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HomeMy WebLinkAboutresolution.apz.023-05RESOLUTION NO. 23 (SERIES OF 2005) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING WITH CONDITIONS, THE GRANTING OF A GMQS APPROVAL FOR THE DEVELOPMENT OF AFFORDABLE HOUSING, AND RECOMMENDING THAT CITY COUNCIL APPROVE WITH CONDITIONS, THE HYMAN APARTMENTS CONDOMINIUMS SUBDIVISION AND CONDOMINIUMIZATION TO CONSTRUCT A MUTI-FAMILY BUILDING CONSISTING OF TWO FREE MARKET RESIDENTIAL UNITS AND TWO DEED-RESTRICTED AFFORDABLE HOUSING UNITS ON THE PROPERTY KNOWN AS 306 S. GARMISCH AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2 735-124- 71-008 WHEREAS, the Cormnunity Development Department received an application from John R. Provine and Ronald E. Soldering, Trustee - Soldering Living Trust, Inc, represented by Vann Associates, requesting approval of Subdivision, development of affordable housing, and condominiumization to construct a multi-family building consisting of two free market residential units and two deed-restricted affordable housing units located on the property known as 306 S. Garmisch Avenue; and, WHEREAS, the subject property is zoned RMF (Residential Multi-Family); and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended approval, with conditions, of the proposed subdivision and associated land use requests; and, WHEREAS, during a duly noticed public hearing on July 19, 2005,/.the Planning and Zoning Commission approved Resolution No.I;~_~ Series of 2005, by a~, -_;~m (.~-0) vote, approving with conditions, development of affordable housing, and recommending that City Council approve with conditions, the proposed subdivision and condominiumization to construct a multi-family building consisting of two fi'ee market residential units and two deed-restricted affordable housing units located on the property known as 306 S. Garmisch Avenue; and, WHEREAS, the Aspen Planrring 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. Page 1 of 6 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 Section 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby approves with conditions, development of affordable housing, and recommending that City Council approve the Hyman Apartments Subdivision and Condominiumization in order to construct a multi- family building consisting of two free market residential units and two deed-restricted affordable housing units located on the property known as 306 S. Garmisch Avenue. Section 2: Plat and Agreement The Applicant shall record a subdivision plat and agreement that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of approval. The final Condominiumization Plat may be approved and signed by the Community Development Director. Section 3: Building Permit Application The building permit application shall include the following: a. A copy of the final Ordinance and recorded P&Z Resolution. a. The conditions of approval printed on the cover page of the building permit set. b. A completed tap permit for service with the Aspen Consolidated Sanitation District. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and afier construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 5-year storm frequency should be used in designing any drainage improvements. An excavation stabilization plan, construction management plan, and drainage and soils reports pursuant to the Building Department's requirements. The construction management plan shall include an identification of construction hauling routes for review and approval by the City Engineer and Streets Department Superintendent. A fugitive dust control plan to be reviewed and approved by the Environmental Health Department. A detailed excavation plan that utilizes vertical soil stabilization techniques for review and approval by the City Engineer. Accessibility ands ADA to all units shall be addressed to satisfactorily meet the building code. Page 2 of 6 Section 4: Dimensional Requirements The redevelopment of the building as presented complies with the dimensional requirements of the Residential Multi-Family (RMF) Zone District. The structure shall meet all of the required Residential Design Standards applicable to a multi-family building. Section 5: Trash/Utility Service Area The trash enclosure, located adjacent to the side property line and accessed from the alley, shall not use a dumpster style trash container. The trash containers shall be wildlife proof. Section 6: Engineering ADA requirements need to be met on the Garmisch and Hyman sidewalks. If they are not to current standards then replacement is necessary. The Construction Management Plan (CMP) needs to be submitted before application for the building permit. Included in the CMP should be the following topics; construction traffic routing, erosion BMP's, soil stabilization, drainage impacts, construction phasing plan. The inlet may need to be moved if replacement of the sidewalk is necessary. Section 7: Affordable Housing The affordable housing units shall be in compliance with A.P.C.H.A.'s Employee Housing Guidelines. The Applicant shall record a deed restriction on each of the affordable housing units at the time of recordation of the condominium plat and prior to the issuance of a Certificate of occupancy for the building, classifying the units as Category 2 units. Included in the goveming documents shall be language reflecting the potential for the units to become ownership units. If the Applicant chooses to deed restrict the affordable housing units as rental units, the Applicant shall convey a 1/10 of a percent, undivided interest in the units to the Aspen/Pitkin County Housing Authority prior to the issuance of a certificate of occupancy on any portion of the building. The units may be deed-restricted as rental units, but the units shall become ownership units at such time as the owners would request a change to "for-sale" units or at such time as the Aspen/Pitkin County Housing Authority deems the units to be out of compliance with the rental occupancy requirements in the Affordable Housing Guidelines for a period of more than year. A total of two off-street parking spaces shall be allocated and reserved for the affordable housing units. Section 8: Fire Mitigation The Applicant shall install a fire sprinkler system and alarm system that meets the requirements of the Fire Marshal. Section 9: Water Department Requirements The Applicant shall comply with the City of Aspen Water System 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. Each of the units within the building shall have individual water meters.. Page 3 of 6 Section 10: Sanitation District Requirements The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof', foundation, per/meter, patio drains) to ACSD lines shall be allowed. On-site utility plans require approval by ACSD. Old service line connections in the alley of Block 69 must be excavated and abandoned at the main sanitary sewer line according to ACSD requirements. Below grade development may require installation ora pumping system. One tap is allowed for each building. Shared service line agreements will be required where more than one unit is served by a single service line. Permanent improvements are prohibited in sewer easements or fight of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. Section 11: Electrical Department Requirements The Applicant shall have an electric connect load summary conducted by a licensed electrician in order to determine if the existing transformer on the neighboring property has sufficient capacity for the redevelopment. If a new supplemental transformer is required to be installed on the subject property, the Applicant shall provide for a new transformer and its location shall be approved by the Community Development Department prior to installation. The Applicant shall dedicate an easement to allow for City Utility Personnel to access the supplemental transformer for maintenance purposes, if a supplemental transformer is installed. If after the subdivision plat is recorded and in the event an easement is required, then the Community Development Director shall review and approve the easement on the condominium plat. Section 12: Exterior Lighting All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting. Section 13: School Lands Dedication Fee Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall pay a fee-in-lieu of land dedication prior to building permit issuance. The City of Aspen Community Development Department shall calculate the amount due using the calculation methodology and fee schedule in affect at the time of building permit submittal. The Applicant shall provide the market value of the land including site improvements, but excluding the value of structures on the site. Page 4 of 6 Section 14: Park Development Impact Fee Pursuant to Land Use Code Section 26.610, Park Development Impact Fee, the Applicant shall pay a park development impact fee in the amount of $1,818 prior to building permit issuance. The fee is assessed based on the following calculation: (three-bedroom or larger fee - two bedroom fee) = park development impact fee 2 (3,634 - 2,725) = park development impact fee 2 (909) = $1,818.00 TOTAL Section 15: Parks An approved tree removal permit is required prior to submitting the building permit. The Parks Department sign off will be contingent on the approved tree permit. A detailed tree protection plan is required as part of the building permit set and should include fence details and fence locations as well as the following language, "A construction fence shall be installed at the drip line of each individual or grouping of trees remaining on site. No excavation, storage of materials, storage of construction backfill, storage of equipment, and foot or vehicle traffic will be allowed within the tree protection fence. Contact the City of Aspen Parks Department for inspection of the fence, 920-5120 before any construction activities commence. After inspection and approval of the fence location the fence cannot be moved or removed without permission from the Parks Department or until the project receives the Certificate of Occupancy." In order to protect the root zones of the coniferous trees located on the west side of the property, vertical excavation will be required for the western foundation, no lay backs or over digs will be allowed. Improvements to both of the City's ROW's shall include irrigation, new sod and soil, new street tree plantings along Garmisch. Replace one dead street tree on Hyman and add a new tree planting in the space available on Hyman. Section 16: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public heating 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 17: 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 18: 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. Page 5 of 6 APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 19th day of July, 2005. APPROVED AS TO FORM: Cit~ Attorney PLANNING AND ZONING COMMISSION: Jasmine Tygre, Chair t/ c2 ATTEST: DepuCityClerk Page 6 of 6