HomeMy WebLinkAboutordinance.council.016-97
ORDINANCE NO. 16
(SERIES OF 1997)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING REZONING FROM P_
PUD (pARK-PLANNED UNIT DEVELOPMENT) TO AHI-PUD (AFFORDABLE
HOUSING-PLANNED UNIT DEVELOPMENT), CONCEPTUAL AND FINAL PLANNED
UNIT DEVELOPMENT APPROVAL, SUBDIVISION APPROVAL, AN EXEMPTION
FROM THE GROWTH MANAGEMENT COMPETITION AND SCORING
PROCEDURES, APPROVAL OF THE METHOD IN WHICH AFFORDABLE HOUSING
IS TO BE PROVIDED, AND WAIVER OF THE LAND USE APPLICATION, ZONING,
AND PARK DEVELOPMENT IMP ACT FEES FOR THE ASPEN COUNTRY INN
AFFORDABLE HOUSING PROJECT, 38996 HIGHWAY 82, CITY OF ASPEN, PITKIN
COUNTY, COLORADO
WHEREAS, The Aspen/Pitkin County Housing Authority, represented by David Tolen,
Director, (Applicant) submitted an application (development proposal) to the Planning Office to
develop forty (40) fully deed restricted dwelling units on a 3.9 acre parcel at 38996 Highway 82,
known as the Aspen Country Inn; and,
WHEREAS, the applicant has requested a rezoning of the parcel from P-PUD (Park-
Planned Unit Development) to AHl/PUD (Affordable Housing-Planned Unit Development) in
conjunction with an application for Conceptual and Final Planned Unit Development approval,
Subdivision approval, Special Review approval to establish the parking requirements, an exemption
from the competition and scoring procedures of the Growth Management Quota System, approval
of the method in which the affordable housing is to be provided, and waiver of land use, zoning,
and park development impact fees; and
WHEREAS, the Planning Department reviewed the development proposal in accordance
with all applicable procedure and review criteria set forth in Sections 26.28, 26.32, 26.44, 26.52,
26.56,26.58,26.64,26.84,26.88,26.92, and 26.100 of the Municipal Code; and,
WHEREAS, upon consideration of the applicant's request to consolidate the four step
PUD review to two steps and considering the Planning Director's recommendation, the Planning
and Zoning Commission has recommended to Council a consolidated PUD review process; and,
WHEREAS, the Growth Management Commission conducted a public hearing on March
8, 1997, in accordance with Section 26.52 of the Municipal Code, reviewed and considered the
Ordinance No. 16, Series 1997
Page 1
1111111111111111111111111111111111111111111111111111111
40e61e 06/23/1997 II:e2A ORDINANCE
1 of 9 R 46.00 D 0.00 N 0.00 PITKIN COUNTY CLERK
development proposal in accordance with those procedures set forth in Sections 26.52 and 26.100
of the Municipal Code, and made a recommendation to the City Council in accordance with Section
26.100 of the Municipal Code; and
WHEREAS, the Planning and Zoning Commission conducted a public hearing on April
29, 1997, in accordance with Section 26.52 of the Municipal Code, reviewed the development
proposal in accordance with all applicable procedures and review criteria set forth in Sections
26.28, 26.32, 26.52, 26.64, 26.84, 26.88, and 26.92 of the Municipal Code, approved, with
conditions, the Special Review to establish the parking requirements, and recommended to Council
approval of the Amendment to the Official Zone District Map, Conceptual and Final Planned Unit
Development approval, and Subdivision approval, with conditions; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified in Sections 26.28,
26.44, 26.52, 26.84, 26.88, 26.92, and 26.100 of the Municipal Code, has reviewed and considered
those recommendations and approvals as granted by the Growth Management Commission, the
Planning and Zoning Commission, and the Housing Authority, and has taken and considered public
comment at a public hearing; and,
WHEREAS, the Council found that a full four step PUD review process would be
redundant and serve no public purpose and a two step consolidated PUD review process would be
more appropriate; 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 public
health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO as follows:
Ordinance No. 16, Series 1997
Page 2
111111I1111I11111111111111111111111I11111I11111 11111111
40el1e 06/23/1997 11:e2A ORDINANCE
2 of 9 R 48.00 D 0.00 N 0.00 PITKIN COUNTY CLERK
Section 1:
That it does hereby grant an amendment to the Official Zone District Map for the subject parcel, as
described on the final plat, from P-PUD (Park-Planned Unit Development) to AHI-PUD
(Affordable Housing -Planned Unit Development).
Section 2:
The Official Zone District Map for this City of Aspen, Colorado, shall be and is hereby amended to
reflect the amendment as set forth in Section 1 above.
Section 3:
Pursuant to Section 26.84.030 of the Municipal Code, City Council finds that a four step review
process would be redundant and serve no public purpose and approves a consolidated two step
PUD review process.
Section 4:
Pursuant to Sections 26.28, 26.44, 26.52, 26.84, 26.88, 26.92, and 26.100, and subject to those
conditions of approval as specified hereinafter, the City Council hereby grants approval for an
amendment to the Official Zone District Map, Planned Unit Development approval, Subdivision
approval, exemption from the Growth Management Quota System scoring and competition
procedure for affordable housing, approval of the method of providing affordable housing, and
waiver of the land use and park development impact fees, with the following conditions:
.
1. The following amendments to the approved Final Plat and PUD for the Maroon Creek
Club, Book 33, Page 4, and to the Subdivision Improvements Agreement for the
Maroon Creek Club, Book 730, Page 608, shall be made.
A.
In Section 2. (which begins on Page 2 of the agreement) the "Description of
Project" shall be amended to include on Page 4 a new item (iv), to read as
follows:
"(iv) Affordable Housing. On the south side of Highway 82, the Aspen Country
Inn shall be remodeled into an affordable housing project, consisting of
Ordinance No. 16, Series 1997
Page 3
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII~IIIIIIIIIIIIIIIIII
40e61e 06/23/1997 11:!2A ORDINANCE
3 of 9 R 46.00 D 0.00 N 0.00 PITKIN COUNTY CLERK
approximately forty (40) multi-family rental units, including four (4) studio units,
thirty-three (33) one bedroom units, and three (3) two bedroom units."
B.
In Section 3 (which begins on Page 5 ofthe Agreement) the "Project
Construction" shall be amended by the addition of the following language to
Section (a):
"All direct and indirect references to the demolition of the Aspen Country Inn
(including the direct reference in Section 3.b) shall be deleted and shall be
replaced by approval to convert the Aspen Country Inn to affordable housing,
with development associated with said conversion anticipated to occur during
1997."
C.
In Section 15 (which begins on Page 14 of the Agreement), subsection (e) shall be
amended as follows (new language in bold, language to be deleted has been
struck out):
"Upon demolition final approval of this PUD amendment by the City Council
and filing of all ~ppropriate documents with the County Clerk and Recorder,
of the }..spefl Country Inn and provided sueh use is not later restored in
accordance '.vith Section 7 1.13 of the Code, that certain Agreement dated June 1,
1981, and recorded in Book 431 at Page 221 (and exhibits thereto) between the
County and James A. Latham d/b/a Pomegranite Inn shall be terminated and
extinguished. "
This same amendment shall be made to Plat note #20, filed in Plat Book 34, Page 23.
All changes to said documents shall be reviewed by the City Attorney and the City
Manager before recordation.
2. Sentence #1 of condition #1 of the Board of County Commissioners Resolution #93-
104, prohibiting further subdivision of the Maroon Creek Subdivision, shall be
considered void, thereby permitting this subdivision.
3. The applicant shall enter into a contract with the City of Aspen, and any appropriate
utility agencies, for any utility improvements necessary for adequate service. Any
contract with the City shall be approved by the City Attorney and City Council prior
to issuance of a building permit.
4. Any additional utilities, or replacement of utilities, shall meet the design standards of
Section 26.88, and shall be approved by the City Engineer and the relevant utility
Ordinance No. 16, Series 1997
Page 4
111111I1111I11111111111111111I11111I11111I1111I11111111
40eS1! 06/23/1917 11:e2A ORDINANCE
4 of 9 R 46.00 D 0.00 N 0.00 PITKIN COUNTY CLERK
agencies before construction. All utility easements shall be delineated and described
on the final plat.
5. The replaced water service line, sewer service line and all other necessary utilities and
site improvements shall be provided prior to issuance of a certificate of occupancy.
6. The dimensional requirements shall be those of the AHI-PUD zone district and as
follows:
a. Minimum distance between buildings No requirement
b. Maximum height (including viewplanes) 30' to the peak of the original
lobby area, eleven (J 1) feet to the eastern-most edge of the building, and twenty-two (22) feet
to the point twenty (20) feet from the eastern-most edge of the building. Thirty (30) feet for
the remainder of the original lobby area. Twenty-two (22) feet for all other residential
wings.
c.
d.
Minimum front yard
Minimum rear yard
Minimum side yard
Minimum lot width
Minimum lot area
Trash access area
Internal floor area ratio
Minimum percent open space
100'
15'
25'
As represented on the final plat
169,884 squarefeet
10' wide minimum
No requirement
25%
e.
f.
g.
h.
i.
j.
7. Before issuance of a building permit, the applicant shall comply with all aspects of
the Residential Design Standards, Section 26.58 of the Code.
8. Prior to issuance of a certificate of occupancy, the applicant shall provide a legal
instrument of common interest describing the continual care and maintenance of open
spaces, recreational areas and communally-owned facilities and private streets in
compliance with Section 26.88.
9. The applicant shall landscape with trees the parking buffers and landscape the center
of the traffic circle. The applicant shall take into consideration the replacement of the
existing sewer line, and landscape this area with soft landscape treatments only.
10. All lighting of the subject parcel shall be downcast with a standard fixture approved
by the Community Development Director and arranged in such a way as to prevent
direct glare or hazardous interference with adjoining streets or lands.
11. Prior to issuance of a building permit, the applicant shall mitigate problematic traffic
movements associated with the proposed traffic circle, as expressed by City Staff.
The Fire Marshal shall review and approve any changes to said traffic circle.
12. Prior to issuance of a building permit, the applicant shall sign a curb, gutter, and
sidewalk improvements agreement with the City.
Ordinance No. 16, Series 1997
Page 5
I 11111I 1111I 11I11I 11111 1111 11I111 11I111 III 1111I 111I1111
40e61e 06/23/1997 11:e2A ORDINANCE
S of 9 R 46.00 D 0.00 N 0.00 PITKIN COUNTY CLERK
13. Prior to issuance of a building permit, the applicant shall have the building tested for
asbestos. Any abatement measures necessary shall be performed by a certified asbestos
removal fIrm.
14. Prior to issuance of a building permit, the applicant shall meet design standards set
forth in Section 26.88.040 Subdivision, as applicable.
15. Prior to issuance of a building permit, the applicant shall obtain the appropriate access
permit from the Colorado Department of Transportation.
16. A trail easement shall be provided for the proposed trail labeled "future bike path" on
the landscape plan. This easement shall be recorded and described on the fInal plat.
17. Prior to issuance of a building permit, the applicant shall submit a draft plat to the
City Engineering Department for evaluation with all applicable requirements of the
Code, make the appropriate corrections, and record a final plat.
18. The applicant shall monument the property boundaries, pursuant to Section 26.88 of
the Code, and delineate and describe all monuments on the final plat.
19. All utility meters and any new utility pedestals or transformers shall be installed <?n
the applicant's property and not in the public right-of-way. For pedestals, easements
must be provided. Building permit drawings must indicate all utility meter locations.
Meter locations must be accessible for reading and may not be obstructed by trash
storage.
20. Prior to issuance of a building permit, the applicant shall provide a drainage plan
compliant with the "Urban Runoff Management Plan". Any detention basins, or
other such drainage mitigation measures, shall be constructed prior to issuance of a
certificate of occupancy.
21. Prior to issuance of a building permit, the applicant shall pay a $2,405.70 cash-in-lieu
payment for school land dedication.
22. The owner shall maintain 43 parking spaces available to residents year round, without
the encroachment of snow storage, or other obstructions. The applicant shall
designate, in an aesthetically sensitive manner, the drop-off area as 20 minute
temporary parking and all other vehicular access ways as no parking areas, especially
the access road to the Pomegranite Condominiums. The owner shall landscape the
parking buffer areas with trees to further differentiate the parking area visually, and to
provide summer shade. All parking spaces, snow storage areas, trash areas, and trash
access ways shall be clearly delineated on the final plat.
Ordinance No. 16, Series 1997
Page 6
I 11111I 1111I IIIIII 11111 1111 ""II "'III '" 111111'" IIII
40eSle 06/23/1997 11:e2A ORDINANCE
6 of 9 R 46.00 D 0.00 N 0.00 PITKIN COUNTY CLERK
23. Before issuance of a building permit, the applicant must obtain tree removal permits
from the Parks Department for the two large aspen trees to be removed.
24. The applicant must gain the appropriate approvals from the City Water Department
before any alterations to the Stapleton Ditch.
25. The applicant shall not be responsible for any land use application fees or water tap
fees associated with this development. The applicant shall cooperate with the City
Parks Department in determining the appropriate park dedication fee, not to exceed
$84,215, considering the applicant's on-site public park and trail improvements.
26. The City Council hereby grants an exemption from the scoring and competition
procedures of the growth management quota system for forty (40) affordable housing
units and deducts these units from the annual pool of development allotments.
27. The project shall consist of forty (40) affordable housing units deed restricted to
Categories 1 and 2. Priority shall be given to qualified seniors for between twenty-
four (24) and forty (40) of these units. Upon vacancy of any unit, to maintain to the
extent possible between twenty-four (24) and forty (40) of the units in senior
occupancy, priority shall be given in the following manner: A. Qualified seniors
occupying units within the City's affordable housing inventory; B. Qualified
seniors; C. Qualified residents.
28. Any change to the Housing Authority's policy, as outlined in condition #27 above,
shall be considered an insubstantial amendment, subject to approval by the City
Council. Any other amendment to this approval shall be subject to all applicable
Municipal Code Sections.
Section 5:
All material representations and commitments made by the developer pursuant to the development
proposal approvals as herein awarded, whether in public hearing or documentation presented before
the Growth Management Commission, Planning and Zoning Commission, and 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 other specific conditions.
111111111111111111111111111111I1111I1111111111111111111
40eSle 06/23/1997 11:!2A ORDINANCE
/-'" 7 of 9 R 46.00 D 0.00 N 0.00 PITKIN COUNTY CLERK
Ordinance No. 16, Series 1997
Page 7
Section 6:
This Ordinance shall not effect 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 7:
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 8:
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 9:
A public hearing on the Ordinance shall be held on the 27th day of May, 1997 at 5:00 in the City
Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a
public notice of the same shall be published in a newspaper of general circulation within the City of
Aspen.
111111I 1111I 111111 11111 1111 1fI111 11I111 11I11111 1111 1111
40e81e 01/23/1997 11:e2A ORDINANCE
8 of 9 R 46.00 D 0.00 N 0.00 PITKIN COUNTY CLERk
Ordinance No. 16, Series 1997
Page 8
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the 5th day of May, 1997.
Approved as to form:
Approved as to content:
7 ?
.,4:1;;:/~/,d6.' &,/ blc(;{
~/
City Attorney
~
l2~~__;.;I{
;,7 _ -...-
John Bennett, Mayor
',' A' ""1 1 ~"\ \. rr' t '"
li,.. ::1", V l I I \J
FINALLY, adopted, passe~~~~fT1\}r~ ~J pf ~ 1997.
Approved as to form: , "', t.. i )""~ rJ ~ 1 3 Apw~ved as to content:
. , ""', t ") ~ j v \..~ ("j f'\
;. ,i :.." 7, \, \.- ..,.'fi .... . WI" ;.
/~:>>I'~ h,4/N f4- (3 ~~ ;:1:tf
City Attorney John Bennett, Mayor
. ~:"o, 'A';~
. Attestt.. ". A,.. ':-'., '\,\
...: ~~. 00. "t, ~ \
fi," /..'/#-r~ .'. ~ "\ ~~
~ .t.. 0.:. I
~, .l:; . -
Ordinance No. 16, Series 1997
Page 9
111111I 1111I 111111111111111 11I111 1lI111 III 11111 1111 1111
40e61e 06/23/1997 II:e2A ORDINANCE
9 of 9 R 46.00 D 0.00 N 0.00 PITKIN COUNTY CLERk