HomeMy WebLinkAbout1020_E._Cooper_Ave_Memo_HPC_2.11.2021
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Memorandum
TO: Aspen Historic Preservation Commission
FROM: Kevin Rayes, Planner
Amy Simon, Planning Director
MEETING DATE: February 17, 2021
RE: 1020 E. Cooper Avenue – Conceptual Major Development, Relocation,
Demolition, Growth Management, Certificates of Affordable Housing
Credits, Transportation and Parking Management, PUBLIC HEARING
CONTINUED FROM FEBRUARY 10TH
APPLICANT /OWNER:
1020 Cooper LLC
James DeFrancia, Manager
REPRESENTATIVE:
BendonAdams
LOCATION:
Street Address:
1020 E. Cooper Avenue
Legal Description:
The East 13.79’ of Lot O
and all of Lot P, Block 34,
East Aspen Addition to the
City of Aspen, County of
Pitkin, State of Colorado
Parcel Identification
Number:
PID# 2737-182-32-006
CURRENT ZONING & USE
RMF (Residential Multi-
Family), Single-family home
PROPOSED ZONING & USE:
RMF, Multi-family dwelling
SUMMARY:
The applicant has requested Conceptual Major Development,
Relocation, Demolition, Growth Management, Certificate of
Affordable Housing Credits, Transportation and Parking
Management approvals for five multi-family units on a landmarked
property, to be condominiumized and deed restricted. Two of the
units will be located in the existing historic structure with a new
basement, and three are in a detached new structure located at
the rear of the property. HPC reviewed and continued the project
for restudy on January 13th. Staff finds the restudy to be
successful and responsive and recommends approval of the
project, subject to the conditions listed in the draft resolution.
Figure 1: 1020 E. Cooper Site Location
1020
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BACKGROUND:
1020 E. Cooper Avenue is a designated 4,379 square foot lot in the Residential Multi-Family
(RMF) zone district. The site contains a Victorian era home and two sheds of an unknown
construction date. This area of town was not included in the historic Sanborn maps that are
typically referenced by HPC in its decision-making, and no historic photos of this house have
been located. The only record of the building, other than what can be discovered on-site, is the
1896 Willit’s Map, which shows the footprint (Figure 2). Investigation of the framing of the house
has demonstrated that the form of the 19th century home remains intact.
The exterior of the house has been altered over time through replacement of materials and
windows (Figure 3).
REQUEST OF HISTORIC PRESERVATION COMMISSION (HPC)
The Applicant is seeking the following land use approvals.
• Conceptual Major Development (Section 26.415.070.D) to modify the site and the historic
resource, and to construct a new detached building along the alley.
• Relocation (Section 26.415.090) to relocate the historic home southwest of its current
position and to excavate a new basement and foundation below the structure.
• Demolition (Section 26.415.080.A) to remove two non-historic outbuildings from the
property.
• Growth Management (Section 26.470.050.B) & (Section 26.470.070.4) to develop five
affordable housing units on the property.
• Certificate of Affordable Housing Credits (Section 26.540) to generate Certificates of
Affordable Housing Credit.
• Transportation & Parking Management (26.5151.010) to meet the minimum parking and
Transportation Mitigation standards.
Figure 3: 1020 E. Cooper Avenue, 2019 Figure 2: Willit’s Map, 1896
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The Historic Preservation Commission (HPC) is the review authority on this application, however
Conceptual approval is subject to Call-up Notice to City Council. Final approval will be needed
before the project proceeds to building permit.
Per Land Use Code section 26.304.035 the applicant was required to provide enhanced public
notice and neighborhood outreach, as is typical for projects of community interest. A website
and information meetings have provided detailed information to those interested in the progress
of the HPC review.
STAFF COMMENTS: Exhibits A.1 through A.6 to this memo indicate the review criteria for each
requested approval, and recommended findings. Following is a summary.
Conceptual Major Development
Section 26.415.070.D.3.c.2 of the Municipal Code states that Conceptual review approval shall
be binding upon HPC in regards to the location and form of the envelope of the structure(s)
and/or addition(s) including its height, scale, massing and proportions, therefore design
guidelines related to those topics are the focus of this review step. The details of the
preservation plan, landscape plan and fencing, lighting, fenestration, and selection of new
materials will be addressed at Final.
Staff finds the proposal to preserve the historic resource as free-standing, with a detached and
adequately distanced new structure at the rear of the lot to be a successful preservation
outcome. There are only a few examples of miner’s cottages in Aspen that have been preserved
with no significant addition, as this one will be.
Regarding the site plan, no variations are needed, and the applicant plans a traditional
landscaped setting adjacent to the historic resource with grass and planting beds. A tree that
straddles the property line with the neighbor to the east is being preserved in coordination with
the requirements of the Parks Department. Parking and infrastructure are all designed to meet
City requirements and located at the rear of the site as required. A preliminary stormwater
mitigation plan is provided, indicating a drywell will be located within the parking area. This
strategy is appropriate and has no effect on the historic resource.
The historic resource is to be placed on a new basement. The basement includes the required
egress lightwells, which have been located discretely on the sides of the building. The visual
impacts of the lightwells, including curb heights and protective grates, needs to be minimized for
Final review.
The applicant plans to retain the existing form of the historic resource including a modestly sized
1960s era non-historic addition, with a proposed new dormer, as is allowable within the
preservation guidelines. As the project evolves towards final design, details of an appropriate
rehabilitation that reflects common characteristics of Aspen’s mining era homes, such as a front
porch, will be evaluated.
Regarding the new building proposed along the alley, a detached structure is preferred by the
HPC guidelines and is allowed greater design flexibility than an addition to a historic resource
because demolition to historic fabric does not occur and the scale and integrity of the resource
are more authentically preserved.
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The applicable guidelines for new construction as expressed in Chapter 11 are primarily written
to anticipate a new structure being proposed directly next to a historic resource, for instance in
a historic landmark lot split where the new and old structures would be side by side. The impact
of the height of the rear building on the historic resource will be reduced because of its placement
some distance behind it.
Since the last hearing, the applicant has redesigned the rear building to remove and adjust
massing. The effect is a break at the second floor level and elimination of square footage,
relocated to the dormer addition to the historic building. Staff finds these changes effective in
addressing the HPC’s concerns and supports the proposed new structure as the appropriate
gestures towards the historic resource have been made. The context of the property, and the
fact that it is a mid-block lot, allow for the addition to appear as a backdrop. It is unnecessary
for the new building to have a front porch, as suggested by guideline 11.2, because there would
be no visibility from the street. The architect has creating a relationship to the historic structure
by using roof forms and material references as required by guideline 11.6. The plate height on
the upper floor is low at building corners, with dormers used to balance massing and livability
considerations.
Relocation
The existing home, except for a non-historic porch at the rear, is to be moved approximately 11’
forward and 2’ eastward. It will be placed on a new basement and will be elevated slightly above
the current relationship to grade to allow for positive drainage to be created. One step will be
constructed leading to the porch deck. Staff finds that the relocation criteria are met as the re-
positioning of the building on the site does not diminish its integrity or disrupt its relationship with
nearby historic resources and it allows new construction on the site to be adequately distanced
from the miner’s cottage while complying with all setback requirements.
Demolition
Two sheds at the rear of the property and partially sitting in the alley are proposed to be
demolished. These structures were not built concurrent with the primary home based on the
1896 Willit’s map, and they are not seen in 1920s era photos of the rear of the site available
from the Aspen Historical Society. The earliest documentation of them in place that staff has
located is a 1974 aerial photo. The property was designated as a representation of the 19th
century development of Aspen; therefore staff finds the sheds to be non-contributing to the
history of the property and appropriate for removal.
Growth Management and Certificates of Affordable Housing Credit:
A total of five deed-restricted affordable housing units are proposed for the site- two in the
historic resource and three in the rear building. According to Land Use Code Section
26.470.030.D, no annual growth limit applies to affordable housing. This is in recognition of the
high priority placed on the development of affordable housing to meet community needs. The
property is in the Residential Multi-Family (RMF) zone district, which is intended for intensive
long-term residential purposes. The zone district anticipates dense multi-family development,
as seen in adjacent structures to the development site. Development of a multi-family affordable
housing project within the RMF zone district is allowed by right.
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The proposed affordable housing units
are consistent with the residential uses
in the eastern area of town and the
permitted uses of the zone district. As
depicted in Figure 4, many of the
surrounding properties contain
residential multi-family dwellings,
including the adjacent properties to the
east and west. This application was
referred to APCHA for review and
recommendation. Community
Development & APCHA staff are
highly supportive of this project and
acknowledge the community benefit
that five affordable housing units will
bring.
The applicant seeks to establish 12.75 Certificates of Affordable Housing credits, which is
commensurate to the full-time employee housing occupancy standards prescribed by APCHA.
Pursuant to Land Use Code Section 26.540.070, Review Criteria for establishing an affordable
housing credit, to determine the number of certificates of affordable housing credits awarded to
a project, the review standards outlined in Land Use Code Section 26.470.080.d.7.g, General
Review, Affordable Housing Mitigation, guide.
APCHA Standards
Unit Type Occupancy Standard
One bedroom 1.75 FTEs/Unit
Two-bedroom 2.25 FTEs/Unit
Three-bedroom 3.00 FTEs/Unit
PROPOSED CERTIFICATES
Two-bedroom 3 Units x 2.25 FTEs =6.75 FTEs
Three-bedroom 2 Units X 3.00 FTEs =6 FTEs
Total Proposed 12.75FTEs
Residential
Multi-Family
Figure 4: Residential Multi-Family Development
Surrounding 1020 E. Cooper
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1. Unit dimensions may be reduced by up to 20 percent below the minimum if additional amenities are
provided to improve livability.
2. No on-site parking mitigation is required in the R/MF zone district. Mitigation can be 100% cash -in-
lieu or a mix of onsite and cash-in-lieu.
Standards for minimum net livable area are also provided. The project complies as shown in the
charts below.
* The 2nd level consists of a storage loft accessed from the ground level
Net Livable Area Per AH Unit | Within Rear Structure
Units Beds Basement
(sf)
1st
Level
(sf)
2nd
Level
(sf)
3rd
Level
(sf)
Total
(sf)
Min.
FA
(sf)
Difference
(Expressed
as Percent)
3 2 436.5 449.7 X X 886.2 900 2% below
4 3 X X 1,011.8 X 1,011.8 1,200 16% below
5 2 X X X 786.7 786.7 900 13% below
One unit exceeds the minimum dimensional standards prescribed by APCHA, one unit meets
the minimum size requirements, and three units are slightly below the minimum size
requirements1. Four parking spaces are provided on site (including an ADA-compliant space),
which is well above the minimum
required2. The site will also contain
plenty of outdoor area, including
access to private patios and porches.
Each unit will contain a washer and
dryer as well as extra storage space.
Lastly, as required in the Land Use
Code, more than half the net livable
area of each unit will be above natural
grade. Despite the slight reduction in
size, staff considers these as high-
quality units that incorporate several
valuable amenities.
Net Livable Area Per AH Unit | Within Historic Resource
Units Beds Basement
(sf)
Ground
Level
(sf)
Second
Level
(sf)
Total
(sf)
Min.
(sf)
Difference (sf)
1 2 462.5 450.5 103.9* 1,016.8 900 116.8 above
2 3 482.9 533.7 182.9 1,199.4 1,200 0 above/below
Figure 5: Open Space between the Rear of the
Historic Resource and the Front of the Addition
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Figure 6: Open Front Porch & Deck- as viewed from the front of the property
Figure 7: Parking Area- As Viewed from the Back of the Rear Addition
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1. On-street parking in this area requires a permit. The Parking Department caps the number
of permits per residence, minimizing on-street parking congestion in the area.
Transportation and Parking Management:
Pursuant to Land Use Code Section 26.515.060.C, Transportation & Parking Management, one
parking unit is required per residential unit within a multi-family development, in this case five.
The City’s parking regulations are the result of professional parking studies, Council
consideration, and public input,
and they are applied objectively
to all development types.
The Residential Multi-Family
(RMF) zone district allows 100
percent of parking mitigation to
be met via cash-in-lieu or via a
combination of cash-in-lieu and
on-site parking. This is due to
the location of the zone district
in the community, proximal to
mass transit, walkable to all community services and amenities, and zoned to provide dense
housing development. The site is located less than one minute from a bus stop and 0.2 miles
from the commercial center of town.
In addition to the transit and multi-modal services accessible to the site, four on-site parking
spaces are proposed, including one ADA-accessible space. These spaces are on the alley and
located beneath a covered area of the rear addition. Remaining parking mitigation will be met
via cash-in-lieu.
Staff supports the parking mitigation as proposed, as it complies with the regulations in the Land
Use Code. Providing on-site parking is generally preferred to cash-in-lieu as it reduces adverse
parking impacts to the surrounding neighborhood. In this case, 80 percent of the required
parking mitigation will be met on-site, which contributes to the livability and quality of this project.
Furthermore, given the residential use of the surrounding neighborhood, on-street parking exists
throughout the area.1
In addition to the on-site parking, the
applicant has completed the Transportation
Impact Analysis (TIA) for this project and
plans to provide a range of Mobility Measures
that satisfy the requirements of the
Engineering and Parking Departments. At
this point, the applicant has indicated that
car-sharing and bike-sharing memberships
will be made available to tenants for a
minimum of one year. Bicycle parking will
also be provided on-site, and other
infrastructure improvements will be made to
encourage alternative transportation choices.
The TIA is subject to change and will be
finalized with City Departments to ensure compliance at building permit. Staff included a
condition in the Resolution prohibiting Mobility Measures from occupying any of the off-street
parking spaces on the property.
Commercial
Area
4 Min.
0.2 Miles
Figure 8: Walking Time from 1020 E. Cooper to Downtown
1 Min.
180 ft.
1020 East
Cooper
Ave.
Bus
Stop
Figure 9: Distance from 1020 E. Cooper to
Nearest Bus Stop
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1. The 2019 Greater Roaring Fork Regional Housing study was published and prepared for the Greater
Roaring Fork Regional Municipal and Organization Partnership.
The Aspen Area Community Plan
The 2012 Aspen Area Community Plan (AACP)
describes the vision for Aspen’s future based on
community values. The AACP acknowledges how
land use decisions related to affordable housing
impact quality of life, urban vitality, neighborhood
diversity and transportation choices. Developing
affordable housing via in-fill development has
remained an important City objective for several
decades. As stated in the 2000 AACP and
reiterated in the 2012 AACP:
“Our housing policy should bolster our economic
and social diversity, reinforce variety, and
enhance our sense of community by integrating
affordable housing into the fabric of our town. A
healthy social balance includes all income ranges
and types of people. Each project should
endeavor to further that mix and to avoid
segregation of economic and social classes…”
Within the area surrounding 1020 E. Cooper, there is a limited number of deed-restricted
affordable units. As depicted in Figure 10, only four deed-restricted units are located within the
immediate vicinity of the property and all are owner-occupied. The units at 1020 E. Cooper are
proposed as rentals and will play a pivotal role in providing much needed housing to traditionally
underserved individuals.
The challenges associated with providing sufficient housing in Aspen cannot be overstated.
According to the Greater Roaring Fork Housing Study1, in 2015, more than 60 percent of the
workforce in the Aspen, Snowmass area was made up of in-commuters (individuals travelling
up-valley for jobs). As of 2019, the Aspen Snowmass area experienced a 3,000 [residential] unit
shortfall, which is projected to increase to 3,400 units by 2027. The ongoing displacement of the
local workforce is only going to exacerbate negative transportation impacts to the Valley.
As stated in the 2012 AACP:
The 2000 AACP sought to limit average annual daily vehicle trips (AADT) to 1993 levels.
While we have consistently met that goal, the 2007 Entrance to Aspen Reevaluation
Report found that congestion has expanded farther up and down the Highway 82 corridor
during peak hours. In order to address this trend, the 2012 AACP reiterates the 2000
AACP goal of limiting AADT to 1993 levels, and then goes further by “striving to reduce
peak-hour vehicle-trips to at or below 1993 levels.”
Developing five affordable housing units within the Aspen infill area serves as a unique and
important opportunity to fulfill many of the objectives outlined in the AACP.
Figure 10: Other Deed-Restricted Units in
the Area Immediately Surrounding 1020 E.
Cooper
Existing deed-
restricted units
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RESIDENTIAL DESIGN STANDARDS
The Residential Design Standards found at Section 26.410 of the Municipal Code apply only to
the new structure proposed for this site. RDS review is an administrative process which does
not require public notice or evaluation by HPC. The standards applicable to multi-family
development are limited. The applicant has provided a compliance form which has been verified
through a staff level approval.
DRC REFERRAL COMMENTS:
The application was referred out to other City departments who have requirements that will
significantly affect the permit review. The applicant responded to initial feedback from these
departments by revising their application to what is being presented to HPC. Following is a
summary of topics that may require further study before HPC Final review or as part of the
building permit process. All are expected to be resolvable.
Engineering:
1. Fire flow calculations will be required if a 4-inch service line is needed. Calculations that
show a 2-inch service line fails will also need to be provided.
2. The conceptual drainage report calls out that the alley will be re-designed to accommodate
flows to the curb and gutter, this design will need to be included with capacity calculations.
3. The transformer to the east has an existing easement that, according to the conceptual
drainage report, is adequately sized for a future relocation. Show the dimensions of the
easement (on 1020 E. Cooper and the neighboring property) on the utility plan to confirm
the easement meets COA Electric standards for transformer easements. If the dimensions
do not comply with COA standards, the easement will need to be adjusted during building
permit review.
Building:
1. Fire sprinklers are required with five units on the site regardless of the fire area measurement.
2. There cannot be an emergency escape and egress window well in a walkway.
3. Amendments to the IBC require 3% of the parking to be electric vehicle charging stations
capable of supporting future EVCS. A 208/240 volt branch circuit or listed raceway to
accommodate future installation shall be installed. Service panel or sub panel circuit shall
provide capacity for a dedicated 40 amp circuit.
4. Demonstrate compliance with IBC 1107.7.1.1 at least one story containing dwelling units
shall be provided with an accessible entrance on an accessible route and shall comply as a
Type B unit.
5. Ensure the steel beam between the van accessible spot and the aisle won’t block access
from an accessible van’s passenger rear side door as that would normally be how the aisle
is utilized from the van.
6. Trash enclosure is required to be on an accessible route. Demonstrate required door
maneuvering clearances inside the enclosure.
7. Demonstrate compliant common path of egress travel distances from each unit, measured
from the most remote point within each unit to the exit discharge.
8. All new roofs or re-roofed areas are required to be a class A rated roof assembly.
9. Eaves and exterior walls within 5’ of the property line require 1 hour fire rated construction.
10. Snow guards are also required on the historic home, not just the new construction.
11. All guards are required to be 42-inches tall in an IBC building unless you are inside the
dwelling unit.
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12. Storage closed under the common stair to the upper units requires a compliant dwelling
separation for the closet ceiling.
13. Provide compliant approach to the washer dryer.
14. Closet doors need to provide 32” clear opening.
Parks:
1. Maintain 10-foot dripline protection for shared tree – Any activity or excavation in this area
will require City Forester approval.
2. Planting trees back on this property should be explored and supported.
Environmental Health
1. This space is subject to the requirements of a multi-family complex and is required to provide
120 square feet of space to the storage of trash and recycling. The current application
exceeds these standards by providing 124 SF.
2. Applicant indicates alley access will be facilitated by the ADA parking access to provide an
unobstructed path to the trash area.
3. Applicant has indicated this space will be equipped with bear-proof technology to prevent
wildlife access.
APCHA
1. 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.
2. Each bedroom must contain a closet.
3. Each unit shall contain a washer and dryer, along with all other appliances.
4. The units that do not meet the minimum size requirements are acceptable as they are within
the 20% reduction limitation and fit the criteria for said reduction acceptance.
5. Upon certificate of occupancy, affordable housing credits can be provided for up to a total of
12.75 FTE’s based on the generation rate established in the Regulations and calculated as
follows:
3 2-bedrooms X 2.25/bedroom = 6.75
2 3-bedrooms X 3.00/bedroom = 6.00
TOTAL 12.75 FTE’s
RESPONSE TO PUBLIC COMMENT:
Public comment received prior to packet deadline is attached as Exhibits D and E. Staff will be
prepared to respond to questions in more detail at the HPC hearing. To briefly address some
topics requiring clarification, a letter submitted on behalf of the HOAs for the condominiums on
the east and west sides of the subject lot suggests that the application is proposing unlawful
selling of the individual units prior to subdivision. At the conclusion of construction, prior to the
issuance of a Certificate of Occupancy, the standard practice is for the City to process a
condominium application separating ownership, and to work with the applicant and APCHA to
record deed restrictions that will ensure the proper occupancy of the units in perpetuity. The
sale of the legally condominiumized units does not violate the requirements of affordable
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housing deed restrictions for rental properties, so long as the occupant of the rental units meets
applicable APCHA requirements.
The same letter expresses concern that the project is not complying with ADA requirements and
that the ADA parking space on the property is exclusively for the use of a person with a disability.
The Building Department has, through a detailed preliminary evaluation, worked with the
architect to ensure ADA compliance. The ADA parking space will be associated with the
accessible unit, which may or may not be occupied by individuals requiring such accessibility.
The presence of the unit and appropriate design features to permit ADA occupancy is sufficient
to meet the law. The Building Department and Fire Department have also preliminarily
confirmed that the project meets required Fire Codes as proposed. The project must meet
required distances and precautions related to its own property lines, not related to the distance
of adjacent structures. The units will have fire sprinklers.
A question has been raised as to the options for development on this property given that it is
smaller than the standard minimum lot size of 6,000 square feet. Certain dimensional
requirements, as described in Code section 26.710.090(d), apply to the zone district (RMF),
including a minimum lot width of 60 ft. Here, the subject parcel is less than 60 ft. wide, and
therefore does not meet the applicable zone district’s minimum dimensions. Because there is
a historic structure on the lot, the lot itself is considered a historic lot of record, as provided for
in section 26.312.050(c):
“A lot of record containing a property listed on the Aspen Inventory of Historic Landmark
Sites and Structures need not meet the minimum lot area requirements of its zone district
to allow the uses that are permitted and conditional uses in the zone district subject to
the standards and procedures established in Chapter 26-415.”
This code section assumes that, because a lot of record does not meet the minimum lot area for
the underlying zone, it will by definition fail to meet one or more other dimensional requirements
(i.e. width or length). It explicitly permits development on such lots in recognition of their historic
condition. Whether it is due to shortages in lot length or width, failure to meet the dimensional
lot area requirements of the underlying zone district is not grounds to prohibit use of the site for
multi-family development as historic lot exemptions apply. The proposed use of a multi-family
residence is allowed in the zone district (RMF). See section 26.710.90(b).
One other important note is that, while it is true that section 26.312.030 states that
nonconforming structures may not be extended or enlarged, the section expressly provides that
Historic Structures are again cause for exception with regard to dimensional criteria. Historical
structures may be extended into the front yard, side yard and rear yard setbacks, and may also
be extended into the minimum distance between buildings on a lot and may be enlarged.
RECOMMENDATION:
Staff supports the project, and the achievement of community goals through the preservation of
a historic resource and development of affordable housing units, a by-right use within an
established multi-family neighborhood in the infill area, supported by adopted City regulations
and policies. Staff recommends the following motion:
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“HPC finds this application to comply with the requirements and limitations of the
Land Use Code related to Conceptual Major Development, Relocation, Demolition,
Growth Management, Certificates of Affordable Housing Credits, and
Transportation and Parking Management approval as well as the dimensional
requirements of the Residential Multi-Family (R/MF) zone district and hereby
approves the application subject to the conditions listed in Resolution X, Series of
2021.”
ATTACHMENTS:
Resolution #____, Series of 2021
Exhibit A.1 – Design Guidelines Criteria /Staff Findings
Exhibit A.2 – Relocation/Staff Findings
Exhibit A.3 – Demolition/Staff Findings
Exhibit A.4 – Growth Management/Staff Findings
Exhibit A.5 – Certificates of Affordable Housing Credit/Staff Findings
Exhibit A.6 – Transportation & Parking Management/Staff Findings
Exhibit B – Application
Exhibit C – HPC minutes January 13th, 2021
Exhibit D – Public comments provided for February 17th, 2021 HPC meeting
Exhibit E – Public comments provided for January 13th, 2021 HPC meeting