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Home My WebLink Aboutordinance.council.012-11 ORDINANCE NO. 12 (SERIES OF 2011) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING WITH CONDITIONS AN AMENDMENT TO A SUBDIVISION DEVELOPMENT ORDER, PLANNED UNIT DEVELOPMENT, AND REZONING FOR 625 E. MAIN STREET, LOTS E, F G AND THE EASTERLY 10 FEET OF LOT D, BLOCK 98, CITY AND TOWNSITE OF ASPEN, AND LOTS 5, 6, 7 AND THE EASTERLY 10 FEET OF LOT 4, BLOCK 29, EAST ASPEN ADDITIONAL TOWNSITE, COUNTY OF PITKIN, STATE OF COLORADO PARCEL NO. 2737-073-320-02 WHEREAS, the Community Development Department received an application from 625 Main Aspen, LLC, a Colorado limited liability company, represented by David Johnston Architects, requesting approval of an amendment to a growth management development order, two Growth Management Reviews, an amendment to a subdivision development order, Planned Unit Development, and rezoning to construct a mixed -use building consisting of 9,988 sf of net leasable space, two affordable housing residential units, and three free- market residential units; and, WHEREAS, the subject property is zoned C -1 (Commercial) and is legally described as Lots E, F G and the Easterly 10 feet of Lot D, Block 98, City and Townsite of Aspen, and Lots 5, 6, 7 and the Easterly 10 feet of Lot 4, Block 29, East Aspen Additional Townsite, County of Pitkin, State of Colorado (the "Property "); 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 March 8, 2011, the Planning and Zoning Commission approved Resolution No. 7, Series of 2011, by a four to zero (4 — 0) vote, approving an amendment to a growth management development order, two Growth Management Reviews for the development of a mixed -use building that includes commercial space, office space, free - market housing, and affordable housing, and recommending that City Council approve with conditions an amendment to a subdivision development order, Planned Unit Development, and rezoning for the Property; and, WHEREAS, on April 11, 2011 the Aspen City Council approved Ordinance No. 12, Series 2011, on First Reading by a five to zero (5 -0) vote, approving with conditions an amendment to a subdivision development order, Planned Unit Development, and rezoning of the Property; and, WHEREAS, during a public hearing on April 25, 2011, the Aspen City Council approved Ordinance No. 12, Series 2011, by a four to one (4 -1) vote, approving with conditions an RECEPTION #: 579930, 05/17/2011 at Ordinance 12, Series 2011 09:19:31 AM, Page 1 1 OF 8, R $46.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pitkin County, CO amendment to a subdivision development order, Planned Unit Development, and rezoning of the Property; 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 fmds 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: Approval Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the Aspen City Council hereby approves with conditions an amendment to a subdivision development order, Planned Unit Development, and rezoning to construct a mixed -use building consisting of three (3) commercial units, three (3) free - market residential units, and two (2) deed - restricted affordable housing units on the Property. Section 2: Plat and Agreement Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the Applicant shall record a Subdivision/PUD agreement that meets the requirements of Land Use Code Section 26.480, Subdivision, and Land Use Code Section 26.445, Planned Unit Development, within 180 days of this approval. The Subdivision/PUD Agreement shall include a commitment to satisfy all conditions of Planning and Zoning Commission Resolution Number 7, Series of 2011,all conditions of this Ordinance, and a commitment to provide an escrow account for the purposes of ensuring adequate public safety of the site. A final Condominium Plat may be approved and signed by the Community Development Director upon substantial completion of construction. Section 3: Dimensional Requirements The project shall be subject to Aspen Municipal Code Chapter 26.575, Miscellaneous Supplemental Regulations and with the Commercial (C -1) zone district, in place at the time of land use application submittal in April 2006. Changes subsequent to issuance of a Certificate of Occupancy shall be subject to the Land Use Code in place at the time of proposed changes, with the exception of the size of the Free - Market units, and Free - Market Net Livable to Commercial Net Leasable Ratio as outlined in the table below. Ordinance 12, Series 2011 Page 2 - Dimensional Requirement Proposed Dimensional Requirements Free Market Net Livable Area (NLA): 8,022 sf Above -Grade Commercial Net Leasable Area Free - Market Net Livable to (NLA): 7,869 sf Commercial Net Leasable Ratio The ratio is not met by 153 sf (There is 153 sf more Free - Market NLA than Commercial NLA). Unit A. 2,658 sf Maximum Residential Unit Size (Sq. Unit B. 2,837 sf Ft.) Unit C. 2,527 sf (Total size: 8,022 sf) The height of the mechanical equipment shall be limited to five (5) feet above the building height, or to a total of 43 feet, and the roof - mounted equipment shall be centered in the building. Section 4: Building Permit Application 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. c. A fugitive 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 spoils report pursuant to the Building Department's 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 construction management plan shall also identify that the adjacent sidewalks will be kept open and maintained throughout construction, that landscapings, plantings and amenities on adjacent property 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 and Grading Plan satisfying the requirements of the Parks, Engineering, and Building Departments, and consistent with Exhibit A to this Ordinance. g. A stormwater plan satisfying the requirements of the Engineering Department. Section 5: Trash/Utility Service Area The trash containers shall be wildlife proof and meet the regulations pertaining to size and security. Section 6: Sidewalks, Curb, and Gutter The finished floor of the building is approximately 1.3 feet above the top back of curb, it proposes challenges in meeting the department's standards for accessibility and door swing clearance along Main Street. Additionally structural soils will be required for the sidewalk to improve the growth area for the planting strip. Due to the condition of the curb and gutter that Ordinance 12, Series 2011 Page 3 fronts the building, it will need to be replaced prior to CO of the building. Plans must be consistent with Exhibit A to this Ordinance. All improvements shall be made prior to a Certificate of Occupancy on any of the units within the development. Section 7: Affordable Housing 1. The mitigation with the two three - bedroom units has been satisfied. The owner shall convey an undivided 1 /10 of 1% ownership interest in the lot on which the units are situated to APCHA. The APCHA ownership interest shall be in perpetuity or until such time as the units are converted to ownership units, or the statutory restriction on rent control units is eliminated. The units are to be ownership units sold through the lottery system after the initial sale, subject to the following conditions: a. The developer shall have the right to sell to a fully qualified household of its choice for the initial sale only. The units shall be specified in the deed restriction at a Category 4 but sold for $305,000 ($15,000 under the maximum Category 4 sales price stated in the Guidelines). The qualified household must meet the minimum occupancy requirement for the unit (a household of three with at least one dependent as defined in the Guidelines), no higher than a Category 4 as specified in the Guidelines, and a minimum work history in Pitkin County of four years prior to application. All other conditions for a qualified employee must be adhered to as well. b. Since the project is a mixed commercial/free - market/deed- restricted project, the assessments shall be determined based on the differential between the price values of the free - market component compared to the deed - restricted component and approved by APCHA. This language shall be required in the approval and in the Covenants associated with the project. No changes to this restriction would be allowed without APCHA's approval. Voting rights shall be based on one vote per unit. 2. The units shall be completed with a Certificate of Occupancy and be listed for sale at the initial price given above prior to the closing of any sale of a free - market unit. 3. The deed - restriction shall be recorded at the time of recordation of the Condominium Plat and prior to Certificate of Occupancy. 4. Each Affordable Housing Unit shall be assigned as least one (1) parking space in the sub -grade garage. Section 8: 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. Ordinance 12, Series 2011 Page 4 Section 9: Sanitation District Requirements 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. On -site utility plans require approval by ACSD. Oil and Grease interceptors (NOT traps) are required for all food processing establishments. Locations of food processing shall be identified prior to building permit. Even though the commercial space is tenant finish, interceptors will be required at this time if food processing establishments are anticipated for this project. 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 through the oil /sand interceptor 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. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. All ACSD fees must be paid prior to the issuance of a building permit. The glycol heating and snow melt system must be designed to prohibit and discharge of glycol to any portion of the public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. Soil Nails are not allowed in the public ROW above ASCD main sewer lines. Section 10: 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 11: Landscaping Planting in the Public Right of way 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. The trench box or infrastructure for the sidewalk may require the use of new technologies which allow for structural support of a sidewalk and contribute to the growth and health of the tree roots. Tree plantings boxes are not approved for the landscaping in the right of way. Final Ordinance 12, Series 2011 Page 5 layout and numbers of trees will be approved by the Parks and Engineering Departments prior to issuance of building permit. The walkway located on the western property line, and approved in Ordinance 41, Series of 2006, remains a requirement. Section 12: 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 13: Pedestrian Amenity Cash -in -Lieu Fee Pursuant to Land Use Code Section 26.575.030, Pedestrian Amenity, the Applicant shall pay a cash -in -lieu fee for pedestrian amenity in the amount equal to ten percent of the lot area prior to building permit issuance. The fee is assessed based on the following calculation: Lot area = 10,000 square feet 10% of Lot Area = 1,000 square feet Payment = $50 x 1000 square feet Pedestrian Amenity Cash -in -Lieu = $50,000, 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 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 15: Parking 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. The Applicant shall assign at least one (1) sub -grade parking space for each Affordable Housing unit. Storage areas may be added to the parking stalls and the stalls may be enclosed in the future, as long as the parking spaces meet the minimum dimensions as outlined in the Municipal Code. Section 16: Financial Assurances The Owner commits and agrees that before a Building Permit is issued for any phase associated with the continuation of construction for the project at 625 East Main Street by Ordinance, the Owner shall provide to the City Building Department and the City Attorney for review and approval satisfactory evidence that the Owner has in place sufficient financing to accomplish and complete the construction related to the Building Permit being sought, including all private and Ordinance 12, Series 2011 Page 6( public improvements covered by the Building Permit, and all public improvements required under the Subdivision/PUD Agreement. Supporting cost estimates for all improvements covered by the requested Building Permit shall be prepared by the Owner's General Contractor and shall be delivered to the City Building Department for review and approval before the Building Permit is issued. A Certificate of Occupancy (CO) or a Conditional Certificate of Occupancy (CCO) shall not be issued for the project until the public improvements associated with the sidewalk area to the north of the property and any other additional public improvements that are required under the new Building Permit have been completed. 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 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. Section 19: 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. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 11th day of April, 2011. &eIIrand( ATTEST: ((//�� / / /� A 1& Kathryn S. I h, City Clerk Ordinance 12, Series 2011 Page 7 FINALLY, adopted, passed and approved this 25th day of April, 2011. i'!'v��1 % /75 -i/ - 2' N Mich e l Ireland, Mayor ATTEST: Kathryn S. K a4P,Oft-- i ty Clerk APPROVED AS TO FORM: . Worcester, City Attorney Ordinance 12, Series 2011 Page 8 Tue, Apr 12, 2011 12:18:36 6403573 (2 T ' I / Ad Ticket #5 �/ —/i- 1/ Acct: 1013028 Name: Aspen (LEGALS) City of Phone: (970)920 -5064 Address: 130 S Galena St E-m ANGELA SCOREY Client: Caller: Kathryn Koch Ci Aspen Receipt State: CO Zip: 81611 Ad Name: 6403573A Original Id: 0 Editions: 8ATI /8ATW/ Class: 0990 Start: 04/17/11 Stop: 04/17/11 Color: Issue 1 Copyline: 6403573 atw Ordinance 12 R AT Legals LEGAL NOTICE Lines: 20 ORDINANCE #12, 2011, PUBLIC HEARING Ordinance #12, Series of 2011. was adopted on Depth: 1.68 first reading at the City Council meeting April 11, 2011. This ordinance. if adopted, will approve an Columns: 1 PUD amendment to Stage III, 625 E. Main. project. Discount: 0.00 The public hearing on this ordinance is scheduled for April 25, 2011 at 5 PM, City hall, 130 South Commission: 0.00 Galena. Net: 0.00 To see the entire text. go to the city's legal notice 0.00 website Tax: http://www.aspenpitkin.comiDepanmentsIClerk/ Total 10.12 1.egal-Noticesi If you would like a copy FAXed or e- mailed to you, Payment 0.00 call the city clerk's office. 429 -2686. Published in the Aspen Times Weekly on April 17. 2011. [6403573] Ad shown is not actual print size a 0\ 'O .- c) cn �' n c' "-� " 3 r n - OG 'II O a n 0 � C a A. 'X N O a O n 11 t__, u, n -,-., . r o n ( n n c n n, n n .y � v .' a. j' R n p .-n C n � . p- G 1—'0 - C P W `r„,. .n up n v im " , m r � ' n k p: 0 a- a n O. �, p' n OW N .n.. ...� O 0 R. n c o m p X W n> " �- ' — j .71 n O N ,4 O R . 7 y � ' r ' ^ y H O '. v' i7 ' < OQ ^ .0. rt n 'S C 0 n FL n n O n, n P. On ^ O A . 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