HomeMy WebLinkAboutordinance.council.021-03Ordinance No. 21
SERIES OF 2003
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING A
CONSOLIDATED CONCEPTUAL / FINXL pLANNE~ UN~ ~E~LOPMENT,
SUBDIVISION EXEMPTION, REzoNING T° AH)PUI~8040 ~G~E~iN~, GMQs
EXEMPTION, SPECIAL REVIEW AND WAIVER OF THE RESIDENTIAL DESIGN
STANDARDS FOR THE LITTLE AJAX HOUSING PROJECT LOCATED ON THE 600
BLOCK OF HOPKINS AVENUE
Parcel No. 2735-124-00-003
WHEREAS, the Community Development Director received an application from Aspen
GK, LLC, owner, represented by Joe Wells, for a Consolidated Conceptual / Final Planned Unit
Development approval for an affordable housing project at the 600 block of West Hopkins
Avenue, City of Aspen; and
WHEREAS, the owner renamed the project which received Conceptual Planned Unit
development approval from "New West Hopkins Affordable housing Project" to "Little Ajax
Housing Project" for this Consolidated Conceptual and Final PUD; and
WHEREAS, the owner of the "Little Ajax Housing Project" requests additional land use
approvals including Subdivision Exemption, Rezoning to AH/PUD, 8040 Green line Review,
GMQS Exemptions, Residential Design Standards Review, and Special Review as part of the
Planned Unit Development review for this project; and
WHEREAS, the subject property is approximately 53,187 sq. ft. is located partially in
the City of Aspen and partially in Pitkin County (currently under petition for annexation), and is
located in the R- 15 zone district for both jurisdictions; and
WHEREAS, the applicant received Conceptual Planned Unit Development approval
from the Aspen CitY Council on February 12, 2001 which ~s memorialized via Resolution No.
19, Series 2001, but did not submit a timely final application and therefore requested a
consolidated review for conceptual and final; and
WHEREAS, the Community Development Director determined that this Consolidated
Conceptual and Final PUD shall effectively serve as the Final Planned Unit Development for this
project because of a significant community interest which the project would serve and that the
four-step PUD process would be redundant and serve no public purpose since the development
proposal received Conceptual PUD approval from the Planning Commission and City Council
and has undergone minor changes as currently submitted; and
WHEREAS, pursuant to Section 26.445, dUring a duly noticed public hearing held on
August 6, 2002, and after considering a recommendation from the Community Development
Director; comments from the general public,' and recommendations from relevant referral
agencies the Planning and zoning Commission voted, by a six to zero (6 to 0) vote, to
recommend City Council approve the Little Ajax Housing Project Consolidated Conceptual /
Final Planned Unit Development with conditions; 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 the
promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO as follows:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Municipal code, the Little
Aiax Housing Project, consisting of four (4) free market townhome units, eleven (11) affordable
h~)using units and two (2) Accessory Dwelling Units (ADUs), is hereby granted Consolidated
Conceptual/Final Planned Unit Development, Subdivision Exemption, Rezoning/zoning to
AH/PUD-Affordable Housing, 8040 Greenline, GMQS Exemption, Special Review and Waiver
of the Residential Design Standards, subject to the conditions of approval described hereinafter.
Section 2
The Official Zone District Map of the City of Aspen shall be, and is hereby, amended by the
Community Development Director to reflect the subject property as included in the Affordable
Housing (AH) with a Planned Unit Development (PUD) Overlay, pending the annexation of the
portion of the subject property currently located in Pitkin County into the City of Aspen.
Section 3
Conditions of Approval:
1) This approval is contingent upon the annexation by the City of Aspen of that portion of the
subject property that is located within and under the jurisdiction of Pitkin County.
2) Within 180 days after final approval by City Council and prior to applying for a building
permit, the Applicant shall record in the office of the Pitkin County clerk and Recorder, a
Subdivision Plat and Final PUD Development Plan. The Subdivision Plat shall include all
easements and required signature blocks. The Final PUD Development Plan shall include an
illustrative site plan, landscape plan, architectural character plan, utility plan, and a
grading/drainage mitigation plan.
3) Within 180 days after final approval by City Council and prior to applying for a building
permit, the Applicant shall record in the office of the Pitkin County Clerk and Recorder, a
Subdivision/pUD Agreement binding the subject property to this development approval.
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4) The Applicant shall utilize a specialist to conduct a geophysical investigation and prepare a
report regarding the location of any remnant mineshaft in order to determine the potential for
subsidence. This report shall be submitted for review by the Community Development
Department prior to the issuance of full structural building permits.
5) The Applicant shall contact the Colorado Geologic Survey to conduct a final site analysis
and report regarding potential rock fall hazard and potential subsidence issues, including the
implications of a potential mine portal, for review by the Community Development Department
prior to the issuance of building permits.
6) The Applicant shall provide easement a 10 foot wide public trail easement with one foot
On either side as a maintenance/snow storage easement for the lower trail across the property.
The trail shall be installed by the owner with a surface type to be determined in conjunction with
the~ Parks Department. The public trail shall be separate from the residential walkway on the
south side of the South Building AH units.
7) The Applicant shall complete all the necessary tree removal permits and pay the applicable
tree removal mitigation fees to the City of Aspen Parks Department prior to the submission for
building permits.
8) The Applicant shall file a deed restriction with the Aspen/ Pitkin County Housing
Authority for the two (2)' Accessory Dwelling Units prior to the final inspection for the four free
market units on Parcel 2.
9) In order to minimize the area of disturbance and tree removal due to development, the
Applicant shall amend the "boundary area for disturbance" line on Landscape Plan, S-101, dated
2/21/03, and move the boundary down-slope to a point aligning with the southern edge of the
patios of the free market housing.
10) Prior to the issuance of any building permit, the Applicant shall provide the Environmental
Health Department with a plan for testing, handling and disposing of soils encountered on-site.
The Applicant shall provide the City with a mine waste testing and handling plan that complies
with the following conditions of approval as memorialized in Ordinance No. 25, Series 1994
regarding the handling of any contaminated soils encountered on the property prior to the
application for building permits:
Any disturbed soil or material 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
need not be removed if the City's Environmental Health Department finds that: 1)
the excavated material contains less than 1,000 parts per million (ppm) of total
lead, or 2) 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.
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b)
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 State and/or Federal
transportation and disposal permits.
c)
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.
d)
Vegetable and flower gardening and cultivation. No vegetables or flowers shall be
planted or cultivated within the boundaries of the site except in garden beds
consisting of not less than twelve (12) inches of soil containing no more than 999-
ppm lead.
e)
Landscaping. The planting of trees and shrubs and the creation or installation of
landscaping features requiring the dislocation or disturbance of more than 1 (1)
cubic yard of soil shall require a permit as provided in Section %143 (4).
Any contaminated soil or mine waste rock to be left on-site shall be placed under
structures or pavement. Soils used in landscaped areas or engineered fills shall be
covered by a minimum of 1 foot of clean soil that contains less than 1,000 ppm
lead.)
11) The Applicant shall comply with the established Planned Unit Development dimensional
requirements for the Affordable Housing / Planned Unit development (AH/PUD) zone district as
follows:
'~inimum Lot Size (square feet) '" 13,939 sq. ft. ' 39,204 sq. ft. !
Minimum Lot Area per Dwelling 1,267. sq. ft. . . ~ 9,801 sq.. ft. -
Unit
Maximum Allowable Density
Minimum Lot Width
Minimum Front'yard SetbaCk
Minimum West Side Yard
SetbaCk
Minimum East Side Yard
Setback
Minimum Rear Yard SetbaCk
Maximum Site Coverage
Maximum Height
Minimum Distance b/w
Buildings
(4) 1-bedroom unitsx 500 sq, ft,/Mit
(3) 2-bedroom units x 1,000 sq. ft. / unit
(4) 3-bedroom units x 1,500 sq. ft. / unit
115 feet
5 feet
5 feet
0 feet
20 feet
6,723 sq. ft.
North Building: 24.1 feet
South Building: 32 feet
15 feet
(2) 3-bedroom units x 1,500 sq. ft.
(2) 4-bedroom units x 2,000 sq. ft.
20 feet (at access point)
35 feet
5 feet
5 feet
40 feet
7,109'sq. ft
33.5 feet
15 feet
unit
unit
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Minimum Percent of Open Space
Trash Access Area '
Allowable Floor Area (FAR)
Minium Off street Parking
55% I55% ~
On each end of the free market building and at the east end of the south AH building
Total Allowable: 12,716 sq. ft. Total Allowable 17,278 sq. ft.
15 parking spaces . .[ 10 Parking spaces
12) The AppliCant shall be required to provide a sidewalk, curb, and gutter at the time of
this development as shown on the proposed development plans. These improvements shall be
designed using the City's engineering standards. In addition, the tree species and landscaping to
be provided in the planter strip between the curb and gutter and the sidewalk shall be approved
by the City Parks Department.
13) The Applicant shall install and maintain the Bruge fence as recommended in the CTL/
Thompson, Inc. Environmental Site Assessment Report, dated February 21, 2001, in order to
protect the buildings from potential rock falls.
14) The Applicant shall provide the City Community Development Department Engineer
with a drainage and grading plan as part of the building permit application in order to determine
that storm water runoff detention for post-development flows do not exceed pre-development
flows.
15) The Applicant shall contact the City's Zoning Officer in order to determine an
appropriate street name for the entrance to the property in order to assist emergency vehicle
response.
16) The Applicant shall calculate the established a!lowab[e roof height from existing grade,
not the grade after the site has been re-graded.
17) The Applicant shall install sprinkler systems and alarms pursuant to the regulations of
the City Fire Department and shall specify in the condominium covenants that the use of
charcoal grills are not permitted on decks and balconies with the project. The Applicant shall
inform the City Water Department regarding the sprinkler requirements prior to the application
for building permits.
18) The Applicant shall re-seed disturbed areas with natural vegetation pursuant to the
recommendation of the City Parks Department. The Applicant may obtain these seed mixes
from the Parks Department.
19) The Applicant shall provide an erosion control plan to the City Parks and Engineering
Departments. Specifically, the Applicant shall install 1) silt fencing and hale bales across the
middle and front of the property below disturbed areas and 2) fencing to protect existing
vegetation.
2o) The Applicant shall submit a detailed set of revised infrastructure plans showing the
location and construction details of all infrastructure to be installed in the public right of.way,
storm water management improvements, cross sections of the driveway (including driveway
retaining wall) and the Applicant shall submit "as-built" drawings to the Engineering, once
construction is completed.
21) The Applicant shall submit a detailed landscaping plan to the Parks Department prior
to the application for building permits that indicates the specifications for the irrigation system
and plant species that will be located in the public ROW.
22) The Applicant shall include appropriate language in the SIA/PUD Agreement for Lot 1
and its associated condominium documentation regarding the homeowner's association for Lot
1 (to be reviewed and approved by Staff) that ensures that the 11 AH units shall comply with
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
ownership of these units.
23) The Applicant shall complete and provide the Aspen Consolidated Sanitation District
with a "Line Extension Request" and a "Collection System Agreement" for the main line
extension. In addition, since all of the units will be condominiumized, the Applicant shall
obtain a Shared Service Agreement for the owner of each unit. The SIA/PUD agreement shall
note that if the West Hopkins Street sewer main crosses the Little Ajax property, the sewer line
must be re-located into the public right-of-way at the developer's expense.
24) The Applicant shall provide a handling and waste disposal plan that complies with City
Environmental Health Department requirements for the abandonment of the existing septic
system. This plan shall be provided to' and approved by the City Environmental Health
Department prior to the application of building permits.
25) The Applicant shall develop "traffic reduction measures" for the project which meet
with the approval of the Environmental Health Department prior to building permit issuance by
implementing at least two of the following measures.
a) Purchase of car sharing memberships for households,
b) Display of transit and other transportation demand management information
in an area common to residents,
c) Installation of secure bicycle parking.
26) The Applicant 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.
This fee shall be assessed at the rate of the regulations and calculations in effect at the time of
the building permit application.
27) The Applicant shall pay the required Park Development Impact Fee to the City of
Aspen, which is due and'payable at the time of building p'ermit application for the development.
This fee shall be assessed at the rate of the regulations and calculations in effect at the time of
the building permit application.
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28) One of the Category 3 studio units shall be priced between the maximum sales price
of Category 2 and Category 3 and that the Category 4 two-bedroom unit sales price shall be priced
between Category 3 and Category 4.
29) The affordable housing units shall be built prior to or in conjunction with the free
.market units; however, the approval of the Certificates of Occupancy for the deed-restricted units
shall be attained prior to the issuance of Certificates of Occupancy for the free-market units.
30) The affordable housing units shall be deed-restricted prior to building permit approval
or at the time of Final Plat approval, along with all other required documents; i.e., Subdivision
Improvements Agreement, Declaration of Covenants, etc., and that these documents shall be
reviewed by the Aspen/Pitkin County Housing Authority for approval.
31) The affordable housing units shall be listed with the Aspen/Pitkin County Housing
Authority at the time of Certificate of Occupancy and shall be sold through the lottery process at the
prices stated in the Guidelines in effect at the time of Final Plat approval.
32) The accessory dwelling units shall be deed restricted prior to building permit approval
for the free market units and abide by the conditions established under Section 26.520.050 of the
City of Aspen Municipal Code.
33) In association with the geologic hazards evaluation, any on-site excavation which
is not actively proceeding to building construction shall be filled, graded, and restored to its
natural condition, or as close thereto as possible (which judgment shall be at the sole discretion
of Community Development Director), within three (3) months of the determination of a "no-
build" (which judgment shall also be at the sole discretion of Community Development
Director). An adequate financial surety to cover the filling and restoration of the site shall be
posted with the City prior to the issuance of a permit for the excavation.
Section 4
All material representations and commitments made by the applicant pursuant to the
development proposal approvals herein awarded, whether in public meeting or documentation
presented before the Planning and Zoning Commission 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 an authorizing entity.
Section 5
This Resolution shall affect any existing litigation and shall not operate as an abatement of any
section 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 ordinance.
Section 6
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
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deemed a separate, distinct, and independent provision and shall not affect the validity of the
remaining portions thereof.
Section 7
A public hearing on this ordinance is set for May 12, 2003, fifteen (15) days prior to which a
he'aring public notice of the same will 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 28th day of Aril, 2003
ATTEST:
Kathryn S. Koch, City Clerk
Helen Kalin Klanderud, Mayor