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Home My WebLink Aboutresolution.apz.05-19 RECEPTION#: 655321, R: $28.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 4, 04/17/2019 at 04:01:16 PM Janice K. Vos Caudill, Pitkin County, CO RESOLUTION NO. 5 (SERIES OF 2019) A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN APPROVING A GROWTH MANAGEMENT AMENDMENT FOR THE PROPERTY LOCATED ON LOTS R AND S, BLOCK 74, CITY AND TOWNSITE OF ASPEN, COMMONLY KNOWN AS 230 E. HOPKINS AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. PARCEL IDENTIFICATION NUMBER: 273707328008 WHEREAS, the Community Development Department received an application from 360 Hexagon LLC (Applicant) represented by Stan Clauson Associates, Inc., requesting the Planning and Zoning Commission approve a Growth Management Amendment for 230 E. Hopkins Avenue; and, WHEREAS, all code citation references are to the City of Aspen Land Use Code in effect on the day of initial application—March 15, 2016, as applicable to this project; and, WHEREAS, pursuant to Subsection 26.470.150, the Planning and Zoning Commission may approve, disapprove, approval with conditions, or continue an application for a substantial amendment to the Growth Management approval at a duly noticed public hearing; and, WHEREAS, upon initial review of the application and the applicable code requirements, the Aspen Community Development Department recommended approval of the request; and, WHEREAS, all required public noticing was provided as evidenced by the affidavit of public noticing submitted to the record, and the public was provided full access to review the Application; and, WHEREAS, the Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing on March 26, 2019; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets the applicable review criteria and that the approval of the requests is consistent with the goals and objectives of the Land Use Code; and, WHEREAS,the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare; and, WHEREAS, the Planning and Zoning Commission approves Resolution No. 5, Series of 2019, by a Three to Zero (3 - 0) vote, granting approval of a Growth Management substantial amendment as identified herein. 230 E Hopkins Ave Mountain Forge Resolution No. 5, Series 2019 Page 1 of 4 NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Growth Management Amendment Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves an amendment to the Growth Management approval that was granted via Resolution No. 5, Series of 2016 and Resolution No. 1, Series of 2018 allowing for a larger free market unit, a reduction in commercial net leasable and a larger affordable housing unit. The free market residential unit shall not exceed 2,500 square feet of net livable area. The affordable housing unit shall be no less than 961 square feet of net livable area. The commercial net leasable area is shown at 4,773 square feet and may not exceed the dimensional limitations of the zone district. Affordable Housing Mitigation is required for the development of the free market unit and shall be mitigated by extinguishing Certificates of Affordable Housing Credits. The total affordable housing mitigation requirement of the development will be confirmed by Zoning at Building Permit. A) The following Growth Management approval language shall replace and supersede those granted pursuant to Section 2.2 of Resolution No 1, Series of 2018. 2.2 Affordable Housing Mitigation Requirements a) The addition of one free-market unit not to exceed 2,500 square feet net livable area requires the applicant to provide 750 sq. ft. net livable area in affordable housing mitigation, or 1.875 Full Time Equivalents (FTEs), using the following calculation: Mitigation Requirement = 2,500 sq.ft. offree-market net livable/30% = 750 sq.ft. Conversion to FTEs = 750 sq.ft. /400 sq.ft. = 1.875 FTEs The applicant shall be required to extinguish a Transferable Development Right (TDR) certificate on this site for the free-market residential unit. The TDR certificate shall be extinguished prior to issuance of a building permit, pursuant to Section 26.535.080. b) The existing development provides a net leasable reconstruction credit of 5,699 sq. ft., or 23.16 FTEs as calculated below: Basement: 1,317 sq. ft. / 1,000 sq. ft. = 1.317 (4.7 FTEs x 0.75) =4.64 FTEs Ground Floor: 2,711 sq. ft. / 1,000 sq. ft. =2.711 (4.7 FTEs) = 12.74 FTEs Upper Floor: 1,641 sq. ft. / 1,000 sq. ft. — 1.641 (4.7 FTEs x0.75) = 5.78 FTEs Total =4.64 + 12.74 + 5.78 = 23.16 FTEs 230 E Hopkins Ave Mountain Forge Resolution No. 5, Series 2019 Page 2 of 4 The proposed development includes 4,773 sq. ft. of net leasable area or 19.526 FTEs as calculated below: Basement: 1,952 sq. ft. / 1,000 sq. ft. = 1.952 (4.7 FTEs x 0.75) = 6.881 FTEs Ground Floor: 2,298 sq. ft. / 1,000 sq. ft. =2.298 (4.7 FTEs) = 10.801 FTEs Upper Floor: 523 sq. ft. / 1,000 sq. ft. = .523 (4.7 FTEs x0.75) = 1.844 FTEs Total = 6.881 + 10.801 + 1.844 = 19.526 FTEs Under this approval, affordable housing mitigation is not required for the commercial net leasable floor area associated with the site, provided the FTEs generated by the proposed net leasable do not exceed the reconstruction credit. Any reconstruction credit shall be valid for one (1) year following issuance of a demolition permit, pursuant to Chapter 26.470.140. B) The following Replacement of Affordable Housing approval language shall replace and supersede those granted pursuant to Section 6 of Resolution No 5, Series of 2016. Section 6: Replacement of Affordable housing The Planning and Zoning Commission hereby approves the replacement of an on-site, two-bedroom affordable housing unit. The unit is required to house no fewer than 2.25 Full Time Equivalents (FTEs). The applicant will provide this unit as a 961 sq. ft. of net livable area unit with 365 sq. ft. of net livable floor area above grade and 596 sq. ft. of net livable floor area below grade, as represented in the application. A new deed-restriction designation at a Category 3 level shall be recorded with the Pitkin County Clerk and Recorder prior to receipt of Certificate of Occupancy. The unit shall be maintained as a rental property with APCHA and must be rented to a qualified working resident per APCHA requirements. The applicant will have the ability to place an APCHA-qualified tenant in the unit. If the unit is found to be out of compliance for a period of at least six months, APCHA will take full control of the tenant placement. Section 2• All approvals and conditions contained in P&Z Resolution No. 5, Series of 2016 and P&Z Resolution No. 1, Series of 2018 not modified by this Resolution remain valid. Section 3• 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 4• 230 E Hopkins Ave Mountain Forge Resolution No. 5, Series 2019 Page 3 of 4 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 5• 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 26th day of March, 2019. A7KQVED 0 FORM: Planning—and Zo mmission AY'dre'a rya , Assist nt City A ey Speyer cKrAg t, C it Jnn ne Stickle, Records Manager 230 E Hopkins Ave Mountain Forge Resolution No. 5, Series 2019 Page 4 of 4