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HomeMy WebLinkAboutordinance.council.011-13 ORDINANCE NO. 11 (SERIES OF 2013) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A PUD- OTHER AMENDMENT AND SUBDIVISION-OTHER AMENDMENT FOR LOTS 1 AND 2 OF THE MOSES LOT SPLIT SUBDIVISION, COMMONLY DESCRIBED AS 605 AND 675 S. ALPS ROAD, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel IDs: 273718256003 and 273718256001 WHEREAS, the Community Development Department received an application from S. Alps Road LLC and Icie Jackson LLC (Applicant), represented by Alan Richman of Alan Richman Planning Services, requesting approval of an 8040 Greenline review from the Planning and Zoning Commission and approval for PUD-Other Amendment and Subdivision—Other Amendment by the City Council; and, WHEREAS, the Applicant requests 8040 Greenline review to build an addition to the residence located on 675 S. Alps Road, PUD-Other Amendment to amend the individual floor area allowances for Lot 1 and 2 of the Moses Lot Split but not increase the total floor area granted to the two lots, and Subdivision-Other Amendment to adjust the lot lines between the two lots; and, WHEREAS, as part of the application, Applicant offers to extinguish a Historic Transferable Development Right (TDR) on Lot 2; and, WHEREAS, the Aspen Community Development Department reviewed the proposed 8040 Greenline review and PUD—Other Amendment and recommended approval with conditions to the Planning and Zoning Commission; and, WHEREAS, during a meeting on February 19, 2013 the Planning and Zoning Commission opened a duly noticed public hearing to consider the proposal and approved an 8040 Greenline review as well as a recommendation of approval for PUD-Other Amendment for City Council by a four to zero (4-0) vote, via Resolution No. 5 (Series of 2013); and, WHEREAS, the Aspen Community Development Department reviewed the proposed PUD—Other Amendment and Subdivision-Other Amendment and recommended approval with conditions to the City Council; and, WHEREAS, during a meeting on April 22, 2013 the City Council opened a duly noticed public hearing to consider the proposal and approved a PUD-Other Amendment and a Subdivision—Other Amendment by a four to one (4 - 1) vote; and, WHEREAS, the Aspen City Council finds that the development proposal meets or exceeds all the applicable development standards and that the approval of the development proposal, with conditions; 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 OF ASPEN CITY COUNCIL AS FOLLOWS: RECEPTION#: 604870, 10/21/2013 at City Council 12:30:19 PM, Ordinance No. 11, Series 2013 1 OF 5, R $31.00 Doc Code ORDINANCE Page 1 of 5 Janice K. Vos Caudill, Pitkin County, CO Section 1: Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Aspen City Council hereby approves a PUD — Other Amendment to amend the allocation of the individual Floor Area allowances for Lot 1 and 2 as well as a Subdivision - Other Amendment to amend the size and boundaries of Lot 1 and 2. A. Floor Area and Lot Size. The City Council approves the change in the size of Lots 1 and 2 (as submitted with this application) and approves the amended Floor Area allowance for each lot as noted in the table below. A building envelope has been established for Lot 2. All other applicable dimensional standards shall meet the underlining zone district requirements. Lot 1 Lot 2 Maximum Floor Area 3,000 5,800 Minimum Lot Size 15,072 54,762 B. TDR Extinguishment. As part of the land use application, the Applicant has offered and the City has accepted the extinguishment of one Historic Transferable Development Right (TDR) as part of the PUD Amendment on Lot 2. The TDR shall be extinguished prior to the issuance of a building permit to construct the residential addition approved through this ordinance and Planning and Zoning Commission Resolution No. 5 (Series of 2013) for Lot 2; however, the extinguishment of the TDR shall not increase the maximum allowable floor area of Lot 2. Section 2: Plat and Allreement The Applicant shall record a subdivision/PUD plat that meets the requirements of Land Use Code Section 26.445.070, Recording a Final PUD Development Plan, within 180 days of approval by City Council. A subdivision agreement is not required. The plat shall be recorded prior to the submission of a building permit application. The building envelope for Lot 2 shall be amended to contain the existing footprint of the building, proposed addition, and existing hardscape improvements to the lot such as retaining walls, etc. so that the requirements of Section 26.575.110, Building envelopes, are met. The plat shall include the enlarged trail easement for the Ajax Trail as outlined in the pre- annexation agreement between the City and Applicant. As a result of minor and non-material discrepancies in survey boundaries for the area in and around the property of Applicant, there appears to be overlap between the Applicant's property boundary and the adjacent property boundary of the Aspen Chance Subdivision. The Applicant agrees to accept the the Aspen Chance plat. Thus, the final plat recorded pursuant to this development shall reflect the boundaries set forth in the Aspen Chance plat. A plat note shall reflect the basis of the change. City Council Ordinance No. 11, Series 2013 Page 2 of 5 Section 3: 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's design shall also be compliant with the Urban Runoff Management Plan. The application shall meet the mitigation requirements of the Mud and Debris Flow Analysis prepared by Tetra Tec, Inc., dated August 29, 2012 and provided in Exhibit D of the staff memo reviewed by the Planning and Zoning Commission dated February 19, 2013. Additionally, Applicant shall meet the terms and conditions of the Indemnification and Land Use Process Agreement for Lot 2. Section 4: Fire Mitittation All codes adopted by the Aspen Fire Protection District shall be met per building permit. Section 5: 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 6: 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 7: Exterior Liahtin 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 8: Impact 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 9: 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 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 this Ordinance and Planning and Zoning Commission Resolution No. 5 (Series of 2013). 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. City Council Ordinance No. 11, Series 2013 Page 3 of 5 d. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which meets adopted City standards. e. A construction management plan (CMP) pursuant to the Building Department's requirements. f. A fugitive dust control plan to be reviewed and approved by the Environmental Health Department. g. Accessibility and ADA requirements shall be addressed to satisfactorily meet adopted building codes. Section 10: Vested Rights The development approvals granted pursuant to Planning and Zoning Commission Resolution Number 5, Series of 2013 and herein 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 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 1 and 2 of the Moses Lot Split Subdivision and commonly known as 605 and 675 S. Alps Road, City of Aspen, CO, by Ordinance No. 11, Series of 2013, of the Aspen City Council. Section 11: 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, 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 12: This resolution 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 13: If any section, subsection, sentence, clause, phrase, or portion of this resolution 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. City Council Ordinance No. 11, Series 2013 Page 4 of 5 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 14: A public hearing on this ordinance shall be held on the 22nd day of April, 2013, 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 shall be 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 181"day of March, 2013. Attest: '&0 A&A /w A► : raw Kathryn S. ch, City Clerk MicTi7el . Ireland,Ma or FINALLY, adopted, passed and approved this 22nd day of April,2013. Attest: /a hJ tf Kathryn S.�och, Cify Clerk Michael C. I eland, Mayor ' Approved as to form: James R. True, City Attorney City Council Ordinance No. 11, Series 2013 Page 5 of 5 AM Name: 9013526D LEGAL NOTICE ORDINANCE NO.11 (Series 012013) Customer: Aspen (LEGALS) City of AN ORLQI TS I CE OF THE CITY OF ASPEN AND 20F THE MOSES LOT S D SUBDIVISION-OTHER PLIT SUBDIVISION,COMMONLY ESCRBED AS 605 AND 675 S.ALPS ROAD,CITY OFA PEN, FOR PITKIN COUNTY,COLORADO. Your account number: 1013028 Parcel 1De:273718256003 and 27VIK56001 WHEREAS/he Community Development Department,eceived an application from S.Alps Roatl LLC and lc,.Jackson LLC(Applicant),represented by Alan Richman of Alan Richman Planning Services, questing approval of an 8040 Greenline review from the Planning and Zoning Gommisson and approval for PUD-Other Amendment antl Subdivision-0ih.r Amendment by the City Council;and WHEREAS,ihe Applicant requests 804o Greenline review to build an addition to the residence located on 675 S.Alps Roatl.PUD-Other Amendment to amend PROOF OF PUBLICATION the individual floor area a lowances for Lot t and 2 of the Moses Lot Split but net increaa.the total floor area granted to the two lot..and Subdivision-Other Amendment to adjust the lot lines between the two lots and. WHEREAS,as part of the application,Applicant offers io e,mguish a Historic Transferable Development Right(TDR)on Lot 2.and, WHEREA with Aspen Community Development Department reviewed the Proposed 8040 Greenline review and PUD-Other Amendment and recommanded approval Th conditons to the Planning and Zoning Commission.and WHEREAS,duri g a easing on February 19,2013 the Planning and Zoning Commission op nod a duly noticed public hearing to consider the proposal and.p- in 5(Stir ea of 2063.review as well as a recommendation of approval br PUD-0her Amendment for City Council by a four to zero(4.0)vote,via Resolu- WHEREASie Asp.1211.1), n Go mm unity D.vslopm t Department reviewed the proposed PUD-Other Amendment and Subdivision-Other Amendment and mended approval with conditions to the City Council;antl, WHERE"'ong a meeting on April 22,2013 the City Council opanetl a duly noticed public hearing tc consider the proposal and approved a PDD- Other Amendment antl a Subdivision her Amendment by a--to—(_-�vote.and, WHEREAS,the Aspen City Council finds that the development proposal masts or exceeds all the applicable development standards and that the approval of the development proposal,with conditions',and un . WHEREAS,the City Council find.that this ordinance furthers and Is necessary for the promotion of public health safety,and welfare. NOW,THEREFORE,BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL AS FOLLOWS: ction STATE OF COLORADO, Pe.,,1 A,,rap V�dur..and standard,set forth m Tide 26 of the Aspen to amend the allocation of the individual Floor Area allowances for Lot lantl 2uas well as aeSubdMedo GOthet Amlendment to armend the ae-Other nd b...do,,,of Lot 1 and 2. COUNTYOF PITKIN A Floor Area and Lot S@a:City Council approves the change in the size of Lots 1 and 2(as submitted wish Ihis a pllcation)and approvaa the amended r Area allow.. for each lot as notetl In the table below.A building envelope has been established for Lot 2.All other applicable dimensional standards shall meet the underlining zone district requirements. Lot 1 Lot 2 Maximum Floor Area 3,000 5,800 1,Jim Morgan, do solemnly swear that I am General Minimum Lot Size 15,072 54,762 B.TDR E.bn.uishmentAa pan of the land use application,the Applicant has offered and the City has accepted the extinguishment of one Historic Transferable Development Right(TDR DR)as part o1 the PUD Amendment on Lot 2.The TDR shall be extinguished prior to the issuance of a building permit to conslrucl the Manager o the PEN TIMES WEEKLY, that residential addiho.a d through this ortlinance antl Planning and Zoning Commission Resolution No.5(Series of 2013)for Lo,2;however,the exhngui.hman,of the TOR shall not increase the maximum allowable floor area of Lot 2. the same weekly newspaper printed, in whole or in 5.dien2:PlatendA .nt e pp icanTh A 1 t shall cord a subdivision/PUD plat that meals the requirements of La Use Code Section 26.445.0]0,Recording a Final PLO D ebpment part and published in the County of Pitkin, State of Plan,vii hin 180 days approve by Ciry Council.A subdivision agreement Is not required.The plat shall be recorded pnor,p the submission of a building permit application. The building envelope for Lot 2 shall be amended to contain the existing footprint of he builtling,proposed addition,and existing hardscape improvements to the Colorado, and has a general circulation therein' that lot such as retaining walls,etc,so that the requirements of Section 26.N.1 10 Building anv.!.p..are met. The plat shall:muds the enlarged trail easement for the Ajax Trail as outlined m the preannexation agreement between the City antl Applicani. said newspaper has been published continuously and Asa result of minor and non-material discrepancies In survey boundaries for the area In and around the property of APplicanl there appears be ovedap between the Applicant's party boundary and the adlacant property boundary of the Aspen Chance Subdivision.The Applicant agrees to accept[he[he As e uninterruptedly in said County of Pitkin for a period CIE I,he change find plat recorded pursuant 10lhia development shall reflect the bounds s set forth in the As Chance plat.A plat note shall re�e c Sect 3 a na o more than fifty-two consecutive weeks next prior The Aepplic nt's designshall be compbant with a l sections of the City of Aspen Municipal aIn Cotle,Title 21 and all construction antl excavation standards published mitigation Engineering spade nL The AyplicanFl design shall also be compliant with the Urban Runoff Management Plan,The application shall meet,. mitigation requirements of the Mud and Debris Flow Analys prepared by Tatra Tec,Inc.,dated August 29,2012 and provided in Exhibit D of the staff memo to the first publication of the annexed legal notice or reviewed b 1h Planning and zoning Commission Gated February 19 2013.Additionally,Applicant shall meet the term,and conditions of the Indemnification and Land Use Process Agreement for Lot 2. advertisement. Section 4'Fire Mib to All cotles adopted by the Aspen Fir.Protection District shall be met per building permit. Section 5:U0litiea The Ap t s comply with the City of Aspen Water System Standards,with Title 25,and with me applicable standards of Title 8(Water Conservation and Plumbing Advisory Code)of he Aspen Municipal Code.a required by the City of Aspen Water Department.Utility placement and design shell meet adapted The Aspen Times is an accepted legal advertising City of Aspen standards. Section 6-Sanitation District Raau'rsm to medium, only for jurisdictions operating under 3 ry 'Orion'enl 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 fee muss bs paid prior to ma issuance of a building permit. Colorado's Home Rule provision. alStiN"rio;lEh�rle„�rlerM m'� ig -rig shall t the requirements of Na City's Outdoor Lighting Code pursuant to Land Use Cotle Section 26.575.150,Outdoor lighting, e Seq ' ds Dd' d F -L' The lcant shall pay all Impact lees and the school lands detlication fee-in-lieu assessed at the time of building permit application submittal and paid at building permit,ssuance. That the annexed legal notice or advertisement was Section.Bull d'n Permtt Ap01'eaT Th.mpplic t.th Amolic t', eneral ConUactor,iha Architect that produced the construction drawings.and representatives from the Building Deop dent, Gom u try De I pe t Department and any other person deemed necessary by h Ciry Shan a,eend a meeting p io 510 the submission of any ems f Building published in the regular and entire issue of every P rmil for Subl ct Forced,Thep rpp of the meeting shall be to ensure clarity relative to,he submission mqu-me is,the req i ante of hin Otdinance,tim dndmes for proc.sing Building Permits,and any other issues raised by any parry.The building perm::application shall include he following: number of said daily newspaper for the period of 1 a.A copy of Ihis Ordinance and Planning and Zoning Commission Resolution No.5(Series of 2013). L The conditions of approval printed on the cover page of the building permit set. consecutive insertions-,and that the first publication I.A completed tap permit forservice with he Aspen Consolidated Sanitation District. of said notice was in the issue of said newspaper d.A drainage plan,Including an erosion control plan,prepared by a Colorado II...sed Civil Engineer,which meet,adopted City,sentence. s,A construction management plan(CMP)pursuant to the Building Dep,M.,Vs req,,,.m.nt,. dated 3/28/2013 and that the last publication of ,.A fugitive dust control plan to be re,,,,ad and approved by the Environmental Health Department, g,Accessibility,and ADA requirements shall be addressed to satisfactorily meet adopted building code,. said notice was in the issue of said newspaper dated Section lb:YeatadRnhh 3/28/2013• TI thhv13)year::aura the Itlate ott saoance o11he development.,ding Commission Resolution Number 5,Series of 2013 and herein shall be vested for a period No later than foudean(14)days following the final approval of all reaulsite reviews necessary to obtain a tlevelopmeni order asset forth in this ordinance,the Ciry Clerk shall cause,o ba pubkshetl in a newspaper of general circulation within the jurisdictional boundaries of the Ciry of Aspen,a notice advising th e 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 i.the fallowing form'. In witness whereof,I have here unto set my hand Notice is hereby given to the general public of me approval of a vested property right,p nt to he Land Use Code of the City of Aspen and Title 24.Artid.68 Colorado Revised Statutes..pertaining to the following described property Lots 1 antl 2 of the Moses Lai Split Subdivision and commonly known as 605 and 675 this 03/28/2013. S.At Roatl,Ci Aspen,C0 by Ordinance No–San.of 2013 of the Aspen City Council. Sac Tt 11: �repr emahtions and commitments made by the Applicant omm,ss,t d the tlea'pment proposal approvals as herein awarded whether in public hearing or documentation fu sensed before the Planning antl d y C m.. r hereby incorporated in such plan development approvals and the same A shall be complied with art fully set forth herein,unless amended by an authorized entity. This r s ludo.shall not effect any existing Iitigatlon 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 poor ordinances. t IS any section,subsection,sentence.clause,phrase,or portion of this resolution is for any reason held Invalid or unconstitutional In a court of competent Jim Morgan,General Manager jurisdiction,such portion shall be deemed a separate,distinct and independent provision and shall not affect the validity of the remaining Pu usis 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 14: A ppuu Iii 1T—mg on this ordinance shall be held on the 22nd day of April,2013,at a meeting of the Aspen Clry Council commencing at 5.00 p.m.m the Ciy Council Chambers,Aspen City Hall,Aspen,Colorado.a minimum of fifteen days pncr to which hearing a public notice of the same shall be publish ad in a Subscribed an sworn to before me,a notary public newspaper ofgeneral circulation within the City of Aspen. in and for the County of Garfield,State of Colorado INTRODUCED,READ AND ORDERED PUBLISHED as provided by law,by the City Council of the City of Aspen on the 18th day of March,2013, Michael C.Ireland,Mayor this 03/28/2013. ATTEST Kathryn S.Koch,City Clerk Published o the Aspen Times Weekly on March 28,2013.(9013526) Mary E.Borkenhagen,Notary Public %111 y/,,�Commission expires:September 12,2015 3�P' N0Tgg4'.9Ts N P Z y„�afunnmtoq`jJ�b FaPf1t1S�'