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Home My WebLink Aboutordinance.council.026-13 RECEPTION#: 611345, 06/24/2014 at 02:50:03 PM, 1 OF 11, R $61.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pitkin County, CO Ordinance No. 26, (SERIES OF 2013) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING SUBDIVISION, FOR THE DEVELOPMENT OF ONE (1) FREE-MARKET RESIDENTIAL UNIT, ONE (1) AFFORDABLE HOUSING UNIT, AND 292 SQ FT OF NEW COMMERCIAL SPACE FOR THE PROPERTY LOCATED AT 534 E COOPER AVE (BOOGIES BUILDING) CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2 73 7-182-24-008 WHEREAS, the Community Development Department received an application from Boogie's Building of Aspen, LLC, represented by Sunny Vann of Vann Associates, LLC requesting approval of Free-Market Residential, Affordable Housing, and Commercial Growth Management Allotments, and Subdivision, to remodel and expand the existing building to include one (1) free-market residential unit, one (1) affordable housing unit, and 292 sq ft of new commercial space; and, WHEREAS, the Applicant requests approval by the Planning and Zoning Commission Free-Market Residential, Affordable Housing, and Commercial Growth Management Allotments; and, WHEREAS, the Applicant requests a recommendation by the Planning and Zoning Commission to the City Council for Subdivision approval; and, WHEREAS,the property is zoned Commercial Core (CC); and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended approval of the application; and, WHEREAS, during a duly noticed public hearing on April 16, 2014, the Planning and Zoning Commission approved Resolution No. 10, Series of 2013, by a seven to zero (7 — 0) vote, approving one (1) Free-Market Residential Growth Management Allotments, one (1) Affordable Housing Growth Management Allotment, and 292 sq ft Commercial Growth Management Allotments, and recommending the Aspen City Council approve a Subdivision; and, WHEREAS, on July 8, 2013 the Aspen City Council approved Ordinance No. 26, Series 2013, on First Reading by a four to zero (4-0) vote, approving with conditions a subdivision of the Property; and, WHEREAS, during a public hearing on July 22, 2013, the Aspen City Council approved Ordinance No. 26, Series 2013, by a four to zero (4-0) vote, approving with conditions a subdivision of the Property; and, Ordinance No 26, Series 2013 Page 1 of 6 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 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, 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: Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council approves a Subdivision review allowing for the development of one (1) free-market residential unit, one (1) affordable housing unit, and 292 sq ft of commercial net leasable space at 534 E Cooper Ave, commonly known as the Boogies Building. Section 2: Plat and Agreement The Applicant shall record a Subdivision Improvement Agreement (SIA) and subdivision plat that meets the requirements of Land Use Code Chapter 26.480, Subdivision, within 180 days of Final HPC and Final Commercial Design approval. Once construction is nearly complete but prior to an issuance of Certificate of Occupancy, the developer shall file a condominium plat and associated documents for review and approval by the City Engineer and Community Development Director as outlined in Land Use Code Section 26.480.090, Condom iniumization. Section 3: Dimensions & Zoning Requirements All dimensions shall meet the requirements of the Land Use Code in effect on March 30, 2012 (date of initial application). The free-market residential unit is approved at 2,307 square feet of net livable area, through the landing of a Historic Transferable Development Right (TDR). The approved floor plans, dated June 24, 2013, are attached as Exhibit A. Minor changes from these are permitted at building permit. Areas labeled as "roof' or "rooftop garden" are not permitted for use as a deck. The chimney shown in the approved plans is not approved. Ordinance No 26, Series 2013 Page 2 of 6 The project is subject to all conditions included in HPC Resolution 16, Series of 2012. The 2% required off--site Public Amenity space may be satisfied through actual improvements approved by the Parks, Engineering, and Community Development Departments, or through a cash-in-lieu payment of$9,403.50, as originally recommended by HPC in Resolution 16, Series of 2012. Final HPC and Commercial Design Review is required. The Final HPC and Commercial Design Reviews shall address where any rooftop mechanical equipment is located. Section 4: Temporary Enclosure Removal Removal of the existing second floor deck enclosure shall be completed prior to and be a condition of the Subdivision Improvement Agreement (SIA) recordation. A building permit may not be applied for until the enclosure is removed, as verified by the Zoning Officer, Section 5: Parking The applicant shall pay a cash-in-lieu fee for the 0.292 parking spaces generated by the added commercial space in the development. Section 6: Engineering The Applicant's design 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. The Applicant shall be subject to the Urban Runoff Management Plan Requirements. A compliant drainage plan must be submitted with a building permit application. This includes detaining and providing water quality for the entire site. If the site chooses fee- in-lieu of detention (FIL), it can only be applied to existing impervious areas all new areas will need to discharge at historic rates. Any detention requirements covered under the FIL option must discharge directly to the City's stormwater infrastructure. As of March 13, 2013, the sidewalk was in acceptable condition and did not require replacement. The curb and gutter was damaged and should be replaced. Should the sidewalk, curb or gutter be damaged as a result of construction activities, it will be the property owner's responsibility to repair the damage as described in Title 21. Due to the proximity of the neighboring property, the City will require an excavation stabilization plan prior for any excavation. The plan should be submitted with the building permit submittal. The Construction Management Plan shall describe mitigation for: parking, staging/encroachments, and truck traffic. Section 7: Affordable Housing The one (1) on-site, one-bedroom affordable housing unit shall be deed restricted to Category 3 and is being used as mitigation for the development. The Certificate of Ordinance No 26, Series 2013 Page 3 of 6 Occupancy (CO) for the unit shall be issued prior to or at the same time as the proposed free-market unit. The affordable housing units shall be compliant with the Aspen/Pitkin County Housing Guidelines. Owner and APCHA stipulate and agree that, in accordance with C.R.S. 38-12-301(1)(a) and (b), this Deed Restriction constitutes a voluntary agreement and deed restriction to limit rent on the property subject hereto and to otherwise provide affordable housing stock. Owner waives any right it may have to claim that this Deed Restriction violates C.R.S. 38-12-301. More detailed information regarding the management and maintenance of the unit shall be provided to APCHA with the proposed deed restriction prior to CO. The owner shall have the right to rent the unit to tenants qualified under the APPCHA Guidelines. If the owner cannot provide a qualified tenant, the unit shall be rented through APCHA's normal advertising process. At no time shall the tenancy of the unit during a lease period be tied to continued employment by the owner. Tenant leases, however, may be terminated for cause or at the end of the lease period upon termination of employment. The tenant in the rental unit shall be required to be requalified by APCHA on a yearly basis. If the owner elects to sell the unit, or they are required to be sold due to noncompliance, owner shall condominiumize the unit and form a condominium association for the management and maintenance thereof. The affordable housing association shall be separate from the free-market residential unit's and commercial unit's association(s). In the event the rental unit is required to become ownership unit due to noncompliance, APCHA or the City may elect to purchase them for rental to qualified tenants in accordance with APCHA Guidelines. Section 8: Fire Mitigation All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Section 9: Utilities Due to a low roof (non-conforming with standards) above the existing transformer and non-conformance to Electrical codes, the existing transformer cannot be upsized in place. Most likely the transformers at Aspen Core/ Little Annies will not be able to be used by this developer as capacity is being reserved for those developments. Due to these constraints, a new transformer location may be the best option. The applicant shall work with the Utilities Department prior to submittal of building permit to determine a location for a new transformer that acceptable to the Utilities Department. Section 10: Sanitation District Requirements Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. ACSD will review the approved Ordinance No 26, Series 2013 Page 4 of 6 Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. Because a restaurant currently exists and is anticipated to remain, Oil and Grease interceptors (NOT traps) are required for all food processing establishment. Locations of food processing shall be identified prior to building permit. Section 11: Parks Landscaping in the public right of way will be subject to landscaping in the ROW requirements, Chapter 21.20. There shall be no plantings within the City ROW which are not approved by the City Parks Department and the Engineering Department. If a tree(s) is requested for removal, the applicant will be required to receive an approved tree removal permit per City Code 13.20, this includes impacts under the drip line of the tree. Parks is requiring that the tree permit be approved prior to approval of the demo and/or building permits. Parks will approve a final landscape plan during the review of the tree removal permit based on the landscape estimates. 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. A formal plan indicating the location of the tree protection will be required for the building permit set. 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. This fence must be inspected by the city forester or his/her designee before any construction activities are to commence. Section 12: 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 13: 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 14: 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. Ordinance No 26, Series 2013 Page 5 of 6 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 8th day of July, 2013. to n Skadron,Mayor ATTEST: Kathryn S. K4eK,City Clerk FINALLY,adopted,passed and approved this'22-day of L)L , 2013. Steven Skadron,Mayor ATTEST: APPROVED AS TO FORM: Kathryn S. Kocp City Clerk ames R. True, City Attorney Ordinance No 26, Series 2013 Page 6 of 6 M r v -�-. poss e`il r ARtlAiEC11:RC PrNktlnG _______.._._________ _________ ___..______________. . _. ____ _ __ _ __ . � L 1 I I Li V .COMMEPCAL. u.ur COMMEPWL COMMCFC41 rr. .r M41[tYn1iM1:. 1 { ECE6 W ED z z JUN 2 4 2613 MECMAMGL CITY OF ASPEN 'W lmv DEVELOPMENT (� -1 I �MMEIw 534 EAST COOPER 1 w q 0 PMPODZO blSNA1GM LkV1L ,� YlwiwnowwrrmoDUaoullw YUlu>r.qurawem�wuo.MUau.r+PS.uuuu.iw Vly�u.+l rxoPOSED ansEaerrctEVFL 21 1 :,M�.l� A-101 ,5 pass TRCHIMIURE+PL0119G j O \ ` x ,O O O ... 1 \m r 1 i R.L' \ t { I 1 t. - rte O \ O f aECEIVED O O O JUN 2 4 2013 1 � { 'ITY OF ASPEN SO MUNiTY DEVELOPMENT 1 j 534 EAST COOPER _ . 1 ..max.."..,... I ' - — I� �A uro"w u n firrnw„,...r.W wb r s �..w...ums r.r uww.mm...uive.fi�rw'r+r.rm�nuuwr.ruo�w.mnmro"m..u�r nwrrncncaownuvtt s PROPOSED GROUND LEVEL mfiR-rrW..Mwrwr.Iw�r MIJ: .�i. - �W b�tmxrw.NrYlWr.in IN1.A. - - �� A-102 puss ARCHITECTURE+PIAHY6YC OVTMO DCCK ' O RESIO[MT1,1L CO.MEMIAL /\ UNIT o O ` � O OI ----- I J N 2 4 2013 Ou1TIN0 Cl OF ASPEN coYYCxow. - COMM'LAITY DEVELOPMENT I Yaa,Y — „ 534.EAS7 COOPER r la gnY nYU.�.nwl ,f Ienla w^ 11w MWAOSM MCCANINC LXVCL :d wwx.Iw.lYwa�mlw.uun Un,.n1[r.wi.uu[w[wvuuww.ruww.+.un.[Yw 0—n..d PROPOSED MEZZANINE LEVEL A-103 pass ARCHI1fCTURE PUHI11MG igEE �/ w Diu,wuniwn�.vr NARNEE RESIDENTIAL UNIT .EOp`jE}�+B�j�Q `AJ Uw 47 V E D .o ,...ro UN 2 4 2013 iY OF ASPEN i weq co%uNj r Y OEVELOPNAENT I i 534 EAST COOPER I i v w�a C rra ,. .• w• rmru Y raorouoTNlrto 1.cvE� r Na1slYVNr�u4fWN�M1ewuYJll T.aOn,alydMWM1enaurtN.MUM1m,rYJW.IW cn,.,,r..r., 8 � MSED THIRD LiVEL wwncawaa-unuuw.n•.nr.n...m Ala A-104 pass ARCRITEC79RE«RW1RlNO as ��•� � �,�. O�l r JUN 2 4 2013 C Ty OF ASPEN .0 COh14UVI y DFVFLo pyFN7 j 534 EAST COOPER 4 IWM4l HU,nYttlMwVU.. PROPOSED ROOF LEVEL u �� wraw�n.., riot �... A-105 .i 0.1%tStR.. Ad Name: 9304561 A LEGAL NOTICE ORDINANCE#26,2013 PUBLIC HEARING Customer: Aspen (LEGALS) City of Ordinance#26.Series of 2013 was adopted on first reading at the City Council meeting June 24. Your account number: 1013028 2013. Tli s ordinance,it adopted will approve a subdivision for 534 E.Cooper(Boogies Buildings) to remodel and expand one free market and one affordable housing unit and 292 square feet of PROOF OF PUBLICATION commercial. The July hearing on this City ante is scheduled for Jul 8.2013,at 5 PM,City hall. 130 South Galena. To see the entire text,oo to the city's legal rot cc website http://w,ww,aspenpitkin.co.JDepartments/Clerk.Le- gal-Notices; If you would like a copy FAXed.mailed or e-mailed TB: A:P:l 'TIME: to you,call the city clerk's office,429-2686. Published in the Aspen Times Weekly or,June 27, 2013. [9304561) STATE OF COLORADO, COUNTY OF PITKIN I, Jim ,'Morgan, do solemnly swear that I am Gcncral Manager of the ASPEN TIMES WEEKLY, that the same \Meekly 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. The Aspen Times is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions;and that the first publication of said notice was in the issue of said newspaper dated 6/27/2013 and that the last publication of said notice was in the issue of said newspaper dated 6/27/2013. In witness whereof,I have here unto set my hand this 07/12/2013. Jim iIMorgan,Clcneral Nlanager Subscribed and sworn to before me,a notary public in and for the County of Garfield,State of Colorado this 07/12/2013. Pamela J. Schultz,Notary Public Commission expires:November 1,2015 �p Ry pV @� PAMELA J. SCHULTZ 9��COti-�P MY Commission Expires 117012015 e 4 � �, -) C. Ad Name: 9349129A LEGAL NOTICE ORDINANCE#26 201 PUBLIC HEARING �r / Customer: Aspen (LEGALS) City of Ordinance#26,Senes of 2013,was adopted on first reading at the City Council meeting July 8, 20 1 Your account number: 1013028 prove asubdvsion oIr534eE fC operr(Boolgi s Buildings)to remodel and expand one free market and one affordable housing unit and 292 square feet of commercial. The public hearing on this PROOF OF PUBLICATION City hall, or- is 130 Souuthl Galena.uly 22,2013,at 5 PM, To see the entire text,go to the city's legal notice IMZI website http://www.as penpitki n.com/D epa rtme nts/Cle rk/Le- gal-Notices/ f you would like a copy FAXed,mailed or e-mailed to you,call the city clerk's office,429-2686. Published in the Aspen Times Weekly on July 11, STATE OF COLORADO, COUNTY OF PITKIN I,Jim Morgan, do solemnly swear that I am General Manager 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. The Aspen Times is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions;and that the first publication of said notice was in the issue of said newspaper dated 7/11/2013 and that the last publication of said notice was in the issue of said newspaper dated 7/11/2013. In witness whereof,I have here unto set my hand this 07/23/2013. Jim Morgan,General Manager Subscribed and sworn to before me,a notary public in and for the County of Garfield,State of Colorado this 07/23/2013. �„ 9"A- Pamela J. Schultz,Notary Public Y Commission expires:November 1,2015 PUe!/� PAMELA J. ' SCHULTZ COt Ny CIAAAI163W Expires 1110112015