HomeMy WebLinkAboutresolution.apz.006-02 RESOLUTION No. 6
SERIES OF 2002
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMISSION
RECOMMENDING APPROVAL OF THE FINAL PLANNED UNIT
DEVELOPMENT APPLICATION INCLUDING SUBDIVISION,
CONDOMINIUMIZATION, MOUNTAIN VIEW PLANE, SPECIAL REVIEW,
GROWTH MANAGEMENT QUOTA EXEMPTIONS (GMQS), 8040
GREENLINE REVIEW, AND REZONING FOR THE TOP OF MILL SITE TO
LODGE / TOURIST RESIDENTIAL PUD AND CONSERVATION, LOT 3 OF
THE ASPEN MOUNTAIN PUD, CITY AND TOWNSITE OF ASPEN, PITKIN
COUNTY, COLORADO
PARCEL NO. 2737-182-85-003
WHEREAS, the Community Development Department received an application
from Top of Mill Investors, LLC c/o Four Peaks DevelOpment, LLC (Applicant),
represented by Vann Associates, requesting Final Planned Unit Development (PUD)
approval for Lot 3 of the Aspen Mountain PUD (hereinafter "AMPUD"); and
WHEREAS, Top of Mil1 Investors, LLC c/o Four Peaks Development, LLC
requested specific land use approvals as part of the Final PUD including Final PUD
Development Plan, Subdivision, Condominiumization, Mom~tain View Plane, Special
Review, GMQS Exemption, 8040 Greenline Review, and Rezoning; and
WHEREAS, Savanah Limited Partnership, owner at the time of Lot 3 of
AMPUD, received Conceptual PUD approval from City Council for AMPUD on
December 6, 1999 which is memorialized through Resolution No. 93, Series of 1999; and
WHEREAS, Top of Mill Investors, LLC, received an Amended Conceptual
Approval from City Council for Lot 3 AMPUD on May 29, 2001 Which is memorialized
through Resolution No. 50, Series 2001; and
WHEREAS, the Housing Office, the City Zoning Officer, the City Engineer, the
Parks Department, Aspen COnsolidated Sanitation District, the Environmental Health
Department, the City Fire Department, the City Streets Department, the City Parking
Department, the City Water Dep~rtment, and the City Electric Department reviewed the
development proposal for Lot 3 and provided written referral comments as a result of the
Development Review Committee meeting; and
WHEREAS, the Applicant appropriately applied for specific land use approvals
pursuant to the June 1996 reprint of Title 26, Land Use Regulations, of' the 1995 Aspen
Municipal Code for the Final PUD for Lot 5 AMPUD including Final PUD Development
Plan, Subdivision, Condominiumization, Mountain View Plane, SpeCial Review, Growth
Management Quota Exemptions, 8040Greenline Review, and ReZ0ning; and
,... WHEREAS, pursuant to Section 26.304.060 of the Land Use Code, and in
~ consultation with the applicant, the Community Development Director has permitted a
modification in review procedures to combine the Condominiumization. Mountain View
Plane. Special Review. and 8040 Greenline Review with the Planned Unit Development,
Subdivision, and Growth Management Quota Exemptions review for the purposes of
ensuring economy of time and clarity; and
WHEREAS, such review procedure modification has not lessened any public
hearing noticing or any scrutiny of the project as would otherwise be required; and,
WHEREAS, upon review of the application, referral comments, and the
applicable Land Use Code standards, the Community Development Director
recommended approval of the Final Aspen Mountain PUD land use requests for Lot 3
with conditions; 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 City of Aspen PlarmSng and Zoning Commission finds 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
WHEREAS, the Planning and Zoning Commission forwarded a recommendation
of approval to the City Council, by a vote of four to one (4 - 1), Final PUD Development
Plan, Subdivision, Condominiumization, Mountain View Plane, Special Review, GMQS
Exemption, 8040 Greentine Review, and Rezoning for Lot 3 AMPUD; and
WHEREAS, this Resolution No. 6, Series of 2002, as adopted, incorporates all the
relative and applicable conditions of approval formerly contained in Resolution No. 93,
Series of 1999 granting Conceptual PUD Approval to Lot 3 AMPUD by City Council and
Resolution No. 50, Series of 2001 granting Amended Conceptual PUD Approval to Lot 3
AMPUD by City Council thereby allowing this resolution to supersede those resolutions
regarding the conditions of approval as stated herein; and I
WHEREAS, the City of 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 PLANNING AND ZONING
COMMISSION OF THE CITY OF ASPEN, COLORADO ON THIS 5Tn DAY OF
FEBRUARY 2002, THAT:
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Section 1
Pursuant to this resolution and consistent with condition no. 3. of Resolution No. 93.
Series of 1999, the Planning and Zoning Commission recommends City Council approve
the allowable FAR for each Lot 3 and allocated as shown in the matrix below.
Parcel 1 27,000 square feet of FAR
Parcel 2 8,000 square feet of FAR
Parcel 3 9,000 square feet of FAR
Parcel 4 6,200 square feet of FAR
Parcel 5 5,200 square feet of FAR
Parcel 6 5,200 square feet of FAR
Parcel 7 6,500 square feet of FAR
Parcel 8 6.500 square feet of FAR
Parcel 9 No FAR shall be allocated to this parcel.
Section 2
Pursuan! to the procedures and standards set forth in Title 26 of the Aspen Municipal
Code, the requests for the Final PUD including Final PUD Development Plan,
Subdivision, Condominiumization, Mountain View Plane, Special Review, GMQS
Exemption. 8040 Greenline Review. and Rezoning for Lot 3 of the Aspen Mountain PUD
is recommended for approved with the following conditions stated herein.
1. The development shall comply with the most recent municipal engineering practice
standards and the "Best Management Practices" (BMPs) identified for water quality
control requirements.
2. The Applicant shall meet with the Housing Authority Staff to readdress the type of units
of the four (4) deed-restricted multi-family housing units on Parcel 2 to see if one or both
of the duplex units could be converted into one-bedroom and/or two-bedroom type units
while still meeting the bedroom and square footage requirements under the Multifamily
Housing Replacement Program and the other requirements stated in the Code
(specifically the parking requirement). Should it not be possible to change the unit type,
Staff would recommend that the applicant meet with Housing Authority Staff to maintain
the average of the Category 2, but to price one of the three bedroom units between
Category 1 and 2, and to price the 4-bedroom unit between Category 2 and 3, and market
as a Category 3.
3. Three of the units on Parcel 2 shall be distributed and sold under the general lottery
through the Housing Office. The Applicant shall be able to choose a buyer for one of the
units. However, the buyer must be a fully qualified employee u~der the category for the
unit chosen by the applicant; i.e., the potential buyer must meet income and asset
requirements, meet minimum occupancy, not own any other property in the Roaring Fork
Drainage System, and have worked in Pitkin County 1500 hours per year for the last four
years.
4. The Applicant shall submit Infrastructure and Removal of Fill Material Permits for Lot 3
AMPUD within 30 (30) days after recordation of all Final PUD documents. The
Applicant may submit building permit applications at the Applicant's discretion, but no
sooner than the issuance of a building permit for the Bavarian Inn affordable housing
project. The Applicant shall be eligible for a Certificate of Occupancy for the free market
multi-family units on Parcel i only after a Certificate of Occupancy has been issued for
the affordable housing units on Parcel 2. The Applicant shall be eligible for a Certificate
of Occupancy for the Free Market Duplex on Parcel 3 and the single-family units to be
constructed on Parcels 4, 5, 6, 7, and 8 no sooner than the receipt of a Certificate of
Occupancy for an on-site accessory dwelling unit or upon the full payment of the
applicable affordable housing impact fee.
5. The accessory dwelling units (for Parcels 4 - 8) shall abide by the regulations in the Land
Use Code in effect at the time of building permit application and further defined in the
Aspen/Pitkin County Housing Guidelines. Should an accessorY dwelling unit not be
provided on Pm'cels 4 through 8, a payment-in-lieu fee shall be provided in the amount
required in the Guidelines at the time of building permit approval.
6. At the time of Certificate of Occupancy, a site visit shall be conducted on the deed-
restricted units.
7. Since the "for-sale" affordable housing units are to be developed on a separate parcel,
Parcel 2, a separate homeowner's association shall be established for the affordable
housing portion of the development.
8. The Applicant shall include appropriate language in the Final PUD Agreement for Lot 3
~ . and it's associated condominium documentation regarding the separate homeowner's
association for Lot 3 (to be reviewed and approved by Staff) that ensures that the four (4)
"for-sale" affordable housing units, to be developed on Parcel 2, shall comply with the
representations made in the application, adhere to the conditions of this Final PUD
Approval, and comply with the required deed restrictions as administered by the Aspen /
Pitkin County Housing Author/ty so that the owners of said units shall not be unduly
burdened by a disproportionate sham of responsibilities associated with the master
homeowner's association or other homeowner associations established for the free market
residences on Lots 1 and 3 - 8. :
9. The Applicant shall submit erosion control plans including potential natural resource
protection structures and a detailed plan for irrigation systems and other plantings with in
the City of Aspen fight of way to the Parks Department for approval prior to the
application of building permits.
10. The Applicant shall construct the "Aspen Mountain Trail" which traverses the adjacent
Open Space Parcel "B" according to City of Aspen standards during the completion of
this project. This trail improvement shall meet engineering specifications as defined by
the City of Aspen Parks Department including a crusher fines trail surface, a width of
four feet, a trail sign located at the entrance of each trail identifying trail name and public
access, and the sign shall be designed and built to match the character of the
neighborhood. The Applicant shall submit a detailed plan for trail design and drainage.
Parks Department requests the applicant field stake the trail. The Applicant shall be
required to ha~e the trail improvement completed and inspected 'to the satisfaction of the
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Parks Department prior to the receipt of a Certificate of Occupancy for the free market
triplexes on Parcel 1.
11. The Applicant shall formally establish the Top of Mill Trail across Lot 3 AMPUD. This
trail shall have a legal description, be shown on the Final Plat, and be dedicated/conveyed
to the City of Aspen. Further, the Applicant shall memorialize in the Final PUD /
Subdivision Agreement for Lot 3 and associated condominium documentations, the
obligation by the master homeowner's association or Applicant tO improve the eastern
portion of the Top of Mill Trail, at such time the connection is realized, pursuant to the
Parks Department's design criteria. If the trail has not been improved to the satisfaction
of the Parks Department within 5 years of the recordation of the Final Plat for AMPUD
Lot 3, the master homeowner's association for Lot 3 shall make a cash payment to the
City of Aspen equal to a sum defined by the Parks Department for the improvement of
the trail.
12. The Applicant shall install fire sprinklers and alarm systems in all the proposed buildings
on Lot 3 as required by the City of Aspen Fire Marshal. The Applicant shall use
appropriate "booster pumps" (if required) rather than pressure tanks for the sprinkler
system to gain the necessary water pressure as required by the City Fire Department. In
addition, the Applicant shall submit a fire safety plan for the demolition of the existing
structures and the construction of the proposed development of Lot 3to the Engineering
Department at the time of building permit application.
13. The Applicant shall execute a ~'Line Extension Re~luest" and a "Collection System
Agreement" with ASCD prior to building permit application. In addition, forty percent
(40%) of the estimated total connection fees must be paid to ACSD by the applicant for
service lines that are to be stubbed off the main line into the Specific parcels of this
development.
14. The Applicant shall be required to show to the Aspen Consolidated Sanitation District all
service locations at the station numbers on the final utility plans for this development.
Prior to building permit application. Additionally, the Applicant shall indicate to the
Aspen Consolidated Sanitation District if main line easements ~n the ROW are to be
dedicated by plat or by description.
15. The Applicant shall record the approved condominium subdivision plat for Parcels 1, 2,
and 3 of AMPUD Lot 3 in the Office of the Pitkin County Clerk and Recorder within one
hundred eighty (180) days of its approval by the Community Development Director.
Failure on the part of the applicant to record the plat within one hunth'ed eighty (180)
days following approval by the Community Development Director shall render the plat
invalid and a new application and approval will be required.
16. The Applicant shall record a PUD Agreement and the Final PUD Plans within 180 days
of the final approval by City Council with the Pitkin County Clerk and Recorder binding
this property to this development approval.
17. The development of the free market single-family dwellings proposed for Parcels 4 - 8 of
AMPUD Lot 3 shall be subject to a site and design specific 8040 Greenline Review prior
to their development. These Parcels shall only be required to respond to review standards
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26.68.030 (C)(3) and 26.68.030 (C)(7); this resolution recommends approval for Parcels
4- 8 regarding 8040 Greenline Review Standards 26.68.030 (C)(1, 2, 4, 5, 6, 8, 9, 10, and
11) thereby precluding any further review of the same standards as indicated.
18. The Applicant shall pay the required School Land Dedication Fee to the City of Aspen,
which is due and payable at the time of building permit application for the development.
This fee shall be assessed at the rate of the regulations and calculations in effect at the
time of the building permit application.
19. The Applicant shall pay the required Park Development Impact Fee to the City of Aspen,
which is due and payable at the time of building permit application for the development.
This fee shall be assessed at the rate of the regulations and calculations in effect at the
time of the building permit application.
20. The Applicant shall record the appropriate deed restrictions for Parcel 9, containing the
six-space enclosed parking garage, requiring that the lot remain for parking purposes only
as part of the Summit Place Condominiums project.
21. It is understood that upon approval of this Final PUD, all remaining residential credits
associated with the Aspen Mountain PUD are hereby extinguished.
22. The Applicant shall be required to submit detailed "cut sheets" for'the proposed lights on
Lot 3 AMPUD indicating the correct lumens on the lighting plan as part of the detailed
building set to be examined during building permit review.
23. The Applicant shall work closely with the City of Aspen Engineering Department to
ensure the access point from Parcel I on Lot 3 adequately provides for a left turn onto
South Mill Street.
24. While the development proposal meets virtually all of the proposed underlying L/TR and
Conservation zone districts' dimensional requirements, this resolution recommends
approval for varying the following dimensional requirements:
a. Maximum Lot Size for Parcel 3 is 15,598 sq. ft.
b. Maximum Lot Size for Parcel 4 is 12,182 sq. ft.
c. Maximum Lot Size for Parcel 5 is 10,416 sq. ft.
d. Maximum Lot Size for Parcel 6 is 10.232 sq ~.
e. Maximum Lot Size for Parcel 7 is 17,914 sq. ft.
f. Maximum Lot Size for Parcel 8 is 19,048 sq. ft.
g. Minimum Lot Size for Parcel 9 is 2,794 sq. ft.
h. Minimum Lot Size for Open Space Parcel B is 49,219 sq. ft.
i. Minimum Front Yard Setback for Parcel 9 is 8 feet
j. Minimum East Side Yard Setback for Parcel 9 is 3 feet
k. Minimum West Side Yard Setback for Parcel 9 is 3 feet
1. Minimum Rear Yard Setback for Parcel 9 is 3 feet
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Section 3
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 plan development approvals and the same shall be complied with as if
fully set forth herein, unless amended by an authorized entity.
Section 4
This Resolution (Resolution No. 6, Series of 2002) 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 5
If any section, subsection, sentence, clause, phrase, or portion of this Resolution (Resolution
No. 6, Series of 2002) 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.
Section 6
A public hearing on this ResOlution was held on the 15th day of January and continued to
February 5, 2002 at 4:30 in the Sister Cities Room, Aspen City Hall, Aspen Colorado, fifteen
(15) days prior to which hearing a public notice of the same was published in a newspaper of
general circulation within the City of Aspen.
,
APPROVED by the Commission at its regular meeting on January 15, continued to
February 5, 2002.
APPROVED AS TO FORM: PLANNING AND ZONING
COMiS~ISSION:
City'Attorney ¥ asn4~e-Tygre, Chair
ATTEST:
c~ie Lothian, Dtputy City Clerk