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HomeMy WebLinkAboutresolution.apz.022-02 SILVIA DAVZB PITKIN COUNTY CO ~ 41,ee D e,ee ~SOLUTION No. 22 SE~ES OF 2002 A ~SOLUTION OF THE ~TY OF ASPEN PL~NG AND ZONING COMMISSION ~COMMENDING CI~ COUNCIL APPROVE A CONSOLIDATED CONCEPTU~ / ~N~ PLANNED UNIT DE~LOPMENT, SUBDIVISION E~MPTION, ~ZONING TO AH~UD, 8040 G~ENLINE, GMQS EXEMPTION, SPECI~ ~VIEW AND W~R OF THE ~SIDENTi~ DESIGN STUD--S FOR THE LITTLE AJ~ AFFO~ABLE HOUSING PRO. CT LOCATED ON THE 600 BLOCK OF HOP~NS AVENUE Parcel No. 2 73 ~-124-00-003 WHE~AS, the Community Development Director received an application 5om Aspen GK, LLC, owner, represented by Joe Wells, for a Consolidated Conceptual / Final Plied Unit Development approval for an affordable housing projec~ at ~e 600 block of Wes~ Hopkins Avenue, City of Aspen; ~d WHE~AS, ~e owner ren~ed the pro~ect which received Conc~tual Pl~ed Unit development approval ~om '~ew West Hopkins Affordable housing Project" to "Little Ajax Affordable Housing Project" for this Consolidated Conceptu~ ~d Final P~; ~d WHE~AS, the o~er of the "Little Ajax Affordable Housing Project" requests additional land use approvals including Sub.vision Ex~ption, Rezo~ng to ~UD, 8040 ~een line Review, GMQS Exemptions, Residenti~ Desi~ St~d~ds Renew, ~d Special Review as p~ of the Plied Unit Development review for this project; and WHE~AS, the subject prope~y is approximately 53,187 sq. ft.~is located pa~ially m · e City of Aspen ~d pa~ially in Plain Cowry, and is located in the R-15 zone dis~ct fo~ both j~sdictions; ~d ~E~AS, the Comm~i~y Developmem Director dete~ined that this Consolidated Conceptual ~d Final P~ shall effectively se~e as the Fi~al Plied Unit Development for this project because of a si~ific~t co~ity interest which the project would se~e and that the fo~-step P~ process would be red~dant ~d se~e no public p~ose since the developmem proposal received Conccp~al P~ approval from City Council ~d has remained vi~u~ly unch~ged as e~ently submitted; ~d WHE~AS, pursuit ~o Section 26.445, ~e City of Aspen Plying ~d Zoning shall provide a recommendation to City Council for a Consolidated Conceptual / Final Plied Unit Development, d~ng a duly noticed public meeting after conside~ng a recommendation ~om ~e Co~ity Developmem Director. commems from the general public, ~d recommendations 5om relev~t teresa1 agencies; ~d WHEREAS, the applicant received Conceptual Planned Unit Development approval from the Aspen City Council on February 12, 2001 which is memorialized via Resolution No. 19, Series 2001; and WHEREAS, during a public hearing held on August 6, 2002, the Planning and Zoning Commission voted, by a six to zero (6 to 0) vote, to recommend City Council approve the Little Ajax Affordable Housing Consolidated Conceptual / Final Planned Unit Development with the conditions; and WHEREAS, the City of Aspen Planning and Zoning Commisszon finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, ~s consistent with the goals and elements of the Aspen Area Community Plan; and 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 6th DAY OF AUGUST, THAT: Section 1 The Planning and Zoning Commission recommends the City Council approve the Little Ajax Affordable Housing Project Consolidated Conceptual Final Planned Unit development including Subdivision, Rezoning to AH/PUD, 8040 Green line Review, GMQS Exemptions, Residential Design Standards Review, and Special Review with the following conditions: 1) The Applicant shall contact the Environmental Health Department I the event thal any part of the septic system is encountered during construction for proper handling and disposal. 2) The Applicant shall comply with the consultant's recommendation to also provide for an MSE wall that protects the western side of the free market units where the Bruge fencing terminates. 3) The Applican! shall contact a specialist to conduct a geophysical investigation regarding the location of the mineshafi in order to determine the potential for subsidence. This report shall be submitted for review by the Community Development Department prior to the issuance of full structural building permits. 4) The Applicant shall contact the Colorado Geologic Survey to conduct a site analysis regarding potential rock fall hazard and potential subsidence ~ssues related to the presence of a mine shaft for review by the Community Developmem Department prior to the issuance of building permits. Page: 3 of 8 ~/08/2002 SILVI~ D~4VIS PITKIN COUNTY CO R 4~.OO D ~.~ 5) The Applicant shall provide additional easement to create a full 12' wide public trail easement for the lower trail across the property as required by the Parks Department. This 12' public trail easement shall be depicted on the Final Plat and recorded in the Pitkin County Clerk and Recorder's Office prior top the submission of building permits. 6) The Applicant shall complete all the necessary tree removal permits and pay the applicable tree removal mitigation fees to the City of Aspen Parks Department prior to the submission for building permits. '7) The Applicant shall file a deed restriction with the Aspen/Pitkin County Housing Authority for the two (2) Accessory Dwelling Units prior to the final inspection for the four flee market units on Parcel 2. 8) Applicant shall consult with the Colorado Geologic Survey to examine the existence of a potential mine portal on the southerly portion of the site located within the mature conifers and comment on its impact, if any, to the stability of the slope and the proposed development. The results of this analysis shall be presented in a report from the Colorado Geologic Survey to the Community development Department prior to the application for full structural building permits. 9) The Applicant shall provide the City with a mine waste testing and handling plan that complies with the following conditions of approval as memorialized in Ordinance No. 25, Series 1994 regarding the handling of any contaminated soils encountered on the property prior to the application for building permits: a) Any disturbed soil or material that is to be stored above ground shall be securely contained on and covered with a non-permeable tarp or other protective barrier approved by the Environmental Health Department so as to prevent leaching of contaminated material onto or into the surface soil. Disturbed soil or material need not be removed if the City's Environmental Health Department finds that: 1) the excavated material contains less than 1,000 parts per million (ppm) of total lead, or 2) that there exists a satisfactory method of disposal at the excavation site. Disturbed soil and solid waste may be disposed of outside of the site upon acceptance of the material at a duly licensed and authorized receiving facility. b) Non-removal of contaminated material. No contaminated soil or solid waste shall be removed, placed, stored, transported or disposed of outside the boundaries of the site without having first obtained any and all necessary State and/or Federal transportation and disposal permits. c) Dust suppression. All activity or development shall be accompanied by dust suppression measures such as the application of water or other soil surfactant to minimize the creation and release of dust and other particulates into the air. Page; 4 o¢ 8 11/08/2002 10:58~ d) Vegetable and flower gardening and Cultivation. No vegetables or flo~vers shall be planted or cultivated within the boundaries of the site except in garden beds consisting of not less than twelve (12) inches of soil containing no more than 999-ppm lead. e) Landscaping. The planting of trees and shrubs and the creation or installation of landscaping features requiring the dislocation or disturbance of more than 1 (1) cubic yard of soil shall require a permit as provided in Section 7- 143 (4). f) Any contaminated soil or mine waste rock to be left on-site shall be placed under structures or pavement; Soils used in landscaped areas or engineered fills shall be covered by a minimum of 1 foot of clean soil that contains less than 1,000 ppm le~id.) 10) The Applicant shall comply with the established Planned Unit Development dimensional requirements for the Affordable Housing / Planned Unit development (AH/PUD) zone district as follows: fr, Lot Area per )weli~n*, unit 1,267 sq, ft. 9,801 sq. ft. (4) i -bedroom units x 500 sq. fi. / unit (2) 3-bedroom units x 1,500 sq. t5. / unit Maximum Allowable Density ' (3) 2-bedroom units x 1,000 sq. fr. / unit (2) 4-bedroom units x 2,000 sq. ft. / unit (4) 3-bedroom units x 1,500 sq. ft. / unit Minimum Lot Width 115 feet 20 feet (at access point) Minimum Front yard Setback 5 feet 35 feet Minimum West Side Yard 5 feet 5 feet Setback Minimum East Side Yard Setback 0 feet 5 feet Minimum Rear Yard Setback 20 feet 40 feet Maximum Site Coverage 6,723 sq. f~ % 109 sq. ft Maximum Beight North Building: 24.1 feet 33 feet South Building: 32 feet Minimum Distance b/w Buildings 15 feet 15 feet Minimum Percent of Open Space 55% TraSh Access Area On each end of the free market building an at the east end of the ~outh AH building Allowable Floor Area (FAR) i Total Allowablei 23,238 Sq. Total Allowable: 297994 sq. ft. Minimum Off Street Parking i 15 parking spaces 11) The Applicant shall be required to provide a sidewalk, curb, and gutter at the time of this development as shown on the proposed development plans. These improvements shall be designed using the City's engineering standards. In addition, the tree species and landscaping to be provided in the planer strip between the cnrb and gutter and the sidewalk shall be approved by the City ~/"~" Parks Department. Page: 5 of' ~: 11/08/2002 10:5~1~ 12) The Applic~t shall install the Binge fence a-~ ~eco~ended by CT~ Thompson in their en~neenng repo~ in order to protect the buildings from potential rock falls. 13) The Applic~ shall provide ~e City Community Development Dep~ment Engineer with a &ainage ~d ~ading pl~ m order to dete~ine ~at sto~ water runoff detention for post-development flows do not exceed pre- development flows. 14) The Applic~t shall contact ~e City's Zoning Officer in order to dete~ine ~ appropriate street nme for ~e en~ce to the property in order to assist emergency vehicle response. 15) The Applic~t shall calculate ~e established allowable roof heist from existing ~ade, not the ~ade a~er the site has been re-~aded. 16) The Applic~t shall re-exmme ~e emergency access ~d confi~ with the City Fire Dep~ment that no problems exist. F~her, the Applic~t shall install spd~ler systems ~d ala~s pursuit to ~e regulations of ~e City Fire Dep~ment. The Applic~t shall info~ the City Water Dep~ment reg~ding the spfi~ler requirements phor to the application for building pemits. 17) The Applic~t sh~l re-seed dist~bed ~eas wi~ natur~ vegetation p~su~t to the reco~endation of ~e City Pinks Dep~ent. The Applic~t may obtain these seed mixes ~om the P~ks Dep~ent. 18) The Applic~t shall provide ~ erosion control pl~ to the City P~ks ~d Engineering Depaments. Specifically, the Applic~t shall instill 1) silt fencing and hale bales across the middle ~d ~ont of the propeAy below disrobed ~eas ~d 2) fencing to protect existing vegetation ~9) The Applic~t shall submit a refined l~dscaping pl~ to the Pinks Dep~ment prior to ~e application for bulling pemits that indicates ~e specifications for the i~gation system that will be installed in the public ROW. 20) The Applic~t shall include appropriate l~age m the Final P~ Agreement for ~t 1 ~d its associated condominium docmentation regmding the homeo~er's association for Lot 1 (to be reviewed ~d approved by St~ that ensues ~m the 11 ~ units shall comply wi~ the r~resentations made in the application, a~ere to the conditions of this Final P~ Approval, ~d comply wi~ ~e required deed resections as a~inistered by the Aspe~Pitkin County Housing Authority so that the o~ers of s~d ~its shall not be ~duly b~dened by a disproportionate shine of responsibilities associated ~ the ownership of~es~ traits. 21) The Applicant shall complete and provide the Aspen Consolidated Sanitation District with a "Line Extension Request" and a "Collection System Agreement" for the main line extension. In addition, since all of the units will be condominiumized, the Applicant shall obtain a Shared Service Agreement for the owner of each unit. 22) The Applicant shall provide a handling and waste disposal plan that complies with City Environmental Health Department requirements for the abandonment of the existing septic system. This plan shall be provided to and approved by the City Environmental Health Department prior to the application of building pemfits. 23) The Applicant shall develop additional "traffic reduction measures" for the project prior To building permit issuance in order to comply with code requirements. The applicant should work with the City's Environmental Health Department to determine whether the measures are sufficient. 24) The Applicant shall consult with an engineering firm about design of the carport parking ventilation system to ensure that ventilation is adequate to prevent carbon monoxide from reaching high levels inside the carports or in the units above them. This is a concern because the carports are under overhanging units with bedrooms immediately above the parking spots, so that fumes might collect beneath sleeping areas in areas where air circulation is poor. An engineer who specializes in design of heating and ventilation systems must certify that the proposed design will prevent excessive levels of carbon monoxide from concentrating inside the carports or in buildings above, 25) 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. 26) 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. 27) The Applicant shall include appropriate language in the Final PUD Agreement and it's associated condominium documentation regarding the homeowner's association for Parcels 1 and 2 (to be reviewed and approved by Staff) that ensures that the 11 affordable housing units on Parcel l shall not be unduly burdened by a disproportionate share of responsibilities associated with the free market units on Parcel 2. 28) One of the Category 3 studio units shall be priced between the maximum sales price of Category 2 and Category 3 and that the Category 4 two-bedroom unit sales price shall be priced between Category 3 and Category 4. 29) The construction of the affordable housing units shall be built in conjunction with the flee market traits and that the approval of the Certificate of Occupancy for the deed-restricted units be prior to or in conjunction witb the Certificate of Occupancy for the flee-market units. 30) The affordable housing milts shall be deed-restricted prior re building permit approval or at the time of Final Plat approval, along with all other required documents; i.e., Subdivision Improvements Agreement, Declaration of Covenants, etc., and that these documents shall be reviewed by the Aspen/Pit!~n County Housing Authority for approval. 31) The affordable housing units shall be listed with the AsperdPitkin County Housing Authority at the time of Certificate of Occupancy and shall be sold through the lottery process. 32) The maximum sales prices for the deed~restricted units shall be set at the prices stated in the Guidelines in effect at the time of Final Plat approval. 33) The accessory dwelling units shall be deed restricted prior to building permit approval for the free market units and abide by the conditions established under Section 26.520.050 of the City of Aspen Municipal Code. 34) Prior to Certificate of Occupancy for the flee-market units associated with the accessory dwelling units, a site visit shall be conducted for compliance. 35) In association with the geologic hazards evaluation, any on-site excavation which is not actively proceeding to building construction shall be filled, ~aded, and restored to its natural condition, or as close thereto as possible (which judgment shall be at the sole discretion of Community Development Director), within three (3) months of the determination of a "no-build" (which judgment shall also be at the sole discretion of Community Development Director). An adequate financial surety to cover the filling and restoration of the site shall be posted with the City prior to the issuance of a permit for the excavation. Section 2 All material representations and commitments made by the applicant pursuan! to the development proposal approvals herein awarded, whether in public meeting 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 authorizing entity. Page: ~ o¢ 8 l 1/08/~00~ 10:58A SZLVIR DAVIS PITKIN COUNTY CO R 41.00 D 0.00 Section 3 This R%olutiun shall affect any existing litigation and shall not operate as an abatement of any section 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 ordinance. Section 4 If any section, subsection, sentence, cianse, 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. Section 5 That the City Clerk is directed, upon the adoption of this Resolution, to record a copy of this Resolution in the office of the Pitkin County Clerk and Recorder. Section 6 A public hearing on this Resolution was held on the 6th day of August, at 4:30 in the City 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 August 6th, 2002. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City ~ttorney Jasmine Tygre, Chair ATTEST: ~ckie }~othian, DepUty City Clerk