HomeMy WebLinkAboutresolution.apz.012-01 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING CITY COUNCIL APPROVE THE FINAL
PLANNED UNIT DEVELOPMENT (PUD) FOR THE BAVARIAN INN
AFFORDABLE HOUSING DEVELOPMENT. SUBDIVISION TO CREATE
NINETEEN AFFORDABLE HOUSING UNITS, REZONING TO RESIDENTIAL
MULTI-FAMILY WITH A PLANNED UNIT DEVELOPMENT OVERLAY
ZONE DISTRICT. A GROWTH MANAGEMENT QUOTA SYSTEM
EXEMPTION FOR AFFORDABLE HOUSING UNITS. VESTED PROPERTY
RIGHTS, AND GRANTING SPECIAL REVIEW APPROVAL FOR
AFFORDABLE HOUSING PARKING ON LOTS D THROUGH I. BLOCK 11,
AND LOTS K THROUGH P, BLOCK 12, CITY AND TOWNSITE OF ASPEN,
PITKIN COUNTY, COLORADO.
Parcel No. 2735.123.08.004
Resolution No. 12, Series of 2001
WHEREAS, the Community Development Department received an application
from Bavarian Affordable Housing L.L.C, owner, as represented by Varm Associates,
LLC, for a Final Planned Unit Development Plan, Subdivision, Rezoning, Special
Review, Growth Management Quota System Exemption and Vested Property Rights
approval of a for sale, deed restricted, residential affordable housing development of 19
units, 40 bedrooms and 31 parking spaces on two (2) parcels located between W. Main
Street, Seventh Street, Eighth Street, and W. Bleeker Street; and,
WHEREAS, pursuant to Section 26.84.030 of the 1998 Aspen Municipal Code,
the Planning and Zoning Commission shall make a recommendation to the City Council
regarding requests for Final Planned Unit Development (PUD) approval; and,
WHEREAS, pursuant to Section 26.04.100 of the 1998 Aspen Municipal Code,
the Planning and Zoning Commission shall make a recommendation to the City Council
regarding requests for Subdivision approval receipt of recommendations from staff, and
after taking and hearing public commem regarding the proposal; and,
WHEREAS, pursuant to Section 26.92.030 of the 1998 Aspen Municipal Code,
the Planning and Zoning Commission shall make a recommendation to the City Council
regarding requests for an amendment to the zone district map upon receipt of
recommendations from staff, and after taking and hearing public comment regarding the
proposal; and, '~-~.
WHEREAS, pursuant to Section 26.32 of the 1998 Aspen Municipal Code, the
Planning and Zoning Commission shall approve, approve with conditions or deny a
request for Special Review to establish off-street parking requirements for affordable
housing upon receipt of recommendations from staff; and,
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WHEREAS, the Fire Marshal, Aspen conSolidated sanitation District, the City
Water Department, City Engineering, Parks Department, Enviromnental Health
Department, the City TransportatiOn Planner, the City Zoning Officer, the Roaring Fork
Transit Agency, the Aspen/Pitkin County Housing Authority, and the Community
Development Department reviewed the proposal and recommended approval with
conditions; and,
WHEREAS, the above referenced application was legally noticed for a public
hearing held before the Planning and Zoning Conmaission on March 6th and continued to
March 20, 2001, and,
WHEREAS, the Planning and Zoning Commission, at a duly noticed public
heating on March 20, 2001, voted five to zero (5-0) to recommend City Council approve
the Final PUD Plan, Subdivision, and Rezoning to R/MF PUD, with conditions, and to
approve the Special Review to establish 31 off-street parking spaces for the affordable
housing units; 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 refen'al agencies, and has taken and
considered public comment at a public hearing; and,
WHEREAS, the 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,
VvI-IEREAS, the Planning and Zoning Commission finds that this Resolution
ft~hers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE BE IT RESOLVED by the Aspen Planning and Zoning
Commission:
Section 1:
To recommend City Council approve the Final Planned Unit Development (PUD) for the
Bavarian Inn Affordable Housing PUD with the following conditions:
1. If the requested rezoning of Parcel 2 from R-15 to R-MF/PUD is not approved, this
PUD approval shall be rendered null and void.
2. A Final PUD Plan shall be recorded within 180 days of the final approval granted by
City Council and shall include:
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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 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.
3. Within 180 days after final approval by City Council and prior to applying for a
building permit, the applicant shall record a Subdivision/PUD Agreement with the
Pitkin County Clerk and Recorder binding this property to this development approval.
Including as might be required by the City Engineer the items as follows:
a. A completed curb, gutter, and sidewalk agreement, if necessary.
b. A completed agreement to join any future improvement districts formed for the
purpose of constructing improvements in adjacent public rights-of-way.
4. The dimensional requirements of the PUD shall be the Residential/Multi-Family Zone
District's dimensional requirements at the time of city Council's approval of this
application, except for the setback variances requested by the Applicant and approved
as part of the PUD. These setback variances are for the follo~ving:
1) A 4-foot variance in the 10-foot rem' yard setback for the existing Bavarian
Inn on Parcel 1.
2) A 7-foot variance in the 10-foot rear yard setback for the proposed dUPlex
on Parcel 1.
3) A 2-foot and 4-foot variance in the required 10-foot front yard setback of
the proposed Main Street and Eighth Street mUlti'family structures,
respectively, on Parcel 2.
4) A 2-foot variance in the 5-foot side yard setback on the west side of the
proposed multi-family structure along Eighth Street on Parcel 2.
5. The Applicant shall adhere to the cabin relocation plan.
6. The category mix and the size of the units fall within the priorities and Guidelines of
the Housing Program, as long as 16% of the Category 3 units are priced at the lower
range between Category 2 maximum and Category 3 maximum as stated by the
applicant. The prices shall be derived from those stated in the Aspen/Pitkin County
Housing Guidelines in effect at the time the final PUD is approved.
7. Any existing structure that will not be demolished shall fall under the requirements of
Part VII, Section 14, Deed Restricting Existing Dwelling Units, as stated below. The
Housing Office shall walk-through the units prior to Certificate of Occupancy.
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A. If a~cepted by the City or County, existing units must be upgraded in accordance
with the following criteria (unless a variance from these requirements is apPrOved
bY the applicable governing body upon the recommendation of the APCHA):
1. The interior walls of all units must be freshly painted.
2. The interior appliances must be purchased within the last five years and be
in good working condition.
3. Carpet must be less than five years old and be in good condition and
repair, or be replaced.
4. the exterior walls shall be freshly painted within one year of dedication.
5. A general level of upgrade to yards and landscaping shall be provided.
6. Windows, heating, Plumbing, electrical systems, fixtures, and equipment
shall be in good and working order.
7. The roof must have a remaining useful life of at least ten (10) years.
8. All units shall meet Uniform Building Code minimum standards, any
applicable housing code or, in the absence of an adequate code, the
housing code acceptable to the APCHA.
9. All units shall be approved by the APCHA and verified by a qualified
Building Inspector accepted and approved by the APCHA.
10. Applicant shall bear the costs and expenses of any required upgrades to
meet the above standards as well as any structural/engineering reports
required by the APCHA to assess the suitability for occupancy and
compliance with the APCHA standards of the proposed units.
8. The Applicant, or the applicant's representative, must meet wkh the Housing Office
priOr to listing the units for sale to identify the units that would amount to 13 FTE's.
These units may be used to house fully qualified employees chosen by the applicant
for the initial sale only of the unit. Any sale after the initial sale of these units would
be required to be listed with the Housing Office and s°ld under the lottery process.
The employees must qualify as to income, assets, at least four years of full-time
employment in Pitkin County, and other requirements stated in the Guidelines
defining a "qualified employee."
9. A deed restriction shall be placed on ail of the units at the time of Final Plat approval.
The deed restriction shall be provided by the Housing Office.
10. Prior to Certificate of Occupancy, the Housing Office shall have the right to inspect
all units for compliance.
11. The five (5) large spruce trees at the comer of the alley and 8th Street must be fenced
prior to construction and approved by the City Forester or his designee. The
transformer and utility box located on Parcel 2 appears to be very Close to the dripline
of the eastern most spruce. In addition, the water service lines for the units that face
Main Street also appear to have potential conflicts with existing trees. The water
service line for unit N2 also appears to be in the path of the trees to be preserved in
the lawn area of Parcel 12 Any disturbance of Such line shall be cOordinated with the
Parks Department so that Operations will minimize impact to existing trees.
12. The landscaPe plan Show three (3) Cottonwoods for the right-Of-way along Main
Street. There should be four (4) Cottonwood trees for this area and the City Forester
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must be contacted prior their planting for exact location and spacing. A gravel pad
appears to be located underneath the 12" CottonwoOd at the sOuth east corner of
Parcel 2. It is unclear what the need or intention is for this gravel pad. No excavation
should occur on that side of the tree due to the excavation that may impact the tree on
the other side for the sidewalk construction. A final landscape plan must be
submitted with the official tree removal permit with the required adjustments in this
approval for the proposed plantings.
13. The sidewalk along Main Street is currently shown to be offset from the property line
by approximately one to two feet. The sidewalk should abut the property line to
allow for the maximum space for trees and a buffer zone for the new Main
Street/Highway 82 entrance to town. The sidewalk may have to curve slightly around
the 12-inch cottonwood proposed to be saved.
14. Any irrigation design proposed for installation in the public right-of-way must be
approved by the Parks Department prior to installation and should be included as part
of a right-of-way permit.
15. All material representations made by the applicant in this application and during
public meetings with the Planning and Zoning Commission shall be adhered to and
shall be considered conditions of approval, unless otherwise amended by a
Board/Commission having authority to do so.
16. The building permit application shall include:
a. A copy of the final Ordinance and recorded P&Z Resolution.
b. The conditions 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.
17. The building permit plans shall demonstrate an adequate fire sprinkler system and
alarm system for the new buildings, in the event required by the Aspen Fire Marshal.
18. Prior to issuance of a building permit:
a. The primary contractor shall submit a letter to the Communil~y 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 Pa]ks Impact fee is finalized,
those fees shall be payable according to the agreement.
19. No excavation or storage of dirt or material shall occur within tree driplines or outside
of the approved building envelope and access envelope.
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20. Ali construction vehicles, materials, and debris shall be maintained on-site and not
within public rightS2of-way Unless specifiCallY appr°ved bY the Director of the Streets
Department.
21. The applicant shall abide by ali noise ordinances. Construction activity is limited to
the hours between 7 a.m. and 7 p.m.
22. The applicant shall not track mud onto City streets during construction. A washed
rock or other style mud rack must be installed during construction.
23. 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.
24. 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.
25. A fugitive dust control permit will be required during construction.
26. The dumpster location (on the alley) shall be relocated from the west end of the
parking area to east end of the parking area.
Section 2:
To recommend City Council approve the rezoning to Residential/Multi-Family with a
Planned Unit Development Overlay Zone District.
Section 3:
To recommend City CoUncil approve the Subdivision of nineteen (19) affordable housing
units, with the following condition:
1. If the requested rezoning of Parcel 2 from R-15 to R-MF/PUD is not approved, this
Subdivision approval shall be rendered null and void.
Section 4:
To approve the Special Review for affordable housing parking to establish 31 off-street
parking spaces, with the following condition:
1. If the requested rezoning of Parcel 2 from R-15 to R-MF/PUI-) is not approved, this
Special Review for affordable housing parking approval shall be rendered null and
void.
Section 5:
All material representations and coinmitments made by the applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
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documentation Presented before the Planning and Zoning Commission or City Council, are
hereby incorporated in such development approvals and the same shall be cOmplied with as
if fully set forth herein, unless amended by an authorized entity.
Section 6:
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 7:
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 thereofi
APPROVED by the Commission at its regular meeting by a vote of five (5) to zero (0)
on March 20, 2001.
APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION:
av t. y Robert I. Blaich, Chair
ATTEST:
~/kie Lothian, Deputy City Clerk
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