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Home My WebLink Aboutresolution.hpc.026-2012 RECEPTION#: 593975, 11/15/2012 at 10:21:44 AM, 1 OF 4, R $26.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) GRANTING MAJOR DEVELOPMENT (CONCEPTUAL), COMMERCIAL DESIGN STANDARD REVIEW (CONCEPTUAL), DEMOLITION, AND VIEWPLANE FOR THE PROPERTY LOCATED AT 422 EAST COOPER AVENUE RED ONION CONDOS, UNIT 1, LOTS N, O, P, BLOCK 89, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION #26, SERIES OF 2012 PARCEL ID: 2737-182-16-061. WHEREAS, the applicant, Red Onion Investors, LLC, represented by Stan Clauson Associates, Inc., has requested Major Development (Conceptual), Conceptual Commercial Design Standard Review, Demolition, and Viewplane Reviews the property located at 422 East Cooper Avenue, Red Onion Condos, Unit 1, Lots N, O, P, Block 89, City and Townsite of Aspen, Colorado; and WHEREAS, 422 East Cooper Avenue is located within the Commercial Core Historic District and is located on a designated historic parcel; and WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or district until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review;" and WHEREAS, for Conceptual Major Development Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.D.3.b.2 and 3 of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, for Conceptual Commercial Design Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen Commercial, Lodging and Historic District Design Objectives and Guidelines per Section 26.412.040.A.2, Commercial Design Standards Review Procedure, of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, in order to authorize a Demolition, according to Section 26.415.080, Demolition of designated historic properties, it must be demonstrated that the application meets any one of the following criteria: 422 East Cooper Avenue HPC Resolution# 26, Series of 2012 Page 1 of 4 a. The property has been determined by the city to be an imminent hazard to public safety and the owner/applicant is unable to make the needed repairs in a timely manner, b. The structure is not structurally sound despite evidence of the owner's efforts to properly maintain the structure, C. The structure cannot practically be moved to another appropriate location in Aspen, or d. No documentation exists to support or demonstrate that the property has historic, architectural, archaeological, engineering or cultural significance, and Additionally, for approval to demolish, all of the following criteria must be met: a. The structure does not contribute to the significance of the parcel or historic district in which it is located, and b. The loss of the building, structure or object would not adversely affect the integrity of the historic district or its historic, architectural or aesthetic relationship to adjacent designated properties and C. Demolition of the structure will be inconsequential to the historic preservation needs of the area; and WHEREAS, pursuant to 26.435.050.C., Mountain Viewplane Review Standards, of the Land Use Code, no development shall be permitted within a mountain view plane unless the Planning and Zoning Commission or the Historic Preservation Commission makes a determination that the proposed development complies with all requirements set forth below. 1. No mountain view plane is infringed upon, except as provided below. When any mountain view plane projects at such an angle so as to reduce the maximum allowable building height otherwise provided for in this Title, development shall proceed according to the provisions of Chapter 26.445 as a Planned Unit Development so as to provide for maximum flexibility in building design with special consideration to bulk and height, open space and pedestrian space and similarly to permit variations in lot area, lot width, yard and building height requirements and view plane height limitations. The Planning and Zoning Commission, after considering a recommendation from the Community Development Department, may exempt a development from being processed as a Planned Unit Development when the Planning and Zoning Commission determines that the proposed development has a minimal effect on the view plane. When any proposed development infringes upon a designated view plane, but is located in front of another development which already blocks the same view plane, the Planning and Zoning Commission shall consider whether or not the proposed development will further infringe upon the view plane and the likelihood that redevelopment of the adjacent structure will occur to re- open the view plane. In the event the proposed development does not further infringe upon the view plane and re-redevelopment to reopen the view plane cannot be anticipated, the Planning 422 East Cooper Avenue HPC Resolution # 26, Series of 2012 Page 2 of 4 and Zoning Commission shall exempt the development from the requirements of this Section; and WHEREAS, during the September 12, 2012 meeting the applicant demonstrated compliance with Land Use Code Section 26.304.035 Neighborhood Outreach; and WHEREAS, Sara Adams, in her staff report to HPC dated September 12, 2012 performed an analysis of the application based on the standards, found that the review standards had been met, and recommended approval with conditions; and WHEREAS, at their regular meeting on October 24, 2012 continued from September 12, 2012 and September 19, 2012, the Historic Preservation Commission considered the application during a duly noticed public hearing, the staff memo and public comments, and found the proposal consistent with the review standards and recommended approval with conditions by a vote of four—one (4 - 1). NOW, THEREFORE, BE IT RESOLVED: That HPC hereby grants HPC Major Development(Conceptual), Conceptual Commercial Design Standard Review, Demolition, and Viewplane Review for the property located at 422 East Cooper Avenue, Red Onion Condos, Unit 1, Lots N, O, P, Block 89, City and Townsite of Aspen, Colorado with the following conditions: 1. Demolition of the building located at 422 E. Cooper Street and retaining the front facade is approved with the condition that a structural assessment of the front fagade be submitted with the Final Review application. 2. The mass and scale is approved as presented in the application. 3. A maximum of 38 feet is approved as presented in the application, with Land Use Code height exemptions for elevator overrun and mechanical equipment as stated in Section 26.575.020.F(4)Allowed Exemptions to Height Limitations. 4. A mechanical plan and elevations shall be submitted with the Final Review application. 5. Off-site public amenity improvements to the Pedestrian Malls is approved in accordance with Land Use Code Section 26.575.030.C(2) Of provision of public amenity and is subject to review and approval by the Parks Department. The improvements shall equal or exceed the value of the cash in lieu payment of$67,500. 6. The proposal is determined to have a minimal impact on the viewplane due to the existing development that already blocks the viewplane and is hereby exempt from being processed as a PUD in accordance with Section 26.435.050.C.1. Any mechanical equipment placed within the viewplane shall comply with Section 26.435.050, which may require a new viewplane review. 7. A development application for a Final Development Plan shall be submitted within one (1) year of the date of approval of a Conceptual Development Plan. Failure to file such an application within this time period shall render null and void the approval of the Conceptual Development Plan, The Historic Preservation Commission may, at its sole discretion and for good cause shown, grant a one-time extension of the expiration date for 422 East Cooper Avenue HPC Resolution# 26, Series of 2012 Page 3 of 4 a Conceptual Development Plan approval for up to six (6) months provided a written request for extension is received no less than thirty (30) days prior to the expiration date. ! V Jay ayt,n, Vice- Ch it Approv as to Form: Debbie Quinn, Assistant City Attorney ATTEST: Kathy Striel4and, Chief Deputy Clerk 422 East Cooper Avenue HPC Resolution# 26, Series of 2012 Page 4 of 4