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HomeMy WebLinkAboutPreApp.232 E Main PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Ben Anderson, 970.429.2765 DATE: February 3, 2020 PROJECT: 232 E. Main / 834 W. Hallam REPRESENTATIVE: Chris Bendon; BendonAdams TYPE OF APPLICATION: Administrative Amendment to a GMQS Development Order – 232 E. Main Administrative Amendment to a GMQS Development Order and Amendment to Affordable Housing Certificates – 834 W. Hallam DESCRIPTION: This PreApp is a description of a process that will result in two, distinct land use applications and reviews – but that are directly related in the outcome and should be reviewed simultaneously. 232 E. Main received Final HPC approval in Resolution No. 3, Series of 2017 for the redevelopment of the commercial structure on the property. Section 2 of the resolution required the provision of required mitigation in the form of Affordable Housing Credits (Category 4) at the time of building permit issuance. Per Zoning review of the subsequently submitted building permit – the project will require the extinguishment of 6.86 FTE, Cat. 4 Housing Credits. 834 W. Hallam received Final HPC approval in Resolution No. 14, Series of 2017 for the redevelopment of the former Poppies Restaurant, a designated property. The project would create affordable housing units that would generate 18.75 FTE, Cat. 4 Housing Credits. These two projects are currently under related ownership – and the developer would like to tie the two projects together – in allowing a portion of the units developed at 834 W. Hallam to be used to satisfy the mitigation requirements at 232 E. Main. Staff has determined that this proposal will require amendments to the approvals for both of the projects. In the case of 232 E. Main, the amendment will state that the mitigation for the net leasable created by the project will be provided with off-site units completed as part of the project at 834 W. Hallam. The Certificate of Occupancy for the 232 E. Main project will be conditioned on the issuance of a Certificate of Occupancy for the AH units created at 834 W Hallam project. This amendment, if approved, will be administrative and in the form of a Notice of Approval. The applicant should be aware that once this amendment is established, under no circumstances will the CO for 232 E. Main be considered until the AH units at 834 W. Hallam have been issued a CO. In the case of 834 W. Hallam, the amendment will identify the relationship to the project at 232 E. Main. It will also specify the provision of 6.86 FTE (or the final number established at project completion), Cat. 4 mitigation to the 232 project and will specify that the balance of 11.89 FTE. Cat. 4 (or the final number remaining after the provision of the 232 mitigation – will be issued as affordable housing credits following the CO of the 834 project. This amendment, if approved, will be administrative an in the form of a Notice of Approval. Due to the assumed time demands of this request, it is recommended that the applicant provide proposed language for the two notices of approval as part of the application submittal. This submission is not required but may facilitate a more efficient review. Below is a link to the Land Use Application Form for your convenience: https://www.cityofaspen.com/191/Municipal-Code The City of Aspen Land Use Code can be accessed at: https://www.cityofaspen.com/DocumentCenter/View/1835/Land-Use-Application-Packet-2017 Land Use Code Section(s) 26.304 Common development review procedures 26.470.150 Insubstantial Amendment to a Growth Management Development Order (Both 232 and 834) 26.540.130 Amendment to a project that creates affordable housing certificates (834 only) Review by: Staff for application completeness Community Development Director for review Public Hearing: No. Planning Fees: 232 E. Main Street $1300 planning deposit for up to 4 billable hours. Additional/lesser hours billed/refunded at $325 per hour. 834 E. Hallam Ave. $1300 planning deposit for up to 4 billable hours. Additional/lesser hours billed/refunded at $325 per hour. Referral Fees: APCHA on each – Flat Fee $650 each Total Deposit: $1,950 for each submitted application To apply, submit the following items in PDF/digital format – for each of the applications  Completed Land Use Application and signed fee agreement.  Pre-application Conference Summary (this document).  Street address and legal description of the parcels on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner’s right to apply for the Development Application.  Applicant’s name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant.  HOA Compliance form (attached to the Land Use Application).  Narrative of the project proposal – that includes a description that relates the project timelines of the 232 and 834 projects.  Written responses to the criteria in the two sections identified above (26.470.150 and 26.540.130) that would allow these amendments to be reviewed administratively.  Recommended – proposed language for the amendment as described in the Notice of Approval. Refer to the language in the description section above for guidance on the content of this proposed language. Once the copy is deemed complete by staff, the following items will then need to be submitted:  Total deposit for review of each application. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right.