HomeMy WebLinkAboutResolution_205 W. Main_AH ProjectHPC Resolution # XX, Series of 2022
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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
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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
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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
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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.
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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.
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Approved as to Form: Approved as to Content:
__________________________________ ___________________________________
Katharine Johnson, Assistant City Attorney Kara Thompson, Chair
ATTEST:
___________________________________
Mike Sear, Deputy City Clerk