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HomeMy WebLinkAboutcoa.lu.ca.905 e hopkins ave.0007.2015.aslu THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0007.2015.ASLU PARCEL ID NUMBERS 2737 182 06 002 PROJECTS ADDRESS 905 E HOPKINS AVE PLANNER JUSTIN BARKER CASE DESCRIPTION INTERPRETATION REPRESENTATIVE PATRICK RAWLEY DATE OF FINAL ACTION 1.30.15 DATE OF FINAL REFUND/ 1.30.15 PAYMENT CLOSED BY ANGELA SCOREY ON: 3.4.15 2737'ISlz -o(v-0o2,- 000? - 20IS- 4S.-W Permits g fr File 1 dit RecordPJavgate Form ReportsFormafTab�Help s k j tj 4q 11 i 511 _ "Main Custom Fields Jtautmg Stats Fee Suinmpry Ac1t©ns Ro g History J h M n =Perm�ttype QAseen Land Use P rm� 0007 2015 ASLO � -.. 3,Address 90a E HOPKI(1S AVE AptlSurte ` 3 r� „ ' City 'SPEIJ r3�,�,� to=CO Zip 81611 d . Staff F a tFermdtnforinatsori f" " s a% - y blaster�rmd `�� Routing queue asluio ipp6ed 0113 Zti15 Plo3ed Status'''Pending -Approved Mall r. SIC I De_ccrphon AP on, FOR All AD(P111JISTRATIVE DETERMIhJAT1O(°l MOUIJTAIfJ HOUSE ued z f e v LODGE-,FLAT FEE ClosedJFina(� „ Subm 1PATRICK RAW'LEY 92�2323 �� �`Runningpafs01fes�01'08'2016 nn Ovrner NO Last name ly1OUFJTAIIJ HOUSE PARI'NE First name 905 E HOPKI(dS AVE "a Fill ASPEW W51611I MW Phoneme J } 0V Address' fl Siga ��pPl�card E :. ., " Merin pplicants Conir is epphce? "£" last name 11OU1,JT.AIN HOUSE PAR-PIEFirst name 905 E HOPKI(JSAVE ASPEN CO 81611 Phone ) Cust-,.129966 Rddress" i Lender Last name First name', nN Fhone ( l Address F i AspenGoldE{server angelas 1 of 1 00 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: Aspen, CO STATE OF COLORADO ) ss. County of Pitkin ) I (name,please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: v Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal.notice section of an official paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. �r r > STSiign___ ature The foregoing"Affidavit of Notice"was acknowledged before me this i Z day of 20t'5, by 1 - PUBLIC NOTICE WITNESS MY HAND AND OFFICIAL SEAL REINTERPRETATION OF THE LAND USE - CODE \\\��I 1 I NOTICE ISHEREBy GIVEN that a code orceMy cornmissl.on expires: C interpre- tation to Section 26;470.070.5,Demolition or rede- .I J velopment of multi-family.housing,of the City'of Aspen Land Use Code;requested by Stan Clau- I '1 / 0Associates,Inc., rendered January 2015 and iavailbleforpublic inspection mthe CommunityDevelopment Department,City /�. Hall, l lJC 130 S.Galena St.,Aspen. Notary Public Published in the Aspen Times on February,l2,11 I [KAREN ;,.,,,,,, m; .� 2015(10942343) . REED PATTERSONATTACH112ENTS: NOTARY PUBLIC STATE OF COLORADO NOTA: Y ID#19964002767COPY OF THE PUBLICATIONyCO`''�'Ssit`^Expires February 15,2016 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT LAND USE CODE INTERPRETATION JURISDICTION: City of Aspen APPLICABLE CODE SECTIONS: 26.470.010—GMQS - Purpose 26.470.050— GMQS - General Requirements 26.470.070.4—Affordable Housing 26.470.070.5—Demolition or redevelopment of multi-family housing EFFECTIVE DATE: January 30, 2015 WRITTEN BY: , Justin Barker, Planner APPROVED BY: Chris Bendon, Date:VV_zi yr ft2, s Community Development Director COPIES TO: City Planning Staff Stan Clauson Associates, Inc. SUMMARY: This Land Use Code interpretation is being issued in response to an inquiry with regard to the potential demolition of the Mountain House lodge and redevelopment of the property. The request was filed by Stan Clauson Associates, Inc. and asks that the Community Development Director confirm several requests regarding mitigation requirements. The requester shall have the right to appeal this code interpretation, as outlined below. BACKGROUND: The Mountain House Lodge currently occupies a 12,000 sq. ft. lot that received Lot Split approval via Ordinance No. 10, Series of 2014 to subdivide the property into two fee simple lots of 6,000 sq. ft. each. A Lot Split plat may only be filed if the existing lodge is demolished to prevent additional non-conformities from being created. The existing lodge contains rental affordable housing units which serve as mitigation for the lodge. DISCUSSION: Staff has relied on the following sections of the Land Use Code to render this interpretation, emphasis added: Page 1 of 3 • Citation A: Section 26.470.010.7—Purpose To ensure that the resulting employees generated and impacts created by development and redevelopment are mitigated by said development and redevelopment. Citation B: Section 26.470.050.B.5—General Requirements Unless otherwise specified in this Chapter, sixty percent (60%) of the employees generated by the additional commercial or lodge development, according to Subsection 26.470.100.A, Employee generation rates, are mitigated through the provision of affordable housing. Citation C: Section 26.470.070.4.d—Affordable Housing ...The proposed units may be rental units, including but not limited to rental units owned by an employer or nonprofit organization, if a legal instrument in a form acceptable to the City Attorney ensures permanent affordability of the units. The City encourages affordable housing units required for lodge development to be rental units associated with the lodge operation and contributing to the long-term viability of the lodge. Citation D• Section 26.470.070.5.2—Requirements for demolishing affordable multi-family housing units In the event a project proposes to demolish or replace existing deed-restricted affordable housing units, the redevelopment may increase or decrease the number of units, bedrooms or net livable area such that there is no decrease in the total number of employees housed by the existing units. The overall number of replacement units, unit sizes, bedrooms and category of the units shall be reviewed by the Aspen/Pitkin County Housing Authority and a recommendation forwarded to the Planning and Zoning Commission. According to Citation A, a primary purpose of the affordable housing on-site is to mitigate the impacts of the Mountain House lodge and employees generated from the use. If there is no development, there is no longer an impact from the development or employees generated by said development. Typically, if a lodge is redeveloped as the same use, a credit is given for the existing development. This credit is given so that only additional lodge development requires affordable housing mitigation as stated in Citation B. This is based on the concept that adequate mitigation has already been provided to offset the development impacts of the existing lodge, and that mitigation should only be provided in proportion to the amount of development that is both existing and proposed. For the Mountain House, the lodge use would be completely eliminated. If there is no development on the property, then there is no requirement for the mitigation. For most properties, the affordable housing provided for mitigation is deed-restricted as "for sale" and ownership is transferred to a separate party, independent of the use. The units are sometimes located on-site and sometimes off-site. The Mountain House lodge is a unique scenario in which the units are rental units on the same property, under the same ownership, and tied specifically to the lodge. This type of scenario is encouraged, as mentioned in Citation C. Citation D outlines the requirements when demolishing affordable housing units. The purpose of this is to retain housing for the same number of employees that are generated by the existing Page 2 of 3 development. If there is no development, zero affordable housing is necessary to retain because zero employees are associated with the development on site. INTERPRETATION: The elimination of the lodge use allows for demolition of the affordable housing associated with it without triggering the mitigation requirements of Section 26.470.070.5.2 because the use and mitigation are tied together on the same property under the same ownership. If the property is redeveloped as a use other than lodge, it effectively becomes a vacant lot, and mitigation will be required as outlined in the Land Use Code in effect at the time of application. APPEAL OF DECISION: Any person with a right to appeal an adverse decision or determination shall initiate an appeal by filing a notice of appeal on a form prescribed by the Community Development Director. The notice of appeal shall be filed with the Community Development Director and with the City office or department rendering the decision or determination within fourteen (14) days of the date of the decision or determination being appealed. Failure to file such notice of appeal within the prescribed time shall constitute a waiver of any rights under this Title to appeal any decision or determination. Page 3 of 3 THE CITY OF ASPEN Land Use Application Determination of Completeness Date: January 22, 2015 Dear City of Aspen Land Use Review Applicant, We have received your land use application for an Interpretation of the land use code as it pertains to 905 E. Hopkins Ave. Mountain House'Lodge) and reviewed it for completeness. ❑ Your Land Use Application is incomplete: Please submit the following missing submission items so that we may.begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. Your Land Use Application is complete: f there are not missing items listed above, then your application has been deemed complete. Please submit the following to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Th You, " Jennife P elan, Deputy Planning Director City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New PD Yes No Subdivision, or PD(creating more than I additional lot) GMQS Allotments Residential Affordable Housing Yes No Commercial E.P.F. Lodging �07 2oJ�. 14SG�I _ STAN CLAUSON ASSOCIATES INC landscape architecture.planning. resort design E t F""'^a"VED C 412 North Mill Street Aspen, Colorado 81611 t.970/925 2323 f.970/92o 1628 s�{ info@scaplanning.com www.scaptanning.com �j ; 7 ?^,* 7 January 2015 CITY OF ASPEN Mr. Chris Bendon, AICP Community Development Director City of Aspen Community Development 130 S. Galena Street, 3rd Floor Aspen, CO 81611 Re: Request for Administrative Determination—Mountain House Lodge Dear Chris: On behalf of our client, please accept this request for an Administrative Determination concerning mitigation requirements for a possible demolition and redevelopment of the Mountain House Lodge, 905 East Hopkins Avenue, Aspen. Specifically, we would like you to confirm the following: • If the Mountain House lodge is demolished and redeveloped as a different use, existing affordable housing mitigation requirements associated with the current lodge use will not apply to any new non-lodge use(s). • The mitigation requirement for any new non-lodge development would be exclusively and only that required in the Land Use Code for new development. • The property is not subject to the Multi-family Housing Replacement provisions of the Land Use Code. Background The Mountain House Lodge currently occupies a 12,000 sq. ft. lot at 905 E. Hopkins Avenue. The client has received Lot Split Approval and would submit a Lot Split Plat to subdivide the lot into two fee simple lots of 6,000 sq. ft. each. One development option is to demolish the existing lodge,which is subject to multiple affordable housing mitigation requirements and redevelop the property as a residential use on each resulting lot. Staff's Preliminary Determination Since the property will likely change use,we sought confirmation from City staff that any new use(s) would not be subject to existing affordable housing mitigation requirements that are associated with the current lodge use. City Planner Justin Barker responded on 30 December 2014,with the following determination: "If the Mountain House lodge is demolished and redeveloped as a different use, the only mitigation requirement would be for whatever new development occurs on the site. The existing affordable housing on the site is directly tied to the lodge use, and removal of the lodge use from the site allows for removal of the affordable housing that was used as mitigation for it without additional requirements." Based on this, it is our understanding that our client will be able to proceed with redeveloping the property into non-lodge use(s) without being subject to affordable housing mitigation Q Mr. Chris Bendon, AICP Community Development Director, City of Aspen -- – Administrative Determination Request—Mountain House Lodge 1, 7 January 2015 Page 2 replacement requirements or to the Multi-Family Housing Replacement provisions of the City of Aspen Land Use Code. Please feel free to call me with any questions. Very truly yours, r a Stan Clauson, AICP, ASLA Stan Clauson Associates, Inc. Encl : Administrative Determination Fee