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HomeMy WebLinkAboutordinance.council.029-06 --- -- 1111111111111111111111 :~~~~:;~ ~ 1: 471 JI=lNICE K VOS Cr:lUDILL PITKIN COUNTY CO R 31.00 0 0.00 ORDINANCE NO. 29 (SERIES OF 2006) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING WITH CONDITIONS, THE AJAX MOUNTAIN BUILDING SUBDIVISION AND CONDOMINIUMIZATION TO CONSTRUCT ONE FREE-MARKET RESIDENTIAL UNIT AND ONE DEED-RESTRICTED AFFORDABLE HOUSING UNIT ON THE PROPERTY LOCATED AT 520 EAST DURANT AVENUE, LOTS N-S, BLOCK 96, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO Parcel ID: 2737-182-22-006 WHEREAS, the Community Development Department received an application from the Ajax Mountain Associates, represented by Jeffrey Halferty Design and Haas Land Planning, requesting approval of subdivision, growth management review for the development of free-market residential units in a mixed use project, growth management review for the development of affordable housing, and condominiumization to construct one free-market residential unit and one deed-restricted affordable housing unit on the roof of the existing Ajax Mountain Building located at 520 E. Durant Avenue; and, WHEREAS, the subject property is zoned Commercial Core (CC) and contains 18,000 square feet oflot area; and, WHEREAS, the Historic Preservation Commission reviewed and granted Conceptual HPC Design approval for the addition pursuant to HPC Resolution No. 47, Series of 2005; and, WHEREAS, the Historic Preservation Commission reviewed and granted Final HPC Design approval and an exemption from Mountain View Plane Review for the addition pursuant to HPC Resolution No. I, Series of2006; 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 June 6, 2006, the Planning and Zoning Commission approved Resolution No. 20, Series of 2006, by a five to zero (5-0) vote, approving with conditions, a growth management review for the development of free-market residential units in a mixed use project, 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 one free-market residential unit and one deed-restricted affordable housing unit on the roof of the Ajax Mountain Building, 520 E. Durant Avenue, Lots N-S, Block 96, 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 533745 Page: 2 of 6 o 0.00 "-~.,.,... Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, during a duly noticed public hearing on July 24, 2006, the Aspen City Council approved Ordinance No. 29, Series of 2006,by a three to one (3-1) vote, approving with conditions, the Ajax Mountain Building Subdivision to construct one free- market residential unit and one deed-restricted affordable housing unit on the roof of the Ajax Mountain Building, 520 E. Durant Avenue, Lots N-S, Block 96, City and Townsite of Aspen; 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 Title 26 of the Aspen Municipal Code, the Aspen City Council hereby approves the Ajax Mountain Building Subdivision to construct one free-market residential unit and one deed-restricted affordable housing unit on the roof of the Ajax Mountain Building, 520 E. Durant Avenue, Lots N-S, Block 96, City and Townsite of Aspen, subject to the conditions contained herein. Section 2: Plat and A!!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: BuUdin!! Permit Avvlication 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 drainage plan, prepared by a Colorado licensed Civil Engineer. A 5-year storm frequency should be used in designing any drainage improvements. d. A construction management plan meeting the Building Department's requirements. The construction management plan shall include an identification of construction hauling routes, construction phasing, a construction traffic and parking plan for review and approval by the City Engineer and Streets Department Superintendent. 11111111111111111111 II :~~~~:;~ ~ 1: 47 J"NICE K VOS C"UDILL PITKIN COUNTY CO R 31.00 0 0.00 -- e. A fugitive dust control plan to be reviewed and approved by the City Engineering Department. f. Accessibility and ADA requirements shall meet the building code requirements. Section 4: Dimensional Requirements The addition as presented complies with the dimensional requirements of the Commercial Core (CC) Zone District. Compliance with the allowable dimensional requirements will be verified by the City of Aspen Zoning Officer at the time of building permit submittal. Section 5: Affordable Housin!! The affordable housing unit shall be in compliance with the Aspen/Pitkin County Housing Authority's Employee Housing Guidelines. The Applicant shall record a deed restriction on the affordable housing unit at the time of recordation of the condominium plat and prior to the issuance of a Certificate of occupancy for the building, classifying the unit as a Category 3 unit (or below) and containing 1,11 0 square feet (necessary to comprise at least 30% of the floor area in the free-market residential unit to meet AH mitigation requirements). Included in the governing documents shall be language reflecting the potential for the unit to become an ownership unit. ";,,,.- If the Applicant chooses to deed restrict the affordable housing unit as a rental unit, the Applicant shall convey a 1/10 of a percent, undivided interest in the unit to the Aspen/Pitkin County Housing Authority prior to the issuance of a certificate of occupancy on any portion of the addition. The unit may be deed-restricted as a rental unit, but the unit shall become an ownership unit at such time as the owner would request a change to a "for-sale" unit or at such time as the Aspen/Pitkin County Housing Authority deems the unit to be out of compliance with the rental occupancy requirements in the Affordable Housing Guidelines for a period of more than year. If the affordable housing unit is a "for-sale" unit, the unit's homeowners' association dues shall be a percentage of the free-market residential unit's dues equal to the affordable housing unit's market value compared to that of the free-market residential unit's market value in the complex. Section 6: Fire Miti!!ation The Applicant shall install a fire sprinkler system and alarm system that meets the requirements of the Fire Marshal. Section 7: 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 new units within the building shall have individual water meters. - .- Page: 4 of 6 01/25/2007 11 :471 JANICE K vas CAUDILL PITKIN COUNTY CO R 31.00 0 0.00 1111111111111111 111111 533745 - Section 8: 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. Shared service line agreements will be required where more than one unit is served by a single service line. Section 9: 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 10: 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 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 11: 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 $6,359.00 prior to building permit issuance. The fee is assessed based on the following calculation: 1 Unit multiplied by $3,634 (three bedroom or larger fee) = $3,634.00 1 Unit multiplied bv $2.725 (two-bedroom fee) = $2.725.00 Park Development Impact Fee= $6,359.00 If the fee schedule changes by the time the Applicant submits an application for a building permit, the fee schedule in place at the time of building permit issuance shall apply. Section 12: Impact Fees All impact fees in effect at the time of building permit, as applicable, shall be paid prior to the issuance of a building permit. Section 13: Vested Ril!hts The development approvals granted herein shall be 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: 1111111111111111111111 :~~~~~:;~ ~ 1: 47 o 0.00 JANICE K vas CFlUDILL PITKIN COUNTY CO R 31.00 \'",.c Notice is hereby given to the general public of the approval 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: Ajax Mountain Building, City and Townsite of Aspen, by Ordinance No. 29, Series of 2006, of the Aspen City Council. Section 14: 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 15: 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 16: A public hearing on the ordinance shall be held on the 24th day of July, 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 26th day of June, 2006. . ~. Qf ,f .___ t.-.\nest:... J", c"..... ,/....-:-\ i .' . ;; f~. 'Kathryn S,K ('0(0 R'" ~ ~ -- ....... FINALLY, adopted, passed and approved this 24th day of July, 2006. J" ....~'^:.,:.... ..Attest: <- 1;; Approved as to form: orcester, City Attorney ......... 1111111111111111111111 :~~~~:;~ ~ 1: 47 JRNICE K VOS CAUDILL PITKIN COUNTY co R 31.00 D 0.00 '"""