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HomeMy WebLinkAboutordinance.council.021-03Ordinance No. 21 SERIES OF 2003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING A CONSOLIDATED CONCEPTUAL / FINXL pLANNE~ UN~ ~E~LOPMENT, SUBDIVISION EXEMPTION, REzoNING T° AH)PUI~8040 ~G~E~iN~, GMQs EXEMPTION, SPECIAL REVIEW AND WAIVER OF THE RESIDENTIAL DESIGN STANDARDS FOR THE LITTLE AJAX HOUSING PROJECT LOCATED ON THE 600 BLOCK OF HOPKINS AVENUE Parcel No. 2735-124-00-003 WHEREAS, the Community Development Director received an application from Aspen GK, LLC, owner, represented by Joe Wells, for a Consolidated Conceptual / Final Planned Unit Development approval for an affordable housing project at the 600 block of West Hopkins Avenue, City of Aspen; and WHEREAS, the owner renamed the project which received Conceptual Planned Unit development approval from "New West Hopkins Affordable housing Project" to "Little Ajax Housing Project" for this Consolidated Conceptual and Final PUD; and WHEREAS, the owner of the "Little Ajax Housing Project" requests additional land use approvals including Subdivision Exemption, Rezoning to AH/PUD, 8040 Green line Review, GMQS Exemptions, Residential Design Standards Review, and Special Review as part of the Planned Unit Development review for this project; and WHEREAS, the subject property is approximately 53,187 sq. ft. is located partially in the City of Aspen and partially in Pitkin County (currently under petition for annexation), and is located in the R- 15 zone district for both jurisdictions; and WHEREAS, the applicant received Conceptual Planned Unit Development approval from the Aspen CitY Council on February 12, 2001 which ~s memorialized via Resolution No. 19, Series 2001, but did not submit a timely final application and therefore requested a consolidated review for conceptual and final; and WHEREAS, the Community Development Director determined that this Consolidated Conceptual and Final PUD shall effectively serve as the Final Planned Unit Development for this project because of a significant community interest which the project would serve and that the four-step PUD process would be redundant and serve no public purpose since the development proposal received Conceptual PUD approval from the Planning Commission and City Council and has undergone minor changes as currently submitted; and WHEREAS, pursuant to Section 26.445, dUring a duly noticed public hearing held on August 6, 2002, and after considering a recommendation from the Community Development Director; comments from the general public,' and recommendations from relevant referral agencies the Planning and zoning Commission voted, by a six to zero (6 to 0) vote, to recommend City Council approve the Little Ajax Housing Project Consolidated Conceptual / Final Planned Unit Development with conditions; 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 the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Municipal code, the Little Aiax Housing Project, consisting of four (4) free market townhome units, eleven (11) affordable h~)using units and two (2) Accessory Dwelling Units (ADUs), is hereby granted Consolidated Conceptual/Final Planned Unit Development, Subdivision Exemption, Rezoning/zoning to AH/PUD-Affordable Housing, 8040 Greenline, GMQS Exemption, Special Review and Waiver of the Residential Design Standards, subject to the conditions of approval described hereinafter. Section 2 The Official Zone District Map of the City of Aspen shall be, and is hereby, amended by the Community Development Director to reflect the subject property as included in the Affordable Housing (AH) with a Planned Unit Development (PUD) Overlay, pending the annexation of the portion of the subject property currently located in Pitkin County into the City of Aspen. Section 3 Conditions of Approval: 1) This approval is contingent upon the annexation by the City of Aspen of that portion of the subject property that is located within and under the jurisdiction of Pitkin County. 2) Within 180 days after final approval by City Council and prior to applying for a building permit, the Applicant shall record in the office of the Pitkin County clerk and Recorder, a Subdivision Plat and Final PUD Development Plan. The Subdivision Plat shall include all easements and required signature blocks. The Final PUD Development Plan shall include an illustrative site plan, landscape plan, architectural character plan, utility plan, and a grading/drainage mitigation plan. 3) Within 180 days after final approval by City Council and prior to applying for a building permit, the Applicant shall record in the office of the Pitkin County Clerk and Recorder, a Subdivision/pUD Agreement binding the subject property to this development approval. 2 4) The Applicant shall utilize a specialist to conduct a geophysical investigation and prepare a report regarding the location of any remnant mineshaft in order to determine the potential for subsidence. This report shall be submitted for review by the Community Development Department prior to the issuance of full structural building permits. 5) The Applicant shall contact the Colorado Geologic Survey to conduct a final site analysis and report regarding potential rock fall hazard and potential subsidence issues, including the implications of a potential mine portal, for review by the Community Development Department prior to the issuance of building permits. 6) The Applicant shall provide easement a 10 foot wide public trail easement with one foot On either side as a maintenance/snow storage easement for the lower trail across the property. The trail shall be installed by the owner with a surface type to be determined in conjunction with the~ Parks Department. The public trail shall be separate from the residential walkway on the south side of the South Building AH units. 7) The Applicant shall complete all the necessary tree removal permits and pay the applicable tree removal mitigation fees to the City of Aspen Parks Department prior to the submission for building permits. 8) The Applicant shall file a deed restriction with the Aspen/ Pitkin County Housing Authority for the two (2)' Accessory Dwelling Units prior to the final inspection for the four free market units on Parcel 2. 9) In order to minimize the area of disturbance and tree removal due to development, the Applicant shall amend the "boundary area for disturbance" line on Landscape Plan, S-101, dated 2/21/03, and move the boundary down-slope to a point aligning with the southern edge of the patios of the free market housing. 10) Prior to the issuance of any building permit, the Applicant shall provide the Environmental Health Department with a plan for testing, handling and disposing of soils encountered on-site. The Applicant shall provide the City with a mine waste testing and handling plan that complies with the following conditions of approval as memorialized in Ordinance No. 25, Series 1994 regarding the handling of any contaminated soils encountered on the property prior to the application for building permits: Any disturbed soil or material 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 need not be removed if the City's Environmental Health Department finds that: 1) the excavated material contains less than 1,000 parts per million (ppm) of total lead, or 2) 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. 3 b) 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 State and/or Federal transportation and disposal permits. c) 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. d) Vegetable and flower gardening and cultivation. No vegetables or flowers shall be planted or cultivated within the boundaries of the site except in garden beds consisting of not less than twelve (12) inches of soil containing no more than 999- ppm lead. e) Landscaping. The planting of trees and shrubs and the creation or installation of landscaping features requiring the dislocation or disturbance of more than 1 (1) cubic yard of soil shall require a permit as provided in Section %143 (4). Any contaminated soil or mine waste rock to be left on-site shall be placed under structures or pavement. Soils used in landscaped areas or engineered fills shall be covered by a minimum of 1 foot of clean soil that contains less than 1,000 ppm lead.) 11) The Applicant shall comply with the established Planned Unit Development dimensional requirements for the Affordable Housing / Planned Unit development (AH/PUD) zone district as follows: '~inimum Lot Size (square feet) '" 13,939 sq. ft. ' 39,204 sq. ft. ! Minimum Lot Area per Dwelling 1,267. sq. ft. . . ~ 9,801 sq.. ft. - Unit Maximum Allowable Density Minimum Lot Width Minimum Front'yard SetbaCk Minimum West Side Yard SetbaCk Minimum East Side Yard Setback Minimum Rear Yard SetbaCk Maximum Site Coverage Maximum Height Minimum Distance b/w Buildings (4) 1-bedroom unitsx 500 sq, ft,/Mit (3) 2-bedroom units x 1,000 sq. ft. / unit (4) 3-bedroom units x 1,500 sq. ft. / unit 115 feet 5 feet 5 feet 0 feet 20 feet 6,723 sq. ft. North Building: 24.1 feet South Building: 32 feet 15 feet (2) 3-bedroom units x 1,500 sq. ft. (2) 4-bedroom units x 2,000 sq. ft. 20 feet (at access point) 35 feet 5 feet 5 feet 40 feet 7,109'sq. ft 33.5 feet 15 feet unit unit 4 Minimum Percent of Open Space Trash Access Area ' Allowable Floor Area (FAR) Minium Off street Parking 55% I55% ~ On each end of the free market building and at the east end of the south AH building Total Allowable: 12,716 sq. ft. Total Allowable 17,278 sq. ft. 15 parking spaces . .[ 10 Parking spaces 12) The AppliCant shall be required to provide a sidewalk, curb, and gutter at the time of this development as shown on the proposed development plans. These improvements shall be designed using the City's engineering standards. In addition, the tree species and landscaping to be provided in the planter strip between the curb and gutter and the sidewalk shall be approved by the City Parks Department. 13) The Applicant shall install and maintain the Bruge fence as recommended in the CTL/ Thompson, Inc. Environmental Site Assessment Report, dated February 21, 2001, in order to protect the buildings from potential rock falls. 14) The Applicant shall provide the City Community Development Department Engineer with a drainage and grading plan as part of the building permit application in order to determine that storm water runoff detention for post-development flows do not exceed pre-development flows. 15) The Applicant shall contact the City's Zoning Officer in order to determine an appropriate street name for the entrance to the property in order to assist emergency vehicle response. 16) The Applicant shall calculate the established a!lowab[e roof height from existing grade, not the grade after the site has been re-graded. 17) The Applicant shall install sprinkler systems and alarms pursuant to the regulations of the City Fire Department and shall specify in the condominium covenants that the use of charcoal grills are not permitted on decks and balconies with the project. The Applicant shall inform the City Water Department regarding the sprinkler requirements prior to the application for building permits. 18) The Applicant shall re-seed disturbed areas with natural vegetation pursuant to the recommendation of the City Parks Department. The Applicant may obtain these seed mixes from the Parks Department. 19) The Applicant shall provide an erosion control plan to the City Parks and Engineering Departments. Specifically, the Applicant shall install 1) silt fencing and hale bales across the middle and front of the property below disturbed areas and 2) fencing to protect existing vegetation. 2o) The Applicant shall submit a detailed set of revised infrastructure plans showing the location and construction details of all infrastructure to be installed in the public right of.way, storm water management improvements, cross sections of the driveway (including driveway retaining wall) and the Applicant shall submit "as-built" drawings to the Engineering, once construction is completed. 21) The Applicant shall submit a detailed landscaping plan to the Parks Department prior to the application for building permits that indicates the specifications for the irrigation system and plant species that will be located in the public ROW. 22) The Applicant shall include appropriate language in the SIA/PUD Agreement for Lot 1 and its associated condominium documentation regarding the homeowner's association for Lot 1 (to be reviewed and approved by Staff) that ensures that the 11 AH units shall comply with the conditions of this Final PUD ~Approval, and comply with the required .deed restrictions as administered by the Aspen/Pitkin County Housing Authority so that the owners of said units shall not be unduly burdened by a disproportionate share of responsibilities associated with the ownership of these units. 23) The Applicant shall complete and provide the Aspen Consolidated Sanitation District with a "Line Extension Request" and a "Collection System Agreement" for the main line extension. In addition, since all of the units will be condominiumized, the Applicant shall obtain a Shared Service Agreement for the owner of each unit. The SIA/PUD agreement shall note that if the West Hopkins Street sewer main crosses the Little Ajax property, the sewer line must be re-located into the public right-of-way at the developer's expense. 24) The Applicant shall provide a handling and waste disposal plan that complies with City Environmental Health Department requirements for the abandonment of the existing septic system. This plan shall be provided to' and approved by the City Environmental Health Department prior to the application of building permits. 25) The Applicant shall develop "traffic reduction measures" for the project which meet with the approval of the Environmental Health Department prior to building permit issuance by implementing at least two of the following measures. a) Purchase of car sharing memberships for households, b) Display of transit and other transportation demand management information in an area common to residents, c) Installation of secure bicycle parking. 26) The Applicant shall pay the required School Land Dedication Fee to the City of Aspen, which is due and payable at the time of building permit application for the development. This fee shall be assessed at the rate of the regulations and calculations in effect at the time of the building permit application. 27) The Applicant shall pay the required Park Development Impact Fee to the City of Aspen, which is due and'payable at the time of building p'ermit application for the development. This fee shall be assessed at the rate of the regulations and calculations in effect at the time of the building permit application. 6 28) One of the Category 3 studio units shall be priced between the maximum sales price of Category 2 and Category 3 and that the Category 4 two-bedroom unit sales price shall be priced between Category 3 and Category 4. 29) The affordable housing units shall be built prior to or in conjunction with the free .market units; however, the approval of the Certificates of Occupancy for the deed-restricted units shall be attained prior to the issuance of Certificates of Occupancy for the free-market units. 30) The affordable housing units shall be deed-restricted prior to building permit approval or at the time of Final Plat approval, along with all other required documents; i.e., Subdivision Improvements Agreement, Declaration of Covenants, etc., and that these documents shall be reviewed by the Aspen/Pitkin County Housing Authority for approval. 31) The affordable housing units shall be listed with the Aspen/Pitkin County Housing Authority at the time of Certificate of Occupancy and shall be sold through the lottery process at the prices stated in the Guidelines in effect at the time of Final Plat approval. 32) The accessory dwelling units shall be deed restricted prior to building permit approval for the free market units and abide by the conditions established under Section 26.520.050 of the City of Aspen Municipal Code. 33) In association with the geologic hazards evaluation, any on-site excavation which is not actively proceeding to building construction shall be filled, graded, and restored to its natural condition, or as close thereto as possible (which judgment shall be at the sole discretion of Community Development Director), within three (3) months of the determination of a "no- build" (which judgment shall also be at the sole discretion of Community Development Director). An adequate financial surety to cover the filling and restoration of the site shall be posted with the City prior to the issuance of a permit for the excavation. Section 4 All material representations and commitments made by the applicant pursuant to the development proposal approvals herein awarded, whether in public meeting or documentation presented before the Planning and Zoning Commission 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 an authorizing entity. Section 5 This Resolution shall affect any existing litigation and shall not operate as an abatement of any section 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 ordinance. Section 6 If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be 7 deemed a separate, distinct, and independent provision and shall not affect the validity of the remaining portions thereof. Section 7 A public hearing on this ordinance is set for May 12, 2003, fifteen (15) days prior to which a he'aring public notice of the same will be published in 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 28th day of Aril, 2003 ATTEST: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor