Loading...
HomeMy WebLinkAboutresolution.apz.014-06 bal/$ Option A Reconnnending approval of both Special Review and GMQS for Affordable housing Resolution No. 14 (SERIES OF 2006) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT CITY COUNCIL GRANT SPECIAL REVIEW APPROVAL AND GMQS APPROVAL FOR THE DEVELOPMENT OF AFFORDABLE HOUSING OF THE MOTHERLODE AMENDMENT TO CONSTRUCT ONE AFFORDABLE HOUSING UNIT AND PROVIDE THREE OFF- STREET PARKING SPACES IN A MIXED-USE BUILDING KNOWN AS 314 EAST HYMAN AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2737-073-38-007 WHEREAS, the Community Development Department received an application from Mother Lode Investors, LLC, requesting Special Review approval and Growth Management Approval for the Development of Affordable Housing for a mixed-use building known as 314 East Hyman Avenue; and, WHEREAS, the Applicant has requested a combined review for Special Review approval to provide three rather than four off-street parking spaces and Growth Management approval for the Development of Affordable Housing to construct one affordable housing unit; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended denial of the Special Review request, but approval of the growth management request; 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, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that a recommendation of approval of the development proposal is consistent with the goals and objectives of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission recommends approval of the Special Review request to provide three off-street parking spaces and recommends Growth Management approval for the development of Affordable Housing to develop one 944 sq. ft. affordable housing unit on the property known as 314 East Hyman Avenue, by a vote of -----D.- to 5 ~- 5); and, WHEREAS, the City of Aspen 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 Commission: Page I of3 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 approval of a Special Review request to provide three off-street parking spaces on-site as the request meets the review standards outlined in L.V.C. Section 26.515.040 and recommends growth management quota system approval for the development of one 944 sq. ft affordable housing unit as shown in Exhibit C of the staff report dated March 21, 2006, and as represented at the public hearing held March 21, 2006. Section 2: The Applicant shall meet all of the conditions of Ordinance No. 25 (Series 2005) except for the following language changes: a. Section 4, Dimensional Requirements, shall be amended to read, "The redevelopment of the Mother Lode building shall be in compliance with the dimensional requirements of the Commercial Core (CC) zone district, with the exception of off- street parking, trash/utility service area, and open space/pedestrian amenity requirements. Off-street parking requirements shall be provided as represented in Section 5 below. The dimensions of the trash/utility service area shall be a minimum of sixteen (16) feet wide by sixteen (16) feet in depth as discussed in Section 6 below. The Applicant shall pay cash-in-lieu of providing open space/pedestrian amenity as represented in Section 13 below." b. Section 5, Off-Street Parking, shall be amended as to read, "The project shall provide three (3) off-street parking spaces as determined through the Special Review process, one of which shall be designated for the use of occupant of the affordable housing unit." c. Section 6, Trash/Utility Service Area, shall be amended to read, "A trash/utility service area shall be a minimum of sixteen (16) feet wide by sixteen (16) feet in depth, accessed from the alley, was approved by special review pursuant to the Planning and Zoning Commission Resolution No. 12, Series of 2005. The trash container shall be wildlife proof. d. Section 7, Affordable Housing, shall be amended to read, "The Applicant shall record a deed restriction on the affordable housing unit prior to the issuance of a certificate of occupancy on the building classifying the unit as a Category 2 unit. If the Applicant chooses to deed restrict the affordable housing unit as a rental unit, the Applicant shall convey a 1/10 of a percent, undivided interest in the unit to the Aspen/Pitkin County Housing Authority prior to the issuance of a certificate of occupancy on any portion of the building. The unit may be deed-restricted as a rental unit, but the unit shall become an ownership unit at such time as the owners would request a change to a "for sale" unit or at such time as the AspenlPitkin County Housing Authority deems the unit to be out of compliance with the rental occupancy requirements in the Affordable Housing Guidelines for a period of more than a year." Section 3: 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. Page 2 of3 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. Section 5: 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, are hereby incorporated in such development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. APPROVED by the Commission at its meeting on April 4, 2006. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney t)) Jasmine Tygre, Chair Dg-\\ ATTEST: Jackie Lothian, Deputy City Clerk Page 3 of3