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RESOLUTION NO. 09
(SERIES OF 2006)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION APPROVING WITH CONDITIONS, A GROWTH
MANAGEMENT REVIEW FOR EXPANSION OF MIXED USE DEVELOPMENT,
A GROWTH MANAGEMENT REVIEW FOR FREE-MARKET RESIDENTIAL
UNITS WITHIN A MIXED USE DEVELOPMENT, A GRWOTH MANAGEMENT
REVIEW FOR AFFORDABLE HOUSING, COMMERCIAL DESIGN REVIEW, A
COMMERCIAL DESIGN REVIEW VARIANCE, SPECIAL REVIEW TO VARY
THE UTlLITYffRASH/RECYCLING AREA, AND RECOMMENDING THAT
CITY COUNCIL APPROVE WITH CONDITIONS, THE HANNAH DUSTIN
BUILDING SUBDIVISION TO ADD 2,440 SQUARE FEET OF NET LEASABLE
SPACE, TWO FREE MARKET RESIDENTIAL UNITS, AND THREE
AFFORDABLE HOUSING UNITS TO THE PROPERTY LOCATED AT 300
SOUTH SPRING STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
ParcelID: 2737-182-27-001
WHEREAS, the Community Development Department received an application
from Hyman Avenue Holdings, LLC, represented by Stan Clauson Associates, LLC,
requesting approval of subdivision, various growth management reviews, commercial
design review, and condominiumization to add 2,440 square feet of net leasable space,
two (2) free-market residential units, and three (3) affordable housing units to the
Hannah-Dusting Building located at 300 S. Spring Street; and,
WHEREAS, the subject property contains 12,000 square feet and is zoned MU
(Mixed Use); 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 duly noticed public hearing on February 21, 2006, the Planning
and Zoning Commission continued the review of the application until March 21,2006; and,
WHEREAS, during a continued public hearing on March 21,2006, the Planning
and Zoning Commission continued the review of the application until March 28, 2006; and,
WHEREAS, during a continued public hearing on March 28, 2006, the Planning
and Zoning Commission continued the review of the application until April 4, 2006; and,
WHEREAS, during a continued public hearing on April 4, 2006, the Planning and
Zoning Commission approved Resolution No 9, Series of2006, by a six to zero (6-0) vote,
approving a growth management review for expansion of mixed use development, a growth
management review for free-market residential units within a mixed use development, a
growth management review for affordable housing, commercial design review, a
commercial design standard variance, special review to vary the utility/trash/recycling area,
and recommending that City Council approve with conditions, the proposed Subdivision
and condominiumization to add 2,440 square feet of net leasable space, two (2) free-
market residential units, and three (3) affordable housing units to the Hannah-Dusting
Building located at 300 S. Spring Street; and,
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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 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 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 expansion of mixed use development, a growth
management review for free-market residential units within a mixed use development, a
growth management review for affordable housing, commercial design review, a
commercial design review variance, special review to vary the utility/trash/recycling area
dimensions, and recommends that City Council approve, the proposed Subdivision and
condominiumization to add 2,440 square feet of net leasable space, two (2) free-market
residential units, and three (3) affordable housing units to the Hannah-Dusting Building
located at 300 S. Spring Street, with the conditions contained herein.
Section 2: Plat and Aereement
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: Buildine 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 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.
e. A construction management plan pursuant to the Building Department's
requirements. The construction management plan shall include an identification of
construction hauling routes for review and approval by the City Engineer and
Streets Department Superintendent.
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f. A fugitive dust control plan to be reviewed and approved by the City Engineering
Department.
g. A detailed excavation plan that utilizes vertical soil stabilization techniques for
review and approval by the City Engineer.
Section 4: Dimensional Requirements
The Hannah-Dustin building shall continue to be in compliance with the dimensional
requirements of the Mixed Use (MU) Zone District. The City of Aspen Zoning Officer
shall verify compliance with the allowed dimensional requirements at the time of
building permit submittal.
Section 5: Off-street Parkin!!
The project shall provide six (6) off-street parking spaces, four of which shall be
designated for the use of the free market residential units, and two (2) of which shall be
designated for the use of the commercial space. The Applicant shall also pay cash-in-lieu
for six (6) of the required office/commercial parking spaces for a total fee of$180,000.00
($30,000 per parking space pursuant to Land Use Code Section 26.515.050, Cash-in-lieu
for Mobility Enhancements). Additionally, the Applicant shall pay cash-in-lieu of three
(3) of the required affordable housing parking spaces for a total fee of $90,000.00
($30,000 per parking space pursuant to Land Use Code Section 26.515.050, Cash-in-lieu
for Mobility Enhancements). The Applicant shall pay the total cash-in-lieu fee of
$270,000.00 in full prior to building permit issuance.
Section 6: Sidewalk and Landscapin!! Improvements
The Applicant shall install a sidewalk detached from the curb with a parkway strip along
East Hyman Avenue for the length of the property frontage that meets the City
Engineer's standards prior to issuance of a certificate of occupancy on any portion of the
development. Appropriate street tree plantings shall occur in the parkway strip along the
property frontage on both East Hyman Avenue and South Spring Street. The Applicant
shall submit a landscaping plan for plantings in the right-of-way for review and approval
by the City Parks Department prior to installation of right-of-way plantings.
Section 7: Trash/Utilitv Service Area
A trash/utility service area with a linear footage of fourteen (14) feet and a depth of ten
(10) feet shall be provided between the existing building and the alleyway. A trash
compactor shall be installed to justify the reduction in the trash/utility/recycling area.
Section 8: Affordable Housin!!
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 the 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 AspenlPitkin 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 AspenlPitkin 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.
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Section 9: Fire Miti!!ation
The Applicant shall install a fire sprinkler system and alarm system that meets the
requirements of the Fire Marshal in the entire building, including existing spaces.
Section 10: 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 11: 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 of a 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 12: 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 Hannah-Dustin Redevelopment. If a new supplemental
transformer is required to be installed on the Hannah-Dustin 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 13: Exterior Li!!htin!!
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 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 fee in the amount of $19,176.20 prior to building
permit issuance. The fee is assessed based on the following calculation:
Proposed Commercial:
2,440 SF of new net leasable square feet multiplied by $1,530.00 per 1,000 SF=$3,733.20
Proposed Residential
2 (four-bedroom) Free Market Residential Unit multiplied by $3,634 per unit= $7,268.00
3 (two-bedroom) Residential Units multiplied by $2,725 per unit= $8.1 75.00
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Total: $19,176.20
Section 16:
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 17:
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 18:
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 4th
day of April, 2006.
APPROVED AS TO FORM:
PLANNING AND ZONING
COMMISSION:
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Ity ttomey
ATTEST:
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Jackie Lothian, Deputy City Clerk '/"'</"'"7'
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