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HomeMy WebLinkAboutresolution.apz.031-00 RESOLUTION NO. 31 (SERIES OF 2000) A RESOLUTION OF TRE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING A CONDITIONAL USE FOR AFFORDABLE HOUSING AND GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) EXEMPTION FOR LODGE PRESERVATION~ AND RECOMMENDING APPROVAL TO CITY COUNCIL OF TIlE BOOMERANG LODGE MINOR PLANNED UNIT DEVELOPMENT, REZONING TO R-15 MODERATE DENSITY RESIDENTIAL WlTII PLANNED UNIT DEVELOPMENT AND LODGE PRESERVATION OVERLAY ZONE DISTRICTS, AND GMQS EXEMPTION FoR AFFORDABLE ItOUSING, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-124-66-001 WHEREAS, the Community Development Department received an application from Charles and Fonda Patterson, owners, represented by Sunny Vann of Vann Associates, LLC, and Haas Land Planning, LLC, for Conditional Use approval for affordable housing, Growth Management Quota System (GMQS) Exemptions for lodge preservation and affordable housing, a Minor Planned Unit Development (PUD), Rezoning to Moderate Density Residential, R-15, with Planned Unit Development and Lodge Preservation Overlay Zone Districts for a property consisting of portions of Lots A-I, Block 32, City and Town Townsite of Aspen; and, WI-IEREAS, the subject property is approximately 19,287 square feet, and is located in the R-15 Zone District; and, WHEREAS, pursuant to Section 26.310 of the Land Use Code, the City Council may approve Amendments to the Official Zone District Map after taking and considering recommendations from the Community Development Director, the Planning and Zoning Commission made at a duly noticed public hearing, and taking and considering public testimony at a duly noticed public hearing; and, WltEREAS, pursuant to Section 26.445, the City Council may approve a Planned Unit Development, during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WIIEREAS, the Community Development Director recommended denial of the rezoning and Minor PUD, finding that the PUD dimensional requirements for on-site parking have not been met; and, WHEREAS, pursuant to Section 26.425.040, the Planning and Zoning Commission may approve a Conditional Use during a duly noticed public hearing after considering a recommendation from the Community Development Director, comments from the general public, and recommendations from relevant referral agencies; and, WHEREAS, the Community Development Director recommended approval of the Conditional Use for affordable housing; and, WHEREAS, pursuant to Section 26.470.070(J), the City Council may approve a GMQS Exemption for affordable housing after considering a recommendation from the AsperffPitkin County Housing Authority; and, WHEREAS, during a duly notice public hearing on April 19, 2000, the AsperffPitkin County Housing Authority recommended approval of the GMQS Exemption for affordable housing; and, WHEREAS, pursuant to Section 26.470.070(M), during a duly noticed public hearing, the Planning and Zoning Commission may approve a GMQS Exemption for lodge preservation after considering a recommendation from the Aspen/Pitkin County Housing Authority and Community Development Director; and, WHEREAS, the AsperffPitkin County Housing Authority recommended approval finding that the affordable housing mitigation requirements were met, and the Community Development Director recommended denial finding that the parking standards were not met; and, WltEREAS, during a duly noticed public hearing on June 6, 2000, the Planning and Zoning Commission approved this resolution, by a__ to __ ~-_) vote, approving a conditional use for affordable housing and GMQS Exemption for lodge preservation, and recommending City Council approve the Boomerang Lodge Minor PUD, Rezoning to R- 15/PUD/LP, and GMQS Exemption for affordable housing; and, WHEREAS, the Aspen Planning and Zoning Commission 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 fmds that the development proposal meets or exceeds all applicable development standards and that the approval of the development 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 THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1 The conditional use for affordable housing in the Lodge Preservation Overlay Zone District is approved with the following condition: 1. The Aspen City Council approves the rezoning for the subject property to R- 15/PUD/LP. Section 2 The GMQS Exemption for lodge preservation is approved. Section 3 That the Boomerang Lodge expansion to Parcel Number 2735-124-66-001 to include six detached buildings, including five (5) chalets, and sixth building containing two (2) affordable housing units, two (2) 1-bedroom lodge units, and a bathhouse, is approved, subject to the following conditions, and that the Aspen City Council should approve rezoning the subject property to R-15/PUD/LP, the GMQS Exemption for affordable housing, and Minor PUD: 1. A PUD Agreement shall be recorded within 180 days of the final approval by City Council and shall include the following: a. The information required to be included in a PUD Agreement, pursuant to Section 26.445.070(C). b. An agreement to enter into a future lease agreement for on-street parking spaces for guests of the lodge, if necessary. 2. A Final PUD Plan shall be recorded within 180 days of the final approval granted by City Council and shall include: a. A final plat meeting the requirements of the City Engineer and showing easements, encroachment agreements and licenses with reception numbers for physical improvements and parking spaces within City rights-of-way, and location of utility pedestals. b. An illustrative site plan of the project showing the proposed improvements, landscaping, parking, and the dimensional requirements as approved. c. A drawing representing the project's architectural character. d. 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. e. Two (2) designated on-site parking spaces for the affordable housing units either on the existing Boomerang Lodge site at 500 West Hopkins Avenue or across West Hopkins Avenue on the site of the expanded lodge and affordable housing units. 3. The PUD Agreement and the Final PUD Plans shall be recorded with the Pitkin County Clerk and Recorder. 4. The building permit application shall include: a. A copy of the final Ordinance and recorded P&Z Resolution. b. The c°nditions of approval printed on the cover page of the building permit set. c. A completed tap permit for service with the Aspen Consolidated Sanitation District. d. 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. e. A completed curb, gutter, and sidewalk agreement, if necessary. f' A c°mpleted agreement to join any future improvement districts formed for the purpose of constructing improvements in adjacent public rights-of-way. 5. The building permit plans shall demonstrate an adequate fire sprinkler system and alarm system for the new buildings. 6. Prior to issuance ora building permit: a. The primary contractor shall submit a letter to the Community Development Director stating that the conditions of approval 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. 7. N° excavation or storage of dirt or material shall occur within tree driplines or outside of the approved btdlding envelope and access envelope. 8. 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. 9. The applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m. 10. The applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction. 11. All uses and construction shall comply with the City of Aspen Water System Standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. 12. The Applicant or owner shall mitigate any public impacts that this project causes, including but not limited to utility expenses and sanitary sewer and water lines. 13. A fugitive dust control permit will be required during construction. 14. SloPe stabilization, erosion control, and sediment control measures need to be implemented before, during, and after construction. 15. The Parks Department shall approve the locatiOn of the proposed sidewalk to ensure that it does not conflict with future trail plans in the area. 16. Construction on the affordable housing units shall begin no later than 36 months after the completion of the three (3) chalets on the eastern portion of the lot. If the construction dOes not begin on the two affordable housing units within this time frame, the applicant shall pay the cash-in-lieu fee at the then current rates to mitigate for 3.5 employees at the Category 3 level. Section 4: 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 5: This Resolution 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. Section 6: 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. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the Planning and Zoning Commission of the City of Aspen on the 6th day of June, 2000. APPROVED by the Commission at its regular meeting on June 6, 2000. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: C'i'ty Attorne~y - -- ~/ Robert Blalch, Chair -> ATTEST: