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HomeMy WebLinkAboutordinance.council.020-00 ORDINANCE NO. 20 (SERrES OF 2000) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE BOOMERANG LODGE MINOR PLANNED UNIT DEVELOPMENT, REZONING TO R-15, MODERATE DENSITY RESIDENTIAL; WITH PLANNED UNIT DEVELOPMENT AND LODGE P~SERV~Ti0N 0V~RLAY Z0~ DISTRICTs, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-124-66-00l WHEREAS, the Community Development Department received an application from Charles and Fonda Patterson, owners, represented by Sunny Vann of Vann Associates, LLC, and Haas Land Planning, LLC, for Conditional Use approval for affordable housing, Growth Management Quota System (GMQS) Exemptions for lodge preservation and affordable housing~ a Minor Planned Unit Development (PUD), ReZoning to Moderate Density Residential, R-15, with Planned Unit Development and Lodge PreServation Overlay Zone Districts for a property consisting of portions of Lots A-I, Block 32, CitY and Townsite of Aspen; and, WHEREAS, the subject property is approximately 19,287 square feet, and is located in the R-15 Zone District; and, WHEREAS, pursuant to Sections 26.310 of the Land Use Code, the City Council may approve Amendments to the Official Zone District Map, during a duly noticed public hearing after taking and considering comments from the general public, and recommendations from the Planning and Zoning Commission, Community Development Director, and relevant referral agencies; and, WHEREAS, pursuant to Section 26.445, the City Council may approve a Plarmed Unit Development, during a duly noticed public hearing after taking and considering comments from the general public, and recommendations from the Planning and Zoning Commission, Community Development Director, and relevant referral agencies; and, WHEREAS, the Community Development Director recommended approval of the Minor PUD, finding that the site design better addresses on-site parking and neighborhood compatibilitY; and, WHEREAS, during a duly noticed public hearing on June 6, 2000, the Planning and Zoning Commission approved Resolution No. 29, Series of 2000, by a five to zero (5-0) vote, approving a conditional use for affordable housing and GMQS Exemptions for lodge preservation and affordable housing, and recommending City Council approve the Boomerang Lodge Minor PUD and Rezoning to R-15/PUD/LP; and, WHEREAS, pursuant to Section 26.100.104 - Definitions, the definition of a lodge is the following: "Same as hotel, except that lodges in the Lodge Preservation Overlay I IIIIII IIIll IIIlll Ill 119 IIIII IIIII III IIIII IIII IIII 446356 08/24/2080 09:57R ORDXNRNC DRVX$ SXLVX 1 g*¢ 8 R 40.08 D 8.08 N 8.00 PZTKZN COUNTY CO District must be available for overnight lodging by the general public on a short-term basis for at least six months of each calendar year, and may have kitchens within individual lodge r°OmS"; and, WHEREAS, the Aspen/Pitkin County Community Development Department issued a Land Use Code Interpretation of'the term "general public" as used in the definition of lodge, which states that the term does not allow for an owner of a lodge unit to perpetually occupy the unit; and that the requirements for a lodge apply uniformly to all lodge units within a lodge and each lodge must conform to the lodge provisions, mdess the use of that specific unit has been appropriately approved for another land use; and, WltEREAS, on February 14, 2000, at a duly noticed public hearing, City Council upheld th/s Land Use Code Interpretation; and, WHEREAS, the applicant voluntarily desires to deed restrict the two (2) affordable housing units to restrict the amount of rent that can be charged consistent with the AsperffPitkin County Housing Authority Housing Guidelines; and, WHEREAS, the Colorado Supreme Court in the case entitled Town of Telluride v. Lot Thirty-Four Venture L.L.C. (case No. 98-5C-547, decided June 5, 2000) held that Section 38-12-301, C.R.S., prohibits the enactment of an ordinance that imposes rent controls; and, WHEREAS, Section 38~12-301, C.R.S., states that the rent control statute is not intended to impair the right of a municipality to manage and control any property in which it has an interest through a housing authority; and, WHEREAS, the applicant desires to grant to the Aspen/Pitkin County Housing Authority an interest in the property subject to the terms and conditions contained herein; and, WHEREAS, the Aspen/Pitkin County Housing Authority has consented to accepting an interest in the property on conditions that it be indemnified and held harmless from any claims, liability, fees or similar charges related to ownership of an interest in 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 AsperffPitkin County Housing Board, the Community DeVelopment Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; 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, I IIIIII IIIII IIIIII IIIII IIIlll IIIII IIIII III Illll IIII IIII 446356 08/24/2000 89:571:10ROINI:INC DAVXS SILV! 2 o~' 8 R 40.00 O 0.00 N 0.00 PITKIN COUNTY CO VOtEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion 0fpublic health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED By THE CITY COUNciL OF THE CITY OF ASPEN, COLORADO THAT: Section 1 Pursuant to the procedures and standards set forth in Tit/e 26 of the Aspen Municipal Code, the Boomerang Lodge property, Parcel Number 2735-124-66-001, shall be rezoned from R-15 to R-15 with Planned Unit Development and Lodge Preservation Overlay Zone Districts. Section 2 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Boomerang Lodge Minor PUD is approved, subject to the following conditions: 1. A PUD Agreement shall be recorded within 180 days of the final approval by City Council and shall include the following: a. The information required to be included in a PUD Agreement, pursuant to Section 26.445.070(C). 2. A Final PUD Plan shall be recorded within 180 days of the final approval granted by City Council and shall include: a. A final plat meeting the requirements of the City Engineer and showing easements, encroachment agreements and licenses with reception numbers for physical improvements, and location of utility pedestals. b. An illustrative site plan of the project showing the proposed improvements, landscaping, parking, and the dimensional requirements as apprOved. c. A drawing representing the project's architectural character. d. A drawing showing the phase 2 under ground parking garage location, and a plan showing a temporary on-site parking area for three (3) automobiles screened on all sides except the access by landscaping approved by the Community Development Department. The Applicant shall eliminate the three (3) on-site parking spaces proposed to be accessed from West Hopkins Avenue. Because the below grade parking garage extends to the lot lines beyond the building footprints, the plan shall show landscaping in the space between the buildings and the lot lines. 3. Within 180 days after final approval by City Council and prior to applying for a building permit, the applicant shall record a PUD Agreement and the Final PUD Plans with the Pitkin County Clerk and Recorder binding this property to this development approval. a. A completed curb, gutter, and sidewalk agreement, if necessary. 44~6 881~'41~000 0~?~ ONOINI~INC D~V1'$ 3 o¢ 8 R 40.80 D 0.00 N 0.00 PITK?N COUNTY CO b. A completed agreement to join any future improvement districts formed for the purpose of constructing improvements in adjacent public rights-of-way. 4. The following dimensional requirements of the PUD are approved and shall be printed on the Final Illustrative Plan: a. Minimum Lot Size. 15,000 square feet. b. Minimum Lot Area per dwelling. No requirement c. Maximum Allowable Density. 1 lodge or dwelling bedroom per 1,000 square feet of lot area. d. Minimum Lot Width. 75 feet. e. Minimum Front Yard. 10 feet. f. Minimum Side Yard. 10 feet. g. Minimum Rear Yard. As shown on Final PUD Plans. h. Maximum Site Coverage. 35 percent. i. Maximum Height. 25 feet. j. Minimum Distance Between Buildings. 14 feet. k. Minimum Percent Open Space. 55 pement. 1. Trash Access Area. As shown on Final PUD Plans. ~.~ m. Allowable Floor Area Ratio. The Applicant shall provide an ~, adC~ate floor area ratio for the purposes of recordation. n. Minimum Off-Street Parking. As shown on Final PUD Plans (not less than 10 spaces). 5. The building permit application shall include: a. A copy of the final Ordinance and recorded P&Z Resolution. 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 tree removal permit as required by the City Parks DePartment and any approval from the Parks Department Director for off-site replacement or mitigation of removed trees. e. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer which maintains sediment and debris on-site during and after construction. Ifa ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage improvements. I IIIIII IIIII IIIIII IIIII IIIIII IIIII IIIII III IIIII IIII IIII 446356 08/24/2000 0g:STR ORDXNRNC D~VXS SXLVX 4 o¢ 8 R 40,00 D 0.06 N 0.06 PITKZN COUNTY CO 6. The building permit plans shall demonstrate an adequate fire sprinkler system and alarm system for the new buildings, in the event required by the Aspen Fire Marshal. 7. Prior to issuance of a building permit: a. The primary contractor shall submit a letter to the Cormnunity Development Director stating that the conditions of approval have been read and understood. b. All tap fees, impacts fees, and building permit fees shall be paid. If an alternative agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized, those fees shall be payable according to the agreement. c. The applicant shall submit a detailed landscape plan to the Community Development Department showing the size, species, quantity, and location of all existing and planned native vegetation on the site. The landscape plan shall show: 1) The size, species, quantity and location of planned vegetation surrounding the temporary parking area. 2) The size, species, quantity and location of vegetation between the affordable housing and lodge condominium building and the lot line above the sub-grade parking garage. 3) A green strip to include street trees, and a separated sidewalk/concrete path along the front of the Applicant's property which shall be constructed at such time deemed appropriate by the City Engineer. The final landscape plan shall be approved by the Community Development Director after considering a recommendation by the Parks Department and City Engineerl The ApPlicant shall contact the City Forester regarding the correct seed mix for replanting distUrbed areas with native species. 8. No excavation or storage of dirt or material shall occur within tree driplines or outside of the approved building envelope and access envelope. 9. All construction vehicles, materials, and debris shall be maintained on-site and not within public rights-of-way unless specifically approved by the Director of the Streets Department. 10. The applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m. 11. The applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction. l 2. All uses and construction shall comply with the City of Aspen Water System Standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen MuniciPal Code as they pertain to utilities. 13. The Applicant or owner shall mitigate any public impacts that this project causes, including but not limited to utility expenses and sanitary sewer and water lines. I Illlll IIIII IIIIll IIIll Illlll IIIII Illll III IIIll lilt Illl 446356 08/24/2000 89:57R OROIN;INC DRV~$ $~L¥! 5 o~ 8 R 40.00 D 0.00 N 0.00 PITKIN COUNTY CO _~: 14. A fugitive dust control permit will be required during construction. 15. SloPe stabilization, erosion control, and sediment control measures need to be implemented before, during, and after construction. 16. The Parks Department shall approve the location of the proposed sidewalk to ensure that it does not conflict with future trail plans in the area. 17. Construction of the affordable housing units shall begin no later than 36 months after the completion of the three (3) chalets on the eastern portion of the lot. Pursuant to Section 26.445.050(J) Plauned Unit Development - Phasing of Development Plan, prior to the issuance of building permits for the first phase, the Applicant shall provide a promissory note secured by a Deed of Trust in the property in a form acceptable to the City Attorney to the City for .88 of an employee generated by the first phase at the Category 3 level at the then current Aspen/Pitkin County Affordable Housing Guidelines, subject to termination upon complete provision of on-site mitigation for phase 2. The Deed of Trust shall be subordinated to the existing debt and any construction loan(s). All Conditions in this ordinance shall be memorialized in the Final Plat and Planned unit Development Agreement. 18. The Applicant shall convey an undivided fractional interest in the ownership of the property to the AsperffPitkin County Housing Authority for the purposes of complying with the recent Colorado Supreme Court Decision regarding rent control legislation. The Applicant may submit an alternative option to satisfy the rent control issue acceptable to the City Attorney. 19. 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 an interest in the property. 20. Prior to phase 2 and prior to the building permit being issued, the Applicant shall record a deed restriction for the affordable housing units, and grant the undivided fractional interest in the ownership of the affordable housing units to the Aspen/Pitkin County Housing Authority. 21. Each Boomerang lodge unit shall conform to the provisions of Section 26. i 00.104 - Definitions, Lodge, and any change in the lodge's operations must be reviewed, approved, and mitigated for (employee generation) pursuant to the then current Land Use Code and Aspen/Pitkin County Affordable Housing Guidelines. 22. Signs shall be posted inside the parking garage warning drivers to watch for pedestrian and bicycle traffic upon exiting the garage, and directing drivers to use Main Street instead of West Hopkins Avenue. 23. There shall be no sale of the property in whole without a concurrent sale of the Boomerang Lodge to a single purchaser. Nothing herein shall preclude the Applicant I IIIIII IIIII IIIIII IIIII IIIIII IIIII IIIII III IIIII IIII IIII 446366 08/24/2008 09:67;l ORDXNANC D~VXS $XLVX 6 o; 8 R 40.00 D 0,00 N 0.00 PXTKXN COUNTY CO from applying for condominiumization or the sale of fractional interests in the property. Notwithstanding any other provision of this Ordinance, the bulk sale of the property for estate planning purposes shall be permitted. Section 3: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or an~ended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 12m day of June, 2000. Attest:, Kath~n S~dc~ ~W Clerk ~achel ~chards, MaYor , adopted, passed ~d approved ~s 24m day of J~y, 2000. Attest: ~achel ~chards, Mayor~ APproved as to form: n ~orc~st~or,~City AttOrney C:~homehaicld~Active Cases~Boomerang\Ordinance.doc I IIIIII IIIII IIIIII IIIII IIIIII IIIii IIIII III Iiili IIII IIII 448356 08/24/2008 ~9:57R ORDIflRNC DRVI$ $ILVI 8 o{~ 8 R 48.00 D 0.08 N ~.88 PITKZN COUNTY CO