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HomeMy WebLinkAboutresolution.apz.021A-06 I RESOLUTION NO. 21A (SERIES OF 2006) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING WITH CONDITIONS, A GROWTH MANAGEMENT REVIEW FOR THE DEVELOPMENT OF AFFORDABLE HOUSING AND SPECIAL REVIEW TO ESTABLISH THE PARKING REQUIREMENTS FOR THE CONVERSION OF UNIT 109 IN THE LIFT ONE CONDOMINIUMS TO A DEED-RESTRICTED AFFORDABLE HOUSING UNIT, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO WHEREAS, the Community Development Department received an application from the Lift One Condominium Association, owners, represented by Paul Taddune, requesting approval of a growth management review for the development of affordable housing, special review to establish the parking requirements, and a code amendment to the Lodge Zone District to convert a bandit dwelling unit in the Lift One Condominiums known as Unit 109 to a deed-restricted affordable housing unit; and, WHEREAS, the proposed code amendment to the Lodge Zone District was reviewed separately from the other necessary land use actions and was approved pursuant to Ordinance No. 25, Series of2006; and, WHEREAS, pursuant to the applicable sections of the land use code, the Community Development Director has reviewed the requested land use actions and recommended approval, with the conditions of approval contained herein; and, WHEREAS, the Aspen/Pitkin County Housing Board has reviewed the proposed affordable housing unit and granted income and asset waivers and a minimum unit size waiver; and, WHEREAS, during a duly noticed public hearing on May 16, 2006, the Planning and Zoning Commission continued the review of the application to June 6, 2006; and, WHEREAS, during a continued public hearing on June 6, 2006, the Planning and Zoning Commission continued the review of the application to September 5, 2006; and, WHEREAS, during a continued public hearing on September 5, 2006, the Planning and Zoning Commission approved Resolution No. 21, Series of2006, by a five to zero (5-0) vote, approving with conditions, a growth management review for the development of affordable housing and special review to establish the parking requirements to convert a bandit dwelling unit in the Lift One Condominiums known as Unit 109 to a deed-restricted affordable housing unit; 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, 111111111111111I111111 ::~;~~:;1:9 : 00 JANICE K VOS CAUDILL PITKIN COUNTY CO R 16.00 0 0.00 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 approves a growth management review for the development of affordable housing and special review to establish the parking requirements to convert a bandit dwelling unit in the Lift One Condominiums known as Unit 109, to a deed-restricted affordable housing unit, subject to the conditions contained herein. Section 2: Affordable Honsinl! Unit The affordable housing unit shall be in compliance with the Aspen/Pitkin County Housing Authority's Employee Housing Guidelines. The Applicant shall record a deed restriction classifying the affordable housing unit as a Category 4 unit at the time of recordation of an amended condominium plat identifying the unit as a legal dwelling unit. The affordable housing unit may be deed-restricted as a rental unit. The unit shall become an affordable housing ownership unit at such time as the owners would request a change to a "for-sale" unit. If 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 year the unit shall either revert to the general common area or, if approved by the unit owners sold as a "for sale" affordable housing unit. If the unit is ever converted to a "for-sale" unit, the unit's homeowners' association dues shall be a percentage of the free-market residential units' dues equal to the unit's market value compared to that of the free-market residential units' market value in the complex. The Applicant shall enter into an agreement with the AspenlPitkin County Housing Authority ensuring that the unit will be rented at a Category 4 or lower rental price for the existence of the unit. This agreement shall be executed prior to unit being occupied. The rental asset and income guidelines are waived with regard to occupancy of this unit. The size limitations are also waived. II'DJftll~"1 ~~~,t~l;." o R 16.00 D 0.00 1111111111111111 111I II ::~~ ~:;l ~9: 00 JRNICE K vas CAUDILL PITKIN COUNTY co R 16.00 0 0.00 Section 3: Special Review for Off-Street Parkin!! The off-street parking requirement for the site shall be hereby established as the existing twenty-two (22) off-street parking spaces. Section 4: Amendment to Condominium Plat and Declaration As is described in Section 2 above, the Applicant shall record an amended condominium plat and declaration acknowledging the presence of Unit 109 as a legal dwelling unit. Section 5: Up!!rade Dwellin!! Unit Separation Unit I09's dwelling unit separation shall be upgraded to meet the requirements of the International Building Code. Compliance with this requirement shall be reviewed by the City Building Department prior to issuance of a certificate of occupancy for the unit. Section 6: 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 plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 7: 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 8: 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 by a five to zero (5-0) vote on this 5th day of September, 2006. APPROVED AS TO FORM: n.,~ City Attorney PLANNING AND ZONING COMMISSION: J ~-;: Jasmine Tygre, Chair ATTEST: eputy City Clerk