Loading...
HomeMy WebLinkAboutordinance.council.023-13 RECEPTION#: 606010, 12/02/2013 at 09:31:14 AM, 1 OF 26, R $136.00 Doc Code ORDINANCE ORDINANCE N0. 23 Janice K.Vos Caudill, Pitkin County, CO (SERIES OF 2013) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A PLANNED UNIT DEVELOPMENT — OTHER AMENDMENT AND ASSOCIATED LAND USE REVIEWS FOR THE SOUTH ASPEN STREET SUBDIVISION/PUD LEGALLY DESCRIBED AS PARCELS 1, 2, AND 3, SOUTH ASPEN STREET SUBDIVISION/PUD, CITY OF ASPEN, PITKIN COUNTY, COLORADO Parcel IDs: 273513139001, 273513139002, 273513139003 WHEREAS, the Community Development Department received an application from ASV Aspen Street Owners, LLC (Applicant), represented by David Parker of Bald Mountain Development and Mitch Haas of Haas Land Planning, requesting the Planning and Zoning Commission recommend approval of a Planned Unit Development — Other Amendment, Subdivision - Other Amendment, Growth Management Review — Substantial Amendment and Resident Multi-family Replacement to amend the existing entitlements associated with the South Aspen Street Subdivision/PUD via a combined review; and, WHEREAS, an application was submitted for an amendment to the existing entitlements approved via Ordinance No. 32 (Series of 2003) for the South Aspen Street Subdivision/PUD in which the new application proposes on Parcel 1 a free-market fiveplex residential building, an affordable housing building containing 10 dwelling units and an underground parking garage. While Parcel 2 and 3 are proposed to be subdivided into one lot containing three free-market triplexes or nine residential dwelling units. Additionally the Applicant offers to provide eight affordable housing units off-site at the Airport Business Center and provide a cash payment-in- lieu; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, Building Department, Fire Protection District, Parks Department, Aspen/Pitkin County Housing Authority, and Public Works Department as a result of the Development Review Committee meeting; and, WHEREAS, said referral agencies reviewed the proposed amendment and provided recommendations; and, WHEREAS, after reviewing relevant sections of the Land Use Code, the Community Development Director recommended denial of the land use requests; and, WHEREAS, during a regular meeting on December 6, 2011 the Planning and Zoning Commission opened a duly noticed public hearing and continued it to January 3, 2012, and on January 3rd continued the public hearing to January 4th to consider the project; and, WHEREAS, during a special meeting on January 4, 2012 the Planning and Zoning Commission opened a duly noticed public hearing, took testimony and continued the hearing to January 17, 2012 at which point the hearing was continued to January 24, 2012; and, WHEREAS, during a special meeting on January 24, 2012 the Planning and Zoning Commission opened a duly noticed public hearing, took testimony and recommended City Ordinance No.23, Series 2013 Page 1 of 15 Council approve the PUD Amendment and associated land use requests by a four to two (4-2) vote; and, WHEREAS, between the Planning and Zoning Commission's review and recommendation and this current review of a townhome development in 2013 by the City Council, the City Council considered a lodge development proposal that was eventually withdrawn; and, WHEREAS, during a regular meeting on June 24, 2013 the City Council continued the public hearing to July 8, 2013, at which point City Council opened a duly noticed public hearing, took testimony and continued the public hearing to August 12, 2013 requesting the density proposed for the townhome development be restudied; and, WHEREAS, the Applicant continued to restudy the site plan, the public hearing was continued on September 9, 2013 and October 28, 2013, finally reviewing in detail the restudied proposal at a continued public hearing on November 11, 2013; and, WHEREAS,the restudy proposes: On Lot 1 • Three multi-family structures, two containing affordable housing units and one containing free-market residential units. A total of 5 free-market residential units and 15 affordable housing units are proposed. • A sub-grade parking garage with no more than 47 parking spaces. On Lot 2 (formerly Parcels 2 and 3) • Four multi-family structures, one containing two affordable housing units and three containing free-market residential units. A total of 9 free-market residential units and two affordable housing units are proposed; and, WHEREAS, during a regular meeting on November 11, 2013 the City Council opened a duly noticed public hearing, took testimony and approved the PUD Amendment and associated land use requests by a three to one (3-1) vote, with the findings and conditions listed hereinafter; and, WHEREAS, the City Council finds that the development review standards for PUD - Other Amendment and related land use reviews are met after considering recommendations by the Planning and Zoning Commission, the Community Development Director, and relevant referral agencies; and, NOW, THEREFORE BE IT RESOLVED that the City Council approves the PUD — Other Amendment and associated land use reviews with the conditions listed below. Section 1 General Approval: The City Council approves the following land use reviews: Planned Unit Development — Other Amendment, Subdivision - Other Amendment, Growth Management Review — Substantial Amendment and Resident Multi-family Replacement requirements to amend the South Aspen Street Subdivision/ PUD. Ordinance No. 23, Series 2013 Page 2 of 15 The amended development plan permits Lot 1 to be developed with three buildings, with one building containing five (5) free-market dwelling units and two buildings containing fifteen (15) affordable housing dwelling units. Additionally, an underground garage accommodating SkiCo parking (per an agreement with SkiCo), guest parking and parking for the affordable housing units is provided on the lot. Parcels 2 and 3 are combined to create one lot that shall be known as Lot 2. On this newly merged lot three (3) free market triplexes containing a total of nine (9) free-market residential units with an underground garage, to accommodate parking for one of the triplexes, is permitted. A fourth building on the lot shall contain one affordable housing unit and provide a minimum setback of fifteen feet from the shared property line with the Juan Street Condominiums. Additionally, Applicant shall mitigate for either 14.75 or 14.25 Full Time Equivalents (FTEs) in the form of physical affordable housing units located east of the "S" curves, Affordable Housing Credits, or a combination of both. The development of the PUD may be phased, allowing Lot 1 to be developed independently of Lot 2; however, the FTEs to be mitigated off-site or via affordable housing credits shall be required as part of the development of Lot 2. The architectural design of the project is illustrated in the Architectural Character Plan and as represented throughout the public hearings. The design is approved with the Planned Unit Development. The south entry of the affordable housing building containing twelve units shall be amended to meet or be closer to the first floor level. Section 2: Subdivision/PUD Plat, Easements, Vacation, & Final PUD Plans Pursuant to the procedures and standards set forth in Title 26 of the City of Aspen Municipal Code, the Aspen City Council hereby approves Subdivision — Other Amendment and PUD — Other Amendment of the property described as parcels 1, 2, and 3 of the South Aspen Street Subdivision/PUD allowing the development to go from 3 parcels to 2 lots: Lots 1 and 2, as well as approving a site specific development plan via the PUD review process. A final Subdivision/PUD plat and agreement that meets the requirements of Land Use Code chapter 26.480, Subdivision, and chapter 26.445, Planned Unit Development (PUD), shall be recorded in the Pitkin County Clerk and Recorder's Office within 180 days of the approval of this ordinance. Once recorded, these approvals shall supersede the previous approvals, rendering them null and void. A Subdivision/PUD plat and development plan set shall include at a minimum the following information to be reviewed to ensure each item and condition of approval is documented to the satisfaction of the Community Development Director, the City Engineer, and the City Attorney prior to final signatures by the Mayor and recordation. No building permit submission for development of either lot shall be permitted until recordation has occurred. a. A Subdivision Plat that subdivides the land into the following lots, as depicted on the Proposed Subdivision Map, attached as Exhibit A. Ordinance No.23, Series 2013 Page 3 of 15 South Aspen Street Subdivision/PUD Lot 1 South Aspen Street Subdivision/PUD Lot 2 The Subdivision Plat shall grant certain perpetual easements and vacation of an easement as follows: i. A perpetual public pedestrian access easement also benefiting the City of Aspen upon any sidewalks associated with Aspen Street or Juan Street that are proposed to encroach upon Lots 1 or 2. ii. Vacation of an Access and Utility Easement encumbering the vacated alley on Lot 2 recorded at reception 486408 with the Pitkin County Clerk and Recorder. iii. Dedication-of easements for proposed utilities-that are not entirely contained within the right of way, per city specifications. b. A Final PUD Development Plan Set that includes: i. An illustrative site plan showing the layout of planned improvements as depicted in attached Exhibit B. ii. An architectural character plan showing the massing, fenestration, and materials of each building as generally depicted in attached Exhibit C. iii. Dimensioned drawings of all buildings proposed within the project showing dimensions for all zoning parameters in graphic and tabular format. Project dimensions approved for the project are as described in Exhibit D. Heights of building shall be in general conformance with those depicted in attached Exhibit E. iv. An exterior lighting plan meeting the City's outdoor lighting standards. v. A Master Utility Plan including profiles and sections acceptable to the City Engineer and the City of Aspen Utilities Department. vi. A Civil and Drainage Plan and report that complies with the City's Urban Runoff Management Plan, the Engineering Standards as well as the 2002 Geologic evaluation performed by CTL Thompson. Additionally the development shall analyze and mitigate for mud flow, landslide and snow slide hazards per the requirements of the city. vii. An Interpolated Natural Grade Plan. viii. A Landscape Plan for each lot. The landscape plans should be reviewed and approved by the Parks Department with a required signature on the Landscape sheets. - - - - - - - - - - - - - - - - ix. A Juan/Garmisch Street Improvement Plan in compliance with City of Aspen Engineering design standards showing improvements to the corridor for one way vehicular traffic, on street parking and pedestrian traffic. x. A South Aspen Street Reconstruction Plan substantially identical to that plan recorded in conjunction with the Lift One Lodge Subdivision/PUD. Ordinance No. 23, Series 2013 Page 4 of 15 Section 3: Development Agreement Contemporaneously with the recording of the Plats and plan set, the record owners of the lands within the S. Aspen Street Subdivision/PUD shall prepare, execute and record a Development Agreement meeting the requirements of Section 26.445.070.0 of the land use code to be reviewed to ensure each item and condition of approval is documented to the satisfaction of the Community Development Director, the City Engineer, and the City Attorney prior to final signatures by the Mayor and recordation. No building permit submission for development of either lot shall be permitted until recordation has occurred. The Development Agreement shall set forth a description of the proposed improvements and obligations of the parties, including the following: a. The reconstruction of South Aspen Street, public utilities and associated sidewalks, curbing and drainage improvements as depicted in the Final PUD Plans for Lift One Lodge were approved allowing for the redevelopment of the Aspen Street corridor. Included as part of the Development Agreement for Lift One Lodge is a provision that the City shall require property owners adjacent to improved portions of South Aspen Street be responsible for their prorata share of the cost of the improvements associated with said section of improvements if property owners seek improvements to their property. As the Applicant may develop their lots prior to the development of Lift One Lodge, an agreement is required to be executed between both the Applicant and the owner of Lift One Lodge, approved by the City Attorney, that outlines who will be responsible for the improvements and how costs shall be shared or otherwise reimbursed prior to the issuance of a building permit for said lots. Assuming that Applicant is first to develop, prior to the issuance of the Certificate of Occupancy for Lots 1 or 2, the following conditions must be met: i. Completion of the improvements to S. Aspen Street as described in the Final Plat, PUD Plans and Development Agreement for Lift One Lodge. An additional surety at twice the remaining estimated costs of improvements may be accepted by the City to address timing issues related to seasonal construction or other practical issues. b. Identification of all public improvements, including landscaping, to be subject to Section 3.c Financial Assurance and Performance Bond. c. Financial Assurances & Performance Bond. The Development Agreement shall include the Applicant's commitment and agreement-that before a Building Permit is issued for Lot 1 or 2, the Applicant shall provide to the Community Development Director and the City Attorney for review and approval satisfactory evidence that the Applicant has in place sufficient financing to accomplish and complete the construction of the development, including all public improvements required under the Development Agreement and covered by the Building Permit. Such financing may include, without limitation, a construction loan from an institutional lender or lenders and equity capital investments from the Applicant and/or third party investors. Supporting cost estimates for all improvements covered by the requested Building Permit shall be prepared by the Applicant's General Contractor. Ordinance No.23, Series 2013 Page 5 of 15 The Applicant shall further commit and agree that before a building permit is issued for development on Lot 1 or 2, the Applicant shall provide to the Community Development Director and the City Attorney for review a copy of a Performance and Payment Bond issued or committed to be issued to the Applicant's General Contractor by an institutional surety company. The Performance and Payment Bond shall name the Applicant as the beneficiary or insured thereunder to grant them a direct right of action under the Performance and Payment Bond in order to construct or finish public improvements, and to complete the construction of the improvements covered by the Bond. Separately, the Applicant shall provide the City of Aspen with an assignment of its rights under the Performance and Payment Bond. d. Site Protection Fund. The Development Agreement shall include the Applicant's commitment and agreement that before a Building Permit is issued for each, the Applicant will deposit with a title company the sum of $250,000.00 (the "Site Protection Escrow Funds") in the form of cash or wired funds and will execute an escrow agreement and instructions with the escrow agent which recites and agrees as follows: i. In the event construction work on Lift One Lodge on Lot 1 or 2 shall cease for sixty (60) days or longer (`work stoppage') without a cure of such work stoppage after fifteen days (15) days notice by the City and such work stoppage not being a result of any event of force majeure, prior to a final inspection by the City of the work authorized by the Foundation/Structural Frame Permit on the Project, then the City in its discretion may draw upon the Escrow Funds from time to time as needed for purposes of protecting and securing the Project site and improvements from damage by the elements and/or from trespass by unauthorized persons, and for purposes of improving the Project site to a safe condition such that it does not become an attractive nuisance or otherwise pose a threat to neighbors or other persons. ii. Half of the Escrow Funds shall be returned to the owner upon completion by the City of a final inspection of the work authorized by the Foundation/Structural Frame Permit on the project. The balance of funds shall be returned to the owner once exterior finishes to the building have been installed. e. Site Enhancement Fund. The Development Agreement shall include the Applicant's commitment and agreement that before a Building Permit is issued for each lot, the Applicant will deposit with a title company the sum of$250,000.00 (the "Site Enhancement Escrow Funds") in the form of cash or wired funds and will execute an escrow agreement and instructions with the escrow agent which recites and agrees as follows: i. In the event construction work on the development of the project shall cease for ninety (90) days or longer, prior to a final inspection by the City of the work authorized by a foundation/structural frame permit ("F/SFP") on said parcels and cessation of such construction work continues for a period of one hundred twenty (120) days after notice from the City to the owner specifying the subject work in reasonable detail, or if such breach cannot be cured reasonably within such one hundred twenty (120) day period Ordinance No. 23, Series 2013 Page 6 of 15 and owner fails to commence and proceed diligently to cure such breach within a reasonable time period, then the City, in its reasonable discretion, may draw upon the Site Enhancement Escrow Funds from time to time as needed for the purposes of improving the appearance of any construction work not already completed on the site. ii. The Site Enhancement Escrow Funds or any remaining balance thereof shall be returned to the owner, upon completion by the City of a final inspection and issuance of a Certificate of Occupancy for each parcel or when otherwise agreed to by Owner and the City. f. Cross-References. The Development Agreement shall include cross-references to recorded plats, easements, agreements, and PUD plan sets as described herein. Section 4: Growth Management and Affordable Housing Obligations The combination of on-site affordable housing units and the provision of off-site affordable housing units or Affordable Housing Credits shall provide affordable housing mitigation for a total of 46 FTEs. This exceeds the required mitigation for the proposed development but reflects the number of FTEs approved to be housed via the original approvals, prior to this amendment. All of the affordable housing units shall meet the APCHA Guidelines. All of the units provided as mitigation for this development shall be `for sale' units sold through the lottery system. The Applicant may initially choose two purchasers for the affordable housing units as long as they qualify in the top priority per Part VII of the Aspen/Pitkin County Employee Housing Guidelines. The Certificate of Occupancy for the free-market portion of a lot shall not be issued until the Certificate of Occupancy for all of the deed restricted units have been executed for said lot. All deed restrictions shall be recorded coincident with the recordation of the condo plat and prior to the issuance of the Certificate of Occupancy. Due to the mix of free-market and affordable housing units on-site, APCHA recommends that the condominium declaration for the on-site units be modeled after the documents provided for the Aspen Walk free-market/affordable-housing project. The condominium documents shall be reviewed and approved by APCHA prior to recordation. A capital reserve study shall be provided for both on site and off site affordable housing projects at the time of the issuance of the Certificate of Occupancy. a. Housing on Lot 1. Following are the number and type of affordable housing units approved for Lot 1. Each unit's net livable area and unit type shall determine its Income Category; however, in no case shall less than a Category 2 income level or greater than a Category 4 income level be permitted. Each unit shall be provided an off-street parking space as well as washer/dryer hook-up. • Studio units=2 • 1 bedroom units= 10 • 2 bedroom units= 1 Ordinance No.23, Series 2013 Page 7 of 15 • 3 bedroom units =2 b. Housing for Lot 2. Following is type of unit approved for Lot 2. The unit's net livable area and unit type shall determine its Income Category; however, in no case shall less than a Category 2 income level or greater than a Category 4 income level be permitted. The unit shall be provided an off-street parking space as well as washer/dryer hook-up. Additionally no fencing of the unit shall be permitted and a minimum setback of fifteen feet from the shared property line with the Juan Street Condominiums shall be maintained. • 3 or 4 bedroom unit= 1 A balance of 14.75 or 14.25 FTEs (depending on the bedroom count of the affordable housing unit on Lot 2) is required to be mitigated for as part of the development of Lot 2. If all or a portion of the FTEs are mitigated for in the form of affordable housing credits, the credits shall be extinguished prior to the issuance of a building permit for Lot 2. If all or a portion of the FTES are mitigated for in the form of physical, off-site units the Certificate of Occupancy for the free-market portion of Lot 2 shall not be issued until both the off-site and on-site affordable housing have received a Certificate of Occupancy. Any physical, off-site units provided that are in excess of the number of FTEs required to be provided may be converted to Affordable Housing Credits per the land use code. Section 5: Building Permit Submission Requirements In addition to the standard submission requirements for a building permit, the Applicant shall submit the following: a. A signed copy of the final City Council Ordinance and the Development Agreement granting land use approvals. b. A letter from the primary contractor stating that the final City Council Ordinance and the Development Agreement have been read and understood. c. A tree removal plan and a tree protection plan. (See Section 10) d. Detailed civil plans for the improvement of South Aspen Street, Juan/Garmisch Street, and associated sidewalks, curbing and drainage improvements as depicted in the Final PUD Plans as required per the development agreement. e. Detailed civil plans for the installation and/or relocation of all utilities depicted and described in the Master Utility Plan of the Final PUD Plans inclusive of plans and profiles. f. Detailed civil plans that comply with the Urban Runoff Management plan in addition to the Engineering Standards. The civil plans consist all civil improvements including the installation of all drainage, landslide, snow slide and mud flow facilities depicted and described in the Final PUD Plans; Ordinance No.23, Series 2013 Page 8 of 15 g. A signage plan for approval by the Community Development, Parking, and Engineering Departments. The signage plan shall include, signing both sides of Aspen Street as No Parking Fire Lane; signing the public parking spaces within the turn-around as Emergency and Official Vehicles Only; and specifying location of sign receivers to be placed during construction. Final verbiage for the signs may be different, as determined by said departments. The City shall manage the public rights-of-way and all parking therein to achieve public policy objectives, which shall not prescribe or preclude public parking. The City may change the physical layout, applicable policy, posted signage, or operational practices of the parking at its sole discretion on a temporary or permanent basis. Implementation of certain public parking allowances and restrictions does not guarantee against or preclude future changes to those allowances and restrictions on a temporary or permanent basis. h. Ground Stability monitoring report as defined in Section 9. Section 6: Building Permit Issuance Requirements In addition to the standard requirements for issuance of a building permit, the following conditions must be met prior to issuance of a building permit: a. The Applicant shall pay all impact fees and school lands dedication fees applicable and per the fee schedule in place at the time of building permit submission, payable upon issuance of the full building permit. As the TDM/Air Quality impact fee did not exist in 2003 when this development was initially approved, the impact fee is not applicable during the statutory vested rights period. b. The Applicant shall provide sufficient evidence of financing and a performance bond, as required in Section 3c. c. The Applicant shall provide site protection and enhancement escrow funds, as required in Section 3d and 3e. Section 7: Construction Management Plan Requirements A construction management plan shall be submitted to the City Engineer in conjunction with the first building permit application within the project. The plan must include a planned sequence of construction that minimizes construction impacts to the public. If the project is bifurcated into phases, a CMP for each phase will be required. The plan shall describe management of: parking, staging/encroachments, truck and construction traffic during peak traffic and seasonal periods, noise, dust, erosion/sediment pollution, and emergency access during construction. Any Construction Management Plan for work within the project shall accommodate the Winternational event operations to the satisfaction of the local FIS event coordinator and the Aspen Skiing Company when such event is held on Aspen Mountain. This may include work stoppage on event days. Section 8: Calculations and Measurements The Applicant may use the Calculations and Measurements in effect at the time of application to amend this subdivision/PUD: March 7, 2013 which may be recorded with the improvements Ordinance No.23, Series 2013 Page 9 of 15 agreement. Interpolated grade may be used rather than natural grade in the measurement of height. The above provisions for measuring improvements shall be in effect through the vested period or the issuance of a Certificate of Occupancy for each building, whichever is later. Subsequent improvements shall be measured according to the method in effect at the time of building permit submission for such improvement. Section 9: Ground Stability Monitoring In order to ensure the development does not exacerbate ground movement, an inclinometer shall be installed and maintained by the Applicant with bi-annual readings taken through issuance of a Certificate of Occupancy for either lot. The Building Permit application shall include a report on the readings and a subsequent report is required prior to issuance of a Certificate of Occupancy. Section 10: Tree Permits and Protection Requirements Tree removal permits are required prior to issuance of a building permit for any demolition or significant site work. a. Tree Protection: 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 bldg 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. All utilities located under protected trees will have to be installed in a manner that doesn't require traditional excavation. Utilities in the proximity of protected trees may have to be relocated to protect root zones and drip lines per code 13.21. Additional Tree Protection measures include: i. Roots: The applicant will need to contract with a tree service, and have them on call in order to address all roots greater than 2 inches in diameter. Roots 2" or greater shall be professionally pruned with the on call tree service. Root trenching will be required around all trees with excavation under the drip line or next to the drip line. This can be accomplished by an experienced tree service company or trained member of the contractor's team. ii. Excavation: All excavations adjacent to the drip zone will be required to be vertical excavation only, with no over digging. Excavations will be soil stabilized in a manner that prevents over excavation of the site. This will require a one sided pour for all foundation walls located within these protection zones. Any excavation adjacent to the large cotton wood tree located adjacent to the affordable housing site is required to be a vertical excavation, see below for details. Due to the proximity and nature of the excavation the applicant will be required to fence off a larger protection zone past the drip line of the tree. This protection zone located within the non-excavated area shall be twice the width of the drip line. Approval of all protection zones is required. Ordinance No.23, Series 2013 Page 10 of 15 iii. Mulching: Six inches of mulch is required to be placed within the zone of vegetation protection. The mulch shall be maintained at a level of 6 inches during the entire project. iv. Irrigation: Irrigation of trees is required throughout the entire length of the project. The Contractor will supply water to the trees at a rate which is appropriate for proper health. Additional watering will take place along the edge of the roots cutting. The contractor will be required to place a burlap protection cover over the cut roots. The contractor will irrigate the burlap with an appropriate amount of water in order to keep the burlap moist. v. Access: Any access across or through the area of protection is prohibited at all times. b. Landscaping and Sidewalk Landscaped area: Landscaping in the public right of way will be subject to landscaping in the ROW requirements. ROW requirements require adequate irrigation pressure and coverage, if a system is not in place one will need to be added. Installation of a root barrier along the edge of sidewalks is strongly encouraged. All sidewalks, parking areas and walkways adjacent to protected trees shall be designed and built in a manner that reduces the impact to existing trees and root systems. All hard surfaces located within the drip line of trees to be saved shall be built on grade in a manner that allows for the sub-grade prep and sidewalk to float over the roots preventing any excavation into the soil. All work in protection zone is to be accomplished without machines, handwork only. These requirements are subject to the City of Aspen tree code. c. An approved tree permit will be required before any demolition or significant property changes take place. Parks is requiring that the tree permit be approved prior to submission of the building permit. Section 11: 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 Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. On-site utility plans require approval by ACSD. Oil and Sand separators are required for parking garages and vehicle maintenance establishments. Driveway entrance drains must drain to drywells. Elevator shafts drains must flow thru o/s interceptor Old service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements. Ordinance No. 23, Series 2013 Page 1 1 of 15 Below grade development may require installation of a pumping system. One tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single service line. Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. All ACSD fees must be paid prior to the issuance of a building permit. Where additional development would produce flows that would exceed the planned reserve capacity of the existing system (collection system and or treatment system) an additional proportionate fee will be assessed to eliminate the downstream collection system or treatment capacity constraint. Additional proportionate fees would be collected over time from all development in the area of concern in order to fund the improvements needed. Where additional development would produce flows that would overwhelm the planned capacity of the existing collection system and or treatment facility, the development will be assessed fees to cover the costs of replacing the entire portion of the system that would be overwhelmed. The District would fund the costs of constructing reserve capacity in the area of concern (only for the material cost difference for larger line). A "Line Extension Request" and a "Collection System Agreement" are required for this application. Both are ACSD Board of Director's action items. The glycol heating and snow melt system must be designed to prohibit and discharge of glycol to any portion of the public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. Section 12: Environmental Health Department The State of Colorado mandates specific mitigation requirements with regard to asbestos. Additionally, code requirements to be aware of when filing a building permit include: a prohibition on engine idling, regulation of fireplaces, fugitive dust requirements, noise abatement and pool designs. This site has not been previously identified as containing hazardous soils; however the following requirement shall be met in development of either lot: a. A detailed soils reports shall be submitted with the Building Permit application and if any hazardous materials are reported the applicant shall provide the City with a mine waste testing and handling plan provided by a registered engineer or other entity with experience in soils and hazardous waste disposal. The plan must comply with the following conditions of approval regarding development and handling of any hazardous or toxic soils encountered on the property unless adequate information is provided to the Environmental Health Department indicating that certain requirements should be waived: Ordinance No. 23, Series 2013 Page 12 of 15 i. Any disturbed soil or material containing more than 1000 ppm lead 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 may be stored onsite if the Environmental Health Department determines 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. ii. 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 disposal permits. iii. 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 and to prevent such dust and particulates from traveling off the site. iv. Any contaminated soil or mine waste rock that is disturbed or exposed shall be contained on the property such that runoff does not exit the property or contaminate clean soils existing on or off the property. v. Any contaminated soil or mine waste rock to be left on-site shall be placed under structures, pavement or covered by a minimum of 1 foot of clean soil that contains less than 1,000 ppm lead. Section 13: Dean Street Maintenance Applicant proposes to access a parking garage via Dean Street. With the improvement of Lot 1 and Dean Street, an increase in use is anticipated. Increased maintenance, beyond typical standards, shall be responsibility of properties that use Dean for access. Section 14: Water Department The Applicant 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. Utility placement and design shall meet adopted City of Aspen standards. All water services to buildings with Fire sprinkler systems will require fire flow calculations from a professional engineer. Adequate spacing and separation of utilities is required. Section 15: Condominiumization Approved Condominiumization of units, including the parking spaces, to define separate ownership interests within a Lot 1 and Lot 2 of the S. Aspen Street Subdivision/PUD is hereby approved by the City of Aspen, subject to recordation of a condominiumization plat in compliance with the current (at the time of condo plat submission) plat requirements of the City's Community Development Department. Ordinance No.23, Series 2013 Page 13 of 15 Section 16: Representations Preserved 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 Community Development Department, the Planning and Zoning Commission, 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 17: Vested Rights The development approvals granted herein shall constitute a site-specific development plan and a vested property right pursuant to Land Use Code Section 26.308.011 attaching to and running with the Subject Property and shall confer upon the Applicant the right to undertake and complete the site specific development plan and use of said property under the terms and conditions of the site specific development plan including any approved amendments thereto. As the current approval is an amendment to the site specific development plan approved via Ordinance No. 32 (Series of 2003), the current approval is subject to the current vesting period and shall sunset on March 5, 2015. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of § 26.104.050, Void Permits. Section 18: 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 19: 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 20: 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. Section 21: A public hearing on this ordinance shall be held on the 25`h day of June, 2012, 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. Ordinance No. 23, Series 2013 Page 14 of 15 Section 22: This ordinance shall become effective thirty (30) days following final adoption. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 10`h day of June, 2013. Attest: ,'F I Kathryn S. och, City Clerk Steven adron rbe'r, 2013.yor FINALLY, adopted, passed and approved this 11 th day of Nov Attest: Kathryn S. och, City Clerk Steven Skad ron,Mayor Approved as to form: /am�esR. True, City Attorney Exhibit A — Proposed Subdivision Map Exhibit B— Proposed Illustrative Site Plan Exhibit C— Proposed Architectural Character Plan Exhibit D— Proposed Dimensional Allowances and Limitations Exhibit E— Proposed Heights Exhibit F- Proposed Setback Plan Ordinance No.23, Series 2013 Page 15 of 15 FIRST AMENDED FINAL PLAT OF: SOUTH ASPEN STREET SUBDIVISION/PUD SITUATED IN SECTION 13,TOWNSHIP 10 SOUTH,RANGE 85 WEST OF THE 6th P.M. CITY OF ASPEN,COUNTY OF PITKIN,STATE OF COLORADO SHEET 2 OF .o..1c.s tea, .se s.�mo SOUTH ASPEN STREET c,xo rt'c s_ 1450.49-W ,3000' N1450'492 360.00' h�� � IJO / R.ssTr'w P5000' PARCEL 1.423 ocresf Q � n yg —JUAN STREET ­rsarav P / i 000Y0.00 PARCEL 1 o a 16,_99 ,t 42,549 sq.ft. 2 // 50355 4-W 0.977 ocres 1+5�4M1' 10000 ar O�ir�wGVe.00' a g' yd'S1 w$. sw i flNBEr FAAIT 9.BJWBCW/PLD. W .IIYN 8flfff CCfO08 h DEAN STREET wraoi SFF�w 8 ` ory ASPEN STREET SUBDIVISIONPUD N/4�I ,3000 SOPRIS ENGINEERING-LLC = 1 �.s.Aran �GARMISCH STREET U) CIVIL CONSULTANTS •rl 602 MAN STREET,SUITE A3 c.wvis-«srv. CARSONDALE.COLORADO 81623 ,., -- (910)704-0311 .. .. :.„ sopns�sopriseng.com LIMIT5pF SURGRADE ATTACHED CONCRETE DETACHED CONCRETE PARKING, SASPEN STREEi SIDEWALK 31DEWA. RE IARAGE P.ECDCESTR AN r.. uSUroBrcrsRDAD ESTO PARKING 3ARA -"� Y LOWER 'i./ �`-- TRIPLEX • � .. L ) �V IVY � 1 UPPER !o' ,YI FRWIFX 1 y/ b-- PNE4'�LEX PARCEL,1 1 �s PARCEL •9 f rV ABLE GREEN < SPACE ' TRASHI I `_� _ e f i V ��Al ENCLOSURE � I � r� yW - PARKING GARAGE ACCESS STAIR by 'gill}'( MATERIALS LEGEND -- LIGHTING LEGEND CONCRETE PAVING • LOW BOLLARD LIGHTING(SHIELDED) t EXISTING AFFORDABLE --1 N SHIELDED DOWN UGHT(MALE MWNTEq GRAVEL / E HOUSING PAYING A ASPHALT PAVING • SITE STAIR LIGHTING j I L��j�, (WITH CONCRETE CURB INRO W.1 IFA STREET SPECIALTY PAVING(TBO I • NEW STREET LIGHT HOUSING ALL UGHTING TO BE PER CITY OF ASPEN LIGHTING TRASH 'EE�� f REQUIREMENTS RECYCI G S' V 1 PERVIOUS PAVING PUD PLAN NOTES. LIGHTING NOTES. \\1 V RETAINING 1)SEE LANDSCAPE PLAN SHEETS FOR PLANT LIST. L WALLS 1)SEE CIVIL ENGINEERING SHEETS FOR GRADING INFORMATION, 3)SITE AND EXTER BUILDING BUILDING LIGHTING TO BE PROVIDED AS REQUIRED BY —� AFFORDABLE �'. '� 316EF CIVIL ENGINEERING SHEETS FOR UTILITY LOCATIONS. APPLICABLE BUILDING CODES. HOUSING 3)CONSTRUCTION FENCING TO BE PLACED BY CONTRACTOR AND 3)ALL EXTERIOR FIXTURES TRID + GREEN / INSPECTED BV THE CITY OF ASPEN PARKS DEPARTMENT V SPACE (9>0.920-5120)ALONG PERIMETER OF PROPERTY PRIOR TO 4)NATK)NALAN D LOCAL ELECTRICAL CODES SHALL COVER THE MINIMUM ��• MOBILIZATION OF EARTHWORK EQUIPMENT. STANOARD OFI RK,IN THE EVENT OF ACONFLICT BETWEEN THESE `• ' DSTALLASANDAPPLIBEMADEINCON CONFORMANCE HECO E. 4)PROTECT ANY TREES LA REMAIN PER CITY OF ASPEN INSTALLATION SMALL IC E C IN CONFORMANCE WITH THE GOOF. REQUIREMENTS.SEE LANDSCAPE PLAN FOR TREES TO REMAIN y�`,}ITT AND FOR SPECIFIC TREE PROTECTION INFORMATION. EXTER S)LOCATIONOFFIXTU SITE SHONE ERIFIE PER RCHITEF EXTERIOR AND SITE FI%TURFS TO BE VERIFIED PER FINAL ARCHITECTURE ) 5)ALLCONCRETE AND ASPHALT CROW SECTIONS AND AND SITE PLANS. _ SPECIFICATIONS BY CIVIL ENGINEER. PARKING 3 __ 6)ALL EXTERIOR FIXTURES TO COMPLY WITH THE ORDINANCE, DARK SKY FINAL LAYOUT AND DIMENSIONS OEPAVING NALLROAD.WALK. ASSOCIATION AND THE CITY OF ASPEN LIGHTING ORDINANCE. - - - AND DRIVEWAY INTERSECTIONS PER CIVIL ENGINEER. S.GARMISCH Tl FINAL TYPE.LOCATION.AND NUMBER OF LOIN LEVEL EXTERIOR LIGHTING STREET ]i FINAL LAYOUT DIMENSIONS OF ACCESSIBLE CURB RAMPS TO BE FIXTURES ATOUTDOOR PATIOS AND WALKWAYS TED, PER CNIL ENGINEER, Ivu BI EXTERIOR DROP LOCATIONS ARE FOR ILLUSTRATIVE PURPOSES ONLY. Pou Nchttealtta t Plannfll` .;r 1111! m 6 b 1S ..3,'. U"'0 R S . B C°i S$.c>f %$'B < < r..�.m1e�a�� O p e CONCEPTUAL DESIGN OVERALL AMENDMENT PLAN 08 NOVEMBER 11.2013 /7 V E..,,._, �11111 all 1211f -- _;� A North Elevation TiII _ -- - -- 1 - � = -- -- -- -- -- -- -- -- -- -- -- -- -- - ---- South Elevation SOUTH ASPEN STREET PUD / SUBDIVISION - AMENDMENT ASPEN,COLORADO pQ$$ O a C O N C E P T U A L DESIGN : PARCEL 1, FIVE—PLEX ELEVATIONS 21; n.a.a•zv.ne s a.,:o,uo .w,x a .._,_. Nov— ,11,2013 ------------------------------ ;,,-,44f, East Elevation """ ° North Elevation °zc,— . iI 1 � West Elevation South Elevation SOUTH ASPEN STREET PUB /SUBDIVISION - AMENDMENT ASPEN,COLORADO FOSS «3° °e° C O N C E P T U A L DESIGN PARCEL 1, AHU ELEVATIONS 26I Novemper 11.2013 East Elevation North Elevation West Elevation South Elevation SOUTH ASPEN STREET PUD / SUBDIVISION - AMENDMENT ASPEN,COLORADO "" C O N C E P T U A L D E S I G N : PARCEL 1, AHU ELEVATIONS-OPTION 8 30' PASS n _ N.v be,:1.2013 r,x d_E", .' i �'kw�, ' I I j I I„�.�.x � I I ate= sir' East Elevation North Elevation I I / 1 i — sruvEVCxccn-- West Elevation South Elevation SOUTH ASPEN STREET PUD/SUBDIVISION - AMENDMENT ASPEN,COLORADO C 0,N C E P T U A L D E S I G N : PARCEL 2, LOWER TRI-PLEX ELEVATIONS 36 November 11,2013 i III I I illl I �u it I� .AEI-- - -- - .W6fXBFAxs East Elevation North Elevation -,7 -7 I West Elevation South Elevation SOUTH ASPEN STREET PUD / SUBDIVISION - AMENDMENT ASPEN,COLORADO pOSS ARCIHI[ECTURE+PLANNING C O N C E P T U A L D E S I G N : PARCEL 2, JUAN ST.AHU ELEVATIONS 33 ......a�. Noremper 11,2013 Exhibit D Approved Dimensions Lodge Zone Distrlet' Dimensional Requirement Proposed Standard Requirements (2000) For the amended development of Lot 1 and`2 Lot 1 = 42,549 sq. ft. Minimum Lot Size 6,000 sq. ft. Lot 2 = 61,969 sq. ft. 1,310 sq. ft. per bedroom Lot Area/Dwelling Unit (68 bedrooms on 89,127 sq. 1 bedroom per 1,000 sq. ft. ft. of net lot area for density calculation of both lots) Minimum Lot Width Minimum of 60 ft. per lot 60 Feet. - - - Minimum Front Yard Setback 10 Feet Per the setback plan provided Minimum Side Yard Setback as Exhibit F* 5 Feet Minimum Rear Yard Setback 10 Feet Per the height plan provided as Exhibit E, with a maximum height of 28 feet for the free Maximum Height market residential 28 Feet development Percent Open Space A minimum of 25% 25% Free-Market= 52,119 sq. ft. Floor Area Ratio (FAR) Affordable = 17,605 sq. ft. 1:1 or 89,127 sq. ft. Lot 1 garage = 1,938 sq. ft. Lodge Zane District Dimensional Requirement Proposed Standard' Requirements (2000) In substantial compliance with Max. Multi-Family Unit Size the floor plans represented Not applicable in 2000 throughout the public hearing 2 spaces per dwelling unit or dwelling unit if a Minimum Off-Street Parking 2 per unit or 28 spaces studio 1 space per r one bedroom Free- Market Requirement = 18 19 spaces 2 spaces per dwelling unit or (4 at grade and 13 in garage 1 space per dwelling unit if a Minimum Off-Street Parking for Lot I) studio or one bedroom Affordable ( 2 on Lot 2) Requirement = 22 30 in garage on Lot 1 for Not Applicable SkiCo Miscellaneous Off-Street Parking 4 guest parking spaces in garage on Lot 1 for residential component of the PUD Notes: * A minimum 15 feet setback is required along the shared property line with the Juan Street Condominums. - i 27.4- ? T 8' 2 5. 2 3.3' X27.8' 27. - I I \ 18 -21. 4" ' 24. 8 -- L 15.1' i I i 32 -; 2?5' j II i 27.9' 1r.�� it l { 28.0' X22.7' J 248. _- Z 1 .24.0' ' I : 22.1 _ -------------- 30. 1 1 51.0'E - 37.8 3 0' 30.0' HEIGHT ABOVE EXISTING GRADE 30, ' (B)OPTION B a EL ` HEIGHT ABOVE 1 PROPOSED GRADE (B)OPTION B SOUTH ASPEN STREET PUD / SUBDIVISION - AMENDMENT - ASPEN,COLORADO C O N C E P T U A L D E S I G N :OVERALL HEIGHT AT EXISTING INTERPOLATED GRADE +.u. No- ,11.2013 LIMITS OF SUBGPADE DETACHED PARNINO ,_-ATTACHEDCONCRE'IE WALL S'FROM PROPERTY ONE CONCRETE WALL HEgHTN-6'AT WAIL NEIGM H-16 AT POINT WALL HEIGHT H-S POINT S'-C FROM AT POINT 6 FROM S ASPEN STREET SIDEWALK SIDEVILK PROPEgtt LINE B'-0•FROMPROPERTYLINE PROPERTY LINE W✓, Gf LMITSOF—/ _ -- RETAINING HCCEGy BURGRADE VWLL PEDESTRIAN I PARKING I ACCESS VO PARACIE - I I .AtO WALL; Y-3•FROM P.L TO FACE OF WILL LDVIER TRIPLEX I so- UPPN MIDDLE TRIPLEX N-10 WALL TRIPLEX r I FIVE FLEX I ,. PARCELS FARCE} I I _ _ J TOP RISER T BITE — BTAIRTYLINE Ai O��LE S'I'-0' RAEETLLNING % PROPERTY LINE w S TRABHI I I b a/.S'W ;30'FRWP.LTO RE YCLINO ENCLOSURE I I _ —_ .FB'YWLL;N-1•FROM Fl. CORNER OF MNLL OMENSION TOCAN1- _ B11•_— —_ I I -- — TO FACE OFNWLL ATGRADE LTEOVEF� L �LMITB ABOVE OF aF1&'VILL; 1X'-Y 128• OMDE 25-2•FROMP.LTO SUBORADE PARKING 11�' CORNER OF Vi S.� DIMENSION ELEVATOR ATGRADE a1-1BW LL: MATERU-LEGEND EXISTING / AFHO SpNBLE M-XQ-10'FROM P.L.TO FACE OF GRAVEL 1 - WALL G CORNER PAVING % 6 CONCRETE PAVING TO GANTI IUAN NOTCH TO OF B LEE _ LEVER STREET NOTCH TO FACE OF WALL —USING ASPIIIT PAVING/COHCREIE l:Ufle GRADE alb WALL; '? GRADE aAT-0 FROM P L TO FACE OF WALL SPECIALTY PAVING IT B D I I' n PERV--PAV NG AFFORWLE HOUSING NOTES: GREEN 1)WALL HEIGHTS DO NOT INCLUDE GUARD SAC RAIL DIMENSION. I RETAINING 2)DIMENSIONS ARE TO FACE OF STRUCTURE 1T-11• woos T-W WALL; TRASH/-. r-r FROM PROPERTY LINE TO FACE UNLESS OTHERWISE NOTED. RECYCLING OF WALL 3)SETBACKS ARE BASED ON CONCEPTUAL ENCLOSURE _ NOTE;WALLSINTHISAREAARE SUBIECTTOINTERPRETAPONOF ARCHITECTURAL AND SITE PLANS;ALL HEIGHT RESTRICTION SETBACKS AS DEPICTED ON THIS SHEET PA ID 3 AREAPPROXIMATE. s DAruAlsce STEET WALLS PARALLEL TO JUAN BT 1 ' ' HELD CK OF T TO THE BUILDING SETBACK OF THE AH BUILDING -- FACE W L;aA W-1 FROM P.L TO FACE OF WALL ®DES16M .;I. SOUTH ASPEN STREET PUD / SUBDIVISION - AMENDMENT •V ASPEN,COLORADO O -- CONCEPTUAL DESIGN SETBACKS EXHIBIT PLAN �/I•10••' NOVEMBER 11,2013 v' Ad Name: 9263667A LEGAL NOTICE ORDINANCE#23,2013 PUBLIC HEARING Customer: Aspen (LEGALS) City of Ordinance#23,Series of 2013,was adopted on first reading at the City Council meeting June 10, Your account number: 1013028 2013. This ordinance,if adopted will amend the existing approvals for South Aspen Street from 14 free market and 17 affordable housing units to 14 free market and 10 affordable housing units on site plus credits or physical units off site. The public PROOF OF PUBLICATION hearing on this ordinance is scheduled for June 24, T A T 2013,at 5 PM,City hall,130 South Galena. To see the entire text,go to the city's legal notice website http://www.aspe n p itkin.com/Departments/C le rk/Le- gal-Notices/ f you would like a copy FAXed,mailed or e-mailed 21 RIK IMS1 to you,call the city clerk's office,429-2686. Published in the Aspen Times Weekly on June 13, 2013. [9263667] 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 6/13/2013 and that the last publication of said notice was in the issue of said newspaper dated 6/13/2013. In witness whereof,I have here unto set my hand this 06/25/2013. ] Jim Morgan,Uenerall Manager Subscribed and sworn to before me,a notary public in and for the County of Garfield,State of Colorado this 06/25/2013. 971aA,j ter. ,6o-t-kcm h Mary E.Borkenhagen,Notary Public ,,,w,,M,y„Commission expires:September 12,2015 BOR ��': NOT 1G1a �"'Fxaess 09'11