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Home My WebLink Aboutordinance.council.020-12 ORDINANCE NO. 20 (SERIES OF 2012) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING SUBDIVISION REVIEW WITH CONDITIONS, FOR THE DEVELOPMENT OF A TRIPLEX ON THE PROPERTY LEGALLY DESCRIBED AS LOTS A, B, AND C, BLOCK 12, ASPEN TOWNSITE AND COMMONLY KNOWN AS 831/833 W. BLEEKER STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 273512308002 WHEREAS, the Community Development Department received an application from Herb and Marsha Klein requesting approval of a Growth Management Review for Affordable Housing, a dimensional variance, variances from the Residential Design Standards, Establishment of Affordable Housing Credits and Subdivision, to develop a voluntary affordable housing unit on the subject site thereby converting an existing duplex into a triplex at 831/833 W. Bleeker Street, legally described as Lots A, B and C, Block 12, City and Townsite of Aspen, Colorado.; and, WHEREAS, the applicant agrees that the conditions of approval for the development of voluntary affordable housing are accepted by the applicant and constitute a voluntary agreement to limit rent/sales prices on the Property and to otherwise provide affordable housing stock in accordance with the provisions of CRS 38-12-301(2)(a) and (2)(b); and WHEREAS, the Applicant requested approval by the Planning and Zoning Commission for Growth Management Review for Affordable Housing, a dimensional variance, variances from the Residential Design Standards, Establishment of Affordable Housing Credits and a recommendation of Subdivision; and, WHEREAS, the property is located at 831/833 W. Bleeker Street and is currently zoned Residential Multi-family (RMF); and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended remanding the application to applicant to amend the size or category of the affordable housing unit, reduce the unit size of a proposed residential unit to meet the 2,000 square foot cap for multi-family units in the RMF zone district, require new garage access and surface parking to access and be located off the existing alley, and to restudy the proposed addition to protect the existing trees along W. Bleeker Street; and, WHEREAS, during a duly noticed public hearing on May 1, 2012, the Planning and Zoning Commission considered the application under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment; and, RECEPTION#: 591381, 08/15/2012 at Page 1 of 7 03:09:01 PM, Ordinance No. 20 (2012) 1 OF 8, R $46.00 Doc Code ORDINANCE Janice K.Vos Caudill, Pitkin County, CO WHEREAS, the Planning and Zoning Commission found 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 via Resolution No. 9 (Series of 2012); and, WHEREAS, upon review of the application and the applicable code standards for Subdivision, the Community Development Department recommended approval of the review; and, WHEREAS, during a duly noticed public hearing on July 23, 2012, the City Council considered the application under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment; 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 RESOLVED BY THE CITY COUNIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Development Approval The City Council approves the application for Subdivision permitting the development of an additional dwelling unit, for a total of three units, on the subject property conditioned on the following: The City Engineer is requested to study the streets in the area of W. Bleeker Street and N. 8th Street and inform council as to whether there is a traffic safety issue and if so what measures, such as removing street parking, speed bumps, signage, reduced speed limits, modifying access points, etc., can enhance the safety of the neighborhood. Such study and recommendations shall be concluded by September 5, 2012. Section 2: Plat and Agreements The Applicant shall record a Subdivision plat and agreement that meets the requirements of Land Use Code section 26.480.070, Subdivision agreement within 180 days of the approval by City Council. Section 3: Building Permit Application The Applicant, the Applicant's General Contractor, the Architect that produced the construction drawings, and representatives from the Building Department, Community Development Department and any other person deemed necessary by the City shall attend Page 2 of 7 Ordinance No. 20 (2012) a meeting prior to the submission of any type of Building Permit for the Subject Property. The purpose of the meeting shall be to ensure clarity relative to the submission requirements, the requirements of this Ordinance, timeframes for processing Building Permits, and any other issues raised by any party. The building permit application shall include the following: a. A copy of the final Ordinance and Planning and Zoning Commission Resolution No. 9 (Series of 2012). 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 drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which meets adopted City standards. e. An excavation stabilization plan, construction management plan (CMP), and drainage and soils reports pursuant to the Building Department's requirements. f. A fugitive dust control plan to be reviewed and approved by the Environmental Health Department. g. A detailed excavation plan for review and approval by the City Engineer. h. Accessibility and ADA requirements shall be addressed to satisfactorily meet adopted building codes. Section 4: Affordable Housing The development of one (1) voluntary studio rental unit of 401 square feet of net livable area, permitted to be rented at Category 2 or lower at property owner's discretion, is granted pursuant to Resolution No. 9 (Series of 2012), by the Planning and Zoning Commission. The unit shall meet the requirements of the Aspen Pitkin County Housing Authority (APCHA) Guidelines and shall be deed restricted in accordance with Aspen Pitkin County Housing Authority requirements in effect upon building permit submittal provided that, the deed restriction shall allow Owner to select the tenant who shall occupy the unit and who shall meet the qualifications established by APCHA guidelines for occupancy of the unit at the category level permitted; and further provided that if Owner does not have a qualified occupant for the unit within forty-five (45) days of its becoming vacant, APCHA shall have the right to select the tenant. The lease for the unit shall be not less than six months. One designated parking space shall be provided for the employee unit. Prior to recording the deed restriction, the Owner and APCHA shall stipulate and agree that, in accordance with CRS 38-12-301(1)(a) and (b), this Deed Restriction constitutes a Page 3 of 7 Ordinance No. 20 (2012) voluntary agreement and deed restriction to limit rent on the property subject hereto and to otherwise provide affordable housing stock. Owner shall waive any right it may have to claim that this Deed Restriction violates CRS 38-12-301. The unit may be "converted" to a sales unit upon the owner filing a new deed restriction in compliance with policies and procedures adopted by APCHA applicable to sale units in effect upon conversion. Any condominium documents shall comply with adopted APCHA policy intended to protect the affordable housing unit from excessive monthly and/or special assessments having to do with luxury items and/or expensive modifications. Any free market residential unit requiring a-Certificate of Occupancy shall- not have a final inspection approved nor shall a Certificate of Occupancy be issued for it until after the deed restriction for the affordable housing unit has been recorded and the affordable housing unit has passed its final inspection. Section 5: Certificates of Affordable Housing Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission via Resolution No. 9 (Series of 2012) approves issuance of 1.25 Certificates of Affordable Housing Credits, such certificates to be issued subsequent to issuance of a Certificate of Occupancy and required deed restriction for the voluntary affordable housing unit, pursuant to Section 26.540.040. Section 6: Dimensional Variance Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission via Resolution No. 9 (Series of 2012) approves one dwelling unit to be no greater than 2,952 sq. ft. of net livable area. All other dwelling units shall meet the maximum unit size cap of the underlying zone district. All other dimensional standards for the Residential Multi-family zone district shall be met. Section 7: Residential Design Standards Variances Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission via Resolution No. 9 (Series of 2012) grants the requested design variances of Parking Garages and Carports, Section 26.410.040 (C)(1)(a), Building Elements — Street oriented entrance and principal window, Section 26.410.040 (D)(1)(b), Building Elements —First Story Element, Section 26.410.040 (D)(2), and Windows, Section 26.410.040 (D)(3)(a) as materially represented at the public hearing on May 1, 2012. Section 8: Parks Building permit plans shall include a detailed plan submitted for Tree Protection. A tree removal permit must be applied for and approved via the parks department, where applicable. Special construction and excavation techniques, approved by the City Forester, designed for the purpose of protecting the root systems of the trees within the Bleeker Street Right of Way are required in order to receive an approved tree permit. Page 4 of 7 Ordinance No. 20 (2012) a. Tree protection fences must be in place and inspected by the city forester or his/her designee before any construction activities are to commence. b. No excavation, storage of materials, storage of construction backfill, and storage of equipment, foot or vehicle traffic allowed within the drip line of any tree on site. c. The applicant shall work on a foundation design that minimizes impacts to the trees along Eighth Street. Section 9: Engineering The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the Engineering Department. The Applicant design shall also be compliant with the Urban Runoff Management Plan. Section 10: Fire Mitigation All codes adopted by the Aspen Fire Protection District shall be met per building permit. Section 11: Utilities The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Utility placement and design shall meet adopted City of Aspen standards. Section 12: Sanitation District Requirements Service is contingent upon compliance with the District's rules, regulations, and specifications, at the time of construction, which are on file at the District office. All ACSD fees must be paid prior to the issuance of a building permit. Section 13: Exterior Lighting All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting. Section 14: Imp_act Fees and School Lands Dedication Fee-in-Lieu The Applicant shall pay all impact fees and the school lands dedication fee-in-lieu assessed at the time of building permit application submittal and paid at building permit issuance. Section 15: Vested Rights The development approvals granted pursuant to this ordinance shall be vested for a period of three (3) years from the date of issuance of the development order. No later than fourteen (14) days following the final approval of all requisite reviews necessary to obtain a development order as set forth in this ordinance, the City Clerk shall Page 5 of 7 Ordinance No. 20 (2012) cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a vested property right, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Lots A, B and C, Block 12, City and Townsite of Aspen, commonly known as 831/833 W. Bleeker Street, City of Aspen, CO, by Ordinance No. -- Series of 2012, of the Aspen City Council. Section 16: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 17: 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 18: 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 portions thereof. The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 19: A public hearing on this ordinance shall be held on the 23`d day of July, 2012, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same was published 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 25th day of June, 2012. Attes : / Page 6 of 7 Ordinance No. 20 (2012) Kathryn S. Koch, City Clerk Michael C. Ireland,Mayor FINALLY, adopted, passed and approved this 2 day 041,1„, 2012. Attest: Kathryn S.l,ec , City Clerk Michael C. Ireland,Mayor Approved as to form: James R. True,City Attorney List of Exhibits Attachment 1: Required construction techniques for tree protection Page 7 of 7 Ordinance No. 20 (2012) )Ci \Z'\T i1= -- DR VC,4?To 8T R eD �b APPROXIMATE fDOE Or ASPHAL��R8OvIT NG ,1 STREETA�e OF Or I►l/ CUT ASP AST �Il� '�4�\\ 50'g9,� .7.> '4" P12 Op r/�1■ T `= 10Q u0, 0.- Y CURB�1 D �l-r- n�f 0g .►Il- o cn ll� tit 0v) o .�N j r ° /�i A dT-t11-- R1 % .,z 1 Rog. tz_L / "III wti 4„.._. , �\S_^� � n 29,7" o t!4L7/ D/R v Z Jl H l` §/. Z^ .� cn O X. s �P iisue. c J,. til N 1.M.R: it �Il� n a v y y � rb F a I,49„ eJ 10%. ,ZCja nJ S ,�- f 1 • / a t'i I LTj y 00.0 1'� o k z o C/]N 'rrr\ •~b m Cl) C�7 —.ids 2 cn a 0 i c)o � y z t � b '"'� mD20�� 'x g - z y'7 H p n-1,A 0 r * '�•7 O O� AD-00'y tJ 4 a y0 w m0-<mm� 4_ T z xt t' N �"A",o z o 9 „ �� CO 0 Zv O 00�M>OD tY t7 Fey �y FociA�� m b� ��yyyJ til ~ D(nyp2Z .3^ I' \ 1 O�A(i D,ZDj ~ I-._y G. O rt1°O D v m A D O m 7,1--rjr,-<0m Fil H m 0 H 0� hil F--1 V , ., p-I fil 0 0 D A `'J o A m 0 AmAF �� -n zrnmC I 0••p 1—_, Dm om m A A m D D 0I Ad Name: 8076668A LEGAL NOTICE I C6 2_ ORDINANCE#20,2012 PUBLIC HEARING �( Customer: Aspen (LEGALS) City of Ordinance k20,Series of was adopted on first reading at the City Council uncil meeting June 25, 2012. This ordinance,if adopted,will approve Your account number: 1013028 subdivision for a triplex at 831 W.Bleeker street. The public hearing on this ordinance is scheduled for July 23,2012 at 5 PM,City hall,130 South Galena. PROOF OF PUBLICATION To see the entire text,go to the city's legal notice website httpWwww.asDenoitkin.com/DeDartments/C/e rk/ Legal-Notices/ If you would like a copy FAXed or e-mailed to you, call the city clerk's office,429-2686. Published in the Glenwood springs Post Indepen- dent on June 28,2012.[8076668] STATE OF COLORADO, COUNTY OF PITKIN I,Jim Morgan, do solemnly swear that I am General Manager of the ASPEN TIMES WEEKLY, that the same weekly newspaper printed, in whole or in part and published in the County of Pitkin, State of Colorado, and has a general circulation therein;that said newspaper has been published continuously and uninterruptedly in said County of Pitkin for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions;and that the first publication of said notice was in the issue of said newspaper dated 6/28/2012 and that the last publication of said notice was in the issue of said newspaper dated 6/28/2012. In witness whereof,I have here unto set my hand this 09/12/2012. Jim Morgan,General Manager Subscribed and sworn to before me,a notary public in and for the County of Garfield,State of Colorado this 09/12/2012. Mary E.Borkenhagen,Notary Public My Commission expires:September 12,2015 i p107gR` ,•m s :z �` p�BLIC r Expires Os',2