HomeMy WebLinkAboutresolution.apz.011-11 RESOLUTION NO. 11,
SERIES OF 2011
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING WITH CONDITIONS GROWTH MANAGEMENT REVIEW FOR
THE DEVELOPMENT OF AFFORDABLE HOUSING, CERTIFICATE OF
AFFORDABLE HOUSING CREDITS, AND A RECOMMENDATION OF A
SUBDIVISION APPROVAL FOR THE PROPERTY COMMONLY DESCRIBED
AS 518 WEST MAIN STREET, LEGALLY DESCRIBED AS LOTS P, Q, AND 'A OF
LOT 0, ORIGINAL TOWNSITE, CITY OF ASPEN, PITKIN COUNTY,
COLORADO
PARCEL NO. 2735 -12- 443 -006
WHEREAS, the Community Development Department received an application
from Fat City Holdings manager Peter Fornell requesting the Planning and Zoning
Commission approve Growth Management review for the development of affordable
housing, Establishment of Certificates of Affordable Housing Credits, and a
recommendation of approval of Subdivision to the Aspen City Council to redeveloped
518 West Main Street by rehabilitating the historic home and constructing two (2) new
detached multi - family structures with the entire project containing eleven (11) affordable
housing units equivalent to twenty -four (24) full time equivalents; and,
WHEREAS, the property is located is within the Mixed Use (MU) Zone District
and is included on the Aspen Inventory of Sites and Structures as a local historic
landmark and a contributing resource within the Main Street Historic District; and,
WHEREAS, the Community Development Department received referral
comments from the Aspen Consolidated Sanitation District, City Engineering, Building
Department, Transportation Department, Utilities Department, Fire Protection District,
Environmental Health 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 approval of the Growth
Management Allotments for the Development of Affordable Housing, Establishment of
Affordable Housing Credits and recommendation of approval for Subdivision Review; and,
WHEREAS, during a regular meeting on May 17, 2011, the Planning and Zoning
Commission opened a duly noticed public hearing to consider the project; 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
RECEPTION #: 580044, 05/20/2011 at P &Z Resolution #11, Series of 2011
11:45:50 AM, 518 West Main Street
1 OF 7, R $41.00 Doc Code RESOLUTION Page 1 of 7
Janice K. Vos Caudill, Pitkin County, CO
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:
The Planning and Zoning Commission recommends that future reviews of this project
retain the current housing mix and require 1 parking space per unit.
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 eleven
(11) Affordable Housing Growth Management Allotments from the 2011 Growth
Management Year, conditioned upon the Aspen Pitkin County Housing Authority
reducing the minimum net livable unit sizes of Units 8 and 9, both two bedroom
Category 2 units, to 836 square feet each. The units, described in Table 1 below,
shall be deed restricted for -sale ownership units pursuant to the Aspen Pitkin
County Housing Authority's Guidelines.
Table 1: Affordable Housin. Unit Breakdown FTEs
Unit # Bedrooms Category g'of rats
generated
1 2 4 2.25
2 2 2 2.25
3 2 2 2.25
4 2 3 2.25
' 5 2 3 2.25
6 1 2 1.75
7 studio 2 1.25
' 8 2 2 2.25
9 2 2 2.25
10 2 2 2.25
11 3 2 3.00
Totals 21 24
b. Affordable Housing Credits: The Planning and Zoning Commission hereby
approves the establishment of affordable housing credits for 24.0 Full Time
Equivalents upon receipt of a Certificate of Occupancy for the affordable housing
units pursuant to Aspen Municipal Code Section 26.540 Affordable Housing
Credits. Prior to establishment of Affordable Housing Credits the units shall be
deed restricted pursuant to the Aspen Pitkin County Housing Authority's
Guidelines.
P &Z Resolution #11, Series of 2011
518 West Main Street
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Section 2: Subdivision
The Planning and Zoning Commission recommends City Council grant Subdivision
approval as described in Table 2:
Table 2: Proposed Dimensions for 518 West Main Street Redevelopment
Dimensional Requirement Underlying Mixed Use Zone Proposed Dimensions
District Requirements
Minimum Gross Lot Area 3,000 sq. ft. 7,500 sq. ft.
Minimum Net Lot Area Not applicable for Multi- n/a
per dwelling unit family housing development.
Minimum Lot Width 30 ft. 75 ft.
Minimum Front Yard 10 ft. 10 ft. for both buildings.
Setback
Minimum Side Yard East side yard = 5 ft.
Setback 5 ft ' West side yard = 1.5 ft.'
Minimum Rear Yard 5 ft 5 ft.
Setback
28 ft., may be increased to 32
Maximum Height ft. through Commercial Design Approximately 28 ft.
Review.
Minimum Distance 10 ft. Approximately 10 ft.
between Buildings
Minimum ft. wide x 8 ft. deep x 8.5
20 ft. wide x 10 ft. deep x 10 ft. hi h accessed off of the
Utility/trash/recycle area ft. high high2,
to Section 26.575.060) alley
Pedestrian Amenity Space Not applicable to multi - family n/a
housing development
Maximum Floor Area Approximately 0.9:1 or 7,100
Ratio for Affordable 1:1 or 7,500 sq. ft. of floor area sq. ft. of floor area
Housing _
Section 3: Building Permit Application
The building permit application shall include the following:
a. A copy of the final Ordinance and recorded P &Z and HPC Resolutions.
b. The conditions of approval printed on the cover page of the building permit set.
HPC granted a setback variance for three Iightwells in the west side yard, via HPC Resolution number 4
Series of 2011.
2 HPC granted a reduction of the trash/utility /recycle area via HPC Resolution number 4, Series of 2011.
P &Z Resolution #11, Series of 2011
518 West Main Street
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c. A completed tap permit for service with the Aspen Consolidated Sanitation District.
d. A drainage plan, including an erosion control plan, prepared by a Colorado licensed
Civil Engineer, which meets adopted city standards.
e. An excavation stabilization plan and drainage report pursuant to the Building
Department's requirements and construction management plan (CMP). The CMP
shall describe mitigation for: parking, staging/encroachments, truck traffic, noise,
dust, and erosion/sediment pollution.
f. A detailed excavation plan for review and approval by the City Engineer.
g. Accessibility and ADA requirements shall be addressed to satisfactorily meet adopted
building codes.
h. A formal site plan indicating the location of the tree protection.
i. A landscape plan proposing improvements for the Right of Way subject to
landscaping in the ROW requirements, Chapter 21.20 as described in Section 7
below.
Section 4: Engineering
Final design and analysis 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. A site drainage design and storm water runoff mitigation
measures shall be conceptually approved by the Engineering Department prior to Final
HPC approval. If the drainage design cannot meet city standards, the design will need to
be amended and may require review and approval by City Council and/or the Historic
Preservation Commission.
Due to the current condition of the curb and gutter abutting the property the curb and
gutter shall be replaced prior to granting of a Certificate of Occupancy pursuant to city
standards. Additional detailed comments are included in the Referral Agency Comments
dated April 20, 2011 and attached to the Planning and Zoning Commission staff memo
dated May 17, 2011 as Exhibit D.
Section 5: Environmental Health
Prior to remodel or demolition, including removal of drywall, carpet, tile, etc., the state
must be notified and a person licensed by the state to do asbestos inspections must do an
inspection. If there is no asbestos, the demolition can proceed. If asbestos is present, a
licensed asbestos removal contractor must remove it.
The project shall meet Aspen Municipal Code Section 12.06 Waste Reduction. If the
project cannot meet city standards, the design will need to be amended and may require
review and approval by City Council and/or the Historic Preservation Commission.
P &Z Resolution #11, Series of 2011
518 West Main Street
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Section 6: Parks
Tree permit: The tree permit shall be submitted for approval prior to building permit
submittal. Said permit shall outline protection of existing trees, drip line excavations and
mitigation for any removals as referenced in Chapter 13.20 of the City Municipal Code.
A vegetation protection fence shall be erected at the drip line of each individual tree or
groupings of trees remaining on site and their represented drip lines. No excavation,
storage of materials, storage of construction backfill, storage of equipment, foot or
vehicle traffic allowed within the drip line of any tree remaining on site pursuant to
Aspen Municipal Code Section 13.20.
Irrigation of trees is required throughout the entire length of the project. Any access
across or through the area of protection is prohibited at all times. Additional detailed
comments are included in the Referral Agency Comments dated April 20, 2011 and
attached to the Planning and Zoning Commission staff memo dated May 17, 2011 as
Exhibit D.
Protection for existing lilacs: Tree protection is required for the existing Lilacs located
on the property. These protection measures shall meet the standards of the Parks
Department and goals of the Historical Preservation Committee to be approved by the
City Forester.
ROW Improvements: Landscaping in the public right of way will be subject to
landscaping in the ROW requirements, Chapter 21.20. There shall be no plantings within
the City ROW which are not approved first by the City Parks Department. Final plans
shall show compliance with these requirements by way of new street trees, irrigation and
sod, all of which is subject to approval by the City Forester.
Concurrent with changes to the alignment of the Main Street sidewalk, as specified in
Section 4: Engineering, the exposed area will need to be re- vegetated and irrigated for a
new parkway with sod. Coordination with the Parks Department will be required to
protect roots during installation of the irrigation system. An irrigation system is required
the entire length of the ROW.
Section 7: Aspen Consolidated Sanitation District •
Service is contingent upon compliance with the District's rules, regulations, and
specifications, which are on file at the District office. Soil Nails are not allowed in the
public ROW above ASCD main sewer lines and within 3 feet vertically below an ACSD
main sewer line. The old service lines must be excavated and abandoned at the main
sanitary sewer line according to specific ACSD requirements, before any and all soil
stabilization measures are attempted and prior to ACSD releasing any and all permits. A
separate ACSD permit is required. Additional detailed comments are included in the
Referral Agency Comments dated April 20, 2011 and attached to the Planning and
Zoning Commission staff memo dated May 17, 2011 as Exhibit D.
Section 8: Fire Department
All structures, regardless of size, shall have installed approved life safety systems (i.e.
fire sprinklers and fire alarms), and meet adopted city standards.
P &Z Resolution #11, Series of 2011
518 West Main Street
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Section 9: Utilities Department Requirements
The Applicant shall comply with the City of Aspen Water System Standards and with
Title 25 of the Aspen Municipal Code, as required by the City of Aspen Water
Department.
Section 10: School Lands Dedication Fee
Pursuant to Land Use Code Section 26.620, School Lands Dedication, the Applicant shall
pay a fee -in -lieu of land dedication prior to building permit issuance for the
excavation/stabilization permit. The City of Aspen Community Development
Department shall calculate the amount due using the calculation methodology and fee
schedule in effect at the time of building permit submittal.
Section 11: Impact Fees
Pursuant to Land Use Code Section 26.610, Impact Fees, the Applicant shall pay a Parks
Development impact fee and Transportation Demand Management (TDM) /Air Quality
impact fee assessed at the time of building permit application submittal and paid at
building permit issuance for the excavation/stabilization permit. The amount shall be
calculated using the methodology and fee schedule in effect at the time of building permit
submittal.
Section 12:
Any changes to the proposal adopted by the Aspen City Council that are in conflict with
the approved growth management allotments specified herein shall supersede the
Planning and Zoning Commission's adopted resolution.
Section 13:
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 14:
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 15:
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.
[signatures on following page]
P &Z Resolution #11, Series of 2011
518 West Main Street
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APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 17
day of May, 2011. 7
ere
Stan Gibbs, Chairman
APPROVED AS TO FORM:
J ames R. True, Special Counsel
ATTEST:
✓ ' Gam'
Jackie h thian, Deputy City Clerk
P &Z Resolution #11, Series of 2011
518 West Main Street
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