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Home My WebLink Aboutordinance.council.015-06 WrniDRArJJ "- ORDINANCE NO. 15 (SERIES OF 2006) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING WITH CONDmONS, THE FIRST AMENDED PLAT - MOTHER LODE SUBDMSION, ON THE PROPERTY KNOWN AS 314 E. HYMAN AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2737-073-38-007 WHEREAS, the CommWlity Development Department received an application from Mother Lode Investors, LLC, requesting Special Review approval, Growth Management Approval for the Development of Affordable Housing, Growth Management Review for Minor Enlargement of a Historic Landmark for Commercial, Lodge or Mixed Use Development, and Subdivision Amendment a mixed-use building known as 314 East Hyman A venue; and, WHEREAS, the subject property is zoned CC (Commercial Core); and, WHEREAS, the Applicant has requested a combined review for Special Review approval to provide three rather than four off-street parking spaces, Growth Management approval for the Development of Affordable Housing to construct one affordable housing unit, and Growth Management Review for Minor Enlargement of a Historic Landmark for Commercial, Lodge or Mixed Use Development; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal Wider the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing on April 4, 2006; and, WHEREAS, the City of Aspen Planning and Zoning Commission failed to approve a resolution that made a recommendation of approval for Special Review and Growth Management approval for the Development of Affordable Housing finding that the development proposal is inconsistent with the goals and objectives of the Aspen Area Community Plan; and, WHEREAS, during a duly noticed public hearing on May 8, 2006, the City Council opened the hearing, took public testimony, considered pertinent recommendations from the Community Development Director, and referral agencies of the City of Aspen and adopted Ordinance No. --' Series of 2006, approving with conditions, Special Review approval, Growth Management Approval for the Development of Affordable Housing, Growth Management Review for Minor Enlargement of a Historic Landmark for Commercial, Lodge or Mixed Use Development, and Subdivision Amendment which would allow the consolidation of two free- market dwelling units to one free-market dwelling unit, the consolidation of two affordable housing units into one affordable housing unit, and reduce the off-street parking from four spaces to three spaces on the property known as 314 E. Hyman Avenue; and, Page I of6 "'''''''''' WHEREAS, the Aspen City CoWlcil finds that the development proposal meets or exceeds all the 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 CoWlcil 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 OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen MWlicipal Code, City Council hereby approves the Mother Lode Subdivision Amendment and associated land use reviews to consolidate two free-market dwelling units to one free-market dwelling Wlit, to consolidate two affordable housing Wlits into one affordable housing unit, and reduce the off- street parking from four spaces to three spaces on the property known as 314 E. Hyman Avenue, with the conditions contained herein. ~, Section 2: Plat and Al!Teement The Applicant shall record a subdivision amendment plat and agreement that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of approval. Section 3: Buildin!! Permit ADDlication - The building permit application shall include the following: a. A copy of the final Ordinance. 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. 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. 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. e. A fugitive dust control plan to be reviewed and approved by the Environmental Health Department. ,".'."" - Page 2 of6 - f. A detailed excavation plan that utilizes vertical soil stabilization techniques for review and approval by the City Engineer. ..,"",~. Section 4: Dimensional Requirements The redevelopment of the Mother Lode building shall be in compliance with the dimensional requirements of the Commercial Core (CC) Zone District, with the exception of off-street parking, trash/utility service area, and open space/pedestrian amenity requirements. Off-street parking requirements shall be provided as represented in Section 5 below. The dimensions of the trash/utility service area shall be a minimum of sixteen (16) feet wide by sixteen (16) feet in depth as discussed in Section 6 below. The Applicant shall pay cash-in-lieu of providing open space/pedestrian amenity as represented in Section I3 below. Section 5: Off-street Parkin!! The project shall provide three (3) off-street parking spaces via Special Review approval, one of which shall be designated for the use of the occupant of the one (I) affordable housing unit pursuant to Planning and Zoning Commission Resolution No. 12, Series of 2005. Section 6: TrashlUtilitv Service Area A trash/utility service area of a minimum sixteen (16) feet wide by sixteen (16) feet long, accessed from the alley, was approved by special review pursuant to Planning and Zoning Commission Resolution No. 12, Series of 2005. The trash container shan be wildlife proof. - Section 7: Affordable Housin!! The Applicant shall record a deed restriction on the affordable housing unit prior to the issuance of a certificate of occupancy on the building classifying the unit as a Category 2 unit. If the Applicant chooses to deed restrict the affordable housing unit as a rental unit, the Applicant shall convey a 1/1 0 of a percent, undivided interest in the units to the Aspen/Pitkin COWlty Housing Authority prior to the issuance of a certificate of occupancy on any portion of the building. The unit may be deed-restricted as a rental unit, but the unit shall become an ownership unit at such time as the owners would request a change to a "for-sale" unit or at such time as the Aspen/Pitkin COWlty 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. - Section 8: Fire Miti!!atioD The Applicant shall install a fire sprinkler system and alarm system that meets the requirements of the Fire Marshal. Section 9: Water Denartment 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 10: Sanitation District Reauirements ........ Page 3 of6 __ 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 11: 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 Mother Lode Redevelopment. If a new supplemental transformer is required to be installed on the Mother Lode property, the Applicant shall provide for a new transfonner 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 U: Exterior Li!!htln!! 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. I""'" '- Section 13: Pavment-in-Iieu of Open SDacelPedestrian Amenitv Pursuant to Land Use Code Section 26.575.030, Open Space, the Applicant shall pay a cash in- lieu fee of providing the required open space/pedestrian amenity at the time of building permit issuance. The amoWlt due shall be calculated by the City Zoning Officer at the time of building permit issuance using the methodology and fee schedule in place at the time of building permit issuance. 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 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 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 penn it submittal. Section 16: PM-I0 Mlti!!ation The Applicant shall mitigate for the air quality impacts expected for the generation of vehicle trips per day by enacting the following measures: I. Maintaining the amount of proposed off-street parking that equals three parking spaces for two total residential units. 2. Providing covered and secured bicycle storage. '- Page 4 of6 ~.. 3. The Homeowner's Association and the Commercial Tenant shall join the Transportation Options Program. Section 17: Condomlnlumization Condominiumization of the project to define separate ownership of the project is hereby approved by the City of Aspen, subject to recordation of a condominium plat in compliance with the current (at the time of condo plat submission) plat requirements of the City CommWlity Development Engineer. Section 18: Vested ProDertv Ri2hts 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 ofa 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: Notice is hereby given to the general public of the approval of a site spl<Cific development plan, and the creation 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: Lots N and 0, Block 81, City and Townsite of Aspen, by Ordinance No.--, Series of 2006, of the Aspen City Council. 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 Zl: A public hearing on the ordinance shall be held on the 8th day of May, 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 24th day of April, 2006. Helen Kalin KIanderud, Mayor ,.w""'~' ........ Page 5 of6 -'.~,." '"'- ,_. - Attest: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this _ day of Attest: ,2006. Helen Kalin Klanderud, Mayor Kathryn S. Koch, City Clerk Approved as to form: City Attorney Page 6 of6