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HomeMy WebLinkAboutFile Documents.333 Park Ave.0003.2019 (8).ARBK NOTICE OF APPROVAL FOR STREAM MARGIN EXEMPTION FOR THE PROPERTY LOCATED AT 333 PARK AVENUE, AS LEGALLY DESCRIBED IN EXHIBIT A. Parcel ID No. 2737-181-0o-017 APPLICANT: BMH Investments, LTD 1001 FANNIN STREET,#3850 HOUSTON,TX 77002 SUBJECT&SITE OF AMENDMENT: 333 Park Avenue ASPEN,CO 81611 SUMMARY: The applicant is requesting an administrative Stream Margin Exemption approval to demolish non-historic additions and stabilize the historic buildings that will remain on the site until they are relocated to 931 Gibson Avenue. REQUESTED REVIEW: • Stream Margin Exemption per Section 26.435.040.B related to proposed demolition of non-historic additions located within 100' of the Roaring Fork River's high water line. The Community Development Director is the final review authority. BACKGROUND: Historically designated in 1995 (Ordinance No. 4, Series of 1995), 333 Park Avenue contains two Victorian era structures moved to this location from Main Street in the 1960s. During this relocation, the front of the historic house was oriented to face the Roaring Fork River, and several bandit units were added around the historic structures over the years. City Council granted the applicant approval to relocate the two historic structures at 333 Park Avenue to 931 Gibson Avenue and historically designate 931 Gibson Avenue following the safe relocation of the historic structures to this site. Subsequently, the historic designation on 333 Park Avenue will be rescinded after relocation (Ordinance No. 22, Series of 2018). PROPOSAL Prior to relocation of the two historic structures, the non-historic additions are to be removed and the remaining historic structures will be stabilized under the supervision of a structural engineer and relevant City departments. Asbestos and lead paint mitigation will occur before demolition of the non-historic additions. Other than structural elements needed to stabilize the remaining historic structures following abatement and demolition, no new development is proposed on this site for this approval. As part of this scope of work, the applicant requests the construction fencing be in place for a maximum time period of 18 months from building permit issuance. 333 Park Avenue Stream Margin Exemption Page I of 6 STAFF EVALUATION: Stream Margin Review is required because demolition is considered development; however, since no expansion is proposed there will be no increase in floor area or increase in site coverage within the loo-year flood plan. The proposed demolition will not cause the remaining structure to extend any closer to the high water line and 333 Park Avenue does not have an approved building envelope. Following the demolition of existing non-historic additions, the remaining historic structures will remain on site until the building foundation is complete on the receiving site. Engineering and Construction Management Plan (CMP) regulations will require site stabilization on 333 Park Avenue following the removal of the non-historic additions. The criteria for erosion prevention and sediment control must be addressed. See the Storm water Management section of the CMP Manual for more details. Site stabilization includes drainage patterns before and after demolition and irrigation and planting measures. The applicant must repair damaged areas within the Top of Slope and 15 feet setback to riparian condition as outlined within the Urban Runoff Management Plan (URMP). All disturbed areas must be established with reasonable completion to ensure the neighbors and river are not negatively affected. The proposal does not require the removal of any trees on the site for this scope of work. The proposed silt fence along the top of slope avoids disturbing the trees nearby. Additionally, the applicant proposes to place protective fencing around the trees located towards the south east corner of the property. Staff finds this application meets the required criteria for a Stream Margin Exemption. Please see Exhibit C for Review Criteria. Engineering and CMP reviews require site stabilization following demolition. According to the approvals granted by City Council, the allocation of any fee credits for demolition work on 333 Park Avenue shall remain with the parcel where the structures are currently located, and credits shall only be given for legally established floor area. The non- historic additions, including the basement, proposed for demolition are identified as bandit units that were not legally established, therefore, no reconstruction credits will be given for these units. As a result, the applicant requests a total floor area credit of 1,882.04 square feet for only the historic structures. Staff finds that the total floor area of the historic structures to be correct and the request for this credit is in compliance with the approved City Council ordinance. The applicant has requested for the construction fence to remain in place for a maximum of 18 months from building permit issuance for 333 Park Avenue. According to the CMP submitted with this application, the proposed construction fence is a 6'-o" tall chain-link fence faced with 333 Park Avenue Stream Margin Exemption Page 2 of 6 a mesh visual screening material. The placement of this fence will include the public right-of- way and the east and west side yards of the property(Figure 1). The proposed fencing material is only permitted under CMP regulations (Section 4.5 of CMP) and the duration of construction fencing is defined by an active permit. Due to the unique conditions and scope of work on this site, there are concerns related to protecting the historic structures and securing the stream margin area. As a provisional approval, an extension of the CMP approved fence to remain up for no more than 30 days beyond the completion of work for the permit is permitted. Beyond this extension, the applicant is required to remove the construction fencing and any other aspects of construction mobilization, subject to the IBC/IRC code and the CMP Manual. For the purposes of securing the site, the applicant may submit for a fence permit that complies with the Land Use Code without additional stream margin review. Y .,) „.._1,,_Ps'_,ts_).,h"..,..,,,.-„.N,...,.....e•, �T�NN / \•\,,it,.s ,s,•,•,s N E%NTNO}STORY ` 1 ts-,\'_1, ..,,,\s 0r41 SES!SH %STRUCTURE / ``... `_---_---"-- 44 .R r,.a /. _\t y r 41 ‘ A..Z.,:,,sik12-4 u 01;,,,,,'• .\.. \.\\ *�� \\,, Proposed construction fence V' EDRIT cvv W Figure 1: Site plan with proposed construction fence and job site configuration 333 Park Avenue Stream Margin Exemption Page 3 of 6 Staff finds that the proposed construction fence meets the CMP requirements and will be permitted to remain with an active building permit, pursuant of Engineering and CMP review criteria. If no active work related to demolition and site stabilization occurs on site, following the 30 day extension, the applicant will be required to remove the construction fence but may apply for a fence permit as outlined in the conditions for approval. DECISION: The Community Development Director finds the application for Stream Margin Exemption to be consistent with the review criteria (Exhibit C) and thereby, APPROVES the request, with the following conditions: 1. Following is the anticipated permit order: o Repair Permit (#0003.2019.ARBK). o Demolition Permit, which will include stabilization of the site. o Timing of relocation to 931 Gibson to be established through HPC review process. 2. At the time of issuance of demolition permit, the following is required: o Bond amount of$45,000 for the two historic buildings. o Narrative for irrigation and planting measures for immediate stabilization of the site after demolition. o Drainage patterns of the site before and after demolition. 3. The demolition calculations totaling 1,882.04 square feet for the two historic structures to remain as credits on 333 Park Avenue, is confirmed. 4. Pursuant to the CMP requirements, Section 3.2, public notification of surrounding neighbors within 300 ft radius will occur prior to work commencement. 5. The following fencing is permitted: o Construction fence as approved in CMP for the repair permit may be extended to cover work occurring under the demolition permit. o The approved construction fence is permitted to remain up for no more than 30 days beyond final work in the demolition permit as a provisional approval. Construction fencing pursuant to another subsequent active permit within the 30 days shall supersede this request. o The applicant may submit for a fence permit that complies with height and materials in the Land Use Code without additional stream margin review for the purposes of site security, if one is needed following the removal of the construction fence. 333 Park Avenue Stream Margin Exemption Page 4 of 6 APPROVED BY: Web ,Ankot,0 Tfr. 1lom CJ ssica Garro€ Date ommunity Development Director Attachments: Exhibit A - Legal Description (Recorded) Exhibit B - Demolition and Floor Area Calculations (Recorded) Exhibit C - Review Criteria and Staff Findings (In file) Exhibit D - Application (In file) 333 Park Avenue Stream Margin Exemption Page 5 of 6 EXHIBIT A: Legal Description of Address 333 Park Avenue A tract of land situated in the Southwest-1/4 of the Southeast 1/4 of Section 7 and in the Northwest 1/4 of the Northeast 1/4 of Section 18, Township 10 South, Range 84 West of the 6th P.M., Pitkin County, Colorado. Said tract is part of the Lone Pine M.S. 1910 and the Mollie Gibson Lode, M.S. 4281 Am and is more fully described as follows: Beginning at the West Corner of Lot 1, Sunny Park Subdivision, whence corner No. 3 of said Mollie Gibson Lode bears N 43°40'00" W 146.00 feet and S 38°00'00" W 100.00 feet; thence S 46°20'00" W 10.00 feet to a point on the centerline of a road easement as shown on a plat recorded in Book 4 at Page 398 of the records of Pitkin County; thence following said centerline 16.23 feet along the arc of a curve to the left having a radius of 40.00 feet, the chord of which curve bears S 55°17'30" E 16.12 feet; thence S 66° 55'00" E 49.99 feet along said centerline; thence S 32° 09'58" W 13.39 feet; thence S 50° 17'00" W 130.26 feet; thence N 34° 17100" W 59.99 feet; thence N 52°40'00" E 34.33 feet; thence N 43°40'00" W 32.60 feet; thence N 46° 20'00" E 86.0o feet; thence S 43° 40'00" E 32.00 feet to the point of beginning. 333 Park Avenue Stream Margin Exemption Page 6 of 6 S13311H J a V VI ' 3 .— IniWlMrdi:mwrillsni,s,'0A n o O n3180J sr .. . ¢e g?,ead EEc gk i W CD - _ sx.,. ]s n o H >1NV8�i]AI2i ' mi NNOU N Z� an'na. 0 nl. inlutm l "+ 1pn511 l I"n i n Y IIIII en I l n lam Innlnn d__ -• unnlnnlvullunl.tfn 1 mUm n r {.._.g IllllllnllIllIl, n•Anllnllnu mnlmllllll Im{i (j :. $.. =.�mnlllllIIIIIl l0UIIINlnllhIIINlltllnlmnll q films;' ,n1UUWnm,I1dminggnnnupnnmmnnnl i �ijj "_ 1 II niumolillllannllllnn011nllnulllmnnl O1�3Alt�,.. 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