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HomeMy WebLinkAboutcoa.lu.pu.Aspen Alps.Pud ex.A00202 r) CASE NUMBER PARCEL ill # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY r) A002-02 2737-182-56004 Aspen Alps PUD Extension of PUD Recording Deadline Lot 28, Moses Subdivision Fred Jarman Extension of Recording Deadline Aspen Alps Condominium Association Alan Richman 4/9/02 Approved 4/26/02 J. Lindt ~ r .., - t) n NOTICE OF DECISION TO: Alan Richman FROM: Julie Ann Woods, City of Aspen Community Development Director Fred Jarman, Planner y 5. RE: Extension for Recordation ofPUD Documents Request DATE: April 9, 2002 SUMMARY Alan Richman of Alan Richman Planning Services, representative for the Aspen Alps Planned Unit Development (PUD) project, requests an extension in order to record the necessary PUD Plans and PUD / Subdivision Agreements with the Pitkin County Clerk and Recorder's office. The Community Development Director, by this Notice of Decision, has approved a 6-month extension to August 23,2002. BACKGROUND The Aspen Alps PUD received approval from the Aspen City Council on August 27, 2001 and is memorialized through Ordinance No. 28, Series of 2001. According to Section 26.445.070(A) of the Land Use Code, the Aspen Alps is required to have all necessary and required PUD / Subdivision documents recorded with the Pitkin County Clerk and Recorder's office within 180 days of the approval date which would be February 23, 2002. Moreover, in order to request an extension, the request shall be made to the Community Development Office at least 30 days prior to the final expiration date. The Applicant submitted the appropriate request on January 23, 2002, which satisfies the 30-day requirement. Subsequent to the submitted request for an extension that would normally be reviewed by City Council, the Land Use Code has amended granting review authority to the Community Development Director. Specific language has been included in the Land Use Code as Section 26.440.070(B), Recording a Final PUD Development Plan and Section 26.480.070(E), Subdivision Agreement, Recordation state that The Community Development Director may extend the recordation deadline if the request is within the vesting timeline and if there is a community interest for providing such an extension. The Community Development Director may forward the extension request to the Planning and Zoning Commission. STAFF FINDING Staff has been presented with a final draft of the PUD / Subdivision Agreement and therefore finds that the Applicant has been diligently working towards the completion of the required and necessary documents to be recorded. Staff finds that the request has been submitted within the vesting timeline (attached hereto as Exhibit A) and there is a community interest for providing an extension. -. r'\ (') COMMUNITY DEVELOPMENT DIRECTOR APPROVAL I hereby extend the recordation deadline for the Aspen Alps PUD project for 6 months to expire on August 23, 2002 finding that the request has been made within the vesting time line and there is a community interest for providing such an extension. J 'e Ann Woods, Community Development Director 4/<J/CJ2-> Date' -<j;:> AJ,,..,, lir") '\"""Jf ,~. co.% 4)> hl "''(':'') 'ht/.. (", Vlji> " /1"0." t7 ;) c/ ii'v(: '00'0 /I'r'. ("'i- '<' 0;::- .;.,,. /<[C> ';~// uX>" . L, . "1Y "'<'c.' /4y ~ ... >..,,,,;...:...-., , ;i!j '-'-f' w~ ; ~ 1""\' ,,,,, -" -<..,-'< 'Pta~il<<) Sew<<a ~ ;rj t""\ ,,~ 'g~~4It.. ~7 ~1 ~ ,./-'1 ~ ,;.;;" ~ ~l I ,~~ :;Q ,to, , frtJ ; iroJ.t: 96t9.;4~ ~'1'16t2 '1''-#'7- (9?0) 920-1125 ~<..,-- "' "':".H/.. '1"i',",.!f.'=-%'l!j!t;l.",,'Jitlij.J:'\:'''''::'''; ~t-::,\i.~i'-:::2,'Y!'f::'b'" January 23, 2002 JAN 2 3 2002 Mr. Fred Jarman, Planner City of Aspen 130 South Qalen!l,Str~~t Aspen, Colorado 81611 ASPEN I PITKIN COMMOM1Y DEVELOPMENT ~ ~ "f'Il :iJ !Ii !l ~ RE: EXTENSION OF PUD RECORDING DEADLINE FOR ASPEN ALPS PROJECT .. .. .... --,'" .....,:c', ,....,'... .. -. " ""..._:.,.,. " _":" ,., ,,:.,.....-. - ," :,.,-...,.,...,',.": ". ':'.' '.c' ',_.....-",.:'..., ,"f'~F"_":,"':""_,_,~,,-,"",,,.',;,,,,,:,,:,,.:,,:::,:, ',""_': ~",.".~.-."",..,-":",.".-:.",,.,__ "--'''-'''~''''_'''''-' -",.: .1:....-..,".,:::.,~_~""''''',:...~.,''__,','w".:_ . .. '." .' IW! ~ W', Dear Fred, Ii ,'" ill M %] OJ ,~ On August 27, 2001, the Aspen City Council adopted Ordinance 28, Series Of 2Q01, granting PUD.' 'approval' t6iheAspe.~A1i>sConclolI1il1iUrti Associiifi()n..' Acc()r(fingtoSecHoll " 26.445.070 A. of th.e:L;lI!9 J.l"$eCQqe, Within 180 oaysof this "date (February 23, 2002), the Aspen Alps is required, to , fileall of the ne,ce~~llI')'approvaldocuments so they ll1aybe recorded in the ()ffic~ ,of thyCoqn'tyC;lerk andRecorcl~r.The,purp6se ofi:his]tii"teffs.to ,. re'll.lest a one (1) year extension of'thatde'!ldline,as auth6ri~ecl'by th!lt sall1e Code, section, This Ietteris being filed more than 30 days prior to the 180 day deadline, as ^is also specified in that Code section, ~ ~~ I '" >4i ~ 'i:d il ~ 11! ~ I There are several fundamental reasons that th~, Aspen Alps is requesting this extension, as follows: 1. The Associ!ltiOll rElcl'lIltly asked their architect, Mr. Nasser Sadeghi, to prepar~design development drawings for ,. the parking and housing facilities, that \Ve~e aJ.1prov~dbJ' the City. These draWings \ViII be ready this Spring.T~ei\Ssoailtiori\v6uldlike to have these drawings completed before preparing ",' thelillalplili "ClraW!ngsJor' recordatiqn, in cas-e there are any minor adjustments in the location of the' improvements that are nec~ssitated by this precconstruction phase of the design. '"''' "'1 :~j ! ""<) ~ llJ III I ~ 2. The Aspen Alps has been working on approaches to financing this facility, and needs additional time to complete th~se !lrrangements before it is ready to . record its plans for the facilities. ' !l: iii wti ~ i ~ ~ ~ ~ ",-"Il ~c I !!l ~ ~ '" ~ ~: As evidence of thedqediligenceoftheAssociation in pursuing this project, 1 attach for staff review a draft of the proposed PUD Agreement for the project, which W!lS rec(:lntly completed. PleaSe review this, dOCl,lment and I~t me know if it contains any issues we' need to discuss. ."', . ~ ^ Mr. Fred Jarman January 23;2002 Page Two In summary, the Aspen Alps would request a one (1) year extension of the PUD filing deadline for its parking and houshlgproject, to February 23, 2003. If there is!lTIything else rou requii'e,please feel free to contact IIle. Very truly yours, ALANIUCHMAN PLANNINC-SERVlCES ,4t~~ Alan RiChman; AICP ~ :.%1 ,," " if.,<j ~ ~ ~ ~"'I ~ ~";! r;~ lil illi.1 ~ l!i :ll @% ~ ~ p~ I !11 "" 1','d ill OJ ii l!) I iii 111 r~ Ii '-,;J I ~ (1 PLANNED UNIT DEVELOPMENT AND SUBDMSION AGREEMENT ASPEN ALPS PARKING/AFFORDABLE HOUSING PROJECT THIS PLANNED UNIT DEVELOPMENT AND SUBDMSION AGREEMENT is made this _ day of , 2002, by and between the Aspen Alps Condominium Association (hereinafter referred to as "the Owner") and the City of Aspen, Colorado, a municipal corporation and home rule charter city (hereinafter referred to as "the City"). RECITALS WHEREAS, the Owner owns that certain real property located in the City of Aspen, County of Pitkin, legally described as Lots 2A and 2B, Replat of Lot 2, Moses Lot Split (A Lot Line Adjustment); and WHEREAS, in February, 2001 the Owner submitted to the City for approval a land use application to develop a parking structure, maintenance shop, laundry facility, and three (3) affordable housing units on Lot 2B (hereinafter referred to as the "Project"); and WHEREAS, pursuant to Ordinance No. 28 (Series of 2001), the City granted approval to the Project for Consolidated Conceptual/Final Planned Unit Development, Subdivision Amendment, Growth Management Quota System exemption, and Rezoning; and WHEREAS, the City imposed conditions and requirements on the Owner in connection with the approvals described above, such conditions and requirements being necessary to protect, promote and enhance the public health, safety and welfare. Such conditions are set forth in Ordinance No. 28 (Series of 2001); and WHEREAS, under Sections 26.445.070 and 26.480.070 of the Municipal Code of the City of Aspen, the City is entitled to assurance that the matters agreed to herein will be performed by the Owner and its successors or assigns; and WHEREAS, the Owner is willing to enter into such agreement with the City and to provide to the City assurances, as set forth herein; and WHEREAS, the Owner has submitted to the City for approval, execution, and recording a final plat for the Project (the "Plat") and the City agrees to approve, execute, and record the Plat at the Owner's expense on the agreement of the Owner to the matters described herein, subject to the provisions of the Municipal Code of the City of Aspen and other applicable rules and regulations. NOW, THEREFORE, in consideration of the mutual covenants contained herein and the approval, execution, and acceptance of the Plat for recordation by the City, it is agreed as follows: n r"\ } Minimum Lot Size Minimum Lot Area Per Dwelling Unit Minimum Lot Width Minimum Front Yard Minimum Side Yard Minimum Rear Yard Maximum Height Minimum Distance Between Buildings on the Lot Minimum Percent of Open Space Maximum External Floor Area Ratio Minimum Number of Off-Street Parking Spaces 35,327 sq. ft. 5 bedrooms on 35,327 sq. ft. 197 feet 12 feet 15 feet (west side) 20 feet (east side) 10 feet 28 feet (most of building will be subgrade) Not applicable 17.5% 0.20:1 (7,065 sq. ft.) 2 spaces per two bedroom unit; 1 space per one bedroom unit 5. Conditions of Develoument Auuroval. The Owner will satisfy the conditions of development approval established in Ordinance 28 (Series of 2001), as follows: a. Accessibility. The Owner will design and construct the tennis courts on top of the garage and all bathrooms, offices, and laundry rooms to provide full accessibility, as required by the City of Aspen Building Department. b. Parking Spaces for Housing Units. The Owner will designate five (5) parking spaces in the garage for the deed-restricted affordable housing units. The Owner will amend the plans for the parking structure to show a garage access door to provide access from the patio in front of the housing units to the upper level of the parking garage. The parking spaces for the housing units will be designated as close to that door as possible. c. Required Plans. The Owner will submit the following plans to the Engineering Department for their review and approval before submitting an application to the City for a building permit: . Construction Traffic Maintenance Plan; . Construction Erosion Control Plan; . Drainage and De-watering Mitigation Plan; 3 ,...", r\ (1/ . Noise and Dust Control Plan; . Soils Report; and . Full set of building plans. d. Groundwater. Prior to the initiation of any excavation activities, the Owner will make two bores on the southeast and southwest corners of the proposed parking garage to determine the groundwater level. If groundwater is encountered within the planned excavation, the Owner will submit a plan to the City of Aspen Water Department that details how the groundwater will be diverted to the nearby mine drainage ditch. If seasonal water, groundwater, or dampness is encountered during excavation, the Owner will employ those measures necessary (including consultation with an engineer) to ensure the affordable housing units do not have mold or mildew problems. e. Contractor Notification. The Owner will notify its contractors about City ordinances that prohibit vehicle idling for more than five (5) minutes, and that require construction activities to not begin prior to 7 AM. f. Fugitive Dust Control. The Owner will submit a Fugitive Dust Control Plan to the City's Environmental Health Department prior to submitting a building permit application. The Owner will require its contractor to keep all mine-related soils damp at all times as a dust suppression measure to prohibit the release of particulates into the air. The Owner will maintain a regular dialogue with the Environmental Health Department during the excavation process and include them as a monitor while that work is on-going. g. Soil Disposal. The Owner will contact the Pitkin County Solid Waste Center to determine whether excavated soils can be taken to the County Landfill. If not, the Owner will consult with the City's Environmental Health Department and Community Development Department before moving the soils off-site. h. Soil Testing. The Owner acknowledges that the Director of Environmental health may require any person intending to conduct activity or development within the site to test any soil or material to establish its total lead (Pb) content. Any such testing will utilize and adhere to protocols established or approved by the United States Environmental Protection Agency (pursuant to City of Aspen Ordinance 25, Series of 1994). i. Parks Department. Prior to submission of an application for a building permit, the Owner will provide the Aspen Parks Department with the following plans for their review and approval: . An excavation plan that indicates how the proposed excavation will take place for the Project. . A final landscaping plan that includes protection techniques to be employed in the areas marked "trees to be saved if possible". If the spruce trees on the 4 f""'; f) adjacent property directly to the south (along the fence) that are not depicted on the landscape plan are damaged during excavation, the Owner will replace those trees damaged at the Owner's expense. j. Housing Authority. The Owner will conduct a site visit and tour of the three (3) affordable housing units with the Housing Authority staff prior to obtaining a certificate of occupancy for the units. k. Colors. The Owner will utilize an earth-tone color treatment for the affordable housing units so they are effectively blended into the hillside. I. Dry Cleaning Service Prohibited. The Owner will not operate a dry cleaning service in the planned laundry facility. m. Lighting of Tennis Courts. The Owner will not install night time lighting for the tennis courts. n. Use of Garage. rhe Owner will only allow vehicles associated with the Aspen Alps to park in the garage, unless otherwise specifically permitted by the City of Aspen as an amendment to this PUD Agreement. Aspen Alps associated vehicles include those of unit owners, visitors, residents of the affordable housing units, and Aspen Alps fleet vehicles. 6. Modification of Restrictive Covenants on Lots 2A and 2B. The Final Plat for the Replat of Lot 2, Moses Lot Split (A LOt l..ine Adjustment), recorded at Book 29, Page 65 of the records of the Pitkin County Clerk, establishes the following restrictive covenants on Lots 2A and 2B: (a) The floor area, bedroom and density attributed to Lots 2A and 2B shall not be utilized by the Aspen Alps Condominium Unit Owners for purposes of increasing the floor area, bedroom number or density of existing or future Aspen Alps Condominium Units. (b) No further development or additional lot area for floor area, bedrooms and additional density or major new recreational facilities such as tennis courts and swimming pools shall occur on said Lots 2A and 2B". The Owner hereby acknowledges that these covenants remain in effect on Lots 2A and 2B, and continue in effect after the rezoning of these properties to Lodge!fourist ResidentiallPlanned Unit Development (LffRIPUD) that was accomplished by Ordinance 28, (Series of 2001), except as expressly modified by said Ordinance. Following is a re- statement of these covenants, as modified by Ordinance 28 (Series of 2001). These modified covenants have also been stated on the Plat for this Project: 5 (\ f) (a) The floor area, bedroom and density attributed to Lots 2A and 2B shall not be utilized by the Aspen Alps Condominium Unit Owners for purposes of increasing the floor area, bedroom number or density of existing or future Aspen Alps Condominium Units. (b) No further development or additional lot area for floor area, bedrooms and additional density or major new recreational facilities such as tennis courts alld swimming pools shall occur on said Lots 2A and 2B", except for those bedrooms in the three (3) affordable housing units, and that floor area for the parking structure/affordable housing project that was approved on Lot 2B by the City of Aspen pursuant to Ordinance 28 (Series of 2001). 7. Affordable Housing. The three (3) affordable housing units in the Project will be deed restricted at a rate that will not exceed Category 3 housing, pursuant to applicable AspenlPitkin County Housing Authority ("APCHA") requirements. The deed restrictions will also provide that if the occupant of the unit is an employee of the Owner, then the income and asset occupancy requirements applicable to the unit will be waived. The Owner will submit the appropriate deed restrictions for the affordable housing units to APCHA prior to the issuance of a building permit for the Project. In conjunction with the submission of the deed restrictions, the Owner will convey an undivided one-tenth of one percent (0.01 %) fractional interest in the ownership of Lot 2B to APCHA for the purposes of complying with the recent Colorado Supreme Court decision regarding rent controls. As part of this conveyance, the Owner will indemnify and hold harmless APCHA and the City of Aspen from any claims, liabilities, fees, or similar charges related to ownership of an interest in the property. The City of Aspen shall have no voting rights, or rights to notices of meetings, etc. in the Aspen Alps Condominium Association by reason of the conveyance of this fractional interest. At such time as the Owner can demonstrate to the reasonable satisfaction of the City that another mechanism then exists, so that affordable housing' guidelines are enforceable absent an ownership interest by the City, then the Owner may request, and the City shall deed back to the Owner, the City's 0.01% undivided ownership interests in the three (3) affordable housing units. In any event, the City's ownership shall automatically expire thirty (30) years from the date the deeds are recorded. 8. Landscaping Plan and Landscaping Guarantee. In ,accordance with the requirements of the Municipal Code, the Owner will install those landscaping improvements as represented and shown on the Landscape Plan, a copy of which is attached to the Plat. The Landscape Plan shows the type, extent, and location of all plants to be installed and all landscape features and proposed treatment of ground surfaces. The Owner will install the landscaping shown as soon as is practical, but no later than the first planting season following the completion of construction adjacent to the area of planting. The Owner will 6 r", r1 promptly replace any plants that have not survived for a period of two (2) growing seasons following the issuance of a certificate of occupancy for the Project. In order to secure the performance of the installation of this landscaping, the Owner will provide a bond, letter of credit, cash, or other guarantee in a form satisfactory to the City Attorney in the sum of $ , based on the estimate prepared by the Owner's Landscape Architect. Said guarantee will be delivered to the City prior to the issuance of a building permit for the Project. The guarantee documents will give the City the unconditional right, upon clear and unequivocal default by the Owner in its obligations, to withdraw funds against such security sufficient to complete and pay for the installation of such Project landscaping. As portions of the landscaping are completed, the Parks Director will inspect them, and upon approval and acceptance, will authorize the release of the agreed upon estimated cost for that portion of ,the landscaping, except that ten percent (10%) of the estimated costs of the landscaping shall be withheld for the benefit of the City until two (2) growing seasons following the issuance of a certificate of occupancy for the Project. 9. Material Representations. All material representations made by the Owner on record to the City in accordance with the approval of the Project shall be binding upon the Owner, its successors, and assigns. 10. Enforcement. In the event the City determines the Owner is not in substantial compliance with the terms of this Agreement or the Plat, the City may serve a Notice of Non-Compliance and request that the deficiency be corrected within a period of forty-five (45) days. In the event the Own~r believes that it is in compliance, or that the non- compliance is insubstantial, the Owner may request a hearing before the City Council to determine whether the alleged non-compliance exists, or whether any amendment, variance, or extension of time to comply should be granted. On request, the City shall conduct a hearing according to standard procedures and take such action as it then deems appropriate. The City shall be entitled to all remedies at equity and at law to enjoin, correct, and/or receive damages for any non-compliance with this Agreement. 11. Notices. Notices to the parties shall be sent by U.S. Certified Mail, return receipt requested, postage prepaid, to the addresses set forth below, or to any other address which the parties may substitute in writing. Such notices shall be deemed received, if not sooner received, three (3) days after the date of mailing of same. To the Owner: Aspen Alps Condominium Association 710 Ute Avenue Aspen, Colorado 81611 With a copy to: J. Nicholas McGrath, Esquire J. Nicholas McGrath PC 7 r-, I) 600 East Hopkins Avenue Aspen, Colorado 81611 With a copy to: City Attorney City of Aspen 130 South Galena Street Aspen, Colorado 81611 12. Binding Effect. The provisions of this Agreement shall run with and constitute a burden on the land on which the Project is located and shall be binding and enure to the benefit of the Owner, its successors and assigns and to the City, its successors, and assigns. 13. Amendment. This Agreement may be altered or amended only by written instrument executed by all the parties hereto, with the same formality as this Agreement was executed. 14. Severability. If any of the provisions of this Agreement are determined to be invalid, it shall not effect the remaining provisions hereof. IN WITNESS WHEREOF, the parties hereto have executed this SubdivisionJPUD Agreement the day and year first above written. ATIEST: THE CITY OF ASPEN, COLORADO a municipal corporation Katherine S. Koch, City Clerk By: Helen K. Klanderud, Mayor APPROVED AS TO FORM: John Worcester, City Attorney 8 r"\ r) ASPEN ALPS CONDOMINIUM ASSOCIATION By: Herb Winter, President STATE OF COLORADO ) ) ss: COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this _ day of , 2001 by Helen K1anderud, as Mayor, and Katherine S. Koch, as City Clerk of the City of Aspen. Witness my hand and official seal. My commission expires: Notary Public STATE OF COLORADO) ) ss: COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this _ day of 2001 by Herb Winter, as President of the Aspen Alps Condominium Association. Witness my hand and official seal. My commission expires: Notary Public 9