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HomeMy WebLinkAboutresolution.apz.022-00 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING CITY COUNCIL APPROVE THE CONCEPTUAL AND FINAL PLANNED UNIT DEVELOPMENT, REZONING TO OFFICE-PLANNED UNIT DEVELOPMENT (O-PUD),AND SUBDIVISION FOR THE DRACO, INC. AFFORDABLE HOUSING PROJECT,210 NORTH MILL STREET, CITY OF ASPEN. Parcel No. 2735.073.18.001 Resolution No. 00 -22 WHEREAS, the Community Development Department received an application from DRACO, Inc., a Colorado Corporation, Stoney Davis, Managing Member, owner and applicant, represented by Mitch Haas of Haas Land Planning for Rezoning, Subdivision, Residential Design Review Appeal, Special Review for Parking, and Conceptual and Final Planned Unit Development, for a proposed development to contain six (6) residential units restricted to the affordable housing guidelines of the Aspen/Pitkin County Housing Authority to be contained on a parcel of land currently developed with a commercial building known as Community Banks and described as 210 North Mill Street and also described as "Cap's Auto parcel" on the "Cap's Auto / City of Aspen Land Exchange"plat recorded in plat book 23, page 61, Pitkin County Recorder; and, WHEREAS, pursuant to Section 26.304.060, the Special Review for Parking and Residential Design Review Appeal has been combined with the Planned Unit Development review; and, WHEREAS, pursuant to Sections 26.304, 26.310, 26.445, 26.480, and 26.710 of the Land Use Code, land use applications requesting land use review for Rezoning for Planned Unit Development Overlay designation, Planned Unit Development Conceptual and Final plan adoption, and Subdivision approval, may be approved, approved with conditions, or denied by the City Council at a duly noticed public hearing after considering recommendations by the Community Development Director, the Planning and Zoning Commission made at a duly noticed public hearing, the appropriate referral agencies, and members of the general public; and, WHEREAS, the Fire Marshal, Aspen Consolidated Sanitation District, the City Water Department, City Engineering, City Parks Department, the Aspen/Pitkin County Building Department, the Pitkin County Planning Department, the Environmental Health Department, and the Community Development Department reviewed the proposal and recommended approval with conditions; and, WHEREAS, during a duly noticed public hearing on April 18, 2000, the Planning and Zoning Commission considered the noted recommendations and comments from the general public and recommended, by a seven to zero (7-0) vote, the City Council approve the Rezoning for PUD Overlay designation, adoption of a Final PUD Plan and Subdivision for an Affordable Housing addition to a commercial building to contain six (6) permanently affordable units and an appurtenant parking garage structure. PZ Reso.No. 00-22.Page I NOW, THEREFORE BE IT RESOLVED by the Commission that City Council should approve the DRACO, Inc. Affordable Housing Project, as proposed in the land use application, with the following conditions of approval: 1. Prior to final adoption of this PUD,the City Council shall be assured through an adopted Resolution, or other official means,that Pitkin County agrees to provide the applicant with a yard easement as presented in the land use application. The applicant shall gain the approval of City Council to provide a similar easement and an access easement as presented in the application. These easements shall be affirmed on the final Subdivision plat. Failure to affirm the easements shall render the PUD null and void. 2. Within 180 days after final approval by City Council and prior to applying for a Building Permit,the applicant shall record a Subdivision Plat and Final PUD Development Plans. The Subdivision plat shall include easements and signature blocks for any utility mains that are intended to serve adjacent parcels. The Subdivision plat shall depict and describe easements granted by Pitkin County and the City of Aspen related to yard setbacks and access easements and shall include signature blocks representing the respective property owners. The Final PUD Plans shall include an illustrative site plan that shows landscape features and describes the dimensional requirements of the PUD,an architectural character plan,a utility plan,and a grading/drainage mitigation plan that includes mitigation measures for the construction phase. A separate landscape plan is not necessary. A copy of the drainage report used to define the appropriate drainage mitigation shall be provided to the City Engineering Department for review and approval. No clear water may be directed to the sanitary sewer. The drainage report shall indicate the appropriate depth and maintenance interval for drywells. 3. Within 180 days after final approval by City Council and prior to applying for Building Permit,the applicant shall record a Subdivision/PUD Agreement binding this property to this development approval. The agreement shall include any provision for using the City of Aspen parking lot(s)north of the parcel for construction staging and contractor parking. The agreement shall describe the ownership, construction process, construction cost and responsibility, and ongoing responsibilities including maintenance of the proposed"bridge to parking garage." The agreement shall include a provision that ensures adequate garage door access for garbage service providers. The agreement shall include a maintenance provision for any on-site drywells. The agreement shall include an agreement to join any future improvement districts that would benefit the property under an assessment formula. 4. The following dimensional requirements of the PUD shall be printed on the Final Illustrative Plan: a. Minimum Lot Size. 6,000 square feet b. Minimum Lot Area per dwelling unit. 6 total residential units c. Maximum allowable density. 6 residential units d. Minimum lot width. 60 feet. e. Minimum front yard. As shown on Final PUD Plans f. Minimum side yard. As shown on Final PUD Plans g. Minimum rear yard. As shown on Final PUD Plans h. Maximum site coverage. No requirement. i. Maximum height: 25 feet for the commercial portion of building. 30 feet for northern 1/3 of residential portion of building. 39 feet for southern 2/3 of residential portion of building. PZ Reso.No. 00-22. Page 2 j. Minimum distance between buildings. No requirement. k. Minimum percent open space. No requirement. 1. Trash access area. Access to the garage shall be provided to the garbage service provider. m. Allowable Floor Area Ratio. 1.62:1 n. Minimum off-street parking spaces. 6 for the Residential portion 8 for the Commercial portion o. Commercial Square Footage. 6,250 square feet. 5. Prior to applying for a building permit the applicant shall: a. Record the final Subdivision Plat, PUD Plans, and PUD Agreement, as described above. b. Execute and submit a shared(sanitation) service agreement and pay all necessary fees to the Aspen Consolidated Sanitation District. c. Provide an air quality mitigation plan for review and acceptance by the Environmental Health Department. 6. The Building Permit Plans shall include/depict/demonstrate: a. A current(within 12 months)site improvement survey. b. A letter from the primary contractor stating the conditions of the development order have been read and understood. c. A fugitive dust control plan with provision for watering affected streets. d. An encroachment license for the construction period and a permanent encroachment agreement for any improvements on City property including, but not limited to, a heated sidewalk system if necessary. e. An oil and sand separator for parking garage drainage. This drainage cannot be directed to the sanitary sewer. f. A shared service agreement for City Water. g. Any physical improvements required by the Air Quality Mitigation Plan approved by the Environmental Health Department. h. A completed Asbestos Form, available from the City Environmental Health Department. i. Certification from a qualified Engineer regarding the adequacy of ventilation in the parking garage area. This shall be provided to the Environmental Health Department. j. Compliance with all pertinent requirements of the Building Code, as amended. k. Compliance with all pertinent requirements of the Fire Marshal including an adequate fire suppression system. 1. Full payment of required impact, review, and tap fees payable to the City of Aspen including $3,973 for School Impact,unless waived. PZ Reso.No.00-22. Page 3 7. The applicant shall inform the primary contractor about any agreement reached regarding the City parking lot(s)north of the Community Banks building for construction staging and contractor parking. 8. The applicant is encouraged to monitor noise and dust levels and accommodate neighboring land uses and residents to the extent practicable. Construction is prohibited between 7 p.m. and 7 a.m. and all day Sundays. The applicant is encouraged to provide recycling containers for residents. 9. Before issuance of a building permit,the applicant shall record this Planning and Zoning Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative,the applicant may pay this fee to the City Clerk who will record the resolution. 10. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval,unless otherwise amended by other conditions. BE IT BE FURTHER RESOLVED,by the Commission, that this project could support additional affordable housing units and such provision would further the goals of the City with respect to infill housing if the applicant had the opportunity to provide "car storage" at an off-site location. The applicant is hereby encouraged (not required)to propose such an alternative plan to City Council. Such an alternative plan shall not require an additional review by the Commission and the appropriate dimensional amendments to the PUD may be considered by the Council. The City Council should consider the benefits of additional affordable housing at this location and should consider the provision of parking spaces at the City Parking Garage, or another City-controlled lot, as a means of realizing this additional community benefit. RECOMMENDED FOR APPROVAL by the Commission at its regular meeting on April 18, 2000. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: CIL_ 1 City Attorney Robert Blaich, Chair ATTEST: hdw- Calm, ckie Lothian, beputy City Clerk PZ Reso.No. 00-22. Page 4