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HomeMy WebLinkAboutresolution.agmc.001-03ASPEN/PITKIN COUNTY GROWTH MANAGEMENT COMMISSION RESOLUTION NO. 1 (SERIES OF 2003~ A RESOLUTION OF THE CITY OF ASPEN/PITKIN COUNTY GROWTH MANAGEMENT COMMISSION RECOMMENDING CITY COUNCIL APPROVE COMMERCIAL GROWTH MANAGEMENT ALLOTMENTS FOR A COMMERCIAL PARKING FACILITY AND OFFICE BUILDING LOCATED ON LOTS A. B. C, AND D, BLOCK 105. CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY. COLORADO. WHEREAS. the Community Developmem Department received an application t the Project) from Hyman Avenue Holdings, LLC, John Cooper Managing Partner, owner and applicant, represented by Stan Clauson Associates, LLC. for a Growth Management allocation of 4.000 square feet of net leasable space for a proposed commemial parking facility housing ninety-nine cars, two affordable housing units, and an accessory parking attendant office, and an existing office building; and. WHEREAS. the parcel of land is described as Lot A, B, C. and D. Block 105. City and Towntsite of Aspen, Pitkin County, Colorado, also described as the Hannah- Dustin Condominiums according to the plat thereof recorded in Plat Book 17 at Page 78 Pitkin County Clerk and Recorder. and is currently developed with an "A-Frame" structure, 707 East Hyman Avenue, generally located on Lots C and D. and the "Hannah- Dustin" building, 300 So. Sprin~ Street. generally located on Lots A and B. Both are currently office buildings. Minimal changes are proposed for the Hannah Dustin Building and site. The commercial parking facility ~s proposed to replace the A-Frame; and. WHEREAS, pursuant to Sections 26.304 and 26.470 of the City of Aspen Land Use Code, land use applications requesting allotments from the Growth Management Quota System are reviewed and scored by the Aspen/Pitkin County Growth Management Commission at a duly noticed public hearing after considering recommendations by the Community Development Director, and members of the general public. The scoring is then forwarded to the Pitkin County Board of County Commissioners and the Aspen City Council and development allotments may then be allocated by Ordinance by the Aspen City Council at a duly noticed public hearing after considering recommendations by the Community Development Director, and members of the general public; and, WHEREAS, the Fire Marshal, Aspen Consolidated Sanitation District, the City Water Department, City Engineering, the City Parking Department, the City Transportation Department, the City Zoning Officer, City Parks Department, the Aspen Building Department, the Environmental Health Department, and the Community Development Department revie~ved the proposal and recommended approval with conditions; and, GMC Resolution No. 1, Series of 2003. Page 1 WHEREAS, during a duly noticed public hearing on November 11, 2003, the AsperffPitkin County Gro~vth Management Commission considered the noted recommendations and testimony offered by the general public, considered the project for initial and final scoring (score summary attached), found the proposal meeting or exceeding the necessary scoring, and reconzrnended, by a nine to one (9-1) vote, City Council allocation of 4,000 square feet of commercial development allotment for the Park Place Commercial Parking Facility proposal, subject to the conditions of approval listed herein. NOW, THEREFORE BE IT RESOLVED by the Aspen/Pitkin County Groxvth Management Commission that the City Council should allocate 4,000 square feet of commercial development allotment for the Park Place Commercial Parking Facility proposal, subject to the following conditions of approval: Section 1: Parking Spaces and Parking Garage Parking spaces within the parking garage shall be used for Parking vehicles and not used for storage or other similar non-automobile related purposes without amending the Growth Management approvals. Three (3) total parking spaces shall be allocated to the two on-site affordable housing units. (One space for the one-bedroom unit and two spaces for the three-bedroom unit.) If the residential units are transferred separate from the remaining property interests, the parking space allocated to the residential unit shall be conveyed in fee as part of the ownership interest in the residential unit. A minimum of nineteen (19) spaces shall remain available to the general public for public parking. General public shall be persons with no ownership interest in the Project. These spaces may be individually transferred as long as they remain available to the general public. The remaining parking spaces may be sold, transferred, or leased by the owners thereof on a daily or long-term basis. These parking spaces may be used to satisfy parking needs of future commercial expansions on- or off-site and may be sold or leased to third parties for use as remote residential parking. The parking garage and parking spaces shall be considered an approved commercial parking facility and an approved remote parking facility as such terms are used in the City's Land Use Code. Parking spaces may be physically reconfigured, with approval from the Community Development Director, to accommodate additional or fexver parking spaces such that a total change of no greater than five (5) parking spaces from that depicted in the Growth Management application occurs. Conversion of parking spaces to non-parking uses shall require a Growth Management review. GMC Resolution No. 1, Series of 2003. Page 2 Section 2: Affordable Housing Units & Employee Audit The Project shall include one (1) one-bedroom Category One affordable housing unit and one (1) three-bedroom Category 3 affordable housing unit as described in the Growth Management application. The one-bedroom unit shall have one (1) associated parking space within the parking garage. The three-bedroom unit shall have two (2) associated parking spaces within the parking garage. The two affordable units shall be exempted from the Growth Management Quota System and counted towards the growth ceiling for affordable housing. The affordable housing units shall be either transferred as "for-sale units" to qualified purchasers according to the Aspen/Pitkin County Housing Authority (APCHA) Guidelines or, if the units are to be rented, a legal instnmaent permanently ensuring their affordable status acceptable to the City Attorney shall be provided. The City shall accept a nominal property interest (1/I0 of 1 percent undivided interest) or other reasonable means of assurance. Residents of the affordable housing units shall meet the minimum occupancy and all other qualification criteria in the APCHA Guidelines, as amended. The rental structure of the affordable units shall not exceed a maximum rental rate of Category 2 for the one- bedroom unit and Category 3 for the three-bedroom unit as such rates are defined in the APCHA Guidelines, as amended fi'om time to time. Rental tenants shall be qualified by APCHA. The Subdivision Improvements Agreement shall include a methodology of determining actual employee generation of the Project after one complete year of operation and the ma~nner of providing mitigation of any additional empl,oyee generation. The project is providing housing for 4.75 employees. According to the City's requirement of providing mitigation for 60% of the employees generated, th/s housing mitigates a total generation of 7.9 employees. Additional mitigation shall be required for any actual employee generation in excess of 7.9 employees. The methodology shall include an audit process and timeline, a method of selecting an auditor, the method of determining acceptable mitigation if additional employees are generated, and be acceptable to the AsperffPitkin County Housing Authority. Section 3: Aspen Consolidated Sanitation District The building permit application shall comply with all requirements of the Aspen Consolidated Sanitation District. Following are specific requirements applicable to this project: 1. If a back-up generator is used, compliance with fuel tank requirements will be necessary. 2. Containment systems for glycol and hydraulic oils used for the car handling system are necessary. GMC Resolution No. 1, Series of 2003. Page 3 3. ACSD will need to review drainage plans to ensure that no storm water can enter sanitary sewer. 4. If water is used to clean the garage, there will need to be floor drains. Floor drains will be connected to the sanitary sewer and will require an oil/sand separator. In case of a fire, the drains and oii/sand separator must be sized to accommodate fire flows. 5. The Project must adhere to the rules and regulations of the District and pay applicable fees. Section 4: Energy Code & Fire Protection Requirements The building permit application shall include/depict: The structure must meet the energy code for the commercial area Icom-check) and for the residential area (res-check~. 2~ The requirements of the efficient building program for the residential units shall be fulfilled. 3. The plans shall include a fire sprinkler system that complies with NFPA-13 and NFPA-72. The plans shall include standpipes. 4. The building permit plans shall include an emergency access plan acceptable to the Fire Marshall and a ventilation plan acceptable to the Fire Marshall. 5. The building permit plans shall be reviewed by an independent consultant for compliance with applicable fire protection codes and regulations, l'he applicant shall coordinate this review and determination of an independent consultant with the Fire Marshall. Review fees may be assessed. Section 5: Noise Ordinance Compliance The project shall comply with the City of Aspen noise ordinance, as amended from time to time. Prior to tssuance of a Certificate of Occupancy, the Project shall be checked by the City's Environmental Health Department for compliance under a range of expected operating conditions. A Certificate of Occupancy shall not be issued if the Project exceeds the City's noise limitations. The Project shall not operate without a Certificate of Occupancy. The design and construction of the Project shall take into consideration the concerns and requirements of noises exceeding the City's noise ordinance, including proper noise mitigation methods and adequate provision for necessary modifications of the building to meet the City's noise limitations. GMC Resolution No. 1, Series of 2003. Page 4 Section 6: Queuing Vehicles along Hyman Avenue The parking garage operator shall not permit or encore'age patrons to vacate their cars until those cars are fully located on-site within the designated entry/exit parking bays. Queuing cars shall remain occupied. Section 7: Operations Plan and Annual Report The Project shall operate according to the approved Operations Plan, attached as Exhibit A. The Operations Plan may be amended from time to t/me according to the procedures for amending a Conditional Use, Chapter 26.425 of the Land Use Code. The Project operator shall submit to the City an annual operations report containing: A profile of the past year's use of the parking spaces, including how many spaces were available to the public per day (a minimum of 19 spaces are required to be available to the public) and typical day and evening capacity rates during "on" seasons, "off' seasons, and during significant events. · A report on the scanning system or other System used to determine owner usage. Typical peak hour and typical activity during peak hour. · Top 20 peak usage days and a report on what operating issues were associated with those days and how those issues were addressed. ,, A sum_mary of any complaints received and how those complaints were addressed. The annual operations report shall be forwarded to the Planning and Zoning Commission as an information item (not for any specific action). As a result of the City reviewing the annual report, or at any other time, the City may request the operator and property owner improve certain operational issues to conform to the requirements of the approved Operations Plan. Interpretation matters or disagreements between City staff and the Project owner regarding the intent, wording, or enforcement of the Operations Plan shall be resolved by the Planning and Zoning Commission. The Project owner may appeal an adverse determination made by the Planning and Zoning Commission regarding the intent, wording, or enforcement of the Operations Plan to City Council, pursuant to the procedures of Chapter 26.316, Appeals, of the City Land Use Code. Section 8: Enforcement The City may enforce the provisions of this approval, inCluding the provisions of the approved Operations Plan as may be amended from time to time, by appropriate means including, but not limited to, temporary or permanent revocation of the conditional use approval. GMC Resolution No. 1, Series of 2003. Page 5 Section 9: All material representations and commitments made by the developer pursuant to the development proposal approvals as herein awarded, whether m public hearing or documentation presented before the Community Development Department, the Growth Management 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. The approvals granted herein shall run with the land and all conditions and limitations of this approval shall apply to the property owner, or his successors or assigns, and .any property management company or independent operations company acting on behalf of the property owner. Section 10: 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. Section 11: Additional Conditions 1. The window casements shall be color coated or not mill finished. 2. A walkway between the parking garage and the Hannah Dustin building shall be provided to permit project residents to access trash receptacles in the alley. APPROVED by the Growth Management Commission during a public hearing on November 11. 2003. APPROVED AS TO FORM: Cit~Attorney ATTEST: ackie Lothian, Deputy City Clerk Attachment A - Operational Prospectus Attachment B - Summary of Scoring GROWTH MANAGEMENT COMMISSION: F:~c Cc/henT-~hair C:\home\Current Planning CASES~Park_Place\GMC_Reso.doc GMC Resolution No. 1 Series of 2003. Page 6 Operations Prospectus Exhibit A to GMC Resolution No I. Series of 2003. Page I Operations Prospectus Park Place Parking Facility 707 Hyman Avenue Overview Parking in the core area of Aspen can be difficult and frustrating at times: sometimes it is downright impossible. Part-time residents and locals living on the outskirts of town or in more rural regions need to have available parking for many of their day-to-day needs. Particularly for visitors and part-time residents, commuting by public transit is not a satisfactory solution, because of the need to carry equipment or supplies. However. on- street parking is limited and the public parking facilities are frequently full during the mid-day hours. The private parking lots that do exist are unavailable to visitors, even when there are empty spaces, because these lots are not actively attended and managed. Park Place will be a unique facility in Aspen. one that provides covered valel parking for owners, along with the opportunity to have an income producing space during times that their personal use is not needed. Since this is "come and get it" type renting, owners can put their spaces on and off the rental pool with little notice. The spaces will be condominiumized in order for owners to hold equity and not simply spend money on parking. There is every expectation that they will gain in value, since they will earn income. This income mav increase over time with parking fee increases and increased demand. The following information is intended to establish an operations plan and assist in reviewing the operational characteristics, as well as the community value, inherent in providing this facility. Components of the Facility The proposed design provides for 99 parking spaces, an office of approx. 470 square feet, and two employee-housing units. The office space on ground level is intended for management of the facility, providing a waiting space while cares are delivered, handling payment, etc. Subject to an audit, the employee housing units will fully mitigate for any employee generation and provide for 24-hour on-site supervision of the facility. Use of Spaces Although many of the spaces will be purchased for the convenience of owners, it is apparent that no owner will be in residence 100% of the time. During periods of vacancy by owners, a plan will be implemented towards income production for each oxvner. Operations Prospectus Exhibit A to GMC Resolution No. 1. Series of 2003. Page 2 This will be addressed in the owner's covenants, but in order to have as many spaces serve the public as possible, an owner will generally be required to lease the space when not using the facility. The implementation of this plan will involve a computerized inventory system. Under this system, the owner's vehicle will be scanned with a bar code in order to maintain location of inventory for arrival and departure. If an owner's vehicle has not been scanned in for 3 calendar days. their space will automically be entered into the public parking pool. Since the facility provides on-demand usage, spaces can be taken from inventory easily in order to accommodate owners who did not anticipate their need prior to their arrival. However, the requirement is placed on the owner to reserve their use and the system makes it available all other times. It is also important to note that the management shall retain 19 spaces which will be for public use all of the time. This reserve will ensure that the garage will serve a public parking function, The plan calls for the system to act as a daily public parking facility, with the emphasis placed on all day parking availability. The parking scheme will encourage patrons to park their cars for longer periods (6 - 8 hours), as there will only be a daily rate for parking. During the shoulder seasons, the plan is to sell discounted single-day parking in order to encourage persons to park and leave their vehicles ail day, i.e., come in the morning and leave it till the end of the day for one price so long as they exit only once. Longer rentals to non-owners, such as weekly and monthly rentals, will not be permitted. Such rentals would interfere with the daily parking function, and potentially obstruct availability of spaces for owners. Hours of operation should be sufficient to service all guests/owners. However, when demand is not sufficient to staff the facility, it will be closed. By observing activities On the streets, management anticipates closing between the hours of 10:00 p.m. and 7:00 a.m. Hours may be more limited during lower season times but should never extend past these hours of operation during high season, unless reviewed by the City to accommodate some special need. Special longer hours may be established for event parking in conjunction with City parking and traffic management activities. Examples of these special events would be New Year's Eve and Fourth of July fireworks. 'Owners and users will be required to anticipate closures in order to use their vehicles. Parking Types The different types of parking available to the public should include the following: Daily. Daily rates for parking will be the basic method of usage. Examples of this include day skier parking, day business parking, and night dining/shopping parking. Nineteen of the 99 total spaces shall be available at all times for daily parking. Other spaces shall als0 be available when not in use by their owners. · Off-season. During times of low and off seasons, the intent of management is to offer an opportunity to purchase a discounted one-time park for the day. It will mirror downtown rates for leaving a car on the street all day and allow one entry Operations Prospectus Exhibit Ato GMC Resolution No I. Series of 2003. Page 3 and exit for a fixed price of up to l 1 hours or from 7:00 am till 6:00 pm This takes those persons off the street who are not accommodated by a 4-hour time limit and who do not have to use their car during the course of the day. It should also assist in reducing parking in the close-in residential areas to avoid paid parking areas in the core. Longer-term. Owners and non-oxvners may occupy up to 80 of the 99 spaces overnight or for extended periods as needed. However, this longer-term parking may not be held empty for extended periods of time and shall be available for public day perking when not actually in use by owners. Owners Association As soon as a specific nmnber of spaces are sold, there will be an Owners' Association created for owners who will pay a quarterly fee for building maintenance and other necessary expenses It is expected the fee will be low and easily offset by providing the space to the rental market even just occasionally. It is possible that some buyers would buy multiple spaces, finding the return on investment to be competitive or exceeding current yields on other investments. Management of building by the development group At the time of sale of the spaces, ail sales contracts will include a provision that any rental of spaces would occur through the management company created to handle this business. It is expected that fees in the range o£25% of income would be appropriate. Further. the purchase contracts will include a provision that the managemem company would also handle all subsequent sales and determine an appropriate fee. This insures that after initial sales have completed, the development group continues to have a role in the on-going success of the project. The vast majority of the costs associated with the structure such as parking attendants, utilities, etc. will be covered by the association fee. The 30% fee will have very little expenses associated with it. One on-site manager collecting fees and directing parking attendants and some accounting would be the only costs associated. With an office space in the building and guaranteed continuing revenues, this business would also be saleable for the development group. Replacement of the development group It is possible that at some point in time the current development group principals may choose to vacate their interest in the parking operation. At such time, the management entity may be purchased by others or a substitute entity set up to take over the affairs and management of the parking facility. Subsequent owners of the management group would Operations Prospectus Exhibit A to GMC Resolution No I. Series of 2003. Page 4 assume any land use conditions imposed relative to the operation of the facility or by subsequent management companies, ensuring the continuing appropriate operation of the facility for its private owners and the public benefit. Potential Investors and Users For any investor who may be interested in spaces purely from the prospective of return on investment, it would be necessary to make some assumptions on who and how the entire space is utilized in order to estimate returns to investors based on the predicted parking revenues annually. First, there will be a percentage of the spaces sold to individuals who will use those spaces full time and will not be participating in any parking revenues. It is anticipated that 20 or so spaces will be utilized in such fashion. Next there will a percentage that will purchase for personal convenience when in town. These spaces will be part of the rental pool when their owners are not in residence in Aspen. These owners will tend to be in Aspen during high seasons and therefore not participate in rental income during the highest seasons and heaviest parking times. It is expected that 40 or so purchasers will buy under this assumption. Finally, there will be the investor/buyer. Not using the space, always in the rental pool and looking to maximize their annual gross. I anticipate selling those remaining 40. less any retained by the development group in this fashion. Although all these numbers are estimates since this style parking system has never been used in such a way, it is assumed that the 40 space owners with part time income will collect 1/3 of the expected annual revenues and the full time renters will earn 2/3 of the annual revenues. Amendment of Operations Plan The Operations Plan defined in this prospectus may be amended through the City of Aspen Land Use Code conditional use amendment process.