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HomeMy WebLinkAboutresolution.apz.008-03 RESOLUTION NO. 08~ (SERIES OF 2003) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING CITY COUNCIL APPROVE GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) EXEMPTIONS;' INSUBSTANTIAL AMENDMENT, AND SUBDIVISION AND OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION GRANTING SPECIAL REVIEW APPROVAL FOR THE TIPPLE LODGE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2 73 7-182- 73-079 WHEREAS, the Community Development Department received an application from the Aspen Land Fund, LLC (Applicant), represented by Sunny Vann of Vann Associates, LLC, requesting Growth Management Quota System Exemptions, Special Review, Insubstantial Amendment, Condominiumization, Subdivision and Vested Property Rights for construction Of two free market units and one affordable housing unit; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Waste District, City Engineering, Building, Fire, Streets, Parks, Housing, Environmental Health, and Water Departments as a result of the Development Review Committee meeting; and, WHEREAS, upon review of the application, referral comments, and the applicable Land Use Code standards, the Community Development Department recommended approval for the proposed land use requests for the Tipple Lodge; and WHEREAS, the applicant desires to grant to the Aspen/Pitkin County Housing Authority an. interest in the affordable housing units subject to the terms and conditions contained herein; and, WHEREAS, the Aspen/Pitkin County Housing Authority has consented to accepting an interest in the affordable housing units on conditions that it be indemnified and held harmless from any claims, liability, fees or similar charges related to ownership of an interest in the property; and, WHEREAS, the City of Aspen / Pitkin County Housing Authority forwarded a unanimous recommendation of approval to City Council to approve the proposed affordable housing unit; and WHEREAS, the Applicant amended their application proposal during the review process to comply with Timeshare Exemption pursuant to Section 26.590.030 of the Land Use Code; and WHEREAS, the Planning and Zoning Commission forwarqed a recommendation of approval via Resolution No.08 Series of 2003, by a vote of five to zero (5 - 0), to City Council to approve Growth Management Quota System Exemptions, Subdivision and Insubstantial Amendment; and NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO ON THE 25th DAY OF MARCH 2003, THAT: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, thc Planning and Zoning Commission grants approval of Special Review pursuant to Section 26.430 of the Land Use Code. Section 2 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission recommends approval of the GMQS Exemptinns; Subdivision, Insubstantial Amendment, subject to the following conditions: 1. 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 Departmerit and any approval from the Parks Department Director for off-site replacement or mitigation of removed trees. e. 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. f. A traffic manageme~nt plan that addresses issues such as construction worker parking and hauling routes. g. 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. h. Outdoor lighting plan. i. All uses and construction shall comply with the Aspen Sanitation Districts rules and regulations. j. Subdivision plans shall show water service line easement and a common service agreement shall be submitted. k. Four Peaks/Grand Aspen has been requested to abandon the two water services in Galena St. If the Tipple Woods development occurs first, the abandonment of the services ~vill be required as part of the Tipple Woods construction. 1. The applicant shall comply with the City of Aspen Water Systems Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. 2. Prior to issuance of a 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. c. A detailed landscape plan indicating all plantings, species, numbers and locations shall be submitted to and approved by, the Parks Department. d. Any tree to remain on site shall be protected by a construction fence installed at the drip line of any tree to be saved. The city forester or designee shall inspect this fence before any construction activities are to commence. No excavation, storage of materials, storage of construction equipment, construction backfill, foot or vehicular traffic allowed within the drip line of any tree to be saved. e. The applicant shall pay the appropriate school land dedication fee. 3. Per the Aspen Pitkin County Housing Authority Board approval[ of the application on October 16, 2002, the following conditions shall apply: a. The applicant shall provide a one-bedroom deed-restricted affordable housing unit sized at 640 square feet as proposed. b. The applicant shall provide a Category 2 rental unit on-site as proposed. c. Prior to Final Plat approval, the applicant shall propose a construction schedule for the deed-restricted unit that will coincide with the issuance of building permits on the free market residences. d. The employee to be housed in the deed-restricted unit shall meet the qualification criteria contained within the AsperffPitkin County Affordable Housing Guidelines. e. The applicant shall structure a deed restriction for the unit such that 1/10th of 1 percent of the property is deed restricted in perpetuity to the Aspen/Pitkin County Housing Authority; or the applicant may propose any other means that the legislature determines acceptable. f. The applicant shall provide a rental pricing structure not to exceed the maximum monthly rental rate for a Category 2 unit. g. The deed restriction shall be filed concurrently with the submission of the condominium map to the City of Aspen and shall state the following three conditions for the rental unit: The deed restrictions on the affordable housing unit shall be in perpetuity to the rental price terms as defined in the Aspen/Pitkin County Affordable Housing Guidelines in affect at the time of Final Plan approval of this proposed application. · 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. · The Housing Office shall qualify all tenants under the Affordable Housing Guidelines. Section 3: All material representations and commitments made by the applicant pursuant to this application, whether in public hearings or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4: This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pend'mg 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 is for any mason held invalid or unconstitutional in a court of competent jmSsdiction, 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 Commission at its regular meetiug on March 2~i, 2003. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: Cify Attorney ~ Jasmine Tygre, Chair (2/~ '- ATTEST: J~/kie Lothian, Deputy City Clerk