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HomeMy WebLinkAboutordinance.council.032-13 RECEPTION#: 603228, 09/05/2013 at 04:13:03 PM, 1 OF 21, R $111.00 Doc Code ORDINANCE ORDINANCE NO. 32 Janice K. Vos Caudill, Pitkin County, CO (SERIES OF 2013) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING WITH CONDITIONS SUBDIVISION-OTHER AMENDMENT, GROWTH MANAGEMENT REVIEW-SUBSTANTIAL AMENDMENT AND COMMERCIAL DESIGN REVIEW APPROVAL-OTHER AMENDMENT FOR 201 NORTH MILL STREET, LEGALLY DESCRIBED AS THE JEROME PROFESSIONAL BUILDING CONDOMINIUM, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel Nos. 2737-073-17-010 through 2737-073-17-028 WHEREAS, the Community Development Department received an application from the owner of the property requesting of the City Council amendments to the entitlements approved via Ordinance No. 25, Series of 2007; and, WHEREAS, the Applicant requires the following land use approvals: Subdivision - Other Amendment, Growth Management Review - Substantial Amendment and Commercial Design Review Approval — Other Amendment to reduce the number of residential units approved for the site and reduce the net leasable commercial/office space as well as other programmatic and architectural features of the building; and, WHEREAS, upon review of the amended application and the applicable code standards, the Community Development Department recommended approval of the application; and, WHEREAS, during a duly noticed public hearing on August 26, 2013, the City Council considered the development proposal under the applicable provisions of the Municipal Code as identified herein, reviewed and considered the recommendation of the Community Development Director, and took and considered public comment at a duly noticed public hearing; and adopted said ordinance, approving with conditions, Subdivision - Other Amendment, Substantial Amendment of a Growth Management Development Order, and Other Amendment to a Commercial Design Review Approval; 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 amendments; 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 OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1: General Development Approval Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves the following land use reviews: Subdivision - Other Amendment, Substantial Amendment of a Growth Management Development Order, and Other Amendment Ordinance No. 32 (Series of 2013) Page 1 of 9 to a Commercial Design Review Approval to amend the approvals granted via Ordinance No. 27, Series of 2008. The amended site specific approval permits the property to be developed with a mixed-use building containing four (4) free- market units, four (4) affordable housing dwelling units and up to 10,376 sq. ft. of net leasable commercial/office space. This approval is vested under the Land Use Code in effect in April 24, 2006, for the remaining vesting period as outlined in Resolution No. 42 (Series of 2009). Section 2: Plat and Agreement The Applicant shall record an amendment to the subdivision agreement that meets the requirements of Land Use Code Chapter 26.480, Subdivision, within 180 days of approval; however, a subdivision plat is not required to be filed. Section 3: Dimensional Requirements Dimensional Requirement Approved Dimensions Minimum Lot Size 12,000 sq. ft. Minimum Lot Width 120 sq. ft Minimum Lot Area/Dwelling N/A Minimum Front Yard Setback 10 Feet Minimum Alternative Front Yard Setback 7 Feet Minimum Side Yard Setback 5 Feet Minimum Rear Yard Setback 5 Feet Maximum Height 32 Feet Floor Area Ratio (FAR) 2:1 or Commercial: 24,000 sq. ft. <.802:1 Affordable >.42:1 Free-Market: <.79:1 Minimum Off-Street Parking 21 spaces** Maximum Unit Size*** 2,000 sq. ft. Notes: * The Mixed-Use zone district requires that the total free-market residential Floor Area on the parcel be no greater than the commercial Floor Area; the standard is met as the commercial net leasable equals over 10,000 sq. ft. while the residential net livable is less than 8,000 sq. ft. ** Four of the parking spaces are required to be provided for the affordable housing units. *** The land use code in 2006 permits a unit to be up to 2,000 sq. ft. in net livable area but does not permit the extinguishment of a Transferable Development Right to increase the unit size Ordinance No. 32 (Series of 2013) Page 2 of 9 Section 4: Affordable Housing All of the affordable housing units shall meet the APCHA Guidelines. The Applicant may choose two purchasers for the affordable housing units that qualify via APCHA's guidelines with regard to top priority. Units shall be for sale units. All units meet the required standards of providing a percentage of the finished floor at or above natural or finished grade. Following are the number and type of units approved. Category Number of Unit Type Minimum Net Units Livable per Unit , 4 3 3 bedroom 1 @1,235 1 @1,291 1 1,278 2 1 3 bedroom 1,098 The Certificate of Occupancy for the free-market portion shall not be issued until the Certificate of Occupancy for all of the deed restricted units have been executed. All deed restrictions shall be recorded coincident with the recordation of a condominium plat and prior to the issuance of the Certificate of Occupancy. One annual membership shall be purchased for the initial residents of each affordable housing unit for the Car to Go program. Additionally, one off-street parking space shall be provided for each unit. Section 5: Buildiniz Permit Application The applicant may not submit a Building Permit Application until the requirements in Land Use Code § 26.304.075.A, Building Permit Application, are fulfilled. The building permit application shall include the following: A. A copy of the Development Order issued by the Community Development Department (see § 26.304.075(A)(2), City of Aspen Municipal Code.) B. A copy of the final City Council Ordinance. C. The conditions of approval shall be printed on the cover page of the Building Permit set. D. A construction management plan (CMP) and drainage report pursuant to Engineering and Building Department requirements. E. Accessibility and ANSI requirements shall meet adopted Building Code requirements. Section 6: Engineering Final 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 inclusive but not limited to the Urban Runoff Management Plan Requirements (URMP) construction management and excavation stabilization requirements. The development will coordinate its plans with the engineering department on its Mill Street Complete Street project. Further design detail is required prior to building permit submission for the engineering Ordinance No. 32 (Series of 2013) Page 3 of 9 department to determine whether the sidewalk on Bleeker Street may be attached, detached or a combination of the two options. Section 7: Fire Mitigation All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Stand Pipes for fire protection need to extend into the basement. Service size needs to account for the required fire flows. The alley size needs to accommodate aerial fire truck access for a minimum width of 20 feet or as otherwise approved by the Fire Marshal. Section 8: Water Department Requirements 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. Each of the units within the building shall have individual water meters. Section 9: Sanitation District Requirements A. Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. B. On-site utility plans require approval by ACSD. C. Oil and Grease interceptors (NOT traps) are required for all food processing establishment; Locations of food processing shall be identified prior to building permit; even though the commercial space is tenet finish, interceptors will be required at this time if food processing establishments are anticipated for this project. D. Oil and Sand separators are required for parking garages and vehicle maintenance establishments. Driveway entrance drains must drain to drywells. Elevator shafts drains must flow thru o/s interceptor. E. Old service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements. Below grade development may require installation of a pumping system. One tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single, service line. Permanent improvements are prohibited in sewer easements or right of ways. F. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. G. All ACSD fees must be paid prior to the issuance of a building permit. H. The glycol heating and snow melt system must be designed to prohibit and discharge of glycol to any portion of the public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. Ordinance No. 32 (Series of 2013) Page 4 of 9 I. Soil Nails are not allowed in the public ROW above ASCD main sewer lines and within 3 feet vertically below an ACSD main sewer line. J. Applicant's civil engineer will be required to submit existing and proposed flow calculations. Section 10: Electrical Department Requirements The Applicant shall have an electric connect load summary conducted by a licensed electrician in order to determine if the existing transformer has sufficient capacity for the redevelopment. If a new supplemental transformer is required to be installed, the Applicant shall provide for a new transformer and its location shall be approved by the Community Development Department prior to installation. The Applicant shall dedicate an easement to allow for City Utility Personnel to access the supplemental_transformer for maintenance purposes, if a supplemental transformer is installed Section 11: 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 12: School Lands Dedication Fee Pursuant to Land Use Code Section 26.620, School Lands Dedication, the Applicant shall pay a fee-in-lieu of land dedication prior to building permit issuance. The City of Aspen Community Development Department shall calculate the amount due using the calculation methodology and fee schedule in effect at the time of building permit submittal. The Applicant shall provide the market value of the land including site improvements, but excluding the value of structures on the site. Section 13: Impact Fees Pursuant to Land Use Code Section 26.610, Impact Fees, the Applicant shall pay a Parks Development impact fee assessed at the time of building permit application submittal and paid at building permit issuance. The amount shall be calculated using the methodology and fee schedule in effect at the time of building permit submittal. As the land use application was submitted prior to adoption of the Transportation Demand Management (TDM)/Air Quality impact fee, the fee shall not be required. Section 14: Parks A. Excavation: any excavation under the drip line of a tree to be preserved will need to approved and receive a drip line permit along with the tree permit. The existing retaining wall along the western boundary shall be maintained to protect trees along the shared property line. Vertical excavation may be required and over digging will be prohibited in such zones; work in these zones will need to be coordinated with the Parks Department. B. Tree Protection: A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site and their represented drip lines. A formal plan indicating the location of the tree protection will be required for the building permit set. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site. Ordinance No. 32 (Series of 2013) Page 5 of 9 This fence must be inspected by the city forester or his/her designee before any construction activities are to commence. Root damage is required to be minimized by preserving the existing foundation, unless an alternative is acceptable and approved by the Parks Department, around the large Spruce Tree. C. An approved tree permit will be required before any demolition or access infrastructure work takes place. Mitigation for tree removals shall be required. D. The applicant will need to contract with a tree service, and have them on-call in order to address all roots greater than 2 inches in diameter. Roots 2" or greater shall be professionally pruned by the on-call tree service. Root trenching will be required around all trees that will be subject to excavation under the drip line or next to the drip line. This can be accomplished by an experienced tree service company or trained member of the contractor's team. E. Landscaping and Sidewalk landscaped area: Landscaping in the public right of way will be subject to landscaping in the ROW requirements, including: • Street tree plantings shall be evenly spaced a minimum of 20 foot on-center. • ROW plantings require adequate irrigation pressure and coverage. • Improvements to the soil profiles of the ROW (amending the current soils to improve air, water filtration and increase longevity of the new plantings) may be necessary and shall be reviewed by the Parks Department. • Tree trenches will need to be utilized for the street tree plantings. Bleeker Street planting can be accomplished with an attached curb and sidewalk with a brick paver accent. F. Applicant should work with the developer of the adjacent property (to the west) to coordinate the access issues, tree removals and grading associated with opening of the alley. Section 15: Cost and Financial Assurances A. Proof of Financing. Before the issuance of a building permit for the development of the property, and as a condition of such approval, owner shall provide to the City Building Department and City Attorney for review and approval, satisfactory evidence that owner has in place sufficient financing to accomplish and complete the construction of the development of the project covered by the building permit and any public improvements identified within an improvements agreement and required under this ordinance; provided, if there is no loan with respect to development of the project, then owner shall provide a letter from a financial institution stating that the owner has funds available in an amount that covers the estimated cost of construction for the development. Such financing may include without limitation, a construction loan from an institutional lender or lenders and equity capital investments and/or donations from owner or third party investors or contributors. In addition, before issuance of a building permit for the project, owner shall provide supporting cost estimates for all improvements covered by the requested building permit prepared by owner's general contractor for review and approval by the City of Aspen Building Department. Ordinance No. 32 (Series of 2013) Page 6 of 9 B. Cash Escrow for Site Enhancement Fund. Before the issuance of a building permit for the project, and as a condition of such issuance, the owner will deposit with a title company the sum of TWO HUNDRED FIFTY THOUSAND DOLLARS AND NO/100THS ($250,000.00) (the "Site Enhancement Escrow Funds") in the form of cash or wired funds pursuant to an Escrow Agreement made and entered into between the owner and the City which shall provide as follows: i. In the event construction work on the development of the project shall cease for ninety (90) days or longer, to a final inspection by the City of the work authorized by a foundation/structural frame permit ("F/SFP") on said parcel and cessation of such construction work continues for a period of one hundred twenty (120) days after notice from the City to the owner specifying the subject work in reasonable detail, or if such breach cannot be cured reasonably within such one hundred twenty (120) day period and owner fails to commence and proceed diligently to cure such breach within a reasonable time period, then the City, in its reasonable discretion, may draw upon the Site Enhancement Escrow Funds from time to time as needed for the purposes of improving the appearance of any construction work not already completed on the site. ii. The Site Enhancement Escrow Funds or any remaining balance thereof shall be returned to the owner, upon completion by the City of a final inspection and issuance of a Certificate of Occupancy for the parcel or when otherwise agreed to by Owner and the City. C. Cash Escrow for Site Protection. Before the issuance of a building permit for the project, and as a condition of such issuance, the owner will deposit with a title company the sum of TWO HUNDRED FIFTY THOUSAND DOLLARS AND NO/100THS ($250,000.00)("Escrow Funds") in the form of cash or wired funds pursuant to an Escrow Agreement made and entered into between the owner and the City which shall provide as follows: i. In the event construction work on the development of the project shall cease for sixty (60) days or longer ("Work Stoppage"), prior to a final inspection by the City of the work authorized by a foundation/structural frame permit ("F/SFP") on such lot, and cessation of such construction work continues for a period of thirty (30) days after notice from the City to owner specifying the subject work in reasonable detail, or if such breach cannot be cured reasonably within such thirty (30) day period and the owner fails to commence and proceed diligently to cure such breach within a reasonable time period, then the City in its reasonable discretion may draw upon the Escrow Funds from time to time as needed for the purposes of protecting and securing the construction site and improvements thereon from damage by the elements and/or from trespass by unauthorized persons, and for purposes of improving the site to a safe condition such that it does not become an attractive nuisance or otherwise pose a threat to neighbors or other persons. ii. Half of the Escrow Funds shall be returned to the owner upon completion by the City of a final inspection of the work authorized by the Foundation/Structural Frame Permit on the Ordinance No. 32 (Series of 2013) Page 7 of 9 project. The balance of funds shall be returned to the owner once exterior finishes to the building have been installed. Section 16: Vested Rights The development approvals granted herein shall constitute a site-specific development plan and a vested property right pursuant to Land Use Code Section 26.308.011 attaching to and running with the Subject Property and shall confer upon the Applicant the right to undertake and complete the site specific development plan and use of said property under the terms and conditions of the site specific development plan including any approved amendments thereto. As the current approval is a site specific development plan approved via Ordinance No. 25 (Series of 2007), the approved amendments are subject to the existing vesting period and shall sunset on February 5, 2015 as noted in City Council Resolution 42 (Series of 2009). However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of § 26.104.050, Void Permits. Section 17: 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 18: 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 19• 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 20: A public hearing on this ordinance shall be held on the 26th day of August, 2013, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Ordinance No. 32 (Series of 2013) Page 8 of 9 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 12th day of August, 2013. Attest: l� athryn S. Ych, City Clerk Steven Skadron Mayor FINALLY, adopted, passed and approved this 26th day of August,2013. Attest: 1 Kathryn S. PUch, City Clerk Steven Skadron, ayor Approved as to form: ity Attorney List of Exhibits Exhibit A—Approved Exterior Elevations and floor plans Ordinance No. 32 (Series of 2013) Page 9 of 9 — NEIGHBORING BUILDING — — —_—_— — — DA V.D IOn nSKox — — — — — _-- Aa(xIT E<TS•. LANDSCAPED --AMENITY SPACE tj wx aT2aro�i.« EXISTING ENTRY TO DRIVEWAY - RETAINING WALL.__—_ __ GARAGE PARKING PROPER LINE __- __-—___ AHU _ PARKING 1 LOWER i COURTYARDI PROPERTY LINE U i .PLANTER v...<.,..,.... 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SOLAR PANELS ELEVATOR L BULKHEAD Q p U DECK DECK If O � GREEN CL ROOF GREEN CwC ROOF C ry- O w i i i i.00F PLAN ROOF PLAN • ,�` �+ ^ads:- h��� ✓ '0.� ° - ;a` `.:`'- '."� .� :� � SQ1lTkiJ;IEAST PERSPECTIVE -- ------- . ...... 201 • - proposed building •- •- I I� • ~�C •'�..li%t`` ` �`Y�i.e'd. / 4th r NORTHEAST PERSPECTIVE AL BUILDING "" Q 08.20.2013 � �sI 4 tv TT 201 north mill street - proposed SW building perspective NORTHWEST PERSPECTIV � DAVID JOHNSTON ARCHITECTS �.,:'°��,.,, JEROME PROFESSIONAL BUILDIN aspen,co 08.20.201 201 • proposed building •- • Ad Name: 9450640A LEGAL NOTICE ORDINANCE#32,2013 PUBLIC HEARING Customer: Aspen (LEGALS) City of Ordinance#32,Series of 2013,was adopted on first reading at the City Council meeting August 12, Your account number: 1013028 2013. This ordinance,if adopted will approve a subdivision amendment for 201 N.Mill. The public hearing on this ordinance is scheduled for August 26,2013,at 5 PM,City hall,130 South Galena. To see PROOF OF PUBLICATION websitethe entire text,go to the city's legal notice hftp://www.aspenpitkin.com/Departments/Clerk/Le- at-Notices/ :1:1 IM:1 If you would like a copy FAXed,mailed or e-mailed to you,call the city clerk's office,429-2686. Published in the Aspen Times Weekly on August 15,2013. [9450640] 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. The Aspen Times is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. 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 8/15/2013 and that the last publication of said notice was in the issue of said newspaper dated 8/15/2013. In witness whereof,I have here unto set my hand this 08/20/2013. 'D L Jim Morgan,General Manager Subscribed and sworn to before me,a notary public in and for the County of Garfield,State of Colorado this 08/20/2013. 9-Jk Pamela J. Schultz,Notary Public Commission expires:November 1,2015 CPRy P�j PAMELA J. SCHULTZ�y� COQ MY Commission Expires 1110112015