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HomeMy WebLinkAboutordinance.council.009-11 ORDINANCE NO. 9 (SERIES OF 2011) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN AMENDMENT TO AUTHORIZED DEVELOPMENT WITHIN A PLANNED UNIT DEVELOPMENT, AMENDMENT TO THE OFFICIAL ZONE DISTRICT MAP, AND SUBDIVISION, WITH CONDITIONS, FOR THE DEVELOPMENT OF 40 AFFORDABLE HOUSING UNITS ON THE PROPERTY LEGALLY DESCRIBED AS LOTS K, L, M, N, 0, P, Q, R AND 5, BLOCK 31, ASPEN TOWNSITE AND COMMONLY KNOWN AS 500 W. HOPKINS AVE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 273512449002 WHEREAS, the Community Development Department received an application from Aspen FSB -ABR LLC, represented by Michael Hoffman Esq., requesting approval to amend the authorized development within a Final Planned Unit Development (PUD), Affordable Housing Growth Management, Change in Use Growth Management, Special Review for Off - Street Parking, Certificates of Affordable Housing Credits, Amendment of Official Zone District Map (Rezoning), and Subdivision, to develop 54 affordable housing units at 500 W. Hopkins Ave.; and, WHEREAS, the Applicant has an existing vested right to develop the property with 47 lodge units, 5 free - market units, and 2 affordable housing units via Ordinance No. 26 (series of 2006), commonly known as the Boomerang Lodge; and, WHEREAS, the Applicant requested approval by the Planning and Zoning Commission for Affordable Housing Growth Management, Change in Use Growth Management, Certificates of Affordable Housing Credits; and, WHEREAS, the Applicant requested a recommendation by the Planning and Zoning Commission to the City Council for approval of Final Planned Unit Development (PUD), Rezoning, and Subdivision; and, WHEREAS, the property is located at 500 W. Hopkins Ave. and is currently zoned Medium- Density Residential (R -6), Lodge Preservation (LP) and Planned Unit Development (PUD); and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended remanding the application to applicant to reduce allowable Floor Area Ratio (FAR) from 1:66:1 to 1.5:1, to meet the Aspen Area Community Plan (AACP) standard of compatibility with the neighborhood; and, RECEPTION #: 581785, 08/09/2011 at Page 1 of 12 12:56:22 PM, Ordinance No. 9 (Series of 2011) 1 OF 25, R $131.00 Doc Code ORDINANCE Janice PC Vos Caudill, Pitkin County, CO WHEREAS, during a duly noticed public hearing on November 2, 2010, the Planning and Zoning Commission took public testimony, considered the application and remanded it back to the Applicant for further consideration and amendment; and, WHEREAS, the Applicant amended the application by reducing the height, floor area, and unit count of the proposal; and WHEREAS, during a continued public hearing on December 14, 2010, the Planning and Zoning Commission approved Resolution No. 22, Series of 2010, by a 4 to 1 vote, with conditions: and, WHEREAS, due to an appeal on the approved resolution the City Council remanded the application back to the Planning and Zoning Commission to reconsider their parking recommendation solely on the PUD review criteria; and, WHEREAS, during a duly noticed public hearing on February 8, 2011, the Planning and Zoning Commission took public testimony, considered the application and approved Resolution No. 4 (series of 2011); and, WHEREAS, once the land use approvals and recommendation of approval were granted by the Planning and Zoning Commission, the Applicant requested Subdivision, PUD — Other Amendment, and Amendment to the Official Zone District Map approval 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 requests; and, WHEREAS, during a duly noticed public hearing on June 13, 2011, the City Council considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment, and continued the hearing to July 11, 2011; and, WHEREAS, during a continued public hearing on July 11, 2011, the City Council considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment; and, WHEREAS, the City Council finds that the amended development proposal negotiated during the July 11, 2011, hearing 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 continued the public hearing to July 25, 2011, to review amendments to the ordinance incorporating negotiated provisions of the July 11 Page 2 of 12 Ordinance No. 9 (Series of 2011) hearing and 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, COLORADO THAT: 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 amendments to the authorized development within a Planned Unit Development (Other Amendment), Subdivision Review and Amendment to the Official Zone District Map to develop 40 affordable housing units subject to the conditions further described herein. Section 2: Amendment to the Official Zone District Map (Rezoning) The Official Zone District Map of the City of Aspen shall be, upon filing of the subdivision plat and Final PUD plans, amended by the Community Development Director to reflect an underlying zone district designation change from Medium Density Residential with a Lodge Preservation overlay and Planned Unit Development overlay (R -6 /LP /PUD) to Residential Multi - Family with a Planned Unit Development overlay (RMF /PUD) on all portions of land described as: Lots K, L, M, N, 0, P, Q, R and S, Block 31, Aspen Townsite. Section 3: Plat and Agreement The Applicant shall record a subdivision/PUD plat and agreement that meets the requirements of Land Use Code Section 26.480, Subdivision, and Section 26.445.070, Recording a Final PUD Development Plan, within 180 days of approval by City Council. Once the plat and agreement are recorded with the Pitkin County Clerk and Recorder, the entitlements associated with Ordinance No. 26 (Series of 2006) shall be considered null and void and the entitlements associated with this ordinance shall supersede any previous approvals. Section 4: Building Permit Application The Applicant, the Applicant's General Contractor, the Architect that produced the construction drawings, and representatives from the Building Department, Community Development Department and any other person deemed necessary by the City shall attend a meeting prior to the submission of any type of Building Permit for the Subject Property. The purpose of the meeting shall be to ensure clarity relative to the submission requirements, the requirements of this Ordinance, timeframes for processing Building Permits, and any other issues raised by any party. The building permit application shall include the following: a. A copy of the final Ordinance No. 9 (Series 2011) and P &Z Resolution No. 22 (Series of 2010) and the signed development order issued by the Community Development Department. Page 3of12 Ordinance No. 9 (Series of 2011) b. The conditions of approval printed on the cover page of the building permit 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 meets adopted city standards. e. An excavation stabilization plan, construction management plan (CMP), and drainage and soils reports pursuant to the Building Department's requirements. f. A fugitive dust control plan to be reviewed and approved by the Environmental Health Department. g. A detailed excavation plan for review and approval by the City Engineer. h. Accessibility and ADA requirements shall be addressed to satisfactorily meet adopted building codes. i. Evidence that the Applicant has complied with the Applicant's obligations to provide Financial Assurances, a Performance Bond, and Site Protection Funds, as described herein. Section 5: Planned Unit Development Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the following approved dimensions of the project shall be reflected and recorded in the Final PUD plans. Dimensional Req. PUD Allowances Minimum Lot Size 27,000 sq. ft Min. Lot Area / Dwelling 675 sq ft Unit Maximum Allowable 40 units Density Minimum Lot Width 270 feet Minimum Front Yard 5 feet Minimum Side Yard 4'3" — east* 5' -- west Minimum Rear Yard 5' for building 2 " floor balcony and parking ramp projects 4'6" into setback Maximum Height from 32 feet ** finished grade Minimum dist. between N/A buildings Minimum Open Space Not required Page 4 of 12 Ordinance No. 9 (Series of 2011) Dimensional Req. PUD Allowances Allowable Floor Area 1.4:1, or 37,800 sq. ft. Minimum Off - Street 46 Total Parking 34 -on -site (33 underground, 1 alley space) 12 within the 4 street r -o -w Notes: Those dimensions in bold indicate variations from the underlying zone district standards as identified in Exhibit B. * Per HPC approval, 4/25/2007 * * Allowed exceptions to height limitations, LUC Section 26.575.020(F)(4), are permitted. Section 6: Affordable Housing. Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission approved Growth Management Review for Affordable Housing, via Resolution No. 22 (Series of 2010). A reduction in units to 40 was proposed by the applicant and approved by the City Council. All affordable housing units shall be deed restricted, as "for sale" units, in accordance with the requirements of Section 26.470.070.4(a -d) of the Municipal Code. Twenty (20) of the affordable housing units shall be deed restricted to Category 3 or lower and twenty (20) shall be deed restricted to Category 4 or lower. All affordable housing units shall be transferred in accordance with the APCHA Guidelines in effect at the time of the transfer. Design of the units, parking on -site, and storage will be finalized with the recordation of a PUD Plat. Unit Type Number of Units studio 2 One bedroom 25 Two bedroom 13 Total 40 Section 7. Certificates of Affordable Housing Credits. a. Creation of certificates. Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, and specifically the criteria set forth in Chapter 26.450 of the Municipal Code, the Aspen City Council hereby incorporates the approval by the Planning and Zoning Commission of Certificates of Affordable Housing Credits as follows: Page 5 of 12 Ordinance No. 9 (Series of 2011) Unit Type Employee Housed Number of Units Certificates of AH studio 1.25 2 2.5 One bedroom 1.75 25 43.75 Two bedroom 2.25 13 29.25 Total 75.5 b. Issuance of Certificates. The Community Development Director is hereby directed to issue the number of Certificates for Affordable Housing Credits indicated above to the Applicant upon the issuance of Certificates of Occupancy for the number of affordable housing units that have been constructed and that have been deed restricted pursuant to the requirements of this Ordinance. At the time of issuance of the Certificates for Affordable Housing Credits, the then owner of the affordable housing units shall provide the Community Development Director with a letter acknowledging receipt of the Certificates for Affordable Housing Credits. Section 8: Engineering The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the Engineering Department. The Applicant design shall also be compliant with the Urban Runoff Management Plan. - The Applicant shall provide the following required Right -of -Way improvements and will meet all applicable standards. Minimum required site improvements are as follows: • Construction of sidewalk in the public right -of -way along West Hopkins Ave, 4 Street and 5 Street. • Installation of two ADA sidewalk ramps at the intersection of West Hopkins and 5` and 2 ADA ramp on the intersection of 4 and Hopkins Street. • Installation of two concrete alley ramps that are compliant with the Engineering Dept standards. • Construction of approximately 150 linear feet of four feet (4') wide concrete valley pan along 4 Street. • Construction of new curb and gutter along 4` 5 Street and West Hopkins. • Placement of approximately 697 square yards of asphalt paving to replace the alley surface. Section 9: Fire Mitigation All codes adopted by the Aspen Fire Protection District shall be met per building permit. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Section 10: Public Works 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 Page 6 of 12 Ordinance No. 9 (Series of 2011) Department. Utility placement and design shall meet adopted City of Aspen standards. Each of the units within the building shall have individual water meters. The recorded plat shall provide adequate easements for all utility lines. This shall be reviewed by engineering and the water department prior to recordation. Section 11: Sanitation District Requirements Since an upgraded main sanitary sewer line is required to serve this new development, a "Collection System Agreement" is required to be memorialized prior to development and issuance of a building permit. Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office at the time of construction. Applicant's engineer will be required to give the district an estimate of anticipated daily average and peak flows from the project. A wastewater study flow will be required for this project to be funded by the applicant. All clear water connections are prohibited (roof, foundation, perimeter, patio drains), including entrances to underground parking garages. On -site drainage and landscaping plans require approval by the district must accommodate ACSD service requirements and comply with rules, regulations and specifications. On -site sanitary sewer utility plans require approval by ACSD. Section 12: Environmental Health The state of Colorado mandates specific mitigation requirements with regards to asbestos. Additionally, code requirements to be aware of when filing a building permit include: a prohibition on engine idling, regulation of fireplaces, fugitive dust requirements and noise abatement. Wildlife protection/enclosures for the trash and recycle area is required. Section 13: 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 14: Parks Building permit plans shall include a detailed plan submitted for Tree Protection. A. Tree protection fences must be in place and inspected by the city forester or his /her designee before any construction activities are to commence. B. No excavation, storage of materials, storage of construction backfill, and storage of equipment, foot or vehicle traffic allowed within the drip line of any tree on site. C. There should be a location and standard for this fencing denoted on the plan. Current locations are identified above the 15' set back and along the side yard setbacks. An approved tree permit is required before submission of the building permit set. The original tree permit, #2007 -012, is valid as long as there are no further changes to the trees being removed and final mitigation plans. Changes to these two areas will most likely trigger a new permit or an addendum to the original. Page 7 of 12 Ordinance No. 9 (Series of 2011) Section 15: Residential Design Standards Applicant will meet Residential Design Standard Section 26.410.040(D) or obtain a variance prior to issuance of building permit. Section 16: Impact Fees and School Lands Dedication Fee -in -Lieu The Applicant shall pay all impact fees and the school lands dedication fee -in -lieu assessed at the time of building permit application submittal and paid at building permit issuance with the exception of any bedroom credit associated with the former lodge and any credit for fees paid on permit number 0043.2007.ACBK to redevelop the lodge. Section 17: Transportation Demand Management. A. Traffic Demand Management Plan. The Applicant shall comply with all aspects of the Transportation Demand Management (TDM) Plan the Applicant was required to prepare as part of the land use approvals for the approved development. The TDM Plan is appended hereto as Exhibit A. The Applicant may amend the TDM Plan with the consent of the Transportation Department. The Applicant shall comply with all aspects of the TDM Plan. Any amendments to the Plan shall be submitted with a Building Permit application. B. Car -Free Units. To assist in mitigating traffic impacts of the Project, the Applicant shall identify and designate five (5) dwelling units as "Car -Free Units." The designation of the Car -Free Units shall occur before any Certificates of Occupancy or Conditional Certificates of Occupancy are issued by the City for any of the dwelling units within the Project. Except as set forth in Subsection D., below, the owner(s) or occupant(s) of such units shall be restricted from storing, parking, operating, or maintaining, a Motor Vehicle, as that term is defined at Section 42 -1- 102(58), C.R.S., within the boundaries of the City of Aspen. The owner(s) or occupant(s) of such Car -Free Units shall not be eligible to receive a City of Aspen Parking Permit. Before a Certificate of Occupancy or Conditional Certificates of Occupancy is issued for any dwelling unit within the Project, the Applicant shall provide to the City Attorney for review and approval legal instruments that restrict the dwelling units as required by Section 6, above; and in addition, the deed restrictions for the designated Car -Free Units shall include provisions that restrict the use of Motor Vehicles by the owner(s) or occupant(s) of such units as set forth in this Section. The deed restrictions for the Car -Free Units shall grant to the Boomerang Homeowner Association, the City of Aspen, and APCHA the authority to enforce the provisions of the deed restrictions. C. Car -Free Units — Disclosure and Enforcement. The Applicant shall ensure that all marketing literature, the Rules and Regulations of the Boomerang Condominium Association, and the Condominium Declarations all include provisions that disclose and explicitly explain to potential purchasers the restrictions imposed upon the Car -Free Units. Applicant hereby agrees to include provisions in the Subdivision/PUD Agreement, referenced hereinabove at Section 3, that require the Applicant to cooperate in the monitoring and enforcement of Page 8 of 12 Ordinance No. 9 (Series of 2011) the restrictions imposed upon Car -Free Units, including, but not limited to, providing to the City and APCHA the date that Car -Free Units are transferred to new owners, the names of all owners of the Car -Free Units upon the transfer of title to the Car -Free Units, D. Car -Free Units — Occasional Use of Motor Vehicles. Notwithstanding the limitations described in Sebsection B., above, owners or occupants of the Car - Free Units shall be permitted to participate in the City's CAR TO GO program or any successor to the CAR TO GO program and to use, on an occasional basis, such cars, trucks or motorcycles as are reasonably necessary to meet the essential needs of the owner or occupant. "Occasional use" shall mean the use of as Motor Vehicle only on infrequent and irregular occasions. A permitted example of an occasional use of a Motor Vehicle may include, but is not necessarily limited to, the occasional need to drive a vehicle to the Project, park it for a very limited time to allow it to be loaded or unloaded, and immediately removed. Under no circumstances shall overnight parking of a motor vehicle be allowed as an occasional use. Section 18: Financial Assurances - Performance Bond (a) The Applicant commits and agrees that before a Building Permit is issued for the Boomerang development approved by this Ordinance, the Applicant shall provide to the City Building Department and the City Attorney for review and approval satisfactory evidence that the Applicant has in place sufficient financing to accomplish and complete the construction of the development, including all public improvements. Such financing may include, without limitation, a construction loan from an institutional lender or lenders and equity capital investments from the Applicant and /or third party investors. (b) Supporting cost estimates for all improvements covered by the requested Building Permit shall be prepared by the Applicant's General Contractor and shall be delivered to the City Building Department for review and approval before the Building Permit is issued. (c) The Applicant further commits and agrees that before a Building Permit is issued for the Boomerang development approved by this Ordinance, the Applicant shall provide to the City Building Department and the City Attorney for review and approval a copy of a Performance Bond issued or committed to be issued to the Applicant's General Contractor by an institutional surety company pursuant to which the surety agrees to provide the funds necessary to complete the construction of the improvements covered by the Building Permit, and all public improvements required under the Subdivision/PUD Agreement. The Performance Bond shall name the Applicant and the City of Aspen as additional beneficiaries or insureds thereunder to grant to either or both of them a direct right of action under the Performance Bond in order to construct or finish public improvements, and to complete the construction of the improvements covered by the Building Permit. Page 9 of 12 Ordinance No. 9 (Series of 2011) Section 19: Site Protection Fund The Development Agreement shall include the Applicant's commitment and agreement that before a Building Permit is issued, the Applicant will deposit with a title company ( "Escrow Agent ") the sum of $100,000 (unless a lesser amount is approved by the City engineer and City Attorney) in the form of cash or wired funds (the "Escrow Funds ") and will execute an Escrow Agreement and Instructions with the Escrow Agent which recites and agrees as follows: In the event construction work shall cease for thirty (30) days or longer (`work stoppage') without a cure of such work stoppage after fifteen days (15) days notice by the City and such work stoppage not being a result of any event of force majeure, prior to a final inspection by the City of the work authorized by the Foundation/Structural Frame Permit on the Project, then the City in its discretion may draw upon the Escrow Funds from time to time as needed for purposes of protecting and securing the Project site and improvements from damage by the elements and/or from trespass by unauthorized persons, and for purposes of improving the Project site to a safe condition such that it does not become an attractive nuisance or otherwise pose a threat to neighbors or other persons. The Escrow Funds or any remaining balance thereof shall be returned to the Applicant upon completion by the City of a final inspection of the work authorized by the Foundation/Structural Frame Permit on the Project. The City shall be a named third party beneficiary of the Escrow Agreement with the express right and authority to enforce the same from time to time. Section 20: Vested Rights The development approvals granted pursuant to this ordinance 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: Lots K, L, M, N, 0, P, Q, R AND S, BLOCK 31, Aspen Townsite and commonly known as 500 W. Hopkins Avenue, City of Aspen, CO, by Ordinance No. 9 Series of 2011, of the Aspen City Council. Page 10 of 12 Ordinance No. 9 (Series of 2011) Section 21: Exhibits. The exhibits listed below are appended hereto and are, by references made to them, incorporated into this Ordinance as if fully set forth herein: • Exhibit A - Transportation Demand Management (TDM) Plan. • Exhibit B — Schematic elevations and floor plans Section 22: 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 23: 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 24: 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 25: A public hearing on this ordinance was held on the 14 day of March, 2011, 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 was 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 28 day of February, 2011. Attest: Kathryn S. Ko r , City Clerk 9-101,3-0 c hael . reland, May Page 11 of 1 Ordinance No. 9 (Series of 2011) FINALLY, adopted, passed and approved this 25th day of July, 2011. Attest: Kathryn S. K • h, City Clerk Michael C. reland, May r Approved as to form: orney Page 12 of 12 Ordinance No. 9 (Series of 20l 1) Exhibit A Transportation Demand Management (TDM) Plan For the Boomerang Condominiums I. Mission Statement. - • The Transportation Demand Management (TDM) Plan for Boomerang Condominiums (the "Project ") is established to reduce the ownership and use of private automobiles by all groups, including owners, tenants, and visitors of the Project. It is expected that the TDM Plan will contribute positively to the City of Aspen, the West End neighborhood and the Project as a quality place to live. Its program elements are to be designed and administered in a manner that emphasizes commitment, flexibility, innovation, and leadership in transportation management among multifamily housing projects located in Aspen and Pitkin County. II. Program Goals. • Mitigate negative impacts of Project - generated travel on the surrounding community, including traffic congestion and parking spillover onto public streets other than Fourth Street, adjacent to the Project. • Significantly increase the convenience, availability, and attractiveness of alternatives to single occupancy vehicles commuting and provide for reductions of commute trips through programs that support rapid transit, bicycling and walking. • All strategies described in this plan will be in place at the time the Project first becomes operational. III. Strategies. • Parking Management. Reduce parking impacts on the surrounding neighborhood by: a. Providing one parking space for each of the Project's 35 units that are not designated "car- free ". 33 of those spaces are located in the underground garage and 13 are surface parking spaces dedicated to the Project by existing Encroachment Licenses; b. Permanently assigning one parking space to 35 units within the complex. That assignment will be memorialized in the deed for each unit and will be appurtenant Boomerang Condominiums TDM Plan Page 1 to that unit so long as the project exists. The balance of spaces may be allocated as the homeowners association sees fit; c. Enforcing "ownership" of assigned parking spaces through the homeowners association. The resident manager will have authority to tow cars parked in spaces not assigned to that vehicle; • Promoting the Goals of the City's Transportation Department. a. Provide a $20,000 grant to either the City's Transportation Department or its CAR TO GO Carshare program (as determined by City Council) for use in the purchase of a new car, payment of administrative costs, or to accomplish other goals of the Transportation Department. b. Provide the first owners of each unit a free membership in CAR TO GO for one year following their purchase of the unit. (Each such owner will still need to separately qualify for membership by providing access to driving history, insurability, etc.) c. Provide free bus punch pass to each first owner of a unit within the Project. • Promote Bicycle Use By: a. providing outdoor bicycle racks for use during non - winter months; b. providing adequate room in each owner's storage locker for secure bicycle storage; c. Designing access to basement space to ease removal of bikes to the outside. d. Each unit owner will be provided ample lockable space in the basement for storage of three or more bicycles, along with other personal property. e. The resident manager will be charged with policing the use of bike racks by removing bikes that have been abandoned and not moved from the racks. Boomerang Condominiums TDM Plan Page 2 • Information and Promotion of Alternative Transportation Options. a. Provide information kiosk in interior common elements of the Project. b. 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