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HomeMy WebLinkAboutcoa.lu.gm.630 E Hyman.0001.2011 THE CITY OF ASPEN City of Aspen Community Development Department O '• 2011. AsLy CASE NUMBER airs— PARCEL ID NUMBER 2737 182 12 007 PROJECTS ADDRESS 630 E. HYMAN PLANNER AMY GUTHRIE CASE DESCRIPTION GMQS EXCEMPTION REPRESENTATIVE MITCH HAAS DATE OF FINAL ACTION 1.14.11 CLOSED BY ANGELA SCOREY ON: 01.2611 2737 182 12 007 0001.2011.ASLU File Edit Record Navigate Form Reports Format Tab Help ;v ►X I cu J—Ii :A lump1 :41:016i cigar Ag Q ri Routing Status Fees Fee Summary Ma Ac ,Attachments Routing History ',Valuation ; Prch /Errq Custom Fields iSub Eermits (Parcels 1 Permit type aslu Aspen Land Use Perrot *10001 2011_ASLU Address 830 E HYMAN Apt /Sate o ay ASPEN State ICO Zip 81611 c X ! Permit Information - O Master permt Rout queue esluO7 App red 1/7/2011 c F(' Project Status pending Approved H Description GMQS EXEMPTION - PER AMY THIS IS AN ASLL 2010 THAT WAS BILLED AGAINST Issued 0005.2010.AHPC Final Submitted MITCH HAAS 925 7395 clock Running pays 19 Expires 1 r2;2012 Submitted via Owner Last name 630 EAST HYMAN LLC first name PO BOX 1065 ASPEN CO 8161: Phone () Address Applicant Owner is applicant? [] Contractor is applicant? Last name :HAAS LAND PLANNING LL( First name 201 N MILL ST 5TE 1081 Phone 1(970) 925.7819 Cust # 25346 Address 'ASPEN CO 31611 Lender Last name First name Phone 1O - Address Displays the permit lenders address AspenGold5 (server) angelas ;Vi 6 1 of 1 CASE OPENED BY AMY GUTHRIE — SHOULD BE A 2010 CASE BILLED AGAINST 0005.2010.AHPC r �\ MEMORANDUM TO: Chris Bendon, Community Development Director FROM: Amy Guthrie, Historic Preservation Officer RE: 630 E. Hyman Avenue, GMQS Exemption for Minor Expansion of a Historic Landmark for commercial, lodge, or mixed -use development DATE: January 15, 2010 SUMMARY: 630 E. Hyman Avenue is zoned "MU, Mixed Use" and is legally described as Lots R and S, Block 99, City and Townsite of Aspen, Colorado. It was designated a historic landmark through Ordinance #26, Series of 2009. The prpperlf,owner, 630 E. Hyman LLC, lia's requested GMQS exemption in order to add one free' rnatllet residential unit. - A pno -time exemption is permitted in Section 26.470.060.4, Minor Enlargement of a Historic Landmark for commercial, lodge, or mixed -use development, as follows: Minor enlargement of an historic landmark for commercial, lodge or mixed - use development. The enlargement of a property, structure or portion of a structure designated as an historic landmark for commercial, lodge or mixed -use development shall be approved, approved with conditions or denied by the Community Development Director based on the following criteria. The additional development of uses identified in Section 26.470.020 shall be deducted from the development ceiling levels established pursuant to Section 26.470.030 but shall not be deducted from the respective annual development allotments. a. If the development increases either floor area or net leasable space /lodge units, but not both, then no employee mitigation shall be required. b. If the development increases both floor area and net leasable space /lodge units, up to four (4) employees generated by the additional commercial /lodge shall not require the provision of affordable housing. An expansion generating more than four (4) employees shall not qualify for this administrative approval and shall be reviewed pursuant to Paragraph 26.470.070.1. c. No more than one (1) free - market residence is created. This shall be cumulative and shall include administrative GMQS approvals granted prior to the adoption of Ordinance No. 14, Series of 2007. 1 The Community Development Director may approve, approve with conditions, or deny this GMQS exemption request pursuant to findings on the review criteria. Planned alterations to the subject building will increase floor area, but not net leasable, so no employee mitigation is required. There are currently no residential units on the site, therefore the proposed unit is eligible for GMQS exemption. Staff finds that the review criteria are met and recommends approval of this Administrative GMQS application. APPROVAL: I hereby approve a GMQS Exemption for Minor Expansion of a Historic Landmark for commercial, lodge, or mixed -use development at 630 E. Hyman Avenue, as proposed. / Date 1.I . Lb Chris Bendon, Community Development Director APPROVED . i:i c l LL;Ia COMMUNITY DEVELOPMENT DIRECTOR CITYOF ASPEN 2 c MEMORANDUM TO: Chris Bendon, Community Development Director FROM: Amy Guthrie, Historic Preservation Officer RE GMQS Exemption by the Community Development Director for Change in Use of a designated Landmark, 630 E. Hyman Avenue DATE: March 22, 2010 CC: Drew Alexander, Acting Zoning Officer SUMMARY: The applicant requests approval for a Change in Use of 609 square feet of net leasable area on the second floor of 630 E. Hyman Avenue to a voluntary affordable housing unit deed restricted to category R.O. le The floor area of the new R.O. unit will b 654 square 1r8 s square FAR; the n li able calcu will be 613 square feet. App sY q generated by the rest of the building will be allocated to this space. This property is a designated Landmark and therefore the Change in Use application is eligible for Administrative review. APPLICANT: 630 E. Hyman LLC, represented by Haas Land Planning, LLC. PARCEL ID: 2737 - 182 -12 -007. ADDRESS: 630 E. Hyman Avenue, Lots R and S, Block 99, City and Townsite of Aspen, Colorado ZONING: MU, Mixed Use. STAFF REVIEW: Section 26.470.060.3 of the Municipal Code provides a GMQS Exemption by the Community Development Director for the Change in Use of a designated landmark if the work does not result in the creation of more than one free market residential unit. This Change in Use application does not create any free market units, however the larger rehabilitation project planned for this property does include one free market residence which has been approved through a separate exemption by the Community Development Director. The Change in Use application was referred to the Aspen/Pitkin County Housing Authority. On March 17, 2010, the Housing Authority board recommended approval "i ,-, with conditions, which are hereby incorporated into the requested Administrative approval as follows: 1. The unit can remain a rental unit until such time the HOA requests the unit to become an ownership unit; however, if the unit is out of compliance for one year, the unit will become an ownership unit at that time. The HOA may choose the first Qualified, top priority, buyer. Any subsequent sales will be through the APCHA lottery process. 2. All tenants of the rental unit must qualify through the Housing Office prior to occupancy. 3. A 1 /10` of 1% ownership will be provided to APCHA prior to certificate of occupancy. 4. All recorded documents — Condominium Declaration, By -Laws, Articles of Incorporation — shall be approved by APCHA and incorporate the dues /assessment language. (The condominium documents will reflect that the project is a mixed free - market /deed - restricted project, whereby the assessments will be based on the actual prices of all the units as reflected in the Pitkin County Assessor's Office.) 5. The deed restriction shall be recorded prior to certificate of occupancy and /or at final plat approval and recording. 6. The current maximum rental rate for a RO, one - bedroom unit is $2,347. There are no sales prices stated in the Guidelines for a RO one - bedroom unit; however, upon such time the owner requests to sell the unit to a qualified buyer, the owner must meet with APCHA and the APCHA Board to establish the sales price. 7. A site visit of the unit shall be conducted prior to certificate of occupancy. 1 approve a GMQS Exemption for the Change in Use of 609 square feet of net leaseable area at 630 E. Hyman Avenue to a deed restricted R.O. unit as represented in the application, with the conditions stated above. etifita AfthStet Chris Bendon, Community Development Director Date 2 3 MEMORANDUM TO: Amy Guthrie FROM: Cindy Christensen DATE: March 17, 2010 RE: Request for a Change in Use for a Portion of the Historic Crandall Building ISSUE: The applicant is requesting a change in use to the historic Crandall Building, located at 630 East Hyman, which would convert commercial space to a deed restricted rental unit. BACKGROUND: This property has been designated and is part of the historic landmark sites and structures inventory. The applicant is seeking to convert one of the commercial spaces on the second floor into an affordable housing unit. The proposed unit, Unit 204, is 609 square feet and is located in the northwest corner of the second floor of the building. The proposal is to convert the space to a 654 square feet net livable area, with an additional 178 square feet of non - unit space attributable to the unit, for a total of 832 square feet. No free market unit is being proposed as a result of this change -in -use. This is a voluntary unit and is not required for mitigation purposes. The applicant would like to deed restrict the unit to R.O. The applicant is proposing all provisions that will maintain the affordability of this unit. The condominium documents will reflect that the project is a mixed free - market/deed- restricted project, whereby the assessments will be based on the actual prices of all the units as reflected in the Pitkin County Assessor's Office. The applicant is requesting to utilize the unit as a rental unit, with the possibility of the unit becoming an ownership unit in the future. If the HOA decides to sell the unit, they would like the ability to choose the first buyer, with all subsequent buyers going through the lottery system. RECOMMENDED ACTION: The Housing Board reviewed the request at their regular meeting held March 17, 2010, and recommend approval with the following conditions: 1. The unit can remain a rental unit until such time the HOA requests the unit to become an ownership unit; however, if the unit is out of compliance for one year, the unit will become an ownership unit at that time. The HOA may choose the first Qualified, top priority, buyer. Any subsequent sales will be through the APCHA lottery process. 2. All tenants of the rental unit must qualify through the Housing Office prior to occupancy. 3. A 1 /10` of 1% ownership will be provided to APCHA prior to certificate of occupancy. 4. All recorded documents — Condominium Declaration, By -Laws, Articles of Incorporation — shall be approved by APCHA and incorporate the dues /assessment language. 1 e 5. The deed restriction shall be recorded prior to certificate of occupancy and /or at final plat approval and recording. 6. The current maximum rental rate for a RO, one- bedroom unit is $2,347. There are no sales prices stated in the Guidelines for a RO one - bedroom unit; however, upon such time the owner requests to sell the unit to a qualified buyer, the owner must meet with APCHA and the APCHA Board to establish the sales price. 7. A site visit of the unit shall be conducted prior to certificate of occupancy. 2 HAAS LAND PLANNING, LLC RECE February 24, 2010 FHB O o 2 520 10 Mr. Chris Bendon Ali ry � $p FN Community Development Director - `�clg gi ,,,,,_ 130 South Galena Street ANT Aspen, CO 81611 RE: Change -In -Use for a Portion of the Historic Crandall Building Dear Chris: Please consider this letter and the attached plan sheet exhibit to represent a formal request for an approval for a Change -In -Use of a portion of the Crandall Building, a designated Historic Landmark located at 630 E. Hyman Ave, Aspen. The subject property is legally described as Lot R and S, Block 99, City and Townsite of Aspen. This 6,000 square foot lot on the northwest corner of E. Hyman Avenue and S. Spring Street is home to the Crandall Building, which was built in 1969 and designed by Tom Benton, a local architect /artist. The two -story plus basement building houses Sandy's Office Supply and is located in the Commercial (C -1) Zone District, one block east of the Commercial Core (CC). Pursuant to Resolution No. 19, Series of 2009, the HPC unanimously determined that the necessary criteria for listing this property on the Aspen Inventory of Historic Landmark Sites and Structures had been met and recommended approval of Historic Landmark Designation and Ordinance #48 negotiation by the City Council, and granted HPC Major Development (Conceptual) and Commercial Design Review (Conceptual). On December 7, 2009 the Aspen City Council unanimously passed Ordinance No. 26, Series of 2009 approving the Historic Designation of the property. Per Section 26.470.060.3 of the City of Aspen Municipal Code, the Community Development Director may approve the change in use of a portion of a structure designated as a Historic Landmark if no more than one free- market residential unit is created as a result of the change -in -use. • • 201 N. MILL STREET, SUITE 108 • • PHONE: (970) 925- 7819• FAX: r(970)L925 -7D 95 81611 • The applicant is seeking to convert one of the commercial spaces on the second floor into an affordable housing unit. Proposed Unit 204 is a 609 square foot (net leasable) commercial space located in the northwest corner of the second floor of the building. The applicant proposes converting this space to an affordable housing unit with 654 square feet of floor area and 613 square feet of net livable area. There will be an additional 178 or so square feet of non -unit space attributable to the AH unit for a total of approximately 832 square feet of Affordable Multi- Family Housing FAR. No free - market residential units will be created as a result of this change -in -use. (See attached Plan Sheet.) The proposed voluntary affordable housing unit is not required as mitigation of any impacts or employee generation, but it will comply in every respect with the requirements for a Resident Occupied (R.O.) unit under the APCHA Guidelines. The unit is on the second floor of the building, with one- hundred percent (100 %) of its finished floor above natural /finished grade. Given the location of the proposed affordable housing unit in a mixed -use building and immediately adjacent to commercial uses, the applicant desires to retain a measure of control over who occupies the unit. Not unlike affordable housing units within a lodge development, it has been recognized by the City and the APCHA that a problem occupant in an ownership unit within a mixed use building can be exceedingly difficult to address. Accordingly, the applicant will retain ownership of the unit and rent it under deed restricted rates and terms. Should the owner ever choose to sell the unit, the owner will retain the right to select the first qualified purchaser of the unit but any subsequent sales would be through the APCHA lottery process. All appropriate provisions will be made to ensure permanent affordability. As has been done with other recent mixed use development approvals, the applicant will accept the following requirements: • Rental of the unit shall be open to all qualified employees of Aspen and Pitkin County and shall not be tied to the employment for the free - market component or the commercial components of the development however, the owner of the unit will retain the right to choose the qualified renters and the tenants may still be employed by the commercial component. Also, the HOA may maintain ownership of the unit or it may be owned by another entity provided that the occupant is qualified under APCHA guidelines for an RO rental unit. • The governing documents for the development (i.e., the Protective Covenants, By -Laws, Articles of Incorporation, or similar) shall be drafted Page 2 Crandall Change -In -Use to reflect that since the project is a mixed free-market/ deed-restricted project, the assessments shall be determined based on the price values (per the Pitkin County Assessor's "Actual Value ") of the free- market component compared to the deed - restricted component. This requirement shall be included in the Covenants (or similar) associated with the project. No changes to this restriction would be allowed without APCHA approval. • The APCHA or the applicant shall structure an R.O. deed restriction for the employee housing unit such that an undivided 1 /10th of 1 percent interest in the ownership of the employee unit is conveyed to the Aspen / Pitkin County Housing Authority; or, the applicant may propose any other means that the Housing Authority determines acceptable to ensure enforceability of affordable rents. It is hoped that the provided information proves helpful in your review of this request. If you should have any questions or desire any additional information, please do not hesitate to contact me. Truly yours, Haas Land Planning, LLC I Mitch Haas Owner /Manager Cc: Greg Hills, Owner Herb Klein, Esq. Attch. Page 3 Crandall Change -In -Use CI W QQ 11:4 2 o aEV, LL D1 ii , 1 Y - Et :E # J 7 d'QZ gF. >z Tma PR A Q d O ��s ^ ^ O fl a ° 8 p >•- -,- tildil L 1!I! fl do rU i .. 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