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JANICE K vas CJ:lUDILL PITKIN COUNTY CO R 41.00 D 0.00
RESOLUTION NO. 28
(SERIES OF 2006)
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING A COMMERCIAL DESIGN REVIEW, A GROWTH
MANAGEMENT REVIEW FOR MIXED USE DEVELOPMENT, A GROWTH
MANAGEMENT REVIEW FOR FREE-MARKET RESIDENTIAL UNITS IN A
MIXED USE DEVELOPMENT, A GROWTH MANAGEMENT REVIEW FOR
THE DEVELOPMENT OF AFFORDABLE HOUSING, AND RECOMMENDING
THE CITY COUNCIL APPROVE A SUBDIVISION AND GROWTH
MANAGEMENT REVIEW FOR MUL TI- YEAR ALLOTMENTS FOR THE 307 S.
SPRING STREET SUBDIVISION, LOTS D-I, BLOCK 100, CITY AND
TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO
Parcel No. 2737-182-25-003
Parcel No. 2737-182-25-004
WHEREAS, the Community Development Department received an application
from 633 Spring II, LLC, represented by Stan Clauson Associates, Inc, requesting
approval of Commercial Design Review, Growth Management Reviews, Multi-year
Development Allotments, Condominiumization, and Subdivision to construct a three-
story mixed use building on the properties located at 307 S. Spring Street and 625 E.
Hyman Avenue, Lots D-I, Block 100, City and Townsite of Aspen; and,
WHEREAS, the subject properties contain approximately 18,000 total square
feet and are located in the Commercial (C-l) Zone District; and,
WHEREAS, the Community Development Director reviewed the application and
recommended denial of the multi-year development allotments, finding that the current
design and massing does not meet the standards for an exceptional project necessary to
obtain multi-year development allotments; and,
WHEREAS, during a duly noticed public hearing on September 5, 2006, the
Planning and Zoning Commission approved Resolution No. 28, Series of2006, by a three
to zero (3-0) vote, approving with conditions, a Commercial Design Review, a Growth
Management Review for Mixed-Use Development, a Growth Management Review for
Free-Market Residential Units in a Mixed Use Development, a Growth Management
Review for Affordable Housing, and recommending that City Council approve Multi-Year
Development Allotments, and Subdivision for the development of a three-story, mixed use
building on Lots D-I, Block 100, City and Townsite of Aspen; 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,
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JANICE K vas CAUDILL PITKIN COUNTY CO R 41.00 0 0.00
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 Title 26 of the Aspen Municipal Code,
the Planning and Zoning Commission hereby approves a Commercial Design Review, a
Growth Management Review for Mixed-Use Development, a Growth Management Review
for Free-Market Residential Units in a Mixed Use Development, a Growth Management
Review for Affordable Housing, and recommending that City Council approve Multi-Year
Development Allotments, and Subdivision for the development of a three-story, mixed use
building on Lots D-I, Block 100, City and Townsite of Aspen, subject to the conditions
contained herein.
Section 2: Subdivision/PUD Plat and Aereement
The Applicant shall record a subdivision agreement that meets the requirements of Land
Use Code Section 26.480 within 180 days of approval. Additionally, a final subdivision
plat shall be recorded in the Pitkin County Clerk and Recorder's Office within 180 days
of the final approval and shall include the following:
a. A final plat meeting the requirements of the City Engineer and showing: the
proposed building footprint, easements, encroachment agreements and licenses
(with the reception numbers) for physical improvements, and location of utility
pedestals.
Section 3: Bnildine Permit Application
The building permit application shall include the following:
a. A copy ofthe 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 tree removal permit as required by the City Parks Department and any approval
from the Parks Department Director for off-site replacement or mitigation of any
removed trees. The tree removal permit application shall be accompanied by a
detailed landscape plan indicating which trees are to be removed and new plantings
proposed on the site.
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e. A drainage plan, including an erosion control plan and snow storage runoff 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.
f. A final construction management plan pursuant to the requirements described in
Section 6 of this resolution.
g. A fugitive dust control plan to be reviewed and approved by the Engineering
Department.
h. An excavation/stabilization plan prepared by a licensed Engineer.
1. Proof of energy efficiency requirement being placed on the property.
Section 4: Dimensional Requirements
The dimensional requirements approved for this development are as follows:
Minimum Lot Size
Minimum Lot Width
Minimum Lot Area
Per Dwellin Unit
Minimum Front
Yard Setback
Minimum Side Yard
Setback
Minimum Rear Yard
Setback
Maximum Height
Allowable External
FAR
Minimum Off-Street
Parkin
Open
Space/Pedestrian
Amenit
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18,000 SF
100 Feet
1 Unit per 1,000 SF of
Lot Area
Adjacent to Hyman- 0
Feet
Adjacent to Spring SI.-
o Feet
o Feet
o Feet
42 Feet
Total- 2.58: I
Cornmercial- 1.2: 1
FM Multi-famil - .6:1
Total: 47 Spaces
Pro osed On-site
10% (1,800 SF) .
provided by paymg
cash-in-lieu
JANICE K VOS CAUDILL PITKIN COUNTY CO R 41.00
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Section 5: Open Space/Pedestrian Amenity
The property is required to either provide open space satisfying the definition open
space/pedestrian amenity equal to 10% of the property or pay cash-in-lieu thereof. If
providing cash-in-lieu, cash-in-lieu shall be provided in full based on the calculation
methodology set forth in Land Use Code Section 26.575.030, Pedestrian Amenity.
Section 6: Constrnction Manaeement
A construction management plan shall be submitted with the building permit application
that meets the requirements of the current "Components of a Construction Management
Plan" handout that is available in the City o~ Aspen Building Department. The
construction management plan shall include at a minimum, a construction parking plan, a
construction staging and phasing plan, a construction worker transportation plan, a plan
for accepting major construction-related deliveries with estimated delivery schedule, the
designation of haul routes, and an agreement with the City to participate with other
neighboring developments under construction to limit the impacts of construction. This
agreement shall be prepared by the developer and accepted by the Community
Development Director.
As part of the construction management plan, the developer shall agree to require all
dump trucks hauling to and from the site to cover their loads and meet the emission
requirements of the Colorado Smoking Vehicle Law. Any regulations regarding
construction management that may be adopted by the City of Aspen prior to application
for a building permit for this project shall be applicable.
The construction management plan shall also include a fugitive dust control plan to be
reviewed by the City Engineering Department that includes watering of disturbed areas
(including haul routes, where necessary), perimeter silt fencing, as-needed cleaning of
adjacent right-of-ways, and a representation that the City has the ability to request
additional measures to prevent a nuisance during construction. A temporary
encroachment license is required for use of the City's right-of-way for construction
purposes.
The Applicant shall also provide phone contact information for on-site project
management to address construction impacts to: The City of Aspen, the Victorian Square
Condominiums, the owners of the Hannah Dustin Building, the Chateau Aspen
Condominiums, and the owners of the Hunter Plaza Building.
Section 7: Pre-Construction Meetine
The Applicant shall conduct a pre-construction meeting with the City Community
Development Staff prior to submittal for a building permit application. This meeting
shall include the general contractor, the architect producing the construction drawings,
the Community Development Engineer, a representative of the City Building
Department, and the Community Development Department's case planner.
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JRNICE K VOS CAUDILL PITKIN COUNTY CO R 41.00 0 0.00
Section 8: Fire Mitieation
The Applicant shall install a fire sprinkler system and alarm system that meets the
requirements of the Fire Marshall. The water service line shall be sized appropriately to
accommodate the required Fire Sprinkler System.
Section 9: 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. The Applicant shall also enter into a water service agreement with the City
and complete a common service line agreement for the residential units. Each residential
unit shall have an individual water meters. A single water service line penetration into
the building shall be allowed. The Applicant shall abandon the existing water service
line and excavate it prior to installation of a new water service line.
Section 10: Aspen Consolidated Sanitation District Requirements
The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and
regulations. The Applicant shall fund the replacement of 300 feet the main sewer line
located in the alley adjacent to the project. No clear water connections (roof, foundation,
perimeter drains) to ACSD lines shall be allowed. The driveway entrance drains shall
drain to drywells and elevator shaft drains shall drain through an oil and sand separator.
One tap to the main sanitary line is allowed. No soil nails shall be allowed in the public
right-of-way above ACSD main sewer lines. The Applicant shall enter into a shared
service line agreement. Glycol and snowmelt shall have containment areas approved by
the Aspen Consolidated Sanitation District. Service lines being abandoned shall be
abandoned from the main sewer line and excavated.
Section 11: Electrical Department ReQnirements
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 redevelopment. If a new supplemental transformer is
required to be installed on the snbject 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. If after the subdivision plat is recorded and in
the event an easement is required, then the Community Development Director shall
review and approve the easement on the condominium plat.
Section 12: Enerev Efficiencv
The development shall exceed the 2006 International Energy Conservation Code (IECC)
requirements for energy usage by 50%. An energy audit shall be conducted on the
development at the property owner's expense after three (3) years of occupancy. The
energy audit shall be conducted by an energy consultant selected by the City of Aspen
Building Department. If the audit determines that the development does not exceed the
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JANICE K vas CAUDILL PITKIN COUNTY CO R 41.00 0 0.00
2006 IECC requirements for energy usage by 50% or more, then the building shall be
upgraded to meet this requirement.
Prior to the building's occupation, a the building shall be commissioned to determine the
energy efficiency prior to use. This shall be conducted by an energy consultant selected
by the City of Aspen Building Department and shall be conducted at the expense of the
Applicant.
Section 13: Growth Manaeement Implications and Emplovee Honsine Mitieation
The Applicant shall provide twelve (12) deed-restricted, two-bedroom affordable housing
units, to fully mitigate for the 25.9 full time employees (FTEs) required to be mitigated
for. The affordable housing units shall also contain 13,960 square feet of floor area as
was proposed in the application.
Section 14: Mfordable Honsine
The Applicant shall record a deed restriction on each of the twelve (12) affordable
housing units in conjunction with filing a condominium plat for the property and prior to
issuance of a certificate of occupancy on the affordable housing units. Six (6) of the
affordable housing units shall be Category 3 units and six (6) of the affordable housing
units shall be Category 4 units. All of the affordable housing units shall be "for sale"
units and sold through the APCHA lottery process. A separate Homeowner's
Association shall be established for the affordable housing units. The affordable housing
homeowners' association dues shall be a percentage of the free-market residential
development's dues equal to the affordable housing's market value compared to that of
the free-market residential component's market value in the complex.
Section 15: Landscapine
The Applicant shall submit a detailed landscaping plan as part of the building permit
application. This landscaping plan shall include a plan for right-of-way landscaping and
irrigation. The plan shall also include a parkway landscaping strip adjacent to all abutting
public streets of at least five (5) feet in width. Appropriate street tree plantings are required
along all streets adjacent to the property and shall be spaced according to the
recommendation of the City of Aspen Parks Department.
Section 16: Sidewalk. Curb. and Gntter
Existing sidewalk, curb, and gutter adjacent to the project shall be replaced and upgraded to
meet the City Engineer's design requirements. The sidewalk locations shall be in
substantially the same location as is depicted on the site plan in the subdivision application.
If the adjacent sidewalks are to be snowmelted, the Applicant shall also snowmelt the curb
and gutter adjacent to the property.
Section 17: Park Development Impact Fees
Park Development Impact Fees shall be assessed at the time of building permit issuance
on both the new residential bedrooms and the commerciaVoffice space to be added to the
subject properties pursuant to Land Use Code Section 26.610, Park Development Impact
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JI=INICE K VOS CRUDILL PITKIN COUNTY CO R 41.00 D 0.00
Fees. The Park Development Impact Fees shall be calculated by the City of Aspen
Zoning Officer using the fee schedule in place at the time of building permit issuance.
Section 18: School Land Dedication Fees
School Land Dedication Fees shall be assessed on the proposal at the time of building
permit issuance pursuant to Land Use Code Section 26.630, School Lands Dedication,
because subdivision approval is required for the development of the multi-family
residential units per the definition of subdivision in the land use code. The school lands
dedication fees shall be calculated by the City of Aspen Zoning Officer using the fee
schedule in place at the time of building permit issuance.
Section 19: Impact Fees
All impact fees in effect at the time of building permit, as applicable, shall be paid prior
to the issuance of a building permit.
Section 20: Exterior Liehtine
All exterior lighting shall meet the City's Lighting Code Requirements pursuant to Land
Use Code Section 26.575.150, Outdoor Lighting.
Section 21: Wildlife Trash Containers
The Applicant shall install a wildlife-proof trash container that meets the requirements of
the Environmental Health Department.
Section 22: Food Service Facilities
Food service plans meeting the requirements of the City of Aspen Environmental Health
Department shall be submitted and approved prior to serving food and prior to obtaining a
Colorado Food Service License for any of the commercial space that is to be used as
restaurant space. An oil and grease interceptor approved by the Aspen Consolidated
Sanitation District shall be installed in any space that is to be used as a restaurant.
Section 23: Off-Street Parkine
The Applicant shall provide forty-seven (47) sub-grade parking spaces to be accessed from
the alleyway. The affordable housing units shall each have one (1) dedicated parking space
in the below grade garage. The remaining spaces shall be for use by the free-market units,
and the commercial/office space. At no time shall the parking structure or spaces be
condominiumized other than to delineate ownership of parking spaces for the owners of the
residential units and commercial/office space within the subject building.
Section 24: Development Timine
The Applicant shall obtain a certificate of occupancy on all of the affordable housing units
prior to obtaining a certificate of occupancy on any other part of the building.
Section 25:
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
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JRNICE K vas CAUDILL PITKIN COUNTY CO R 41.00
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 26:
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 27:
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 by a~to
~{'J (ji-Q) vote on this 5th day of September, 2006.
APPROVED AS TO FORM:
PLANNING AND ZONING
COMMISSION:
D;) ~
J~ff:~~
Ruth Kru<1 €..(' \lIce -Chci i y-
.J )
ATTEST:
1
t'ackie Lothia
, Deputy City Clerk
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