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HomeMy WebLinkAboutresolution.hpc.014-2019 RECEPTION#: 658727, R: $23.007 D: $0.00 DOC CODE: RESOLUTION Pg 1 of 3,09/16/2019 at 02:46:03 PM Janice K. Vos Caudill, Pitkin County, CO RESOLUTION #14,SERIES OF 2019 A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION GRANTING MINOR DEVELOPMENT, COMMERCIAL DESIGN REVIEW, GROWTH MANAGEMENT, AND TRANSPORTATION AND PARKING APPROVAL FOR THE PROPERTY LOCATED AT 414-422 E. COOPER AVENUE, LOTS N, O AND P, BLOCK 89, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID: 2737-182-16-301 WHEREAS, the applicant, 414-422 East Cooper Avenue LLC, represented by BendonAdams and Modif Architecture, has requested HPC approval for Minor Development Review, Commercial Design Review, Growth Management, Transportation and Parking mitigation for the property located at 414-422 E. Cooper Avenue, Lots N, O and P, Block 89. City and Townsite of Aspen, Colorado; and WHEREAS, the review is subject to the Municipal Code in place at the time of application completeness on June 11, 2019; and WHEREAS, a Development Review Committee meeting was held on July 17, 2019, resulting in referral comments from City departments which have been incorporated into the evaluation of this application; and WHEREAS, HPC reviewed the project on August 14, 2019. HPC considered the application, the staff memo, Development Review Committee comments, and public comments, and found the proposal consistent with the review standards and granted approval with conditions by a vote of 7 to O. NOW,THEREFORE, BE IT RESOLVED: Section_ 1: Minor Development Review HPC hereby approves Minor Development, Commercial Design Review, Growth Management, Transportation and Parking mitigation for the project at 414-422 E. Cooper Avenue with the following conditions: 1. All conditions of approval related to the demolition and replacement of the structure at 422 E. Cooper Avenue, as expressed in HPC Resolution #35, Series of 2016, remain in effect. 2. At building permit review, the applicant must document the existing Second Tier Commercial Space on this site and verify that no reduction is occurring. Per Section 26.412.080.A of the Aspen Municipal Code, Second Tier Commercial Space Applicability, no portion of Second Tier Commercial Space may be used as storage, office, and the like, for another commercial space. No portion of the ground floor on this property may function as net leasable space serving the second floor use. HPC Resolution #14, Series of 2019 Page 1 of 3 3. The new FTEs generated by this project and requiring affordable housing mitigation are approximately 0.02. All calculations used to determine the required mitigation will be confirmed during the building permit review process. The applicant may mitigate via Affordable Housing Credits or cash-in-lieu, which must be at a Category 4 level, provided prior to issuance of the permit. 4. The project involves an increase of approximately 1,760 square feet of new net leasable space with a mitigation requirement is 1.76 parking units, all of which can be mitigated through a cash-in-lieu fee of$38,000 per space. Final calculation of the new net leasable space will be confirmed during the building permit review process. 5. Transportation Impact Assessment and mitigation for new trips generated by the development will be finalized through Engineering during building permit review. 6. Applicant must coordinate with City Departments to address referral comments to the extent possible, prior to submitting for building permit review. 7. This approval is subject to the issuance of an administrative approval for development within a view plane. 8. HPC staff and monitor must review and approve samples of all exterior materials prior to issuance of building permit. 9. The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 18o days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, 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 site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, 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: 414-422 E.Cooper Avenue. Nothing in this approval shall exempt the development ,order from subsequent reviews and approvals required by this approval of the general rules, regulations and HPC Resolution #14, Series of 2019 Page 2 of 3 ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 2: Material Representations 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 Community Development Department, the Historic Preservation Commission, or the Aspen 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 other specific conditions or an authorized authority. Section 3: Existing LitiSation 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 A: Severability 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 COMMISSION at its regular meeting on the L ay of 4,2019. Approved as to Form: Approved as to Content: James R. True, City Attorney Gr en Greenwood, Chair ATTEST: c Nicole Henning, Deputy City Clerk HPC Resolution #14, Series of 2019 Page 3of3