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Resolution No. 26
(SERIES OF 2007)
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING THREE GROWTH MANAGEMENT REVIEW APPROVALS AND
RECOMMENDING THAT CITY COUNCIL GRANT SUBDIVSION APPROVAL
FOR THE DEVELOPMENT OF A MIXED-USE BUILDING CONTAINING
THREE AFFORDABLE HOUSING UNITS, THREE FREE-MARKET MULTI-
FAMILY UNITS, AND COMMERCIAL NET LEASBLE AREA KNOWN AS
MOUNTAIN PLAZA BUILDING AND LOCATED AT 434 E. COOPER
AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel No. 2737-182-16-011
WHEREAS, the Community Development Department received an application
from all of the Bert Bidwell Investment Corporation requesting three (3) Growth
Management Review approvals and a recommendation of approval for Subdivision to
develop a mixed-use building known as the Mountain Plaza Building located at 434 E.
Cooper Avenue; and,
WHEREAS, prior to applying for the growth management reviews the Applicant
received Conceptual Design Review from the Historic Preservation Commission via
Resolution No. 20, Series of2007; and,
WHEREAS, the growth management reviews are for approval for a Mixed-Use
Building which contains 10,585 sq. ft. of net leasable area, approval for the development
of three (3) free-market residential units totaling a Floor Area Ratio of .82:1 or 7,392 sq.
ft. and individual net livable area of 2,000 sq. ft. each, and approval for the development
of three (3) affordable housing units with a total of2,241 sq. ft. of net livable area; and,
WHEREAS, the Applicant is requesting a recommendation of subdivision
approval because the development of multi-family dwelling units requires approval of
subdivision pursuant to the definition of subdivision in the City's land use code; and,
WHEREAS, upon review of the application and the applicable code standards,
the Community Development Department recommended approval of the Growth
Management Review requests and a recommendation of approval for the Subdivision
request; and,
WHEREAS, the Planning and Zoning Commission reviewed and considered the
development proposal under the applicable provisions of the Municipal Code as identified
herein, has reviewed and considered the recommendation of the Community Development
Director, and has taken and considered public comment at a duly noticed public hearing on
October 2, 2007; and,
RECEPTION#: 543401, 10/23/2007 at
11 :37:20 AM,
1 OF 6, R $31.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
WHEREAS, the City of Aspen Planning and Zoning Commission finds that the
development proposal meets or exceeds all applicable development standards and that the
approval and recommendation of approval of the land use requests is consistent with the
goals and objectives ofthe Aspen Area Community Plan; and,
WHEREAS, the Planning and Zoning Commission grants approval of the three
(3) Growth Management Review requests and recommends approval of the Subdivision
request for the development of a mixed-use building that contains 10,585 sq. ft. of net
leasable area, approval for the development of three (3) free-market residential units
totaling a Floor Area Ratio of .82:1 or 7,392 sq. ft. and individual net livable area of
2,000 sq. ft. each, and approval for the development of three (3) affordable housing units
with a total of2,241 sq. ft. of net livable area by a vote of three to one (3-1); 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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING
AND ZONING COMMISSION AS FOLLOWS:
Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal
Code, the Planning and Zoning Commission hereby approves Growth Management
Review for Expansion or New Commercial Development; Growth Management Review
for New Free-Market Residential Units within a Multi-Family or Mixed-Use Project;
Growth Management Review for Affordable Housing for the development of a mixed-
use building containing three free-market units totaling a Floor Area Ratio of .82:1 or
7,392 sq. ft., three affordable housing units containing a minimum of 2,241 sq. ft. of net
livable area (two category 2 units and one Category 4 unit), and a commercial component
containing a maximum of 10,585 sq. ft. of net leasable area as shown in the floor plans of
Exhibit C of the staff report dated October 2, 2007. The Planning and Zoning
Commission also recommends approval of the subdivision request for the development of
said mixed-use building.
Section 2: Plat and Al!reement
The Applicant shall record a subdivision plat and agreement that meets the requirements of
Land Use Code Section 26.480, Subdivision, within 180 days of approval if City Council
provides final approval of the subdivision request.
Section 3: Buildinl!
The Applicant shall meet adopted building codes and requirements if and when a
building permit is submitted. Additionally, as represented in the growth management and
subdivision application dated August 15,2007, the Applicant will attain, at a minimum, a
LEED Silver Certification.
Section 4: Enl!ineerinl!
The Applicant's design shall be compliant with all sections of the City of Aspen
Municipal Code, Title 21 and all construction and excavation standards published by the
Engineering Department.
Section 5: Affordable Housinl!
A. The affordable housing requirements of the project shall be met with provision of three
units. The Applicant shall provide a one-bedroom, Category 2, 701 square feet unit; a
studio, Category 2,530 square feet unit; and a two-bedroom, Category 4,1,010 square feet
unit as represented in their application.
B. Rental units area allowed with the following conditions:
1) The units will be deed-restricted as Category 2 for the studio and one-bedroom
units and Category 4 for the two-bedroom unit.
2) The deed-restriction will allow for the units to become ownership units at such
time the owners would request this change and/or at such time the APCHA
deems one of the units out of compliance over a period of more than one year. If
any of the units are found to be out of compliance for one year, or the owner
elects to sell the units, all of the units would be listed for sale with the Housing
Office as specified in the deed restriction at Category 2 for the studio and one-
bedroom units and Category 4 for the two-bedroom unit maximum sales prices,
based on the sales price stated in the Guidelines in effect at the time of
recordation of the deed restriction, appreciated as stated in the deed restriction
(3% or the Consumer Price Index, whichever is less), as of the date of the listing
of the units.
3) Rental of the units shall be open to ALL qualified employees of Aspen and Pitkin
County and shall not be tied to employment for the free-market component.
4) The governing documents shall be drafted to reflect the potential for the rental
units to become ownership units.
5) APCHA or the applicant shall structure a deed restriction for the units such that
lI10th of 1 percent of the property is deed restricted in perpetuity to the
Aspen/Pitkin County Housing Authority; or until such time the units become
ownership units; or the applicant may propose any other means that the Housing
Authority determines acceptable.
6) Language shall be provided in the Protective Covenants covering the units'
assessments upon the units becoming "for sale" units. The assessments shall be
based on the value of the free-market units compared to the deed-restricted units.
This language shall be required in the approval and in the Covenants associated
with the project and allow for the same voting privilege as the free-market
residential units upon the units becoming "for sale" units. No changes to this
restriction would be allowed without APCHA's approval.
7) The deed-restriction shall be recorded at the time of recordation of the
Condominium Plat and prior to Certificate of Occupancy.
Section 6: Fire Mitil!ation
All codes adopted by the Aspen Fire Protection District shall be met. This includes but is
not limited to access (International Fire Code (IFC), 2003 Edition, Section 503),
approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907).
Section 7: Public Works
The Applicant shall comply with the City of Aspen Water System Standards, with Title
25, and with the applicable standards of Title 8 (Water Conservation and Plumbing
Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water
Department. Utility placement and design shall meet adopted City of Aspen standards.
Each of the units within the building shall have individual water meters.
Section 8: Sanitation District Requirements
Service is contingent upon compliance with the District's rules, regulations, and
specifications, which are on file at the District office. Oil and Grease interceptors (not
traps) are required for all food processing establishments and shall be identified and
specified prior to building permit. Oil and sand separators are required for the parking
garage. Old service lines must be excavated and properly abandoned.
Section 9: Environmental Health
The state of Colorado mandates specific mitigation requirements with regard to asbestos.
Additionally, code requirements to be aware of when filing a building permit include: a
prohibition on engine idling, regulation of fireplaces, fugitive dust requirements, noise
abatement and pool designs.
Section 10: Exterior Lil!htinl!
All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code
pursuant to Land Use Code Section 26.575.150, Outdoor lighting.
Section 11: School Lands Dedication and Impact Fees
The Applicant shall pay the Park Development impact fee and the School Lands
Dedication assessed at the time of building permit application submittal and paid at
building permit issuance.
Section 12: Parks
A. A formal vegetation protection plan shall be required with building permit
application. Tree Removal Permit is required for the removal of the Crabapple Trees.
B. A vegetation protection fence shall be erected at the drip line of each individual tree
or groupings of trees remaining on site.
C. Excavation of materials, storage of materials, storage of construction backfill, storage
of equipment, foot or vehicle traffic associated with construction is prohibited on
Cooper Ave Mall.
D. Utility connections located within the maJl shaJl be coordinated and designed in a manner
that does not encroach into the tree protection zones and disturb the surface of the mall. If a
utility is located within the mall, it must be direct bore minimizing surface disturbance to the
location of abandonment and new taps. Water taps and abandonment's will not be approved
within the designated tree protection zone. No traditional excavation wiJl be aJlowed in the
mall water or electric connections.
E. If temporary access, to the site, is requested on Cooper Ave Mall, a ROW permit is required
for approval. Access wiJl only be granted during the off seasons all work within the Mall has
to be done and completed during these times. Spring: Late March till June 1" / Fall: Sept 15th
tiJlDec 1".
F. Damage to mall brick or mall amenities will be the responsibility of the developer,
replacement of brick will be done to COA standards and require the developer to use the
City's contractor for mall brick replacement.
G. New landscaping in the right of way located on Galena Street will be done to the
Landscaping in the Right of Way standards. Parks is recommending Summit Ash, a species
of Green Ash and planted on 20-foot centers throughout the entire strip. Currently, the
proposed plan shows an unevenly spaced planting and this should be addressed with evenly
spaced trees. All trees will be planted with irrigation and a planting strip shall be instaJled
using structural soils. Parks requests that the developer meet with parks to design the
appropriate planting trench.
Section 13:
All material representations and commitments made by the Applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission or City Council, are
hereby incorporated in such plan development approvals and the same shall be complied
with as if fully set forth herein, unless amended by an authorized entity.
Section 14:
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 15:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for
any reason held invalid or unconstitutional in a court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and shall not affect
the validity of the remaining portions thereof.
APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 2nd
day of October, 2007.
APPROVED AS TO FORM: PLANNING AND ZONING
COMMISSION:
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m True, Special Counsel Brian Speck, Cbalr -
ATTEST:
ackie Lothian, Deputy City Clerk