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Home My WebLink AboutP&Z Reso. No. 6, Series of 2020_225 N. MillRESOLUTION 6 (SERIES OF 2020) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING AN INSUBSTANTIAL AMENDMENT TO A PLANNED DEVELOPMENT, AND COMMERCIAL DESIGN REVIEW FOR A PROPERTY LEGALLY DESCRIBED IN EXHIBIT A, COMMONLY KNOWN AS 225 N. MILL STREET. Parcel No. 2737-073-17-004 WHEREAS, the Community Development Department received an application from 225 N. Mill Street, LLC, 1530 Broadway, 3rd Floor, New York, NY 10036, requesting approval for an Insubstantial Amendment to a Planned Development and Commercial Design Review for the property located at 225 N. Mill Street; and, WHEREAS, the Community Development Department Staff reviewed the application for compliance with the applicable review standards; and, WHEREAS, upon review of the application and the applicable Land Use Code standards, the Community Development Director recommended approval of the Insubstantial Amendment to a Planned Development & Commercial Design Review; and, WHEREAS, the City of Aspen Planning and Zoning Commission reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, reviewed and considered the recommendation of the Community Development Director, and took and considered public comment at a duly noticed public hearing on October 6, 2020; and, WHEREAS, the City of Aspen 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 at a duly noticed public hearing on October 6, 2020; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets the applicable review criteria and that the approval of the request is consistent with the goals and objectives of the Land Use Code; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare; and, WHEREAS, the Planning and Zoning Commission approves Resolution 6, Series of 2020, by a seven to zero (7-0) vote, granting approval of the Insubstantial Amendment to a Planned Development and Commercial Design Review as identified herein. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Series N. Mill St P&Z Resolution 6, Series of 2020 RECEPTION#: 669760, R: $48.00, D: $0.00 Page 1 of 8 DOC CODE: RESOLUTION Pg 1 of 8, 10/22/2020 at 03:38:49 PM Janice K. Vos Caudill, Pitkin County, CO NOW, THEREFORE BE IT RESOLVED by the Aspen Planning and Zoning Commission: Section 1: Insubstantial Amendment to a Planned Development: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves the request for an Insubstantial Amendment to a Planned Development to reconfigure the interior space, to develop an enclosed glass entry along the east fagade, to update existing HVAC equipment and to improve existing bathrooms to comply with ADA accessibility requirements. Section 2: Commercial Design Review: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code and the Commercial, Lodging, and Historic District Design Standards and Guidelines, the Planning and Zoning Commission hereby approves Commercial Design Review to develop the exterior glass enclosure as depicted in Figure B of this resolution. Section 3: Conditions of Approval: The approval is granted with the following conditions of approval. 1. The Floor Area is represented at 7,738 sq. ft., the net leasable area is represented at 8,985 sq. ft. and the height is represented at 26-ft., 7-inches. For the purposes of this project, minimal changes of a technical nature may be approved at building permit. Any subsequent amendments impacting Floor Area or Net Leasable Area will require Planned Development and/or Growth Management Review. 2. P&Z hereby allows a reduction in the existing Street -Level Pedestrian Amenity Space related to the overhang protecting the new entry doors, finding that Commercial Design Guideline PA1.5 is met. The existing Pedestrian Amenity is 16.7 percent of the lot and the approved Pedestrian Amenity is 16.3 percent of the lot. 3. As part of building permit review, the applicant must document the existing and proposed Second Tier Commercial Space and confirm that no less than 50 percent will continue to meet the Municipal Code requirements. 4. Any tree removal or landscaping is subject to review and approval from the Park's Department. Section 4• 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, are hereby incorporated in such site development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. 225 N. Mill St P&Z Resolution 6, Series of 2020 Page 2 of 8 Section 5• 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 6• 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 meeting on October 6, 2020. APPROVED AS TO FORM: James R. True, City Attorney ATTEST: Cindy Iklob, Records Manager Exhibit A: Legal Description of property Exhibit B: Approved plans PLANNING AND ZONING 225 N. Mill St P&Z Resolution 6, Series of 2020 Page 3 of 8 Exhibit A- 225 N. Mill St. Legal Description EXHIBIT 'A" LEGAL DESCRIPTION Ali of Lori D, E. P, G. H and I In Block 78 of the City and Townie of Aspen according to the OtricW pint recorded as Reception NO. 109023 is Drawer 3. Together with an $Ohthtg ttlang dW parcel of land, bW% a part of Tract A of the Aspen Townie Addition in Section 7; T. 10 S., R. 84 W. of the 6th P.M. more particularly described as follows: Begum ttg at a point where No 4-5 of the City and Towaske of Aspen httersects with the Easterly line of Block 78 as it runs sim the Westerly litre of Mill Street; thence Northwesterly along said line 4-5 of Aspen 185 feet, more or less, to the iroersec ion of line 4-5 wkh the Nmtiterly line of Block 78 u It rum along rite: Soulloriy Do of Hallam Street; do nee Easterly along the projected said Northerly line of Block 78, 155 feet, more or less, to the projected Northeasterly corner of Block 78; thence Southerly along the Easterly line of Block 78 as it is projected along die Westerly side of Mill Street 100 loot, more or Less, to the point of beginning. Except any portion of said triangular parcel lying South of the Southerly boundary One of Lob A through 1, Block 78, extended Easterly to Mill Street. and A parcel of land situated in the SW 114 of Section 7, Township 10 South, Mange 84 West of the 6th Principal Meridian, pWcln County, Colorado. Said parcel is more truly described as follows: Beginning at a point on the Westerly line of the Mill Street right-of-way whence the West 114 corner of said Section 7 tears N 26' 39' 14" W 1724.04 feet; thence S 20' 16' 00" W 86.72 feet; Own N 14' SW 49" E $6.33 feet along the Easterly line of Block 78, City of Aspen; thence S 75' 09' 11' E 8.19 fed to the point of beginning. Except any portion thereof being a part of the right -of -wry for Mill Street. and A papetual non-exclusive easement and right -of -wry for purposes of hgpW and egress over the followhtg described real property: A panel of land situated in the SW 114 of Section 7. Township 10 South, Range 84 West of the 6th Principal Meridian, Pkkin County, Colorado. Said parcel Is more fully described as follows: Beginning at the point of Intersection of line 4-5 of the Aspen Townsite with rite Northerly no of Block 78, City of Aspen, whetux the West 1/4 corner of said Section 7 bears N 22' 15' 02" W 1618.85 fed; thence S 75. 09' 11" E 157.76 feet along the Northerly line of Block 78, City of Aspen; thence N 69' 44' 00" W IS7.05 feet; thence S 200 16, 00" W 14.90 be to the point of beginning' _ T, 0 ro 225 N. Mill St P&Z Resolution 6, Series of 2020 Page 4 of 8 Exhibit A- 225 N. Mill St. Legal Description w a, and O A trail easement situated in the SW 114 Section 7, Township 10 South, Range 84 West of the 6th w Principal Meridian, Piddn County, Colorado, being 5 feet on each side of the following described centerline: 4° BeShming at a point on the line between Lot 1 and Lot 2 of the Ttttennan Neighborhood Connnorclal y Project, whence the West 114 corner of said Section 7 bean N 24. 33' 28' W 1355.04 Lest; thence S 05' 00, 001 W 30.00 feet; thmm 82.61 feet around a curve to the left having a radius of 400.00 -o fast; d moe S 060 50' 00" E 73.00 feet; them 54.02 feet around a curve to the left having a radius co of 49.00 feet; thence S 700 00' 000 E 25.00 feet; thence 15.71 feet wound a curve to the right w b, tl tt rXM of 15.00 ftg; thence S 10, 00' 000 E 28.48 feet to a point on the North line of O Block 78, City of Aspen, Colorado. +� r have in an vacated streets and alleys adjacent to the u Together with any interest first g� may Y � above described property, and together with all easements and other slpvtenances thereto, and all 10 attached fixtures thereon. 0 A COUNTY OF PITKIN, STATE OF COLORADO °o Book 679, Page 577 0 w 0 225 N. Mill St P&Z Resolution 6, Series of 2020 Page 5 of 8 4"JIrtmrsul, ,Vr HALLAM STREET Acaroull r -----A�J—, ""U""'lln 575*9541 199.47 sov It IT . '•ryl � 1 1 I �/ DE f fl, SO mom New overhang Lo ALLEY-13LOCK 78 n PROPOSED SITE PLAN Exhibit B- 225 N. Mill St. Approved Plans 225 N. Mill St P&Z Resolution 6, Series of 2020 Page 7 of 8 Exhibit B- 225 N. Mill St. Approved Plans 0 (D --- ---------------------------- ----------------- P*Vovvwppgq IP w" IP Igo" J)_PRQPI�SED SOUTH ELEVATION - ----- - ------- - ------ El rIT PROPOSED WEST ELEVATION 225 N. Mill St P&Z Resolution 6, Series of 2020 Page 8 of 8