HomeMy WebLinkAboutordinance.council.030-98Ordinance No. 30, Series of 1998
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ORDINANCE No. 30
(SERIES OF 1998)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A CERTIFICATE OF
COMPLIANCE WITH THE RESIDENT MULTI-FAMILY BOUSING REPLACEMENT
PROGRAM, SUBDM SION APPROVAL, CONSOLIDATED CONCEPTUAL/FINAL
PLANNED UNIT DEVELOPMENT (PUD) APPROVAL, INCLUDING A VARIANCE TO
THE MINIMUM OPEN SPACE AND FRONT YARD SETBACK REQUIREMENTS,
AND VESTED PROPERTY RIGHTS FOR THE 1035 EAST DURANT DEVELOPMENT
(A/K/A DAY SUBDIVISION), A TRACT OF LAND SITUATED IN THE E 1/2 NW 1/4 NE
1/4 AND THE W 1/2 NE1/4, SECTION 18., TOWNSHIP 10 SOUTH, RANGE 84 WEST OF
THE 6TH P.M., CITY OF ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, The Community Development Department received an application from the
Aspen-Day Family Partnership, LLLP (hereafter "Applicant"), for Consolidated Conceptual/Final
Planned Unit Development (PUD) including requests for variances to the minimum open space, front
yard setback, and off-street parking requirements pursuant to Chapter 26.84 of the Municipal Code;
Subdivision pursuant to Chapter 26.88 of the Municipal Code; Appeal of the Resident Multi-Family
Housing Replacement Program pursuant to Chapter 20.08 of the Municipal Code; and, Vested Property
Rights pursuant to Section 26.52.080 ofthe Municipal Code; and,
WHEREAS, pursuant to Section 26.84.030 of the Aspen MuniCipal Code, the Planning and
Zoning Commission shall make a recommendation to the City Council regarding requests for Planned
Unit Development (PUD) approval, including certain variances to dimensional requirements of the
underlying zone district; and pursuant to Section 26.88.040 of the Aspen Municipal Code, the Planning
and Zoning Commission shall make a recommendation to the City Council regarding requests for
Subdivision approval; and,
WHEREAS, pursuant to Section 26.84.030 of the Aspen Municipal Code, City Council shall
either approve, approve with conditions or deny requests for Planned Unit Development (PUD) approval,
including certain variances to dimensional requirements of the underlying zone district; and pursuant to
Section 26.88.040 of the Aspen Municipal Code, City Council shall either approve, approve with
conditions or deny requests for Subdivision approval; and pursuant to Section 20.08.020(c) of the Aspen
Municipal Code, City Council shall decide appeals of the Housing Designee's decisions regarding the
Resident Multi-Family Housing Replacement Program; and pursuant to Section 26.52.080 of the Aspen
Municipal Code, City Council may grant Vested Property Rights Status; and,
WHEREAS, the Housing Office, City Engineering, Parks Department, Aspen Consolidated
Sanitation District, Environmental Health Department, City Zoning Officer, and Community
Development Department reviewed the proposals and recommended approval of each with conditions;
and,
WHEREAS, the above referenced application was legally noticed for a public hearing; and,
WHEREAS, upon review and consideration of the application, agency and public comment
thereon, and those applicable standards as contained in Chapter 26 of the Aspen Municipal Code, to wit,
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Ordinance No. 30, Series of 1998
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Section 26.84.030 (Planned Unit Development) and Section 26.88.040 (Subdivision Approval), during a
public hearing at a continued meeting on June 2, 1998, the Planning and Zoning Commission
recommended approval.by a 6-0 vote of both the request for Consolidated Planned Unit Development
(PUD) with a variance to the minimum open space and front yard setback requirements, and Subdivision;
and
WHEREAS, the Aspen City Council has reviewed and considered the 1035 East Durant
application under the applicable provisions of the Municipal Code as identified heroin, has reviewed and
considered those recommendations and approvals as granted by the Planning and Zoning Commission,
and has taken and considered public comment at a public hearing; and
WHEREAS, the City Council finds the 1035 East Durant application to be consistent with the
minimum requirements and review standards for both Planned Unit Development and Subdivision
approval pursuant to Sections 26.84.030 and 26.88.040, respectively, of the Aspen Municipal Code
provided the stipulated conditions of approval are met; and
WHEREAS, the City Council finds the 1035 East Durant application to be consistent with the
minimum requirements of the Resident Multi-Family Housing Replacement Program pursuant to both
Section 26.08.030 of the Aspen Municipal Code and Resolution Number 76, Series of 1996, provided the
stipulated conditions of approval are met.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1:
The 1035 East Durant application for Consolidated Planned Unit Development (PUD) is hereby
approved with the following conditions:
1. An open space variance changing the amount of required open space (as defined in Section 26.04.100,
Definitions, of the Municipal Code) on Lot 1 from 35% to 30% is hereby granted.
2. A front yard setback variance changing the required front yard setback (as stipulated in Section
26.28.090, Residential Multi-Family, of the Municipal Code) for Building # 1, the single-family detached
structure on the westerly portion of Lot #1, from ten (10) feet to two (2) feet is hereby granted.
3. The requested variance from the off-sWeet parking requiremeuts associated with Lot 1 is hereby denied,
meaning the .development of Lot 1 shall be required to comply with the off-street parking requirements
associated with the underlying R/MF zone district.
4. The applicant shall work eooperatively with and under the advisement of the Parks Department to arrive
at an acceptable (to the Parks Department) landscape plan with regard tO selection of species, spacing of
planrings, and tree removal permit requirements.
5. No trees or shrubs will be planted along the northerly and southerly property lines of Lot 2 within areas
designated as fire access routes or utility easements, and the landscape boulder presently located in the
proposed southerly utility easement shall be relocated outside of the easement.
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6. In the event required, a tree removal permit must be obtained from the Parks Department for any tree(s)
that is/are to be removed or relocated; also, no excavation can occur within the dripline of the tree(s) to
be preserved and no storage of fill material can occur within this/these dripline(s).
7. If any outdoor lighting is used on the subject property, it will not be directed toward the river or located
down the slope, nor will it cause glare or hazardous conditions. All outdoor lighting shall employ down-
directional, sharp cut-off fixtures. These requirements will be included in the covenants (or other
documents of similar affect) of the homeowners' association(s).
8. Prior to the issuance of any building permits for the single-family residence on Lot 1, the applicant shall
be required to submit an application for Residential Design Standards review, and the Residential Design
Standards in place at the time of adoption of this ordinance. Either a staff finding of compliance or an
approved variance from any standards not complied with will be required before any building permits for
the subject structure can be issued.
9. The costs of any necessary upgrades to existing utility lines, systems and/or facilities attributable to this
development will be borne by the applicant.
10. The townhomes building (easternmost structure on Lot 2) and parking garage are required to have
automarie fire sprinklers.
11. The remainder of the encroaching stone wall on the east side of the driveway to proposed Lot 2,
including the several-boulders and the standing snag (topped cottonwood tree), shall be removed from
the right-of-way adjacent to Lot 2 of this development and the earthen berm shall be graded to form a
more smooth transition between the right-of-way and the. adjoining properties.
12. No part of the proposed "mailboxes and security center" at the entrance to Lot 2 will be permitted within
the public right-of-way.
13. The eight (8) foot wide driveway of Lot 1 shall be paved from the back of the curb to the property line
with standard driveway style curb cut, and portions of the existing curb and gutter in need of repair shall
be replaced in lengths of no less than five (5) feet.
14. With the building permit application, the developer shall provide plans that include: staging and traffic
mitigation; hauling and delivery routes; vehicle parking areas; equipment and materials staging areas;
temporary drainage, erosion and sedimentation control for construction periods; and, provision of
temporary utilities.
15. Prior to the issuance of any Certificates of Occupancy, the applicant shall submit as-built drawings of the
project showing property lines, building footprints, easements, any eneroachments, entry points for
utilities entering the property botmdaries and any other improvements to the Aspen/Pit. kin County
Information Systems Department in accordance with City GIS requirements.
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16. If the proposed use, density or timing of the construction of the project change, or the site, parking or
utility plans for this project change subsequent to this approval, a complete set of the revised plans shall
be provided to the Engineering and Community Development Departments for review and re-evaluation.
17. All material representations made by the applicant in this application and during public meetings with
the Planning and Zoning Commission and then City Council shall be adhered to and shall be considered
conditions of approval, unless otherwise mended by a Board/Commission having authority to do so.
Section 2:
The 1035 East Durant application for Subdivision is hereby approved with the following conditions:
1. Pursuant to Sections 26.68.040(B)(2) and (3) of the Municipal Code, the applicant shall dedicate a
five (5) foot wide fisherman's easement along the river frontage with the recording of a final
subdivision plat.
2. The easterly boundary of the designated building envelope must follow a line that is, at all points,
fifteen (15) feet west of the designated top of slope, and the appmved building envelope shall be
shown on the recorded final subdivision plat.
3. The applicant shall work cooperatively with and under the advisement of the Parks Department to
arrive at an acceptable (to the Parks Department) landscape plan with regard to selection of species,
spacing and location ofplantings, and tree removal permit requirements.
4. In the event required, a tree removal permit must be obtained from the Parks Department for any
tree(s) that is/are to be removed or relocated; also, no excavation can occur within the dripline of the
tree(s) to be preserved and no storage of fill material can occur within this/these dripline(s).
5. The costs of any necessary upgrades to existing utility lines, systems and/or facilities attributable to
this development will be borne by the applicant. With regard to future water system improvements,
the applicant will financially participate in any upgrades of the line size on a pro-rata basis with other
property owners benefited by such improvements to the distribution system, and this condition shall
be included in the subdivision and water service agreements for the development.
6. The four-unit townhouse building and parking garage are required to have automatic fire sprinklers.
An easement to the City Water Department for the fire hydrant to the west of the common driveway
to Lot 2 shall be granted on the final subdivision plat.
7. The developer shall install and replace utility service lines and appurtenances, as required, to the
standards of the utility provider. Utility meters and service connection points shall not be obstructed
and shall be accessible to service personnel in the completed project. Any new surface utilities
requiring a pedestal or other above-ground equipment shall be installed on an easement provided by
the property owner. The new utility easements shall be shown on the plan set submitted for building
permit(s). The developer will not disrupt utility service to adjacent properties during construction.
8. The applicant shall make a cash payment-in-lieu of School Land Dedication prior to and on a
proportional basis to the issuance of any building permits for each of the seventeen (17) residential
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units. The appropriate, proportional fees will be determined by the Zoning Officer at such time as a
building permit is requested.
9. Drainage from the parking garage must be mn through an oil and sand separator prior to being
discharged to the sanitary sewer system. The overflow line(s) from the garage floor shall be
discharged to drywells.
10. The owner shall construct sidewalks across the street frontage of the properties such that the new
sidewalks will connect and align with the sidewalks to the west of the property. The new sidewalks
shall be at least five (5) feet in width. All portions of the new sidewalk that fall outside of the right-
of-way except in front of Building 1 (the single-family residence) on Lot 1 shall be contained within
a pedestrian easement granted to the City for public use, and said easement shall be indicated on the
· final subdivision plat. The sidewalk alignment shall be shown on the plan sets submitted with the
building permit application(s).
11. The property owner shall' post financial securities, acceptable to the City Engineer, for the public
improvements and landscaping in the public right-of-way; the security will be of an amount equal to
100% of the value of the work and the developer's estimate must receive approval from the City
Engineer.
12. The development must be tied into the City's survey control grid. In lieu of establishing new range
points and'boxes for the subdivision, the developer shall refurbish, as needed, comer No. 2 of the
Aspen Townsite referenced in the deed and Improvement Survey, and protect it with a proper survey
monument range box (with embossed label on the lid). The existing property monuments shall be
protected during construction and flagged for verification prior to issuance of any Certificates of
Occupancy.
13. The property owner(s) is required to join any future improvement district(s) formed for the purpose
of constructing public improvements which benefit the property under an assessment formula; the
agreement shall be executed and recorded concurrent with the recording of the subdivision plat, and
will include improvements to the water distribution system serving this development.
14. All material representations made by the applicant in this application and during public meetings
with the Planning and Zoning Commission and/or City Council shall be adhered to and shall be
considered conditions of approval, unless otherwise amended by a Board/Commission having
authority to do so.
Section 3.'
Pursuant to Sections 20.08.020(c) and 20.080.030 of the Aspen Municipal Code, a Certificate of
Compliance with the Resident Multi-Family Housing Replacement Program shall be issued with the
following conditions:
1. The multi4amily structure on Lot 1 shall contain: seven (7) Category 2 apartments leased/sold at
studio rates; three (3) Category 1 apartments leased/sold at studio rates; and, two (2) Category 3,
two-bedroom apartments leased/sold at one-bedroom rates. The two (2) two-bedroom units shall
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each contain 576 square feet. All deed restrictions and associated lease/sale rates shall be based
upon the applicable Affordable Housing Guidelines.
2. One (1) of the Category 3 units shall be set aside for an on-site property manager. In the case that
there is no on-site property manager, the unit shall be available though the Aspen/Pitkin County
Housing Authority's lottery process.
Section 4:
Pursuant to Section 26.52.080 of the Aspen Municipal Code and C.R.S. 24-68-104(2), City Council does
hereby grant the applicant Vested Property Rights status for the site specific development plan for the 1035
East Durant Avenue application as approved by Ordinance Number 30, Series of 1998, for a period of three
(3) years from the date said Ordinance is signed with the following conditions:
1. The rights granted by this site specific development plan shall remain vested for a period of three (3)
years from the effective date hereof. However, any failure to abide by any of the terms and conditions
attendant to this approval shall result in forfeiture of said vested property rights. Failure to properly
record all plats and agreements required to be recorded by the Municipal Code shall also result in
forfeiture of said vested property rights.
2. The approval granted hereby shall be subject to all rights of referendum and judicial review; except that
the period of time permitted by law for the exercise of such rights shall not begin to run until the date of
publication provided for in Section 26.52.080(D)
3. Zoning that is not part of the site specific development plan approved hereby shall not result in the
creation of a vested property right.
4. Nothing in the approvals provided in this Ordinance shall exempt the site specific development plan
from subsequent reviews and or approvals required by this Ordinance or the general rules, regulations
or ordinances of the City provided that such reviews or approvals are not inconsistent with the
approvals granted and vested herein.
5. The establishment herein of a vested property right shall not preclude the application of ordinances or
regulations which are general in nature and are applicable to all property subject to land use regulation
by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical
codes. In this regard, as a condition of this site development approval, the developer shall abide by any
and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom-is
granted in writing.
Section 5:
Pursuant to Section 26.52.08002)) of the Municipal Code, the City Clerk shall cause notice of this Ordinance
to be published in a newspaper of general circulation within the City of Aspen no later than fourteen (14)
days following final adoption hereof.
Section 6:
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid
or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect
the validity of the remaining portions thereof.
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Section 7:
This Ordinance shall not affect any existing litigation and shall' not operate as an abatement of any action or
proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and
the same shall be conducted and concluded under such prior ordinances.
Section 8:
A public hearing on the Ordinance shall be held on the 10th day of August, 1998 at 5:00 P.M. in the City
Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public
notice of the same shall be published once in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the
City of Aspen on the 13th day of July, 1998.
..':i~?:.
APPROVED AS TO FORM:
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