6
I1
MEMORANDUM
and Aspen City Council
TO Mayor Ireland
FROM Errin Evans Current Planner
Director M
THRU Chris Bendon Community Development v
DATE OF MEMO June 12 2009
MEETING DATE June 22 2009
Jerome Professional Building 201 North Mill Street Vested
RE
Rights Extension
Public Hearing of Resolution No Series of 2009
PROPOSED LAND USE
SUMMARY
The proposes to demolish
the existing
The Applicant requests of the Council to Applicant
vested rights of building and construct a new building containing
approve the extension of
is commercial space three affordable housing
office
an approval The current approval
vested h
through February 4 2011 A units six Free mazket units and sub grade parking
that Council approve an
three year extension would vest the The applicant requests
extension of vested rights
h
approval through February 4
2014 The
consists of demolishing the
project
and COnStrUCting STAFF RECOMMENDATION
existing building
Staff recommends that the Mayor and City Council
office space
commercial sub grade
extend vested rights to
three affordable housing units approve the request to
parking
construct the new building
and six free market units
APPLICANT OWNER
JeromeProfessional Building
Condominium Owners Association
REPRESENTATIVE
Edwazds LLC
Herb Klein Klein Cote
LOCATION
201 North Mill Street Legal Description
Jerome Professional Building Parcel
Identification Numbers 2737
073
17
O10 073
2737
17
028
CURRENT ZONING USE Photo of subject property
Located in Use
the Mixed MU zone
district with a building containing mixed
office and commercial uses
AG V 1JlV
U 1 J vv i
Page 1 of 4
is requesting the
LAND USE REQUEST AND REVIEW PROCEDURES The applicant
from the City Council
following land use
approvals
Reinstatement of Vested Rights The City Council may by resolution at a
Extension or
public hearing noticed by publication mailing and posting see section
reinstatement of expired vested rights
26304 approve an extension
3
E
060
a
b
c or
revoked order in accordance with this section City Council is the final
or a development
review authority who may or deny the proposal
approve
PROJECT SUMMARY
The applicant has requested an extension of their vested rights for the project approved by
which allows of the existing
for the demolition
Ordinance No 25 Series of 2007
office
of mixed commercial
commercial building to construct a new building consisting
office
free market units and sub grade parking See Figure 1
space three affordable housing units six
for Vicinity Map
o z ze w a ioo
Feed
s
E S
Su 6jatl Parcel
Figure 1 Vicinity Map
The applicant has not yet begun construction of the project Due to the current economic
be more successful in securing financial
climate the applicant states that they would
date was extended The
commitments to assist with the project if the vested rights expiration
15
2009
Revised 6
Page 2 of 4
architect estimates that it will take 18 24 months to complete plans obtain permits
applicants
and construction bids Potential lenders are concerned about pre sales and securing permits
has not yet applied for a building permit because
during the vested rights period The applicant
of the cost to complete construction plans The ordinance vested the approval until February 4 h
extend the approval for additional three years
applicant requests that the Council
an
2011 The
This h
would vest the approval through February 4 2014
STAFF COMMENTS
Vested Ri Extension
hts
is extension of their vested rights until March 20 2012 pursuant to
The applicant requesting an
308 C of the Land Use Code
010
Section 26
several
The applicant is the extension of the vested rights because they believe that
requesting
with securing
financial factors are an issue and the extension of the expiry period will assist them
close
financial commitments Staff believes that the project is suitable for the proposed location
to pedestrianamenities the commercial core and mass transit
1 STREET IEt4
t1LL
Figure 2 East Elevation Drawing
The total floor area ratios for the project meet requirements for this zone district with Special
Review The floor area ratio for commercial uses are the same as the zone district requirements
Review to
At the time of the original approvals applicant
the permitted
was under Special
numbers below the negotiable threshold If this project
negotiate those numbers and maintained
it would again be required to receive the same
proceeded again through the land use process
Because of changes to the Land Use Code the
office
approvals for the commercial space
feet of net livable area for free market housing
433
applicant would now be permitted 14 square
a 1 ratio to 150 of the
The free market floor area requirements were changed from
feet of free market net
commercial space This would allow the applicant to have 14 square433
livable area as long as the cap for the entire lot is not exceeded The application proposes 9 622
of floor area for free
office uses and 10 square feet
square feet of floor area for commercial
442
restrictions for floor area
market uses Affordable housing has no
15
2009
Revised 6
Page 3 of 4
time of approvals mixed use buildings
The height restrictions have also been changed At the
were permitted to be up to 32 feet high Under the current Code
mixed use buildings can be 32
feet high through Commercial Design Review
RECOMMENDATION While reviewing the staff believes that the application
proposal
commercial district to the
provides a
project that will make a
good transition from the historic
Service Commercial Industrial C
I
S district
By 2009 Land Use Code standards the total floor
district with Review for the
area ratios for the project requirements for this
meet zone Special
commercial space and the net livable space for free market uses are now slightly lower than the
zone district requirements The project also supplies more affordable housing than what is
for mitigation The only significant changes that have been made to the zoning
or
required
review process that would affect this proposal since the original approval in 2006 are the floor
area requirements and height The moratorium has since expired Community Development
staff recommends that the City Council approve the request to extend the vested
Department
additional three years with the following condition
rights for an
shall
1 That the establishment herein of a vested property right not
and
preclude the application or regulations which are general in nature
aze applicable to all property subject to the
land use regulation by the
City of Aspen including but not limited to building fire plumbing
electrical and mechanical codes and all adopted impact fees that aze in
effect at the time of building permit unless an exemption is granted in
writing
CITY MANAGER COMMENTS
S
Resolution No Series of 2009
RECOMMENDED MOTION Imove to adopt
ATTACHMENTS
Exhibit A Staff Findings
Exhibit B Application
15
2009
Revised 6
Page 4 of 4
RESOLUTION NO f
SERIES 2009
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN TO APPROVE AN
25OF 2007 BY THE
EXTENSION OF VESTED RIGHTS GRANTED BY ORDINANCE N0
CITY OF ASPEN COUNCIL FOR THE PROPOERTY COMMONLY DESCRIBED AS 201
NORTH MILL LEGALLY DESCRIBED AS JEROME PROFESSIONAL
STREET
OF ASPEN PITKIN COUNTY COLORADO
BUILDING CITY
073 073
17 17
010 028
Parcel Identification Number 2737 2737
the received an
application from Herb
WHEREAS Community Development Department
Klein requesting a Vested Rights Extension for three years pursuant to Ordinance No 25 Series of
2007 and
Council Ordinance No 25 Series of 2007 which
WHEREAS The City adopted
Subdivision Review and Vested Property Rights for the Jerome Professional Building
approved a
status for the demolition of the existing building and the
Redevelopment Vested Property Rights
construction of a new building that consists of commercial space three affordable
office housing
units and six free market units until February h
4 2011 and
WHEREAS the submitted the application for extension of vested property
applicant
rights on March 24 2009 before the
h vested rights expired in on February 4 2011
h The
approved via Ordinance No Series of 2007
25 and
property rights were
WHEREAS pursuant to Section 26Vested Property Rights of the Land Use Code
010
308
extension of vested rights after public hearing is held and a resolution
City Council a
may grant an
is adopted and
application and
WHEREAS the Community Development Director has reviewed the
extension of vested for the 201 North Mill Street
recommended approval of an rights
under the City Council and
Development
Page 1 of 3
WHEREAS the Aspen City Council has reviewed and considered the request of vested
rights extension for the 201 North Mill Street Jerome Professional Building Development approval
under the provisions of the Municipal Code as identified herein has reviewed and considered the
recommendation of the Community Development Director and has taken and considered public
comment at a public hearing and
WHEREAS the City Council finds that the extension of the vested rights proposal meets or
exceeds all land standards and that the approval of the extension of vested rights with
applicable use
conditions is consistent with the goals and elements of the Aspen Area Community Plan and
WHEREAS the City Council finds that this resolution furthers and is necessary for the
promotion of public health safety and welfaze
BE IT RESOLVED BY THE CITY OF ASPEN COUNCIL AS
NOW THEREFORE
FOLLOWS
Section 1
Pursuant to the procedures and standards set forth in Section 26 of the City Aspen Municipal
of
Code the City hereby approves the request for
Council an extension of vested rights for the
Jerome Professional Building until February 4 2014 that were approved by Ordinance No 25
Series of 2007 by the City Council with the following conditions
1 That the establishment herein of vested property right shall not preclude the
a
which are general in nature and are applicable to all
application or regulations
property subject to the land regulation by the City of Aspen including but not
use
limited to building fire plumbing electrical and mechanical codes and all adopted
impact fees that aze in effect at the time of building permit unless an exemption
granted in writing
Section 2
All materialrepresentations and commitments made by the Applicant pursuant to the development
proposal approvals as herein awazded whether in public hearing or documentation presented before
the 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 3
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 resolutions repealed or amended as
herein provided and the same shall be conducted and concluded under such prior resolutions
2 of 3
Page
Section 4
If any section subsection sentence clause phrase or of this resolution is for any reason
portion
held invalid or unconstitutional in a court of competent jurisdiction such portion shall be deemed a
and shall not affect the validity of the remaining
separate distinct and independent provision
portions thereof
Section 5
A public hearing on this resolution was held the day of 2009 in the City Council
Chambers 130 S Galena 15 days prior to which public notice was published in a newspaper of
general circulation within the City of Aspen
and this day of March 2009 by a vote
FINALLY adopted passed approved
Attest
Kathryn S Koch City Clerk Michael C Ireland Mayor
Approved as to form
John P Worcester City Attorney
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