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HomeMy WebLinkAboutresolution.apz.022-05RESOLUTION NO. 22 (SERIES OF 2005) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION, RECOMMENDING THAT CITY COUNCIL APPROVE A PUD AMENDMENT TO THE SNYDER PARK AFFORDABLE HOUSING PROJECT TO ALLOW FOR UNFINISHED BASEMENTS TO BE CONVERTED TO LIVABLE SPACE AND FINISHED, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department received an application from the Snyder Park Homeowner's Association, represented by Rowland and Broughton Architecture and Urban Design, requesting approval of a PUD amendment to allow for the eight (8) 1-bedroom units (ADA accessible 1-bedroom unit not included) that were constructed with unfinished basements to be finished with a variety of room uses, including bedrooms; and, WHEREAS, City Council approved the Snyder Park Affordable Housing PUD pursuant to Ordinance No. 24, Series of 1998, allowing for the construction of six 3- bedroom and eight (8) 1-bedroom affordable housing units in Snyder Park Subdivision/PUD; and, WHEREAS, the eight (8) 1-bedroom affordable housing units were constructed with unfinished basements that were not allowed to be finished with bedrooms under the original development approvals; and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department and the Aspen/Pitkin County Housing Board recommended approval of the requested amendment to provide the ability for unit owners to finish the basements in the eight (8) 1-bedroom units with additional bedrooms; and, WHEREAS, during a duly noticed public hearing on July 5, 2005, the Planning and Zoning Commission continued review of the application until July 19, 2005; and, WHEREAS, during a continued public heating on July 19, 2005, the Planning and Zoning Commission continued review of the application until August 2, 2005; and, WHEREAS, during a continued public heating on August 2, 2005, the Planning and Zoning Commission approved Resolution No. 22, Series of 2005, by a four to zero (4-0) vote, recommending that City Council approve with conditions, a PUD amendment to the Snyder Park Affordable Housing PUD allowing for the eight (8) 1-bedroom units that were constructed with unfinished basements to finish their basements; 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; 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 Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby recommends that City Council approve a PUD amendment to the Snyder Park PUD allowing for the unfinished basements in the eight (8) 1-bedroom units (not including the ADA accessible 1-bedroom unit because it does not have an unfinished basement) to be finished, with the following conditions: A building permit shall be applied for and approved to finish each of the individual basements. The finished basements shall meet the applicable building code requirements that are in place at the time of building permit submittal. The basements shall not contain cooking devices, thereby reinforcing that the finished basements are not to be used as an additional, stand-alone dwelling unit. The owners of the subject units that finish their basements shall not be allowed to be reimbursed for more than 10% of the actual costs of capital improvements to the units upon the initial sale of the improved units pursuant to the affordable housing guidelines. 4. The basements in the eight 1-bedroom units shall not be allowed to include bedrooms. Bedrooms are defined as a portion of a dwelling unit intended to be used for sleeping purposes, which contain closets, have access to a bathroom and which meet the International Building Code requirements for light and ventilation. This language shall not preclude the owners from having the ability to install a powderoom (to only contain at most ! toilet and 1 sink) in the basement as long as the other rooms are not intended to be used for sleeping purposes. Section 2: 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 3: 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 4: 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 thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 2nd day of August, 2005. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: Cit~Attorney x/ Jasmine Tygre, Chair ATTEST: /~ackie L~thi~n, Deputy City Clerk