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RESOLUTION NO. 20
(SERIES OF 2007)
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING A GROWTH MANAGEMENT REVIEW FOR FREE-MARKET
RESIDENTIAL UNITS IN A MIXED USE DEVELOPMENT FOR THE 307 S.
SPRING STREET SUBDIVISION, LOTS D-I, BLOCK 100, CITY AND
TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO
Parcel No. 2737-182-25-003
Parcel No. 2737-182-25-004
WHEREAS, the Community Development Department received an application
from 633 Spring II, LLC, represented by Stan Clauson Associates, Inc, requesting
approval of Commercial Design Review, Growth Management Reviews, Multi-year
Development Allotments, Condominiumization, and Subdivision to construct a three-
story mixed use building on the properties located at 307 S. Spring Street and 625 E.
Hyman Avenue, Lots D-I, Block 100, City and Townsite of Aspen; and,
WHEREAS, the subject properties contain approximately 18,000 total square
feet and are located in the Commercial (C-l) Zone District; and,
WHEREAS, the City of Aspen Planning and Zoning Commission passed
Resolution 28, Series 2006 approving Commercial Design Review, 2006 Commercial
Growth Management Allotments, twelve (12) 2006 Affordable Housing Growth
Management Allotments, one (1) 2006 Free-Market Growth Management Allotment, and
recommending City Council approve an "Exceptional Project or Multi-Year
Development Allotment" Growth Management Review for five (5) 2007 Free-Market
Growth Management Allotments and a Subdivision Review on November 7, 2007; and,
WHEREAS, on December 11 th, 2006 the Aspen City Council approved Ordinance
No. 49, Series 2006, on First Reading by a four to zero (4-0) vote, approving with conditions
the Multi-Year Growth Management Review, Subdivision and Condominiumization of
properties located at 307 S. Spring Street and 625 E. Hyman Avenue, Lots D-I, Block
100, City and Townsite of Aspen, CO; and,
WHEREAS, the City Council conducted public hearings on January 22nd, 2007,
February 12t\ 2007, and February 26th, 2007, and took public comment on Ordinance No.
49, Series of 2006, and on February 26th, 2007 the Aspen City Council did not approve
Ordinance No. 49, Series 2006, by a two to one (2 - 1) vote, approving with conditions
Multi-Year Development Allotments, and Subdivision for the development of a three-story,
mixed use building on Lots D-I, Block 100, City and Townsite of Aspen; and,
WHEREAS, during a regular City Council meeting on February 27th, 2007, the
Aspen City Council voted to reconsider the project on April 23rd, 2007 by a two (2) to one
(1) vote; and,
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RECEPTION#: 540762, 08/08/2007 at
11 :41 :33 AM,
1 OF 5, R $26.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
WHEREAS, on April 11th, 2007 the Applicant amended their application to
"renew" their growth management request to request five (5) Free-Market Residential
Allotments under the Growth Management Review "Free-Market Residential Units
within a Mixed-Use Project" separately from the approvals received in Resolution 28,
Series 2006; and
WHEREAS, the Community Development Director reviewed the amended
application and recommended approval of the five (5) Free-Market Residential Growth
Management Allotments, finding that application meets the standards for such a review;
and,
WHEREAS, during a duly noticed public hearing on June 5, 2007, the Planning
and Zoning Commission approved Resolution No. 20, Series of 2007, by a five to zero
(5-0) vote, approving with conditions, a Growth Management Review for five (5) Free-
Market Residential Units in a Mixed Use Development, for the development of a three-
story, mixed use building on Lots D-I, Block 100, 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,
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
five (5) Free-Market Residential Units in a Mixed Use Development for the development of
a three-story, mixed use building on Lots D-I, Block 100, City and Townsite of Aspen,
subject to the conditions contained herein.
Section 2: Resolution 28, Series 2006
All conditions of approval, with the exception of the Affordable Housing condition, listed
in Resolution 28, Series 2006 shall remain in effect for this project.
Section 3: Affordable Honsinl!: Conditions of Approval
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During a public hearing on February 12th, 2007 and February 26th, 2007 with City
Council, Affordable Housing unit mix was brought up as an issue and the City Council
requested changing the Affordable Housing mix from the original P&Z approvals in
Resolution 28, 2006. The Applicant agreed to the following condition, which is still in
effect:
The Applicant shall record a deed restriction on each of the twelve (12) affordable
housing units in conjunction with filing a condominium plat for the property and prior to
issuance of a certificate of occupancy on the affordable housing units. Three (3) of the
affordable housing units shall be Category 2, four (4) of the affordable housing units shall
be Category 3 units and five (5) of the affordable housing units shall be Category 4 units.
The owner shall have the right to choose the first purchaser on three (3) of the units for
the initial sale only. The households chosen shall be qualified through the Housing
Office and shall meet all of the following criteria:
a. Must have worked at least four years in Pitkin County prior to application,
b. Must meet all aspects of the category specified for the unit to be purchased,
c. Must meet minimum occupancy requirements, and
d. Must show verified proof that at least one person in the household works for a
business in the development at the time of the initial sale.
All re-sales shall go through the Housing Office in accordance with the APCHA lottery
process. All affordable housing units not subject to the right of first purchase as
described above shall be "for sale" units and sold through the APCHA lottery process.
A separate Homeowner's Association shall be established for the affordable housing
units. The affordable housing homeowners' association dues shall be a percentage of the
free-market residential development's dues equal to the affordable housing's market
value compared to that of the free-market residential component's market value in the
complex. If the Category 2 units are not sold within six months of Certificate of
Occupancy, the units may be utilized as rental units. At any time said Category 2 units
would be found to be out of compliance from the qualifications as specified in the
Guidelines, the units shall be marketed for resale through the lottery process.
Section 4: Buildinl!: Permit Application
The building permit application shall include the following:
a. A copy of the final Ordinance and P&Z Resolution 20, Series 2007, and P&Z
Resolution 28, Series 2006.
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.
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c. A tree removal permit as required by the City Parks Department and any approval
from the Parks Department Director for off-site replacement or mitigation of any
removed trees. The tree removal permit application shall be accompanied by a
detailed landscape plan indicating which trees are to be removed and new plantings
proposed on the site.
d. A drainage plan, including an erosion control plan and snow storage runoff 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.
e. A final construction management plan pursuant to the requirements described in
Section 6 ofthis resolution.
f. A fugitive dust control plan to be reviewed and approved by the Engineering
Department.
g. An excavation/stabilization plan prepared by a licensed Engineer.
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 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 6:
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 7:
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 June, 2007.
APPROVED AS TO FORM:
PLANNING AND ZONING
COMMISSION:
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ATTEST:
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ckie Lothian, Deputy City Clerk
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