HomeMy WebLinkAboutordinance.council.002-00 ORDINANCE NO. 2
(SERIES OF 2000)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN
APPROVING THE CONCEPTUAL AND FINAL PLANNED UNIT
DEVELOPMENT, THE CONCEPTUAL AND FINAL SPECIALLY PLANNED
AREA, REZONING TO THE AFFORDABLE HOUSING (AH-PUD-SPA) ZONE
DISTRICT, SUBDIVISION, EXEMPTIONS FROM THE SCORING AND
COMPETITION PROCEDURES OF GROWTH MANAGEMENT FOR
AFFORDABLE HOUSING AND AN ACCESSORY COMMERCIAL STORE FOR
THE 7TM AND MAIN STREET AFFORDABLE HOUSING AND CORNER
STORE PROJECT, LOTS A, B, AND C, BLOCK 19, CITY AND TOWNSITE OF
ASPEN.
Parcel No. 2735.024.09.851
WHEREAS, the Community Development Department received an application
from the City of Aspen, owner and applicant represented by the AspenJPitkin County
Housing Authority for Rezoning, Subdivision. Conceptual and Final Planned Unit
Development, Conceptual and Final Specially Planned Area, and exemptions from the
Growth Management Quota System for affordable housing and accessory commercial
space for a mixed-use development to contain eleven (11) affordable housing units and a
small commercial store appurtenant to the principal residential use; and,
WHEREAS, the subject parcel is located at the southeast comer of 7th and Main
Streets, within the Main Street Historic District, and is legally described as Lots A, B, and
C, Block 19, City and Townsite of Aspen; and,
WHEREAS, pursuant to Section 26.415 of the Land Use Code, the proposed
development has received conceptual development approval from the Historic
Preservation Commission, pursuant to Resolution 99-41, and is subject to final
development approval from the HPC; and,
WHEREAS, pursuant to Section 26.304.060, the Special Review for Parking and
Floor Area has been combined with the Planned Unit Development review and the
Residential Design Review has been combined with the Historic Preservation
Commission review; and,
WHEREAS, pursuant to Sections 26.304, 26.310, 26.440, 26.445, 26.470,
26.480, and 26.710 of the Land Use Code, [and use applications requesting land use
review for Rezoning, Specially Planned Area designation, Specially Planned Area
Conceptual and Final plan adoption, Planned Unit Developmem designation, Platmed
Unit Development Conceptual and Final plan adoption, Subdivision approval, and
exemption from the scoring and competition procedures of Growth Management for
affordable housing and accessory commemial space may be approved by the City Council
at a duly noticed public hearing after considering recommendations by the Community
Development Director, the Planning and Zoning Commission made at a duly noticed
Ordinance No. 2. Series of 2000
Page 1
public hearing, the Aspen Pitkin County Growth Management Commission made at a
duly noticed public hearing, the AsperffPitkin County Housing Authority Board made at a
duly noticed public hearing, the appropriate referral agencies, and members of the general
public; and,
WHEREAS, the Fire Marshal, Aspen Consolidated Sanitation District, the City
Water Department, City Engineering, the City Zoning Officer. City Parks Department,
the Aspen/Pitkin County Building Department, the Pitkin County Planning Department.
the Environmental Health Department, the City Transportation Deparrmem, and the
Cormmunity Development Department reviewed the proposal and recommended approval
with conditions: and,
WHEREAS, during a duly noticed public hearing opened on January 11, 2000,
the Planning and Zoning Commission considered a motion to approve the project and the
motion failed, by a one ~o six (1-6) vote~ resulting in a recommendation that the Aspen
City Council not approve the Rezoning to Affordable Housing, Subdivision, Conceptual
and Final Planned Unit Development, and Conceptual and Final Specially Planned; and,
WHEREAS, during a duly noticed public hearing on January 19, 2000, the
Aspen/Pitkin County Housing Authority Board recommended, by a seven to zero (7-0)
vote, that City Council exempt the affordable housing proposed in the application from
the competition and sconng procedures of Growth Management, with conditions
including the provision of a 12' affordable residence instead of the commercial space;
and,
WHEREAS, during a duly noticed public hearing on January 25, 2000, the
AsperffPitkin County Growth Management Commission considered a motion to
recommend an exemption of the accessory commercial space proposed as a small store
and the motion failed, by a zero to seven (0-7) vote, resulting in a recommendation that
the Aspen City Council not exempt the commercial space from the sconng and
competition procedures of Growth Management; 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 Planning and Zoning
Commission, the AsperiPitkin County Housing Authority Board. the Aspen/Pitkin County
Growth Management Commission, the Community Development Director, the applicable
referral agencies, and has taken and considered public comment at a public hearing; and,
WHEREAS. the City Council finds that the developmem 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:
Ordinance No. 2, Series of 2000
Page 2
Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Municipal Code, the 7~
and Main Street Affordable Housing and Comer Store project, consisting of eleven (11)
permanently affordable dwellings, a commercial store of approximately 650 square feet,
and accessory uses, is hereby granted Conceptual and Final Planned Unit Development,
Conceptual and Final Specially Planned Area, Rezoning to the AH-PUD-SPA Zone
District, Subdivision approval, and exemptions' from the Growth Management Quota
System for affordable housing and accessory commercial space, 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 tv reflect Lots A, B, and C, Block 19, City and
Townsite of Aspen, as included in the Affordable Housing (AH) Zone District with a
Planned Unit Development (PUD) Overlay, a Specially Planned Area (SPA) Overlay, and
within the Main Street Historic District.
Section 3:
Conditions of Approval:
1. Within 180 days after final'approval by City Council and prior to applying [or a
Building Permit, the applicant shall record a Subdivision Plat and Final PUD
Development Plan. The Subdivision plat shall include easements and signature
blocks for any utility mains that are intended to serve adjacent parcels. The
irrigation ditch will require a maintenance easement if located on private property.
The Final PUD Plans shall include an illustrative site plan, landscape plan,
architectural character plan, a utility plan, and a grading/drainage mitigation plan,
The landscape plan shall include a signature line for the City Parks Director. The
Illustrative Plan shall be amended to provide a ramp for only the 7~ Street crossing.
2. Within 180 days after finfl approval by City Council and prior to applying for
Building Permit, the applicant shall record a Subdivision/PUD/SPA Agreement
binding this property to this development approval. The agreement shall state the
ownership and maintenance nature of the common areas of the project. The
agreement shall describe the Benedict Commons parking spaces being associated
and conveyed with the specific residential units and shall prohibit future
conveyance of these designated parking spaces separate from the corresponding
residential unit,
3. The Commercial Store shall be limited to 650 square feet of net leasable square
footage with accessory storage devoted to the store. Uses allowed in the store shall
be sales of convenience items, pre-packed foods, prepared foods which do not
require a commercial kitchen, indoor and outdoor seating, and various sundries
typically associated with a comer store. Additional similar uses may be approved
by the Community Development Director as an insubstantial amendment. Outdoor
Ordinance No. 2, Series of 2000
Page 3
seating shall not encroach into the public right-of-way. Conversion of this store to
an affordable housing unit shall require recordation ora deed restriction acceptable
to the AsperffPitkin County Housing Authority, provision of an off-site parking
space, any necessary review by the Historic Preservation Commission, and a
building permit. An amendment to the PUD and change in use approval shall not be
required.
4. Parking along Main Street adjacent to the parcel shall be signed for loading and
temporary. 15 minute parking. Delivery vehicles shall use Main Street to the extent
possible. Delivery vehicle parking shall be prohibited in the alleyway. Delivery
times shall be limited to the restrictions of the Commercial Core prohibiting
deliveries between 9 p.m. and 5 a.m.
5. An antique street light shall be installed at the comer of South 7t~ and the alley m a
location approved by the City Electric Department.
6. Eight (8) parking spaces shall be provided on-site for eight (8) residential units.
Three (3) residential units shall receive one (]) parking space at the Benedict
Commons Building. An additional off-site parking space shall be provided if the
commercial unit is converted ro a residence. All of these parking spaces shall be
conveyed appurtenant to ~he associated residential unit and shall not be conveyed
separately. The residents shall receive no street parking permits but shall receive
guest parking permits consistent with the policies of the City Parking Department,
as amended. A note describing the off-site parking shall be included on the
Illustrative PUD plan.
7. Zoning requiremems for this parcel shall be included on the Illustrative PUD Plan
and shall be the following:
a. Minimum Lot Size. 9,000 square feet
b. Minimum Lot Area per dwelling unit. 12 total units
c. Maximum allowable density. 12 units. I 1 unit currently commercial)
d. Minimum lot width. 90 feet.
e. Minimum front yard. 8 feet. tFrom Main Street.)
['. Minimum side yard. 5 feet.
g. Minimum rear yard. 3 feet.
h. Maximum site coverage. As shown on the Illustrative PUD Plan
i. Maximum height (including view planes). 30 feet.
j. Minimum distance between buildings. As shown on the Illustrative PUD Plan
k. Minimum percent open space. As shown on the Illustrative PUD Plan
l. Trash access area. As shown on the Illustrative PUD Plan
m. Allowable Floor Area. 8,640 square feet.
n. Minimum off-street parking spaces. 8 with 3 spaces provided, in fee, at the
Benedict Commons Parking Garage.
o. Commercial Square Footage. 650 square feet of net leasable with
additional accessory storage
associated with the store.
Ordinance No. 2, Series of 2000
Page 4
8. The building permk application shall include:
a) A signed copy of the final Ordinance granting land use approval and a signed
copy of the PUD/Subdivision Agreement.
b) A fugitive dust control plan approved by the Environmental Health Department
which addresses watering of disturbed areas including haul roads, perimeter
silt fencing, daily 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.
c) An exterior lighting plan demonstrating compliance with the Outdoor
Lighting Standards of the Land Use Code.
d) A payment for school land dedication in the amount of$1,984.32. Building
permit fees and land use fees shall not be required as those fees are waived by
City Council.
e) The appropriate approvals from the Aspen Consolidated Sanitation District for a
line extension and shared service agreement, payment of impact fees,
specifications for improvements including a new manhole, and an approved
contractor to perform the improvements. A pump system will need to be
installed for sanitary sewer drains in the basement levels of the buildings.
9. The trash containers provided on-site shall be "bear proof," meeting the standards of
Ordinance 13, Series of 1999.
10. Prior to issuance ora Certificate of Occupancy the applicant shall:
dj Restore the alley to its pre-construction condition.
b) Record a condominium plat.
c) The adjacent portions of Main Street shall be signed for 15-minute parking
and delivery only.
11. During construction contractor parking shall be limited to the site and currently
permitted sections of 7th Street, Hopkins Avenue, and Main Street. Construction
dumpsters, equipment trailers, etc. shall not be located on Main Street. The
applicant shall gain approval for construction staging areas within the 7th Street
right-of-way and/or within the alley from the City Streets Director. The applicant
shall encourage contractors to car-pool and/or use of the daily parking lots at the
airport park-and-ride.
12. The applicant shall wash tracked mud and debris from the street as necessary, and
as requested by the City, during construction.
13. Top soil contaminated with noxious weed seed shall not be placed in the Pitkin
County land fill and shall be disposed of according to the recommendations of the
City Forester.
Ordinance No. 2. Series of 2000
Page 5
14. Final Category and sales or rental prices shall be determined by the Aspen City
Council prior to occupancy of the residential units, after considering a
recommendation from the AsperfPitkin County Housing Authority.
15. The applicant shall record the Planning and Zoning Resolution, the Growth
Management Commission Resolution, and the Housing Board 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 resolutions.
Section 4:
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 Housing Authority Board, The Growth Management
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
authorized entity.
Section 5:
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 6:
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 7:
Pursuant to Section 26.304.070 of the Municipal Code, the City Clerk shall cause notice of
this Ordinance to be published in a newspaper of general cimulation within the City of
Aspen no later than fourteen (14) days following final adoption hereof.
Section 8:
A public hearing on the Ordinance was held on the 28th day of February, 2000, 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 was published in a newspaper of general circulation
within the City of Aspen.
Ordinance No. 2, Series of 2000
Page 6
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the 14~ day of February 2000.
Attest:
Kathryn ~.~och,-C~ty Clerk Racl~el E. Richards, May0~
FINALLY, adopted, passed and approved this 28th day of February, 2000.
Approved as to form: Approved as to content:
Ci~"~A~o~'~ey .... Rac~tel E. Richards, Mayor~
Xt .. s ·
Kathryh S~/l~h, Ci6 Clerk
C:Lhome\CHRl SB\CASES\7th&Main\Ordinance.doc
Ordinance NO. 2, Series of 2000
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