HomeMy WebLinkAboutordinance.council.025-07RECEPTION#: 548626, 04128/2008 at
08:56:30 AM,
1 OF 11, R $56.00 Doc Code ORDINANCE
Janice K. Vos Caudill, Pitkin County, CO
ORDINANCE N0.25
(SERIES OF 2007)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING WITH
CONDITIONS SUBDIVISION REVIEW AND VESTED PROPERTY RIGHTS FOR THE
JEROME PROFESSIONAL BUILDING REDEVELOPMENT AND SUBDIVISION
LOCATED AT 201 NORTH MILL STREET, CITY OF ASPEN, PITHIN COUNTY,
COLORADO.
Parcel Nos.2737-073-17-OlOthrough 2737-073-17-028
WHEREAS, the Community Development Department received an application from all
of the owners and directors of the Jerome Professional Building Condominium Association, Inc.,
requesting of the Planning and Zoning Commission three (3) Growth Management ~teview
approvals, Commercial Design Review approval, Special Review approval and a
recommendation of approval for Subdivision to redevelop a building known as the Jerome
Professional Building located at 201 N. Mill Street; and,
e
WHEREAS, the growth management reviews were for approval for a new mixed-use
building which contains 10,750 sq. ft. of net leasable area, approval for the development of six
(6) free-market residential units totaling a Floor Area Ratio of .87:1, and approval for the
Development of three (3) affordable housing units with a total of 3,099 sq. ft. of net livable area;
and,
WHEREAS, as part of the land use review, the Applicant requested Commercial sign
Review approval for the proposed mixed-use building; and,
WHEREAS, the Applicant also requested Special Review approval to increase the
individual floor area ratios (FAR) for both the commercial and free-market multi-family use of
the property. The effective zoning at the time of application allows an overall cap of 2:1 (24,000
sq. ft.) for the entire parcel and permits an applicant to request, through Special Review, an
increase in both the free-market multi-family use and commercial use of the property from .75:1
to a maximum of 1:1. For the commercial use, the Applicant requested an increase from .75:1 to
.88:1 (or an additional 1,515 sq. ft. in floor area) and for the free-market multi-family use, the
Applicant requested an increase from .75:1 to .87:1 (or an additional 1,442 sq. fl. in floor area);
and,
WHEREAS, the Applicant requested a recommendation by the Planning and Zoning
Commission of subdivision approval because the development of multi-family dwelling units
requires approval of subdivision pursuant to the definition of subdivision in the City's land use
code; and,
WHEREAS, the Planning and Zoning Commission reviewed the application at a public
hearing on August 1, 2006, and upon recommendation of the Community Development
Department, continued the public hearing to August 15, 2006; and,
WHEREAS, upon further review of the application at the August 15`h continuance, the
Planning and Zoning Commission considered the development proposal under the applicable
provisions of the Municipal Code as identified herein, reviewed and considered the
recommendation of the Community Development Director, and took and considered public
comment at a duly noticed public hearing; and,
WHEREAS, on August 15, 2006, via Resolution No. 26 (Series of 2006), the City of Aspen
Planning and Zoning Commission found that the development proposal meets or exceeds all
applicable development standards and that the approvals and recommendation of approval of the
land use requests were consistent with the goals and objectives of the Aspen Area Community Plan;
and,
WHEREAS, the Planning and Zoning Commission granted approval of the three (3)
Growth Management Review requests; the Commercial Design Review request; and the Special
Review request. The Planning and Zoning Commission also recommended approval of the
Subdivision request to allow for the development of a mixed-use building that contains 10,750
sq. ft. of net leasable area and a commercial F.A.R of .88:1, six (6) free-market units totaling a
Floor Area Ratio of .87:1, and providing three affordable housing units with a total of 3,099 sq.
ft. of net livable area by a vote of five to zero (5-0); and,
WHEREAS, once the land use approvals and recommendation of approval were granted by
the Planning and Zoning Commission, the Applicant requested Subdivision approval and Vested
Property Rights approval (for a period of five rather than three years) of the City Council; and,
WHEREAS, upon review of the application and the applicable code standards, the
Community Development Department recommended approval, with conditions, of the proposed
subdivision request and a three year time period for vested property rights; and,
WHEREAS, during a duly noticed public hearing on October 9, 2007, the City Council
opened the hearing and continued the hearing to October 22"d; and
WHEREAS, upon review of the application at the October 22nd continuance, the City
Council took public testimony, considered pertinent recommendations from the Community
Development Director, referral agencies and then voiced concern on the need for additional
affordable housing units within the community at which point the Applicant requested a
continuation of the hearing, which was granted, by the City Council to January 8, 2008; and
WHEREAS, prior to the continuance, the Applicant amended the application and
proposed development of a mixed-use building that contains 10,826 sq. ft. of net leasable area
and a commercial F.A.R of .802:1, five (5) free-market units totaling a Floor Area Ratio of .79:1,
and providing five (5) affordable housing units with a total of 4,701 sq. ft. of net livable area as
well as two hybrid vehicles for a private car share program to the benefit of the future affordable
housing occupants; and
WHEREAS, upon review of the amended application and the applicable code standards,
the Community Development Department recommended continuation of the application due to
changes to the exterior of the building from the previously approved Commercial Design Review of
the building and recommended to provide on-site parking for the affordable housing units rather
than hybrid cars, and
WHEREAS, upon further review of the application at the January 14th continuance, the
City Council considered the development proposal under the applicable provisions of the Municipal
Code as identified herein, reviewed and considered the recommendation of the Community
Development Director, and took and considered public comment at a duly noticed public hearing;
and adopted Ordinance No. 25, Series of 2007, approving with conditions, Subdivision and
Vested Property Rights.
WHEREAS, the Aspen City Council 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 Council finds that this ordinance furthers and is necessary for the
promotion of public health, safety, and welfaze.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL AS
FOLLOWS:
Section 1:General Development Approval
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
City Council hereby approves Subdivision Review and Vested Property Rights for the Jerome
Professional Building Redevelopment and Subdivision. The Commercial use F.A.R. is approved
at .802: 1 and the Free-Market Multi-Family use F.A.R. is approved at .79:1 for the development
of a mixed-use building containing five (5) free-market units, five (5) affordable housing units
containing a minimum of 4,701 sq. ft. of net livable area, and a commercial component
containing a maximum of 10,826 sq. ft. of net leasable area. The exterior design of the building
shall be constructed as represented to the City Council and shown in Exhibit A of this ordinance.
The Applicant shall enroll residents of the affordable housing units (up to 12.5 mitigated
employees) into Roaring Fork Valley Vehicles ("RFVV"). The HOA shall pay the initial RFVV
application fee for each mitigated employee who desires to participate in the RFVV car share
program at the time said employee enters into a lease for the affordable housing unit. The HOA
may seek a cooperative arrangement with RFVV to integrate the proposed car share program and
the 2 hybrid vehicles being provided with the RFVV program or may provide its own private car
share program for the on-site affordable housing mitigated employees. If the affordable housing
units are sold to qualifying employees, such owners shall pay the application fee to RFVV. The
applicant shall allocate parking on-site for said hybrid vehicles and may use one tandem parking
space for this purpose. The above requirements shall be in lieu of any other parking
requirements for the affordable housing units.
Section 2: Plat and Agreement
The Applicant shall record a subdivision agreement that meets the requirements of Land Use Code
Chapter 26.480, Subdivision, within 180 days of approval if City Council provides final approval of
the subdivision request. The Applicant has requested and the Community Development Director has
agreed, as provided for in Section 26.480.070 E., Recordation, to allow the subdivision plat to be
recorded concurrently with the future condominium plat.
Once construction is nearly completed but prior to an issuance of a Certificate of Occupancy, the
developer shall file a condominium plat and associated documents for review and approval by the
City Engineer and Community Development Director as outlined in land use code section
26.480.090, Condominiumization.
Section 3: Building Permit Application
The building permit application shall include the following:
a. A copy of the final recorded Ordinance (Ordinance No. 25, Series of 2007) and recorded
P&Z Resolution (Resolution No. 26, Series 2006).
b. The conditions of approval printed on the cover page of the building pennit 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. Any applicable fees will be required for a storm drainage connection to the
City system.
e. An excavation stabilization plan, construction management plan (CMP), and drainage and
soils reports pursuant to the Building Department's requirements. The CMP shall include an
identification of construction hauling routes for review and approval by the City Engineer
and Streets Department Superintendent. Special emphasis should be directed to the CMP
because of the close quarters on the lot. Material staging, parking and material handling are
major concerns. A tower crane should be considered for material handling on site to
minimize traffic disruptions.
f A fugitive dust control plan to be reviewed and approved by the Environmental Health
Department.
g. A detailed excavation plan that utilizes vertical soil stabilization techniques, or other
techniques, if appropriate and acceptable, for review and approval by the City Engineer.
h. Accessibility and ADA requirements shall be addressed to satisfactorily meet adopted
building codes.
Section 4: Dimensional Requirements
The redevelopment of the building as presented and approved by the City Council complies with
the dimensional requirements of the Mixed-Use (NIU) zone district, including the FAR limits
approved by Special Review and noted in Section 1 of this ordinance.
Section 5: En~ineerin~
Replacement of the sidewalks, curbs, and gutters need to be addressed with development of the
project. If snow melting sidewalks are installed, the adjacent curb and gutter will also need to be
heated so the runoff can go into the City of Aspen existing collection system. Permits will be
required for any work within a City Right-Of--Way. No penetration, inclusive of soil nails, is
allowed within the city right-of--way.
Section 6: Affordable Housing
a. The affordable housing requirements of the project shall be met with provision of five (5)
dwelling units housing 12.5 employees. The units configuration shall be two three-bedroom
Category 4 units; one three-bedroom Category 3 unit, one one-bedroom category 3 unit, and
one one-bedroom category 2 unit.
b. Rental units are allowed with the following conditions:
1) The units have the ability to become ownership units at such time as the owners
request this change and/or at such time as the APCHA deems one of the units out of
compliance for over a period of one year. At such time, all units will be listed for sale
with the Housing Office as specified in the deed restriction at the maximum sales price
based upon the unit type and rental category as outlined in the Guidelines in effect at
the time of final plat approval for all units and all units shall be sold through the lottery
system as specified in the Guidelines.
2) Rental of the units shall be open to all qualified employees in Aspen and Pitkin
County and shall not be tied to employment; however, the owner(s) of the commercial
or free-market residential units may still choose qualified renters and the tenants may
still be employed by the commercial component. The HOA may maintain ownership
of the units.
3) The governing documents of the development shall be drafted to reflect the
potential for the rental units to become ownership units; i.e., the Protective Covenants,
By-Laws, Articles of Incorporation, etc. Since the project is a mixed free-market/deed-
restricted project, the assessments shall be determined based on the price values of the
free-market component compared to the deed-restricted component. This language
shall be required in the Covenants associated with the project. No changes to this
restriction shall be allowed without the APCHA's approval.
4) As long as the units remain as rental units, APCHA or the applicant shall structure a
deed restriction for the employee housing units only such that an undivided 1/10`h of
1 percent interest in the ownership of each of the employee units 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.
c. The homeowners' association shall be established to reflect the potential for the units to
become ownership units. The assessments shall be based on the differential between the
market values of the free-market component compared to the deed-restricted component. This
language shall be required in the Covenants associated with the project. The Covenants shall be
reviewed by Housing Office staff prior to approval. No changes to this restriction shall be
allowed without the APCHA's approval.
d. The deed-restriction shall be recorded at the time of recordation of the Condominium Plat and
prior to Certificate of Occupancy.
Section 7: Fire Mitieation
NFPA 13 needs to be applied to the residential component of the project. Fire alarms are
required. Cazbon monoxide detectors are required. Stand Pipes for fire protection need to extend
into the basement. Service size needs to account for the required fire flows. The alley size needs
to accommodate aerial fire truck access for a minimum width of 20 feet or as otherwise approved
by the Fire Marshal.
Section 8: Rater 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 9: Sanitation District Requirements
a. Service is contingent upon compliance with the District's 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 is tenet finish, interceptors will be required at this time if food
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 shafts drains must
flow thru o/s interceptor.
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. The glycol heating and snow melt system must be designed to prohibit and dischazge of
glycol to any portion of the public and private sanitary sewer system. The glycol storage
azeas must have approved containment facilities.
i. Soil Nails aze not allowed in the public ROW above ASCD main sewer lines and within 3
feet vertically below an ACSD main sewer line.
j. Applicant's civil engineer will be required to submit existing and proposed flow calculations.
Section 10: Electrical Department Requirements
The Applicant shall have an electric connect load summary conducted by a licensed electrician in
order to determine if the existing transformer has sufficient capacity for the redevelopment. If a
new supplemental transformer is required to be installed, the Applicant shall provide for a new
transformer 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 11: Environmental Health
Using standard Institute of Traffic Engineers Trip Generation Rates, this development will
generate 94 additional trips per day, and 13 pounds of PM-10 per day. Thus this development
will have a negative effect on the air quality if mitigation measures are not implemented. To
provide such mitigation, the Applicant may consider providing free bus pass for employees,
having the businesses and Homeowner's Association actively participate in the City's
Transportation Options Program (TOP), and provide secure bike storage.
Section 12: Exterior Lighting
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 13: School Lands Dedication Fee
Pursuant to Land Use Code Section 26.620, 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 effect 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
Pursuant to Land Use Code Section 26.610, Impact Fees, the Applicant shall pay a Parks
Development impact fee assessed at the time of building permit application submittal and paid at
building permit issuance. The amount shall be calculated using the methodology and fee
schedule in effect at the time of building permit submittal. As the land use application was
submitted prior to adoption of the Transportation Demand Management (TDM)/Air Quality
impact fee, the fee shall not be required.
Section 14: Parks
a. Excavation: any excavation under the drip line of a tree to be preserved will need to
approved and receive a drip line permit along with the tree permit. The existing foundation
wall may need to remain in place at the location adjacent to a tree that is to be preserved, and
vertical excavation may be required and over digging will be prohibited in such zones; work
in these zones will need to be coordinated with the Parks Department. The Parks Department
will require a detailed plan showing the location of the existing foundation and how it
corresponds with the proposed new foundation. This note must be represented on the
building permit set.
b. Tree Protection: A vegetation protection fence shall be erected at the drip line of each
individual tree or groupings of trees remaining on site and their represented drip lines. A
formal plan indicating the location of the tree protection will be required for the building
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. Root damage is required to be minimized by preserving the
existing foundation, unless an alternative is acceptable and approved by the Parks
Department, around the large Spruce Tree.
c. An approved tree permit will be required before any demolition or access infrastructure work
takes place. Mitigation for tree removals shall be required.
d. 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. Roots 2" or greater shall be
professionally pruned by the on-call tree service. Root trenching will be required around all
trees that will be subject to excavation under the drip line or next to the drip line. This can
be accomplished by an experienced tree service company or trained member of the
contractor's team.
e. Landscaping and Sidewalk landscaped area: Landscaping in the public right of way will be
subject to landscaping in the ROW requirements, including:
o Street tree plantings shall be evenly spaced a minimum of 20 foot on-center.
o ROW plantings require adequate irrigation pressure and coverage.
o Improvements to the soil profiles of the ROW (amending the current soils to improve air,
water filtration and increase longevity of the new plantings) may be necessary and shall
be reviewed by the Parks Department.
o Tree trenches will need to be utilized for the street tree plantings. Bleeker Street planting
can be accomplished with an attached curb and sidewalk with a brick paver accent.
f Applicant should work with the developer of the adjacent property (to the west) to coordinate
the access issues, tree removals and grading associated with opening of the alley.
Section 15: Vested Rights
The development approvals granted pursuant to Planning and Zoning Commission Resolution
Number 26, 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: 201 N Mill Street, City
and Townsite of Aspen, CO, by Ordinance No. 25 Series of 2007, of the Aspen City
Council.
Section 16:
All material representations and commitments made by the Applicant pursuant to the development
proposal approvals as herein awazded, 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 17:
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 18•
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.
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.
Section 19:
A public hearing on this ordinance shall be held on the 9`s day of October, 2007, at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall,
Aspen, Colorado, a minimum of fifteen 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 25a' day of June, 2007.
Attest:
' V
Kathryn S. ch, City Clerk
3/zS-'o
Michael .Ire and, Mayor
FINALLY, adopted, passed and approved this 14TU day of January, 2008.
Attest:
/'L°`r~
Kathryn {och, City Clerk
3-zS-og
Michael C. reland, Mayor
Approved as to form:
~ty Attorney
List of Exhibits
Exhibit A -Approved Exterior Elevations
JEROME PROFESSIONAL BUILDING
REVISED DESIGN
BLEEKER AND MILL STREET VIEW
MILL STREET VIEW