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Home My WebLink Aboutcoa.lu.sp.Aspen Meadows.A14400ASPEN MEDOWS SPA A144-00 _ Supplement 2735-121-294)07 s,/cr, C /zv� S CASE NUMBER A144-00 PARCEL ID # 2735-121-29007 CASE NAME Suppliment to Meadows SPA PROJECT ADDRESS Lots 8, 9, 10 Aspen Meadows Subdivision PLANNER Sarah Oates CASE TYPE SPA Supplement OWNER/APPLICANT Medicine Bow Equity Venture, LLC REPRESENTATIVE Micheal Herron DATE OF FINAL ACTION 11 /13/00 CITY COUNCIL ACTION Reso. 114-2000 PZ ACTION ADMIN ACTION Approved BOA ACTION DATE CLOSED 8/3/01 BY J. Lindt • • PARCEL ID: 2735-121-29007 DATE RCVD.,, 11/16/00 #COPIES:- CASE NO TT700 CASE NAME: Suppliment to Meadows SPA PLNR: ISarah Oates PROD ADDR: Lots 8. 9. 10 Aspen Meadows SuFd`7 CASE TYP: SPA Supplement STEPS: OWN/APP: Medicine Bow Equity ADRJ C/SlZ: PHN: REP: Micheal Herron ADR: 601 E. Hyman C/5/Z: Aspen/CO/81611 PHN: 925-1936 FEES DUE: FEES RCVD: Bill Them STAT: REFERRALS REF: BYJ DUE: MTG DATE REV BODY PH NOTICED �..yy ,DATE OF FINAL ACT CITY COUNCIL: REMARKS I N 0 0 -5T_ - 6 .) MEMORANDUM TO: Mayor and City Council THRU: Steve Barwick, City Manager Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director FROM: Sarah Oates, Zoning Officer RE: Supplement to the Aspen Meadows SPA Agreement regarding Lots 8, 9 and 10, Aspen Meadows Subdivision DATE: November 13, 2000 SUMMARY: As part of the Aspen Meadows Specially Planned Area (SPA) Agreement approved by the City of Aspen in 1992, Lots 7, 8, 9 and 10 were approved as free-market lots with one single-family home per lot. The owners were also required to build an Accessory Dwelling Unit (ADU) of 500 square feet above grade on each lot, to be deed restricted to the low-income rental guidelines (Category 1) as determined by the Housing Authority. The ADUs are required to be leased to a renter of the owner's choice. Each lot was allocated 500 square feet of floor area for the purpose of providing an ADU. In May 2000, City Council reviewed and approved a proposal by the buyers of Lot 7 to provide an off -site housing unit that would be added to the Housing Authority pool of units for sale, and maintain the on -site unit on Lot 7, Aspen Meadows Subdivision as a voluntary ADU. The owner of Lots 8, 9 and 10 is now requesting a modification to the original SPA Agreement so that the ADUs provided on -site are not required to be leased. The applicants have proposed to pay $158,536.80 per lot and to have the option of providing a voluntary occupancy 500 square foot ADU, and in exchange, the mandatory occupancy requirement for the ADUS will be eliminated. The $158,536.80 reflects the current cash -in -lieu amount for the proposed residences ($34.92 per square foot for 4,540 square feet of allowable floor area). The Community Development Department is recommending approval of the proposal to provide $158,536.80 per lot, with the option of providing a voluntary occupancy 500 square foot ADU, in exchange for lifting the mandatory occupancy requirement on the ADUs. APPLICANT: The applicants are Medicine Bow Equity Venture, LLC, represented by Michael J. Herron. • is REVIEW PROCEDURE: As part of the Aspen Meadows SPA Development and Subdivision Agreement it states: At the time of application for a building permit for any residential lot the City shall, if so requested by the lot owner, consider the appropriateness of accepting, instead of the accessory dwelling unit on the lot, cash in lieu thereof or an off -site employee unit. The decision shall be at the reasonable discretion of the City. STAFF COMMENTS: The section of the SPA Agreement pertaining to Lots 8, 9 and 10 has been included as Exhibit "A"(page 33). RECOMMENDATION: The Community Development Department recommends that Council approve the attached Resolution, allowing the applicant to provide $158,536.80 cash per lot, and having the option of providing a voluntary occupancy 500 square foot Accessory Dwelling Unit with the conditions outlined in the Resolution. RECOMMENDED MOTION: "I move to approve Resolution Number U ,, Series of 2000, allowing Medicine Bow Equity Venture, LLC to provide $158,536.80 cash per lot, and having the option of providing a voluntary occupancy 500 square foot Accessory Dwelling Unit with the conditions." CITY MANAGER'S COMMENTS: ATTACHMENTS: Exhibit A —Section of the Meadows SPA Agreement related to Lots 7, 8, 9 and 10 ,:\h—Oplynninyk—dnw W910.d. 2 RESOLUTION NO. (Series of 2000) RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A SUPPLEMENT TO THE ASPEN MEADOWS SPECIALLY PLANNED AREA (SPA) DEVELOPMENT AND SUBDIVISION AGREEMENT RELATED TO LOTS 8,9 AND 10, ASPEN MEADOWS SUBDIVISION, CITY OF ASPEN, COLORADO Parcel ID #2735-121-29004 Parcel ID #2735-121-29005 Parcel ID #2735-121-29006 WHEREAS, pursuant to the Aspen Meadows Specially Planned Area Development and Subdivision Agreement the Aspen City Council is authorized to consider the appropriateness of something other than an on -site Accessory Dwelling Unit deed restricted to mandatory occupancy for housing mitigation; and WHEREAS, Medicine Bow Equity Venture, LLC, owner, represented by Michael J. Herron has agreed to provide $158,536.80 cash -in -lieu per lot, as well as having the option of maintaining a 500 square foot voluntary occupancy Accessory Dwelling Unit on -site for each lot rather than said approval described below; and WHEREAS, the applicants are permitted through the Specially Planned Area approval to build a 4,540 square foot single family residence which includes an on -site Accessory Dwelling Unit of 500 square feet, which must be rented under the low income guidelines of the Housing Authority, and a 500 square foot garage exemption; and WHEREAS, the Accessory Dwelling Unit for each lot must be deed restricted to mandatory occupancy, per the Aspen Meadows Specially Planned Area Development of Subdivision Agreement, if the owner of said lot does not pay the $158,536.80 in housing mitigation. NOW, THEREFORE BE IT RESOLVED by the City Council: Section 1 That the supplement to the Aspen Meadows Specially Planned Area Development and Subdivision Agreement related to Lots 8, 9 and 10, Aspen Meadows Subdivision be approved with the following conditions: 1. If the owner so elects, the $158,536.80 cash -in -lieu for each lot must be paid prior to the issuance of building permits; 2. Any voluntary Accessory Dwelling Units are required to meet the Accessory Dwelling Unit guidelines pursuant to Section 26.520, with the exception of the FAR exemptions; • • 3. The Accessory Dwelling Units for Lots 9 and 10 must be deed restricted to either voluntary or mandatory occupancy prior to building permit; 4. The deed restriction for the Accessory Dwelling Unit on Lot 8 must be filed within fourteen (14) days of the approval date of this Resolution, or a stop work order will be issued on construction until said deed restriction is filed. Section 2 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. Rectinn I This Ordinance shall not effect 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. �ectinn 4 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 City Council at its regular meeting on November 13, 2000. Attest: Kathryn Koch, City Clerk APPROVED AS TO FORM: John Worcester, City Attorney Mayor: Rachel Richards 2