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resolution.apz.009-2013
RESOLUTION NO. 9 (SERIES OF 2013) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING FINAL COMMERCIAL DESIGN REVIEW, SPECIAL REVIEW AND GROWTH MANAGEMENT REVIEWS FOR A REMODEL AND ADDITION CONSISTING OF COMMERCIAL AND RESIDENTIAL USES FOR THE PROPERTY LOCATED AT 616 E HYMAN AVE, LEGALLY DESCRIBED AS LOTS N & O, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 273718212005 WHEREAS, the Community Development Department received an application from Furngulf LLP, represented by Mitch Haas, Haas Land Planning LLC requesting of the Planning and Zoning Commission approval of Conceptual Commercial Design Review to remodel the existing building and add a third floor addition for a project that will include a mix of commercial space and free-market residential; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended the Applicant amend the proposal to better comply with the Commercial Design Standards with regard to height and for the Planning and Zoning Commission to approve the application with conditions; and, WHEREAS, during a duly noticed public hearing on October 16, 2012 and continued to October 30th, the Planning and Zoning Commission approved Resolution No. 20, Series of 2012, by a six to one (6 —1) vote, approving Conceptual Commercial Design Review; and, WHEREAS, the Community Development Department received an application from Furngulf LLP, represented by Mitch Haas, Haas Land Planning LLC requesting of the Planning and Zoning Commission approval of Final Commercial Design Review, Special Review and Growth Management Reviews for the previously described project; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended to approve the application with conditions; and WHEREAS, the Planning and Zoning Commission has 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, the applicable referral agencies, and has taken and considered public comment; and, RECEPTION#: 599325, 05/08/2013 at 11:21:18 AM, Resolution No. 9, Series 2013 1 OF 23, R $121.00 Doc Code Page 1 of 7 RESOLUTION Janice K.Vos Caudill, Pitkin County, CO 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; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN,COLORADO THAT: 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 the following land use reviews with conditions: A. Final Commercial Design Review. Any building permit application for the redevelopment of the site shall be for a building that substantially duplicates the representations made before the Planning and Zoning Commission and included as Exhibit 1 of this resolution. All underlying dimensional requirements, except for height and trash/utility/recycling areas, shall be met and verified at building permit submission per Exhibit 2. Prior to building permit application, applicant shall amend the floor plans to include an airlock entry for each tenant space entry (but not a common entry) or provide a comparable measure for heat loss prevention acceptable to the Building Department. Roof mechanical shall be grouped and screened together on the roof. B. Special Review. A reduction in size of the trash/utility/recycling is permitted to be reduced to the dimensions and layout shown in Exhibit 3 of this resolution. The area shall solely be used for trash and recycling purposes. C. Growth Management Reviews. The growth management reviews for Expansion or New Commercial Development, New Free-Market Residential Units within a Multi-family or Mixed-use Project, and Affordable Housing are approved. This permits an increase of net leasable commercial and office space on site, not to exceed 580 sq. ft., and the development of one free-market residential unit of up to 2,500 sq. ft. of net livable area. The proposed net livable size of the residential dwelling of over 2,000 sq. ft. requires the extinguishment of a historic TDR prior to the issuance of a building permit These approvals permit the remodel and redevelopment of a three story mixed-use building containing net leasable commercial and office space and one free-market residential unit with a maximum building height of 38 feet and a 430 sq. ft public amenity space. Section 2: Building Permit Application Resolution No. 9, Series 2013 Page 2 of 7 The Applicant, the Applicant's General Contractor, the Architect that produced the construction drawings, and representatives from the Building Department, Community Development Department and any other person deemed necessary by the City shall attend a meeting prior to the submission of any type of Building Permit for the Subject Property. The purpose of the meeting shall be to ensure clarity relative to the submission requirements, the requirements of this Resolution, timeframes for processing Building Permits, and any other issues raised by any party. The building permit application shall include the following as applicable: A. A copy of the Planning and Zoning Commission resolutions approving the project. B. The conditions of approval printed on the cover page of the building permit set. C. A completed tap permit for service with the Aspen Consolidated Sanitation District. D. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which meets adopted City standards. E. An excavation stabilization plan, construction management plan (CMP), and drainage and soils reports pursuant to the Building Department's requirements. F. A fugitive dust control plan to be reviewed and approved by the Environmental Health Department. G. A detailed excavation plan for review and approval by the City Engineer. H. Accessibility and ADA requirements shall be addressed to satisfactorily meet adopted building codes. Section 3: Affordable Housinu. As represented, the proposal expands the net leasable commercial and office space by 580 sq. ft. and creates a new free-market residential unit (represented at 2,479 sq. ft of net livable area). Based upon these numbers, the affordable housing mitigation required for this project is 2.71 FTEs at a Category 4 level, which are approved to be mitigated with Certificates of Affordable Housing Credits. The applicant may mitigate at a lower Category level by converting the category designation of the credit pursuant to the Land Use Code. Final net leasable and net livable numbers, as well as the mitigation required, shall be verified at building permit Certificates of Affordable Housing shall be extinguished prior to the issuance of a building permit for the subject project. Section 4: EnOneerint! 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 Applicant design shall also be compliant with the Urban Runoff Management Plan. Resolution No. 9, Series 2013 Page 3 of 7 Section 5: Fire Mitigation All codes adopted by the Aspen Fire Protection District shall be met per building_ permit. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Section 6: Utilities 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. Section-7: Sanitation District Requirements- - - - - - - Service is contingent upon compliance with the District's rules, regulations, and specifications, at the time of construction, 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. On-site utility plans require approval by ACSD. Elevator shafts drains must flow thru an oil and sand interceptor. Plans for interceptors, separators and containment facilities require submittal by the applicant and approval prior to building permit. Below grade development may require installation of a pumping system. One tap is allowed for each building. 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 Where additional development would produce flows that would overwhelm the planned capacity of the existing collection system and or treatment facility, the development will be assessed fees to cover the costs of replacing the entire portion of the system that would be overwhelmed. The District would fund the costs of constructing reserve capacity in the area of concern (only for the material cost difference for larger line). Any 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 and within 3 feet vertically below an ACSD main sewer line. Resolution No. 9, Series 2013 Page 4 of 7 Section 8: Environmental Health The state of Colorado mandates specific mitigation requirements with regards 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 and noise abatement. Wildlife protection/enclosures for the trash and recycle area is required. 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: Parks Landscaping in the public right of way will be subject to landscaping in the ROW requirements, Chapter 21.20. There shall be no plantings within the City ROW which are not approved by the City Parks Department and the Engineering Department. Parks is concerned with any improvements to the sidewalk area. The applicant has indicated that the existing street tree planting is to remain in place. Careful consideration to the location and installation of utilities will determine the success of this desire. Tree Permit: If a tree(s) is requested for removal, the applicant will be required to receive an approved tree removal permit per City Code 13.20, this includes impacts under the drip line of the tree. Parks is requiring that the tree permit be approved prior to approval of building permits. If a permit is necessary, contact the City Forester at 920-5120. Mitigation for removals will be paid cash in lieu or on site per City Code 13.20. Parks will approve a final landscape plan during the review of the tree removal permit based on the landscape estimates. Tree Protection: 1) A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site and their represented drip lines. A formal plan indicating the location of the tree protection will be required for the bldg permit set. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site. This fence must be inspected by the city forester or his/her designee (920-5120) before any construction activities are-to commence. As referenced in Chapter 13.20 Section 11: Impact Fees and School Lands Dedication Fee-in-Lieu The Applicant shall pay all impact fees and the school lands dedication fee-in-lieu assessed at the time of building permit application submittal and paid at building permit issuance. Section 12: Vested Rights The development approvals granted pursuant to this resolution shall be vested for a period of three (3) years from the date of issuance of the development order. Resolution No. 9, Series 2013 Page 5 of 7 No later than fourteen (14) days following the final approval of all requisite reviews necessary to obtain a development order as set forth in this resolution, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a vested property right, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Lots N and O, City and Townsite of Aspen and commonly known as 616 E. Hyman. Section 13: Exhibits. The exhibits listed below are appended hereto and are, by references made to them, incorporated into this resolution as if fully set forth herein: • Exhibit 1 - Schematic elevations, square footages and floor plans • Exhibit 2—C-1 Zone district standards • Exhibit 3 —Approved trash and utility area Section 14: 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, 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 15: 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 resolutions repealed or amended as herein provided, and the same shall be conducted and concluded under such prior Resolutions. Section 16: 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 2nd day of April, 2013. Resolution No. 9, Series 2013 Page 6 of 7 APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: Deb Quinn,Assistant City Attorney LJ Er ,pamer, Chair 0 4VA Wal-F� scHe�d �► Gc C�a i t ATTEST: �Ikie Lothian, Deputy City Clerk Resolution No. 9, Series 2013 Page 7 of 7 I � iNOTE:ALL EXISTING ON-SITE VEGETATION IS TO REMAIN i - NOTE:ADJACENT SIDEWALKS AND ASSOCIATED LANDSCAPE IMPROVEMENTS WILL BE MAINTAINED AND/ OR REPLACED TO THE EXTENT AND IN THE MANNER 22'-21/4" REQUIRED BY THE PARKS AND ENGINEERING DEPTS. A I J �� �,� - PROPOSED PARKING \ � � EXISTING \ \ \ (HC) PLANTER \ \ \ (PUBLIC AMENITY SPA \ CE I I v I a v \ RAMP \ SLOPE TO 12 uj Ll \ \ Z \ Lu uj PROPOSED sERwceraeo Q BUILDING�FOOTPRINT `(tJO;CHANGEFROl�1 I EXISTING TO PROPOSED) \ PPA KING •\ I c. \ BUILDING I \ \ I \ \ (ABOVE)� I \yy��ll \ \ PROPOSED \ \ \ \ \ \ \\ \ PARKING SPECIES T,B.0. \ \ I \ PROPOSED I ' PARKING _ PROPERTY LINE 12'-71/2" T-41/2" ' p, �„ PROPERTY LINE 100'-0" 616 E. HYMAN REDE ,ELOPMENT 616 E.HYMAN AVENUE ASPEN.COLORADO 81611 po$$ SCHEMATIC DESIGN: SITEPLAN , 1 o�1z .��.. A5 0 4 8 16 ��2/15/2013 I I PROPOSED:NEW WALLS SHOWN IN GRAY PROPOSED:NEW ELEVATOR _ _ UP I I i I I I I I I I 1 EXISTING 1 ATRIUM EXISTING (OPEN TO ABOVE) ® COMMERCIAL ' I I I I I I I I PROPOSED:NEW CORRIDOR/ SECOND MEANS OF EGRESS Li I I I EXISTING COMMON BATHROOM I I I EXISTING I COMMON BATHROOM EXISTING/NEW MECHANICAL I I I I I I I I I 616 E. HYMAN REDEVELOPMENT i616 E.HYMAN AVENUE ASPEN,COLORADO 81611 P O S O SCHEMATIC DESIGN: PLAN-PROPOSED BASEMENT LEVEL A6 V V �� m:mr K eii 0 4 B 16 �.oM„w 2/15/2073 PROPOSED'.NEW WALLS (SHOWN IN GRAY) PROPOSED'.NEW ELEVATOR I I I, I � UP �oN I P ELEV.EQUIP. ROOM PROPOSED PLANTER 1 PARKING Hcl I I EXISTING (I -ExISTINC 1 ATRIUM �I (PUBLIC AMENITY OPEN TO SPACE) PROPOSED COMMERCIAL I I I j I i I I i I I �1 RAMP SLOPE: 1' m PROPOSED:NEW CORRIDOR/ .12 n SECOND MEANS OF EGRESS '^ ..,....., oN uv I I I SERVICE AREA ALLEY PROPOSED PROPOSED 1 (LO COMMON COMMON 1 RESTROOM RESTROOM 1 MECH,SHAFT PROPOSED = - - PARKING III I - PROPOSED COMMERCIAL I PROPOSED I I PARKING I �O I I I I I I PROPOSED I = PARKING I I - PROPOSED:NEWWINDOW 1 ' I 616 E. HYMAN REDEVELOPMENT 616 E.HYMAN AVENUE ASPEN,COLORADO 81611 I PUSS SCHEMATIC DESIGN: PLAN-PROPOSEDLEVELI A7 V v 1 02012 2/15/2013 PROPOSED:NEW ELEVATOR PROPOSED:NEW WALLS PROPOSED:ENTRY VESTIBULE (SHOWN IN GRAY) 8 STAIR TO RESIDENCE I I o I EXISTING ATRIUM (OPEN TO BELOW) JANITOR PROPOSED CLOSET COMMERCIAL UP PROPOSED:NEW CORRIDOR/ SECOND MEANS OF EGRESS i PROPOSED PROPOSED COMMON COMMON , RESTROOM RESTROOM ALLEY i MECH.SHAFT ® ® PROPOSED 1 COMMERCAL I 616 E. HYMAN REDEVELOPMENT 616 E.HYMAN AVENUE ASPEN,COLORADO 81611 PUSS O SCHEMATIC DESIGN: PLAN-PROPOSED LEVEL 2 A8 v v 0 InI2 w�un..m:: a s o 4 8 I6 .2/15/2013 PROPOSED NEW ELEVATOR W/PRIVATE KEY CODE ACCESS TO PENTHOUSE I 40'-11 3/4" ° I I I ROOF I I 16'-5 3/4" L, 11 8' 3" 7'-4 1/2.. _ 7FDN CLASS GU RDRAIL I ° I I I I I _ ///���SCREENED WALL 13' 0" �13 113/4'1 I DN M a .r 1NO ROOF) I _III I ' I I PROPOSED PROPOSED Q RESIDENTIAL MECHANICAL L PROPOSED SCREEN - CANOPYABOVE i (SUPPORT COLUMNS SHOWN) 1 ---.I- _. 6'-3" 1 MECH,SHAFT PROPOSED DECKI I GLASS GUARDRAIL ° ROOF/ ° PLANTER 1 I 1 I I � 13'-0" 13'-11 3/4" 616 E. HYMAN REDiVELOPMENT 616 E.HYMAN AVENUE ASPEN.COLORADO 81611 PUSS SCHEMATIC DESIGN: PLAN-PROPOSEDLEVEL3 A9 VV O �� © laa .� o a 8 16 '..2/15/2013 -------------------,_ _._._._._._._._._._._._._._._._._._._._._._._._.� > it �> Jill / v ji'I�'II �I /INTERIOR�EILJVG III I, x, { / /' HEIGHTS 11,- X,: EQUIP. X/ SPACE � � %�=/ Y,A � i��l I'�� i ALLEY I HYMAN AVENUE°g I INTERIOR CEILING � i� RAILING HEIGHT:10 0" II I I I II] II „ � III I i�� INTERIOR CEILING 1 1, HEIGHT 9'_0 Il _ _ _ _ _ _ _ _._._ I!- -_._.-_._._._._._._._._._._._._._._._._.� 1 ROOF PLAN A10 616 E. HYMAN REDEVELOPMENT 616 E.HYMAN AVENUE ASPEN,COLORADO 81611 pOSSARCHIIECIIIREiPIANNING O SCHEMATIC DESIGN : ROOFPLANAIO n�.ror r:...o.�r�ere.r.o."ra °•�•�� NORTH ©zau 4"dL1£w„,,;'�.c 2/152013 SCREEN GNOPY GuSS NAiuNc .......... PARAPET 4 §r 9N i - STOREFRONT AWNINGS 1 ALLEY HYMAN AVENUE u i I w - F 9' a a� J I E I -I-I II l l II IIRI V II II IIII II II Inl 191 ILI W-I -I Trl -II-]-I-I - IJ� N I I I, BUILDING SECTION NI1 ue.�a 616 E. HYMAN REDEVELOPMENT 616 E.HYMAN AVENUE ASPEN,COLORADO 81611 ROSS ARCHITECTURE+P_ANNING SCHEMATIC DESIGN : SECT IO ,� NSnl ni ero TeTe.>.T Iri.Toro..v.so .i°II o:oIR G�",P<�a,�F;,9cr.. 2/15/2013 F1 cxlmncnscroxo] -EEN CAN- occ. PARAPIT cuss xuunc ruuvrr v momommmli ronev.oxrnwxlxcs ALLEY HYMAN AVENUE qF I Jai { L �➢- q z� I- I �II�FII -_ II_III_II_II-�I �1==11 m m u u� In- n -I lu --I ml nTLI 6u n-u E u n-n- u _ �11�1�11 � _ �P-. II-II-II I-ill I II l-�I- I II --I II- II-IL��" -llt.l4m1 II-III-I I-II a-! Fi II I�f�1�-�I1 1 I I T I I- � I- -I III-11- I BUILDING SECTION Al2 iw.,o 616 E. HYMAN REDEVELOPMENT 616 E.HYMAN AVENUE ASPEN,COLORAD081611 pOSS ARCHITECTURE^PIANNINC SCHEMATIC DESIGN : SECTIONS Al2 n�.,.,.,,.,,.,n.,.,.,.,.,. `•�• oxen G`ms1w '. 2/1512013"4 L I Su ryF o — �tl I- - — — II. — I ^LS — I i 1 I T — — I l i I I �,R,1 I ILII I IH 7� IH ]I I I III I I II I I II �1 I u12—.�1.- ,A'l11 m TJ1�,L� �F-'II�rRr�Fi� I I I—I I I I I—ui—uF I— I- �� /, BUILDING SECTION Fla ,n.ia 616 E. HYMAN REDEVELOPMENT 616 E.HYMAN AVENUE ASPEN,COLORADO 61611 ARCHITECTURE.I IaLANNINC SCHEMATIC DESIGN : SECTIONS/►�g .r.r„1.,er.eo:.so ����� 0 2D13 WMA15:'3.,. 2/15/2013 J S ) ���� .�"of�,� i•�� ;�,�, ,' � �' � } �' i ) I.� k ,G I 'E��.){', 'r' J� r.i ;'►T; �.,F,�Lyf f,.' .ta �1-),�;.�..-.' LIL 1 7!' •1 '1 y�j1' y,,�y a,1 t' 1 �6N-v ' ) I I, �L ,k 1 671 e 616 E. HYMAN REDEVELOPMENT 616 E.HVMAN AVENUE ASPEN,COLORADO$1611 PASSSCHEMATIC DESIGN: RENDERING PASS ARCHITECTURE+PL.ANNING ®>o„e.�:�. 2„512013 AI 4 I ELEVATOR OVERRUN SCREEN CANOPY 1 CHIMNEY 7 1 I T.O.PARAPET T.O.PARAPET. 138'' 0° i — 136'-6' HEAVY TIMBER COLUMNS WOOD TIMBER SIDING i I 1 BUILDING OUTLINE STONE VENEER FOR NEIGHBORING BUILDING 411 I 111111 � II � II HEAVYTIMBER 1. F.F,123EL BEAMS/COLUMNS ':r STOREFRONT AWNINGS ,a F.F.LEV_ EL0 112'-0' i ALUMINUM DOOR SYSTEM ALUMINUM STOREFRONT SYSTEM � 1 f F.F.LEVEL 1 _ 100'00'-0' I , 616 E. HYMAN REDEVELOPMENT 616 E.HYM AVENUE ASPEN,COLORADO 81611 p0SS j 1 SCHEMATIC DESIGN: ELEVATION-SOUTH v v 16 m-®__,2115/20 3 A 15 I o a s „ I ) I CHIMNEY BEYOND 1 ELEVATOR OVERRUN BEYOND 1 1 T.O.PARAPET 138'-0" — I T.O.PARAPET 1 135'_-0° WOOD SIDING PARAPET w/WOOD SIDING F.F.LEVEL 3, 1 BUILDING OUTLINE 123'N' 0' FOR NEIGHBORING BUILDING ■ SERVICE YARD f — — F.F.LEVEL 2 112'-0' PAINTED WOOD SIDING PAINTED STEEL COLUMN a F.F.LEVE_ L 100'-0°Y� 616 E. HYMAN REDEVELOPMENT 616 E HYMAN AVENUE ASPEN.COLORADO 81611 POSS ARCHITECTURE, PLANNING SCHEMATIC DESIGN: ELEVATION-NORTH �� na a 0 6 8 16 CMU,Z®.--2115/2013 �ri..or.a••ara�trl�aa.ra�ia.• Exhibit 2 26.710.150. Commercial (C-1) Zone District A. Purpose. The purpose of the Commercial (C-1) Zone District is to provide for the establishment of mixed-use buildings with commercial uses on the ground floor and opportunities for affordable and free-market residential density. A transition between the commercial core and surrounding residential neighborhoods has been implemented through a slight reduction in allowable floor area as compared to the commercial core, the ability to occupy the ground floor with offices, and a separate chapter in the commercial design guidelines. B. Permitted uses. The following uses are permitted as of right in the Commercial (C-1) Zone District: 1. Uses allowed on upper floors: Lodging, affordable multi-family housing, free-market multi-family housing and home occupations. 2. Uses allowed on all building levels: Retail and restaurant uses, neighborhood commercial uses, service uses, office uses, arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center, bed and breakfast, accessory uses and structures, uses and building elements necessary and incidental to uses on other floors, including parking accessory to a permitted use, storage accessory to a permitted use, farmers' market, provided that a vending agreement is obtained pursuant to Section 15.04.350(b). Parking shall not be allowed as the sole use of the ground floor. C. Conditional uses. The following uses are permitted as conditional uses in the Commercial (C-1) Zone District, subject to the standards and procedures established in Chapter 26.425: 1. Lodging, affordable multi-family housing, free-market multi-family housing or home occupations on the ground floor. 2. Commercial parking facility, pursuant to Section 26.515. 3. For historic landmark properties: Detached residential dwelling, two (2) detached residential dwellings and duplex dwelling. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Commercial (C-1) Zone District: 1. Minimum Gross Lot Area (square feet): a. Detached residential dwelling, two (2) detached residential dwellings, duplex dwelling and bed and breakfast: 3,000. b. All other uses: No requirement. 2. Minimum Net Lot Area per dwelling unit(square feet): a. Detached residential dwelling, two (2) detached residential dwellings, duplex dwelling and bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 3. Minimum lot width(feet): Page 1 of 3 a. Detached residential dwelling, two (2) detached residential dwellings, duplex dwelling and bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 4. Minimum front yard setback (feet) a. Detached residential dwelling, two (2) detached residential dwellings, duplex dwelling and bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 5. Minimum side yard setback (feet): a. Detached residential dwelling, two (2) detached residential dwellings, duplex dwelling and bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 6. Minimum rear yard setback (feet) a. Detached residential dwelling, two (2) detached residential dwellings, duplex dwelling and bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 7. Minimum utility/trash/recycle area: Pursuant to Section 26.575.060. 8. Maximum height: a. Detached residential dwelling, two (2) detached residential dwellings, duplex dwelling and bed and breakfast: Same as R-6 Zone District. b. All other uses: twenty-eight (28) feet for two-story elements of a building. Thirty-six (36) feet for three-story elements of a building, which may be increased to forty (40) feet through commercial design review. See Chapter 26.412. 9. Minimum distance between buildings on the lot (feet): a. Detached residential dwelling, two (2) detached residential dwellings, duplex dwelling and bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 10. Public amenity space: Pursuant to Section 26.575.030. 11. Floor area ratio (FAR): The following FAR schedule applies to uses cumulatively up to a total maximum FAR of 2.5:1. Achieving the maximum floor area ratio is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the maximum FAR is not an entitlement and is not achievable in all situations. a. Commercial uses: 1.5:1. b. Arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center and similar uses: 2.5:1. c. Affordable multi-family housing: No limitation. d. Lodging: .5:1, which may be increased to 1.5:1 if the individual lodge units on the parcel average five hundred (500) net livable square feet or less, which may be comprised of lock-off units. Page 2 of 3 e. Free-market multi-family housing: .5:1, which may be increased to .75:1 if affordable housing equal to one hundred percent (100%) of the free-market residential floor area is developed on the same parcel. f. Detached residential dwellings, duplex dwellings and bed and breakfast (as the sole use of parcel and not cumulative with other uses): Eighty percent (80%) of allowable floor area of a same-sized lot located in the R-6 Zone District. (See R-6 Zone District.) Extinguishment of historic TDRs shall not permit additional FAR for single-family or duplex development. 12. Maximum multi-family residential dwelling unit size square feet): 2,000 square feet of net livable area. a. The property owner may increase individual multi-family unit size by extinguishing historic transferable development right certificates ("certificate" or "certificates"), subject to the following: 1. The transfer ratio is five hundred (500) square feet of net livable area for each certificate that is purchased. 2. The additional square footage accrued may be applied to multiple units. However, the maximum individual unit size attainable by transferring development rights is two thousand five hundred (2,500) square feet of net livable area (i.e., no more than five hundred [500] additional square feet may be applied per unit). 3. This incentive applies only to individual unit size. Transferring development rights does not allow an increase in the FAR of the lot. Commentary: Refer to Chapter 26.535 for the procedures for extinguishing certificates. 13. Maximum lodge unit size (square feet): 1,500. When units are comprised of lock-off units, this maximum shall apply to the largest possible combination of units. 14. Commercial/residential ratio: The total lodging and free-market residential net livable area shall be no greater than the total above-grade floor area associated with the uses described in Subparagraphs 26.710.150.D.1 La. and b. combined on the same parcel. (Ord. No. 56-2000, §§7 [part], 12, 15; Ord. No. 25-2001, §5 [part]; Ord. No. 1-2002, §20; Ord. No. 28b-2004, §1; Ord. No. 12-2006, §11; Ord. No. 11, 2007, §2; Ord. No. 27-2010, §4) Page 3 of 3 RAMP SLOPE: I � LA 1:12 I , I L I DN UP 04" 6 - 0' 13' - 11" SERVICE AREA NOTE: PER OWNER AGREEMENT o w/ 610 E. HYMAN, ADDITIONAL I ALLEY ' PROPOSED RECYCLING STORAGE IS LOCATED COMMON AT 610 E. HYMAN RESTROOM ;;r I MECH. SHAFT PROPOSED I FULL WIDTH GATES oo I co I I I I I DRAWING NOT TQ SCALE