HomeMy WebLinkAboutordinance.council.034-13 ORDINANCE NO. 34,
(SERIES OF 2013)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A PLANNED
UNIT DEVELOPMENT (PUD) AMENDMENT, REZONING TO PUD, AND SUBDIVISION
FOR THE PROPERTY LOCATED AT 700 UTE AVE (THE ASPEN ALPS CONDOMINIUMS),
LEGALLY DESCRIBED IN EXHIBIT A TO THIS ORDINANCE.
Parcel ID: 2737-182-67-800
WHEREAS, the Community Development Department received an application from The Aspen
Alps Condominiums Homeowners Association, represented by Sunny Vann of Vann Associates
requesting a Planned Unit Development (PUD) Amendment, Subdivision, and Rezoning to memorialize
the existing improvements at the Aspen Alps Condominiums and establish a single PUD for the entire
project; and,
WHEREAS, the property is zoned Lodge (L) with a Planned Unit Development(PUD) Overlay
on Parcels 4 and 7 and portions of Parcels 3 and 6 ; 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 June 11, 2013, continued to July 18, 2013,
and August 6, 2013, the Planning and Zoning Commission approved Resolution No. 18, Series of 2013, by
a three to two (3 — 2) vote, recommending City Council deny PUD, Subdivision, and Rezoning reviews;
and,
WHEREAS, on August 26, 2013 the Aspen City Council approved Ordinance No. 34, Series 2013,
on First Reading by a four to zero (4-0) vote, approving with conditions PUD, Subdivision, and Rezoning
reviews; and,
WHEREAS, during a public hearing on September 9, 2013, the Aspen City Council approved
Ordinance No. 34, Series 2013, by a four to zero (4-0) vote, approving with conditions PUD, Subdivision,
and Rezoning reviews; 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, 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 ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN
AS FOLLOWS:
RECEPTION#: 603648, 09/16/2013 at Ordinance No 34, Series 2013
10:11:19 AM, Page 1 of 6
1 OF 6, R $36.00 Doc Code ORDINANCE
Janice K. Vos Caudill, Pitkin County, CO
_Section 1: Approval
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, The City of
Aspen City Council approves a PUD, Subdivision, and Rezoning for the Aspen Alps Condominiums,
legally described in Exhibit A to this Ordinance.
Section 2: Dimensions
The existing dimensions on a unit and project-wide basis are memorialized by this approval. Any
changes to the building dimensions will require a PUD Amendment, pursuant to the Land Use Code in
effect at the time. All dimensions shall be documented in the Final PUD Documents. The applicant has
not indicated exact heights as part of the land use application. These are required to be included as part
of the Final PUD Documents. Approved dimensions are outlined in Exhibit B to this Ordinance.
Section 3: Plat and Agreement
The Applicant shall record a PUD/subdivision agreement and PUD/subdivision plat that meets the
requirements of Land Use Code Chapter 26.480, Subdivision, within 180 days of this approval.
Section 4: Affordable Housin
Deed restrictions for the three (3) affordable housing units shall be recorded before or simultaneously
with recordation of the Final PUD and Subdivision Documents.
Section 5: Utilities
All utility easements shall be updated to ensure the utility line is located within proper easements. Any
water lines not located in a Right of Way shall require an easement. Twenty (20) foot easements are
preferred, and required to the extent the existing development can accommodate them. All sewer lines
shall be located within easements acceptable to the ACSD, including the main line located in Alps Road
and all extensions into the property.
_Section 6: Code Compliance
Any future development or redevelopment in the Aspen Alps PUD is required to comply with all rules
and regulations in place at that time, including but not limited to fire, stormwater, building, water,
sanitation, and trash requirements.
Section 7: Material Representations
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 8:
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 9:
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 34, Series 2013
Page 2 of 6
Section 9: Vested Rights
The development approvals granted herein shall be vested for a period of three (3) years from the date of
issuance of the Development Order.
No later than fourteen (14) days following the 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: 700 Ute Avenue (Aspen Alps)., City of Aspen, CO,
by Ordinance No. 34 Series of 2013, of the Aspen City Council.
Section 10:
A public hearing on this ordinance shall be held on the 9'h day of September, 2013, at a meeting of the Aspen
City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a
minimum of fifteen 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 bylaw,l y the-City Council of the
City of Aspen on the 26th day of August, 2013.
i
— Ste
ATTEST: en Skadron, May
Kathryn S� ch, City Clerk
FINALLY, adopted, passed and approved this 9th day of September, 2013.
teven adron, Mayor
ATTEST: APPROVED AS TO FORM:
Kathryn S. , City Clerk arses R. True, City Attorney
Exhibit A: Legal Description of The Aspen Alps Condominiums
Exhibit B: Approved Dimensions
Ordinance No 34, Series 2013
Page 3 of 6
Exhibit A: Aspen Alps Condominiums Legal Description
Parcel 1: Building 100, Aspen Alps, according to the Condominium Declaration for Aspen Alps
recorded December 11, 1963 in Book 205 at Page 145, as amended, and according to the Condominium
Map recorded January 8, 1964 in Plat Book 2a at Page 308, County of Pitkin, State of Colorado;
Parcel 2: Building 200, Aspen Alps West, according to the Condominium Declaration for Aspen Alps
West recorded March 15, 1965 in Book 212 at Page 83, as amended, and according to the Condominium
Map Recorded March 17, 1965 in Plat Book 3 at Page 26, Amendment No 1 Recorded February 25,
1992 in Plat Book 28 at Page 69, Second Supplemental Condominium Map Recorded July 26, 2002 in
Plat Book 61 at Page 40, Third Supplemental Condominium Map Recorded October 12, 2010 in Plat
Book 94 at Page 90, County of Pitkin, State of Colorado;
Parcel 3: Building 300, 400, 500, Aspen Alps South Condominiums, according to the Condominium
Declaration for Aspen Alps South Recorded December 1, 1965 in Book 217 at Page 189, and The First
Supplement Recorded January 6, 1969 in Book 238 at Page 804, and according to The Condominium
Map Recorded December 10, 1965 in Plat Book 3 at Page 54, and First Supplement Recorded December
10, 1969 in Plat Book 3 at Page 373, Second Supplement Recorded April 14, 2005 under Reception No.
508992, County of Pitkin, State of Colorado. Parcel includes a portion of Government Lot 42, Section
18, Township 10 South, Range 84 West of The 6r" Principal Meridian, County of Pitkin, State of
Colorado (Lot 42 merged with Lot 33, per Bureau of Land Management Supplemental Plat, Dated 1995,
Recorded in Plat Book 36 at Page 94);
Parcel 4: Building 700, Aspen Alps South Condominiums, according to the Condominium Declaration
for Aspen Alps South recorded December 1, 1965 in Book 217 at Page 189, and The First Supplement
Recorded January 6, 1969 in Book 238 at Page 804, and according to the Condominium Map recorded
December 10, 1965 in Plat Book 3 at Page 54, and First Supplement Recorded December 10, 1969 in
Plat Book 3 at Page 373, Second Supplement recorded April 14, 2005 under Reception No. 508992,
County of Pitkin, State of Colorado. Parcel includes a portion of Government Lot 42, Section 18,
Township 10 South, Range 84 West of The 6`" Principal Meridian, County of Pitkin, State of Colorado
(Lot 42 merged with Lot 33, per Bureau of Land Management Supplemental Plat, Dated 1995, Recorded
at Plat Book 36 at Page 94);
Parcel 5: Building 800, Aspen Alps North Condominiums, according to The Condominium Declaration
For Aspen Alps North recorded January 31, 1973 in Book 271 at Page 967, and the Amendment
recorded June 4, 1973 in Book 276 at Page 393, and Agreement to Amend Condominium Declaration
for Aspen Alps North Condominiums recorded October 19, 1993 in Book 727 at Page 437, and
Agreement to Amend Condominium Declaration for Aspen Alps North Condominiums recorded
October 19, 1993 in Book 727 at Page 457, and according to The Condominium Map recorded January
31, 1973, in Plat Book 4 at Page 353, and First Supplemental Condominium Map recorded October 19,
1993 in Plat Book 32 at Page 87, and Second Supplemental Condominium Map recorded October 19,
1993 in Plat Book 32 at Page 88, County of Pitkin, State of Colorado;
Parcel 6: Lot 2a, Replat of Lot 2, Moses Lot Split (A Lot Line Adjustment) and Final Subdivision Plat
of the George P. Mitchell and H.A. Bornefield, Jr Property, according to The Plat Thereof recorded
September 3, 1992 under Reception No. 348317, County of Pitkin, State of Colorado. Parcel includes
Government Lot 42, Section 18, Township 10 South, Range 84 West of The 6`h Principal Meridian,
County of Pitkin, State of Colorado (Lot 42 merged with Lot 33, per Bureau of Land Management
Supplemental Plat, Dated 1995, Recorded in Plat Book 36 at Page 94);
Ordinance No 34, Series 2013
Page 4 of 6
Parcel 7: Lot 2b, Replat of Lot 2, Moses Lot Split (A Lot Line Adjustment) and Final Subdivision Plat
of the George P. Mitchell and H.A. Bornefield, Jr Property, according to The Plat Thereof recorded
September 3, 1992 under Reception No. 348317, County of Pitkin, State of Colorado; and
Parcel 8: A Tract of Land Situated in The West One-Half of The Northwest One-Quarter of Section 18,
Township 10 South, Range 84 West of The 6`h P.M., County of Pitkin, State of Colorado, described as
follows: Beginning At The Most Southwesterly Corner of That Tract of Land Shown On The
Condominium Map of Aspen Alps North Recorded in Plat Book 4 At Page 353, From Whence Corner
No. 9 of Aspen Townsite Bears North 10*06'00" Fast 239.97 Feet and North 39*57'22" West 403.50
Feet; Thence Along The Southerly Line of Said Tract of Land South 79*05'00" East 35.72 Feet; Thence
South 20*15'00" East 11.00 Feet; Thence South 03*30'00" East 12.50 Feet To Line 5-6 of The M&Y
Lode, United States Mineral Survey No. 3921; Thence Along Line 5-6 of Said M&Y Lode South
44*59'00" West 67.87 Feet To Line 3-4 of The Millionaire Lode, United States Mineral Survey No.
3620a; Thence Along Line 3-4 of Said Millionaire Lode North 04*30'00" East 55.20 Feet To Corner
No. 4 of Said Millionaire Lode; Thence North 10*06'00" East 22.97 Feet To The Point of Beginning.
Ordinance No 34, Series 2013
Page 5 of 6
Exhibit B: A roved Dimensions
Unit Size (sq
parcel building#/ Parcel Size ft net livable Floor
# common (Gross Current Height* as depicted Area Setbacks (feet) Parking
name Area # Units Spaces
on recorded (sq ft)
PUD Plans)
Front-4
1 100 .612 acres; East Side-11.5 13 off-
Building 26,668 sf 16 2 story 1,133-1,515 21,559
West Side-18 site
Rear-20
200
Building, 10 2 story 1,213-1,537 Front-13
2 Structure A .761 acres; North Side-23.5
200 33,163 sf 24,100 27
South Side-16
Building, 6 3 story 1,345-2,421 Rear-13
Structure B
300 Front-19.5
Building 7 1,122-2,255 South Side-19
Rear-22 g off-
3 400 .971 acres; Front-7.5 site (on
Building 42,286 sf 7 4 story 1,130-2,265 34,604
Rear-9.5 Parcel
500 Front-14 6)
Building 8 408-1,844 North Side-7
Rear-9
Front-8.5 12 off-
4 700 .312 acres; North Side-4.5 site (on
Building 13,612 sf 10 3 story 1,475-2,973 22,789
South Side-5.5 Parcel
800 Rear-13 6)
Building- 1 3 story 2,992
Structure A
800 Front-55
Building 514 acres; 18,866 East Side-13.5 6
5 g 22,393 sf 4 4 story 1,695-1,876
Structure B West Side-11.5
800 Rear-4
Building- 4 4 story 1,606-1,989
Structure C
6 Vacant Land 3.402 acres;
148,182 sf N/A
Winter
Building Front-17.5
7 (Parking, •122 acres; 3 2 story 775-854 NLA 6,289 East Side-14.5 69
Affordable 35,314 sf West Side-20
Housing) Rear-10
8 Vacant Land •049 acres;
2,126 sf N/A
*Exact Height for each building and parcel shall be recorded as part of the Final PUD Documents.
Ordinance No 34, Series 2013
Page 6 of 6
LEGAL NOTICE �� r
Ad Name: 9491370A ORDINANCE#34,2013 PUBLIC HEARING
Customer: Aspen (LEGALS) City of Ordinance#34,Series of 2013,was adopted on
first reading at the City Council meeting August 26,
Your account number: 1013028 2013. This ordinance,if adopted will approve a
PUD designation for the Aspen Alps property. The
public hearing on this ordinance is scheduled for
September 9,2013,at 5 PM,City hall,130 South
PROOF OF PUBLICATION Galena.
7o see the entire text,go to the city's legal notice
website
IMIS http://www,aspenpitki n.com/De partments/Cle rk/Le-
gal-Notices/
If you would like a copy FAXed,mailed or e-mailed
to you,call the city clerk's office,429-2686.
TI: Published in the Aspen Times Weekly on August
29,2013. [94913701
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 8/29/2013 and that the last publication of
said notice was in the issue of said newspaper dated
8/29/2013.
In witness whereof,I have here unto set my hand
this 08/30/2013.
Y G A `
'
Jim Morgan,General Manager
Subscribed and sworn to before me,a notary public
in and for the County of Garfield,State of Colorado
this 08/30/2013.
�- 9
Pamela J. Schultz,Notary Public
Commission expires:November 1,2015
� tY PUe
'PAMELA J. '
SCHULTZ
COtP�'
MY Catltnissim Expires 1110112015