HomeMy WebLinkAboutresolution.apz.026-06
Resolution No....lL
(SERIES OF 2006)
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING THREE GROWTH MANAGEMENT REVIEW APPROVALS,
COMMERCIAL DESIGN REVIEW, SPECIAL REVIEW, AND RECOMMENDING
THAT CITY COUNCIL GRANT SUBDIVSION APPROVAL FOR THE
DEVELOPMENT OF A MIXED-USE BUILDING CONTAINING THREE AFFORDABLE
HOUSING UNITS, SIX FREE-MARKET MULTI-FAMILY UNITS, AND COMMERCIAL
NET LEASBLE AREA KNOWN AS THE JEROME PROFESSIONAL BUILDING AND
LOCATED AT 201 NORTH MILL STREET, CITY OF ASPEN, PITKIN COUNTY,
COLORADO.
Parcel Nos. 2737-073-17-010 through 2737-073-17-028
WHEREAS, the Community Development Department received an application from all
of the owners and directors of the Jerome Professional Building Condominium Association, Inc.,
requesting three (3) Growth Management Review approvals, Commercial Design Review
approval, Special Review approval and a recommendation of approval for Subdivision to
develop a mixed-use building known as the Jerome Professional Building located at 201 N. Mill
Street; and,
WHEREAS, the growth management reviews are for approval for a New Mixed-Use
Building which contains 10,750 sq. ft. of net leasable area, approval for the Development of six
(6) free-market residential units totaling a Floor Area Ratio of .87:1, and approval for the
Development of three (3) affordable housing units with a total of3,099 sq. ft. of net livable area;
and,
WHEREAS, as part of the land use review, the Applicant is requesting Commercial
Design Review approval for the proposed mixed-use building; and,
WHEREAS, the Applicant is requesting Special Review approval to increase the
individual floor area ratios (FAR) for both the commercial use and free-market multi-family use
of the property. The current zoning allows an overall cap of 2: I (24,000 sq. ft.) for the entire
parcel and permits an applicant to request, through Special Review, an increase in both the free-
market multi-family use and commercial use of the property from .75:1 to a maximum of 1:1.
For the commercial use, the Applicant is requesting an increase from .75:1 to .88:1 (or an
additional 1,515 sq. ft. in floor area) and for the free-market multi-family use, the Applicant is
requesting an increase from .75:1 to .87:1 (or an additional 1,442 sq. ft. in floor area); and,
WHEREAS, the Applicant is requesting subdivision approval because the development
of multi-family dwelling units requires approval of subdivision pursuant to the definition of
subdivision in the City's land use code; and,
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WHEREAS, upon review of the application and the applicable code standards, the
Community Development Department recommended continuance (pending architectural design
revisions) of the Special Review request, but approval of the Growth Management Review requests,
the Commercial Design Review (with additional design changes to the building), and the
Subdivision request; and,
WHEREAS, Planning and Zoning Commission reviewed the application and upon
recommendation of the Community Development Department, continued the public hearing to
August 15, 2006; and,
WHEREAS, upon further review of the application at the August 15th continuance, the
Planning and Zoning Commission 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, and has taken and considered public
comment at a duly noticed public hearing; and,
WHEREAS, the City of Aspen Planning and Zoning Commission finds that the
development proposal meets or exceeds all applicable development standards and that the approval
and recommendation of approval of the land use requests is consistent with the goals and objectives
of the Aspen Area Community Plan; and,
WHEREAS, the Planning and Zoning Commission grants approval of the three (3)
Growth Management Review requests; the Commercial Design Review request; and the Special
Review request; and, the Planning and Zoning Commission recommends approval of the
Subdivision request, all for the development of a mixed-use building that contains 10,750 sq. ft.
of net leasable area and a commercial F.A.R of .88:1, six (6) free-market units totaling a Floor
Area Ratio of .87:1, and pro}(iding three affordable housing units with a total of 3,099 sq. ft. of
net livable area by a vote oft; Vi- to 'lem @-Q); and,
I
WHEREAS, the City of Aspen 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 Title 26 of the Aspen Municipal Code, the
Planning and Zoning Commission hereby approves Growth Management Review for
ExpansionlNew Commercial, Lodge, or Mixed-Use Development; Growth Management Review
for Free-Market Residential Units within a Mixed-Use Project; Growth Management Review for
Affordable Housing; Commercial Design Review; and Special Review to increase the
Commercial use F.A.R. to .88: 1 and the Free-Market Multi-Family use F.A.R. to .87:1 for the
development of a mixed-use building containing six free-market units, three affordable housing
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units containing a minimum of 3,099 sq. ft. of net livable area, and a commercial component
containing a maximum of 10,750 sq. ft. of net leasable area as shown in the floor plans of
Exhibit D of the staff report dated August 1,2006.
The Planning and Zoning Commission also recommends approval of the subdivision request for
the development of a mixed-use building containing six free-market units, three affordable
housing units containing a minimum of 3,099 sq. ft. of net livable area, and a commercial
component containing a maximum of 10,750 sq. ft. of net leasable area as shown in the floor
plans contained within Exhibit D of the staff report dated August 1, 2006.
Section 2: Plat and Al!reement
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 if City Council provides final
approval of the subdivision request.
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Section 3: Buildinl! Permit ADDlication
The building permit application shall include the following:
a. A copy of the final Ordinance and recorded P&Z Resolution.
b. The conditions of approval printed on the cover page of the building permit set.
c. A completed tap permit for service with the Aspen Consolidated Sanitation District.
d. 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. If a
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. Any applicable fees will be required for a storm drainage connection to the
City system.
e. An excavation stabilization plan, construction management plan (CMP), and drainage and
soils reports pursuant to the Building Department's requirements. The CMP shall include an
identification of construction hauling routes for review and approval by the City Engineer
and Streets Department Superintendent. Special emphasis should be directed to the CMP
because of the close quarters on the lot. Material staging, parking and material handling are
major concerns. A tower crane should be considered for material handling on site to
minimize traffic disruptions.
f. A fugitive dust control plan to be reviewed and approved by the Environmental Health
Department.
g. A detailed excavation plan that utilizes vertical soil stabilization techniques, or other
techniques, if appropriate and acceptable, for review and approval by the City Engineer.
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h. Accessibility and ADA requirements shall be addressed to satisfactorily meet adopted
building codes.
Section 4: Dimensional Requirements
The redevelopment of the building as presented complies with the dimensional requirements of
the Mixed-Use (MU) zone district, including the FAR limits approved by Special Review.
Section 5: Enl!ineerinl!
Replacement of the sidewalks, curbs, and gutters need to be addressed with development of the
project. If snow melting sidewalks are installed, the adjacent curb and gutter will also need to be
heated so the runoff can go into the City of Aspen existing collection system. Permits will be
required for any work within a City Right-Of-Way. No, penetration, inclusive of soil nails, is
allowed within the city right-of-way.
Section 6: Affordable Housinl!
a. The affordable housing requirements of the project shall be met with provision of three (3)
two-bedroom Category 4 units.
b. Rental units area allowed with the following conditions:
I) The units have the ability to become ownership units at such time as the owners
request this change and/or at such time as the APCHA deems one of the units out of
compliance for over a period of one year. At such time, all units will be listed for sale
with the Housing Office as specified in the deed restriction at the Category 4 maximum
sales price based on the Guidelines in effect at the time of final plat approval for all
units and all units shall be sold through the lottery system as specified in the
Guidelines.
2) Rental of the units shall be open to all qualified employees in Aspen and Pitkin
County and shall not be tied to employment; however, the owner(s) of the commercial
or free-market residential units may still choose qualified renters and the tenants may
still be employed by the commercial component. The HOA may maintain ownership
ofthe units.
3) The governing documents of the development shall be drafted to reflect the
potential for the rental units to become ownership units; i.e., the Protective Covenants,
By-Laws, Articles of Incorporation, etc. Since the project is a mixed free-market/deed-
restricted project, the assessments shall be determined based on the price values of the
free-market component compared to the deed-restricted component. This language
shall be required in the Covenants associated with the project. No changes to this
restriction shall be allowed without the APCHA's approval.
4) As long as the units remain as rental units, APCHA or the applicant shall structure a
deed restriction for the employee housing units only such that an undivided I/lOth of
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1 percent interest in the ownership of each of the employee units is deed restricted in
perpetuity to the Aspen/Pitkin County Housing Authority; or until such time the units
become ownership units; or the applicant may propose any other means that the
Housing Authority determines acceptable.
c. The homeowners' association shall be established to reflect the potential for the units to
become ownership units. The assessments shall be based on the differential between the
market values of the free-market component compared to the deed-restricted component. This
language shall be required in the Covenants associated with the project. The Covenants shall be
reviewed by Housing Office staff prior to approval. No changes to this restriction shall be
allowed without the APCHA's approval.
d. Three off-street parking spaces within the development's parking garage shall be provided and
designated for the occupants of the deed-restricted units.
e. The deed-restriction shall be recorded at the time of recordation of the Condominium Plat and
prior to Certificate of Occupancy.
Section 7: Fire Mitil!ation
NFPA 13 needs to be applied to the residential component of the project. Fire alarms are
required. Carbon monoxide detectors are required. Stand Pipes for fire protection need to extend
into the basement. Service size needs to account for the required fire flows. The alley size needs
to accommodate aerial fire truck access for a minimum width of20 feet or as otherwise approved
by the Fire Marshal.
Section 8: Water Department Requirements
The Applicant shall comply with the 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 9: Sanitation District Requirements
a. Service is contingent upon compliance with the District's rules, regulations, and
specifications, which are on file at the District office. ACSD will review the approved
Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio
drains) are not connected to the sanitary sewer system.
b. On-site utility plans require approval by ACSD.
c. Oil and Grease interceptors (NOT traps) are required for all food processing establishment;
Locations of food processing shall be identified prior to building permit; even though the
commercial space is tenet finish, interceptors will be required at this time if food processing
establishments are anticipated for this proj ect.
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d. Oil and Sand separators are required for parking garages and vehicle maintenance
establishments. Driveway entrance drains must drain to drywells. Elevator shafts drains must
flow thru o/s interceptor.
e. Old service lines must be excavated and abandoned at the main sanitary sewer line according
to specific ACSD requirements. Below grade development may require installation of a
pumping system. One tap is allowed for each building. Shared service line agreements may
be required where more than one unit is served by a single service line. Permanent
improvements are prohibited in sewer easements or right of ways.
f. Landscaping plans will require approval by ACSD where soft and hard landscaping may
impact public ROW or easements to be dedicated to the district.
g. All ACSD fees must be paid prior to the issuance of a building permit.
h. The glycol heating and snow melt system must be designed to prohibit and discharge of
glycol to any portion of the public and private sanitary sewer system. The glycol storage
areas must have approved containment facilities.
1. Soil Nails are not allowed in the public ROW above AS CD main sewer lines and within 3
feet vertically below an ACSD main sewer line.
J. Applicant's civil engineer will be required to submit existing and proposed flow calculations.
Section 10: 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 has sufficient capacity for the redevelopment. If a
new supplemental transformer is required to be installed, 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 11: Environmental Health
Using standard Institute of Traffic Engineers Trip Generation Rates, this development will
generate 94 additional trips per day, and 13 pounds of PM -10 per day. Thus this development
will have a negative effect on the air quality if mitigation measures are not implemented. To
provide such mitigation, the Applicant may:
a. Pay the City of Aspen's Air Quality Impact Fee (if in place at the time of building permit
submittal).
Or,
b. Provide free bus pass for employees; and,
c. Have the businesses and Homeowner's Association actively participate III the City's
Transportation Options Program (TOP); and,
d. Provide secure bike storage.
Section 12: Exterior Lil!htinl!
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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: 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 Community
Development Department 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 13: Park Development Impact Fee
Pursuant to Land Use Code Section 26.610, Park Development Impact Fee, the Applicant shall
pay a park development impact fee assessed at the time of building permit application submittal
and paid at building permit issuance.
Section 14: Parks
a. Excavation: any excavation under the drip line of a tree to be preserved will need to
approved and receive a drip line permit along with the tree permit. The existing foundation
wall may need to remain in place at the location adjacent to a tree that is to be preserved, and
vertical excavation may be required and over digging will be prohibited in such zones; work
in these zones will need to be coordinated with the Parks Department. The Parks Department
will require a detailed plan showing the location of the existing foundation and how it
corresponds with the proposed new foundation. This note must be represented on the
building permit set.
b. Tree Protection: A vegetation protection fence shall be erected at the drip line of each
individual tree or groupings of trees remaining on site and their represented drip lines. A
formal plan indicating the location of the tree . protection will be required for the building
permit set. No excavation, storage of materials, storage of construction backfill, storage of
equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site.
This fence must be inspected by the city forester or his/her designee before any construction
activities are to commence. Root damage is required to be minimized by preserving the
existing foundation, unless an alternative is acceptable and approved by the Parks
Department, around the large Spruce Tree.
c. . An approved tree permit will be required before any demolition or access infrastructure work
takes place. Mitigation for tree removals shall be required.
d. The applicant will need to contract with a tree service, and have them on-call in order to
address all roots greater than 2 inches in diameter. Roots 2" or greater shall be
professionally pruned by the on-call tree service. Root trenching will be required around all
trees that will be subject to excavation under the drip line or next to the drip line. This can
be accomplished by an experienced tree service company or trained member of the
contractor's team.
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e. Landscaping and Sidewalk landscaped area: Landscaping in the public right of way will be
subject to landscaping in the ROW requirements, including:
o Street tree plantings shall be evenly spaced a minimum of20 foot on-center.
o ROW plantings require adequate irrigation pressure and coverage.
o Improvements to the soil profiles of the ROW (amending the current soils to improve air,
water filtration and increase longevity of the new plantings) may be necessary and shall
be reviewed by the Parks Department.
o Tree trenches will need to be utilized for the street tree plantings. Bleeker Street planting
can be accomplished with an attached curb and sidewalk with a brick paver accent.
f. Applicant should work with the developer of the adjacent property (to the west) to coordinate
the access issues, tree removals and grading associated with opening of the alley.
Section 15:
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 16:
This resolution 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 17:
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
August, 2006.
APPROVED AS TO FORM:
PLANNING AND ZONING
COMMISSION:
Jt2&m~-Ic.
~ttorn?~ Llf
Jasmine Tygre, Chair
ATTEST:
,
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