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Home My WebLink Aboutresolution.apz.014-08RESOLUTION N0. 14 (SERIES OF 2008) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING CITY COUNCIL APPROVE A CONCEPTUAL PLANNED UNIT DEVELOPMENT FOR ASPEN WALK, COMMONLY DESCRIBED AS 404 PARK AVENUE AND 414 PARK CIRCLE, LEGALLY DESCRIBED AS LOT 3 AND 5, SUNNY PARK SUBDIVISION, CITY OF ASPEN, PITHIN COUNTY, COLORADO Parcel ID: 2737-074-04-705 2737-0741-04-701 WHEREAS, the Community Development Department received an application from PFG Aspen Walk, LLC and the Aspen Pitkin County Housing Authority represented by Stan Clauson of Stan Clauson Associates, Inc., requesting the Planning and Zoning Commission recommend approval of a Conceptual Development Plan for a Planned Unit Development (PUD); and, WHEREAS, an application was submitted to consider both lots as one site to be redeveloped with amulti-family structure containing twenty-five (25) affordable housing units and fourteen (14) market rate dwelling units; and WHEREAS, the application requested that the PUD's dimensional standards meet the underlying zone district standards of the Residential Multi-Family (RMF) zone district with the exception of Maximum Height, Maximum Allowable Floor Area, Minimum Setback and Minimum Off-Street Parking; and WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, Building Department, Fire Protection District, and Parks Department as a result of the Development Review Committee meeting; and, WHEREAS, pursuant to Section 26.445 of the Land Use Code, Conceptual PUD approval may be reviewed 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, during a regular meeting on April 15, 2008, the Planning and Zoning Commission opened a duly noticed public hearing to consider the project and continued the public hearing to May 20, 2008; and WHEREAS, on May 20, 2008, the Planning and Zoning Commission continued the public hearing on Aspen Walk, reviewed the proposed changes of the project and design which included fourteen (14) market rate dwelling units and twenty-four (24) affordable housing units and r commended City Council approve the Conceptual Planned Unit Development application by a~ouY to~ (~-~l vote, with the findings and conditions listed hereinafter; and, Page 1 of 4 WHEREAS, Conceptual PUD approval, if granted by City Council, shall only grant the ability for the applicant to submit a Final PUD and the proposed development is further subject to Final PUD review as well as additional relevant land use review approval pursuant to the Municipal Code; and, WHEREAS, the Commission finds that the development review standards for Conceptual PUD have been met, as long as certain conditions are implemented. NOW, THEREFORE BE IT RESOLVED that the Planning and Zoning Commission recommends that the City Council approve the Conceptual Planned Unit Development for the project known as Aspen Walk, subject to the conditions listed in Section 1 below. Section 1: The approval is subject to the following conditions: The Final PUD application shall reflect and demonstrate compliance with the findings of the Commission, allowing for the development of amulti-family structure containing twenty- four (24) affordable housing units and fourteen (14) market rate units. Additionally, the Final PUD maybe submitted with the following dimensional standards as requested in the application: • The Maximum Allowable Floor Area shall be no greater than 46,725 sq. ft. or a Floor Area Ratio of 1.42:1. • The Maximum Allowable Height shall be no greater than 32 (excepting elevator shafts) feet as outlined in the application. • The Minimum Off-Street Parking standard for the affordable housing units shall be 25 spaces for the 24 units. • The Minimum Alternative Front Yard Setback shall be 0 feet as outlined in the application or as accomplished through a land swap with the City of Aspen with respect to right-of--way. 2. The Final PUD application shall include: a. An application for Final PUD application and the proposed development is further subject to Final PUD review as well as associated land use review approvals pursuant to the Municipal Code. Apre-application conference with a member of the Community Development Department is required prior to submitting an application. b. Delineation of all dimensional provisions to become requirements of the PUD. Section 2: Building The final design shall meet adopted building codes and requirements if and when a building permit is submitted. Clarification and code compliance on the shared property line, exiting from the basement garage, exiting from the market rate units, existing from each story, elevator openings, accessible parking spaces, accessible entries, and the 2003 Efficient Building Program is required. Section 3: Engineering Page 2 of 4 Final design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the Engineering Department. Resolution of the proposed land swap (approximately 618 sq. ft. of public right of way for a certain amount of private property) shall be resolved prior to Final PUD application. Storm water drainage fees maybe applicable to this development proposal. Section 4: Affordable Housing Provision of affordable housing shall be such as to provide 100% replacement for the existing free market units and the existing affordable housing units to be demolished. Section 5: Fire Mitieation 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 6: Public Works 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. Utility placement and design shall meet adopted City of Aspen standards. Section 7: Sanitation District Requirements Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. Section 8: Environmental Health The state of Colorado mandates specific mitigation requirements with regard to asbestos. Additionally, code requirements to be aware of when filing a building permit include: a prohibition on engine idling, regulation of fireplaces, fugitive dust requirements, noise abatement and pool designs. Section 9: Exterior LiEhtin~ 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 10: School Lands Dedication and Imaact Fees The Applicant shall pay all impact fees and the school lands dedication assessed at the time of building permit application submittal and paid at building permit issuance. Section 11: Parks A formal vegetation protection plan shall be required with building permit application. Final layout of the plantings within the public right-of--way require Park Department approval and shall meet the comments from the Parks Department during the Development Review Committee meeting. Section 12: This Resolution 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 Page 3 of 4 as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 13• If any section, subsection, sentence, clause, phrase, or portion of this Resolution 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. APPROVED by the Commission at its regular meeting on May 20, 2008. APPROVED AS TO FORM: P 1}NG AND ZONING COMMISSION: im True, Assistant City Attorney LJ spam ,Chair ATTEST: __ _ J ie Lothia ,Deputy City Clerk Page 4 of 4