HomeMy WebLinkAboutordinance.council.007-02 ORDINANCE No. 7
SERIES OF 2002
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE FINAL
PLANNED UNIT DEVELOPMENT APPLICATION INCLUDING
SUBDIVISION, CONDOMINIUMIZATION, MOUNTAIN VIEW PLANE,
SPECIAL REVIEW, GROWTH MANAGEMENT QUOTA E~MPTIONS
(GMQS), 8040 GREENLINE REVIEW, AND REZONING FOR THE TOP OF
MILL SITE TO LODGE / TOURIST RESIDENTIAL pUD AND
CONSERVATION, LOT $ OF THE ASPEN MOUNTAIN SUBDIVISION / PUD,
CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLO~O
PARCEL NO. 2737-182-85-003
WHEREAS, the Community Development Department received an application
from Top of Mill Investors, LLC c/o Four Peaks Development, LLC (Applicant),
represented by Vatm Associates, requesting Final Planned Unit Development (PUD)
approval for Lot 3 of the Aspen Mountain Subdivision / PUD (hereinafter "AMPUD");
and
WHEREAS, Top of Mill Investors, LLC c/o Four Peaks Development, LLC
requested specific land use approvals as part of the Final PUD including Final PUD
Development Plan, Subdivision, Condominiumization, Mountain View Plane, Special
Review, GMQS Exemption, 8040 Greenline Review, and Rezoning; and
VqHEREAS, Savanah Limited Partnership, owner at the time of Lot 3 of
AMPUD, received Conceptual PUD approval from City Council for AMPUD on
December 6, 1999 which is memorialized through Resolution No. 93, Series of 1999; and
WHEREAS, Top of Mill Investors, LLC, received an Amended Conceptual
Approval from City Council for Lot 3 AMPUD on May 29, 2001 which is memorialized
through Resolution No. 50, Series 2001; and
WHEREAS, the Housing Office, the City Zoning Officer, the City Engineer, the
Parks Department, Aspen Consolidated Sanitation District, the Environmental Health
Department, the City Fire Department, the City Streets Department, the City Parking
Department, the City Water DeparWaent, and the City Electric Department reviewed the
development proposal for Lot 3 and provided written referral comments as a result of the
Development Review Committee meeting; and
WHEREAS, the Applicant appropriately applied for specific land use approvals
pursuant to the June 1996 reprint of Title 26, Land Use Regulations, of the 1995 Aspen
Municipal Code for the Final PUD for Lot 3 AMPUD including Final PUD Development
Plan, Subdivision, Condominiumization, Mountain View Plane, Special Review, Growth
Management Quota. Exemptions, 8040 Greenline Review, and Rezoning; and
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WHEREAS, pursuant to Section 26.304.060 of the Land Use Code, and in
consultation with the applicant, the Community Development Director has permitted a
modification in review procedures to combine the Final PUD Development Plan,
Subdivision, Condominiuntization, Mountain View Plane, Special Review, GMQS
Exemption, 8040 Greenline Review, and Rezoning review for the purposes of ensuring
economy of time and clarity; and
WHEREAS, such review procedure modification has not lessened any public
hearing noticing or any scrutiny of the project as would otherwise be required; and,
WHEREAS, upon review of the application, referral comments, and the
applicable Land Use Code standards, the Community Development Director
recommended approval of the Final Aspen Mountain PUD land use requests for Lot 3
with conditions; and
WHEREAS, the Planning and Zoning Commission forwarded a recommendation
of approval to the City Council, by a vote of four to one (4 - 1), Final PUD Development
Plan, Subdivision, Condominiunfization, Mountain View Plane, Special Review, GMQS
Exemption, 8040 Greenline Review, and Rezoning for Lot 3 AMPUD; and
WHEREAS, this ordinance, as adopted, incorporates all the relevant and applicable
conditions of approval formerly contained in Resolution No. 93, Series of 1999 granting
Conceptual PUD Approval to Lot 3 AMPUD by City Council and ResolUtion No. 50, Series
of 2001 granting Amended Conceptual PUD Approval to Lot 3 AMPUD by City Council
hereby allowing this ordinance to supersede those resolutions regarding the conditions of
approval as stated herein; and
WltEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the applicable Municipal Codes as identified
herein, has reviewed and considered the recommendation of the commurfitY Development
Director, the Planning and Zoning Commission, the Aspen / Pitkin County Housing
Authority, the applicable referral agencies, and has taken and considered public comment at
a public hearing; and
WItEREAS, the City of Aspen City Council finds that the development proposal
meets or exceeds all applicable development standards and that the approval of the
development proposal, with conditions, is consistent with the goals and elements of the
Aspen Area Community Plan; and
WHEREAS, the City of Aspen City Council hereby approves, by a vote of five to
zero (5 - 0), a Final PUD Development Plan, Subdivision, Condominiumization,
Mountain View Plane, Special Review, GMQS Exemption, 8040 Oreenline Review, and
Rezoning for Lot 3 AMPUD; and
WHEREAS, the City of Aspen City Council finds that this Ordinance furthers and
is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE ASPEN CITY COUNCIL AS
FOLLOWS:
Section 1
Pursuant to this Ordinance and consistent with condition no. 3~ of Resolution No. 93,
Series of 1999, the City Council approves the allowable FAR for each Lot 3 parcel and
allocated as shown in the matrix below.
Parcel 1 27,000 square feet of FAR
Parcel 2 8,000 square feet of FAR
Parcel 3 9,000 square feet of FAR
Parcel 4 6,200 square feet of FAR
Parcel 5 5,200 square feet of ~-R
Parcel 6 5,200 square feet of FAR
Parcel 7 6,500 square feet of FAR
Parcel 8 6,500 square feet of FAR
Parcel 9 No FAR shall be allocated to this parcel.
Section 2
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal
Code, the requests for the Final PUD including Final PUD Development Plan,
Subdivision, Condominiumization, Mountain View Plane, Special Review, GMQS
Exemption, 8040 Greenline Review, and Rezoning for Lot 3 of AMPUD is hereby
approved with the following conditions:
1. The development shall comply with the most recent municipal engineering practice
standards and the "Best Management Practices" (BMPs) identified for water quality
control requirements.
2. Regarding the concerns associated with the type of units of the four (4) deed-restricted
multi-family housing units on Parcel 2, should it not be Possible to change the unit type,
Staff recommends the ApPlicant meet with Housing Authority Staff to maintain the
average of the Category 2, but to price one of the three bedroom units between Category
1 and 2, and to price the 4-bedroom unit between Category 2 and 3, and market as a
Category 3.
3. Three of the units on Parcel 2 shall be distributed and sold under the general lottery
through the Housing Office. The Applicant shall be able to choose a buyer for one of the
units. However, the buyer must be a fully qualified employee under the category for the
unit chosen by the applicant; i.e., the potential buyer must meet income and asset
requirements, meet minimum occupancy, not own any other property in the Roaring Fork
Drainage System, and have worked in Pitkin County 1500 hours per year for the last four
years.
4. The Applicant shall submit Infrastructure and Removal of Fill Material Permits for Lot 3
AMPUD within 30 (30) days after recordation of all Final PUD documents. The
Applicant may submit building permit applications at the Applicant's discretion, but no
sooner than the issuance of a building permit for the Bavarian Inn affordable housing
project. The Applicant shall be eligible for a Certificate of Occupancy for the free market
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multi-family units on Parcel 1 only after a Certificate of Occupancy has been issued for
the affordable housing units on Parcel 2. The Applicant shall be eligible for a Certificate
of Occupancy for the Frae Market Duplex on Parcel 3 and the single-family units to be
constructed on Parcels 4, 5, 6, 7, and 8 no sooner than the receipt of a Certificate of
Occupancy for an on-site accessory dwelling unit or upon the full payment of the
applicable affordable housing impact fee.
5. The accessory dwelling units (for Parcels 4 - 8) shall abide by the regulations in the Land
Use Code in effect at the time of building permit application and further defined in the
Aspen/Pitkin County Housing Guidelines. Should an accessory dwelling unit not be
provided on Parcels 4 through 8, a payment-in-lieu fee shall he provided in the amount
required in the Guidelines at the time of building permit approval.
6. At the time of Certificate of Occupancy, a site visit shall be conducted on the deed-
restricted units.
7. Since the "for-sale" affordable housing units are to be developed on a separate parcel,
Parcel 2, a separate homeowner's associhtion shall be established for the affordable
housing portion of the development.
8. The Applicant shall include appropriate language in the Final PUD A~'eement for Lot 3
and it's associated condominium (or planned community) documentation regarding the
separate homeowner's association for Lot 3 (to be reviewed and approved by Staff) that
ensures that the four (4) "for-sale" affordable housing units to be developed on Parcel 2,
shall comply with the representations made in the application, adhere to the conditions of
this Final PUD Approval, and comply with the required deed restrictions as administered
by the Aspen / Pitkin County Housing Authority so that the Owners of said units shall not
be unduly burdened by a disproportionate share of responsibilities associated with the
master homeowner's association or other homeowner associations established for the
free market residences on parcels 1 and 3 - 8.
9. Erosion control plans, including potential natural resource protection structures, and a
detailed plan for irrigation systems and other plantings within the City of Aspen right-of-
way shall be submitted by the Applicant to the Parks Department for approval prior to the
application of building permits. Separate erosion control plans shall be submitted by the
owners of each parcel prior to the issuance of a building permit for their respective
parcels.
10. The Applicant shall construct the "Aspen Mountain Trail" which traverses the adjacent
Open Space Parcel "B" according to City of Aspen standards during the completion of
this project. This trail improvement shall meet engineering specifications as defined by
the City of Aspen Parks Department including a crusher fines trail surface, a width of
four feet, a trail sign located at the entrance of each trail identifying trail name and public
access, and the sign shall be designed and built to match the character of the
neighborhood. The Applicant shall submit a detailed plan for trail design and drainage.
Parks Department requests the applicant field stake the trail. The Applicant shall be
required to have the trail improvement completed and inspected to the satisfaction of the
Parks Department prior to the receipt of a Certificate of Occupancy for the free market
triplexes on Parcel 1.
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11. The Applicant shall formally establish the Top of Mill Trail across Lot 3 AMPUD. This
trail shall have a legal description, be shown on the Final Plat, and be dedicated/conveyed
to the City of Aspen. Further, the Applicant shall memorialize in the Final PUD /
Subdivision Agreement for Lot 3 and associated condominium (or planned community)
documents, the obligation by the master homeowner's association or Applicant to
improve the Top of Mill Trail, at such time the connection is realized, pursuant to the
Parks Department's design criteria. If the trail has not been improved to the satisfaction
of the Parks Department within 5 years of the recordation of the Final Plat for AMPUD
Lot 3, the master homeowner's association for Lot 3 shall make a cash payment to the
City of Aspen equal to a sum defined by the Parks Department for the improvement of
the trail.
12. Fire sprinklers and alarm systems shall be installed in all the proposed buildings on Lot 3
as required by the City of Aspen Fire Marshal. Appropriate "booster pumps" (if required)
rather than pressure tanks for the sprinkler system shall be used to gain the necessary
water pressure as required by the City Fire Department. The owner of each parcel shall be
responsible for ensuring that any buildings constructed thereon shall comply with this
condition of approval. In addition, the Applicant shall submit a fire safety plan for the
demolition to be preformed by the Applicant of the existing structures and the
construction of the proposed development of Lot 3 to the Engineering Department at the
time of building permit application.
13. The Applicant shall execute a "Line Extension Request" and a "Collection System
Agreement" with Aspen Consolidated Sanitation District (ACSD) prior to building
permit application. In addition, forty percent (40%) of the estimated total connection fees
must be paid to ACSD by the applicant for service lines that are to be stubbed off the
main line into the specific parcels of this development.
14. The Applicant shall be required to show to the ACSD all service locations at the station
numbers on the final utility plans for this development prior to building permit
application. Additionally, the Applicant shall indicate to the ACSD if main line
easements in the ROW are to be dedicated by plat or by description.
15. The Applicant shall record the approved condominium (or planned community)
subdivision plat for Parcels I, 2, and 3 of AMPUD Lot 3 in the office of the Pitkin
County Clerk and Recorder within one hundred eighty (180) days of its approval by the
Community Development Director. Failure on the part of the Applicant to record the plat
within one hundred eighty (180) days following approval by the Community
Development Director shall render the plat invalid and a new application and approval
will be required.
16. The Applicant shall record a PUD Agreement and the Final PUD Plans within 180 days
of the final approval by City Council with the Pitkin County Clerk and Recorder binding
this property to this development approval.
17. The development of the free market single-family dwellings proposed for Parcels 4 - 8 of
AMPUD Lot 3 shall be subject to a site and design specific 8040 Cn'eenline Review prior
to their development. These Parcels shall only be required to respond to review standards
26.68.030 (C)(3) and 26.68.030 (0)(7); this resolution approves Parcels 4- 8 regarding
8040 Greenline Review Standards 26.68.030 (C)(1, 2, 4, 5, 6, 8, 9, 10, and 11) thereby
precluding any further review of the same standards as indicated.
18. The owner of each parcel shall pay the required School Land Dedication Fee to the City
of Aspen, which is due and payable at the time of building permit application for the
development of its parcel. This fee shall be assessed at the rate of the regulations and
calculations in effect at the time of the building permit application.
19. The owner of each parcel shall pay the required Park Development Impact Fee to the City
of Aspen, which is due and payable at the time of building permit application for the
development of its parcel. This fee shall be assessed at the rate of the regulations and
calculations in effect at the time of the building permit application.
20. The Applicant shall record the appropriate deed restrictions for Parcel 9, containing the
six-space enclosed parking garage, requiring that the lot remain for parking purposes only
as part of the Summit Place Condominiums project.
21. It is understood that upon approval of this Final PUD, all remaining residential credits
associated with the AMPUD are hereby extinguished.
22. The Applicant shall be required to submit detailed "cut sheets" for the proposed lights on
Lot 3 AMPUD indicating the correct lumens on the lighting plan as part of the detailed
building set to be examined during building permit review.
23. The Applicant shall work closely with the City of Aspen Engineering Department to
ensure the access point from Parcel I on Lot 3 adequately provides for a left turn onto
South Mill Street.
24. While the development proposal meets virtually all of the proposed underlying L/TR and
Conservation zone districts' dimensional requirements, this Ordinance approves the
following modifications of the dimensional requirements:
a. Maximum Lot Size for Parcel 3 is 15,170 sq. ft.
b. Maximum Lot Size for Parcel 4 is 12,278 sq. ft.
c. Maximum Lot Size for Parcel 5 is 10,593 sq. ft.
d. Maximum Lot Size for Parcel 6 is 9,825 sq. ft.
e. Maximum Lot Size for Parcel 7 is 17,669 sq. ft.
f. Maximum Lot Size for Parcel 8 is 18,756 sq. ft.
g. Minimum Lot Size for Parcel 9 is 2,745 sq. ft.
h. Minimum Lot Size for Open Space Parcel B is 49,446 sq. ft.
i. Minimum Front Yard Setback for Parcel 9 is 8 feet
Minimum East Side Yard Setback for Parcel 9 is 3 feet
k. Minimum West Side Yard Setback for Parcel 9 is 3 feet
Minimum Rear Yard Setback for Parcel 9 is 3 feet
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Section 3
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 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 an authorized entity.
Section 4
This Ordinance shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now Pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 5
If any section, subsection, sentence, clause, phrase, or portion of th~s 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 6
A public hearing on this Ordinance was held on the 11t~ day of March at 5:00 pm in the
Council Chambers Room, Aspen City Hall, Aspen Colorado, fifteen (15) daYs prior to which
hearing a public notice of the same was published in a newspaper of general circulation
within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
COuncil of the City of Aspen on this 25th day of February, 2002.
Clerk Helen l~ahn ~l~de~d
, Mayor' .s -
adopted, passed and approved this 11th Day of March, 2002.
Clerk Hele~ l{alfn~Kla~'~} Mayor
I
City Attorney