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Home My WebLink Aboutresolution.apz.009-11 RECEPTION #: 579773, 05/11/2011 at 09:34:42 AM, 1 OF 4, R $26.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION NO. 09, SERIES OF 2011 A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING WITH CONDITIONS GROWTH MANAGEMENT REVIEW FOR THE DEMOLITION OF FREE MARKET MULTI - FAMILY UNITS, GROWTH MANAGEMENT REVIEW FOR THE DEMOLITION OF DEED RESTRICTED AFFORDABLE HOUSING UNITS, GROWTH MANAGEMENT REVIEWS FOR THE DEVELOPMENT OF AFFORDABLE HOUSING, VARIANCES FROM THE RESIDENTIAL DESIGN STANDARDS 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 P& Z Resolution #09, Series of 2011 Aspen Walk Page 1 of 4 Protection District, and Parks Department as a result of the Development Review Committee meeting; and, WHEREAS, upon 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 the Residential Design Standards and Final Planned Unit Development (PUD) Review; 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: Affordable Housing a. Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves seventeen (17) Affordable Housing Growth Management Allotments from the 2010 Growth Management Year, conditioned upon the approval of a pending code amendment related to Section 26.470.070.4.c for sub -grade affordable housing units. The Aspen Walk project shall meet the language in the adopted code amendment as determined by City Council. Growth Management allotments for the development of affordable housing for Aspen Walk are considered void if the project does not meet the adopted code amendment language, as determined by City Council. In such event the project shall be deemed continued until a new review for growth management approval by the Planning and Zoning Commission is completed. The applicant proposed 17 units onsite deed restricted for -sale housing units, 25 bedrooms, and 12,032 square feet of net livable area with a mix of Category 3 and Category 4 units meeting the mitigation requirements for the 100% replacement of the existing 14 free market units. Any changes to the proposed Categories shall meet the Aspen Pitkin County Housing Authority Guidelines. P& Z Resolution #09, Series of 2011 Aspen Walk Page 2 of 4 b. In order to meet the mitigation requirements of the existing onsite affordable housing, the provision of affordable housing shall be such as to provide affordable housing credits equivalent to 17.5 Full Time Equivalents (FTEs) to mitigate for the existing affordable housing units to be demolished. Affordable housing credits equivalent to 17.5 FTEs shall be extinguished according to Section 26.540 of the Aspen Municipal Code prior to the issuance of a demolition permit for the project. A bond or letter of credit may be submitted to the City equal to the cash in lieu payment for the 17.5 FTEs for Category 1, as listed in the Aspen Pitkin County Housing Authority Guidelines, calculated at the time of building permit submittal. The bond or letter of credit is subject to approval by the City Attorney and shall be held by the City until affordable housing credits equivalent to 17.5 FTEs are extinguished. The credits shall be extinguished prior to issuance of a certificate of occupancy for the free market units. Any change to the type of mitigation provided for the demolished affordable housing units (i.e. affordable housing credits) requires review pursuant to Chapter 26.470, Growth Management Quota System, of the Aspen Municipal Code. Section 2: Residential Design Standard Variances Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves variances for the Residential Design Standards listed in Section 26.410.040.D, Building Elements for multi - family residences as represented in the application. Section 3: Any changes to the proposal adopted by the Aspen City Council that are in conflict with the approved growth management allotments and/or the Residential Design Standard Variances specified herein shall supersede the Planning and Zoning Commission's adopted resolution. Section 4: 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 5: 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 6: 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. P& Z Resolution #09, Series of 2011 Aspen Walk Page 3 of 4 APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 3 day of May, 2011. Stan Gibbs, Chairman APPROVED AS TO FORM: ames R. True, Special Counsel ATT :: � , > Jackie Lothian, Deputy City Cler . P& Z Resolution #09, Series of 2011 Aspen Walk Page 4 of 4