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