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Resolution No. 20 RESOLUTION
(SERIES OF 2010) Janice K. Vos Caudill, Pitkin County, CO
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING GROWTH MANAGEMENT REVIEWS, SPECIAL REVIEW FOR
PARKING, AND FINAL COMMERCIAL DESIGN REVIEW FOR BLOCK 98,
LOT S AND EAST HALF OF LOT R, CITY AND TOWNSITE OF ASPEN, THE
PROPERTY COMMENLY KNOWN AS 632 EAST HOPKINS AVENUE, CITY
OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel No. 2737 - 073 -32 -006
WHEREAS, the Community Development Department received an application
from Rudin West, LLC, represented by David Johnston Architects, pc, requesting
approval for Conceptual Commercial Design Review; and
WHEREAS, the Applicant's property is located within the Commercial (C -1)
Zone District, and legally described as: City and Townsite of Aspen, Block 98, Lot S and
east half of Lot R, commonly known as 632 East Hopkins; and,
WHEREAS, during a duly noticed public hearing on July 20, 2010, the Planning
and Zoning Conunission reviewed the application upon recommendation from the
Community Development Department and approved Resolution No. 16, Series of 2010, by
a (4 - 0) vote, approving "Conceptual Commercial Design Review,"; and,
WHEREAS, the Applicant is now requesting approval for Growth Management
Quota System, Special Review for Parking, and Final Commercial Design review; 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 November 16 2010, the
Planning and Zoning Commission reviewed the application upon recommendation from the
Community Development Department and approved Resolution No. 20, Series of 2010, by
a (5 - 0) vote, approving "Conceptual Commercial Design Review,"; 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 Aspen Planning and Zoning Conunission finds that the
development proposal meets 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,
Resolution No. 20, Series 2010
Page 1 of 5
WHEREAS, the Aspen 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 Growth Management
Quota System (GMQS), Special Review for Parking, and Final Commercial Design
Review for the renovation and expansion of the building located at 632 East Hopkins
Avenue. The Growth Management reviews include:
a. Growth Management Review for Expansion or New Commercial Development:
For the addition of 434 square feet of Net Leasable area.
b. Growth Management Review for Free - Market Residential Units within a Mixed -
Use Project: For the addition of a newly created free - market residential unit of
1,999 square feet of Net Livable area.
c. Growth Management Review for Affordable Housing: For the mitigation of the
newly generated 2.26 employees.
Section 2: Building Permit Application
The building permit application shall include the following:
a. A copy of the final recorded approvals. This will include a Resolution from the
Planning and Zoning Commission as well as any recorded plats
b. The conditions of approval printed on the cover page of the building permit set.
c. If required, a drainage plan, including an erosion control plan prepared by a
Colorado licensed Civil Engineer, which maintains sediment and debris on -site
during and after construction.
d. As applicable, an excavation stabilization plan, construction management plan
(CMP), top of bank and stability of hillside plan, tree protection plan and drainage
and soils reports pursuant to the Building Department's requirements.
e. As applicable, a fugitive dust control plan to be reviewed and approved by the
Environmental Health Department.
f. As applicable, a detailed excavation plan that utilizes vertical soil stabilization
techniques, or other techniques, if appropriate and acceptable, for review and
approval by the City Engineer.
Resolution No. 20, Series 2010
Page 2 of 5
g. Accessibility and ADA requirements shall be addressed to satisfactorily meet
adopted building codes.
Section 3: Zoning Fees
Before Building Permit issuance, the Applicant shall pay the applicable zoning impact
fees for the newly created free - market unit and newly generated Net Leasable space.
These fees include:
1. Parks Development Fee
2. TDM/Air Quality Fee
3. School Lands Dedication Fee
Section 4: Public Amenity
The Applicant has been granted the authority to reduce the amount of on -site public
amenity space from 18% of the lot area to 16 %, or from 810 sq. ft. to 720 sq. ft.
respectively. The approved plan includes improvements to the public right -of -way that
establish a basis for this reduction and are reflected in Exhibit B.
Section 5: Off - street Parking:
The project has been approved with an off - street parking plan pursuant to a Special
Review. This plan includes two standard stalls in the enclosed garage, and a carport
consisting of two compact car stalls that are 7'6" x 16'2" each. This parking plan shall
satisfy 4 of the required 4.325 parking stalls. The remaining requirement of .325 parking
stalls shall be paid via a cash -in -lieu payment of $9,750.
Section 6: Growth Management Ouota System
The Project has been granted allotments for 434 square feet of Net Leasable area and the
creation of a free -market residential unit of 1,999 square feet of Net Livable Area. These
additions constitute an employee mitigation amount of 2.26 employees. The employee
mitigation shall be handled in the following manner:
1. The purchase and subsequent sale of a buy -down free -market residential unit in
Building 6 of the Hunter Creek Condominiums located at 613 Vine Street. This
unit is a two bedroom unit and shall satisfy 2.25 employees of the required 2.26.
The unit is sub - standard in size; however the Applicant shall reduce the sale price
to $245,000, and sell to a qualified buyer, as referenced in Exhibit D. The unit
shall be deed - restricted as "for sale" prior to the issuance of a Certificate of
Occupancy for the building located at 632 East Hopkins Avenue.
2. The remaining .01 employees shall be mitigated through a payment fee based on
the Category 4 rate established by the Aspen Pitkin County Housing Authority
Guidelines at the time of building permit submittal.
Section 7: Utility, Trash, and Recycle Service Area
The Project was granted a dimensional variance for the size of the utility, trash, and
recycle service area. The area is permitted to have a depth of 6 feet, as opposed to the
required depth of 10 feet.
Resolution No. 20, Series 2010
Page 3 of 5
Section 8: Engineering
Building permit submission shall be compliant with all sections of the City of Aspen
Municipal Code, Title 21 and all construction and excavation published by the
engineering department.
Section 9: Fire Mitigation
All codes adopted by the Aspen Fire Protection District shall be met. This includes but is
not limited to access (International Fire Code (IFC), 2003 Edition, Section 503),
approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907).
The latest Code in effect shall be used for the building permit submittal.
Section 10: 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.
Section 11: Sanitation District Requirements
Service is contingent upon compliance with the District's rules, regulations, and
specifications, which are on file at the District office.
Section 12:
Nothing in this approval shall exempt the development order from subsequent reviews and
approvals required by the general rules, regulations and ordinances or the City of Aspen
provided that such reviews and approvals are not inconsistent with this approval.
Sectionl3:
The establishment of a vested property right shall not preclude the application of ordinances
or regulations which are general in nature and are applicable to all property subject to land
use regulation by the City of Aspen including, but not limited to, building, fire, plumbing,
electrical and mechanical codes. In this regard, as a condition of this development approval,
the applicant shall abide by any and all such building, fire, plumbing, electrical and
mechanical codes, unless an exemption therefrom is granted in writing by the city.
Section 14:
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, 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 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.
Resolution No. 20, Series 2010
Page 4 of 5
APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 16
day of November, 2010.
APPROVED AS TO FORM: PLANNING AND ZONING
COMMISSION:
Jim True, Special Counsel Stan Gibbs, Chair
ATTEST:
r ckie ian, Deputy City Clerk
Attachments:
Exhibit A: Approved Final Architectural Elevations
Exhibit B: Approved Final Site and Landscape Plan
Exhibit C: Approved Carport Parking and Trash/Recycle Area
Exhibit D: Letter of Recommendation from the Aspen/Pitkin County Housing Authority
Resolution No. 20, Series 2010
Page 5 of 5
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Exhibit D
MEMORANDUM
TO: Drew Alexander
FROM: Cindy Christensen
THRU: Tom McCabe
DATE: September 21, 2010
RE: MITIGATION FOR DEVELOPMENT OF 632 EAST HOPKINS
ISSUE: Rudin West LLC's renovation of 632 East Hopkins will require mitigation of 2.26 FTE's.
BACKGROUND: The applicant is requesting approval for the renovation of an existing two -story
structure. It includes adding an additional level to the building, reworking the exterior, and adding
an adding a free- market residential unit to the top floor. Drew Alexander, the Community
Development Department planner, has provided information regarding the additional square
footage and what the required mitigation would be.
According to the Land Use Code, the mitigation required for the redevelopment of 632 East
Hopkins is 2.26 FTE's — 1.5 FTE's from the free- market and .76 FTE's from the net leasable
commercial area at 60 %. If 100% mitigation were required on the net - leasable commercial area, a
total of 2.82 FTE's would be required.
The applicant would like the ability to buy down the last free - market unit in Building 6 at Hunter
Creek. Unit 613 is the only free - market unit in a deed - restricted building. The two - bedroom unit
would mitigate at 2.25 FTE's. The unit is a fully remodeled unit and is in excellent shape. The unit
is a two- bedroom, one bath, 736 square foot unit. The current maximum sales price for a Category
4, two - bedroom unit is $287,000. Although this is a newly remodeled unit, the applicant has
recommended that the sales price be $245,000, $42,000 less than the maximum sales price. At the
2.26 FTE's, the developer would be .01 short. Fractional FTE's can be satisfied by the payment -in-
lieu fee; therefore, an additional $1,340.79 could be requested to be paid at building permit
approval.
RECOMMENDATION: The Board reviewed the application at their regular meeting held
September 15, 2010 and due to the newly remodeled condition of 613 Vine Street, recommends
approval with the following conditions:
1
1. 613 Vine Street, Hunter Creek, shall fully satisfy the mitigation requirement for the
redevelopment of 632 East Hopkins.
2. The unit shall be deed restricted at Category 4.
3. The unit will be marketed through the lottery process through APCHA with the maximum
sales price of $245,000.
4. An approval letter shall be provided by Hunter Creek Properties approving the deed
restriction on this specific unit.
2