HomeMy WebLinkAboutresolution.apz.009-00 RESOLUTION NO. 09
(SERIES OF 2000)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION RECOMMENDING APPROVAL OF THE SPECIAL REVIEW TO
INCREASE FLOOR AREA RATIO TO 1:1, SPECIAL REVIEW FOR PARKING,
AND RESIDENTIAL DESIGN STANDARD VARIANCES FOR SECONDARY
MASS AND LIGHTWELLS, LOTS 17 AND 18, BLOCK 28, 728 E. HOPKINS
AVENUE, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, the Community Development Department received an application
from Buzz Dopkin (AppIicant) for Special Review approval to ~ncrease the Floor Area
Ratio (FAR) from 0.75:1 to 1:1; Special Review approval for Parking for affordable
housing units, and Residential Design Standard variances from the secondary mass and
lightwell standards, located at Lots 17 and 18, Block 28, 728 E. Hopkins Avenue, City
and Townsite of Aspen, Colorado; and,
WHEREAS, the subject property is approximately 6,000 square feet, and ~s
located in the Office Zone District; and,
WHEREAS, pursuant to Section 26.515.010 of the Land Use Code, requirements
for affordable housing parking may be established through the special review process,
and the Applicant is proposing zero on site parking spaces for the two (2) affordable
housing units; and,
WHEREAS, pursuant to Section 26.710.180(D)(I0) of the Land Use Code, FAR
may be increased in the Office Zone District from 0.75:1 to 1:1 if sixty (60) percent of
the additional floor area is be approved for residential use restricted to affordable
housing, and the Applicant has proposed 1,667 square feet for the affordable housing
units, exceeding the 900 square feet required by this section; and,
WHEREAS, pursuant to Section 26.410.020 of the Aspen Municipal Code,
Community Development Department staff reviewed the applicant's application for
compliance with the Residential Design Standards of Section 26.410.040 of the Aspen
Municipal Code and found the submitted development application to be inconsistent with
Standard 26.410.040(B)(1), Secondary Mass. and Standard 26.410.040(B)(4), Lightwells,
of the Aspen Municipal Code; and
WHEREAS, pursuant to Section 26.410.020(B) of the Aspen Municipal Code,
the applicant submitted requests to the Design Review Appeal Board for two (2)
variances from Standard 26.410.040(B)(1) of the Aspen Municipal Code as it applies to
the seconary mass, and from Standard 26.410.040(B)(4) of the Aspen Municipal Code as
it applies to the lightwells on the Sotith Original Street facin~ facade; and,
WHEREAS, all applications for appeal from the Residential Design Standards of
Section 26.410.040 must meet one of the following review standards in order for the
Design Review Appeal Committee or other decision making administrative body to grant
an exception, namely the proposal must:
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a) yield greater compliance with the goals of the Aspen Area Community Plan;
b) more effectively address the issue or problem a given standard or provision
responds to; or
c) be clearly necessary for reasons of fairness related to unusual site specific
constraints; and
WHEREAS, the Fire Marshall, Aspen Consolidated Sanitation District, the City
Water Deparunem, City Engineering, City Parks Depanmem, the Aspen/Pitkin County
Housing Authority, and the Community Developmem Depamnent reviewed the Project
and recommended approval with conditions; and,
WHEREAS, during a duly noticed public hearing on February 15, 2000, the
Planning and Zoning Commission recommended, by a five to zero ( 5 - 0 ) vote, approval
of the Resident Multi-Family Replacement proposal, Special Review to increase FAR to
1:1, Special Review for Parking, and Residential Design Standards variances for
secondary.mass and lightwells, with conditions contained herein; and,
WlIEREAS, the Aspen Planning and Zoning Colmnission 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 at a public hearing; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that the
development proposal meets or exceeds all applicable development standards and that the
approval of the developmem proposal, with conditions, is consistent with the goals and
elements of the Aspen Area Community Plan; and,
WltEREAS, the Aspen 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 TI-IE CITY OF ASPEN
PLAiN'NING AND ZONING COMMISSION as follows:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Special Review to increase the Floor Area Ratio (FAR) from 0.75:1 to 1:1; Special
Review for Parking for affordable housing units, and Residential Design Standard
variances from the secondary mass and lightwell standards, is approved subject to the
conditions of approval described hereinafter.
1. The building permit application shall include:
a. A copy of the final recorded Aspen Planning and Zoning Commission resolution.
b. The conditions of approval printed on the cover page of the building permit set.
c. A current Site Improvement Survey indicating the nature of all easements of
record indicated on the property title commitment.
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d. An illustrative site plan of the project showing the proposed improvements,
landgcaping, parking, and the dimensional requirements as approved.
e. A drawing representing the project's architectural character.
f. A drainage plan, including an erosion control plan, prepared by a Colorado
licensed Civil Engineer which maintains sediment and debris on-site during
and after construction. Ifa ground recharge system is required, a soil
percolation report will be required to correctly size the facility. A 2-year
storm frequency should be used in designing any drainage improvements.
g. A completed tap permit for service with the Aspen Consolidated Sanitation
District. The existing residential improvements located on the subject
property are currently serviced by the District. The proposed demolition and
redevelopment will require either two new service lines or a single sermce
line (ofa capacity approved by the District's line superintendenf). A shared
service line agreement will be required to be completed. The plans show a
driveway from the alley coming into the garage. The surface elevation of the
alley cannot be changed due to the fact that the District has minimal cover
over the public sewer line in this area. Fees must be paid prior to the
issuance of building permits. Service is contingent upon compliance with the
District's rules, regulations, and specifications.
h. A tree removal permit as required by the City Parks Department and any
approval from the Parks Department Director for off-site replacement or
mitigation of removed trees. The survey does not show any existing
vegetation. However, after a site inspection of the property, there are a few
existing Cottonwoods that may be impacted by the redevelopment of the
property. If the basement will be reconstructed also, then the large
cottonwood at the southwest corner of the lot must be protected during
construction with construction fencing placed at the dripline of the tree. If
other trees are impacted by development then a tree removal permit may be
required prior to applying for a building permit. The applicant should also
include landscaping in the right-of-way as part of the development.
i. A completed curb, gutter, and sidewalk agreement.
I) All streets and access roads need to have curb and gutter upgrades that comply
with City of Aspen standards.
2) All streets and access roads need to have sidewalks that comply with City of
Aspen standards.
j. A completed agreement to join any future improvement districts formed for
the purpose of constructing improvements in adjacent public rights-of-way.
k. a completed and recorded deed restriction on the affordable housing units on
the property, a form for which may be obtained from the Housing Office. The
deed restriction shall be noted on the building permit plans.
2. The building permit plans shall reflect/indicate:
a) Conformance with all aspects of the City's Residential Design Standards, unless
variances have been granted.
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b) All dwelling units will contain a kitchen (having a minimum of a two-burner
stove with oven, standard sink, and a 6-cubic foot refrigerator plus freezer) and a
bathroom (having a minimum of a shower, sink, and a toilet).
c) All free market units shall provide one (1) off-street parking space ~n a garage; the
building permit plans shall indicate the designated parking spaces for each unit.
d) The dwelling units meet all applicable UBC requirements for light and air.
e) An overhang shall cover each units' entrance designed to prevent snow and ice
from falling on, or building-up on, the entrance. Snowmelt may also be used to
prevent snow and ice from falling on, or building-up on, the entrance to each unit.
f) Conformance with the City's requirements for driveways. Driveways must be
separated by 25 feet or more ('mcluding neighboring driveways), and must be paved
from the edge of the street to the property line. Paving alternatives may be approved
by the City Engineer.
g) A fire suppresmon system if the gross square footage of the structure exceeds 5,000
square feet.
h) A five (5) foot wide pedestrian usable space with a five (5) foot wide buffer for
snow storage at the edge of the street paving.
3. No more than four persons shall provide at least one bathroom for shared use.
4. A kitchen facility or access to a common kitchen shall be provided.
5. Prior ~o issuance of a building permit:
a. The primary contractor shall submit a letter to the Community Development
Director stating that the conditions of appreval have been read and understood.
b. All tap fees, impacts fees, and building permit fees shall be paid. If an
alternative agreement to delay payment of the Water Tap and/or Parks Impact
fee is finalized, those fees shall be payable according to the agreement.
6. No excavation or storage of dirt or material shall occur within tree driplines.
7. ' All construction vehicles, materials, and debris shall be maintained on-site and
not within public rights-of-way unless specifically approved by the Director of
the Streets Department. All vehicle parking, including contractors' and their
employees', shall abide by the 2 hour residential parking limitation of the area.
The applicant shall inform the contractor of this condition.
8. The applicant shall abide by all noise ordinances. Construction activity is limited
to the hours between 7 a.m. and 7 p.m.
9. Prior to issuance ora Certificate of Occupancy or Certificate of Completion for
the employee units, a member of the AsperffPitkin County Housing Authority
shall inspect the units to detennine if the units comply with the representations
made in the application.
10. Before issuance of a building permit, the applicant shall record the Planning and
Zoning Resolution with the Pitkin County Clerk and Recorder located in the
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Courthouse Plaza Building. There is a per page recordation fee. In the alternative,
the applicant may pay this fee to the City Clerk who will record the resolution.
11. The £mal deed restriction be brought to the Housing Board for final input and
approval. The deed restrictions for the two (2) affordable housing units shall
comply with the Housing Board's final recommendation.
12. The two (2) bedroom affordable housing unit shall be deed restricted to Category
4, and the one (1) bedroom affordable housing unit shall be deed restricted to
Category 2.
13. The applicant shall not track mud onto City streets during construction. A
washed rock or other style mud rack must be installed during construction.
14. The applicant should provide separate utility taps and meters for each residential
unit.
15. 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 site improvement survey. Meter locations must be accessible for reading
and may not be obstructed.
16. The applicant must receive approval for any work within public rights-of-way
from the appropriate City Department. This includes, but is not limited to,
approval for a mailbox and landscaping from the City Streets Deparunem.
17. 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.
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.
Section 3:
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.
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Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent prowsion and shall not affect the
validity of the remaining portions thereof.
INTRODUCED, READ AND ORDERED PUBLISHED as provided .bt~ law,
by the Planning and Zoning Commission of the City of Aspen On the 15 day of February,
2000.
APPROVED by the Commission at its regular meeting on February 15, 2000.
APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION:
City ~rtomey ¥ Robert Blaich, Chair
ATTEST:
, Deputy City Clerk
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