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Home My WebLink AboutLand Use Case.533 E Main St.0014.2018.ASLU0014.2017.ASLU 533 E MAIN ST GMQS, VESTED RIGHTS EXTENSION 1= 1 5,16 - 2737 07 733 1801 . k- 1 4 0 Z Ad 4.Al o-<A 5 1 101 /;4. =OB/.-2 /1.-1 ---_ _ J G Permits 7 73-7 07 3 1 201 00'' Â·2017. 01-bud m x Eile Edit Record Navigate Fnrm Reporis Format Iab Help i * .) B>< B e 2.21 k P t. 90,~ i 49 49 ..3 18 5%-~ 1 11 1 , 4 E *1 1& lump 2 _C 40 ~ i U 16~ '21*.1 -41 3 *1 -1*.,mi~/16 0 _,~ ..4 -,0 4/ ~ Custom Fields IRouting Status ~ Fee SummarM I Acbons I Routing Mistory I Permit type ~slu |, Aspen Land Use Permit# 0014.2017.ASLU Address 533 E MAIN Apt/Suite City ASPEN State CO Zip 81611 2- Permit infurmation ~-1 Master permit , Routing queue aslul 5 Applied 0 3/0272017 -- lei 1 Z Project 1.. Status pending Approved 91. Description APPLICATION FOR GMQSAND VESTED RIGHTS EXTENSION - FORAMY'S REVIEW Issued Closed/Final lili Submitted FATHERJOHN HILTON 925 7339 Clock Running Days ~-----0~ Expires 02/25/2018 Submitted via ~ ~2 K Owner Lastname ST MARY CATHOLIC CHURC First name Phone (970) 925-7339 Address Applicant Â® Owner is applicant? E Contractor is applicant? Last name ST MARY C.ATHOLIC CHURC First name Phone (970) 925-7339 Cust # 30581 Address Email Lender Last name First name Phone l) Address Enter the permit type code AspenGold5 [server) _angelas 'Illof 1 0Â£:0 0060'02-Y 2Â£4 + o 41560 00 29,~A 4%1150 -00 x64[00111 sdnoig qell ..- '1 r ill'll L. RECEPTION#: 639300, R: $28.00, D- $0.00 DOC CODE: ORDINANCE Pg 1 of 4, 06/21/2017 at 02:17:27 PM Janice K. Vos Caudill, Pitkin County, CO ORDINANCE #12 (SERIES OF 2017) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING GROWTH MANAGEMENT AND VESTED RIGHTS FOR AN ESSENTIAL PUBLIC FACILITY AT 104 S. GALENA STREET AND 533 E. MAIN STREET, ST. MARY'S CATHOLIC CHURCH, LOTS A-I, BLOCK 93, CITY AND TOWNSITE OF ASPEN, COLORADO Parcel ID: 2737-073-31-801 WHEREAS, the Community Development Department received an application for Growth Management review and Vested Rights for an expansion to St. Mary's Catholic Church. St. Mary's proposes the construction of a social hall to accommodate new classroom and gathering spaces. The application was submitted by Father John Hilton on behalf of St. Mary's Catholic Church, authorized by The Archdiocese of Denver and represented by Charles Cunniffe Architects and Stan Clauson Associates. The application requires the following land use review approvals: â€¢ Growth Management Review - Essential Public Facility, pursuant to Municipal Code Section 26.470; and. â€¢ Extension or Reinstatement of Vested Rights pursuant to Municipal Code Section 26.308.010.C.: and WHEREAS, all code citation references are to the City of Aspen Land Use Code in effect on the day of initial application - May 5, 2015, as applicable to this Project; and, WHEREAS, pursuant to Chapter 26.304.060 of the Land Use Code, the Community Development Director has elected to allow combined reviews in this case where more than one development approval is being sought simultaneously; and, WHEREAS, the Community Development Department received referral comments in August 2015 from the Aspen/Pitkin County Housing Authority board related to the Growth Management component of Council's review. The board recommended an employment audit two years after completion of the project, to determine if any affordable housing mitigation is warranted; and, WHEREAS, On March 9, 2016, the Historic Preservation Commission provided a recommendation to Council regarding Growth Management as part of their evaluation of the project for Conceptual Major Development, Special Review and Viewplane compliance. HPC recommended that City Council approve the application with the condition recommended by the Aspen/Pitkin County Housing Authority board; and WHEREAS, the Community Development Department reviewed the application and the recommendations ofAPCHA and HPC and recommended approval with conditions; and, Ordinance #12, Series 2017 Page 1 of4 WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of APCHA, the HPC, and the Community Development Director, and has taken and congidered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby grants approval for Grow-th Management Essential Public Facility and Vested Rights for the development of the site subject to the conditions of approval as listed herein. 1. Two years after Certificate of Occupancy, an employee audit shall be conducted showing the current FTE head count at that time. If additional employees, beyond the 3.575 FTE's represented in this application are identified, mitigation will be required at the rate the Municipal Code requires at the time of this approval. Mitigation will be required in the form of on-site housing or by the purchase of the Affordable Housing Credit Certificates, to be reviewed and approved according to the provisions of the Municipal Code and Aspen Pitkin County Housing Authority guidelines as applicable. 2. The auditor and audit will be reviewed and approved by APCHA. Any costs associated with the audit will be at the expense of the applicant. The Housing Authority shall request the audit from theapplicant and the applicant shall provide the Housing Authority and the Community Development Department with the audit report. Failure to request the audit shall not render any o f the approvals invalid. The Housing Authority and Community Development shall forward the audit to the Housing Board and/or City Council for review, as applicable. 3. Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Applicant is required to obtain Final Major Development Review from HPC following approval of the reviews outlined herein. The applicant must apply for Final review no later than one (1) year following HPC's approval of Conceptual Major Development, which occurred on June 8, 2016. Failure to file such an application within this time period shall render the Conceptua[ Major Development approval, and therefore this Growth Management and Vested Rights approval null and void. This deadline may be extended pursuant to Section 26.415.070.D and 26.445.090.C of the Municipal Code. Ordinance # [2, Series 2017 Page 2 of 4 The proposed new social hall could be viewed as net leasable commercial space, however religious uses in Aspen have generally been considered to be "Essential Public Facilities," a status which allows City Council to assess, waive or partially waive affordable housing mitigation requirements as is deemed appropriate and warranted for the purpose of promoting civic uses and in consideration o f broader community goals. An Essential Public Facility, according to the Municipal Code, is a facility which serves an essential public purpose, is available for use by or benefit of the general public, and serves the needs of the community. Christ Episcopal Church at 536 W. North Street, Crossroads Church at 726 W. Francis Street, and Aspen Jewish Community Center at 435 W. Main, are all examples o f similar facilities that have recently been given this designation at the time that their structures were expanded. The Community Development Director identified St. Mary's as an Essential Public Facility and staff, APCHA and HPC reviewed this project and prepared recommendations to City Council with this understanding. According to the Growth Management chapter of the -Municipal Code, the employee generation rates identified for new development in Aspen may be used as a guideline for an Essential Public Facility, but each operation shall be analyzed for its unique eniployee needs. At the time of the APCLIA board review and comment on St. Mary's project, in September 2015, the proposed social hall was different than the design that received HPC Conceptual approval. Initially, the new construction was to be about 2,500 square feet above grade and 4,000 square feet below grade. A historic property creating new net leasable space in this configuration in the Commercial Core zone district would be required to mitigate by providing housing for approximately 11.76 Full-Time Equivalent employees (the APCLIA referral contains a minor math error and states a mitigation of 10.92 FTE's.) APCHA recognized the applicant's argument that the current church staff (three full-time and two part-time employees) and the many volunteers who serve the church would be able to manage the new needs generated by periodic use of the social hall. To some extent, the new meeting areas being constructed are alleviating overcrowded activities that are already occurring in the existing church structure or in temporary tents when needed for special events. The Housing Board did suggest an employee audit be conducted two years after the Certificate of Occupancy, and if additional employees have been generated, the applicant will need to provide on-site employee housing or mitigation for those new employees through the purchase of a Certificate of Affordable Housing Credit. As this project evolved through the HPC review process, most of the new construction was moved below grade to reduce visual impacts on the historic resource, leaving about 1,300 total square feet on the ground floor and 7,000 square feet at the basement level. Commercial development of this scale would require mitigation for approximately 14.97 employees HPC concluded their Growth Management review in March 2016, found that these generation rates were not representative of how the space would be used, and agreed with the condition for an audit in the future, as does the applicant. Planning staff did suggest the possibility of formally deed-restricting some of the existing free market housing on the site contained in the Rectory as part of the construction of the addition, but this did not gain support from APCLIA or HPC. 2 MEMORANDUM TO: Mayor Skadron and City Council THRU: Jessica Garrow, Community Development Director FROM: Amy Simon, Historic Preservation Officer RE: 104 S. Galena Street and 533 E. Main Street, St. Mary's Catholic Church- Growth Management and Vested Rights, Second Reading of Ordinance #12, Series of 2017 DATE: May 8, 2017 SUMMARY: St. Mary's Catholic Church is pursuing approval for an addition that will function as a social hall to accommodate new classroom and gathering spaces. St. Mary' s is a designated landmark and is located in the Commercial Core Historic District. HPC has granted Conceptual design approval, Special Review and View Plane Exemption for the project. HPC's initial March 2016 decision was called up by City Council with regard to the location of the above ground portion of the new social hall and the decision was remanded for additional consideration. HPC revised their approval, consistent with Council's direction, in June 2016. The project still requires Growth Management approval from Council, and the applicant also requests that Council address their period of Vested Rights. After this review step is complete, St. Mary' s must return to HPC with their Final selections for materials, fenestration, exterior lighting and landscape. APPLICANT: Father John Hilton on behalf of St. Mary's Catholic Church, authorized by The Archdiocese of Denver and represented by Charles Cunniffe Architects and Stan Clauson Associates. ADDRESS: 104 S. Galena Street and 533 E. Main Street, Lots A-I, Block 93, City and Townsite of Aspen, Colorado . PARCEL ID: 2737-073-31-801. ZONING: CC, Commercial Core. STAFF REVIEW: St. Mary' s has received previous land use approvals for the addition o f an elevator serving the church structure and for the construction of the of the garage and employee units at the center of the property. These expansions were exempt from GMQS because they were not net leasable commercial space or free market housing requiring mitigation. 1 Section 2: No later than fourteen (14) days following Final Major Development approval by the Historic Preservation Commission, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to Chapter 26.308, Vested Property Rights. Pursuant to Â§ 26.304.070(A), Development Orders, such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of five (5) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 104 S. Galena Street and 533 E. Main Street, St. Mary's Catholic Church, Lots A-I, Block 93, City and Townsite of Aspen, Colorado. Nothing in this approval shall exempt the Development Order from subsequent reviews and approvals required by this Ordinance of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this Ordinance. The vested rights granted hereby shall be subject to all rights of referendum and judicial review. The period of time permitted by law to exercise the right of referendum to refer to the electorate this Section of this Ordinance granting vested rights; or, to seek judicial review of the grant of vested rights shall not begin to run until the date of publication of the notice of final development approval as set forth above. The rights of referendum described herein shall be no greater than those set forth in the Colorado Constitution and the Aspen Home Rule Charter. 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 Community Development Department, the Historic Preservation Commission, or the Aspen City Council are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions or an authorized authority. Section 4: This Ordinance 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 Ordinance 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. Ordinance #12, Series 2017 Page 3 of4 Section 6: A public hearing on this ordinance shall be held on the Sth day of May, 2017, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 24th day of April, 2017, Attest: o (-4 rtinc),4 0--t 4 L 4 Linda Manning, City~lerk Steved-Kkhd~,1Nlayor FINALLY, adopted, passed and approved this ~ day of ~(10/ ., 2017. Attest: (*PARAA ~/21/41 6/ 4 / -1 2 Ctinda Manning, City Cl~* Steven~Skadro~, Mayor Approved as to form: A- 25Â©- James R. True, City Attorney Ordinance#12, Series 20 17 Page 4 of4 :79*?li~ -*I'/li ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: St. Mary Catliolic Church Addition : Applicant: Father John Hilton on behalf of The Archdiocese of Denver Location: 104 S. Galena St./533 E. Main St. Zone District: Commercial Core/Historic District Lot Size: 27,000 SF Lot Area: 27,000 SF (Forthe purpose of calculating Floor Area, Lot Area may be reduced for areas within the high-water mari<, easement, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: N/A Proposed: N/A Numberof residential units: Existing: 1 Proposed: 1 Numberof bedrooms: Existing: 5 Proposed: 5 Proposed % of demolition (Historic properties only): N/A DIMENSIONS: Floor Area: Existing: 16,365 SF Allowable: 74,150 SE Proposed 17,365 SF Principal bldg. height: Existing: N/A Allowable. N/A Proposed N/A Access. Bldg. height: Existing: O Allowable: 28 ft. Proposed 25'-2" On-Site parking: Existing: 3 Required. 3 Proposed 3 % Site coverage: Existing: N/A Required: N/A Proposed NIA % Open Space: Existing: N/A Required: N/A Proposed N/A Front Setbacl<: Existing: N/A Required NA Proposed N/A Rear Setback: Existing: N/A Required: N/A Proposed N/A Combined F/F: Existing: N/A Required N/A Proposed N/A Side Setback: Existing: N/A Required. N/A Proposed N/A Side Setback: Existing: N/A Required N/A croposed N/A Combined Sides: Existing: N/A Required N/A Droposed N/A Distance between Bldgs. Existing: N/A Required: N/A Proposed N/A Existing: N/A Required: N/A Proposed: N/A Existing non-conformities or encroachments: The south end of the existing church building encroaches into the alley R.O.W. by 0.75 ft. and the north entrance porch rooUsteps encroach into the Main Street. Variations requested: N/A Marti|~20169tt 63Â§~ Cil'Vof ADA I 130 Si%alena St. 1 (970t920 5050 -- - - -_5 19*kaak-Â·Â· ATTACHMENT 2 - 1.AND USE APPLICATION PROJECT: Name: 5t. Mary Catholic Church Addition and Remodel Location: 104 S. Galena St./533 E. Main St., Lots A,B,C,D,E,F,G,1-1 and 1, Block 93, City and Townsite of Aspen Parcel ID U (REQUIRED) 2737-07-331-801 APPLICANT: Name: Father John Hilton on behalf of the Archdiocese of Denver Address: 104 5. Galena St./533 E, Main St, Aspen, CO 81611 Phone#: (970)925-7339 REPRESENTIVATIVE: Name: Stan Clauson Associates, Inc. Address: 412 N Mill St, Aspen, CO 81611 Phone#: 970-925-2323 [I] GMQS Exemption U Conceptual PUD CE] Temporary Use El GMClS Allotment D Final PUD (& PUD Amendment) Special Review Subdivision El Conceptual SPA ~ ESA-8040 Greenline, Stream E] Subdivision Exemption (includes D Margin, Hallam Lake Bluff, Condominiumization) U Mountain View Plane E] Final SPA (&SPA [23 Commercial Design Review [23 lot Split Amendment) U Residential Design Variance ~ Lot Line Adjustment E] Small Lodge Conversion/ Expansion El Conditional Use Other: E <ISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) ExistinR buildings include the church. apartment building and rectory PROPOSAL: {Description of proposed buildings, uses, modifications, etc.) Proposed addition of a social hall building between, and attached to the existing church and apartment building: interior remodeling of the church ground floor and sanctuary. Have you attached the following? FEES DUE: $ ~ Pre-Application Conference Summary U Attachment #1, Signed Fee Agreement O Response to Attachment #3, Dimensional Requirements Form ~ Response to Attachment #4, Submittal Requirements - Including Written Responses to Review Standards ~ 3-D Model for large project All plans that are largerthan 8.5" X 11" must be folded. A disk with an electric copy of all written text {Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submita 3-D model, L __ __~OS. Galetia St.1197019205050 Subsection 26.470.030.D and the development ceiling levels established purstrant to Subsection 26.470.030.C. The exempted residential units shall provide affordable housing mitigation, pursuant to the requirements of PaiÂ·agiÂ·aph 26.470.060.2. This exemption shall only apply to the specific residences approved thiÂ·ough this provision. Other residences within a project not specifically exempted through this provision shall reguire growth management approvals pursuant to this Chapter. The criteria for determining the significance of a preservation parcel and the associated development rights to be granted may include: Not applicable. No residences are proposed to be constructed. 26.470.100. Calculations. A. Employee generation mid mitigation. Whenever employee housing or fee-in-lieu is required to mitigate for employees generated by a development, there shall be an analysis and credit for employee generation of the existing project, prior to redevelopment, and an employee generation i analysis of the proposed development. The employee mitigation requirement shall be based upon the incremental employee generation difference between the existing development and the proposed development. 1. Employee generation. The following employee generation rates are the result of the Employee Generation Study, an analysis sponsored by the City during the fall and winter of 2012 considering the actual employment requirements of over one hundred (100) Aspen businesses. This study is available at the Community Development Department. Employee generation is quantified as full-time equivalents (FTEs) per one thousand (1,000) square feet of net leasable space 01Â· per lodge bedroom. The Aspen Pitkin County Housing Authority (APCHA) has previously determined , that the current staffing of the Church (three full-time and two part-time employees) is equivalent to 3.575 FTE's. Housing needs are currently met for existing employees. 81Page Growth Management Essential Public Facility St. Mary Catholic Church / 533 E. Main Street, Aspen 14 February 2017 programs, which also consist of, bul are not limited to, religious education classes, various parish meetings, AA and Al-anon meetings, the Aspen Homeless Shelter, and occasional special speaking engagements, badly needed space. b. Upon a recommendation from the Community Development Director, the City Council may assess, waive or partially waive affordable housing mitigation requirements as is deemed appropriate and warranted for the purpose of promoting civic uses and in consideration of broader community goals. The employee generation rates may be used as a guideline, but each operation shall be analyzed for its unique employee needs, pursuant to Section 26.470.100, Calculations. As previously stated, the Church plays a very unique role in the Community. The Aspen Pitkin County Housing Authority (APCHA) has previously determined that the current staffing of the Church (three full-time and two part-time employees) is equivalent to 3.575 FTE's. The Housing Board has recommended no mitigation requirement based on the Church's claim that no additional employees will be required to accommodate the additional meeting space. The Housing Board did suggest, and Staff has agreed, that an employee audit be conducted two years after receiving Certificate of Occupancy, and if additional employees have been generated, the applicant would need to provide additional on-site employee housing or mitigation through the purchase of a Certificate of Affordable Housing Credit. The Church supports the concept of the audit as the Church is very confident that current staff needs are adequate. c. The applicant has made a reasonable good-faith effort in pursuit of providing the required affordable housing through the purchase and extinguishment of Certificates of Affordable Housing Credit. The Church currently maintains an off-site deed restricted affordable housing unit which is occupied by employees of the Church. These employees have met all applicable APCHA qualifications. The Church also maintains an onsite, non-deed restricted unit, that is available for staff needs. Many of the Church functions are administered and/or staffed by members of the parish and other volunteers that have their own housing. d. The proposal furthers affordable housing goals, ancl the fee-in-lieu payment will result iii the near-term production of affordable housing units. Not applicable. The City Council may accept any percentage of a project's total affordable housing mitigation to be provided through n fee-in-lieu payment, including all or none. Unless otherwise required by this Title, the provision of affordable housing mitigation via a fee-in-lie ii payment for 0.25 FTEs or less shall not require City Council approval. 2. Preservation of significant open space parcels. On a project-specific basis and upon a recommendation from the Planning and Zoning Commission, the City Council shall approve, approve with conditions or deny development of one (1) or more residences in exchange for the permanent preservation of one (1) or more patÂ·cels considered significant for the preservation of open space. The preservation parcel may lie outside the City jurisdiction. The exempted residential units shall be deducted from the respective annual development allotment established pursuant to 71Page Growth Management, Essential Public Facility St. Mary Catholic Church / 533 E. Main Street, Aspen 14 February 2017 26.470.070.4. Affordable housing. The development of affordable housing deed-restricted in accorclance with the Aspen/Pitkin County Housing Authority Guidelines shall be approved, approved with conditions or denicel by the Planning and Zoning Commission based on the following ciÂ·iteria: a. The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing Authority. A recommendation from the Aspen/Pitkin County Housing Authority shall be required for this standard. The Aspen/Pitkin County Housing Authority may choose to hold a ptiblic hearing with the Board of Directors. No additional affordable housing units will be developed. 1 e. Non-Mitigation Affordable Housing. Affordable housing imits that are not required for mitigation, but meet the requirements of Section 26.470.070.4(a-d). The owner of such nonmitigation affordable housing is eligible to receive a Certificate of Affordable Housing Credit pursuant to Chapter 26.540. A non-deed restricted employee housing unit exists on site thai will continue to house the employees of the Church. The Church is not seeking any Affordable Housing Credits for this unit. Sec. 26.470.090. City Council applications. The following types of development shall be approved, approved with conditions or denied by the City Council, pursuant to Section 26.470.110, Procedures for review, and tile criteria for each type of development described below. Except as noted, all growth management applications shall comply with the general requirements of Section 26.470.050. Except as noted, all City Council growth management approvals shall be deducted from the respective annual development allotments and development ceiling levels. 1. Multi-year development allotment. The City Council, upon a recommendation from the Planning and Zoning Commission, shall approve, approve with conditions or deny a multi-year development allotment request based on the following criteria: Multi-year development allotments are not sought as a part of this application. 1. Essential public facilities. The development of an essential public facility, upon a recommendation fiÂ·om the Planning and Zoning Commission, shall be approved, approved with conditions or denied by the City Council based on the following criteria: a. The Community Development Director has determined the primary use and/or structure to bean essential public facility (see definition). Accessory uses may also be part of an essential public facility project. The proposed addition is an essential public facility as defined in Sec. 26.104.100-A facility which serves an essential public purpose is available for use by or benefit of, the genera/ public and serves the needs of the community. The Church plays a very unique role in the Community. Beyond being a living touchstone to Aspen's mining, ranching, and early resort development days, with many current parishioners coming from families that were integral to the development of Aspen, the Church also provides many community based functions, the most visible being the annual St. Patrick's Day celebration. The creation of a largely subgrade parish social hall will provide current parish 61Page Growth Management, Essential Public Facility St. Mary Catholic Church / 533 E. Main Street, Aspen 14 February 2017 ChapteiÂ· 26.540, sitch Certificate shall be extinguished puiÂ·suant to Chapter 26.540.90 Criteria for Administrative Extinguishment of the Ce,Â·tificate. No additional employees are anticipated to be required following the construction of the proposed development. The Church is considered a civic use and an Essential Public Facility. This designation allows City Council to assess, waive, or partially waive affordable housing mitigation requirements as the function of, the Church supports broader community goals. The Aspen Pitkin County Housing Authority (APCHA) has previously determined that the current staffing of the Church (three full-time and two part-time employees) is equivalent to 3.575 HE's. The Housing Board has recommended no mitigation requirement based on the Church's claim that no additional employees will be required to accommodate the additional meeting space. The Housing Board did suggest, and Staff has agreed, that an employee audit be conducted two years after receiving Certificate of Occupancy, and if additional employees have been generated, the applicant would need to provide additional on-site employee housing or mitigation through the purchase of a Certificale of Affordable Housing Credit. The Church supports the concept of the audit as the Church is very confident that current staff needs are adequate. 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 fiÂ·ee-market residential net livable area, for which the finished floor level is at or above natural oiÂ· 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 i Employee/Square Footage Conversion. No free-market development is proposed. No employee housing mitigation is proposed to be constructed as current staffing, which is provided by employees of the church and through volunteers, is currently adequately housed. 7. The project represents minimaladditional demand on publicinfrastructure, or such additional demand is mitigated through improvement proposed as part of the project. Public infiÂ·astructure 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. The project represents minimal additional demand on public infrastructure as the proposed development will be to support a current civic use. Sufficient water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking and road and transit services will or have been provided. Improvements to the pedestrian network is being completed in conjunction with the interior remodel of the church which is being pursued separate from the proposed development. 51Page Growth Management, Essential Public Facility St. Mary Catholic Church / 533 E. Main Street, Aspen 14 February 2017 the proposed development. A proposal may fall into multiple categories and therefore Imve multiple processes and standards to adhere to and meet. A. General requirements: All development applications for growth management review sliall comply with the following standards. The reviewing body shall approve, approve with conditions 01Â· 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 matiagement 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. Sufficient Growth Management allotments are available to accommodate the proposed development without requesting multi-year allotments. 2. The proposed development is compatible with lanil uses in the surrounding area, as well as with any applicable adopted regulatory master plan. The proposed development adheres to current land uses in the surrounding area, as well as applicable adopted regulatory master plans. The proposed development is intended to support the current and ongoing activities pursued by the Church, an important historic and cultural resource of the City of Aspen. The activities that will utilize the additional space get at the heart of what the Aspen community is about and embodies the ethos left to us by Walter Paepcke of mind, body, and spirit. 3. The development conforms to the requirements and limitations of the zone district. The development conforms to the requirements set forth in the Commercial Core (CC) zone district. The CC zone district allows development up to a floor area ration of 2.75:1. For the Church site, this would equate to up to approximately 74,000 SF of floor area. The current proposal will add approximately 3,200 SF. Total floor area will therefore be less than 20,000 SF, well below development maximums. No setbacks are applicable to the Church site and no minimum public amenity or open space requirements exist for the site. 4. The proposed development is consistent with the Conceptual Historic Preservation Commission approval, the Conceptual Commercial Design Review appiÂ·oval and the Planned Development - Project Review approval, as applicable. The proposed development conforms with Resolution #19, Series of 2016. The proposed additions will be constructed in conformance with the configuration of the addition shown as Option A in the 9 March 2016 staff memorandum. 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 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 41Page Growth Management, Essential Public Facility St. Mary Catholic Church / 533 E. Main Street, Aspen 14 February 2017 Code Response 26.308.010.C. Extension or reinstatement of vested lights. The City Council may, by resolution ata public hearing noticed by publication, mailing and posting (See SubparagiÂ·aphs 26.304.060IE]13][a]Ib] and le]) approve an extension or reinstatement of expired vested rights or a revoked development order in accoiÂ·dance with this Section. 1. 111 reviewing a request for the extension or reinstatement of vested rights the City Council shall consider, but not be limited to, the following criteria: a) The applicant's compliance with any conditions requiring performance prior to the date ~ of application for extension or reinstatement; Extended vesting of ten (10) years is requested prior to final approval. Vesting will be conditioned on final approval being granted by HPC and applicant will fulfill any and all conditions imposed. b) The progress made in pursuing the project to date including the effort to obtain any other peiÂ·mits, including a building peiÂ·mit and the expenditures made by the applicant in pursuing the project; The Parish has pursued a very involved interior remodel aimed at restoring the historic appearance of the interior. The interior remodel is estimated to cost $6 million. This is a very costly and time consuming effort. The subgrade parish hall and associated development will likewise be very expensive and involved. As such, fund raising, engineering studies, and architectural detailing will take substantial time and effort. c) The nature and extent of any benefits already received by the City as a result of the , project approval such as impact fees or land dedications; The Church plays a very unique role in the Community by providing many community-based functions, the most notable being the annual St. Patrick's Day celebration, religious education classes, various parish meetings, AA and Al-anon meetings, the Aspen Homeless Shelter, and occasional special speaking engagements. The new parish hall will provide much needed space for all of , these programs and more. d) The needs of the City and the applicant that would be served by the approval of the extension or reinstatement request. Extended vesting will allow for fundraising and engineering studies to occur that ' will ultimately benefit the community by enhancing and supporting the expansion of this important civically oriented organization. 26.470.050. General requirements. A. Purpose: The intent of growth management is to provide for orderly development and redevelopment of the City while providing mitigation from the impacts said development and redevelopment creates. Different types of development are categorized below, as well as the necessary review process and review standards for 31Page Growth Management, Essential Public Facility St. Mary Catholic Church / 533 E. Main Street, Aspen 14 February 2017 The Housing Board did suggest, and Staff has agreed. that an employee audit be conducted two years after receiving Certificate of Occupancy, and if additional employees have been generated, the applicant would need to provide additional on-site employee housing or mitigation through the purchase of a Certificate of Affordable Housing Credit. The Church supports the concept of the audit as the Church is very confident that current staff needs are adequate. The Applicants have worked to design a project that meets City goals with respect to redeveloping a historic building and that provides for the important civic uses pursued by the parish. 2 1 P ci g e Growth Management, Essential Public Facility St. Mary Catholic Church / 533 E. Main Street, Aspen 14 February 2017 PROJECT OVERVIEW This application is submitted for Growth Management, Essential Public Facility, and extended vested rights in connection with the expansion of St. Mary Catholic Church (the "Church') to provide additional meeting space for parish activities and occasional special events. Ten (10) years of extended vesting is requested. The additional space will be located partially above grade, to the west : of the historic Church, with a majority of development being located in a below grade parish hall. The additional space is needed lo accommodate existing parish activities and occasional special events and no new employees will be required in connection with the addition as many of the Church functions are administered and/or slaffed by parishioners and other volunteers, An interior remodel of the Church is also being pursued independent of the exterior additions to the Church. The intent of the interior remodel is to bring back a historically appropriate appearance while upgrading Church systems. The Church is situated on the corner of Main Street and Hunter Street within the commercial core zone and Main Street Historic District. This application is prepared in conformance with pre- application conference summary dated 25 October 2016. Conceptual Major Development, Special Review for parking, and Viewplane Exemption were approved by the Historic Preservation Commission (HPC) by Resolution #19, Series of 2016. This Conceptual Approval was granted following the City Council conducted call-up review of the initial ' HPC approval which approved the above grade portions of the addition to the Church adjacent to ' Main Street. During Conceptual reviews, this option was referred to as Option B. Council requested I HPC to reconsider their initial approval and provided a recommendation that the above grade portion i of the addition be located to the rear of the property, adjacent to the alley. This configuration was i referred to as Option A during Conceptual reviews. At a public hearing held 8 June 2016, the HPC revised their initial approval encompassed in Resolution #8, Series of 2016, and required the above grade addition to conform with Option A, as presented in the 9 March 2016 staff memorandum. The Church is considered a civic use and an Essential Public Facility. This designation allows City Council to assess, waive, or partially waive affordable housing mitigation requirements as the function of the Church supports broader community goals. The Church plays a very unique role in the Community. Beyond being a living touchstone to Aspen's mining, ranching, and early resort development days, with many current parishioners coming from families that were integral to the development of Aspen, the Church also provides many community based functions, the most i visible being the annual St. Patrick's Day celebration. The creation of a largely subgrade parish i social hall will provide current parish programs, which consist of, but are not limited to, religious education classes, various parish meetings, AA and Al-anon meetings, the Aspen Homeless Shelter, and occasional special speaking engagements, badly needed space. The Church currently consists of the historic 10,950 SF church, the historic 3,160 SF rectory, and a 2,254 SF garage/parish employee housing unit. The housing unit is not deed restricted but will always be occupied by an employee of the parish. Due to the limited space and the active parish calendar, parish events are often forced to be held in less than ideal circumstances with religious education classes held in the hallway and with constant setup and take down to get ready for the next event. The additional space will provide approximately 9,000 SF of new meeting space, of which only 1,000 SF of new floor area will be added in the above grade addition. The Aspen Pitkin County Housing Authority (APCHA) has previously determined that the current staffing of the Church (three full-time and two part-time employees) is equivalent to 3.575 HE's. The Housing Board has recommended no mitigation requirement based on the Church's claim thal no additional employees will be required to accommodate the additional meeting space. 1IPage Growth Management, Essential Public Facility St. Mary Catholic Church / 533 E. Main Street, Aspen 14 February 2017 TABLE OF CONTENTS â€¢ Project Overview and Code Response â€¢ Attachment 2 - Land Use Application â€¢ Attachment 3 - Dimensional Requirements Form â€¢ Attachment 4 - Vicinity Map & Parcel Descriptions â€¢ Attachment 5 - Existing Conditions Survey â€¢ Attachment 6 - Architectural Plans & Renderings â€¢ Attachment 7 - Proof of Ownership â€¢ Attachment 8 - Letter of Authorization â€¢ Attachment 9 - Previous Approvals â€¢ Attachment 10 - Adjacent Propetty Owners â€¢ Attachment 11 - Pre-Application Conference Summary Growth Management, Essential Public Facility St. Mary Catholic Church / 533 E. Main Street, Aspen 14 February 2017 LAND USE APPLICATION GROWTH MANAGEMENT-ESSENTIAL PUBLIC FACILITY St. Mary Catholic Church / Archdiocese of Denver 14 February 2017 Location: 533 E. Main St., Aspen, Colorado 1 h f (1 Afl 59 4\41- h flk,5314 J -<.ST,6, (-1-j fili.' r j) f i, -3 3/ 4 1 4 < l~ ,< 52/ (\\ -12- Â·1 1 1,-*Â·-F7 11'i, ., 1 -B , Â«, 'IA 1.,6 ' 1.18 -Â· I Â· A=.c.n 1 1 -- Â·-r- c i 11:1 /1 0, 1 ..1 T. 'll 1 11 IZEâ„¢ ' 1 1 ' ...1*,91,6 1 0 4.4113 . .EL:M Â· $ Â·- I _ 1 An application for Growth Management, Essential Public Faci/ity and extended vested rights for redevelopment of St. Mary's Church within the Main Street Historic District. Represented By: 1 STAN CLAUSON ASSOCIATESific 5,/pe aictii!*ture.pljnning.iescit dulgn 4. 2~1 411 110.th M 11 Street Aspen. Colorado 81621 L 9;//925 2321 1.970/920Â·1628 /8. 2293@ info@scaplal'ing.com v,â€¢,v.,caplannint.com d. The needs of the city and the applicant that would be served by the approval of the extension or reinstatement request. Staff Finding: The applicant's request for additional time to fundraise for this civic project is valid. The proposed addition to the church does not appear to be in conflict with any of the code amendments approved as part ofthe recent moratorium. Only about 1,300 square feet will be added to the church above grade. The above grade expansion is below the height of the existing Courthouse viewplanes which cross the property, and Council has not been discussing dropping the height of those planes. Staff finds this criterion to be met. 2. An extension or reinstatement may be in the form of a written agreement duly authorized and executed by the applicant and the City. Reasonable conditions may be imposed by the City Council including, but not limited to, compliance with any amendments to this Title adopted subsequent to the effective date of the development order and associated vested rights. Staff Finding: Approval of a ten year period of Vested Rights is noted in the attached Ordinance. Vested Rights will be go into effect at the time that a Development Order for the project is issued, after HPC Final approval. Staff finds this criterion to be met. 3. If the request is for reinstatement of a revoked development order, the City Council shall determine the financial impacts of the investigation and may require the applicant to pay the reasonable costs of investigation, enforcement and reporting by City staff. Staff Finding: This is not a request for reinstatement. Staff finds this criterion to be not applicable. provisions ofthe Municipal Code and Aspen Pitkin County LIousing Authority guidelines as applicable. Section 26.308.010.C., Extension or Reinstatement of Vested Rights. The City Land Use Code provides that development applications for an extension of vested rights may be approved in accordance with the following standards and requirements. 1. In reviewing a request for the extension or reinstatement ofvested rights the City Council shall consider, but not limited to, the following criteria: a. The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement; Staff Finding: Following this review by Council, the application requires Final review by LIPC. At that time, any conditions of approval for the project will be incorporated into a Resolution and resolved as part of building permit review. Staff finds this criterion to be met. b. The progress made in pursuing the project to date including the effort to obtain any other permits, including a building permit, and the expenditures made by the applicant in pursuing the project; Staff Finding: In addition to the expansion discussed in this application, St. Mary's is undertaking a substantial interior remodel of the existing structure, including a number of safety and mechanical upgrades, at a cost of approximately $6 million. The social hall expansion is also a substantial expense and will require fundraising over a period of years. This is the primary reason for the request for Vested Rights lasting 10 years, rather than the standard period of 3 years. Staff finds this criterion to be met. c. The nature and extent of any benefits already received by the city as a result of the project approval such as impact fees or land dedications; Staff Finding: The project addressed in this application has not begun, so no fees have been collected. However, as part of the interior remodel permit that is currently being reviewed, the applicant will be repairing a number of deficiencies related to the sidewalks and drainage in the public rights-of-way along their Main Street and Hunter Street frontages. Aside from this development application, St. Mary' s Catholic Church provides innumerable benefits to the Aspen community. Staff finds this criterion to be met. EXHIBIT A Sec. 26.470.090.4. Essential public facilities. The development of an essential public facility, upon a recommendation from the Planning and Zoning Commission, shall be approved, approved with conditions or denied by the City Council based on the following criteria: a. The Community Development Director has determined the primary use and/or structure to be an essential public facility (see definition). Accessory uses may also be part of an essential public facility project. b. Upon a recommendation from the Community Development Director, the City Council may assess, waive or partially waive affordable housing mitigation requirements as is deemed appropriate and warranted for the purpose of promoting civic uses and in consideration ofbroader community goals. The employee generation rates may be used as a guideline, but each operation shall be analyzed for its unique employee needs, pursuant to Section 26.470.100, Calculations. Staff Finding: A recommendation to City Council was provided by HPC, rather than P&Z, because they are the review board with authority over landmark designated properties. The employee mitigation generated by this project given its Commercial Core location is arguably 14.97 employees, however St. Mary's social hall is highly unlikely to have the impacts of the sorts of retail, restaurant, office or lodge spaces that were referenced to establish the employee generation rates used for that calculation. Section 26.470.100.A of the Municipal Code notes the following considerations for employee generation at Essential Public Facitlities: a) The expected employee generation of the use considering the employment generation pattern of the use or of a similar use within the City or a similar resort economy. b) Any unique employment characteristics of the operation. c) The extent to which employees of various uses within a mixed-use building or of a related off-site operation will overlap or serve multiple functions. d) A proposed restriction requiring full employee generation mitigation upon vacation of the type o f business acceptable to the Planning and Zoning Commission. e) Any proposed follow-up analyses of the project (e.g., an audit) to confirm actual employee generation. An audit, as recommended by APCHA and HPC, and included in the attached Ordinance, has been identified to be the best way to evaluate whether this project does in fact cause the applicant to bring on additional staff to service the new space. A baseline of 3.575 FTE's are currently employed by St. Mary's. New employees added within two years of the issuance o f a Certificate of Occupancy must be mitigated at the rate the Municipal Code requires today. Mitigation will be required in the form o f on-site housing or by the purchase of the Affordable Housing Credit Certificates, to be reviewed and approved according to the Section 6: A public hearing on this ordinance shall be held on the 8th day of May, 2017, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 24th day of April, 2017. Attest: Linda Manning, City Clerk Steven Skadron, Mayor FINALLY, adopted, passed and approved this day of ,2017. Attest: Linda Manning, City Clerk Steven Skadron, Mayor Approved as to form: James R. True, City Attorney Ordinance #12, Series 2017 Page 4 of 4 Section 2: No later than fourteen (14) days following Final Major Development approval by the Historic Preservation Commission, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to Chapter 26.308, Vested Property Rights. Pursuant to Â§ 26.304.070(A), Development Orders, such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of ten (10) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 104 S. Galena Street and 533 E. Main Street, St. Mary's Catholic Church, Lots A-I, Block 93, City and Townsite of Aspen, Colorado. Nothing in this approval shall exempt the Development Order from subsequent reviews and approvals required by this Ordinance of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this Ordinance. The vested rights granted hereby shall be subject to all rights of referendum and judicial review. The period of time permitted by law to exercise the right of referendum to refer to the electorate this Section of this Ordinance granting vested rights; or, to seek judicial review of the grant of vested rights shall not begin to run until the date of publication of the notice of final development approval as set forth above. The rights of referendum described herein shall be no greater than those set forth in the Colorado Constitution and the Aspen Home Rule Charter. 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 Community Development Department, the Historic Preservation Commission, or the Aspen City Council are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions or an authorized authority. Section 4: This Ordinance 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 Ordinance 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. Ordinance #12, Series 2017 Page 3 of 4 WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of APCLIA, the HPC, and the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards; and, WIIEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby grants approval for Growth Management Essential Public Facility and Vested Rights for the development of the site subject to the conditions of approval as listed herein. 1. Two years after Certificate of Occupancy, an employee audit shall be conducted showing the current FTE head count at that time. If additional employees, beyond the 3.575 FTE's represented in this application are identified, mitigation will be required at the rate the Municipal Code requires at the time of this approval. Mitigation will be required in the form of on-site housing or by the purchase of the Affordable Housing Credit Certificates, to be reviewed and approved according to the provisions of the Municipal Code and Aspen Pitkin County Housing Authority guidelines as applicable. 2. The auditor and audit will be reviewed and approved by APCHA. Any costs associated with the audit will be at the expense of the applicant. The Housing Authority shall request the audit from the applicant and the applicant shall provide the Housing Authority and the Community Development Department with the audit report. Failure to request the audit shall not render any of the approvals invalid. The Housing Authority and Community Development shall forward the audit to the Housing Board and/or City Council for review, as applicable. 3. Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Applicant is required to obtain Final Major Development Review from HPC following approval of the reviews outlined herein. The applicant must apply for Final review no later than one (1) year following LIPC's approval of Conceptual Major Development, which occurred on June 8, 2016. Failure to file such an application within this time period shall render the Conceptual Major Development approval, and therefore this Growth Management and Vested Rights approval null and void. This deadline may be extended pursuant to Section 26.415.070.D and 26.445.090.C of the Municipal Code. Ordinance #12, Series 2017 Page 2 0 f 4 ORDINANCE #12 (SERIES OF 2017) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING GROWTH MANAGEMENT AND VESTED RIGHTS FOR AN ESSENTIAL PUBLIC FACILITY AT 104 S. GALENA STREET AND 533 E. MAIN STREET, ST. MARY'S CATHOLIC CHURCH, LOTS A-I, BLOCK 93, CITY AND TOWNSITE OF ASPEN, COLORADO Parcel ID: 2737-073-31-801 WHEREAS, the Community Development Department received an application for Growth Management review and Vested Rights for an expansion to St. Mary' s Catholic Church. St. Mary' s proposes the construction of a social hall to accommodate new classroom and gathering spaces. The application was submitted by Father John Hilton on behalf of St. Mary's Catholic Church, authorized by The Archdiocese of Denver and represented by Charles Cunniffe Architects and Stan Clauson Associates. The application requires the following land use review approvals: â€¢ Growth Management Review - Essential Public Facility, pursuant to Municipal Code Section 26.470; and, â€¢ Extension or Reinstatement of Vested Rights pursuant to Municipal Code Section 26.308.010.C.; and WHEREAS, all code citation references are to the City of Aspen Land Use Code in effect on the day of initial application - May 5, 2015, as applicable to this Project; and, WHEREAS, pursuant to Chapter 26.304.060 of the Land Use Code, the Community Development Director has elected to allow combined reviews in this case where more than one development approval is being sought simultaneously; and, WHEREAS, the Community Development Department received referral comments in August 2015 from the Aspen/Pitkin County Ilousing Authority board related to the Growth Management component of Council' s review. The board recommended an employment audit two years after completion of the project, to determine if any affordable housing mitigation is warranted; and, WHEREAS, On March 9, 2016, the Historic Preservation Commission provided a recommendation to Council regarding Growth Management as part of their evaluation of the project for Conceptual Major Development, Special Review and Viewplane compliance. HPC recommended that City Council approve the application with the condition recommended by the Aspen/Pitkin County Housing Authority board; and WHEREAS, the Community Development Department reviewed the application and the recommendations of APCHA and HPC and recommended approval with conditions; and, Ordinance #12, Series 2017 Page 1 of 4 The applicant's request for additional time to fundraise for this civic project is valid. The proposed addition to the church does not appear to be in conflict with any of the code amendments approved as part of the recent moratorium. Only about 1,300 square feet will be added to the church above grade. The above grade expansion is below the height of the existing Courthouse viewplanes which cross the property, and Council has not been discussing dropping the height of those planes. Staff finds this criterion to be met. STAFF RECOMMENDATION: Staff and HPC recommend Council grant Growth Management approval and Vested Rights as stated in the Ordinance. RECOMMENDED MOTION: "I move to adopt Ordinance #12, Series of 2017." CITY MANAGER COMMENTS: EXHIBITS: Ordinance #12, Series of 2017 Review Criteria and Findings Application HPC Resolution #8, Series of 2016 APCLIA Referral Comment 4 Un=> The Growth Management review criteria to be applied by City Council are identified in Exhibit A, along with staff findings. An audit, as recommended by APCHA and HPC, and included in the attached Ordinance, has been identified to be the best way to evaluate whether this project does in fact cause the applicant to bring on additional staff to service the new space. A baseline of 3.575 FTE's are currently employed by St. Mary's. New employees added within two years of the issuance of a Certificate of Occupancy must be mitigated at the rate the Municipal Code requires today. Mitigation will be required in the form of on-site housing or by the purchase of the Affordable Housing Credit Certificates, to be reviewed and approved according to the provisions of the Municipal Code and Aspen Pitkin County Housing Authority guidelines as applicable. At First Reading, Council members asked about the outcome of previous audit requirements. APCHA reports that, to date, no audit has ever resulted in a requirement for mitigation. It is an applicant's responsibility to provide data to APCHA, but follow through is occasionally an issue. For that reason staff has added language to the Ordinance noting that any delay in the audit process shall not void the approval. Community Development and APCHA are currently working together to address past Essential Public Facility projects that may have outstanding audit requirements. Council also asked whether a fixed mitigation rate for all Essential Public Facilities would be preferable to a case by case evaluation. This would require a code amendment and Council direction to add the topic to Community Development's future work program. A check in on Community Development' s work program is scheduled for the summer and staff suggests the discussion take place at that time. The second topic to be addressed by Council, Extension or Reinstatement of Vested Rights, is also addressed in Exhibit A, with a listing of the review criteria and staff findings. Along with the new addition discussed in this application, St. Mary's is undertaking a substantial interior remodel of the existing structure, including a number of safety and mechanical upgrades, at a cost of approximately $6 million. The social hall expansion is a substantial expense and will require fundraising over a period of years. This is the primary reason that the applicant has requested Council approval for Vested Rights lasting 10 years, rather than the standard period of 3 years. At First Reading, Council asked for information about recent vested rights extensions. Looking back to 2010, the following has been approved: Hotel Aspen: 6 years vested rights Red Onion Annex: 3 1/4 years vested rights Lift One Lodge: 7 years vested rights Aspen Club: 10 years vested rights Boomerang Lodge: 9 years vested rights South Aspen Street Townhomes: 11 years vested rights 605 S. Aspen Alps Road (single family home): 5 years vested rights Dancing Bear Lodge: 9 years vested rights Aspen Jewish Community Center: 6 years vested rights 3 2/9/2017 Parcel Detail Pitkin County Assessor Parcel Detail Information Assessor Property Search 1 Assessor Subset Ouery I Assessor Sales Search Clerk & Recorder Reception Search I Treasurer Tax Search Search GIS Map I GIS Help Basic Building Characteristics I Value Summary Parcel Detail 1 Value Detail I Sales Detail I Residential/Commercial Improvement Detail Owner Detail I Land Detail I Photographs Tax Account Parcel Property 2016 Mill Area Number Number Type Levy DPT 001 R013942 273707331801 32.473 EXEMPT Primary Owner Name and Address ARCHDIOCESE OF DENVER 1300 S STEELE ST DENVER, CO 80210 Additional Owner Detail Business Name ST MARYS CATHOLIC CHURCH Legal Description Subdivision: CITY AND TOWNSITE OF ASPEN Block: 93 Lot: A-I SAINT MARYS CATHOLIC CHURCH Location Physical Address: 104 S GALENA ST ASPEN Subdivision: CITY AND TOWNSITE OF ASPEN Land Acres: 0.000 Land Sq Ft: 27,000 http:/Mww.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R013942 1/3 Attachment 4 /1 RL, 11.#, lilli 205 4 0, a nit.. 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Main Street, Aspen 14 February 2017 2/9/2017 Parcel Detail 2016 Property Value Summary Actual Value Assessed Value Land: 8,000,000 1,310,080 Improvements: 7,405,000 1,212,640 Total: 15,405,000 2,522,720 Sale Date: Sale Price: Additional Sales Detail Basic Building Characteristics Number of Residential Buildings: 3 Number of Comm/Ind Buildings: 0 Residential Building Occurrence 0 Characteristics FINISHED BSMT: 5,390 FIRST FLOOR: 5,484 Total Heated Area: 10,874 Property Class: EXEMPT-CHURCH-IMPS Actual Year Built: 1892 Effective Year Built: 1985 Bedrooms: 0 Baths: 2 Quality of Construction: GOOD Exterior Wall: COMMON BRK Interior Wall: BASE Floor: BASE Heat Type: HT WTRB/B Heating Fuel: GAS Roof Cover: METAL Roof Structure: GABLE/HIP Neighborhood: CITY OF ASPEN EXEMPT Top of Page Assessor Database Search Options http:/Avww.pitkinassessor.orgiassessor/Parcel.asp?Accoun!Number=R013912 2/3 Allochren! 5 LEGEND AND NOTES 0 ...7 Ie-OT .....5 N & T~ Â¥1111 Cu.1~CM 10Â·occ,-1,1, ,-c~~~, 0,-rrn â„¢ 1,~,e. = INC IM e 0 - 1Â·-20Â· e "R=.1- / C.....2 Â¥1. . ....... 1 b â€¢ i./1. 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M6:.mule',N:222-1-==9~k=. 1 1, .2 I :r :â€žU =Priu~0044:70::am -R * g. ./.0.0. ..In..tz .U--1-.1 -,71 ./ 0.1.- 3//-/R,/r#/1-//-555;0 .â‚¬~/1/ -ilill nriA , .--.-..M'. \-22 OTIC CAp m~, E:I.' TOPOGRAPHIC IMPROVEMENT SURVEY PLAT ill 0 C W.Â¥4411.61Â·=2 .= '3Â· 1\ 1 \ ...CD . ASPEN SURVEY INGINZERS. INC. 210 ,Â©Uâ„¢ 0/LC. STRCCT "10,Â£''AX leo, e.... n'...Iltul'ODMOIM;C..CCM m~-fle- Jee .-0 -/Ui-L r - El 'E- -8 1 2 31 74 --- 7 -, it, 1.3 .- l A- Â» 4 I~[4 ~ - n' 9 Â£4+4Â»'. ~ Â¤~ 713 *12Â« r ete 1 4 Z Â£ 7 1"4464-= : 'C : , 1 VI# , .1 ,% ' -- ip>\\\ 1 444 -/ .fÂ·- A--. -f- UNFUnfain I> B ID I /00 ST. MARY CATHOLIC CHURCH 00 'ir 533 E. MAIN STREET PI ASPEN, co lai \ 47/hv ~ 1/ 1 1~,~~~h~V~W~~ 9-/ NV-ld 3119 0390dOEd FAX 970 329 035080/ 123<41,7 ~te 1 '71[f\DU ll- 0 - - Â·2-1 1~////////Z1/L f .. \ ...i...39.-Â·1_ - 320 - -~r L M, $ 51 Â£* 4 41 9 |i EA I 1.putte ///-- Uy-k 9' O ~ L_J| IC~ ~~ f ,? ./.0 1 LL-1 1 0 , 1/J- 1 9-0 0 ir- ~ 13 ~~r / 0.1% ./ ..l | imma ,%- Re: 44/:13 0 Im. li||IllIM * ST. MARY CATHOLIC CHURCH :~&3 1 B RS: 'IXE 533 E. MAIN STREET ~ ASPEN, CO 1 47/ 11 101/ ov, 13A31 NIÂ¥01039OdOM /~7 \ + r--1 - lafÂ» 4.d/-9./.P 4 \f LIli ir 'ES I' 4.isaffu~-f i '4.-r r Ei .2,41 #* 31#=...4.#47-14>4Â·47-i....2,1.~Ut..'f),~W,'.fr Â·,-7,'i' Â·Â·2!Pdrw:4*1 0.~.%---A fw. t b-:~<)9 2.4-)]01.Fi-~59*{~24,42,5Â¢4*f**;.~:I :~~~:,7-0, Ig e) e OK.i:Ld.,IN,f.(7. 4.4-Â·-----(.b'l,~32:--,{%64#*6-LI:~%~WeJN- 'iÂ·12, 2 2.*41 433Â·1,4 . hi#--1----440-i--Â·'eA.*10: 6 4% 10~0~ d)39>724:Â·PRâ‚¬Â·tij<.4-1-3*59 2 . = 11.9 A..Â·irÂ· ,~' r ..1.'L.---:71,:--'t?.Ir 11-'>'Fmt'L,rrl.f.#:1:104'n.17.:PJ.-ft?-1 1 52~.1Â·!>~~<. Â·'~. ~t~.iÂ·'~44--=:~~~~f~jittÂ¢~*4112*LNE 3~3/..Â·~ijf 34#414163%'DIf*731:442(;114}11~-1* . -6, E . 0 2 1:92 ~ ~ ~ ~||~|~ Â§~ ST. MARY CATHOLIC CHURCH IN 1 1 Q:; : 1 1.. 0% 31: 533 E. MAIN STREET Im. ASPEN. CO 4\ 07 7444Â« .10./H'll' AVE \/ R /74 4 1 41 V. 9 1 11 1 NÂ¥-Id 30021 Attachment 7 COMMITMENT for TITLEINSURANCE issued by ~~ TITLE COMPANY 1 of the rockies as agent for WESTCOR LAND TITLE INSURANCE. COMPANY Reference: Commitment Number: 0705130-C Commitment Ordered By: Inquiries should be directed to: Patrick Rawley Stan Clauson Associates Inc Title Company ofthe Rockies 412 North Mill Street 132 W. Main Street, Suite B Aspen, CO 81611 Aspen, CO 81611 Phone: 970-925-2323 Fax: 970-920-1628 Phone: (970) 920-9299 Fax: (970) 920-5352 email: patrick@scaplanning.com email: Reference Property Address: 104 South Galena Street, Aspen, CO 81611 SCHEDULE A 1. Effective Date: January 29,2017,7:00 am Issue Date: February 10,2017 2. Policy (or Policies) to be issued: ALTA Owner's Policy (6-17-06) Policy Amount: Amount to be Detennined Premium: Amount to be Deteimined Proposed Insured: A Buyer to be Determined 3. The estate or interest in the Land described or referred to in this Commitment is: Fee Simple and Title to said estate or interest is at the Effective Date vested in: The Archdiocese of Denver 4. The Land referred to in this Commitment is located in the County ofPitkin, State of Colorado, and is described as follows: Lots A, B, C, D, E, F, G, H and 1, Block 93, CITY AND TOWNSITE OF ASPEN Alia Commitment - 2006 Schedule A Cominitment No. 0705130-C Schedule 13-1 Requirements COMMI'l'AIEN'!' FOR TITLE INSURANCE SCHEDULER -SECTION I REQUIREMENTS THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH: Item (a) Payment to or for the account of the grantors or mortgagors ofthe full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: 1, Deed from The Archdiocese of Denver to A Buyer To Be Determined. NOTE: Duly executed real property transfer declaration, executed by either the Grantor or Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No. 1288-CRA 39-14-102. 2. Evidence satisfactory to the Company or its duly authorized agent that all dues and/or assessments levied by the Homeowners Association have been paid through the date of closing. 3. Evidence satisfactory to the Company or its duly authorized agent either (a) that the "real estate transfer taxes" imposed by Ordinance No. 20 (Series of 1979), and by Ordinance No. 13, (Series of 1990), ofthe City of Aspen, Colorado have been paid, and that the liens imposed thereby have been , fully satisfied, or (b) that Certificates of Exemption have been issued pursuant to the provisions thereof. THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEARCH OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR PITKIN COUNTY, COLORADO FOR JUDGMENT LIENS, TAX LIENS OR OTHER SIMILAR OR DISSIMILAR INVOLUNTARY MATTERS AFFECTING THE GRANTEE OR GRANTEES, AND TO MAKE SUCH ADDITIONAL REQUIREMENTS AS IT DEEMS NECESSARY, AFTER THE ]DENTITY OF THE GRANTEE OR GRANTEES HAS BEEN DISCLOSED TO THE COMPANY. NOTE: THIS COMMITMENT IS ISSUED UPON THE EXPRESS AGREEMENT AND UNDERSTANDING THAT THE APPLICABLE PREMIUMS, CHARGES AND FEES SHALL BE PAID BY THE APPLICANT IF THE APPLICANT AND/OR ITS DESIGNEE OR NOMINEE CLOSES THE TRANSACTION CONTEMPLATED BY OR OTHERWISE RELIES UPON THE COMMITMENT, ALL IN ACCORDANCE WITH THE RULES AND SCHEDULES OF RATES ON FILE WITH THE COLORADO DEPARTMENT OF INSURANCE. Alla Commitment - 2006 Schedule B-1 Requirements Commitment No. 0705130-C Schedule B-11 Exceptions COMMITMENT FOR TITLE INSURANCE SCHEDULE B - SECTION Il EXCEPTIONS Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction ofthe Company. Any loss or damage, including attorney fees, by reason of the matters shown below: 1, Any facts, rights, interests, or claims which are not shown by the Public Records but which could be ascertained by ali inspection of said Land or by making inquiry of persons in possession thereof. 2, Easements or claims of casements, 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 ofthe Land. 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. Any mine of gold, silver, cinnabaror copper, or any valid mining claim or possession held under existing laws, as reserved by M. G. Miller, County and Probate Judge of Pitkin County, Colorado, in the Deed to Edward Downey recorded October 24, 1887, in Book 59 at Page 55. 8. Notice of Historic Designation recorded January 13,1975,in Book 295 at Page 515. 9. Resolution No. 2 (Series of 1993) A Resolution ofthe Aspen Historic Preservation Committee Vesting The Site Specific Final Development Plan for St. Mary's Church recorded March 1, 1993, in Book 704 at Page 874. 10. Encroachment Agreement between the City of Aspen and Saint Mary's Catholic Church, Diocese of Denver recorded July 1,1993, in Book 716 at Page 622. 11. Resolution No. 41 (Series 2000) Resolution oftlie Aspen Preservation Commission Approving an Application for Conceptual Development and Variances from the Residential Design Standards for St. Mary's Church recorded September 5,2000, at Reception No. 446665. 12. Revocable Encroachment License recorded December 8,2000, at Reception No. 449522. 13. Terms, agreements, provisions, conditions and obligations as contained in Resolution No. 57 (Series 2000) Resolution of the Aspen Preservation Commission Approving an Application for Final Alta Commitment - 2006 Schedule B-If Exceptions Commitment No. ()705130-C Scliedule B-11 F.xceptions (Contimled) Review of a Significant Development for St. Mary's Church recorded February 1, 2001, at Reception No. 451129. 14. Oidinance 54 (Series 2000) Oidinance of the Aspen City Council recorded June 25,2001, at Reception No. 455760. 15. Terms, agreements, provisions, conditions and obligations as contained in Accessory Dwelling Unit Deed Restriction recorded March 9,2001, at Reception No. 452236. 16. Resolution #8( Series of2016 ) OfThe Aspen Historic Pieservation Commission Granting Conceptual Major Development, Special Review, Growth Management And View Plane Approval For 533 E. Main Street, Lots A-I, Block 93, City Of Aspen, Pitkin County, Colorado. Alm Commitment - 2006 Schedule B-!I Exceptions (continued) DISCLOSURE STATEMENTS Note 1: Colorado Division of Insurance Note 5: Purstiant to C.R.S. Â§10-11~123 Note 10: Plirsilant to Regulation 3-5-1 Regulalions 3-5- 1, Paragraph C of Article VII, Notice is hereby give" Section 9 (G) nolice is hereby given that requires that (a) If there is recorded evidence that a mineral ' Until a title entity receives written "Every Title entity shall be responsible for estate has beeti severed, leased or othenvise instructions pertaining to the holding of 811 matters which appear ofrecord prior to tlie conveyed from the surface estate then there fiduciary funds, in a fonn agreeable to the title time of recording whenever the Title entity is a substantial likelihood that a third party entity, it shall comply with the following: conducts the closing and is responsible foi holds some or all interest iii oil, Bits, other I. Ilic title entity shall deposit finds into an recording or filing of legal documents minerals, or geotherinal energy m the escrow, trust, or other fiduciary 21(CO,Ilit resulting from the transaction which was property, and and hold them in a fiduciary capacity. closed." (Gap Protection) (b) That such mineral estate may include the 2. The title entity shall use any funds right to enter amd lise the property without designated as '-earnest money " for the the surface owner's permission. consummation of the transaction as Note 2: Exception No. 4 of Schedule B, evidenced by the contract to buy and sell Section 2 of this Commitment niay be deleted Nole 6: Effective September 1, 1997, C.R.S. real estate applicable to said transaction, from the Owner's Policy to be issued Â§30-10-406 requires thal all documents except as otherwise provided in th is hereunder upon compliance with the received for recording or filing in the clerk section. If the transaction does not close, following conditions: and recorder's office shall contain a top the title entity shall A. The Land described in Sched,de A of this margin of at least one inch and a left, right a. Release the earnest money funds as commitment must be a single-family and bottom margin of at least one-half inch directed by written instructions signed residence, which includes a condominium the clerk and recorder may refuse to record or by both the buyer and seller; or or townhouse unit file any document that docs not conform. b. 1facceptable written instructions are riot B. No labor or materials may have been received, uncontested funds shall be furnished by niechanics or materialmen for Note 7: Our Privacy Policy: held by the title entity for ] 80 days from purpose of construct ion on the Land We will not reveal nonpublic personal the scheduled date of closing, after described in Schedule A of this customer information to any external which the title entity shall return said Commitment within the past 13 montlis. non-affiliated organization unless we have funds to the payor. C. 'Ilie Company must receive an appropriate been authorized by the customer, or are 3. In the event of any controversy regarding affidavit indemnifying the Company required by law. the funds held by the title entity against unfiled mechanids and (notwithstanding any termination of the materialmen's liens. Note 8: Records: contract), the title entity shall not be ' D. Any deviation from conditions A though C Regulation 3-5-1 Section 7 (N) provides that required to take any action unless and until above is subject to such additional each title entity shall maintain adequate such controversy is resolved. At its option requirements or Information as tlie documentation and records sufficient to show and discrelion, the title entity may: Company may deem necessary, or, alt its compliance with this regulation and Title 10 a. Await any proceeding; or option, the Company may refuse to delete of the Colorado Revised Statutes for a period b. Interplead all parties and deposit such the exception. of not less than seven (7) years, except as fiinds into a court ofcompetent E. Payment of the premiuin for said coverage. ollierwise permitted by law. jurisdiction, and recover court costs and reasonable attorney and legal fees; or Note 9: Pursuant Regulation 3-5-1 Section 9 c. Deliver written notice to the buyer and Note 3: The following disclosures are hereby (F) notice is hereby given thal seller that unless the title entity receives made pursuant to Â§ 10-11-122, C.R.S. "A title entity shall not earn interest on a copy of a summons and complaint or (i) The subject real property may be located in fiduciary funds unless disclosure is made to claim (between buyer and seller), a special taxing district; all necessary parties to a transaclion that containing the case number of the (ii) A certificate of taxes dile listing each interest is or has been earned. Said disclosure lawsuit or lawsuits, within 120 days of taxing jurisdiction shall be obtained from inust offer the opportunity to receive payment the title entity's written notice delivered the County Treasurer or the County ofany interest earned on such funds beyond to the parties, title entity shall return the Treasurer's authorized agent; and any administrative fees as may be on file with funds to the depositing party." (iii) Information regarding special districts the division. Said disclosure must be clear and the boundaries ofsuch districts may be and conspicuous, and may be made at any obtained from the Cozinly Commissioners, time up to and including closing. " the County Clerk and Recorder, or the Be advised that the closing agent will or County Assessor. could charge an Administrative Fee for processing such an additional services request Note 4: If the sales price of the subject and any resulting payee will also be subjected property exceeds $100,000.00, the seller shall to a W-9 or other required tax documentation be required to comply with the disclosure or for such purpose(s). withholding provisions of C.R.S. Be further advised that, for many Â§39-22-604.5 (Non-resident withholding). transactions, the imposed Administrative Fee associated with such an additional service may exceed any such interest earned. Therefore, you may have the right to some of the interest earned over and above the Administrative Fee, ifapplicable (e.g., any money over any administrative fees involved in figuring the amounts earned). Disclosure Swements Title Company of the Rockies Disclosures All documents received for recording or filing iii the Clerk mid Recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin ofat least one half ofan inch. The Clerk mid Recorder will refuse to record or file any document tliat does not conform to the requirements of this section. Pursuant to C.R.S. 30-10-406(3)(a) nx company will not issue its policy or policies of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes elite or other equivalent documentation from the County Treasurer or the Colmty treasureks authorized agent: or until the Proposed Insured has notified or instructed the company in writing to the contrary. Pursuant to C.R.S. 10-11-122. No person or entity that provides closing aixl settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawals as a matter of right. Pursuant to C. R.S. 38-35-125(2) The Company hereby notifies the proposed buyer in the current transaction that there may be recorded evidence that the mineral estate, or portion thereof, has been severed, leased, or othenvise conveyed from the surface estate. Ifso, there is a substantial likelihood that a third party holds some or all interest in the oil, gas, other minerals, or geothermal energy in the subject property. Such mineral estate may include the right to enter and use the property without the surfacc owliets permission. Pursuant toe.R.S. 10-11-123. 1 f this transaction includes a sale of properly and the sales price exceeds $ 100,000.00, the seller must comply with the disclosure/withholding requirements of said section. (Nonresident withholding) Pursuant to C.R.S. 39-22-604.5. Notice is hereby given that: The subject property may be located ina special taxing district. A Certificate of Taxes due listine each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. 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. Pursuant to C.R.S. 10-11-122. Notice is hereby given that: Pursuant to Colorado Division of Insurance Regulation 8-1-2, "Gap Protection" -When this Coinpany conducts the closing and is responsible for recording or filing the legal documents resulting from the transaction, the Company shall be responsible for all matters which appear on the record prior to such time or recording or filing; and "Mechanic's Lien Protection" - If you are the buyer of a single family residence, you may request mechanic's lien coverage to be issued on your policy of Insurance. If the property being purchased has not been the subject of construction, improvements or repairs in the last six months prior to the date of this commitment, the requirements will be payment of the appropriate premium and the completion of an Affidavit and Indemnity by the seller. If the property being purchased was constructed, improved or repaired within six months prior to the date of this commitment the requirements may involve disclosure ofcerlain financial information, payment of premiums, and indemnity, among others. The general requirements stated above are subject to revision and approval by the Company. Pursuant to C.R.S. 10-11-122. Notice is hereby given that an ALTA Closing Protection Letter is available, upon request, to certain parties to the transaction as noted in the title commitinent. Pursuant to Colorado Division of Insurance Regulation 8-1 Nothing herein contained will be deemed to obligate the Company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. Attachment 8 Fr, John Hilton St. Mary Catholic Church , 533 East Main Street .,, ..1.-r' ........:'-1 t .Te|:970-925-7399 - .. -7. 10 February 2017 Ms. Amy Simon , Hisloric Preservation Officer, Cily of Aspen 130 S. Galena Street " .. _ Aspen, CO 8161] â€žÂ·Â·. --DÂ·Â·--- -'. Ro: Authorization to SubmilÂ·Land Use Applic-atiohs 2- :-1, -9- --- .,-Â·.- ---.Â· 2-2-2 ; 4 -I---Ttils le#eris to certify Ilial 1, Fr.-Johti Hillon, Pastor'c;f St. Mary Catholic Cliurch and authorii -- :'' ' i. 9-1-,C'-- representative forthe Archdiocese of Denver, which is Ihe owner of St. Maty Catholic Church, C,'-2---- 2- lo.gated,'al -533 Edst Main Street, give Stan Clauson Associates; Inc. arid its'staff perinission to ..' r,-' 1 -4---3 'repre5ent St. Mary Catholic Church in submilling Land.Use.Applidations to.~the Ciltof Aspen. If ' . a... 1 youshou.Id have any queitions regarding this rriatter pletise'do'hothesitaje.tocpntactme. L 0-, - ' ?: -/ Contact.information for Stan Clauson Assocldtds is as follows: ~Patrick S. Rowley, AICP. ASLA ,- V -'Stari Clauson Associates, Inc. 412 N. Mill Street Aspen, CO 816 1 1 Tel 970-925-2323 Fax 970-920-1628 Very Truly Yours, . - - ~fi--i -4,- 96~*Pflann Hilton - v ., - 3~ 7. 7 -':--': s.: LPas.Jor.-St. MariC.alholic Church Attachment 9 RESOLUTION #19 (SERIES OF 2016) A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION AMENDING CONCEPTUAL MAJOR DEVELOPMENT, SPECIAL REVIEW, GROWTH MANAGEMENT AND VIEW PLANE APPROVAL FOR 533 E. MAIN STREET,LOTS A-I, BLOCK 93, CITY OF ASPEN, Pri'KIN COUNTY, COLORADO Parce{ ID: 2737-073-31-801 WHEREAS, on May 4, 2015, the Col,mnwlity Development Department received an application from The Archdiocese of Denver/St. Mary's Church, represented by Charles Cunniffe Architects mid Stan Clauson Associafes for the following Jand use review approvals: Conceplim! Major Ddvelopment, Speci41 Review, Growlh Management and View Flane review; and WHEREAS, the Historic Preservation Commibsion reviewed the Application at duly noticed public hearings on August 26,2015; Jammry 27,2016 and March 9, 2016, during which time the recommendations of the Community Development Director and comments from the public were requested and heard by the Ilistoric Preservation Commission; and, WHEREAS, on March 9, 2016, the Historic Preservation Commission granted Conceptual Major Development, Special Review, Growth Management and View Plane approval by adopting Resolution #8, Series of 2016, by a 4 to 3 vote; and, WHEREAS, pursuant to Section 26.415.120.B and C of the Municipal Code, following ' the adoption of a resolution approving h Conceptual Developinent Plan, the HPC Was required to .promptly notify the City Counoil of its action to allow the City Council an opportunity to oal[-zip the decision for additional discussion, Â·Notice to City Council took place on April 11,2016 and a Call-up meeting took place on April 25,2016, at which time City Council directed HPC, by a 3.1 vote td reconsider the placement of the above grade addition included in the 0roject so that it is along the alley (Option A) rather than along Main Street (Option B.) Council also directed HPC to consider the elimination of a connector/enclosed hailway between the.addilion and the church; aiid . WHEREAS, during a duly noticcd public hearing on June 8,201Â·6, the Historic Preservation Coininission, by n 4 to 1 vote, revised the al>proval encompassed in Resolulion #8, Series of 2016, so as to require (lie above grade addition to be as represented in Option A. NOW, THEREFORE BE IT RESOLVED BY THE HISTORIC PRESERVATKON COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: All provisions of Resohition #8, Series of 2016, remain in effect except that the approved design is Option A, as depicted in the Marcli 9'h Ilistgric Preservation Commission packet for 533 E. Main ., Street, The approved Option A does not project into the Courthouse Viewplanes. .. . - - I.- -I.- - --- I .- .. RECEPTION#: 631336, 08/11/2016 at 09:35:02 AM, 1 OF 2, R $16,00 Doc Code RESOLUTION . Historic Preservatiol} Commiss|on Janice K. Vos Caudill, Pitkin County, CO ' Resolulion #19, Scrics 20 16 Page 1 of2 FINALLY, adopted, passed and approved this 8th day or June, 2016, App~ove*s to form: Approved as to content: . Nm70'Le Del)bit Quinn, A6sistant City Attorney Gi'ddilen Greeilf@Ba,Vice Chair Attest: fil 451-12119 9,;1 - kathy strieldÂ«Mi, Deputy Clerk I I . Historic Preservation Commission I , Â· Resolution #19, Series 2016 Page 2 of 2 Attachment 10 SL PROPERTY LLC BORCHERTS ROBERT 1-1 REV TRUST BORCHERTS HOLDE H REV TRUST 2606 STATE ST 1555 WASHTENAW 1555 WASHTENAW DALLAS, TX 75204 ANN ARBOR, MI 48104 ANN ARBOR, MI 48104 LARSON MARIA M MARCHETTI FAMILY LLC GRIMES DAVID L PO BOX 8207 1526 FOREST DR 3510 BROMLEY WOODS LN ASPEN, CO 81612 GLENVIEW, IL 60025 GREENSBORO, NC 27410 RKJR PROPERTIES LTD LEBARRE FAM LLC SMITH JAMES F&N LINDSAY 5934 ROYAL LN #250 7518 MIDDLEWOOD ST 600 E MAIN ST #302 DALLAS, TX 75230 HOUSTON, TX 77063 ASPEN, CO 81611 KAHANEK FAMILY PARTNERSHIP LTD IVIAESTRANZI ALEXA LEE TRUST MANN KATHLEEN A REV TRUST 2727 ALLEN PKWY # 1500 1736 PARK RIDGE PT PO BOX 1455 HOUSTON, TX 77019 PARK RIDGE IL 60068 CARBONDALE, CO 81623 VAN WALRAVEN EDWARD C REV TRUST COPPOCK RICHARD P SHERMAN CAPITAL COMPANY PO BOX 1455 600 E MAIN ST #407 5840 E JOSHUA TREE LN CARBONDALE, CO 81623 ASPEN, CO 81611 PARADISE VALLEY, AZ 85253 NR HOLDING CO LAMB DON REV TRUST GILKERSON LINDA REV TRUST 580 MALLORY WY 1449 E 56TH ST 1449 E 56TH ST CARSON CITY, NV 89701 CHICAGO, IL 60637 CHICAGO, IL 60637 HICKS GILBERT W & PATSY K ASPEN LEGACY LLC MARASCO FAMILY TRUST 3674 WOODLAWN TERRACE PL 17740 E HINSDALE AVE 653 261/2 RD HONOLULU, HI 96822 FOXFIELD, CO 80016 GRAND JUNCTION, CO 81506 MARASCO RAE O TRUST MARASCO EMILY A STARMER MARY JOSEPHINE 653 261/2 RD 21701 FLAMENCO 12738 W 84TH DR GRAND JUNCTION, CO 81506 MISSION VIEJO, CA 92692 ARVADA, CO 80001 MARASCO BERNARD R EMPHASYS SERVICES CO GENE MCCUTCHIN LTD 11 320 DAKOTA DR 1925 BRICKELL AVE BLDG D, PENTHSE 11 PO BOX 802043 GRAND JUNCTION, CO 81506 MIAMI, FL 33129 DALLAS, TX 753802043 KAPLAN & CO LLC MCGAFFEY FAMILY & CO NO C LLC 117 SOUTH SPRING STREET HOLDINGS LLC 300 S POINTE DR # 1105 2465 NOB HILL AVE NORTH PO BOX 81016 MIAMI BEACH, FL 33139 SEATTLE, WA 98109 SAN MARINO, CA 91118 SLS LLC MARSH HUGH THOMAS KATHRYN 117 S SPRING ST #202 631 E MAIN ST 631 E MAIN ST ASPEN, CO 81611 ASPEN , CO 81611 ASPEN, CO 81611 HOVERSTEN PHILIP & LOUISE HOLLAND AND HART CONCEPT 600 LLC 2990 BOOTH CREEK DR PO BOX 8749 5048 CAMINO DEL LAZO VAll, CO 81657 DENVER, CO 80201 TUCSON, AZ 85750 BIG HOPKINS LLC MYSKO ASPEN HOLDINGS BRAND BUILDING LLC 421 N BEVERLY DR #300 615 E HOPKINS AVE 205 S GALENA ST BEVERLY HILLS, CA 90210 ASPEN, CO 81611 ASPEN, CO 81611 BLAU JEFF T HINDERSTEIN FAIVI REV TRUST BRAND 13 LLC 60 COLUMBUS CR 19TH FL 4415 HONEYMOON BAY RD 623 E HOPKINS AVE NEW YORK, NY 10023 GREENBANK, WA 98253 ASPEN, CO 81611 LEVY ASPEN RESIDENCE TRUST WALL JANET REV TRUST CITY OF ASPEN 5959 COLLINS AVE 205 S GALENA ST 130 S GALENA ST MIAMI BEACH, FL 33140 ASPEN, CO 81611 ASPEN, CO 81611 BASS CAHN 601 LLC HORSEFINS LLC STEWART TITLE CO PO BOX 4060 601 E HOPKINS AVE 1980 POST OAK BLVD STE 900 ASPEN, CO 81612 ASPEN, CO 81611 HOUSTON, TX 77056 KREVOY SUSANNE SEP PROP TRUST OSA TRUST CITY OF ASPEN PUBLIC FACILITIES AUTH 2311 LA MESA DR 2311 LA MESA DR 130 S GALENA ST SANTA MONICA, CA 90402 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LAVACA ST PO BOX 9063 COMMON AREA AUSTIN, TX 787013036 ASPEN, CO 81612 600 E HOPKINS AVE ASPEN, CO 81611 ISIS THEATRE CONDO ASSOC ASPEN FILM ISIS GROUP COMMON AREA 110 E HALLAM ST #102 2301 N MERIDIAN AVE 406 E HOPKINS AVE ASPEN, CO 81611 MIAMI, FL 33140 ASPEN, CO 81611 CONNER CABINS & LOFTS CONDO ASSOC 625 MAIN INVESTMENTS LLC CWAREI LLC COMMON AREA 407 S HUNTER ST #3 655 MADISON AVE 11FLOOR 530 E HOPKINS AVE ASPEN, CO 81611 NEW YORK, NY 10075 ASPEN, CO 81611 TRACY KATHLEEN ROY ADAM C & SARAH G STUDIO SIX LLC 625 E MAIN ST #202 625 E MAIN ST #203 PO BOX DD ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 EMCAR LLC CAREM LLC 625 MAIN ASPEN LLC 655 MADISON AVE 11TH FL 655 MADISON AVE 11TH FL 420 E MAIN ST NEW YORK, NY 10065 NEW YORK, NY 10065 ASPEN, CO 81611 HOPKINS DEV LLC RUDIN MICHAEL & SABRINA SPRING BUILDING CONDO ASSOC 345 PARK AVE 33RD FLR 345 PARK AVE 632 E HOPKINS AVE NEW YORK, NY 10154 NEW YORK, NY 10154 ASPEN, CO 81611 HOPKINS BARN LLC HOPKINS CABIN LLC BAD LLC 623 E HOPKINS 623 E HOPKINS 35850 S WOODLAND RD ASPEN, CO 81611 ASPEN, CO 81611 CHAGRIN FALLS, OH 44022 ASPEN BLOCK 99 CONDO ASSOC MAIN STREET LANDLORD LLC 426 EAST MAIN LLC 532 E HOPKINS AVE 625 E HOPKINS 623 E HOPKINS AVE ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 M & G CONDO ASSOC 204 S GALENA ST LLC HUNTER SQUARE LLC 426 E MAIN ST 2001 N HALSTED #304 PO BOX 2 ASPEN, CO 81611 CHICAGO, IL 60614 SONOMA, CA 95476 JURINE LLC ASPEN FIRE PROTECTION DISTRICT ALPINE BANK ASPEN PO BOX 2 420 E HOPKINS AVE PO BOX 10000 SONOMA, CA 95476 ASPEN, CO 81611 GLENWOOD SPRINGS, CO 81602 PITKIN COUNTY PITKIN COUNTY CAPITAL LEASING CORP BANKERS MORTGAGE CORP 123 EMMA RD #204 530 E MAIN ST 1616 ORCHARD AVE BASALT, CO 81621 ASPEN, CO 81611 GRAND JUNCTION, CO 81501 CANTINA BUILDING LLC 517 EAST HOPKINS ASPEN LLC WILSON FAMILY TRUST PO BOX 1247 2001 N HALSTED #304 101 FOUNDERS PL #201 ASPEN, CO 81612 CHICAGO, IL 60614 ASPEN, CO 81611 ORR KEITH MURPHY GEORGE W OP LLC 4545 N STATE LINE PO BOX 4146 424 PARK CIR #6 TEXARI<ANA, TX 75503 ASPEN, CO 81612 ASPEN, CO 81611 BOSELY MARY ANNE REV TRUST OBP LLC G & G CORPORATE OFFICES LLC PO BOX 26 101 FOUNDERS PL #104 2520 SGRANDAV#114 WOODY CREEK, CO 81656 ASPEN, CO 81611 GLENWOOD SPGS, CO 81601 NGS LLC CRUMMER KLEIN TITLE TRUST SINTA SCOTT 101 FOUNDERS PL#109 1305 N BEVERLY DR PO BOX 2872 ASPEN, CO 81611 BEVERLY HILLS, CA 90210 ASPEN, CO 81612 BALLINGER ELIZABETH F SEYFFERT STEVEN J HANDLEY DENNIS 102 FOUNDERS PL#102 102 FOUNDERS PL #201 102 FOUNDERS PL #202 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 : KLEIN JAMES J & SALLIE R SMITH H W Ill HUNTER ALEXANDER PO BOX 12022 PO BOX 10914 PO BOX 1638 ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81612 DONAHUE ELIZABETH GWM PROPERTIES LLC 311 ASPEN LLC 102 FOUNDERS PL #2302 PO BOX 4146 2317 PENNSYLVANIA AVE ASPEN, CO 81611 ASPEN, CO 81612 WILMINGTON, DE 19806 GOLDFEIN MICHAEL R TRUST GOLDFEIN PAMELA J TRUST BOMBA LAURIE A REV TRUST 1724 BRAESIDE LN 1724 BRAESIDE LN 5601 HIGH DR NORTHBROOK, IL 60062 NORTHBROOK, IL 60062 MISSION HILLS, KS 66208 WELSCH SUSAN F REVOC TRUST RAMOS WALTHER JR & MARJORIE R GALANTER YALE & ELYSE 101 N SPRING ST #201 133 TALL TREES DR 101 N SPRING ST #3301 ASPEN, CO 81611 BALA CYNWYD, PA 19004 ASPEN, CO 81611 ATWOOD STANFORD H & PAMELA S LVG TR MARTINEZ RITA PEARSON DOUG 16125 GREENWOOD LN 101 N SPRING ST #3104 101 N SPRING ST #3105 MONTE SERENO, CA 95030 ASPEN, CO 816111518 ASPEN, CO 816111518 DOCKEN ANDREW ARENELLA BETH & FRANK 111 SPRING STREET CONDO ASSOC 101 N SPRING ST #106 101 N SPRING ST #107 117 SSPRINGST#202 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 GODIVA HOLDINGS LLC 530 HOPKINS LLC MARIPOSA REAL ESTATE 11 LLC 435 E MAIN ST 5301/2 E HOPKINS 5200 BLUE LAGOON DR #855 ASPEN, CO 81611 ASPEN, CO 81611 MIAMI, FL 33126 AUSTIN LAWRENCE CONNER LLC CICUREL CARY LUCKYSTAR LLC 532 E HOPKINS AVE 2615 N LAKEWOOD PO BOX 7755 ASPEN, CO 81611 CHICAGO, IL 60614 ASPEN, CO 81612 SHAPIRO FREDERIC M & SUSAN SUMNER VERONICA GRAHAM NARELDA 101 N SPRING ST #3108 101 N SPRING ST#3109 101 N SPRING ST #203 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 SATTLER SANDRA A CURETJORDAN LAZAR FAMILY TRUST 101 N SPRING ST #3204 101 N SPRING ST#205 5342 ALDEA AVE ASPEN, CO 81611 ASPEN, CO 81611 ENCINO, CA 91316 BASSI PETER & BARBARA FAMILY TRUST COHEN NANCY C REV TRUST LEONARD FAMILY TRUST 18 CHANNEL VISTA 31275 NORTHWESTERN HWY #248 PO BOX 710 NEWPORT COAST, CA 92657 FARMINGTON HILLS, MI 48334 RANCHO SANTA FE, CA 92067 IVIOSCOE THOMAS D SMITH GAILEN B FAMILY TRUST OBERMEYER 204 LLC 445 GRAND BAY DR #607 625 E MAIN ST #102B 2727 ALLEN PKWY STE1400 KEY BISCAYNE, FL 33149 ASPEN, CO 81611 HOUSTON, TX 77019 PARDEE JAMES LEE 111 REV LIV TRST BIG BOY LLC LINDENAU SCOTT A REV TRUST PO BOX 4153 205 S MILL ST #301A 501 RIO GRANDE PL #104 ASPEN, CO 816124153 ASPEN, CO 81611 ASPEN, CO 81611 TGS LLC UNIT 109 OP LLC ANDERTON JAMES L PO BOX 1913 501 RIO GRANDE PL #107 100 OBERMEYER PLACE DR #4101 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 FELDMAN JONATHAN MILNE SHEILA NGUYEN MICHAEL TAM 100 OBERMEYER PLACE DR #102 PO BOX 8286 430 E HYMAN AVE ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 DAO OANH KIM UNIT 106 OP LLC GRW RIO GRANDE PROPERTY LLC 430 E HYMAN AVE 205 S MILL ST #301A - 11653 E BERRY AVE ASPEN, CO 81611 ASPEN, CO 816112497 ENGLEWOOD, CO 801114156 FORTIER TIMOTHY MAROLT ENTERPRISES LLC TSE HOLDINGS LLC 601 RIO GRANDE PL #102 PO BOX 8705 601 RIO GRANDE PL #120 ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 PAM LLC JOSA LLC LCC ASPEN HOLDINGS LLC PO BOX 4446 601 RIO GRANDE #110 PO BOX 1550 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81612 SCHENKELBERG LLC K & J ENTERPRISES LLC OBERMEYER PLACE RENTAL GRP LLC 140 VISTA GRANDE 601 RIO GRANDE PL #119A 115 AABC GRAND JUNCTION, CO 81507 ASPEN, CO 81611 ASPEN, CO 81611 DIXIE DOG VENTURES LLC FURTHUR CANCUN LLC LANE TAMMIE 1690 HOMESTAKE DR PO BOX 2199 601 RIO GRANDE PL #118 ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 BRUNSWOLD KIRK ARTIM LLC KIMPLE 2004 TRUST 601 RIO GRANDE PL #118 PO BOX 30106 3505 TURTLE CREEK BLVD #PH20A ASPEN, CO 81611 NEW YORK, NY 10011 DALLAS, TX 75219 OLITSKY TAMAR & STEPHEN CARVER RUTH A OBERMEYER PLACE CONDO PO BOX 514 116 S ASPEN ST COMMON AREA GWYNEDD VALLEY, PA 19437 ASPEN, CO 81611 210 N MILL ST #201 ASPEN, CO 81611 620 E HOPKINS CONDO ASSOC GALENA PLAZA CONDO ASSOC BRAND BUILDING CONDO ASSOC COMMON AREA 420 E MAIN ST 205 S GALENA ST 620 E HOPKINS AVE ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 Attachment 11 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Amy Simon DATE: 10.25.16 APPLICANT: 533 E. Main, St. Mary's Church REPRESENTATIVE: Charles Cunniffe Architects, Stan Clauson Associates REQUEST: Giowth Management Review DESCRIPTION: St. Mary's church, a landmarked properly, is pursuing an interior remodel and an addition for special events and other church needs. HPC Conceptual approval, Special Review for parking, and Viewplane Exemption was granted on March 9, 2016 through Resolution #8, Series of 2016. The location of the approved addition was adjusted through Resolution #19, Series Of 2016, passed on Jun 8, 2016 after City Council remanded the decision bacl< to HPC for further evaluation. Two more land use review steps are required before the applicant can submit for a building permit; Council review of Growth Management, Essential Public Facility and HPC Final Major Development Review. Each of these must be submitted as a separate land use application. This pre-application summary will address Growth Management only. Some discussion of the potential employee generation of this project has already taken place. The HPC application included a representation by the applicant that no new employees will be generated. Comments from the Aspen Pitkin County Housing Authority were provided as part of the Development Review Committee process prior to HI'C. HPC provided a recommendation that an affordable housing audit be conducted two years after the project receives a Certificate of Occupancy and that, if new employees were added, mitigation be required. Council is the decision making body on this topic. Civic uses are typically determined to be "Essential Public Facilities" and are provided with the opportunity for Council to "assess, walve or partially waive affordable housing mitigation requirements as Is deetned appropriate and warranted for the purpose of promoting civic uses and in consideration of broader community goals, The employee generation rates may be used as a guideline, but each operation shall be analyzed for its unique employee needs, pursuant to Section 26.470.100, Calculations," Following is a list of Land Use Code Sections relevant to this review step, and a list of information that must be submitted to start the process. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.470.050 Growth Management General Requirements 26.470.070.4 Affordable Housing 26.470.090 Growth Management, Essential Public Facilities 26,470.100 Growth Management Employee Generation (for EPF review only) Review by: Staff for completeness and recommendation Council for determination Public Hearing: Yes Planning Fees: $3,250 for 10 hours of staff time. Any unbilled portion of this cleposit will be refuncled at the conclusion of the case. Additional staff hours, if needed, will be billed at $325 per hour. Referrals: None. Please note that a flat fee for APCHA referral was billed at 1-IPC Conceptual. Total Deposit: $3,250 To apply, first submit one printed copy of tile following information: Â¤ Completed Land Use Application and signed fee agreement. O An 8 1/2"x 11"vicinity map locating the subject parcel within the City of Aspen. El Pre-application Conference Summary (this document). El Street address and legal description of the parcel on which development is proposed to occuri 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 properly, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application, El 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. O HOA Compliance form (Attached). O List of adjacent properly owners within 300' for public hearing. O Scaled drawings representing the HPC Conceptual approval. 0 A written description of the proposal and an explanation of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. O Existing and proposed floor area and net leasable calculations. O An analysis of existing and anticipated employee needs for review of employee generation. Once the copy Is deemed complete by staff, the following items will then need to be submitted: 0 Fee for review of application. 0 A complete copy of the application, including all items listed above, provided by email to the assigned planner in .pdf format. 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. 2 RECEPTION#: )6, 03/28/2016 at i 10:51:10 AM, 1 OF 4, R $26.00 Doc Code RESOLUTION - Janice K. Vos Caudill, Pitkin County, CO RESOLUTION #8 (SERIES OF 2016) A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION GRANTING CONCEPTUAL MAJOR DEVELOPMENT, SPECIAL REVIEW, GROWTH MANAGEMENT AND VIEW PLANE APPROVAL FOR 533 E. MAIN STREET, LOTS A-I, BLOCK 93, CITY OF ASPEN, PITKIN COUNTY, COLORADO Parcel ID: 2737-073-31-801 WHEREAS, on May 4, 2015, the Community Development Department received an application from The Archdiocese of , Denver/St. Mary's Church, represented by Charles Cunniffe Architects and Stan Clauson Associates for the following land use review approvals: Major Development, Special Review, Growth Management and View Plane review; and WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, Building Department, Environmental Health Department, Parks Department, Parking Department, Public Works Department, and the Transportation Department as a result o f a Development Review Conimittee meeting held on July 15, 2015; and, WHEREAS, the Aspen Community Development Department reviewed the proposed Application and recommended approval with conditions; and, .WHEREAS, pursuant to Chapter 26.304, Common Development Review Procedures, and Section 26.304.060.B.4, Modification of Review Procedures, all other necessary land use reviews, as identified herein, have been combined to be considered by thE Historic Preservation Commission at a duly noticed public hearing after considering recommendations by the Community Development Director and relevant referral agencies; and, WHEREAS, such combination of review procedures was done to ensure clarity of review, was accomplished with all required public noticing provided as evidenced by an affidavit of public noticing submitted to the record, and the public was provided a thorough and full review of the proposed development; and, WHEREAS, the Historic Preservation Commission reviewed the Application at duly noticed public hearings on August 26, 2015; January 27, 2016 and March 9, 2016, during which time the recommendations of the Community Development Director and comments from the public were requested and heard by the Historic Preservation Commission; and, WHEREAS, during a duly noticed public hearing on March 9, 2016, the Historic Preservation Commission approved Resolution #83 Series of 2016, by a 4 to 3 vote, granting approval with the conditions listed hereinafter. NOW, THEREFORE BE IT RESOLVED BY THE HISTORIC PRESERVATION COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Historic Preservation Commission hereby grants Conceptual Major Development approval, Historic Preservation Commission Resolution #8, Series 2016 Page 1 of 3 Special Review and View plane Exemption for the proposal identified as Option B, including a connector to the existing structure, and makes a recommendation to City Council on the matter ' o f Growth Management review, with the following conditions: 1. No new exterior exit stair is approved at this time. 2. Continue to work on the design of the entry canopy for Final review. 3. Reduce the height of the trash enclosure, ifpossible. 4. HPC recommends to City Council that affordable housing mitigation be addressed by requiring that two years after Certificate of Occupancy of the project, an employee audit shall be conducted by the applicant. At such time, if any additional employees have been generated, the Church will mitigate by providing additional on-site housing or by the purchase of the Affordable Housing Credit Certificates. 5. The applicant shall incorporate the TIA improvements endorsed by Engineering into the Final design for the project. 6. The applicant shall incorporate the Parks Department's comments on sidewalk design and tree protection into the Final design for the project. 7. HPC finds that no new on-site parking is required for this project. 8. On March 9th, 2016, HPC reviewed story poles representing the height o f the project relative to the Courthouse View .Planes and confirmed the Community Development Department recommendation that Option B has a minimal effect on the viewplanes. , Section 2: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Applicant is required to obtain Final Major Development Review and Growth Management approval. A development application for a Final Development Plan shall be submitted within one (1) year of the date of approval of a Conceptual Development Plan. Failure to file such an'application within this time period shall render null and void the approval of the Conceptual Development Plan. The Historic Preservation Commission may, at its sole discretion and for good cause shown, grant a one-time extension of the expiration date for a Conceptual Development Plan approval for up to six (6) months provided a written request for extension is received no less than thirty (30) days prior to the expiration date. 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 Community Development Department and the Historic Preservation Commission are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions or an authorized authority. 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. Historic Preservation Commission Resolution #8, Series 2016 Page 2 of 3 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. FINALLY, adopted, passed and approved this 9th day o f March, 2016. Approved as to form: Approved as to content: Debbie Quinn, Assistant City Attorney Willis Pember, Chair Attest: Kathy Strickland, Deputy Clerk Historic Preservation Commission Resolution #8, Series 2016 Page 3 of 3 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. FINALLY, adopted, passed and approved this 9th day o f March, 2016. Approved as to form: 'plii:atii-2* content: Debbie Quinn, Assistant City Attorney Willis 96nlier, Chair Attest: 91'Ai IrtAL,~f - Kathy Stdckland, Deputy Clerk 1 1 , Historic Preservation Commission Resolution #8, Series 2016 Page 3 of 3 RESOLUTION #19 (SERIES OF 2016) A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION AMENDING CONCEPTUAL MAJOR DEVELOPMENT, SPECIAL REVIEW, GROWTH MANAGEMENT AND VIEW PLANE APPROVAL FOR 533 E. MAIN STREET, LOTS A-I, BLOCK 93, CITY OF ASPEN, PITKIN COUNTY, COLORADO Parcel ID: 2737-073-31-801 WHEREAS, on May 4, 2015, the Community Development Department received an application from The Archdiocese of Denver/St. Mary's Church, represented by Charles Cunniffe Architects and Stan Clauson Associates for the following land use review approvals: Conceptual Major Development, Special Review, Growth Management and View Plane review; and WIIEREAS, the Historic Preservation Commission reviewed the Application at duly noticed public hearings on August 26, 2015; January 27, 2016 and March 9, 2016, during which time the recommendations of the Community Development Director and comments from the public were requested and heard by the Historic Preservation Commission; and, WHEREAS, on March 9, 2016, the Historic Preservation Commission granted Conceptual Major Development, Special Review, Growth Management and View Plane approval by adopting Resolution #8, Series o f 2016, by a 4 to 3 vote; and, WHEREAS, pursuant to Section 26.415.120.B and C of the Municipal Code, following the adoption of a resolution approving a Conceptual Development Plan, the HPC Was required to promptly notify the City Council of its action to allow the City Council an opportunity to call-up the decision for additional discussion. Notice to City Council took place on April 11,2016 and a Call-up meeting took place on April 25,2016, at which time City Council directed HPC, by a 3-1 vote to reconsider the placement of the above grade addition included in the broject so that it is along the alley (Option A) rather than along Main Street (Option B.) Council also directed HPC to consider the elimination of a connector/enclosed hallway between the addition and the church; and WHEREAS, during a duly noticed public hearing on June 8, 2016, the Historic Preservation Commission, by a 4 to 1 vote, revised the approval encompassed in Resoldtion #8, Series of 2016, so as to require the above grade addition to be as represented in Option A. NOW, THEREFORE BE IT RESOLVED BY THE HISTORIC PRESERVATION COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: All provisions of Resolution #8, Series of 2016, remain in effect except that the approved design is Option A, as depicted in the March 901 Historic Preservation Commission packet for 533 E. Main Street. The approved Option A does not project into the Courthouse Viewplanes. RECEPTION#: 631336, 08/11/2016 at 09:35:02 AM, 1 OF 2, R $16.00 Doc Code RESOLUTION Historic Preservation Commission Janice K. Vos Caudill, Pitkin County, CO Resolution #19, Series 2016 Page 1 of 2 FINALLY, adopted, passed and approved this 8th day of June, 2016. App<oved as to form: Approved as to content: . Ah-n I Lici t. ~r---~ -7,4 .1 1 ..I l- *.-/ Debbie Quinn, Assistant City Attorney Gr*lwil GreenWAUCVize Chair Attest: #<c-#CU,Lf~ Kathy StricklAii, Deputy Clerk Historic Preservation Commission Resolution #19, Series 2016 Page 2 0 f 2 MEMORANDUM TO: APCHA Board of Directors FROM: APCHA Board of Directors THRU: Mike Kosdrosky, APCHA Executive Director Cindy Christensen, APCLIA Operations Manager DATE: August 20,2015 RE: EXPANSION OF ST. MARY'S CHURCH ISSUE: The applicant is seeking approval for an expansion the St. Mary' s Church. BACKGROUND: The application seeks approval for a reconfiguration to the front entry, interior remodeling to address building code issues, construction of a new exit stair on the southwest corner of the Church, and an addition for a conference/event space on the west side of the Church. The new pavilion is proposed to add an additional 8,000 square feet on the west side. Extending this civic use does require Growth Management review. This type of use typically is determined as an "Essential Public Facility." City Council does have the right to assess, waive or partially waive affordable housing mitigation requirements as is deemed appropriate and warranted for the purpose of promoting civic uses and in consideration of broader community goals. The current staff of St. Mary's is three full-time (the pastor, a parish ministries coordinate and a maintenance man) and two part-time (15-hour per week secretary and an eight-hour per week bookkeeper) employees. At 2,080 hours = 1 FTE, the current staffing is at 3.575 FTE's. The parish relies on volunteer work for set up and take down of large events and maintains its daily staffing and cleaning needs with a full-time maintenance man. DISCUSSION: The Church is zoned Commercial Core. Pursuant to Code Section 26.470.100, Calculations, for every 1,000 square feet of new net leasable developed above grade, 4.7 FTE's are generated. Mitigation is required at 60%. The first floor net leasable is approximately 2,470 square feet - 2,470 + 1,000 = 2.47 X 4.7 = 11.6 employees are generated; 11.6 X 60% = 6.96 FTE's for the first floor. Additional square footage in a basement does get a break since the space is less desirable. Every 1,000 square feet generates 3.2 employees, again at 60%. The proposed basement net leasable is approximately 3,940 square feet - 3,940 + 1,000 = 3.94 X 3.2 = 12.6; 12.6 X 60% = 7.6 FTE's for the basement level. Expansion of St. Mary's Church Page 1 Total employee mitigation due under the Land Use Code for the pavilion would be 14.56 FTE's. More than likely, City Council will give them a reduction. It is also highly unlikely that the pavilion will actually create 14.56 FTE's. The Church is saying that their employee generation will be zero. They have voluntarily provided housing for the priest and caretaker. There is a deed-restricted accessory dwelling unit located within the single-family home at 104 South Galena. Another section of the Code that City Council could take into consideration is related to historic properties. This specific section would calculate to a mitigation of 10.92 employees. Up to four employees generated by the additional commercial/lodge development shall not require the provision o f affordable housing. Thirty percent (30%) of the employee generation above four and up to eight employees shall be mitigated through the provision of affordable housing or cash-in-lieu thereof. Sixty percent of the employee generation above eight employees shall be mitigated through the provision of affordable housing or cash-in-lieu. 11.6 (generated by 1St floor dev.) + 12.6 (generated by basement dev.) = 24.2 First 4 employees 0 Next 4 - 8 at 30% (4 X 30%) 1.2 Above 8 at 60% (16.2 X 60%) 9.72 TOTAL 10.92 The use that the applicant is proposing for the pavilion will more than likely not create an additional 14.56 FTE's, or even the 10.92 FTE's. St. Mary's tries to satisfy two needs - those of the parish community and for other community meetings/events. One of the events that the Church hopes to accommodate are for wedding receptions as there are many weddings held in the church with no large space for the receptions. The new pavilion is proposed to be used for Catholic conferences and seminars as well. Although the applicant states that no additional employees will be needed to maintain the facility, the pavilion will allow for more conferences, etc., which does create the need for more employees in other areas; e.g., catering. RECOMMENDATION: The APCHA Board reviewed the application at their regular meeting held August 19, 2015 and recommend the following: 1. At this time, no additional FTE's should be required for mitigation purposes. 2. Two years upon completion of the addition, an employee audit shall be conducted by the applicant. At such time, if any additional employees have been generated, the Church will mitigate by providing additional on-site housing or by the purchase of the Affordable Housing Credit Certificates. Expansion of St. Mary's Church Page 2 6 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: sh. Hopas C 4.Lue C..Lu.~cl- It),2 5 Â·44Â»~ 9(- 9. 533 EÂ·11 0- , Aspen, CO SCHEDULED PUBLIC HEARING DATE: 447 M~,1 8,6 â‚¬ 9.ouf *1 , 20_U- STATE OF COLORADO ) ) SS. County of Pitkin ) I, (name, please print) being or representing an Applicant to tne-6,9 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: U./ 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 , 4' h.Â·i ". 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 i.Â· v. Â· copy of the o-wners and governmental agencies so noticed is attached hereto. 9â€ž: 't i.)122 ..'<' ' 1,32.f"i "J VM < NeighborhooW- 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, SPAs or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, 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. *AH JE-- I Vignattile The foregoing "Affidavit ofNotice" was acknowledged before me this R 0 day of 'Aff,1 \ , 201~, by ,>41Â«C-3-dA BE...uUu~ 22,9 J,AE,Flivil:2/*11/325/11/ir im *U 2 *op a. 0. "Art t:15~lifilitill?lis*R:.min,gi t: WITNESS MY HAND AND OFFICIAL SEAL 3% So-0-25- + Ne@BR.Â®211:26&111&13@21 1,01% irs , 1-Â»S-Â§'231'2,illii#56,1,%2*re *218% Al M~commission etrires: 1~le < 10 5 :G&#o gog 1 2 TER 9 5&99 5: : 8 #2 r>#= :2 0311=# 1. . illis :210% R/55&1&1 :3 92-:%6 W PRGE Â§53 & 225SN:,2 0/25 50,# 9Â°29 1 Kilit#11 Ci 121# i: wl N.i 4 1(8(Â«ttt-- ful lit 2 5%14#18 08 ingi N otary public :20 3 0 =1 8 18 241: 5% 36 55*21 :20@ 929- E IESÂ® %2 6~ -2 5 -98 C 0-iii 12 $ 1/3/13/3 62 ; 5: 2- 1- fkAREN REED PATTERSON ATTACHMENTS AS APPLICABLE~ NOTARY PUBLIC STATE OF COLORADO â€¢ COPY OF THE PUBLICATION NOTARY ID #19964002767 â€¢ PHOTOGRAPH OF THE POSTED NOTICE (SIGN) ~MycommsMmE*esÂ¥ebmary 15,1029 â€¢ LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL â€¢ APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. Â§24-65.5-103.3 Z 102 '02 1!Jdv uo sewil uedsv DZvA iend/0 I AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 104 S Galena St. and 533 E Main St., Aspen, CO SCHEDULED PUBLIC HEARING DATE: Monday. May Sth , 2011 STATE OF COLORADO ) ) SS. County of Pitkin ) I, Tawn Hillenbrand (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. IX- 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 _19th_ day of April , 20_17_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. _CK_ 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. . -NA 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) -NA_ 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. _NA_ Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. ~,0 Signature The foregoing "Affidavit of Notice" was acknowledged before me this _20th_ day of April , 20_17_,by Tawn Hillenbrand 1 WITNESS MY HAND AND OFFICIAL SEAL * PATRICK S. RAWLEY NOTARY PUBLIC ~-NOTARY ID #19994012259 STATE OF COLORADO My commission expires: 712-6 (20 4 0 My Cnmmisson Expires July 26, 22EJ re-c-8 /2 Â»tj-- Notary Public ATTACHMENTS AS APPLICABLE: â€¢ COPY OF THE PUBLICATION â€¢ PHOTOGRAPH OF THE POSTED NOTICE (SIGN) â€¢ LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL â€¢ APPLICANT CERTIFICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. Â§24-65.5-103.3 THE CITY OF AspEN City of Aspen 130 S. Galena Street, Aspen, CO 81611 p: (970) 920.5000 f: (970) 920.5197 w: www.aspe n pitkin.com NOTICE OF PUBLIC HEARING RE: 104 S. Galena Street and 533 E. Main Street, St. Mary's Catholic Church Public Hearing: 5:00 p.m., Monday, May 8, 2017 Meeting Location: City Hall, City Council Chambers 130 5. Galena Street, Aspen, CO 81611 Project Name: St. Mary's Catholic Church Project Location: 104 5. Galena Street/ 533 E. Main Street Legal Description: Lots A-I, Block 93, City and Townsite of Aspen, Colorado. PID#2737-073-31-801 Description: The applicant proposes to expand the existing church facility with a new social hall and meeting space. HPC has granted approval for Conceptual Major Development, Special Review and development within a Viewplane. Theapplicant now requests Growth Managementreview fortheexpansion of an Essential Public Facility, and an extension of the period of Vested Rights which will apply to the project. Land Use Reviews: Growth Management and Extension of Vested Rights Decision Making Body: Aspen City Council Applicant: Father John Hilton on behalf of The Archdiocese of Denver, 1300 S. Steele Street, Denver, CO 80210. More information: For further information related to the project, contact Amy Simon at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2758, amy.simon@cityofaspen.com. J 12 4 H '6, 9 1 4 :.4 *,r, 1,: '2 ..1 11 4 4 .4,5,1, 7 .~.A U'92 ' 1 , x '.' *I '* 'i ' :. Â· f 4 ..JAIA~ ' 74.4 7 , 0 , 1 U. . I: 42:414 ... .1/ ~I4'~' p:,4 '7177 Â·"2 '0 , r', , 2 8/:453,"A'* *& I V 39 7 <t 11'' , 4 4/ P. m= 6. -rG -1.' . 39.Al,r . 7,~ r,44 "' 1 '34 7.24 4. f '. 4 - f Mt w' ,.4 + 2 4% IiI,4â€ž . f , '.4 9: : j. "Â«,4 H040 *Â·c.- 1; 1,L.b,99'24Â·40#~2&*14 /1626~/Q/, '44*19.1.2, 9, U, ( 1 : + 1 ,ht' .L: 1. : ."11,4.3,"1,4.. r l.29~ i,poir 'f,4~.1~,4~'m*:6*?%987 *Aiek: p:'.:we;Â£:g.,;.41Â£rf:*Â¥. 41 4 1 ~St ' 1 I & ': ~ Â·;*i:5242&.k -~ , ,~~tki.u~-97:4''trifu*bi~ .~%~~:J~~~~2*.~,4,~~~-~~~~., 48/ 722 / ' U8Surf-1'8'/ W 49. 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'17'fip<20@#,.Â·,Â«Â·r,~a, I /3 + I ~r' e a e - 3~ ; 4..f. U Â·Sit " Â· f. r Â·~ 4 ,.trj " '~ "~~. dli' 'hi' 2 4%;b' '44,um,Ounpalgija.,' il:.JI i, J ~ .~~ ~i,~ " 42 7 ' . 0 tÂ· BÂ¥10'llip'~W:''p v /9 , '.5 #6 ...'. t. 9009---, 1 3 t , . * * r .1." 2Â«4tl.3,3<t,3 .,1.' I. tif: A V 442 9-4 Â·Â·:Â·*OpÂ»'.t~- 4.;%421-*, .h. PUBLIC NOTICE *~ DATE: Monday, May 8, 2017 ~ >- ~ TIME: 5:00 PM 6 79%923 Â«34 PLACE: City Hall, City Council Chambers, 130 S. GALENA ST. 1, . .4 ; PURPOSE: $ 74. 10.-92 -Â·. ~ 729< \ Father John Hilton, on behalf of The 1 Archdjocese of Denver, 1300 S. . ... f . 224:939'.1 91-* .*:Â·. r Steele Street, Denver, CO 80210, 44 ....r. -/* requests City Council approve - Growth Management & extension of . 46/ Vested Rights for a project which will expand the existing church - 4 . 14, facility with a new social hall and 1 ~ meeting space. - ~ FOR FURTHER INFORMATION CONTACT " ASPEN PLANNING DEPARTMENT AT 4970) 429.2758 76'38 _3 ' 4 2- 1624% . 4. -- 4 . ~ .~ I . f ./ . + 1 .. â€¢ 7, U 41 4 'fÂ· 4.- . . .. .. . 2 4/1 44. 2.. 01Â» ./ -FO STAN CLAUSON ASSOCIATES r, . k.. 1. t.- .... ., .f.91 .J - r.. ' .1 .7. Pitkin County Mailing List of 300 Feet Radius From Parcel: 273707331801 on 04/20/2017 4),THIN ' CouNT< 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:Uwww. pitkinmapsandmore.com KANDYCOMINC ASPEN PLAZA LLC ROTHBLUM MARCIA QTIP MARITAL TRUST 766 SINGING WOOD DR PO BOX 1709 40 E 80TH ST #PH 26A ARCADIA, CA 91006 ASPEN, CO 81612 NEWYORK, NY 10075 ROTHBLUM PHILIP ALH HOLDING CO 204 S GALENA ST LLC 40 E 80TH ST #PH 26A 435 E MAIN ST 2001 N HALSTED #304 NEW YORK, NY 10075 ASPEN, CO 81611 CHICAGO, IL 60614 HUNTER SQUARE LLC JURINE LLC CANTINA BUILDING LLC PO BOX 2 PO BOX 2 PO BOX 1247 SONOMA, CA 95476 SONOMA, CA 95476 ASPEN, CO 81612 CITY OF ASPEN PUBLIC FACILITIES AUTH 517 EAST HOPKINS ASPEN LLC GODIVA HOLDINGS LLC 130 S GALENA ST 2001 N HALSTED #304 435 E MAIN ST ASPEN, CO 81611 CHICAGO, IL 60614 ASPEN, CO 81611 SL PROPERTY LLC BORCHERTS HOLDE H REV TRUST BORCHERTS ROBERT H REV TRUST 2606 STATE ST 1555 WASHTENAW 1555 WASHTENAW DALLAS, TX 75204 ANN ARBOR, MI 48104 ANN ARBOR, MI 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NY 10065 NEW YORK, NY 10065 625 MAIN ASPEN LLC HOPKINS DEV LLC RUDIN MICHAEL & SABRINA 420 E MAIN ST 345 PARK AVE 33RD FLR 345 PARK AVE ASPEN, CO 81611 NEW YORK, NY 10154 NEW YORK, NY 10154 SPRING BUILDING CONDO ASSOC HOPKINS BARN LLC HOPKINS CABIN LLC 632 E HOPKINS AVE 623 E HOPKINS 623 E HOPKINS ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 BAD LLC ASPEN BLOCK 99 CONDO ASSOC MAIN STREET LANDLORD LLC 35850 S WOODLAND RD 532 E HOPKINS AVE 625 E HOPKINS CHAGRIN FALLS, OH 44022 ASPEN, CO 81611 ASPEN, CO 81611 426 EAST MAIN LLC M & G CONDO ASSOC 623 E HOPKINS AVE 426 E MAIN ST ASPEN, CO 81611 ASPEN, CO 81611 rrâ€¢Am *. T . Pitkin Maps & More -gal.-/fl~.-% 9,1... . 1.1 ~~ Pitkin Maps & More -- 82.6 Map Created on 4:29 PM 04/20/17 at http://www.pitkinmapsandmore.com .............11//ir- a lix ~ E FRANCIS 4 82 2,' 82 0 -6 11.2Â£ Â·.4. 4 . I 1-/6, 180: Legend ~ e.*. 02 1 1?j - State Highway 4*f 1 *.--elle Road Centerline 4K 9//2 42 --1. 2.- o Primary Road ~73#6.Al~: -I-9#1 -*CL ~ 10194 145-ed- . C - Secondary Road 4.1/% 1 4. ...1*..Fir Et Service Road 5'en pi. Â£37 Full Address Rivers and Creeks ~ Continuous 6.84 TKER ST - S - Intermittent - AU, A.* 0 4 River, Lake or Pond *1 2 I Itilf..42 Wi 2 ~~ Town Boundary Federal Land Boundary 2 , I Â¤ BLM Â¤ State of Colorado USFS Â¤ :till'lo 7 .<Mii'll'lill -~2 11 6,7 ie- 4/0 1 91.2 ..Ul/72 -r..1.6$Â£/FE == J.J 2:P! r '-11 t./bill 1 e. -1 1 -- 752.2 0 376.08 752.2 Feet THIS MAP IS FOR INFORMATIONAL PURPOSES. -I Pitkin County GIS makes no warranty or guarantee 1:4,513 concerning the completeness, accuracy, or reliability WGS_1984_Web_Mercator_Auxiliary_Sphere of the content represented. MEMORANDUM TO: Mayor Skadron and City Council THRU: Jessica Garrow, Community Development Director FROM: Amy Simon, Historic Preservation Officer RE: 104 S. Galena Street and 533 E. Main Street, St. Mary's Catholic Church- Growth Management and Vested Rights, First Reading of Ordinance #12, Series of2017 Public Hearing Date: May 85 2017 DATE: April 24,2017 SUMMARY: St. Mary's Catholic Church is pursuing approval for an addition that will function as a social hall, to accommodate new classroom and gathering spaces. St. Mary's is a designated landmark and is located in the Commercial Core Historic District. HPC has granted Conceptual design approval, Special Review and View Plane Exemption for the project. HPC' s initial March 2016 decision was called up by City Council with regard to the location of the above ground portion of the new social hall and the decision was remanded for additional consideration. HPC revised their approval, consistent with Council's direction, in June 2016. The project still requires Growth Management approval from Council, and the applicant also requests that Council address their period of Vested Rights. After this review step is complete, St. Mary' s must return to HPC with their Final selections for materials, fenestration, exterior lighting and landscape. APPLICANT: Father John Hilton on behalf of St. Mary's Catholic Church, authorized by The Archdiocese of Denver and represented by Charles Cunniffe Architects and Stan Clauson Associates. ADDRESS: 104 S. Galena Street and 533 E. Main Street, Lots A-I, Block 93, City and Townsite of Aspen, Colorado . PARCEL ID: 2737-073-31-801. ZONING: CC, Commercial Core. STAFF REVIEW: St. Mary's has received previous land use approvals for the addition of an elevator serving the church structure and for the construction of the of the garage and employee 1 units at the center of the property. These expansions were exempt from GMQS because they were not net leasable commercial space or free market housing requiring mitigation. The proposed new social hall could be viewed as net leasable commercial space, however religious uses in Aspen have generally been considered to be "Essential Public Facilities," a status which allows City Council to assess, waive or partially waive affordable housing mitigation requirements as is deemed appropriate and warranted for the purpose of promoting civic uses and in consideration of broader community goals. An Essential Public Facility, according to the Municipal Code, is a facility which serves an essential public purpose, is available for use by or benefit of the general public, and serves the needs of the community. Christ Episcopal Church at 536 W. North Street, Crossroads Church at 726 W. Francis Street, and Aspen Jewish Community Center at 435 W. Main, are all examples of similar facilities that have recently been given this designation at the time that their structures were expanded. The Community Development Director identified St. Mary' s as an Essential Public Facility and staff, APCHA and LIPC reviewed this project and prepared recommendations to City Council with this understanding. According to the Growth Management chapter of the Municipal Code, the employee generation rates identified for new development in Aspen may be used as a guideline for an Essential Public Facility, but each operation shall be analyzed for its unique employee needs. At the time of the APCHA board review and comment on St. Mary' s project, in September 2015, the proposed social hall was different than the design that received HPC Conceptual approval. Initially, the new construction was to be about 2,500 square feet above grade and 4,000 square feet below grade. A historic property creating new net leasable space in this configuration in the Commercial Core zone district would be required to mitigate by providing housing for approximately 11.76 Full-Time Equivalent employees (the APCHA referral contains a minor math error and states a mitigation of 10.92 FTE's.) APCHA recognized the applicant's argument that the current church staff (three full-time and two part-time employees) and the many volunteers who serve the church would be able to manage the new needs generated by periodic use of the social hall. To some extent, the new meeting areas being constructed are alleviating overcrowded activities that are already occurring in the existing church structure or in temporary tents when needed for special events. The Housing Board did suggest an employee audit be conducted two years after the Certificate of Occupancy, and if additional employees have been generated, the applicant will need to provide on-site employee housing or mitigation for those new employees through the purchase of a Certificate of Affordable Housing Credit. As this project evolved through the HPC review process, most of the new construction was moved below grade to reduce visual impacts on the historic resource, leaving about 1,300 total square feet on the ground floor and 7,000 square feet at the basement level. Commercial development of this scale would require mitigation for approximately 14.97 employees HPC concluded their Growth Management review in March 2016, found that these generation rates were not representative of how the space would be used, and agreed with the condition for 2 an audit in the future, as does the applicant. Planning staff did suggest the possibility of formally deed-restricting some of the existing free market housing on the site contained in the Rectory as part of the construction of the addition, but this did not gain support from APCHA or HPC. The Growth Management review criteria to be applied by City Council are identified in Exhibit A, along with staff findings. An audit, as recommended by APCHA and HPC, and included in the attached Ordinance, has been identified to be the best way to evaluate whether this project does in fact cause the applicant to bring on additional staff to service the new space. A baseline of 3.575 FTE's are currently employed by St. Mary's. New employees added within two years of the issuance of a Certificate of Occupancy must be mitigated at the rate the Municipal Code requires today. Mitigation will be required in the form of on-site housing or by the purchase of the Affordable Housing Credit Certificates, to be reviewed and approved according to the provisions of the Municipal Code and Aspen Pitkin County Housing Authority guidelines as applicable. The second topic to be addressed by Council, Extension or Reinstatement of Vested Rights, is also addressed in Exhibit A, with a listing of the review criteria and staff findings. Along with the new addition discussed in this application, St. Mary' s is undertaking a substantial interior remodel of the existing structure, including a number of safety and mechanical upgrades, at a cost of approximately $6 million. The social hall expansion is also a substantial expense and will require fundraising over a period of years. This is the primary reason that the applicant has requested Council approval for Vested Rights lasting 10 years, rather than the standard period of 3 years. The applicant's request for additional time to fundraise for this civic project is valid. The proposed addition to the church does not appear to be in conflict with any of the code amendments approved as part of the recent moratorium. Only about 1,300 square feet will be added to the church above grade. The above grade expansion is below the height of the existing Courthouse viewplanes which cross the property, and Council has not been discussing dropping the height o f those planes. Staff finds this criterion to be met. STAFF RECOMMENDATION: Staff and HPC recommend Council grant Growth Management approval and Vested Rights as stated in the Ordinance. RECOMMENDED MOTION: "I move to approve Ordinance #12, Series of 2017, on First Reading." CITY MANAGER COMMENTS: EXHIBITS: Ordinance #12, Series of 2017 Review Criteria and Findings Application HPC Resolution #8, Series of 2016 APCHA Referral Comment 3 0 300> ORDINANCE #12 (SERIES OF 2017) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING GROWTH MANAGEMENT AND VESTED RIGHTS FOR AN ESSENTIAL PUBLIC FACILITY AT 104 S. GALENA STREET AND 533 E. MAIN STREET, ST. MARY'S CATHOLIC CHURCH, LOTS A-I, BLOCK 93, CITY AND TOWNSITE OF ASPEN, COLORADO Parcel ID: 2737-073-31-801 WHEREAS, the Community Development Department received an application for Growth Management review and Vested Rights for an expansion to St. Mary's Catholic Church. St. Mary' s proposes the construction of a social hall to accommodate new classroom and gathering spaces. The application was submitted by Father John Hilton on behalf of St. Mary's Catholic Church, authorized by The Archdiocese of Denver and represented by Charles Cunniffe Architects and Stan Clauson Associates. The application requires the following land use review approvals: â€¢ Growth Management Review - Essential Public Facility, pursuant to Municipal Code Section 26.470; and, â€¢ Extension or Reinstatement of Vested Rights pursuant to Municipal Code Section 26.308.010.C.; and WHEREAS, all code citation references are to the City of Aspen Land Use Code in effect on the day of initial application - MaY 5,2015, as applicable to this Project; and, WHEREAS, pursuant to Chapter 26.304.060 of the Land Use Code, the Community Development Director has elected to allow combined reviews in this case where more than one development approval is being sought simultaneously; and, WHEREAS, the Community Development Department received referral comments in August 2015 from the Aspen/Pitkin County Housing Authority board related to the Growth Management component of Council's review. The board recommended an employment audit two years after completion of the project, to determine if any affordable housing mitigation is warranted; and, WHEREAS, On March 9, 2016, the Historic Preservation Commission provided a recommendation to Council regarding Growth Management as part of their evaluation of the project for Conceptual Major Development, Special Review and Viewplane compliance. HPC recommended that City Council approve the application with the condition recommended by the Aspen/Pitkin County Housing Authority board; and WHEREAS, the Community Development Department reviewed the application and the recommendations of APCHA and HPC and recommended approval with conditions; and, Ordinance #12, Series 2017 Page 1 of 4 WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of APCLIA, the HPC, and the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion ofpublic health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby grants approval for Growth Management Essential Public Facility and Vested Rights for the development of the site subject to the conditions of approval as listed herein. 1. Two years after Certificate of Occupancy, an employee audit shall be conducted showing the current FTE head count at that time. If additional employees, beyond the 3.575 FTE's represented in this application are identified, mitigation will be required, at the rate the Municipal Code requires at the time of this approval. Mitigation will be required in the form of on-site housing or by the purchase of the Affordable Housing Credit Certificates, to be reviewed and approved according to the provisions of the Municipal Code and Aspen Pitkin County Housing Authority guidelines as applicable. 2. The auditor and audit will be reviewed and approved by APCHA. Any costs associated with the audit will be at the expense o f the applicant. 3. Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Applicant is required to obtain Final Major Development Review from HPC following approval of the reviews outlined herein. The applicant must apply for Final review no later than one (1) year following HPC's approval of Conceptual Major Development, which occurred on June 8, 2016. Failure to file such an application within this time period shall render the Conceptual Major Development approval, and therefore this Growth Management and Vested Rights approval null and void. This deadline may be extended pursuant to Section 26.415.070.D and 26.445.090.C of the Municipal Code. Section 2: No later than fourteen (14) days following Final Major Development approval by the Historic Preservation Commission, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right Ordinance #12, Series 2017 Page 2 0 f 4 pursuant to Chapter 26.308, Vested Property Rights. Pursuant to Â§ 26.304.070(A), Development Orders, such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of ten (10) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 104 S. Galena Street and 533 E. Main Street, St. Mary's Catholic Church, Lots A-I, Block 93, City and Townsite of Aspen, Colorado. Nothing in this approval shall exempt the Development Order from subsequent reviews and approvals required by this Ordinance of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this Ordinance. The vested rights granted hereby shall be subject to all rights of referendum and judicial review. The period of time permitted by law to exercise the right of referendum to refer to the electorate this Section of this Ordinance granting vested rights; or, to seek judicial review of the grant of vested rights shall not begin to run until the date o f publication of the notice of final development approval as set forth above. The rights of referendum described herein shall be no greater than those set forth in the Colorado Constitution and the Aspen Home Rule Charter. 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 Community Development Department, the Historic Preservation Commission, or the Aspen City Council are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions or an authorized authority. Section 4: This Ordinance 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 Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 6: A public hearing on this ordinance shall be held on the 8th day of May, 2017, at a meeting of the Aspen City Council commencing at 5:00 pm in the City Council Chambers, Aspen City Hall, Ordinance #12, Series 2017 Page 3 0 f 4 Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City ofAspen on the 24th day of April, 2017. Attest: Linda Manning, City Clerk Steven Skadron, Mayor FINALLY, adopted, passed and approved this day of ,2017. Attest: Linda Manning, City Clerk Steven Skadron, Mayor Approved as to form: James R. True, City Attorney Ordinance #12, Series 2017 Page 4 0 f 4 EXHIBIT A See. 26.470.090.4. Essential public facilities. The development of an essential public facility, upon a recommendation from the Planning and Zoning Commission, shall be approved, approved with conditions or denied by the City Council based on the following criteria: a. The Community Development Director has determined the primary use and/or structure to be an essential public facility (see definition). Accessory uses may also be part of an essential public facility project. b. Upon a recommendation from the Community Development Director, the City Council may assess, waive or partially waive affordable housing mitigation requirements as is deemed appropriate and warranted for the purpose of promoting civic uses and in consideration ofbroader community goals. The employee generation rates may be used as a guideline, but each operation shall be analyzed for its unique employee needs, pursuant to Section 26.470.100, Calculations. Staff Finding: A recommendation to City Council was provided by HPC, rather than P&Z, because they are the review board with authority over landmark designated properties. The employee mitigation generated by this project given its Commercial Core location is arguably 14.97 employees, however St. Mary's social hall is highly unlikely to have the impacts of the sorts of retail, restaurant, office or lodge spaces that were referenced to establish the employee generation rates used for that calculation. Section 26.470.100.A of the Municipal Code notes the following considerations for employee generation at Essential Public Facitlities: a) The expected employee generation of the use considering the employment generation pattern of the use or of a similar use within the City or a similar resort economy. b) Any unique employment characteristics of the operation. c) The extent to which employees of various uses within a mixed-use building or of a related off-site operation will overlap or serve multiple functions. d) A proposed restriction requiring full employee generation mitigation upon vacation of the type of business acceptable to the Planning and Zoning Commission. e) Any proposed follow-up analyses of the project (e.g., an audit) to confirm actual employee generation. An audit, as recommended by APCIIA and HPC, and included in the attached Ordinance, has been identified to be the best way to evaluate whether this project does in fact cause the applicant to bring on additional staff to service the new space. A baseline of 3.575 FTE's are currently employed by St. Mary's. New employees added within two years of the issuance of a Certificate of Occupancy must be mitigated at the rate the Municipal Code requires today. Mitigation will be required in the form of on-site housing or by the purchase of the Affordable Housing Credit Certificates, to be reviewed and approved according to the provisions ofthe Municipal Code and Aspen Pitkin County Housing Authority guidelines as applicable. Section 26.308.010.C., Extension or Reinstatement of Vested Rights. The City Land Use Code provides that development applications for an extension of vested rights may be approved in accordance with the following standards and requirements. 1. In reviewing a request for the extension or reinstatement of vested rights the City Council shall consider, but not limited to, the following criteria: a. The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement; Staff Finding: Following this review by Council, the application requires Final review by HPC. At that time, any conditions of approval for the project will be incorporated into a Resolution and resolved as part of building permit review. Staff finds this criterion to be met. b. The progress made in pursuing the project to date including the effort to obtain any other permits, including a building permit, and the expenditures made by the applicant in pursuing the project; Staff Finding: In addition to the expansion discussed in this application, St. Mary's is undertaking a substantial interior remodel of the existing structure, including a number of safety and mechanical upgrades, at a cost of approximately $6 million. The social hall expansion is also a substantial expense and will require fundraising over a period of years. This is the primary reason for the request for Vested Rights lasting 10 years, rather than the standard period of 3 years. Staff finds this criterion to be met. c. The nature and extent of any benefits already received by the city as a result of the project approval such as impact fees or land dedications; Staff Finding: The project addressed in this application has not begun, so no fees have been collected. However, as part of the interior remodel permit that is currently being reviewed, the applicant will be repairing a number of deficiencies related to the sidewalks and drainage in the public rights-of-way along their Main Street and Hunter Street frontages. Aside from this development application, St. Mary's Catholic Church provides innumerable benefits to the Aspen community. Staff finds this criterion to be met. d. The needs of the city and the applicant that would be served by the approval of the extension or reinstatement request. Staff Finding: The applicant's request for additional time to fundraise for this civic project is valid. The proposed addition to the church does not appear to be in conflict with any of the code amendments approved as part of the recent moratorium. Only about 1,300 square feet will be added to the church above grade. The above grade expansion is below the height of the existing Courthouse viewplanes which cross the property, and Council has not been discussing dropping the height of those planes. Staff finds this criterion to be met. 2. An extension or reinstatement may be in the form of a written agreement duly authorized and executed by the applicant and the City. Reasonable conditions may be imposed by the City Council including, but not limited to, compliance with any amendments to this Title adopted subsequent to the effective date of the development order and associated vested rights. Staff Finding: Approval of a ten year period of Vested Rights is noted in the attached Ordinance. Vested Rights will be go into effect at the time that a Development Order for the project is issued, after HPC Final approval. Staff finds this criterion to be met. 3. If the request is for reinstatement of a revoked development order, the City Council shall determine the financial impacts of the investigation and may require the applicant to pay the reasonable costs of investigation, enforcement and reporting by City staff. Staff Finding: This is not a request for reinstatement. Staff finds this criterion to be not applicable. LAND USE APPLICATION GROWTH MANAGEMENT-ESSENTIAL PUBLIC FACILITY St. Mary Catholic Church / Archdiocese of Denver 14 February 2017 Location: 533 E. Main St., Aspen, Colorado 2/43.993 00% M t, 44{ h F -t- fi,/ it RA , LI-< <01 1 / ,;Ad.4-1 /,, 5 4 1 - Â· O 2Â·b,1 '1 -'-1.*- ' 2.,-aj. . rt-11-1.-t ...\'fl--5 2 3 2-7 - -iF Â·- ilt:1. 77 . DI f 1 -1 -*D ..1\ 1)< 1 3 'b , *i-i#45*'IMI'll'llilill'IMPT L, i - 7 . 4.4 -'.4 bal= T , 1 ' lit.: 2 1 i. .-NEÂ¢4 An app/ication for Growth Management, Essentia/ Pub/ic Faci/ity and extended vested rights for redevelopment of St. Mary's Church within the Main Street Historic District. Represented By: iv/'1 C STAN CLAUSON ASSOCIATESINc lands.ape /rchitectuie.pl/nning.iesvit de,ign ~~~41 412 1,0,th Mill 511/el Aspen. Cotorido 81611 t.9/u/925Â·2]2] 1.970,920Â·1628 Atji~ infoascaplarining.corn v...w.5caplanning.com TABLE OF CONTENTS â€¢ Project Overview and Code Response â€¢ Attachment 2 - Land Use Application â€¢ Attachment 3 - Dimensional Requirements Form â€¢ Attachment 4 - Vicinity Map & Parcel Descriptions â€¢ Attachment 5 - Existing Conditions Survey â€¢ Attachment 6 - Architectural Plans & Renderings â€¢ Attachment 7 - Proof of Ownership â€¢ Attachment 8 - Letter of Authorization â€¢ Attachment 9 - Previous Approvals â€¢ Attachment 10- Adjacent Property Owners â€¢ Attachment 11 - Pre-Application Conference Summary Growth Management, Essential Public Facility St. Mary Catholic Church / 533 E. Main Street, Aspen 14 February 2017 PROJECT OVERVIEW This application is submitted for Growth Management, Essential Public Facility, and extended vested rights in connection with the expansion of St. Mary Catholic Church (the "Church") to provide additional meeting space for parish activities and occasional special events. Ten (10) years of extended vesting is requested. The additional space will be located partially above grade, to the west of the historic Church, with a majority of development being located in a below grade parish hall. The additional space is needed to accommodate existing parish activities and occasional special events and no new employees will be required in connection with the addition as many of the Church functions are administered and/or slaffed by parishioners and other volunteers. An interior remodel of the Church is also being pursued independent of the exterior additions to the Church. The intent of the interior remodel is to bring back a historically appropriate appearance while upgrading Church systems. The Church is situated on the corner of Main Street and Hunter Street within the commercial core zone and Main Street Historic District. This application is prepared in conformance with pre- application conference summary dated 25 October 2016. Conceptual Major Development, Special Review for parking, and Viewplane Exemption were approved by the Historic Preservation Commission (HPC) by Resolution #19, Series of 2016. This Conceptual Approval was granted following the City Council conducted call-up review of the initial HPC approval which approved the above grade portions of the addition to the Church adjacent to Main Street. During Conceptual reviews, this option was referred to as Option B. Council requested HPC to reconsider their initial approval and provided a recommendation that the above grade portion of the addition be located to the rear of the property, adjacent to the alley. This configuration was referred to as Option A during Conceptual reviews. At a public hearing held 8 June 2016, the HPC revised their initial approval encompassed in Resolution #8, Series of 2016, and required the above grade addition to conform with Option A, as presented in the 9 March 2016 staff memorandum, The Church is considered a civic use and an Essential Public Facility. This designation allows City Council to assess, waive, or partially waive affordable housing mitigation requirements as the function of the Church supports broader community goals. The Church plays a very unique role in the Community. Beyond being a living touchstone to Aspen's mining, ranching, and early resort development days, with many current parishioners coming from families that were integral to the development of Aspen, the Church also provides many community based functions, the most visible being the annual St. Patrick's Day celebration. The creation of a largely subgrade parish social hall will provide current parish programs, which consist of, but are not limited to, religious education classes, various parish meetings, AA and Al-anon meetings, the Aspen Homeless Shelter, and occasional special speaking engagements, badly needed space. The Church currently consists of the historic 10,950 SF church, the historic 3,160 SF rectory, and a 2,254 SF garage/parish employee housing unit. The housing unit is not deed restricted but will always be occupied by an employee of the parish. Due to the limited space and the active parish calendar, parish events are often forced to be held in less than ideal circumstances with religious education classes held in the hallway and with constant setup and take down to get ready for the next event. The additional space will provide approximately 9,000 SF of new meeting space, of which only 1,000 SF of new floor area will be added in the above grade addition. The Aspen Pitkin County Housing Authority (APCHA) has previously determined that the current staffing of the Church (three full-time and two part-time employees) is equivalent to 3.575 FTE's. The Housing Board has recommended no mitigation requirement based on the Church's claim that no additional employees will be required to accommodate the additional meeting space. 1IPage Growth Management, Essential Public Facility St. Mary Catholic Church / 533 E. Main Street, Aspen 14 February 2017 The Housing Board did suggest, and Staff has agreed, that an employee audit be conducted two years after receiving Certificate of Occupancy, and if additional employees have been generated, the applicant would need to provide additional on-site employee housing or mitigation through the purchase of a Certificate of Affordable Housing Credit. The Church supports the concept of the audit as the Church is very confident that current staff needs are adequate. The Applicants have worked to design a project that meets City goals with respect to redeveloping a historic building and that provides for the important civic uses pursued by the parish. 21Page Growth Management, Essential Public Facility St. Mary Catholic Church / 533 E. Main Street, Aspen 14 February 2017 4 Code Response 26.308.010.C. Extension or reinstatement of vested rights. The City Council may, by resolution at a public hearing noticed by publication, mailing and posting (See Subparagraphs 26.304.060IE][3][a][b] and [c]) approve an extension or reinstatement of expired vested rights or a revoked development order in accordance with this Section. 1. Iii 1Â·eviewing a request for the extension or reinstatement ofvested rights the City Council shall consider, but not be limited to, the following criteria: a) The applicant's compliance with any conditions requitÂ·ing performance prior to the date of application for extension or reinstatement; Extended vesting of ten (10) years is requested prior to final approval. Vesting will be conditioned on final approval being granted by HPC and applicant will fulfill any and all conditions imposed. b) The progress made in pursuing the project to date including the effort to obtain any other permits, including a building peiÂ·mit and the expenditures made by the applicant in pursuing the project; The Parish has pursued a very involved interior remodel aimed at restoring the historic appearance of the interior. The interior remodel is estimated to cost $6 million. This is a very costly and time consuming effort. The subgrade parish hall and associated development will likewise be very expensive and involved. As such, fund raising, engineering studies, and architectural detailing will take substantial time and effort. c) The nature and extent of any benefits already received by the City as a result of the . project approval such as impact fees or land dedications; The Church plays a very unique role in the Community by providing many community-based functions, the most notable being the annual St. Patrick's Day celebration, religious education classes, various parish meetings, AA and Ai-anon meetings, the Aspen Homeless Shelter, and occasional special speaking engagements. The new parish hall will provide much needed space for all of these programs and more. cl) The needs of the City and the applicant that would be served by the approval of the extension or reinstatement request. Extended vesting will allow for fundraising and engineering studies to occur that will ultimately benefit the community by enhancing and supporting the expansion of this important civically oriented organization. 26.470.050. General requirements. A. Purpose: The intent of growth management is to provide for orderly development and redevelopment of the City while providing mitigation from the impacts said development and redevelopment creates. Different types of development are categorized below, as well as the necessary review process and review standards for 31Page Growth Management Essential Public Facility St. Mary Catholic Church / 533 E. Main Street, Aspen 14 February 2017 the proposed development. A proposal may fall into multiple categories and therefore have multiple processes and standards to adhere to and meet. A. General requirements: All development applications for growth manngenient 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 PaiÂ·agraph 26.470.090.1 shall not be required to meet this standard. Sufficient Growth Management allotments are available to accommodate the proposed development without requesting multi-year allotments. 2. The proposed development is compatible with land uses iii the surrounding area, as well as with any applicable adopted regulatory master plan. The proposed development adheres to current land uses in the surrounding area, as well as applicable adopted regulatory master plans. The proposed development is intended to support the current and ongoing activities pursued by the Church, an important historic and cultural resource of the City of Aspen. The activities that will utilize the additional space get at the heart of what the Aspen community is about and embodies the ethos left to us by Walter Paepcke of mind, body, and spirit. 3. The development conforms to the requirements and limitations o f the zone district. The development conforms to the requirements set forth in the Commercial Core (CC) zone district. The CC zone district allows development up to a floor area ration of 2.75:1. For the Church site, this would equate to up to approximately 74,000 SF of floor area. The current proposal will add approximately 3,200 SF. Total floor area will therefore be less than 20,000 SF, well below development maximums. No setbacks are applicable to the Church site and no minimum public amenity or open space requirements exist for the site. 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. The proposed development conforms with Resolution #19, Series of 2016. The proposed additions will be constructed in conformance with the configuration of the addition shown as Option A in the 9 March 2016 staff memorandum. 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 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 41Page Growth Management, Essential Public Facility St. Mary Catholic Church / 533 E. Main Street, Aspen 14 February 2017 Chapter 26.540, such Certificate shall be extinguished pursuant to Chapter 26.540.90 Criteria for Administrative Extinguishment of the Certificate. No additional employees are anticipated to be required following the construction of the proposed development. The Church is considered a civic use and an Essential Public Facility. This designation allows City Council to assess, waive, or partially waive affordable housing mitigation requirements as the function of. the Church supports broader community goals. The Aspen Pitkin County Housing Authority (APCHA) has previously determined that the current staffing of the Church (three full-time and two part-time employees) is equivalent to 3.575 FTE's. The Housing Board has recommended no mitigation requirement based on the Church's claim that no additional employees will be required to accommodate the additional meeting space. The Housing Board did suggest, and Staff has agreed, that an employee audit be conducted two years after receiving Certificate of Occupancy, and if additional employees have been generated, the applicant would need to provide additional on-site employee housing or mitigation through the purchase of a Certificate of Affordable Housing Credit. The Church supports the concept of the audit as the Church is very confident that current staff needs are adequate. 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 (30Â°/o) 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 iii Section 26.470.100 Employee/Square Footage Conversion. No free-market development is proposed. No employee housing mitigation is proposed to be constructed as current staffing, which is provided by employees of the church and through volunteers, is currently adequately housed. 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. The project represents minimal additional demand on public infrastructure as the proposed development will be to support a current civic use. Sufficient water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking and road and transit services will or have been provided. Improvements to the pedestrian network is being completed in conjunction with the interior remodel of the church which is being pursued separate from the proposed development. 51Page Growth Management, Essential Public Facility St. Mary Catholic Church / 533 E. Main Street, Aspen 14 February 2017 26.470.070.4. Affordable housing. The development of affordable housing deed-restricted in accordance with the Aspen/Pitkin County Housing Authority Guidelines shall be approved, approved with conditions or denied by the Planning and Zoning Commission based on the following criteria: a. The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing Authority. A recommendation from the Aspen/Pitkin County Housing Authority shall be required for this standard. The Aspen/Pitkin County Housing Authority may choose to hold a public hearing with the Board of Directors. No additional affordable housing units will be developed. e. Non-Mitigation Affordable Housing. Affordable housing units that are not required for mitigation, but meet the requirements of Section 26.470.070.4(a-d). The owner of such nonmitigation affordable housing is eligible to receive a Certificate of Affordable Housing Credit pursuant to Chapter 26.540, A non-deed restricted employee housing unit exists on site that will continue to house the employees of the Church. The.Church is not seeking any Affordable Housing Credits for this unit. Sec. 26.470.090. City Council applications. The following types of development shall be approved, approved with conditions or denied by the City Council, pursuant to Section 26,470.110, Procedures for review,and the criteria for eacli type of development described below. Except as noted, all growth management applications shall comply with the general requirements of Section 26.470.050. Except as noted, all City Council growth management approvals shall be deducted from the respective annual development allotments and development ceiling levels. 1. Multi-year development allotment. The City Council, upon a recommendation from the Planning and Zoning Commission, shall approve, approve with conditions or deny a multi-year development allotment request based on the following criteria: Multi-year development allotments are not sought as a part of this application. 1. Essential public facilities. The development of an essential public facility, upon a recommendation fiÂ·om the Planning and Zoning Commission, shall be approved, approved with conditions or denied by the City Council based on the following criteria: a. The Community Development Director has determined the primary ilse and/or structure to be an essential public facility (see definition). Accessory uses may also be part of an essential public facility project. The proposed addition is an essential public facility as defined in Sec. 26.104.100-A facility which serves an essential public purpose is available for use by or benefit of, the general public and serves the needs of the community. The Church plays a very unique role in the Community. Beyond being a living touchstone to Aspen's mining, ranching, and early resort development days, with many current parishioners coming from families that were integral to the development of Aspen, the Church also provides many community based functions, the most visible being the annual St. Patrick's Day celebration. The creation of a largely subgrade parish social hall will provide current parish 61Page Growth Management, Essential Public Facility St. Mary Catholic Church / 533 E. Main Street, Aspen 14 February 2017 4 - 1 programs, which also consist of, but are not limited to, religious education classes, various parish meetings, AA and Al-anon meetings, the Aspen Homeless Shelter, and occasional special speaking engagements, badly needed space. b. Upon a recommendation from the Community Development Director, the City Council may assess, waive or partially waive affordable housing mitigation requirements as is deemed appropriate and warranted for the putÂ·pose of promoting civic uses and in consideration of broader community goals. The employee generation rates may be used as a guideline, but each operation shall be analyzed for its unique employee needs, pursuant to Section 26.470.100, Calculations. As previously stated, the Church plays a very unique role in the Community. The Aspen Pitkin County Housing Authority (APCHA) has previously determined that the current staffing of the Church (three full-time and two part-time employees) is equivalent to 3.575 FTE's. The Housing Board has recommended no mitigation requirement based on the Church's claim that no additional employees will be required to accommodate the additional meeting space. The Housing Board did suggest, and Staff has agreed, that an employee audit be conducted two years after receiving Certificate of Occupancy, and if additional employees have been generated, the applicant would need to provide additional on-site employee housing or mitigation through the purchase of a Certificate of Affordable Housing Credit. The Church supports the concept of the audit as the Church is very confident that current staff needs are adequate. c, The applicant has made a reasonable good-faith effort in pursuit of providing the required affordable housing through the purchase and extinguishment of Certificates of Affordable Housing Credit. The Church currently maintains an off-site deed restricted affordable housing unit which is occupied by employees of the Church. These employees have met all applicable APCHA qualifications. The Church also maintains an onsite, non-deed restricted unit, that is available for staff needs. Many of the Church functions are administered and/or staffed by members of the parish and other volunteers that have their own housing. d. The proposal furthers affordable housing goals, and the fee-in-lieu payment will result in the near-term production of affordable housing units. Not applicable. The City Council may accept any percentage of a project's total affordable housing mitigation to be provided through a fee-in-lieu payment, including all or none. Unless otherwise required by this Title, the provision of affordable housing mitigation via a fee-in-lieu payment for 0.25 FTEs oiÂ· less shall not require City Council approval. 2. Preservation of significant open space parcels. On a project-specific basis and upon a recommendation from the Planning and Zoning Commission, the City Council shall approve, approve with conditions or deny development of one (1) or more residences in exchange for the permanent preservation of one (1) or more parcels considered significant for the preservation of open space. The preservation parcel may lie outside the City jurisdiction. The exempted residential units shall be deducted from the respective annual development allotment established pursuant to 71Page Growth Management, Essential Public Facility St. Mary Catholic Church / 533 E. Main Street, Aspen 14 February 2017 Subsection 26.470.030.D and the development ceiling levels established pursuant to Subsection 26.470.030.C. The exempted residential units shall provide affordable housing mitigation, pursuant to the requirements of Paragraph 26.470.060.2. This exemption shall only apply to the specific residences appiÂ·oved th,Â·ough this provision. Other residences within a project not specifically exempted through this provision shall require growth management approvals pursuant to this Chapter. The criteria for determining the significance of a preservation parcel ancl the associated development rights to be granteel may include: Not applicable. No residences are proposed to be constructed. 26.470.100. Calculations. A. Employee generation and mitigation. Whenever employee housing or fee-in-lieu is required to mitigate for employees generated by a development, there shall be an analysis and credit for employee generation of the existing project, prior to redevelopment, and an employee generation analysis of the proposed development. The employee mitigation requirement shall be based upon the incremental employee generation difference between the existing development and the proposed development. 1. Employee generation. The following employee generation rates are the result of the Employee Generation Study, an analysis sponsored by the City during the fal] and winter of 2012 considering the actual employment requirements of over one hundred (100) Aspen businesses. This study is available at the Community Development Department. Employee generation is quantified as full-time equivalents (FTEs) per one thousand (1,000) square feet of net leasable space or per lodge bedroom. The Aspen Pitkin County Housing Authority (APCHA) has previously determined that the current staffing of the Church (three full-time and two part-time employees) is equivalent to 3.575 FTE's. Housing needs are currently met for existing employees. 81Page Growth Management, Essential Public Facility St. Mary Catholic Church / 533 E. Main Street, Aspen 14 February 2017 ATTACHMENT 2 - LAND USE APPLICATION PROJECT: Name: St. Mary Catholic Church Addition and Remodel Location: 104 S. Galena St./533 E. Main St., Lots A,B,C,D,E,F,G,1-1 and 1, Block 93, City and Townsite of Aspen Parcel ID N (REQUIRED) 2737-07-331-801 APPLICANT: Name: Father John Hilton on behalf of the Archdiocese of Denver Address: 104 S. Galena St./533 E. Main St, Aspen, CO 81611 Phone jr (970)925-7339 REPRESENTIVATIVE: Name: Stan Clauson Associates, Inc. Address: 412 N Mill St, Aspen, CO 81611 Phone#: 970-925-2323 00 GMQS Exemption [E] Conceptual PUD EL] Temporary Use I GMQS Allotment D Final PUD (& PUD Amendment) Special Review Subdivision D Conceptual SPA ~ ESA-8040 Greenline, Stream E] Subdivision Exemption (includes D Margin, Hallam Lake Bluff, Condominiumization) I Mountain View Plane Â£ Final SPA (&SPA D Commercial Design Review ' D Lot Split Amendment) ~ Residential Design Variance ~ Lot Line Adjustment E] Small Lodge Conversion/ Expansion D Conditional Use Other: E <ISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Existing buildings Include the church. apartment building and rectory PROPOSAL: (Description of proposed buildings, uses, modifications, etc.) Proposed addition of a social hall building between, and attached to tlie existing church and apartment buildina: interior remodeling of the church ground floor and sanctuary. Have you attached the following? FEES DUE: $ 01 Pre-Application Conference Summary U Attachment #1, Signed Fee Agreement I Response to Attachment #3, Dimensional Requirements Form ~ Response to Attachment #4, Submittal Requirements - Including Written Responses to Review Standards ~ 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will Indicate If you must submit a 3Â·D model. Mith, 20id.72<3M5fflfy'22*1:03 9333 :Citv of AD@Wl 130 S. Galena St. I (9701 920 5050 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: St. Mary Catholic Church Addition Applicant: Father John Hilton on behalf of The Archdiocese of Denver Location: 104 S. Galena St./533 E. Main St. Zone District: Commercial Core/Historic District Lot Size: 27,000 SF Lot Area: 27,000 SF (For the purpose of calculating Floor Area, Lot Area may be reduced for areas within the high-water mari<, easement, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: N/A Proposed: N/A Number of residential units: Existing: 1 Proposed: 1 Numberof bedrooms: Existing: 5 Proposed: 5 Proposed % of demolition (Historic properties only): N/A DIMENSIONS: Floor Area: Existing: 16,365 SF Allowable: 74,250 SF Proposed 17,365 SF Principal bldg. height: Existing: N/A Allowable: N/A Proposed N/A Access. Bldg. height: Existing: O Allowable: 28 ft. Proposed 25'-2" On-Site parking: Existing: 3 RequiredÂ·. 3 Proposed 3 % Site coverage: Existing: N/A Required: N/A Proposed N/A % Open Space: Existing: N/A Required: N/A Proposed N/A Front Setback: Existing: N/A Required N/A Proposed N/A Rear Setback: Existing: N/A Required: N/A Proposed N/A Combined F/F: Existing: N/A Required N/A Proposed N/A Side Setback: Existing: N/A Required: N/A Proposed N/A Side Setback: Existing: N/A Required N/A Proposed N/A Combined Sides: Existing: N/A Required N/A Droposed N/A Distance between Bldgs. Existing: N/A Required. N/A Droposed N/A Existing: N,/A Required: N/A Proposed: N/A Existing non-conformities or encroachments: The south end of the existing church building encroaches into the alley R.O.W. by 0.75 ft. and the north entrance porch roof/steps encroach into the Main Street. Variations requested: N/A March, 2016 0 Citv of Aoen I 130 S. 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J , '44,6~ 1 d (4 i 14 f r Oak. 1 ij 4 -2 1111" 4 .J,# 19 1,1 Act %21 1 i.1 ORARY All {--i col,t, ,/ 1 , Ja\\ .1 1 i 101 ti , i 4 100<: ItatÂ·,1 43; Â·'i , BilÂ·â€¢1 9/ 0//1|~'):'| /3 '1 11.-â€¢ E 0 420 /1 13.,1 Fl... 3 ..If /1.,ra Â«2 i Â·'4. 4 101 :111.1 1 1111111Â¤; ~ C,)11,111Â·,tea , l Still Sh,Â·It'f p. j 40#.1/.- , L.,111 19 152 < 1'5(Oll't /-~',- 0, 150 Â· : 131132 415 ~t' â€¢1Â·ClilliÂ·1'1 , 2~~ 4 : ;~~..' 2' 2 4- 41' /Â·4 600 1 425 " 2: 0 0 104 0 104 6,1.lard Agen i -2 4 511 (N.< 1,0 1 ..1, 11Â·,11 f ..â‚¬7Â»- I A 4.4 5 J. 9 V . 631 4Q~ ~~~ C It, 1 Pad "4, ** .In. ~| 117 ' 1, 1--4 :,1 721 mo 47 Goo l 1 0 203 Â£- 2 -j ~1 f~ 119 38 0 XM 632 120 708 .. 515 / 211 2 710 517 7t4 ., L t. 111 7167'~ 7 i 3 -- 1 533 ; Â»*%9 44 217 1 7 72 /611 219 615 i 671625 3)5 %30 42 510 ; ~ ~ t- Â·Â·~ , - ~ 514 1 516 , 00 1 715 531 In, 71/ Subject Parcel Growth Management, Essential Public Facility St. Mary Catholic Church / 533 E. Main Street, Aspen 14 February 2017 2/9/2017 Parcel Detail Pitkin County Assessor Parcel Detail Information Assessor Property Search I Assessor Subset Ouery I Assessor Sales Search Clerk & Recorder Reception Search I Treasurer Tax Search Search GIS Map I GIS Help Basic Building Characteristics I Value Summary Parcel Detail 1 Value Detail I Sales Detail I Residential/Commercial Improvement Detail Owner Detail I Land Detail I Photographs Tax Account Parcel Property 2016 Mill Area Number Number Type Levy DPT 001 R013942 273707331801 32.473 EXEMPT Primary Owner Name and Address ARCHDIOCESE OF DENVER 1300 S STEELE ST DENVER, CO 80210 Additional Owner Detail Business Name ST MARYS CATHOLIC CHURCH Legal Description Subdivision: CITY AND TOWNSITE OF ASPEN Block: 93 Lot: A-I SAINT MARYS CATHOLIC CHURCH Location Physical Address: 104 S GALENA ST ASPEN Subdivision: CITY AND TOWNSITE OF ASPEN Land Acres: 0.000 Land Sq Ft: 27,000 http:/ANww.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R013942 1/3 2/9/2017 Parcel Detail 2016 Property Value Summary Actual Value Assessed Value Land: 8,000,000 1,310,080 Improvements: 7,405,000 1,212,640 Total: 15,405,000 2,522,720 Sale Date: Sale Price: Additional Sales Detail Basic Building Characteristics Number of Residential Buildings: 3 Number of Comin/Ind Buildings: 0 Residential Building Occurrence 0 Characteristics FINISHED BSMT: 5,390 FIRST FLOOR: 5,484 Total Heated Area: 10,874 Property Class: EXEMPT-CHURCH-IMPS Actual Year Built: 1892 Effective Year Built: 1985 Bedrooms: 0 Baths: 2 Quality of Construction: GOOD Exterior Wall: COMMON BRK Interior Wall: BASE Floor: BASE Heat Type: HT WTR B/B Heating Fuel: GAS Roof Cover: METAL Roof Structure: GABLE/HIP Neighborhood: CITY OF ASPEN EXEMPT Top o f Page Assessor Database Search Options http:/lwww.pitkinassessor.orglassessor/Parcel.asp?AccountNumber=R013942 03 AHachme/5 LEGEND AND NOTES 0 11,Â·,ry *rT .... 1/I H I ur.:r. Ix d 11 â„¢I viâ„¢ e,Li-,0.-c,=. â€¢-col,1-, 01,~Tn 1â€¢ ~,00, 0â€¢iâ€¢:.1â€¢C 1,1 â€¢crn 7...1=11.- * 5â„¢CE, LI- 1 -20 * 1 1~â„¢DU~ ...... 1 . .To VAL. 0 " .0 h I .AMI. /10. u.i. m=VEÂ¥ FOOT 1 li~ c,.- I FOOT CIâ„¢TOUU / - 00~I,(DI~: .e .. I. EUVATION, L,rtD IN I- ...... A ElrvATIONI IA,ED tpoll CÂ¢7 g' AINJ, C,1 ,K.~Floll - 0.19, I.,1.,11 i,1, 14'* VICINITY MA, -~ ~ ~ (1 ~I~ ~WI~ -~I- --- - - ilID - is.sri :........1 ....1. ...1. ...1. .... - E:Ele#.Nellik*.6:.1/1-2% \ ....C , ,â€žâ€ž.., \ i \ L~eTI.......1/ .'. "19 4 k g -mIN~ ;U~EU= C, mWMmi -4,1.7 / 3=9 Q 0 ... PAPS"'IramEM#*E:'EAM...9:*':..i '111.1 1-0-TION ./1.0 .1 ir. er. .,Tu /-4/ - n. =lici ./ c-â€¢,T~DIT al'lul on,4,0.c, * 1 4 Â·â€¢â€¢ â€ž 1â€ž2'.., ... .,41 .217 - . j , 1 .... .. 2491â‚¬;i q...7>- .6 NECE'TioN .0, 4.62 1 -I- -1 en . DIm0O~W7 ..... S. ~00..I.. '4â‚¬ '. r . 1 - en 2 I. *'.1 . .l A *4 . i F o i. I 19 l J . il-* 1 4 -1 I , tz, A l* 1/. / C 1 1 L ' e- I 4 -I-I . .m. 1 4 6 . - . p tâ€žâ€ž.3,1 FlÂ¢/ p . CERTIFICATION 2 10, 7-.-7<2:to,2.91, C -1: 5.:oM-,-:42 S,ftlf..,tÂ°= 1..- f I *Â«*' * -*-D % ~~~110 to hâ‚¬ Ilâ„¢ ./- . 1/ I.-Il-, .... I.- ' U.. T~. ... ./.000. 1 / 7~ .. .4-11... ...1 1 -- JUWÂ·A--I/"I.-7-[-/U'.m 1 / .Al . 1 1 d ., ae.=AICES. $ I 1 t-JL, 1;:N:?:1. 1 j 1 -% \ 1 Im?:1:I /72 -C TOPOGRAPHIC IMPROVEMENT SURVEY PLAT .F 1\ LOTI A ~ C D 2 F ~ l. Ne 1. .OC* .. 2. -'16,fnITC "-A,i. =ro=-6. / 1\ \ \ nt~ats. ASPEN SURVEY ENGINEERS. INC. 2,0 :o,mt oAL.rÂ« 9,*crr ...,=.ADO .15,1 ~ANC~FAX 1~~01 eS.3*1~ -~..~MIVWU,241â‚¬t~:.COM Â£ 1~9*14935 JOB â‚¬11.0 i GALIHA 1/15 /1/HAH .. .u 1 13>41 1 011 1 CHAINES CUNNIFFE 14 /4/ 1 \94/ / 1./ : ~ //f. \ Â»Ef, // L >1~ i //\ Â« ra23Â£3232322,,.lal- 1% /f \1 311 1 9 /-2 -RCHIT-TS cunnill. corn 610[.~ST HYMANAVF .IN C. 81.11 . 970921.90 8 -72- 0" 1 C FAX 970990.137 I L~ FU 0. i . -77E*-1 D t I jA] .4 4 0 I - 1, .7. 4, 1," r -.---49 --2 ?gt 11 11 % u w, *2 G.,i Z < E. L 1 ,1 r . P--1Â§~111 .' - . il 'Ir I: -Af .2 - 2 10â‚¬8_1 .51 '51 K. 7 461 b~+FE; i'" I 'f, 2 -r I PROPOSED SIE A /A /4 /4 IA l.1/6 0%>t/>tjAN#%%4&</~i Vt NA// bLJ L...1 , ~~* ~â€ž~L.Â·~- i_ PLAN -1 k 9./' \ 1 MSUE I Oâ€¢Tr 1 rp, PROPOSED SITE PLAN i I ' 1 m E 1 4 Â« Al.0 DI1O 1 3 13Â¥'Al '15 @. @B -\ 4-/ f 14 1 lf' A-th ,,CHANLE~ CUNNIFFE ~ 9 754 1 A'- W 2-4 guAL-A*CHiTECTS 431 /2/1 A \99 / 1/ c /A .\, 99' d L \(Â« // 1 1 /R. ' L A iu vy \9/?gy yy v///41/ 1 0 k --1/7931 lili T r lan 1 ASPEN CO 8~611 ce=1~E~2~z~:aeaeae~raeaeaeaeaE-- r*~#"*vi#4 >Â¥=r-ri//iL,4411"&#2,2,1 1.rEL 970.9'U,90 m **ff-- tei 999 179,0'QO j, Ult b i & I .-JmAh#-92/trK . .mil p i 3 m M8 - -Uh 19 11 /0 -4 6: 3 - 2 ~1-~ 11, - 3 /6 9 91 11 4 / . /1 - M PROPOSED 4p/4MM 3- FLOOR PLAN 1 1 /24 /A / /Al>\ //1 1 k'/4 4 t_. 6 1 MbuE DATE I ~ PROPOSED MAIN LEVEL | | | 1.-= 1-ir 1.&.0 1 taNO A2.2 HONFIHO DI-IOHiV @. @B -Aft---- LiYE vyi VME i recom CHAN.S CUNNIFFE ARCHITECTS 4\4 /,4/ 4 \99 / t./ b 4jftÂ«ftÂ«-1 1.~t ifj~ 6.LST HYMAN ./ N-F'%49 *Wakrl,11 J.Ax j ~41 ,4/,LMâ‚¬/,1//1/,1// I ... CO 8!61! . l. 231/ . TEL 970993~90 9EE-MANNMW#W- fit= /134 W 8 Â»r* 1.-9---\.1 - *4 -4 - t.,eau~Â®2-*~ 600-~2323/,has:01-24Â©f Â«Vt-1 \ 9 =2~4{9->4446* -4.-d.2-JLKy[L--Qâ‚¬$.tun.-CNE i 7 *'iFF- -4134-4 3--19:-11Fyi--1.lry*-9.Pur!Â»*.:'.=- ..,1 --26 -11 - ---.=-- 72- -: --- PROPOSED -.-. ROOF PLArl IA lA />t /24 IA 7 L . i' r..5.,8.-4:24..Â·11 /\ / _ -- =, 1--~ - ..'.I" "v--553-r - ~. ~~ JAÂ»' MS.UE: i-g.1 ~ ROOF PLAN . I i :OBNO le-= f.0 hn."Mo A2.4 13331S 141ll 3 Eeg HONFIHD DI10H1Â¥3 13Â¥1~N '19 Attachment 7 COMMITMENT for TITLEINSURANCE issued by ~ TITLE COMPANY of the rockies as agent for WESTCOR LAND TITLE INSURANCE COMPANY Reference: Commitment Number: 0705130-C Commitment Ordered By: Inquiries should be directed to: Patrick Rawley Stan Clauson Associates Inc Title Company ofthe Rockies 412 North Mill Street 132 W. Main Street, Suite B Aspen, CO 81611 Aspen, CO 81611 Phone: 970-925-2323 Fax: 970-920-1628 Phone: (970) 920-9299 Fax: (970) 920-5352 email: patrick@scaplanning.coin elnail: Reference Property Address: 104 South Galena Street, Aspen, CO 81611 SCHEDULE A 1. Effective Date: January 29,2017,7:00 am Issue Date: February 10,2017 2. Policy (or Policies) to be issued: ALTA Owner's Policy (6-17-06) Policy Amount: Amount to be Deteimined Premium: Amount to be Determined Proposed Insured: A Buyer to be Determined 3. The estate or interest in the Land described or referred to in this Commitment is: Fee Simple and Title to said estate or interest is at the Effective Date vested in: The Archdiocese of Denver 4. The Land referred to in this Commitment is located in the County ofPitkin, State of Colorado, and is described as follows: Lots A, B, C, D, E, F, G, H and 1, Block 93, CITY AND TOWNSITE OF ASPEN Alla Commitment - 2006 Schedule A Commitment No. 0705 130-C Schedule B-1 Requirements COMMITMENT FOR TITLE INSURANCE SCHEDULE B -SECTION I REQUIREMENTS THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH: Item (a) Payment to or for the account ofthe grantors or mortgagors ofthe full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: 1. Deed from The AtÂ·chdiocese of Denver to A Buyer To Be Determined. NOTE: Duly executed real property transfer declaration, executed by either the Grantor or Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No. 1288-CRA 39-14-102. 2. Evidence satisfactory to the Company or its duly authorized agent that all dues and/or assessments levied by the Homeowners Association have been paid through the date of closing. 3. Evidence satis factory to the Company or its duly authorized agent either (a) that the "real estate transfer taxes" imposed by Ordinance No. 20 (Series of 1979), and by Ordinance No. 13, (Series of 1990), of the City of Aspen, Colorado have been paid, and that the liens imposed thereby have been fully satisfied, or (b) that Certificates of Exemption have been issued pursuant to the provisions thereof. THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEARCH OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR PITKIN COUNTY, COLORADO FOR JUDGMENT LIENS, TAX LIENS OR OTHER SIMILAR OR DISSIMILAR INVOLUNTARY MATTERS AFFECTING THE GRANTEE OR GRANTEES, AND TO MAKE SUCH ADDITIONAL REQUIREMENTS AS IT DEEMS NECESSARY, AFTER THE IDENTITY OF THE GRANTEE OR GRANTEES HAS BEEN DISCLOSED TO THE COMPANY. NOTE: THIS COMMITMENT IS ISSUED UPON THE EXPRESS AGREEMENT AND UNDERSTANDING THAT THE APPLICABLE PREMIUMS, CHARGES AND FEES SHALL Bit PAID BY THE APPLICANT IF THE APPLICANT AND/OR ITS DESIGNEE OR NOMINEE CLOSES THE TRANSACTION CONTEMPLATED BY OR OTHERWISE RELIES UPON THE COMMITMENT, ALL lN ACCORDANCE WITH THE RULES AND SCHEDULES OF RATES ON FILE WITH THE COLORADO DEPARTMENT OF INSURANCE. Alta Commitment - 2006 Schedule B-1 Requirements Commitment No. 0705130-C Schedule B-Il Exceptions COMMITA]ENT FOR TITLE. INSURANCE SCHEDULE B - SECTION II EXCEPTIONS Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed ofto the satisfaction ofthe Company. Any loss or damage, including attorney fees, by reason of the matters shown below: 1, Any facts, rights, interests, or claims which are not shown by the Public Records but which could be ascertained by an inspection of said Land or by making inquiry of persons in possession thereof. 2. Easements or claims of easements, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by ati accurate and complete land survey ofthe Land. 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 aiÂ·e not shown as existing liens by the records of any taxing authority that levies taxes or assessinents on real property or by the Public Recoids, (b) proceedings by a public agency that may result M taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. Any mine of gold, silver, cinnabar or copper, or any valid mining claim or possession held under existing laws, as reserved by M. G. Miller, County and Probate Judge of Pitkin County, Colorado, in the Deed to Edward Downey recorded October 24, 1887, in Book 59 at Page 55. 8. Notice of Historic Designation recorded January 13, 1975,in Book 295 at Page 515. 9. Resolution No. 2 (Series of 1993) A Resolution ofthe Aspen Historic Preservation Committee Vesting The Site Specific Final Development Plan for St, Mary's Church recorded March 1,1993, iii Book 704 at Page 874. 10. Encroachment Agreement between the City of Aspen and Saint Mary's Catholic Church, Diocese of Denver recorded July 1, 1993, in Book 716 at Page 622, 11. Resolution No. 41 (Series 2000) Resolution of the Aspen Preservation Commission Approving an Application for Conceptual Development and Variances from the Residential Design Standards for St. Mary's Church recorded September 5,2000, at Reception No. 446665. 12. Revocable Encroachment License recorded December 8,2000, at Reception No. 449522. 13. Terms, agreements, provisions, conditions and obligations as contained in Resolution No. 57 (Series 2000) Resolution ofthe Aspen Preservation Commission Approving an Application for Final Alta Commitment - 2006 Schedule B-11 Exceptions Commitment No. 0705130-C Schedule B-11 Exceptions (continued) Review of a Significant Development fo, St. Mary's Church iecorded Febrwary 1,2001, at Reception No. 451129. 14. Ordinance 54 (Series 2000) Ordinance of the Aspen City Council recorded June 25,2001, at Reception No. 455760. 15. Ternis, agreements, provisions, conditions atid obligations as contained in Accessory Dwelling Unit Deed Restriction recorded March 9,2001, at Reception No. 452236. 16. Resolution#8( Series of2016 ) OfThe Aspen Historic Preservation Commission Granting Conceptual Major Development, Special Review, Growth Management And View Plane Approval For 533 E. Main Street, Lots A-I, Block 93, City Of Aspen, Pitkin County, Colorado, Alm Commitment - 2006 Schedule B-II Exceptions (continued) DISCLOSURE STATEMENTS Note 1: Colorado Division of Insurance Note 5: Pursiiant to C.R.S. Â§10-11-123 Note 10: Pursuant to Regulation 3-5-1 Regulations 3-5- 1, Paragraph C of Article VII, Notice is hereby given: Section 9 (G) notice is hereby given thal requires that (a) I f there is recorded evidence that a mineral 'Until a title entity receives written "Every Title entity shall be responsible for estate has been severed, leased or otherwise instructions pertaining to the liolding of all matters which appear of record prior to the conveyed from the surface estate then there fiduciary funds, in a form agreeable to the title titne ofrecording whenever the Title entity is a substantial likelihood that a third party eiitity, it shall comply with the following: conducts the closing and is responsible for holds some or all interest in oil, gas, other 1. The title entity shall deposit funds into an recording or filing of legal documents minerals, or geothermal energy in the escrow. trust, or other fiduciary account resulting from the transaction which was property, and and hold them in a fiduciary capacity. closed." (Gap Protection) (b) Iliat such mineral estate may include the 2. Tlie title entity shall use any funds right to enter and use the property without designated as "earnest money " for the the surface owner's permission- consummation of the transaction as Note 2: Exception No. 4 of Schedule B, evidenced by the contract to buy and sell Section 2 of this Commitment may be deleted Note 6: Effective September 1, 1997, C.R.S. real estate applicable to said transaction, from the Owner's Policy to be issued Â§30-10-406 requires that all documents except as otherwise provided in this hereunder upon compliance with the received for recording or filing in the clerk section. If the transaction does not close, following conditions: and recorder's office shall contain a top the title entity shall A. The Land described in Schedule A of this margin of at least one inch and a left, right a. Release the earnest money funds as commitment must be a single-family and bottom margin of at least one-half inch directed by written instructions signed residence, which includes a condominium the clerk and recorder may refuse to record or by both the buyer and seller; or or townhouse unit. file any document that does not conform. b. If acceptable written instructions are not B. No labor or materials may have been received, uncontested funds shall be furnished by mechanics or materialmen for Note 7: Our Privacy Policy: held by the title entity for ISO days from purpose Of cotistrlictioti on the Land We will not reveal nonpublic personal the scheduled date of closing, after described in Schedule A of this cilstomer information to any extenlal which the title entity shall return said Commitment within the past !3 months. non-affiliated organization unless ut have funds to the payor. C. The Company must receive an appropriate been authorized by the customer, or are 3. In the event o f any controversy regarding affidavit indemnifying the Company required by law. the funds held by the title entity against unfiled mechanic's and (notwithstanding any termination of the materialmen's liens Note 8: Records: contract), the title entity shall not be D. Any deviation from conditions A though C Regulation 3-5-1 Section 7 (N) provides that required to take any action unless and until above is subject to such additional each title entity shall maintain adequate such controversy is resolved. At its option requirements or Information as the documentation and records sufficient to show and discretion, the title entity may: Company may deem necessary, or, at its compliance with this regulation and Title 10 a. Await any proceeding; or option, the Company may refuse to delete of the Colorado Revised Statutes for a period b. 1nterplead all parties and deposit such the exception. of not less than seven (7) years, except as funds into a court of competent E. Payment of the premium for said coverage. otherwise permitted by law. jurisdiction, and recover court costs and reasonable attorney and legal fees; or Note 9: Pursuant Regulation 3-5-1 Section 9 c. Deliver written notice to the buyer and Note 3: The following disclosures are hereby (F) notice is hereby given that seller that unless the title entity receives made pursuant to Â§ 10-11-122, C.R.S. "A title entity sliall not earn interest on a copy of a summons and complaint or (i) The subject real property may be located in fiduciary funds unless disclosure is made to claim (between buyer and seller), a special taxing district, all necessary parties to a transaction that containing the case number of the (ii) A certificate of taxes die listing each interest is or has been earned. Said disclosure lawsuit or lawsuits, within 120 days of taxing jurisdiction shall be obtained from must offer the opportunity to receive payment the title entity's written notice delivered the County Treasurer or the County ofany interest earned on such funds beyond to the parties, title entity shall return the Treasurer's authorized agent; and any administrative fees as may be on file with funds to the depositing party." (iii) Information regarding special districts the division. Said disclosure must be clear and the boundaries of such districts may be and conspicuoits, and may be made at any obtained from the County Commissioners, time up to and including closing. " the County Clerk and Recorder, or the Be advised that the closing agent will or County Assessor. could charge an Administrative Fee for processing such an additional services request Note 4: If the sales price of the subject and any resulting payee will also be subjected property exceeds $100,000.00, the seller shall to a W-9 or other required tax documentation be required to comply with the disclosure or for such purpose(s) withholding provisions of C.R.S. Be further advised that, for many Â§39-22-604.5 (Non-resident withholding) transactions, the imposed Administrative Fee associated with such an additional service may exceed any such interest earned. Therefore, you may have the right to some of the interest earned over and above the Administrative Fee, if applicable (e.g., any money over any administrative fees involved in figuring the amounts earned). Disclosure Scatemems Title Company oftlie Rookies Disclostires All documents received for recording or filing in the Clerk aiid Recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin ofat least one half ofan inch. The Clerk and Recorder ~vill refuse to record or file any document that does not conform to the requirements of tliis section. Pursuant to C.R.S. 30-10-406(3)Ca) The coint)am, will not issue its policy or policies of title insitrance coiitemplated by tliis commitment until it has been provided a Certificate of Taxes due or other equivalent documentation from the Counly Treasurer or the County freasurer's authorized ageiit: or until the Proposed Insured has notified or instructed the company in writing to the contrary. Pursuant to C.R.S. 10-11-122. No person or entity thal provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those fiinds have been received and are available for immediate withdrawals as a matter of right. Pursuant to C. R.S. 38-35-125(21 The Company hereby notifies the proposed buver in the current transaction that there may be recorded evidence that the mineral estate, orportion thereof, has beeii severed, leased, or othenvise conveyed frbm the surface estate, If so, there is a substantial likelihood that a third party holds some or all interest in the oil, gas, other minerals, or geothermal energy in the subject property. Such mineral estate may include the right to enter and lisc the property without the surface omier'spermission. Pursitant to C.R.S. 10-11-123. I f this transaction includes a sale of property and the sales price exceeds $ 100,000.00, the seller must comply with the disclosure/withholding requirements of said section. (Nonresident withholding) Pursuant to C.R.S. 39-22-604.5. Notice is hereby given that, The subject property may be located in a special taxing district. A Certificate of Taxes due listinij each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurets authorized agent. Information regarding special districts and the bolindaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Pursuant to C.R.S. 10-11-122. Notice is hereby given that: Pursuant to Colorado Division of Insurance Regulation 8-1-2, "Gap Protection" -When this Company conducts the closing and is responsible for recording or filing the legal documents resulting from the transaction, the Company shall be responsible for all matters which appear on the record prior to such time or recording or filing; and "Mechanic's Lien Protection" - Ifyou are tile buyer of a single family residence, you may request mechanic's lien coverage to be issued on your policy of Insurance. If the property being purchased has not been the subject of construction, improvements or repairs in the last six months prior to the date of this commitment, the requirements will be payment of the appropriate premium and the completion of an Affidavit and Indemnity by the seller. ]fthe property being purchased was constructed, improved or repaired within six months prior to the date of this commitment the requirements may involve disclosure of certain financial information, payment of premiums, and indemnity, among others. The general requirements stated above are subject to revision and approval by the Company. Pursuant to C.R.S. 10-11-122. Notice is hereby given that an ALTA Closing Protection Letter is available, upon request, to certain parties to the transaction as noted in the title commitment. Pursuant to Colorado Division of Insurance Regulation 8-1 Nothing herein contained will be deemed to obligate the Company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. Attachment 8 Fr, John Hjlton St. Mary Catholic Church Â· Â· " t 533 East Main Slreet / '.9 .. Â·Aspen, CO 81611 . .- ~' ~ '- : 'Tel: 970-925-7399 '-- 2 '-'-- ,~ 10 February 2017 Ms. Amy Simon Hisloric Preservation Officer, elly of Aspen 130.S. Galena Street ~ ~ Aspen, CO 8161 ] =- - -, Â·Â·-~ L Rd:- 0 . Authorizalion to SubmilÂ·Land UseÂ·*bplicalions- . ' Â·Â·-'0 Â·Â·- - -,'Â·--- Â· Â·742- 11 -Thls letleris to certify thal !, Fr.' Joh}1- Hilton, Pusloful St.Â· Mary Chtholic Church and authonzed - z ... 1 7 %0.-11-191-1 ropiesentative for, the Archdiocele of Denver, which is 11!e owrier of St. Mdfy Catholic Church, '' j 4-72 4 lodated at 533 East Ma~n Street give Stan Clauson Associates; Inc. and its staff perinission to: : i '- ,-.~~' .Â·---.) .~'represent St. Maty Calholic Church in submilling Land Use,Applicalions to'the Cily of Aspdrint ' 1 . , 0.3.--' you shduld have any dluestions regarding this matter please'do n-ot hesilate.to cc>ntac!,me. ,,A,L'Â·:1 '. ! 6Â·V..., 7- Cohtact informalion for Stan Clauson Aisoct(jte's is as follows: Â· Â·. Â· ~ i. 4 ..1 i.Â·-: --:-Patrick S. Rowley, AICP. ASLA -, .- i ..,, ' c :I. '.Stan Clauson Associates, Inc. 412 N. Mill Street Aspen, CO 8161 1 Tel 970-925-2323 Fax 970-920-1628 Very Truly Yours, 2kca;Â·9Â»-- _ - Â· -, . f. Â·Â·. i,. -, '- pi~~>Mf-Jdnn Hilton. E 'f ,4 U z , -7 ' 1 r Â·. -1 Â· 6.,i ' ,(' i,' i '-~0..~ i,,Â·Â· Â· Pas,tor, St. Man/Calholic Church -- Â·.9 -'Â· .- 44Â· Attachment 9 RESOLUTION #19 (SERIES OF 2016) A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION AMENDING CONCEPTUAL MAJOR DEVELOPMENT, SPECIAL REVIEW, GROWTH MANAGEMENT AND VIEW PLANE APPROVAL FOR 533 E. MAIN STREET, LOTS A-I, BLOCK 93, CITY OF ASPEN, PITKIN COUNTY, COLORADO Parcel ID: 2737-073-31-801 WHEREAS, on May 4, 2015, the Commulity DevelopiDent Department received an application from The Arclidiocese of Denver/St. Mary's Church, represented by Charles Cunniffe Architeols and Stan Clauson Associafes for the following land use review approvals: Conceptual Major Divelopment, Speci41 Review, Growth Management and View 11]ane review; and WHEREAS, the Historic Preservation CommiSsion reviewed the Application at duly noticed public hearings on August 26, 2015; January 27,2016 mid March 9, 2016, during which time the recommendations of the Communily Development Director ami comments from the Â°' public were requested and heard by the Ilistoric Preservation Commission; and, WHEREAS, on March 9, 2016, the Historic Preservation Commission granted Conceptual Major Development, Special Review, Growtli Management and View Plane approval by adopting Resolution #8, Series of 2016, by a 4 to 3 vote; and, WHEREAS, pursuant to Section 26.415.120.B and C of the Municipal Code, following ' tlid adoption gf a resolution approving a Conceptual Development Platt, the HPC Was required to .promptly notify the City Council of its action to allow the City Council ati opportunity to oall-lip the decision for additional discussion, Â·Notice to City Council took place on April 11,2016 and a Call-up meeting took place on April 25,2016, at whichlitne City Council directed HPC, by a 3.1 vote td reconsider the placement of the above grade addition included in the Droject so that it is along the alley (Option A) rather than along Main Street (Option B.) Council also directed HPC to consider the elimination of a connector/enclosed hailway belwepn the.addition and the church; and WHEREAS, during a duly noticed public hearing on June 8, 201Â·6, the Historic Preservation Cominission, by n 4 to 1 vote, revised the apl)roval encompassed in Resolulion #8, Series of 2016, so as to t'equire {lie above gracie addition to be as rfpresented in Option A. NOW, THEREFORE BE IT RESOLVED BY THE HISTORIC PRESERVATION COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: All provisions of Resolut ion #8, Series of 2016, remain in effect except that the approved design is Option A, as depicted iii the March 9~11 Histgtic Preservation Commission phcket for 533 E. Main . Street, The approved Option A does not project into the Courlhouse Viewplanes. i - . . $ I -I -I- I - --< . I- .. RECEPTION#: 631336, 08/11/2016 at 09:35:02 AM, 1 OF 2, R $16.00 Doc Code RESOLUTION . Historic Preservation Commission Janice K. Vos Caudill, Pitkln County, CO ' Resolution #19, Series 2016 Page 1 of2 . Ii'INALLY, adopted, passed.and approved this 8th clay oT june, 2016, App~oved as to form: Approved as to content: Â· A - 48 : *11 ' 04 \ Gr 4~=G--~it@Bit, Vice Chair Debbie Quinn, Assistnnt City Attorney Attest: ' Â·01.lfULOwlÂ¢ 624 Kathy StricldÂ«Mi Deputy Clerk . - Historic 14eservation Commission 1 Resolution # 19, Series 2016 Page 2 of 2 A#achment 10 SL PROPERTY LLC BORCHERTS ROBERT H REV TRUST BORCHERTS HOLDE H REV TRUST 2606 STATE ST 1555 WASHTENAW 1555 WASHTENAW DALLAS, TX 75204 ANN ARBOR, MI 48104 ANN ARBOR, MI 48104 LARSON MARIA M MARCHETTI FAMILY LLC GRIMES DAVID L PO BOX 8207 1526 FOREST DR 3510 BROMLEY WOODS LN ASPEN, CO 81612 GLENVIEW, IL 60025 GREENSBORO, NC 27410 RKJR PROPERTIES LTD LEBARRE FAM LLC SMITH JAMES F&N LINDSAY 5934 ROYAL LN #250 7518 MIDDLEWOOD ST 600 E MAIN ST #302 DALLAS, TX 75230 HOUSTON, TX 77063 ASPEN, CO 81611 KAHANEK FAMILY PARTNERSHIP LTD MAESTRANZI ALEXA LEE TRUST MANN KATHLEEN A REV TRUST 2727 ALLEN PKWY # 1500 1736 PARK RIDGE PT PO BOX 1455 HOUSTON, TX 77019 PARK RIDGE, IL 60068 CARBONDALE, CO 81623 VAN WALRAVEN EDWARD C REV TRUST COPPOCK RICHARD P SHERMAN CAPITAL COMPANY PO BOX 1455 600 E MAIN ST #407 5840 E JOSHUA TREE LN CARBONDALE, CO 81623 ASPEN, CO 81611 PARADISE VALLEY, AZ 85253 NR HOLDING CO LAMB DON REV TRUST GILKERSON LINDA REV TRUST 580 MALLORY WY 1449 E 56TH ST 1449 E 56TH ST CARSON CITY, NV 89701 CHICAGO, IL 60637 CHICAGO, IL 60637 HICKS GILBERT W & PATSY K ASPEN LEGACY LLC MARASCO FAMILY TRUST 3674 WOODLAWN TERRACE PL 17740 E HINSDALE AVE 653 261/2 RD HONOLULU, HI 96822 FOXFIELD, CO 80016 GRAND JUNCTION, CO 81506 MARASCO RAE O TRUST MARASCO EMILY A STARMER MARY JOSEPHINE 653 261/2 RD 21701 FLAMENCO 12738 W 84TH DR GRAND JUNCTION, CO 81506 MISSION VIEJO, CA 92692 ARVADA, CO 80001 MARASCO BERNARD R EMPHASYS SERVICES CO GENE MCCUTCHIN LTD 11 320 DAKOTA DR 1925 BRICKELL AVE BLDG D, PENTHSE 11 PO BOX 802043 GRAND JUNCTION, CO 81506 MIAMI, FL 33129 DALLAS, TX 753802043 KAPLAN & CO LLC MCGAFFEY FAMILY & CO NO C LLC 117 SOUTH SPRING STREET HOLDINGS LLC 300 S POINTE DR # 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1009 CORONA DEL MAR, CA 92625 OKLAHOMA CITY, OK 73105 AUSTIN, TX 78701 FESUS FAMILY TRUST WARK RICKEY E & CYNTHIA ANN HAUSER MARY JANE PO BOX 9197 45 N WILLOW CT 1540 BOHNS POINT RD ASPEN, CO 81612 ASPEN, CO 81611 WAYZATA, MN 55391 CALHOON THOMAS C WAGAR RICHARD H HUNTER & HOPKINS PROF BUILDING COND( 315 LAVACA ST PO BOX 9063 COMMON AREA AUSTIN, TX 787013036 ASPEN, CO 81612 600 E HOPKINS AVE ASPEN, CO 81611 ISIS THEATRE CONDO ASSOC ASPEN FILM ISIS GROUP COMMON AREA 110 E HALLAM ST #102 2301 N MERIDIAN AVE 406 E HOPKINS AVE ASPEN, CO 81611 MIAMI, FL 33140 ASPEN, CO 81611 CONNER CABINS & LOFTS CONDO ASSOC 625 MAIN INVESTMENTS LLC CWAREI LLC COMMON AREA 407 S HUNTER ST #3 655 MADISON AVE 11FLOOR 530 E HOPKINS AVE ASPEN, CO 81611 NEW YORK, NY 10075 ASPEN, CO 81611 TRACY KATHLEEN ROY ADAM C & SARAH G STUDIO SIX LLC 625 E MAIN ST #202 625 E MAIN ST #203 PO BOX DD ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 EMCAR LLC CAREM LLC 625 MAIN ASPEN LLC 655 MADISON AVE 11TH FL 655 MADISON AVE 11TH FL 420 E MAIN ST NEW YORK, NY 10065 NEW YORK, NY 10065 ASPEN, CO 81611 HOPKINS DEV LLC RUDIN MICHAEL & SABRINA SPRING BUILDING CONDO ASSOC 345 PARK AVE 33RD FLR 345 PARK AVE 632 E HOPKINS AVE NEWYORK, NY 10154 NEW YORK, NY 10154 ASPEN, CO 81611 HOPKINS BARN LLC HOPKINS CABIN LLC BAD LLC 623 E HOPKINS 623 E HOPKINS 35850 S WOODLAND RD ASPEN, CO 81611 ASPEN, CO 81611 CHAGRIN FALLS, OH 44022 ASPEN BLOCK 99 CONDO ASSOC MAIN STREET LANDLORD LLC 426 EAST MAIN LLC 532 E HOPKINS AVE 625 E HOPKINS 623 E HOPKINS AVE ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 M & G CONDO ASSOC 204 S GALENA ST LLC HUNTER SQUARE LLC 426 E MAIN ST 2001 N HALSTED #304 PO BOX 2 ASPEN, CO 81611 CHICAGO, IL 60614 SONOMA, CA 95476 JURINE LLC ASPEN FIRE PROTECTION DISTRICT ALPINE BANK ASPEN PO BOX 2 420 E HOPKINS AVE PO BOX 10000 SONOMA, CA 95476 ASPEN, CO 81611 GLENWOOD SPRINGS, CO 81602 PITKIN COUNTY PITKIN COUNTY CAPITAL LEASING CORP BANKERS MORTGAGE CORP 123 EMMA RD #204 530 E MAIN ST 1616 ORCHAR0 AVE BASALT, CO 81621 ASPEN, CO 81611 GRAND JUNCTION, CO 81501 CANTINA BUILDING LLC 517 EAST HOPKINS ASPEN LLC WILSON FAMILY TRUST PO BOX 1247 2001 N HALSTED #304 101 FOUNDERS PL#201 ASPEN, CO 81612 CHICAGO, IL 60614 ASPEN, CO 81611 ORR KEITH MURPHY GEORGE W OP LLC 4545 N STATE LINE PO BOX 4146 424 PARI< CIR #6 TEXARKANA, TX 75503 ASPEN, CO 81612 ASPEN, CO 81611 BOSELY MARY ANNE REV TRUST OBP LLC G & G CORPORATE OFFICES LLC PO BOX 26 101 FOUNDERS PL #104 2520 S GRAND AV # 114 WOODY CREEK, CO 81656 ASPEN, CO 81611 GLENWOOD SPGS, CO 81601 NGS LLC CRUMMER KLEIN TITLE TRUST SINTA SCOTT 101 FOUNDERS PL #109 1305 N BEVERLY DR PO BOX 2872 ASPEN, CO 81611 BEVERLY HILLS, CA 90210 ASPEN, CO 81612 BALLINGER ELIZABETH F SEYFFERT STEVEN J HANDLEY DENNIS 102 FOUNDERS PL#102 102 FOUNDERS PL#201 102 FOUNDERS PL#202 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 KLEIN JAMES J & SALLIE R SMITH H W Ill HUNTER ALEXANDER PO BOX 12022 PO BOX 10914 PO BOX 1638 ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81612 1 DONAHUE ELIZABETH GWM PROPERTIES LLC 311 ASPEN LLC 102 FOUNDERS PL #2302 PO BOX 4146 2317 PENNSYLVANIA AVE ASPEN, CO 81611 ASPEN, CO 81612 WILMINGTON, DE 19806 GOLDFEIN MICHAEL R TRUST GOLDFEIN PAMELA J TRUST BOMBA LAURIE A REV TRUST 1724 BRAESIDE LN 1724 BRAESIDE LN 5601 HIGH DR NORTHBROOK, IL 60062 NORTHBROOK, IL 60062 MISSION HILLS, KS 66208 WELSCH SUSAN F REVOC TRUST RAMOS WALTHER JR & MARJORIE R GALANTER YALE & ELYSE 101 N SPRING ST #201 133 TALL TREES DR 101 N SPRING ST #3301 ASPEN, CO 81611 BALA CYNWYD, PA 19004 ASPEN, CO 81611 ATWOOD STANFORD H & PAMELA S LVG TR MARTINEZ RITA PEARSON DOUG 16125 GREENWOOD LN 101 N SPRING ST #3104 101 N SPRING ST #3105 MONTE SERENO, CA 95030 ASPEN, CO 816111518 ASPEN, CO 816111518 DOCKEN ANDREW ARENELLA BETH & FRANK 111 SPRING STREET CONDO ASSOC 101 N SPRING ST #106 101 N SPRING ST #107 117 S SPRING ST #202 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 GODIVA HOLDINGS LLC 530 HOPKINS LLC MARIPOSA REAL ESTATE 11 LLC 435 E MAIN ST 5301/2 E HOPKINS 5200 BLUE LAGOON DR #855 ASPEN, CO 81611 ASPEN, CO 81611 MIAMI, FL 33126 AUSTIN LAWRENCE CONNER LLC CICUREL CARY LUCKYSTAR LLC 532 E HOPKINS AVE 2615 N LAKEWOOD PO BOX 7755 ASPEN, CO 81611 CHICAGO, IL 60614 ASPEN, CO 81612 SHAPIRO FREDERIC M & SUSAN SUMNER VERONICA GRAHAM NARELDA 101 N SPRING ST #3108 101 N SPRING ST#3109 101 N SPRING ST #203 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 SATTLER SANDRA A CURETJORDAN LAZAR FAMILY TRUST 101 N SPRING ST #3204 101 N SPRING ST #205 5342 ALDEA AVE ASPEN, CO 81611 ASPEN, CO 81611 ENCINO, CA 91316 BASSI PETER & BARBARA FAMILY TRUST COHEN NANCY C REV TRUST LEONARD FAMILY TRUST 18 CHANNEL VISTA 31275 NORTHWESTERN HWY #248 PO BOX 710 NEWPORT COAST, CA 92657 FARMINGTON HILLS, MI 48334 RANCHO SANTA FE, CA 92067 MOSCOE THOMAS D SMITH GAILEN B FAMILY TRUST OBERMEYER 204 LLC 445 GRAND BAY DR #607 625 E MAIN ST #102B 2727 ALLEN PKWY STE1400 KEY BISCAYNE, FL 33149 ASPEN, CO 81611 HOUSTON, TX 77019 PARDEE JAMES LEE 111 REV LIV TRST BIG BOY LLC LINDENAU SCOTT A REV TRUST PO BOX 4153 205 S MILL ST #301A 501 RIO GRANDE PL#104 ASPEN, CO 816124153 ASPEN, CO 81611 ASPEN, CO 81611 TGS LLC UNIT 109 OP LLC ANDERTON JAMES L PO BOX 1913 501 RIO GRANDE PL #107 100 OBERMEYER PLACE DR#4101 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 FELDMAN JONATHAN MILNE SHEILA NGUYEN MICHAEL TAM 100 OBERMEYER PLACE DR#102 PO BOX 8286 430 E HYMAN AVE ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 DAO OANH KIM . UNIT 106 OP LLC GRW RIO GRANDE PROPERTY LLC 430 E HYMAN AVE 205 S MILL ST #301A 11653 E BERRY AVE ASPEN, CO 81611 ASPEN, CO 816112497 ENGLEWOOD, CO 801114156 FORTIER TIMOTHY MAROLT ENTERPRISES LLC TSE HOLDINGS LLC 601 RIO GRANDE PL #102 PO BOX 8705 601 RIO GRANDE PL #120 ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 PAM LLC JOSA LLC LCC ASPEN HOLDINGS LLC PO BOX 4446 601 RIO GRANDE #110 PO BOX 1550 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81612 SCHENKELBERG LLC K & J ENTERPRISES LLC OBERMEYER PLACE RENTAL GRP LLC 140 VISTA GRANDE 601 RIO GRANDE PL #119A 115 AABC GRAND JUNCTION, CO 81507 ASPEN, CO 81611 ASPEN, CO 81611 DIXIE DOG VENTURES LLC FURTHUR CANCUN LLC LANE TAMMIE 1690 HOMESTAKE DR PO BOX 2199 601 RIO GRANDE PL #118 ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 BRUNSWOLD KIRK ARTIM LLC KIMPLE 2004 TRUST 601 RIO GRANDE PL#118 PO BOX 30106 3505 TURTLE CREEK BLVD #PH20A ASPEN, CO 81611 NEW YORK, NY 10011 DALLAS, TX 75219 OLITSKY TAMAR & STEPHEN CARVER RUTH A OBERMEYER PLACE CONDO PO BOX 514 116 S ASPEN ST COMMON AREA GWYNEDD VALLEY, PA 19437 ASPEN, CO 81611 210 N MILL ST #201 ASPEN, CO 81611 620 E HOPKINS CONDO ASSOC GALENA PLAZA CONDO ASSOC BRAND BUILDING CONDO ASSOC COMMON AREA 420 E MAIN ST 205 S GALENA ST 620 E HOPKINS AVE ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 Attachment 11 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Amy Simoll DATE: 10.25.16 APPLICANT: 533 E. Main, St. Mary's Church REPRESENTATIVE: Charles Cunniffe Architects, Stan Clauson Associates REQUEST: Growth Management Review DESCRIPTION: St. Mary's church, a landmarked properly, iS pursuing an interior remodel and an addition for special events and other church needs. HPC Conceptual approval, Special Review for parking, and Viewplane Exemption was granted on March 9, 2016 through Resolution #8, Series of 2016. The location of the approved addition was adjusted through Resolution #19, Series Of 2016, passed on Jun 8, 2016 after City Council remanded tile decision bacl< to HPC for further evaluation. Two more land use review steps are required before the applicant can submit for a building permit; Council review of Growth Management, Essential Public Facility and HPC Final Major Development Review. Each of these must be submitted as a separate land use application. This pre-application summary will address Growth Management only. Some discussion of the potential employee generation of this project has already taken place. The HPC application included a representation by the applicant that no new employees will be generated. Comments from the Aspen Pill(in County Housing Authority were provided as part of the Development Review Committee process prior to IMPC. HPC provided a recommendation that an affordable housing audit be conducted two years after the project receives a Certificate of Occupancy and that, if new employees were added, mitigation be required. Council is the decision making body on this topic. Civic uses are typically determined to be "Essential Public Facilities" and are provided with the opportunity for Council to "assess, waive or partially waive affordable housing mitigation requirements as Is deemed appropriate and warranted for the purpose of promoting civic uses and in consideration of broader community goals, The employee generation rates may be used as a guideline, but each operation shall be analyzed for its unique employee needs, pursuant to Section 26.470.100, Calculations," Following is a list of Land Use Code Sections relevant to this review step, and a list of information that must be submitted to start the process. Land Use Code Section(s) 26,304 Common Development Review Procedures 26.470.050 Growth Management General Requirements 26.470.070.4 Affordable Housing 26.470.090 Growth Management, Essential Public Facilities 26.470.100 Growth Management Employee Generation (for EPF review only) Review by: Staff for completeness and recommendation Council for determination Public Hearing: Yes Planning Fees: $3,250 for 10 hours of staff time. Any unbilled porlion of this deposit will be refunded at the conclusion of the case. Additional staff hours, if neecled, will be billed at $325 per hour. Referrals: None. Please note that a flat fee for APCHA referral was billed at I-IPC Conceptual. Total Deposit: $3,250 To apply, first submit one printed copy of the following information: O Completed Land Use Application and signed fee agreement. Â¤ An 8 1/2"x 11"vicinity map locating the subject parcel within the City of Aspen. O Pre-application Conference Summary (this document), El 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 properly, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. U Applicantls 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. D HOA Compliance form (Attached). U List of adjacent properly owners within 300' for public hearing. O Scaled drawings representing the HPC Conceptual approval. 0 A written description of the proposal and an explanation of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. O Existing and proposed floor area and net leasable calculations. Â¤ An analysis of existing and anticipated employee needs for review of employee generation. Once the copy is deemed complete by staff, the following items will then need to be submitted: El Fee for review of application. U A complete copy of the application, including all items listed above, provided by email to the assigned planner in .pdf format. 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. 2 RECEPTION#: 6: ,, 03/28/2016 at 4 10:51:10 AM, 1 OF 4, R $26.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION #8 (SERIES OF 2016) A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION GRANTING CONCEPTUAL MAJOR DEVELOPMENT, SPECIAL REVIEW, GROWTH MANAGEMENT AND VIEW PLANE APPROVAL FOR 533 E. MAIN STREET, LOTS A-I, BLOCK 93, CITY OF ASPEN, PITKIN COUNTY, COLORADO Parcel ID: 2737-073-31-801 WHEREAS, on May 4, 2015, the Community Development Department received an application from The Archdiocese of, Denver/St. Mary's Church, represented by Charles Cunniffe Architects and Stan Clauson Associates for the following land use review approvals: Major Development, Special Review, Growth Management and View Plane review; and WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, Building Department, Environmental Health Department, Parks Department, Parking Department, Public Works Department, and the Transportation Department as a result of a Development Review Corrimittee meeting held on July 15, 2015; and, WHEREAS, tile Aspen Community Development Department reviewed the proposed Application and recommended approval with conditions; and, WHEREAS, pursuant to Chapter 26.304, Common Development Review Procedures, and Section 26.304.060.B.4, Modification of Review Procedures, all other necessary land use reviews, as identified herein, have been combined to be considered by thb Historic Preservation Commission at a duly noticed public hearing after considering recommendations by the Community Development Director and relevant referral agencies; and, WHEREAS, such combination of review procedures was done to ensure clarity of review, was accomplished with all required public noticing provided as evidenced by an affidavit of public noticing submitted to the record, and the public was provided a thorough and full review of the proposed development; and, WHEREAS, the Historic Preservation Commission reviewed the Application at duly noticed public hearings on August 26, 2015; January 27, 2016 and March 9, 2016, during which time the recommendations of the Community Development Director and comments from the public were requested and heard by the Historic Preservation Commission; and, WHEREAS, during a duly noticed public hearing on March 9, 2016, the Historic Preservation Commission approved Resolution #8, Series of 2016, by a 4 to 3 vote, granting approval with the conditions listed hereinafter. NOW, THEREFORE BE IT RESOLVED BY THE HISTORIC PRESERVATION COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Historic Preservation Commission hereby grants Conceptual Major Development approval, Historic Preservation Commission Resolution #8, Series 2016 Page 1 of 3 Special Review and View plane Exemption for the proposal identified as Option B, including a connector to the existing structure, and makes a recommendation to City Council on the matter L of Growth Management review, with the following conditions: 1. No new exterior exit stair is approved at this time. 2. Continue to work on the design of the entry canopy for Final review. 3. Reduce the height of the trash enclosure, ifpossible. 4. HPC recommends to City Council that affordable housing mitigation be addressed by requiring that two years after Certificate of Occupancy, of the project, an employee audit shall be conducted by the applicant. At such time, if any additional employees have been generated, the Church will mitigate by providing additional on-site housing or by the purchase of the Affordable Housing Credit Certificates. 5. The applicant shall incorporate the TIA improvements endorsed by Engineering into the Final design for the project. 6. The applicant shall incorporateÂ·the Parks Department's comments on sidewalk design and tree protection into the Final design for the project. 7. HPC finds that no new on-site parking is required for this project. 8. On March 9th, 2016. HPC reviewed story poles representing the height of the project relative to the Courthouse View .Planes and confirmed the Community Development Department recommendation that Optioh B has a minimal effect on the viewplanes. Section 2: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Applicant is required to obtain Final Major Development Review and Growth Management approval. A development application for a Final Development Plan shall be submitted within one (1) year of the date of approval of a Conceptual Development Plan. Failure to file such an 'application within this time period shall render null and void the approval of the Conceptual Development Plan. The Historic Preservation Commission may, at its sole discretion and for good cause shown, grant a one-time extension of the expiration date for a Conceptual Development Plan approval for up to six (6) months provided a written request for extension is received no less than thirty (30) days prior to the expiration date. 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 Community Development Department and the Historic Â·. Preservation Commission are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions or an authorized authority. 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. Historic Preservation Commission Resolution #8, Series 2016 Page 2 of 3 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 thereo f. FINALLY, adopted, passed and approved this 9tll day o f March, 2016. Approved as to form: Approved as to content: Debbie Quinn, Assistant City Attorney Willis Pember, Chair Attest: Kathy Strickland, Deputy Clerk Historic Preservation Commission Resolution #8, Series 2016 Page 3 of 3 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. FINALLY, adopted, passed and approved this 9th day of March, 2016. Approved as to form: 4'*ro*a-2-0 content: Debbie Quinn, Assistant City Attorney Willis *mNer, Chair Attest: *GA -Ot-*Â·Lt.f Kathy St:*kland, Deputy Clerk ~ Historic Preservation Commission Resolution #8, Series 2016 Page 3 of 3 RESOLUTION #19 (SERIES OF 2016) A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION AMENDING CONCEPTUAL MAJOR DEVELOPMENT, SPECIAL REVIEW, GROWTH MANAGEMENT AND VIEW PLANE APPROVAL FOR 533 E. MAIN STREET, LOTS A-I, BLOCK 93, CITY OF ASPEN, PITKIN COUNTY, COLORADO Parcel ID: 2737-073-31-801 WHEREAS, on May 4, 2015, the Community Development Department received an application from The Archdiocese of Denver/St. Mary's Church, represented by Charles Cunniffe Architects and Stan Clauson Associates for the following land use review approvals: Conceptual Major Development, Special Review, Growth Management and View Plane review; and WHEREAS, the Historic Preservation Commission reviewed the Application at duly noticed public hearings on August 26,2015; January 27,2016 and March 9,2016, during which time the recommendations of the Community Development Director and comments from the public were requested and heard by the Historic Preservation Commission; and, WHEREAS, on March 9, 2016, the Historic Preservation Commission granted Conceptual Major Development, Special Review, Growth Management and View Plane approval by adopting Resolution #8, Series of 2016, by a 4 to 3 vote; and, WHEREAS, pursuant to Section 26.415.120.B and C of the Municipal Code, following the adoption of a resolution approving a Conceptual Development Plan, the HPC Was required to promptly notify the City Council of its action to allow the City Council an opportunity to call-up the decision for additional discussion. Notice to City Council took place on April 11, 2016 and a Call-up meeting took place on April 25,2016, at which time City Council directed HPC, by a 3-1 vote to reconsider the placement of the above grade addition included in the Iiroject so that it is along the alley (Option A) rather than along Main Street (Option B.) Council also directed HPC to consider the elimination of a connector/enclosed hallway between the addition and the church; and WHEREAS, during a duly noticed public hearing on June 8, 201Â·6, the Historic Preservation Commission, by a 4 to 1 vote, revised the approval encompassed in Resoldtion #8, Series of 2016, so as to require the above grade addition to be as represented in Option A. NOW, THEREFORE BE IT RESOLVED BY THE HISTORIC PRESERVATION COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: All provisions of Resolution #8, Series of 2016, remain in effect except that the approved design is Option A, as depicted in the March 9th Historic Preservation Commission packet for 533 E. Main Street. The approved Option A does not project into the Courthouse Viewplanes. RECEPTION#: 631336, 08/11/2016 at 09:35:02 AM, 1 OF 2, R $16.00 Doc Code RESOLUTION Historic Preservation Commission Janice K. Vos Caudill, Pitkin County, CO Resolution #19, Series 2016 Page 1 of 2 FINALLY, adopted, passed and approved this 8th day o f June, 2016. Appfoved as to form: Approved as to content: A,2 1 9 N.purjuud 2- Debbie Quinn, Assistant City Attorney Grdiken GreenwooiI,Vice Chair Attest: Kato-k-.74 314 Kathy StricklAd, Deputy Clerk Historic Preservation Commission 1 Resolution #19, Series 2016 Page 2 of 2 MEMORANDUM TO: APCHA Board of Directors FROM: APCHA Board of Directors THRU: Mike Kosdrosky, APCHA Executive Director Cindy Christensen, APCHA Operations Manager DATE: August 20,2015 RE: EXPANSION OF ST. MARY'S CHURCH ISSUE: The applicant is seeking approval for an expansion the St. Mary' s Church. BACKGROUND: The application seeks approval for a reconfiguration to the front entry, interior remodeling to address building code issues, construction of a new exit stair on the southwest corner of the Church. and an addition for a conference/event space on the west side of the Church. The new pavilion is proposed to add an additional 8,000 square feet on the west side. Extending this civic use does require Growth Management review. This type of use typically is determined as an "Essential Public Facility." City Council does have the right to assess, waive or partially waive affordable housing mitigation requirements as is deemed appropriate and warranted for the purpose of promoting civic uses and in consideration of broader community goals. The current staff of St. Mary's is three full-time (the pastor, a parish ministries coordinate and a maintenance man) and two part-time (15-hour per week secretary and an eight-hour per week bookkeeper) employees. At 2,080 hours = 1 FTE, the current staffing is at 3.575 FTE's. The parish relies on volunteer work for set up and take down of large events and maintains its daily staffing and cleaning needs with a full-time maintenance man. DISCUSSION: The Church is zoned Commercial Core. Pursuant to Code Section 26.470.100. Calculations, for every 1,000 square feet of new net leasable developed above grade, 4.7 FTE's are generated. Mitigation is required at 60%. The first floor net leasable is approximately 2,470 square feet - 2,470 + 1,000 = 2.47 X 4.7 = 11.6 employees are generated; 11.6 X 60% = 6.96 FTE's for the first floor. Additional square footage in a basement does get a break since the space is less desirable. Every 1,000 square feet generates 3.2 employees, again at 60%. The proposed basement net leasable is approximately 3,940 square feet - 3,940 + 1,000 = 3.94 X 3.2 = 12.6; 12.6 X 60% = 7.6 FTE's for the basement level. Expansion of St. Mary's Church Page 1 Total employee mitigation due under the Land Use Code for the pavilion would be 14.56 FTE's. More than likely, City Council will give them a reduction. It is also highly unlikely that the pavilion will actually create 14.56 FTE's. The Church is saying that their employee generation will be zero. They have voluntarily provided housing for the priest and caretaker. There is a deed-restricted accessory dwelling unit located within the single-family home at 104 South Galena. Another section of the Code that City Council could take into consideration is related to historic properties. This specific section would calculate to a mitigation of 10.92 employees. Up to four employees generated by the additional commercial/lodge development shall not require the provision of affordable housing. Thirty percent (30%) of the employee generation above four and up to eight employees shall be mitigated through the provision of affordable housing or cash-in-lieu thereof. Sixty percent of the employee generation above eight employees shall be mitigated through the provision of affordable housing or cash-in-lieu. 11.6 (generated by 1St floor dev.) + 12.6 (generated by basement dev.) = 24.2 First 4 employees 0 Next 4-8at 30% (4 X 30%) 1.2 Above 8 at 60% (16.2 X 60%) 9.72 TOTAL 10.92 The use that the applicant is proposing for the pavilion will more than likely not create an additional 14.56 FTE's, or even the 10.92 FTE's. St. Mary's tries to satisfy two needs - those of the parish community and for other community meetings/events. One of the events that the Church hopes to accommodate are for wedding receptions as there are many weddings held in the church with no large space for the receptions. The new pavilion is proposed to be used for Catholic conferences and seminars as well. Although the applicant states that no additional employees will be needed to maintain the facility, the pavilion will allow for more conferences, etc., which does create the need for more employees in other areas; e.g., catering. RECOMMENDATION: The APCHA Board reviewed the application at their regular meeting held August 19,2015 and recommend the following: 1. At this time, no additional FTE's should be required for mitigation purposes. 2. Two years upon completion of the addition, an employee audit shall be conducted by the applicant. At such time, if any additional employees have been generated, the Church will mitigate by providing additional on-site housing or by the purchase of the Affordable Housing Credit Certificates. Expansion of St, Mary's Church Page 2 LAND USE APPLICATION GROWTH MANAGEMENT-ESSENTIAL PUBLIC FACILITY St. Mary Catholic Church / Archdiocese of Denver 14 February 2017 Location: 533 E. Main St., Aspen, Colorado ~Rk '20,1 v 4 50 (-41 (-4 rv>- C. ' 27 i . \, tfil 2 )6 4$ 0--344 1 ) 4 U If 4 1 1 1 41 1 4 bE (A/\1/ 4 / 11/ I ./ rÂ·rÂ«Â·~ 253% 4. I *4.11 i fi'I# 2 ':4, 031.,39 f 7 54.1 < P 831...1 -1,~ '1 ~.'1.~1.- \ 7 e. *74/1 .66& fIY:.r--mi-~2+Haigmmul../1#1//.Fts"WIN~#* An app/ication for Growth Management, Essential Public Faci/ity and extended vested rights for redeve/opment of St. Mary's Church within the Alain Street Historic District. Represented By: C Â£' STAN CLAUSON ASSOCIATESINC <le~ landscape architecture.planning.resort des:gn F North Nliti Street Aspen, Colorado 81611 1.970/925Â·2323 1.970/920-1628 info@scaptanning.com www.scaplanning.com TABLE OF CONTENTS â€¢ Project Overview and Code Response â€¢ Attachment 2 - Land Use Application â€¢ Attachment 3 - Dimensional Requirements Form â€¢ Attachment 4 - Vicinity Map & Parcel Descriptions â€¢ Attachment 5 - Existing Conditions Survey Â· Attachment 6 - Architectural Plans & Renderings â€¢ Attachment 7 - Proof of Ownership â€¢ Attachment 8 - Letter of Authorization â€¢ Attachment 9 - Previous Approvals â€¢ Attachment 10 - Adjacent Properly Owners â€¢ Attachment 11 - Pre-Application Conference Summary Growth Management, Essential Public Facility St. Mary Catholic Church / 533 E. Main Street, Aspen 14 February 2017 PROJECT OVERVIEW This application is submitted for Growth Management, Essential Public Facility, and extended vested rights in connection with the expansion of St. Mary Catholic Church (the "Church") to provide additional meeting space for parish activities and occasional special events. Ten (10) years of extended vesting is requested. The additional space will be located partially above grade, to the west of the historic Church, with a majority of development being located in a below grade parish hall. The additional space is needed to accommodate existing parish activities and occasional special events and no new employees will be required in connection with the addition as many of the Church functions are administered and/or staffed by parishioners and other volunteers. An interior remodel of the Church is also being pursued independent of the exterior additions to the Church. The intent of the interior remodel is to bring back a historically appropriate appearance while upgrading Church systerns. The Church is situated on the corner of Main Street and Hunter Street within the commercial core zone and Main Street Historic District. This application is prepared in conformance with pre- application conference summary dated 25 October 2016. Conceptual Major Development, Special Review for parking, and Viewplane Exemption were approved by the Historic Preservation Commission (HPC) by Resolution #19, Series of 2016. This Conceptual Approval was granted following the City Council conducted call-up review of the initial HPC approval which approved the above grade portions of the addition to the Church adjacent to Main Street. During Conceptual reviews, this option was referred to as Option B. Council requested HPC to reconsider their initial approval and provided a recommendation that the above grade portion of the addition be located to the rear of the property, adjacent to the alley. This configuration was referred to as Option A during Conceptual reviews. At a public hearing held 8 June 2016, the HPC revised their initial approval encompassed in Resolution #8, Series of 2016, and required the above grade addition to conform with Option A, as presented in the 9 March 2016 staff memorandum. The Church is considered a civic use and an Essential Public Facility. This designation allows City Council to assess, waive, or partially waive affordable housing mitigation requirements as the function of the Church supports broader community goals. The Church plays a very unique role in the Community. Beyond being a living touchstone to Aspen's mining, ranching, and early resort development days, with rnany current parishioners coming from families that were integral to the development of Aspen, the Church also provides rnany community based functions, the most visible being the annual St. Patrick's Day celebration. The creation of a largely subgrade parish social hall will provide current parish prograrns, which consist of, but are not limited to, religious education classes, various parish meetings, AA and Al-anon meetings, the Aspen Homeless Shelter, and occasional special speaking engagements, badly needed space. The Church currently consists of the historic 10,950 SF church, the historic 3,160 SF rectory, and a 2,254 SF garage/parish employee housing unit. The housing unit is not deed restricted but will always be occupied by an employee of the parish. Due to the limited space and the active parish calendar, parish events are often forced to be held in less than ideal circumstances with religious education classes held in the hallway and with constant setup and take down to get ready for the next event. The additional space will provide approximately 9,000 SF of new meeting space, of which only 1,000 SF of new floor area will be added in the above grade addition. The Aspen Pitkin County Housing Authority (APCHA) has previously determined that the current staffing of the Church (three full-time and two part-time employees) is equivalent to 3.575 FTE's. The Housing Board has recommended no mitigation requirement based on the Church's claim that no additional employees will be required to accommodate the additional meeting space. 1IPage Growth Management, Essential Public Facility St. Mary Catholic Church / 533 E. Main Street, Aspen 14 February 2017 The Housing Board did suggest, and Staff has agreed, that an employee audit be conducted two years after receiving Certificate of Occupancy, and if additional employees have been generated, the applicant would need to provide additional on-site employee housing or mitigation through the purchase of a Certificate of Affordable Housing Credit. The Church supports the concept of the audit as the Church is very confident that current staff needs are adequate. The Applicants have worked to design a project that meets City goals with respect to redeveloping a historic building and that provides for the important civic uses pursued by the parish. 21Page Growth Management, Essential Public Facility St. Mary Catholic Church / 533 E. Main Street, Aspen 14 February 2017 Code Response 26.308.010.C. Extension or reinstatement of vested rights. The City Council may, by resolution at a public hearing noticed by publication, mailing and posting (See Subparagraphs 26.304.0601E1[3][allb] and M) approve an extension or reinstatement of expired vested rights or a revoked development order in accordance with this Section. 1. In reviewing a request for the extension or reinstatement of vested rights the City Council shall consider, but not be limited to, the following criteria: a) The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement; Extended vesting of ten (10) years is requested prior to final approval. Vesting will be conditioned on final approval being granted by HPC and applicant will fulfill any and all conditions imposed. b) The progress made in pursuing the project to date including the effort to obtain any other permits, including a building permit and the expenditures made by the applicant in pursuing the project; The Parish has pursued a very involved interior remodei aimed at restoring the historic appearance of the interior. The interior remodel is estimated to cost $6 million. This is a very costly and time consuming effort. The subgrade parish hall and associated development will likewise be very expensive and involved. As such, fund raising, engineering studies, and architectural detailing will take substantial time and effort. c) The nature and extent of any benefits already received by the City as a result of the , project approval such as impact fees or land dedications; The Church plays a very unique role in the Cornmunity by providing many community-based functions, the most notable being the annual St. Patrick's Day celebration, religious education classes, various parish meetings, AA and Al-anon meetings, the Aspen Homeless Shelter, and occasional special speaking engagements. The new parish hall will provide much needed space for all of these programs and more. d) The needs of the City and the applicant that would be served by the approval of the extension or reinstatement request. Extended vesting will allow for fundraising and engineering studies to occur that will ultimately benefit the community by enhancing and supporting the expansion of this important civically oriented organization. 26.470.050. General requirements. A. Purpose: The intent of growth management is to provide for orderly development and redevelopment of the City while providing mitigation from the impacts said development and redevelopment creates. Different types of development are categorized below, as well as the necessary review process and review standards for 31Page Growth Management, Essential Public Facility St. Mary Catholic Church / 533 E. Main Street, Aspen 14 February 2017 the proposed development. A proposal may fall into multiple categories and therefore have multiple processes and standards to adhere to and meet. A. 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. Sufficient Growth Management allotments are available to accommodate the proposed development without requesting multi-year allotments. 2. The proposed development is compatible with land uses in the surrounding area, as well as with any applicable adopted regulatory master plan. The proposed development adheres to current land uses in the surrounding area, as well as applicable adopted regulatory master plans. The proposed development is intended to support the current and ongoing activities pursued by the Church, an important historic and cultural resource of the City of Aspen. The activities that will utilize the additional space get at the heart of what the Aspen community is about and ernbodies the ethos left to us by Walter Paepcke of mind, body, and spirit. 3. The development conforms to the requirements and limitations of the zone district. The development conforms to the requirements set forth in the Commercial Core (CC) zone district. The CC zone district allows development up to a floor area ration of 2.75:1. For the Church site, this would equate to up to approximately 74,000 SF of floor area. The current proposal will add approximately 3,200 SF. Total floor area will therefore be less than 20,000 SF, well below development maximums. No setbacks are applicable to the Church site and no minimum public amenity or open space requirements exist for the site. 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. The proposed development conforms with Resolution #19, Series of 2016. The proposed additions will be constructed in conformance with the configuration of the addition shown as Option A in the 9 March 2016 staff memorandum. 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 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 41Page Growth Management, Essential Public Facility St. Mary Catholic Church / 533 E. Main Street, Aspen 14 February 2017 Chapter 26.540, such Certificate shall be extinguished pursuant to Chapter 26.540.90 Criteria for Administrative Extinguishment of the Certificate. No additional employees are anticipated to be required following the construction of the proposed development. The Church is considered a civic use and an Essential Public Facility. This designation allows City Council to assess, waive, or partially waive affordable housing mitigation requirements as the function of the Church supports broader community goals. The Aspen Pitkin County Housing Authority (APCHA) has previously determined that the current staffing of the Church (three full-time and two part-time employees) is equivalent to 3.575 FTE's. The Housing Board has recommended no mitigation requirement based on the Church's claim that no additional employees will be required to accommodate the additional meeting space. The Housing Board did suggest, and Staff has agreed, that an employee audit be conducted two years after receiving Certificate of Occupancy, and if additional employees have been generated, the applicant would need to provide additional on-site employee housing or mitigation through the purchase of a Certificate of Affordable Housing Credit. The Church supports the concept of the audit as the Church is very confident that current staff needs are adequate. 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. No free-market development is proposed. No employee housing mitigation is proposed to be constructed as current staffing, which is provided by employees of the church and through volunteers, is currently adequately housed. 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. The project represents minimal additional demand on public infrastructure as the proposed development will be to support a current civic use. Sufficient water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking and road and transit services will or have been provided. Improvements to the pedestrian network is being completed in conjunction with the interior remodel of the church which is being pursued separate from the proposed development. 51Page Growth Management, Essential Public Facility St. Mary Catholic Church / 533 E. Main Street, Aspen 14 February 2017 26.470.070.4. Affordable housing. The development of affordable housing deed-restricted in accordance with the Aspen/Pitkin County Housing Authority Guidelines shall be approved, approved with conditions or denied by the Planning and Zoning Commission based on the following criteria: a. The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing Authority. A recommendation from the Aspen/Pitkin County Housing Authority shall be required for this standard. The Aspen/Pitkin County Housing Authority may choose to hold a public hearing with the Board of Directors. No additional affordable housing units will be developed. e. Non-Mitigation Affordable Housing. Affordable housing units that are not required for mitigation, but meet the requirements of Section 26.470.070.4(a-d). The owner of such nonmitigation affordable housing is eligible to receive a Certificate of Affordable Housing Credit pursuant to Chapter 26.540. A non-deed restricted employee housing unit exists on site that will continue to house the employees of the Church. The Church is not seeking any Affordable Housing Credits for this unit. Sec. 26.470.090. City Council applications. The following types of development shall be approved, approved with conditions or denied by the City Council, pursuant to Section 26.470.110, Procedures for review, and the criteria for each type of development described below. Except as noted, all growth management applications shall comply with the general requirements of Section 26.470.050. Except as noted, all City Council growth management approvals shall be deducted from the respective annual development allotments and development ceiling levels. 1. Multi-year development allotment. The City Council, upon a recommendation from the Planning and Zoning Commission, shall approve, approve with conditions or deny a multi-year development allotment request based on the following criteria: Multi-year development allotments are not sought as a part of this application. 1. Essential public facilities. The development of an essential public facility, upon a recommendation from the Planning and Zoning Commission, shall be approved, approved with conditions or denied by the City Council based on the following criteria: a. The Community Development Director has determined the primary use and/or structure to be an essential public facility (see definition). Accessory uses may also be part of an essential public facility project. The proposed addition is an essential public facility as defined in Sec. 26.104.100-A facility which serves an essential public purpose is available for use by or benefit of, the general public and serves the needs of the community. The Church plays a very unique role in the Community. Beyond being a living touchstone to Aspen's mining, ranching, and early resort development days, with many current parishioners coming from families that were integral to the development of Aspen, the Church also provides many community based functions, the most visible being the annual St. Patrick's Day celebration. The creation of a largely subgrade parish social hall will provide current parish 61Page Growth Management, Essential Public Facility St. Mary Catholic Church / 533 E. Main Street, Aspen 14 February 2017 programs, which also consist of, but are not limited to, religious education classes, various parish meetings, AA and Al-anon meetings, the Aspen Homeless Shelter, and occasional special speaking engagements, badly needed space. b. Upon a recommendation from the Community Development Director, the City Council may assess, waive or partially waive affordable housing mitigation requirements as is deemed appropriate and warranted for the purpose of promoting civic uses and in consideration of broader community goals. The employee generation rates may be used as a guideline, but each operation shall be analyzed for its unique employee needs, pursuant to Section 26.470.100, Calculations. As previously stated, the Church plays a very unique role in the Community. The Aspen Pitkin County Housing Authority (APCHA) has previously determined that the current staffing of the Church (three full-time and two part-time employees) is equivalent to 3.575 FTE's. The Housing Board has recornmended no mitigation requirement based on the Church's clairn that no additional employees will be required to accommodate the additional meeting space. The Housing Board did suggest, and Staff has agreed, that an employee audit be conducted two years after receiving Certificate of Occupancy, and if additional employees have been generated, the applicant would need to provide additional on-site employee housing or mitigation through the purchase of a Certificate of Affordable Housing Credit. The Church supports the concept of the audit as the Church is very confident that current staff needs are adequate. c. The applicant has made a reasonable good-faith effort in pursuit of providing the required affordable housing through the purchase and extinguishment of Certificates of Affordable Housing Credit. The Church currently maintains an off-site deed restricted affordable housing unit which is occupied by employees of the Church. These employees have met all applicable APCHA qualifications. The Church also maintains an onsite, non-deed restricted unit, that is available for staff needs. Many of the Church functions are administered and/or staffed by members of the parish and other volunteers that have their own housing. d. The proposal furthers affordable housing goals, and the fee-in-lieu payment will result in the near-term production of affordable housing units. Not applicable. The City Council may accept any percentage of a project's total affordable housing mitigation to be provided through a fee-in-lieu payment, including all or none. Unless otherwise required by this Title, the provision of affordable housing mitigation via a fee-in-lieu payment for 0.25 FTEs or less shall not require City Council approval. 2. Preservation of significant open space parcels. On a project-specific basis and upon a recommendation from the Planning and Zoning Commission, the City Council shall approve, approve with conditions or deny development of one (1) or more residences in exchange for the permanent preservation of one (1) or more parcels considered significant for the preservation of open space. The preservation parcel may lie outside the City jurisdiction. The exempted residential units shall be deducted from the respective annual development allotment established pursuant to 71Page Growth Management, Essential Public Facility St. Mary Catholic Church / 533 E. Main Street, Aspen 14 February 2017 Subsection 26.470.030.D and the development ceiling levels established pursuant to Subsection 26.470.030.C. The exempted residential units shall provide affordable housing mitigation, pursuant to the requirements of Paragraph 26.470.060.2. This exemption shall only apply to the specific residences approved through this provision. Other residences within a project not specifically exempted through this provision shall require growth management approvals pursuant to this Chapter. The criteria for determining the significance of a preservation parcel and the associated development rights to be granted may include: Not applicable. No residences are proposed to be constructed. 26.470.100. Calculations. A. Employee generation and mitigation. Whenever employee housing or fee-in-lieu is required to mitigate for employees generated by a development, there shall be an analysis and credit for employee generation of the existing project, prior to redevelopment, and an employee generation analysis of the proposed development. The employee mitigation requirement shall be based upon the incremental employee generation difference between the existing development and the proposed development. 1. Employee generation. The following employee generation rates are the result of the Employee Generation Study, an analysis sponsored by the City during the fall and winter of 2012 considering the actual employment requirements of over one hundred (100) Aspen businesses. This study is available at the Community Development Department. Employee generation is quantified as full-time equivalents (FTEs) per one thousand (1,000) square feet of net leasable space or per lodge bedroom. The Aspen Pitkin County Housing Authority (APCHA) has previously determined that the current staffing of the Church (three full-time and two part-time employees) is equivalent to 3.575 FTE's. Housing needs are currently met for existing employees. 81Page Growth Management, Essential Public Facility St. Mary Catholic Church / 533 E. Main Street, Aspen 14 February 2017 ATTACHMENT 2 - LAND USE APPLICATION PROJECT: Name: St. Mary Catholic Church Addition and Remodel Location: 104 S. Galena St./533 E. Main St., Lots A,BAD,E,F,G,Ii and 1, Block 93, City and Townsite of Aspen Parcel ID # (REQUIRED) 2737-07-331-801 'lk& APPLICANT: 1.ECEIVED Name: Father John Hilton on behal f of the Archdiocese of Denver MAR 0 1 2017 Address: 104 S. Galena St./533 E. Main St, Aspen, CO 81611 (,CITY OIL A'~ Phone #: (970)925-7339 -~Wly ar,3'PEN REPRESENTIVATIVE: UrvtLMWâ‚¬4T Name: Stan Clauson Associates, Inc. Address: 412 N Mill St, Aspen, CO 81611 Phone#: 970-925-2323 [XEI GMQS Exemption El Conceptual PUD E Temporary Use 61 GMQS Allotment (3 Final PUD (& PUD Amendment) Special Review Subdivision ~ Conceptual SPA ~ ESA-8040 Greenline, Stream 1-1 Subdivision Exemption (includes [3 Margin, Haliam Lake Bluff, Condominiumization) U Mountain View Plane U Final SPA (&SPA E~ Commercial Design Review [23 Lot Split Amendment) U Residential Design Variance ~1 Lot Line Adjustment U Small Lodge Conversion/ Expansion D Conditional Use Other: EXISTING COND]TIONS: (description of exist'ing buildings, uses, previous approvals, etc,) Existing buildings include the church. apartment building and rectory PROPOSAL; (Description of proposed buildings, uses, modifications, etc.) Proposed addition of a social hall building between, and attached to the existing church and apartment buildine: interior remodeling of the church ground floor and sanctuary. Have you attached the following? FEES DUE: $ Â£ Pre-Application Conference SummarY ~ Attachment #1, Signed Fee Agreement D Response to Attachment #3, Dimensional Requirements Form U Response to Attachment #4, Submittal Requirements - including Written Responses to Review Standards ~ 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model, March, 2016 Citv of ADen I 130 S. Galena St. I (970) 920 5050 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: St. Mary Catholic Church Addition Applicant: Father John Hilton on behalf of The Archdiocese of Denver Location: 104 S. Galena St./533 E. Main St. Zone District: Commercial Core/Historic District Lot Size: 27,000 SF Lot Area: 27,000 SF (Forthe purpose of calculating Floor Area, Lot Area may be reduced for areas within the high-water mark, easement, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: N/A Proposed. N/A Number of residential units: Existing: 1 Proposed: 2 Numberof bedrooms: Existing: 5 Proposed-. 5 Proposed % of demolition (Historic properties only): N/A DIMENSIONS: Floor Area: Existing: 16,365 SF Allowable: 74,250 SF Proposed 17,365 SF Principal bldg. height: Existing: N/A Allowable: N/A Proposed N/A Access. Bldg. height: Existing: O Allowable: 28 ft. Proposed 25'-2" On-Site parking: Existing: 3 Required: 3 Proposed 3 % Site coverage: Existing: N/A Required: N/A Proposed N/A % Open Space: Existing: N/A Required: N/A Proposed N/A Front Setback: Existing: N/A Required N/A Proposed N/A Rear Setback: Existing: N/A Required. N/A Proposed N/A Combined F/F: Existing: N/A Required N/A proposed N/A Side Setback: Existing: N/A Required: N/A Proposed N/A Side Setback: Existing: N/A Required N/A Proposed N/A Combined Sides: Existing: N/A Required N/A Â°roposed N/A Distance between Bldgs. Existing: N/A Required: N/A Proposed N/A Existing: N/A Required: N/A Proposed: N/A Existing non-conformities or encroachments: The south end of the existing church building encroaches into the alley R.O.W. by 0.75 ft. and the north entrance porch roof/steps encroach into the Main Street. Variations requested: N/A March, 2016 Citv of Anen I 130 S. Galena St. I (970) 920 5050 Attachment 4 f â‚¬ K) Reeve i inci C Center ,/0 9. -0 0 46 91 4,>% 210 n 415 9 A spen VIE,Ito I,ei A 9Â·e i i Cefitot palk,119 Garage J 9/1 Pitkin ~ 601 Cou,9 L Building F.110 *.4/ride LiIia,Y ~ Lityâ€¢ 31 y Plaza FOUNDERS â‚¬} 0Â£434 Pilk ti, 449 LIBRARY ALLEY County E 9 Pt ACE OF 39 Ve L. M t 100 Ffate. el ,),cle i i O te 1 11*.bel Place the Ee Aspen Po 1Ice / and ritkitarm /Vebern'% 102 101 # Palk t BLE Z , She tiff FL.. / C I|Y 154 Couithous,0 152 )/ Poliong C,3 150 Â· 134 :415 . ~Depeltilkint ~ 132 EX} a + 4 435 2 100 7/4 0 104 10!2104,06 St t.laty' 3 A*pen 511 1*31Â© 1, .AN . 40: :Station 605 121 422 A Â·4Â» n 1 â‚¬31 2.- 1*]Il ponne' No , 1100 *, 1 P. k 119 4 117 *i 530 725 532 Goo , 119 G:34 204 y 515 622 13) 708 710 517 714 , ma L HOPKINS A.Â·i 716720 7 601 72 611 623g25 G15 205 510 514 516 520 715 534 7Â¢a Subject Parcel Growth Management, Essential Public Facility St. Mary Catholic Church / 533 E. Main Street, Aspen 14 February 2017 FAPS - 1-'APARdia 2/9/2017 Parcel Detail Pitkin County Assessor Parcel Detail Information Assessor Property Search 1 Assessor Subset Ouery 1 Assessor Sales Search Clerk & Recorder Reception Search I Treasurer Tax Search Search GIS Map j GIS Help Basic Building Characteristics I Value Summary Parcel Detail I Value Detail I Sales Detail I Residential/Commercial Improvement Detail Owner Detail I Land Detail I Photographs Tax Account Parcel Property 2016 Mill Area Number Number Type Levy DPT 001 R013942 273707331801 32.473 EXEMPT Primary Owner Name and Address ARCHDIOCESE OF DENVER 1300 S STEELE ST DENVER, CO 80210 Additional Owner Detail Business Name ST MARYS CATHOLIC CHURCH Legal Description Subdivision: CITY AND TOWNSITE OF ASPEN Block: 93 Lot: A-I SAINT MARYS CATHOLIC CHURCH Location Physical Address: 104 S GALENA ST ASPEN Subdivision: CITY AND TOWNSITE OF ASPEN Land Acres: 0.000 Land Sq Ft: 27,000 http:/twww.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R013942 1/3 2/9/2017 Parcel Detail 2016 Property Value Summary Actual Value Assessed Value Land: 8,000,000 1,310,080 Improvements: 7,405,000 1,212,640 Total: 15,405,000 2,522,720 Sale Date: Sale Price: Additional Sales Detail Basic Building Characteristics Number of Residential Buildings: 3 Number of Comm/Ind Buildings: 0 Residential Building Occurrence 0 Characteristics FINISHED BSMT: 5,390 FIRST FLOOR: 5,484 Total Heated Area: 10,874 Property Class: EXEMPT-CHURCH-IMPS Actual Year Built: 1892 Effective Year Built: 1985 Bedrooms: 0 Baths: 2 Quality of Construction: GOOD Exterior Wall: COMMON BRK Interior Wall: BASE Floor: BASE Heat Type: HT WTR B/B Heating Fuel: GAS Roof Cover: METAL Roof Structure: GABLE/HIP Neighborhood: CITY OF ASPEN EXEMPT Top of Page Assessor Database Search Options http:/twww.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R013942 213 AHachmen15 LEGEND AND NOTES I U.,1. BOX N . suit.v co,rrn. 8 1,1 2:.1.Ea .-DECIDUOU, FÂ·CONIFER, DIA,ETER 1. 1,Â¤15â€ž DRIPLING IN FIET] 1.-20 * ST~Er LI- Â® ./18! m.1,15 . ..1.1 0 20 40 1 b â€¢ i#i. 2.K U. S, Sull~EY FOOT 1 FOOT CONTOUR 1 ' CITY "01.- . .1/</ .ELL 9 1 A-~- coURTHOUSE V.LAI~E No. 2. .EVATION: LISTS) IN .r,} VICINITY MAP 1 1 4 6 *mis ZoNED .-Rel. CORE ~Iâ„¢ HI:TORIC MRLAY Ell. 1212:EE â„¢Ii PROPERTY I: 31.ATED IN ZONE Â·X- (aEA, DEâ„¢.Ile TO â€¢ Vin P- aEÂ¥~ION ~JU~TED TO FIT 1~80 - (5.31'1 14.1.6 al,FyBZ,6:01,Ur:"~.,~,F~~*,2:~i.., MIYN :TiBIT 913 Â·eF ... ~'0Â·~Â·~Â·' ' - Atkillet=LOW TITLE ,-ONIATION FI,NI,le . i MM 6=ZE:**'0*= - zoâ€ž~., en:.1 , ....81 I 1 /. -: f O 1 1.1 ....01 ' r Â·---~ 0 (7928..i i r.-4* I GUI .1 m .. 7.1 imi:,1 DATE I: * - . 67#8:1-'tice,I \ ..1 . â€¢ .0... / r . eN: E & - #1.-/.1' Â¥.1 ..,un i , 1:,. 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I lh# 4* 1 ..7.e .7 1.lillillillillillillillililillill ailia Ill#Ir i - Illillillillill'lli/74*t -â€¢211â€¢, 'r 4?4 4. - ..Ak- - Ivabp.. Â»f~~?84~6~1~~~$ mi~,94.i*$37* - r.r lili .~0 Attachment 7 COMMITMENT for TITLE INSURANCE issued by ~~ TITLE COMPANY of the rockies as agent for WESTCOR LAND TITLE INSURANCE COMPANY Refrrence: C'ommitment Number: 0705130-C Commitment Ordered By: Inquiries should be directed to: Patrick Rawley Stan Clauson Associates Inc Title Company ofthe Rookies 412 North Mill Street 132 W. Main Street, Suite B Aspen. CO 81611 Aspen, CO 81611 Phone: 970-925-2323 Fax: 970-920-1628 Phone: (970) 920-9299 Fax: (970) 920-5352 email: patrick@scaplanning.com email: Reference Properly Address: 104 South Galena Street, Aspen, CO 81611 SC'llEDULE A 1. Effective Date: January 29,2017,7:00 am Issue Date: February 10,2017 2. Policy (or Policies) to be issued: ALTA Owner's Policy (6-17-06) Policy Amount: Amount to be Detennined Premium: Amount to be Determined Proposed Insured: A Buyer to be Determined 3. The estate or interest in the Land described or referred to in this Commitment is: Fee Simple and Title to said estate or interest is at the Effective Date vested in: The Archdiocese of Denver 4. The Land referred to in this Commitment is located in the County ofPitkin, State of Colorado, and is described as follows: Lots A, B, C, D, E, F, G, H and I, Block 93, CITY AND TOWNSITE OF ASPEN Alta Conimitment - 2006 Schedule A Commitment No. 0705130-C Schedule B-I Requirements COMMIMENT FOR TITLE INSURANCE SCHEDULE B - SECTION I REQUIREMENTS THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH: Item (a) Payment to or for the account ofthe grantors or mortgagors ofthe full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: 1. Deed from The Archdiocese of Denver to A Buyer To Be Determined. NOTE: Duly executed real property transfer declaration, executed by either the Grantor or Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No. 1288-CRA 39-14-102. 2. Evidence satisfactory to the Company or its duly authorized agent that all dues and/or assessments levied by the Homeowners Association have been paid through the date of closing. 3. Evidence satisfactory to the Company or its duly authorized agent either (a) that the "real estate transfer taxes" imposed by Ordinance No. 20 (Series of 1979), and by Ordinance No. 13, (Series of 1990), of the City of Aspen, Colorado have been paid, and that the liens imposed thereby have been fully satisfied, or (b) that Certificates of Exemption have been issued pursuant to the provisions thereof. THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEARCH OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR PITKIN COUNTY, COLORADO FOR JUDGMENT LIENS, TAX LIENS OR OTHER SIMILAR OR DISSIMILAR INVOLUNTARY MATTERS AFFECTING THE GRANTEE OR GRANTEES, AND TO MAKE SUCH ADDITIONAL REQUIREMENTS AS IT DEEMS NECESSARY, AFTER THE IDENTITY OF THE GRANTEE OR GRANTEES HAS BEEN DISCLOSED TO THE COMPANY. NOTE: THIS COMMITMENT IS ISSUED UPON THE EXPRESS AGREEMENT AND UNDERSTANDING THAT THE APPLICABLE PREMIUMS, CHARGES AND FEES SHALL BE PAID BY THE APPLICANT IF THE APPLICANT AND/OR ITS DESIGNEE OR NOMINEE CLOSES THE TRANSACTION CONTEMPLATED BY OR OTHERWISE RELIES UPON THE COMMITMENT, ALL IN ACCORDANCE WITH THE RULES AND SCHEDULES OF RATES ON FILE WITH THE COLORADO DEPARTMENT OF INSURANCE. Alta Commitment - 2006 Schedule Et-I Requirements Commitment No. 0705130-C Schedule B-II Exceptions COMMITMENT FOR TII'LE INSURANCE SCHEDULE B - SECTION II EXCEPIIONS Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction ofthe Company. Any loss or damage, including attorney fees, by reason of the matters shown below: 1. Any facts, rights, interests, or claims which are not shown by the Public Records but which could be ascertained by an inspection of said Land or by making inquiry of persons in possession thereof. 2. Easements or claims of easements, 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. 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. Any mine of gold, silver, cinnabar or copper, or any valid mining claim or possession held under existing laws, as reserved by M. G. Miller, County and Probate Judge of Pitkin County, Colorado, in the Deed to Edward Downey recorded October 24,1887, in Book 59 at Page 55. 8. Notice of Historic Designation recorded January 13, 1975,in Book 295 at Page 515. 9. Resolution No. 2 (Series of 1993) A Resolution of the Aspen Historic Preservation Committee Vesting The Site Specific Final Development Plan for St. Mary's Church recorded March 1, 1993, in Book 704 at Page 874. 10. Encroachment Agreement between the City of Aspen and Saint Mary's Catholic Church, Diocese of Denver recorded July 1,1993, in Book 716 at Page 622. 11. Resolution No. 41 (Series 2000) Resolution of the Aspen Preservation Commission Approving an Application for Conceptual Development and Variances from the Residential Design Standards for St. Mary's Church recorded September 5,2000, at Reception No. 446665. 12. Revocable Encroachment License recorded December 8,2000, at Reception No. 449522. 13. Terms, agreements, provisions, conditions and obligations as contained in Resolution No. 57 (Series 2000) Resolution of the Aspen Preservation Commission Approving an Application for Final Alia Commitment - 2006 Schedule B-Il Exceptions Commitment No. 0705130-C Schedule B-Il Exceptions (continued) Review of a Significant Development for St. Mary's Church recorded February 1,2001, at Reception No. 451129. 14. Ordinance 54 (Series 2000) Ordinance of the Aspen City Council recorded June 25,2001, at Reception No. 455760. 15. Terms, agreements, provisions, conditions and obligations as contained in Accessory Dwelling Unit Deed Restriction recorded March 9,2001, at Reception No. 452236. 16. Resolution #8( Series of2016 ) Of The Aspen Historic Preservation Commission Granting Conceptual Major Development, Special Review, Growth Management And View Plane Approval For 533 E. Main Street, Lots A-I, Block 93, City Of Aspen, Pitkin County, Colorado. Alla Commitmem - 2006 Schedule B-If Exceptions (continued) DISCLOSURE STATEMENTS Note 1: Colorado Division of Insurance Note 5: Pursuant to C.R.S. Â§10-11-123 Note 10: Pursuant to Regulation 3-5-1 Regulations 3-5-1, Paragraph C of Article Vll, Notice is hereby given: Section 9 (G) notice is hereby given that requires that (a) Ifthere is recorded evidence that a mineral "Until a title entity receives written "Every Title entity shall be responsible for estate has been severed, leased or otherwise instructions pertaining to the holding of all matters which appear of record prior to the conveyed from the surface estate then there fiduciary funds, in a form agreeable to the title time of recording whenever the Title entity is a substantial likelihood that a third party entity, it shall comply with the following: conducts the closing and is respoiisible for holds some or all interest in oil, gas, other 1. 'Ilie title entity shall deposit funds into an recording or filing of legal documents minerals, or geothermal energy in the escrow, trust, or other fiduciary account resulting from the transaction which was properly, and and hold them in a fiduciary capacity. closed." (Gap Protection) (b) That such mineral estate may include the 2. The title entity shall use any fiinds right to enter and use the properly without designated as "earnest money " for the the surface owner's permission consummation of the transaction as Note 2: Exception No. 4 of Schedule B, evidenced by the contract to buy and sell Section 2 of this Commitment may be deleted Note 6: Effective September 1, 1997, C.R.S. real estate applicable to said transaction, from the Owner's Policy to be issued Â§30-10-406 requires that all documents except as otherw'ise provided in this hereunder upon compliance with the received for recording or filing in the clerk section. 11 the transaction does not close, following conditions and recorder's ollice shall contain a top the title entity shall: A. 'llie Land described iii Schedule A of this margin of at least one inch and a left, right a. Release the earnest money funds as commitment must be a single-family and bottom margin of at least one-half inch directed by written instructions signed residence, which includes a condominium the clerk and recorder may refuse to record or by both the buyer and seller; or or townhouse unit file any document that does not conform. b. Ifacceptable written instructions are not B. No labor or materials may have been received, uncontested funds shall be furnished by mechanics or materialmen for Note 7: Our Privacy Policy held by the title entity for 180 days from purpose of construction on the Land We will not reveal nonpublic personal the scheduled date of closing, after described in Schedule A of this customer information to any extertial which the title entity shall return said Coininitment within the past 13 ]1ionths. non-affiliated organization unless we have funds to the payor. C. Tlie Company must receive an appropriate been authorized by the customer, or are 3. In the event of any controversy regarding affidavit indemnifying the Company required by law. the funds held by the title entity against unfiled mechanic's and (notwithstanding any termination of the materialmen's liens. Note 8: Records: contract), the title entity shall not be D. Any deviation from conditions A though C Regulation 3-5-1 Section 7 (N) provides that required to take any action unless and until above is subject to such additional each title entity shall maintain adequate such controversy is resolved. At its option requirements or Information as the documentation and records sufficient to show and discretion, the title entity may Company may deem necessary, or, at its compliance with this regulation and Title 10 a. Await any proceeding or option, the Company may refuse to delete of the Colorado Revised Statutes for a period b. Interplead all parties and deposit such the exception. of not less thaii seven (7) years, except as funds into a court of competent E. Payment of the premium for said coverage. otherwise permitted by law. jurisdiction, and recover court costs and reasonable attorney and legal fees, or Note 9: Pursuant Regulation 3-5-1 Section 9 c. Deliver written notice to the buyer and Note 3: The following disclosures are hereby (F) notice is hereby given that seller that unless the title entity receives made pursuant to Â§10-11-122, C.R.S.: "A title entity shall not earn interest on a copy of a summons and complaint or (i) The subject real property may be located in fiduciary funds unless disclosure is made to claim (between buyer and seller), a special taxing district; all necessary parties to a transaction that containing the case number of the (ii) A certificate of taxes due listing each interest is or has been earned. Said disclosure lawsuit or lawsuits, within 120 days of taxing jurisdiction shall be obtained from must offer the opportunity to receive payment the title entity's written notice delivered the County 1 reasurer or the County ofany interest earned on such funds beyond to the parties, title entity shall return the Treasurer's authorized agent; and any administrative fees as may be on file with funds to tlie depositing party-" (iii) Information regarding special districts the division, Said disclosure must be clear and the boundaries of such districts may be and conspicuous, and may be made at any obtained from the County Commissioners, time up to and including closing." the County Clerk and Recorder, or the Be advised that the closing agent will or County Assessor. could charge an Administrative Fee for processing such an additional services request Note 4: If the sales price of the subject and any resulting payee will also be subjected property exceeds $100,000.00, the seller shall to a W-9 or other required tax documentation be required to comply with the disclosure or for such purpose(s). withholding provisions of C.R.S. Be further advised that, for many Â§39-22-604.5 (Non-resident withholding). transactions, the imposed Administrative Fee associated with such an additional service may exceed any such interest earned. Therefore, you may have the right to some of the interest earned over and above the Administrative Fee, if applicable (e.g., any money over any administrative fees involved in figuring the amounts earned). Disclosure Statements Title Company of the Rockies Disclosures 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 halfofan inch. The Clerk and Recorder will refuse to record or file any document that does not conform to the requirements of this section. Pursuant to C.R.S. 30-10-406(3)(a) The company will not issue its policy or policies of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes elite or other equivalentdocumentation from the County Treasurer or the County Ireasurer's authorized agent: or until the Proposed Insured has notified or instructed the company iii writing to the contrary. Pursuant to C.R.S. 10-11 -122. No person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawals as a matter of right. Pursuant to C. R.S. 38-35-125(2). The Company liereby notifies the proposed buver in the current transaction thal there may be recorded evidence that the mineral estate, or portion thereof, has been severed, leased, or othenvise conveyed from the surface estate. If so, there is a substantial likelihood that a third party holds some or all interest in the oil, gas, other minerals, or geothermal energy in the subject property. Such mineral estate may include the right to enter and use the property without the surface owner's permission. Pursuant to C.R.S. 10-11-123. If this transaction includes a sale of property and the sales price exceeds $ 100,000.00, the seller must comply with the disclosure/withholding requirements of said section. (Nonresident withholding) Pursuant to C.R.S. 39-22-604.5. Notice is hereby given that: The subject property may be located in a special taxing district. A Certificate of'l'axes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. Information regarding special districts and the boundaries of such districts may be obtained from the Board of'Collilly Commissioners, the County Clerk and Recorder, or the County Assessor. Pursuant to C. R.S. 10-11-122. Notice is hereby given thatÂ· Pursuant to Colorado Division of Insurance Regulation 8-1-2, "Gap Protection" -When this Conipany conducts the closing mid is responsible for recording or filing the legal documents resulting from the transaction, the Company shall be responsible for all matters which appear on the record prior to such time or recording or filing; and "Mechanic's ]-ien Protection" - If you are the buyer of' a single family residence, you may request mechanic's lien coverage to be issued on your policy of Insurance. If the properly being purchased has not been the Sltbject of construction, improvements or repairs in the last six months prior to the date of this commitment, the requirements will be payment of the appropriate premium and the completion of an Affidavit and Indemnity by the seller. If the properly being purchased was constructed, improved or repaired within six months prior to the date of this commitment the requirements may involve disclosure of certain financial information, payment of premiums, and indemnity, among others. The general requirements stated above are subject to revision and approval by the Company. Pursuant to C.R S. 10-11-122. Notice is hereby given that an ALTA Closing Protection Letter is available, iipon request, to certain parties to the transaction as noted in the title commitment. Pursuant to Colorado Division of Insurance Regulation 8-1. Nothing herein contained will be deemed to obligate the Company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. Attachment 8 Fr. John Hilton St. Mary Catholic Church 533 East Main Street , , Aspen, CO.81611 Tel: 970-925-7399 10 February 2017 Ms. Amy Simon Hisloric Preservation Officer, City of Aspen 130 S. Galena Street Aspen, CO 81611 Ro: Authorization to SubmitÂ·Land Use Applicalions L Dear Amy: Thrs letter is to certify ihal I, Fr. John Hilton, Pastor of St, Mary Catholic Church and authorized representative for tlic: Arclidiocese of Denver, whic:h is ihe owner of St. Mary Catholic Church, located at 533 East Main Streel, give Stan Clauson Associates, Inc. and its staff permission to represent S!. Mary Catholic Church in submitling Land Use Applications to the Cily of.Aspen. If you should have any questioi-is regarding this matter please do not hesitate to contact me. Contactinformation for Stan Clauson Associates is as follows: Patrick S. Rawley, AICP, ASLA Stan Clauson Associates, Inc. 412 N. Mill Street Aspen, CO 81611 Tel 970-925-2323 Fax 970-920-1628 Very Truly Yours, Â»_ct-,DiÂ»---- Af.Jann Hilton Pastor.-St..Mary Catholic ChOtch ' Attachment 9 RESOLUTION #19 (SERIES OF 2016) A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION AMENDING CONCEPTUAL MAJOR DEVELOPMENT, SPECIAL REVIEW, GROWTH MANAGEMENT AND VIEW PLANE APPROVAL FOR 533 E. MAIN STREET,LOTS A-1, BLOCK 93, CITY OF ASPEN, PITKIN COUNTY, COLORADO Pfircel ID: 2737-073-31â€ž801 WHEREAS, on May 4, 2015, the Community Developinent Department received an application from The Archdiocese of Denver/St. Mary's Church, represented by Charles Cunniffe Architects and Stan Clauson Associafes for the following land use review approvals: Conceptual Major Ddvelopment, Special Review, Growth Management and View Flane review; and WHEREAS, the Historic Preservation Commiksion reviewed the Application at duly noticed public hearings on August 26, 2015; January 27, 2016 and March 9, 2016, during which time the recommendations of the Conitnunity Development Director and comments from the - - public were requested and heard by the Historic Preservation Commission; and, . WHEREAS, on March 9, 2016, the Historic Preservation Commission granted Conceptual Major Development, Special Review, Growth Management and View Plane approval by adopting Resolution #8, Series of 2016, by a 4 to 3 vote; and, WHEREAS, pursuant to Section 26.415.120.B and C of the Municipal Code, following ' tlid adoption of a resolution approving a Conceptual Developinent Plan, the HPC Was required to promptly notify the City Council of its action to allow the City Council ati opportunity to call-up the decision for additional discussion, Â·Notice to City Counciltook placc on April 11,2016 and a Call-zip meeting took place on April 25,2016, at which time City Council directed HPC, by a 3.1 vote to reconsider the placement of the above grade addition included in the liroject so that it is along the alley (Option A) rather than along Main Street (Option B.) Council also directed HPC to consider the elimination of a connector/enclosed hallway between the.addition and the church; and WHEREAS, during a duly noticed public hearing on June 8,201Â·6, the Historic Preservation Commission, by a 4 to 1 vote, revised the approval encompassed ih Resollftion #8, Series of2016, so as to require the above grade addition to be as represented in Option A. NOW, THEREFORE BE IT RESOLVED BY THE HISTORIC PRESERVATION COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: All provisions of Resolution #8, Series of 2016, remain in effect except that the approved design is Option A, as depicted in the March 9~h Historic Preservation Commission picket for 533 E. Main Street. The approved Option A does not project into the Courthouse Viewplanes. RECEPTION#: 631336, 08/11~2016 at 09;35:02 AM, 1 OF 2, R $16.00 Doc Code RESOLUTION . Historic Preservation Commission Janice K. Vos Caudill, Pitkin County, CO , Resolution #19, Series 20]6 Page 1 of2 FINAI,LY, adopted, passed.and approved this 8th day of June, 2016, Api,{'oved as to form: Approved as to content: /1 11 A 4/52,02> 1 Debbie Quinn, Assistant City Attorney G,Â·*hefi Green#Ro,Vice Chair Attest: f<114. fofk-j/2, #11 Kathy Strick]RMi, Deputy Clerk ' Historic Preservation Commission i Resolution #19, Series 20]6 Page 2 of 2 Attachment 10 SL PROPERTY LLC BORCHERTS ROBERT H REV TRUST BORCHERTS HOLDE H REV TRUST 2606 STATE ST 1555 WASHTENAW 1555 WASHTENAW DALLAS, TX 75204 ANN ARBOR, MI 48104 ANN ARBOR, MI 48104 LARSON MARIA M MARCHETTI FAMILY LLC GRIMES DAVID L PO BOX 8207 1526 FOREST DR 3510 BROMLEY WOODS LN ASPEN, CO 81612 GLENVIEW, IL 60025 GREENSBORO, NC 27410 RKJR PROPERTIES LTD LEBARRE FAM LLC SMITH JAMES F&N LINDSAY 5934 ROYAL LN #250 7518 MIDDLEWOOD ST 600 E MAIN ST #302 DALLAS, TX 75230 HOUSTON, TX 77063 ASPEN, CO 81611 KAHANEK FAMILY PARTNERSHIP LTD MAESTRANZI ALEXA LEE TRUST MANN KATHLEEN A REV TRUST 2727 ALLEN PKWY # 1500 1736 PARK RIDGE PT PO BOX 1455 HOUSTON, TX 77019 PARK RIDGE, IL 60068 CARBONDALE, CO 81623 VAN WALRAVEN EDWARD C REV TRUST COPPOCK RICHARD P SHERMAN CAPITAL COMPANY PO BOX 1455 600 E MAIN ST #407 5840 E JOSHUA TREE LN CARBONDALE, CO 81623 ASPEN, CO 81611 PARADISE VALLEY, AZ 85253 NR HOLDING CO LAMB DON REV TRUST GILKERSON LINDA REV TRUST 580 MALLORY WY 1449 E 56TH ST 1449 E 56TH ST CARSON CITY, NV 89701 CHICAGO, IL 60637 CHICAGO, IL 60637 HICKS GILBERT W & PATSY K ASPEN LEGACY LLC MARASCO FAMILY TRUST 3674 WOODLAWN TERRACE PL 17740 E HINSDALE AVE 653 261/2 RD HONOLULU, HI 96822 FOXFIELD, CO 80016 GRAND JUNCTION, CO 81506 MARASCO RAE O TRUST MARASCO EMILY A STARMER MARY JOSEPHINE 653 261/2 RD 21701 FLAMENCO 12738 W 84TH DR GRAND JUNCTION, CO 81506 MISSION VIEJO, CA 92692 ARVADA, CO 80001 MARASCO BERNARD R EMPHASYS SERVICES CO GENE MCCUTCHIN LTD 11 320 DAKOTA DR 1925 BRICKELL AVE BLDG D, PENTHSE 11 PO BOX 802043 GRAND JUNCTION, CO 81506 MIAMI, FL 33129 DALLAS, TX 753802043 KAPLAN & CO LLC MCGAFFEY FAMILY & CO NO C LLC 117 SOUTH SPRING STREET HOLDINGS LLC 300 S POINTE DR # 1105 2465 NOB HILL AVE NORTH PO BOX 81016 MIAMI BEACH, FL 33139 SEATTLE, WA 98109 SAN MARINO, CA 91118 SLS LLC MARSH HUGH THOMAS KATHRYN 117 S SPRING ST #202 631 E MAIN ST 631 E MAIN ST ASPEN, CO 81611 ASPEN , CO 81611 ASPEN, CO 81611 HOVERSTEN PHILIP & LOUISE HOLLAND AND HART CONCEPT 600 LLC 2990 BOOTH CREEK DR PO BOX 8749 5048 CAMINO DEL LAZO VAIL, CO 81657 DENVER, CO 80201 TUCSON, AZ 85750 BIG HOPKINS LLC MYSKO ASPEN HOLDINGS BRAND BUILDING LLC 421 N BEVERLY DR #300 615 E HOPKINS AVE 205 S GALENA ST BEVERLY HILLS, CA 90210 ASPEN, CO 81611 ASPEN, CO 81611 BLAU JEFF T HINDERSTEIN FAM REV TRUST BRAND 13 LLC 60 COLUMBUS CR 19TH FL 4415 HONEYMOON BAY RD 623 E HOPKINS AVE NEW YORK, NY 10023 GREENBANK, WA 98253 ASPEN, CO 81611 LEVY ASPEN RESIDENCE TRUST WALL JANET REV TRUST CITY OF ASPEN 5959 COLLINS AVE 205 S GALENA ST 130 S GALENA ST MIAMI BEACH, FL 33140 ASPEN, CO 81611 ASPEN, CO 81611 BASS CAHN 601 LLC HORSEFINS LLC STEWART TITLE CO PO BOX 4060 601 E HOPKINS AVE 1980 POST OAK BLVD STE 900 ASPEN, CO 81612 ASPEN, CO 81611 HOUSTON, TX 77056 KREVOY SUSANNE SEP PROP TRUST OSA TRUST CITY OF ASPEN PUBLIC FACILITIES AUTH 2311 LA MESA DR 2311 LA MESA DR 130 S GALENA ST SANTA MONICA, CA 90402 SANTA MONICA, CA 90402 ASPEN, CO 81611 ERNEMANN ANDREW & ASHLEY HENDERSON JAMES C KUCK KATHERINE M 39 POLECAT DR 4880 HARLEM RD 4880 HARLEM RD ASPEN, CO 81611 GALENA, OH 43021 GALENA, OH 43021 LESTER JIM BRYAN ROY MD PA PROFIT SHARING PLAN SMITH GARY W 395 SOUTH END AVE #29N 5836 LONG BRAKE TRAIL RD 800 W 5TH ST #606 NEWYORK, NY 10280 EDINA, MN 55439 AUSTIN, TX 78703 BOHNETT MARSHA ANN TRUST DANIELS SIMON B HENRY WILLIAM STONE REV TRUST 10780 NAVAJO WY 431 E HYMAN AVE 3382 TURNBURY DR OREGON CITY, OR 97045 ASPEN, CO 81611 RICHFIELD, OH 44286 STAPLE GREGORY C FAREY SIOBHAN C BROUGH STEVE & DEBORAH 7903 CURTIS ST 7903 CURTIS ST 599 TROUT LK DR CHEVY CHASE, MD 20815 CHEVY CHASE, MD 20815 SANGER, CA 93657 BULKELEY RICHARD C & JULIE J DORAN RALPH WTF LLC 600 E MAIN ST #401 2600 WOODWARD WAY 311 BOWIE ST #2107 ASPEN, CO 81611 ATLANTA, GA 30305 AUSTIN, TX 78703 KANDYCOMINC TROYER TROUSDALE TOWNHOMES CONDO ASPEN PLAZA LLC 766 SINGING WOOD DR COMMON AREA PO BOX 1709 ARCADIA, CA 91006 611 E HOPKINS AVE ASPEN, CO 81612 ASPEN, CO 81611 ROTHBLUM MARCIA QTIP MARITAL TRUST ROTHBLUM PHILIP ALH HOLDING CO 40 E 80TH ST #PH 26A 40 E 80TH ST #PH 26A 435 E MAIN ST NEW YORK, NY 10075 NEWYORK, NY 10075 ASPEN, CO 81611 CONCEPT 600 CONDO ASSOC 601 EAST HOPKINS CONDO ASSOC DML REALTY LLC 600 E MAIN ST COMMON AREA PO BOX 305 ASPEN, CO 81611 601 E HOPKINS AVE CHAVIES, KY 41727 ASPEN, CO 81611 DLH CAPITAL LLC RIO GRANDE PARTNERS 88 LLC VECTOR ENTERPRISES LLC 5956 SHERRY LN #1500 1008 E HOPKINS AVE 0490 ASPEN OAK DR DALLAS, TX 75225 ASPEN, CO 81611 ASPEN, CO 81611 PR ASPEN HOLDINGS LLC 214 WEST COOPER LLC HUTCHESON LAURA TRUST 3334 E COAST HWY #442 6 NE 63RD ST #220 98 SAN JACINTO BLVD # 1009 CORONA DEL MAR, CA 92625 OKLAHOMA CITY, OK 73105 AUSTIN, TX 78701 FESUS FAMILY TRUST WARK RICKEY E & CYNTHIA ANN HAUSER MARY JANE PO BOX 9197 45 N WILLOW CT 1540 BOHNS POINT RD ASPEN, CO 81612 ASPEN, CO 81611 WAYZATA, MN 55391 CALHOON THOMAS C WAGAR RICHARD H HUNTER & HOPKINS PROF BUILDING COND( 315 LAVACA ST PO BOX 9063 COMMON AREA AUSTIN, TX 787013036 ASPEN, CO 81612 600 E HOPKINS AVE ASPEN, CO 81611 ISIS THEATRE CONDO ASSOC ASPEN FILM ISIS GROUP COMMON AREA 110 E HALLAM ST #102 2301 N MERIDIAN AVE 406 E HOPKINS AVE ASPEN, CO 81611 MIAMI FL 33140 ASPEN, CO 81611 CONNER CABINS & LOFTS CONDO ASSOC 625 MAIN INVESTMENTS LLC CWAREI LLC COMMON AREA 407 S HUNTER ST #3 655 MADISON AVE 11 FLOOR 530 E HOPKINS AVE ASPEN, CO 81611 NEW YORK, NY 10075 ASPEN, CO 81611 TRACY KATHLEEN ROY ADAM C & SARAH G STUDIO SIX LLC 625 E MAIN ST #202 625 E MAIN ST #203 PO BOX DD ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 EMCAR LLC CAREM LLC 625 MAIN ASPEN LLC 655 MADISON AVE 11TH FL 655 MADISON AVE 11TH FL 420 E MAIN ST NEW YORK, NY 10065 NEWYORK, NY 10065 ASPEN, CO 81611 HOPKINS DEV LLC RUDIN MICHAEL & SABRINA SPRING BUILDING CONDO ASSOC 345 PARK AVE 33RD FLR 345 PARK AVE 632 E HOPKINS AVE NEWYORK, NY 10154 NEWYORK, NY 10154 ASPEN, CO 81611 HOPKINS BARN LLC HOPKINS CABIN LLC BAD LLC 623 E HOPKINS 623 E HOPKINS 35850 S WOODLAND RD ASPEN, CO 81611 ASPEN, CO 81611 CHAGRIN FALLS, OH 44022 ASPEN BLOCK 99 CONDO ASSOC MAIN STREET LANDLORD LLC 426 EAST MAIN LLC 532 E HOPKINS AVE 625 E HOPKINS 623 E HOPKINS AVE ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 M & G CONDO ASSOC 204 S GALENA ST LLC HUNTER SQUARE LLC 426 E MAIN ST 2001 N HALSTED #304 PO BOX 2 ASPEN, CO 81611 CHICAGO, IL 60614 SONOMA, CA 95476 JURINE LLC ASPEN FIRE PROTECTION DISTRICT ALPINE BANK ASPEN PO BOX 2 420 E HOPKINS AVE PO BOX 10000 SONOMA, CA 95476 ASPEN, CO 81611 GLENWOOD SPRINGS, CO 81602 PITKIN COUNTY PITKIN COUNTY CAPITAL LEASING CORP BANKERS MORTGAGE CORP 123 EMMA RD #204 530 E MAIN ST 1616 ORCHARD AVE BASALT, CO 81621 ASPEN, CO 81611 GRAND JUNCTION, CO 81501 CANTINA BUILDING LLC 517 EAST HOPKINS ASPEN LLC WILSON FAMILY TRUST PO BOX 1247 2001 N HALSTED #304 101 FOUNDERS PL #201 ASPEN, CO 81612 CHICAGO, IL 60614 ASPEN, CO 81611 ORR KEITH MURPHY GEORGE W OP LLC 4545 N STATE LINE PO BOX 4146 424 PARK CIR #6 TEXARKANA, TX 75503 ASPEN, CO 81612 ASPEN, CO 81611 BOSELY MARY ANNE REV TRUST OBP LLC G & G CORPORATE OFFICES LLC PO BOX 26 101 FOUNDERS PL#104 2520 S GRAND AV # 114 WOODY CREEK, CO 81656 ASPEN, CO 81611 GLENWOOD SPGS, CO 81601 NGS LLC CRUMMER KLEIN TITLE TRUST SINTA SCOTT 101 FOUNDERS PL#109 1305 N BEVERLY DR PO BOX 2872 ASPEN, CO 81611 BEVERLY HILLS, CA 90210 ASPEN, CO 81612 BALLINGER ELIZABETH F SEYFFERT STEVEN J HANDLEY DENNIS 102 FOUNDERS PL#102 102 FOUNDERS PL#201 102 FOUNDERS PL #202 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 KLEIN JAMES J & SALLIE R SMITH H W 111 HUNTERALEXANDER PO BOX 12022 PO BOX 10914 PO BOX 1638 ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81612 DONAHUE ELIZABETH GWM PROPERTIES LLC 311 ASPEN LLC 102 FOUNDERS PL #2302 PO BOX 4146 2317 PENNSYLVANIA AVE ASPEN, CO 81611 ASPEN, CO 81612 WILMINGTON, DE 19806 GOLDFEIN MICHAEL R TRUST GOLDFEIN PAMELA J TRUST BOMBA LAURIE A REV TRUST 1724 BRAESIDE LN 1724 BRAESIDE LN 5601 HIGH DR NORTHBROOK, IL 60062 NORTHBROOK, IL 60062 MISSION HILLS, KS 66208 WELSCH SUSAN F REVOC TRUST RAMOS WALTHER JR & MARJORIE R GALANTER YALE & ELYSE 101 N SPRING ST #201 133 TALL TREES DR 101 N SPRING ST #3301 ASPEN, CO 81611 BALA CYNWYD, PA 19004 ASPEN, CO 81611 ATWOOD STANFORD H & PAMELA S LVG TR MARTINEZ RITA PEARSON DOUG 16125 GREENWOOD LN 101 N SPRING ST #3104 101 N SPRING ST #3105 MONTE SERENO,CA 95030 ASPEN, CO 816111518 ASPEN, CO 816111518 DOCKEN ANDREW ARENELLA BETH & FRANK 111 SPRING STREET CONDO ASSOC 101 N SPRING ST #106 101 N SPRING ST #107 117 S SPRING ST #202 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 GODIVA HOLDINGS LLC 530 HOPKINS LLC MARIPOSA REAL ESTATE 11 LLC 435 E MAIN ST 5301/2 E HOPKINS 5200 BLUE LAGOON DR #855 ASPEN, CO 81611 ASPEN, CO 81611 MIAMI, FL 33126 AUSTIN LAWRENCE CONNER LLC CICUREL CARY LUCKYSTAR LLC 532 E HOPKINS AVE 2615 N LAKEWOOD PO BOX 7755 ASPEN, CO 81611 CHICAGO, IL 60614 ASPEN, CO 81612 SHAPIRO FREDERIC M & SUSAN SUMNER VERONICA GRAHAM NARELDA 101 N SPRING ST #3108 101 N SPRING ST #3109 101 N SPRING ST #203 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 SATTLER SANDRA A CURETJORDAN LAZAR FAMILY TRUST 101 N SPRING ST #3204 101 N SPRING ST #205 5342 ALDEA AVE ASPEN, CO 81611 ASPEN, CO 81611 ENCINO, CA 91316 BASSI PETER & BARBARA FAMILY TRUST COHEN NANCY C REV TRUST LEONARD FAMILY TRUST 18 CHANNEL VISTA 31275 NORTHWESTERN HWY #248 PO BOX 710 NEWPORT COAST, CA 92657 FARMINGTON HILLS, MI 48334 RANCHO SANTA FE, CA 92067 MOSCOE THOMAS D SMITH GAILEN B FAMILY TRUST OBERMEYER 204 LLC 445 GRAND BAY DR #607 625 E MAIN ST #102B 2727 ALLEN PKWY STE1400 KEY BISCAYNE, FL 33149 ASPEN, CO 81611 HOUSTON, TX 77019 PARDEE JAMES LEE 111 REV LIV TRST BIG BOY LLC LINDENAU SCOTT A REV TRUST PO BOX 4153 205 S MILL ST #301A 501 RIO GRANDE PL#104 ASPEN, CO 816124153 ASPEN, CO 81611 ASPEN, CO 81611 TGS LLC U N IT 109 OP LLC ANDERTON JAMES L PO BOX 1913 501 RIOGRANDE PL#107 100 OBERMEYER PLACE DR #4101 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 FELDMAN JONATHAN MILNESHEILA NGUYEN MICHAEL TAM 100 OBERMEYER PLACE DR #102 PO BOX 8286 430 E HYMAN AVE ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 DAO OANH KIM UNIT 106 OP LLC GRW RIO GRANDE PROPERTY LLC 430 E HYMAN AVE 205 S MILL ST #301A 11653 E BERRY AVE ASPEN, CO 81611 ASPEN, CO 816112497 ENGLEWOOD, CO 801114156 FORTIER TIMOTHY MAROLT ENTERPRISES LLC TSE HOLDINGS LLC 601 RIO GRANDE PL #102 PO BOX 8705 601 RIO GRANDE PL #120 ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 PAM LLC JOSA LLC LCC ASPEN HOLDINGS LLC PO BOX 4446 601 RIO GRANDE #110 PO BOX 1550 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81612 SCHENKELBERG LLC K & J ENTERPRISES LLC OBERMEYER PLACE RENTAL GRP LLC 140 VISTA GRANDE 601 RIO GRANDE PL #119A 115 AABC GRAND JUNCTION, CO 81507 ASPEN, CO 81611 ASPEN, CO 81611 DIXIE DOG VENTURES LLC FURTHUR CANCUN LLC LANE TAMMIE 1690 HOMESTAKE DR PO BOX 2199 601 RIO GRANDE PL #118 ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 BRUNSWOLD KIRK ARTIM LLC KIMPLE 2004 TRUST 601 RIO GRANDE PL#118 PO BOX 30106 Â· 3505 TURTLE CREEK BLVD #PH20A ASPEN, CO 81611 NEWYORK, NY 10011 DALLAS, TX 75219 OLITSKY TAMAR & STEPHEN CARVER RUTH A OBERMEYER PLACE CONDO PO BOX 514 116 S ASPEN ST COMMON AREA GWYNEDD VALLEY, PA 19437 ASPEN, CO 81611 210 N MILL ST #201 ASPEN, CO 81611 620 E HOPKINS CONDO ASSOC GALENA PLAZA CONDO ASSOC BRAND BUILDING CONDO ASSOC COMMON AREA 420 E MAIN ST 205 S GALENA ST 620 E HOPKINS AVE ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 Attachment 11 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Amy Simon DATE: 10.25.16 APPLICANT: 533 E. Main, St, Mary's Church REPRESENTATIVE: Charles Cunniffe Architects, Stan Clauson Associates REQUEST: Growth Management Review DESCRIPTION: St. Mary's church, a landmarked properly, is pursuing an interior remodel and an addition for special events and other church needs. HPC Conceptual approval, Special Review for parking, and Viewplane Exemption was granted on March 9,2016 through Resolution #8, Series of 2016. The location of the approved addition was adjusted through Resolution #19, Series Of 2016, passed on Jun 8, 2016 after City Council remanded the decision back to HPC for further evaluation= Two more land use review steps are required before the applicant can submit for a building permit; Council review of Growth Management, Essential Public Facility and HPC Final Major Development Review. Each of these must be submitted as a separate land use application. This pre-application summary will address Growth Management only. Some discussion of the potential employee generation of this project has already taken place. The HPC application included a representation by the applicant that no new employees will be generated. Comments from the Aspen Pitkin County Housing Authorily were provided as part of the Development Review Committee process prior to HPC. HPC provided a recommendation that an affordable housing alicia be conducted two years after the project receives a Certificate of Occupancy and that, if new employees were added, mitigation be required. Council is the decision making body on this topic. Civic uses are typically determined to be "Essential Public Facilities" and are provided with the opportunity for Council to "assess, waive or partially waive affordable housing mitigation requirements as is deemed appropriate and warranted for the purpose of promoting civic uses and in consideration of broader community goals. The employee generation rates may be used as a guideline, but each operation shall be analyzed for its unique employee needs, pursuant to Section 26.470.100, Calculations," Following is a list of Land Use Code Sections relevant to this review step, and a list of information that must be submitted to start the process. Land Use Code Section(s) 26,304 Common Development Review Procedures 26.470.050 Growth Management General Requirements 26.470.070.4 Affordable Housing 26.470.090 Growth Management, Essential Public Facilities 26,470.100 Growth Management Employee Generation (for EPF review only) Review by: Staff for completeness and recommendation Council for determination Public Hearing: Yes Planning Fees: $3,250 for 10 hours of staff time. Any unbilled portion of this deposit will be refunded at the conclusion of the case. Additional staff hours, if needed, will be billed at $325 per hour. Referrals: None. Please note that a flat fee for APCHA referral was billed at HPC Conceptual. Total Deposit: $3,250 To apply, first submit one printed copy of the following information: D Completed Land Use Application and signed fee agreement, O An 8 1/21'x 11"vicinity map locating the subject parcel within the City of Aspen. O Pre-application Conference Summary (this document). El 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 properly, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. El 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. D HOA Compliance form (Attached). O List of adjacent properly owners within 300' for public hearing. D Scaled drawings representing the HPC Conceptual approval. 0 A written description of the proposal and an explanation of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. El Existing and proposed floor area and net leasable calculations. U An analysis of existing and anticipated employee needs for review of employee generation. Once the copy is deemed cotnplete by staff, the following items will then need to be submitted: El Fee for review of application. O A complete copy of the application, including all items listed above, provided by email to the assigned planner in .pdf format, 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. 2 ECE/VED MAR O 1 2017 THE CITY OF ASPEN Land Use Application CAut.. -. CITY OF ASPEN Determination of Completeness -' 'lum I Y DEVEOP,ENT February 24,2017 DO(4 Â·20 f,7. Alul Dear City of Aspen Land Use Applicant, We have received your land use application for 533 E. Main Street, Growth Management and Vested Rights Extension, and reviewed it for completeness. Your Land Use Application is complete, however the application contains drawings which have not been approved by HPC and must be removed from the packet as they are not representative of the land use decisions to date, and design review is not a component of the GMQS and Vested Rights discussion. Please submit 1 hard copy of the packet, with the new drawings removed, one digital copy o f the same. and the review fee. Once these are received, a public hearing date will be scheduled. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2758 if you have any questions. Sincerely, Amy Simon, Historic Preservation Officer City o f Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New PD Yes No Subdivision, or PD (creating more than ] additional lot) GMQS Allotments Residential Affordable Housing Yes No Commercial E.P.F. 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