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HomeMy WebLinkAboutresolution.apz.017-05RESOLUTION NO. 17 (SERIES OF 2005) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION GRANTING SPECIAL REVIEW APPROVAL FOR AFFORDABLE HOUSING PARKING, SPECIAL REVIEW APPROVAL FOR COMMERCIAL PARKING CASH-IN-LIEU PAYMENT, WAIVER OF RESIDENTIAL DESIGN STANDARDS, AND RECOMMENDING APPROVAL OF SUBDIVISION AND THE ALLOCATION OF ONE FREE-MARKET RESIDENTIAL DEVELOPMENT RIGHT AND THREE AFFORDABLE HOSUING DEVELOPMENT RIGHTS TO THE MAIN AND GALENA BUILDING PROPOSAL, AS MIXED-USE BUILDING TO BE LOCATED ON THE NORTHWEST CORNER OF GALENA AND MAIN STREETS, 426 EAST MAIN STREET, LEGALLY DESCRIBED AS UNIT lA GALENA PLAZA CONDOMINIUMS, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2737.073.22.015 WHEREAS, the Community Development Department received an application (the Project) from Millennium Plaza, LLC, c/o Lowell Meyer, PO Box 1247, Aspen, CO 81612, who is the owner of the subject property, for the redevelopment of a commercial building into a mixed-use building to contain commercial and residential units and requesting Growth Management Quota System allotment for one free-market residence, Growth Management Quota System Exemptions for three affordable housing units, Special Review for affordable housing parking and for commercial parking, Subdivision approval, Residential Design Standards waivers, and vested property rights for a mixed- use commercial and residential building to be developed on the corner of Main and Galena Streets. The proposed development is a four-level building with three levels above the street level consisting of ground floor commercial uses, affordable housing on the second level above the street, and a free-market residence on the third floor above the street level. A basement is proposed for accessory storage and a mechanical room and this level opens to a courtyard below the street level; and, WHEREAS, the Property is located at 426 East Main Street and is legally described as Unit lA of the Galena Plaza Condominiums as shown on the plat thereof recorded in Book 49 at Page 82 of the Pitkin County Clerk and Recorder; 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 Planning and Zoning Commission at a duly noticed public hearing after considering recommendations by the Community Development Director, and members of the general public. The scoring and recommendation is then tbrwarded to 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, Resolution No. 17, Series of 2005. Page 1 WHEREAS, pursuant to Sections 26.304, 26.710.140, 26.430, 26.515, 26.480, and 26.410 of the City of Aspen Land Use Code, land use applications requesting subdivision, special reviews, and residential design standards waivers are reviewed by the Aspen Planning and Zoning Commission at a duly noticed public hearing after considering recommendations by the Community Development Director, and members of the general public. The Commission may approve, approve with conditions, or deny the special reviexv requests and the residential design standards waivers and may recommend to City Council approval, approval with conditions or denial of the subdivision request; 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 reviexved the proposal and recommended approval with conditions; and, WHEREAS, during a duly noticed public hearing on May 5, 2005, the Aspen Planning and Zoning 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 approved, by a four to zero (4-0) vote, the Special Review for affordable housing pat'king, the provision of commercial parking via a cash-in-lieu payment, the waiver of Residential Design Standards and recommended, by the same vote, City Council allocation of one free-market residential development right, three aflbrdable housing development rights, and subdivision approval for a mixed-use commercial and residential building to be developed on the northwest comer of Main and Galena Streets, 426 East Main Street, Unit lA of the Galena Plaza Condonfiniums, subject to the conditions of approval listed herein. NOW, THEREFORE BE IT RESOLVED by the Aspen Planning and Zoning Commission that the Galena and Main Project is hereby granted Special Review approval for Affordable Housing parking, Special Review approval for Commercial parking via cash-in-lieu, Waiver of Residential Design Standards, and that City Council should allocate the Project one free-market residential development right, three affordable housing development rights, and subdivision approval, subject to the following conditions of approval: Section 1: Parking Mitigation Payment The Project Developer shall make a one-time monetary mitigation payment to the City of Aspen in the amount of $105,000 for the mitigation of seven (7) parking spaces, 5 residential and 2 commercial. The contribution shall be payable prior to issuance of a Building Permit for the Project. The Planning and Zoning Commission encourages the Aspen City Council to allocate all of this payment to the Roaring Fork Vehicles car- sharing program. Resolution No. 17, Series o£2005. Page 2 Section 2: Downtown Improvement Contribution The Project Developer shall make a one-time monetary mitigation payment to the City of Aspen in the amount of $10,000 for pedestrian oriented improvements to the conunercial core as recommended by the City's Downtown Catalyst (or the City Manager if the Catalyst position is discontinued). The contribution shall be payable prior to issuance of a Building Permit for the Project. Section 3: Aspen Recreation Center Contribution The Project Developer shall make a one-time monetary mitigation payment to the City of Aspen in the amount of $7,000 for recreation programs and facilities of the Aspen Recreation Center as recommended by the Manager of Parks and Recreation. The contribution shall be payable prior to issuance of a Building Permit for the Project. Section 4: Roaring Fork Transportation Authority Contribution The Project Developer shall make a one-time monetary mitigation payment to the City of Aspen in the amount of $5,000 to be transferred to the Roaring Fork Transportation Authority for transit improvements within the Roaring Fork Valley. The contribution shall be payable prior to issuance of a Building Permit for the Project. Section 5: Aspen Historical Society Contribution The Project Developer shall make a one-time monetary mitigation payment to the City of Aspen in the amount of $5,000 to be transferred to the Aspen Historical Society. The contribution shall be payable prior to issuance of a Building Permit for the Project. Section 6: Car Share Program Contribution The Project Developer shall make a one-time monetary contribution to Roaring Fork Vehicles - a car-sharing business associated with the City of Aspen - in the amount of $20,000. The contribution shall be payable prior to issuance of a Building Permit for the Project. This contribution was voluntarily offered by the applicant, as a means of mitigating residential parking needs. Section 7: Construction Staging and Police/SheriffParking The Project Developer shall work with the City of Aspen Police Chief and the Pitkin County Sheriff regarding temporary parking for emergency vehicles and the location of construction materials/equipment for the period of construction. The agreement shall be recorded as part of the Subdivision Agreement application. City Conm~unity Development staff' can facilitate/moderate meetings and mediate any unresolved issues as necessary. Section 8: Residential Design Standards The following Residential Design Standards shall not apply to this Project: "Secondary Mass," "Covered Porch," and "First Story Element." The Project has been found in compliance with the remaining Residential Design Standards and the remaining standards shall be applicable to this Project. Resolution No. 17, Series of 2005. Page 3 Section 9: Impact Fees Park Impact Fees of $10,604 shall be assessed upon issuance of a Building Permit and allocated by the City for improvements to City Parks. Amendments to the project shall incorporate an amendment to this fee according to the following schedule. For each studio unit - $1,520 For each one-bedroom unit - $2,120 For each two-bedroom unit - $2,725 For each three- or four-bedroom unit - $3,634 School Land Dedication Fees are assessed based on one-third the value of the unimproved land divided by the proposed number of residential units on a per acre basis. The City of Aspen verifies the unimproved land value of the lands underlying the Project to be $224,675 from information from the Pitkin County Assessor. This represents $44.89 per square foot of land. One-third of this value divided by the proposed 4 new units results in a $3.74 per square foot standard for calculating the impact fee. The subject subdivision is not conducive to locating a school facility and a cash-in-lieu payment shall be accepted. School Land Dedication Fees are required according to the following schedule, payable at building permit issuance: Unit size 1/3 land Land Per unit fee Units Total value per Dedication unit sq. ft. standard (sq. ft.) Studio/One $3.74 52 $194.48 1 $194.48 bedroom Two Bedroom $3.74 416 $1,555.84 2 $3,111.68 Three $3.74 707 $2,644.18 1 $2,644.18 Bedroom Total: 5,950.34 Amendments to the project shall include an adjustment to this fee according to the above calculation methodology and schedule. Section 10: Trees and Right-of-Way Improvements The Project Developer shall either relocate the three existing on-site trees to a new location acceptable to the City of Aspen Parks Department or remove the trees and pay a tree removal mitigation fee according to the valuation schedule below. Relocating the trees can either be organized by the Project developer in coordination with the City Parks Department or performed by the City Parks Department and billed to the Project Developer. Resolution No. 17, Series of 2005. Page 4 Page: § of B 05~27/2005 le:Sgp SILVIA DAVIS PITKIN COUNTY CO R 41.00 D 0.00 Tree removal mitigation shall be based on the valuation of existing trees to be removed. Folloxving is a summary of the existing trees to be removed and their valuation. 12 1 $4,069.44 $4,069.44 13 2 $4,775.94 $9,551.88 Total: $13,621,32 The existing street trees within the Main Street right-of-way shall be protected during the entire construction process. No storage of materials shall occur within the drip lines of these trees. The Subdivision agreement shall include provisions to protect the Main Street trees. Section 11: Sidewalk Closures Proper signage and barriers shall be used during periods of construction necessitating the closure of sidewalks surrounding the Project. Section 12: Water Department Requirements A separate water meter will be needed for each residence. There shall be a shared water service agreement with each owner. An additional tap for landscaping is required. Section 13: Sanitation District Requirements 1. The total connection fees must be paid prior to building permit issuance. 2. The elevator shaft cannot drain to the sanitary sewer unless there is an oil/sand separator. 3. It is recommended that the Applicant install a grease trap for the commercial space to allow food service occupant. 4. The sewer service should connect to the sewer in the alley. Section 14:PM10 Mitigation and Transportation Options Program The City of Aspen considers the following elements of the project as mitigating the potential increases in pml0: the Project's proximity to downtown, proximity to transit services, existing pedestrian connections and trails, no additional on-site parking, and a monetary contribution to the car-share program. The owner(s) of the commercial units within the Project shall inform and encourage commercial tenants to join the City of Aspen Transportation Options Program. This program offers certain incentives to reduce automobile reliance. Section 15: Subdivision Plat Within 180 days after final approval by City Council and prior to applying for a Building Permit, the applicant shall record a Subdivision Plat. The Subdivision Plat shall comply with current requirements of the City Community Development Engineer. The following items shall also be depicted: 1. Any easements and signature blocks for utility mains not administered by the City of Aspen. Resolution No. 17, Series of 2005. Page 5 DAVIS PlTKIN COUNTY CO R 4~..00 D 0.00 2. A utility plan meeting the standards of the City Engineer and City utility agencies. The City Water Department prefers one fire tap and one domestic service tap with subsequent branch lines to serve individual buildings and residences. 3. A drainage plan depicting roof and surface drainage and how it will be connected to the City's storm drainage system. 4. A right-of-way improvement plan acceptable to the City Parks Department showing the design concept for the sidewalk pavers, bike rack including installation technique which protects the existing cottonwood trees, and protection and irrigation of the cottonwood trees. 5. The applicant shall provide the final approved Subdivision line data or survey description data describing the revised street and parcel boundaries to the Geographic Information Systems Department prior to applying for a building permit. Section 16: Subdivision Agreement Within 180 days after final approval by City Council and prior to applying for Building Permit, the applicant shall record a Subdivision Agreement binding this property to this development approval. The Agreement shall include the necessary items detailed in Section 26.445.070, in addition to the following: 1. Any agreement with the Police Chief and the Sheriff regarding parking of emergency vehicles during construction and a notification procedure for relocating parking as needed. Section 17: Building Permit Requirements The building permit application shall include/depict: 1. A letter f}om the primary contractor stating that the approving Ordinance and Subdivision Improvement Agreement has been read and understood. The contractor shall specifically state an understanding of the Construction Staging and Police/Sheriff Parking agreement. 2. A signed copy of the final Ordinance and Subdivision Improvement Agreement granting land use approval. 3. A construction management and parking plan meeting the specifications of the City Building Department. 4. Compliance with Accessibility requirements, including an accessible route to the trash area. 5. A construction staging plan showing areas for material storage, contractor parking, and showing how the Main Street trees will be fenced-off and protected during construction. 6. A fugitive dust control plan approved by the Environmental Health Department. The applicant shall wash tracked mud and debris from the street as necessary, and as requested by the City, during construction. The applicant shall provide phone contact information for on-site project management to address construction Resolution No. 17, Series of 2005. Page 6 5ILVIA DAVIS PITKIN COUNTY CO R 41.00 D 0.00 impacts to: The City of Aspen, Pitkin County, the Building Manager of the US Bank Building, and the Galena Lofts Homeowners Association. 7. A fire suppression plan acceptable to the Fire Marshall, including the standpipe. 8. Compliance with the specifications and requirements of the Aspen Consolidated Sanitation District. 9. Prior to issuance of the Building Permit, all impact fees, cash-in-lieu fees, and monetary contributions, as specified herein, shall be paid. Section 18: All material representations and commitments made by the developer pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department, or the Aspen Planning and Zoning Commission, 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. Section 19: The non-conforming office space on the ground level of the building shall not be considered "abandoned or discontinued," as such terms are used in Section 26.312.020 of the Land Use Code, during the time period between issuance of a Building Pemfit and the issuance of a Certificate of Occupancy for the building and this construction time period shall not be used in the computation of discontinued use when considering the ability to reestablish an office use within this space. APPROVED by the Planning and Zoning Commission during a public hearing on May 5, 2005. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: Dav]'d Hoefer, Assistant City Attorney ATTEST: Resolution No. 17, Series of 2005. Page 7 0 C; L]., Exhibit A to Resolution No. 17, Series of 2005