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HomeMy WebLinkAboutordinance.council.020-06 --~-_._..<,.,-,.-"",_.. 1111111111111111 111111 :;~7~ ~~;~ :8 57 JANICE K VOS CAUDILL PITKIN COUNTY CO R 31.00 0 0.00 ORDINANCE NO. 20 (SERIES OF 2006) "\~":""" AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL GRANTING SUBDIVISION APPROVAL FOR 719 EAST HOPKINS AVENUE MUTI-FAMIL Y BUILDING LOCATED ON LOTS E AND F, BLOCK 104, CITY AND TOWNSITE OF ASPEN PITKIN COUNTY, COLORADO. ParcelID: 2737-182-11-003 WHEREAS, the Community Development Department received an application from 719 East Hopkins Avenue, LLC; John R. Louderback, Member; represented by Stan Clauson Associates, requesting approval of Subdivision, Growth Management Review for the development of affordable housing, Special Review for an increase to the allowable free-market residential Floor Area, 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 719 East Hopkins Avenue, Lot E and F, Block 104, City and Townsite of Aspen, Pitkin County, Colorado; and WHEREAS, the subject property 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 duly noticed public hearing on March 7, 2006, the Planning and Zoning Commission approved Resolution No. 13, Series of2006, by a four to zero (4-0) vote, approving with conditions, a Growth Management Review for the development of affordable housing, Special review for an increase to the allowable free-market residential Floor Area, and recommended City Council approve with conditions subdivision and condominiurnization 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 subject property; and, WHEREAS, the Aspen City Council has reviewed and considered the application according to the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the Planning and Zoning Commission, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds the application meeting or exceeding all applicable standards of the land use code of the City of Aspen Municipal Code and that the approval of the proposal 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. Ordinance No. 20, Series of 2006 Page 1 of6 NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL AS FOLLOWS: \ \\\111 \\111 \\1111 \\\1 11\1 \11\111 \\1\\1 III \\11\ 11\1 1\\1 :;~~~;~~:8 : 57 JANICE K vas CAUDILL PITKIN COUNTY co R 31.00 D 0.00 Section 1: pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the City Council hereby approves with conditions, Subdivision review 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 719 East Hopkins Avenue, Lot E and F, Block 104, City and Townsite of Aspen, Pitkin County, Colorado. 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 Subdivision plat shall include a design for a detached sidewalk and minimum tree planting area, including trees, to be installed along the Hopkins Avenue frontage that is acceptable to the City Engineer and the Community Development Director. The tree planting area shall be at least 5 feet wide or as otherwise dictated by the grading and improvements of adjacent properties. The final Condominium Plat may be approved and signed by the Community Development Director upon substantial completion of construction. Section 3: Buildinl! Moratorium The provisions of Ordinance 19, Series of 2006, shall apply to this approval. The Community Development Department shall be prohibited from issuing a building permit for this project until such time as the provisions of Ordinance 19 are no longer in effect. Section 4: Buildinl! Permit ADDlication The building permit application shall include the following: a. A copy of the final 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. 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 conform to the standards and requirements for construction management plans in effect at the time of building permit submission. Page 2 of6 Ordinance No. 20, Series of 2006 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 Community Development Engineer. h. Accessibility and ADA requirements shall meet the building code requirements. Section 5: Dimensional Requirements The redevelopment of the building as presented complies with the dimensional requirements of the Mixed-Use (MU) 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 review. Section 6: Trash/Utilitv Service Area The trash enclosure, located to the rear of the property 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 7: Sidewalks. Curb. and Gutter The sidewalk adjacent to the property shall be installed according to the City Engineer's requirements and ADA requirements prior to issuance of a certificate of occupancy on any of the units within the development. The Applicant shall 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 8: Affordable Housinl! The affordable housing units shall be in compliance with the Aspen/Pitkin 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 1/10 of a percent, undivided interest in the units to the Aspen/Pitkin 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 Aspen/Pitkin 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. Ordinance No. 20, Series of 2006 11\ II II II I III 11111\ 111I\ 11111 II :;~~~~;~:8 5~ JANICE K VOS CAUDILL PITKIN COUNTY CO R 31.00 0 0.00 Page 3 of6 - 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 DeDartment 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 DeDartment 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 subject 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. 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 and ImDact Fees 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 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. The Applicant will pay all impact fees in effect at the time of building permit submittal. Ordinance No. 20, Series of 2006 111111111111111I111111 :;~~~~;~:8 57 JANICE K VOS CAUDILL PITKIN COUNTY CO R 31.00 00.00 Page 4 of6 __,-i-~.-,.,.______._._'~__"'__'~"_""" - Section 15: 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 of a 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: Lots E and F, Block 104, City and Townsite of Aspen. 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. 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 of the 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 16: All material representations and commitments made by the developer pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department, the Aspen 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. Ordinance No. 20, Series of 2006 Page 5 of6 ..-1_--" Section 17: __ 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 18: 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 19: 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 20: A public hearing on the Ordinance shall be held on the 22 day of May, 2006, 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. ~-" Section 21: This Ordinance shall become effective thirty (30) days following final adoption. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 8th day of May, 2006. Attest: ayor FINALLY, adopted, passed and approved this 12th day of June, 2006. A7t: ~' Kathryn S. / Approved as to form: . / '/ /7/~~ 'ii:;:: oJ 0 ester, City Attorney '- Ordinance No. 20, Series of 2006 Page 6 of6