HomeMy WebLinkAboutResolution_205 W. Main_AH Project
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 205W.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 COLORADOPARCEL 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 205W. 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; andWHEREAS, for approval of Transportation and Parking Management, the application shall meet the requirements of Aspen Municipal Code Section 26.515, Transportation and Parking Management; andWHEREAS, 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 November16, 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, andTransportation 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
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.
Thebuilt-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.
Afully developed stormwater management plan shall be provided before an application is accepted for Final Review.
The over-framed roof condition at the rear of the historic house, must be removed along with the non-historic additions.
The westernmost piece of the carport roof must be redesigned to eliminate any setback violation.
The footprint of the proposed lightwell at southwest corner of the Victorian shallbe 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) inchesor less to minimize visual and/or physical impacts to the historic resource.
Torelocate the house on the site, the Applicant shall provide a financial security deposit of $30,000 at the time of submitting for building permit. 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.
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:
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:
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
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
The Applicant shall designate the category of each unit and shall provide APCHA with the required documentation prior to Certificate of Occupancy.
The category at which credits are generated for each unit shall match the category at which each unit is rented.
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.
For the purposes of this project, minimal changes of a technical nature impacting unit size may be approved at building permit.
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 two-bedroom dwelling units.
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, a project developer will receive phased issuance of Affordable Housing Credits 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
(3)
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.
(4)
Approval of phased issuance of Affordable Housing Credits must be included in the Notice of Approval or Planning and Zoning Commission Resolution. No phased issuance shall occur until the City Attorney has reviewed and approved the provided financial instrument.
(5)
If phased issuance is approved by Notice of Approval or Resolution and the project developer determines ultimately not to pursue the phased issuance, Credits will be issued per subsection (1) at the time of the completed project.
(b)
Upon successful completion of the requirements of subsection (1) or (2) above, the issued Certificate of Affordable Housing Credit shall include the following information:
(1)
A number of the Certificate in chronological order of their issuance.
(2)
Parcel identification number, legal address and the street address of the affordable housing.
The Category Designation and number of employees housed by the affordable housing units, according to Section 26.470.050(d), Employees Housed; in increments of no less than one-one-hundredths (0.01).
Section 3: Transportation and Parking Management
HPC hereby approves the Transportation and Parking Management as proposed subject to the following conditions:
A total of seven (7) off-street parking spaces will be provided and two (2) parking units shall be mitigated via cash-in-lieu.
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
APCHAAll bedrooms shall contain a closet.All units shall contain kitchen appliances.All units shall include a washer and dryer.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. If the units are to be condominiumized and sold separately, an approved deed restriction provided by APCHA shall be signed by each owner at the time of purchase and recorded. The deed restriction shallprescribe minimum occupancy (at least one person per bedroom). All adult tenants or occupantsshall work fulltime within Pitkin County as stipulated in the APCHA Regulations.Parks
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.
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.
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.
The Applicant shall remove crab apple trees and plant back species as directed by City Forester.
Additional trees shall be planted as determined by the City Forester at the time of building permit.
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.
Tree protection fencing shall be required for the trees located along S. First Street.
Engineering:
A conceptual utilities plan is required to show where a transformer to support the development will be placed. A single-phase transformer with a 5x5 vault may be needed. An easement to accommodate the transformer with 3’ clear zones surrounding the sides and back of the transformer and 10’ clear in the front shall be required. Alternatively, the Applicant may work with the COA Electric Department to determine available capacity in the transformer in the alley to the west. The details related to this shall be finalized before Final Review.
A conceptual drainage plan and report is required to determine appropriate site mass and scale and demonstrate the site can still accommodate stormwater requirements onsite. A full conceptual drainage plan and report as outlined in the URMP will be required at Final Review.
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.
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 RestrictionA 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 16thday of November2022.
Approved as to Form:Approved as to Content:
_____________________________________________________________________
Katharine Johnson, Assistant City AttorneyKara Thompson, ChairATTEST:
___________________________________
Mike Sear, Deputy City Clerk