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Home My WebLink Aboutresolution.apz.024-03RESOLUTION NO. 24 (SERIES OF 2003) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT CITY COUNCIL APPROVE A PUD AMENDMENT AND A GMQS EXEMPTION FOR THE DEVELOPMENT OF AFFORDABLE HOUSING TO THE CENTENNIAL PUD TO ALLOW FOR TI~ APPROVED MODEL UNIT IN BUILDING H, OF THE CENTENNIAL RENTAL HOUSING UNITS TO BE CONVERTED TO AN AFFORDABLE HOUSING UNIT; AND RECOMMENDING THAT CITY COUNCIL APPROVE A SUBDIVISION AND A REZONING REQUEST TO ALLOW FOR THE EXISTING PLAYGROUND TO BE DEDICATED AS A PUBLIC PARK, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 273 7-074-27~701 WHEREAS, the Community Development Department received an application from Centennial Aspen II Limited Partnership, represented by Alan Richman Planning Services, requesting approval of a PUD amendment to the Centennial PUD and a GMQS exemption for the development of affordable housing to allow for the previously approved model unit in Building H to be converted into a deed restricted employee housing unit; and a subdivision and rezoning request to allow for the existing playground area outside of Building H to be subdivided, rezoned to the Park Zone District, and dedicated to the City of Aspen as a public park; and, WHEREAS, the Planning and Zoning Commission approved the addition of a model unit to Building H of the Centennial PUD pursuant to Resolution No. 12, Series of 2003; and, WHEREAS, upon review of the application and the applicable code standards, the Housing Authority has reviewed the requested waiver of asset, residency, and income restrictions and recommended approval of such waivers with conditions; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval of the proposed PUD amendment, GMQS exemption, subdivision, and rezoning requests, with conditions; and, WHEREAS, during a duly noticed public hearing on October 21, 2003, the Planning and Zoning Commission reviewed and considered the development proposal Under the applicable provisions of the Municipal Code as identified herein and approved this resolution, by a six to zero (6-0) vote; approving the proposed requests with the conditions of approval contained herein; 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, WHEREAS, the 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: Pursuant to the procedures and standards set forth in City of Aspen Land Use Code Section 26.445, Planned Unit Development, and Section 26.470.070(J), GMQS Exemptions for affordable housing, the Planning and Zoning Commission hereby recommends that City Council approve a PUD Amendment and a GMQS exemption to allow for the previously approved model unit in Building H of the Centennial PUD to be converted into a deed- restricted affordable housing unit with the following conditions: Occupancy of the unit shall be limited to no more than 60 days per year, including no more than 15 days during any month and no more than 10 consecutive days at any time until such time as the unit is either rented or until the unit is sold, either as a separate condominiumized unit or as part of the Centennial Rental Affordable Housing Complex. Upon the unit being rented or being sold with the remainder of the Centennial complex, the unit will be required to be rented or sold pursuant to the terms of the Centennial disposition and development agreement for a Category 3 unit. The Applicant shall ~ubmit a quarterly report to the AsperffPitkin County Housing Authority detailing who has occupied the unit and on what dates it has been occupied during the past quarter. The quarterly report shall be submitted until such time as unit is rented on a full-time basis or until the unit is sold as part of the remainder of the Centennial Rental Complex. A waiver of asset, residency, and income restrictions shall be in place until such time as the unit is rented on a full-time basis or until the unit is s01d as part of the remainder of the Centennial Rental Complex. Approval of this request supercedes Planning and Zoning Commission Resolution No. 12, Series of 2003 and voids Condition No. 1 and Condition No. 10 in said resolution. With the exception of Conditions 1 and 10 of Planning and Zoning Commission Resolution No. 12, Series of 2003, the conditions in said resolution remain in full effect. .Section 2: The Planning and Zoning Commission hereby recommends that City Council approve the proposed subdivision request to parcel off the existing playground for the purpose of improving the playground and dedicating it to the City of Aspen as a public park, with the following conditions: The Applicant shall prepare a subdivision plat to be recorded at the Pitkin C6~iy Clerk and Rec°rder's Office within 180 days of City Council's approval. The Applicant shall also prepare a subdivision agreement to be recorded at the Pitkin County Clerk and Recorder's Office within 180 days of the City Council's approval. The Applicant shall continue to maimain the sidewalk that abuts Brown Lane, which is to include the portion of sidewalk that runs the length of the park parcel along Brown Lane. The Applicant shall also indemnify the City of Aspen from any liability that may result in use of said sidewalk. The City in return shall grant a pedestrian ingress and egress easement to Centennial where the sidewalk exists on the park property. The City shall take over maintenance responsibility for the sidewalk along Park Circle for the length of the park parcel's street frontage (access road to continue to be maintained by Applicant). The Parks Department shall be able to use the Centennial water system to irrigate the park at the Applicant's expense. However, the City of Aspen Parks Department shall maintain the sprinkler system within the Park Parcel. This PUD amendment shall establish the minimum lot size for the park parcel at 6,320 square feet. A sign shall be erected at the sidewalk connection between the Park Circle sidewalk and the park's interior sidewalk that clearly identifies this connection as the entryway to the park. 6. Utility maintenance easements shall be granted to the utility agencies that currently have utility services located in the land to be dedicated as the park. 7. The City shall place a conservation easement over the park parcel. Section 3: The Planning and Zoning Commission hereby recommends that City Council rezone the playground parcel to be created to the Park (P) Zone District. Section 4: 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 shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 5: 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 6: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or tmconstimtional 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. APPROVED BY the planning and Zoning Commission of the City of Aspen on this 21st day of October, 2003. APPROVED AS TO FORM: COMMISSION: PLANNING AND ZONING City'Attorney Jasmine Tygre, Chair ATTEST: ~ckie Lothian, I)eputy City Clerk