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HomeMy WebLinkAboutordinance.council.08-26RECEPTION#: 716604, R: $43.00, D: $0.00 DOC CODE: ORDINANCE Pg 1 of 8, 05114/2026 at 09:59:15 AM Ingrid K. Grueter, Pitkin County, CO ORDINANCE #08 (SERIES OF 2026) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING WITH CONDITIONS A REZONING, AFFORDABLE HOUSING SPECIAL REVIEW, GROWTH MANAGEMENT QUOTA SYSTEM REVIEW, MAJOR PUBLIC PROJECT, AND TRANSPORTATION AND PARKING MANAGEMENT REVIEW FOR THE CONSTRUCTION OF A 60-UNIT AFFORDABLE HOUSING DEVELOPMENT AT THE PROPERTY COMMONLY KNOWN AS 1301 EAST COOPER AVENUE; LEGALLY KNOWN AS, A PARCEL OF LAND BEING A PART OF THE RIVERSIDE ADDITION TO THE CITY AND TOWNSITE OF ASPEN, COLORADO... (FULL LEGAL DESCRIPTION FOUND IN EXHIBIT A) COUNTY OF PITKIN, STATE OF COLORADO. Parcel ID: 2737-181-00-047 WHEREAS, the Community Development Department received an application from Aspen Valley Hospital District, a Colorado Special District, Aspen Valley Health, 401 Castle Creek Road, Aspen, CO 81611 (Applicant) requesting approval for the following land use review approvals: • Amendments to the Official Zone District Map: Rezoning pursuant to Land Use Code Section 26.310; and, • Special Review: Affordable Housing Unit Standards pursuant to Land Use Code Section 26.430; and, • Growth Management Review pursuant to Land Use Code Section 26.470; and, • Major Public Projects pursuant to Land Use Code Section 26.500; and, • Transportation and Parking Management pursuant to Land Use Code Section 26.515; and, WHEREAS, the application for development proposes demolishing the existing structures on site and developing an Affordable Housing development consisting of 60 affordable housing units spread out over seven buildings on site; and, WHEREAS, the Community Development Department Staff reviewed the application for compliance with the applicable review standards; and, WHEREAS, the Development Review Committee, consisting of the Aspen Consolidated Sanitation District, City Engineering, the Building Department, the Environmental Health Department, the Parks Department, the Aspen/Pitkin County Housing Authority, and the Utilities Department provided referral comments to the Community Development Department; and, WHEREAS, the City of Aspen Planning and Zoning Commission reviewed and 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 on March 4, 2026; and, Council Ordinance #08, Series of 2026 Page 1 of 8 WHEREAS, on March 41h, 2026, the City of Aspen Planning & Zoning Commission found that the proposed development meets the applicable review criteria, and that approval of the requests is consistent with the goals and objectives of the Land Use Code, and voted to approve Resolution #03, Series of 2026, by a four to two (4-2) vote, recommending approval of the Applicant's requests for Major Public Project, Rezoning, Special Review, Growth Management Quota System Review, and Parking and Transportation Management; and, WHEREAS, the City of Aspen City Council has reviewed and considered the Applicants' requests under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the Planning and Zoning Commission, the applicable referral agencies, and has taken and considered public comments at a public hearing; and, WHEREAS, the Aspen City Council reviewed the application at a regular meeting on March 24, 2026 and approved Ordinance #08, Series of 2026 in a five to zero (5 — 0) vote at First Reading; and, WHEREAS, the Aspen City Council reviewed the application at a regular meeting on April 14, 2026 and approved Ordinance #08, Series of 2026 in a five to zero (5-0) vote to approve the project with conditions; and, WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED, THE ASPEN CITY COUNCIL APPROVES THE PROJECT SUBJECT TO THE FOLLOWING REVIEWS AND CONDITIONS: Section 1: Approved Dimensional Standards: The Commission recommends approval to develop the Aspen Valley Health — Beaumont parcel based upon the following dimensional standard representations: Dimensional Standards Table Dimensional Representations Total: 60 units 1 Bedroom Units — 57 units Units* 2 Bedroom Units — 3 units 32,613 sq ft of calculated floor area Floor Area** 26-30.5 ft. Building Heights Council Ordinance #08, Series of 2026 Page 2 of 8 b. Adjustments to East of Aspen Trail and adjacent retaining features within the perpetual trail easement area and adjoining right-of-way shall be coordinated with the Parks and Open Space Department prior to the issuance of a building permit application. 2. The Parks and Open Space Department requests a reduction in width of the East of Aspen Trail crossing to improve safety for the traveling public. a. The applicant shall adhere to City of Aspen Concrete Trail Specifications for new concrete trail segment to be tied into East of Aspen Trail. b. The applicant shall adhere to City of Aspen Asphalt Trail Specifications for the replacement of all asphalt trail surfaces disturbed along East of Aspen Trail. i. Full depth asphalt replacement along the East of Aspen Trail adjoining the Beaumont property is scheduled to occur in Summer 2026. 3. The applicant shall identify an e-bike charging station location with adequate clearance and separation from East of Aspen Trail. a. Clarify proposed footprint and proposed quantity of docking points. b. Is the proposed e-bike charging station location also anticipated to function as a concrete sidewalk and pathway into and out of Building Two? Section 4: Engineering & Transportation Department Conditions of Approval: 1. The City of Aspen recognizes past and ongoing efforts of Aspen Valley Health to minimize its transportation impacts within the community. The installation of conventional and electric bike parking as shown on the proposed site plan, the implementation of a shuttle van to assist residents of this project with transportation to and from the Hospital, and a one-time monetary contribution towards a rapid flash upgrade to the pedestrian crossing on SH82 accessing the RFTA bus stop are all excellent contributions to mitigating the vehicle trips on site. This monetary contribution is limited to the costs of the initial physical infrastructure (signs, posts, lights, conduit, controller, controller cabinet, and high -contrast striping) and not the costs related to permitting or constructing the improvement, importing power, drainage or grading improvements, cutting or replacing concrete/asphalt, installing and programming the system, or the costs of ongoing maintenance and operations of the system. If a rapid flash crossing cannot be implemented, Aspen Valley Health shall provide a one-time cash -in -lieu payment to the City of Aspen, in an equivalent amount, for use by the City of Aspen to improve pedestrian safety in proximity to the project site. The City of Aspen accepts these efforts, and the efforts outlined in the applicants submitted TIA, as satisfying the required Transportation Impact Analysis mitigation requirements of 31.15 vehicle trips. 2. The Beaumont Housing development must comply with Chapter 25 of the Municipal Code and the most recent version of the Water Distribution Standards. The development shall enter into a Memorandum of Understanding with the City of Aspen Utility department for the procurement of necessary water modeling for the expansion of the water distribution system. All necessary water modeling and fire suppression calculations must be submitted to and approved by the Utility Department prior to the application for building permit. The final design and alignment, construction sequencing, testing, and commissioning of any Council Ordinance #08, Series of 2026 Page 4 of 8 Front: 5 ft Sides: 5+ ft Setbacks Rear: 5+ ft Required: 63 Parking Units Proposed On -site: 58 Parking Spaces The remainder of the 5 parking units shall be met by either off -site parking units, additional TIA measures over the required amount of 31.15 trips, or a fee - in -lieu payment per parking unit not Parking provided. 31.15 vehicle trips required to be Transportation mitigated, See Section 4 of this Mitigation Ordinance. * - Minor unit configuration changes may be allowed at building permit provided that the overall total of units does not exceed 60 units. ** - These dimensions shall have up to 10% flexibility as part of the approved dimensional standards — dimensions are approximate and may vary during design development. All requirements are proposed to meet the RMF Zone District Standards unless otherwise varied. Section 2: Aspen Pitkin Countv Housing Authoritv Conditions of Annroval: 1. Approval of the project as proposed. Although some of the units are smaller, they all come within 16 sq. ft. of meeting the 20% reduction limitation. Also, some of the units are more than 50% below grade. With the windows, private deck, or patio, in -unit washer/dryers, along with the other improvements, APCHA recommends approval of the units as proposed. 2. APCHA recommends that the 20 units that are below the minimum square footage be deed restricted at a lower category — Category 2 or 3. This does not affect the employee that AVH would want to rent the unit to as the Regulations now allow for an employer to place an employee at a higher category into a lower category unit as long as the employee works for that employer, but is held to the rental rate for the category. 3. A deed restriction shall be recorded prior to Certificate of Occupancy. The deed restriction shall be in a form approved by the City Attorney. 4. All tenants must be approved by APCHA prior to move in. Section 3: Parks Department Conditions of Approval: 1. The applicant shall coordinate East of Aspen Trail impacts with the Parks and Open Space Department prior to the submission of a building permit application and throughout construction activity. a. An East of Aspen Trail Detour Plan to accommodate all construction activities which warrant full and partial closures of East of Aspen Trail shall be submitted and approved by the Parks and Open Space Department prior to the issuance of a building permit application. Council Ordinance #08, Series of 2026 Page 3 of 8 new water main line cannot be done without the approval of the City of Aspen Utility Department. The development will be required to provide as -built drawings and easements of a new water main in accordance with the Water Distribution Standards. 4. Full fire suppression calculations prepared by a fire suppression system designer are required for any service line proposed over 2". Fire flow calculations must be done to verify water main capacity. 5. The water main must be Ductile Iron Pipe. The water main must be looped. The water main connection points must all be a 3-valve complex. This should be reflected in the plans. 6. An 1OftxIOft easement is required for the fire hydrant. A 3-valve complex is required for the fire hydrant tie in. 7. The proposed water line easement language should be finalized and recorded after water line installation and commission and before Certificate of Occupancy. 8. Confirm there is no covered parking over the proposed City of Aspen Water Main. No encroachments into the Water Main Easement will be permitted. 9. All installation, testing, and as -built requirements must be met to the satisfaction of the City of Aspen Utility Department and completed according to the most recent version of the Water Distribution Standards. 10. There shall only be one combined domestic and fire suppression tap in the water main. The water service line shall not be split until after the entry point into the building according to the City of Aspen Water Distribution Standards. 11. The entrance driveway should be considerably narrower. The drive aisle is 24', 3ft wings on either side is appropriate for curb return. The curb cut into HWY 82 should be a total of 30ft. Excessive width is a risk factor for pedestrians using the trail. The existing curb cut is dimensionally appropriate. 12. Demonstrate that a standard garbage truck is able to pick up trash even if cars are occupying all of the spaces. 13. The existing We -Cycle station should remain, but any new location should be in full compliance with applicable codes. The number of bike slots shall not be reduced. 14. Any boulder walls outside of private property will require a Permanent Revocable Encroachment License. It must be shown that these walls are required for use of the property. Any new retaining walls over 4ft in total height will require a plan and stamp from a registered structural engineer. Section 5: Zoning Department Conditions of Approval: 1. As the proposed project is meeting the requirements of underlying zoning, there is no need at this time for variations or variances from the Land Use Code. Provisions related to dimensional limitations, lighting, landscaping, and other common development standards specific to Title 26 shall show conformance during building permit review. This includes updating items that the Zoning Department included in the Land Use Referral comments such as subgrade calculations, floor area calculations, height measurements, and other referral comments. Section 6: Building Department Conditions of Approval: Council Ordinance #08, Series of 2026 Page 5 of 8 1. The applicants shall comply with all applicable adopted regulatory plans and documents; including but not limited to the 2021 IBC, adopted energy codes, and accessibility requirements prior to building permit issuance. Section 7: Vested Rights: The development approvals granted herein shall constitute a vested property right attaching to and running with the lot for a period of three (3) years from the date of issuance of a development order. 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 right. Section 8: Material Representations 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 City Council, are hereby incorporated in such site development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 9: Existing Litigation 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 10: Severability 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. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 24th day of March, 2026. Attest: r Nicole Henning, City elerk RJel Richards, Ma r FINALLY, adopted, passed and approved this 14th day of April, 2026 Attest: Nicole Henning, City CVrk Council Ordinance #08, Series of 2026 Page 6 of 8 Approved as to form: *.aharine A. J son, City Attorney Exhibits: Exhibit A: Full Legal Description Council Ordinance #08, Series of 2026 Page 7 of 8 Exhibit A: Full Legal Description A PARCEL OF LAND BEING A PART OF THE RIVERSIDE ADDITION TO THE CITY AND TOWNSITE OF ASPEN, OOLORAOO'SAID PARCEL |8MORE FULLY DESCRIBED ASFOLLOWS: BEGINNING ATAPOINT BEING APLASTIC CAP DNANO. 5REBARSTAMPED LG.2376WHENCE CORNER 8OFTHE RIVERSIDE PLACER U.S.M.S.NO. 3905&M.BEING ABRASS CAP DATED 1gG4BEARS N85"O8'VVEST544.U5FEET; THENCE NORTH 15"41'VVESTA2.O8FEET' . THENCE NORTH 14"O8'59^WEST 122.O2FEET' . THENCE NORTH 13"1332'EAST 48.54FEET; THENCE NORTH 78"22'05"EAST 83.31FEET; THENCE NORTH O7"34'04''EAST 5G.45FEET' . THENCE NORTH G8"24'15"EAST Q7.55 FEET' THENCE SOUTH 50"37'EAST77.7GFEET' ' THENCE SOUTH 34"21'EAST15O.U8FEET; THENCE 93.50 FEET ALONG A CURVE TO THE RIGHT HAVING THE RADIUS 760.00 FEET (THE CHORD OFWHICH BEARS SOUTH 24"03'EA8T93.00FEET); THENCE SOUTH 77"45'SD^WEST 235.32FEET T2THE POINT OFBEGINNING. COUNTY DFPITKN STATE OFOOUJRADD Council Ordinance #O0,Series of 2026 Page 8 of 8