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HomeMy WebLinkAboutresolution.apz.02-19 RECEPTION#: 656308, R: $128.00, D: $0.00 DOC CODE: RESOLUTION pg 1 of 24, 0513112019 at 02:44:43 PM Janice K. Vos Caudill, Pitkin County, CO RESOLUTION NO. 2 (SERIES OF 2019) A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN APPROVING GROWTH MANAGEMENT REVIEWS FOR DEMOLITION AND REDEVELOPMENT OF MULTI-FAMILY HOUSING, AFFORDABLE HOUSING, SPECIAL REVIEW, DIMENSIONAL VARIANCE, AND RESIDENTIAL DESIGN STANDARDS FOR THE PROPERTY LEGALLY DESCRIBED AS CONDOMINIUM UNITS A-1, A-2,A-3, A-4, A-5, A-6, A-7 AND A-8, ASPEN HILLS, A CONDOMINIUM, ACCORDING TO THE MAP THEREOF RECORDED JULY 15, 1969 IN PLAT BOOK 4 AT PAGE 8 AS RECEPTION NO. 136131 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR ASPEN HILLS, A CONDOMINIUM, RECORDED JULY 2, 1969 IN BOOK 241 AT PAGE 877 AS RECEPTION NO. 136011 AND FIRST AMENDMENT THERETO RECORDED SEPTEMBER 5, 1969 IN BOOK 243 AT PAGE 83 AS RECEPTION NO. 136864, PITKIN COUNTY, COLORADO AND COMMONLY KNOWN AS 331-338 MIDLAND AVENUE. PARCEL IDENTIFICATION NUMBER: 2737-074-05-001 THROUGH 2737-074-05-008 AND 2737-074-05-801 WHEREAS, Mr. William Boehringer, CEO, Aspen Hills Investors, LLC, on behalf of the Aspen Hills Condominium Association, submitted an application for Growth Management Reviews for — Affordable Housing, Demolition and Redevelopment of Multi-Family Housing, Special Review, Dimensional Variance, and Residential Design Standards Approval by the Planning and Zoning Commission for the redevelopment of a mix of affordable housing and free market residential units at 331-338 Midland Avenue; and, WHEREAS, the property is located in the Multifamily Residential (RMF) zone district; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, Building Department, Transportation Department, Parking Department, Environmental Health and Parks Department as a result of the Development Review Committee meeting on July 25, 2018, and a second DRC meeting was held on August 22, 2018 to review a revised application; and, WHEREAS, the Aspen/Pitkin County Housing Authority's Board of Directors considered the application at their scheduled meeting on September 19, 2018 and provided a recommendation of approval; and, WHEREAS, the applicant was required to perform enhanced noticing and did so at a neighborhood outreach meeting on December 3`d, 2018; and 331-338 Midland Ave Aspen Hills Development Resolution No. 2, Series 2019 Page 1 of 12 WHEREAS, the Community Development Director has reviewed the request and has provided a recommendation to approve the request; 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 December 4, 2018 and continued to the public hearing to January 22, 2019, and continued to the public hearing on February 5, 2019; 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 February 5, 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. WHEREAS, the Planning and Zoning Commission approves Resolution No. 2, Series of 2019, by a four to three (4 - 3) vote, granting approval of Growth Management, Special Review, a Dimensional Variance, and Residential Design Standards as identified herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: General Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves the following requests, as represented in the application presented before the Commission: A. Growth Management Quota System approvals for the development of Affordable Housing, the Demolition and Replacement of Multi-Family Housing and the General Standards within the chapter. 26.470.050 - General requirements 26.470.100.D - Affordable Housing 26.470.100.E—Demolition or Redevelopment of Multi-Family Housing 331-338 Midland Ave Aspen Hills Development Resolution No. 2, Series 2019 Page 2 of 12 More specifically, this resolution approves the development of 14 units (8 deed- restricted affordable housing units and 6 free market units), as further detailed in this Resolution. B. Special Review for the replacement of a non-conforming structure and design of the affordable housing, 26.430.030.13 - Replacement of Non-Conforming Structures 26.430.040.I—Affordable Housing Unit Standards C. Dimensional Variance for the five parking spaces in the south and west setback. 26.314.040— Standards Applicable to Variances D. Residential Design Standards 26.410.040—Multi-Family Residential Design Standards Section 2: Effectiveness of previous approvals; existing vested rights for Aspen Hills Condominiums All previous approvals for Aspen Hills Condominiums, including without limitation Planning & Zoning Commission Resolution No. 5, Series of 2017, remain in effect and are valid until the Development Agreements required by this Resolution are recorded in the real estate records of the Pitkin County Clerk and Recorder(the County Records). In addition, any existing vested property rights for the Aspen Hills Condominiums, shall remain in effect until Development Agreements required by this Resolution are recorded in the County Records. Upon recordation in the County Records of the Development Agreements, all previous approvals related to the Aspen Hills Condominium shall all be superseded, replaced and released by this Resolution No. 2, Series of 2019 and any associated documents. Section 3: Affordable Housing: A. All units may be for sale or rent, per APCHA recommendation, and are approved as R.O. or lower Category at the discretion of the applicant. All purchases or renters shall meet APCHA Guidelines. The following dimensions for the affordable housing units are approved: Unit Bedrooms Minimum Net Livable (Sq. Ft. 331 (A-1) 1 844 331-338 Midland Ave Aspen Hills Development Resolution No. 2, Series 2019 Page 3 of 12 332 (A-2) 2 843 333 (A-3) 2 841 334 (A-4) 2 840 335 (A-5) 2 841 336 (A-6) 1 840 337 (A-7) 2 856 338 (A-8) 2 849 Total -- 6,754 The development will be required to comply with the affordable housing unit sizes as outlined above, no reduction in the affordable housing unit size shall be allowed. B. The applicant and APCHA have reached a tentative agreement to provide 5 units (Units A-3, A-5, A-6, A-7, and A-8) as Category 5 rental units if the following conditions are met: 1. The applicant shall provide APCHA with a binding Purchase Option and First Right of Refusal, for APCHA (or its designated assignee(s), at APCHA's discretion) to purchase any of such Rental Units. 2. Exercising such option for any rental unit must occur by March 30, 2019 and closing to occur within 30 days upon the applicant's completion of the building upgrades and APCHA's satisfaction of all improvements and recorded deed restriction. 3. Not all Rental Units must be purchased by the parties designated by APCHA; if contracted to be purchased separately, the five units may be contracted for purchase in the following sequence: A-8, A-6, A-5, A-3 then unit A-7. 4. The Purchase Option Pricing for an employer, including APCHA, shall be $580,000 for each Category 5 Rental unit. If an agreement to purchase is not completed by March 30, 2019 then this subsection B becomes null and void C. Other than the 3 units permitted to be sold to existing residents, if they meet APCHA Guidelines, any other affordable housing units that are for sale will be sold through APCHA per the Development Agreement between APCHA and the developer if not purchased by APCHA. D. Storage for the 8 existing units will need to be provided above each parking space in the carport. The minimum dimensions for six (6) of the eight (8) storage units provided shall be: minimum 24" high, 8' wide, and 9' deep. The storage spaces above parking spaces one (1) and five (5) are allowed to provide a reduction in overhead storage size. The storage units are depicted in the Land Use application on file. 331-338 Midland Ave Aspen Hills Development Resolution No. 2, Series 2019 Page 4 of 12 E. A minimum of five (5) light tubes and two (2) skylights shall be provided for each of the affordable housing units. F. Regardless of who retains ownership of the affordable housing units, a development agreement shall be signed by APCHA and the developer within 180 days of the approval of this resolution. The development agreement shall include a complete list of renovations required to the existing structure, conditions of the deed restrictions, and conditions of approval for the building permit and subsequent receipt of a certificate of occupancy. No Certificates of Occupancy will be granted to any of the free market units without receiving Certificate of Occupancies for all affordable housing units. G. A minimum of thirty-two (32) square feet of storage shall be provided for each affordable housing unit in a sub-grade storage basement area below the covered parking. H. A minimum twenty (20) foot by twenty (20) foot roof top deck shall be provided on the roof of the existing structure to be used by all residents of the affordable housing units. Any stairs or access paths that provide access to the roof top deck will be included in the deck area calculation for the site pursuant to Section 26.575.020. Access shall be provided from the approved stair location to the north of the existing building as depicted in Exhibit A. Section 4: Free Market Housing Six free-market units are approved with a total of 12,229 sq. ft. of net livable space, as defined in the Land Use Code. Minor adjustments to the individual unit sizes listed below to address building code requirements or that do not exceed underlying net livable unit size requirements (including additional net livable allowed through the extinguishment of historic transferable development right certificates) may be approved at building permit review if the units meet the underlying zone district requirements and don't exceed the total net livable listed within this section. Free Market Residential Units: Unit Net Livable (Sq. Ft. Unit 1 1,920 Unit 2 2,047 Unit 3 1,865 Unit 4 1,775 Unit 5 2,415 Unit 6 2,207 331-338 Midland Ave Aspen Hills Development Resolution No. 2, Series 2019 Page 5 of 12 Section 5: Special Review—Replacement of non-conforminIZ structures This approval grants Special Review to allow the redevelopment of the existing 8-unit multi-family structure in the same footprint; maintaining existing non-conformities. New non-conformities are not approved. A. Approval of this resolution allows for the 0' setback lines around the southern and easterly portions of the existing structure. The applicant will be required to obtain appropriate easements for the portions of the structure that exist beyond the property line from adjacent property owners prior to permit submittal, in the alternative, any encroachments shall be removed. The easement shall be recorded with the Pitkin County Clerk and Recorder prior to building permit submittal. The approved setbacks are identified in the following table: Setbacks Front(West) 5 feet Side (North/South) 5 feet Rear (East) 5 feet East Setback around 0 feet existing structure South Setback around 0 feet existing structure B. Special Review approval for variations to the affordable housing unit standard is granted. The applicant is granted a variation from the percentage of above grade finished floor required. The APCHA Board recommended approval of the Special Review request for the amount of each unit that exists below grade. The approved unit configuration is shown below: Unit Minimum Total Maximum Below Maximum Unit Size—Net Grade Net Percent of Unit Livable (Sq. Ft.) Livable (Sq. Ft.) Below Natural Grade 331 (A-1) 844 415 49.2% 332 (A-2) 843 415 49.2% 333 (A-3) 841 420 49.9% 334 (A-4) 840 420 50% 335 (A-5) 841 420 49.9% 336 (A-6) 840 420 50% 331-338 Midland Ave Aspen Hills Development Resolution No. 2, Series 2019 Page 6 of 12 337 (A-7) 856 856 100% 338 (A-8) 849 849 100% Section 6: Residential Design Standards Approval of Residential Design Standards (Section 26.410.040), is granted as a combined review as part of this resolution. The application complies with all requirements of the Residential Design Standards for Multi-Family development. This resolution grants approval of the project under Residential Design Standards, limited to the project as presented. Section 7: 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 the request of a dimensional variance to allow for five (5) standard parking spaces, within the carport, to be located in the south and west setback. All other development in the setbacks shall be required to comply with the requirements in Section 26.575.020. Section 8: Approval Documents Two development agreements are required by this approval. A. A Development Agreement per APCHA requirements as outlined in Section 3 shall be signed and recorded prior to the submission of any Building Permit. This development agreement will address conditions of the rehabilitation of the existing building and conditions of approval as discussed at the APCHA and Applicant Meeting and Tentative Agreement on September 11, 2018, and APCHA Board Recommendation of approval at the regularly scheduled meeting on September 19, 2018. B. The record owner shall submit a Development Agreement to the City meeting the requirements of Section 26.490.050, Development Agreement, within 180 days of this approval. The development agreement shall be reviewed to ensure each item and condition of the approval is documented to the satisfaction of the Community Development Director, the City Engineer, and the City Attorney prior to recordation. No building permit submission for the development of the lot shall be permitted until the Development Agreement recordation has occurred. The Development Agreement shall set forth a description of the proposed improvements and obligations of the parties. Section 9: Building Permit Application 331-338 Midland Ave Aspen Hills Development Resolution No. 2, Series 2019 Page 7 of 12 The building permit application shall be compliant with all other standards and requirements of the City of Aspen Municipal Code and all other adopted regulations. The building permit application shall include the following: 1. Signed Development Agreement between APCHA and the developer. 2. Signed Development Agreement between the City and the developer. 3. Easements for encroachments of the existing structure beyond property line on southern and easterly property boundaries to be recorded by the Pitkin County Clerk and Recorder, unless said incursions are removed. 4. All required documents and drawings, as determined by the City of Aspen staff, must be provided prior to the acceptance of the building permit for review. 5. Five light tubes and two skylights shall be shown for each of the eight existing units. 6. Overhead storage above each of the parking spaces in the carport shall be provided for each affordable housing unit. The minimum dimensions of each storage unit shall be: 24" in height, 9' in length, and 8' wide. A reduction in storage unit size may be allowed for parking spaces one (1) and five (5) as described in Section 3. Upon recordation of any approval documents relating to this Resolution, any and all building permits that are under review for the scope of work approved via Resolution No. 5, Series of 2017 will need to be cancelled and withdrawn. The withdrawn permits are not subject to a full refund of fees paid, the building department will retain applicable fees, including but not limited to, review fees for reviews completed. Section 10: Building Code Compliance: The building permit application will be required to comply with Ordinance 40, Series of 2016 and Colorado Revised Statues 9-5-101, as well as any applicable building codes in place at the time of permit submission. Section 11: Zoning Unless otherwise varied by the Planning and Zoning Commission, this approval does not exempt the project from compliance with applicable zoning regulations of the City of Aspen's Land Use Code, including, but not limited to Section 26.575.020, Calculations and Measurements. Section 12: Parkin The development requires a minimum of 26 parking spaces. The proposal includes 17 onsite parking spaces, and cash-in-lieu mitigation for the remaining 9 required spaces. 8 spaces will be provided in a covered carport, 9 spaces will be provided in an enclosed garage structure. Each affordable housing units shall be assigned one (1) space. Three of the 17 spaces associated with the project are unassigned. 331-338 Midland Ave Aspen Hills Development Resolution No. 2, Series 2019 Page 8 of 12 Portions of four parking spaces are permitted within the south setback and portions of one parking space are proposed in the west setback, for a total of five (5) parking spaces with a portion of the space within the setbacks. All other aspects of the parking spaces will be required to comply with all other requirements of section 26.515.070 — Transportation and Parking Management Requirements. The parking areas are required to meet the Americans with Disabilities Act (ADA) requirements. The cash-in-lieu fee required for mitigation of 9 spaces shall be calculated and subject to the rate schedule in effect at the time of building permit submittal. Additional TIA credits may be used to satisfy up to one parking space for the total parking requirement generated by the development. Any TIA credits applied toward the parking requirement shall be reviewed and approved at building permit submission. Section 13: Transportation The approved project is required to mitigate 5.5 total trips. The applicant and Engineering Department have discussed increasing the width of the sidewalk and/or buffer to satisfy the TIA requirements. The applicant will need to demonstrate both the sidewalk and buffer can be wider than the Engineering Design Standards require. If both the sidewalk and buffer cannot be wider than the minimum, additional TIA credits will be required. Final TIA mitigation methodology will be reviewed and approved by the City Engineering Department and Transportation Department prior to issuance of a building permit. Section 14: Engineering A. The Applicant's design shall be compliant with all sections of the Municipal Code, Title 21 and all construction and excavation standards published by the Engineering Department. B. The project shall meet the Urban Runoff Management Plan Requirements. C. A major drainage report that meets URMP and Engineering Design Standards is required with building permit submittal. D. A detached sidewalk is required in the Midland Ave. right-of-way. Section 15: Environmental Health The project shall meet Aspen Municipal Code Section 12.06 Waste Reduction. Section 16: Parks A. 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. Fee-in-Lieu mitigation will be owed for approved tree removals. The applicant will be required to preserve the cottonwood tree in the NW corner of the property. A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of 331-338 Midland Ave Aspen Hills Development Resolution No. 2, Series 2019 Page 9 of 12 trees on site and their represented drip lines, as determined by the Parks Department. Air spading will be required around all trees on site or in the immediate vicinity on adjacent properties. 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. B. The landscape plan will be reviewed by the City Forester and species and spacing will be determined for sustainability and long-term health of the tree, as well as their contribution to the community forest. 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. C. The project, including all vegetation and the green roof, is subject to the Water Efficient Landscape requirements. The applicant will be required to meet with the Parks Department to review the proposed design prior to the submission of a building permit. Section 17: 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. Section 18: 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. Section 19: 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 20: School Lands Dedication Fee Pursuant to Land Use Code Chapter 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 21: Impact Fees Pursuant to Land Use Code Chapter 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 submittal and paid at building permit issuance. The 331-338 Midland Ave Aspen Hills Development Resolution No. 2, Series 2019 Page 10 of 12 amount shall be calculated using the methodology and fee schedule in effect at the time of building permit submittal. Section 22: Vested Rights The development approvals granted herein shall constitute a vested property right attaching to and running with the lot each for a period of three (3)years. 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 right. 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 resolution granting vested rights; or, to seek judicial review of the grant of 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 23• 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 24• 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 25: 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 5th day of February, 2019. 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