HomeMy WebLinkAboutresolution.apz.034-04RESOLUTION NO. 34
(SERIES OF 2004)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION APPROVING A SPECIAL REVIEW, STREAM MARGIN
REVIEW, AND CONDITIONAL USE REVIEW AND RECOMMENDING CITY
COUNCIL APPROVE A FINAL PLANNED UNIT DEVELOPMENT, GROWTH
MANAGEMENT QUOTA SYSTEM (GMQS) EXEMPTIONS, SUBDIVISION,
AND AN AMENDMENT TO THE OFFICIAL ZONING MAP FOR THE ASPEN
CONSOLIDATED SANITATION DISTRICT MASTER PLAN, LOCATED AT
565 NORTH MILL STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID: 2737.073.00.854
WHEREAS, the Community Development Department received an application
from the Aspen Consolidated Sanitation District (ACSD) (Applicant), represented by
Heather Stone of Design Workshop, requesting approval of a Final Planned Unit
Development (PUD), Growth Management Quota System (GMQS) Exemptions,
Subdivision, Special Review for parking, Conditional Use Review for a maintenance
shop and affordable housing, Stream Margin Review, and an Amendment to the Official
Zoning Map for the Aspen Consolidated Sanitation District Master Plan; and,
WHEREAS, the application submitted for the ACSD Master Plan proposes
demolition of an existing four-plex affordable housing building, development of four
four-plex affordable housing buildings, remodeling and expansion of affordable housing
units located above the district offices, development of additional surface and covered
parking, development of additional maintenance facilities, development of storm water
treatment facilities, and development of ancillary improvements; and,
WHEREAS, the Community Development Department received referral
comments from the Aspen Consolidated Sanitation District, City Engineering, Building
Department, Fire District, Streets Department, the AsperffPitkin County Housing
Authority, Environmental Health Department, Parks and Recreation Department, and the
Water Department as a result of the Development Review Committee meeting; and,
WHEREAS, said referral agencies and the Aspen Community Development
Department reviewed the Final Planned Unit Development (PUD), Growth Management
Quota System (GMQS) Exemptions, Subdivision, Special Review for parking,
Conditional Use Review for a maintenance shop and affordable housing, Stream Margin
Review, and an Amendment to the Official Zoning Map and recommended approval with
conditions; and,
WHEREAS, pursuant to Sections 26.425, 26.430, and 26.435 of the Land Use
Code, Conditional Use Review, Special Review, and Stream Margin Review approvals
may be granted by the Planning and Zoning Commission at a duly noticed public hearing
after considering recommendations by the Community Development Director, and
relevant referral agencies; and,
WHEREAS, pursuant to Section 26.310 of the Land Use Code (Amendment to
the Official Zone District Map, Section 26.445 (Final Planned Unit Development),
Section 26.470 (Growth Management Quota System Exemptions), and Section 26.480
P&Z Resolution No. 34,
Series of 2004. Page 1
(Subdivision) approval may be granted by the City Council at a duly noticed public
hearing after considering recommendations by the Planning and Zoning Commission, the
Community Development Director, and relevant referral agencies; and,
WHEREAS, during a regular meeting on October 5, 2004, and continued to
October 12, 2004, and continued to October 19, 2004, the Planning and Zoning
Commission opened a duly noticed public hearing to consider the project and approved
the request for Conditional Use, Special Review, and Stream Margin Review and
recommended City Council approve the Final Planned Unit Development (PUD), Growth
Management Quota System (GMQS) Exemptions, Subdivision, and Amendment to the
Official Zoning Map by a five to two (5-2) vote, with the findings and conditions listed
hereinafter; and,
WHEREAS, the Planning and Zoning Commission finds that the development
review standards for Conditional Use approval, Special Review approval, Stream Margin
Review approval, adoption of a Final Planned Unit Development (PUD) Development
Plan, Growth Management Quota System (GMQS) Exemptions, Subdivision approval,
and an Amendment to the Official Zoning Map have been met, as long as certain
conditions, as listed hereinafter, are implemented; anti,
WHEREAS, the Planning and Zoning Commission finds that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE BE IT RESOLVED that the Planning and Zoning Commission
approves the Conditional Use for a maintenance shop and affordable housing, Special
Review for parking, Stream Margin Review, and recommends City Council approve
adoption of a Final Planned Unit Development (PUD) Developmem Plan, Growth
Management Quota System (GMQS) Exemptions, Subdivision approvaI, and an
Amendment to the Official Zoning Map, subject to the conditions listed below.
Section 1: Rezoning to PUB-PUD
The Official Zone District Map of the City of Aspen shall be, upon filing of the
Subdivision plat and Final PUD Plans, amended by the Community Development
Director to reflect Lot # 1 of the Aspen Consolidated Sanitation District as included in the
Public zotie district with a Planned Unit Development overlay (PUB-PUD).
Section 2: Project Dimensions
The following approved dimensions of the project shall be reflected in the Final PUD Plans:
P&Z Resolution No. 34,
Series of 2004. Page 2
Minimum Lot Size 145,878 square feet
Minimum Lot Area per Dwelling Unit 6,946 square feet per unit
21 Units
9 one-bedroom units
Maximum Allowable Density 10 two-bedroom units
2 three-bedroom units
Minimum Lot Width 306 feet
Minimum Front Yard Setback 5 feet
Minimum West Side Yard Setback 10 feet
Minimum East Side Yard Setback 10 feet
Minimum Rear Yard 50 feet
Townhomes = 32 feet.
Maximum Height. (Measured to the Carports = 12 feet.
midpoint of pitched roofs.) Office/Maintenance building - 30 feet.
Pipe Storage building = 16 feet.
Min. Distance between Buildings 16 feet
Min. Percent of Open Space As shown on final PUD Plan.
Townhomes: 5,380 square feet per building x
four buildings = 21,520 square feet.
Carports = 5,775 square feet
Allowable Floor Area (to be measured Carport storage = 1,500 square feet
Office/Maintenance building, lower level =
as gross square footage) 13,600 square feet
Office/Maintenance building upper level =
6,800 square feet.
Pipe Storage building = 2,750 square feet.
Residential - 43
Minimum Off-Street Parking Spaces Commercial, Employee, and Visitor = 8
Section 3: Former SPA Plans Dissolved
The filing of this Aspen Consolidated Sanitation District subdivision plat and Planned
Unit Development plans dissolves and replaces all former Specially Planned Ama
approvals, plats, and plans for the property.
Section 4: Multi-Family Housing Replacement Program
The Development Order issued commensurate with final approval by City Council shall
constitute a "Certificate of Compliance" in accordance with Chapter 26.530 Multi-
Family Housing Replacement Program.
Section 5: Impact Fees
Park Impact Fees of $33,594 shall be assessed. In recognition of capital improvements to
the City's park and recreation system constructed by the applicant, the City Parks and
Recreation Department may reduce this fee commensurate with the costs of those
improvements. Amendments to the Project or to the fee schedule adopted prior to
issuance of a building permit shall require a new calculation. The following fee total is
based on the current fee schedule:
P&Z Resolution No. 34,
Series of 2004. Page 3
Park Fees - Proposed Development:
9 one-bedroom units~ $2,120 per unit
10 two-bedroom units~ $2,725 per unit
2 three-bedroom unit~ $3,634 per unit
Total
- $19,080
- $27,250
= $7,268
= $53,598
Park Fees - Credit for Existing Development:
3 Studio residential units~ $1,520 per unit
3 one-bedroom units~ $2,120 per unit
2 two-bedroom units~ $2,725 per unit
1 three-bedroom unit~ $3,634 per unit
Total Credit
- $4,560
= $6,360
= $5,450
= $3,634
= ($20,004)
Total Park Impact Fee Due -- $33,594
School Impact Fees shall be assessed based on one-third the value of the unimproved land
divided by the proposed number of residential units on a per acre basis. The City of
Aspen shall verify the unimproved land value of the lands underlying the Project from
recent transactions and information from the Pitkin County Assessor. The subject
subdivision, is not conducive to locating a school facility and a cash-in-lieu payment shall
be accepted. School Impact Fees shall be specified prior to final approval.
The project shall be subject to amendments to impact fees required by the City of Aspen,
including new impacts fees or amendments to existing impact fees. Impacts fees
commensurate with each phase shall be payable upon issuance of a building permit for
such phase.
Section 6: Water Department Standards
The applicant shall comply with the City of Aspen Water System Standards, with Title
25, and with applicable standards of Municipal Code Title 8 (Water Conservation and
Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of
Aspen Water Department.
Section 7: Sanitation District Standards
The applicant shall comply with the following Aspen Consolidated Sanitation District
rules and regulations.
1. Service is contingent upon compliance with the District's rules, regulations, and
specifications, which are on file at the District office at the time of construction.
2. All clear water connections are prohibited, i.e. ground water, (roof, foundation,
perimeter, patio drains), including entrances to underground parking garages.
3. On-site drainage plans require approval by the district, must accommodate ACSD
service requirements and comply with rules, regulations and specifications.
4. On-site sanitary sewer utility plans require approval by ACSD.
P&Z Resolution No. 34,
Series of 2004. Page 4
Oil and Sand separators are required for public vehicle parking garages.
Containment areas will be required for the hydraulic lift facility and generator fuel
tanks.
6. Glycol snowmelt and heating systems must have containment provisions and must
preclude discharge to the public sanitary sewer system.
7. Plans for interceptors, separators and containment facilities require submittal by
the applicant and approval prior to building permit.
When new service lines are required for existing development the old service line
must be excavated and abandoned at the main sanitary sewer line according to
specific ACSD requirements.
9. Generally one tap is allowed for each building. Shared service line agreements
may be required where more than one unit is served by a single service line.
10. Permanent improvements are prohibited in areas covered by sewer easements or
right of ways to the lot line of each development.
11. All ACSD total connection fees must be paid prior to the issuance of a building
permit.
12.
Where additional development would produce flows that would exceed the
planned reserve capacity of the existing system (collection system and or
treatment system) an additiona! proportionate fee will be assessed to eliminate the
downstream collection system or treatment capacity constraint. Additional
proportionate fees would be collected over time from all development in the area
of concern in order to fund the improvements needed.
Section 8:PM10 Mitigation Strategies
The Environmental Health Department recommends the applicant include the following
strategies for reducing the generation of PM 10:
1. The purchase of an electric vehicle for in town use by employees and/or residents
or a membership with Roaring Fork Vehicles for use by employees and/or
residents.
2. Joining the Transportation Options Program.
3. Providing secure covered bike storage.
Section 9: Affordable Housing
1. The new residential units shall be deed restricted as Category 3 and Category 4
units. APCHA staff recommends Category 3 for the one-bedroom units and
Category 4 for the two-bedroom units.
2. Due to the phasing of the project, deed restrictions shall be completed and
recorded prior to building permit approval for each new building/phase. The deed
restriction shall relate to the specific category and that each employee must meet
the category requirements for that specific unit, unless that employee is employed
P&Z Resolution No. 34,
Series of 2004. Page 5
by ACSD. Due to the nature of the facility and that it is a public facility, the
income and asset requirements of the employee of ACSD can be waived in order
to house all employees of the ACSD on-site.
The applicant shall structure a document for the deed-restricted units such that
1/10th of 1% ownership of each of the units are deeded to the Aspen/Pitkin
County Housing Authority in perpetuity to maintain rental controls; or the
applicant may propose any other means that the Housing Authority or legal
counsel deems acceptable.
Should the units be condominiumized, the sales price shall be calculated
beginning with the sales price stated in the Guidelines from the date of Certificate
Occupancy and appreciated by 3% or the Consumer Price Index, whichever is
less, which is consistent with all other deed-restricted ownership units. At such
time a new ownership deed restriction shall be placed on each unit that will be
changed from a rental to an ownership unit.
Section 10: Public Trails
If the ACSD pursues a public trail through the property to facilitate public access to the
Rio Grande Trail, an easement shall be provided and depicted on the subdivision plat. If
the trail crosses Pitkin County-owned property, an easement from Pitkin County shall
also be secured by the applicant and referenced on the subdivision plat. A public trail
shall be built to City of Aspen trail standards. The City Parks Department will work with
the ACSD, and Pitkin County if necessary, to develop a maintenance agreement. This
requirement shall not apply if a public trail is not developed across the property. This
requirement shall not apply for trail connections serving only the ACSD property.
Section 11: Partnering on Affordable Housing
The City Planning and Zoning Commission recommends (not a requirement) that the
ACSD explore and consider any potential of partnering with other public agencies, non-
profits, or private developers to construct the affordable housing prior to actual demand
for housing Sanitation District employees. The Sanitation District could maintain
ownership and phase-in their own employees as demand dictates. Reducing the phases
and building the housing sooner rather than later could reduce impacts on the ACSD's
operations, impacts on residents within the project, impacts on neighboring landowners,
and may reduce overall costs to the ACSD.
Section 12: Subdivision Plat & Final PUD Plans
Within 180 days after final approval by City Council and prior to applying for a Building
Permit, the applicant shall record a Subdivision Plat and a Final PUD Development Plan.
The Subdivision Plat shall comply with current requirements of the City Community
Development Engineer and shall include:
1. The final property boundaries, disposition of lands, and utility and surface
easements.
2. Reference to the access easement and any trail easements from adjoining property
owners.
P&Z Resolution No. 34,
Series of 2004. Page 6
3. The location of utility pedestals with access easements for the utility provider.
Transformers and pedestals shall be located outside of the public right-of-way.
4. The applicant shall provide the final approved Subdivision line data or survey
description data describing the revised street and parcel boundaries to the
Geographic Information Systems Department prior to applying for a building
permit. The final building location data, including any amendments, shall be
provided to the GIS Department prior to issuance of a Certificate of Occupancy.
The Final PUD Plans shall include:
1. An illustrative site plan with adequate snow storage areas and/or snow melted areas
depicted. The top-of-slope shall be depicted. Approved project dimensions shall be
printed on the final illustrative plan.
2. A phasing plan describing the sequence of development phases and the
improvemenB for each phase. The City encourages the applicant to develop the
drainage improvements during phase one, thereby minimizing impacts on Rio
Grande Trail.
3. A landscape plan showing location, amount, and species of landscape improvements
with an irrigation plan with a signature line for the City Parks Department.
4. Design specifications and profiles for public trail improvements.
5. An architectural character plan demonstrating the general architectural character and
depicting materials, fenestration, and projections.
6. Floor plans of each level of each building depicting unit divisions.
7. A utility plan meeting the standards of the City Engineer and City utility agencies.
8. A grading/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
tYequency should be used in designing any drainage improvements. Oft-site
improvement shall be done in coordination with the City Engineer.
9. An exterior lighting plan meeting the requirements of Section 26.575.150.
Section 13: Subdivision/PUD Agreement
Within 180 days after final approval by City Council and prior to applying for Building
Permit, the applicant shall record a Subdivision/PUD Agreement binding this property to
this development approval. The Agreement shall include the necessary items detailed in
Section 26.445.070, in addition to the following:
1. The agreement shall state the ownership and maintenance responsibilities of the
common areas of the project.
2. The agreement shall include a maintenance and operating agreement for public trails
located on the property and shall reference agreements with adjoining landowners
for public trails and the vehicular access.
P&Z Resolution No. 34,
Series of 2004, Page 7
3. The agreement shall identify the trees on the property to be affected by each stage of
development and those which shall require mitigation. The agreement shall require
mitigation be payable at the time of building permit issuance for each phase and
shall indicate that permit and mitigation fees shall be determined at the time of each
phase and are subject to change.
4. A Construction Management Plan (CMP) acceptable to the Community
Development Engineer.
5. In order to secure the construction, installation and performance of the of public
improvements and facilities, including drainage improvements and landscape
improvements for each phase, the required performance guarantees shall include
and secure the estimated costs of all phases of the development.
Section 14: Fire Department
Sprinkler and fire alarms are required throughout all of the buildings. The person that
designs the sprinkler and alarm systems should meet with the Fire Marshall before
starting design. It needs to be confirmed that adequate water volume and pressure exists
for the sprinklers.
Section 15: Buildin~ Permit Requirements
The building permit application shall include/depict:
1. A si~ed copy of the final Ordinance granting land use approval.
2. A letter from the primary contractor stating that the approving Ordinance has been
read and understood.
3. The conditions of approval shall be printed on the cover page of the building
permit set.
4. A completed tap permit for service with the Aspen Consolidated Sanitation
District.
5. A tree removal/mitigation plan for any trees to be affected by the specific phase.
6. A fugitive dust control plan approved by the Environmental Health Department
which addresses watering of disturbed areas including haul roads, perimeter silt
fencing, as-needed cleaning of adjacent rights-of-way, speed limits within and
accessing the site, and the ability to request additional measures to prevent a
nuisance during construction. The applicant shall wash tracked mud and debris
from the street as necessary, and as requested by the City, during construction.
Submission of a fugitive dust control plan to the Colorado Department of Public
Health and Environment Air Quality Control Division will also be necessary due
to the property being in excess of 1 acre.
7. A study performed by a Colorado licensed asbestos inspector detailing the
presence of asbestos. The State of Colorado must be notified and the report must
be complete prior to issuance of a building permit. Contact the City of Aspen
Environmental Health Department for state contact information.
P&Z Resolution No. 34,
Series of 2004. Page 8
8. Because the site is over one acre, the Contractor will need to obtain a State Storm
Water Management Permit (for erosion control) and a State Emission Permit (for
dust control) at the time of the first building permit application.
9. A construction site management and parking plan meeting the specifications of
the City Building Department
Prior to issuance of a building permit:
1. All tap fees, impacts fees, and building permit fees shall be paid for the particular
phase.
2. The location and design of standpipes, fire sprinklers, and alarms shall be
approved by the Fire Marshall.
Section 16:
Prior to recordation of the Final PUD Plans, the plans to be recorded shall demonstrate
substantial compliance with the representations and drawings made and presented during
the project review.
Section 17:
This Resolution 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 18:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is fbr 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 19:
Two residential units located above the district offices, as shown in Exhibit A to this
resolution, shall be developed as "IBC/ANCI Type B" vertically accessible units.
APPROVED by the Commission at its regular meeting on Oc-,~f I~, 2004.
APPROVED AS TO FORM:
Daqid Hoefer, Ass~y~ttomey
PLANNING AND ZONING
COMMISSION:
Jasmine Tygre, Chair (,.J(,~ '"--'
ATTEST:
kie Lothian, Deputy City Clerk
Exhibit A - Units to be developed as
"IBC/ANCI Type B" vertically accessible units.
P&Z Resolution No. 34,
Series of 2004. Page 9
GRAYBEAL
ASPEN
CONSOLID.
SANITATION
DISTRICT
ASPEN
COLORADO
UPPER
PLAN
LL:'VEL
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