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resolution.hpc.018-2015
a I • • • RESOLUTION NO. 18 (SERIES OF 2015), A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION GRANTING MAJOR DEVELOPMENT FINAL APPROVAL, FINAL COMMERCIAL DESIGN APPROVAL AND PLANNED DEVELOPMENT — DETAILED REVIEW APPROVAL FOR A SITE SPECIFIC DEVELOPMENT PLAN FOR THE MOLLY GIBSON LODGE PLANNED DEVELOPMENT LOCATED ON PROPERTY COMMONLY KNOWN AS 101 W MAIN STREET, LOTS 1 AND 2 OF THE MOLLY GIBSON PUD, AND FOR LOT 2 OF THE 125 WEST MAIN STREET HISTORIC LANDMARK LOT SPLIT, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2 735-124-55-800 2735-124-55-005, 2735-124-55-066 WHEREAS, the Community Development Department received an application for the Molly Gibson PD (the Application) from Aspen Galena,TLC (Applicant), represented by Stan Clauson Associates and CCY Architects for the following land use review approvals: • Planned Development —Detailed Review, pursuant to Land Use Code Chapter 26.445. • Commercial Design Review - Final, pursuant to Land Use Code Section 2.6.412. • Major Development - Final for properties within the Historic District, pursuant to Land Use Code Section 26.415; and, WHEREAS, all code citation references are to the City of Aspen Land Use Code in effect on the day of initial application — August 11, 2014, as applicable to this Project; and, WHEREAS, the Application for the Molly Gibson PD proposes: ■ 68 hotel units with 68 bedrooms in 20,575 square feet of net livable area located on Parcel 1 ■ 1 affordable housing unit in 607 square feet of net livable area located on Parcel 1. ■ 2 free market residential single family homes located on Parcel 2 in 9,000 square feet of floor area. ■ 12 parking spaces at -grade spaces on Parcel 1. ■ 4 garage parking spaces, 2 spaces per single family home, on Parcel 2; and,. WHEREAS, the Historic Preservation Commission adopted Resolution No. 35, Series of 2014 granting Conceptual Major Development approval, Conceptual Commercial Design Standard approval, Growth Management allotments, Residential Design Standard Variances, Demolition approval and providing recommendations to City_Council regarding subdivision and Planned Development — Project Review; and, RECEPTION#: 620666, 06/12/2015 at 10:08:55 AM, 1 OF 25, R $131.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RECEPTION#: 620919, 06/22/2015 at Molly Gibson Lodge 11:1$:15 AM, 101 W. Main Street 15 1 OF 25, R $131.00 Doc Code Reso No. 18, Series 20 RESOLUTION Page 1 of 6 6 Janice K. Vos Caudill, Pitkin County, CO WHEREAS, City Council adopted Ordinance No. 3, Series of 2015 granting Planned Development- Project Review approval, an amendment to Growth Management, and Subdivision approval with conditions; and, WHEREAS, the Community Development Department received updated referral comments for Detailed Review from the Aspen Consolidated Sanitation District, City Engineering, Building Department, Environmental Health Department, Parks Department, Aspen/Pitkin County Housing Authority, Public Works Department, and the Transportation; and, WHEREAS, said referral agencies and the Aspen Community Development Department reviewed the proposed Application and recommended continuation; and, WHEREAS, all required public noticing was provided as evidenced by an affidavit of public notice submitted to the record, a public open house was provided by the applicant to meet the requirements of Land Use Code Section 26.304.035, and the public was provided a thorough and full review of the proposed development; and, WHEREAS, the Historic Preservation Commission reviewed the Application at a duly noticed public hearing on May 27, 2015, continued from April 8, 2015, during which the recommendations of the Community Development Director and comments from the public were requested and heard by the Historic Preservation Commission; and, WHEREAS, during a duly noticed public hearing on May 27, 2015, the -Historic Preservation Commission approved Resolution 18, Series of 2015, by a six to zero (6 — 0) vote granting Final Major Development approval, Final Commercial Design approval, and Planned Development- Project Review approval, with the recommended conditions of approval listed hereinafter. NOW, THEREFORE BE IT RESOLVED BY THE HISTORIC PRESERVATION COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Approval Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Historic Preservation Commission hereby grants the Molly Gibson Planned Development — Detailed Review approval, Major Development Final Review and Final Commercial Design Review, subject to the conditions of approval as listed herein and as described in City Council Ordinance No. 3, Series of 2015 and Historic Preservation Commission Resolution No. 35, Series of 2014. Section 2: Subdivision/ID Plat and Agreement Lot 1 of the Molly Gibson PUD and Lot 2 of 125 West Main Street Historic Landmark Lot Split are hereby merged into one lot: Lot 1 of the Molly Gibson Planned Development. Upon filing of the Subdivision Plat Lot 2 of 125 West Main Street Historic Landmark Lot Split is hereby removed from the Aspen Inventory of Historic Landmark Sites and Structures. The Applicant shall submit a Subdivision/PD agreement (hereinafter "Agreement") that meets the requirements of the Land Use Code within 180 days of final approval. The 180 days shall commence upon the granting of Final Commercial Design, Final Major Development and Planned Molly Gibson Lodge 101 W. Main Street Reso No. 18, Series 2015 Page 2 of 6 • Development — Detail Review approvals by the Historic Preservation Commission. The recordation documents shall be submitted in accordance with the requirements of Section 26.490 Approval Documents of the Land Use Code. a. In accordance in Section 26.490.040, Approval Documents Content and Form, the following plans are required in the Approved Plan Set: 1. Final Commercial and Historic Design Review/ Architectural Character Plan. 2. Planned Development Project and Detail Review Plans. 3. Public Infrastructure Plan. 4. Final Transportation Impact Analysis (TIA). b. In accordance with Section 26.490.050, Development Agreements, a Development Agreement shall be entered into with the City. c. In accordance with Section 26.490.060, Financial and Site Protection Requirements, the applicant shall provide a site protection guarantee and a site enhancement guarantee. d. In accordance with Section 26.490.070, Performance Guarantees, the following guarantees are required in an amount equal to 150% of the current estimated cost of the improvement: 1.. Landscape Guarantee. 2. Public Facilities and Public Infrastructure Guarantee. 3. Storm Water and Drainage Improvements Guarantee. Section 3: Enl4ineerin 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. HPC hereby recommends that the City Engineer approve an attached sidewalk along Garmisch Street. The following shall be addressed in the Building Permit application: 1. The drywell lid should not be placed in the ADA aisle, but rather in a non-ADA parking stall. 2. A greater amount of runoff could be directed to the pervious pavers at a 2:1 ratio to utilize the paver sub base for WQCV as opposed to directing the majority of the runoff to the drywell. As stated in the Drainage Report, pavers could be lined and underdrains directed to the drywell. 3. The green roofs capability to treat stormwater should be completely developed. 4. The entrance to the alley needs to be improved_ in order to meet ADA and City standards. 5. Identify utility pedestals serving the property. Relocate all utility pedestals to within the property boundary. 6. Locate any new electric transformer within the property boundary. 7. All sidewalk, curb and gutter must meet the Engineering Standards as outlined in Title 21 and the Engineering Design Standards adopted by Title 29. If the standard minimum slope cannot be met along Main St a formal variance request must be submitted. • Molly Gibson Lodge 101 W. Main Street Reso No. 18, Series 2015 Page 3 of 6. 8. Snow Storage - A minimum functional area equaling 30% of the paved area shall be provided contiguous to the paved and designed to accommodate snow storage. For heated areas, the functional area'can be reduced to 10%. This area should be shown on a plan set. Section 4: Building Project shall meet adopted Building Code in place at the time of building permit submittal. Certificate of Occupancy for the free market residential component is only permitted after a Certificate of Occupancy is granted for the lodge and affordable housing components of the project. Section 5: 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. The trash enclosures for Parcel 1 have received approval by the Environmental Health Department for an enclosure that is 9' x 8.5' x 20' for the trash and recycling receptacles. This area is within the property line and is not encroaching on the alley The trash and recycling for Parcel 2 (the single family residences) shall be located on Parcel 2 and shall be identified as part of the building permit application. Section 6: Transportation The TIA report submitted with the application and dated May 13, 2015 is adopted. . Consideration for the BRT bus stop shall be considered in the Construction Management Plan. Section 7: Water/Utilities The project 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. All Water System Distribution standards in place at the time of building permit shall apply, and all tap fees will be assess per applicable codes and standards. Utility placement and design shall meet adopted City of Aspen standards._ Section 8: Parks The project shall comply with Title 13 of the Municipal Code. Planting of trees is not allowed in Bio-Retention ponds, nor can the location of these ponds affect the long term health of any trees that are proposed. A Tree Removal/Dripline Excavation permit will be required prior to the Parks Department signing off on the building or demolition permit. Tree Protection Fencing shall be in place prior to any construction activity on the properties and the City Forester or his designee shall inspect this fence before construction activity may commence. Section 9: Outdoor LijZhting and Signage All outdoor lighting and all signage shall meet the requirements of the Aspen Municipal Code. .Section 10: Vested Rilzhts • Molly Gibson Lodge 101 W. Main Street Reso No. 18, Series 2015 Page 4 of 6 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 180 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:.101 West Main Street, Molly Gibson Lodge PUD Lots I and 2, and Lot 2 of the 125 West Main Street Historic Landmark Lot Split, City of Aspen, Colorado. Nothing in this approval shall exempt the development order from subsequent reviews and • approvals required by this approval of the general rules, regulations and 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 11 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 12: 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. Molly Gibson Lodge 101 W. Main Street Reso No. 18, Series 2015 Page 5 of 6 • • Section 13: 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. FINALLY, adopted, passed and approved this 27`h day of May, 2015. Approved as to form: a uMn City Attorney Attest: athy St c and, Deputy City Clerk Attachments: Cso as content: a ber, Chair Exhibit A: Approved elevations, floor plan, landscape plan and site plan ...................................................... 0 N N 0 0 0 ...... 0 0 0 0 0 0 0 0 0 0 N 0 1 Molly Gibson Lodge 101 W. Main Street Reso No. 18, Series 2015 Page 6 of 6 �J • • _ L I I I - N K �l-� KH_l-I-f Li I i i I ,j 0 m t , II, `It 1...� ......... i., g. Z EE - I 1 I n I \1 � I I I I I ® i ip O 13MUS HOSIVRIVE) d A Z L nz O� Z cf) D - A o nU z OE 101 W. MAIN ST. DATE Zols SHEET: 3,�STANnCLAusoN ASSOCIATESINe MOLLY GIBSON LODGE 9ARCHITECTS ..... 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