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HomeMy WebLinkAboutresolution.apz.022-98 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING A VOLUME VALANCE, P~NG REQUIREMENTS AND ~I~PUD LOT AREA REQ~REMENTS THROUGH SPECIAL REVIEW, AND RECOMMENDING CITY COUNCIL ~PROVAL OF THE CONCEPTU~INAL PLANNED UNIT DEVELOPMENT, REZONING TO AH1-PUD, AND SUBDIVISION ~PLICATION FOR THE ~PINE COTTAGES, 1240 E. COOPER, AND LOT 3, FERGUSON E~TION, CITY AND TOWNSITE OF ASPEN, PARCEL NO. 2737-181-00-016 Resolution #98 ~ WHEREAS, Larry Saliterman, in association with Semrau Building and Design (applicant), submitted an application (development proposal) to the Community Development Department for the development of 10 deed restricted affordable housing units and four (4) free-market-AH associated residential lots at 1240 East Cooper Ave.; and, WHEREAS, the applicant has requested.a rezoning to AH 1-PUD, conceptual and final planned unit development approval, s,u. bd~v~s~on, an .exemption ~rom the growth management competition and scoring proced~es for affordable 'housipg and free-market- AH associated housing, approval of the method in which affordable housing is to be provided, vested property rights, a waiver of the "Residential Design Standards", and Special Review to establish the parking requirements and lot size; and WHEREAS, the application was referred to the relevant agencies and the Housing Office, Fire Marshall, Environmental Health Department, Aspen Consolidated Sanitation District, City Engineering Department, Parks Department, and Community Development Department reviewed the proposal and recommended approval with conditions; and, WHEREAS, the Planning and Zoning Commission may~approve applications for waiver of the "Residential Design Standards", and Special Review t° establish the parking requirements and lot size and may recommend City Council approve rezoning to AH1-PUD, conceptual and final planned unit development approval, and subdivision, and did approve said requests and recommended said actions with conditions, by a 4-0 vote, at a duly noticed public hearing on May 19, 1998; and, WHEREAS, the Growth Management Commission may recommend City Council exempt from the growth management competition and scoring procedures affordable housing and free-market-AH associated housing, and the' method in which affordable housing is to be provided from the Growth Management Quota System pursuant to Sections 26.52 and 26.100, and recommended said action, by an 8-0 vote, pursuant to said sections at a duly noticed public heating on May 19, 1998. NOW, THEREFORE BE IT RESOLVED by the Commission that it does hereby approve the application for waiver of the "Residential Design Standards" related to v°lume' and d°es establish the Parking requirements and l°t size tkr°ugh Special Review as requested by the applicant, without conditions. The Commission further recommends that the City Council should approve the consolidated conceptual/final PUD, rezoning to AH 1-PUD, and subdivision for the Alpine Cottages, subject to the following conditions: I. That the Growth Management Commission's recommendation to approve ten (10) deed-restricted residential units and four (4) free-market-AH associated residential allotments, be exempted from Growth Management and that this be the approved method of providing affordable housing for the Alpine Cottages; 2. That the applicant agree to the conditions placed on the project by the housing board, including: · The RO units will have a 3% appreciation cap; · The developer will sell the RO units to a minimum household size of three persons; · Income and asset restrictions should be based on a maximum of an $800,000 price; · The maximum price for the RO units be set at $550,000; · The RO units be sold to households who have worked in Pitkin County a minimum of the last four years consecutively; 3. That a utility plan be submitted to the Water Dept., the ACSD, and the City Engineer for their review and approval prior to issuance of building permits; 4. All legal instruments associated with the access easement to Lot 2, Ferguson Exemption, the emergency access easement located between proposed Lots B and C, utility easements, and the trail easement between Aene Ct. and Snyder be recorded as part of the final plat; 5. Lighting should be downcast and not used to call attention to architectural features; 6. Prior to issuance ora building permit the applicant will be required to gain approval for a line extension request, a collection system agreement, and a shared service agreement for each unit from the Aspen Consolidated Sanitation District; 7. The applicant shall submit a drainage report prior to issuance of a building permit to ensure that no sediment loaded drainage will be leaving the property during and after construction; 8. Prior to issuance of a building permit, the applicant shall submit a fugitive dust control plan; 9. Prior to issuance ora building permit, the applicant shall gain the necessary permits from the Environmental Health Depamuent for any fireplaces or woodburning devices; 10. Asbestos testing of the existing buildings will be required, as applicable, with the building permit application; 11. Prior to issuance of a building permit, the applicant shall submit GIS data including property lines, building footprints, easements, and encroachments; 12. Prior to issuance ora certificate of occupancy, the applicant shall repair any public right-of-way damaged during construction: I Illlll Illll IIllll IIllll III Illlll Illlll III IIIll IIII Illl 422127 0g/~.8/1998 11:351~ RESOLUTZ DI:IVI$ $ZLVZ 2 cf* 4 R 21.08 D 0.00 N 8.88 PZTKZN COUNTY CO 13. All utility meters and any new utility pedestals or transformers must be installed on the applicant's property and not in any public right-of-way. Easements must be provided for pedestals. All utility locations and easements must be delineated on the final plat. Meter locations must be accessible for reading and may not be obstructed; 14. A new title policy for the Ferguson Subdivision, Lot 3, must be submitted prior to building permit; 15. Additional information about the chain of title and the prior approvals regarding the open space reservation must be provided prior to building permit; 16. The applicant will grant a utility easement along the westerly side of proposed Lot A and will work with the adjacent owners (Robinson) to attempt to get agreement to relocate two spruce trees onto Robinson's property instead of within the propose water easement alignment. Division of costs for extension of the ~vater distribution system will need to be negotiated with the City Water Dept.; 17. The proposed development will need to construct a main line extension of the sanitary sewer system and provide individual sewer service lines to each individual building. 18. The site plan should include areas for trash and recycling containers and for on-site snow storage; 19. The Robinson Rd. access way, as proposed, is too narrow to be dedicated to the public and should remain a private access way and common utility easement as previously dedicated in the Ferguson Subdivision Exemption; 20. The applicant will need. to provide a letter of clearance regarding addressing from Pitkin County and copies of postal receipts verifying the deliver of notice to all utility companies, all owners of property fronting on or served by Aene Park, the Aspen Post Master, Pitkin County, and the City of Aspen; 21. The parking spaces located between Units G & J need to be widened to 8.5 ft wide (minimum) and should have a barrier curb or planting median separating these spaces from the access driveway. Unassigned parking spaces should conform to city and ADA standards in size, number, accessibility, and slope; 22. The developer will need to provide plans in the construction, plans submitted for the building permit(s) which include: staging and mitigating traffic, hauling and delivery routes; vehicle parking; equipment and materials staging areas; temporary drainage, erosion and sedimentation control during construction, and provision of temporary utilities; 23. The developer will be responsible to provide temporary utility and drainage services to the site and neighboring properties which may be impacted by disruption of utilities during construction; 24. The applicant will secure ail permits required by CDOT prior to commencing work (relocation of the existing fire hydrant) and will follow the most stringent permit requirements if the requirements of any permits differ; 25. For purposes of operation, maintenance and administration, each d~velling unit will need to have separate utility services, metering and isolation valves and switches; 26. The property owner is required to join any future improvement districts formed for the purpose of constructing public improvements which benefit the property under an assessment formula. The agreement would be executed and recorded concurrent with recording the subdivision plat; 27. Given the continuous problems of unapproved work and development in public rights- of-way and easements, we advise the applicant as follows: I IIIIII IIIII IIIIII IIIIII Ill Illlll IIIIll III IIIII IIII IIII 422127 09/18/1998 11:351:1 RESOLUT! DRVIS SILV! 3 o~ 4 R 21.00 D 0.00 N 0,00 PITK?N COUNTY CO · The applicant must receive approval from: City Engineering (920-5080) for design of improvements, including landscaping and grading, within public rights-of-way; · Parks Department (920-5120) for vegetation species and placement, and irrigation systems; · Streets Department (920-5130) for mailboxes, street and alley cuts; and · permits for any work or development, including landscaping, within public rights-of-way from the City Community Development Department (920-5090); 28. Unless the property owner can provide documentation verifying his water rights in this irrigation ditch, the property owner should establish a raw water lease agreement with the City Water Department for use of a portion of the City's water allocation in the Riverside irrigation ditch for purposes of irrigation; 29. The Ferguson Subdivision Exemption plat s.h,~ows an eight (8) ft. wide easement centered on the ditch ftowhne. U~ sgn~e ~thk/~entat~on is presented to substantiate another dimensma, 0n ~ffht (8~} 'g. w~9 ea~ment mil be statable for this ditch easement 30. The applicant shall record ~l~gi:fig~ arid.¢~)nl, ~g Re~l ~u~q~ ~, ,~,. ~ w~th the County Clerk and Recorder, 31. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. APPROVED by the Commission at its regular meeting on May 19, 1998. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City' Sh~'Garton, Chair ATTEST: ckie Lothian, I~ept~ty City ~l~'~k I Illlll IIIII Illlll Illlll Ill Illlll IIIIII Ill Illll Illl IIII 422127 89/18/1998 11:3511 RESOLUT! DRVZ$ SILV! 4 o¢ 4 R 21.00 D 0.00 N 0.00 PITKZN COUNTY CO