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HomeMy WebLinkAboutordinance.council.025-97 ORDINANCE NO. 25 (SERIES OF 1997) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING REZONING FROM PARK-PLANNED UNIT DEVELOPMENT (P-PUD) TO PUBLIC-PLANNED UNIT DEVELOPMENT (PUB-PUD), FINAL PLANNED UNIT DEVELOPMENT APPROVAL, AN EXEMPTION FROM THE GROWTH MANAGEMENT COMPETITION AND SCORING PROCEDURES FOR AN EXPANSION OF AN ESSENTIAL PUBLIC FACILITY AND DEVELOPMENT OF ONE AFFORDABLE HOUSING UNIT, AND APPROVAL OF THE METHOD IN WHICH AFFORDABLE HOUSING IS TO BE PROVIDED, FOR THE PARKS/GOLF MAINTENANCE BUILDING, 585 CEMETERY LANE, CITY OF ASPEN, PITKIN COUNTY, COLORADO WHEREAS, The City of Aspen Parks Department (applicant) submitted an application (development proposal) to the Community Development Department for the development of approximately 14,660 additional square feet for City offices, the storage and maintenance of City equipment, and an on-site employee dwelling unit at the Parks Department offices, 585 Cemetery . Lane; and, WHEREAS, the applicant has requested a rezoning of a 4.654 acre portion of the parcel, as described in Exhibit A, from P-PUD (Park-Planned Unit Development) to PUB-PUD (Public- Planned Unit Development) in conjunction with an application for Final Planned Unit Development approval, Conditional Use 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 a waiver from the "Residential Design Standards"; and, WHEREAS, the Planning Department, the Housing Authority, the City Engineer, the Fire Marshal, the Environmental Health Department, and the Aspen Consolidated Sanitation District reviewed the development proposal in accordance with all applicable procedure and review criteria set forth in Sections 26.28, 26.32, 26.52, 26.56, 26.58, 26.64, 26.84, 26.92, 26.100, and 26.102 of the Municipal Code; and, WHEREAS, the Growth Management Commission conducted a public hearing on July 15, 1997, in accordance with Section 26.52 of the Municipal Code, reviewed and considered the Ordinance No. 25, Series 1997 Page 1 development proposal in accordance with those procedures set forth in Sections 26.52, 26.100, and 26.102 of the Municipal Code, and made a recommendation to the City Council in accordance with Sections 26.100, and 26.102 of the Municipal Code; and WHEREAS, the Planning and Zoning Commission conducted a public hearing on July 15 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, 26.58, 26.64, 26.84, and 26.92 of the Municipal Code, approved, with conditions, the Amendment to the Official Zone District Map, Final Planned Unit Development, Special Review, Conditional Use, and "Residential Design Standards" waiver and recommended to Council approval of the Amendment.to the Official Zone District Map and Final Planned Unit Development approval, with conditions; and, WHEREAS, the Aspen City Council reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified in Sections 26.28, 26.52, 26.84, 26.92,26.100, and 26.102 of the Municipal Code, 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 held July 28, 1997; 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 purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1: . That it does hereby grant an amendment to the Official Zone District Map for the portion of the subject parcel, as described in Exhibit A, from P-PUD (Park-Planned Unit Development) to PUB- Ordinance No. 25, Series 1997 Page 2 PUD (Public-Planned Unit Development). The area remains part of the Golf Course parcel and is not a separate lot. 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 Sections 26.28, 26.52, 26.84, 26.92, 26.100, and 26.102, 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, Final Planned Unit Development approval, exemption from the Growth Management Quota System scoring and competition procedure for essential public facilities and affordable housing, and approval of the method of providing affordable housing, with the following conditions: 1. The application is approved for the development of an additional 14,660 square feet, bringing the total to approximately 20,385 gross square feet for the site. Included in this addition is approximately 1,116 square feet of office space, an approximately 12,944 square foot storage and maintenance building, and a 600 square foot Category 2 dwelling unit. Because the maintenance facility and affordable housing uses are conditional, any expansion to the conditional uses shall be subject to all applicable Municipal Code Sections, as amended. The site shall be landscaped consistent with the submitted landscape plan unless a subsequent plan is submitted and approved. 2. The City Council hereby grants an exemption from the scoring and competition procedures of the growth management quota system for the development of essential public facilities and one (1) affordable housing unit. The housing unit is deducted from the annual pool of development allotments. 3. The City Council hereby amends this portion of the Official Zone District Map from Park (P) to Public (PUB). The area remains part of the Golf Course parcel and is not a separate lot. 4. The dimensional requirements of this portion of the parcel zoned Public shall be: Minimum distance between buildings: No requirement. Maximum height (including viewplanes): As represented in application Minimum front yard: 25 feet. Minimum rear yard: 20 feet, 10 feet for residential. Ordinance No. 25, Series 1997 Page 3 Minimum side yard: Minimum lot width: Minimum lot area: Trash access area: Internal floor area ratio: lOfeet. No requirement. No requirement. 10 feet wide, unobstructed No requirement. 5. Prior to issuance of a building permit, the applicant shall record a plat amendment in accordance with the City Engineer. The plat shall delineate all site improvements, boundaries of the Public zone district for the property, utility locations and easements, and the employee dwelling unit and associated parking space. The plat shall include the following language in the Notes section: "This plat is intended to delineate the zone district boundaries and the proposed improvements and amendments to the Parks and Golf Maintenance facility. This plat does not create a separate lot of record" The applicant is strongly encouraged to work with the City Engineer in drafting the final plat. 6. Before issuance of a building permit, the applicant shall file a sidewalk curb and gutter agreement with the City Engineering Department. The applicant shall maintain at least five (5) feet along street frontages clear of any obstructions. The applicant is encouraged to pave the existing dirt path joining the bike path and the bus shelter on Highway 82. 7. Before issuance of a building permit, the applicant shall record a Category 2 deed restriction on the employee residential unit with the Housing Authority. The remaining .5936 employees shall be mitigated off-site at Water Place Housing. The City Manager shall document the number of units, bedrooms, and deed restriction at Water Place Housing with the Housing Authority for the purpose of establishing an "employee mitigation bank" for City projects requiring employee mitigation. 8. Prior to issuance of a building permit, the applicant shall complete a line extension request and a collection system agreement with the Aspen Consolidated Sanitation District. Any easement required by the ACSD shall be dedicated and delineated on the final plat. The final drainage plan shall be approved by the City Engineer. 9. All on-site drainage, surface run-off, and groundwater are prohibited from the public sewer. Oil and sand interceptors shall be installed for the wash bays and must be covered with a roof structure if they are served by the public sewer. All pesticides and fertilizers shall be stored, used, disposed of, and prevented from entering the ground water, surface water, or the public sewer in an appropriate manor acceptable to the Environmental Health Department, the City Fire Marshall, and the Aspen Consolidated Sanitation District. 10. Prior to issuance of a building permit, the applicant shall submit an air quality mitigation plan subject to the approval of the Environmental Health Department. All air quality mitigation measures shall be implemented prior to issuance of a certificate of occupancy. Ordinance No. 25, Series 1997 Page 4 11. Prior to issuance of a building permit, the applicant shall submit a fugitive dust control plan including, but not limited to, fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads, speed limits, and other measures necessary to limit dust. 12. Any asbestos abatement measures necessary shall be performed by a certified asbestos removal firm. 13. Any areas on-site where a vehicle or equipment will idle must have adequate ventilation. If the ventilation is internal, the system must be designed by a Registered Professional Engineer. 14. The applicant shall manage and conduct activities on site in such a manner as not to create a nuisance, or allow noise levels in excess of those permitted levels as set forth in the Municipal Code. 15. Prior to issuance ofa building permit, the applicant shall obtain approval from the City Fire Marshall for specific requirements associated with the storage of hazardous materials, sprinkling, and alarm systems. 16. Lighting shall be primarily in the interior courtyard area of the facility with limited lighting in all other areas, especially on the north and west sides of the facility. Lighting shall be downcast. 17. The applicant shall review the use and any physical alterations to the existing irrigation ditch with the City Water Department. Section 4: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or docwnentation 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. Section 5: 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. Ordinance No. 25, Series 1997 Page 5 .--- Section 6: 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 7: 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 8: A public hearing on the Ordinance shall be held on the 28th day of July, 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. Ordinance No. 25, Series 1997 Page 6 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 14th day of July, 1997. Approved as to form: Approved as to content: ;r-, I?~- City Attorney John Bennett, Mayor Attest: ~.:.~~ FINALLY, adopted, passed and approved this.A1 day of~ 1997. Approved as to form: App<<ved~ to content: &?/I#7~ City Attorney ~/~~ I John Bennett, Mayor Attest: ~~~4L Kathryn S och, City Clerk Attachment: Exhibit A -- legal description of area to be rezoned. Ordinance No. 25, Series 1997 Page 7