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Home My WebLink AboutLand Use Case.517 E Hopkins Ave.0020.2019.ASLUC i 0020.2019.ASLU 517 E HOPKINS AVE ~ APPROVAL DOCUMENTS 2737 073 40 003 1 - bcum 1 01 5 j I4 4 vt \Â·Guel P 1 .. ': 4~04~6 COMMUNITY 0,@/87 DEVELOPMENT CITY OF ASPEN CASE NUMBER 0020.2019.ASLU PROJECT 517 E HOPKINS AVE ADDRESS PARCELID 2737 073 40 003 PLANNER AMY SIMON CASE APPROVAL DOCUMENTS - MARK HUNT DESCRIPTION REPRESENTATIVE CHRIS BENDON DATE OF FINAL 03/15/2019 ACTION CLOSED BY RENEE ESPINOZA 4/12/2019 Â¤ Permits 2737 07* 4-0 00 3 002.1 2029. Ascii m x lempr eâ„¢360=.5 i ~ile . Edit Record Navigate Fnrm Reports Format Iab Help t. 6*@0<B e>@ *Ih LE*23 060-1 i ]1 4 B *1 E~*19k Jumpl ttl~ i.le, 1 Mainl Custom Fields | Routing Status | Fee Summart I Actions | Routing History ~ a*** ' . I ,/2 |-I/'ll'ill/All'illiwill// Permit type laslu . Aspen Land Use Permit # 0020.2019.ASLU 0E ~t Address 517 E HOPKINSAVE ~Â·Â· - Apt/Suite . City ASPEN State CO 1 .1 Zip 81611 b Â·t~ -*26+: ~ Permit Information .~ a 13*F j Master permit Â·Â·Â· Routjng queue aslul 5 Applied 03/07.22019 ~ mr ~~~3~~ Project 1Â·Â·Â· Status pending Approved 17 1 & Z Â¥ 11 2 Â¥ ,', 2 9 Descripbon APPLIC.ATION FORAPPROVAL DOCUMENTS -MARK HUNT Issuec i *- (: 11 . 1 I PID 2737 073 40 003 14 11, Closed/Final 111:,1, Submitted BENDONADAMS 925 2855 Clock Running Days ~-0~ Expire- 03/01/2020 1 v Submitted via I Â¥ Owner Last name HUNT 1... First name MARK 2001 N HALSTEAD ST 304 Phone (312} 850-2680 Address CHIC.AGO IL 60614 Applicant 41 Owner is applicant? m Contractor is applicant? Last name HUNT First name MARK 2001 N HALSTEAD ST 304 Phone (312) 850-2680 Cust # 30371 b Â· Â· Address CHICAGO IL 60â‚¬14 Email Lender , Last name 'Â·Â·Â· First name Phone (} - Address Enter the Dermit tuoe code - IIAsoenGold5 fserverl IlancelaC|lll of 1 4 4-1 F.DO 4.-p # 4629 No I MoinG' 1 xoq'00111 sdnoi~ qell 1 ili ll I li l i i l l f il i I l .l li l l i I li i I l i i l l i li li i l l i ll li li ll 1 1 l i l i l l li l ill RECEPTION#~4590, R: $128.00, D: $0.00 DOC CODE: AGREEMENT ,054910 Pg 1 of 24, 03/15/2019 at 12:35:01 PM Janice K. Vos Caudill, Pitkin County, CO REDEVELOPMENT AGREEMENT FOR 517 E HOPKINS AVENUE COMMERCIAL PROJECT THIS REDEVELOPMENT AGREEMENT (hereinafter the "Agreement") is made and entered into this &4.10" day of MottÂ·(4 , 2019, by and between THE CITY OF ASPEN, COLORADO, a municipal corporation (hereinafter referred to as "City"), and 517 EAST HOPKINS ASPEN, LLC, a Colorado limited liability company (hereinafter referred to as "Owner") regarding certain real property owned by Owner commonly known as 517 East Hopkins Avenue, and legally described as Lots D, E, and F, Block 94, City and Townsite of Aspen, Pitkin County, Colorado (hereinafter referred to as "Property"). WITNESSETH: WHEREAS, Owner submitted to the City for approval a planning application to demolish and replace an existing commercial and affordable housing building on the Property with a new commercial project known as the 517 East Hopkins Avenue Project; and, WHEREAS, the Property currently contains four studio apartments deed restricted to Category 1 rental restrictions ofthe Aspen/Pitkin County Housing Authority and the 517 East Hopkins Avenue Project was required to comply with, among other requirements, Section 26.470.100.E - Demolition or Redevelopment of Multi-Family Housing ("Replacement Requirements") of the City of Aspen Land Use Code; and, WHEREAS, the 517 East Hopkins Avenue Project received final approval from the City on December 12, 2018, via City of Aspen Historic Preservation Commission ("HPC") Resolution No. 19, Series of 2018 ("Resolution 19"), recorded on January 14, 2019, by the Pitkin County, Colorado Clerk and Recorder at reception number 653319; and, WHEREAS~ Section 3 of HPC Resolution 19, Series of 2018 required the establishmentfof a Redevelopment Agreement ("Agreement") between Owner and City that is to be reÂ¢orded before an application for a demolition permit may be accepted by the City; and, WHEREAS, Section 11 of HPC Resolution 19, Series of 2018 outlined certain material representations and commitments made by the Owner regarding the use of the second floor net leasable space by a co-work space; and, WHEREAS, Owner submitted to City for execution and recordation, this Agreement in compliance with the conditions of approval listed in HPC Resolution 19, Series of 2018; and, WHEREAS, City has fully considered this Agreement and the requirements set forth in LIPC Resolution 19, Series of 2018; and, 517 E Hopkins Avenue Redevelopment Agreement Page 1 .. WHEREAS, City has imposed certain conditions and requirements in connection with its acceptance of the 517 East Hopkins Avenue Project and the execution and recordation of this Agreement, such matters being necessary to protect, promote and enhance the public welfare, health, and safety; and, WHEREAS, Owner is willing to acknowledge, accept, abide by, and faithfully perform the conditions and requirements imposed by City in approving the 517 East Hopkins Avenue Project as set forth in this Agreement; and, NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the approval, execution and acceptance of this Agreement for recordation by City, and for other good and valuable considerations, the receipt and sufficiency ofwhich are hereby acknowledged, the parties agree as follows: ARTICLE I PURPOSE AND EFFECT OF REDEVELOPMENT AGREEMENT A. Purpose. The purpose of this Agreement is to set forth the complete and comprehensive understanding and agreement between Owner and City with the respect to the nature of the 517 E Hopkins Avenue Project, the use of Certificates of Affordable Housing Credit, and the representations made regarding use of second floor space as co-work space. B. Effect. In the event of any inconsistencies between the provisions of LIPC Resolution 19, Series of2018 and this Agreement, the provisions of HPC Resolution 19, Series of 2018, as may be duly modified, shall control. ARTICLE II DEVELOPMENT ALLOWANCES, REQUIREMENTS, AND RESTRICTIONS A. Proiect Description The 517 East Ilopkins Avenue Project consists of a complete demolition of the existing building on the Property and development of a commercial building as more specifically described and depicted in HPC Resolution 19, Series of 2018, including plans and diagrams attached thereto; the official record of proceedings associated with HPC Resolution 19, Series of 2018, including representation by the Owner regarding a co-work space to occupy the entire net leasable area of the second floor; and, as the project may be modified through the development and approval process with the City. B. Replacement of Existing Residences In adopting HPC Resolution 19, Series of 2018, the City of Aspen Historic Preservation Commission determined that the 517 East Hopkins Avenue Project met the Replacement Requirements by a finding that replacement with residences on-site would be inappropriate 517 E Hopkins Avenue Redevelopment Agreement Page 2 .. due to the Property's physical constraints and a finding that the submission and extinguishment of City of Aspen Affordable Housing Credits equivalent to five FTEs at Category 1 is an acceptable method of replacement. The four Category 1 studio apartments currently situated on the Property may be demolished upon submission by the Owner and extinguishment by the City of Certificates of Affordable Housing Credit in the amount of five Category 1 FTEs and receipt of a building permit to undertake demolition. C. Mitigation for New Net Leasable Commercial Area In adopting HPC Resolution 19, Series of 2018, the City of Aspen Historic Preservation Commission determined that the 517 East Hopkins Avenue Project must provide affordable housing mitigation commensurate with the increase in commercial net leasable area, an expansion of approximately 4,471 square feet, throughthe extinguishment ofCity ofAspen Affordable Ilousing Credits equivalent to 10.81 FTEs at Category 4. The calculation method is as follows and any changes in the project's square footages during the building permit review through the period of vested rights shall cause a recalculation based on this method: Existing: The existing building contains 12,756 square feei of net leasable area for a credit of 49.95 FTEs, calculated as follows: Lower Level: 5,490 sf nia (@3.53/1,000) = 19.38 FTEs Main Level: 4,207 sf nia (@4.7/1,000) = 19.77 FTEs / Second Level: 3,059 sf nia (@3.53/1,000) = 10.80 FTEs 49.95 FTEs Proposed: The proposed building contains 17,236 square feet of net leasable area for a total generation of 67.96 FTEs, calculated as follows: Lower Level: 5,806 sf nia (@3.53/1,000) = 20.50 FTEs Main Level: 6,099 dfnia (@4.7/1,000) = 28.67 FTEs Second Level: 5,322 sf nia (@3.53/1,000) = 18.79 FTEs 67.96 FTEs Net increase in FTEs: 18.01 Mitigation Percentage Requirement: 60% Required Mitigation: 10.81 FTEs D. Submission and Acceptance of Credits Owner shall supply and City shall accept for extinguishment the appropriate number and type of Certificates of Affordable Housing Credit, as described above, prior to and as a condition of issuance of a building permit for the development of the 517 East Hopkins Avenue Project. 517 E Hopkins Avenue Redevelopment Agreement Page 3 .. E. Release of Deed Restriction Upon extinguishment ofthe Certificates of Affordable Housing Credit, as described above, the City shall file a release of deed restriction associated with the four existing affordable housing units recorded on April 9, 1984, in Book 464 at Page 319. F. Proiect Phasing The project was not proposed for phasing during the HPC process, however, upon additional review and analysis by Owner, a certain level of phasing is contemplated. The project does not qualify for a standard Phased Permit, but staging of certain work can occur, pursuant to other City policies. Given the representations made at the HPC Review, and incorporated in Section 11 of HPC Resolution 19, Series of 2018, the project can apply for initial Core and Shell work prior to application for Tenant Finish work. The second floor co-work space shall receive a Certificate of Occupancy / Letter of Completion prior to or simultaneously with the Certificate of Occupancy / Letter of Completion for the basement and first floor spaces. ARTICLE III GENERAL PROVISIONS 1. The provisions hereof shall be binding upon and inure to the benefit of Owner and City and their respective successors and assigns. 2. This Agreement shall be subject to and construed in accordance with the laws of the State of Colorado. 3. If any of the provisions of this Agreement or any paragraph, sentence, clause, phrase, word, or section or the application thereof in any circumstance is invalidated, such invalidity shall not affect the validity of the remainder of this Agreement, and the application of any such provision, paragraph, sentence, clause, phrase, word, or section in any other circumstances shall not be affected thereby. 4. In the event of any conflict between LIPC Resolution 19, Series of 2018 and this Agreement, the terms and provisions of HPC Resolution 19, Series of 2018, as may be duly modified, shall govern and control, unless otherwise expressly agreed to by both parties. 5. This Agreement together with the provisions of HPC Resolution 19, Series of 2018 contains the entire understanding between the parties hereto with respect to the transactions contemplated herein, and except as otherwise specifically provided herein, may be altered or amended from time to time only by written instruments executed by all parties hereto that are affected by the proposed amendment. 6. Numerical and title headings contained in this Agreement are for convenience only, and shall not be deemed determinative of the substance contained herein. As used herein, where the context requires, the use of the singular shall include the plural and the use o f any gender shall include all genders. 517 E Hopkins Avenue Redevelopment Agreement Page 4 .. 7. Notices to be given to the parties to this Agreement shall be considered to be given if hand-delivered, if deposited in the United States Mail to the parties by registered or certified mail, or if sent by nationally recognized overnight courier, at the addresses indicated below, and shall also be given by email the same day, or such other addresses as may be substituted upon written notice by the parties or their successors or assigns: To City: Steven Skadron James R. True Mayor City Attorney City of Aspen City o f Aspen 130 So. Galena St. 130 So. Galena St. Aspen, CO 81611 Aspen, CO 81611 steven.skadron@citvofaspen.com lim.true@citvofaspen.com To Owner: 517 E Hopkins Aspen LLC 2001 N Halsted Street, Suite 304 Chicago, IL 60614 Attn: Mark Hunt mhunt@mdevco.com 8. This Agreement may be executed in counterparts, in which case all such counterparts together shall constitute one and the same instrument, which is binding on all of the parties thereto, notwithstanding that all of the parties are not signatory to the original or the same counterpart. Facsimile or electronic signatures shall be treated as original signatures hereon. 9. The terms, conditions, provisions and obligations herein contained shall be deemed covenants that run with and burden the real property more particularly described herein and any and all owners thereof or interests therein, their respective successors, grantees or assigns, and further shall inure to the benefit of and be specifically enforceable by or against the parties hereto, their respective successors, grantees or assigns. 10. This Agreement shall be recorded in the records of the Pitkin County Clerk and Recorder, before an application for a demolition permit may be accepted by the City. Iremainder of page intentionally blankl 517 E Hopkins Avenue Redevelopment Agreement Page 5 .. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. City: City o f Aspen A Municipal Corppration , By: Steven Skadron, Mayor APPROVED AS TO FORM: ~ 2521 -2---L_ ~,MAes R. True, City Attorney STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) 000*ing instrument was acknowledged before me this lz2._-day of 2019, by Steven Skadron as Mayor of the City of Aspen, a Municipal Corporation. Witness my hand and official seal. My commission expires: 19/0/1. *,_44*Wy Notary Public NICOLE ELIZABETH HENNING NOTARY PUBLIC Â· STATE OF COLORADO Notary Identification #20154012950 My Commission Expires 3/31/2019 517 E Hopkins Avenue Redevelopment Agreement Page 6 .. OWNER: 517 East Hopkins Aspen, LLC By: 517 East Hopkins Aspen Manager,~4.- Its: Manager Mark Hu#trPresident STATE OF COLORADO ) ) SS. COUNTY OF 21#+ Id, f, ) , .th The foregoing instrument was acknowledged before me this I 4 day of 11\A 42<, A , 2019, by Mark Hunt as President of 517 East Hopkins Manager, Inc., Manager of 517 East Hopkins Aspen, LLC. Witness my hand and official seal. My commission expires: 7~t ~Z,014 LA t~ul Notary Public SUSAN L. KNABLE NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19974000656 MY COMMISSION EXPIRES 07/01/2019 EXHIBIT LIST A - City of Aspen Historic Preservation Commission Resolution No. 19, Series of 2018 517 E Hopkins Avenue Redevelopment Agreement Page 7 I IlllII Illl11IlllII]~Illl lilli lilli lili Il I Ill 11Ill11Ill lilli Ill11ll Il lili RECEPTION#: 653319, R: $93.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 17,01/14/2019 at 03:03:56 PM Janice K. Vos Caudill, Pitkin County, CO RESOLUTION #19 (SERIES OF 2018) A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION GRANTING APPROVAL FOR A SUBSTANTIAL AMENDMENT TO FINAL MAJOR DEVELOPMENT, FINAL COMMERCIAL DESIGN REVIEW, AND GROWTH MANAGEMENT DEVELOPMENT ORDER FOR 517 E HOPKINS AVENUE, LOTS D, E, AND F, BLOCK 94, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO Parce| ID: 2737-073-40-003 WHEREAS, on September 21, 2015 the Community Development Department received an application from 517 E. Hopkins Aspen, LLC (Applicant), for the following land use approvals related to the demolition and replacement of the existing building at 517 E. Hopkins Avenue, Lots D, E, And F, Block 94, City and Townsite of Aspen, Pitkin County, Colorado: â€¢ Conceptual Commercial Design, pursuant to Aspen Municipal Code Chapter 26.412; â€¢ Conceptual Major Development, pursuant to Aspen Municipal Code Chapter 26.415; â€¢ Mountain View Plane Exemption, pursuant to Aspen Municipal Code Chapter 26.435; and WHEREAS, Conceptual approval was granted by the Historic Preservation Commission on December 9, 2015; and WHEREAS, on May 8,2016, the Community Development Department received an application from 517 E. Hopkins Aspen, LLC for the following land use approvals: â€¢ Final Commercial Design, pursuant to Aspen Municipal Code Chapter 26.412; â€¢ Final Major Development, pursuant to Aspen Municipal Code Chapter 26.415; â€¢ Growth Management Review, pursuant to Aspen Municipal Code Chapter 26.470; â€¢ Certificates of Affordable Housing Credit, pursuant to Aspen Municipal Code Chapter 26.540, and; WHEREAS, Final approval was granted by the Historic Preservation Commission on September 14, 2016. A Development Order was issued by the Community Development Director and remains in effect until September 23, 2019; and WHEREAS, all previous code citation references are to the Aspen Municipal Code in effect on the day of initial application - September 21, 2015, as applicable to this Project; and, WHEREAS, on October 11, 2018, the Community Development Department received an application from 517 E. Hopkins Aspen, LLC, for the following land use approvals to modify the approved building program and design: Historic Preservation Commission Resolution # 19, Series 2018 Page 1 of 6 .. â€¢ Substantial Amendment, Major Development Review, pursuant to Aspen Municipal Code Chapter 26.415; â€¢ Substantial Amendment, Commercial Design Review, pursuant to Aspen Municipal Code Chapter 26.410; â€¢ Amendment to a Growth Management Development Order, pursuant to Aspen Municipal Code Chapter 26.475; and WHEREAS, the Community Development Director determined the application to be eligible for review as Minor Amendment pursuant to current Aspen Municipal Code Section 26.304.070.A.1, under which a project within the period of pendency may propose a Minor Amendment and be reviewed under the original land use code in effect during the initial approval for the site specific development plan; and WHEREAS, pursuant to Aspen Municipal Code Chapter 26.304, Common Development Review Procedures, and Section 26.304.060.8.1, Modification of Review Procedures, all 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, in preparing a recommendation to the Historic Preservation Commission, the Community Development Department received updated referral comments from City Engineering, Environmental Health, Public Works Department, and APCHA; and, WHEREAS, the Aspen Community Development Department reviewed the proposed Application and recommended approval with conditions; and, WHEREAS, the Historic Preservation Commission reviewed the Application at a duly noticed public hearing on December 12, 2018, during which 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 December 12, 2018, the Historic Preservation Commission approved Resolution #19, Series of 2018, by a 7 to O vote granting approvals for Substantial Amendment to Final Major Development, Final Commercial Design Review, and Growth Management Development Order with the conditions of approval listed hereinafter, including all relevant conditions contained within the vested approval granted to this project through Resolution #28, Series of 2016. Historic Preservation Commission Resolution #19, Series 2018 Page 2 of 6 .. NOW, THEREFORE BE IT RESOLVED BY THE HISTORIC PRESERVATION COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section.1: Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Historic Preservation Commission hereby grants Substantial Amendment to Final Major Development, Final Commercial Design Review, and Amendment to a Growth Management Development Order for the final design as depicted on Exhibit A attached and as represented through the approval process and subject to the conditions of approval as listed herein, including: 1. Restudy the center module of the north fagade to reduce the scale of the glazing wall in conformance with the design guidelines, for review and approval by staff and monitor. 2. Final materials for the proposed on-site and off-site public amenity spaces shall be approved by staff and monitor. 3. An internal connection between the second floor of 517 E. Hopkins and the second floor of 204 S. Galena is permitted if allowed by Building Code. Section 2: Growth Management Allotment and Reconstruction Credit The existing development provides 12,756 square feet of net leasable area and may be credited toward the proposed development. Any reconstruction credit shall be valid for one (1) year following issuance of a demolition permit, pursuant to Chapter 26.470.130. Existing and proposed net leasable calculations shall be verified by the Zoning Officer at time of building permit review. Section 3: Employee Generation and Mitigation The Historic Preservation Commission has determined that on-site replacement of the existing affordable housing is inappropriate due to the site's physical constraints, and the units may be replaced through credits equivalent to 5 FTEs at Category 1. The applicant must mitigate any new net leasable space created above and beyond the reconstruction credit noted in Section 2 through affordable housing credits at Category 4, provided before issuance of the building permit for the project. A redevelopment agreement, per Section 26.470.070.5.6 of the Municipal Code shall be recorded before an application for a demolition permit may be accepted by the City. The approximate increase in net leasable area represented by this approval is 4,471 square feet. Section 4: Public Amenity The project has a 900 sq. ft. (10%) public amenity requirement. A portion of the required Public Amenity (285 sq. ft. or 3.2%) wi|| be provided onsite, located in front of the entrance to the upper and lower levels. The remaining Publig Amenity requirement will be mitigated through off-site improvements to the adjacent right-of-way, to be approved by the Parks and Engineering Departments, staff and monitor. The final calculation of existing and proposed Historic Preservation Commission Resolution #19, Series 2018 Page 3 of 6 .. Public Amenity shall be verified by the Zoning Officer at the time of building permit review, in accordance with the Land Use Code. Section 5: Utility, delivery and trash service provision A 300 square foot trash and recycling area, as depicted in the land use application, is approved, pending final review by the Environmental Health Department. A transformer, meeting the requirements of the Public Works Department, shall be provided on the site. The applicant shall revise the p|ans to ensure that all tenants have access to deliveries as described at Section 26.412.060.8.8 of the Municipal Code. Section 6: Parking The property currently has no on-site parking spaces, and demolition and replacement of the existing building allows for an equal area of the new building to be exempt from parking requirements up to 12.76 parking spaces. The parking required by the building expansion shall be verified with the Zoning Officer at time of building permit and will require a cash-in-lieu fee, at a rate $30,000 per space. Section 7: TIA As noted in Sections 2 and 6, above, a credit of 12,756 square feet of net leasable space will be applied to this project, and no parking or TIA mitigation is required for that area. The applicant has provided a pre|iminary proposa| to mitigate 20 new trips through a variety of actions. Final calculation of trip mitigation will be based on the new net leasable space created on the site as verified by the Zoning Officer at the time of building permit review. The Engineering Department will work with the applicant to finalize the TIA ensuring that all proposed TIA measures are appropriate and applicable to the project and that any unmitigated trips will be addressed through a cash in lieu payment. Sectio_18:_ Parks Silva cells with tree plantings are required. City Forester will determine species and spacing. Irrigation is required. Electric outlets/stanchions shall not interfere with long term growth of trees. Water line shall run midway between trees to minimize future impacts. Section 9: AC5D A potential location for a grease trap (subgrade) shall be included in the building permit application to allow flexibility for future conversion of the commercial/retail spaces to restaurant. Old service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements. One tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single service line. Historic Preservation Commission Resolution #19, Series 2018 Page 4 of 6 .. Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. Glycol heating and snow melt systems must be designed to prohibit and discharge of glycol to any portion of the public and private sanitary sewer system. The glycol storage areas must have appioved containment facilities. Soil Nails are not allowed in the public ROW above ASCD main sewer lines and within 3 feet vertically below an ACSD main sewer line. Section 191 Vested Rights This approval shall not extend the Vested Rights provided to this development through a Development Order issued by the Community Development Director on September 22, 2016 and expiring on September 22, 2019. Section 11: 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 Commissionareherebyincorporated in such plandevelopmentapprovalsandthe same shall be complied with as if fully set forth herein, unless arnended by other specific conditions or an authorized authority. This includes the representation that co-work space will occupy all of the second floor net leasable space at 517 E. Hopkins and may not be replaced with another use without approval by HPC. Section 12: 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 undersuch prior ordinances. Section 13: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional iii 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. Historic Preservation Commission Resolution #19, Series 2018 Page 5 of 6 .. APPROVED BY THE COMMISSION at its regular meeting on the 12th day of December, 2018. Approved as to form: Approved as to content: /1 27-4- 05:ID /-~--Â«= ~,/'james R. True, City Attorney GE~n Gree , Chair V Attest: 910 /7. Nicole Henning, Deputy City Clerk Attachments: Exhibit A: Approved final elevations and floor plans Historic Preservation Commission Resolution #19, Series 2018 Page 6 of 6 modif. 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J 1- - 4.r .... 1 1 - 1 - EXU~LE DEMEÂ»OPLUA 081511Â£ EETMEN C///j/<14- /0Â£FS To f [â‚¬10*IED- CINER FROI YM? TO TDI? 11~SEÂ·ON Trw* â€¢Â«IDS ..OPOSED ~OU. FLOO~ M.~ e APPROVED 15 0 A-110A 5// â€ž. IA./ luc J 4 i.,J:. NY-Id 80013 ONAOUD u F) 41 111 .Â·- i '3AV SNI>ldOH 3 LM CORE & SHELL 00 NEdSY modif COMMERCIAL aich,IeC[u'e riul 11* 0 92 0 at \ 1 u3 4 I 1------------.7- I I - / - 1 - 2UL c Câ€¢e,10,80â€¢--- - 12 ' i'/POS-ESTIEEWTOR .. j - CCÂ».CT,2,4 .)011,0.'.1 4 I I / 01 1 92 - 48 i.,---f~I I3-Fir-;â€ž*-1 lai , t~+ frt: 0 -1-T- u . i k n. 1 1 1 '.1 1 1 = W W .r 14441.1--Eliz 8 2 U. 22-6=~.ltl HLE==2==E=:a, ~ Lu 1 1 C.0 Â® 1/â€¢coe..- 0 e 11.1 2 r 1 2 APPROVED 6 6 #iI A-120A 9- 3AV SNINdOH C 1 1 /1 \9 / ~zzxzz=r~Â·,7- \1 / \ 1 / . 'une; f M ........-- ........ ----1. ... \ 1 // ir VAL r/l 4/1, 3 --------r / 1 e < PROPOSED ROOF PLAN ///' . .......Ims.- Mâ‚¬ucl,U~I 517 E. HOPKINS AVE. 4 .. CORE & SHE1 ASPEN. CO .... { 03/10#ddV ~ VOCI-V madlf; ...... -a19~At %./ af~,-Â·-I /4 4. L .. .....1 ../ -- ...1, f.....10. ... 1%.01,1~â€ž- TO*tEVATOR modi[ h Uper 11 P.RAP[ 1 " I f r h 1 1 r r 1 I i Â¢â€¢ > NET b. 4 =0= 4 ' It , To ...a. b 11, _f . : . Al Crâ€¢Â«:Fi rr,12 â€¢... .. 8,0. L:tr _. â€¢ 00 UNm ~ , 1 .r â€¢ i . 1. AC I L. - =Flri-_i~-~Jink ' r.4 FLOOR 110~â„¢ELEVAâ„¢Â»0 A.-OVE' I roncv.ion ... ... 18'WT I 31Â·.0 I -Er, 4 1 1 , PARAPET I IÂ·/ ' - .0-Il.1 . ... f.-' 11 1;-1 -~~~~ 171-71. ... 1- . ..2 42 .... 7 - .COND.OOR I "4â€¢ 1 ' ler. r. I RAM Â»*J -ARA~ 1 I 5 > - Ill t . 1. UJ 4 -- E 1 1 1 11'M * -- /1. 5 Z i, ./ I -- 421 1 I IMRS APPROVED A-220 S.... I '......:... I .IDC. 3AV SNI>ldOH *3 09 11 4 --I.....I -/ A.1 0*.1 41, .,-'....1 U. A.-,Ie~-1...Â¢---..I I. G. 1--t- *,9-/W-U-AmaW-1 Inn - erm" 0*â€¢ri... ... ...4.-:* r- 9;, â€¢1,4,:. 7/0 [1-EVATC~ mod i f 9..FT . 11Â·Â·tr I 1 11 - UPPER PAIUPET af'hiler'ulâ€¢ ....al.' . 0 8 ... To ./* SECO'Â® FLOM . ..r - 00 Lâ€¢IT[l I ..,13/4 . ./'. 1 W m i~ r-1 ,~~ ILI'e~,7.44 Y i D TIO ELEVATOR ...jo --- 4'29-G W 1 -1 :2 28 PARAPET,H.P.) M 2 35. ... J , PARAPE. .. [17-4 2/Â·cr 1 RE~ ~Mv#,d!.PE. E-3 - _ _I .... DIllE..Â£ i.eOULAR BRIC. - - - 7.1,-T< , 80. LINTE' M 7 - NEW TRANSFORMEN . ON SITE X 3-1 ,--CiEIZ] 1-1 .B- 1 -- - 1.-8,TmÂ·-G r-7 OFFED AN FLI SPACE i = I APPROVED A-220 tâ€¢e., 2 2 . .1 . :. NOI.LVA313 1SV3 ...004 1 F ~I 1â€¢1-~....=10~>~-,0=R ... nm722'EK,1/2.-./.:- ..11,11 .t...â€¢ m.".6.11 -'.-â‚¬DC'-In.. modif Ton,VAron wrg ./ a,chi,ectu,i - UPPER â€¢ARAPET I 2, I â€¢ EECO,C) FLOOR . i. e -â€¢ 110â€¢11[ILI/TEL / liliÂ· I ' 71 11 B 1-1 ,, - , ~OUâ„¢elfÂ¥/Tr-Â·A~Il.... i MECH SCREEN , Tto ELEVATOR , PARAPET{H # . 2..... --9%4 28 MOOULAR OAKCK .. Â® 5%1 gil lgi 5% ggi 5% 551 - Ralllâ€¢10 -RAPE T . K SE Lli U 0 5 - ..., - M 5%15%%25#F --- 0.0.-AUEKLINIEL â€¢ l'. -Bu*.. ..r -" a I J W 1 1 I ". 1 7- 8 10.1.'41 N. 790 65 L ALUINUM AND GLASS / .SU..0/ NEW TRANSFORMER/ WINDOWSÂ¥STEM SECT1O44 DOOR ONSITE i 9 i APPROVED A-230 ..... - aus# . .IIi 1~ ~00~ ll' t 2- ... Wmmi-%-% Bl,1, .iwir------~w~-4,~22,huÂ·,Ck- Pn. ...,Â·41'*â€¢ ..9 modif , , 'Pr//ARApâ‚¬T I PARAM , I arrhilfâ€¢rturf J-4------. I . 7/.O- I A SECO. FLOOR $ '80 ...................... F,FlÂ»â€¢ A"â€¢0â€¢10 1, C . h n " .go, I~~ETSâ€¢; $ 1 ,- a PAW; f F n r-1, ~ ~ 28 /- -em R.U,1.Mr:// 8 Z UJ SECOâ€¢40/00â€¢ . 9 0 L. % 11 UJ I' 36 . i *-rl.Â·â€¢... -â‚¬Â»0-0 I ? APPROVED A-240 9- . 'i K 3 - 1- , ..0, i. 4 ..fl k CD Â¥ la Exhibit 2 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT LAND USE APPLICATION 3020 - 2-0 ict . ASLU 517 e. Hopkins Avenue Project Name and Address: PiÂ¢re. 2737-073-40-003 Â« Ty, 42 j %/For Parcel ID # (REQUIRED) MAR 4 RECD ' ..f 0/ Tv APPLICANT: 30Uki ktÂ·k L t '.. , "EVE' 1 - Name: 517 East Hopkins LLC 2001 No. Halsted Ave. Suite 304; Chicago, IL 60614 Address: 312-850-1680 Phone #: email: mhunt@mdevco.com REPRESENTIVATIVE: Name: BendonAdams 300 So. Spring St #202 Address: 925-2855 Phone#: email: Chris@BendonAdams.com Description: Existing and Proposed Conditions Development documents for an approved project RECEIVED MAR 4 REC'D CITY OF ASPEN COMMUNITY DEVELOPMENT Review: Administrative or Board Review Required Land Use Review(s): Development Docs Growth Management Quota System (GMQS) required fields: Net Leasable square footage na Lodge Pillows na Free Market dwelling units na Affordable Housing dwelling units na Essential Public Facility square footage na Have you included the following? FEES DUE: $ 975 Pre-Application Conference Summary ~ Signed Fee Agreement HOA Compliance form All items listed in checklist on PreApplication Conference Summary November 2017 Citv of Asoen I 130 S. Galena St. I (970) 920 5090 .. 00 20 ' 2-0 Â£ 9. A- St--l/| exhibit 6 - 12~= - 7 1 11 --11 .1-1 11-111-1 - +2~- %4 Agreement to Pay Application Fees â‚¬0 An agreement between the City of Aspen ("City") and 517 East Hopkins Avenue Please type or print in all caps 0.0.#4, Address of Property: 49, 517 East Hopkins Aspen, LLC, a Colorado Property Owner Name: limited liability company. Representative Name (if different from Property Owner) BencionAdarns Billing Name and Address - Send Bills to: 2001 North Halsted Road #304; Chicago, IL 60614 mhunt@mdevco.com (312) 479-2050 Contact info for billing: e-mail: Phone: I understand that the City has adopted, via Ordinance No. 30, Series of 2017, review fees for Land Use applications and payment of these fees is a condition precedent to determining application completeness. 1 understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $. flat fee for . $. flat fee for $. flat fee for . $. flat fee for For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent ortotal costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. Ihave read, understood, and agree to the Land Use Review Fee Policy including consequences for no-payment. I agree to pay the following initial deposit amounts forthe specified hours of staff time, I understand that payment of a deposit does not render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, 1 agree to pay additional monthly billings to the City to reimburse the City forthe processing of my application atthe hourly rates hereinafter stated. 975 3 $ deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ deposit for hours of Engineering Department staff{Ge. Addition~[ time above the deposit amount will be billed at $325.00 per hour. City of Aspen: Signature~~ .,0,--114-- - Jessica Garrow, AICP PRINT Name: Mark Hunt, Manager, 517 East Hopkins Community Development Director Aspen, LLC, a Colorado limited liability City Use: company Title: Fees Due: $ Received $ Case # November 201*%&*4**12]Ei~22*Ii**T~f Asben l 130 S. Galena St. I (970) 920 5090 RECEIVED ~ 4 REC'D CITY OF ASPEN CITY Ut ADMEN Exhibit 5 PRE-APPLICATION CONFERENCE SUMMARIA' INITY DFVE' OPMFI PLANNER: Amy Simon, amy.simon@cityofaspen.com DATE: March 1, 2019 PROJECT: 517 E. Hopkins- Recordation Documents REPRESENTATIVE: Chris Bendon, BendonAdams DESCRIPTION: The Applicant has received land use approvals to demolish and replace the existing building at 517 E. Hopkins. The approval was subject to the criteria of Aspen Municipal Code Section 26.470.070.5, Demolition or redevelopment of multi-family housing. Subsection 26.470.070.5, and HPC Resolution #19, Series of 2018 require entering into a Redevelopment Agreement that specifies the manner in which the applicant shall adhere to the approvals granted pursuant to this Section, and penalties for noncompliance. The agreement shall be recorded before an application for a demolition permit may be accepted by the City. All approval documents are reviewed administratively. No public hearings are required. In addition to Planning staff review, the City Attorney's Office will review the recordation documents. Relevant Land Use Code Section(s): 26.470.070.5 Demolition or redevelopment of multi-family housing 26.490 Approval Documents Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use Application: https://www.citvofaspen.com/DocumentCenter/View/1835/Land-Use-Application-Packet-2017 Land Use Code: https://www.citvofaspen.com/276/Title-26-Land-Use-Code Review by: â€¢ Staff for complete application and approval of documents Planning Fees: Planning Deposit - $975 for 3 hours (additional time is billed at $325 per hour) Referral Fees: City Attorney's Office - no deposit, but time is billed at $325 per hour Total Deposit: $975 To apply, submit the following information: 1 Completed Land Use Application form and signed fee agreement. Il Pre-application Conference Summary (this document). 0 Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. [] Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. .. 0 Homeowner's Association Compliance Policy (form attached.) [3 Draft approval documents. m HPC Resolution #19, Series of 2018. Once the application is deemed complete, the following items will then need to be submitted: Il Fee for review of application. El A complete copy of the application, including all items listed above, provided by email to the assigned plannerin.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. .. Â® BendonAdams March 3, 2019 RECEIVED MAR 4 REC'D Ms. Amy Simon Historic Preservation Officer CITY OF ASPEN City of Aspen COMMUNITY DEVELOPMENT 130 So. Galena St. Aspen, Colorado 81611 RE: 517 E. Hopkins Avenue, Redevelopment Agreement Ms. Simon: Please accept this application for the review and recordation of a redevelopment agreement regarding 517 East Hopkins Avenue. The applicant received approval for replacement of the existing structure with a new commercial building, pursuant to Historic Preservation Commission Resolution No. 19, 2018. Section 3 of the resolution requires recordation of a redevelopment agreement prior to the City of Aspen accepting a permit for the demolition of the existing building. The applicant team is intending to submit for permits in mid-March. This timing will enable the project to participate in a "pilot program" of new permitting software the City is implementing. We hope your review of this agreement will align with this timeframe. In your March 1St email, you mentioned needing to synchronize our credits delivery with various phases of the project construction. Our intent, and the proposed wording of the agreement, is to provide the full number of credits required for the entire project upon building permit issuance. We do not intend to stagger delivery of credits. Please let us know if we can answer any questions or assist with your review in any way. Sincerely, Exhibits: 1. Draft Redevelopment Agreement 040Â« 2. Land Use Application Form 3. Homeowners Association Form 4. Vicinity Map 5. Pre-Application Conference Summary Chris Bendon, AICP 6. Fee Agreement BendonAdams 7. Proof of the Applicant's Ownership 8. Authorization for BendonAdams LLC to represent the applicant 9. HPC Reso. No. 19-2018 300 SO SPRING ST I 202 I ASPEN, CO 81611 970.925.2855 1 BENDONADAMS.COM exhibit 3 1% yirm,Yj#Amt'Id' B.j--41%fil**99*4--3-_i-fÂ·kl-~~~~~:2-~~~4~ 1 â€žI,... Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed bv the property owner or Attorney representing the property owner. Name: Mark Hunt, Manager; 517 East Hopkins Aspen, LLC, a Colorado Property limited liability company Owner ('1"): Email: mhunt@mdevco.com Phone No.: (312) 479-2050 Address of 517 East Hopkins Avenue Property' (subject of Aspen, CO 81611 application) I certify as follows: (pick one) *3 This property is not subject to a homeowners association or other form of private covenant. D This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. El This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and I understheCity~f Aspen does not interpret, enforce, or manage the applicability, meaning or effect PFbrivate coverÂ¥Its or homeowner association rules or bylaws. 1 understand that this documen~. a public d-rymeht Owner signature: =-------~~~=;2~ date: June 28, 2018 Owner printed name: Mark Hunt, Manager; 517 East Hopkins Aspen, LLC, a Colorado limited liability company or, Attorney signature: date: Attorney printed name: OMMUNIT 0 , . 0 ... .. se.Tavern :At ZL: :4' 4.2 : 4 - t. --F.. C--*$:r *E=9 e t <A- 1 W .*FW f =f 4 -7Â» N , e /* S. 1/il' 44-, 4,/1 442 '%14 4 ~7?. 0. ' . 4*4 04. %spen Brewing.Company f. * -. Â»g. ...0 6--7 M.: ,Â»4Â¢e"' It: -6< *~i~~~ ~k Â°)tÂ«3 -,41= â€¢-ZI ... 'C ..P...... *5 24, >A> 7 15 . M .''Vival /1 /th>- ' %. . A- 4-'Balawin.G#!lery., 3 1 4 1 0 4- 4 u E .tâ€ž,f { . u. WF J 4.- 5.17 ..> i ~ 1- , 4-7.1, , Â·.F .'. 5 ~'Mlns:494-- 4. "' t X '9' 2791:, .,: 8 1 l 7â€ž E 0AlÂ· #- -C/11_ , .....:I 7#,4 * t. Iops 14 - 4 I I.-a-'.s55494,22' tp 2 0,/ ' 1 /~IMmhp~M.2â„¢h.gu ' CAostariA.* # ~ â€¢C. - L '.t P.>r"Â£ i : Ali# ff 0/%# 2%51.2 4 ti %71~ti~~ 1. n.~,7~34 4#'~* .~fj**~Â·~ lb~* I, ' . 22~ I . â€ž1-0.4 I . 819- a. - *~ - T~@80 + ittiff~66gle ,# ft -414'I'~- .. V Â·- ''11 3,3 . 1. +4. Nds e exhibit 7 SHERMAN@HOWARD **8:%3~*3*22~*~!M#~--11~~ nmmams--;n@**8***I/2/@gÂ¥*mâ„¢221*32*:*:@mamm=Em,~*=Â® 730 East Durant Avenue, Suite 200, Aspen, Colorado 81611 Telephone 970.925.6300 Fax: 970.925.1181 www.shermanhoward.com Curtis B. Sanders Sherman & Howard L.L.C. Direct Dial Number: 970.300.0114 E-mail: csanders@shermanhoward.corn December 16.2018 City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: 517 East Hopkins Aspen, LLC; Certificate of Ownership Dear Sir or Madam: 1 am an attorney licensed by the State of Colorado to practice law. This letter shall confirm and certify that 517 East Hopkins Aspen, LLC, a Colorado limited liability company, is the owner of certain improved real property located at 517 East Hopkins Avenue, Aspen, Colorado 81611, and legally described as follows (the "Subject Propertv"): Lots D, E and F, Block 94, City and Townsite of Aspen, County of Pitkin, State of Colorado. The Subject Property is subject to the following matters of record: 1. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59 at Page 219 and 278. 2. All minerals underlying the subject property as conveyed by Deeds recorded in Book 98 at Page 476, Book 98 at Page 481, Book 98 at Page 515, Book 105 at Page 129 and Book 106 at Page 482. 3. Multipurpose Easement Agreement granted to the City of Aspen et. al., recorded September 16,1976 in Book 316 at Page 701. 4. Those terms, conditions, provisions and obligations as set forth in Restrictive Covenants recorded April 9,1984 in Book 464 at Page 319. Active/48464604 1 .. 5. Terms, conditions, provisions and obligations as set forth in the Deed of Trust, Assignment of Leases and Rents and Security Agreement dated as of June 10, 2014 and given by 517 East Hopkins Aspen, LLC in favor of Jefferies LoanCore LLC recorded June 18,2014 as Reception No. 611180, Pitkin County, Colorado. 6. Terms, conditions, provisions and obligations as set forth in the Assignment of Leases and Rents dated as of June 10. 2014 and given by 517 East Hopkins Aspen, LLC in favor of Jefferies LoanCore LLC recorded June 18 2014 as Reception No. 611181, Pitkin County, Colorado. 7. Terms, conditions, provisions and obligations as set forth in the UCC Financing Statement given by 517 East Hopkins Aspen, LLC iii favor of Jefferies LoanCore LLC recorded June 18,2014 as Reception No. 611182, Pitkin County. Colorado. 8. Terms, conditions, provisions and obligations as set forth in the Assignment of Deed of Trust, Assignment of Leases and Rents and Security Agreement dated as of August 28,2014 between Jefferies LoanCore LLC as assignor and JLC Warehouse V LLC as assignee recorded August 24,2015 as Reception 622659. 9. Terms, conditions, provisions and obligations as set forth in the Assignment of Assignment of Leases and Rents dated as o f August 28,2014 between Jefferies Loancore LLC as assignor and JLC Warehouse V LLC as assignee recorded August 24,2015 as Reception 622660. 10. Terms, conditions. provisions and obligations as set forth in the UCC Financing Statement Amendment recorded August 24,2015 as Reception 622661. 11. Terms, conditions. provisions and obligations as set forth in the Assignment of Deed of Trust, Assignment of Leases and Rents and Security Agreement dated as of July 22, 2015 between JLC Warehouse V LLC as assignor and DIVCORE CLO 2013-1 LTD. as assignee recor ded August 25.2015 as Reception 622705. 12. Terms, conditions, provisions and obligations as set forth in Assignment of Assignment of Leases and Rents dated as of July 22, 2015 between JLC Warehouse V LLC as assignor and DIVCORE CLO 2013-1 LTD. as assignee recorded August 25,2015 as Reception 622706. 13. Terms, conditions, provisions and obligations as set forth in the UCC Financing Statement Amendment recorded August 25, 2015 as Reception No. 622707. This letter shall further confirm that as the owner of the Subject Property, 517 East Hopkins Aspen, LLC has the right and authority to file and pursue land use applications. variance requests, and other requests with the City of Aspen with respect to the Subject Property. 2 Active/48464604 1 .. Sincerely, 01-- Curtis B. Sanders 3 Active/48464604.1 .. exhibit 8 Â® BendonAdams June 28, 2018 Ms. Jessica Garrow, AICP "44,43 2 Community Development Director City of Aspen 130 So. Galena St. Aspen, Colorado 81611 ,% .44 RE: 517 East Hopkins Avenue *F Ms. Garrow: Please accept this letter authorizing BendonAdams, LLC, to represent our ownership interests in 517 East Hopkins Avenue and act on our behalf on matters reasonably associated in securing land use approvals for the properly If there are any questions about the foregoing or If I can assist in any way, please do not hesitate to contact me. Property: 517 East Hopkins Avenue; Aspen, CO 81611 Legal Description: Lots D, E, and F, Block 94, City and Townsite of Aspen Owner: 517 Eastl=122~ns Aspen, LLC, a Colorado limited liability company Parce!/10: 2737-073-~~003 Kind R,gards, ..../// Mark Hunt Manager 517 East Hopkins Aspen, LLC 2001 North Halsted Road #304 Chicago, IL 60614 (312) 479-2050 mhunt@mdevco.com â€¢ ,~miiziliiziiiiiiiiiiiiiimiiiiiiimiIMNiI RECEPTION#: 653319. R: $93.00, D: $0.00 DOC CODE: RESOLUTION Pgl of 17,01/14/2019 at 03:03:56 PM Janice K. Vos Caudill, Pitkin County, CO RESOLUTION #19 Exhibit 9 (SERIES OF 2018) A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION GRANTING APPROVAL FOR A SUBSTANTIAL AMENDMENT TO FINAL MAJOR DEVELOPMENT, FINAL COMMERCIAL DESIGN REVIEW, AND GROWTH MANAGEMENT DEVELOPMENT ORDER FOR 517 E HOPKINS AVENUE, LOTS D, E, AND F, BLOCK 94, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO Parcel ID: 2737-073-40-003 WHEREAS, on September 21, 2015 the Community Development Department received an application from 517 E. Hopkins Aspen, LLC (Applicant), forthe following land use approvals related to the demolition and replacement of the existing building at 517 E. Hopkins Avenue, Lots D, E, And F, Block 94, City and Townsite of Aspen, Pitkin County, Colorado: â€¢ Conceptual Commercial Design, pursuant to Aspen Municipal Code Chapter 26.412; â€¢ Conceptual Major Development, pursuant to Aspen Municipal Code Chapter 26.415; â€¢ Mountain View Plane Exemption, pursuant to Aspen Municipal Code Chapter 26.435; and WHEREAS, Conceptual approval was granted by the Historic Preservation Commission on December 9, 2015; and WHEREAS, on May 8,2016, the Community Development Department received an application from 517 E. Hopkins Aspen, LLC for the following land use approvals: â€¢ Final Commercial Design, pursuant to Aspen Municipal Code Chapter 26.412; â€¢ Final Major Development, pursuant to Aspen Municipal Code Chapter 26.415; â€¢ Growth Management Review, pursuant to Aspen Municipal Code Chapter 26.470; â€¢ Certificates of Affordable Housing Credit, pursuant to Aspen Municipal Code Chapter 26.540, and; WHEREAS, Final approval was granted by the Historic Preservation Commission on September 14, 2016. A Development Order was issued by the Community Development Director and remains in effect until September 23, 2019; and WHEREAS, all previous code citation references are to the Aspen Municipal Code in effect on the day of initial application - September 21, 2015, as applicable to this Project; and, WHEREAS, on October 11, 2018, the Community Development Department received an application from 517 E. Hopkins Aspen, LLC, for the following land use approvals to modify the approved building program and design: Historic Preservalion Commission Resolution #19, Series 2018 Page 1 of 6 .. â€¢ Substantial Amendment, Major Development Review, pursuant to Aspen Municipal Code Chapter 26.415; â€¢ Substantial Amendment, Commercial Design Review, pursuant to Aspen Municipal Code Chapter 26.410; â€¢ Amendment to a Growth Management Development Order, pursuant to Aspen Municipal Code Chapter 26.475; and WHEREAS, the Community Development Director determined the application to be eligible for review as Minor Amendment pursuant to current Aspen Municipal Code Section 26.304.070.A.1, under which a project within the period of pendency may propose a Minor Amendment and be reviewed under the original land use code in effect during the initial approval for the site specific development plan; and WHEREAS, pursuant to Aspen Municipal Code Chapter 26.304, Common Development Review Procedures, and Section 26.304.060.8.1, Modification of Review Procedures, all 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, in preparing a recommendation to the Historic Preservation Commission, the Community Development Department received updated referral comments from City Engineering, Environmental Health, Public Works Department, and APCHA; and, WHEREAS, the Aspen Community Development Department reviewed the proposed Application and recommended approval with conditions; and, WHEREAS, the Historic Preservation Commission reviewed the Application at a duly noticed public hearing on December 12, 2018, during which 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 December 12, 2018, the Historic Preservation Commission approved Resolution #19, Series of 2018, by a 7 to o vote granting approvals for Substantial Amendment to Final Major Development, Final Commercial Design Review, and Growth Management Development Order with the conditions of approval listed hereinafter, including all relevant conditions contained within the vested approval granted to this project through Resolution #28, Series of 2016. Historic Preservation Commission Resolution #19, Series 2018 Page 2 of 6 .. NOW, THEREFORE BE IT RESOLVED BY THE HISTORIC PRESERVATION COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1: _Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Historic Preservation Commission hereby grants Substantial Amendrnent to Final Major Development, Final Commercial Design Review, and Amendment to a Growth Management Development Order for the final design as depicted on Exhibit A attached and as represented through the approval process and subject to the conditions of approval as listed herein, including: 1. Restudy the center module of the north fagade to reduce the scale of the glazing wall in conformance with the design guidelines, for review and approval by staff and monitor. 2. Final materials for the proposed on-site and off-site public amenity spaces shall be approved by staff and monitor. 3. An internal connection between the second floor of 517 E. Hopkins and the second floor of 204 S. Galena is permitted if allowed by Building Code. Section 2: Growth Management Allotment and Reconstruction Credit The existing development provides 12,756 square feet of net leasable area and may be credited toward the proposed development. Any reconstruction credit shall be valid for one (1) year following issuance of a dernolition permit, pursuant to Chapter 26.470.130Â· Existing and proposed net leasable calculations shall be verified by the Zoning Officer at time of building permit review. Section 3: Employee Generation and Mitigation The Historic Preservation Commission has determined that on-site replacement of the existing affordable housing is inappropriate due to the site's physical constraints, and the units may be replaced through credits equivalent to 5 FTEs at Category 1. The applicant must mitigate any new net leasable space created above and beyond the reconstruction credit noted in Section 2 through affordable housing credits at Category 4, provided before issuance of the building permit for the project. A redevelopment agreement, per Section 26.470.070.5.6 of the Municipal Code shall be recorded before an application for a demolition permit may be accepted by the City. The approximate increase in net leasable area represented by this approval is 4,471 square feet. Section 4: Public Amenity The project has a 900 sq. ft. (10%) public amenity requirement. A portion of the required Public Amenity (285 sq. ft, or 3.290) wi|| be provided onsite, located in front of the entrance to the upper and lower levels. The remaining Public Amenity requirement will be mitigated through off-site improvernents to the adjacent right-of-way, to be approved by the Parks and Engineering Departments, staff and monitor. The final calculation of existing and proposed Historic Preservation Commission Resolution # 19, Series 2018 Page 3 of 6 .. Public Amenity shall be verified by the Zoning Officer at the time of building permit review, in accordance with the Land Use Code. Section 5: Utility, delivery and trash service provision A 300 square foot trash and recycling area, as depicted in the land use application, is approved, pending final review by the Environmental Health Department. A transformer, meeting the requirements of the Public Works Department, shall be provided on the site. The applicant shall revise the p|ans to ensure that all tenants have access to deliveries as described at Section 26.412.060.8.8 of the Municipal Code. Section Â«Parking The property currently has no on-site parking spaces, and der-nolition and replacement of the existing building allows for an equal area of the new building to be exempt from parking requirements up to 12.76 parking spaces. The parking required by the building expansion shall be verified with the Zoning Officer at time of building permit and will require a cash-in-lieu fee, at a rate $30,000 per space. Section 7: TIA As noted in Sections 2 and 6, above, a credit of 12,756 square feet of net leasable space will be applied tothis project, and no parking or TIA mitigation is required for that area. Theapplicant has provided a preliminary proposa| to mitigate 20 new trips through a variety of actions. Final calculation of trip mitigation will be based on the new net leasable space created on the site as verified by the Zoning Officer at the time of building permit review. The Engineering Department will work with the applicant to finalize the TIA ensuring that all proposed TIA measures are appropriate and applicable to the project and that any unmitigated trips will be addressed through a cash in lieu payment. Section 8: Parks Silva cells with tree plantings are required. City Forester will determine species and spacing. Irrigation is required. Electric outlets/stanchions shall not interfere with long term growth of trees. Water line shall run midway between trees to minimize future impacts. Section 9: ACSD A potential location for a grease trap (subgrade) shall be included in the building permit application to allow flexibility for future conversion of the commercial/retail spaces to restaurant. Old service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements. One tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single service line. Historic Preservation Commission Resolution # 19, Series 2018 Page 4 of 6 .. Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. Glycol heating and snow melt systems rnust be designed to prohibit and discharge of glycol to any portion of the public andÂ·private sanitafy sewer system. The glycol storage areas rnust have approved containment facilities. Soil Hails are not allowed in the public ROW abohe ASCD main sewer lines and within 3 feet vertically below an ACSD main sewer line. Section lok_Nested Rights This approval shall not extend the Vested Rights provided to this development through a Development Order issued by the Community Development Director on September 22, 2016 and expiring on September 22, 2019. Section 11: 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. This includes the representation that co-work space will occupy all of the second floor net leasable space at 517 E. Hopkins and may not be replaced with another use without approval by HPC. *qtion 12: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 13: 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. Historic Preservation Commission Resolution #19, Series 2018 Page 5 of 6 .. APPROVED BY THE COMMISSION at its regular meeting on the 12th day of December, 2018. Approved as to form: Approved as to content: r C- 274- 21 D %32-1 ~/'james R. True, City Attorney Gk~en Greep>,653,Chair V Attest: /7/10 /7. Nicole Henning, Deputy City Clerk Attachments: Exhibit A: Approved final elevations and floor plans Historic Preservation Commission Resolution # 19, Series 2018 Page 6 of 6 modif. 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REDEVELOPMENT AGREEMENT FOR Exhibit 1 517 E HOPKINS AVENUE COMMERCIAL PROJECT THIS REDEVELOPMENT AGREEMENT (hereinafter the "Agreement") is made and entered into this day of , 2019, by and between THE CITY OF ASPEN, COLORADO, a municipal corporation (hereinafter referred to as "City"), and 517 EAST HOPKINS ASPEN, LLC, a Colorado limited liability company (hereinafter referred to as "Owner") regarding certain real property owned by Owner commonly known as 517 East Hopkins Avenue, and legally described as Lots D, E, and F, Block 94, City and Townsite of Aspen, Pitkin County, Colorado (hereinafter referred to as "Property"). WITNESSETH: WHEREAS, Owner submitted to the City for approval a planning application to demolish and replace an existing commercial and affordable housing building on the Property with a new commercial project known as the 517 East Hopkins Avenue Project. WHEREAS, the Property currently contains four studio apartments deed restricted to Category 1 rental restrictions of the Aspen/Pitkin County LIousing Authority and the 517 East Hopkins Avenue Project was required to comply with, among other requirements, Section 26.470.100.E - Demolition or Redevelopment of Multi-Family LIousing ("Replacement Requirements") of the City of Aspen Land Use Code; and, WHEREAS, the 517 East Hopkins Avenue Project received final approval from the City on December 12, 2018, via City of Aspen Historic Preservation Commission Resolution No. 19, Series of 2018 ("Resolution 19"), recorded on January 14,2019, by the Pitkin County, Colorado Clerk and Recorder at reception number 653319. WHEREAS, Section 3 of Resolution 19 required the establishment of a Redevelopment Agreement ("Agreement") between Owner and City that is to be recorded before an application for a demolition permit may be accepted by the City; and, WHEREAS, Owner submitted to City for execution and recordation, this Agreement in compliance with the conditions of approval listed in Resolution 19; and, WHEREAS, City has fully considered this Agreement and the requirements set forth in Resolution 19; and, WHEREAS, City has imposed certain conditions and requirements in connection with its acceptance of the 517 East Hopkins Avenue Project and the execution and recordation of this Agreement, such matters being necessary to protect, promote and enhance the public welfare, health, and safety; and, 517 E Hopkins Avenue Redevelopment Agreement Page 1 .. WHEREAS, Owner is willing to acknowledge, accept, abide by, and faithfully perform the conditions and requirements imposed by City in approving the 517 East Ilopkins Avenue Project as set forth in this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the approval, execution and acceptance of this Agreement for recordation by City, and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: ARTICLE I PURPOSE AND EFFECT OF REDEVELOPMENT AGREEMENT A. Purpose. The purpose of this Agreement is to set forth the complete and comprehensive understanding and agreement between Owner and City with the respect to the nature ofthe 517 E 1-Iopkins Avenue Project and the use of Certificates ofAffordable Housing Credit. B. Effect. In the event of any inconsistencies between the provisions of Resolution 19 and this Agreement, the provisions of Resolution 19, as may be duly modified, shall control. ARTICLE Il DEVELOPMENT ALLOWANCES, REQUIREMENTS, AND RESTRICTIONS A. Proiect Description The 517 East Hopkins Avenue Project consists of a complete demolition of the existing building on the Property and development of a commercial building as more specifically described and depicted in Resolution 19, including plans and diagrams attached thereto; the official record of proceedings associated with Resolution 19, including representation by the Owner regarding a co-work space to occupy the entire net leasable area ofthe second floor; and, as the project may be modified through the development and approval process with the City. B. Replacement of Existing Residences In adopting Resolution 19, the City of Aspen Historic Preservation Commission determined that the 517 East Ilopkins Avenue Project met the Replacement Requirements by a finding that replacement with residences on-site would be inappropriate due to the Property's physical constraints and a finding that the submission and extinguishment of City of Aspen Affordable Housing Credits equivalent to five FTEs at Category 1 is an acceptable method of replacement. The four Category 1 studio apartments currently situated on the Property may be demolished upon submission by the Owner and extinguishment by the City of Certificates o f Affordable Housing Credit in the amount of five Category 1 FTEs. 517 E Hopkins Avenue Redevelopment Agreement Page 2 .. C. Mitigation for New Net Leasable Commercial Area In adopting Resolution 19, the City of Aspen Ilistoric Preservation Commission determined that the 517 East Hopkins Avenue Project must provide affordable housing mitigation commensurate with the increase in commercial net leasable area, an expansion of approximately 4,471 square feet, through the extinguishment of City of Aspen Affordable Housing Credits equivalent to 10.81 FTEs at Category 4. The calculation method is as follows and any changes in the project's square footages shall cause a recalculation based on this method: Existing: The existing building contains 12,756 square feet of net leasable area for a credit of 49.95 FTEs, calculated as follows: Lower Level: 5,490 sf nia (@3.53/1,000) = 19.38 FTEs Main Level: 4,207 sf nia (@4.7/1,000) = 19.77 FTEs Second Level: 3,059 sf nia (@3.53/1,000) = 10.80 FTEs 49.95 FTEs Proposed: The proposed building contains 17,236 square feet of net leasable area for a total generation of 67.96 FTEs, calculated as follows: Lower Level: 5,806 sf nia (@3.53/1,000) = 20.50 FTEs Main Level: 6,099 sf nia (@4.7/1,000) = 28.67 FTEs 39 Second Level: 5,322 sf nia (@3.53/1,000) = 18.79 FTEs 67.96 FTEs Net increase in FTEs: 18.01 Mitigation Percentage Requirement: 60% Required Mitigation: 10.81 FTEs D. Submission and Acceptance of Credits Owner shall supply and City shall accept for extinguishment the appropriate number and type of Certificates of Affordable Housing Credit, as described above, prior to and as a condition of issuance of a building permit for the development of the 517 East Hopkins Avenue Project. E. Release of Deed Restriction Upon extinguishment ofthe Certificates of Affordable Housing Credit, as described above, the City shall file a release of deed restriction associated with the four existing affordable housing units recorded on April 9,1984, in Book 464 at Page 319. 517 E Hopkins Avenue Redevelopment Agreement Page 3 .. ARTICLE III GENERAL PROVISIONS 1. The provisions hereof shall be binding upon and inure to the benefit of Owner and City and their respective successors and assigns. 2. This Agreement shall be subject to and construed in accordance with the laws of the State of Colorado. 3. If any of the provisions of this Agreement or any paragraph, sentence, clause, phrase, word. or section or the application thereof in any circumstance is invalidated, such invalidity shall not affect the validity of the remainder of this Agreement, and the application ofany such provision, paragraph, sentence, clause, phrase, word, or section in any other circumstances shall not be affected thereby. 4. In the event of any conflict between Resolution 19 and this Agreement, the terms and provisions of Resolution 19, as may be duly modified, shall govern and control, unless otherwise expressly agreed to by both parties. 5. This Agreement together with the provisions o f Resolution 19 contains the entire understanding between the parties hereto with respect to the transactions contemplated herein, and except as otherwise specifically provided herein, may be altered or amended from time to time only by written instruments executed by all parties hereto that are affected by the proposed amendment. 6. Numerical and title headings contained in this Agreement are for convenience only, and shall not be deemed determinative of the substance contained herein. As used herein, where the context requires, the use of the singular shall include the plural and the use of any gender shall include all genders. 7. Notices to be given to the parties to this Agreement shall be considered to be given if hand-delivered, if deposited in the United States Mail to the parties by registered or certified mail, or if sent by nationally recognized overnight courier, at the addresses indicated below, and shall also be given by email the same day, or such other addresses as may be substituted upon written notice by the parties or their successors or assigns: To City: Steven Skadron James R. True Mayor City Attorney City of Aspen City of Aspen 130 So. Galena St. 130 So. Galena St. Aspen, CO 81611 Aspen, CO 81611 steven.skadron@citvofaspen.com lim.true(*citvofaspen.com To Owner: 517 E Hopkins Aspen LLC 2001 N Halsted Street, Suite 304 Chicago, IL 60614 Attn: Mark Ilunt mhunt@,mdeveo.com 517 E Hopkins Avenue Redevelopment Agreement Page 4 .. 8. This Agreement may be executed in counterparts, in which case all such counterparts together shall constitute one and the same instrument, which is binding on all of the parties thereto, notwithstanding that all of the parties are not signatory to the original or the same counterpart. Facsimile or electronic signatures shall be treated as original signatures hereon. 9. The terms, conditions, provisions and obligations herein contained shall be deemed covenants that run with and burden the real property more particularly described herein and any and all owners thereof or interests therein, their respective successors, grantees or assigns, and further shall inure to the benefit of and be specifically enforceable by or against the parties hereto, their respective successors, grantees or assigns. 10. This Agreement shall be recorded in the records of the Pitkin County Clerk and Recorder, before an application for a demolition permit may be accepted by the City. [remainder of page intentionally blankl 517 E Hopkins Avenue Redevelopment Agreement Page 5 .. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. City: City of Aspen A Municipal Corporation By: Steven Skadron, Mayor APPROVED AS TO FORM: James R. True, City Attorney STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of , 2019. by Steven Skadron as Mayor of the City of Aspen, a Municipal Corporation. Witness my hand and official seal. My commission expires: Notary Public 517 E Hopkins Avenue Redevelopment Agreement Page 6 .. OWNER: 517 East Hopkins Aspen, LLC By: 517 East Hopkins Aspen Manager, Inc. Its: Manager By: Mark Hunt, President STATE OF COLORADO ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2019, by Mark Hunt as President of 517 East Hopkins Manager, Inc., Manager of 517 East Hopkins Aspen, LLC. Witness my hand and official seal. My commission expires: Notary Public EXHIBIT LIST A - City of Aspen Historic Preservation Commission Resolution No. 19, Series of 2018 517 E Hopkins Avenue Redevelopment Agreement Page 7 RECEIVE! MAR 6 REC'D CITYOFASPEN CITY OF AbPEN COMMUNITY DEVE!,OPMEN Land Use Application Determination of Completeness Date: March 6, 2019 Dear City of Aspen Land Use Applicant, We have received your application for 517 E. Hopkins Avenue, Approval Documents and have reviewed it for completeness. Your Land Use Application is complete. Please submit the fee deposit of $975 at your earliest convenience. Additional information 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. Than~, CJ Amy Simon,Klistoric Preservation Officer City of AsUn Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New PD Yes No Subdivision, or PD (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No___ Commercial E.P.F. Lodging 130 South Galena Street Aspen, CO 81611-1975 I P: 970.920.5000 I F: 970.920.5197 1 cityofaspen.com