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HomeMy WebLinkAboutFile Documents.620 Gillespie St.0033-2020-BCOM (27)HPC Resolution #4, Series of 2020 Page 1 of 7 RESOLUTION #4, SERIES OF 2020 A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION GRANTING CONCEPTUAL MAJOR DEVELOPMENT AND COMMERCIAL DESIGN REVIEW APPROVAL, AND RECOMMENDING HISTORIC DESIGNATION AND BENEFITS, GROWTH MANAGEMENT, PLANNED DEVELOPMENT, SPECIAL REVIEW, TRANSPORTATION IMPACT AND TRASH STORAGE APPROVAL BY CITY COUNCIL FOR THE PROPERTY LOCATED AT 620 GILLESPIE AVENUE AND 845 MEADOWS ROAD, ASPEN INSTITUTE PARCEL ID: 620 Gillespie Avenue, Parcel ID: 2735-121-29-809 and 845 Meadows Road, Parcel ID: 2735-121-29-008 WHEREAS, the Community Development Department received an application for historic designation and renovation of the Boettcher Building and construction of a new Center for Herbert Bayer Studies and a storage shed from The Aspen Institute, represented by Curtis and Associates, Jeffrey Berkus Architects and Rowland + Broughton Architects, which requires the following land use review approvals: • Historic Designation and Benefits (Section 26.415.030.C) for voluntary historic designation of the Boettcher Building, as an example of AspenModern. • Conceptual Commercial Design (Section 26.412.040) for remodel of the Boettcher Building, construction of the Center for Herbert Bayer Studies, and construction of a new storage building. • Conceptual Historic Preservation Major Development (Section 26.415.070.D) for remodel of the Boettcher Building, construction of the Center for Herbert Bayer Studies, and construction of a new storage building. • Growth Management Employee Generation Review for an Essential Public Facility (Section 26.470.050.C) to establish employee generation to be used as the basis for affordable housing mitigation. • Planned Development, Project Review (Section 26.445.040.B) for allowed land uses, layout, mass and scale, and dimensions of the project. • Transportation and Parking Management, Special Review (Section 26.515.080) to establish, vary or waive transportation, mobility, or off-street parking requirements to serve the project. • Trash and Recycling Storage (Section 12.10) to incorporate the determination of the Environmental Health Department into the land use review; and WHEREAS, all code citation references are to the City of Aspen Land Use Code in effect on the day of application completeness– December 10, 2019, as applicable to this Project; and, WHEREAS, the Community Development Department received referral comments from City Engineering, Building Department, Environmental Health, Parks, Aspen/Pitkin County Housing Authority, and Zoning as a result of a Development Review Committee meeting; and, HPC Resolution #4, Series of 2020 Page 2 of 7 WHEREAS, said referral agencies and the Aspen Community Development Department reviewed the proposed Application and recommended conditions; and, WHEREAS, pursuant to Chapter 26.304.060 of the Land Use Code, the Community Development Director may combine reviews where more than one (1) development approval is being sought simultaneously; and, WHEREAS, all required public noticing was provided as evidenced by an affidavit of public noticing submitted to the record, a summary of public outreach was provided by the applicant to meet the requirements of Land Use Code Section 26.304.035, and the public was provided a thorough and full review of the proposed development; and, WHEREAS, the Historic Preservation Commission reviewed the Application at duly noticed public hearing on January 22, 2020, during which the recommendations of the Community Development Director and comments from the public were heard by the Historic Preservation Commission, and approved the application by a vote of 6 to 0. NOW, THEREFORE BE IT RESOLVED BY THE HISTORIC PRESERVATION COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Historic Preservation Commission hereby grants Conceptual Major Development and Commercial Design Review approval, and recommends City Council grant Historic Designation and Benefits, Growth Management, Planned Development, Special Review, Transportation Impact and Trash Storage approval subject to the following conditions. 1. The designation of the Boettcher building shall include the Center for Bayer Studies and the surrounding landscape. Only Boettcher itself will be considered a historic resource, but HPC will have purview over the future and current development of this area of the campus in perpetuity. A map of the designation must be included in the final Council ordinance. Language that exempts temporary tents, artwork and similar elements from HPC review can be developed for the Council ordinance at Second Reading. 2. Based on extensive comment at the January 22nd HPC meeting, the board recommends significant restudy of the site plan and landscape design for Final Review. 3. Regarding the applicant’s request to complete all entitlements and to record all Approval Documents within 90 days, staff will work with the applicant to review drafts and record the documents in a timely manner. No applicant may apply for building permits until 30 days after a final approval is granted, due to the statutory appeal period. Preliminary review and consultation with permit reviewers will be provided to the extent possible. 4. Concerning the request to receive a building permit within 90 days of submission, the applicant and Building Department are developing mutually agreeable language on this point, which will be included in the Council ordinance at Second Reading. 5. The Parks Department has agreed to the removal of a large spruce tree that is HPC Resolution #4, Series of 2020 Page 3 of 7 encroaching on the Boettcher Building, and the on-site relocation of a tree within the footprint of the proposed Center for Bayer Studies. The location for the moved tree must be approved by HPC at Final review. 6. The applicant proposes to complete all pre-construction site work in Spring 2020 and requests permits be issued to facilitate this. A condition acceptable to permitting agencies will be included in the Council ordinance at Second Reading. 7. The applicant requests exemption from Parks Development and Transportation Impact fees for the full project. Council must specifically take action to provide an exemption for a non-designated structure (the Bayer Center), and may do so when it wishes to exempt an essential public facility as a means of subsidizing construction or providing an economic development incentive. Staff defers to Council and will include the direction in the Council ordinance at Second Reading. 8. In order to ensure that the applicant’s proposal for managing parking, trash, traffic, etc. as well as to ensure that appropriate affordable housing mitigation is provided, staff is working with the applicant on mutually agreeable language such that no private events shall be held on this area of the Institute campus. For the same reasons, no food preparation or kitchen facilities are proposed to be allowed in the Bayer Center. The wording of this condition of approval will be finalized in the Council ordinance at Second Reading. 9. The storage shed along Meadows Road may be used for storage and charging electric vehicles only. Heat and plumbing will not be provided to the building without further approvals. 10. The applicant’s representation that the project generates 1.5 FTEs is approved. Those FTEs shall be mitigated at a rate of 65% through the payment of a cash-in-lieu fee at the Category 4 level, calculated at the time of building permit. To ensure the FTE representation is accurate, a formal employee audit (the scope of which will be finalized in the Council ordinance at Second Reading) will be conducted prior to building permit approval and provided to APCHA to review and approve with a required follow-up employee audit to be conducted 2 years after Certificate of Occupancy and 5 years after Certificate of Occupancy. Any additional FTE’s over the 1.5 that are directly related to the Boettcher Building or Center for Bayer Studies will need to be mitigated via credits through on-site mitigation, off-site mitigation or the Affordable Housing Credit Program if over 0.10, or by the current cash-in-lieu established at the time of that specific employee audit if under 0.10. APCHA does not recommend anything greater than 0.10 FTE’s to be mitigated by cash-in-lieu. Cash-in-lieu for FTEs over 0.10 requires the approval of City Council. Section 2: Subsequent Reviews Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Applicant is required to obtain Planned Development – Detail Review and Final Major Development Review in order to proceed to building permit. The applicant shall combine these applications, and they shall be made no later than one (1) year following City Council approval of the reviews outlined herein. Failure to file such an application within this time HPC Resolution #4, Series of 2020 Page 4 of 7 period shall render the Planned Development – Project Review, Conceptual Major Development approval and Growth Management approval null and void. This deadline may be extended by the Community Development Director, pursuant to Section 26.445.090.C of the Land Use Code. In addition to the general documents required as part of a Planned Development – Detail Review, the following items shall be required as part of the Application’s Planned Development – Detail Review: a. An Outdoor Lighting Plan, pursuant to section 26.575.150. b. An existing and proposed Landscaping Plan, identifying trees with diameters and values. c. A finalized Transportation Impact Analysis, approved by the City of Aspen Engineering Department. Section 3: Engineering Department The applicant must address the following to the satisfaction of the Engineering Department. Public Improvements (all required at building permit): 1. All adjacent sidewalks and curb & gutter must be replaced as part of the project. The sidewalk along Gillespie St involves tree conflicts and must be vetted with the Parks and Engineering Departments. 2. The ADA ramps at the corner must be replaced and compliant. The TIA refers to ADA/pedestrian crossing improvements. Please ensure ramps and crossing are to be installed. 3. Curb and gutter will be required between the parallel parking along Gillespie and the parking lot entrance. Please adjust the plans. 4. Conveyance across parking lot entrance must be accounted for. Please adjust plans. Drainage Improvements (all required at building permit): 1. Rain garden is located on opposite side of property than the Center for Bayer Studies. How will drainage be conveyed through the property? Please provide further conveyance information. 2. Porous asphalt will not be allowed for the parking lot at shed. The Urban Drainage and Flood Control District has done test studies on this pavement and due to the results does not allow this in any district. Please provide a pervious pavement type that is designated within the URMP. 3. Existing drywell must be cleaned, and the rim brought to finished grade as part of building permit. Please note that in permit plan set. 4. New asphalt must be treated and/or detained. Please develop plan for treatment of asphalt area. HPC Resolution #4, Series of 2020 Page 5 of 7 Transportation Impact Analysis (required at HPC): 1. The MMLOS Input Page claims items under the category of Sidewalk Condition on Adjacent Blocks. The proposed site plans only depict attached sidewalks on the project frontage. Please adjust MMLOS to only address sidewalk conditions on the project frontage. Utilities (required at building permit): 1. Extensive work is being proposed on the Si Johnson ditch. Please coordinate with ditch company and City to ensure work meets all existing agreements and ditch company requirements. 2. Water service line cannot be aligned within the sanitary easement. Only crossings will be allowed in easement. Please adjust alignments. 3. Fire suppression calculations must be submitted and demonstrate that 2” fails. Please submit fire flow calculations and see section 5.4 of the Water Distribution Standards. 4. Shared service lines are not recommended, but if allowed, Section 5.5 of the Water Distribution applies, and a common service line agreement must be entered. Further review of water service will occur prior to and at building permit. An easement will be required for the fiber and electrical primary on neighboring properties. Section 4: Parks Department The applicant must address the following to the satisfaction of the Parks Department. 1. A tree removal permit will be required for both the removal of trees and excavation within the driplines of trees. Detailed tree preservation plan and tree mitigation plan with tree ID numbers will be required along with shoring plans (see comment 6, below). 2. The two large Cottonwoods on either side of the new entrance at the SE corner of the property will not be approved for removal based on current information provided. These trees are identified as tree # 6898 which is a 35” DBH Cottonwood in the city right-of-way, and the large multi-stem Cottonwood between the front lawn and the parking lot. 3. Application of fertilizers, growth regulator/inhibitors, and or root pruning may be required prior to start of excavation within the driplines of trees. 4. Tree Protection Zones (TPZ) will be required at the drip line of all trees that will be preserved. No storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic is allowed within this TPZ. This TPZ must be inspected and approved by the City Forester or his designee prior to any construction activity commences. 5. Proposed sidewalks and curb and gutter will need to be of a “floating design” where driplines of trees are encroached upon and may need to be adjusted to achieve appropriate offset to the trees. 6. One-sided micro piling walls will be required along the south and west sides of the new Bayer building where tree driplines will be impacted. HPC Resolution #4, Series of 2020 Page 6 of 7 7. More information is required to determine impacts from utility cuts coming in from the north side along the trail. 8. More details with regards to the proposed patio on the west side of the new building as they relate to tree roots. Sand set pavers on existing grade may be required for this patio. 9. Applicant to provide detailed information regarding the boxing and transplanting of the spruce tree to the courtyards sculpture garden. 10. All trenching and excavation for irrigation system installation within the driplines of trees will need City Forester approval. Plans will need to be submitted showing details. 11. The service yard shed posts that fall within the driplines of trees may need to shift left or right depending on the necessity to not sever structural roots. Section 5: Environmental Health Department The applicant must address the Trash Storage and Recycling requirements to the satisfaction of the Environmental Health Department. In addition, the applicant must work with Environmental Health to propose options for an updated fugitive dust plan for the bus lane prior to building permit submittal, if directed by Council at Second Reading of the ordinance. Section 6: Zoning The applicant must address the following to the satisfaction of Zoning. 1. Any fences need to meet the land use code or need a specific variances. Any variance to height must be approved by Council. 2. All mechanical and venting equipment should meet the exceptions in 26.575.020.F.5, Allowed Exceptions to Height, or receive variances. Section 7: 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 8: 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.