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HomeMy WebLinkAboutresolution.apz.007-07 1111111111111111111111 ::~~~~:!:3: 12 JFlNlCE K vas CAUDILL PITKIN COUNTY CO R 16,00 0 0.00 RESOLUTION NO.7 (SERIES OF 2007) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING A SUBSTANTIAL AMENDMENT TO THE GROWTH MANAGEMENT APPROVALS FOR 111 WEST HYMAN A VENUE, A.K.A. "THE SNARE GROWTH MANAGEMENT APPLICATION," LOCATED AT 111 WEST HYMAN AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel 10: 2735-124-69-018 WHEREAS, the Community Development Department received an application from III W. Hyman, LLC, the owners of property located at III West Hyman Avenue, and from Jennifer Hall, owner of a property located at 725 East Durant Avenue known as Chateau Dumont Unit 22A, for a substantial amendment to the growth management approvals for the property located at III West Hyman; and, WHEREAS, the application proposed to eliminate the rental affordable housing unit from the property at III West Hyman Avenue in exchange for deed restricting to Category 3 affordable housing classification Unit #22A of Chateau Dumont; and, WHEREAS, the Community Development Department received referral comments from the Aspen/Pitkin County Housing Authority; and, WHEREAS, the Community Development Department reviewed the request for a substantial amendment to the Growth Management approvals for III West Hyman Avenue, pursuant to Section 26.470.040.C.7 & 8 of the City of Aspen Land Use Code and recommended to the City of Aspen Planning and Zoning Commission approval with conditions; and, WHEREAS, pursuant to Section 26.470.040.C of the Land Use Code, Growth Management approval may be granted by the Planning and Zoning Commission at a duly noticed public hearing after considering recommendations by the Community Development Director, and relevant referral agencies; and, WHEREAS, during a regular meeting on March 20, 2007, the Planning and Zoning Commission opened a duly noticed public hearing, received a recommendation from the Community Development Director, considered the presentation of the applicant, took and considered public testimony, and reviewed the application according the applicable review criteria and approved the application by a four to one (4-1) vote, with the conditions listed hereinafter; 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 that the Planning and Zoning Commission approves a substantial amendment to the III West Hyman Avenue Growth Management P&Z Resolution No.7, Series of 2007. Page 1 ,,..,.~ approval (also known as "the Snare Growth Management application"), subject to the conditions listed below. "'- Section 1: 111 West Hvman Avenue Commensurate with recording of the deed restriction for 725 E. Durant, Unit 22A, a release of the deed restriction on the employee unit located at III W. Hyman shall be recorded. The structure shall be physically changed to prohibit separate occupancy ofthe employee unit by removing the kitchen in the unit. The former unit may by physically integrated into the remaining free-market unit. A building permit shall be required for such work. The property shall conform to all zoning building regulations of the City, as amended from time to time. Section 2: Unit #22 Chateau Dumont Commensurate with rescinding the deed restriction for the employee unit located at III West Hyman Avenue, Chateau Dumont Unit #22A shall be deed restricted as a Category 3 affordable housing ownership unit. Transfer of ownership of Chateau Dumont #22A shall be according to the Lottery process of the Aspen/Pitkin County Housing Authority. The maximum initial sales price for the Category 3 unit shall be no higher than $100,000. ...... Section 3: 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 Community Development Department or the Aspen 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 other specific conditions. Section 4: This Resolution shall not affect any eXlstmg 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 5: 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. [signatures on following page] 111111111111111I111111 ::~~~~:~:3: 11 JFlNICE K vas CAUDILL PITKIN COUNTY CO R 16.00 0 0.00 ,.,.- -- P&Z Resolution No.7, Series of 2007. Page 2 ....- I - "- APPROVED by the Commission at its regular meeting on March 20, 2007. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: / I. P"k-- ames True, Asst. City Attomey :f?<.tkKyid~j? /L Ruth Kruger, Chai ATTEST: .<",.""" \'J'111'j'~'J~~t:,,, - - P&Z Resolution No.7, Series of 2007. Page 3 ,.- NOTICE OF APPROVAL "- For An Insubstantial Amendment to Growth Management Development Order for 111 West Hyman Avenue, an Amendment to Resolution No.7, Series of 2007 Parcel 10 No. 2735-124-69-018 APPLICANT: Jennifer Hall REPRESENTATIVE: Alan Richman SUBJECT OF AMENDMENT: Condominium Unit 22a, Chateau Dumont Apartments, 725 E. Durant Avenue, Resolution No.7, Series of 2007 . ,,"-, SUMMARY: Jennifer Hall has requested an Insubstantial Amendment of a Growth Management Development Order for I I 1 West Hyman Avenue, an Amendment to resolution No.7, Series of 2007. The application proposed to eliminate the rental affordable housing unit from the property at III West Hyman in exchange for deed restricting to Category 3 affordable classification Unit #22A of Chateau Dumont. The applicant/owner has requested permission to be allowed to select the initial buyer for Unit #22A instead of an open lottery process through Aspen Pitkin County Housing Authority. APCHA approval was granted on June 6, 2007 to allow the applicant to proceed with amending Resolution No.7 to allow for the owner to select the initial buyer. Existing Language in Resolution No.7, Series of2007 Section 2: #Unit 22 Chateau Dumont Commensurate with rescinding the deed restriction for the employee unit located at III West Hyman Avenue, Chateau Dumont Unit 22A shall be deed restricted as a Category 3 affordable housing ownership unit. Transfer of ownership of Chateau Dumont #22A shall be according to the Lottery process of the Aspen Pitkin County Housing Authority. The maximum initial sales price for the Category 3 unit shall be no higher than 100,000. ~ New Lammal!e in resolution No.7, Series of2007 Section 2: #Unit 22 Chateau Dumont Commensurate with rescinding the deed restriction for the employee unit located at III West Hyman Avenue, Chateau Dumont Unit 22A shall be deed restricted as a Category 3 affordable housing ownership unit. The initial transfer of ownership of Chateau Dumont #22A to a buyer selected by the applicant/owner, Jennifer Hall, shall be according to the requirements of the Aspen Pitkin County Housing Authority. The maximum initial sales price for the Category 3 unit shall be no higher than $100,000. STAFF EVALUATION: In order to amend specific language of the resolution that approved the Growth Management allotment originally, an Insubstantial Amendment of a Growth Management Development Order must be approved. Staff supports the proposed amendment because it is minor in nature, has been approved by APCHA and meets the criteria for an insubstantial amendment pursuant to section 26.470.140 of the City of Aspen Land Use Code. DECISION: The Community Development Director finds the Insubstantial Amendment of a Growth Management Development Order to be consistent with the review criteria (Exhibit C) and with approval from APCHA and thereby, APPROVES the amendment as specified below. '."",," -...v APPROVED BY: QMVV1~ Co! \\.01- Date Chris Bendon Community Development Director APPROVED Attachments: Exhibit A - Resolution No.7, Series of2007 Exhibit B - APCHA minutes Exhibit C - Review Criteria JUN 1 1 2007 COMMUNITY DEVELOPMENT DIRECTOR CITY OF ASPEN ---. ....,I 2 EXHIBIT C 26.470.140 Amendment of a Growth Management Development Order. A. Insubstantial Amendment. An insubstantial amendment to an approved growth management development order may be authorized by the Community Development Director if: 1. The change conforms to all other provisions of the Land Use Code and does not exceed approved variations to the Residential Design Standards, require an amendment to the Commercial Design Review approval, or such variations or amendments have been approved. 2. The change does not alter the number, size, type or deed restriction of the proposed affordable housing units or those changes have been accepted by the Aspen/Pitkin County Housing Authority. ..-.""'" 3. The change is limited to technical or engineering considerations discovered prior to or during actual development that could not reasonably be anticipated during the review process, or any other minor change that the Community Development Director finds has no substantial effect on the conditions and representations made during the original project review. -.. B. Substantial Amendment. All other amendments to an approved growth management development order shall be reviewed pursuant to the terms and procedures of this Chapter. Allotments granted shall remain valid and applied to the amended application, provided the amendment application is submitted prior to the expiration of vested rights. Amendment applications requiring additional allotments, or allotments for different uses, shall obtain those allotments pursuant to the procedures of this Chapter. ""., 3 -'..'.'-<-..> -",.,_._,~_._...__...-~....... 1111111111\ 111\\111\111111111111111111 \1111111111 \111 ::~~~~;~:3: 12 JRNICE KVOS CAUDI~~ PITKIN COUNTY CO R 16.00 C 0.00 E)(HI(lIT A RESOLUTION NO.7 (SERIES OF 2007) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING A SUBSTANTIAL AMENDMENT TO THE GROWTH MANAGEMENT APPROVALS FOR III WEST HYMAN AVENUE, A.K.A. "THE SNARE GROWTH MANAGEMENT APPLICATION," LOCATED AT III WEST HYMAN AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel 10: 2735-124-69-018 '-,.,. WHEREAS, the Community Development Department received an application from III W. Hyman, LLC, the owners of property located at III West Hyman Avenue, and from Jennifer Hall, owner of a property located at 725 East Durant Avenue known as Chateau Dumont Unit 22A, for a substantial amendment to the growth management approvals for the property located at III West Hyman; and, WHEREAS, the application proposed to eliminate the rental affordable housing unit from the property at III West Hyman Avenue in exchange for deed restricting to Category 3 affordable housing classification Unit #22A of Chateau Dumont; and, WHEREAS, the Community Development Department received referral comments from the Aspen!Pitkin County Housing Authority; and, WHEREAS, the Community Development Department reviewed the request for a substantial amendment to the Growth Management approvals for III West Hyman Avenue, pursuant to Section 26.470.040.C.7 & 8 of the City of Aspen Land Use Code and recommended to the City of Aspen Planning and Zoning Commission approval with conditions; and, WHEREAS, pursuant to Section 26.470.040.C of the Land Use Code, Growth Management approval may be granted by the Planning and Zoning Commission at a duly noticed public hearing after considering recommendations by the Community Development Direc10r, and relevant referral agencies; and, WHEREAS, during a regular meeting on March 20, 2007, the Planning and Zoning Commission opened a duly noticed public hearing, received a recommendation from the Community Development Director, considered the presentation of the applicant, took and considered public testimony, and reviewed the application according the applicable review criteria and approved the application by a four to one (4-1) vote, with the conditions listed hereinafter; and, WHEREAS, the Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. ..g Q) A ~ 't;::) Q) ~ I Q) "X NOW, THEREFORE BE IT RESOLVED that the Planning and Zoning Commission approves a substantial amendment to the III West Hyman Avenue Growth Management Paz Resolution No.7, Series of 2007. Page 1 RECEPTION#: 539260, 06/25/2007 at 09:32:13 AM, 1 OF 6, R $31.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO -. -,'. ..', ."~..,,,.... ~.-,..~_.-"",,,-_.,........--.....,.......,"~.._... approval (also known as "the Snare Growth Management application"), subject to the conditions listed below. ~ '""'" Section I: III West Hvman Avenue Commensurate with recording of the deed restriction for 725 E. Durant, Unit 22A, a release of the deed restriction on the employee unit located at III W. Hyman shall be recorded, The structure shall be physically changed to prohibit separate occupancy of the employee unit by removing the kitchen in the unit. The former unit may by physically integrated into the remaining free-market unit. A building permit shan be required for such work. The property shall conform to an zoning building regulations of the City, as amended from time to time, Section 2: Unit #22 Chateau Dumont Commensurate with rescinding the deed restriction for the employee unit located at III West Hyman Avenue, Chateau Dumont Unit #22A shall be deed restricted as a Category 3 affordable housing ownership unit. Transfer of ownership of Chateau Dumont #22A shall be according to the Lottery process of the AspenlPitkin County Housing Authority, The maximum initial sales price for the Category 3 unit shall be no higher than $100,000. Section 3: 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 Community Development Department or the Aspen 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 other specific conditions. ~ Section 4: 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 5: 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. [signatures on following page] 1111\\\ 11\ 11\1\ 1111\ II 1111111111 II \\1\ II ::~~~~;~:3: 1~ JANICE K VOS CAUDILL PITKIN COUNTY co R 16.00 D 0.8 . ~ Paz Resolution No.7, Series of 2007. Page 2 . ,,' APPROVED by the Commission at its regular meeting on March 20, 2007. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: tt-~YdL~f'/L Ruth Kruger, Chai ~., - ~ ~ ATTEST: ie Lothian, Deputy City Clerk \'J'I"lll'''~~;~~M:'.''