HomeMy WebLinkAboutordinance.council.034-00 ORDINANCE NO. 34
(SERIES OF 2000)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN
APPROVING THE ASPEN GOLF AND TENNIS CLUB/TRUSCOTT HOUSING
FINAL PLANNED UNIT DEVELOPMENT, SUBDivIsIOn, ~ZONING, AND
EXEMPTIONS FROM THE ScoRING AND COMPETITION PROCEDURES
OF THE GROWTH MANAGEMENT QUOTA SYSTgM.
WHEREAS, the Community Development Department received an application
(the application) from the City of Aspen and the AspergPitkin County Housing Authority,
applicant, for a Final Planned Unit Development (PUD) approval, Subdivision approval,
Rezoning approval, Special Review for parking, Residential Design Standards Review,
Crrowth Management Quota System exemption for reconstruction commercial square
footage, and an affordable housing exemption from the scoring and competition
procedures of growth management for redevelopment of the Aspen Golf Course parking
lot, golf support areas, anad Truscott Affordable Housing to include additional affordable
housing and recreational facilities on land Currently described as Lot #1 and Lot #2 of the
Aspen Golf Course Subdivision, parcel numbers 2735-111-09-702 & 2735-111-09-001,
including land within said Subdivision described as "golf course support area;" and,
WHEREAS, pursuant to Aspen City Council Resolution No. 41, Series of 2000,
the Truscott Affordable HOusing and Aspen Golf and TenniS Club project (the project)
was granted Conceptual PUD approval; and,
WHEREAS, the Conceptual PUD approval considered three phases of housing
development with the specific understanding that the third Phase is not expected to occur
until 2006 and that the Conceptual approval allowed for a Final Development Plan to be
submitted for said third phase at anytime, combined with the Final PUD application or as
a separate application, including beyond the one year limitation of Conceptual approvals;
and,
WHEREAS, the application inclUdes only the first and second phases of
residential development and the third phase, to be located on proposed Lot #2 of the
Third Amended Plat of the Aspen Golf Course SUbdivision Plat, shall remain subject to
Final Development Plan approval and subject to City Council Resolution No. 41, Series
of 2000; and,
WHEREAS, pursuant to Section 26.304.060 of the Land Use Code, and in
consultation with the applicant, the Community Development Director has permitted a
modification in review procedures to combine the Special Review for parking and the
Residential Design Standards review with the Planned Unit Development review and the
growth management exemption review for reconstruction of commercial square footage
with the affordable housing growth management exemption review for the purposes of
ensuring economy of time and clarity; and,
WHEREAS, such review procedure modification has not lessened any public
hearing noticing or any scrutiny of the project as would otherwise be required; and,
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WHEREAS, the application was referred to the relevant referral agencies
including the Fire Marshall, Colorado Department of Transportation, USWEST
Communications, the Pitkin County Community DevelOpment Department, Holy Cross
Electric, Aspen Consolidated sanitation District, the Roaring Fork Transit Agency, City
Water Department, Environmental Health Department, City Engineering Department,
Parks Department, and the Building Department; and,
WHEREAS, said referral agencies and the Aspen Community Development
Department reviewed the proposed Final PUD and recommended approval with
conditions; and,
WHEREAS, pursuant to Section 26.304 of the Land Use Code, Final PUD,
Subdivision, Rezoning approval may be granted by the City Council at a duly noticed
public hearing after considering a recommendation by the Planning and Zoning
Commission made at a duly noticed public hearing, relevant referral agencies, the
Community Development Director, and testimony by the general public; and,
WItEREAS, during a regular meeting on June 20, 2000, the Plmming and Zoning
Commission opened the public hearing to consider an overview presentation of the
project and continued the public hearing to July 11, 2000, to consider the project in total
and testimony by the general public, and continued the public hearing to July 18, 2000,
and, by a three to two (3-2) vote, recommended City Council not approve the Final PUD,
Subdivision, and Rezoning of the Aspen Golf and Tennis/Tmscott Affordable Housing
project; and,
WltEREAS, during a meeting on July 25, 2000, the Planning and Zoning
Commission decided to reconsider the denial recommendation and continued the
re6ohsideration hearing t° August 1, 2000; and,
WHEREAS, during a regular meeting on August 1, 2000, the Planning and Zoning
COmmission re-considered the recommendation to City Council and recommended, by a
seven to zero (7-0) vote, City Cotmcil approve the Final PUD, Subdivision, and Rezoning
of the Aspen Golf and Tennis/Truscott Affordable Housing project, subject to conditions
of approval listed hereinafter.
WHEREAS, pursuant to Section 26.304 of the Land Use Code, City CoUncil may
exempt affordable housing in compliance with the Aspen/Pitkin County Hou~sing
Authority Guidelines after considering a recommendation from the Aspen/Pitkin County
Housing Authority and the cormuents offered by the general public at a duly notice public
hearing; and,
WHEREAS, the Aspen/Pitkin County Housing Authority has recommended
approval of the project; and,
WlIEREAS, the Aspen 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 Planning and Zoning Commission, the
Aspen/Pitkin County Housing Authority, the Community Development Director, the
applicable referral agencies, and has taken and considered public comment at a public
hearing; and,
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WltEREAS, the City Council finds that the development proposal meets or
exceeds ail applicable development standards and that the approval of the development
PrOposal, with conditions, is consistent with thb goals and elements of the Aspen Area
Community Plan; and,
WI-IEREAS, the City Council finds that this Ordinance furthers and is necessary
for the promotion of public health, safety, and welfare.
NOW, Tm m vom , IT ova)^r r )BY cITY cotr clI oF
TIlE CITY OF ASPEN, COLORADO as folloWs:
Section 1:
The Truscott Affordable Housing and Aspen Golf and Tennis Club Redevelopment
Pla~med Unit Development, Subdivision, Rezoning, and exemptions from the Growth
Management Quota System are hereby approved, subject to the conditions of approval
listed hereinafter.
Section 2:
The Official Zone District Map of the City of Aspen shall be and is hereby amended by
the Community Development Director to reflect Lots 2, 3, and 4 of the Aspen Golf
Course Subdivision, City of Aspen, as included in the Residential Multi-Family -
Planned Unit Development Housing (RMF-PUD); to reflect a Planned Unit Development
(PUD) Overlay designation on all portions of Lot #1; and, to amend the Golf Course
Support (GCS) Overlay on Lot #1 Consistent with the area described on tHe Third
Amendment Plat of the Golf coUrse Subdivision.
Section 3:
Conditions of Approval:
1. Within 180 days after final approvai by City Council and prior to applying for a
Building Permit, the applicant shall record a Subdivision Plat and Final PUD
Development Plan. The Subdivision plat shall include easements and signature
blocks for any utility mains that are intended to serve adjacent parcels or include
easements to the benefit of any jurisdiction other than the City of Aspen. The Final
PUD Plans shail include an illustrative site Plan, landscape plan, architectural
character plan, a utility plan, a grading/drainage mitigation plan, and an exterior
lighting plan. The PUD Plans shall describe Lot #2 as "Phase Three Housing" and
remaining subject to Final Development Plan approval. The landscape plan shall
include a signature line for the City Parks Director.
2. The applicant shall provide the final approved SUbdivision line data or survey
description data describing the revised subdivision boundaries and the revised Golf
Course Support Area (GCS) Overlay to the Geographic Information Systems
Department prior to applying for a building permit. The final building location data,
including any amendments, shall be provided to the GIS Department prior to
issuance of a Certificate of Occupancy for any of the housing units.
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3. A revised lighting plan shall be approved by the Planning and Zoning Commission
~ and recorded as an addendum to the Final PUD Plans prior to issuance of a building
permit. An appeal of the Commission's decision may be considered by the City
Council.
4. Within 180 days after final approval by City Council and prior to applying for
Building Permit, the applicant shall record a Subdivision/PUD Agreement binding
this property to this development approval. The Agreement shall include the
necessary items detailed in Section 26.445.070, in addition to the following: The
agreement shall state the ownership and maintenance responsibilities of the
common areas of the project. The Agreement shall describe the provisions
applicable to the un-approved Phase #3 of the residential development remaining
subject to Final Development Plan approval. The agreement shall include the
draft construction schedule and shall require approval by the Community
Development Department for any substantial changes to the schedule or areas of
disturbance.
5. The Final PUD approval is subject to approval of an addendum Transportation
Demand Management Plan by the City Council after conducting a joint meting
with the Planning and Zoning Commission and the AsperffPitkin County Housing
Authority Board. Said plan shall describe strategies to reduce automobile usage
that will be implemented by the owner/operator of each individual lot (residential
and recreational), any shared responsibilities, and shall include an amendment
procedure. The Plan shall be approved prior to occupancy of the residential
portion of the development.
6. The applicant shall be required to maintain adequate emergency access to and
within all areas of the site including plowing, if necessary, the access road across the
golf course in a manner determined adequate by the Aspen Fire District and the
Pitldn County Disaster Coordinator. Failure to maintain this access in an acceptable
condition shall result in an immediate stop work order. Any actions required by the
City in reinstating proper access shall be at the sole cost of the applicant. The
primary contractor should be notified of this provision and to any provision of their
service contract that indicates monetary responsibility for reinstating the access.
7. The public trail system shall remain open during construction. Alternate route
designs shall be approved by the City Parks Department and shall be clearly signed.
8. Final trail designs and specifications shall be approved by the City Trail
Coordinator prior to start of construction. Restoration o£trail shoulders and
surrounding vegetation shall be included in the trail designs. Manhole locations
shall not coincide with trails. The trail designs shall coordinate with the Entrance
to Aspen Maroon Creek Bridge pedestrian crossing plans being prepared by
CDOT.
9. The wetlands shall be designed in coordination with the City Parks Department
and the City Engineer to ensure sediment-loaded drainage does not enter Maroon
Creek. The applicant shall be responsible for acquiring any necessary Federal
permits.
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10. The Final PUD plans shall indicate bicycle racks near the clubhouse and tennis
complex, show bicycle rack location near the housing development, and a
drinking fountain near the tennis facility.
11, The applicant shall coordinate utility plans and specifications with the City Water
and Aspen Sanitation District, including manhole locations, in order to schedule
the proposed Fall start date.
12.The building permit application shall include/depict:
a)A letter from the primary contractor stating that the approving Ordinance has
been read and understood.
b)A signed copy of the final Ordinance granting land use approval and a signed
copy of the PUD/Subdivision Agreement.
c) A fugitive dust control plan approved by the Environmental Health Department
which addresses watering of disturbed areas including haul roads, perimeter
silt fencing, daily cleaning of ad.~acent rights-of-way, speed limits within and
accessing the site, and the ability to request additional measures to prevent a
nuisance during construction.
d) A payment for school land dedication in the amount of $5 t,787. Building
permit fees and land use fees shall not be required as those fees are waived by
City Council.
e)A soil and sand interceptor in the cart barn and an oil and grease interceptor in
the restaurant.
13. The recreational parking area shall be routinely cleared of any non-permitted cars.
Accommodation for permitted overflow parking from the Burlingame Seasonal
Housing shall be provided in the recreational parking lot during the winter season
until such time as the overflow parking is moved or is no longer needed.
14. The four drop-offparking spaces within the housing development shall be signed
for "15 minute parking only." No parking shall be permitted along the internal
streets outside of designated parking areas. Both of these provisions shall be
enforced by the housing properly manager.
15. Surface residential parking that becomes available with the completion of the future
Phase Three housing development shall become available as "remote parking" to
the benefit ofinfill development projects and shall not become excess or overflow
parking for Truscott residents.
16. The surface parking lot, as depicted in the final development application and
intended to serve both recreation and residential parking demand, shall be developed
with the flexibility to accommodate the findings of the remote parking study and not
preclude a future partial or full upper deck.
17. The winter season overflow parking obligation for the Burlingame Seasonal
Housing project (expected to be 30-40 cars) shall be accommodates on-site or at
another in kind site thrOugh the construction phases of Truscott. This obligation
shall be noted in the PUD Agreement and any on-site provision shall be noted in the
Construction Management Plan.
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18. The trash containers provided on-site shall be "bear proof," meeting the standards of
Ordinance 13, Series of 1999.
19. During construction, construction staging, contractor parking shall be limited to
the site and areas identified in the Construction Management Plan, appended to
the PUD Agreement. The construction disturbance areas may be amended by the
Community Development Director. The applicant shall encourage contractors to
car-pool and/or use of the daily parking lots at the airport park-and-ride. At no
time shall contractor parking along State Highway 82 be pemfitted.
20. The applicant shall wash tracked mud and debris from the street as necessary, and
as requested by the City, during construction.
21. The applicant shall record the Plamfing and Zoning Resolution with the Pitkin
County Clerk and Recorder located in the CourthOuse P1aza Building. There is a
per page recordation fee. In the alternative, the applicant may pay this fee to the
City Clerk who will record the resolution.
22. Any substantial modification to the architecture of the project or of the exterior
materials shall require review and approval by the Planning and Zoning
Conunission.
Section 4:
Ninety-nine (99) permanently deed restricted affordable housing rental units, as
proposed on the Tmscott site, are hereby exempted from the scoring and
competition procedures of growth management. The reconstruction of net leasable
Commercial square footage in the proposed restaurant and pro-shop is hereby
exempted from the scoring and competition procedures of growth management
conditioned upon the provision of the necessary subsidy to house 7.4 employees in
the Truscott project from the Recreation budget to the Housing budget in a form
agreed to by both parties. The decommissioned restaurant area in the Tmscott 100
building may operate as a commmu/ty meeting area but shall be prohibited from
operating as a commercial venture, excluding any pre-existing leases. No additional
commercial leases or lease extensions shall be approved for this decommissioned
space.
Section 5:
All material representations and commitments made by the developer pursuant to
the development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Community Development Department or the
Aspen 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
other specific conditions.
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.
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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 portions thereof.
Section 8:
That 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.
S~ction 9:
A public hearing on the Ordinance was held on the 14~ day of August, 2000, at 5:00
in the City Council Chambers, Aspen City Hall, Aspen Colorado, fiReen (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 PUBLISItED as provided by law,
by the City Council of the City of Aspen on the 1~ day of August, 2000.
FINALLY, a~p~ed p~scd ~d approved this 14~' day of Au~sL 2000.
~0s. ~h, ci~ C~erk ~che~ ~. mchards, Ma~or
Approvea as to ~orm
City Xlt¢~4
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