HomeMy WebLinkAboutresolution.apz.014-09Resolution No. 14
(SERIES OF 2009)
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING GROWTH MANAGEMENT REVIEW FOR NEW COMMERICAL
DEVELOPMENT THAT IS PART OF A MIXED-USE DEVELOPMENT
CONTAINING FREE MARKET RESIDENTIAL, AFFORDABLE HOUSING AND
COMMERCIAL NET LEASBLE AREA KNOWN AS MOUNTAIN PLAZA
BUILDING AND LOCATED AT 434 E. COOPER AVENUE, CITY OF ASPEN,
PITKIN COUNTY, COLORADO.
Parcel No. 2737-182-16-011
WHEREAS, the Community Development Department received an application
from all of the Bert Bidwell Investment Corporation requesting Growth Management
Review approval to develop new commercial net leasable area as part of a new mixed-use
development known as the Mountain Plaza Building located at 434 E. Cooper Avenue;
and,
WHEREAS, the Planning and Zoning Commission granted Growth Management
approval for aMixed-Use Building which contains 10,585 sq. fr. of net leasable area,
approval for the development of three (3) free-market residential units totaling a Floor
Area Ratio of .82:1 or 7,392 sq. fr. and individual net livable area of 2,000 sq. fr. each,
and approval for the development of three (3) affordable housing units with a total of
2,241 sq. fr. of net livable area via Resolution No. 26, Series of 2007; and,
WHEREAS, the Applicant has revised the Mixed Use Building to contain three
(3) free-mazket residential units totaling a Floor Area Ratio of .564:1 or 5,078 sq. fr. and
individual net livable azeas of 600 sq. ft.; 1,400 sq. fr.; and 2,000 sq. fr., and to contain
two (2) affordable housing units with a total of 1,200 sq. fr. of net livable area and
individual net livable areas of 600 sq. fr. each; and,
WHEREAS, the Growth Management approvals and conditions of approval for
the free-market residential units and affordable housing units and the recommendation of
approval for Subdivision review, pursuant to Resolution No. 26, Series of 2007 remain
valid; and,
WHEREAS, the application is governed under the Land Use Code in effect in
Mazch 2006; however the applicant requested that the Growth Management review be
conducted under the new rules and regulations pursuant to Ordinance No. 14, Series of
2007 and the annual allotment for commercial development be deducted from the 2007
pool; and,
WHEREAS, prior to applying for the Growth Management review for new
commercial development the Applicant received Conceptual Design Review and
RECEPTION#: 562834, 0 911 712 0 0 9 at
09:44:06 AM,
1 OF 4, R $21.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
P & Z Resolution #14, Series 2009
434 Cooper Street, GMQS Commercial
Page 1 of 4
Commercial Design Standard Review from the Historic Preservation Commission via
Resolution No. 18, Series of 2009; and,
WHEREAS, the Growth Management review is for approval of the commercial
component of a Mixed-Use Building which contains 12,284 sq. ft. of net leasable azea, of
which 203 sq. ft. of net leasable area is newly created and beyond the net leasable
commercial credit for the existing building; and
WHEREAS, upon review of the application and the applicable code standards,
the Community Development Department recommended approval of the Growth
Management Review request; and,
WHEREAS, the Planning and Zoning Commission 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, and has taken and considered public comment at a duly noticed public hearing on
September 15, 2009; and,
WHEREAS, the City of Aspen Planning and Zoning Commission finds that the
proposed amendment meets or exceeds all applicable development standazds and that the
" approval and recommendation of approval of the land use requests is consistent with the
goals and objectives of the Aspen Area Community Plan; and,
WHEREAS, the Planning and Zoning Commission grants approval of the
Growth Management Review request for the commercial component of a mixed
development that contains 12,284 sq. ft. of net leasable area by a vote of six to zero (6-0);
and,
WHEREAS, the City of Aspen Planning and Zoning Commission finds that this
Resolution furthers and is necessary for the promotion of public health, safety, and welfaze.
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 Title 26 of the Aspen Municipal
Code, the Planning and Zoning Commission hereby approves Growth Management
Review for Expansion or New Commercial Development for the development of a
mixed-use building containing a commercial component with a maximum of 12,284 sq.
fl. of net leasable area as shown in the floor plans of application dated September 15,
2009.
Section 2• Plannin¢ and Zoning Resolution No. 26, Series of 2007
The Growth Management review approvals and condrt~ons for Free Market Residential
Units and Affordable Housing, and the recommendation of Subdivision approval to City
Council pursuant to Resolution 26, Series of 2007 remain valid.
P & Z Resolution #14, Series 2009
434 Cooper Street, GMQS Commercial
Page 2 of 4
Section 3: Building
The Applicant shall meet adopted building codes and requirements if and when a
building permit is submitted. Additionally, as represented in the growth management and
subdivision application dated August 15, 2007, the Applicant will attain, at a minimum, a
LEED Silver Certification.
Section 4: Engineering
The Applicant's design shall be compliant with all sections of the City of Aspen
Municipal Code, Title 21 and all construction and excavation standards published by the
Engineering Department. The project must comply with CMP requirements at the time
of permit. A drainage plan must be submitted and must comply with Engineering
Department requirements. A traffic analysis to show the impacts in the area, specifically
the quality of service impacts to the Cooper/Galena intersection and the sidewalk/alley
intersection in the northeast corner of the property, must be submitted prior to the
Subdivision Review at City Council. Of particular concern is quality of service impacts to
the Cooper/Galena intersection and to the sidewalk as it crosses the alley on the east side
of the building.
Section 5: Fire Mitigation
All codes adopted by the Aspen Fire Protection District shall be met. This includes but is
not limited to access (International Fire Code (IFC), 2003 Edition, Section 503),
approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907).
Section 6: Public Works
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. Utility placement and design shall meet adopted City of Aspen standards.
Each of the units within the building shall have individual water meters.
Section 7• Sanitation District Requirements
Service is contingent upon compliance with the District's rules, regulations, and
specifications, which aze on file at the District office. Oil an,d Grease interceptors (not
traps) aze required for all food processing establishments and shall be identified and
specified prior to building permit. Oil and sand separators are required for the parking
garage. Old service lines must be excavated and properly abandoned.
Section 8: Environmental Health
The state of Colorado mandates specific mitigation requirements with regard to asbestos.
Additionally, code requirements to be awaze of when filing a building permit include: a
prohibition on engine idling, regulation of fireplaces, fugitive dust requirements, noise
abatement and pool designs.
P & Z Resolution #14, Series 2009
434 Cooper Street, GMQS Commercial
Page 3 of 4
Section 9: Exterior Liahtina
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 10:
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 11•
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 12:
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~c~f A~petl on this 15~'
day of September, 2009. ~~. / `t/'/
~/ LJ Erspamer
Planning Zoning Commission Chair
APPROVED AS TO FORM:
James R True, Special Counsel
ATTEST:
ckie Lothian, Deputy City Clerk
P & Z Resolution #14, Series 2009
434 Cooper Street, GMQS Commercial
Page 4 of 4