The URL can be used to link to this page

Home My WebLink Aboutresolution.apz.020-06 1111111111111111111111 ~~:~~~;! ~125 J~NICE K VOS CI=IUDILL PITKIN COUNTY CO R 26.00 0 0.00 RESOLUTION NO. 20 (SERIES OF 2006) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING WITH CONDITIONS, GROWTH MANAGEMENT REVIEW FOR FREE-MARKET RESIDENTIAL UNITS IN A MIXED USE PROJECT AND THE DEVELOPMENT OF AFFORDABLE HOUSING, AND RECOMMENDING THAT CITY COUNCIL APPROVE WITH CONDITIONS, THE AJAX MOUNTAIN BUILDING SUBDIVISION AND CONDOMINIUMIZATION TO CONSTRUCT ONE FREE-MARKET RESIDENTIAL UNIT AND ONE DEED-RESTRICTED AFFORDABLE HOUSING UNIT ON THE PROPERTY LOCATED AT 520 EAST DURANT AVENUE, LOTS N-S, BLOCK 96, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-182-22-006 WHEREAS, the Community Development Department received an application from the Ajax Mountain Associates, represented by Jeffrey Halferty Design and Haas Land Planning, requesting approval of subdivision, growth management review for the development of free-market residential units in a mixed use project, growth management review for the development of affordable housing, and condominiumization to construct one free-market residential unit and one deed-restricted affordable housing unit on the roof of the existing Ajax Mountain Building located at 520 E. Durant Avenue; and, WHEREAS, the subject property is zoned Commercial Core (CC) and contains 18,000 square feet oflot area; and, WHEREAS, the Historic Preservation Commission reviewed and granted Conceptual HPC Design approval for the addition pursuant to HPC Resolution No. 47, Series of 2005; and, WHEREAS, the Historic Preservation Commission reviewed and granted Final HPC Design approval and an exemption from Mountain View Plane Review for the addition pursuant to HPC Resolution No. I, Series of2006; 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 June 6, 2006, the Planning and Zoning Commission approved Resolution No. 20, Series of 2006, by a five to zero (5-0) vote, approving with conditions, a growth management review for the development of free-market residential units in a mixed use project, 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 one free-market residential unit and one deed-restricted affordable housing unit on the roof of the Ajax Mountain Building, 520 E. Durant Avenue, Lots N-S, Block 96, City and Townsite of Aspen; and, Page I of5 1111111111111111111111 ~~:~~~;! ~125 JANICE K VOS CAUDILL PITKIN COUNTY CO R 26.00 D 0.00 WHEREAS, the Aspen Plamling 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. 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 City of Aspen Planning and Zoning Commission hereby approves a growth management review for the development of free-market residential units in a mixed use project, a growth management review for the development of affordable housing, and recommend that City Council approve the proposed subdivision and condominiumization to construct one free-market residential unit and one deed-restricted affordable housing unit on the roof of the Ajax Mountain Building, 520 E. Durant Avenue, Lots N-S, Block 96, City and Townsite of Aspen, subject to the conditions of approval contained herein. 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. b. The conditions of approval printed on the cover page of the building permit set. c. A drainage plan, prepared by a Colorado licensed Civil Engineer. A 5-year storm frequency should be used in designing any drainage improvements. d. A construction management plan meeting 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. Page 2 of5 111111111111111I1111 II ~~:~~~;! ~125 JANICE K vas CAUDILL PITKIN COUNTY CO R 26.00 00.00 e. A fugitive dust control plan to be reviewed and approved by the City Engineering Department. f. Accessibility and ADA requirements shall meet the building code requirements. Section 4: Dimensional Requirements The addition as presented complies with the dimensional requirements of the Commercial Core (CC) Zone District. Compliance with the allowable dimensional requirements will be verified by the City of Aspen Zoning Officer at the time of building permit submittal. Section 5: Affordable Housinl! The affordable housing unit shall be in compliance with the AspenlPitkin County Housing Authority's Employee Housing Guidelines. The Applicant shall record a deed restriction on the affordable housing unit at the time of recordation of the condominium plat and prior to the issuance of a Certificate of occupancy for the building, classifying the unit as a Category 4 unit (or below) and containing 1,110 square feet (necessary to comprise at least 30% of the floor area in the free-market residential unit to meet AH mitigation requirements). Included in the governing documents shall be language reflecting the potential for the unit to become an ownership 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 AspenlPitkin County Housing Authority prior to the issuance of a certificate of occupancy on any portion of the addition. The unit may be deed-restricted as a rental unit, but the unit shall become an ownership unit at such time as the owner 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 year. If the affordable housing unit is a "for-sale" unit, the unit's homeowners' association dues shall be a percentage of the free-market residential unit's dues equal to the affordable housing unit's market value compared to that of the free-market residential unit's market value in the complex. Section 6: Fire Mitil!ation The Applicant shall install a fire sprinkler system and alarm system that meets the requirements of the Fire Marshal. Section 7: 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 new units within the building shall have individual water meters. Section 8: 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 Page 3 of5 1111111111111111111111 :;~:~~~;! ~1: 25 JRNICE K VOS CAUDILL PITKHJ COUNTY CO R 26.00 0 0.00 ACSD lines shall be allowed. On-site utility plans require approval by ACSD. Below grade development may require installation of a pumping system. Shared service line agreements will be required where more than one unit is served by a single service line. Section 9: 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 10: 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. Section 11: 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 $6,359.00 prior to building permit issuance. The fee is assessed based on the following calculation: I Unit multiplied by $3,634 (three bedroom or larger fee) = $3,634.00 I Unit multiplied bv $2.725 (two-bedroom fee) = $2.725.00 Park Development Impact Fee= $6,359.00 Section 12: 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 13: 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 14: 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 4 of5 111111111111111I111111 ~;~~~~;~ :125 JANICE K VQS CAUDILL PITKIN COUNTY CO R 26.00 0 0.00 APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 6th day of June, 2006. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: ......~&~ City Attorney ~ ~{t1Pu k-:rt: r<;~c:;,:: J ATTEST: Ja 'e Lothian, Deputy City Clerk , Page 5 of5