HomeMy WebLinkAboutordinance.council.028-17 ORDINANCE NO. 28
(SERIES OF 2017)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING MAJOR PUBLIC
PROJECT REVIEW APPROVAL AND ASSOCIATED LAND USE REVIEWS FOR 802
W. MAIN STREET, LEGALLY DESCRIBED AS LOTS Q, R, AND S, BLOCK 12, CITY
AND TOWNSITE OF ASPEN,PITKIN COUNTY,COLORADO.
Parcel ID: 273512308005
WHEREAS, the Community Development Department received an application for 802
W. Main Street (the Application) from Aspen Housing Partners LLC (Applicant) with consent
from the City of Aspen (Owner) for Major Public Project Review; and,
WHEREAS, all code citation references are to the City of Aspen Land Use Code in
effect on the day of initial application—August 2, 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 September 6, 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 October 18, 2017, and recommended approval; and,
WHEREAS, the Planning & Zoning Commission reviewed the Application at a duly
noticed public hearing on October 3, 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. 13, Series
of 2017, by a vote of six to zero (6— 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
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,
1111111111INIII 1111111111111111111111111111111 802 W. Main Street
RECEPTION#: 644160, R: $68.00, D: $0.00 Aspen City Council
DOC CODE: ORDINANCE Ordinance No. 28, Series 2017
Pg 1 of 12, 01103/2018 at 11:07:51 AM Page 1 of 12
Janice K.Vos Caudill, Pitkin County, CO
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 November 13, 2017, the Aspen City Council approved Ordinance No. 28,
Series of 2017 with conditions, on First Reading by a five to zero (5 —0)vote; and,
WHEREAS, during a duly noticed public hearing on November 23, 2017, the Aspen
City Council approved Ordinance No. 28, 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, 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 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 802 W. Main Street Major Public Project review and the associated
land use review approvals for Rezoning, Planned Development, Growth Management, and
Residential Design Standards, subject to the conditions of approval as listed herein. The
proposed project includes rezoning the property to Affordable Housing/Planned Development
(AH/PD), and development of ten (10) 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 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: Rezoning
The Official Zone District Map of the City of Aspen shall be, upon filing of the PD 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:
802 W. Main Street
Aspen City Council
Ordinance No. 28, Series 2017
Page 2 of 12
Lots Q. R, and S, Block 12, City and Townsite of Aspen.
Section 3: Approval Documents
In accordance with Section 26.490.040, Approval Documents Content 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 Housing
City Council hereby grants approval of ten (10) affordable housing units. The unit types shall be
as follows:
1. Ten (10) 1-bedroom units (17.5 FTEs)
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
101 681.9 700 2.6%
102 690.6 700 1.4%
103 626.5 700 10.5%
104 690.6 700 1.4%
105 684.9 700 2.2%
201 681.9 700 2.6%
202 690.6 700 1.4%
203 626.5 700 10.5%
204 690.6 700 1.4%
205 684.9 700 2.2%
802 W. Main Street
Aspen City Council
Ordinance No. 28, Series 2017
Page 3 of 12
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 affordable 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).
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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 95 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.
802 W. Main Street
Aspen City Council
Ordinance No.28, Series 2017
Page 4 of 12
Section 5: Parkine Impact Requirement
A minimum of ten (10) parking spaces shall be provided in the Main Street right-of-way, with
final configuration and orientation to be approved by the Engineering Department. The Final
Planned Development Plat and Agreement shall include an easement preventing future structures
(beyond those represented) or above ground utilities from being located in the area adjacent to
the alley if it is needed in the future for parking due to potential changes to the adjacent Main
Street right-of-way. In this event, required parking shall be relocated to within the easement and
the trash enclosure and exterior staircase shall be relocated within the courtyard area. If ten (10)
spaces cannot be accommodated in the easement, the remaining parking impact units in the form
of TIA credits. cash-in-lieu (at a rate of $38,000), or shared parking elsewhere in the Urban
Growth Boundary (UGB), at the discretion of the applicant, shall be required at that time.
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).
Section 9: 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. Tree protection fencing is required and must be inspected prior to any construction activity.
3. 5' minimum planting strip for Right of Ways.
4. City Forester to determine how close to trunk of evergreen at corner of 7th & Main applicant
can get for foundation of house.
5. Floating sidewalk may be required around large evergreen at corner of 7th & Main.
6. Aspen tree at neighbors io the west will require a jogged sidewalk with a floating component.
7. Tree species to be planted need to be vetted by City Forester.
8. This project is subject to the Water Efficiency Landscape Standards, Municipal Code
Chapter 25.30.
802 W. Main Street
Aspen City Council
Ordinance No. 28, Series 2017
Page 5 of 12
Section 10: 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. Old service lines must be excavated and abandoned at the main sanitary sewer line according
to specific ACSD requirements and prior to soil stabilization. Soil nails are not allowed in
ROW.
4. On-site utility plans require approval by ACSD.
5. Connection to the ACSD sewer system will require installation of a pumping system.
6. One tap is allowed for each building.
7. Shared service line agreements will 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.
9. All ACSD fees must be paid prior to the issuance of a building permit.
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. 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 11: 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.
802 W. Main Street
Aspen City Council
Ordinance No. 28, Series 2017
Page 6 of 12
Section 12: Outdoor Lighting and Signage
All outdoor lighting and all signage shall meet the requirements of the Municipal Code.
Section 13: Building Department
All applicable building and accessibility codes in place at the time of building permit submission
shall be met.
Section 14: Transportation Impact Analysis (TIA)
The approved project generates a maximum of 8.1 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 15: Impact Fees and School Land Dedication
The Parks Development and TDM/Air Quality impact fees as required by Section 26.610 and
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.
Section 16: Vested Rights
The development approvals granted herein shall constitute a site-specific development plan vested
for a period of five (5)years from the date of issuance of a development order.
Section 17: 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 IS: 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 19: 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 20: Public Hearing
A public hearing on this ordinance shall be held on the 27th day of November, 2017, at a meeting of
the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall,
802 W. Main Street
Aspen City Council
Ordinance No. 28, Series 2017
Page 7 of 12
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 13th day of November, 2017.
At t: LAIN
1 /
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Linda Manning,City Cle k Stev(n Skadr n, Mayor
FINALLY, adopted, passed and approved this 27th day of November, 2017.
A
tt st:
Linda Manning, City C erk Steven Skad on, Mayor
Approved as to form:
J es R True,City Attorney
Attachments:
Exhibit A:Approved Dimensional Requirements
Exhibit B:Approved Plans and Elevations
802 W. Main Street
Aspen City Council
Ordinance No.28, Series 2017
Page 8 of 12
Exhibit A—Approved Dimensional Requirements
Dimensions
Pro osed
Minimum,Gross Lot Area_ 9,000sq. I't.
Minimum Net Lot Area per,Unit 900 sq. ft.
Maximum Allowable Density, _- 10 units
Minimum Lot Width, 75 ft.
Minimum FrontYard Setback '�-`,M,. 2.5 ft.'
Minimum Side Yard Setback (East): 2.5 ft.'
MinimumiSide,Yard Setback: West u" 3.5 ft.
Minimum Rear Yard Setback ` ]0 ft.
Maximum Site Coverage 47%
Maximum Height 28 ft.
Minimum Percept O en S ace" ` : ' 50%
Minimum Trash Access Area 150 sq. ft.
Maximum Allowable Floor Area 8,416 sq. ft.
Maximum Allowable DeckArea ;, : 2,463 sq. ft.
Minimum Parkin _ "'
"U" 10 s aceS2
decks and balconies are permitted to encroach into the setback in addition to the allowed projections
listed in Section 26.575.020.E(5).
Zto be provided pursuant to Section 5: Parking Impact Requirement, of this Ordinance.
802 W. Main Street
Aspen City Council
Ordinance No. 28, Series 2017
Page 9 of 12
Exhibit B —Approved Plans and Elevations
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802 W. Main Street
Aspen City Council
Ordinance No. 28, Series 2017
Page 10 of 12
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802 W. Main Street
Aspen City Council
Ordinance No. 28, Series 2017
Page 12 of 12