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ORDINANCE
ORDINANCE N0. 23 Janice K.Vos Caudill, Pitkin County, CO
(SERIES OF 2013)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A
PLANNED UNIT DEVELOPMENT — OTHER AMENDMENT AND ASSOCIATED
LAND USE REVIEWS FOR THE SOUTH ASPEN STREET SUBDIVISION/PUD
LEGALLY DESCRIBED AS PARCELS 1, 2, AND 3, SOUTH ASPEN STREET
SUBDIVISION/PUD, CITY OF ASPEN, PITKIN COUNTY, COLORADO
Parcel IDs: 273513139001, 273513139002, 273513139003
WHEREAS, the Community Development Department received an application from
ASV Aspen Street Owners, LLC (Applicant), represented by David Parker of Bald Mountain
Development and Mitch Haas of Haas Land Planning, requesting the Planning and Zoning
Commission recommend approval of a Planned Unit Development — Other Amendment,
Subdivision - Other Amendment, Growth Management Review — Substantial Amendment and
Resident Multi-family Replacement to amend the existing entitlements associated with the South
Aspen Street Subdivision/PUD via a combined review; and,
WHEREAS, an application was submitted for an amendment to the existing entitlements
approved via Ordinance No. 32 (Series of 2003) for the South Aspen Street Subdivision/PUD in
which the new application proposes on Parcel 1 a free-market fiveplex residential building, an
affordable housing building containing 10 dwelling units and an underground parking garage.
While Parcel 2 and 3 are proposed to be subdivided into one lot containing three free-market
triplexes or nine residential dwelling units. Additionally the Applicant offers to provide eight
affordable housing units off-site at the Airport Business Center and provide a cash payment-in-
lieu; and,
WHEREAS, the Community Development Department received referral comments from
the Aspen Consolidated Sanitation District, City Engineering, Building Department, Fire
Protection District, Parks Department, Aspen/Pitkin County Housing Authority, and Public
Works Department as a result of the Development Review Committee meeting; and,
WHEREAS, said referral agencies reviewed the proposed amendment and provided
recommendations; and,
WHEREAS, after reviewing relevant sections of the Land Use Code, the Community
Development Director recommended denial of the land use requests; and,
WHEREAS, during a regular meeting on December 6, 2011 the Planning and Zoning
Commission opened a duly noticed public hearing and continued it to January 3, 2012, and on
January 3rd continued the public hearing to January 4th to consider the project; and,
WHEREAS, during a special meeting on January 4, 2012 the Planning and Zoning
Commission opened a duly noticed public hearing, took testimony and continued the hearing to
January 17, 2012 at which point the hearing was continued to January 24, 2012; and,
WHEREAS, during a special meeting on January 24, 2012 the Planning and Zoning
Commission opened a duly noticed public hearing, took testimony and recommended City
Ordinance No.23, Series 2013
Page 1 of 15
Council approve the PUD Amendment and associated land use requests by a four to two (4-2)
vote; and,
WHEREAS, between the Planning and Zoning Commission's review and
recommendation and this current review of a townhome development in 2013 by the City
Council, the City Council considered a lodge development proposal that was eventually
withdrawn; and,
WHEREAS, during a regular meeting on June 24, 2013 the City Council continued the
public hearing to July 8, 2013, at which point City Council opened a duly noticed public hearing,
took testimony and continued the public hearing to August 12, 2013 requesting the density
proposed for the townhome development be restudied; and,
WHEREAS, the Applicant continued to restudy the site plan, the public hearing was
continued on September 9, 2013 and October 28, 2013, finally reviewing in detail the restudied
proposal at a continued public hearing on November 11, 2013; and,
WHEREAS,the restudy proposes:
On Lot 1
• Three multi-family structures, two containing affordable housing units and one
containing free-market residential units. A total of 5 free-market residential units and 15
affordable housing units are proposed.
• A sub-grade parking garage with no more than 47 parking spaces.
On Lot 2 (formerly Parcels 2 and 3)
• Four multi-family structures, one containing two affordable housing units and three
containing free-market residential units. A total of 9 free-market residential units and two
affordable housing units are proposed; and,
WHEREAS, during a regular meeting on November 11, 2013 the City Council opened a
duly noticed public hearing, took testimony and approved the PUD Amendment and associated
land use requests by a three to one (3-1) vote, with the findings and conditions listed hereinafter;
and,
WHEREAS, the City Council finds that the development review standards for PUD -
Other Amendment and related land use reviews are met after considering recommendations by
the Planning and Zoning Commission, the Community Development Director, and relevant
referral agencies; and,
NOW, THEREFORE BE IT RESOLVED that the City Council approves the PUD — Other
Amendment and associated land use reviews with the conditions listed below.
Section 1 General Approval:
The City Council approves the following land use reviews:
Planned Unit Development — Other Amendment, Subdivision - Other Amendment, Growth
Management Review — Substantial Amendment and Resident Multi-family Replacement
requirements to amend the South Aspen Street Subdivision/ PUD.
Ordinance No. 23, Series 2013
Page 2 of 15
The amended development plan permits Lot 1 to be developed with three buildings, with one
building containing five (5) free-market dwelling units and two buildings containing fifteen (15)
affordable housing dwelling units. Additionally, an underground garage accommodating SkiCo
parking (per an agreement with SkiCo), guest parking and parking for the affordable housing
units is provided on the lot.
Parcels 2 and 3 are combined to create one lot that shall be known as Lot 2. On this newly
merged lot three (3) free market triplexes containing a total of nine (9) free-market residential
units with an underground garage, to accommodate parking for one of the triplexes, is permitted.
A fourth building on the lot shall contain one affordable housing unit and provide a minimum
setback of fifteen feet from the shared property line with the Juan Street Condominiums.
Additionally, Applicant shall mitigate for either 14.75 or 14.25 Full Time Equivalents (FTEs) in
the form of physical affordable housing units located east of the "S" curves, Affordable Housing
Credits, or a combination of both.
The development of the PUD may be phased, allowing Lot 1 to be developed independently of
Lot 2; however, the FTEs to be mitigated off-site or via affordable housing credits shall be
required as part of the development of Lot 2.
The architectural design of the project is illustrated in the Architectural Character Plan and as
represented throughout the public hearings. The design is approved with the Planned Unit
Development. The south entry of the affordable housing building containing twelve units shall be
amended to meet or be closer to the first floor level.
Section 2: Subdivision/PUD Plat, Easements, Vacation, & Final PUD Plans
Pursuant to the procedures and standards set forth in Title 26 of the City of Aspen Municipal
Code, the Aspen City Council hereby approves Subdivision — Other Amendment and PUD —
Other Amendment of the property described as parcels 1, 2, and 3 of the South Aspen Street
Subdivision/PUD allowing the development to go from 3 parcels to 2 lots: Lots 1 and 2, as well
as approving a site specific development plan via the PUD review process.
A final Subdivision/PUD plat and agreement that meets the requirements of Land Use Code
chapter 26.480, Subdivision, and chapter 26.445, Planned Unit Development (PUD), shall be
recorded in the Pitkin County Clerk and Recorder's Office within 180 days of the approval of
this ordinance. Once recorded, these approvals shall supersede the previous approvals, rendering
them null and void. A Subdivision/PUD plat and development plan set shall include at a
minimum the following information to be reviewed to ensure each item and condition of
approval is documented to the satisfaction of the Community Development Director, the City
Engineer, and the City Attorney prior to final signatures by the Mayor and recordation. No
building permit submission for development of either lot shall be permitted until recordation has
occurred.
a. A Subdivision Plat that subdivides the land into the following lots, as depicted on the
Proposed Subdivision Map, attached as Exhibit A.
Ordinance No.23, Series 2013
Page 3 of 15
South Aspen Street Subdivision/PUD Lot 1
South Aspen Street Subdivision/PUD Lot 2
The Subdivision Plat shall grant certain perpetual easements and vacation of an easement as
follows:
i. A perpetual public pedestrian access easement also benefiting the City of Aspen upon
any sidewalks associated with Aspen Street or Juan Street that are proposed to encroach
upon Lots 1 or 2.
ii. Vacation of an Access and Utility Easement encumbering the vacated alley on Lot 2
recorded at reception 486408 with the Pitkin County Clerk and Recorder.
iii. Dedication-of easements for proposed utilities-that are not entirely contained within the
right of way, per city specifications.
b. A Final PUD Development Plan Set that includes:
i. An illustrative site plan showing the layout of planned improvements as depicted in
attached Exhibit B.
ii. An architectural character plan showing the massing, fenestration, and materials of each
building as generally depicted in attached Exhibit C.
iii. Dimensioned drawings of all buildings proposed within the project showing dimensions
for all zoning parameters in graphic and tabular format. Project dimensions approved
for the project are as described in Exhibit D. Heights of building shall be in general
conformance with those depicted in attached Exhibit E.
iv. An exterior lighting plan meeting the City's outdoor lighting standards.
v. A Master Utility Plan including profiles and sections acceptable to the City Engineer
and the City of Aspen Utilities Department.
vi. A Civil and Drainage Plan and report that complies with the City's Urban Runoff
Management Plan, the Engineering Standards as well as the 2002 Geologic evaluation
performed by CTL Thompson. Additionally the development shall analyze and mitigate
for mud flow, landslide and snow slide hazards per the requirements of the city.
vii. An Interpolated Natural Grade Plan.
viii. A Landscape Plan for each lot. The landscape plans should be reviewed and approved
by the Parks Department with a required signature on the Landscape sheets.
- - - - - - - - - - - - - - - -
ix. A Juan/Garmisch Street Improvement Plan in compliance with City of Aspen
Engineering design standards showing improvements to the corridor for one way
vehicular traffic, on street parking and pedestrian traffic.
x. A South Aspen Street Reconstruction Plan substantially identical to that plan recorded
in conjunction with the Lift One Lodge Subdivision/PUD.
Ordinance No. 23, Series 2013
Page 4 of 15
Section 3: Development Agreement
Contemporaneously with the recording of the Plats and plan set, the record owners of the lands
within the S. Aspen Street Subdivision/PUD shall prepare, execute and record a Development
Agreement meeting the requirements of Section 26.445.070.0 of the land use code to be
reviewed to ensure each item and condition of approval is documented to the satisfaction of the
Community Development Director, the City Engineer, and the City Attorney prior to final
signatures by the Mayor and recordation. No building permit submission for development of
either lot shall be permitted until recordation has occurred. The Development Agreement shall
set forth a description of the proposed improvements and obligations of the parties, including the
following:
a. The reconstruction of South Aspen Street, public utilities and associated sidewalks,
curbing and drainage improvements as depicted in the Final PUD Plans for Lift One Lodge
were approved allowing for the redevelopment of the Aspen Street corridor. Included as part
of the Development Agreement for Lift One Lodge is a provision that the City shall require
property owners adjacent to improved portions of South Aspen Street be responsible for their
prorata share of the cost of the improvements associated with said section of improvements if
property owners seek improvements to their property.
As the Applicant may develop their lots prior to the development of Lift One Lodge, an
agreement is required to be executed between both the Applicant and the owner of Lift One
Lodge, approved by the City Attorney, that outlines who will be responsible for the
improvements and how costs shall be shared or otherwise reimbursed prior to the issuance of
a building permit for said lots. Assuming that Applicant is first to develop, prior to the
issuance of the Certificate of Occupancy for Lots 1 or 2, the following conditions must be
met:
i. Completion of the improvements to S. Aspen Street as described in the Final Plat, PUD
Plans and Development Agreement for Lift One Lodge. An additional surety at twice
the remaining estimated costs of improvements may be accepted by the City to address
timing issues related to seasonal construction or other practical issues.
b. Identification of all public improvements, including landscaping, to be subject to Section
3.c Financial Assurance and Performance Bond.
c. Financial Assurances & Performance Bond. The Development Agreement shall include the
Applicant's commitment and agreement-that before a Building Permit is issued for Lot 1 or
2, the Applicant shall provide to the Community Development Director and the City
Attorney for review and approval satisfactory evidence that the Applicant has in place
sufficient financing to accomplish and complete the construction of the development,
including all public improvements required under the Development Agreement and covered
by the Building Permit. Such financing may include, without limitation, a construction loan
from an institutional lender or lenders and equity capital investments from the Applicant
and/or third party investors.
Supporting cost estimates for all improvements covered by the requested Building Permit
shall be prepared by the Applicant's General Contractor.
Ordinance No.23, Series 2013
Page 5 of 15
The Applicant shall further commit and agree that before a building permit is issued for
development on Lot 1 or 2, the Applicant shall provide to the Community Development
Director and the City Attorney for review a copy of a Performance and Payment Bond issued
or committed to be issued to the Applicant's General Contractor by an institutional surety
company. The Performance and Payment Bond shall name the Applicant as the beneficiary
or insured thereunder to grant them a direct right of action under the Performance and
Payment Bond in order to construct or finish public improvements, and to complete the
construction of the improvements covered by the Bond. Separately, the Applicant shall
provide the City of Aspen with an assignment of its rights under the Performance and
Payment Bond.
d. Site Protection Fund. The Development Agreement shall include the Applicant's
commitment and agreement that before a Building Permit is issued for each, the Applicant
will deposit with a title company the sum of $250,000.00 (the "Site Protection Escrow
Funds") in the form of cash or wired funds and will execute an escrow agreement and
instructions with the escrow agent which recites and agrees as follows:
i. In the event construction work on Lift One Lodge on Lot 1 or 2 shall cease for sixty
(60) days or longer (`work stoppage') without a cure of such work stoppage after
fifteen days (15) days notice by the City and such work stoppage not being a result of
any event of force majeure, prior to a final inspection by the City of the work
authorized by the Foundation/Structural Frame Permit on the Project, then the City in
its discretion may draw upon the Escrow Funds from time to time as needed for
purposes of protecting and securing the Project site and improvements from damage by
the elements and/or from trespass by unauthorized persons, and for purposes of
improving the Project 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 project. The balance of funds shall be returned to the owner once exterior finishes to
the building have been installed.
e. Site Enhancement Fund. The Development Agreement shall include the Applicant's
commitment and agreement that before a Building Permit is issued for each lot, the
Applicant will deposit with a title company the sum of$250,000.00 (the "Site Enhancement
Escrow Funds") in the form of cash or wired funds and will execute an escrow agreement
and instructions with the escrow agent which recites and agrees as follows:
i. In the event construction work on the development of the project shall cease for ninety
(90) days or longer, prior to a final inspection by the City of the work authorized by a
foundation/structural frame permit ("F/SFP") on said parcels 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
Ordinance No. 23, Series 2013
Page 6 of 15
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 each parcel or when otherwise agreed to by Owner and
the City.
f. Cross-References. The Development Agreement shall include cross-references to recorded
plats, easements, agreements, and PUD plan sets as described herein.
Section 4: Growth Management and Affordable Housing Obligations
The combination of on-site affordable housing units and the provision of off-site affordable
housing units or Affordable Housing Credits shall provide affordable housing mitigation for a total
of 46 FTEs. This exceeds the required mitigation for the proposed development but reflects the
number of FTEs approved to be housed via the original approvals, prior to this amendment.
All of the affordable housing units shall meet the APCHA Guidelines. All of the units provided as
mitigation for this development shall be `for sale' units sold through the lottery system. The
Applicant may initially choose two purchasers for the affordable housing units as long as they
qualify in the top priority per Part VII of the Aspen/Pitkin County Employee Housing Guidelines.
The Certificate of Occupancy for the free-market portion of a lot shall not be issued until the
Certificate of Occupancy for all of the deed restricted units have been executed for said lot. All
deed restrictions shall be recorded coincident with the recordation of the condo plat and prior to the
issuance of the Certificate of Occupancy.
Due to the mix of free-market and affordable housing units on-site, APCHA recommends that the
condominium declaration for the on-site units be modeled after the documents provided for the
Aspen Walk free-market/affordable-housing project. The condominium documents shall be
reviewed and approved by APCHA prior to recordation.
A capital reserve study shall be provided for both on site and off site affordable housing projects at
the time of the issuance of the Certificate of Occupancy.
a. Housing on Lot 1. Following are the number and type of affordable housing units approved
for Lot 1. Each unit's net livable area and unit type shall determine its Income Category;
however, in no case shall less than a Category 2 income level or greater than a Category 4
income level be permitted. Each unit shall be provided an off-street parking space as well as
washer/dryer hook-up.
• Studio units=2
• 1 bedroom units= 10
• 2 bedroom units= 1
Ordinance No.23, Series 2013
Page 7 of 15
• 3 bedroom units =2
b. Housing for Lot 2. Following is type of unit approved for Lot 2. The unit's net livable area
and unit type shall determine its Income Category; however, in no case shall less than a
Category 2 income level or greater than a Category 4 income level be permitted. The unit shall
be provided an off-street parking space as well as washer/dryer hook-up. Additionally no
fencing of the unit shall be permitted and a minimum setback of fifteen feet from the shared
property line with the Juan Street Condominiums shall be maintained.
• 3 or 4 bedroom unit= 1
A balance of 14.75 or 14.25 FTEs (depending on the bedroom count of the affordable housing
unit on Lot 2) is required to be mitigated for as part of the development of Lot 2. If all or a
portion of the FTEs are mitigated for in the form of affordable housing credits, the credits shall
be extinguished prior to the issuance of a building permit for Lot 2. If all or a portion of the
FTES are mitigated for in the form of physical, off-site units the Certificate of Occupancy for
the free-market portion of Lot 2 shall not be issued until both the off-site and on-site affordable
housing have received a Certificate of Occupancy. Any physical, off-site units provided that
are in excess of the number of FTEs required to be provided may be converted to Affordable
Housing Credits per the land use code.
Section 5: Building Permit Submission Requirements
In addition to the standard submission requirements for a building permit, the Applicant shall
submit the following:
a. A signed copy of the final City Council Ordinance and the Development Agreement
granting land use approvals.
b. A letter from the primary contractor stating that the final City Council Ordinance and the
Development Agreement have been read and understood.
c. A tree removal plan and a tree protection plan. (See Section 10)
d. Detailed civil plans for the improvement of South Aspen Street, Juan/Garmisch Street,
and associated sidewalks, curbing and drainage improvements as depicted in the Final
PUD Plans as required per the development agreement.
e. Detailed civil plans for the installation and/or relocation of all utilities depicted and
described in the Master Utility Plan of the Final PUD Plans inclusive of plans and
profiles.
f. Detailed civil plans that comply with the Urban Runoff Management plan in addition to
the Engineering Standards. The civil plans consist all civil improvements including the
installation of all drainage, landslide, snow slide and mud flow facilities depicted and
described in the Final PUD Plans;
Ordinance No.23, Series 2013
Page 8 of 15
g. A signage plan for approval by the Community Development, Parking, and Engineering
Departments. The signage plan shall include, signing both sides of Aspen Street as No
Parking Fire Lane; signing the public parking spaces within the turn-around as
Emergency and Official Vehicles Only; and specifying location of sign receivers to be
placed during construction. Final verbiage for the signs may be different, as determined
by said departments. The City shall manage the public rights-of-way and all parking
therein to achieve public policy objectives, which shall not prescribe or preclude public
parking. The City may change the physical layout, applicable policy, posted signage, or
operational practices of the parking at its sole discretion on a temporary or permanent
basis. Implementation of certain public parking allowances and restrictions does not
guarantee against or preclude future changes to those allowances and restrictions on a
temporary or permanent basis.
h. Ground Stability monitoring report as defined in Section 9.
Section 6: Building Permit Issuance Requirements
In addition to the standard requirements for issuance of a building permit, the following
conditions must be met prior to issuance of a building permit:
a. The Applicant shall pay all impact fees and school lands dedication fees applicable and per
the fee schedule in place at the time of building permit submission, payable upon issuance
of the full building permit. As the TDM/Air Quality impact fee did not exist in 2003 when
this development was initially approved, the impact fee is not applicable during the statutory
vested rights period.
b. The Applicant shall provide sufficient evidence of financing and a performance bond, as
required in Section 3c.
c. The Applicant shall provide site protection and enhancement escrow funds, as required in
Section 3d and 3e.
Section 7: Construction Management Plan Requirements
A construction management plan shall be submitted to the City Engineer in conjunction with the
first building permit application within the project. The plan must include a planned sequence of
construction that minimizes construction impacts to the public. If the project is bifurcated into
phases, a CMP for each phase will be required. The plan shall describe management of:
parking, staging/encroachments, truck and construction traffic during peak traffic and seasonal
periods, noise, dust, erosion/sediment pollution, and emergency access during construction.
Any Construction Management Plan for work within the project shall accommodate the
Winternational event operations to the satisfaction of the local FIS event coordinator and the
Aspen Skiing Company when such event is held on Aspen Mountain. This may include work
stoppage on event days.
Section 8: Calculations and Measurements
The Applicant may use the Calculations and Measurements in effect at the time of application to
amend this subdivision/PUD: March 7, 2013 which may be recorded with the improvements
Ordinance No.23, Series 2013
Page 9 of 15
agreement. Interpolated grade may be used rather than natural grade in the measurement of
height.
The above provisions for measuring improvements shall be in effect through the vested period or
the issuance of a Certificate of Occupancy for each building, whichever is later. Subsequent
improvements shall be measured according to the method in effect at the time of building permit
submission for such improvement.
Section 9: Ground Stability Monitoring
In order to ensure the development does not exacerbate ground movement, an inclinometer shall
be installed and maintained by the Applicant with bi-annual readings taken through issuance of a
Certificate of Occupancy for either lot. The Building Permit application shall include a report on
the readings and a subsequent report is required prior to issuance of a Certificate of Occupancy.
Section 10: Tree Permits and Protection Requirements
Tree removal permits are required prior to issuance of a building permit for any demolition or
significant site work.
a. 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 bldg 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.
This fence must be inspected by the city forester or his/her designee before any construction
activities are to commence. All utilities located under protected trees will have to be installed
in a manner that doesn't require traditional excavation. Utilities in the proximity of protected
trees may have to be relocated to protect root zones and drip lines per code 13.21. Additional
Tree Protection measures include:
i. Roots: 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 with the on call tree service. Root trenching will be required
around all trees with 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.
ii. Excavation: All excavations adjacent to the drip zone will be required to be vertical
excavation only, with no over digging. Excavations will be soil stabilized in a manner
that prevents over excavation of the site. This will require a one sided pour for all
foundation walls located within these protection zones. Any excavation adjacent to the
large cotton wood tree located adjacent to the affordable housing site is required to be a
vertical excavation, see below for details. Due to the proximity and nature of the
excavation the applicant will be required to fence off a larger protection zone past the
drip line of the tree. This protection zone located within the non-excavated area shall
be twice the width of the drip line. Approval of all protection zones is required.
Ordinance No.23, Series 2013
Page 10 of 15
iii. Mulching: Six inches of mulch is required to be placed within the zone of vegetation
protection. The mulch shall be maintained at a level of 6 inches during the entire
project.
iv. Irrigation: Irrigation of trees is required throughout the entire length of the project. The
Contractor will supply water to the trees at a rate which is appropriate for proper
health. Additional watering will take place along the edge of the roots cutting. The
contractor will be required to place a burlap protection cover over the cut roots. The
contractor will irrigate the burlap with an appropriate amount of water in order to keep
the burlap moist.
v. Access: Any access across or through the area of protection is prohibited at all times.
b. Landscaping and Sidewalk Landscaped area: Landscaping in the public right of way will
be subject to landscaping in the ROW requirements. ROW requirements require adequate
irrigation pressure and coverage, if a system is not in place one will need to be added.
Installation of a root barrier along the edge of sidewalks is strongly encouraged.
All sidewalks, parking areas and walkways adjacent to protected trees shall be designed and
built in a manner that reduces the impact to existing trees and root systems. All hard surfaces
located within the drip line of trees to be saved shall be built on grade in a manner that allows
for the sub-grade prep and sidewalk to float over the roots preventing any excavation into the
soil. All work in protection zone is to be accomplished without machines, handwork only.
These requirements are subject to the City of Aspen tree code.
c. An approved tree permit will be required before any demolition or significant property
changes take place. Parks is requiring that the tree permit be approved prior to submission of
the building permit.
Section 11: Sanitation District Requirements
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.
On-site utility plans require approval by ACSD.
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
Old service lines must be excavated and abandoned at the main sanitary sewer line according to
specific ACSD requirements.
Ordinance No. 23, Series 2013
Page 1 1 of 15
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. Landscaping plans
will require approval by ACSD where soft and hard landscaping may impact public ROW or
easements to be dedicated to the district.
All ACSD fees must be paid prior to the issuance of a building permit.
Where additional development would produce flows that would exceed the planned reserve
capacity of the existing system (collection system and or treatment system) an additional
proportionate fee will be assessed to eliminate the downstream collection system or treatment
capacity constraint. Additional proportionate fees would be collected over time from all
development in the area of concern in order to fund the improvements needed.
Where additional development would produce flows that would overwhelm the planned capacity
of the existing collection system and or treatment facility, the development will be assessed fees
to cover the costs of replacing the entire portion of the system that would be overwhelmed. The
District would fund the costs of constructing reserve capacity in the area of concern (only for the
material cost difference for larger line).
A "Line Extension Request" and a "Collection System Agreement" are required for this
application. Both are ACSD Board of Director's action items.
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.
Section 12: Environmental Health Department
The State of Colorado mandates specific mitigation requirements with regard to asbestos.
Additionally, code requirements to be aware of when filing a building permit include: a
prohibition on engine idling, regulation of fireplaces, fugitive dust requirements, noise abatement
and pool designs. This site has not been previously identified as containing hazardous soils;
however the following requirement shall be met in development of either lot:
a. A detailed soils reports shall be submitted with the Building Permit application and if any
hazardous materials are reported the applicant shall provide the City with a mine waste
testing and handling plan provided by a registered engineer or other entity with experience in
soils and hazardous waste disposal. The plan must comply with the following conditions of
approval regarding development and handling of any hazardous or toxic soils encountered on
the property unless adequate information is provided to the Environmental Health
Department indicating that certain requirements should be waived:
Ordinance No. 23, Series 2013
Page 12 of 15
i. Any disturbed soil or material containing more than 1000 ppm lead that is to be stored
above ground shall be securely contained on and covered with a non-permeable tarp or
other protective barrier approved by the Environmental Health Department so as to
prevent leaching of contaminated material onto or into the surface soil. Disturbed soil
or material may be stored onsite if the Environmental Health Department determines
that there exists a satisfactory method of disposal at the excavation site. Disturbed soil
and solid waste may be disposed of outside of the site upon acceptance of the material
at a duly licensed and authorized receiving facility.
ii. Non-removal of contaminated material. No contaminated soil or solid waste shall be
removed, placed, stored, transported or disposed of outside the boundaries of the site
without having first obtained any and all necessary disposal permits.
iii. Dust suppression. All activity or development shall be accompanied by dust
suppression measures such as the application of water or other soil surfactant to
minimize the creation and release of dust and other particulates into the air and to
prevent such dust and particulates from traveling off the site.
iv. Any contaminated soil or mine waste rock that is disturbed or exposed shall be
contained on the property such that runoff does not exit the property or contaminate
clean soils existing on or off the property.
v. Any contaminated soil or mine waste rock to be left on-site shall be placed under
structures, pavement or covered by a minimum of 1 foot of clean soil that contains less
than 1,000 ppm lead.
Section 13: Dean Street Maintenance
Applicant proposes to access a parking garage via Dean Street. With the improvement of Lot 1
and Dean Street, an increase in use is anticipated. Increased maintenance, beyond typical
standards, shall be responsibility of properties that use Dean for access.
Section 14: Water Department
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. All water services to
buildings with Fire sprinkler systems will require fire flow calculations from a professional
engineer. Adequate spacing and separation of utilities is required.
Section 15: Condominiumization Approved
Condominiumization of units, including the parking spaces, to define separate ownership
interests within a Lot 1 and Lot 2 of the S. Aspen Street Subdivision/PUD is hereby approved by
the City of Aspen, subject to recordation of a condominiumization plat in compliance with the
current (at the time of condo plat submission) plat requirements of the City's Community
Development Department.
Ordinance No.23, Series 2013
Page 13 of 15
Section 16: Representations Preserved
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 Community Development Department, the Planning and Zoning
Commission, 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 17: 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
an amendment to the site specific development plan approved via Ordinance No. 32 (Series of
2003), the current approval is subject to the current vesting period and shall sunset on March 5,
2015.
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 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.
Section 20:
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.
Section 21:
A public hearing on this ordinance shall be held on the 25`h day of June, 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 shall
be published in a newspaper of general circulation within the City of Aspen.
Ordinance No. 23, Series 2013
Page 14 of 15
Section 22:
This ordinance shall become effective thirty (30) days following final adoption.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 10`h day of June, 2013.
Attest:
,'F I
Kathryn S. och, City Clerk Steven adron rbe'r, 2013.yor FINALLY, adopted, passed and approved this 11 th day of Nov
Attest:
Kathryn S. och, City Clerk Steven Skad ron,Mayor
Approved as to form:
/am�esR. True, City Attorney
Exhibit A — Proposed Subdivision Map
Exhibit B— Proposed Illustrative Site Plan
Exhibit C— Proposed Architectural Character Plan
Exhibit D— Proposed Dimensional Allowances and Limitations
Exhibit E— Proposed Heights
Exhibit F- Proposed Setback Plan
Ordinance No.23, Series 2013
Page 15 of 15
FIRST AMENDED FINAL PLAT OF:
SOUTH ASPEN STREET SUBDIVISION/PUD
SITUATED IN SECTION 13,TOWNSHIP 10 SOUTH,RANGE 85 WEST OF THE 6th P.M.
CITY OF ASPEN,COUNTY OF PITKIN,STATE OF COLORADO
SHEET 2 OF
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LIGHTING LEGEND
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EXISTING AFFORDABLE --1 N SHIELDED DOWN UGHT(MALE MWNTEq
GRAVEL / E HOUSING
PAYING A ASPHALT PAVING • SITE STAIR LIGHTING
j I L��j�, (WITH CONCRETE CURB INRO W.1
IFA STREET SPECIALTY PAVING(TBO I • NEW STREET LIGHT
HOUSING ALL UGHTING TO BE PER CITY OF ASPEN LIGHTING
TRASH 'EE�� f REQUIREMENTS
RECYCI G S' V 1 PERVIOUS PAVING
PUD PLAN NOTES. LIGHTING NOTES.
\\1 V RETAINING 1)SEE LANDSCAPE PLAN SHEETS FOR PLANT LIST.
L WALLS 1)SEE CIVIL ENGINEERING SHEETS FOR GRADING INFORMATION,
3)SITE AND EXTER
BUILDING BUILDING LIGHTING TO BE PROVIDED AS REQUIRED BY
—� AFFORDABLE �'. '� 316EF CIVIL ENGINEERING SHEETS FOR UTILITY LOCATIONS. APPLICABLE BUILDING CODES.
HOUSING 3)CONSTRUCTION FENCING TO BE PLACED BY CONTRACTOR AND 3)ALL EXTERIOR FIXTURES TRID
+ GREEN / INSPECTED BV THE CITY OF ASPEN PARKS DEPARTMENT V
SPACE (9>0.920-5120)ALONG PERIMETER OF PROPERTY PRIOR TO 4)NATK)NALAN D LOCAL ELECTRICAL CODES SHALL COVER THE MINIMUM ��•
MOBILIZATION OF EARTHWORK EQUIPMENT. STANOARD OFI RK,IN THE EVENT OF ACONFLICT BETWEEN THESE `•
' DSTALLASANDAPPLIBEMADEINCON CONFORMANCE HECO E.
4)PROTECT ANY TREES LA REMAIN PER CITY OF ASPEN INSTALLATION SMALL IC E C IN CONFORMANCE WITH THE GOOF.
REQUIREMENTS.SEE LANDSCAPE PLAN FOR TREES TO REMAIN
y�`,}ITT AND FOR SPECIFIC TREE PROTECTION INFORMATION. EXTER S)LOCATIONOFFIXTU
SITE SHONE ERIFIE PER RCHITEF
EXTERIOR AND SITE FI%TURFS TO BE VERIFIED PER FINAL ARCHITECTURE
) 5)ALLCONCRETE AND ASPHALT CROW SECTIONS AND AND SITE PLANS.
_ SPECIFICATIONS BY CIVIL ENGINEER.
PARKING 3 __ 6)ALL EXTERIOR FIXTURES TO COMPLY WITH THE ORDINANCE, DARK SKY
FINAL LAYOUT AND DIMENSIONS OEPAVING NALLROAD.WALK. ASSOCIATION AND THE CITY OF ASPEN LIGHTING ORDINANCE.
- - -
AND DRIVEWAY INTERSECTIONS PER CIVIL ENGINEER.
S.GARMISCH Tl FINAL TYPE.LOCATION.AND NUMBER OF LOIN LEVEL EXTERIOR LIGHTING
STREET ]i FINAL LAYOUT DIMENSIONS OF ACCESSIBLE CURB RAMPS TO BE FIXTURES ATOUTDOOR PATIOS AND WALKWAYS TED,
PER CNIL ENGINEER, Ivu
BI EXTERIOR DROP LOCATIONS ARE FOR ILLUSTRATIVE PURPOSES ONLY.
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NOVEMBER 11.2013
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South Elevation
SOUTH ASPEN STREET PUD / SUBDIVISION - AMENDMENT
ASPEN,COLORADO
pQ$$ O a C O N C E P T U A L DESIGN : PARCEL 1, FIVE—PLEX ELEVATIONS 21;
n.a.a•zv.ne s a.,:o,uo .w,x a .._,_. Nov— ,11,2013
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East Elevation """ ° North Elevation
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West Elevation South Elevation
SOUTH ASPEN STREET PUB /SUBDIVISION - AMENDMENT
ASPEN,COLORADO
FOSS «3° °e° C O N C E P T U A L DESIGN PARCEL 1, AHU ELEVATIONS 26I
Novemper 11.2013
East Elevation North Elevation
West Elevation South Elevation
SOUTH ASPEN STREET PUD / SUBDIVISION - AMENDMENT
ASPEN,COLORADO
"" C O N C E P T U A L D E S I G N : PARCEL 1, AHU ELEVATIONS-OPTION 8 30'
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SOUTH ASPEN STREET PUD/SUBDIVISION - AMENDMENT
ASPEN,COLORADO
C 0,N C E P T U A L D E S I G N : PARCEL 2, LOWER TRI-PLEX ELEVATIONS 36
November 11,2013
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East Elevation North Elevation
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West Elevation South Elevation
SOUTH ASPEN STREET PUD / SUBDIVISION - AMENDMENT
ASPEN,COLORADO
pOSS ARCIHI[ECTURE+PLANNING C O N C E P T U A L D E S I G N : PARCEL 2, JUAN ST.AHU ELEVATIONS 33
......a�. Noremper 11,2013
Exhibit D
Approved Dimensions
Lodge Zone Distrlet'
Dimensional Requirement Proposed Standard Requirements
(2000)
For the amended development of Lot 1 and`2
Lot 1 = 42,549 sq. ft.
Minimum Lot Size 6,000 sq. ft.
Lot 2 = 61,969 sq. ft.
1,310 sq. ft. per bedroom
Lot Area/Dwelling Unit (68 bedrooms on 89,127 sq. 1 bedroom per 1,000 sq. ft.
ft. of net lot area for density
calculation of both lots)
Minimum Lot Width Minimum of 60 ft. per lot 60 Feet. - - -
Minimum Front Yard Setback 10 Feet
Per the setback plan provided
Minimum Side Yard Setback as Exhibit F* 5 Feet
Minimum Rear Yard Setback 10 Feet
Per the height plan provided
as Exhibit E, with a maximum
height of 28 feet for the free
Maximum Height market residential 28 Feet
development
Percent Open Space A minimum of 25% 25%
Free-Market= 52,119 sq. ft.
Floor Area Ratio (FAR) Affordable = 17,605 sq. ft. 1:1 or 89,127 sq. ft.
Lot 1 garage = 1,938 sq. ft.
Lodge Zane District
Dimensional Requirement Proposed Standard' Requirements
(2000)
In substantial compliance with
Max. Multi-Family Unit Size the floor plans represented Not applicable in 2000
throughout the public hearing
2 spaces per dwelling unit or
dwelling unit if a
Minimum Off-Street Parking 2 per unit or 28 spaces studio 1 space per r one bedroom
Free- Market
Requirement = 18
19 spaces 2 spaces per dwelling unit or
(4 at grade and 13 in garage 1 space per dwelling unit if a
Minimum Off-Street Parking for Lot I) studio or one bedroom
Affordable
( 2 on Lot 2) Requirement = 22
30 in garage on Lot 1 for Not Applicable
SkiCo
Miscellaneous Off-Street
Parking 4 guest parking spaces in
garage on Lot 1 for residential
component of the PUD
Notes: * A minimum 15 feet setback is required along the shared property line with the Juan
Street Condominums.
- i
27.4- ? T
8' 2 5.
2 3.3'
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HEIGHT ABOVE
EXISTING GRADE
30, ' (B)OPTION B a
EL
` HEIGHT ABOVE 1
PROPOSED GRADE
(B)OPTION B
SOUTH ASPEN STREET PUD / SUBDIVISION - AMENDMENT
- ASPEN,COLORADO
C O N C E P T U A L D E S I G N :OVERALL HEIGHT AT EXISTING INTERPOLATED GRADE
+.u.
No- ,11.2013
LIMITS OF SUBGPADE DETACHED
PARNINO ,_-ATTACHEDCONCRE'IE WALL S'FROM PROPERTY ONE CONCRETE WALL HEgHTN-6'AT WAIL NEIGM H-16 AT POINT WALL HEIGHT H-S
POINT S'-C FROM AT POINT 6 FROM
S ASPEN STREET SIDEWALK SIDEVILK PROPEgtt LINE B'-0•FROMPROPERTYLINE PROPERTY LINE
W✓, Gf LMITSOF—/ _ -- RETAINING
HCCEGy BURGRADE VWLL
PEDESTRIAN I PARKING I
ACCESS VO
PARACIE - I I .AtO WALL;
Y-3•FROM P.L TO
FACE OF WILL
LDVIER
TRIPLEX
I so-
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MIDDLE TRIPLEX N-10 WALL
TRIPLEX
r
I FIVE FLEX I ,.
PARCELS
FARCE}
I
I
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TOP RISER T BITE —
BTAIRTYLINE Ai O��LE S'I'-0' RAEETLLNING %
PROPERTY LINE w S
TRABHI I I b a/.S'W ;30'FRWP.LTO
RE YCLINO
ENCLOSURE I I _ —_ .FB'YWLL;N-1•FROM Fl.
CORNER OF MNLL
OMENSION TOCAN1- _ B11•_— —_ I I -- — TO FACE OFNWLL
ATGRADE LTEOVEF� L
�LMITB ABOVE
OF aF1&'VILL;
1X'-Y 128• OMDE 25-2•FROMP.LTO
SUBORADE PARKING 11�' CORNER OF Vi
S.� DIMENSION
ELEVATOR ATGRADE a1-1BW LL: MATERU-LEGEND
EXISTING / AFHO SpNBLE M-XQ-10'FROM P.L.TO FACE OF
GRAVEL 1 - WALL G CORNER
PAVING % 6 CONCRETE PAVING
TO GANTI IUAN NOTCH TO OF B LEE
_ LEVER STREET NOTCH TO FACE OF WALL
—USING
ASPIIIT PAVING/COHCREIE l:Ufle
GRADE alb WALL;
'? GRADE aAT-0 FROM P L TO FACE OF
WALL SPECIALTY PAVING IT B D I
I' n PERV--PAV NG
AFFORWLE
HOUSING
NOTES:
GREEN 1)WALL HEIGHTS DO NOT INCLUDE GUARD
SAC RAIL DIMENSION.
I RETAINING 2)DIMENSIONS ARE TO FACE OF STRUCTURE
1T-11• woos
T-W WALL;
TRASH/-. r-r FROM PROPERTY LINE TO FACE UNLESS OTHERWISE NOTED.
RECYCLING OF WALL 3)SETBACKS ARE BASED ON CONCEPTUAL
ENCLOSURE _ NOTE;WALLSINTHISAREAARE
SUBIECTTOINTERPRETAPONOF ARCHITECTURAL AND SITE PLANS;ALL
HEIGHT RESTRICTION SETBACKS AS DEPICTED ON THIS SHEET
PA ID 3 AREAPPROXIMATE.
s DAruAlsce
STEET WALLS PARALLEL TO JUAN BT 1 ' '
HELD CK OF T TO THE BUILDING
SETBACK OF THE AH BUILDING
-- FACE W L;aA W-1 FROM P.L TO
FACE OF WALL
®DES16M .;I. SOUTH ASPEN STREET PUD / SUBDIVISION - AMENDMENT •V
ASPEN,COLORADO
O -- CONCEPTUAL DESIGN SETBACKS EXHIBIT PLAN
�/I•10••' NOVEMBER 11,2013 v'
Ad Name: 9263667A LEGAL NOTICE
ORDINANCE#23,2013 PUBLIC HEARING
Customer: Aspen (LEGALS) City of Ordinance#23,Series of 2013,was adopted on
first reading at the City Council meeting June 10,
Your account number: 1013028 2013. This ordinance,if adopted will amend the
existing approvals for South Aspen Street from 14
free market and 17 affordable housing units to 14
free market and 10 affordable housing units on site
plus credits or physical units off site. The public
PROOF OF PUBLICATION hearing on this ordinance is scheduled for June 24,
T A T 2013,at 5 PM,City hall,130 South Galena.
To see the entire text,go to the city's legal notice
website
http://www.aspe n p itkin.com/Departments/C le rk/Le-
gal-Notices/
f you would like a copy FAXed,mailed or e-mailed
21 RIK IMS1 to you,call the city clerk's office,429-2686.
Published in the Aspen Times Weekly on June 13,
2013. [9263667]
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 6/13/2013 and that the last publication of
said notice was in the issue of said newspaper dated
6/13/2013.
In witness whereof,I have here unto set my hand
this 06/25/2013.
]
Jim Morgan,Uenerall Manager
Subscribed and sworn to before me,a notary public
in and for the County of Garfield,State of Colorado
this 06/25/2013.
971aA,j ter. ,6o-t-kcm h
Mary E.Borkenhagen,Notary Public
,,,w,,M,y„Commission expires:September 12,2015
BOR
��': NOT 1G1a
�"'Fxaess 09'11