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HomeMy WebLinkAboutordinance.council.018-05ORDINANCE NO. 18 (SERIES OF 2005) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL GRANTING SUBDIVISION APPROVAL, ALLOCATING ONE FREE-MARKET RESIDENTIAL DEVELOPMENT RIGHT, AND ALLOCATING THREE AFFORDABLE HOUSING DEVELOPMENT RIGHTS TO THE MAIN AND GALENA BUILDING PROPOSAL, AS MIXED-USE BUILDING TO BE LOCATED ON THE NORTHWEST CORNER OF GALENA AND MAIN STREETS, 426 EAST MAIN STREET, LEGALLY DESCRIBED AS UNIT lA GALENA PLAZA CONDOMINIUMS, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2737.073.22.015 WHEREAS, the Community Development Department received an application (the Project) from Millennium Plaza, LLC, for the redevelopment of a commercial building into a mixed-use building to contain commercial and residential units; WHEREAS, the Property is located at 426 East Main Street and is legally described as Unit lA of the Galena Plaza Condominiums as shown on the plat thereof recorded in Book 49 at Page 82 of the Pitkin County Clerk and Recorder; and, WHEREAS, pursuant to Sections 26.304 and 26.470 of the City of Aspen Land Use Code, land use applications requesting allotments from the Growth Management Quota System are reviewed and scored by the Aspen Planning and Zoning Commission at a duly noticed public heating after considering recommendations by the Community Development Director, and members of the general public. The scoring and recommendation is then forwarded to the Aspen City Council and development allotments may then be allocated by Ordinance by the Aspen City Council at a duly noticed public hearing after considering recommendations by the Community Development Director, and members of the general public; and, WHEREAS, pursuant to Sections 26.304, 26.710.140, 26.430, 26.515, 26.480, and 26.410 of the City of Aspen Land Use Code, land use applications requesting subdivision, special reviews, and residential design standards waivers are reviewed by the Aspen Planning and Zoning Commission at a duly noticed public heating after considering recommendations by the Community Development Director, and members of the general public. The Commission may approve, approve with conditions, or deny the special review requests and the residential design standards waivers and may recommend to City Council approval, approval with conditions or denial of the subdivision request; and, WHEREAS, the Fire Marshal, Aspen Consolidated Sanitation District, the City Water Department, City Engineering, the City Parking Department, the City Transportation Department, the City Zoning Officer, City Parks Department, the Aspen Building Department, the Environmental Health Department, and the Community Ordinance No. 18, Series of 2005. Page 1 Development Department reviewed the proposal and recommended approval with conditions; and, WHEREAS, during a duly noticed public hearing on February 15, 2005, the Aspen Planning and Zoning Commission considered the noted recommendations and testimony offered by thc general public, considered the project for initial and final scoring (score summary attached), found the proposal meeting or exceeding the necessary scoring, and approved, by a six to zero (6-0) vote, the Special Review for affordable housing parking, the provision of commemial parking via a cash-in-lieu payment, the waiver of Residential Design Standards and recommended, by the same vote, City Council allocation of one free-market residential development right, three affordable housing development rights, and subdivision approval for a mixed-use commercial and residential building to be developed on the northwest comer of Main and Galena Streets, 426 East Main Street, Unit lA of the Galena Plaza Condominiums, subject to the conditions of approval listed herein; and, WHEREAS, the Aspen City Council has reviewed and considered the application according to the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the Planning and Zoning Commission, and has taken and considered public comment at a public heating; and, WHEREAS, the City Council finds the application meeting or exceeding all applicable standards of the land use code of the City of Aspen Municipal Code and that the approval of the proposal 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: Subdivision approval for the development a multi-family units, three affordable housing growth management allotments, and one free-market residential allotment are hereby ~ranted for the redevelopment of the two-floor (one floor is subgrade) commercial building at the northwest comer of Galena and Main Streets into a four-floor (one floor is subgrade) building containing commercial and residential uses, subject to the following conditions and requirements: Section 1: Parking Mitigation Payment The Project Developer shall make a one-time monetary mitigation payment to the City of Aspen in the amount of $105,000 for the mitigation of seven (7) parking spaces 5 residential and 2 commercial. The contribution shall be payable prior to issuance of a Building Permit for the Project. The Planning and Zoning Commission encourages the Aspen City Council to allocate all of this payment to the Roaring Fork Vehicles car- sharing program. Ordinance No. 18, Series of 2005. Page 2 Section 2: Downtown Improvement Contribution The Project Developer shall make a one-time monetary mitigation payment to the City of Aspen in the amount of $10,000 for pedestrian oriented improvements to the commercial core as recommended by the City's Downtown Catalyst or the City Manager. The contribution shall be payable prior to issuance of a Building Permit for thc Project. Section 3: Aspen Recreation Center Contribution The Project Developer shall make a one-time monetary mitigation payment to the City of Aspen in the amount of $7,000 for recreation programs and facilities of the Aspen Recreation Center as recommended by thc Manager of Parks and Recreation. The contribution shall be payable prior to issuance of a Building Permit for the Project. Section 4: Roaring Fork Transportation AuthoriW Contribution The Project Developer shall make a one-time monetary mitigation payment to the City of Aspen in the amount of $5,000 to be transferred to the Roaring Fork Transportation Authority for transit improvements within the Roaring Fork Valley. The contribution shall be payable prior to issuance of a Building Permit for the Project. Section 5: Aspen Historical Society Contribution The Project Developer shall make a one-time monetary mitigation payment to the City of Aspen in thc amount of $5,000 to be transferred to the Aspen Historical Society. The contribution shall be payable prior to issuance ora Building Permit for the Project. Section 6: Car Share Program Contribution The Project Developer shall make a one-time monetary contribution to Roaring Fork Vehicles - a car-sharing business associated with the City of Aspen - in the amount of $20,000. The contribution shall be payable prior to issuance of a Building Permit for the Project. This contribution was voluntarily offered by the applicant, as a means of mitigating residential parking needs. Section 7: Construction Staging and Police/SheriffParking The Project Developer shall work with the City of Aspen Police Chief and the Pitldn County Sheriff regarding temporary parking for emergency vehicles and the location of construction matehals/equipment for the per/od of construction. An agreement between these parties shall be recorded as part of the Subdivision Improvement Agreement. City Community Development staff can facilitate/moderate meetings and mediate any unresolved issues as necessary. Section 8: Residential Design Standards The following Residential Design Standards shall not apply to this Project: "Secondary Mass," "Covered Porch," and "First Story Element." The Project has been found in compliance with the remaining Residential Design Standards and the remaining standards shall be applicable to this Project. Section 9: Affordable Housing Units Ordinance No. 18, Series of 2005. Page 3 The Project shall include one (1) studio affordable housing unit and two (2) two-bedroom affordable housing units. The affordable housing units shall be deed-restricted as Category 2 rental units and a legal instrument permanently ensuring their affordable status acceptable to the City Attorney shall be provided. The City shall accept a nominal property interest (1/10 of 1 pement undivided interest) or other reasonable means of assurance. If this standard cannot be met, the units shall be transferred as "for-sale" units pursuant to the Aspen/Pitkin County Housing Authority Guidelines. Residents of the affordable housing units shall meet the minimum occupancy and all other qualification criteria in the APCHA Guidelines, as amended. The rental rates of the affordable units shall not exceed a maximum rental rate of Category 2 as such rates are defined in the APCHA Guidelines, as amended from time to time. Rental tenants shall be qualified by the APCHA. Section 10: Impact Fees Park Impact Fees of $10,604 shall be assessed upon issuance of a Building Permit and allocated by the City for improvements to City Parks. Amendments to the project shall incorporate an amendment to this fee according to the following schedule. For each studio unit - $1,520 For each one-bedroom unit - $2,120 For each two-bedroom unit - $2,725 For each three- or four-bedroom unit - $3,634 School Land Dedication Fees are 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 verifies the unimproved land value of the lands underlying the Project to be $224,675 from information from the Pitkin County Assessor. This represents $44.89 per square foot of land. One-third of this value divided by the proposed 4 new units results in a $3.74 per square foot standard for calculating the impact fee. The subject subdivision is not conducive to locating a school facility and a cash-in-lieu payment shall be accepted. School Land Dedication Fees are required according to the following schedule, payable at building permit issuance: Unit size 1/3 land Land Per unit fee Units Total value per Dedication unit sq. ft. standard (sq. ft.) Studio/One $3.74 52 $194.48 1 $194.48 bedroom Two Bedroom $3.74 416 $1,555.84 2 $3,111.68 Three $3.74 707 $2,644.18 1 $2,644.18 Bedroom Ordinance No. 18, Series of 2005. Page 4 Total: I 5,950'341 Amendments to the project shall include an adjustment to this fee according to the above calculation methodology and schedule. Section 11: Trees and Right-of-Way Improvements The Project Developer shall either relocate the three existing on-site trees to a new location acceptable to the City of Aspen Parks Department or remove the trees and pay a tree removal mitigation fee according to the valuation schedule below. Relocating the trees can either be organized by the Project developer in coordination with the City Parks Department or performed by the City Parks Department and billed to the Project Developer. Tree removal mitigation shall be based on the valuation of existing trees to be removed. Following is a summary of the existing trees to be removed and their valuation. 12 1 $4,069.44 $4,069.44 13 2 $4,775.94 $9,551.88 Total $13,621,32 The existing street trees within the Main Street right-of-way shall be protected during the entire construction process. No storage of materials shall occur within the drip lines of these trees. The Subdivision agreement shall include provisions to protect the Main Street trees. Section 12: Sidewalk Closures Proper signage and barriers shall be used during periods of construction necessitating the closure of sidewalks surrounding the Project. Section 13: Water Department Requirements A separate water meter will be needed for each residence. Them shall be a shared water service agreement with each owner. An additional tap for landscaping is required. Section 14: Sanitation District Requirements 1. The total connection fees must be paid prior to building permit issuance. 2. The elevator shaft cannot drain to the sanitary sewer unless them is an oil/sand separator. 3. It is recommended that the Applicant install a grease trap for the commercial space to allow food service occupant. 4. The sewer service should connect to the sewer in the alley. Section 15:PM10 Mitigation and Transportation Options Program The City of Aspen considers the following elements of the project as mitigating the potential increases in pml0: the Project's proximity to downtown, proximity to transit services, existing pedestrian connections and trails, no additional on-site parking, and a monetary contribution to the car-share program. Ordinance No. 18, Series of 2005. Page 5 The owner(s) of the commercial units within the Project shall inform and encourage commercial tenants to join the City of Aspen Transportation Options Program. This program offers certain incentives to reduce automobile reliance. Section 16: Subdivision Plat Within 180 days after final approval by City Council and prior to applying for a Building Permit, the applicant shall record a Subdivision Plat. The Subdivision Plat shall comply with current requirements of the City Community Development Engineer. The following items shall also be depicted: 1. Any easements and signature blocks for utility mains not administered by the City of Aspen. 1. A utility plan meeting the standards of the City Engineer and City utility agencies. The City Water Department prefers one fire tap and one domestic service tap with subsequent branch lines to serve individual buildings and residences. 2. A drainage plan depicting roof and surface drainage and how it will be connected to the City's storm drainage system. 3. A right-of-way improvement plan acceptable to the City Parks Department showing the design concept for the sidewalk pavers, bike rack including installation technique which protects the existing cottonwood trees, and protection and irrigation of the cottonwood trees. 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. Section 17: Subdivision Agreement Within 180 days after final approval by City Council and prior to applying for Building Permit, the applicant shall record a Subdivision 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. An agreement with the Police Chief and the Sheriff regarding parking of emergency vehicles during construction and a notification procedure for relocating parking as needed. Section 18: Building Permit Requirements The building permit application shall include/depict: 1. A letter from the primary contractor stating that the approving Ordinance and Subdivision Improvement Agreement has been read and understood. The contractor shall specifically state an understanding of the Construction Staging and Police/Sheri ff Parking agreement. 2. A signed copy of the final Ordinance and Subdivision Improvement Agreement granting land use approval. Ordinance No. 18, Series of 2005. Page 6 3. A construction management and parking plan meeting the specifications of the City Building Department. 4. Compliance with Accessibility requirements, including an accessible route to the trash area. 5. A construction staging plan showing areas for material storage, contractor parking, and showing how the Main Street trees will be fenced-off and protected during construction. 6. A fugitive dust control plan approved by the Environmental Health Department. The applicant shall wash tracked mud and debris from the street as necessary, and as requested by the City, during construction. The applicant shall provide phone contact information for on-site project management to address construction impacts to: The City of Aspen, Pitkin County, the Building Manager of the US Bank Building, and the Galena Lofts Homeowners Association. 7. A fire suppression plan acceptable to the Fire Marshall, including the standpipe. 8. Compliance with the specifications and requirements of the Aspen Consolidated Sanitation District. 9. Prior to issuance of the Building Permit, all impact fees, cash-in-lieu fees, and monetary contributions, as specified herein, shall be paid. Section 19: The non-conforming office space on the ground level of the building shall not be considered "abandoned or discontinued," as such terms are used in Section 26.312.020 of the Land Use Code, during the time period between issuance of a Building Permit and the issuance of a Certificate of Occupancy for the building and this construction time period shall not be used in the computation of discontinued use when considering the ability to reestablish an office use within this space. Section 20: Vested Rights The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3) years from the date of issuance of a development order. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a newspaper of general cimulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Unit lA Galena Plaza Condominiums. Ordinance No. 18, Series of 2005. Page 7 Section 21: All material representations and commitments made by the developer pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department, the Aspen Planning and Zoning Commission, or the Aspen 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 22: This Ordinance shall not affect 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 23: 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 24: 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 25: A public heating on the Ordinance shall be held on the 11th day of April, 2005, at 5:00 in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifieen (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. Section 26: This ordinance shall become effective thirty (30) days following final adoption. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 14th day of March, 2005. Attest: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor Ordinance No. 18, Series of 2005. Page 8