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Home My WebLink Aboutresolution.apz.022-12 RECEPTION#: 594874, 12117/2012 at 09:23:57 AM, 1 OF T R $41.00 Doc Code RESOLUTION Janice K. 'dos Caudill, Pitkin County, CO RESOLUTION NO. 22 (SERIES OF 2012) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING GROWTH MANAGEMENT AND SUBDIVISION REVIEWS FOR NEW COMMERICAL AND FREE-MARKET RESIDENTIAL DEVELOPMENT THAT IS PART OF A MIXED-USE DEVELOPMENT KNOWN AS VICTORIAN SQUARE CONDOMINIUMS AND LOCATED AT 601 E. HYMAN AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No.'s 2737-182-25-801, 2737-182-25-027, 2737-182-25-028, 2737-182-25-029, 2737-182-25-030, 2737-182-25-031, 2737-182-25-032, 2737-182-25-033. WHEREAS, the Community Development Department received an application from Victorian Square, LLC requesting Growth Management and Subdivision Reviews approval to develop new commercial net leasable area and a new free-market residential unit as part of a new mixed-use development located at 601 E. Hyman Avenue; and, WHEREAS, prior to applying for the Subdivision review and Growth Management review for new commercial and residential development the Applicant received Conceptual Commercial Design Review approval from the Planning and Zoning Commission via Resolution No. 19, Series of 2012; and, WHEREAS, the Growth Management review is for approval of both the commercial and residential components of a Mixed—Use Building which contains 7,265 sq. ft. of net leasable area, of which 2,056 sq. ft. of net leasable area is newly created andl,835 sf of residential that is entirely newly created; and WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval of the Growth Management Review requests; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval of the Subdivision Review request; and, WHEREAS, the Planning and Zoning Commission reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing on December 4, 2012; and, WHEREAS, the Planning and Zoning Commission grants approval of the Growth Management Review request for the commercial component of a mixed development that contains 7,265 sq. ft. of net leasable area; and, 1 WHEREAS, the Planning and Zoning Commission grants approval of the Growth Management Review request for the free-market residential unit within a mixed- use development that contains 1,835 sq. ft. of net livable area; and, WHEREAS, the City of Aspen Planning and Zoning Commission recommends approval of the Subdivision review request. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: This approval shall be contingent on a recommendation from the APCHA Board that housing mitigation shall occur via a Certificate of Affordable Housing Credits. 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 Reviews for the following items, in accordance with the plans attached as Exhibit A and incorporated by this reference: • New Net Leasable Space: Pursuant to Section 26.470.080.1 of the Land Use Code, the Planning and Zoning Commission grants approval for 2,056 growth management allotments related to 2,056 sf of new net leasable space within the proposed development. • Addition of Multi-Family Free-Market Space: Pursuant to Section 26.470.080.2 of the Land Use Code, the Planning and Zoning Commission grants approval for one growth management allotment related to the addition of one multi-family free-market residential unit within the proposed development. • Affordable Housing: Pursuant to Section 26.470.040.C.7 of the Land Use Code, the Planning and Zoning Commission grants the Applicant approval to meet the requirement of affordable housing mitigation through purchasing a Certificate of Affordable Housing Credits for the required 4.79 FTE's, to be deed-restricted at a Category 4 or lower. • The Certificate of Affordable Housing Credits shall be extinguished by the City prior to issuance of building permit. Section 2• Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby recommends approval of Subdivision review to City Council regarding the addition of a multi-family free-market residential unit having separate legal interests. 2 Section 3: Building The Applicant shall meet adopted building codes and requirements if and when a building permit is submitted. All dimensional standards shall be met for the C-1 zone district and confirmed at the time of building permit. Section 4: Engineering The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the Engineering Department. The project must comply with CMP requirements at the time of permit. The design for the site must meet the requirements of the Urban Runoff Management Plan. A drainage plan must be submitted prior to building permit issuance. Section 5: 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), 2009 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Section 6: Public Works 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. Utility placement and design shall meet adopted City of Aspen standards. Each of the units within the building shall have individual water meters. Section 7: Sanitation District Requirements: Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. Oil and Grease interceptors (not traps) are required for all food processing establishments and shall be identified and specified prior to building permit. Old service lines must be excavated and properly abandoned. Section 8: Environmental Health The state of Colorado mandates specific mitigation requirements with regard to asbestos. Additionally, code requirements to be aware of when filing a building permit include: a prohibition on engine idling, regulation of fireplaces, fugitive dust requirements, noise abatement and pool designs. Section 9: 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 10: Off-Street Parking The Applicant is required to provide parking mitigation for the increase in net-leasable commercial space on site. The new net leasable square footage will generate 2.056 parking spaces. The Applicant will provide cash-in-lieu payment as mitigation for the parking spaces, as per Section 26.515.030, Required number of off-street parking spaces, 3 of the Land Use Code. This same section of the Code states that the Applicant is not required to provide parking for the residential free-market unit as the development is within the C-1 (Commercial) zone district. Section 11: Impact Fees Before the Applicant is issued a Building Permit, the Applicant shall pay a Parks Development fee and a TDM/Air Quality fee pursuant to Chapter 26.610, Impact Fees. The amount of the fees shall be calculated by the Community Development Department using the calculation method and fee schedule in effect at the time the Applicant submits a building permit. Section 12: School Land Dedication Fees Prior to the issuance of building permit, the Applicant shall pay a School Land Dedications fee pursuant to Chapter 26.620, School Land Dedication. The amount of the fees shall be calculated by the Community Development Department using the calculation method and fee schedule in effect at the time the Applicant submits a building permit. Section 13: 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 14: 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 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. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 4t' day of December, 2012. 1 spamer la ning and Zoning Commission Chair 4 APPROVED AS TO FORM: P Deb Quinn,Assistant City Attorney ATTEST: Jackie Lothian,�Depu�tyCity Clerk Exhibit A: Floor plans 5 Resolution Exhibit A Floor Plans COMMERCIAL COMMERCIAL 3'CANOPY COMMERCIAL 1.626 SF(NET) 2,554 SF(GROSS) OVERHANG ABOVE 3,162 SF(GROSS) 2,417 SF(NET) PAY UNE 3,022 SF(NET) I PEDESTRIAN SHARED LOBBY AMENITY 265 SF TOTAL 540 SF(NET) I t: COMM.199 SF(75%) 12%OF PROPERTY j -RES.66 SF(25%) COMMERCIAL LOBBY 107 SF TOTAL -COMM.107 SF(100%) STAIR AND ELEVATOR 280 SF TOTAL �--STAIR AND ELEVATOR 280 SF TOTAL _ -COMM.210 SF(75%) -CO br" MM-210 SF(75%) S. =� FF''�� ^{ -RE 70 SF(26%) �i -RES.70 SF(25%) TRASH/RECYCLING 162 SF TOTAL _ 11) STAIR rti MECHANrAL -COMM.12Z SF(75%) ❑ 191 SF(EXEMPn - f I •i i I �- ROOMB -RES.40 SF(25%) _1 ry-k - - - - I� r- ---- STAIR LEVEL D FLOOR PLAN 195 SF TOTAL LEVEL 1 FLOOR PLAN LEVEL 2 FLOOR PLAN -COMM.146 SF(75%) -RES.49 SF(25%) FLOOR AREA: NET LEASABLE: FLOOR AREA: NET LEASABLE: FLOOR AREA: NET LEASABLE: 3,573 SF x 0% = 0 SF 1,826 SF COMMERCIAL 2,554 SF RETAIL 2,417 SF COMMERCIAL 3,162 SF OFFICE 3,022 SF COMMERCIAL +902 SF *NON-UNIT 191 SF STAIR EXEMPT 3,456 SF FLOOR PLATE +387 SF *NON-UNIT 3,645 SF FLOOR PLATE RESIDENTIAL 1,952 SF(GROSS) 1,835 SF(NET) GREEN -- - - GREEN ROOF FLOOR AREA TOTALS EXEMPT DECK AREA: LEGEND ROOF DECK#1 __ 5,716 SF COMMERCIAL (75%) 2,250 SF FLOOR AREA ALLOWED NET LEASABLE FLOOR AREA 512 SF _ I 1,952 SF RESIDENTIAL (25%) x15 % PERCENT ALLOWED -_ 7,668 SF TOTAL AREA(100%) 337.5 SF EXEMPT DECK AREA NET LIVABLE FLOOR AREA -' STAIR AND ELEVATOR - +- - 265 SF(EXEMPT) RESIDENTIAL AREA: DECK AREA: - - - - r. 2250 SF ALLOWABLE AREA 337.5 SF EXEMPT DECK AREA DECK AREA GREEN ROOF -1952 SF TOTAL PROPOSED AREA +298.0 SF REMAINING RESIDENTIAL FLOOR AREA -- 298 SF REMAINING AREA 635.5 SF TOTAL DECK AREA OPEN TO BELOW LEVEL 3 FLOOR PLAN D C5 SF -- --- -- ----- - -- -_ __ PROPOSED DECK AREA: NON-UNIT SPACE FLOOR AREA: NET LIVABLE: 512.0 SF DECK#1 - - -EXEMPTIONS --- --" - 1,952 SF RESIDENTIAL 1,835 SF RESIDENTIAL +123.5 SF DECK#2 -----___-__- 285 SF EXEMPTIONS 635.5 SF TOTAL DECK AREA ------------ +0 SF *NON-UNIT PEDESTRIAN AMENITY ?,237 SF FLOOR PLATE MEMORANDUM TO: Sara Nadolny, Community Development Department FROM: Cindy Christensen, APCHA Operations Manager DATE: December 6, 2012 RE: 601 E. Hyman (aka Victorian Square)Redevelopment ISSUE. The applicant is requesting approval to mitigate the employee housing requirement by purchasing affordable housing credit certificates for the redevelopment of the 601 East Hyman property. BACKGROUND: The project involves the demolition and replacement of the current two-story commercial building with a three-story mixed use building. Commercial space will be located in the basement, first and second floor, and a single-family residence is to be located on the third level. DISCUSSION: The applicant is required to mitigate for the additional employees impacted by the redevelopment. The applicant is requesting that the mitigation be in the form of the use of the affordable housing credit program. Below are the calculations to show the mitigation requirement: Existing Proposed FTE Type Location FAR . FAR Difference Multiplier X Mitigation Commercial Basement 0 1,826 1,826 3.075 60% 3.36897 Commercial 1St Floor 3,045 2,417 -628 4.100 60% -1.54488 Commercial 2nd Floor 2,164 3,022 858 3.075 60% 1.58301 Residential 3rd Floor 0 1,835 1,835 .3 30% 1.37625 TOTAL OFF SITE MITIGATION 4.78335 The residential mitigation is based on 30% of the additional square footage of 1,835 (550.50) divided by 400 square feet(1 employee=400 square feet of net livable area). Based on the above information, the employee housing mitigation required is 4.78335 FTE's that is being proposed to be satisfied by the purchase of the affordable housing credit certificates. RECOMMENDATION: The APCHA Board reviewed the application at their regular meeting held December 5, 2012 and are in agreement that providing the affordable housing credit certificates is an accepted option to satisfy the employee housing mitigation at the 4.78335 FTE's. 601 E.Hyman(aka Victorian Square)Redevelopment Page 1