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HomeMy WebLinkAboutordinance.council.031-17 RECEPTION#: 652614, R: $128.00, D: $0.00 RECEPTION#:644366, R: $128.00, D: $0.00 DOC CODE: ORDINANCE DOC CODE: ORDINANCE Pg 1 of 24, 12/13/2018 at 03:24:50 PM Pg 1 of 24,01/11/2018 at 01:54:28 PM Janice K. Vos Caudill, Pitkin County, CO Janice K.Vos Caudill, Pitkin County, CO ORDINANCE NO. 31 (SERIES OF 2017) A ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL GRANTING APPROVAL OF MAJOR PUBLIC PROJECT REVIEW AND ASSOCIATED LAND USE REVIEWS QSS FOR 488 CASTLE CREEK ROAD,LEGALLY DESCRIBED AS LOTS 1 &2,488 CASTLE CREEK RD PUD & LOT SPLIT, SEPTEMBER 27,2006 IN PLAT BOOK 81 AT PAGE 48 AS RECEPTION NO. 529046, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. S Parcel ID:2735-123-09-033 & 2735-123-09-034 0 WHEREAS, the Community Development Department received an application for 488 Castle Creek Road(the Application) from Aspen Housing Partners LLC (Applicant)with consent from the City of Aspen(Owner) for Major Public Project Review; and, WHEREAS,all code citation references are to the City of Aspen Land Use Code in effect on the day of initial application—August 17, 2017, as applicable to this project; and, WHEREAS,as the property is owned by a governmental agency and this is an affordable _ project developed by the City in conjunction with a private developer,the Applicant has requested this Application to be reviewed as a Public Project,pursuant to Chapter 26.500.030 of the City of in Aspen Land Use Code; and, O WHEREAS, the Community Development Department received comments on the Application from the Aspen Consolidated Sanitation District, City Engineering, Building v Department,Environmental Health Department,Parks Department,Aspen/Pitkin County Housing ' MAuthority, and Public Works Department, as a result of the Development Review Committee meeting held on September 6, 2017; and, pN WHEREAS, the Aspen Community Development Department reviewed the proposed Application and recommended approval with conditions; and, WHEREAS,the Aspen/Pitkin County Housing Authority Board of Directors reviewed the Application on October 18, 2017, and recommended approval; and, s `, WHEREAS, the Planning & Zoning Commission reviewed the Application at a duly V noticed public hearing on October 24,2017,during which the recommendations of the Community t L Development Director and comments from the public were heard by the Planning & Zoning VCommission, and recommended approval with conditions by Resolution No. 14, Series of 2017, by a vote of five to zero (5—0). WHEREAS, all required public noticing was provided as evidenced by an affidavit of Q public noticing submitted to the record, a summary of public outreach was provided by the applicant to meet the requirements of Land Use Code Section 26.304.035, and the public was provided full access to review the Application; and, 488 Castle Creek Road Aspen City Council Ordinance No.31,Series 2017 Page 1 of 11 WHEREAS,the Applicant conducted additional public open houses to obtain feedback on the proposed application on January 5,2017,January 11,2017,March 2,2017,and March 8,2017, and work sessions to obtain feedback from City Council on February 14, 2017 and March 28, 2017; and, WHEREAS, the Application was referred to Pitkin County for comments due to the property's proximity to Pitkin County; and, WHEREAS,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 recommendations of the Community Development Director, the Planning & Zoning Commission, Pitkin County, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, on November 13, 2017, the Aspen City Council approved Ordinance No. 31, Series of 2017 on First Reading by a five to zero(5-0)vote; and, WHEREAS, during a duly noticed public hearing on December 11, 2017 the Aspen City Council approved Ordinance No. 31, Series of 2017,by a three to two (3 —2)vote,approving Major Public Project Review and associated land use reviews; and, WHEREAS, City Council finds that the development proposal meets or exceeds all the applicable development standards; and, WHEREAS, 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 OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1: Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Aspen City Council grants 488 Castle Creek Road Major Public Project review approval and the associated land use reviews for Rezoning, Planned Development, Growth Management, 8040 Greenline Review, Subdivision, and Residential Design Standards, subject to the recommended conditions of approval as listed herein. The proposed project includes merging the two-lot subdivision into one lot and rezoning the property to Affordable Housing/Planned Development (AH/PD), and development of twenty VbAC (Zi)affordable housing units. The approved dimensions are attached as Exhibit A to this ordinance. The approved design and material palette are attached as Exhibit B. Minor design changes as a result of refinement to internal programming or to meet Building, Engineering, or Utility code requirements may be approved as part of the building permit review. Minor changes to material and fenestration arrangements or other insubstantial changes may be approved as part of the building permit review. 488 Castle Creek Road Aspen City Council Ordinance No.31, Series 2017 Page 2 of 11 Section 2: Rezoning The Official Zone District Map of the City of Aspen shall be, upon filing of the Amended Subdivision/PD Amendment Plat, amended by the Community Development Director to reflect the following property as included in the Affordable Housing/Planned Development (AH/PD) zone district, on all portions of said land: Lot 1, Re-subdivision lots 1 & 2, 488 Castle Creek Rd. PUD & Lot Split, September 27, 2006 in Plat Book 81 at Page 48 as Reception No. 529046, City of Aspen, County of Pitkin, State of Colorado. Section 3: Residential Design Standards Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves the request for one Residential Design Standard variation that will permit a variation from the Principal Window Standard, and as depicted in Exhibit 2. The Aspen City Council has found the proposed design to meet the requirements of the review criteria for a Residential Design Standard variation. Section 4: Approval Documents In accordance with Section 26.490.040,Approval Documents Content and Form,a final approved plan set shall be submitted to the Community Development Department. The plan set shall at a minimum include the following information: • 1. Subdivision/PD amendment plat,pursuant to Section 26.490.040.A. 2. Planned Development—Project Review and Detailed Review approval plans, pursuant to Section 26.490.040.D(3) & (4). These may be combined into one plan set. 3. Illustrative Site Plan,pursuant to Section 26.490.040.D(8). 4. Transportation Management Plan,pursuant to Section 26.490.040.D(10). 5. Landscape Character Plan,pursuant to Section 26.490.040.D(13). 6. Site Topography and Drainage Plan, pursuant to Section 26.490.040.D(15). 7. Public Infrastructure Plan,pursuant to Section 26.490.040.D(17). In accordance with Section 26.490.050, Development Agreements, a Development Agreement (hereinafter"Agreement") shall be entered into with the City. All approval documents, plats, plans, and agreements shall be submitted to the Community Development Department within one (1) year following issuance of a Development Order. Section 5: Affordable Housing City Council hereby approvals of twenty �;Duf (_&ffordable housing units. The unit types shall be as follows: 1. f�eP✓1 Lr�1) 1-bedroom units and ten (10) 2-bedroom units (54 FTEs) 488 Castle Creek Road Aspen City Council Ordinance No.31, Series 2017 Page 3 of 11 As represented in the application, the proposed units are granted a reduction in the Net Minimum Livable Square Footage,pursuant to the APCHA Employee Housing Guidelines("Guidelines")as follows: Unit Proposed Minimum %Deficit 001 681.5 700 11.6% 002 780.3 900 13.3% 003 628.21 700 10.5% 004 636.93 700 1.4% 005 636.93 700 2.2% 006 783.34 700 2.6% 007 782.85 700 1.4% 008 618.49 700 10.5% 101 661.89 700 1.4% 102 818.16 700 2.2% 103 661.89 700 5.4% 104 661.89 700 5.4% 105 661.89 700 5.4% 106 819.52 900 8.9% 107 819.52 900 8.9% 108 661.89 700 5.4% 201 686.66 700 1.9% 202 844.3 900 6.2% • 203 842.77 900 6.4% 204 661.89 700 5.4% 205 661.89 700 5.4% 206 818.02 900 9.1% 207 842.7 900 6.4% 208 686.66 700 1.9% Any further reduction in Net Livable Square Footage for any of the units shall require approval from APCHA. All units shall meet the requirements of the Guidelines regarding closets, kitchen appliances, etc. in place at the time of building permit. Each affordable housing unit shall be individually metered for utilities. This project is approved as rental units with the future option to convert to ownership units. Depending on the type of tenancy (100% renter-occupied, 100% owner-occupied, or a mix of renter-occupied and renter-occupied)the following conditions shall apply: 100% Rental Project: 1. Minimum occupancy in accordance with the Guidelines is required for all units. 2. All new tenants shall be approved by APCHA in accordance with the Guidelines prior to signing a lease and occupying the unit. 3. All leases shall be provided to APCHA and state the length of the lease, the amount of rent, and signed by both the tenant and the landlord. 488 Castle Creek Road Aspen City Council Ordinance No.31, Series 2017 Page 4 of 11 100% Ownership Project: 1. A Capital Reserve Study shall be provided to the homeowners' association (HOA) and to APCHA by a certified reserve specialist at the time of sale of the property(either individually or as a whole). 2. The developer shall obtain approval of all condominium documents and provide to APCHA for review prior to acceptance. These shall include, but may not be limited to,the following: a. Articles of Incorporation b. By-Laws c. Condominium Declaration d. Condo Plat Map e. Nine required governance policies required by the Colorado Common Interest Ownership Act (CCIOA). f. Budget 3. At the closing on all units, the developer shall provide to each new homeowner a binder that will include,but may not be limited to, the following: a. All condominium documents stated in#5 above; b. All mechanical warranties,all warranties for appliances,etc. Mixed Ownership/Rental Project: 1. All criteria stated under 100%Ownership Project shall apply to all ownership units. 2. All criteria stated under 100%Rental Project shall apply to all rental units. 3. The rental units shall not exceed 49% of the total units within the project. • 4. One entity/owner shall not own more than 10%of the total units within the project. Prior to a Certificate of Occupancy being issued for the completed project, deed restrictions for the units that reflect the requirements of this Ordinance shall be approved by the City Attorney and APCHA and recorded. Final Category designations for all units not subject to the Low-Income Housing Tax Credit requirements shall be memorialized as part of the Agreement. Section 6: Parking Impact Requirement The project is required to provide 34 parking impact units. Changes to parking to meet the requirements of the Americans with Disabilities Act (ADA) or the Federal Fair Housing Act (FHA)may be reviewed and approved administratively. A minimum of 30 on-site parking spaces are approved and the four (4) remaining impact units may be met by one of the following or a combination thereof, at the discretion of the applicant, are required: 1. One (1) TIA credit, and three (3) physical parking spaces provided in a shared parking agreement at a location within the Urban Growth Boundary (UGB). 2. One (1) TIA credit, and three (3) additional TIA credits that match or exceed a monetary value of $114,000 (3 spaces x $38,000), to be approved by the Engineering and Transportation Departments. 3. One(1)TIA credit, and a cash-in-lieu payment of$114,000 (3 spaces x $38,000). 4. One (1) TIA credit, and provide an additional three (3)parking spaces on-site. 5. Four(4)physical parking spaces in shared parking agreement at a location within the Urban Growth Boundary(UGB). 488 Castle Creek Road Aspen City Council Ordinance No.31, Series 2017 Page 5 of 11 Section 7: Zoning This approval does not exempt the project from compliance with applicable zoning regulations of the City of Aspen's Land Use Code,including,but not limited to Section 26.575.020,Calculations and Measurements. Section 8: Engineering 1. The Applicant's design shall be compliant with all sections of the Municipal Code, Title 21 and all construction and excavation standards published by the Engineering Department. 2. The project shall meet the Urban Runoff Management Plan Requirements. 3. A major drainage report that meets URMP and Engineering Design Standards is required with building permit submittal. 4. The water distribution main that cuts through the property requires an updated waterline easement of 3Oft centered on the pipe. 5. A sidewalk shall not be required in the Castle Creek Road right-of-way. 6. A multi-modal,eight(8)foot wide,ADA-accessible path connecting the project to the existing Marolt Bike Path is required, as approved by the Parks Department and the Engineering Department. 7. The project will provide a partially improved, non-ADA accessible trail connection from the northern section of the property to Marolt Bike path. Section 9: Fire Mitigation All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire • sprinkler and fire alarm systems(IFC, as amended, Section 903 and 907). Section 10• Parks 1. Tree removal permits are required prior to issuance of a building permit for any demolition or significant site work. Mitigation for removals must be met by paying cash in lieu,planting on site, or a combination of both,pursuant to Municipal Code Chapter 13.20. 2. Remaining trees to have fence protection at driplines of trees and must be inspected prior to any activity. 3. Aspen native seed mix to be used in City right-of-way. 4. Irrigation in City right-of-way required. 5. The construction of the retaining wall on property line by Castle Creek Road will require coordination with the City Forester. A proposed tree preservation method for the large cottonwood near the wall must be presented to Parks prior to sidewalk detail and parking lot plans. This tree will also require tree protection fencing at dripline. 6. This project is subject to the Water Efficiency Landscape Standards, Municipal Code Chapter 25.30. Section 11: Aspen Consolidated Sanitation District(ACSD) 1. ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. 488 Castle Creek Road Aspen City Council Ordinance No.31, Series 2017 Page 6 of 11 2. On-site utility plans require approval by ACSD. 3. Connection to the ACSD sewer system will require installation of a pumping system. 4. One tap is allowed for each building. 5. Shared service line agreements will be required where more than one unit is served by a single service line. 6. Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. 7. All ACSD fees must be paid prior to the issuance of a building permit. 8. Where additional development would produce flows that would exceed the planned reserve capacity of the existing system (collection system and or treatment system) an additional 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. 9. Where additional development would produce flows that would overwhelm the planned capacity of the existing collection system and or treatment facility, the development will be assessed fees to cover the costs of replacing the entire portion of the system that would be overwhelmed. The District would fund the costs of constructing reserve capacity in the area of concern(only for the material cost difference for larger line). • 10. The glycol heating and snow melt system must be designed to prohibit and discharge of glycol to any portion of the public and private sanitary sewer system. The glycol storage Section 12: Water/Utilities 1. The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Municipal Code, as required by the City of Aspen Water Department. 2. All Water System Distribution standards in place at the time of building permit shall apply, and all tap fees will be assessed per applicable codes and standards. Utility and transformer placement and design shall meet adopted City of Aspen standards. 3. An updated easement for the water distribution main will be provided. The current water distribution standards call for a water line easement of 3Oft centered on the pipe. If any grading takes place in this easement, it will be required that 7ft of cover is maintained. 4. If a service line that is greater than 2in. it will be reviewed as a main line. Section 13: Outdoor Lighting and Signage All outdoor lighting and all signage shall meet the requirements of the Municipal Code. Section 14: Building Department All applicable building and accessibility codes in place at the time of building permit submission shall be met. 488 Castle Creek Road Aspen City Council Ordinance No. 31,Series 2017 Page 7 of 11 Section 15: Transportation Impact Analysis (TIA) The approved project is required to mitigate 28.69 trips. Final TIA mitigation methodology will be reviewed and approved by the City Engineering Department and Transportation Department prior to issuance of a building permit. Section 16: Impact Fees and School Land Dedication The Parks Development and TDM/Air Quality impact fees as required by Section 26.610 of the Land Use Code and School Land Dedication as required by Section 26.620 of the Land Use Code shall be required in entirety for the development of this project. Any applicable fees shall be assessed at the time of building permit application submittal and paid at building permit issuance. The amount shall be calculated using the methodology and fee schedule in effect at the time of building permit submittal. Section 17: Environmental Health Department The Applicants shall obtain Special Review approval from the Environmental Health Department in accordance with Municipal Code Chapter 12.10 for the trash and recycle area,prior to issuance of building permit. Section 18: Vested Rights The development approvals granted herein shall constitute a site-specific development plan vested for a period of five(5)years from the date of issuance of a development order. Section 19: Representations Preserved 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 Community Development Department, the Planning & 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 or an authorized authority. Section 20: Existing Litigation 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 21: Severability 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 22: Public Hearing A public hearing on this ordinance shall be held on the 27 day of November, 2017, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, 488 Castle Creek Road Aspen City Council Ordinance No.31, Series 2017 Page 8 of 11 Aspen, Colorado,a minimum of fifteen 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 23• 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 Community Development Department, the 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 or an authorized authority. Section 24• This Resolution 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 25: 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 deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. INTRODUCED,READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 13 day of November,2017. Aft t: t Linda Manning,City Cler Steven"Skaldon,Mayor FINALLY,adopted,passed and approved this 11th day of December,2017. Aft Aqs : i -/Linda Manning,City C rk Steven S16ron,May Approved as to form: mes R. True,City Attorney 488 Castle Creek Road Aspen City Council Ordinance No.31,Series 2017 Page 9 of 11 Attachments: Exhibit A:Approved Dimensional Requirements Exhibit B:Approved Plans and Elevations 488 Castle Creek Road Aspen City Council Ordinance No.31,Series 2017 Page 10 of 11 • Exhibit A—Approved Dimensional Requirements Dimensions Proposed Minimum Gross Lot Area 35,895 sq. ft. Minimum Gross Lot Area per Unit 1,496 sq. ft. Maximum Allowable Density 24 units Minimum Lot Width 70 ft. Minimum Front Yard Setback 25 ft.' Minimum Side Yard Setback 5 ft.' Minimum Rear Yard Setback 5 ft. Maximum Site Coverage 21% Maximum Height,Marolt Elevation 43 12,3 rear of bldg.) Maximum Height, Castle Creek 25,2,3 Elevation front of bldg.) Minimum Percent Open Space 45% Minimum Trash Access Area 150 sq. ft. Maximum Allowable Floor Area 19,684 sq. ft. Maximum Allowable Deck Area 6,621 sq. ft. 34 Parking Impact Units (30 physical spaces on- Minimum Parking site, 4 units pursuant to Section 6 of this Ordinance 'Retaining features, decks and balconies are permitted to encroach into the setback in addition to the allowed projections listed in Section 26.575.020.E(5),as amended. Z As measured from finished grade 'Subject to 26.575.020.F.4,Allowed Exceptions to Height Limitations from the effective date of application through expiration of vesting. 488 Castle Creek Road Aspen City Council Ordinance No.31,Series 2017 Page 11 of 11 r N 3 n o a n .,c s 36 0 5 3 3n 33E O1 Q^Q sa 6 an • moa wn3 n a RPS o asF od L; 17 M. •I e . y �1 1 i t 2 ir a 86 adam6 a5 'OR -a o mRa - s a e m a 83 moo _ Yar 3 R Q u Y S S£3 30 ° n - - N Z c e C) D 488 CASTLE CREEK ROAD ^� DESIGNconnect one < 1 p ASPEN,COLORADO 81611 (n ? 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Vos Caudill 11'K I N Transaction Receipt Pitkin County Clerk and Recorder Print Date: 12/13/2018 03:24:53 PM 534 East Hyman Avenue COUNT Transaction #617117 Aspen, CO 81611 Transaction Type: Recording (970)429-2716 Receipt#2018006530 Cashier: Chrissy Carson Cashier Date: 12/13/2018 03:24:49 PM Number of Documents Recorded: 2 Reception#652613 -EASEMENT- 8pg(s) Recording Surcharge: $3.00 Recording Fee: $45.00 $48.00 Reception#652614- ORDINANCE- 24pg(s) Recording Surcharge: $3.00 Recording Fee: $125.00 $128.00 Total Fees $176.00 Payment Received: Escrow Account $176.00 Change $0.00 Escrow Account: ASPEN CITY OF (CLERK) (New Balance: $542.25) Presented by: ASPEN CITY OF (CLERK) ATTN CITY CLERK