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RECEPTION#: 692090, R: $33.00, 0: $0.00
DOG CODE: RESOLUTION
pg 1 of 5, 1211612022 at 01:38:20 PM
Ingrid K. Grueter, Pitkin County, CO RESOLUTION #15, SERIES OF 2022
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION
GRANTING A SUBSTANTIAL AMENDMENT TO MAJOR DEVELOPMENT
APPROVAL FOR THE PROPERTY LOCATED AT 422-434 E. COOPER AVENUE,
LOTS Q, R, S AND THE WESTERLY 20.65 FEET OF LOT P, BLOCK 89, CITY AND
TOWNSITE OF ASPEN, COLORADO
PARCEL ID: 2737-182-16-011
WHEREAS, the applicant, 434 East Cooper Avenue, LLC, represented by BendonAdams, has
requested review of a Substantial Amendment to Major Development approval for the property
located at 422-434 E. Cooper Avenue, Lots Q, R, S and the westerly 20.65 feet of Lot P, Block
89, PID#2737-182-16-011, City and Townsite of Aspen, Colorado; and
WHEREAS, the subject property is currently excavated, with a foundation for a new structure
partially in place. The property is located in the Commercial Core Historic District and therefore
redevelopment review is within the purview of the Historic Preservation Commission (HPC);
and
WHEREAS, the approval to be amended was granted through HPC Resolution #35, Series of
2016. The resulting Development Order provided Vested Rights through May 4, 2020. A timely
building permit was submitted and is currently in good standing, however the Vested Rights to
construct the project will only be sustained by active pursuit of project construction according to
the provisions of the 2015 International Building Code; and
WHEREAS, according to Municipal Code Section 26.304.070.A, amendments to vested
projects shall be considered either minor in scope or major in scope. Minor amendments shall
continue to be reviewed according to the land use code under which the plan was approved for
the period of statutory vested rights. The Community Development Department applied the code
language provided at Section 26.304.070A.4, and a Code Interpretation issued by the
Community Development Director on April 20, 2020 to determine that the scope of work
represented in this application qualifies as a Minor Amendment; and
WHEREAS, the approval to be amended included a Certificate of Appropriateness for Major
Development, Commercial Design Review and Growth Management. The Municipal Code in
place at the time of initial application for this project in May 2015 defines amendments to a
Historic Preservation Commission approval as Insubstantial or Substantial, and the application of
Section 26.415.070.E.2.a, which states that "all changes to approved plans that materially modify
the location, size, shape, materials, design, detailing or appearance of the building elements as
originally depicted" indicates that the subject application must be approved by the HPC as a
substantial amendment. Municipal Code Section 26.412.080.13 similarly indicates that a
substantial amendment to the commercial design review previously granted by HPC is required;
and
WHEREAS, HPC is to review the application, the staff analysis report and the evidence
presented at the hearing to determine the project's conformance with the City Historic
HPC Resolution #15, Series of 2022
Page 1 of 5
Preservation Design Guidelines and the Commercial, Lodging and Historic District Design
Standards and Guidelines. The HPC may approve, disapprove, approve with conditions or
continue the application to obtain additional information necessary to make a decision to approve
or deny. Because the guidelines are referenced in the Municipal Code, but not codified, this
review is subject to current guidelines, not those in place in May 2015; and
WHEREAS, Community Development Department staff reviewed the application for
compliance with applicable review standards and recommended partial approval of the
application, with conditions; and
WHEREAS, HPC reviewed the project on September 14, 2022 and continued the review to
October 12, 2022 with direction for restudy. At that time the Commission considered the
application, the staff memo and public comments, and granted approval of the application, with
conditions, by a vote of 5-0.
NOW, THEREFORE, BE IT RESOLVED:
Section 1: Approvals
The Substantial Amendment is approved as proposed with the following conditions.
A. The two approved skylights will be glazed with dynamic glass and will be darkened at night,
as represented by the applicant.
B. This approval shall cause issuance of a revised Development Order pursuant to Municipal
Code Section 26.304.070.13, but shall not effect a new expiration date of the Development
Order, or in any way re -instate the vested rights established by HPC Resolution #35, Series
of 2016, which have expired. In order to sustain the approval granted through HPC
Resolution #35, Series of 2016, and the Development Order that provided Vested Rights
through May 4, 2020, the applicant must actively pursue and execute building permit 0055-
2020-BOOM, meeting all requirements for progress as described by the 2015 International
Building Code. Should the permit lapse, the entire approval, including this amendment, shall
be invalid.
C. This amendment qualifies for, and is subject to the separate issuance of an administrative
approval for development within a view plane.
D. Design and placement of all exterior mechanical equipment requires review and approval by
staff and monitor prior to' submittal of building permit.
E. In the building permit, the applicant must include air curtains or airlocks at all exterior entries
as required by design standards.
F. All conditions of HPC Resolution #35, Series of 2016, remain in effect, except as amended
below with elimination of conditions #13 and #14, which have since been satisfied:
1. The Transportation Impact Analysis is approved, subject to amendment at building
permit review to address the final calculation of new net leasable area generated by the
combined development at 422 and 434 E. Cooper Avenue. Any revisions to MMLOS
HPC Resolution #15, Series of 2022
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and TDM mitigation and/or net trips to be mitigated through a cash -in -lieu payment shall
be approved by the City of Aspen Engineering Department.
2. The Public Amenity requirement for 422 E. Cooper Avenue was approved through HPC
Resolution #26, Series of 2012, to be in the form of off -site improvements to the
Pedestrian Malls equal to the mitigation that would otherwise have been required on site.
The off -site improvements shall equal or exceed the value of a cash -in -lieu payment of
$90,000, calculated as $100 x 900 square feet (10% of the lot area). The improvements
shall be subject to review and approval by the City of Aspen Engineering Department and
City of Aspen Parks Department.
The Public Amenity requirement for 434 E. Cooper Avenue has been amended from a
cash -in -lieu payment to off -site improvements to the Galena Street right of way, subject
to review and approval by the City of Aspen Engineering Department and City of Aspen
Parks Department. The off -site improvements shall equal or exceed the value of a cash -
in -lieu payment of $90,000, calculated as $100 x 900 square feet (10% of the lot area).
4. HPC has approved the allocation of 7,507 square feet of net leasable area to 434 E.
Cooper subject to the provision of affordable housing credits to be provided and
extinguished prior to the issuance of a building permit.
5. The development approved for the 422 E. Cooper Avenue site appears to result in a credit
for employees generated. Any credit will be calculated at the time of building permit and
may be available to the property for a period not to exceed one year per Section
26.470.130 of the Municipal Code. Reconstruction rights shall be limited to
reconstruction on the same parcel or on an adjacent parcel under the same ownership.
6. The development approved for the 422 E. Cooper Avenue site appears to reduce the
overall deficit of parking on that property, however this reduction in the existing deficit
shall not create a parking credit that can be applied to development at 434 E. Cooper
Avenue or any other property.
7. The development approved for the 434 E. Cooper Avenue site requires parking
mitigation, which will be in the form of a cash -in -lieu payment to be calculated at the
time of building permit.
8. The brick used for the project is not permitted to be a tumbled brick and the steel pilaster
caps are to be eliminated from the design.
9. Samples of all exterior materials for the development of 422 and 434 E. Cooper Avenue
shall be reviewed and approved by HPC staff and monitor.
10. "Chicken wire glass" has been accepted by HPC in concept for installation in the
storefront transoms and the multi -paned windows on the recessed upper floor. The exact
placement of this material requires review and approval by HPC staff and monitor.
HPC Resolution #15, Series of 2022
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11. The applicant must restudy the storefronts along Cooper Avenue to reduce the size of the
windows in the central bay, for review and approval by HPC staff and monitor.
12. The project shall be revised to remove all references to early 201h Century architectural
styles, particularly Art Deco and Art Moderne, to be reviewed and approved by HPC staff
and monitor.
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NOW ON
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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, the Historic Preservation
Commission, 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 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.
HPC Resolution #15, Series of 2022
Page 4 of 5
APPROVED BY THE COMMISSION at its regular meeting on the 12th day of October,
2022.
Approved as to Form:
Katharine 3tr
, Assistant City Attorney
ATTEST:
ear, Deputy City Clerk
Approved as to Content:
Kara Thompson, Chair
HPC Resolution #15, Series of 2022
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