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HomeMy WebLinkAboutordinance.council.038-05ORDINANCE NO. 38 (SERIES OF 2005) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING 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, PITI{IN 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, the Planning and Zoning Commission expressed concerns that adding bedrooms to the basements to be finished would exacerbate parking issues in the area; and, WHEREAS, as a result of the Planning and Zoning Commission's expressed concerns about the addition of bedrooms exacerbating parking issues in the area, the Applicant amended their proposal to request to finish the 8 unfinished basements with room uses other than bedrooms; and, WHEREAS, during a continued public hearing 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 to allow for the eight (8) 1-bedroom units that were constructed with unfinished basements to finish their basements to include room uses other than bedrooms and full bathrooms; and, WHEREAS, during a duly noticed public hearing on September 26, 2005, City Council continued the review of this proposal until October 11, 2005; and, WHEREAS, during a continued public hearing on October 11, 2005, City Council continued the review of this proposal until November 28, 2005; and, WHEREAS, during a continued public heating on November 28, 2005, the Aspen City Council approved Ordinance No. 38, Series of 2005, by a five to zero (5-0) vote, approving with conditions, a PUD amendment to the Snyder Park Affordable Housing PUD to allow for the eight (8) 1-bedroom units that were constructed with unfinished basements to finish their basements; and, WHEREAS, the Aspen City Council 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 Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council 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 City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves 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. The finished basements shall not include full bathrooms, but the addition of powder rooms (to only contain at most 1 toilet and 1 sink) shall be permitted. The addition of bedrooms shall be permitted in the basements and the units subject to this amendment shall be resold as one-bedroom units even though they may contain two bedrooms after the basements are finished. Any bedrooms to be added to the basements shall be located such that there is direct access from the bedrooms to the existing egress wells in order to meet the egress requirements of the building code without altering the exterior of the structures. Section 2: This Ordinance 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 construed and concluded under such prior ordinances. Section 3: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance 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. Section 4: A public heating on this ordinance was held on the 28th day of November, 2005, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 22nd day~ Attest: Kathryn S. Kqgh, City Clerk FINALLY, adopted, passed and approved by a vote of five to November, 2005. Approved as to form: J(~drg'PT~orcester, City Attorney