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Home My WebLink Aboutresolution.apz.003-01 RESOLUTION NO. 3 (SERIES OF 2001) A RESOLUTION OF TIlE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING CITY coUNcIL APPROVAL OF A CONCEPTUAL PLANNED UNIT DEVELOPMENT FOR THE BARBEE PARCEL (PARCEL NO. 2735-131-130-01), PARKING LOT PARCEL (PARCEL NO. 2735- 131-140-03), AND MINE DUMP APARTMENTS PARCEL (PARCEL NO. 2735- 131-230-01), CITY OF ASPEN, PITI{IN COUNTY, COLORADO. Parcel ID: 2735-131-130-01 Parcel ID: 2735-131-140-03 Parcel ID: 2735-131-230-01 WHEREAS, the Community Development Department received an application from Savanah Limited Parmership, owner, represented by John Sarpa and Sunny Vann, for rezoning to Lodge/Tourist Residential (L/TR) with a Planned Unit Development Overlay, and Conceptual Planned Unit Development approval for 17 affordable housing units and 14 free market units on three parcels described as Parcel 1: Block 6 of the Eames Addition to the City and Townsite of Aspen, Parcel Identification No. 2735-131-130-01; Parcel 2: Lots 7 through 12, Block 11, Eames Addition. Parcel Identification No. 735-131-140-03; and Parcel 3: Lots 13 through 20, Block 11, Eames Addition, Parcel Identification No. 2735-131-230-01; and, WHEREAS, the subject property is a combined 104,708 square feet. or 2.4 acres, and is split zoned, including the L/TR, Moderate Density Residential (R-15), and PUD and Lodge Overlay Zone Districts; and, WHEREAS, pursuant to Section 26.445, the City Council may approve a Conceptual 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, WHEREAS, the Aspen Fire Marshall, Aspen Consolidated Sanitation District, the City Water Department, City Engineering, City Parks Department, the Aspen/Pitkin County Housing Authority, mad the Community Development Department reviewed the Project and recommended approval with conditions; and, WHEREAS, during a duly noticed public hearing on January 16, 2001, the Planning and Zoning Commission approved this resolution, by a four to zero (4-0) vote, recommending City Council approve the rezoning and Conceptual PUl) with conditions; and, I IIIIII IIIII Illlll Illlll II Illlll Illllll ltl IIIII lilt lilt 4~,~2~ ~'~/'1.~/~1' 10:1.~111 I~£$OLIJI'! D11¥~$ 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 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 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 That the Planning and Zoning Commission recommends City Council approve the Conceptual Planned Unit Development, with the following conditions: 1. The Applicant shall provide a form of mitigation approved by the City of Aspen for increased traffic on South Aspen Street, causing a revocation of the road's 15- year pavement warranty. 2. The Final Application shall include detailed utility, landscape, long-term hazard mitigation, PM10 mitigation, and drainage plans. 3. The landscape plan shall indicate that the native areas will he treated with the Parks Department's recommended seed mix. 4. The buildings shall include an adequate fire sprinkler system and alarm system, approved by the Aspen Fire Marshall. 5. The Aspen Fire Marshal shall approve emergency access to all buildings and parcels within the PUD, including the parking structure. 6. No excavation or storage of dirt or material shall occur withh~ tree driplines or outside of the approved building envelope and access envelope., 7. Ail construction vehiales, 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. 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. The applicant shall not track mud onto City streets during construction. A washed rock or other Style mud rack must be installed during construction. I Illlll IIIII IIIIII IIitll II IIIIII IIIllll III IIIll IIII IIII 451526 $2/~.5/2~01. t~:151:1 RESOLUT! DI:IV!S S!L¥! 2 =~ 5 R 25.~0 D ~h00 N 0.00 PITK~N COUNTY CO i 0. All uses and construction st~aii 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. I 1. The Applicant shall obtain 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. 12. 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. 13. 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. 14. The maintenance of the alley between Parcels 2 and 3 shall !be maintained by the owner. 15. A variety of categories shall be represented in the affordable housing mix. 16. The affordable housing units shall meet the minimum size requirements set forth in Part VII, Section 8 of the Affordable Housing Guidelines. The minimum sqUare footage for a Category 2, 1-bedroom unit is 600, while the minimtan square footage for a Category 2, 3-bedroom unit is 1,000. 17. That the applicant shall be required to obtain flood insurance for all of the structures based on the building's proposed orientation to the side Of Aspen Mountain and the identification of potential flood zones. 18. The Final PUD should be based on a proposed rezoning to the L/TR with a PUD overlay. If the rezoning is not approved as part of the Final application, this PUD shall be rendered null and void. 19. If the units are rental, the following conditions shall apply: a. The deed restrictions on the !7 affordable housing units ,,shall be in perpetuity to the rental price terms as defined ih the ~sPen/Pitkin County Affordable Housing Guidelines in effect at the time of Final Plan approval of this proposed application. b. The unit rental prices shall be no greater than allowed under the Affordable Housing Guidelines that are in affect at the time of Final Plan Approval. I till//IIIII IIIIll/llll/Il tttlll Illlll/Ill Illll IIII IIII 451521 0211512001 10::151:1 RE$OLUT! D~V!$ SZLV! 3_o~ S R 25.00 D 0,00 N 0.00 p.rTKl*l~I COUNTy CO c. The Housing Office shall qualify all tenants under the Affordable HOusing Guidelines. d. The ownership interest in the 17 affordable housing units conveyed to the AsperffPitkin County Housing Authority shall be in their entirety (not 1/10 of one-percent). However, Savmmah Limited Partnership shall maintain control of the operations and finances of the affordable housing units. The 1/10 of one-percent ownership interest may be allowed if approved by the City Attorney. e. The applicant shall ensure that the Mine Dump Apartm.ent residents who are displaced at the time of Final Plan approval are granted[ first priority through an internal lottery of both the rental and/or sale units at the time of initial rental and sale of the deed restricted, affordable housing units. 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 or City Council, are hereby incorporated in such plan development approvals and the same shal! be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4: This Resolution shal! 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 thi[s Resolution is for any reason held invalid or unconstitutional in a court of competent j~rdsdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED by the Conunission at its regular meeting on January 16, 2001. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City ~ttorney kJ Robert Blaich, Chair 4515;~6 02/15/2001 10:15~ RESOLUT! Di:IV~S SlLV]' 4 o~ 5 R 25.80 D 8.80 N 8.88 P~'TKIN COUNTY CO ATTEST: /c~c~i~ 'Lothiat~, ~)eputy City Clerk I IIIIII IIIII IIIIII IIIIII II IIIIII IIIIIII III IIIII IIII IIII 451.525 02/15/2001. '10:1.5A RE$OLUTI DAVIS SILV! 5 o¢ 5 R 25.00 D 0.00 N 0.00 PZTKIN COUNTY CO