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Home My WebLink Aboutordinance.council.016-06 --_.1_ ORDINANCE NO. 16 (SERIES OF 2006) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING WITH CONDITIONS THE HANNAH DUSTIN BUILDING SUBDIVISION TO ADD 2,440 SQUARE FEET OF NET LEASABLE SPACE, TWO FREE MARKET RESIDENTIAL UNITS, AND THREE AFFORDABLE HOUSING UNITS TO THE PROPERTY LOCATED AT 300 SOUTH SPRING STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO. ParcelID: 2737-182-27-001 WHEREAS, the Community Development Department received an application from Hyman Avenue Holdings, LLC, represented by Stan Clauson Associates, LLC, requesting approval of subdivision, various growth management reviews, commercial design review, and condominiumization to add 2,440 square feet of net leasable space, two (2) free-market residential units, and three (3) affordable housing units to the Hannah-Dusting Building located at 300 S. Spring Street; and, WHEREAS, the subject property contains 12,000 square feet and is zoned MU (Mixed Use); 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 public hearing on April 4, 2006, the Planning and Zoning Commission approved Resolution No. 09, Series of 2006, by a six to zero (6-0) vote, approving a growth management review for expansion of mixed use development, a growth management review for free-market residential units within a mixed use development, a growth management review for affordable housing, commercial design review, a commercial design standard variance, special review to vary the utility/trash/recycling area, and recommending that City Council approve with conditions, the proposed Subdivision and condominiumization to add 2,440 square feet of net leasable space, two (2) free- market residential units, and three (3) affordable housing units to the Hannah-Dusting Building located at 300 S. Spring Street; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Aspen 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 Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. 1111111111111111 111111 :;~~~~:;!;8 55 JANICE K VOS CAUDILL PITKIN COUNTY CO R 31.00 0 0.00 ~_,_u __ .. .____, NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, (and whereas the Planning and Zoning Commission approved with conditions, a growth management review for expansion of mixed use development, a growth management review for free-market residential units within a mixed use development, a growth management review for affordable housing, commercial design review, a commercial design review variance, and special review to vary the utility/trash/recycling area dimensions), the City Council approves, the proposed Subdivision and condominiurnization to add 2,440 square feet of net leasable space, two (2) free-market residential units, and three (3) affordable housing units to the Hannah- Dusting Building located at 300 S. Spring Street, with the conditions contained herein. 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. Section 3: Buildinl!' Permit Application The building permit application shall include the following: a. A copy of the final City Council Ordinance and P&Z Resolution. b. The conditions of approval printed on the cover page of the building permit set. c. A completed tap permit for service with the Aspen Consolidated Sanitation District. d. 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. e. A construction management plan pursuant to the Building Department's requirements. The construction management plan shall include an identification of construction hauling routes for review and approval by the City Engineer and Streets Department Superintendent. f. A fugitive dust control plan to be reviewed and approved by the City Engineering Department. g. A detailed excavation plan that utilizes vertical soil stabilization techniques for review and approval by the City Engineer. 1111111111111I11111111 ~~~~~:;!;8 55 JANICE K vas CAUDILL PITKIN COUNTY CO R 31.00 D 0.00 ~---I.<- Section 4: Dimensional Reauirements The Hannah-Dustin building shall continue to be in compliance with the dimensional requirements of the Mixed Use (MU) Zone District. The City of Aspen Zoning Officer shall verify compliance with the allowed dimensional requirements at the time of building permit submittal. Section 5: Off-street Parkin!!' The project shall provide sixteen (16) off-street parking spaces, four (4) of which shall be designated for the use of the free market residential units, three (3) of which shall be designated for use by the affordable housing units, and nine (9) of which shall be designated for the use of the commercial space and guest parking. Section 6: Sidewalk and Landscapin!!' Improvements The Applicant shall install a sidewalk detached from the curb with a parkway strip along East Hyman Avenue for the length of the property frontage that meets the City Engineer's standards prior to issuance of a certificate of occupancy on any portion of the development. Appropriate street tree plantings shall occur in the parkway strip along the property frontage on both East Hyman Avenue and South Spring Street. The Applicant shall submit a landscaping plan for plantings in the right-of-way for review and approval by the City Parks Department prior to installation of right-of-way plantings. Section 7: Trash/Utility Service Area A trash/utility service area with a linear footage of fourteen (14) feet and a depth of ten (10) feet shall be provided between the existing building and the alleyway. A trash compactor shall be installed to justify the reduction in the trash/utility/recycling area. Section 8: Affordable Housin!!' Unit The Applicant shall record a deed restriction on each of the affordable housing units prior to the issuance of a certificate of occupancy on the building classifying the units as Category 2 units. 1fthe Applicant chooses to deed restrict the affordable housing units as rental units, the Applicant shall convey a 1/10 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. Section 9: Fire Miti!!'ation The Applicant shall install a fire sprinkler system and alarm system that meets the requirements of the Fire Marshal in the entire building, including existing spaces. Section 10: Water Department Reauirements 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 1111111111111111 1111111111111111111111111111111 ~~~~~:;! ;8;5~. JANICE K vas CRUOILL PITKIN COUNTY CO R 31.00 D 0.00 -.-. ..__.-..-...~--,;- 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 Reauirements 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. All improvements below grade shall require the use of a pumping station. If more than one unit is to be served by a single service line, the Applicant shall enter into a shared service line agreement. Section 12: Electrical Department Reauirements 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 Hannah-Dustin Redevelopment. If a new supplemental transformer is required to be installed on the Hannah-Dustin property, the Applicant shall provide for a new 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. 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. Sectiou 14: School Lands Dedication Fee Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall pay a fee-in-1ieu of land dedication prior to building permit issuance. The City of Aspen Zoning Officer shall calculate the amount due using the calculation methodology and fee schedule in affect 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 in the amount of $19,176.20 prior to building permit issuance. The fee is assessed based' on the following calculation: Proposed Commercial: 2,440 SF of new net leasable square feet multiplied by $1,530.00 per 1,000 SF=$3,733.20 Proposed Residential 2 (four-bedroom) Free Market Residential Unit multiplied by $3,634 per unit= $7,268.00 3 (two-bedroom) Residential Units multiplied by $2,725 per unit= $8.175.00 Total: $19,176.20 II'JIJIIH'I~ ;,~~,t:: :..~ OR31.00 00.00 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: Emplovee Housinl!' Mitil!'ation The development shall contain gross affordable housing floor area equal to or greater than 30% of the gross free-market residential floor area. This percentage shall be verified by the City Zoning Officer prior to building permit issuance. Section 18: 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 hf-Teby 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 19: 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 20: 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. Section 21: A public hearing on the ordinance shall be held on the 12th day of June, 2006, in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen days prior to which, 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 pr yided by law, by the City Council of the City of Aspen on the 24th day of April, 200 .A.~=-/ He n ted, pas~:d~ this 26th day of June, 2006. 1111111111111I11111111 :;~~~~:;!;8 : 5~; JANICE K VOS CAUDILL PITKIN COUNTY CO R 31.00 D 0.00 APPROVED AS TO FORM: ~//}~ Jolur"Worcester, City Attorney 1111I1111~lIml ~~:,r:: :..~ JANICE K VOS CAUDILL PITKIN COUNTY CO R 31.00 0 0.00