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HomeMy WebLinkAboutordinance.council.041-06 ORDINANCE NO. 41 (SERIES OF 2006) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING WITH CONDITIONS, A SUBDIVISION AND CONDOMINIUMIZATION FOR 625 E. MAIN STREET, LOTS E, F, G, EASTERLY 10 FEET OF LOT D, BLOCK 98, CITY AND TOWNSITE OF ASPEN, CO, PITKIN COUNTY, COLORADO PARCEL NO. 2737-182-02204 WHEREAS, the Community Development Department received an application from Aspen Main Street Properties LP (hereinafter "the Applicant"), represented by Haas Land Planning, LLC, requesting approval of three (3) Growth Management Reviews, Subdivision Review, and Commercial Design Review to construct a mixed-use building consisting of two commercial units, two office units, four affordable housing residential units, and five free-market residential uhits at 625 E. Main Street; and, WHEREAS, the subject property is zoned C-I (Commercial); 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 September 5, 2006, the Planning and Zoning Commission approved Resolution No. 27, Series of2006, by a three to two (3 - 2) vote, approving three Growth Management Reviews for the development of a mixed-use building that includes commercial space, office space, free-market housing, and affordable housing, approving Commercial Design Standards Review, and recommending that City Council approve with conditions the proposed subdivision and condominiumization to construct a mixed-use building consisting of one (I) commercial space, five (5) free-market residential units and five (5) deed-restricted affordable housing units located on the property located at 625 E. Main Street, Lots E, F, G, easterly 10 feet of Lot D, Block 98, City and Townsite of Aspen, CO; and, WHEREAS, the Planning and Zoning Commission approved Resolution No. 27 with the conditions that the dimensional requirements comply with all C-l zone district requirements, that the affordable housing meet all Housing Authority requirements and be deed-restricted Category 4 for-sale units, and that a Pedestrian Amenity cash-in-lieu fee equal to $50,000 be paid prior to building permit issuance, and WHEREAS, on October 10th, 2006 the Aspen City Council approved Ordinance No. 41, Series 2006, on First Reading by a five to zero (5-0) vote, approving with conditions the Subdivision and Condominiumization of625 E. Main Street, Lots E, F, G, easterly 10 feet of Lot D, Block 98, City and Townsite of Aspen, CO; and, WHEREAS, during a duly noticed public hearing on November 13th, 2006, the Aspen City Council opened and continued the public hearing to November 27th, 2006; and WHEREAS, during a duly noticed public hearing on November 27th, 2006, the Aspen City Council opened and continued the public hearing to January 8th, 2007; and Ordinance No. 41 Series 2006 Page 1 1111111111111111111111 ~~:~ ~::; ~ 0 : 54~ JANICE K VOS CAUDILL PITKIN COUNTY CO R 41.00 D 0.00 WHEREAS, during a continued public hearing on January 8th, 2007, the Aspen City Council opened and continued the public hearing to January 22nd, 2007; and WHEREAS, during a continued public hearing on January 22nd, 2007, the Aspen City Council opened and continued the public hearing to February 12'h, 2007; and WHEREAS, in response to comments made by City Council and the public at the January 22, 2007 hearing, the Applicant revised the proposed plans for presentation at the February 12,2007 hearing in a manner not substantial enough to require reconsideration by the Planning and Zoning Commission but which results in a mixed-use building consisting of two commercial units, one office unit, five affordable housing residential units, and five free-market residential units; and WHEREAS, during a continued public hearing on February 12'h, 2007, the Aspen City Council approved Ordinance No. 41, Series 2006, by a three to one (3-1) vote, approving with conditions the Subdivision and Condorniniumization of 625 E. Main Street, Lots E, F, G, easterly 10 feet of Lot D, Block 98, City and Townsite of Aspen, CO; 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, 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 RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the Aspen City Council hereby approves a Subdivision and Condominiumization allowing Aspen Main Street Properties, LP, to construct a mixed- use building consisting of two (2) commercial units, one (I) office unit, five (5) free- market residential units, and five (5) deed-restricted affordable housing units on the property located at 625 E. Main Street, Lots E, F, G, easterly 10 feet of Lot D, Block 98, City and Townsite of Aspen, CO. Section 2: Plat and Al!reement Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the Applicant shall record a subdivision agreement that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of such approval. The Subdivision Agreement shall also include a commitment to satisfy all conditions of Planning and Zoning Commission Resolution Number 27, Series of 2006 as Ordinance No. 41 Series 2006 Page 2 1111111111111111111111 :~~:~~::; ~0: 54~ JANICE K vas CAUDILL PITKIN COUNTY CO R 41.00 0 0.00 well as all conditions of this Ordinance. A [mal Condominium Plat may be approved and signed by the Community Development Director upon substantial completion of construction and prior to transfer of ownership of individual units within the project. Section 3: Buildinl! Permit Application The building permit application shall include the following: a. A copy of the final City Council Ordinance and P&Z Resolution. b. The conditions of approval printed on the cover page of the building permit set. c. Afugitive dust control plan to be reviewed and approved by the City Engineering Department. d. An excavation-stabilization plan, construction management plan (CMP), and drainage and soils report pursuant to the Building and Engineering Department requirements. The CMP 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 CMP shall also identify that the adjacent sidewalks will be kept open and maintained throughout construction, that landscaping, plantings and amenities on adjacent properties will be protected, and that construction parking will not encroach on private property. e. Accessibility and ADA requirements shall meet adopted building code requirements. f. An approved Landscape Plan for landscaping in the public rights-of-way. Section 4: Dimensional Requirements The building as presented complies with the dimensional requirements of the Commercial (C-I) zone district. Compliance with these requirements will be verified by the City of Aspen Zoning Officer at the time of building permit submittal. The sub grade storage areas shall remain uninhabitable storage facilities. If these areas are remodeled in the future, the applicant shall go through the appropriate land use reviews in place at the time of application. The plans provided at the time of building permit submittal shall be consistent with plans and verbal representations presented to City Council on February 12,2007. Section 5: Trash/Utility Service Area The trash containers shall be wildlife proof and meet the Certificate of Appropriateness regulations pertaining to size and security. Section 6: Sidewalks. Curb. and Gutter The sidewalks shall be upgraded to meet the City Engineer's standards and ADA requirements. Prior to issuance of a Building Permit, the applicant shall provide sidewalk, curb and gutter plans that meet the approval of the City Engineer. Such improvements shall be made prior to issuance of a Certificate of Occupancy on any of the units within the development. The Applicant shall provide a walkway along the western Ordinance No. 41 Series 2006 Page 3 property line. The walkway shall measure at least three (3) feet in width and shall be consistent with plans presented at the February 12, 2007 City Council meeting. 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 units within the building shall have individual water meters. Section 8: Sanitation District Requirements a. Service is contingent upon compliance with the Aspen Consolidated Sanitation District's (ACSD) rules, regulations, and specifications, which are on file at the District office. ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. b. On-site utility plans require approval by ACSD. c. Oil and Grease interceptors (NOT traps) are required for all food processing establishment; Locations of food processing shall be identified prior to building permit; even though the commercial space will be tenant-finished, interceptors will be required at this time iffood processing establishments are anticipated for this project. d. Oil and Sand separators are required for parking garages and vehicle maintenance establishments. Driveway entrance drains must drain to drywells. Elevator shaft drains must flow through oil and sand interceptors. e. Old service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements. Below grade development may require installation of a pumping system. One tap is allowed for each building. Shared service line agreements may 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. f. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. g. All ACSD fees must be paid prior to the issuance of a building permit. h. Any glycol heating and snow melt system must be designed to prohibit and discharge of glycol to any portion ofthe public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. 1. Soil Nails are not allowed in the public ROW above ASCD main sewer lines. J. Applicant's civil engineer will be required to submit existing and proposed flow calculations. 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. Ordinance No. 41 Series 2006 Page 4 11','J,~II~,"t::~;~~;L:.,,, Section 10: Landscapinl! a. Specific excavation techniques will be required for the excavation along the back of the property. Vertical excavation will be required and over-digging is prohibited in this zone. This note must be represented on the building permit set. Utility connection will need to be designed and shown on the plan in a manner that does not encroach into the tree protection zones. b. Prior to the issuance of any demolition or building permits, a tree removal permit will need to be approved by the City of Aspen Parks Department. To the extent that mitigation is required for any removals, the required mitigation will be provided to the satisfaction of the Parks Department via payment of cash-in-lieu of plantings, the planting of street trees, or a combination of these methods. c. Root trenching will be required around all trees with excavation next to and/or under the drip line. This can be accomplished by a contracted professional tree service company or trained member of the contractor's team. This is specific to the trees located on adjacent properties. d. Planting in the Public Right-Of-Way (ROW) will be subject to Landscaping in the ROW requirements. Improvements to the ROW should include new grass, irrigation and the applicant shall work with the Parks Department in order to design an appropriate trench box for the new tree plantings. Plans for the tree plantings should be completed and conceptually approved prior to building permit submittal. Section 11: Rooftop Decks All planter boxes on the rooftop shall be limited to a depth of one (I) foot six (6) inches, and all rooftop plantings shall not exceed four (4) feet in height at full maturity. The aforementioned heights shall be measured from the roof level as illustrated in submitted land use plans. Seasonal, temporary shade structures, including but not limited to umbrellas, are permitted on the roof deck. Permanent shading structures shall be prohibited from the rooftop deck. The elevator shaft and other mechanical equipment shall be built at the lowest possible height required by the Building Department while still complying with all height restrictions in the zone district and Land Use Code section 26.575.020(B)(I)(d), Chimneys, Antennas and Other Appurtenances. This height will be verified for compliance with the Building and Land Use Codes by the Zoning Officer and the Chief Building Official. The building shall have one (I) consolidated rooftop deck that shall remain accessible to free-market and affordable housing residents and that is consistent in size, location and design with plans and representations shown/made at the February 12, 2007 City Council meeting. Section 12: Green Roof The roof shall include green roof technology as presented in application materials and representations made at the February 12th, 2007 City Council hearing. The location of the green roof shall be as illustrated in plans presented at the February 12'h, 2007 hearing. Low growing succulents native to the western region of the country shall be used for the green roo f. Ordinance No. 41 Series 2006 Page 5 1111111111111111111111 :~~~~::; ~0: 54~ JANICE K VOS CAUDILL PITKIN COUNTY CO R 41.00 D 0.00 Section 13: Off-Street Parkinl! The Applicant shall provide a minimum of thirteen (13) sub-grade parking spaces to be accessed from the alleyway via a car lift, and three (3) exterior parking spaces to be access from the alleyway. At least ten (10) of the thirteen (13) sub-grade spaces shall be fitted with individual lifts that enable vertical stacking of vehicles, creating a total of twenty-six (26) to twenty-eight (28) on-site parking spaces. The design of the individual lifts in the sub-grade spaces shall be approved by the Engineering and Building Departments. The Applicant shall assign one (I) sub-grade parking space for each Affordable Housing unit. Three (3) of the Affordable Housing units shall be assigned a space that is at grade (i.e. the bottom space in the vertical arrangement), and two (2) of the Affordable Housing units shall be assigned a space via the vertical lift (i.e. the top space in the vertical arrangement). This shall be confirmed and approved by the zoning officer at the time of building permit. Permanent storage of vehicles which are not regularly used is prohibited in these spaces. The parking spaces may be condominiumized, however, the condominium declarations shall require that they only be used by the owners of units, tenants and guests in the building. The parking spaces shall not be used as a Commercial Parking Facility, as defined in the Land Use Code. Section 14: 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 fee shall be calculated according to the fee schedule in Land Use Code Section 26.610.030, Fee Schedule. Section 15: 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 16: Vested Ril!hts The development approvals granted pursuant to Planning and Zoning Commission Resolution Number 27, Series of2006 and herein shall be vested for a period ofthree (3) years from the date of issuance of the development order. No later than fourteen (14) days following the 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 vested property right, pursuant to the Land Use Code of the City of Aspen and Title 24, Article Ordinance No. 41 Series 2006 Page 6 1111111111111111111111 :~~:~~::; ~0: 54~ JANICE K VOS CAUDILL PITKIN COUNTY CO R 41.00 D 0.00 68, Colorado Revised Statutes, pertaining to the following described property: 625 E. Main Street, City and Townsite of Aspen, CO, by Ordinance No. 41 Series of2006, of the Aspen City Council. Section 17: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the 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 18: 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 19: 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 20: A public hearing on the ordinance was held on the 13th day of November, 2006, 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. INTRODUCED, READ AND ORDERED PUBLISHED as provid d by law, by the City Council of the City of Aspen on the 10th day of October, 2006. ATTEST: Kathryn S. FINALLY, adopted, passed and approved this 12th day of February, 2 Ordinance No. 41 Series 2006 Page 7 111111I11111111111111111 1111111 11111 ~~:~ ~::; ~ 0 . 54~ JANICE K VOS CAUDILL PITKIN COUNTY CO R 41.00 D 0.00 . ATTEST: APPROVED AS TO FORM: //~t'U~ Jotrn P. orce er, City Attorney G:lcitylJessicalCaseslStage IIIICouncillsecond readinglSTAGE3 ORDINANCE second reading2.12.07AS P ASSED.doc II'JlJIII1III :.~~~ ~.," co R 41.00 D 0.00 Ordinance No. 41 Series 2006 Page 8