HomeMy WebLinkAboutordinance.council.011-99 ORDINANCE N0. I1
(SERIES OF 1999)
AN ORDINANCE OF TIlE ASPEN CITY COUNCIL GRANTING PLANNED
UNIT DEVELOPMENT, SUBDIVISION, REZONING, GROWTH
MANAGEMENT EXEMPTION FOR AFFORDABLE HOUSING, VESTED
PROPERTY RIGHTS APPROVAL, AND PARK DEVELOPMENT FEE WAIVER
FOR THE BARBEE PROPERTY, LOTS 1 AND 2 OF BLOCK 11, AND LOTS 1-9
OF BLOCK 5, CITY AND TOWNSITE OF ASPEN, PLUS ADDITIONAL METES
AND BOUNDS DESCRIBED PROPERTY WITHIN THE CITY OF ASPEN AND
PITKIN COUNTY AS REPRESENTED,
PARCEL NO. 2735-131-00-100
WHEREAS, the Commtmity Developmere Department received an application
from Mary Barbee, John Barbee, Hallie Rugheimer, and Aspen-Pitkin Employee Housing
Inc., applicant, for a planned unit development, subdivision, rezoning, growth management
exemption for affordable housing, vested property rights approval, and park development
fee waiver approval on an approximately 17.67 acre parcel of land, described as Lot 1 and
2 of Block I 1, and Lots 1-9 of Block 5, City and Townsite of Aspen plus additional
metes and bounds within City of Aspen and Pitkin County as represented, for the
development of ten new residential units consistent with the Affordable Housing -
Planned Unit Development (AH1-PUD) Zone District; and,
WHEREAS, the application was referred to the relevant agencies and the
Housing Office, Fire Marshall, Environmental Health Department, ASpen Consolidated
Sanitation District, City Engineering Department, Parks Department, and Commtmity
Development Department reviewed the proposal and recommended approval with
conditions; and,
WHEREAS, during a regular meeting on March 16, 1999, the Planning and
Zoning Commission recommended, by a 4-0 vote, the City Council approve the Planned
Unit Development, subdivision, and rezoning'to AH1/PUD, R-15/PUD and Conservation
for the Barbee property, with the conditions recommended ~by the Community
Development Department, as mended by the Commission; and,
WHEREAS, during a regular meeting on March 16, 1999, the Growth
Management Commission recommended, by a 7-0 vote, the City Council approve the
Growth Management Exemption for Affordable Housing and the method of providing
that housing for the Barbee property, with the conditions recommended by the
Community Development Department; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code, has reviewed and
considered the recommendation of the Planning and Zoning Commission, the Growth
Management Commission, the Community Development Director, and the applicable
referral agencies, and has taken and considered public comment at a public hearing; and,
o.d .e No. _. set,e, ,999 IIIIIII IIIII IIIIII IIII IIIIIll IIII IllIll III IIIII IIII IIII
Page 1 433963 08/92/1999 10:~11:10RDINIINC DI1VIS SILVI
1 .,e e R 45.ee D e.ee N e.ee PZTKZN COUNTY CO
~",,, 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
WItEREAS, the City Council finds that this Ordinance furthers and is necessary
for public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY TIlE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO as follows:
Section 1:
Pursuant to Sections 26.52, and 26.84, and subject to those conditions of approval as
specified hereinafter, the City Council hereby grants approval of the Planned Unit
Development, subdivision, rezoning, growth management exemption for affordable
housing, and the method in which the housing will be provided for the Barbee Property, as
described.
Section 2:
Conditions of Approval:
1. The Land Use action is subject to annexation of the property into the City of Aspen. Failure to
complete annexation within 180 days of this approval shall render this land use action void,
unless the timeframe is extended by City Council.
2. Following annexation, but within 180 days after final land use approval by City Council and
prior to applying for a Building Permit, the applicant shall record a Final PUD/Subdivision
development plan. This plan shall include all necessary plat requirements of the City
Engineer including site plans, grading plans, utility plans, any physical improvements
required to mitigate for additional air quality impacts as determined by the City
Environmental Health Department, all utility easements, architectural plm~s and elevations,
and a landscape plan.
3. Within 180 days after final approval by City Council and prior to applying for Building
Permit, the applicant shall record a PUD/Subdivision Improvements Agreement binding the
property, the Barbee Subdivision, to this development approval. The Agreement shall
describe all subdivision and PUD improvements, requirements, restrictions, and
maintenance, and shall provide financial assurance to the City for said improvements and the
success of the site landscaping for a period of two (2) years after installation. The agreement
shall be reviewed concurrently with the final plat and approved by the City Attorney prior to
recordation. The PUD/SIA will be modified to ensure that trail access and temporary
construction access will be allowed as necessary.
4. That the following description ofeach lot's development provisions be included in the fmal
ordinance:
__, e,,esIIIIIII IIIII IIIIII IIII IIIIIII IIII IIIIII III IIIII fill IIII
Page 2
433968 08/02/1999 10:0111 ORDZNI:INC DlqVl$ SZLV!
2 =f 9 R 45.00 D 0.Q0 N 0,00 PITKZN COUNTY CO
Requirements Common to Entire Develonment
Lot Dimensions: As represented on Final Plat.
Minimum distance between buildings: 10 Feet.
Maximum height: 25 Feet.
Building Envelope: No development other than approved landscape
materials on natural Fade, utilities, approved access
ways, and approved driveways may occur outside of
the building enyelope, as represented on the final plat
and within the setbacks.
Minimum percent open space: No requirement.
Lot 1 (existin~ Free-Market)
Zone District: R- 15/PUD
Allowable Floor Area: 4,500 s.f.
Setbacks:
Minimum front yard: 10 feet.
Minimum rear yard: Varies, refer to building envelope on final plat.
Minimum side yards: North and East sides 10 feet each.
Lot 2 (Free-Market)
Zone District: AH1/PUD
Allowable Floor Area: 4,500 s.f.
Setbacks:
Minimum front yard: 10 feet.
Minimum rear yard: 60 feet,
Minimum side yards: I0 feet.
Lot 3 (Free-Market)
Zone' District: AH 1/PUD
Allowable Floor Area: 4,500 s.f.
Setbacks:
Minimum front yard: 10 feet.
Minimum rear yard: 50 feet.
Minimum side yards: 10 feet.
Lot 4 (Free-Market)
Zone District: AH1/PUD
Allowable Floor Area: 4,500 s.f.
Setbacks:
Minimum front yard: 10 feet.
Minimum rear yard: . 50 feet.
Minimum side yards: 10 feet.
Lot 5 (resident occunied)
Zone District: AH1/PUD
Allowable Floor Area: 2,575 s.f. as measured pursuant to City Zoning.
Maximum Gross Floor Area: Pursuant to APCHA Guidelines for RO Units.
Setbacks:
Minimum front yard: 10 feet.
Minimum rear yard: Varies, refer to building envelope on final plat.
Minimum side yards: North 10 feet; South 15 feet.
Ordinance No.__ Serie, 1999IIIIIII IIIII IIIIII IIII IIIIIII IIII IIIIII III IIIII IIII IIII
Page3 433968 08/02/1999 19:811 ORDZNI;INC DI:IVTS SILV!
3 o( s R 45.ee o e.e9 S 9.ee PITKzN COUNTY CO
Lot 6 (resident occunied)
Zone District: AH1/PUD
Allowable Floor Area: 2,575 s.f. as measured pursuant to City Zoning.
Maximum Gross Floor Area: Pursuant to APCHA Guidelines for Re Units.
Setbacks:
Minimum front yard: 10 feet.
Minimum rear yard: Varies, refer to building envelope on final plat.
Minimum side yards: 10 feet.
Lot 7 (resident occupied)
Zone District: AH1/PUD
Allowable Floor Area: 2,575 s.f. as measured pursuant to City Zoning
Maximum Gross Floor Area: Pursuant to APCHA Guidelines for Re Units.
Setbacks:
Minimum front yard: I0 feet.
Minimum rear yard: Varies, refer to building envelope on fmal plat.
Minimum side yards: North 10 feet; South varies; refer to building envelope.
Lot 8 (cater,err unit)
Zone DiStrict: AH1/PUD
Allowable Floor Area: 1,400 s.f. plus a 500 s.f. basement.
Setbacks:
Minimum front yard: 35 feet from southern-most lot line.
Minimum rear yard: 10 feet.
Minimum side yards: east 0 feet; west 9 feet.
Lot 9 (cate~'orv unit)
Zone District: AH1/PUD
Allowable Floor Area: 1,400 s.f. plus'a 500 s.f. basement.
Setbacks:
Minimum front yard: 27 feet.
Minimum rear yard: 10 feet.
Minimum side yards: east 7 feet; 0 feet.
Lot 10 (category unit)
Zone District: AH1/PUD
Allowable Floor Area: 1,400 s.f. plus a 500 s,f. basement.
Setbacks:
Minimum from yard: t4 feet.
Minimum rear yard: 10 feet.
Minimum side yards: east 0 feet; west 7 feet.
Lot 11 (eate~,orv unit)
Zone District: AH1/PUD
Allowable Floor Area: 1,400 s.f. plus a 500 s.f. basement.
Setbacks:
Minimum front yard: 6 feet.
Minimum rear yard: 10 feet.
Minimum side yards: east 14 feet; west 0 feet.
Ordinanee No. _, series ,999IIIIIII IIIII IIIIII IIII IIIIIII IIII IIIIII III IIIII IIII IIII
Page4 433963 08/02/1999 10:0111 ORDXNRNC DI1VXS SXLVX
4 o~e 9 R 45.ee D e.ee U e.ee PITKIN COUNTY CO
Lot 12 (shared access oareel)
Zone District: AH1/PUD
Allowed Uses: 10 carport parking spaces, Wash, snow storage; uses accessory
to use of residential lots. Residential use shall require a
substantial PUD amendment.
Allowable Floor Area: 10 covered carports in two structures as represented on final
plat.
Setbacks: As represented on final plat.
Trash access area: Minimum 10 feet wide, unobstructed.
Conservation Parcel
Zone District: Conservation
Allowed Development and Uses: Uses allowed in the Conservation Zone District and allowed
pursuant to the Deed of Conservation Easement. Uses and
development necessary for community health and safety
reasons may occur on this parcel.
5. The City shall accept title to the "conservation parcel" only after the City Attorney has
reviewed all aspects of the Bargain and Sale Deed, the Deed of Conservation Easement, and
is satisfied that no inordinate liability issues exist with respect to prior mining activities on
the parcel. To satisfy this concern, the City may require areas of mining activity to be
mitigated, or otherwise properly treated, or a legal instrument indemnifying the City prior to
/~-..,, conveyance. In the event that title cannot be conveyed to the satisfaction of the City
Attorney, then a trail easement will be conveyed and allowed in the Conservation Area.
--- 6. Rep~a~ementafterdem~~iti~n~ftheexistingsing~e-fami~yresidence~nL~t#~sha~~require
a GMQS Exemption pursuant to Section 26.100.050, as amended.
7. The Home Owners' Association, or similar entity responsible for Lot#12, the common
access way, shall install a stop sign at the exit of the access way at Such time determined
necessary for public safety by the City Engineer.
8.Access to Lots 3 and 4 shall be via the shared access easement as d~scribed on the final plat.
The City Engineer shall issue only one curb cut permit between these two lots.
9. All Lots are subject to the City's Residential Design Standards, as amended. Lot #1 shall be
subject to the provisions of the Landscape Guidelines, as proposed in Exhibit B of the draft
SIA upon redevelopment of the Lot. All other aspects of the City's Residential Design
Standard, as mended, will apply.
10. For purposes of calculating the fee-in-lieu of school land dedication, the building permit
application for each lot shall include an appraisal of the lot's fair market value. The City
shall retain the right to concur with the fair market value represented by the owner or obtain
a third party appraisal performed by an agreed upon real estate appraiser at the sole cost of
the lot owner.
11. Prior to issuance of a Building Permit for an individual lot, the School Land Dedication Fee
shall be paid in full pursuant to the regulations in effect at the time of building permit
issuance.
12. Prior to recordation of the final plat, an air quality mitigation plan shall be submitted to the
City Environmental Health Department for approval. Physical improvements to the site
required for mitigation shall be delineated on the final plat.
ordinance No._ series 1999IIIIIII IIIII IIIIII Illl Illllll Illl IllIll Ill IIIll IIII IIII
Page5 433968 08/02/1999 10:91A ORDZNI:INC DARTS 9ILVZ
5 .f 9 R 45.09 D 9.09 N 0.00 PZTKZN COUNTY CO
13. A Building Perm{t application for any and all lots shall include a fugitive dust mitigation
plan for review and approval by the City Environmental Health Department,
14. Prior to issuance of a building permit for each lot, the applicant shall gain the necessary
permits from the appropriate department for any fireplaces or wood burning devices.
15. Construction activity is limited to the hours between 7 a.m. and 7 p.m., Monday through
Saturday. No Sunday construction activity will be permitted. Exceeding the City Noise
Ordinance may result in a stop work order.
16. The applicant shall provide a street light near the vehicular entrance to the development.
The standard for this light shall be reviewed and approved by the City Engineer. All exterior
lighting, including street lights, shall be downcast, sharp cut-off, and not used to accentuate
landscape or architectural features of the development. No exteriorup-lighting is permitted.
No exterior floodlights are permitted.
17. The Community Development Dept. shall assign street addresses as follows: Lots 2-4 shall
receive numbers with a Garmisch Street address; Lots 5-11 shall receive numbers with a
Dean Street address.
18. The applicant is strongly encouraged to protect the existing shed north of the existing
parking pad (approximately Lot 4 of Block 5). The structure could be preserved
permanently on-site as a cultural landscape feature, preserved temporarily on-site until
development and moved to a receiving site, or the facades could be incorporated into the S.
Garmiseh Street side of the carport structure. If preserved for storage use, its FAR shall be
exempt.
19. Prior to the issuance of a Certificate of Occupancy for the duplex units, six (6) street trees
shall be planted along the S. Garmiseh Street R.O.W or Midland Trail in locations approved
by the City Forester considering the storage of plowed snow. These trees shall be three-
inches or greater in caliper if deciduous or at least six feet in height if coniferous.
20. Prior to applying for a Building Permit forthe Affordable Housing units, the applicant will
be required to gain approval for a line extension and a Collection system agreement from the
Aspen Consolidated Sanitation District. For the duplex units, a shared service agreement
may be required. There exists a possibility that gravity service from Lots 5-7 will require a
pump system; if so, its design must be approved by ACSD and the City Engineer.
21. Prior to issuance of a Building Permit for any lot, adequate silt fencing shall be erected to
ensure that no sediment-loaded drainage will be leaving the property during construction.
This fencing shall remain in place until a Certificate of Occupancy is issued for the
respective lot.
22. Prior to applying for a Building Permit for any lot, the applicant shall complete and record
an agreement to join any future improvement districts for the purpose of constructing
improvements which benefit the property under an assessment formula. This agreement can
be recorded with the plat and SIA documents.
23. Building Permit applications for any and all lots shall include payment of a $50.00 per
project fee in lieu of digital submission requirements.
24. Any work within public rights-of-way shall gain approval from the appropriate City
Department. This includes, but is not limited to, approval for a mailbox and landscaping
from the City Streets Department.
IIIIIII IIIII IIIIII IIII IIIIIII IIII IIIIII III IIIII IIII IIII
Page6 433968 68/82/1999 16:01gl ORDINiINC DI1VIS $ILVZ
6 o( 9 R 45.09 D 8.88 N 0.00 PITKIN COUNTY CO
25. The applicant shall record the Planning and Zoning Resolution with the County Clerk and
Recorder.
26. That the final "mix'? of categories shall be as follows, and conditioned as follows:
a) The project shall consist often (10) new residential units. Three (3) shall be
free-market units of no more than three (3) bedrooms each. Three (3) shall be RO
Lots (at a price not to exceed $130,000), each for the purpose of a single-family
residence of no less than three (3) bedrooms. Four (4) shall be Category 4 three-
bedroom units constructed and conveyed pursuant to APCHA Guidelines. The mix
is summarized in the table below.
b) At or near completion of the CategOry duplex units, the applicant shall meet with
the Aspen/Pitkin County Housing Authority to review the costs of the project and
determine whether there will be an opportunity for the Housing Authority to "buy-
down" the Category designations of the Category Units and the RO Lots or Units to
a lower Category prior to conveyance.
c) Prior to the issuance of any Building Permit on the Free-Market and RO units,
the four Category units must have received their Certificate of Occupancy (CO's)
aud the RO lots will be conveyed to a qualified buyer.
Summary Table
Units % Bedrooms
Total Free-Market Units: 3 30% 9 30%
Total RO Units: 3 30% 9 30%
Total Category Units: 4 40% 12 40%
Total: 10 100% 30 100%
Total Free-Market Bedrooms = 30%
Total RO/Category units = 70%
Total Category units = 40%
Total RO units = 30%
27. That the language of these conditions as finally approved by the appropriate authority be
printed on the cover sheet of the building permit set of plans and all other sets made for the
purpose of construction.
28. That the applicant shall be required to provide the contractor with copies of all P&Z, GMC, and
City Council resolutions and ordinances applicable to this project. The contractor must submit
a letter as part of the building permit application indicating that cunditions of approval are
known and understood.
29. That a Parking Management Plan be submitted for staff' s review and approval prior to the
Building permit application which will address the phasing, staging, and construction parking
on the site.
30. All material representations made by the applicant in the application and during public
meetings with the Planning and Zoning Commission, the Growth Management Commission,
and the City Council shall be adhered to and considered conditions of approval, unless
otherwise amended by an entity having the authority to do so.
ord ,e No. _. se,i,, 1999 IIIIIII IIIII IllIll Illl IIIIIll Illl IllIll Ill Illll Illl Illl
Page 7 433968 98/02/1999 19:611 ORDINRNC DRVI6 SILVI
T o{r 9 R 45.00 D 9.00 N 0.e0 PITKIN COUNTY CO
Section 3:
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 Barbee application as approved by this Ordinance, 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 fights of referendum and judicial review;
except that the period of time permitted by law for the exercise of such rights shall not begin to
mn until the date of publication provided for in Section 26.52.080021)
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 4:
This Ordinance does hereby waive the park development fee, finding that the conveyance of
the Conservation Parcel as described in the site specific development plan adequately
addresses the need for open space.
Section 5:
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
mended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 6:
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 .iurisdiction, such portion
Page 8
8 o~¢ 9 R 45.~ 0 9.~ H 0,08 pZTKZN COUNTY CO _
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 7:
That the City Clerk is directed, upon the adoption of this ordinance, to record a copy of this
ordinance in the office of the Pitldn County Clerk and Recorder.
Section 8:
A public hearing on the Ordinance was held on the 12th day of April, 1999 at 5:00 PM in
the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) 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 22nd day of March, 1999.
Approved as to form: Approved as to content:
j
~/7/~ loh~nnett, Mayor
~ Clerk
~;~
· FINALLY, adopted, passed and approv.,e4 ~.ts.;212~ d~yofApril 1999.
Approved as to form: jl.; i&~'ontent:
l Benneff, M~yo~
IIIIIII IIIII IIIIII IIII IIIIIII IIII IIIIII III IIIII IIII IIII
433968 O8/92/1999 10:61R ORDI'NRNC DRV'rS SZLVZ
9 o~ 9 R 45.O9 D e,oe N e.ee PZTKZN COUNTY CO