HomeMy WebLinkAboutordinance.council.025-05ORDINANCE NO. 25
(SERIES OF 2005)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING WITH
CONDITIONS, THE MOTHER LODE SUBDIVISION AND A GMQS
EXEMPTION FOR THE DEVELOPMENT OF AFFORDABLE HOUSING TO
CONSTRUCT A THREE STORY EXPANSION TO THE MOTHER LODE
BUILDING ON THE PROPERTY LOCATED AT 314 E. HYMAN AVENUE, CITY
OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID: 2 73 7-073-38-007
WHEREAS, the Community Development Department received an application
from Regent Properties, Inc, represented by Vann Associates, requesting approval of
Subdivision, various GMQS Exemptions, Special Review to pay cash-in-lieu of
providing the required pedestrian amenity, Special Review to establish the trash and
utility service area size, Special Review to establish affordable housing parking
requirements, and condominiumization to construct a three-story addition to the Mother
Lode Restaurant Building located at 314 E. Hyman Avenue; and,
WHEREAS, the subject property is zoned CC (Commercial Core); and,
WHEREAS, the Historic Preservation Commission reviewed and approved the
Conceptual HPC design and off-street parking waiver for the proposed development
pursuant to HPC Resolution No. 31, Series of 2004; and,
WHEREAS, upon review of the application, and the applicable code standards,
the Community Development Director approved an administrative GMQS exemption for
the enlargement of a property listed on the Aspen Inventory of Historic Landmark Sites and
Structures pursuant to Land Use Code Section 26.470.070(D)(3)(a) and a GMQS exemption
for the addition of one residential dwelling unit to a property listed on the Aspen Inventory
of Historic Landmark Sites and Structures pursuant to Land Use Code Section
26.470.070(D)(2)(a); and,
WHEREAS, upon review of the application, and the applicable code standards,
the Community Development Department recommended approval, with conditions, of the
proposed subdivision and associated land use requests; and,
WHEREAS, upon review of the application, and the applicable code standards,
the Planning and Zoning Commission approved a special review request to pay cash-in-
lieu of providing the required open space/pedestrian amenity, special review to establish
the affordable housing parking requirements, special review to establish the dimensional
requirements for the trash/utility/recycling area, and a GMQS exemption for the
construction of more than one free market dwelling unit on a historically designated
property pursuant to Resolution No. 12, Series of 2005; and,
WHEREAS, upon review of the application, and the applicable code standards,
the Planning and Zoning Commission also recommended that City Council approve with
conditions, the Mother Lode subdivision and a GMQS exemption for the development of
affordable housing pursuant to Resolution No. 12, Series of 2005; 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 heating; and,
WHEREAS, during a duly noted public hearing on May 9, 2005, the Aspen City
Council reviewed the proposed Mother Lode Subdivision and GMQS Exemption for the
development of affordable housing and approved Ordinance No. 25, Series of 2005,
approving with conditions, the Mother Lode Subdivision and a GMQS exemption for the
development of affordable housing to construct a three-story addition to the Mother Lode
building at 314 E. Hyman Avenue; 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 Mother Lode Subdivision and GMQS Exemption to
provide on-site affordable housing in order to construct a three-story addition to the
Mother Lode Restaurant Building located at 314 E. Hyman Avenue, with the conditions
contained herein.
Section 2: Plat and Agreement
The Applicant shall record a subdivision plat and agreement that meets the requirements of
Land Use Code Section 26.480, Subdivision, within 180 days of approval.
Section 3: Building Permit Application
The building permit application shall include the following:
a. A copy of the final Ordinance and recorded P&Z Resolution.
a. The conditions of approval printed on the cover page of the building permit set.
b. A completed tap permit for service with the Aspen Consolidated Sanitation District.
c. A drainage plan, including an erosion control plan, prepared by a Colorado licensed
Civil Engineer, which maintains sediment and debris on-site during and after
SlLVI~ DAVIS PITKIN COUNTY CO R 36.00 D 0.00
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.
A construction management plan pursuant to the Building Department's
requirements. The construction management plan shall include an identification of
construction hauling routes for review and approval by the City Engineer and
Streets Department Superintendent.
A fugitive dust control plan to be reviewed and approved by the Environmental
Health Department.
A detailed excavation plan that utilizes vertical soil stabilization techniques for
review and approval by the City Engineer.
Section 4: Dimensional Requirements
The redevelopment of the Mother Lode building shall be in compliance with the
dimensional requirements of the Commercial Core (CC) Zone District, with the exception
of off-street parking, trash/utility service area, and open space/pedestrian amenity
requirements. Off-street parking requirements shall be provided as represented in Section
5 below. The dimensions of the trash/utility service area shall be sixteen (16) feet wide
by sixteen (16) feet in depth as discussed in Section 6 below. The Applicant shall pay
cash-in-lieu of providing open space/pedestrian amenity as represented in Section 13
below.
Section 5: Off-street Parking
The project shall provide four (4) off-street parking spaces, one of which shall be
designated for the use of the occupants of the two (2) affordable housing units pursuant to
Planning and Zoning Commission Resolution No. 12, Series of 2005. The Historic
Preservation Commission waived the remainder of the parking requirements pursuant to
HPC Resolution No. 31, Series of 2004.
Section 6: Trash/Utility Service Area
A trash/utility service area of sixteen (16) feet wide by sixteen (16) feet long, accessed
from the alley, was approved by special review pursuant to Planning and Zoning
Commission Resolution No. 12, Series of 2005. The trash container shall be wildlife
proof.
Section 7: Affordable Housing
The Applicant shall record a deed restriction on each of the affordable housing units prior
to the issuance of a certificate of occupancy on the building classifying the units as
Category 2 units. If the Applicant chooses to deed restrict the affordable housing units as
rental units, the Applicant shall convey a 1/10 of a percent, undivided interest in the units
to the AsperffPitkin County Housing Authority prior to the issuance of a certificate of
occupancy on any portion of the building. The units may be deed-restricted as rental
units, but the units shall become ownership units at such time as the owners would
Page: 4 of T
0T/19/2005
SILVIA DAVIS PITKIN COUNTY DO R S6.00 0 0.00
request a change to "for-sale" units or at such time as the AsperffPitkin County Housing
Authority deems the units to be out of compliance with the rental occupancy
requirements in the Affordable Housing Guidelines for a period of more than year.
Section 8: Fire Mitigation
The Applicant shall install a fire sprinkler system and alarm system that meets the
requirements of the Fire Marshal.
Section 9: 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. Each of the units within the building shall have individual water meters.
Section 10: Sanitation District Requirements
The Applicant shall comply with the Aspen Consolidated Sanitation District's roles and
regulations. No clear water connections (roof, foundation, perimeter drains) to ACSD
lines shall be allowed. All improvements below grade shall require the use of a pumping
station. If more than one unit is to be served by a single service line, the Applicant shall
enter into a shared service line agreement.
Section 11: Electrical Department Requirements
The Applicant shall have an electric connect load summary conducted by a licensed
electrician in order to determine if the existing transformer on thc neighboring property
has sufficient capacity for thc Mother Lode Redevelopment. If a new supplemental
transformer is required to be installed on the Mother Lode property, the Applicant shall
provide for a new transformer and its location shall bc approved by the Community
Development Department prior to installation. The Applicant shall dedicate an easement
to allow for City Utility Personnel to access the supplemental transformer for
maintenance purposes, if a supplemental transformer is installed.
Section 12: Exterior Lighting
All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code
pursuant to Land Use Code Section 26.575.150, Outdoor lighting.
Section 13: Payment-in-lieu of Open Space/Pedestrian Amenity
Pursuant to Land Usc Code Section 26.575.030, Open Space, the Applicant shall pay a
cash in-lieu fee of providing the required open space/pedestrian amenity at the time of
building permit issuance. The amount due shall be calculated by the City Zoning Officer
at the time of building permit issuance using the methodology and fee schedule in place
at the time of building permit issuance.
Section 14: School Lands Dedication Fee
Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall
pay a fee-in-lieu of land dedication prior to building permit issuance. The City of Aspen
Zoning Officer shall calculate the amount due using the calculation methodology and fee
$~LVI~q DRVIS PZTKIN COUNTY CO e 3s.ee o 0.e0
schedule in affect at the time of building permit submittal. The Applicant shall provide
the market value of the land including site improvements, but excluding the value of
structures on the site.
Section 15: Park Development Impact Fee
Pursuant to Land Use Code Section 26.610, Park Development Impact Fee, the Applicant
shall pay a park development impact fee in the amount of $9,994 prior to building permit
issuance. The fee is assessed based on the following calculation:
Proposed Commercial:
3,804 SF minus 3,804 SF of existing net leasable = 0 new net leasable square feet
$0 due on commemial space
Proposed Residential
1 (three-bedroom) Free Market Residential Unit multiplied by $3,634 per unit= $3,634
3 (one-bedroom) Residential Units multiplied by $2,120 per unit= $6,360
Total: $9,994
Section 16:PM-10 Mitigation
The Applicant shall mitigate for the air quality impacts expected for the generation of 25
vehicle trips per day by enacting the following measures:
1. Maintaining the amount of proposed off-street parking that equals four
parking spaces for four total residential units.
2. Providing covered and secured bicycle storage.
3. The Homeowner's Association and the Commercial Tenant shall join the
Transportation Options Program.
Section 17: Condominiumization
Condominiumization of the project to define separate ownership of the project is hereby
approved by the City of Aspen, subject to recordation of a condominium plat in
compliance with the current (at the time of condo plat submission) plat requirements of
the City Community Development Engineer.
Section 18: Vested Property Rights
The development approvals granted herein shall constitute a site-specific development plan
vested for a period of three (3) 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:
Page: 6 o¢ T
07/19/2005 0~ :56~
$ILU~ D~VZ$ PITKZN COUNTY CO R 36.ee n e.ee
Notice is hereby given to the genera] public o£ thc approval of a site specific
development plan, and the crcatiun of a vested property right, pursuant to the Land
Use Code o£ the City of Aspen and Title 24, Article 68, Colorado Revised Statutes,
pertaining to thc following describcd property: LotsN and O, Block 81, City and
Townsitc of Aspen, by Ordinance No. 25, Series of2005, o£the Aspen City Council.
Section 19:
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 construed and concluded under such
prior ordinances.
Section 20:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or tmconstitutional 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:
A public hearing on the ordinance shall be held on thc 9th day of May, 2005, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which
heating 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 11th day of April, 2005.
Attest:
FINALLY, adopted, passed and approved this 9th day of May, 2005.
Attest:
Approved as to form:
Ymhn P~.~v'~Jrc-e~st ~r, City Attomey