HomeMy WebLinkAboutresolution.apz.012-05RESOLUTION NO. 12
(SERI~S OF 2005)
A RESOLUTION OFTHE CITY OF ASPEN PLANNING AND ZONING
COMMISSION APPROVING WlTH CONDITIONS, SPECIAL REVIEW TO
1)PAY CASH-IN-LIEU OF PROVIDING REQUIRED OPEN
SPACE/PEDESTRIAN AMENITY, 2)TO ESTABLISH THE AFFORDABLE
HOUSING PARKING REQUIREMENTS, AND 3) TO VARY DIMENSIONAL
REQUIREMENTS OF TRASH/UTILITY SERVICES AREA, A GMQS
EXEMPTION FOR EXPANSION OF A HISTORIC STRUCTURE THAT ADDS
MORE THAN ONE RESIDENTIAL DWELLING UNIT, AND RECOMMENDING
THAT CITY COUNCIL APPROVE WITH CONDITIONS, THE MOTHER LODE
SUBDIVISION, AND A GMQS EXEMPTION FOR AFFORDABLE HOUSING TO
CONSTRUCT A THREE STORY EXPANSION TO THE MOTHER LODE
BUILDING ON THE PROPERTY LOCATED AT 314 E. HYMAN AVENUE, CITY
OF ASPEN, P1TKIN COUNTY, COLORADO.
Parcel ID: 2737-073-38-007
WHEREAS, the Community Development Department received an application
from Regent Properties, Inc, represented by Vann Associates, requesting approval of
Subdivision, various GMQS Exemptions, Special Review to pay cash-in-lieu of
providing the required pedestrian amenity, Special Review to establish the trash and
utility service area size, Special Review to establish affordable housing parking
requirements, and condominiumization to construct a three-story addition to the Mother
Lode Restaurant Building located at 314 E. Hyman Avenue; and,
WHEREAS, the subject property is zoned CC (Commercial Core); and,
WHEREAS, the Historic Preservation Commission reviewed and approved the
Conceptual HPC design for the proposed development pursuant to HPC Resolution No.
31, Series of 2004; and,
WHEREAS, upon review of the application, and the applicable code standards,
the Community Development Department recommended approval, with conditions, of the
proposed subdivision and associated land use requests; and,
WHEREAS, during a duly noticed public hearing on March ! 5, 2005, the Planning
and Zoning Commission approved Resolution No.l 2, Series of 2005, by a four to two (4-2)
vote, approving special review to pay cash-in-lieu of providing the required open space,
special review to establish the affordable housing parking special review to vary the
dimensional requirements for the trash/utility services area, a GMQS exemption for
expansion of a historic structure that adds more than one residential dwelling unit, and
recommending that City Council approve with conditions, the proposed Subdivision and
GMQS exemptions to construct a three-story addition to the Mother Lode building at 314 E.
Hyman Avenue; and,
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WItEREAS, the Aspen Planning and Zoning Commission has reviewed and
considered the development proposal under the applicable provisions of the Municipal Code
as identified herein; and,
WHEREAS, the Planning and Zoning Commission finds that the development
proposal meets or exceeds all applicable development standards and that the approval of the
development proposal, with conditions, is consistent with the goals and elements of the
Aspen Area Commtmity Plan; and,
WHEREAS, the Planning and Zoning Commission finds that this resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING
AND ZONING COMMISSION AS FOLLOWS:
Section 1:
Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen
Municipal Code, the Planning and Zoning Commission hereby approves with conditions,
special review to pay cash-in-lieu of providing the required open space, special review to
establish the affordable housing parking requirements, special review to vary the
dimensional requirements for the trash/utility services area, a GMQS exemption for the
expansion of a historic structure that adds more than one residential dwelling unit, and
recommending that City Council approve the Mother Lode Subdivision and GMQS
Exemption to provide un-site affordable housing in order to construct a three-story
addition to the Mother Lode Restaurant Building located at 314 E. Hyman Avenue, with
the conditions contained herein.
Section 2: Plat and Agreement
The Applicant shall record a subdivision plat and agreement that meets the requirements of
Land Use Code Section 26.480, Subdivision, within 180 days of approval.
Section 3: Building Permit Application
The building permit application shall include the following:
a. A copy of thc final Ordinance and recorded P&Z Resolution.
a. The conditions of approval printed on the cover page of the building permit set.
b. A completed tap permit for service with the Aspen Consolidated Sanitation District.
A drainage plan, including an erosion control plan, prepared by a Colorado licensed
Civil Engineer, which maintains sediment and debris on-site during and after
construction. Ifa ground recharge system is required, a soil percolation report will
be required to correctly size the facility. A 5-year storm frequency should be used
in designing any drainage improvements.
A construction management plan pursuant to the Building Department's
requirements. The construction management plan shall include an identification of
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construction hauling routes for review and approval by the City Engineer and
Streets Department Superintendent.
A fugitive dust control plan to be reviewed and approved by the Environmental
Health Department.
A detailed excavation plan that utilizes vertical soil stabilization techniques for
review and approval by the City Engineer.
Section 4: Dimensional Requirements
The redevelopment of the Mother Lode building shall be in compliance with the
dimensional requirements of the Commercial Core (CC) Zone District, with the exception
of off-street parking, trash/utility service area, and open space/pedestrian amenity
requirements. Off-street parking requirements shall be provided as represented in Section
5 below. The dimensions of the trash/utility service area shall be established by special
review as sixteen (16) feet wide by sixteen (16) feet in depth as discussed in Section 6
below. The Applicant shall pay cash-in-lieu of providing open space/pedestrian amenity
as represented in Section 13 below.
Section 5: Off-street Parking
The project shall provide fou~ (4) off-street parking spaces, one of which shall be
designated for the use of the occupants of the two (2) affordable housing units. The
Historic Preservation Commission waived the remainder of the parking requirements
pursuant to HPC Resolution No. 31, Series of 2004.
Section 6: Trash/Utility Service Area
A trash/utility service area of sixteen (16) feet wide by sixteen (16) feet long, accessed
fi.om the alley, is approved by special review pursuant to the procedures established in
Land Use Code Section 26.430, Special Review. The trash container shall be wildlife
proof.
Section 7: Affordable Housing
The Applicant shall record a deed restriction on each of the affordable housing units prior
to the issuance of a certificate of occupancy on the building classifying thc units as
Category 2 units. If the Applicant chooses to deed restrict the affordable housing units as
rental units, the Applicant shall convey a 1/10 of a percent, undivided interest in the units
to the Aspen/Pitkin County Housing Authority prior to the issuance of a certificate of
occupancy on any portion of the building. The units may be deed-restricted as rental
units, but the units shall become ownership units at such time as the owners would
request a change to "for-sale" units or at such time as the Aspen/Pitkin County Housing
Authority deems the units to be out of compliance with the rental occupancy
requirements in the Affordable Housing Guidelines for a period of more than year.
Section 8: Fire Mitigation
The Applicant shall install a fire sprinkler system and alarm system that meets the
requirements of the Fire Marshal.
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Section 9: VVater Department ~equirements
The Applicant shall comply with thc City of Aspen Water System Standards, with Title
25, and with the applicable standards of Title 8 (Water Conservation and Plumbing
Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water
Department. Each of the units within the building shall have individual water meters.
Section 10: Sanitation District Requirements
The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and
regulations. No clear water connections (roof, foundation, perimeter drains) to ACSD
lines shall be allowed. All improvements below grade shall require the use ora pumping
station. If more than one unit is to be served by a single service line, the Applicant shall
enter into a shared service line agreement.
Section 11: Electrical Department Requirements
The Applicant shall have an electric connect load summary conducted by a licensed
electrician in order to determine if the existing transformer on the neighboring property
has sufficient capacity for the Mother Lode Redevelopment. If a new supplemental
transformer is required to be installed on the Mother Lode property, the Applicant shall
provide for a new transformer and its location shall be approved by the Community
Development Department prior to installation. The Applicant shall dedicate an easement
to allow for City Utility Personnel to access the supplemental transformer for
maintenance purposes, if a supplemental transformer is installed.
Section 12: Exterior Liehtin~,
All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code
pursuant to Land Use Code Section 26.575.150, Outdoor lighting.
Section 13: Payment-in-lieu of Open Space/Pedestrian Amenity
Pursuant to Land Use Code Section 26.575.030, Open Space, the Applicant shall pay a
cash in-lien fee of providing the required open space/pedestrian amenity at the time of
building permit issuance. The amount due shall be calculated by the City Zoning Officer
at thc time of building permit issuance using the methodology and fee schedule in place
at the time of building permit issuance.
Section 14: School Lands Dedication Fee
Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall
pay a fee-in-lieu of land dedication prior to building permit issuance. The City of Aspen
Zoning Officer shall calculate the amount due using the calculation methodology and fee
schedule in affect at the time of building permit submittal. The Applicant shall provide
the market value of the land including site improvements, but excluding the value of
structures on the site.
Section 15: Park Development Impact Fee
Pursuant to Land Use Code Section 26.610, Park Development Impact Fee, the Applicant
shall pay a park development impact fcc in the amount of $9,994 prior to building permit
issuance. The fee is assessed based on the following calculation:
Proposed Commercial:
3,804 SF minus 3,804 SF of existing net leasable = 0 new net leasable square feet
$0 due on commercial space
Proposed Residential
1 (three-bedroom) Free Market Residential Unit multiplied by $3,634 per unit= $3,634
3 (one-bedroom) Residential Units multiplied by $2,120 per unit= $6,360
Total: $9,994
Section 16:PM-10 Mitigation
The Applicant shall mitigate for the air quality impacts expected for the generation of 25
vehicle trips per day by enacting the following measures:
1. Providing only one parking space for the use of each residential unit.
2. Providing covered and secured bicycle storage.
3. The Homeowner's Association and the Commercial Tenant shall join the
Transportation Options Program.
Section 17:
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 Planning and Zoning Commission or 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 18:
This resolution shall not effect any existing litigation and shall not operate as an abatement
of any action or pmcoeding 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 19:
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.
APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 15th
day of March, 2005.
APPROVED AS TO FORM:
City ~ttorney Y
PLANNING AND ZONING
CO~MMISSION:
ATTEST:
~//Sackie Lothian, Deputy City Clerk