HomeMy WebLinkAboutordinance.council.015-00 IIIII IIIII IIIIII IIIII IIIII IIIIIIIIIIIIII IIIII IIIIIIII
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Ordinance No. I5
(Series of 2000)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN
GRANTING CONCEPTUAL AND FINAL PLANNED UNIT DEVELOPMENT
APPROVAL, SUBDMSION APPROVAL, REZONING TO OFFICE-PLANNED
UNIT DEVELOPMENT lO-PUD), AND A GROWTH MANAGEMENT
EXEMPTION FOR THE DRACO, INCORPORATED, AFFORDABLE HOUSING
PROJECT, 210 NORTH MILL STREET, CITY OF ASPEN.
Parcel ID No. 2735.073.18.001
WHEREAS, the Community Development Department received an application
from DRACO, Inc., a Colorado Corporation, Stoney Davis, Managing Member, owner
and applicant, represented by Mitch Haas of Haas Land Planning for Rezoning,
Subdivision, Residential Design Review Appeal, Special Review for Parking, Growth
Management Exemptions, Conceptual and Final Planned Unit Development, and vested
rights, for a proposed developmem to contain six (6) residential units restricted to the
affordable housing guidelines of the AsperffPitkin County Housing Authority to be
contained on a parcel of land currently developed with a commercial building known as
Community Banks and described as 210 North Mill Street and also described as "Cap's
Auto parcel" on the "Cap's Auto / City of Aspen Land Exchange" plat recorded in plat
book 23, page 6 I, Pitkin County Recorder, Parcel ID No. 2735.073.18.001; and,
WHEREAS, the applicant amended the application on June 12, 2000, as depicted
in attachment A of this Ordinance, to include a total of seven (7) residential units in a
revised three-story building with no on-site parking and the provision of six (6) off-site
parking spaces to be conveyed by the City of Aspen at the Benedict Commons Building
in consideration of $90,000 to be paid by the applicant; and,
WHEREAS, the applicant voluntarily desires to deed restrict the seven (7)
affordable housing units to restrict the amount of rent that can be charged consistent with
the Aspen/Pitkin County Housing Authority Housing Guidelines; and,
WHEREAS, the Colorado Supreme Court in the case entitled Town of Telluride
v. Lot Thirty-Four Venture L.L.C. (case No. 98-5C-547, decided June 5, 2000) held that
Section 38-12-301, C,R.S., prohibits the enactment of an ordinance that imposes rant
controls; and,
WHEREAS, Section 38-12-301, C.R.S., states that the rent control statute is not
intended to impair the right of a municipality to manage and control any property in
which it has an interest through a housing authority; and,
WHEREAS, the applicant desires to grar~t to the AspergPitkin County Housing
Authority an interest in the property; and,
WHEREAS, the Aspen/Pitkin County Housing Authority has consented to
accepting an interest in the property on conditions that it be indemnified and held
harmless from any claims, liability, fees or similar charges related to ownership of an
interest in the property; and,
Ordinance No. t5, Series of 2000
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WHEREAS, pursuant to Section 26.304.060, the Special Review for Parking and
Residential Design Review Appeal has been combined with the Planned Unit
Development review; and,
WHEREAS, pursuant to Sections 26.304, 26.310, 26.445, 26.480, and 26.710 of
the Land Use Code, land use applications requesting land use review for Rezoning for
Planned Unit Development Overlay designation, Planned Unit Development Conceptual
and Final plan adoption, Subdivision approval, and Growth Management Quota System
Exemption may be approved, approved with conditions, or denied by the City Council at
a duly noticed public hearing after considering recommendations by the Commuuity
Development Director, the Planning and Zoning Commission made at a duly noticed
public hearing, the Aspen/Pitkin County Housing Authority, the appropriate refencal
agencies, and members of the general public; and,
WHEREAS, the Fire Marshal, Aspen Consolidated Sanitation District, the City
Water Deparmaent, City Engineering, City Parks Department, the Aspen/Pitkin County
Building Department, the Aspen/Pitkin County Housing Authority, the Pitkin County
Planning Deparmaent, the Environmental Health Department, and the Community
Development Department reviewed the proposal and recommended approval with
conditions; and,
VqHEREAS, during a duly noticed public hearing on April 18, 2000, the
Planning and Zoning Commission considered the noted recommendations and comments
from the general public and recommended, by a seven to zero (7-0) vote, the City Council
approve the Rezoning for PUD Overlay designation, adoption of a Final PUD Plan and
Subdivision for an Affordable Housing addition to a conunercial building to contain six
(6) permanently affordable units and an appurtenant parking garage structure, with the
conditions of approval contained herein; and,
WHEREAS, during a duly noticed public hearing on April 18, 2000, the
Planning and Zoning Commission considered and passed, by a seven to zero (7-0) vote, a
second motion encouraging the applicant to amend the application to provide additional
dwelling units and off-site parking, as opposed to on-site parking, and that such an
amendment would not require reconsideration by the Commission; and,
WHEREAS, during a regular meeting on April 19, 2000, the AsperffPitkin
County Housing Authority Board considered the application and recommended City
Council approve the GMQS exemption, with one condition of approval contained herein;
and,
WHEREAS, City Council reviewed and considered the recommendations of the
Community Development Director, the Planning and Zoning Commission, the
Aspen/Pitkin County Housing Authority Board, the above mentioned referral agencies, and
members of the public during a duly noticed public heating; and,
WHEREAS, the City Council finds that the proposed development meets or
exceeds all applicable standards and that approval of the amendment is consistent with the
goals and elements of the Aspen Area Community Plan; and,
Ordinance No. 15, Series of 2000
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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 the Aspen Land Use Code, Title 26 of
the Municipal Code, the DRACO, Incorporated Affordable Housing Project, consisting of
seven (7) permanently affordable residential units to be owned by Pitkin County employers
(with an interest owned by the Aspen/Pitkin County Housing Authority) and rented to
qualified Pitkin County residents, as defined by the AsperffPitkin County Affordable
Housing Guidelines as amended, is hereby granted Conceptual and Final Planned Unit
Development Plan approval, Subdivision approval, an Exemption from the scoring and
competition procedures of the Aspen/Pitkin Growth Management Quota System, a Zone
District Map Amendment to reflect the addition of a Planned Unit Development Overlay,
and waiver of Land Use Review fees, park development impact fees, building permit fees
and water tap fees, subject to the conditions of approval listed hereinafter.
Section 2:
The Official Zone District Map of the City of Aspen shall be, and is hereby, amended by
the Community Development Director to reflect the subject parcel, described as "Cap's
Auto parcel" on the "Cap's Auto / City of Aspen Land Exchange" plat recorded in plat
book 23, page 61, Pitkin County Recorder, Parcel ID No. 2735.073.18.001, as included in
the Office Zone District with a Planned Unit Development Overlay (O-PUD).
Section 3:
The City of Aspen hereby grants a yard and access easement to'the applicant to
accommodate building code requirements related to light and egress, subject to
affirmation on the final Subdivision plat, and an access and maintenance easement to
accommodate the proposed "bridge to parking garage," subject to affirmation on the final
Subdivision plat.
Section 4:
Conditions of Approval:
1. Prior to final recordation of the Subdivision plat, the Aspen City Council and the
Pitkin County Board of County Commissioners shall grant yard and access
easements as depicted on the plat. Failure to affirm the easements shall render the
PUD Final Plan approval null and void unless amended in a manner that does not
require the specific easement. An amendinent which reduces or eliminates the need
for either of these easements shall be approved by the Community Development
Director by affirming the Final PUD Plans.
2. Within 180 days after final approval by City Council and prior to applying for a
Building Permit, the applicant shall record a Subdivision Plat and Final PUD
Development Plans. The Subdivision plat shall include easements and signature
blocks for any utility mains that are intended to serve adjacent parcels. The
Ordinance No. 15, Series of 2000
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Subdivision plat shall depict and describe easements granted by Pitkin County (if
necessary) and the City of Aspen related to yard setbacks and access easements and
shall include signature blocks represent'rog the.respective property owners. The
Final PUD Plans shall include an illustrative site plan that shows landscape features
and describes the dimensional requirements of the PUD, an architectural character
plan, a utility plan, and a grading/drainage mitigation plan that includes mitigation
measures for the construction phase. A separate landscape plan is not necessary. A
copy of the drainage report used to define the appropriate drainage mitigation shall
be provided to the City Engineering Department for review and approval (not for
recording). No clear water may be directed to the sanitary sewer. The drainage
report shall indicate the appropriate depth and maintenance interval for drywells.
3. Within 180 days after final approval by City Council and prior to applying for
Building Permit, the applicant shall record a Subdivision/PUD Agreement binding
this property m this development approval. The agreement shall include any
provision for using the City of Aspen parking lot(s) north of the parcel for
construction staging and contractor parking. With regard to the "bridge to parking
garage," the agreement shall describe the ownership, construction process,
construction cost and responsibility, and ongoing responsibilities including
maintenance of the improvement. The agreement shall include a provision that
ensures adequate access for garbage service providers. The agreement shall
include a maintenance provision for any on-site drywells. The agreement shall
include an agreement to join any future improvement districts that would benefit
the property under an assessment formula. The agreement shall describe the off-
site parking spaces to be located at Benedict Commons and shall require
conveyance of said spaces prior m issuance ora Certificate of Occupancy. All of
these parking spaces shall be conveyed appurtenant to the associated residential
unit and shall not be conveyed separately. The agreemem shall reference the
applicant's desire to convey to the Aspen/Pitkin County Housing Authority
ownership of an undivided interest in the property and that such conveyance shall
take place on or before application for a building permit. Fallttre to affirm the
AsperffPitkin County Housing Authority interest in the property shall render the
approval null and void. The agreement shall indemnify and hold harmless the
Asper~Pitkin County Housing Authority from any cost claims, liability, fees or
similar charges of any nature related to ownership of an interest in the property.
4. The following dimensional requirements of the PUD are approved and shall be
printed on the Final Illustrative Plan:
a. Minimum Lot Size. 6,000 square feet
b. Minimum Lot Area per dwelling unit. 7 total residential units
c. Maximum allowable density. 7 residential units
d. Minimum lot width. 60 feet.
e. Minimum front yard. As shown on Final PUD Plans
f. Minimum side yard. As shown on Final PUD Plans
g. Minimum rear yard. As shown on Final PUD Plans
h. Maximum site coverage. No requirement.
i. Maximum height: 25 feet for the commercial portion of building.
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30 feet for the residential portion of building.
All as measured to a flat roof.
j. Minimum distance between buildings. No requirement.
k. Minimum pement open space. No requirement.
1. Trash access area. Access to the garbage area shall be
provided to the garbage service provider.
m. Allowable Floor Area Ratio. 1.64:1
n. Minimum off-street parking spaces. 6 for the Residential portion to be
provided off-site in fee at the
Benedict Commons Building.
8 for the Commercial portion.
o. Commercial Square Footage. 6,250 square feet.
p. Residential Square Footage. 7,400 square feet.
(The Allowable FAR shall prevail
upon discrepancy.)
5. Prior to applying for a building permit the applicant shall:
a. Record the final Subdivision Plat, PUD Plans, and PUD Agreement, as
described above.
b. Execute and submit a shared (sanitation) service agreement and pay all
necessary fees to the Aspen Consolidated Sanitation District.
c.Provide an air quality mitigation plan for review and acceptance by the
Environmental Health Department.
d.Record the appropriate affordable housing deed restrictions with the Pitkin
County Clerk and Recorder.
6. The Building Permit Plans shall include/depict/demonstrate:
a. A current [within 12 months) site improvement survey.
b.A letter from the primary contractor stating the conditions of the development
order have been read and understood.
c. A fugitive dust control plan with provision for watering affected streets.
d. An encroachment license for the construction period and a permanent
encroachment agreement for any improvements on City property including,
but not limited to, a heated sidewalk system if necessary.
e. A shared service agreement for City Water.
f. Any physical improvements required by the Air Quality Mitigation Plan
approved by the Environmental Health Department.
g. A completed Asbestos Form, available from the City Environmental Health
Department.
h. Compliance with all pertinent requirements of the Building Code, as amended.
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i. Compliance with all pertinent req~i~e'm-~t~t-h~ F~re Mai-shal-i~a~hi~llng-~ - - ·
adequate fire suppression system.
j. Full payment of required $4,120 in-lieu of School Land Dedication.
7. The applicant shall inform the primary contractor about any agreement reached
regarding the City parking lot(s) north of the Community Banks building for
construction staging and contractor parking.
8. The applicant is encouraged to monitor noise and dust levels and accommodate
neighboring land uses and residents to the extent practicable. Construction is prohibited
between 7 p.m. and 7 a.m. and all day Sundays. The applicant is encouraged to provide
recycling containers for residents.
9. The Subdivision Plat may represent a boundary between the existing commercial
building and the proposed affordable housing for the purposes ora transfer of the
affordable housing component to a development entity and security instrument only,
This boundary line does not affect a Subdivision, pursuant to subparagraph B of the
Subdivision definition. Both the applicant (as the owner of the existing commercial
building) and the development entity for the affordable housing shall join in the
condominiumization of both components (the affordable housing and the existing
commemiai building) of the Cap's Auto parcel. A Condominium Map or a formal
Subdivision must be approved by the City and recorded prior to transferal of separate
deeded interests.
10. Adoption of this Planned Unit Development Final Plan fully incorporates the Special
RevieTM for Parking and variances from the Residential Design Standards. The six (6)
off-site parking spaces represent compliance with the Land Use Code. The Architecture
depicted in the Final Plan, attached, represents compliance with the Land Use Code.
11. The residential units shall be deed restricted to Category 3, or lower, rental restrictions,
as defined by the AspenZPitkin County Housing Authority. The units may be
transferred to Pitldn County employers at unrestricted rates and shall be rented to Pitkin
County employees at the Category 3, or lower, rental rote for periods of no less than 6
months. The trait owners (employers) shall retain the right to select tenants that qualify
for Category 3 rental, according to the Housing Guidelines in effect at the thne of each
lease. Deed restrictions reflecting this condition shall be recorded prior to application
for a building permit.
12. These permanently affordable residential units are hereby exempted from the Growth
Management Quota System and the units may not be used to mitigate other growth
impacts.
13. As represented by the applicant during the Planning and Zoning Commission hearing,
the south wail of the existing commercial building will be painted or surfaced with
stucco to more closely match the exterior aesthetic of the north and west facades of the
exisfmg building. The residential addition will incorporate brick or brick veneer.
Ordinance No. 15, Series of 2000
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Section 5:
All material representations and commitments made by the applicant pursuant to the
development proposal approvals as herein granted, whether in public hearing or
documentation presented before the Housing Authority Board, the Aspen Planning and
Zoning Commission or 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 an authorized entity.
Section 6:
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 7:
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, distincl and indgpendent provision and shall not affect the
validity of the remaining portions thereof.
Section 8:
Pursuant to Section 26.304.070 of the Municipal Code. the City Clerk shall cause notice of
this Ord'mance to be published in a newspaper of general circulation within the City of
Aspen no later than fourteen (14) days following final adoption hereof.
Section 9:
A public hearing on the Ordinance was held on the 12th day of June, 2000, 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 was published in a newspaper of general
circulation within the City of Aspen.
I,~.:?RODUCED, READ AND ORDERED PUBLISHED as provided by law, City Council of the City of Aspen on the Sth day of May, 2000..
Ordinance No. 15. Series of 2000
Page 7
FINALLY, adopted, passed and approved this. { ~' day of,~u~, 2000.
Approved as to form: Approved as to content:
· Clerk
Attachment A - Approved modifications to proposal.
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