HomeMy WebLinkAboutresolution.apz.009-12 RECEPTION#: 588893, 05/09/2012 at
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1 OF 8, R $46.00 Doc Code RESOLUTION
Janice K.Vos Caudill, Pitkin County, CO
RESOLUTION NO. 9
(SERIES OF 2012)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION APPROVING GROWTH MANAGEMENT REVIEW FOR
AFFORDABLE HOUSING, ESTABLISHMENT OF AFFORDABLE HOUSING
CREDITS, A DIMENSIONAL VARIANCE, VARIANCES FROM THE
RESIDENTIAL DESIGN STANDARDS, AND RECOMMENDING THE CITY
COUNCIL APPROVE SUBDIVISION, WITH CONDITIONS, FOR THE
DEVELOPMENT OF A TRIPLEX FOR THE PROPERTY LEGALLY
DESCRIBED AS LOTS A, B, AND C, BLOCK 12, ASPEN TOWNSITE AND
COMMONLY KNOWN AS 831/833 W. BLEEKER AVE, CITY OF ASPEN,
PITKIN COUNTY, COLORADO.
Parcel ID: 273512308002
WHEREAS, the Community Development Department received an application
from Herb and Marsha Klein requesting approval of a Growth Management Review for
Affordable Housing, a dimensional variance, variances from the Residential Design
Standards, Establishment of Affordable Housing Credits and Subdivision, to develop an
additional affordable housing unit on the subject site thereby converting an existing
duplex into a triplex at 831/833 W. Bleeker Ave.; and,
WHEREAS, the Applicant requests approval by the Planning and Zoning
Commission for Growth Management Review for Affordable Housing, a dimensional
variance, variances from the Residential Design Standards, Establishment of Affordable
Housing Credits and a recommendation of Subdivision; and,
WHEREAS, the property is located at 831/833 W. Bleeker Ave. and is currently
zoned Residential Multi-family (RMF); and,
WHEREAS, upon initial review of the application and the applicable code
standards, the Community Development Department recommended remanding the
application to applicant to amend the size or category of the affordable housing unit, reduce
the unit size of a proposed residential unit to meet the 2,000 square foot cap for multi-family
units in the RMF zone district, require new garage access and surface parking to access and
be located off the existing alley, and to restudy the proposed addition to protect the existing
trees along W. Bleeker Avenue; and,
WHEREAS, during a duly noticed public hearing on May 1, 2012, the Planning
and Zoning Commission considered the application 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,
Page 1 of 6
P&Z Resolution No. 9 (2012)
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 City Council approve the application
for Subdivision review.
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 one studio rental unit at 401 square feet of net
livable area and permitted to be rented at Category 2 or lower at property owner's
discretion.
As a rental unit, the deed restriction shall require that all tenants are approved prior to
tenancy through APCHA and must re-qualify on a yearly basis.
One designated parking space shall be provided for the employee unit.
A document will be required to be signed by the owner that this deed restriction is being
done on a voluntary basis and that the rental control of the unit is acceptable and required
and will remain in perpetuity.
The rental deed restriction will be recorded with the following conditions:
a. The use and occupancy of the Employee Dwelling Unit shall henceforth be limited
exclusively to housing for employees and their families who are employed in Pitkin County
and who meet the definition of"qualified Category 2 employee" as that term is defined by
the qualification guidelines established and indexed by the Authority on an annual basis.
The Owner shall have the right to lease the Employee Dwelling Unit to a "qualified
Category 2 employee" of his own selection.
b. The Employee Dwelling Unit shall not be occupied by the Owner or members of the
immediate family ("Immediate Family" shall mean a person related by blood or marriage
who is a first cousin [or closer relative] and his or her children),unless the family member is
a qualified employee and obtains approval by APCHA prior to occupancy. The unit shall at
no time be used as a guesthouse or guest facility.
Page 2 of 6
P&Z Resolution No. 9 (2012)
c. Written verification of employment of employee(s) proposed to reside in the Employee
Dwelling Unit shall be completed and filed with the Authority by the Owner of the
Employee Dwelling Unit prior to occupancy thereof, and such verification must be
acceptable to the Authority.
d. The Employee Dwelling Unit shall be required to be rented for periods of no less than six(6)
consecutive months. Upon vacancy of the Employee Dwelling Unit, the Owner is granted
forty-five(45)days in which to locate a qualified employee. If an employee is not placed by
the Owner,the Authority may rent the Employee Dwelling Unit to a qualified employee.
e. The maximum rental rate shall not exceed,the Category 2, studio, rental rate as set forth in
the Rental Guidelines established by the Authority and may be adjusted annually as set forth
by the Guidelines. The maximum permitted rent for the unit on the date of execution of this
deed restriction as stated in the Guidelines at the time the deed-restriction is recorded. Rent
shall be verified and approved by the Authority upon submission and approval of the lease.
Employees shall be qualified by the Authority as to employment, maximum income and
asset limitations on a yearly basis. The signed lease must be provided to APCHA.
f. The Unit must meet minimum occupancy; i.e.,one person per bedroom.
g. Owner agrees to provide to APCHA upon request all information reasonably necessary to
determine if there is full compliance with this Agreement.
h. In the event that APCHA has reasonable cause to believe the Owner and/or tenant is
violating the provisions of this Agreement, the APCHA, by its authorized representative,
may inspect the Property or Affordable Housing Unit between the hours of 8:00 a.m. and
5:00 p.m., Monday through Friday, after providing the Owner with no less than 24 hours'
written notice.
i. The APCHA, in the event a violation of this Agreement is discovered, shall send a notice of
violation to the Owner and/or tenant, as may be applicable, detailing the nature of the
violation and allowing the Owner or tenant fifteen (15)days to cure. Said notice shall state
that the Owner or tenant may request a quasi-judicial hearing before the APCHA Board
pursuant to the Grievance Procedures of the APCHA Guidelines within fifteen (15) days to
determine the merits of the allegations. If no hearing is requested and the violation is not
cured within the fifteen(15)day period,the Owner or tenant shall be considered in violation
of this Agreement. If a hearing is held before the APCHA Board, the decision of the
APCHA Board based on the record of such hearing shall be final for the purpose of
determining if a violation has occurred and for the purpose of judicial review.
j. There is hereby reserved to the parties' hereto any and all remedies provided by law for
breach of this Agreement or any of its terms. In the event the parties resort to litigation with
respect to any or all provisions of this Agreement,the prevailing party shall recover damages
and costs, including reasonable attorney's fees.
k. In the event an Affordable Housing Unit is leased without compliance herewith, such lease
shall be wholly null and void and shall confer no title whatsoever upon the purported tenant.
Each and every lease, for all purposes, shall be deemed to include and incorporate by this
reference,the covenants herein contained,even without reference therein to this Agreement.
Page 3 of 6
P&Z Resolution No. 9 (2012)
1. In the event that the Owner or tenant fails to cure any breach,the APCHA may resort to any
and all available legal action, including, but not limited to, specific performance of this
Agreement or a mandatory injunction requiring compliance by Owner and/or tenant.
m. Whenever possible, each provision of this Agreement and any other related document shall
be interpreted in such a manner as to be valid under applicable law; but if any such provision
shall be invalid or prohibited under applicable law, such provision shall be ineffective to the
extent of such invalidity or prohibition without invalidating the remaining provisions of this
Agreement or other document.
n. This Agreement is to be governed and construed in accordance with the laws of the State of
Colorado.
o. No claim of waiver,consent or acquiescence with respect to any provision of this Agreement
shall be valid against any part hereto except on the basis of a written instrument executed by
the parties to this agreement. However, the party for whose benefit a condition is inserted
herein shall have the unilateral right to waive such condition.
p. The parties to this Agreement agree that any modifications of this Agreement shall be
effective only when made in writing signed by both parties and recorded with the Clerk and
Recorder of Pitkin County,Colorado.
q. The terms and provisions Of this Deed Restriction shall constitute covenants running with
the title to the Affordable Housing Units as a burden thereon for the benefit of, and shall be
specifically enforceable by, the Managing Agent, the Association and/or Owner, by'the
Housing Authority, the City of Aspen, Colorado, and by their respective successors and
assigns, by any appropriate legal action including, but not limited to, injunction, abatement,
or eviction of non-qualified tenants.
r. Lease agreements executed for occupancy of the Employee Dwelling Unit shall provide for
a rental term of not less than six(6)consecutive months. A signed and executed copy of the
lease shall be provided to the Authority by the Owner within ten (10) days of approval of
employee(s)for the Employee Dwelling Unit.
s. Owner and APCHA stipulate and agree that, in accordance with CRS 38-12-301(1)(a)
and (b), this Deed Restriction constitutes a voluntary agreement and deed restriction to
limit rent on the property subject hereto and to otherwise provide affordable housing
stock. Owner waives any right it may have to claim that this Deed Restriction violates
CRS 38-12-301.
t. When the option to convert any unit to a sale unit is exercised, the owner must adopt a
new deed restriction in the form adopted by APCHA that is applicable to sale units and if
found to be out of compliance, must pay the appropriate Category 2 cash-in-lieu fee for
1.25 FTE's at the amount stated in the Guidelines in effect at the time of the non-
compliance.
Section 3: Dimensional Variance
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal
Code, the Planning'and Zoning Commission hereby approves one unit to be no greater
than 2,952 sq. ft. of net livable area. All other units shall meet the maximum unit size cap
Page4of6
P&Z Resolution No. 9 (2012)
•
of the underlying zone district. All other dimensional standards for the Residential Multi-
family zone district shall be met. The Planning and Zoning Commission finds that the
variance request meets the review standards of Section 26.313.040 (A) of the land use
code.
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 1.25
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.
Section 5: Residential Design Standards Variances
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal
Code, the Planning and Zoning Commission hereby grants the requested design variances
of Parking Garages and Carports, Section 26.410.040 (C)(1)(a), Building Elements —
Street oriented entrance and principal window, Section 26.410.040 (D)(1)(b), Building
Elements —First Story Element, Section 26.410.040 (D)(2), and Windows, Section
26.410.040 (D)(3)(a) as materially represented at the public hearing on Mayl, 2012. The
Planning and Zoning Commission finds that the residential design variances request
meets the review standards of Section 26.410.020 (D)(2) of the land use code.
Section 6: Parks
Building permit plans shall include a detailed plan submitted for Tree Protection. A tree
removal permit must be applied for and approved via the parks department. Special
construction techniques may be required to protect the root system of existing trees.
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.
Section 7:
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 8:
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.
Page 5 of 6
P&Z Resolution No. 9 (2012)
Section 9:
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 1st
day of May, 2012.
APPROVED AASS TO FORM:
) 40
Debbie Quinn,Assistant City Attorney
PLANNING ND ZONING COMMISSION:
-
LJ( Vanier, Chair
(
ATTEST:
jckie Lothian, Deputy City Clerk
Exhibits
Exhibit A: Elevation
Exhibit B: Perspective
Page 6 of 6
P&Z Resolution No. 9 (2012)
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