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HomeMy WebLinkAboutordinance.council.034-00 ORDINANCE NO. 34 (SERIES OF 2000) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING THE ASPEN GOLF AND TENNIS CLUB/TRUSCOTT HOUSING FINAL PLANNED UNIT DEVELOPMENT, SUBDivIsIOn, ~ZONING, AND EXEMPTIONS FROM THE ScoRING AND COMPETITION PROCEDURES OF THE GROWTH MANAGEMENT QUOTA SYSTgM. WHEREAS, the Community Development Department received an application (the application) from the City of Aspen and the AspergPitkin County Housing Authority, applicant, for a Final Planned Unit Development (PUD) approval, Subdivision approval, Rezoning approval, Special Review for parking, Residential Design Standards Review, Crrowth Management Quota System exemption for reconstruction commercial square footage, and an affordable housing exemption from the scoring and competition procedures of growth management for redevelopment of the Aspen Golf Course parking lot, golf support areas, anad Truscott Affordable Housing to include additional affordable housing and recreational facilities on land Currently described as Lot #1 and Lot #2 of the Aspen Golf Course Subdivision, parcel numbers 2735-111-09-702 & 2735-111-09-001, including land within said Subdivision described as "golf course support area;" and, WHEREAS, pursuant to Aspen City Council Resolution No. 41, Series of 2000, the Truscott Affordable HOusing and Aspen Golf and TenniS Club project (the project) was granted Conceptual PUD approval; and, WHEREAS, the Conceptual PUD approval considered three phases of housing development with the specific understanding that the third Phase is not expected to occur until 2006 and that the Conceptual approval allowed for a Final Development Plan to be submitted for said third phase at anytime, combined with the Final PUD application or as a separate application, including beyond the one year limitation of Conceptual approvals; and, WHEREAS, the application inclUdes only the first and second phases of residential development and the third phase, to be located on proposed Lot #2 of the Third Amended Plat of the Aspen Golf Course SUbdivision Plat, shall remain subject to Final Development Plan approval and subject to City Council Resolution No. 41, Series of 2000; and, WHEREAS, pursuant to Section 26.304.060 of the Land Use Code, and in consultation with the applicant, the Community Development Director has permitted a modification in review procedures to combine the Special Review for parking and the Residential Design Standards review with the Planned Unit Development review and the growth management exemption review for reconstruction of commercial square footage with the affordable housing growth management exemption review for the purposes of ensuring economy of time and clarity; and, WHEREAS, such review procedure modification has not lessened any public hearing noticing or any scrutiny of the project as would otherwise be required; and, Ordinance No.34,I IIIIII IIIII IIIIII Illll IIIIII Illll Illll III IIIll IIII IIII Series of 2OOO. Page 1 448358 08/24/2000 0g:581:10RDXNANC DAVIS SXLVX Io¢ 7 R 35.00 D 0.00 N 0.00 PXTKXN COUNTY CO WHEREAS, the application was referred to the relevant referral agencies including the Fire Marshall, Colorado Department of Transportation, USWEST Communications, the Pitkin County Community DevelOpment Department, Holy Cross Electric, Aspen Consolidated sanitation District, the Roaring Fork Transit Agency, City Water Department, Environmental Health Department, City Engineering Department, Parks Department, and the Building Department; and, WHEREAS, said referral agencies and the Aspen Community Development Department reviewed the proposed Final PUD and recommended approval with conditions; and, WHEREAS, pursuant to Section 26.304 of the Land Use Code, Final PUD, Subdivision, Rezoning approval may be granted by the City Council at a duly noticed public hearing after considering a recommendation by the Planning and Zoning Commission made at a duly noticed public hearing, relevant referral agencies, the Community Development Director, and testimony by the general public; and, WItEREAS, during a regular meeting on June 20, 2000, the Plmming and Zoning Commission opened the public hearing to consider an overview presentation of the project and continued the public hearing to July 11, 2000, to consider the project in total and testimony by the general public, and continued the public hearing to July 18, 2000, and, by a three to two (3-2) vote, recommended City Council not approve the Final PUD, Subdivision, and Rezoning of the Aspen Golf and Tennis/Tmscott Affordable Housing project; and, WltEREAS, during a meeting on July 25, 2000, the Planning and Zoning Commission decided to reconsider the denial recommendation and continued the re6ohsideration hearing t° August 1, 2000; and, WHEREAS, during a regular meeting on August 1, 2000, the Planning and Zoning COmmission re-considered the recommendation to City Council and recommended, by a seven to zero (7-0) vote, City Cotmcil approve the Final PUD, Subdivision, and Rezoning of the Aspen Golf and Tennis/Truscott Affordable Housing project, subject to conditions of approval listed hereinafter. WHEREAS, pursuant to Section 26.304 of the Land Use Code, City CoUncil may exempt affordable housing in compliance with the Aspen/Pitkin County Hou~sing Authority Guidelines after considering a recommendation from the Aspen/Pitkin County Housing Authority and the cormuents offered by the general public at a duly notice public hearing; and, WHEREAS, the Aspen/Pitkin County Housing Authority has recommended approval of the project; and, WlIEREAS, 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 Aspen/Pitkin County Housing Authority, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, I IIIIIIIIIIllllllllllllllllllllllllllllllllllllllllllll Ordinanc~No. 34, 448358 08/24/2~ ~8:5811 ORDXN~NC D~V/S Seriesof2000. Page2 2 oF 7 R 35.0~ D 0.00 N 0.00 PITK~N COUNTY CO WltEREAS, the City Council finds that the development proposal meets or exceeds ail applicable development standards and that the approval of the development PrOposal, with conditions, is consistent with thb goals and elements of the Aspen Area Community Plan; and, WI-IEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, Tm m vom , IT ova)^r r )BY cITY cotr clI oF TIlE CITY OF ASPEN, COLORADO as folloWs: Section 1: The Truscott Affordable Housing and Aspen Golf and Tennis Club Redevelopment Pla~med Unit Development, Subdivision, Rezoning, and exemptions from the Growth Management Quota System are hereby approved, subject to the conditions of approval listed hereinafter. 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 Lots 2, 3, and 4 of the Aspen Golf Course Subdivision, City of Aspen, as included in the Residential Multi-Family - Planned Unit Development Housing (RMF-PUD); to reflect a Planned Unit Development (PUD) Overlay designation on all portions of Lot #1; and, to amend the Golf Course Support (GCS) Overlay on Lot #1 Consistent with the area described on tHe Third Amendment Plat of the Golf coUrse Subdivision. Section 3: Conditions of Approval: 1. Within 180 days after final approvai by City Council and prior to applying for a Building Permit, the applicant shall record a Subdivision Plat and Final PUD Development Plan. The Subdivision plat shall include easements and signature blocks for any utility mains that are intended to serve adjacent parcels or include easements to the benefit of any jurisdiction other than the City of Aspen. The Final PUD Plans shail include an illustrative site Plan, landscape plan, architectural character plan, a utility plan, a grading/drainage mitigation plan, and an exterior lighting plan. The PUD Plans shall describe Lot #2 as "Phase Three Housing" and remaining subject to Final Development Plan approval. The landscape plan shall include a signature line for the City Parks Director. 2. The applicant shall provide the final approved SUbdivision line data or survey description data describing the revised subdivision boundaries and the revised Golf Course Support Area (GCS) Overlay to the Geographic Information Systems Department prior to applying for a building permit. The final building location data, including any amendments, shall be provided to the GIS Department prior to issuance of a Certificate of Occupancy for any of the housing units. Ordinance No. 34, I IIIIII IIIll IIIIII IIIII IIIIII IIIII IIIII III Illll Illl IIII 446358 08/24/2000 09:58;I ORDXN;1NC D;1VXS SxLVX Seriesof2000. ?age3 3 o¢ 7 R 35.00 O 0.00 N 0.00 PXTKXN COUNTY CO 3. A revised lighting plan shall be approved by the Planning and Zoning Commission ~ and recorded as an addendum to the Final PUD Plans prior to issuance of a building permit. An appeal of the Commission's decision may be considered by the City Council. 4. Within 180 days after final approval by City Council and prior to applying for Building Permit, the applicant shall record a Subdivision/PUD Agreement binding this property to this development approval. The Agreement shall include the necessary items detailed in Section 26.445.070, in addition to the following: The agreement shall state the ownership and maintenance responsibilities of the common areas of the project. The Agreement shall describe the provisions applicable to the un-approved Phase #3 of the residential development remaining subject to Final Development Plan approval. The agreement shall include the draft construction schedule and shall require approval by the Community Development Department for any substantial changes to the schedule or areas of disturbance. 5. The Final PUD approval is subject to approval of an addendum Transportation Demand Management Plan by the City Council after conducting a joint meting with the Planning and Zoning Commission and the AsperffPitkin County Housing Authority Board. Said plan shall describe strategies to reduce automobile usage that will be implemented by the owner/operator of each individual lot (residential and recreational), any shared responsibilities, and shall include an amendment procedure. The Plan shall be approved prior to occupancy of the residential portion of the development. 6. The applicant shall be required to maintain adequate emergency access to and within all areas of the site including plowing, if necessary, the access road across the golf course in a manner determined adequate by the Aspen Fire District and the Pitldn County Disaster Coordinator. Failure to maintain this access in an acceptable condition shall result in an immediate stop work order. Any actions required by the City in reinstating proper access shall be at the sole cost of the applicant. The primary contractor should be notified of this provision and to any provision of their service contract that indicates monetary responsibility for reinstating the access. 7. The public trail system shall remain open during construction. Alternate route designs shall be approved by the City Parks Department and shall be clearly signed. 8. Final trail designs and specifications shall be approved by the City Trail Coordinator prior to start of construction. Restoration o£trail shoulders and surrounding vegetation shall be included in the trail designs. Manhole locations shall not coincide with trails. The trail designs shall coordinate with the Entrance to Aspen Maroon Creek Bridge pedestrian crossing plans being prepared by CDOT. 9. The wetlands shall be designed in coordination with the City Parks Department and the City Engineer to ensure sediment-loaded drainage does not enter Maroon Creek. The applicant shall be responsible for acquiring any necessary Federal permits. I Illlll Illll Illlll Illll IIIlll Illll IIIII III Ifil Illl Illl Ordinance No. 34, 446358 08/2412000 0g:5~1:10RDIfl~II~ DI~VT$ SZLV! Seriesof2000. Page4 4 of ? I 35.00 D 0.00 I~ 0.~0 PITKIN ¢OUI~TY 10. The Final PUD plans shall indicate bicycle racks near the clubhouse and tennis complex, show bicycle rack location near the housing development, and a drinking fountain near the tennis facility. 11, The applicant shall coordinate utility plans and specifications with the City Water and Aspen Sanitation District, including manhole locations, in order to schedule the proposed Fall start date. 12.The building permit application shall include/depict: a)A letter from the primary contractor stating that the approving Ordinance has been read and understood. b)A signed copy of the final Ordinance granting land use approval and a signed copy of the PUD/Subdivision Agreement. c) A fugitive dust control plan approved by the Environmental Health Department which addresses watering of disturbed areas including haul roads, perimeter silt fencing, daily cleaning of ad.~acent rights-of-way, speed limits within and accessing the site, and the ability to request additional measures to prevent a nuisance during construction. d) A payment for school land dedication in the amount of $5 t,787. Building permit fees and land use fees shall not be required as those fees are waived by City Council. e)A soil and sand interceptor in the cart barn and an oil and grease interceptor in the restaurant. 13. The recreational parking area shall be routinely cleared of any non-permitted cars. Accommodation for permitted overflow parking from the Burlingame Seasonal Housing shall be provided in the recreational parking lot during the winter season until such time as the overflow parking is moved or is no longer needed. 14. The four drop-offparking spaces within the housing development shall be signed for "15 minute parking only." No parking shall be permitted along the internal streets outside of designated parking areas. Both of these provisions shall be enforced by the housing properly manager. 15. Surface residential parking that becomes available with the completion of the future Phase Three housing development shall become available as "remote parking" to the benefit ofinfill development projects and shall not become excess or overflow parking for Truscott residents. 16. The surface parking lot, as depicted in the final development application and intended to serve both recreation and residential parking demand, shall be developed with the flexibility to accommodate the findings of the remote parking study and not preclude a future partial or full upper deck. 17. The winter season overflow parking obligation for the Burlingame Seasonal Housing project (expected to be 30-40 cars) shall be accommodates on-site or at another in kind site thrOugh the construction phases of Truscott. This obligation shall be noted in the PUD Agreement and any on-site provision shall be noted in the Construction Management Plan. Ordinance No. 34, I IIIIII IIIII IIIIII IIIII IIIIII IIIII IIIII Ill Illll Illl IIII Series of 2000. Page5 446358 08/24/2050 09:58A ORDZNIClNC DAVZS $1'L.VI' 5 c,F 7 R 35.05 D 0.55 N 5.05 PITKIN COUNTY CO : 18. The trash containers provided on-site shall be "bear proof," meeting the standards of Ordinance 13, Series of 1999. 19. During construction, construction staging, contractor parking shall be limited to the site and areas identified in the Construction Management Plan, appended to the PUD Agreement. The construction disturbance areas may be amended by the Community Development Director. The applicant shall encourage contractors to car-pool and/or use of the daily parking lots at the airport park-and-ride. At no time shall contractor parking along State Highway 82 be pemfitted. 20. The applicant shall wash tracked mud and debris from the street as necessary, and as requested by the City, during construction. 21. The applicant shall record the Plamfing and Zoning Resolution with the Pitkin County Clerk and Recorder located in the CourthOuse P1aza 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. 22. Any substantial modification to the architecture of the project or of the exterior materials shall require review and approval by the Planning and Zoning Conunission. Section 4: Ninety-nine (99) permanently deed restricted affordable housing rental units, as proposed on the Tmscott site, are hereby exempted from the scoring and competition procedures of growth management. The reconstruction of net leasable Commercial square footage in the proposed restaurant and pro-shop is hereby exempted from the scoring and competition procedures of growth management conditioned upon the provision of the necessary subsidy to house 7.4 employees in the Truscott project from the Recreation budget to the Housing budget in a form agreed to by both parties. The decommissioned restaurant area in the Tmscott 100 building may operate as a commmu/ty meeting area but shall be prohibited from operating as a commercial venture, excluding any pre-existing leases. No additional commercial leases or lease extensions shall be approved for this decommissioned space. 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 Community Development Department or the Aspen 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. 34, I Illlll IIIll IIllll Illll Illlll Illll Illll Ill Illll Illl Illl Series of 2000. Page 6 446358 0812412000 09:58~ ORDINANC DI1VIS 8IL¥! 6 =t' T R 35.00 D 0.00 N 0.00 P~TKTN COUNTY CO Section 7: 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. S~ction 9: A public hearing on the Ordinance was held on the 14~ day of August, 2000, at 5:00 in the City Council Chambers, Aspen City Hall, Aspen Colorado, fiReen (15) 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 PUBLISItED as provided by law, by the City Council of the City of Aspen on the 1~ day of August, 2000. FINALLY, a~p~ed p~scd ~d approved this 14~' day of Au~sL 2000. ~0s. ~h, ci~ C~erk ~che~ ~. mchards, Ma~or Approvea as to ~orm City Xlt¢~4 C:~home\Chris\CASES\TruscoR_FinaI\Ordinance.doc I IIIIII IIIII Illlll IIIII IIIIII IIIII IIIII ltl Illll IIII IIII Ordinance No. 34, 445358 08/24/2800 09:581:10RDZNRNC DRVIS SI[VI Seriesof2000. Page7 7 ~ ? R 35.00 O 0.8~ N ~,O~ PITKIN COUNTY C0