HomeMy WebLinkAboutordinance.council.021-11 ORDINANCE NO. 21,
(SERIES OF 2011)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING SUBDIVISION FOR THE DEVELOPMENT OF
w O THREE MULTI - FAMILY BUILDINGS, INCLUDING ELEVEN AFFORDABLE
v v HOUSING UNITS FOR THE PROPERTY LOCATED AT 518 WEST MAIN
z STREET, LEGALLY DESCRIBED AS LOTS P, Q, AND '' /D OF LOT 0, BLOCK 30,
—
Cl o ' CITY OF ASPEN, PITKIN COUNTY, COLORADO.
C
0 c
D 2 PARCEL NO. 2735-124-43-006
T v Q.
u = WHEREAS, the Community Development Department received an application
in 0 z from Fat City Holdings manager Peter Fornell requesting approval of Subdivision to
° o 0 redevelop 518 West Main Street by rehabilitating the historic home and constructing two
o a a > (2) new detached multi - family structures, for a total of 3 buildings on the site, with the
a re
N entire project containing eleven (11) affordable housing units equivalent to twenty -four
w , u (24) full time equivalents; and,
U M LL • C
ill oO ec
• -- n WHEREAS, the property is located within the Mixed Use (MU) Zone District
and is included on the Aspen Inventory of Sites and Structures as a Local historic
landmark and a contributing resource within the Main Street Historic District; and,
WHEREAS, at the March 23, 2011 meeting of the Historic Preservation
-- Commission, continued from February 23, 2011, the Historic Preservation Commission
approved Resolution No. 4, Series of 2011, by a four to three ( 4 — 3) vote approving
Demolition, Relocation, Setback Variances, Conceptual Major Development review, a
reduction of the parking requirement to 8 onsite parking spaces, and a reduction of the
dimensions of the trash, utility and recycle area; and,
WHEREAS, pursuant to Section 26.480, the City Council may approve a
Subdivision, during a duly noticed public hearing after considering a recommendation
from the Planning and Zoning Commission made at a duly noticed public hearing,
comments from the general public, a recommendation from the Community Development
Director, and recommendations from relevant referral agencies; and,
WHEREAS, at the May 17, 2011 meeting of the Planning and Zoning
Commission, the Planning and Zoning Commission approved Resolution No. 11, Series of
2011, by a five to zero (5 — 0) vote approving 11 Growth Management allotments for the
development of affordable housing, approving the establishment of affordable housing
credits equal to 24.0 full time equivalents, and recommending approval of Subdivision to
City Council; and,
WHEREAS, the Community Development Department received referral
comments from the Aspen Consolidated Sanitation District, City Engineering, Building
Department, Transportation Department, Utilities Department, Fire Protection District,
Ordinance No. 21, Series of 2011
Page 1 of 9
Environmental Health and Parks Department as a result of the Development Review
Committee meeting; and,
WHEREAS, upon review of the application and the applicable code standards,
the Community Development Department recommended approval of Subdivision Review;
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 Title 26 of the Aspen Municipal
Code, the City Council hereby approves Subdivision of 518 West Main Street and all of
the necessary associated land use actions to construct an eleven (11) unit affordable
housing development with the conditions contained herein:
Section 2: Subdivision Agreement
The Applicant shall record a Subdivision agreement (hereinafter "Agreement') that meets
the requirements of the Land Use Code within 180 days of approval. The 180 days shall
commence upon the granting of a Certificate of Appropriateness by the Historic
Preservation Commission.
The Applicant shall condominiumize the units after substantial completion of the project.
The condominium plat(s) shall be reviewed administratively. The Agreement shall
require recordation of a condominium plat prior to issuance of a Certificate of Occupancy.
Section 3• Certificate of Appropriateness for Development of a Historic Landmark
The Applicant is required to receive a Certificate of Appropriateness for the Development
of a Historic Landmark prior to submission of a building permit.
Section 4: Building Permit Application
The building permit application shall include the following:
a. A copy of the final Ordinance and recorded P &Z and HPC Resolutions.
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.
Ordinance No. 21, Series of 2011
Page 2 of 9
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 and drainage report pursuant to the Building
Department's requirements and construction management plan (CMP). The CMP
shall describe mitigation for: parking, staging /encroachments, truck traffic, noise,
dust, and erosion/sediment pollution.
f A detailed excavation plan for review and approval by the City Engineer.
g. Accessibility and ADA requirements shall be addressed to satisfactorily meet adopted
building codes.
h. A formal site plan indicating the location of the tree protection.
A landscape plan proposing improvements for the Right of Way pursuant to Chapter
21.
Section 5: Engineering
Final design and analysis 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. A site drainage design and storm water runoff mitigation
measures shall be conceptually approved by the Engineering Department prior to Final
HPC approval. If the drainage design cannot meet city standards, the design may need to
be amended and may require review and approval by City Council and/or the Historic
Preservation Commission.
Due to the current condition of the sidewalk, curb and gutter abutting the property the
sidewalk, curb and gutter shall be replaced prior to granting of a Certificate of Occupancy
pursuant to city standards.
Section 6: Environmental Health
Prior to remodel or demolition, including removal of drywall, carpet, tile, etc., the state
must be notified and a person licensed by the state to do asbestos inspections must do an
inspection. If there is no asbestos, the demolition can proceed. If asbestos is present, a
licensed asbestos removal contractor must remove it.
Section 7: Parks
Tree permit The tree permit shall be submitted for approval prior to building permit
submittal. Said permit shall outline protection of existing trees, drip line excavations and
mitigation for any removals as referenced in Chapter 13.20 of the Aspen Municipal Code.
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. 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 pursuant to
Aspen Municipal Code Section 13.20.
Ordinance No. 21, Series of 2011
Page 3 of 9
Irrigation of trees is required throughout the entire length of the project. Any access
across or through the area of protection is prohibited at all times.
Protection for existing lilacs ilacs Tree protection is required for the existing Lilacs located
on the property. These protection measures shall meet the standards of the Parks
Department and goals of the Historical Preservation Committee to be approved by the
City Forester.
ROW Improvements Landscaping in the public right of way shall be subject to
landscaping in the ROW requirements, Chapter 21.20. There shall be no plantings within
the City ROW which are not approved first by the City Parks Department. Final plans
shall show compliance with these requirements by way of new street trees, irrigation and
sod, all of which is subject to approval by the City Forester.
Concurrent with changes to the alignment of the Main Street sidewalk, the exposed area
shall be re- vegetated and irrigated for a new parkway with sod. Coordination with the
Parks Department shall be required to protect roots during installation of the irrigation
system. An irrigation system shall be required the entire length of the ROW.
Section 8: Affordable Housin¢
1. The 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 and the
provisions of this Ordinance. Notwithstanding any provision to the contrary that
may be contained in the Aspen Municipal Code or the Aspen/Pitkin County Housing
Authority ( APCHA) Guidelines, all affordable housing units shall be sold to persons
or households that meet the Qualifications to Purchase Affordable Housing as set
forth in the APCHA Guidelines; and, who are selected through the Lottery Process
as described in the APCHA Guidelines.
2. Amendments to the affordable housing category shall be processed as follows:
a. Reducing the category level requires administrative review by the
Community Development Director.
b. Increasing the category level requires review by the City Council.
3. The deed - restriction shall be recorded prior to or at the time of recordation of the
Condominium Plat and prior to transfer.
4. The following is approved:
Table 2: Affordable Housing Unit details
Unit #
Bedrooms
Category
#
genn FTE erated
1
2
2
2.25
2
2
2
2.25
3
2
2
2.25
4
2
3
1 2.25
5
2
3
2.25
6
1
2
1.75
7
studio
2
1.25
8
2
2
2.25
Ordinance No. 21, Series of 2011
Page 4 of 9
9
2
2
2.25
10
2
2
2.25
11
3
2
3.00
Totals
21
8
24
Section 9: Certificates of Affordable Housin¢
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal
Code, the Planning and Zoning Commission approved the issuance of Certificates of
Affordable Housing Credits, such certificates to be granted subsequent to issuance of a
Certificate of Occupancy for the project. The Applicant understands that the City may
adopt regulations in the future requiring that Certificates of Affordable Housing be
recorded with the Pitkin County Clerk and Recorders Office so that their ownership can
be properly tracked. Applicant shall comply with all such regulations that are adopted by
the City and in effect at the time that Certificates of Affordable Housing are issued to the
Applicant.
m.. u.. 2 —f Aff rdo6 Am.cino
^~ Unit Type
Employee Housed
Number of Units
Certificates of
Affordable Housin
studio
1.25
1
1.25
One bedroom
1.75
1
1.75
Two bedroom
2.25
8
18
Three bedroom
3.00
1
3
Total
24
Section 10: Aspen Consolidated Sanitation District
Service is contingent upon compliance with the District's rules, regulations, and
specifications, which are on file at the District office. Soil Nails are not allowed in the
public ROW above ACSD main sewer lines and within 3 feet vertically below an ACSD
main sewer line. The old service lines must be excavated and abandoned at the main
sanitary sewer line according to specific ACSD requirements, before any and all soil
stabilization measures are attempted and prior to ACSD releasing any and all permits. A
separate ACSD permit is required.
Section 11: Fire Department
All structures, regardless of size, shall have installed approved life safety systems (i.e.
fire sprinklers and fire alarms), and meet adopted city standards.
Section 12: Utilities Department Requirements
The Applicant shall comply with the City of Aspen Water System Standards and with
Title 25 of the Aspen Municipal Code, as required by the City of Aspen Water
Department.
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 for the
excavation/stabilization permit. The City of Aspen Community Development
Ordinance No. 21, Series of 2011
Page 5 of 9
Department shall calculate the amount due using the calculation methodology and fee
schedule in effect at the time of Building Permit submittal.
Section 14: Impact Fees
Pursuant to Land Use Code Section 26.610, Impact Fees, the Applicant shall pay a Parks
Development impact fee and Transportation Demand Management (TDM) /Air Quality
impact fee assessed at the time of Building Permit application submittal and paid at
Building Permit issuance for the excavation/stabilization permit. The amount shall be
calculated using the methodology and fee schedule in effect at the time of Building
Permit submittal.
Section 15: 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 16: Financial Assurances - Performance Bond
(a) The Applicant commits and agrees that before a Building Permit is issued
for excavation/stabilization the 518 West Main Street 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 518 West Main Street 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 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.
Section 17: Site Protection Fund
The Applicant hereby commits and agrees that before a Building Permit is issued for the
development approved by this Ordinance (the `Project'), the Applicant shall deposit with
an "Escrow Agent" the sum of $100,000 in the form of cash or wired funds (the "Escrow
Ordinance No. 21, Series of 2011
Page 6 of 9
Funds ") and will execute an Escrow Agreement and Instructions with the Escrow Agent
which recites and agrees as follows:
In the event construction work on the Project shall cease for sixty (60) days or longer
(`work stoppage') 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 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 named a third party beneficiary of the Escrow Agreement with the
express right and authority to enforce the same from time to time.
Section 18: Public Improvements
A Certificate of Occupancy or a Conditional Certificate of Occupancy shall not be issued
for the project until all public improvements have been completed.
The public improvements shall include, but are not necessarily limited to, the sidewalk
improvements set forth at §6 an §8 herein, compliance with the parks plans referenced in
§8 herein, the sanitation district requirements set forth at § 11 herein, the school land
dedication requirement set forth at § 14 herein, and the transportation impact fees set
forth at § 15 herein.
Section 19: Vested Rights
The development approvals granted herein are conditioned on the issuance of a
Certificate of Appropriateness from the Historic Preservation Commission.
The development approvals granted herein shall constitute a site - specific development plan
and a vested property right attaching to and running with the Subject Property and shall
confer upon the Applicant the right to undertake and complete the site specific development
plan and use of said property under the terms and conditions of the site specific development
plan including any approved amendments thereto. The vesting period of these vested
property rights shall be for three (3) years which shall not begin to run until the date of the
publications required to be made as set forth below. However, any failure to abide by any
of the terms and conditions attendant to this approval shall result in the forfeiture of said
vested property rights. Unless otherwise exempted or extended, failure to properly record
all plats and agreements required to be recorded, as specified herein, within 180 days of
the effective date of the development order shall also result in the forfeiture of said vested
property rights and shall render the development order void within the meaning of
Section 26.104.050, Void Permits. Zoning that is not part of the approved site - specific
development plan shall not result in the creation of a vested property right.
Ordinance No. 21, Series of 2011
Page 7 of 9
No later than fourteen (14) days following final approval of 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 Chapter
26.308, Vested Property Rights. Pursuant to Section 26.304.070(A), Development Orders,
such notice shall be substantially in the following form:
Notice is hereby given to the general public of the approval of a site specific
development plan, and the creation of a vested property right, valid for a
period of three (3) years, 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: 518 West Main Street with a legal description
of Lots P, Q and 'h of O, Block 30, City and Townsite of Aspen Colorado,
by Ordinance of the City Council of the City of Aspen.
Nothing in this approval shall exempt the Development Order from subsequent reviews
and approvals required by this Ordinance of the general rules, regulations and ordinances
or the City of Aspen provided that such reviews and approvals are not inconsistent with
this Ordinance.
The vested rights granted hereby shall be subject to all rights of referendum and judicial
review. The period of time permitted by law to exercise the right of referendum to refer
to the electorate this Section of this Ordinance granting vested rights; or, to seek judicial
review of the grant of vested rights shall not begin to run until the date of publication of
the notice of final development approval as set forth above. The rights of referendum
described herein shall be no greater than those set forth in the Colorado Constitution and
the Aspen Home Rule Charter.
Section 20•
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 Historic Preservation Commission, 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 21:
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 22:
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.
Ordinance No. 21, Series of 2011
Page 8 of 9
Section 23:
A public hearing on this ordinance shall be held on the 25 day of July, 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 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 27th day of June, 2011.
8 -71--2
ichael reland, Mayor
ATTEST:
Kathryn S. och, Cify Clerk
FINALLY, adopted, passed and approved this 8 day of August, 2011.
8 -/7 -Zd11
Michael Ireland, Mayor
ATTEST:
Kathryn S. K City elerk
APPROVED AS TO FORM:
n orcester, City Attorney
Ordinance No. 21, Series of 2011
Page 9 of 9
Tue, Jun 28, 2011
6703607
Acct: 1013028
Phone (970)920 -5064
E-Mail ANGELA SCOREY
Client:
Caller Kathryn Koch
- Receipt
Ad Name: 6703607A
Editions: 8ATI /8ATW/
Start: 07/03/11
Color:
Copyline: atw Ordinance #21
17:24:58
Orj 50 o ) c )/
Ad Ticket #5
Name Aspen (LEGALS) City of
Address 130 S Galena St
Lines:
20
Depth:
1.68
Columns:
1
Discount:
0.00
Commission:
0.00
Net:
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Tax:
0.00
Total
10.12
Payment
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C Aspen
State: CO Zip: 81611
Original Id: 6703462
Class: 0990
Stop: 07/03/11
Issue 1
Rep AT Legals
LEGAL NOTICE
ORDINANCE #21, 2011, PUBLIC HEARING
Ordinance #21, Series of 2011, was adopted on
first reading at the City Council meeting June 27,
2011. This ordinance, if adopted, will approve a
subdivision at 518 West Main Street to develop
affordable housing. The public hearing on this
ordinance is scheduled for July 25, 2011 at 5 PM,
City hall, 130 South Galena.
To see the entire text, go to the city's legal notice
website
hW- -Itwww asaeaQ tkin comtDenartmenrslr�/erkl
Legal- Noticest
If you would like a copy FAXed or e- mailed to you,
call the city clerk's office, 429 -2686.
Published in the Aspen Times Weekly on July 3,
2011. [6703462)
Ad shown is not actual print size
6703607
PROOF OF PUBLICATION
TO AVIN TIC
STATE OF COLORADO, COUNTY OF PITKIN
I, Jenna Weatherred, do solemnly swear that I am a Publisher of the ASPEN
TIMES WEEKLY, that the same weekly newspaper printed, in whole or in
part and published in the County of Pitkin, State of Colorado, and has a
general circulation therein; that said newspaper has been published
continuously and uninterruptedly in said County of Pitkin for a period of
more than fifty -two consecutive weeks next prior to the first publication of
the annexed legal notice or advertisement.
That the annexed legal notice or advertisement was published in the regular
and entire issue of every number of said dally newspaper for the period of 1
consecutive insertions; and that the first publication of said notice was in the
issue of said newspaper dated 7/3/2011 and that the last publication of said
notice was in the issue of said newspaper dated 7/3/2011.
In witness whereof, I have here unto set my hand this 17` day of August, 2011.
Jenna Weatherred, Publisher
Subscribed and sworn to before me, a notary public in and for the County of
Garfield, State of Colorado this 17 day of August, 2011..
'o
Mary E. Borkenhagen, Notary Public
My Commission expires: August 27, 2011
4
Aspen (L' I_S) City of
LEGAL NOTICE
ORDINANCE 1121, 2011, POBIJC HERRING
htlmance 1121, Sens 012011, was atloptetl on
first reatling the Clry Council meeting June 27,
!011. This . inance, H etlopost, will approve a
wthdivision at 518 West Main Street to develop
rHOrtlaDle housing. The public hearing on this
mh ance is schetlule0 for July 25, 2011 at 5 PM.
;Hy hell, lag South Galena.
To was the entire text, go to the drys legal notice
webs8e
an, oilk' lDe rt tslG kl
Le 1- NOttc.1
!, '0` woultl like a copy FAXetl or a -mmletl to you,
:ell the city clerks office, 42 9-2886.
'ublishetl in the Aspen Times Weekly on July 3,
!011, [67084821