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HomeMy WebLinkAboutresolution.apz.004-11 RESOLUTION NO. 4 (SERIES OF 2011) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THE CITY COUNCIL APPROVE A FINAL PLANNED UNIT DEVELOPMENT (PUD) FOR OFF - STREET PARKING, 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 Planning and Zoning Commission approved a resolution granting certain entitlements and recommending City Council approve certain entitlements with conditions via Resolution No. 22 (Series of 2010) and specifically recommending establishment of dimensional requirements including off - street parking spaces through Planned Unit Development; and, WHEREAS, pursuant to Chapter 26.316 — Appeals, neighboring property owners submitted a Notice of Appeal with regard to the approval of the resolution by the Commission, specifically, the determination by the Commission concerning parking through Planned Unit Development standards rather than Special Review standards; and, WHEREAS, the City Council, pursuant to Chapter 26.316, remanded the application back to the Planning and Zoning Commission to rehear the parking recommendation solely under the PUD review criteria for parking and provide ample opportunity for the public to be heard; and, WHEREAS, upon additional review of the application and the applicable code standards, the Community Development Department recommends the Commission support an off - street parking standard of 33 on -site underground parking spaces and continued use of 14 head -in on- street parking spaces within the right -of -way; 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, RECEPTION #: 578041, 03/03/2011 at Page 1 of 3 09:56:26 AM, P &Z Resolution No. 4, Series 2011 1 OF 3, R $21.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO WHEREAS, during a duly noticed public hearing on February 8, 2011, the Planning and Zoning Commission took public testimony, considered the application and approved this Resolution by a 3 to 2 vote; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that recommendation of approval of the parking aspect 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 City Council accept and approve the Boomerang Affordable Housing project with the provision of 33 on -site underground parking spaces and continued use of 14 head -in on- street parking spaces within the right -of- way; overall making 47 parking spaces available to residents of this project. The Planning and Zoning Commission recommends City Council re- approve and maintain the existing encroachment license allowing the 14 head -in parking spaces to remain in their current configuration and recognize the historic use of these spaces by this property. The Planning and Zoning Commission also recommends City Council investigate and encourage the applicant to investigate additional methods of reducing street parking demands on this neighborhood. Additionally, the Planning and Zoning Commission recommends City Council require the Applicant undertake a parking study, consider transportation utilization study using existing city data and ensure that the number of head -in parking spaces along Fourth Street shown in the application can realistically be accommodated on -site. Section 2: 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 3: 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 Page 2 of 3 P &Z Resolution No. 4, Series 2011 • repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: 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 8th day of February, 2011. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: _ 6,,,Y‹ „z/2_0(7a / rue, Special Councel Stan Gibbs, Chair ATTEST: ackie Lothian, Deputy City Clerk i Page 3 of 3 P &Z Resolution No. 4, Series 2011