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HomeMy WebLinkAboutresolution.apz.022-10 RESOLUTION N0. 22 (SERIES OF 2010) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING GROWTH MANAGEMENT REVIEW FOR AFFORDABLE HOUSING AND CHANGE IN USE, AFFORDABLE HOUSING CREDITS AND RECOMMENDING THE CITY COUNCIL APPROVE A FINAL PLANNED UNIT DEVELOPMENT (PUD), REZONING, AND SUBDIVISION, WITH CONDITIONS, FOR THE DEVELOPMENT OF 46 AFFORDABLE HOUSING UNITS FOR THE PROPERTY LEGALLY DESCRIBED AS LOTS K, L, M, N, 0, P, Q, R AND S, BLOCK 31, ASPEN TOWNSITE AND COMMONLY KNOWN AS 500 W. HOPKINS AVE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 273512449002 WHEREAS, the Community Development Department received an application from Aspen FSB -ABR LLC, represented by Michael Hoffman Esq., requesting approval of Final Planned Unit Development (PUD), Affordable Housing Growth Management, Change in Use Growth Management, Special Review for Off - Street Parking, Certificates of Affordable Housing Credits, Rezoning, and Subdivision, to develop 54 affordable housing units at 500 W. Hopkins Ave.; and, WHEREAS, the Applicant has an existing vested right to develop the property with 47 lodge units, 5 free - market units, and 2 affordable housing units via Ordinance No. 26 (series of 2006), commonly known as the Boomerang Lodge; and, WHEREAS, the Applicant requests approval by the Planning and Zoning Commission for Affordable Housing Growth Management, Change in Use Growth Management, Certificates of Affordable Housing Credits; 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 500 W. Hopkins Ave. and is currently zoned Medium- Density Residential (R -6), Lodge Preservation (LP) and Planned Unit Development (PUD); and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended remanding the application to applicant to reduce allowable Floor Area Ratio (FAR) from 1 :66:1 to 1.5:1, to meet the Aspen Area Community Plan (AACP) standard of compatibility with the neighborhood; and, RECEPTION #: 576133, 12/22/2010 at Page 1 of 6 11:00:18 AM, P &Z Resolution No. 22 (2010) 1 OF 6, R $36.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO WHEREAS, during a duly noticed public hearing on November 2, 2010, the Planning and Zoning Commission took public testimony, considered the application and remanded it back to the Applicant for further consideration and amendment; and, WHEREAS, the Applicant amended the application by reducing the height, floor area, and unit count of the proposal; and WHEREAS, during a continued public hearing on December 14, 2010, the Planning and Zoning Commission approved Resolution No. 22, Series of 2010, by a 4 to 1 vote, 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 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 furthers 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: Planning Commission Recommendation The Planning and Zoning Commission recommends to the applicant and City Council the breaking up of the mass of the building by architectural modification. Also, with 33 off - street and 14 on- street, at grade parking spaces (via an encroachment license) the 1:1 parking requirement is met; however, the Planning and Zoning Commission recommends additional parking be provided. Section 2: Growth Management Approval for Affordable Housing Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves Growth Management Review for Affordable Housing, creating 46 deed - restricted affordable housing units not required for mitigation, as reviewed by the Aspen Pitkin County Housing Authority. The affordable housing units shall be deed restricted to Category 3 and 4. There will be 35 Category 3 and 19 Category 4 units. The units shall be sold through the APCHA lottery process and meet APCHA guidelines. Design of the units, parking on -site and storage will be finalized with the recordation of a PUD Plat. Page 2 of 6 P &Z Resolution No. 22 (2010) Unit Type Number of Units Category 3 Category 4 studio 6 3 3 One bedroom 29 11 18 Two bedroom 11 8 3 Total 46 Section 3: Growth Management Approval for Change in Use Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves Growth Management Review for Change in Use, finding that the proposal meets or exceeds the review criteria of Section 26.470.050. Section 4: Certificates of Affordable Housing Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves issuance of 83 Certificates of Affordable Housing Credits, such certificates to be granted subsequent to issuance of a Certificate of Occupancy for the project, pursuant to Section 26.540.040. Unit Type Employee Housed Number of Units Certificates of AH studio 1.25 6 7.5 One bedroom 1.75 29 50.75 Two bedroom 2.25 11 24.75 Total 83 Section 5: Amendment to the Zone District Map Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby finds that the proposal to rezone the 500 W. Hopkins Ave. property from R -6 /LP /PUD to RMF /PUD meets the standards to Amend the Zone District Map, pursuant to Section 26.310.040 and recommends approval by the City Council. Section 6: Planned Unit Development Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby recommends City Council approval of Final Planned Unit Development (PUD) and Subdivision, with conditions. Dimensional Req. Minimum Lot Size 27,000 sq. ft Min. Lot Area / Dwelling Unit 586 sq ft Maximum Allowable Density 46 units Minimum Lot Width 270 feet Minimum Front Yard 5 feet Minimum Side Yard 4'3" — east* Page 3 of 6 P &Z Resolution No. 22 (2010) Dimensional Req. 5' -- west Minimum Rear Yard 5' 2 " floor balcony projects 4'5" into setback Maximum Site Coverage Per 2007 plat Maximum Height 32' Minimum dist. between buildings N/A Minimum Open Space Not required Allowable Floor Area 1.5:1, or 44,915 Minimum Off - Street Parking 46 33 -on -site and 13 within the 4 street r -o -w * Per HPC approval, 4/25/2007 Section 7: Engineering 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. 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/required Right -of- Way improvements, including curbs and gutters, will meet all applicable standards. Minimum required site improvements are as follows: • Construction of sidewalk in the public right -of -way along West Hopkins Ave, 4 Street and 5` Street. • Installation of two ADA sidewalk ramps at the intersection of West Hopkins and 5` and 2 ADA ramp on the intersection of 4` and Hopkins Street. • Installation of two concrete alley ramps. The alley ramp on 5` Street will include an ADA sidewalk ramp. • Construction of approximately 150 linear feet of four feet (4') wide concrete valley pan along 4` Street. • Construction of new curb and gutter along 5` Street and West Hopkins. • Placement of approximately 697 square yards of asphalt paving to replace the alley surface. Section 8: Fire Mitigation All codes adopted by the Aspen Fire Protection District shall be met per building permit. 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: 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 Page 4 of 6 P &Z Resolution No. 22 (2010) 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. 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 10: Sanitation District Requirements Since an upgraded main sanitary sewer line is required to serve this new development, a "Collection System Agreement" is required to be memorialized prior to development and issuance of a building permit Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office at the time of construction. Applicant's engineer will be required to give the district an estimate of anticipated daily average and peak flows from the project. A wastewater study flow will be required for this project to be funded by the applicant. All clear water connections are prohibited (roof, foundation, perimeter, patio drains), including entrances to underground parking garages. On -site drainage and landscaping plans require approval by the district, must accommodate ACSD service requirements and comply with rules, regulations and specifications. On -site sanitary sewer utility plans require approval by ACSD. Section 11: Environmental Health The state of Colorado mandates specific mitigation requirements with regards 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 and noise abatement. Wildlife protection/enclosures for the trash and recycle area is required. Section 12: Exterior Lighting 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 13: Parks Building permit plans shall include a detailed plan submitted for Tree Protection. A. Tree protection fences must be in place and inspected by the city forester or his/her designee before any construction activities are to commence. B. No excavation, storage of materials, storage of construction backfill, and storage of equipment, foot or vehicle traffic allowed within the drip line of any tree on site. C. There should be a location and standard for this fencing denoted on the plan. Current locations are identified above the 15' set back and along the side yard setbacks. An approved tree permit is required before submission of the building permit set. The original tree permit, #2007 -012, is valid as long as there are no further changes to the trees being removed and final mitigation plans. Changes to these two areas will most likely trigger a new permit or an addendum to the original. Page 5 of 6 P &Z Resolution No. 22 (2010) Section 14: Parking and Alternative Modes of Transportation Off - Street parking includes a minimum of 33 sub -grade spaces, a handicapped space on the alley and 13 at -grade spaces in the 4` Street Right of Way, as allowed by Encroachment License #2007 -E030, recorded at Reception # 535627. Section 15: Residential Design Standards Applicant will meet Residential Design Standard Section 26.410.040(D) or obtain a variance prior to issuance of building permit. Section 16: Impact Fees and School Lands Dedication Fee -in -Lieu 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 17: 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 Planning and Zoning Commission, 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 18: 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 19: 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 14th day of December, 2010. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Stan Gibbs, Chair ATTEST: , ckie Lothian, Deputy City Clerk Page 6 of 6 P &Z Resolution No. 22 (2010)