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Home My WebLink Aboutresolution.apz.01-2018 RECEPTION#: 645635, R: $58.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 10,03/05/2018 at 02:13:33 PM Janice K. Vos Caudill, Pitkin County, CO RESOLUTION NO. 1 (SERIES OF 2018) A RESOLUTION OF THE ASPEN PLANNING & ZONING COMMISSION GRANTING FINAL COMMERCIAL DESIGN REVIEW APPROVAL AND A GROWTH MANAGEMENT AMENDMENT FOR THE PROPERTY LOCATED AT LOTS R AND S, BLOCK 74, CITY AND TOWNSITE OF ASPEN, COMMONLY KNOWN AS 230 E. HOPKINS AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel/D: 2 73 70 7328008 WHEREAS, the Community Development Department received an application from 360 Hexagon LLC (Applicant) represented by Stan Clauson Associates, Inc., requesting the Planning and Zoning Commission approve Final Commercial Design Review and a Growth Management Amendment for 230 E. Hopkins Avenue; and, WHEREAS, all code citation references are to the City of Aspen Land Use Code in effect on the day of initial application—March 15, 2016, as applicable to this project; and, WHEREAS, pursuant to Subsection 26.412.030, the Planning and Zoning Commission may approve, disapprove, approve with conditions, or continue an application for Final Commercial Design Review at a duly noticed public hearing: and, WHEREAS, pursuant to Subsection 26.470.140.A, an insubstantial amendment to an approved growth management development order may be authorized by the Community Development Director: and, WHEREAS, pursuant to Subsection 26.304.060.13, an application where more than one development approval is being sought simultaneously may be combined or modified whenever the Community Development Director determines, in consultation with the applicant, that such combination or modification would eliminate or reduce duplication and ensure economy of time, expense, and clarity; and, WHEREAS, upon initial review of the application and the applicable code requirements, the Aspen Community Development Department recommended approval with conditions; and, WHEREAS, all required public noticing was provided as evidenced by an affidavit of public noticing submitted to the record, and the public was provided full access to review the Application; and, WHEREAS, the Planning & Zoning Commission reviewed the Application at a duly noticed public hearing on February 6, 2018, during which the recommendations of the 230 E. Hopkins Ave Planning& Zoning Commission Resolution No. I. Series 2018 Page I of 10 Community Development Director and comments from the public were heard by the Planning & Zoning Commission, and approved the project with conditions by a vote of four to zero (4—0). NOW, THEREFORE BE IT RESOLVED BY THE PLANNING & ZONING COMMISSION OF THE CITY OF ASPEN,COLORADO THAT: Section 1: Final Commercial Design Review Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves Final Commercial Design Review for the proposed project. Elevations and floor plans representing the approved design are attached as Exhibits A & B. Section l: Growth Management Amendment Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code. the Planning and Zoning Commission hereby approves amendments to the Growth Management approval that was granted on July 19, 2016 via P&Z Resolution No. 5. Series of 2016. The following Growth Management approvals shall replace those granted pursuant to Section 7 of Resolution No. 5. Series of 2016. 2.1 Growth Management Allotments. a) One free-market residential unit is approved from the 2016 Growth Management Allotments. 2.2 Affordable Housing Mitigation Requirements. a) The addition of one free-market unit measuring approximately 2,313 sq. ft. net livable area requires the applicant to provide 694 sq. ft. net livable area in affordable housing mitigation, or 1.73 Full Time Equivalents (FTEs), using the following calculation: Mitigation requirement = 2.313 sq.ft. offr•ee-market net livable/30% = 694 sq.ft. Conversion to FTEs = 694 sq.ft. /400 sq.ft. = 1.73 FTEs The Applicant may provide Certificates of Affordable Housing Credit as mitigation for the required 1.73 FTEs. Certificates of Affordable Housing Credit shall be extinguished per Chapter 26.540 of the Land Use Code prior to issuance of a building permit. The Applicant shall be required to extinguish a Transferable Development Right (TDR) certificate on this site for the free-market residential unit. The TDR certificate shall be extinguished prior to issuance of a building permit, pursuant to Section 26.535.080. b) The existing development provides a net leasable reconstruction credit of 5,699 sq. ft., or 23.16 FTEs as calculated below: Basement: 1,317 sq. ft. / 1,000 sq. ft. = 1.317 (4.7 FTEs x 0.75) = 4.64 FTEs Ground Floor: 2,711 sq. ft. / 1,000 sq. ft. = 2.711 (4.7 FTEs) = 12.74 FTEs Upper Floor: 1,641 sq. ft. / 1,000 sq. ft. = 1.641 (4.7 FTEs x 0.75) = 5.78 FTEs, Total =4.64 + 12.74 + 5.78 = 23.16 FTEs 230 E. Hopkins Ave Planning& Zoning Commission Resolution No. 1. Series 2018 Page 2 of 10 The proposed development includes 4,892 sq. ft. of net leasable area, or 19.94 FTEs as calculated below: Basement: 1.923 sq. ft. / 1,000 sq. ft. = 1.923 (4.7 FTEs x 0.75) = 6.78 FTEs Ground Floor: 2,292 sq. ft. / 1,000 sq. ft. = 2.292 (4.7 FTEs) = 10.77 FTEs Upper Floor: 677 sq. ft. / 1.000 sq. ft. = 0.677 (4.7 FTEs x 0.75) —.2.39 FTEs Total = 6.78 + 10.77 + 2.39 = 19.94 FTEs Under this approval, affordable housing mitigation is not required for the commercial net leasable floor area associated with the site, provided the FTEs generated by the proposed net leasable do not exceed the reconstruction credit. Any reconstruction credit shall be valid for one (1) year following issuance of a demolition permit, pursuant to Chapter 26.470.130. Section 3: Public Amenity This Section shall replace Section 4 of P&Z Resolution No. 5, Series of 2016 in its entirety. The Applicant is required to provide no less than 10% of the lot size in public amenity, or 600 sq. ft. The Planning and Zoning Commission has approved 586 sq. ft. (9.8%) of public amenity on-site in the form of landscaped open space along the building's Monarch St. fapade, and as a paved walkway to the entrances along both E. Hopkins Ave and S. Monarch St. The Applicant is also approved to provide 557 sq. ft. (9.3%) of public amenity off-site, directly adjacent to the site along Hopkins Ave., between the street and the sidewalk, in the form of landscape improvements. The on- and off-site public amenity combined equals 1143 sq. ft. (19.1%), and is represented in Exhibit C. Section 4• All approvals and conditions contained in P&Z Resolution No. 5, Series of 2016 not modified within this Resolution remain valid. Section 5: 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 Community Development Department or the Planning and Zoning Commission are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions or an authorized authority. Section 6• 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. 230 E. Hopkins Ave Planning&Zoning Commission Resolution No. 1. Series 2018 Page 3 of 10 Section 7: 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. FINALLY, adopted, passed and approved this 6th day of February, 2018. Approved as to form: Approved as to content: me, City Attorney Ran Walterscheid, Acting Chair Attest: �!®� Nicole Henning, Deputy City Clerk Attachments Exhibit —Elevations Exhibit B—Floor Plans Exhibit C—Public Amenity 230 E. Hopkins Ave Planning R Zoning Commission Resolution No. I,Series 2018 Page 4 of 10 EXH/B/T A I . 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Series 2018 Page 7 of 10 ice-,-- II I i Till. p—i _ R i -- + - i T,�• f �;`I`_ I jai •151 { 61 I I I I I I I �I + 230 E. Hopkins Ave Planning&Zoning Commission Resolution No. 1. Series 2018 Page 8 of 10 $f - _ I s I I i I 1 _ —1 ' ---- -- I !I Ii iI s — — ---1 t 4, I IIS 4 . — g � Y t Ii I �'• �{ I I I I I I I of 230 E. Hopkins Ave Planning&Zoning Commission Resolution No. 1. Series 2018 Page 9 of 10 EMIMIT C / o a \ s �--- _-------------------- _ _ _----.-----._______,A I IC NN, S = \ e a \\ \ e pp 9 t 3 § 1 O I e gA I - - 12 ----------------- g �.\ 230 E. Hopkins Ave Planning&Zoning Commission Resolution No. I. Series 2018 Page 10 of 10