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HomeMy WebLinkAboutresolution.apz.010-2013 RECEPTION#: 599060, 04/29/2013 at 10:34:32 AM, 1 OF 13, R $71.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION N0. 10, (SERIES OF 2013) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING FREE-MARKET RESIDENTIAL, AFFORDABLE HOUSING, AND COMMERCIAL GROWTH MANAGEMENT REVIEWS, AND RECOMMENDING THE CITY COUNCIL APPROVE A SUBDIVISION, FOR THE DEVELOPMENT OF ONE (1) FREE-MARKET RESIDENTIAL UNIT, ONE (1) AFFORDABLE HOUSING UNIT, AND 292 SQ FT OF NEW COMMERCIAL SPACE FOR THE PROPERTY LOCATED AT 534 E COOPER AVE BOOGIES BUILDING) CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-182-24-008 WHEREAS, the Community Development Department received an application from Boogie's Building of Aspen, LLC, represented by Sunny Vann of Vann Associates, LLC requesting approval of Free-Market Residential, Affordable Housing, and Commercial Growth Management Allotments, and Subdivision, to remodel and expand the existing building to include one (1) free-market residential unit, one (1) affordable housing unit, and 292 sq ft of new commercial space; and, WHEREAS, the Applicant requests approval by the Planning and Zoning Commission Free-Market Residential, Affordable Housing, and Commercial Growth Management Allotments; and, WHEREAS, the Applicant requests a recommendation by the Planning and Zoning Commission to the City Council for Subdivision approval; and, WHEREAS, the property is zoned Commercial Core (CC); and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended approval of the application; and, WHEREAS, during a duly noticed public hearing on April 16, 2014, the Planning and Zoning Commission approved Resolution No. 10, Series of 2013, by a seven to zero (7 — 0) vote, approving one (1) Free-Market Residential Growth Management Allotments, one (1) Affordable Housing Growth Management Allotment, and 292 sq ft Commercial Growth Management Allotments, and recommending the Aspen City Council approve aSubdivision; 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 Resolution No 10, Series 2013 Page 1 of 5 Development Director, the applicable referral agencies, and has taken and considered public comment; and, 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: 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 allotments and approvals for one (1) free-market residential unit, one (1) affordable housing unit, and 292 sq ft of commercial net leasable space. The Planning and Zoning Commission hereby recommends City Council approval of Subdivision. Section 2: Dimensions All dimensions shall meet the requirements of the Land Use Code in effect on March 30, 2012 (date of initial application). The free-market residential unit is approved at 2,307 square feet of net livable area, through the landing of a Historic Transferable Development Right(TDR). The approved floor plans are attached as Exhibit A. Minor changes from these are permitted at building permit. Areas labeled as "roof' or "rooftop garden" are not permitted for use as a deck. The chimney shown in the approved plans is not approved. The project is subject to all conditions included in HPC Resolution 16, Series of 2012. The Final HPC and Commercial Design Reviews shall address where any rooftop mechanical equipment is located. Section 3: Engineering The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the Engineering Department. The Applicant shall be subject to the Urban Runoff Management Plan Requirements. A compliant drainage plan must be submitted with a building permit application. This includes detaining and providing water quality for the entire site. If the site chooses fee- in-lieu of detention (FIL), it can only be applied to existing impervious areas all new Resolution No 10, Series 2013 Page 2 of 5 areas will need to discharge at historic rates. Any detention requirements covered under the FIL option must discharge directly to the City's stormwater infrastructure. As of March 13, 2013, the sidewalk was in acceptable condition and did not require replacement. The curb and gutter was damaged and should be replaced. Should the sidewalk, curb or gutter be damaged as a result of construction activities, it will be the property owner's responsibility to repair the damage as described in Title 21. Due to the proximity of the neighboring property, the City will require an excavation stabilization plan prior for any excavation. The plan should be submitted with the building permit submittal. The Construction Management Plan shall describe mitigation for: parking, staging/encroachments, and truck traffic. Section 4: Affordable Housin The 1 on-site, one-bedroom affordable housing unit shall be deed restricted to Category 3. The Certificate of Occupancy (CO) for the unit shall be issued prior to or at the same time as the proposed free-market unit. The unit shall be owned and managed by Boogies Building of Aspen, LLC. More detailed information regarding the management and maintenance of the unit shall be provided to APCHA with the proposed deed restriction prior to CO. The owner shall have the right to rent the unit to tenants qualified under the APPCHA Guidelines. If the owner cannot provide a qualified tenant, the unit shall be rented through APCHA's normal advertising process. At no time shall the tenancy of the unit during a lease period be tied to continued employment by the owner. Tenant leases, however, may be terminated for cause or at the end of the lease period upon termination of employment. The tenant in the rental unit shall be required to be requalified by APCHA on a yearly basis. Owner and APCHA stipulate and agree that, in accordance with C.R.S. 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 C.R.S. 38-12-301. The deed restriction shall allow the unit to become ownership unit at such time as the owner elects to condominiumize and sell the unit, or at such time as APCHA determines the unit is found to be out of compliance for one year. If the unit is found to be out of compliance for one year, or the owner elects to sell the unit, the unit shall be listed for sale with APCHA at the category specified in the deed restriction. The sales price shall be as stated in the APCHA Guidelines in effect at the time of recordation of the deed restriction plus appreciation calculated at three percent (3%) per annum or the Consumer Price Index (simple appreciation not compounded), whichever is less, as of the listing date of the unit. Resolution No 10, Series 2013 Page 3 of 5 If the unit is being sold due to noncompliance, it shall be sold through the lottery system. If the owner elects to sell the unit, the owner may choose the initial buyer provided they qualify under APCHA's top priority for the unit. If the owner elects to sell the unit, or they are required to be sold due to noncompliance, owner shall condominiumize the unit and form a condominium association for the management and maintenance thereof. The affordable housing association shall be separate from the free-market residential unit's and commercial unit's association(s). In the event the rental unit is required to become ownership unit due to noncompliance, APCHA or the City may elect to purchase them for rental to qualified tenants in accordance with APCHA Guidelines. Section 5: Fire Miti ation All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Section 6: Utilities Due to a low roof (non-conforming with standards) above the existing transformer and non-conformance to Electrical codes, the existing transformer cannot be upsized in place. Most likely the transformers at Aspen Core/ Little Annies will not be able to be used by this developer as capacity is being reserved for those developments. Due to these constraints, a new transformer location may be the best option. The applicant shall work with the Utilities Department prior to submittal of building permit to determine a location for a new transformer that acceptable to the Utilities Department. Section 7: Sanitation District Requirements Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. Because a restaurant currently exists and is anticipated to remain, Oil and Grease interceptors (NOT traps) are required for all food processing establishment. Locations of food processing shall be identified prior to building permit. Section 8: Parks 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 by the City Parks Department and the Engineering Department. If a tree(s) is requested for removal, the applicant will be required to receive an approved tree removal permit per City Code 13.20, this includes impacts under the drip line of the tree. Parks is requiring that the tree permit be approved prior to approval of the demo and/or building permits. Parks will approve a final landscape plan during the review of the tree removal permit based on the landscape estimates. Resolution No 10, Series 2013 Page 4 of 5 A vegetation protection fence shall be erected at'the drip line of each individual tree or groupings of trees remaining on site and their represented drip lines. A formal plan indicating the location of the tree protection will be required for the building permit set. 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. This fence must be inspected by the city forester or his/her designee before any construction activities are to commence. Section 9: Parkin The applicant shall pay a cash-in-lieu fee for the 0.292 parking spaces generated b the development. y Section o-- n 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 or City Council, 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: 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 12: 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 16th day of April, 2013. APPROVED AS TO FORM: PLANNIN AND ZONING ,.. CO I I Debbie Quinn, Asst. 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