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HomeMy WebLinkAboutresolution.apz.013-2013 RECEPTION#: 599795, 05/24/2013 at 10:54:27 AM, 1 OF 5, R $31.00 Doc Code RESOLUTION Janice K.Vos Caudill, Pitkin County, CO RESOLUTION N0. 13, (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, THREE (3) AFFORDABLE HOUSING UNITS, AND 786 SQ FT OF NEW NET LEASABLE COMMERCIAL SPACE FOR THE PROPERTY LOCATED AT 420 EAST HYMAN AVENUE, LOT O, BLOCK 88, AKA DUVIKE CONDOMINIUMS, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-037-39-020 THRU -027 AND 2737-073-39-801 WHEREAS,the Community Development Department received an application from John Martin, represented by Charles Cunniffe Architects, Inc. requesting approval of Free-Market Residential, Affordable Housing, and Commercial Growth Management Allotments, and Subdivision, to demolish the existing building and to construct a new three story building to include one (1) free-market residential unit, three (3) affordable housing units, and 786 sq ft of new net leasable 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, the property is located within the Commercial Core Historic District and is not considered a contributing building to the integrity of the Historic District; and WHEREAS, on July 25, 2012 and on November 14, 2012 the Historic Preservation Commission granted Conceptual Commercial Design Review and Conceptual Major Development Review approval via Resolution # 17 and Resolution #28, Series of 2012 WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended approval of the application; and, Resolution No 13, Series 2013 420 East Hyman Ave Page 1 of 5 WHEREAS, during a duly noticed public hearing on May 21, 2013, the Planning and Zoning Commission approved Resolution No.13, Series of 2013,by a five to zero ( 5— 0) vote, approving one (1) Free-Market Residential Growth Management Allotments, three (3) Affordable Housing Growth Management Allotment, and 786 sq. ft. Commercial Growth Management Allotments, and recommending the Aspen City Council approve a Subdivision; 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, 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, three (3) affordable housing unit, and 786 sq. ft. of new commercial net leasable space for a total of 4,396 sq. ft. of commercial net leasable space. The Planning and Zoning Commission hereby recommends City Council approval of Subdivision. The project is subject to all conditions included in HPC Resolutions #17 and #28, Series of 2012. Section 2: Dimensions All dimensions shall meet the requirements of the Land Use Code in effect on April 4, 2012 (date of initial application), attached as Exhibit B. The approved floor plans are attached as Exhibit A. Minor changes from these are permitted at building permit and during Final Commercial Design Review by the Historic Preservation Commission. Areas labeled as "roof' or "green roof' are not permitted for use as a deck. Resolution No 13, Series 2013 420 East Hyman Ave Page 2 of 5 The project is subject to all conditions included in HPC Resolution 17 and HPC Resolution 28, Series of 2012. 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. 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 impervious areas will need to discharge at historic rates. Any discharge from the site must be made to the south mall side of the building opposed to the north alley side. Minor events must be tied into the storm sewer with a manhole. The manhole lid must be located below the mall bricks. Major events must discharge to the mall. Any proposed grade changes to the mall require approval by the Engineering Department. The Construction Management Plan shall describe mitigation for: parking, staging/encroachments, and truck traffic. Due to the proximity of the neighboring property and the excavation of the building, the Engineering Department shall require an excavation stabilization plan prior to building permit submittal. Section 4: Affordable Housing The three on-site affordable housing units, two studio units and one 2-bedroom unit, shall be deed restricted to Category 4. A deed restriction, approved by the Aspen/Pitkin County Housing Authority (APCHA), shall be recorded prior to a Certificate of Occupancy for free market residential component and the commercial component of the project. The affordable housing units shall be compliant with the Aspen/Pitkin County Housing Guidelines. 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. 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 Resolution No 13, Series 2013 420 East Hyman Ave Page 3 of 5 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 re-qualified by APCHA on a yearly basis. 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 Mitigation All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Section 6: Utilities All requirements of the City's most recently Adopted Water System Distribution Standards (currently 2012) must be met. Fire suppression is required. Fire flow calculations are required to confirm service size. Additionally Electrical Service should be discussed immediately with the Electric Department to ensure System capacity. If there is not System Capacity it may be necessary for the Developer to place a transformer on site. That Transformer would need to meet all pertinent Electrical Codes, and all City Electrical Setbacks (i.e. 10' in front of doors or free to alleyway, free to sky above [no overhangs]). 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. Oil and Grease interceptors (NOT traps) are required for all food processing establishment. Locations of food processing shall be identified prior to building permit. Even though the commercial space is tenet finish, interceptors will be required at this time if food processing establishments are anticipated for this project. ACSD will not approve service to food processing establishments retrofitted for this use by small under counter TRAPS at a later date. Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. 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 Resolution No 13, Series 2013 420 East Hyman Ave Page 4 of 5 not approved by the City Parks Department and the Engineering Department. Off-site public amenity equal to or in excess of$22,500 is subject to Parks Department approval. Section 9• 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 10: 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 11: 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 21 st day of May, 2013. APPROVED AS TO FORM: PLANN AND ZONING r SS N: Debbie Quinn,Asst. City Attorney J spamer, Chair ATTEST: ?-JLothian, epitty City Clerk Resolution No 13, Series 2013 420 East Hyman Ave Page 5 of 5