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HomeMy WebLinkAboutagenda.apz.20130618 AGENDA ASPEN PLANNING AND ZONING COMMISSION TUESDAY, June 18, 2013 REGULAR MEETING: 4:30 p.m. Sister Cities room 130 S. Galena Street, Aspen I. ROLL CALL II. COMMENTS A. Commissioners B. Planning Staff C. Public III. MINUTES IV. DECLARATION OF CONFLICT OF INTEREST V. PUBLIC HEARINGS — A. 700 Ute Ave. (Aspen Alps), PUD Amendment and Subdivision, continued from June 11th (continue to July 2nd) B. 601 W. Hyman Ave. — Final Commercial Design Review C. P&Z recommendations with regard to off-street parking, continued from May 21St VL OTHER BUSINESS A. Motion to provide Commercial Design referral comments to HPC on 420 E. Hyman (Zocalito building) for final review VII. BOARD REPORTS VIII. ADJOURN Next Resolution Number: Lk P1 MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Jessica Garrow, Long Range Planner THRU: Jennifer Phelan, Community Development Deputy Director RE: 700 Ute Ave (Aspen Alps)—PUD,PUD Amendment,Rezoning, Subdivision Resolution No.14, Series of 2013 MEETING DATE: June 18, 2013 The applicant has requested the public hearing for the Aspen Alps PUD/Subdivision be continued to the next regular P&Z meeting on July 2, 2013 to provide additional time to respond to the questions raised at the public hearing. P&Z Motion: I move to continue the public hearing for the Aspen Alps PUD, Rezoning, and Subdivision application to July 2, 2013. P2 Jessica Garrow From: Sunny Vann <vannassociates@comcast.net> Sent: Wednesday, June 12, 2013 10:57 AM To: Jessica Garrow Subject: Alps Continued P&Z Hearing Jessica, As we discussed the Alps would like to continue the P&Z hearing from June 18 to July 2 to provide sufficient time to prepare a response to the questions raised at last night's public hearing. Thanks! Sunny Vann Vann Associates, LLC P.O. Box 4827 Basalt, CO 81621 vannassociates @comcast.net 970/925-6958 970/920-9310 Fax CONFIDENTIALITY NOTICE This e-mail transmission and any accompanying documents contains information belonging to the sender that may be confidential. This information is intended for the use of the individual or entity to whom this e-mail transmission was sent`as indicated above. If you have received this transmission in error, please advise the sender by reply e-mail and destroy all copies of the original transmission including any accompanying documents. 1 P3 MEMORANDUM TO: Planning and Zoning Commission FROM: Sara Nadolny,Planning Technician THRU: Chris Bendon,Community Development Director MEETING DATE: June 18,2013 RE: 601 E.Hyman Ave—Final Commercial Design Review APPLICANT/OWNER: building located at 601 E. Hyman Avenue. The Victorian Square,LLC Applicant has previously received approvals for Conceptual Commercial Design and Growth REPRESENTATIVE: Management reviews, and has vacated the building's Stan Clauson, Stan Clauson Associates condo plat and covenants. and Sarah Broughton,Rowland& Broughton Architecture and Urban STAFF RECOMMENDATION: Design The Applicant has responded to direction from Staff and the Commission throughout the design process, and LOCATION: presented an attractive and appropriate design for the 601 E. Hyman Street, City and proposed building. Staff is not recommending any Townsite of Aspen design changes to this application. S* taff recommends that the Planning and Zoning Commission approve the CURRENT ZONING&USE minor expansion of commercial, lodge or mixed use The existing building is located in the development and Final Commercial Design Review, Commercial (C-1) zone district. The with conditions. site is currently used commercially. PROPOSED LAND USE: The Applicant is proposing the demolition of the existing commercial building and its replacement with a mixed-use building. SUMMARY: The Applicant requests Planning and Zoning Commission approval of the application for Final Commercial Design Review and minor expansion • ` of commercial, lodge or mixed-use , �r development relating to the demolition ' and redevelopment of the existing Figure A:Photo image of the subject property 1 P4 BACKGROUND: 601 E. Hyman Ave is a two-story commercial building, commonly known as the Garfield & Hecht office building. The Applicant proposes to demolish the two-story commercial building and replace it with a three-story mixed-use building, containing 7,317 square feet of commercial net leasable space, to be divided between the basement, first and second floors, and a 1,806 square foot free market third floor residential unit. w _, 7v I � / r ♦ �� ` y�` , spen Art Museum site p Figure B:Vicinity map LAND USE REQUEST AND REVIEW PROCEDURES: The applicant is requesting the following land use approvals from the Planning and Zoning Commission: • Final Commercial Design Review — Commercial Character Area pursuant to Land Use Code Chapter 26.412, Commercial Design Review. An application for Commercial Design Review requires the Planning and Zoning Commission, at a public hearing, to approve, approve with conditions or disapprove of the Commercial Design Review. • Minor expansion of a commercial, lodge or mixed-use development pursuant to Land Use Code Section 26.470.060.5, Growth Management Quota System, Administrative applications. An application for the expansion of commercial net leasable space for mixed-use buildings up to (250) square feet may be approved, approved with conditions or denied by the Community Development Director. Staff has chosen to combine this approval with Final Commercial Design Review before the Planning and Zoning Commission, as it relates to the project's final approvals. 2 P5 Previous Approvals Conceptual Commercial Design Review was approved by the Planning and Zoning Commission through Resolution No. 19, Series of 2012. Growth Management Review was approved by the Planning and Zoning Commission through Resolution No. 22, Series of 2012, with a recommendation to Council supporting Subdivision Review in the same Resolution. The Applicant has since vacated the condominium plat (Reception No. 59893 1) and covenants (Reception No. 598932), thereby circumventing the step to City Council to complete the Subdivision review. STAFF COMMENTS 1. CONF14ERCIAL DESIGN REVIEW: This application requires review under the Commercial Design Standards as they apply to all commercial, lodging, and mixed-use development containing a commercial component within the City of Aspen. The property is located in the Commercial Character Area of the Commercial, Lodging and Historic District Design Objectives and Guidelines. This property is just outside of the Commercial Core Historic District. The design purpose within the Commercial Character Area is to create a vibrant, well-connected pedestrian system with attractive public spaces, and buildings that provide a well-defined street edge with height and variation appropriate for the pedestrian scale. This area is influenced by lodge development to the south, and is undergoing many changes with the development of the neighboring Muse and Aspen Art Museum buildings. These buildings tend to reflect a more modern design, while utilizing materials that are historic to the area, such as masonry and wood. Storefront design is typically less characteristic of this area. Emphasis is placed on providing for an improved pedestrian experience to draw pedestrians from the adjacent Commercial Core and increase the overall vitality of the area. Existing Conditions The site is on the corner of E. Hyman Ave and S. Hunter St, with a total lot size is 4,500 sf. A two-story commercial building currently exists on the property, with a gross square footage of 6,292 sf and a commercial net leasable area of 5,487 sf. The property hosts 595 sf(13%) of public amenity space. There is no on-site parking provided. Proposed Development The Applicant is proposing a three-story mixed-use building, with a total gross square footage of 9,304 sf. The proposed commercial net leasable area is 7,317sf, and the free-market net livable area is 1,806 sf. The property will host 562.50 sf(12.5%) of public amenity space, and no on- site parking will be provided. 3 P6 The key design objectives of the Commercial Character Area are provided below. The Commission must find that the new development will meet these objectives. A. Strengthen the sense of relatedness with the Commercial Core Historic District. Staff Comment: Staff finds that the proposed building strengthens the sense of relatedness with the Commercial Core Historic District in its design, which incorporates mainly traditional materials, and yet has an understated modern motif. This building is a compliment to the traditional building practices found in the Commercial Core District, but with a bit more modern variety. The building has been designed with three distinct modules, which vary in their setback from the property line. These modules and materials serve to reduce the massing from a pedestrian perspective, and provide visual interest while strengthening the street edge. Ground floor retail is planned for the building, providing a draw for pedestrians to move from the Commercial Core to this area. Staff finds this criterion to be met. B. Maintain a retail orientation. Staff Comment: The Applicant is proposing ground floor retail in the building's design. The ground floor has also been design with floor to ceiling windows at the edge of the pedestrian walkway. This high degree of transparency will allow pedestrians to look into these commercial spaces, and will enhance the street vitality along E. Hyman Ave and S. Hunter St. Staff finds this criterion to be met. C. Promote creative,contemporary design. Staff Comment: The proposed building has been designed in such a way as to express a modern design with traditional aspects. The design has contemporary forms, and uses primarily traditional materials, such as wood, brick, glass and steel. The proposed laminate is a more contemporary material that complements the traditional materials used. The cantilevered second and third stories and the numerous green roofs add to a more contemporary feel of the design. The building will integrate well with the contemporary designs of the Aspen Art Museum at the opposite end of the block and the neighboring Muse building. The proposed building will be situated orthogonally on the site, complying with the traditional development patterns found throughout this character area. Staff finds this criterion to be met. D. Encourage a well-defined street wall. Staff Comment: The Applicant has proposed an enhanced pedestrian walkway around the building, a design which was previously approved by the Planning and Zoning Commission, and serves as public amenity space for the proposed project. The building's ground level will directly abut this walkway, creating a strong edge to for both Hunter St and Hyman Ave. The building's modules help to add variety that is more unique than found in the Commercial Core Historic District. The street fagade is defined by the street trees that are proposed 4 P7 between the pedestrian walkway and the roadway. Benches and landscaping are planned for the public amenity space. Staff finds this criterion to be met. E. Reflect the variety in building heights seen traditionally. Staff Comment: The proposed building is varied in height and designed with differing modules, with the highest module measuring at 35' and the lowest module measuring at 27'. The building's elevator tower reaches a height of 38'. The building has been designed to reflect the original lot width. The proposed building is slightly lower than its neighboring Muse building, and significantly lower than the Aspen Art Museum, therefore recognizing a range in the buildings found in the Commercial Area. Staff finds this criterion to be met. F. Accommodate outdoor public spaces while establishing a clear definition to the street edge. Staff Comment: The application includes two outdoor benches for public use, which are shielded from the outdoor elements by an overhead canopy. Because they are covered these benches do not contribute to the amount of approved public amenity space; however they do contribute to the success of the outdoor public space for this project. Public amenity space has been previously approved by the Planning and Zoning Commission in the form of a widened public walkway that is visually enhanced with decorative pavers. The outdoor public space is further enhanced by the installation of street trees that will buffer pedestrians from street traffic and off-street parking. The enhanced walkway will abut the building's ground floor, and will allow the pedestrian direct interaction with the windows of the first floor retail. Staff finds this criterion to be met. G. Promote variety in the street level experience. Staff Comment: The proposed building has been designed with a high degree of transparency at the first floor level, which is intended to house retail stores. Architectural details include variation in materials used on each module of the building as well as the covered walkway along the Hyman facade which will allow pedestrians to walk or use the benches and remain protected from the elements. Enhanced landscaping in the form of street trees will add to the street level experience. Staff finds this criterion to be met. 2. GROWTH MANAGEMENT QUOTA SYSTEM(GMQS): Minor Expansion of a Commercial,Lodge or Mixed-use Development. The Applicant has made some minor changes from what was previously approved through the GMQS review to the floor area the commercial and residential aspects of the proposed development. Although the mix is proposed to remain the same, with basement, first and second floors as commercial and a third floor free-market residential unit, the size of the use at each floor has changed. 5 P8 Level Formerly Proposed Currently Proposed Basement 1,826 sf net leasable 1,816 sf net leasable First Floor 3,045 sf net leasable 2,497 sf net leasable Second Floor 2,394 sf net leasable 3,004 sf net leasable Third Floor 1,835 sf net livable 1,806 sf net livable Formerly 7,265 net leasable space was proposed. Currently 7,317 sf of net leasable space is proposed. This is a change in 52 s£ According to Section 26.470.060.5 Minor expansion of a commercial, lodge or mixed-use development of the Code, an expansion that involves less than 250 sf of new net leasable space may be approved, approved with conditions or denied by the Community Development Director. Staff has chosen to combine this with the Commercial Design Review discussed previously so that this change may be recorded in the attached Resolution. Staff has found the proposed increase to be allowed for in terms of available growth management allotments, and therefore recommends approval of this increase. The change to net livable square footage has no impact on the amount of growth management allotments the Applicant may receive, as one residence, regardless of size, needs one GMQS allotment. This was previously approved in Resolution 22, Series of 2012 (attached as Exhibit G), and does not need to be re-addressed. Previous approval required the Applicant to provide mitigation for 4.79 Full Time Equivalents (FTE'). With the addition of net leasable space, the Applicant will be required to provide mitigation for 4.90 FTE's. As previously approved, the Applicant continues to request approval to provide for mitigation in the form of the purchase of Certificates of Affordable Housing Credit. CITY DEPARTMENT REVIEW COMMENTS: 1. Engineering— The site design must meet the requirements of the Urban Runoff Management Plan. A compliant drainage plan must be submitted with the building permit application. All sidewalk, curb and gutter must meet the Engineering Standards as outlines in Title 21. A construction management plan must be submitted prior to building permit that addresses staging and encroachments. An excavation stabilization plan must be submitted prior to building permit. 2. Parks- Landscaping in the Right-of-Way(ROW) is subject to the requirements found in Chapter 21.20 of the Municipal Code. All plantings in the ROW shall be approved by the Parks and Engineering Depts. Improvements to the ROW shall include Silva Cell Technology and pavers placed within the planting zone(5' from the back of curb). These improvements should coordinate with the neighboring 625 E. Hyman Ave improvements to the extent possible. An approved tree permit is required prior to the removal of any 6 P9 tree, or impact on any tree's drip line, and shall be approved prior to building permit. Parks shall approve the final landscape plan during the review of the tree removal permit based on the landscape estimates. RECOMMENDATION: Staff believes the proposed development meets all of the necessary criteria for development in the Commercial Character Area and Commercial (C-1) zone district. Staff feels the presence of ground level retail combined with a high degree of transparency at the edge of the enhanced walkway will serve create a more vibrant pedestrian experience and bring interest to an area of the city that generally lacks the vitality of the adjacent downtown core. The building has been appropriately designed to act as an anchor for this block of Hyman Ave, and will maintain interest from the street level with its varied modules and materials. The proposed building is an appropriate and attractive addition to a block that is undergoing a complete makeover. The addition of 52 sf of net leasable space (requiring 52 net leasable growth management allotments)permits additional commercial space within the proposed development, maintains the required ratio of commercial to free-market square footage, and does not present an issue for available growth management allotments for this calendar year. Community Development Department Staff recommend that the Planning and Zoning Commission approve the Applicant's request for minor expansion of a commercial, lodge or mixed-use development, as well as Final Commercial Design Review, as proposed. RECOMMENDED MOTION: Planning and Zoning Commission is the final review board for this Final Commercial Design Review. If the Commission chooses to recommend approval for the request, they may use this motion "I move to make a recommendation to approve the request for Final Commercial Design Review and the Minor expansion of a commercial, lodge or mixed-use development for 601 E. Hyman Ave, with conditions as outlines in the Resolution." ATTACHMENTS: Exhibit A— Commercial Design Review Criteria Exhibit B— Final Review Design Guidelines—Key Objectives Exhibit C— Final Review Design Guidelines—Commercial Character Area Exhibit D- Updated GMQS Calculations Exhibit E - City Department Referrals Exhibit F- Application Exhibit G- Approved Resolutions Exhibit H- Vacation of Condo Declaration and Covenants 7 P10 RESOLUTION NO._ (SERIES OF 2013) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING FINAL COMMERCIAL DESIGN FOR THE DEVELOPMENT OF A MIXED-USE BUILDING AND MINOR EXPANSION OF COMMERCIAL, LODGE OR MIXED-USE DEVELOPMENT FOR THE PROPERTY LOCATED AT 601 E. HYMAN AVE,CITY OF ASPEN, PITKIN COUNTY, COLORADO Parcel ID: 2737-182-250-31, 2737-182-250-28, 2737-182-250-30, 2737-182-258-01, 2737-182-250-27, 2737-182-250-32, 2737-182-250-33, 2737-182-250-29 WHEREAS, the Community Development Department received an application from the Victorian Square, LLC (Applicant), represented by Stan Clauson of Stan Clauson Associates, Inc., requesting the Planning and Zoning Commission approve a Final Commercial Design for Mixed-Use development at 601 E. Hyman Ave; and, WHEREAS, pursuant to Chapter 26.412 of the Land Use Code, commercial design review approval may be granted by the Planning and Zoning Commission at a duly noticed public hearing; and, WHEREAS, the Applicant received Conceptual Commercial Design Review approval from the Planning and Zoning Commission on October 16, 2012 via Resolution 19, Series of 2012; and, WHEREAS, the applicant received Growth Management Review approval by the Planning and Zoning Commission who also provided a favorable recommendation to City Council for Subdivision Review on December 4, 2012 via Resolution 22, Series of 2012; and, WHEREAS, the applicant proceeded to vacate the condominium plat for Victorian Square Condominium Units 1-7 (Reception No. 59893 1) and to vacate all covenants for Victorian Square Condominiums (Reception No. 598932). WHEREAS, the applicant requests approval by the Planning and Zoning Commission for Final Commercial Design Review and Minor expansion of commercial, lodge or mixed-use development; and, WHEREAS,upon initial review of the application and the applicable code standards, the Community Development Director recommended approval of the application; 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, and has taken and considered public comment; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards; and, WHEREAS,the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety and welfare. t P11 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 Final Commercial Design Review for the redevelopment of 601 E. Hyman, as illustrated in Exhibit A. Section 2• Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves the minor expansion of commercial, lodge or mixed-use development, with an increase of 52 sq. ft. of net leasable space. This will increase the amount of Full-Time Equivalents (FTE's) that must be mitigated for,and is an addition to the previous approval received through Resolution 22, Series of 2013. Section 3• All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded 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 3• 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 4• 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. Section 5: Vested Rights The development approvals granted pursuant to Planning and Zoning Commission shall be vested for a period of three (3) years from the date of issuance of the Development Order. 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 67, Colorado Revised Statutes, pertaining to the following described property: 601 E. Hyman Avenue, 2 P12 City of Aspen, CO by Resolution No. Series of 2013, of the Aspen Planning and Zoning Commission. APPROVED by the Planning and Zoning Commission of the City of Aspen on this 18th day of June, 2012. LJ Erspamer,Chairman APPROVED AS TO FORM: Deb Quinn, Assistant City Attorney ATTEST: Jackie Lothian,Deputy City Clerk Exhibit A: Approved Commercial Design Review Plans 3 P13 Exhibit A Review Criteria Commercial Design Review A. The proposed development meets the requirements of Section 26.412.060, Commercial design standards, or any deviation from the standards provides a more appealing pattern of development considering the context in which the development is proposed and the purpose of the particular standard. Unique site constraints can justify a deviation from the standards. Compliance with Section 26.412.070, Suggested design elements, is not required but may be used to justify a deviation from the standards. Staff Response: The proposed development has been found by Staff to meet the requirements of Section 26.412.060 of the Commercial Design Standards, and no deviations from these standards are being sought by the Applicant. During the conceptual commercial design review process, the public amenity space was approved at 12.5% of the lot, rather than the 13% that currently exists on-site; however, that which is approved meets the standards for public amenity space as found in this chapter of the land use code. The Applicant has indicated intent to comply with the Suggested design elements in Section 26.412.070. Staff finds this criterion to be met. B. For proposed development converting an existing structure to commercial use, the proposed development meets the requirements of Section 26.412.060, Commercial design standards, to the greatest extent practical. Changes to the facade of the building may be required to comply with this Section. Staff Response: The existing building is exclusively used for commercial use, and no conversion of uses is required. Staff finds this criterion to be non-applicable. C. The application shall comply with the guidelines within the Commercial, Lodging and Historic District Objectives and Guidelines as determined by the appropriate Commission. The guidelines set forth design review criteria, standards and guidelines that are to be used in making determinations of appropriateness. The City shall determine- when a proposal is in compliance with the criteria, standards and guidelines. Although these criteria, standards and guidelines are relatively comprehensive, there may be circumstances where alternative ways of meeting the intent of the policy objectives might be identified. In such a case, the City must determine that the intent of the guideline is still met, albeit through alternative means. Staff Response: Staff has determined that the application meets the standards of the Commercial, Lodging and Historic District Objectives and Guidelines for the Commercial Character Area. The standards are specifically discussed in Exhibit B, following. Staff finds this criterion to be met. 1 P14 Exhibit B Final Review Design Guidelines Commercial Character Area Key Design Objectives Commercial Character Area Design Objectives: These are key design objectives for the Commercial Area. The City must find that any new work will help to meet them: 1. Strengthen the sense of relatedness with the Commercial Core Historic District. Strengthening the definition of the street edge in a manner similar to the Commercial Core is desired. At the same time, the Commercial Area is a place where more variety in design is encouraged. Imitating historic styles is not an objective, but re-establishing a sense of a stronger fundamental framework will enhance the urban qualities of this area and is a priority. Staff Finding: The proposed building strengthens the sense of relatedness with the Commercial Core Historic District in its design, which incorporates mainly traditional materials, and yet has an understated modern motif. The building has been designed with three distinct modules, which vary in their setback from the property line. These modules and materials serve to reduce the massing from a pedestrian perspective, and provide visual interest while strengthening the street edge. The first floor has a high degree of transparency, which also strengthens the building's relationship to pedestrians who will be able to see into the ground floor commercial uses. The proposed ground and second level commercial spaces will help draw interest and vitality to the area. Staff finds this criterion to be met. 2. Maintain a retail orientation. Greater retail presence should be achieved to ensure an enhanced street vitality and an enriched and more urban definition of the commercial street frontage. Staff Finding: The Applicant is proposing ground floor retail in the building's design. The ground floor has also been design with floor to ceiling windows at the edge of the pedestrian walkway. This high degree of transparency will allow pedestrians to look into these commercial spaces, and will enhance the street vitality along E. Hyman Ave and S. Hunter St. Staff finds this criterion to be met. 3. Promote creative, contemporary design. Designs should seek creative new solutions that convey the community's continuing interest in exploring innovations. At the same time, the fundamental principles of traditional design must be respected. This means that each project should strike a balance in the design variables that are presented in the following pages. Staff Finding: The proposed building has been designed in such a way as to express a modern design with traditional aspects. The design follows natural forms, and uses primarily traditional materials, such as wood, brick, glass and steel. The proposed 2 P15 laminate is a more contemporary material that complements the more traditional materials. The cantilevered second and third stories and the numerous green roofs add to a more contemporary feel of the design. The building will integrate well with the contemporary designs of the Aspen Art Museum at the opposite end of the block and the neighboring Muse building. The proposed building will be situated orthogonally on the site, complying with the traditional development patterns found throughout this character area. Staff finds this criterion to be met. 4. Encourage a well-defined street wall. The intent is to more clearly establish a strongly defined street wall, but with some greater variety than in the Commercial Core Historic District since the historic building edge is not as defined. A stronger street fagade definition should be achieved while at the same time recognizing the value of public dining and landscaped space. Staff Finding: The Applicant has proposed an enhanced pedestrian walkway around the building, a design which was previously approved by the Planning and Zoning Commission, and serves as public amenity space for the proposed project. The building's ground level will abut this walkway, and be made of transparent glass which will allow pedestrians a view into the commercial spaces within. The building's modules help to add variety that is more unique than found in the Commercial Core Historic District. The street facade is defined by the street trees that are proposed between the pedestrian walkway and the roadway. Benches and landscaping are planned for the public amenity space. Staff finds this criterion to be met. 5. Reflect the variety in building heights seen traditionally. It is important that a range and variation in building height and scale in the Commercial Area be recognized in future developments. Larger buildings should be varied in height and reflect original lot widths. Staff Finding The proposed building is varied in height and designed with differing modules, with the highest module measuring at 35' and the lowest module measuring at 27'. The building's elevator tower reaches a height of 38 . The building has been designed to reflect the original lot width. The proposed building is slightly lower than its neighboring Muse building, and significantly lower than the Aspen Art Museum, therefore recognizing a range in the buildings found in the Commercial Area. Staff finds this criterion to be met. 6. Accommodate outdoor public spaces while establishing a clear definition to the street edge. Providing space in association with individual buildings remains important, but should be balanced with much greater building street presence and corner definition. Staff Finding: The application includes two outdoor benches for public use, which are shielded from the outdoor elements by an overhead canopy. Because they are covered these benches do not contribute to the amount of approved public amenity space; however they do contribute to the success of the outdoor public space for this project. Public amenity space has been previously approved by the Planning and Zoning Commission in the form of a widened public walkway that is visually enhanced with decorative pavers. 3 P16 The outdoor public space is further enhanced by the installation of street trees that will buffer pedestrians from street traffic and off-street parking. The enhanced walkway will abut the building's ground floor, and will allow the pedestrian direct interaction with the windows of the first floor retail. Staff finds this criterion to be met. 7. Promote variety in the street level experience. Display cases, architectural details and landscaping are among the design elements that should be used. Staff Finding: The proposed building has been designed with a high degree of transparency at the first floor level, which is intended to house retail stores. Architectural details include variation in materials used on each module of the building as well as the covered walkway along the Hyman facade which will allow pedestrians to walk or use the benches and remain protected from the elements. Enhanced landscaping in the form of street trees will add to the street level experience. Staff finds this criterion to be met. 4 P17 Exhibit C Final Review Design Guidelines Commercial Character Area 1.29 A new building shall reflect the traditional lot width (30 ft) as expressed by two or more of the following: • Variation in height at internal lot lines • Variation in the plane of the front fayade • Street fagade composition • Variation in architectural detailing and materials to emphasize the building module Staff Response: The newly proposed building reflects the traditional lots widths throughout three distinct building modules. There is a variation in height between all three modules as well as in plane of the front facade. Variation between each module is further achieved with the use of distinct material, which provides visual distinction between each module. Staff finds this criterion to be met. 1.30 The detailed design of the building fagade should reflect the traditional scale and rhythm of the block. This should be achieved using all of the following • The fenestration grouping • The modeling of the fagade • The design framework for the first floor storefront • Variation in architectural detail/or the palette of facade materials Staff Response: The rectangular shape and grouping of windows found within the front facade of the largest module on the building complement those found within neighboring building, such as the adjacent Muse building. The first floor is primarily comprised of floor to ceiling windows, providing transparency to the commercial areas within. The choice and color of the building's materials vary across each faVade, creating a sense of visual interest. Stafffinds this criterion to be met. 1.31 A building should reflect the architectural hierarchy and articulation inherent in the composition of the street fayade. The following should be addressed: • The design and definition of the traditionally tall first floor • The vertical proportions of the upper level fenestration pattern and ratio of solid wall to window area. Staff Response: The proposed building has been designed with a traditionally taller ,first floor, which reaches 13', with the second and third floors reaching a lesser height of 11' The first floor has been designed primarily with floor to ceiling glass, thereby increasing the transparency of the main floor. The upper floor fenestration is rectangular, thereby complimenting that found on the ground floor. The large cutaway on the face of the second 5 P18 module found closest to the corner of Hunter St. and Hyman Ave. creates an interesting feature that also complements the remaining fenestration pattern. The finish is more solid on the upper floor, creating a sense of balance with the amount of fenestration found throughout the building. Staff finds this criterion to be met. 1.32 A building should reflect the three-dimensional characteristics of the street fagade in the strength and depth of modeling, fenestration and architectural detail. Staff Response: The building has been proposed with three distinct modules, which have varied setbacks from the property line. This creates a sense of strength and depth in the building's modeling. The first floor is comprised primarily of floor to ceiling glass, with additional windows punched into the upper floor levels. This fenestration creates additional depth to the building's design. The building complements the three-dimensional characteristics of the street facade in fenestration, and adds to the strong street edge with a pedestrian friendly atmosphere. Staff finds this criterion to be met. 1.33 Any new building shall be designed to maintain a minimum of 9 feet from floor to ceiling on all floors. Staff Response: The ground floor ceiling measures at a height of 13', while the second and third floors measure at a height of 11'. Stafffinds this criterion to be met. 1.34 Maintain the distinction between the street level and upper floors. • The first floor should be the tallest floor to floor height in the building • The first floor of the primary fagade should be predominantly transparent glass • Upper floors should be perceived as being more opaque than the street level. Upper story windows should have a vertical emphasis. • Highly reflective or darkly tinted glass is inappropriate • Express the traditional distinction in floor heights between the street levels and upper levels through detailing, materials and fenestration. The presence of a belt course is an important feature in this relationship. Staff Response: At a height of 13 feet, the first floor is the tallest floor of the building. Further distinction is made by the predominance of glass found at the front and western facades. Upper story windows have a vertical emphasis that is complementary to the shape of the fenestration found on the ground floor. The upper floor is composed of materials that are more solid than transparent. No highly reflective or darkly tinted glass is planned for this building. Traditional distinction in floor heights is expressed between the street and upper levels of the building through the change in materials, being primarily glass on the ground floor and laminate wood panels on the Hyman St faVade, and a transition between brick and glass of varying height on the Hunter St favade. While a belt course is not implemented in the design, Staff feels the floors are distinct as designed. Staff finds this criterion to be met. 6 P19 1.35 A new building should be designed to maintain the stature of traditional street level frontage. • This should be 13-15 ft. in floor to floor height on the first floor • The minimum required first floor height must be maintained for at least the first 50 foot depth of the lot, and may only be dropped to a lower height beyond that point for areas that are devoted to storage, circulation, offices, restaurant kitchens, alley commercial spaces, or similar secondary uses. Staff Response:As previously mentioned, the first floor of the proposed building maintains a height of 13'. This height carries through the entirety of the first floor, and does not drop at any point to a lower height. Staff finds this criterion to be met. 1.36 Minimize the appearance of a tall third floor. • Where a third floor's floor to ceiling height is in excess of 12 ft., it should be set back a minimum of 15 ft. from the street facade to reduce the apparent height. • Increase the parapet height to screen the visual impact of a tall top floor. • The design of a setback third floor shall be simpler in form, more subdued in modeling, detail and color than the primary fagade Staff Response: The proposed building's third floor measures at a height of 11', and is not set back from the street facade. The massing of the third floor is reduced by the modules, which step up and down across the top length of the building. The height of the third floor is also minimized by the 19' setback elevator overrun on the building's Hyman Ave facade. The second and third floors are designed to work together with a subdued color palate and uncomplicated design as compared with the primarily glass first story. Staff finds this criterion to be met. 1.37 The first floor fagade should be designed to concentrate interest on the first level, using the highest quality of design, detailing and materials. • A strong and distinctively designed retail framework for the first floor of the building • An entryway designed to use the full height of the storefront • A distinct change in the palette of materials used for the first floor design framework • The depth and strength of the modeling of elements and details Staff Response: The first floor is designed primarily with all glass materials, which creates a high degree of transparency and a distinctive floor. The first story is proposed as retail space, and the glass windows are conducive to supporting a successful retail environment. The building has multiple entryways, 1.38 The retails entrance should be at sidewalk level. 7 P20 • All entrances shall be ADA compliant • On sloping sites the retail frontage should be as close to a level entrance as possible Staff Response: The proposed building has been designed with all retail entrances at sidewalk level. The Applicant has assured Staff that the entrances will be designed to be ADA compliant. This is a flat site, with no slopes to mitigate for. Staff finds this criterion to be met. 1.39 Incorporate an airlock entry into the plan for all new structures. • An airlock entry that projects forward of the primary facade at the sidewalk is inappropriate • Adding temporary entries during the winter season detracts from the character of the historic district • Using a temporary vinyl or fabric "airlock" to provide protection from winter weather is not permitted Staff Response: An airlock is proposed for the midblock entrance on Hyman Ave that leads to a central lobby from which all building uses maybe accessed. The Applicant is proposing no externally projecting airlocks, nor any temporary vinyl or fabric airlocks. Staff finds this criterion to be met. 1.40 Window area along the first floor shall be a minimum of 60% of exterior street fagade area when facing a principal street(s). Staff Response: The building's front facade has been determined by Staff to be E. Hyman Ave. The proposed building's first floor front facade is comprised primarily of glass, and exceeds the 60% minimum window area. Staff finds this criterion to be met. 1.41 Where appropriate a building shall be designed to maintain the character and transparency of the traditional street level retail frontage. Staff Response: The proposed building has been designed such that the first floor retail has a high degree of transparency, with floor to ceiling glass windows which will allow direct views into the commercial spaces within. This will maintain the character and transparency of traditional street level frontage. Staff finds this criterion to be met. 1.42 Design of the first floor storefront should include particular attention to the following: • The basic elements and proportions of storefront design • Depth and strength of modeling • The palette of materials and finishes used in both the structural framework and the storefront window • The concentration of architectural detail to ensure a rich visual experience 8 P21 • The complimentary use of signage and lettering to enhance the retail and downtown character • The use of lighting to accentuate visual presence Staff Response: The first floor storefront has been designed with a variable front facade, forgoing a flat face and creating visual interest with the use of the building's modules. The variable setbacks of the three modules also create depth and strength of modeling. The storefront is designed such that it has a great degree of transparency, and the entryways are easily located. Attention has been paid to the materials and finishes of the structural framework with the use of various materials of complementary color. The Applicant has indicated intention to create signage and lighting that will enhance the character of the building, draw attention to the ground floor retail, and compliment the surrounding Commercial Character Area. Staff finds this criterion to be met. 1.43 Retail frontage facing onto side courts or rear alleys should follow similar design principles to the street frontage, adjusted for the scale of the space. • It should be designed with a similar attention to architectural articulation, detail and materials. • These should have a richness of detail that is inviting to users. Staff Response: The proposed building does not have alley access, nor are there any retail spaces that are designed to face side courts. Staff finds this criterion to be not-applicable. 1.44 A large building should reflect the traditional lot width in form and variation of its roof. This should be achieved through the following: • A set back of the top floor from the front fagade • Reflect the traditional lot width in the roof plane Staff Response: The proposed building's roof closely reflects the City's traditional lot widths in form. Three distinct modules within the building provide variation of the roof. The building's top floor is not setback from the front faivade, rather it actually overhangs the first story, a design element that,was previously approved by the Planning and Zoning Commission during Conceptual Commercial Design Review. Staff finds this criterion to be met. 1.45 The roofscape should be designed with the same design attention as the secondary elevations of the building • Group and screen mechanical units from view • Locate mechanical equipment to the rear of the roof area • Position, articulate and design rooftop enclosures or structures to reflect the modulation and character of the building 9 P22 • Use materials which complement the design of the building facades • Design roof garden areas to be unobtrusive from the street • Use `green roof design best practice, where feasible Staff Response: The proposed roofscape has been designed with very few mechanical features. The elevator overrun will impact the roof, and is setback from the building's front facade by approximately 18'. There area number of green roofs proposed. The majority of mechanical equipment is proposed to be located in the basement of the building. Staff finds this criterion to be met. 1.46 High quality, durable materials should be employed • The palette of materials should be specified, including samples of materials as required Staff Response: The proposed building's materials are high quality and consist of brick, wood, laminate and steel. Visual samples of the materials can be found on sheet AO.5a of the application. 1.47 Building materials should have these features: • Convey the quality and range of materials seen traditionally • Reduce the perceived scale of the building and enhance visual interest of the fagade • Convey a human scale Staff Response: The proposed building's materials are complimentary to those found on other buildings in the Commercial Character Area, utilizing brick, wood, laminate and steel, and convey the types of materials found traditionally throughout the City. The use of the different materials throughout the building's modules will help to create visual interest. The high use of glass on the first story helps to break up the massing of the second module, reducing the scale of the building and providing transparency into the commercial areas. The use of modules further helps to convey a sense of human scale by setting back particular areas of the building, thereby minimizing its massing. Staff finds this criterion to be met. 1.48 A building or addition should reflect the quality and variation in material seen traditionally. Staff Response: The materials proposed for the building are those that have been used traditionally throughout the City. The design incorporates these traditional materials into a more modern design. Staff finds this criterion to be met. 1.49 Where contemporary materials are use they shall be: • High quality in durability and finish • Detailed to convey a human scale • Compatible with a traditional masonry palette 10 P23 Staff Response: The most contemporary of materials used is the laminate with wood finish, which is proposed for the second module of the building's front facade. This appears to be of high quality in durability and finish. The use of this material will help to soften the largest module on the building, and help it to balance the glass that is found on the first story, creating a building with a greater sense of human scale. This material is compatible with the more traditional materials (glass, brick and wood and steel) that are also proposed to be used on this building. Staff finds this criterion to be met. 1.50 Materials used for the third floor accommodation set back from the street facades should be more subdued than primary facades Staff Response: The proposed building's was approved at conceptual design review by the Planning and Zoning Commission with second and third floors that are cantilevered over the first floor. Therefore this standard does not fully apply to the proposed building. However, the upper floors are composed of laminate panels with a wood finish, and are a subdued, natural color which aid in balancing the glass that makes up the majority of the first floor. Staff finds this criterion to be met. 1.51 Paving and landscaping should be designed to complement and enhance the immediate setting of the building area. Staff Response: The Applicant is proposing a widened walkway along the E. Hyman side of the building, which will serve to enhance the pedestrian experience along the block from the new Aspen Art Museum to the corner of Hyman and Hunter. New street trees are proposed between the pedestrian walkway and the street, which will serve as a buffer for pedestrians using the walkway. Staff finds this criterion to be met. m 11 171VIV43 l.d ll,J IUI UV1 C. f1y111011 h1VC Updated GM4S Calculations N Category Existing FAR Proposed FAR Difference Multiplier Mitigation 1. Net Leasable (Total) 5209.00000 7317.000000 2108.00000 FTE's a. Basement 0.000000 1816.000000 1816.000000 3.075000 3.350520 b. First Floor 3045.000000 2497.000000 -548.000000 4.100000 -1.348080 c.Second Floor 2164.000000 3004.000000 840.000000 3.075000 1.549800 3.552240 Total Net Leasable FTE's 2. Net Livable FTE a.Third Floor 0.000000 1801.000000 1801.000000 0.300000 540.300000 1.350750 Total Net Livable FTE's off-site total mitigation= 4.902990 P2 -Memorandum Date: June 11, 2013 To: Sara Nadolny, City of Aspen Planning From: Brian Flynn, Parks Department Re: 601 E Hyman Landscaping within the Public Right of Wad 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. The applicant should recommend a tree based species available in the City of Aspen Arbor guide. Parks will work with the applicant on the final approved tree species. Irrigation will be required with a specific planting medium appropriate for tree growth. Planting specifications and details need to be approved by the City of Aspen Parks Department and City Engineering. The City of Aspen is requiring that the improvements to the ROW include the use of Silva Cell Technology and pavers placed within the planting zone,the area 5 feet off back of curb. These specific improvements are being installed within the ROW of 625 E Hyman Ave and the two projects should coordinate where possible. Tree Permit: Per City Code 13.20 an approved tree permit will be required before any tree is removed or impacted 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 Parks Department at 920-5120 or download the permit at www.aspenpitkin.com on the Natural Resource page, click on the 2012 tree permit tab. Mitigation for removals will be paid cash in lieu or as an on-site planting 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. RECEPTION#: 594172 11/26/2012 at 09:37:16 AM 1 OF 4 R $26.00 Janice K. Vos Caudill/ Pitkin County, CO P26 RESOLUTION NO.19 (SERIES OF 2012) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING A CONCEPTUAL COMMERCIAL DESIGN FOR VICTORIAN SQUARE CONDOMINIUMS, COMMONLY DESCRIBED AS 601 E. HYMAN AVE, CITY OF ASPEN,PITKIN COUNTY,COLORADO Parcel ID: 2737-182-250-31,2737-182-250-28,2737-182-250-30,2737-182-258-01, 2737-182-.250-27,2737-182-250-32,2737-182-250-33,2737-182-250-29 WHEREAS,the Community Development Department received an application from the Victorian Square, LLC (Applicant), represented by Stan Clauson of Stan Clauson Associates, Inc., requesting the Planning and Zoning Commission recommend approval of a Conceptual Commercial Design for Mixed Use development at Victorian Square;and, WHEREAS, pursuant to Chapter 26.412 of the Land Use Code, commercial design review approval may be granted by the Planning and Zoning Commission at a duly noticed public hearing;and, WHEREAS,during a regular meeting on June 19,2012,and a continued public hearing on July 3rd,2012,the Planning and Zoning Commission opened a duly noticed public hearing to consider the project and recommended approval of the conceptual commercial design with conditions;and, WHEREAS,upon call-up review of the project by City Council,during a regular public hearing on August 27,2012,City Council chose to remand the project back to the Planning and Zoning Commission with direction to re-examine the amount of public amenity space found on- site; WHEREAS,at their regular meeting on October 16,2012,during a duly noticed public hearing,the Commission considered City Council's request to re-examine and memorialize the amount of public amenity space found on the subject parcel, and found that the development review standards for Conceptual Commercial Design Review have been met, as long as certain conditions are implemented,by a vote of three to one(3-1); NOW,THEREFORE BE IT RESOLVED that the Planning and Zoning Commission approve the Conceptual Commercial Design Review,pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, for the Victorian Square building, subject to the conditions listed in Section l below. Section 1 The approval is subject to the following conditions: 1. The Final Commercial Design Review application shall reflect and demonstrate compliance with the findings of the Commission. 2. The Final Commercial Design Review application shall include: Page 1 of4 RECEPTION#: 594172, 11/26/2012 at 09:37:16 AM, 2 OF 4, Janice K. Vos Caudill, Pitkin County, CO P27 a. An application for Final Commercial Design Review and the proposed development is further subject to Final Commercial Design Review, GMQS Allotment, and Subdivision. A pre-application conference with a member of the Community Development Department is required prior to submitting an application. b. Delineation of all dimensional provisions of the development. c. A proposed subdivision plat. 3. Approval of the Conceptual Commercial Design does not preclude meeting other requirements of the Municipal Code,such as Engineering and Parks standards. Drawings illustrating the Conceptual Commercial Design Review are attached as exhibits to this Resolution. Section 2: Public Amenity Space The approved public amenity space shall comprise a total of no less than 562.50 sf(12.5%) of the total parcel, with the cantilevered upper floors on the Hyman Ave fagade extending to no more than 3'beyond the first floor of the building. The public amenity will be in the form of an enhanced public walkway that will wrap around Hyman Ave, to Hunter St. This space will include the addition of street trees and other landscaping,as well as bench seating. Section 3: Building The final design shall meet adopted building codes and requirements if and when a building permit is submitted. Section 4:Engineering The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21, Title 28 and all construction and excavation standards published by the Engineering Department. A construction management plan must be submitted in conjunction with the building permit application. A completed drainage report/plan as outlined in the Urban Runoff Management Plan shall be submitted and approved prior to Building Permit issuance. This major project is subject to the fee in lieu requirement of Section 2.12.140 of the Aspen Municipal Code, Section 5:Parks Landscaping in the public right-of-way will be subject to landscaping in the right-of-way requirement, Chapter 21.20,of the Municipal Code. There shall be no plantings within the City right-of-way which are not approved by the City Parks and Engineering departments. Per Municipal Code 13.20, an approved tree permit will be required prior to any tree removal or development within the drip line of the tree. All tree permits must be approved prior to approval of building permits. Parks will approve the final landscape plan during the review of the tree removal permit based on landscape estimates. Section 6: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), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems(1FC,as amended,Section 903 and 907). Page 2 of 4 RECEPTION#: 594172, 11/26/2012 at 09:37:16 AM, 3 OF 4, Janice K. Vos Caudill, Pitkin County, CO P28 Section 7: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. Section 8:Sanitation District Requirements Service is contingent upon compliance with the District's rules,regulations, and specifications, which are on file at the District office. Section 9: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 10:Eneineering 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: School Lands Dedication Before the Applicant is issued a Building Permit, the Applicant shall pay a fee-in-lieu of land dedication pursuant to Chapter 26.620,School Lands Dedication.The amount of the fee 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: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 13: 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 14: 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. Page 3 of 4 RECEPTION#: 594172, 11/26/2012 at 09:37:16 AM, 4 OF 4, Janice K. Vos Caudill, Pitkin County, CO P29 APPROVED by the Planning and Zoning Commission at its regular meeting on October 16, 2012. LJ Erspamer,Chairman APPROVED AS TO FORM: 11 Deb Quinn,Assistant City Attorney ATTEST: 0e,Lot i ,Deputy City Clerk Page 4 of 4 � t 4' RECEPTION#: 594874, 12/17/2012 at 09:23:57 AM, 1 OF 7, R $41.00 Janice K. Vos Caudill, Pitkin County, CO } �/ f� AST P30 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 RECEPTION#: 594874, 12/17/2012 at 09:23:57 AM, 2 OF 7, Janice K. Vos Caudill, Pitkin County, CO P31 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 RECEPTION#: 594874, 12/17/2012 at 09:23:57 AM, 3 OF 7, Janice K. Vos Caudill, Pitkin County, CO P32 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 RECEPTION#: 594874, 12/17/2012 at 09:23:57 AM, 4 OF 7, Janice K. Vos Caudill, Pitkin County, CO P33 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 4's day of December,2012. spamer la ning and Zoning Commission Chair 4 RECEPTION#: 594874, 12/17/2012 at 09:23:57 AM, 5 OF 7, Janice K. Vos Caudill, Pitkin County, CO P34 APPROVED AS TO FORM: r Deb Quinn,Assistant City Attorney ATTEST: Jackie Lothian,Deputy City Clerk Exhibit A:Floor plans 5 Resolution Exhibit A Floor Plans LEVEL 0 FLOOR PLAN LEVEL i FLOOR PLAN LEVEL 2 FLOOR PLAN FLOOR AREA: NET LEASABLE: FLOOR AREA NET LEASABLE FLOOR AREA: NET LEASABLE: 3,573 SF x0%= 0 SF 1,826 SF COMMERCIAL 2,554 SF RETAIL 2,417 SF COMMERCIAL 3,162 SF OFFICE 3,022 SF COMMERCIAL *902.SF •NOWUNIT 191 SF STAIR EXEMPT 3,456 SF FLOOR PLATE *387 SF 'NON-UNIT 3,845 SF FLOOR PLATE W O t0 FLOOR AREA TOTALS EXEMPT DECK AREA: LEGEND «a. -`.... 5,716 SF COMMERCIAL(75%) 2.250 SF FLOOR AREA ALLOWED ww° NET LEASABLE FLOOR AREA \, 1.952 SF RESIDENTIAL(25%) x15 X PERCENTALLOWED N - _ 7,668 3F TOTAL AREA(100%) 337.5 SF EXEMPT DECK AREA NET LIVABLE FLOOR AREA .. .....; "_ ....,war, . - O RESIDENTIAL AREA: DECK AREA.' DECK AREA y+ 2250 SF ALLOWABLE AREA 337.5 SF EXEMPT DECK AREA 4::: .m 0 -1952 SF TOTAL PROPOSED AREA ♦298.0 BF REMAINING RESIDENTIAL FLOOR AREA OPEN TO BELOW 93 U 296 SF REMAINING AREA 635.5 SF TOTAL DECK AREA _ LEVEL J FE PLAN PROPOSED DECK AREA NON-UNIT SPACE w.w 11 FLOOR AREA NET LIVABLE: O•rl 512.0 SF DECK ft1 ..:_._:_... N,k 1,952 SF RESIDENTIAL 1,835 SF RESIDENTIAL -123.5 SF DECK X2 EXEMPTIONS ; \ 265 SF EXEMPTIONS 635.5 SF TOTAL DECK AREA _. ..- -_ _.__.._ . -0 SF 'NON-UNIT PEDESTRIAN AMENITY 2,237 SF FLOOR PLATE N r4'I r-I OD M d' U of LO In O . �> Z ox H E (D P. U WU C W h 'C7 W CA RECEPTION#: 598931, 04/24/2013 at 03:00:07 PM, 1 OF 1, R $11.00 Janice K. Vos Caudill, Pitkin County, CO bit P36 February 25,2013 City of Aspen Planning&Zoning Attn:Sara Nadolny 130 S.Galena Street Aspen,CO 81611 Re:Notice to Vacate Condominium Plat:Units 1 through 7,Victorian Square Condominiums Victorian Square,LLC,a Colorado Limited Liability Company,owner of record of Units I through 7,Victorian Square Condominiums,Pitkin County,Colorado(601 E.Hyman Ave,Aspen,CO 8161 1)hereby requests that the City of Aspen vacate the condominium plat for Units 1 through 7,Victorian Square Condominiums,Colorado 8161 1 as recorded on August 14,1979,Reception 4:217115. Legal Description: UNITS I THROUGH 7,VICTORIAN SQUARE CONDOMINIUMS,ACCORDING TO THE CONDOMINIUM PLAT MAP RECORDED IN PLAT BOOK 8 AT PAGES 25-26 AND FURTHER DEFINED AND DESCRIBED IN I"HL-'CONDOMINIUM DECLARATION RECORDED AUGUST 14, 1979 IN BOOK 374 AT PAGE 124. Owner:VICTORIAN SQUARE.LLC u Colorado limited liability company 13y: RonAndy Management,Inc., a Colorado corporation,Manager / Andrew Vpp.He chi. Presi.dent Date STATE OF W�0lalJp } COUNTY OFpII I HEREBY CERTIFY that,on this day,before me,an officer duly authorized in the State and County aforesaid to administer oaths and take acknowledgments, personally appeared Andrew V. Hecht,as the Vice President or RnnAndy Management,Inc.,a Colorado corporation,Manager of Victorian Square LLC,a Colorado limited liability company who after being duly sworn,acknowledged before me the execution of the foregoing instrument fill-the purposes therein expressed,and who produced 14AM,i20. ID tLLO _ as identification. WITNESS my hand and official seal in th County and St to last aforesaid,this Z-5 day of February,2013. STACY STANEK NOTARY PUBLIC NOT Y STATE OF COLORADO Name: 5 �- NOTARY ID#20024032730 My commission expires: 10-7—(q- My CommiWon Exiles October 7,2014 Pursuant to Aspen Municipal Code 26.480.090 and the above request to vacate,the plat map for Units I through 7, Victorian Square Condominiums,recorded at plat book 8,pages 25-26,as reception number 217115 with the Pitkin County Rec is hereby vacated by the City of Aspen. City of s en By:_--- - 900929 1 6 k RECEPTION#: 596932, 04/24/2013 at 03:01:34 PM, 1 OF 1, R $11.00 ¢ Janice K. Vos Caudill, Pitkin County, CO r PD7 '" February 25,2013 City of Aspen Planning&Zoning Attn:Sara Nadolny 130 S.Galena Street Aspen,CO 81611 Re:Notice to Vacate All Covenants for Victorian Square Condominiums Victorian Square,LLC,a Colorado Limited Liability Company,owner of record of Units I through 7, Victorian Square Condominiums,Pitkin County,Colorado,hereby vacates all covenants for Victorian Square Condominiums,as recorded on August 14, 1979,in Book 374 at Page 124,Reception#:217115. Owner:VICTORIAN SQUARE,LLC a Colorado limited liability company By: RonAndy Management,Inc., a Colorado corporation,Manager 13y-- alas/3 Andrew V.Hecht,Vice President Date STA'fE OF -L0-,�,(I�tL—LO } COUNTY OF } 1 HEREBY CERTIFY that,on this day, before me, an officer duly authorized in the State and County aforesaid to administer oaths and take acknowledgments,personally appeared Andrew V.Hecht, as the Vice President of RonAndy Management, Inc., a Colorado corporation, Manager of Victorian Square LLC, a Colorado limited liability company who after being duly sworn, acknowledged before Im/.e^� `theexecution of the foregoing instrument for the purposes therein expressed, and who produced�W� 'lo n-.P— as identification. ^^�� WITNESS my hand and official seal in the County and State last aforesaid,this G—�J _day of February,2013. STACY STANEK NOTARY PUBLIC STATE OF COLORADO NO Sfif�L �! NOTARY ID#20024032730 Name: MY NonEVku October 7,2014 My commission expires: I,D-1-1 THE CITY OF ASPEN ACKNOWLEDGES the vacation of certain covenants associated with the Victorian Square Condominiums and the plat map thereofvacated by the City of Aspen pursuant to reception tumber5�93/ Pitkin County Recorder. City of spen Datez By:CA'05 �E7IJI�1ll 900926_1 P38 A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION TO INITIATE A CODE AMENDMENT TO PROVIDE PARKING REQUIREMENTS FOR THE NEIGHBORHOOD COMMERCIAL ZONE DISTRICT RESOLUTION#_, SERIES OF 2013 Recitals 1. The Aspen Planning and Zoning Commission may initiate an amendment to the City of Aspen Land Use Code (hereinafter the Land Use Code) pursuant to §26.310.020.A.2. of the Land Use Code. 2. Initiation requires adoption of a. resolution by the Planning and Zoning Commission. 3. The Planning and Zoning Commission held a work session on March 26, 2013 to discuss off-street parking requirements. 4. The Planning and Zoning Commission recommends that Land Use Code §26.515.030, Required number of off-street parking requirements, be amended to add a specific section with parking requirements for the Neighborhood Commercial zone district. 5. At their regular meeting on May 21, 2013, after public notice and hearing, the Aspen Planning and Zoning Commission considered the initiation of a code amendment for that purpose, and continued the hearing to June 11, 2013, at which time the Commission voted to initiate the amendment by a vote of_to NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN: 1. That the Aspen Planning and Zoning Commission hereby initiates a Land Use Code Amendment. to §26.515.040 to add a specific section with parking requirements for the Neighborhood Commercial zone district; and 2. That this Resolution be forwarded to Aspen City Council for authorization to proceed with the process set out in §26.310.020.B. APPROVED BY THE COMMISSION at its regular meeting on the 11th day of June, 2013. 1