Loading...
HomeMy WebLinkAboutresolution.apz.011-10RESOLUTION N0. 11 (SERIES OF 2010) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING APPROVAL OF AN AMENDMENT TO THE SPECIALLY PLANNED AREA AND GRANTING SPECIAL REVIEW APPROVAL FOR AN ATTACHED ACCESSORY DWELLING UNIT AND GROWTH MANAGEMENT APPROVALS FOR THE REPLACEMENT OF AFFORDABLE HOUSING AND A CHANGE IN USE APPROVAL TO PERMIT THE SILVER LINING RANCH TO BE CONVERTED INTO ASINGLE-FAMILY RESIDENCE, LOCATED ON LOT 5 OF THE STILLWATER RANCH SUBDIVISION, 1490 UTE AVENUE, CITY OF ASPEN, COLORADO. PARCEL ID: 2735-184-06-805 WHEREAS, the Community Development Department received an application from the Little Staz Foundation, LLC, owner of the property and KAT Ranch, LLC, contract purchaser of the property, both represented by Mitch Haas of Haas Land Planning, to convert the existing Silver Lining Ranch to asingle-family residence; and, WHEREAS, the property is the Silver Lining Ranch, located on Lot No. 5 of the Stillwater Subdivision and is more commonly known as 1490 Ute Avenue originally approved pursuant to Ordinance No. 11, Series of 1997, as anon-profit facility to assist children with cancer and similaz afflictions within a structure of approximately 18,000 squaze feet (roughly 14,000 of Floor Area) with three affordable housing units to serve employees of the operation; and, WHEREAS, the applicant proposes to convert the existing structure to asingle-family residence with the ability for the Little Staz Foundation to continue using the facility for up to five yeazs in the same non-profit manner as currently allowed; and, WHEREAS, conversion of the property to asingle-family residence requires an amendment to the Specially Planned Area approval, approval for the demolition of affordable housing, approval for achange-in-use, and approval for an Accessory Dwelling Unit to be attached to the main residence; and, WHEREAS, upon initial review of the subject application and the applicable code standards, the Community Development Department recommended denial of the application finding that the application did not meet the standards of review; and, WHEREAS, during a duly noticed public hearing on May 18, 2010, upon review and consideration of the recommendation of the Community Development Department, presentation from the applicant of the past and current condition of the property and the non-profit P&Z Reso No. 11, Series of 2010 Page 1 organization, public testimony, and discussion and consideration of the proposal, the Planning and Zoning Commission approved the change-in-use, special review, and demolition of affordable housing, and recommended in favor of the amendment to the SPA approval by a five to zero (5-0) vote with conditions and a recommendation for rezoning as outlined in this resolution. NOW, THEREFORE BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Recommendation to Amend the SPA The Planning and Zoning Commission recommends City Council approve the amendment to the Specially Planned Area approvals for Lot No. 5, Stillwater Subdivision, as follows: 1. In addition to the uses permitted on this property approved through Ordinance No. 11, Series of 1997, (the "Foundation use") this property may also be used as asingle-family residence including all necessary physical changes to affect and implement this change. The permitted dimensions for the property shall be those described in Ordinance 11, Series of 1997. 2. Foundation use may continue simultaneously with the single-family use for up to five (5) yeazs after the effective date of the City Council ordinance allowing this change. Afrer the fifth anniversary of the effective date of the City Council ordinance, the Foundation use shall no longer be permitted unless otherwise extended by the City. 3. A conservation easement shall be placed on the lower bench of the property over the azea currently zoned Conservation. The easement shall run to the benefit of an accredited land trust recognized by the State of Colorado. The easement shall be deemed acceptable as to form by the City Attorney prior to recording. 4. An SPA Amendment Agreement shall be recorded within 180 days of City Council approval and prior to acceptance of a building permit for the conversion. Anew plat is not required. Section 2: Aparoval to Develop an ADU Attached to the Main Residence The Planning and Zoning Commission approves the Special Review to permit an Accessory Dwelling Unit to be developed within the existing structure attached to the main residence, with one condition: 1. Prior to issuance of a building permit, Community Development staff shall review the design of the ADU for conformance with the remaining design standards for an ADU. P&Z Reso No. 11, Series of 2010 Page 2 Section 3: Aaaroval to Remove Three Affordable Housin¢ Units The Planning and Zoning Commission approves the removal of three affordable housing units currently incorporated in the existing building, with one condition: Within one (1) calendar week of the effective date of an ordinance granting City Council approval, the applicant shall deposit with the City a cash-in-lieu payment of $1,160,813.75, which payment and any interest accrued shall be immediately available for the City's use in any manner related to the development of affordable housing. If, prior to payment of the fee, the City amends the cash-in-lieu payment schedule the amount due shall be recalculated based on the following calculation: Unit No. Unit Type Category FTEs Housed Payment per FTE ma be amended 1 2-bedroom Cat 4 2.25 X $134,079 = $301,677.75 1 1-bedroom Cat 3 1.75 X $214,784 = $375,872.00 1 2-bedroom Cat 3 2.25 X $214,784 = $483,264.00 ~ Total Due: $1,160,813.75 ~ The cash-in-lieu money shall be held by the City in a separate account. The City shall return the full sum to the applicant, minus any interest accrued, if a Certificate of Affordable Housing Credit in the amount of 6.25 FTEs is provided to the City prior to the close of business on June 2, 2011. If a Certificate is not provided by the close of business on June 2, 2011, the applicant's Certificate option shall expire and the funds shall no longer be refundable to the applicant. The funds may then continue to be used by the City for the development of affordable housing without limitation. Section 4: Aaaroval for a Chance-in-Use The Planning and Zoning Commission approves the Growth Management Review for aChange- in-Use for the conversion of the property from an Essential Public Facility to aFree-Market Residence. The accounting for annual growth allotments shall reflect this change-in-use. Section 5: Recommendation to Rezone the Proaertv The Planning and Zoning Commission recommends the City Council consider rezoning this property to the Rural Residential Zone District and terminating the SPA approvals. This should be done concurrent with the expiration of the five-yeaz timeframe of the dual use (single-family and Foundation use) by approving a rezoning of the property with a delayed effective date. This will "clean" the property and enable the property's zoning and its use to be in alignment. The Commission recommends that any non-conforming aspects of the current structure compared with the RR Zone be considered legally-established and able to continue for the life of the structure. This would allow the current structure to continue but require any subsequent redevelopment of the property to be accomplished in conformance with the pazameters of the RR Zone. P&Z Reso No. 11, Series of 2010 Page 3 Section 6• All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awazded, whether in public hearing or documentation presented before the Planning and Zoning Commission, aze 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 7• 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 8: 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 18th day of May, 2010. APPROVED AS TO FORM: im True, Special Counsel ATTEST: clcie Lothrau, Deputy City PLANNING AND ZONING COMMISSION: ~.~F.< Stan Gibbs, Chairman P&Z Reso No. 11, Series of 2010 Page 4