HomeMy WebLinkAboutordinance.council.039-03 ORDINANCE NO. 39
(SERIES OF 2003~
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN
GRANTING FINAL LAND USE APPROVALS AND GRANTING A
DEVELOPMENT ORDER WITH CONDITIONS FOR THE PUPPY SMITH
AFFORDABLE HOUSING PROJECT OF THREE AFFORDABLE HOUSING
UNITS (ONE FOR CITY OF ASPEN EMPLOYEE AND TWO FOR APCHA
LOTTERY), INCLUDING FINAL PUD DEVELOPMENT, GMQS EXEMPTION
FOR AFFORDABLE HOUSING. SUBDIVISION, SUBDIVISION EXEMPTION
AND SPECIAL REVIEW FOR A THREE UNIT AFFORDABLE HOUSING
PROJECT IN THE CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID #2737-073-03-851
WHEREAS, the Aspen City Council. pursuant to Resolution No. 112, Series of
2000, adopted August 28th, 2000. determined eligible for the City's development for the
Convenience and Welfare of the Public (COiWOPI review process the development of
certain real property (hereinafter the "Project") owned by the City of Aspen. for the
purpose of providing deed restricted affordable housing; and,
WHEREAS, the COWOP land use rewew process, Section 26.500 of the City of
Aspen Land Use Code. was created and adopted by the City of Aspen to allow the
planning of projects of significant community interest, when determined necessary by the
City Council according to said Section. to evolve an iterative process considering input
from neighbors, property owners, public officials, members of the public, and other
parties of interest, and assembling a Puppy Smith COWOP Task Force Team. providing
recommendations directly to City Council: and.
WHEREAS, the Puppy Smith COWOP Task Force Team was comprised of
residential and business neighbors of the Project, representatives of the City of Aspen
City Council, a representative of the City of Aspen Planning and Zoning Commission. a
representative of the City of Aspen Historic Preservation Commission, a representative of
the AsperffPitkin County Housing Authority Board, a representative of the Aspen Center
for Environmental Studies (ACES), a representative of the Infill Advisory Group, and
members of the general public. The City of Aspen Community Development Director
assigned the Deputy Director to serve as the chair of the Task Force Team, in compliance
with the requiremems of Section 26.500 of the Aspen Land Use Code. The
responsibilities of the COWOP Task Force Teana were approved by the City of Aspen
City Council, pursuant to Resolution 112, Series of 2000; and.
WHEREAS, the COWOP review process enabled the planning and design of the
Project to reflect essential community goals and values, taking into consideration various
opinions and expressed points-of-view from neighbors, the land owner, and citizens; and,
WHEREAS, the COWOP land use review process does not and has not lessened
any public hearing, public noticing, or any critical analysis or scrutiny of the project as
would otherwise be required; and,
Puppy Smith COWOP
Ord, No. 39, Series of 2003 Page 1
WltEREAS, the Puppy Smith COWOP Task Force Team met five (5) times,
each time for approximately three (3) hours, at legally noticed public hearings, to identify
the site's opportunities and constraints, to finalize specific elements of the development
program, and to prepare a site plan, after considering technical advise from various
professional staff of essential City, County, and utility and service providers. The
COWOP Task Force Team forwarded a recommendation to the City Council within the
staff memo to City Council dated August 11, 2003; and,
WHEREAS, the Project is consistent with the Goals and Objectives of the 2000
Aspen Area Community Plan, especially those goals relating to allowing development,
especially affordable housing, to be built.within the Urban Growth Boundary and within
proximity to transit and other services to address the needs of the new residences; and,
WHEREAS, the Project meets with the development standards as required by the
Aspen Municipal Code unless waived or altered through the PUD process and part of the
site specific development plan as put forth in the Asset Management Department's
Application; and,
WltEREAS, pursuant to Sections 26.304 and 26.500 of the Land Use Code, City
Council may approve, approve with conditions, or deny all requisite land use approvals
necessary to grant a development order for a proposed development determined ehgible
for COWOP land use review upon a recommendation from the Community Development
Director and consideration of comments offered by the general public at a duly noticed
public hearing; and,
WHEREAS, the City of Aspen Community Development Director has reviewed
the proposed development in consideration of the recommendations of the COWOP Task
Force Team, the requirements of the land use code, and comments from the City Engineer
and applicable referral agencies and has recommended approval With conditions and
minor modifications of all necessary land use approvals for granting a development order
for the proposed Project including Final approval of a COWOP Land Use Review, Final
PUD, Subdivision and Subdivision Exemption'for Condomininmizatiun, Residential
Design Review, Final Growth Management Exemption, and Special Review for
Affordable Housing Parking subject to conditions of approval as described herein; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Puppy Smith COWOP Task Force
Team, the Community Development Director, the applicable referral agencies, and has
taken and considered public comment at a public hearing; and,
WI-IEREAS, 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; however, the City Council directed that the development plan design and
layout be brought back to City Council for further review and evaluation, and,
WltEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
Puppy Sm/th COWOP
Ord. No~ 39, Series of 2003 Page 2
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO as follows:
The Puppy Smith Affordable Housing COWOP Project is hereby granted all necessa~ land
use approvals including Final approval of a COWOP Land Use Review. Final PUD,
Subdivision and Subdivision Exemption for Condominiumization, Residential Design
Review, Final Growth Managemem Exemption. and Special Review for Affordable
Housing Parking subject to conditions of approval as described herein. This approval
does not grant final design approval of the development project which will be determined
and formalized through further actions of the City Council through enactment of an
ordinance
Section 1: Approved Proiect
The Project shall include three (3) deed restricted affordable housing units as described
on the Final PUD Plans. The units will be deed restricted in accordance with
AsperffPitkin County Housing Authority (APCHA) Guidelines. One unit shall be deed-
restricted for use by an employee of the City of Aspen and two units shall be made
available through the APCHA lottery in accordance with the Affordable Housing
Guidelines. The approval is hereby conditioned with the requirement for the project to
gain Final Design Approval by the City Council in a public heating.
Section 2: Approved Proiect Dimensions
The following approved dimensions of the project shall be reflected in the Final PUD Plans
once Final Design Approval is granted:
Accordin Final PUD architectural
Section 3: Development Plan Amendments:
Amendments to the development plan as recommended by the Puppy Smith COWOP
Task Force Team and Staff shall be incorporated into the final development plan if still
applicable to newly proposed layout and design, as follows:
c> The Applicant shall flip the floor plan of the duplex units on Lot 2 so that the
kitchens and dining rooms shall be located on the main level with the living
moms and the bedrooms that were shown on the m~tn level shall be relocated to
the basement.
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Ord. No. 39, Series of 2003 Page 3
o A sidewalk (with stairs if necessary) from the front patio of the duplex units to the
rear patio area shall be constructed.
o The Applicant shall add balconies to the main level of the duplex units on the
sides to break up the apparent mass of the structure as can be seen from the Rio
Grande Trail.
o The Applicant shall install grates over the window wells in the basement of the
duplex.
o Landscaping Plan
Section 4: Parking
Parking space requirements per unit shall be determined at the time of Final Design
Approval by the City Council.
Section 5: Impact Fees
Park Impact Fees will be waived for this project.
School Impact Fees are assessed based on one-third the value of the unimproved land
divided by the proposed number of residential units on a per acre basis. The City of
Aspen will need to verify the unimproved land value of the lands underlying the Project
from recent transactions, an appraisal and/or information from the Pitkin County
Assessor: One-third of this value divided by the proposed three (3) units would constitute
the required payment that would be due prior to Building Permit issuance. The subject
subdivision is not conducive to locating a school facility and a cash-in-lieu payment shall
be accepted. All School Impact Fees will be payable at a time prior to the issuance of the
first Building Permit.
Section 6: Water Department Requirements
The Applicant shall comply with the City of Aspen Water System Standards, with Title
25, and with 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.
Section 7: Aspen Consolidated Sanitation District
The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and
regulations. If new sewer lines are required, then the existing service must be excavated
in the alley and disconnected at the main sewer line. No clear water connections (roof,
foundation, perimeter drains) shall be allowed to ACSD lines. All improvements below
grade of the elevation of the sewer main shall require the use of a pumping station.
Puppy Smith COWOP
Ord. No. 39, Series of 2003 Page 4
Section,8:PM10 Mitigation and Transportation Options Program
The City of Aspen considers the following characteristics of the project as properly
mitigating the increases in PM10: Close proximity to a transit stop, close proximity to such
residential services such as groceries, banking, and restaurants, close proximity t6 school
bus stops, and ?roposed pedestrian trail connections to a main trail corridor in Aspen.
Section 9: Ground Water Analysis
The applicant undertake the following and show evidence that the ground water issues
can be adequately overcome, with approval by the Community Development Engineer,
prior to the issuance of a building permit.
1. Conduct a shallow monitoring well study during the summer of 2003 or
(during another peak groundwater time as detemfined by the Community
Development Engineer) to determine height of the ground~vater;
2. Work with the Parks Department to determine whether the ground water
elevation will be raised by the Jenny Adair project and would cause a negative
effect on the Puppy Smith plan; and
3. Conduct a geotechnical/soils investigation and report to determine the affect
that the high groundwater table will have on the buildings.
Section 10: Vested Rights
Once the Final Design has been approved by the City Council, the development approvals
granted herein and through the Final Design Approval shall constitute a site-specific
development plan vested for a period of three (3) years from the date of issuance of a
development order. Such development order shall not be issued until the final design is
approved by City Council.
Section 11: Condominiumization
Condominiumization of any structure shall be approved upon meeting the condominium
plat requirements. Such condominium plat shall meet with both state and local submittal
and recordation requirements. Such plat shall be reviewed, and if found to be acceptable,
approved administratively by the Community Development Department and recorded in the
records of the Pitkin County Clerk and Recorder's Office at the expense of the Applicant.
Section 12: Subdivision Plat & Final PUD Plan Requirements
Within 180 days after Final Design Approval by City Council and prior to applying for a
Building Permit, the applicant shall record a Subdivision Plat and a Final PUD
Development Plan. Such plat and plan shall meet with the required submittal requirements
pursuant to the requirements of the Aspen Municipal Code.
The Subdivision Plat shall include:
1. All new easements for utility, parking, and any other public purposes as shown in
the PUD plan.
Puppy Smith COWOP
Ord. No. 39, Series of 2003 Page 5
2. The applicant shall provide the final approved Subdivision line data or survey
description data describing the revised parcel boundaries to the Geographic
Information Systems Department prior to applying for a building permit. The final
building location data, including any amendments, shall be provided to the GIS
Department prior to issuance of a Cefffficate of Occupancy for any of the residential
units.
The Final PUD Plans shall include:
1. The PUD title.
2. An illustrative site plan with dimensioned building locations. Adequate snow
storage areas shall be depicted.
3. A landscape plan showing location, amount, and species of landscape improvements
with an irrigation plan with a signature line for the City Parks Department.
4. An architectural character plan demonstrating the general architectural character of
each building depicting materials, fenestration, projections, and dimensions.
5. A utility plan meeting the standards of the City Engineer and City utility agencies.
The City Water Department reqmres one meter and one billing account for each
unit~
6. Construction details for improvements To the public rights-of-way, including utility
improvements.
7. A grading/drainage and storm water management plan with any off-site impacts and
improvements specified. Such plan shall be reviewed by and meet with the
approval of the City of Aspen Community Development Department Engineer.
8. An exterior lighting plan meeting the requirements of Section 26.575.150.
Section 13: Subdivision/PUD Agreement Requirements
Within 180 days after Final Design Approval by City Council and prior to applying for
Building Permit, the applicant shall record a SubdivisiordPUD Agreement binding this
property to this development approval. The Agreement shall include the necessary items
detailed in Section 26.445.070 and 26.480.070., in addition to the following:
1. The PUD agreement shall state the ownershiP and maintenance responsibilities of
the common areas of the condominium/zed duplex, parking, landscaping, utility,
storm water, and any other utility or common improvement of the project.
2. An estimated construction schedule with estimated schedules for construction
phases affecting city/county streets and infrastructure and provisions for noticing
emergency service providers, neighbors, and other affected pa~ies.
3. The off-site parking alternative for the duplex units that is discussed in Section 4
of this Ordinance shall be detailed in the agreement.
Section 14: Building Permit Requirements
The building permit application shall include/depict:
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Ord. No. 39, Series of 2003 Page 6
1. A letter fi:om the primary contractor stating that the approving Ordinance has been
read and understood.
2. A signed copy of the final Ordinance granting land use approval.
3. A fugitive dust control plan approved by the Environmental Health Department
which addresses watering of disturbed areas including access roads, perimeter silt
fencing, asmeeded cleaning of adjacent rights-of-way, speed limits within and
accessing the site, and the ability to request additional measures to prevent a
nuisance during construction. The applicant shall wash tracked mud and debris
fi:om the street as necessary, and as requested by the City Engineer, during
construction. The applicant shall provide phone contact information for on-site
project management to address construction impacts to the City of Aspen Building
Department and Pitkin County Engineering Department.
A construction management and parking plan meeting the specifications of the City
Building Department.
5. Evidence that the development project meets mirfimum score as is required by the
Efficient Building Program score sheet.
6. Evidence that all utility, incinding water, sanitation fees are paid.
Section 15: Future Pro.iect Amendments
Future requested amendments to the Project shall be reviewed according to the procedures
and limitations of the Land Use Code for amending a Final PUD Plan; however, unless the
amendment can be handled administratively, the review authority shall rest with the City
Council.
Section 16:
All material representations and commitments made by the Applicant pursuant to the
development proposal approvals as herein awarded, as presented in public hearing or
documentation before the Aspen City Council. are hereby incorporated in such plan
developmem approvals and the same shall be complied with as if fully set forth herein,
unless amended by other specific conditions.
Section 17:
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 18:
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 19:
Puppy Smith COWOP
Ord. No. 39. Series of 2003 Page 7
That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this
orc[~nance in the office of the Pitkin County Clerk and Recorder.
Section 20:
A public hearing on the Ordinance was held on 25th day of August and the 8~ of September.
2003, at 5:00 in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15)
days prior to w~ch hearing a public notice of the same was published m a newspaper of
general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 8th day of September, 2003.
Kathryn S. ~ch, City Clerk Helen Kalin Klan~erud, Mayor
FINALLY, adopted, passed and approved this 8th day of September, 2003.
Attest:
~t~ Cler~
Approved as to form:
o~J'~n ~or~est~'r, City Attorney
Puppy Smith COWOP
Ord. No. 39, Series of 2003 Page 8