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Home My WebLink Aboutresolution.apz.005-2024 amendedRECEPTION#: 706038, R: $63.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 11, 11/07/2024 at 02:24:22 PM Ingrid K. Grueter, Pitkin County, CO RESOLUTION 905 (SERIES OF 2024) (Corrected) Scrivener's Error to Original Reception #704555 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN APPROVING GROWTH MANAGEMENT REVIEWS FOR DEMOLITION AND REDEVELOPMENT OF MULTI -FAMILY HOUSING, RESIDENTIAL DEVELOPMENT — SIXTY (60) PERCENT AFFORDABLE, TRANSPORTATION AND PARKING MANAGEMENT, AND RESIDENTIAL DESIGN STANDARDS FOR THE PROPERTY LEGALLY DESCRIBED AS CONDOMINIUM UNITS A-1, A-29 A-39 A-49 A-59 A-69 A-7 AND A-8, ASPEN HILLS, A CONDOMINIUM, ACCORDING TO THE MAP THEREOF RECORDED DULY 159 1969 IN PLAT BOOK 4 AT PAGE 8 AS RECEPTION NO. 136131 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR ASPEN HILLS, A CONDOMINIUM, RECORDED JULY 29 1969 IN BOOK 241 AT PAGE 877 AS RECEPTION NO. 136011 AND FIRST AMENDMENT THERETO RECORDED SEPTEMBER 5, 1969 IN BOOK 243 AT PAGE 83 AS RECEPTION NO. 136864, PITKIN COUNTY, COLORADO AND COMMONLY KNOWN AS 331-338 MIDLAND AVENUE. PARCEL IDENTIFICATION NUMBER: 2737-074-05-001 THROUGH 2737-074-05-008 AND 2737-074-05-801 WHEREAS, the Community Development Department received an application from KT Colorado Holdings LLC; William "Bill" V. Trefethen, Manager & PK Equity Aspen, LLC; William "Bill" V. Trefethen, Authorize Representative, 6380 E Thomas Road, Suite 200; Scottsdale AZ 85251, requesting approval for the following land use review approvals: • Growth Management Review pursuant to Land Use Code Section 26.470; and, • Multi -Family Residential Design Review pursuant to Land Use Code Section 26.410.040; and, • Transportation & Parking Management pursuant to Land Use Code Section 26.515. WHEREAS, the property is located in the Residential Multi -Family (RMF) zone district; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, Building Department, Transportation Department, Parking Department, Environmental Health and Parks Department as a result of the Development Review Committee meeting on March 18, 2024; and, WHEREAS, the applicant was required to perform enhanced noticing and did so with a detailed public notice mailing that explained the proposal, outlined the review process, and provided a visual rendering that described the project in layman's terms; and, WHEREAS, the Development Review Committee, consisting of the Aspen Consolidated Sanitation District, City Engineering, the Building Department, the Environmental Health P&Z Resolution #05, Series of 2024 Page 1 of 11 Department, the Parks Department, the Aspen/Pitkin County Housing Authority, and the Utilities Department provided referral comments to the Community Development Department; and, WHEREAS, the Community Development Director has reviewed the request and has provided a recommendation to approve the request; and, WHEREAS, the City of Aspen Planning and Zoning Commission reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, reviewed, and considered the recommendation of the Community Development Director and took and considered public comment at a duly noticed public hearing on July 16, 2024; and, WHEREAS, on July 16, 2024, during a duly noticed public hearing, the City of Aspen Planning & Zoning Commission reviewed the project and voted to continue the application; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets the applicable review criteria, and that approval of the request is consistent with the goals and objectives of the Land Use Code; and, WHEREAS, the City of Aspen Planning and Zoning Commission approves Resolution #05, Series of 2024, by a six to one (6-1) vote, recommending approval of the request for Growth Management Review, Residential Design Standards Review, and Transportation and Parking Management. NOW, THE CITY OF ASPEN PLANNING AND ZONING COMMISSION HEREBY APPROVES THE PROJECT KNOWN AS ASPEN HILLS SUBJECT TO THE FOLLOWING REVIEWS AND CONDITIONS: Section 1: Affordable Housing: A. Eleven affordable housing units are approved with a total of approximately 9,090.30 sq. ft. of floor area, as defined in the Land Use Code. Minor adjustments to the individual unit sizes listed below to address building code requirements or that do not exceed the 20% allowable reduction may be approved at building permit review if the units meet the underlying zone district requirements and don't provide less than the required amount of square footage for replacement of multi -family housing and the sixty (60) percent affordable residential development as applicable. All units may be for sale or rent, and are approved as R.O. or lower Category at the discretion of the applicant. All purchasers or renters shall meet APCHA Guidelines. The following dimensions for the affordable housing units are approved: P&Z Resolution #05, Series of 2024 Page 2 of 11 Unit Bedrooms Net Livable (Sq. Ft.) B1 2 902.50 B2 1 873.30 B3 2 912.30 B4 3 1395.00 B5 1 786.70 B6 2 932.50 B7 1 919.90 B8 Studio 436.70 B9 Studio 469.40 B 10 2 759.40 B11 1 702.60 Total 15 9,090.30 For clarification, these units are further broken down utilizing the two sections of the code that created the units. The multi -family replacement section of the code and the 60% affordable residential development. Affordable Units approved as part of Multi- Family Replacement Bedrooms Net Livable (Sq. Ft.) Affordable Units Approved as part of 60% Affordable Residential Development Bedrooms Net livable (Sq. Ft.) B1 2 902.50 132 1 873.30 133 2 12.30 138 Studio 436.70 B4 3 1395.00 139 Stuido 469.40 135 1 786.70 Total 1 1,779.40 136 2 932.50 137 1 919.90 B 10 2 759.40 1311 1 702.60 Tota l 14 7310.90 Section 2: Free Market Housing: Eleven free-market units are approved with a total of 16,457 sq. ft. of net livable space, as defined in the Land Use Code. Minor adjustments to the individual unit sizes listed below to address building code requirements or that do not exceed underlying net livable unit size P&Z Resolution #05, Series of 2024 Page 3 of 11 requirements (including additional net livable allowed through the extinguishment of historic transferable development right certificates) may be approved at building permit review if the units meet the underlying zone district requirements and don't exceed the allowable net livable per unit on the site. Unit Bedrooms Net Livable (Sq. Ft.) Al 3 2,462.00 A2 3 2,347.40 A3 3 2,081.90 A4 1 1,836.50 A5 3 1,227.50 A6 3 1,165.50 A7 3 1,066.80 A8 3 1,233.20 A9 1 1,066.80 A10 2 1,006.50 All 2 972.9 Tota l 27 16,467.00 For clarification, these units are further broken down utilizing the two sections of the code that created the units. The multi -family replacement section of the code and the 60% affordable residential development. Replacement Free Market Units approved as part of Multi- Family Replacement Bedrooms Net Livable (Sq. Ft.) Free Market Units approved as part of60% Affordable Residential Development Bedrooms Net Livable (Sq. Ft.) Al 3 2,462.00 A9 1 1,066.80 A2 3 2,347.40 A 10 2 1,006.50 A3 3 2,081.90 All 2 972.90 A4 1 1,836.50 Tota l 5 3,046.20 A5 3 1,227.50 A6 3 1,165.50 A7 3 1,066.80 A8 3 1,233.20 Total 22 13,420.80 P&Z Resolution #05, Series of 2024 Page 4 of 11 Section 3: Residential Design Standards: Approval of Residential Design Standards (Section 26.410.040) is granted as a combined review as part of this resolution. The application complies with all requirements of the Residential Design Standards for Multi -Family development. This resolution grants approval of the project under Residential Design Standards, limited to the project as presented. Section 4: Transportation and Parking: The approved project is required to mitigate 10.5 total trips. Final TIA mitigation methodology will be reviewed and approved by the City Engineering Department and Transportation Department prior to issuance of a building permit. Section 5: Aspen Pitkin County Housing Authority Conditions of Approval: 1. The Deed Restriction will be recorded prior to Certificate of Occupancy 2. Any current owner wishing to purchase an AH unit and with the approval of the developer, must be approved by APCHA prior to closing; although the income and assets will be waived, the buyer (purchaser) cannot own any other property within the ownership exclusion zone as defined by the APCHA Regulations, and said buyer must sign a deed restriction at the time of purchase of the unit. 3. A Certificate of Occupancy for all deed restricted units must be completed prior to any free market units. 4. A final Capital Reserve Study completed by a certified third party will be required at the time of Certificate of Occupancy for the deed restricted units. 5. The rental rates will be established in the master deed restriction and stated in the APCHA Regulations. 6. Maximum rental rates will apply whether the units are provided furnished or unfurnished. No additional rent can be charged for a furnished unit. 7. Tenants may not be charged for the following, either as rent or in addition to rent, as stated in the APCHA Regulations: a. Cost of electricity, gas, water and sanitation in common areas b. Condominium dues/assessments c. Management costs d. Property taxes e. Landscaping costs f. Snow plowing/shoveling g. Condominium insurance 8. All interested parties withing to purchase the AH units to use as rental units for qualified employees, must be approved by APCHA as qualified Pitkin County employers. Language will be added into the deed restriction that will require this approval along with not allowing any of the rental units to be occupied by the owners (unless previously approved by the developer). 9. A separate HOA will be created for the affordable housing project separate from the free- market units. Should the owner(s) request to turn the project into 100% ownership, the owner(s) must obtain approval from the City and APCHA. The owner(s) shall obtain P&Z Resolution #05, Series of 2024 Page 5 of 11 approval of all condominium documents by APCHA. These shall include, but may not be limited to, the following: a. Articles of incorporation b. By -Laws c. Condominium Declaration d. Condo Plat Map e. Nine required governance policies required by CCIOA f. Budget g. An updated Reserve Study Section 6: Parks Department Conditions of Approval: 1. A development related — tree removal permit shall be submitted for approval concurrently with building permit submittal. Said permit shall outline a tree protection, tree removal, and tree mitigation plan of existing trees, drip line excavation if applicable, and mitigation schedule for all tree removals as referenced in Chapter 13.20 of the City Municipal Code. Replanting of trees on the parcel and/or fee -in -lieu mitigation value will be owed for all permitted tree removals. 2. Applicant will submit an up-to-date improvement survey dated within one year of building permit submittal. 3. Applicant will submit a shoring plan illustrating proposed impacts to trees at building permit. 4. Applicant will be required to preserve the cottonwood tree in the NW corner of the property. 5. Applicant will be required to preserve the spruce tree in the NE corner within and along the Aspen View Condo Association parcel boundary immediately adjacent to the proposed development. 6. Tree protection fencing shall be erected at or outside of the drip line of each individual tree or groupings of trees on site and their represented drip lines, as determined by the Parks Department. 7. Pneumatic excavation (air -spading) will be required around all trees retained on site or in the immediate vicinity on adjacent properties. 8. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic is permitted within the dripline of any tree to be preserved on site pursuant to City Municipal Code Section 13.20. 9. A landscape plan will be reviewed at building permit by the City Forester and species and tree spacing will be determined for sustainability and long-term health of the tree, as well as their contribution to the community forest. 10. Landscaping in the public right of way will be subject to landscaping in the ROW requirements, Ch. 21.20. 11. There shall be no plantings within the City ROW which are not approved first by the City Parks Department/City Forester. Final plans shall show compliance with these requirements. P&Z Resolution #05, Series of 2024 Page 6 of 11 12. The project is subject to the Water Efficient Landscape requirements. The applicant will be required to meet with the Parks Department to review the proposed design prior to the submission of a building permit. Section 7: School Lands Dedication Fee Pursuant to Land Use Code Chapter 26.620, School Lands Dedication, the Applicant shall pay a fee -in -lieu of land dedication prior to building permit issuance for the excavation/stabilization permit. The City of Aspen Community Development Department shall calculate the amount due using the calculation methodology and fee schedule in effect at the time of building permit submittal. Section 8: Impact Fees Pursuant to Land Use Code Chapter 26.610, Impact Fees, the Applicant shall pay a Parks Development impact fee, and Transportation Demand Management (TDM)/Air Quality impact fee assessed at the time of building permit submittal and paid at building permit issuance. The amount shall be calculated using the methodology and fee schedule in effect at the time of building permit submittal. Section 9: Affordable Housing Mitigation The applicant shall mitigate the remaining .6 FTEs to be mitigated from the 60% Affordable Residential Development in a manner consistent with the Land Use Code and the fee shall be calculated using the methodology and fee schedule in effect at the time of building permit submittal. Any additional affordable housing mitigation shall be calculated using the methodology and fee schedule in effect at the time of building permit submittal (if applicable). Section 10: Vested Rights The development approvals granted herein shall constitute a vested property right attaching to and running with the lot for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property right. Section 11: 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 12: 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 #05, Series of 2024 Page 7 of 11 Section 13: 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 Planning and Zoning Commission of the City of Aspen at its meeting on August 6, 2024. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: ine Johnson; ssistant City Attorney eraissa McGovern, chair ATTEST: rD 0 racy terry, Deputy Cler Exhibit A: Approved Plans P&Z Resolution #05, Series of 2024 Page 8 of 11 1 952 , l ' I I 1 I I 1 i 1 , 1 I 1 1 ta� ;3Q l N 0 ! w LU W i I I i i a 0 I 1 1 j i i l i I i Z I 1 1 i i r `I I I l I; I I: A Ci i 7r,C .1..r ........... r........... r I 1 S; 4yf' _Sy1r T T N z, 0, W J W F— tn >W I k I 1 1 1 : 1 , ' 1 1 I I. ,1 1 � W� I. 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