HomeMy WebLinkAboutresolution.hpc.011-2018 RESOLUTION NO. 11
(SERIES OF 2018)
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION GRANTING
APPROVAL FOR A SUBSTANTIAL AMENDMENT TO FINAL MAJOR DEVELOPMENT,
FINAL COMMERCIAL DESIGN REVIEW, AND GROWTH MANAGEMENT DEVELOPMENT
ORDER FOR 517 E HOPKINS AVENUE, LOTS D, E, AND F, BLOCK 94, CITY AND TOWNSITE
OF ASPEN, PITKIN COUNTY, COLORADO
Parcel ID: 2737-073-40-003
WHEREAS, on September 21 , 2015 the Community Development
Department received an application from 517 E. Hopkins Aspen, LLC (Applicant),
for the following land use approvals related to the demolition and replacement
of the existing building at 517 E. Hopkins Avenue, Lots D, E, And F, Block 94, City
and Townsite of Aspen, Pitkin County, Colorado (the "Subject Property"):
• Conceptual Commercial Design, pursuant to Aspen Municipal Code
Chapter 26.412;
• Conceptual Major Development, pursuant to Aspen Municipal Code
Chapter 26.415;
• Mountain View Plane Exemption, pursuant to Aspen Municipal Code
Chapter 26.435; and
WHEREAS, Conceptual approval was granted by the Historic Preservation
Commission on December 9, 2015 via HPC Resolution No. 31 , Series 2015; and
WHEREAS, on May 8, 2016, the Community Development Department
received an application from 517 E. Hopkins Aspen, LLC for the following land use
approvals:
• Final Commercial Design, pursuant to Aspen Municipal Code Chapter
26.412;
• Final Major Development, pursuant to Aspen Municipal Code Chapter
26.415;
• Growth Management Review, pursuant to Aspen Municipal Code Chapter
26.470;
• Certificates of Affordable Housing Credit, pursuant to Aspen Municipal
Code Chapter 26.540, and;
WHEREAS, Final approval was granted by the Historic Preservation
Commission on September 14, 2016 via HPC Resolution No. 28, Series 2016. A
1111111111111111111111111111111 111111 Historic Preservation Commission
RECEPTION#: 650171, R: $103.00, D: $0.00 Resolution #_,Series 2018
DOC CODE: RESOLUTION Page 1 of 7
Pg 1 of 19,09/07/2018 at 09:59:51 AM
Janice K.Vos Caudill, Pitkin County, CO
Development Order was issued by the Community Development Director and
remains in effect until September 23, 2019; and
WHEREAS, all previous code citation references are to the Aspen Municipal
Code in effect on the day of initial application - September 21 , 2015, as
applicable to this Project; and,
WHEREAS, on July 11 , 2018, the Community Development Department
received an application from 517 E. Hopkins Aspen, LLC, for the following land use
approvals to modify the approved building program and design:
• Substantial Amendment, Major Development Review, pursuant to Aspen
Municipal Code Chapter 26.415;
• Substantial Amendment, Commercial Design Review, pursuant to Aspen
Municipal Code Chapter 26.410;
• Amendment to a Growth Management Development Order, pursuant to
Aspen Municipal Code Chapter 26.475; and
WHEREAS, the Community Development Director determined the
application to be eligible for review as Minor Amendment pursuant to current
Aspen Municipal Code Section 26.304.070.A.1 , under which a project within the
period of pendency may propose a Minor Amendment and be reviewed under
the original land use code in effect during the initial approval for the site specific
development plan. This determination is only applicable to the extent that the
project is an essential public facility, with the building primarily devoted to City of
Aspen offices and associated uses; and
WHEREAS, pursuant to Aspen Municipal Code Chapter 26.304, Common
Development Review Procedures, and Section 26.304.060.B.1 , Modification of
Review Procedures, all necessary land use reviews, as identified herein, have
been combined to be considered by the Historic Preservation Commission at a
duly noticed public hearing after considering recommendations by the
Community Development Director and relevant referral agencies; and,
WHEREAS, such combination of review procedures was done to ensure
clarity of review, was accomplished with all required public noticing provided as
evidenced by an affidavit of public noticing submitted to the record, and the
public was provided a thorough and full review of the proposed development;
and,
WHEREAS, in preparing a recommendation to the Historic Preservation
Commission, the Community Development Department received updated
referral comments from City Engineering, Environmental Health, Public Works
Department, and APCHA; and,
Historic Preservation Commission
Resolution #_,Series 2018
Page 2 of 7
WHEREAS, the Aspen Community Development Department reviewed the
proposed Application and recommended approval with conditions; and,
WHEREAS, the Historic Preservation Commission reviewed the Application at
a duly noticed public hearing on August 1 , 2018, during which the
recommendations of the Community Development Director and comments from
the public were requested and heard by the Historic Preservation Commission;
and,
WHEREAS, during a duly noticed public hearing on August 1 , 2018, the
Historic Preservation Commission approved Resolution No. 11 , Series of 2018, by a
7 to 0 vote granting approvals for Substantial Amendment to Final Major
Development, Final Commercial Design Review, and Growth Management
Development Order with the conditions of approval listed hereinafter, including
all relevant conditions contained within the vested approval granted to this
project through Resolution No. 28, Series of 2016.
NOW, THEREFORE BE IT RESOLVED BY THE HISTORIC PRESERVATION COMMISSION OF
THE CITY OF ASPEN, COLORADO THAT:
Section 1: Approvals
Pursuant to the procedures and standards set forth in Title 26 of the Aspen
Municipal Code, the Historic Preservation Commission hereby grants Substantial
Amendment to Final Major Development, Final Commercial Design Review, and
Recommends City Council Approve an Amendment to a Growth Management
Development Order for the final design as depicted on Exhibit A attached and
as represented through the approval process, including representation of the
project as an essential public facility, and subject to the conditions of approval
as listed herein, including:
1 . Develop some variety in material or features on the alley facade, for review
and approval by staff and monitor.
2. Restudy the center module of the north fagade to reduce the scale of the
glazing wall in conformance with the design guidelines, for review and
approval by staff and monitor.
3. Final materials for the proposed on-site and off-site public amenity spaces
shall be approved by staff and monitor.
The applicant acknowledges that this Amendment has been approved in
contemplation of the City of Aspen's ("City") potential purchase of a portion of
the Subject Property for use as an Essential Public Facility. If the contract between
the City and the Applicant for the City's purchase of a portion of the Subject
Property is terminated for any reason, or the applicant or City chooses to end the
Historic Preservation Commission
Resolution#_,Series 2018
Page 3 of 7
contract negotiations prior to the expiration of Vested Rights for the project as
approved per HPC Resolutions 31 , Series of 2015 and 28, Series of 2016, the
approvals granted by this resolution will be null and void and applicant will retain
the right to submit a complete building permit application for the approvals
granted by HPC Resolutions 31 , Series of 2015 and 28, Series of 2016 until Vested
Rights expire on September 22, 2019.
Section 2: Growth Management Allotment and Reconstruction Credit
The existing development provides 12,756 square feet of net leasable area and
may be credited toward the proposed development. Any reconstruction credit
shall be valid for one (1 ) year following issuance of a demolition permit, pursuant
to Chapter 26.470.130. Existing and proposed net leasable and essential public
facility calculations shall be verified with the Zoning Officer at time of building
permit. The project includes a total of 19,582 sq ft of space, broken down as
follows for the purposes of GMQS allotments: 2,250 sq ft of commercial net
leasable space and 17,332 sq ft of essential public facility space.
Section 3: Employee Generation and Mitigation
The Historic Preservation Commission has determined that the Employees
Generated, pursuant to Land Use Code Sections 26.470.100 and 26.470.070.5, is
31 .24 FTEs (5 FTEs required for Multi-Family Replacement, and 26.24 generated by
the essential public facility space). The rate of affordable housing mitigation
required for the new development is determined by the City Council. The
mitigation shall be provided with credits from existing housing that the city has in
its inventory and has not been assigned to other projects.
The Historic Preservation Commission recommends an employee audit for the
essential public facility space be provided to the Aspen Pitkin County Housing
Authority (APCHA) at least twice within ten (10) years after Certificate of
Occupancy for the building (preferably at 5 and 10 years after CO). A baseline
of current City of Aspen employees - full- and part-time - will be provided to
APCHA prior to building permit issuance. The audit shall include all employees -
full- and part-time - working out of the building. The hours would be added and
then divided by 2,080 to get the FTE count. If the audits show additional
employees above the baseline, additional mitigation shall be required. Mitigation
can be satisfied by utilizing existing deed restricted units provided by the City
housing credits.
APCHA shall request the audit from the City. Failure to request the audit shall not
render any of the approvals invalid. The City shall provide the Housing Authority
and the Community Development Department with the audit report. The Housing
Authority and Community Development Department shall forward the audit to
the Housing Board and/or City Council for review, as applicable. Any costs for the
audit shall be paid by the applicant.
Historic Preservation Commission
Resolution #_,Series 2018
Page 4 of 7
Section 4: Public Amenity
The project has a 900 sq. ft. (10%) public amenity requirement. A portion of the
required Public Amenity (285 sq. ft. or 3.20) will be provided onsite, located in front
of the entrance to the upper and lower levels. The remaining Public Amenity
requirement will be mitigated through off-site improvements to the adjacent right-
of-way, to be approved by the Parks and Engineering Departments, staff and
monitor. The final calculation of existing and proposed Public Amenity shall be
confirmed by the Zoning Officer at the time of building permit review, in
accordance with the Land Use Code.
Section 5: Utility, delivery and trash service provision
A 215 square foot trash and recycling area, as depicted in the land use application,
is approved. A transformer, meeting the requirements of the Public Works
Department, shall be provided on the site.
Section 6: Parking
The property currently has no on-site parking spaces, and demolition and
replacement of the existing building allows for an equal area of the new building
to be exempt from parking requirements up to 12.76 parking spaces.
The parking required by the building expansion of 6,826 square feet is to be
established, varied or waived as deemed appropriate by HPC based on
applicable review criteria for an essential public facility. HPC has determined that
payment of a cash-in-lieu fee for 6.83 parking spaces at $30,000 each, as would
be required of any other office use in the Commercial Core is appropriate. The
cash-in-lieu fee will be paid at the time of building permit.
Section 7: TIA
As noted in Sections 2 and 6, above, a credit of 12,756 square feet of net leasable
space will be applied to this project, and no parking or TIA mitigation is required
for that area. In addition, the proposed removal and off-site replacement of the
existing affordable housing units reduces trip generation to the site. TIA mitigation
is only required for new space. 25.11 trips are generated. The applicant has
provided a preliminary proposal to mitigate 20.61 trips through a variety of
actions, and to pay a cash-in-lieu fee for 4.51 unmitigated trips. The Engineering
Department will work with the applicant to finalize the TIA at the time of building
permit, ensuring that all proposed TIA measures are appropriate and applicable
to the project and that any unmitigated trips will be addressed through a cash in
lieu payment.
Section 8: Parks
Historic Preservation Commission
Resolution#_,Series 2018
Page 5 of 7
Silva cells with tree plantings are required. City Forester will determine species and
spacing. Irrigation is required. Electric outlets/stanchions shall not interfere with
long term growth of trees. Water line shall run midway between trees to minimize
future impacts.
Section 9: ACSD
A potential location for a grease trap (subgrade) shall be included in the building
permit application to allow flexibility for future conversion of the commercial/retail
spaces to restaurant.
Old service lines must be excavated and abandoned at the main sanitary sewer
line according to specific ACSD requirements.
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.
Landscaping plans will require approval by ACSD where soft and hard
landscaping may impact public ROW or easements to be dedicated to the
district.
Glycol heating and snow melt systems must be designed to prohibit and
discharge of glycol to any portion of the public and private sanitary sewer system.
The glycol storage areas must have approved containment facilities.
Soil Nails are not allowed in the public ROW above ASCD main sewer lines and
within 3 feet vertically below an ACSD main sewer line.
Section 10: Vested Rights
This approval shall not extend the Vested Rights provided to this development
through a Development Order issued by the Community Development Director
on September 22, 2016 and expiring on September 22, 2019.
Section 11:
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 and the 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 other specific conditions or an authorized
authority.
Section 12:
Historic Preservation Commission
Resolution #_,Series 2018
Page 6 of 7
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 13:
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 COMMISSION at its regular meeting on the 1st day of August,
2018.
Approved o orm: Approved as to content:
A drea Bryan, Assistant City Attorney Gret en Green Chair
Nicole Henning, Deputy dity Clerk
Attachments:
Exhibit A: Approved final elevations and floor plans
Historic Preservation Commission
Resolution #_,Series 2018
Page 7 of 7
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