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HomeMy WebLinkAboutordinance.council.015-00 IIIII IIIII IIIIII IIIII IIIII IIIIIIIIIIIIII IIIII IIIIIIII 444934 07/1t/2000 10:50i~ ORDXNI~NC DFIVXS SXLVX I of 12 R 60.00 D 0,00 N 0.~0 PITKZN COUNTY CO Ordinance No. I5 (Series of 2000) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN GRANTING CONCEPTUAL AND FINAL PLANNED UNIT DEVELOPMENT APPROVAL, SUBDMSION APPROVAL, REZONING TO OFFICE-PLANNED UNIT DEVELOPMENT lO-PUD), AND A GROWTH MANAGEMENT EXEMPTION FOR THE DRACO, INCORPORATED, AFFORDABLE HOUSING PROJECT, 210 NORTH MILL STREET, CITY OF ASPEN. Parcel ID No. 2735.073.18.001 WHEREAS, the Community Development Department received an application from DRACO, Inc., a Colorado Corporation, Stoney Davis, Managing Member, owner and applicant, represented by Mitch Haas of Haas Land Planning for Rezoning, Subdivision, Residential Design Review Appeal, Special Review for Parking, Growth Management Exemptions, Conceptual and Final Planned Unit Development, and vested rights, for a proposed developmem to contain six (6) residential units restricted to the affordable housing guidelines of the AsperffPitkin County Housing Authority to be contained on a parcel of land currently developed with a commercial building known as Community Banks and described as 210 North Mill Street and also described as "Cap's Auto parcel" on the "Cap's Auto / City of Aspen Land Exchange" plat recorded in plat book 23, page 6 I, Pitkin County Recorder, Parcel ID No. 2735.073.18.001; and, WHEREAS, the applicant amended the application on June 12, 2000, as depicted in attachment A of this Ordinance, to include a total of seven (7) residential units in a revised three-story building with no on-site parking and the provision of six (6) off-site parking spaces to be conveyed by the City of Aspen at the Benedict Commons Building in consideration of $90,000 to be paid by the applicant; and, WHEREAS, the applicant voluntarily desires to deed restrict the seven (7) affordable housing units to restrict the amount of rent that can be charged consistent with the Aspen/Pitkin County Housing Authority Housing Guidelines; and, WHEREAS, the Colorado Supreme Court in the case entitled Town of Telluride v. Lot Thirty-Four Venture L.L.C. (case No. 98-5C-547, decided June 5, 2000) held that Section 38-12-301, C,R.S., prohibits the enactment of an ordinance that imposes rant controls; and, WHEREAS, Section 38-12-301, C.R.S., states that the rent control statute is not intended to impair the right of a municipality to manage and control any property in which it has an interest through a housing authority; and, WHEREAS, the applicant desires to grar~t to the AspergPitkin County Housing Authority an interest in the property; and, WHEREAS, the Aspen/Pitkin County Housing Authority has consented to accepting an interest in the property on conditions that it be indemnified and held harmless from any claims, liability, fees or similar charges related to ownership of an interest in the property; and, Ordinance No. t5, Series of 2000 Page 1 I IIIIII IIIII IIIIII IIIII IIIII IIII IIIIIII III IIIII IIII IIII 444934 07/11/2000 10:50;I ORDXNI:INC DI~¥XS $XLVX 2 o+' 12 R 60.00 D 0.00 N 0.00 PXTKXN COUNTY CO WHEREAS, pursuant to Section 26.304.060, the Special Review for Parking and Residential Design Review Appeal has been combined with the Planned Unit Development review; and, WHEREAS, pursuant to Sections 26.304, 26.310, 26.445, 26.480, and 26.710 of the Land Use Code, land use applications requesting land use review for Rezoning for Planned Unit Development Overlay designation, Planned Unit Development Conceptual and Final plan adoption, Subdivision approval, and Growth Management Quota System Exemption may be approved, approved with conditions, or denied by the City Council at a duly noticed public hearing after considering recommendations by the Commuuity Development Director, the Planning and Zoning Commission made at a duly noticed public hearing, the Aspen/Pitkin County Housing Authority, the appropriate refencal agencies, and members of the general public; and, WHEREAS, the Fire Marshal, Aspen Consolidated Sanitation District, the City Water Deparmaent, City Engineering, City Parks Department, the Aspen/Pitkin County Building Department, the Aspen/Pitkin County Housing Authority, the Pitkin County Planning Deparmaent, the Environmental Health Department, and the Community Development Department reviewed the proposal and recommended approval with conditions; and, VqHEREAS, during a duly noticed public hearing on April 18, 2000, the Planning and Zoning Commission considered the noted recommendations and comments from the general public and recommended, by a seven to zero (7-0) vote, the City Council approve the Rezoning for PUD Overlay designation, adoption of a Final PUD Plan and Subdivision for an Affordable Housing addition to a conunercial building to contain six (6) permanently affordable units and an appurtenant parking garage structure, with the conditions of approval contained herein; and, WHEREAS, during a duly noticed public hearing on April 18, 2000, the Planning and Zoning Commission considered and passed, by a seven to zero (7-0) vote, a second motion encouraging the applicant to amend the application to provide additional dwelling units and off-site parking, as opposed to on-site parking, and that such an amendment would not require reconsideration by the Commission; and, WHEREAS, during a regular meeting on April 19, 2000, the AsperffPitkin County Housing Authority Board considered the application and recommended City Council approve the GMQS exemption, with one condition of approval contained herein; and, WHEREAS, City Council reviewed and considered the recommendations of the Community Development Director, the Planning and Zoning Commission, the Aspen/Pitkin County Housing Authority Board, the above mentioned referral agencies, and members of the public during a duly noticed public heating; and, WHEREAS, the City Council finds that the proposed development meets or exceeds all applicable standards and that approval of the amendment is consistent with the goals and elements of the Aspen Area Community Plan; and, Ordinance No. 15, Series of 2000 Page 2 I IIIIII IIIII IIIIII IIIII IIIII IIII IIIIIII iii IIIII IIII IIII 444934 9712.112999 ~.9:591~ ORDI'NI:INC D;IVTS STLV'r 3 e( 12 R 60.00 D 9.00 N 0.00 P]'TK1'N COUNTY CO 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 the Aspen Land Use Code, Title 26 of the Municipal Code, the DRACO, Incorporated Affordable Housing Project, consisting of seven (7) permanently affordable residential units to be owned by Pitkin County employers (with an interest owned by the Aspen/Pitkin County Housing Authority) and rented to qualified Pitkin County residents, as defined by the AsperffPitkin County Affordable Housing Guidelines as amended, is hereby granted Conceptual and Final Planned Unit Development Plan approval, Subdivision approval, an Exemption from the scoring and competition procedures of the Aspen/Pitkin Growth Management Quota System, a Zone District Map Amendment to reflect the addition of a Planned Unit Development Overlay, and waiver of Land Use Review fees, park development impact fees, building permit fees and water tap fees, subject to the conditions of approval listed hereinafter. Section 2: The Official Zone District Map of the City of Aspen shall be, and is hereby, amended by the Community Development Director to reflect the subject parcel, described as "Cap's Auto parcel" on the "Cap's Auto / City of Aspen Land Exchange" plat recorded in plat book 23, page 61, Pitkin County Recorder, Parcel ID No. 2735.073.18.001, as included in the Office Zone District with a Planned Unit Development Overlay (O-PUD). Section 3: The City of Aspen hereby grants a yard and access easement to'the applicant to accommodate building code requirements related to light and egress, subject to affirmation on the final Subdivision plat, and an access and maintenance easement to accommodate the proposed "bridge to parking garage," subject to affirmation on the final Subdivision plat. Section 4: Conditions of Approval: 1. Prior to final recordation of the Subdivision plat, the Aspen City Council and the Pitkin County Board of County Commissioners shall grant yard and access easements as depicted on the plat. Failure to affirm the easements shall render the PUD Final Plan approval null and void unless amended in a manner that does not require the specific easement. An amendinent which reduces or eliminates the need for either of these easements shall be approved by the Community Development Director by affirming the Final PUD Plans. 2. 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 Final PUD Development Plans. The Subdivision plat shall include easements and signature blocks for any utility mains that are intended to serve adjacent parcels. The Ordinance No. 15, Series of 2000 Page 3 I IIIIII IIIII IIIIII IIIII IIIII IIII IIIIIII III IIIII IIII IIII 444934 97/3,1/2000 10:50~ ORDXNRNC DRVX$ $XLVX 4 of' 12 R 60.00 D 8.08 N 0.00 P]'TKTN COUNTY CO Subdivision plat shall depict and describe easements granted by Pitkin County (if necessary) and the City of Aspen related to yard setbacks and access easements and shall include signature blocks represent'rog the.respective property owners. The Final PUD Plans shall include an illustrative site plan that shows landscape features and describes the dimensional requirements of the PUD, an architectural character plan, a utility plan, and a grading/drainage mitigation plan that includes mitigation measures for the construction phase. A separate landscape plan is not necessary. A copy of the drainage report used to define the appropriate drainage mitigation shall be provided to the City Engineering Department for review and approval (not for recording). No clear water may be directed to the sanitary sewer. The drainage report shall indicate the appropriate depth and maintenance interval for drywells. 3. 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 m this development approval. The agreement shall include any provision for using the City of Aspen parking lot(s) north of the parcel for construction staging and contractor parking. With regard to the "bridge to parking garage," the agreement shall describe the ownership, construction process, construction cost and responsibility, and ongoing responsibilities including maintenance of the improvement. The agreement shall include a provision that ensures adequate access for garbage service providers. The agreement shall include a maintenance provision for any on-site drywells. The agreement shall include an agreement to join any future improvement districts that would benefit the property under an assessment formula. The agreement shall describe the off- site parking spaces to be located at Benedict Commons and shall require conveyance of said spaces prior m issuance ora Certificate of Occupancy. All of these parking spaces shall be conveyed appurtenant to the associated residential unit and shall not be conveyed separately. The agreemem shall reference the applicant's desire to convey to the Aspen/Pitkin County Housing Authority ownership of an undivided interest in the property and that such conveyance shall take place on or before application for a building permit. Fallttre to affirm the AsperffPitkin County Housing Authority interest in the property shall render the approval null and void. The agreement shall indemnify and hold harmless the Asper~Pitkin County Housing Authority from any cost claims, liability, fees or similar charges of any nature related to ownership of an interest in the property. 4. The following dimensional requirements of the PUD are approved and shall be printed on the Final Illustrative Plan: a. Minimum Lot Size. 6,000 square feet b. Minimum Lot Area per dwelling unit. 7 total residential units c. Maximum allowable density. 7 residential units d. Minimum lot width. 60 feet. e. Minimum front yard. As shown on Final PUD Plans f. Minimum side yard. As shown on Final PUD Plans g. Minimum rear yard. As shown on Final PUD Plans h. Maximum site coverage. No requirement. i. Maximum height: 25 feet for the commercial portion of building. Ordinance No. 15, Series of 2000 Page 4 I IIIIII IIIII IIIIII IIIII IIIII IIII IIIIIII III IIIII IIII IIII 444934 0?/1112000 10:501:10RDXNI:INC DI:IVXS 9XLVX 9 o¢ 12 R 60.00 D 0,00 N 0.00 PXTKXN COUNTY CO 30 feet for the residential portion of building. All as measured to a flat roof. j. Minimum distance between buildings. No requirement. k. Minimum pement open space. No requirement. 1. Trash access area. Access to the garbage area shall be provided to the garbage service provider. m. Allowable Floor Area Ratio. 1.64:1 n. Minimum off-street parking spaces. 6 for the Residential portion to be provided off-site in fee at the Benedict Commons Building. 8 for the Commercial portion. o. Commercial Square Footage. 6,250 square feet. p. Residential Square Footage. 7,400 square feet. (The Allowable FAR shall prevail upon discrepancy.) 5. Prior to applying for a building permit the applicant shall: a. Record the final Subdivision Plat, PUD Plans, and PUD Agreement, as described above. b. Execute and submit a shared (sanitation) service agreement and pay all necessary fees to the Aspen Consolidated Sanitation District. c.Provide an air quality mitigation plan for review and acceptance by the Environmental Health Department. d.Record the appropriate affordable housing deed restrictions with the Pitkin County Clerk and Recorder. 6. The Building Permit Plans shall include/depict/demonstrate: a. A current [within 12 months) site improvement survey. b.A letter from the primary contractor stating the conditions of the development order have been read and understood. c. A fugitive dust control plan with provision for watering affected streets. d. An encroachment license for the construction period and a permanent encroachment agreement for any improvements on City property including, but not limited to, a heated sidewalk system if necessary. e. A shared service agreement for City Water. f. Any physical improvements required by the Air Quality Mitigation Plan approved by the Environmental Health Department. g. A completed Asbestos Form, available from the City Environmental Health Department. h. Compliance with all pertinent requirements of the Building Code, as amended. Ordinance No. 15. Series of 2000 Page 5 I IIIIII IIIII IIIIII IIIII IIIII IIII IIIIIII III IIIII IIII IIII 444934 97/J, 1/2000 J,0:50~10RDXNlllNC DI~VX$ SXLVX 6 of' 12 R 68.00 D 0.89 N 9.09 PZTKTN C0UNTY CO i. Compliance with all pertinent req~i~e'm-~t~t-h~ F~re Mai-shal-i~a~hi~llng-~ - - · adequate fire suppression system. j. Full payment of required $4,120 in-lieu of School Land Dedication. 7. The applicant shall inform the primary contractor about any agreement reached regarding the City parking lot(s) north of the Community Banks building for construction staging and contractor parking. 8. The applicant is encouraged to monitor noise and dust levels and accommodate neighboring land uses and residents to the extent practicable. Construction is prohibited between 7 p.m. and 7 a.m. and all day Sundays. The applicant is encouraged to provide recycling containers for residents. 9. The Subdivision Plat may represent a boundary between the existing commercial building and the proposed affordable housing for the purposes ora transfer of the affordable housing component to a development entity and security instrument only, This boundary line does not affect a Subdivision, pursuant to subparagraph B of the Subdivision definition. Both the applicant (as the owner of the existing commercial building) and the development entity for the affordable housing shall join in the condominiumization of both components (the affordable housing and the existing commemiai building) of the Cap's Auto parcel. A Condominium Map or a formal Subdivision must be approved by the City and recorded prior to transferal of separate deeded interests. 10. Adoption of this Planned Unit Development Final Plan fully incorporates the Special RevieTM for Parking and variances from the Residential Design Standards. The six (6) off-site parking spaces represent compliance with the Land Use Code. The Architecture depicted in the Final Plan, attached, represents compliance with the Land Use Code. 11. The residential units shall be deed restricted to Category 3, or lower, rental restrictions, as defined by the AspenZPitkin County Housing Authority. The units may be transferred to Pitldn County employers at unrestricted rates and shall be rented to Pitkin County employees at the Category 3, or lower, rental rote for periods of no less than 6 months. The trait owners (employers) shall retain the right to select tenants that qualify for Category 3 rental, according to the Housing Guidelines in effect at the thne of each lease. Deed restrictions reflecting this condition shall be recorded prior to application for a building permit. 12. These permanently affordable residential units are hereby exempted from the Growth Management Quota System and the units may not be used to mitigate other growth impacts. 13. As represented by the applicant during the Planning and Zoning Commission hearing, the south wail of the existing commercial building will be painted or surfaced with stucco to more closely match the exterior aesthetic of the north and west facades of the exisfmg building. The residential addition will incorporate brick or brick veneer. Ordinance No. 15, Series of 2000 Page 6 I IIIIII IIIII IIIIII IIIII IIIII IIII IIIIIII III IIIII IIII IIII 444934 97/1112000 1.0:50;I ORDINRNC DRVI$ $ILV! 7 g~; 1.2 R 60.00 D 0.00 N 8.00 P~TKIN COUNTY CO Section 5: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein granted, whether in public hearing or documentation presented before the Housing Authority Board, the Aspen Planning and Zoning Commission or 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 an authorized entity. Section 6: 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 conducted and concluded under such prior ordinances. Section 7: 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, distincl and indgpendent provision and shall not affect the validity of the remaining portions thereof. Section 8: Pursuant to Section 26.304.070 of the Municipal Code. the City Clerk shall cause notice of this Ord'mance to be published in a newspaper of general circulation within the City of Aspen no later than fourteen (14) days following final adoption hereof. Section 9: A public hearing on the Ordinance was held on the 12th day of June, 2000, at 5:00 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. I,~.:?RODUCED, READ AND ORDERED PUBLISHED as provided by law, City Council of the City of Aspen on the Sth day of May, 2000.. Ordinance No. 15. Series of 2000 Page 7 FINALLY, adopted, passed and approved this. { ~' day of,~u~, 2000. Approved as to form: Approved as to content: · Clerk Attachment A - Approved modifications to proposal. 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