HomeMy WebLinkAboutordinance.council.025-17 • ORDINANCE NO. 25
(SERIES OF 2017)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING MAJOR PUBLIC
PROJECT REVIEW APPROVAL AND ASSOCIATED LAND USE REVIEWS FOR 517
PARK CIRCLE, LEGALLY DESCRIBED AS LOT 1, RE-SUBDIVISION OF LOTS 1 AND
2 OF THE WAGAWDETWEILER SUBDIVISON, ACCORDING TO THE PLAT
THEREOF RECORDED FEBRUARY 8, 2006, IN PLAT BOOK 77 AT PAGE 41 AS
RECEPTION NO. 520689, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID: 2 73 70 7401016
WHEREAS, the Community Development Department received an application for 517
Park Circle (the Application) from Aspen Housing Partners LLC (Applicant) with consent from
the City of Aspen (Owner) for Major Public Project Review for Lot 1, Wagar Detweiler .
Subdivision; and.
WHEREAS, all code citation references are to the City of Aspen Land Use Code in
effect on the day of initial application—July 1 1, 2017, as applicable to this project; and,
WHEREAS, as the property is owned by a governmental agency and this is an
affordable project developed by the City in conjunction with a private developer, the Applicant
has requested this Application to be reviewed as a Public Project, pursuant to Chapter
26.500.030 of the City of Aspen Land Use Code; and,
WHEREAS; the Community Development Department received comments on the
Application from the Aspen Consolidated Sanitation District, City Engineering, Building
Department, Environmental Health Department, Parks Department, Aspen/Pitkin County
Housing Authority. and Public Works Department, as a result of the Development Review
Committee meeting held on August 23, 2017; and,
WHEREAS, the Aspen Community Development Department reviewed the proposed
Application and recommended approval with conditions; and,
WHEREAS, the Aspen/Pitkin County Housing Authority Board of Directors reviewed
the Application on September 6, 2017, and recommended approval; and,
WHEREAS, the Planning & Zoning Commission reviewed the Application at a duly
noticed public hearing on September 19, 2017, during which the recommendations of the
Community Development Director and comments from the public were heard by the Planning &
Zoning Commission, and recommended approval with conditions by Resolution No. 12, Series
of 2017, by a vote of four to zero (4— 0).
WHEREAS, all required public noticing was provided as evidenced by an affidavit of
. public noticing submitted to the record, a summary of public outreach was provided by the
1111111111111111111 IN Aspen Park Circle
City Council
RECEPTION#: 643413, R: $73.00, D: $0.00 Ordinance No. 25, Series 2017
DOC CODE: ORDINANCE Page I of 13
Pg 1 of 13, 11129/20172t 01:06:24 PM
Janice K.Vos Caudill, Pitkin County, CO
applicant to meet the requirements of Land Use Code Section 26.304.035, and the public was
provided full access to review the Application; and.
WHEREAS, the Applicant conducted additional public open houses to obtain feedback
on the proposed application on January 5, 2017, January 11, 2017, March 2, 2017. and March 8,
2017, and work sessions to obtain feedback from City Council on February 14, 2017 and March
. 28, 2017; and,
WHEREAS, 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 recommendations of the Community Development Director. the Planning & Zoning
Commission, the applicable referral agencies, and has taken and considered public comment at a
public hearing; and,
WHEREAS, on October 9, 2017, the Aspen City Council approved Ordinance No. 25,
Series of 2017 on First Reading by a five to zero (5—0)-vote; and,
WHEREAS, during a duly noticed public hearing on October 23, 2017, the Aspen City
Council approved Ordinance No. 25, Series of 2017, by a four to zero (4—0) vote, approving Major
Public Project Review and associated land use reviews; and,
WHEREAS, City Council Finds that the development proposal meets or exceeds all the
applicable development standards; and,
WHEREAS, the City Council finds the modification and release of the existing planned
unit development applicable to the property is consistent with the efficient development and
preservation of the entire planned unit development, will not affect in a substantially adverse
manner either the enjoyment of land abutting upon or across a street from the planned unit
development or the public interest, and is not being granted solely to confer a special benefit upon
any person; and,
WHEREAS, City Council finds that this Ordinance furthers and is necessary for the
promotion ofpublic health, safety, and welfare.
NOW, THEREFORE BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL AS
FOLLOWS:
Section 1: Approvals
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Aspen City Council grants 517 Park Circle Major Public Project review and the associated land
use review approvals for Subdivision, Rezoning, Planned Development, Growth Management,
8040 Greenline, and Residential Design Standards, subject to the conditions of approval as listed
herein. The proposed project includes an amendment of the existing subdivision plat, rezoning
the property to Affordable Housing/Planned Development (AH/PD), and development of eleven
(11) affordable housing units. The approved dimensions are attached .as Exhibit A to this
ordinance. The approved design and material palette are attached as Exhibit B. Minor design
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Ordinance No. 25, Series 2017
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changes as a result of refinement to internal programming or to meet Building, Engineering, or
Utility code requirements may be approved as part of the building permit review. Minor changes
to material and fenestration arrangements or other insubstantial changes may be approved as part
of the building permit review.
Section 2: Rezonin¢
The Official Zone DistrictMapof the City of Aspen shall be, upon filing of the Amended
Subdivision/PD Amendment Plat, amended by the Community Development Director to reflect
the following property as included in the Affordable Housing/Planned Development (AH/PD)
zone district, on all portions of said land:
Lot 1, Re-subdivision of Lots I and 2 of the Wagar/Detweiler Subdivision, according to the
plat thereof recorded February 8, 2006, in Plat Book 77 at Page 41 as Reception No.
520689.
Section 3: Approval Documents
In accordance .with Section 26.490.040, Approval Documents Conlenl and Form, a final
approved plan set shall be submitted to the Community Development Department. The plan set
shall at a minimum include the following information:
1. Subdivision/PD amendment plat, pursuant to Section 26.490.040.A.
2. Planned Development — Project Review and Detailed Review approval plans, pursuant to
Section 26.490.040.D(3) & (4). These may be combined into one plan set.
3. Illustrative Site Plan, pursuant to Section 26.490.040.D(8).
4. Transportation Management Plan, pursuant to Section 26.490.040.D(10).
5. Landscape Character Plan, pursuant to Section 26.490.040.D(13).
6. Site Topography and Drainage Plan, pursuant to Section 26.490.040.D(15).
7. Public Infrastructure Plan, pursuant to Section 26.490.040.D(17).
In accordance with Section 26.490.050, Development Agreements, a Development Agreement
(hereinafter"Agreement") shall be entered into with the City.
All approval documents, plats, plans, and agreements shall be submitted to the Community
Development Department within one (1) year following issuance of a Development Order.
_ Section 4: Affordable Housin¢
City Council hereby grants approval of eleven (11) affordable housing units. The unit types shall
be as follows:
1. Seven (7) 1-bedroom units (12.25 FTEs)
2. Four (4) 2-bedroom units (9 FTEs)
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Ordinance No.25, Series 2017
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As represented in the application, the proposed units are granted a reduction in the Net Minimum
Livable Square. Footage, pursuant to the Aspen/Pitkin County Housing Authority (APCHA)
Employee Housing Guidelines ("Guidelines") as follows:
Unit Proposed Minimum % Deficit
001 654.7 700 6.5%
002 639.7 700 8.6%
003 628.2 700 10.3%
101 847.7 900 5.8%
102 842.5 900 6.4%
103 846.6 900 5.9%
104 848.7 900 5.7%
201 653.4 700 6.7%
202 653.0 700 6.7%
203 651.2 700 7.0%
204 655.7 700 6.3%
Any further reduction in Net Livable Square Footage for any of'the units shall require approval
from APCHA. All units shall meet the requirements of the Guidelines regarding closets, kitchen
appliances, etc. in place at the time of building permit. Each atTordable housing unit shall be
individually metered for utilities.
This project is approved as rental units with the future option to convert to ownership units.
Depending on the type of tenancy (100% renter-occupied, 100% owner-occupied, or a mix of
renter-occupied and renter-occupied) the following conditions shall apply:
100% Rental Project:
1. Minimum occupancy in accordance with the Guidelines is required for all units.
2. All new tenants shall be approved by APCHA in accordance with the Guidelines prior to
signing a lease and occupying the unit.
3. All leases shall be provided to APCHA and state the length of the lease, the amount of rent,
and signed by both the tenant and the landlord.
100% Ownership Project:
1. A Capital Reserve Study shall be provided to the homeowners' association (HOA) and to
APCHA by a certified reserve specialist at the time of sale of the property (either
individually or as a whole).
2. The developer shall obtain approval of all condominium documents and provide to APCHA
for review prior to acceptance. These shall include, but may not be limited to, the following:
a. Articles of Incorporation
b. By-Laws
c. Condominium Declaration
d. Condo Plat Map
e. Nine required governance policies required by the Colorado Common Interest Ownership
Act (CCIOA).
f. Budget
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Ordinance No. 25. Series 2017
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3. At the closing on all units, the developer shall provide to each new homeowner a binder that
will include, but may not be limited to,the following:
a. All condominium documents stated in 45 above:
b. All mechanical warranties, all warranties for appliances, etc.
Mixed Ownership/Rental Project:
1. All criteria stated under 100% Ownership Project shall apply to all ownership units.
2. All criteria stated under 100% Rental Project shall apply to all rental units.
3. The rental units shall not exceed 49% of the total units within the project.
4. One entity/owner shall not own more than 10% of the total units within the project.
Prior to a Certificate of Occupancy being issued for the completed project, deed restrictions for
the units that reflect the requirements of this Ordinance shall be approved by the City Attorney
and APCHA and recorded. Final Category designations for all units not subject to the Low-Income
Housing Tax Credit requirements shall be memorialized as part of the Agreement.
Section 5: Parking
The project is approved for eleven (11) parking spaces on site. Changes to parking to meet the
requirements of the Americans with Disabilities Act (ADA) or the Federal Fair Housing Act
(PHA) may be reviewed and approved administratively. In addition, one of the following or a
combination thereof are required:
I. A shared parking agreement with Pitkin County for three (3) parking spaces within the
Smuggler parking area located along Park Circle, or other shared parking agreement
within the Urban Growth Boundary (UGB).
2. Transportation Impact Analysis (TIA) improvements beyond the required that match or
exceed a monetary value of $152.000 (4 spaces x $38.000), to be approved by the
Engineering and Transportation Departments.
3. A cash-in-lieu payment of$114,000 (3 spaces x $38,000) plus one TIA credit.
Section 6: Zoning
This approval does not exempt the project from compliance with applicable zoning regulations
of the City of Aspen's Land Use Code, including, but not limited to Section 26.575.020,
Calculations and Measurements.
Section 7: Engineering
The Applicant's design shall be compliant with all sections of the Municipal Code, Title 21 and
all construction and excavation standards published by the Engineering Department. The project
shall meet the Urban Runoff Management Plan Requirements. A major drainage report that
meets URMP and Engineering Design Standards is required with building permit submittal.
Section 8: Fire Mitigation
All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not
limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire
sprinkler and fire alarm systems (IFC, as amended. Section 903 and 907).
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Ordinance No.25, Series 2017
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Section 9: Environmental Health Department
The Applicants shall obtain Special Review approval from the Environmental Health
Department in accordance with Municipal Code Chapter 12.10 for the trash and recycle area,
prior to issuance of building permit.
Section 10: Parks
1. Tree removal permits are required prior to issuance of a building permit for any demolition
or significant site work. Mitigation for removals must be met by paying cash in lieu, planting
on site, or a combination of both, pursuant to Municipal Code Chapter 13.20.
2. Remaining treestohave fence protection at driplines of trees and must be inspected prior to
any activity.
3. Aspen native seed mix to be used in City right-of-way.
4. Irrigation in City right-of-way required.
5. Pruning of neighboring property trees must be done by a certified arborist and kept to a
minimum.
6. Boulder retaining walls on southern property line by sidewalk will require coordination with
the City Forester.
7. This project is subject to the Water Efficiency Landscape Standards, Municipal Code
Chapter 25.30.
Section 11: Aspen Consolidated Sanitation District (ACSD)
1. Service is contingent upon compliance with the District's rules, regulations, and
specifications, which are on file at the District office.
2. ACSD will review the approved Drainage plans to assure that clear water connections (roof,
foundation, perimeter, patio drains) are not connected to the sanitary sewer system.
3. On-site utility plans require approval by ACSD.
4. Oil and Sand separators are required for parking garages and vehicle. maintenance
establishments.
a. Driveway entrance drains must drain to drywells.
b. Elevator shafts drains must flow thru o/s interceptor
5. Old service lines must be excavated and abandoned at the main sanitary sewer line according
to specific ACSD requirements.
6. Below grade development may require installation of a pumping system.
7. One tap is allowed for each building. Shared service line agreements may be required where
more than one unit is served by a single service line.
8. Permanent improvements are prohibited in sewer easements or right of ways. Landscaping
plans will require approval by ACSD where soft and hard landscaping may impact public
ROW or easements to be dedicated to the district.
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Ordinance No.25, Series 2017
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9. All ACSD fees must be paid prior to the issuance of any building permits.
10. Where additional development would produce flows that would exceed the planned reserve
capacity of the existing system (collection system and or treatment system) an additional
proportionate fee will be assessed to eliminate the downstream collection system or treatment
capacity constraint. Additional proportionate fees would be collected over time from all
development in the area of concern in order to fund the improvements needed..
11. Where additional development would produce flows that would overwhelm the planned
capacity of the existing collection system and or treatment facility, the development will be
assessed fees to cover the costs of replacing the entire portion of the system that would be
overwhelmed. The District would fund the costs of constructing reserve capacity in the area
of concern (only for the material cost difference for larger line).
12. A "Line Extension Request" and a "Collection System Agreement" are required for this
application. Both are ACSD Board of Director's action items.
1I The glycol heating and snow melt system must be designed to prohibit and discharge of
glycol to any portion of the public and private sanitary sewer system. The glycol storage
areas must have approved containment facilities.
Section 12: Water/Utilities
The Applicant shall comply with the City of Aspen Water System Standards, with Title 25. and _
with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of
the Municipal Code, as required by the City of Aspen Water Department. All Water System
Distribution standards in place at the time of building permit shall apply, and all tap fees will be
assessed per applicable codes and standards. Utility and transformer placement and design shall
meet adopted City of Aspen standards.
Section 13: Outdoor Lighting and Signage
All outdoor lighting and all signage shall meet the requirements of the Municipal Code.
Section 14: Building Department
All applicable building and accessibility codes in place at the time of building permit submission
shall be met.
Section 15• Transportation Impact Analysis (TIA)
The approved project generates a maximum of 9.79 new vehicle trips per day. Final TIA
mitigation methodology will be reviewed and approved by the City Engineering Department and
Transportation Department prior to issuance of a building permit.
Section 16• Impact Fees and School Land Dedication
The Parks Development and TDM/Air Quality impact fees as required by Section 26.610 of the
Land Use Code shall not be waived. School Land Dedication as required by Section 26.620 of
the Land Use Code shall be required in entirety for the development of this project. Any
applicable fees shall be assessed at the time of building permit application submittal and paid at
building permit issuance. The amount shall be calculated using the methodology and fee
schedule in effect at the time of building permit submittal.
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Ordinance No. 25, Series 2017
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Section 17: Vested Rights
The development approvals granted herein shall constitute asite-specific development plan vested
for a period of five (5)years from the date of issuance of a development order.
Section 18: Representations Preserved
All material representations and commitments made by the Applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or documentation
presented before the Community Development Department, the Planning & Zoning Commission,
or the Aspen 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 or an authorized authority.
Section 19: Existing Litigation
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.
Section 20: Severability
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 21: Public Hearing
A public hearing on this ordinance shall be held on the 23rd day of October, 2017, at a meeting of
the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall,
Aspen, Colorado, a minimum of fifteen 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.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the 9th day of October. 2017.
Atte 1 ^
Linda Manning,City Clerk Steven Sk dron, Mayor
FINALLY, adopted, passed and approved this 23rd day of October, 2017.
A est: � � .� ��
Linda Manning, City Cler Steven Skadr , Mayor
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Ordinance No. 25. Series 2017
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Approved as to form:
mes R True, City Attorney
Attachments:
Exhibit A: Approved Dimensional Requirements
Exhibit B:Approved Plans and Elevations
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Aspen City Council
Ordinance No.25, Series 2017
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Exhibit A—Approved Dimensional Requirements
ns ons
Miulmuui Gross o:(Area . .. . ,`, .. 14,458 sq. ft.
Miniu►uui Net'Lot'Area per.11nit, a 1,077 sq. ft.
Maximum AllowableDenii , r; 11 units
Minimum Lot Width „ ' 60 ft.
Minimum Frout.Yard Setback* " '` 5 ft.
'Minimum SideYard'Setback South *,, '`. , 151t.
Minimum Side.Yard'Setback-(North)*: , 5 ft.
Minimum Rear Yard Setback* _ 5 ft.
Maximum Site Covera e. '. 30%
Maximum Height,(East). 25 ft.
Maximum Hei htWest 32 ft.
,
Minimum Percent O' cn space, 36%
Minimum Trash Access.Area , 120 sq. ft.
Maximum AllowableFloor Arca ' " '' 10,040 sq. ft.
Maximum,Allowable Deck Area" 2,774 sq. ft.
'Minimum Off-street Parkin 11 spaces
*Landscape features located within a setback as represented may exceed the limitations of
Section 26.575.020.E(5), as may be amended from time to time. Additional changes to landscape
features beyond those represented may be approved as an insubstantial amendment.
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Ordinance No. 25, Series 2017
Page 10 of 13
Exhibit B—Approved Plans and Elevations
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Aspen City Council
Ordinance No. 25, Series 2017
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Ordinance No. 25. Series 2017
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