HomeMy WebLinkAboutcoa.lu.gm.533 E Hopkins.Kenichi.0058.2008THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER
PARCEL ID NUMBER
PROJECTS ADDRESS
PLANNER
CASE DESCRIPTION
REPRESENTATIVE
DATE OF FINAL ACTION
0058.2008.ASLU
2737-07-3-40-004
533 E. HOPKINS AVE
DREW ALEXANDER
OMOS, EXEMPTION
ADAM ROY
1 /12/2009
CLOSED BY Angela Scorey on 03/02/2009
Resolution No. 2
(SERIES OF 2009)
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING GROWTH MANAGEMENT REVIEW OF AFFORDABLE
HOUSING FOR THE EXPANSION OF THE BUSINESS KNOWN AS KENICHI
AND LOCATED AT 533 EAST HOPKINS AVENUE, CITY OF ASPEN, PITHIN
COUNTY, COLORADO.
Parcel No. 2737-07-3-40-004
WHEREAS, the City of Aspen Community Development staff held apre-
application conference where it was determined that the Applicant sought to expand the
existing restaurant by 242 gross sq. ft., however Ordinance 51 was in effect, thus not
allowing this type of development without approval from the Community Development
Director; and,
WHEREAS, the Community Development Director received a letter from the
Applicant requesting exemption from Ordinance 51. The Community Development
Duector granted the exemption based on the determination that the expansion was a
"minor improvement to a business's existing space; and, which did not substantially alter
the intensity of the use;" and,
WHEREAS, the Applicant held another pre-application conference with
Community Development staff, and established the appropriate direction for the
Application; and,
WHEREAS, it was determined by Community Development staff that the review
for Minor Expansion of a Commercial, Lodge, or Mixed-Use Development, the
Certificate of No Negative Effect, and the Commercial Design Review would be handled
administratively, with the Historic Preservation Officer granting the Certificate of No
Negative Effect and the Commercial Design Review; and,
WHEREAS, the Applicant was informed that the creation of new net leasable
azea is subject to GMQS review of Affordable Housing by the Planning and Zoning
Commission; and,
WHEREAS, the Applicant requested that the affordable housing requirement
would be met through acash-in-lieu payment; and,
WHEREAS, Community Development staff and the Aspen/Pitkin County
Housing Authority calculated the cash-in-lieu payment for the 98 sq. ft. of new net
leasable area; arid,
RECEPTION#: 555800, 01/16/2009 at
09:08:23 AM,
1 of 5, R $26.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
,-„ -^
WHEREAS, the Planning and Zoning Commission reviewed the application
upon recommendation of the Community Development Department and the Aspen/Pitkin
County Housing Authority on January 6 , 2009; and,
WHEREAS, the City of Aspen Planning and Zoning Commission finds that the
development proposal meets or exceeds all applicable development standazds and that the
approval and recommendation of approval of the land use requests is consistent with the
goals and objectives of the Aspen Area Community Plan; and,
WHEREAS, the Planning and Zoning Commission grants approval of Growth
Management Review for Affordable Housing as a cash-in-lieu fee; and,
WHEREAS, the City of Aspen Planning and Zoning Commission finds that this
Resolution furthers and is necessary for the promofion of public health, safety, and welfaze.
WHEREAS, The City of Aspen Planning and Zoning Commission voted in favor
of the Gtowth Management review of Affordable Housing through acash-in-lieu
payment, by a unanimous vote of 6 - 0 by those present.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING
AND ZONING COMMISSION AS FOLLOWS:
Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal
Code, the Planning and Zoning Commission hereby approves Growth Management
Review for Affordable Housing.
Section 2: BuildinE Permit Aaplication
The building pemut application shall include the following:
a. A copy of the final recorded P&Z Resolution.
b. The conditions of approval printed on the cover page of the building permit set.
c. If required, a drainage plan, including an erosion control plan, prepazed by a
Colorado licensed Civil Engineer, which maintains sediment and debris on-site
during and after construction.
d. As applicable, an excavation stabilization plan, construction management plan
(CMP), and drainage and soils reports pursuant to the Building Department's
requirements.
e. As applicable, a fugitive dust control plan to be reviewed and approved by the
Environmental Health Department.
f As applicable, a detailed excavation plan that utilizes vertical soil stabilization
techniques, or other techniques, if appropriate and acceptable, for review and
approval by the City Engineer.
g. Accessibility and ADA requirements shall be addressed to satisfactorily meet adopted
building codes.
Section 3: Dimensional Requirements
The redevelopment of the building as presented shall comply with the dimensional
requirements of the Commercial Core (CC) zone district.
Section 4: Eneineerin¢
Building permit submission shall be compliant with all sections of the City of Aspen
Municipal Code, Title 21 and all construction and excavation published by the
engineering department.
Section 5: Affordable Housin¢
The affordable housing requirements of the project shall be met with the provision of a
cash-in-lieu payment to be assessed at the time.
Section 6: Fire Miti¢ation
All codes adopted by the Aspen Fire Protection District shall be met. This includes but is
not limited to access (International Fire Code (IFC), 2003 Edition, Section 503),
approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907).
Section 7• Water Department Requirements
The Applicant shall comply with the City of Aspen Water System Standazds, with Title
25, and with the applicable standazds of Title 8 (Water Conservation and Plumbing
Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water
Department.
Section 8• Sanitation District Requirements
Service is contingent upon compliance with the .District's rules, regulations, and
specifications, which aze on file at the District office.
Section 9: Impact Fees
Pursuant to Land Use Code Section 26.610.090, Current Impact Fees, the Applicant shall
pay a TDM/Air Quality and a Parks Development fees for the creation of net leasable
square footage.
Section 10: Exterior Liehtin¢
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:
The rights granted by the approval of this site specific development plan shall remain vested
for a period of three (3) yeazs from the effective date of the approved 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. Failure to properly record all plats
and agreements required to be recorded by this Code 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).
Section 12:
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 final development approval as required under Section
26.304.070(A) of this Chapter.
Section 13•
Zoning that is not part of the approved site specific development plan shall not result in the
creation of a vested property right.
Section 14:
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 aze not inconsistent with this
approval.
Section 15:
The establishment of a vested property right shall not preclude the application of ordinances
or regulations which aze general in nature and aze applicable to all property subject to land
use regulation by the City of Aspen including, but not limited to, building, fire, plumbing,
electrical and mechanical codes. In this regazd, as a condition of this development approval,
the applicant shall abide by any and all such building, fire, plumbing, electrical and
mechanical codes, unless an exemption therefrom is granted in writing by the city.
Section 16:
All material representations and commitments made by the Applicant pursuant to the
development proposal approvals as herein awazded, whether in public hearing or
documentation presented before the Planning and Zoning Commission or City Council, aze
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 effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 18:
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a sepazate, 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 January, 2009.
APPROVED AS TO FORM:
City Attorney
ATTEST:
PLANNING AND ZONING
CO SSION:
Erspa r, Chair
~~ ~ ~ ~~
Jackie Lothi n, Deputy C-ty Clerk
MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU: Jennifer Phelan, Community Development Deputy Director
FROM: Drew Alexander, Planning Technician
gc .
RE: Kenichi Restaurant Redevelopment (533 East Hopkins Avenue) -Growth
Management Review for Affordable Housing -Resolution No., Series 2009 -
Public Hearine ~~~
MEETING
DATE: January 6, 2009
APPLICANT /OWNER: STAFF RECOMMENDATION:
Kenichi Aspen, Inc. Staff recommends that the Planning and Zoning
Commission approve the Growth Management
REPRESENTATIVE: review of Affordable Housing.
David Johnston Architects, pc
SUMMARY:
LOCATION: The Applicant requests of the Planning and
Block 94; Lots G - I, City and Townsite Zoning Commission approval of one Growth
of Aspen, 533 East Hopkins Avenue Management Review request: Affordable
Housing
CURRENT ZONING & USE
Located in the Commercial Core (CC)
zone district with a historic overlay. The
restaurant is a permitted retail/restaurant
use.
PROPOSED LAND USE:
The land use will not change from the
proposed development.
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:
• Growth Management Review for 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, Kenichi Aspen, Inc. has requested approval to expand their existing restaurant
which is located at 533 East Hopkins Avenue, with an additiona1242 gross squaze feet, of which
235 square feet are gross interior floor azea. The restaurant is completely subgrade and the
expansion would include the following:
Expansion of the northern fapade window wall to the north, so that it is aligned with
the centerline of the columns supporting the structure above.
Besides the expansion, an interior remodel is proposed. Pursuant to Section
26.104.100, Definitions: "Net leasable commercial and office space are those areas
within a commercial or office building which are, or which are designed to be, leased
to a tenant and occupied for commercial or office purposes, exclusive of any area
including. but not necessarily limited to, areas as dedicated to bathrooms, stairways,
circulation corridors, mechanical areas provided, however, that these areas are used
solely by tenants on the site."
Certain azeas that were previously used for restaurant service, such as dining room
seating, are now being altered for the expansion of existing restroom space. There is
also a new airlock entrance that counts as circulation and will not be counted towazds
net leasable. These areas aze equated and accordingly adjust the gross interior square
footage expansion of 235 squaze feet and provide a new net leasable azea of 98
squaze feet {This 98 square feet also being the amount of squaze footage subject to
the Affordable Housing review (See Exhibits 2- 9, Appendix B of the Application)}.
The Applicant wishes to provide this affordable housing mitigation for 98 squaze feet
of new net leasable area through acash-in-lieu payment.
All development performed on structures in a Historic district must be granted a Certificate of
no negative effect prior to development occurring. This is an official form stating that the
proposed work will have no detrimental effect on the character-defining features of a
designated property. The Historic Preservation Officer has reviewed this application and
approval has been granted. This project meets the underlying zone district dimensional
requirements. Commercial uses in the Commercial Core (CC) zone have a Floor Area Ratio
of 2:1. This would not be exceeded by the new development.
,-~. .~.
STAFF COMMENTS:
GROWTH MANAGEMENT REVIEWS:
The Applicant is requesting one growth management approval to obtain sufficient development
allotments to construct the proposed project. The requests and the project's compliance with the
applicable review standazds aze discussed below:
Growth Management Approval for the Development of Affordable Housine. As mentioned
previously, the Applicant has requested approval for acash-in-lieu payment for the
affordable housing requirement related to net leasable area. The City uses the calculations
established in the City of Aspen Land Use Code and the Aspen/Pitkin Employee Housing
Guidelines to determine this appropriate fee. Development of affordable housing as required
under Section 26.470.070.4. The review requires that the development proposal be consistent
with the Aspen Area Community Plan, and comply with the Asper/Pitkin County Employee
Housing Guidelines. The following presents the calculation for the cash-in-lieu payment:
Table 1.1
AFFORDABLE HOUSING CASH-IN-LIEU CALCULATION
L Total Additional Gross Interior (s . ft.) 235
2. Less Additional Area for Restrooms (sq. ft.) 107
3. Less additional Area for Circulation, for Airlock (sq. ft.) 30
4. Net Leasable Area Applicable to Affordable Housing Mitigation (sq. ft.) 98
5. Number of employees generated per 1000 sq. ft. in CC zone district 4.1
6. 25% Reduction for net leasable space located within a basement level 3.08
7. Number of employees generated by expansion: 98 sq. ft. / 1000 sq. ft. 0.30
8. 60% of Employees generated 0.18081
9. Affordable Housing Cash-in-payment for one Category 4 employee $130,214
10. Cash-in-Lieu Payment for this project: $130,213 x .18081 $23,543.81
TABLE NOTES:
Line 6 of Table 1.1 above represents the deduction granted to expansions of spaces that are
within the basement or upper floors (refer to Calculations, Section 26.470.100.1). Kenichi is
entirely subgrade and considered basement space. For commercial net leasable space within
basement or upper floors, the rates shall be reduced by twenty-five percent (25%) for the purpose
of calculating total employee generation. This 25% reduction is attributed towazds the Line 5
detail of 4.1 employees generated per 1, 000 sq. ft. of net leasable area. The total in Line 6 is the
new employees generated rate for this cash-in-lieu calculation.
REFERRAL AGENCY COMMENTS:
The Aspen/Pitkin County Housing Authority provided a recommendation for a cash payment in
lieu for the Application. See Exhibit B.
RECOMMENDATION:
In reviewing the proposal, Staff believes that the project is consistent with the goals of the AACP
as well as the applicable review standards in the City Land Use Code. This project provides net
leasable space downtown. The increase in net leasable generates .18 employees and staff
recommends accepting the cash-in-lieu payment.
RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMATIVE):
"I move to approve Resolution No.~, Series of 2009, approving the Growth Management
Review for affordable housing through acash-in-lieu payment for the property legally described
as Block 94; Lots G - I, City and Townsite of Aspen, 533 East Hopkins Avenue."
ATTACHMENTS:
EXHBIT A -Review Criteria and Staff Findings
Exxls[T B -Housing Referral dated DeCENtsER 17, 2008
EXHIBIT C --Application
..~
EXHIBIT B
MEMORANDUM
TO: Jennifer Phelan, Community Development
FROM: Cindy Christensen, Housing
DATE: December 17, 2008
RE: 533 EAST HOPKINS AVENUE EXPANSION AND REMODEL/KENICHI
Parcel ID No. 2737-073-40-004
ISSUE: The applicant is requesting to expand and renovate a restaurant by adding a total of 241 squaze
feet, of which 98 is net leasable commercial space.
Review Standards:
Section 26.470.070.4 relates to the employee generation plan. Section 26.470.100.A. states that 60% of
the employees generated by the additional commercial or lodge development shall be mitigated. The
applicant also states that this section allows fora 25% reduction for commercial net leasable space within
basement or upper floors. Although the Code classifies the restaurant in the basement and is allowed the
25% reduction, the restaurant is 100% below grade. According to the Code, the 25% reduction is
allowed. The applicant calculated the payment-in-lieu fee to be $23,544.
If the 25% reduction were not allowed, the calculation of the fee would be as follows:
Total Additional Gross Interior Floor Area (sq. fr.) 235
Less additional area for Restrooms (sq. fr.) (107)
Less additional area for Circulation @ Airlock (sq. ft.) 30
Net leasable Area Application to Affordable Housing Mitigation (sq. ft.) 98
Number of Employees generated per 1000 sq. ft. in CC zone district 4.1
Number of Employees Generated by Expansion: 98 - 1,000 X 4.1 = .40
60% of Employees Generated .24
AH Cash-in-Lieu Payment for a Category 4 employee $130,213
Cash-In-Lieu Payment for Affordable Housing Mitigation $31,251.12
Since the space is defined as basement space, the $23,544 would be the payment-in-lieu due at the time of
building permit approval.
.~
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EXAIBIT A
REVIEW CRITERIA AND STAFF FINDINGS
Pursuant to Section 26.470.070, Minor Planning and Zoning Commission Applications
a) The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing
Authority. A recommendation from the Aspen/Pitkin County Housing Authority shall be
required for this standard. The AspenlPitkin County Housing Authority may choose to hold
a public hearing with the Board of Directors.
The Applicant's request for affordable housing mitigation through acash-in-lieu payment
was submitted to the Aspen/Pitkin County Housing Authority. A recommendation was then
received from the Aspen/Pitlcin County Housing Authority by Community Development staff
(See Exhibit B). This review criterion has been met.
b) Affordable housing required for mitigation purposes shall be in the form of actual newly
built units or buy-down units. Off-site units shall be provided within the City limits. Units
outside the City limits may be accepted as mitigation by the City Council, pursuant to
Paragraph 26.470.090.2. If the mitigation requirement is less than one (1) full unit, 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
requirement is one (1) or more units, acash-in-lieu payment shall require City Council
approval, pursuant to Paragraph 26.470.090.3. Required affordable housing may be
providedthrough a mix of these methods.
The mitigation requirement for this development proposal is less than one (1) unit and one (1)
employee generated; therefore the Applicant may submit a request for cash-in-lieu
acceptance. The Aspen/Pitlcin County Housing Authority has submitted a recommendation
supporting acash-in-lieu payment, thus promoting a review by the Planning and Zoning
Commission. This review criterion has been met.
c) Each unit provided shall be designed such that the finished floor level offifty percent (50%)
or more of the unit's net livable area is at or above natural or finished grade, whichever is
higher.
Not applicable. The Applicant is not proposing to develop affordable housing units.
d) The proposed units shall be deed-restricted as `for sale" units and transferred to qualified
purchasers according to the Aspen/Pitkin County Housing Authority Guidelines. The owner
may be entitled to select the first purchasers, subject to the aforementioned qualifications,
with approval from the Aspen/Pitkin County Housing Authority. The deed restriction shall
authorize the Aspen/Pitkin County Housing Authority or the City to own the unit and rent it
to qual~ed renters as defined in the Affordable Housing Guidelines established by the
Aspen/Pitkin County Housing Authority, as amended
The proposed unfits may be rental units, including but not limited to rental units owned by an
employer or nonprofit organization, if a legal instrument in a form acceptable to the City
r
>.
Attorney ensures permanent affordability of the units. The Ciry encourages affordable
housing units required for lodge development to be rental units associated with the lodge
operation and contributing to the long-term viability ofthe lodge.
Units owned by the Aspen/Pitkin County Housing Authority, the Ciry of Aspen, Pitkin
County or other similar governmental orquasi-municipal agency shall not be subject to this
mandatory `for sale"provision.
Not applicable. The Applicant is not proposing to develop affordable housing units so the
deed restriction of "for sale" units does not pertain.
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
STATE OF COLORADO )
ss.
County of Pitkin )
1 ~..p~~ _~cs(' ~1 (name, please print)
being or representing an Applicant to the City of spen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26304.060
(E) of/the Aspen Land Use Code in the following manner:
Publicatio~z 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 heazing. 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 iir
height. Sand notice was posted at least fifteen (15) days prior to the public hearing
and was continuously visible frorn the _ day of , 200_, to
and including the date and time of the public heazing. A photograph of the posted
notice (sign) is attached Ixereto.
1vlailing 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 heazing, 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
appeazed no more than sixty (60) days prior to the date of the public heazing. A
copy of the owners and governmental agencies so noticed is attached hereto.
(continued on next page)
Mineral Estate Owner Notice. By the certified mailing of notice, return receipt
requested, to affected mineral estate owners by at least thirty (30) days prior to
the date scheduled for the initial public hearing on the application of
development. The names and addresses of mineral estate owners shall be those
on the current tax records of Pitkin County. At a minimum, Subdivisions that
create more than one ]ot, Planned Unit Developments, Specially Planned Areas,
and COWAPs aze subject to this notice requirement.
Rezoning or text amendment.: Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall be
waived. However, the proposed zoning map shall be available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public heazing on such amendments.
Signature
The foregoing "Affidavit of Notice" was acknowledged before me this ZZ day
of _~b-cS- , 2008, by ~rr~c,rLQ~. Sccaf 2-~
PUBLIC NOTICE
RE'KENIGHI REMODELn 533 EppppppST HOPKINf WITNESS MY HAND AND OFFICIAL SEAL
AVE, GROWTH MANAGEMENTVIEW OF A
FORDABLE HOUSING
NOTICE IB HEREBY GIVEN that public hearing
will be held on Tuaedey. Janu y 6. 1809, et a
p / - ~ ~ o
My co -scion a pires: 'J1
meetin9lo bnln et <:3g p.m- tO Sia er
Ci~s
Planning end Zoning Gommieslon,
Meeting Room, City Hall, 130 5. Gelana SL, As-
pen, to conlnoe533 Eaet Hopkins Aven eOASpen,
chi Aspen, -.
ant is pro
li
n
c
GO 01611. The App
242
9oss square
me existing restaurant space by g
ant Is requesting the following tle-
li
Notary P blie
c
feet. Tne App
„o ~nment aoorovaC Growth Management Ouota
s/ eJ Erspamer
Aspen Pla(plneening and Zoninq Commission
berb2l 2008 (2]2950]1 Tlmes Weakly on Decem-
TTACHMENTS AS APPLICABLE:
7BLICATION
CORY J.
GARSKE
)F THE POSTED NOTICE (SIGN) '~
- ~ml yr ~TiE OWNERSAND GOVERNMENTAL AGENCIES fNl~'ib~B~~s X112
BYMAIL
• APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE
AS REQUIRED BY C.R.S. §24-65.5-103.3
ATTACHMENT?
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AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
533 EAST HOPKINS AVENUE
ADDRESS OF PROPERTY: __ ,Aspen, CO
SCHEDULED PUBLIC HEARING DATE: JANUARY 6 , 200 9
STATE OF COLORADO )
ss.
County of Pitkin )
I, ADAM ROY, DAVID JOHNSTON ARCHITECTS (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:
X 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 7 9 day of
DECEMBER , 200 8, to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
X Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (I S) 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)
.,.
X 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 dng all business hours for fifreen (15) days
prior to the public hearing on such en ents.
~,
The fo~~gggoing "Affidavit of Notice" was ac owled$$~~d before me this ~ q day
of oU~~CPlYn.~}I/I , 200, by ~ ~'}C~Q~i~j
WITNESS MY HAND AND OFFICIAL SEAL
l~ 'Zo/~
KAF21 AAENG
NOTARY PUBLIC
crarc nr crv noq
ber 16, 2012
ATTACHMENTS:
COPY OF THE PUBLICATION
PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
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517 EAST HOPKINS AVENUE LLC
517 E HOPKINS AVE
ASPEN, CO A1611
530 HOPKINS LlC
800 E HOPKINS AVE #B-5
ASPEN, CO 81611
633 SPRING II LLC
PO BOX 1709
ASPEN. CO 81811
ARCADES ASSOCIATES LTD LLC
CIO KRUGER 8 CO
400 E HYMAN AVE
ASPEN,CO 81611
ASPEN MAIN STREET PROPERTIES LP
14881 OUORUM DR #200
DALLAS, TX 75254
BALDW IN RAREFY A II
205 S GALENA ST
ASPEN, CO 81611
BPOE ASPEN LODGE #224
210 S GALENA ST #21
ASPEN,CO 81611
CITY OF ASPEN
ATTN FINANCE DEPT
130 S GALENA ST
ASPEN, CO 81611
EXELCEDAR INC 20
534 E HYMAN AVE
ASPEN, CO 81811
GODIVA HOLDINGS LLC
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ASPEN,CO 81811
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801 E HOPKINS AVE
ASPEN, CO 81617
633 SPRING LLC
CIO GARFIELD 8 HECHT PC
601 E HYMAN AVE
ASPEN,CO 81611
ARCHDIOCESE OF DENVER
SAINT MARYS
1300 S STEELE ST
DENVER,CO BD210
AUSTIN LAWRENCE CONNER LLC
532 E HOPKINS AVE
ASPEN, CO 81611
BASS CAHN 001 LLC
PO BOX 4080
ASPEN,CO 81812
BRAND BUILDING LLC
205 S GALENA ST
ASPEN, CO 81611
COLORADO CABLE 75 %
C!O S GOODMAN OR J M BARNETT
500 PRES CLINTON #310
LITTLE ROCK, AR 72201
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616 E HYMAN AVE
ASPEN, CO 81611
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C!O CHARLES CUNNIFFE
610 E HYMAN AVE
ASPEN, CO 81811
ALPINE BANK ASPEN
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GLENWOOD SPRINGS, CO 81602
ASPEN FIRE PROTECTION DISTRICT
420 E HOPKINS AVE
ASPEN,CO 81611
AVH MEADOWS LLC 20% INT
801 E HYMAN AVE
ASPEN, CO 81611
BEAU JEFF T
181 E 65TH ST
NEW YORK, NY 10021
CICUREL CARY
2815 N LAKEWOOD
CHICAGO, IL 60614
ELKS LODGE 224
210 S GALENA ST STE 21
ASPEN,CO 81611
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PO BOX 1247
ASPEN, CO 81812-1247
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514 E HYMAN AVE
ASPEN, CO 81611
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PO BOX 1086
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ROTHBLUM PHILIP 8 MARCIA
624 E HOPKINS AVE
ASPEN, CO 81611
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ASPEN, CO 81612
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ASPEN, CO 81812
MYSKO BOHDAN D
418 E COOPER AVE SUITE 200
ASPEN.CO 81811
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ASPEN,CO 81811
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CIO STEPHEN J MARCUS
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TAYLOR FAMILY INVESTMENTS CO
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TKG MANAGEMENT INC CIO
211 N STADIUM BLVD STE 201
COLUMBIA, MO 65203
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PO BOX 11486
ASPEN, CO 81812
WRIGHT CHRISTOPHER N
13 BRAMLEY RD
LONDON W106SP, UK
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2381 EXECUTIVE CENTER DR
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980 N MICHIGAN AVE #400
CHICAGO, IL 60611
MARCUS STEPHEN J 20°/a INT
801 E HYMAN AVE
ASPEN, CO 8161t
P 8 L PROPERTIES LLC
101 SOUTH 3RD 5T #380
GRAND JUNCTION, CO 81501
PITKIN COUNTY BANK 80%
5,74 E HYMAN AVE
ASPEN, CO 81611
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500 E MARKHAM STE 305
LITTLE ROCK, AR 72201
TROUSDALE JEAN VICK
811 E HOPKINS AVE
ASPEN, CO 81811
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AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.070, ASPEN LAND USE CODE
ADDRESS OF PROPERTY: 53 3
Aspen, CO
STATE OF COLORADO )
ss.
County of Pitkin )
I, ~~ ~~~'~`~1 (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) or Section
26.30/6'.010 (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 no later than fourteen (14) days
after final approval of a site specific development plan. A copy of the publication is
attached hereto.
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 no later than fifteen (15) days after
an Interpretation has been rendered. A copy of the publication is attached hereto.
Signature
The foregoing "Affidavit of Notice" was acknowledged b fore me this 2[~ day
of , 200 ~, by-~i~~ ~ r-C/\
PUBLI~NOTICE
DEVELOPMENT APPROVAL
WITNESS MY HAND AND O~F~F/ICIAL SEAL
My commission expires: U d l (~ ~ ~ 1 b
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Notary Public
ATTACHMENTS:
Draw Alexantleq at
Development Dept.
caa.atlo (wok
s/ Ciiy of Aspen
Publlshetl In the Aspen Times Weekly on January
18, 2009- (285380x)
COPY OF THE P UBLICATION
"av Commissian Ezpirea 0811012010
NOTICE OF APPROVAL
For Growth Management Review of a Minor Expansion of a Commercial, Lodge, or
Mixed-Use Development; Block 94; Lots G - I, City and Townsite of Aspen,
commonly known as 533 East Hopkins Avenue
Parcel ID No. 2737-07-3-40-004
APPLICANT: Kenichi Aspen, Inc.
REPRESENTATIVE: Adam Roy
SUBJECT & SITE OF AMENDMENT: Growth Management Review of a Minor
Expansion of a Commercial, Lodge, or Mixed-Use Development; HPC Approval for a
Certificate of No Negative Effect; and Exemption from Commercial Design Review for
Block 94; Lots G - I, City and Townsite of Aspen, commonly known as Kenichi, at 533
East Hopkins Avenue (Kenichi Restaurant).
SUMMARY:
The Applicant has requested approval for Growth Management. The Applicant requests
to remodel and expand the existing restaurant space by 242 gross sq. ft., of which 98 sq.
ft. is net leasable. The expansion involves moving the north fagade wall to be in line with
an existing structural column line. Due to the amount of expansion being less than 250
sq. ft. of net leasable (98 sq. ft. is being created), this qualifies the Application for
Administrative Growth Management Review for a Minor Expansion of Commercial,
Lodge, or Mixed-Use Development (see Section 26.470.060.5). The following criteria
apply for this review:
a) The expansion involves no more than 250 square feet of net leasable space or two
Hotel/Lodge units. The expansion involves no residential units. This shall be
cumulative and shall include administrative GMQS approvals granted prior to the
adoption of Ordinance No. 14, Series of 2007.
This type of development creates new net leasable area, thus incorporating the project for
Growth Management Review (see Chapter 26:471 of the City of Aspen Land Use Code).
Pursuant to Section 26.101.100, Definitions, Net leasable commercial and office space
are those areas within a commercial or office building which are, or which are designed
to be, leased to a tenant and occupied for commercial or office purposes, exclusive of any
area including, but not necessarily limited to, areas dedicated to bathrooms, stairways,
circulation corridors, mechanical areas and storage area provided, however, that
these areas are used solely by tenants on the site. Although the expansion at Kenichi
includes 242 gross sq. ft, not all of this can be counted towards new net leasable area.
Certain areas in the redevelopment that were previously used for customer seating and
.~. -~.
kitchen are being incorporated into lazger bathroom spaces. After this azea has been
calculated, the development at Kenichi creates 98 sq. ft. of new net leasable area.
The request for Growth Management approval for Affordable Housing was presented at
the Planning and Zoning Commission on January 6, 2009. Under Resolution 002-09, the
Planning and Zoning Commission approved the Applicants request to mitigate through
cash-in-lieu payment
Kenichi is located within the Commercial District, specifically the Commercial Core
Historic District, therefore all development in this area is under the purview of
Commercial Design Review. Also, due the location of Kenichi being within a Historic
District, the Applicant must request an issuance of a Certificate of No Negative Effect,
prior to any development. This certificate states that the development will have no
adverse effect on the physical appearance or character-defining features of a designated
property (see Section 26.415.070, Development involving designated historic property).
This certificate, and an exemption from Commercial Design review (due to minimal
impact) has been granted by the Historic Preservation Officer.
STAFF EVALUATION:
Staff supports the proposed expansion to Kenichi, and feels that the scope of the
development is minor and that it meets all of the criteria for review (see Exhibit B,
Review Standards).
DECISION:
The Community Development Director finds the request for a Minor Expansion of
Commercial Use to be consistent with the review criteria (Exhibit B) and thereby,
APPROVES the development as specified below.
The approved development request for Kenichi Aspen, Inc., allows for an additional
242 gross sq. ft. (98 net leasable) through the expansion of the north facade wall.
APPROVED BY:
is Bendon
Community Development Director
Attachments:
Exhibit A -Site Plan
Exhibit B -Renovation Plan
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Jennifer Phelan
From: Jennifer Phelan /
Sent: Wednesday, November 26, 2008 2:57 PM
To: 'adam@djarchitects.com'
Subject: Kenichi Application
Adam: I was out of town when the land use application was submitted for the above-referenced project, sorry in the
delay of getting back to you. In reviewing the application, I noticed that you did not calculate the affordable housing
requirement for the additional net leasable area being developed. An increase in net leasable area requires affordable
housing mitigation pursuant to section 26.470.050 B.S. of the Land Use Code. As a result of the affordable housing
requirement, the affordable housing mitigation (whether an actual built unit orcash-in-lieu) is reviewed at a public
hearing before the Planning and Zoning Commission. You will need to amend your application to incorporate the review
by the Planning and Zoning Commission.
Additionally, I did not see a survey included in the application. We can waive the requirement for a survey and since the
addition is in the center of the lot, I'm okay with it; however, I need you to verify that there are no easements, etc. that
will affect the proposed addition.
Please feel free to contact me if you have questions. You may want an updated pre-app based on the affordable housing
component.
Jeru1;,~er ~helaw, AICP
Deputy Director
Community Development Department
City of Aspen
130 S. Galena Street
Aspen, CO 81611
PH: 970.429.2759
FAX: 970.920.5439
www.asoenoitkin.com
,., --.
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. Afrer
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.
Asaen Plaza LLC 533 E Hopkins Avenue Aspen CO 81611
Property Owner's Name, Mailing Address
Block 94• Lots G - I City and Townsite of Aspen, 533 East Hopkins Avenue
Legal Description and Street Address of Subject Property
~roval of a 242 gross sq. ft. (98 sq. ft. of new net
tten Description of the Site Specific Plan and/or Atta
to the north faFade wall
Describing Plan
Approval by the City of Aspen Planning and Zoning Commission for the Growth Management
review of Affordable Housing (through acash-in-lieu payment) under Resolution 002-09,
January 6 2009• Administrative approval of Growth Manaeement for a Minor Expansion of a
Commercial Lodge or Mixed-Use Development• HPC approval for the Certificate of No
Negative Effect; and Exemption from Commercial.D~sign Review; January 6, 2009
Land Use
and Dates (Attach Final;(i)rdinances or
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January 18 2009
Effective Date of Development Order (Same as date of publication of notice of approval.)
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 18`" day of January, 2009, by the City of Aspen Community
Chris Bendon, Community Development Director
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^Ohi~ =i<~ENT
KENICHI RESTAURANT RENOVATION
Growth Management Quota System Review of
Affordable Housing Application
., ~.
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Application for GMQS Review of a cash-in-
,~ lieu payment for Affordable Housing
mitigation for the Aspen Plaza Building at
„ 533 East Hopkins Avenue in
,, Aspen, Colorado
Submitted by:
"
Kenichi Aspen, Inc.
y 533 East Hopkins Avenue
Aspen, CO 81611
970.920.2212
"
12.12.2008
" Prepared by:
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David Johnston Architects, pc
418 East Cooper Avenue, #206
Aspen, CO 81611
970.925.3444
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TABLE OF CONTENTS
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I. INTRODUCTION ..................................................................................1
II. BACKGROUND ..................................................................................2
III. RENOVATION PROPOSAL ...............................................................4
A. Exterior Expansion ....................................................................4
B. Interior Renovation ...................................................................6
1. Kitchen ............................................................................................ 7
2. Dinning Area/Sushi Bar .................................................................. 7
3. Restroom Area ................................................................................ 7
4. EntranceBar Area .......................................................................... 7
IV. REGULATORY REQUIREMENTS ....................................................9
A. Growth Management Review of Affordable Housing .............9
Appendix A -APPLICATION DOCUMENTS .......................................... A
Appendix B -SITE & DESIGN DOCUMENTS ........................................ B
7
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INTRODUCTION
.~A
The intention of this application is to request approval from the Planning and Zoning
Commission (the "Commission") for a Growth Management Quota System ("GMQS")
review of Affordable Housing for a minor renovation and expansion of the Kenichi
~,
Restaurant space in the Aspen Plaza Building at 533 East Hopkins Avenue in the City of
Aspen, Colorado (Legal Description -LOTS G, H AND I, BLOCK 94, CITY AND
TOWNSITE OF ASPEN).
This application is submitted pursuant to Title 26, Land Use Regulations, of the Aspen
Municipal Code (the "Code") by the ownership of Kenichi Restaurant, Kenichi Aspen,
Inc (the "Applicant"). A Commitment of Title Insurance disclosing the ownership of the
property as Aspen Plaza, LLC (the "Ownership") along with a signed agreement by the
Ownership approving the proposed renovation and allowing Kenichi Aspen, Inc to serve
as the Applicant for the purposes of this application are included as Exhibits 1 and 2
respectively in Appendix A. Permission for David Johnston Architects, pc to represent
'~ the Applicant is attached as Exhibit 4 in Appendix A. The Pre-Application Conference
Summaries, The Moratorium Exemption Approval, The Land Use Application Form, the
~ Dimensional Requirement Form, the Agreement for Payment Fee Form and a List of
~ Adjacent Property Owners are attached in Appendix A as Exhibits 5-11 respectively.
+r
This application packet is organized in sections to provide the reviewer(s) with easy
+ reference to the requested material included in the following sections:
^ Background on the property and status of the currently proposed improvements
as well as a description of any correspondence that has occurred between the
~ Applicant and the Community Development Department;
' Renovation Proposal outlining the scope of the improvements and
+ corresponding architectural drawings of the changes that will be undertaken for
this project;
• Regulatory Requirements identifying how the applicant is compliant with the
^ mitigation requirements of a Growth Management review of Affordable
Housing and which are specific to the Commission's review of this project.
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., All related application, site and design documents for the Commission's review of the
.,, application for the Growth Management Review of Affordable Housing are included in
~. appendices at the back of this application packet.
.. II. BACKGROUND
An initial pre-application conference with City of Aspen planning staff was held on
y January 15, 2008, identifying three potential expansion scenarios for the project, the
second of which is being sought and includes a two hundred forty-one square foot (241
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sq. ft.) gross floor area expansion by moving the north facade wall in line with an existing
..
structural column line (see pre-application conference summary dated 1.15.2008, Exhibit
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5, Appendix A). The pre-application summary concluded that pursuant to Section
26.470.060.5, Minor Expansion of a Commercial, Lodge or Mixed-Use Development, this
proposed renovation scenario falls under Administrative Growth Management Review
• because the expansion is less than 250 sq. ft. of net leasable commercial space.
r
Additionally, the proposed renovation was qualified as a Minor Development for HPC
review, pursuant to Section 26.415.070.0, Certificate of Appropriateness for a Minor
a
Development, because it is less than 250 sq. ft. of commercial space. However, following
a review by the Community Development Director, it was determined that a Historic
Preservation application for a Certificate of No Negative Effect should be submitted for
review. The Historic Preservation Application has been submitted prior to this review
application.
Following submission of the initial Land Use application that included only material for
an administrative GMQS Review pursuant to the directive of the initial Pre-Application
Conference, planning staff determined that an additional application for a third review,
Growth Management review of Affordable Housing, which is subject to public hearing
for a review in front of the Planning and Zoning Commission must also be submitted (see
pre-application conference summary dated 12.5.2008, Exhibit 6, Appendix A). The pre-
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application conference summary offered two options for review: combine both growth
management reviews, allowing the commission to hear and move on both; or have the
• growth management review for the Minor Expansion of a Commercial, Lodge, or Mixed-
I
2
y sue.
Use Development approved administratively and the growth management review for
Affordable Housing approved through a Commission hearing and review. The latter
option is being pursued and therefore, this application packet only includes the applicable
,~ material for a growth management review of Affordable Housing.
,.
The Aspen Plaza Building is located in the Commercial Core ("CC") zone district and
within the boundaries of the Historic District. Based on the existing moratorium on
development in the CC zone district in place at the time of initial application, and adopted
through Ordinance 51, Series of 2006, an exemption for this proposed project was sought
and granted by the Community Development Director on September 11, 2008 (see
Exhibit 7, Appendix A). The improvements approved through the exemption include a
two hundred forty-one square foot (241 sq. ft.) gross floor azea expansion and an interior
J remodel, each of which are intended to improve patron flow, service circulation, kitchen
efficiency and general health and safety. The exemption was granted on the basis of item
in Subsection 2e of the Ordinance that allows an exemption for "minor improvements to
a business's existing space; and, which does not substantially alter the intensity of the
use." The qualification used for a minor improvement for a commercial space is found in
Section 26.470.060.S.a. of the Land Use Code, which identifies an expansion as minor if
it is "no more than two hundred fifty square feet (250 sq. ft.) of net leasable space." As
the proposed improvements aze intended to enhance the use and function of an already
confined restaurant space, no substantial increase in use intensity will result.
Furthermore, the expansion is only a minor shift in the northern fagade window and
. entrance wall, aligning it with the column line supporting the structure above; there will
be no new structure in site area that was previously `open to the sky above' (Exhibits 3 &
4, Appendix B).
Included in the approval for the moratorium exemption, the Community Development
Director identified that a Commercial Design Review, pursuant to Chapter 26.412.020 of
the Code, must also be submitted; specifically, the incorporation of an airlock into the
design of the expansion was noted. The applicable criteria for the Commercial Design
Review were included within the administrative application for growth management
review.
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,~, III. RENOVATION PROPOSAL
The proposed renovation of the Kenichi Restaurant space consists of a two hundred
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forty-two square foot (242 sq. ft.) expansion of gross square footage, of which two
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hundred thirty-five square feet (235 sq. ft.) are gross interior floor azea and ninety-eight
square Feet (98 sq. ft.) are additional net leasable area, and an interior remodel (see
~.
Exhibits 2-9, Appendix B).
A. Exterior Expansion
The proposed expansion will be achieved by moving the northern facade
T window wall to the north, aligning it with centerline of the columns supporting the
structure above (see Exhibits 2-9, Appendix B). There will be no new structure in
site area that was previously `open to the sky above.' Through a title and survey
review, it is concluded that no easements aze in place in the expansion area. The
new exterior elevation associated with the expansion will be comprised of a glazed
curtain wall, serving a similar function and of similar material composition to the
existing conditions with the addition of contemporary materials at the entrance to
set it off from the remaining facade. There will be minimal reduction of glazing as a
result of the expansion, retaining more than sixty percent (60%) of the north fagade
surface area as glazing. To accommodate the airlock recommended by the
Community Development Director, the gross floor area of the expansion was
increased one square foot (1 sq. ft.) beyond the originally proposed two hundred
forty-one square feet (241 sq. ft.) that was identified in the pre-application
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conference summary and the moratorium exemption request letter. The additional
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square footage of the design allows for the incorporation of the airlock into the floor
plan without substantial burdening the efficiency of patron and wait staff flow to the
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~ interior of the entrance -the intended purpose of the expansion and renovation at
the project's inception. The additional square foot also allows the entrance element
to be expressed proud from the facade, articulating the entrance to the restaurant,
without burdening the exterior pedestrian flow. An awning over the entrance
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.~ element, similar to the existing awning, will be incorporated into the new design in
order to shed water and announce the entrance to the restaurant. Because the
,. additional square footage does not surpass the two hundred fifty square foot (250
sq. ftJ threshold fora "minor improvement," the adjustment should not invalidate
.. the prior recommendations and approvals for this application.
A Table 1 below identifies the site and building data and calculations of existing
..
and proposed areas relevant to this application. With a lot size of 9,028 squaze feet
and its location in the CC zone district, the maximum FAR for this property is 2:1,
allowing 18,056 square feet (Section 26.710.140.D.1 l.a of the Code). The existing
gross floor azea of the property applicable to FAR calculations is 11,401 square
feet. The gross square footage of the building was identified through the Pitkin
County Assessor's office and verified in the field and through "take-off'
,_ measurements using the most current floor plans of the building and calculated
pursuant to Section 26.575.020.A.1 of the Code. The proposed addition of 242 sq.
A ft. results in a proposed gross square footage of 11,643 sq. ft. for the building as a
,, whole, well within the allowable FAR for the property. The existing Net Leasable
Area for the building was not calculated; however, it was determined through the
,, Ownership that no approvals for additional Net Leasable Commercial Area,
~, administrative or otherwise, have been sought or granted since the building's
., original construction, including the calendaz year of 2008 (Exhibit 3, Appendix A).
Net Leasable Area calculations for the subject space aze identified in Table 1
~. below and represented in Exhibit 6, Appendix B, Floor Area Calculation Plan. The
existing gross interior floor area of the Kenichi Restaurant space is 2,839 squaze
feet, with 125 square feet dedicated to bathroom facilities, resulting in an existing
Net Leasable Area of 2,714 squaze feet. The proposed gross interior floor area with
the addition of the two hundred thirty-five square foot (235 sq. ft.) gross interior
floor azea expansion is 3,074 squaze feet. With an increase of floor area dedicated to
a
bathroom facilities of two hundred thirty-two square feet (232 sq. ft.) and the
addition of the thirty squaze feet (30 sq. ft) of circulation space associated with the
required airlock, the resulting proposed Net Leasable Area is 2,812 square feet.
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Therefore, the net increase in Net Leasable Area associated with the project is
ninety-eight squaze feet (98 sq. ft.).
Table 1. Proposed Project Data and Calculations
Site Data
Existing Lot Size (sq. ft.) 9,028
Allowable FAR (2:1) 18,056
Gross Floor Areas
Existing Gross Floor Area of Building (sq. ft.) 11,401
Pro osed Gross Floor Area of Buildin s . ft. 11 643
Total Additonal Gross Floor Area of Building (sq. ft.) 242
Existing Gross Interior Floor Area of Kenichi Space (sq. ft.) 2,839
Pro osed Gross Interior Floor Area of Kenichi S aces . ft. 3 074
Total Additonal Gross Interior Floor Area of Kenichi Space (sq. ft) 235
Existing Net Leasable Area Calculations for Kenichi
Existing Gross Interior Floor Area of Kenichi Space (sq. ft.) 2,839
Existing Floor Area dedicated to bathrooms (sq. ft.) (125)
Existin Floor Area dedicated to circulations . ft. 0
Existin Net Leasable Area of Kenichi Space (sc) ft) 2,714
^ n f,., .
Proposed Net Leasable Area Calculations for Kenichi Sp ace
Proposed Gross Interior Floor Area of Kenichi Space (sq . ft.) 3,074
Proposed Floor Area dedicated to bathrooms (sq. ft.) (232)
Pro osed Floor Area dedicated to circulations . ft. 30
Pro osed Net Leasable Area for Kenichi S aces . ft. 2 812
Pro osed Additonal Net Leasable Area for Kenichi S aces . ft. 98
B. Interior Renovation
The interior remodel includes a redesign of the kitchen, the dinning azea/sushi
bar, the restroom area and the entrance/baz area -each of which are intended to
increase efficiency, flow, ADA accessibility and general health and safety of
patrons and employees alike (see Exhibits 3 and 4, Appendix B).
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v 1. Kitchen
f"*v
The kitchen remodel consists of an update to all equipment, appliances
„~ and mechanical systems, increasing energy efficiency while minimizing space
requirements and improving kitchen and wait staff flow and safety. The
~^
„~ remodel allows for greater circulation space and minimizes conflict between
,~ kitchen staff and wait staff as food orders aze picked up. Congestion at the
., kitchen entrance is also minimized with the added circulation space between
the kitchen doors, the sushi baz and the drink bar.
2. Dinning Area/Sushi Bar
"' The added square footage from the expansion of the restaurant allows for
greater circulation space within and between the dining room and sushi bar
" azeas. In the dining room, all table and booths are being reconfigured and
replaced with updated furnishings to enhance the patron's experience. The
sushi bar is also being reconfigured to provide greater space for diners as well
as minimize the conflict between wait staff pick ups and patrons seated at the
sushi bar. Congestion resulting from an existing "bottleneck" condition where
W the sushi bar, the kitchen door and the drink bar all converged will be
eliminated in the new design, improving the safety and flow of wait staff.
- 3. Restroom Area
.. The existing Tatami Room at the southeast corner of the restaurant is
being removed and replaced by lazger and more accommodating restroom
- facilities. The proposed design of the new restrooms will provide greater
capacity as well as offer ADA accessibility.
4. EntranceBar Area
The conflict of uses that currently exists between the restaurant entrance,
the waiting area and the bar area will be reduced by the square footage gained
,.
through the expansion. The additional space will also allow for the inclusion
of an ADA accessible airlock at the entrance, providing greater energy
efficiency to the restaurant space, while minimize the impact of the exterior
~. climate on patrons' comfort.
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,. IV. REGULATORY REQUIREMENTS
q The proposed renovation is subject to an administrative Growth Management Quota
System review for Minor Expansion of a Commercial, Lodge or Mixed-Use Development
as well as a final Commercial Design Review. The requirements for each of these
reviews are addressed in administrative Growth Management review application
submitted supplemental to this application directly to the Community Development
Director. The requirements relevant to a Growth Management Review of Affordable
Housing are discussed in this section of this application.
A. Growth Management Review of Affordable Housing
M Pursuant to Subsection 26.470.060.5, Minor Expansion of a Commercial,
a Lodge or Mixed-Use Development, this application should be reviewed
administratively by the Community Development Director because the proposed
expansion involves no more than two hundred fifty (250) square feet and does not
involve any residential units. The administrative review by the Community
Development director is to be based on the General Requirements of Section
26.470.050. The requirements applicable to the Growth Management review of
Affordable Housing for this proposed renovation are summarized below.
1. Unless otherwise specified in this Chapter, sixty percent (60%) of the
employees generated by the additional commercial or lodge development,
according to Subsection 26.470.IOO.A, Employee generation rates, are
mitigated through the provision of affordable housing. The employee
generation mitigation plan shall be approved pursuant to Paragraph
26.470.070.4, Affordable housing, at a Category 4 rate as defined in the
' Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant
a may choose to provide mitigation units at a lower category designation.
_ The proposed project will provide mitigation for sixty percent (60%) of
the employees generated by the expansion and interior remodel and the
calculations identifying the required mitigation are located in Table 2
below and discussed further in the following items.
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~. 2. Subsection 26.470.070.4, Affordable housing, the development of
affordable housing deed-restricted in accordance with the Aspen/Pitkin
"' County Housing Authority Guidelines shall be approved, approved with
.. conditions or denied by the Planning and Zoning Commission.
Although the application is administrative, the mitigation for affordable
,W housing requires that the approval move beyond the administrative
review authority of the Community Development Director and shall be
approved, approved with conditions or denied by the Planning and
Zoning Commission. The affordable housing mitigation required for this
.. project is in accordance with the Aspen/Pitlcin County Housing Authority
Guidelines as identified in the items below and in Table 2.
3. Subsection 26.470.100.A, Employee generation and mitigation, whenever
' employee housing or cash-in-lieu is required to mitigate for employees
.. generated by a commercial or lodging development, there shall be an analysis
and credit for employee generation of the existing project, prior to
redevelopment, and an employee generation analysis of the proposed
» development. The employee mitigation requirement shall be based upon the
incremental employee generation difference between the existing development
and the proposed development.
Furthermore, pursuant to subsection 26.470.100.A.1, Employee Generation,
' 4.1 Employees are generated per 1, 000 square feet of net leasable space in
the Commercial Core (CC) zone district... For commercial net leasable space
within basement or upper jloors, the rates quoted above shall be reduced by
' twenty-five percent (25%) for the purpose of calculating total employee
» generation.
»
The calculations for the following analysis are presented in Table 2,
Affordable Housing Mitigation Calculations, below. In the Commercial
Core (CC) zone district, the employee generation rate, pursuant to
,. Section 26.470.100.A.1 is 4.1 emplovees per 1,000 square feet of net
leasable area. In accordance with the Code's definitions of Basement
r Floor/SubgradeArea (Section 26.104.100) the employees generated by any
,~ expansion of the Kenichi Restaurant space should be reduced by 25%,
.. pursuant to Subsection 26.470.100.A.1, resulting in the generation of 3.08
„ emplovees per 1,000 square feet of net leasable area for the purposes of
~. this analysis.
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.. As a result of the Net Leasable Area calculations presented in Table 1 of
.~ this application, ninety-eight square feet (98 sq. ft.) of newly added floor
.. area must be mitigated for affordable housing, resulting in the generation
.. of 0.30 emplovees.
..
Pursuant to Subsection 26.470.OSO.B.S, sixty percent (60%) of the
employees generated by the additional net leasable area must be
..
mitigated against through the provision of affordable housing, ultimately
resulting in the generation of 0.18 emnlovees from the ninety-eight square
foot (98 sq. ft.) expansion of net leasable area for the Kenichi Restaurant
.. space renovation.
' 4. Subsection 26.470.070.4.x, the proposed units must comply with the
Guidelines of the AspenlPitkin County Housing Authority. A recommendation
from the Aspen/Pitkin County Housing Authority shall be required for this
standard The Aspen/Pitkin County Housing Authority may choose to hold a
public hearing with the Board of Directors.
A letter addressing the mitigation plan for this project has been sought
and provided to Community Development by the Aspen/Pitkin County
Housing Authority. Pursuant to Subsection 12.3, Payment-In-Lieu, of the
.. current Aspen/Pitkin County Affordable Housing Guidelines, a payment-
„ in-lieu amount of $130,213.00 is required to mitigate affordable housing
~ for a single Category 4 employee, the amount of which is used for the
calculation of the cash-in-lieu payment in Table 2 of this section.
5. Subsection 26.470.070.4.b, affordable housing required for mitigation
purposes shall be in the form of actual newly built units or buy-down units...If
+ the mitigation requirement is less than one (1) full unit, a cash-in-lieu
payment may be accepted by the Planning and Zoning Commission upon a
" recommendation from the Aspen/Pitkin County Housing Authority.
"~ Because the affordable housing mitigation for this project requires less
~ than one unit, acash-in-lieu payment is being sought and a request for
~ approval made to the Aspen/Pitkin County Housing Authority. The cash-
in-lieu payment of $23,544.00, which is proportional amount of the
r required $130,213.00 for a Category 4 employee for to the generation of
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0.18 employees, will be provided to satisfy the affordable housing
mitigation requirements.
Table 2. Affordable Housing Mitigation Calculations
Total Additonal Gross Interior Floor Area (sq. ft.) 235
Less additional Area for Restrooms (sq. ft.) (107)
Less additional Area for Circulation Airlocks . ft. 30
Net Leasable Area Applicable to Afforadable Housing Mitigation (sq. fr.) 98
. ,...
Number of Employees generated per 1000 sq. ft. in CC zone district 4.1
25% reduction for net leasable space located within a basement level 3.08
Number of Employees Generated by Expansion: 98 sq. ft. / 1000 sq. ft. 0.30
60% of Employees Generated 0.18
for Affordable
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APPENDIX A -
Exhibit 1.
Exhibit 2.
Exhibit 3.
Exhibit 4.
Exhibit 5.
Exhibit 6.
Exhibit 7.
Exhibit 8.
Exhibit 9.
Exhibit 10.
Exhibit 11.
~.
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APPLICATION DOCUMENTS
Disclosure of Ownership
Ownership Approval Letter
No Additional Net Leasable Area Approval Letter
Applicant Representation Letter
Pre-Application Conference Summary from 01.15.2008
Pre-Application Conference Summary from 12.05.2008
Moratorium Exemption Request/Approval
Land Use Application
Dimensional Requirements Form
Application Fee Payment Agreement Form
Mailing List of Adjacent Properties Owners
A
r°, !-~.
r EXHIBIT 1
' COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: October 14, 2008 at 5:00 AM Case No. PCT22303L
2. Policy or Policies to be issued:
(a) ALTA Owner's Policy-(6/17/06) Amount$ 0.00
Premium$ 0.00
Proposed Insured: Rate:
PROFORMA
(b) ALTA Loan Policy-(6/17/06) Amount$ 0.00
- Premium$ 0.00
Proposedlnsured: Rate:
(c) ALTA Loan Policy-(6/17/06)
Proposedlnsured:
Amount$
Premium$
Rate:
3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the
effective date hereof vested in:
ASPEN PLAZA, LLC, A COLORADO LIMITED LIABILITY COMPANY
4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is
described as follows:
LOTS G, H AND I,
BLOCK 94,
CITY AND TOWNSITE OF ASPEN
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS, ASPEN, CO. 81611
970-9251766 Phone/970-925-6527 Fax
" 87 7-21 731 5 8 Toll Free
AUTHORIZED AGENT
Countersigned:
Schedule A-PG.1
This Commitment is invalid
unless the Insuring
Provisions and Schedules
A and B are attached.
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SCHEDULE B -SECTION 7
REQUIREMENTS
The following are the requirements to be complied with:
ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the
estate or interest to be insured.
ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly
filed for record to-wit:
W 1. Copy of the Registration duly stamped by the Secretary of State of the State of COLORADO evidencing
registration of ASPEN PLAZA, LLC and Statement of Authority and a copy of the Operating Agreement of
' ASPEN PLAZA, LLC evidencing the names and addresses of the Members and/or Managers authorized
,,, to act on behalf of said Limited Liability Company.
__ THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A
CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE
.. EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO
MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS AS DEEMED NECESSARY. THE
RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS
ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION
CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED
WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECTAND THE COMPANY
IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE.
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SCHEDULE B SECTION 2
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to
the satisfaction of the Company:
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. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public
records or attaching subsequent to the effective date hereof but prior to the date the proposed insured
acquires of record for value the estate or interest or mortgage thereon covered by this Commitment.
6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer
„ service or for any other special taxing district.
.. 7. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59 at Page
16 & 148 providing as follows: "That no title shall be hereby acquired to any mine of gold, silver, cinnabar
.. or capper or to any valid mining claim or possession held under existing laws".
8. All ore and mineral bearing rock as reserved in instruments recorded in Book 98 at Pages 472 and 497
and Book 154 at Page 437.
9. Terms, conditions, provisions and obligations as set forth in TENANCY-IN-COMMON AGREEMENT
recorded October 13, 2000 as Reception No. 447908.
10. All existing leases and tenancies.
11. Deed of Trust from :ASPEN PLAZA, LLC, A COLORADO LIMITED LIABILITY COMPANY
To the Public Trustee of the County of PITKIN
For the use of : U.S. BANK N.A.
Original Amount : $4,150,000.00
Dated :January 5, 2006
Recorded :January 6, 2006
Reception No. :519390
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° '~ ~` EXHIBIT 2
° ASPEN PLAZA COMPANY, LLC.,
P.O. BOX 1709
ASPEN, COLORADO 81612
_ (970)925-7615
(970) 920-3693 FAX
NOVEMBER u, 2008
CHRIS BENDON
° DIRECTOR OF COMMUNITY DEVELOPMENT
CITY OF ASPEN
+ 13o SOUTH GALENA
. 3Rn FLOOR
ASPEN, C0.816u
RE; RENOVATION OF KENICHI OF ASPEN RESTAURANT
DEAR CHRIS:
THE ASPEN PLAZA COMPANY, LLC, HEREBY GIVES PERMISSION TO KENICHI
° ASPEN INC., LOCATED AT 533 EAST HUPKINS AVENUE, ASPEN, COLORADO,
TO ACT AS THE APPLICANT ON THE AFOREMENTIONED RENOVATION.
THE ASPEN PLAZA COMPANY, LLC, HEREBY GIVES PERMISSION FOR KEN[CHI
ASPEN, INC., TO RENOVATE THE EXISTING RESTAURANT SPACE ACCORDING
TO THE ENCLOSED PLAN.
IF THERE ARE ANY OTHER CONCERNS, PLEASE CONTACT US AT THE ABOVE
NUMBERS.
VERY TRULY YOURS,
ASrP1EN PLAZA COMPANY, LLC.,
STEPHEN J. CUS
GENERALPARTER
MANAGING PARTNER
~. .-,
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y ASPEN PI.A7.A COMPANY
P.U. BOX i7o9
' ASPEN, COLORAllO Sibiz
(970) 9z5-76~5
.. (970) 920-3693 FAX
DECEMBER 8, 2008
J TU WHOM TT MAY CONCERN:
THE ASPEN PLAZA BUILDING HAS NOT ADDED ANY NET LEASEll SQUARE
`" FOOTAGE SINCE THE ORIGINAL BUILDING WAS BUILT, I BELIEVE THAT IT WAS
. IN 1979•
NO ADDITIONAL APPROVAIS HAVE BEEN SOUGHT OR PROVIDED FOR
ADDITIONAL NET LEASABLE AREA WITHIN THE SUBJECT BUILDING DURING
THE 2008 CALENDAR YEAR.
VERY TRULY YOURS,
ASPEN PLAZA COMPANY
STEPHE J. CUS
MANAGING PARTNER
EXHIBIT 3
,-~..
EXHIBIT 4
11.04.2008
Chris Bendon
Director of Community Development
City of Aspen
130 S. Galena Street, 3`d Floor
Aspen, CO 81611
Rc: Land Use Application Representation
Deaz Mr. Bendon
This letter is to serve as authorization for David Johnston Architects, pc to represent Kenichi
Restaurants with the proceedings for the application for Land Use and Historic Preservation
Reviews for the renovation to the Kenichi Restaurant space in the Aspen Plaza Building at
533 East Hopkins Avenue, Aspen, CO 81611. Representatives from David Johnston
Architects, aze authorized to act on the behalf of the ownership of the Restaurant for all
matters pertaining to the applications.
Please feel free to contact us if you have any further questions regarding this authorizing
letter.
Sincerely yours,
' Scott Brasington
Kenichi Aspen, Inc.
533 East Hopkins Avenue
' Aspen, CO 81611
970.920.2212
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n EXHIBIT 5
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Jessica Ganow, 429-2780 DATE: 1.15.2008
PROJECT: Kenichi Remodel
"" REPRESENTATIVE: Brian Beazley
,- David Johnston Architects
Tel: 925.3444
DESCRIPTION:
'~ The prospective Applicant is interested in remodeling and expanding the existing Kenichi Space at 534 East Hopkins Ave. The
remodel would include upgrades to the sushi bar and kitchen areas, and, according to the prospective applicant, would not
change the use or intensity of the operations at the restaurant. In order to move forward on the interior remodel, the prospective
'" applicant is required to submit a letter to the Community Development Director requesting an exemption from Ordinance 51,
Series 2006 under Section 2 Criteria a listed in the ordinance. This letter must outline the scope of work proposed for the interior
remodel and haw the remodel will impact the intensity of the existing use.
,, Because Ordinance 51 is in effect for the Commercial Core (CC zone district) until June 2008, no land use or HPC applications
may be made until the moratorium is lifted. Once the moratorium ends, the prospective applicant may make the land use and
HPC applications required for the expansion. The prospective applicant has outlined three (3) potential expansion scenarios;
each would require a Growth Management Review and a review by the Historic Preservation Commission because this is
located in the historic district. These proposed scenarios areas follows:
1. Cover the existing outdoor dining area located along Hunter to make it part of the in indoor dining area for a total
expansion of 408 sq. ft.,
2. Extend the existing north wall to increase the indoor dining area for a total expansion of 241 sq. ft., or
3. Cover an existing outdoor area near the western property line (cunently not used for outdoor dining) for a total
expansion of 221 sq. ft..
Pursuant to Section 26.470.060.5, Minor Expansion of a Commercial, Lodge, or Mixed-Use Development, Scenarios 2 and 3 fall
under an Administrative Growth Management Review because the proposed expansion is less than 250 sq. ft. of commercial
space. Scenario 1 exceeds 250 sq. ft. of additional commercial space, and would therefore be reviewed by the Planning and
-' Zoning Commission pursuant to Section 26.470.080.1, Expansion or New Commercial Development. This is a Major GMOS
Application to the Planning and Zoning Commission, and is therefore subject to competition for the Growth Management
Allotments. Further the major GMOS Application required for scenario 1 can only be made on February 15~h or August 15~^ of
each year.
Scenarios 2 and 3 qualify as Minor Development reviewed by HPC, pursuant to Section 26.415.070.0, Certificate of
w Appropriateness for a Minor Development, because they involve 250 sq. ft. of development or less. If Staff reviews these
proposals and finds that it does not meet the other criteria for a Minor review, then it would be considered an HPC Major
Development Review (26.415.070.D). Scenario 1 involves expansion of more than 250 sq. ft., and therefore constitutes a Major
Development, pursuant to Section 26.415.070.D, Certificate of Appropriateness for a Major Development. Minor reviews to the
HPC include one (1) step with HPC, while Major reviews to the HPC include two (2) steps with HPC.
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Relevant Land Use Code Section(s): 26.415 Development Involving Development in a Historic Overlay
26.470.060.5 Minor P&Z Growth Management Review: Minor Expansion
of a Commercial, Lodge, orMixed-Use Development
26.470.080.1 Major P8Z Growth Management Review: Expansion or New
Commercial Development
26.470.050 Growth Management General Requirements
26.600 Impact Fees
.~ ...
-~ 26.710.140 Commercial Core (CC) Zone District
htta:ilwww.asgenpitkin.comldepts1381citvcode.cfm
«. Review by: Note that the above scenarios all require 2 separate applications: one for the Growth Management
Review and one for the HPC Review.
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Scenario 1: Minor Applications to the Planning and Zoning Commission (the Major GMQS Review) require a deposit of
$1,470 for 6 hours of time. Major Applications to the Historic Preservation Commission require a deposit of $1,470.
Additional Staff time is billed at a rate of $245 per hour.
.. Scenarios 2 and 3: Applications to be reviewed Administratively (the Administrative GMQS Review) require a deposit of
.. $735 for 3 hours of time. Minor Applications to the Historic Preservation Commission require a deposit of $735. Additional
Staff time is billed at a rate of $245 per hour.
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
w 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.
^ 15 Copies of the complete application packet and maps.
HPC =12; PZ =10; GMC = PZ+5; CC = 7; Referral Agencies =1/ea.; Planning Staff =1
^ An 8112" by 11"vicinity map locating the parcel within the City of Aspen.
^ Site improvement survey including topography and vegetation showing the current status, including all easements
and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado.
(This requirement, or any part thereof, may be waived by the Community Development Department if the project is
determined not to warrant a survey document.)
^ A written description of the proposal and an explanation in written, graphic, or model form of how the proposed
development complies with the review standards relevant to the development application. Please include existing
conditions as well as proposed. List of adjacent property owners within 300' for public hearing
^ Copies of prior approvals.
'~ ^ Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of
the following digital formats. Compact Disk (CD}preferred, Zip Disk or Floppy Disk. Microsoft Word format is
preferred. Text format easily convertible to Word is acceptable.
y ^ 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 mayor may not be accurate. The summary
does not create a legal or vested right.
..
,~~," ~ EXHIBIT 6
- CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Jennifer Phelan, 429-2759 DATE: 12.5.2008
PROJECT: Kenichi Remodel
°' REPRESENTATIVE: Adam Roy
David Johnston Architects
Tel: 925.3444
DESCRIPTION:
The prospective applicant is interested in remodeling and expanding the existing Kenichi Space at 534 East Hopkins Ave. The
remodel would include upgrades to the sushi bar and kitchen areas, and, according to the prospective applicant, would not
change the use or intensiiy of the operations at the restaurant. Additionally, the Applicant is also proposing to bump-out the
recessed windows to create some additional space. In order to move forward on the interior remodel with a building permit
application, the prospective applicant is required m submit a letter to the Community Development Director requesting an
exemption from Ordinance 51, Series 2006. The Applicant has received approval from the Community Development Director to
apply for a building permit application; however, certain land use approvals are also necessary.
The prospective applicant has outlined has three land use reviews that need to be applied and approved prior to building permit
- submission.
1. Additional net leasable area (less than 250 sq. ft.) will be created with the remodel and requires a growth management
.. review for the Minor Expansion of a Commercial, Lodge, or MixedUse Development (subsection 26.470.060 5.).
2. The additional net leasable area generates additional employees in accordance with the growth management quota
system and requires a growth management review of Affordable Housing (subsection 26.470.070 4.).
3. The properly is located in an historic district, although not considered a contributing structure within the district. The
exterior changes to the building with the proposed "bump ouY' will change a portion of the facade and requires a
° Certificate of no negative effect (subsection 26.415.070).
The growth management review of Affordable Housing is reviewed and approved before the Planning and Zoning Commissbn
at a noticed public hearing. Staff recommends combining both growth management reviews, allowing the commission to hear
and move on both. Another option is to have the growth management review for the Minor Expansion of a Commercial, Lodge,
or Mixed-Use Development approved administratively. The Certificate of no negative effect is approved administratively.
°
Relevant Land Use Code Section(s): 28.415 Development Involving Development in a Historic Overlay
26.470.060.5 Administrative Growth Management: Minor Expansion of a
.. Commercial, Lodge, or Mixed-Use Development
26.470.050 Growth Management General Requirements
26.470.070.4 Minor P&Z Growth Management Review: Affordable
Housing
26.800 Impact Fees
26.710.140 Commercial Core (CC) Zone District
26.100 Definitions: Net Leasable Area
'" Sub-grade Area
htto:llwww.aspenpitkin.co mldeptsl381citvcode.cfm
° Public Hearing: Yes, before the commission at a noticed public hearing. Staff will publish notice in the newspaper; however
the applicant is responsible for posting and mailing notice.
To apply, submit the following information (for the public hearing before PtiZ):
^ Proof of ownership with payment.
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^ 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: $947.00 (supplement for P&Z review 735.00 and housing referral fee of
~' 212.00)
^
r 12 Copies of the complete application packet and maps.
HPC =12; PZ =10; GMC = P2+5; CC = 7; Referral Agencies =1/ea.; Planning Staff =1
-~ ^ 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
and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado.
~, (This requirement as discussed previously will be waived by the Community Development Department if the project
is determined not to warrant a survey document. Please submit a letter confirming there are no easements that are
being built upon).
_~, ^ A written description of the proposal and an explanation in written, graphic, or model form of how the proposed
development complies with the review standards relevant to the development application. Please include existing
conditions as well as proposed. List of adjacent property owners within 300' for public hearing
^ Copies of prior approvals.
^ Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of
the following digital formats. Compact Disk (CD}preferred, Zip Disk or Floppy Disk. Microsoft Word format is
preferred. Text format easily convertible to Word is acceptable.
"" ^ Applicants are advised that building plans will be required to meet the International Building Code as adopted by the
,~ City of Aspen, the Federal Fair Housing Act, and CRS 9.5.112. Please make sure that your application submittal
addresses these building-related and accessibility regulations. You may contact the Building Department at 920-
~' 5090 for additional information.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning,
which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary
do
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~ EXHIBIT 7
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DAVID IOHNSTON AR CHITECTSac
dr
'" 09.11.2008
..
Chris Bendon
' pirector of Community Development
,,, City of Aspen
I30 S. Galena Street, 3`d Floor
,,,, Aspen, COS 1611
..
Re: Kenichi Restaurant Renovation Moratorium Exemption Request
~.
..
Dear Chris:
. Following a meeting with planning staff, w•e believe the proposed minor improvements to the
Kenichi Restaurant space at 533 Bast Hopkins Avenue warrant an exemption to the current
moratm•ium in the CC zone district adopted through Ordinance 5l, Series of 2006 ("the
Ordinance"). 'flte proposed improvements include a nvo hundred forty-one (241) square foot
expansion and an interior remodel, each of which are intended to improve patron flow, service
circulation, and kitchen efficiency (see attached.Exhibits Aand B).
Item (e) in Section 2 of the Ordinance allows an exemption for "minor improvements to a
business' existing space; and, which does not substantially alter the intensity of the use." Our best
understanding of a minor improvement for a commercial space is found at Section 26.470.060.S.a
of the Land Use Code, which identifies an expansion as minor if it is "no more than hvo hundred
tifty (250) square feet of net leasable space."
,4s the proposed improvements are intended to enhance the use and function of an already
„~ confined restaurant space, no substantial increase in use intensity will result. Furthermore, the
expansion is only a minor shift in the northern fapade windov,~ wall, aligning it with the column
„~ line supporting the structure above; there will be no new structure in site area that was previously
`open to the sky above' (see attached Exhibit C).
r
Please contact me if you have any questions or need any clarifications. To confirm that our
,,, interpretation of the exemption language in the Ordinance is accurate and applies to our proposed
minor improvements, please sign the space provided below. Weiook forward to hearing from you
+ soon regarding this request.
a
Sincerely yours,
a
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Adam Roy, Planner ` - ~ - ~~~~~,~
~ David .lohnston Architects; pc Chris Bendon, pirector of Community Dee pment""" `
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ATTACHMENT 2 -LAND USE APPLICATION
EXHIBIT 8
Name: Keticl)i Renovation
Location: 533 East Hopkins Avenue, Aspen, CO. 81611
Indicate street address, lot & block number, le gal descri lion where a) ro xiate)
Parcel 1D # (RE UIRED) 273707340004
APPLICANT:
Name: Keuicli Aspen, Inc.
Address; 533 East Hopkins Avenue, Aspeu, CO. 81611
Phone #: 970.920.2212
Name: Adam Roy -David Johnston Architects, pc
Address: 418 East Cooper Street, #206, Aspen, CO. 81611
Phone #: 970.925.3444
TYI'F. OF APPLICATION: (please check all Chat apply):
^ GMQS Exemption ^ Concepmal PUD ^ Temporary Use
^ GMQS Allodnent ^ Final PUD (& PUD Amendment) ^ i'ext/Map Amendment
^ Special Review ^ Subdivision ^ Conceptual SPA
^ ESA - 8040 Greenline, Stream ^ Sulxlivision Exemption (includes ^ Final SPA (& SPA
Margin, Hallam Lake BIutI; condominiumization) Amendment)
Mountain View Plane
^ Commercial Design Review ^ Lot Split ^ Small Lodge Conversinni
Expansion
^ Residential Design Variance ^ Lot Line Adjustment ® Other. Grow[h vlanagement
Review of Affordable
EXISTING CONDITIONS: {description of existing buildings, uses, previous approvals, etc.)
BRICK COMMERCIAL BUILDING WI 2-STORIES ABOVE GRADE W/ OFFICE
AND COMMECIAL USES AND A BASEMENT LEVEL WI A RESTAURANT USE
'aoPOSAL: (descri tion of ro osed buildings, uses, modifications, etc.
;uF T~cD rii ~e r ns~Tno;slr~,~; 9VITII TIIE EaXIST~I(-i ~'.61bi411I1`I Ll?~.
,~
2) INTERIOR REMODEL OF FLOOR PLAN INCLUDING, KITCHEN BAR AND DINING
lave you attached the following? Fh:es Duf:: $$735.00
lJ Pre-Apphcahon Conference Summary
® Attachment #1, Signed Fee Agreement
® Response to Attachment #3, Dimensional Requirements Form
® Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards
^ 3-D Model for large project
All plans that are larger than $.5" X 11" must be folded. A disk with an electric copy of all written text
(Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an
electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model.
..
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ATTACHMENT 3 - Dimensional Requirements Form
Project: IKENICHI RENOVATION
Applicant: KENICHI ASPEN, INC
,.
Project 533 EAST HOPKINS AVE
Location: ASPEN, CO. 8161 I
Zone COMMERCIAL CORE
'~ District:
Lot Size: 9,000 SF
~" Lot Area: 9,000 SF
... (For the purposes of calculating Floor Area, Lot Area may be reduced for areas within
the high water mazk, easemen ts, and steep slopes. Please refer to the definition of Lot
Area in the Municipal Code.)
Commercial net leasable: Existing: Proposed:
Number of residential units: Existing: _0 Proposed: 0
Number of bedrooms: Existing: _0 Proposed: 0
y Proposed % of demolition: N/A
_. DIMENSIONS: (write n/a where no requirement exists in the zone di strict)
Floor Area: Existing: 11.401 SF Allowa b1e:18,000 SF Proposed: 11.643 SF
Hei ht
Principal Bldg.: Existing:_N/A_ Required: N/A Proposed: N/A_
Accessory Bldg.: Existing:_N/A_ Required: N/A Proposed: N/A_
On-Site parking: Existing: _N/A Required: N/A - Proposed: _ N/A _
Site coverage: Existing:N/A_ Required: N/A - Proposed: N/A _
Open Space: Existing: N/A Required: N/A - Proposed: _ N/A _
Front Setback: Existing:_N/A_ Required: N/A Proposed:_ N/A_
Rear Setback: Existing:_N/A Required: - N/A - Proposed:- N/A _
CombinedFront/Reaz: Existing:_N/A_ Required: N/A Proposed:- N/A_
Indicate N, S, E. W
r Side Setback: Existing:N/A_ Required: N/A_ Proposed: N/A_
,. Side Setback: Existing:N/A_ Required: N/A_ Proposed:_ N/A
-
CombinedSides: Existing:N/A Required: N/A_ Proposed:_ N/A
-
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,~ Distance between Existing:N/A_ Required: N/A_ Proposed:_ N/A_
buildings:
r
Existing non-conformities or encroachments and note if encroachment licenses have been issued:
+. ,.. i
EXHIBIT 9
r
Vaziations requested (identify the exact variances needed): N/A
a
Aspen Historic Preservation
Land Use Application Requirements, Updated: May 29, 2007
r
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'~ .~. EXHIBIT 10
a.~ .,,,
_ CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
y A¢reement for Payment of Citv of Ascen Development Application Fees
~ CITY OF ASPEN (hereinafter CITY) and KENICHI ASPEN. 1NC
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to CITY an application for
~ KENICHI RESTAURANT RENOVATION
(hereinafter, THE PROJECT).
"' 2. APPLICANT understands and agrees that the City of Aspen has an adopted 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.
a APPLICANT agrees additional costs may aceme 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 [he
+• CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of
recovering its full costs to process APPLICANT'S application.
.. 4. CITY and APPLICANT furher agree that it is impracticable for CITY staff to complete
,~ processing or present suffx:ient information to the Historic Preservation Commission, Planning and Zoning
Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning
Commission and/or City Council to make legally required findings for project consideration, unless current billings
.. are paid in full prior to decision.
.. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect
full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the
'" amount of $735.00 which is for _ hours of Community Development staff time, and if actual recorded
costs exceed [he 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 mte of $235.00 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: ~ Ci-
.. Chris Bendon
Community Development Director Date: I I .''t
'~ Billing Address and Telephone Number:
Required
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533 Esst Hogkins Avenue
ASPEN CO. 51611
970.920.2212
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band Use Application Requirements, Updated: May 29, 2007
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517 EAST HOPKINS AVENUE LLC
517 E HOPKINS AVE
ASPEN, CO 81611
530 HOPKINS LlC
B00 E HOPKINS AVE #B-5
ASPEN,CO 81611
633 SPRING II LLC
PO BOX 1709
ASPEN. CO 81611
ARCADES ASSOCIATES LTD LLC
CIO KRUGER 8 CO
400 E HYMAN AVE
ASPEN,CO 81611
ASPEN MAIN STREET PROPERTIES LP
14081 OUORUM DR #200
DALLAS, TX 75254
BALDW IN RAREFY A II
205 S GALENA ST
ASPEN, CO 81617
BPOE ASPEN LODGE #224
210 S GALENA ST #21
ASPEN, CO 81611
CITY OF ASPEN
ATTN FINANCE DEPT
130 S GALENA ST
ASPEN, CO 81611
EXELCEDAR INC 20
534 E HYMAN AVE
ASPEN,CO 81811
GODIVA HOLDINGS LLC
435 E MAIN ST
ASPEN, CO 81611
1 m0915®AZ13AN®
luewa6~Qy~ ep sua5 "~^, ®0915 083 A g3~~age8s I z~114D '
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EXHIBIT 11
521 EAST HYMAN HOLDINGS LLC
517 EAST HYMAN HOLDINGS LLC CIO EDWARD DINGILIAN
517 E HYMAN AVE 180 W 225TH ST
ASPEN, CO 81811 BRONX, NY 10463
601 EAST HOPKINS CONDO ASSOC S C
CH
COMMON AREA UNN FFE
ARLE
C(O
801 E HOPKINS AVE 610 E HYMAN AVE
ASPEN, CO 81611 ASPEN, CO 81811
633 SPRING LLC ALPINE BANK ASPEN
GO GARFIELD & HECHT PC ATTN ERIC GARDEY
601 E HYMAN AVE PO BOX 10000
ASPEN, CO 01611 GLENWOOD SPRINGS, CO 81602
ARCHDIOCESE OF DENVER ASPEN FIRE PROTECTION DISTRICT
SAINT MARYS 420 E HOPKINS AVE
1300 S STEELE ST ASPEN, CO 81611
DENVER,CO 80210
AUSTIN LAWRENCE CONNER LLC AVH MEADOWS LLC 20% INT
532 E HOPKINS AVE 801 E HYMAN AVE
ASPEN. CO 81611 ASPEN,CO 81611
BA55 CAHN 801 LLC BEAU JEFF T
PO BOX 40fi0 181E 65TH ST
ASPEN, CO 81612 NEW YORK, NY 10021
BRAND BUILDING lLC CICUREL CARY
205 S GALENA ST 2815 N LAKEWOOD
ASPEN, CO 81811 CHICAGO, IL 60614
COLORADO CABLE 75% ELKS LODGE 224
C(O S GOODMAN OR J M BARNETT 210 S GALENA ST STE 21
500 PRES CLINTON #310 ASPEN, CO 81611
LITTLE ROCK, AR 72201
FURNGULF LTD GELD LLC
A COLO JOINT VENTURE GO LOWELL MEYER
616 E HYMAN AVE PO BOX 1247
ASPEN, CO 81611 ASPEN. CO 81812-1247
GOODING SEAN A 80% 8 RICHARD L HINDERSTEIN FAM REV TRUST
20% p0 BOX 1576
CIO PARAGON RANCH INC MERCER ISLAND, WA 98040
620 E HYMAN AVE #1 E
ASPEN, CO 81611
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HORSEFINS LLC
GO PITKIN COUNTY TITLE
601 E HOPKINS AVE
ASPEN, CO 81611
JURINE LLC 10°h
2900 LOS BALLINAS AVE
SAN RAFAEL, CA 94903-1417
LONG GERALD P 8 PATRICIA D
TRUSTEES
490 WILLIAMS ST
DENVER, CO 80218
MASON 8 MORSE INC
514 E HYMAN AVE
ASPEN, CO 81611
PATIO BUILDING COMPANY LLC
Po Box lass
ASPEN, CO 81512
ROTHBLUM PHILIP 8 MARCIA
624 E HOPKINS AVE
ASPEN, CO 81611
STEWART TITLE CO
CIO JENNIFER SCHUMACHER
PO BOX 133
GYPSUM, CO 81837
HUNTER SQUARE LLC 90%
2900 LOS BALLINAS AVE
SAN RAFAEL, CA 94903
LAZY J RANCH LLC
CIO W R WALTON
PO BOX 665
ASPEN, CO 81612
LUCKYSTAR LLC
PO BOX 7755
ASPEN, CO 81812
MYSKO BOHDAN D
418 E COOPER AVE SUITE 200
ASPEN, CO 81011
PITKIN CENTER CONDO OWNERS
ASSOC
517 W NORTH ST
ASPEN,CO 81811
SJA ASSOCIATES LLC 60%
CIO SYEPHEN J MARCUS
PO BOX 1709
ASPEN,CO 81812
JARDEN CORPORATION
2381 EXECUTIVE CENTER DR
BOCA RATON, FL 33431
LEVY LAWRENCE F 8 CAROL
980 N MICHIGAN AVE #400
CHICAGO, IL 60611
MARCUS STEPHEN J 20% INT
601 E HYMAN AVE
ASPEN, CO 8161t
P 8 L PROPERTIES LLC
101 SOUTH 3RD ST #360
GRAND JUNCTION, CO 81501
PITKIN COUNTY BANK 80°b
534 E HYMAN AVE
ASPEN, CO 81611
SYANTON LAVONE KAY TRUSTEE FBO
LYON HARRY .167°k
500 E MARKHAM STE 305
LITTLE ROCK, AR 72201
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802 E HYMAN p201
ASPEN, CO 81611
US BANK NA 8 MCNULTY ZELPHA MARIE VICTORIAN SQUARE LLC
.063°,G GO KATIE REED MGT
422 WHRE AVE PO BOX 608 416 E COOPER AVE
GRAND JUNCTION, CO 81501 ASPEN, CO 81811
WHEELER BLOCK BUILDING LLC
TKG MANAGEMENT INC C/O
211 N STADIUM BLVD STE 201
COLUMBIA, MO 65203
WOODS FAMILY LP
PO BOX 11488
ASPEN, CO 81612
WRIGHT CHRISTOPHER N
13 BRAMLEY RD
LONDON W106SP, UK
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TROUSDALE JEAN VICK
811 E HOPKINS AVE
ASPEN, CO 81811
WALL JANET REV TRUST
9762 BURNLEY PL
BEVERLY HILLS, CA 90210
WOODS FRANK J III
205 S MILL ST #301A
ASPEN, CO 61611
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APPENDIX B -SITE 8~ DESIGN DOCUMENTS
Exhibit 1. Vicinity Map
Exhibit 2. Site Plan
Exhibit 3. Lower Level Plan
Exhibit 4. Existing Floor Plan
Exhibit 5. Proposed Renovation Plan
Exhibit 6. Floor Area Calculation Plan
Exhibit 7. Existing and Proposed Elevations
Exhibit 8. Proposed Elevation (Rendered)
Exhibit 9. Photographic Depiction
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EXHIBIT 1
533 East Hopkins Avenue
Vicinity Map
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EXHIBIT 9
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~ KENICHI RESTAURANT RENOVATION
w GMQS Exemption and
Commercial Design Review Application
a
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Application for GMQS Exemption and
Commercial Design Review for the Aspen
Plaza Building at 533 East Hopkins Avenue
in Aspen, Colorado
Submitted by:
Kenichi Aspen, Inc.
533 East Hopkins Avenue
Aspen, CO 81611
970.920.2212
11.07.2008
Prepared by:
David Johnston Architects, pc
418 East Cooper Avenue, #206
Aspen, CO 81611
970.925.3444
TABLE OF CONTENTS
.,
e I. INTRODUCTION .................................................................................. 1
II. BACKGROUND .................................................................................. 2
III. RENOVATION PROPOSAL ............................................................... 4
_ A. Exterior Expansion .................................................................... 4
_ B. Interior Renovation ................................................................... 5
1. Kitchen ............................................................................................ 5
_ 2. Dinning Area/Sushi Bar .................................................................. 5
3. Restroom Area ................................................................................ 6
4. Entrance/Bar Area .......................................................................... 6
IV. REGULATORY REQUIREMENTS ....................................................7
'° A. Growth Management Quota System (GMQS) Exemption ......7
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B. Commercial Design Review .....................................................9
Appendix A -APPLICATION DOCUMENTS .......................................... A
{ Appendix B -SITE & DESIGN DOCUMENTS ........................................ B
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INTRODUCTION
~.
The intention of this application is to request an administrative approval for a Growth
Management Quota System ("GMQS") Exemption and Commercial Design Review
approval for a minor renovation and expansion of the Kenichi Restaurant space in the
Aspen Plaza Building at 533 East Hopkins Avenue in the City of Aspen, Colorado (Legal
Description -LOTS G, H AND I, BLOCK 94, CITY AND TOWNSITE OF ASPEN).
This application is submitted pursuant to Title 26, Land Use Regulations, of the Aspen
Municipal Code (the "Code") by the ownership of Kenichi Restaurant, Kenichi Aspen,
Inc (the "Applicant"). A Commitment of Title Insurance disclosing the ownership of the
"" property as Aspen Plaza, LLC (the "Ownership") along with a signed agreement by the
' Ownership approving the proposed renovation and allowing Kenichi Aspen, Inc to serve
as the Applicant for the purposes of this application are included as Exhibits 1 and 2
~' respectively in Appendix A. Permission for David Johnston Architects, pc to represent
'' the Applicant is attached as Exhibit 3 in Appendix A. The Pre-Application Conference
Summary, The Moratorium Exemption Approval, The Land Use Application Form, and
'~ the Agreement for Payment Fee Form are attached in Appendix A as Exhibits 4-7
y respectively.
•- This application packet is organized in sections to provide the reviewer(s) with easy
-. reference to the requested material included in the following sections:
• Background on the property and status of the currently proposed improvements
as well as a description of any correspondence that has occurred between the
Applicant and the Community Development Department;
r
^ Renovation Proposal outlining the scope of the improvements and
corresponding architectural drawings of the changes that will be undertaken for
,• this project;
• Regulatory Reguirements identifying how the proposed renovation addresses
each of the required criteria of the Land Use Regulations relevant to the
"" Historic Preservation application for this project.
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«. All related application, site and design documents for the administrative review of the
„ application for the GMQS Exemption and the Commercial Design Standards are included
in appendices at the back of this application packet.
II. BACKGROUND
A pre-application conference with City of Aspen planning staff on January 15, 2008
• identified three potential expansion scenarios for the project, the second of which is being
sought and included a two hundred forty-one square foot (241 sq. ft.) expansion by
moving the north fagade wall in line with an existing structural column line (see pre-
application conference summary in Exhibit 4, Appendix A). The pre-application
a
summary concluded that pursuant to Section 26.470.060.5, Minor Expansion of a
Commercial, Lodge or Mzxed--Use Development, this proposed renovation scenario falls
under Administrative Growth Management Review because the expansion is less than
250 sq. ft. of commercial space. Additionally, the proposed renovation was qualified as a
Minor Development for HPC review, pursuant to Section 26.415.070.0, Certificate of
Appropriateness for a Minor Development, because it is less than 250 sq. ft. of
commercial space. However, following a review by the Community Development
Director, it was determined that a Historic Preservation application for a Certificate of No
Negative Effect should be submitted for review. The Historic Preservation Application
will be submitted simultaneous to this Land Use Application.
The Aspen Plaza Building is located in the Commercial Core ("CC") zone district and
within the boundaries of the Historic District. Based on the current moratorium on
development in the CC zone district adopted through Ordinance 51, Series of 2006, an
exemption for this proposed project was sought and granted by the Community
Development Director on September 11, 2008 (see Exhibit 5, Appendix A). The
..
improvements approved through the exemption include a two hundred forty-one square
m foot (241 sq. ft.) expansion and an interior remodel, each of which are intended to
improve patron flow, service circulation, kitchen efficiency and general health and safety.
The exemption was granted on the basis of item (e) in Section 2 of the Ordinance that
a
allows an exemption for "minor improvements to a business's existing space; and, which
,.
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•• does not substantially alter the intensity of the use." The qualification used for a minor
., improvement for a commercial space is found in Section 26.470.060.S.a. of the Land Use
Code, which identifies an expansion as minor if it is "no more than two hundred fifty
- square feet (250 sq. ft.) of net leasable space." As the proposed improvements are
°- intended to enhance the use and function of an already confined restaurant space, no
- substantial increase in use intensity will result. Furthermore, the expansion is only a
minor shift in the northern facade window and entrance wall, aligning it with the column
- line supporting the structure above; there will be no new structure in site area that was
"' previously `open to the sky above' (Exhibits 3 & 4, Appendix B).
Included in the approval for the moratorium exemption, the Community Development
Director identified that a Commercial Design Review, pursuant to Chapter 26.412.020 of
,~ the Code, must also be submitted; specifically, the incorporation of an airlock into the
~, design of the expansion was noted. The applicable criteria for the Commercial Design
r Review contained in Section 26.412.060, Commercial Design Standards, and in the
City's Commercial, Lodging, and Historic District Objectives and Guidelines are
included in the Regulatory Requirements section of this application packet.
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III. RENOVATION PROPOSAL
,.
_ The proposed renovation of the Kenichi Restaurant space consists of a two hundred
forty-two square foot (242 sq. ft.) expansion and an interior remodel (see Exhibits 2-8,
A Appendix B).
A. Exterior Expansion
r
The proposed expansion will be achieved by moving the northern fagade
window wall to the north, aligning it with centerline of the columns supporting the
~. structure above (see Exhibits 2-8, Appendix B). There will be no new structure in
site area that was previously `open to the sky above.' The new exterior elevation
associated with the expansion will be comprised of a glazed curtain wall, serving a
similar function and of similar material composition to the existing conditions with
the addition of contemporary materials at the entrance to set it off from the
remaining facade. There will be minimal reduction of glazing as a result of the
expansion, retaining more than sixty percent (60%) of the north facade surface area
as glazing. To accommodate the airlock recommended by the Community
Development Director, the floor area of the expansion was increased one square
foot (1 sq. ft.) beyond the originally proposed two hundred forty-one square feet
(241 sq. ft.) that was identified in the pre-application conference summary and the
moratorium exemption request letter. The additional square footage of the design
allows for the incorporation of the airlock into the floor plan without substantial
burdening the efficiency of patron and wait staff flow to the interior of the entrance
-the intended purpose of the expansion and renovation at the project's inception.
~, The additional square foot also allows the entrance element to be expressed proud
from the facade, articulating the entrance to the restaurant, without burdening the
,, exterior pedestrian flow. An awning over the entrance element, similar to the
existing awning, will be incorporated into the new design in order to shed water and
announce the entrance to the restaurant. Because the additional square footage does
„ not surpass the two hundred fifty square foot (250 sq. ft.) threshold fora "minor
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•- improvement," the adjustment should not invalidate the prior recommendations and
approvals for this application. With a lot size of 9,000 square feet and its location in
the CC zone district, the allowable FAR for this property is 18,000 square feet. The
existing gross floor area of the property is 11,401 squaze feet, resulting in a
proposed gross square footage of 11,643 sq. ft.
Y
B. Interior Renovation
The interior remodel includes a redesign of the kitchen, the dinning area/sushi
baz, the restroom area and the entrance bar azea -each of which are intended to
increase efficiency, flow, ADA accessibility and general health and safety of
patrons and employees alike (see Exhibits 3 and 4, Appendix B).
1. Kitchen
The kitchen remodel consists of an update to all equipment, appliances
and mechanical systems, increasing energy efficiency while minimizing space
requirements and improving kitchen and wait staff flow and safety. The
remodel allows for greater circulation space and minimizes conflict between
kitchen staff and wait staff as food orders are picked up. Congestion at the
kitchen entrance is also minimized with the added circulation space between
the kitchen doors, the sushi bar and the drink bar.
2. Dinning Area/Sushi Bar
The added square footage from the expansion of the restaurant allows for
greater circulation space within and between the dining room and sushi bar
azeas. In the dining room, all table and booths are being reconfigured and
replaced with updated furnishings to enhance the patron's experience. The
sushi bar is also being reconfigured to provide greater space for diners as well
' as minimize the conflict between wait staff pick ups and patrons seated at the
sushi bar. Congestion resulting from an existing "bottleneck" condition where
~" the sushi bar, the kitchen door and the drink bar all converged will be
eliminated in the new design, improving the safety and flow of wait staff.
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3. Restroom Area
The existing Tatami Room at the southeast corner of the restaurant is
,~ being removed and replaced by larger and more accommodating restroom
,~ facilities. The proposed design of the new restrooms will provide greater
capacity as well as offer ADA accessibility.
4. Entrance/Bar Area
The conflict of uses that currently exists between the restaurant entrance,
the waiting area and the bar area will be reduced by the square footage gained
'~ through the expansion. The additional space will also allow for the inclusion
' of an ADA accessible airlock at the entrance, providing greater energy
efficiency to the restaurant space, while minimize the impact of the exterior
climate on patrons' comfort.
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.. IV. REGULATORY REQUIREMENTS
a The proposed renovation is subject to an administrative Growth Management Quota
System Exemption review as well as a final Commercial Design Review. The
requirements for each of these reviews are discussed in this section of the application.
^+ A. Growth Management Quota System (GMQS) Exemption
r
Pursuant to Section 26.470.060.5, Minor Expansion of a Commercial, Lodge
or Mixed-Use Development, this application should be reviewed administratively by
the Community Development Director because the proposed expansion involves no
.. more than two hundred fifty (250) square feet and does not involve any residential
units.
"' The administrative review by the Community Development director is to be
based on the General Requirements of Section 26.470.050. The requirements
"" applicable to this proposed renovation are summarized below.
1. Sufficient growth management allotments are available to accommodate
the proposed development, pursuant to Subsection 26.470.030.D. Applications
for multi-year development allotment, pursuant to Paragraph 26.470.090.1
r, shall not be required to meet this standard.
Not Applicable to this application
2. The proposed development is consistent with the Aspen Area Community
Plan.
The proposed renovation associated with this application is in
compliance with the Aspen Area Plan.
.. 3. The development conforms to the requirements and limitations of the zone
district.
.. The proposed renovation associated with this application complies
,. with the requirements of the Commercial Core (CC) zone district as well
as the Historic District Overlay requirements. An exemption from the
~. current development moratorium on property in the Historic
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Commercial Core was approved by the Community Development
Director.
4. The proposed development is consistent with the Conceptual Historic
Preservation Commission approval, the Conceptual Commercial Design
~+ Review approval and the Conceptual Planned Unit Development approval, as
applicable.
A Final Commercial Design Review is requested in combination with
this Land Use Application (see Section IV.B. below). An application to the
Historic Preservation for a Certificate of No Negative Effect is being
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submitted simultaneous to this Land Use Application.
"' S. Unless otherwise specified in this Chapter, sixty percent (60%) of the
employees generated by the additional commercial or lodge development,
according to Subsection 26.470. IOO.A, Employee generation rates, are
"" mitigated through the provision of affordable housing. The employee
generation mitigation plan shall be approved pursuant to Paragraph
26.470.070.4, Affordable housing, at 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.
Not Applicable to this application
6. Affordable housing net livable area, for which the f niched floor level is at
or above natural or finished grade, whichever is higher, shall be provided in
an amount equal to at least thirty percent (30%) of the additional free-market
residential net livable area, for which the finished floor level is at or above
•' natural or ftnished grade, whichever is higher.Affordable housing shall be
approved pursuant to Paragraph 26.470.070.4,
Affordable housing, and be restricted to a Category 4 rate as defined in the
Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant
may choose to provide mitigation units at a lower category designation.
•~ Affordable housing units that are being provided absent a requirement
("voluntary units') may be deed-restricted at any level of affordability,
including residential occupied.
~~ Not Applicable to this application
.. 7. The project represents minimal additional demand on public
infrastructure, or such additional demand is mitigated through improvement
proposed as part of the project. Public infrastructure includes, but is not
limited to, water supply, sewage treatment, energy and communication
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.. utilities, drainage control, fire and podice protection, solid waste disposal,
parking and road and transit services.
All required public infrastructure is available and of appropriate
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capacity for this proposed renovation.
B. Commercial Design Review
Pursuant to Section 26.412.020, all commercial, lodging and mixed-use
~ development with a commercial component is subject to a commercial design
review and approval. Due to the minor nature of the proposed renovation and
expansion, none of the review criteria contained in section 26.412.060 aze
a applicable to this application. Furthermore, as this Commercial Design Review is
being submitted in combination with an administrative GMQS Exemption review,
y and because the project is of limited scope, the applicant is requesting that the
.. Community Development Director allow this application to bypass conceptual
design review and be reviewed for final design in accordance with Subsection
26.412.040.A.
`" Pursuant to subsection 26.412.OSO.C, the proposed renovation must comply
'" with the standards for the Commercial Core Historic District within the
Commercial, Lodging and Historic District Design Objectives and Guidelines.
" Included in Appendix B of this application package are the required design
documents for representing the external character of the proposed renovation,
"' including architectural plans, elevations and renderings, and photographs. Because
the exterior expansion renovation is limited to a shift of the northern facade wall,
- the wall that serves as the entry facade, only the objectives and guidelines identified
'~ in the subsection titled, "First Floor Character" (page 119) of the Commercial Core
~' Historic District section are applicable for the final design review. The project's
compliance with those objectives and guidelines are summazized below. All other
objectives and guidelines associated with this section remain unchanged and in
compliance.
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,. 1. The first floor facade and retail frontage should be designed to
concentrate interest at the street level, using the highest quality of design,
detailing and materials.
The facade design and quality of materials will effectively remain
unchanged from the existing conditions. All window systems will be
updated where necessary and the entry element will be distinguishable
from the rest of the fagade through the incorporation of a entry canopy
element over the door.
2. The retail entrance should be at the sidewalk level.
The new entry will remain at the sidewalk level at the lower level and
will be ADA compliant.
3. Incorporate an airlock entry into the plan for all new structures.
Although the proposed renovation does not include the construction
of a "new structure," an airlock has been designed and incorporated into
the entry element of the restaurant space. The airlock entry does project
forward from the fagade wall by approximately fifteen (15) inches, but is
'" integrated into the design and material selection of the fagade wall in an
effort to "announce" the entry. The expressed entry element does not
impede pedestrian traffic to the front of the fagade.
4. Window area along the first floor shall be a minimum of 60% of exterior
street facade area when facing principal street(s).
The window area of the northern fagade wall is to remain greater
than 60% of the street fagade area.
~- 5. A building shall be designed to maintain or create the character and
transparency of the traditional street level retail frontage. This shall be
' achieved by using more than one of the following:
'' This objective is not applicable as the use of the space is a restaurant
and the fagade is not being redesigned, rather it is being relocated.
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6. Design of the ftrst floor storefront should include particular attention to
the following:
This objective is not applicable as the use of the space is a restaurant
and the fagade is not being redesigned, rather it is being relocated.
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APPENDIX A -APPLICATION DOCUMENTS
Exhibit 1. Disclosure of Ownership
Exhibit 2. Ownership Approval Letter
Exhibit 3. Applicant Representation Letter
Exhibit 4. Pre-Application Conference Summary
Exhibit 5. Moratorium Exemption Request/Approval
Exhibit 6. Land Use Application
Exhibit 7. Dimensional Requirements Form
Exhibit 8. Application Fee Payment Agreement Form
A
.~. „~
~•.~~' EXHIBIT 1
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: October 14, 2008 at 8:00 AM Case No. PCT22303L
2. Policy or Policies to be issued:
(a) ALTA Owner's Policy-(6/17/06) Amount$ 0.00
Premium$ 0.00
Proposedlnsured: Rate:
PROFORMA
(b) ALTA Loan Policy-(6/17/06) Amount$ 0.00
Premium$ 0.00
Proposedlnsured: Rate:
(c) ALTA Loan Policy-(6/17/06)
Proposedlnsured:
Amount$
Premium$
Rate:
3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the
effective date hereof vested in:
ASPEN PLAZA, LLC, A COLORADO LIMITED LIABILITY COMPANY
4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is
described as follows:
LOTS G, H AND I,
BLOCK 94,
CITY AND TOWNSITE OF ASPEN
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS, ASPEN, CO. 81611
970-925-1766 Phone1970-925-6527 Fax
877-217-3158 Toll Free
AUTHORIZED AGENT
Countersigned:
Schedule A-PG.1
This Commitment is invalid
unless the Insuring
Provisions and Schedules
A and B are attached.
d..: ~ .
SCHEDULE B -SECTION 1
REQUIREMENTS
'~ The following are the requirements to be complied with:
ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the
estate or interest to be insured.
y ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly
filed for record to-wit:
1. Copy of the Registration duly stamped by the Secretary of State of the State of COLORADO evidencing
,~ registration of ASPEN PLAZA, LLC and Statement of Authority and a copy of the Operating Agreement of
ASPEN PLAZA, LLC evidencing the names and addresses of the Members and/or Managers authorized
to act on behalf of said Limited Liability Company.
THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A
CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE
EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO
MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS AS DEEMED NECESSARY. THE
RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS
ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION
CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED
WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY
IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE.
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SCHEDULE B SECTION 2
'" EXCEPTIONS
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to
y the satisfaction of the Company:
r 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. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public
records or attaching subsequent to the effective date hereof but prior to the date the proposed insured
acquires of record for value the estate or interest or mortgage thereon covered by this Commitment.
6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer
service or for any other special taxing district.
7. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59 at Page
16 & 148 providing as follows: "That no title shall be hereby acquired to any mine of gold, silver, cinnabar
or copper or to any valid mining claim or possession held under existing laws".
.. 8. All ore and mineral bearing rock as reserved in instruments recorded in Book 98 at Pages 472 and 497
and Book 154 at Page 437.
W 9. Terms, conditions, provisions and obligations as set forth in TENANCY-IN-COMMON AGREEMENT
recorded October 13, 2000 as Reception No. 447908.
10. All existing leases and tenancies.
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11.
Deed of Trust from :ASPEN PLAZA, LLC, A COLORADO LIMITED LIABILITY COMPANY
,~ To the Public Trustee of the County of PITKIN
For the use of : U.S. BANK N.A.
+ Original Amount : $4,150,000.00
Dated :January 5, 2006
,., Recorded :January 6, 2006
Reception No. :519390
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ASPEN PLAZA COMPANY, LLC.,
P.O. BOX 1709
ASPEN, COLORADO 81612
' (970)925-7615
(970) 920-3693 FAX
NOVEMBER 11, 2008
CHRIS BENDON
DIRECTOR OF COMMUNITY DEVELOPMENT
' CITY OF ASPEN
13o SOUTH GALENA
3RD' FLOOR
ASPEN, C0.816u
.. RE; RENOVATION OF KENICHI OF ASPEN RESTAURANT
r DEAR CHRIS:
.. THE ASPEN PLAZA COMPANY, LLC, HEREBY GNES PERMISSION TO KENICHI
ASPEN INC., LOCATED AT 533 EAST HOPKINS AVENUE, ASPEN, COLORADO,
TO ACT AS THE APPLICANT ON THE AFOREMENTIONED RENOVATION.
+ THE ASPEN PLAZA COMPANY, LLC, HEREBY GNES PERMISSION FOR KENICHI
ASPEN, INC., TO RENOVATE THE EXISTING RESTAURANT SPACE ACCORDING
TO THE ENCLOSED PLAN.
IF THERE ARE ANY OTHER CONCERNS, PLEASE CONTACT US AT THE ABOVE
NUMBERS.
,~ VERY TRULY YOURS,
'" ASPEN PLAZA COMPANY, LLC.,
STEPHEN J. CUS
' GENERALPARTER
~ MANAGING PARTNER
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EXHIBIT 3
11.04.2008
Chris Bendon
Director of Community Development
City of Aspen
130 S. Galena Strcet, 3`d Floor
Aspen, CO 81611
Re: Land Use Application Representation
Deaz Mr. Bendon
This letter is to serve as authorization for David Johnston Architects, pc to represent Kenichi
Restaurants with the proceedings for the application for Land Use and Historic Preservation
Reviews for the renovation to the Kenichi Restaurant space in the Aspen Plaza Building at
533 East Hopkins Avenue, Aspen, CO 81611. Representatives from David Johnston
Architects, aze authorized to act on the behalf of the ownership of the Restaurant for all
matters pertaining to the applications.
Please feel free to contact us if you have any further questions regazding this authorizing
letter.
Sincerely yours,
Scott Brasington
Kenichi Aspen, Inc.
533 East Hopkins Avenue
Aspen, CO 81611
970.920.2212
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PLANNER:
i° PROJECT:
REPRESENTATIVE:
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-~ EXHIBIT 4
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
Jessica Garzow, 429-2780
Kenichi Remodel
Brian Beazley
David Johnston Architects
Tel: 925.3444
DATE: 1.15.2008
DESCRIPTION:
The prospective Applicant is interested in remodeling and expanding the existing Kenichi Space at 534 East Hopkins Ave. The
'° remodel would include upgrades to the sushi bar and kitchen areas, and, according to the prospective applicant, would not
change the use or intensity of the operations at the restaurant. In order to move forward on the interior remodel, the prospective
applicant is required to submit a letter to the Community Development Director requesting an exemption from Ordinance 51,
° Series 2006 under Section 2 Criteria a listed in the ordinance. This letter must outline the scope of work proposed for the interior
remodel and how the remodel will impact the intensity of the existing use.
.. Because Ordinance 51 is in effect for the Commercial Core (CC zone district) until June 2008, no land use or HPC applications
may be made until the moratorium is lifted. Once the moratorium ends, the prospective applicant may make the land use and
"" HPC applications required for the expansion. The prospective applicant has outlined three (3) potential expansion scenarios;
each would require a Growlh Management Review and a review by the Historic Preservation Commission because this is
located in the historic district. These proposed scenarios areas follows:
1. Cover the existing outdoor dining area located along Hunter to make it part of the in indoor dining area for a total
expansion of 408 sq. ft.,
2. Extend the existing north wall to increase the indoor dining area for a total expansion of 241 sq. ft., or
3. Cover an existing outdoor area near the western property line (curtently not used for outdoor dining) for a total
expansan of 221 sq. ft..
Pursuant to Section 26.470.060.5, Minor Expansion of a Commercial, Lodge, or Mixed-Use Development, Scenarios 2 and 3 fall
v under an Administrative Growth Management Review because the proposed expansion is less than 250 sq. ft. of commercial
space. Scenario 1 exceeds 250 sq. ft. of additional commercial space, and would therefore be reviewed by the Planning and
Zoning Commission pursuant to Section 26.470.080.1, Expansion or New Commercial Development. This is a Major GMOS
Application to the Planning and Zoning Commission, and is therefore subject to competition for the Growth Management
Allotments. Further the major GMOS Application required for scenario 1 can only be made on February 15th or August 15rh of
each year.
Scenarios 2 and 3 qualify as Minor Development reviewed by HPC, pursuant to Section 26.415.070.0, Certificate of
Appropriateness for a Minor Development, because they involve 250 sq. ft. of development or less. If Staff reviews these
proposals and finds that it does not meet the other criteria for a Minor review, then it would be considered an HPC Major
Development Review (26.415.070.D). Scenario 1 involves expansion of more than 250 sq. ft., and therefore constitutes a Major
Development, pursuant to Section 26.415.070.D, Cert~cate of Appropriateness for a Major Development. Minor reviews to the
„ HPC include one (1) step with HPC, while Major reviews to the HPC include two (2) steps with HPC.
Relevant Land Use Code Section(s): 26.415 Development Involving Development in a Historic Overlay
26.470.060.5 Minor PB~Z Growth Management Review: Minor Expansion
of a Commercial, Lodge, or Mixed•Use Development
26.470.080.1 Major P&Z Growth Management Review: Expansion or New
Commercial Development
"' 26.470.050 Growth Management General Requirements
„ 26.600 Impact Fees
e ~,
26.710.140 Commercial Core (CC) Zone District
htt~:llwww.asaenpitkin.comldeotsl381citvcode.cfm
Review by: Note that the above scenarios all require 2 separate applications: one for the Growth Management
.. Review and one for the HPC Review.
~+ Scenario 1: Minor Applications to the Planning and Zoning Commission (the Major GMQS Review) require a deposit of
$1,470 for 6 hours of time. Major Applications to the Historic Preservation Commission require a deposit of $1,470.
Additional Staff time is billed at a rate of $245 per hour.
Scenarios 2 and 3: Applications to be reviewed Administratively (the Administrative GMQS Review) require a deposit of
$735 for 3 hours of time. Minor Applications to the Historic Preservation Commission require a deposit of $735. Additional
~, Staff time is billed at a rate of $245 per hour.
~' 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.
^ 15 Copies of the complete application packet and maps.
HPC =12; PZ =10; GMC = PZ+5; CC = 7; Referral Agencies =11ea.; Planning Staff =1
^ An 8112" by 11"vicinity map locating the parcel within the City of Aspen.
^ Site improvement survey including topography and vegetation showing the current status, including all easements
and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado.
(This requirement, or any part thereof, may be waived by the Community Development Department if the project is
"" determined not to warrant a survey document.)
. ^ A written description of the proposal and an explanation in written, graphic, or model form of how the proposed
development complies with the review standards relevant to the development application. Please include existing
conditions as well as proposed. List of adjacent property owners within 300' for public hearing
^ Copies of prior approvals.
^ Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of
-. the following digital formats. Compact Disk (CD}preferred, Zip Disk or Floppy Disk. Microsoft Word format is
preferred. Text format easily convertible to Word is acceptable.
^ Applicants are advised that building plans will be required to meet the International Building Code as adopted by the
City of Aspen, the federal Fair Housing Act, and CRS 9.5.112. Please make sure that your application submittal
addresses these building-related and accessibility regulations. You may contact the Building Department at 920-
- 5090 for additional information.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on cunent 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.
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~ EXHIBIT 5
D AVID IOHNSTON AR CHITECTS:c
Chris Bendon
Director of Community Development
~ City of Aspen
! 30 S. Galena Street, 3`d Floor
Aspen, CO 8161 1
Re: Kenichi Restaurant Renovation Moratoriwn Exemption Request
Dear Chris:
Following a meeting with planning staff, we believe the proposed minor improvements to the
Kenichi Restaurant space at 533 East Hopkins Avenue wazrant an exemption to the current
moratorium in the CC zone district adopted through Ordinance 5 L Series of 2006 ("the
.. Ordinance"). The proposed improvements include a two hundred forty-one (241) square foot
expansion and an interior remodel, each of which are intended to improve patron (low, service
circulation, and kitchen efficiency (see attached.Exhibits Aand B).
ltem (e) in Section 2 of the Ordinance allows an exemption for `'minor improvements to a
.. business' existing space; and, which does not substantially alter the intensity of the use." Our best
understanding of a minor improvement for a commercial space is fotmd at Section 26.470.060.S.a
., of the Land Use Code, which identifies an expansion as minor if it is "no more than hvo hundred
lifty (250) square feet uY' net leasable space."
.4s the proposed improvements are intended to enhance the use and function of att already
confined restaurant space, no substantial increase in use intensity will result. Furthermore, the
expansion is only a minor shift in the northern fapade window wall, aligning it with the column
line supporting the structure above; there will be no new structure in site area that was previously
`open to the sky above' (see attached Exhibit C).
Please contact me if you have any questions or need any clarifications. To confirm that our
interpretation of the exemption language in the Ordinance is accurate and applies to our proposed
minor improvements, please sign the space provided below. We3ook forward to hearing from you
-' soon regarding this request.
Sincerely yours,
~_ '~~
., Adam Roy, Planner a''~~~°~~ ~~
David .lohnston Architects; pc Chris Bendon, Director of Community Dee men'("
"' ~~ •,r7;tr'~- iil-Y CAF ASf'1-N
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PROAF.CT:
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ATTACHMENT 2 -LAND USE APPLICATION
EXHIBIT 6
Name: Kenichi Renovation
Location: 533 East Hopkins Avenue, Aspen, CO. 81611
(lndica[e street address, lot & block. number, legal description where appropriate)
Parcel ID # (REQUIRED) 273707340004
APPLICANT:
Name: Kenichi Aspen, Inc.
Address: 533 East Hopkins Avenue, Aspen, CO. 81611
Phone #: 970.920.2212
Name: Adam Roy -David Johnston Architects, pc
Address: 418 East Cooper Street, #206, Aspen, CO. 81611
Phone #; 970.925.3444
TYPF. of APPLICATION: (please check all that aoolvl:
® GMQS Exemption
^ GMQS Allotment
^ Special Review
^ ESA-8040Greenline, Stream
Margin, Hallam Lake BIut1;
Mountain View Plane
® Commercial Design Review
^ Residential Design Variance
^ Conditional Use
^ Conceptual PUD
^ Final PUD (R PUD Amendment)
^ Subdivision
^ Subdivision Exemption (includes
condominiumization)
^ Lot Split
^ Lot Line Adjustment
^ Temporary Use
^ TexdMap Amendment
^ Conceptual SPA
^ Final SPA (& SPA
Amendmenry
^ Small Lodge Com~ersion/
Expansion
^ Other:
ExlsTlxe CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
BRICK COMMERCIAL BUILDING W/ 2-STORIES ABOVE GRADE W/ OFFICE
AND COMMECIAL USES AND A BASEMENT LEVEL W/ A RESTAURANT USE
_, PROPOSAL: {description of proposed buildings, uses, modifications, etc.
~ I ~ Tl~DT7S L`A /~ A TC T!l D i rf_TT \xITTi7 Ti7F RYTCTTAT(1 !'(lT T n\ATT bINI3,
2) INTERIOR REMODEL OF FLOOR PLAN INCLUDING, KITCHEN, BAR AND DINING
H ve you attached the following? FEES DUC: $$735.00
,, ~] Pre-Application Conference Summary
Attachment # I, Silmed Fee Agreement
~ ®Response to Attachment #3, Dimensional Requirements Fonn
® Response to Attachment #4, Submittal Requirements-Including Written Responses to Review Standards
^ 3-D Model 1'or large project
~ All plans that are larger than 8.5" X 11"must be folded. A disk with an electric copy of all written text
(Microsoft Word Format) must he submitted as part of the application. Large scale projects should include an
electronic 3-D model Your pre-application conference summary will indicate if you must submit a 3-D model.
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ATTACHMENT 3 - Dimensional Requirements Form
Project:
Applicant:
Project
Location:
Zone
District:
Lot Size:
Lot Area:
IKENICHI RENOVATION
KENICHI ASPEN, INC
533 EAST HOPKINS AVE
ASPEN, CO. S 1611
COMMERCIAL CORE
9,000 SF
(For the purposes of calculating Floor Area, Lot Area may be reduced for azeas within
the high water mazk, easements, and steep slopes. Please refer to the definition of Lot
Area in the Municipal Code.)
Commercial net leasable: Existing: Proposed:
Number of residential units: Existing:_0 Proposed: 0
Number of bedrooms: Existing: _0 Proposed: 0
Proposed % of demolition: N/A
DIMENSIONS: (write n/a where no requirement exists in the zone district)
Floor Area: Existing.' 11.401 SF Allowab1e:18.000 SF Proposed: 11.643 SF
Heieht
Principal Bldg.: Exlsting: _N/A_ Required: N/A -Proposed:- N/A_
Accessory Bldg.: Existing: _N/A_ Required: N/A -Proposed: N/A_
On-Site parking: Existing: _N/A Required: N/A -Proposed:_ N/A_
%Sitecoverage: Existing: _N/A_ Required: N/A Proposed:_ N/A_
%OpenSpace: Exis[ing: _N/A_ Required: N/A -Proposed:- N/A_
Front Setback: Existing: _N/A_ Required: N/A -Proposed: N/A_
Rear Setback: Existing: _N/A_ Required: N/A _Proposed:_ N/A_
CombinedFront/Reaz: Existing: _N/A _Required: N/A _Proposed:_ N/A_
Indicate N. S. E. W
Side Setback: Existing: _N/A Required: N/A Proposed:_ N/A_
Side Setback: Existing: _N/A _Required: N/A _Proposed:_ N/A_
Combined Sides: Existing: _N/A _Required: N/A _Proposed:_ N/A_
Distance between Existing:N/A_Required:N/A-Proposed:-N/A_
buildings:
Existing non-conforxttities or encroachments and note if encroachment licenses have been issued:
Vaziations requested (identify the exact variances needed): N/.
EXHIBIT 7
Aspen Historic Preservation
Land Use Application Requirements, Updated: May 29, 2007
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~ _ CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
EXHIBIT 8
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~++ Aorcement Tor Payment of City of Ascen Develooment Application Fees
CITY OF ASPEN (hereinafter CITY) and KENICHI ASPEN. INC
(hereinafter APPLICANT) AGREE AS FOLLOWS:
I. APPLICANT has submitted [o CITY an application for
KENICHI RESTAURANT RENOVATION
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that the City of Aspen has an adopted fce structure for Land
a Use applications and the payment of all processing fees is a condition precedent to a determination of application
completeness.
a 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 not cation by the
"~ CITY when they are necessary as costs are incured. 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 Historic Preservation Commission, Planning and Zoning
Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning
-* 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 thaz in consideration of the CITY's waiver of its right to collect
Cull fees prior to motion of application completeness, APPLICANT shall pay an initial deposit in the
amount o ich is for _ hours of Community Development staff time, and if actual recorded
,,. costs ex mrtra 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 az a tuts of $235.00 per
planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date.
APPLICANT further agrees thaz failure to pay such accnred vests shall be grounds for suspension of processing, and
+ in no case will building permits be issued until all costs associated with case processing have bcen paid.
CITY OF ASPEN APPLICANT pp
By: By: A Q-
'r Chris Bendon
Community Development Director Date: I1 ~ 4 ~ ~
a
Billing Address and Telephone Number:
++ Repaired
533 East Homkins Avenue
„ ASPEN CO. 81611
970.920.2212
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w land Use Application Requirements, Updated: May 29, 2007
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APPENDIX B -SITE & DESIGN DOCUMENTS
.. Exhibit 1. Vicinity Map
Exhibit 2. Site Plan
Exhibit 3. Lower Level Plan
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Exhibit 4.
Existing Floor Plan
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Exhibit 5.
Proposed Renovation Plan
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Exhibit 6. Existing and Proposed Elevations
., Exhibit 7. Proposed Elevation (Rendered)
Exhibit 8. Photographic Depiction
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EXHIBIT 8
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Elle Edit gectxd Navlgata Fgm Report's FwLAat Tab ~{elp
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nYakution ~Custan FPldc dim Fee( ~Pacek ~Fea Summary ~Sb eermis ~Attadments ~ROld~g Status ~Routag ystaY
Panic Type aslu seen Land Use Permit C 0058.2008.ASLU
Ad<Yass 533 EHOPKIN50.VE J Ap[(SUke
City ASPEN Rote CO Zq 81fi11 J
Mesta Pami[~J Routing Queue Iu07 Applied 11J13(2008 J
Project J Bads pending Approved ~-J
Description GMQS EXEMPTION AND COMMERCIAL DESIGN APPLICATION Issued ~_ J
~~ ~J
Submitted DAM ROY 925 3944 Cbdc Rwring Days ~ Expirx 11(OBf2009 J
Aaer
Last Name SPEN PLAZA COMPANY J F'vst Name ~ PO BOX 1709
ASPEN CO 81612
Phone (970)925-7615
IJ Owna Is Applicant?
Applkat. -. _ _ _ _. _. _._. _. __
Lag Name ASPEN PLAZA COMPANY J First Name I PO BO% 1709
ASPEN CO 81612
Phone (970)925-7615 Cust! 25210 J
Lader. _.. _ _. _. _.. _.
Last Name ~J Fist Name
Phone
Enter the dv al de permit address
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