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Home My WebLink Aboutordinance.council.023-96 ORDINANCE NO. 23 (SERIES OF 1996) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING FINAL SPA APPROVAL, SUBDMSION, CONDITIONAL USE APPROVAL FOR AFFORDABLE HOUSING IN THE PUBLIC ZONE DISTRICT, SPECIAL REVIEW FOR PARKING OPEN SPACE AND DIMENSIONAL REQUIREMENTS FOR AFFORDABLE HOUSING, 8040 GREENLINE REVIEW AND A GMQS EXEMPTION FOR AFFORDABLE HOUSING FOR THE CITY OF ASPEN WATER TREATMENT PLANT AND AFFORDABLE HOUSING PROJECT SITUATED ON LOT 2 AND 4 OF THE THOMAS PROPERTY, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, The City of Aspen ("Applicant") represented by Tom Stevens, submitted an application to the Planning Office requesting approval of the Water Treatment Plant and Affordable Housing Project which consists of 23 deed restricted affordable housing units, A Final SPA Plan, Subdivision, Conditional Use Review, GMQS Exemption for Affordable Housing, Special Review for Parking, Open Space and Dimensional Requirements for Affordable Housing Development and 8040 Greenline Review; and WHEREAS, the Planning and Zoning Commission considered the applicant's request at a public hearing on July 2, 1996, at which time the Commission recommended approval to City Council for A Final SPA Plan, Subdivision, Conditional Use Review, GMQS Exemption for Affordable Housing, Special Review for Parking, Open Space and Dimensional Requirements for Affordable Housing Development and 8040 Greenline Review; and WHEREAS, the Aspen City Council has reviewed and considered the Plan under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered 1 -.....-...--..---.--.'''. those recommendations and approvals as granted by the Planning and Zoning Commission, and has taken and considered public comment at public meeting and public hearing; and WHEREAS, the City Council finds that the Plan meets or exceeds all applicable development standards and that the approval of the Plan, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and WHEREAS, the City Council fmds that this Ordinance furthers and is necessary for public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1: Pursuant to Section 28.80.010 (SPA Amendment), Section 26.88 (Subdivision), Section 26.60.040 (Conditional Use), Section 26.64 (Special Review), Section 26.100.110 (GMQS Exemption), and Section 26.68.030 (8040 Greenline), City Council does hereby approve the "';,>" applicant's request, subject to the following conditions: I. All material representations made by the applicant in the application and during hearings before the Planning and Zoning Commission and City Council are considered conditions of approval, unless amended by other conditions. 2. The amended SPA Development Plan shall be recorded in the office of the Pitkin County Clerk and Recorder. Failure on the part of the applicant to record the amended SPA Development Plan within a period of 180 days following approval by the City Council shall render the PUD approval invalid and reconsideration and approval by the Commission and City Council will be required before the acceptance and recording, unless an extension or waiver is granted by the City Council for a showing of good cause. 3. A final stormwater drainage plan must be approved by the City Engineer prior to the issuance of any development permits. 4. The applicant shall sign Doolittle Drive as 20 miles per hour, to the satisfaction of the City Engineer. -'. 2 """". 5. The proposed pedestrian loop on the east side of Doolittle Drive shall be approved by the Fire Marshall for emergency access purposes. 6. The final plat shall have signature blocks for all utilities. 7. The applicant shall agree to join any future improvement districts which may be formed for construction of right-of-way improvements in adjacent and neighborhood public rights-of-way. 8. The fmal SPA Plan must show, dimension, and number all parking for the development. 9. The applicant shall consult City Engineering for design considerations of development within public rights-of-way, Parks Department for vegetation species, and shall obtain permits for any work or development, including landscaping, within the public right-of-way from City Streets Department. 10. Native vegetation to be retained shall be protected to the maximum extent practical, including the establishment of building envelopes outside of the existing oak scrub. Construction fencing shall be erected at the dripline around all protected vegetation adjacent to structures, trails or roads prior to the issuance of any excavation, grading, or building permits. Any exposed roots must be protected during construction per Parks Department direction. ",<, 11. Street light fixtures and locations shall be approved the Community Development and shown on the Final SPA Plan. 12. Mud shall not be tracked onto City Streets during construction. 13. Prior to acceptance of financial assurances for the project, the cost estimates of improvements must be approved by the City Engineer. 14. A line extension agreement and appropriate fees will be required per Aspen Consolidated Sanitation District Regulations. 15. Homeowners covenants must provide for snow removal on any sidewalks and trails approved through this development review. 16. Street names shall meet the approval of the City Engineering Department. 17. The single family home size variance is allowed for net livable area less than the 1,400 square feet. 18. The deed restrictions shall be 3 Resident Occupied units and 20 Category units. 3 '.....< 19. The eventual trail alignment shall be staked for review by the Community Development Department, and shall avoid as much existing vegetation as practical. Snow removal on the trail shall be the responsibility of the homeowner's association. 20. Residents from adjacent residential neighborhoods should be included in the planning and design of the proposed park. The park should be adequately fenced or screened with vegetation to keep children from straying onto Doolittle Drive. The applicant shall submit a park design to the Parks Department for approval prior to the recording of a final SPA Plan. 21. A park development impact fee will be granted in exchange for the applicant's commitment to design and construct park development activities (grading, drainage, top soil, seeding and vegetation). 22. No fireplaces are approved for the development. 23. A fugitive dust plan shall be approved by Environmental Health prior to the issuance of any grading, excavation, utility, demolition, or building permits. 24. Financial guarantees for landscaping, revegetation, and public facilities improvements must be reviewed and approved by the City Engineer and City Attorney prior to the issuance of any development permits for the project. ,...", 25. The applicant shall submit pavement treatments for the crossing of Doolittle Drive for review and approval by the Engineering Department prior to the recording of a Final SPA Plan. 26. All construction shall be consistent with the Geotech report recommendations conducted by Hepworth-Pawlak Geotechnical, Inc. 27. The applicant is shall be required to present evidence to Council that the GMQS Exemption and associated mitigation waivers are appropriate and warranted. 28. The concrete path surrounding the open space shall be colored to reflect a more natural appearance. 29. The applicant shall confirm, to the satisfaction ofthe City Engineer and County Engineer, that the proposed road impact mitigation is consistent with the relative impact of the project on the Castle/Maroon Creek/SH 82 intersection. 30. The applicant shall be responsible for the minor relocation and improvement of the Doolittle Drive Bus Stop, as shown on Exhibit C of the staff memorandum, prior to the issuance ofC.O. for any units within the project. 4 31. The applicant shall submit proposed landscaping screening or other form of buffering between Doolittle Drive and the single-family units for approval by the Community Development Department prior to recording of a final SPA Plan. 32. The applicant shall revise the elevations for the single family homes on the west side of Doolittle Drive to achieve compliance with Ordinance 30. Community Development staff shall review the revisions prior to recording of a final SPA. Section 2: Pursuant to Section 26.52.080 of the Aspen Municipal Code, City Council does hereby grant the applicant vested rights for the City of Aspen Water Treatment Plant and Affordable Housing project Final SPA for three (3) years from the date of final adoption specified below. Section 3 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 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. .,......-- 5 Section 5 The City Clerk shall cause notice of this Ordinance to be published in a newspaper of .""",,,". general circulation within the City of Aspen no later than fourteen (14) days following final adoption hereof. Such notice shall be given 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 pursuant to Title 24, Article 68, Colorado Revised Statutes, pertaining to the following-described property: The property shall be described in the notice and appended to said notice shall be the ordinance granting such approval. Section 6 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 7 A public hearing on the Ordinance shall be held on the 22 day of July 1996 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 shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by"" Ci" Co~il "ffu, Ci" of ^"'" 00 "'" Sfu "'~IY' ~;~~ John Bennett, Mayor Attest: ~d~ Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this rJ~ day of 6 /- - - -. ~ ,1996. ~ (1J'-- '-*- John Bennett, Mayor Attest: File Location: C:\HOMEIDA VEM\CASESIPUD\W ATERODOC 7