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Home My WebLink Aboutresolution.apz.008-11 RECEPTION #: 579774, 05/11/2011 at 09:34:43 AM, 1 OF 6, R $36.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION NO. 08, SERIES OF 2011 A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING A RECOMMENDATION THAT CITY COUNCIL APPROVE WITH CONDITIONS FINAL PLANNED UNIT DEVELOPMENT AND SUBDIVISION 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, PITKIN COUNTY, COLORADO PARCEL NO. 2737 - 074 -04 -705 and 2737 - 0741 -04 -701 WHEREAS, the Community Development Department received an application from 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 Growth Management review for the demolition of free market multi - family units and the demolition of deed restricted affordable housing units, and Growth Management for the development of affordable housing, Residential Design Standard variances and a recommendation of approval of Subdivision and Final PUD to the Aspen City Council to merge the two lots into one lot to be redeveloped with two detached multi - family structures containing fourteen (14) market rate dwelling units in one building and seventeen (17) affordable housing units, with a shared below grade parking area; and, WHEREAS, the Applicant requests approval by the Planning and Zoning Commission for Demolition or Redevelopment of Multi- family housing, Affordable Housing Growth Management Allotments, Residential Design Standard Variances; and, WHEREAS, the Applicant requests a recommendation by the Planning and Zoning Commission to the City Council for final Planned Unit Development (PUD) and Subdivision; and, WHEREAS, the property is located is zoned Residential Multi- Family (RMF) with a PUD Overlay; and, WHEREAS, the Applicant proposes 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; and WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, Building Department, Parking Department, Transportation Department, Utilities Department, Fire Protection District, and Parks Department as a result of the Development Review Committee meeting; and, P& Z Resolution #08, Series of 2011 Aspen Walk Page 1 of 6 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 requirements of a Planned Unit Development (PUD); and, WHEREAS, during a regular meeting on February 15, 2011, the Planning and Zoning Commission opened a duly noticed public hearing to consider the project and continued the public hearing to March 15, 2011 and to April 5, 2011 and to April 19, 2011 and again to May 3, 2011; and WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets 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 Aspen 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 CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: P &Z Conditions The Planning and Zoning Commission recommends that Council consider the following during Final PUD and Subdivision review: 1. Eliminate the rooftop deck to minimize the height of the building and impacts of the project on the neighborhood. 2. Relocate the subgrade garage ventilation away from the Midland Park open space. 3. Add private patios for the partially subgrade affordable housing units to increase livability. 4. Address guest parking for the project that does not include on street parking spaces and restudy the allocation of parking spaces to provide less parking to the Free Market Residential units and more parking to the Affordable Housing units. 5. Landscape plan LA 1.0 is recommended with the condition that the applicant work with Midland Park Association to ensure proper shielding between the two properties. 6. Stairwells shall not have windows and shall not emit light. Section 2: Final PUD Dimensional Standards The Planning and Zoning Commission hereby recommends City Council approval of Final Planned Unit Development (PUD) in Table 1: P& Z Resolution #08, Series of 2011 Aspen Walk Page 2 of 6 Table 1: Recommended dimensional requirements: : ` 12 11. ..r.v.---n.1.7.---etig k ,,, ` , ; 32,774 sq. ft. tl 1 H I - Y Y s' 31 units in total . I t I I Tar 14 free market 17 affordable residential units housin_ units " " I ' n= as per PUD plat - 11 I ii fi `?. 9 �: #; 5 ft. Ii'i�- "ir k N . II it 1: k li _ AmmEallill ' ° :-.').-.24-, '..-f-- as per PUD plat ; m; �. s. ; as p PUD plat tt S1 :(. 6 1 ' 'I A� � gy ;I t y. tb t i' 1 n/a : ' ` 1.25:1 or 40,967.5 sq. ft. 53 spaces: It..i..ik I q 0' 29 spaces for free market residential units; 24 spaces (including 4 stacked) for the 4; t $ - affordable housing units Section 4: Subdivision to combine Lot 3 and Lot 5 of the Sunny Park Subdivision: The Planning and Zoning Commiss recommends City Counci approval to merge Lot 3 and Lot 5 of the Sunny Park Subdivision. The newly created lot, Lot 1 of the Aspen Walk Subdivision, is 32,774 square feet as depicted on the survey. P& Z Resolution #08, Series of Wa20lk 1 Page 3 of 6 Section 5: 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. A construction management plan must be submitted in conjunction with the building permit application. A completed drainage report/plan as outlined in the Urban Runoff Management Plan shall be submitted and approved prior to building permit issuance. Failure to meet the standards in Title 21 may result in a physical change to the project and possible review by City Council and /or Planning and Zoning to amend the PUD. Park Avenue /Park Circle Intersection Alignment The alignment of the Park Ave & Park Circle intersection needs to be consistent with the Park Avenue Pedestrian Plan, prepared in conjunction with City staff by JR Engineering. This includes a shift in current roadway alignment as well as the installation of sidewalk on the eastern side of Park Avenue. If a traffic impact analysis deems a decrease in level or quality of service the recommended speed table will be installed just south of the intersection. The applicant agrees to pay their proportionate share of the improvements. Section 6: Building Permit Soils disturbance in the 414 site is regulated per the Smuggler Mountain Super Fund site. Appropriate measures will be required to manage this portion of the work for the proposed development. The application must meet American National Standards Institute, specifically regarding accessibility, prior to Council review. The project is subject to the Building Code in place at the time of building permit submittal. The project shall be subject to Aspen Municipal Code Chapter 26.575, Miscellaneous Supplemental Regulations adopted pursuant to City Council Ordinance numbered 27 (Series of 2010) on January 10, 2011. Changes subsequent to issuance of a certificate of occupancy shall be subject to the Code in place at the time of proposed changes. Section 7: Fire Mitigation This project shall meet all of the codes and requirements of the Aspen Fire Protection District. This includes but is not limited to Fire Department Access (International Fire Code 2003 Edition Section 503), Turning around of fire apparatus, depending on site configuration (IFC Section 503.2.5), Approved fire sprinkler and fire alarm systems shall be provided (IFC as amended Section 903 and 907). Detailed wildfire mitigation plans for both landscaping and structural standpoints shall be submitted. Section 8: 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 9: 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. P& Z Resolution #08, Series of 2011 Aspen Walk Page 4 of 6 Section 10: Transportation The application shall be subject to the Transportation Demand Management/Air Quality impact fees at the time of building permit. Section 11: Parks Landscaping in the public right of way will be subject to landscaping in the ROW requirements, Chapter 21.20. All plantings within the City ROW must be approved by the City Parks Department prior to installation. An approved tree removal permit will be required before any demolition, development or access infrastructure work takes place. Mitigation for removals will be paid cash in lieu or on site. Parks will approve a final landscape plan during the review of the tree removal permit based on the landscape estimates. The building permit shall be compliant with Aspen Municipal Code Section 13.20. Section 12: 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 13: 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 14: 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 3` day of May, 2011. [signatures on following page] P& Z Resolution #08, Series of 2011 Aspen Walk Page 5 of 6 Stan Gibbs, Chairman APPROVED AS TO FORM: ames R. True, Special Counsel ATTEST: 7 /Li Jackie Lothian, Deputy City Cle k P& Z Resolution #08, Series of 2011 Aspen Walk Page 6 of 6