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HomeMy WebLinkAboutResolution_205 W. Main_AH ProjectHPC Resolution # XX, Series of 2022 Page 1 of 6 RESOLUTION # X, SERIES OF 2022 A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) GRANTING CONCEPTUAL MAJOR DEVELOPMENT, RELOCATION, GROWTH MANAGEMENT, CERTIFICATE OF AFFORDABLE HOUSING CREDITS, SPECIAL REVIEW FOR FLOOR AREA, SPECIAL REVIEW FOR SUBGRADE LIVING AREA, TRANSPORTATION & PARKING MANAGEMENT, AND SPECIAL REVIEW TO WAIVE FEE-IN-LIEU FOR PARKING FOR THE PROPERTY LOCATED AT 205 W. MAIN STREET, LEGALLY DESCRIBED AS LOTS H AND I AND THE EAST FIFTEEN FEET OF LOT G, BLOCK 51, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO PARCEL ID: 2737-124-54-003 WHEREAS, the Applicant, Conservation Housing Partners LLC, represented by Stan Clauson Associates, Inc., has requested HPC approval for Conceptual Major Development, Relocation, Growth Management, Certificate of Affordable Housing Credits, Special Review and Transportation and Parking Management for the property located at 205 W. Main Street; and, WHEREAS, Section 26.415.070 of the Municipal Code states that “no building or structure shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or district until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review;” and, WHEREAS, for Conceptual Major Development Review the HPC shall review the application, a staff analysis report and the evidence presented at a hearing to determine the project’s conformance with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.D.3.b.2 and 3 of the Municipal Code and other applicable Code Sections. The HPC may approve, deny, approve with conditions, or continue the application to obtain additional information; and, WHEREAS, for approval of Relocation, the application shall meet the requirements of Aspen Municipal Code Section 26.415.090.C, Relocation of a Designated Property; and, WHEREAS, for approval of Growth Management, the application shall meet the applicable provisions of Aspen Municipal Code Section 26.470, Growth Management Quota System (GMQS), including the requirements of Code Section 26.470.050.B, General, and Code Section, 26.470.100.C, Affordable Housing; and, WHEREAS, for approval of Certificates of Affordable Housing Credits, the application shall meet the requirements of Aspen Municipal Code Section 26.540, Certificates of Affordable Housing Credits; and, WHEREAS, for approval of Special Review to increase allowable Floor Area of the proposed development, the application shall meet the requirements of Aspen Municipal Code Section 26.430.040.A, Special Review; and, WHEREAS, for approval of Special Review to adjust subgrade living area, the application shall meet the requirements of Aspen Municipal Code Section 26.430.040.I, Affordable Housing Unit Standards; and HPC Resolution # XX, Series of 2022 Page 2 of 6 WHEREAS, for approval of Transportation and Parking Management, the application shall meet the requirements of Aspen Municipal Code Section 26.515, Transportation and Parking Management; and WHEREAS, for approval of Special Review to waive fee-in-lieu for parking, the application shall meet the requirements of Aspen Municipal Code Section 26.515.080, Special Review; and WHEREAS, Community Development Department staff reviewed the application for compliance with applicable review standards and recommended approval with conditions; and WHEREAS, the development of affordable housing and preservation of historic structures are supported by numerous City regulatory objectives, as described in the City of Aspen Land Use Code, and policy objectives as described in the Aspen Area Community Plan; and WHEREAS, on October 26, 2022, HPC reviewed the project and voted to continue the application for further restudy; and WHEREAS, on November 16, 2022, HPC considered the application, the staff memo and public comment, and found the proposal consistent with the review standards and granted approval with conditions by a vote of X to X (X-X). NOW, THEREFORE, BE IT RESOLVED: That HPC hereby approves Conceptual Major Development, Relocation, Growth Management, Certificate of Affordable Housing Credits, Special Review to increase allowable Floor Area, Special Review to adjust subgrade living area, and Transportation and Parking Management, parking for 205 W. Main, but does not support waiver of cash-in-lieu for parking, as follows: Section 1: Conceptual Development and Relocation 1. The width of the front walkway and step leading to the Victorian shall be narrowed to approximately three (3) feet. Landscaping should be simplified, and the delineation of private outdoor space for adjacent dwelling units should be clarified. A revised site plan shall be included at Final Review to represent these changes. 2. The built-in BBQ represented in the shared courtyard cannot be located between a street and a structure. It will need to be repositioned, eliminated, or made movable to meet this requirement. 3. A fully developed stormwater management plan shall be provided before an application is accepted for Final Review. 4. The over-framed roof condition at the rear of the historic house, must be removed along with the non-historic additions. 5. The westernmost piece of the carport roof must be redesigned to eliminate any setback violation. 6. The footprint of the proposed lightwell at southwest corner of the Victorian shall be reduced or broken into two lightwells without negatively impacting those spaces. Lightwells around the historic resource shall be covered with grates, not railings. Lightwells and similar features abutting the historic structures shall have a curb height of six (6) inches or less to minimize visual and/or physical impacts to the historic resource. 7. To relocate the house on the site, the Applicant shall provide a financial security deposit of $30,000 at the time of permit issuance. The submission shall include details on how the relocation will occur. Upon making a determination that the home was successfully placed on the new foundation, staff shall return the deposit to the Applicant. HPC Resolution # XX, Series of 2022 Page 3 of 6 Section 2: Growth Management, Certificates of Affordable Housing Credits, and Special Review HPC hereby approves Growth Management, Certificates of Affordable Housing Credits, and Special Review subject to the following conditions: 1. A total of nine (9) affordable housing units shall be provided on site. The unit types and dimensions are set forth in the tables below: FRONT BUILDING (FACING MAIN STREET) (Net Livable sq. ft.) Units Beds Basement (sf) 1st Level (sf) 2nd Level (sf) 3rd Level (sf) Total (sf) 3 2 465 431 X X 896 4 2 492 423 X X 915 5 3 X X 1,089 X 1,089 “Option 1” 6 1 X X X 561 561 “Option 2” 6 1 X X X 641 641 REAR BUILDING (Net Livable sq. ft.) Units Beds Basement (sf) 1st Level (sf) 2nd Level (sf) 3rd Level (sf) Total (sf) 7 2 442 422 X X 864 8 3 X X 1,176 X 1,176 9 3 X X X 1,048 1,048 2. The Applicant shall designate the category of each unit and shall provide APCHA with the required documentation prior to Certificate of Occupancy. 3. The category at which credits are generated for each unit shall match the category at which each unit is rented. HISTORIC RESOURCE (Net Livable sq. ft.) Units Beds Basement (sf) 1st Level (sf) 2nd Level (sf) Total (sf) 1 3 482 415 276 1,173 2 2 428 394 X 822 HPC Resolution # XX, Series of 2022 Page 4 of 6 4. Prior to Certificate of Occupancy, a deed restriction must be recorded and must comply with the APCHA Regulations in effect at the time that said deed restriction is approved and recorded. 5. For the purposes of this project, minimal changes of a technical nature impacting unit size may be approved at building permit. 6. The larger storage areas shall be prioritized for use by the three-bedroom dwelling units and the smaller storage areas shall be used by the one and two-bedroom dwelling units. 7. Upon presentation of a performance bond, letter of credit, or other financial instrument acceptable to the City Attorney in guaranteeing the eventual completion of the project, the project developer may receive phased issuance of Affordable Housing Credits. The bond, letter of credit, or other financial instrument shall be presented and reviewed with the submission of the building permit and will be for an amount of one hundred (100) percent of the total project valuation. Pending approval from the City Attorney, Credits shall be issued per the following schedule: • Thirty (30) percent of approved Credits at completion of foundation inspection • Thirty (30) percent of approved Credits at completion of framing/roofing inspection • Forty (40) percent of approved Credits at presentation of Certificate of Occupancy and the APCHA deed restriction. If the project developer determines ultimately not to pursue the phased issuance, Credits shall be issued at the time of the completed project. Section 3: Transportation and Parking Management HPC hereby approves the Transportation and Parking Management as proposed subject to the following conditions: 1. A total of seven (7) off-street parking spaces will be provided and two (2) parking units shall be mitigated via cash-in-lieu. 2. The final Transportation Impact Analysis and accompanying Mobility Measures will be finalized at building permit. Mobility Measures shall not obstruct or occupy any of the off-street parking spaces provided on the property. Section 4: Additional Conditions as Provided by the Development Review Committee 1. APCHA a. All bedrooms shall contain a closet. b. All units shall contain kitchen appliances. c. All units shall include a washer and dryer. d. At all times, whether the applicant remains the owner of the units, or in the future the applicant decides to condominiumize and sell the units: 1. If the units are to remain as rental units, all units shall be owned by a qualified Pitkin County employer approved by APCHA prior to purchase. 2. If the units are to be ownership units transferred to qualified employees, prior approval must be provided by APCHA and/or the City of Aspen, the units must be sold through APCHA at the deed restricted price, and a new deed restriction shall be required for each owner to sign at the time of closing. 3. All deed restrictions shall prescribe minimum occupancy (at least one person per bedroom). All adult tenants or occupants shall work fulltime within Pitkin County as stipulated in the APCHA Regulations. 2. Parks a. The Applicant shall work with the Parks Department to create a planting plan. This plan shall be required at the time of submission for Final Review. b. Several healthy mature trees have a mitigation value of $38,000 (subject to change at the time of building permit). A Tree Removal Permit shall be required at the time of Building Permit. HPC Resolution # XX, Series of 2022 Page 5 of 6 c. The proposed development shall not impact the roots of the trees to remain on-site. The City Forester may require air-spading to expose roots. d. The Applicant shall remove crab apple trees and plant back species as directed by City Forester. e. Additional trees shall be planted as determined by the City Forester at the time of building permit. f. If sidewalk, curb, and gutter are to be replaced, a root barrier at edges of the curb and north side of walk may be required. g. Tree protection fencing shall be required for the trees located along S. First Street. 3. Engineering: a. The Applicant has worked with the COA Electric Department to confirm that there is available capacity in the transformer in the alley to the west. The details related to this shall be finalized before Final Review. b. The applicant has provided Engineering with their conceptual drainage plan and report. Continued progress and adjustments to the plan as needed to ensure compliance with the URMP will be required at Final Review. c. The site is not in a sidewalk deferred zone and a sidewalk shall be required on First Street. The sidewalk shall be 5 ft. wide with a 5 ft. landscape buffer. d. Existing head-in parking along 1st Street shall be removed and replaced with the COA standard street cross section with parallel parking. Section 5: Existing Deed Restriction A voluntary Deed-Restriction encumbers the basement of the historic resource (Reception No. 376974). Pending approval of Conceptual Review and before Final Review, the Applicant shall work with staff to memorialize an administrative approval to release the deed-restriction. Section 6: Material Representations 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 7: Existing Litigation 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 8: Severability 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 regular meeting on the 16th day of November 2022. HPC Resolution # XX, Series of 2022 Page 6 of 6 Approved as to Form: Approved as to Content: __________________________________ ___________________________________ Katharine Johnson, Assistant City Attorney Kara Thompson, Chair ATTEST: ___________________________________ Mike Sear, Deputy City Clerk