HomeMy WebLinkAboutresolution.hpc.019-2018 RECEPTION#: 653319, R: $93.00, D: $0.00
DOC CODE: RESOLUTION
Pg 1 of 17, 01/14/2019 at 03:03:56 PM
Janice K. Vos Caudill, Pitkin County, CO
RESOLUTION #1q
(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:
• 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; 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. A Development Order was issued by the Community Development
Director and remains in effect until September 23, 2o19; 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 October 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:
Historic Preservation Commission
Resolution #19,Series 2018
Page 1 of 6
• 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; 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,
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 December 12, 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 December 12, 2018, the Historic
Preservation Commission approved Resolution #19, 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 #28, Series of 2016.
Historic Preservation Commission
Resolution #19,Series 2018
Page 2 of 6
NOW,THEREFORE BE IT RESOLVED BY THE HISTORIC PRESERVATION COMMISSION
OF THE CITY OF ASPEN, COLORADO THAT:
Section 1: Approvals
- pP_— —
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 Amendment to a Growth Management
Development Order for the final design as depicted on Exhibit A attached and as represented
through the approval process and subject to the conditions of approval as listed herein,
including:
7. 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.
2. Final materials for the proposed on-site and off-site public amenity spaces shall be
approved by staff and monitor.
3. An internal connection between the second floor of 577 E. Hopkins and the second floor
of 204 S. Galena is permitted if allowed by Building Code.
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 calculations shall be verified by the Zoning Officer at time of building
permit review.
Section 3: Employee Generation and Mitiqation
The Historic Preservation Commission has determined that on-site replacement of the existing
affordable housing is inappropriate due to the site's physical constraints, and the units may be
replaced through credits equivalent to 5 FTEs at Category 1.
The applicant must mitigate any new net leasable space created above and beyond the
reconstruction credit noted in Section 2 through affordable housing credits at Category 4,
provided before issuance of the building permit for the project. A redevelopment agreement,
per Section 26.470.070.5.6 of the Municipal Code shall be recorded before an application for
a demolition permit may be accepted by the City. The approximate increase in net leasable
area represented by this approval is 4,471 square feet.
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 3.2%) 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
Historic Preservation Commission
Resolution #19,Series 2018
Page 3 of 6
Public Amenity shall be verified 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 300 square foot trash and recycling area, as depicted in the land use application, is approved,
pending final review by the Environmental Health Department. A transformer, meeting the
requirements of the Public Works Department, shall be provided on the site. The applicant shall
revise the plans to ensure that all tenants have access to deliveries as described at Section
26.412.06o.B.8 of the Municipal Code.
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 shall be verified with the Zoning Officer at time
of building permit and will require a cash-in-lieu fee, at a rate $30,000 per space.
Section : 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. The applicant
has provided a preliminary proposal to mitigate 20 new trips through a variety of actions. Final
calculation of trip mitigation will be based on the new net leasable space created on the site as
verified by the Zoning Officer at the time of building permit review. The Engineering
Department will work with the applicant to finalize the TIA 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
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.
Historic Preservation Commission
Resolution #19,Series 2018
Page 4 of 6
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. This includes the representation that co-work space will
occupy all of the second floor net leasable space at 517 E. Hopkins and may not be replaced
with another use without approval by HPC.
Section 12•
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.
Historic Preservation Commission
Resolution#19,Series 2018
Page 5 of 6
APPROVED BY THE COMMISSION at its regular meeting on the 12th day of December,
2018.
Approved as to form: Approved as to content:
J
James R.True, City Attorney G en Gree , Chair
Attest:
Nicole Henning, Deputy City Clerk
Attachments:_Exhibit A: Approved final elevations and floor plans
Historic Preservation Commission
Resolution#19,Series 2018
Page 6 of 6
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