HomeMy WebLinkAboutordinance.council.037-04
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JAtHCE K vas CRUDILL PITKIN COUNTY CO R 56.00 D 0.00
ORDINANCE NO. 37
(SERIES OF 2004)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING A FINAL PLANNED UNIT DEVELOPMENT, GROWTH
MANAGEMENT QUOTA SYSTEM (GMQS) EXEMPTIONS, RESIDENTIAL DESIGN
STANDARDS (RDS) EXEMPTIONS, SUBDIVISION, AND AN AMENDMENT TO THE
OFFICIAL ZONING MAP FOR THE ASPEN CONSOLIDATED SANITATION
DISTRICT MASTER PLAN, LOCATED AT 565 NORTH MILL STREET, CITY OF
ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID: 2737.073.00.854
WHEREAS, the Community Development Department received an application from the
Aspen Consolidated Sanitation District (ACSD) (Applicant), represented by Heather Stone of
Design Workshop, requesting approval of a Final Planned Unit Development (PUD), Growth
Management Quota System (GMQS) Exemptions, Subdivision, Special Review for parking,
Conditional Use Review for a maintenance shop and affordable housing, Stream Margin Review,
and an Amendment to the Official Zoning Map for the Aspen Consolidated Sanitation District
Master Plan; and,
WHEREAS, the application submitted for the ACSD Master Plan proposes demolition
of an existing four-plex affordable housing building, development of three four-plex affordable
housing buildings, remodeling and expansion of affordable housing units located above the
district offices, development of additional surface and covered parking, development of
additional maintenance facilities, development of storm water treatment facilities, and
development of ancillary improvements; and,
WHEREAS, the Community Development Director permitted the combining of
Conceptual and Final Planned Unit Development Review finding that the limited extent of the
development issues and a community of interest warranted such a combination; and,
WHEREAS, the Community Development Department received referral comments from
the Aspen Consolidated Sanitation District, City Engineering, Building Department, Fire District,
Streets Department, the Aspen/Pitkin County Housing Authority, Environmental Health
Department, Parks and Recreation Department, and the Water Department, as a result of the
Development Review Committee meeting; and,
WHEREAS, said referral agencies and the Aspen Community Development Department
reviewed the Final Planned Unit Development (PUD), Growth Management Quota System
(GMQS) Exemptions, Subdivision, Special Review for parking, Conditional Use Review for a
maintenance shop and affordable housing, Stream Margin Review, and an Amendment to the
Official Zoning Map and recommended approval with conditions; and,
WHEREAS, pursuant to Sections 26.425, 26.430, and 26.435 of the Land Use Code,
Conditional Use Review, Special Review, and Stream Margin Review approvals may be granted
by the Planning and Zoning Commission at a duly noticed public hearing after considering
recommendations by the Community Development Director, and relevant referral agencies; and,
WHEREAS, pursuant to Section 26.310 of the Land Use Code (Amendment to the
Official Zone District Map), Section 26.445 (Final Planned Unit Development), Section 26.470
Ordinance No. 37
Series of 2004. Page 1
(Growth Management Quota System Exemptions), and Section 26.480 (Subdivision) approval
may be granted by the City Council at a duly noticed public hearing after considering
recommendations by the Planning and Zoning Commission, the Community Development
Director, relevant referral agencies and comments provided by the public; and,
WHEREAS, during a regular meeting on October 5, 2004, and continued to October 12,
2004, and continued to October 19, 2004, the Planning and Zoning Commission opened a duly
noticed public hearing to consider the project and approved the request for Conditional Use,
Special Review, and Stream Margin Review and recommended that City Council approve the
Final Planned Unit Development (PUD), Growth Management Quota System (GMQS)
Exemptions, Subdivision, and Amendment to the Official Zoning Map by a five to two (5-2)
vote, with the findings and conditions listed hereinafter; and,
WHEREAS, during a regular meeting on November 8, 2004, and continued to November
22,2004, and continued to a site visit on December 13,2004, and continued to January 10, 2005,
and continued to January 24, 2005, and continued to February 14,2005, the Aspen City Council
reviewed and considered the application according to the applicable provisions of the Municipal
Code as identified herein, reviewed and considered the recommendation of the Community
Development Director, the Planning and Zoning Commission, the AspenlPitkin County Growth
Management Commission, and took and considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the application meets or exceeds all applicable
standards of the land use code of the City of Aspen Municipal Code and that the approval of the
proposal 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: Rezoninl!: to PUB-PUD
The Official Zone District Map of the City of Aspen shall be, upon filing of the Subdivision plat
and Final PUD Plans, amended by the Community Development Director to reflect Lot #l of the
Aspen Consolidated Sanitation District Subdivision and Planned Unit Development as included
in the Public zone district with a Planned Unit Development overlay (PUB-PUD).
Section 2: Proiect Dimensions
The following approved dimensions of the project shall be reflected in the Final PUD Plans:
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JRNICE K VQS CRUDILL PITKIN COUNTY CO R 56.00 0 0.0
Ordinance No 37
Series of 2004.
Page 2
Minimum Lot Size 145,878 square feet
Minimum Lot Area oer Dwelling Unit 9, 117 square feet oer unit
17 Units
7 one-bedroom units
Maximum Allowable Density 8 two-bedroom units
2 three-bedroom units
Minimum Lot Width 306 feet
Minimum Front Yard Setback 5 feet
Minimum West Side Yard Setback 10 feet
Minimum East Side Yard Setback 10 feet
Minimum Rear Yard 50 feet
Townhomes = 26.5 feet.
Maximum Height (Per current Aspen Carports = 12 feet.
Height Definition.) Office/Maintenance building = 30 feet.
Pipe Storage building = 16 feet.
Min. Distance between Buildings 16 feet
Min. Percent of Ooen Soace As shown on final PUD Plan.
Townhomes: 5,200 square feet per building x
three buildings = 15,600 square feet.
Carports = 6,136 square feet
Allowable Floor Area (to be measured Carport storage = 1,594 square feet
as gross square footage) Office/Maintenance building. lower level =
13,600 square feet
Office/Maintenance building upper level =
6,800 square feet.
Pipe Storage building = I ,21 0 square feet.
Minimum Off-Street Parking Spaces Residential = 28
Commercial, Emoloyee, and Visitor = 7
Section 3: Former SPA Plans Dissolved
The filing of this Aspen Consolidated Sanitation District subdivision plat and Planned Unit
Development plan dissolves and replaces all former Specially Planned Area approvals, plats, and
plans for the property.
Section 4: Multi-Familv Housinl!: Replacement Prol!:ram
The Development Order issued commensurate with final approval by City Council shall
constitute a "Certificate of Compliance" in accordance with Chapter 26.530 - Multi-Family
Housing Replacement Program.
Section 5: Impact Fees
Park Imoact Fees of $23,904 shall be assessed. In recognition of capital improvements to the
City's park and recreation system constructed by the applicant, the City Parks and Recreation
Department may reduce this fee commensurate with the costs of those improvements.
Amendments to the Project or to the fee schedule adopted prior to issuance of a building permit
shall require a new calculation. The following fee total is based on the current fee schedule:
Ordinance No. 37
Series of 2004. Page 3
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Park Fees - Proposed Development:
7 one-bedroom units@ $2,120 per unit
8 two-bedroom units@ $2,725 per unit
2 three-bedroom unit@ $3,634 per unit
= $14,840
= $21,800
= $ 7,268
= $43,908
Total
Park Fees - Credit for Existing Development:
3 Studio residential units@ $l ,520 per unit
3 one-bedroom units@ $2,120 per unit
2 two-bedroom units@ $2,725 per unit
I three-bedroom unit@ $3,634 per unit
Total Credit
= $4,560
= $6,360
= $5,450
= $3,634
= ($20,004)
Total Park Impact Fee Due = $23,904
School Imoact Fees shall be 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 shall
verify the unimproved land value of the lands underlying the Project from recent transactions and
information from the Pitkin County Assessor. The subject subdivision is not conducive to
locating a school facility and a cash-in-lieu payment shall be accepted. School Impact Fees shall
be specified in the Subdivision Improvement Agreement.
The project shall be subject to amendments to impact fees required by the City of Aspen,
including new impacts fees or amendments to existing impact fees. Impacts fees commensurate
with each phase shall be payable upon issuance of a building permit for such phase.
Section 6: Water Department Standards
The applicant shall comply with the City of Aspen Water System Standards, with Title 25, and
with applicable standards of Municipal Code Title 8 (Water Conservation and Plumbing
Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water
Department.
Section 7: Sanitation District Standards
The applicant shall comply with the following Aspen Consolidated Sanitation District rules and
regulations.
1. Service is contingent upon compliance with the District's rules, regulations, and
specifications, which are on file at the District office at the time of construction.
2. All clear water connections are prohibited, i.e. ground water, (roof, foundation, perimeter,
patio drains), including entrances to underground parking garages.
3. On-site drainage plans require approval by the district, must accommodate ACSD service
requirements and comply with rules, regulations and specifications.
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4. On-site sanitary sewer utility plans require approval by ACSD.
Ordinance No. 37
Series of 2004.
Page 4
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1ClI\IT(,J: I( vo~ CAUDILL PITKIN COUNTY CO R 56.00 0 0.00
5. Oil and Sand separators are required for public vehicle parking garages. Containment
areas will be required for the hydraulic lift facility and generator fuel tanks.
6. Glycol snowmelt and heating systems must have containment provISIons and must
preclude discharge to the public sanitary sewer system.
7. Plans for interceptors, separators and containment facilities reqUIre submittal by the
applicant and approval prior to building permit.
8. When new service lines are required for existing development the old service line must be
excavated and abandoned at the main sanitary sewer line according to specific ACSD
requirements.
9. Generally 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.
10. Permanent improvements are prohibited in areas covered by sewer easements or right of
ways to the lot line of each development.
11. All ACSD total connection fees must be paid prior to the issuance of a building permit.
12. 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.
Section 8: PMI0 Mitil!:ation Stratel!:ies
The Environmental Health Department recommends the applicant include the following
strategies for reducing the generation ofPMIO:
I. The purchase of an electric vehicle for in town use by employees and/or residents or a
membership with Roaring Fork Vehicles for use by employees and/or residents.
2. Joining the Transportation Options Program.
3. Providing secure covered bike storage.
Section 9: Affordable Housinl!:
1. The new residential units shall be deed restricted as Category 3 and Category 4 units.
APCHA staff recommends Category 3 for the one-bedroom units and Category 4 for the
two-bedroom units.
2. Due to the phasing of the project, deed restrictions shall be completed and recorded prior
to building permit approval for each new building/phase. The deed restriction shall relate
to the specific category and that each employee must meet the category requirements for
that specific unit, unless that employee is employed by ACSD. Due to the nature of the
facility and that it is a public facility, the income and asset requirements of the employee
of ACSD can be waived in order to house all employees of the ACSD on-site.
Ordinance No. 37
Series of 2004.
Page 5
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3. The applicant shall enter into an intergovernmental agreement with the City of Aspen,
mutually prepared and agreed upon by the Aspen Consolidated Sanitation District legal
counsel and the City Attorney, to maintain rental controls in perpetuity.
4. Should the units be condominiumized, the sales price shall be calculated beginning with
the sales price stated in the Guidelines from the date of Certificate of Occupancy and
appreciated by 3 % or the Consumer Price Index, whichever is less, which is consistent
with all other deed-restricted ownership units. At such time a new ownership deed
restriction shall be placed on each unit that will be changed from a rental to an ownership
unit.
Section 10: Public Trails
If the ACSD pursues a public trail through the property to facilitate public access to the Rio
Grande Trail, an easement shall be provided and depicted on the subdivision plat. If the trail
crosses Pitkin County-owned property, an easement from Pitkin County shall also be secured by
the applicant and referenced on the subdivision plat. A public trail shall be built to City of Aspen
trail standards. The City Parks Department will work with the ACSD, and Pitkin County if
necessary, to develop a maintenance agreement. This requirement shall not apply if a public trail
is not developed across the property. This requirement shall not apply for trail connections
serving only the ACSD property.
Section 11: Subdivision Plat & Final PUD Plans
Within 180 days after final 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.
The Subdivision Plat shall comply with current requirements of the City Community Development
Engineer and shall include:
I. The final property boundaries, disposition of lands, and utility and surface easements.
2. Reference to the access easement and any trail easements from adjoining property
owners.
3. The location of utility pedestals with access easements for the utility provider.
Transformers and pedestals shall be located outside of the public right-of-way.
4. The applicant shall provide the final approved Subdivision line data or survey description
data describing the revised street and 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 Certificate of Occupancy.
The Final PUD Plans shall include:
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1. An illustrative site plan with adequate snow storage areas and/or snow melted areas
depicted. The top-of-slope shall be depicted. Approved project dimensions shall be printed
on the final illustrative plan.
2. A phasing plan describing the sequence of development phases and the improvements for
each phase. The City encourages the applicant to develop the drainage improvements
during phase one, thereby minimizing impacts on Rio Grande Trail.
Ordinance No. 37
Series of 2004.
Page 6
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2. The agreement shall include a maintenance and operating agreement for public trails located
on the property and shall reference agreements with adjoining landowners for public trails
and the vehicular access.
3. The agreement shall identify the trees on the property to be affected by each stage of
development and those which shall require mitigation. The agreement shall require
mitigation be payable at the time of building permit issuance for each phase and shall
indicate that permit and mitigation fees shall be determined at the time of each phase and
are subject to change.
4. A Construction Management Plan (CMP) acceptable to the Community Development
Engineer.
5. In order to secure the construction, installation and performance of the of public
improvements and facilities, including drainage improvements and landscape
improvements for each phase, the required performance guarantees shall include and
secure the estimated costs of all phases of the development.
6. The applicant shall enter into an intergovernmental agreement with the City of Aspen,
mutually prepared and agreed upon by the Aspen Consolidated Sanitation District legal
counsel and the City Attorney, to maintain rental controls in perpetuity.
.- 7. School Impact Fees shall be determined and specified in the Subdivision Improvement
Agreement.
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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. Design specifications and profiles for public trail improvements.
5. An architectural character plan demonstrating the general architectural character and
depicting materials, fenestration, and projections.
6. Floor plans of each level of each building depicting unit divisions.
7. A utility plan meeting the standards of the City Engineer and City utility agencies.
8. A grading/drainage plan, including an erosion control plan, prepared by a Colorado
licensed Civil Engineer, which maintains sediment and debris on-site during and after
construction. If a ground recharge system is required, a soil percolation report will be
required to correctly size the facility. A 2-year storm frequency should be used in
designing any drainage improvements. Off-site improvement shall be done in
coordination with the City Engineer.
9. An exterior lighting plan meeting the requirements of Section 26.575.150.
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Section 12: SubdivisionlPUD Al!:reement
Within 180 days after final approval by City Council and prior to applying for Building Permit, the
applicant shall record a Subdivision/PUD Agreement binding this property to this development
approval. The Agreement shall include the necessary items detailed in Section 26.445.070, in
addition to the following:
1. The agreement shall state the ownership and maintenance responsibilities of the common
areas ofthe project.
Ordinance No. 37
Series of 2004.
Page 7
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Section 13: Fire Department
Sprinkler and fire alarms are required throughout all of the buildings. The person that designs
the sprinkler and alarm systems should meet with the Fire Marshall before starting design. It
needs to be confirmed that adequate water volume and pressure exists for the sprinklers.
Section 14: Accessibilitv
Two residential units located above the district offices, as shown in Exhibit A to this Ordinance,
shall be developed as "IBC/ ANSI Type BOO vertically accessible units.
Section 15: Bui1dinl!: Permit Requirements
The building permit application shall include/depict:
I. A signed copy of the final Ordinance granting land use approval.
2. A letter from the primary contractor stating that the approving Ordinance has been read and
understood.
3. The conditions of approval shall be printed on the cover page of the building permit set.
4. A completed tap permit for service with the Aspen Consolidated Sanitation District.
5. A tree removal/mitigation plan for any trees to be affected by the specific phase.
6. A fugitive dust control plan approved by the Environmental Health Department which
addresses watering of disturbed areas including haul roads, perimeter silt fencing, as-
needed 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 from the street as necessary, and as
requested by the City, during construction. Submission of a fugitive dust control plan to
the Colorado Department of Public Health and Environment Air Quality Control Division
will also be necessary due to the property being in excess of I acre.
7. A study performed by a Colorado licensed asbestos inspector detailing the presence of
asbestos. The State of Colorado must be notified and the report must be complete prior to
issuance of a building permit. Contact the City of Aspen Environmental Health
Department for state contact information.
8. Because the site is over one acre, the Contractor will need to obtain a State Storm Water
Management Permit (for erosion control) and a State Emission Permit (for dust control)
at the time of the first building permit application.
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9. A construction site management and parking plan meeting the specifications of the City
Building Department
1. All tap fees, impacts fees, and building permit fees shall be paid for the particular phase.
2. The location and design of standpipes, fire sprinklers, and alarms shall be approved by
the Fire Marshall.
Section 16: PUD Plan Compliance
Ordinance No. 37
Series of 2004.
Page 8
Prior to recordation of the Final PUD Plans, the plans to be recorded shall demonstrate
substantial compliance with the representations and drawings made and presented during the
project review.
Section 17: Vested Ril!:hts
The development approvals granted herein shall constitute a site-specific development plan vested
for a period of fifteen (15) years from the date of issuance of a development order.
No later than fourteen (14) days following final approval of all requisite reviews necessary to
obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be
published in a newspaper of general circulation within the jurisdictional boundaries of the City of
Aspen, a notice advising the general public of the approval of a site specific development plan
and creation of a vested property right pursuant to this Title. Such notice shall be substantially in
the following form:
Notice is hereby given to the general public of the approval of a site specific development
plan, and the creation of a vested property right, valid for a period of fifteen (15) years,
pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado
Revised Statutes, pertaining to the following described property: Lot # I, Aspen Sanitation
District Subdivision and Planned Unit Development.
Section 18: Residential Desil!:nStandards
The City of Aspen Residential Design Standards (26.410.040) shall be waived with the exception
of the following: D. Building Elements 1-4, E. Context 1-2.
Section 19:
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 Community Development Department, the Planning and 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.
Section 20:
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 21:
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.
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Section 22:
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.
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Ordinance No. 37
Series of 2004.
Page 9
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Section 23:
A public hearing on the Ordinance was held on the 22nd day of November, 2004, at 5:00 p.m. in the
City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a
public notice of the same was 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 8th day of November, 2004.
Attest:
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FI~f"~r.~~Pted, passed and approved this I!L day 0~5.
Attest:
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AplilJl!VfPI~to form:
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flty -ttorney
A TT ACHMENT
Exhibit A - Units to be developed as "IBC/ ANSI Type B"
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Ordinance No. 37
Series of 2004.
Page 10
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