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HomeMy WebLinkAboutordinance.council.023-03 ORDINANCE NO. 23, (SERIES OF 2003) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) EXEMPTIONS AND SUBDIVISION FOR THE TIPPLE LODGE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2 73 7-182- 73-079 WHEREAS, the Community Development Department received an application from the Aspen Land Fund, LLC (Applicant) requesting Growth Management Quota System Exemptions, Special Review, Insubstantial Amendment, Condominiumization, Subdivision, Timeshare, and Vested Property Rights for construction of two free market units and one affordable housing unit; and, WHEREAS, the Applicant amended their applicatiun proposal during the review process to comply with Exempt Timesharing pursuant to Section 26.590.030 of the Land Use Code; and, WHEREAS, the Community Development Director approved the Insubstantial Amendment and Exempt Timesharing administratively becaUse both requests met the criteria for administrative approvals; and, WHEREAS, the condominium plat will be submitted and reviewed by the Community Development Director upon substantial construction of the project. However, because subdivision approval is required for condominiumization, which would require City Council approval prior to recordation of the condominium plat, the request for subdivision approval for condominiumization is part of this application; and, WHEREAS, Vested Property Rights are administratively approved for three years, per Section 26.308; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Waste District, City Engineering, Building, Fire, Streets, Parks, Housing, Environmental Health, and Water Departments as a result of the Development Review Committee meeting; and, WHEREAS, upon review of the application, referral comments, and the applicable Land Use Code standards, the Community Development Department recommended approval for the proposed land use requests for the Tipple Lodge; and, WHEREAS, the applicant desires to grant to the Aspen/Pitkin County Housing Authority an interest in the affordable housing units subject to the terms and conditions contained herein; and, WHEREAS, the AspergPitkin County Housing Authority has consented to accepting an interest in the affordable housing units on conditions that it be indemnified and held harmless from any claims, liability, fees or similar charges related to ownership of an interest in the property; and, WHEREAS, the City of Aspen / Pitkin County Housing Authority forwarded a unanimous recommendation of approval to City Council to approve the proposed affordable housing unit; and, WHEREAS, the Planning and Zoning Commission approved the request for Special Review via Resolution No. 8, Series of 2003, by a vote of five to zero (5 - 0); and, WHEREAS, the Planning and Zoning Commission forwarded a recommendation of approval via Resolution No. 8, Series of 2003, by a vote of five to zero (5 - 0); to City Council to approve Growth Management Quota System Exemptions, Subdivision and Insubstantial Amendment (which was subsequently approved administratively by the Community Development Director); and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and, NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO ON THE 23rd DAY OF JUNE 2003, THAT: Section 1: Condominiumization of the project to define separate ownership interests of the Tipple Lodge is hereby approved by the City of Aspen, subject to recordation of a condominiumization plat in compliance with the current plat requirements of the City Community Development Engineer (at the time of condominium plat submission). Section 2.'. Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council approves the GMQS Exemptions and Subdivision, subject to the following conditions: 1. The building permit application shall include: a. A copy of the final Ordinance and recorded P&Z Resolution for Special Review. b. The conditions of approval printed on the cover page of the building permit set. c. A completed tap permit for service with the Aspen Consolidated Sanitation District. d. A tree removal permit as required by the City Parks Department and any approval f~om the Parks Department Director for off-site replacement or mitigation of removed trees. e. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage improvements. f. A traffic management plan that addresses issues such as construction worker parking and hauling routes. g. The building permit plans shall demonstrate an adequate fire sprinkler system and alarm system for the new buildings, in the event required by the Aspen Fire Marshal. h. Outdoor lighting plan. i. All uses and construction shall comply with the Aspen Sanitation Districts rules and regulations. j. Subdivision plans shall show water service line easement and a common service agreement shall be submitted. k. Four Peaks/Grand Aspen has been requested to abandon the two water services in Galena St. If the Tipple Lodge development occurs first, the abandonment of the services will be required as part of the Tipple Lodge construction. 1. The applicant shall comply with the City of Aspen Water Systems 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. m. A soils study that includes recommendations for stabilizing the hillside during construction shall be submitted and reviewed by the Community Development Department Engineer. The applicant shall be required to adhere to the recommendations of the study during construction. The applicant shall also provide a copy of the soils study to neighboring property owner Steve Falender. 2. Prior to issuance of a building permit: a. The primary contractor shall submit a letter to the Community Development Director stating that the conditions of approval have been read and understood. b. All tap fees, impacts fees, and building permit fees shall be paid. c. A detailed landscape plan indicating all plantings, species, numbers and locations shall be submitted to and approved by, the Parks Department. d. Any tree to remain on site shall be protected by a construction fence installed at the drip line of any tree to be saved. The city forester or designee shall inspect this fence before any construction activities are to commence. No excavation, storage of materials, storage of construction equipment, construction backfill, foot or vehicular traffic allowed within the drip line of any tree to be saved. e. Applicant shall submit a plan to the Fire Marshall demonstrating adequate fire access for development and surrounding structures during construction. 3. Per the Aspen Pitkin County Housing Authority Board approval of the application on October 16, 2002, the following conditions shall apply: a. The applicant shall provide a one-bedroom deed-restricted affordable housing unit sized at 640 square feet as proposed. b. The applicant shall provide a Category 2 rental unit on-site as proposed. c. Prior to Final Plat approval, the applicant shall propose a construction schedule · for the deed-restricted unit that will coincide with the issuance of building permits on the free market residences. d. The employee to be housed in the deed-restricted unit shall meet the qualification criteria contained within the Aspen/Pitkin County Affordable Housing Guidelines. e. The applicant shall structure a deed restriction for the unit such that 1/10th of 1 percent of the property is deed restricted in perpetuity to the Aspen/Pitkin County Housing Authority; or the applicant may propose any other means or language that the City Attorney determines acceptable. f. The applicant shall provide a rental pricing structure not to exceed the maximum monthly rental rate for a Category 2 unit. g. The deed restriction shall be filed concun:ently with the submission of the condominium map to the City of Aspen and shall state the following three conditions for the rental unit: · The deed restrictions on the affordable housing unit shall be in perpetuity to the rental price terms as defined in the AsperffPitkin County Affordable Housing Guidelines in affect at the time of Final Plan approval of this proposed application. · The unit rental prices shall be no greater than allowed under the Affordable Housing Guidelines that are in affect at the time of Final Plan Approval. · The Housing Office shall qualify all tenants under the Affordable Housing Guidelines. 4. The marketing, sales, management, and operation of the timeshare estates shall comply with the provisions of Sections 26.590.070 F. and 26.590.070 J. of this Code. 5. The applicant shall not submit for a building permit for the Tipple Lodge until they submit a letter to the Community Development Department Director withdrawing their development application for the project known as the Residences at Little Nell, assuming such application is under review by the City at the time. However, the applicant, in their sole discretion, may still record other such documents as may be required to complete the Tipple Lodge approval process (e.g. final plats, subdivision agreement, etc.). Section 3: All material representations and commitments made by the applicant pursuant to this application, whether in public hearings or docUmentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan 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 pounding 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 this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 6: A public hearing on this ordinance will be held at 5:00 p.m. on the 27th day of May 2003 in the City Council Chan~bers, 130 South Galena, Aspen, Colorado INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 28th day of April 2003. Kathryn Ko~, CitfC~rk ' Helen kali~l~aCd'c~d,,,Mayor FINALLY, ADOPTED, PASSED, AND APPROVED this 23rd day of June 2003. City Attorney