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HomeMy WebLinkAboutordinance.council.044-97 ORDINANCE NO. 44 (SERIES OF 1997) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING CONCEPTUAL PLANNED UNIT DEVELOPMENT APPROVAL FOR THE BARBEE PROPERTY, LOTS 1 AND 2 OF BLOCK 11, AND LOTS 1-9 OF BLOCK 5, CITY AND TOWNSITE OF ASPEN, PLUS ADDITIONAL METES AND BOUNDS DESCRIBED PROPERTY WITHIN THE CITY OF ASPEN AND PITKIN COUNTY AS REPRESENTED, PARCEL NO. 2735-131-00-100 WHEREAS, the Community Development Department received an application from Mary Barbee, John Barbee, Hallie Rugheimer, Aspen-Pitkin Employee Housing Inc., applicant, for a Conceptual Planned Unit Development approval on an approximately 17.67 acre parcel of land, described as Lot 1 and 2 of Block 11, and Lots 1-9 of Block 5, City and Townsite of Aspen plus additional metes and bounds within City of Aspen and Pitkin County as represented, for the development of ten new residential units consistent with the Affordable Housing - Planned Unit Development (AHI-PUD) Zone DIstrict; and, WHEREAS, the application was referred to the relevant agencies and the Housing Office, Fire Marshall, Environmental Health Department, Aspen Consolidated Sanitation District, City Engineering Department, Parks Department, and Community Development Department reviewed the proposal and recommended approval with conditions; and, WHEREAS, during a regular meeting on December 2, 1997, the Planning and Zoning Commission recommended, by a 7-0 vote, the City Council approve the Conceptual Planned Unit Development for the Barbee property, with the conditions recommended by the Community Development Department, as amended by the Commission; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified in Sections 26.52, and 26.84, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director, and the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the 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 Council finds that this Ordinance furthers and is necessary for public health, safety, and welfare. ~~ Ordinance No. 44, Series 1998 Page 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1: Pursuant to Sections 26.52, and 26.84, and subject to those conditions of approval as specified hereinafter, the City Council hereby grants Conceptual Planned Unit Development approval for the Barbee Property, as described. Section 2: Conditions of Approval: 1. The Application for Final approval shall include the following: a) A land use application for Annexation, Final PUD, Subdivision, Rezoning, Special Review for parking, 8040 Greenline Review, a Growth Management Exemption, and any Park or other fees requested to be waived. b) A certified Site Improvement Survey of the property. All calculations shall be adjusted to reflect this site information. c) All legal instruments associated with the Conservation parcel and easements on proposed Lot 1. d) An air quality mitigation plan. The applicant is encouraged to develop this plan with the Environmental Health Department. e) A landscape plan or landscape guidelines for the entire development that is relatively consistent from parcel to parcel. The intent ofthis provision is to ensure a level of quality, not to limit creativity. All exterior lighting should be downcast and not used to call attention to landscape features. For the proposed free-market lots, Lots 2,3, & 4, assurance that when developed the landscape will be generally harmonious with the affordable lots shall be sufficient to meet this requirement. f) Architectural plans or architectural guidelines addressing how the proposed structures will respect the proportions, massing, and materials appropriate for residential development in the City of Aspen. The City's Residential Guidelines, as amended, should be used as a base. 2. The applicant shall provide a street light near the vehicular entrance to the development. The standard for this light shall be reviewed and approved by the City Engineer. 3. The applicant is strongly encouraged to protect the existing shed north of the existing parking pad (approximately lot 4 of Block 5). The structure could be preserved permanently on-site as a cultural landscape feature, preserved temporarily on-site until development and moved to a receiving site, or the facades could be incorporated into the Garmish Street side of the carport structure. 4. The applicant shall involve the Planning, Parks, Streets, and Engineering Departments in designing the edge of the roadway and any street, sidewalk, drainage improvements that may be necessary. The storage of plowed snow shall be considered when locating the sidewalk, street trees, and street light. The applicant is encouraged to consider a roll curb or drainage swale as a less urban solution to the standard curb and gutter. Ordinance No. 44, Series 1998 Page 2 -~~ 5. The applicant shall grant an easement to the Aspen Consolidated Sanitation District for access to the existing manhole on proposed Lot # 1. 6. The applicant should be aware of the following conditions that are generally associated with final approvals: a) Prior to issuance of a building permit the applicant will be required to gain approval for a line extension request, a collection system agreement, and possibly a shared service agreement for the duplexes from the Aspen Consolidated Sanitation District. Also, landscape improvements are reviewed to ensure reasonable access to maintain the public system. b) The applicant shall submit a drainage report prior to issuance of a building permit to ensure that no sediment loaded drainage will be leaving the property during and after construction. c) Prior to issuance of a building permit, the applicant shall submit a fugitive dust control plan. d) Prior to issuance of a building permit, the applicant shall gain the necessary permits from the Environmental Health Department for any fireplaces or woodbuming devices. e) Prior to issuance of a building permit, the applicant shall complete and record an agreement to join any future improvement districts for the purpose of constructing improvements which benefit the property under an assessment formula. f) Prior to issuance of a building permit, the applicant shall submit GIS data including property lines, building footprints, easements, and encroachments. g) Prior to issuance of a certificate of occupancy, the applicant shall repair any public right-of-way damaged during construction. h) All utility meters and any new utility pedestals or transformers must be installed on the applicant's property and not in any public right-of-way. Easements must be provided for pedestals. All utility locations and easements must be delineated on the site improvement survey. Revisions to utility locations and easements must be delineated on a revised site improvement survey prior to issuance of a certificate of occupancy. Meter locations must be accessible for reading and may not be obstructed. i) The applicant must receive approval for any work within public rights-of-way from the appropriate City Department. This includes, but is not limited to, approval for a mailbox and landscaping from the City Streets Department. . 7. One of the R.O. lots would be provided to a member of the Barbee family, should that family member qualify for an R.O. unit. Ifno member of the Barbee family qualifies, the Barbee family would be paid $130,000 for that lot, and the lot would be retained by APEHI. 8. The remaining two R.O. lots, and the land for the Category units, would be retained by APEHI. The Housing Office will work with the non-profit to determine the the final price of the R.O. lots and Category units, based on the final costs of the development and the appropriateness at that time of additional subsidy, subject to review by Council. ---~ Ordinance No. 44, Series 1998 Page 3 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 Planning and Zoning Commission, and or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions. 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 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 6: 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 7: A public hearing on the Ordinance shall be held on the 12th day of January, 1998 at 5:00 in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 15th day of December, 1997. Approved as to form: Approved as to content: '//~~/d?~ ~orney ~ IJ~~ John ennett, Mayor .--~, Attest: ~~ Kathryn S. ch, City Clerk . Ordinance No. 44, Series 1998 Page 4 FINALLY, adopted, passed and approved this ~ day ~ Approved as to form: Approved as to content: .~P"~ Cl mey ~ t~~~- John dennett, Mayor Attest: Ordinance No. 44, Series 1998 Page 5