HomeMy WebLinkAboutcoa.lu.gm.308 E Hopkins.0043.2007308 U HopkinE 0043.2007ASLU
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THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0043.2007.ASLU
PARCEL ID NUMBER 2737-073-29-007
PROJECT ADDRESS 308 E. Hopkins Ave.
PLANNER Sara Adams
CASE DESCRIPTION GMQS Allotment
REPRESENTATIVE Sunny Vann
DATE OF FINAL ACTION 11/21/07
CLOSED BY Amy DeVault
VANN ASSOCIATES, LLC
Planning Consultants
January 27, 2009
HAND DELIVERED
Ms. Jennifer Phelan, Assistant Director
Aspen Community Development Department
130 South Galena Street
Aspen, CO 81611
Re: La Cocina Commercial Space
Dear Jennifer:
The purpose of my letter is to request your confirmation regarding the condominiumi-
zation, ownership and use of the commercial space being developed at 308 East
Hopkins Avenue (a/k/a, the La Cocina project).
Background
On April 17, 2007, the La Cocina project received growth management quota system
allotments for its two free market and three on -site affordable housing units pursuant
to Planning and Zoning Commission Resolution No. 18. The project also contained a
ground floor commercial space, the net leasable area of which was exempt from
growth management, and a basement storage area. The commercial space was
proposed for restaurant use.
Final HPC approval for the project was granted on May 9, 2007 pursuant to Resolu-
tion No. 19. Subdivision and condominiumization approval was granted by the City
Council on July 9, 2007 pursuant to Ordinance No. 27. A subdivision agreement for
the project was recorded on October 17, 2007. Article II, paragraph 2.1 of the
agreement states that the development program for the project consists of one com-
mercial space, two free market dwelling units, three affordable housing units, and a
subgrade storage space (see Exhibit 1, attached hereto).
In November of 2007, a substantial amendment to the Council's prior subdivision
approval was approved by the P&Z which permitted the conversion of a portion of the
project's basement storage area to commercial use. The P&Z also granted a commer-
cial GMQS allotment for the basement's net leasable area. The commercial GMQS
230 East Hopkins Ave. • Aspen, Colorado 81611 • 970/925-6958 • Fax 970/920-9310
•
Ms. Jennifer Phelan
January 27, 2009
Page 2
application stated that "as presently envisioned, the commercial area will be utilized
as a nightclub and/or for special event dining for the ground floor restaurant ".
Requested Confirmation
Prior to preparing the condominium map and declaration for the project, the applicant
wishes to confirm that 1) the ground floor and basement commercial spaces may be
condominiumized as two separate condominium units; 2) that the units may be owned
by one or more individuals; and 3) that the basement may be used for any use which
ma be permitted from time to time in such s aces in the CC, Commercial CoreG.Vl(��
�ti���D Iry Z,Sc��WT o� 'NA 'R�J,cbv,�L-,
While the October 2007 subdivision agreement refers to a single commercial space,
the agreement was recorded prior to the applicant's receipt of the commercial GMQS
allotment for the conversion of the basement storage area to commercial use. As no
representations were made with respect to the condominiumization of the additional
commercial space in the GMQS application, the applicant's ability to condominiumize
the space as a separate unit, and to lease or convey it independent of the ground floor
commercial area, should not be an issue. Similarly, as the specific use of the
basement space was unknown at the time of approval, no limitation on its use other
that which is permitted in the underlying zone district should apply.
Based on the above, I would appreciate it if you would acknowledge our understand-
ing regarding the condominiumization, ownership and use of the La Cocina project's
commercial areas in the space provided below. Should you have any questions, or
require additional information, please do not hesitate to call.
Yours truly,
LLC AGREED AND ACKNOWLEDGED:
Jennifer Ph an Date
a/,o�
cc: Lenoard M. Oates, Esq.
John R. Provine
d: \oldc\bus\city. .Itr\1tr51707. jp 1
Ms. Jennifer Phelan
January 27, 2009
Page 2
application stated that "as presently envisioned, the commercial area will be utilized
as a nightclub and/or for special event dining for the ground floor restaurant ".
Requested Confirmation
Prior to preparing the condominium map and declaration for the project, the applicant
wishes to confirm that 1) the ground floor and basement commercial spaces may be
condominiumized as two separate condominium units; 2) that the units may be owned
by one or more individuals; and 3) that the basement may be used for any use which
may be permitted from time to time in such spaces in the CC, Commercial Core&vio
While the October 2007 subdivision agreement refers to a single commercial space,
the agreement was recorded prior to the applicant's receipt of the commercial GMQS
allotment for the conversion of the basement storage area to commercial use. As no
representations were made with respect to the condominiumization of the additional
commercial space in the GMQS application, the applicant's ability to condominiumize
the space as a separate unit, and to lease or convey it independent of the ground floor
commercial area, should not be an issue. Similarly, as the specific use of the
basement space was unknown at the time of approval, no limitation on its use other
that which is permitted in the underlying zone district should apply.
Based on the above, I would appreciate it if you would acknowledge our understand-
ing regarding the condominiumization, ownership and use of the La Cocina project's
commercial areas in the space provided below. Should you have any questions, or
require additional information, please do not hesitate to call.
Yours truly,
VANNASSOCIATES-LLC AGREED AND ACKNOWLEDGED:
Junlml, AICP ennifer Ph an Date �4
cc: Lenoard M. Oates, Esq.
John R. Provine
d: \oldc\bus\city.ltr\ltr51707. jp 1
DEVELOPMENT ORDER
of the
City of Aspen
Community Development Department
This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070,
"Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen
Municipal Code. This Order allows development of a site specific development plan pursuant to
the provisions of the land use approvals, described herein. The effective date of this Order shall
also be the initiation date of a three-year vested property right. The vested property right shall
expire on the day after the third anniversary of the effective date of this Order, unless a building
permit is approved pursuant to Section 26.304.075, or unless an exemption, extension,
reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After
Expiration of vested property rights, this Order shall remain in full force and effect, excluding
any growth management allotments granted pursuant to Section 26.470, but shall be subject to
any amendments to the Land Use Code adopted since the effective date of this Order.
This Development Order is associated with the property noted below for the site specific
development plan as described below.
J. W. Venture, LLC, P.O. Box 8769, Aspen, CO 81611 970/925-6553.
Property Owner's Name, Mailing Address and telephone number
308 E. Hopkins Avenue, Lots M and N, Block 80, City and Townsite of Aspen, CO
Legal Description and Street Address of Subject Property
The conversion of basement storage to 3,058 square feet of net leasable commercial
basement space is approved.
Written Description of the Site Specific Plan and/or Attachment Describing Plan
Approved per Planning and Zoning Resolution 30, Series of 2007, passed on November 6
2007.
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
November 21, 2007
Effective Date of Development Order
November 21, 2010
Expiration Date of Development Order (The extension, reinstatement, exemption from expiration
and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen
Municipal Code.)
Issued thij 21 st day of November, 2007, by the City of Aspen Community Development Director.
Chris Bendon, Community Development Director
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• 0
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING WITH CONDITIONS A SUBSTANTIAL AMENDMENT TO THE
SUBDIVISION APPROVAL GRANTED UNDER ORDINANCE 27, SERIES OF
2007, FOR 308 E. HOPKINS AVENUE, LOTS M AND N, BLOCK 80, CITY AND
TOWNSITE OF ASPEN, CO, PITKIN COUNTY, COLORADO
PARCEL NO.2737-073-29-007.
RESOLUTION NO.30, SERIES OF 2007
WHEREAS, the Community Development Department received an application
from J. W. Venture, LLC represented by Vann Associates, LLC, requesting approval of a
substantial amendment to convert the basement storage to commercial space consisting of
3,085 square feet of net leasable commercial space and growth; and,
WHEREAS, the subject property is zoned CC (Commercial Core); and,
WHEREAS, upon review of the application, and the applicable code standards,
the Community Development Department recommended approval with conditions, of the
proposed subdivision and associated land use requests; and,
WHEREAS, during a duly noticed public hearing on November 6, 2007, the
Planning and Zoning Commission approved Resolution No.30, Series of 2007, by a 6 to 0
vote, approving a Substantial Amendment to Ordinance 27, Series of 2007, which
includes Growth Management Review for the conversion of 3,085 square feet of
basement storage space to commercial net leasable space located on the property at 308
E. Hopkins Ave, Lots M and N, Block 80, City and Townsite of Aspen, CO; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and
considered the development proposal under the applicable provisions of the Municipal Code
as identified herein; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that the
development proposal meets or exceeds all applicable development standards and that the
approval of the development proposal, with conditions, is consistent with the goals and
elements of the Aspen Area Community Plan; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that this resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING
AND ZONING COMMISSION AS FOLLOWS:
Section 1
Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen
Municipal Code, the Planning and Zoning Commission hereby approves with conditions a
Substantial Amendment to Ordinance 27, Series of 2007, including Growth Management
Review for the conversion of basement storage to commercial space for the property
located at Lots M and N, Block 80, City and Townsite of Aspen, CO.
P& Z Resolution # 30, Series of 2007
Page 1 of 2
Section 2: Affordable Housiniz:
The affordable housing mitigation for the 0.63 employees generated by the basement
conversion shall be cash in lieu for Category 4 Housing according to the Aspen Pitkin
County Employee Housing Guidelines in effect at the time of building permit submittal.
The fee shall be paid prior to the issuance of building permit.
Section 3:
All approvals granted under Ordinance 27, Series of 2007 remain valid and applicable,
with the exception of the substantial amendment specified herein. The additional net
2,921 square feet of leasable commercial generated from the basement conversion shall
be assessed pursuant to the following fees:
1. Impact fees applicable at the time of building permit issuance.
2. Parking cash in lieu fees applicable at the time of building permit issuance.
Section 4•
All material representations and commitments made by the Applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission or City Council, are
hereby incorporated in such plan development approvals and the same shall be complied
with as if fully set forth herein, unless amended by an authorized entity.
Section 5•
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 6•
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 61h day
of November, 2007.
APPROVED AS TO FORM: PLANNING AND ZONING
COMMISSION:
James R. True, Special Counsel Dylan Johns, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
P& Z Resolution # 30, Series of 2007
Page 2 of 2
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU: Jennifer Phelan, Community Development Deputy Director
FROM: Sara Adams, Preservation Planneoc
RE: 308 East Hopkins Avenue (previously La Cocina) Redevelopment— Substantial
Amendment to a Development Order and Growth Management Review —
Resolution No. , Series 2007 — Public Hearing (Parcel 2737-073-29-007)
DATE: November 6, 2007
APPLICANT /OWNER: STAFF RECOMMENDATION:
J. W. Venture, LLC Staff recommends the Planning and Zoning
Commission approve the amendment, with conditions.
REPRESENTATIVE:
Vann Associates, LLC; Charles
Cunniffe Architects; and Oates
Knezevich & Gardenswartz, PC.
LOCATION:
Lots M and N, Block 80 City and
Townsite of Aspen, CO, commonly
known as 308 East Hopkins Avenue.
CURRENT ZONING & USE
Located in the Commercial Core (CC)
zone district containing a two story
commercial building with 2,745 sq. ft.
of net leasable commercial space.
PROPOSED LAND USE:
The Applicant requests a Substantial
Amendment to an existing
Development Order to increase
commercial development through the
conversion of basement storage to
3,058 sq. ft. of subgrade commercial
net leasable space. Approval was
already granted to develop a three
story mixed -use building comprising:
commercial space (a restaurant) on the
first floor with 2,512 sq. ft. net
leasable area (NLA); three affordable
housing units and one free market unit
on the second floor; and one free
market unit on the third floor.
SUMMARY:
The Applicant requests the Planning and Zoning
Commission approve Growth Management allotments
for 2,921 square feet of new net leasble commercial
space for the basement conversion; cash in lieu for the
0.63 employees generated.
Photograph of the subject property
Page - 1 - of 4
LAND USE REQUESTS AND REVIEW PROCEDURES:
The Applicant is requesting the following land use approvals from the Planning and Zoning
Commission to redevelop the site:
Substantial Amendment to a Development Order, pursuant to Land Use Code Section
26.470.140.B Substantial Amendment to a Development Order, to convert basement
storage to net leasable commercial space (The Planning and Zoning Commission is the
final review authority, who may approve, approve with conditions, or deny the proposal).
Growth Management Review for Expansion of New Commercial Development for the
expansion of commercial space within a mixed -use project, pursuant to Land Use Code
Section 26.470.080.1 Expansion or New Commercial Development. The applicant
requests approval to pay cash in lieu to mitigate for less than one unit of affordable
housing, pursuant to Land Use Code Section 26.470.070.4. (The Planning and Zoning
Commission is the final review authority, who may approve, approve with conditions, or
deny the proposal).
PROJECT SUMMARY:
The Applicant, J. W. Venture LLC, has requested the approvals necessary to convert the
approved basement storage space to net leasable (NLA) commercial space. The 6,032 square
foot lot (with alley access) is located in the Commercial Core (CC) Historic District and was
included as a contributing historic resource to the District until 20011 when it was "delisted" due
to loss of integrity. The complete redevelopment of the site located at 308 East Hopkins Avenue
into a three story mixed use building was approved by City Council on July 9, 2007.2 The
subdivision approval includes 2,581 square feet of NLA outfitted for a restaurant on the ground
floor, 2 free market residential units (1,447 square feet on the second floor and 3,500 square feet
on the third floor) and 3 affordable housing units on the second floor (2 one bedroom units and 1
studio, Category 3). As approved, the basement comprises a large storage area, two bathrooms,
two elevators, and stairways accessing the ground floor commercial space, second floor
residences, and a separate entrance onto Hopkins Avenue. The applicant proposes the following:
Basement: Expand commercial development by 3,085 square feet of NLA space
through a substantial amendment to the approved development order.
■ 164 square feet of the basement commercial will be exempt from GMQS as
this constitutes the remainder of the existing commercial space (i.e.
commercial reconstruction credits) from the previously existing one and a half
story commercial building.
■ Affordable housing mitigation, via cash in lieu, for the 0.63 employees
generated by the expansion.
' Aspen Historic Preservation Commission, Resolution 6, Series of 2001 removes 308 East Hopkins Avenue from
the "Aspen Inventory of Historic Landmark Sites and Structures."
2 Aspen City Council, Ordinance 27, Series of 2007 grants subdivision approval for 308 East Hopkins Avenue.
Exhibit C.
308 East Hopkins Avenue
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Page -2-of4
As noted above, the original commercial reconstruction credit existing was 2,745 square feet of
NLA. The approved redevelopment project consumed 2,581 square feet of the credit, which
leaves a remainder of 164 square feet of commercial reconstruction credit available for use by
the basement commercial space.
The project entered the Land Use process in 2005 with design review at the Historic Preservation
Commission. By the time the application received approval from the Historic Preservation
Commission, the City had entered a moratorium which froze all of the growth management
allotments for commercial space. The unavailability of growth management allotments
prohibited the project from expanding the basement commercial space beyond the amount of the
commercial reconstruction credits.
STAFF COMMENTS:
GROWTH MANAGEMENT REVIEW:
The Applicant is requesting growth management approval to obtain sufficient development
allotments to construct the proposed project. The request and the project's compliance with the
applicable review standards are discussed below:
1) Growth Management Approval for the Expansion of Commercial Development. The
development of new NLA commercial space in a mixed use development requires affordable
housing mitigation at 60% of the employees generated by the new commercial. Additionally,
basement commercial space allows for a 25% reduction of the number of employees
generated per square foot of new NLA space compared to at grade new net leasable space.
(3,085 square feet of new NLA commercial space) — (164 square feet of existing NLA
commercial credits 3) = 2,921 square feet of new NLA commercial space that
requires affordable housing mitigation
Every 1,000 square feet of NLA basement commercial space is equal to 3.07 employees (this
includes the 25% reduction); the calculation for the amount of mitigation required is as
follows:
2,921 square feet / 1,000 square feet = 2.92
2.92 * 3.07 employees per 1,000 square feet = 8.96
8.96 * 60% = 5.38 employees requiring mitigation
The approved mixed use project mitigates for 4.75 employees onsite. This mitigation is
provided for the free market residential component of the project in the form of 3 affordable
housing units. Pursuant to Section 26.470.100.A.6, a mixed use project is permitted to
concurrently calculate residential and commercial requirements that are provided onsite; the
calculation is as follows:
3 The first floor commercial space, which was approved under Ordinance 27, 2007, used 2,581 sq. ft. of the 2,745
sq. ft. commercial credit from the existing commercial (La Cocina restaurant). 164 sq. ft. of the commercial credit
(2,745 — 2,581= 164) is available for use in the basement commercial space, pursuant to Section 26.470.040.6 and
26.470.140.13 of the Land Use Code.
308 East Hopkins Avenue
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Page -3-of4
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(5.38 employees generated from basement commercial conversion) — (4.75 onsite affordable
housing units) = 0.63 employees requiring mitigation for the new basement NLA
The Planning and Zoning Commission, based on a recommendation from the Housing Board,
has the authority to permit cash in lieu payment to mitigate less than one unit of affordable
housing (1.25 employees = 1 unit). The applicant requests permission to pay cash in lieu at the
Category 4 level, as adopted in the Land Use Code, for the 0.63 employees generated from the
basement conversion. The Housing Board recommends denial of the Substantial Amendment
unless all of the employee mitigation is provided onsite;4 however, Staff finds that the balance of
commercial, free market residential and affordable housing is met in this project. Additionally,
basement level uses tend to be locally serving and increase vitality downtown.
Staff finds that the Growth Management Standards are met and recommends approval of the
project.
RECOMMENDATION:
In reviewing the proposal, Staff believes that the project is generally consistent with the goals of
the AACP, as well as, the applicable review standards in the City Land Use Code. Staff
recommends approval of the amendment.
RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMITIVE):
"I move to approve Resolution No._, Series of 2007, approving with conditions, a Substantial
Amendment to the Development Order adopted under Ordinance 27, Series of 2007, and Growth
Management review for the expansion of new NLA commercial space for the property located at
308 Hopkins Ave."
ATTACHMENTS:
Exhibit A- Growth Management Criteria for the Expansion of Commercial Development.
Exhibit B- Affordable Housing Criteria.
Exhibit C- Aspen City Council Ordinance 27, Series of 2007.
Exhibit D- Aspen Pitkin County Housing Association Recommendation.
Exhibit E- Application
4 The Housing Board met on September 19, 2007 and made a recommendation of denial for the affordable housing
cash in lieu request. See Exhibit C.
308 East Hopkins Avenue
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0
ORDINANCE NO. 27
(SERIES OF 2007)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING
WITH CONDITIONS, SUBDIVISION AND CONDOMINIUMIZATION FOR, 308
E. HOPKINS AVENUE, LOTS M AND N, BLOCK 80, CITY AND TOWNSITE
OF ASPEN, CO, PITKIN COUNTY, COLORADO
PARCEL NO. 2737-073-29-007.
WHEREAS, the Community Development Department received an application
from J. W. Venture, LLC represented by Vann Associates, LLC, requesting approval of
Subdivision and Condominiumization to construct a mixed -use building consisting of
2,745 square feet of commercial space, 2 free-market residential units and 3 affordable
housing units; and,
WHEREAS, the subject property is zoned CC (Commercial Core); and,
WHEREAS, upon review of the application, and the applicable code standards,
the Community Development Department recommended approval, with conditions, of the
proposed subdivision and associated land use requests; and,
WHEREAS, during a duly noticed public hearing on July 12, 2006, the Historic
Preservation Commission approved Resolution No. 18, Series of 2006, by a four to one
vote (4 — 1), approving Commercial Design Review, Demolition, Viewplane Exemption,
Pedestrian Amenity Space, and Conceptual development within a Historic District; and,
WHEREAS, the Historic Preservation Commission found that the 3 foot 3 inch
intrusion into the Hotel Jerome Viewplane was insignificant and granted exemption; and,
WHEREAS, during a duly noticed public hearing on April 25, 2007, the Historic
Preservation Commission approved with conditions Resolution No. 19, Series of 2007,
by a vote of four to zero (4 — 0), approving Final development within a Historic District;
and,
WHEREAS, during a duly noticed public hearing on April 17, 2007, the Planning
and Zoning Commission approved Resolution No.18, Series of 2007, by a five to one (5 -1)
vote, approving two Growth Management Reviews for the development of a mixed -use
building that includes commercial space, free market and affordable housing,
recommending that City Council approve with conditions the proposed subdivision to
construct a mixed -use building consisting of two (2) free-market residential unit and
,745-square feet of commercial space; and,
WHEREAS, on July 9, 2007, the Aspen City Council approved Ordinance No. 27,
Series 2007, on Second Reading by a four to zero (4 - 0) vote, approving with conditions the
Subdivision and Condominiumization of 308 E. Hopkins Ave, Lots M and N, Block 80,
City and Townsite of Aspen, CO; and,
WHEREAS, during the July 9, 2007 public hearing, the Aspen City Council
added a condition of approval to Ordinance No. 27 Series of 2007 stating that the three
affordable housing units are deed restricted Category 3 rental units to be used for the
Ordinance No. 27
Series 2007
Page 1
0
employees of the commercial space located at 308 East Hopkins Avenue, who will have
right of first refusal before the units are rented to non -employees; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Planning and Zoning Commission, the
Community Development Director, the applicable referral agencies, and has taken and
considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the development proposal meets or exceeds
all applicable development standards and that the approval of the development proposal,
with conditions, is consistent with the goals and elements of the Aspen Area Community
Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN AS FOLLOWS:
Section 1:
Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen
Municipal Code, the Aspen City Council hereby approves a Subdivision and
Condominiumization allowing J. W. Venture, LLC, to construct a mixed -use building
consisting of one (1) commercial space, two (2) free market residential units and three (3)
deed restricted affordable housing units on the property located at 308 E. Hopkins Ave,
Lots M and N, Block 80, City and Townsite of Aspen, CO.
Section 2: Plat and Agreement
Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen
Municipal Code, the Applicant shall record a subdivision agreement that meets the
requirements of Land Use Code Section 26.480, Subdivision, within 180 days of such
approval. The Subdivision Agreement shall also include a commitment to satisfy all
conditions of Planning and Zoning Commission Resolution Number 18, Series of 2007 as
well as all conditions of this Ordinance. A final Condominium Plat shall be approved and
signed by the Community Development Director upon substantial completion of
construction and prior to issuance of a Certificate of Occupancy.
Section 3: Building Permit Application
The building permit application shall include the following:
a. A copy of the final Ordinance, HPC Resolutions and P&Z Resolution.
b. The conditions of approval printed on the cover page of the building permit set.
c. A fugitive dust control plan to be reviewed and approved by the City Engineering
Department.
d. Improvements to the right of way shall include new grass, irrigation, and possibly
the replacement of street trees, and shall be approved prior to building permit
submittal.
Ordinance No. 27
Series 2007
Page 2
0
e. An excavation -stabilization plan, construction management plan (CMP), and
drainage and spoils report pursuant to the Building Department's requirements.
The CMP shall include an identification of construction hauling routes,
construction phasing, and a construction traffic and parking plan for review and
approval by the City Engineer and Streets Department Superintendent. The
construction management plan shall also identify that the adjacent sidewalks will
be kept open and maintained throughout construction. Staging areas will be
identified in the plan, and shall indicate that the alley shall not be closed during
construction. No stabilization will be permitted in the City right of way. Storm
run off must be addressed.
f. A complete geotechnical report and geotechnical design need to be part of the
permit submittal plan.
g. Accessibility and ADA requirements shall meet adopted Building Code
requirements.
h. An approved Landscape Plan in the Right of Way for review by Parks and HPC.
Section 4: Dimensional Requirements
The building as presented complies with the dimensional requirements of the
Commercial Core (CC) zone district. Compliance with these requirements will be
verified by the City of Aspen Zoning Officer at the time of building permit submittal.
The subgrade storage areas shall remain uninhabitable and unimproved storage facilities.
If these areas are remodeled in the future, the applicant shall go through the appropriate
land use reviews in place at the time of application.
Section 5: Affordable Housing
The affordable housing units shall be deed restricted as Category 3 rentals with the
capability of converting into ownership units if the owners would request this change or
APCHA deems the units out of compliance for a period of more than one year.
Employees of the commercial space located at 308 East Hopkins Avenue will have the
right of first refusal before the affordable housing units are rented to non -employees. If
the units become "for sale" due to the aforementioned conditions, they will be listed with
the Housing Office at Category 3 maximum sales prices.
Section 6: Trash/Utility Service Area
The trash containers shall be wildlife proof and meet the Certificate of Appropriateness
regulations pertaining to size and security.
Section 7: Sidewalks, Curb, and Gutter
The sidewalks shall be upgraded to meet the City Engineer's standards and ADA
requirements. Prior to issuance of a Building Permit, the applicant shall provide
sidewalk, curb and gutter plans that meet the approval of the City Engineer. Such
improvements shall be made prior to issuance of a Certificate of Occupancy on any of the
units within the development.
Section 8: Water Department Requirements
The Applicant shall comply with the City of Aspen Water System Standards, with Title
25, and with the applicable standards of Title 8 ( Water conservation and Plumbing
Ordinance No. 27
Series 2007
Page 3
0
Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water
Department. Each of the units within the building shall have individual water meters.
Section 9: Sanitation District Requirements
a. Service is contingent upon compliance with the Aspen Consolidated Sanitation
District's (ACSD) rules, regulations, and specifications, which are on file at the
District office. ACSD will review the approved Drainage plans to assure that clear
water connections (roof, foundation, perimeter, patio drains) are not connected to the
sanitary sewer system.
b. On -site utility plans require approval by ACSD.
c. Oil and Grease interceptors (NOT traps) are required for all food processing
establishment; Locations of food processing shall be identified prior to building
permit; even though the commercial space will be tenant -finished, interceptors will be
required at this time if food processing establishments are anticipated for this project.
d. Oil and Sand separators are required for parking garages and vehicle maintenance
establishments. Driveway entrance drains must drain to drywells. Elevator shaft
drains must flow through oil and sand interceptors.
e. Old service lines must be excavated and abandoned at the main sanitary sewer line
according to specific ACSD requirements. Below grade development may require
installation of a pumping system. One tap is allowed for each building. Shared
service line agreements may be required where more than one unit is served by a
single service line. Permanent improvements are prohibited in sewer easements or
right of ways.
f. Landscaping plans will require approval by ACSD where soft and hard landscaping
may impact public ROW or easements to be dedicated to the district.
g. All ACSD fees must be paid prior to the issuance of a building permit.
h. Any glycol heating and snow melt system must be designed to prohibit and discharge
of glycol to any portion of the public and private sanitary sewer system. The glycol
storage areas must have approved containment facilities.
i. Soil Nails are not allowed in the public ROW above ASCD main sewer lines.
j. Applicant's civil engineer will be required to submit existing and proposed flow
calculations.
Section 10: Exterior Lighting
All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code
pursuant to Land Use Code Section 26.575.150, Outdoor Lighting.
Section 11: Landscaping
a. Prior to the issuance of any demolition or building permits, a tree removal permit will
need to be approved by the City of Aspen Parks Department. To the extent that
mitigation is required for any removals, the required mitigation will be provided to
the satisfaction of the Parks Department via payment of cash -in -lieu of plantings, the
planting of street trees, or a combination of these methods.
Ordinance No. 27
Series 2007
Page 4
41* N
b. Root trenching will be required around all trees with excavation next to and/or under
the drip line. This can be accomplished by a contracted professional tree service
company or trained member of the contractor's team. This is specific to the trees
located on adjacent properties.
c. Planting in the Public Right -Of —Way (ROW) will be subject to Landscaping in the
ROW requirements. Improvements to the ROW should include new grass, irrigation
and the applicant shall work with the Parks Department in order to design an
appropriate trench box for the new tree plantings. Plans for the tree plantings should
be completed and conceptually approved prior to building permit submittal.
Section 12: Park Development Impact Fee
Pursuant to Land Use Code Section 26.610, Impact Fees, the Applicant shall pay a park
development impact fee prior to building permit issuance. The fee shall be calculated
according to the fee schedule in Land Use Code Section 26.610.09 0, Fee .Schedule.
Section 13: Pedestrian Amenity Cash -in -Lieu Fee
Pursuant to Land Use Code Section 26.575.030, Pedestrian Amenity, the Applicant shall
pay a cash -in -lieu fee for pedestrian amenity in the amount equal to seventeen (17%)
percent of the lot area, as the applicant is providing eight percent (8%) on site, prior to
building permit issuance. The fee is assessed based on the following calculation:
Lot area = 6,032 square feet
17% of Lot Area = 1,025.44 square feet
Payment = $50 x 1025.44 square feet
Pedestrian Amenity Cash -in -Lieu = $51,272,
Section 14: School Lands Dedication Fee
Pursuant to ILand Use Code Section 26.630, School lands dedication, the Applicant shall
pay a fee -in -lieu of land dedication prior to building permit issuance. The City of Aspen
Community Development Department shall calculate the amount due using the
calculation methodology and fee schedule in affect at the time of building permit
submittal. The Applicant shall provide the market value of the land including site
improvements, but excluding the value of structures on the site.
Section 15: Reconstruction Credits Deadline Extension
The one (1) year deadline for the reconstruction of existing commercial net leasable
credits, pursuant to Land Use Code Section 26.470.070.A, is hereby extended to two (2)
years to accommodate the projects' additional approval requirements.
Section 16: Vested Rights
The development approvals granted pursuant to Historic Preservation Commission
Resolution Number 18, Series of 2006, and Resolution Number 19, Series of 2007; and
Planning and Zoning Commission Resolution Number 18, Series of 2007 and herein shall
be vested for a period of three (3) years from the date of issuance of the development
order.
No later than fourteen (14) days following the final approval of all requisite reviews
necessary to obtain a development order as set forth in this ordinance, the City Clerk shall
cause to be published in a newspaper of general circulation within the jurisdictional
Ordinance No. 27
Series 2007
Page 5
00 N
boundaries of the City of Aspen, a notice advising the general public of the approval of a
site specific development plan and creation of a vested property right pursuant to this
Title. Such notice shall be substantially in the following form:
Notice is hereby given to the general public of the approval of a vested property
right, pursuant to the Land Use Code of the City of Aspen and Title 24, Article
68, Colorado Revised Statutes, pertaining to the following described property:
308 East Hopkins Avenue, City and Townsite of Aspen, CO, by Ordinance No.
27, Series of 2007, of the Aspen City Council.
Section 17:
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 Historic Preservation Commission, Planning and
Zoning Commission or City Council, are hereby incorporated in such plan development
approvals and the same shall be complied with as if fully set forth herein, unless amended
by an authorized entity.
Section 18:
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 19:
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.
Section 20: .
A public hearing on the ordinance shall be held on the 9`h day of July, 2007, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which
hearing a public notice of the same shall be published in a newspaper of general circulation
within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 11 d day of June, 2007.
[signatures on the following page]
Ordinance No. 27
Series 2007
Page 6
00 N
Michael C. Ireland, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this 9th day of July, 2007.
Michael C. Ireland, Mayor
ATTEST:
Kathn n S. Koch, City Clerk
APPROVED AS TO FORM:
John P. Worcester, City Attorney
Ordinance No. 27
Series 2007
Page 7
••
•%
MEMORANDUM
TO: Sara Adams
FROM: Cindy Christensen, Housing
DATE: September 20, 2007
RE: LA COCINA REDEVELOPMENT; 308 E. HOPKINS A VENUE
Parcel ID No. 2737-073-29-007
ISSUE: The applicant is requesting approval to modify the land use approval stated in Aspen P&Z
Resolution No. 18, Series of 2007, by converting storage space in the basement of the building into
a commercial use.
BACKGROUND: The property is located at 308 East Hopkins Avenue. The proposed
development requested the demolition of the existing structure with replacement of a new three-
story, mixed use commercial/residential building to include the following:
• Basement level to include a storage area along with a space for a potential future
commercial use.
• The ground floor will be devoted entirely for a commercial use and is proposed as a new
restaurant. Currently, the applicant is proposing the relocation of the Syzygy restaurant to
this spot.
• The second level is to contain three employee -housing units (two one -bedroom units and
one studio unit) and one free-market, one -bedroom unit. The free-market unit will contain
approximately 1,447 square feet of net livable area. The two one -bedroom employee -
housing units will contain approximately 750 and 768 square feet of net livable area, while
the studio unit will contain approximately 594 square feet. The three employee housing
units mitigate at a total of 4.75 employees (1.25 for the studio unit and 3.5 for the two one -
bedroom units).
• The third floor will consist of a three -bedroom, free-market residential unit to contain
approximately 3,500 square feet of net livable area.
This request is regarding the basement level and modifying this space into a commercial area that
will be utilized as a nightclub and/or special event dining for the ground floor restaurant. The
relevant calculations are as follows:
3,095 Sq. Ft. + 2,518 Sq. Ft. = 5,666 Sq. Ft. Net Leasable Area
5,666 Sq. Ft. — 2,745 Sq. Ft. Credit = 2,921 Sq. Ft.
This generates a total of 2,921 square feet and at 60%, a total of 5.38 employees. The three on -site
employee -housing units will house a total of 4.75 employees and contain approximately 2,632
square feet of floor area (again taking into consideration a pro rata share of the building's non -unit
space); therefore, the three units exceed the project's employee housing mitigation requirement.
The applicant is proposing the three units be deed -restricted to the Category 4 designation.
Due to the change in the basement space from storage to commercial, the applicant will need to
provide additional mitigation for 0.63 employee. The applicant states that no reasonable ability
exists to provide additional on -site housing and is, therefore, proposing a cash -in -lieu payment to
the City. The Code allows the payment to be calculated using the Category 4 cash -in -lieu fee. That
fee is stated below:
$126,420/Category 4 Employee X 0.63 Employees = $79,644.60
However, the City of Aspen approved the project under Ordinance No.27 (Series of 2007) as
Category 3 units, therefore, if a cash -in -lieu is approved, would recommend that the Category 3 fee
be utilized for establishing the fee. This request is a recommendation and is outside the realm of
the Land Use Code. The fee would be as follows, using the Category 3 cash -in -lieu fee:
$202,517/Category 3 Employee X 0.63 Employees = $127,585.71
The deed -restricted housing that was approved in the initial application is as follows:
• 1 Studio, Category 3, at 594 square feet (minimum is 500 square feet)
• 1 One -bedroom, Category 3, at 750 square feet (minimum is at 700 square feet)
• 1 One -bedroom, Category 3, at 768 square feet (minimum is at 700 square feet)
RECOMMENDATION: The Housing Board reviewed the application at their Regular Meeting
held September 19, 2007. Although the Code allows for partial mitigation to be satisfied via a
cash -in -lieu amount, the Housing Board would recommend denial of the change of use to a
night club unless the additional mitigation is satisfied through an increase of affordable
housing on -site. All other aspects of the previous approval shall be followed as stipulated below.
Rental Units:
a. The units will be deed -restricted as Category 3 rental units but the deed -restriction
will allow for the units to become ownership units at such time the owners would
request this change and/or at such time the APCHA deems the units out of
compliance over a period of more than one year. If any of the units are found to
be out of compliance for one year, or the owner elects to sell the units, all of the
units would be listed for sale with the Housing Office as specified in the deed
2
restriction at Category 3 maximum sales prices, based on the sales price stated
in the Guidelines in effect at the time of recordation of the deed restriction,
appreciated as stated in the deed restriction (3% or the Consumer Price Index,
whichever is less), as of the date of the listing of the units.
b. Rental of the units shall be open to all qualified employees of Aspen and Pitkin
County and shall not be tied to employment for the free-market component.
c. The governing documents shall be drafted to reflect the potential for the rental units
to become ownership units.
d. APCHA or the applicant shall structure a deed restriction for the units such that
1/10`h of 1 percent of the property is deed restricted in perpetuity to the
Aspen/Pitkin County Housing Authority; or until such time the units become
ownership units; or the applicant may propose any other means that the Housing
Authority determines acceptable.
Sales Units:
Since the project is a mixed free-market/deed-restricted project, the assessments shall be based on
the value of the free-market units compared to the deed -restricted units. This language shall be
required in the approval and in the Covenants associated with the project. No changes to this
restriction would be allowed without APCHA's approval.
The deed -restriction shall be recorded at the time of recordation of the Condo Plat and prior to
Certificate of Occupancy.
3
J
0 tAP of FWV
MINUTES OF THE SEPTEMBER 19, 2007 EXHIBIT
REGULAR MEETING OF THE
ASPEN/PITKIN COUNTY HOUSING A UTHORIT
CALL TO ORDER: Marcia Goshorn, Vice Chairperson, called the Regular Meeting to order at
5:00 p.m. The September 19, 2007 Regular Meeting was held in the Plazal Meeting Room,
Courthouse Plaza.
Board Members in Attendance: Marcia Goshorn, Ron Erickson, and Patrick Jones.
Staff Members in Attendance: Tom McCabe, Executive Director, and Cindy Christensen,
Operations Manager.
PUBLIC COMMENT: There was no public comment.
EXECUTIVE SESSION: Erickson made a motion to go into Executive Session under Section
24-6-402(4)(b), for the purpose of receiving legal advice on specific legal questions regarding
compliance of deed restrictions on a property in the Hunter Creek area and to discuss pending
litigation; Jones seconded the motion. The Board came out of Executive Session at 5:40 p.m.
EXECUTIVE DIRECTOR COMMENTS: McCabe updated the Board on the following:
• The Marolt Finance Committee approved the budget with a 3% rental increase. There
was an agreement made to the MAA that the units can only be utilized by three students
per unit.
• At the Housing Summit, ideas were brought up to allow growth outside the UGB,
leveraging dollars to build more housing, increasing mitigation requirements for
development, etc. Staff will be bringing back policy issues for recommendation by the
Board.
• There is still some work being done on energy items at Aspen Country Inn. Most have
been completed.
• Painting has been completed at ACI. The side where all the damage is from golf balls
from the Maroon Creek Club is not done. Staff is waiting on the Maroon Creek Club.
• The Parks Department has finally started landscaping Truscott.
• The issues regarding the landscaping not being done at Burlingame were addressed in a
homeowners' meeting. The City has asked the homeowners to elect two owners to sit on
the Board.
Aspen/Pitkin County Housing Authority Minutes
September 19, 2007 Page 1
•
a
• Sandy Benavides will be taking the Property Management position being vacated by Janet
Krasnoff.
• The IGA has been approved by the City and formal approval will be requested by the
BOCC. The City Council did request that the word "employee" housing be changed to
"affordable" housing.
• A supplemental budget approval for Truscott is being requested. These funds are to
update and remodel the laundry facility in the 100 building.
• The issue at Smuggler Mountain Apartments regarding the retaining wall collapse is still
a problem. The City of Aspen states that an architect has to provide plans even to move
dirt.
DIRECTOR COMMENTS:
• Goshorn stated that she heard that the new owners of the property involved in our joint
development have opted not to renew the leases for their 14 units. Goshorn stated that
she would suggest to the partners that they at least do month -to -month leases. McCabe
stated that in some instances it could involve the building that is next to the retaining wall
that has collapsed. Goshorn suggested getting together with some other groups to discuss
potential development at Twin Ridge. Goshorn also suggested putting a packet together
of the sites that were discussed for potential development of affordable housing that
would include site plans, etc.
• Erickson stated that at the Housing Summit, discussions revolved around the potential
requirement of providing 100% mitigation on all new development. This should be
discussed with the approvals being taken forward as soon as possible. Erickson stated
that he also sat in on the Marolt Finance Committee and that they did put MAA on notice
that packing each unit with students will not be tolerated. McCabe stated that he would
draft a document before May that will cover the maximum occupancy at Marolt.
Erickson recommended an outreach program to other groups that the Housing Board has
some opportunities to do joint development. The groups should come back to the Board
with ideas.
CONSENT CALENDAR: Erickson requested pulling the La Cocina land use referral for
further discussion. Erickson made a motion to approve the Consent Calendar; Jones seconded
the motion. All were in favor.
La Cocina Property Commercial GMQS Land Use Referral (Additional Commercial Space):
Erickson stated that although they are meeting the Code by providing the additional mitigation
requirement with cash -in -lieu, this additional mitigation requirement could be accomplished on
site by increasing one of the deed -restricted units, decrease one of the free-market units, etc. The
request to change the storage space in the basement to a nightclub should be denied unless the
additional mitigation is satisfied on -site. Erickson made a motion to deny the satisfaction of
Aspen/Pitkin County Housing Authority Minutes
September 19, 2007 Page 2
•
•
the additional mitigation requirement via a payment -in -lieu fee and that only an on -site
unit would be allowed; Jones seconded the motion. All were in favor.
ACTION ITEMS:
Aspen Highlands Village Change in Use Land Use Referral: Erickson made a motion
to approve Staff s recommendation; Jones seconded the motion. All were in favor.
DISCUSSION ITEMS:
• In -Complex Bids and Owning for One Year Prior: After a brief discussion, the Board
recommended approval of Staff s recommendation of the policy as stated below and
recommend approval by the BOCC and City Council:
Persons living in and owning another unit within the complex who meet minimum
occupancy standards. A person must have owned his in -complex unit for at least one year
prior to receiving the in -complex priority. However, in new developments, the initial
owner of a new unit may exercise the "in -complex" priority prior to a one-year ownership
as long as minimum occupancy is met and the household still qualifies within the category
of the unit opening up. If there are more than one in -complex bids meeting minimum
occupancy, a lottery will be held by giving the number of chances as stipulated below. On
an in -complex move, a unit must open up to bid to other qualified persons before receiving
the in -complex priority. For new multi -phase projects, the in -complex priorities will apply
after completion of each phase; however, the initial owner may exercise the "in -complex"
priority prior to a one-year ownership within the phase associated with that households unit
and may not exercise the in -complex priority in any other additional employee -housing
phases of the project. The in -complex priority DOES NOT apply to any single-family
homes.
• Readdress Employee Generation Units: The Board would like incentives on one -
bedroom units. Further research will be done and this will be brought back for further
discussion.
There was a motion to adjourn and it was seconded. The Board adjourned its regular meeting at
7:15 p.m.
THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY
Marcia Goshorn, Vice Chairperson
Tom McCabe, Executive Director
i
Minimum Occupancy (see Definitions) as used herein is one person (with an ownership interest) per hedroom and or a dependent. A Dependent is defined and can he
countedfor a bedroom as stipulated in Part X, Definitions.
Aspen/Pitkin County Housing Authority Minutes
September 19, 2007 Page 3
Page 1 of 1
Sara Adams
From: Cindy Christensen
Sent: Thursday, September 20, 2007 8:16 AM
To: vannassociates@comcast.net; Sara Adams
Subject: La Cocina Change in Use
The Housing Board met on this last night and just as a heads up (I haven't done the referral quite yet), they want
to recommend denial unless the additional FTE's are mitigated on site. They feel that this can be done by either
making a one -bedroom unit into a two -bedroom unit and decreasing the size of a free-market unit, or by some
other means.
am willing to take this back to the Board, but the next meeting date is not until October 17 as we are in a
Housing Symposium in Vail on the 3rd.
Let me know how you want me to proceed as I am out of town from Friday until Wednesday next week.
`ft.
9/20/2007
AFFIDAVIT OF PUBLIC NOTICE
REQ1JRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PERTY:
Ay( e, , Aspen, CO
SCHEDUV ( UBLIC HEARING DATE:
[2z 1(0 , 200
STATE OF COLORADO )
ss.
County of Pitkin )
I, \Aa rip,w (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:
A_ 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
and was continuously visible from the day of , 200, 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.
(continued on next page)
M
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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
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AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: :��4554 ��/ j /�• Aspen, CO
SCHEDULED PUBLIC HEARING DATE: 200 7
STATE OF COLORADO )
) ss.
County of Pitkin )
I, %V�Aooy (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.
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 day of
, 200, to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
V 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 any federal agency, state, county, municipal government,
school, service district or other governmental or quasi -governmental agency that
owns 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)
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 has been available for public
inspection in the planning agency during all bus' ess for fifteen (15) days
prior to the public hearing on such amendmentV�7
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The foregoing "Affidavit of Notice" was acknowledged before me this day
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LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
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PHOENIX, AZ 85018
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601 E HYMAN AVE ASPEN, CO 81611 ASPEN, CO 81612
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BERGMAN CARL R & CATHERINE M BRINING ROBERT CENTRE OF ASPEN LLC 54.6248989%
PO BOX 1365 215 S MONARCH ST STE 203 C/O KATIE REED MGMT
ASPEN, CO 81612 ASPEN, CO 81611 210 S MONARCH ST #B
ASPEN, CO 81611
CITY OF ASPEN CLARK FAMILY TRUST COLLINS BLOCK LLC
130 S GALENA ST PO BOX 362 205 S GALENA ST
ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611
CRYSTAL PALACE CORPORATION DAVIDSON DONALD W DAVIS HORN INCORPORATED
PO BOX 32 864 CEMETERY LN 215 S MONARCH #104
ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611
DENSON JAMES D DOLE MARGARET M EXPLORE BOOKSELLERS & BISTRO R E
PO BOX 1614 C/O FIRST NATIONAL BANK OF LLC
TUBAC, AZ 85646 CEDARIDGE 300 CRESCENT CT #1000
PO BOX 8455 DALLAS, TX 75201
ASPEN, CO 81612
FOOTLOOSE MOCCASIN MAKERS INC FORGE PARTNERSHIP FREDRICK LARRY D
240 S MILL ST STE 201 PO BOX 2914 ROBERTS JANET A
ASPEN, CO 81611 BASALT, CO 81621 215 S MONARCH ST #G101
ASPEN, CO 81611
GALENA PLAZA LLC 30.3845777% GILBERT LEONE 2.7624071% GOLDEN ARTS CONNECTION LLC
CO/ RONALD GARFIELD ESQ CO/ RONALD GARFIELD ESO DBA ASPEN INTERNATIONAL ART
601 E HYMAN AVE 601 E HYMAN AVE 213 S MILL ST
ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611
GOLDSTEIN PETER & ALAN GOODING RICHARD L GRAND FINALE LTD
150 METRO PK #2 4800 S HOLLY ST PO BOX 32
ROCHESTER, NY 14623 ENGLEWOOD, CO 80111 ASPEN, CO 81612
GRAND SLAM HOLDINGS LLC GRANITE TRUST LLC 61.668%
C/O CARL B LINNECKE CPA PC C/O KATIE REED MANAGEMENT HALL CHARLES L
215 S MONARCH ST #101 210B S MONARCH ST PO BOX 1819
ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612
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HANSEN CANTINA LLC 15.72%
PO BOX 9343
ASPEN, CO 81612
HIGH DESERT NEWSPAPERS INC
500 DOUBLE EAGLE CT
RENO, NV 89521
ISIS BUILDING LLC
205 S MILL ST # 301A
ASPEN, CO 81611
KATIE REED INVESTORS LLC
PARTNERS IN KATIE REED LLC
210 B S MONARCH
ASPEN, CO 81611
KREVOY SUSANNE SEPARATE PROP
TRST
2311 LA MESA DR
SANTA MONICA, CA 90402
MEEKER RICHARD J AND ALLISON D
0752 MEADOWOOD DR
ASPEN, CO 81611
MONARCH BUILDING LLC
PO BOX 126
WOODY CREEK, CO 81656
MTN ENTERPRISES 80B
C/O HILLIS OF SNOWMASS
170 GARE CRK DR
VAIL, CO 81657
ORR ROBERT L
500 PATTERSON RD
GRAND JUNCTION, CO 81506
PARTNERS IN KATIE REED LLC 5%
C/O GARFIELD & HECHT PC
601 E HYMAN AVE
ASPEN, CO 81611
T @09LS®AUSAV VM
HANSEN STEVE 11.8169824%
CO/ RONALD GARFIELD ESQ
601 E HYMAN AVE
ASPEN, CO 81611
HILLIS OF SNOWMASS INC
170 E GORE CRK
VAIL, CO 81657
JOHNSON PETER C & SANDRA K
51 OVERLOOK DR
ASPEN, CO 81611-1008
KATIE REED INVESTORS LLC 33.332%
C/O GARFIELD & HECHT PC
601 E HYMAN AVE
ASPEN, CO 81611
LCP ELYSIAN ASPEN OWNER LLC
C/O LODGING CAPITAL PTNRS/ DAVID
SIMS
430 W ERIE ST #501
CHICAGO, IL 60610
MILL STREET PLAZA ASSOCIATES LLC
C/O CAPMARK INC
200 WITMER RD
HORSHAM, PA 19044-6657
MOTHER LODE INVESTORS LLC
620 E HYMAN AVE #1 E
ASPEN, CO 81611
OBRIEN MAUREEN
1370 MAIN ST
CARBONDALE, CO 81623
OSA TRUST 50%
C/O KREVOY SUSANNE BELZBERG
2311 LA MESA DR
SANTA MONICA, CA 90402
RACZAK JOSEPH S & JANET L
0234 LIGHT HILL RD
SNOWMASS, CO 81654
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HART GEORGE DAVID & SARAH C
PO BOX 5491
SNOWMASS VILLAGE, CO 81615
HOFFMAN JOHN & SHARON
210 W 5TH ST APT 211
KANSAS CITY, MO 64105-1166
KANTZER TAYLOR MICHAEL FAMILY
TRUST #1
216 SEVENTEENTH ST
MANHATTAN BEACH, CA 90266
KELLY GARY
PO BOX 12356
ASPEN, CO 81612
MAIN & MILL LLC 34.28%
C/O LOWELL MEYER
PO BOX 1247
ASPEN, CO 81612
MMWCRB#2 7.57%
595 S BROADWAY
DENVER, CO 80209
MSJ PROPERTIES LLC 50%
PETERSON BROOKE A 50%
302 E HOPKINS AVE
ASPEN, CO 81611
OBRIEN MAUREEN
215 S MONARCH ST G102
ASPEN, CO 81611
PARK CENTRAL CONDO ASSOC
215 S MONARCH ST STE 203
ASPEN, CO 81611
SEGUIN WILLIAM L
PO BOX 4274
ASPEN, CO 81612
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SSM LAND AQUISITION CO LLC TRUE JAMES R VAIL FINE ART GALLERY INC
2121 KIRBY DR #99 215 S MONARCH #102 PO BOX 1953
HOUSTON, TX 77019 ASPEN, CO 81611 EDWARDS, CO 81632
WELLS FARGO BANK WENDELIN ASSOC
C/O DELOITTE TAX LLP WILLIAMS DEXTER M
PO BOX 2609 150 METRO PARK 82 W LUPINE DR
CARLSBAD, CA 92018 ROCHESTER, NY 14623 ASPEN, CO 81611
WITEK ROBERT J
215 S MONARCH #G-103
ASPEN, CO 81611
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AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: 308 E. HOPKINS AVENUE, Aspen, CO
SCHEDULED PUBLIC HEARING DATE: NOVEMBER 6, 2007
STATE OF COLORADO )
) ss.
County of Pitkin )
I, MARK F. PRESTON (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 18TH day of OCTOBER, 2007, 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.
(continued on next page)
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.
1116LI)��
ignature
The foregoing "Affidavit of Notice" was acknowledged befo e me this J ' day
of �1/pi% � , 200-by `yl, L ,efI r0
WITNESS MY HAND AND OFFICIAL SEAL
My c mmission a ires: t`P L d
oarY
blic
ATTACHMENTS:
COPY OF THE PUBLICA TION
PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BYMAIL
PUBLIC NOTICE
DATE NOVEM5EF?_ G 2-007
TIME 5 : 00 FM
PLACE _�Ifi� HAI=-L
TYPE/PURPOSE 17 �'r 0 F A5PEN
PLANNING AND =ONING
��MMiSSI�N: TO �EVIDN AN
AFFL I �Ai 1 ON FROFOS I NC7 7C)
AMENS 'KE�ENTL�' AFFROVE
L-,�EVELOFMENT IOfi�
NEDN MIXE:�) USE
E3ASEMENT 70
APPLICANT -�W \/'E-NfiUF�E LLC,
PROPERTY-"' �� E. Hc�FK I NS
�\/F-NUF-, ASPEN. C,C.
FOR FURTHER INFORMATION CONTACT;
ASPEN COMMUNITY
ci ELOPMENT DEPARTMENT
130 S. GALENA ST., ASPEN, CO 970.429.2778
�/, nl,'*-
- �m -, tq�j , mm
LA COCINA PROPERTY
I,VIVIIVICI'SI.iHL 171V11lJ
1219i1 � G�^' APPLICATION
- mill" =�
V `�
A COMMERCIAL GMQS APPLICATION
FOR THE
LA COCINA PROPERTY
Submitted by:
JW Ventures, LLC
P.O. Box 8769
Aspen, CO 81611
(970) 925-6553
August 15, 2007
Prepared by:
VANN ASSOCIATES, LLC
Planning Consultants
230 East Hopkins Avenue
Aspen, Colorado 81611
(970) 925-6958
•
PROJECT CONSULTANTS
PLANNER
Sunny Vann, AICP
Vann Associates, LLC
230 East Hopkins Avenue
Aspen, CO 81611
(970) 925-6958
ARCHITECT
Charles Cunniffe, AIA
Charles Cunniffe Architects
610 East Hyman Avenue
Aspen, CO 81611
(970) 925-5590
ATTORNEY
Leonard M. Oates, Esq.
Oates Knezevich & Gardenswartz, PC
533 East Hopkins Avenue
Aspen, CO 81611
(970) 920-1700
i
SURVEYOR
Jeffrey Allen Tuttle, L.S.
Tuttle Surveying Services
226 Heather Lane
Glenwood Springs, CO 81601
(970) 928-9708
CIVIL ENGINEER
Jay Hammond, P.E.
Schmueser Gordon Meyer, Inc.
118 West 6th. Street, Suite 200
Glenwood Springs, CO 81601
(970) 945-1004
TABLE OF CONTENTS
Section Page
I. INTRODUCTION
1
11. PROJECT SITE
3
III. PROPOSED DEVELOPMENT
6
IV. REVIEW REQUIREMENTS
34
A. Substantial Amendment of a Development Order
34
B. Growth Management
35
C. Vested Property Rights
39
APPENDIX
A. Exhibit 1, Pre -Application Conference
Summary
Exhibit 2, HPC Resolution No. 6, Series
of 2001
Exhibit 3, HPC Resolution No. 18, Series
of 2006
Exhibit 4, P&Z Resolution No. 18, Series
of 2007
Exhibit 5, HPC Resolution No. 19, Series
of 2007
Exhibit 6, City Council Ordinance No. 27,
Series of 2007
Exhibit 7, Community Development Department
Development Order
ii
TABLE OF CONTENTS
Section
APPENDIX
Page
Exhibit 8, Title Insurance Policy
Exhibit 9, Permission to Represent
Exhibit 10, Land Use Application Form
Exhibit 11, Dimensional Requirements
Form
Exhibit 12, Application Fee Agreement
Exhibit 13, List of Adjacent Property
Owners
B. Exhibit 1, Existing La Cocina Building
Floor Plans and Elevations
Exhibit 2, Schmueser Gordon Meyer
Engineering Letter
Exhibit 3, Utility Easement
Exhibit 4, License Agreement
C. Exhibit 1, Community Development Department
Land Use Interpretation
Exhibit 2, Community Development Department
Interim Policy
Exhibit 3, E-Mail from Chris Bendon re:
Definition of One Full Unit
iii
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111
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I. INTRODUCTION
The following application requests a commercial growth management quota
system ("GMQS") allotment for the development of a mixed use commercial/residential
project on the former La Cocina restaurant property, which is located at 308 East
Hopkins Avenue in the City of Aspen (see Pre -Application Conference Summary, Exhibit
1, Appendix A, attached hereto). An existing net leasable area reconstruction credit is
available to accommodate the project's proposed ground floor restaurant. A commercial
GMQS allotment, however, will be required to permit a portion of the structure's
basement to also be utilized for commercial purposes. In addition, the Community
Development Department has determined that the conversion of the basement space to
commercial use constitutes a "Substantial Amendment of a Growth Management
Development Order", which is subject to review and approval as provided for in Section
26.470.140.B. of the Aspen Land Use Regulations (the "Regulations"). Vested
property rights is requested for all approvals granted pursuant to this application.
The existing La Cocina building was removed from the City's Inventory of
Historic Sites and Structures by the Historic Preservation Commission ("HPC") in
February of 2001 (see Resolution No. 6, Exhibit 2, Appendix A). The building,
however, is located within the City's Commercial Core Historic District. As a result,
any redevelopment of the property is subject to HPC review and approval. Conceptual
major development approval was granted by the HPC on July 12, 2006 (see Resolution
No. 18, Series of 2006, Exhibit 3, Appendix A). The HPC exempted the proposed
development from the City's mountain view plane regulations based on a finding of no
significant impact. The HPC also granted commercial design review approval to the
project, approved a reduction in the project's required pedestrian amenity space, and
approved the demolition of the existing structure.
1
1 0 0
1
11
1
11
Growth management allotments for the project's two free market residential units
and its three on -site affordable housing units were granted by the Planning and Zoning
Commission on April 17, 2007 (see Resolution No. 18, Exhibit 4, Appendix A). Final
HPC approval was granted on May 9, 2007 pursuant to Resolution No. 19 (see Exhibit
5, Appendix A). Subdivision approval and approval to condominiumize the project upon
substantial completion of construction was granted by the City Council pursuant to
Ordinance No. 27 on July 9, 2007 (see Exhibit 6, Appendix A). All required approvals
for the project have been granted with the exception of the requested commercial GMQS
allotment.
The above approvals were granted pursuant to the Regulations that were in effect
at the time the Applicant's conceptual HPC application was submitted (hereinafter the
"prior" Regulations). A development order for the project was issued by the Community
Development Department on August 9, 2007 (see Exhibit 7, Appendix A). As a result,
the project's existing approvals are vested until August 9, 2010. While various
amendments to the Regulations have been adopted since the submission of the original
application, the amendments, to the extent applicable, apply only to the Applicant's
current request for a commercial growth management allotment. In other words, the
prior approvals need not be brought into compliance with current regulatory requirements
given their vested rights status.
The application is submitted pursuant to Sections 26.470.140.B., 26.470.080.1.
and 26.470.070.4 of the current Regulations by JW Ventures, LLC, a Colorado limited
liability company (hereinafter "Applicant"), the owner of the property (see Title
Insurance Policy, Exhibit 8, Appendix A). Permission for Vann Associates, LLC,
Planning Consultants, to represent the Applicant is attached as Exhibit 9, Appendix A.
A land use application form, dimensional requirements form, application fee agreement,
2
and a list of property owners located within three hundred feet of the project site are
attached as Exhibits 10, 11, 12 and 13, respectively.
The application is divided into four sections. Section I provides a brief
introduction to the application while Section II describes the project site. Section III of
the application outlines the Applicant's development proposal while Section IV addresses
the proposal's compliance with the applicable review criteria of the Regulations. For the
reviewer's convenience, all pertinent documents relating to the project (e.g., prior
approval documents, etc.) are provided in the appendices to the application.
While this application is intended to address all relevant provisions of the Regula-
tions, and to provide sufficient information to enable a thorough evaluation of the
proposed development, questions may arise which require further information and/or
clarification. The Applicant will provide such additional information as may be required
' in the course of the application's review.
1
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II. PROJECT SITE
The project site is legally described as Lots M and N, Block 80, City and
Townsite of Aspen. As the Improvement Location Survey on the following page
illustrates, the lots are located on the north side of Hopkins Avenue between South
Monarch and South Mill Streets. The property contains a total area of 6,032 square feet
and is zoned CC, Commercial Core. Man-made improvements to the property consist
of a modest frame structure with a partial second floor that was formerly occupied by the
La Cocina restaurant; a small detached shed; an outdoor dining patio; and a paved
parking area which is located adjacent to the alley at the rear of the site. Existing
vegetation is limited to two ten inch pine trees, two smaller Aspen trees, several
chokecherry trees, and various ornamental shrubs. The trees are located between the
3
11
1
11
1
1
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1
Hopkins Avenue sidewalk and the front of the building while the various bushes and
shrubs are located within the patio area.
The existing La Cocina building contains a total of 2,745 square feet of net
leasable commercial area (see Existing Floor Plans and Elevations, Exhibit 1, Appendix
B). This figure includes the restaurant's bar and lounge area, its dining rooms, the
kitchen and its associated food preparation areas, a service area, and a small office which
is located on the building's second floor. The building's restrooms, storage and
mechanical areas have been excluded from the calculation of existing net leasable area
as provided for in Section 26.104.100 of the Regulations. The former restaurant's
existing net leasable area was verified with the City's Zoning Officer prior to the
Planning and Zoning Commission's review of the project.
Existing development in the immediate site area includes the Wells Fargo Bank
building, which is located at the northwest corner of the intersection of Hopkins Avenue
and South Mill Street; the A.G. Sheppard house, which is located at the northeast corner
of Hopkins Avenue and South Monarch Street; and the Katie Reed Plaza and Mill Street
Plaza commercial buildings which are located on the south side of Hopkins Avenue
across from the project site. A small, historically designated structure which is presently
occupied by the Lu Lu Wilson restaurant is located between the project site and the Wells
Fargo bank building. A two-story, contemporary structure housing the R Cuisine and
Elevation restaurants is located between the project site and the A.G. Sheppard house,
which is also historically designated.
The project site is presently served by all major utilities. As the attached letter
from Schmueser Gordon Meyer, Inc., Consulting Engineers, indicates, (see Exhibit 2,
Appendix B), an eight inch sanitary sewer is located in the alley at the rear of the site.
Water service is provided from a six inch water main located in Hopkins Avenue.
4
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N1th 0-Holed
Ptostk Cap
Akr.w
sW tger ertw, esod N^e sey eehrr 6.
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ter. bps/ sorts. es..d ,s,+ � dutoe e.
...,ry M oo..e,r�.vw rear else bw Ma,r
Improvemerz l Szzrvey Pla l
Lots Jl and N, Block 80, City and Townsi& of Aspen
County of Pitkin, State of Colorado
C,ectr;c Tronsf—
h
V ♦ Bps, h N�'Sbs it N,
,°` �p V 1v 8' x 55' Mu/ti- Purpose J 6pJ
Easement, Boric J16 Page 705
V (Item 9 o{ 7'tle Commitment) yQt♦Q A,pnoir/ s,
78uildi-ngce /forkingy Llne k7ectrk Box G s1 R E7ectm Meter
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Legend and Notes
GRAPHIC SCALE
cntrm)
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cant h' -id Lot a bMe
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au to d tannhe ownerahp r to decoy
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hformetkn p-f h,*,g to oevarmh ja so. lent, a amr
wmb-- of —V has bean token Aan title
reemen Note: There is o LA a Agt
hsurhnce—Itments &,sued by P/1kh Camty M/e #;a
for purposes of mu ahtahing a st ,ture
datas ed May is vas Coss Number PC77ayw
��artid/y /—a led m B/ock N r&corobd in
Book 662 at Page 968 (/tern 10 of Tit/e
Commitment)
- 7ha ppgoswty 1, s,b,Oct to opp—t easement, fcr
\
-IstArg utenbs
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- 0 46
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as rated a s'winr h the nacrdr al the P/akh County O'wk and Meadr.
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Headed Fvbm l 14 fees h Book Mat Pope J4D me w Novwnbr 24 fees
h soak 59 0l Age 51e (,Y— 7 aM a of 7/de Cmlm/tmnt}
7hb p,gowty b ",bcf to o Rwwk Oon of Me Aspen Nbtak Prse Mm Ca 1— to
. the La C-ha Rarn wt—t eMe *,—toy o/ NArtork S7fw and S&-&—
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Ot.n 11 of 77tle t:a„m/ —t)
Found Nod w/th Dist
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- Otn to .Hoe caw of Me tine of M&, nrrey some knpralanHnts may not be shown
Sur»,a-'s Crt"k te.
4 ,&,{hey Allen Tutt/4 big o Registered Lmd SLf eyor h
the State of Col -ado, do heroby certify to
LRK Management LLC and PitA' County 7784 Ina that this
hrprolmnent euney was mods under my superriskrr and is true
and carat to the best of my belle/ and knowledge
l furthr cwt/fy that the knprovements an the above dwcrlbed
pared an this dote, March 15, 2005, —Vt utilty connections
are entirely wlMh the bound -roe of the parc,,4 excgot as
shown, that them a no encroachments upon the desarbed
premises by 6rprowments an any odbmirg prem/see except as
hdkated and that Mere Ls no apparent evidence or sign of
any easement crosshg r burdrwtg any prt of sok{ ports/,
except os noted
Jefffey Allen Tuttle LS: JM36 Dote
1
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Electric, telephone, cable TV and natural gas service is readily available as evidenced
by an electric transformer located in the northwest corner of the project site, various
telephone and cable TV pedestals located within the alley, and a natural gas meter which
is attached to the rear of the existing building. An existing fire hydrant is conveniently
located at the northwest corner of Mill Street and Hopkins Avenue. Stormwater runoff
from the roof of the existing building and the site's impervious areas presently drains to
either Hopkins Avenue or the alley.
An easement for the electric transformer was granted by the property's former
owner to the City, Mountain States Telephone and Telegraph Company, and Micro Cable
Communications, Inc. in 1976 to accommodate the undergrounding of utilities in the
immediate site area (see Exhibit 3, Appendix B). As the Improvement Survey illustrates,
the project site is also encumbered with a revocable license agreement between the
property's former owner and the owner of the commercial structure located immediately
east of the property (see Exhibit 4, Appendix B). The purpose of the license agreement
is to allow maintenance of the adjacent structure, a portion of whose roof encroaches
upon the project site.
III. PROPOSED DEVELOPMENT
The Applicant proposes to demolish the existing structure and to replace it with
a new three-story, mixed use commercial/residential building. As the site plan on the
following page illustrates, the majority of the new building's ground floor will abut the
Hopkins Street right-of-way. A portion of the ground floor, however, will be set back
from the property line to accommodate an outdoor dining patio. This area constitutes
the project's pedestrian amenity space, the size of which was reduced by the HPC in
connection with conceptual review. A cash -in -lieu payment to offset the reduction is
required prior to issuance of a building permit.
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IAn enclosed airlock will provide access to the building's ground floor from the
adjacent Hopkins Street sidewalk. Access to the building's upper floors will be provided
via a small entry courtyard located on the east side of the structure. Two internal
elevators and a series of stairways will connect the building's ground floor with the two
upper floors and a subgrade basement. The basement will also be directly accessible
from the sidewalk via an additional stairway located on the west side of the front of the
1 building. A trash and utility service area and three on -site parking spaces will be
provided adjacent to the alley.
As the schematic floor plans on the following pages illustrate, the building's
ground floor will be devoted entirely to commercial use. As presently envisioned, the
a new restaurant will occupy this space. Approximately 2,581 square feet of the existing
' La Cocina building's 2,745 square foot commercial reconstruction credit will be used to
develop the proposed ground floor restaurant. Pursuant to Section 26.470.040.A.7. of
the prior Regulations, existing commercial net leasable area may be demolished and
reconstructed exempt from growth management and affordable housing mitigation. The
proposed ground floor restaurant will contain an adjacent bar area, the restaurant's
kitchen, men's and women's restrooms, and back of house facilities (e.g., dry and
refrigerated storage, etc.).
The building's second floor will contain a one bedroom, free market residential
unit and three deed restricted affordable housing units. Two of the units will each
contain one bedroom and the remaining unit will be configured as a studio. The free
' market unit will contain approximately 1,371 square feet of net livable area. The two
1-bedroom affordable housing units will contain approximately 751 and 668 square feet
of net livable area, respectively, while the studio unit will contain approximately 588
square feet. The three affordable housing units will house a total of 4.75 employees, or
1 0 0
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ILOWER LEVEL FLOOR PLAN 08-15-07 1 /16" SCALE
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LA COCINA REDEVELOPMENT CHARLES CUNNIFFE ARCHITECTS
308 EAST HOPKINS AVENUE-cum,;Ff`-O0'"
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RESTAURANT
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MAIN (STREET) LEVEL FLOOR PLAN 08-15-07
1 /16" SCALE
LA COCINA REDEVELOPMENT CHARLES CUNNIFFE ARCHITECTS
308 EAST HOPKINS AVENUE
ASPEN, COLORADO
1
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SECOND (MID) LEVEL FLOOR PLAN 08-15-07
1 1 /16" SCALE
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308 EAST HOPKINS AVENUE "'"" iffc—
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THIRD (UPPER) LEVEL FLOOR PLAN 08-15-07
1 /16" SCALE
LA COCINA REDEVELOPMENT CHARLES CUNNIFFE ARCHITECTS
308 EAST HOPKINS AVENUE
ASPEN, COLORADO ona�m-,ew, rO1.�lu tea„
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1.75 employees per one bedroom unit and 1.25 employees per studio unit. The
building's third floor will consist of a three bedroom, free market residential unit which
will contain approximately 3,176 square feet of net livable area. As discussed
previously, GMQS allotments have been granted for the proposed development's two free
market units and three affordable housing units.
Pursuant to the prior Regulations, the development of new free market residential
units within a mixed use project required the provision of affordable housing mitigation
in an amount equal to thirty percent of the free market floor area. As the floor area
calculations on the following pages illustrate, the project's two free market residential
units will contain a total floor area of approximately 6,021 square feet. Please note that
this figure includes a prorata share of the building's non -unit floor area (e.g., corridors,
stairways, etc.) as instructed by the Community Development Department at the time
(see Land Use Interpretation, Exhibit 1, Appendix Q. As a result, a minimum of 1,806
square feet of affordable housing floor area must be provided.
For purposes of calculating the equivalent number of employees to be housed, the
Community Development Department determined that four hundred square feet of
affordable housing floor area equates to one full-time employee (see Interim Policy,
Exhibit 2, Appendix Q. As a result, a minimum of 4.52 employees must be housed
within the required affordable housing floor area to mitigate the proposed development's
free market component. The relevant calculations are as follows.
6,021 Sq. Ft. Free Market Floor Area x 0.30 = 1,806 Sq. Ft.
1,806 Sq. Ft. - 400 Sq. Ft. = 4.52 Employees
The three on -site affordable housing units will house a total of 4.75 employees
and contain approximately 2,695 square feet of floor area (inclusive of their prorata share
13
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MAIN (STREET) LEVEL F.A.R. 08-15-07 1 /16" SCALE
FLOOR AREA
NON -UNIT SPACE 1.139 S.F.
COMMERCIAL (RESTAURANT) 2.722 S.F.
MAIN LEVEL TOTAL F.A.R. 3,861 S.F.
LA COCINA REDEVELOPMENT CHARLES CUNNIFFE ARCHITECTS
308 EAST HOPKINS AVENUE "'•a'"'iINL-
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SECOND (MID) LEVEL FLOOR F.A.R. 08-15-07
1 /16" SCALE
NON -UNIT SPACE
FREE MARKET UNIT
FLOOR AREA
981
S.F.
1,483
S. F.
AHU #1
817
S.F.
AHU #2
605
S.F.
AHU #3
738
S.F.
AHU - TOTAL 2,160 S.F.
SECOND LEVEL TOTAL F.A.R. 4.624 S.F.
LA COCINA REDEVELOPMENT CHARLES CUNNIFFE ARCHITECTS
308 EAST HOPKINS AVENUE "'Qmrjft-
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MECH/ELEC/PLMB -
THIS AREA - 76 SF
ORC1LATION MECH/ELEC/PLUS J — MECH/ELEC/PLMB
- 40 SF THIS AREA - 7 SF TINS AREA - 7 SF
THIRD (UPPER) LEVEL FLOOR F.A.R. 08-15-07
1 /16" SCALE
FLOOR AREA
FREE MARKET UNIT I
3,339
S.F.
® NON -UNIT
SPACE
292
S.F.
NON - UNIT SPACE
SUMMARY
MAIN LEVEL =
1,139 S.F.
SECOND LEVEL =
981 S.F.
THIRD LEVEL =
292 S.F.
TOTAL =
2,412 S.F.
PRO -RATED
TOTAL
F.A.R.
F.A.R.
F.A.R.
COMMERCIAL
2,722
S.F.
28.1
%
678
S.F.
3,400
S.F.
FREE MARKET
4,822
S.F.
49.7
%
1,199
S.F.
6,021
S.F.
AFFORDABLE HOUSING
2,160
S.F.
22.2
%
535
S.F.
2,695
S.F.
TOTAL
9,704
S.F.
100.0
%
2,412
S.F.
12,116
S.F.
LA COCINA REDEVELOPMENT CHARLES CUNNIFFE ARCHITECTS
308 EAST HOPKINS AVENUE _.cu jffc"
s ASPEN. COLORADO 9101 s • . llfl v
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Iof the building's non -unit space), which exceeds the project's affordable housing
mitigation requirement. The studio unit and the larger of the two 1-bedroom units will
be deed restricted and rented or sold pursuant to the Aspen/Pitkin County Housing
Authority's ("APCHA") Category 3 income and occupancy guidelines. The remaining
1-bedroom unit will deed restricted to Category 2. The units will be condominiumized
upon substantial completion of construction and deed restricted prior to issuance of a
certificate of occupancy for the project's free market residential units. In the event the
units are rented, an undivided 1 / 10 of one percent interest will be conveyed to APCHA
Ito comply with the State's prohibition against rent control.
IAs the net leasable/net livable area calculations on the following pages illustrate,
the building's basement contains men's and women's restrooms, a storage area and
approximately 3,085 square feet of net leasable area which is proposed for additional
commercial use. The commercial area is accessible both from within the building via
a stairway and elevator and from the Hopkins Street sidewalk via an additional dedicated
stairway. As presently envisioned, the commercial area will utilized as a nightclub
and/or for special event dining for the ground floor restaurant. While the remainder of
the property's existing commercial reconstruction credit (i.e., will be applied towards the
development of the proposed basement club/dining space, a commercial GMQS allotment
in the amount of 2,921 square feet of net leasable area will be required to accommodate
the basement's commercial use. The relevant calculations are as follows.
",085Ft. + 0,81VS-q. Ft. = 5 6� S . Ft. Net Leasable Area
qq
5,666 Sq. Ft. - 745 S Ft. Credit 2,921 Sq. Ft.
�aGo•
' Pursuant to Section 26.470.080. . of the current Regulations, the development
of new commercial net leasable area within a mixed -use building is subject to the
approval of the Planning and Zoning Commission. Affordable housing mitigation in an
r17
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LOWER LEVEL 08-15-07 1 /16" SCALE
NET LEASABLE
NON -UNIT SPACE
COMMERCIAL 3,085 S.F.
LOWER LEVEL TOTAL 3,085 S.F.
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MAIN (STREET) LEVEL 08-15-07
NON —UNIT SPACE
COMMERCIAL (RESTAURANT)
1 /16" SCALE
NET LEASABLE
2,581 S.F.
LA COCINA REDEVELOPMENT CHARLES CUNNIFFE ARCHITECTS
308 EAST HOPKINS AVENUE " cunniO'-0
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SECOND (MID) LEVEL 08-15-07
NON -UNIT SPACE
FREE MARKET UNIT
AHU #1
AHU #2
AHU #3
AHU - TOTAL
SECOND LEVEL TOTALS
1 /16" SCALE
NET LIVABLE
1,371 S.F.
751 S.F.
588 S. F.
668 S.F.
2,007 S.F.
3,378 S.F.
LA COCINA REDEVELOPMENT CHARLES CUNNIFFE ARCHITECTS
308 EAST HOPKINS AVENUE
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THIRD (UPPER) LEVEL 08-15-07
1 /16" SCALE
NET LIVABLE
FREE MARKET UNIT 3,176 S.F.
® NON -UNIT SPACE
LA COCINA REDEVELOPMENT CHARLES CUNNIFFE ARCHITECTS
308 EAST HOPKINS AVENUE _.w "LeO11
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amount equal to 60 percent of the employees generated by the new commercial area is
required pursuant to Section 26.470.050.B.5. Pursuant to Section 26.470.100.A.1., the
proposed basement's 2,921 square feet of net leasable area will generate 8.96 employees
calculated as follows.
2,921 Sq. Ft. - 1,000 Sq. Ft. = 2.92
2.92 x 3.07 Employees/1,000 Sq. Ft. = 8.96 Employees
8.96 Employees x 0.60 = 5.38 Employees
Please note that the 3.07 employees per thousand square feet employee generation
rate used in the above calculations reflects the 25 percent reduction which is permitted
for basement commercial areas pursuant to Section 26.470.100.A.1. of the current
Regulations. The reduced employee generation rate is calculated as follows.
4.1 Employees/1,000 Sq. Ft. x 0.25 = 1.03 Employees/1,000 Sq. Ft.
4.1 - 1.03 = 3.07 Employees/1,000 Sq. Ft.
As the requested GMQS allotment constitutes a substantial amendment to a growth
management development order, Section 26.470.100.A.6. of the current Regulations,
"On -Site Housing Serves Multiple Affordable Housing Requirements", govern the
calculation of the proposed development's affordable housing mitigation requirements.
Based on the provisions of this Section, 4.75 of the 5.38 employees generated by the
proposed basement net leasable commercial area are mitigated by the project's three on -
site affordable housing units. The Applicant, therefore, need only provide additional
affordable housing mitigation for 0.63 employees. As no reasonable ability exists to
provide housing for these employees on -site without expanding the size of the previously
approved structure, the Applicant proposes to make a cash -in -lieu payment to the City
as provided for in Section 26.470.070.4.b) of the current Regulations.
22
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Section 26.470.070.4.b) of the current Regulations states that a cash -in -lieu
payment may be approved by the Planning and Zoning Commission upon a recommenda-
tion of the Aspen/Pitkin County Housing Authority ("APCHA") provided that the amount
of the required affordable housing mitigation is "less than one full unit". As Exhibit 3,
Appendix C indicates, the Community Development Director has determined that one full
unit means a studio unit which houses 1.25 employees. As the requested commercial
GMQS allotment will require the provision of affordable housing mitigation for only 0.63
employees, the Commission may approve the requested cash -in -lieu payment. Pursuant
to Section 26.470.050.B.5., the amount of the payment is currently $72,059.40 based on
APCHA's applicable cash -in -lieu fee for Category 4 units. The payment, which is
calculated as follows, will be made prior to the issuance of a building permit.
$126,420.00/Employee x 0.63 Employees = $79,644.60
The maximum height of the proposed building is thirty-five feet measured to the
top of the highest point of the third floor roof. As the building elevations on the
following pages illustrate, both the second floor and third floor are setback to varying
degrees from the Hopkins Street property line. The building's third floor is also set back
from the alley. The height of the building measured at these points ranges from
approximately twenty-eight to thirty feet. The effect of these setbacks is to reduce the
perceived mass of the building. The use of staggered plate heights within the building
further contributes to a reduction in the building's mass and minimizes the extent to
which it intrudes into the Hotel Jerome view plane. As presently configured, the
proposed building's intrusion into the view plane is limited to a modest three feet three
inches. The HPC has determined that this intrusion has no significant impact and has
exempted the project from mountain view plane review as provided for in Section
26.435.050.B. of the prior Regulations.
23
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SOUTH EXTERIOR ELEVATION 08-15-07
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308 EAST HOPKINS AVENUE
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NORTH EXTERIOR ELEVATION 08-15-07
00p
1 /16" SCALE
LA COCINA REDEVELOPMENT CHARLES CUNNIFFE ARCHITECTS
308 EAST HOPKINS AVENUE
ASPEN, COLORADO�ew
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A utility/trash service area measuring twenty feet by ten feet has been provided
at the rear of the building and abutting the alley. As the ground floor plan illustrates,
this area has been designed to permit the retention of the existing electric transformer or
its replacement with a larger unit in the event required. The proposed service area will
also accommodate the relocation of any existing alley utility pedestals and the proposed
development's trash and recycling facilities. Should a larger transformer be required,
the Applicant will grant a new, appropriately sized easement on the condominium plat
which is to be recorded upon substantial completion of construction.
As noted in the introduction to this application, the HPC approved a reduction in
the proposed development's pedestrian amenity space in connection with commercial
design review. Pursuant to Section 26.575.030.D. of the prior Regulations, the HPC
may reduce the pedestrian amenity requirement by any amount provided that no more
than half the requirement is waived. While HPC Resolution No. 18 does not specify the
amount of the reduction or the resulting pedestrian amenity space requirement, the site
plan provided in this application is consistent with that which received conceptual major
development approval. As the drawing on the following page illustrates, the project's
pedestrian amenity space totals approximately 480 square feet, which represents
approximately eight percent of the project site. As the applicable requirement is twenty-
five percent, a seventeen percent reduction was approved by the HPC. A cash -in -lieu
payment to offset the reduction will be made to the City as provided for in Section
26.570.030.E. of the prior Regulations prior to issuance of a building permit for the
project.
Pursuant to Section 26.515.030 of the prior Regulations, one off-street parking
space per one thousand square feet of net leasable area, or the equivalent payment -in -lieu
thereof, must be provided for new commercial developments located within the "Aspen
29
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308 FAST HOPgNS
ASPEN. COLORADO
FREEZER
STORAGE Gppc
CHARLES CUNNIFFE ARCHITECTS
www.cunniffe.com
610 EAST HYMAN AVE. • A5PEN,CO 816TI • TEIE: 970925-SS90 • FAX: 970920J557
IW 7 Q W. STE 2W . STFAMB l 5r . W l 7 • 7 97047f0 • FAi 970879 w
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Infill Area ". The replacement of existing net leasable square footage, however, is
exempt from this requirement. As a result, no off-street parking is required to
accommodate the proposed development's ground floor restaurant as the development
right for this space is derived from an existing commercial reconstruction credit. No off-
street parking is required for multi -family residential units located within the Infill Area
in a mixed -use building. Notwithstanding these requirements, the Applicant proposes to
provide two on -site parking spaces for the building's two free market residential units
and one space for the three affordable housing units.
The proposed development's basement commercial area will require the provision
of additional on -site parking or a payment -in -lieu of the required parking spaces. As no
additional parking can realistically be provided on -site, the Applicant proposes to satisfy
this requirement via a payment -in -lieu which is permitted by right within the Aspen Infill
Area. Pursuant to Section 26.515.050.B. of the current Regulations, the Applicant will
make a one-time payment in the amount of $87,600.00 in lieu of the additional required
on -site parking prior to issuance of a building permit for the basement commercial space.
The relevant calculations are as follows.
2,921 Sq. Ft. New Net Leasable Area - 1,000 Sq. Ft. = 2.92 Spaces
2.92 Spaces x $30,000.00/Space = $87,600.00
The proposed development complies with the all of the dimensional requirements
of the CC, Commercial Core zone district. The building's height and total floor area are
significantly less than the maximum allowed while its parking exceeds the applicable zone
district requirements. The proposed free market units' floor area is within the maximum
allowed and the floor area of the on -site affordable housing units exceeds that which is
required for mitigation purposes. The project's development data and its compliance
with applicable regulatory requirements is summarized in Table 1 on the following page.
31
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Please note that the development data is based on the regulations in effect at the time the
original land use application was submitted, and that various floor area and net
leasable/net livable area figures have been updated based on the Applicant's preparation
of construction level drawings for the project.
Table 1
Development Data
Lots M and N, Block 80, Aspen Townsite
1.
Existing Zoning
CC, Commercial Core
2.
Existing Net Leasable Commercial
2,745
Area (Sq. Ft.)
3.
Existing Lot Size (Sq. Ft.)'
6,032
4.
Minimum Required Lot Size (Sq. Ft.)
No Requirement
5.
Minimum Required Lot Area/Dwelling
No Requirement
Unit (Sq. Ft.)
6.
Minimum Required Lot Width (Feet)
No Requirement
7.
Minimum Required Setbacks (Feet)
Front Yard
No Requirement
Side Yards
No Requirement
Rear Yard
No Requirement
8.
Maximum Allowable Height (Feet)3
42
9.
Maximum Proposed Height (Feet)
35
10.
Minimum Required Pedestrian Amenity
25
Space (Percent)
11.
Approved Pedestrian Amenity
8
Space (Percent)'
12.
Maximum Allowable Floor Area
18,096
3:1 (sq. Ft.)
Commercial Uses @a 1.5:16
9,048
32
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13
14
15
16
17
Free Market Residential @ 1:1
6,032
Affordable Housing
No Limitation
Proposed Floor Area (Sq. Ft.)
12,116
Commercial Uses'
3,400
Free Market Residential'
6,021
Affordable Housing'
2,695
Proposed Floor Area Ratio
2.01
Proposed Net Leasable Commercial
5,666
Area (Sq. Ft.)
Basement
3,085
Ground Floor
2,581
Minimum Required Parking
Commercial Uses @ 1 Space/1,000
2.92
Sq. Ft. Net Leasable'
Free Market Residential
No Requirement
Affordable Housing
No Requirement
Proposed Parking
Commercial Uses
None
Free Market Residential
2
Affordable Housing
1
Per the Improvement Survey Plat prepared by Tuttle Surveying Services dated
March 20, 2006.
A trash/utility service area is required abutting the alley pursuant to Section
26.575.060.
Maximum allowable height may be increased to 46 feet for areas of a building set
back a minimum of 15 feet from lot lines adjoining a street right-of-way.
Measured to the top of the third floor roof.
Previously approved by the HPC pursuant to Resolution No. 18, Series of 2006.
May be increased to 2:1 if affordable housing equal to 60 percent of the
33
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additional commercial floor area is developed on the same parcel.
Includes a prorata share of the building's non -unit floor area.
8 May be met via a cash -in -lieu payment.
Y PY
As discussed previously, all required utilities are available in the immediate site
area and are either adequate or may be easily upgraded to serve the proposed develop-
ment. All utility extensions will be located underground, and appropriate easements will
be dedicated to the various public utilities as may be required. Site grading will be
limited to the excavation of the project's subgrade basement.
IV. REVIEW REQUIREMENTS
The proposed building's 2,581 square feet of ground floor net leasable
commercial area and 164 square feet of Ithe building's basement commercial area are
exempt from growth management as the development right for this space is derived from
existing reconstruction credits. The conversion of a portion of the proposed develop-
ment's basement to commercial uses has been determined to be a substantial amendment
to a growth management development order which will require a commercial GMQS
allotment. In addition, the Applicant's proposed affordable housing mitigation for the
additional commercial space requires the review and approval of the Planning and Zoning
Commission. Vested property rights status is requested for all approvals granted
pursuant to this application. Each of these review requirements is discussed below.
A. Substantial Amendment of a Development Order
As the proposed amendment involves the creation of new commercial net
' leasable area, Section 26.470.140.B. of the current Regulations requires that the
Applicant receive a commercial GMQS allotment from the Planning and Zoning
' Commission. No other requirements appear to be imposed other than that the GMQS
34
' allotment request be submitted prior to expiration of the proposed development's vested
rights. Pursuant to the development order issued in connection with the project's prior
1 approvals, the proposed development is vested until August 9, 2010.
IB. Growth Management
1. Expansion or New Commercial Development. Pursuant to
Section 26.470.080.1. of the current Regulations, the development of new commercial
net leasable area within a mixed -use building is subject to review and approval by the
' Planning and Zoning Commission based on the requirements of Section 26.470.050. The
applicable requirements, and the proposed development's compliance therewith, are
summarized below.
' a) Sufficient growth management allotments are available to
accommodate the uses pursuant to Section 26.470.030.D., Annual Development
Allotments.
' Pursuant to Section 2 of Ordinance No. 14, Series of 2007, the available
' 2007 commercial GMQS allotment is 19,556 square feet of net leasable area. Sufficient
growth management allotments, therefore, are available to accommodate the proposed
development.
b) The proposed development is consistent with the Aspen Area
Community Plan.
The 2000 Aspen Area Community Plan ("AACP") contains no site
specific recommendations with respect to the project site. The proposed development is
a mixed use commercial/residential project which complies with the applicable
' requirements of the CC, Commercial Core, zone district. The project includes new and
replacement commercial square footage and both free market and affordable housing
units, all of which have been determined to be appropriate uses in the downtown
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commercial core. The project's architectural design has received final major develop-
ment approval from the HPC and all required land use approvals have been granted with
the exception of the commercial GMQS allotment. The proposed development is
consistent with the AACP and with the City's expressed desire to stimulate commercial
redevelopment.
More specifically, the proposed development is consistent with the AACP's
"Managing Growth" section as it falls within the available annual growth management
allotment; is located within the City's Urban Growth Boundary; and fosters a well
balanced community through its mix of on -site commercial, free market residential and
affordable housing uses. With respect to the AACP's "Transportation" section, the
project site lends itself to pedestrian friendly lifestyles and is located in close proximity
to the Roaring Fork Transit Authority's Monarch Street bus routes. In addition, the
project contains three on -site parking spaces despite the fact that none are required.
With respect to the AACP's "Housing" section, the majority of the proposed
development's affordable housing mitigation will be provided on -site. The proposed
units comply with all applicable APCHA requirements and exceed APCHA's minimum
net livable area requirements. By integrating the affordable housing units with the
project's free market residences, the proposed development reinforces and enhances a
healthy social balance in the community. Finally, the proposed development contributes
to the AACP's goal of promoting "Economic Sustainability " by enabling the development
of new commercial space within the City Commercial Core zone district.
c) The development conforms to the requirements and limitations
of the zone district.
The proposed development complies with all applicable requirements of
the CC, Commercial Core, zone district or such requirements have been varied and/or
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waived as permitted pursuant to the Regulations that were in effect at the time the
original land use application was submitted. The requested commercial GMQS allotment
complies with all applicable requirements of the City's current land use regulations.
' d) The proposed development is consistent with the Conceptual
Historic Preservation approval, the conceptual Commercial Design Review approval,
and the Conceptual Planned Unit Development approval, as applicable.
As discussed previously, final HPC approval and commercial design
review approval have been granted to the project. No changes in the exterior design of
the project are required to accommodate the requested commercial GMQS allotment.
e) Sixty (60) percent of the employees generated by the
' additional commercial development, according to Section 26.470.100.A.,
Employee Generation Rates, are mitigated through the provision of affordable
housing. The employee generation plan shall be approved pursuant to Section
' 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.
As discussed the conversion of a portion of the proposed development's
' basement to commercial use will require the provision of additional affordable housing
mitigation in an amount equal to 0.63 employees. As no additional affordable housing
can realistically be provided on -site, the Applicant proposed meet this requirement via
a cash -in -lieu payment to be made prior to issuance of a building permit for the
conversion of the basement space to commercial use. The proposed development,
itherefore, complies with this requirement.
f) The project represents minimal additional demand on public
infrastructure or such additional demand is mitigated through improvements
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.
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All required public infrastructure is available or will otherwise be
upgraded as may be required by the Applicant in connection with the proposed
development. The adequacy of the public infrastructure was addressed in connection
with subdivision review which was approved by the City Council pursuant to Ordinance
No. 27. All conditions of the ordinance pertaining to public infrastructure remain in full
force and effect, and will met in connection the development of the project.
2. Affordable Housing. Pursuant to Section 26.470.070.4. of the
current Regulations, the Planning and Zoning Commission may approve a request for a
an affordable housing cash -in -lieu payment provided that the amount of the payment is
the equivalent of less than one full dwelling unit. The applicable review criteria, and the
proposed development's compliance therewith, are summarized below.
a) The proposed units comply with the Guidelines of the
Aspen/Pitkin County Housing Authority.
The three proposed on -site affordable housing units comply with all
applicable requirements of APCHA's employee housing guidelines and have previously
been reviewed and approved by the APCHA Board. This criteria is not applicable to the
Applicant's proposed cash -in -lieu payment.
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 of Aspen city limits. Units outside the city limits may be
accepted as mitigation by the City Council pursuant to Section 26.470.090.2. If
the mitigation requirement is less than one full unit, a cash -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 is one or more units,
a cash -in -lieu payment shall require City Council approval pursuant to Section
26.470.090.3. Required affordable housing may be provided through a mix of
these methods.
As discussed previously, the Applicant proposes to make a cash -in -lieu
payment equivalent to 0.63 employees which the Community Development Department
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has determined is less than one full unit. The Planning and Zoning Commission,
therefore, may approve the Applicant's proposed affordable housing mitigation based on
a recommendation from APCHA.
c) Each unit provided shall be designed such that the finished
floor level of fifty (50) percent or more of the unit's Net Livable Area is at or
above natural or finished grade whichever is higher.
The proposed development's on -site units comply with this requirement.
This review criteria is not applicable to the Applicant's proposed cash -in -lieu payment.
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's 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 of Aspen 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 non-profit 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 develop-
ment to be rental units associated with the lodge operation and contributing to the
long-term viability of the lodge.
This review criteria is not applicable to the Applicant's proposed cash -in -
lieu payment.
C. Vested Property Rights
In order to preserve the land use approvals which may be obtained as a
result of this application, the Applicant hereby requests vested property rights status
pursuant to the provisions of Section 26.308.010.A. of the Regulations. It is our
understanding that the receipt of all required development approvals from the City
Council and the issuance of a Development Order by the Community Development
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Department is sufficient to confer a vested property right, and that no further actions on
behalf of the Applicant are required.
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APPENDIX A
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1 • • EXHIBIT
CITY OF ASPEN a
PRE -APPLICATION CONFERENCE SUMMARY
PLANNER: Sara Adams DATE: 08.07.07
PROJECT: 308 East Hopkins Street- formerly the La Cocina building
REPRESENTATIVE: Sunny Vann
925-6587
DESCRIPTION: The applicant proposes to convert basement storage space to commercial net leasable
space in a recently approved (July 9, 2007, Ordinance #27, Series 2007) new development
located at 308 East Hopkins Avenue. This request was not included in the recently granted
land use approvals due to the fact that the necessary growth management allotments were
unavailable at the time.
Pursuant to Section 26.470.140.B, the request to convert the basement to net leasable
commercial space qualifies as a Substantial Amendment to a Development Order. The
amendment will analyze the project as a whole; however the previous approvals and
allotments granted remain valid and will be applied to the amended application. Increasing
net leasable space triggers growth management review, which will occur at the Planning and
Zoning Commission, pursuant to Section 26.470.080.1. The next submittal date for Major
Planning and Zoning applications is August, 15, 2007.
The applicant must mitigate for the employees generated by the increase in net leasable
commercial space. The project received a Development Order that exceeds the number of
employees generated by the Free Market Residential Units by 0.25. Because this
application is a Substantial Amendment to a Development Order, and will analyze the entire
project, the applicant shall apply Section 26.470.100.A.6 "On Site Housing Serves Multiple
Affordable Housing Requirements" to calculate the amount of affordable housing required for
the basement storage to commercial conversion. This provision authorizes the project to
concurrently calculate both residential and commercial affordable housing requirements. If
the applicant plans to mitigate for affordable housing offsite or through cash in lieu, then the
amount of affordable housing onsite is a concurrent calculation and the remainder (after
deducting the concurrent calculation onsite from each residential and commercial
requirement) proposed for offsite or cash in lieu is a cumulative calculation.
The Planning and Zoning Commission is the final review authority for growth management
allotments, onsite affordable housing and offsite affordable housing within City limits. City
Council is the final review authority, based on a recommendation from Planning and Zoning
Commission, for cash in lieu or off -site affordable housing mitigation outside of City limits, as
per Section 26,470,090.2 and 3.
Relevant Land Use Code Section(s): 26.304 Standard application requirements
26.470.080.1 Major P&Z Application: Expansion or New Commercial
Development
26.470.070.4 Offsite Affordable Housing Review within City limits
26.470.090.2 and 3 Cash in lieu and Off -site Housing Review outside of City
limits
26.470.100.A.6 On Site Housing Serves Multiple Affordable Housing
Requirements
26.470.110 Growth Management Review Procedures
26.470.140.E Substantial Amendment to a Development Order
Review by: Staff for completeness, P&Z for growth management allotments, affordable housing review for offsite
approval within City limits, and City Council for cash in lieu or offsite approval for affordable housing outside
of City limits.
Public Hearing: Yes at P&Z and Second Reading for iCouncil. g g o C ty For all public hearings, the Community
Development Department is responsible for publishing the legal notice in the newspaper. The
Applicant is responsible for posting the property and for the mailing of legal notices, at least 15
days prior to the hearing, to property owners within 300 feet of the subject property. The GIS
department can provide this list on mailing labels for a fee. The applicants are responsible for filing
an affidavit of mailing and posting with the Community Development Department prior to the public
hearing. (Applicants -make a copy of your mailing labels before using to submit with your affidavit.)
Referral Agencies: None.
Planning Fees: $1,410 for 6 hours of Staff time (additional staff time required is billed at $235 per hour)
Referral Agency Fees: None.
Total Deposit: $ 1,410.
To apply, submit the following information:
❑ Proof of ownership with payment.
❑ Signed fee agreement.
❑ Applicant's name, address and telephone number in a letter signed by the applicant which states the name,
address and telephone number of the representative authorized to act on behalf of the applicant.
❑ Street address and legal description of the parcel on which development is proposed to occur, consisting of a
current certificate from a title insurance company, 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.
❑ Total deposit for review of the application.
❑ 8 Copies of the complete application packet and maps.
❑ An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen.
❑ Site improvement survey including topography and vegetation showing the current status, including all easements
and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado.
(This requirement, or any part thereof, may be waived by the Community Development Department if the project is
determined not to warrant a survey document.)
❑ A written description of the proposal and an explanation in written, graphic, or model form of how the proposed
development complies with the review standards relevant to the development application. Please include existing
conditions as well as proposed. List of adjacent property owners within 300' for public hearing
❑ Copies of prior approvals.
❑ Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of
the following digital formats. Compact Disk (CD) -preferred, Zip Disk or Floppy Disk. Microsoft Word format is
preferred. Text format easily convertible to Word is acceptable.
❑ Applicants are advised that building plans will be required to meet the International Building Code as adopted by
the City of Aspen, the Federal Fair Housing Act, and CRS 9.5.112. Please make sure that your application
submittal addresses these building -related and accessibility regulations. You may contact the Building Department
at 920-5090 for additional information.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning,
which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary
does not create a legal or vested right.
EXHIBIT
I ifllll 11111 illlll IIIIII III I Illlll Illll llll ltll � z
452717 83/26/2WI 02:38P REMUTI DAMS SILVI
1 of 2 R 10.08 D 0.N N 0.0e PITKIN COUNTY CO
RESOLUTION NO. _6--�
SERIES OF 2001
RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION TO
REMOVE THE LA CACINA RESTAURANT, LOCATED AT 308 EAST HOPKINS
AVENUE, LOTS M AND N, BLOCK 80, CITY AND TOWNSITE OF ASPEN,
FROM THE INVENTORY OF HISTORIC SITES AND STRUCTURES
Parcel ID: 2737-073-29-007
WHEREAS, the Community Development Department has conducted an
evaluation of the City of Aspen "Inventory of Historic Sites and Structures" to identify
any properties which should be removed from the inventory due to loss of integrity, to
nominate any sites which should be added to the inventory, and to rate the resources using
the terms "significant," "contributing," and "supporting;" and
' WHEREAS, the Community Development Department has forwarded a
recommendation to the Historic Preservation Commission; and
WHEREAS, Section 26.420.080 of the Land Use Code provides guidance on
evaluation of the inventory. According to that passage, the Inventory shall include all
structures in the City of Aspen which are at least fifty (50) years old and which continue
to have historic value, and such other structures identified by the Historic Preservation
Commission as being outstanding examples of more modem architecture; and
WHEREAS, Section 26.420.080 of the Land Use Code also requires that all
structures on the inventory be evaluated by the Historic Preservation Commission regarding
their current architectural integrity, historic significance, and community and neighborhood
influence and be categorized as "significant," "contributing," or "supporting;" and
WHEREAS, Staff provided the Historic Preservation Commission with the
Community Development Department's recommendations regarding 308 East Hopkins
Avenue, a property currently listed on the inventory; and
WHEREAS, at a regular meeting on February 14'h, 2001, the Historic
Preservation Commission considered the staff recommendation, and approved this
resolution by a vote of four to two, (4 to 2) to remove 308 East Hopkins Avenue from
Aspen's Inventory of Sites and Structures finding that the structure does not meet the
review criteria pursuant to Section 26.420.080.
NOW, THEREFORE, BE IT RESOLVED:
That the HPC finds that the standards and review criteria established in Section 26.420.080
of the Land Use Code are not met and that 308 East Hopkins Avenue, Lots M and N, Block
80, City and Townsite of Aspen, shall be removed from the "inventory of Historic Sites and
Structures.
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APPROVED BY THE COMMISSION at its regular meeting on the 14th day of
February, 2001.
Approved as to Form:
Davi Hoefer, Assistant Citf Attorney
Approved as to Content:
HISTORIC PRESERVATION COMMISSION
Acting Vice -Ch
air
ATTEST:
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a-'4�4
Kathy Stric and, Chief Deputy
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452717 03/25/2001 02:38P RESOLUTI DAVIS SILVI
2 of 2 R 10.00 D 0.00 N 0.00 PITKIN COUNTY CC
Ah
-- EXHIBIT
IlillIII
526959 9
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200
JANICE K VOS CAUDILL PITKIN COUNTY CO R 16.00 D 0.00 1.191
RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
APPROVING AN APPLICATION FOR MAJOR DEVELOPMENT (CONCEPTUAL),
VIEWPLANE REVIEW, PEDESTRIAN AMENITY SPACE, DEMOLITION AND
COMMERICAL DESIGN REVIEW FOR THE PROPERTY LOCATED AT 308 EAST
HOPKINS AVENUE, LOTS M, AND N, BLOCK 80, CITY AND TOWNSITE OF ASPEN,
COLORADO.
RESOLUTION NO. 18, SERIES OF 2006
PARCEL ID: 2737-073-29-007.
WHEREAS, the applicant, JW Venture LLC, represented b S
P y canny Vann and Charles Cunniffe
Architects has requested Major Development (Conceptual), Demolition, and Commercial Design
Review for the property located at 308 E. Hopkins Avenue, Lots M and N, Block 80, City and
Townsite of Aspen, Colorado; and
WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure
shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a
designated historic property or district until plans or sufficient information have been submitted
to the Community Development Director and approved in accordance with the procedures
established for their review;" and
WHEREAS, for Conceptual Major Development Review, the HPC must review the application,
a staff analysis report and the evidence presented at a hearing to determine the project's
conformance with the City of Aspen Historic Preservation Design Guidelines per Section
26.415.070.D.3.b.2 and 3 of the Municipal Code and other applicable Code Sections. The HPC
may approve, disapprove, approve with conditions or continue the application to obtain
additional information necessary to make a decision to approve or deny; and
WHEREAS, for View Plane Exemption the HPC must review
P the application, a staff analysis
report and the evidence presented at a hearing to determine the project's conformance with
Municipal Code Section 26.435.050, Mountain View Plane Review. The HPC may approve,
disapprove, approve with conditions or continue the application to obtain additional information
necessary to make a decision to approve or deny; and
WHEREAS, in order to authorize a demolition, according to Section 26.415.080, Demolition of
designated historic properties, it must be demonstrated that the application meets any one of the
following criteria:
a. The property has been determined by the city to be an imminent hazard to public
safety and the owner/applicant is unable to make the needed repairs in a timely
manner,
b. The structure is not structurally sound despite evidence of the owner's efforts to
properly maintain the structure,
C. The structure cannot practically be moved to another appropriate location in
Aspen, or
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JANICE K VOS CAMILL PITKIN COUNTY CO R 16.00 D 0.00
d. No documentation exists to support or demonstrate that the property has historic,
architectural, archaeological, engineering or cultural significance, and
Additionally, for approval to demolish, all of the following criteria must be met:
a. The structure does not contribute to the significance of the parcel or historic
district in which it is located, and
b. The loss of the building, structure or object would not adversely affect the
integrity of the historic district or its historic, architectural or aesthetic relationship
to adjacent designated properties and
C. Demolition of the structure will be inconsequential to the historic preservation
needs of the area; and
WHEREAS, for approval of Commercial Design Review, HPC must review the application, a
staff analysis report and the evidence presented at a hearing to determine, per Section 26.412 of
the Municipal Code, that the project conforms with the following criteria:
1. The proposed development meets the requirements of Section 26.412.060, Commercial
Design Standards or any deviation from the Standards provides a more -appealing pattern
of development considering the context in which the development is proposed and the
purpose of the particular standard. Unique site constraints can justify a deviation from
the Standards. Compliance with Section 26.412.070, Suggested Design Elements, is not
required but may be used to justify a deviation from the Standards.
2. For proposed development converting an existing structure to commercial use, the
proposed development meets the requirements of Section 26.412.060, Commercial
Design Standards, to the greatest extent practical. Amendments to the fagade of the
building may be required to comply with this section.
3. For properties listed on the Inventory of Historic Sites and Structures or located within a
Historic District, the proposed development has received Conceptual Development Plan
approval from the Historic Preservation Commission, pursuant to Chapter 26.415. This
criterion shall not apply if the development activity does not require review by the
Historic Preservation Commission; and
WHEREAS, Sara Adams, in her staff report dated July 12, 2006, performed an analysis of the
application based on the standards, found that the review standards and the "City of Aspen
Historic Preservation Design Guidelines have been met, and recommended approval; and
WHEREAS, at their regular meeting on July 12, 2006, the Historic Preservation Commission
considered the application, found the application was consistent with the review standards and
"City of Aspen Historic Preservation Design Guidelines" and approved the application by a vote
of 4 to 1.
NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby recommends approval for Major Development (Conceptual), View Plane
1 Review, Pedestrian Amenity Space, Demolition, and Commercial Design Review for the
property located at 308 East Hopkins Avenue, Lot M & N, Block 80, City and Townsite of
Aspen, Colorado, as propc--ed with the following conditions;
l . A development application for a Final Development Plan shall be submitted within one
(1) year of the date of approval of a Conceptual Development Plan. Failure to file such an
application within this time period shall render null and void the approval of the
Conceptual Development Plan. The Historic Preservation Commission may, at its sole
discretion and for good cause shown, grant a one-time extension of the expiration date for
a Conceptual Development Plan approval for up to six (6) months provided a written
request for extension is received no less than thirty (30) days prior to the expiration date.
IAPPROVED BY THE COMMISSION at its regular meeting on the 12th day of July 2006.
Approve to Form:
) _j_L
David Hoefer, Assistant CWy Attorney
Approved as to content:
TORIC PRE7ATION COMMISSION
1 Jeffrey alf , Chair
ATTEST: \ \
Kathy Stri and, Chief Deputy Clerk
526959
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JANICE K VOS CAUDILL PITKIN COUNTY CO R 16.00 D 0.0011.191
E,
1
• • EXHIBIT
s
1 A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISS
APPROVING WITH CONDITIONS TWO GROWTH MANAGEMENT
REVIEWS, AND RECOMMENDING CITY COUNCIL APPROVE WITH
CONDITIONS SUBDIVISION FOR 308 E. HOPKINS AVENUE, LOTS M AND N,
BLOCK 80, CITY AND TOWNSITE OF ASPEN, CO, PITKIN COUNTY,
COLORADO
PARCEL NO.2737-073-29-007.
RESOLUTION NO. 18 SERIES OF 2007
WHEREAS, the Community Development Department received an application from J.
W. Venture, LLC represented by Vann Associates, LLC, requesting approval of two (2)
Growth Management Reviews and Subdivision Review to construct a mixed -use building
consisting of 2,745 square feet of commercial space, 2 free-market residential units and 3
affordable housing units; and,
WHEREAS, the Applicant received Commercial Design Review Approval from
the Historic Preservation Commission on July 12, 2006; and,
WHEREAS, the Applicant received Viewplane Review Approval for a 3 foot 3
inch intrusion into the Hotel Jerome Viewplane from the Historic Preservation
Commission on July 12, 2006; and,
WHEREAS, the subject property is zoned CC (Commercial Core); and,
WHEREAS, upon review of the application, and the applicable code standards,
the Community Development Department recommended approval with conditions, of the
proposed subdivision and associated land use requests; and,
WHEREAS, during a duly noticed public hearing on April 17, 2007, the Planning
and Zoning Commission approved Resolution No.18, Series of 2007, by a five to one (5 -1)
vote, approving two Growth Management Reviews for the development of a mixed -use
building that includes commercial space, free market and affordable housing,
recommending that City Council approve with conditions the proposed subdivision to
construct a mixed -use building consisting of two (2) free-market residential unit and
square feet of commercial Rpar-c on the property at 308 E. Hopkins Ave,
Lots M and N, Block 80, City and Townsite of Aspen, CO; and,
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WHEREAS, the Aspen Planning and Zoning Commission has reviewed and
considered the development proposal under the applicable provisions of the Municipal Code
as identified herein; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that the
development proposal meets or exceeds all applicable development standards and that the
approval of the development proposal, with conditions, is consistent with the goals and
elements of the Aspen Area Community Plan; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that this resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
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NOW, THEREFORE, BE IT RESOLVED BY THE. CITY OF ASPEN PLANNING
AND ZONING COMMISSION AS FOLLOWS:
Section 1
Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen
Municipal Code, the Planning and Zoning Commission hereby approves with conditions a
Growth Management Review for the development of a mixed -use building; a Growth
Management Review for the development of free-market housing; a Growth Management
Review for the development of affordable housing for the property located at Lots M and
N, Block 80, City and Townsite of Aspen, CO. The use mix and dimensional
requirements shall comply with the CC zone district, as included in the chart below.
Specific square footage requirements may be amended, pursuant to compliance with the
CC zone district.
Minimum Lot
6,032 sq. ft.
No requirement
Size
Minimum Lot
60 Feet
No requirement
Width
Minimum Lot
N/A
No requirement
Area/Dwelling
Minimum
0 Feet
No requirement
Front Yard
Setback
Minimum Side
0 Feet
No requirement
Yard Setback
Minimum Rear
0 Feet
No requirement except trash/utility service area
Yard Setback
shall be required abutting an alley, pursuant to
Section 26.575.060
Maximum
Building: 35 Feet along Hopkins
42 feet for all areas of the property.
Height
Ave, measured to the top of the
third floor
46 feet for areas setback 15 or more feet from
lot lines adioininiz a Street right-of-way.
Minimum N/A No requirement
Distance
between
Buildings on
Lot
Pedestrian Providing 8% onsite and cash -in- Pursuant to Section 26.575.030, Pedestrian
Amenity Space lieu_ fee for 17% _ $51,272 Amenity
Section 2: Plat and Agreement
Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen
Municipal Code, the Planning and Zoning Commission hereby recommends that City
Council grant subdivision approval and that, should City Council grant subdivision
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approval, the Applicant shall record a subdivision plat and agreement that meets the
requirements of Land Use Code Section 26.480, Subdivision, within 180 days of such
approval. If Subdivision approval is granted by City Council, the final Condominium Plat
may be approved and signed by the Community Development Director upon substantial
completion of construction.
Section 3: Buildinp- Permit Application
The building permit application shall include the following:
a. A copy of the final Ordinance and P&Z Resolution.
b. The conditions of approval printed on the cover page of the building permit set.
c. A fugitive dust control plan to be reviewed and approved by the City Engineering
Department.
d. Improvements to the right of way shall include new grass, irrigation, and possibly
the replacement of street trees, and shall be approved prior to building permit
submittal.
e. An excavation -stabilization plan, construction management plan (CMP), and
drainage and spoils report pursuant to the Building Department's requirements.
The CMP shall include an identification of construction hauling routes,
construction phasing, and a construction traffic and parking plan for review and
approval by the City Engineer and Streets Department Superintendent. The
construction management plan shall also identify that the adjacent sidewalks will
be kept open and maintained throughout construction. Staging areas will be
identified in the plan, and shall indicate that the alley shall not be closed during
construction. No stabilization will be permitted in the City right of way. Storm
run off must be addressed.
f. A complete geotechnical report and geotechnical design need to be part of the
permit submittal plan.
g. Accessibility and ADA requirements shall meet adopted Building Code
requirements.
h. An approved Landscape Plan.
Section 4: Dimensional Requirements
The building as presented in the plans contained within the application complies with the
dimensional requirements of the Commercial Core (CC) zone district. Compliance with
these requirements will be verified by the City of Aspen Zoning Officer at the time of
building permit submittal.
Section 5: Trash/Utility Service Area
The trash containers shall be wildlife proof and meet the Certificate of Appropriateness
regulations pertaining to size and security.
Section 6: Sidewalks, Curb, and Gutter
The sidewalks shall be upgraded to meet the City Engineer's standards and ADA
requirements, and prior to issuance of a Building Permit, the applicant shall provide plans
that meet the approval of the City Engineer. Such improvements shall be made prior to a
Certificate of Occupancy on any of the units within the development.
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Section 7: Affordable Housing
The affordable housing units shall be deed restricted as Category 4 rentals with the
capability of converting into ownership units if the owners would request this change or
APCHA deems the units out of compliance for a period of more than one year. If the
units become "for sale" due to the aforementioned conditions, they will be listed with the
Housing Office at Category 4 maximum sales prices.
Section 8: Water Department Requirements
The Applicant shall comply with the City of Aspen Water System Standards, with Title
25, and with the applicable standards of Title 8 (Water conservation and Plumbing
Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water
Department. Each of the units within the building shall have individual water meters.
Section 9: Sanitation District Requirements
a. Service is contingent upon compliance with the Aspen Consolidated Sanitation
District's (ACSD) rules, regulations, and specifications, which are on file at the
District office. ACSD will review the approved Drainage plans to assure that clear
water connections (roof, foundation, perimeter, patio drains) are not connected to the
sanitary sewer system.
b. On -site utility plans require approval by ACSD.
c. Oil and Grease interceptors (NOT traps) are required for all food processing
establishment; Locations of food processing shall be identified prior to building
permit; even though the commercial space will be tenant -finished, interceptors will be
required at this time if food processing establishments are anticipated for this project.
d. Oil and Sand separators are required for parking garages and vehicle maintenance
establishments. Driveway entrance drains must drain to drywells. Elevator shaft
drains must flow through oil and sand interceptors.
e. Old service lines must be excavated and abandoned at the main sanitary sewer line
according to specific ACSD requirements. Below grade development may require
installation of a pumping system. One tap is allowed for each building. Shared
service line agreements may be required where more than one unit is served by a
single service line. Permanent improvements are prohibited in sewer easements or
right of ways.
f. Landscaping plans will require approval by ACSD where soft and hard landscaping
may impact public ROW or easements to be dedicated to the district.
g. All ACSD fees must be paid prior to the issuance of a building permit.
h. The glycol heating and snow melt system must be designed to prohibit and discharge
of glycol to any portion of the public and private sanitary sewer system. The glycol
storage areas must have approved containment facilities.
1 i. Soil Nails are not allowed in the public ROW above ASCD main sewer lines.
j. Applicant's civil engineer will be required to submit existing and proposed flow
calculations.
Section 10: Exterior Lighting
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All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code
pursuant to Land Use Code Section 26.575.150, Outdoor Lighting.
Section 11: Landscaping
a. Specific excavation techniques will be required for the excavation along the back of
the property. Vertical excavation will be required and over -digging is prohibited in
this zone. This note must be represented on the building permit set. Utility
connection will need to be designed and shown on the plan in a manner that does not
encroach into the tree protection zones.
b. Prior to any the issuance of any demolition or building permits, tree removal will be
approved by the Parks Department. Mitigation for removals will be paid through
cash -in -lieu or on site with street trees.
c. A formal plan indicating the location of the tree protection will be required for the
building permit set.
d. Root trenching will be required around all trees with excavation next to and/or under
the drip line. This can be accomplished by a contracted professional tree service
company or trained member of the contractor's team. This is specific to the trees
located on adjacent properties.
Section 12: Park Development and TDM/Air Quality Impact Fee
Pursuant to Land Use Code Section 26.610, Impact Fees, the Applicant shall pay a park
development impact fee and a TDM/Air Quality impact fee prior to building permit
issuance. The fee shall be calculated according to the fee schedule in Land Use Code
Section 26.610.09 0, Fee Schedule.
Section 13: Pedestrian Amenity Cash -in -Lieu Fee
Pursuant to Land Use Code Section 26.575.030, Pedestrian Amenity, the Applicant shall
pay a cash -in -lieu fee for pedestrian amenity in the amount equal to seventeen (17%)
percent of the lot area, as the applicant is providing eight percent (8%) on site, prior to
building permit issuance. The fee is assessed based on the following calculation:
Lot area = 6,032 square feet
17% of Lot Area = 1,025.44 square feet
0 Payment = $50 x 1025.44 square feet
Pedestrian Amenity Cash -in -Lieu = $51,272,
Section 14: School Lands Dedication Fee
Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall
pay a fee -in -lieu of land dedication prior to building permit issuance. The City of Aspen
Community Development Department shall calculate the amount due using the
calculation methodology and fee schedule in affect at the time of building permit
submittal. The Applicant shall provide the market value of the land including site
Iimprovements, but excluding the value of structures on the site.
Section 15: Reconstruction Credits Deadline Extension
The one (1) year deadline for the reconstruction of existing commercial net leasable
credits, pursuant to Land Use Code Section 26.470.070.A, is hereby extended to two (2)
years to accommodate the projects' additional approval requirements.
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Section 16:
All material representations and commitments made by the Applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission or City Council, are
hereby incorporated in such plan development approvals and the same shall be complied
with as if fully set forth herein, unless amended by an authorized entity.
Section 17:
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 18:
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 17t'
day of April, 2007.
APPROVED AS TO FORM:
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Jim True, City Attorney
ATTEST:
ckie Lothian, Deputy City Clerk
PLANNING AND ZONING
COMMISSION:
Ruth Kru24r, Chair
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. � EXHIBIT
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1 RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION
APPROVING AN APPLICATION FOR MAJOR DEVELOPMENT (FINAL) FOR THE
PROPERTY LOCATED AT 308 EAST HOPKINS AVENUE, LOTS M, AND N, BLOCK
80, CITY AND TOWNSITE OF ASPEN, COLORADO.
IRESOLUTION NO.19, SERIES OF 2007
PARCEL ID: 2737-073-29-007.
WHEREAS, PPP EREAS the applicant, JW Venture LLC, represented by Sunny Vann and Charles Cunniffe
Architects has requested Major Development (Conceptual), Demolition, and Commercial Design
Review for the property located at 308 E. Hopkins Avenue, Lots M and N, Block 80, City and
Townsite of Aspen, Colorado; and
WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure
shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a
designated historic property or district until plans or sufficient information have been submitted
to the Community Development Director and approved in accordance with the procedures
established for their review;" and
WHEREAS, for Final Major Development Review, the HPC must review the application, a staff
analysis report and the evidence presented at a hearing to determine the project's conformance
with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.D.4.of
the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove,
approve with conditions or continue the application to obtain additional information necessary to
rmake a decision to approve or deny; and
WHEREAS, Sara Adams, in her staff report dated April 25, 2007, performed an analysis of the
application based on the standards, found that the review standards and the "City of Aspen
Historic Preservation Design Guidelines have been met, and recommended approval; and
WHEREAS, at their regular meeting on May 9, 2007, the Historic Preservation Commission
considered the application, found the application was consistent with the review standards and
"City of Aspen Historic Preservation Design Guidelines" and approved the application by a vote
of4to0.
NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby recommends approval for Major Development (Final) for the property located
at 308 East Hopkins Avenue, Lot M & N, Block 80, City and Townsite of Aspen, Colorado, as
proposed with the following conditions;
1. The applicant will restudy the material and style of the second floor balcony/railing on the
South Elevation, for review and approval by Staff and monitor.
2. The first floor fence enclosing the outdoor seating will be approved by Staff and monitor.
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' 3. Approval for the fixed glass windows along the west elevation is contingent on an
approval by the Building Department. Staff and monitor will review and approve any
changes to the approved plans.
4. Information on all venting locations and meter locations not described in the approved
drawings shall be provided for review and approval by staff and monitor when the
I information is available.
5. There shall be no deviations from the exterior elevations as approved without first being
reviewed and approved by HPC staff and monitor, or the full board.
6. The development approvals granted herein shall constitute a site -specific development plan
vested for a period of three (3) years from the date of issuance of a development order.
However, any failure to abide by any of the terms and conditions attendant to this
approval shall result in the forfeiture of said vested property rights. Unless otherwise
exempted or extended, failure to properly record all plats and agreements required to be
recorded, as specified herein, within 180 days of the effective date of the development
order shall also result in the forfeiture of said vested property rights and shall render the
development order void within the meaning of Section 26.104.050 (Void permits).
Zoning that is not part of the approved site -specific development plan shall not result in
the creation of a vested property right.
No later than fourteen (14) days following final approval of all requisite reviews necessary
to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be
published in a newspaper of general circulation within the jurisdictional boundaries of the
City of Aspen, a notice advising the general public of the approval of a site specific
development plan and creation of a vested property right pursuant to this Title. Such notice
shall be substantially in the following form:
Notice is hereby given to the general public of the approval of a site specific development
plan, and the creation of a vested property right, valid for a period of three (3) years,
pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado
Revised Statutes, pertaining to the following described property: 308 East Hopkins
Avenue.
Nothing in this approval shall exempt the development order from subsequent reviews
and approvals required by this approval of the general rules, regulations and ordinances or
the City of Aspen provided that such reviews and approvals are not inconsistent with this
approval.
The approval granted hereby shall be subject to all rights of referendum and judicial
review; the period of time permitted by law for the exercise of such rights shall not begin
to run until the date of publication of the notice of final development approval as required
under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the
Colorado Constitution and the Aspen Home Rule Charter.
[signatures on following page]
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1 APPROVED BY THE COMMISSION at its regular meeting on the 9th day of May 2007.
Approved as to Form:
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m True, City Attorney
Approved as to content:
' HISTORIC PRESERVATION COMMISSION
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Jeff y a ferry, Chair
' ATTES
Kathy Strieldand, Chief Deputy Cler>
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• EXHIBIT
ORDINANCE NO. 27
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I(SERIES OF 2007)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING
WITH CONDITIONS, SUBDIVISION AND CONDOMINIUMIZATION FOR, 308
E. HOPKINS AVENUE, LOTS M AND N, BLOCK 80, CITY AND TOWNSITE
OF ASPEN, CO, PITKIN COUNTY, COLORADO
1 PARCEL NO.2737-073-29-007.
rWHEREAS, the Community Development Department received an application
from J. W. Venture, LLC represented by Vann Associates, LLC, requesting approval of
Subdivision and Condominiumization to construct a mixed -use building consisting of
2,745 square feet of commercial space, 2 free-market residential units and 3 affordable
housing units; and,
WHEREAS, the subject property is zoned CC (Commercial Core); and,
WHEREAS, upon review of the application, and the applicable code standards,
' the Community Development Department recommended approval, with conditions, of the
proposed subdivision and associated land use requests; and,
WHEREAS, during a duly noticed public hearing on July 12, 2006, the Historic
Preservation Commission approved Resolution No. 18, Series of 2006, by a four to one
vote (4 — 1), approving Commercial Design Review, Demolition, Viewplane Exemption,
Pedestrian Amenity Space, and Conceptual development within a Historic District; and,
WHEREAS, the Historic Preservation Commission found that the 3 foot 3 inch
intrusion into the Hotel Jerome Viewplane was insignificant and granted exemption; and,
WHEREAS, during a duly noticed public hearing on April 25, 2007, the Historic
Preservation Commission approved with conditions Resolution No. 19, Series of 2007,
by a vote of four to zero (4 — 0), approving Final development within a Historic District;
' and,
WHEREAS, during a duly noticed public hearing on April 17, 2007, the Planning
and Zoning Commission approved Resolution No.18, Series of 2007, by a five to one (5 -1)
vote, approving two Growth Management Reviews for the development of a mixed -use
building that includes commercial space, free market and affordable housing,
recommending that City Council approve with conditions the proposed subdivision to
construct a mixed -use building consisting of two (2) free-market residential unit and
2,745 square feet of commercial space; and,
WHEREAS, on July 9, 2007, the Aspen City Council approved Ordinance No. 27,
Series 2007, on Second Reading by a four to zero (4 - 0) vote, approving with conditions the
Subdivision and Condominiumization of 308 E. Hopkins Ave, Lots M and N, Block 80,
rCity and Townsite of Aspen, CO; and,
WHEREAS, during the July 9, 2007 public hearing, the Aspen City Council
' added a condition of approval to Ordinance No. 27 Series of 2007 stating that the three
affordable housing units are deed restricted Category 3 rental units to be used for the
' Ordinance No. 27 RECEPTION#: 540761, 08/08/2007 at
Series 2007 11:41:32 AM,
Page 1 1 OF 11, R $56.00 Doc Code ORDINANCE
Janice K. Vos Caudill, Pitkin County, CO
e. An excavation -stabilization plan, construction management plan (CMP), and
drainage and spoils report pursuant to the Building Department's requirements.
The CMP shall include an identification of construction hauling routes,
construction phasing, and a construction traffic and parking plan for review and
approval by the City Engineer and Streets Department Superintendent. The
construction management plan shall also identify that the adjacent sidewalks will
be kept open and maintained throughout construction. Staging areas will be
identified in the plan, and shall indicate that the alley shall not be closed during
construction. No stabilization will be permitted in the City right of way. Storm
run off must be addressed.
f. A complete geotechnical report and geotechnical design need to be part of the
permit submittal plan.
g. Accessibility and ADA requirements shall meet adopted Building Code
requirements.
h. An approved Landscape Plan in the Right of Way for review by Parks and HPC.
Section 4: Dimensional Requirements
The building as presented complies with the dimensional requirements of the
Commercial Core (CC) zone district. Compliance with these requirements will be
verified by the City of Aspen Zoning Officer at the time of building permit submittal.
The subgrade storage areas shall remain uninhabitable and unimproved storage facilities.
If these areas are remodeled in the future, the applicant shall go through the appropriate
land use reviews in place at the time of application.
Section 5: Affordable Housing
The affordable housing units shall be deed restricted as Category 3 rentals with the
capability of converting into ownership units if the owners would request this change or
APCHA deems the units out of compliance for a period of more than one year.
Employees of the commercial space located at 308 East Hopkins Avenue will have the
right of first refusal before the affordable housing units are rented to non -employees. If
the units become "for sale" due to the aforementioned conditions, they will be listed with
the Housing Office at Category 3 maximum sales prices.
Section 6: Trash/Utility Service Area
The trash containers shall be wildlife proof and meet the Certificate of Appropriateness
regulations pertaining to size and security.
' Section 7: Sidewalks Curb and Gutter
The sidewalks shall be upgraded to meet the City Engineer's standards and ADA
requirements. Prior to issuance of a Building Permit, the applicant shall provide
sidewalk, curb and gutter plans that meet the approval of the City Engineer. Such
improvements shall be made prior to issuance of a Certificate of Occupancy on any of the
units within the development.
' Section 8: Water Department Requirements
The Applicant shall comply with the City of Aspen Water System Standards, with Title
25, and with the applicable standards of Title 8 (Water conservation and Plumbing
1 Ordinance No. 27
Series 2007
Page 3
b. Root trenching will be required around all trees with excavation next to and/or under
the drip line. This can be accomplished by a contracted professional tree service
company or trained member of the contractor's team. This is specific to the trees
located on adjacent properties.
' c. Planting in the Public Right -Of —Way (ROW) will be subject to Landscaping in the
ROW requirements. Improvements to the ROW should include new grass, irrigation
and the applicant shall work with the Parks Department in order to design an
appropriate trench box for the new tree plantings. Plans for the tree plantings should
be completed and conceptually approved prior to building permit submittal.
Section 12: Park Development Impact Fee
Pursuant to Land Use Code Section 26.610, Impact Fees, the Applicant shall pay a park
development impact fee prior to building permit issuance. The fee shall be calculated
according to the fee schedule in Land Use Code Section 26.610.09 0, Fee Schedule.
Section 13: Pedestrian Amenity Cash -in -Lieu Fee
Pursuant to Land Use Code Section 26.575.030, Pedestrian Amenity, the Applicant shall
pay a cash -in -lieu fee for pedestrian amenity in the amount equal to seventeen (17%)
percent of the lot area, as the applicant is providing eight percent (8%) on site, prior to
building permit issuance. The fee is assessed based on the following calculation:
Lot area = 6,032 square feet
17% of Lot Area = 1,025.44 square feet
Payment = $50 x 1025.44 square feet
Pedestrian Amenity Cash -in -Lieu = $51,272,
Section 14: School Lands Dedication Fee
Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall
pay a fee -in -lieu of land dedication prior to building permit issuance. The City of Aspen
Community Development Department shall calculate the amount due using the
calculation methodology and fee schedule in affect at the time of building permit
submittal. The Applicant shall provide the market value of the land including site
improvements, but excluding the value of structures on the site.
Section 15: Reconstruction Credits Deadline Extension
The one (1) year deadline for the reconstruction of existing commercial net leasable
credits, pursuant to Land Use Code Section 26.470.070.A, is hereby extended to two (2)
years to accommodate the projects' additional approval requirements.
Section 16: Vested Rights
The development approvals granted pursuant to Historic Preservation Commission
Resolution Number 18, Series of 2006, and Resolution Number 19, Series of 2007; and
Planning and Zoning Commission Resolution Number 18, Series of 2007 and herein shall
be vested for a period of three (3) years from the date of issuance of the development
order.
No later than fourteen (14) days following the final approval of all requisite reviews
necessary to obtain a development order as set forth in this ordinance, the City Clerk shall
cause to be published in a newspaper of general circulation within the jurisdictional
Ordinance No. 27
Series 2007
Page 5
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ATTEST:
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ichael C. Irela , Mayor
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Kathryn S. Koc (, Ciity Clerk
FINALLY, adopted, passed and approved this 9th day of July, 2007.
ATTEST:
Kathryn S. Ko ,City Clerk
APPROVED AS TO FORM:
orcester, City Attorney
Ordinance No. 27
Series 2007
Page 7
or ow &404d�
Michael C. freland, M yor
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• • EXHIBIT
7
DEVELOPMENT ORDER
of the '
City of Aspen
Community Development Department
This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070,
"Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen
Municipal Code. This Order allows development of a site specific development plan pursuant to
the provisions of the land use approvals, described herein. The effective date of this Order shall
also be the initiation date of a three-year vested property right. The vested property right shall
expire on the day after the third anniversary of the effective date of this Order, unless a building
permit is approved pursuant to Section 26.304.075, or unless an exemption; extension,
reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After
Expiration of vested property rights, this Order shall remain in full force and effect, excluding
any growth management allotments granted pursuant to Section 26.470, but shall be subject to
any amendments to the Land Use Code adopted since the effective date of this Order.
This Development Order is associated with the property noted below for the site specific
development plan as described below.
J. W. Venture, LLC, P.O. Box 8769. Aspen. CO 81611 970/925-6553.
Property Owner's Name, Mailing Address and telephone number
308 E. Hopkins Avenue, Lots M and N, Block 80, City and Townsite of Aspen, CO
Legal Description and Street Address of Subject Property
The development of a mixed use three story buildine is approved.
Written Description of the Site Specific Plan and/or Attachment Describing Plan
Approved per Ordinance 27, Series of 2007. passed on Julv 9. 2007.
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
Aueust 9, 2007
Effective Date of Development Order (Same as date of publication of notice of approval.)
Aueust 9, 2010
Expiration Date of Development Order (The extension, reinstatement, exemption from expiration
and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen
Municipal Code.)
Issued thispth
dday of Au st, 2007, by the City of Aspen Community Development Director.
Chris Bendon, Community Development Director
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OCT. I1.2006 10:32AM. 0 TES KNEZEVICH GARDENSWARTZ • N!
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EXHIBIT
Owner's folic of
Fidelity National Title Insurance Company
A Stock Company
Policy Number 1312- 588596
OWNER'S POLICY OF TITLE INSURANCE
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE
CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIDELITY NATIONAL
TITLE INSURANCE COMPANY, a -California corporation, herein called the Company, insures, as of bate
of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in
Schedule A, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketabiliry of the title;
4. Lack of a right of access to and from the land
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as
insured but only to the extent provided in the Conditions and Stipulations.
IN WITNESS WHEREOF, FIDELITY NATIONAL TIME INSURANCE COMPANY has caused this policy
to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A.
Pitldn County rjtle, Inc.
601 E. Hopkins Ave. 8td Floor
Aspen, Colorado $1611
970.925-1766/970-925.6527 Fax
877-217-3158 Toll Five
Counters:s:ncc-:,
numorized Sipiatun ,
(Plea,c prim name h0ow
Fidelity National Title Insurance Company
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!:oR-m...:Received Time Oct.11, 4:29PM Pi='f.Cw�e:>�=n„�y;��,- ;.s_
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OCT,11.2006 10:33AM OATES KNEZEVICH GARDENSWARTZ • NO.8499 P. 5
•
SCHEDULE A —OWNER'S POLICY
CASE NUMBER DATE OF POLICY AMOUNT OF INSURANCE POLICY NUMBER
PCT18935F9 September 30, 2005 @ 3:23 PM $4,000,000.00 1312-588596
1. NAME OF INSURED:
JW VENTURES, LLC, A COLORADO LIMITED LIABILITY COMPANY
2. THE ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS:
IN FEE SIMPLE
3. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN:
JW VENTURES, LLC, A COLORADO LIMITED LIABILITY COMPANY
4. THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF, STATE OF
COLORADO AND IS DESCRIBED AS FOLLOWS:
LOTS M AND N,
BLOCK 80,
CITY AND TOW NSITE OF ASPEN.
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS AVE.
ASPEN, COLORADO 51611
(970) 925-1766/ (970)-925-6527 pAX
1 HE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WIl H THE PREPRINTED NUMBER ON THE COVER SHEE ,
Received Time Oct,11. 4:29PM
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OCT. 11. 2006 10, 33AM OATES KNEZEVICH GARDENSWARTZ • NO. 8499 P. 6
•
SCHEDULE B—OWNERS
CASE NUMBER DATE OF POLICY POLICY NUMBER
PCT18935F9 September 30, 2005 @ 3:23 PM 1312-588596
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGEBY REASON OF THE FOLLOWING:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct
survey and inspection of the premises would disclose and which are not shown by the public records.
4_ Any lien, or right to a lien, for services, labor, or material heretofore or hereafter fumished, imposed by law
and not shown by the public records,
5. Water rights, claims or title to water.
6. Taxes for the year 2005 not yet due or payable.
7. The premises hereby conveyed may be entered by the proprietor of any vein or lode of quartz or other rock in
removing the ore from such vein or lode, should the same, or any part thereof, be found to penetrate, intersect,
place, bearing gold, silver, cinnabar, lead, tin, copper or other valuable deposits, for the purpose of extracting and
pass through, or dip into the mining ground or premises, as reserved in United States Patent recorded February
18, 1888 in Book 59 at Page 349.
6. The premises hereby conveyed may be entered by the proprietor of any vein or lode of quartz or other rock in
place, bearing gold, silver, cinnabar, lead, tin, copper or other valuable deposits, for the purpose of extracting and
removing the ore from such vein or lode, should the same, or any part thereof, be found to penetrate, intersect,
pass through, or dip into the mining ground or premises, as reserved in United States Patent recorded November
28, 1888 in Book 59 at Page 518.
9. Terms, conditions, provisions and obligations as set forth in Multipurpose Easement Agreement recorded
September 16, 1976 in Book 316 at Page 705.
10. Terms, conditions, provisions and obligations as set forth in License Agreement recorded November 26, 1991 in
Book 662 at Page 968.
11. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Aspen Historic
Preservation Commission recorded March 26, 2001 as Reception No. 452717 as Resolution No. 6.
12. Deed of Trust from : JW VENTURES, LLC, A COLORADO LIMITED LIABILITY COMPANY
To the Public Trustee of the County of PITKIN
For the use of : ALPINE BANK
Original Amount : $3.000,000.00
Dated ; September 30, 2005
Recorded : September 30, 2005
Reception No. : 515513 and Re -recorded December 5, 2005 as Reception No. 518061.
(Continued)
Received Time Oct,11. 4:29PM
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OCT.11.2006 10:33AM OATES KNEZEVICH GARDENSWARTZ NO.8499 P. 7
POLICY NO. 1312-588596
CASE NO. PCT18935F9
SCHEDULE B—OWNERS—]EXCEPTIONS—CONTINUED—
EXCEPTIONS NUMBERED 1, 2,3 AND 4 ARE HEREBY OMITTED.
Received Time Oct.11. 4:29PM
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August 8, 2007
Ms. Sara Adams
Community Development Department
130 South Galena Street
Aspen, Colorado 81611
Re: Permission to Represent
Dear Ms. Phelan:
EXHIBIT
9
Please consider this letter authorization for Sunny Vann of Vann Associates, LLC,
Planning Consultants, to represent us in the processing of our commercial growth
management application for the former La Cocina restaurant property. Mr. Vann is
hereby authorized to act on our behalf with respect to all matters reasonably pertaining to
the aforementioned application.
Should you have any questions, or if we can be of any further assistance, please do not
hesitate to call.
Yours truly,
JW VENTURES, LLC
John Provine
P.O. Box 8769
Aspen, CO 81611
(970) 925-6553
c:\oldc\bus\city.ltr\101707. sal
1 0 0
EXHIBIT
APPLICANT: LAND USE APPLICATION
Name:
64,C
Location:.
/"7�
(Indicate street address, lot & bloc umber, legal descri
ti n where a ro riate)
Parcel ID # (REQUIRED)
c=� ? C550
REPRESENTATIVE:
Name:
Address:
�. �7'�/i�,%S �"1 �/� •,�'=-/�j!
,� �/r�
Phone #:
PROJECT:
Name:
CAI
Address:
Phone #:
TYPE OF APPLICATION: (please check all that apply):
❑ Conditional Use
❑ Conceptual PUD
❑
Conceptual Historic Devt.
❑ Special Review
❑ Final PUD (& PUD Amendment)
❑
Final Historic Development
❑ Design Review Appeal ❑ Conceptual SPA
❑
Minor Historic Devt.
�GMQS Allotment
❑ Final SPA (& SPA Amendment)
❑
Historic Demolition
❑ GMQS Exemption
❑ Subdivision
❑
Historic Designation
❑ ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (includes
❑
Small Lodge Conversion/
Margin, Hallam Lake Bluff, condominiumization)
Expansion
Mountain View Plane
❑ Lot Split
❑ Temporary Use
❑
Other:
❑ Lot Line Adjustment
❑ Text/Map Amendment
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
H! }ye you attached the following? FEES DUE: $ ��
Fre -Application Conference Summary
'[V4 ttachment #1, Signed Fee Agreement
Response to Attachment #3, Dimensional Requirements Form
esponse to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards
• • EXHIBIT
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ATTACHMENT 3
DIMENSIONAL REQUIREMENTS FORM
Project: l GEC'/X.41 !�V/`�5 •�/%'�l T/��
Applicant:
Location: 'JJ�S $ l f�/r/ �•�/�
Zone District:
Lot Size:
T
Lot Area: GAG 3Z--
(f� purposes of calculating Floor Area, Lot Area may be reduced for areas
within the high water mark, easements, and steep slopes. Please refer to the
definition of Lot Area in the Municipal Code.)
Commercial net leasable: Existing:?2 7VS- Proposed: rj -4t?7-2�A5;f 77( /
Number of residential units: Existing: -- Proposed.• S
Number of bedrooms: Existing. Proposed.• 7
Proposed % of demolition (Historic properties only):
DIMENSIONS:
Floor Area:
Existing:
Allowable:
Proposed:_
Principal bldg. height:
Existing:
Allowable:
Proposed:_
Access. bldg. height:
Existing:
Allowable:
Proposed:_
On -Site parking:
Existing:
Required:
Proposed:
% Site coverage:
Existing:
Required:
Proposed:_
% Open Space:
Existing:
Required:
Proposed.•_
Front Setback:
Existing:
Required:
Proposed:_
Rear Setback:
Existing:
Required:
Proposed: _
Combined F/R:
Existing:
Required.•
Proposed:_
Side Setback:
Existing:
Required:
Proposed:
Side Setback:
Existing:
Required:
Proposed:
Combined Sides:
Existing:
Required:
Proposed:_
Distance Between
Existing
Required.
Proposed.•
Buildings
Existing non -conformities or encroachments:
Variations requested:
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EXHIBIT
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CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to ITY an ap li ation for
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of
2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a
condition precedent to a determination of application completeness.
' 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the full extent of the costs involved in processing the
application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT
' make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on
a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or
approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make
additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY
agrees it will be benefited through the greater certainty of recovering its full costs to process
APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Planning Commission and/or City Council to enable the
Planning Commission and/or City Council to make legally required findings for project consideration,
unless current billings are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to
collect full fees prior to a delermination of application completeness, APPLICANT shall pay an initial
deposit in the amount of $ .- fA5 which is for hours of Community Development staff
' time, and if actual recor edd costs exceed the initial deposit, APPLICANT shall pay additional monthly
billings to CITY to reimburse the CITY for the processing of the application mentioned above, including
post approval review at a rate of $220.00 per planner hour over the initial deposit. Such periodic payments
shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such
accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued
until all costs associated with case processing have been paid.
CITY OF ASPEN APPLICANT
By: By:
Chris Bendon
Community Development Director Date:
g:\support\forms\agrpayas.doc
' 11/30/04
Billing Address and Telephone Number:
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ASPEN, CO 81611 ASPEN, CO 81612
1220 N DR
TEMPE, AZ 85281-1857
' AEP FAMILY LLL 3.9389931% ALPINE PETROLEUM LLC BENTLEYS AT THE WHEELER
C/O ANDREW V HECHT GARFIELD & 435 E MAIN ST PO BOX 10370
HECHT PC ASPEN, CO 81611 ASPEN, CO 81612
'601 E HYMAN AVE
ASPEN, CO 81611
'BERGMAN CARL R & CATHERINE M BRINING ROBERT D CC ASPEN LLC
PO BOX 1365 215 S MONARCH #203 75-5706 HANAMA PL #104
ASPEN, CO 81612 ASPEN, CO 81611 KAILUA-KONA, HI 96740
'CENTRE OF ASPEN LLC 54.6248989% CITY OF ASPEN CLARK FAMILY TRUST
PO BOX 1247 130 S GALENA ST PO BOX 362
ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81612
COLLINS BLOCK LLC CRYSTAL PALACE CORPORATION DAVID DOGWOOD LLC
205 S GALENA ST PO BOX 32 C/O LOWELL MEYER
ASPEN, CO 81611 ASPEN, CO 81612 PO BOX 1247
ASPEN, CO 81612
DAVIDSON DONALD W DAVIS HORN INCORPORATED DENSON JAMES D
864 CEMETERY LN 215 S MONARCH #104 PO BOX 1614
' ASPEN, CO 81611 ASPEN, CO 81611 TUBAC, AZ 85646
DOLE MARGARET M FOOTLOOSE MOCCASIN MAKERS INC FORGE PARTNERSHIP
C/O FIRST NATIONAL BANK OF 240 S MILL ST STE 201 PO BOX 2914
CEDARIDGE ASPEN, CO 81611 BASALT, CO 81621
PO BOX 8455
ASPEN, CO 81612
FREDRICK LARRY D
ROBERTS JANET A
GALENA PLAZA LLC 30.3845777%
CO/ RONALD GARFIELD ESQ
GILBERT LEONE 2.7624071%
CO/ RONALD GARFIELD ESQ
215 S MONARCH ST #G101
601 E HYMAN AVE
601 E HYMAN AVE
ASPEN, CO 81611
ASPEN, CO 81611
ASPEN, CO 81611
GOLDEN ARTS CONNECTION LLC
GOLDSTEIN PETER & ALAN
GOODING RICHARD L
ASPEN INTERNATIONAL ART DBA
150 METRO PK #2
4800 S HOLLY ST
213 S MILL ST
ROCHESTER, NY 14623
ENGLEWOOD, CO 80111
ASPEN, CO 81611
' GRAND FINALE LTD GRAND SLAM HOLDINGS LLC GRANITE TRUST LLC 61.668%
PO BOX 32 C/O CARL B LINNECKE CPA PC C/O KATIE REED MANAGEMENT
ASPEN, CO 81612 215 S MONARCH ST #101 210E S MONARCH ST
ASPEN, CO 81611 ASPEN, CO 81611
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HALL CHARLES L
O BOX 1819
SPEN, CO 81612
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HANSEN STEVE 11.8169824%
CO/ RONALD GARFIELD ESQ
601 E HYMAN AVE
ASPEN, CO 81611
lIGH DESERT NEWSPAPERS INC
500 DOUBLE EAGLE CT
IENO, NV 89521
MOTEL JEROME INC
O EVEREST CHRISTY G
9000 N BROADWAY
OKLAHOMA CITY, OK 73114
TIE REED INVESTORS LLC
RTNERS IN KATIE REED LLC
0 B S MONARCH
\SPEN, CO 81611
HILLIS OF SNOWMASS INC
170 E GORE CRK
VAIL, CO 81657
JOHNSON PETER C & SANDRA K
51 OVERLOOK DR
ASPEN, CO 81611-1008
KATIE REED INVESTORS LLC 33.332%
C/O GARFIELD & HECHT PC
601 E HYMAN AVE
ASPEN, CO 81611
CREVOY SUSANNE SEPARATE PROP MAIN & MILL LLC
ST C/O LOWELL MEYER
11 LA MESA DR PO BOX 1247
NTA MONICA, CA 90402 ASPEN, CO 81612
ILL STREET PLAZA ASSOCIATES LLC
:/0 M & W PROPERTIES MONARCH BUILDING LLC
S MILL ST STE 301A PO BOX 126
PEN, CO 81611 WOODY CREEK, CO 81656
IJ PROPERTIES LLC 50%
E HOPKINS
SPEN, CO 81611
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S MONARCH ST G102
SPEN, CO 81611
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S MONARCH ST STE 203
EN, CO 81611
MTN ENTERPRISES 80B
C/O HILLIS OF SNOWMASS
170 GARE CRK DR
VAIL, CO 81657
ORR ROBERT L
500 PATTERSON RD
GRAND JUNCTION, CO 81506
PARTNERS IN KATIE REED LLC 5%
C/O GARFIELD & HECHT PC
601 E HYMAN AVE
ASPEN, CO 81611
kIN EXCHANGE HOLDINGS TWO LLC
O LOWELL MEYER RACZAK JOSEPH S & JANET L
NBOX 1247 0234 LIGHT HILL RD
EN, CO 81612 SNOWMASS, CO 81654
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HART GEORGE DAVID & SARAH C
PO BOX 5491
SNOWMASS VILLAGE, CO 81615
HOFFMAN JOHN & SHARON
210 W 5TH ST APT 211
KANSAS CITY, MO 64105-1166
KANTZER TAYLOR MICHAEL FAMILY
TRUST #1
216 SEVENTEENTH ST
MANHATTAN BEACH, CA 90266
KELLY GARY
PO BOX 12356
ASPEN, CO 81612
MEEKER RICHARD J AND ALLISON D
0752 MEADOWOOD DR
ASPEN, CO 81611
MOTHER LODE INVESTORS LLC
620 E HYMAN AVE #1 E
ASPEN, CO 81611
OBRIEN MAUREEN
1370 MAIN ST
CARBONDALE, CO 81623
OSA TRUST 50%
C/O KREVOY SUSANNE BELZBERG
2311 LA MESA DR
SANTA MONICA, CA 90402
PETERSON BROOKE A 50%
302 E HOPKINS AVE
ASPEN, CO 81611
SEGUIN WILLIAM L
PO BOX 4274
ASPEN, CO 81612
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C/O LOWELL MEYER
SSM LAND AQUISITION CO LLC
THALBERG KATHARINE
BOX 1247
2121 KIRBY DR #99
221 E MAIN ST
'PO
ASPEN, CO 81612
HOUSTON, TX 77019
ASPEN, CO 81611
,THE ISIS BUILDING
LLC
205 S MILL ST # 301A
TRUE JAMES R
VAIL FINE ART GALLERY INC
CO 81611
215 S MONARCH #102
ASPEN, CO 81611
PO BOX 1953
fSPEN,
EDWARDS, CO 81632
ARREN DOGWOOD LLC
WELLS FARGO BANK
/O LOWELL MEYER
C/O DELOITTE TAX LLP
WENDELIN ASSOC
O BOX 1247
PO BOX 2609
150 METRO PARK
ASPEN, CO 81612
CARLSBAD, CA 92018
ROCHESTER, NY 14623
DEXTER M
WITEK ROBERT J
f2ILLIAMS
W LUPINE DR
215 S MONARCH #G-103
SPEN, CO 81611
ASPEN, CO 81611
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GLENWOOD SPRINGS
1 1 8 W. 6TH.. SUITE 200
GLENWOOD SPRINGS, CO 81 601
- - 970-945- 1 004-
Fx: 970-945-5948
October 23, 2006
--- - Mr.- Sunny Vann _
VANN ASSOCIATES LLC
230 East Hopkins Avenue
Aspen, CO
- -- 81611
RE: La Cocina Property, Engineering Report
1 Dear Sunny:
ASPEN
P.O. BOX 2155
ASPEN, CO B1612970-925-6727
EEXHIBIT
FX: 9 70-9 2 5-4 1 57
I am writing in follow-up to our discussions regarding the proposed redevelopment of the
La Cocina restaurant property at 308 East Hopkins Avenue in Aspen. This letter report
is to provide general comment regarding infrastructure availability for the redevelopment
of the site.
Introduction
The La Cocina Restaurant is an existing commercial building located on Lots M and N of
Block 80 in the CC, Commercial Core, Zone District of the Original City and Townsite of
Aspen, Colorado. The existing property comprises about 6,032 square feet. The
proposed development includes a basement level with storage and tenant space, a main
level restaurant, and two additional levels with three employee housing and two free
market residential units. This letter report is intended to address the basic infrastructure
availability to construct the project on the property.
Water Supply
'
Based on a brief conversation with City of Aspen Public Works Director Phil Overeynder
regarding the project, water supply is available from an existing 6-inch cast iron water
main in Hopkins Avenue adjacent to the parcel. I would anticipate that the existing
service is probably quite old and, undoubtedly, undersized to meet the fire flow
requirements of a new commercial and multi -family structure on the site. I would
anticipate that the existing service will need to be abandoned at the main and a new,
larger service installed from the main into the building to provide adequate flow for the
fire and domestic service requirements of the proposed building. I would also surmise
that the existing La Cocina is probably old enough that it did not pay significant, if any,
tap fees for the existing service and that tap and connection fees will be required for the
entire program of the proposed structure. System treatment and delivery capacity
should be available for the proposed redevelopment project.
I:t2006\2006-3671Correspondence\La Cocina Eng Rpt — 102306-doc
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- October 23, 2006
' Mr. Sunny Vann
La Cocina Property
Page 2
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From a fire protection standpoint, there are existing fire hydrants at both intersections at
the southern corners of Block 80. Hydrant 772 is located at the southeast corner of the
block, approximately 140 feet from the La Cocina site. Hydrant 771 is located at the
northwest corner of the intersection of Hopkins Avenue and Monarch Street,
approximately 150 feet from the La Cocina site. No additional fire hydrants or main
extensions will be required to serve the proposed redevelopment.
Sewer
The La Cocina property has a 4-inch diameter VCP sewer service line to an existing 8-
inch diameter VCP sewer main in the alley of Block 80. The service connects to the
main 15 feet east of the manhole behind La Cocina. Aspen Consolidated Sanitation
District Collection System Superintendent Tom Bracewell does not anticipate any major
downstream constraints at this time, and did not indicate the need for any major
improvements to the sewer main in the alley.
We anticipate that the re -development of the La Cocina property will require a new,
P p P P Y q
probably larger, service extension to the alley. The new restaurant will require a
grease/oil interceptor. Again, I would expect that the redevelopment of the La Cocina
building will require full tap fees to the ACSD.
Electric
' The La Cocina site is located in the City of Aspen Electric service area in downtown
Aspen. There is an existing transformer on the northwest corner of Lot M off of the alley
that appears to be providing service to the La Cocina building at this time. While I can't
tell if there is significant capacity available on the existing transformer, I would note that
residential units typically do not represent substantial electrical loads. One exception for
this project might be the installation of 3-phase power for elevators or other mechanical
equipment in the expanded building. The existing transformer is on an 8' x 5.5' multi-
purpose easement. City of Aspen Public Works Director Phil Overeynder has indicated
that this easement may be insufficient in size if three phase power is required, which
' may require a larger transformer. Therefore, the La Cocina redevelopment may require
the replacement of the existing transformer for additional capacity or to upgrade for 3-
phase power, and this may result in the need for a larger easement.
1
Phone, Gas and Cable TV
Phone, gas and cable television are all available from the north side of the site based on
the presence of gas meters and phone and cable pedestals along the alley. In general,
r
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October 23, 2006
Mr. Sunny Vann
La Cocina Property
Page 3
any necessary upgrades to gas lines will depend on the final program (specifically, any
increase in BTU loads).
Access and Parking
The project will provide 3 on -site parking spaces; 2 enclosed spaces for the free-market
units and 1 for the affordable housing. All parking spaces will be accessible from the
alley at the rear of site. A service/trash utility area will be provided adjacent to the alley,
and will have sufficient space to accommodate the electrical transformer.
Drainage
It is apparent that there are no existing drainage structures for the existing building.
Drainage currently sheet flows off the roof and patio areas to the alley and the Hopkins
Avenue curb and gutter. To the extent the proposed redevelopment plan results in some
limited additional runoff from the site, the applicants would propose to install a drywell
under the parking area off the alley to accommodate detention and recharge. The
feasibility of a drywell on the site is tied to site -specific soil conditions and the
relationship of potential drywell locations to the structure.
I hope these comments will be adequate for the La Cocina Restaurant property
application. Call me if you have any further questions.
Very Truly Yours,
SCHMUESER GORDON MEYER INC
Matthew T. Webster
Reviewed by:
ay . Hammond, P.E.
Principal, Aspen Office
1:\2006\2006-367\Correspondence\La Cocina Eng Rpt — 102306.doc
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EXHIBIT
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MULTP_,MOSI: EAS-r_*'! !T AGREEMENT
ELECTRIC AND CO?L1UNIC,TIo:4 UTILITIES
J pr
THIS AGREF,MFNT, :Made and entered into this � aY
1976, `.,etween LA COCINA, iNC.r
a Colorado Corpora -
and TILE CITY OF ASPEN,
lion (hereinafter referred to as "Grantor"), OLOit'1D0, a Municipal Corporation (hereinafter referred to a"s City')
C a ColoradU Corpora-
" TELEGRAPH COMPAAT7C :
MoCr TAIA ST-ATES TELEPHONE AND TELEG CO;•SIfUNIC%`-
"„ " , and FIICRO CABLE
tion (Hereinafter referred to as `om"Gr ) " wherein it is stinul.ic.-.
TIOi7S, INC., together referred to as Grantees
and agre -Lt Ms follows:
R I3 C I T A L S
1, �Phe Grantor is the owner of the following
described real.
estate in the City of Aspen, County of Pitkin, ;state of Colorado:
Lots M and N, clock 80, Original
Aspen Townsite.
she City is pursuing a program to place all overhead
electric and co;=,ulunications utility. lines underground
� c_�,mplish this underground utility program, aJ. _V `�
n,:n;mal number of locations are required for t'•ie installation above
gaol,:- of transformers,-witchboxes, �pedes.4
is a„d other appurtenances
which will not be buried. for the
q, Grantees cash to acquire easements irIInecliately
above -ground facilities necessary to accomplish the
unuergrounding.
THEREFORE, in consideration of the mutual benefits to be
derived hereby, and other good a»d valuable cons jr-1 eration, it is
agreed by the parties as follows:.
: GREFta_F7!1
Grantor does hereby grant and convF}' to the Grantees
�. ,� excavating
a perpetual easement for the purpose
of, •`rom time tc ire,
for, installing, maintaining,
inspecting, repairing,
constructing,
replacing,
operating and removing electric transformers and switch
terminal bc.:c..
and similar electric
cabinets, "eiehhcne pedestals,
a:;lit appurtenances, upon, °V^r� under any- acz'os`•
I
ich the Grantor owns, or in which
the following described land wh
the -Grantor has any interest to wit:
The northerly 5.5 feet of the westerly
8.0 feet of Lot M. Block 80, Original
Aspen Townsite, including the airspace
10 feet above the grade of the said8.,
northerly 5.3 feet of the westerly
feet of Lot 01
Of Pitkin, State of Colorado.
:situate in the County cleared all
TOGE'1'HEI; WITH as
right to clear and to keep
as may be necessary to exercise the
treys and other obstructions
rights of the Grantees herein, provided herein, all
Z. Except as otherwise specifically
regiment shall be binding upon the heirs,
of the provisions of this ag artier
personal representatives,
successors and assigns of the p
hereto and shall inure to the benefit of the successors and assignsJ.
of the Grantees.
Date: �5�
STATE OF COLOP o ass.:
COUNTY OF PITRIN ) fore m'-
The for -go_
ng instrument was duly acknOwle- : be
r 1976, by �fGNDL.45 l
this �r::ay Of 4UMZ--, d and official
/ Grantor herein. Witness my .
4 seal.`; ry Public
7
�e 7 �aission expires: / /
GRANTEES:
'SHE CITY 0 ,ASPEN, �O'
D31'Corpora�on
Dater
J
ATTESTS ,
Date � s � -1. C;�f
i
c� N
(Title)
erk �
THE MOUNTAIN STATES TELEPHONE AND
TELEGRAPH CorIPANY
By .
_ T
i
Date: 2-/5- 76
�l
A
r
waa,316 ,m:7U 7
MICRO CABLE COMMUNICATIONS, T_NC.
Dy :.�'
(Title)
H
1
u
• ewir6 '7L
ADDENDUM TO MULTIPURPOSE AGREEMENT
ELECTRIC AxD COHHUNICATIOI UTILITIES
THIS ADDENDUM made and entered into this s-/
day of
1976, -'etween TF.E CITY OF ASPEN, COLORADO, a
Municipal Corporation (hereinafter refered to as "City") and
LA COCINA, INC., a Colorado Corporation (hereinafter referred to
as ":"raptor") wherein it is stipulated and agreed as follows:
R E C I T A L S
1• The City and Grantor have entered into a "Multipurpose
Easement Agreement - Electric and Communications Utilities" .-Or the
placement of electric and telephone and cable TV utilities on Lot
Block 80, Original Aspen Townsite. �-
the conditions of and consideration for such easement agreement.
t
i .�GREEt�ENT
�IiEREFORE, it is further agreed, in consideration of the
mutual benefits to be derived, as follows:
1• The City will pav Grantor, as consideration for the
easement, the sum of Eleven Hundred ($1,100.00) Dollars.
2. The City, as additional consideration for the easement
gircn., agrccs that it shall
construct and zsst:.�:e the costs of cc ,strutt-
ing a wooden fence on the south and east perimeters of the easement
given to screen from public view any equipment installed by the Citv
or Mountain States Telephone and Telegraph Company.
THE CITY OF , C�OLO�RADO
AITESTc
/ S ac Standle�III, yor
` athrY. S.G:]auter, City Clerk
STATE OF COLORADO )
COUNTY OF PITKIN ;ss.:
Acknowledged be -fore n,e this ��= day. of ,I
S G-
=976,by KATIIRYI] S. HAUTER and STACY f v' , TANDLLT;. 171, the City Clerk ant
MaYor respectieely, of the Cit•.• of Aspen
h .2016r .do:
f- f' NuLary•.Pulilic 'Y
. . y
00
-5*14L 7U.-.9
LA COCINA, INC., a Colorado corporation
STATE OF COLORADO )
COUNTY OF PITKIN )ss.:
9 7 6, by Acknowledged before me this day of
-votary
e
-ele
nim
tra
Wil:
.. the
deri
agre
# 33e ^b 191 13: 11 Re = s I _5 'G 968
1 is, F'itl in Cnty Clerk:, Doc S.
' LICENSE AGREEMENT
I
L
This License Agreement is made this A4j-4 day of 4kkz-44e�
' 19 between La Covina Inc., a Colorado Corporation (hereinafter referred
to as "La Cocina" or "Licensor") whose address is 308 East Hopkins Avenue, Aspen,
Colorado 81611, and the Duane Robert Johnson and Margaret Whitfield Johnson
Revocable Trust, dated June 15, 1989, (hereinafter referred to as "Licensee")
whose address is 1116 East Cinnebar, Phoenix, Arizona 85020.
RECITALS
1. La Cocina is the owner of the La Covina Restaurant Building and real
property in the City of Aspen legally described as follows:
Lots M b N
Block 80
City and Townsite of Aspen
County of Pitkin, State of Colorado (sometimes
hereinafter referred to as the "Property")
2. Licensee desires to continue to encroach upon a portion of the above
described property owned by Licensor for purposes of maintaining a structure
partially located on Lot N, Block 80.
3. License_- is willing to grant Licensee a license to maintain said
encroachment subject to the terms and conditions as set forth below.
WITNESSETH
NOW THEREFORE, IN CONSIDERATION OF the terms and conditions hereinafter
provided, the parties agree as follows:
1. GRANT OU LICENSE. La Covina hereby grants to Licensee a revocable
license for the sole purpose of maintaining the existing structure, a portion
of which is located within Lot N, Block 80, Aspen, Colorado.
2. SUBORDINATION. This license is and shall by subject to and subordinate
to all present and future mortgages, &.eds of trust or other encumbrances
affecting the Property to the full extent of the principal sum or sums secured
or intended to be secured thereby, the interest upon said sum or sums, any other
charges or costs thereon and any modifications, assignments, consolidations,
renewals or exten:;ions thereof now or hereafter made. Licensee shall promptly
at the request •)r Ticensor, execute, acknowledge and deliver from time to time
0
r1, .`•_„ e1 t.3: 11 Sec $15.00 62 PG 969
5ii_ Dom.
'•itF:in Cnty Clem_, D
such additional instruments as ;;ay be required in order to accomplish this
rsubordination.
3. TERMINATION. This license may be terminated by Licensor upon one
hundred eighty (180) days written notice to Licensee. In the event of such
termination, Licensee shall, at their expense, remove that portion of the
structure from Lot N within said one hundred eighty (180) day period. This
' license shall also terminate, without notice, in the event the improvement is
destroyed, abandoned, or a new building is constructed or placed on Lot 0, Block
' 80, Aspen, Colorado. In the event of any abandonment or termination Licensor
may demolish or otherwise remove the same without being accountable or liable
' whatsoever to Licensee.
4. INDEMNITY. Licensee agrees and shall upon demand, save, hold, keep
harmless, and indemZify La Cocina from and for any and all claims, judgments,
awards, payments, or liability, including attorneys fees incurred by La Cocina,
ron account of any loss or damage to property or injuries or death to persons
occasioned wholly or in part or resulting from any acts or omissions by Licensee
' or Licensee's guests or invitees for any cause or reason whatsoever arising out
of the maintenance of the encroachment or any use of La Cocina's property.
' 5. NOTICES. In the evei,c any party hereto requires or desire!, to send
a notice pursuant to this Agreement or any atteneant matters, it shall be deemed
1 sufficient for such notice to be served in person or by registered or certified
mail, postage prepaid, to such party at the address set forth at the beginning
of this Agreement or to such other address as may be designated for such
' purposes.
7. MISCELTANFDUS. This Agreement constitutes the entire understanding
' and agreement among the parties hereto with respect to the subject matter hereof
and there are no agreements, understandings, restrictions, representations or
' warranties am.-Nng the parties other than those set forth herein. This Agreement
shall be construed in accordance with and governed by the laws of the State of
Colorado. This Agreement shall be binding upon the parties hereto their heirs,
successors, personal representatives and assigns. This Agreement shall not be
' altered, modified, or otherwise changed except by a recorded instrument signer,'
00 Df:: 662 F'6 97•
Silvi= Pa _ 'kin Cnty Clerk, Doc s.00
by the parties hereto.
'
IN WITNESS WHEREOF, the have
parties signed this License Agreement the day
and year first written above.
LICENSOR: LA COCINA INC.
BY:
Ni h as Le by, President
LICENSEE: THE DUANE ROBERT JOHNSON AND MARGARET
WHITFIELD JOHNSON REVOCABLE TRUST,
DATED JUNE 15, 1989
BY
'Marqgret Whitf ld Jo son, SoI6 Trustee
STATE OF COLORADO )
1 ss.
COUNTY OF PITKIN )
' A/�e foregoing License Agreement was acknowledged before we on this
2C1--4— day of , 19 9 by Nicholas Lebby as President of
La Cociria, Inc.
WITNESS my hand and official seal.
My commission expires: / 9sj
,I rI.
tary Public/
STATE OF
ss.
COUNTY OF v
The foregoi Lin cese Agreement was acknowledged before me on this
day of{����r��%r 191_, by Margaret Whitfield Johnson as
' sole trustee for the Duane Robert Johnson arid Margaret Whitfield Johnson
Revocable Trust, dated June 15, 1989.
LF1
WITNESS my hand and official seal.
My commission expires: LA
1
' Notary Public
1
APPENDIX C
1
1
L�
F
. • EXHIBIT
a
CITY OF ASPEN
COMMUNITY DEVELOPMENT DEPARTMENT
LAND USE INTERPRETATION
JURISDICTION: City of Aspen
APPLICABLE CODE SECTIONS:
26.710.140 D.10., Floor Area Ratio (FAR) for the Commercial Core (CC) zone district;
and,
26.710.150 D.10., Floor Area Ratio (FAR) for the Commercial (C-1) zone district; and,
26.710.160. D. 10., Floor Area Ratio (FAR) for the Service/Commercial/Industrial
(S/C/I) zone district
26.710.170. D. 10., Floor Area Ratio (FAR) for the Neighborhood Commercial
(NC)zone district
26.710.180. D. 10., Floor Area Ratio (FAR) for the Mixed -Use (MU) zone district
26.710.190. D. 10., Floor Area Ratio (FAR) for the Lodge (L) zone district
26.710.200. D. 10., Floor Area Ratio (FAR) for the Commercial Lodge (CL) zone
district
EFFECTIVE DATE:
WRITTEN BY:
APPROVED BY:
October 19, 2006
Jennifer Phelan, Senior Long Range
Planner
Chris Bendon,
Community Development Director
SUMMARY
This ordinance interpretation is being issued in response to several inquiries that staff has
entertained on how the floor area for circulation corridors should be allocated as it relates to a
building containing multiple permitted or conditional uses.
PURPOSE
The purpose of these code section interpretations is to clarify how the floor area for circulation
is allocated towards individual use categories in a Floor Area Ratio schedule when multiple use
categories share circulation corridors.
BACKGROUND
A building is considered a mixed -use building when it contains more than one of the following
land uses: commercial, residential, lodging, or civic. Often, a building will contain common
circulation corridors that serve the multiple uses. All of the cited code sections referenced in this
interpretation have a Floor Area Ratio (FAR) schedule which includes a cumulative cap for the
entire parcel and individual caps for different land use categories. Therefore, it is necessary to
clarify how the circulation floor area shall be allocated towards different land use categories.
1 0 0
�1
DISCUSSION
' It is staffs interpretation that the total floor area for circulation shall be allocated on a
proportionate basis of the use categories outlined in the subject zone district's FAR schedule.
The gross floor area within a building, minus circulation, shall be allocated towards individual
' use categories such as free-market residential, affordable housing, commercial, and etcetera, that
are present in a building. These numbers shall then be calculated as a percent of the gross
number. A proportionate share of the circulation floor area shall then be allocated towards each
I
use category.
For example, if a building contains 2,000 sq. ft. of commercial floor area, 6,000 sq. ft. of free-
market residential floor area, 1,000 sq. ft. of affordable housing floor area, and 1,000 sq. ft of
circulation floor area the following allocation would apply. The gross floor area within the
building would be 9,000 sq. ft. by subtracting the 1,000 sq. ft. of circulation floor area. Of the
' 9,000 sq. ft., commercial accounts for 22.2% of the floor area, free-market residential accounts
for 66.7% of the floor area, and the affordable housing accounts for 11.1 % of the floor area of
the building. As such, 222 sq. ft of circulation floor area would be allocated towards the
' commercial floor area, 667 sq. ft. would be allocated towards the free-market floor area, and
111 sq. ft. would be allocated towards the affordable housing floor area.
APPEAL OF DECISION
As with any interpretation of the land use code by the Community Development Director, an
applicant has the ability to appeal this decision to the Aspen City Council. This can be done in
conjunction with a land use request before City Council or as a separate agenda item.
26.316.030(A) APPEAL PROCEDURES
Any person with a right to appeal an adverse decision or determination shall initiate an appeal
by filing a notice of appeal on a form prescribed by the Community Development Director. The
notice of appeal shall be filed with the Community Development Director and with the City
office or department rendering the decision or determination within fourteen (14) days of the
date of the decision or determination being appealed. Failure to file such notice of appeal within
' the prescribed time shall constitute a waiver of any rights under this Title to appeal any decision
or determination.
�J
�J
F1
L J
1
1
u
• • EXHIBIT
MEMORANDUM
TO: Chris Bendon, Community Development Director
Maureen Dobson, APCHA Director
FROM: James Lindt, Senior Planner
RE: Employee Housing Mitigation- Interim policy for equating number of
employees to square footage
DATE: July 7, 2005
BACKGROUND:
The City adopted new growth management regulations in May of 2005. In the newly
adopted regulations, employee housing mitigation requirements take several different forms
based on what type of development is being considered. For example, the mitigation
requirements for a new mixed use development require that thirty (30) percent of the
additional free-market residential square footage in the development be mitigated for as
affordable housing and that 60% of the additional employees generated by the new
commercial development be mitigated for. The land use code contains a chart of the number
of employees that are expected to be generated per 1,000 square feet of new commercial
space and a chart of how many FTEs are considered as housing mitigation credit in each type
of affordable housing unit (i.e. studio, 1-bedroom, 2-bedroom) that is constructed.
Therefore, determining the employee housing mitigation requirements for the commercial
component of a development is fairly simple and unchanged from the methodology that was
used in the previous growth management code language.
The new growth management language does not specify how much credit in terms of square
footage a constructed affordable housing unit is worth in mitigating for the free market
residential component of a mixed use development. Staff is writing this interim policy to
clarify the ambiguity in the code language that is described above. It is Staff s intention that
this interim policy will eventually be incorporated into the land use code.
INTERIM POLICY:
In looking at the minimum net livable square footage requirements for each type of
affordable housing unit as is set forth in the affordable housing guidelines, in comparison
with the number of employees that are expected to be housed per each type of AH unit (i.e.
studio, 1-bedroom, 2-bedroom) as is specified in the above mentioned land use code chart, it
is apparent to Staff that approximately 400 square feet of an employee housing unit should
receive housing credit for 1 full-time employee equivalent. Staff came to this conclusion by
dividing the minimum net livable square footage for each type of unit (i.e. studio, 1-
bedroom, 2-bedroom) by the mitigation credit (number of employees) given as a result of
constructing one such affordable housing unit. The results of this exercise are as follows:
Unit Type
Min. Net Livable Cat.3 & 4
Min. Net Livable/Employees
Housed
Studio
500 SF/1.25 FTEs housed
400 SF per employee
1-bedroom
700 SF/1.75 FTEs housed
400 SF per employee
2-bedroom
950 SF/2.25 FTEs housed
422 SF per employee
1 0 0
3-bedroom 1,200 SF/3 FTEs housed 1400 SF per employee
' As was mentioned previously, the pattern that is apparent based on the calculations provided
in the chart above show that the current mitigation credit requirements equal out to
approximately 400 square feet of housing unit per employee housed. Therefore, Staff
' believes that it would be appropriate to enact an interim policy stating that 400 square feet of
affordable housing unit shall be used to equate to one full-time employee in determining the
required employee housing mitigation for the free-market residential component of a mixed
use development.
APPROVAL:
I hereby approve this interim policy stating that 400 square feet of affordable housing unit
' shall equate to one full-time employee in determining the required employee housing
mitigation for the free-market residential component of a mixed use development.
' date
Chris Bendon, City of Aspen Community Development Director
date
' Maureen Dobson, APCHA Director
I
Page 1 of 1
EXHIBIT
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Sunny Vann
From: Chris Bendon [chrisb@ci.aspen.co.us]
Sent: Wednesday, August 08, 2007 3:18 PM
To: vannassociates@comcast.net
Cc: Amy Guthrie; Ben Gagnon; Chris Bendon; Jason Lasser; Jennifer Phelan; Jessica Garrow; Sara
Adams
Subject: less than one full unit
Sunny: The new GMQS requires Council review of cash -in -lieu proposals that represents one or more full
residential units. So, yes assume the smallest unit you could build is a studio housing 1.25 employees. So, if
your cash -in -lieu is less than 1.25 employees then P&Z can review it.
Cheers,
Chris Bendon, AICP
Community Development Director
City of Aspen
970.920.5090 i www.aspen/pitkincom
8/13/2007
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