HomeMy WebLinkAboutagenda.apz.202206211
AGENDA
ASPEN PLANNING & ZONING COMMISSION
June 21, 2022
4:30 PM, WebEx Virtual Meeting (See agenda packet for
instructions to join the meeting)
I.VIRTUAL MEETING INSTRUCTIONS
TO JOIN ONLINE:
Go to www.webex.com and click on "Join a Meeting"
Enter Meeting Number: 2554 197 1613
Enter Password: 81611
Click "Join Meeting"
-- OR --
JOIN BY PHONE
Call: 1-650-479-3208
Enter Meeting Number: 2554 197 1613
Enter Password: 81611
II.ROLL CALL
III.COMMENTS
IV.MINUTES
None
V.DECLARATION OF CONFLICT OF INTEREST
VI.PUBLIC HEARINGS
VI.A.624 E. Cooper Avenue - Commercial Design Review, PUBLIC HEARING
624 E Cooper.Memo.20220621.pdf
624 E Cooper.Resolution Draft.20220621.pdf
624 E Cooper.Exhibit A.Commercial Design Review Criteria.pdf
624 E Cooper.Exhibit B.Referral Comments.pdf
624 E Cooper.Exhibit C.Application.20220621.pdf
VII.OTHER BUSINESS
VII.A.Requests to Pay Fee-in-Lieu in Providing Affordable Housing Mitigation
Recommendation to City Council
1
2
Q2 Staff Memo and Exhibits.pdf
Q2_P&Z Resolution.pdf
VIII.ADJOURN
NEXT RESOLUTION NUMBER: #11, SERIES 2022
TYPICAL PROCEEDING FORMAT FOR ALL PUBLIC HEARINGS
1) Conflicts of Interest (handled at beginning of agenda)
2) Provide proof of legal notice (affidavit of notice for PH)
3) Staff presentation
4) Board questions and clarifications of staff
5) Applicant presentation
6) Board questions and clarifications of applicant
7) Public comments
8) Board questions and clarifications relating to public comments
9) Close public comment portion of bearing
10) Staff rebuttal/clarification of evidence presented by applicant and public comment
11) Applicant rebuttal/clarification
End of fact finding.
Deliberation by the commission commences.
No further interaction between commission and staff, applicant or public
12) Chairperson identified the issues to be discussed among commissioners.
13) Discussion between commissioners*
14) Motion*
*Make sure the discussion and motion includes what criteria are met or not met
Revised January 9, 2021
2
MEMORANDUM
TO: City of Aspen Planning and Zoning Commission
FROM: Sarah Yoon, Historic Preservation Planner II
THROUGH: Amy Simon, Planning Director
MEETING DATE: June 21, 2022
Re: 624 E. Cooper Avenue – Commercial Design Review, PUBLIC HEARING
Applicant:
Deryk Cave, owner of Mezzaluna
Restaurant
Representatives:
Grant Sutherland
Location:
624 E. Cooper Avenue
Current Zoning and Use:
Commercial (C-1)
Summary:
The applicant is requesting approval to
construct a permanent porch-like structure
covering 499 square feet of the adjacent
courtyard space that is currently used for
outdoor seating. Prior to the COVID-19
exceptions, temporary umbrellas have been
used to provide shade for customers seated
in this area.
STAFF RECOMMENDATION:
Staff recommends the Planning and Zoning
Commission approve the proposed application.
Figure 1: Aerial Image of Site
REQUEST OF THE PLANNING AND ZONING COMMISSION (P&Z): The Applicant is
requesting the following Land Use approval from the Planning and Zoning Commission. The
Planning and Zoning Commission is the final review authority, however, Commercial Design
Review is subject to Call-up Notice by City Council.
• Commercial Design Review (Section 26.412) to construct a permanent covered porch
structure. The Commercial Design Review includes an assessment of the following topics:
building materials, design details, and pedestrian amenities. This scope of work is subject
to a one-step process that consolidates the conceptual and final review into a single review
process.
624
3
Page 2 of 3
BACKGROUND:
624 E. Cooper Avenue is a commercial use building in the Commercial (C-1) Zone District, and
the Mezzaluna restaurant is located on the ground level. The adjacent courtyard space was
traditionally used as outdoor seating for the restaurant with temporary umbrellas as shading
devices during the summer season.
In response to the COVID-19 pandemic, the Aspen City Council initiated the Winter in Aspen
Vitality (WAV) program to provide flexibility for businesses to stay open and compliant with the
public health order. The deadline for this program was extended several times to remain compliant
with the evolving conditions of the pandemic and the public health orders. After careful evaluation,
staff received clear direction from City Council to proceed with the removal of all temporary
outdoor enclosures constructed through this program by May 11, 2022. Owners were given
permission to maintain their enclosure if they were actively pursuing proper Land Use approval.
PROPOSAL:
The applicant proposes to remove the temporary enclosure that was built during COVID-19 and
construct a new permanent porch-like overhang with a 3:12 pitch that is open on all sides. The
building material proposed for this feature is painted metal columns and beams and a class A roof
assembly that will meet structural loads for year-round use. The area covered with this structure
is approximately 499 square feet. No doors, walls, or windows are proposed with this design.
Figure 2: Structure built during the COVID-19 pandemic Figure 3: Proposed porch cover feature
STAFF COMMENTS:
The proposed design is a permanent structure that is open on all sides and does not include any
permanently affixed features to enclose the space such as screens, windows, or doors. The
applicant will need to provide structural details signed and stamped by an engineer and a detailed
roof assembly showing the underlayment product for the building permit. As proposed, this
structure is exempted from Growth Management Mitigation requirements and the Mountain View
Plane Review but subject to Commercial Design Review, specifically related to materials and
pedestrian amenities.
Commercial Design Review: The project site is in the character area defined as Commercial Area
(CA) which consists of commercial architecture predominantly from the modern era. Materials
featured in this area include highly textured brick, heavy timbers, and metal. The application of
these materials should be subtle and reminiscent of traditional techniques. The metal beams,
columns, and roof are all materials found in the character area and have proven durability to
withstand Aspen’s climate. See Exhibit A for design guidelines/standards and staff findings.
4
Page 3 of 3
Pedestrian Amenity: The objective behind pedestrian amenity is to create meaningful open
spaces that convey human scale and provides vitality at the street level. These spaces are
typically open to view from the street, open to the sky, and not permanently enclosed with walls.
The guidelines specially call out outdoor seating areas as an appropriate use of pedestrian
amenity space. According to the guidelines, pedestrian amenity space should be 25% of the gross
lot area of the commercial property. According to the calculations provided in the application, the
existing pedestrian amenity space totals 5,330 square feet where 3,199 square feet is required.
The design guidelines provide an opportunity for pedestrian amenity to be covered if the street-
facing portion is entirely open and approved by a review board (PA1.5). If approved, the area
beneath the covered roof would remain in compliance with the Pedestrian Amenity requirements.
REFERRAL COMMENTS:
The application was referred out to other City Departments who have requirements that may
significantly affect the permit review. Please see Exhibit B for full comments.
RECOMMENDATION:
Staff recommends that the Planning and Zoning Commission approve the request to construct
the proposed porch structure with the following condition:
1. Consult with the Parks Department regarding the tree in the existing planter box.
PROPOSED MOTION:
“I move to approve Resolution #XX, Series of 2022 to construct porch structure as proposed.”
EXHIBITS:
Resolution #XX, Series of 2022.
A. Review Criteria – Commercial Design Review
B. Referral Comments
C. Land Use Application
5
624 E. Cooper Avenue
P&Z Resolution #XX, Series 2022
Page 1 of 2
RESOLUTION #XX
(SERIES OF 2022)
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
GRANTING COMMERCIAL DESIGN REVIEW APPROVAL FOR A PERMANENT
PORCH STRUCTURE ON THE PROPERTY LOCATED AT 624 E. COOPER AVENUE,
LEGALLY DESCRIBED AS PORTIONS OF LOTS K, L AND M, AND ALL OF LOTS N
AND O, BLOCK 100, CITY AND TOWNSITE OF ASPEN, COUNTY PITKIN, STATE OF
COLORADO.
Parcel ID: 2737-182-25-005
WHEREAS, the Community Development Department received an application for the
land use review for the development of 624 E. Cooper Avenue, from Applicant Deryk Cave,
Owners of Mezzaluna Restaurant, represented by Grant Sutherland, for Commercial Design
Review; and,
WHEREAS, the Community Development Department staff reviewed the application for
compliance with the applicable review standards; and,
WHEREAS, upon review of the application and the applicable Land Use Code standards
and Commercial Design Guidelines/Standards, the Community Development Director
recommends approval of Commercial Design Review; and,
WHEREAS, The City of Aspen Planning and Zoning Commission reviewed and
considered the development proposal under the applicable provisions of the Municipal Code as
identified herein, reviewed and conserved the recommendation of the Community Development
Director and took and considered public comment at a duly noticed public hearing on June 21st,
2022; and,
WHEREAS, the City of Aspen Planning and Zoning Commission finds that the
development proposal meets the applicable review criteria and that approval of the request is
consistent with the goals and objectives of the Land Use Code; 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 welfare; and,
WHEREAS, The City of Aspen Planning and Zoning Commission approves Resolution
#XX, Series of 2022, by a X to X (X-X) vote, granting approval of the Commercial Design Review
as identified herein.
NOW, THEREFORE BE IT RESOLVED BY THE ASPEN PLANNING AND ZONING
COMMISSION:
6
624 E. Cooper Avenue
P&Z Resolution #XX, Series 2022
Page 2 of 2
Section 1: Commercial Design Review:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Commercial, Lodging and Historic District Design Standards and Guidelines, the Planning and
Zoning Commission hereby approves the request for Commercial Design Review to construct a
permanent porch structure over the courtyard with the following condition of approval:
1. Consult with the Parks Department regarding the tree in the existing planter box.
Section 2: Material Representations
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 Community Development Department or the Aspen 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 other specific conditions or an authorized authority.
Section 3: Existing Litigation
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 4: Severability
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance 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 COMMISSION at its regular meeting on the 21st day of June, 2022.
APPROVED AS TO FORM: PLANNING AND ZONING
COMMISSION:
_______________________________ ___________________________________
Katharine Johnson, Assistant City Attorney Teraissa McGovern, Chair
ATTEST:
_______________________________
Cindy Klob, Records Manager
EXHIBIT A: Rendering and Proposed Site Plan of Approved Porch Structure
7
DATE REVISION NOTES
TITLE #
PAGE #
the PBRworkshop
301 W. HYMAN STE. #6
ASPEN CO 81611
970-274-0481 or
amos@pbrworkshop.com
3.21.22 C.O.A. LU APPLICATION
N
499 sq.ft.
PORCH
38
'
-
5
"
14'-5"
28
'
-
9
"
38
'
-
5
"
14'-5"
28
'
-
9
"
38'-5"
11
'
-
1
1
"
8'
-
8
"
19'-4"
PRO-PANEL METAL
CLASS "A"
ROOF SYSTEM
METAL COLUMN
ATTACH TO ISLAND
PLANTER PER ENGR.
METAL FLASHING
8'
-
8
"
11
'
-
1
1
"
14'-5"
ME
Z
Z
A
L
U
N
A
62
4
E
.
C
O
O
P
E
R
A
V
E
.
AS
P
E
N
,
C
O
L
O
R
A
D
O
8
1
6
1
1
PA
R
C
E
L
I
D
2
7
3
7
1
8
2
2
5
0
0
5
PROPOSED SOUTH ELEVATION - 1/4" SCALE
PROPOSED ROOF PLAN - 1/4" SCALEPROPOSED SITE PLAN - 1" = 10' SCALE
PROPOSED WEST ELEVATION - 1/4" SCALE
PRO-PANEL METAL
CLASS "A"
ROOF SYSTEM
BENCH
ISLAND
PLANTER
FENCE
3:12
3
12
A 1.0
SITE, ROOF
ELEVATION
EXHIBIT A:
Rendering and Proposed Site Plan of Approved Porch Structure
8
Exhibit A
Commercial Design Review, 624 E. Cooper Avenue
Review Criteria
Exhibit A – Commercial Design Review and Staff Response
Page 1 of 4
26.412.060. Commercial Design: Review Criteria.
An application for commercial design review may be approved, approved with conditions or
denied based on conformance with the following criteria:
A. Guidelines and Standards
1. The Commercial, Lodging, and Historic District Design Standards and Guidelines are
met as determined by the appropriate Commission. The Standards and Guidelines
include design review criteria that are to be used to determine whether the application
is appropriate.
2. All applicable standards in the Commercial, Lodging and Historic District Design
Standards and Guidelines shall be met unless granted a Variation pursuant to Section
26.412.040.D, Variations.
Relevant Commercial Design Guidelines and Standards:
General – Materials and Details:
1.22 (Standard) Complete and accurate identification of materials is required.
• Provide drawings that identify the palette of materials, specifications for the materials, and
location on the proposed building as part of the application.
• Physical material samples shall be presented to the review body. An onsite mock-up prior
to installation may be required.
Staff Findings: Description of proposed material and location provided in the application.
Physical samples may be requested at a later time. Staff finds this criterion is met.
1.23 (Standard) Building materials shall have these features:
• Convey the quality and range of materials found in the current block context or seen
historically in the Character Area.
• Convey pedestrian scale.
• Enhance visual interest through texture, application, and/or dimension.
• Be non-reflective. Shiny or glossy materials are not appropriate as a primary material.
• Have proven durability and weathering characteristics within Aspen’s climate.
• A material with an integral color shall be a neutral color. Some variation is allowed for
secondary materials.
Staff Findings: Painted metal beams and columns are proposed for the permanent structure.
Metal roof is proposed a neutral brown color and the materials will not have a shiny or glossy
finish. Contemporary metal finishes are found in the commercial character area and have proven
durability in Aspen’s climate. Staff find this criterion is met.
General – Lighting, Service and Mechanical Areas:
1.31 (Guideline) Minimize the visual impacts of utility connections and service boxes.
• Group and discreetly locate these features.
9
Exhibit A
Commercial Design Review, 624 E. Cooper Avenue
Review Criteria
Exhibit A – Commercial Design Review and Staff Response
Page 2 of 4
• Use screening and materials that compliment the architecture.
Staff Findings: All temporary electrical connections to be removed and no new connections are
proposed, therefore, no additional screening is required. Staff finds this criterion is met.
Pedestrian Amenity – Street Level Pedestrian Amenity (PA1)
PA1.3 (Guideline) Street level Pedestrian Amenity spaces should be equal to a minimum
of 1/3 of the total Pedestrian Amenity requirement.
• For example, a requirement of 300 square feet of Pedestrian Amenity can be comprised
of three 100 square feet spaces; but cannot be comprised of one 275 square feet space
and one 25 square feet space.
Staff Findings: According to the floor area calculations provided by the applicant, 1/3 of the total
pedestrian amenity required for this site is approximately 1,056 square feet on the street level.
The existing street level pedestrian amenity is calculated at 3,500 square feet. If approved,
covered area would still meet Pedestrian Amenity requirements. Staff finds this criterion is met.
PA1.4 (Standard) Street level Pedestrian Amenity shall be within 18 inches above or
below the existing grade of the street or sidewalk which abuts the space.
Staff Findings: The existing street level pedestrian amenity abuts the sidewalk with no visible
grade change. This condition is to remain. Staff finds this criterion is met.
PA1.5 (Standard) Street level Pedestrian Amenity areas shall be open to the sky.
• Direct access to the Pedestrian Amenity from the street is required.
• A street level Pedestrian Amenity space may be covered, subject to HPC or P&Z approval.
If the space is covered, the street-facing portion shall be entirely open.
Staff Findings: The proposed roof will not be open to the sky, but it has direct access to the
street and all street-facing portions of the pedestrian amenity is open and viewable from the street.
If approved, covered area would still meet Pedestrian Amenity requirements. Staff finds this
criterion is met.
PA1.6 (Standard) Design meaningful street level space that is useful, versatile, and
accessible.
• Small unusable spaces are inappropriate.
• Consider providing space for future outdoor merchandising or restaurant seating
opportunities when designing the space.
• Providing good solar access, capturing mountain views, and providing seating is
recommended.
• Do not duplicate existing nearby open space.
• Storage areas, delivery areas, parking areas, or trash areas are not allowed uses within
Pedestrian Amenity space.
10
Exhibit A
Commercial Design Review, 624 E. Cooper Avenue
Review Criteria
Exhibit A – Commercial Design Review and Staff Response
Page 3 of 4
Staff Findings: This covered area will be used by the restaurant for extra outdoor seating which
will provide vitality to the street and utilize the space in a meaningful way. Staff finds this
criterion met.
PA1.7 (Guideline) Design amenity space that enhances the pedestrian experience and
faces the street.
• On corner lots, Pedestrian Amenity space may be considered on side streets or adjacent
to the alley rather than facing primary streets.
Staff Findings: Although this is not a corner lot, the use of the space as outdoor seating for the
restaurant will enhance the pedestrian experience and connect pedestrian activity from the street
to the pedestrian amenity space. Staff finds this criterion met.
PA1.8 (Guideline) Street level Pedestrian Amenity space should reinforce the property
line. Consider the context of the block when selecting an appropriate technique.
Examples include:
• Overhangs: A cantilevered roof or retractable awning that stretches to the property
line.
• Fences: A low fence, mostly transparent, that allows views into the Pedestrian
Amenity space.
• Landscape: Low planter boxes. If including trees, the mature tree canopy size should not
prohibit views into the amenity space. Hedgerows over 42 inches are prohibited.
• Street Furniture: Permanent, fixed benches or other pedestrian-related elements may be
considered to establish property lines.
• Surface Material: A change in hardscape material to differentiate between Pedestrian
Amenity and right-of-way.
Staff Findings: The proposed covering is located within the existing street level pedestrian
amenity space. There are existing planter boxes, fences and use of hardscape material to
differentiate between the public right-of-way and the pedestrian amenity space on private
property. Staff finds this criterion met.
PA1.9 (Guideline) Street level Pedestrian Amenity may be appropriate on a case-by-case
basis within the Commercial Core Historic District.
• Consider the existing context of the block .
• Clearly define the property line as defined in PA1.8.
• In this District, street level Pedestrian Amenity should be subordinate to the line of building
fronts.
Staff Findings: The existing street level pedestrian amenity and the proposed changes all remain
subordinate to the entrance of the buildings. Staff finds this criterion is met.
11
Exhibit A
Commercial Design Review, 624 E. Cooper Avenue
Review Criteria
Exhibit A – Commercial Design Review and Staff Response
Page 4 of 4
Commercial Area (C-1) – Architecture
4.2 (Guideline) Variations on traditional 19th-century commercial design are encouraged.
• Design solutions should reference some traditional commercial characteristics. These
include tall storefront windows, defined entries, and smaller windows on upper levels.
• Creative interpretations of 19th-century design is recommended.
• Design should support, but not imitate historic architecture.
• Properties adjacent to an AspenModern landmark may relate to, but not mimic the
AspenModern architecture. This will be addressed on a case-by-case basis, considering
the context of the block.
Staff Findings: The overall context of this block is more Modern than Victorian, however, the
structure is a porch-like feature that references historic characteristics without it being a direct
imitation of 19th century design. Staff finds this criterion is met.
4.6 (Guideline) Flat roof forms are appropriate and reinforce the commercial nature of the
neighborhood.
• Other roof forms may be considered on a case-by-case basis depending on the context
of the block, adjacent historic landmarks, and other restrictions such as viewplanes.
Staff Findings: Although a flat roof form is utilized for this commercial building, the pedestrian
level coverings are pitched in this area. The proposed pitch is in context with the surrounding
awnings/coverings associated with this space. Staff finds this criterion is met.
Commercial Area (C-1) – Details and Materials
4.7 (Guideline) Large storefronts are recommended on the ground level.
• If large storefronts are not used, ground level details should reinforce
Staff Findings: Large storefront windows exist and are maintained with this proposal.
Architectural details are derived from the existing design of the building. Staff finds this criterion
is met.
4.8 (Guideline) If non-traditional materials are used, they should be subtle in appearance
and location and applied using traditional techniques
Staff Findings: The use of modern materials such as steel I-beams and columns are subtle in
appearance and relate to the existing design of the commercial building. Staff finds that this
criterion is met.
12
Exhibit B
Referral Comments, 624 E. Cooper Avenue
Exhibit B – Referral Comments
Page 1 of 1
Parks Department Comments :
Dave Radeck, david.radeck@aspen.gov
1. Parks would like to see the tree that was removed from the north planter box replaced.
The City Forester can suggest species.
Building Department Comments:
Justin Hahn, justin.hahn@aspen.gov
Please see annotated comments provided by the Building Department on the next page.
13
624 E Cooper CDS Building Comments
Subject: PlanCheck
Page Label: 20
Author: justinh
File Name: Mezzaluna Porch Application.pdf
Color:
Fully engineered structural
design for the porch, signed and
stamped by an engineer, is
required for building permit
approval of permanent
installation.
Mezzaluna Porch Application.pdf (8)
Subject: PlanCheck
Page Label: 20
Author: justinh
File Name: Mezzaluna Porch Application.pdf
Color:
Provide documentation of class
A roof assembly and
corresponding detailing. Metal
roofing by itself does not
accomplish class A rating, an
underlayment product will likely
be required.
Subject: PlanCheck
Page Label: 24
Author: justinh
File Name: Mezzaluna Porch Application.pdf
Color:
Show any proposed outdoor
heaters or exterior lighting. If
exterior lighting is proposed an
exterior lighting ComCheck for
the building will be required to be
submitted for review/approval at
building permit.
Subject: PlanCheck
Page Label: 24
Author: justinh
File Name: Mezzaluna Porch Application.pdf
Color:
Snow stops are required along
the lower edge of the porch.
Subject: PlanCheck
Page Label: 24
Author: justinh
File Name: Mezzaluna Porch Application.pdf
Color:
Provide an updated seating plan
under the porch for building
permit that shows compliant
egress from all existing building
exits and provides compliant
accessible dining options and
route.
Fully engineered structural design for
the porch, signed and stamped by an
engineer, is required for building permit
approval of permanent installation.
Provide documentation of class A roof
assembly and corresponding detailing.
Metal roofing by itself does not
accomplish class A rating, an
underlayment product will likely be
required.
PRO
Show any proposed outdoor
heaters or exterior lighting. If
exterior lighting is proposed an
exterior lighting ComCheck for the
building will be required to be
submitted for review/approval at
building permit.
1'-11"
1'-11"
3
1
Snow stops are
required along the
lower edge of the
porch.
Provide an updated seating plan under
the porch for building permit that shows
compliant egress from all existing
building exits and provides compliant
accessible dining options and route.
14
Subject: PlanCheck
Page Label: 24
Author: justinh
File Name: Mezzaluna Porch Application.pdf
Color:
Provide engineered
design/detailing for porch
structure connection at the
existing building.
Subject: PlanCheck
Page Label: 24
Author: justinh
File Name: Mezzaluna Porch Application.pdf
Color:
Dimension the clear head height
under the lowest portion of the
porch roof to demonstrate
compliance with IBC 1003.2.
Subject: PlanCheck
Page Label: 26
Author: justinh
File Name: Mezzaluna Porch Application.pdf
Color:
The columns for the porch
structure require proper support
to frost depth. It's unclear
whether that is being provided
from the exploration, be sure the
proposed design is compliant in
this regard.
14'-5"
OSED ROOF PLAN - 1/4" SCALE
3
12
Provide engineered
design/detailing for
porch structure
connection at the
existing building.
11'-11"
8'-8"
8'-8"11'-11"
14'-5"
PROPOSED SOUTH ELEVATION
PROPOSED ROOF PLAN - 1/4" SCA
ALE
3 12
Dimension the clear
head height under the
lowest portion of the
porch roof to
demonstrate
compliance with IBC
1003.2.
DATE REVISION NOTES
TITLE #
PAGE #
the PBRworkshop
301 W. HYMAN STE. #6ASPEN CO 81611970-274-0481 or amos@pbrworkshop.com
3.21.22 C.O.A. LU APPLICATION
N
MEZZALUNA
624 E. COOPER AVE.
ASPEN , COLORADO 81611
PARCEL ID
273718225005
#1 FOUNDATION EXPLORATION#2 FOUNDATION EXPLORATION
CONCRETE
UNDERSLAB
CONCRETE
UNDERSLAB
5" THCK.
FINISH SLAB
4" THCK
BRICK PAVER
2" THCK. OVER 1" SAND BASE
+0"
+4"
+22"
T.O.SLAB
T.O. WALL
T.O. FINISH SLAB
12/2/21 FOUNDATION EXPLORATIONDONE BY CHIP PATTERSON 970-948-9566
A 2.0
FOUNDATIONEXPLORATION
The columns for theporch structure requireproper support to frostdepth. It's unclearwhether that is beingprovided from theexploration, be surethe proposed design iscompliant in thisregard.
15
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020
LAND USE APPLICATION
APPLICANT:
REPRESENTIVATIVE:
Description: Existing and Proposed Conditions
Review: Administrative or Board Review
Required Land Use Review(s):
Growth Management Quota System (GMQS) required fields:
Net Leasable square footage Lodge Pillows Free Market dwelling units
Affordable Housing dwelling units Essential Public Facility square footage
Have you included the following? FEES DUE: $
Pre-Application Conference Summary
Signed Fee Agreement
HOA Compliance form
All items listed in checklist on PreApplication Conference Summary
Name:
Address:
Phone#: email:
Address:
Phone #: email:
Name:
Project Name and Address:
Parcel ID # (REQUIRED)
16
17
624 E. COOPER AVENUE
MEZZALUNA
"PORCH"
LAND USE STANDARDS REPORT
March, 21 2022
PARCEL ID# 273718225005
Contents: Page:
Cover Image 1
Contents 2
Summary Letter 3
Description 4
Code Analysis 5-17
Process Sketch 18
Drawing Package 19-24
HCE Survey Contract 25-30
Proof of Ownership Documents 31
Legal Description 32
Vicinity Map 33
Signed Fee Agreement 34
HOA Agreement Document 35
Pre-Application Conference Document 36-39
18
Summary Letter
March 21, 2022
Mr. Kevin Reyes
City of Aspen - Planner of the Day
427 Rio Grande Pl
Aspen, Colorado 81611
Re: Making permanent the existing porch at Mezzaluna - PID 273718225005
Dear Mr. Reyes,
Please find attached to this letter; a land use application for OPTION1: Pursue Land Use
Approval to make permanent the existing porch structure at 624 E. Cooper Ave,
Mezzaluna.
As you are aware, in 2020, a temporary roof structure was erected in the courtyard of the
Hunter Plaza building, through an exemption response to COVID-19 Health Department
requirements. For the past two years, this temporary structure has provided Mezzaluna
with an area for socially distanced seating during restaurant operational hours and public
use/access during the remainder. The current temporary roof structure can remain until
May 1, 2022.
The applicant proposes to reduce the existing structure to 499 sq.ft., remove all side-
walls, drop downs, and the temporary electrical service. Based on these modifications,
the proposed structure is a porch by definition of the City of Aspen Land Use Code. The
application responses for General Review Criteria, Pedestrian Amenity Space, and
Commercial Character Area are based upon the above definition.
Please note this application is submitted without the requested survey, dated within one
year. Included, is a survey from 1998, a survey from 2006, and a current contract for
survey services from High Country Engineering. No substantial change to the survey is
expected. The applicant requests that this application be accepted as complete and
processed with the understanding that a current survey will be obtained prior to any P&Z
hearings. Awaiting the updated survey (7-8 weeks) will cause bring the trigger date of
May 1, 2022, and either removal of the existing structure or threat of daily fines.
Thank you for your review, and we look forward to working with you on this project.
Deryk Cave & Grant Sutherland
owners of Mezzaluna Restaurant
19
Description
Mezzaluna is a locally-owned and operated restaurant offering inexpensive eats
and drinks for the past 35 years. Mezzaluna Aspen opened in 1987 as an original tenant
of the newly completed Hunter Plaza building located along the North side of the 600
block of E. Copper Ave. Hunter Plaza is a single building of approximately 9,506 sq.ft.,
separated into eight (8) units. The building is flanked either-side; Chateau Aspen to the
East and currently the James Pearce Store (Ozzies Shoes) to the West. The North
property line abuts the alleyway. The South of the building is set back from Cooper
Avenue and the sidewalk. A large street facing courtyard opens to the street mid-block. It
is divided by three (3) one hundred (100") square inch brick island planters. They are
equally spaced and offer an elevation transition from East to West. The building facade is
a repetitive pattern of brick facade and commercial storefront glass bay windows. Each
repetition is shrouded by an oversized and exposed painted steel post and I-beam detail.
Metal awning framework protrude from each shroud of bay windows offering slight
protection.
Mezzaluna has always used approximately 50% of the courtyard for outdoor
dining. Historically, oversized umbrellas were used to protect diners from rain & sun but
only on a temporary basis as Aspen winters tended to reduce the life span of installations.
In 2020, a temporary roof structure was erected in the courtyard through an exemption
response to COVID-19 Health Department requirements. It was temporarily permitted as
a 732 sq.ft. structure and as-built at 685 sq.ft. For the past two years, this temporary
structure has provided Mezzaluna with socially distanced seating during restaurant
operational hours and public use and access during the remainder. The roof structure was
slatted for removal to the dump by April 30 of 2021. This date was extended due to the
continuation of the COVID pandemic by the City Council and is now May 1, 2022.
This application to make the existing structure permanent includes the following
alterations; reduce the existing footprint of the porch roof to 499 sq.ft. Remove the
temporary structure of three (3) wood posts and replace with two (2) steel columns. Each
column would be affixed to the northern two island planters. The structural review will
by Albright& Associates at time of building permit application. Initial discovery has
already been completed. The existing roof will be reduced in size and remain as a 3:12,
shed pitch, 'class A' metal pro-panel roof, brown in color.
Mezzaluna could be considered an institution in the restaurant field. The porch
structure will replace past years of umbrella matrices and allow a local business to remain
in downtown Aspen.
20
Code Analysis
City of Aspen Land Use Code and Commercial, Lodging and Historic Design Standards in small font;
Applicant Response is in bold
624 E. Cooper Ave. at the Hunter Plaza Building
PID 273718225005
Zone District: Commercial C‐1
Character Area: Commercial Area
Lot Size: 12,794 sq.ft. (gross and net)
Existing Footprint: 9,506 sq.ft.
Proposed Porch: 499 sq.ft
Definitions ‐ Sec.26.104.100.
Porch. An uninsulated, unheated area under a roof, enclosed on at least one (1) side by an exterior wall of a building and open
on at least two (2) sides to the outdoors, with or without screens.
1. Commercial Design Review
A. General Review Criteria
All General review criteria should be addressed. Particular attention should be given to the criteria related to Materials and Details
(1.22‐1.25). For example, materials should have proven durability and weathering characteristics within Aspen’s climate.
Additionally, materials should be non‐reflective. Shiny or glossy materials are not appropriate as a primary material.
1.1 All projects shall provide a context study.
1.1 Property line of subject property is shown in AQUA. Adjacent parcels are shown in
BLUE
21
1.2 All projects shall respond to the traditional street grid.
1.2 Orientation of the proposed porch follows the street grid and parallels the existing
buildings and the City of Aspen street grid layout.
1.3 Landscape elements should complement the surrounding context, support the street scene, and enhance
the architecture of the building.
1.3 The landscape of the courtyard is a concrete slab over radiant heating and multiple
floor drain locations. The courtyard is divided by three large island planters. Each are
100" by 100" and rise above the ground +/‐28" offering an excellent place to sit. The
center island has large stone sculpture surrounded by a water feature. The south
planter contains a single mature ash tree. The north planter contains seasonal flower
plantings.
1.4 Where there is open space on a site, reinforce the traditional transition from public space, to semi‐public
space to private space.
1.4 The proposed porch reinforces the transition from the public sidewalk to a shared
outdoor seating area to Mezzaluna. The temporary structure nearly reached to south
sidewalk. The proposed porch is set back from the sidewalk. It is also lower than the
existing parapet roof helping to transition from public area to semi‐private outdoor
seating area.
1.5 Maintain alignment of building facades where appropriate.
1.5 The building maintains its alignment and is appropriate. No change is proposed to
the primary building.
1.6 When a building facade is set back, define the property line. Review the context of the block when
selecting an appropriate technique.
22
1.6 Street furniture in the form of a bench helps to define the setback along the South
property line. The island planters also help to give definition.
1.7 Develop alley facades to create visual interest.
1.7 No changes are proposed to the Alley facade. Focus and visual interest is on the
Aspen Art Museum across the alleyway.
1.8 Consider small alley commercial spaces, especially on corner lots or lots with mid block access from the
street.
1.8 Alley access is provided and will remain at a mid block location.
1.9 Minimize the visual impacts of parking.
1.9 This property does not provide on‐site parking.
1.10 A new building should appear similar in scale and proportion with buildings on the block.
1.10 A new building is not proposed in this application. The proposed porch is ancillary
to the building mass and is in scale with the surrounding context of the block.
1.11 A minimum building height difference of 2 feet from immediately adjacent buildings is required.
1.11 A new building is not proposed in this application. The proposed ancillary porch is
more than 2 feet below the building it is attached to.
1.12 On lots larger than 6,000 square feet, break up building mass into smaller modules.
1.12 The lot is larger than 6,000 sq.ft. The proposed porch helps to break up the mass
of the building by offering variation to height and asymmetry to the courtyard.
1.13 Development adjacent to a historic landmark should respond to the historic resource.
1.13 Does not apply to this application.
1.14 Commercial entrances shall be at the sidewalk level and oriented to the street.
1.14 A double glass door entrance to Mezzaluna is oriented toward Cooper Avenue.
1.15 Incorporate an internal airlock or air curtain into first floor commercial space.
1.15 Mezzaluna has an internal airlock accessed either side by double glass doors.
1.16 Entries that are significantly taller or shorter than those seen historically or that conflict with the
established scale are highly discouraged.
1.16 The entry to Mezzaluna has remained the same for 35 years. It reflects the
context of the block. It is the fabric of the block.
1.17 ATM's and vending machines visible from the street are prohibited.
23
1.17 No ATMS or venting machines are visible from the street.
1.18 The roofscape should be designed with the same attention as the elevations of the building.
1.18 The proposed porch does not include an mechanical equipment or solar panels.
The design is shed in style and gently slopes to the West. A simple gutter collects
storm water and distributes it into the island planters. At its highest, the porch roof is
36" below the adjacent flat roof of the existing building.
1.19 Use materials that complement the design of the building facade.
1.19 The proposed porch uses two (2) metal columns and one (1) I beam that relate, at
a reduced size, to the metal detail of the existing buildings' facade. The joists remain
exposed wood and carry a traditional 'class A' pro‐panel roof system. These materials
have shown excellent sustainability over the past two years.
1.20 Incorporate green roofs and low landscape elements into the rooftop design where feasible.
1.20 A green roof is not feasible.
1.21 Minimize visibility of rooftop railings.
1.21 This application does not include any rooftop railings.
1.22 Complete and accurate identification of materials is required
1.22 The proposed porch uses three materials; steel, wood, and metal trim. The
structure is made from two (2) painted metal columns and one (1) painted metal I‐
beam. Wood joists span from the proposed I beam to the existing I beam of the
primary mass. Atop the joists is a brown colored pro‐panel roof. Painted metal
flashing at eaves and gable end.
24
1.23 Building materials shall have these features:
Convey the quality and range of materials found in the current block context.
Convey pedestrian scale.
Enhance visual interest through texture, application, and/or dimension.
Be non-reflective. Shiny or glossy materials are not appropriate as a primary material.
Have proven durability and weathering characteristics within Aspen’s climate.
A material with an integral color shall be a neutral color. Some variation is allowed for secondary
materials.
1.23 The building materials used in the construction of the porch convey the quality
and range of materials found along Cooper Avenue. The metal roof used has a dull
brown color that is both non‐reflective and secondary to the existing brick facade
color. In addition, the steel columns and I beam will be matched in black matte paint
that will relate to the existing metal detail of the principal buildings' facade as well as
protect the structure from the environment.
1.24 Introducing a new material, material application, or material finish to the existing streetscape may be
approved by HPC or P&Z if the following criteria are met:
Innovative building design.
Creative material application that positively contributes to the streetscape.
Environmentally sustainable building practice.
Proven durability.
1.24 The materials used to construct the porch have shown proven durability save the
replacement of temporary wood posts for steel columns. The roof of the porch was re‐
used from a previous project and can be considered an environmentally sustainable
building practice.
1.25 Architecture that reflects corporate branding of the tenant is not permitted.
1.25 The architecture does not reflect a corporate brand or Mezzaluna.
1.26 The design of light fixtures should be appropriate to the form, materials, scale, and style of the building.
1.26 No exterior lighting fixtures are proposed in this application.
1.27 Trash and recycle service areas shall be located along an alleyway where one exists, and screened from
view with a fence or door.
1.27 No change is proposed to the existing trash and recycle area. It remains along the
alleyway and is screened from view.
1.28 Design trash and recycle areas thoughtfully and within the style of the building, with the goal of
enhancing pedestrian and commercial uses along alleys.
1.28 No change is proposed to the trash and recycle area. It remains along the
alleyway and is screened from view.
1.29 Delivery areas shall be located along an alleyway where one exists.
1.29 No change is proposed to the delivery area. It is located along the alleyway.
1.30 Mechanical equipment, ducts, and vents shall be accommodated internally within the building and/or co‐
located in the roof.
1.30 No change is proposed to any mechanical equipment, ducts, or vents.
25
1.31 Minimize the visual impacts of utility connections and service boxes.
1.31 All temporary electrical service will be removed. The proposed porch does not
include utility connections or service boxes.
1.32 Transfromer location and size are dictated by City and utility company standards and codes.
1.32 No change proposed to transformer location or size.
1.33 All remodel projects shall meet Standards 1.22 and 1.23.
1.33 See response to Standards 1.22 and 1.23.
1.34 Consider updating windows, doors, and/ or primary entrances to better relate to the Character Area and
pedestrian experience.
1.34 This application does not propose any doors or windows. The porch will be open
on three sides. The fourth side is connected to the building facade allowing the store
front bay windows to read through to passing pedestrians. The porch offers
pedestrians an optional shelter.
1.35 Design alterations to relate to the existing building style and form that may remain.
1.35 The use of exposed steel columns and I beam relate back to the existing building
style which contains larger scale versions in the facade. The proposed porch design is
minimal and simple.
1.36 Incorporate elements that define the property line in accordance with Guideline 1.6.
1.36 A bench currently sits parallel to the South property line giving definition. The
proposed porch is set back from and parallel to the South property line helping to
define depth.
1.37 Creative solutions that incorporate ADA compliance into the architecture are encouraged.
1.37 The reduction of support posts help incorporate ADA compliance by reducing
impasses areas when circulating that patio. Prior use of oversized umbrellas paired
with large concrete ballast base‐plates hindered having a 36" continuous travel path
through the seating area to an exit. The new design is minimal and simple allowing
better access for all.
B. Pedestrian Amenity Space
Commercial, Lodging and Historic District Design Standard, PA1.5 requires street level
Pedestrian Amenity areas to be open to the sky unless coverage is approved by HPC or P&Z.
Enclosing this outdoor space will reduce the amount of pedestrian amenity space that
currently exists. Pursuant to Land Use Code Section 26.412.070, Pedestrian Amenity, 25
percent of the Gross Lot Area of the property is required to be provided as pedestrian
amenity, regardless of the existing onsite pedestrian amenity amount. P&Z will determine
the appropriate method or combination of methods for providing the required amenity.
26
These methods include providing an off‐site pedestrian amenity, or a cash‐in‐lieu provision.
Sec. 26.412.070. ‐ Pedestrian Amenity.
(a)Applicability and Requirement. The requirements of this Section shall apply to the
development of all commercial, lodging and mixed‐use development within the CC, C‐1, MU, NC,
S/C/I, L, CL, LP and LO Zone Districts, as well as any Essential Public Facility pursuant to Section
26.412.020(a). This area represents the City's primary pedestrian‐oriented downtown, as well as
important mixed‐use, service and lodging neighborhoods. Development in these zone districts
consisting of entirely residential uses is exempt from these provisions. Remodel and renovation
activities that do not trigger demolition, and which maintain one hundred percent (100%) of the
existing pedestrian amenity present on the site are exempt from this Section. Changes to
pedestrian amenity space as a result of required accessibility or building code compliance are
exempt from compliance with the twenty‐five percent (25%) requirement if demolition is not
triggered.
Sec.26.412.070 The property lot size is 12,794 sq.ft. and requires 25% or 3,199 sq.ft. of
public amenity space. There is an existing public amenity space of 5,330 sq.ft. This
application proposes a porch addition of a 499 sq.ft. that will cover a portion of the
existing pedestrian amenity space at grade (3,110 sq.ft. as proposed). The addition of
the second story deck pedestrian amenity bring the total pedestrian amenity area to
4,831 sq.ft. and meets the requirement.
Lot Size: 12,794 sq.ft. (gross and net)
25% of 12,794 = 3,199 sq.ft. required by code
REQUIRED EXISTING PROPOSED
Pedestrian Amenity: 3,199 sq.ft. 5,330 sq.ft.*4,831 sq.ft. > 3,199
*(grade 3,500 sq.ft. + second floor 1,830 sq.ft.)
LOT AREA PEDESTRIAN AMENITY
PA1.1 Maximize solar access to Pedestrian Amenity space on the subject property.
PA1.1 The existing pedestrian amenity space is appropriately located to the south of
the lot. The (3,000 s.f.) three thousand square foot plus size courtyard allows solar
access to all the buildings eight (8) units. There is no pedestrian amenity space on the
North side.
27
PA1.2 Consider all four corners of an intersection when designing street level amenity space on a corner lot.
PA1.2 While Mezzaluna is mid block, the overall building does sit on the North East
corner of the intersection of Hunter Street and Cooper Avenue. No new pedestrian
amenity space is proposed. To the North West was the Boogies Building which has
since been replaced. The South West side contains the Sky Gallery and the South East
side holds the Aspen Square Building.
PA1.3 Street level Pedestrian Amenity spaces should be equal to a minimum of 1/3 of the total Pedestrian
Amenity requirement.
PA1.3 The existing pedestrian amenity space is located in one contiguous space and
consists of 3,500 s.f. at street level. The lot size is 12,794 s.f. 25% of the existing lot
size equals 3,199 s.f. of required public amenity. The existing project has a surplus of
pedestrian amenity space. The proposed porch would not affect this requirement.
PA1.4 Street level Pedestrian Amenity shall be within 18" above or below the existing grade of the street or
sidewalk which abuts the space.
PA1.4 The existing pedestrian amenity space is level with the abutting public sidewalk.
PA1.5 Street level Pedestrian Amenity areas shall be open to the sky.
PA1.5 The proposed structure will shield a portion of the pedestrian amenity area
from the sky, but will still satisfy the code requirement as the property carries a
surplus of pedestrian amenity space. All portions of the covered pedestrian amenity
space will remain entirely open along the vertical planes and have direct and open
access to Cooper Avenue.
PA1.6 Design meaningful street level space that is useful, versatile, and accessible.
PA1.6 No new pedestrian amenity space is proposed. The addition of a porch over a
portion of the existing pedestrian amenity is proposed. It is appropriate as it creates a
usable space for restaurant seating.
PA1.7 Design amenity space that enhances the pedestrian experience and faces the street.
PA1.7 The proposed porch offers an option to the passing pedestrian of a protected
seating area while still outdoors in unconditioned space.
PA1.8 Street level Pedestrian Amenity space should reinforce the property line. Consider the context of the
block when selecting an appropriate technique.
PA1.8 A bench sits parallel to the South Property line offering definition. This is
reinforced by the corner of the island planter that is 28" above grade.
PA1.9 Street level Pedestrian Amenity may be appropriate on a case‐by‐case basis within the Commercial Core
Historic District..
28
PA1.9 Not Applicable. The property is not located in the Commercial Core Historic
District.
PA1.10 Street level Pedestrian Amenity may include providing public access to the mountain or river in the
Mountain Base and River Approach Character Areas through a trail easement, subject to Parks and
Engineering approval.
PA1.10 Not Applicable. The property is not located in the Mountain Base and River
Approach Character Areas.
PA1.11 Within the Main Street Historic District, required building setbacks may be used toward a Pedestrian
Amenity requirement.
PA1.11 Not Applicable. The property is not located in the Main Street Historic District.
PA2.1 A second floor Pedestrian Amenity shall be in the form of a deck that is visible from, and adjacent to
the street.
Railing height shall not be increased above the minimum IBC requirement.
Historic landmark parapets may be exempt, subject to HPC approval.
Railings shall be a minimum of 50% transparent unless located in the Commercial Core Historic
District where transparent railings may not be appropriate, given the pattern of decorative cornices
capping buildings.
PA2.1 The existing second level deck is both visible and adjacent to Cooper Avenue.
Railings are minimal, 36" brick facade parapet wall with 6" metal tube cap.
PA2.2 Pedestrian Amenity is highly discouraged on the roof of the second floor.
PA2.2 No pedestrian amenity is proposed on the roof of the second floor. All
pedestrian amenity is located at grade or as a deck on the second level.
PA2.3 Second floor amenity shall be accessed directly from the street.
Remodels and historic landmarks may be exempted from this requirement, subject to P&Z or HPC approval.
29
A separate exterior entrance is preferred.
A public access easement may be requested by the City as part of an approval.
PA2.3 Access to the second floor amenity is accessed directly from Hunter Street in the
form of an enclosed exterior staircase. Alternative access to the deck is via the
courtyard by a second enclosed exterior staircase. No changes are proposed in this
application. The second floor amenity is existing.
PA2.4 Second floor Pedestrian Amenity should be equal to a minimum of 50% of the total Pedestrian Amenity
requirement.
PA2.4 Grade level pedestrian amenity space equals 3,500 sq.ft. Second Floor
Pedestrian Amenity space equals 1,830 sq.ft. or 52%, meeting this requirement.
PA2.5 All second floor Pedestrian Amenity shall be open to the sky.
Small seasonal umbrellas or retractable canopies may be allowed, subject to Planning Staff, HPC or P&Z
approval, as long as these features do not cover the entire space and do not obstruct views in from the street.
PA2.5 Second Floor Pedestrian Amenity is open to the sky save for a retractable
umbrella thats use is seasonal.
PA2.6 Design meaningful space that is useful, versatile and accessible.
Small unusable spaces are inappropriate.
Consider providing space for future outdoor merchandising or restaurant seating opportunities.
Providing good solar access, mountain views, and seating is recommended.
Storage area or trash area are not allowed uses within pedestrian amenity space.
PA2.6 The design and usability of the Second Floor pedestrian amenity space is
contiguous and provides excellent southern solar access, mountain views, and open
seating. There are no storage or trash areas located on the deck.
PA2.7 The Pedestrian Amenity shall be directly connected to a publicly accessible area.
A second floor Pedestrian Amenity in a lodge may be accessible from a restaurant, lobby, or other adjacent
public space.
Access to second floor Pedestrian Amenity shall be integrated into the architecture, either through an interior
or exterior space.
PA2.7 Access to the second floor amenity is accessed directly from Hunter Street in the
form of an enclosed exterior staircase. Alternative access to the deck is via the
courtyard by a second enclosed exterior staircase. No changes are proposed in this
application. The second floor amenity is existing.
PA2.8 Design wayfinding to the second floor amenity into the architecture.
PA2.8 Wayfinding to the second floor amenity is achieved through the enclosed
30
EXTERIOR STAIRCASE OFF HUNTER STREET
PA3.1 ‐ PA3.2 Pedestrian Malls Pedestrian Amenity.
PA3.1 ‐ PA3.2 Not Applicable. The property is not located in the Pedestrian Mall Area.
PA4.1 New midblock Pedestrian Amenity walkways shall not be located in a block face that already has a
midblock walkway.
PA4.1 Not Applicable. The property does not include new pedestrian amenity located
in a block face that already has a mid block walkway.
PA4.2 Mid block Pedestrian Amenity shall provide access to additional commercial space.
PA4.2 The existing pedestrian amenity is designed as a courtyard that opens to
multiple commercial spaces as well as a stairway to second floor office space and deck
area. The courtyard extends more than 70 feet back from the street edge and offers
access to the alley.
PA4.3 Mid block Pedestrian Amenity walkways shall be open to the sky.
PA4.3 The mid block pedestrian amenity walkway is not open to the sky for the last 40
feet to the alleyway. It is covered by the principal building containing second floor
offices. The covered portions of the pedestrian amenity allow for the 25%
requirement to be met.
PA4.4 Design the space to be surrounded with high quality materials and architectural details.
PA4.4 The simple design uses the highest quality steel and black matte paint. The
31
color will match the existing building in both quality and appearance.
PA4.5 A mid block Pedestrian Amenity should include lighting and landscape elements.
PA4.5 The mid block pedestrian amenity includes three large planter islands. Existing
recessed lighting is included at all areas that are covered by the existing principal
building.
PA4.6 Design wayfinding to the mid block walkway into the architecture.
PA4.6 An emergency exit sign will be located at the north end of the roof structure.
PA5.1 ‐ PA5.9 Subgrade Courtyard Pedestrian Amenity.
PA5.1 ‐ PA5.9 Not Applicable. The property does not have subgrade courtyard
pedestrian amenity.
PA6.1‐PA6.5 Off‐site improvements shall be located within the block of the subject property.
PA6.1‐PA6.5 The applicant does not propose any off‐site pedestrian amenity
improvements but is open to any suggestion by P&Z in the event that they determine
it warranted. Applicant agrees to abide by all design standards relating to off‐site
pedestrian amenity.
PA7.1 ‐ PA7.6 Interior Courtyard Pedestrian Amenity.
PA7.1 ‐ PA7.6 Not Applicable. The property does not have interior courtyard
pedestrian amenity.
C. Commercial Character Area
This property is located within the Commercial Character Area as defined in the
Commercial, Lodging and Historic District Design Standards and Guidelines. All criteria
within this Character area should be addressed.
4.1 Properties adjacent to the Commercial Core Historic District require careful consideration when siting a
new building.
4.1 Not Applicable. The building has already been sited.
4.2 Variations on the traditional 19th‐century commercial design are encouraged.
4.2 The proposed design is simple and basic. It uses a skeleton frame construction
system, a typical 19th‐century commercial design characteristic.
4.3 Two‐story buildings area appropriate.
4.3 The existing building is a two‐story building. The second story is set back and has a
minimal footprint.
4.4 Maintain a minimum floor to ceiling height of 10 feet for the first floor and 9 feet for the second floor.
32
4.4 The existing building has a first story height of 11 feet and a second floor of 8 feet.
4.5 Maintain an architectural distinction between the street level and upper floors to reinforce 19th‐century
commercial traditions.
4.5 The proposed design is simple, basic, and driven by economic demand.
4.6 Flat roof forms are appropriate and reinforce the commercial nature of the neighborhood.
4.6 The proposed porch has a slight pitch of 3:12. Where it attaches to the side of the
building, there is a flat roof as suggested by this standard.
4.7 Large storefronts are recommended on the ground level.
4.7 No changes are proposed to the existing large storefront bay windows that wrap
the building at ground level.
4.8 If non‐traditional materials are used, they should be subtle in appearance and location and applied
using traditional techniques.
4.8 No applicable. Non‐traditional materials are not proposed.
33
34
DATE REVISION NOTES
TITLE #
PAGE #
the PBRworkshop
301 W. HYMAN STE. #6
ASPEN CO 81611
970-274-0481 or
amos@pbrworkshop.com
3.21.22 C.O.A. LU APPLICATION
N
MEZZALUNA
624 E. COOPER AVE.
ASPEN , COLORADO 81611
PARCEL ID
273718225005
VICINITY MAP
TEAM
DRAFTSMAN:
THE PBRWORKSHOP
301 W. HYMAN #6
ASPEN, CO 81611
(970) 274-0481
ENGINEERING:
ALBRIGHT & ASSOCIATES
401 PARK AVE
CARBONDALE, COLORADO 81623
(970) 927-4363
SITE
OWNER:
MEZZALUNA RESTAURANT
624 E. COOPER AVE
ASPEN, COLORADO 81611
MASONRY:
CHIP PATTERSON
ASPEN COLORADO
(970) 948-9566
1 - COVER
COVER
SHEET
CONTRACTOR:
RUTGERS CONSTRUCTION
256 TWINING FLATS ROAD
ASPEN, COLORADO 81611
(970) 925-8229
CONSULTING:
ASPEN DESIGN HOUSE
denise@aspendesignhouse.com
(970) 618-3174
@ AT
&AND
ABV.ABOVE
hpAC AIR CONDITIONING
ACT.ABOVE COUNTERTOP
ACOUST.ACOUSTICAL
ADDN'L.ADDITIONAL
ADJ.ADJACENT
AFF.ABOVE FINISH FLOOR
AGG.AGGREGATE
ALUM.ALUMINUM
ALT.ALTERNATE
ARCH.ARCHITECTURAL
AVG.AVERAGE
BD.BOARD
BF.BOTH FACES
BIC.BUILT-IN CABINET
BLDG.BUILDING
BLK.BLOCK
BLK'G.BLOCKING
BLW BELOW
BTM.BOTTOM
BTWN.BETWEEN
BVL.BEVELED
BW.BOTH WAYS
CAB.CABINET
CF CUBIC FEET
CLG.CEILING
CJ.CONTROL JOINT
CLR.CLEAR
CMU CONCRETE MASONRY UNIT
CNTR.COUNTER
C.O.CLEAN OUT
COL.COLUMN
COMP.COMPOSITION
CONC.CONCRETE
CONN.CONNECTION
CONT.CONTINUOUS
CONTR.CONTRACTOR
CT.CERAMIC TILE
DBL.DOUBLE
DET.DETAIL
DEPT.DEPARTMENT
D.F.DOUGLAS FIR
DIA.DIAMETER
DIM.DIMENSION
DIV.DIVISION
DN DOWN
DW DISHWASHER
DWG.DRAWING
(E)EXISITNG
EA.EACH
EJ.EXPANSION JOINT
ELECT.ELECTRIC/ELECTRICAL
ELEV.ELEVATION
EMER.EMERGENCY
EN.EDGE NAIL
EOP.EDGE OF PAVEMENT
EOS.EDGE OF SLAB
EQ.EQUAL
EQUIP.EQUIPMENT
EXT.EXTERIOR
FA.FIRE ALARM
FACP FIRE ALARM CONTROL PANEL
FAU FORCED AIR UNIT
FFE.FINISHED FLOOR ELEVATION
FG.FIXED GLASS
FH.FIRE HYDRANT
FIN.FINISH
FLR.FLOOR
GA.GAUGE
GALV.GALVANIZED
GC.GENERAL CONTRACTOR
GFI.GROUND FAULT INTERRUPTER
GI.GALVANIZED IRON
GLB.GLUED LAMINATED BEAM
GND.GROUND
GSM.GALVANIZED SHEET METAL
GYP.BD. GYPSUM WALL BOARD
HB HOSE BIBB
HC HOLLOW CORE / HANDICAP
HDWR.HARDWARE
HORIZ.HORIZONTAL
HP.HIGH POINT
HT.HEIGHT
HTG.HEATING
HVAC HEATING/VENTILATION/AIR CONDITIONING
HW.HOT WATER
IBC.INTERNATIONAL BUILDING CODE
ID.INSIDE DIAMETER
INCL.INCLUDED
INFO.INFORMATION
INSUL.INSULATION
INT.INTERIOR
INF.INFRARED
IRC. INTERNATIONAL RESIDENTIAL CODE
LAM.LAMINATE
LB.POUND
LF.LINEAL FOOT
LVL.LAMINATED VENEER LUMBER
MAX.MAXIMUM
MECH.MECHANICAL
MFR.MANUFACTURER
MH.MAN HOLE
MIN.MINIMUM
MIR.MIRROR
MISC.MISCELLANEOUS
MW.MICROWAVE
MOD.MODULE
MTL.METAL
(N)NEW
NEC NATIONAL ELECTRIC CODE
NIC.NOT IN CONTRACT
N/A NOT APPLICABLE
NTS.NOT TO SCALE
O/OVER
O.C.ON CENTER
O.D.OUTSIDE DIAMETER
OFD.OVERFLOW DRAIN
OH.OVERHEAD
OPP.OPPOSITE
PERF.PERFORATED
PLAM.PLASTIC LAMINATED
PLYWD PLYWOOD
PNT.PAINT
PP.POWER POLE
PSF POUNDS PER SQUARE FOOT
PT.PRESSURE TREATED
PVC.POLY VINYL CHLORIDE
PVMT.PAVEMENT
PUE.PUBLIC UTILITY EASEMENT
QT.QUARRY TILE
R.RISER
RAD.RADIUS
RD.ROOF DRAIN
RDWD.REDWOOD
REINF.REINFORCING
REF.REFRIGIERATOR
REQ'D REQUIRED
RET.RETAINING
REV.REVISION
RM.ROOM
RO.ROUGH OPENING
SC.SOLID CORE
SCHED.SCHEDULE
SD SOAP DISPENSER
SDR.STORM DRAIN
SECT.SECTION
SF SQUARE FOOT/FEET
SHT.SHEET
SHLVS.SHELVES
SHWR.SHOWER
SIM.SIMILAR
SLR.SEALER
SPECS.SPECIFICATIONS
SQ.SQUARE
S&P SHELF & POLE
SS SANITARY SEWER
S.S.D.SEE STRUCTURAL DRAWINGS
S.ST.STAINLESS STEEL
STD.STANDARD
STL.STEEL
STOR.STORAGE
STRUCT.STRUCTURAL
SUSP.SUSPENDED
S.W.SHEARWALL
T.TREAD
TC.TRASH COMPACTOR
TEL.TELEPHONE
TEMP.TEMPERED
T&G TONGUE & GROOVED
TV TELEVISION
TYP.TYPICAL
UON UNLESS OTHERWISE NOTED
UPN UNIFORM PLUMBING CODE
VCT VINYL COMPOSITION TILE
VENT.VENTILATION
VERT.VERTICAL
VIF.VERIFY IN FIELD
VNR.VENEER
W/WITH
WC.WATER CLOSET
WD.WOOD
W.WASHER
WH.WATER HEATER
W/O WITHOUT
WP.WATER PROOF
YD.YARD
ABBREVIATIONS PROJECT DATA
JURISDICTION:
CITY OF ASPEN BUILDING DEPARTMENT
130 S. GALENA, 3RD FL.OOR
ASPEN CO, 81611
APPLICABLE CODES:
2015 International Existing Building Code
DESIGN CRITERIA:
GROUND SNOW LOAD 100 psf
WIND DESGIN SPEED 89/B
SISMEIC DESIGN CAT C
WEATHERING SEVERE
FROST LINE DEPTH 36"
TERMITE NONE TO SLIGHT
DECAY NONE TO SLIGHT
WINTER DESIGN TEMP -15F
UNDERLAYMENT YES
FLOOD HAZARD NONE
AIR FREEZING INDEX 2000
MEAN ANNUAL TEMP 40
SHEET INDEX
1-COVER Cover Sheet and Index
A.1.1 Pedestrian Amenity Calculations
Parcel ID: 273718225005
Property Address: 624 E.COOPER AVE. ASPEN CO 81611
HUNTER PLAZA - 600 E. COOPER AVE.
Type: C-1 DISTRICT
NO CHANGE TO FAR A.1.0 Site Plan, Roof Plan, Porch Elevations
A.2.0 Foundation Exploration
PORCH - ADDITION
SURVEY Survey - 98'
HUNTER PLAZA PERSPECTIVE
SURVEY Survey - 06'
35
36
37
DATE REVISION NOTES
TITLE #
PAGE #
the PBRworkshop
301 W. HYMAN STE. #6
ASPEN CO 81611
970-274-0481 or
amos@pbrworkshop.com
3.21.22 C.O.A. LU APPLICATION
N
499 sq.ft.
PORCH
38'-5"
14'-5"
28'-9"
38'-5"
14'-5"
28'-9"
38'-5"
11'-11"
8'-8"
19'-4"
PRO-PANEL METAL
CLASS "A"
ROOF SYSTEM
METAL COLUMN
ATTACH TO ISLAND
PLANTER PER ENGR.
METAL FLASHING
8'-8"11'-11"
14'-5"
MEZZALUNA
624 E. COOPER AVE.
ASPEN , COLORADO 81611
PARCEL ID
273718225005
PROPOSED SOUTH ELEVATION - 1/4" SCALE
PROPOSED ROOF PLAN - 1/4" SCALEPROPOSED SITE PLAN - 1" = 10' SCALE
PROPOSED WEST ELEVATION - 1/4" SCALE
PRO-PANEL METAL
CLASS "A"
ROOF SYSTEM
BENCH
ISLAND
PLANTER
FENCE
3:12
3
12
A 1.0
SITE, ROOF
ELEVATION
38
DATE REVISION NOTES
TITLE #
PAGE #
the PBRworkshop
301 W. HYMAN STE. #6
ASPEN CO 81611
970-274-0481 or
amos@pbrworkshop.com
3.21.22 C.O.A. LU APPLICATION
N
MEZZALUNA
624 E. COOPER AVE.
ASPEN , COLORADO 81611
PARCEL ID
273718225005
PEDESTRIAN AMENITY CALCULATIONS
LOT AREA = 12,794 SQ.FT. (AREA IN GRAY)
REQUIRED PEDESTRIAN AMENITY = 25% of 12,794 = 3,199 SQ.FT.
EXISTING PEDESTRIAN AMENITY @ GRADE (AREA IN GREEN)
= 3,500 SQ.FT.
EXISTING PEDESTRIAN AMENITY @ SECOND FLOOR (AREA IN GREEN w/HATCH)
= 1,830 SQ.FT.
PROPOSED PEDESTRIAN AMENITY
3,110 SQ.FT.(GRADE) + 1,830 SQ.FT. (2ND. FLR.) = 4,940 SQ.FT.
*Calculation of pedestrian amenity shall include stairs,
walkways or other means of accessing pedestrian
amenity space from rights-of-way or internal circulation
ways counted as non-unit space per Section 26.575.020.
A 1.1
PEDESTRIAN
AMENITY
39
DATE REVISION NOTES
TITLE #
PAGE #
the PBRworkshop
301 W. HYMAN STE. #6
ASPEN CO 81611
970-274-0481 or
amos@pbrworkshop.com
3.21.22 C.O.A. LU APPLICATION
N
MEZZALUNA
624 E. COOPER AVE.
ASPEN , COLORADO 81611
PARCEL ID
273718225005
#1 FOUNDATION EXPLORATION
#2 FOUNDATION EXPLORATION
CONCRETE
UNDERSLAB
CONCRETE
UNDERSLAB
5" THCK.
FINISH SLAB
4" THCK
BRICK PAVER
2" THCK. OVER 1" SAND BASE
+0"
+4"
+22"
T.O.SLAB
T.O. WALL
T.O. FINISH SLAB
12/2/21 FOUNDATION EXPLORATIONDONE BY CHIP PATTERSON 970-948-9566
A 2.0
FOUNDATION
EXPLORATION
40
41
42
43
44
45
46
47
Legal Description
Property Address: 624 E COOPER AVE, ASPEN, CO 81611 - Mezzaluna
(602 E COOPER AVE, ASPEN, CO 81611 - Hunter Plaza Associates LLC)
Subdivision: CITY AND TOWNSITE OF ASPEN Block: 100 Lot:K
AND:- Lot: Thru O PT OF K-O
48
Vicinity Map
49
50
51
PRE-APPLICATION CONFERENCE SUMMARY
DATE: October 21, 2020
PLANNER: Kevin Rayes | kevin.rayes@cityofaspen.com | 970.429.2797
PROJECT NAME AND ADDRESS: Mezzaluna / 624 E. Cooper | Installation of an Exterior Trellis/Canopy
PARCEL ID# 2737-182-25-005
REPRESENTATIVE: N/A
DESCRIPTION: The subject property is home to Mezzaluna, a restaurant located within the Commercial (C-1) zone
district. Exterior seating associated with the restaurant is located within an adjacent courtyard. This area contains
several temporary umbrellas and heating structures, but otherwise remains uncovered and open to the sky.
The applicant plans to install a trellis or canopy in the courtyard to provide more robust weather protection for
patrons dining outside. At this time, details related to materials, design and size of the structure are being
contemplated. Based on initial conversations, the applicant prefers to install a permanent structure with
retractable awnings along the walls and on the roof.
The land use reviews’ and mitigation fees associated with installing a structure can vary substantially. This pre-
application provides three options for the applicant to consider.
OPTION 1: Pursue Land Use Approval to Install a Permanent Structure:
❖ Install a Structure that is Open on All Sides:
Installing a permanent structure, that is open on all sides, requires Commercial Design Review and approval
from the Planning and Zoning Commission (P&Z), pursuant to Code Section 26.412, Commercial Design
Review. As of the date of this pre-application, P&Z could review this request in January 2021 at the earliest.
The Commercial Design Review Criteria are strict, and approval is not guaranteed. The criteria
prescribed in the Commercial, Lodging and Historic District Design Standards and Guidelines should be
addressed. These criteria are broken down into the following three sections:
1. General Review Criteria
All General review criteria should be addressed. Particular attention should be given to the
criteria related to Materials and Details (1.22-1.25). For example, materials should have proven
durability and weathering characteristics within Aspen’s climate. Additionally, materials should
be non-reflective. Shiny or glossy materials no not appropria te as a primary material.
2. Pedestrian Amenity Space
Commercial, Lodging and Historic District Design Standard, PA1.5 requires street level
Pedestrian Amenity areas to be open to the sky. Given the proposed scope of work , complying
with this standard on-site may be a challenge. Land Use Code Section 26.412.070.B, Provision of
Pedestrian Amenity , outlines several alternatives that may be used to meet the requirement .
3. Commercial Character Area
This property is located within the Commercial Character Area as defined in the Commercial,
Lodging and Historic District Design Standards and Guidelines. All criteria within this Character
area should be addressed.
Following review and approval from P&Z, the application will be subject to Call Up from City Council as
required in Land Use Code Section 26.412.40.F.3, Call-up. Depending on the final design and proposed
scope of work, additional reviews may be necessary. Upon receipt of an application, Community
Development staff will inform the applicant if additional reviews will be needed.
52
1. Mitigation is required only for the days in excess of 14 in a 12 -month period and may be paid via
cash-in-lieu.
❖ Installing an Enclosed Structure:
The applicant is considering installing a canopy or trellis structure. Pursuant to Land Use Code Section
26.470.070, Exempt Development, trellis structures and retractable canopies are exempt from Growth
Management and Commercial Design Review provided the structure remains open on all sides and does
not contain any form of walls, screens or windows.
If retractable walls, screens or windows are permanently affix ed to the structure, the entire footprint
of the structure would likely count as net leasable space and would need to mitigate according to Land
Use Code Section 26.470.050, Calculations.
If retractable walls, screens or windows are installed to the structure but ar e removable then the
following would apply: whenever walls, screens or windows are installed , Growth Management Review
and Commercial Design Review would be considered exempt if the installations remain for 14 days or
less in a 12-month period and are approved pursuant to Chapter 26.450, Temporary & Seasonal Uses.
Walls, screens or windows installed longer than 14 days in a 12-month period must comply with
Commercial Design standards and Growth Management Review.1 For example, if the applicant wishes
to enclose the structure during the winter months, both reviews would apply and affordable housing
mitigation would be required.
Example: If Walls, screens or windows are installed on a 600 sq. ft. canopy or trellis for 21 days,
mitigation would be required for a total of seven days . The mitigation calculation includes the expected
lifespan of a building, which is currently 30 years. The Code prescribes a generation rate of 4.7 FTEs per
1,000 sq. ft. of net leasable space. Lastly, the code requires a mitigation rate of 65 percent.
The calculation is as follows:
• 600 sq. ft. / 1,000 sq. ft. = .6 sq. ft.
• 0.6 sq. ft. x 4.7 FTEs = 2.82 FTEs Generated
• 2.82 FTEs x 65% mitigation rate = 1.833 FTEs to be mitigated if structures are in use
100 % of the year
• FTEs / 365 days per year = 0.0050219 daily rate
• 0.0050219 x 7 days = 0.0351533FTEs
• 0.0351533 x $342,599.02 cash -in-lieu rate= $12,043.45
• $12,043.45 / 30 years = 401.44 due for mitigation of the structure for 7 days
OPTION 2: Install a temporary structure for Winter 2020 -2021 and remove it by May 1, 2021 :
Existing public health orders have reduced the maximum occupant capacity in restaurants. To support
businesses, the City of Aspen is exempting Commercial Design Review and Growth Management for
temporary enclosures installed during the Winter of 2020 -2021. The applicant may consider installing a
temporary enclosure for the upcoming winter with the understanding that any temporary enclosures,
signage, lighting and structures must be removed by May 1, 2021.
Option 3: Install a temporary enclosure for Winter 2020-2021 and pursue land use approvals to permanently
maintain the structure:
If the applicant is interested in erecting a permanent structure as soon as possible, one could be installed
during the Winter of 2020 -2021. The structure would be exempt from Growth Management Review and
Commercial Design Review until May 1, 2021. In the interim, the applicant could pursue the necessary land
use approvals described above to maintain the structure permanently. As previously mentioned,
Commercial Design Review is strict and there is no guarantee the structure would be approved permanently.
Failure to receive approval by May 1 st would require immediate removal of the structure.
53
RELEVANT LAND USE CODE SECTIONS:
Section Number Section Title
26.304 Common Development Review Procedures
26.470.080 General Review Standards
26.470.100.E Growth Management, Expansion or new commercial development
26.412 Commercial Design Review
26.412.40.F.3 Call-up
For your convenience – links to the Land Use Application, the Land Use Code and the Commercial, Lodging, &
Historic District Design Standards and Guidelines are below:
Land Use Application Land Use Code Commercial Design Standards
REVIEW BY: Options 1 & 3: Permanent Structure (Remaining past May 1, 2021):
▪ Community Development staff for complete application and:
o If permanent, open structure: Planning & Zoning Commission for
Commercial Design Review
o If permanent, enclosed structure: City Council for Commercial Design and
Growth Management Review
Option 2: Temporary Structure (Removed by May 1, 2021):
▪ Community Development staff for administrative review
PUBLIC HEARING: Options 1 & Option 3- Yes
▪ Permanent Open Structure: Planning & Zoning Commission
▪ Permanent Enclosed Structure: City Council
PLANNING FEES: Options 1 & 3:
$3,250 Deposit for 10 hours of staff time (additional or less hours will be billed or
refunded at a rate of $325 per hour)
REFERRAL FEES: $325 per hour, City Engineering- additional hours will be billed as necessary
TOTAL DEPOSIT: $3,575
APPLICATION CHECKLIST – PLEASE EMAIL APPLICATION TO: KEVIN.RAYES@CITYOFASPEN.COM
Completed Land Use Application and signed Fee Agreement.
Pre-application Conference Summary (this document).
Street address and legal description of the parcel on which development is proposed to occur,
consisting of a current (no older than 6 months) certificate from a title insurance company, an
ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing
the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and
agreements affecting the parcel, and demonstrating the owner’s right to apply for the Development
Application. The purpose of this requirement is to show that the Applicant has the authority to apply
for a Land Use Case.
A written description of the proposal and an explanation in written, graphic, or model form of how the
proposed development complies with the review standards relevant to the development application .
Please include drawings/diagrams of the preferred lot configuration.
A recent site improvement survey (no older than 1 year)
54
A letter from the HOA discussing the preferred lot configuration.
HOA Compliance form (Attached to Application)
Once the copy is deemed complete by staff, the following items will then need to be submitted:
Total fee for review of the application.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on
current zoning, which is subject to change in the future, and upon factual representations that may or may not
be accurate. The summary does not create a legal or vested right.
55
MEMORANDUM
TO: City of Aspen Planning and Zoning Commission
FROM: Jeffrey Barnhill, Planner I
THROUGH: Amy Simon, Planning Director
MEMO DATE: June 10, 2022
MEETING DATE: June 21, 2022
RE: P&Z Recommendation related to FIL requests to City Council
REQUEST OF THE PLANNING AND ZONING COMMISSION:
The Planning and Zoning Commission is asked to review, consider and send a
recommendation to City Council related to Affordable Housing Mitigation requirements
and the ability for four properties currently in the building permit review process to pay
Fee-in-Lieu (FIL) to meet mitigation requirements. This recommendation and the eventual
review by Council is a response to a current shortage of available Affordable Housing
Certificates in the market.
Staff recommends P&Z approve the Resolution – providing P&Z support for the
identified properties/projects to pay FIL.
SUMMARY AND BACKGROUND:
The Affordable Housing Certificates Program – now in effect for over a decade – has
been successful in providing incentive for the private sector to produce affordable housing
units. Since the inception of the program, housing fo r more than 100 FTEs has been
produced – without any public dollars being expended.
The program is dependent on two things: 1) the willingness of the private sector to
successfully complete affordable housing projects, and 2) the demand for AH credits by
free-market commercial and residential development to meet their mitigation
requirements. The City, to encourage the program, established AH Certificates as the
preferred means to provide affordable housing mitigation for single-family and duplex
development. Primarily, this was accomplished by disallowing the payment of FIL for
mitigation requirements above 0.1 FTEs. A property owner pursuing a permit may pay
the first 0.1 FTEs due for a given project in cash, but to the extent that additional mitigation
is due above this threshold, AH Certificates must be provided to meet the mitigation
calculated for the project. (Please note that there are other alternatives, such as
voluntarily deed restricting the subject unit to Resident Occupied, or buying another free-
market residential unit in town and deed restricting it as mitigation, however these have
been unpopular and likely cost prohibitive options.)
56
Staff Memo, P&Z Recommendation
Page 2 of 4
The Land Use Code has long offered a process for paying FIL over 0.1 FTEs with cash
for larger mitigation requirements, but it requires a request and approval by Council,
following a recommendation from P&Z. No applicant has pursued that option due to a
perception that approval would be unlikely. Following is the code language that describes
this process:
26.470.110.
C. Provision of required affordable housing via a fee-in-lieu payment. The provision of
affordable housing in excess of 0.10 Full-Time Equivalents (FTEs) via a fee-in-lieu payment, upon a
recommendation from the Planning and Zoning Commission shall be approved, approved with conditions
or denied by the City Council based on the following criteria:
1) The provision of affordable housing on site (on the same site as the project requiring such
affordable housing) is impractical given the physical or legal parameters of the development or
site or would be inconsistent with the character of the neighborhood in which the project is
being developed.
2) The applicant has made a reasonable, good-faith effort in pursuit of providing the required
affordable housing off site through construction of new dwelling units, the deed restriction of
existing dwelling units to affordable housing status, or through the purchase of affordable
housing certificates.
3) The applicant has made a reasonable, good-faith effort in pursuit of providing the required
affordable housing through the purchase and extinguishment of Certificates of Affordable
Housing Credit.
4) The proposal furthers affordable housing goals, and the fee-in-lieu payment will result in the
near-term production of affordable housing units.
The City Council may accept any percentage of a project's total affordable housing mitigation to be
provided through a fee-in-lieu payment, including all or none.
At present, there are not AH Certificates available in the marketplace. There are a
number of Certificates unextinguished (40+ FTEs), but they are unavailable for purchase
as they are held by entities that have already dedicated their use to commercial and
residential projects in the pipeline. Staff has confirmed this condition through analysis of
the spreadsheet that we use to track the Certificates program and correspondence with
individuals that are seeking Certificates to meet mitigation requirements associated with
building permits and previous projects that have AH Deferral Agreements for working
locals. Staff has also had conversations with the entities that are holding unextinguished
Certificates to understand their intentions. It is clear that there is a problem in the market.
As noted above, in the 10+ year history of the Certificates Program, these requests
represent the first time that we have had requests to pay FIL above the 0.1 FTE threshold.
Looking at potential AH Certificates projects that are in the development pipeline, this is
a condition in the market that is going to take some time to resolve.
57
Staff Memo, P&Z Recommendation
Page 3 of 4
In response, staff has established a policy and a process to facilitate these requests in a
“batched” review. In Quarter 1 of this year, five property owners requested to pay FIL for
their full mitigation. It is now Quarter 2. At this meeting, P&Z is asked to consider requests
from two property owners to pay FIL for their full mitigation. These projects have both
exhausted their opportunities to purchase and extinguish Afforda ble Housing Certificates.
These are both projects that require 1.5 FTE or less in meeting mitigation requirements
and are for building permits that are in their final stages prior to issuance, or are previously
completed projects that were granted mitigation deferrals for local, working residents. It
is important to note that the projects that are a part of this request to pay FIL have
mitigation requirements that are just a fraction of an FTE over the 0.1 mitigation that can
be paid in cash by right. It is not reasonable to expect the property owners to pursue the
other mitigation options offered by the code for the relatively small employee generation
related to their homes.
It is intended that until the shortage conditions in the market improve, that this process
will occur quarterly.
STAFF DISCUSSION:
With staff’s confirmation of the conditions in the Certificates market, it was clear that a
solution needed to be identified to allow otherwise compliant development projects to
proceed through the permit issuance process.
It is hoped that this process will accomplish the following:
1) provide some predictability for projects that are in the development pipeline and
are nearing building permit issuance.
2) prevent the clogging up of P&Z and Council agendas with these requests.
3) maintain important components of the AH Certificates Program, so that the
essentials of the program are not undermined.
4) Allow for a seamless and simple transition back to AH Certificates as the primary
mechanism for mitigation once the market conditions improve.
In staff’s view, if the process is not facilitated in this way, it would likely lead to suboptimal
outcomes for Community Development customers that have projects that have mitigation
requirements and additionally, could potentially undermine important aspects of Aspen’s
AH mitigation system.
Below are the projects that are requesting to pay FIL in this round of review. In the
information provided for each, the FTE and dollar amounts of the FIL a re estimates that
will be confirmed and finalized as the last step of the building permit process. The land
use code establishes that FIL for most residential mitigation is to be calculated at the
Category 2 level, which is currently $376,475 per FTE. These numbers will typically not
change, unless a small technicality emerges in the final reviews.
58
Staff Memo, P&Z Recommendation
Page 4 of 4
• 411 Pearl Court – 1.06 FTE / $399,063.50 (Building Permit)
• 114 W Hopkins (Molly Gibson Residences) - 1.13 Cat 4 FTE / $269,716.36
(Building Permit) (Please note that the Molly Gibson Residences are associated
with the redevelopment of the Molly Gibson Lodge and as such mitigation was
approved during Planned Development review to be at Category 4, which requires
a fee of $238,687.04 per FTE [Ordinance No. 3, Series of 2015]. The Molly Gibson
Residences required 2.65 Category-4 FTEs for mitigation. They purchased 1.52
Category-4 FTEs which left them 1.13 Category-4 FTEs short which they hope to
mitigate with this process. [See Exhibit A])
CONCLUSION AND NEXT STEPS:
On July 12, 2022, Council will consider P&Z’s recommendation and will decide whether
to authorize FIL for the identified projects. With this approval, each of the projects would
pay the finalized FIL amount as part of the permit issuance process. It is likely that this
process will be replicated in Quarter 3 of 2022 – sometime in early September.
RECOMMENDATIONS: Staff recommends the Planning and Zoning Commission
approve Resolution XX, providing support for payment of FIL for the subject properties.
EXHIBITS:
A – Letters from the applicants that were included as part of the application to
request to pay FIL
59
60
May 25, 2022
City of Aspen
Attn: Jeffery Barnhill via email: jeff.barnhill@aspen.gov
130 S. Galena St.
Aspen, CO 81611
(970) 920-5090
Owner Info
Attn: Lauren Scannell
Elevate Development and Design No. 002, LLC
PO Box 5223
Snowmass Village, CO 81615
email: Lauren@elevatednd.com
(317) 730-3783
Re: Fee-in-Lieu Housing Mitigation for a New Single Family Residence at 411 Pearl Court, Aspen,
Colorado
Dear City of Aspen Community Development Department,
We’d like to request a fee-in-lieu housing mitigation for the affordable housing , School Land Fees, Parks
Fees and TDM/Air Quality. Alongside our client, our planners, and ourselves reached out and exhausted
our options for trying to secure credits. It seems at this time there are no significant number of affordable
housing credits available in our community. Our client understands the community's need for the fee and
is prepared to provide a check for the required 1.01 Category 2 FTEs totaling a sum of $380,239.75, for
single family residence at 411 Pearl Court..
Signed:
Nick Miscione, AIA, Principal Design Architect
MISCIONE DESIGN STUDIO -- ARCHITECTURE & INTERIORS -- 116 S. BILL CREEK ROAD, CARBONDALE, CO 81623 -- 970.315.2371
61
Planning and Zoning Commission
Res. No. xx, Series of 2022
Page 1 of 2
RESOLUTION NO. xx
(SERIES OF 2022)
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING APPROVAL BY CITY COUNCIL OF THE ABILITY OF CERTAIN
DEVELOMENT PROJECTS TO PAY FEE-IN-LIEU FOR REQUIRED AFFORDABLE
HOUSING MITIGATION REQUIREMENTS, PER MUNICIPAL CODE SECTION
26.470.110.C.
WHEREAS, The Affordable Housing Certificates Program has been established as the
preferred mechanism within the Land Use Code to provide required affordable housing mitigation;
and,
WHEREAS, the Land Use Code provides a process for an applicant to make a request to
Aspen City Council to pay Fee-in-Lieu in meeting mitigation requirements as an alternative to
Affordable Housing Certificates in Section 26.470.110.C; and,
WHEREAS, Community Development Staff has analyzed the current market conditions
for Affordable Housing Certificates and has determined that there is a shortage, making it
practically impossible to acquire Affordable Housing Certificates; and,
WHEREAS Community Development has presented and discussed this issue with the
Planning and Zoning Commission; and,
WHEREAS, at a regular meeting on June 21, 2022, the Planning and Zoning Commission
considered the requests of two property owners to pay Fee-in-Lieu in meeting affordable housing
mitigation requirements, and reviewed staff’s memo, and by a X - X (X-X) vote approves
Resolution No. XX, Series of 2022, recommending Council consideration and approval of the
requests to pay Fee-in-Lieu.
NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF ASPEN, COLORADO THAT:
Section 1:
Planning and Zoning Commission recommends the following projects be allowed to pay Fee-in-Lieu
in meeting affordable housing mitigation requirements:
411 Pearl Court – Building Permit - 1.06 FTE / Category 2 - $399,063.50
114 W Hopkins Ave – Building Permit - 1.13 FTE / Category 4 - $269,716.36
The FTE and valuations of the Fee-in-lieu as presented are estimates only and will be finalized prior
to building permit issuance.
Section 2:
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.
62
Planning and Zoning Commission
Res. No. xx, Series of 2022
Page 2 of 2
Section 3:
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.
FINALLY, adopted, passed, and approved this 21st day of June 2022.
Approved as to form: Approved as to content:
______________________________ __________________________________
Katherine Johnson, Assistant City Attorney Teraissa McGovern, Chair
Attest:
_______________________________
Cindy Klob, Records Manager
63