Loading...
HomeMy WebLinkAboutresolution.apz.027-06 ------'~..~-~-~_.>.,.'"-'.- RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING WITH CONDITIONS THREE GROWTH MANAGEMENT REVIEWS, COMMERCIAL DESIGN STANDARDS REVIEW, AND RECOMMENDING CITY COUNCIL APPROVE WITH CONDITIONS SUBDIVISION AND COMDOMINIUMIZATlON FOR 625 E. MAIN STREET, LOTS E, F, G, EASTERLY 10 FEET OF LOT D, BLOCK 98, CITY AND TOWNSITE OF ASPEN, CO, PITKIN COUNTY, COLORADO PARCEL NO. 2737-182-02204 Resolution #27-06 WHEREAS, the Community Development Department received an application from Aspen Main Street Properties LP, represented by Haas Land Planning, LLC, requesting approval of three (3) Growth Management Reviews, Subdivision Review, and Commercial Design Review to construct a mixed-use building consisting of two commercial units, two office units, four affordable housing residential units, and five free-market residential units; and, WHEREAS, the subject property is zoned C-I (Commercial); 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 September 5, 2006, the Planning and Zoning Commission approved Resolution No. 27, Series of2006, by a three to two (3 - 2) vote, approving three Growth Management Reviews for the development of a mixed-use building that includes commercial space, office space, free-market housing, and affordable housing, Commercial Design Standards Review, and recommending that City Council approve with conditions the proposed subdivision and condominiumization to construct a mixed-use building consisting of five (5) free-market residential units and four (4) deed-restricted affordable housing units located on the property located at 625 E. Main Street, Lots E, F, G, easterly 10 feet of Lot D, Block 98, City and Townsite of Aspen, CO; and, WHEREAS, 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 fmds 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 Community 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 a Growth Management Review for the development of a mixed-use building; a Growth Management Review for the development of free-market housing; a Growth Management Review for the development of affordable housing; and, commercial design review in order to construct a mixed-use building consisting of two (2) commercial units, two (2) office units, five (5) free-market residential units, and four (4) deed-restricted affordable housing units on the property located at 625 E. Main Street, Lots E, F, G, easterly 10 feet of Lot D, Block 98, City and Townsite of Aspen, CO. The use mix and dimensional requirements shall comply with the C-I zone district, as described in the staff memorandum and included in the chart below. Specific square footage requirements may be amended, pursuant to compliance with the C-I zone district. Minimum Lot Size Minimum Lot Width Minimum Lot ArealDwellin Minimum Front Yard Setback Minimum Side Yard Setback Minimum Rear Yard Setback Maximum Height 10,000 sq. ft. 3,000 sq. ft. 100 Feet Not applicable to mixed use development N/A Not applicable to a mixed use development o Feet Not applicable to a mixed use development o Feet Not applicable to a mixed use development o Feet No requirement for mixed use development; but trash/utility service area must abut alley 42 Feet for flat roofs. Minimum Distance between Buildings on Lot Pedestrian Amenity S Building: 42 Feet Elevator Shaft extends 5 Feet above to 47 Feet [note: the elevator qualifies as "mechanical equipment" and is permitted ursuant to 26.575.020(Bld)] N/A Not applicable to a mixed use development Cash-in-Lieu fee of$50 per 1000 s uare feet = $50,000 for this lot Pursuant to Section 26.575.030, Pedestrian Ameni \ \"11\ "III "\\\1 "II IIIIII 1"111 \\,,\ III "III 111\ 1"1 :~~~~~ ~9: 02 JANICE K VOS CAUDILL PITKIN COUNTY CO R 36.00 0 0.00 I ,_._~.. Floor Area Cumulative 12,784 sq. ft. Cumulative Maximum: Commercial: 1.5:1 Ratio (FAR) Maximum: or 1.28:1 3:1 up to 2: 1 (with 26,414 sq. ft. affordable housing or 2.64: 1 increase) N/A Lodging, Arts, Cultural and Civic, Public, Recreational, Academic uses: 3: 1 3,630 sq. ft. Affordable Housing: No limitation 10,000 sq. ft. Free-Market: 1:1 or 1:1 N/A Duplex, detached residential, bed and Breakfast: 80% pg allowable floor area of same-sized lot in R6 zone district Maximum Free-Market Affordable Maximum 2,000 sq. ft. for both free-market Residential Units: Units: residential units and affordable housing Unit Size A. 1,926 sq. ft. 1. 700 sq. ft. residential units. The free-market component (sq. ft.) B. 1,961 sq. ft. 2.691 + 24 sq. must be no more than the same percentage as C. 1,985 sq. ft. ft. (storage in the commercial component D. 1,168 sq. ft. hallway) E. 1,451 sq. ft. 3.751 sq. ft. 4. 700 Sq. ft. Section 2: Plat and Al!reement Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby recommends that City Council grant subdivision approval and that, should City Council grant subdivision approval, the Applicant shall record a subdivision agreement that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of such approval. A final Condominium Plat may be approved and signed by the Community Development Director upon substantial completion of construction. Section 3: Buildinl! Permit Application The building permit application shall include the following: a. A copy of the final Ordinance and P&Z Resolution. b. The conditions of approval printed on the cover page of the building permit set. c. A fugitive dust control plan to be reviewed and approved by the City Engineering Department. il((~J~lt(flll11~I~IIUII~ 11(~1'~1' 11111111 ~;;~~~f ~9: 02 R 36.00 0 0.00 d. An excavation-stabilization plan, construction management plan (CMP), and drainage and spoils report pursuant to the Building Department's requirements. The CMP shall include an identification of construction hauling routes, construction phasing, and a construction traffic and parking plan for review and approval by the City Engineer and Streets Department Superintendent. The construction management plan shall also identify that the adjacent sidewalks will be kept open and maintained throughout construction, that landscapings, plantings and amenities on adjacent property will be protected, and that construction parking will not encroach on private property. e. Accessibility and ADA requirements shall meet adopted building code requirements. f. An approved Landscape Plan Section 4: Dimensional Requirements The building as presented in the plans contained within the application dated April 2006, as amended with plans dated August 3, 2006, complies with the dimensional requirements of the Commercial (C-I) zone district. Compliance with these requirements will be verified by the City of Aspen Zoning Officer at the time of building permit submittal. The subgrade storage areas shall remain uninhabitable and unimproved storage facilities. If these areas are remodeled in the future, the applicant must go through the appropriate land use reviews in place at the time of application. Section 5: Trash/Utilitv Service Area The trash containers shall be wildlife proof and meet the Certificate of Appropriateness regulations pertaining to size and security. Section 6: Sidewalks. Curb. and Gutter The sidewalks shall be upgraded to meet the City Engineer's standards and ADA requirements and prior to issuance of a Building Permit, the applicant shall provide plans that meet the approval of the City Engineer. Such improvements shall be made prior to a Certificate of Occupancy on any of the units within the development. Section 7: Affordable Housinl! a. The affordable housing mitigation requirements are satisfied with the four one-bedroom units. b. The units will be listed for sale through the AspenlPitkin County Affordable Housing (APCHA) Office as specified in the deed restriction at the Category 4 maximum sales price based on the APCHA 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 APCHA Guidelines. c. Either two homeowners' associations shall be established or the governing documents will reflect the project has a mixed free-marketldeed-restricted project; the assessments shall be based on the differential between the price values of the free-market component compared to the deed-restricted component. This language shall be required in the approval and in the Covenants associated with the project. No changes to this restriction 1111111111111111 111111 :;~;~~:;~ ~9: 02 JRNICE K VOS CAUDILL PITKIN COUNTY CO R 36.00 D 0.00 would be allowed without APCHA's approval. Voting rights shall be based on one vote per unit. d. The deed-restriction shall be recorded at the time ofrecordation of the Condo Plat and prior to Certificate of Occupancy. 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 Aspen Consolidated Sanitation District's (ACSD) 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 will be tenant-finished, interceptors will be required at this time iffood processing establishments are anticipated for this project. d. Oil and Sand separators are required for parking garages and vehicle maintenance establishments. Driveway entrance drains must drain to drywells. Elevator shaft drains must flow through oil and sand interceptors. 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. Any glycol heating and snow melt system must be designed to prohibit and discharge of glycol to any portion ofthe public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. I. Soil Nails are not allowed in the public ROW above ASCD main sewer lines. J. Applicant's civil engineer will be required to submit existing and proposed flow calculations. Section 10: Exterior Lil!htinl! 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. 1111111111111I11111111 ~~;~~:;f ~9' 02 JANICE K VOS CAUDILL PITKIN COUNTY CO R 36.00 0 0.00 . I - Section 11: Landscapinl! a. Specific excavation techniques will be required for the excavation along the back of the property. Vertical excavation will be required and over-digging is prohibited in this zone. This note must be represented on the building permit set. Utility connection will need to be designed and shown on the plan in a manner that does not encroach into the tree protection zones. b. Prior to the issuance of any demolition or building permits, a tree removal permit will need to be approved by the City of Aspen Parks Department. To the extent that mitigation is required for any removals, the required mitigation will be provided to the satisfaction of the Parks Department via payment of cash-in-lieu of plantings, the planting of street trees, or a combination of these methods. c. Root trenching will be required around all trees with excavation next to and/or under the drip line. This can be accomplished by a contracted professional tree service company or trained member of the contractor's team. This is specific to the trees located on adj acent properties. d. Planting in the Public Right-Of-Way (ROW) will be subject to Landscaping in the ROW requirements. Improvements to the ROW should include new grass, irrigation and the applicant shall work with the Parks Department in order to design an appropriate trench box for the new tree plantings. Plans for the tree plantings should be completed and conceptually approved prior to building permit submittal. Section 12: 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 prior to building permit issuance. The fee shall be calculated according to the fee schedule in Land Use Code Section 26.610.030, Fee Schedule. Section 13: Pedestrian Amenity Cash-in-Lieu Fee Pursuant to Land Use Code Section 26.575.030, Pedestrian Amenity, the Applicant shall pay a cash-in-lieu fee for pedestrian amenity in the amount equal to ten percent of the lot area prior to building permit issuance. The fee is assessed based on the following calculation: Lot area = 10,000 square feet 10% of Lot Area = 1,000 square feet Payment = $50 x 1000 square feet Pedestrian Amenity Cash-in-Lieu = $50,000, 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 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. J{(J~IIIIII '111'11111111'1111111111 ~~;~~~f ~9' 02, vas CAUDILL PITKIN COUNTY CO R 36 00 . . 0 0.00 1.- Section15: 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 affect 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 ofthe City of Aspen on this _ day of September, 2006. CiQ \ ) I- \J PLANNING AND ZONING COMMISSION: ~~~~r-c;?rF w!:f~ t/orw /VO APPROVED AS TO FORM: ATTEST: ~ C:\Documents and Settings\jessicag\My Documents\Cases\Stage IIl\9.6.06 PZ info\StaffPZ Reso 9-5-06 - FINAL.doc \IJ')'I'l~UJ:~~:~_:'n