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HomeMy WebLinkAboutagenda.apz.20190326 AGENDA Aspen Planning and Zoning Commission REGULAR MEETING March 26, 2019 4:30 PM Sister Cities Meeting Room 130 S Galena Street, Aspen I. SITE VISIT II. ROLL CALL III. COMMENTS A. Commissioners B. Planning Staff C. Public IV. MINUTES A. Minutes - February 19, 2019 V. DECLARATION OF CONFLICT OF INTEREST VI. PUBLIC HEARINGS A. 1011 E. Hopkins Ave. - Special Review - Variation to the ADU Design Standards B. 230 E. Hopkins Ave. - Mountain Forge - GMQS Amendment VII. OTHER BUSINESS A. Follow-up from Council/P&Z work session VIII. BOARD REPORTS IX. ADJOURN Next Resolution Number: 005 Typical Proceeding Format for All Public Hearings 1) Conflicts of Interest (handled at beginning of agenda) 2) Provide proof of legal notice (affi d avit of notice for PH) 3) Staff presentation 4) Board questions and clarifications of staff 5) Applicant presentation 6) Board questions and clari fications of applicant 7) Public comments 8) Board questions and clarifications relating to public comments 9) Close public comment portion of bearing 10) Staff rebuttal /clarification of evidence presented by applicant and public comment 1 1 ) Applicant rebuttal/clarification End of fact finding. Deliberation by the commission commences. No further interaction between commission and staff, applicant or public 12) Chairperson identified the issues to be discussed among commissioners. 13) Discussion between commissioners* 14) Motion* *Make sure the discussion and motion includes what criteria are met o r not met. Revised April 2, 2014 Regular Meeting Planning & Zoning Commission February 19, 2019 1 Staff Comments ............................................................................................................................................ 2 Commission Comments ................................................................................................................................ 2 Minutes ......................................................................................................................................................... 2 Public Comment not on the Agenda ............................................................................................................. 2 LOT 4 RANGER STATION SUBDIVISION – Design Variations ............................................................. 2 465 &557 NORTH MILL STREET REZONING ........................................................................................ 4 P1 IV.A. Regular Meeting Planning & Zoning Commission February 19, 2019 2 At 4:30 p.m.; Teraissa McGovern called the regular meeting to order with Commission Members Spencer McKnight, Teraissa McGovern, Rally Dupps, Ryan Walterscheid, Skippy Mesirow and Ruth Carver present. Also present were Andrea Bryan, Jim True and Linda Manning. Staff Comments Jennifer Phelan said the state conference is in Snowmass Village this fall. There is a Commissioner track. She wants to see if anyone has ideas for topics you would like to learn more about. She will send out an email. The conference is at the end of September. Commission Comments None. Minutes Mr. Dupps moved to approve the minutes from February 5, 2019; seconded by Ms. McGovern. All in favor, motion carried. Public Comment not on the Agenda None. LOT 4 RANGER STATION SUBDIVISION – Design Variations Kevin Rayes, community development, stated this a residential design standard, RDS, variation request for Lot 4. The property is located in the R6 zone. It is 11,655 square foot and located within the infill area. On the northern part of the lot there is a 20 foot access easement. Since the lot is greater than 9,000 square foot it allows for the development of a single family and duplex or two detached duplexes. The proposal is for two detached houses with a 10 foot separation. Unit A is proposed to face 8th Street. Unit B is proposed to face the easement to the north. He showed renderings. He showed the site plan with the setbacks. Unit A complies with all the RDS. Unit B is requesting seven variations including building orientation, articulation of building mass, build to requirement, one story element, entry connection, entry porch and principle window. For building orientation, unit B is proposed to face the easement and the orientation standard states the front façade shall be parallel to the street. On a corner lot both facades shall be parallel to the streets. It does not comply. The orientation requirement is the most important request. All others are contingent upon this one. Next is the build to requirement, based on orientation of B - 60% of the front façade shall be within 5 feet of the minimum setback. None of front façade is within. Articulation of building mass. No greater than 50 feet in depth of front façade to rear wall. If we were to orientate to 8th Street it would be just over 61 feet and not comply. The last variations are related to aesthetes. Unit B incorporates all of these attributes. Since all are orientated towards the easement they would require variations. In order to grant a variation from a RDS, there are two criteria. They need to demonstrate that the variation would provide an alternate design approach that meets the overall intent of the standard as indicated in the intent standard as well as the general intent statement and be clearly necessary for reasons of fairness related to unusual site specific constraint. Staff finds the lot does have an unusual site specific constraint. In R6 a traditional lot was 30 by 100 feet, now it is 60 by 100. A lot with this dimension would allow for the construction of a single family house. Some lots are even larger allowing for two single family homes. These lots do not mimic typical lots. This lot has an abnormal configuration of 70 by 143. It is more narrow from the street than a typical lot. The minimum side yard setback is 15 feet and 10 between the dwellings. Side by side construction would be 30 feet total, very narrow. The proposal to orientate front to back is more P2 IV.A. Regular Meeting Planning & Zoning Commission February 19, 2019 3 consistent with how the lot is configured. This would qualify for a site specific constraint. Staff recommends approval of all the variations. Mr. Walterscheid asked would you consider we look at the alley easement like a street. Ms. Phelan replied yes. If you read our definition of alley it would fall under alley as a secondary access. Mr. Dupps said we recently we looked at Lot 3. Staff memo was not in support. I’m imagining all lots will be coming before us at some point. Ms. Phelan said there are three permits in. Lots 1 and 2 have not come in for variations. They also follow the traditional townsite plotting. Mr. Dupps said it seems like they have specific needs and wants. Staff did not support Lot 3 but supports this. Isn’t this a similar situation. People knew buying the lot it wouldn’t support a duplex. Ms. Phelan said it goes to the lot width. Right now, it is 70 feet wide. If it was more traditional it would be 100 feet wide. Mr. McKnight asked how comfortable are you with the easement as a street. Ms. Phelan said we have another lot by the Mortiz like this and on Francis Street as well. It is not unheard of but not super common. Applicant Stan Clausson, representing the owners, said the land use code treats duplexes and two single family homes as the same. The RDS would say if this were a duplex only one unit would need to meet the RDS. No variations are requested for unit A. We looked at having the units side by side and a connected duplex. It made sense to have the homes front to back as separate residences. For articulation of building mass unit A meets that. Unit B meets it for maximum side wall depth in relationship to the access easement. When it comes to the build to requirement, unit A meets it and unit B meets it with respect to the access easement. When it comes to the one story element, there are those in both consisting of an inset porch. The inset is related to the access easement. The intent of the RDS is to ensure a strong connection between residences and street. Buildings provide articulation, preserve historic neighborhoods scale and character and encourage physical and visual relationships to the streets and residential structures. We think that this is the best solution for the site. It does reduce the perceived mass relative to a duplex. Joseph Spears S2 Architects, said the alley will feel like a secondary street. Ms. McGovern asked why does the RDS treat detached single family differently. Ms. Phelan stated she is not sure. Mr. McKnight opened the public comment. 1. Elise Elliott, 610 north street, asked are you planning on paving the alley or will the city. Ms. Phelan said the alley belongs to the homeowners. It is a private alley with minimum improvement standards that have been worked out with engineers 2. Chris Bendon, neighbor. I support this. It is great architecture. This is terrific. You should approve it as is. Mr. McKnight closed the public comment. Ms. Carver said she has no problem with this. She questioned who will plow the snow. Mr. Dupps said he thinks it is fantastic. The architecture is beautiful. Lot 3 came here and we said no. It had existing site conditions. Is this different. He wants to know if this is different. Ms. McGovern said the increased lot size for Lot 3 could have had a design that met the RDS. The maximum side wall dept, the house looked giant. I don’t think this one is depending much on the site specific except it is much more narrow. It would look really silly with two buildings next to each other. Mr. Mesirow moved to approve Resolution #3, Series of 2019 approving design variations for Lot 3 Ranger Station Subdivision; seconded by Ms. Carver. Roll call vote. Commissioner Carver, yes; Mesirow, yes; Walterscheid, yes; Dupps, yes; McGovern, yes; McKnight, yes. Motion carried. P3 IV.A. Regular Meeting Planning & Zoning Commission February 19, 2019 4 465 &557 NORTH MILL STREET REZONING Mr. McKnight said he has retained legal services from the legal advisor in the past. It will not affect me. Mike Kraemer, community development, said this is a rezoning from SCI to MU. It is only a rezoning application. There is no development or change of use. The process is two step. First is a P&Z recommendation. The second step is City Council. This is a public hearing. Lot 1 is 1.06 acres. It is currently developed with a 20,645 square foot structure. Lot 2 is .145 acres with 7,990 square foot development. There are approximately 21 existing businesses on the property. All are conforming in the SCI zone. The purpose of SCI is to allow for uses not found in other zones including light industrial, manufacturing, production, repair and similar services. This zone allows for heavy maintenance repair. The purpose of MU is to allow for a mix of residential and commercial and provide different economic and residential opportunism for more traditional commercial zones. It is a transition from more intense commercial areas of the CC and C1 zones and residential and lodging zones surrounding Main Street. The purpose of the SCI zone district and MU zone district are not the same and are not intended to be interchangeable. MU zone does not exist near the subject properties and rezoning these properties would create an island of MU zoning in this area. There are some overlap uses between SCI and MU. Service uses is an allowed use in the MU zone district and that includes the ability to have a laundry and dry cleaning service on the property. SCI specifically allows manufacturing and heavy maintenance repair. MU does not allow these uses. MU allows office, multi family, single family duplex, specialty retail and lodging. SCI does not. There is an overall concern from staff that certain allowed MU zone district uses may be more desirable and potentially displace existing SCI uses. This is a statement that is reiterated in the 2018 commercial design guidelines. The 2006 civic master plan contemplates SCI space renovation for underground parking, pedestrian linkages, affordable housing and aesthetic improvements. The MU zone district proposal for the rezoning does not contemplate a redevelop plan. MU allows for alternative uses that may not be consistent with this plan. Today, staff feels that existing SCI zoning is consistent with the 2012 AACP. It is not a regulatory document but encourages a balanced commercial mix. SCI zoned lands are limited and loss of the zoning is inconsistent with the AACP. Subject properties are within the 2018 commercial design guidelines river approach area. The MU zoning is not compatible with this character area. Staff recommends denial based on 26.310.90A - proposed rezoning is not compatible with the surrounding zone district and land uses. It does not comply with LUC 26.310.090D -proposed rezoning is inconsistent and not compatible with the character of the city and in harmony of the public interest and intent of this title. We are also asking P&Z to consider that this would represents a fundamental change from the purpose and intent of the SCI zone district. This proposal represents a significant reduction of available SCI zoned area within the City of Aspen. It creates non conforming uses on subject properties and in not in context with the river approach character area. The proposal is inconsistent with the 2006 civic master plan. Mr. Mesirow asked if it were to happen what would happen to existing business that become non conforming. Mr. Kraemer replied they would be legal non-conforming. Ms. McGovern said the other SCI zone has uses that are not consistent with current zoning. Did it change. Are they site specific. Ms. Phelan replied this was before both of us. When Obermeyer was first looked at there were a number of uses that were there. A certain number of non conforming uses were allowed to go back in. There is also NC in there. At one point free market was a conditional use there as well. Applicant P4 IV.A. Regular Meeting Planning & Zoning Commission February 19, 2019 5 Chris Bendon, representing North Mill Street LLC, owned by Mark Hunt. Mr. Bendon stated this will provide parity with other SCI properties. There are five properties in Aspen zoned SCI. Andrews McFarlin, across the street, USPS and Obermeyer place and the lumber yard. Mr. Bendon reviewed these properties. We’ve looked at the surrounding area. There is office, residential, non profit, civic, retail, restaurant. We’ve looked at several options to have some parity with other SCI, R6 and R30. They do not allow for a mix of uses. There is RMF in the area. It doesn’t allow for a mix of uses, specifically commercial. We looked at NC. The types of commercial allowed are more viable. Both the residential allowances are not there. MU provides for a better array of commercial uses and allows for some degree of residential development. This is the closest we thought to other SCI and the civic master plan. For criteria, there are four of them. Is the amendment compatible with the surrounding zoning. We think you can make a positive finding of this. Specifically, the river approach area. We see this as architectural style, persuasion of building development, not uses. The second deals with demands on public facilities. Staff found in favor of this. Once again, this deals with development. We see nothing that would change the demand on this. Third is adverse impact on the natural environment. We don’t see any measurable difference on this. Staff didn’t either. Lastly is if the proposal is consistent with community character and in harmony with the public interest. Staff found against this. We think you can make a positive finding. It asks for a great degree of latitude. The criteria is broad in its approach. We are requesting the MU zone because we think it brings the property in closest proximity to comparable SCI properties. It provides for mix of uses. It provides for an array of commercial uses that are up to today’s market and provides for viable residential uses. Mr. Dupps asked why. Chris Bryan, legal counsel, asked why did the city downzone SCI and only effect this property. That made it more restrictive as to what could be done here. Ordinance 29 only affected this property, not the other SCI properties Chris mentioned. The rezoning would be more suitable in light of the downzoning that occurred. Just because those uses are there now doesn’t mean they will remain there. Ms. McGovern said even if it makes the uses non conforming. Did the property owner purchase this after the downzoning occured. Mr. Bryan replied after the downzoning occurred. There was a legal challenge predating that. Ms. McGovern asked why are offices allowed on Andrews Mcfarlan and Obermeyer. Ms. Phelan said there are certain uses permitted. Mr. Bendon said there were spaces that were added in to the development. Ms. Phelan said she is not sure about Andrews Mcfarlan. Design studio is a term in the code. Mr. Mesirow said harmony with public interest would prohibit some things the community wants. One outcome could be in harmony and one in not. How are we to look at this without knowing what the future is. Mr. Bendon replied it asks you to make a judgement. The answer is not embedded in the question. We think you can make a positive finding just looking at the two zone districts. Mr. McKnight opened the public comment. 1. Elyse Elliott, 610 W North St. I urge you to deny the request. I’m concerned about the neighborhood. I believe the small businesses in these buildings are essential to the community. If they leave there is no other place they can move. Every town needs a laundromat. Where are you going to take your scooter if it needs maintenance. Though not everybody uses these businesses they are essential to a community. The MU zone will allow for housing. We don’t need any high end town homes. The affordable housing units are not worth the trade offs. 2. Toni Kronberg said she supports the rezoning. While some of the businesses may become non conforming they will still be allowed. Those two lots can definitely be improved. MU gives so much more opportunity. Nothing is here forever. Think about how limiting the SCI really is. Mr. McKnight closed the public comment. Mr. Mesirow said if it were to be changed and the applicant came forward with a new development could an existing business stay under a new development. Ms. Phelan said the non conforming section says if a same type of use went in within a certain time frame the non conforming could stay. With a redevelopment it would be pretty tricky with the time frame for a non conforming to come back in. P5 IV.A. Regular Meeting Planning & Zoning Commission February 19, 2019 6 Mr. Waltersheid said in the MU along Main Street there are two gas stations and a car wash, are those non conforming in the MU currently. Ms. Phelan replied they might be a service use. Ms. Carver said she lives in a MU district. My neighborhood looks nothing like SCI. My problem with this is we have no idea what will happen. There could be private homes, a row of townhouses. There could be anything. Yes, I agree the neighborhood needs to be improved. I trust Mark Hunt would do that. I think MU would displace that type of neighborhood. It is a service neighborhood and a lot of those businesses are important to our neighborhood. I would rather see a plan and the rezoning with it. It is so open and something I cannot agree with at this point in time. Ms. McGovern said MU specifically says transition area between CC and C1. This would create an island. The uses allowed in MU are different enough that it isn’t consistent with the neighborhood. SCI specifically says to support locally serving businesses. MU doesn’t say that anywhere. I would be concerned approving a rezone on this side of the round about getting rid of the uses that are there. It is important to have these services. Mr. Mesirow said he is not supportive either. Given the change will have loses for the community with businesses that will not land anywhere. He would like to see a plan. I have misgivings with SCI too. Mr. Walterscheid said he is more on the fence. MU is between CC, C, the residential and lodging. If the site is going to be developed you will need free market surrounding it. I think this is an island anyway. The stuff going on around it falls in MU. I don’t think you will see a redevelopment unless there are assurances. If it stays as SCI I don’t think you will see redevelopment. There is MU going up Mill Street. I don’t see it as an outrageous ask. They will have to come in for an approval to have anything built. Mr. Dupps said I appreciate what Ryan is saying. My problem is I just don’t see enough information. If we had a building or a use I could respond. It is too broad for me at this time to vote in favor. Mr. McKnight said making these changes goes in the face of the AACP. This is the last spot in town providing services. I will be a no as well. Ms. McGovern moved to recommend denial of Resolution #4, Series of 2018 for the rezoning of 465 and 557 North Mill Street; seconded by Mr. Mesirow. Roll call vote. Commissioners Dupps, yes; McGovern, yes; Mesirow, yes; Carver, yes; Walterscheid, no; McKnight, yes. Motion carried. At 6:00 p.m. Ms. Carver moved to adjourn; seconded by Ms. McGovern. All in favor, motion carried. Linda Manning City Clerk P6 IV.A. TO: City of Aspen Planning and Zoning Commission FROM: Garrett Larimer, Planner THRU: Jennifer Phelan, Deputy Planning Director RE: Special Review of 2019 MEETING DATE: March 26, 2019 APPLICANT: Witmondt Family Investments LLC, 100 Passaic Avenue #240, Fairfield, NJ 07004 REPRESENTATIVE: BendonAdams, 300 S Spring St. #202, Aspen, CO 81611 LOCATION: 1011 E Hopkins CURRENT ZONING: Residential Multi-Family (RMF) SUMMARY: The applicant is seeking Review for a variation to the Accessory Dwelling Unit (ADU) Design Standards to replace an ADU that was removed without the necessary approvals. The original ADU was located in the closet of the master bedroom. The applicant is interested in replacing the unit in the basement but the current code does not allow for subgrade ADU’s. MEMORANDUM City of Aspen Planning and Zoning Commission Garrett Larimer, Planner Jennifer Phelan, Deputy Planning Director Special Review – ADU Design Standards – 1011 E Hopkins Ave., Resolution No. Witmondt Family Investments LLC, 100 Passaic Avenue #240, Fairfield, NJ 07004 BendonAdams, 300 S Spring St. Family (RMF) The applicant is seeking Special Review for a variation to the Accessory Dwelling Unit (ADU) Design Standards to replace an ADU that was removed without the necessary original ADU was located in the applicant is basement, the current code does not allow for STAFF RECOMMENDATION: Staff recommends either recognizing the circa 1996 ADU design allowances and approving the variations requested via Special Review or, in the recognizing that the replacement of the ADU should meet todays’ design standards, or be vacated Figure 1 - Vicinity Map Page 1 of 7 , Resolution No. __, Series recommends either recognizing design allowances and approving the eview or, in the alternative, recognizing that the replacement of the ADU should meet or be vacated pursuant to the code. P7 VI.A. Page 2 of 7 REQUEST OF THE PLANNING AND ZONING COMMISSION: · Special Review – Accessory Dwelling Unit Design Standard Variation The applicant is requesting approval for variations to the ADU Design Standards related the replacement of an ADU in the basement of the residence and per section 26.520.080.D. The Code allows the Planning and Zoning Commission to grant special review approval for variations to the ADU Design Standards. The Planning and Zoning Commission is the final review authority. LOCATION/BACKGROUND: The subject property, 1011 E Hopkins Ave., or Unit B of the duplex residence, is located on a lot in the Residential Multi-Family (RMF) zone district in the Aspen Infill area. The property was developed in the mid-1990s and received a Certificate of Occupancy in 1996. An ADU was originally approved to be located in the basement as part of a design review as the duplex was proposed at the maximum allowable Floor Area. Prior to construction of the duplex, the then owner submitted a building permit showing the ADU for each unit to be on the main level with a small kitchenette. The redesign also included exterior changes that required a re-review by the city to ensure compliance with design guidelines at the time. Relocating the ADUs to the ground level made available a potential Floor Area bonus to the project. Unfortunately, the record is somewhat unclear on the issue. The ground level floor plan and the basement floor plan are provided for reference in Figure 2, below. A 468 sq. ft. studio ADU was deed restricted as mitigation for the development per the original approvals. Construction of an ADU was an acceptable form of mitigation at the time and the ADU was not required to be occupied. Figure 2: Ground Level ADU Floor Plan P8 VI.A. Page 3 of 7 Figure 3 – Current Main Level Floor Plan Figure 3 is the most recent floor plan, and was included in the application, showing a master bedroom and an entry area in the location where the ADU was originally shown. Building permit documentation does not track the changes to the main level showing when the kitchenette was removed, but at some point, it was removed without necessary city approvals. Recently a building permit was submitted and issued for the renovation of the residence. During an inspection of the property for the renovation, it was noted by City staff that the ADU did not exist. Subsequently, staff informed the applicant of their options: replace the ADU meeting current code standards, apply for Special Review to replace the ADU with variations from the current code requirements, or legally remove it. The applicant is interested in replacing the unit with variations from today’s standards. The specific design requirements have changed over time, but since the late-nineties there have been more prescriptive requirements for the minimum components needed to qualify as an ADU. The current code requires that an ADU contain a full kitchen including a 4-burner stove, a refrigerator, and a sink. The unit must also have storage, a bathroom, and access to the unit’s mechanical systems and electrical panel among other standards. A brief history of ADU requirements is attached as Exhibit D. CURRENT REQUEST: The applicant is requesting Special Review approval from the Planning and Zoning Commission to replace and relocate an ADU that was removed without City approval. The proposal is to locate the ADU within the basement which is not a permitted location under current standards. Special Review is required when the Accessory Dwelling Unit Design Standards are not met. If the Planning and Zoning Commission feels it is appropriate for the unit to be replaced in the basement, the following standards that are not met will need to be varied via Special Review: Requirements Met Not Met Code Requirement Detail Size Requirement X 300 sq. ft. minimum. Net livable size of unit complies (369 sq. ft.), but 10% (or 36.9 sq. ft.) is required to be storage. The storage is undersized at only 8.4% (or 30.8 sq. ft.) Function as a separate unit X Unit must be separately accessible from the outside; interior connections are only allowed if approved by P&Z. P9 VI.A. Page 4 of 7 Requirements Met Not Met Code Requirement Detail Access is met, interior connection needs P&Z approval Mechanical/Utility System X Separate access to utility and mechanical systems must exist The shared mechanical systems do not include separate, direct access. Kitchen Parameters X Certain kitchen requirements aren’t met, including, no provision of a dishwasher, the refrigerator is smaller than required, counter and storage space is below the minimum, and the oven is smaller than required. Bathroom X Proposed ADU meets minimum bathroom requirements. Washer/Dryer X No washer/dryer hookups are provided. Above Grade Requirement X The unit is entirely below grade and the code requires 50% or more the unit be above grade. Detached from Primary Residence X The code requires ADUs be detached from the primary residence to improve livability and increase the likelihood of the unit’s occupancy. The unit is proposed to be within the footprint of the primary residence. Meets requirements of Zone District X The unit complies with requirements of the zone district. Snow/Ice Shedding X A roof overhang exists above the stairs that provide exterior access to the unit. Meet other requirements of Aspen Municipal Code X The proposed unit will be required to comply with building code requirements and a building permit but appears to comply with all requirements of the title. Deed Restricted in accordance with APCHA X An updated deed restriction will be required, the applicant is aware of this requirement. Figure 4 – Existing Basement Level Floor Plan P10 VI.A. Page 5 of 7 Figure 5 – Proposed ADU Floor Plan Issues for Discussion: The application is reviewed under the current code for replacement purposes. Complying with the all of the current code requirements, such as above grade and detached requirement, would likely require redeveloping the entire site. Staff also recognizes that the ADU was removed without any formal approval and there are other paths in the current code to reestablish or remove the unit. Additionally, staff recognizes that when the ADU was originally constructed the requirements were less prescriptive. In 1999 the ADU requirements were updated and included more specifics on what was required in an ADU. The kitchen requirements, which are important to qualify the unit as a dwelling unit, were more prescriptive than when the unit was originally constructed. The current proposal, although it doesn’t comply with all the requirements of the current code would exceed the requirements of the mid-1990’s. STAFF COMMENTS: Staff acknowledges approval was originally granted to construct an ADU within the primary residence, but the unit was removed without the necessary approvals. A land use application is required to bring the property back into compliance. All land use applications are subject to the current code in which they apply; however, in this situation the house is already constructed and the ADU is proposed to be sited in a new location within the primary residence. The basement location, although it does not comply with the detached or above grade requirement of the code, would result in a more private and independent unit than in its previous location on the main level. Ideally, the reinstallation of the ADU would not occur and the ADU would be formally vacated. The occupancy rates of attached ADUs from the early and mid-1990’s ADU program have been low and approving an ADU in a configuration similar to those of that era may result in a lack of occupancy. If the Planning and Zoning Commission feels it’s appropriate to replace the ADU on site, considering what was originally required of min 1990’s ADUs, staff believes the basement is a better location as there is a separate entry. If located on site, staff is supportive of the reduction in storage. Given the size of the unit, requiring more storage than what is proposed P11 VI.A. Page 6 of 7 would not result in effective use of the space. In staff’s opinion, the amount of storage provide for the unit is appropriate for the size of the unit. The review criteria for Special Review to vary the ADU Design Standards include two items: 1. The ADU should promote the purpose of the ADU program and the zone district and should be a livable unit. 2. The ADU should be subordinate to the primary residence. Under the purpose clause of the land use code for ADUs, the code notes that “ADUs and carriage houses represent viable housing opportunities for working residents,” and that the ADUs provide additional housing opportunities in town. The purpose section also notes that “detached ADUs and carriage houses are more likely to be occupied by a local working resident and that “Aspen desires occupied ADUs and carriage houses”. The unit as proposed in the basement would satisfy the second review criteria as it would be subordinate in every way to the primary residence; however, both review criteria must be met in order to meet the requirements for Special Review approval. Based on occupancy rates of attached ADUs from this era, staff does not feel that the proposed ADU promotes the purpose of the ADU program which intends to provide units that are occupied. The Commission can choose to approve, approve with conditions, or deny the Special Review request to vary the Accessory Dwelling Unit Design Standards and allow the ADU to be replaced in the basement. If the Planning and Zoning Commission finds replacing the ADU in the basement appropriate, it can choose to grant the necessary variations via Special Review. If the Planning and Zoning Commission accepts the replacement of the ADU, staff recommends the following variations be granted, given the existing construction. 1. Allow for the 100% subgrade location of the ADU. 2. Since the mechanical systems of the primary residence and ADU are located in a shared mechanical room. 3. An internal connection between the primary residence and the ADU. 4. The kitchen shall include: an oven, a stove with four burners, a sink, a refrigerator with a minimum capacity of 9.5 cubic feet, and a freezer. 5. A reduction in the minimum storage or closet space required to allow a minimum 30 sq. ft. (8.3%) of the units overall square footage. 6. Waive the washer and dryer hook up requirement. PROPOSED MOTION (WORDED IN THE AFFIRMATIVE): The Resolution as written grants approval of a Special Review request of the applicant allowing for a subgrade ADU with minimal kitchen facilities and an interior connection, among other items. If the Planning and Zoning Commission wishes to approve the request, they can use the following motion: “I move to approve Resolution No.___, Series of 2019 to vary the ADU Design Standards to allow for the ADU at 1011 E Hopkins Ave. to be replaced in the basement as shown in Exhibit A.” ALTERNATIVE MOTIONS: #1 If the Planning and Zoning Commission does not wish to grant the Special Review request, the Planning and Zoning Commission can make a motion to deny the Resolution and use the following motion: “I move to deny Resolution #___ series of 2019 to grant a variation to the ADU Design Standards via Special Review.” P12 VI.A. Page 7 of 7 Attachments: Exhibit A – Proposed Drawing Exhibit B – ADU Design Standards - Review Criteria Exhibit C – Special Review – Review Criteria Exhibit D – Summary of ADU Code Requirements Exhibit E - Application P13 VI.A. RESOLUTION NO. (SERIES OF 2019) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING SPECIAL REVIEW FOR A VARIATION TO THE ACCESSORY DWELLING UNIT DESIGN STANDARDS TO REPLACE AN ACCESSORY DWELLING UNIT WITHIN THE PRIMARY RESIDENCE OF A PROPERTY LEGALLY DESCRIBED AS UNIT B, CIMARRON TOWNHOMES, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 8, 1996 IN PLAT BOOK 40 AT PAGE 87 AND AS DEFINED AND DESCRIBED IN THE DECLARATION FOR CIMARRON TOWNHOMES RECORDED NOVEMBER 8, 1996 AS RECEPTION NO. 398934, COMMONLY KNOWN AS 1011 E HOPKINS AVE. Parcel No. 2737-182-04-009 WHEREAS, the Community Development Department received an application from Chris Bendon of BendonAdams LLC, on behalf of Witmondt Family Investments LLC, requesting Special Review approval for a variation to the Accessory Dwelling Unit Design Standards to reinstall an ADU that had been removed without authorization within the basement at the property at 1011 E. Hopkins Ave.; and, WHEREAS, The ADU had originally been located on the main floor and relocation to the basement was requested; and, WHEREAS, the Community Development Department Staff reviewed the application for compliance with the applicable review standards; and, WHEREAS, the City of Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing on March 26, 2019; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets the applicable review criteria and that the approval of the request is consistent with the goals and objectives of the Land Use Code; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare; and, WHEREAS, the Planning and Zoning Commission approves Resolution No. __ Series of 2019, by a _____ to _____ (___ - ___) vote, granting approval of Special Review for a variation to the Accessory Dwelling Unit Design Standards as identified herein. P14 VI.A. NOW, THEREFORE BE IT RESOLVED by the Aspen Planning and Zoning Commission: Section 1: Special Review Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves a variation to the Accessory Dwelling Unit Design standards via Special Review as identified in the attached Exhibit A, with the following conditions: 1. A 100% subgrade location of the ADU is permitted. 2. The mechanical systems of the primary residence and ADU are located in a shared mechanical room. 3. An internal connection between the primary residence and the ADU. 4. The kitchen shall include: an oven, a stove with four burners, a sink, a refrigerator with a minimum capacity of 9.5 cubic feet, and a freezer. 5. A reduction in the minimum storage or closet space required is granted to allow a minimum thirty (30) square foot closet. 6. No washer and dryer hook-ups are required. 7. The deed restriction shall be updated to comply with Section 26.520.070, which requires lease terms of no less than six months. Section 2: This approval does not exempt the project from compliance with applicable zoning, building, or any other applicable code regulations within the City of Aspen’s Municipal Code. The applicant must submit a building permit application demonstrating compliance with all applicable codes prior to any development on site. Section 3: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, are hereby incorporated in such site development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. P15 VI.A. APPROVED by the Commission at its meeting on March 26, 2019. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: ____________________________ ______________________________ Andrea Bryan, Assistant City Attorney Spencer McKnight, Chair ATTEST: ____________________________ Jeannine Stickle Attachments: Exhibit A: Proposed Floor Plan of the ADU P16 VI.A. A201 FLOOR PLANS SHEET NUMBER SHEET TITLE1011 E Hopkins304 E Hopkins AveAspen, CO 81611Red Room Design 3134 South Grand Avenue Glenwood Springs, CO 81623 970.413.3144 369 sq ft 3'-11 3/4"5"2'-6 1/2"5"11'-4 1/2" 18'-8 3/4"5"16'-5 3/4"5"2'-8 1/2"20'-1/4"9 1/2"11'-4 3/4"5"3'-5 1/2"5"3'-11"20'-4 3/4"1'-7"2'-11 1/4"2'-5"5"11'-4 1/2" 18'-8 3/4" EXISTING EGRESS WINDOW Closet Bath Bedroom Hall EXISTING AREA AREA LEGEND RF3'-11 3/4"5"2'-6 1/2"5"11'-4 1/2" 18'-8 3/4"5"16'-5 3/4"5"2'-8 1/2"20'-1/4"9 1/2"11'-4 3/4"5"3'-5 1/2"5"3'-11"20'-4 3/4"1'-7"2'-11 1/4"2'-5"5"11'-4 1/2" 18'-8 3/4" EXISTING EGRESS WINDOW OVEN BELOW MIN. 6 CUBIC FEET Closet Bath Bedroom Kitchen 1 EXISTING 1/2" = 1'-0"3 PROPOSED 1/2" = 1'-0"P17VI.A. P18VI.A. Exhibit B ADU Design Standards Review Criteria Page 1 of 6 Summary of Review Criteria for Section 26.520.050 MET NOT MET DOES NOT APPLY Design Standards: All ADUs and carriage houses shall conform to the following design standards unless otherwise approved, pursuant to Subsection 26.520.080.D, Special Review: 1. An ADU must contain between three hundred (300) and eight hundred (800) net livable square feet, ten percent (10%) of which must be a closet or storage area. A carriage house must contain between eight hundred (800) and one thousand two hundred (1,200) net livable square feet, ten percent (10%) of which must be closet or storage area. NOT MET 2. An ADU or carriage house must be able to function as a separate dwelling unit. This includes the following: a. An ADU or carriage house must be separately accessible from the exterior. An interior entrance to the primary residence may be approved, pursuant to Special Review; NOT MET 2.b. An ADU or carriage house must have separately accessible utility systems, controls and disconnect panels. This does not preclude shared services; NOT MET Accessory Dwelling Unit Design Standards P19 VI.A. Exhibit B ADU Design Standards Review Criteria Page 2 of 6 2c. An ADU or carriage house shall contain a full-size kitchen containing at a minimum: i. Minimum 30-inch wide oven, 4-burner stovetop. ii. A sink, dishwasher, and a minimum 20 cubic foot refrigerator with freezer. iii. Minimum 24 square feet of counter space and a minimum of 15 cubic feet of cabinet space. iv. Kitchens may not be located in a closet. NOT MET 2d. An ADU or carriage house shall contain a ¾ or larger bathroom containing, at a minimum, a sink, a toilet and a shower. YES 2e.    An ADU or carriage house shall contain washer/dryer hookups, with a dryer vent rough-in, to accommodate minimum 27-inch wide washer/dryer units. NOT MET 3. One (1) parking space for the ADU or carriage house shall be provided on-site and shall remain available for the benefit of the ADU or carriage house resident. The parking space shall not be located in tandem, or “stacked,” with a space for the primary residence. YES 4. The finished floor level of fifty percent (50%) or more of the unit’s net livable area is at or above natural or finished grade, whichever is higher. NOT MET 5.    The ADU or carriage house shall be detached from the primary residence. An ADU or carriage house located above a detached garage or storage area or connected to the primary residence by an exterior breezeway or trellis shall still qualify as detached. No interior connections to the primary residence, or portions thereof, shall qualify the ADU or carriage house as detached. NOT MET P20 VI.A. Exhibit B ADU Design Standards Review Criteria Page 3 of 6 26.520.050 Design standards All ADUs and carriage houses shall conform to the following design standards unless otherwise approved, pursuant to Subsection 26.520.080.D, Special Review: 1. An ADU must contain between three hundred (300) and eight hundred (800) net livable square feet, ten percent (10%) of which must be a closet or storage area. A carriage house must contain between eight hundred (800) and one thousand two hundred (1,200) net livable square feet, ten percent (10%) of which must be closet or storage area. Staff Response: The ADU is shown at 369 sq. ft. which complies with the minimum size requirements for the unit. The closet measures approximately 30.8 sq./ft. which equates to approximately 8.4% of the overall unit square footage, which is below the minimum requirement. Since the proposed storage is below the minimum size requirements, staff finds this criterion to be not met, and Special Review approval is required. 6.    An ADU or carriage house shall be located within the dimensional requirements of the Zone District in which the property is located. DOES NOT APPLY 7.    The roof design shall prevent snow and ice from shedding upon an entrance to an ADU or carriage house. If the entrance is accessed via stairs, sufficient means of preventing snow and ice from accumulating on the stairs shall be provided. YES 8. ADUs and carriage houses shall be developed in accordance with the requirements of this Title which apply to residential development in general. These include, but are not limited to, building code requirements related to adequate natural light, ventilation, fire egress, fire suppression and sound attenuation between living units. This standard may not be varied. YES 9. All ADUs and carriage houses shall be registered with the Housing Authority and the property shall be deed restricted in accordance with Section 26.520.070, Deed restrictions and enforcement. This standard may not be varied. YES P21 VI.A. Exhibit B ADU Design Standards Review Criteria Page 4 of 6 2. An ADU or carriage house must be able to function as a separate dwelling unit. This includes the following: a. An ADU or carriage house must be separately accessible from the exterior. An interior entrance to the primary residence may be approved, pursuant to Special Review; Staff Response: An exterior stair provides access to the ADU. Interior access is also provided between the primary structure and the ADU which requires Special Review approval from the Planning and Zoning Commission. Staff finds this criterion to not be met. b. An ADU or carriage house must have separately accessible utility systems, controls and disconnect panels. This does not preclude shared services; Staff Response: The utility system utilizes a shared system; no separate utilities exist for the ADU. The ADU uses the primary structures utilities that are located adjacent to the unit in the basement, staff finds this criterion to not be met. c. An ADU or carriage house shall contain a full-size kitchen containing at a minimum: i. Minimum 30-inch wide oven, 4-burner stovetop. ii. A sink, dishwasher, and a minimum 20 cubic foot refrigerator with freezer. iii. Minimum 24 square feet of counter space and a minimum of 15 cubic feet of cabinet space. iv. Kitchens may not be located in a closet. Staff Response: A four burner stovetop and oven is proposed, the oven measures approximately 24” wide which is below the minimum size required. No dishwasher is shown. The refrigerator proposed measures approximately 9.5 sq. ft., which is below the minimum size required. The amount of counter space provided is below the minimum required, approximately 4.2 sq. ft. are shown, and 24 sq. ft. must be provided. Since the proposed kitchen does not meet the current standards, staff finds this criterion to not be met, and Special Review approval is required. d. An ADU or carriage house shall contain a ¾ or larger bathroom containing, at a minimum, a sink, a toilet and a shower. Staff Response: The proposed ADU contains a shower, toilet, and sink. Staff finds this criterion to be met. e. An ADU or carriage house shall contain washer/dryer hookups, with a dryer vent rough-in, to accommodate minimum 27-inch wide washer/dryer units. P22 VI.A. Exhibit B ADU Design Standards Review Criteria Page 5 of 6 Staff Response: The proposed ADU does not contain a washer and dryer and no hookups or venting rough-ins are shown. The ADU does not meet the current code requirements, staff finds this criterion to be not met, and Special Review approval is required. 3. One (1) parking space for the ADU or carriage house shall be provided on-site and shall remain available for the benefit of the ADU or carriage house resident. The parking space shall not be located in tandem, or “stacked,” with a space for the primary residence. Staff Response: At least one parking space is provided for use by the resident of the ADU, staff finds this criterion to be met. 4. The finished floor level of fifty percent (50%) or more of the unit’s net livable area is at or above natural or finished grade, whichever is higher. Staff Response: The proposed ADU is entirely below grade. The original ADU was located on the main level. Since the ADU was removed without authorization, the applicant is interested in replacing the required ADU in a subgrade location to bring the property back into compliance. Although replacing the ADU in the original location would allow for an above grade location, staff does not feel that replacing the ADU on the main level creates a more desirable and livable unit that’s likely to be occupied. Although the proposed location is an improvement from the previous location, it does not meet the design guideline requirements, so staff finds this criterion to be not met, and Special Review approval is required. 5. The ADU or carriage house shall be detached from the primary residence. An ADU or carriage house located above a detached garage or storage area or connected to the primary residence by an exterior breezeway or trellis shall still qualify as detached. No interior connections to the primary residence, or portions thereof, shall qualify the ADU or carriage house as detached. Staff Response: The code under which the property was originally built allowed attached ADU’s and did not prohibit interior connections. If the commission determines it’s appropriate to replace the ADU in the basement, attached to the primary structure, it’s impractical given the circumstances to require the applicant to comply with the requirements of this section. That being said, the ADU does not comply with the requirements of this standard, and therefore, staff finds this criterion to not be met, and Special Review approval is required. 6. An ADU or carriage house shall be located within the dimensional requirements of the Zone District in which the property is located. Staff Response: Accessory dwelling units are an allowed use in the R/MF zone district. An analysis of height, floor area, and other dimensional requirements of this zone district are not included in this review. The applicable dimensional requirements of this zone district are legally established and are not subject to review as part of this application. Staff finds this criterion to be not applicable. P23 VI.A. Exhibit B ADU Design Standards Review Criteria Page 6 of 6 7. The roof design shall prevent snow and ice from shedding upon an entrance to an ADU or carriage house. If the entrance is accessed via stairs, sufficient means of preventing snow and ice from accumulating on the stairs shall be provided. Staff Response: A roof overhang exists above the stairs that provide access to the unit, staff finds this criterion to be met. 8. ADUs and carriage houses shall be developed in accordance with the requirements of this Title which apply to residential development in general. These include, but are not limited to, building code requirements related to adequate natural light, ventilation, fire egress, fire suppression and sound attenuation between living units. This standard may not be varied. Staff Response: Light and ventilation is provided by windows between the unit and the stairwell, and the stairs provide emergency egress from the residence. The assemblies separating the ADU and primary residence will be required to comply with fire separation and sound attenuation requirements in the building code. Other elements of the ADU are presumed to comply with the requirements of the code at the time the structure was built. Staff finds this criterion to be met. 9. All ADUs and carriage houses shall be registered with the Housing Authority and the property shall be deed restricted in accordance with Section 26.520.070, Deed restrictions and enforcement. This standard may not be varied. Staff Response: The property is deed restricted according to the deed restriction with Reception #383890 and the Amended Deed Restriction with Reception #387999. Staff finds this criterion to be met. P24 VI.A. Exhibit C Special Review – ADU Design Standards Review Criteria Page 1 of 3 Summary of Review Criteria for Section 26.520.080.D MET NOT MET DOES NOT APPLY D. Special Review. An application requesting a variation of the ADU and carriage house design standards shall be processed as a Special Review in accordance with the common development review procedures set forth in Chapter 26.304. The Special Review shall be considered at a public hearing for which notice has been posted, mailed, and published pursuant to Section 26.304.060.E.3. Review is by the Planning and Zoning Commission. If the property is an historic landmark, on the Inventory of Historic Sites and Structures or within a Historic Overlay District, the Historic Preservation Commission shall consider the Special Review. A Special Review for an ADU or Carriage House may be approved, approved with conditions or denied based on conformance with the following criteria: 1. The proposed ADU or carriage house is designed in a manner which promotes the purpose of the ADU and carriage house program, promotes the purpose of the Zone District in which it is proposed and promotes the unit's general livability. NOT MET 2. The proposed ADU or carriage house is designed to be compatible with and subordinate in character to, the primary residence considering all dimensions, site configuration, landscaping, privacy and historical significance of the property. YES Special Reivew - Variation of Accessory Dwelling Unit Design Standards P25 VI.A. Exhibit C Special Review – ADU Design Standards Review Criteria Page 2 of 3 D. Special Review. An application requesting a variation of the ADU and carriage house design standards shall be processed as a Special Review in accordance with the common development review procedures set forth in Chapter 26.304. The Special Review shall be considered at a public hearing for which notice has been posted, mailed, and published pursuant to Section 26.304.060.E.3. Review is by the Planning and Zoning Commission. If the property is an historic landmark, on the Inventory of Historic Sites and Structures or within a Historic Overlay District, the Historic Preservation Commission shall consider the Special Review. A Special Review for an ADU or Carriage House may be approved, approved with conditions or denied based on conformance with the following criteria: 1. The proposed ADU or carriage house is designed in a manner which promotes the purpose of the ADU and carriage house program, promotes the purpose of the Zone District in which it is proposed and promotes the unit's general livability. Staff Response: The purpose statement of Section 26.520 – Accessory Dwelling Units and Carriage Houses states that ADU’s support the community by providing “viable housing opportunities for working residents and allow employees to live within the fabric of the community.” Attached ADUs have experienced low occupancy rates. The unit is below grade with limited natural light, storage, kitchen facilities, and shared utility controls and mechanical systems. Staff is concerned if the proposed unit is a “viable housing opportunity” that’s likely to be occupied. The ADU does promote the purpose of the Zone District. It’s within walking distance of downtown and transit routes, provides for” long term residential purposes,” and provides for a mix of attached residential dwellings. Although the proposed ADU complies with the purpose of the Zone District, it does not comply with the Purpose of the ADU standards, and because the ADU standards are not met, and staff finds this criterion to not be met. 26.520.010 Purpose The purpose of the accessory dwelling unit (ADU) and carriage house program is to promote the longstanding community goal of socially, economically and environmentally responsible development patterns which balance Aspen the resort and Aspen the community. Aspen values balanced neighborhoods and a sense of commonality between local working residents and part-time residents. ADUs and carriage houses represent viable housing opportunities for working residents and allow employees to live within the fabric of the community without their housing being easily identifiable as “employee housing.” ADUs and carriage houses support local Aspen businesses by providing an employee base within the City and providing a critical mass of local residents important to preserving Aspen's character. ADUs and carriage houses allow second homeowners the opportunity to hire an on-site caretaker to maintain their property in their absence. Increased employee housing opportunities in close proximity to employment and recreation centers is also an environmentally preferred land use pattern, which reduces automobile reliance. P26 VI.A. Exhibit C Special Review – ADU Design Standards Review Criteria Page 3 of 3 Detached ADUs and carriage houses emulate a historic development pattern and maximize the privacy and livability of both the ADU or carriage houses and the primary unit. Detached ADUs and carriage houses are more likely to be occupied by a local working resident, furthering a community goal of housing the workforce. Aspen desires occupied ADUs and carriage houses; therefore, detached ADUs and carriage houses which are deed restricted as "for sale" units, according to the Aspen/Pitkin County Housing Authority Guidelines, as amended, and sold according to the procedures established in the guidelines, provide for certain floor area and affordable housing credit incentives. 2. The proposed ADU or carriage house is designed to be compatible with and subordinate in character to, the primary residence considering all dimensions, site configuration, landscaping, privacy and historical significance of the property. Staff Response: The ADU is subordinate to the primary residence in every way. Staff finds this criterion to be met. P27 VI.A. Exhibit D Summary of ADU Design Standards Page 1 of 2 Below is a summary of requirements from the mid-90’s, 1999, and current code: Mid-1990’s code (the original ADU was approved under this code): - Unit Size = 300-700 square feet of net livable - Deed restricted, limited to rental periods of no less than 6 months - One parking space - For attached units (different requirements for detached units) o Subject to dimensional requirements of the zone district 1999 code: - Unit size, between 300-700 square feet - Must be able to function as a separate dwelling unit o Must be separately accessible from the exterior, interior entrance must be approved by P&Z via special review. o Must have separately accessible utilities. o Must contain a kitchen containing at a minimum an over, a two-burner stove, a sink, a refrigerator with a minimum of 6 cu. ft. of capacity and a freezer. o A bathroom containing a minimum sink, toilet, and shower. - One parking space - Must comply with requirements of the zone district - Roof should prevent snow shed on the entrance, and if the entrance is accessed via stairs, a measure to reduce snow accumulation should be provided. - Shall be deed restricted and comply with the other requirements of the code, including building code requirements. Current Code (2015): - Unit size between 300-700 sq. ft., and 10% must be a closet or storage area. - Must function as a separate dwelling unit o Must be separately accessible from the exterior, interior connections must be approved by P&Z via special review. o Must have separate utility systems, does not preclude shared services. o Shall contain a full-sized kitchen including: § 30” over with four-burner stove § Sink, dishwasher, a minimum 20 cu. ft. refrigerator with freezer. § 24 Sq. ft. of counter space and 15 cu. ft. of cabinet space § Kitchens can’t be in closets o Must contain a ¾ or larger bathroom with at least a sink, toilet, and shower o Washer/dryer hookups with dryer vent rough-in to accommodate a minimum 27” wide washer/dryer unit. - One parking space - Must be 50% above grade - Must be detached from primary residence. Can be above a detached garage that’s connected to the primary residence by breezeway counts. No interior connections are allowed. - Must comply with the dimensional requirements of the zone district. P28 VI.A. Exhibit D Summary of ADU Design Standards Page 2 of 2 - Roof should prevent snow and ice shedding on the entrance of the ADU. If accessed via stairs snow and ice accumulation must be reduced. - Must comply with building code requirements. - Must be deed restricted and registered with APCHA. It is important to note, that today the code does not allow new ADUs to be used to satisfy mitigation requirements. Existing ADUs are able to stay, and ADUs that have had alterations without a permit are able to request Special Review from P&Z to be restored. Additionally, owners who are interested in full removal of their ADUs are able to pay a cash-in-lieu and/or land a housing certificate to buy out of it. When considering the alternatives, it’s important to understand the cash in lieu option and why it’s provide in the code. The total mitigation required for a development is determined by first calculating the number of full time equivalent employees (FTE’s), or the number of employees housed or generated by the development. For new residential development the number of employees housed in a unit is used as a basis to establish the FTE for that development. For the removal of an ADU, the code requires mitigation for .38 FTE’s. This figure is based on the following methodology: the average ADU is a studio or one- bedroom unit that houses 1.5 FTE’s. ADU’s have an occupancy rate of approximately 25%, so 1.5 (FTEs)x.25=.375, which is rounded up to .38 FTE’s. Once you establish the number of FTE’s generated by a development activity, you multiply the FTE number by the cash-in-lieu rate. The cash-in-lieu rate is based on affordable housing category designation. The cash-in-lieu rate was established by City Council with help from city staff and consultants and is updated every 5 years. The most recent cash-in-lieu rate was updated via Ordinance 5, Series of 2018. The cash- in-lieu rate is established by subtracting the unit sales revenue per FTE from the total cost of development per FTE. The cost of development looked at “hard” and “soft” costs associated with the construction of units in Aspen. The development cost was an average of current construction costs and anticipated future costs of construction. The category designation required for each type of development is established by the land use code. The mitigation for the removal of an ADU requires .38 FTE’s at a Category 2 designation. The category 2 cash in lieu rate is $342,599.02, therefore, the total cash-in-lieu fee for the removal of the ADU is $130,187.63. P29 VI.A. 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM October 13, 2018 Ms. Jessica Garrow Community Development Department City of Aspen 130 So. Galena St. Aspen, Colorado 81611 RE: 1011 E Hopkins – Re-establishment of ADU Mr. Garrow: Please accept this application for a Special Review to reinstall an Accessory Dwelling Unit at the 1011 East Hopkins Street property. The property was originally developed in the mid- 1990s with a single-family home and a voluntary Accessory Dwelling Unit located upstairs. A zoning inspection was recently conducted for remodel work of the home – it was at this time that City staff noted that the kitchen facilities had been removed from the upstairs unit. The City has provided the applicant with three different pathways forward to remedy the removal of the ADU kitchen: removing the deed restriction and paying a cash -in-lieu fee, re- establish the unit on the ground floor of the home, or re-establish the unit in the basement of the home. We are aware that the latter two options require Special Review by the Planning and Zoning Commission. In speaking with Staff, the preferred option is to re-establish the ADU in the basement of the home. This application is following Staff’s direction and will install the ADU in the basement triggering the Board review. P30 VI.A. 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM The City’s ADU standards have evolved since their initial implementation. The Land Use Code section applicable to ADUs in the mid 1990’s, is attached as Exhibit 2. ADUs were encouraged to be attached to the primary unit, be accessed from an alley if possible, be subordinate in their character, and be subordinate to the primary residence. This early version of the Code allowed for internal connections between the primary residence and the ADU and it allowed for units to be placed subgrade. However, the Code did not provide guidance – to the extent that is included in today’s Code – on what the minimum requirements were for the ADU kitchen facilities. Our understanding is that the subject property constructed their ADU under this mid -1990s Code. The requirements for ADUs including minimum sizing for kitchen elements/facilities was updated in a 2001 Code. It is our understanding that the while the ADU is not subject to these standards, we can use them for guidance specific to the kitchen requirements. Due to the ADU being developed under a previous code, the proposed re-installation does not comply with the current ADU standards – adherence with the current standards is not possible without redeveloping the whole property. We feel that this is an unreasonable ask of the applicant and propose to re -install the ADU downstairs in the basement at the recommendation of staff, recognizing this necessitates a Special Review with the Planning and Zoning Commission. The downstairs is separately accessible and has generous closet/storage space, a 3/4 bathroom, and will convert the current hall space into the kitchen area. There are existing egress windows located along the exterior wall butting the staircase as seen in the picture to the right and the floor plan below. P31 VI.A. 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM We have attached photographs and plans for your reference, in addition to the Special Review criteria in Exhibit 1. We look forward to working with you on this project. Please do not hesitate to contact us for additional information that will assist in your review. Kind Regards, Reilly Thimons BendonAdams LLC Attachments: 1. Review Criteria 2. 1990s ADU Standards 2.1 2001 ADU Standards 3. Pre-Application Summary 4. Application form 5. Agreement to Pay form 6. HOA form 7. Authorization to represent 8. Proof of ownership 9. Vicinity Map 10. Photos of existing conditions 11. ADU Retrofit Plan P32 VI.A. Exhibit 1 Review Criteria 26.520.080.D. Special Review. An application requesting a variation of the ADU and carriage house design standards shall be processed as a Special Review in accordance with the common development review procedures set forth in Chapter 26.304. The Special Review shall be considered at a public hearing for which notice has been posted, mailed, and published pursuant to Section 26.304.060.E.3. Review is by the Planning and Zoning Commission. If the property is an historic landmark, on the Inventory of Historic Sites and Structures or within a Historic Overlay District, the Historic Preservation Commission shall consider the Special Review. A Special Review for an ADU or Carriage House may be approved, approved with conditions or denied based on conformance with the following criteria: 1. The proposed ADU or carriage house is designed in a manner which promotes the purpose of the ADU and carriage house program, promotes the purpose of the Zone District in which it is proposed and promotes the unit's general livability. Response – This unit will continue the tradition of incorporating small-scale affordable housing opportunities into existing neighborhoods, allowing employees to live within the fabric of the existing community. The unit will be reinstalled in the lower (basement) level of the existing residence with separate staircase and entry – allowing for complete independent living. Being located in the basement adjacent to a large stairwell the unit has ample natural light, closet /storage space, and has interior finishes comparable to the main residence. The main residence has a two-car garage and room for up to four additional cars in the driveway off of the alley. The ADU is consistent with the purposes of the Residential Multi-Family zone district which states: The purpose of the Residential Multi-Family (RMF) Zone District is to provide for the use of land for intensive long-term residential purposes, short term vacation rentals, and customary accessory uses. Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses. Lands in the Residential Multi-Family (RMF) Zone District are typically those found in the Aspen infill area, within walking distance of the center of the City or lands on transit routes and other lands with existing concentrations of attached residential dwellings and mixed attached and detached residential dwellings. The property has been developed with a single-family residence and an Accessory Dwelling Unit, both are permitted uses by underlying zoning and both meet the intent of the purpose statement by providing housing for long-term residential purposes. P33 VI.A. Exhibit 1 Review Criteria 2. The proposed ADU or carriage house is designed to be compatible with and subordinate in character to, the primary residence considering all dimensions, site configuration, landscaping, privacy and historical significance of the property. Response – The Accessory Dwelling Unit is subordinate to the primary residence in every respect. The unit is within the allotted size requirements and will be accessed from the alley- side of the property. The ADU enables either complete independent living or a living situation where internal access to the primary unit is desirable or necessary. While ADUs are not required to be rented or occupied, this flexibility provides a higher likelihood the unit will be used to house a local working resident. The unit’s access is located along the alley side of the property. The access is simple, providing a code compliant and appropriate front door to the unit while remaining compatible with the architecture and subordinate to the primary house. The property is landscaped with mature vegetation consistently across the lot, granting the same level of privacy to the ADU as the main residence. The property has no historical significance. P34 VI.A. Exhibit 21990s ADU RegsP35VI.A. P36VI.A. P37VI.A. P38VI.A. Exhibit 2.1P39VI.A. P40VI.A. P41VI.A. P42VI.A. P43VI.A. P44VI.A. P45VI.A. P46VI.A. PRE-APPLICATION CONFERENCE SUMMARY DATE: September 10, 2018 PLANNER: Ben Anderson, 429.2765 PROJECT NAME AND ADDRESS: 1011 E. Hopkins PARCEL ID# 273718204009 REPRESENTATIVE: Chris Bendon, BendonAdams DESCRIPTION: (Existing and Proposed Conditions) The home at 1011 E. Hopkins contains a deed restricted, “voluntary” Accessory Dwelling Unit (ADU). When approved with the original development of the property, the ADU was located on the ground floor. At some point, the kitchen facilities required of the ADU were removed. During a recent zoning inspection for a remodel of the home, the absence of the ADU kitchen was noted by a Zoning Enforcement Officer. While the Land Use Code provides a process for the removal of ADUs, the City can find no evidence that such a process has ever been initiated at 1011 E Hopkins. The owner of the home has three options to remedy this situation. The first path would pursue administrative approval of the removal of the ADU and associated deed restriction. To remove the deed restriction pursuant to Aspen Municipal Code Section 26.520.090.C, the applicant shall provide mitigation for 0.38 Category 2 Full-time Equivalent employees in the form of Affordable Housing Certificates or fee-in-lieu. The current fee-in-lieu rate for Category 2 is $342,599.02, per FTE so mitigation by that method would be 0.38 x $342,599.02 = $130,187.62. An inspection to confirm that the space no longer qualifies as a dwelling unit shall be issued prior to the release of the deed restriction. The release shall be accepted by the City Attorney and filed with the Pitkin County Clerk and Recorder. The second path would re-establish the physical requirements of the ADU in its previous location. The third path would establish the ADU in the basement of the home. Both of these options require special review of the Planning and Zoning Commission; subject to 26.520.080.D. The requirement for the Board review stems from the fact that the current Land Use Code standards do not allow for subgrade units, and currently require kitchen features that are significantly different than those that were originally installed in this ADU. Special Review with P&Z is provided as a remedy for ADUs that do not meet the current standards. Staff would be supportive of either location for the reestablishment of the ADU with P&Z, but the subgrade location seems much more practical and would be more likely to be used as an ADU in the future. If either of these two outcomes were approved by P&Z, the deed restriction for the ADU remains in place. RELEVANT LAND USE CODE SECTIONS: Section Number Section Title 26.304 Common Development Review Procedures 26.520 Accessory Dwelling Units and Carriage Houses P47 VI.A. For your convenience – links to the Land Use Application and Land Use Code are below: Land Use Application Land Use Code REVIEW BY: • Staff for Complete Application Option 1 Community Development Director Options 2 and 3 • Planning and Zoning Commission REQUIRED LAND USE REVIEW(S): • Option 1 – Amendment of an ADU or Carriage House Development Order • Options 2 and 3 – Special Review – for a variation of an ADU design standard PUBLIC HEARING: • Option 1 – No • Option 2 and 3 - Yes. It is the responsibility of applicant to coordinate with Planning staff to meet the notice requirements for the public hearing. PLANNING FEES: Option 1 $975 deposit for 3 hours of staff time (Admin Review) Options 2 and 3 $3,250 deposit for 10 hours of staff time (P&Z Review) APPLICATION CHECKLIST – These items should first be submitted in a paper copy.  Completed Land Use Application and signed Fee Agreement.  Pre-application Conference Summary (this document).  Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner’s right to apply for the Development Application.  Applicant’s name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant.  HOA Compliance form (Attached to Application)  A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. Essential to this case is a floor plan and description of the depicting the past, existing, and proposed conditions for the ADU.  Written responses to applicable review criteria. P48 VI.A. Depending on further review of the case, additional items may be requested of the application. Once the application is deemed complete by staff, the applicant/applicant’s representative will receive an e-mail requesting submission of an electronic copy of the complete application and the deposit. Once the deposit is received, the case will be assigned to a planner and the land use review will begin. Once the copy is deemed complete by staff, the following items will then need to be submitted:  1 digital PDF copy of the complete application.  Total deposit for review of the application. 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. P49 VI.A. November 2017 City of Aspen|130 S. Galena St.|(970) 920 5090 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT LAND USE APPLICATION Project Name and Address:_________________________________________________________________________ Parcel ID # (REQUIRED) _____________________________ APPLICANT: Name: ______________________________________________________________________________________________ Address: _______________________________________________________________________________________________ Phone #: ___________________________ email: __________________________________ REPRESENTIVATIVE: Name: _________________________________________________________________________________________________ Address:________________________________________________________________________________________________ Phone#: _____________________________ email:___________________________________ Description: Existing and Proposed Conditions Review: Administrative or Board Review Have you included the following?FEES DUE: $ ______________ Pre-Application Conference Summary Signed Fee Agreement HOA Compliance form All items listed in checklist on PreApplication Conference Summary Required Land Use Review(s): Growth Management Quota System (GMQS) required fields: Net Leasable square footage _________ Lodge Pillows______ Free Market dwelling units ______ Affordable Housing dwelling units_____ Essential Public Facility square footage ________ 1011 East Hopkins ADU Re-installation 273718204009 Witmondt Family Investments LLC 100 Passaic Avenue #240 973-487-1800 ewitmondt@woodmontproperties.com BendonAdams 300 South Spring Street 970-925.2855 Ext. 3 reilly@bendonadams.com Property was approved in 1996 for a single family residence and a voluntary ADU upstairs on the ground floor. Over time the kitchen facilities for the original ADU were removed. The Applicant is proposing to re-install the ADU facilities in the basement which is separately accessed based upon direction from City Staff. This placement requires a Special Review before the PLanning and Zoning Commission. Planning and Zoning Commission Special Review X X X X P50 VI.A. P51 VI.A. P52 VI.A. P53 VI.A. 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM October 23, 2018 Jessica Garrow, AICP Community Development Director City of Aspen 130 So. Galena St. Aspen, Colorado 81611 RE: 1011 East Hopkins Avenue; Aspen, CO. Ms. Garrow: Please accept this letter authorizing BendonAdams, LLC, and Eric Witmondt, Manager of Witmondt Family Investments, to represent our ownership interests in 1011 East Hopkins Avenue and act on our behalf on matters reasonably associated in securing land use approvals for the property. If there are any questions about the foregoing or if we can assist, please do not hesitate to contact us. Property – 1011 East Hopkins Avenue; Aspen, CO 81611 Legal Description – Cimarron Townhomes Unit B Parcel ID – 2737-182-04-009 Owners – Witmondt Family Investments, LLC, a New Jersey Limited Liability Company; Eric Witmondt, Manager. Dana Tycher 2012 Irrevocable Trust Jack Tycher 2012 Irrevocable Trust Kate Tycher Dratch 2012 Irrevocable Trust Marshall B. Tycher and Sally K Tycher P54 VI.A. 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM Sincerely, Eric Witmondt, Manager Witmondt Family Investments, LLC 100 Passaic Avenue #240 Signature Fairfield, NJ 07004 973-487-1800 ewitmondt@woodmontproperties.com ___________________________________ Dana Tycher Signature Dana Tycher 2012 Irrevocable Trust 100 Passaic Avenue #240 Fairfield, NJ 07004 ___________________________________ Kate Tycher Dratch Signature Kate Tycher Dratch 2012 Irrevocable Trust 100 Passaic Avenue #240 ___________________________________ Fairfield, NJ 07004 Jack Tycher Signature Jack Tycher 2012 Irrevocable Trust 100 Passaic Avenue #240 Fairfield, NJ 07004 ___________________________________ Marshall B. Tycher Signature 100 Passaic Avenue #240 Fairfield, NJ 07004 ___________________________________ Sally K Tycher Signature 100 Passaic Avenue #240 Fairfield, NJ 07004 _____________________________________ P55 VI.A. MEMORANDUM OF OWNERSHIP-ACCOMMODATION NO LIABILITY PITKIN COUNTY TITLE, INC., A DULY LICENSED TITLE INSURANCE AGENT IN THE STATE OF COLORADO. BY EXAMINATION OF THE RECORDS OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, DISCLOSES THE FOLLOWING: GRANTEE IN THE LAST INSTRUMENT OF CONVEYANCE Witmondt Family Investments, LLC, a New Jersey limited liability company, as to an undivided 43.632% tenant in common interest, the Dana Tycher 2012 Irrevocable Trust, as to an undivided 18.7874% tenant in common interest, the Jack Tycher 2012 Irrevocable Trust, as to an undivided 18.7874% tenant in common interest, the Kate Tycher Dratch 2012 Irrevocable Trust, as to an undivided 18.7874% tenant in common interest and Marshall B. Tycher and Sally K. Tycher, as to an undivided 0.0058% tenant in common interest LEGAL DESCRIPTION UNIT B, CIMARRON TOWNHOMES, according to the Plat thereof recorded November 8, 1996 in Plat Book 40 at Page 87 and as defined and described in the Declaration for Cimarron Townhomes recorded November 8, 1996 as Reception No. 398934. DEED OF TRUST APPARENTLY UNRELEASED NONE LIENS AND JUDGMENTS (AGAINST LAST GRANTEE) APPARENTLY UNRELEASED NONE THIS INFORMATION IS FOR YOUR SOLE USE AND BENEFIT AND IS FURNISHED AS AN ACCOMMODATION. THE INFORMATION HAS BEEN TAKEN FROM THE PUBLIC RECORDS, WITHOUT REFERENCE TO, OR EXAMINATION OF, INSTRUMENTS WHICH PURPORTS TO AFFECT THE REAL PROPERTY. THE INFORMATION IS NEITHER GUARANTEED NOR CERTIFIED, AND IS NOT AN ABSTRACT OF TITLE, OPINION OF TITLE, NOR A GUARANTY OF TITLE, AND OUR LIABILITY IS LIMITED TO THE AMOUNT CHARGED FOR THIS REPORT. EFFECTIVE DATE: 10/11/2018 PITKIN COUNTY TITLE, INC. BY: Authorized Officer JOB NO: ACCOM-WITMONDT P56 VI.A. Exhibit 9 1011 East Hopkins Street – Vicinity Map P57 VI.A. 1011 E Hopkinsvisuals of home and exisƟ ng conditionsaspen | colorado123Exhibit 10Site photos from northwest property corner and from southwest corner looking along alleyExisting access to ADUfrom alley side of propertyInterior pictures showing entry, location of new kitchen, bathroom, closet, and bedroomP58 VI.A. A201 FLOOR PLANS SHEET NUMBER SHEET TITLE1011 E Hopkins304 E Hopkins AveAspen, CO 81611Red Room Design 3134 South Grand Avenue Glenwood Springs, CO 81623 970.413.3144 369 sq ft 3'-11 3/4"5"2'-6 1/2"5"11'-4 1/2" 18'-8 3/4"5"16'-5 3/4"5"2'-8 1/2"20'-1/4"9 1/2"11'-4 3/4"5"3'-5 1/2"5"3'-11"20'-4 3/4"1'-7"2'-11 1/4"2'-5"5"11'-4 1/2" 18'-8 3/4" EXISTING EGRESS WINDOW Closet Bath Bedroom Hall EXISTING AREA AREA LEGEND RF3'-11 3/4"5"2'-6 1/2"5"11'-4 1/2" 18'-8 3/4"5"16'-5 3/4"5"2'-8 1/2"20'-1/4"9 1/2"11'-4 3/4"5"3'-5 1/2"5"3'-11"20'-4 3/4"1'-7"2'-11 1/4"2'-5"5"11'-4 1/2" 18'-8 3/4" EXISTING EGRESS WINDOW OVEN BELOW MIN. 6 CUBIC FEET Closet Bath Bedroom Kitchen 1 EXISTING 1/2" = 1'-0"3 PROPOSED 1/2" = 1'-0"P59VI.A. From:Reilly Thimons To:"MarshallTycher@canoebrook.com" Cc:Chris Bendon Subject:Supplemental Letter of Authorization for 1011 E Hopkins project Date:Monday, November 12, 2018 3:52:00 PM Hi Marshall, I am assisting Chris Bendon with your land use application for 1011 E Hopkins. As part of the application, we sent an letter for signatures to verify ownership of the property. Sally signed on behalf of the Tycher trustees, and the City of Aspen is now requesting a supplemental letter that confirms she is an authorized representative. As we do not have the trust documents, I wanted to reach out to confirm whether Sally is legally authorized to sign on behalf of the other trustees and if she has a title. If she is not authorized, we will need to update the previous ownership letter and provide the supplemental letter authorizing the correct party. Please feel free to call me with any questions. Cheers, Reilly Reilly Thimons BendonAdams 300 So. Spring St. #202 Aspen, CO 81611 (970) 925.2855 Ext. 3 www.BendonAdams.com P60 VI.A. TO: City of Aspen Planning and Zoning Commission FROM: Garrett Larimer, Planner THRU: Jennifer Phelan, Deputy Planning Director RE: Amendment of a Growth Management Development Order 230 E Hopkins Ave MEETING DATE: March 26, 2019 APPLICANT: 360 Hexagon LLC, 119 Hyslop Road, Brookline, MA 02445 REPRESENTATIVE: Stan Clausen Associate, Inc., 412 N Mill St., Aspen, CO 81611 LOCATION: 230 E Hopkins Ave. CURRENT ZONING: Mixed Use (MU) SUMMARY: The applicant is seeking an a to Resolution No. 1, Series of 2018 to adjust the size of a free market residential unit affordable housing unit. The applicant is interested in increasing the maximum allowable square footage of the residential unit to 2,500 previous approval that set the maximum at “approximately 2,313.” MEMORANDUM City of Aspen Planning and Zoning Commission Garrett Larimer, Planner Jennifer Phelan, Deputy Planning Director Amendment of a Growth Management Development Order – Substantial Amendment 30 E Hopkins Ave. – Mountain Forge, Resolution No. __, Series of 2019 119 Hyslop Road, Stan Clausen Associate, Inc., 412 N amendment to adjust the residential unit and the applicant is interested in increasing the maximum allowable square footage of the residential unit to 2,500 from the previous approval that set the maximum at STAFF RECOMMENDATION: Staff recommends Zoning Commission approve the request approval increased residential unit sizes. Page 1 of 3 Substantial Amendment – , Series of 2019 recommends the Planning and request approval to allow for the P61 VI.B. Page 2 of 3 REQUEST OF THE PLANNING AND ZONING COMMISSION: · Amendment of a Growth Management Development Order – Substantial Amendment The applicant is requesting to modify the maximum allowable floor area of the free market residential unit approved via Resolution No. 1, Series of 2018. The Planning and Zoning Commission is the final review authority. LOCATION/BACKGROUND: The subject property, 230 E Hopkins Ave., also known as the Mountain Forge building, is a mixed use building in the Mixed Use (MU) zone district. The subject site is a 6,000 square foot parcel. Conceptual approval was granted to redevelop the property via Resolution No. 5, Series of 2016 and final approval was granted via Resolution No. 1, Series of 2018, allowing for a new free market unit, one affordable housing unit, commercial net leasable, as well as a remodel and expansion to the building. The site-specific approval granted a free market unit measuring “approximately 2,313 square feet” with affordable housing mitigation requirements, credit for the existing commercial spaces with no affordable housing mitigation requirement if the proposed net leasable remained below the credit, and an affordable housing unit measuring 908 sq. ft. with approximately 60% of the unit below grade. The applicant submitted a building permit and during permit review, staff noted the free market unit exceeded the net livable approved as part of the resolution. It was determined that the variations in unit size from the approvals required an amended approval. The current application seeks to amend parts of the approval. CURRENT REQUEST: The applicant seeks to amend Resolution No. 1, Series of 2018, specifically “Section 2: Growth Management Amendment.,” and Resolution No. 5, Series of 2016, specifically “Section 6: Replacement of Affordable Housing.” The current application proposes a free market residential unit with a maximum net livable of 2,500 square feet. A dwelling above 2,000 square feet requires the extinguishment of a Transferable Development Right (TDR). 2,500 sq. ft. is the maximum unit size allowed in this zone district. The increase in the free market residential unit would trigger additional affordable housing mitigation. The affordable housing mitigation required for the free market residential unit in Resolution No. 1, Series 2018 required mitigation for 1.73 FTE’s (for a 2,313 sq. ft unit). The current proposal for a 2,500 sq. ft. unit would require mitigation of 1.875 FTE’s which will be extinguished through Certificates of Affordable Housing Credits prior to issuance of a building permit. As the free market unit is proposed to increase, the commercial component decreases. The application amends the total net leasable for the commercial spaces in the building from 4,892 sq. ft. of to 4,773 square feet of net leasable. The current proposal remains below the credit threshold granted from the existing building of 5,699 square feet and would not require any additional affordable housing mitigation. The final change proposed is to the affordable housing unit. Approval was granted for an affordable unit that was at least 900 square feet of net livable area. More than 50% of the unit was allowed to be below grade. The proposed configuration that was approved included a 908 sq. ft. unit with 366 sq. ft. of net livable on level one (above grade) and 542 sq. ft. on the basement level (below grade), which equates to 59.7% of the total net livable below grade. The current proposal includes a 961 sq. ft. affordable housing unit, with 365 sq. ft. above grade on level one, and 596 sq. ft. below grade in the basement, which equates to 62% below grade. STAFF COMMENTS: During the review and approval of the original project, material representations were made that were the basis of the approval. Since then, the applicant has changed the design and those material representations have been altered. Although this is a minor adjustment in floor area between approved uses and does not increase the P62 VI.B. Page 3 of 3 massing or overall square footage of the project, changes need to be approved by the commission. The project is currently vested in a code that allows free market residential units as an allowed use, which is no longer permitted; however, the changes in floor area between use categories meets the allowances and limitations of the zone district standards. This will be confirmed at building permit. Staff is supportive of the increase in size of the affordable housing unit. Although the increase occurs below grade, staff is supportive of larger affordable housing units as a larger unit generally improves livability. The unit’s configuration with more than 50% of the unit below grade was approved by P&Z and supported by APCHA during the original review. Staff continues to support the below grade condition of the unit and is supportive of increasing the size of the unit even if the increased square footage occurs below grade. STAFF RECOMMENDATION: Staff recommends the Planning and Zoning Commission approve the request to amend the Growth Management Approval granted via Resolution No. 1, Series of 2018. PROPOSED MOTION (WORDED IN THE AFFIRMATIVE): The Resolution as written grants approval of an amendment to the Growth Management amendment. If the Planning and Zoning Commission wishes to approve the request the following motion can be used: “I move to approve Resolution No.___, Series of 2019 to amend the Growth Management approval granted via Resolution No. 1, Series 2018 to allow for a maximum free market unit size of 2,500 square feet of net livable and a minimum 961 square foot affordable housing unit with 366 square feet of net livable on level one and 596 square feet of net livable in the basement.” Attachments: Exhibit A – Proposed Floor Area Drawings Exhibit B – Growth Management Review Criteria Exhibit C – Application Exhibit D – Resolution No. 5, Series of 2016 Exhibit E – Resolution No. 1, Series of 2018 P63 VI.B. 230 E Hopkins Ave Mountain Forge Resolution No. __, Series 2019 Page 1 of 4 RESOLUTION NO. (SERIES OF 2019) A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN APPROVING A GROWTH MANAGEMENT AMENDMENT FOR THE PROPERTY LOCATED ON LOTS R AND S, BLOCK 74, CITY AND TOWNSITE OF ASPEN, COMMONLY KNOWN AS 230 E. HOPKINS AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. PARCEL IDENTIFICATION NUMBER: 273707328008 WHEREAS, the Community Development Department received an application from 360 Hexagon LLC (Applicant) represented by Stan Clauson Associates, Inc., requesting the Planning and Zoning Commission approve a Growth Management Amendment for 230 E. Hopkins Avenue; and, WHEREAS, all code citation references are to the City of Aspen Land Use Code in effect on the day of initial application – March 15, 2016, as applicable to this project; and, WHEREAS, pursuant to Subsection 26.470.150, the Planning and Zoning Commission may approve, disapprove, approval with conditions, or continue an application for a substantial amendment to the Growth Management approval at a duly noticed public hearing; and, WHEREAS, upon initial review of the application and the applicable code requirements, the Aspen Community Development Department recommended approval of the request; and, WHEREAS, all required public noticing was provided as evidenced by the affidavit of public noticing submitted to the record, and the public was provided full access to review the Application; and, WHEREAS, the Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing on March 26, 2019; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets the applicable review criteria and that the approval of the requests is consistent with the goals and objectives of the Land Use Code; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare; and, WHEREAS, the Planning and Zoning Commission approves Resolution No. __, Series of 2019, by a ____ to ____ (__ - __) vote, granting approval of a Growth Management substantial amendment as identified herein. P64 VI.B. 230 E Hopkins Ave Mountain Forge Resolution No. __, Series 2019 Page 2 of 4 NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Growth Management Amendment Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves an amendment to the Growth Management approval that was granted via Resolution No. 5, Series of 2016 and Resolution No. 1, Series of 2018 allowing for a larger free market unit, a reduction in commercial net leasable and a larger affordable housing unit. The free market residential unit shall not exceed 2,500 square feet of net livable area. The affordable housing unit shall be no less than 961 square feet of net livable area. The commercial net leasable area is shown at 4,773 square feet and may not exceed the dimensional limitations of the zone district. Affordable Housing Mitigation is required for the development of the free market unit and shall be mitigated by extinguishing Certificates of Affordable Housing Credits. The total affordable housing mitigation requirement of the development will be confirmed by Zoning at Building Permit. A) The following Growth Management approval language shall replace and supersede those granted pursuant to Section 2.2 of Resolution No 1, Series of 2018. 2.2 Affordable Housing Mitigation Requirements a) The addition of one free-market unit not to exceed 2,500 square feet net livable area requires the applicant to provide 750 sq. ft. net livable area in affordable housing mitigation, or 1.875 Full Time Equivalents (FTEs), using the following calculation: Mitigation Requirement = 2,500 sq. ft. of free-market net livable / 30% = 750 sq. ft. Conversion to FTEs = 750 sq. ft. / 400 sq. ft. = 1.875 FTEs The applicant shall be required to extinguish a Transferable Development Right (TDR) certificate on this site for the free-market residential unit. The TDR certificate shall be extinguished prior to issuance of a building permit, pursuant to Section 26.535.080. b) The existing development provides a net leasable reconstruction credit of 5,699 sq. ft., or 23.16 FTEs as calculated below: Basement: 1,317 sq. ft. / 1,000 sq. ft. = 1.317 (4.7 FTEs x 0.75) = 4.64 FTEs Ground Floor: 2,711 sq. ft. / 1,000 sq. ft. = 2.711 (4.7 FTEs) = 12.74 FTEs Upper Floor: 1,641 sq. ft. / 1,000 sq. ft. – 1.641 (4.7 FTEs x0.75) = 5.78 FTEs Total = 4.64 + 12.74 + 5.78 = 23.16 FTEs P65 VI.B. 230 E Hopkins Ave Mountain Forge Resolution No. __, Series 2019 Page 3 of 4 The proposed development includes 4,773 sq. ft. of net leasable area or 19.526 FTEs as calculated below: Basement: 1,952 sq. ft. / 1,000 sq. ft. = 1.952 (4.7 FTEs x 0.75) = 6.881 FTEs Ground Floor: 2,298 sq. ft. / 1,000 sq. ft. = 2.298 (4.7 FTEs) = 10.801 FTEs Upper Floor: 523 sq. ft. / 1,000 sq. ft. = .523 (4.7 FTEs x0.75) = 1.844 FTEs Total = 6.881 + 10.801 + 1.844 = 19.526 FTEs Under this approval, affordable housing mitigation is not required for the commercial net leasable floor area associated with the site, provided the FTEs generated by the proposed net leasable do not exceed the reconstruction credit. Any reconstruction credit shall be valid for one (1) year following issuance of a demolition permit, pursuant to Chapter 26.470.140. B) The following Replacement of Affordable Housing approval language shall replace and supersede those granted pursuant to Section 6 of Resolution No 5, Series of 2016. Section 6: Replacement of Affordable housing The Planning and Zoning Commission hereby approves the replacement of an on-site, two-bedroom affordable housing unit. The unit is required to house no fewer than 2.25 Full Time Equivalents (FTEs). The applicant will provide this unit as a 961 sq. ft. of net livable area unit with 365 sq. ft. of net livable floor area above grade and 596 sq. ft. of net livable floor area below grade, as represented in the application. A new deed-restriction designation at a Category 3 level shall be recorded with the Pitkin County Clerk and Recorder prior to receipt of Certificate of Occupancy. The unit shall be maintained as a rental property with APCHA and must be rented to a qualified working resident per APCHA requirements. The applicant will have the ability to place an APCHA-qualified tenant in the unit. If the unit is found to be out of compliance for a period of at least six months, APCHA will take full control of the tenant placement. Section 2: All approvals and conditions contained in P&Z Resolution No. 5, Series of 2016 and P&Z Resolution No. 1, Series of 2018 not modified by this Resolution remain valid. Section 3: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning 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 4: P66 VI.B. 230 E Hopkins Ave Mountain Forge Resolution No. __, Series 2019 Page 4 of 4 This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 26th day of March, 2019. APPROVED AS TO FORM: Planning and Zoning Commission _______________________________ _______________________________ Andrea Bryan, Assistant City Attorney Spencer McKnight, Chair ATTEST: _______________________________ Jeannine Stickle, Records Manager P67 VI.B. �. u uii ,, COMM. MEC..------ 75 SF GROSS x18% 14SF COMM.#5 140 SF GROSS x18% 25 SF � COMM.#4 1,495 SF GROSS x18% 148SF COURTYARD NON-UNIT SPACE 200 SF DECK (EXEMPT) 280 SF 18'-3" 84'-7" -----------------------;-Ii -<z> PROPOSED 1111 1111 66'-5" BASEMENT FLOOR PLAN SCALE: 3/32" = 1'-0" / NON-UNIT SPACE 700SF GROSS x18% 126SF COMM.#6 590 SF x18% 107 SF COMM.MECH 160SF x18% 29SF AHU 694SF x18% 125SF LEGEND COMMERCIAL RESIDENTIAL SPACE NON-UNIT SPACE DECK AREA> 30" ABOVE GRADE AFFORDABLE HOUSING UNIT COMM.#8 WALL(D 200SF STAIR 145SF COMM. #7 400SF WAU.@ COMM.#3 710 SF COMM.#2 360 SF NON-UNIT SPACE 670 SF COMM.#1 1,460 SF I ',WALL AREA 697SF ' 65'-3 3/4" WALL@ PROPOSED LEVEL ONE FLOOR PLAN SCALE: 3/32" = 1'-0" r:1 2'-1" _,,....,,_ WALL@ WALL AREA 198SF l 18'-7" 1 WALL AREA 24SF EXPOSED � WALL@ WALL AREA 490SF l 46'-7 3/4" 1 RES. GARA GE 358 SF -500 SF (500 EXEMPT) 0 SF AHU 398 SF 11: ,j WALL AREA 199SF COMM. MECH. 87 SF H--;:'. 16SF :;er WALL(!) � 60SF WALL AREA 616SF [WACC :1 WALL AREA [w,u. 26SF � ;·-2; / 6'-4 1/2- ✓ :1WALLAREA 74SF RESIDENCE 2,625 SF PROPOSED LEVEL TWO FLOOR PLAN SCALE: 3/32" = 1 '-0" CODE SUMMARY: CALCULATION SUMMARY: CITY OF ASPEN LAND USE CODE SECTION 26.575.020 CAL CUL.A TIONS AND MEASUREMENTS. MEASURING FLOOR AREA. ZONING DISTRICT MIXED USE (MU) IN MEASURING FLOOR AREAS FOR FLOOR AREA RATIO AND ALLOWABLE FLOOR AREA, THE FOLLOWING APPLIES: CURRENT USES OFFICE/RESIDENTIAL GENERAL. FLOOR AREA SHALL BE ATTRIBUTED TO THE LOT OR PARCEL UPON WHICH IT IS DEVELOPED. IN MEASURING 6,000 SF NET LOT AREA (A) A BUILDING FOR THE PURPOSES OF CALCULATING FLOOR AREA RATIO AND ALLOWABLE FLOOR AREA, THERE SHALL BE GROSS LOT AREA (A) 6,000 SF INCLUDED ALL AREAS WITHIN THE SURROUNDING EXTERIOR WALLS OF THE BUILDING OR POTION THEREOF. THEN MEASURING FROM THE EXTERIOR WALLS, THE MEASUREMENT SHALL BE TAKEN FROM THE EXTERIOR FACE OF ALLOWABLE FLOOR AREA 12,000 SF (2:1) FRAMING, EXTERIOR FACE OF STRUCTURAL BLOCK, EXTERIOR FACE OF STRAW BALE, OR SIMILAR EXTERIOR SURFACE COMMERCIAL AREA 4,500 SF (.75:1) OF THE NOMINAL STRUCTURE EXCLUDING SHEATHING, VAPOR BARRIER, WEATHERPROOFING MEMBRANE, FREE MARKET HOUSING 3,000 SF (.5:1) EXTERIOR-MOUNTED INSULATION SYSTEMS, AND EXCLUDING ALL EXTERIOR VENEER AND SURFACE TREATMENTS AFFORDABLE HOUSING REMAINDER OF 12,000 SF ALLOWABLE SUCH AS STONE, STUCCO, BRICKS, SHINGLES, CLAPBOARDS OR OTHER SIMILAR EXTERIOR VENEER TREATMENTS. DIMENSIONAL REQUIREMENTS: 3,000 SF MIN. GROSS LOT AREA 30" MIN.LOT WIDTH 10" MIN. FRONT YARD SETBACK 5" MIN. SIDE YARD SETBACK 5" MIN. REAR YARD SETBACK 28" MAX. HEIGHT 10" MIN. DISTANCE BETWEEN BUILDINGS DECK (EXEMPT) 105SF 18'-11 3/4" / / 011�::�REA �' 76SF ' �--� � WALL@ WALL AREA 83SF 29'-5 1/2" PROPOSED GROSS AREAS: IB 2,;: SF LEVEL TWO -RESIDENCE SF LEVEL ONE -AHLI O'. 694 SF BASEMENT -AHLI 1,460 SF LEVEL ONE -COMM. #1 360 SF LEVEL ONE -COMM. #2 � 1.��� SF LEVEL ONE -COMM. #3 SF BASEMENT -COMM. #4 0 140 SF BASEMENT -COMM. #5 (.) 590 SF BASEMENT -COMM. #6 400 SF LEVEL TWO -COMM. #7 200 SF LEVEL TWO -COMM. #8 75 SF MECHANICAL -COMM. 160 SF MECHANICAL -COMM. +87 SF MECHANICAL -COMM. 9,359 SF TOTAL GROSS AREA PROPOSED TOTAL RESIDENTIAL: 3,682 SF TOTAL COMMERCIAL: 5,677 SF WALL AREA 157SF 58'-7 3/4" It EXPOSED w";'.� ��EA DwAccO / /� I 51 SF WALL AREA 51 SF 14•-o· l 4"-5 314• ,,L' ----�,.-. -/------/- SUB-GRADE WALL SUMMARY: WALL# WALL AREA EXPOSED AREA WALL 1 ---6-97 SF 0 SF WALL 2 24 SF 0 SF WALL 3 198 SF 0 SF WALL 4 490 SF 0 SF WALL 5 199 SF 0 SF WALL 6 16 SF 0 SF WALL? 61 6 SF 60 SF WALLS 26 SF 0 SF WALL 9 74 SF 0 SF WALL10 76 SF 76 SF WALL11 157 SF 140 SF WALL12 159 SF 142 SF WALL13 51 SF 51 SF WALL14 +334 SF +66 SF TOTALS 3117 SF 535 SF 535 SF EXPOSED /3,117 SF WALL AREA= 18% OF SUB GRADE BASEMENT WILL COUNT TOWARD FLOOR AREA. PROPOSED FLOOR AREA CALCULATION: PERCENT AGE OF USAGE: OVERALL FLOOR AREA REMAINING: 5,677 SF COMMERCIAL 61% 12,000 SF ALLOWABLE FLOOR AREA 200 SF LEVEL TWO -COMM. #8 �§E RESIDENTIAL 39% :..L1Q§. SF PROPOSED FLOOR AREA 400 SF LEVEL TWO -COMM. #7 9,359 SF TOTAL GROSS AREA 100% 4,894 SF FLOOR AREA REMAINING 87 SF LEVEL TWO -COMM. MECH. 1,460 SF LEVEL ONE -COMM. #1 COMMERCIAL FLOOR AREA REMAINING: 360 SF LEVEL ONE -COMM. #2 4,500 SF ALLOWABLE FLOOR AREA 71 0 SF LEVEL ONE -COMM. #3 :..±i.111 §E PROPOSED FLOOR AREA 148 SF BASEMENT -COMM. #4 NON-UNIT SPACE: 386 SF FLOOR AREA REMAINING 25 SF BASEMENT -COMM. #5 145 SF LEVEL TWO 107 SF BASEMENT -COMM. #6 670 SF LEVEL ONE RESIDENTIAL FLOOR AREA REMAINING: 14 SF BASEMENT -COMM. MECH. +126 SF BASEMENT 3,000 SF ALLOWABLE FLOOR AREA +29 SF BASEMENT -COMM. MECH. 941 SF TOTAL � §E PROPOSED FLOOR AREA 3,540 SF SUBTOTAL 8 SF FLOOR AREA REMAINING 941 SF NON-UNIT SPACE +574 SF COMM. -NON UNIT 4,114 SF COMM. -FLOOR AREA x61% SF COMM. - % OF USAGE AHLI FLOOR AREA REMAINING: � SF COMM. -NON-UNIT SPACE 4,556 SF ALLOWABLE FLOOR AREA 941 SF NON-UNIT SPACE � §f. PROPOSED FLOOR AREA 2,625 SF LEVEL TWO -RESIDENCE x39% SF RES. - % OF USAGE 3,491 SF FLOOR AREA REMAINING +367 SF RES. -NON UNIT � SF RES. -NON-UNIT SPACE 2,992 SF RES. -FLOOR AREA 7,106 SF TOTAL-FLOOR AREA --....r-...-row I and+ broug hton architecture I urban design I interior design 234 e hopkins ave aspen, co 81611 970.544.9006 o 970.544.3473 f Issue: 11.16.2017 P+Z FINAL HEARING 11.21.2017 1830 blake st, ste 200 denver, co 80202 303.308.13730 303.308.1375f FURNITURE PLAN OPTIONS 12.06.2017 COORDINATION 05.16.2018 COORDINATION 06.01.2018 REVIEW 07.12.2018 COORDINATION 08.02.2018 CONSTRUCTION DOCUMENTS 08.28.2018 80% PRICING 11.04.2018 LEASE EXHIBIT 11.13.2018 POOUSPA COORDINATION 12.14.2018 REVISED BACKGROUNDS Revision: MTN FORGE RENOVATION AND ADDITION 230-234 E. HOPKINS AVENUE ASPEN, CO 81611 PROJECT NO: 21718 DWG FILE: 21718_A0-2z.dwg SHEET TITLE PROPOSED FLOOR AREA CALCULATIONS SCALE: 3/32"=1 '-0" A0.2z oomKKT:0,10ft-.....1><-IIIOIJGIIT'CINAftCHIT'ECTIJ""""DUft"""D ... W THo:""°""'T<Nl'KJDDIGl<INTINTCONT,...EDON Tinooo.M""1"IO THo:F'IKJPERTYOl'�r«J-)U<atm"'A"°"TOCTURIIANCLJl<IIAN °""""'·"°PN<fOO..,..._°"'""TION .... TNU5EWfTOOJT"THt:""'°" w•rrro• "'""'55IOl<""""""--""'""""uG1m"'·•••cHncn-•NCU1UW< DESION.1¥JWlANl•llROUGHTONARCHTEClUREl'KJ"""""DE•IGN&fW.l. .. TAll<...._OOM..,,.U.WSTATIJTIJl<Y_,OTHO!ft"'"""'Dl<IGH'f .. INCI..LJ<W«>COPYFOG><TTI<•...-r<> P68VI.B. P69 VI.B. P70 VI.B. P71 VI.B. Exhibit B Substantial Amendment to a Growth Management Approval 1 Summary of Review Criteria for Section 26.470.050, General Review Standards 1.Sufficient growth management allotments are available to accommodate the proposed development, pursuant to Subsection 26.470.030.D. Applications for multi-year development allotment, pursuant to Paragraph 26.470.090.1 shall not be required to meet this standard. DOES NOT APPLY 2.The proposed development is compatible with land uses in the surrounding area, as well as with any applicable adopted regulatory master plan. MET 3.The development conforms to the requirements and limitations of the zone district.MET 4.The proposed development is consistent with the Conceptual Historic Preservation Commission approval, the Conceptual Commercial Design Review approval and the Planned Development – Project Review approval, as applicable. DOES NOT APPLY 5.Unless otherwise specified in this Chapter, sixty percent (60%) of the employees generated by the additional commercial or lodge development, accordi ng to Subsection 26.470.100.A, Employee generation rates, are mitigated through the provision of affordable housing. The employee generation mitigation plan shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing, at a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. If an applicant chooses to use a Certificate of Affordable Housing Credit as mitigation, pursuant to Chapter 26.540, such Certificate shall be extinguished pursuant to Chapter 26.540.90 Criteria for Administrative Extinguishment of the Certificate. DOES NOT APPLY GMQS Review - General Review Standards B. General requirements: All development applicati ons for growth management review shall comply with the following standards. The reviewing body shall approve, approve with conditions or deny an application for growth management review based on the following generally applicable criteria and the review criteria applicable to the specific type of development: P72 VI.B. Exhibit B Substantial Amendment to a Growth Management Approval 2 26.470.150. Amendment of a growth management development order. B. Substantial amendment. All other amendments to an approved growth management development order shall be reviewed pursuant to the terms and procedures of this Chapter. Allotments granted shall remain valid and applied to the amended application, provided that the amendment application is submitted prior to the expiration of vested rights. Amendment applications requiring additional allotments or allotments for different uses shall obtain those allotments pursuant to the procedures of this Chapter. Any new allotments shall be deducted from the growth management year in which the amendment is submitted. Staff Response: No additional allotments are requested, and the allotments granted via Resolution No. 5, Series 2016 remain valid as the vested rights are still valid. 26.470.070 Planning and Zoning Applications 6.Affordable housing net livable area, for which the finished floor level is at or above natural or fini shed grade, whichever is higher, shall be provided in an amount equal to at least thirty percent (30%) of the additional free- market residential net livable area, for which the finished floor level is at or above natural or finished grade, whichever is higher. Affordable housing shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing, and be restricted to a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. Affordable housing units that are being provided absent a requirement ("voluntary units") may be deed-restricted at any level of affordability, including residential occupied. If an applicant chooses to use a Certificate of Affordable Housing Credit as mitigation, pursuant to Chapter 26.540, such Certificate shall be extinguished pursuant to Chapter 26.540.90 Criteria for Administrative Extinguishment of the Certificate, utilizing the calculations in Section 26.470.100 Employee/Square Footage Conversion. MET 7.The project represents minimal additional demand on public infrastructure, or such additional demand is mitigated through improvement proposed as part of the project. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking and road and transit services. MET P73 VI.B. Exhibit B Substantial Amendment to a Growth Management Approval 3 7. New free-market residential units within a multi-family or mixed-use project. The development of new free-market residential units within a multi-family or mixed-use project shall be approved, approved with conditions or denied by the Planning and Zoning Commission based on the general requirements outlined in Section 26.470.050 above. Staff Response: The proposed alteration to an approved free-market residential unit meets the applicable review criteria for Section 26.470.050, staff finds this criterion to be met. 26.470.050. General requirements. B. General requirements: All development applications for growth management review shall comply with the following standards. The reviewing body shall approve, approve with conditions or deny an application for growth management review based on the following generally applicable criteria and the review criteria applicable to the specific type of development: 1. Sufficient growth management allotments are available to accommodate the proposed development, pursuant to Subsection 26.470.030.D. Applications for multi-year development allotment, pursuant to Paragraph 26.470.090.1 shall not be required to meet this standard. Staff Response: The number of allotments requested is not changing as part of this request. Staff finds this criterion to be not applicable. 2. The proposed development is compatible with land uses in the surrounding area, as well as with any applicable adopted regulatory master plan. Staff Response: The mix of the proposed development is not changing and was found to be compatible with the land uses in the surrounding area in the previous approval. There are no regulatory master plans for this area. Staff finds this criterion to be met. 3. The development conforms to the requirements and limitations of the zone district. Staff Response: The current application is requesting to amend the site-specific approval. The proposed design complies with the maximum unit size allowed in the Mixed-Use zone district. All other dimensional requirements will be confirmed at building permit but appear to comply with all requirements of the zone district and the code the project is vested under. Staff finds this criterion to be met. 4. The proposed development is consistent with the Conceptual Historic Preservation Commission approval, the Conceptual Commercial Design Review approval and the Planned Development – Project Review approval, as applicable. Staff Response: The property is not historic and not part of a Planned Development. The proposal does not change any elements relating to the Commercial Design approval. Staff finds this criterion to be not applicable. 5. Unless otherwise specified in this Chapter, sixty percent (60%) of the employees generated by the additional commercial or lodge development, according to Subsection 26.470.100.A, Employee generation rates, are mitigated through the provision of affordable housing. The P74 VI.B. Exhibit B Substantial Amendment to a Growth Management Approval 4 employee generation mitigation plan shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing, at a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. If an applicant chooses to use a Certificate of Affordable Housing Credit as mitigation, pursuant to Chapter 26.540, such Certificate shall be extinguished pursuant to Chapter 26.540.90 Criteria for Administrative Extinguishment of the Certificate. Staff Response: The commercial net leasable floor area proposed by the proposed development is less than the existing net leasable floor area, and therefore no Full-Time Equivalents or FTEs are generated by the proposal for a decrease in commercial space. Staff finds this criterion to be not applicable. 6. Affordable housing net livable area, for which the finished floor level is at or above natural or finished grade, whichever is higher, shall be provided in an amount equal to at least thirty percent (30%) of the additional free-market residential net livable area, for which the finished floor level is at or above natural or finished grade, whichever is higher. Affordable housing shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing, and be restricted to a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. Affordable housing units that are being provided absent a requirement ("voluntary units") may be deed-restricted at any level of affordability, including residential occupied. If an applicant chooses to use a Certificate of Affordable Housing Credit as mitigation, pursuant to Chapter 26.540, such Certificate shall be extinguished pursuant to Chapter 26.540.90 Criteria for Administrative Extinguishment of the Certificate, utilizing the calculations in Section 26.470.100 Employee/Square Footage Conversion. Staff Response: The proposal increases the free market unit size to 2,500 sq. and requires mitigation of 1.875 FTEs. On site affordable housing mitigation was not required by the previous approval, mitigation by Certificate of Affordable Housing Credits was allowed. The affordable housing mitigation calculation is: 2,500s.f. x 30% = 750 750/400sf = 1.875 FTEs The applicant is required to mitigate by purchasing Certificates of Affordable Housing Credits and will be required to mitigate for 1.875 FTE’s prior to issuance of the building permit. Staff finds this criterion to be met. 7. The project represents minimal additional demand on public infrastructure, or such additional demand is mitigated through improvement proposed as part of the project. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking and road and transit services. Staff Response: The proposed alteration represents a minor change to the approved development and will not result in increased demand on public infrastructure, staff finds this criterion to be met. P75 VI.B. Exhibit B Substantial Amendment to a Growth Management Approval 5 P76 VI.B. Land Use Application 230 E. Hopkins-Mountain Forge Building 17 January 2019 An application for Minor Amendment to Site Specific Development Plan Represented By: P77 VI.B. Mountain Forge Building (PID# 273707328008) Minor Amendment to Site Specific Development Plan 17 January 2019 1 | Page TABLE OF CONTENTS  Project Overview and Code Response  Attachment 2 –Land Use Application Form  Attachment 3 – Dimensional Requirements Form  Attachment 4- Vicinity Map and Property Description  Attachment 5 – Architectural Plans  Attachment 6- Letter of Authorization  Attachment 7 - Proof of Ownership  Attachment 8 - HOA Compliance Form  Attachment 9 - Site Improvement Survey  Attachment 10 - Previous Approvals  Attachment 11- Pre-Application Conference Summary P78 VI.B. Mountain Forge Building (PID# 273707328008) Minor Amendment to Site Specific Development Plan 17 January 2019 2 | Page PROJECT OVERVIEW 360 Hexagon LLC (the “Applicant”) submits this application for Minor Amendment to the site-specific development plan which provided for the remodel of the existing Mountain Forge Building. The subject site is a 6,000 SF parcel located at 230 East Hopkins (the “Property”). The Property lies within the Mixed-Use (MU) zone district and is located in what was formerly known as the western Central Mixed Use Character Area of the repealed and replaced Commercial, Lodging, and Historic District Design Objectives and Guidelines. As the conceptual application was submitted and deemed complete prior to recent code changes, this application is vested under the code and design guidelines in place in March 2016. This application is submitted in conformance with the pre- application conference summary dated 20 December 2018. Conceptual and Final Commercial Design and Growth Management Quota System Reviews have been obtained that provided for one (1) 2,313 SF net livable free market residential unit, one (1) 961 SF net livable affordable housing unit, as well as the reorganization of the commercial space which resulted in 4,600 SF of total net leasable area. A building permit was recently submitted that contained a slightly modified unit size for the free market unit and a revised total commercial net leasable. The modified areas provided in the building permit were primarily attributable to having a better understanding of the constructability of the project and were achieved without any modifications to the overall footprint of the building nor the approved design of the building. Staff, following their review of the building permit, noted the minor variations in unit sizes and provided that the approvals were site specific approvals which demanded the exact unit size as stated in the approvals be included with the building permit. As the revised unit sizes are preferable to the Applicant, this Minor Amendment application seeks approval for the revised unit sizes. This application seeks to amend the site specific approvals to provide for a 2,500 SF net livable free market residential unit, as originally conceived by the Applicant, and 4,773 SF of net leasable, which resulted from a reorganization of commercial space. The affordable housing unit remains unchanged at 961 SF of net livable space, 365 SF on level one and 596 SF in the basement. Contrary to statements made by staff, the overall size and the area of the affordable housing unit on level one and the basement is unchanged from Final Commercial Design Review and from the plans included in the building permit submission. Cumulative floor area will be 7,106 SF, well under the cumulative maximum floor area potentially available of 12,000 SF and less than the previously approved 7,444 SF. Again, no modifications have been made to the overall footprint of the building nor the approved design of the building. Final Commercial Design approval provided that affordable housing mitigation of 1.73 FTEs would be required to mitigate for a 2,313 SF free market unit. With the modification of the size of the free market unit, additional mitigation will be required of .15 FTEs (2,500 SF x 30%/400=1.875 FTEs, 1.875 FTEs - 1.73 FTEs = .15 FTEs). This additional mitigation amount will be confirmed through review of the building permit. The Applicant wishes to pay this additional mitigation either through cash-in-lieu, as provided by the land use code, or through extinguishment of affordable housing credits, if credits are available. Conceptual Commercial Design approval required a replacement of the existing on-site, two bedroom affordable housing unit with a unit of no less than 900 SF. As provided for above, the replacement unit meets this required size and the configuration is unchanged from Final approval. No mitigation for the commercial space was required as the replacement commercial net leasable is less than existing commercial net leasable. P79 VI.B. Mountain Forge Building (PID# 273707328008) Minor Amendment to Site Specific Development Plan 17 January 2019 3 | Page Conceptual Commercial Design approval provided for certain height provisions for maximum height when measured from the bottom of the improved areaway on the southside of the building. During Building Permit review, it was noted that this maximum height was exceed by a few inches. This condition has been corrected and all approved height maximums have been met. Public amenity space is required to be provided through on-site and off-site improvements. The Final Commercial Design approval stipulated no less than 586 SF of on-site public amenity located along the Monarch Street façade. Also required was no less than 557 SF of public amenity space located off-site, adjacent to Hopkins Street. Total public amenity space must equal 1,143 SF. Since Final Commercial Design Approval, the public amenity space has been refined and certain requirements from the Engineering Department concerning a required 6’ width of sidewalk adjacent to Hopkins have been complied with. Current public amenity space equals 1,285 SF (594 SF onsite, and 691 SF offsite), meeting Final Commercial Design approval requirements. The Applicant has worked diligently to design a project that meets the City’s goals with respect to neighborhood compatibility and the creation of a transition from the Commercial Core to residential neighborhoods to the West. We look forward to working with staff and the Planning and Zoning Commission to correct the specific dimensional limitations to accurately reflect the intended and most efficient project parameters. P80 VI.B. Mountain Forge Building (PID# 273707328008) Minor Amendment to Site Specific Development Plan 17 January 2019 4 | Page Land Use Code Response 26.304.070. (A) (1) Applicability of land use code amendments. Applications for a site-specific development plan shall be reviewed according to the land use code in effect on the date the application was determined by the City to be complete, pursuant to Section 26.304.050(A), Determination of completeness. The application shall continue to be reviewed according to the provisions of the land use code in effect upon such date throughout the application’s period of pendency. Applications for a site-specific development plan which require multiple steps, such as “conceptual review” and “final review” or “project review” and “detailed review,” shall be reviewed according to the land use code in effect on the date the application for the initial step was determined by the City to be complete. The application shall continue to be reviewed according to the provisions of the land use code in effect upon such date throughout the application’s period of pendency. As the conceptual application was submitted and deemed complete prior to recent code changes, this application is vested under the code and design guidelines in place in March 2016. A. Amendments to Approved Site-Specific Development Plans. Amendments to an approved site- specific development plan shall be considered either minor in scope or major in scope, and shall be reviewed as follows: 1. Minor Amendments. During the period of pendency, minor amendments initiated by the applicant and amendments to an application proposed as a means to achieve compliance with city standards, review criteria, or requirements of reviewing agencies shall be reviewed under the original land use code in effect during the initial approval for the site specific development plan. Minor Amendments shall not cause a new submission date or interrupt the applicability of the land use code to the project. Unless otherwise stated in the Development Order, minor amendments to an approved site specific development plan shall continue to be reviewed according to the land use code under which the plan was approved for the period of statutory vested rights, as may be extended. Approved amendments to a previously issued Development Order shall cause issuance of a revised Development Order pursuant to Section 26.304.070.B, but shall not effect a new expiration date of the Development Order. Not applicable. The original application is not in a period of pendency as a Development Order has been issued. Unless otherwise stated in the Development Order, minor amendments to an approved site-specific development plan shall continue to be reviewed according to the land use code under which the plan was approved for the period of statutory vested rights, as may be extended. Approved amendments to a previously issued Development Order shall cause issuance of a revised Development Order pursuant to Section 26.304.070.B, but shall not effect a new expiration date of the Development Order. Staff has determined that the proposed modifications to the site-specific development plan meet the criteria for a Minor Amendment. Vested Property Rights expire on 15 February 2021. Therefore, this proposed amendment to an approved site-specific development plan are to be reviewed according to the land use code under which the plan was approved. This is the code in place in March 2016. The Applicant understands that a new Development Order will be issued and that the term of the Vested Property Rights will remain unchanged. P81 VI.B. Mountain Forge Building (PID# 273707328008) Minor Amendment to Site Specific Development Plan 17 January 2019 5 | Page 26.430.090.B. Other Amendment. B.Other amendment. Any other amendment shall be approved pursuant to the terms and procedures of this Chapter. As the proposed amendment to a site-specific development plan includes an increase in dimensional requirements and therefore not able to be considered an Insubstantial Amendment, the Applicant understands that the proposed amendments will be considered pursuant to the terms and procedures of Chapter 26.430, Special Review. P82 VI.B. EŽǀĞŵďĞƌϮϬϭϳ City of AƐpen|130 S. Galena St.|(970) 920 50ϵ0 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT LAND USE APPLICATION WƌŽũĞĐƚEĂŵĞĂŶĚĚĚƌĞƐƐ:_________________________________________________________________________ Parcel ID # (REQUIRED) ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ APPLICANT: Name:______________________________________________________________________________________________ Address: _______________________________________________________________________________________________ Phone #: ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺĞŵĂŝů͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ REPRESENTIVATIVE: Name: _________________________________________________________________________________________________ Address:________________________________________________________________________________________________ Phone#: ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺĞŵĂŝů͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ ĞƐĐƌŝƉƚŝŽŶ: džŝƐƚŝŶŐĂŶĚWƌŽƉŽƐĞĚŽŶĚŝƚŝŽŶƐ ZĞǀŝĞǁ: ĚŵŝŶŝƐƚƌĂƚŝǀĞŽƌŽĂƌĚZĞǀŝĞǁ Have you ŝŶĐůƵĚĞĚ the following?FEES DUE: $ ______________ Pre-Application Conference Summary Signed Fee Agreement ,KŽŵƉůŝĂŶĐĞĨŽƌŵ ůůŝƚĞŵƐůŝƐƚĞĚŝŶĐŚĞĐŬůŝƐƚŽŶWƌĞƉƉůŝĐĂƚŝŽŶŽŶĨĞƌĞŶĐĞ^ƵŵŵĂƌLJ ZĞƋƵŝƌĞĚ>ĂŶĚhƐĞZĞǀŝĞǁ;ƐͿ: 'ƌŽǁƚŚDĂŶĂŐĞŵĞŶƚYƵŽƚĂ^LJƐƚĞŵ;'DY^ͿƌĞƋƵŝƌĞĚĨŝĞůĚƐ͗ EĞƚ>ĞĂƐĂďůĞƐƋƵĂƌĞĨŽŽƚĂŐĞͺͺͺͺͺͺͺͺͺ>ŽĚŐĞWŝůůŽǁƐͺͺͺͺͺͺ&ƌĞĞDĂƌŬĞƚĚǁĞůůŝŶŐƵŶŝƚƐͺͺͺͺͺͺ ĨĨŽƌĚĂďůĞ,ŽƵƐŝŶŐĚǁĞůůŝŶŐƵŶŝƚƐͺͺͺͺͺƐƐĞŶƚŝĂůWƵďůŝĐ&ĂĐŝůŝƚLJƐƋƵĂƌĞĨŽŽƚĂŐĞͺͺͺͺͺͺͺͺ Mountain Forge 230 E. Hopkins Avenue, Aspen, Colorado 273707328008 360 Hexagon LLC 119 Hyslop Road, Brookine, MA 02445 617-549-6675 sedgerley@hexagon-properties.com Stan Clauson Associates, Inc. 412 N. MIll Street, Aspen, CO 81611 970-925-2323 patrick@scaplanning.com The Mountain Forge Building was once the studio of Francis Whitaker. The subject site is a 6,000 SF parcel located at 230 East Hopkins. The Property lies within the Mixed-Use (MU) zone district and is located in the western Central Mixed Use Character Area. The proposed project will remodel the existing Mountain Forge Building, provide one new free-market residential units, one affordable housing unit, and reorganize the commercial space. 3,250 P83 VI.B. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT EŽǀĞŵďĞƌϮϬϭϳ City of AƐpen|130 S. Galena St.|(970) 920 50ϵ0 DIMENSIONAL REQUIREMENTS FORM ProjectĂŶĚ>ŽĐĂƚŝŽŶ __________________________________________________________________ͺͺ Applicant: ____________________________________________________________________________ 'ƌŽƐƐ>ŽƚƌĞĂ͗ͺͺͺͺͺͺͺͺͺͺŽŶĞŽŶĞŝƐƚƌŝĐƚ͗ͺͺͺͺͺͺͺEĞƚ>ŽƚƌĞĂ͗ͺͺͺͺͺͺͺͺͺͺ WůĞĂƐĞĨŝůůŽƵƚĂůůƌĞůĞǀĂŶƚĚŝŵĞŶƐŝŽŶƐ ^ŝŶŐůĞ&ĂŵŝůLJĂŶĚƵƉůĞdžZĞƐŝĚĞŶƚŝĂů džŝƐƚŝŶŐůůŽǁĞĚWƌŽƉŽƐĞĚ ϭͿ&ůŽŽƌƌĞĂ;ƐƋƵĂƌĞĨĞĞƚͿ ϮͿDĂdžŝŵƵŵ,ĞŝŐŚƚ ϯͿ&ƌŽŶƚ^ĞƚďĂĐŬ ϰͿZĞĂƌ^ĞƚďĂĐŬ ϱͿ^ŝĚĞ^ĞƚďĂĐŬƐ ϲͿŽŵďŝŶĞĚ^ŝĚĞ^ĞƚďĂĐŬƐ ϳͿй^ŝƚĞŽǀĞƌĂŐĞ ϴͿDŝŶŝŵƵŵĚŝƐƚĂŶĐĞďĞƚǁĞĞŶďƵŝůĚŝŶŐƐ WƌŽƉŽƐĞĚйŽĨĚĞŵŽůŝƚŝŽŶͺͺͺͺͺͺ ŽŵŵĞƌĐŝĂů WƌŽƉŽƐĞĚhƐĞ;ƐͿͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ džŝƐƚŝŶŐůůŽǁĞĚWƌŽƉŽƐĞĚ ϭͿ&Z;&ůŽŽƌƌĞĂZĂƚŝŽͿ ϮͿ&ůŽŽƌƌĞĂ;ƐƋƵĂƌĞĨĞĞƚͿ ϯͿDĂdžŝŵƵŵ,ĞŝŐŚƚ ϰͿKĨĨͲ^ƚƌĞĞƚWĂƌŬŝŶŐ^ƉĂĐĞƐ ϱͿ^ĞĐŽŶĚdŝĞƌ;ƐƋƵĂƌĞĨĞĞƚͿ ϲͿWĞĚĞƐƚƌŝĂŶŵĞŶŝƚLJ;ƐƋƵĂƌĞĨĞĞƚͿ WƌŽƉŽƐĞĚйŽĨĚĞŵŽůŝƚŝŽŶͺͺͺͺͺͺ džŝƐƚŝŶŐŶŽŶͲĐŽŶĨŽƌŵŝƚŝĞƐŽƌĞŶĐƌŽĂĐŚŵĞŶƚƐ͗ sĂƌŝĂƚŝŽŶƐƌĞƋƵĞƐƚĞĚ͗ ΎΎWůĞĂƐĞƌĞĨĞƌƚŽƐĞĐƚŝŽŶϮϲ͘ϱϳϱ͘ϬϮϬĨŽƌŝŶĨŽƌŵĂƚŝŽŶŽŶŚŽǁƚŽĐĂůĐƵůĂƚĞEĞƚ>ŽƚƌĞĂ DƵůƚŝͲĨĂŵŝůLJZĞƐŝĚĞŶƚŝĂů džŝƐƚŝŶŐůůŽǁĞĚWƌŽƉŽƐĞĚ ϭͿ EƵŵďĞƌŽĨhŶŝƚƐ ϮͿ WĂƌĐĞůĞŶƐŝƚLJ;ƐĞĞϮϲ͘ϳϭϬ͘ϬϵϬ͘͘ϭϬͿ ϯͿ &Z;&ůŽŽƌƌĞĂZĂƚŝŽͿ ϰͿ &ůŽŽƌƌĞĂ;ƐƋƵĂƌĞĨĞĞƚͿ ϰͿ DĂdžŝŵƵŵ,ĞŝŐŚƚ ϱͿ &ƌŽŶƚ^ĞƚďĂĐŬ ϲͿ ZĞĂƌ^ĞƚďĂĐŬ ϳͿ ^ŝĚĞ^ĞƚďĂĐŬƐ WƌŽƉŽƐĞĚйŽĨĚĞŵŽůŝƚŝŽŶͺͺͺͺͺͺ >ŽĚŐĞ ĚĚŝƚŝŽŶĂůhƐĞ;ƐͿͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ džŝƐƚŝŶŐůůŽǁĞĚWƌŽƉŽƐĞĚ ϭͿ &Z;&ůŽŽƌƌĞĂZĂƚŝŽͿ ϮͿ &ůŽŽƌƌĞĂ;ƐƋƵĂƌĞĨĞĞƚͿ ϯͿ DĂdžŝŵƵŵ,ĞŝŐŚƚ ϰͿ &ƌĞĞDĂƌŬĞƚZĞƐŝĚĞŶƚŝĂů;ƐƋƵĂƌĞĨĞĞƚͿ ϰͿ &ƌŽŶƚƐĞƚďĂĐŬ ϱͿ ZĞĂƌƐĞƚďĂĐŬ ϲͿ ^ŝĚĞƐĞƚďĂĐŬƐ ϳͿ KĨĨͲ^ƚƌĞĞƚWĂƌŬŝŶŐ^ƉĂĐĞƐ ϴͿ WĞĚĞƐƚƌŝĂŶŵĞŶŝƚLJ;ƐƋƵĂƌĞĨĞĞƚͿ WƌŽƉŽƐĞĚйŽĨĚĞŵŽůŝƚŝŽŶͺͺͺͺͺͺ ŽŵƉůĞƚĞŽŶůLJŝĨƌĞƋƵŝƌĞĚďLJƚŚĞWƌĞƉƉůŝĐĂƚŝŽŶĐŚĞĐŬůŝƐƚ Mountain Forge 230 E. Hopkins Avenue, Aspen, Colorado 360 Hexagon LLC Mixed-Use (MU)6,000 SF 6,000 SF Previously approved features of the building: exterior stair, sunken areaway, building entrance, and massing located within a setback. 792 SF 12,000 SF 3,682 SF 25-28’ 32’ 28’ 66% n/a 75% 0’ 10’ 0’ 5’ 5’ 5’ 39% of existing building 5,917 SF 12,000 SF 5,677 SF 4,892 SF 1 2 0’0’ 39% of existing building 25-28’ 32’ 28’ 2 spaces n/a .5:1 FM residential .75:1 FM n/a 1252.9 SF P84 VI.B. Mountain Forge Building (PID #273707328008) Final Commercial Design Review November 2017 Vicinity Map Subject Property 11 January 2019 P85 VI.B. 1/9/2019 Parcel Detail http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R001432 1/1 Pitkin County Assessor Parcel Detail Information Assessor Property Search | Assessor Subset Query | Assessor Sales Search Clerk & Recorder Reception Search | Treasurer Tax Search Search GIS Map | GIS Help Basic Building Characteristics | Value Summary Parcel Detail | Value Detail | Sales Detail | Residential/Commercial Improvement Detail Owner Detail | Land Detail | Photographs Tax Area Account Number Parcel Number Property Type 2018 Mill Levy 001 R001432 273707328008 COMM/HOUSING AUTH 36.047 Primary Owner Name and Address 360 HEXAGON LLC 9401 INDIAN CREEK PKWY STE 800 OVERLAND PARK, KS 66210 Additional Owner Detail Legal Description Subdivision: 220 & 230 E HOPKINS AVE/117 S MONARCH ST MINOR SUB ADJ PARCEL A Location Physical Address: 230 E HOPKINS AVE ASPEN Subdivision: 220 & 230 E HOPKINS AVE/117 S MONARCH ST Land Acres: 0.000 Land Sq Ft: 6,000 2018 Property Value Summary Actual Value Assessed Value Land: 5,230,000 1,494,900 Improvements: 2,624,500 739,310 Total: 7,854,500 2,234,210 Sale Date: 7/11/2017 Sale Price: 11,275,000 Additional Sales Detail Basic Building Characteristics Number of Residential Buildings: 1 Number of Comm/Ind Buildings: 1 Residential Building Occurrence 0 Characteristics 2ND FLOOR: 880 Total Heated Area: 880 Property Class: SINGLE FAM RES-IMPROVEMEN Actual Year Built: 1963 Effective Year Built: 1990 Bedrooms: 2 Baths: 1 Quality of Construction: AVERAGE Exterior Wall: WOOD SD GO Interior Wall: DRYWALL Floor: CARPET Heat Type: FORCED AIR Heating Fuel: GAS Roof Cover: METAL Roof Structure: GABLE/HIP Neighborhood: COMM. CORE ASPEN RESIDENTIAL Super Nbhd: 3011 Commercial/Industrial Building Occurrence 0 Characteristics OFFICE BASEMENT FINISHED: 1,542 OFFICE SECOND FLOOR: 3,575 OFFICE SECOND/THIRD: 1,823 Total Area: 6,940 Property Class: OFFICES-IMPROVEMENTS Actual Year Built: 1963 Effective Year Built: 1990 Quality of Construction: GOOD-BASE Exterior Wall: GOOD BASE Interior Wall: GOOD-BASE Neighborhood: COA COMMERCIAL "C" Top of Page Assessor Database Search Options Assessor Home Page Pitkin County Home Page The Pitkin County Assessor's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor's Offices are unable to warrant any of the information herein contained. Copyright © 2003 - 2015 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. P86 VI.B. �. u uii ,, COMM. MEC..------ 75 SF GROSS x18% 14SF COMM.#5 140 SF GROSS x18% 25 SF � COMM.#4 1,495 SF GROSS x18% 148SF COURTYARD NON-UNIT SPACE 200 SF DECK (EXEMPT) 280 SF 18'-3" 84'-7" -----------------------;-Ii -<z> PROPOSED 1111 1111 66'-5" BASEMENT FLOOR PLAN SCALE: 3/32" = 1'-0" / NON-UNIT SPACE 700SF GROSS x18% 126SF COMM.#6 590 SF x18% 107 SF COMM.MECH 160SF x18% 29SF AHU 694SF x18% 125SF LEGEND COMMERCIAL RESIDENTIAL SPACE NON-UNIT SPACE DECK AREA> 30" ABOVE GRADE AFFORDABLE HOUSING UNIT COMM.#8 WALL(D 200SF STAIR 145SF COMM. #7 400SF WAU.@ COMM.#3 710 SF COMM.#2 360 SF NON-UNIT SPACE 670 SF COMM.#1 1,460 SF I ',WALL AREA 697SF ' 65'-3 3/4" WALL@ PROPOSED LEVEL ONE FLOOR PLAN SCALE: 3/32" = 1'-0" r:1 2'-1" _,,....,,_ WALL@ WALL AREA 198SF l 18'-7" 1 WALL AREA 24SF EXPOSED � WALL@ WALL AREA 490SF l 46'-7 3/4" 1 RES. GARA GE 358 SF -500 SF (500 EXEMPT) 0 SF AHU 398 SF 11: ,j WALL AREA 199SF COMM. MECH. 87 SF H--;:'. 16SF :;er WALL(!) � 60SF WALL AREA 616SF [WACC :1 WALL AREA [w,u. 26SF � ;·-2; / 6'-4 1/2- ✓ :1WALLAREA 74SF RESIDENCE 2,625 SF PROPOSED LEVEL TWO FLOOR PLAN SCALE: 3/32" = 1 '-0" CODE SUMMARY: CALCULATION SUMMARY: CITY OF ASPEN LAND USE CODE SECTION 26.575.020 CAL CUL.A TIONS AND MEASUREMENTS. MEASURING FLOOR AREA. ZONING DISTRICT MIXED USE (MU) IN MEASURING FLOOR AREAS FOR FLOOR AREA RATIO AND ALLOWABLE FLOOR AREA, THE FOLLOWING APPLIES: CURRENT USES OFFICE/RESIDENTIAL GENERAL. FLOOR AREA SHALL BE ATTRIBUTED TO THE LOT OR PARCEL UPON WHICH IT IS DEVELOPED. IN MEASURING 6,000 SF NET LOT AREA (A) A BUILDING FOR THE PURPOSES OF CALCULATING FLOOR AREA RATIO AND ALLOWABLE FLOOR AREA, THERE SHALL BE GROSS LOT AREA (A) 6,000 SF INCLUDED ALL AREAS WITHIN THE SURROUNDING EXTERIOR WALLS OF THE BUILDING OR POTION THEREOF. THEN MEASURING FROM THE EXTERIOR WALLS, THE MEASUREMENT SHALL BE TAKEN FROM THE EXTERIOR FACE OF ALLOWABLE FLOOR AREA 12,000 SF (2:1) FRAMING, EXTERIOR FACE OF STRUCTURAL BLOCK, EXTERIOR FACE OF STRAW BALE, OR SIMILAR EXTERIOR SURFACE COMMERCIAL AREA 4,500 SF (.75:1) OF THE NOMINAL STRUCTURE EXCLUDING SHEATHING, VAPOR BARRIER, WEATHERPROOFING MEMBRANE, FREE MARKET HOUSING 3,000 SF (.5:1) EXTERIOR-MOUNTED INSULATION SYSTEMS, AND EXCLUDING ALL EXTERIOR VENEER AND SURFACE TREATMENTS AFFORDABLE HOUSING REMAINDER OF 12,000 SF ALLOWABLE SUCH AS STONE, STUCCO, BRICKS, SHINGLES, CLAPBOARDS OR OTHER SIMILAR EXTERIOR VENEER TREATMENTS. DIMENSIONAL REQUIREMENTS: 3,000 SF MIN. GROSS LOT AREA 30" MIN.LOT WIDTH 10" MIN. FRONT YARD SETBACK 5" MIN. SIDE YARD SETBACK 5" MIN. REAR YARD SETBACK 28" MAX. HEIGHT 10" MIN. DISTANCE BETWEEN BUILDINGS DECK (EXEMPT) 105SF 18'-11 3/4" / / 011�::�REA �' 76SF ' �--� � WALL@ WALL AREA 83SF 29'-5 1/2" PROPOSED GROSS AREAS: IB 2,;: SF LEVEL TWO -RESIDENCE SF LEVEL ONE -AHLI O'. 694 SF BASEMENT -AHLI 1,460 SF LEVEL ONE -COMM. #1 360 SF LEVEL ONE -COMM. #2 � 1.��� SF LEVEL ONE -COMM. #3 SF BASEMENT -COMM. #4 0 140 SF BASEMENT -COMM. #5 (.) 590 SF BASEMENT -COMM. #6 400 SF LEVEL TWO -COMM. #7 200 SF LEVEL TWO -COMM. #8 75 SF MECHANICAL -COMM. 160 SF MECHANICAL -COMM. +87 SF MECHANICAL -COMM. 9,359 SF TOTAL GROSS AREA PROPOSED TOTAL RESIDENTIAL: 3,682 SF TOTAL COMMERCIAL: 5,677 SF WALL AREA 157SF 58'-7 3/4" It EXPOSED w";'.� ��EA DwAccO / /� I 51 SF WALL AREA 51 SF 14•-o· l 4"-5 314• ,,L' ----�,.-. -/------/- SUB-GRADE WALL SUMMARY: WALL# WALL AREA EXPOSED AREA WALL 1 ---6-97 SF 0 SF WALL 2 24 SF 0 SF WALL 3 198 SF 0 SF WALL 4 490 SF 0 SF WALL 5 199 SF 0 SF WALL 6 16 SF 0 SF WALL? 61 6 SF 60 SF WALLS 26 SF 0 SF WALL 9 74 SF 0 SF WALL10 76 SF 76 SF WALL11 157 SF 140 SF WALL12 159 SF 142 SF WALL13 51 SF 51 SF WALL14 +334 SF +66 SF TOTALS 3117 SF 535 SF 535 SF EXPOSED /3,117 SF WALL AREA= 18% OF SUB GRADE BASEMENT WILL COUNT TOWARD FLOOR AREA. PROPOSED FLOOR AREA CALCULATION: PERCENT AGE OF USAGE: OVERALL FLOOR AREA REMAINING: 5,677 SF COMMERCIAL 61% 12,000 SF ALLOWABLE FLOOR AREA 200 SF LEVEL TWO -COMM. #8 �§E RESIDENTIAL 39% :..L1Q§. SF PROPOSED FLOOR AREA 400 SF LEVEL TWO -COMM. #7 9,359 SF TOTAL GROSS AREA 100% 4,894 SF FLOOR AREA REMAINING 87 SF LEVEL TWO -COMM. MECH. 1,460 SF LEVEL ONE -COMM. #1 COMMERCIAL FLOOR AREA REMAINING: 360 SF LEVEL ONE -COMM. #2 4,500 SF ALLOWABLE FLOOR AREA 71 0 SF LEVEL ONE -COMM. #3 :..±i.111 §E PROPOSED FLOOR AREA 148 SF BASEMENT -COMM. #4 NON-UNIT SPACE: 386 SF FLOOR AREA REMAINING 25 SF BASEMENT -COMM. #5 145 SF LEVEL TWO 107 SF BASEMENT -COMM. #6 670 SF LEVEL ONE RESIDENTIAL FLOOR AREA REMAINING: 14 SF BASEMENT -COMM. MECH. +126 SF BASEMENT 3,000 SF ALLOWABLE FLOOR AREA +29 SF BASEMENT -COMM. MECH. 941 SF TOTAL � §E PROPOSED FLOOR AREA 3,540 SF SUBTOTAL 8 SF FLOOR AREA REMAINING 941 SF NON-UNIT SPACE +574 SF COMM. -NON UNIT 4,114 SF COMM. -FLOOR AREA x61% SF COMM. - % OF USAGE AHLI FLOOR AREA REMAINING: � SF COMM. -NON-UNIT SPACE 4,556 SF ALLOWABLE FLOOR AREA 941 SF NON-UNIT SPACE � §f. PROPOSED FLOOR AREA 2,625 SF LEVEL TWO -RESIDENCE x39% SF RES. - % OF USAGE 3,491 SF FLOOR AREA REMAINING +367 SF RES. -NON UNIT � SF RES. -NON-UNIT SPACE 2,992 SF RES. -FLOOR AREA 7,106 SF TOTAL-FLOOR AREA --....r-...-row I and+ broug hton architecture I urban design I interior design 234 e hopkins ave aspen, co 81611 970.544.9006 o 970.544.3473 f Issue: 11.16.2017 P+Z FINAL HEARING 11.21.2017 1830 blake st, ste 200 denver, co 80202 303.308.13730 303.308.1375f FURNITURE PLAN OPTIONS 12.06.2017 COORDINATION 05.16.2018 COORDINATION 06.01.2018 REVIEW 07.12.2018 COORDINATION 08.02.2018 CONSTRUCTION DOCUMENTS 08.28.2018 80% PRICING 11.04.2018 LEASE EXHIBIT 11.13.2018 POOUSPA COORDINATION 12.14.2018 REVISED BACKGROUNDS Revision: MTN FORGE RENOVATION AND ADDITION 230-234 E. HOPKINS AVENUE ASPEN, CO 81611 PROJECT NO: 21718 DWG FILE: 21718_A0-2z.dwg SHEET TITLE PROPOSED FLOOR AREA CALCULATIONS SCALE: 3/32"=1 '-0" A0.2z oomKKT:0,10ft-.....1><-IIIOIJGIIT'CINAftCHIT'ECTIJ""""DUft"""D ... W THo:""°""'T<Nl'KJDDIGl<INTINTCONT,...EDON Tinooo.M""1"IO THo:F'IKJPERTYOl'�r«J-)U<atm"'A"°"TOCTURIIANCLJl<IIAN °""""'·"°PN<fOO..,..._°"'""TION .... TNU5EWfTOOJT"THt:""'°" w•rrro• "'""'55IOl<""""""--""'""""uG1m"'·•••cHncn-•NCU1UW< DESION.1¥JWlANl•llROUGHTONARCHTEClUREl'KJ"""""DE•IGN&fW.l. .. TAll<...._OOM..,,.U.WSTATIJTIJl<Y_,OTHO!ft"'"""'Dl<IGH'f .. INCI..LJ<W«>COPYFOG><TTI<•...-r<> P87VI.B. P88 VI.B. P89 VI.B. P90 VI.B. P91 VI.B. Land Title Guarantee Company Customer Distribution PREVENT FRAUD - Please remember to call a member of our closing team when initiating a wire transfer or providing wiring instructions. Order Number:BAR62010050 Date: 01/11/2019 Property Address:230 E HOPKINS AVE, ASPEN, CO 81611 PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS For Closing Assistance For Title Assistance Roaring Fork Valley Title Team 200 BASALT CENTER CIRCLE BASALT, CO 81621 (970) 927-0405 (Work) (970) 925-0610 (Work Fax) valleyresponse@ltgc.com Seller/Owner 360 HEXAGON LLC Delivered via: Electronic Mail Agent for Seller STAN CLAUSON ASSOCIATES, INC Attention: PATRICK RAWLEY 412 NORTH MILL ST ASPEN, CO 81611 (970) 925-2323 (Work) patrick@scaplanning.com heather@scaplanning.com Delivered via: Electronic Mail P92 VI.B. Land Title Guarantee Company Estimate of Title Fees Order Number:BAR62010050 Date: 01/11/2019 Property Address:230 E HOPKINS AVE, ASPEN, CO 81611 Parties: 360 HEXAGON LLC, A MASSACHUSETTS LIMITED LIABILITY COMPANY Visit Land Title's Website at www.ltgc.com for directions to any of our offices. Estimate of Title insurance Fees "TBD" Commitment $216.00 Total $216.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Thank you for your order! Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal assistance in order to fully understand and be aware of the implications of the effect of these documents on your property. Chain of Title Documents: Pitkin county recorded 07/13/2017 under reception no. 639867 Plat Map(s): Pitkin county recorded 03/31/2016 under reception no. 628211 P93 VI.B. Copyright 2006-2019 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Property Address: 230 E HOPKINS AVE, ASPEN, CO 81611 1.Effective Date: 12/19/2018 at 5:00 P.M. 2.Policy to be Issued and Proposed Insured: "TBD" Commitment Proposed Insured: $0.00 3.The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4.Title to the estate or interest covered herein is at the effective date hereof vested in: 360 HEXAGON LLC, A MASSACHUSETTS LIMITED LIABILITY COMPANY 5.The Land referred to in this Commitment is described as follows: PARCEL A,​ 220 E. HOPKINS AVENUE & 230 E. HOPKINS AVENUE/117 S. MONARCH STREET MINOR SUBDIVISION- BOUNDARY ADJUSTMENT PLAT, RECORDED MARCH 31, 2016 UNDER RECEPTION NO. 628211​ COUNTY OF PITKIN​ STATE OF COLORADO. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:BAR62010050 P94 VI.B. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: BAR62010050 All of the following Requirements must be met: This proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. P95 VI.B. This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. 1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authoriz ing the issuance thereof; (c) water rights, claims or title to water. 8.EXISTING LEASES AND TENANCIES. 9.RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEED FROM THE CITY OF ASPEN RECORDED DECEMBER 23, 1897 IN BOOK 59 AT PAGE 204 PROVIDING AS FOLLOWS: THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS. 10.COVENANTS RUNNING WITH THE LAND RECORDED IN MAY 31, 1983 IN BOOK 445, PAGE 970. BUT OM ITTING ANY COVENANTS OR RESTRICTIONS IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT(S) IS EXEM PT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS AND CLARIFICATION OF COVENANTS RECORDED M AY 24, 2007 UNDER RECEPTION NO. 538255. 11.EASEM ENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF 220 E. HOPKINS AVENUE & 230 E. HOPKINS AVENUE/117 S. MONARCH STREET MINOR SUBDIVISION-BOUNDARY ADJ USTMENT PLAT RECORDED M ARCH 31, 2016 UNDER RECEPTION NO. 628211. 12.TERM S, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMM ISSION RECORDED AUGUST 04, 2016 UNDER RECEPTION NO. 631177. A LTA C OMMITMEN T Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: BAR62010050 P96 VI.B. 13.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN DEED AND ASSIGNMENT OF HISTORIC TRANSFERABLE DEVELOPMENT RIGHT CERTIFICATE RECORDED OCTOBER 11, 2017 AS RECEPTION NO. 642175. 14.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF RESOLUTION NO. 1, SERIES OF 2018 OF THE ASPEN PLANNING AND ZONING COMMISSION RECORDED MARCH 5, 2018 AS RECEPTION NO. 645635. 15.ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON OF THE FOLLOWING FACTS SHOWN ON IMPROVEMENT SURVEY PLAT DATED MAY 17, 2017, CERTIFIED JUNE 22, 2017, PREPARED BY TUTTLE SURVEYING SERVICES: WOODEN SHED EXTENDS ONTO THE PROPERTY ADJACENT TO THE WEST. SAID SURVEY STORED AS OUR ESI 33474999 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: BAR62010050 P97 VI.B. LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: The Subject real property may be located in a special taxing district.(A) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property). (B) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. (C) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. (A) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. (B) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. (C) The Company must receive payment of the appropriate premium.(D) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. (E) P98 VI.B. This notice applies to owner's polic y c omm itm ents disclos ing that a m ineral estate has been severed from the s urface es tate, in Schedule B-2. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, inc omplete, or m isleading facts or information to an insuranc e c ompany for the purpose of defrauding or attempting to defraud the com pany . Penalties may include im pris onment, fines , denial of insuranc e, and c ivil dam ages . Any insuranc e c ompany or agent of an insuranc e c ompany who k nowingly prov ides fals e, incom plete, or mis leading fac ts or inform ation to a policyholder or c laimant for the purpose of defrauding or attempting to defraud the policyholder or c laimant with regard to a settlement or award pay able from insuranc e proceeds shall be reported to the Colorado Div ision of Ins urance within the Department of Regulatory Agenc ies. Note: Pursuant to Colorado Div ision of Ins urance Regulations 8-1-3, notice is hereby giv en of the av ailability of a clos ing protection letter for the lender, purc has er, les s ee or seller in connection with this trans ac tion. That there is rec orded evidenc e that a mineral es tate has been s ev ered, leas ed, or otherwis e c onv ey ed from the s urface estate and that there is substantial likelihood that a third party holds som e or all interest in oil, gas , other minerals , or geothermal energy in the property ; and (A) That such m ineral estate m ay include the right to enter and use the property without the surfac e owner's permis s ion.(B) P99 VI.B. JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; your transactions with, or from the services being performed by us, our affiliates, or others; a consumer reporting agency, if such information is provided to us in connection with your transaction; and The public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. We regularly assess security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. P100 VI.B. Commitment For Title Insurance Issued by Old Republic National Title Insurance Corporation NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. . COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance Company, a Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS 2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Comitment terminates and the Company’s liability and obligation end. 3. The Company’s liability and obligation is limited by and this Commitment is not valid without: 4. COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY i. comply with the Schedule B, Part I—Requirements; ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or iii. acquire the Title or create the Mortgage covered by this Commitment. “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a) “Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (b) “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c ) “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (d) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e) “Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (f) “Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (g) “Title”: The estate or interest described in Schedule A.(h) the Notice;(a) the Commitment to Issue Policy;(b) the Commitment Conditions;(c ) Schedule A;(d) Schedule B, Part I—Requirements; and(e) Schedule B, Part II—Exceptions; and(f) a counter-signature by the Company or its issuing agent that may be in electronic form.(g) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: (a) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (b) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (c ) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (d) P101 VI.B. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 President Old Republic National Title Insurance Company, a Stock Company 400 Second Avenue South Minneapolis, Minnesota 55401 (612)371-1111 Mark Bilbrey, President Rande Yeager, Secretary This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Land Title Insurance Corporation. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. The Company shall not be liable for the content of the Transaction Identification Data, if any.(e) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. (f) In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (c ) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (d) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.(f) P102 VI.B. P103 VI.B. 56017909.248CK TS MONARCHN 14°50'49" E 38.49'S 76°03'09" E0.75'S 75°09'11" E0.52'N 14°45'47" E 44.08'N 14°34'19" E17.42'S 75°09'11" E 59.25'S 14°50'49" W 100.00'N 75°09'08" W 60.37'GGGGGGGGGGGGGGGGGG G G G G G TTTTTTTTTTTT TTTTTTCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTV CTVCTVCTVCTVCTVCTVTTTTCTVCTVCTVCTVCTVEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-U E EX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UE EX-UEEX-UEEX-UEEX-UEEX-UE EX-UE EX-UE EX-UE EX-UEEX-UEEX-UEEX-UEEX-UECTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVTTTTTTTTTTTTTTSSSSSSSSSSSSSSSSSSSSSSSSSSSSWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWGEX P41.60'6.80'5.30'2.50'14.50'13.70'4.20'7.90'4.20'6.70'14.70'3.50'0.70'13.80'0.70'3.50'61.40'27.10'14.70'26.30'0.1'0'7.1'23.8'ALLEY20.81' R-O-WASPHALTALLEY20.81' R-O-WASPHALTSOUTH MONARCH STREET74.97' R-O-WASPHALTEAST HOPKINS AVENUE75.00' R-O-WASPHALTPARCEL A6,000 S.F.±TWO STORY WOODFRAME BUILDINGWITH BASEMENT230/234 EAST HOPKINS AVENUE117 SOUTH MONARCH STREETP.K. NAIL IN ASPH.TBM EL=7906.73'P.K. NAIL INASPH. 0.73'W.C.7907.23'PARCEL BJONATHAN & KAREN JAFFE220 E. HOPKINS AVE.FENCEUPPER LEVELDECKLIGHTPOLEWATERSERVICECONCRETE SIDEWALKSTONEWALKCONCRETESIDEWALKCONCRETE RET. WALL (TYP.)COLUMNDRAIN7896.38'CANTILEVERCANTILEVERDRAIN7896.42'CONCRETESIDEWALKCONCRETE RET. WALL (TYP.)STEPSCONCRETE SIDEWALKCONCRETE SIDEWALKPAIDPARKINGSTA.LIGHTPOLECONCRETE CURB & GUTTERCONCRETE CURB & GUTTERELECTRIC LINEELECTRIC LINEWATERLINEWATERLINEWATERLINEWATERLINEWATERLINEELECTRIC LINEELECTRIC LINEP.K. NAIL IN BUILDINGBEARS N15°17'06"E 1.41'LOWER LEVELCONCRETEUPPER LEVEL DECKCANTILEVERSHEDFENCEFIREHYD.SIGNSIGNBRASS PLUGL.S. #37935TO BE SETCONCRETE CURB & GUTTERCOVEREDLANDINGSTEPSDRAIN7896.39'4"ØBOLLARDASPHALTPARKINGASPHALTPARKINGADJOINER BUILDINGADJOINER BUILDINGGAS METERELECMETER4"ØBOLLARDELEC.TRANS.COLUMNELECTRIC LINETELEPHONE LINECABLE TV LINETELE.PED.CATVPED.BUILDINGTELE.PED.#5 REBAR & CAPL.S. #29030GASLINESEWER LINEELECTRICLINECABLE TV LINETELEPHONE LINEELECTRIC LINEGASLINECABLE TV LINEWER LINELOTS F, G, H & I, BLOCK 74MONARCH BUILDING, LLC.231 E. MAIN ST.CLEAN-OUTWATERVALVEWATERVALVECOLUMN7907.5'F.F.7907.73'F.F.7919.40'RIDGE7931.0'7907.5'F.F.7896.95'7907.6'RIDGE7938.1'RIDGE7938.1'7896.5'RIDGE7926.8'F.F.7896.8'F.F.7908.3'RIDGE 7919.5'GRND 7907.8'RIDGE7938.2'T1T2T3T4T5T6T7T8T9MATCHLINE5.5'X8.0' MULTIPURPOSE EASEMENTPER BK 314 PG 466S71°40'37"E 728.35'C.O.A. GPSMONUMENT #6N77°13'09"W 605.10'MTN VI E W P L A N E 7 9 4 6. 9 0' MTN VIE W P L A N E 7936.90' MTN VI E W PL A N E 7956.90'5'5'BUILDING SETBACK PER ZONING (MU)BUILDING SETBACK PER ZONING (MU)BUILDING SETBACK PER ZONING (MU)BUILDING SETBACKPER ZONING (MU)10'5'F.F.7908.14'NOTICE: ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTIONBASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRSTDISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT INTHIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THECERTIFICATION SHOWN HEREON.P.O. Box 1746Rifle, CO 81650Phone (970) 625-1954Fax (970) 579-7150www.peaksurveyinginc.comSN W E Peak Surveying, Inc.Since 2007 IMPROVEMENT SURVEY STATEMENTI HEREBY STATE THAT THIS IMPROVEMENT SURVEY WAS PREPARED BY PEAK SURVEYING, INC. FOR 360HEXAGON, LLC.I FURTHER STATE THAT THE IMPROVEMENTS ON THE ABOVE DESCRIBED PARCEL ON THIS DATE, MAY 22, 2018,EXCEPT UTILITY CONNECTIONS, ARE ENTIRELY WITHIN THE BOUNDARIES OF THE PARCEL, EXCEPT AS SHOWN,THAT THERE ARE NO ENCROACHMENTS UPON THE DESCRIBED PREMISES BY IMPROVEMENTS ON ANY ADJOININGPREMISES, EXCEPT AS INDICATED, AND THAT THERE IS NO APPARENT EVIDENCE OR SIGN OF ANY EASEMENTCROSSING OR BURDENING ANY PART OF SAID PARCEL, EXCEPT AS NOTED. I FURTHER STATE THAT I HAVEEXAMINED THE TITLE COMMITMENT PREPARED BY LAND TITLE GUARANTEE COMPANY, ORDER NO.ABC64001442-12, DATED EFFECTIVE JUNE 26, 2017 AND FIND ALL EXCEPTIONS TO TITLE THAT AFFECT THE SUBJECTPROPERTY ARE SHOWN HEREON TO THE BEST OF MY KNOWLEDGE AND BELIEF. ERROR IN CLOSURE FOR THISSURVEY IS LESS THAN 1:15,000.BY:___________________________________ JASON R. NEIL, P.L.S. NO. 37935IMPROVEMENT SURVEY PLAT & TOPOGRAPHIC SURVEY PARCEL A, 220 E. HOPKINS AVENUE & 230 E. HOPKINS AVE/117 S. MONARCHSTREET MINOR SUBDIVISION - BOUNDARY ADJUSTMENT,ACCORDING TO THE PLAT RECORDED MARCH 31, 2016 INPLAT BOOK 114 AT PAGE 36 AS RECEPTION NO. 628211CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADOPROPERTY DESCRIPTIONPARCEL A, 220 E. HOPKINS AVENUE & 230 E. HOPKINS AVE/117 S. MONARCH STREET MINOR SUBDIVISION -BOUNDARY ADJUSTMENT PLAT, RECORDED MARCH 31, 2016 IN PLAT BOOK 114 AT PAGE 36 AS RECEPTION NO.628211, CITY OF ASPEN. COUNTY OF PITKIN, STATE OF COLORADO.NOTES:1) THIS PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICTIONS, COVENANTS, BUILDING SETBACKS ANDEASEMENTS OF RECORD, OR IN PLACE AND EXCEPTIONS TO TITLE SHOWN IN THE TITLE COMMITMENTPREPARED BY LAND TITLE GUARANTEE COMPANY, ORDER NO. ABC64001442-12, DATED EFFECTIVE JUNE 26, 2017.2) THE DATE OF THIS SURVEY WAS MAY 22, 2018.3) BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF N75°09'11"W BETWEEN THE NORTHEASTERLY CORNEROF PARCEL A, A P.K. NAIL FOUND IN PLACE AND THE NORTHEASTERLY CORNER OF LOT Q, BLOCK 74, A P.K. NAILFOUND IN PLACE.4) UNITS OF MEASURE FOR ALL DIMENSIONS SHOWN HEREON IS U.S. SURVEY FEET.5) THIS SURVEY IS BASED ON THE 220 E. HOPKINS AVENUE & 230 E. HOPKINS AVE/117 S. MONARCH STREETMINOR SUBDIVISION - BOUNDARY ADJUSTMENT PLAT RECORDED MARCH 31, 2016 IN PLAT BOOK 114 AT PAGE 36AS RECEPTION NO. 628211 AND THE SURVEYORS AFFIDAVIT JUNE 04, 2018 AS RECEPTION NO. 647852 IN THEPITKIN COUNTY CLERK AND RECORDER'S OFFICE AND CORNERS FOUND IN PLACE.6) ELEVATIONS ARE BASED ON A GPS OBSERVATION UTILIZING THE WESTERN COLORADO RTVRN GPSNETWORK (1988 ORTHO DATUM) YIELDING AN ON-SITE ELEVATION OF 7906.73' ON THE NORTHEASTERLYCORNER OF PARCEL A AS SHOWN. CONTOUR INTERVAL EQUALS 1 FOOT.7) ACCORDING TO THE CITY OF ASPEN GIS WEBSITE THE SUBJECT PROPERTY IS ZONED MU AND BUILDINGSETBACK ARE AS SHOWN. BUILDING SETBACKS SHOULD BE VERIFIED WITH COMMUNITY DEVELOPMENT PRIORTO ANY PLANNING, DESIGN OR CONSTRUCTION.8) THE DISTANCE ALONG THE SOUTHERLY BOUNDARY OF PARCEL A HAS BEEN ADJUSTED TO ALLOW THESUBJECT PROPERTY TO CLOSE. PSI HAS REVIEWED THESE DIFFERENCES WITH THE SURVEYOR WHO PREPAREDTHE ABOVE MENTIONED PLAT AND IT WAS DETERMINED THAT A SCRIVENERS ERROR OCCURRED. THATSURVEYOR PREPARED AND RECORDED THE ABOVE LISTED AFFIDAVIT.9) THIS PROPERTY IS SUBJECT TO HEIGHT RESTRICTIONS AND OTHER MATTERS AS DESCRIBED IN RESOLUTIONNO. 5, SERIES OF 2016 RECORDED AS RECEPTION NO. 631177.SUBJECTPROPERTYVICINITY MAPSCALE: 1" = 2000'NESW0306090120150180210240270300330PeakSurveying,In c .3793506/26/18P104 VI.B. 56067904.401EO56087902.244EO56097901.833EO56107901.423EO56117900.559EO56127899.420EO56147898.665EO56157898.345EO BW56167898.219EO BW56177897.597EO BW56187897.268EO BW56197900.177EO56207901.766EO56217902.786EO 38.49'S 75°09'1GGGGGGGGGGGGGGGGGGGGGGGGGG G G G G G G G TTTTT TT TTTTTTTTTTTTTTTTTTTTTCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTV CTVCTV CTVCTVCTVCTVCTVCTV CTVCTVCTVCTVCTVCT VCTVCTVCTVCTV CTVCTVEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UE EX-UEEX-UEEXEX-UEEX-UEEX-UEEX-UEEX-UE EX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UECTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTVCTTTTTTTTTTTTTTTTTTTT SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSGX ALLEY20.81' R-O-WASPHALTALLEY20.81' R-O-WASPHALTALLEY20.81' R-O-WASPHALTP.K. NAIL INASPH. 0.73'W.C.7907.23'GAS METER4"ØBOLLARDELEC.TRANS.TELE.PED.#5 REBAR & CAPL.S. #29030P.K. NAIL & SHINERL.S. #29030CONCRETECABLE TV LINETELEPHONE LINEELECTRIC LINEGASLINEGASMETERTELE.PED.ELECTRICMANHOLECABLE TV LINESEWER LINECABLE TV LINEELECTRIC LINETELEPHONE LINESEWER LINEGASLINETELEPHONE LINEBACK OF CONCRETE SIDEWALKCABLE TV LINECABLE TVLINETELEPHONELINEELECTRICLINEELEC.TRANS.TELE.PED.CATVPED.P.K. NAIL & SHINERL.S. #25947LOTS K & L, BLOCK 74RUTH A. CARVER REV. TRUST116 S. ASPEN ST.LOT M, BLOCK 74RONALD NUNN FAMILY, LP.208 E. HOPKINS AVE.LOTS N & O, BLOCK 74JOHN L. & SHARON R. HOFFMAN TRUST214 E. HOPKINS AVE.LOTS F, G, H & I, BLOCK 74MONARCH BUILDING, LLC.231 E. MAIN ST.LOTS D & E, BLOCK 741543, LLC.221 E. MAIN ST.LOTS A, B & C, BLOCK 74201 E MAIN HOLDINGS, LLC.201 E. MAIN ST.SEWER MANHOLERIM EL=7900.08'SOUTH ASPEN STREETASPHALTMATCHLINE5.5'X8.0' MULTIPURPOSE EASEMENTPER BK 314 PG 4665'NESW0306090120150180210240270300330Peak Surveying, In c .  P.O. Box 1746Rifle, CO 81650Phone (970) 625-1954Fax (970) 579-7150www.peaksurveyinginc.comSN W E Peak Surveying, Inc.Since 2007 IMPROVEMENT SURVEY PLAT & TOPOGRAPHIC SURVEY PARCEL A, 220 E. HOPKINS AVENUE & 230 E. HOPKINS AVE/117 S. MONARCHSTREET MINOR SUBDIVISION - BOUNDARY ADJUSTMENT,ACCORDING TO THE PLAT RECORDED MARCH 31, 2016 INPLAT BOOK 114 AT PAGE 36 AS RECEPTION NO. 628211CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADONOTICE: ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTIONBASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRSTDISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT INTHIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THECERTIFICATION SHOWN HEREON.3793506/26/18P105 VI.B. P106 VI.B. P107 VI.B. P108 VI.B. P109 VI.B. P110 VI.B. P111 VI.B. P112 VI.B. P113 VI.B. P114 VI.B. P115VI.B. RECEPTION#: 645635, R: $58.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 10,03/05/2018 at 02:13:33 PM Janice K. Vos Caudill, Pitkin County, CO RESOLUTION NO. 1 SERIES OF 2018) A RESOLUTION OF THE ASPEN PLANNING & ZONING COMMISSION GRANTING FINAL COMMERCIAL DESIGN REVIEW APPROVAL AND A GROWTH MANAGEMENT AMENDMENT FOR THE PROPERTY LOCATED AT LOTS R AND S, BLOCK 74, CITY AND TOWNSITE OF ASPEN, COMMONLY KNOWN AS 230 E. HOPKINS AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel/D: 2 73 70 7328008 WHEREAS, the Community Development Department received an application from 360 Hexagon LLC (Applicant) represented by Stan Clauson Associates, Inc., requesting the Planning and Zoning Commission approve Final Commercial Design Review and a Growth Management Amendment for 230 E. Hopkins Avenue; and, WHEREAS, all code citation references are to the City of Aspen Land Use Code in effect on the day of initial application—March 15, 2016, as applicable to this project; and, WHEREAS, pursuant to Subsection 26.412.030, the Planning and Zoning Commission may approve, disapprove, approve with conditions, or continue an application for Final Commercial Design Review at a duly noticed public hearing: and, WHEREAS, pursuant to Subsection 26.470.140.A, an insubstantial amendment to an approved growth management development order may be authorized by the Community Development Director: and, WHEREAS, pursuant to Subsection 26.304.060.13, an application where more than one development approval is being sought simultaneously may be combined or modified whenever the Community Development Director determines, in consultation with the applicant, that such combination or modification would eliminate or reduce duplication and ensure economy of time, expense, and clarity; and, WHEREAS, upon initial review of the application and the applicable code requirements, the Aspen Community Development Department recommended approval with conditions; and, WHEREAS, all required public noticing was provided as evidenced by an affidavit of public noticing submitted to the record, and the public was provided full access to review the Application; and, WHEREAS, the Planning & Zoning Commission reviewed the Application at a duly noticed public hearing on February 6, 2018, during which the recommendations of the 230 E. Hopkins Ave Planning& Zoning Commission Resolution No. I. Series 2018 Page I of 10 P116 VI.B. Community Development Director and comments from the public were heard by the Planning & Zoning Commission, and approved the project with conditions by a vote of four to zero (4—0). NOW, THEREFORE BE IT RESOLVED BY THE PLANNING & ZONING COMMISSION OF THE CITY OF ASPEN,COLORADO THAT: Section 1: Final Commercial Design Review Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves Final Commercial Design Review for the proposed project. Elevations and floor plans representing the approved design are attached as Exhibits A & B. Section l: Growth Management Amendment Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code. the Planning and Zoning Commission hereby approves amendments to the Growth Management approval that was granted on July 19, 2016 via P&Z Resolution No. 5. Series of 2016. The following Growth Management approvals shall replace those granted pursuant to Section 7 of Resolution No. 5. Series of 2016. 2.1 Growth Management Allotments. a) One free-market residential unit is approved from the 2016 Growth Management Allotments. 2.2 Affordable Housing Mitigation Requirements. a) The addition of one free-market unit measuring approximately 2,313 sq. ft. net livable area requires the applicant to provide 694 sq. ft. net livable area in affordable housing mitigation, or 1.73 Full Time Equivalents (FTEs), using the following calculation: Mitigation requirement = 2.313 sq.ft. offr•ee-market net livable/30% = 694 sq.ft. Conversion to FTEs = 694 sq.ft. /400 sq.ft. = 1.73 FTEs The Applicant may provide Certificates of Affordable Housing Credit as mitigation for the required 1.73 FTEs. Certificates of Affordable Housing Credit shall be extinguished per Chapter 26.540 of the Land Use Code prior to issuance of a building permit. The Applicant shall be required to extinguish a Transferable Development Right (TDR) certificate on this site for the free-market residential unit. The TDR certificate shall be extinguished prior to issuance of a building permit, pursuant to Section 26.535.080. b) The existing development provides a net leasable reconstruction credit of 5,699 sq. ft., or 23.16 FTEs as calculated below: Basement: 1,317 sq. ft. / 1,000 sq. ft. = 1.317 (4.7 FTEs x 0.75) = 4.64 FTEs Ground Floor: 2,711 sq. ft. / 1,000 sq. ft. = 2.711 (4.7 FTEs) = 12.74 FTEs Upper Floor: 1,641 sq. ft. / 1,000 sq. ft. = 1.641 (4.7 FTEs x 0.75) = 5.78 FTEs, Total =4.64 + 12.74 + 5.78 = 23.16 FTEs 230 E. Hopkins Ave Planning& Zoning Commission Resolution No. 1. Series 2018 Page 2 of 10 P117 VI.B. The proposed development includes 4,892 sq. ft. of net leasable area, or 19.94 FTEs as calculated below: Basement: 1.923 sq. ft. / 1,000 sq. ft. = 1.923 (4.7 FTEs x 0.75) = 6.78 FTEs Ground Floor: 2,292 sq. ft. / 1,000 sq. ft. = 2.292 (4.7 FTEs) = 10.77 FTEs Upper Floor: 677 sq. ft. / 1.000 sq. ft. = 0.677 (4.7 FTEs x 0.75) —.2.39 FTEs Total = 6.78 + 10.77 + 2.39 = 19.94 FTEs Under this approval, affordable housing mitigation is not required for the commercial net leasable floor area associated with the site, provided the FTEs generated by the proposed net leasable do not exceed the reconstruction credit. Any reconstruction credit shall be valid for one (1) year following issuance of a demolition permit, pursuant to Chapter 26.470.130. Section 3: Public Amenity This Section shall replace Section 4 of P&Z Resolution No. 5, Series of 2016 in its entirety. The Applicant is required to provide no less than 10% of the lot size in public amenity, or 600 sq. ft. The Planning and Zoning Commission has approved 586 sq. ft. (9.8%) of public amenity on-site in the form of landscaped open space along the building's Monarch St. fapade, and as a paved walkway to the entrances along both E. Hopkins Ave and S. Monarch St. The Applicant is also approved to provide 557 sq. ft. (9.3%) of public amenity off-site, directly adjacent to the site along Hopkins Ave., between the street and the sidewalk, in the form of landscape improvements. The on- and off-site public amenity combined equals 1143 sq. ft. (19.1%), and is represented in Exhibit C. Section 4• All approvals and conditions contained in P&Z Resolution No. 5, Series of 2016 not modified within this Resolution remain valid. Section 5: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department or the Planning and Zoning 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 other specific conditions or an authorized authority. Section 6• 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. 230 E. Hopkins Ave Planning&Zoning Commission Resolution No. 1. Series 2018 Page 3 of 10 P118 VI.B. Section 7: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. FINALLY, adopted, passed and approved this 6th day of February, 2018. Approved as to form: Approved as to content: me, City Attorney Ran Walterscheid, Acting Chair Attest: !® Nicole Henning, Deputy City Clerk Attachments Exhibit —Elevations Exhibit B—Floor Plans Exhibit C—Public Amenity 230 E. Hopkins Ave Planning R Zoning Commission Resolution No. I,Series 2018 Page 4 of 10 P119 VI.B. EXH/B/T A I .I I 1, 'J cJ i IIIIIIIIIIIII`I I,•I _ ;I-- I I I €s I Ili ° I _k_ I +linll IIIIIII •: I M Il iii i I IIIIII!IIIIIIIII!IIIIIIII I, i f i : ... i ° o I I ID I• i X13;I I I= IIIIIIIIII'lllllilllllllllllll IIIII I I I I r_ 4l1 nlllllllllll'IIIIIIIII 1; s 1. i...} I ; i VI ilGli u lhl III i ii uI1I1u i IIII '- , I ,f=1J6 - I II IIIII y __ ° u - I IIIIIIIIIIIIIIIE, x I =- I I I I 1 i 230 E. Hopkins Ave Planning&Zoning Commission Resolution No. 1. Series 2018 Page 5 of 10 I P120 VI.B. L41 -_ , C i u i VIII iaiiooi3I — iaomoi ,III I I III lull Iailaii6i istis { 0- 4 C.i _ II I I IIIIII i Ih sF uuu I lu u 11 I ` Ila I [_ II 1 =- I I II 1 230 E. Hopkins Ave Planning& Zoning Commission Resolution No. I.Series 2018 Page 6 of 10 P121 VI.B. EXHIBIT B 4 Q Q ' Q 44 4 4 I t I log -- 1--- 1 t I t I t al 's ! ad b - 230 E. Hopkins Ave Planning R Zoning Commission Resolution No. I. Series 2018 Page 7 of 10 P122 VI.B. ice-,-- II I i Till. p—i R i i T,• f I`_ I jai 151 61 I I I I I I I I 230 E. Hopkins Ave Planning&Zoning Commission Resolution No. 1. Series 2018 Page 8 of 10 P123 VI.B. f I s I I i I 1 1 ' I ! I Ii iI s 1 t 4, I IIS 4 g Y t Ii I I I I I I I I of 230 E. Hopkins Ave Planning&Zoning Commission Resolution No. 1. Series 2018 Page 9 of 10 P124 VI.B. EMIMIT C o a s A I IC NN, S = e ae pp 9 t 3 1 O I e gA I 12 g 230 E. Hopkins Ave Planning&Zoning Commission Resolution No. I. Series 2018 Page 10 of 10 P125 VI.B. PRE-APPLICATION CONFERENCE SUMMARY DATE: December 20th, 2018 PLANNER: Mike Kraemer, 429-2741 PROJECT NAME AND ADDRESS: 230 E. Hopkins Street REPRESENTATIVE: Patrick Rawley, patrick@scaplanning.com 925-2323 DESCRIPTION: The property has attained conceptual (2016) and final (2018) Commercial Design and Growth Management approval for redevelopment of a mixed-use building pursuant to PZ Resolution No. 5, Series 2016 and PZ Resolution No. 1, Series 2018. Each of these resolutions contained specific conditions of approval for the future development. PZ Resolution No. 1, Series 2018 is currently vested under the 2016 Land Use Code. A building permit for the approved development has been submitted and is currently in review with the Building Department. During review, it was determined that the submitted floor plans do not match the floor areas and FTE calculations contained in subsection 2.2 Affordable Housing Mitigation Requirements in PZ Resolution No. 1, Series 2018. Additionally, during building permit review it was determined that the submitted plans for the onsite affordable housing unit do not match the dimensional requirements and above and below grade construction requirements identified in Section 3 and Section 6 of PZ Resolution No. 5-2016. In order to move forward with further building permit review, the applicant will be required to attain approval for a Minor Amendment to the site-specific development plan. RELEVANT LAND USE CODE SECTIONS: Section Number Section Title 26.304.070(A)(1) Minor Amendment to an Approved Site-Specific Development Plan 26.430.090(B) Other Amendment For your convenience – links to the Land Use Application and Land Use Code are below: Land Use Application Land Use Code REVIEW BY: •Staff for Complete application and recommendation to PZ •PZ for final determination REQUIRED LAND USE REVIEW(S): Minor Amendment to an Approved Site-Specific Development Plan PUBLIC HEARING: Yes, at PZ P126 VI.B. It is the responsibility of applicant to coordinate with Planning staff to meet the notice requirements for the public hearing. PLANNING FEES: $3,250 Deposit for 14 hours of staff time (additional hours will be billed at $325/hr) REFERRAL FEES: None. TOTAL DEPOSIT: $3,250 APPLICATION CHECKLIST – These items should first be submitted in a paper copy. Completed Land Use Application and signed Fee Agreement. Pre-application Conference Summary (this document). Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner’s right to apply for the Development Application. Applicant’s name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. HOA Compliance form (Attached to Application) A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. An 8 1/2” by 11” vicinity map locating the parcel within the City of Aspen. Written responses to applicable review criteria. Depending on further review of the case, additional items may be requested of the application. Once the application is deemed complete by staff, the applicant/applicant’s representative will receive an e-mail requesting submission of an electronic copy of the complete application and the deposit. Once the deposit is received, the case will be assigned to a planner and the land use review will begin. 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. P127 VI.B. P128 VI.B. P129 VI.B. P130 VI.B. P131 VI.B. P132 VI.B. P133 VI.B. P134 VI.B. P135 VI.B. P136 VI.B. P137 VI.B. RECEPTION#: 645635, R: $58.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 10,03/05/2018 at 02:13:33 PM Janice K. Vos Caudill, Pitkin County, CO RESOLUTION NO. 1 SERIES OF 2018) A RESOLUTION OF THE ASPEN PLANNING & ZONING COMMISSION GRANTING FINAL COMMERCIAL DESIGN REVIEW APPROVAL AND A GROWTH MANAGEMENT AMENDMENT FOR THE PROPERTY LOCATED AT LOTS R AND S, BLOCK 74, CITY AND TOWNSITE OF ASPEN, COMMONLY KNOWN AS 230 E. HOPKINS AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel/D: 2 73 70 7328008 WHEREAS, the Community Development Department received an application from 360 Hexagon LLC (Applicant) represented by Stan Clauson Associates, Inc., requesting the Planning and Zoning Commission approve Final Commercial Design Review and a Growth Management Amendment for 230 E. Hopkins Avenue; and, WHEREAS, all code citation references are to the City of Aspen Land Use Code in effect on the day of initial application—March 15, 2016, as applicable to this project; and, WHEREAS, pursuant to Subsection 26.412.030, the Planning and Zoning Commission may approve, disapprove, approve with conditions, or continue an application for Final Commercial Design Review at a duly noticed public hearing: and, WHEREAS, pursuant to Subsection 26.470.140.A, an insubstantial amendment to an approved growth management development order may be authorized by the Community Development Director: and, WHEREAS, pursuant to Subsection 26.304.060.13, an application where more than one development approval is being sought simultaneously may be combined or modified whenever the Community Development Director determines, in consultation with the applicant, that such combination or modification would eliminate or reduce duplication and ensure economy of time, expense, and clarity; and, WHEREAS, upon initial review of the application and the applicable code requirements, the Aspen Community Development Department recommended approval with conditions; and, WHEREAS, all required public noticing was provided as evidenced by an affidavit of public noticing submitted to the record, and the public was provided full access to review the Application; and, WHEREAS, the Planning & Zoning Commission reviewed the Application at a duly noticed public hearing on February 6, 2018, during which the recommendations of the 230 E. Hopkins Ave Planning& Zoning Commission Resolution No. I. Series 2018 Page I of 10 P138 VI.B. Community Development Director and comments from the public were heard by the Planning & Zoning Commission, and approved the project with conditions by a vote of four to zero (4—0). NOW, THEREFORE BE IT RESOLVED BY THE PLANNING & ZONING COMMISSION OF THE CITY OF ASPEN,COLORADO THAT: Section 1: Final Commercial Design Review Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves Final Commercial Design Review for the proposed project. Elevations and floor plans representing the approved design are attached as Exhibits A & B. Section l: Growth Management Amendment Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code. the Planning and Zoning Commission hereby approves amendments to the Growth Management approval that was granted on July 19, 2016 via P&Z Resolution No. 5. Series of 2016. The following Growth Management approvals shall replace those granted pursuant to Section 7 of Resolution No. 5. Series of 2016. 2.1 Growth Management Allotments. a) One free-market residential unit is approved from the 2016 Growth Management Allotments. 2.2 Affordable Housing Mitigation Requirements. a) The addition of one free-market unit measuring approximately 2,313 sq. ft. net livable area requires the applicant to provide 694 sq. ft. net livable area in affordable housing mitigation, or 1.73 Full Time Equivalents (FTEs), using the following calculation: Mitigation requirement = 2.313 sq.ft. offr•ee-market net livable/30% = 694 sq.ft. Conversion to FTEs = 694 sq.ft. /400 sq.ft. = 1.73 FTEs The Applicant may provide Certificates of Affordable Housing Credit as mitigation for the required 1.73 FTEs. Certificates of Affordable Housing Credit shall be extinguished per Chapter 26.540 of the Land Use Code prior to issuance of a building permit. The Applicant shall be required to extinguish a Transferable Development Right (TDR) certificate on this site for the free-market residential unit. The TDR certificate shall be extinguished prior to issuance of a building permit, pursuant to Section 26.535.080. b) The existing development provides a net leasable reconstruction credit of 5,699 sq. ft., or 23.16 FTEs as calculated below: Basement: 1,317 sq. ft. / 1,000 sq. ft. = 1.317 (4.7 FTEs x 0.75) = 4.64 FTEs Ground Floor: 2,711 sq. ft. / 1,000 sq. ft. = 2.711 (4.7 FTEs) = 12.74 FTEs Upper Floor: 1,641 sq. ft. / 1,000 sq. ft. = 1.641 (4.7 FTEs x 0.75) = 5.78 FTEs, Total =4.64 + 12.74 + 5.78 = 23.16 FTEs 230 E. Hopkins Ave Planning& Zoning Commission Resolution No. 1. Series 2018 Page 2 of 10 P139 VI.B. The proposed development includes 4,892 sq. ft. of net leasable area, or 19.94 FTEs as calculated below: Basement: 1.923 sq. ft. / 1,000 sq. ft. = 1.923 (4.7 FTEs x 0.75) = 6.78 FTEs Ground Floor: 2,292 sq. ft. / 1,000 sq. ft. = 2.292 (4.7 FTEs) = 10.77 FTEs Upper Floor: 677 sq. ft. / 1.000 sq. ft. = 0.677 (4.7 FTEs x 0.75) —.2.39 FTEs Total = 6.78 + 10.77 + 2.39 = 19.94 FTEs Under this approval, affordable housing mitigation is not required for the commercial net leasable floor area associated with the site, provided the FTEs generated by the proposed net leasable do not exceed the reconstruction credit. Any reconstruction credit shall be valid for one (1) year following issuance of a demolition permit, pursuant to Chapter 26.470.130. Section 3: Public Amenity This Section shall replace Section 4 of P&Z Resolution No. 5, Series of 2016 in its entirety. The Applicant is required to provide no less than 10% of the lot size in public amenity, or 600 sq. ft. The Planning and Zoning Commission has approved 586 sq. ft. (9.8%) of public amenity on-site in the form of landscaped open space along the building's Monarch St. fapade, and as a paved walkway to the entrances along both E. Hopkins Ave and S. Monarch St. The Applicant is also approved to provide 557 sq. ft. (9.3%) of public amenity off-site, directly adjacent to the site along Hopkins Ave., between the street and the sidewalk, in the form of landscape improvements. The on- and off-site public amenity combined equals 1143 sq. ft. (19.1%), and is represented in Exhibit C. Section 4• All approvals and conditions contained in P&Z Resolution No. 5, Series of 2016 not modified within this Resolution remain valid. Section 5: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department or the Planning and Zoning 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 other specific conditions or an authorized authority. Section 6• 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. 230 E. Hopkins Ave Planning&Zoning Commission Resolution No. 1. Series 2018 Page 3 of 10 P140 VI.B. Section 7: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. FINALLY, adopted, passed and approved this 6th day of February, 2018. Approved as to form: Approved as to content: me, City Attorney Ran Walterscheid, Acting Chair Attest: !® Nicole Henning, Deputy City Clerk Attachments Exhibit —Elevations Exhibit B—Floor Plans Exhibit C—Public Amenity 230 E. Hopkins Ave Planning R Zoning Commission Resolution No. I,Series 2018 Page 4 of 10 P141 VI.B. EXH/B/T A I .I I 1, 'J cJ i IIIIIIIIIIIII`I I,•I _ ;I-- I I I €s I Ili ° I _k_ I +linll IIIIIII •: I M Il iii i I IIIIII!IIIIIIIII!IIIIIIII I, i f i : ... i ° o I I ID I• i X13;I I I= IIIIIIIIII'lllllilllllllllllll IIIII I I I I r_ 4l1 nlllllllllll'IIIIIIIII 1; s 1. i...} I ; i VI ilGli u lhl III i ii uI1I1u i IIII '- , I ,f=1J6 - I II IIIII y __ ° u - I IIIIIIIIIIIIIIIE, x I =- I I I I 1 i 230 E. Hopkins Ave Planning&Zoning Commission Resolution No. 1. Series 2018 Page 5 of 10 I P142 VI.B. L41 -_ , C i u i VIII iaiiooi3I — iaomoi ,III I I III lull Iailaii6i istis { 0- 4 C.i _ II I I IIIIII i Ih sF uuu I lu u 11 I ` Ila I [_ II 1 =- I I II 1 230 E. Hopkins Ave Planning& Zoning Commission Resolution No. I.Series 2018 Page 6 of 10 P143 VI.B. EXHIBIT B 4 Q Q ' Q 44 4 4 I t I log -- 1--- 1 t I t I t al 's ! ad b - 230 E. Hopkins Ave Planning R Zoning Commission Resolution No. I. Series 2018 Page 7 of 10 P144 VI.B. ice-,-- II I i Till. p—i R i i T,• f I`_ I jai 151 61 I I I I I I I I 230 E. Hopkins Ave Planning&Zoning Commission Resolution No. 1. Series 2018 Page 8 of 10 P145 VI.B. f I s I I i I 1 1 ' I ! I Ii iI s 1 t 4, I IIS 4 g Y t Ii I I I I I I I I of 230 E. Hopkins Ave Planning&Zoning Commission Resolution No. 1. Series 2018 Page 9 of 10 P146 VI.B. EMIMIT C o a s A I IC NN, S = e ae pp 9 t 3 1 O I e gA I 12 g 230 E. Hopkins Ave Planning&Zoning Commission Resolution No. I. Series 2018 Page 10 of 10 P147 VI.B. EXHIBIT AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE ADDRESS OF PROPERTY: 230 E. Hopkins,Aspen, CO SCHEDULED PUBLIC HEARING DATE: March 26, 2019 STATE OF COLORADO ) ) ss. County of Pitkin ) I, Heather MacDonald being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. X Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen(15) days prior to the public hearing on the 8 day of March, 2019, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. X Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen(15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. N/A Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) N/A 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, PDs that create more than one lot, and new Planned Developments are subject to this notice requirement. N/A Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended,whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing"Affidavit of Notice" was acknowledged before me this 5th day of March, 2019,by Heather MacDonald. PATRICK S. RAWLEY WITNESS MY HAND AND OFFICIAL SEAL NOTARY PUBLIC STATE OF COLORADO M commission expires: NOTARY ID#19994012259 a My Commission Expires JuIY 2G 209_0 Notary Public ATTACHMENTS AS APPLICABLE: • COPYOFTHEPUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE(SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL • APPLICANT CERTIFICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 ®� ► CITY OFASPEN 130 S. Galena Street, Aspen, CO 81611 (970) 920.5090 www.cityofaspen.com NOTICE OF PUBLIC HEARING RE: 230 E Hopkins Ave. Minor Amendment to an Approve Site-Specific Development Plan Public Hearing: Tuesday, March 26, 2019; 4:30 PM Meeting Location: City Hall, Sister Cities Room 130 S. Galena St., Aspen, CO 81611 Project Location: 230 E Hopkins Avenue Legal Description: Parcel A, 220 E HOPKINS AVENUE & 230 E. HOPKINS AVENUE/117 S. MONARCH STREET MINOR SUBDIVISION-BOUNDARY ADJUSTMENT PLAT, RECORDED MARCH 31, 2016 UNDER RECEPTION NO. 628211, COUNTY OF PITKIN, STATE OF COLORADO. PID#2737-073-28-008. Description: The applicant is requesting to amend a site-specific approval for the subject site for changes to the approved dimensional limitations,specifically the size of a residential unit. Land Use Reviews: An amendment to a Growth Management Development Order—substantial amendment Decision Making Body: Planning and Zoning Commission Applicant: 360 Hexagon LLC, A Massachusetts Limited Liability Company, 119 Hyslop Road, Brookline MA 02445 More Information: For further information related to the project,contact Garrett Larimer at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2739, garrett.larimer@cityofaspen.com. I`1 SSSS• I -'• N LO 3 L a +d cz o N C N # >+d' o (A N m w V O O rno ca @ ca fn 3 � 'c � Qo i �- m k O N U Q c o o N (� o o o m >. Z N — U N c N .� a .N N m U L Q = J C N 7 y E Q J _ v c oc � � � _ E � � �t: o o 'J � •- L � a� ° oo � � U � N m o a' a � � 'E' ) a) ioc a LLl O aa) m � rn m 3 °c � mE c � WQ � o 0a) 0cQ � a) (L N .- I> - Art A N c m m U 3 y m c U € o v c m N top v, d E d d c o d m .S4 t S U d N U m U m [f] fn 7 dc 1300 N aa N 2 �C •_ ,, � m a. a0T 1S�1/!q►S • Zm (CD: H3 o cn < a - a 1•, C � � ftb LL f/` Z E �-U E y N I 0 V•L-• 7 m Qom CO O � - • ,!aca l N r . i 2 • lI �' 'a a N of A b v N 4-1 LU � �. w �Via, ��► �� 3 fd c �. ," Pitkin County Mailing List of 300 Feet Radius From Parcel: 273707328008 on 03/01/2019 TKIN A C OUNT Instructions: This document contains a Mailing List formatted to be printed on Avery 5160 Labels. If printing, DO NOT "fit to page" or"shrink oversized pages." This will manipulate the margins such that they no longer line up on the labels sheet. Print actual size. Disclaimer: Pitkin County GIS presents the information and data on this web site as a service to the public. Every effort has been made to ensure that the information and data contained in this electronic system is accurate, but the accuracy may change. Mineral estate ownership is not included in this mailing list. Pitkin County does not maintain a database of mineral estate owners. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content at this site or at other sites to which we link. Assessing accuracy and reliability of information and data is the sole responsibility of the user. The user understands he or she is solely responsible and liable for use, modification, or distribution of any information or data obtained on this web site. http://www.pitkinmapsandmore.com JPS NEVADA TRUST PLACE BRADLEY E JR REV TRUST KATIE REED BUILDING LLC 1701 N GREEN VALLEY PKWY#9C 5701 S COLORADO BLVD 407 S HUNTER ST#3 HENDERSON,NV 89074 LITTLETON,CO 80121 ASPEN,CO 81611 GRAND SLAM HOLDINGS LLC GRAND SLAM HOLDINGS LLC MONARCH BUILDING LLC 215 S MONARCH ST#101 215 S MONARCH ST#101 PO BOX 126 ASPEN,CO 81611 ASPEN,CO 81611 WOODY CREEK,CO 81656 ORR ROBERT L CARVER RUTH A REV TRUST HILLSTONE RESTAURANT GROUP INC 2700 G ROAD#12A 116 S ASPEN ST 3539 NORTHSIDE PKWY GRAND JUNCTION,CO 81506 ASPEN,CO 81611 ATLANTA,GA 30327 COLORADO MOUNTAIN NEWS MEDIA CO HART GEORGE DAVID&SARAH 201 E MAIN HOLDINGS LLC 580 MALLORY WY PO BOX 5491 2416 E 37TH ST N CARSON CITY,NV 89701 SNOWMASS VILLAGE,CO 81615 WICHITA,KS 67219 DAVIDSON ARIAIL SCOTT ROBERTS JANET A HILLSTONE RESTAURANT GROUP INC PO BOX 5141 215 S MONARCH ST#G101 3539 NORTHSIDE PKWY ASPEN,CO 81612 ASPEN,CO 81611 ATLANTA,GA 30327 232 EAST MAIN STREET LLC WHITMAN WENDALIN TRUE JAMES R 2001 N HALSTED#304 PO BOX 472 PO BOX 2864 CHICAGO,IL 60614 ASPEN,CO 81612 ASPEN,CO 81612 ORR ROBERT L ROCKING LAZY J PROPS LLC ORR ROBERT L 2700 G ROAD#12A 202 E MAIN ST 2700 G ROAD#12A GRAND JUNCTION,CO 81506 ASPEN,CO 81611 GRAND JUNCTION,CO 81506 JOHNSON PETER C&SANDRA K PEARCE FAMILY TRUST WHITMAN WENDALIN 51 OVERLOOK DR 216 E MAIN ST 210 E HYMAN AVE#101 ASPEN,CO 81611-1008 ASPEN,CO 81611 ASPEN,CO 81611 MONARCH BUILDING LLC 208 MAIN LLC HILLSTONE RESTAURANT GROUP INC PO BOX 126 623 E HOPKINS AVE 3539 NORTHSIDE PKWY WOODY CREEK,CO 81656 ASPEN,CO 81611 ATLANTA,GA 30327 HILLSTONE RESTAURANT GROUP INC SEDOY MICHAEL KATIE REED PLAZA CONDO ASSOC 3539 NORTHSIDE PKWY 35 SUTTON PL#196 301 E HOPKINS AVE ATLANTA,GA 30327 NEW YORK,NY 10022 ASPEN,CO 81611 MOJO ASPEN LLC PARK CENTRAL CONDO ASSOC 314 HEXAGON LLC 215 S MONARCH#G102 215 S MONARCH ST STE 203 9401 INDIAN CREEK PKWY STE 800 ASPEN,CO 81611 ASPEN,CO 81611 OVERLAND PARK,KS 66210 ELLIOTT ELYSE A TRUST KATIE REED BUILDING LLC CITY OF ASPEN 610 NORTH ST 407 S HUNTER ST#3 130 S GALENA ST ASPEN,CO 81611 ASPEN,CO 81611 ASPEN,CO 81611 CLARKS ASPEN LLC MOTHER LODE CONDO ASSOC CITY OF ASPEN 818 SOUTH MAIN ST COMMON AREA 130 S GALENA ST BLANDING,UT 84511 314 E HYMAN AVE ASPEN,CO 81611 ASPEN,CO 81611 DAVIS HORN INCORPORATED 1000 EAST HOPKINS LLC MOTHER LODE CONDO ASSOC INC 215 S MONARCH#104 215 S MONARCH #104 9401 INDIAN CREEK PKWY STE 800 ASPEN,CO 81611 ASPEN,CO 81611 OVERLAND PARK,KS 66210 ELLIOTT ELYSE A TRUST KATIE REED BUILDING LLC KATIE REED BUILDING LLC 610 NORTH ST 407 S HUNTER ST#3 407 S HUNTER ST#3 ASPEN,CO 81611 ASPEN,CO 81611 ASPEN,CO 81611 TRUE JAMES R GRAND SLAM HOLDINGS LLC CLARK LOIS P REV TRUST PO BOX 2864 215 S MONARCH ST#101 PO BOX 5815 ASPEN,CO 81612 ASPEN,CO 81611 SNOWMASS VILLAGE,CO 81615 SHVACHKO NATALIA AJAX JMG INVESTMENTS LLC BRINING ROBERT D 35 SUTTON PL#19B 9401 WILSHIRE BLVD 9TH FL 215 S MONARCH#203 NEW YORK, NY 10022 BEVERLY HILLS,CA 902122974 ASPEN,CO 81611 KELLY GARY DESOTO LINDA JANE LIVING TRUST MOTHER LODE CONDO ASSOC INC PO BOX 12356 155 LONE PINE RD#9 9401 INDIAN CREEK PKWY STE 800 ASPEN,CO 81612 ASPEN,CO 81611 OVERLAND PARK,KS 66210 PLACE PENNY L REV TRUST KATIE REED BUILDING LLC KATIE REED BUILDING LLC 5701 S COLORADO BLVD 407 S HUNTER ST#3 407 S HUNTER ST#3 LITTLETON,CO 80121 ASPEN,CO 81611 ASPEN,CO 81611 ASPEN BRANCH HOLDINGS LLC BERNSTEIN JEREMY M PROFIT SHARING PL NUNN RONALD FAMILY LP 3033 E FIRST AVE 610 NORTH ST 10500 BRENTWOOD BLVD DENVER,CO 80206 ASPEN,CO 81611 BRENTWOOD,CA 94513 MINERS REAL ESTATE LLC TRUE JAMES R BERNSTEIN JEREMY M PROFIT SHARING PL PO BOX 1365 PO BOX 2864 610 NORTH ST ASPEN,CO 81612 ASPEN,CO 81612 ASPEN,CO 81611 ORR ROBERT L COHEN FRANK R RACZAK FAMILY TRUST 2700 G ROAD#12A 360 S MONROE ST#702 0234 LIGHT HILL RD GRAND JUNCTION,CO 81506 DENVER,CO 80209 SNOWMASS,CO 81654 CLARK LOIS P REV TRUST ORR ROBERT L PARK CENTRAL WEST CONDO ASSOC PO BOX 5815 2700 G ROAD#12A 210 E HYMAN AVE SNOWMASS VILLAGE,CO 81615 GRAND JUNCTION,CO 81506 ASPEN,CO 81611 303 EAST MAIN LLLP KATIE REED BUILDING LLC ORR ROBERT L PO BOX 8016 407 S HUNTER ST#3 2700 G ROAD#12A ASPEN,CO 81612 ASPEN,CO 81611 GRAND JUNCTION,CO 81506 ICONIC PROPERTIES JEROME LLC KATIE REED BUILDING LLC 314-PH HEXAGON LLC 1375 ENCLAVE PKWY 407 S HUNTER ST#3 9401 INDIAN CREEK PKWY STE 800 HOUSTON,TX 77077 ASPEN,CO 81611 OVERLAND PARK,KS 66210 SUNNY SNOW LTD BRINING ROBERT JPS NEVADA TRUST 308 TORCIDO DR 215 S MONARCH ST#203 1701 N GREEN VALLEY PKWY#9C SAN ANTONIO,TX 78209 ASPEN,CO 81611 HENDERSON,NV 89074 KATIE REED BUILDING LLC TRUE JAMES R CLARKS ASPEN LLC 407 S HUNTER ST#3 PO BOX 2864 818 SOUTH MAIN ST ASPEN,CO 81611 ASPEN,CO 81612 BLANDING,UT 84511 BUSH ALAN DAVID HILLSTONE RESTAURANT GROUP INC JPS NEVADA TRUST 0046 HEATHER LN 3539 NORTHSIDE PKWY 1701 N GREEN VALLEY PKWY#9C ASPEN,CO 81611-3342 ATLANTA,GA 30327 HENDERSON,NV 89074 RACZAK FAMILY TRUST GORDON BRIAN S ORR ROBERT L 0234 LIGHT HILL RD 26985 CRESTWOOD 2700 G ROAD#12A SNOWMASS,CO 81654 FRANKLIN,MI 48025 GRAND JUNCTION,CO 81506 WHITMAN FINE PROPERTIES SHVACHKO NATALIA CARLS REAL ESTATE LLC 210 E HYMAN AVE#101 35 SUTTON PL#19B PO BOX 1365 ASPEN,CO 81611 NEW YORK,NY 10022 ASPEN,CO 81612 ORR ROBERT L KATIE REED BUILDING LLC YOUNGS RICHARD B&JACQULINE L 2700 G ROAD#12A 407 S HUNTER ST#3 3940 MARSH RD GRAND JUNCTION,CO 81506 ASPEN,CO 81611 BROOKLYN,MI 49230 JPS NEVADA TRUST DAVIS HORN INCORPORATED CITY OF ASPEN 1701 N GREEN VALLEY PKWY#9C 215 S MONARCH#104 130 S GALENA ST HENDERSON,NV 89074 ASPEN,CO 81611 ASPEN,CO 81611 KATIE REED BUILDING LLC JPS NEVADA TRUST DAVIS HORN INCORPORATED 407 S HUNTER ST#3 1701 N GREEN VALLEY PKWY#9C 215 S MONARCH#104 ASPEN,CO 81611 HENDERSON,NV 89074 ASPEN,CO 81611 PLUMERIA PARTNERS LLLP DAVIS HORN INCORPORATED DAVIS HORN INCORPORATED 925 CHATFIELD RD 215 S MONARCH#104 215 S MONARCH#104 ASPEN,CO 81611 ASPEN,CO 81611 ASPEN,CO 81611 WELLS FARGO BANK ICONIC PROPERTIES JEROME LLC CLARK LOIS P REV TRUST PO BOX 2609 1375 ENCLAVE PKWY PO BOX 5815 CARLSBAD,CA 92018 HOUSTON,TX 77077 SNOWMASS VILLAGE,CO 81615 KATIE REED BUILDING LLC 314-200 HEXAGON LLC KATIE REED BUILDING LLC 407 S HUNTER ST#3 9401 INDIAN CREEK PKWY STE 800 407 S HUNTER ST#3 ASPEN,CO 81611 OVERLAND PARK,KS 66210 ASPEN,CO 81611 SEDOY MICHAEL GOODING NANCY A SEGUIN BUILDING CONDO ASSOC 35 SUTTON PL#19B 4800 S HOLLY ST COMMON AREA NEW YORK,NY 10022 ENGLEWOOD,CO 80111 304 E HYMAN AVE ASPEN,CO 81611 PEGOLOTTI DELLA KELLY GARY KATIE REED BUILDING LLC 202 E MAIN ST PO BOX 12356 407 S HUNTER ST#3 ASPEN,CO 81611 ASPEN,CO 81612 ASPEN,CO 81611 KELLY GARY DCBD2 LLC MINERS REAL ESTATE LLC PO BOX 12356 2100 ROSS AVE#3300 PO BOX 1365 ASPEN,CO 81612 DALLAS,TX 75201 ASPEN,CO 81612 312 EAST HYMAN AVENUE LLC 1543 LLC FREDRICK LARRY D 2001 N HALSTED#304 1543 WAZEE ST#400 215 S MONARCH ST#G101 CHICAGO,IL 60614 DENVER,CO 80202 ASPEN,CO 81611 MORRONGIELLO LYDIA LIVING TRUST CLARK LOIS P REV TRUST HOFFMAN JOHN L&SHARON R TRUST 8109 WILLOW BEND CT PO BOX 5815 411 E 63RD ST BOULDER,CO 80301 SNOWMASS VILLAGE,CO 81615 KANSAS CITY,MO 64108 ROBERTS JANET A BRINING ROBERT YOUNG BARBARA A 215 S MONARCH ST#G101 215 S MONARCH ST#203 210 E HYMAN#9 ASPEN,CO 81611 ASPEN,CO 81611 ASPEN,CO 81611 HILLSTONE RESTAURANT GROUP INC FEDER HAROLD L&ZETTA F FREDRICK LARRY D 3539 NORTHSIDE PKWY 985 CASCADE AVE 215 S MONARCH ST#G101 ATLANTA,GA 30327 BOULDER,CO 80302-7550 ASPEN,CO 81611 KATIE REED BUILDING LLC KATIE REED BUILDING LLC CLARK LOIS P REV TRUST 407 S HUNTER ST#3 407 S HUNTER ST#3 PO BOX 5815 ASPEN,CO 81611 ASPEN,CO 81611 SNOWMASS VILLAGE,CO 81615 ASPEN CORNER OFFICE LLC 308 EAST HOPKINS CONDO ASSOC ELLIOTT ELYSE A TRUST 200 E MAIN ST COMMON AREA 610 NORTH ST ASPEN,CO 81611 308 E HOPKINS AVE ASPEN,CO 81611 ASPEN,CO 81611 DAVIS HORN INCORPORATED CLARKS ASPEN LLC 1000 EAST HOPKINS LLC 215 S MONARCH#104 818 SOUTH MAIN ST 215 S MONARCH #104 ASPEN,CO 81611 BLANDING,UT 84511 ASPEN,CO 81611 PEARCE MARGARET A DAVIDSON DONALD W TRUST KATIE REED BUILDING LLC 216 E MAIN ST 864 CEMETERY LN 407 S HUNTER ST#3 ASPEN,CO 81611 ASPEN,CO 81611 ASPEN,CO 81611 PCU-5 LLC GRAND SLAM HOLDINGS LLC MOJO ASPEN LLC PO BOX 2563 215 S MONARCH ST#101 215 S MONARCH#G102 ASPEN,CO 81612 ASPEN,CO 81611 ASPEN,CO 81611 DAVIS HORN INCORPORATED FREDRICK LARRY D MILL STREET PLAZA ASSOC LLC 215 S MONARCH#104 215 S MONARCH ST#G101 602 E COOPER#202 ASPEN,CO 81611 ASPEN,CO 81611 ASPEN,CO 81611 JMS LLC IFTNFS LLC JAFFE JONATHAN&KAREN 0115 GLEN EAGLES DR 0115 GLEN EAGLES DR 88 EMERALD BAY ASPEN,CO 81611 ASPEN,CO 81611 LAGUNA BEACH,CA 92651 EXHIBIT AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE ADDRESS OF P O RTY: 1 ,Aspen, CO SCHE�L�YD� 0l�r�PUB�.IC�)FIEARING DATE: &/1 n ,20�a STATE OF COLORADO ) ss. County of Pitkin ) i 0 (name, please print) being or representing A 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: V Publication o notice: B the publication in the legal notice section of an official .f Y P g paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen(15)days prior to the public hearing on the_ day of , 20_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15)days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested,to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, PDs that create more than one lot, and new Planned Developments 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 I Lin The fore oing"Affidavit of Not�i�je"was acknowledged before me this day of marah , 209, by UrW (,lt�, WITNESS MY HAND AND OFFICIAL SEAL My commission expires: o 2.3 otary Public LAUREN LITCHET NOTARY PUBLIC STATE OF COLORADO ATTACHMENTS AS APPLICABLE: NOTARY ID 2019400.';051 • COPY OF THEPUBLICATION MY COMMISSION EXPIRES JANUARY 23,2023 • PHOTOGRAPH OF THE POSTED NOTICE(SIGN • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL • APPLICANT CERTIFICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 's111�► �IIIRV CITY OF ASPEN NOTICE OF PUBLIC HEARING RE: imi E Hopkins Avenue Public Hearing: Tuesday.March 26.1019:4:30 PM Meeting Location: City Hall,Sister Cities Room 130 S.Galena St..Aspen.CO 81611 Project Location: ton E Hopkins Ave,Legally Described as UNIT B,CIMARRON TOWNHOMES.according to the Plat thereof recorded November 8. 1996 in Plat Book 4O at Page 87 and as defined and described in the Declaration for Cimarron Townhomes recorded November 8.1996 as Reception No.398934. Description: The subject property was originally approved to construct a single 1.—1. residence with a voluntary ADU.The ADU has since been removed without the necessary approvals.The applicant is interested in replacl-i - the ADU in the basement to bring the property back into compliance. Under the current code.sub-grade ADU's do not comply with the ADL design standards.In order to replace the ADU in this location,a variat.— from the ADU design standards is required and must be granted through Special Review by the Planning and Zoning Commission. Land Use Reviews Req: Special Review-ADU Design Standards Decision Making Body: Planning and Zoning Commission Applicant Witmondt Family Investments.LLC, too Passaic Avenue•240,Fairfield.NJ 07004 1.1—.Information: For further inFormation related to the project.contact Garrett Larlmer at the City of Aspen Community Development Department.130 S.Galena St..Aspen,CO.970.429.2739.garrett.larimer@cityofaspen.com. PUBLISHED IN THE ASPEN TIMES ON MARCH 10,2019 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE ADDRESS OF PROPERTY: IM E. t�Vp(C.1 V S ,Aspen, CO SCHEDULED PUBLIC HEARING DATE: r-C—PJ7_UjAcx M rey" ,20A STATE OF COLORADO ) ) ss. County of Pitkin ) I, 09%*1 LN (name,please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E)of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen(15)days prior to the public hearing on the 1$ day of 'SANL) , 201q, to and including the date and time of the public hearing. A photograp oh f the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested,to affected mineral estate owners by at least thirty(30)days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, PDs that create more than one lot, and new Planned Developments 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 fo e oin "Affidavit of Notice"was acknowled before me this day of 20�, by Led WLON WITNESS MY HAND AND OFFICIAL SEAL NELSON r My commission expires: I,IC T ARY PUBLIC a i r'i(E{.�.F COLORADO � ai.�RYIL)#^C'09"C3:7J17 Fxt.i,-es S:I e nW 25,20L1 Notary Public ATTACHMENTS AS APPLICABLE: • COPYOFTHEPUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE(SIGN • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL • APPLICANT CERTIFICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. X24-65.5-103.3 Pitkin County Mailing List of 300 Feet Radius From Parcel: 273718204009 on 01/04/2019 1' KIN OUNT Instructions: This document contains a Mailing List formatted to be printed on Avery 5160 Labels. If printing, DO NOT "fit to page" or "shrink oversized pages." This will manipulate the margins such that they no longer line up on the labels sheet. Print actual size. Disclaimer: Pitkin County GIS presents the information and data on this web site as a service to the public. Every effort has been made to ensure that the information and data contained in this electronic system is accurate, but the accuracy may change. Mineral estate ownership is not included in this mailing list. Pitkin County does not maintain a database of mineral estate owners. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content at this site or at other sites to which we link. Assessing accuracy and reliability of information and data is the sole responsibility of the user. The user understands he or she is solely responsible and liable for use, modification, or distribution of any information or data obtained on this web site. http://www.pitkinmapsandmore.com WEIGAND NESTOR R JR TROUSDALE JEAN VICK LVG TRUST WEISS BERNIE 150 N MARKET ST PO BOX 9983 625 E MAIN ST 1028 #211 WICHITA,KS 67202 ASPEN,CO 81612 ASPEN,CO 81611 QUEEN VICTORIA CONDO ASSOC CUNNINGHAM P SMALL ERIC&CHRISTI COMMON AREA PO BOX 11717 50 OLD BARN LN 916 E HOPKINS AVE ASPEN,CO 81612 CARBONDALE,CO 81623 ASPEN,CO 81611 TROUSDALE MARGARET OB HERMAN SHEILA GALLOP PARK LLC 7 ALEXANDER LN 104 W ANAPAMU ST#B 4696 BAYBERRY CIR GREENWOOD VILLAGE,CO 80121 SANTA BARBARA,CA 93101 ANN ARBOR,MI 48105 VINCENTI CONDO ASSOC LDRAM 2 LLC KALNITSKY LINDA BUDIN TRUST 1015 E HYMAN AVE 3900 E BETHANY HOME RD 1701 S FLAGLER DR#1601 ASPEN,CO 81611 PARADISE VALLEY,AZ 85253 WEST PALM BEACH,FL 33401 SMITH CHARLES C III&LYNN PHARR MARK R TIGER III&ALLYSON SCHULTZ BRIAN&ELIZABETH 6030 GARFIELD ST 101 BONNER DR 9301 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ST#45 ASPEN,CO 81611 1018 E HOPKINS AVE NEW YORK,NY 10003 ASPEN,CO 81611 PICKARD NANCY S KENNEDY WILLIAM W CHILDRENS TRST MCDONOUGH JOELLE 1020 E HOPKINS AVE#4 218 STEEPLECHASE RD 1007 E HYMAN AVE#7 ASPEN,CO 81611 BARRINGTON HILLS,IL 60010 ASPEN,CO 81611 VANMOORSEL GERARDUS H&MELINDA E SCHULTZ E ARNDT BRICE&KRISTINE 1021 E HOPKINS PO BOX 11717 83 GREENWOOD CIR ASPEN,CO 81611 ASPEN,CO 81612 WORMLEYSBURG,PA 17043 WILMERDING PATSY R REV TRUST DORNEMANN MICHAEL BELLISON FAMILY II IRREV TRUST 203 S CLEVELAND 390 LAKE AVE 5532 LANE LAKE RD ASPEN,CO 81611 GREENWICH,CT 06830 BLOOMFIELD HILLS,MI 483022129 BERYLIUM SERVICES LLC WILLIAMSON ROBERT E TEAM SACHS LLC 916 E HOPKINS AVE#001 982 E HOPKINS#3 3348 CORTE DEL CRUCE ASPEN,CO 81611 ASPEN,CO 81611 CARLSBAD,CA 92009 622 OCEAN LLC DECRAY MARCELLA IRREV PROPERTY TRU J2C LLC PO BOX 522 1528 HILL ST PACASSISTRASSE 62 ISLE OF PALMS,SC 29451 SANTA MONICA,CA 90405 1130 VIENNA AUSTRIA, DAKA CAPITAL LLC AUVIL CAROL A TRUST MOON ROBERT DENNIS&LAURA SUMNER PO BOX 1401 1024 E HOPKINS AVE #14 4520 FAIRFAX AVE ASPEN,CO 81612 ASPEN,CO 81611 DALLAS,TX 75205 GAVILON CONDO ASSOC FULLER JAMES T III CARDWELL ROBERT A COMMON AREA 3616 FULTON ST NW 1672 LOUISE ST 935 E HOPKINS AVE WASHINGTON,DC 20007 LAGUNA BEACH,CA 92651 ASPEN,CO 81611 CITY OF ASPEN SALTZMAN SUSAN DORAN MICHAEL H ASP TEST TRST 130 S GALENA ST 915 E HOPKINS#3 4280 GUNNIN RD ASPEN,CO 81611 ASPEN,CO 81611 NORCROSS,GA 30092 RIVER HOUSE LLC WEISS LYNN COOPER TACHE CHRISTEN 729 E BLEEKER ST 625 E MAIN ST#102B 1001 E HYMAN ASPEN,CO 81611 ASPEN,CO 816111935 ASPEN,CO 81611 KALNITSKY EUGENE TRUST COHEN STEPHAN L QRT MCDONALD FRANCIS B 1701 S FLAGLER DR#1601 801 ARTHUR GODFREY BLVD#200 PO BOX 4671 WEST PALM BEACH,FL 33401 MIAMI BEACH,FL 33140 ASPEN,CO 81612 SHORE JILL A OGBURN TOM&CAROLYN GOLDSTEIN GARY L LVG TRUST NO 1 PO BOX 8673 1245 STANHOPE CT 1020 E HOPKINS AVE#7 ASPEN,CO 81612 SOUTHLAKE,TX 76092 ASPEN,CO 816114109 EVANS ROY D JR&JENNIFER E PORTER CATHERINE T KANG NOBUKO 972 E HOPKINS AVE 3616 FULTON ST NW 916 E HOPKINS AVE#101 ASPEN,CO 81611 WASHINGTON,DC 20007 ASPEN,CO 81611 BLATT ROBERT M REV TRUST RAPIDS EAST ASPEN LLC YOUNG JESSICA 10925 REED HARTMAN HWY#200 6247 PRESTONSHIRE LN 962 E HOPKINS AVE CINCINNATI,OH 45242 DALLAS,TX 75225 ASPEN,CO 81611 BUFORD RC&ELIZABETH B VANHEES JOANNE G&ARNOLD GOLDSTEIN BARBARA E SIMON LVG TRUST 12 ELMCOURT ST 95 HORATIO ST#9K 1020 E HOPKINS AVE#7 SAN ANTONIO,TX 78209 NEW YORK,NY 10014 ASPEN,CO 81611 MCCORMICK MURIEL E GLUCK STACY E PAGANO JOSEPH K&JOSEPH A PO BOX 3515 916 E HOPKINS AVE #304 PO BOX 7785 ASPEN,CO 81612 ASPEN,CO 81611-2089 ASPEN,CO 81612 ERNEMANN MICHAEL FREDERICH RIVERVIEW CONDO ASSOC 26 EAU CLAIRE LLC LONDON FLAT 4 GALAXY HOUSE COMMON AREA 550 BIENVILLE ST 32 LEONARD ST ASPEN,CO 81611 NEW ORLEANS,LA 70130 LONDON EC#2A 4LX ENGLAND, BELLIS ARTHUR P KENNEDY PATRICIA ANN REV LIV TRUST CIMARRON TOWNHOMES CONDO ASSOC 1008 E HOPKINS AVE 218 STEEPLECHASE RD COMMON AREA ASPEN,CO 81611 BARRINGTON, IL 60010 1015 E HOPKINS AVE ASPEN,CO 81611 SEMBLER BRENT&DEBBIE KELLEHER DOROTHY A DOLGI NOW SCOTT TRUST 5858 CENTRAL AVE PO BOX 1 203 S CLEVELAND ST PETERSBURG,FL 33707 ASPEN,CO 81612 ASPEN,CO 81611 HANN SANG E DR&ANN K SEID MEL L&E PROPERTIES LTD 555 MAYFLOWER RD 1104 DALE AVE 3701 S NARCISSUS WAY LAKE FOREST, IL 60045 ASPEN,CO 81611 DENVER,CO 80237 MARTIN MONICA A 301 E 79TH ST#35P NEW YORK,NY 10021 NOTICE OF PUBLIC HEARING: 1011 E Hopkins ASPEN Project Location: 1,-1 1 F Hopkins 130 S. Galena Street, Land Use Reviews: Special Review Aspen.CO 81611 Decision Making Body: Planning and Zoning p: (970)920.5000 Hearing Date: February 5, 2019, 4:30 p.m. f: (970)920 5197 Hearing Location: City Hall, Sister Cities; 130 S Galena vnaw aspenpitkin com St. Aspen, CO 81611 Project Description:The subject property was originally approved to construct a single-family residence with a voluntary ADU The ADU has since been removed without the necessary approvals. The applicant is interested in replacing the ADU in the basement to bring the property back into compliance. Under the current code. sub-grade ADU's do not comply with the ADU design standards In order to replace the ADU in this location, a variation from the ADU design standards is required and must be granted through Special Review by the Planning and Zoning Commission. Legal Description: UNIT B,CIMARRON TOWNHOMES,according to the Plat thereof recorded November 8,1996 in Plat Book 40 at Page 87 and as defined and described in the Declaration for Cirimfon Tonnhomes recorded November 8. 1996 as Reception No 398934 Parcel ID: 2737-182-04-009. Applicant:Witmondt Family Investments LLC, 100 Passaic Avenue#240, Fairfield. NJ 07004. Represented by BendonAdams More Information: For further information related to the project,contact Garrett Larimer at the City of Aspen Community Development Department 130 S Galena St.,Aspen.CO. (970) 42.9 2.739,garrelt.lanmer@cityofaspen corn BendonAdams 300 So Spring St 202 Aspen,CO 81611 970.925.2855 bendonadams corn PUBLIC NOTICE Date : February 5th , 2019 Time : 4 : 30 PM Place : City Hall , 130 S Galena St, Sister Cities Room Purpose : Witmondt Family Investments , LLC , 100 Passaic Ave. #240 , Fairfield NJ , are requesting approval for a variation to the Accessory Dwelling Unit Design Standards on this site to replace an improperly removed ADU in the basement. Sub-grade ADUs require Special Review by the Planning and Zoning Commission . For further information contact Aspen Planning Dept. at 970-429-2739 . \k i�'.. I .l ,;1N.��► ,J c'� .��. 111 ♦ 4'. •�1 in •,, ., .•c t .A O 46 47 i ,rte ��- � : �•� . .�,. _,:,� � .• i � t y, h �y r NOTICE _ PUBLIC w yJ 1 l Vhf T,rnc: ' c,,m„s+• lHall.t y 5 pIaCC: Cibes Room purposC: rte ^ts.uC. t r•aslswc 1240, approval FalAwWµ'r• .-- k t aPpfO at for n equesta 9 0*4,ng ,'x)n to Oro AccessO'y Uos'D^ de to .ondards ono ADU .,,a an-wopedy re ADUs -"baseme+l 1 Sade re Speanl Reywo by t" and Zon"V Cpnmrss.on .. t Contact te^. .. rr10!nwfbn A . j. rcp at 97"29'2739 c 0. 1. e, 1 ,� EXHIBIT AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CO ADDRESS OF PRO ER tuRn5 Aspen, CO SCHEDj,1LEDC�UB��CANGEARIDATE: �na �1 , 20 `7 STATE OF COLORADO ) ss. County of Pitkin ) � 0 I, (name, please print) being or representing anApplicant 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 e Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen(15) days prior to the public hearing on the_ day of , 20_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested,to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, PDs that create more than one lot, and new Planned Developments 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 foregoin "Affidavit of Notice"was acknowledged be foreme this T lay of , 20�, by LAU6. h LITOht LAUREN LITCHET WITNESS MY HAND AND OFFICIAL SEAL NOTARY PUBLIC STATE OF COLORADO My commission expires:TaRvam23 NOTARY ID 20194003051 MY COMMISSION EXPIRES JANUARY 23,2023 ary Public ATTACHMENTS AS APPLICABLE: • COPYOFTHEPUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE(SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL • APPLICANT CERTIFICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 �`► i/ pis',61 CITYOFASPEN NOTICE OF PUBLIC HEARING RE: 230 E Hopkins Avenue Public Hearing: Tuesday.March 26,2019:4:30 PM Meeting Location: City Hall.Sister Cities Room 130 S.Galena St..Aspen.CO 81611 Project Location: 230 E Hopkins Avenue:Legally Described as Parcel A.220 E HOPKINS AVENUE&230 E.HOPKINS AVENUE/117 S.MONARCH STREET MINOR SUBDIVISIONBOUNDARYADJUSTMENT PLAT. RECORDED MARCH 31.2o16 UNDER RECEPTION NO.628211. COUNTY OF PITKIN,STATE OF COLORADO. Descriot,on: The applicant is requesting to amend a site specific approval for the subject site for changes to the approved dimensional limitations. specifically the size of a residential unit.Land Use Reviews:Relocation and Floor Area Bonus Land Use Reviews Req: An amendment to a Growth Management Development Order- substantial amendment Decision Making Body: Planning and Zoning Commission Applicant: 36o Hexagon LLC,A Massachusetts Limited Liability Company,119 Hyslop Road,Brookline MA.,02445 More Information: For further information related to the project.contact Garrett Larimer at the City of Aspen Community Development Department,130 S.Galena St..Aspen,CO,970.429.2739.garrett.larimer@cltyofaspen.com. PUBLISHED IN THE ASGEN TIMES ON MARCH 10.2019 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 230 E. Hopkins,Aspen, CO SCHEDULED PUBLIC HEARING DATE: March 26, 2019 STATE OF COLORADO ) ) ss. County of Pitkin ) I, Heather MacDonald being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. X Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the 8 day of March, 2019, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. X Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the olvners and governmental agencies so noticed is attached hereto. N/A Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method ofpublic notification and a copy of any documentation that ivas presented to the public is attached hereto. (continued on next page) N/A Mineral Estate Or•vner 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, PDs that create more than one lot, and new Planned Developments are subject to this notice requirement. N/A Rezoning or teat amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing"Affidavit of Notice" was acknowledged before me this 5th day of March,2019, by Heather MacDonald. ....,. PATRICK S. RAWLEY WITNESS MY HAND AND OFFICIAL SEAL NOTARY PUBLIC STATE OF COLORADO M commission expires: Z a NOTARY ID#19994012259 Y p My Commission Expires July 26,2020 �J Notary Public ATTACHMENTS AS APPLICABLE: • COPY OF THE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE(SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL • APPLICANT CERTIFICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. X24-65.5-103.3 I CITY OF A` 11: 11 130 S. Galena Street, Aspen, CO 81611 (970) 920.5090 www.cityofaspen.com NOTICE OF PUBLIC HEARING RE: 230 E Hopkins Ave. Minor Amendment to an Approve Site-Specific Development Plan Public Hearing: Tuesday, March 26, 2019; 4:30 PM Meeting Location: City Hall, Sister Cities Room 130 S. Galena St., Aspen, CO 81611 Project Location: 230 E Hopkins Avenue Legal Description: Parcel A, 220 E HOPKINS AVENUE & 230 E. HOPKINS AVENUE/117 S. MONARCH STREET MINOR SUBDIVISION-BOUNDARY ADJUSTMENT PLAT, RECORDED MARCH 31, 2016 UNDER RECEPTION NO. 628211, COUNTY OF PITKIN, STATE OF COLORADO. PID 42737-073-28-008. Description: The applicant is requesting to arnend a site-specific approval for the subject site for changes to the approved dimensional limitations, specifically the size of a residential unit. Land Use Reviews: An amendment to a Growth Management Development Order—substantial amendment Decision Making Body: Planning and Zoning Commission Applicant: 360 Hexagon LLC, A Massachusetts Limited Liability Company, 119 Hyslop Road, Brookline MA 02445 More Information: For further information related to the project, contact Garrett Larimer at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2739, garrett.larimer@cityofaspen.com. 3 1 � � 1 f• Nb r 14 1p L 'o Y .� C N ��• i > d p O ` �`r� p N s V O O ; O n) @ co (n � 'ELQo ` o o UU 6i J of ° � c � nE �pa� d U p E E U a d. uj O aa)im u a3 ° @� cEc � o o cr@ oEQ � mN° c n. .- Q J = � m " '� I'. i o on d Z, m U m J m in � •r.., 'O m d 4i IL -� a � rn T U� j I�S O V N F m Q3 ,rio_ 0 o N U I Q C N N C C ONa of x zm� � /1 E n o VO cl �' CD p i ' ti r W LLL d ^"d y f /It O 5O / � f� ! s, j y Qoa) O Y_ f= O 0� 1SHa&VNo l a cc Q C) O O 46 _ o m 4f ° p" � ya 3 1f�d1 .'�j T'I7J tI 14 t o ` t Pitkin County Mailing List of 300 Feet Radius From Parcel: 273707328008 on 03/01/2019 Z' KIN COUNT CvD*C'\J Instructions: This document contains a Mailing List formatted to be printed on Avery 5160 Labels. If printing, DO NOT "fit to page"or "shrink oversized pages." This will manipulate the margins such that they no longer line up on the labels sheet. Print actual size. Disclaimer: Pitkin County GIS presents the information and data on this web site as a service to the public. Every effort has been made to ensure that the information and data contained in this electronic system is accurate, but the accuracy may change. Mineral estate ownership is not included in this mailing list. Pitkin County does not maintain a database of mineral estate owners. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content at this site or at other sites to which we link. Assessing accuracy and reliability of information and data is the sole responsibility of the user. The user understands he or she is solely responsible and liable for use, modification, or distribution of any information or data obtained on this web site. http://www.pitkinmapsandmore.com JPS NEVADA TRUST PLACE BRADLEY E JR REV TRUST KATIE REED BUILDING LI-C 1701 N GREEN VALLEY PKWY#9C 5701 S COLORADO BLVD 407 S HUNTER ST#3 HENDERSON,NV 89074 LITTLETON,CO 80121 ASPEN,CO 81611 GRAND SLAM HOLDINGS LLC GRAND SLAM HOLDINGS LLC MONARCH BUILDING LLC 215 S MONARCH ST#101 215 S MONARCH ST#101 PO BOX 126 ASPEN,CO 81611 ASPEN,CO 81611 WOODY CREEK,CO 81656 ORR ROBERT L CARVER RUTH A REV TRUST HILLSTONE RESTAURANT GROUP INC 2700 G ROAD#12A 116 S ASPEN ST 3539 NORTHSIDE PKWY GRAND JUNCTION,CO 81506 ASPEN,CO 81611 ATLANTA,GA 30327 COLORADO MOUNTAIN NEWS MEDIA CO HART GEORGE DAVID&SARAH 201 E MAIN HOLDINGS LLC 580 MALLORY WY PO BOX 5491 2416 E 37TH ST N CARSON CITY,NV 89701 SNOWMASS VILLAGE,CO 81615 WICHITA,KS 67219 DAVIDSON ARIAIL SCOTT ROBERTS JANET A HILLSTONE RESTAURANT GROUP INC PO BOX 5141 215 S MONARCH ST#G101 3539 NORTHSIDE PKWY ASPEN,CO 81612 ASPEN,CO 81611 ATLANTA,GA 30327 232 EAST MAIN STREET LLC WHITMAN WENDALIN TRUE JAMES R 2001 N HALSTED#304 PO BOX 472 PO BOX 2864 CHICAGO,IL 60614 ASPEN,CO 81612 ASPEN,CO 81612 ORR ROBERT L ROCKING LAZY J PROPS LLC ORR ROBERT L 2700 G ROAD#12A 202 E MAIN ST 2700 G ROAD#12A GRAND JUNCTION,CO 81506 ASPEN,CO 81611 GRAND JUNCTION,CO 81506 JOHNSON PETER C&SANDRA K PEARCE FAMILY TRUST WHITMAN WENDALIN 51 OVERLOOK DR 216 E MAIN ST 210 E HYMAN AVE#101 ASPEN,CO 81611-1008 ASPEN,CO 81611 ASPEN,CO 81611 MONARCH BUILDING LLC 208 MAIN LLC HILLSTONE RESTAURANT GROUP INC PO BOX 126 623 E HOPKINS AVE 3539 NORTHSIDE PKWY WOODY CREEK,CO 81656 ASPEN,CO 81611 ATLANTA,GA 30327 HILLSTONE RESTAURANT GROUP INC SEDOY MICHAEL KATIE REED PLAZA CONDO ASSOC 3539 NORTHSIDE PKWY 35 SUTTON PL#19B 301 E HOPKINS AVE ATLANTA,GA 30327 NEW YORK,NY 10022 ASPEN,CO 81611 MOJO ASPEN LLC PARK CENTRAL CONDO ASSOC 314 HEXAGON LLC 2.15 S MONARCH#G102 215 S MONARCH ST STE 203 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