HomeMy WebLinkAboutordinance.council.021-01 ORDINANCE NO. 21, SERIES OF 2001
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN
APPROVING THE FINAL PLANNED UNIT DEVELOPMENT (PUD) FOR THE
BAVARIAN INN AFFORDABLE HOUSING DEVELOPMENT, SUBDIVISION
TO CREATE NINETEEN AFFORDABLE HOUSING UNITS, REZONING TO
RESIDENTIAL MULTI-FAMILY WITH A PLANNED UNIT DEVELOPMENT
OVERLAY ZONE DISTRICT, A GROWTH MANAGEMENT QUOTA SYSTEM
EXEMPTION, AND VESTED PROPERTY RIGHTS ON LOTS D THROUGH I
AND LOTS K THROUGH P, BLOCK 12, CITY AND TOWNSITE OF ASPEN,
PITKIN COUNTY, COLORADO.
Parcel No. 2735.123.08.004
WHEREAS, the Community Development Department received an application
fi.om Bavarian Affordable Housing LLC, owner, as represented by Vann Associates,
LLC, for a Final Planned Unit Development Plan, Subdivision, Rezoning, Special
Review, Growth Management Quota System Exemption and Vested Property Rights
approval of a for-sale, deed-restricted, residential affordable housing development of 19
units. 40 bedrooms and 31 parking spaces on two (2) parcels located between W. Main
Street, Seventh Street, Eighth Street, and W. Bleeker Street; and,
VOtEREAS, the application was submitted pursuant to Sections 26.52.080,
26.64.040, 26.84.030, 26.88.040, 26.92.030 and 26.102.040 of the Aspen Land Use
Regulations (the June 1996 reprint of Title 26 of the 1995 Aspen Municipal Code,
including all amendments thereto enacted prior to September 15, 1998, and hereinafter
called the "1995 Aspen Municipal Code") as was in effect at the time of submission of
the conceptual PUD application; and
WHEREAS, Parcel 1 of the subject site is located at the southwest comer of the
intersection of Seventh Street and West Bleeker Street, and is legally described as Lots D
through I, Block 12, and Parcel 2 of the subject site is located at the northeast comer of N.
Eighth Street and West Main Street, and is legally described as Lots K through P, Block
12, both of the City and Townsite of Aspen; and
WHEREAS, pursuant to the above-cited sections of Title 26 of the 1995 Aspen
Municipal Code, land use applications requesting land use review for Final Planned Unit
Development, Subdivision, Rezoning, Growth Management Quota System (GMQS)
Exemption fi.om the scoring and competition for affordable housing development may be
approved by the City Council at a duly noticed public hearing after considering
recommendations by the Community Development Director, the Planning and Zoning
Commission made at a duly noticed public heating and the Aspen/Pitkin County Housing
Authority Board made ar a duly noticed public heating, and the appropriate referral
agencies; and,
Bavarian Final PUD Ordinance No. 21, Series of 2001, Page 1
WHEREAs, pursuant to Section 26.100.050 of the 1995 Aspen Municipal Code,
the Housing Board made a recommendation to the City Council to approve the
affordable housing development, with conditions, and exempt the development from the
scoring and competition process of GMQS, after conducting a public hearing on March 7,
2001; and,
WHEREAS, pursuant to Section 26.04.100 of the 1995 Aspen Municipal Code,
the Planning and Zoning Commission made a recommendation to the City Council
regarding the application requests for Final Planned Unit Development (PUD),
Subdivision, Rezoning, and Growth Management Quota System Exemption approval
after conducting a hearing public hearing on March 6 and March 20, 2001, regarding the
proposal; and have forwarded their recommendations through Resolution No. 12, Series
of 2001, by a vote of five (5) to zero (0); and,
WHEREAS, pursuant to Section 26.32 of the 1995 Aspen Municipal Code, the
Planning and Zoning Commission approved through Resolution No. 12, Series of 2001, a
request for Special Review to establish thirty-one (31) off-street parking requirements for
affordable housing; and,
WHEREAS, the Fire Marshal, Aspen Consolidated Sanitation District, the City
Water Department, City Engineering, Parks Department, Environmental Health
Department, the City Transportation Planner, the City Zoning Officer, the Roaring Fork
Transit Agency, the Aspen/Pitkin County Housing Authority, and the Community
Development Department reviewed the proposal and recommended approval with
conditions; and,
WHEREAS, the City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Community Development Director,
Planning and Zoning Commission, Housing Board, the applicable referral agencies, and
has taken and considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the development proposal meets or
exceeds all applicable development standards and that the approval of the development
proposal, with conditions, is consistent with the goals and elements of the Aspen Area
Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO as follows:
Bavarian Final PUD Ordinance No. 21, Series of 2001, Page 2
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Section 1: ' '
Pursuant to the procedures and standards set forth in Title 26 of the 1995 Aspen
Municipal Code, the Bavarian Inn Affordable Housing Final PUD, Subdivision,
Rezoning, and Growth Management Quota System Exemption for the development of a
"for-sale" deed-restricted affordable housing development consisting of 19 housing units,
40 bedrooms, and 31 parking spaces and appurtenant improvements, all as put forth
specifically in the Bavarian Affordable Housing Final PUD Application dated December
1, 2000, prepared by Vann Associates, LLC, and as amended and/or conditioned through
this Ordinance is hereby approved, subject to the conditions of approval described
hereinafter.
Section 2:
Conditions of Approval:
1. A Final PUD Plan shall be recorded within 180 days of the final approval granted by
City Council and shall include:
a) A final plat meeting the requirements of the City Engineer and showing
easements, encroachment agreements and licenses with reception numbers for
physical improvements, and location of utility pedestals.
b) An illustrative site plan of the project showing the proposed improvements,
landscaping plan, utility plan, grading/drainage plan, parking layout, and the
dimensional requirements as approved.
c) A drawing representing the project's architectural character.
d) Within 180 days after final approval by City Council and prior to applying for a
building permit, the applicant shall record a Subdivision/PUD Agreement with the
Pitkin County Clerk and Recorder binding this property to this development
approval.
2. The dimensional requirements of the PUD shall not be in excess of the
Residential/Multi-Family Zone District's dimensional requirements and are
established as specifically put forth in the application. The Residential Design
Standards of the City are found to be met through the PUD process and no additional
approval is required. The approved setbacks are as follows:
a) A 4-foot variance in the 10-foot rear yard setback for the existing Bavarian Inn on
Parcel 1.
b) A 7-foot variance in the 10,foot rear yard setback for the proposed duplex on
Parcel 1.
c) A 2-foot and 4-foot variance in the required 10-foot front yard setback of the
proposed Main Street and Eighth Street multi-family structures, respectively, on
Parcel 2.
d) A 2-foot variance in the 5-foot side yard setback on the west side of the proposed
multi-family structure along Eighth Street on Parcel 2.
Bavarian Final PUD Ordinance No. 21, Series of 2001, Page 3
e) All buildings will have flat roofs. "
f) The Ni/N2 and S1-S5 building complexes will be limited to twenty (20) feet in
height measured to the top of the roof.
g) The W2-W5 building complex will be limited to twenty-five (25) feet in height
measured to the top of the roof.
3. The Applicant shall implement the cabin relocation plan as put forth in the
application.
4. The existing Bavarian Inn structure shall be subject to the requirements of Part VII,
Section 14, Deed Restricting Existing Dwelling Units of APCHA. Existing units must
be upgraded in accordance with the following criteria and specific provisions:
a) The interior walls of all units must be freshly painted.
b) The interior appliances must be purchased within the last five years and be in
good working condition.
c) Carpet must be less than five years old and be in good condition and repair, or be
replaced.
d) The exterior building walls shall be freshly painted within one year of dedication.
An alternative to painting would be the application ora new stucco skim coat to
the exterior, subject to approval by APCHA.
e) A general level of upgrade to yards and landscaping shall be provided.
f) Windows, heating, plumbing, electrical systems, fixtures, and equipment shall be
in good and working order.
g) The roof must have a remaining usefifl life of at least ten (10) years and any
necessary repair or replacement shall occur to ensure the ten (10) year life span.
h) All units shall meet Uniform Building Code minimum standards, any applicable
housing code or, in the absence of an adequate code, the housing code acceptable
to the APCHA.
i) All units shall be approved by the APCHA and verified by a qualified Building
Inspector accepted and approved by the APCHA.
j) Applicant shall bear the costs and expenses of any required upgrades to meet the
above standards as well as any structural/engineering reports required by the
APCHA to assess the suitability for occupancy and compliance with the APCHA
standards of the proposed units.
k) Any broken window glass shall be replaced. Window sills or flames in disrepair
shall be repaired or replaced:
1) Any fascia, soffit and exterior woodwork shall be repaired, replaced and repainted
as necessary.
m) Rain gutters shall be repaired or replaced as necessary.
n) The property grounds shall be cleaned of debris materials, be upgraded to a grassy
condition, and be landscaped in accordance with the Final PUD plan except that
additional landscaping shall be installed along the 7th Street in the parking lot
island.
Bavarian Final PUD Ordinance No. 21, Series of 2001, Page 4
5. The Applicant, or the applicant's representative, must meet with the Housing Office
prior to listing the units for sale to identify the units that would mount to 13 FTE's.
These units may be used to house fully qualified employees chosen by the applicant
for the initial sale only of the unit. Any sale after the initial sale of these units would
be required to be listed with the Housing Office and sold under the lottery process.
The employees must qualify pursuant to APCHA Guidelines defining a "qualified
employee."
6. A deed restriction, provided by the Housing Office, shall be placed on all of the units
prior to building permit application.
7. Prior to Certificate of Occupancy, the Housing Office shall have the right to inspect
all units for compliance.
8. A construction management plan that addresses the preservation of the existing
landscaping and vegetation on the site and within the public right-of-ways adjacent to
the subject property shall be submitted and approved by the City Forester prior to
issuance of a building permit.
9. The landscape plan shall be amended to show four (4) Cottonwood trees along Main
Street and landscaping within the landscape island. The revised landScape plan must
be submitted, showing exact location and spacing, with the official tree removal
permit with the required amendments in this approval for the proposed plantings and
approved by the City Forester prior to the issuance of a building permit.
10. The Main Street sidewalk design and location shall be amended to align the sidewalk
along the property line to allow for the maximum space for trees and a buffer zone
for potential future Main Street improvements: The sidewalk shall curve around the
12-inch cottonwood proposed to be saved on the Main Street frontage.
11. Any irrigation design proposed for installation in the public right-of-way must be
approved by the Parks Department prior to installation and should be included as part
of a right-of-way permit.
12. The building permit application shall include:
a) A copy of the final Ordinance and recorded Planning and Zoning Commission
Resolution.
b) The conditions of approval printed on the cover page of the building permit set.
c) A completed tap permit for service with the Aspen Consolidated Sanitation
District.
d) A tree removal permit as required by the City Parks Department and documenting
required apprOvals noted above in ConditiOns No. i0 and 11 from the City
Forester for mitigation of removed trees and existing tree preservation.
e) A fugitive dust control plan.
Bavarian Final PUD Ordinance No. 21, Series of 200 I, Page 5
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13. The building permit plans shall demonstrate an adequate fire sprinkler system and
alarm system for the development as required by the Aspen Fire Marshal.
14. Prior to issuance ora building permit:
a) The primary contractor shall submit a letter to the Community Development
Director stating that the conditions of approval have been read and understood.
b) All tap fees, impacts fees, and building pemfit fees shall be paid. If an alternative
agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized,
those fees shall be payable according to the agreement.
15. No excavation or storage of dirt or material shall occur within tree driplines or outside
of the approved building envelope and access envelope.
16. All construction vehicles, materials, and debris shall be maintained on-site and not
within public rights-of-way unless specifically approved by the Director of the Streets
Department.
17. The applicant shall abide by all noise ordinances. Construction activity is limited to
the hours between 7 a.m. and 7 p.m.
18. The applicant shall not track mud onto City streets during construction. A washed
rock or other style mud rack must be installed during construction.
19. All uses and construction shall comply with the City of Aspen Water System
Standards and with Title 25 and applicable portions of Title 8 (Water Conservation
and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to
utilities.
20. The Applicant or owner shall mitigate any public impacts that this project causes,
including but not limited to utility expenses and sanitary sewer and water lines.
21. The site plan shall be amended to show the dumpster (on the alley) relocated from the
west end of the parking area to east end of the parking area.
22. The Home Owner's Association Declarations, Restrictions and covenants shall
include a provision disallowing dogs. Such provision in the Declarations,
Restrictions and Covenants may be amended only with a vote of 100% unanimous
approval by the homeowners.
23. The sign plan as described in the Final PUD application shall be amended as follows:
a) Re. Sign A-strike the word, "Affordable" from the sign,
b) Re. Sign F-add the words, "Do Not Enter".
c) Install an additional Sign F at the west end of the parking court.
Bavarian Final PUD Ordinance No. 21, Series of 2001, Page 6
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24. The Home Owner's Association is advised (not required) to set aside a special reserve
from the Home Owner's Association funds for the replacement of landscaping and
vegetation on the site, including that which was located on the site prior to
development.
Section 3:
The Official Zone District Map of the City of Aspen shail be, and is hereby amended by
the Community Development Director to reflect rezoning of Parcel 2, legally described
as Lots K through P, Block 12, of the City and Townsite of Aspen, to Residential/Multi-
Family with a Planned Unit Development (PUD) Overlay Zone District.
Section 4:
A waiver of the Park Development Impact Fee is hereby granted in accordance with the
promsions of Section 26.44.060, Affordable Housing/Historic Landmark, of the 1995
Aspen Municipal Code.
Section 5:
All material representations and commitments made by the applicant pursuant to the
development proposal approvals as herein awarded, whether m public hearing or
documentation presented before the Planning and Zoning Commission or City Council, are
hereby incorporated in such development approvals and the same shall be complied with as
if fully set forth herein, unless amended by an authorized entity.
Section 6:
This Ordinance shall not effect 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 7:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining potions thereof.
INTRODUCED, READ AND ORDERED PUBISHED as provided by law, by the City
Council of the City of Aspen on this 25th day of June, 2001 and set for public hearing and
Second Reading on the 23ra day of July, 2001.
Clerk H[lenrKal~l/~and~'~l~o~- - ~
Bavarian Final PUD Ordinance No. 21, Series of 2001, Page 7
FINALLY, adopted, passed, and approved by a vote of four to one (4 tol), this 23~ day of
July, 2001.
Approved as to form: Approved as to content:
John ~c~s(er,- City Attorney
ATTEST:
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