HomeMy WebLinkAboutresolution.apz.015-08A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING WITH CONDITIONS GROWTH MANAGEMENT REVIEW FOR
THE ENLARGEMENT OF A HISTORIC LANDMARK AND GROWTH
MANAGEMENT REVIEW FOR AN AFFORDABLE HOUSING UNIT
LOCATED AT 604 WEST MAIN STREET, LOTS Q, R, AND S, BLOCK 24 CITY
AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO
PARCEL NO. 2735-124-44-008.
RESOLUTION NO. 15 (SERIES OF 2008)
WHEREAS, the Community Development Department received an application
from 604 West LLC, owned and operated by Neil Karbank and represented by Alan
Richman Planning Services and Stryker Brown Architects, requesting approval of
Growth Management Review for the Enlargement of a Historic Landmark for a Mixed
Use Development and Growth Management Review for Affordable Housing to enlarge
the historic landmazk by adding 2,975 of new net leasable commercial area and an
affordable housing unit; and,
WHEREAS, the Applicant received Commercial Design Standazd approval from
the Historic Preservation Commission on December 12, 2007; and,
WHEREAS, the Applicant received Major Development Conceptual, Relocation
and Demolition approval from the Historic Preservation Commission on December 12,
2007; and,
WHEREAS, the Applicant was granted setback variances by the Historic
Preservation Commission on December 12, 2007; and,
WHEREAS, the subject property is zoned MU (Mixed Use); and,
WHEREAS, the subject property is listed on the Aspen Inventory of Historic
Landmazk Sites and Structures; and,
WHEREAS, upon review of the application, and the applicable code standards,
the Community Development Department recommended approval with conditions, of the
land use requests; and,
WHEREAS, during a duly noticed public hearing on April 1, 2008, the Planning
and Zoning Commission approved Resolution No.15, Series of 2008, by a four to zero (4-0)
vote, approving Growth Management Review: the Enlargement of a Historic Landmark
for a Mixed Use Development and Growth Management Review: Affordable Housing,
for the development of two new commercial buildings and an affordable housing unit
consisting of a total of 4,335 square feet of net leasable area and approximately 1,200
square feet of affordable housing located on the property at 604 West Main Street, Lots
Q, R, and S, Block 24, City and Townsite of Aspen, CO; 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,
P& Z Resolution #I5, Series of 2008
Page 1 of 7
WHEREAS, the Aspen Planning and Zoning Commission finds that the
development proposal meets or exceeds all applicable development standazds 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 Aspen Planning and Zoning Commission finds that this resolution
furthers and is necessary for the promotion of public health, safety, and welfaze.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING
AND ZONING COMMISSION AS FOLLOWS:
Section 1•
Pursuant to the procedures and standazds set forth in Section 26 of the City of Aspen
Municipal Code, the Planning and Zoning Commission hereby approves with conditions a
Growth Management Review for the enlargement of a historic landmark for mixed use
development and a Growth Management Review for the development of affordable
housing for the property located at 604 West Main Street, Lots Q, R, and S, Block 24,
City and Townsite of Aspen, CO. The use mix and dimensional requirements shall
comply with the MU zone district, as included in the chart below. Specific square
footage requirements may be amended, pursuant to compliance with the MU zone
district.
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Minimum Lot 9,000 sq. ft. 3,000 sq. ft.
Size
Minimum Lot 90 ft. 30 ft.
Width
Minimum Lot 9,000 sq. ft. 3,000 sq. ft.
Area/Dwellin
Minimum Front 10 ft. 10 ft., which maybe reduced to 5 ft. pursuant
Yazd Setback to S ecial Review Section 26.430
Minimum Side 1 ft. (east side, HPC granted 6 ft. 8 in. (east side, corner)
Yazd Setback variance) 5 ft. (west side)
5 ft. (west side)
Minimum Reaz 0 ft.(for Historic Bam and AHU, 5 ft.
Yard Setback HPC ganted variance)
Maximum Height 25 ft or less 28 ft. for Commercial, which maybe increased
to 32 ft. by Commercial Design Review
25 ft. for Residential
Minimum
Distance between 10 ft. 10 ft.
Buildin son Lot
Pedestrian Minimum of 35% 25% (pursuant to Section 26.575.030, Public
Amenity S ace Ameni
Maximum Ap roximatel 7,800 or Maximum cumulative is 9,000 s . ft. or 1:1,
P& Z Resolution #15, Series of 2008
Page 2 of 7
Section 2: Building Permit Application
The building permit application shall include the following:
a. A copy of the HPC conceptual and final Resolution and a copy of the P&Z
Resolution.
b. The conditions of approval by HPC and P&Z printed on the cover page of the
building permit set.
c. A fugitive dust control plan to be reviewed and approved by the City Engineering
Department.
d. Improvements to the right of way shall include new grass, irrigation, and possibly
the replacement of street trees, and shall be approved prior to building permit
submittal. Improvements to the Main Street right of way will require over site by
the City Forester. Detail root zones of trees in the right of way that may be
impacted by the improvements.
e. An excavation-stabilization plan, construction management plan (CMP), and
drainage and spoils report pursuant to the Building Department's requirements.
The CMP 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. The
construction management plan shall also identify that the adjacent sidewalks will
be kept open and maintained throughout construction. Staging areas will be
identified in the plan, and shall indicate that the alley shall not be closed during
construction. No stabilization will be permitted in the City right of way. Storm
run off must be addressed.
f. A complete geotechnical report and geotechnical design need to be part of the
permit submittal plan.
g. Accessibility and ADA requirements shall meet adopted Building Code
requirements.
h. An approved Landscape Plan.
Section 3: Dimensional Requirements
The building as presented in the plans contained within the application complies with the
dimensional requirements of the Mixed Use (MU) zone district, with the exception of the
setback variances granted by the Historic Preservation Commission via Resolution #43
Series of 2007. Compliance with these requirements will be verified by the City of
Aspen Zoning Officer at the time of building permit submittal.
P& Z Resolution #15, Series of 2008
Page 3 of 7
Sectiou 4: Trasb/Utility Service Area
The trash containers shall be wildlife proof and meet the Certificate of Appropriateness
regulations pertaining to size and security.
Section 5: Sidewalks, Curb, and Gutter
The sidewalks shall be upgraded to meet the City Engineer's standards, HPC
recommendations and ADA requirements, and prior to issuance of a Building Permit, the
applicant shall provide plans that meet the approval of the City Engineer. Such
improvements shall be made prior to a Certificate of Occupancy on any of the units
within the development.
Section 6: Affordable Housing
A. The affordable housing requirements of the project shall be met with provision of one
unit. The Applicant shall provide a three bedroom, Category 4, 1,200 squaze feet unit as
represented in their application.
B. The unit is permitted to be rental with the following conditions:
a. The unit will be deed-restricted as Category 4 to be approved by APCHA and
finalized at time of Final approval.
b. The deed-restriction will allow for the unit to become an ownership unit at such
time the owners would request this change and/or at such time the APCHA deems
the unit out of compliance over a period of one yeaz. If the unit is found to be out
of compliance for one year, or the owner elects to sell the unit, the unit would be
listed for sale with the Housing Office as specified in the deed restriction. If the
unit is being sold due to non-compliance, the sales price will be based upon the
price from the day the non-compliance began. If the unit is being sold due to non-
compliance, the unit will be sold through the lottery system. If the owner elects to
sell the unit, the owner may choose the first buyer only the household qualifies
under the top priority for that specific unit.
c. An agreement will be established between the owners of the commercial space and
APCHA regarding the tenancy of the affordable housing unit. At NO time will the
tenancy of that unit be tied to any specific employer. If the owner cannot find a
qualified a tenant, the owner will contact APCHA and the unit(s) will be filled
through APCHA's normal advertising process.
d. Two reserved parking spaces would be preferred for the affordable housing unit;
however, one pazking space is required by the Code and the HPC has approved one
parking space for the affordable housing unit.
e. The units shall be owned by an Association and managed by that Association;
however, the applicant must provide to APCHA, at final approval, more detail of
maintaining and managing said unit.
f. Each tenant in the rental unit will be required to be requalified by APCHA on a
yearly basis.
P& Z Resolution #15, Series of 2008
Page 4 of 7
g. Minimum occupancy for the three-bedroom unit is required (i.e., a household of
three consisting of all working adults or a family). Should the unit become a "for
sale" unit, the top priority for the unit is a household of three with at least one a
dependent as defined in the Aspen/Pitkin County Housing Guidelines.
h. The governing documents shall be drafted to reflect the potential for the rental unit
to become an ownership unit. These governing documents shall be reviewed and
approved by APCHA.
i. Should the rental unit become an ownership unit, the APCHA or the City of Aspen
can elect to purchase the unit for rental to qualified households in accordance with
the APCHA Housing Guidelines.
j. As long as the affordable housing unit remains as a rental unit, the APCHA or the
applicant shall structure a deed restriction for the unit such that an undivided
1/lOr~ of 1 percent interest in the ownership of the unit is deed restricted in
perpetuity to the Aspen/Pitkin County Housing Authority; or until such time the
unit becomes an ownership unit; or the applicant may propose any other means
that the Housing Authority determines acceptable.
k. Language shall be provided in the Protective Covenants covering the unit's
assessments upon the unit becoming a "for sale" unit. The assessments shall be
based on the value of the commercial space compazed to and in proportion to the
value of the deed-restricted unit. This language shall be required in the approval and
in the Covenants associated with the project and allow for the same voting
representation commercial space if the unit becomes a "for sale" unit. No changes to
this restriction would be allowed without APCHA's approval.
C. The affordable housing unit shall receive a Certificate of Occupancy prior to or at the
same time as the newly developed commercial space. A deed restriction shall be
recorded prior to the Certificate of Occupancy and, if applicable, at the same time as the
recordation of the Condominium Plat.
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. within the building shall have individual water meters.
Section 8: Sanitation District Requirements
a. Service is contingent upon compliance with the Aspen Consolidated Sanitation
District's (ACSD) rules, regulations, and specifications, which are on file at the
District office. ACSD will review the approved Drainage plans to assure that clear
water connections (roof, foundation, perimeter, patio drains) are not connected to the
sanitary sewer system.
b. On-site utility plans require approval by ACSD.
P& Z Resolution #15, Series of 2008
Page 5 of 7
c. Oil and Sand separators are required for parking gazages and vehicle maintenance
establishments. Driveway entrance drains must drain to drywells. Elevator shaft
drains must flow through oil and sand interceptors.
d. Old service lines must be excavated and abandoned at the main sanitary sewer line
according to specific ACSD requirements before any and all sol stabilization
measures are attempted and prior to ACSD releasing any and all permits. Below
grade development may require installation of a pumping system. One tap is allowed
for each building. Shared service line agreements may be required where more than
one unit is served by a single service line. Permanent improvements are prohibited in
sewer easements or right of ways.
e. Landscaping plans will require approval by ACSD where soft and hazd landscaping
may impact public ROW or easements to be dedicated to the district.
f All ACSD fees must be paid prior to the issuance of a building permit.
g. The glycol heating and snow melt system must be designed to prohibit and discharge
of glycol to any portion of the public and private sanitazy sewer system. The glycol
storage azeas must have approved containment facilities.
h. Soil Nails are not allowed in the public ROW above ACSD main sewer lines.
Section 9: Exterior Lighting
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: Landscaping
a. Proposed on grade improvements need to be designed with the maximum protection
of the root zones around the cottonwood trees. Plans shall identify impacts to water
and air absorption into the soil as well as root impacts.
b. Prior to any the issuance of any demolition or building permits, tree removal will be
approved by the Parks Department. Mitigation for removals will be paid through
cash-in-lieu or on site with street trees.
c. A formal plan indicating the location of the tree protection, and the location of trees
and the drip line of the trees in relationship to the existing structure and proposed
structures, will be required for the building permit set.
Section 11: Park Development and TDNUAir Ouality Impact Fee
Pursuant to Land Use Code Section 26.610, Impact Fees, the Applicant shall pay a park
development impact fee and a TDM/Air Quality impact fee prior to building permit
issuance. The fee shall be calculated according to the fee schedule in Land Use Code
Section 26.610.09 0, Fee Schedule.
Section 12: School Lands Dedication Fee
Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall
pay afee-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 ]and including site
improvements, but excluding the value of structures on the site.
P& Z Resolution #15, Series of 2008
Page 6 of 7
Section 13:
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 Historic
Preservation 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 14:
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 15:
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 on this ls~ day
of April, 2008.
APPROVED AS TO FORM:
ames R. True, Special Counsel
ATTEST:
PLANNING AND ZONING
COMMISSION:
s ,Chair ~
~r ~,bbs
~ ~ ~~~.L~
a ie Lothian, Deputy City Clerk
P& Z Resolution #15, Series of 2008
Page 7 of 7