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HomeMy WebLinkAboutordinance.council.006-06 1111111111111111111111 ~~~~~~;!;3 55 JI=INICE K vas Ci=lUDILL PITKIN COUNTY CO R 36.00 D 0.00 ORDINANCE NO. 6 (SERIES OF 2006) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL REZONING THE "BOOMERANG VACANT PARCEL" TO THE R-6 (MEDIUM-DENSITY RESIDENTIAL) ZONE DISTRICT AND APPROVING A LOT SPLIT, CREATING LOTS 1 AND 2 OF THE BOOMERANG LOT SPLIT, CITY OF ASPEN, PITKIN COUNTY, COLORADO. ParcelID: 2735-124-66-001 WHEREAS, the Community Development Department received an application from Aspen FSP-ABR, LLC, requesting to rezone the "Boomerang Vacant Parcel" located on the south side ofW. Hopkins Avenue, containing portions of Lots A-I, Block 32, City and Townsite of Aspen from the R-15 (Moderate-Density Residential) Zone District with a PUD and Lodge Preservation Overlay to the R-6 (Medium-Density Residential) Zone District and requesting approval of a Lot Split to divide the 19,737 square foot property into a parcel of approximately 12,237 square feet and a parcel of approximately 7,500 square feet; and, WHEREAS, upon review of the application, the applicable code standards, the Community Development Department recommended approval with condition of the proposed rezoning and lot split application; and, WHEREAS, the Aspen Planning and Zoning Commission reviewed and considered the development proposal during a duly noticed public hearing opened on January 17, 2006, and continued to January 24, 2006. The Planning and Zoning Commission approved Resolution No.3, Series of 2006, by a five to one (5-1) vote, recommending that City Council rezone the subject property to the R-6 Zone District, and recommending that City Council approve the requested lot split with conditions, under the applicable provisions ofthe Municipal Code as identified herein; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and elements ofthe 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 THAT: Section 1: Pursuant to the procedures and standards set forth in Land Use Section 26.310, Amendments to the Land Use Code and Official Zone District Map, the City Council hereby rezones the "Boomerang Vacant Parcel" containing portions of Lots A-I, Block 32, City and Townsite of Aspen, from the R-15 (Moderate-Density Residential) Zone District with PUD and Lodge Preservation Overlays to the R-6 (Medium-Density Residential) Zone District. Ordinance No.6, Series of 2006 "Boomerang Vacant Parcel" Lot Split and Rezoning, Page 1 1111111111111111111111 ~~~~~~;!;3 55 Section 2: JONICE K VOS COUDILL PITKIN COUNTY CO R 36.00 0 0.00 Pursuant to the procedures and standards set forth in Land Use Section 26.480.030(A)(2), Subdivision Exemptions: Lot Split, the City Council approves a lot split to divide the "Boomerang Vacant Parcel" into Lot I of approximately 7,500 square feet and Lot 2 of approximately 12,237 square feet for the construction of a total of three (3) detached dwelling units, with the conditions contained herein. Lot I is limited to one (1) single family residence and Lot 2 is limited to two (2) detached free market residences, plus two ADU/CH units attached to one-another. All dimensions including allowable floor area and the manner in which ADU/Carriage Houses are calculated, shall be as specified in the Aspen Land Use Code, as may be amended from time to time. Section 3: Subdivision Exemption Plat The Applicant shall submit and record a subdivision exemption plat that meets the terms of Land Use Code Section 26.480 in the office of the Pitkin County Clerk and Recorder no later than 180 days after final approval is obtained. The Lot Split Plat shall clearly label the proposed lot line that separates Lot 1 from Lot 2, housing type and density per lot, and show all easements of record. The plat may also include a note indicating that the land area contained within the trail easement shall not be excluded from the calculation of Lot Area. Section 4: Subdivision Exemption Al!reement The Applicant shall submit and record a subdivision exemption agreement that meets the terms of Land Use Code Section 26.480.030, in the office of the Pitkin County Clerk and Recorder no later than 180 days after final approval is obtained. Section 5: Buildinl! Permit Application The building permit application for each of the residential units shall include the following: 1. A copy of the final Ordinance and P&Z Resolution. 2. The conditions of approval printed on the cover page of the building permit set. 3. A completed tap permit for service with the Aspen Consolidated Sanitation District. 4. A tree removal permit as required by the City Parks Department and any approval from the Parks Department Director for off-site replacement or mitigation of any removed trees. The tree removal permit application shall be accompanied by a detailed landscape plan indicating which trees are to be removed and new plantings proposed on the site. Additionally, a right-of-way landscaping plan shall be provided as part of the building permit application identifying that any trees removed from the right-of-way will have to be relocated. Any disruption or damage to the right-of-way irrigation system during construction shall also be repaired to the satisfaction of the Parks Department. Ordinance No.6, Series of 2006 "Boomerang Vacant Parcel" Lot Split and Rezoning, Page 2 o 0.00 5. A 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 5-year storm frequency should be used in designing any drainage improvements. 6. A construction management plan pursuant to the requirements of the Community Development Department. The construction management plan shall include a plan for protecting the Midland and W. Hopkins Avenue Trails during construction. This plan shall be reviewed and approved by the Parks Department prior to building permit issuance. 7. A fugitive dust control plan to be reviewed and approved by the City Engineering Department. - Section 6: Growth Manal!ement Allotments The Applicant shall obtain Administrative Growth Management approval and provide affordable housing mitigation by developing one (I) "for sale" accessory dwelling unit or carriage house per lot, as contained within the Applicant's proposal. The ADU/Carriage House unit mitigating the Lot I development shall contain between 750 and 1200 square feet of net livable area and be located on Lot 2; the ADU/Carriage House mitigating the Lot 2 development shall contain between 750 and 1200 square feet of net livable area and be located on Lot 2. This mitigation will be acceptable mitigation for each of the residential dwelling units to be constructed on Lots I and 2 of the lot split pursuant to Land Use Code Section 26.470.040(B)(I), Administrative Growth Management Review: Detached single-family or duplex dwelling units, as amended from time to time. Section 7: Use and Dimensional Requirements The lots created by the lot split shall be subject to the use and dimensional requirements of the Medium-Density Residential (R-6) Zone District and as specified in Section 2 of this ordinance. The free market residential dwelling units to be developed on Lot 2 shall be constructed as two (2) detached dwelling units rather than in a duplex configuration; the "for sale" ADU/Carriage House units shall be developed in a duplex configuration. Section 8: Desilm Standards All residential dwelling units (free market and affordable) to be constructed on Lots I and 2 shall meet the residential design standards in place at the time of building permit, unless any variance(s) is duly obtained. In addition, the ADU/Carriage House units on Lot 2 shall also meet the ADU Design Standards contained in Section 26.520.050 of the Code, unless any variance(s) is duly obtained or where a stricter standard is specified within this ordinance. Section 9: Vehicular Access Vehicular access to Lot 1 shall be taken from the South Fourth Street stub located directly to the east of the property. There shall not be any vegetation taller than 30 inches Ordinance No.6, Series of 2006 "Boomerang Vacant Parcel" Lot Split and Rezoning, Page 3 1111111111111111 111111 ~~~~~~;!;3 : 55 JI=INICE K VOS CRUDILL PITKIN COUNTY CO R 36.00 D 0.00 from eXlstmg grade planted within the area fifteen (15) feet south or north of the driveway to be accessed from 4th Street, at the property line or in the public right-of-way to maintain a sufficient view corridor for trail users to see vehicles crossing the trail. The Applicant shall also relocate the existing Midland Trail sign to the south side of the driveway and attach a new sign on the backside of the Midland Trail sign indicating the presence of the driveways crossing the trail to trail users. Vehicular access to Lot 2 shall be taken from West Hopkins Avenue via a single curb cut. The residential units on Lot 2 shall share a single driveway and the curb cut shall be designed and constructed such that it will not provide a net loss in on-street parking in the W. Hopkins Avenue Right-of-Way (it may be necessary to reconstruct and realign a portion of the existing sidewalk/trail to ensure no net loss of on-street parking). The driveway access shall meet the City Engineering Department's standards for drive ramps. The driveway entrance points shall be in substantially the same location as they are shown in the addendum to the application. Section 10: Curb and Gutter The Applicant shall construct curb, and gutter along the West Hopkins Avenue frontage of the property being divided prior to issuance of a certificate of occupancy for any of the units in the project. The timing of this installation may be changed if approved by the City Engineer. If the W. Hopkins Pedestrian Trail is altered during construction, the Applicant shall repair the trail to the condition it was in prior to construction while allowing for the potential for modest realignment. The radii of the curb cut shall be the minimal that functions for the purpose of a driveway. The applicants shall gain approval from the Community Development Engineer to determine an appropriate sizing. Section 11: Trail Easement The Applicant shall grant a four (4) foot wide public trail easement to the City of Aspen along the western side property line of Lot 2 and on the westemmost 90 feet of Lot 2, running directly adjacent to the southern property line. A slightly wider easement shall be granted at the southwest comer of Lot 2 to allow for a moderate turning radius on the trail. The exact location of this easement shall be approved by the Parks Department prior to recordation of the final subdivision exemption plat. This easement shall be shown on the subdivision exemption plat and shall be described in the subdivision exemption agreement. The easement shall not affect allowable FAR, density, setback requirements, or other dimensional requirements. Section 12: Landscapinl! The Applicant shall install a tree root barrier on the trees that are to be planted within ten (10) feet of the W. Hopkins trail to prevent future root damage and trail upheaval. The Applicant shall also install tree saving construction fences around the drip line of any trees to be saved subject to the following provisions: Ordinance No.6, Series of 2006 "Boomerang Vacant Parcel" Lot Split and Rezoning, Page 4 1- . '", 1111111111111111111111 ~~~~~~;!;3 : 5, JI=INICE K VOS CRUDILL PITKIN COUNTY CO R 36.00 0 0.00 a. The City Forester or his/her designee must inspect this fence before any construction activities commence. b. No excavation, storage of materials, storage of construction equipment, construction backfill, foot or vehicular traffic shall be allowed within the drip line. Section 13: Soil Subsidence and Rock Fall Hazards The Applicant shall submit geotechnical and soil stability reports performed by a qualified, licensed engineer demonstrating the land is suitable to handle the proposed development. The Applicant shall also submit a report from a qualified, licensed engineer demonstrating that rock fall from the slope above the proposed development will be sufficiently mitigated to prevent rock fall hazards. This report shall be submitted for review by the Community Development Department prior to the issuance of full structural building permits. Section 14: Fire Mitil!ation The Applicant shall install a fire sprinkler system that meets the requirements of the Aspen Fire Marshal in any residential unit that is 5,000 square feet or more. Use of charcoal grills shall be prohibited in this development because of fire danger concerns. This prohibition shall be included in the Subdivision Exemption Agreement for the development. Section 15: Aspen Consolidated Sanitation District Requirements The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter drains) to ACSD "- lines shall be allowed. Section 16: Impact, Park Development, and Scbool Land Dedication Fees Park Development Impact Fees shall be assessed on each residential unit constructed on Lots I and 2 at the time of building permit issuance. The park development impact fees shall be calculated by the City Zoning Officer at the time of building permit issuance using the fee schedule in place at said time. School Land Dedication Fees shall be assessed on the proposal pursuant to Land Use Code Section 26.630, School Lands Dedication, and a proportionate amount of all applicable impact fees shall be due at the time of building permit issuance for each residence within the lot split. Other Impact Fees, as applicable, shall be due at the time of building permit application submittal. Section 17: Exterior Lil!htinl! All exterior lighting shall meet the City's Lighting Code Requirements pursuant to Land Use Code Section 26.575.150, Outdoor Lighting. Section 18: Previous Approvals Upon recordation of the subdivision exemption plat, the previous approvals including PUD, Subdivision and any others associated with the subject property will become Ordinance No.6, Series of2006 "Boomerang Vacant Parcel" Lot Splil and Rezoning, Page 5 . ,- --.-.---_._---- ._.------~---,,~_._---~_. vacated, null and void for good cause found, and the provisions of this approval will be in place. Section 19: Vested ProDertv Ril!hts 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 circulation 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, 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: Portions of Lots A-I, Block 32, City and Townsite of Aspen, by Ordinance No.6, Series of2006, of the Aspen City Council. - Section 20: 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 Planning and Zoning 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 21: 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 22: 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 23: A public hearing on the ordinance shall be held on the 27th day of March, 2006, in the City Council Chambers, Aspen City Hall, Aspen, Colorado, 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. Ordinance No.6, Series of 2006 "Boomerang Vacant Parcel" Lot Split and Rezoning, Page 6 1111111111111111111111 ~~~~~~;!;3 5, J~NICE K vas CAUDILL PITKIN COUNTY CO R 36.00 0 0.00 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council ofthe City of Aspen on the 13th day of February 20 6. ATTEST: FINALLY, """'tol, p"ocd""" 'PPro"d thi~ _ ~ elen K:i in de d, Mayor ATTEST: -- ~ APPROVED AS TO FORM: J . Worcester, City Attorney Ordinance No.6, Series of 2006 "Boomerang Vacant Parcel" Lot Split and Rezoning, Page 7