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HomeMy WebLinkAboutordinance.council.001-05ORDINANCE NO. 1 (SERIES OF 2005) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE LITTLE AJAX AFFORDABLE HOUSING CONSOLIDATED PUD AND ASSOCIATED LAND USE REQUESTS TO CONSTRUCT A FOURTEEN (14) UNIT AFFORDABLE HOUSING PROJECT ON LOTS 1 AND 2, OF THE LITTLE AJAX SUBDIVISION/PUD, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Applicants, Aspen GK, LLC, Burton B. Kaplan, Peter L. Gluck; represented by Joseph Wells Land Planning, submitted an application requesting rezoning, subdivision, a subdivision exemption for a lot line adjustment, condominiumization, a consolidated conceptual/final PUD, GMQS exemptions for affordable housing, variances from the residential design standards, and special review to establish the affordable housing parking requirements on Lots 1 and 2 of the Little Ajax Subdivision/PUD; and, WHEREAS, pursuant to Land Use Code Section 26.304.060(B), Combined Reviews, the Community Development Director in consultation with the applicants has concluded that a combined review of the land use requests associated with this application would reduce duplication and ensure economy of time, expense, and clarity; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval of the proposal, with conditions; and, WHEREAS, during a continued public heating on January 4, 2005, the Planning and Zoning Commission reviewed the proposed Consolidated Conceptual/Final PUD and associated land use requests and approved Resolution No. 1, Series of 2005, recommending that City Council approve the proposed sixteen (16) unit affordable housing project on Lots 1 and 2, of the Little Ajax Subdivision; 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 Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, during a duly noted public hearing on January 24, 2005, the Aspen City Council reviewed the proposed Consolidated Conceptual/Final PUD and associated land use requests and approved Ordinance No. 1, Series of 2005, approving a modified version the proposal to construct a fourteen (14) unit affordable housing project on Lots 1 and 2, of the Little Ajax Subdivision; 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 THAT: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves the Little Ajax Affordable Housing PUD and all of the necessary associated land use actions to construct a fourteen (14) unit affordable housing development on Lots 1 and 2, of the Little Ajax Subdivision, with the conditions contained herein: Section 2: Rezoning to AH/PUD Pursuant to the procedures and standards set forth in City of Aspen Land Use Code Section 26.310, Amendments to the Land Use Code and Official Zone District Map, City Council hereby rezones Lots 1 and 2, of the Little Ajax Subdivision/PUD to the AH/PUD Zone District. Section 3: Subdivision/PUD Plat and Agreement The Applicant shall record a subdivision agreement that meets the requirements of Land Use Code Section 26.480 within 180 days of approval. Additionally, a final Subdivision/PuD Plan shall be recorded in the Pitkin County Clerk and Recorder's Office within 180 days of the final approval and shall include the following: a. A final plat meeting the requirements of the City Engineer and showing: easements, encroachment agreements and licenses (with the reception numbers) for physical improvements, and location of utility pedestals. b. An illustrative site plan of the project showing the proposed improvements, landscaping, parking, and the dimensional requirements as approved. c. A drawing representing the project's architectural character. Section 4: Building Permit Application The building permit application shall include the following: a. A copy of the final Ordinance and recorded P&Z Resolution. b. The conditions of approval printed on the cover page of the building permit set. c. A completed tap permit for service with the Aspen Consolidated Sanitation District. d. A tree removal permit as required by the City Parks Department and any approval from the Parks Department Director for off-site replacement or mitigation of any removed trees. The tree removal permit application shall be accompanied by a detailed landscape plan indicating which trees are to be removed and new plantings proposed on the site. 05/13/2005 01:55~ SILVIR D~VI$ P~TKIN COUNTY CO R 4~.oe o e.ee A drainage plan, including an erosion control plan and snow storage runoff 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 5- year storm frequency should be used in designing any drainage improvements. f. A construction management plan pursuant to the requirements. A fugitive dust control plan to be reviewed and approved by the Environmental Health Department Section 5: Trails The Applicant shall grant a permanent trail easement meeting the approval of the City of Aspen Parks Department along the eastem property line connecting the Midland Trail with the W. Hopkins Trail prior to recordation of the final subdivision/PUD plat. Section 6: W. Hopkins Avenue Curb and Gutter The Applicant shall construct curb, and gutter along the West Hopkins Avenue frontage of the property being subdivided prior to issuance of a certificate of occupancy for any of the units in the project. The timing of this installation may be changed if approved by the City Engineer. The driveway access shall meet the City Engineering Department's standards for drive ramps. If the W. Hopkins Trail is altered during construction, the Applicant shall repair the trail to the condition it was prior to construction. Section 7: Landscaping The Applicant shall install a tree root barrier on the trees that are to be planted within ten (10) feet of the W. Hopkins trail to prevent future root damage and trail upheaval. The Applicant shall also install tree saving construction fences around the drip line of any trees to be saved subject to the following provisions: a. The City Forester or his/her designee must inspect this fence before any construction activities commence. b. No excavation, storage of materials, storage of construction equipment, construction backfill, foot or vehicular traffic shall be allowed within the drip line. Section 8: Soil Subsidence and Rock Fall Hazards The Applicant shall submit geotechnical and soil stability reports performed by a qualified, licensed engineer demonstrating the land is suitable to handle the proposed development. The Applicant shall also submit a report from a qualified, licensed engineer demonstrating that rock fall from the slope above the proposed development will be sufficiently mitigated to prevent rock fall hazards. The Applicant shall also contact a specialist to conduct a geophysical investigation regarding the location of the mineshafi 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. Page: 4 or' 5 05/13/2005 01:55~ 5ILVIA DAVIS PITKIN COUNTY CO R 46.00 O 0.00 Section 9: Mine Waste The Applicant shall provide prior to submitting a building permit application, 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: 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. Non-removal of contaminated material. No contaminated soil or solid waste shall be removed, placed, stored, transported or disposed of outside the botmdaries of the site without having first obtained any and all necessary State and/or Federal transportation and disposal permits. 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. 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. Landscaping. The planting of trees and shrubs and the creation or installation of landscaping features requiring the dislocation or disturbance of more than one cubic yard of soil shall require a permit as provided in Section 7-143 (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. Section 10: Septic System In the event that the Applicant encounters an existing septic system or any part thereof, the Applicant shall provide a handling and waste disposal plan that complies with City Environmental Health Department requirements for the abandonment of said septic system. Page: 5 o~ 9 05/13/2005 01:55F Section Il: Fire Mitigation $ILV[A DAVIS PITKIN COUNTY CO R 46,00 D 0.00 The Applicant shall install a fire sprinkler system and alarm system that meets the requirements of the Fire Marshal. The water service line shall be sized appropriately to accommodate the required Fire Sprinkler System. Use of charcoal grills shall be prohibited in this development because of fire danger concerns. This prohibition shall be included in the HOA documents for the development. Section 12: Water Department Requirements 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 Aspen Municipal Code, as required by the City of Aspen Water Department. The Applicant shall also enter into a water service agreement with the City and complete a common service line agreement. Each unit shall have individual water meters. Additionally, the Applicant shall tap the water service line from the building into the six (6) inch diameter water main located in W. Hopkins Avenue. Water tap fees in the estimated value of $72,775.50 shall be waived, but well development charges and a payment in lieu of water rights dedication shall not be waived and shall be paid in full prior building permit issuance. Section 13: Aspen Consolidated Sanitation District Requirements The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter drains) to ACSD lines shall be allowed. Thc interior driveway and carport parking areas shall not be connected to the sanitary sewer system. (Improvements below grade shall require the use of a pumping station). Cottonwood trees shall not be planted within five (5) feet on either side of the main sewer line. Section 14: "Efficient Building" Requirements The Applicant shall obtain a score of at least 130 points under the Aspen/Pitkin County Efficient Building Program. Such scoring shall be confirmed through the review of construction drawings at the time of building permit application submittal. A building permit shall not be issued unless the project meets this 130 point score. Change orders to the original building permit shall not reduce the projects score below .130 points. Section 15:PM-10 Mitigation The Applicant shall mitigate for the anticipated PM-10 generation by providing the following: a) The homeowner's association shall join the Transportation Options Program. b) Secure, covered bike storage shall be provided. c) Providing a permanent trail easement along the eastern edge of the property to link the W. Hopkins Avenue Trail to the Midland Trail as described in Section 5 of this ordinance. Section 16: Maintenance of Rock Fall Mitigation Thc City shall grant an casement to benefit thc Little Ajax Affordable Housing Homeowner's Association at the time that the City purchases a conservation easement on Lot 3 of the Little Ajax Subdivision for the development ofrockfall protection consisting of bruge fencing and berms. Additionally, the City shall grant an access easement benefiting the Little Ajax Affordable Housing Homeowner's Association across the southern portion of Lot 3 for the purpose of allowing the Homeowner's Association to complete routine maintenance on thc rockfall mitigation elements to bc constructed on Lot 3. The Homeowner's Association shall be responsible for maintaining the rockfall mitigation measures to be installed on Lot 3 of the subdivision. Section 17: Dimensional Requirements The dimensional requirements established in this PUD are as follows: Description of Dimensional Approved Dimensional Requirement Requirements For the affordable housing development (To be constructed on the land known as Lots 1 & 2 of the Phase 1 Little Ajax Subdivision) Minimum Lot Size 6,000 SF Minimum Lot area per dwelling unit 1,000 SF for every 2-bedroom Unit 1,500 SF for every 3-bedroom Unit Minimum Lot Width 135 Feet Minimum From Yard (W. Hopkins Ten (10) Feet Frontage) Setback Minimum Side Yard Setback Five (5) Feet Minimum Rear Yard Setback Ten (10) Feet Maximum Site Coverage 50% (13,298 Square Feet of Structure Footprint) Maximum Height 35 Feet Minimum Percent Open Space 25% of Lots 1 and 2 are not to be covered w/Structure Footprint Allowable External FAR .82:1 (21,628 SF) Minimum Off-Street Parking 1.78 Parking Spaces per Unit (25 Total Parking Spaces) Section 18: Sale of Housing Units All of the units shall be sold through the Housing Lottery process with the exception of one of the units. The developer shall have the ability to choose the first purchaser of one of the units within the development, but the person chosen must meet all of the top- .priority requirements established in the affordable housing guidelines. If the person chosen by the developer is single, they may only purchase the two-bedroom unit. 05/13/2065 01:55F SILVIA DAVIS PITKIN DOUNTY CO R 46.00 D 0.60 Section 19: Deed Restrictions The Applicant shall record a deed restriction on the units prior to issuance of a certificate of occupancy on any of the units within the development. Section 20: Park Development Impact Fees Park Development Impact Fees of $49,967.00 shall be assessed. 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: Park Fees-Proposed Development: 13 (three-bedroom employee housing units) multiplied by $3,634 per unit = $47,242 1 (two-bedroom employee housing unit) multiplied by $2,725 per unit = $2,725 Total: $49,967 Section 21: School Land Dedication Fees School Land Dedication Fees shall be assessed on the proposal pursuant to Land Use Code Section 26.630, School Lands Dedication, and shall be due at the time of building permit issuance. The Applicant shall have an appraisal done and the fee shall be calculated on Lots 1 and 2 of the Subdivision prior to obtaining a building permit for any of the units within the development. Section 22: Exterior Lighting All exterior lighting shall meet the City's Lighting Code Requirements pursuant to Land Use Code Section 26.575.150, Outdoor Lighting. Section 23: Previous Approvals Phase I Development Approvals to construct the single-family residences on Lots 1 and 2 of the Little Ajax Subdivision shall be null and void upon recording a plat for the Phase 2 development approvals. Section 24: Wildlife Trash Containers The Applicant shall install a wildlife-proof trash container meeting the requirements of the Environmental Health Department. Section 25: Condominiumization The Applicant shall record a condominium plat when nearing completion of the development. The condominium plat shall be reviewed administratively pursuant to Land Use Code Section 26.480.090, Condomininmization. Section 26: Cit~ Subsidy The City shall subsidize the project at a rate of $89,000 per bedroom, minus the dollar amount of the discount provided on the water tap fees pursuant to Section 12 of this ordinance and the City shall also buy-down four of the three-bedroom units from Category 4 to Category 3 at the time of sale of the four (4) units. The total subsidy amount that shall be provided by the City is calculated as follows: SILVIA DAVIS PITKIN COUNTY CO R 46.00 D 0.00 $89,000 multiplied by 41 total bedrooms = $3,649,000.00 $3,649,000.00 minus $72,775.50 (Value-of Water Fee Waiver) = $3,576,224.50 $3,576,224.50 plus $352,000 ($88,000 multiplied by 4 units to buy-down four (4) units from Category 4 to Category 3) = $3,928,224.50 However, the value of the water tap fee waiver is an estimate that is subject to change based upon the submittal of ftnal utility drawings at the time of building permit. The City Zoning Officer shall calculate the final subsidy amount at the time of building permit review after obtaining the final value of the of the water tap fee waiver from the City Water Department. Section 27: 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 construed and concluded under such prior ordinances. Section 28: 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 29: A public heating on the ordinance shall be held on the 24th day of January, 2005, 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 cimulation 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 10th day of January, 2005. KJathryn S. Ko~, City Clerk Page: 8 o{~ 9 05/13/2005 01:55: SILVIA DAVIS PITKIN COUNTY CO R 46.00 D 0.00 FINALLY, adopted, passed and approved this 24th day of January, 2005. Attest: l~rk ~ '~--~ Approved as to form: /J~hn P~. VCo'~c[ster, City Attorney