HomeMy WebLinkAboutresolution.apz.007-11 Resolution #7 - 11
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING WITH CONDITIONS AN AMENDMENT TO A GROWTH
MANAGEMENT DEVELOPMENT ORDER, TWO GROWTH MANAGEMENT
REVIEWS, AND RECOMMENDING CITY COUNCIL APPROVE WITH
CONDITIONS AN AMENDMENT TO A SUBDIVISION DEVELOPMENT ORDER,
PLANNED UNIT DEVELOPMENT, AND REZONING FOR 625 E. MAIN STREET,
LOTS E, F, G, EASTERLY 10 FEET OF LOT D, BLOCK 98, CITY AND TOWNSITE
OF ASPEN, CO, PITKIN COUNTY, COLORADO
PARCEL NO. 2737-182-02204
WHEREAS, the Community Development Department received an application from
Aspen Main Street Properties LP, represented by David Johnston Architects, requesting approval
of an amendment to a growth management development order, two Growth Management
Reviews, an amendment to a subdivision development order, Planned Unit Development, and
rezoning to construct a mixed -use building consisting of 9,988 sf of net leasable space, two
affordable housing residential units, and three free - market residential units; and,
WHEREAS, the subject property is zoned C -1 (Commercial); and,
WHEREAS, upon review of the application, and the applicable code standards, the
Community Development Department recommended approval with conditions, of the proposed
subdivision and associated land use requests; and,
WHEREAS, during a duly noticed public hearing on March 8, 2011, the Planning and
Zoning Commission approved Resolution No. 7, Series of 2011, by a four to zero (4 — 0) vote,
approving an amendment to a growth management development order, two Growth Management
Reviews for the development of a mixed -use building that includes commercial space, office
space, free - market housing, and affordable housing, and recommending that City Council
approve with conditions an amendment to a subdivision development order, Planned Unit
Development, and rezoning for the property located at 625 E. Main Street, Lots E, F, G, easterly
10 feet of Lot D, Block 98, 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,
WHEREAS, the Planning and Zoning Commission finds that the development proposal
meets or exceeds 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,
WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is
necessary for the promotion of public health, safety, and welfare.
RECEPTION #: 578389, 03/16/2011 at Reso 7, Series 2011
03:41:03 PM, Page 1 of 7
1 OF 7, R $41.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND
ZONING COMMISSION AS FOLLOWS:
Section 1: Approval
Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal
Code, the Planning and Zoning Commission hereby approves with conditions an Amendment of
a Growth Management Development Order; a Commercial Growth Management Review; and a
Growth Management Review for the development of affordable housing to construct a mixed -
use building consisting of two (3) commercial units, one (1) office unit, three (3) free - market
residential units, and two (2) deed - restricted affordable housing units on the property located at
625 E. Main Street, Lots E, F, G, easterly 10 feet of Lot D, Block 98, City and Townsite of
Aspen, CO.
Section 2: Plat and Agreement
Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal
Code, the Planning and Zoning Commission hereby recommends that City Council grant an
Amendment to a Subdivision Development Order, a PUD, and a rezoning and that, should City
Council grant said approvals approval, the Applicant shall record a Subdivision/PUD agreement
that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of such
approval. A final Condominium Plat may be approved and signed by the Community Development
Director upon substantial completion of construction.
Section 3: Dimensional Requirements
The project shall be subject to Aspen Municipal Code Chapter 26.575, Miscellaneous
Supplemental Regulations and with the Commercial (C -1) zone district, in place at the time of
land use application submittal in April 2006. Changes subsequent to issuance of a Certificate of
Occupancy shall be subject to the Code in place at the time of proposed changes, with the
exception of the size of the Free - Market units, and Free - Market Net Livable to Commercial Net
Leasable Ratio as outlined in the table below.
The Planning and Zoning Commission recommends that the three free - market residential units
total 8,022 sf of net livable area.
Dimensional Requirement Proposed Dimensional Requirements
Free Market Net Livable Area (NLA): 8,022 sf
Above -Grade Commercial Net Leasable Area
Free - Market Net Livable to (NLA): 7,869 sf
Commercial Net Leasable Ratio The ratio is not met by 153 sf (There is 153 sf
more Free - Market NLA than Commercial
NLA).
Unit A. 2,658 sf
Maximum Residential Unit Size (Sq. Unit B. 2,837 sf
Ft.) Unit C. 2,527 sf
(Total size: 8,022 se
Reso 7, Series 2011
Page
In addition, the Planning and Zoning Commission recommends that the Applicant present a roof-
top mechanical equipment plan to City Council as part of their PUD, Re- zoning, and Subdivision
Amendment Review. The Planning and Zoning Commission recommends that, to the greatest
extent reasonably possible, the height of the mechanical equipment be limited to five (5) feet
above the building height, or to a total of 43 feet, and that the roof - mounted equipment be
centered in the building.
Section 3: Plat and Agreement
Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal
Code, the Planning and Zoning Commission hereby recommends that City Council grant an
Amendment to a Subdivision Development Order, a PUD, and a rezoning and that, should City
Council grant said approvals approval, the Applicant shall record a Subdivision/PUD agreement
that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of such
approval. A final Condominium Plat may be approved and signed by the Community Development
Director upon substantial completion of construction.
Section 4: Building Permit Application
The building permit application shall include the following:
a. A copy of the final Ordinance and P &Z Resolution.
b. The conditions of approval 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. 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, that landscapings, plantings and amenities on adjacent property will be
protected, and that construction parking will not encroach on private property.
e. Accessibility and ADA requirements shall meet adopted building code requirements.
f. An approved Landscape Plan
Section 5: Trash/Utility Service Area
The trash containers shall be wildlife proof and meet the regulations pertaining to size and
security.
Section 6: Sidewalks, Curb, and Gutter
The finished floor of the building is approximately 1.3 feet above the top back of curb, it
proposes challenges in meeting the department's standards for accessibility and door swing
clearance along Main Street. Plans that meet the Engineering Department's standards regarding
accessibility must be submitted prior to council approval. Additionally structural soils will be
required for the sidewalk to improve the growth area for the planting strip. Due to the condition
of the curb and gutter that fronts the building, it will need to be replaced prior to CO of the
building.
Reso 7, Series 2011
Page
All improvements shall be made prior to a Certificate of Occupancy on any of the units within
the development.
Section 7: Affordable Housing
1. The mitigation with the two three - bedroom units has been satisfied. The owner shall convey an
undivided 1 /10` of 1% ownership interest in the lot on which the units are situated to APCHA.
The APCHA ownership interest shall be in perpetuity or until such time as the units are
converted to ownership units, or the statutory restriction on rent control units is eliminated.
The units are to be ownership units sold through the lottery system after the initial sale, subject
to the following conditions:
a. The developer shall have the right to sell to a fully qualified household of its choice for the
initial sale only. The units shall be specified in the deed restriction at a Category 4 but sold
for $305,000 ($15,000 under the maximum Category 4 sales price stated in the Guidelines).
The qualified household must meet the minimum occupancy requirement for the unit (a
household of three with at least one dependent as defined in the Guidelines), no higher than
a Category 4 as specified in the Guidelines, and a minimum work history in Pitkin County
of four years prior to application. All other conditions for a qualified employee must be
adhered to as well.
b. Since the project is a mixed commercial /free - market/deed- restricted project, the assessments
shall be determined as stated in #2 below and approved by APCHA. This language shall be
required in the approval and in the Covenants associated with the project. No changes to
this restriction would be allowed without APCHA's approval.
2. The units shall be completed with a Certificate of Occupancy and be listed for sale at the initial
price given above prior to the closing of any sale of a free - market unit.
3. The deed - restriction shall be recorded at the time of recordation of the Condominium Plat and
prior to Certificate of Occupancy.
4. Each Affordable Housing Unit shall be assigned as least one (1) parking space in the sub -grade
garage.
Section 8: 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. Each of the
units within the building shall have individual water meters.
Section 9: Sanitation District Requirements
Service is contingent upon compliance with the District's 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.
Reso 7, Series 2011
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On -site utility plans require approval by ACSD. Oil and Grease interceptors (NOT traps) are
required for all food processing establishment. Locations of food processing shall be identified
prior to building permit. Even though the commercial space is tenet finish, interceptors will
be required at this time if food processing establishments are anticipated for this project.
Oil and Sand separators are required for parking garages and vehicle maintenance
establishments. Driveway entrance drains must drain to drywells. Elevator shafts drains must
flow thru o/s interceptor
Old service lines must be excavated and abandoned at the main sanitary sewer line according to
specific ACSD requirements. 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. Landscaping plans
will require approval by ACSD where soft and hard landscaping may impact public ROW or
easements to be dedicated to the district.
All ACSD fees must be paid prior to the issuance of a building permit.
The glycol heating and snow melt system 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.
Section 10: 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 11: Landscaping
Planting in the Public Right of way will be subject to Landscaping in the ROW requirements.
Improvements to the ROW should include new grass, irrigation and the applicant shall work with
the Parks Department in order to design an appropriate trench box for the new tree plantings.
Plans for the tree plantings should be completed and conceptually approved prior to City Council
approval. The trench box or infrastructure for the sidewalk may require the use of new
technologies which allow for structural support of a sidewalk and contribute to the growth and
health of the tree roots. Tree plantings boxes are not approved for the landscaping in the right of
way. Final layout and numbers of trees will be approved by the Parks and Engineering
Departments prior to issuance of building permit.
The walkway located on the western property line, and approved in Ordinance 41, Series of
2006, remains a requirement.
Reso 7, Series 2011
Page 5 of 7
Section 12: Park Development Impact Fee
Pursuant to Land Use Code Section 26.610, Park Development Impact Fee, the Applicant shall
pay a park development impact fee prior to building permit issuance. The fee shall be calculated
according to the fee schedule in Land Use Code Section 26.610.030, Fee Schedule.
Section 13: Pedestrian Amenity Cash - in - Lieu Fee
Pursuant to Land Use Code Section 26.575.030, Pedestrian Amenity, the Applicant shall pay a
cash -in -lieu fee for pedestrian amenity in the amount equal to ten percent of the lot area prior to
building permit issuance. The fee is assessed based on the following calculation:
Lot area = 10,000 square feet
10% of Lot Area = 1,000 square feet
Payment = $50 x 1000 square feet
Pedestrian Amenity Cash -in -Lieu = $50,000,
Section 14: School Lands Dedication Fee
Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall pay a
fee -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 land including site improvements, but excluding the value of structures on
the site.
Section 15:
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 City Council, 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 16:
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 17:
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 8th day of
March, 2010.
Reso 7, Series 2011
Page 6 of 7
APPROVED AS TO FORM: PLANNING AND ZONING
COMMISSION:
a f^� ♦ �1.,._
ity Attorney Stan Gibbs, Chair
ATTEST:
ackie Lothian, Deputy City Clerk
Reso 7, Series 2011
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