HomeMy WebLinkAboutresolution.apz.004-10RECEPTION#: 567220, 02/25/2010 at
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RESOLUTION N0. ~ Janice K. Vos Caudill, Pitkin County, CO
(SERIES OF 2010) `
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION APPROVING AFFORDABLE HOUSING GROWTH
MANAGEMENT REVIEW, AND RECOMMENDING THE CITY COUNCIL
APPROVE A FINAL PLANNED UNIT DEVELOPMENT (PUD), REZONING,
AND SUBDIVISION, WITH CONDITIONS, FOR THE DEVELOPMENT OF
EIGHT AFFORDABLE HOUSING UNITS FOR THE PROPERTY LOCATED
AT 301 W. HYMAN AVE, CITY OF ASPEN, PITHIN COUNTY, COLORADO.
ParcellD:273512467002
WHEREAS, the Community Development Department received an application
from Ajax Apartments LLC, represented Peter Fornell, requesting approval of final
Planned Unit Development (PUD), Affordable Housing Growth Management, Rezoning,
and Subdivision, to develop eight affordable housing units at 301 W. Hyman Ave.; and,
WHEREAS, the Applicant requests approval by the Planning and Zoning
Commission for Affordable Housing Growth Management; and,
WHEREAS, the Applicant requests a recommendation by the Planning and
Zoning Commission to the City Council for approval of Final Planned Unit Development
(PUD), Rezoning, and Subdivision; and,
WHEREAS, the property is located at 301 W. Hyman Ave. and is zoned
Moderate-Density Residential (R-15); and,
WHEREAS, upon initial review of the application and the applicable code
standards, the Community Development Department recommended the Applicant amend
the proposal to better comply with the azchitectural character requirements of a Planned Unit
Development (PUD); and,
WHEREAS, during a duly noticed public hearing on January 19, 2010, the
Planning and Zoning Commission approved a motion to continue the public hearing,
requesting that the applicant return with improvements to architectural chazacter; and
WHEREAS, during a duly noticed public heazing on February 2, 2010, the
Planning and Zoning Commission approved Resolution No. 4, Series of 2010, by a 7-0 vote,
approving Affordable Housing Growth Management Review for eight (8) one-bedroom
units, and recommending the Aspen City Council approve a Final PUD, Rezoning, and
Subdivision, with conditions; and,
WHEREAS, the Planning and Zoning Commission 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 Community
Resolution No 4, Series 2010
Page 1 of 6
Development Director, the applicable referral agencies, and has taken and considered public
comment; and,
WHEREAS, the Planning and Zoning Commission 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 Planning and Zoning Commission finds that this resolution
furtYters and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION 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, the Planning and Zoning Commission hereby approves Affordable Housing
Growth Management Review, creating eight (8) one-bedroom deed-restricted units; and
hereby recommends City Council approval of Final Planned Unit Development (PUD),
Rezoning, and Subdivision, subject to the following conditions.
Section 2: Rezonin
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, the
Planning and Zoning Commission hereby recommends that City Council rezone 301 W.
Hyman Ave. from R-15 to AH/PUD.
Section 3: Aaproved PUD Dimensional Requirements
Dimensional Req. 301 W.
H man
Minimum Lot Size 3,600 s . ft
Min. Lot Area / Dwellin Unit 450 s . ft
Maximum Allowable Densi 8 units
Minimum Lot Width 60 feet
Minimum Front Yard
(2"a floor balcony projects 6' into
setback 7.6••
Minimum Side Yard 9'2" -- east
1'2" -- west
Minimum Rear Yard
(2"a floor balcony projects 6' into
setback) 7'6°
Maximum Site Covera e 66%
Maximum Hei ht 25'
Minimum dist. between buildin s N/A
Minimum O en S ace N/A
Allowable Floor Area 4,486 s . ft.
Minimum Off-Street Parkin 0
Resolution No 4, Series 2010
Page 2 of 6
Minimum side yard setbacks adjusted from 0' to the west and 10'4" to the east; to 1'2" to
the west and 9'2" to the east, according to condition of approval by Planning and Zoning
Commission.
Off-street parking requirements established at zero (0) by Planning and Zoning
Commission, however condition of approval asks City to design four or more head-in
parking spaces in the adjacent Right of Way on W. Hyman, replacing existing parallel
parking, as noted in Section 12 of this Resolution.
Section 4: Engineerine
The Applicant's 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. The Applicant shall be subject to the Stormwater System
Development Fee.
The construction management plan submitted as part of building permit will address
construction and shall address how all construction activities will not impact all trees that
are remaining on the site.
Prior to the final approval by City Council, the Applicant shall work with the Engineering
Department and the Streets Department to ensure that any proposed Right-of--Way
improvements, including curbs and gutters, meet all applicable standards. Prior to final
approval by City Council, the applicant will work with the Engineering Department to
determine a proportionate share of any costs associated with Right-of--Way improvements
on the east side of 2nd Street to the extent this work upgrades the entrance to the Midland
Trail.
As condition of approval, Planning and Zoning Commission requires no sidewalk on
north side of parcel, along W. Hyman Ave.
Section 5: Affordable Housin
The eight (8) on-site, one-bedroom affordable housing units shall be deed restricted to
Category 2. The units shall be sold through the APCHA lottery process, with the
exception of two units to be sold by applicant (Ajax Apartments LLC) to APCHA-
qualified owners; subsequent owners to be determined through the APCHA lottery
process.
The sales price of all units shall be as stated in the APCHA guidelines in effect at the time
of recordation of the deed restriction plus appreciation calculated at three percent {3%) per
annum or the Consumer Price Index (simple appreciation not compounded), whichever is
less, as of the listing date of the units.
Resolution No 4, Series 2010
Page 3 of 6
Section 6: 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).
The applicant shall provide an overall access plan for the site with the building permit
submittal.
Section 7: Public Works
The Applicant shall comply with the City of Aspen Water System Standazds, 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 standazds. Each of the units
within the building shall have individual water meters.
The recorded plat shall provide adequate easements for all utility lines. This shall be
reviewed by engineering and the water department prior to recordation.
Section 8: Sanitation District Requirements
The Aspen Consolidated Sanitation District will require a new separate sewer service to
the district's main line located on the east side of Second Street, as a condition of CO.
Service is contingent upon compliance with the District's rules, regulations, and
specifications, which are on file at the District office.
Section 9: Environmental Health
The state of Colorado mandates specific mitigation requirements with regards to asbestos.
Additionally, code requirements to be awaze of when filing a building permit include: a
prohibition on engine idling, regulation of fireplaces, fugitive dust requirements and noise
abatement. Wildlife protection/enclosures for the trash and recycle area is required.
Section 10: Exterior Liehtine
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 11: Parks
Building permit plans shall include a detailed plan submitted for new street trees, with
species, location and tree trench preparations subject to approval of the City Forester. An
approved tree removal permit will be required before any demolition or access
infrastructure work takes place. Tree protection fences must be in place on the west and
south sides of the property line, and inspected by the City Forester or his/her designee
before construction activities commence.
No excavation, storage of materials, storage of construction backfill, storage of
equipment, foot or vehicle traffic allowed outside of the tree protection fencing. There
should be a location and standazd for this fencing denoted on the plan.
Resolution No 4, Series 2010
Page 4 of 6
Over digging into City property (west and south sides) is prohibited, any excavation shall
be vertical only.
The Planning and Zoning Commission recommended that the Parks Department
determine if additional screening between the Midland Ave. Trail and the subject parcel
should be established.
Section 12: Parlcin¢
There is no pazking on the property. Owners/renters will be eligible to purchase
Neighborhood Permits for on-street parking.
Sidewalk proposed just north of parcel to be removed from proposal, and four or more
head-in parking spaces to be designed in City Right of Way, as prescribed by Planning
and Zoning Commission as a condition of approval.
Section 13: Architectural Character
The City of Aspen Planning and Zoning Commission recommended that the balconies to the
east be shifted further east, and the balconies to the west be shifted further west; and also
recommended that the gables to the north and south be pulled back closer to the roof and
back from the eaves.
Section 14•
All material representations and commitments made by the Applicant pursuant to the
development proposal approvals as herein awarded, whether in public heazing or
documentation presented before the 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 15•
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 as herein provided, and the same shall be conducted and concluded
under such prior ordinances.
Section 16:
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 Planning and Zoning Commission of the City of Aspen on this 2"d
day of February, 2010.
Resolution No 4, Series 2010
Page 5 of 6
APPROVED AS TO FORM:
a-•---
int True, Special Counsel
ATTEST:
~ ~~.
ackie Lothian, Deputy City Clerk
v"
PLANNING AND ZONING
COMMISSION:
Stan Gibbs, Chair
Resolution No 4, Series 2010
Page 6 of 6