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HomeMy WebLinkAboutordinance.council.024-98 ORDINANCE N0. 24 (SERIES OF 1993) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING REZONING FROM PITKIN COUNTY ZONE DISTRICT "MODERATE DENSITY RESIDENTIAL" CR-15) TO CITY OF ASPEN ZONE DISTRICT "AFFORDABLE HOUSING-PLANNED UNIT DEVELOPMENT" (AHI-PUD); CONCEPTUAL AND FINAL PLANNED UNIT DEVELOPMENT APPROVAL, SUBDIVISION APPROVAL, AN EXEMPTION FROM THE GROWTH MANAGEMENT COMPETITION AND SCORING PROCEDURES, APPROVAL OF THE METHOD IN WHICH AFFORDABLE HOUSING IS TO BE PROVIDED, AND WAIVER OF THE LAND USE APPLICATION, ZONING, AND PARK DEVELOPMENT IMPACT FEES FOR THE "SNYDER PARK" AFFORDABLE HOUSING AND NEIGHBORHOOD PARK PROJECT, 210 MIDLAND AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO WHEREAS, The AspenfPitkin County Housing Authority, represented by David Tolen, Director, (Applicant) submitted an application (development proposal) to the Planning Office to develop fifteen (15) affordable dwelling units on a 3.3 acre parcel at 210 Midland Avenue, known as the "Snyder Parcel;" and, WHEREAS, the applicant has requested a rezoning of the parcel from Pitkin County Moderate Density Residential Zone District (R-15) to Affordable Housing-Planned Unit Development (AH1 oPUD) in conjunction with an application for Annexation, Conceptual and Final Planned Unit Development approval, Subdivision apprgval, Special Review approval to establish the parking requirements, waivers from the "Residential Design Standards", an exemption from the competition and scoring procedures of the Growth Management Quota System, approval of the method in which the affordable housing is to be provided, and waiver of land use, zoning, and park development impact fees; and WHEREAS, the Planning Department reviewed the development proposal in accordance with all applicable procedure and review criteria set forth in Sections 26.28, 26.32, 26.44, 26.52, 26.56, 26.58, 26.64, 26.84, 26.88, 26.92, and 26.100 of the Municipal Code; and, WItEREAS, the Growth Management Commission conducted a public hearing on June 30, 1998, in accordance with Section 26.52 of the Municipal Code, reviewed and considered the development proposal in accordance with those procedures set forth in Sections 26.52 and 26.100 Ordinance No. 24, Series 1998 Page 1 of the Municipal Code, and recommended approval for an exemption from the Growth Management QuOta System and approval of the method in which affordable housing is being provided; and WttEREAS, the Planning and Zoning Commission conducted a public hearing on June 30, 1998, in accordance with Section 26.52 of the Municipal Code, reviewed the development proposal in accordance with all applicable procedures and review criteria set forth in Sections 26.28, 26.32, 26.52, 26.58, 26.64, 26.84, 26.88, and 26.92 of the Municipal Code, denied, the Special Review to establish the parking requirements, denied the request to waive provisions of the "Residential Design Stm~dards," and recommended Council deny the Amendment to the Official Zone District Map, Conceptual and Final Planned Unit Development, and Subdivision; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified in Sections 26.28, 26.32, 26.44, 26.52, 26.58, 26.64, 26.84, 26.88, 26.92, and 26.100 of the Municipal Code, has reviewed and considered those recommendations and denials by the Growth Management CommiSsion, the Planning and Zoning Commission, and the Housing Authority, and has taken and considered public comment at a public hearing; and, : WItEREAS, the Council found that a full four step PUD review process would be redundant and serve no public purpose and a two step consolidated PUD review process would be more appropriate; and, WItEREAS, 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 WItEREAS, the City Council finds that this Ordinance furthers and is necessary for public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY TIlE CITY COUNCIL OF TIlE CITY OF ASPEN, COLORADO as follows: Ordinance No. 24, Series 1998 Page 2 Section ]: That it does hereby grant an amendment to the Official Zone District Map for the subject parcel, as described on the final plat, fi'om Pitkin County Zone District "Moderate Density Residential" (R- 15) to "Affordable Homing -Planned Unit Development" (AH1-PUD). Section 2: The Official Zone District Map for this City of Aspen, Colorado, shall be and is hereby amended to reflect the amendment as set forth in Section 1 above. Section 3: Pursuant to Section 26.84.030 of the Municipal Code, City Council finds that a four step review process would be redundant and serve no public purpose and approves a consolidated two step PUD review process. Section 4: Pursuant to Sections 26.28, 26.44, 26.52, 26.84, 26.88, 26.92, and 26.~00, and subject to those conditions of approval as specified hereinafter, the City Council hereby grants approval for an amendment to the Official Zone District Map, Planned Unit Development approval, Subdivision approval, exemption from the Growth Management Quota System scoring and competition procedure for affordable housing, approval of the method of providing affordable housing, and waiver of the land use and park development impact fees for "Snyder Park", with the following conditions: · 1. Recommendations made by the Planning and Zoning Commission and the Growth Management Commission are subject to annexation of the property into the City of Aspen. Failure to complete annexation shall render these recommendations void. 2. The Final PUD / Subdivision plat shall include all necessary plat requirements of the City Engineer including site plans, Fading plans, architectural plans and elevations, and a landscape plan. In addition, the plat shall show each parcel created, a permanent access easement across the park parcel to the housing pamel along the access drive, a permanent access easement across the park parcel for the ADA accessible trail from the proposed parking area to the housing courtyard, a permanent Ordinance No. 24, Series 1998 Page 3 easement for the proposed bus shelter. Adequate snow storage areas shall be delineated on the final plat. All utility easements shall be shown, an easement shall be granted to the City Parks Department for maintenance of the proposed Ditch along the east and noah property boundaries. The plat shall delineate the required monuments for each corner of each parcel and range point(s), and shall show an approved street name for the proposed access drive. 3. Prior to issuance of a building permit, the final plat shall be approved and recorded and the applicant shall record a Subdivision/PUD agreement binding the property to this development order. The agreement shall be approved by the City Attorney prior to recordation. 4. TheSubdivisi~n/PUDagreementsha~~describemaintenance~ftheh~usingpar~e~~sc~mm~nareas~ maintenance of the access way on both parcels, and a 2 year guarantee on landscape improvements for the housing parcel, including trees, starting on the issuance day of the last Certificate of Occupancy for a housing unit. 5. Prior to issuance of a building permit, all utility construction plans shall be approved by the City Engineer of the appropriate utility agency. The applicant is responsible for necessary utility upgrades related to the development, including City Water and sanitary sewer service. The applicant shall coordinate utility upgrades, when appropriate, with surrounding development. Landscape improvements within utility easements shall be approved by the respective utility agency. 6. Prior to issuance of a building permit, the Fire Marshall shall approve the development plans. The structures shall be sprinkled. 7. Prior to issuance of a building permit, the City Engineer shall approve the applicant' s Drainage Plan which shall be prepared based on a 2 year event cycle, and include lining the ponds to prevent seepage to Midland Avenue, and accepting historical drainage from Midland Avenue. The plan shall ensure no sediment loaded drainage will be leaving the property during and after construction and that mud will not be tracked onto City Streets during construction. 8. Construction vehicles, including personal vehicles, and material may only be stored on the subject property and may not encroach on City Streets. 9. Pri~rt~issuance~fabui~dingpermit~theEnvironmenta~Hea~thDeparnnentsha~appr~vethe applicant's Dust Control plan and Air Quality Mitigation Plan. All Air quality mitigation measure shall be installed prior to issuance of a Certificate of Occupancy. 10. Prior to issuance of a building permit, the applicant shall pay the applicable school land dedication fees for each unit. The fee is $327 for each one-bedroom unit and $4,447 for each three bedroom unit. $29,625 total. I 1. The applicant shall coordinate construction activities for improvement to Midland Avenue with the City Engineer. Prior to issuance of a Certificate of Occupancy, the applicant shall install a pedestrian path along the property to the intersection of Highway 82, and shall repair with a full width patch the disrupted portions of Midland Avenue. In order to minimize the disruption to Midland Avenue, The City Engineer shall coordinate speed hump improvements along Midland with the applicant's development schedule. 12. The applicant shall install a stop sign at the access way exit and the necessary street lights required by the City Engineer. Placement and standards for these improvements shall be approved by the City Engineer. Ordinance No. 24, Series 1998 Page 4 13. The applicant shall post the 4 "park" parking spaces as two hour parking. The condominium documents or homeowners association documents shall state the nature of this parking as available for temporary or guest parking but not for the purpose of long-term parking. 14. The applicant shall specify cotton-less varieties of Cottonwood trees for construction drawings. 15. All site lighting shall be downcast and lighting shall not be used to accentuate landscape or architectural elements. The Parks Department is encouraged to provide lighting bollards along the proposed trail parallel to Midland Avenue at either side of the access way, at the northern intersection of the trail with midland Avenue, one at the "T" intersection near the south~western property boundary, and one near the proposed steps to the upper bench grass area. 16. The dimensional requirements for the parcel are as follows: Minimum distance between buildings As represented on Final Plat Maximum height (including viewplanes) As represented proposed elevations and recorded with Final Plat Minimum front yard As represented on Final Plat. Minimum rear yard As represented on Final Plat. Minimum side yard As represented on Final Plat. Minimum lot width No requirement. Minimum lot area As represented on Final Plat. Trash access area Minimum 10' wide, unobstructed. Internal floor area ratio Allowable Floor Area -- 21,500 square feet. Minimum percent open space. ' As represented on Final Plat. 17. Prior to issuance of a building permit, the applicant shall complete and record an agreement to join any future improvement districts for the purpose of constructing public right-of~way improvements. This requirement may be waived of the improvements are proposed as part of the development. 18. Prior to issuance of a building permit, the applicant shall submit GIS data including property lines, building footprints, easements, and encroachments. 19. All utility meters and any new utility pedestals or transformers must be installed on the applicant's property and not in any public right-of-way. Easements must be provided for pedestals. All utility locations and easements must be delineated on the Final Plat. Meter locations must be accessible for reading and may not be obstructed. 20. The applicant must receive approval for any work within public rights-of-way from the appropriate City Department. This includes, but is not limited to, approval for mailboxes and landscaping from the City Streets Department. 21. The applicant should be aware of the City's noise ordinance prohibiting construction between 10 p.m. and 7 a.m. The applicant shall observe concerns of neighbors by ceasing outdoor mechanical activity past 7 p.m. each night. 22. The applicant shall record the Planning and Zoning Resolution and the Growth Management Commission Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plea Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolution. Ordinance No. 24, Series 1998 Page 5 23. The pedestrian path proposed to provide handicapped access tO the upper courtyard from the south end of the parking area shall be designed to accommodate limited automobile access from the parking area to the intersection of the courtyard loop path. 24. The applicant shall not be responsible for any Land Use Application fees, Water Tap, or Park Development Impact fees associated with this development. 25. Residential Design Standards for Building Orientation and Garage Placement for the housing portion of this development are hereby waived. Any substantial changes to the housing development as proposed which affect the elements being granted a waiver, or which require an additional waiver, shall only be appmved by the Design Review Appeal Committee (DRAG). 26. The parking requirements are established at 21 and 4 spaces respectively for the housing and park parcel of this development. The 4 parking spaces for the park development shall be signed for two hour (maximum) parking and the homeowner's documents for the housing development shall state that the 4 spaces may be used for temporary or guest parking, but not for long term parking. 27. The City Council hereby grants an exemption from the scoring and competition procedures of the growth management quota system for fifteen (15) affordable housing units and deducts these units from the annual pool of development allotments. 28. The project shall consist of fifteen (l 5) affordable housing units deed restricted to Category sale prices and restrictions and shall be available through the Housing Authority Lottery System. The one bedroom units shall be Category 3, or lower, the three-bedroom units shall be Category 4, or lower. This is the "method" approved by City Council. Section 5: All material representations and commitments made by the developer pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Growth Management Commission, Planning and Zoning Commission, and 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 other specific conditions. Section 6: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Ordinance No. 24, Series 1998 Page 6 Section Jt 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. Section 8: That 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 9: A public hearing on the Ordinance shall be held on the 271h day of July, ~998 at 5:00 in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. Ordinance No. 24, Series 1998 Page 7 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 13th day of July, 1998. Approved as to form: Approved as to content: City Attorney John Bennett, Mayor FINALLY, adopted, passed and approved this/~ d2;;~; Approved as to form: ent: City Attorney John Bennett, Mayor Attest: ~ Kathryn S. ~ty Clerk Ordinance No. 24, Series 1998 Page 8