HomeMy WebLinkAboutLand Use Case.501 W Main St.A089-02
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CASE NUMBER
PARCEL ID #
CASE NAME
PROJECT ADDRESS
PLANNER
CASE TYPE
OWNER/APPLICANT
REPRESENTATIVE
DATE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
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A089-02
2735-124-49001
Christiana Insubstantial PUD Amendment
501 W Main St.
James Lindt
Insubstantial PUD Amendment
Austin Lawrence Partners
Shaw Construction
10/23/02
Approved
10/24/02
J, Lindt
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MEMORANDUM
TO:
Julie Ann Woods, Community Development Director
FROM:
James Lindt, Planner
RE:
501 W, Main St, Christiania PUD-Insuhstantial PUD Amendment
DATE:
October 18, 2002
SUMMARY:
Shaw Construction, representing 501 West Main Street LLC, is requesting an
insubstantial amendment to the approved Christiania PUD to allow for the
easternmost building to be constructed four (4) feet north of it's location as was
sho'MI on the site plan that City Council approved, The Community
Development Director may approve, approve with conditions, or deny an
insubstantial amendment request to an approved PUD pursuant to Land Use Code
Section 26.445,100, PUD Insubstantial Amendments,
The applicant is requesting the proposed amendment because the footers for the
structure would encroach into the alley if it were constructed to the approved site
plan, Staff believes that the applicant may construct the structure four (4) feet to
the north of it's approved location as is requested, without encroaching into the
required five (5) foot front yard setback that was established through the PUD.
The approved site plan locates the easternmost building approximately fifteen (15)
feet from the property line that abuts Main Street. Therefore, moving the
structure to the north by four (4) feet would locate the exterior wall of the
structure eleven (11) feet from the property line, Thus, the proposal will still meet
the required five (5) setback requirement that was established in Ordinance No.
27, Series of2001.
Staff fmds that the proposal meets the review standards for approving an
insubstantial amendment to an approved PUD pursuant to Land Use Code Section
26.445.100, The Planning Staff has reviewed this proposal and recommends that
the Community Development Director approve the PUD amendment to allow for
the location of the easternmost structure in the Christiania PUD to be four (4) feet
north of it's location on the approved site plan and final PUD plans,
APPLICANT:
501 West Main Street LLC, represented by Shaw Construction.
LOCATION: ,
Christiania PUD, 501 W. Main St.
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ZONING:
OfficeILP /PUD
REVIEW PROCEDURE:
Insubstantial amendments to an approved PUD may be approved by the Community
Development Director, pursuant to Land Use Code Section 26.445,100, Amendment
of PUD Development Order,
STAFF COMMENTS:
Review criteria and Staff Findings have been included as Exhibit "A", City Council
Ordinance No, 27, Series of2001 is attached as Exhibit "B",
RECOMMENDATION:
Staff recommends the Community Development Director approve this Insubstantial
PUD Amendment to allow for the location of the easternmost structure in the
Christiania PUD to be four (4) feet north of it's location on the approved site plan and
final PUD plans,
APPROVAL:
I hereby approve this Insubstantial Amendment to the Christiania POO to allow for
the location of the easternmost structure in the Christiania PUD to be four (4) feet
north of it's location on the approved site plan and final PUD plans,
~ date Ie /~-'/':>2.-
Jur Ann Woods, Community Development Director
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Findings
Exhibit B -- City Council Ordinance No, 27, Series of2001
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Exhibit A
Review Criteria & Staff Findings
Insubstantial PUD Amendment.
The Community Development Director may approve an amendment to an approved PUD
if the proposal meets the following review standards,
], A change in the use or character of the development,
Staff Finding:
Staff does not believe that the proposal will change the use or the character of the
structure, The structure will remain in conformance with the five (5) foot front
yard setback requirement that was established in the Christiania PUD, Staff finds
this criterion to be met
2, An increase by greater than three (3) percent in the overall coverage of structures on
the land.
Staff Finding:
The proposed PUD Amendment will not change the land coverage of structures
within the PUD, Staff finds that this criterion does not apply,
3, Any amendment that substantially increases trip generation rates of the proposed
development, or the demand for public facilities,
Staff Finding:
The proposal is not adding to the approved density or floor area, therefore, Staff
does not feel that there will be an increase in trip generation or an additional
demand on public facilities, Staff finds this criterion to be met
4, A reduction by greater than three (3) percent of the approved open space,
Staff Finding:
The amount of open space will not be affected by the proposed amendment Staff
[rods that this criterion does not apply,
5, A reduction by greater than one (1) percent of the off-street parking and loading
space,
Staff Finding:
The applicant is not requesting an amendment to the existing or required number
of parking spaces, Staff finds that this criterion does not apply,
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6, A reduction in required pavement widths or rights-ol-way for streets and easements,
Staff Finding:
The applicant is not proposing changes to right-of-way widths, Staff finds that
this criterion does not apply,
7, An increase of greater than two (2) percent in the approved gross leasable floor area
of commercial buildings,
Staff Finding:
The applicant is not proposing changes to the gross leasable floor area of
commercial buildings, Staff finds that this criterion does not apply,
8, An increase by greater than one (1) percent in the approved residential density of the
development.
Staff Finding:
The applicant is not proposing a change in the residential density, Staff finds that
this criterion does not apply,
9, Any change which is inconsistent with a condition or representation of the projects
original approval or which requires granting a fUrther variation from the projects
approved use or dimensional requirements,
Staff Finding:
Staff does not believe that allowing for the eastemmost building in the PUD to be
constructed four (4) feet north of it's location on the approved site plan and final
PUD plans is inconsistent with a condition of the project's approval. The front
yard setback requirement that was established in the PUD is five (5) feet The
proposal will allow for the structure to be setback approximately eleven (II) feet
Thus, the proposal is still in conformance with the required dimensional
requirements, Staff finds this criterion to be met
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ORDINANCE NO. 27, (SERIES OF 2001)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE MINOR
PLANNED UNIT DEVELOPMENT FOR THE CHRISTIANIA LODGE, A
PROPERTY LOCATED AT 501 WEST MAIN STREET, LOTS A-I, BLOCK 31,
CITY AND TOWNSITE OF ASPEN, COLORADO
ParcelID: 2735-124-49-001
WHEREAS, the applicant, 501 West Main, LLC/ Austin Lawrence Partners,
LLC, represented by Mitch Haas, requests approval for a Minor Planned Unit
Development for the Christiania Lodge located at 501 West Main Street, Lots A _ I,
Block 31, City and Townsite of Aspen; and
WHEREAS, the property is currently listed on the City of Aspen's Inventory of
Historical Sites and Structures; and
WHEREAS, the Community Development Department determined the Minor
Planned Unit Development for the Christiania Lodge, a property located at 501 West
Main Street, Lots A-I, Block 31, City and Townsite of Aspen met the applicable review
standards, and recommended approval with conditions; and
WHEREAS, at a public hearing, which was legally noticed and held at a regular
meeting of the Historic Preservation Commission on March 28th, 2001, at which time the
HPC considered and found the application to meet the review standards, and approved 1)
an On-site Relocation of two pan-abodes and the Callahan Cabin; 2) the Demolition of
the existing main lodge building on the comer of Fourth and Main Streets, the existing
fourplex and duplex located at the back of the site on the alley, and a one-story dark
brown structure located on the comer of 5tl1 and Main Streets; and 3) the Construction of
a new triplex, duplex, two fourplexes and a main lodge structure for the Christiania
Lodge with conditions by a vote of five to zero (5 to 0); and
WHEREAS, at a public hearing, which was legally noticed and held at a regular
meeting of the Planning and Zoning Commission on June 26, 2001, at which time the
Commission considered and found the application to meet the review standards, and
approved a Conditional Use for the provision of three affordable housing units and
Growth Management Quota System (GMQS) Exemptions for Lodge Preservation and
affordable housing and recommended approval to City Council for the Minor Planned
Unit Development with conditions by a vote of four to zero (4 to 0); and
WHEREAS, the City of Aspen City Council has reviewed and considered the
development proposal under the applicable provisions of the Municipal Code as identified
herein, has reviewed and considered the recommendation of the Community Development
Director, the applicable referral agencies, and has taken and considered public comment at a
public hearing; and
WHEREAS, the City of Aspen City Council finds that the development proposal
meets or exceeds all applicable development standards and that the approval of the
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development proposal, with conditions, is consistent with the goals and elements of the
Aspen Area Community Plan; and,
WHEREAS, at a public hearing, which was legally noticed and held at a regular
meeting of the City of Aspen City Council on August 27th, 2001, at which time the City
Council considered and found the application to meet the review standards, and approved
a Minor Planned Unit Development with conditions by a vote of five to zero (5 to 0); and
WHEREAS, the City of Aspen City Council finds that this Resolution furthers and
is necessary for the promotion of public health, safety, and welfare,
NOW, THEREFORE, BE IT ORDAINED BY THE ASPEN CITY COUNCIL AS
FOLLOWS:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the request for a Minor Planned Unit Development for the Christiania Lodge is hereby
approved with the following conditions:
1) The Applicant shall provide priority to the occupants of the three affordable housing
units for a total of three designated parking spaces of the 10 spaces to be located off
the alley, In the event those occupants of the deed restricted affordable housing units
do not use those spaces, they shall remain available to general use of the Christiania
Lodge guests;
2) That, the Applicant shall pay the appropriate Street Impact Fees to the City of Aspen
for excessive wear to the streets caused by construction traffic, to be determined by
the Engineering Department;
3) That the Applicant shall be required to provide a pedestrian access way from Main
Street southward to the alley along 4th Street in front of current head in parking;
4) That the Applicant shall notify the state prior to remodel, expansion or demolition of
any buildings, including removal of drywall, carpet, tile, etc" and a licensed asbestos
inspector must conduct an inspection, If there is no asbestos, the demolition can
proceed, If asbestos is present, a state licensed asbestos removal contractor must
remove it. The Applicant shall report these findings to the Environmental Health
Department and Building Department prior to the issuance of demolition and building
permits;
5) That the Applicant shall submit a more detailed tree plan that will include tree
diameters and species, In addition, the Applicant shall clarify the surface of the
"paths" within drip lines and provide an excavation plan to the City Parks Department
for their review and approval prior to the application for building permit;
6) The Applicant shall install tree saving construction fences around the drip line of the
trees;
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7) The Applicant shall not plant low shrubs or evergreen trees in the 5th Street right-of-
way, The Applicant shall consult with the Parks Department as to a more traditional
streetscape plan, In addition, the Applicant shall install a root barrier system in order
to keep roots away from the sidewalk to prevent up lifting as required by the Parks
and Engineering Department;
8) The Applicant shall comply with the varied dimensional requirements of the Office
Zone District as approved by the Minor Planned Unit Development presented below,
These dimensional requirements shall also be printed on the final building permit plan
set.
Minimum Lot Size (square
feet
Minimum Lot Area per
Dwellin Unit
Maximum Allowable Density
Minimum Lot Width
27,000
N/A
I lodge / res, bedroom per 770 sq, ft, of
lot area
60 feet
9) The Applicant shall convey an undivided fractional interest (one tenth of 0,01 %) in
the ownership of the deed restricted affordable housing to the AspenlPitkin County
Housing Authority for the purposes of complying with the recent Colorado Supreme
Court Decision regarding rent control legislation, The Applicant may submit an
alternative option to satisfy the rent control issue acceptable to the City Attorney,
10) The Applicant shall indemnify and hold harmless the AspenlPitkin County Housing
Authority and City of Aspen from any claims, liability, fees or similar charges related
to ownership in the deed restricted affordable housing units,
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11) The Applicant shall design and install an internal sewer service system with a
manhole connection to the District's main in the alley as required by the Aspen
Consolidated Sanitation District;
12) The Applicant shall fully comply with Section 26,445,070 Recording a Final POO
Development Plan of the Land Use Code regarding the following:
~ Unless otherwise specified in the City Council Ordinance granting final
approval of a POO, all necessary documents, as applicable, shall be recorded
within one-hundred-and-eighty (180) days of the adoption date of the final
Ordinance,
~ The final development plan, which shall consist, as applicable, of final plats,
drawings, and agreements as described below shall be recorded in the office
of the Pitkin County Clerk and Recorder, and shall be binding upon the
property owners subject to the development order, their Successors and
assigns, and shall constitute the development regnlations for the property,
~ Unless otherwise specified in the final Ordinance, the final POO development
plans for recording shall include the following:
o Final Plat.
o Illustrative Site Plan,
o Architectural Character Plan,
o Landscape Plan,
~ The Applicant shall file a "Notice ofPOO Designation" (See Section
26,445,080) with the Clerk and Recorder's office of Pitkin County, Colorado,
Section 2:
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 City of Aspen City Council, are hereby incorporated in
such plan developmen,t approvals and the same shall be complied with as if fully set forth
herein, unless amended by an authorized entity,
Section 3:
This Ordinance 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 4:
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
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shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof,
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council,qfthe City of Aspen on this 23m day ofJuly, 2001.
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,~~ry~L Y, adopt~, passed and approved this 27th Day of August, 2001,
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~~:p.proved as to form:
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Jo~rcestor, CIty Attorney
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