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Home My WebLink Aboutresolution.apz.011-12RESOLUTION No. 11 (SERIES OF 2012) A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, APPROVING AN AMENDMENT TO SPECIALLY PLANNED AREA, GROWTH MANAGEMENT REVIEW, CHANGE IN USE REVIEW, 8040 GREENLINE REVIEW, AND RESIDENTIAL DESIGN VARIANCES FOR THE PROPERTY LOCATED AT 480 DOOLITTLE DR, AKA THE WATER PLACE AFFORDABLE HOUSING SPA, CITY AND TOWNSITE OF ASPEN Parcel Identification Number: 2735- 132 -04 -024, 2735 - 132 -04 -825 WHEREAS, the City of Aspen has submitted a request for Specially Planned Area (SPA) Amendment, Growth Management Review, Change in Use Review, 8040 Greenline Review, and Residential Design Variances to the Planning and Zoning Commission; and WHEREAS, the property is located in the Public (PUB) zone district with SPA Overlay; and WHEREAS, the Specially Planned Area approval for the Property was originally approved by the Aspen City Council via Ordinance No. 23 Series of 1996; and WHEREAS, upon initial review of the application and.the applicable code standards, the Community Development Department recommended approval of the SPA Amendment, Growth Management Review, Change in Use Review, 8040 Greenline Review, and Residential Design Variances; and, WHEREAS, during a regular meeting on May 15, 2012, 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 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: SPA Amendment The SPA is hereby amended to allow the change in use from an essential public facility to a for - sale deed - restricted affordable housing unit. Section 2: Growth Management Review The Growth Management Review has been satisfied to deed restrict this unit as a studio in accordance with the existing Water Plant Affordable Housing SPA. Deed restriction shall be recorded prior to granting a Certificate of Occupancy. Section 3: Change in Use Review The Change in Use Review has been satisfied and the changing of an essential public facility to a for -sale deed - restricted affordable housing unit has been found to be an appropriate use of this property. Section 4: 8040 Greenline Review The 8040 Greenline Review has been completed and found to meet the criteria for an 8040 Greenline exemption. See Exhibit A for the approved site plan. 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 approves variances for Residential Design Standards listed in Section 26.410.040 D, Building Elements, (1) (a), (c) and (3) (a) for single family residences as represented in the application. Section 6: Engineering The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21, Title 28 and all construction and excavation standards published by the Engineering Department. 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. This major project is subject to the fee in lieu requirement of Section 2.12.140 of the Aspen Municipal Code. Section 7: 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. Section 8: School Lands Dedication Before the Applicant is issued a Building Permit, the Applicant shall pay a fee -in -lieu of land dedication pursuant to Chapter 26.620, School Lands Dedication. The amount of the fee shall be calculated by the Community Development Department using the calculation method and fee schedule in effect at the time the applicant submits a Building Permit. Section 9: Impact Fees Before the Applicant is issued a Building Permit, the Applicant shall pay a Parks Development fee and a TDM /Air Quality fee pursuant to Chapter 26.610, Impact Fees. The amount of the fees shall be calculated by the Community Development Department using the calculation method and fee schedule in effect at the time the Applicant submits a Building Permit. Section 10: 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 11: Vested Rights The development approvals granted herein shall constitute a site - specific development plan and a vested property right attaching to and running with the Subject Property and shall confer upon the Applicant the right to undertake and complete the site specific development plan and use of said property under the terms and conditions of the site. specific development plan including any approved amendments thereto. The vesting period of these vested property rights shall be for three (3) years which shall not begin to run until the date of the publications required to be made as set forth below. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050, Void Permits. Zoning that is not part of the approved site - specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of this Resolution, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to Chapter 26.308, Vested Property Rights. Pursuant to Section 26.304.070(A), Development Orders, such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 233 East Cooper Avenue, Monarch on the Park Condominiums Unit P -3, City and Townsite of Aspen, Colorado. The vested rights granted hereby shall be subject to all rights of referendum and judicial review. The period of time permitted by law to exercise the right of referendum to refer to the electorate this Section of this Ordinance granting vested rights; or, to seek judicial review of the grant of 9 vested rights shall not begin to run until the date of publication of the notice of final development approval as set forth above. The rights of referendum described herein shall be no greater than those set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 12: 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 13: 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 18th day of May, 2012. APP : VED AS TO FORM: Deb, Quinn, Assistant City Attorney ATTEST: ckie Lothian, Deputy City Clerk Exhibit A: Site plan cap• I d �= r... ,. I�PoSErj E 4 E E i ® • _may � � i � i � 1Ei jj� ARCHITECTS ]9 GREY TAIGN CT. li e eFEN, CO�ORAGO j eTOGiHIee] WaI�oP�a.nal i w.w�.Waibw.ram S(ewn Suetl w : W U � i d S i