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HomeMy WebLinkAboutordinance.council.003-00 ORDINANCE NO. 3 (SERIES OF 2000) AN ORDINANCE OF THE CITY couNcIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE ULLR LODGE CONSOLIDATED PLANNED UNIT DEVELOPMENT, SUBDIVISION, AND GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTION FOR AFFORDABLE HOUSING, 520 WEST MAIN STREET, CITY AND TOWNSITE OF ASPEN, PITKIN cOUNTY, COLORADO. WHEREAS, the Community Development Department received an application from the Carbondale Affordable Housing Corporation, .under contract to purchase the Ullr Lodge, represented by Katherine Updike, located at 520 West Main Street; for a Consolidated Planned Unit Development (PUD), Subdivision, and Growth Management Quota System Exemption for Affordable Housing to convert the lodge to a 27-unit multi- family building, 26 of which will be deed restricted affordable housing units; and, WHEREAS, the Ullr Lodge is located in the Office Zone District and Historic District; and, WHEREAS, pursuant to Section 26.445 of the Land Use Code, dimensional requirements of properties may be established through the PUD review process; and, WHEREAS, pursuant to Sections 26.445, 26.480, and 26.470 of the Land Use Code, the City Council may approve a Planned Unit Development, Subdivision, and Growth Management Quota System Exemption for Affordable Housing during a duly noticed public hearing after considering a recommendation from the planning and Zoning Commission made at a duly noticed public heating, comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, the Fire Marshall, Aspen Consolidated Sanitation District, the City Water Department, City Engineering, City Parks Department, the AsperffPitkin County Housing Authority, and the Community Development Departmenf reviewed the Project and recommended approval with conditions; and, WHEREAS, during a duly noticed public hearing on February 9, 2000, the Historic Preservation Commission approved, by a seven to zero (7-0) vote, the Ullr Lodge Minor Review; and, WHEREAS, during a duly noticed public hearing on February 15, 2000, the Planning and Zoning Commission recommended, by a six to zero (6-0) vote, that the Aspen City Council approve the Ullr Lodge Consolidated Planned Unit Development (PUD), Subdivision, Special Review for Parking, with conditions contained herein; and, WHEREAS, during a duly noticed public hearing on March 15, 2000, the AsperffPitldn County Housing Board recommended, by a five to zero (5-0) vote, that the Aspen City Council approve the Ullr Lodge Growth Management Quota System Exemption for Affordable Housing, with conditions contained herein; and, WHEREAS, the Aspen City CounCil has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Historic Preservation Commission, Planning and Zoning Commission, the AspergPitkin County Housing Board, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WltEREAS, 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, THAT: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Ullr Lodge Planned Unit Development, Subdivision, and Special Review for Parking for the existing lodge to be converted to a 27-unit multi-family building, is approved subject to the conditions of approval described hereinafter. 1. A PUD Agreement shall be recorded within 180 days of the final approval by City Council and shall include the following: a. The information required to be included in a PUD Agreement, pursuant to Section 26.445.070(C). 2. A Final PUD Plan shall be recorded within 180 days of the final approval granted by City Council and shall include: a. A final plat meeting the requirements of the City Engineer and showing easements, encroachment agreemcms and licenses with reception numbers for physical improvements and parking spaces within City rights-of-way, and location of utility pedestals. b. An illustrative site plan of the project showing the proposed improvements, landscaping, parking, and the dimensional requirements as approved. c. A drawing representing the project's architectural character. d. 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. Ifa 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. 3. The PUD Agreement and the Final PUD Plans shall be recorded prior to an application for a building permit may be accepted by the Building Departmem. 4. The building permit application shall include: a. A copy of the final Ordinance and recorded P&Z Resolution. 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 from the Parks Department Director for off-site replacement or mitigation of removed trees. e. A completed curb, gutter, and sidewalk agreement. f. A completed agreement to join any future improvement districts formed for the purpose of constructing improvements in adjacent public rights-of- way, 5. There shall be 150 or greater net livable square feet of living area per person, including sleeping and bathroom. 6. At least one bathroom shall be provided for Shared use by no more than four persons. 7. A kitchen facility or access to a common kitchen shall be provided. 8. 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. If an alternative agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized, those fees shall be payable according to the agreement. 9. No excavatiun or storage of dirt or material shall occur within tree driplines. 10. All construction vehicles, materials, and debris shall be maintained on-site and not within public rights-of-way unless specifically approved by the Director of the Streets Department. All vehicle parking, including contractors' and their employees', shall abide by the 2 hour residential parking limitation of the area. The applicant shall inform the contractor of this condition. 11. The applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m. 12. Prior to issuance of a Certificate of Occupancy or Certificate of Completion for the employee units, a member of the AsperffPitldn County Housing Authority shall inspect the units to determine if the units comply with the representations made in the application. 13. Before issuance of a building permit, the applicant shall record the Planning and Zoning Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolution. 14. All improvements must meet the Uniform Code for Building Conservation (UCBC) standards. 15. The final deed restriction be brought to the Housing Board for final input and approval. 16. If encroachment is to continue on North Fifth Street, then an encroachment license must be applied for and approved. The only way that the City of Aspen . Engineering Department will allow for an encroachment is if there is an improvement of the existing parking/sidewalk situation. This improvement has been agreed upon by the developer and Engineering Department as follows: · The City Engineering Department has approved of the installation of a sidewalk in front of the existing parking area. This sidewalk will exist on an easement within property boundaries. The sidewalk will conform to City of Aspen Standards, including the design and location, and will include the installation of curb. The sidewalk will also have tree well grates to allow for the existing trees to stay. This sidewalk will be placed from the existing improved Main Street sidewalk to the alley between Main and Bleeker Streets. The applicant shall avoid damage to the existing conifer by "ramping" the sidewalk over the existing ground 17. The Applicant shall regularly maintain the Main Street right-of-way adjacent to this property, including planting grass seed. A suggested type of grass that may do well in this area is a tuff-type tall rescue. An irrigation system is not required for the Right-of-way. If one is proposed, then the system must be approved by the Parks Department prior to installation to avoid or minimize impacts to the existing street trees. 18. The area between the building's existing wall and the sidewalk fronting Main Street shall be landscaped. 19. The applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction. 20. All uses and construction will comply with the City of Aspen Water System Standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal code as they pertain to utilities. 21. The Applicant shall submit a complete set of wastewater plans for the Ullr Lodge to the Aspen Consolidated Sanitation District (ACSD) for review. The clay tile sanitary laterals need to be inspected with a television line to see if there is any interference from roots. If they have blockage, then the lines shall be replaced before they are connected to the ACSD sanitary lines. 22. The Applicant or owner shall mitigate any public impacts that this project causes, including but not limited to utility expenses and sanitary sewer and water lines. 23. No more than 27 on-street parking permits will be allowed for residents of the Project. The maximum monthly rent which may be charged to any tenant who does not own an automobile shall be 5% less than otherwise allowed by this approval. The homeowners association shall least the ten head-on spaces from the City for a total of $100 per month. Owner shall use its best efforts to encourage residents to forego automobile ownership through methods such as providing additional bike racks, communal ownership of vehicles, etc. 24. The applicant or owner shall utilize in the deed restriction for the Project the standard foreclosure clause found in the AsperffPitldn County Housing Authority (APCHA) Sale unit deed restriction allowing a right of purchase in APCHA in the event of foreclosure and subsequent sale by the lender without further encumbrance by the deed restriction in the event the unit is not acquired by APCHA. Section 2: 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, Historic Preservation Commission, Housing Board, 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 authorized entity. Section 3: 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 4: 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 pLrBLISIIED as provided by law, by the City Council of the City of Aspen on the 28th day of February, 2000. Attest: ~Katli~yn S, ~ch, City Clerk Rachel Richards, Mayo~ ~ FINALLY, adopted, passed and approved this 27th day of March, 2000. Attest: Kathryn.S. K/~ch, Ciiy Clerk Rachel Richards, Mayo~ Appt'oved as to form: o'b'~n WorceSter, ~ity Xttorney C:~hom¢~nickl~.ctive Cases\UIlr Lodge\CC Ordinance~doc