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Home My WebLink Aboutresolution.apz.001-2023IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII II I III IIIII IIIII IIIII IIII Illll IIII RECEPTION#: 693667, R: $28.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 4. 03114/2023 at 02:00:40 PM Ingrid K. Grueter, Pitkin County, CO RESOLUTION # 01 (SERIES OF 2023) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING VARIATIONS FROM CERTAIN RESIDENTIAL DESIGN STANDARDS, SPECIAL REVIEW FOR ACCESSORY DWELLING UNIT DESIGN STANDARDS, GROWTH MANAGEMENT REVIEW AND CERTIFICATES OF AFFORDABLE HOUSING CREDITS FOR THE PROPERTY LEGALLY DESCRIBED AS LOT 1 VANDEMOER HILL LOT SPLIT, ACCORDING TO THE FINAL PLAT THEREOF RECORDED NOVEMBER 16, 2020, IN PLAT BOOK 129 AT PAGE 11, COUNTY OF PITKIN, STATE OF COLORADO Parcel No. 2735-122-12-002 WHEREAS, the Applicant, Lot 1 Vandemoer Hill Lot Split LLC c/o Robert Bowden, President of Bowden Homes Equity Fund Manager Inc., PO Box 1470, Aspen, CO 81611, represented by Chris Bendon, Bendon Adams, has requested approval for variations from certain Residential Design Standards, Special Review for Accessory Dwelling Unit Design Standards, Growth Management Review, and Certificates of Affordable Housing Credit for the property legally described as Lot 1 Vandemoer Hill Lot Split, according to the Final Plat thereof, recorded November 16, 2020 in Plat Book 129 at Page 11, County of Pitkin, State of Colorado; and, WHEREAS, for approval of variations from Residential Design Standards, the application shall meet the requirements of Aspen Municipal Code Section 26.410.020.d, Variations; and, WHEREAS, for approval of Special Review for Accessory Dwelling Unit Design Standards, the application shall meet the requirements of Aspen Municipal Code Sections: 26.520.050, ADU Design Standards, Section 26.430.040, Special Review, and Section 26.520.080.d, Special Review for ADU Design Standards; and, WHEREAS, for approval of Growth Management Review, the application shall meet the applicable provisions of Aspen Municipal Code Sections 26.470, Growth Management Quota System (GMQS), including the requirements of Code Section 26.470.080, General Review Standards, and Section 26.470.100, Planning & Zoning Commission Applications; and, WHEREAS, for approval of Certificates of Affordable IIousing Credits, the applicant shall meet the requirements of Aspen Municipal Code Section 26.540.070, Review Criteria for Establishing an Affordable Housing Credit; and, WHEREAS, the Community Development Department Staff reviewed the application for compliance with the applicable review standards; and, WHEREAS, upon review of the application and the applicable Land Use Code standards, the Community Development Director recommended approval of certain Residential Design Standard Variations (and denial of others), approval of Special Review for Accessory Dwelling P&Z Resolution #01, Series of 2023 Page 1 of 4 Unit Design Standards, approval for Growth Management Review and Certificates of Affordable Housing Credits; and, WHEREAS, on January 3, 2023, the City of Aspen Planning & Zoning Commission reviewed the project and voted to continue the application per the Applicant's request; and, WHEREAS, on February 7, 2023, during a duly noticed public hearing, the City of Aspen Planning and Zoning Commission considered the revised application, the revised staff memo and public comment under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets the applicable review criteria and that the approval of the request is consistent with the goals and objectives of the Land Use Code; and, WHEREAS, the Planning and Zoning Commission approves Resolution #01, Series of 2023, by a four to two (4-2) vote, granting approval of variations from certain Residential Design Standards, Special Review for ADU Design Standards, Growth Management Review and Certificates of Affordable Housing Credits as identified herein. NOW, THEREFORE BE IT RESOLVED BY THE ASPEN PLANNING & ZONING COMMISION: Section 1: Approved Development Development of two (2) free-market single-family residential dwelling units and development of two (2) deed -restricted Accessory Dwelling Units is approved subject to the following condition: 1. A conceptual drainage plan, geological report and other documentation as deemed necessary by the Engineering, Parks or any other applicable departments shall be submitted and approved at the time of building permit. Section 2: Residential Design Standard Variations Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code and representations made by the Applicant, the Planning and Zoning Commission hereby approves the request for variations from the following Residential Design Standards: 1. Standard B.3: Build -to Requirement • A variation from this standard is approved for the south house. 2. Standard D.1: Entry Connection • A variation from this standard is approved for the south house; a street -facing entry connection is not required. The street -facing entry connection on the front fagade of the north house is approved as represented in the application. All other Residential Design Standards shall be met. P&Z Resolution #01, Series of 2023 Page 2 of 4 Section 3: Deed -Restricted Accessory Dwelling Units Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning & Zoning Commission hereby approves the request for Special Review for ADU Design Standards, Growth Management Review, and Certificates of Affordable Housing Credit to develop two (2) deed -restricted Accessory Dwelling Units subject to the following conditions: 1. The Net Livable Area and bedroom count of each unit is set forth below. Affordable housing credits equal to 7 FTEs are generated: Unit Bedrooms Net Livable Area Minimum Required ADU 1 4 1,365 sq. ft. 1,200 sq. ft. ADU 2 4 1,365sq. ft. 1,200 sq. ft. 2. Each unit will meet basic livability standards prescribed by APCHA, including, but not limited to a full kitchen, two full bathrooms, washer and dryer hookups, and closet space in each bedroom. 3. A deed -restriction and Certificate of Occupancy for the ADUs shall be recorded prior to Certificate of Occupancy for the free-market dwellings. 4. The Applicant shall designate the category of each unit and shall provide APCHA with the required documentation prior to Certificate of Occupancy. 5. The category at which credits are generated for each unit shall match the category at which each unit is rented. 6. Minimum occupancy requirements shall be met at all times. 7. One off-street parking space is required for each ADU. The approved project represents two spaces per unit. 8. The applicant has indicated that the ADUs will be rental units. A Pitkin County Employer per APCHA definitions may purchase the unit and rent to their employees, adhering to all APCHA requirements. Such employer must be approved by APCHA prior to entering a contract for the initial sale, as well as any subsequent sales. 9. The Applicant has agreed that the ADUs shall be occupied prior to issuance of the affordable housing credits. Section 4: Material Representations 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 site development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 5: Existing Litigation 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. P&Z Resolution #01, Series of 2023 Page 3 of 4 Section G: Severability 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 Commission at its meeting on February 7, 2023. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: r City Attorney eraissa Mc o rn, Chair ATTEST: Cindy klob, Records Manager P&Z Resolution #01, Series of 2023 Page 4 of 4