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HomeMy WebLinkAboutcoa.lu.gm.604 W Main St.0055.2010 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0055.2010.ASLU PARCEL ID NUMBER 2735 12 4 44 008 PROJECTS ADDRESS 604 W. MAIN ST PLANNER SARA ADAMS CASE DESCRIPTION EXTENTION OF VESTED RIGHTS REPRESENTATIVE ALAN RICHMAN DATE OF FINAL ACTION 11.09.10 CLOSED BY ANGELA SCOREY ON: 12.03.10 0 - 2'13 -1 4' 44'• O °IF 0050.20 A.1-"Ill Z ?gS- 12 - 4-- 4 4 '855 I I' 'tJ'1111 File Edit Record Navigate Form Reports Format Tab Help i 19 d Clear A r i1 A i 21 i 401 2 L.: -,-,'] ) ) ., g & • Fees Fee Summary Main Actions Attachments Routing History Valuation Arch /Eng Custom Fields Sub Permits Parcels 1 D cl c Permit type aslu Aspen Land Use Permit # 0055.2010 A' a N — Address 604 W MAIN ST AptiSuite o City ASPEN State CO Zip 81611 { x Permit Information a Master permit Routing queue aslu07 Applied 912412010 c '` Project Status pending Approved i 0 m Description EXTENTION OF VESTED RIGHTS Issued N Final Submitted ALAN RICHMAN 9201125 Clock Running Days 0, Expires 9/190011 Submitted via Owner Last name 604 VEST LLC First name 604 W MAIN ST ASPEN CO 81611 Phone (970) 920 -2899 Address Applicant , q\ P Owner is applicant? 0 Contractor is applicant? Last name 604 WEST LLC First name 604 W MAIN ST ASPEN CO 81611 Phone (970) 920.2899 Cust # 25877 Address Lender �� Last name First name Phone () - Address Displays the permit lender's address AspenGold5 (server) angelas 1 of 1 ,,, de-- _ 1 2 G 6 1 AttArro.04 , 41 0 -0 o q-a-c-t....-f ile' - - 7 SX,( is-. IL,.r, (I 0 L '2V" .-. AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: • tiO YJ. t* s uk. Aspen, CO STATE OF COLORADO ) ) ss. County of Pitkin ) I C a A- S CO gli (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 (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. i Signature The foregoing "Affidavit of Notice" was acknowled ed before me this l day ofgo j/Pin , 20)4 by A,cc ek S I . WITNESS MY HAND AND 1 OFF �, FIC 11 I �/ A �\ L SEAL My comm' io e J PIjRIICNOTICF �/�1 1 N x er: 5111 l r LOpMENTAPPBOaAL Notice is hereby given to me g9eneral public of the approval d r eension of n stetl property rights for a piu r L a U se C o tl h el Cif unit pursuant to the Land Article Code of the Revised of Vl Aspen and Title 24, AtI o the following l Colorado s criibed Statutes, legally e pertaining to ibe following tles Main Notary Publ t property: 0 , a n d 5, t o k 604 West Main Street, lots Aspen n, and 5, Block 24, no 6 City and West to of Aspen antl commonly known as r of _ ���� West Main Street. Aspen, ve 81611. By or0er of _ ; .,∎∎ . ( , 1, the CB of vested rl November d r at ree • •• 1 ye pe rm of t hat wi ll c omm is commence on for a three — O • • 1.� I year pa 1,2 21, i � r 2011 and expire on September 21, 201 d. For ATTACHMENTS: , : , • of Aspen�CommunlY Development De e • CORY J. st M 130 S.Galeen 51., ap CO, pm 4, j : C R CORY J. ichael C. Ireland. Mayor COPY OF THE PUBLICATION q , ; A Cly C II 1 . �% Published in the Aspen Times Weekly on /, 1��1l ...M — November 21, 2010.15833589] M y COmllgnion Expires D5l09i2012 w ,, 1 DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order ", is hereby issued pursuant to Section 26.304.070, "Development Orders ", and Section 26.308.010, "Vested Property Rights ", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three -year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. 604 West Main LLC, c/o Neil Karbank, 604 W. Main Street, Aspen, CO 81611, 970/920 -2899 . Property Owner's Name, Mailing Address and telephone number Lots Q, R, and S, Block 24, City and Townsite of Aspen and commonly known as 604 West Main Street, Aspen, CO 81611 Legal Description and Street Address of Subject Property 3 year extension of vested property rights of a Historic Preservation Commission and Planning & Zoning Commission approved mixed use proiect (HPC Resolution No. 19 Series of 2008 and P &Z Resolution No. 15 Series of 2008). Written Description of the Site Specific Plan and /or Attachment Describing Plan City Council Resolution No. 92 (series of 2010) approved on 11/08/10. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) November 21, 2010 Effective Date of Development Order (Same as date of publication of notice of approval.) September 21, 2014 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 9 day of November, 2010, by the City of Aspen Community Develop it Direct Chris Ben on, Communiiit Y Development Director • • community Development �Department co sea Vic J 130 S. Galena Street PM 0 Aspen, Colorado 81611 • LESTER JAMES 229 CHRYSTIE ST #1417 NEW YORK, NY 10002 X 100 NFE 1 8091' 00 10/24 FORWARD TIME E?;P RTN TO SEND LEST R 75 S END AVE AFT 3SC ,n. vwxx ror z02f:7S-'2OOE RETURN 70 SENDER 04 g ?czItoa := IL, I,,,, i1, 11:,,,, IL„ it„J11) /NII,,,,.LI,J1,11,,,6,IJ Community Development Departmenr 130 S. Galena Street Aspen, Colorado 81611 �<: tr y ;, r'1 JEMAR PARTNERS LLC 701 W MAIN ST ASPEN, CO 81611 ....... NIXIE 802 5E 1 78 10 • RETURN TO SENDER ATTEMPTED - NOT KNOWN UNABLE TO FORWARD BC: 81811150230 *'15SO- 00577 81 511 S1902 II,.L...ILIL „IL „II„ IILI II,,, LI „IL11 „ • • 6.0 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 04 War , Aspen, CO SCHEDULED PUBLIC HEARING DATE: , 20 ,0 STATE OF COLORADO ) ss. County of Pitkin ) I Adif €A { L (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: eV of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty -two (22) inches wide and twenty -six (26) inches high, and which was composed of letters not less than one inch in height: Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the' day of , 200, to andiipcluding the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) —,r 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 lot, Planned Unit Developments, Specially Planned Areas, and COWAPs are subject to this notice requirement. Rezoning or text amendment Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The fore ,ggoing "Affidavit of Notice" was acknowledged before me this 2 rday of OG� QJ , 20 0, by . c P >fn S «,.f RE: �0 WE AIN STNElT - VESTED WITNESS MY HAND AND OFFICIAL SEAL NOTICE IS HEREBY GIVEN that a public hearing m to b ng tegin at 8 Monday, o 5:00 p.m. befre My commission expires: y rp s. rG Calu dy C t5:0 Chamb l ye A ,SO Gaited bL, 04 e, to LL C, i en y ank 604 submitted by 604 sp C, N R6r 604 West Main Street. West Aspen, CO 811eb1181.1. . , The Applicant requests a three year extension until I e 1 W � _� September 21, 2014 of their vested rights for the ' .�. development of a mixed uae project. The dy Notary Public i s a de local historic landmark a located wit the Main Street Historic District. The property is legally described as Lots O. R. and 5, Block 24. City and Townie of Aspen. For further information. contact Sara Adams at the City of Aspen alena St., Community Development 0 n (970) 428 2778. ygl¢.adamsectasoen.co.us. ....� haeL lIPt Mayor Aspen City Council Published in the Aspen Times Weekly on October ATTACHMENTS AS APPLICABLE: • • 2,,2g, °. I572154151 • COPY OF THE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24- 65.5 -103.3 C ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE • REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: M LAMA CMA ••• t ' , Aspen, CO SCHEDULED PUBLIC HEARING DATE: NO $ , 201* STATE OF COLORADO ) ) ss. County of Pitkinp, 1 { Z L� a.,... cu. "^ham (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: f Publication of notice.: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty -two (22) inches wide and twenty -six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the 3a day of , 2010 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. 0 jo At ____ Signature The foregoing "Affidavit of Notice" was acknowledged before me this ` ik day of lll➢ll.&YCL&t_- , 2011t0, by F} In n L U p II n WITNESS MY HAND AND OFFICIAL SEAL r =o ; 0 4 �l�f /2012 �j My c mission a pires: ANN G. • I�ENEY r o S ( . cfe i p- \9 r f OF ..... 0 �Pf Notary Public - ��'ll ATTACHMENTS: COPY OF THE PUBLICATION .PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL PUBLIC NOTICE RE: 604 WEST MAIN STREET - VESTED RIGHTS EXTENSION NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, November 8,2010, at a meeting to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by 604 West LLC, Neil Karabank, 604 West Main Street, Aspen, CO 81611. The Applicant requests a three year extension until September 21, 2014 of their vested rights for the development of a mixed use project. The property is a designated local historic landmark and located within the Main Street Historic District. The property is legally described as Lots Q, R, and S, Block 24, City and Townsite of Aspen. For further information, contact Sara Adams at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429 -2778, sara.adams @ci.aspen.co.us. s/ Michael C. Ireland, Mayor Aspen City Council Published in the Aspen Times on October 24, 2010 City of Aspen Account 4 4 g $ � °� w Y tatimmmr Hsi Y '1 • i f x F e t ��gF y��q, pk i^ .• A P6R VI y i%f , n fy a'9,jffit P SG ". Y TFw^ p fd , uE' � Easy Peel® Labels 1 ♦ Bend along One to I ® ® 1 Use Avery® Template 5160® yf, ., Feed Paper expose Pop-Up Edge *" j + \ f �]J ❑ AVERY 5160 A 501 WEST MAIN LLC 612 WEST LLC 631 WEST BLEEKER STREET LLC 76% 532 E HOPKINS AVE 604 W MAIN ST 631 W BLEEKER ST ASPEN, CO 81611 -1818 ASPEN, CO 81611 ASPEN, CO 81611 ADAM KARL W & VANESSA R ALLEN DOUGLAS P ALPINE BANK PO BOX 2778 403 LACET LN 600 E HOPKINS AV ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 ALPINE BANK ASPEN FSP ABR LLC ASPEN HISTORICAL SOCIETY ATTN ERIC GARDEY 11921 FREEDOM DR #950 620 W BLEEKER ST PO BOX 10000 RESTON, VA 20190 ASPEN, CO 81611 GLENWOOD SPRINGS, CO 81602 ASPEN MESA STORE LLC BAILEY MIRANDA TRUST 50% ASPEN SQUARE CONDO ASSOC INC C/O ASPEN BLUE SKY HOLDINGS LLC 617 E COOPER BAKER & HOSTETLER LLP PO BOX 8238 ASPEN, CO 81611 303E 17TH AVE #1100 ASPEN, CO 81612 DENVER, CO 80203 BERR LLC BRIDGE WILLIAM BROOKS NORMAN A & LESLEE S 611 W MAIN ST 2075 SHERWOOD DR 16311 VENTURA BLVD #690 ASPEN, CO 81611 CAMBRIA, CA 93428 ENCINO, CA 91436 BUCK GERALD D & JULIE OLSEN 24% BURKE OLSHAN ASPEN PROP LLC CARTER RICHARD P 3987 BRUSHWOOD WAY C/O ELK CREEK MGMT 400 E 3RD AVE #804 CASTLE ROCK, CO 80109 255 LITTLE ELK CREEK AVE DENVER, CO 80202 SNOWMASS, CO 81654 -9320 CHAKERES JOHN B TRUST CHRISTIANA UNIT D101 LLC CITY OF ASPEN 3801 KENNETT PIKE C200 795 LAKEVIEW DR ATTN FINANCE DEPT GREENVILLE, DE 19807 MIAMI BEACH, FL 33140 130 S GALENA ST ASPEN, CO 81611 CLEANER EXPRESS COCHENER CAROLINE A TRUST CORONA VANESSA LOPEZ 435E MAIN ST C/O TODD M CONNELL PO BOX 3670 ASPEN, CO 81611 7309E 21ST ST #120 ASPEN, CO 81612 WICHITA, KS 67206 CORTALE ITA COULTER G LYNNIE CUMMINS RICHARD 205 S MILL ST #112 117 N 6TH ST 1280 UTE AVE #10 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 CZECH NOAH DART ELIZABETH RODWELL DESTINATION RESORT MGMT INC PO BOX 12086 633 W MAIN ST 610 WEST END ST ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 Etiquettes faciles a peter i • Replies a la hachure afln de ; www.avery.com Sns Utilisez le gabarit AVERY 5160® i charaement reveler le rebord Pop-UpTM I 1- 800 -GO -AVERY Easy Peel® Labels i • OM. Bend along line to I o AVERY® 5160® Use Avery® Template 5160® e Feed Paper expose Pop Ed9eTM „. 1 DILLON RAY IV DUNSDON S MICHAELE EMERICK SHELLEY W PO BOX 10543 BORKENHAGEN DAVID A 2449 5TH ST ASPEN, CO 81612 617 W MAIN ST #D BOULDER, CO 80304 ASPEN, CO 81611 -1619 FARR CHARLOTTE FAT CITY HOLDINGS LLC FELD ANNE S 306 MCCORMICK AVE 402 MIDLAND PARK PL 1700 PACIFIC AVE #4100 CAPITOLA, CA 95010 ASPEN, CO 81611 DALLAS, TX 75201 FERGUS ELIZABETH DAWSON FINE FREDRIC N & SONDRA FLEETWOOD JENNIFER ELISA PARK PO BOX 1515 412 MARINER DR 616 W MAIN ST ASPEN, CO 81612 JUPITER, FL 33477 ASPEN, CO 81611 FRIAS PROPERTIES OF ASPEN LLC GANT CONDO ASSOC INC GARMISCH LODGING LLC 730 E DURANT 610 S WEST END ST 110 W MAIN ST ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 GOLDMAN DIANNE L GOLDSTEIN MARC 50% GORDON LETICIA C/O JOE RACZAK GOLDEN HORN PO BOX 518 4545 POST OAK PL #100 FAIRFIELD, CT 06824 HOUSTON, TX 77027 555 E DURANT AVE ASPEN, CO 81611 H & H PROPERTIES LLLP HAISFIELD MICHAEL DOUGLAS HALPERIN ALEXANDRA & BARBARA 807 W MORSE BLVD STE 101 HAISFIELD LISA YERKE 52 LARKSPUR DR WINTER PARK, FL 32789 -3725 616 W HOPKINS CARBONDALE, CO 81623 ASPEN, CO 81611 HAYES MARY FAMILY PTNSP LTD HAYMAN JULES ALAN HERNANDEZ LORENE & CECIL M PO BOX 497 9238 POTOMAC SCHOOL DR PO BOX 1045 ASPEN, CO 81612 POTOMAC, MD 20854 ASPEN, CO 81612 HY- MOUNTAIN TRANSPORTATION INC IGLEHART JIM IGLEHART JIM 111 C AABC 610 W HALLAM ST 617 W MAIN ST ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 JEMAR PARTNERS LLC KELSO DOUGLAS P LESTER JAMES 701 W MAIN ST 627 W MAIN ST 229 CHRYSTIE ST #1417 ASPEN, CO 81611 ASPEN, CO 81611 -1619 NEW YORK, NY 10002 MACDONALD BETTE S TRUST MADSEN MARTHA W MOLLER DIANE T 15 BLACKMER RD 608 W HOPKINS AVE APT 9 1710 MIRA VISTA AVE ENGLEWOOD, CO 80110 ASPEN, CO 81611 SANTA BARBARA, CA 93103 Etiquettes faciles h paler 1 Se de Rep0ez a la hachure afln del www.averycom Utilisez le gabarif AVERY ® 5160 ® charaement reveler le rebord Pop-UpTM 1-800-GO-AVERY 1 Easy Peel® Labels i • e Bend along line to ; C\ AVERY 5160 Use Avery® Template 5160® j Feed Paper expose Pop-Up Edge"' ' " A MOUNTAIN RESCUE ASPEN INC NATIONWIDE THEATRES CORPORATION MOUNTAIN REALTY LLC 630 W MAIN ST A CALIFORNIA CORPORATION PO BOX 4950 ASPEN, CO 81611 120 N ROBERTSON BLVD ASPEN, CO 81612 LOS ANGELES, CA 90048 NORTH AND SOUTH ASPEN LLC PEARSON MARK M & LEES M PERRY EMILY V 200 S ASPEN ST 702 W MAIN ST PO BOX 11071 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 RENO ASPEN PROPERTIES LLC REVA LLC RODRIGUEZ JOANN 605 W MAIN ST #002 PO BOX 1376 605 W MAIN ST #OOA ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 RUFUS CAMI CAMI LLC RUSSO NICK A SACKS CAROL 50% 1280 UTE AVE #7 PO BOX 4743 4545 POST OAK PL #100 ASPEN, CO 81611 ASPEN, CO 81612 HOUSTON, TX 77207 SCHEFF SANDERS BARBARA SCHALL FAMILY TRUST 8/31/1998 KIMBERLY JONATHAN & BUTTERWICK K 634 W MAIN ST #8 18518 ST MORITZ DR KIMBERLY ASPEN, CO 81611 TARZANA, CA 91356 6450 AVENIDA CRESTA C SAN DIEGO, CA 92037 SMITH ANDREW C & DONNA G SUBOTKY JULIE E THROM DOUGLAS 11 3622 SPRINGBROOK ST 55 WEST 14TH ST #15L 617 W MAIN ST DALLAS, TX 75205 NEW YORK, NY 10011 ASPEN, CO 81611 TOMS CONDO LLC TUCKER LUCY LEA ULLR HOMEOWNERS ASSOCIATION C/O BRANDT FEIGENBAUM PC PO BOX 1480 600 E HOPKINS #304 132 MIDLAND AVE #4 ASPEN, CO 81611 ASPEN, CO 81611 BASALT, CO 81621 VIEIRA LINDA 50% INTEREST WAGNER HOLDINGS CORP LLC WENDT ROBERT E II HALL TERESA 50% INTEREST C/O BILL POSS 350 MT HOLYOKE AVE 0095 LIGHT HILL RD 605 E MAIN ST PACIFIC PALISADES, CA 90272 SNOWMASS, CO 81654 ASPEN, CO 81611 WERLIN LAURA B TRUST WEST ALFRED P JR & LORALEE S WHITMAN RANDALL A 2279 PINE ST 58416475 METAVANTE WAY 4845 HAMMOCK LAKE DR SAN FRANCISCO, CA 94115 SIOUX FALLS, SD 57186 CORAL GABLES, FL 33156 WHITNEY KURT A & JACQUELINE WINGSTONE TOY COMPANY LLC YOUNG DONALD L 6448 E CRABTREE PL 12 GREENBRIAR LN PO BOX 4444 YUMA, AZ 85365 PAOLI, PA 19301 ASPEN, CO 81612 Etiquettes faciles a peter I • • Repllez 6 la hachure afln del www.avery.com Utilisez le gabariYAVERY 5160 I rharrnamant reveler le rebord Pop -UpTM 1 1400 -GO -AVERY 1 f'h Vit% MEMORANDUM TO: Mayor Ireland and Aspen City Council THRU: Chris Bendon, Community Development Director I 1 AI FROM: Sara Adams, Senior Planner �) RE: 604 West Main Street, Extension of Vested Rights — Resolution 9tSeries 2010 — Public Hearing MEETING DATE: November 8, 2010 APPLICANT /OWNER: RECOMMENDATION: 604 West Main LLC Staff recommends approval. LOCATION: SUMMARY: 604 West Main Street, Lots Q, R, and S, The Applicant requests a three year extension of Block 24, City and Townsite of Aspen. their vested rights to September 21, 2014 with regard to the existing approval. CURRENT ZONING & APPROVED USE MU (Mixed Use) Zone District. A mixed use project comprising commercial and affordable housing is approved. -414: • J. Figure 1: 604 West Main Street, one of the historic resources. LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approval: • Extension of Vested Rights to extend the vested rights of the approved project to September 21 2014, pursuant to Land Use Code Section 26.308.010 C., Extension or Reinstatement of Vested Rights. (City Council is final review authority who may approve or deny the proposal). 604 West Main Street Staff Memo 1 PROJECT SUMMARY: 604 West Main Street is a 9,000 square foot lot located within the Main Street Historic District. There are three local landmarks on the property: a circa 1880s historic miner's cabin that fronts Main Street (the Rebecca Wylie house) and an 1880s outbuilding/barn located along the alley and Fifth Street, a 19` century shed straddling the property line between 604 and 612 West Main Street. The Applicant requests an extension of their vested rights for the project approved by Historic Preservation Commission (HPC) Resolution No. 19, Series 2008 and Planning and Zoning Commission Resolution No. 15, Series of 2008, which allow the applicant to develop a mixed use project that includes commercial and affordable housing uses through an increase in net leasable space and an onsite affordable housing unit. There is no free market residential unit component to this project. The approved project has an FAR of approximately .87:1, where 1:1 is the maximum cumulative FAR for the Mixed Use zone district. The maximum height of the proposal is about 2 feet under the maximum height limit in the Main Street Historic District. HPC approved the development of two new buildings on the site: one commercial building that fronts Main Street and another commercial building that fronts Fifth Street. The new buildings are free - standing; the applicant does not propose any additions to the historic resources. All of the required parking is provided onsite. A three bedroom affordable housing unit is proposed along the alley (in the new building that fronts Main Street) to mitigate for the new commercial space. HPC granted setback variances for the project to accommodate the preservation of the historic resources and the new buildings on the site. The resolution vested the approval until September 21, 2014. Elevations and floor plans are provided in Exhibit B. STAFF COMMENTS: VESTED RIGHTS EXTENSION: The Applicant is requesting an extension of their vested rights until September 21, 2014, pursuant to Section 26.308.010 (C) Extension or Reinstatement of Vested Rights, of the City's Land Use Code. The review criteria are addressed in Exhibit A. RECOMMENDATION: Staff recommends that the City Council approve the requested extension of vested property rights with an expiration date of September 21, 2014 for 604 West Main Street. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Resolution No.�feries of 2010, approving with conditions an extension of vested property rights for 604 West Main Street as was originally approved by Historic Preservation Commission Resolution No. 19, Series of 2008 and Planning and Zoning Commission Resolution No. 15, Series of 2008. The new expiration date shall be September 21, 2014." 604 West Main Street Staff Memo 2 0 CITY MANAGER'S COMMENTS: ATTACHMENTS: EXHIBIT A — Review Criteria and Staff Findings. EXHIBIT B — HPC approved floor plans and elevations. EXHIBIT C - Application. 604 West Main Street Staff Memo 3 r RESOLUTION NO,ga, (Series of 2010) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING AN EXTENSION OF THE VESTED RIGHTS GRANTED BY HISTORIC PRESERVATION COMMISSION RESOLUTION NO. 19, SERIES OF 2008 AND PLANNING AND ZONING COMMISSION RESOLUTION NO. 15, SERIES OF 2008 FOR THE PROPERTY DESCRIBED LOTS Q, R, AND S, BLOCK 24, AS COMMONLY DESCRIBED AS 604 WEST MAIN STREET, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735- 124 -44 -008 WHEREAS, the Community Development Department received an application from 604 West LLC, Neil Karbank, Manager, requesting approval of a three year extension of the vested rights granted for 604 West Main Street pursuant to Historic Preservation Commission Resolution No. 19, Series of 2008 and Planning and Zoning Commission Resolution No. 15, Series of 2008; and, WHEREAS, the Planning and Zoning Commission adopted Resolution No. 15, Series of 2008, which granted Growth Management review for the Expansion of a Historic Landmark for Mixed Use Development and Growth Management review for Affordable Housing for part of a development order that is valid until September 21, 2011; and, WHEREAS, the Historic Preservation Commission adopted Resolution No. 19, Series of 2008, which granted a certificate of appropriateness for Major Development, and approval of Variances and Commercial Design Standard Review for part of a development order that is valid until September 21, 2011; and, WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use Code, City Council may grant an extension of vested rights after a public hearing is held and a resolution is adopted; and, WHEREAS, the Community Development Director has reviewed the application and recommended approval of an extension of vested rights until September 21, 2014; and, WHEREAS, the Aspen City Council has reviewed and considered the request under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the extension of vested rights proposal meets or exceeds all applicable land use standards and that the approval of the extension of Resolution No. , Series of 2010 Page I of 3 . . vested rights proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO, THAT: Section 1: The Aspen City Council does hereby approve an extension of vested rights as approved by Historic Preservation Commission Resolution No. 19, Series of 2008 and Planning and Zoning Commission Resolution No. 15, Series of 2008 through September 21, 2014. Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: A duly noticed public hearing on this Resolution was held on the 8th day of November, 2010 at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado. ]signatures on following page] Resolution No. , Series of 2010 Page 2 of 3 FINALLY, adopted, passed, and approved by a vote on this 8th day of November, 2010. Approved as to form: Approved as to content: John Worcester, City Attorney Michael C. Ireland, Mayor Attest: Kathryn S. Koch, City Clerk Resolution No. , Series of 2010 Page 3 of 3 Exhibit A EXTENSION OR REINSTATEMENT OF VESTED RIGHTS REVIEW CRITERIA & STAFF FINDINGS Section 26.308.010.C., Extension or Reinstatement of Vested Rights, of the City Land Use Code provides that development applications for an extension of vested rights may be approved in accordance with the following standards and requirements. 1. In reviewing a request for the extension or reinstatement of vested rights the City Council shall consider, but not limited to, the following criteria: a. The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement; Staff Finding_ The majority of the conditions of approval adopted by the Historic Preservation Commission are most appropriately addressed during the building permit review process. The applicant submitted and received an encroachment license from the City Engineer for the historic shed that encroaches into the alley. At this time, the applicant has not submitted a building permit. b. The progress made in pursuing the project to date including the effort to obtain any other permits, including a building permit, and the expenditures made by the applicant in pursuing the project; Staff Finding: The Applicant has pursued and been granted a Major Development certificate of appropriateness from the Historic Preservation Commission for this project and Growth Management review for the enlargement of a historic landmark and the create of an affordable housing unit. The applicant estimates that $250,000 has been spent pursuing land use approvals and design development. Stafffnds this criterion to be met. c. The nature and extent of any benefits already received by the city as a result of the project approval such as impact fees or land dedications; Staff Finding: The project is required to pay impact fees when the building permit is issued. d. The needs of the city and the applicant that would be served by the approval of the extension or reinstatement request. Staff Finding: The approved project meets the goals of the historic preservation program by extensively rehabilitating and restoring 3 historic resources on the site. The new components of the project were found to be compatible with the Main Street Historic District by the Historic Preservation Commission: it is under the allowed FAR and under the height limit, it exceeds the pedestrian amenity requirement, and the project does not include additions to Exhibit A 604 West Main Street r the historic resources. The affordable housing rental unit meets the housing mitigation requirements. Stafffands this criterion to be met. 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Ihh'u ii i �h 44,45'1 fii 4'ififl4��,i fif��iif ;� ill li: 1 i � I 1 I fffl L CC °�1 I I- ■ H pis 1 ,1.:a` I ` ' 1 ' 1 i. i ILA iw I J W I I -m - I rr _r 1 o a — I w o I J � L I li 11 . ,, 0 L II o � Co L DP i l e it %� Za P Se/wee-ea Eat 361344a¢iuc, eolaaado 57612 P/a.ra /lax (970)920 -1725 a c/u+caa@aalire.net September 23, 2010 Ms Sara Adams, Senior Planner City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: EXTENSION OF VESTED RIGHTS FOR 604 WEST MAIN STREET Dear Sara, This is an application to extend the vested rights granted to 604 West Main Street. The Development Order for 604 West Main Street was issued on September 21, 2008 (see Exhibit #1) and established a three year period of vested rights for a mixed use re- development of the property. The land use approvals on which the Development Order are based are Aspen Planning and Zoning Commission Resolution No. 15, Series of 2008, and HPC Resolution No. 19, Series of 2008 (see Exhibits #2 and #3, respectively). The applicant for that project and owner of the property is 604 West LLC, Neil Karbank, Manager (see the Title Insurance Policy, attached as Exhibit #4). Authorization for Alan Richman Planning Services to represent the applicant is provided in Exhibit #5. According to the Pre - Application Summary Form you provided to us (see Exhibit #6), Section 26.308.010 C. of the Land Use Code authorizes the Aspen City Council to approve an extension of vested rights. The applicant hereby requests a three (3) year extension of the vested rights for this project, to September 21, 2014. This request is being submitted approximately one year prior to the date of expiration of the vested rights (currently scheduled to occur on September 21, 2011). The reason that this request is being submitted now is that if the applicant is unable to secure an extension then it would be necessary to initiate work on the construction drawings for the project this winter in anticipation of submission of a building permit application next year. The applicant would prefer not to incur these significant expenditures at this time, for the reasons stated below. First however, a brief description of the history of this project is provided. C 3 Ms. Sara Adams September 23, 2010 Page Two Background Mr. Karbank is a long time Aspen resident whose law office has been located at 604 West Main Street for approximately the last decade. He was fortunate enough to have the opportunity to purchase this property from its former owner to secure his long term occupancy of the space. Mr. Karbank also leases an office space on the property to Millard Zimet, another long time local attorney. In 2005, Mr. Karbank submitted an application to the City for a historic landmark lot split for this property, to create a 6,000 sq. ft. lot for re- development as a mixed use project and a 3,000 sq. ft. lot for a free market residence. This application was recommended for approval by the HPC and approved by the Aspen City Council. However, when it came time to file the plat Mr. Karbank concluded that creation of a free market residential lot was not the best option for this property so he allowed the project to expire. Mr. Karbank returned to the public review process with a new application that represented a better concept for the property. The principal features of this project were as follows: 1. Preserve and restore the three contributing historic buildings that are located on the site, so they may continue to be used for many years into the future. 2. Remove the two non - contributing structures. Replace these structures with a new compatible building compound composed of small office buildings and a carport along the alley that has an affordable housing unit on its second floor. The new project is a mixed use development with no free market residential development and no floor area bonus. In fact, the project was approved for Tess than the as -of -right floor area (approximately 7,800 sq. ft. of floor area where 9,000 sq. ft. is allowed by right), Tess than the allowed building height (25' maximum height where 28' is allowed by right and 32' is allowed by Commercial Design Review) and more than the required public amenity space (35% proposed whereas 25% is required). There will be a modest increase in the amount of net leasable commercial space on -site (less than 3,000 sq. ft. of new net leasable space) which will be mitigated by building an on -site affordable housing unit and providing on -site parking for each of the uses. The project received conceptual approval from HPC in December, 2007 and GMQS approval from P &Z in April, 2008. Final approval was given by HPC in August, 2008. Shortly thereafter the economic climate both nationally and locally changed dramatically. The financing market for projects such as this has become exceedingly difficult, and not only has the demand for new office space diminished, but attainable rents have declined precipitously. As a result the . applicant has been unable to proceed with development of the project and now seeks City approval of this extension of the project's vested rights. Ms. Sara Adams September 23, 2010 Page Three Responses to Standards of Land Use Code Section 26.308.010 C.1 of the Land Use Code provides the standards for City Council to consider in reviewing a request for the extension of vested rights. The applicant's responses to these standards are as follows: a. The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement. Response: A review of the HPC and P &Z resolutions indicates that the conditions applied to the project involved primarily design features and similar project elements that were to be resolved with the submission of plans to obtain a building permit. There were no plats that needed to be recorded or dedications that needed to be made that would logically be completed prior to submission of the building permit application. The applicant did apply for and receive an encroachment license from the City Engineer for the shed that encroaches into the alley. The applicant also took the necessary actions to stabilize the historic shed that straddles the lot line between this project and the adjacent property at 612 West Main Street. That structure was in danger of collapsing so the applicant had wood beams installed to stabilize the structure. More recently the roof of this shed has been compromised as a result of some storms. The applicant discussed this situation with City staff and has agreed to either repair or replace the roofing materials on the shed. The applicant also mentioned to staff that he would like to proceed with the restoration of the shed, as proposed in the application. The applicant would like to complete this work within the coming year, in advance of the rest of the project, provided he has the funds to do so. b. The progress made in pursuing the project to date including the effort to obtain any other permits, including a building permit, and the expenditures made by the applicant in pursuing the project. Response: Following HPC final approval the applicant and his architects advanced the project design to what is known in the profession as the "design development" phase. This is typically considered to be the precursor to the actual issuance of construction drawings for the project. The applicant has spent approximately $250,000 preparing the land use applications, design drawings and models for the project and pursuing and obtaining the necessary City approvals. A more detailed accounting of these costs can be provided if the Council deems it necessary. Ms. Sara Adams September 23, 2010 Page Four c. The nature and extent of any benefits already received by the city as a result of the project approval such as impact fees and land dedications. Response: The applicant has not yet made any impact fee payments for this project, although such payments will be made at the time a building permit is issued for the project. The impact fee payments that will be made at building permit review include the park development impact fee, TDM /air quality impact fee and school land dedications fee. The City has adopted a new stormwater impact fee since the time of approval of this project, and that fee will also apply at the time of building permit review. d. The needs of the city and the applicant that would be served by the approval of the extension or reinstatement request. Response: The needs of the City and the applicant that would be served are that this project, which complies with many key aspects of the Aspen Area Community Plan and represents a positive contribution to the community fabric, would remain valid. Elements of the project that comply with the AACP include the following: 1. There are three historic structures on this site — the Wylie house, the art barn and the shed. All three structures would be preserved and restored as a result of this application. HPC granted approval to this application, finding it to be the appropriate way to preserve the historic landmark structures on the property and to allow for compatible new development. 2. The proposed floor area and height of the project are well below that allowed in the Mixed Use zone district and the pedestrian amenity space that will be provided is well in excess of that required for the site. 3. The project complies with the City's mitigation standards for affordable housing and parking, including provision of on -site deed restricted housing. No special reductions or waivers were requested for either of these features. 4. The project is located within the infill area and will provide a home for two existing locally owned offices. A free market residence is not included in the project, even though the Code would allow such a unit to be built. The applicant believes it is in both the applicant's and the City's interest to extend the prior approvals so this project can be built at a time when there is again a market for new office space. 0 Ms. Sara Adams September 23, 2010 Page Five Conclusion The applicant looks forward to your review of this request and to its consideration by the Aspen City Council. Please do not hesitate to contact us if you have any questions regarding this matter. Very truly yours, ALAN RICHMAN PLANNING SERVICES AL &e Alan Richman, AICP C 0 EXHIBITS c 0 EXHIBIT #1 DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders ", and Section 26.308.010, "Vested Property Rights ", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. 604 West LLC, c/o Neil Karbank, Manager, 604 West Main Street, Aspen, Colorado, 81611, 970 - 920 -2899. Property Owner's Name, Mailing Address 604 West Main Street, Lots 0, R and 8, Block 24, City and Towusite of Aspen, Colorado Legal Description and Street Address of Subject Property Historic Preservation Commission approved a mixed use development of commercial and affordable housing on the landmark property to include two new buildings and the rehabilitation of the two existing historic structures. Demolition of two non- historic buildings, setback variances and the relocation of two historic - structures were approved. The Planning and Zoning Commission granted growth management review for the new net leasable commercial space and affordable housing. Written Description of the Site Specific Plan and/or Attachment Describing Plan Approved per Planning and Zoning Resolution No. 15, Series of 2008, passed on April 1, 2008 and Historic Preservation Commission Resolution No. 43, Series of 2007 and No. 19, Series of 2008, passed on December 12.2007 and August 13, 2008 respectively. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) September 21, 2008 Effective Date of Development Order (Same as date of publication of notice of approval.) September 21, 2011 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 1 t day of September, 2008, by the City of Aspen Community Development Director. Chris Ben.. , Community Development Director EXHIBIT #2 A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING WITH CONDITIONS GROWTH MANAGEMENT REVIEW FOR THE ENLARGEMENT OF A HISTORIC LANDMARK AND GROWTH MANAGEMENT REVIEW FOR AN AFFORDABLE HOUSING UNIT LOCATED AT 604 WEST MAIN STREET, LOTS Q, R, AND S, BLOCK 24 CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO PARCEL NO. 2735-124-44-008. RESOLUTION NO. 15 (SERIES OF 2008) WHEREAS, the Community Development Department received an application from 604 West LLC, owned and operated by Neil Karbank and represented by Alan Richman Planning Services and Stryker Brown Architects, requesting approval of' Growth Management Review for the Enlargement of a Historic Landmark for a Mixed Use Development and Growth Management Review for Affordable Housing to enlarge the historic landmark by adding 2,975 of new net leasable commercial area and an affordable housing unit; and, WHEREAS, the Applicant received Commercial Design Standard approval from the Historic Preservation Commission on December 12, 2007; and, WHEREAS, the Applicant received Major Development Conceptual, Relocation and Demolition approval from the Historic Preservation Commission on December 12, 2007; and, WHEREAS, the Applicant was granted setback variances by the Historic Preservation Commission on December 12, 2007; and, WHEREAS, the subject property is zoned MU (Mixed Use); and, WHEREAS, the subject property is listed on the Aspen Inventory of Historic Landmark Sites and Structures; and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended approval with conditions, of the land use requests; and, WHEREAS, during a duly noticed public hearing on April 1, 2008, the Planning and Zoning Commission approved Resolution No.15, Series of 2008, by a four to zero (4 -0) vote, approving Growth Management Review: the Enlargement of a Historic Landmark for a Mixed Use Development and Growth Management Review: Affordable Housing, for the development of two new commercial buildings and an affordable housing unit consisting of a total of 4,335 square feet of net leasable area and approximately 1,200 square feet of affordable housing located on the property at 604 West Main Street, Lots Q, R, and S, Block 24, City and Townsite of Aspen, CO; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, P& Z Resolution #15, Series of 2008 Page 1 of 7 oom WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby approves with conditions a Growth Management Review for the enlargement of a historic landmark for mixed use development and a Growth Management Review for the development of affordable housing for the property located at 604 West Main Street, Lots Q, R, and S, Block 24, City and Townsite of Aspen, CO. The use mix and dimensional requirements shall comply with the MU zone district, as included in the chart below. Specific square footage requirements may be amended, pursuant to compliance with the MU zone district. I —" i -u' t li- . IIii i {.�� F v 4 1 A 1 t k r P "tnsf nC_V�, — :L: I.. Minimum Lot 9,000 sq. ft. 3,000 sq. ft. Size Minimum Lot 90 ft. 30 ft. Width Minimum Lot 9,000 sq. ft. 3,000 sq. ft. Area/Dwelling Minimum Front 10 ft. 10 ft., which may be reduced to 5 ft. pursuant Yard Setback to Special Review Section 26.430 Minimum Side 1 ft. (east side, HPC granted 6 ft. 8 in. (east side, comer) Yard Setback variance) 5 ft. (west side) 5 ft. (west side) Minimum Rear 0 ft.(for Historic Barn and AHU, 5 ft. Yard Setback HPC granted variance) Maximum Height 25 ft or less 28 ft. for Commercial, which may be increased to 32 ft. by Commercial Design Review 25 ft. for Residential Minimum Distance between 10 ft. 10 ft. Buildings on Lot Pedestrian Minimum of 35% 25% (pursuant to Section 26.575.030, Public Amenity Space Amenity) Maximum Approximately 7,800 or Maximum cumulative is 9,000 sq. ft. or 1:1, P& Z Resolution #15, Series of 2008 Page 2 of 7 r r e 7 '.I 1� ? .ti.. ;■i i allowable floor 0.87:1 which maybe increase to 1:1.25 through area S • ecial Review Minimum 6 spaces (5 spaces for the A total of 6 spaces for the proposed Number of 4,390 sq. ft. of net leasable, development- 1 per 1,000 sq. ft. of net leasable Parkin: S.aces and 1 .ace for the AHunit area, and one .erdwellin: unit. Section 2: Building Permit Application The building permit application shall include the following: a. A copy of the HPC conceptual and final Resolution and a copy of the P&Z Resolution. b. The conditions of approval by HPC and P&Z printed on the cover page of the building permit set. c. A fugitive dust control plan to be reviewed and approved by the City Engineering Department. d. Improvements to the right of way shall include new grass, irrigation, and possibly the replacement of street trees, and shall be approved prior to building permit submittal. Improvements to the Main Street right of way will require over site by the City Forester. Detail root zones of trees in the right of way that may be impacted by the improvements. e. An excavation- stabilization plan, construction management plan (CMP), and drainage and spoils report pursuant to the Building Department's requirements. The CMP shall include an identification of construction hauling routes, construction phasing, and a construction traffic and parking plan for review and approval by the City Engineer and Streets Department Superintendent. The construction management plan shall also identify that the adjacent sidewalks will be kept open and maintained throughout construction. Staging areas will be identified in the plan, and shall indicate that the alley shall not be closed during construction. No stabilization will be permitted in the City right of way. Storm run off must be addressed. f. A complete geotechnical report and geotechnical design need to be part of the permit submittal plan. g. Accessibility and ADA requirements shall meet adopted Building Code requirements. h. An approved Landscape Plan. Section 3: Dimensional Requirements The building as presented in the plans contained within the application complies with the dimensional requirements of the Mixed Use (MU) zone district, with the exception of the setback variances granted by the Historic Preservation Commission via Resolution #43 Series of 2007. Compliance with these requirements will be verified by the City of Aspen Zoning Officer at the time of building permit submittal. P& Z Resolution #15, Series of 2008 Page3of7 0 Section 4: Trash/Utility Service Area The trash containers shall be wildlife proof and meet the Certificate of Appropriateness regulations pertaining to size and security. Section 5: Sidewalks, Curb, and Gutter The sidewalks shall be upgraded to meet the City Engineer's standards, HPC recommendations and ADA requirements, and prior to issuance of a Building Permit, the applicant shall provide plans that meet the approval of the City Engineer. Such improvements shall be made prior to a Certificate of Occupancy on any of the units within the development. Section 6: Affordable Housing A. The affordable housing requirements of the project shall be met with provision of one unit. The Applicant shall provide a three bedroom, Category 4, 1,200 square feet unit as represented in their application. B. The unit is permitted to be rental with the following conditions: a. The unit will be deed - restricted as Category 4 to be approved by APCHA and finalized at time of Final approval. b. The deed - restriction will allow for the unit to become an ownership unit at such time the owners would request this change and/or at such time the APCHA deems the unit out of compliance over a period of one year. If the unit is found to be out of compliance for one year, or the owner elects to sell the unit, the unit would be listed for sale with the Housing Office as specified in the deed restriction. If the unit is being sold due to non - compliance, the sales price will be based upon the price from the day the non - compliance began. If the unit is being sold due to non- compliance, the unit will be sold through the lottery system. If the owner elects to sell the unit, the owner may choose the first buyer only the household qualifies under the top priority for that specific unit. c. An agreement will be established between the owners of the commercial space and APCHA regarding the tenancy of the affordable housing unit. At NO time will the tenancy of that unit be tied to any specific employer. If the owner cannot find a qualified a tenant, the owner will contact APCHA and the unit(s) will be filled through APCHA's normal advertising process. d. Two reserved parking spaces would be preferred for the affordable housing unit; however, one parking space is required by the Code and the HPC has approved one parking space for the affordable housing unit. e. The units shall be owned by an Association and managed by that Association; however, the applicant must provide to APCHA, at final approval, more detail of maintaining and managing said unit. f. Each tenant in the rental unit will be required to be requalified by APCHA on a yearly basis. P& Z Resolution #15, Series of 2008 Page 4 of 7 g. Minimum occupancy for the three - bedroom unit is required (i.e., a household of three consisting of all working adults or a family). Should the unit become a "for sale" unit, the top priority for the unit is a household of three with at least one a dependent as defined in the Aspen/Pitkin County Housing Guidelines. h. The governing documents shall be drafted to reflect the potential for the rental unit to become an ownership unit. These governing documents shall be reviewed and approved by APCHA. i. Should the rental unit become an ownership unit, the APCHA or the City of Aspen can elect to purchase the unit for rental to qualified households in accordance with the APCHA Housing Guidelines. j. As long as the affordable housing unit remains as a rental unit, the APCHA or the applicant shall structure a deed restriction for the unit such that an undivided 1110` of 1 percent interest in the ownership of the unit is deed restricted in perpetuity to the Aspen/Pitkin County Housing Authority; or until such time the unit becomes an ownership unit; or the applicant may propose any other means that the Housing Authority determines acceptable. k. Language shall be provided in the Protective Covenants covering the unit's assessments upon the unit becoming a "for sale" unit. The assessments shall be based on the value of the commercial space compared to and in proportion to the value of the deed - restricted unit. This language shall be required in the approval and in the Covenants associated with the project and allow for the same voting representation commercial space if the unit becomes a "for sale" unit. No changes to this restriction would be allowed without APCHA's approval. C. The affordable housing unit shall receive a Certificate of Occupancy prior to or at the same time as the newly developed commercial space. A deed restriction shall be recorded prior to the Certificate of Occupancy and, if applicable, at the same time as the recordation of the Condominium Plat. Section 7: Water Department Requirements The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. within the building shall have individual water meters. Section 8: Sanitation District Requirements a. Service is contingent upon compliance with the Aspen Consolidated Sanitation District's (ACSD) rules, regulations, and specifications, which are on file at the District office. ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. b. On -site utility plans require approval by ACSD. P& Z Resolution #15, Series of 2008 Page 5 of 7 c. Oil and Sand separators are required for parking garages and vehicle maintenance establishments. Driveway entrance drains must drain to drywells. Elevator shaft drains must flow through oil and sand interceptors. d. Old service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements before any and all sol stabilization measures are attempted and prior to ACSD releasing any and all permits. Below grade development may require installation of a pumping system. One tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single service line. Permanent improvements are prohibited in sewer easements or right of ways. e. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. f. All ACSD fees must be paid prior to the issuance of a building permit. g. The glycol heating and snow melt system must be designed to prohibit and discharge of glycol to any portion of the public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. h. Soil Nails are not allowed in the public ROW above ACSD main sewer lines. Section 9: Exterior Lighting All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor Lighting. Section 10: Landscaping a. Proposed on grade improvements need to be designed with the maximum protection of the root zones around the cottonwood trees. Plans shall identify impacts to water and air absorption into the soil as well as root impacts. b. Prior to any the issuance of any demolition or building permits, tree removal will be approved by the Parks Department. Mitigation for removals will be paid through cash -in -lieu or on site with street trees. c. A formal plan indicating the location of the tree protection, and the location of trees and the drip line of the trees in relationship to the existing structure and proposed structures, will be required for the building permit set. Section 11; Park Development and TDM/Air Ouality Impact Fee Pursuant to Land Use Code Section 26.610, Impact Fees, the Applicant shall pay a park development impact fee and a TDM/Air Quality impact fee prior to building permit issuance. The fee shall be calculated according to the fee schedule in Land Use Code Section 26.610.09 0, Fee Schedule. Section 12: School Lands Dedication Fee Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall pay a fee -in -lieu of land dedication prior to building permit issuance. The City of Aspen Community Development Department shall calculate the amount due using the calculation methodology and fee schedule in affect at the time of building permit submittal. The Applicant shall provide the market value of the land including site improvements, but excluding the value of structures on the site. P& Z Resolution #15, Series of 2008 Page 6 of 7 0 Section 13: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or Historic Preservation Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 14: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 15: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this I day of April, 2008. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: az.c H -- -- — L_ ames R. True, Special Counsel E spamer; Chair n Gf,b b s ATTEST: a e Lothian, Deputy City Clerk P& Z Resolution #15, Series of 2008 Page 7 of 7 r EXHIBIT #3 RESOLUTION 01? THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) APPROVING AN APPLICATION FOR MAJOR DEVELOPMENT (FINAL) AND VARIANCES FOR THE PROPERTY LOCATED AT 604 WEST MAIN STEET, LOTS Q, R AND S, BLOCK 24, CITY AND TOWNSITE OF ASPEN, COLORADO. RESOLUTION NO. 19, SERIES OF 2008 PARCEL ID: 2735 - 124-44 -008. WHEREAS, the applicant, 604 West LLC, c/o Neil Karbank, Manager, represented by Alan Richman Planning Services and Stryker Brown Architects for the property located at 604 West Main Street, Lots Q, R and S, Block 24, City and Townsite of Aspen, Colorado; and WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or district until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review;" and WHEREAS, for Final Major Development Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.D.4.of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, for approval of setback variances, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine, per Section 26.415.110.0 of the Municipal Code, that the setback variance: a. Is similar to the pattern, features and character of the historic property or district; and/or b. Enhances or mitigates an adverse impact to the historic significance or architectural character of the historic property, an adjoining designated historic property or historic district; and WHEREAS, Sara Adams, in her staff report dated August 13, 2008, performed an analysis of the application based on the standards, found that the review standards and the "City of Aspen Historic Preservation Design Guidelines have been met, and recommended approval; and WHEREAS, at their regular meeting on August 13, 2008, the Historic Preservation Commission considered the application, found the application was consistent with the review standards and "City of Aspen Historic Preservation Design Guidelines" and "City of Aspen Commercial, Lodging and Historic District Design Objectives and Guidelines" and approved the application by a voteof4to 1. RECEPTION #: 552426, 08/29/2008 at 10:31:47 AM, 1 OF 3, R $16.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO NOW, THEREFORE, BE IT RESOLVED: That HPC hereby recommends approval for Major Development (Final) for the property located at 604 West Main Street, Lots Q, R and S, Block 24, City and Townsite of Aspen, Colorado, as proposed with the following conditions; 1. The material for the car screen and the height shall be approved by Staff and monitor prior to purchase and installation. 2. A revised lighting plan and a reduced variety of fixtures shall be approved by Staff and monitor prior to purchase and installation. The lighting fixtures on the Wylie house will be different than the rest of the project. 3. The following variances are granted: A distance between buildings variance of three is granted where approximately seven feet are provided between the Fifth Street (East Office) building and the Main Street (West Office) building and ten feet are required; a distance between buildings variance of two feet nine inches is granted where approximately seven feet three inches are provided between the Fifth Street (East Office) building and the Art Barn and ten feet are required. 4. Wooden windows will be used on the Wylie house. 5. During construction, staff and monitor will inspect the front gable end wall in the Wylie house framing to determine an appropriate size for the proposed double hung window. 6. A detailed description of the Wylie porch restoration will be submitted for review and approval by Staff and monitor prior to the issuance of a building permit. If available, historic photographs of the Wylie House shall be used for the restoration. 7. Information on all venting locations and meter locations not described in the approved drawings shall be provided for review and approval by staff and monitor when the information is available. 8. There shall be no deviations from the exterior elevations as approved without first being reviewed and approved by HPC staff and monitor, or the full board. 9. The development approvals granted herein shall constitute a site - specific development plan vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site - specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public' of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 604 West Main Street. Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. 10. Applicant will study natural wood siding to see if paint would be more appropriate. APPROVED BY THE COMMISSION at its regular meeting on the 13th day of August 2008. Michael Hoffman, C it Attest: Kathy S 'ckland, Chief Deputy Cler Approved as to Form: im True, Special Counsel • EXHIBIT #4 • SCHEDULE A- OWNER'S POLI&' • CASE NUMBER DATE OF POLICY AMOUNT OF INSURANCE POLICY NUMBER • PCT19415L3 May 17, 2005 @ 4:43 PM A75- Z024599 • 1. NAME OF INSURED: • 604 WEST LLC 2. THE ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS: 4 • IN FEE SIMPLE • 3. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN: • 604 WEST LLC • • 4. THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF , STATE OF • COLORADO AND IS DESCRIBED AS FOLLOWS: • LOTS Q, R AND S, BLOCK 24, • CITY AND TOWNSITE OF ASPEN. • • • • • • • • • • 4 4 4 4 4 Countersigned: • 44A/it • • Authorized officer or agent • PITKIN COUNTY TITLE, INC. • 601 E. HOPKINS AVE. ASPEN, COLORADO 81611 • (970) 9 25 - 1766/(970) - 925-6527 FAX • • • • • 3 • SCHEDULE B- OWNERS CASE NUMBER DATE OF POLICY POLICY NUMBER PCT19415L3 May 17, 2005 @ 4:43 PM A75- Z024899 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 4 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 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Water rights, claims or title to water. i I t 6. Taxes for the year 2005 not yet due or payable. f 7. Easements, rights of way and all matters as disclosed on Survey of subject property recorded November 29, 1999 in Plat Book 51 at Page 83. 8. Encroachments as shown on said property as shown on Survey by Louis H. Buettner dated October 12, 1999, as recorded in Plat Book 51 at Page 83 as Reception No. 438052. � I F y I �i 4 1 r { 1 I • 0 0 EXHIBIT #5 Ms. Sara Adams, Senior Planner City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: EXTENSION OF VESTED RIGHTS FOR 604 WEST MAIN STREET Dear Sara, I hereby authorize Alan Richman Planning Services to act as my designated representative with respect to the land use application being submitted to your office for my property located at 604 West Main Street. Alan Richman is authorized to submit an application to extend the vested rights previously granted for the re- development of this property. He is also authorized to represent me in meetings with City staff and the City's review bodies. Should you have any need to contact me during the course of your review of this application, you may contact me directly or you may do so through Alan Richman Planning Services, whose address and telephone number are included in the development application. Sincerely, Neil D! arbank, Manager 604 West LLC 604 West Main Street Aspen, Colorado 81611 920 -2899 EXHIBIT #6 3 CITY OF ASPEN PRE - APPLICATION CONFERENCE SUMMARY PLANNER: Sara Adams, (970) 429 -2778 DATE: 03.15.10 PROJECT: 604 West Main Street REPRESENTATIVE: Alan Richman, land planner (970)920.1125 arichman @sopris.net TYPE OF APPLICATION: Extension of Vested Rights DESCRIPTION: History: The Historic Preservation Commission (HPC) passed Resolutions No. 43, Series of 2007 and No. 19, Series of 2008, on December 12, 2007 and August 13, 2008 respectively. HPC approved a mixed use development of commercial and affordable housing on the landmark property to include two new buildings and the rehabilitation of the two existing historic structures. Demolition of two non- historic buildings, setback variances and the relocation of two historic structures were approved. On April 1, 2008 the Planning and Zoning Commission granted Growth Management approval for the new net leasable commercial space and affordable housing via Resolution No. 15, Series of 2008. The Community Development Department issued a Development Order on September 21, 2008 that is valid for three years, until September 21, 2011. Proposal: The potential applicant is interested in extending the vested rights for the approved development beyond the September 21, 2011 expiration date. City Council has the authority to extend vested rights pursuant to Land Use Code Section 26.308.010.C. The application must address the review criteria listed in Section 26.308.010.C.1. PROCESS: Vested rights extension is a one step process at City Council. Public noticing is required for this hearing. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.308 Vested Property Rights Review by: Planning Staff, City Council. Public Hearing: Yes, posting, mailing and publication. Referral Agencies: none. Planning Fees: $1,470 for 6 hours of staff time. Referral Agency Fees: $0. Total Deposit: $1,470. To apply, submit the following information: 1. Proof of ownership with payment. 2. Signed fee agreement (all applications) 3. Completed City of Aspen application form (all applications). 4. Applicants name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 5. 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 attomey 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. 6. Total deposit for review of the application. 7. 8 Copies of the complete application packet and maps. HPC = 12; PZ = 10; GMC = PZ +5; CC = 7; Referral Agencies = 1/ea.; Planning Staff =1 8. An 81/2' by 11' vicinity map locating the parcel within the City of Aspen. 9. 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.) 10. 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, 11. List of adjacent property owners within 300' for public hearing. The GIS department can provide this list on mailing labels for a small fee. 920.5453 12. Copies of prior approvals. 13. Applications shall be provided in paper format (number of copies noted above) as well as the text only on a Compact Disk (CD). Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. A 3 -D rendering of the design proposal in SketchUp shall be included on the CD. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. ilea* gee;euatcud' ' tuat auy Sezaa Fax 36,3,44¢ea. edemas 21612 wise /'?ax (970)920 -1125 ��� ` .Ket September 23, 2010 SEP 2 4 2010 CITY OF riarcW Ms Sara Adams, Senior Planner COMMUNITY DEVELOPMENT City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: EXTENSION OF VESTED RIGHTS FOR 604 WEST MAIN STREET Dear Sara, This is an application to extend the vested rights granted to 604 West Main Street. The Development Order for 604 West Main Street was issued on September 21, 2008 (see Exhibit #1) and established a three year period of vested rights for a mixed use re- development of the property. The land use approvals on which the Development Order are based are Aspen Planning and Zoning Commission Resolution No. 15, Series of 2008, and HPC Resolution No. 19, Series of 2008 (see Exhibits #2 and #3, respectively). The applicant for that project and owner of the property is 604 West LLC, Neil Karbank, Manager (see the Title Insurance Policy, attached as Exhibit #4). Authorization for Alan Richman Planning Services to represent the applicant is provided in Exhibit #5. According to the Pre - Application Summary Form you provided to us (see Exhibit #6), Section 26.308.010 C. of the Land Use Code authorizes the Aspen City Council to approve an extension of vested rights. The applicant hereby requests a three (3) year extension of the vested rights for this project, to September 21, 2014. This request is being submitted approximately one year prior to the date of expiration of the vested rights (currently scheduled to occur on September 21, 2011). The reason that this request is being submitted now is that if the applicant is unable to secure an extension then it would be necessary to initiate work on the construction drawings for the project this winter in anticipation of submission of a building permit application next year. The applicant would prefer not to incur these significant expenditures at this time, for the reasons stated below. First however, a brief description of the history of this project is provided. • C Ms. Sara Adams September 23, 2010 Page Two Background Mr. Karbank is a long time Aspen resident whose law office has been located at 604 West Main Street for approximately the last decade. He was fortunate enough to have the opportunity to purchase this property from its former owner to secure his long term occupancy of the space. Mr. Karbank also leases an office space on the property to Millard Zimet, another long time local attorney. In 2005, Mr. Karbank submitted an application to the City for a historic landmark lot split for this property, to create a 6,000 sq. ft. lot for re- development as a mixed use project and a 3,000 sq. ft. lot for a free market residence. This application was recommended for approval by the HPC and approved by the Aspen City Council. However, when it came time to file the plat Mr. Karbank concluded that creation of a free market residential lot was not the best option for this property so he allowed the project to expire. Mr. Karbank returned to the public review process with a new application that represented a better concept for the property. The principal features of this project were as follows: 1. Preserve and restore the three contributing historic buildings that are located on the site, so they may continue to be used for many years into the future. 2. Remove the two non - contributing structures. Replace these structures with a new compatible building compound composed of small office buildings and a carport along the alley that has an affordable housing unit on its second floor. The new project is a mixed use development with no free market residential development and no floor area bonus. In fact, the project was approved for Tess than the as -of -right floor area (approximately 7,800 sq. ft. of floor area where 9,000 sq. ft. is allowed by right), Tess than the allowed building height (25' maximum height where 28' is allowed by right and 32' is allowed by Commercial Design Review) and more than the required public amenity space (35% proposed whereas 25% is required). There will be a modest increase in the amount of net leasable commercial space on -site (less than 3,000 sq. ft. of new net leasable space) which will be mitigated by building an on -site affordable housing unit and providing on -site parking for each of the uses. The project received conceptual approval from HPC in December, 2007 and GMQS approval from P &Z in April, 2008. Final approval was given by HPC in August, 2008. Shortly thereafter the economic climate both nationally and locally changed dramatically. The financing market for projects such as this has become exceedingly difficult, and not only has the demand for new office space diminished, but attainable rents have declined precipitously. As a result the applicant has been unable to proceed with development of the project and now seeks City approval of this extension of the project's vested rights. Ms. Sara Adams September 23, 2010 Page Three Responses to Standards of Land Use Code Section 26.308.010 C.1 of the Land Use Code provides the standards for City Council to consider in reviewing a request for the extension of vested rights. The applicants responses to these standards are as follows: a. The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement. Response: A review of the HPC and P&Z resolutions indicates that the conditions applied to the project involved primarily design features and similar project elements that were to be resolved with the submission of plans to obtain a building permit. There were no plats that needed to be recorded or dedications that needed to be made that would logically be completed prior to submission of the building permit application. The applicant did apply for and receive an encroachment license from the City Engineer for the shed that encroaches into the alley. The applicant also took the necessary actions to stabilize the historic shed that straddles the lot line between this project and the adjacent property at 612 West Main Street. That structure was in danger of collapsing so the applicant had wood beams installed to stabilize the structure. More recently the roof of this shed has been compromised as a result of some storms. The applicant discussed this situation with City staff and has agreed to either repair or replace the roofing materials on the shed. The applicant also mentioned to staff that he would like to proceed with the restoration of the shed, as proposed in the application. The applicant would like to complete this work within the coming year, in advance of the rest of the project, provided he has the funds to do so. b. The progress made in pursuing the project to date including the effort to obtain any other permits, including a building permit, and the expenditures made by the applicant in pursuing the project. Response: Following HPC final approval the applicant and his architects advanced the project design to what is known in the profession as the "design development" phase. This is typically considered to be the precursor to the actual issuance of construction drawings for the project. The applicant has spent approximately $250,000 preparing the land use applications, design drawings and models for the project and pursuing and obtaining the necessary City approvals. A more detailed accounting of these costs can be provided if the Council deems it necessary. Ms. Sara Adams September 23, 2010 Page Four c. The nature and extent of any benefits already received by the city as a result of the project approval such as impact fees and land dedications. Response: The applicant has not yet made any impact fee payments for this project, although such payments will be made at the time a building permit is issued for the project. The impact fee payments that will be made at building permit review include the park development impact fee, TDM /air quality impact fee and school land dedications fee. The City has adopted a new stormwater impact fee since the time of approval of this project, and that fee will also apply at the time of building permit review. d. The needs of the city and the applicant that would be served by the approval of the extension or reinstatement request. Response: The needs of the City and the applicant that would be served are that this project, which complies with many key aspects of the Aspen Area Community Plan and represents a positive contribution to the community fabric, would remain valid. Elements of the project that comply with the AACP include the following: 1. There are three historic structures on this site — the Wylie house, the art barn and the shed. All three structures would be preserved and restored as a result of this application. HPC granted approval to this application, finding it to be the appropriate way to preserve the historic landmark structures on the property and to allow for compatible new development. 2. The proposed floor area and height of the project are well below that allowed in the Mixed Use zone district and the pedestrian amenity space that will be provided is well in excess of that required for the site. 3. The project complies with the City's mitigation standards for affordable housing and parking, including provision of on -site deed restricted housing. No special reductions or waivers were requested for either of these features. 4. The project is located within the infill area and will provide a home for two existing locally owned offices. A free market residence is not included in the project, even though the Code would allow such a unit to be built. The applicant believes it is in both the applicant's and the City's interest to extend the prior approvals so this project can be built at a time when there is again a market for new office space. C Ms. Sara Adams September 23, 2010 Page Five Conclusion The applicant looks forward to your review of this request and to its consideration by the Aspen City Council. Please do not hesitate to contact us if you have any questions regarding this matter. Very truly yours, ALAN RICHMAN PLANNING SERVICES AL & e Alan Richman, AICP C) EXHIBITS c 0 EXHIBIT #1 DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders ", and Section 26.308.010, `Nested Property Rights ", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three -year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. 604 West LLC. c/o Neil Karbank, Manager, 604 West Main Street, Aspen. Colorado, 81611, 970 - 920 -2899. Property Owner's Name, Mailing Address 604 West Main Street, Lots 0, R and S, Block 24, City and Townsite of Aspen, Colorado Legal Description and Street Address of Subject Property Historic Preservation Commission approved a mixed use development of commercial and affordable housing on the Landmark property to include two new buildings and the rehabilitation of the two existing historic structures: Demolition of two non- historic buildings, setback variances and the relocation of two historic, structures were approved. The Planning and Zoninv Commission granted growth management review for the new net leasable commercial space and affordable housing. Written Description of the Site Specific Plan and/or Attachment Describing Plan Approved per Planning and Zoning Resolution No. 15, Series of 2008, passed on April 1, 2008 and Historic Preservation Commission Resolution No. 43, Series of 2007 and No. 19, Series of 2008. passed on December 12.2007 and August 13, 2008 respectively. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) September 21.2008 Effective Date of Development Order (Same as date of publication of notice of approval.) September 21, 2011 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 I t day of September, 2008, by the City of' Aspen Community Development Director. Chris Ben, • , Community Development Director EXHIBIT #2 A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING WITH CONDITIONS GROWTH MANAGEMENT REVIEW FOR THE ENLARGEMENT OF A HISTORIC LANDMARK AND GROWTH MANAGEMENT REVIEW FOR AN AFFORDABLE HOUSING UNIT LOCATED AT 604 WEST MAIN STREET, LOTS Q, R, AND S, BLOCK 24 CITY AND TOWNSTTE OF ASPEN, PITKIN COUNTY, COLORADO PARCEL NO. 2735-124-44-008. RESOLUTION NO. 15 (SERIES OF 2008) WHEREAS, the Community Development Department received an application from 604 West LLC, owned and operated by Neil Karbank and represented by Alan Richman Planning Services and Stryker Brown Architects, requesting approval of' Growth Management Review for the Enlargement of a Historic Landmark for a Mixed Use Development and Growth Management Review for Affordable Housing to enlarge the historic landmark by adding 2,975 of new net leasable commercial area and an affordable housing unit; and, WHEREAS, the Applicant received Commercial Design Standard approval from the Historic Preservation Commission on December 12, 2007; and, WHEREAS, the Applicant received Major Development Conceptual, Relocation and Demolition approval from the Historic Preservation Commission on December 12, 2007; and, WHEREAS, the Applicant was granted setback variances by the Historic Preservation Commission on December 12, 2007; and, WHEREAS, the subject property is zoned MU (Mixed Use); and, WHEREAS, the subject property is listed on the Aspen Inventory of Historic Landmark Sites and Structures; and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended approval with conditions, of the land use requests; and, WHEREAS, during a duly noticed public hearing on April 1, 2008, the Planning and Zoning Commission approved Resolution No.15, Series of 2008, by a four to zero (4 -0) vote, approving Growth Management Review: the Enlargement of a Historic Landmark for a Mixed Use Development and Growth Management Review: Affordable Housing, for the development of two new commercial buildings and an affordable housing unit consisting of a total of 4,335 square feet of net leasable area and approximately 1,200 square feet of affordable housing located on the property at 604 West Main Street, Lots Q, R, and S, Block 24, City and Townsite of Aspen, CO; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, P& Z Resolution #15, Series of 2008 Page 1 of 7 i WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Section 26 of the City of' Aspen Municipal Code, the Planning and Zoning Commission hereby approves with conditions a Growth Management Review for the enlargement of a historic landmark for mixed use development and a Growth Management Review for the development of affordable housing for the property located at 604 West Main Street, Lots Q, R, and S, Block 24, City and Townsite of Aspen, CO. The use mix and dimensional requirements shall comply with the MU zone district, as included in the chart below. Specific square footage requirements may be amended, pursuant to compliance with the MU zone district. �� � l irr!)fag 119 : k'�iP' pia- '' ft lri ° y" °�i 1 4 111( t ;tit' 1 i 4 r {' A 1 } Minimum Lot 9,000 sq. ft. 3,000 s q• ft. Size Minimum Lot 90 ft. 30 ft. Width Minimum Lot 9,000 sq. ft. 3,000 sq. ft. Area/Dwellin: Minimum Front 10 ft. 10 ft, which may be reduced to 5 ft. pursuant Yard Setback to S • ecial Review Section 26.430 Minimum Side 1 ft. (east side, HPC granted 6 ft. 8 in. (east side, comer) Yard Setback variance) 5 ft. (west side) 5 ft. (west side) Minimum Rear 0 ft.(for Historic Barn and AHU, 5 ft. Yard Setback HPC granted variance) Maximum Height 25 ft or less 28 ft. for Commercial, which may be increased to 32 ft. by Commercial Design Review 25 ft. for Residential Minimum Distance between 10 ft. 10 ft. Buildin:s on Lot Pedestrian Minimum of 35% 25% (pursuant to Section 26.575.030, Public Ameni S.ace Ameni Maximum A..roximatel 7,800 or Maximum cumulative is 9,000 •. ft. or 1:1, P& Z Resolution #15, Series of 2008 Page 2 of 7 r allowable floor 0.87:1 which maybe increase to 1:1.25 through area S social Review Minimum 6 spaces (5 spaces for the A total of 6 spaces for the proposed Number of 4,390 sq. ft. of net leasable, development- 1 per 1,000 sq. ft. of net leasable Parkin: S' aces and 1 s. ace for the AH unit area, and one . er dwellin: unit. Section 2: Building Permit Application The building permit application shall include the following: a. A copy of the HPC conceptual and final Resolution and a copy of the P &Z Resolution. b. The conditions of approval by HPC and P&Z printed on the cover page of the building permit set. c. A fugitive dust control plan to be reviewed and approved by the City Engineering Department. d. Improvements to the right of way shall include new grass, irrigation, and possibly the replacement of street trees, and shall be approved prior to building permit submittal. Improvements to the Main Street right of way will require over site by the City Forester. Detail root zones of trees in the right of way that may be impacted by the improvements. e. An excavation - stabilization plan, construction management plan (CMP), and drainage and spoils report pursuant to the Building Department's requirements. The CMP shall include an identification of construction hauling routes, construction phasing, and a construction traffic and parking plan for review and approval by the City Engineer and Streets Department Superintendent. The construction management plan shall also identify that the adjacent sidewalks will be kept open and maintained throughout construction. Staging areas will be identified in the plan, and shall indicate that the alley shall not be closed during construction. No stabilization will be permitted in the City right of way. Storm run off must be addressed. f. A complete geotechnical report and geotechnical design need to be part of the permit submittal plan. g. Accessibility and ADA requirements shall meet adopted Building Code requirements. h. An approved Landscape Plan. Section 3: Dimensional Requirements The building as presented in the plans contained within the application complies with the dimensional requirements of the Mixed Use (MU) zone district, with the exception of the setback variances granted by the Historic Preservation Commission via Resolution #43 Series of 2007. Compliance with these requirements will be verified by the City of Aspen Zoning Officer at the time of building permit submittal. P& Z Resolution #15, Series of 2008 Page3of7 !"` Section 4: Trash/Utility Service Area The trash containers shall be wildlife proof and meet the Certificate of Appropriateness regulations pertaining to size and security. Section 5: Sidewalks, Curb, and Gutter The sidewalks shall be upgraded to meet the City Engineer's standards, HPC recommendations and ADA requirements, and prior to issuance of a Building Permit, the applicant shall provide plans that meet the approval of the City Engineer. Such improvements shall be made prior to a Certificate of Occupancy on any of the units within the development. Section 6: Affordable Housing A. The affordable housing requirements of the project shall be met with provision of one unit. The Applicant shall provide a three bedroom, Category 4, 1,200 square feet unit as represented in their application. B. The unit is permitted to be rental with the following conditions: a. The unit will be deed - restricted as Category 4 to be approved by APCHA and finalized at time of Final approval. b. The deed - restriction will allow for the unit to become an ownership unit at such time the owners would request this change and/or at such time the APCHA deems the unit out of compliance over a period of one year. If the unit is found to be out of compliance for one year, or the owner elects to sell the unit, the unit would be listed for sale with the Housing Office as specified in the deed restriction. If the unit is being sold due to non - compliance, the sales price will be based upon the price from the day the non - compliance began. If the unit is being sold due to non- compliance, the unit will be sold through the lottery system. If the owner elects to sell the unit, the owner may choose the first buyer only the household qualifies under the top priority for that specific unit. c. An agreement will be established between the owners of the commercial space and APCHA regarding the tenancy of the affordable housing unit. At NO time will the tenancy of that unit be tied to any specific employer. If the owner cannot find a qualified a tenant, the owner will contact APCHA and the unit(s) will be filled through APCHA's normal advertising process. d. Two reserved parking spaces would be preferred for the affordable housing unit; however, one parking space is required by the Code and the HPC has approved one parking space for the affordable housing unit. e. The units shall be owned by an Association and managed by that Association; however, the applicant must provide to APCHA, at final approval, more detail of maintaining and managing said unit. f. Each tenant in the rental unit will be required to be requalified by APCHA on a yearly basis. P& Z Resolution #15, Series of 2008 Page 4 of 7 g. Minimum occupancy for the three - bedroom unit is required (i.e., a household of three consisting of all working adults or a family). Should the unit become a "for sale" unit, the top priority for the unit is a household of three with at least one a dependent as defined in the Aspen/Pitkin County Housing Guidelines. h. The governing documents shall be drafted to reflect the potential for the rental unit to become an ownership unit. These governing documents shall be reviewed and approved by APCHA. i. Should the rental unit become an ownership unit, the APCHA or the City of Aspen can elect to purchase the unit for rental to qualified households in accordance with the APCHA Housing Guidelines. j. As long as the affordable housing unit remains as a rental unit, the APCHA or the applicant shall structure a deed restriction for the unit such that an undivided 1 /10` of 1 percent interest in the ownership of the unit is deed restricted in perpetuity to the Aspen/Pitkin County Housing Authority; or until such time the unit becomes an ownership unit; or the applicant may propose any other means that the Housing Authority determines acceptable. k. Language shall be provided in the Protective Covenants covering the unit's assessments upon the unit becoming a "for sale" unit. The assessments shall be based on the value of the commercial space compared to and in proportion to the value of the deed - restricted unit. This language shall be required in the approval and in the Covenants associated with the project and allow for the same voting representation commercial space if the unit becomes a "for sale" unit. No changes to this restriction would be allowed without APCHA's approval. C. The affordable housing unit shall receive a Certificate of Occupancy prior to or at the same time as the newly developed commercial space. A deed restriction shall be recorded prior to the Certificate of Occupancy and, if applicable, at the same time as the recordation of the Condominium Plat. Section 7: Water Department Requirements The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. within the building shall have individual water meters. Section 8: Sanitation District Requirements a. Service is contingent upon compliance with the Aspen Consolidated Sanitation District's (ACSD) rules, regulations, and specifications, which are on file at the District office. ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. b. On -site utility plans require approval by ACSD. P& Z Resolution #15, Series of 2008 Page 5 of 7 c. Oil and Sand separators are required for parking garages and vehicle maintenance establishments. Driveway entrance drains must drain to drywells. Elevator shaft drains must flow through oil and sand interceptors. d. Old service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements before any and all sol stabilization measures are attempted and prior to ACSD releasing any and all permits. Below grade development may require installation of a pumping system. One tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single service line. Permanent improvements are prohibited in sewer easements or right of ways. e. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district, f. All ACSD fees must be paid prior to the issuance of a building permit. g. The glycol heating and snow melt system must be designed to prohibit and discharge of glycol to any portion of the public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. h. Soil Nails are not allowed in the public ROW above ACSD main sewer lines. Section 9: Exterior Liehting 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 10: Landscaping a. Proposed on grade improvements need to be designed with the maximum protection of the root zones around the cottonwood trees. Plans shall identify impacts to water and air absorption into the soil as well as root impacts. b. Prior to any the issuance of any demolition or building permits, tree removal will be approved by the Parks Department. Mitigation for removals will be paid through cash -in -lieu or on site with street trees. c. A formal plan indicating the location of the tree protection, and the location of trees and the drip line of the trees in relationship to the existing structure and proposed structures, will be required for the building permit set. Section 11: Park Development and TDM/Air Oualitv Impact Fee Pursuant to Land Use Code Section 26.610, Impact Fees, the Applicant shall pay a park development impact fee and a TDM/Air Quality impact fee prior to building permit issuance. The fee shall be calculated according to the fee schedule in Land Use Code Section 26.610.09 0, Fee Schedule. Section 12: School Lands Dedication Fee Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall pay a fee-in -lieu of land dedication prior to building permit issuance. The City of Aspen Community Development Department shall calculate the amount due using the calculation methodology and fee schedule in affect at the time of building permit submittal. The Applicant shall provide the market value of the land including site improvements, but excluding the value of structures on the site. P& Z Resolution #15, Series of 2008 Page 6 of 7 o Section 13: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or Historic Preservation Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if' fully set forth herein, unless amended by an authorized entity. Section 14: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 15: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 1 day of April, 2008. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: _ erit_ect( ames R. True, Special Counsel qq'trspmer; Chair �izt �tbb ATTEST: a e Lothian, Deputy City Clerk P& Z Resolution #15, Series of 2008 Page 7 of 7 EXHIBIT #3 RESOLUTION 01? THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) APPROVING AN APPLICATION FOR MAJOR DEVELOPMENT (FINAL) AND VARIANCES FOR THE PROPERTY LOCATED AT 604 WEST MAIN STEET, LOTS Q, R AND S, BLOCK 24, CITY AND TOWNSITE OF ASPEN, COLORADO. RESOLUTION NO. 19, SERIES OF 2008 PARCEL ID: 2735- 12444 -008. WHEREAS, the applicant, 604 West LLC, c/o Neil Karbank, Manager, represented by Alan Richman Planning Services and Stryker Brown Architects for the property located at 604 West Main Street, Lots Q, R and S, Block 24, City and Townsite of Aspen, Colorado; and WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or district until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review;" and WHEREAS, for Final Major Development Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.D.4.of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, for approval of setback variances, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine, per Section 26.415.110.0 of the Municipal Code, that the setback variance: a. Is similar to the pattern, features and character of the historic property or district; and/or b. Enhances or mitigates an adverse impact to the historic significance or architectural character of the historic property, an adjoining designated historic property or historic district; and WHEREAS, Sara Adams, in her staff report dated August 13, 2008, performed an analysis of the application based on the standards, found that the review standards and the "City of Aspen Historic Preservation Design Guidelines have been met, and recommended approval; and WHEREAS, at their regular meeting on August 13, 2008, the Historic Preservation Commission considered the application, found the application was consistent with the review standards and "City of Aspen Historic Preservation Design Guidelines" and "City of Aspen Commercial, Lodging and Historic District Design Objectives and Guidelines" and approved the application by a vote of4to 1. RECEPTIONS: 552426, 08/29/2008 at 10:31:47 AM, 1 OF 3, R 516.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO c NOW, THEREFORE, BE IT RESOLVED: That HPC hereby recommends approval for Major Development (Final) for the property located at 604 West Main Street, Lots Q, R and S, Block 24, City and Townsite of Aspen, Colorado, as proposed with the following conditions; 1. The material for the car screen and the height shall be approved by Staff and monitor prior to purchase and installation. 2. A revised lighting plan and a reduced variety of fixtures shall be approved by Staff and monitor prior to purchase and installation. The lighting fixtures on the Wylie house will be different than the rest of the project. 3. The following variances are granted: A distance between buildings variance of three is granted where approximately seven feet are provided between the Fifth Street (East Office) building and the Main Street (West Office) building and ten feet are required; a distance between buildings variance of two feet nine inches is granted where approximately seven feet three inches are provided between the Fifth Street (East Office) building and the Art Barn and ten feet are required. 4. Wooden windows will be used on the Wylie house. 5. During construction, staff and monitor will inspect the front gable end wall in the Wylie house framing to determine an appropriate size for the proposed double hung window. 6. A detailed description of the Wylie porch restoration will be submitted for review and approval by Staff and monitor prior to the issuance of a building permit. If available, historic photographs of the Wylie House shall be used for the restoration. 7. Information on all venting locations and meter locations not described in the approved drawings shall be provided for review and approval by staff and monitor when the information is available. 8. There shall be no deviations from the exterior elevations as approved without first being reviewed and approved by HPC staff and monitor, or the full board. 9. The development approvals granted herein shall constitute a site - specific development plan vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site - specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 604 West Main Street. Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. 10. Applicant will study natural wood siding to see if paint would be more appropriate. APPROVED BY THE COMMISSION at its regular meeting on the 13th day of August 2008. C� Michael Hoffman, C it Attest: Kathy S 'Wand, Chief Deputy Cler Approved as to Form: im True, Special Counsel EXHIBIT #4 • C SCHEDULE A- OWNER'S POLIO • CASE NUMBER DATE OF POLICY AMOUNT OF INSURANCE POLICY NUMBER • PCT19415L3 May 17, 2005 @ 4:43 PM A75- Z024899 • 1. NAME OF INSURED: • 604 WEST LLC • 2. THE ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS: • • IN FEE SIMPLE • 3. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN: • 604 WEST LLC • 4. THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF , STATE OF COLORADO AND IS DESCRIBED AS FOLLOWS: • • LOTS 0, R AND S, BLOCK 24, • CITY AND TOWNSITE OF ASPEN. • • 4 4 4 4 4 4 4 • 4 4 4 4 • Countersigned: • "fit • • Authorized officer or agent 4 PITKIN COUNTY TITLE, INC 601 E. HOPKINS AVE ASPEN, COLORADO 81611 4 (970) 925- 1766/(970) - 925-6527 FAX r 4 4 • • li C ;.... , 4 a SCHEDULE B- OWNERS b DATE OF POLICY POLICY NUMBER 4 CASE NUMBER PCT19415L3 May 17, 2005 @ 4:43 PM A75- Z024899 t THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 4 1. Rights or claims of parties in possession not shown by the public records. 1 2. Easements, or claims of easements, not shown by the public records. I 3. survey conflicts in the es 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 4 i 1 and not shown by the public records. � 5. Water rights, claims or title to water. 1 t 6. Taxes for the year 2005 not yet due or payable. 1 7. Easements, rights of way and all matters as disclosed on Survey of subject property recorded November 29, 1999 in Plat Book 51 at Page 83. I 8. r as No. 4 8052y by Louis H. Buettner dated October 12, 1999, as 1 eco ded n Plat Book 5 at Page 83 If . R IF I 1 I I , t I II tt I t c EXHIBIT #5 Ms. Sara Adams, Senior Planner City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: EXTENSION OF VESTED RIGHTS FOR 604 WEST MAIN STREET Dear Sara, I hereby authorize Alan Richman Planning Services to act as my designated representative with respect to the land use application being submitted to your office for my property located at 604 West Main Street. Alan Richman is authorized to submit an application to extend the vested rights previously granted for the re- development of this property. He is also authorized to represent me in meetings with City staff and the City's review bodies. Should you have any need to contact me during the course of your review of this application, you may contact me directly or you may do so through Alan Richman Planning Services, whose address and telephone number are included in the development application. Sincerely, �� Manager ell D. arbank, M g 604 West LLC 604 West Main Street Aspen, Colorado 81611 920 -2899 EXHIBIT #6 CIPIF ASPEN PRE - APPLICATION CONFERENCE SUMMARY PLANNER: Sara Adams, (970) 429 -2778 DATE: 03.15.10 PROJECT: 604 West Main Street REPRESENTATIVE: Alan Richman, land planner (970)920.1125 arichman @sopris.net TYPE OF APPLICATION: Extension of Vested Rights DESCRIPTION: History: The Historic Preservation Commission (HPC) passed Resolutions No. 43, Series of 2007 and No. 19, Series of 2008, on December 12, 2007 and August 13, 2008 respectively. HPC approved a mixed use development of commercial and affordable housing on the landmark property to include two new buildings and the rehabilitation of the two existing historic structures. Demolition of two non - historic buildings, setback variances and the relocation of two historic structures were approved. On April 1, 2008 the Planning and Zoning Commission granted Growth Management approval for the new net leasable commercial space and affordable housing via Resolution No. 15, Series of 2008. The Community Development Department issued a Development Order on September 21, 2008 that is valid for three years, until September 21, 2011. Proposal: The potential applicant is interested in extending the vested rights for the approved development beyond the September 21, 2011 expiration date. City Council has the authority to extend vested rights pursuant to Land Use Code Section 26.308.010.C. The application must address the review criteria listed in Section 26.308.010.C.1. PROCESS: Vested rights extension is a one step process at City Council. Public noticing is required for this hearing. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.308 Vested Property Rights Review by: Planning Staff, City Council. Public Hearing: Yes, posting, mailing and publication. Referral Agencies: none. Planning Fees: $1,470 for 6 hours of staff time. Referral Agency Fees: $0. Total Deposit: $1,470. To apply, submit the following Information: 1. Proof of ownership with payment. 2. Signed fee agreement (all applications) 3. Completed City of Aspen application form (all applications). 4. Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 5. 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 owners right to apply for the Development Application. 6. Total deposit for review of the application. 7. 8 Copies of the complete lication packet and maps. HPC = 12; PZ = 10; GMC = PZ +5; CC = 7; Referral Agencies = 1 /ea.; Planning Staff =1 8. An 8112' by 11' vicinity map locating the parcel within the City of Aspen. 9. 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.) 10. 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. 11. List of adjacent property owners within 300' for public hearing. The GIS department can provide this list on mailing labels for a small fee. 920.5453 12. Copies of prior approvals. 13. Applications shall be provided in paper format (number of copies noted above) as well as the text only on a Compact Disk (CD). Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. A 3 -D rendering of the design proposal in SketchUp shall be included on the CD. 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 o 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. o RECEIVED LAND USE APPLICATION APPLICANT: SEP 2 4 2010 b °4 we.,k t3- L CITY OF ASPEN Name: COMMUNITY DtvtLUPMENT Location: ( 'A vJisk wa%a- Sk ta'� (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) REPRESENTATIVE: Name: (\ .Po Q .r)v.%man. \.a..�.". Sew ,. Address: Q y- li b V2 Am y". u- Phone #: o1fl • cu., %A LS PROJECT: Name: 4 - K .o.. eF V e.+, (kWS cn1 r` (.o' utter ww.-• S-I . Address: kick w "''c din • ykt.S f+— Phone #: k3 Z`}j4S TYPE OF APPLICATION: (please check all that apply): ❑ Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt. ❑ Special Review ❑ Final PUD (& PUD Amendment) ❑ Final Historic Development ❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt. ❑ GMQS Allotment ❑ Final SPA (& SPA Amendment) ❑ Historic Demolition ❑ GMQS Exemption ❑ Subdivision ❑ Historic Designation ❑ ESA - 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ❑ Lot Split ❑ Temporary Use ® Other: 5 .43/.,.4 -• - 0 ❑ Text/Ma v QA Lot Line Adjustment ❑ Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) < PArer.. \0- r- • PROPOSAL: (description of proposed buildings, uses, modifications, etc.) See- A4a lJ.L ve you attached the following? FEES DUE: $ 1 `1'1'a L Pre- Application Conference Summary g Attachment #1, Signed Fee Agreement Response to Attachment #3, Dimensional Requirements Form IA I et Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards RECEIVED CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT SFF 2 4 2010 Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN CITY OF ASPEN (hereinafter CITY) and 604 West LLC Rif 1111,7 DEVELOPMENT APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for Extension of Vested Rights (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. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the 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 $1,470 which is for 6 hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $245.00 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 (00 4 w g -� L PL By: By: A} Chris Hendon U ' �. �� Community Development Director Date: Billing Address and Telephone Number: 604 West Main Street Aspen, CO 81611 970 - 920 -2899