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Home My WebLink Aboutordinance.council.009-06 - "--"'~_."-- -""~~--- ~.~-" ORDINANCE NO.9 (SERIES OF 2006) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING WITH CONDITIONS, THE COOPER APARTMENTS SUBDIVISION, SPECIAL REVIEW TO VARY THE AFFORDABLE HOUSING PARKING REQUIREMENTS, AND CONDOMINIUMIZATION TO CONSTRUCT A MULTI- F AMIL Y BUILDING CONSISTING OF TWO FREE-MARKET RESIDENTIAL UNITS AND THREE DEED-RESTRICTED AFFORDABLE HOUSING UNITS ON THE PROPERTY LOCATED AT 410 S. WEST END STREET, LOTS A AND B, BLOCK 118, CITY OF ASPEN, PITKIN COUNTY, COLORADO. ParcelID: 2737-182-91-001 It WHEREAS, the Community Development Department received an application from John R. Provine and Ronald E. Soldering, Trustee - Soldering Living Trust, Inc, represented by Vann Associates, requesting approval of Subdivision, Growth Management Review for the development of affordable housing, and condominiumization to construct a multi-family building consisting of two free-market residential units and three deed-restricted affordable housing units on the property located at 410 S. West End Street; and, WHEREAS, the subject property is zoned RMF (Residential Multi-Family); and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended approval, with conditions, of the proposed subdivision and associated land use requests; and, WHEREAS, during a duly noticed public hearing on February 7, 2006, the Planning and Zoning Commission approved Resolution No.5, Series of 2006, by a five to zero (5-0) vote, approving with conditions, a growth management review for the development of affordable housing, and recommending that City Council approve with conditions, the proposed subdivision and condominiumization to construct a multi-family building consisting of two (2) free-market residential units and two (2) deed-restricted affordable housing units located on the property located at 410 S. West End Street, Lots A and B, Block 118, City and Townsite of Aspen; and, WHEREAS, during a duly noticed public hearing on March 27,2006, the Aspen City Council expressed concerns related to the project's compliance with the goals and objectives set forth in the Aspen Area Community Plan and continued the public hearing to April 24, 2006; and, WHEREAS, the Applicant amended the proposal to consist of two (2) free market residential units and three (3) deed restricted affordable housing units; and, WHEREAS, during a continued public hearing on April 24, 2006, the Aspen City Council continued review of the proposal to May 8, 2006; and, WHEREAS, during a continued public hearing on May 8, 2006, the Aspen City Council approved Ordinance No.9, Series of2006, by a five to zero (5-0) vote, approving 111111111111111111111111 ~~;:~~;~ ~0 :301 JRNICE K VOS CRUD ILL PITKIN COUNTY CO R 41.00 00.00 with conditions, the proposed subdivision, special review to vary the affordable housing parking requirements, and condominiumization to construct a multi-family building consisting of two (2) free-market residential units and three (3) deed-restricted affordable housing units located on the property located at 410 S. West End Street, Lots A and B, Block 118, City and Townsite of Aspen; 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 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 development 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 THAT: - Section 1: Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the Aspen City Council hereby approves with conditions, the Cooper Apartments Subdivision, Special Review to Vary the Parking Requirements, and Condominiumization in order to construct a multi-family building consisting of two (2) free-market residential units and three (3) deed-restricted affordable housing units on the property located at 410 S. West End Street, Lots A and B, Block 118, City and Townsite of Aspen. Section 2: Plat and Al!:reement The Applicant shall record a subdivision plat and agreement that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of approval. The final Condominium Plat may be approved and signed by the Community Development Director upon substantial completion of construction. Section 3: Buildinl!: Permit Application The building permit application shall include the following: a. A copy of the final Ordinance and P&Z Resolution. a. The conditions of approval printed on the cover page of the building permit set. b. A completed tap permit for service with the Aspen Consolidated Sanitation District. 111111111111111111111111111111111 ~~;:~~;~ ~0301 JRNICE K vos CRUD ILL PITKIN COUNTY CO R 41.00 0 0.00 c. 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. d. An excavation-stabilization plan, construction management plan, and drainage and soils reports pursuant to the Building Department's requirements. The construction management plan shall include an identification of construction hauling routes, construction phasing, and a construction traffic and parking plan for review and approval by the City Engineer and Streets Department Superintendent. The construction management plan shall also identify that the adjacent sidewalks will be kept open and maintained throughout construction. e. A fugitive dust control plan to be reviewed and approved by the City Engineering Department. f. A detailed excavation plan that utilizes vertical soil stabilization techniques for review and approval by the Community Development Engineer. g. Accessibility and ADA requirements shall meet the building code requirements. '''"'- Section 4: Dimensional Requirements The redevelopment of the building as presented complies with the dimensional requirements of the Residential Multi-Family (RMF) Zone District. The structure shall meet all of the required Residential Design Standards applicable to a multi-family building. Compliance with these requirements will be verified by the City of Aspen Zoning Officer at the time of building permit submittal. Section 5: Trash/Utility Service Area The trash enclosure, located adjacent to the side property line and accessed from the alley, shall not use a dumpster style trash container. The trash containers shall be wildlife proof. Section 6: Sidewalks. Curb. and Gutter The sidewalks and crosswalk ramps adjacent to the property shall be upgraded to meet City Engineer's requirements and ADA requirements prior to issuance of a certificate of occupancy on any of the units within the development. Additionally, the sidewalk along South West End Street shall be reconstructed so that it is detached from the curb, creating a five (5) wide landscaping buffer. The Applicant shall also repair any curb and gutter adjacent to the property that is deemed to be in disrepair by the City Engineer before a certificate of occupancy is issued for any of the units within the development. Section 7: Relocation of Utility Pedestal The Applicant shall relocate the utility pedestal that currently exists in the Block 118 alleyway near its intersection with South West End Street. The utility pedestal shall be 11111111111111111111 II ~~;:~~;~ ~0: 30~ JANICE K VOS CRUDILL PITKIN COUNTY CO R 41.00 00.00 relocated further north in the South West End Street Right-of-Way SInce it serves multiple properties. Section 8: Affordable Housinl!: The affordable housing units shall be in compliance with the AspenlPitkin County Housing Authority's Employee Housing Guidelines. The Applicant shall record a deed restriction on each of the affordable housing units at the time of recordation of the condominium plat and prior to the issuance of a Certificate of occupancy for the building, classifying the units as Category 2 units. Included in the governing documents shall be language reflecting the potential for the units to become ownership units. If the Applicant chooses to deed restrict the affordable housing units as rental units, the Applicant shall convey a IIlO of a percent, undivided interest in the units to the AspenlPitkin County Housing Authority prior to the issuance of a certificate of occupancy on any portion of the building. The units may be deed-restricted as rental units, but the units shall become ownership units at such time as the owners would request a change to "for-sale" units or at such time as the AspenlPitkin County Housing Authority deems the units to be out of compliance with the rental occupancy requirements in the Affordable Housing Guidelines for a period of more than year. A total of two (2) off-street parking spaces shall be allocated and reserved for the affordable housing units. "~'''''' Section 9: Fire Mitil!:ation The Applicant shall install a fire sprinkler system and alarm system that meets the requirements of the Fire Marshal. Section 10: Water Department Requirements 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 Aspen Municipal Code, as required by the City of Aspen Water Department. Each of the units within the building shall have individual water meters. Section 11: Sanitation District Requirements The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter, patio drains) to ACSD lines shall be allowed. On-site utility plans require approval by ACSD. Below grade development may require installation of a pumping system. One tap is allowed for each building. Shared service line agreements will be required where more than one unit is served by a single service line. 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. Section 12: Electrical Department Requirements The Applicant shall have an electric connect load summary conducted by a licensed electrician in order to determine if the existing transformer on the neighboring property has sufficient capacity for the redevelopment. If a new supplemental transformer is required to be installed on the subj ect property, the Applicant shall provide for a new 1111111111111111111111111111111111111111111 ~~;:~~;~ ~0: 30~ JRNICE K VOS CRUD ILL PITKIN COUNTY CO R 41.00 0 0.00 transformer and its location shall be approved by the Community Development Department prior to installation. The Applicant shall dedicate an easement to allow for City Utility Personnel to access the supplemental transformer for maintenance purposes, if a supplemental transformer is installed. If after the subdivision plat is recorded and in the event an easement is required, then the Community Development Director shall review and approve the easement on the condominium plat. Section 13: Exterior Lil!:htinl!: All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting. Section 14: School Lands Dedication Fee Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall pay a fee-in-lieu of land dedication prior to building permit issuance. The City of Aspen Community Development Department shall calculate the amount due using the calculation methodology and fee schedule in effect at the time of building permit submittal. The Applicant shall provide the market value of the land including site improvements, but excluding the value of structures on the site. -- Section 15: Park Development Impact Fee Pursuant to Land Use Code Section 26.610, Park Development Impact Fee, the Applicant shall pay a park development impact fee prior to building permit issuance. The Park Development Impact Fee schedule is subject to change and the actual fee shall be calculated according to the fee schedule in effect at the time of building permit submittal as set forth in Land Use Code Section 26.610, Park Development Impact Fee. Section 16: Impact Fees All other impact fees, as applicable, at the time of building permit submission shall be paid prior to the issuance of a building permit. Section 17: Landscapinl!: An approved tree removal permit and excavation under the drip line permit is required prior to submitting the building permit. The Parks Department approval will be contingent on the approved tree permit. A detailed tree protection plan is required as part of the building permit submittal and should include fence details and fence locations as well as the following language, "A construction fence shall be installed at the drip line of each individual or grouping of trees remaining on site." No excavation, storage of materials, storage of construction backfill, storage of equipment, and foot or vehicle traffic will be allowed within the tree protection fence. Contact the City of Aspen Parks Department for inspection of the fence before any construction activities commence. Specific excavation techniques to be approved by the Parks Department shall be required along the entire length of the Cooper Avenue excavation and vertical excavation shall be required along the length of South West End Street excavation. No over digging is allowed on the South West End Street and Cooper Avenue excavations. 1111111111111111111111111111111111111111111111111111111 ~~;:~~~ ~0: 301 JRNICE K VOS CAUDILL PITKIN COUNTY CO R 41.00 00.00 .","~,p- After inspection and approval of the fence location, the fence cannot be moved or removed without permission from the Parks Department or until the project receives the Certificate of Occupancy." Improvements to both of the adjacent City ROW's shall include irrigation, new sod and soil, and new street tree plantings along East Cooper Avenue and South West End Street meeting the approval of the Parks Department. Autumn Blaze Maple trees shall be planted along Cooper A venue and Ussarian Pear trees shall be planted along South West End Street. All street tree plantings shall be evenly spaced at about fifteen (15) to twenty (20) feet apart. The Parks Department will perform a diagnostic test on the tree located adjacent to the proposed northeast entry walk to determine if the tree should be removed prior to the commencement of construction activities. Ifthe abovementioned tree is prohibited from removal by the Parks Department, the Applicant shall redesign or remove the walkway to Cooper Avenue. The Applicant shall also remove the stand of Aspen Trees located near the northwestern corner of the property because they are in declining health. -- Section 18: Vested 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. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. 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 ofa 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: Property Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. 1111111I111111111111111111111111111111111111 ~~;:~~~ ~ 0: 30' JRNICE K VOS CRUD ILL PITKIN COUNTY CO R 41.00 0 0.00 ,~ The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication ofthe notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 19: 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 construed and concluded under such prior ordinances. Section 20: 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 21: 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 22: 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 (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 the City Council of the City of Aspen on the 27th day of February, 2006. Attest: ~Ci~Cl&k ~ 11'111111111 :~~ :..~ co R 41.00 0 0.00 FINALLY, adopted, passed and approved this 8th day of May, 2006. Attest: (:5~:cil;~ Approved as to form: -./ ~;q'I/l/~ L.johrfP? Worcester, City Attorney ',..." 1111111111111111111111 11111111111111111111 1111111111111 ~;;:~~~ 8 . JANICE K vas CRUD ILL PITKIN COUNTY CO "" /2006 10.301 n 41.00 00.00