HomeMy WebLinkAboutordinance.council.028-01 ORDINANCE NO. 28, (SERIES OF 2001)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A PROJECT
PRESENTED BY THE ASPENXLPS CONDOMINIUMXSSOCIX~TiO~ F~ X
CONSOLIDATED PLANNED UNIT OEVELOPMENTi REZONING}
SUBDIVISION AMENDMENT} AND GROWTH MANAGEMENT QUOTA
SYSTEM EXEMPTION FOR LOT2B OF MOSES EOT SPLIT ~D A
REZONING OF THE LANDS' WHICH INCLUDE LOT ~ THg ~00~ ~00~ AND
700 BUILDINGS OF THE ASPEN ALPS, AND SURROUNDING LANDS OWNEB
BY THE ASPEN ALPS CONDOMINIUM ASSOCIATIONCWHICH X~
CURRENTLY ZONED EITHER R-i5 PUD OR CONSERVATION TO LODGE /
TOURIST RESIDENTIAL PUD (L/TR PUD)TYIEXSPEN XLPS
CONDOMINIUMS, CITY OF ASPEN, PITKIN COUNTY, COLO~DO2
Parcel ID: 2 73 7-182-56-004
WHEREAS, the Community Development Department received an application
from the Aspen Alps Condominium Association (Applicant), represented by Alan
Richman, requesting land use approvals for a consolidated planned unit development,
rezoning, subdivision amendment, and growth management quota system exemption for
the construction of 3 employee-housing units and a two level sub-grade parking garage.
The property on which the construction is proposed to occur is described as Lot 2B of the
Moses Lot Split, City of Aspen, Pitkin County, Colorado of the Aspen Alps
Condonfiniums; and,
WHEREAS, the Community Development Department received referral
comments from the Aspen Consolidated Waste District, City Engineering, Building, Fire,
Streets, Housing, Envirotunental Health, Parks, and Water Departments; and,
WHEREAS, upon review of the application, referral comments, and the
applicable Land Use Code standards, the Community Development Department
recommended approval for the proposed land use requests for Lot 2B of the Moses Lot
Split including a consolidated Plmmed unit development, subdivision amendment,
rezoning for the lands which include Lot 2B, the 300, 400, and 700 buildings of the
Aspen Alps, and surrounding lands owned by the Aspen Alps Condominium Association,
which are currently zoned either R-15 PUD oi ConservatiOn to Lodge / Tourist
Residential PUD (L/TR/PUD)from R-15 PUD to L/TR PUD, and GMQS Exemption; and
WHEREAS, the City of Aspen / Pitkin County Housing Authority forwarded a
recommendation of approval, by an m~animous vote of six to zero (6 - 0), to the Planning
and Zoning Commission to approve the proposed three affordable housing units for the
employees of the Aspen Alps Condominium Association; and
WHEREAS, the city of Aspen planning and Zoning Commission forwarded a
recommendation of approval, by an unanimous vote of five to zero (5 - 0), to the City
Council to approve the consolidated planned unit development, subdivision amendment,
rezoning for the lands which include Lot 2B, the 300, 400, and 700 buildings of the
Aspen Alps, and surrounding lands owned by the Aspen Alps Condominium Association,
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SILVIA DAVIS PITKIN COUNTY CO R 35
which are currently zoned either R-15 PUD or Conservation to Lodge / Tourist
Residential PUD (L/TR/PUD)from R-15 PUD to L/TR PUD, and GMQS Exemption; 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 recon'unendation of the City of Aspen / Pitkin County Housing
Authority, the Aspen Planning and Zoning Commission, the Community Developmant
Director, the applicable referral agencies, and has taken and considered public comment at a
duly noticed public hearing on August 2712001; and,
WHEREAS, the Aspen City Council acknowledged Ordinance 31, Series 1992,
which placed certain conditions on the future development of Lot 2B including:
a. The floor area, bedroom and density attributed to Lots 2A and 2B shall not
be utilized by the Aspen Alps Condominium Unit Owners for purposes of
increasing the floor area, bedroom number or density of existing or fitture
Aspen Alps Condominium Units;
b. No further development or additional lot area for floor area, bedrooms and
additional density or major new recreational facilities such as tennis courts
and swimming pools shall occur on said ]Lots 2A and 2B.
And after reviewing the proposal for the addition of three Affordable Housing units on
Lot 2B, as part of this development, is in the best interests of the City of Aspen to modify
Ordinance 31, Series 1992 regarding the addition of the three Affordable Housing units
on specifically on Lot 2B; and,
WltEREAS, Ordinance 28, Series 2001 shall effectively modify Ordinance 31,
Series 1992, which placed certain conditions on the future development of Lots 2A and 2B
and shall only apply to Lot 2B; and,
WHEREAS, the City of Aspen City Council finds that the development proposal
meets or exceeds all applicable development standards and that the approval of the
development proposal, w/th conditions, is consistent with the goals and elements of the
Aspen Area Community Plan; and,
WHEREAS, the Aspen City Council, by a vote of five to zero (5 - 0), hereby
approves a consolidated planned unit development, rezoning for the lands which include
Lot 2B, the 300, 400, and 700 buildings of the Aspen Alps, and surrounding lands owned
by the Aspen Alps Condominium Association to L/TR PUD, the subdivision amendment,
and growth management quota system exemptions for the construction of 3 employee-
housing units and a two level sub-grade parking garage on Lot 2B of the Moses Lot Split,
· City of Aspen; and,
WHEREAS, the City of Aspen City Council finds that this Resolution furthers and
is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE ASPEN CITY COUNCIL AS
FOLLOWS:
Section 1
Pursuant ro the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the request for a consolidated planned unit development, rezon/ng, subdivision amendment,
and growth management quota system exemption, are approved for the construction of 3
employee-housing units and a two level sub-grade parking garage located on Lot 2B; the
300, 400. and 700 buildings of the Aspen Alps, and surrounding lands owned by the Aspen
Alps Condominium Association, which are currently zoned either R-15 PUD or
Conservation to Lodge Tourist Residential are hereby mzoned m L/TR PUD. City of
Aspen with the following conditions:
1) That the Applicant shall provide full accessibility to the tennis courts located on
top of the garage and that all bathrooms and office and laundry rooms require full
accessibility as required by the City of Aspen Building Department;
2) That the Applicant shall designate specific parking spaces in the garage for the
deed-restricted affordable housing units;
3) That the Applicant shall submit the following plans to the Engineering
Department for approval prior to application for building permit:
)~ Construction Traffic Maintenance Plan
)~ Construction Erosion Control Plan
)~ Drainage and Dewatering Mitigation Plan
> Noise and Dust Control Plan
)~ Soils report
~ Full set of construction plans
4) That the Applicant shall, prior to excavation, conduct two bores on the Southeast
and Southwest comers of the proposed parking garage to determine the level of
groundwater. If groundwater is encountered within the proposed excavation, a
plan detailing how it will be diverted to the nearby mine drainage ditch is to be
submitted to the City of Aspen Water DePartment for approval;
5) The Applicant shall agree that if seasonal water, groundwater, or dampness is
encountered during excavation, the applicant will need to employ extra measures
to make sure the proposed affordable housing units do not have mold or mildew
problems. The Applicant shall agree to consult an engineer if this is the case;
6) That the Applicant shall conform to the approved dimensional requirement s for
Lot 2B as stated in Table 1 below:
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_SILVIR._ D~4V~$ PlTKIN COUNTY CO R 35.00 O e.oe
Table I. Dimensional Requirements Comparison
(units measured in feet or square feet)
6,000 35,327 35,327
1 bedroom / 1,000 sq. N/A 5 proposed bedrooms
ft. on 35,327 ft.
60 feet 197 feet 197 feet
10 feet 12 feet 12 feet
15 (west side) 15 (west side)
5 feet
20 feet (east side) 20 feet (east side
10 feet 10 feet 10 feet
28 feet N/A N/A
10 feet N/A N/A
25% 17.5% 17.5%
1:1 N/A 0.20:1 (7,065 sq. ft.)
2 spaces per two 5 Spaces in the garage
bedroom unit; 1 space N/A will be devoted to the
unit three units
7) That the Applicant shall be required by the City of Aspen Environmental Health
Department to have the Aspen Alps management notify its contractors about City
ordinances prohibiting vehicle idling for more than five minutes, and not starting
construction work before 7 am;
8) That the Applicant shall be required to submit a Fugitive Dust Control Plan to the
Environmental Health Department prior to the application of building Permits. In
addition, the Applicant is aware that there are no special regulations pertaining to
movement of mine tailings in any area of the County or City of Aspen except
those within the Smuggler Mountain Superfund Site boundary. However, these
soils may contain more lead or other heavy metals than other dirt in the area, and
nearby neighbors have already expressed concern to the applicants. Therefore, the
Applicant shall require their contractor to keep all mine-related soils damp at all
times as a dust suppression measure to prohibit the release of particulates into the
air. The Applicant Shall contact the Pitkin County Solid Waste Center to
determine whether these soils can be taken to the landfill. If not, the Applicant
shall contact this office before moving soils off the site. The Applicant shall
consult with the Environmental Health Department once they have soils test
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o2/o8/2ee2 ~.1
results. Finally, the Applicant shall maintain constant dialogue with the
Environmental Health Department and include them as a monitor during the
excavation of the soils for the project.
9) That the Applicant shall be aware that the Director of the Environmental Health
Department my require any person undertaking to conduct activity or
development within the site to test any soil or material to establish it's total lead
(Pb) content. All testing shall utilize and adhere to pmt0cols established or
approved by the United States Environmental Protection Agency (pursuant to
Ordinance 25, Series 1994).
10)That the Applicant agree~ to provide the Aspen Parks Department with an
excavation plan that indicates how the proposed excavation will take place for the
project;
11) That the Applicant shall provide the City Parks Department with an excavation
and landscaping plan for their approval prior to the application of building
permits that includes protection techniques to be employed in the areas marked
"trees to be saved if possible" on the current landscape plan. If the spruce trees on
the adjacent property directly to the south (along the fence) that are not marked on
the site plan are damaged during excavation, the Applicant agrees to replace all
the trees damaged at the Applicant's expense;
12) That the Applicant shall file an appropriate deed restriction agreed to by the City
of Aspen Attorney with the City of Aspen / Pitkin County Housing Authority
prior to the issuance of building permits and the Applicant shall conduct a site
visit and tour of the three employee units with the City of Aspen / Pitkin County
Housing Authority Staff prior to the Certification of Occupancy;
13) That the Applicant shall draft a modified subdivision agreement that shall include
the decision by City Council to amend the current restrictions associated with Lot
2B of the Moses Lot Split and the subject of this application and present it to the
City of Aspen Attorney for approval and shall have this docmnent recorded with
the Pitkin County Clerk and recorders office;
14) That the Applicant understands that the existing restrictions on Lots 2A and 2B
continue after the rezoning occurs. The Applicant agrees'the deed restrictions will
not be dissolved by the rezoning;
15) That the Applicant amends the plan to provide better access from the employee
units to the parking spaces in the garage. Specifically, the Applicant shall add a
garage access door from the walk around patio in front of the employee units to
the top level of the garage where space 41 is currently proposed. Parking spaces
for the employee units shall be required to be dedicated as close to that access
door as possible;
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SlLVlA DRVI$ PITKIN COUNTY CO R 35.00 D 0.00
16) That the Applicant utilize a color treatment such as earth tones for the employee
units so that they are effectively blended into the hillside;
17) That the Applicant shall not operate a dry cleaning service in the laundry facility
proposed in the sub-grade garage;
18) That no night time lighting be installed for the tennis courts located above the
sub-grade garage;
19) That the Applicant agrees that only Aspen Alps associated vehicles be permitted
to use the garage. Specifically, those would be vehicles of the unit owners,
visitors, employee unit residents, for maintenance and Laundry, and Aspen Alps
fleet vehicles; and
20) That the Applicant has agreed to begin and conduct the excavation for the project
only between October 1 and May 30 of the year(s) of construction of the project;
21)That the Applicant agrees to file for recordation a Final Plat / Plan PUD /
Subdivision Improvement Agreement to the Pitkin County Clerk and Recorder's
Office within 180 days of approval by the City Council indicating all current
improvements and conditions of approval for the entire Aspen Alps property as
described herein;
22) The Applicant shall convey an undivided fractional interest (one tenth of 0.01%}
in the ownership of deed restricted affordable housing units to the Aspen/Pitkin
County Housing Authority for the purposes of complying with the mcem
Colorado Supreme Court Decision regarding rent control legislation. The
Applicant may submit an alternative option to satisfy the rent control ~ssue
acceptable to the City Attorney.
23)The Applicant shall indemnify and hold harmless the Aspen/Pitkin County
Housing Authority and City of Aspen from any claims, liability, fees or similar
charges related to ownership of the deed restricted affordable housing units.
Section 2:
The Official Zone District Map of the City of Aspen shall be, and is hereby amended by the
Community Development Director to reflect rezoning of the lands which include Lot 2B.
the 300, 400, and 700 buildings of the Aspen Alps, and surrounding lands owned by the
Aspen Alps Condominium Association. which are currently zoned either R-15 PUD or
Conservation to Lodge / Tourist Residential PUD (L/TR/PUD).
Section 3:
All material representations and commitments made by the applicant pursuant to this
application, whether in public hearings or documentation presented before the Historic
Preservation Commission, Planning and Zoning Commission, or City Council, are hereby
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SILVIA DAVIS PITKIN COUNTY CO ~ 35,00 D 0.00
incorporated in such plan approvals and the same shall be complied with as if fully set forth
herein, unless amended by an authorized entity.
Section 4:
This Ordinance shall not effect any existing htigation 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 5:
If any section, subsection, sentence, Clause, phrase, or portion Of this ordinance is for any
roason 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 ~ ORDERED PUBLISHED ~ provided b~ iaw~ by the City
.... ~gii~'cjl of,the City of Aspen on this 23d day of July, 2001.
Attest: '-
~.:../~t/hry.n.~. ~>qh, City Clerk I~led~I~lin ~Jal~d~; Ma'y~r ~''
: ~ :~.~.~,,,,,,o...eh, City Clerkt
"~ ~).p~ir, av' :~as to form:
{tq:fli~or~es~o~ C~t~ Attorney
SILVIA DAVIS PITKIN COUNTY CO R 35,00 D ~.00 ~