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Home My WebLink Aboutcoa.lu.gm.308 E Hopkins.0043.2007e,~""" THE CITY 4F 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 ,f 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 Properly 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 308E 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 storaEe 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 fr~ and revocation may be pursued in accordance with Section 26.308.010 of the C PuaLlc~oTlcE DEVELOPMENT APPROVAL MUnlclpal COde.) Notice is hereby given to the general public of the thepcreation of a vestedfproperty rpight pursuam to Issued thi 21st day of November, 2007, by the City of Aspen Community Develop the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertain ing to the following described property: 308 East Hopkins Avenue, Parcel ID 2737-073-29-007, the Planning and Zoning C mmission adopted Resolu lion 30, Series of 20 granting a Substantial Amendment to a De elopment Order, which Chris Bendon, Community Development Director n~mne ed 2°,,`seaes f 2007A The A~tyl cant re ceived approval to c overt basemenP space to 3,058 square feet o net leasable commercial space in a mixed use building at 308 East Hopkins Avenue. Co~f f Aspen Commum'ty Development Dep1.t130 S. Galena St, Aspen, Colorado (970) 429-2778 s/ City of Aspen Published in the Aspen Times Weekly on Novem ber 25, 2007. (891626) ~7~~ 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 N0.2737-073-29-007. RESOLUTION N0.30, 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 ~f Section 2: Affordable Housing: 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. P king 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 6~' 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 MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Jennifer Phelan, Community Development Deputy Director FROM: Sara Adams, Preservation Planne~% l~lv 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 (Parce12737-073-29-007) 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. Page - 1 - of 4 Photograph of the subject property ,. ,.. 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 amixed-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 unti12001 ~ 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." z Aspen City Council, Ordinance 27, Series of 2007 grants subdivision approval for 308 East Hopkins Avenue. Exhibit C. 308 East Hopkins Avenue G : \city\S araa\1 aco_gmgs\lacoAmendmentStaffMemo. doc Page-2-of4 C 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 fora 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 credits3) = 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, amixed use project is permitted to concurrently calculate residential and commercial requirements that are provided onsite; the calculation is as follows: s 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.B of the Land Use Code. 308 East Hopkins Avenue G: \city\S araa\laco_gmgs\lacoAmendmentStaffMemo.doc Page-3-of4 .~~ (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 a 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 G:\city\Saraa\laco_gmgs\lacoAmendmentStaffMemo.doc Page-4-of4 ~~ i ~;.< . <:~ ORDINANCE N0.27 (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 N0.2737-073-29-007. 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 amixed-use building consisting of 2,745 square feet of commercial space, 2free-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 amixed-use building consisting of two (2) free-market residential unit and ~~~ I -~~5-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 C .~ 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 amixed-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 C .. ry, 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 Aspenloning 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 Fast 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 __ ~~,,, 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. £ 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 Li~htin~ 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 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 acash-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 band Use Code Section 26.630, School lands dedication, the Applicant shall pay afee-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 LJse 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 Toning 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 ~„- ~.,' 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~' 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 rn day of June, 2007. [signatures on the following page] Ordinance No. 27 Series 2007 Page 6 ~,"°~.. 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: Kathryn 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. HOPKINSAVENUE 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 properly 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 athree-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 acash-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) • lOne-bedroom, Category 3, at 750 square feet (minimum is at 700 square feet) • lOne-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 C ,~ 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 ~~ ~~ *~ 3,o~b5[~ NSA Ire -e vial (y~t~rihr y I~ C~hUWI' --~Ga~M~n,~a~ ~.i~~ p~~~~ ap~,~~~~~ 2,~~~ e;~~ cr~d~f c•~,~6 ?hsi ~ al~~ ~ d I~ ~ ~ir~i~e~,uf ~r ~ ~ l~ ~ 4 ,~~i ~~wu`~a ~ l~v~ ?~~3~. ~OOr u~i~ 0.~3~,}~I vr~k~~h~ ~u.dccl 4,u~1 e ~/10 0 1~J~ ~~~I~~~ ~ ~ ~~r ~ ~~ ~~(~ = 5 Y - C~tl~ln, un ~l~fil •~~I ~~ fi P~~ +~ 'Do , ~~~~ ~ ~~~ ~~ ~ CD ~FP~v 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 C • 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 Pr~ertX 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 apayment-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 Villa eg 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 Yeaz Prior: After a brief discussion, the Boazd 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 reseazch will be done and this will be brought back for further discussion. There was a motion to adjourn and it was seconded. The Boazd adjourned its regulaz meeting at 7:15 p.m. THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY Mazda Goshorn, Vice Chairperson Tom McCabe, Executive Director i Minimum Occupancy (see Definitions) as used herein is one person (with an ownership interest) per bedroom and/or a dependent A Dependent is defined and can be counted for a bedroom as stipulated in Part X, Definitions. Aspen/Pitkin County Housing Authority Minutes September 19, 2007 Page 3 ~.~. 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 Page 1 of 1 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 aone-bedroom unit into atwo-bedroom unit and decreasing the size of afree-market unit, or by some other means. I 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. ~~. -~ 9/20/2007 }. AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE F PRrOPER Aspen, CO SCHEDU~ ~BI i SIC HEARING DATE: ' P,~v 200 STATE OF COLORADO ) ss. County of Pitkin ) I, \~~ f C', (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. 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 The fore ing "Affidavit of Notice" was knowle ed efore me this ~71day of , 200 , by ~ ~I ~~, 4~ WITNESS MY HAND AND OFFICIAL SEcA~L M commission expires: Notary Public ' , ,. ~~ PUBLIC NOTICE RE: 308 EAST HOPKINS AVENUE (FORMERLY LA COCINA), SUBSTANTIAL AMENDMENT TO GROWTH MANAGEMENT DEVELOPMENT OR DER- PUBLIC HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday October 16, 2007, at a meeting to begin at 5:00 p.m. before the Aspen Planning and Zoning Commission, Council Cham tiers, City Hall, 130 S. Galena St., Aspen, to re view an application submitted by JW Ventures, LLC, P.O. Box 8769, Aspen, CO, 81612. The ap plicant proposes to amend the recently approved development order for a new mixed use building by converting the basement space to commercial space, and reque is Growth Management Review for Expansion or Commercial Development for the new commercial ace. The property is legally described as Lots M,. nd N, Block 80, City and Townsite of Aspen, and re commonly known as 308 Easi Hopkins Aven (formerly La Cocina). For further information, contact Sara Adams at the S~iG Jena St CAspennlCO (970) 429n27D78? or sa raa~ci.aspen.co.us. ATTACHMENTS: COPY OF THE PIIBLICA TION ,. Tom' ° •. ~ , ..• c,,~'',~y Any Comrrasskon Expires G:Je512409 'HOTOGRAPH OF THE POSTED NOTICE (SIGN) VNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL s/Dylan Johns Planning and Zoning Commission Chairman Published in the Aspen Times Weekly on Septem tier 30, 2007. (691446) ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: ~~v ~/• ~i~`~ "'~ ~" ~ " '- ' ,Aspen, CO SCHEDULED PUBLIC HEARING DATE: ~~/G , 200? STATE OF COLORADO ) ss. County of Pitkin ) I, ~ ~~"~~ (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 business for fifteen (15) days prior to the public hearing on such amendment The foregoing "Affidavit of Notice" was acknowledged before me this day of -VDV~.~ rs~r~ ~ 200, by ~VN/~ `'~ ~ ~~ ~.I o~P~Y P (/e~~~ ?(` OKE A `: BRO N p~fiSO i o ~.~ OF CC~ SS MY HAND AND OFFICIAL SEAL My s: ~ I ~.~' 1'ZD~ ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL Aa3At/-O9-008-6 uol~na;sul, ;uawa6aey~ ap sua5 ®091.5 ®Aa3AV;!~ege6 al zas!!!~D ww tiane ~u~nnN- aill~ gl ~I ~ _ pad ~ sal!~e} sa~anb~ 1000 EAST HOPKINS LLC 215 S MONARCH SUITE 104 ASPEN, CO 81611 AEP FAMILY LLL 3.9389931% C/O ANDREW V HECHT GARFIELD & HECHT PC 601 E HYMAN AVE ASPEN, CO 81611 BERGMAN CARL R & CATHERINE M PO BOX 1365 ASPEN, CO 81612 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 CRYSTAL PALACE CORPORATION PO BOX 32 ASPEN, CO 81612 DENSON JAMES D PO BOX 1614 TUBAC, AZ 85646 FOOTLOOSE MOCCASIN MAKERS INC 240 S MILL ST STE 201 ASPEN, CO 81611 GALENA PLAZA LLC 30.3845777% CO/ RONALD GARFIELD ESQ 601 E HYMAN AVE ASPEN, CO 81611 GOLDSTEIN PETER & ALAN 150 METRO PK #2 ROCHESTER, NY 14623 GRAND SLAM HOLDINGS LLC C/O CARL B LINNECKE CPA PC 215 S MONARCH ST #101 ASPEN, CO 81611 303 EAST MAIN LLLP PO BOX 8016 ASPEN, CO 81612 ALPINE PETROLEUM LLC 435 E MAIN ST ASPEN, CO 81611 BRINING ROBERT 215 S MONARCH ST STE 203 ASPEN, CO 81611 CLARK FAMILY TRUST PO BOX 362 ASPEN, CO 81612 DAVIDSON DONALD W 864 CEMETERY LN ASPEN, CO 81611 DOLE MARGARET M C/O FIRST NATIONAL BANK OF CEDARIDGE PO BOX 8455 ASPEN, CO 81612 FORGE PARTNERSHIP PO BOX 2914 BASALT, CO 81621 GILBERT LEONE 2.7624071% CO/ RONALD GARFIELD ESQ 601 E HYMAN AVE ASPEN, CO 81611 GOODING RICHARD L 4800 S HOLLY ST ENGLEWOOD, CO 80111 GRANITE TRUST LLC 61.668% C/O KATIE REED MANAGEMENT 2106 S MONARCH ST ASPEN, CO 81611 316 EAST HOPKINS LP RYANCO INC 5525 E CALLE VENTURA PHOENIX, AZ 85018 BENTLEYS AT THE WHEELER PO BOX 10370 ASPEN, CO 81612 CENTRE OF ASPEN LLC 54.6248989% C/O KATIE REED MGMT 210 S MONARCH ST #B ASPEN, CO 81611 COLLINS BLOCK LLC 205 S GALENA ST ASPEN, CO 81611 DAVIS HORN INCORPORATED 215 S MONARCH #104 ASPEN, CO 81611 EXPLORE BOOKSELLERS & BISTRO R E LLC 300 CRESCENT CT #1000 DALLAS, TX 75201 FREDRICK LARRY D ROBERTS JANET A 215 S MONARCH ST #G101 ASPEN, CO 81611 GOLDEN ARTS CONNECTION LLC DBA ASPEN INTERNATIONAL ART 213SMILLST ASPEN, CO 81611 GRAND FINALE LTD PO BOX 32 ASPEN, CO 81612 HALL CHARLES L PO BOX 1819 ASPEN, CO 81612 T ~ Taaru~J lead ~se3 ao; ~ jaded paa~T ®095 3111'IdW31 many asB i ®0965~~13Ad ® ! iaeus uou~nnsw eas ~ ~ siegel Ind ~se3 Atd3AW-O~-008-6 uQl~ru~sul,p ;uawa6~ey~ ap sua5 ®0965 ®A2l3AV;uege6 al zaslll;D ww tiar-e~Mnna- aliln~ el ze1j • ia~ad @ sagas} se4'taabli~ HANSEN CANTINA LLC 15.72% PO BOX 9343 ASPEN, CO 81612 HIGH DESERT NEWSPAPERS INC 500 DOUBLE EAGLE GT 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 SNOW MASS 170 GARE CRK DR VAIL, CO 81657 ORR ROBERT L 500 PATTERSON RD GRAND JUNCTION, CO 81506 PARTNERS IN KATIE REED LLC 5% C/0 GARFIELD &HECHT PC 601 E HYMAN AVE ASPEN, CO 81611 T ~ ®0965®A~13/~dQ 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 Taan~ead lead ~fse3 ~o~ I~d~ ! sagus uoi~ruisw aas ~ 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 jaded paa~T ~ ®0965 31~d1dW31 wand asB ~ ~(7 slage-i laad i(se3 Jla3Ab-O9-008-6 uo!~ru~sw __ _ _ ;uauaa6~ey~ aQ~suaS __ ®09L5 ®Jl2l3AV ~!~ege6 a! zas!!!;n ww~ane~NUwm altln~! al 2a31~ • ~atad @ sallae} sa~anbp~ SSM LAND AQUISITION CO LLC 2121 KIRBY DR #99 HOUSTON, TX 77019 TRUE JAMES R 215 S MONARCH #102 ASPEN, CO 81611 VAIL FINE ART GALLERY INC PO BOX 1953 EDWARDS, CO 81632 WELLS FARGO BANK C/O DELOITTE TAX LLP PO BOX 2609 CARLSBAD, CA 92018 WITEK ROBERT J 215 S MONARCH #G-103 ASPEN, CO 81611 WENDELIN ASSOC 150 METRO PARK ROCHESTER, NY 14623 WILLIAMS DEXTER M 82 W LUPINE DR ASPEN, CO 81611 T ~ Tarn;ead !aad ~(se3 ao~ ~ jaded paa~T ®0915 31V1dW31 ~anb asB i ®091~5~~13Ad 1~/'/J ~ i ~aaue ueronnsut aa~ ~ ! !!7 slaga'1 Ind ~e3 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. ignature The foregoing "Affidavit of Notice" was acknow ed ed befo e me this day of ~V~ f,C , 200~by C ~IBfS To~ WITNESS MY HAND AND OFFICIAL SEAL My c mmission a fires: w Z ~/ ` ~ ~ ~ `°.~ o ary blic ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL PLACE CITY HALL _ ~~ I ~~ x ~. -- - ,~~ ~: ~a ;,~. ~~ ~~. ~z q ```~~Jr// <-: ft_ ~ ~'~ / l ~~~ C C C ~" ~" ~" ~(~ l~~vti - V~l~w LA COCINA PROPERTY COMMERCIAL GMQS ~1~1 ~C~^'"'~`~J ~"'"~ APPLICATION ~'~ ~~ ti\~ .~~ ~ G~~. ~--~ a 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 SURVEYOR Jeffrey Allen Tuttle, L.S. Tuttle Surveying Services 226 Heather Lane Glenwood Springs, CO 81601 (970) 928-9708 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 CIVIL ENGINEER Jay Hammond, P.E. Schmueser Gordon Meyer, Inc. 118 West 6th. Street, Suite 200 Glenwood Springs, CO 81601 (970) 945-1004 i TABLE OF CONTENTS Section 1. INTRODUCTION II. PROJECT SITE III. PROPOSED DEVELOPMENT IV. REVIEW REQUIREMENTS A. Substantial Amendment of a Development Order B. Growth Management C. Vested Property Rights 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 Page 1 3 6 34 34 35 39 .~ TABLE OF CONTENTS ~, Section Page ~. "`~ APPENDIX 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 «~. ~.. 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 Ate, 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 ,,~„ 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, ~,~ ~w 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. • ~ 11. 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 ~. ,~„ 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. w °~ 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. Atwo-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 0~ ~~" o> N `{~ ~ ~ ~ ~~ti ~ o^ ~ ~~~ ~ ~~ ~~~ ~~~ ~ ~, ~^ ~~~ ~~~ ~ ~~ ~~~ ~~~ ~~~ a ~ ~ S v y a e $ ~~ ~ i sg ~8€st3Y~~,~ ~ $ a ~6 ~ ~ !E ~8~a~ E ~gaB °'g~~aaEg~g~ a~ a~ ~~'~ ~ ~E~ g~~~~ ~~ a 15+~ a xV~~ Mb` is aE ~~g ~C~ S E ~~'+~~~~~ gg~ ~ E ~ J S Ch fi ~ ~ a ae a~ Y~ Ye s ~ a~~$~~r8~~~a E $ e ~~F ~O ~ ~ ~~ 83~ i E ~~~~~ g~~~gr8 ~~, J Q~ Q~ Q 5 .~ N ~O ~~a~~ ~~~~~o ~~~~~~ ~~~~~~ 1~~ 3 ~~~~ a~~~~~~ ~ ~~~~~ ~. ~,., 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 .~. x~ 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 -~ anew 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. 6 LCLY-OZfJOL6 7lY! 06GU'!Lf/OL6 3131 llflf 07 'N3dLll • '311Y NV-IAII !fY! Olf wora~~iuuno•MMr S10311H0?~b~ 3.~~INNf10 S3~~Jb'HO oadao~oo 'N3dSd 3f1N3/~b' SNI~idOH 1Sb~3 80~ 1N3Wd0~3n~a32~ 1dN1~0~ d~ J Q J n ~O ~~ O O z Q a ~- U. An 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 r from the sidewalk via an additional stairway located on the west side of the front of the w 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 ~" anew 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 8 I'tli illy kNl/ lYY 'r RMn MIIYi LOWER LEVEL FLOOR PLAN 08-15-07 1 /16" SCALE ~, .. LA COCINA REDEVELOPMENT CHARLES CUN~IF~E~ARCHITECTS '•' 308 EAST HOPKINS AVENUE a. wr ^.++.c ra. a wn ASPEN, COLORADO 1O° ~° ' "' °yO~'~' r mae rr d IX „,A a,r 911W4 14111 11Y1- *pw a44 Y4/ 1 >~ i11W !14111 ,~. .. ar ,4. .. ~.. .rf1 P441 rr N411 y+r ~~/ ~ _ RESTAURANT EN _ iii O cc 3 r ,; i i C_':'_ ,; ;r .: ,`:. :;: it ,~ RESTAURANT _.._ _,~ . i ~ _ _.___ ,: i ~ ~~~ . ,; ~.. ,..... ~:::'_~~. ~._c_ .; ---m...._._._.._..~ -. '.:. ~ ......._ ,..._ 'r.. ,~ ty-_ _::Y-: _y~ , __ ([ ~ _ _ ~Y_~:=_:.~_:..::. ~~-i~ •__ ~•... ``~~,, ,.,(( ~~ i ~ 3 J, / ~ f~ ~ / /! %~ ~ // ~_ fir- =_- -_~ '_~-_-_= - =_._ ___._'tl _________.__.____ E li ft ii t ~s [11P11C Y.0416 i ii i tJ MAIN (STREET) LE 1 /16" SCALE LA COCINA REDEVELOPMENT CHARLES CUNN~FfFaE~ARCH~TECTs 308 EAST HOPKINS AVENUE M g4144Y4 ^c • r0. m M/1 ASPEN. COLORADO +o ~~ ' •" °a°110f _ FLOOR PLAN 08-15- 07 SECOND (MID) .LEVEL F 1 /16" SCALE ,,,,o,,, LA COCINA REDEVELOPMENT CHARLES CUNNIFFE ARCHITECTS 308 EAST HOPKINS AVENUE ~'""~~N'~" w vsr n.~ .r. .esa a Mn ASPEN. COlORA00 m ~~ • '""'r°""' ;~, ~r. R PLAN 08-15-07 ,.~., THIRD (UPPER) LEVEL FLOOR PLAN 08-15-07 1 /16" SCALE ~,,, LA COCINA REDEVELOPMENT CHARLES CUNNIFFE ARCHITECTS 308 EAST HOPKINS AVENUE "'~Q"r°MRP" ASPEN. COLORA00 ~ n~us ri • ~n.~waw arw rr 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 tl.. 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 C). 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 C). 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 Frig wx~m arw srr a.s v wr wcr ~, rr ar NON -UNIT ~y~~ SPACE ~ 697 SF t tt NON -UNIT tt ~ !~ aswe~so SPACE ~ •42 Si 1 ~[ t (! I~ 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 "''~~''O0"' w wr x.r .c raa w wn ASPEN. COLORl1~0 m .M»-n. • ne wo-.v r~+.r wr NON - UNT SPACE ~ 981 SF SECOND (MID) LEVEL FLOOR. F.A.R. 08-15-07 1 /16" SCALE FLOOR AREA NON-UNIT SPACE FREE MARKET UNIT 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 "'-°"'"sN°Cd" w wt .wr rt. rot a MFG ASPEN, COLORADO iao w~ • as W~•r- „~ a.r NON - UNT SPACE ~ 202 Sf MECH/ELEC/PLNB - TWS AREA . ~B Si 10 SF THIS AREA ~ 7 ST T1M5 AREA ~ 7 SF THIRD (UPPER) LEVEL FLOOR F.A.R. 08-15-07 1 /16" SCALE FLOOR AREA FREE MARKET UNIT ~ 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. COMMERCIAL 2,722 S.F. 28.1 FREE MARKET 4,822 S.F. 49.7 % AFFORDABLE HOUSING 2,160 S.F. 22.2 TOTAL 9,704 S.F. 100.0 oia ~.r. ~,guu ar. 1,199 S.F. 6,021 S.F. 535 S.F. 2,695 S.F. 2,412 S.F. ~ 12,116 S.F. LA COCINA REDEVELOPMENT CHARLES CUNNIFFE ARCHITECTS 308 EAST HOPKINS AVENUE "'~~~~Cp1" ASPEN, COt.ORA00 w~ia~r~w r~i • •.. ~io~i ~.w of the building's non-unit space), which exceeds the project's affordable housing „m mitigation requirement. The studio unit and the larger of the two 1-bedroom units will by 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 w 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 to comply with the State's prohibition against rent control. As 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 a--s,. fnollows. ~, Gh~WUa/'lM~ = 5 6~i6 S . Ft. Net Leasable Area Ft. + 581 S . Ft. , ,085 Sq. q q ~. 5,666 Sq. Ft. -~ S Ft. Credit 2,921 Sq. Ft. Ian. Pursuant to Section 26.470.080. . of the current Regulations, the development .~, m~ of new commercial net leasable area within amixed-use building is subject to the ~. approval of the Planning and Zoning Commission. Affordable housing mitigation in an 17 r.? LOWER LEVEL 08-15-07 1 /16" SCALE NON-UNIT SPACE ~~ COMMERCIAL NET LEASABLE 3,085 S.F. LOWER LEVEL TOTAL 3,085 S.F. „~, LA COCINA REDEVELOPMENT CHARLES CUNN~IFF~E~ARCH~TECTS 308 EAST HOPKINS AVENUE Mf/n lllpll nC • ~lR WFW ASPEN, COLORADO .o Wo~r • ..~ nV~s.rr m+ ~~ wr ~~ MAIN (STREET) LEVEL 08-15-07 1 /16" SCALE NET LEASABLE NON-UNIT SPACE COMMERCIAL (RESTAURANT) 2,581 S. F. LA COCINA REDEVELOPMENT CHARLES CUNN.~~E~ARCHITECTS 308 EAST HOPKINS AVENUE w Wr nr~ we rst a Mx ASPEN, COLORADO .o ~~ ' a+ w.t~»+ I'_ ___ _____ _ _ .. z_________~_-~_____'t~ ~ kf ~~ ~ ~I p61M6 ~Yt.7R {t 11t ~ ~ ~( t ~E IJ ,~. ~.. r .... ~.. SECOND (MID) LEVEL 08-15-07 i ~a i ~. 1 /16" SCALE NON-UNIT SPACE L-J FREE MARKET UNIT AHU #1 AHU #2 AHU #3 AHU -TOTAL SECOND LEVEL TOTALS 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 "''°"`~M''CP" «.o«..r..r. ..ai.o..n ASPEN, COLORADO ae nVO-yew • ns ws-.w err ,a`r THIRD (UPPER) LEVEL 08-15-07 1 /16" SCALE NET LIVABLE FREE MARKET UNIT 3,176 S.F. NON-UNIT SPACE arr LA COCINA REDEVELOPMENT CHARLES CUNNIFFE ARCHITECTS 308 EAST HOPKINS AVENUE "'~°"'°~~CO"' ASPEN• COLORADO an~ny~~w • ter. ~nyi ~.v ~~, amount equal to 60 percent of the employees generated by the new commercial area is ,~, required pursuant to Section 26.470.OSO.B.S. 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. e 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 b 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 vl~ithout expanding the size of the previously ~"' approved structure, the Applicant proposes to make acash-in-lieu payment to the City as provided for in Section 26.470.070.4.b) of the current Regulations. 22 Section 26.470.070.4.b) of the current Regulations states that acash-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.OSO.B.S.,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.OSO.B. of the prior Regulations. 23 «~ ~, SOUTH EXTERIOR ELEVATION 08-15-07 1 /16" SCALE ~, LA COCINA REDEVELOPMENT CHARLES CUNNIFFE ARCHITECTS 308 EAST HOPKINS AVENUE "''"""'r""0"' M fnR ~~1M1 wf. • IrR q MI ASPEN, COLdtACO ~c aw-~er • u. ww~.w a,r ~~~ H d f ~'~~ ,~ ~ ,.. ~ ~ ~ ~ ~~ I: n O I 0 Z O Q w w O w ~- x w N W LA COCINA REDEVELOPMENT CHARLES CUNlYIFFE ARCHITECTS 308 EAST HOPKtNS AVENUE "''"""'~"~'C0"' ASPEN. COLORAt~ ,ao aaro aw • •n.~wosw+ w J Q U co ~. M ,, ~~ ,~,a A nw ., 4~ «. yrr ~ ~ ~ ~s ~ ~ ~ ~ ~~ Y ,~ ~..__ i I ( ' f.``. ' t I ~~ ~s ~ _ ~ "" ~ ;; ---- T -- ~ _._._. ~ ~~ ~~ ~ r c u Q O w x w Q LA COC-NA REDEVELOPMENT CHARLES CUNNIFFE ARCHITECTS 308 EAST HOPKINS AVENUE "'~pM'"~H''O°" ASPEN, COLORADO m na~~n ••.r Rn~er j ~~ 1I n ~~ w J Q U ~_ ,err .~.m K~ W~a s+at iu. .awwo sim xr ~. ssucr. .tw w Ynr. aao n,w NORTH EXTERIOR ELEVATION 08-15-07 1 /16" SCALE LA COCINA REDEVELOPMENT CHARLES CUNNfFFE ARCHITECTS 308 EAST HOPKINS AVENUE "''""~~k'CO" M 4N111~AK • rR WMn ASPEN, COLORADO iee nvnrs • ... we-+~ ,~ a:~ ,~ wW v~ ~. ,..~ .~ aYll1 wMr ww .~ fir rt tee rr 1 r 1 Gli i3 ~~ ~~ / ~~ ~~ ~~ ' '' ~ i ~' ~ ~ ~~ i 1 ~ 1 1 _-_-~._1-_-1___L-_-J_1 -_ 11 ' 1 I 1 1 •1 1 t x•r hK%'. '. .~kk . .. k: x%~ ... ..: ~ .. .. .. ,. . -n .1 .1 II ., ., ;I .1 , .1 1~ '1 1 1 1 i~_ _ ~-_ T___ 1 1 1 1 1 1 I i ~- - LA COCINA REDEVELOPMENT CHARLES CUNNIFFE ARCHITECTS 308 EAST HOPKINS AVENUE "''OMtl1IN''C°" M IIIO N~MK • N0.mMM ASPEN. COLORADO no M/IIVIr • rr M/17FO1 (.L~ J 'U^ V t0 O O Z O U w c~ Z 0 J 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 ~ i ........._ ..................... ~- ,~ ® =~ ~ ' ~ ~ ~~ WONIENS --------- ~ I- 'U '" - FREEZER '+°" I ~ ~t~ BAR \ MEN ~ ~ ~~ DRY ,,,~ i ~ ~~~ ® ~ - I I sTORAGE GOOLER ~~ Asti ~~ti ~ ~~ ~ ~~ ~H H~~ ~ ~ , I ~,.:, ~ ~tti~ \`.f'~i~ ~~~ ~ ~ ~~ C ~~ ~ ~~ _ _ KITCHEN l JJ4 :mow ~ ~L ~J ~~LLRESTAURANT ~ I ~~ ~~ ~ ~~ `il (~~ ~ ~~ ~ ~~ ~ I JJ `(` i+, ~ i~ ~ iw ELEV. t'~i ~(i t'~i LOBE '~-, STfi~~ET LE~~L 10.30.06 °~~ PEDESTRIAN AMENITY = 47G.5 s.f. LA COGNA REDEVELOPMENT .~ 308 EAST HOPIONS ASPEN. COLORADO CHARLES CUNNIFFE ARCHITECTS www.cunniffe.com 610 FAST HiMAN AVE. • ASPEN, CO 81611 • 7FlE: 9709255590 • FAX 970920-4557 N01 P!k LBOVE 9D.. SIF 2@ SiFAM80A1 SPRW6. CO BOMI • 7FIE 9708150590 ' FA%: 9T18150501 1/16" ~, 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 apayment-in-lieu which is permitted by right within the Aspen Infill Area. Pursuant to Section 26. S 15.050. B. of the current Regulations, the Applicant will make aone-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 ~„ F.~ .~, ro, R,. .~ ~. 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.)1 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 Yard2 No Requirement 8. Maximum Allowable Height (Feet)3 42 9. Maximum Proposed Height (Feet)4 35 10. Minimum Required Pedestrian Amenity 25 Space (Percent) 11. Approved Pedestrian Amenity 8 Space (Percent)s 12. Maximum Allowable Floor Area 18,096 ~ 3:1 (sq. Ft.) Commercial Uses ~ 1.5:16 9,048 32 Free Market Residential @ 1:1 6,032 Affordable Housing No Limitation 13. Proposed Floor Area (Sq. Ft.) 12,116 Commercial Uses' 3,400 Free Market Residential' 6,021 Affordable Housing' 2,695 14. Proposed Floor Area Ratio 2.01 15. Proposed Net Leasable Commercial 5,666 Area (Sq. Ft.) Basement 3,085 Ground Floor 2,581 16. Minimum Required Parking Commercial Uses @ 1 Space/ 1,000 2.92 Sq. Ft. Net Leasable$ Free Market Residential No Requirement Affordable Housing No Requirement 17. 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. 2 A trash/utility service area is required abutting the alley pursuant to Section 26.575.060. 3 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. a Measured to the top of the third floor roof. 5 Previously approved by the HPC pursuant to Resolution No. 18, Series of 2006. 6 May be increased to 2:1 if affordable housing equal to 60 percent of the 33 additional commercial floor area is developed on the same parcel. ' Includes a prorata share of the building's non-unit floor area. s May be met via acash-in-lieu payment. 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 a be dedicated to the various public utilities as may be required. Site grading will be w. ~, 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 the 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 approvals, the proposed development is vested until August 9, 2010. B. 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 amixed-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 35 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 36 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, therefore, 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. .~. 37 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, acash-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, acash-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 acash-in-lieu '"`" payment equivalent to 0.63 employees which the Community Development Department 38 0 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 AspenlPitkin 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.O10.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 39 "~ Department is sufficient to confer a vested property right, and that no further actions on behalf of the Applicant are required. ~~ ~. 0 40 .~ «~ ~. APPENDIX A ~. EXHIBIT y,; PLANNER: _:~. PROJECT: REPRESENTATIVE: CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY Sara Adams DATE: 08.07.07 308 East Hopkins Street- formerly the La Covina building 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 26.470.140.6, 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 P8Z 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 .~ 26.470.140.8 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 City Council. 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 hearin . A licants-make a co of our mailin labels before usin to submit with our affidavit. 9 (Pp PY Y 9 9 Y ) 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 81/2" 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 wr 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 «u 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. .. it ~ lllll~llli 111 illll lilt Ii I liilll iilll ilNll 111111 II ~• 4sZTi7 ~/Z6/2001 02:38P RESOLUTi DAMS SILYI 1 of 2 R 18.08 D 0.00 N 8.00 PITKIN COUNTY CO ~ RESOLUTION NO. 6~ SERIES OF 2001 EXHIBIT 2 RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION TO **~ REMOVE THE LA CACINA RESTAURANT, LOCATED AT 308 EAST HOPIaNN5 AVENUE, LOTS M AND N, BLOCK 80, CITY AND TOWNSTTE OF ASPEN, FROM THE INVENTORY OF HISTORIC SITES AND STRUCTURES Parcel ID: 273 7-073-29-007 ,~ 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 forwazded a recommendation to the Historic Preservation Commission; and .M 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 (SO) 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 modern 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 mss. w WHEREAS, Staff provided the Historic Preservation Commission with the Community Development Department's recommendations regazding 308 East Hopkins Avenue, a property currently listed on the inventory; and r. WHEREAS, at a regular meeting on February 14a`, 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. ~.. ~. ~ • APPROVED BY THE COMMISSION at its regular meeting on the 14th day of February, Z~1. Approved as to Form: ~.. ,~ /^~ _ Davi Hoefer, Assistant Ci Attorney Approved as to Content: HISTORIC PRESERVATION COMMISSION Acting Vice-Chair ATTEST: i Katby Stric and, Chief Deputy ~' I illlll lull flllll IIIII~ Ili Illllt liilli ill mill llil lill ""' +2717 03/26/2001 82:38P RESOLUTI DpYiS SILVI 2 of 2 R -10.00 R 0.00 N 0.00 PITKIN COUNTY CO ~,. ~. 526959 Page: 1 of 3 0 I 7/28/20 mgr JANICE K VOS CAUDILI PITKIN COl1NTY CO R 16.00 D 0 00 1 ~ 131 EXHIBIT 9 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. I8, SERIES OF 2006 PARCEL ID: 2737-073-29-007. +~ WHEREAS, 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 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 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, ~,. e. The structure cannot practically be moved to another appropriate location in Aspen, or -.. 526959 II II IIII IIIII~IIIIIIIIIH I IIIIIIIIIHI 07928/2006 11:191 rrr JRNICE K VOS Cf~UDILL 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 an~roval to demolish, ail of the followine 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 ar 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 r. 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 amore-appealing pattern "'"' of development considering the context in which the development is proposed and the ... purpose of the particular .standazd. 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 Standazds. """ 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 facade 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 ,~ I-lstoric Preservation Commissian; and ~. WHEREAS, Sara Adams, in her staff report dated July 12, 2006, performed an analysis of the application based on the standazds, 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 an July 12, 2006, the Historic Preservation Commission .rr 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: "' Thai HPC hereby recommends approval for Major Development (Conceptual), View Plane ,.~, Review, Pedestrian Amenity Space, Demolition, and Commercial Design Review for the 0 ~~ ,~„ 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. 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 goad cause shown, grant aone-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 Iess than thirty (30} days prior to the expiration date. APPROVED BY THE COMMISSION at its regular meeting on the 12th day of July 2006. Approve to Form: David Hoefer, Assistant C Attorney ~""° Approved as to content: ~„ TORIC PP~:~RVATION COMMISSION ~. ~ ~~, Jeffrey alf ,Chair w. ~,, ATTEST: ./ _ i Kathy Stri and, Chief Deputy Clerk I ( 52fi959 11 ~ Page : 3 of 3 't If 07/28/2006 11.191 JFMIICE K VOS CAUDILL PITKIN COUNTY CO R 1B .00 D 0.00 c.w ;:~ «+re ~~~ 0 A RESOLUTION OF THE ASPEN PLANNING AND ZONING CO APPROVING WITH CONDITIONS TWO GROWTH MANAG 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 N0.2737-073-29-007. ~~ 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 amixed-use building consisting of 2,745 square feet of commercial space, 2free-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 fora 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, approvirig 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 amixed-use building consisting of two (2) free-mazket residential unit and ~, square feet of commercial space located on the property at 308 E. Hopkins Ave, "Lots M and N, Block 80, City and Townsite of Aspen, CO; and, 2~~ I 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 COMNIISSION 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 r. 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/Dwellin 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 ro e p P ~~ Height Ave, measured to the top of the third floor 46 feet for areas setback 15 or more feet from lot lines ad'oinin a Street ri t-of-wa . Minimum N/A No requirement Distance between Buildings on Lot Pedestrian Providing 8% onsite and cash-in- Pursuant to Section 26.575.030, Pedestrian Ameni S ace lieu fee for 17% _ $51,272 Ameni ,.. 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 ~' ... .. r~-- ~. 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: Building 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. 'M 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, ~,r„ 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. 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 yeaz. 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 Reauirements ~„ 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 Reauirements ~.• 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 cleaz «.~ water connections (roof, foundation, perimeter, patio drains) aze 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 sepazators are required for pazking gazages 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. Shazed ~•• 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 dischazge 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: Landscauin~ 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 acash-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 afee-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} yeaz 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• 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 ariy ~., 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 17~' `~' day of April, 2007. APPROVED AS TO FORM: PLANNING AND ZONING "" COMMISSION: ,~~~ -- - ~, Jim True, City Attorney Ruth Kru ,Chair ATTEST: I • ~, ckie Lothian, Deputy City Clerk RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION~FiPCj 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. RESOLUTION NO. 19, SERIES OF 2007 PARCEL ID: 2737-073-29-007. "~ WHEREAS, 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 make 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 ~„ of 4 to 0. ~" 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 fist floor fence enclosing the outdoor seating will be approved by Staff and monitor. .~, ~„ 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 ~~. 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 boazd. 6. The development approvals granted herein shall constitute asite-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] APPROVED BY THE COMMISSION at its regular meeting on the 9th day of May 2007. Approved as to Form: True, City Attorney Approved as to content: HISTORIC PRESERVATION COMMISSION 7 ~ 1~ Jeff y a ferty, Chair ATTES Kathy Stri and, Chief Deputy Clerl~ EXHIBIT ORDINANCE N0.27 (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 N0.2737-073-29-007. G .. 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 amixed-use building consisting of ~,, 2,745 squaze feet of commercial space, 2free-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 standazds, ~. 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 amixed-use building consisting of two (2) free-market residential unit and 2,745 squaze 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 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 a~ 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. r 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 acash-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 afee-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 r> ichael C. Irela ,Mayor ATTEST: ~~, .v ~ f ~ .~ i Kathryn S. Ko~, City Clerk FINALLY, adopted, passed and approved this 9th day. of July, 2007. ATTEST: I n. `Kathryn S. Ko ,City Clerk APPROVED AS TO FORM: /~ ~z~6 ~ orcester, City Attorney „~~~f Michael C. reland , M yor 8•Z- v~ Ordinance No. 27 Series 2007 Page 7 EXHIBIT 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 building is approved. Written Description of the Site Specific Plan and/or Attachment Describing Plan Approved per Ordinance 27, Series of 2007, passed on July 9, 2007. Land Use Approvals} Received and Dates (Attach Final Ordinances or Resolutions) August 9, 2007 Effective Date of Development Order (Same as date of publication of notice of approval.) August 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 this da/y o~f,A~ugust, 2007, by the City of Aspen Community Development Director. ~!~"- Chris Bendon, Community Development Director .. .,~, OCT. 11. 2006 10;32AM. OATES KNEZEVICH GARDENSWARTZ _ ,~ u ~ ~ EXHIBIT Otivnex''s Policy of Fiddelity National Title Insurance Company A Stock Company Policy Number 1312- 5 8 8 59 6 OWNRR'S POLYCX OF TITY.E INSURANCE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCH,ED ULE B AND THE CONDITIONS AND STIPULATIONS, FIDELITY NATIONAL TITLE INSURANCE C0IVIPANY, a~California corporation, herein called the Company, insures, as of Date 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 wild 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 Wl:1'EREOF, FIDELITY NATIONAL TIIZE 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. '' r.tl~ com~y z;ae, lac. 601 E. Hoplvas Me. Srd Floor Aspen, Colaasdo 81611 970.925-]766/970-9t5~5X7 Fax 877-217-3158 Toll Fi+ee .Fidelity National Title Insurance Company ~,~-~ ~ ~ .~E S~;fiL~° _ ~` ' ~`"" ' -- ~+ -• ,«~ AutpOT7Z~,$1€178IU!'c . i. ~. (Plaa,e prim name nc!ow' ~.. xoR?,c ::•:=Received Time Oct. 11. 4:29PM ..i, ''•~•u•~ Fi..l: L~':'.C: 5 1'n71CY (1(r'%-~_ OCT. 11. 2006 10:33AM GATES KNEZEVICH GARDENSWARTZ N0. 8499 P. 5 SC~I.EDULE A-0WNER'S POLICY CASE NUMBER DATE OF POLICY AMOUNT OF INSURANCE POLICY NUMBER PCT19935F9 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 FIEREIN 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. .x• PITKIN COUNTY T1TLE, INC. 601 fi. HOPKINS AVE. ASPEN, COLORADO 57611 (970) 925-7766/(970}-92S~i527 FAX ,~. 1 HE POLICY NUMBER SHOwN ON THIS SCHEDULE MUST AGREE wll H THE PREPRINTED NUMBER ON THE COVER SHEE' Received Time Oct. ll. 4:29PM OCT. 11. 2006 10:33AM OATES KNEZEVICH GARDENSWARTZ N0. 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 furnished, 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 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 February ~ 8, 1886 in Book 59 at Page 349. ~„ B. 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, 18881n Book 59 ai Page 518. $"~ 9. Terms, conditions, provisions and obligations asset forth in Multipurpose Easement Agreement recorded ,, September 16, 1976 in Book 316 at Page 705. ,,~, 10. Terms, conditions, provisions and obligations asset 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 : $3,000,000.00 Dated ;September 30, 2005 Recorded :September 30, 2005 Reception No. :515513 and Re-recorded December 5, 2005 as Reception No. 518061. (Continued) .. ~„ ~, Received Time Oct. 11. 4:29PM ;~ OCT. 11. 2006 10:33AM OATES KNEZEVICH GARDENSWARTZ N0. 8499 P. 7 POLICY NO. 1312-588596 CASE NO. PCT18935F9 SCHEDULE B-OWNERS --k7CCEPTIONS--CONTINUED- EXCEPTIONS NUMBERED 1, 2, 3 AND 4 ARE HEREBY OMITTED. -~, Received Time Oct. 11. 4:29PM .~ EXHIBIT ~ 9 August 8, 2007 Ms. Sara Adams Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Ms. Phelan: Please consider this letter authorization for Sunny Vann of Vann Associates, LLC, Planning Consultants, to represent us in the processing of our commercial growth management application for the former La Cocina restaurant property. Mr. Vann is hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforementioned application. Should you have any questions, or if we can be of any further assistance, please do not hesitate to call. Yours truly, JW VENTURES, LLC ~~ Sohn Provine P.O. Box 8769 Aspen, CO 81611 (970) 925-6553 c:\oldc\bus\city.ltr\1u51707.sa1 '"` APPLICANT: Name: ..../ Location: (Indi ParcellD # RE UIRED «.. ... RF.PRF4F.NTATTVF.: LAND USE APPLICATION EXHIBIT /~ ~• 7~ ~ /~ street address, lot & bloc umber, legal descrinti n where annronriatel Name: ~~~~ ~S.SC~~-~t~ _ ~G Address: ~~Gc. ~[,y`!''~/~,/5 ~~/~' •. ~i~, ~~~ ~~~ Phone #: 9us'` G ~j' S''$ "~' PROJECT: Name: ~~?1l,//~~ G~/'y7-.~ .~l °/'"~l-{/ f~ ~ Qi~ Address: ~~,+y~/~/~ Phone #: /ZS ' G S~s3 i xra yr rirri.i~,.~iivi~: ~Picn~c ~uc~n aii dint nP}»y). ^ 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.) ~. Haye you attached the following? FEES DUE: $ ~~ (~)?re-Application Conference Summary [~' ttachment #l, Signed Fee Agreement weN (]v ~~ esponse to Attachment #3, Dimensional Requirements Form [Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards EXHIBIT ~ l~ ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Applicant: Location: Zone District: Lot Size: Lot Area: GAO 3z- (for the 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: ~ 7~~ Proposed: ''~~`~~~T~~~ Number of residential units: Existing: --4 Proposed: 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: EXHIBIT ~~ ~ /2 's CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of Citv of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and ~/ w~ ~ ~/ C~~ (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. LICANT has submitted to ITY an a 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 aze necessary as costs aze 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 aj~e munation of application completeness, APPLICANT shall pay an initial M,. deposit in the amount of $/~~/~~ 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 5220.00 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: "" ChrisBendon ~//~/~ Community Development Director Date: Billing Address and Telephone Number: Re uir g:\support~forms~agrpayas.doc ~~y~~.rY ~Jd ~~/'li "~. 11/30/04 ~~ ~',,~ ~'s"3 A83J1V-09-008-L ~~Ms~!.P woo tiane-NUinn~ alil~ el ~I~~ 1000 EAST HOPKINS LLC 303 EAST MAIN LLLP 215 S MONARCH SUITE 104 PO BOX 8016 ASPEN, CO 81611 ASPEN, CO 81612 AEP FAMILY LLL 3.9389931% ALPINE PETROLEUM LLC °'~ C/O ANDREW V HECHT GARFIELD & 435 E MAIN ST HECHT PC ASPEN, CO 81611 ~' 601 E HYMAN AVE ASPEN, CO 81611 ~. BERGMAN CARL R & CATHERINE M PO BOX 1365 ASPEN, CO 81612 BRINING ROBERT D 215 S MONARCH #203 ASPEN, CO 81611 CENTRE OF ASPEN LLC 54.6248989% PO BOX 1247 ASPEN, CO 81612 f~,,. COLLINS BLOCK LLC °"" 205 S GALENA ST ASPEN, CO 81611 ~, DAVIDSON DONALD W 864 CEMETERY LN ~'" ASPEN, CO 81611 DOLE MARGARET M .. C/O FIRST NATIONAL BANK OF CEDARIDGE ~°, PO BOX 8455 - ASPEN, CO 81612 ~, FREDRICK LARRY D ROBERTS JANET A ~r 215 S MONARCH ST #6101 ASPEN, CO 81611 ,~ - GOLDEN ARTS CONNECTION LLC *» ASPEN INTERNATIONAL ART DBA 213 S MILL ST ASPEN, CO 81611 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 i ~uawa6,ie~p ap CRYSTAL PALACE CORPORATION PO BOX 32 ASPEN, CO 81612 DAVIS HORN INCORPORATED 215 S MONARCH #104 ASPEN, CO 81611 FOOTLOOSE MOCCASIN MAKERS INC '240 S MILL ST STE 201 ASPEN, CO 81611 GALENA PLAZA LLC 30.3845777% CO/ RONALD GARFIELD ESQ 601 E HYMAN AVE ASPEN, CO 81611 GOLDSTEIN PETER & ALAN 150 METRO PK #2 ROCHESTER, NY 14623 EXHIBIT ~~ 316 EAST HOPKINS LP RYANCO INC 1220 N STADEM DR TEMPE, AZ 85281-1857 BENTLEYS AT THE WHEELER PO BOX 10370 ASPEN, CO 81612 CC ASPEN LLC 75-5706- HANAMA PL #104 KAILUA-KONA, HI 96740 CLARK FAMILY TRUST PO BOX 362 ASPEN, CO 81612 DAVID DOGWOOD LLC GO LOWELL MEYER PO BOX 1247 ASPEN, CO 81612 DENSON JAMES D PO BOX 1614 TUBAC, AZ 85646 FORGE PARTNERSHIP PO BOX 2914 BASALT, CO 81621 GILBERT LEDNE 2.7624071% CO/ RONALD GARFIELD ESQ 601 E HYMAN AVE ASPEN, CO 81611 GOODING RICHARD L 4800 S HOLLY ST ENGLEWOOD, CO 80111 ~~" GRAND FINALE LTD :GRAND SLAM HOLDINGS LLC GRANITE TRUST LLC 61.668% PO BOX 32 C/O CARL B LINNECKE CPA PC GO KATIE REED MANAGEMENT '~" ASPEN, CO 81612 215 S MONARCH ST #101 2106 S MONARCH ST ASPEN, CO 81611 ASPEN, CO 81611 Aa3A\F09.008-L uoq~ngwl,p wortianenmm~n alilna; e! za;insuo~ HALL CHARLES L p0 BOX 1819 ASPEN, CO 81612 :,.,HIGH DESERT NEWSPAPERS INC 500 DOUBLE EAGLE CT KENO, NV 89521 ~'OTEL JEROME INC ~„/O EVEREST CHRISTY G 000 N BROADWAY OKLAHOMA CITY, OK 73114 TIE REED INVESTORS LLC 4RTNERS IN KATIE REED LLC ,„JO B S MONARCH ASPEN, CO 81611 ~. CREVOY SUSANNE SEPARATE PROP .RST •11 LA MESA DR ,..1NTA MONICA, CA 90402 ~uawaWe~p ap suas HANSEN STEVE 11.8169824% CO/ RONALD GARFIELD ESQ 601 E HYMAN AVE ASPEN, CO 81611 HILLIS OF SNOW MASS 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 MAIN ~ MILL LLC C/O LOWELL MEYER PO BOX 1247 ASPEN, CO 81612 ~.LL STREET PLAZA ASSOCIATES LLC MONARCH BUILDING LLC :/O M & W PROPERTIES PO BOX 126 G~5 S MILL ST STE 301A WOODY CREEK, CO 81656 .PEN, CO 81611 ~. iJ PROPERTIES LLC 50% ~ E HOPKINS SPEN, CO 81611 MTN ENTERPRISES 806 C/O HILLIS OF SNOW MASS 170 GARE CRK DR VAIL, CO 81657 'RIEN MAUREEN ..' S MONARCH ST G102 SPEN, CO 81611 K CENTRAL CONDO ASSOC S MONARCH ST STE 203 „'EN, CO 81611 ORR ROBERT L 500 PATTERSON RD GRAND JUNCTION, CO 81506 PARTNERS IN KATIE REED LLC 5% C/0 GARFIELD 8~ HECHT PC 601 E HYMAN AVE ASPEN, CO 81611 "1'KIN EXCHANGE HOLDINGS TWO LLC RACZAK JOSEPH S 8. JANET L O LOWELL MEYER ""BOX 1247 0234 LIGHT HILL RD 'EN, CO 81612 SNOWMASS, CO 81654 ®o9LS ~aane }l,eges al zaslll~n salad @ snipe; sa~anbl~ HART GEORGE DAVID & SARAH C PO BOX 5491 SNOWMASS VILLAGE, CO 81615 HOFFMAN JOHN i;< 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 ,~~ Ta~n~ead lead bse3 ao} . jaded paa~T ®09LS 31V1dW31 ~a^b ash •, ~ ®09LS®Jla3AV© ~ i iaa45 ucl~rWsul ~S ~ ~ i ® sla9el lid ~(se3 A213A1~-O9-008-L uo~rWsu!.P .~ wm-tiane•NUU-nn alllual el za;lnsuo~ =~ SMITH ASPEN QEAA LLC C/O LOWELL MEYER PO BOX 1247 ASPEN, CO 81612 THE ISIS BUILDING LLC 205 S MILL ST # 301A .,,.,,ASPEN, CO 81611 ``WARREN DOGWOOD LLC :./O LOWELL MEYER ""p0 BOX 1247 ASPEN, CO 81612 ~IVILLIAMS DEXTER M 12 W LUPINE DR ASPEN, CO 81611 f ~.,~ ®o9~soAZl d ;uauia6aey~ ap suaS ®09L5 ®A>d3AV;uege6 al zasllpB salad @ sa{pe# sa~yanbq~ SSM LAND AQUISITION CO LLC THALBERG KATHARINE 2121 KIRBY DR #99 221 E MAIN ST HOUSTON, TX 77019 ASPEN, CO 81611 TRUE JAMES R VAIL FINE ART GALLERY INC 215 S MONARCH #102 PO BOX 1953 ASPEN, CO 81611 EDWARDS, CO 81632 WELLS FARGO BANK WENDELIN ASSOC C/O DELOITTE TAX LLP 150 METRO PARK PO BOX 2609 ROCHESTER, NY 14623 CARLSBAD, CA 92018 WITEK ROBERT J 215 S MONARCH #G-103 ASPEN, CO 81611 as else ao .~ jade as T ® ®0915 31d1dW31®IGand ash Ta~n~ea~ I d 3 I< d P ~ ~ stage-! 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Mr.-Sunny_Ua_nn- ___ _ _ __ _ _ VANN ASSOCIATES LLC ~-~ 230 East Hopkins Avenue _--- --- - _ __ 'Aspen;` CO . , _ _ _ _ >.~ __. 81fi11 _ _ RE Ca Cocina Property. Engineering Report ~' Dear Sunny: ,~. ___ _ __- ___ _ _ tam 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. 1 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. ~. eew 1:X200612006-367~CorrespondencelLa Cocina Eng Rpt - 102306.doc ---------- ----- `~' - -- - -from afire-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, ,,~, 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 "r' 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 'M 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. .~. 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, I:\2006\2006-367\Correspondence\La Cocina Eng Rpt -102306.doc ~e sir ~"'"'` any necessary. upgrades to gas lines wilt 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. .,~ ~.~, ~ /I . /I/I ~, ~ /I ~, ,~„ Matthew T. Webster ,.~ ,., .. I:\2006\2006-367\Correspondence\t_a Cocina Eng Rpt - 102306.doc orr Reviewed by: ay .Hammond, P.E. Principal, Aspen Office u :31 I.. - , •~ ;;LrLrni,•.r~. l:~ili I~. ~i`~~t101~ .., .:J. rf i -~iL~J ! ~C3~! MULTI?'UR1'OSE EASis'e;w:`I' AGREE:~2.'~'NT • ~! BC~K~~.U i ~`= EXHIBIT EL~TRIC AND COPL1UPtICE TIOtJ UTILITIES .2~'" :fay o= ?'HIS AGREF,~'NT, ' ~.ade and entered into thi., a Colorado Corpora- , 1976- =,etween LA COCINA, INC.. ~~hPr „ " and TitE CITY OF 11SPrN, lion (hereinafter referred to as Grantor )- ", L'1D0 a Municipal Corporation (herei.nafter referred to ss amity°)- COLOI r a Colorado Cor4~ora- PSOUi~'•'tAI.d STATES TE7,EPHONPi APIU TFLEGRF-PII COMPANY: „.. " - and ¢IICP.O CAELE CU:u`fUN' C'~ tion (hereinafter referred to as `"orapana-) „ wherein it is stinul.~t-, ~ INC.r to9other referred to as Grantees . TI..3T~ , and agrees ~s follows: R B C I T A L described rea~• 1, ~~he Grantor is the rnaner of the following estate in the City. of Aspen, County of Pit?;in. State of Colorado: wr, ~, r ~. a-r lots M and N, Mock 80. Original -Aspen Townsite. ~- °~he City is pursuing a program to place_ all overhead lines underground- electric and co;:,u,.unications utility. ~ ~ ~c:omplish this underground utility Program' 3. ~_:, ._ g;w„imal number of locations are required for t'_ie installation above ajld ether appurtenances ~ gsou:::" of transformers, switc'nboxes, l~euestals ... which will not lie buried. , foY the q, Grantees wish to acquire easements i~ecliatell ~ to accomplish the unuergrounding. above-rrcund facilities necessary T~IER~pRE, in consideration of the mutual benefits to be o± c.r good aitd valuable consideration, it is derived hereby. and I+_.. ~~... agreed by the parties as follows:. . r. ;, ;_ G R E H t~ = ; and conve'l to the Grantees goes hereby gxgr,t ~, ,cantor `~ excavating ." "iom tine tc ire, .. a pa~~netual easement for the purpo's of, - repairing, maintaining, inspecting, V for, constructing, installing- w operating and removing electric transformers anc3 s~aitcl _ replacing, ~ and similar electric - terminal bo=.~_. cdestats, - cabinnts, ;;elephv,le p aprj ~'ICZ~US•"-~ =~r - ----....,.z,:-icr. utilit~~ apPurtenanceti, ui ^n- ~'v"r~ uncl~r ~~ ~~: ~ 3 '~ ` ~~~+ • ur in which ~~ the following described land which the Grantor owns, """ the"Grantor has any interest to wit: The northerly 5.5 feet of the westerly ~.. g,0 feet of Lot M. Block 80-.Original Aspen Townsite, including the airspace ~~ 10 feet above the grade of the said8•' northerly 5.:i feet of the westerly «.~ feet of Lot ~r ~~ of Pitkin, State of Colorado. :situate in the County cleared all ""~ TOGE'14iER h'I'1'E the right to clear and to Y,eep .. ~ and other obstructions as may be necessary to exercise the ,.re..s • rights of the Grantees herein. rovided herein, all ecifically p 2, Except as othez'vrise sP- u on the heirs- of the provisions of this agreement shall be binding P ~,,,,_ s of the parties e personal representatives, successors and assign ~~, hereto and shall inure to the benefit of the successors and assigns F a,aw of the Grantees. ~.. t iWWI F ~.,, . ~, t ,u. f ~. -~ awr ~w wr rn`r isw Date : ~~_-J^!~~ L1'f CC~t /YA STTiTE OF COLOPADO ~ ss . COUNTI' OF PITRIN ) acknowledged before m°- r .,....; n^ instrument was duly i ~. ~. ~, •` 1976 r by rv '• ST ;ay of .( r .this ~ :. d anii official Witness my )? .:' ! a t ~„~~ `,~C, _ G-antor herein. ". ~ : , . seal. -':, i ry Public .~•• 7 ...- ~:.-.:. fires: ~ ~~~/ u Coemaission exp ` GgANTL'ES: . .~ 31SPEN, LORAD°, a . - • ~ - ^HE CITY ~i ora~dn K: u,,,,icival_•Corp . it /~ _ yy~' > . Date: •/~~f ~~ ATTES9'~ ~ J 1 ~ Date :~11,."d;, r,).~-1r2'~' f ~t= l ~ ./ ~ ~/ ~ i v (Title) I THE r~oltNTrIN STATES TELEPIi01J1; T.iJD , TELEGPJIPH COI1PAi~~ ~f i i , ~: ~~. , R~ ~. y*v. [_ ~' C ~e» y; ~'' ~wr ewaA r+in rS I ~~ 1 Date: •?-/5' 76 MZCRO CABLL' COMtfUNICATIONS~ T_NC. _' ~~•i ..~~ '~: ADDS?~DU?7 TO tiULTIPURPOSE AGRF'F'MFp7T ~: ~, ELECTRIC A?STD COM1`iUNICATIO:~T UTILITIES ~.,. THIS ADDENDUM made and entered into this ,Z t~ day of - " ~u~ ~- , 1976, Between T~ CITY OF ASPEN ~w , COLORADO, a Municipal Corporation (hereinafter refered to 3s "Cit " "' ~ y) and L.~1 COCINA, itvC., a Colorado Corporation (hereinafter referred to arr as ""raptor") wherein it is stipulated and agreed as follows: ~. R E C I T A L S awr ~. I. The City and Grantor have entered into a "Multipurpose ~.. Easement Agreement -Electric and Co:mnu ' ": nications Utilities" or the +r ~' placement of electric and telephone and cable R'V utilities on Lot :K, ~ Block 80, Ori anal A~ `~-" ~"" k ~_.~ g ~ open Townsite. t ..' F: 2 . Thy r; +., ~.. , .._- - .ate ~. ~. ~. f E awsr t NIYf f f +++• f t ~.. • the conditions of and consideration for such easement agreement. ~~ G R E E M E N T :.'FIEP.EFORE, it is further agreed, in consideration of the mutual benefits to be derived, as follows: . •'~he City will pav Grantor, as consideration for the easement, the sum of Eleven Hundred ($1,100.00) Dollars. ?.. ''he Cit}>, as additional consideration for the easement yi;-e.^., agrees t::at it shat oo.^.strsot and ass•:.,^+e ~t~ the cow of cc :struct- inq awooden fence on the south and east perimeters of the easement given to screen from public view any equipment installed by the City or Mountain States Telephone and Telegraph Company, ' ~:~ - ~ iH] .~ `~' •, `•,athryn JS.G~iauter, l.1tf Clerk .:.,.•. • STATE OF COLORADO ) COUNTY OF PITKIN ~ss.: • i Ac}:n^:eled^yed before me this ~'~ ~ ,~ -day of /uc'c~ _976, by hHTIIRYId ~. HAUTER and STACY STA:JDL„T•;r 173 ,• the City Clerk anc Mayor xesp~~ctively, of the Cit~1~ of Ts end' P . :C61 or~.do ~ ~= '' '~ :~ ~._ e ~., ~ cam.:' t_ ~ (. ~_ 'Y i ,~~ _. _. •~: ~-. '}~ i•Jctary...Pulai~ ., m r ~= r soctc~~~~ ~~~ '~"' LA COCIYA, INC., a Colorado Corporation ~. «~. By: ~~e) wr _ .:~ (Tile) ,~. rr STA1^S OF COI+ORADO ) COUNTY OF pITI(IN ' ss„ rr Acknowledged before me this ~ day of ~j(J~ ...-97F, by ~1ir ~1nL_,[!~ y ~/ J/? i .. ~w ~: • ~ _•~otary Iu lic ~~ ~+ ~.. ~.. ~.» ~ . ~ . E "' +w S »=.u3 ~. V ~ t[rr[~ is ..~ ~~ ~. rr ~. ~+. ~_ .~„ ~` ~. ,~ -~. +~ur ~. -. ti~~ e 'elE A171A tta ail: the UhY'] agr~e w ~,~ #338923 !?b!?1 13c i i fiec X15. +_~:~ Pk' G 969 Gzlv:a ~is, Pitk.in Cnty Cierk:, Doc ~. «~ ~+ e ,~., LICENSE ACS This License Agreement is made this ~`~ day of , 19~, between La Covina Inc., a Colorado Corporation (hereinafter referred to as "La Covina" or "Licensor") whose address is 308 East Aopkins Avenue, Aspen, Colorado 81611, and the Duane Robert Johnson and Margaret Whitfield John.son Revocable Trust, dated June 15, 1989, (hereinafter referred to as "Licensee") whose address is 1116 East Cinnebar, Phoenix, Arizona 85020. RECITAIS 1. La Covina is the saner of the Ia Covina Restaurant Building and real property in the City of Aspen legally described as follows: Lots M b N Block 80 City and Tawnsite 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 awned by Licensor for purposes of maintaining a structure partially located on Lot N, Block 80. 3. Lioensc- is willing to grant Licensee a license to maintain said encroachment subject to the terms and conditions as set forth below. WlINES.SETH NQei 1iiEREFDRE, IN CONSIDERATION OF the terms and c:orxiitions hereinafter provided, the parties agree as follows: 1. GRANT OI' LICENSE. La Covina hereby grants to Licensee 3 revocable license for the sole purpose of maintainirx~ the existing structure, a portion of which is located within Lot N, Block 80, Aspen, Colorado. 2. SUBORDINATION. this license is and shall be subject to and subordinate to all present and future mortgages, dr,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:cions thereof now or hereafter made. Licensee shall promptly at the request ~.~r r~icer~sor, execute, acknowledge and deliver from time to time ,.;. ~ ! 1 !_^• ~, : 41 13:11 fiec ~ 1 ~. DC~ F6 969 #' - • ~D ii~~Dtvis, ~~itF:in Cnty rler~:, D ,, d. such additional instnanents as :aay be required in order to acccx~lish this ,,... ~~ gubOrdlnatlOn. 3. TERMINATION. This license may be terminated by Licensor upon one ~~. - ~a hundred eighty (180) nays 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 O, Block '~"' 80, Aspen, Colorado. In the event of any abandonment or termination Licensor .r may demolish or otherwise remove the same without being accountable or liable whatsoever to Licensee. 4. INDEhWITY. Licensee agrees and shall upon demand. save. hold, keep harmless, and indemnify La Covina from and for any and all claims, judcpnents, ~. awards, payments, or liability, including attorneys fees incurred by La Covina. R,.. on account of any loss or damage to property or injuries or death to persons ~~ occasioned wholly or in part or resulting fran 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 everic any party hereto requires or desirers to send •~ -- ~„ a notioe pursuant to this Agreement or any atterr'.ant matters, it shall be deemed ••+ 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 desiunated for such • purposes. """ 7. MISCEitANEOUS. 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 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 bin9ing upon the parties hereto their heirs, successors, personal representatives and assigns. This Agreement shall not be altered, modified, or othet~aise chatx~d except by a recorded instrument signed ~M #.3389<~ ?I/mob 1: '.1 F;ec X15.44 Rk: 662 P6 97~ Silvia Pavis,~tki^ Cnty Clerk, Doc x.44 ~~ " by the parties hereto. IN WITNESS hkiEREOF, the parties have signed this License Agreement the day ~r and year first written above. LICFIVSOR: LA COCINA INC. BY: N1 as L8 ,President LICENSEE: THE QUAKE ROBERT JOHNSON AND MARGARET ~"' WHITFIELD JOFIIJSON RS'VOCABLE TRUST, r., D~4TED JUNE 15, 1989 BY ~11.t :r ~ , """ rc~J~ret Whitf ld J ,Sol Trustee ~. STATE OF COIARAQD 1 ss. COUPTI'Y OF PITKIl3 ) foregoicx~ License Agreement was acknowledged before me on this ~~ day of ~~s~J , 19 Q ~ by Nicholas Lebby as President of La Covina, Inc. WTIrtESS my hand and official seal. rfy canmission expires: . 2 /9'r3 ',,~~:"'. ;~;:, , ~~~~ •: b. tart' Pub is -rG ~, :_ ; , ~., - ~. i'~. SPATE OF F~, j%: ~ fit..t.. ) f": ~ ., -. sS. ~~~ ~ ... The'foregoi License Agreement was acknowledged before me on this ~~ day of ~C~~[:~~~ r 19'J_, by Margaret Whitfield Johnson as sole tn.:stee for the Duane Robert Johnson and Margaret Whitfield Johnson Revxable TYust, dated June 15, 1989. WITNESS my hand and official seal. ..~ My cartmission expires: ~ - ~ - `~ W. -~ „:~ Notary Public ~. ,• ~ ~' ~.. 4~~ ~ t L! G APPENDIX C ~,", CITY OF ASPEN p'""' COMMUNITY DEVELOPMENT DEPARTMENT LAND USE INTERPRETATION JURISDICTION: City of Aspen EXHIBIT 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/CommerciaUlndustrial •~ (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: October 19, 2006 ",„, WRITTEN BY: Jennifer Phelan, Senior Long Range Planner ~„ APPROVED BY• 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 comdors. °~ BACKGROUND A building is considered amixed-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. . ,,~ ,.~~ 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 ~"" 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 azea, free-market residential accounts for 66.7% of the floor area, and the affordable housing accounts for 11.1 % of the floor azea of the building. As such, 222 sq. ft of circulation floor azea would be allocated towards the commercial floor area, 667 sq. ft. would be allocated towazds 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 fi 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. 0 ,~, EXHIBIT MEMORANDUM TO: Chris Bendon, Community Development Director Maureen Dobson, APCHA Director FROM: James Lindt; Senior Planner F 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 er em to ee 1-bedroom .700 SF/1.75 FTEs housed- 400 SF er em to ee 2-bedroom 950 SF/2.25 FTEs housed 422 SF er em to ee 3-bedroom 1,200 SF/3_FTEs housed 400 SF er em to ee As was mentioned previously, the pattern that is appazent based on the calculations provided in the chart above show that the current mitigation credit requirements equal out to approximately 400 squaze feet of housing unit per employee housed. Therefore, Staff believes that it would be appropriate to enact an interim policy stating that 400 squaze 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-mazket residential component of a mixed use development. APPROVAL: I hereby approve this interim policy stating that 400 squaze 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 «~ ~. 2 Page 1 of 1 EXHIBIT w ~. 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 ~ www aspen/gitkin.com 8/13/2007