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Home My WebLink AboutLand Use Case.501 W Main St.A089-02-% Christiandi4nsubl PUD AmendmeÂ·rF~ - 501 W. Main St. - 2735-124-49-001 A089-02 - , 12.6-.0.-,0~ritz,41 Le-=7 \Al /v / U l=4 , . 14 7 r 2735 924- 47- 00 L .. CASE NUMBER A089-02 PARCEL ID # 2735-124-49001 CASE NAME Christiana Insubstantial PUD Amendment PROJECT ADDRESS 501 W. Main St. PLANNER James Lindt CASE TYPE Insubstantial PUD Amendment OWNER/APPLICANT Austin Lawrence Partners REPRESENTATIVE Shaw Construction DATE OF FINAL ACTION 10/23/02 CITY COUNCIL ACTION PZ ACTION ADMIN ACTION Approved BOA ACTION DATE CLOSED 10/24/02 BY J. Lindt .. PARCEL ID:~2735-124-49001 DATE RCVD: ~10/18/02 # COPIES:~ CASE NO~A089-02 CASE NAME:~Christiana Insubstantial PUD Amendment PLNR:~James Lindt PROJ ADDR:~501 W. Main St CASE TYP:~Insubstantial PUD Amendment STEPSi OWN/APP:IAustin Lawrence Par ADR~314 S. Galena St., ste C/S/Z: ~Aspen/CO/81611 PHN:~ REP:~Shaw Construction ADR:~760 Horizon Drive C/S/Z:jGrand Junction/CO/8 PHN:~Chuck at 948-35 FEES DUE:~$205 for 1 Hr FEES RCVD1Bill Them STAT: F REFERRALS~ REF:| ' BY~ DUE:| MTG DATE REV BODY PH NOTICED 1 n 1 1 E-- DATE OF FINAL ACTION:l ic -2* CITY COUNCIL: 1 REMARKSI PZ: BOA: CLOSED:lk'/01 1-BY: | 2 . j .4<~~ r!' . . DRAC: PLAT SUBMITD: 1 PLAT (BK,PG):~ ADMIN: Afio ~-0 L~ act -- Al 09{ /61/ 2 f -ite, P hit â‚¬ NockÂ© 4 9 ce>ULA.. 0 (Â£1 0-49 >- 0 1 If e le> V .... MEMORANDUM TO: Julie Ann Woods, Community Development Director FROM: Jam85 Lindt. Planner RE: 501 W. Main St, Christiania PUD-Insubstantial PUD Amendment DATE: October 18,2002 SUMMARY: Shaw Construction, representing 501 West Main Street LLC, is requesting an insubstantial amendment to the approved Christiania PUD to allow for the easternmost building to be constructed four (4) feet north of it's location as was shown on the site plan that City Council approved. The Community Development Director may approve, approve with conditions, or deny an insubstantial amendment request to an approved PUD pursuant to Land Use Code r- 4- N e Section 26.445.100, PUD Insubstantial Amendments. The applicant is requesting the proposed amendment because the footers for the 4 22Â® structure would encroach into the alley if it were constructed to the approved site 9 plan. Staff believes that the applicant may construct the structure four (4) feet to the north of it's approved location as is requested, without encroaching into the a: required five (5) foot front yard setback that was established through the PUD. The approved site plan locates the easternmost building approximately fifteen (15) feet from the property line that abuts Main Street. Therefore, moving the structure to the north by four (4) feet would locate the exterior wall of the structure eleven (11) feet from the property line. Thus, the proposal will still meet the required five (5) setback requirement that was established in Ordinance No. 1 27, Series of 2001. : Staff finds that the proposal meets the review standards for approving an insubstantial amendment to an approved PUD pursuant to Land Use Code Section 26.445.100. The Planning Staff has reviewed this proposal and recommends that the Community Development Director approve the PUD amendment to allow for the location of the easternmost structure in the Christiania PUD to be four (4) feet north of it-s location on the approved site plan and final PUD plans. APPLICANT: 501 West Main Street LLC, represented by Shaw Construction. LOCATION: Christiania PUD, 501 W. Main St. 1 28/200 09:54A S I Lf I A DAVIS 1ITKIN COUt TY 2 ) .... ZONING: Office/LP/PUD REVIEW PROCEDURE: Insubstantial amendments to an approved PUD may be approved by the Community Development Director, pursuant to Land Use Code Section 26.445.100, Amendment of PUD Development Order. STAFF COMMENTS: Review criteria and Staff Findings have been included as Exhibit "A". City Council Ordinance No. 27, Series of 2001 is attached as Exhibit "B". RECOMMENDATION: Staff recommends the Community Development Director approve this Insubstantial PUD Amendment to allow for the location of the easternmost structure in the Christiania PUD to be four (4) feet north of it's location on the approved site plan and final PUD plans. APPROVAL: I hereby approve this Insubstantial Amendment to the Christiania PUD to allow for the location of the easternmost structure in the Christiania PUD to be four (4) feet north of it's location on the approved site plan and final PUD plans. ~,â€žL 0,-00~214 tate 10( B~ 0-2.- jul~L Ann Woods, Community Development Director ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- City Council Ordinance No. 27, Series of 2001 /7,0,-I t r,h Â£ i.0 j 6' 007 140&v < 2 2002 2~7*Ji~Â·*43-t '46>4*b##4607 1.!111Ill 111'llili 1 ~ 474021 Page: 2 of 4 10/28/2002 09:54A SILLIA DAVIS PIT-IN CO *TY 23 R 21.00 0 0.00 2 ted .... Exhibit A Review Criteria & Staff Findings Insubstantial PUD Amendment. The Community Development Director may approve an amendment to an approved PUD if the proposal meets the following review standards. 1. A change in the use or character of the development. Staff Finding: Staff does not believe that the proposal will change the use or the character of the structure. The structure will remain in conformance with the five (5) foot front yard setback requirement that was established in the Christiania PUD. Staff finds this criterion to be met. 2. An increase by greater than three percent in the overall coverage of structures on the land. Staff Finding: The proposed PUD Amendment will not change the land coverage of structures within the PUD. Staff finds that this criterion does not apply. 3. Any amendment that substantialIy increases trip generation rates of the proposed development, or the demand for public facilities. Staff Finding: The proposal is not adding to the approved density or floor area, therefore, Staff does not feel that there will be an increase in trip generation or an additional demand on public facilities. Staff finds this criterion to be met. 4. A reductionby greater than three (3) percent ofthe approved open space. Staff Finding: The amount of open space will not be affected by the proposed amendment. Staff finds that this criterion does not apply. 5. A reduction by greater than one (1) percent of the off-street parking and loading space. Staff Finding: The applicant is not requesting an amendment to the existing or required number ofparking spaces. Staff finds that this criterion does not apply. lillill lilli IliIll ill lilill il lililll Ill lilli lillili 10/28/2002 09:54A 474021 Page: 3 of 4 SILVIA DAVIS PI-KIN COUNTY CO R 21.00 D 0.00 .... 6. A reductionin required pavementwidths or rights-of-wayfor streets and easements. Staff Finding: The applicant is not proposing changes to right-of-way widths. Staff finds that this criterion does not apply. 7. An increase of greater than two (2) percent in the approved gross leasable floor area of commercial buildings, Staff Finding: The applicant is not proposing changes to the gross leasable floor area of commercial buildings. Staff finds that this criterion does not apply. 8. An increase by gr e at er than one (1) percent in the approved residential density of the development. Staff Finding: The applicant is not proposing a change in the residential density. Staff finds that this criterion does not apply. 9, Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a further variation from the project's approved use or dimensional requirements. Staff Finding: Staff does not believe that allowing for the easternmost building in the PUD to be constructed four (4) feet north of it's location on the approved site plan and final PUD plans is inconsistent with a condition of the project' s approval. The front yard setback requirement that was established in the PUD is five (5) feet. The proposal will allow for the structure to be setback approximately eleven (11) feet. Thus, the proposal is still in conformance with the required dimensional requirements. Staff finds this criterion to be met. 111 1 Â£1 lilli Ill 111 Ill 11111 111 474021 Page: 4 of 4 10/28/2002 09:54A S-LV-A DAVIS PI-K.N COUNTY CO R 21.00 D 0.00 . . 2/ki h~1 *Al, ORDINANCE NO. 27, (SERIES OF 2001) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE MINOR PLANNED UNIT DEVELOPMENT FOR THE CHRISTIANIA LODGE, A PROPERTY LOCATED AT 501 WEST MAIN STREET, LOTS A-I, BLOCK 31, CITY AND TOWNSITE OF ASPEN, COLORADO Parcel ID: 2735-124-49-001 WHEREAS, the applicant, 501 West Main, LLC/ Austin Lawrence Partners, LLC, represented by Mitch Haas, requests approval for a Minor Planned Unit Development for the Christiania Lodge located at 501 West Main Street, Lots A - I, Block 31, City and Townsite of Aspen; and WHEREAS, the property is currently listed on the City o f Aspen' s Inventory o f Historical Sites and Structures; and WHEREAS, the Community Development Department determined the Minor Planned Unit Development for the Christiania Lodge, a property located at 501 West Main Street, Lots A-I, Block 31, City and Townsite of Aspen met the applicable review standards, and recommended approval with conditions; and WHEREAS, at a public hearing, which was legally noticed and held at a regular meeting of the Historic Preservation Commission on March 28th, 2001, at which time the HPC considered and found the application to meet the review standards, and approved 1) 21. 1 .Ly an On-site Relocation of two pan-abodes and the Callahan Cabin; 2) the Demolition of the existing main lodge building on the corner of Fourth and Main Streets, the existing fourplex and duplex located at the back of the site on the alley, and a one-story dark brown structure located on the corner of 5th and Main Streets; and 3) the Construction of a new triplex, duplex, two fourplexes and a main lodge structure for the Christiania - Lodge with conditions by a vote of five to zero (5 to 0); and WHEREAS, at a public hearing, which was legally noticed and held at a regular meeting of the Planning and Zoning Commission on June 26, 2001, at which time the Commission considered and found the application to meet the review standards, and approved a Conditional Use for the provision of three affordable housing units and Growth Management Quota System (GMQS) Exemptions for Lodge Preservation and affordable housing and recommended approval to City Council for the Minor Planned Unit Development with conditions by a vote o f four to zero (4 to 0); and WHEREAS, the City of Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and WHEREAS, the City of Aspen City Council finds that the development proposal ' meets or exceeds all applicable development standards and that the approval of the 11 Ill li l I il lililli Ill Ililliii li 460248 Page: 1 of 5 10/31/2001 09:21A S.LV A DAVIS Pi-K-N COUNTY Co R 25.00 D 0.00 .. development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, at a public hearing, which was legally noticed and held at a regular meeting of the City of Aspen City Council on August 27th, 2001, at which time the City Council considered and found the application to meet the review standards, and approved a Minor Planned Unit Development with conditions by a vote of five to zero (5 to 0); and WHEREAS, the City of Aspen City Council finds that this Resolution furthers and is necessary for the promotion ofpublic health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE ASPEN CITY COUNCIL AS FOLLOWS: Section 1 Pursuant to the procedures and standards set forth in Title 26 0 f the Aspen Municipal Code, the request for a Minor Planned Unit Development for the Christiania Lodge is hereby approved with the following conditions: 1) The Applicant shall provide priority to the occupants of the three affordable housing units for a total o f three designated parking spaces o f the 10 spaces to be located o ff the alley. In the event those occupants of the deed restricted affordable housing units do not use those spaces, they shall remain available to general use of the Christiania Lodge guests; 2) That, the Applicant shall pay the appropriate Street Impact Fees to the City of Aspen for excessive wear to the streets caused by construction traffic, to be determined by the Engineering Department; 3) That the Applicant shall be required to provide a pedestrian access way from Main Street southward to the alley along 4th Street in front o f current head iii parking; 4) That the Applicant shall notify the state prior to remodel, expansion or demolition of any buildings, including removal of drywall, carpet, tile, etc., and a licensed asbestos inspector must conduct an inspection. If there is no asbestos, the demolition can proceed. If asbestos is present, a state licensed asbestos removal contractor must remove it. The Applicant shall report these findings to the Environmental Health Department and Building Department prior to the issuance of demolition and building pemiits; 5) That the Applicant shall submit a more detailed tree plan that will include tree diameters and species. In addition, the Applicant shall clarify the surface of the "paths" within drip lines and provide an excavation plan to the City Parks Department for their review and approval prior to the application for building permit; 6) The Applicant shall install tree saving construction fences around the drip line of the trees; 10/31/2001 09:21A 460248 Page 2 of 5 S.LVIA DALIS PITKIN COUNTY CO R 25.00 D 0.00 .. 7) The Applicant shall not plant low shrubs or evergreen trees in the 5th Street right-of- way. The Applicant shall consult with the Parks Department as to a more traditional streetscape plan. In addition, the Applicant shall install a root barrier system in order to keep roots away from the sidewalk to prevent up lifting as required by the Parks and Engineering Department; 8) The Applicant shall comply with the varied dimensional requirements of the Office Zone District as approved by the Minor Planned Unit Development presented below. These dimensional requirements shall also be printed on the final building permit plan set. Dimensional Requirement Approved PUD Minimum Lot Size (square 27,000 feet) Minimum Lot Area per N/A Dwelling Unit 1 lodge / res. bedroom per 770 sq. ft. of Maximum Allowable Density lot area Minimum Lot Width 60 feet Minimum Front Yard Setback Â· ...,4.-42.'.Â· 5 feet 5.---- ..1 ... 1 f.... ..... ~.:.."r... 2 feet on the East ~...::....Â· Â·Â· .Â·..: Minimum Side Yard Setback 5 feet on the West * Â«-' ' Minimum Rear Yard Setback 0 feet Maximum Site Coverage Not Regulated 30 feet to 1/3 point ofroofpitch with 34 Maximum Height feet to ridge Minimum Distance b/w 5 feet (between the Pan Abodes) 7 feet Buildings Â£ " between all other buildings -- Â»+0 Minimum Percent of Open Not Regulated Space Allowable Floor Area (FAR) 0.85:1 (21,800 sq. ft.) 0.28 spaces per bedroom (10 on-site : 4 ,..3 Minimum Off Street Parking : spaces) Trash Access Area 11' x 8' (88 square feet) 9) The Applicant shall convey an undivided fractional interest (one tenth of 0.01%) in the ownership of the deed restricted affordable housing to the Aspen/Pitkin County Housing Authority for the purposes of complying with the recent Colorado Supreme Court Decision regarding rent control legislation. The Applicant may submit an alternative option to satisfy the rent control issue acceptable to the City Attorney. 10) The Applicant shall indemnify and hold harmless the Aspen/Pitkin County Housing Authority and City o f Aspen from any claims, liability, fees or similar charges related to ownership in the deed restricted affordable housing units. 1111111 lilli 111111 lili 11111111111~ lilli 111 lilli 11~1 lili 10/31/2001 09:21 460248 Page: 3 of 5 SILVIA DAVIS PITKIN COUNTY CO R 25.00 D 0.00 .. 11) The Applicant shall design and install an internal sewer service system with a manhole connection to the District's main in the alley as required by the Aspen Consolidated Sanitation District; 12) The Applicant shall fully coniply with Section 26.445.070 Recording a Final PUD Development Plan o f the Land Use Code regarding the following: > Unless otherwise specified in the City Council Ordinance granting final approval of a PUD, all necessary documents, as applicable, shall be recorded within one-hundred-and-eighty (180) days of the adoption date of the final Ordinance. > The final development plan, which shall consist, as applicable, of final plats, drawings, and agreements as described below shall be recorded in the office of the Pitkin County Clerk and Recorder, and shall be binding upon the property owners subject to the development order, their successors and assigns, and shall constitute the development regulations for the property. > Unless otherwise specified in the final Ordinance, the final PUD development plans for recording shall include the following: Final Plat. Illustrative Site Plan. Architectural Character Plan. Landscape Plan. > The Applicant shall file a "Notice of PUD Designation" (See Section 26.445.080) with the Clerk and Recorder's office of Pitkin County, Colorado. Section 2: 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 City of 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 an authorized entity. Section 3: This Ordinance shall not effect 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 4: 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 11 11' Ill 1 lilli lilill 10/31/2001 09:21A 460248 Page: 4 of 5 BILLIA [AVIS PIT'-Ii. CCJ\TY C) R 25.00 D 0.00 0000 .. shall be deemed a separate, distinct and independent provision and shall not affect the validity ofthe remaining portions thereof. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council,of the City of Aspen on this 23rd day of July, 2001. af A 3, jklifiesti r...<45' 1. #.IÂ· 4 I. ./. Â¥athryn~ KÂ®A, City Clerk Helen Ka~in Alan,Wfu , Mayor ~(0 Ak v FINALLY, adopted, passed and approved this 27th Day of August, 2001. 129,4/7 7.0 1; , ~ 'Attest: 0 F -4 f 'r / . I: I. lit -19 0 i ...A/%,en *--- llÂ« lv~0*,Ut..WE- *:*117*nis, 04, Chy Clerk Helen Kalin Klanc~erud, Mayor Â·i., co / .6 A AD C ..2 '%<Approved as to form: L lill ntati> John WArcestor, City Attorney l ili 11 lil i l lili 11111111 lilli ll Page: 5 of 5 460248 10/31/2001 09:21A SILFIA DAVIS PITKIN COUNTY C) R 25.00 D 0.00