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HomeMy WebLinkAboutcoa.ord.24-2006.Ajax Park 531499 ! II Page: 1 of 9 I I f�llll i�l I 11/27/2008 01:351 �I�II JRNICE K VOS CAUDILL PI?KIN COUNTY CO R 46.00 D 0.00 ORDINANCE N0. 24 j (SERIES OF 2006) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING WITH CONDITIONS,A SUBDIVISION REVIEW,CONSOLIDATED CONCEPTUAL/FINAL PUD,AND A GROWTH MANAGEMENT REVIEW FOR THE PRESERVATION OF SIGNIFICANT OPEN SPACE PARCELS FOR THE 1001 UTE AVENUE SUBDIVSION,CITY AND TOWNSITE OF ASPEN,PITKIN COUNTY,COLORADO Parcel ID:2737-182-00-063 WHEREAS, the Community Development Department received an application from Leathern Stearn, owner, represented by Davis Horn Incorporated,requesting approval of Subdivision, Consolidated Conceptual/Final Planned Unit Development, 8040 Greeniine Review, Growth Management Review for the Preservation of Significant Open Space Parcels to divide the parcel at 1001 Ute Avenue into two (2) residential properties and four (4) separate common areas, City and Townsite of Aspen; and, WHEREAS, the pursuant to Land Use Code Section 26.470.040(B)(1), Detached Single-family and Duplex Dwelling Units, the Community Development Director approved a Growth Management Review for the construction of one single-family dwelling unit, conditioned upon approval of the other associated land use actions requested; and, WHEREAS, pursuant to Land Use Code Section 26.445.030(B)(2), Consolidated Conceptual and Final Review, the Community Development Director consented to allow for the development application to be reviewed as a consolidated PUD review because of the anticipated limited scope of issues involved with the review; and, WHEREAS, pursuant to the applicable sections of the land use code, the Community Development Director has reviewed the requested land use actions and recommended denial of the growth management review for the preservation of significant open space parcels and that a maximum floor area of only 3,830 square feet be allowed per residential lot; and, WHEREAS, during a duly noticed public hearing on April 4, 2006, the Planning and Zoning Commission opened and continued the public hearing on this application to April 18, 2006; and, WHEREAS,during a continued public hearing on April 18,2006,the Planning and Zoning Commission opened and continued the public hearing on this application to May 2, 2006; and, WHEREAS, the Applicant amended the development application to include the development of a Category 4 affordable housing unit to mitigate for the second free-market residential unit in the subdivision; and, WHEREAS, during a continued public hearing on May 2, 2006, the Planning and Zoning Commission approved Resolution No. 16, Series of 2006, by a six to zero (6-0) vote, approving with conditions an 8040 Greenline Review, a Growth Management Review 531499 JANICE K VOS CAUDILL PITKIN COUNTY CO R 46.00 1�27D2000001:36F for the Development of Affordable Housing, and recommending that City Council approve with conditions, Subdivision Review, Consolidated Conc Management Review for the Preservation of Significant eptuaUFinal PUD' and a Growth Ute Avenue Subdivision to divide the parcel at 1001 Ute Avenue a into two l(2) residential Properties, a parcel for the development of a Category 4 AH unit and four (4) separate common areas, City and Townsite of Aspen;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 Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, during a duly noticed public hearing on July 10, 2006, the Aspen City Council reviewed the proposal and continued the hearing until July 24,2006; and, WHEREAS, during a continued public hearing on July 24, 2006, the Aspen City Council reviewed the proposal and continued the hearing until August 14,2006;and, WHEREAS,during a continued public hearing on August 14,2006, the Aspen City Council reviewed the proposed 1001 Ute Avenue Subdivision and approved Ordinance No. 24, Series of 2006, by a four to zero (4-0) vote, approving with con Avenue Subdivision, Consolidated Conceptual/Final PUD and ditions, the 1001 Ute Review for the Preservation of Significant Open Space Parcels; and, Growth Management WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the conditions,is consistent with the goals and elements approval Of the of the Aspen Area Convent proposal, with mmumty Plan; an find d, WHEREAS, the City Council s that this Ordinance furthers and is necessary for the promotion of public health,safety,and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO THAT: Section 2 Pursuant to the procedures and standards set forth in Title 26 of the Aspen the Aspen City Council hereby approves with conditions, a ��sionipReviewe' Consolidated Conceptual/Final PUD, and a Preservation of Significant Open Space Parcels or the 100 Utge Avenue Subdivision to divide the parcel at 1001 Ute Avenue into two (2) single-family residential properties, a Property for the development of a"for sale", three-bedroom, Category 4 affordable housing unit and four(4)separate common areas,subject to the conditions contained herein. 531499 Page: 3 of 9 I I 1 I I" 11/27/2008 01:36; JANICE K V05 CAUDILL PITKIN COUNTY CO R 48.00 D 0.00 Section 2:Approved Development Development of two (2) free-market single-family residential dwelling units, and the development of a"for sale",three-bedroom,Category 4 affordable housing unit,the relocation of the existing tennis courts approximately thirty(30) feet to the west of their current location, along with the necessary road improvements to access the residential lots are hereby approved subject to the terms of this ordinance. Section 3:Dimensional Requirements The approved dimensional requirements are as follows: Dimensional Approved Requirement Dimensional Requirements Minimum Lot Size Lot 1=24,850 SF Lot 2=30,060 SF Common Area 1 Open Space=20,860 SF Common Area 2 Open Space=24,860 SF Common Area 3 Access Easement= 15,290 SF Common Area 4 Open Space=920 SF Minimum Lot Width 25 Feet for Common Area 2 Open Space Minimum Lot Area 31,655 SF in PUD Per Dwelling Unit Minimum Front Per Building Envelope Yard Setback Minimum Side Yard Per Building Envelope Setback Minimum Rear Yard Per Building Envelope Setback Maximum Height 25 Feet as measured from finished grade and 27 Feet to the ridge Allowable External 5,040 SF per each of the FAR two (2) single-family residential dwelling units as calculated based on the City land use code methodology in affect at the time of building permit submittal. Additionally, 1,400 SF is allocated for the development of a "for sale", Category 4 affordable housing unit. Minimum Off-Street 2 Spaces per Residential Parking Unit 531499 Page: 4 of 9 11/27/2006 01:361 JANICE K VOS CAUDILL PITKIN COUNTY CO R 46.00 D 0.00 M. Section 4: Subdivision/PUD Plat and Agreeme nt The Applicant shall record a subdivision/PUD plat and agreement that meets the requirements of Land Use Code within 180 days of approval. The Plat shall contain the properly boundaries,easements,and the building envelopes. Section 5: 8040 Greenline Review The 8040 Greenline approval granted herein is only for the road serving the single-family residence parcels and the relocation of the tennis courts. Prior to applying for building permits on the two (2) free-market residential units or the associated accessory dwelling units within the subdivision/PUD, an 8040 Greenline Review on the specific residence designs shall be applied for and approved pursuant to Land Use Code Section 26.435.030, 8040 Greenline Review. Section 6:Residential Desin Standards The two(2)single-family residences to be constructed within the subdivision shall be required to meet the applicable City of Aspen Residential Design Standards pursuant to Land Use Code Section 26.410,Residential Design Standards. Section 7:Affordable Housing Mitigation A"for sale", three-bedroom, Category 4 affordable housing unit consisting of a minimum of 1,400 square feet of net livable space shall be constructed in combination with providing a conservation easement on the southern 4.1 acres of the fathering parcel to mitigate for the free-market residential dwelling units to be constructed within the subdivision. The affordable housing unit shall be excluded from the homeowner's association for the subdivision so that it will not be responsible for maintenance and association fees common to the subdivision. The homeowner's association documents shall not contain any language that prohibits the owners of the affordable housing units from having dogs. Section 8: Conservation Easement The Applicant shall deed the 4.1 acres of the fathering parcel to be placed under a conservation easement to the City of Aspen. Subsequently, the City of Aspen shall record a conservation easement to be held by a third party on the 4.1 acres of the fathering parcel to remain in Pitkin County, that will be sterilized in perpetuity against future development in exchange for one of the two(2) single-family development rights within the subdivision. The property shall be deeded to the City prior to submission for an access/infrastructure permit on the common driveway improvements within the subdivision/PUD. The conservation easement document shall be prepared by the Applicant and reviewed by the Pitkin County Community Development Department prior to recordation. Section 9: School Lands Dedication Fee Pursuant to Land Use Code Section 26.630, School Lands Dedication, the Applicant shall pay a fee-in-lieu of land dedication in conjunction with any residential development in the subdivision. Prior to building permit issuance on any residential development within the subdivision, the Applicant shall pay the school lands dedication fee associated with the -o subdivision as calculated by the City Zoning Officer using the dedication schedule in effect 53.1 499 Page: 3 of 9 ` 11/27/2006 01:36; 1 JANICE K VOS CAUOILL PITKIN COUNTY CO R 48.00 D 0•" at the time of building permit submission as set forth in Land Use Code Section 26.630.030,School Lands Dedication:Dedication Schedule. Section 10: Park Development Impact Fee Pursuant to Land Use Code Section 26.610, Park Development Impact Fee, the Applicant shall pay a park development impact fee at the time of building permit issuance for any construction within the subdivision that adds new residential/lodge bedrooms and/or commercial/office square footage. The City Zoning Officer shall calculate the amount due using the fee schedule in effect at the time of building permit submission as set forth in Land Use Code Section 26.610.030,Park Development Impact Fee:Fee Schedule. Section 11: Soil Subsidence,Rock Fall.and Avalanche Hazards The Applicant shall submit geotechnical and soil stability reports performed by a qualified, licensed engineer, demonstrating the land is suitable to handle the proposed development in conjunction with the 8040 Greenling Review applications for the individual residences proposed within the subdivision/PUD. The designs for the single-family residences within the subdivision/PUD shall comply with the recommendations of the Applicant's Avalanche Specialist, Peter Lev, and Applicant's Geologist, Nicholas Lampiris, by providing an engineered four(4)foot tall retaining wall on the south side of the residences. Section 12:Mine Waste The Applicant shall provide a mine waste testing and handling plan to the City prior to submitting a building permit application on either of the residences, that complies with the following conditions of approval regarding development in an Environmentally Sensitive area and handling of any hazardous or toxic soils encountered on the property pursuant to Land Use Code Section 26.435.030 of the City of Aspen Municipal Code: a. Any disturbed soil or material that is to be stored above ground shall be securely contained on and covered with a non-permeable tarp or other protective barrier approved by the Environmental Health Department so as to prevent leaching of contaminated material onto or into the surface soil. Disturbed soil or material need not be removed if the City's Environmental Health Department finds that: 1) the excavated material contains less than 1,000 parts per million(ppm)of total lead, or 2) that there exists a satisfactory method of disposal at the excavation site.Disturbed soil and solid waste may be disposed of outside of the site upon acceptance of the material at a duly licensed and authorized receiving facility. b. Non-removal of contaminated material. No contaminated soil or solid waste shall be removed,placed, stored, transported or disposed of outside the boundaries of the site without having first obtained any and all necessary State and/or Federal transportation and disposal permits. C. Dust suppression. All activity or development shall be accompanied by dust suppression measures such as the application of water or other soil surfactant to minimize the creation and release of dust and other particulates into the air. 531499 1111111 Hill 1111111111111111111111111111111111111111111 Page: 6 of 9 11/27/2006 01:36F JANICE K VOS CAUDILL PITKIN COUNTY CO R 46.00 0 0.00 d. Vegetable and flower gardening and cultivation. No vegetables or flowers shall be planted or cultivated within the boundaries of the site except in garden beds consisting of not less than twelve (12) inches of soil containing no more than 999- ppm lead. e. Landscaping. The planting of trees and shrubs and the creation or installation of landscaping features requiring the dislocation or disturbance of more than one cubic yard of soil shall require the same measures outlined in sub-sections a,b, c, f and g. f. Any contaminated soil or mine waste rock that is either disturbed or exposed shall be contained on the property such that runoff does not exit the property or contaminate clean soils existing elsewhere on the property. g. Any contaminated soil or mine waste rock to be left on-site shall be placed under structures or pavement. Soils used in landscaped areas or engineered fills shall be covered by a minimum of 1 foot of clean soil that contains less than 1,000 ppm lead. Section 13:Fire Mitigation Fire sprinkler and alarm systems that meet the requirements of the Fire Marshal shall be installed in each of the single-family residences to be constructed within the subdivision/PUD. The water service line shall be sized appropriately to accommodate the required Fire Sprinkler System. The residences to be designed and constructed within the subdivision/PUD shall meet the Colorado Defensible Space Standards. Compliance with the Colorado Defensible Space Standards shall be verified as part of the 8040 Greenline Review process on the individual residences. Section 14: Driveway Construction The driveway shall be constructed to the grades that are proposed in the application and shall not exceed twelve (12) percent at any point. A hammerhead fire truck turnaround meeting the requirements of the Fire Marshal shall be installed as proposed in the application. The Applicant shall enter into a recorded road maintenance agreement with the City that is to be reviewed and accepted by the City Fire Marshal prior to the issuance of an access/infrastructure permit to construct the road. An access/infrastructure permit shall be applied for and approved by the City Community Development Department prior to commencing any grading or construction activities related to the installation of the common driveway to the residential parcels. A geotechnical report shall be submitted as part of the access/infrastructure permit application. Section 15:Landscaaing The Applicant shall install landscaping that is consistent with the landscaping plan that is proposed in the application for screening of the retaining wall. A tree removal permit and tree protection plan shall be submitted and approved by the City of Aspen Parks Department prior to commencing construction activities related to the subdivision access improvements. Additionally, individual landscaping plans for the residential parcels shall be submitted and reviewed by the City Parks Department as part of the 8040 Greenline '" Review applications for the individual residences. The Applicant shall provide a financial 531499 ii Illl I 11/27/2006/ 0 1:36F I� I JANICE K VOS CAUDILL PITKIN COUNTY CO R 46.00 D 0.00 security to ensure the completion of the landscaping as shown on the landscaping plan in the application is completed prior to a building permit application being submitted on any of the residential units within the subdivision. Section 16: Relocation of Tennis Courts The Applicant shall relocate the existing tennis courts prior to or in conjunction with the installation of the common driveway to the residential parcels within the subdivision/PUD. An access/infrastructure permit shall be applied for and approved prior to the commencement of construction activities related to relocating the tennis courts. The pathway from Ute Avenue to the relocated tennis courts shall be improved to comply with applicable ADA accessibility requirements. A deed restriction shall be recorded on the Common Area 2 Open Space (parcel to contain the tennis courts) that preserves the parcel against future development. Section 17: Trail Easement r The Applicant shall grant a public trail easement to accommodate the existing Ajax Trail if it is found to be located outside of the existing trail easement in areas. Additionally, the Applicant shall grant a permanent public trail easement meeting the approval of the City of Aspen Parks Department along the eastern corner of single-family residential Lot 1 in order to accommodate a pedestrian trail from the Ajax Trail down to Ajax Park prior to recordation of the final subdivision/PUD plat. Section 18: Water Department Requirements The Applicants shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. The Applicants shall also enter into a water service agreement with the City and complete a common service line agreement for the residential units. Section 19:Aspen Consolidated Sanitation District Requirements The Applicants shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections(roof, foundation,perimeter drains)to ACSD lines shall be allowed. The sanitary sewer lines serving the residential properties within the subdivision shall be constructed out of a yellowmite material since adequate separation between the water and sewer lines cannot be maintained under the common driveway. If a glycol heating and snowmelt system is to be installed, the glycol storage areas shall be reviewed and approved by the Aspen Consolidated Sanitation District prior to installation. Section 20: Massing Controls The specific designs of the two (2) free-market residential dwelling units that are to be submitted for 8040 Greenline Review pursuant to Section 5 of this ordinance shall be substantially consistent with the revised massing drawings presented to City Council on August 14, 2006. A substantial subdivision/PUD amendment review would be necessary to substantially vary from the massing drawings presented to City Council on August 14, 2006. The width of the north-facing facades of the free-market residential units shall be "' limited to 120 feet. The overall ridge height of the free-market, single-family residential 531499 4 ` 19 1/27/2006 01:36; I structures shall le limited r to twenty-seven (27) feet above finished grade, and twenty(20) percent of the width of the front facades shall be limited to a ridge height of twenty-two (22)feet above finished grade. Non-reflective materials shall be used in the construction of the proposed single-family residences. Section 21:vested RjglLts The development approvals granted herein shall be vested for a period of three(3)years from the date of issuance of a development order. No later than fourteen(14)days following final approval of all requisite reviews necessary to obtain a development order as set forth in this ordinance,the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a vested property right, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 1001 Ute Avenue, City and Townsite of Aspen, by Ordinance No. 24, Series of 2006, of the Aspen City Council. Section 22: 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 construed and concluded under such prior ordinances. Section 23: 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 24: A public hearing on the ordinance shall be held on the 10th day of July, 2006, 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. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the le day of June,2006. Helen K anderud,Mayor 531499 Page: 9 of 9 11/27/2006 01:36; Attest: JANICE K VOS CAUDILL PITKIN COUNTY CO R 46.00 D 0.00 Kathryn S.Koc ity Clerk FINALLY,adopted,passed and approved this 14th day of August, 006 00e e nd,Mayor Attest: Kathryn S. I h,City Clerk Approved as to form: �,_,....John Worcester,City Attorney