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HomeMy WebLinkAboutresolution.apz.018-07 A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING WITH CONDITIONS TWO GROWTH MANAGEMENT REVIEWS, AND RECOMMENDING CITY COUNCIL APPROVE WITH CONDITIONS SUBDIVISION FOR 308 E. HOPKINS AVENUE, LOTS M AND N, BLOCK 80, CITY AND TOWNSITE OF ASPEN, CO, PITKIN COUNTY, COLORADO PARCEL NO. 2737-073-29-007. RESOLUTION NO. 18 SERIES OF 2007 WHEREAS, the Community Development Department received an application from J. W. Venture, LLC represented by Vann Associates, LLC, requesting approval of two (2) Growth Management Reviews and Subdivision Review to construct a mixed-use building consisting of2,745 square feet of commercial space, 2 free-market residential units and 3 affordable housing units; and, WHEREAS, the Applicant received Commercial Design Review Approval from the Historic Preservation Commission on July 12, 2006; and, WHEREAS, the Applicant received Viewplane Review Approval for a 3 foot 3 inch intrusion into the Hotel Jerome Viewplane from the Historic Preservation Commission on July 12,2006; and, WHEREAS, the subject property is zoned CC (Commercial Core); 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 April 17, 2007, the Planning and Zoning Commission approved Resolution No.18, Series of 2007, by a five to one (5 -1) vote, approving two Growth Management Reviews for the development of a mixed-use building that includes commercial space, free market and affordable housing, recommending that City Council approve with conditions the proposed subdivision to construct a mixed-use building consisting of two (2) free-market residential unit and 2,745 square feet of commercial space located on the property at 308 E. Hopkins Ave, Lots M and N, Block 80, 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 Aspen 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 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 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 for the property located at Lots M and N, Block 80, City and Townsite of Aspen, CO. The use mix and dimensional requirements shall comply with the CC zone district, as included in the chart below. Specific square footage requirements may be amended, pursuant to compliance with the CC zone district. Minimum Lot Size Minimum Lot Width Minimum Lot Area/Dwellin Minimum Front Yard Setback Minimum Side Yard Setback Minimum Rear Yard Setback No requirement 60 Feet No requirement N/A No requirement o Feet No requirement o Feet No requirement o Feet No requirement except trash/utility service area shall be required abutting an alley, pursuant to Section 26.575.060 Maximum Height Building: 35 Feet along Hopkins Ave, measured to the top of the third floor Minimum Distance between Buildings on Lot Pedestrian Ameni S ace N/A No requirement Providing 8% onsite and cash-in- lieu fee for 17% = $51,272 Pursuant to Section 26.575.030, Pedestrian Ameni Section 2: Plat and Aereement 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 plat and agreement that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of such approval. If Subdivision approval is granted by City Council, the final Condominium Plat may be approved and signed by the Community Development Director upon substantial completion of construction. 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 fugitive dust control plan to be reviewed and approved by the City Engineering Department. d. Improvements to the right of way shall include new grass, irrigation, and possibly the replacement of street trees, and shall be approved prior to building permit submittal. e. 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. Staging areas will be identified in the plan, and shall indicate that the alley shall not be closed during construction. No stabilization will be permitted in the City right of way. Storm run off must be addressed. f. A complete geotechnical report and geotechnical design need to be part of the permit submittal plan. g. Accessibility and ADA requirements shall meet adopted Building Code requirements. h. An approved Landscape Plan. Section 4: Dimensional Requirements The building as presented in the plans contained within the application complies with the dimensional requirements of the Commercial Core (CC) zone district. Compliance with these requirements will be verified by the City of Aspen Zoning Officer at the time of building permit submittal. 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 Housine The affordable housing units shall be deed restricted as Category 4 rentals with the capability of converting into ownership units if the owners would request this change or APCHA deems the units out of compliance for a period of more than one year. If the units become "for sale" due to the aforementioned conditions, they will be listed with the Housing Office at Category 4 maximum sales prices. 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. 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 ASCD main sewer lines. J. Applicant's civil engineer will be required to submit existing and proposed flow calculations. Section 10: Exterior Liehtine 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 11: Landscapine 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 any the issuance of any demolition or building permits, tree removal will be approved by the Parks Department. Mitigation for removals will be paid through cash-in-lieu or on site with street trees. c. A formal plan indicating the location of the tree protection will be required for the building permit set. d. 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 adjacent properties. Section 12: Park Development and TDM/Air Oualitv Impact Fee Pursuant to Land Use Code Section 26.610, Impact Fees, the Applicant shall pay a park development impact fee and a TDM/Air Quality impact fee prior to building permit issuance. The fee shall be calculated according to the fee schedule in Land Use Code Section 26.610.09 0, Fee Schedule. Section 13: Pedestrian Amenitv 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 seventeen (17%) percent of the lot area, as the applicant is providing eight percent (8%) on site, prior to building permit issuance. The fee is assessed based on the following calculation: Lot area = 6,032 square feet 17% of Lot Area = 1,025.44 square feet Pavment = $50 x 1025.44 square feet Pedestrian Amenity Cash-in-Lieu = $51,272, 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. Section 15: Reconstruction Credits Deadline Extension The one (1) year deadline for the reconstruction of existing commercial net leasable credits, pursuant to Land Use Code Section 26.470.070.A, is hereby extended to two (2) years to accommodate the projects' additional approval requirements. 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 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 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 17th day of April, 2007. APPROVED AS TO FORM: /1 /'c- - -g-~ " - ~ / Jim True, City Attorney - PLANNING AND ZONING COMMISSION: Ktc6l4/-~' Ruth KruJ, Chair ATTEST: