HomeMy WebLinkAboutRecorded NOA_232 E MainJanice K. Vos Caudill
Pitkin County Clerk and Recorder
534 East Hyman Avenue
Aspen, CO 81611
(970)429-2716
rNurnoer or uocuments Kecorded: 2
�jTI[IN Transaction Receipt
COUNT V Print Date: 03/04/2020 04:08:55 PM
Transaction 11636703
Transaction Type: Recording
Receipt#2020001199
Cashier: Chrissy Carson
Cashier Date: 03/04/2020 04:08:53 PM
Reception#663235 - APPROVAL - 3pg(s) Recording Surcharge: $3.00
Recording Fee:$20.00 $23.00
Reception#663236 - APPROVAL - 3pg(s) Recording Surcharge: $3.00
Recording Fee:$20.00 $23.00
$46.00
Payment Received: Check # 1435 $46 00
Change $0.00
Presented by:
ASPEN CITY OF (COMM DEV)
COMMUNITY DEVELOPMENT
130 S GALENA ST
ASPEN, CO 8 1611
RECEPTION#: 663235, R: $23.00, D: $0.00
DOC CODE: APPROVAL
Pg 1 of 3, 03/04/2020 at 04:08:63 PM
Janice K. Vos Caudill, Pitkin County, CO
NOTICE OF APPROVAL
APPROVAL FOR AN INSUBSTANTIAL ADMINISTRATIVE GROWTH MANAGEMENT
AMENDMENT FOR THE PROPERTY COMMONLY KNOWN AS 232 EAST MAIN STREET,
LEGALLY DESCRIBED AS LOTS R & S, BLOCK 73, CITY AND TOWNSITE OF ASPEN,
COUNTY OF PITKIN, STATE OF COLORADO.
Parcel ID No. 2737-07-320-008
APPLICANT: 232 East Main Street, LLC
REPRESENTATIVE: Chris Bendon, BendonAdams, LLC
SUBJECT & SITE OF APPROVAL:
This is an Administrative Decision amending the Growth Management approval granted pursuant to
Historic Preservation Commission Resolution No. 3, Series of 2017 relative to the timing and technique of
providing the project's affordable housing obligation. HPC Resolution No. 3 required the provision and
extinguishment of affordable housing certificates at the time of building permit issuance. The Applicant
has requested approval to supply built units within the to -be -built 834 West Hallam affordable housing
project prior to issuance of a Certificate of Occupancy for the 232 East Main Street project.
Specifically, Section 2 of HPC Resolution No. 3, Series of 2017 states:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
Growth Management approval is granted for the construction of approximately 4,141
square feet of new net leasable space, with the condition that 60% of the FTEs generated by
the new net leasable area shall be in the form of Category 4 credits.
The Applicant requests this language be modified to permit the affordable housing obligation to be met
prior to issuance of a Certificate of Occupancy with the delivery of built units within the 834 West Hallam
affordable housing project.
This request is subject to the following Land Use Code sections:
• 26.470.150: Insubstantial Amendment to a Growth Management Development Order
BACKGROUND AND SUMMARY:
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 building permit 0132.2018.ACBK, the project will require the extinguishment of 6.86
FTE, Cat. 4 Housing Credits. Some final adjustment of this figure may occur if adjustments to the net
leasable area occur.
Page II
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 EVALUATION:
The proposed amendment to the growth management approval is reviewed pursuant to Land Use Code
Section 26.470.150.A, Staff finds that the proposal meets the requirements in the following manner:
The 232 E. Main Street project's design, layout, and uses are not changing. The amendment only affects
the method of providing affordable housing mitigation — from delivery of affordable housing credits upon
issuance of a building permit to delivery of affordable housing units prior to the issuance of a Certificate of
Occupancy. The affordable housing units to be delivered will be developed at 834 West Hallam, a project
that has received approvals to be developed as a multi -unit affordable housing project.
The applicant is not requesting a change to the number or category of affordable housing to be provided.
UPC Resolution No. 3, 2017 provided the growth management approval and requires the delivery of
Category 4 affordable housing credits for 60% of the additional employees generated by the development.
This change is only to the timing and method of affordable housing mitigation to be provided and changes
no other aspect of the project. This is considered by staff to be an insubstantial change.
DECISION:
The Community Development Director amends the growth management approval granted to 232
East Main pursuant to HPC Resolution No. 3, 2017 as follows:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
Growth Management approval is granted for the construction of approximately 4,141 square
feet of new net leasable space, with the condition that 60% of the FTEs generated by the
new net leasable area shall be mitigated by the completion of Category 4 affordable housing
units to be constructed on the 834 West Hallam Street property. A Certificate of Occupancy
for the 232 East Main Street commercial project shall not be issued until the 834 West
Hallam Affordable Housing project has obtained a Certificate of Occupancy.
The projects at 232 E. Main St and 834 W. Hallam are now directly related by this action.
This approval is concurrently recorded with an Amendment to the approvals for 834 W.
Hallam recorded at Reception No. (0 2_!(0 . 834 W. Hallam is proposed to
generate 18.75 Category 4 FTEs. Following the completion, deed restriction and certificate
of occupancy for the affordable housing units established at 834 W. Hallam, approximately
6.86, Category 4, FTEs will be used to fulfill the mitigation requirements at 232 E. Main St.
The balance of the 18.75 FTEs will be issued as Affordable Housing Certificates.
Because of the timing requirements in the provision of affordable housing mitigation
(Affordable Housing Credits at the time of Building Permit Issuance, and Completed Off -
site Units by the time of Certificate of Occupancy), review of any future proposed
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amendment to this provision shall not be administrative, but instead will completed by the
Aspen City Council per 26.208.010(0.).
APPROVED BY:
i lip S pi
Community Development Director
AGREED TO AND ACCEPTED BY:
Mark Hunt, Manage`--
232 East Main Street LLC
a Colorado limited liability company
Date
3.3 Zo
Date
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