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HomeMy WebLinkAboutordinance.council.036-06 ORDINANCE NO. 36 (SERIES OF 2006) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A SUBDIVISION, GROWTH MANAGEMENT REVIEW AS AN ESSENTIAL PUBLIC FACILITY AND HISTORIC LANDMARK DESIGNATION, FOR THE JEWISH COMMUNITY CENTER, ON THE PROPERTY LOCATED AT 435 W. MAIN STREET, LOTS A-I, BLOCK 38, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2735-124-81-001 WHEREAS, the Applicant, Jewish Resource Center Chabad of Aspen, represented by Alan Richman Planning Services, submitted an application (hereinafter "the application") requesting approval of Growth Management Review as an Essential Public Facility and Subdivision Review to construct the Jewish Community Center, located at 435 W. Main St., Lots A-I, Block 38, City and Townsite of Aspen; and, WHEREAS, Section 26.415.050 of the Aspen Municipal Code establishes the process for Designation and states that \U1 application for listing on the Aspen Inventory of Historic Landmark Sites and Structures shall be approved if HPC and City Council determine sufficient evidence exists that the property meets the criteria; and WHEREAS, the Community Development Department Director determined that the Jewish Community Center is an Essential Public Facility, and that the application met the applicable review standards, and recommended approval with conditions; and, WHEREAS, during a duly noticed public hearing on June 20, 2006, the Planning and Zoning Commission opened and continued the public hearing to July 11,2006; and, WHEREAS, during a continued public hearing on July II, 2006, the Planning and Zoning Commission opened and continued the public hearing until July 18,2006; and WHEREAS, during a continued public hearing on July 18, 2006, the Planning and Zoning Commission approved Resolution No. 24, Series of2006, by a five to one (5- 1) vote, approving with conditions, a Growth Management Review to determine employee generation, and Special Review to establish off-street parking requirements; and recommended approval to City Council of a Growth Management Review as an Essential Public Facility, and Subdivision review; 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, I WHEREAS, during a duly noticed public hearing on September 25, 2006, the Aspen City Council reviewed the proposal and approved Ordinance No. 36, Series of 2006, by a 5-0 vote, approving with conditions the Jewish Community Center Subdivision, Growth Management Review for an Essential Public Facility and Historic Landmark Designation; located at 435 West Main Street, Lots A-I, Block 38, 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 Section 26 of the City of Aspen Municipal Code, the City Council hereby approves with conditions, a Growth Management Review as an Essential Public Facility and Subdivision in order to construct the Jewish Community Center, located at 435 W. Main Street, Lots A-I, Block 38, 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 City Council approval. Section 3: Buildinl! Permit Application The building permit application shall include the following: a. A copy of the final City Council Ordinance,. Planning & Zoning Commission Resolution and Historic Preservation Commission Resolutions. 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. 2 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 also identify. that the adjacent sidewalks will be kept open and maintained throughout construction. f. A fugitive dust control plan to be reviewed and approved by the City Engineering Department. g. Accessibility and ADA requirements shall meet the building code requirements. Section 4: Dimensional ReQuirements The redevelopment of the site is limited to the dimensional requirements established in the Site Plan, Floor Plans, Building Sections and Exterior Elevations in the February 2006 Subdivision application, and further subject to Historic Preservation Commission Final Review. Section 5: TrashfUtilitv Service Area The trash containers shall be wildlife proof. Section 6: Sidewalks. Curb. and Gutter The sidewalks shall be constructed as per Resolution No. 31, Series of 2005, of the Historic Preservation Commission, and 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. 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: Affordable Housinl! The three (3) on-site 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 subdivision plat and prior to the issuance of a Certificate of Occupancy for the units, classifying the units as Category 2 units. a) At least two parking spaces shall be allocated and reserved for the employee-housing units on site. b) The units will be deed-restricted as rental units but will allow for the units to become ownership units at such time the owners would request this change and/or at such time the APCHA deems the units out of compliance for a period of one year or more. At such time, the units will be listed for sale with the Housing Office as specified in the deed restriction at the Category 2 maximum sales price. 3 c) APCHA or the applicant shall structure a deed restriction for the units such that 1/lOth of 1 percent of the property is deed restricted in perpetuity to the Aspen/Pitkin County Housing Authority; or until such time the units become ownership units; or the applicant may propose any other means that the Housing Authority determines acceptable. d)Due to the ability to have the employees live on-site, if such employee is employed by the Community Center, the income and assets can be waived. e)The applicant shall conduct an employee audit two years after issuance of the Certificate of Occupancy for the development under the following terms: I. The applicant shall retain an auditor and shall gain prior approval from the Housing Office for the selection ofthe auditor. 2. The applicant shall be fully responsible for all fees associated with retaining an auditor. 3. Should the audit show additional employees over the 9.63 FTE, the applicant shall mitigate at an identical rate established by this Ordinance (44 percent) for those additional employees required under the Guidelines in effect at the time of the audit - either by providing \Inits or by providing a payment-in-lieu fee. Section 8: Relocation of Cabins Applicant may relocate three (3) cabins off-site only upon approval of the Historic Preservation Commission of a satisfactory receiver site and method of relocation. Section 9: Determination of Emplovee Generation The Planning and Zoning Commission has determined that 9.63 FTEs shall be generated by the Jewish Community Center, based upon a review by the Aspen Pitkin Housing Authority. The three Category 2 rental affordable housing units on site provide mitigation for 4.25 FTEs. Section 10: Establishinl! Off-Street Parkinl! ReQuirements The Planning and Zoning Commission has established off-street parking requirements as follows: a) Nine (9) off-street parking spaces. b) Of the nine (9) off-street parking spaces, two (2) shall be reserved for affordable housing users. c) The Center shall utilize at least one staff member to establish and facilitate a temporary off-street drop-off and pick-up area for the Pre-School operation, using up to seven (7) parking spaces in the off-street parking area. The Center shall use these parking spaces and safety cones to create a one-way, continuous-movement drop-off program, and not as traditional parking spaces. The applicant shall be responsible for maintaining this area in a manner that provides for public safety in the winter months, including snow and ice removal. d) Applicant shall submit a request to the City of Aspen to post the alley adjacent to the on-site parking area as one-way. The proposed direction of the one-way 4 designation shall be decided in cooperation with the City and the neighbors on the alley. Section 11: Transportation and Parkin!! a) Applicant shall pay the City of Aspen's Air Quality Impact Fee if said fee is in place by building permit submittal. Fee shall be paid prior to issuance of building permit. b ) Applicant shall print on all event flyers that on-site parking is not available, and attendees are strongly encouraged to car pool, use bicycles, walk or take the bus. c) Applicant shall require any person who rents the social hall to print on their invitation that on-site parking is not available and attendees are strongly encouraged to car pool, use bicycles, walk or take the bus. d) Applicant shall maintain information on its website regarding the lack of on-site parking, and information regarding car-pooling or use of public transit. e) Applicant's daycare operation shall make a good faith effort to work with parents of enrolled children to establish and maintain a carpool program. f) Applicant shall actively participate in the City's Transportation Options Program (TOP). g) Applicant shall provide covered and secure bike storage. h)Applicant shall provide free bus passes to employees who do not live on-site. i) Applicant shall cooperate with the City of Aspen and the Roaring Fork Transportation Authority regarding the upgrade of the bus stop/shelter adjoining the subject property on Main Street; the upgrade of the bus stop/shelter may be subject to a City of Aspen Historic Preservation Commission review pursuant to Section 26.415. Section 12: Fire Miti!!ation The Applicant shall install a fire sprinkler system and alarm system that meets the requirements of the Fire Marshal. Section 13: 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. Section 14: Sanitation District ReQuirements The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. 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. 5 Section 15: 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 16: 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 17: 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. The City of Aspen Zoning Officer shall calculate the amount due using the calculation methodology and fee schedule in effect at the time of building permit submittal. Section 18: Landscapinl! a) Tree Protection~ A vegetation protection fence shall be erected at the drip line of each individual tree or groupings oftrees remaining on site. A formal plan indicating the location of the tree protection will be required for the bldg permit set. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site. This fence must be inspected by the city forester or his/her designee before any construction activities are to commence. b) Excavation: an excavation under the drip line permit will need to be approved along with the tree permit. Specific excavation techniques will be required for the excavation along Hopkins Ave and part of the South West corner located next to the Large Cottonwood Tree. Vertical excavation will be required and over digging is prohibited in this zone. This note must be represented on the building permit set. c) The applicant will need to contract with a tree service, and have them on call in order to address all roots greater than 2 inches in diameter. Root trenching will be required around all trees with excavation next to and/or under the drip line. This can be accomplished by an experienced tree service company or trained member of the contractor's team. d)An approved tree permit will be required before any demolition or significant property changes take place. Parks is requiring that the tree permit be approved prior to submission of the building permit. Mitigation for removals will be paid cash in lieu or on site. e) Planting in the Public Right of way will be subject to Landscaping in the ROW requirements. Improvements to the ROW should include new grass and irrigation. The ROW trees along 4th and 3rd streets should be of another species other than cottonwood. 6 f) Realignment of the ditch will require specific coordination between the Parks Department and the contractor. The realignment will have to take place during a time period when the ditch is closed for the off-season. Realignment will also require the use of a Bentomat type material in order to reestablish the integrity of the ditch. g) Utility connections: these connections will need to be designed on the plan in a manner that does not encroach into the tree protection zones h)Play Yard fence shall be installed on posts, all posts need to be hand dug. Any root greater than 2" encountered during the installation will require approval before removal. Play yard fence must be constructed according to State of Colorado standards for daycare centers. i) The installation of the new sidewalk at the corner of 4th and Main Streets needs to be designed at grade bridging over the root systems of the existing cottonwood trees. Section 19: Historic Preservation Commission Approvals ReQuired Final Development Plan approval by the Historic Preservation Commission must be obtained prior to issuance of a Building Permit for the Project. Section 20: Historic Landmark Desil!nation Pursuant to Section 26.415.030.B of the Municipal Code, Criteria for listing on the Aspen Inventory of Historic Landmark Sites and Structures, the property is hereby designated on the Aspen Inventory of Historic Sites and Structures, as the site possesses sufficient integrity of location, setting, design, materials, workmanship and association and the site is related to designation criteria 26.415.030.B.2.a and 26.415.030.B.2.c. Section 21 : 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: 7 Notice is hereby given to the general public ofthe 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: 435 W. Main Street, Lots A - I, Block 38, City and Townsite of Aspen, Pitkin County, Colorado. 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 ofreferendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 22: 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. Section 23: 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 ofthe ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 24: 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 25: 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. 8 Section 26: A public hearing on the Ordinance shall be held on the 25th day of September, 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 27: 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 28th day of August, 2006. Attest: FINALLY, adopted, passed and approved this 25th day of September, 2006. Attest: Approved as to form: ~~t*u~ o ter, City Attorney 9