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Home My WebLink Aboutresolution.apz.006-07 RESOLUTION NO.6 (SERIES OF 2007) RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING WITH CONDITIONS THREE GROWTH MANAGEMENT REVIEWS, SPECIAL REVIEW, AND RECOMMENDING CITY COUNCIL APPROVE WITH CONDITIONS SUBDIVISION AND COMDOMINIUMIZATION FOR 508 E. COOPER AVENUE, LOTS L, M, N, BLOCK 95, CITY AND TOWNSITE OF ASPEN, CO, PITKIN COUNTY, COLORADO PARCEL NO. 2737-182-24-007 WHEREAS, the Community Development Department received an application from Joshua Saslove, represented by Haas Land Planning, LLC, requesting approval of three (3) Growth Management Reviews, Subdivision Review, and Special Review to construct a mixed-use building consisting of 4,263 square feet of commercial space, and one free-market residential unit; and, WHEREAS, the Applicant received Commercial Design Review Approval from the Historic Preservation Commission on July 12, 2006; and, WHEREAS, the subject property is zoned CC (Commercial Core); and, WHEREAS, upon review ofthe 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 March 6,2007, the Planning and Zoning Commission opened and continued the public hearing to April 3, 2007; and WHEREAS, during a duly noticed public hearing on March 8, 2007, the Planning and Zoning Commission made a motion to reconsider the continuance date, and WHEREAS, during a duly noticed public hearing on March 8, 2007, the Planning and Zoning Commission continued the public hearing to March 20, 2007; and WHEREAS, during a duly noticed public hearing on March 20, 2007, the Planning and Zoning Commission continued the public hearing to May I, 2007; and WHEREAS, during a duly noticed public hearing on May I, 2007, the Planning and Zoning Commission approved Resolution No.006, Series of 2007, by a three to one (3-1) vote, approving three Growth Management Reviews for the development of a mixed-use building that includes commercial space, and free market housing, Special Review, and recommending that City Council approve with conditions the proposed subdivision and condominiumization to construct a mixed-use building consisting of one (I) free-market residential unit and 4,263 square feet of commercial space located on the property at 508 E. Cooper Ave, Lots L, M, N, Block 95, 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 finds that the development proposal meets or exceeds all applicable development standards and that the approval of the Zo Qu I- . _ ::l,., .. ..J- .... os o mo ~ wu co O:::c Q CLI'- - "'0;$ co 0 .- o U c..~ t? u= (Q 0'- ~ c-g ... 0" '" oU ..;.: ~cn ,... ~M 0 Z:JE....> Q <( ~ . I-...~ll:: 0.. M ~ CLI LU';";CDU (J "It u. ,- w.;..;o; 0::::_.......-, 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, Special Review to vary the dimensional requirements for the utility/trash/recycling area, all in order to construct a mixed-use building consisting of one (I) free-market residential unit and 4,263 square feet of commercial space located on the property at 508 E. Cooper Ave, Lots L, M, N, Block 95, City and Townsite of Aspen, CO. The use mix and dimensional requirements shall comply with the CC zone district, as described in the staff memorandum and included in the chart below. Specific square footage requirements may be amended provided compliance with the CC zone district is maintained. Minimum Lot Size Minimum Lot Width Minimum Lot ArealDwelling Minimum Front Yard Setback Minimum Side Yard Setback Minimum Rear Yard Setback 2,842 sq. f1. No requirement 37 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 42 feet for all areas of the property. 46 feet for areas setback 15 or more feet from lot lines adjoining a Street right-of-way. No requirement Maximum Height Building: 34 Feet along Cooper Ave 44 Feet for top floor (setback from pro erty line) N/A Minimum Distance between Buildings on Lot Pedestrian Amenit S Cash-in-Lieu fee of$50 per 1000 s uare feet = $14,21 Of or this lot Pursuant to Section 26.575.030, Pedestrian Amenity 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. 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: Buildinl! Permit Application The building permit application shall include the following: a. A copy ofthe final Ordinance, P&Z Resolution, and HPC 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. 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 CMP 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. 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 September 2006, 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/Utility Service Area The trash containers shall be wildlife proof and meet the Certificate of Appropriateness regulations pertaining to size and security. The trash/utility area shall have an alley frontage of nine and a half (9.5) linear feet with a ten (10) foot vertical clearance, and seventeen and a half (17.5) feet in depth, as identified in theplalls approved through Special Review by the Planning and Zoning Commission on MaYl,2007. 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 Housin!! The affordable housing mitigation requirement shall be satisfied with a payment of cash-in- lieu for 12.6 square feet of affordable housing at the Category 4 level. The cash-in-lieu shall be paid at the time of building permit and shall be earmarked for APCHA's use to "buy down" existing deed-restricted units or proposed deed-restricted units to lower categories. Section 8: Off Street Parkin!! The Applicant shall provide two (2) off street parking spaces on the adjacent property to the east to be used as parking for 508 East Cooper. 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 Cqde) 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 10: 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 establishments; 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 if food 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 (if any) must be designed to prohibit and discharge of glycol to any portion of the public and private sanitary sewer system. Any 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 11: 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. Section 12: Landsca~inl!. The.....follo .jllg..C<?~di~()IlS.sq. y....to..aIl)'...affe.ct~.<streeftre<:s.(jrytrees..l()()ated...on ~ja property affected nstrt1ctioll. 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 tree protection zones. b. Prior to issuance of any demolition or building permits, tree removal will be approved by the Parks Department. Mitigation for removals shall be satisfied through planting of street trees adjacent to the site or through payment of cash in lieu. 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 adjacent properties. Section 13: 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, in place at the time of building permit. Section 14: 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 ten percent of the lot area prior to building permit issuance. The fee is assessed based on the following calculation: Lot area = 2,842 square feet 10% of Lot Area = 284.2 square feet Payment = $50 x 284.2 square feet Pedestrian Amenity Cash-in-Lieu = $14,210.00 Section 15: 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. Section16: 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 1st day of May, 2007. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: ~~. Ruth Kruger, Cha' fi,:. -~~""'I ATTEST: \..1 U; .' ckie Lothian, beputy City Clerk G:lcityVessicaICases\Cooper Street PierIP&Z\StaffPZ Reso5.1.07.doc