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Home My WebLink Aboutordinance.council.008-07l~t~-r-. 4~~/~~ ORDINANCE NO.B - 2007 AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING WITH CONDITIONS A SUBDIVISION AND CONDOMINIUMIZATION AMENDMENT ASSOCIATED WITH A OF CONVERSION CONDOMINIUM MEETING ROOM SPACE AND COMMERCIAL SPACE TO ONE (1) FREE MARKET RESIDENTIAL UNIT FOR THE PROPOERTY LOCATED AT 133 PROSPECTOR STREET, CONDO: ASPEN HIGHLANDS CONDO PH 2 AND ASPEN HIGHLANDS BLOCK H CITY OF ASPEN, CO, PITKIN COUNTY, COLORADO PARCEL NO. 2735-142-13-550/552 WHEREAS, the Community Development Department received an application from Hines Highlands Limited, represented by Davis Horn, Inc, requesting approval of a Substantial PUD Amendment, and a Subdivision Amendment, to convert one (1) commercial space and a condominium meeting space in Building 2 to one (1) free-market residential unit; and, WHEREAS, the subject property is in the Aspen Highlands Village PUD; and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended denial of the proposed conversion of commercial and condominium meeting space to a Free Market residence and associated land use requests; and, WHEREAS, during a duly noticed public hearing on February 6, 2006, the Planning and Zoning Commission approved Resolution No. 34 Series of 2006, by a two to three (3 - 2) vote, approving a Substantial PUD Amendment for the conversion of commercial and condominium meeting space to one (1) free-market residential unit at 133 Prospector Street. The resolution further recommended to the City Council the approval of the requested subdivision associated with the conversion ofoffice/retail space to free market residential; and, WHEREAS, upon review of the Subdivision Other Amendment request, the Community Development Department recommended approval of the Subdivision amendment request; and, WHEREAS, on March 26`h, 2007 the Aspen City Council approved Ordinance No. 8, Series 2007, on First Reading by a _ to _ (~-~ vote, approving with conditions the Subdivision and Condominiumization of 133 Prospector Street, City of Aspen, CO; and, WHEREAS, during a duly noticed public hearing on April 9~', 2006, the Aspen City Council approved Ordinance No. _, Series 2007, by a _ to _ ~-~ vote, approving with conditions the Subdivision and Condominiumization of 133 Prospector Street, City 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, Ordinance No. 8, Series 2007 Page 1 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 welfaze. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: 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 subdivision and condominiumization amendment associated with a conversion condominium meeting room space and commercial space to one (1} free-market unit for the property located as 133 Prospector Street, CONDO: ASPEN HIGHLANDS CONDO PH 2 and ASPEN HIGHLANDS BLOCK H City of Aspen, CO, Pitkin County, Colorado. Section 2: Plat and Agreement Pursuant to the procedures and standazds set forth in Section 26 of the City of Aspen Municipal Code, the City Council approves a Subdivision Other Amendment for the conversion in use. The Applicant shall record a revised plat that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of such approval. A final Condominium Plat may be approved and signed by the Community Development Director upon substantial completion of construction and prior to the Certificate of Occupancy. Section 3: PUD Plat and Agreement 1. An Amended PUD Agreement shall be recorded within 180 days of the final approval by City Council and shall include the following: a. The information required to be included in a PUD Agreement, pursuant to Section 26.445.070(0), as determined to be necessary by the Community Development Department. 2. An Amended PUD Plan shall be recorded within 180 days of the final approval granted by City Council and shall include: a. A final condominium plat meeting the requirements of the Community Development Engineer and showing easements, encroachment agreements and licenses with reception numbers for physical improvements, and the location of utility pedestals. Section 4: Buildine Permit Aaolication 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. Ordinance No. 8, Series 2007 Page 2 c. A fugitive dust control plan to be reviewed and approved by the City Engineering Department. d. A construction noise suppression plan submitted to the City of Aspen Environmental Health Department if the construction of this project will create noise greater than 80 decibels. e. A construction management plan (CMP), 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 meet all the requirements described in Section & of this resolution. f Accessibility and ADA requirements shall meet adopted building code requirements. Section 5: Dimensional Requirements The proposed development as presented in the plans contained within the application dated May 24, 2006 and the application amendment dated November 15, 2006, complies with the dimensional requirements of the PtJD. Compliance with these requirements will be verified by the City of Aspen Zoning Officer at the time of building permit submittal. Section 6: Trash/Utility Service Area All trash containers used in construction shall be wildlife proof and meet the Certificate of Appropriateness regulations pertaining to size and security. All other trash/utility service areas shall comply with previous approvals in the PUD. Section 7: Construction Manasement A construction management plan shall be submitted with the building permit application that meets the requirements of the current "Components of a Construction Management Plan" handout that is available in the City of Aspen Building Department. The construction management plan shall include at a minimum, a construction parking plan, a construction staging and phasing plan, a construction worker transportation plan, a plan for accepting major construction-related deliveries with estimated delivery schedule, the designation of haul routes, and an agreement with the City to participate with other neighboring developments under construction to limit the impacts of construction. This agreement shall be prepared by the developer and accepted by the Community Development Director. As part of the construction management plan, the developer shall agree to require all dump trucks hauling to and from the site to cover their loads and meet the emission requirements of the Colorado Smoking Vehicle Law. Any regulations regarding construction management that may be adopted by the City of Aspen prior to application for a building permit for this project shall be applicable. The construction management plan shall also include a fugitive dust control plan to be reviewed by the City Engineering Department that includes watering of disturbed areas (including haul routes, where necessary), perimeter silt fencing, as-needed cleaning of adjacent right-of--ways, and a representation that the City has the ability to request additional measures to prevent a nuisance during construction. A temporary encroachment license is required if the City's right- of--way is used for construction purposes. Ordinance No. 8, Series 2007 Page 3 Section 11: Park Development Impact Fee Pursuant to Land Use Code Section 26.610, Park Development Impact Fee, the Applicant shall pay a pazk development impact fee prior to building permit issuance. The fee shall be calculated according to the fee schedule in affect at the time of building pennit submittal. Section 12: 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 13: 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 14: Vested 13iEhts The development approvals granted pursuant to Planning and Zoning Commission Resolution Number 34, Series of 2006 and herein shall be vested for a period of three (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 68, Colorado Revised Statutes, pertaining to the following described property: 133 Prospector Road, City of Aspen, CO, by Ordinance No. 8, Series of 2007, of the Aspen City Council. Section 15: 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, aze 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 16: This resolution 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. Ordinance No. 8, Series 2007 Page 4 Section 17: If any section, subsection, sentence, clause, phrase, or portion of this resolution 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 18: A public hearing on the ordinance shall be held on the 9~' day of April, 2007, 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 genera] 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 March, 2007. Helen Kalin Klanderud, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY adopted, passed and approved this day of 2007. Helen Kahn Klanderud, Mayor ATTEST: Kathryn S. Koch, City Clerk G:\cityVessica\Cases\AHV PUD Amend\Substan[ial\Council\first reading\AHV conversion ordinance.doc Ordinance No. 8, Series 2007 Page 5