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RESOLUTION NO.8
(SERIES OF 2006)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION APPROVING WITH CONDITIONS, A GROWTH
MANAGEMENT REVIEW FOR AFFORDABLE HOUSING, AND
RECOMMENDING THAT CITY COUNCIL APPROVE WITH CONDITIONS,
THE COOPER APARTMENTS SUBDIVISION AND CONDOMINIUMIZATION
TO CONSTRUCT A MUTI-FAMIL Y BUILDING CONSISTING OF TWO FREE-
MARKET RESIDENTIAL UNITS AND TWO DEED-RESTRICTED
AFFORDABLE HOUSING UNITS ON THE PROPERTY LOCATED AT 410 S.
WEST END STREET, LOTS A AND B, BLOCK 118, CITY OF ASPEN, PITKIN
COUNTY, COLORADO.
ParcelID: 2737-182-91-001
WHEREAS, the Community 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, Growth
Management Review for the 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 on the property located
at 410 S. West End Street; 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 February 7, 2006, the
Planning and Zoning Commission approved Resolution No.8, Series of 2006, by a five to
zero (5-0) vote, approving with conditions, a growth management review for the
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 (2) free-market residential units and two (2) deed-restricted
affordable housing units located on the property located at 410 S. West End Street, Lots
A and B, Block 118, City and Townsite of Aspen; 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,
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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 Section 26 of the City of Aspen
Municipal Code, the Plauning and Zoning Commission hereby approves with conditions,
a growth management review for the development of affordable housing, and
recommending that City Council approve the Cooper Apartments Subdivision and
Condominiumization in order to construct a multi-family building consisting of two (2)
free-market residential units and two (2) deed-restricted affordable housing units on the
property located at 410 S. West End Street, Lots A and B, Block 118, City and Townsite
of Aspen.
Section 2: Plat and Al!reement
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
Condominium Plat may be approved and signed by the Community Development Director
upon substantial completion of construction.
Section 3: Buildinl! Permit Application
The building permit application shall include the following:
a. A copy of the final Ordinance and 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.
c. 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. 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.
d. 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,
construction phasing, and a construction traffic and parking plan for review and
approval by the City Engineer and Streets Department Superintendent. The
construction management plan shall also identify that the adjacent sidewalks will be
kept open and maintained throughout construction.
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JANICE K vas CRUDILL PITKIN COUNTY CO R 31.00
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e. A fugitive dust control plan to be reviewed and approved by the City Engineering
Department.
f. A detailed excavation plan that utilizes vertical soil stabilization techniques for
review and approval by the Community Development Engineer.
g. Accessibility and ADA requirements shall meet the building code requirements.
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. Compliance with these requirements will be verified by the City of Aspen
Zoning Officer at the time of building permit submittal.
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: Sidewalks. Curb. and Gutter
The sidewalks and crosswalk ramps adjacent to the property shall be upgraded to meet
City Engineer's requirements and ADA requirements prior to issuance of a certificate of
occupancy on any of the units within the development. Additionally, the sidewalk along
South West End Street shall be reconstructed so that it is detached from the curb, creating
a five (5) wide landscaping buffer. The Applicant shall also repair any curb and gutter
adjacent to the property that is deemed to be in disrepair by the City Engineer before a
certificate of occupancy is issued for any of the units within the development.
Section 7: Relocation of Utility Pedestal
The Applicant shall relocate the utility pedestal that currently exists in the Block 118
alleyway near its intersection with South West End Street. The utility pedestal shall be
relocated further north in the South West End Street Right-of- Way since it serves
multiple properties.
Section 8: Affordable Housinl!
The affordable housing units shall be in compliance with the AspenlPitkin County
Housing Authority'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 governing 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
AspenlPitkin County Housing Authority prior to the issuance of a certificate of
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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 AspenlPitkin 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 9: Fire Mitil!ation
The Applicant shall install a fire sprinkler system and alarm system that meets the
requirements of the Fire Marshal.
Section 10: 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.
Section 11: Sanitation District Requirements
The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and
regulations. No clear water connections (roof, foundation, perimeter, patio drains) to
ACSD lines shall be allowed. On-site utility plans require approval by ACSD. Below grade
development may require installation of a 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
right 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 12: 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 13: Exterior Lil!htinl!
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 14: School Lands Dedication Fee
Pursuant to Land Use Code Section 26.630, Schoo//ands dedication, the Applicant shall
pay a fee-in-lieu ofland dedication prior to building permit issuance. The City of Aspen
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JANICE K vas CI=IUDILL PITKIN COUNTY CO R 31.00 0 0.00
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.
Section 15: 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 $1,513.00 prior to building
permit issuance. The fee is assessed based on the following calculation:
2 Units multiplied by $3,634 (three bedroom or larger fee) = $7,268.00
I Unit multiplied by $2,725 (two-bedroom fee) = $2,725.00
1 Unit multiplied by $2,120 (I-bedroom fee) = $2,120.00
Credit for existing 5 I-bedroom units= $10,600.00
Park Development Impact Fee= $1,513.00
Section 16: Landscapinl!
An approved tree removal permit and excavation under the drip line permit is required
prior to submitting the building permit. The Parks Department approval will be
contingent on the approved tree permit. A detailed tree protection plan is required as part
of the building permit submittal 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 before any
construction activities commence. Specific excavation techniques to be approved by the
Parks Department shall be required along the entire length of the Cooper Avenue
excavation and vertical excavation shall be required along the length of South West End
Street excavation. No over digging is allowed on the South West End Street and Cooper
Avenue excavations.
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." Improvements to both of the adjacent City ROW's shall
include irrigation, new sod and soil, and new street tree plantings along East Cooper
Avenue and South West End Street meeting the approval of the Parks Department.
Autumn Blaze Maple trees shall be planted along Cooper Avenue and Ussarian Pear trees
shall be planted along South West End Street. All street tree plantings shall be evenly
spaced at about fifteen (15) to twenty (20) feet apart.
The Parks Department will perform a diagnostic test on the tree located adjacent to the
proposed northeast entry walk to determine if the tree should be removed prior to the
commencement of construction activities. If the abovementioned tree is prohibited from
removal by the Parks Department, the Applicant shall redesign or remove the walkway to
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Cooper Avenue. The Applicant shall also remove the stand of Aspen Trees located near
the northwestern corner ofthe property because they are in declining health.
Section 17:
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 18:
This resolution shall not affect 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 19:
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 7th
day of February, 2006.
APPROVED AS TO FORM:
PLANNING AND ZONING
COMMISSION:
n~ \ JJ-
City Attorney
ATTEST:
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JRNICE K VOS CI=IUDILL PITKIN COUNTY CO R 31.00 D 0.00
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