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HomeMy WebLinkAboutcoa.lu.gm.210 W Main St.0074.2017.ASLU%W PATH: G/DRIVE /ADMINISTRATIVE/ADMIN/LANDUSE CASE DOCS CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0074. 2017.ASLU PROJECT ADDRESS 210 W MAIN ST PARCEL ID 273512440009 PLANNER JUSTIN BARKER CASE DESCRIPTION AFFORDABLE HOUSING CREDITS REPRESENTATIVE BENDONADAMS DATE OF FINAL ACTION 01/11/201 CLOSED BY ANGIE SCOREY 7.18.18 Permit: 2735 - (2-4 ~ - , — ❑ File Edit Record Navigate Form Reports Format Tab Help _-j J—� R jump 1 I 4 L J g Cr Q Main Custom Fields Routing Stabas Fee Summary Actions Routin Histor Y �) Permitt slu en Lane Use o D /pe .. 1= Permit; s 1' — LU Address Ili 0 City,° 0 =� Permit Informat Master permit n' Project 0 Description Submitted Submitted via Owner Last name KING LOUISE LLC First name �— PO BOX 1467 BASALT CO 81r21 Phone �—� Address Applicant ❑ Owner is applicant? ❑ Contractor is applicant? Last name BENDON.AC+:M First name �— Phone i Cust :;x N519 Address Email —� Lender Last name First name Phone i Address RECEPTION#: 644364, R: $23.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 3, 01 /11 /2018 at 01:54:27 PM Janice K. Vos Caudill, Pitkin County, CO RESOLUTION NO. 17 (SERIES OF 2017) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING GROWTH MANAGEMENT REVIEW AND THE ESTABLISHMENT OF CERTIFICATES OF AFFORDABLE HOUSING CREDIT FOR 210 W. MAIN STREET, LOTS P & Q, BLOCK 51, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2735-124-40-009 WHEREAS, the Community Development Department received an application from King Louise, LLC (Applicant), represented by BendonAdams, for the following land use review approvals: Growth Management, pursuant to Land Use Code Chapter 26.470, Growth Management Quota System, Certificates of Affordable Housing Credit, pursuant to Land Use Code Chapter 26.540, Certificates of Affordable Housing Credit; and, WHEREAS, all code citation references are to the City of Aspen Land Use Code in effect on the day of initial application, February 21, 2017, as applicable to this Project; and, WHEREAS, pursuant to Land Use Code Section 26.304.060(B)(1), Combined Reviews, the Community Development Director may combine reviews where more than one (1) development approval is being sought simultaneously; and, WHEREAS, the Aspen Community Development Department reviewed the proposed Application and recommended approval, and, WHEREAS, the Aspen/Pitkin County Housing Authority Board of Directors reviewed the Application on November 1, 2017, and recommended approval with conditions; and, WHEREAS, the Planning and Zoning Commission reviewed the Application at a duly noticed public hearing on December 5, 2017, during which time the recommendations of the Community Development Director, Aspen/Pitkin County Housing Authority and comments from the public were considered by the Planning and Zoning Commission; and, WHEREAS, the Planning and Zoning Commission approved Resolution No. 17, Series of 2017, by a four to zero (4 - 0) vote, granting approval with the conditions listed hereinafter. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Affordable Housing The Planning and Zoning Commission hereby grants approval of eight (8) affordable housing units. The unit types shall be as follows: 1. Eight (8) 2-bedroom units (18 FTEs) Planning and Zoning Commission Resolution No. 17, Series 2017 Page 1 of 3 As represented in the application, the approved units are granted a reduction in the Minimum Net Livable Square Footage, pursuant to the Aspen/Pitkin County Housing Authority (APCHA) Employee Housing Guidelines ("Guidelines") as follows: Approved Net Livable `'''-'Minimum" NefLivable % Reduction 835 900 7 E 846 900 6 758.8 900 16 846.5 900 6 202 845.6 900 6 203 758.2 900 16 301 845.9 900 6 302 845.4 900 6 Any further reduction in Net Livable Square Footage for any of the units shall require approval from APCHA. All units shall meet the requirements of the Guidelines regarding closets, kitchen appliances, etc. in place at the time. of building permit. Each affordable housing unit shall be individually metered for utilities. This project is approved as 100% rental units. The following conditions shall apply: 100% Rental Project: 1. Minimum occupancy in accordance with the Guidelines is required for all units. 2. All new tenants shall be approved by APCHA in accordance with the Guidelines prior to signing a lease and occupying the unit. 3. All leases shall be provided to APCHA and state the length of the lease, the amount of rent, and signed by both the tenant and the landlord. Prior to a Certificate of Occupancy being issued for the completed project, deed restrictions for the units that reflect the requirements of this Resolution shall be approved by the City Attorney and APCHA and recorded. Final Category designations for all units shall be limited to Category 4 or lower. Section 2• Certificates of Affordable Housing Credit The project is approved for the establishment of Certificates of Affordable Housing Credits for 18 FTEs. Final Category designation for the Certificates shall be established as part of the final approved deed restrictions, in accordance with Section I above. The Certificates shall be issued in accordance with Land Use Code Chapter 26.540, Certificates of Affordable Housing Credit. Prior to issuance of any Certificates, all eight (8) units shall have a recorded deed restriction and receive a Certificate of Occupancy. Section 3: 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 and the Planning and Zoning Commission are Planning and Zoning Commission Resolution No. 17, Series 2017 Page 2 of 3 141W 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 4• 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 5• 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 5th day of December, 2017. Approved as to form: Approved as to content: ,James R True, City Attorney Attest: Cindy lob, Records Manager Planning and Zoning Commission Resolution No. 17, Series 2017 Page 3 of 3 liew Regular Meeting Planning & Zoning Commission December 5, 2017 Mr. Mesirow feels it has improved over time and likes the wood siding. He particularly likes the addition of the green roof. He is also in favor of the project. Mr. Goode motioned to approve Resolution 16, Series 2017 as amended. Mr. McKnight seconded the motion. Mr. Mesirow requested a roll call. Roll call: Mr. Goode, yes; Mr. McKnight; yes; Mr. Mesirow, yes; for a total of three (3) yes votes and zero (0) no votes. The motion was approved. Mr. Mesirow then closed the hearing. PUBLIC HEARINGS - 210 W Main St - Growth Management, Certificates of Affordable Housing Credit Mr. Mesirow asked if legal notice had been provided to which Mr. True replied it appears sufficient. The affidavits were submitted as exhibit E. He then opened the hearing and turned the floor over to staff. Mr. Justin Barker, Planner, reviewed the project. The property is a 6,000 sf lot located in a mixed use (MU) zone district and the Main Street Historic District. The Historic Preservation Commission (HPC) has reviewed the conceptual design and will also be reviewing the final design. Currently, there are six free- market units, one affordable housing unit and one combination commercial\residential unit on the site. The applicant is proposing to demolish the existing structure development and build eight affordable housing units with the intention of establishing credits for the units. The design consists of three structures with two two-story buildings facing Main St and one three-story structure on the back of the property. Mr. Barker explained the Growth Management Review which is both the demolition of the existing housing and the development of the new housing and the creation of the credits. He stated in most scenarios, the demolition of multi -family housing requires some form of housing mitigation which is typically accomplished by providing 50% of the existing number of units as Category 4 units or 100% of the units as resident -occupied (RO) units. Once completed, the same number of free market units can be built back that had been previously demolished. A third option stated if the existing number of units are torn down and replaced only with affordable housing. The applicant is proposing the third option for this project. Mr. Barker stated there are criteria related to the affordable housing. He added the project meets option one and two. 1. 50% of the net livable is located above grade. 2. Sale is recommended as the preferred option, however rental is permitted in certain scenarios including replacing with 100% affordable housing. 3. Project complies with the Aspen Pitkin County Housing Authority (APCHA) guidelines. Mr. Barker stated in terms of the APCHA guidelines, the project needs a recommendation from the APCHA Board. The board reviewed the application on November Vt and recommended approval with some conditions. The guidelines identify the minimal net livable for two -bedroom units is 900 sf. The number may be reduced by the board up to 20% if criteria has been met. The board is looking for above average units before allowing any reduction. Mr. Barker displayed a table as shown on p330 of the 4 Reeular Meeting Planning & Zoning Commission December 5, 2017 packet. He stated the units could down as low as 720 sf and the proposed units exceed this amount in most of the situations by a fairly good margin. The applicant is requesting about 16% on only two units and the others is about 6% - 7%. APCHA was comfortable with the proposed unit sizes and recommended approval noting the significant storage outside of the unit. The basement of the project will be for mechanical and extra storage. The units are all above grade as well. Mr. Barker then discussed the criteria for the certificates of affordable housing credits. Staff found the criteria has been met. He noted the requirements for issuing the credits include: 1. Deed restrictions must be in place and filed 2. Certificates of Occupancies must be granted for each of the units 3. The units must be Category 4 or lower as defined by the applicant. APCHA recommends 50% of the units be Category 4 and the balance being 4 or lower. Staff's recommendation is supportive of the approval of the project. Mr. Mesirow asked for any questions of staff. Mr. Goode asked when the current building was built. Mr. Ted Guy, applicant, stated the back building was probably built in the 1950's or early 1960's. The front building was built on Waters Ave and moved to a block foundation in the late 1960's, early 1970's. Mr. Mesirow asked for clarification of the approval process and wanted to know if it goes back to Council. Mr. Barker replied the next step would be to go HPC for the final design review. He added the mass and scale have already been approved by HPC. Mr. Mesirow asked if they receive credits for the existing affordable housing units. Mr. Barker replied if the commercial use converts back to free market where the combined commercial\residential unit exists currently, the affordable housing is no longer required. Mr. Mesirow asked who will be managing the project. Mr. Barker replied the applicant would, not APCHA. Mr. Guy stated he may manage it with the other affordable housing group in the valley. Mr. Mesirow then turned the floor over to the applicant. Ms. Sara Adams, BendonAdams, then introduced Mr. Ted Guy, the applicant. Mr. Guy stated they are happy with staff's recommendation. He noted the team went through a lot of design work with HPC. Ms. Adams provided slides depicting the existing conditions. She then provided slides of the proposed project, noting it will consist of eight two -bedroom units. The applicant is requesting Category Four or less for the 100% rental project. There are six parking spaces off the alley. Seven spaces are required, but HPC waived one parking space. There is exterior storage for all the units and an interior courtyard protected by the structure from the traffic and dust of Main St. She continued stating the project has a focus on livability including the following. • A bike rack • Two bathrooms for each unit *WAW Regular Meeting Planning & Zoning Commission December 5, 2017 • Private outdoor porch or balcony for each unit. She then provided site plans and described the location of the parking, the units, trash, exterior storage, the two ADA units, and the basement. She added Mr. Guy may be able to squeeze more storage out of the basement. Ms. Adams then displayed floor plans. She noted the project was heard by HPC three times during the conceptual review. They ended up with a stacked unit in one corner to provide relief to the Tyrolean Lodge. She then displayed elevations of the project noting they would be returning to HPC for the final design review. She then reviewed their request including: • 100% rental project Category Four or less - The first proposed Category 3 or less and after many meetings with APCHA and working through the financials. • Housing credit approval for 18 FTEs Mr. Mesirow asked for any questions of the applicant. Mr. McKnight asked what the estimated rent would be for Category Four. Mr. Guy replied he does not know. He stated the Category Three is about $1,635 per month for a two -bedroom. Mr. Mesirow asked if the credit is different for different categories. Ms. Adams stated it is the same because the number of FTEs is based on the number of bedrooms. He asked if they originally considered Category Three because it is more favorable. Mr. Guy replied you can get more fee -in -lieu with the lower categories, but you also get lower rental income so it is a balance of short-term vs. long-term. Mr. Mesirow asked why he decided to make it a rental instead of a sale project. Mr. Guy stated he always wanted to make it a rental project and feels Mike Kosdrosky, APCHA Director, does not care for sale projects. Mr. Guy wanted to provide a couple of long term tenants the opportunity to purchase their units in the new project. Ms. Adams stated if they wanted to make them for sale, they would have to amend this resolution. Mr. Mesirow asked if more density was considered. Mr. Guy replied HPC did not like the mass and scale of a single building. Mr. Guy originally designed it with one L-shaped building with a much larger courtyard. Ms. Adams stated the density of the project is driven by the available parking. HPC waived the parking by one space. Mr. Barker stated the applicant was granted special approval for a higher floor area which allows the project to have more density than typically allowed. Mr. Mesirow asked if they could have fit more parking spaces, would HPC have been acceptable of more density. Mr. Guy and Ms. Adams did not feel HPC would have approved more density and noted HPC would only approve a two-story building on Main St. Regular Meeting Planning & Zoning Commission December 5, 2017 Mr. Walterscheid finds it interesting APCHA is not allowing the conversion to sale units because the last few projects before P&Z were allowed the option. Mr. True noted a necessary amendment in Section 1 where City Council is mentioned. It should be P&Z. Mr. Mesirow asked Mr. Guy his preference regarding the categories. Mr. Guy believes they will all be Category Three, but none would be Category One. Ms. Adams stated they want the flexibility and exercise what is in the code. Mr. True stated he is struggling with the way it is written to allow for Mr. Guy to select all the categories. Ms. Phelan stated the land use code allows for Category Four or lower for credits. Ms. Adams believes the City recently did something similar for their projects and Mr. Barker confirmed this was true. Mr. Mesirow then opened for public comment, which there was none, so he closed this portion of the hearing. Mr. Mesirow then opened for commissioner discussion. Mr. Goode feels the building needs to be replaced, but will miss it as a part of Aspen's messy character. Mr. Guy noted it was on the cover of the 1993 AACP. He added they will try to reuse the materials on the back of the building and in the courtyard. Mr. McKnight also likes the project and finds APCHA's stance a bit odd regarding the rental instead of sale. Mr. Mesirow stated he is in favor of letting them select the category to allow them to get the project done. He sees this as another example of the credits program working. He also likes the green roof. He hopes that this is not another example of the lack of creativity in parking that is impacting the density of a project. Mr. McKnight motioned to approve Resolution 17, Series 2017 with the suggested amendment to Section one change City Council to P&Z. Mr. Goode seconded the motion. Mr. Mesirow requested a roll call. Roll call: Mr. McKnight; yes; Mr. Goode, yes; Mr. Walterscheid, yes; and Mr. Mesirow, yes; for a total of four (4) yes votes and zero (0) no votes. The motion was approved. Mr. Mesirow then closed the hearing. OTHER BUSINESS None. A motion was made to adjourn and seconded. All in favor, motion passed. Cindy Klob City Clerk's Office, Records Manager 7 MEMORANDUM TO: Planning & Zoning Commission FROM: Justin Barker, Senior Planner THRU: Jennifer Phelan, Deputy Planning Director RE: 210 W. Main Street — Growth Management, Establishment of Certificates of Affordable Housing Credit DATE: December 5, 2017 APPLICANT /OWNER: King Louise, LLC REPRESENTATIVE: BendonAdams LOCATION: 210 W. Main Street CURRENT ZONING/LAND USE: Mixed Use (MU) 6 free-market units, 1 affordable housing unit, and 1 residential/commercial unit PROPOSED ZONING/LAND USE: Mixed Use (MU) 8 affordable housing units SUMMARY OF REQUEST: The applicant requests P&Z approve GMQS review for the demolition of multi -family housing and development of 8 affordable housing units to establish Affordable Housing Credits. STAFF RECOMMENDATION: Staff recommends P&Z approve the request. Current Development CO z i W k%, ST ._ Ai! Zrl ^111, Property location s ti CO co CO W gtf FKER ST 1 210 W. Main Street Staff memo 12.5.2017 The current proposal was reviewed by HPC over several meetings and ultimately received Conceptual design approval on August 9, 2017. After P&Z review, the Applicant will need to apply for and receive Final design approval prior to submitting for a building permit. STAFF EVALUATION: Growth Management (Exhibit A): The proposed development is subject to the requirements of growth management for both the demolition of multi -family housing and the development of affordable housing. The project also needs development allotments for eight (8) affordable housing units, but there is no annual limit on affordable housing unit allotments. The demolition of multi -family housing typically requires affordable housing mitigation in order to minimize the displacement of working residents, to ensure that the private sector maintains its role in the provision of resident housing, and to prevent a housing shortfall from occurring. However, if all of the free-market units being demolished are solely replaced with deed -restricted affordable housing units on a site, no additional mitigation is required. In addition, those voluntary affordable housing units are eligible for Certificates of Affordable Housing Credit, as further described in that section below. The development of affordable housing requires that certain design criteria are met, including providing a minimum of 50% or more of each unit's net livable area at or above grade and the requirements within the APCHA Guidelines. A recommendation from APCHA is required for this review. The APCHA Board of Directors reviewed this application on November 1, 2017. The full recommendation is attached as Exhibit D. Overall, the APCHA Board recommended approval of the project, provided at least 50% of the units are established at Category 4, with the balance of units at Category 4 or lower. More discussion on the unit categories is provided under Certificates of Affordable Housing Credit. The proposed units all require approval of a reduction in the Minimum Net Livable Square Footage, pursuant to the APCHA Employee Housing Guidelines. Minimum required size is 900 sq. ft. for a two -bedroom. The average reduction required for this project is 8.6% (77.4 sq. ft.) with a maximum reduction of 16% (142 sq. ft.). The APCHA Board may allow reductions of the minimum size requirement up to 20% if certain criteria are met regarding livability, amenities, additional storage, etc. A summary of the unit sizes is provided in Table 1 below. Unit' r APCHA Minimum _ `Net Livable s Proposed Net ' Livable s Deficit, % Net Livable Area Above Grade , % . Storage Outside Unit 101 900 835 7 100 169 102 900 846 6 100 90 103 900 759 16 100 170 201 900 847 6 100 91 202 900 846 6 100 90 203 900 758 16 100 89 301 900 846 6 100 89 302 900 845 6 100 92 TOTAL 7,200 6,582 880 Table I - Unit Size Summaries 3 210 W. Main Street Staff memo 12.5.2017 The APCHA Board supported the proposed reductions, stating that the livability of the units and additional exterior storage meet their criteria for a reduction in net livable square footage. Certificates ofAffordahle Housing Credit (Exhibit B): The Applicant is also requesting to establish Certificates of Affordable Housing ("Housing Credits") for all the proposed units. For eight two -bedroom units (2.25 FTEs per unit), this would result in Housing Credits for 18 FTEs. The review criteria for the establishment of Housing Credits essentially require the proposed units to meet the growth management criteria for new affordable housing and that they are not required mitigation units. Staff has determined that these criteria have been met in both Exhibits A & B. These units also have certain requirements prior to issuance of the Certificates, such as deed restrictions and Certificates of Occupancy. These requirements have been included in the draft resolution. The application proposes to deed -restrict all eight units at a Category 3 income level. The Land Use Code requires that affordable housing units that are created for the establishment of Affordable Housing Credits be deed -restricted at a Category 4 income, or lower. The applicant may choose to establish a lower Category income if desired. Although APCHA recommends at least 50% of the units be Category 4, the Code allows more flexibility for the applicant. As voluntary housing units, the intention of the Code is to allow the applicant to determine what Category level mix is the most viable to financially support the project, while still retaining affordability. STAFF RECOMMENDATION: Staff is supportive of the request as presented in the application. Staff recommends allowing all the units to be established at Category 4, or lower at the discretion of the Applicant, which is consistent with the allowances of the Land Use Code. EXHIBITS: A. Review Criteria — GMQS B. Review Criteria — Certificates of Affordable Housing Credit C. Application D. APCHA recommendation 4 210 W. Main Street Staff memo 12.5.2017 RESOLUTION NO. _ (SERIES OF 2017) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING GROWTH MANAGEMENT REVIEW AND THE ESTABLISHMENT OF CERTIFICATES OF AFFORDABLE HOUSING CREDIT FOR 210 W. MAIN STREET, LOTS P & Q, BLOCK 51, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2 735-124-40-009 WHEREAS, the Community Development Department received an application from King Louise, LLC (Applicant), represented by BendonAdams, for the following land use review approvals: Growth Management, pursuant to Land Use Code Chapter 26.470, Growth Management Quota System, Certificates of Affordable Housing Credit, pursuant to Land Use Code Chapter 26.540, Certificates of Affordable Housing Credit; and, WHEREAS, all code citation references are to the City of Aspen Land Use Code in effect on the day of initial application, February 21, 2017, as applicable to this Project; and, WHEREAS, pursuant to Land Use Code Section 26.304.060(B)(1), Combined Reviews, the Community Development Director may combine reviews where more than one (1) development approval is being sought simultaneously; and, WHEREAS, the Aspen Community Development Department reviewed the proposed Application and recommended approval; and, WHEREAS, the Aspen/Pitkin County Housing Authority Board of Directors reviewed the Application on November 1, 2017, and recommended approval with conditions; and, WHEREAS, the Planning and Zoning Commission reviewed the Application at a duly noticed public hearing on December 5, 2017, during which time the recommendations of the Community Development Director, Aspen/Pitkin County Housing Authority and comments from the public were considered by the Planning and Zoning Commission; and, WHEREAS, the Planning and Zoning Commission approved Resolution No. , Series of 2017, by a to L - J vote, granting approval with the conditions listed hereinafter. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Affordable Housing City Council hereby grants approval of eight (8) affordable housing units. The unit types shall be as follows: 1. Eight (8) 2-bedroom units (18 FTEs) Planning and Zoning Commission Resolution No. _, Series 2017 Page 1 of 3 *W "So As represented in the application, the approved units are granted a reduction in the Minimum Net Livable Square Footage, pursuant to the Aspen/Pitkin County Housing Authority (APCHA) Employee Housing Guidelines ("Guidelines") as follows: 101 835 900 7 102 846 900 6 103 758.8 900 16 201 846.5 900 6 202 845.6 900 6 203 758.2 900 16 301 845.9 900 6 302 845.4 900 6 Any further reduction in Net Livable Square Footage for any of the units shall require approval from APCHA. All units shall meet the requirements of the Guidelines regarding closets, kitchen appliances, etc. in place at the time of building permit. Each affordable housing unit shall be individually metered for utilities. This project is approved as 100% rental units. The following conditions shall apply: 100% Rental Project: 1. Minimum occupancy in accordance with the Guidelines is required for all units. 2. All new tenants shall be approved by APCHA in accordance with the Guidelines prior to signing a lease and occupying the unit. 3. All leases shall be provided to APCHA and state the length of the lease, the amount of rent, and signed by both the tenant and the landlord. Prior to a Certificate of Occupancy being issued for the completed project, deed restrictions for the units that reflect the requirements of this Ordinance shall be approved by the City Attorney and APCHA and recorded. Final Category designations for all units shall be limited to Category 4 or lower. Section 2: Certificates of Affordable Housing Credit The project is approved for the establishment of Certificates of Affordable Housing Credits for 18 FTEs. Final Category designation for the Certificates shall be established as part of the final approved deed restrictions, in accordance with Section 1 above. The Certificates shall be issued in accordance with Land Use Code Chapter 26.540, Certificates of Affordable Housing Credit. Prior to issuance of any Certificates, all eight (8) units shall have a recorded deed restriction and receive a Certificate of Occupancy. Section 3• 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 and the Planning and Zoning Commission are Planning and Zoning Commission Resolution No. , Series 2017 Page 2 of 3 w✓ `ve 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 4• 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 5• 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 5th day of December, 2017. Approved as to form: Andrea Bryan, Assistant City Attorney Attest: Cindy Klob, Records Manager Approved as to content: Skippy Mesirow, Chair Planning and Zoning Commission Resolution No. , Series 2017 Page 3 of 3 EXHIBIT A GROWTH MANAGEMENT 26.470.050.B General requirements. All development applications for growth management review shall comply with the following standards. The reviewing body shall approve, approve with conditions or deny an application for growth management review based on the following generally applicable criteria and the review criteria applicable to the specific type of development: 1. Sufficient growth management allotments are available to accommodate the proposed development, pursuant to Subsection 26.470.030.D. Applications for multi -year development allotment, pursuant to Paragraph 26.470.090.1 shall not be required to meet this standard. Staff Findings: There is no annual limit for affordable housing allotments. Staff finds this criterion to be met. 2. The proposed development is compatible with land uses in the surrounding area, as well as with any applicable adopted regulatory master plan. Staff Findings: The surrounding development includes a diversity of uses, including commercial, lodging, and residential. The property currently contains multi family housing. The proposed development is consistent with this mix of uses and retains the residential use on the property. There are no applicable adopted regulatory master plans related to this property. Staff finds this criterion to be met. 3. The development conforms to the requirements and limitations of the zone district. Staff Findings: The property is located within the Mixed Use zone district. The applicant received Special Review approval for increased Floor Area, a reduction of one parking space, and a reduced front setback to accommodate a front porch. Commercial Design approval was also granted for increased height of one foot for the rear building. All of these allowances are permitted under the appropriate reviews. The development otherwise conforms to the requirements of the zone district in terms of use and dimensions. Staff finds this criterion to be met. 4. The proposed development is consistent with the Conceptual Historic Preservation Commission approval, the Conceptual Commercial Design Review approval and the Planned Development — Project Review approval, as applicable. Staff Findings: The proposal is consistent with what was approved under HPC Resolution No. 16, Series of 2017 granted on August 91h, 2017. Staff finds this criterion to be met. 5. Unless otherwise specified in this Chapter, sixty percent (60%) of the employees generated by the additional commercial or lodge development, according to Subsection 26.470.100.A, Employee generation rates, are mitigated through the provision of 210 W. Main Street Exhibit A — Growth Management Page 1 of 4 `40 affordable housing. The employee generation mitigation plan shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing, at a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. If an applicant chooses to use a Certificate of Affordable Housing Credit as mitigation, pursuant to Chapter 26.540, such Certificate shall be extinguished pursuant to Chapter 26.540.90 Criteria for Administrative Extinguishment of the Certificate. Staff Findings: There is no proposed commercial or lodge development. Staff finds this criterion to be not applicable. 6. Affordable housing net livable area, for which the finished floor level is at or above natural or finished grade, whichever is higher, shall be provided in an amount equal to at least thirty percent (30%) of the additional free-market residential net livable area, for which the finished floor level is at or above natural or finished grade, whichever is higher. Affordable housing shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing, and be restricted to a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. Affordable housing units that are being provided absent a requirement ("voluntary units") may be deed -restricted at any level of affordability, including residential occupied. If an applicant chooses to use a Certificate of Affordable Housing Credit as mitigation, pursuant to Chapter 26.540, such Certificate shall be extinguished pursuant to Chapter 26.540.90 Criteria for Administrative Extinguishment of the Certificate, utilizing the calculations in Section 26.470.100 Employee/Square Footage Conversion. Staff Findings: There is no proposed free-market residential development. Staff finds this criterion to be not applicable. 7. The project represents minimal additional demand on public infrastructure, or such additional demand is mitigated through improvement proposed as part of the project. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking and road and transit services. Staff Findings: The property currently contains 8 multi family residential units. The existing commerciaUresidential space is approved for removal under P&Z Resolution No. 10a, Series of 2017. It is unlikely that the increase in bedrooms on the property will represent a significant increase on the utility infrastructure or public services. The additional bedrooms will likely impact the burden on parking, however the applicant is proposing alternative transportation improvements to help offset the potential impacts. There is also adequate on -street parking within the vicinity to accommodate the potential increase in vehicles. Staff finds this criterion to be met. 26.470.070.4 Affordable housing. The development of affordable housing deed -restricted in accordance with the Aspen/Pitkin County Housing Authority Guidelines shall be approved, 210 W. Main Street Exhibit A — Growth Management Page 2 of 4 cm CM approved with conditions or denied by the Planning and Zoning Commission based on the following criteria: a. The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing Authority. A recommendation from the Aspen/Pitkin County Housing Authority shall be required for this standard. The Aspen/Pitkin County Housing Authority may choose to hold a public hearing with the Board of Directors. Staff Findings: The proposed units are all below the Minimum Net Livable Square Footage requirements for a two -bedroom unit (900 sq. ft.). The APCHA Board of Directors reviewed the proposed application on November 1, 2017 and approved the proposed unit reductions. The full recommendation is included in Exhibit D. The Board otherwise found the proposed units to meet the Guidelines and recommended approval of the project. Staff finds this criterion to be met. b. Affordable housing required for mitigation purposes shall be in the form of actual newly built units or buy -down units. Off -site units shall be provided within the City limits. Units outside the City limits may be accepted as mitigation by the City Council, pursuant to Paragraph 26.470.090.2. If the mitigation requirement is less than one (1) full unit, a fee - in -lieu payment may be accepted by the Planning and Zoning Commission upon a recommendation from the Aspen/Pitkin County Housing Authority. If the mitigation requirement is one (1) or more units, a fee -in -lieu payment shall require City Council approval, pursuant to Paragraph 26.470.090.3. A Certificate of Affordable Housing Credit may be used to satisfy mitigation requirements by approval of the Community Development Department Director, pursuant to Section 26.540.080 Extinguishment of the Certificate. Required affordable housing may be provided through a mix of these methods. Staff Findings: The proposed units are not for mitigation. Staff finds this criterion to be not applicable. c. Each unit provided shall be designed such that the finished floor level of fifty percent (50%) or more of the unit's net livable area is at or above natural or finished grade, whichever is higher. This dimensional requirement may be varied through Special Review, Pursuant to Chapter 26.430. Staff Findings: All units are designed with 100% of the net livable area above grade. Staff finds this criterion to be met. d. The proposed units shall be deed -restricted as "for sale" units and transferred to qualified purchasers according to the Aspen/Pitkin County Housing Authority Guidelines. The owner may be entitled to select the first purchasers, subject to the aforementioned qualifications, with approval from the Aspen/Pitkin County Housing Authority. The deed restriction shall authorize the Aspen/Pitkin County Housing Authority or the City to own the unit and rent it to qualified renters as defined in the Affordable Housing Guidelines established by the Aspen/Pitkin County Housing Authority, as amended. The proposed units may be rental units, including but not limited to rental units owned by an employer or nonprofit organization, if a legal instrument in a form acceptable to the City Attorney ensures permanent affordability of the units. The City encourages affordable 210 W. Main Street Exhibit A — Growth Management Page 3 of 4 %W *AW housing units required for lodge development to be rental units associated with the lodge operation and contributing to the long-term viability of the lodge. Units owned by the Aspen/Pitkin County Housing Authority, the City of Aspen, Pitkin County or other similar governmental or quasi -municipal agency shall not be subject to this mandatory "for sale" provision. Staff Findings: The proposal is for all 8 units to be rentals. Although for -sale units are typically recommended there are allowances for for -rent units. For Housing Credits, it allows units that are part of a 100% affordable housing project to be for -rent. Staff recommends that the units be deed -restricted at a Category 4 or lower in accordance with the General Requirements above. The affordability of the units will be addressed in the recorded deed -restrictions prior to Certificate of Occupancy. Staff finds this criterion to be met. e. Non -Mitigation Affordable Housing. Affordable housing units that are not required for mitigation, but meet the requirements of Section 26.470.070.4(a-d). The owner of such non -mitigation affordable housing is eligible to receive a Certificate of Affordable Housing Credit pursuant to Chapter 26.540. Staff Findings: The proposed units are not required for mitigation. The applicant is requesting the establishment of Affordable Housing Credits for the development. 26.470.070.5(1) Demolition or redevelopment of multi -family housing c. One -hundred percent affordable housing replacement. When one -hundred -percent of the free-market multi -family housing units are demolished and are solely replaced with deed - restricted affordable housing units on a site that are not required for mitigation purposes, including any net additional dwelling units, pursuant to Section 26.470.070.41 Affordable Housing; all of the units in the redevelopment are eligible for a Certificate of Affordable Housing Credit, pursuant to Section 26.540 Certificate of Affordable Housing Credit. Any remaining unused free market residential development rights shall be vacated. Staff Findings: The existing development is being completely demolished and replaced with 8 deed -restricted affordable housing units. These units are not required as mitigation. The applicant is requesting the establishment of Affordable Housing Credits for the development. 210 W. Main Street Exhibit A — Growth Management Page 4 of 4 ``✓ EXHIBIT B CERTIFICATES OF AFFORDABLE HOUSING CREDIT 26.540.070 Review criteria for establishing an affordable housing credit An Affordable Housing Credit may be established by the Planning and Zoning Commission if all of the following criteria are met. The proposed units do not need to be constructed prior to this review. A. The proposed affordable housing unit(s) comply with the review standards of Section 26.470.070.4(a-d). Staff Findings: See responses in Exhibit A. Staff finds these criteria to be met. B. The affordable housing unit(s) are not an obligation of a Development Order and are not otherwise required by this Title to mitigate the impacts of development. Staff Findings: The proposed units are not an obligation of a Development Order and are not required mitigation. The proposed units are eligible for credits pursuant to Section 26.470.070.5(1)(c). Stafffinds this criterion to be met. 210 W. Main Street Exhibit B — Certificates of Affordable Housing Credit Page 1 of 1 Aspen Pitkin County Housing Authority **mop A,*P*C*H*A Strengthening Community Through Workforce Housing MEMORANDUM TO: Justin Barker, Senior Planner FROM: APCHA Board of Directors THRU: Mike Kosdrosky, Executive Director Cindy Christensen, Deputy Director DATE: November 2, 2017 RE: 210 West Main Affordable Housing Project: Growth Management and Establishment of Affordable Housing Credits PROJECT: The applicant for 210 West Main Street, King Louise LLC, is seeking approval to demolish an existing building and construct an affordable housing project under the Certificates of Affordable Housing Credit Program (Housing Credits). PROPOSAL: The applicant is requesting the APCHA Board recommend approval for the following: 1. Approval of 18 FTE's under the Certificates of Affordable Housing Credits, Chapter 26.540 of City of Aspen's Land Use Code; 2. Approval of eight two -bedroom Category 3 rental units; and 3. A reduction in Minimum Net Livable Square Footage requirements for all units. The applicant wants to build eight two -bedroom Category 3 rentals in exchange for Certificates of Affordable Housing Credits, Chapter 26.540 of the City of Aspen's Land Use Code. The applicant originally sought the option to convert rental units into "for sale" owner -occupied units at some unspecified future date; however, the applicant agreed to accept 100% rentals in perpetuity should APCHA relax certain project recommendations at its meeting with APCHA staff on Monday, October 30, 2017. The project would be three -stories with surface parking (six on -site spaces) along the alley. Two of the units, Units 103 and 203, are smaller in size due to a reduction in the mass and scale of the buildings facing Main Street to better relate to the Historic Preservation Design Guidelines. All units are 100% above grade. The Planning and Zoning Commission approved an amendment to the deed restriction for the live/work space on May 23, 2017. The HPC approved the Conceptual Design on August 9, 2017. Page 1 1 M rn The project units include: Assigned # of Minimum Size Unit Net % Outside Total NL Area Unit BR's Requirement Livable* Deficit Storage (incl. Storage) FTE s 101 2 900 835.0 -7% 168.8 1,003.8 2.25 102 2 900 846.0 -6% 90.0 936.0 2.25 103 2 900 758.8 -16% 170.0 928.8 2.25 201 2 900 846.5 -6% 91.4 937.9 2.25 202 2 900 845.6 -6% 90.2 935.8 2.25 203 2 900 758.2 -16% 89.3 847.5 2.25 301 2 900 845.9 -6% 89.0 934.9 2.25 302 2 900 845.4 -6% 92.4 937.8 2.25 TOTAL 16 7,200 6,581.4 881.1 7,462.5 18.00 *The minimum size requirement for two -bedroom units does not include outside storage space. All eight units do not meet minimum net livable square footage requirements and will need APCHA approval for any reduction below the minimum size requirements permitted in the Guidelines. DISCUSSION: Estimated Value (Price) for Housing Credits The applicant is requesting the use of the Housing Credits for the project. The APCHA mitigation standards - and Housing Credits - are based on unit type (Figure 1): C*n .rn 7 .a--- - Unit Type - Mitigation Standard Dormitory 1.00 FTE/Unit Studio 1.25 FTE/Unit One -Bedroom 1.75 FTE/Unit Two -Bedroom 2.25 FTE/Unit Three -Bedroom 3.00 FTE/Unit Eight two -bedroom units would house 18 Full -Time Equivalent (FTE) workers: Eight Two -bedroom Units X 2.25 FTE/2-bedroom unit = 18 FTE's Total Under the Housing Credits' code, a credit can be established for Category 4 and lower units. Although the value and price of Housing Credits are set by the market, the estimated market value (price) for credits are based or benchmarked against the published Fee -In -Lieu (FIL) rates per FTE in the land use code (Figure 2): Page 12 Figure 2 Category Fee -In -Lieu Rate Cat 1 $356,433 Cat 2 $320,186 Cat 3 $286,495 Cat 4 1 $223,072 Assuming this project becomes all Category 3 units, the estimated, but not guaranteed, minimum market value for 18 FTE Housing Credits would be nearly $5.2 million: Category FTEs X FIL Rate - Est. Minimum Market Value Category 3: 18 FTEs X $286,495/FTE _ $5,156,910 Depending on market conditions at the time of sale, it is not unreasonable to assume that the market value for these Housing Credits could be higher. Request to build Category 3 rental units The applicant's original request was to build eight 2-bedroom Category 3 rental units. However, based on APCHA's inventory data, the deed restricted market does not need more Category 3 units (Figure 3): Figure 3 APCMA Long -Term Rental Inventory Distribution (Exduding Seasonal Rentals) Current Category Category i Category 2 Category 3 Category 4 RO Total Inventory Counts Percentage 73 r/. 298 2?°/6 412 37% 36 3% 302 2r10 1121 100-A Out of 1,121 long-term rental units the largest percentage - 37% - are Category 3. The majority of Category 3 units are located at Castle Ridge, Centennial, and Truscott Place (Phase I and II). The current maximum monthly rental rate for 2-bedroom Category 3 unit is $1,635. Based on APCHA's Income vs. Units Distribution graph (Figure 4), there are more Category 3 long-term rental units available than households with an employee in that income category range working in Pitkin County. In other words, the current supply of Category 3 units more than meets the proportion of estimated demand in that income range. Page 13 CM l Figure 4 I ncorne sus Units Distribution (Current Lori -Terra Rental Categories) 453 35 s 3 5"w 207 w3 15'u qq 4- Q 541 R 'w�'ra�✓"�-":; F•dx ibcr of Unts. Surr__y Rcspo-i-icnt F'c€'C?_- 3t c Figure 4 shows an under supply of Category 1 and 4 units available relative to households with an employee in that income category range working in Pitkin County. The current maximum monthly rental rates for Category 1 and 4 two -bedroom units, respectively, are $732 and $2,090. Applicant's request to build eight Category 3 units does not align with APCHA's policy recommendations to create a more balanced mix of rental inventory. Request to build eight 2-bedroom units Figure 5 shows the existing 2-bedroom inventory across categories. Currently, Category 3 has the largest number and percentage of any 2-bedroom units (162). Category 2 has the second largest number (83) and percent (27%) of 2-bedroom unit. Whereas, Categories 1 and 4 have the fewest number and percent of 2-bedroom units. The data supports APCHA's policy position of creating a more balanced mix and match of categories and unit types. In this case, APCHA staff could support this as an all 2-bedroom project only if the units are not Category 3. Staff believes a project of all Category 4 or some mix of Category 4 and Category 2, if not Category 1, would better serve the community and the percentage of working households in Pitkin County at those income categories. However, APCHA also understands that the economic realities of such a small project as this — both short term and long term — may not support Category 1 units here. Page 14 Figure 5 APCHA 2-bedroom Rental Inventory Distribution (Excluding Seasonal Rentals) Current Category Category 1 Category 2 Category 3 Category 4 R© Total Inventory Counts Percentage 13 4% 83 27r,0 162 53.% 20 rA 28 9°/ 306 10Q°/0 Finally, with respect to the applicant's request to build eight 2-bedroom units, APCHA sees no issues with granting this based on the current number and proportion of two -bedroom rental units in its deed restricted inventory (Figure 6). Figure 6 APCHA Long -Terre Rental Inventory Distribution by Unit Type (Excluding Seasonal Rentals) Unit Type Count Percent of Inventory Studio 279 24.9% 1-bedroom 330 29.4% 2-8edroorn 306 27.3% 3-Bedroom 6-7 6.0° Dorm Unit 135 12.00/6 Single Family 4 0.41�4 Total 1121 1. C; According to Figure 6, 2-bedrooms account for 27% of the total long-term rental inventory; while studios and 1-bedrooms combined account for over 54%. Besides single-family, 3- bedroom units make up the fewest number and percent of rentals. However, based on the small size of the lot and the parking requirements associated with 3-bedroom units, APCHA is fine with recommending this project as all 2-bedrooms if none of them are Category 3. Request to Convert Rental Units to Ownership at Some Future Date The property is proposed as a rental project with the applicant acting as the landlord for now. The applicant originally wanted the option to convert these units to owner -occupied for -sale units at some future unspecified date. APCHA, however, prefers this (and similar projects) to remain rental in perpetuity. At its meeting with APCHA on October 30, 2017, the applicant agreed to accepting this condition and recommendation. Page 15 En Request Minimum Net Livable Square Footage Reduction Part III, Section 5A of the Housing Guidelines establishes Net Minimum Livable Square Footage for affordable workforce housing units for construction and conversion (Figure 7): Figure 7 Unit Size Min. SF Studio 500 1-Bedroom 700 2-Bedroom 900 3-Bedroom 1200 Single -Family Detached 1500 The Housing Guidelines permit a reduction in square footage if and only if an applicant can demonstrate a compelling reason for doing so, and if certain livability criteria and/or amenities will be met. The applicant is requesting a reduction in the net minimum livable square footage for all eight units based on: • Additional storage space located in a basement, and 2 storage units are located at grade for the ADA units. • All units are located above grade and include more windows than required by the Building Code. • Seven units are one floor maximizing interior living space by eliminating stairs and excessive hallways from the floor plans. One unit, Unit 102, is a stacked unit with two floors and a stairway. The stairway is limited and includes a small powder room beneath the stair. The stacked unit is the result from HPC and Planning Staff comments to reduce the mass and height along Main Street. • The project is located within close walking distance to Paepcke Park, the Yellow Brick playground and downtown Aspen. WeCycle kiosks and RFTA bus stops are located within a few blocks. • All units are located above grade with no subgrade or partially subgrade units. • The project can achieve a higher density of units with a reduction in unit size. Page 16 in M RECOMMENDATION(S): The APCHA Board reviewed the application at their regular meeting held November 1, 2017 and recommended approval with the following conditions: • At least 50% of the units shall be Category 4, with the balance at Category 4 or below; • Approval is granted as a 100% rental project. Although APCHA staff recommended the project remain as a rental project in perpetuity, the APCHA Board recommended that any change in the type of ownership requires an amendment pursuant to the City of Aspen Land Use Code, with a recommendation by the APCHA Board; • That all units meet the following criteria: 1. All bedrooms shall contain a closet. 2. All units shall include a refrigerator/freezer, stove/oven with hood, dishwasher, and washer/dryer hookups. 3. The deed restriction will be provided by APCHA prior to Certificate of Occupancy to include, but may not be limited to, the following: a. Owner hereby covenants that the Employee Dwelling Units (EDUs) shall always remain rental units unless otherwise approved by the City of Aspen, with a recommendation made by the APCHA Board. b. The use and occupancy of the EDUs shall henceforth be limited exclusively to housing for employees and their families who are employed in Pitkin County and who meet the definition of "qualified Category _ employee" as that term is defined by the qualification guidelines established and indexed by the Authority on an annual basis. The Owner shall have the right to lease the units to a "qualified Category_ employee" of his own selection. d. Written verification of employment of employee(s) proposed to reside in the units shall be completed and filed with the APCHA by the Owner of the units prior to occupancy thereof, and such verification must be acceptable to the APCHA. e. The units shall be required to be rented for periods of no less than six (6) consecutive months. Upon vacancy of any unit, the Owner is granted forty-five (45) days in which to locate a qualified employee. If an employee is not placed by the Owner, the APCHA may rent the unit to qualified employees. f. The maximum rental rate shall not exceed the Category rental rate as set forth in the Guidelines established by the APCHA and may be adjusted annually as set forth by the Guidelines. Rent shall be verified and approved by the APCHA upon submission and approval of the lease. Employees shall be qualified by the APCHA as to employment, maximum income and asset limitations PRIOR to occupancy. g. The Unit must meet minimum occupancy; i.e., one person per bedroom. h. Owner agrees to provide to APCHA upon request all information reasonably necessary to determine if there is full compliance with this Agreement. i. If APCHA has reasonable cause to believe the Owner and/or tenant is violating the provisions of this Agreement, the APCHA, by its authorized representative, may inspect the Property or units between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, after providing the Owner with no less than 24 hours' written notice. j. The APCHA, in the event a violation of this Agreement is discovered, shall send a notice of violation to the Owner and/or tenant, as may be applicable, detailing the Page 17 nature of the violation and following the Notice of Violation policy as stated in the Guidelines, and as amended from time to time, including payment of fines. If the violation continues, all units shall be turned over to the management of APCHA whereby the owner shall be charged a management fee established in the Guidelines at the time of the violation. k. There is hereby reserved to the parties' hereto all remedies provided by law for breach of this Agreement or any of its terms. In the event the parties resort to litigation with respect to any or all provisions of this Agreement, the prevailing party shall recover damages and costs, including reasonable attorney's fees, as well as any fees that may be instituted within the Guidelines and as they are amended from time to time. I. In the event any unit is leased without compliance herewith, such lease shall be wholly null and void and shall confer no title whatsoever upon the purported tenant. Every lease, for all purposes, shall be deemed to include and incorporate by this reference, the covenants herein contained, even without reference therein to this Agreement. M. If the Owner or tenant fails to cure any breach, the APCHA may resort to all available legal action, including, but not limited to, specific performance of this Agreement or a mandatory injunction requiring compliance by Owner and/or tenant. n. Whenever possible, each provision of this Agreement and any other related document shall be interpreted in such a manner as to be valid under applicable law; but if any such provision shall be invalid or prohibited under applicable law, such provision shall be ineffective to the extent of such invalidity or prohibition without invalidating the remaining provisions of this Agreement or another document. o. No claim of waiver, consent or acquiescence with respect to any provision of this Agreement shall be valid against any part hereto except based on a written instrument executed by the parties to this agreement. However, the party for whose benefit a condition is inserted herein shall have the unilateral right to waive such condition. P. The parties to this Agreement agree that any modifications of this Agreement shall be effective only when made in writing, signed by both parties and recorded with the Clerk and Recorder of Pitkin County, Colorado. q. The terms and provisions of this Deed Restriction shall constitute covenants running with the title to the property as a burden thereon for the benefit of, and shall be specifically enforceable by, the Managing Agent, the Association and/or Owner, by the APCHA, the City of Aspen, Colorado, and by their respective successors and assigns, by any appropriate legal action including, but not limited to, injunction, abatement, or eviction of non -qualified tenants. r. Owner and APCHA stipulate and agree that, in accordance with CRS 38-12- 301(1)(a) and (b), this Deed Restriction constitutes a voluntary agreement and deed restriction to limit rent and/or sales price on the property subject hereto and to otherwise provide affordable housing stock. Owner waives any right it may have to claim that this Deed Restriction violates CRS 38-12-301. Page 18 J-w5v-' ' 141W AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: L 210 IN - �1Cum <Sf , Aspen, CO SCHEDULED PUBLIC HEARING DATE: ID o— � f G.. 7WPtA 20 1 STATE OF COLORADO ) ) ss. County of Pitkin ) I, (name, please print) being or representing an Applicant to t e City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: y" Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the day of , 20_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAS or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. -Z,4vA� Signat e The foregoing "Affidavit of Notice" was acknowledged before me this /6 day of , 20 1Z , by wG NOTICE OF PUBLIC HEARING RE: 210 W. Main Street - Public Hearing: Tuesday, December 5, 2017, 4:30 PM Meeting Location: City Hall, Sister Cities 130 S. Galena St., Aspen, CO 81611 Project Location: 210 W. Main Street ft Legal Description: PID 273512440009 Block 51, Lots P & Q, City and Townsite of Aspen Description: The applicant is proposing demolition of the existing development on site and construc- tion of 8 new affordable housing units for the pur- pose of creating Certificates of Affordable Housing Credit. Land Use Reviews Req: Growth Management, Establishment of Certificates of Affordable Housing Credit Dec' WITNESS MY HAND AND OFFICIAL SEAL My commission expires: noon Making Body: Planning & Zoning Com- mission M�.rots KAREN REED PATTERSON AppIicam: e, LLC -eBox �"""iKi M NOTARY PUBLIC FLouisr further information information related to the project, contact Justin Barker at the City of STATE OF COLORADO Aspen Community Development Department, 130 LTTACHMENTS AS APPLICABLE: S. Galena St., Aspen, CO, (970) 429.2797, justin.b NOTARY ID #19964002767 arkerOct UBLICATION My Canmission Expu es February 15, 2020 Published in the Aspen Times on November 16, 2017. (0000147299) OF THE POSTED NOTICE (SIGN) • LIST OF I H.L' uWAERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 City of Aspen Community Development Department Aspen Historic Preservation Land Use Packet ATTACHMENT 6 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 210 W. Main Street , Aspen, CO SCHEDULED PUBLIC HEARING DATE: _December 5 , 20 17 STATE OF COLORADO ) County of Pitkin 1, Reilly Thimmons ) ss. (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. x Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the 10 day of November, 2017 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. x Mailing of notice: By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E) (2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (Continued on next page) City of Aspen 1130 S. Galena Street.1 (970) 920 5090 Historic Land Use Application Requirements, Updated: March 2016 U Lon City of Aspen Community Development Department Aspen Historic Preservation Land Use Packet Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing "Affidavit of Notice" was acknowledged before me this M day of 201, 6y TARA L. NELSON NOTARY PUBLIC STATE OF COLORADO NOTARY ID #20014030017 My Commission Expires September 25, 2021 WITNESS MY HAND AND 1O-F�FICIAL SEAL My commission expires:' ��- L. w6rn Notary Public ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL City of Aspen 1130 S. Galena Street.1 (970) 920 5090 Historic Land Use Application Requirements, Updated: March 2016 THE CITY OF ASPEN 130 S. Galena Street, Aspen, CO 81611 p: (970) 920.5000 f: (970) 920.5197 www.aspenpitkin.com NOTICE OF PUBLIC HEARING 210 West Main Street Project Location: 210 West Main Street Land Use Reviews: Growth Management, Establishment of Certificates of Affordable Housing Credit Decision Making Body: Planning and Zoning Commission Hearing Date: December 5, 2017, 4:30 p.m. Hearing Location: City Hall, Sister Cities; 130 S. Galena St; Aspen, CO 81611 Project Description: The applicant is proposing demolition of the existing development on site and construction of 8 new affordable housing units for the purpose of creating Certificates of Affordable Housing Credit. Legal Description: Lots P and Q, Block 51, City of Aspen, Colorado. Parcel ID: 2735-124-40-009 Applicant: King Louise, LLC, Theodore Guy, Manager, PO Box 1467, Basalt, CO 81621 Represented by BendonAdams. More Information: For further information related to the project, contact Justin Barker at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2797, justin.barker@cityofaspen.com a v � M A'I In Pitkin County Mailing List of 300 Feet Radius From Parcel: 273512440009 on 11/16/2017 �T %TKIN COUN &/-D*C�\g Instructions: This document contains a Mailing List formatted to be printed on Avery 6160 Labels. If printing, DO NOT "fit to page" or "shrink oversized pages." This will manipulate the margins such that they no longer line up on the labels sheet. Print actual size. Disclaimer: Pitkin County GIS presents the information and data on this web site as a service to the public. Every effort has been made to ensure that the information and data contained in this electronic system is accurate, but the accuracy may change. Mineral estate ownership is not included in this mailing list. Pitkin County does not maintain a database of mineral estate owners. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content at this site or at other sites to which we link. Assessing accuracy and reliability of information and data is the sole responsibility of the user. The user understands he or she is solely responsible and liable for use, modification, or distribution of any information or data obtained on this web site. http:/Jwww.piti inmapsandmore.com rm 212 WEST HOPKINS LLC SEVEN SEAS INVESTMENT LLC HITE ANGELA R FAMILY TRUST 212 W HOPKINS AVE 1120 MICHIGAN AVE PO BOX 155 ASPEN, CO 81611 WILMETTE, IL 60091 WOODY CREEK, CO 81656 HITE HENRY HARRIS REVOC TRUST CHISHOLM EDITH S CHISHOLM HEATHER M PO BOX 155 205 W MAIN ST 205 W MAIN ST WOODY CREEK, CO 81656 ASPEN, CO 81611 ASPEN, CO 81611 STEVENSON KAREN H 212 N SECOND ST LLC ELKINS LESLEE KEITH TRUST 205 W MAIN ST 509 GUISANDO DE AVILA #201 1001 FANNIN #700 ASPEN, CO 81611 TAMPA, FL 33613 HOUSTON, TX 77002 233 WEST BLEEKER LLC CHOOKASZIAN DENNIS JES 2002 GRANTOR TRUST 400 E MAIN ST #2 1100 MICHIGAN AVE 221 N STARWOOD DR ASPEN, CO 81611 WILMETTE, IL 60091 ASPEN, CO 81611 SHIELD JULIET E STEVENS BRUCE STEVENS LESLEY 221 N STARWOOD DR 214 W BLEEKER ST 214 W BLEEKER ST ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 KETTELKAMP TRUST LADA COMMUNITY PROPERTY TRUST MELTON DAVID 3408 MORRIS AVE 2860 AUGUSTA DR 135 W MAIN ST PUEBLO, CO 81008 LAS VEGAS, NV 89109 ASPEN, CO 81611 GLICKMAN ADAM RILEY AMY CLARK NEWKAM PATRICK C 644 FERNANDEZ JUNCOS AVE #301 129 W BLEEKER ST 211 W MAIN ST DISTRICT VIEW PLAZA MIRAMAR ASPEN, CO 81611 ASPEN, CO 81611 SAN JUAN PUERTO RICO 00907-3122, GUENTHER TODD NIMMO GUENTHER KELLY PESIKOFF DAVID 150 COLUMBUS AVE APT 16C 121 W BLEEKER ST 1811 NORTH BLVD NEW YORK , NY 10023 ASPEN, CO 81611 HOUSTON, TX 77098 118 NORTH FIRST LLC TYROL APARTMENTS LLC TYROLEAN LODGE LLC 623 E HOPKINS AVE 200 W MAIN ST 200 W MAIN ST ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 SKILOFT LLC MARTIN SCOTT M SAND KATHERINE M 11 GREENWAY PLAZA #2000 PO BOX 51 PO BOX 51 HOUSTON, TX 77046 ASPEN, CO 81611 ASPEN, CO 81612 GUNN ROBERT W FAMILY TRST GROVER FREDRICK W & PAULA J MAYER KEVIN 409 OCEAN AVE 399 MARSHALL HEIGHTS DR 222 W HOPKINS AVE #2 MARBLEHEAD, MA 01945 WEXFORD, PA 15090 ASPEN, CO 81611 GROSVENOR DENIS FCB LLC GASTON JOHN & KATHERINE 209 CAMINO DE LA MERCED # C PO BOX 6622 16 BRYNWOOD LN TAOS, NM 875716922 SNOWMASS VILLAGE, CO 81615-6622 GREENWICH, CT 06831 GREENASPEN LLC ASPEN HOUSE LLC GUNNING RALPH 30 ISLAND DR 225 N COLUMBUS DR #100 PO BOX 11912 KEY BISCAYNE, FL 33149 CHICAGO, IL 60601 ASPEN, CO 81612 ASPEN HOMEOWNERS ASSOCIATION GUNNING JANINE L MOUNTAIN LODGE HOLDINGS LLC 311 W MAIN ST PO BOX 11705 605 W MAIN ST # 2 ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 PRICE DOUGLAS CRETE ASSOCIATES LP HEINEMAN S MARLENE PO BOX 220 1062 E LANCASTER AVE #3013 PO BOX 810323 CABIN JOHN, MD 20818 BRYN MAWR, PA 19010 DALLAS, TX 753810323 BROWDE KRISTEN PRATA TEMPKINS HARRY & VMAN CHAMBERS PETE 604 QUAKER RD 605 LINCOLN RD 9301 PO BOX 220 CHAPPAQUA, NY 10514 MIAMI BEACH, FL 33139 CABIN JOHN, MD 20818 SILVERSTEIN PHILIP & ROSALYN JACOBY FAMILY LP KARP MICHAEL 25 KNOLLS CRESCENT APT 81 700 20TH ST 1630 LOCUST ST #200 BRONX, NY 10463 VERO BEACH, FL 32960 PHILADELPHIA, PA 19103 SHEEHAN WILLIAM J & NANCY E RICKEL DAVID SNYDER GARY 10 GOLF VIEW LN 275 GOLDENROD DR 8324 BROODSIDE RD FRANKFORT, IL 60423 LANDSDALE, PA 19446 ELKINS PARK, PA 19027 BOOKBINDER FISHDANCE & DELANEY LLC GARMISCH LODGING LLC TWIN COASTS LTD 164 LITTLE PARK RD 110 W MAIN ST 433 PLAZA REAL #275 GRAND JUNCTION, CO 81503 ASPEN, CO 81611 BOCA RATON, FL 33432 WEST HOPKINS LLC BERGHOFF KRISTIN TRUST BERGHOFF MICHAEL R TRUST PO BOX 61510 9112 WALNUT GROVE DR 9112 WALNUT GROVE DR POTOMAC, MD 20859 INDIANAPOLIS, IN 46236 INDIANAPOLIS, IN 46236 �.r CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 TIMBERLINE BANK 633 24 RD GRAND JUNCTION, CO 81505 220 WEST MAIN PARTNERS LLC 730 E COOPER AVE ASPEN. CO 81611 132 W MAIN LLC 1615 CALIFORNIA ST It 707 DENVER, CO 80202 DH ASE LLC 2711 CENTERVILLE RD # 400 WILMINGTON, DE 19808 SPERAW ENDEAVORS LLC PO BOX 6575 SNOWMASS VILLAGE, CO 81615 2401 BLAKE LLC 1615 CALIFORNIA ST # 707 DENVER, CO 80202 ROMANUS RAYMOND 19 RIVER OAKS DR CALUMET CITY, IL 60409 TACO 2 LLC 220 W MAIN ST #202 ASPEN, CO 81611 WEST MAIN VENTURES ASPEN MAIN OFFICE CONDO ASSOC AJAX VIEW COMMERCIAL/NORTH STAR OFF PO BOX 11977 220 W MAIN ST 132 W MAIN ST ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN CONDOS ASSOC WEST SIDE CONDO ASSOC GARET CONDO ASSOC COMMON AREA 234 W HOPKINS AVE 400 E MAIN ST #2 311 W MAIN ST ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 INNSBRUCK CONDO ASSOC BLUEGREEN VACATIONS UNLIMITED INC ` HOTEL ASPEN CONDO ASSOC 233 W MAIN ST 4960 CONFERENCE WY N #100 COMMON AREA ASPEN, CO 81611 BOCA RATON, FL 33431 110 W MAIN ST ASPEN, CO 81611 ASPEN MEDICAL CENTER CONDO ASSOC NORTHSTAR OFFICE BUILDING CONDO ASS DIMITRIUS RALLI TRUST COMMON AREA COMMON AREA 535 FREMONT DR W MAIN ST 122 W MAIN ST PASADENA, CA 91103 ASPEN, CO 81611 ASPEN, CO 81611 HAYMAX LODGING LLC 605 W MAIN ST #2 ASPEN, CO 81611 mr, iffivilli, P,U C'NOTICE owa. maim o. eon IF d16 INV 7� 4w Mr IM . L�n' M 0 THE CITY OF ASPEN Land Use Application Determination of Completeness Date: September 1, 2017 Dear City of Aspen Land Use Review Applicant, We have received your land use application for a 210 W Main Street GMOS and Affordable Housing Credits project and reviewed it for completeness. our Land Use Application is complete: Please submit the following items to initiate the land use review: • One additional hard copy of complete application Fee deposit of $4,225 Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2741 if you have any questions. Thank You, H' 1 S c , Planner City o sp , Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New PD Yes No oe Subdivision, or PD (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing ✓ Yes V No Commercial E.P.F. Lodging 0 • August 31, 2017 Planning and Zoning Commission RECEIVED c/o Justin Barker, Senior Planner Community Development Department SEP 1 2017 130 S. Galena Street Aspen, Colorado 81611 CITY OF ASPEN CWOJNTY OMNT RE: 210 West Main Street — Growth Management and Establishment of Affordable Housing Credits Planning Commission and Mr. Barker: The application proposes redevelopment of the property located at 210 West Main Street as a 100% affordable housing project with eight two -bedroom apartments in exchange for Certificates of Affordable Housing Credit. The conceptually approved site design includes two 2-story modules facing Main Street, and a 3-story rear module along the alley. Category 3 rental units are proposed with the ability to convert to "for sale" units in the future. The applicant intends to continue to rent to the current tenants as long as they qualify under APCHA's regulations. On May 23, 2017 the Planning and Zoning Commission approved an amendment to the deed restriction for the live/work space in Unit 7 that allows the commercial use to be removed and in turn, the deed restricted unit reverts back to a free market residential unit for a total of 8 existing free market residential units currently on the property. This project, located within the Main Street Historic District, was considered by HPC during three public hearings, receiving a unanimous 7 — 0 vote approving demolition, Conceptual Design Reviews, sideyard setback variances for minor deck and front porch projections, a reduction of the onsite parking requirement from 7 spaces to 6 spaces, and special review for a front yard setback for front porches on August 9th. City Council decided to not call up HPC's conceptual approvals on August 28tn Growth Management to develop 8 affordable housing units and to establish 18 Category 3 affordable housing credits is requested of the Planning and Zoning Commission prior to submitting for Final Design Reviews at HPC. The initial land use application was determined to be complete on February 21, 2017 and is subject to the Land Use Code in place at that time. Existing Conditions: The property was originally developed with eight free market studio/1-bedroom apartments, and is currently developed with 7 studio/1-bedroom apartments and 1 live/work space. The main building contains 6 apartments. The alley building houses Suzanne's Haircutting in apartment 7, a 435 sq. ft. space, and a Category 1 rental unit in apartment 8, which is 260 sq. ft. The site has six legal 300 SO SPRING ST 1 202 1 ASPEN, CO 81611 970.925.2855 1 BENDONADAMS.COM VW 210 West Main Street Growth Management + Housing Credits parking spaces, along the alleyway, two short of the current requirement. An existing curb cut along Main Street provides access to the property in addition to alley access. Table 1: Existine units Unit ` $, Bedrooms Total Net livable Area Minimum Size Requirement 1 studio 343 500 2 studio 453.5 500 3 1 460.8 500 4 1 399.9 500 5 studio 369.9 500 6 studio 362.5 500 7 studio 435.1 500 8 1 studio 260.2 500 TOTAL Proposal: A three story building with surface parking along the alley is proposed to contain eight 2-bedroom units. As allowed by the Land Use Code, Category 3 rental units are proposed with the ability to convert to "for sale" units in the future. The mass and scale was continually reduced and redesigned during the three HPC design reviews to better relate to the Historic Preservation Design Guidelines. All units are on one level with the exception of Unit 102 which is a stacked two bedroom unit located in the smaller module facing Main Street on the east of the property. This module was created to respond to HPC's massing concerns along Main Street. All units are 100% above grade. 8 3084.9 Figure 1: Rendering of Main Street elevation. Six onsite parking spaces are approved by HPC across the rear of the property. Code requirements and minimum parking space widths do not facilitate the ability to add any more parking across the alley. The Land Use Code requires one space per unit; however this property carries a deficit of one parking space, which means a total of 7 units are required. The applicant pursued an electric car and charging station onsite that would be shared by the tenants. The Transportation Department was not supportive of this idea because it would be challenging to monitor, and preferred that the tenants participate in the City's carshare program. Car -to -go cars are located at Paepcke Park, only a few blocks from the site. A bike rack Page 2 of 4 210 West Main Street Growth Management + Housing Credits is proposed onsite. HPC granted approval for 6 parking spaces as part of the August 9th conceptual application. Units are proposed as shown below: Table 2: Proposed unit sizes and configurations Total Net Unit Assigned livable Minimum Excess sf Unit Bedrooms Net Storage Area Size % per unit Cat. FTEs livable Outside (including Require- reduction (counting Unit storage) ment storage) 101* 2 835 168.8 1003.8 900 7% 103.8 3 2.25 102** 2 846 90 936 900 6% 36 3 2.25 103* 2 758.8 170 928.8 900 16% 28.8 3 2.25 201 2 846.5 91.4 937.9 900 6% 37.9 3 2.25 202 2 845.6 90.2 935.8 900 6% 35.8 3 2.25 203 2 758.2 89.3 847.5 900 16% -52.5 3 2.25 301 2 845.9 89 934.9 900 6% 34.9 3 2.25 302 2 845.4 92.4 937.8 900 6% 37.8 3 2.25 TOTAL 16 7,463 18 *Both units 101 and 103 are ADA units with storage in the basement and at ground level. **Unit 102 is the stacked unit facing Main Street. AN Each unit has assigned storage in the basement, or in the case of the two ADA units storage is on ground level. Counting the assigned walk in storage units as part of the net livable area pushes all of the units, except unit 203, over the minimum size requirement; however, the units are below the average unit size when the assigned storage is not counted toward the net livable of each unit. Criteria to grant a reduction to the minimum net livable square footage is addressed in Exhibit 1. All of the units are designed to maximize storage, natural light, and livability. Each unit has 2 bathrooms (unit 102 has 1% bath) and a private deck or patio. Green roofs are proposed for the flat roofs. An interior courtyard that is shielded from Main Street is proposed as a common gathering area. Figure 2: Rendering of interior courtyord between buildings. Page 3 of 4 '"0 210 West Main Street Growth Management + Housing Credits We look forward to discussing this project with Planning and Zoning - it is a great addition to the Main Street Historic District, ensures that the property remains multi -family housing, and provides affordable housing units within walking distance to downtown. Please contact me with any questions or concerns. Kind Regards, 564 ""'" - Sara Adams, AICP BendanAdams,, LLC Exhibits: 1- Review Criteria 2- Land Use Application 3- Agreement to Pay 4- Pre -application Summary 5- Title Commitment 6—Vicinity Map 7- HOA Form 8- Authorization to Represent 9- Drawings Page 4 of 4 CM I Exhibit 1 Growth Management Establishment of Housing Credits Growth Management 26.470.050.E General Requirements: All development applications for growth management review shall comply with the following standards. The reviewing body shall approve, approve with conditions or deny and application for growth management review based on the following generally applicable criteria and the review criteria applicable to the specific type of development: 1. Sufficient growth management allotments are available to accommodate the proposed development, pursuant to Subsection 26.470.030.D. Applications for multi -year allotments, pursuant to Paragraph 26.470.090.1 shall not be required to meet this standard. Response -This application requests 8 affordable housing allotments. According to Land Use Code Section 26.470.030.D, no annual limit applies to affordable housing. 2. The proposed development is compatible with land uses in the surrounding area, as well as with any applicable adopted regulatory master plan. Response - The neighborhood is a mix of commercial, residential and mixed use buildings. The proposed affordable housing units are consistent with the current multi family residential use of the property. 3. The development conforms to the requirements and limitations of the zone district. Response - The development conforms to the Mixed Use Zone District. 4. The proposed development is consistent with the Conceptual Historic Preservation Commission approval, the Conceptual Commercial Design Review approval and the Planned Development — Project Review approval, as applicable. Response -Conceptual Commercial Design Review was approved on August 9th. The proposed development is consistent with HPC's conceptual design approvals. S. Unless otherwise specified in this Chapter, sixty percent (60%) of the employees generated by the additional commercial or lodge development, according to Subsection 26.470.100.A, Employee generation rates, are mitigated through the provision of affordable housing. The employee generation mitigation plan shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing, at Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. If an applicant chooses to use a Certificate of Affordable Housing Credit as mitigation, pursuant to Chapter 26.540, such Certificate shall be extinguished pursuant to Chapter 26.540.90 Criteria for Administrative Extinguishment of the Certificate. Exhibit 1—Growth Management Review Affordable Housing Credits 210 W. Main St. Page 1 of 7 NW rn Response - Not applicable. 6. Affordable housing net livable area, for which the finished floor level is at or above natural or finished grade, whichever is higher, shall be provided in an amount equal to at least thirty percent (30%) of the additional free-market residential net livable area, for which the finished floor level is at or above natural or finished grade, whichever is higher. Affordable housing shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing, and be restricted to a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. Affordable housing units that are being provided absent a requirement ("voluntary units") may be deed -restricted at any level of affordability, including residential occupied. If an applicant chooses to use a Certificate of Affordable Housing Credit as mitigation, pursuant to Chapter 26.540, such Certificate shall be extinguished pursuant to Chapter 26.540.90 Criteria for Administrative Extinguishment of the Certificate, utilizing the calculations in Section 26.470.100 Employee/Square Footage Conversion. Response - Not applicable. 7. The project represents minimal additional demand on public infrastructure, or such additional demand is mitigated through improvement proposed as part of the project. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking and road and transit services. Response - The property is already developed with 8 multi family residential units. The existing live/work space is approved to be removed. The proposed 8 housing units represent minimal demand on the public infrastructure. The applicant commits to mitigating any additional demands on the public infrastructure as required by City Codes. 26.470.070.4 Affordable housing. The development of affordable housing deed -restricted in accordance with the Aspen/Pitkin County Housing Authority Guidelines shall be approved, approved with conditions or denied by the Planning and Zoning Commission based on the following criteria: a. The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing Authority. A recommendation from the Aspen/Pitkin County Housing Authority shall be required for this standard. The Aspen/Pitkin County Housing Authority may choose to hold a public hearing with the Board of Directors. Response - The proposed units comply with the APCHA Guidelines as shown below: Exhibit 1— Growth Management Review Affordable Housing Credits 210 W. Main St. Page 2of7 `4r *%W Response —All units are located above grade and all units provide more windows than required by Building Code. • Efficient, flexible layout with limited hall and staircase space; Response — Seven units are one floor which maximizes interior living space by eliminating stairs and excessive hallways from the floor plans. Only one unit, Unit 102, is a stacked unit with two floors and a stairway. The stairway is limited and a small powder room is beneath the stair to maximize space within the unit. The stacked unit results from HPC and Planning Staff comments to reduce the mass and height along Main Street. • Availability of site amenities, such as pool or proximity to park or open space; Response — The project is located within close walking distance to Paepcke Park, the Yellow Brick playground and downtown Aspen. Wecycle kiosks and RFTA bus stops are located within a few blocks. • Unit location within the development, i.e. above ground location versus ground level or below ground; and/or Response — All units are located above grade. There are no subgrade or partially subgrade units. Possibility that project can achieve higher density of deed restricted units with a reduction variance. Response — The project is able to achieve a higher density of units with a reduction in unit size. b. Affordable housing required for mitigation purposes shall be in the form of actual newly built units or buy -down units. Off -site units shall be provided within the City limits. Units outside the City limits may be accepted as mitigation by the City Council, pursuant to Paragraph 26.470.090.2. If the mitigation requirement is less than one (1) full unit, a fee -in -lieu payment may be accepted by the Planning and Zoning Commission upon a recommendation from the Aspen/Pitkin County Housing Authority. If the mitigation requirement is one (1) or more units, a fee -in -lieu payment shall require City Council approval, pursuant to Paragraph 26.470.090.3. A Certificate of Affordable Housing Credit may be used to satisfy mitigation requirements by approval of the Community Development Department Director, pursuant to Section 26.540.080 Extinguishment of the Certificate. Required affordable housing may be provided through a mix of these methods. Response - The proposed deed restricted units are not required for mitigation purposes. c. Each unit provided shall be designed such that the finished floor level of fifty percent (50%) or more of the unit's net livable area is at or above natural or finished grade, whichever is higher. This dimensional requirement may be varied through Special Review, Pursuant to Chapter 26.430. Response - All units are located above grade. Exhibit 1— Growth Management Review Affordable Housing Credits 210 W. Main St. Page 4 of 7 rn M Table 1: Proposed Affordable Housi Units 846 90 758.8 170 846.5 91.4 845.6 90.2 758.2 89.3 936 900 6% 36 3 9288 900 16% 28.8 3 937.9 900 6% 37.9 3 935.8 900 6% 35.8 3 847.5 900 16% -52.5 3 Each unit has assigned storage in the basement, or in the case of the two ADA units storage is on ground level. Counting the assigned walk in —90 sf storage units as part of the net livable area pushes all of the units except unit 203 are over the minimum size requirement. The units are below the average unit size when the assigned storage is not counted toward the net livable of each unit. Criteria to grant a reduction to the minimum net livable square footage is addressed below. Permitted Adjustments to Net Minimum Livable Square Footage The approval of the city or county of Net Minimum Livable square footage of affordable housing units for construction or conversion must be obtained prior to the issuance of a building permit. Any adjustment is subject to the approval of the city or county. 1. Permitted Reduction of Square Footage Net Minimum Livable Square Footage may be reduced by the city or county based on the specific criteria identified below, and if the permit applicant sufficiently demonstrates that construction requires accommodation for physical conditions of the property or in consideration of design for livability, common storage, amenities, location and site design, including but not limited to provisions for the following: • Significant storage space located outside the unit; Response —Additional storage is located in the basement, and 2 storage units are located at grade for the accessible units. Storage is about —90 sf in size as shown in the table above and on page A2.4 of the drawings. • Above average natural light, i.e. more windows than required by code; Exhibit 1— Growth Management Review Affordable Housing Credits 210 W. Main St. Page 3 of 7 *4"rw NOW d. The proposed units shall be deed -restricted as "for sale" units and transferred to qualified purchasers according to the Aspen/Pitkin County Housing Authority Guidelines. The owner may be entitled to select the first purchasers, subject to the aforementioned qualifications, with approval from the Aspen/Pitkin County Housing Authority. The deed restriction shall authorize the Aspen/Pitkin County Housing Authority or the City to own the unit and rent it to qualified renters as defined in the Affordable Housing Guidelines established by the Aspen/Pitkin County Housing Authority, as amended. The proposed units may be rental units, including but not limited to rental units owned by an employer or nonprofit organization, if a legal instrument in a form acceptable to the City Attorney ensures permanent affordability of the units. The City encourages affordable housing units required for lodge development to be rental units associated with the lodge operation and contributing to the long-term viability of the lodge. Units owned by the Aspen/Pitkin County Housing Authority, the City of Aspen, Pitkin County or other similar governmental or quasi -municipal agency shall not be subject to this mandatory "for sale" provision. Response - The applicant proposes a 100% rental project with the ability to convert to for -sale in the future. Category designation is Category 3. e. Non -Mitigation Affordable Housing. Affordable housing units that are not required for mitigation, but meet the requirements of Section 26.470.070.4(a-d). The owner of such non -mitigation affordable housing is eligible to receive a Certificate of Affordable Housing Credit pursuant to Chapter 26.540. Response - The affordable housing units are all voluntary units which are eligible for affordable housing credits, addressed below. 26.470.070.5 Demolition or redevelopment of multi -family housing. The City's neighborhoods have traditionally been comprised of a mix of housing types, including those affordable by its working residents. However, because of Aspen's attractiveness as a resort environment and because of the physical constraints of the upper Roaring Fork Valley, there is constant pressure for the redevelopment of dwellings currently providing resident housing for tourist and second -home use. Such redevelopment results in the displacement of individuals and families who are an integral part of the Aspen work force. Given the extremely high cost of and demand for market -rate housing, resident housing opportunities for displaced working residents, which are now minimal, will continue to decrease. Preservation of the housing inventory and provision of dispersed housing opportunities in Aspen have been long-standing planning goals of the community. Achievement of these goals will serve to promote a socially and economically balanced community, limit the number of individuals who face a long and sometimes dangerous commute on State Highway 82, reduce the air pollution effects of commuting and prevent exclusion of working residents from the City's neighborhoods. The Aspen Area Community Plan established a goal that affordable housing for working residents be provided by both the public and private sectors. The City and the Aspen/Pitkin County Housing Authority have provided affordable housing both within and adjacent to the City limits. The private sector has also provided affordable housing. Nevertheless, as a result of the replacement of resident housing with second homes and tourist accommodations and the steady increase in the size of the workforce required to assure the continued viability of Aspen area businesses and the City's tourist - Exhibit 1— Growth Management Review Affordable Housing Credits 210 W. Main St. Page 5 of 7 on cm based economy, the City has found it necessary, in concert with other regulations, to adopt limitations on the combining, demolition or conversion of existing multi -family housing in order to minimize the displacement of working residents, to ensure that the private sector maintains its role in the provision of resident housing and to prevent a housing shortfall from occurring. The combining, demolition, conversion or redevelopment of multi -family housing shall be approved, approved with conditions or denied by the Planning and Zoning Commission based on compliance with the following requirements (see definition of demolition.): 1. Requirements for combining demolishing; converting or redeveloping free-market multi -family housing units: Only one (1) of the following two (2) options is required to be met when combining, demolishing, converting or redeveloping a free-market multi -family residential property. To ensure the continued vitality of the community and a critical mass of local working residents, no net loss of density (total number of units) between the existing development and proposed development shall be allowed. a. One -hundred -percent replacement. In the event of the demolition of free-market multi- family housing, the applicant shall have the option to construct replacement housing consisting of no less than one hundred percent (100%) of the number of units, bedrooms and net livable area demolished. The replacement units shall be deed -restricted as resident occupied affordable housing, pursuant to the Guidelines of the Aspen/Pitkin County Housing Authority. An applicant may choose to provide mitigation units at a lower category designation. Each replacement unit shall be approved pursuant to Subsection 4, Affordable housing, of this Section. When this one -hundred -percent standard is accomplished, the remaining development on the site may be free-market residential development with no additional affordable housing mitigation required as long as there is no increase in the number of free-market residential units on the parcel. Free-market units in excess of the total number originally on the parcel shall be reviewed pursuant to Paragraph 26.470.070.3, Expansion of free-market residential units within a multi -family or mixed -use development. b. Fifty -percent replacement. In the event of the demolition of free-market multi -family housing and replacement of less than one hundred percent (100%) of the number of previous units, bedrooms or net livable area as described above, the applicant shall be required to construct affordable housing consisting of no less than fifty percent (50%) of the number of units, bedrooms and the net livable area demolished. The replacement units shall be deed - restricted as Category 4 housing, pursuant to the guidelines of the Aspen/Pitkin County Housing Authority. An applicant may choose to provide mitigation units at a lower category designation. Each replacement unit shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing. When this fifty -percent standard is accomplished, the remaining development on the site may be free-market residential development as long as additional affordable housing mitigation is provided pursuant to Paragraph 26.470.070.3, Expansion of free-market residential units within a multi -family or mixed -use project, and there is no increase in the number of free- market residential units on the parcel. Free-market units in excess of the total number originally on the parcel shall be reviewed pursuant to Paragraph 26.470.070.7, New free- market residential units within a multi -family or mixed -use project. Exhibit 1— Growth Management Review Affordable Housing Credits 210 W. Main St. Page 6 of 7 0 c. One -hundred percent affordable housine replacement. When one -hundred -percent of the free-market multi -family housing units are demolished and are solely replaced with deed - restricted affordable housing units on a site that are not required for mitigation purposes including any net additional dwelling units, pursuant to Section 26.470 070 4 Affordable Housing: all of the units in the redevelopment are eligible for a Certificate of Affordable Housing Credit, pursuant to Section 26.540 Certificate of Affordable Housing Credit Any remaining unused free market residential development rights shall be vacated Response — The applicant proposes to demolish the 8 free market residential units and to provide 8 deed restricted affordable housing units. Certificates of Affordable Housing Credit are addressed below. Certificates of Affordable Housing Credit The project proposes 8 deed restricted Category 3 units, which equals 18 credits as calculated in Table 2. Table 2: Generated FTES 101 2 2.25 102 2 2.25 103 2 2.25 201 2 2.25 202 2 2.25 203 2 2.25 301 2 2.25 302 2 2.25 8 16 18 FTES units bedrooms 26.540.070 Review criteria for establishing an affordable housing credit. An Affordable Housing Credit may be established by the Planning and Zoning Commission if all of the following criteria are met. The proposed units do not need to be constructed prior to this review. A. The proposed affordable housing unit(s) comply with the review standards of Section 26.470.070.4(a- d). Response —These standards are addressed above. B. The affordable housing unit(s) are not an obligation of a Development Order and are not otherwise required by this Title to mitigate the impacts of development. Response — The proposed units are not affected by a Development Order and are not committed to satisfy mitigation requirements for any other development. Exhibit 1— Growth Management Review Affordable Housing Credits 210 W. Main St. Page 7 of 7 RE: C SEP CITY 4F ASPEN %0#1 1 __L_:V:a 4% ATTACHMENT 2 - LAND USE APPLICATION 0&7` • -2-0 PROJECT: Name: King Louise Affordable Housi Location: 210 W. Main St., Block 51, Lots P & Q, Parcel ID # (REQUIRED) 2735-124-40-009 APPLICANT: and Townsite of Aspen Name: King Louise, LLC Address: P.O. Box 1467, Basalt, CO 81621 Phone #: 970-927-3167 tkga@tkga.net REPRESENTIVATIVE: Name: BendonAdams - Sara Adams Address: 300 So. Spring St., #202, Aspen, CO 81611 Phone#: 970-925-2855 sara@bendonadams.com 0 GMQS Exemption GMQS Allotment Special Review ESA —8040 Green line, Stream 0 Margin, Hallam Lake Bluff, 0 Mountain View Plane Commercial Design Review Residential Design Variance Conditional Use Conceptual PUD Temporary Use (� Final PUD (& PUD Amendment) Subdivision = Conceptual SPA [� Subdivision Exemption (includes Condominiumization) Final SPA (&SPA 0 Lot Split Amendment) Lot Line Adjustment Small Lodge Conversion/ Expansion X Other: Housing Credits EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) multi -family residential building with a live/work studio at the rear. PROPOSAL: (Description of proposed buildings, uses, modifications, etc.) 8 affordable housing 2-bedroom units. Have you attached the following? FEES DUE: $ 4,225. Pre -Application Conference Summary Attachment #1, Signed Fee Agreement Response to Attachment #3, Dimensional Requirements Form Response to Attachment #4, Submittal Requirements — including Written Responses to Review Standards 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre -application conference summary will indicate if you must submit a 3-D model. March, 2016 City of Apen 1 130 S. Galena St. 1 (970) 920 5050 M ( C. including any net additional dwelling units pursuant to Section 26.470.070.4, Affordable Housing; all of the units in the redevelopment are eligible for a Certificate of Affordable Housing Credit pursuant to Section 26.540 Certificate of Affordable Housing Credit. Any remaining unused free market residential development rights shall be vacated. Response — The applicant proposes to demolish the 8 free market residential units and to provide 8 deed restricted affordable housing units. Certificates of Affordable Housing Credit are addressed below. Certificates of Affordable Housing Credit The project proposes 8 deed restricted Category 3 units, which equals 18 credits as calculated in Table 2. Table 2: Generated FTES 101 2 2.25 102 2 2.25 103 2 2.25 201 2 2.25 202 2 2.25 203 2 2.25 301 2 2.25 302 2 2.25 8 16 18 FTES units bedrooms 26.540.070 Review criteria for establishing an affordable housing credit. An Affordable Housing Credit may be established by the Planning and Zoning Commission if all of the following criteria are met. The proposed units do not need to be constructed prior to this review. A. The proposed affordable housing unit(s) comply with the review standards of Section 26.470.070.4(a- d). Response —These standards are addressed above. B. The affordable housing unit(s) are not an obligation of a Development Order and are not otherwise required by this Title to mitigate the impacts of development. Response — The proposed units are not affected by a Development Order and are not committed to satisfy mitigation requirements for any other development. Exhibit 1— Growth Management Review Affordable Housing Credits 210 W. Main St. Page 7 of 7 I►= IM ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM SEP 1 ?017 Project: 210 West Main Street Affordable Housing Project (XL Applicant: King Louise, LLC Location: 210 West Main Street Zone District: Mixed Use Lot Size: 6,000 Lot Area: 6,000 (For the purpose of calculating Floor Area, Lot Area may be reduced for areas within the high-water mark, easement, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: 435 sf Proposed: Number of residential units: Existing: 7-8 Proposed: Number of bedrooms: Existing: Proposed: 8 16 Proposed % of demolition (Historic properties only): 100 DIMENSIONS: Floor Area: Existing: 3,282 Allowable: 6,000-7,500 Proposed -7,400 Principal bldg. height: Existing: 23.75' Allowable: 32' Proposed 19.5' - 29' Access. Bldg. height: Existing: n/a Allowable: Proposed On -Site parking: Existing: 6 Required: 7 Proposed 6 Site coverage: Existing: n/a Required: Proposed Open Space: Existing: n/a Required: Proposed Front Setback: Existing: -20' Required 5' - 10, Proposed 10'to building, 5'to porch roof Rear Setback: Existing: 5' Required: 5' Proposed 8'9" Combined F/F: Existing: n/a Required Proposed Side Setback: Existing: g 5' Required: 5' Proposed 5' to building18" projections for rla kelp—h—apr,=ed Side Setback: Existing: 5' Required 5' Proposed nerkwnnrrne8_arofep ctionsfor yPd Combined Sides: Existing: n/a Required Proposed Distance between Bldgs. Existing: Required: Proposed Existing: Required: Proposed: Existing non -conformities or encroachments: none. Variations requested: none. i T) ) Iq 7 r exhibit CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement• Pay Application Fees An agreementj,*tween the City of Aspen ("City") and Property . King Louise, LLC Phone No.: Email: 927-3167 Owner ("I"): tkga@tkga.net Address of 210 W. Main Street Property: Aspen, CO 81611 Billing Address: PO Box 1467 Basalt, CO 81621 (Subject of (send bills here) application) I understand that the City has adopted, via Ordinance No., Series of 2011, review fees for Land Use applications and payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $. 975 flat fee for APCHA $. flat fee for L�,S-L,�-/ $, flat fee for $, flat fee for For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. i understand and agree that it is impracticable for City staff to complete processing, review and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy Including consequences for no -payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. 1) $ 3?50 no deposit for 10 31 hour of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ deposit for �� hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: Jessica Garrow, AICP Community Development Director City Use: Fees Due: $_Received $ Property.Slw �. Name: Theodore K. Guy Title: King Louise, LLC March, 2016 City of Apen 1130 S. Galena St. 1(970) 920 5050 E�M i. RETAM Fit PERMANENT NOW SEP 1' 2017 �kr I , I.I '"' exhibit 4 CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Justin Barker, 970.429.2797 DATE: 7/25/17 PROJECT: 210 W. Main Street REPRESENTATIVE: Sara Adams, BendonAdams REQUEST: Growth Management, Establishment of Certificates of Affordable Housing Credit DESCRIPTION: 210 W. Main Street is a 6,000 Sq. ft. lot in the Mixed Use (MU) zone district. Although the property is not designated, it is located within the Main Street Historic District. The Applicant would like to demolish the existing development and construct affordable housing to create Affordable Housing Credits. Both the demolition of existing multi -family housing and the development of affordable housing require Growth Management review. The Applicant currently has an application in for Conceptual Review with the Historic Preservation Commission, which was submitted on February 21, 2017. An application for Growth Management review may only be accepted after Conceptual Review is granted by HPC, pursuant to Section 26.470.110.A(4). The establishment of Affordable Housing Credits may be reviewed concurrently with Growth Management at a public hearing with the Planning and Zoning Commission. Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use App: hftp://www.asi)enpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%2OFees/2013%20land%20use%2Oapp%20form pdf Land Use Code: hftp://www.aspenpitkin.com/Departments/Community-DevelopmenYPIanninc -and-Zonina/Title-26-Land-Use-Code/ Land Use Code Sections 26.304 Common Development Review Procedures 26.470.050 GMQS —General Requirements 26.470.070.4 GMQS — Affordable Housing 26.470.070.5 GMQS — Demolition or redevelopment of multi -family housing 26.540 Certificates of Affordable Housing Credit Review by: Staff for complete application APCHA for referral MCEIVED Planning and Zoning Commission for decisions Public Hearing: Yes, at P&Z SEP 1 2017 CITY OF ASPEN Planning Fees: $3,250 for 10 hours of staff time COMML" Y DEVELOPMENT Referral Fees: $975 flat fee — APCHA Total Deposit: $4,225 (additional/less planning hours over/under deposit amount are billed/refunded at a rate of $325/hour) To apply, submit one copy of the following information: AHPC Growth Management 210 W. Main Street PID #273512440009 1 rM In CT"Completed Land Use Application and signed fee agreement. ff Pre -application Conference Summary (this document). L( 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. Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. Ef HOA Compliance form (Attached) El" 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 and relevant land use approvals associated with the property. E( Written responses to all review criteria. ET' An 81/2" by 11" vicinity map locating the parcel within the City of Aspen. ❑ List of adjacent property owners within 300' for public hearing. C3' Scaled drawings of all proposed structure(s) or addition(s) depicting their form, including their height, massing, scale, proportions and roof plan; and the primary features of all elevations. Floor plans for all units, including net livable area calculations and proposed Category designations. If the copy is deemed complete by staff, the following items will then need to be submitted: ❑ 1 digital PDF copy.of the complete application packet. ❑ Total deposit for review of the application. Disclaimer: The foregoing =summary is adyi ' ira nature only and is not binding on the City. The summary is based on current zoning, which is subject to chdng0h the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. 2 VAW exhibit 5 Title Insurance Commitment ISSUED BY First American Title Insurance Company Commitment INFORMATION The Title Insurance Commitment is a legal contract between you and the Company. It is issued to show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title, subject to the limitations shown in the Policy. The Company will give you a sample of the Policy form, if you ask. The Policy contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or you as the exclusive remedy of the parties. You may review a copy of the arbitration rules at htto:/Iwww.alta.orgl. The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction may affect the Commitment and the Policy. The Commitment is subject to its Requirements, Exceptions and Conditions. THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT. YOU SHOULD READ THE COMMITMENT VERY CAREFULLY. If you have any questions about the Commitment, contact: FIRST AMERICAN TITLE INSURANCE COMPANY 1 First American Way, Santa Ana, California 92707 TABLE OF CONTENTS AGREEMENT TO ISSUE POLICY CONDITIONS SCHEDULE A Insert 1. Commitment Date 2. Policies to be Issued, Amounts and Proposed Insureds 3. Interest in the Land and Owner 4. Description of the Land SCHEDULE B-I - REQUIREMENTS Insert SCHEDULE B-II - EXCEPTIONS Insert AGREEMENT TO ISSUE POLICY We agree to issue policy to you according to the terms of the Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: • The Provisions in Schedule A. • The Requirements in Schedule B-I. • The Exceptions in Schedule B-II. • The Conditions on Page 2. This Commitment is not valid without SCHEDULE A and Sections I and II of SCHEDULE B. First American Title Insurance Company t 4l��ItlE INabl4, 0 w f� m SEPiEMiER 2A. ~sue'•, Igo 4% "c ....... Dennis J. Gilmore President WiCS fat SEP 1 204 CITY OFNOR�Fi % O� Timothy Kemp Secretary (This Commitment is valid only when Schedules A and B are attached) This jacket was created electronically and constitutes an original document Copyright 2006.2009 American Land Title Association. All rights reserved. The use of this form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5011000 (6-22-10) Page 1 of 2 1 ALTA Plain Language Commitment (6-17-06) cm En 1. DEFINITIONS CONDITIONS (a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records" means title records that give constructive notice of matters affecting your title according to the state statutes where your land is located. 2. LATER DEFECTS The Exceptions in Schedule B - Section II may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B - Section I are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have, met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: Comply with the Requirements shown in Schedule B - Section or Eliminate with our written consent any Exceptions shown in Schedule B - Section II. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any clairrt" whether or not based on negligence, which you may have against us concerning the title to the land must be based on thfs Commitmentand is subject to its terms. Form 5011000 (6-22-10) Page 2 of 2 1 ALTA Plain Language Commitment (6-17-06) American Land Title Association First American Title Insurance Co. Commitment No.: 16003520 SCHEDULE A 1. Effective Date: February 7, 2017 at 07:45 AM 2. Policy or Policies to be issued: A. ALTA Owners Policy (06/17/06) Proposed Insured: TBD Certificate of Taxes Due Endorsements: Additional Charges: Amount TBD ALTA Commitment Form Adopted 6-17-06 Total 3. The estate or interest in the land described or referred to in this Commitment is Fee simple. 4. Title to the Fee simple or interest in the land is at the Effective Date vested in: KING LOUISE LLC, a Colorado limited liability company 5. The land referred to in the Commitment is described as follows: SEE EXHIBIT A ATTACHED HERETO For informational purposes only, the property address is: 210 West Main Street, Aspen, CO 81611. Attorneys Title Insurance Agency of Aspen, LLC BY V"4&U11— Premium $0.00 $0.00 $0 $0.00 Winter VanAlstine Authorized Officer or Agent FOR INFORMATIONAL PURPOSES OR SERVICES IN CONNECTION WITH THIS COMMITMENT, CONTACT: Attorneys Title Insurance Agency of Aspen, LLC, 715 West Main Street, Suite 202, Aspen, CO 81611, Phone: 970 925-7328, Fax: 970 925-7348. Copyright 2006-2009 American Land Title Association. All right reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. "I4 JCAN --�5SCkC IA1 KIN 16003520 - B En American Land Title Association Commitment No.: 16003520 First American Title Insurance Co. SCHEDULE B ALTA Commitment Form Adopted 6-17-06 1. Requirements: 1. Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. 2. Pay us the premiums, fees and charges for the policy. 3. Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded. 4. You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. 5. Payment of all taxes, charges and assessments, levied and assessed against the subject premises which are due and payable. 6. A Certification of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or an authorized agent (pursuant to Senate Bill 92-143, CRS 10-11-122). 7. Receipt by the Company of the appropriate affidavit as to new construction and indemnifying the Company against any unfiled materialmen's or mechanic's liens. 8. Warranty Deed must be sufficient to convey the fee simple estate or interest in the land described or referred to herein, from King Louise, LLC, a Colorado limited liability company, to TBD, the proposed insured, Schedule A, item 2A. NOTE: C.R.S. Section 38-35-109(2) required that a notation of the purchaser's legal address, (not necessarily the same as the property address) be included on the face of the Deed to be recorded. 9. Record a Statement of Authority to provide prima facie evidence of existence of KING LOUISE LLC, a Colorado limited liability company, an entity capable of holding property, and the name of the person authorized to execute instruments affecting title to real property as authorized by C.R.S. Section 38-30-172. 10. Certificate of Good Standing from the Colorado Secretary of State for KING LOUISE LLC, a Colorado limited liability company. 11. A copy of the properly signed and executed Operating Agreement if written, for KING LOUISE LLC, a Colorado limited liability company, to be submitted to the Company for review. 12. Additional Requirements may be included once the name of the Buyer is provided. 13. Improvement Survey Plat sufficient in form, content and certification acceptable to the Company. Exception will be taken to adverse matters disclosed thereby. (REQUIREMENT SATISFIED). 14. This Title Commitment is subject to underwriter approval. Copyright 2006-2009 American Land Title Association. All right reserved. A4hIRICAN The use of this Form is restricted to ALTA licensees and ALTA members CC, in good standing as of the date of use. All other uses are prohibited. AS%41(: 1A I 14JN Reprinted under license from the American Land Title Association., w 16003520 - B L'n American Land Title Association Commitment No.: 16003520 First American Title Insurance Co. SCHEDULE B (Continued) ALTA Commitment Form Adopted 6-17-06 2. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. Any facts, rights, interests or claims which are not shown by the Public Records, but which could be ascertained by an inspection of the Land or by making inquiry of persons in possession thereof. 2. Easements, or claims of easements, not shown by the Public Records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the Land would disclose, and which are not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown in the Public Records. 5. Any and all unpaid taxes, assessments and unredeemed tax sales. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 7. Taxes and assessments for the year 2016 and 2017, and subsequent years, a lien not yet due or payable. 8. Reservations and exceptions as set forth in the Deed from the City of Aspen providing as follows: "That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws", dated October 7, 1887, and recorded October 7, 1887, in Book 59 at Page 12, as Reception No. 020679. 9. Terms, conditions, provisions, agreements and obligations specified under the Patent, dated January 29, 1897, and recorded March 1, 1897, in Book 139 at Page 216, as Reception No. 060156. 10. Terms, conditions, provisions, agreements and obligations specified under An Ordinance Designating As An Historic District all of those Properties Abutting (on the North and South) Main Street Between Monarch and Seventh Streets, andall of Paepcke Park, Within the City of Aspen: Which Area is More Particularly Described as Lots K, L, M, N, O, P, Q, R and S of Block 18, 24, 30, 37, 44, 51, 58, 66, 73; Lots A, B, C, D, E, F, G, H and J of Blocks 19, 25, 31, 38, 45, 52, 59, 71; and all of Block 67 of the Original Aspen Townsite (Ordinance No. 60, Series of 1976), dated October 25, 1976, and recorded December 9, 1976, in Book 321 at Page 51, as Reception No. 189906. 11. Terms, conditions, provisions, agreements and obligations specified under the Occupancy Deed Restriction and Agreement for an Employee Dwelling Unit Approved Pursuant to Section 3-1510 of the Pitkin County Land Use Code, dated September 5, 1995, and recorded October 18, 1995, in Book 797 at Page 119, as Reception No. 386545. Copyright 2006-2009 American Land Title Association. All right reserved. A11[gtt:.AN The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. !A, 0 'fit f I All other uses are prohibited. Reprinted under license from the American Land Title Association. ANSOCIA1 KIN 16003520 - B cm M American Land Title Association Commitment No.: 16003520 First American Title Insurance Co. SCHEDULE B (Continued) ALTA Commitment Form Adopted 6-17-06 12. Any existing leases or tenancies, and any and all parties claiming by, through or under said lessees. 13. Any and all notes, easements and recitals as disclosed on the Improvement Survey Plat, provided by Sopris Engineering - LLC, dated May 2007. 14. Deed of Trust from King Louise LLC, a Colorado limited liability company, to the Public Trustee of Pitkin County for the benefit of Alpine Bank, a Colorado Banking Corporation, to secure an indebtedness in the principal sum of $250,000.00, and any other amounts and/obligations secured thereby, dated May 20, 2016, and recorded June 7, 2016, as Reception No. 629837. Copyright 2006-2009 American Land Title Association. All right reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. A.NERICAN iu—a?itr%w r�s5ix: i�t1 a+tn 16003520 - B In iM Commitment No.: 16003520 First American Title Insurance Co. EXHIBIT A PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: Lots P&Q, Block 51, CITY AND TOWNSITE OF ASPEN, Pitkin County, Colorado. ALTA Commitment 16003520 - B Exhibit A {4ry AMC Fil" t American Tide DISCLOSURE STATEMENT Pursuant to C.R.S. 30-10-406(3)(a) all documents received for recording or filing in the Clerk and Recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-half of an inch. The Clerk and Recorder will refuse to record or file any document that does not conform to the requirements of this section. NOTE: If this transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the disclosure/withholding provisions of C.R.S. 39-22-604.5 (Nonresident withholding). NOTE: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title commitment, other than the effective date of the title commitment, for all matters which appear of record prior to the time of recording whenever the title insurance company, or its agent, conducts the closing and settlement service that is in conjunction with its issuance of an owner's policy of title insurance and is responsible for the recording and filing of legal documents resulting from the transaction which was closed. Pursuant to C.R.S. 10-11-122, the company will not issue its owner's policy or owner's policies of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes due or other equivalent documentation from the County Treasurer or the County Treasurer's authorized agent; or until the Proposed Insured has notified or instructed the company in writing to the contrary. The subject property may be located in a special taxing district. A Certificate of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. Information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B. That such mineral estate may include the right to enter and use the property without the surface owner's permission. NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1-2, Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1-2, Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or material -men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium, fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. First American Title Insurance Company NOTE: Pursuant to C.R.S. 38-35-125(2) no person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a matter of right. NOTE: C.R.S. 39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee. NOTE: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of an ALTA Closing Protection Letter which may, upon request, be provided to certain parties to the transaction identified in the commitment. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. First American Title Insurance Company ,%W 1400, ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC 715 West Main Street, Suite 202 Aspen, CO 81611 Attorneys Title Insurance Agency of Aspen, LLC Privacy Policy Notice PURPOSE OF THIS NOTICE Title V. of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial institution, directly or through it affiliates, from sharing non-public personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Attorneys Title Insurance Agency of Aspen, LLC. We may collect nonpublic personal information about you from the following sources • Information we receive from you, such as on application or other forms. • Information about your transactions we secure from out files, or from our affiliates or others. • Information we receive from a consumer reporting agency. • Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customer to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: • Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. • Non -financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. TELEPHONE 970 925-7328 A A l FACSIMILE 970 925-7348 %NW 210 West Main Street IR ; ;4- RA�� .2 ca Low Voltage Experts A4, in St Aspen Mountain LodgC e Annabelle Inn The Innsbruclx Tyrofe;gn Lodge Exhibit Hotel Aspen RECEIVED su 1 2017 C,Ty OF ASPP"ENA" ...ft CN#Xm DMOI M M exhibit 7 Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed b the property owner or Attomey representing the property owner. Property Name: King Louise, LLC Owner 01: Email: tkga@tkga.net Phone No.: 927-3167 Address of Property: 210 W Main Street (subject of Aspen CO 81611 application) I certify as follows: (pick one) 0 This property is not subject to a homeowners association or other form of private covenant. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners aslocialion or. covenant beneficiary. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners assgelation or covenant beneficiary. Evidence of approval is attached. ;7 .. I understand this policy d "understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effecyof private covenants or homeowner association rules or bylaws. I understand that this documeritlis a pubic document., Owner signature: Owner printed name: Theodore Guy pf„, Attorney signature: Attorney printed name: RECEIVED SEP 1.` 2017 date..:02-15-2017 date, CITY OF ASPEN COMIWUrtiY DMOPWNT LJ Exhibit 8 �011-wu4-is Lei i wq r, i i i �. February 15, 2017 Ms. Jessica Garrow, AICP Community Development Director City of Aspen 130 So. Galena St. Aspen, Colorado 81611 RE: 210 West Main Street; Aspen, CO. Ms. Garrow: Please accept this letter authorizing BendonAdams, LLC, to represent our ownership interests in 210 West Main Street and act on our behalf on matters reasonably associated in securing land use approvals for the property. If there are any questions about the foregoing or if I can assist, please do not hesitate to call. Property — Lots P&Q, Block 51, CITY AND TOWNSITE OF ASPEN, Pitkin County, Colorado. 210 West Main Street. Owner — KING LOUISE LLC, a Colorado limited liability company. Kind Re ards, Theodore Guy Manager King Louise LLC PO Box 1467 Basalt, CO 81621 970.927.3167 RECEIVED SEP 12017 CITY OF ASPEN COMAK"TY DEVEL'' MEW 300 SO SPRING ST 1 202 1 ASPEN, CO 81611 970.925.2865 1 BENDONADAMS.COM N \ 00 O z w w v Q z Q 0 2 O v w D V) ECEIVED SEP I' h17 � F M w v) -"\ EXISTING ALLEY BUILDING PLAN IM Ej LEVEL FAR M'00R AREA. FAm (F.h.RJ GALGULl. --r2E ALLOA1,5LE AREA: SUILDM6 6000.0 DEOKS 900.0 APARTMENTS AS.4LAL CA&tAR VMCK5 005TN6 ALLEY WLDR46 ".2 595.2 0.0 FRONT SUILDM6 6ARDEN LEVEL 969.E 500.0 00 FRONT WL01146 MIDDLE LEVEL 96T.9 469A 11'1.0 FRONT SVIL0I146 UPPER LEVEL 956.0 959.0 $3.6 EASTN6 SUILDN6 AREAS NET F SF 54b4.'1 5009.4 199.6 .b6&V, AREAS - UNIT 1 460.5 UNIT 2 545.0 UNIT 5 460.5 UNIT 4 599.9 UNIT 5 5b9.9 UNIT 6 562,5 UNIT 7 455.1 UNIT 5 260.2 FAR &I LEVEL PLAN RlE9 T I« I _ rheodore K Guy Associates PC ARCHITECTURE PLANNING STRUCTURAL ENGINEERING Box 164o, Basalt, CO 8i6ai 970.9273167 1 tkgaCatkga.net 0344A.16 DESIGN REVIEW 08/24/2017 GROWTH MANAGEMENT DATE REMARKS DRAWN: KALHrrKG CHECKED: TKG PRINTED: 811P117 SHEETTITLE: EXISTING GROSS BUILDING AREA 1610; HPC OK 081917.-- AO.2.1 COPYRIGHT THEODORE K GUY A550CIATES PC Id EXI5TIN6 ALLEY BUILDING FAR 415, FLOOR_IREA RATIO (F.A R,1S� 4�1UAA�_N_5�2E ALLOWABLE AREA: BUILDING 6000.0 ccCZ c100.0 AP,WT M� LrIlI� --CAL" Fm Mr KS EXISTING ALLEY BUILDING 595.2 58.2 0.0 FRONT BUILDING GARDEN LEVEL 963.6 500.0 0.0 FRONT BUILDING MIDDLE LEVEL 967.9 967.9 117.0 FRONT BUILDING UPPER LEVEL 938.0 9@9.O 826 E45TIN6 BUILDING AREAS 3454.7 3003.4 199.E plE'f LN!Aa F AREA5 - SF UNIT 1 460.8 UNIT 2 343,0 UNIT 3 460.8 UNIT 4 399.9 UNIT 5 369.9 UNIT 6 362,5 UNIT 7 435.1 UNIT 8 260.2 MIDDLE LEVEL FAR UPPER LEVEL FAR x leodore K Guy Associates PC common sense solutions ARCHITECTURE PLANNING STRUCTURAL ENGINEERING Box 1640, Basalt CO 81621 970.927.3167 1 tkgaptkga.net u 03/24/2m6 DESIGN REVIEW 08/24/2017 GROWTH MANAGEMENT DATE REMARKS JOB ♦: 16103 DRAWN: KALHfTKG CHECKED: TKG PRINTED: 87+9/17 SHEET TITLE: EXISTING LIVABLE AREA 16103 HPC OK 081917mwx AO.2.2 COPYRIGHT THEODORE K GUY ASSOCIATES PC 14 BASEMENT L 1 1/8` , 1 -0, 3 SECOND LEVEL FAR 410, leodore K Guy Associates PC common sense solutions ARCHITECTURE PLANNING STRUCTURAL ENGINEERING Box i64o, Basalt, CO 816a1 Uj V) u o3/P44016 DESIGN REVIEW 08/xq/2o17 GROWTH MANAGEMENT DATE REMARKS JOB s: 16'93 DRAWN: KALH(rKG CHECKED: TKG PRINTED: 8/19117 SHEETTITLE: NEW GROSS FAR & DECK AREA 16103 HPC OK 081917NWX AO.2.3 COPYRIGHT THEODORE K GUY ASSOCIATES PC BASEMENT LEVEL F.A.R. NET 1.IVABLr;.iLA0R AREA CAL n ATION =gp APARTMEN75 WT.� niAw c 5S9BA"_ UNIT 101 635.0 66.8 UNIT 102 546.0 q0.0 UNIT JOB '156.8 q0.0 UNIT 201 846.5 9,.4 UNIT 202 845.E 90.2 UNIT 203 T55.2 89.3 UNIT 301 645A 89.0 UNIT 302 845.4 q2.4 TOTAL AREA 923.E 936.0 645.E 92T.9 935.8 64'I.5 984.9 93T.0 FIRST.LEVEL STQRnGE.F�t�l 5T5 EA5T STORAGE UNIT 60.0 Ve5T STORAGE UNIT 50.0 ENGL05FO TRASH AREA 112.4 Sr 3+ytt;1 7M 3 _ leodore K Guy Associates PC common sense solutions ARCHITECTURE PLANNING STRUCTURAL ENGINEERING Box 164o, Basal q 0 816z1 0 O Z Qo J fg 3Z v4N d Q rl� 03,h4/2m6 DESIGN REVIEW 08/2q/2017 GROWTH MANAGEMENT DATE REMARKS JOB- "'' DRAWN: KALH/rKG CHECKED: TKG PRINTED: 8119117 SHEETTITLE: NEW NET LIVABLE AREA 161o3 HPC OK o81917.— A0.2.4 3 SECOND LEVEL FAR 0 THIRD LEVEL FAR �7������ COPYRIGHT THEODORE KGUY ASSOCIATES PC 11 GRAPHIC SCALE 0 ) IN FEET) zP l inch= 10 ft. EXISTING CONDITIONS LEGEND m TELEPHONE PEDESTAL 1 m ELECTRIC METER pry OF ASPEN . MARGIN CPS CONTROL 2009 CURB STOP O 6TH STREET h HOPKINS GAS VALVE GPS-7 O LIGHT POLE SET 1.5' BRASS CAP IN CONCRETE WOODEN FENCE LS. 28643 (z.o' TRrnEss CORNER) SET 05 REBAR k 1.25- PLASTIC CAP LS 28643 (1.0' WTNESS CORNER) IMPROVEMENT SURVEY PLAT MAP OF: LOTS P AND Q BLOCK 51 A PARCEL OF LAND SITUATED IN THE NWY4 OF SECTION 7 TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6th P.M. COUNTY OF PITKIN, STATE OF COLORADO SHEET 1 OF 1 13 GRA vEt /1 LE (GRAVE20 SURFACE) ®0 m® EDUND REBAR AND CAP LS. 2547 p 2007 k 20f7 a o _,c �DE"k7T {k M, SIREET CAP IN CONCRETE `\ (ASP .0 R. RFgEE) LS 264MM `�\ HACTSU W (Y.0' 83 CORNER) CITY OF ASPEN MARGIN CPS CONTROL 2009 O GARNISCH AND HOPKINS CPS-6 � SITE�PLAN eodore K Guy Associates PC cars., m sense lolu+iors ARCHITECTURE PLANNING STRUCTURAL ENGINEERING Box 1640, Basalt, CO 81621 IN U 03/24/2016 DESIGN REVIEW 08/24/2017 GROWTH MANAGEMENT DATE REMARKS 10B n: .6,03 DRAWN: KALH/TKG CHECKED: TKf, PRINTED: 8119117 SHEET TITLE: SITEPLAN ,61o3 HPC OK o81917.1— A1.0 COPYRIGHT TH EODORE K GUY ASSOCIATES PC drat- j EMM'1161 O KG f 1. DO NOT SCALE DRAMUNGS - CONTACT ARCHITECT OR ENGINEER CONCERNING DISCREPENCIES OR MISSING INFORMATION. 2. COMPLY WITH ALL APPLICABLE BUILDING CODES AND CONFORM MATH MATERIAL AND EQUIPMENT MANUFACTURERS' RECOMMENDATIONS. S. ALL DIMENSIONS TO FACE OF FRAMING UNLESS NOTED OTHERWI5E. 4. EXTERIOR M1ALL5 TO BE 7.X6 • 16" O.G. UNLESS NOTED OTHERWISE. REFER TO STRUCTURAL DRAANG5. 5. INTERIOR WALLS TO BE 2X4 O 1b" O.G. UNLESS NOTED OTHERWISE. REFER TO STRUCTURAL DRAWINGS. 6. CROWN ALL 5TUD5, JOISTS. AND RAFTERS. GROWN JOISTS AND RAFTERS UP. 'T. COORDINATE JOIST PLACEMENT WITH PLUM EIN6 FUCfURE LAYOUT. 8. HOLD ALL PLUMBING TRAPS AS HIGH AS POSSIBLE. COORDINATE Wr-H CABINET ACCESSORIES. 9. NO VENT OR PLUMBING STACKS ARE TO BE LOCATED IN PARTY WALLS 10. THE UPPER LEVEL PLUMBING 5TAGK5 ARE TO BE CAST IRON UNTIL THEY REACH THE CRAWL SPACE. 11. THE PURPOSE OF THESE DRAWINGS IS ONLY TO 6RAPHICALLY DEPICT THE GENERAL NATURE OF THE WORK. THE CONTRACTOR 15 RESPONSIBLE FOR CONFIRMING DIMENSIONS AND SELECTING FABRICATION PROCESSES AND TECHNIQUES OF CONSTRUCTION. THE ARCHITECT AND/OR ENGINEER SHALL BE NOTIFIED OF ANY VAdRU\TION FROM DIMENSIONS OR CONDITIONS SHOWN IN THE DRAWINGS. BA5EMENT LEVEL PLAN modore K Guy Associates PC common sense solutions ARCHITECTURE PLANNING STRUCTURAL ENGINEERING Box 164o, Basalt, CO 816n 970.927.3167 1 tkgaCaDtkga.net W ' V 1 O p Z �g QO :EO 3Z v4N� Q v 004 —6 DESIGN REVIEW o8/i4/z017 GROWTH MANAGEMENT DATE REMARKS JOB e: 161-3 DRAWN: KALH/rKG CHECKED: TKr. PRINTED: 8119117 SHEET TITLE: BASEMENT LEVEL PLAN 16103 HPCOK o819v.— A2.0 Co9YRIGHr THEODORE K GUY ASSOCIATES PC f FIRST LEVEL eodore K Guy Associates PC common sense solutions ARCHITECTURE PLANNING STRUCTURAL ENGINEERING Box 1640, Basalt, CO 81621 'W V 1 r•� 03124/2ot6 DESIGN REVIEW 08/24/2017 GROWTH MANAGEMENT DATE REMARKS )OB r: t6to; DRAWN: KALH/rKG CHECKED: TKG PRINTED: 8/19/17 SHEETTITLE: FIRST LEVEL PLAN t6to3 HPC OK 98t9t7.vm A2.1 COPYRIGHT THEODORE KGUYASSOCIATES PC i GENERAL 1. DO NOT SCALE DRAMN65 - CONTACT ARCHITECT In OR ENGINEER CONCERNING DISGREPENVES OR MI55ING INFORMATION. 2. CM OPLY WITH ALL APPLICABLE BUILDING CODES aiia AND CONFORM WIA WITH MATERIAL AND EQUIPMENT , MANUFAGTURB¢S' RECM OMENDATION5. 3. ALL DIMENSIONS TO FPCE OF FRAMING UNLESS NOTED OTHERWISE. 4. EXTERIOR WALLS TO BE 2X6 • 16" O.G. UNLE55 og NOTED OTHERY4I5E. REFER TO STRUCTURAL DRAWINGS. 5. INTERIOR WALL5 TO BE 2x4 e 16" O.G. UNLESS NOTED OTHERWISE. REFER TO STRUCTURAL DRAWINGS. 6. GROWN ALL 5TUD5, JOISTS, AND RAFTERS. GROWN Theodore K GU Associates PC Y JOISTS AND RANTERS UP.'i—" T COORDNATE JOIST PLACEMENT WITH PLUMBING FIXTURE LAYOUT. ARCHITECTURE 5. HOLD ALL PLUMBING TRAPS AS HIGH AS POSSIBLE. PLANNING GOORDNATE WTH -ABNET AGGESSORIES. 9. NO VENT OR PLUMBING STACKS ARE TO BE STRUCTURAL ENGINEERING LOCATED IN PARTY WALLS 10. THE UPPER LEVEL PLUMBING STACKS ARE TO BE Box 164o, Basalt, CO 81621 CAST IRON UNTIL THEY REACH THE CRAWL SPACE. 970-9273167 tkga@)tkga.net 11. THE PURPOSE OF THESE DRAWINGS IS ONLY TO GRAPHICALLY DEPICT THE GENERAL NATURE OF THE WORK. THE CONTRACTOR 15 RESPONSIBLE FOR CONFIRMING DIMENSIONS AND 5ELEGTING FABRICATION PROCESSE5 AND TECHNIGUE5 OF CONSTRUCTION. THE ARCHITECT AND/OR ENGINEER SHALL BE NOTIFIED OF ANY VARIATION FROM DIMENSIONS OR CONDITIONS _.._.._-._.._.._.-_-._.._.._.._.._.-_.._.._.._-.—.. ...... _.. _.. ._._.. _.. _.. _-. _.. _--_-._ _--_.._.._-._._.._.._.-_--_--_.._..---_.._.-_--_--_-._-._--_--_.-_.-_.. _.--.. _..—.._-._..—..—.. 5H01% IN THE DRAWINGS. 3" f �. 5-0" x 10-0" I BALCONY I I r I 1 BEDROOM BEDROOM BEDROOM 1C.OURTY WIN& T-D' DMING Y4 °� UNIT 102 UNIT 202 -------- - I w 545.6 5f livable V) HALL o 0 I _ N BATH I 0 � O I � � Q 0 BEDROOM 2BATH 2_ A H KITCHEN IRI O d O w ; O° O ENTRY I x z ROOF OPEN TO BELory � r - n � = v _ __-- - ---- _ _ _ o o `d ... anTH 2 BATH 1 ul1 BEDROOM 2 L 00 : ENTRY BATH BATH N 4 = HALL j4! -755.2 5f livable -. UNIT 201 DINING - - NN " b „r ry o3/aq/ao16 DESIGN REVIEW o8/1q/2017 GROWTH MANAGEMENT § 546.5 5f livable UNIT 205 Fi r BEDROOM 1 LIVING _ -- ID NINE o DATE REMARKS I BEDROOM 1 BEDROOM 2 a I m F x JOB, 16to3 KACH/TKG BALCONY ,.. C KED: -------Ip, �c :: r. .�.... �:: "" Q c PRINTED: 8119/17 SHEET TITLE: 5EGOND LEVEL PLAN SECOND LEVEL PLAN ---- t61o3 H PC OK o819t7.—z A2.2 COPYRIGHT THEODORE KGUY ASSOCIATES PC 19 f 1. DO NOT SCALE DRAWINGS - CONTACT ARCHITEGT OR ENGINEER CONCERNING DISGREPENGIES OR MI551N6 INFORMATION. 2. COMPLY WALL. ODES rrH AAPPLICABLE BUILDIN6 C AND CONFORM WITH MATERIAL AND EQUIPMENT MANUFACTURERS' RECOMMENDATIONS, S. ALL DIMENSIONS TO FACE OF FRAMING UNLESS NOTED OTHERWISE. 4. EXTERIOR WALLS TO BE 7X6 • 16" O.G. UNLESS NOTED OTHERWISE. REFER TO STRUCTURAL DRAWINGS. S. INTERIOR WALLS TO BE 2t4 • 16" O.G. UNLE55 NOTED OTHERWISE. REFER TO STRUCTURAL DRAWIN65. b. GROWN ALL STUDS. JOISTS, AND RAFTERS. GROWN JOISTS AND RAFTERS UP. T. COORDINATE JOIST PLACEMENT WITH PLUMBIN6 FUCTURE LAYOUT. 8. HOLD ALL PLUMBING TRAPS AS HIGH A5 POSSIBLE. COORDINATE WITH CABINET AGGESSORIES. 9. NO VENT OR PLUMBING STALKS ARE TO BE LOCATED IN PARTY WALLS 10. THE UPPER LEVEL PLUMBIN6 STACKS ARE TO BE CAST IRON UNTIL THEY REACH THE CRAWL SPACE. 11. THE FURP05E OF THESE DRAWIN65 15 ONLY TO GRAPHCALLY DEPICT THE GENERAL NATURE OF THE WORK. THE CONTRAGTOR 15 RESPONSIBLE FOR CONFIRMING DIMENSIONS AND SELEGTING FABRICATION PROCESSES AND TECHNIQUES OF CONSTRUCTION. THE HITECT AND/OR ENGINEER SHALL BE NOTIFIED OF ARC ANY VARIATION FROM DIMENSIONS OR CONDITIONS SHOWN IN THE DRAWINGS. X THIRD LEVEL PLAN leodore K Guy Associates PC common sense solutions ARCHITECTURE PLANNING STRUCTURAL ENGINEERING Box 164o, Basalt, CO 81621 'W v 1 V 03/20016 DESIGN REVIEW 08/24/2017 GROWTH MANAGEMENT DATE REMARKS JOB •: 16103 DRAWN: KALH/TKG CHECKED: TKG PRINTED: 8/19117 SHEET TITLE: THIRD LEVEL PLAN 16103 HPC OK o819r7 — A2.3 COPYRIGHT THEODORE K GUY ASSOCIATES PC Theodore K Guy Associates PC common sense solutions ARCHITECTURE PLANNING STRUCTU RAL ENGINEERING Box 1640, Basalt, CO 81621 970.9273167 1 tkgaC&tkga.net ,W V 1 mw v 03/24J-16 DESIGN REVIEW 08/24/2017 GROWTH MANAGEMENT DATE REMARKS JOB r: �6,03 DRAWN: KALH/rKG CHECKED: TKG PRINTED: 81,9117 SHEET TITLE: EXTERIOR ELEVATIONS ,61o3 HPC OK 081917.— A3 • O COPYRIGHT THEODORE K GUY ASSOCIATES PC 5 NORTH ELEVATION J ra^ = ram^ TOP OF HIREH ROOF EL 152'-(2 '-mod m r I in EL 125' TOP OF UPPER FLOOR OL TOP OF 5EGOND FLOOR i 9 - TOP FFIP.5TFLOOR OL leoclore K Guy Associates PC common sense solutions ARCHITECTURE PLANNING STRUCTURAL ENGINEERING Box 164o, Basalt, CO 81611 03/244o16 DESIGN REVIEW 08/241— GROWTH MANAGEMENT DATE REMARKS JOB x: 1610; DRAWN: KALWMG CHECKED: TKG PRINTED: 8/19/17 SHEET TITLE: EXTERIOR ELEVATIONS 16,03 HPC OK olhgp.— A3.1 EA5T ELEVATION COPYRIGHT THEODORE K GUY ASSOCIATES PC NORTH -SOUTH BUILDING SEGTION LOOKING WEST 01/4, = eodore K Guy Associates PC common seiR5r 501u�'., ARCHITECTURE PLANNING STRUCTURAL ENGINEERING Box 164o, Basalt, CO 816ai ,W v 1 v 03/1q/1016 DESIGN REVIEW 08/24/2017 GROWTH MANAGEMENT DATE REMARKS JOB x: i6,o3 DRAWN: "LH/rKG D: CHECKETKG PRINTED: 8119117 SHEET TITLE: BUILDING SECTIONS +6io3 HPC OK o81917.1— A4.1 COPYRIGHT THEODORE KGUY ASSOCIATES PC 411 TOP OF a F EL 1.24 - O" EAST-WE5T BUILDING SECTION @ FRONT 01/4" = 1" - O" TOP OF NIGH ROOF leodore K Guy Associates PC common sense solutiom: ARCHITECTURE PLANNING STRUCTURAL ENGINEERING Box 164o, Basalt, CO 81611 ,W v 1 C V 0344/z 16 DESIGN REVIEW 08/24/2W7 GROWTH MANAGEMENT DATE REMARKS JOB s: i6,o3 DRAWN: KALHrWG CHECKED: TKG PRINTED: 8119117 SHEET TITLE: BUILDING SECTIONS 161o3 HPC OK 081917,vwn A4.1 COPYRIGHT THEODORE K GUY ASSOCIATES PC C TOP OF LOYeR ROOF Theodore K Guy Associates PC common sense solutions ARCHITECTURE PLANNING STRUCTURAL ENGINEERING Box 164o, Basalt, CO B1621 970.9�7 3167 1 tkga�Tatkga.net D3A44o16 DESIGN REVIEW D8/24/2017 GROWTH MANAGEMENT DATE REMARK5 JOB>: 16103 DRAWN: KALH/tKG CHECKED: TKG PRINTED: 8119117 SHEET TITLE: BUILDING SECTIONS 16103 HPC OK o81917-vwa A4.2 COPYRIGHT TH EODORE K GUY ASSOCIATES PC