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agenda.hpc.20190814
1 AGENDA ASPEN HISTORIC PRESERVATION COMMISSION August 14, 2019 4:30 PM, City Council Meeting Room 130 S Galena Street, Aspen I.SITE VISIT - PLEASE VISIT 414-422 E. COOPER ON YOUR OWN II.ROLL CALL III.MINUTES III.A.Draft Minutes of July 24th, 2019 coa.hpc.072419.docx IV.PUBLIC COMMENTS V.COMMISSIONER MEMBER COMMENTS VI.DISCLOSURE OF CONFLICT OF INTEREST VII.PROJECT MONITORING VIII.STAFF COMMENTS IX.CERTIFICATE OF NO NEGATIVE EFFECT ISSUED X.CALL UP REPORTS XI.SUBMIT PUBLIC NOTICE FOR AGENDA ITEMS XII.OLD BUSINESS XIII.NEW BUSINESS XIII.A.201 E. Main Street, Minor Project Review Continue to September 11th, 2019 201 E Main St_HPC Memo_8-14-19 continuance.pdf XIII.B.4:45 p.m.: 414-422 E. Cooper Avenue– Minor Development Review, Commercial Design Review, GMQS, Transportation and Parking, PUBLIC HEARING HPC memo.pdf 1 2 HPC resolution.pdf Exhibit A_Minor Development.pdf Exhibit B_Commercial Design.pdf Exhibit C_GMQS.pdf EXHIBIT D_Transportation and Parking Management Criteria.pdf Exhibit E_Public Comment.pdf Exhibit F_Application.pdf XIII.C.6:15 p.m.: 616 W. Main Street - TDR Referral Comments 616WMainUnitB_Memo_08.14.19.pdf 616WMainUnitB_Resolution_Draft_08.14.19.pdf ExhibitA_Application_08.14.19.pdf XIV.6:45 P.M. ADJOURN XV.NEXT RESOLUTION NUMBER Typical Proceeding Format for All Public Hearings 1)Conflicts of Interest (handled at beginning of agenda) 2) Provide proof of legal notice (affidavit of notice for PH) 3) Staff presentation 4) Board questions and clarifications of staff 5) Applicant presentation 6) Board questions and clarifications of applicant 7) Public comments 8)Board questions and clarifications relating to public comments 9) Close public comment portion of bearing 10) Staff rebuttal/clarification of evidence presented by applicant and public comment 11) Applicant rebuttal/clarification End of fact finding. Deliberation by the commission commences. No further interaction between commission and staff, applicant or public 12) Chairperson identified the issues to be discussed among commissioners. 13) Discussion between commissioners* 14) Motion* *Make sure the discussion and motion includes what criteria are met or not met. Revised April 2, 2014 2 1 REGULAR MEETING HISTORIC PRESERVATION COMMISSION JULY 24, 2019 Chairperson Greenwood opened the meeting at 4:29 p.m. Commissioners in attendance: Gretchen Greenwood, Bob Blaich, Roger Moyer, Kara Thompson, Sheri Sanzone, Richard Lai. Absent were Nora Berko, Jeffrey Halferty and Scott Kendrick. Staff present: Nicole Henning, Deputy City Clerk Andrea Bryan, Assistant City Attorney Amy Simon, Historic Planning Director Sarah Yoon, Historic Preservation Planner MINUTES:Mr. Moyer moved to approve the minutes of June 26th, Mr. Blaich seconded. All in favor, motion carried. PUBLIC COMMENT: None. COMMISSIONER COMMENTS:Ms. Greenwood said that Mr. Lai handed out something he would like to share with the board as a citizen of Aspen. Mr. Lai said this has nothing to do with this commission. He said he appeared before city council last night to make a comment on their deliberations regarding office space. He wanted to inform his colleagues on what transpired the previous night. Mr. Blaich said the latest edition of the Aspen Sojourner has an article about building community and is all about Hunt’s projects. He saw this yesterday and said he would give a copy to Ms. Simon to distribute to the board. DISCLOSURES OF CONFLICT: None. PROJECT MONITORING: None. STAFF COMMENTS: Ms. Yoon said she went to Korea and attended a 3D documentation class while there, which she will do a presentation on at some point. Ms. Simon said at the end of the agenda, there are code amendments for tonight, but we canwait until there are more board members if they wish to hold off on the discussion. CERTIFICATES OF NO NEGATIVE EFFECT: There was one for a replacement of all 3rd floor windows on the Elks building and have been upgraded to energy efficient windows and will be installed soon. CALL UPS: None. PUBLIC NOTICE: Ms. Bryan said all is in order. NEW BUSINESS: 1020 E. Cooper Amy Simon Ms. Simon first wanted to acknowledge some things that were not conveyed in the memo. She said there are 300 historically landmarked properties in town, of which, 250 of those are Victorians and half of those are miners’ cottages like this one. This one has to be one of the most altered of the 125. This property sat on the market for a long time and is not the easiest project to take on. We are all here as a team to preserve Aspen’s history. There are staff and neighbor concerns, but she does want to emphasize the end goal for everyone. The historic resource appears to be an L shaped cross gabled cottage that has a porch which has long been enclosed with a lean-to addition on the back. There are 3 2 REGULAR MEETING HISTORIC PRESERVATION COMMISSION JULY 24, 2019 two sheds along the alley. The applicant would like to demolish the two sheds and staff supports this as they are not Victorian era. This part of town was considered the boonies, so the Sanborn maps did not reach that location. We have looked at other maps and photographs and have determined that the sheds are not Victorian era and are not historic. We don’t know whenthey were built and do not show up in any photographs throughout the mid 1920’s. They do show up in an aerial photo from the 1970’s. The second part of the project is for an onsite relocation. The applicant hopes to remove a portion of the non-historic lean-to at the back of the miners’ cottage, pick up the remaining structure and move it forward seven feet and westward two feet to more or less center it on the lot. They will put it on a new basement and put on a new addition. Staff supports the relocation request and said it is important to give as much room as possible for the addition and distance it somewhat from the resource. We don’t feel that there is anything being lost by moving the building forward. We are struggling with the nature of the restoration and addition to the historic building. We have raised some questions about what is historic and what isn’t and particularly a proposed change to the roof pitch. The applicant will present some photographs and we are not convinced about the accuracy of the way they want to reframe this part of the house. This is the main goal obviously. Allof the historic windows are gone, and the front porch is enclosed. We want to expose the framing and learn, and in this case, it’s hard to make assessments about what is right and wrong. Regarding the proposed addition, we are concerned that it doesn’t meet most of the design guidelines. The resource that is being preserved is probably only about 500 square feet. The addition being proposed is about three times the size of the resource. They are also concerned about the connector transition between the new and the old. Staff doesn’t feel that the relationship between the new addition and the resource is being achieved. Ms. Simon said they have reached out to other city departments to try to smooth out this project early on before submitting for permit. The neighbors are concerned with tree removals. There are two spruce trees in decline, which will be removed, but one of them is still being discussed. They are recommending continuation and have some dates available. Ms. Greenwood asked where the 500 square foot number came from and Ms. Simon said that is an estimation, but they have requested more detail from the applicant. Ms. Thompson asked about the floor area penalty and Ms. Simon said they don’t want to perpetuate single family homes, so if you are demolishing over 40% and trying to reestablish, you take a 20% penalty. APPLICANT PRESENTATION: Teraissa McGovern and Jamie Brewster of Brewster McCleod. Ms. Brewster said the owners are also in attendance, Tracy and David. She thanked the board for the HPC award on the Sardy House and for their time. She said this is a very unique building and recapped the history. She said they want to restore the front porch back to the original intent, replace the windows with double hung, remove the roof over framing and expose original roof line, remove non- historic addition of shed roof on the back of the property and remove the sheds as well as look at the addition of the rear of the house. She showed the various elevations on screen. The fence is not on the property line, but it’s inset about a foot inside the property line. They want to relocate the historic resource to comply with today’s codes. On the east side, they want to move it over 2.5 feet to make sure it meets 5-foot requirement. They want to renovate the historic resource and renovate the 1960’s addition as well as add an addition to the rear of the property. The square footage that would be reduced is 557 square feet. She continued to show the plans on screen and walk through each. 4 3 REGULAR MEETING HISTORIC PRESERVATION COMMISSION JULY 24, 2019 Ms. Brewster addressed all of the staff findings by each section of the guidelines and explained why she feels they do meet each one. She said they are not asking for any variances on this project, but staff has said that the floor area bonus would be a variance, but we do not see it as such. They feel they are compliant with five out of the 8 exceptions in order for HPC to approve the addition. Mr. Moyer asked if they remove the 1960 addition completely, how it adversely affects the project in regard to square footage. Ms. Brewster said it reduces the square footage that they can build to by 550 square feet. We wouldn’t be able to build the property we are asking for. Mr. Moyer asked if the shingles on the house are asbestos and Ms. Brewster said there are a lot of asbestos issues with the property and are starting the abatement program. Ms. Greenwood asked if they want to retain their TDR. Ms. Brewster said they are designing to their current allowable square footage and floor area. They are looking for a 500 square foot bonus saying they’ve done a good job with restoration and will be rewarded for that. Mr. Moyer said he sees the 60’s as being a boondoggle. He asked if there is an opportunity for them to be creative to work around that so it can go away, and the connector be more to the boards liking. Ms. Simon said the issue with not being able to demolish more than 40 percent, without a penalty, is black and white. This is a calculation of surface that might be removed. She doesn’t know how tight they are on it or how much of the addition they could removebefore they would have a problem. Ms. Thompson asked if this is under the current guidelines and Ms. Simon said yes, it is under the new guidelines, but they applied before the benefits were changed. Ms. Sanzone asked about the mechanical aspect and where they imagine all of the pipes on the roof. Ms. Brewster said they are looking at having all of the pipes on the addition versus the historic entity. There will be a mechanical rooftop to be enclosed on all four sides so not to be disruptive to neighbors. Ms. Sanzone clarified that the fence is not historic, and Ms. Brewster said no. Ms. Sanzone asked about their plan to restore the miner’s cottage and Ms. Brewster said they aren’t trying to replicate, but just preserve the forms. Ms. Sanzone asked about the storm water plan and if they considered drywells and Ms. Brewster said they have started discussions with engineering and currently believe storm water is a better resolution than doing the drywell. Ms. Thompson asked how close they are on the demo percentage and Ms. Brewster said very close. We are saying we’re not reframing the roof, but only taking materials off one side and recreating the other side because that is part of the demo calcs. Ms. Greenwood asked if the front porch is part of this as well and Ms. Brewster said yes. Mr. Lai said he was confused about them requesting a bonus and also asking for TDR and asked for an explanation and Ms. Brewster said they are looking at selling some square footage as well. She said they are not necessarily going to use the 500 square feet on the property but may just want to use as a TDR. Mr. Lai said he was still confused about the TDR and Ms. Simon explained it to him. PUBLIC COMMENT: Patrick Rawley of Stan Clauson Associates on behalf of Buck Carlton who is a neighbor at 1012 E. Cooper. He said he wants to seek collaboration because it is a very difficult project. He said everyone would like to see improvements to the existing conditions, however, they can improve upon the presented design. 5 4 REGULAR MEETING HISTORIC PRESERVATION COMMISSION JULY 24, 2019 He also provided an email for the record. The main issue is the massing and size. The addition is way too big for the historic resource and makes the resource the secondary feature of the site. Regarding section 10.4, they need to take into account both levels. The massing of the addition seems out of scale. Section 10.8 should be reconsidered because this could be much more compatible. They need to look at the alley a little more closely regarding the sheds because they are encroaching into the alleyway. Whether they are historic or not, the nature of the sheds speaks to historic relevance and that should be considered. An adaptive reuse as a parking area that works with the separation with the alley to the main addition, could be successful. They need more dimensional details which people need to know. The renderings presented today are helpful, but 3D models would be preferred. He also said the neighbors have not been reached out to for discussion and would like to be included to take a look at the proposal. This project needs to be refurbished and restored, but in a much more sensitive manner. This neighbor is directly to the west in the Victorian multi family. Baron Concourse at 1024 E Cooper directly to the east. Mr. Concourse welcomed the new neighbors and said he is excited about the project. There is so much interest because there are 12-15 families and home owners affected by what happens here. Our home is our number one asset, so we are all aware of the historic preservation guidelines and don’t want the value of our homes affected moving forward. He said he is in unit #10, the balcony on the east side. They will be impacted regarding sunlight coming into the master bedroom or whatever it is, he would like everyone to take into consideration the gravity of the decision being made. Steve at 1012 E. Cooper. He welcomed the new neighbors and said one of their concerns is that their condo is a lot lower than the property at 1020. For the two people on the side of the building, it’s a vision blocker. He said this is really about being cognizant of the neighbors and trying to work with the neighbors. Kristy Genley at 1024 E. Cooper. She said she wants to see the new neighbors do the best thing and she agrees with the other commenters about being cognizant of their building and the light. She’s in unit #8 and with a structure so big, it blocks all the light. She asked them to consider their views. Ms. Simon said we do have three letters that arrived today and will be entered into the record. She believes all authors are here at the meeting. Ms. Greenwood closed the public comment. Ms. Brewster thanked all commenters and said they have not reached out to the neighbors yet because they wanted to see HPC first. We’re glad you’re here to be a part of the process. Regarding mass and scale, it is in line with the city regulations of height and scale and are trying to match the roof forms. The clients do not want a flat roof and do not like modern homes. We are looking at reusing the sheds, but they would have to reconstruct, and it would be detrimental and block access to the alley. We want to make sure we have a garage to access off the alley. We are happy to present dimensions as they are needed and were not requested in the HPC packet. In regard to elevation of the fence, it is a 6-foot fence and that is what the code allows. We do know there is a huge change in elevation, that fence helps us maintain the stormwater management because they will grade into the back yard. Ms. Sanzone asked if there are other examples of this same type of project and Ms. Simon said she believes the Victorian to the west, triggered demo because they removed non-historic aspects of the 6 5 REGULAR MEETING HISTORIC PRESERVATION COMMISSION JULY 24, 2019 building. This is really case by case and hasn’t come up that often. Mr. Moyer and Ms. Greenwood said they are not happy with the connector and how the building is exposed. Ms. Greenwood said there are creative ways to rework that. She said it very clearly doesn’t meet the guideline, so that is one issue. She said they are headed down a wrong path regarding the mass and scale. She noticed that the buildings on either side have articulation of architectural elements both in windows and fenestrations. The addition they are proposing is a big box and inappropriate for that property. She is sensitive to the neighbors on either side especially the ones on the east. The city doesn’t regulate scale but is really for an architect to design a building that isn’t just a box. Ms. Thompson agreed and said the only thing the Victorian has left is it’s massing because all the detail has been taken away from it, so she has a really hard time with the linking element as well. She understands the 40 percent, but you lose the form of the Victorian. Ms. Greenwood said she doesn’t feel this resource is being restored at all, but just getting windows that aren’t appropriate for a miners’ cabin. Mr. Blaich said this might come as a surprise to Ms. Greenwood, but he agrees with all of her points. He said she hit the nail on the head. He said section 10.4 was a major point for him. He said it’s a very difficult property. He said the design they’ve done must be rethought. What the owners are asking for is reasonable, but it creates bigger problems from a design point of view. He said he wouldn’t favor an enclosed garage at all. It’s really a design problem, but he is not going to tell them how to design it and they can take it from there. Ms. Thompson said she supports the relocation and thinks it’s a big improvement and likes that aspect and helps bring the Victorian to a bigger presence on the street. Ms. Greenwood agreed that she supports moving it forward as well. Mr. Lai said he has always been a proponent of buildings that are not so large in scale. However, looking at page 100, the property is flanked by two very large buildings. The site visit concerned him because he saw a cute little Victorian sandwiched between two very large buildings, especially the one on the east side. It makes no attempt to follow the Victorian form. He believes that most people who commented, live on the east side and worries that maybe they’re complaining about a building that is trying to mimic the Victorian form, and yet, your building itself is a big shoebox. He worries about this kind of criticism from people who have a shoebox as a building, saying that the smaller building isn’t to their liking. He said he knows he’s treading on a lot of toes here, but he doesn’t know what the solution is. Ms. Greenwood said if you look at the west elevation, it appears to be the same as the boxy condo building. Mr. Lai said he doesn’t have an answer for this, but just worries about the pot calling the kettle black and said it bothers him. Ms. Greenwood said she doesn’t feel the resource is the star player on the site and said the Victorian doesn’t get to respond back in a huge way because the building on the east is huge too. Mr. Blaich agreed and said he feels the west elevation is misleading because you’re looking at it as though there is nothing next to it. The solution lies in treating the original resource somewhat separately. Ms. Sanzone said that additional study is warranted and thanked them for the presentation and detail. They need additional time to study because it’s just not coming together. The most important aspect 7 6 REGULAR MEETING HISTORIC PRESERVATION COMMISSION JULY 24, 2019 for her, is 10.4 and the ability to go above 100 percent for the new addition. The connector is not providing the articulation that the board is looking for. They are just not convinced yet that we can see this amount of square footage on the site without the additional design refinement. Ms. Greenwood summarized that a reduction in floor area is important and that 10.9 is also an important guideline to meet all aspects. The connector needs to be smaller. She thinksthey would really enhance the design if there was a breakdown in scale. She thinks the garage and the five-foot setback is great. She said they should approach this from a pure restoration standpoint. She said the bonuses are determined on whether the restoration is good, bad or indifferent and she said it’s indifferent at this point. Ms. Thompson commented on the linking element and said to consider more gracefully how it meets the roof of the historic structure. It appears to die into the historic roof, and she doesn’t think that is appropriate. Ms. Greenwood asked everyone if they were on board with the continuance vote and everyone agreed. She said they are trying to give them some direction. Ms. Sanzone said there are a lot of clarifications needed and Ms. Greenwood said Ms. Simon can probably give them more direction on how to handle the redesign. Ms. Brewster asked a few questions to clarify what the board is looking for. She listed mass & scale, connector and drywell. Ms. Brewster asked about delisting the property due to its poor condition. Ms. Greenwood said they are always in poor condition and the board is not interested in delisting. Mr. Moyer also echoed that the board doesn’t delist, they save the resource, if at all possible. Ms. Greenwood said since it was not in the memo as something on the table for discussion, it’s not an option. Ms. Simon said it’s a question worth talking about because this property is on the threshold and what makes the most sense. Letting the resource disappear or doing a not so great restoration is the question at hand. There is more to find out on the property and there has to be more evidence to guide us for preservation. Ms. Brewster reminded them that they can’t explore until they do the abatement. Ms. Greenwood asked if they own the property and Ms. Brewster said yes. Ms. Greenwood said maybe they can do a site visit after the abatement process has started to take another look and said the board is here to help preserve the small-town quality as much as we can. MOTION: Mr. Blaich motioned to continue to August 28 th, Mr. Moyer seconded. All in favor, motion carried. Ms. Simon summarized the changes to the HPC benefits for the board. MOTION: Ms. Greenwood motioned to adjourn, Mr. Moyer seconded at 6:35 p.m. ______________________________ Nicole Henning, Deputy City Clerk 8 MEMORANDUM TO: Historic Preservation Commission FROM: Mike Kraemer, Senior Planner MEETING DATE: August 14th, 2019 RE: 201 E. Main Street, Historic Preservation Commission Minor Review - Public Hearing APPLICANT/OWNER: 201 East Main Street, LLC REPRESENTATIVE: Sara Adams, BendonAdams LLC LOCATION: 201 E. Main Street (Former Main Street Bakery location) PID#: 273718216005 CURRENT ZONING & USE Located in the Mixed-Use (MU) zone district and the Main Street Historic District. The property is developed with two historically designated masonry structures built in 1889 and a non-historic addition connecting the two structures. Former use of the property included, most recently, a bakery and restaurant. The building and property are currently vacant and under construction with a valid building permit that has focused on stabilization of the structure and preparation for an HPC approved demolition and replacement of the non-historic addition. PROPOSED LAND USE: The Applicant requests Minor Development Review, combined Commercial Design Review, including Growth Management Quota System (GMQS) Review, and Relocation of Designated Historic Properties for excavation of a subgrade basement for future commercial use and construction of a detached structure for trash/recycling containment and back of house functions, including restrooms. STAFF RECOMMENDATION: At the Applicant’s request, Staff recommends a continuance to the September 11th, 2019 HPC meeting date. Figure 1. 201 E. Main Street, looking west. 1965 Aspen Historical Society photo. 9 Page 2 of 2 REQUEST FOR A CONTINUANCE: On July 17th, 2019 the City of Aspen Development Review Committee (DRC) and the Applicant met to discuss the 201 E. Main Street proposal. At the meeting, representatives from City of Aspen Parks, Engineering, Building, Zoning, the Aspen Fire Protection District, and the Aspen/Pitkin County Housing Authority (APCHA) provided comments on the proposed development. Some of the comments offered, which included clarifications on certain topics, generated changes to the Applicant’s proposed site plan for the property and employee housing calculations. In turn, the Applicant is making changes to the application to satisfy the collective DRC comments and is requesting a continuance to the September 11th, 2019 HPC hearing date to allow additional time to accomplish these changes. STAFF RECOMMENDATION: Staff recommends a continuance of the request to the September 11th, 2019 meeting date. Continuing the hearing will preserve the City’s published public notice in the newspaper and the Applicant’s public notices for mailing and posting of the property. PROPOSED MOTION: “I move to continue the 201 E. Main Street Minor Development Review, combined Commercial Design Review, Growth Management Quota System (GMQS) Review, and Relocation of Designated Historic Properties, to September 11th, 2019.” 10 Page 1 of 4 130 South Galena Street Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com MEMORANDUM TO: Aspen Historic Preservation Commission FROM: Amy Simon, Historic Preservation Officer MEETING DATE: August 14, 2019 RE: 414-422 E. Cooper Avenue– Minor Development Review, Commercial Design Review, GMQS, Transportation and Parking, PUBLIC HEARING APPLICANT /OWNER: 414-422 East Cooper Avenue LLC, Mark Hunt, Manager, on behalf of JAS, proposed tenant REPRESENTATIVE: BendonAdams and Modif Design LOCATION: Street Address: 414-422 E. Cooper Avenue Legal Description: Lots, N, O and P, Block 89, City and Townsite of Aspen, Colorado Parcel Identification Number: PID# 2737-182-16-301 CURRENT ZONING & USE CC, Commercial Core, Retail, restaurant, office PROPOSED LAND USE: No change SUMMARY: The applicant proposes an interior remodel and minor exterior changes to the property located at 414-422 E. Cooper Avenue, three distinct structures on one lot, one of which is the historic Red Onion building. The property is landmark designated and located in the Commercial Core Historic District. The purpose of the project is to convert the upper floor of the Red Onion and the Red Onion offices to a new facility for JAS (Jazz Aspen Snowmass.) HPC is asked to perform design review as well as to review mitigation for affordable housing and parking. STAFF RECOMMENDATION: Staff recommends approval with conditions. 414-422 E. Cooper 11 Page 2 of 4 130 South Galena Street Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com REQUEST OF HISTORIC PRESERVATION COMMISSION (HPC) The Applicant is requesting the following land use approvals: • Minor Development (Section 26.415.070.C)- design review of alterations to a landmarked property. • Commercial Design Review (Section 26.412.070.C)- design review of development located in the Commercial Core Historic District. • Growth Management (Section 26.470.100)- determination of affordable housing mitigation. • Transportation and Parking (Section 26.515.060.C)- determination of transportation and parking mitigation. The Historic Preservation Commission (HPC) is the final review authority on the reviews listed above. The project is subject to Call-Up notice to City Council. An associated Administrative review is being processed concurrent with HPC’s hearing. The property sits within the foreground of the Wheeler Opera House view plane, and within the mid-ground of the Main Street view plane. The Wheeler Opera House view plane is the more restrictive of the two, and therefore supercedes. As depicted in the application, much of the second floor of the existing development intrudes into the view plane, and new infringements are to be created by a proposed alley addition, and rooftop mechanical and skylights. The new work may be approved through administrative review if it is found to meet the criteria of Section 26.415.050.E of the Municipal Code, which require the new elements to be invisible to the naked eye from the view plane’s point of origin. As HPC will note in the application, a number of diagrams have been provided to demonstrate that none of the proposed development can be seen from the observation point at the Wheeler. HPC should also be aware that a 2016 approval is in place related to the demolition and replacement of the existing structure at 422 E. Cooper. While the current application reconfigures the interior of that space, this project makes no other meaningful changes to the approval. Conditions of HPC Resolution #35, Series of 2016, permitting that work remain valid. STAFF COMMENTS: The applicable review criteria and staff findings in response to this application are detailed in Exhibits A-D. Staff finds that all of the criteria are met. Conditions of approval are included in the attached resolution. REFERRAL COMMENTS: The application was referred out to other City departments to preliminarily identify requirements that may affect permit review. The following is a summary of comments received. 12 Page 3 of 4 130 South Galena Street Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com Environmental Health: The project meets requirements for trash storage, with no further conditions. Building: Building requires further information to confirm that adequate egress paths are being provided from the proposed new “assembly space.” In addition, the plans will need to be amended to provide adequate fire protection at the wall openings along the common property line between 422 E. Cooper Avenue and 434 E. Cooper. Accessibility requirements resulting from this change in occupancy require further study. Finally, the applicant must work with Building to ensure that energy loss resulting from the new rooftop skylights is mitigated through the overall performance of the building. APCHA: Following final confirmation of the FTEs generated by the project during building permit review, APCHA supports mitigation through the use of Affordable Housing Credits. Parks: As the applicant plans for construction, Parks recommends that work be undertaken from the alley, rather than on the mall. Any access from the mall will require further discussion. If a new waterline is required, a tree dripline excavation permit may be needed. Engineering: Engineering has indicated that, if the project involves remodel of more than 50% of the current interior, the project will have to address water quality standards, likely through the development of green roofs. The applicant does not believe this threshold will be met. The project requires mitigation of transportation impacts, particularly vehicle trip calculations generated by new net leasable space. There are no opportunities that have been identified for an on-site solution. After meeting with Engineering, it appears that the applicant will undertake upgrades to bus stops and other transportation infrastructure identified as priorities by Engineering. Finally, Engineering requires the applicant to provide a new transformer serving this development and has indicated that the water service to the property may need to be upgraded. A transformer is currently planned for another site owned by this applicant, directly across the alley. Zoning: All rooftop mechanical equipment, ducts and screen walls must be set back from the street facing façade by at least 15’. Skylights are restricted to the minimum height required for weatherproof installation. The applicant should confirm some of their floor area calculations (please note that the project is well under the maximum for the site.) 13 Page 4 of 4 130 South Galena Street Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com RECOMMENDATION: Staff recommends HPC approve the proposal with conditions. ATTACHMENTS: Resolution #____, Series of 2019 Exhibit A- Minor Development/Staff Findings Exhibit B- Commercial Design Review/Staff Findings Exhibit C- Growth Management/Staff Findings Exhibit D- Transportation and Parking Mitigation/Staff Findings Exhibit E- Public Comment Exhibit F- Application 14 HPC Resolution #__, Series of 2019 Page 1 of 3 RESOLUTION #__, SERIES OF 2019 A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION GRANTING MINOR DEVELOPMENT, COMMERCIAL DESIGN REVIEW, GROWTH MANAGEMENT, AND TRANSPORTATION AND PARKING APPROVAL FOR THE PROPERTY LOCATED AT 414-422 E. COOPER AVENUE, LOTS N, O AND P, BLOCK 89, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID: 2737-182-16-301 WHEREAS, the applicant, 414-422 East Cooper Avenue LLC, represented by BendonAdams and Modif Architecture, has requested HPC approval for Minor Development Review, Commercial Design Review, Growth Management, Transportation and Parking mitigation for the property located at 414-422 E. Cooper Avenue, Lots N, O and P, Block 89. City and Townsite of Aspen, Colorado; and WHEREAS, the review is subject to the Municipal Code in place at the time of application completeness on June 11, 2019; and WHEREAS, a Development Review Committee meeting was held on July 17, 2019, resulting in referral comments from City departments which have been incorporated into the evaluation of this application; and WHEREAS, HPC reviewed the project on August 14, 2019. HPC considered the application, the staff memo, Development Review Committee comments, and public comments, and found the proposal consistent with the review standards and granted approval with conditions by a vote of __ to __. NOW, THEREFORE, BE IT RESOLVED: Section 1: Minor Development Review HPC hereby approves Minor Development, Commercial Design Review, Growth Management, Transportation and Parking mitigation for the project at 414-422 E. Cooper Avenue with the following conditions: 1. All conditions of approval related to the demolition and replacement of the structure at 422 E. Cooper Avenue, as expressed in HPC Resolution #35, Series of 2016, remain in effect. 2. At building permit review, the applicant must document the existing Second Tier Commercial Space on this site and verify that no reduction is occurring. Per Section 26.412.080.A of the Aspen Municipal Code, Second Tier Commercial Space Applicability, no portion of Second Tier Commercial Space may be used as storage, office, and the like, for another commercial space. No portion of the ground floor on this property may function as net leasable space serving the second floor use. 15 HPC Resolution #__, Series of 2019 Page 2 of 3 3. The new FTEs generated by this project and requiring affordable housing mitigation are approximately 0.02. All calculations used to determine the required mitigation will be confirmed during the building permit review process. The applicant may mitigate via Affordable Housing Credits or cash-in-lieu, which must be at a Category 4 level, provided prior to issuance of the permit. 4. The project involves an increase of approximately 1,760 square feet of new net leasable space with a mitigation requirement is 1.76 parking units, all of which can be mitigated through a cash-in-lieu fee of $38,000 per space. Final calculation of the new net leasable space will be confirmed during the building permit review process. 5. Transportation Impact Assessment and mitigation for new trips generated by the development will be finalized through Engineering during building permit review. 6. Applicant must coordinate with City Departments to address referral comments to the extent possible, prior to submitting for building permit review. 7. This approval is subject to the issuance of an administrative approval for development within a view plane. 8. The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 414-422 E. Cooper Avenue. Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. 16 HPC Resolution #__, Series of 2019 Page 3 of 3 The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 2: Material Representations 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 3: Existing Litigation This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: Severability If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY THE COMMISSION at its regular meeting on the _____ day of _______, 2019. Approved as to Form: Approved as to Content: _________________________________________________________________ _________________________________________________________ James R. True, City Attorney Gretchen Greenwood, Chair ATTEST: _________________________________________________________________ Nicole Henning, Deputy City Clerk 17 Page 1 of 4 Exhibit A Minor Development Staff Findings 26.415.070 No building, structure or landscape shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or a property located within a Historic District until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review. An application for a building permit cannot be submitted without a development order. 26.415.070.C. Certificate of appropriateness for a minor development. 3. The procedures for the review of minor development projects are as follows: a) The Community Development Director will review the application materials and if they are determined to be complete, schedule a public hearing before the HPC. The subject property shall be posted pursuant to Paragraph 26.304.060.E.3.b. b) Staff shall review the submittal material and prepare a report that analyzes the project's conformance with the design guidelines and other applicable Land Use Code sections. This report will be transmitted to the HPC with relevant information on the proposed project and a recommendation to approve, disapprove or approve with conditions and the reasons for the recommendation. The HPC will review the application, the report and the evidence presented at the hearing to determine the project's conformance with the City Historic Preservation Design Guidelines. c) The HPC shall approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny. If the application is approved, the HPC shall issue a certificate of appropriateness and the Community Development Director shall issue a development order. d) The HPC decision shall be final unless appealed by the applicant or a landowner within three hundred (300) feet of the subject property in accordance with the procedures set forth in Chapter 26.316. STAFF RESPONSE: Staff finds that the review criteria are met. The proposal complies with the applicable Historic Preservation Design Guidelines listed below. The exterior changes involved in this project are relatively minor and are primarily associated with the roofscape and an alley addition on the non-historic structure at 414 E. Cooper. The only impacts on the Red Onion structure are a rooftop skylight and the installation of glass deck railings on terraces flanking the buildings on each side. Staff finds that the proposed skylight is adequately recessed and low in profile to have no negative impact on the historic resource. 18 Page 2 of 4 Relevant Historic Preservation Design Guidelines 7.3 Minimize the visual impacts of skylights and other rooftop devices. • Skylights and solar panels are generally not allowed on a historic structure. These elements may be appropriate on an addition. 7.4 New vents should be minimized, carefully, placed and painted a dark color. • Direct vents for fireplaces are generally not permitted to be added on historic structures. • Locate vents on non-street facing facades. • Use historic chimneys as chases for new flues when possible. Commercial Design Guidelines 1.1 All projects shall provide a context study. • The study should include the relationship to adjacent structures and streets through photographs, streetscape elevations, historic maps, etc. 1.7 Develop alley facades to create visual interest. • Use varied building setbacks and/or changes in material to reduce perceived scale. 1.18 The roofscape should be designed with the same attention as the elevations of the building. • Consolidate mechanical equipment, including solar panels, and screen from view. • Locate mechanical equipment toward the alley, or rear of a building if there is no alley access. • Use varied roof forms or parapet heights to break up the roof plane mass and add visual interest. 1.19 Use materials that complement the design of the building facade. • Minimize the visual impact of elevator shafts and stairway corridors through material selection and placement of elements. 1.20 Incorporate green roofs and low landscape elements into rooftop design where feasible. 1.21 Minimize visibility of rooftops railings. • Mostly transparent railings are preferred. • Integrating the rooftop railing into the architecture as a parapet or other feature, may be appropriate considering the neighborhood context and proposed building style. 19 Page 3 of 4 • Set back the railing a distance that equals or exceeds the height of the railing. 1.22 Complete and accurate identification of materials is required. • Provide drawings that identify the palette of materials, specifications for the materials, and location on the proposed building as part of the application. • Physical material samples shall be presented to the review body. An onsite mock-up prior to installation may be required. 1.23 Building materials shall have these features: • Convey the quality and range of materials found in the current block context or seen historically in the Character Area. • Convey pedestrian scale. • Enhance visual interest through texture, application, and/or dimension. • Be non-reflective. Shiny or glossy materials are not appropriate as a primary material. • Have proven durability and weathering characteristics within Aspen’s climate. • A material with an integral color shall be a neutral color. Some variation is allowed for secondary materials. 1.26 The design of light fixtures should be appropriate to the form, materials, scale, and style of the building. 1.27 T rash and recycle service areas shall be co-located along an alleyway where one exists, and screened from view with a fence or door. • Screening fences shall be 6 feet high from grade (unless prohibited by the Land Use Code), shall be of sound construction, and shall be no less than 90% opaque, unless otherwise varied based on a recommendation from the Environmental Health Department. 1.28 Design trash and recycle areas thoughtfully and within the style of the building, with the goal of enhancing pedestrian and commercial uses along alleys. 1.29 Delivery areas shall be located along an alleyway where one exists. • Shared facilities are highly encouraged. 1.30 Mechanical equipment, ducts, and vents shall be accommodated internally within the building and/or co-located on the roof. • Screen rooftop mechanical equipment and venting with a low fence or recess behind a parapet wall to minimize visual impacts. 1.31 Minimize the visual impacts of utility connections and service boxes. • Group and discreetly locate these features. • Use screening and materials that compliment the architecture. 20 Page 4 of 4 1.32 Transformer location and size are dictated by City and utility company standards and codes. • Place a transformer on an alley where possible. • Provide screening for any non-alley location. 2.3 Development should be inspired by traditional late 19th-century commercial buildings to reinforce continuity in architectural language within the Historic District. Consider the following design elements: form, materials, and fenestration. Pick two areas to relate strongly to the context. • When relating to materials, use traditional application of materials commonly found in the Historic District, such as wood, brick and stone, and use similar texture and color to the historic context. • When relating to fenestration, large vertical windows on the ground level and punched vertical openings on upper levels, with a similar solid to void ratio, are appropriate. • When relating to form, note that rectangular forms are predominant with limited projecting or setback elements. Most roofs are flat, but some gables are present and these may be a reference for new design. 2.14 Architectural details should reinforce historic context and meet at least two of the following qualities. • Color or finish traditionally found downtown. • Texture to create visual interest, especially for larger buildings. • Traditional material: Brick, stone, metal and wood. • Traditional application: for example, a running bond for masonry. 21 Page 1 of 6 Exhibit B Commercial Design Guidelines Staff Findings 26.412.020.C Commercial Design Review, Applicability, Remodels C. Remodels. Where work is proposed on any element of an existing building that is addressed by the Commercial Design Review and that is not in compliance with the Commercial, Lodging or Historic District Design Standards and Guidelines or Section 26.412.070, Pedestrian Amenity, the applicant shall make a reasonable effort to bring that element into compliance. The Community Development Director may grant exceptions for remodels that would require significant additional work above and beyond the scope of the remodel in order to ensure that all features are brought into compliance. For example, consider an existing commercial building that is entirely stucco. A project to replace the ground level stucco material with high quality stone is proposed. The new proposed material is required to comply with the Commercial, Lodging or Historic District Design Standards and Guidelines. The upper level material that is not proposed to be replaced, and is not part of the limited scope of work of the project, is not required to comply. If the upper level stucco is disturbed during the application of the new ground level material (through enlargement of existing windows for example) then it must be brought into compliance with the Commercial, Lodging or Historic District Design Standards and Guidelines. 26.412.060. Review Criteria. An application for commercial design review may be approved, approved with conditions or denied based on conformance with the following criteria: A. Guidelines and Standards 1. The Commercial, Lodging and Historic District Design Standards and Guidelines are met as determined by the appropriate Commission. The Standards and Guidelines include design review criteria that are to be used to determine whether the application is appropriate. 2. All applicable standards in the Commercial, Lodging and Historic District Design Standards and Guidelines shall be met unless granted a Variation pursuant to Section 26.412.040.D, Variations. 3. Not every guideline will apply to each project, and some balancing of the guidelines must occur on a case-by-case basis. The applicable Commission must: a. determine that a sufficient number of the relevant guidelines are adequately met in order to approve a project proposal; b. weigh the applicable guidelines with the practicality of the measure. 22 Page 2 of 6 B. Pedestrian Amenity The proposed development meets the requirements of Section 26.412.070, Pedestrian Amenity. STAFF RESPONSE: Staff finds that the review criteria are met. The proposal complies with the applicable Commercial Design Guidelines from the General chapter and the Commercial Core Historic District chapter, listed below. The exterior changes involved in this project are relatively minor and are primarily associated with the roofscape and an alley addition on the non-historic structure at 414 E. Cooper. The proposal does not decrease any existing Pedestrian Amenity and does not require the provision of any additional Pedestrian Amenity. Relevant Commercial Design Guidelines 1.1 All projects shall provide a context study. • The study should include the relationship to adjacent structures and streets through photographs, streetscape elevations, historic maps, etc. 1.7 Develop alley facades to create visual interest. • Use varied building setbacks and/or changes in material to reduce perceived scale. 1.18 The roofscape should be designed with the same attention as the elevations of the building. • Consolidate mechanical equipment, including solar panels, and screen from view. • Locate mechanical equipment toward the alley, or rear of a building if there is no alley access. • Use varied roof forms or parapet heights to break up the roof plane mass and add visual interest. 1.19 Use materials that complement the design of the building facade. • Minimize the visual impact of elevator shafts and stairway corridors through material selection and placement of elements. 1.20 Incorporate green roofs and low landscape elements into rooftop design where feasible. 1.21 Minimize visibility of rooftops railings. • Mostly transparent railings are preferred. • Integrating the rooftop railing into the architecture as a parapet or other feature, may be appropriate considering the neighborhood context and proposed building style. 23 Page 3 of 6 • Set back the railing a distance that equals or exceeds the height of the railing. 1.22 Complete and accurate identification of materials is required. • Provide drawings that identify the palette of materials, specifications for the materials, and location on the proposed building as part of the application. • Physical material samples shall be presented to the review body. An onsite mock-up prior to installation may be required. 1.23 Building materials shall have these features: • Convey the quality and range of materials found in the current block context or seen historically in the Character Area. • Convey pedestrian scale. • Enhance visual interest through texture, application, and/or dimension. • Be non-reflective. Shiny or glossy materials are not appropriate as a primary material. • Have proven durability and weathering characteristics within Aspen’s climate. • A material with an integral color shall be a neutral color. Some variation is allowed for secondary materials. 1.26 The design of light fixtures should be appropriate to the form, materials, scale, and style of the building. 1.27 Trash and recycle service areas shall be co-located along an alleyway where one exists, and screened from view with a fence or door. • Screening fences shall be 6 feet high from grade (unless prohibited by the Land Use Code), shall be of sound construction, and shall be no less than 90% opaque, unless otherwise varied based on a recommendation from the Environmental Health Department. 1.28 Design trash and recycle areas thoughtfully and within the style of the building, with the goal of enhancing pedestrian and commercial uses along alleys. 1.29 Delivery areas shall be located along an alleyway where one exists. • Shared facilities are highly encouraged. 1.30 Mechanical equipment, ducts, and vents shall be accommodated internally within the building and/or co-located on the roof. • Screen rooftop mechanical equipment and venting with a low fence or recess behind a parapet wall to minimize visual impacts. 1.31 Minimize the visual impacts of utility connections and service boxes. • Group and discreetly locate these features. 24 Page 4 of 6 • Use screening and materials that compliment the architecture. 1.32 Transformer location and size are dictated by City and utility company standards and codes. • Place a transformer on an alley where possible. • Provide screening for any non-alley location. 2.3 Development should be inspired by traditional late 19th-century commercial buildings to reinforce continuity in architectural language within the Historic District. Consider the following design elements: form, materials, and fenestration. Pick two areas to relate strongly to the context. • When relating to materials, use traditional application of materials commonly found in the Historic District, such as wood, brick and stone, and use similar texture and color to the historic context. • When relating to fenestration, large vertical windows on the ground level and punched vertical openings on upper levels, with a similar solid to void ratio, are appropriate. • When relating to form, note that rectangular forms are predominant with limited projecting or setback elements. Most roofs are flat, but some gables are present and these may be a reference for new design. 2.14 Architectural details should reinforce historic context and meet at least two of the following qualities. • Color or finish traditionally found downtown. • Texture to create visual interest, especially for larger buildings. • Traditional material: Brick, stone, metal and wood. • Traditional application: for example, a running bond for masonry. 26.412.080. Second Tier Commercial Space The Aspen Area Community Plan establishes policies to encourage a balanced, diverse and vital commercial use mix that meets the needs of the year-round residents and visitors, and to facilitate the sustainability of essential businesses that provide basic community needs. These design standards ensure “second tier” space in commercial zones are maintained, allows for the redevelopment of commercial properties, maintains a meaningful ratio of commercial space that serves the day to day needs of residents and visitors, and allows for creative designs that add variety and interest to the City’s commercial areas. A. Applicability. 1. Development or redevelopment. This section applies to all new development and redevelopment in the CC, C-1, S/C/I, NC, and MU districts. Proposals that are 100% lodge 25 Page 5 of 6 projects shall be exempted from this requirement. Remodel and renovation activities that do not trigger demolition, and which maintain 100% of the existing second tier space present on the site are exempt from this Section. Changes to second tier space as a result of required accessibility or building code compliance are exempt from compliance with the section if demolition is not triggered. 2. Second Tier Commercial Space. See Section 26.104.100, Definitions. 3. Limitations. No portion of Second Tier Commercial Space may be used as storage, office, and the like, for another commercial space. For instance, if a retail shop is located on the ground floor, the basement Second Tier Commercial Space may not be used as the office or storage for that business, and must instead be an entirely separate space. B. Requirement. 1. The following minimum and maximum net leasable area shall be designed as second tier commercial space: Table 26.412.100-1 Zoning District Second tier commercial space provided Minimum Maximum Commercial Core (CC) 20% 75% Commercial (C-1) 25% 75% Service Commercial Industrial (S/C/I) 35% -- Neighborhood Commercial (NC) 35% -- Mixed Use (MU) 25% 50% 2. The redevelopment of any building that includes existing second tier commercial space shall provide the greater of fifty-percent (50%) of the existing space or the minimums outlined in Table 26.412.100-1. 3. In order to satisfy the requirements of this Section, issuance of the Certificate of Occupancy or Letter of Completion for ground floor commercial space is contingent upon the issuance of the Certificate of Occupancy or Letter of Completion for all second tier space located within the development. This includes the completion of all utilities, structural assemblies and other building accessibility requirements, and life safety elements necessary for the completion of inspections, to permit occupancy, and facilitate the intended use of the space. This may include the installation of HVAC systems, as well as grease traps, ventilation and fire suppression systems for restaurant, bar, bakery, commercial kitchen and related uses. An agreement, acceptable to the City Attorney, outlining the process for completion and occupancy of ground floor and second tier commercial space, to be signed by the Community Development Director, 26 Page 6 of 6 shall be required as part of the Development Documents, and shall be required prior to issuance of a core and shell or tenant finish building permit. 4. Pedestrian amenity is encouraged to provide access to second tier commercial spaces within a development. This access may be provided via a mid-block walkway accessing commercial space off the primary street frontage, a sub-grade courtyard, an internal enclosed courtyard, or access to upper level commercial areas. STAFF RESPONSE: The remodel of this building does not constitute “demolition,” therefore the property does not need to be brought up to the full compliance with Second Tier commercial space minimums. At the same time, the project cannot reduce the amount of Second Tier space that currently exists on the site. To achieve this, it will be required that no net leasable space related to the future upper floor tenant can exist on the ground floor of the building. The entry lobby serving the subject site and the adjacent development at 434 E. Cooper must only be a common lobby space with no box office, coat check or any other function exclusively related to the second floor tenant. A condition of approval to this effect is included in the resolution. The building permit will be required to demonstrate the existing and proposed Second Tier space and to verify that there will be no decrease (an increase is allowed.) 27 Page 1 of 5 Exhibit C Growth Management Staff Findings 26.470.100 Planning and Zoning Commission applications. The following types of development shall be approved, approved with conditions or denied by the Planning and Zoning Commission, pursuant to Section 26.470.060, 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 26.470.080. Except as noted, the following types of growth management approvals shall be deducted from the annual development allotments. Approvals apply cumulatively. A. Enlargement of an historic landmark for commercial, lodge or mixed-use development. The enlargement of an historic landmark building for commercial, lodge or mixed-use development shall be approved, approved with conditions or denied by the Planning and Zoning Commission based on the following criteria: 1) Up to four (4) 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 (4) and up to eight (8) employees shall be mitigated through the provision of affordable housing, affordable housing credits, or cash in lieu thereof. Sixty- five percent (65%) of the employee generation above eight (8) employees shall be mitigated through the provision of affordable housing, affordable housing credits, or cash in lieu thereof. For example: A project generating 15 employees shall require employee mitigation for a total of 5.75 employees, as follows: First 4 employees = 0 employee mitigation Second 4 employees mitigated at 30% = 1.2 employees Remaining 7 employees mitigated at 65% = 4.55 employees Affordable housing shall be approved pursuant to Section 26.470.080.D, Affordable Housing Mitigation. 26.470.080. General Review Standards. All Planning and Zoning Commission and City Council applications for growth management review shall comply with the following standards. A. Sufficient Allotments: Sufficient growth management allotments are available to 28 Page 2 of 5 accommodate the proposed development, pursuant to Subsection 26.470.040.B. Applications for multi-year development allotment, pursuant to Paragraph 26.470.110.A shall be required to meet this standard for the growth management years from which the allotments are requested. B. Development Conformance: The proposed development conforms to the requirements and limitations of this Title, of the zone district or a site specific development plan, any adopted regulatory master plan, as well as any previous approvals, including the Conceptual Historic Preservation Commission approval, the Conceptual Commercial Design Review approval and the Planned Development – Project Review approval, as applicable. C. Public Infrastructure and Facilities. The proposed development shall upgrade public infrastructure and facilities necessary to serve the project. Improvements shall be at the sole costs of the developer. 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. D. Affordable Housing Mitigation. 1) For commercial development, sixty-five percent (65%) of the employees generated by the additional commercial net leasable space, according to Section 26.470.050.B, Employee generation rates, shall be mitigated through the provision of affordable housing. 2) For lodge development, sixty-five percent (65%) of the employees generated by the additional lodge pillows, according to Section 26.470.050.B, Employee generation rates, shall be mitigated through the provision of affordable housing. For the redevelopment or expansion of existing lodge uses, see section 26.470.100.H. 3) For the redevelopment of existing commercial net leasable space that did not previously mitigate (see Section 26.470.070.F), the mitigation requirements for affordable housing shall be phased at 15% beginning in 2017, and by 3% each year thereafter until 65% is reached, as follows: 29 Page 3 of 5 Development Order applied for during calendar year - Mitigation required (percent of employees generated by the existing space that has previously not mitigated) 2017 15% 2018 18% 2019 21% 2020 24% 2021 27% 2022 30% 2023 33% 2024 36% 2025 39% 2026 42% 2027 45% 2028 48% 2029 51% 2030 54% 2031 57% 2032 60% 2033 63% 2034 65% 4) Unless otherwise exempted in this chapter, when a change in use between development categories is proposed, the employee mitigation shall be based on the use the development is converting to. For instance, if a commercial space is being converted to lodge units, the mitigation shall be based on the requirements for lodge space, outlined in subsection 2, above. Conversely, if lodge units are being converted to commercial space, the mitigation 30 Page 4 of 5 shall be based on the requirements for commercial space, outlined in subsections 1 and 3, above. 5) For free-market residential development, affordable housing net livable area shall be provided in an amount equal to at least thirty percent (30%) of the additional free-market residential net livable area. 6) For essential public facility development, mitigation shall be determined based on Section 26.470.110.D. 7) For all affordable housing units that are being provided as mitigation pursuant to this chapter or for the creation of a Certificate of Affordable Housing Credit pursuant to Chapter 26.540, or for any other reason: a. The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing Authority, as amended. A recommendation from the Aspen/Pitkin County Housing Authority shall be required for this standard. b. Required affordable housing may be provided through a mix of methods outlined in this chapter, including newly built units, buy down units, certificates of affordable housing credit, or cash-in-lieu. A recommendation from the Aspen/Pitkin County Housing Authority shall be required for this standard, and the approved forms of mitigation methods shall be based on this recommendation. c. Affordable housing that is in the form of newly built units or buy-down units shall be located on the same parcel as the proposed development or located off-site within the City limits. Units outside the City limits may be accepted as mitigation by the City Council, pursuant to Section 26.470.110.B. When off-site units within City limits are proposed, all requisite approvals shall be obtained prior to approval of the growth management application. d. Affordable housing mitigation in the form of a Certificate of Affordable Housing Credit, pursuant to Chapter 26.540, shall be extinguished pursuant to Section 26.540.120, Extinguishment and Re-Issuance of a Certificate, utilizing the calculations in Section 26.470.050.F, Employee/Square Footage Conversion. e. If the total mitigation requirement for a project is less than .25 FTEs, a cash-in-lieu payment may be made by right. If the total mitigation requirement for a project is .25 or more FTEs, a cash-in-lieu payment shall require City Council approval, pursuant to Section 26.470.110.C. f. Affordable housing units shall be approved pursuant to Paragraph 26.470.100.D, 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. 31 Page 5 of 5 g. Each unit provided shall be designed such that the finished floor level of fifty percent (50%) or more of the unit's net livable area is at or above natural or finished grade, whichever is higher. This dimensional requirement may be varied through Special Review, Pursuant to Chapter 26.430 8) Affordable housing units that are being provided absent a requirement ("voluntary units") may be deed-restricted at any level of affordability, including residential occupied (RO). STAFF RESPONSE: The subject property is a historic landmark, related to the Red Onion building. This application was submitted before the effective date of the recent code amendments, while affordable housing exemptions for landmarks were still in place. The application includes a calculation of the number of FTEs (full-time equivalent employees) represented by the existing development on this site, and the number of FTEs associated with the site after completion of the proposed project. The net increase in employee generation is 4.07 FTEs. As a landmark, the project is exempt from mitigation of the first four employees. The remaining balance of 0.07 FTEs must be mitigated at a rate of 30%, so mitigation is due for 0.02 FTEs. The applicant proposed to mitigate by providing Certificates of Affordable Housing Credits generated from housing developed on sites elsewhere in Aspen. This solution is permitted by the Municipal Code and supported by staff and APCHA. Because of the relatively small amount of mitigation due, the applicant also has the right to provide cash-in-lieu, rather than credits. All calculations used to determine the required mitigation will be confirmed during the building permit review process and the credits or cash-in-lieu, which must be at a Category 4 level, must be provided prior to issuance of the permit. Staff finds the criteria for GMQS exemption for landmarks, and the General Review Standards for Growth Management are met. 32 Page 1 of 1 Exhibit D Transportation and Parking Mitigation Staff Findings 26.515.060.C. Review Criteria. All development and redevelopment projects are required to submit a Mobility Plan, which shall include and describe a project’s mitigations for TIA and Parking Requirements. The Engineering, Transportation, and Community Development Department staff shall determine whether the project conforms to this Chapter requirements using the following standards: 1. Project TIA and the resulting mitigation program meets requirements for exempt, minor, or major project categories as outlined in the TIA Guidelines. 2. Project provides full mitigation for the Parking Requirements pursuant to Section 26.515.050. 3. If existing development is expanded, additional Parking Requirements shall be provided for that increment of the expansion. 4. If existing development is redeveloped, on-site parking deficits may not be maintained unless all parking, or at least 20 spaces are provided as Public Parking. Projects failing to meet the requirements of this section may apply for a variation to the Planning and Zoning Commission through the Special Review process (Section 26.430 and Section 26.515.080). STAFF RESPONSE: The parking requirement for the project is based on the degree to which new parking demands are generated by the proposal. The project involves an increase of approximately 1,760 square feet of new net leasable space, primarily resulting from the enclosure of the alley facing second floor deck at 414 E. Cooper. The mitigation requirement is 1.76 parking units (1 space per 1,000 square feet of new net leasable area), all of which can be mitigated through a cash-in-lieu fee of $38,000 per space according to the Parking Requirements for the Commercial Core Zone District. The applicant is also required to provide a Transportation Impact Assessment and mitigate for new trips generated by the development through measures deemed appropriate by the Engineering Department. In this case, Engineering is interested in the applicant funding off-site improvements of benefit to the community, in particular upgrades to bus stops. This form and extent of mitigation will be finalized through Engineering during building permit review. 33 From:Evan Wyly To:Amy Simon Subject:Hearing Aug 14 - 130 S. Galena Date:Monday, August 5, 2019 3:58:54 PM Amy, I’d appreciate your consideration of our objection to the second-floor expansion along the alley for 130 S. Galena. We live directly across the alley on the second floor of 419 E. Hyman. 1. Just because it is an alley, it should still look nice and clean. That is our view from our residence. 2. Expansion upward or toward the alley would kill our view of Aspen mountain. Attached is a photo of our view from one of our windows of our residence. 34 From:Isabelle Gruet To:Amy Simon Cc:Jim Horowitz; Holly Upper Subject:Historic Red Onion Project Date:Wednesday, August 7, 2019 4:14:27 PM To the City of Aspen HPC Department The matter of this letter is to support the wonderful project of renovating the Historic Red Onion building into a Center dedicated to the Jazz Aspen Snowmass education and entertainment Program. This would be a great addition to the City of Aspen, complementing the Music School Festival of Aspen and keeping Jazz Music alive which, we think, is part of America History. Stanley and Isabelle Starn 35 From:James Levine To:Amy Simon Subject:In Support of JAS Center Date:Thursday, August 8, 2019 1:22:31 PM Dear Ms. Simon, My name is James S. Levine and I am an active board member for Jazz Aspen Snowmass. I am writing in support of the proposed JAS Center. The JAS Center will provide a home base for our organization which has been thriving. Since joining the board in 2014, I have witnessed our leadership not only build the readily visible Labor Day event and JAS Cafe series, but also grow our core commitment to young musicians looking to further their musical education. As our organization has grown, we have been searching for a permanent home for our students, visiting artists, and educators while also trying to serve our need for a performance venue dedicated to celebrating Jazz, Aspen, and our collective commitment to the arts. What better way to inspire our students and community to celebrate Jazz, one of America’s greatest art forms, than by honoring the core of Aspen with a performance and education space that embraces our love for the arts along with our mission to provide the resources students desperately need at these times. As a professional musician and composer I can point to a few very specific teachers, mentors, and opportunities from my youth that lit the spark for me to become a creative professional. I know that the new JAS Center will have the ability to ignite that fire for our students and do so much more! Sincerely, James S. Levine (310) 614-4210 James S. Levine • jslmusic@mac.com 36 From:donna slade To:Amy Simon Subject:JAS & Red Onion Date:Thursday, August 8, 2019 12:09:57 PM Dear Ms. Simon, I am writing in support of Jazz Aspen/Snowmass and their desire to occupy the top floor of the wonderfully historic Red Onion. I can't imagine a better fit for our community, the downtown core and out of town guests. The redesigned interior on the second floor that JAS has for the property is mindful of the long history of The Red Onion. Locals and visitors will enjoy a venue that when transformed will bring back those nostalgic days of Jazz that Aspen enjoyed with the likes of Billy Holiday and others. And JAS is an organization that has grown with Aspen and Snowmass for the last 30 years. They are hard-working, conscientious of the community they work and live-in and try the hardest of any non-profit in town to remain dedicated to our community's character. I can't imagine a better steward of this property and it's incredible history and building design. I hope the HPC will consider JAS the most desirable choice for this exciting project! Thanks, Donna Slade You can also call: 917.670.9609 37 From:Don Rosenberg To:Amy Simon Subject:JAS application Date:Friday, August 9, 2019 9:48:28 AM I am writing in support of JAS Center application. the "new home" would be an incredible asset to the whole community, as music and the developmental learning will bring diverse folks together. A much needed dedicated space for practice and music development will be fundamental to students to grow and prosper. Thank you, Don Rosenberg 38 From:Randa Weiner To:Amy Simon Cc:KC WEINER; jhorowitz@jazzaspensnowmass.org Subject:JAS Aspen Snowmass Red Onion Redevelopment Public Hearing on 8/14/19 Date:Thursday, August 8, 2019 9:15:49 AM To: City of Aspen Historic Preservation Committee From: Randa and K. C. Weiner As long time National Council Member supporters of JAS Aspen Snowmass (JAS), we are writing this letter in support of JAS’ request to establish the JAS Center in the Red Onion Building. We think the proposed JAS Center, with its dual purpose to entertain and educate Aspen Valley residents and visitors, will fill a vital niche the Aspen Core. Randa Weiner 713/392-0002 39 From:Meg Albright To:Amy Simon Subject:Jas Aspen Date:Wednesday, August 7, 2019 1:30:24 PM I just wanted to express my support for Jas Aspen to be able to occupy the 2nd floor of the Historic Red Onion. I visited Aspen 2 years ago and the Jas club was on my “to do” list. We had an awesome time! I loved the Red Onion. The details on the back of the menu took my breath away! I am a huge Billy Holiday fan and to be in a place where SHE actually sang blew me away. I think this would be an extremely special place to have the Jas Cafe upstairs. I hope to visit again soon and look forward to visiting the Red Onion and its OWN Jas Aspen! Meg Albright 2044 NE Christopher Court Jensen Beach, FL 34957 772 529 8884 40 From:Melvyn Klein To:Amy Simon Subject:JAS at the Red Onion Date:Wednesday, August 7, 2019 1:39:59 PM I support the application by JAS to redevelop the Red Onion as a home and performance facility in the center of Aspen improving the quilt of cultural offerings of this exceptional city. 41 From:Fran Blum To:Amy Simon Subject:Jas Cafe Date:Friday, August 9, 2019 9:24:08 AM Hi Amy: Jas Aspen has been a wonderful addition to the cultural climate. We’ve enjoyed many evenings and the diversity that’s offered here. A permanent home is in order—they shouldn’t have to depend on availability of other venues. The Red Onion sounds like a great idea. Thanks for listening, Fran Blum Sent from my iPhone 42 From:Adelaide Waters To:Amy Simon Subject:JAS Center - please approve Date:Thursday, August 8, 2019 7:51:43 AM Dear Historic Preservation Committee members, I am a friend of JAS writing to recommend approval of JAS’ application to establish a JAS center. Approval should be a simple process, as there are no variance requests from existing or local building codes. The JAS academy, local music education programs, and JAS cafe have proven their value to our community and deserve your approval of their project plan for the JAS Center in downtown Aspen. Adelaide Waters970-683-8370 43 From:Herschel Ross To:Amy Simon Subject:JAS Center Date:Wednesday, August 7, 2019 6:11:13 PM Amy, I strongly support the establishment of the JAS Center and approval of it’s application. Thanks you, Herschel Ross, former Pitkin County Commissioner 44 From:Katha Rossein To:Amy Simon Subject:JAS CENTER Date:Wednesday, August 7, 2019 4:07:58 PM Dear Amy Simon We are writing to express our support for the application for redevelopment of the 2nd floor Red Onion building for a new JAS Center. We strongly believe that Jazz Aspen Snowmass is an incredible asset for our entire Roaring Fork Valley community both in terms of the incredible musicians it brings to our area but also it's importance as exposure to cultural diversity. Additionally, JAS’ local music education programs and the JAS Academy have grown tremendously creating a need for venue space to gather students for classes, rehearsals and performances. Please vote yes on this application. Yours, Katha Rossein and Ron Razzore 45 From:thomas levitt To:Amy Simon Cc:hupper@jassaspensnowmass.org Subject:JAS Center Date:Wednesday, August 7, 2019 1:58:40 PM Dear Ms. Simon, I strongly support the creation of the JAS Center on the second floor of the Red Onion building. JAS has been a unique and irreplaceable contributor to the Aspen/Snowmass lifestyle for many years by showcasing some of the best live jazz musicians in the world. The addition of the JAS Center to the already vibrant Aspen music scene will help cement our reputation as a world-class resort. Thank you, Tom Levitt tilevitt@gmail.com (602) 418-9200 48 Summit Lane Snowmass Village, CO 81615 46 From:Curtis, Andrew L. To:Amy Simon Subject:JAS in downtown Aspen Date:Wednesday, August 7, 2019 2:47:31 PM To whom it may concern, I am writing in support of Jazz Aspen Snowmass and their plans to purchase the 2nd floor space of the Red Onion building. I have been a resident of Aspen for 12 years and have been an active supporter in all of the art and culture programs happening in and around aspen for years. Fostering live music and performances in the downtown core should be of paramount priority for the city’s long term goals. We are seriously lacking venues such as this in our community and I am fervently in favor of JAS’s plans to create a vibrant and entertaining addition to Aspen’s downtown core. Thank you, Andy Curtis ANDY CURTIS DIGITAL CONTENT MANAGER | MARKETING ASPEN SKIING COMPANY W: 970-300-7014 | M: 774-487-8975 [/Users/acurtis/Library/Containers/com.microsoft.Outlook/Data/Library/Caches/Signatures/signature_520383356]Snowmass | Aspen Mountain | Aspen Highlands | Buttermilk The Little Nell | Limelight Hotels | Give A Flake<https://nam03.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.aspensnowmass.com%2Finside-aspen-snowmass%2Fgive-a- flake&data=02%7C01%7Camy.simon%40cityofaspen.com%7C5c857f465b7a4a10f91008d71b7876a8%7Cc4570712a4ca4c34bc078437c5f0c65e%7C0%7C1%7C637008076507755885&sdata=%2FSfl5sFvJ4RXoD89qq2BTdplHu2DwhoZ4DmmrSF1fFA%3D&reserved=0> Voted SKI Magazine’s Resort of the Year 2019: Best of the West 47 From:Snow To:Amy Simon Subject:JAS support Date:Wednesday, August 7, 2019 4:08:58 PM To whom it may concern; I am writing to you in support of JAS Jazz Aspen Snowmass and the potential move into the buildings on Cooper Street mall. I have been an appreciator of Jazz Aspen since the second year of its existence. I have been a volunteer, a part-time employee, and finally an audience member but I’ve always been a fan. As an Aspen resident I feel so lucky to have a jazz program of such a high caliber in our valley. Aspen has high standards for cultural activities and JAS is a sophisticated part of this collection. I am very happy for the possibility that JAS will have a permanent home downtown. It’s exciting to think that the Red Onion will get a revival by more people enjoying it. I hope you will support this transformation. Thank you. Sincerely, Snow Simms 48 From:aserealty@comcast.net To:Amy Simon Subject:JAS Support Date:Wednesday, August 7, 2019 2:22:03 PM Dear MS. Simon, Hope this finds you well. Congratulations on your daughter's graduation. Please put me on the list of supporters for the Red Onion project. I have worked with the organization since it was founded and find its leadership to be outstanding. Keep Aspen Groovy, Michael Buysse Aspen Sent from my BlackBerry — the most secure mobile device 49 50 From:Rick Crandall To:Amy Simon Subject:Jazz Aspen and the Red Onion. Date:Thursday, August 8, 2019 7:47:15 AM Amy, Perhaps you may recall that you and I had a lot of interaction with each other way back when I was involved with the Fox Crossing project. Now with the clock wound years forward I would like to support the Jazz Aspen Snowmass prospect of remodeling and occupying the second floor of the Red Onion and adjacent spaces. JAS is doing so much for the community and also offers real activity for residents and visitors who walk around downtown I fully appreciate how historic is the Red Onion building but JAS coming in is so incredibly consistent with its past. I have seen photo evidence that one of the all-time greats, Billy Holiday, performed at the Red Onion as early as the early 1950’s (and others like Oscar Peterson) and the JAS plan would be as close to returning the building to its roots as anything I can think of. Also it became clear in the recent June JAS Experience, a New-Orleans style walkaround to multiple jazz venues, that this is a highly popular activity for Aspen and that we barely have enough spaces that can house intimate, 150-attendee jazz performances. I think something like 1000 people enjoyed that new style of entertainment with tremendous buzz around town. If that results in say 1300 people wanting to attend next June, I have no idea where they are going to find enough venues. This plan for Red Onion would be a great addition that would not only support the increased popularity of JAS June, but would also be a great place for other meetings and performances, not to mention that it would double as a location for the JAS Academy, which is also expanding and attracts top-notch jazz students from around the country to Aspen to improve their skills. I hope you see the goodness for Aspen in this project. Rick Crandall www.linkedin.com/in/rlcrandall Mobile: 970-379-1305 Please see my new book, a memoir about climbing the highest 14,000’ mountains in the Rockies with Emme, my incredible Australian terrier, www.RickCrandallBooks.com 51 From:H M Kurzman To:Amy Simon Subject:Jazz Aspen Snowmass Date:Wednesday, August 7, 2019 3:47:52 PM Dear Ms. Simon, Anybody that loves Jazz knows what an asset to the community we have in JAS. It amazes me how well the organization has functioned with such uncertainty in terms of performance space and such limited facilities for its student programming. A solution to both these limitations seems in hand. As a National Council Member I am writing to strongly endorse the JAS permit application and hope you will support it as well. Thank you! Mike Kurzman Sent from my iPhone 52 53 From:Di Ianni, Donna M - ASPEN CO To:Amy Simon Subject:Jazz Aspen Snowmass Date:Thursday, August 8, 2019 1:58:30 PM Attachments:image002.png Dear Amy, For the past 20 years I have been involved with Jazz Aspen Snowmass. The Jazz café has transformed the organization with top talent coming to Aspen in one of 4 small venues around town. The café moves around depending on availability of space at the different venues. As a result, JAS has limited flexibility to schedule artists at times they are available and at preferred times, like key holidays, when people are in town. Having a home of their own would provide more consistency in programming and would be a wonderful community asset. In addition, I have firsthand seen the work that JAS is doing in schools in the valley, a permanent location would enhance the 13 or so programs that JAS currently runs in the schools. I hope you will be in favor of JAS having a permanent home here in Aspen. Thank you, Donna Di Ianni Donna M Di Ianni, CRPC® Managing Director Senior Financial Advisor, Portfolio Manager Merrill Lynch Wealth Management Di Ianni & Associates 449 East Hopkins Avenue Aspen, CO 81611 T 970-429-2201 M 888-368-6023 Fax 970-372-5652 Donna_M_Diianni@ML.com www.fa.ml.com/dmd LinkedIn Named to: Forbes "Best-in-State Wealth Advisors" list February 2019 and Forbes “America’s Top Women Wealth Advisors” list April 20191. Barron's "Top 1,200 Financial Advisors" list March 2019 and Barron's "Top 100 Women Financial Advisors" list June 20192. The Financial Times Top 400 Financial Advisors (FT 400) March 20163. 1Forbes is a trademark of Forbes Media LLC. All rights reserved. Rankings and recognition from Forbes/SHOOK Research are no 54 guarantee of future investment success and do not ensure that a current or prospective client will experience a higher level of performance results and such rankings should not be construed as an endorsement of the advisor. 2Barron's is a trademark of Dow Jones & Company, Inc. All rights reserved. Rankings and recognition from Barron's are no guarantee of future investment success and do not ensure that a current or prospective client will experience a higher level of performance results and such rankings should not be construed as an endorsement of the advisor. 3The Financial Times Top 400 Financial Advisors (FT 400) is an independent listing produced by the Financial Times (March, 2016). All rights reserved. Rankings and recognition from the Financial Times are no guarantee of future investment success and do not ensure that a current or prospective client will experience a higher level of performance results and such rankings should not be construed as an endorsement of the advisor. NMLS#: 515832 This message, and any attachments, is for the intended recipient(s) only, may contain information that is privileged, confidential and/or proprietary and subject to important terms and conditions available at http://www.bankofamerica.com/emaildisclaimer. If you are not the intended recipient, please delete this message. 55 From:Lorrie B. Winnerman To:Amy Simon Subject:Jazz Aspen Snowmass Date:Friday, August 9, 2019 7:51:26 AM Good Morning, Amy- This is to encourage you to approve the use above the Red Onion to be a music facility. With the Paepke’s bringing music, culture, intellect to Aspen in the late 1940’s, early 1950’s, this would be a beautiful tribute to their Aspen Idea. And, how wonderful to bring more music to the street for future summers!! Thanks so much for listening! Most sincerely, -- Lorrie B. Winnerman Broker Associate | Compass 625 E. Hyman Ave. Aspen, CO 81611 O: (970) 925-6063 C: (970) 618-7772 56 57 From:William Budinger To:Amy Simon Subject:Jazz Aspen Support Date:Thursday, August 8, 2019 12:10:05 PM Hi Amy, I’d like to express my support for the JAS Center above the Red Onion. As a resident of Aspen for more than 20 years I fully support the new JAS Center and I believe this will be a wonderful addition to our community. Best, Bill Budinger bbaspen@me.com 58 From:Kirstie Steiner To:Amy Simon Subject:Jazz Aspen Date:Wednesday, August 7, 2019 9:36:19 PM We live in Glenwood,without Jazz Aspen our visits to Aspen would curtail. For them to have a permanent home would help us to do business with them. The Red Onion is a great place , we don’t want to drive to some other office not in town. We also enjoy shopping while there. Sent from my iPad 59 From:Shelly Friedstein To:Amy Simon Subject:Jazz Center Date:Wednesday, August 7, 2019 3:05:12 PM The ability to have a Jazz Center for Aspen would be a great addition to the arts world. As a Chairman Emeritus, it has become increasing difficult to find both performance and practice space. The project provides a great opportunity. Best, Shelly 60 From:Nancy Billings To:Amy Simon Subject:JAZZ in Aspen Date:Wednesday, August 7, 2019 9:01:15 PM Dear city of Aspen, I have owned a home for 20 years and loved this town. I have been here since Jimmy Horowitz started this program and have enjoyed every moment of every concert. JAS has given so much to this town and has brought so much life and enjoyment to both its residents and visitors throughout the years. The Aspen Music School and the JAS experience is a perfect blend of music at its finest in this country. It is my recommendation that this new concept of the JAS Center would be a very positive experience for everyone in this awesome town and become the center of Jazz in our country. Thank you so much for reading and considering my thoughts Nancy Billings, lover of all music. 61 From:Judith Barnard To:Amy Simon Subject:letter for JAS Date:Wednesday, August 7, 2019 1:46:22 PM To the HPC: We strongly support, and are delighted with the concept of, a JAS home on the Cooper Avenue Mall, above the Red Onion. Of Aspen's many riches--AMFS, the Institute, Anderson Ranch, the AAM, Aspen Santa Fe Ballet, not to mention a few mountains for stellar hiking-- JAS provides its own unique approach to music and the world at large, through trenchant lyrics and excellent performances. The fact that JAS needs a permanent home has long been apparent to those of us who support it, and to place that home in a commercial area, blending into that side of Aspen, seems perfect. We urge you to support this project. Judith Barnard Michael Fain 413 W. Smuggler Aspen 62 From:Ellen Taylor, MD To:Amy Simon Subject:Letter of support for JAS Center Date:Wednesday, August 7, 2019 3:39:13 PM We strongly support JAS's request to establish The JAS Center in the heart of Aspen. We truly believe that creating a physical space in Aspen is an important opportunity for JAS and the international community of music. Ellen L. Taylor, M.D. and Bruce T. Taylor, M.D. 65 Timbers Club Court Unit K2 Snowmass Village, Colorado 81615 3311 Midfield Road Pikesville, MD 21208 63 From:Joe Felson To:Amy Simon Subject:Letter of Support for JAS Proposal at the Red Onion Date:Friday, August 9, 2019 8:57:20 AM Dear Amy, This letter is in support of the proposed project on the site commonly referred to as the Red Onion sponsored by Mark Hunt, and for the benefit of JAS (Jazz Aspen Snowmass). As a part time resident of Aspen, I believe this project will fill a much needed niche for a high level performance, educational and cultural space. Given the high level of community support for JAS programming, there is no doubt the project will be a successful addition to the many contributions to the arts that Aspen has to offer. We urge you to approve the project as proposed. Thank you, Joe and Sherry Felson 36 Ute Place Aspen 64 From:Dana Murray To:Amy Simon Subject:Letter of support for Jazz Aspen Date:Thursday, August 8, 2019 12:09:08 PM Please approve jazz Aspen ‘s purchase of the second floor of the Red Onion as a performance venue. Aspen Snowmass needs to support this terrific organization with a permanent home. Dana Murray , Snowmass homeowner Sent from my iPhone 65 From:Don Lucoff To:Amy Simon Subject:Letter of Support for Jazz Aspen Date:Thursday, August 8, 2019 10:29:53 PM I am writing on behalf of my firm DL Media which has supported JAS since their founding nearly 30 years ago. I am heartened by the fact that Aspen has played a key leadership role in the development of jazz presentation and education outreach in the Roaring Fork Valley. The organization’s vision led by Jim Horowitz has also had a positive impact on other state-wide jazz venues, clubs and organizations in Telluride, Vail, and Denver. Their year around programming will finally have a home base at the JAS Center which will allow for an expanded scope of performers and opportunities as their build on their year around model. With the prospect of JAS securing a building in Downtown Aspen, they are taking the initial step in the Rocky Mountain region that will successfully follow other storied jazz institutions that house performance and outreach in cities as culturally diverse as St. Louis, Pittsburgh, Detroit, San Francisco, New York, among others. If you have further questions fell free to reach me at my info below. - Don Lucoff DL Media, Inc. 1901 S. 9th St. Room 516 Philadelphia PA. 19148 Tel: 267-541-2784 Cell: 610-420-8470 Email: don@dlmediamusic.com Skype: donlucoff Website: dlmediamusic.com 66 From:Nancy Magoon To:Amy Simon Date:Thursday, August 8, 2019 7:58:19 AM Jazz needs a home Jazz Aspen contributes so much to the cultural life of Aspen The artists are from all countries all races I will be very disappointed on all levels if this does not get approved by the city 67 From:Salome Zikakis To:Amy Simon Subject:Please approve JAS" request to establish the JAS Center Date:Wednesday, August 7, 2019 1:44:41 PM A permanent home for the JAS Center in the historic Red Onion building would be an ideal merging of this iconic building with the iconic purpose of JAS. One of the primary wonderful features of Aspen, other than the surrounding natural beauty, is the plethora of cultural options. Having a permanent home for the JAS Cafe and the JAS June Experience, as well as the many music education programs, particularly in this central location on the Cooper Avenue Mall, can only add to the epicness of Aspen. Please approve JAS' request to establish the JAS Center on the second floor of the Red Onion building. Salome Zikakis 954-614-0124 68 From:Helga Fisch To:Amy Simon Subject:Please support the new JAS permanent home Date:Wednesday, August 7, 2019 11:51:48 PM As a contributor to Jazz Aspen Snowmass, I’d like to ask you to please support JAS’ application for redevelopment of its first permanent home to house its year-round JAS Café performances and many music education programs. The JAS Center gives JAS the ability to sustain and grow all its Mission Driven Initiatives. Besides addressing JAS’ long term ability to further serve the community, the JAS Center will be a game changer for downtown Aspen’s core, filling a niche in the market for a small to mid-sized venue versatile enough to handle seated audiences of 125 – 250 persons. Thank you, Helga Fisch 69 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM June 10, 2019 Updated August 2, 2019 Ms. Amy Simon Community Development Department City of Aspen 130 So. Galena St. Aspen, Colorado 81611 RE: JAS at the Red Onion Ms. Simon: Please accept this application for an Administrative Viewplane Review, Minor Historic Preservation Review, Consolidated Commercial Design Review, and Growth Management Review to convert an existing second floor rear deck to interior space for Jazz Aspen Snowmass. Minor interior and exterior changes are proposed as part of the expansion. 414-422 East Cooper Avenue owns and manages the Red Onion Offices. The Red Onion property is a 9,000 sf lot located in the Commercial Core (CC) Zone District that includes 3 buildings: 414 East Cooper - the adjacent newer construction to the west (where Natural Pet and Aether are located); 420 East Cooper – the historic landmark; and 422 East Cooper - a non-historic building to the east that is approved for demolition and replacement. The Red Onion property is listed on the Aspen Historic Inventory and is on the National Register of Historic Places. Figures 1 and 2: Current condition (top) and older photograph (below). 70 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM 434 E Cooper/422 E Cooper 2016 approval In 2016 HPC approved the demolition and replacement of the existing structures at 422 and 434 East Cooper Avenue. A completely new building was approved for 434 East Cooper and 422 East Cooper was approved to function as commercial space and general access to 434 East Cooper. The project approvals are vested until May 4, 2020 and are being pursued by the property owner. 422 East Cooper is located on the subject property of this application and minor interior and exterior changes are proposed – the general purpose of the space as a combination of commercial and access remains the same. Exterior changes: The approved second floor is proposed to shift forward 4” toward the Cooper Mall to accommodate required fire rated stairs. The previously inaccessible roof area is proposed to become a deck. A new door is proposed to access the deck area. Interior changes: The circulation corridor is proposed to flip from the west wall to the east wall. Access to the second floor of the historic Red Onion and the Red Onion Offices is proposed through 422 East Cooper. Net leasable area is proposed to increase on both the main and second floors of 422 East Cooper. 414-422 East Cooper proposal A minor rear expansion is proposed to fill in the existing rear terrace along the alley with interior space. Minor changes are proposed on the main level to accommodate new access points through 422 East Cooper, a common lobby to access circulation, and an enclosed 300 sf trash area that meets Municipal Code requirements (the current trash situation does not meet Code requirements). Minor exterior material changes are proposed as noted on the plans. Skylights are proposed in both 414 (non-historic Red Onion Offices) and 420 (the historic Red Onion) to bring light into the buildings. 414 has existing skylights that are proposed to be removed and replaced with one long skylight with a slight peak to shed snow. A new peaked skylight is proposed on top of the historic Red Onion that is 18” above the roof, but is still lower than the historic parapet. New openings are proposed in the east and west walls of the historic Red Onion to activate the second floor between the historic and non-historic addition. These are not exterior walls – both walls are covered with either existing or approved construction. Mechanical equipment is screened and consolidated as much as possible to clean up the existing condition. New net leasable area is proposed to be mitigated through affordable housing credits and new required parking is proposed as cash in lieu. A complete TIA is included and proposes onsite operational measures and cash in lieu for Transportation Demand Management considering the site constraints for a property in the middle of the Cooper Pedestrian Mall. We are working with the Engineering Department to determine appropriate TIA measures. 71 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM View plane 414-422 East Cooper is within the Wheeler Opera House Viewplane. Administrative viewplane review criteria are addressed in this application as Exhibit 2 and a visual analysis is provided as Exhibit 11. Please do not hesitate to contact me for a site visit or for additional information that will aid your review. Kind Regards, Chris Bendon, AICP BendonAdams LLC Attachments: 1. Response to Review Criteria a. Commercial and HP Design b. GMQS c. Transportation + Parking/TIA 2. Viewplane Exemption 3. Pre-Application Summary 4. Application Form 5. Authorization 6. Agreement to Pay 7. HOA Form 8. Proof of Ownership 9. Vicinity Map 10. Recorded 2019 GMQS approval 11. Drawings, survey, materials 72 Exhibit 1 Review Criteria Exhibit 1 Page 1 of 14 1.a Commercial Design and HP Design Reviews 26.415.060.B.2 The City of Aspen Historic Preservation Design Guidelines, as amended, which are on file with the Community Development Department, will be used in the review of requests of certificates of no negative effect or certificates of appropriateness. Conformance with the applicable guidelines and the common development review procedures set forth in Chapter 26.304 will be necessary for the approval of any proposed work: Please find an analysis of the Commercial Core Historic District Design Standards and Guidelines. Commercial Design Standard Review uses the same design guidelines for the Commercial Core Historic District and the Historic Preservation Design Guidelines. As described below, the project conforms with the Historic Preservation Design Guidelines/ Commercial, Lodging and Historic District Design Standards and Guidelines. 26.412.040. Commercial Design Procedures for Review. E. Consolidation of applications and combining of reviews. If a development project includes additional City land use approvals, the Community Development Director may consolidate or modify the review process accordingly, pursuant to Subsection 26.304.060.B of this title. If a proposed development, upon determination of the Community Development Director in consultation with the applicant, is of limited scope, the Director may authorize the application to be subject to a one- step process that combines both conceptual and final design reviews… Response - This application proposes to convert an existing rear terrace to interior space and minor exterior and interior changes. Compliance with the Commercial Core Historic District Character Area is addressed below. Guidelines are grouped where possible. 26.412.060 Review Criteria. An application for commercial design review may be approved, approved with conditions or denied based on conformance with the following criteria: A. Guidelines and Standards 1. The Commercial, Lodging and Historic District Design Standards and Guidelines are met as determined by the appropriate Commission. The Standards and Guidelines include design review criteria that are to be used to determine whether the application is appropriate. 2. All applicable standards in the Commercial, Lodging and Historic District Design Standards and Guidelines shall be met unless granted a variation pursuant to Section 26.412.040.D. 73 Exhibit 1 Review Criteria Exhibit 1 Page 2 of 14 3. Not every guideline will apply to each project, and some balancing of the guidelines must occur on a case-by-case basis. The applicable Commission must: a. determine that a sufficient number of the relevant guidelines are adequately met in order to approve a project proposal. b. weight the applicable guidelines with the practicality of the measure. Commercial Design Standards and Guidelines – General Chapter 1.1 All projects shall provide a context study. • The study should include the relationship to adjacent structures and streets through photographs, streetscape elevations, historic maps, etc. Response – Streetscape elevations are included in the drawing set. 1.2 All projects shall respond to the traditional street grid. • A building shall be oriented parallel to the street unless uncharacteristic of the area. Refer to specific chapters for more information. • Buildings on corners shall be parallel to both streets. Response – n/a. 1.3 Landscape elements (both hardscape and softscape) should complement the surrounding context, support the street scene, and enhance the architecture of the building. • This applies to landscape located both on-site and in the public right of way. • High quality and durable materials should be used. • Early in the design process, consider stormwater best management practices as an integral part of the landscape design process. 1.4 Where there is open space on a site, reinforce the traditional transition from public space to semi- public space to private space. • This may be achieve through a fence, a defined walkway, a front porch element, covered walkway, or landscape. 1.5 – 1.6 n/a. Response – n/a. 1.7 Develop alley facades to create visual interest. • Use varied building setback and/or changes in material to reduce perceived scale. Response – Double hung windows with cast stone sills and brick are proposed for the alley addition. Rolling doors are proposed to enclose a new 300 sf trash area. 1.8 Consider small alley commercial spaces, especially on corner lots or lots with midblock access from the street. 74 Exhibit 1 Review Criteria Exhibit 1 Page 3 of 14 • Maximize visibility and access to alley commercial spaces with large windows and setbacks. • Minimize adverse impacts of adjacent service and parking areas through materials, setbacks, and or landscaping. 1.9 Minimize the visual impacts of parking. 1.10 – 1.21 n/a – refer to HP specific design guidelines below. Response – n/a. 1.22 Complete and accurate identification of materials is required. • Provide drawings that identify the palette of materials, specifications for the materials, and location on the proposed building as part of the application. • Physical material samples shall be presented to the review body. An onsite mock-up prior to installation may be required. 1.23 Building materials shall have these features: • Convey the quality and range of materials found in the current block context or seen historically in the Character Area. • Convey pedestrian scale. • Enhance visual interest through texture, application, and/or dimension. • Be non-reflective. Shiny or glossy materials are not appropriate as a primary material. • Have proven durability and weathering characteristics within Aspen’s climate. • A material with an integral color shall be a neutral color. Some variation is allowed for secondary materials. 1.24 Introducing a new material, material application, or material finish to the existing streetscape may be approved by HPC or P&Z if the following criteria are met: • Innovative building design. • Creative material application that positively contributes to the streetscape. • Environmentally sustainable building practice. • Proven durability. Response – Proposed primary material along the alley is brick. A glass railing and folding doors are proposed facing the pedestrian malls on the existing second level patio. The material palette matches existing materials to blend the new addition into the existing construction. 1.25 Architecture that reflects corporate branding of the tenant is not permitted. Response – n/a. 1.26 The design of light fixtures should be appropriate to the form, materials, scale and style of the building. Response – New light fixtures are proposed on the existing second level patio facing the Pedestrian Malls. The drawings show a gooseneck fixture – we request staff and monitor review the exact fixture type prior to building permit issuance. 75 Exhibit 1 Review Criteria Exhibit 1 Page 4 of 14 1.27 Trash and recycle service areas shall be co-located along an alleyway where one exists, and screened form view with a fence or door. 1.28 Design trash and recycle areas thoughtfully and within the style of the building, with the goal of enhancing pedestrian and commercial uses along alleys. 1.29 Delivery areas shall be located along an alleyway where one exists. Response – The existing trash and recycle areas need improvement. The application proposed a 300 sf enclosed trash area that is internally accessed. 1.30 Mechanical equipment, ducts, and vents shall be accommodated internally within the building and/or co-located on the roof. 1.31 Minimize the visual impacts of utility connections and service boxes. Response – Mechanical equipment is co-located on the roof or interior to the building. Screening is proposed to shield the equipment from view. 1.32 Transformer location and size are dictated by City and utility company standards and codes. Response – If needed, a transformer is proposed across the alley at 411 E. Hyman Ave. 1.33 All remodel projects shall meet Standards 1.22 and 1.23. 1.34 Consider updating windows, doors, and/or primary entrances to better relate to the Character Area and pedestrian experience. 1.35 Design alterations to relate to the existing building style and form that may remain. 1.36 Incorporate elements that define the property line in accordance with Guideline 1.6. Response – n/a. 1.37 Creative solutions that incorporate ADA compliance into the architecture are encouraged. • Minimize the appearance of ramps by exploring other on-site options such as altering interior floor levels or exterior grade. Response – Floor levels are matched where possible and the entire project is served by an elevator at 422 E. Cooper. Commercial Core Historic District 2.1 Maintain the alignment of facades at the property line. 2.2 Consider a 45-degree champfer for corner lots where appropriate. Response – n/a. 76 Exhibit 1 Review Criteria Exhibit 1 Page 5 of 14 2.3 Development should be inspired by traditional late 19th-century commercial buildings to reinforce continuity in architectural language within the Historic District. Consider the following design elements: form, materials, and fenestration. Pick two areas to relate strongly to the context. Response – The proposed addition at the rear of the non-historic building matches the existing roof height and slope. Simple double hung windows with cast stone sills are proposed with brick as the primary material to be secondary to the historic Red Onion as seen from the alley. 2.4 Respect adjacent iconic historic structures. Response – The rear addition is subordinate to the historic Red Onion in form, style and materials. 2.5 The massing and proportions of a new building or addition should respond to the historic context. 2.6 One story buildings on lots larger than 6,000 sf are discouraged. 2.7 Buildings on lots larger than 6,000 sf should incorporate architectural features that break up the mass. Response – n/a. 2.8 Composition of the façade, including choices related to symmetry and asymmetry, should reflect the close readings of patterns established by the 19th century structures. Response – Punched openings in groupings of three are proposed on the second level of the alley elevation which is similar to upper level patterns in 19th century structures. 2.9, 2.10, 2.13 – n/a, no changes to ground level storefronts. 2.11 Maintain a floor to ceiling height of 12 to 15 feet for the first floor and 9 feet for the second floor. 2.12 Maintain an architectural distinction between the street level and upper floors. Response – The proposed alley addition extends the existing floor to ceiling height of the second floor, which is less than the floor to ceiling height of the first floor but is more than the prescribed 9 ft. 2.14 Architectural details should reinforce historic context and meet at least two of the following qualities. • Color or finish traditionally found downtown. • Texture to create visual interest, especially for larger buildings. • Traditional material: brick, stone, metal and wood. • Traditional application: for example, a running bond for masonry. Response – Traditional material are proposed in a color that is similar to existing. 77 Exhibit 1 Review Criteria Exhibit 1 Page 6 of 14 Historic Preservation Design Guidelines 3.7 Adding new openings on a historic structure is generally not allowed. • Greater flexibility in installing new windows may be considered on rear or secondary walls. • New windows should be similar in scale to the historic openings on the building, but should in some way be distinguishable as new, through the use of somewhat different detailing, etc. • Preserve the historic ratio of window openings to solid wall on a façade. • Significantly increasing the amount of glass on a character defining façade will negatively affect the integrity of a structure. 4.5 Adding new doors on a historic building is generally not allowed. • Place new doors in any proposed addition rather than altering the historic resource. • Greater flexibility in installing a door in a new location may be considered on rear or secondary walls. • A new door in a new location should be similar in scale and style to historic openings on the building and should be a product of its own time. • Preserve the historic ratio of openings to solid wall on a façade. Significantly increasing the openings on a character defining façade negatively affects the integrity of a structure. Response – New openings are proposed into the walls of the historic Red Onion. Neither of these walls are exterior – they are essentially interior walls that abut adjacent existing or approved construction as shown at right. Openings are proposed on the second floor (shown in the floor plan) and a new opening is proposed on the ground floor at the rear to access the new trash area. According to the 1893 Sanborne Map and historic photograph, courtesy Aspen Historic Society, the west elevation had six windows. Figure 1: Proposed openings in historic Red Onion, second floor. 78 Exhibit 1 Review Criteria Exhibit 1 Page 7 of 14 7.3 Minimize the visual impacts of skylights and other rooftop devices. • Skylights and solar panels are generally not allowed on a historic structure. These elements may be appropriate on an addition. Response – Skylights are proposed on the historic Red Onion and on the non-historic addition. The height of the skylight is the minimum allowed by the manufacturer for Aspen’s climate. The Red Onion skylight is about 18” from the roof and is lower than the historic parapet. 26.575.020.F.4.m Exceptions for skylight and light tubes. A skylight or light tube typical of industry standards and meeting minimum Building Code standards shall not be counted towards maximum permissible height. All of the proposed skylights are the minimum size reasonable for the proposed use of the space as required in 26.575.020.F.4.m. The skylights are not easily visible from the right of way. 7.4 New vents should be minimized, carefully, placed and painted a dark color. • Direct vents for fireplaces are generally not permitted to be added on historic structures. • Locate vents on non-street facing facades. • Use historic chimneys as chases for new flues when possible. Response – Vents are minimized and reduced where possible. Figure 2: 1893 Sanborn Map showing windows (and shutters) along the west elevation. Note the adjacent building to the west was historically two stories. Figure 3: Upper level windows shown on west elevation. 79 Exhibit 1 Review Criteria Exhibit 1 Page 8 of 14 12.4 Minimize the visual impacts of utilitarian areas, such as mechanical equipment and trash storage. • Place mechanical equipment on the ground where it can be screened. • Mechanical equipment may only be mounted on a building on an alley façade. • Rooftop mechanical equipment or vents must be grouped together to minimize their visual impact. Where rooftop units are visible, it may be appropriate to provide screening with materials that are compatible with those of the building itself. Use the smallest, low profile units available for the purpose. • Window air conditioning units are not allowed. • Minimize the visual impacts of utility connections and service boxes. Group them in a discrete location. Use pedestals when possible, rather than mounting on a historic building. • Paint mechanical equipment in a neutral color to minimize their appearance by blending with their backgrounds • In general, mechanical equipment should be vented through the roof, rather than a wall, in a manner that has the least visual impact possible. • Avoid surface mounted conduit on historic structures. Response - Mechanical equipment is co-located on the roof or interior to the building. Screening is proposed to shield the equipment from view. Pedestrian Amenity A. Applicability and Requirement. The requirements of this Section shall apply to the development of all commercial lodging and mixed use development within the CC…Zone Districts…This area represents the City’s primary pedestrian-oriented downtown, as well as important mixed use service and lodging neighborhoods. Development in these zone districts consisting of entirely residential uses is exempt from these provisions. Remodel and renovation activities that do not trigger demolition, and which maintain 100% of the existing pedestrian amenity present of the site are exempt from this Section. Changes to pedestrian amenity space as a result of required accessibility or building code compliance are exempt from compliance with the 25% requirement if demolition is not triggered. Response – Pedestrian amenity is not required for the minor expansion because the project does not trigger demolition and the project does not decrease existing pedestrian amenity onsite. 80 Exhibit 1 Review Criteria Exhibit 1 Page 9 of 14 Second Tier Commercial Space A. Applicability. 1. Development or redevelopment. This section applies to all new development and redevelopment in the CC…districts. Proposals that are 100% lodge projects shall be exempted from this requirement. Remodel and renovation activities that do not trigger demolition, and which maintain 100% of the existing second tier space present on the site are exempt from this Section. Changes to second tier space as a result of required accessibility or building code compliance are exempt from compliance with the section if demolition is not triggered. Response – The proposed project is exempt from this section because demolition is not triggered and 100% of the existing second tier space is maintained. Trash – 12.10.030 Space required for trash and recycling for Commercial Buildings. Sec. 12.10.030.(A).b. For Commercial Buildings that will contain or that will have the capacity to contain an establishment with a Retail Food Service License, as defined by the State of Colorado Retail Food Establishment Rules and Regulations, a minimum of twenty (20) linear feet adjacent to the alleyway must be reserved for trash and recycling facilities. The required area shall have a minimum vertical clearance of ten (10) feet and a minimum depth of fifteen (15) feet at ground level. Response – A new enclosed trash area is proposed that is 300 sf in size and accessed off the alley. New interior openings are proposed to provide direct access from the historic Red Onion into the new enclosed trash area. The trash doors are 9’wide x 10’ high; and the interior dimensions of the trash area are 25’3” w by 12’6” deep, which may require a variation from the required 20 x 15 dimensions specified above. 1.b Growth Management Growth Management 26.470.080 General Review Standards. All Planning and Zoning Commission and city Council applications for growth management review shall comply with the following standards. A. Sufficient Allotments. Sufficient growth management allotments are available to accommodate the proposed development, pursuant to Subsection 26.470.040.B. Applications for 81 Exhibit 1 Review Criteria Exhibit 1 Page 10 of 14 multi-year development allotment, pursuant to Paragraph 26.470.110.A shall be required to meet this standard for the growth management years form which the allotments are requested. Response – Sufficient allotments exist for an increase in 1,475 sf of commercial net leasable area. B. Development Conformance. The proposed development conforms to the requirements and limitations of this Title, of the zone district for site specific development plan, any adopted regulatory master plan, as well as any previous approvals, including the Conceptual Historic Preservation Commission approval, the Conceptual Commercial Design Review approval and the Planned Development – Project Review approval, as applicable. Response – The minor remodel project conforms to the requirements of the Land Use Code and to the Commercial Core Historic District. Commercial Design and Minor Development Review for a property located within a Historic District are consolidated with the GMQS application. C. Public Infrastructure and Facilities. The proposed development shall upgrade public infrastructure and facilities necessary to serve the project. Improvements shall be a the sole costs of the developer. 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. Response – The proposed minor remodel occurs on an already developed lot. The property is currently served by utilities and infrastructure. A new transformer is most likely required and is proposed across the alley at 411 East Hyman. D. Affordable Housing Mitigation. 1) For commercial development, sixty-five percent (65%) of the employees generated by the additional commercial net leasable space, according to Section 26. 470.050.B, Employee generation rates, shall be mitigated through the provision of affordable housing. Response –The Commercial Core has a generation rate of 4.7 FTEs per 1,000 square feet of net leasable commercial space (3.53 FTEs per 1,000 square feet of net leasable commercial space for upper and lower floors). Below are three charts that outline the existing conditions, approved projects and proposed changes. Table 3 shows the total net leasable proposed for the entire property. 82 Exhibit 1 Review Criteria Exhibit 1 Page 11 of 14 Table 1. Existing and approved commercial net leasable for property Net leasable area FTEs Basement 1,579 5.57 Main floor - existing 7,921 37.23 Second floor – existing 3,578 12.63 Second floor – approved expansion 2019 GMQS exemption 911 3.22 Total existing ONLY 13,078 sf 55.43 Total (existing and 2019 approval) 13,989 sf 58.65 Table 2. Previous approval for 422 when combined with 434 e cooper Net leasable area FTEs Basement 1,644 5.80 Main floor 6,733 31.65 Second floor 3,979 14.05 Total approved 12,356 sf 51.5 Table 3. Proposed project totals Net leasable area FTEs Basement 2,178 7.69 Main floor 6,086 28.60 Second floor 6,574 23.21 Total proposed 14,838 sf 59.5 2) For lodge development, sixty-five percent (65%) of the employees generated by the additional lodge pillows, according to Section 26.470.050.B, Employee generation rates, shall be mitigated through the provision of affordable housing. Response – n/a. 3) For the redevelopment of existing commercial net leasable space that did not previously mitigate (see Section 26. 470.070.F), the mitigation requirements for affordable housing shall be phased at 15% beginning in 201, and by 3% each year thereafter until 65% is reached. Response – n/a. Demolition is not triggered. 83 Exhibit 1 Review Criteria Exhibit 1 Page 12 of 14 4) Unless otherwise exempted in this chapter, when a change in use between development categories is proposed, the employee mitigation shall be based on the use the development is converting to. For instance, if a commercial space is being converted to lodge units, the mitigation shall be based on the requirements for lodge space, outlined in subsection 2, above. Conversely, if lodge units are being converted to commercial space, the mitigation shall be based on the requirements for commercial space, outlined in subsections 1 and 3. Response –n/a. 5) For free market residential development, affordable housing net livable area shall be provided in an amount equal to at least thirty percent (30%) of the additional free market residential net livable area. Response – n/a. 6) For essential public facility development, mitigation shall be determined based on Section 26.470.110.D. Response – n/a. 7) For all affordable housing provided as mitigation pursuant to this chapter or for the creation of a Certificate of Affordable Housing Credit pursuant to Chapter 26. 540, or for any other reason: a. The proposed units comply with the Guidelines of the APCHA, as amended. A recommendation from APCHA shall be required for this standard. b. Required affordable housing may be provided through a mix of methods outlined in this chapter, including newly built units, buy-down units, certificates of affordable housing credit, or cash in lieu. A recommendation from APCHA shall be required for this standard, and the approved forms of mitigation methods shall be based on this recommendation. c. Affordable housing that is in the form of newly built units or buy-down units shall be located on the same parcel as the proposed development or located offsite within the city limits. Units outside the city limits may be accepted as mitigation by the City Council. When offsite units within the city limits are proposed, as requisite approvals shall be obtained prior to approval of the growth management application. d. Affordable housing mitigation in the form of a Certificate of Affordable Housing Credit, pursuant to Chapter 26.540, shall be extinguished pursuant to Section 26.540.120, utilizing the calculations in Section 26,470.050.F, Employee/Square Footage Conversion. 84 Exhibit 1 Review Criteria Exhibit 1 Page 13 of 14 e. If the total mitigation requirement for a project is less than .25 FTEs, a cash in lieu payment may be made by right. If the total mitigation requirement for a project is .25 or more FTEs, a cash in lieu payment shall require City Council approval, pursuant to Section 26. 470.110.C. f. Affordable housing units shall be approved pursuant to Paragraph 26.470.100.D, Affordable Housing, and be restricted to a Category 4 rate as defined in the APCHA Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. g. Each unit provided shall be designed such that the finished floor level of 50% or more of the unit’s net livable area is at or above natural or finished grade, whichever is higher. This dimensional requirement may be varied through Special Review. Response – Affordable Housing Credit Certificates, at Category 4, are proposed as mitigation. 8) Affordable housing units that are being provided absent a requirement (“voluntary units”) may be deed restricted at any level of affordability, including residential occupied (RO). Response – n/a. 26.470.100.A. Enlargement of an historic landmark for commercial, lodge or mixed use development. The enlargement of an historic landmark building for commercial, lodge or mixed use development shall be approved, approved with conditions or denied by the Planning and Zoning Commission based on the following criteria: 1) Up to four (4) 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 (4) and up to eight (8) employees shall be mitigated through the provision of affordable housing, affordable housing credits, or cash in lieu thereof. Sixty- five percent (65%) of the employee generation above eight (8) employees shall be mitigated through the provision of affordable housing, affordable housing credits, or cash in lieu thereof. Affordable housing shall be approved pursuant to Section 26.470.080.D, Affordable Housing Mitigation. Response – The new proposal generates 4.07 FTEs. The mitigation rate is as follows: First 0 - 4 employees = 0 FTEs 85 Exhibit 1 Review Criteria Exhibit 1 Page 14 of 14 Next 0.07 employees @ 30% = 0.021 FTEs Next 0 employees @ 65% = n/a 0.02 FTEs Affordable housing credits at Category 4, as required by Code, are proposed for mitigation. 1.c 26.515 – Transportation and Parking Management 26.515.060.C. Review Criteria. All development and redevelopment projects are required to submit a Mobility Plan, which shall include and describe a project’s mitigations for TIA and Parking Requirements. The Engineering, Transportation, and Community Development Department staff shall determine whether the project conforms to this Chapter requirements using the following standards: 1. Project TIA and the resulting mitigation program meets requirements for exempt, minor or major project categories as outlined in the TIA Guidelines. Response – A completed TIA is attached. 2. Project provides full mitigation for the Parking Requirements pursuant to Section 26.515.050. Response – Demolition is not triggered. 3. If existing development is expanded, additional Parking Requirements shall be provided for that increment of the expansion. Response – The parking requirement for the new commercial net leasable area is 1.76 spaces and will be satisfied via cash in lieu. Cash in lieu is allowed by-right in the Commercial Core Historic District to mitigate for the parking requirement. The 2019 GMQS approval included a requirement for cash in lieu equal to 0.91 spaces. 4. If existing development is redeveloped, on-site parking deficits may not be maintained unless all parking, or at least 20 spaces are provided as Public Parking. Response – n/a. 86 DATE: PROJECT NAME: PROJECT ADDRESS: APPLICANT CONTACT INFORMATION: NAME, COMPANY, ADDRESS, PHONE, EMAIL Peak Hour Max Trips Generated MMLOS TDM Total Trips Mitigated PM 6.1 3 0.10 3.10 3.00 The net trips to be mitigated is greater than 0. The project shall propose additional mitigation measures. The property is located on the pedestrian mall. Cash in lieu for improvements to the mall is proposed to benefit the pedestrian experience considering the lack of a sidewalk and other measures available to this property. Include any additional information that pertains to the MMLOS plan in the space provided below. We are open to discussing additional MMLOS options for this project in the future if the City has any ideas about potential improvements. TDM Explain below how the project plans to participate in the Transportation Options Program (TOP). The successful project will work with City of Aspen staff to determine whether TOP membership is appropriate and, if so, to join the program. Notes: This program is not typically appropriate for employers of less than 20 employees. Grant funding from the TOP program may not be used to offset mitigation measures until the reporting period has been successfully completed Project Description In the space below provide a description of the proposed project. The project proposed a second floor expansion to fill in an existing rear deck facing the alley. Minor interior changes are proposed as well. MMLOS Explain any additional minor improvements which benefit the pedestrian experience and have been agreed upon with City of Aspen staff. Click on the "Generate Narrative" Button to the right. Respond to each of the prompts in the space provided. Each response should cover the following: 1. Explain the selected measure. 2. Call out where the measure is located. 3. Demonstrate how the selected measure is appropriate to enhance the project site and reduce traffic impacts. 4. Explain the Enforcement and Financing Plan for the selected measure. 5. Explain the scheduling and implementation responsibility of the mitigation measure. 6. Attach any additional information and a site map to the narrative report. Chris Bendon BendonAdams 300 S. Spring St., #202, Aspen CO 81611 925-2855 chris@bendonadams.com Summary and Narrative: Narrative: 6/6/2019 Red Onion/JAS 414-422 East Cooper Trip Generation SUMMARY Trip Mitigation NET TRIPS TO BE MITIGATED 87 Mitigation measures will be implemented within the first year of operation. Monitoring and Reporting Provide a monitoring and reporting plan. Refer to page 17 in the Transportation Analysis Guidelines for a list of monitoring plan requirements. Components of a Monitoring and Reporting Plan should include (1) Assessment of compliance with guidelines, (2) Results and effectiveness of implemented measures, (3) Identification of additional strategies, and (4) Surveys and other supporting data. The City may choose to audit the TIA commitments and the tenants may provide documentation or reporting. Enforcement and Financing Provide an overview of the Enforcement and Financing plan for the proposed transportation mitigation measures. Commitments will be communicated to tenants. Scheduling and Implementation Responsibility of Mitigation Measures Provide an overview of the scheduling and implementation responsibility for the proposed transportation mitigation measures. MMLOS Site Plan Requirements Include the following on a site plan. Clearly call out and label each measure. Attach the site plan to the TIA submittal. 2% Slope at Pedestrian Driveway Crossings Pedestrian Directness Factor (See callout number 9 on the MMLOS sheet for an example) Additional Minor Pedestrian Improvement TOP information will be posted in the employee break rooms and will be provided during employee orientation. Explain the proposed trip reduction marketing/incentive program in the space provided. A trip reduction marketing programs should include a number of the following strategies: orientation to trip reduction programs and benefits; orientation to specific alternative transportation modes such as bus service information, bike/walk route maps, etc.; publishing of web or traditional informational materials; events and contests such as commuter fairs, new employee orientations, bike to work days, etc.; educational opportunities such bicycle commute/repair classes; web or traditional materials aimed at guests/customers such as bike/walk maps, free transit day passes, etc.; incentive programs such as prizes, rewards or discounts for alternative commuting. Alternative forms of transportation will be provided to employees during orientaion and in break rooms. Include any additional information that pertains to the TDM plan in the space provided below. TDM measures are noted above. 88 = input= calculation DATE: PROJECT NAME: PROJECT ADDRESS: APPLICANT CONTACT INFORMATION: NAME, COMPANY, ADDRESS, PHONE, EMAIL Minor Entering Exiting Total Entering Exiting Total Commercial (sf)1475.0 sf 2.31 1.04 3.35 2.44 3.66 6.11 Free-Market Housing (Units)0 Units 0.00 0.00 0.00 0.00 0.00 0.00 Affordable Housing (Units)0 Units 0.00 0.00 0.00 0.00 0.00 0.00 Lodging (Units)0 Units 0.00 0.00 0.00 0.00 0.00 0.00 Essential Public Facility (sf)0.0 sf 0.00 0.00 0.00 0.00 0.00 0.00 2.31 1.04 3.35 2.44 3.66 6.11 Land Use Trip Rate %Entering %Exiting Trip Rate %Entering %Exiting Commercial 2.27 0.69 0.31 4.14 0.4 0.6 Free-Market Housing 0.67 0.29 0.71 0.82 0.56 0.44 Affordable Housing 0.75 0.48 0.52 0.89 0.55 0.45 Lodging 0.25 0.57 0.43 0.31 0.52 0.48 Essential Public Facility 0.86 0.62 0.38 1.66 0.4 0.6 Chris Bendon BendonAdams 300 S. Spring St., #202, Aspen CO 81611 925-2855 chris@bendonadams.com Trip Generation 6/6/2019 AM Peak Average PM Peak Average Trips Generated AM Peak-Hour PM Peak-Hour TOTAL NEW TRIPS ASSUMPTIONS ASPEN TRIP GENERATION Is this a major or minor project? 414-422 East Cooper Red Onion/JAS Net New Units/Square Feet of the Proposed ProjectProposed Land Use *For mixed-use (at least two of the established land uses) sites, a 4% reduction for AM Peak-Hour and a 14% reduction for PM Peak-Hour is applied to the trip generation. Instructions: IMPORTANT: Turn on Macros: In order for code to run correctly the security settings need to be altered. Click "File" and then click "Excel Options." In the "Trust Center"category, click "Trust Center Settings", and then click the "Macro Settings"category. Beneath "Macro Settings" select "Enable all Macros." Sheet 1. Trip Generation: Enter the project's square footage and/or unit counts under Proposed Land Use. The numbers should reflect the net change in land use between existing and proposed conditions. If a landuse is to be reduced put a negative number of units or square feet. Sheet 2. MMLOS: Answer Yes, No, or Not Applicable under each of the Pedestrian, Bike and Transit sections.Points are only awarded for proposed (not existing) and confirmed aspects of the project. Sheet 3. TDM: Choose the mitigation measures that are appropriate for your project. Sheet 4. Summary and Narrative: Review the summary of the project's mitigated trips and provide a narrative which explains the measures selected for the project. Click on "Generate Narrative" and individually explain each measure that was chosen and how it enhances the site or mitigates vehicle traffic. Ensure each selected measure make sense Minor Development -Inside the Roundabout Major Development -Outside the Roundabout Helpful Hints: 1. Refer to the Transportation Impact Analysis Guidelines for information on the use of this tool. 2. Refer to TIA Frequently Asked Questions for a quick overview. 2. Hover over red corner tags for additional information on individual measures. 3. Proposed TDM or MMLOS measures should be new and/or an improvement of existing conditions. A project will not receive credit for measures already in place. Proposed TDM or MMLOS measures should also make sense in the context of project location and future use. Transportation Impact Analysis TIA Frequently Asked Questions 89 = input = calculation 3 Category Sub.Measure Number Question Answer Points 1 Does the project propose a detached sidewalk where an attached sidewalk currently exists? Does the proposed sidewalk and buffer meet standard minimum widths? 0 2 Is the proposed effective sidewalk width greater than the standard minimum width?0 3 Does the project propose a landscape buffer greater than the standard minimum width?0 0 4 Does the project propose a detached sidewalk on an adjacent block? Does the proposed sidewalk and buffer meet standard minimum widths? 0 5 Is the proposed effective sidewalk width on an adjacent block greater than the standard minimum width?0 6 Is the proposed landscape buffer on an adjacent block greater than the standard minimum width?0 0 7 Are slopes between back of curb and sidewalk equal to or less than 5%?NA 0 8 Are curbs equal to (or less than) 6 inches?Yes 0 9 Is new large-scale landscaping proposed that improves the pedestrian experience? Properties within the Core do not have ample area to provide the level of landscaping required to receive credit in this category. 0 10 Does the project propose an improved crosswalk? This measure must get City approval before receiving credit. 0 0 11 Are existing driveways removed from the street?0 12 Is pedestrian and/or vehicle visibility unchanged by new structure or column?Yes 0 13 Is the grade (where pedestrians cross) on cross-slope of driveway 2% or less?Yes 0 14 Does the project propose enhanced pedestrian access points from the ROW? This includes improvements to ADA ramps or creating new access points which prevent pedestrians from crossing a street. 0 15 Does the project propose enhanced pedestrian or bicyclist interaction with vehicles at driveway areas?0 0 16 Is the project's pedestrian directness factor less than 1.5?Yes 0 17 Does the project propose new improvements which reduce the pedestrian directness factor to less than 1.2? A site which has an existing pedestrian directness factor less than 1.2 cannot receive credit in this category. 0 18 Is the project proposing an off site improvement that results in a pedestrian directness factor below 1.2?* 0 19 Are traffic calming features proposed that are part of an approved plan (speed humps, rapid flash)?*0PedestriansTOTAL NUMBER OF TRIPS MITIGATED:Pedestrian RoutesTraffic Calming and Pedestrian NetworkDriveways, Parking, and Access ConsiderationsMMLOS Input Page Subtotal SubtotalSidewalk Condition on Adjacent BlocksSidewalk Condition on Project FrontageSubtotal Instructions: Answer Yes, No, or Not Applicable to each measure under the Pedestrian, Bike and Transit sections. Subtotal 90 0 20 Are additional minor improvements proposed which benefit the pedestrian experience and have been agreed upon with City of Aspen staff? Yes 3 21 Are additional major improvements proposed which benefit the pedestrian experience and have been agreed upon with City of Aspen staff? 0 3 3 Category Sub.Measure Number Question Answer Points 22 Is a new bicycle path being implemented with City approved design?0 23 Do new bike paths allow access without crossing a street or driveway?0 24 Is there proposed landscaping, striping, or signage improvements to an existing bicycle path?0 25 Does the project propose additional minor bicycle improvements which have been agreed upon with City of Aspen staff?0 26 Does the project propose additional major bicycle improvements which have been agreed upon with City of Aspen staff?0 0 Bicycle Parking27 Is the project providing bicycle parking?0 0 0 Category Sub.Measure Number Question Answer Points 28 Is seating/bench proposed?0 29 Is a trash receptacle proposed?0 30 Is transit system information (signage) proposed?0 31 Is shelter/shade proposed?0 32 Is enhanced pedestrian-scale lighting proposed?0 33 Is real-time transit information proposed?0 34 Is bicycle parking/storage proposed specifically for bus stop use?0 35 Are ADA improvements proposed?0 0 36 Is a bus pull-out proposed at an existing stop?0 37 Is relocation of a bus stop to improve transit accessibility or roadway operations proposed?0 38 Is a new bus stop proposed (with minimum of two basic amenities)?0 0 0 SubtotalAdditional Proposed ImprovementsTransitBasic AmenitiesSubtotal Subtotal Subtotal Enhanced AmenitiesSubtotal Subtotal Pedestrian Total* Bicycles Total* Transit Total*BicyclesModifications to Existing Bicycle Paths91 Category Measure Number Sub. Question Answer Strategy VMT Reductions Will an onsite ammenities strategy be implemented?No Which onsite ammenities will be implemented? Will a shared shuttle service strategy be implemented? What is the degree of implementation? What is the company size? What percentage of customers are eligible? 3 Nonmotorized Zones Will a nonmotorized zones strategy be implemented?0.00% 0.00% Category Measure Number Sub. Question Answer Strategy VMT Reductions Will a network expansion stragtegy be implemented? What is the percentage increase of transit network coverage? What is the existing transit mode share as a % of total daily trips? Will a service frequency/speed strategy be implemented? What is the percentage reduction in headways (increase in frequency)? What is the existing transit mode share as a % of total daily trips? What is the level of implementation? Will a transit access improvement strategy be implemented? What is the extent of access improvements? 7 Intercept Lot Will an intercept lot strategy be implemented?0.00% 0.00% Category Measure Number Sub. Question Answer Strategy VMT Reductions Will there be participation in TOP?Yes What percentage of employees are eligible?100% Is a transit fare subsidy strategy implemented? What percentage of employees are eligible? What is the amount of transit subsidy per passenger (daily equivalent)? Is an employee parking cash-out strategy being implemented? What percentage of employees are eligible? Is a workplace parking pricing strategy implemented? What is the daily parking charge? What percentage of employees are subject to priced parking? Is a compressed work weeks strategy implemented? What percentage of employees are participating? What is the workweek schedule? Is an employer sponsered shuttle program implemented? What is the employer size? What percentage of employees are eligible? Is a carpool matching strategy implemented? What percentage of employees are eligble? Is carshare participation being implemented? How many employee memberships have been purchased? What percentage of employees are eligble? Is participation in the bikeshare program WE-cycle being implemented? How many memberships have been purchased? What percentage of employees/guests are eligble? Is an end of trip facilities strategy being implemented? What is the degree of implementation? What is the employer size? Is a self-funded emergency ride home strategy being implemented? What percentage of employees are eligible? Is a carpool/vanpool priority parking strategy being implemented? What is the employer size? What number of parking spots are available for the program? Is a private employer shuttle strategy being implemented? What is the employer size? What percentage of employees are eligible? Is a trip reduction marketing/incentive program implemented?Yes What percentage of employees/guests are eligible?100% 1.71% 0.00% 1.71% 1. 22% work trips represents a mixed-used site (SF Bay Area Travel Survey). See Assumptions Tab for more detail. 21 16 17 18 19 20 11 12 13 14 15 Participation in TOP Transit Fare Subsidy Employee Parking Cash-Out Workplace Parking Pricing Compressed Work Weeks Employer Sponsored Vanpool Carpool Matching Carshare Program Self-funded Emergency Ride Home Carpool/Vanpool Priority Parking Private Employer Shuttle Trip Reduction Marketing/Incentive Program End of Trip Facilities Cross Category Maximum Reduction, Neighborhood and Transit Global Maximum VMT Reductions TDM Input Page 0.00% 0.00% 0.00%Commute Trip Reduction Programs StrategiesOnsite Servicing Shared Shuttle Service Neighborhood/Site Enhancements Strategies0.00% 0.00% Network Expansion Service Frequency/Speed Transit Access Improvement Maximum Reduction Allowed in Category 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% Bikeshare Program 0.00% 4.00% 0.00% 0.00% 0.00% 0.00% 4.00% Maximum Reduction Allowed in Category Maximum Reduction Allowed in CategoryTransit System Improvements Strategies1 2 4 5 6 8 9 10 Instructions TDM: Choose the mitigation measures that are appropriate for your project. Proposed TDM or MMLOS measures should be new and/or an improvement of existing conditions. A project will not receive credit for measures already in place. Proposed TDM or MMLOS measures should also make sense in the context of project location and future use. 92 FD FD E E W V WV W V W V W V W V W V S 3. 9370'1.9685'M INIM UMSPACING 1"3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1"3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1"3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1"3. 9370'1.9685'M INIM UMSPACING 1"3.9370'1.9685'MINIMUMSPACING 1"3.9370'1.9685'MINIMUMSPACING 1"3. 9370'1.9685'M INIM UMSPACING 1"3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1"3. 9370'1.9685'M INIM UMSPACING 1"3.9370'1.9685'MINIMUMSPACING 1"3.9370'1.9685'MINIMUMSPACING 1"3. 9370'1.9685'M INIM UMSPACING 1"3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1"3. 9370'1.9685'M INIM UMSPACING 1"3.9370'1.9685'MINIMUMSPACING 1"3.9370'1.9685'MINIMUMSPACING 1"3. 9370'1.9685'M INIM UMSPACING 1"3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1"3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1"3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1"3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1"3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1"3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1"3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1"3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1"3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1"3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1"3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1"3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1"3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1"ADJACENT BUILDING(N.I.C.)408 E. COOPER AVE.422-434 APPROVED DEVELOPMENT REMODELED TWO STORY BUILDING INFORMATION KIOSK EXISTING LANDSCAPING ALLEY COOPER AVE. PEDESTRIAN MALL SOUTH GALENA STREETPROPERTY LINE PEDESTRIAN DISTANCE: 97'-9" 97'-9" ROUTE BETWEEN DOORS NEW PEDESTRIAN ENTRY DOOR 73’−8"PEDESTRIAN MALLPAVED WALK PEDESTRIAN DISTANCE: 59'-4" EXIST. PEDESTRIAN ENTRY DOOR EXIST. PEDESTRIAN ENTRY DOOR EXIST. PEDESTRIAN ENTRY DOOR EXIST. PEDESTRIAN ENTRY DOOR PEDESTRIAN DISTANCE: 97'-9" PEDESTRIAN DISTANCE: 116'-5" PEDESTRIAN DISTANCE: 125'-5" PEDESTRIAN DISTANCE: 145'-11" 122'-2" ROUTE BETWEEN DOORS 150'-0" ROUTE BETWEEN DOORS 170'-6" ROUTE BETWEEN DOORS 422-434 APPROVED DEVELOPMENT Scale PROJECT NUMBER DATE DRAWN BY CHECKED BY modif. modif.106−06−19TDISSUE TO LAND PLANNER1/8" = 1’−0"6/7/2019 10:57:42 AMTIA 2018−001 06−07−2019 TIA SITE PLAN414-422 E. COOPER AVE.REMODELASPEN, CO1/8" = 1'-0"1 TIA SITE PLAN N NO.DATEBYREVISION93 Exhibit 2 Viewplane Exhibit 2 View plane 26.435.050.A Jurisdiction Unless subject to Administrative Review as described in Section 26.435.050.D, all applications for development which infringes upon a designated view plane shall be subject to administrative review or review for an exemption in compliance with this Section by the Planning and Zoning Commission or Historic Preservation Commission (collectively, the Review Body). Projects unable to meet the applicable view plane standards shall be required to obtain a variation from the requirement and standards of this section from the applicable review body and are subject to a public vote as required by section 13.14 of the City Charter. 26.435.050.E Administrative Review An addition to a structure or an attached building feature that does not meet the criteria in subsections 1 and 2 above may be approved by the Community Development Director through Administrative Review if: 1. The infringement is erected only to the minimum height needed to accomplish the purpose for which it serves and the height and setbacks comply with the standards of Section 26.575.020, the dimensional requirements of Chapter 26.710, and the Design Guidelines and Standards in Chapter 26.412, Commercial Design Review or 26.415, Historic Preservation as applicable; or 2. The infringement cannot be seen with the naked eye from the reference point as demonstrated by a visual resource analysis. Response – The infringement is not visible with the naked eye from the reference point as shown in the visual analysis provided below. Mechanical equipment and screening is minimized in size and co-located where possible. Mechanical equipment is setback at least 28’ from the street facing façade and is less than or equal to 6’ in height as required by the Land Use Code. Visuals are attached. 94 PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Amy Simon, amy.simon@cityofaspen.com DATE: May 13, 2019 PROJECT LOCATION: 414-422 Cooper Avenue REQUEST: HPC Minor review and Growth Management review REPRESENTATIVE: Charles Cunniffe, charles@cunniffe.com DESCRIPTION: JAS Aspen is interested in creating a performance venue on the upper floor of the Red Onion and Red Onion Office buildings. The work will primarily be an interior remodel/tenant finish, with the exception of a proposed addition of approximately 950 square feet along the alley where a deck currently exists, and installation of a skylight on the existing roof. A separate pre-application summary has been provided for an administrative view plane review, to allow the possibility of an addition and skylights in the proposed location. Once that approval is secured, the applicant will need to proceed to the Historic Preservation Commission for design review of these elements. HPC will also conduct growth management/affordable housing review for the proposed new net leasable area and floor area generated by the project. The current Municipal Code allows for reductions in affordable housing mitigation requirements on historic landmark sites like this one. A recent code amendment approved by City Council and set to be effective on June 12, 2019 will remove this exception from the code. A complete application must be submitted before that date in order to benefit from the current provision. The applicant must be aware that a growth management exemption was recently processed to allow common area on the second floor of the Red Onion office building to be converted to net leasable area. That approval, which amounted to approximately 911 square feet of new net leasable space, must be added to the proposed new 950 square foot expansion with regard to Municipal Code Section 26.470.100.A. Essentially, the previous approval consumed almost all of the four employee exemption allowed for historic landmarks. This project will generate additional employees based on net leasable area. That increase will require mitigation through affordable housing, credits or cash- in-lieu for at least 30% of the employees generated. The new net leasable space will also require mitigation with adequate parking units, and will require approval for trash and recycling storage. RELEVANT LAND USE CODE SECTIONS: Section Number Section Title 26.304 Common Development Review Procedures 26.412.090.A.3 Commercial Design Review 26.415.070.B Historic Preservation Review 26.470.100.A Growth Management, Enlargement of a Historic Landmark Exhibit 3 95 26.515 Transportation and Parking Management and Chapter 12.10 Space Allotment for Trash and Recycling Storage For your convenience – links to the Land Use Application, Land Use Code and design guidelines are below: Land Use Application Land Use Code Historic Preservation Design Guidelines Commercial Design Guidelines Review by: Staff for completeness. HPC for determination. Public Hearing: Yes. Neighborhood Outreach: No. Planning Fees: $3,250 for 10 billable hours of staff time. (Additional/ lesser hours will be billed/ refunded at a rate of $325 per hour.) Referral Agencies Fee: Engineering - $325 deposit for one (1) hour of review time. APCHA - $650 (flat fee). Environmental Health - $650 (flat fee). Total Deposit: $4,875 APPLICATION CHECKLIST: Below is a list of submittal requirements. Completed Land Use Application and signed Fee Agreement. Pre-application Conference Summary (this document). Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner’s right to apply for the Development Application. Applicant’s name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. HOA Compliance form (Attached). An 8 1/2” by 11” vicinity map locating the parcel within the City of Aspen. List of adjacent property owners within 300’ for public hearing. Site improvement survey including topography and vegetation showing the current status, certified by a registered land surveyor, licensed in the state of Colorado. Scaled elevations and floor plans. Representations of building materials and finishes. 96 Photographs and other exhibits to illustrate the proposed changes. Existing and proposed net leasable and floor area calculations for the entire property. A written description of the proposal and written explanation of how the request complies with the review standards relevant to the application. Once the copy is deemed complete by staff, the following items will then need to be submitted: 1 digital PDF copy of the complete application packet. Total deposit for review of the application. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. 97 PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Amy Simon, amy.simon@cityofaspen.com DATE: May 13, 2019 PROJECT LOCATION: 414-422 E. Cooper Avenue REQUEST: Administrative View Plane Review REPRESENTATIVE: Charles Cunniffe, charles@cunniffe.com DESCRIPTION: JAS Aspen is interested in creating a performance venue on the upper floor of the Red Onion and Red Onion Office buildings. The work will primarily be an interior remodel/tenant finish, with the exception of a proposed addition of approximately 950 square feet along the alley where a deck currently exists, and installation of a skylight on the existing roof. The Red Onion property sits within the foreground of the Wheeler Opera House view plane, and within the mid-ground of the Main Street view plane. The Wheeler Opera House view plane is the more restrictive of the two, and will therefore supercede. It is staff’s understanding from documentation on file with the Planning Office that the Wheeler Opera House view plane spans the entirety of the area where the addition is proposed and that it crosses the rear lot line at a height of approximately 10-15’, increasing minimally as it reaches Cooper Avenue. This proposed second floor addition is therefore assumed to pierce the view plane. The infringement may be approved through administrative review if it is found to meet the criteria of Section 26.415.050.E of the Municipal Code, which require the addition to be the minimum height necessary, or which require the addition to be invisible to the naked eye from the view plane’s point of origin. Surveys, photographs, mock-ups, and similar evidence supporting a positive finding on the criteria must be provided in the application. The administrative process must be successfully completed before the project can proceed to the Historic Preservation Commission for review of topics within their purview, namely design review of the addition and Growth Management Review. If the work does not qualify for administrative approval, a variation could be included in the application for Historic Preservation Commission review, but if granted the variation would be subject to a public vote per Section 13.14 of the Municipal Code, commonly known as “Referendum 1.” RELEVANT LAND USE CODE SECTIONS: Section Number Section Title 26.304 Common Development Review Procedures 26.435.050 Mountain View Plane Review 26.575.020 Measurements and Calculations For your convenience – links to the Land Use Application, Land Use Code and design guidelines are below: Land Use Application Land Use Code Exhibit 3 98 Review by: Staff for completeness and determination. Public Hearing: No. Neighborhood Outreach: No. Referrals: Staff may seek referral comments from the Building Department, Zoning, Engineering and Parks regarding any relevant code requirements or considerations. There will be no Development Review Committee meeting or referral fees. Planning Fees: $1,300 for 4 billable hours of staff time. (Additional/ lesser hours will be billed/ refunded at a rate of $325 per hour.) Referral Agencies Fee: $0. Total Deposit: $1,300. APPLICATION CHECKLIST: Below is a list of submittal requirements. Completed Land Use Application and signed Fee Agreement. Pre-application Conference Summary (this document). Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner’s right to apply for the Development Application. Applicant’s name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. HOA Compliance form (Attached). An 8 1/2” by 11” vicinity map locating the parcel within the City of Aspen. A written description of the proposal and written explanation of how the request complies with the review standards relevant to the application. A survey indicating the projection of the Wheeler Opera House view plane across the property. Once the copy is deemed complete by staff, the following items will then need to be submitted: 1 digital PDF copy of the complete application packet. Total deposit for review of the application. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. 99 City of Aspen Community Development Department Aspen Historic Preservation Land Use Packet City of Aspen|130 S. Galena Street.| (970) 920 5090 Historic Land Use Application Requirements, Updated: March 2016 ATTACHMENT 2 - Historic Preservation Land Use Application PROJECT: Name: Location: (Indicate street address, lot & block number or metes and bounds description of property) Parcel ID # (REQUIRED)___________________________________________________________ Applicant: Name: Address: Phone #: _______________________Fax#:___________________E-mail:_______________________________________________ REPRESENTATIVE: Name: Address: Phone #: _______________________Fax#:___________________E-mail:________________________________________________ TYPE OF APPLICATION: (please check all that apply): Historic Designation Certificate of No Negative Effect Certificate of Appropriateness -Minor Historic Development -Major Historic Development -Conceptual Historic Development -Final Historic Development -Substantial Amendment Relocation (temporary, on or off-site) Demolition (total demolition) Historic Landmark Lot Split EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) ___________________________________________________________________________________________________________ PROPOSAL: (description of proposed buildings, uses, modifications, etc.) ________________________________________________________________________________________________________ Lots N, O, P Block 89, City and Townsite of Aspen, CO 2737-182-16-301 414 - 422 East Cooper Avenue LLC, Mark Hunt, Manager 2001 North Halsted Road, Suite 304 Chicago IL 60614 312-850-1680 chris@bendonadams.com BendonAdams 300 S. Spring St., #202 Aspen CO 81611 970-925-2855 mhunt@mdevco.com GMQS Commercial Design exhibit 4 100 City of Aspen Community Development Department Aspen Historic Preservation Land Use Packet City of Aspen|130 S. Galena Street.| (970) 920 5090 Historic Land Use Application Requirements, Updated: March 2016 General Information Please check the appropriate boxes below and submit this page along with your application. This information will help us review your plans and, if necessary, coordinate with other agencies that may be involved. YES NO Does the work you are planning include exterior work; including additions, demolitions, new construction, remodeling, rehabilitation or restoration? Does the work you are planning include interior work, including remodeling, rehabilitation, or restoration? Do you plan other future changes or improvements that could be reviewed at this time? In addition to City of Aspen approval for a Certificate of Appropriateness or No Negative Effect and a building permit, are you seeking to meet the Secretary of the Interior’s Standards for Rehabilitation or restoration of a National Register of Historic Places Property in order to qualify for state or federal tax credits? If yes, are you seeking federal rehabilitation investment tax credits in Conjunction with this project? (Only income producing properties listed on the National Register are eligible. Owner-occupied residential properties are not.) If yes, are you seeking the Colorado State Income Tax Credit for Historical Preservation? Please check all City of Aspen Historic Preservation Benefits which you plan to use: Rehabilitation Loan Fund Conservation Easement Program Dimensional Variances Increased Density Historic Landmark Lot Split Waiver of Park Dedication Fees Conditional Uses Tax Credits Exemption from Growth Management Quota System 101 City of Aspen Community Development Department Aspen Historic Preservation Land Use Packet City of Aspen|130 S. Galena Street.| (970) 920 5090 Historic Land Use Application Requirements, Updated: March 2016 ATTACHMENT 3 - Dimensional Requirements Form (Item #10 on the submittal requirements key. Not necessary for all projects.) Project: Applicant: Project Location: Zone District: Lot Size: Lot Area: (For the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing:__________Proposed:_________________ Number of residential units: Existing:__________Proposed:_________________ Proposed % of demolition: __________ DIMENSIONS: (write N/A where no requirement exists in the zone district) Floor Area: Height Existing:_________Allowable:__________Proposed:________ Principal Bldg.: Existing:_________Allowable:__________Proposed:________ Accessory Bldg.: Existing:_________Allowable:__________Proposed:________ On-Site parking: Existing:_________Required:___________Proposed:________ % Site coverage: Existing:_________Required:___________Proposed:________ % Open Space: Existing:_________Required:___________Proposed:________ Front Setback: Existing:_________Required:___________Proposed:________ Rear Setback: Existing:_________Required:___________Proposed:________ Combined Front/Rear: Indicate N, S, E, W Existing:_________Required:___________Proposed:________ Side Setback: Existing:_________Required:___________Proposed:________ Side Setback: Existing:_________Required:___________Proposed:________ Combined Sides: Existing:_________Required:___________Proposed:________ Distance between buildings: Existing:_________Required:___________Proposed:________ Existing non-conformities or encroachments and note if encroachment licenses have been issued: _____________________________________________________________________________ _____________________________________________________________________________ Variations requested (identify the exact variances needed): ______________________________ ______________________________________________________________________________ Red Onion/ JAS 414 - 422 East Cooper Ave., represented by BendonAdams 414-422 East Cooper Ave. CC 9,027 9,027 0 0 0 0 0 0 0 0 0 n/a n/a n/a 0 0 0 0 0 0 0 n/a 0 n/a n/a 2.25:1 commercial 20,310.75 n/a 28 ft. n/a n/a n/a n/a 102 414 -422 East Cooper Avenue, LLC 2001 North Halsted Road #304 Chicago, IL 60614 October 25, 2018 Ms. Jessica Garrow, AICP Community Development Director City of Aspen 130 So. Galena St. Aspen, Colorado 81611 RE: Red Onion Offices Ms. Garrow: Please accept this letter authorizing BendonAdams, LLC to represent our ownership interests in the Red Onion property and act on our behalf on matters regarding the property. If there are any questions about the foregoing or if I can assist, please do not hesitate to call. Property: Lots N, 0, P, Block 89, City and Townsite of Aspen. Owner: 414-422 East Cooper Avenue, LLC, a Colorado limited liability company; Kind R gards, Mark Hunt, Manager 414 -422 East Cooper Avenue, LLC 2001 North Halsted Road #304 Chicago , IL 60614 (312)850-1680 Exhibit 5 103 104 105 10/25/18 Exhibit 7 106 Active/50002845.1 730 East Durant Avenue, Second Floor, Aspen, Colorado 81611-1557 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.com May 2, 2019 City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: 414 - 422 East Cooper Avenue, LLC, a Colorado limited liability company; Certificate of Ownership Dear Sir or Madam: I am an attorney licensed by the State of Colorado to practice law. This letter shall confirm and certify that 414 - 422 East Cooper Avenue, LLC, a Colorado limited liability company, is the owner of certain improved real property located at 414 - 422 Cooper Avenue, Aspen, Colorado 81611, and legally described as follows (the "Subject Property"): Lots N, O, P, Block 89, City and Townsite of Aspen, County of Pitkin, State of Colorado. The Subject Property is subject to the following matters of record: 1. Reservation of all ores and mineral bearing rock, and so much of the said lot beneath its surface as may be necessary for mining purposes as set forth in Deed recorded June 16, 1891 in Book 93 at Page 167. 2. Easement and right of way for Party Wall as set forth in instrument recorded August 22, 1956 in Book 174 at Page 445, as assigned to 414 - 422 East Cooper Avenue, LLC pursuant to Assignment recorded October 2, 2015 as Reception No. 623842. 3. Terms, conditions, provisions and obligations as set forth in Notice of Historic Designation recorded January 13, 1975 in Book 295 at Page 515. exhibit 8 107 2 Active/50002845.1 4. Terms, conditions, provisions and obligations as set forth in Covenant recorded February 16, 1984 in Book 461 at Page 192. 5. Terms, conditions, provisions and obligations as set forth in Revocable Encroachment License with the City of Aspen recorded September 14, 2007 as Reception No. 542011. 6. Terms, conditions, provisions and obligations as set forth in Easement Agreement recorded November 20, 2008 as Reception No. 554442. 7. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Aspen Historic Preservation Commission recorded November 15, 2012 as Reception No. 593975 as Resolution No. 26, Series of 2012. 8. Notice to Vacate Condominium Plat recorded October 24, 2013 as Reception No. 604980 and Notice to Vacate All Covenants for Red Onion Condominiums recorded October 24, 2013 as Reception No. 604981. 9. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Aspen Historic Preservation Commission recorded January 14, 2014 as Reception No. 607266 as Resolution No. 2, Series of 2014. 10. Terms, conditions, provisions and obligations as set forth in the Deed of Trust given by 414 - 422 East Cooper Avenue, LLC in favor of Jefferies Loancore LLC and recorded October 2, 2015 as Reception No. 623844. 11. Assignment of Leases and Rents given by 414 - 422 East Cooper Avenue, LLC in favor of Jefferies Loancore LLC and recorded October 2, 2015 as Reception No. 623845. 12. UCC Financing Statement given by 414 - 422 East Cooper Avenue, LLC in favor of Jefferies Loancore LLC and recorded October 2, 2015 as Reception No. 623846. 13. Terms, conditions, provisions and obligations as set forth in the re-recorded Assignment of Leases and Rents given by 414 - 422 East Cooper Avenue, LLC in favor of Jefferies Loancore LLC and recorded October 8, 2015 as Reception No. 623967. 14. Terms, conditions, provisions and obligations as set forth in the Assignment of Deed of Trust, Assignment of Leases and Rents and Security Agreement between Jefferies Loancore LLC as assignor and JLC Warehouse V LLC as assignee recorded November 6, 2015 as Reception 624685. 15. Terms, conditions, provisions and obligations as set forth in the Assignment of Assignment of Leases and Rents between Jefferies Loancore LLC as assignor and JLC Warehouse V LLC as assignee recorded November 6, 2015 as Reception 624686. 16. Amendment to UCC Financing Statement recorded November 6, 2015 as Reception 624687. 108 3 Active/50002845.1 17. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the City of Aspen recorded August 19, 2016 as Reception No. 631547 as Resolution No. 109, Series of 2016. 18. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Aspen Historic Preservation Commission recorded January 3, 2017 as Reception No. 635139 as Resolution No. 35, Series of 2016. 19. Terms, conditions, provisions and obligations as set forth in the Assignment of Deed of Trust, Assignment of Leases and Rents and Security Agreement between JLC Warehouse V LLC, as assignor and Divcore CLO 2013-1 LTD., as assignee, recorded January 11, 2018 as Reception 644368. 20. Terms, conditions, provisions and obligations as set forth in the Assignment of Assignment of Leases and Rents between JLC Warehouse V LLC, as assignor and Divcore CLO 2013-1 LTD., as assignee, recorded January 11, 2018 as Reception 644369. 21. Amendment to UCC Financing Statement recorded January 11, 2018 as Reception 644370. 22. Terms, conditions, provisions and obligations as set forth in the Assignment of Deed of Trust, Assignment of Leases and Rents and Security Agreement between Divcore CLO 2013- 1 LTD., as assignor and Loancore Capital Credit REIT LLC, as assignee, recorded January 12, 2018 as Reception 644385. 22. Terms, conditions, provisions and obligations as set forth in the Assignment of Assignment of Leases and Rents between Divcore CLO 2013-1 LTD., as assignor and Loancore Capital Credit REIT LLC, as assignee, recorded January 12, 2018 as Reception 644386. 23. Amendment to UCC Financing Statement recorded January 12, 2018 as Reception 644387. 24. Terms, conditions, provisions and obligations as set forth in the Assignment of Deed of Trust, Assignment of Leases and Rents and Security Agreement between Loancore Capital Credit REIT LLC, as assignor and LCC Warehouse I LLC, as assignee, recorded January 12, 2018 as Reception 644412. 25. Terms, conditions, provisions and obligations as set forth in the Assignment of Assignment of Leases and Rents between Loancore Capital Credit REIT LLC, as assignor and LCC Warehouse I LLC, as assignee, recorded January 12, 2018 as Reception 644413. 26. Amendment to UCC Financing Statement recorded January 12, 2018 as Reception 644414. 27. Terms, conditions, provisions, obligations and all matters as set forth in Notice of Approval of the City of Aspen recorded April 3, 2019 as Reception No. 655507. 109 4 Active/50002845.1 This letter shall further confirm that as the owner of the Subject Property, 414 - 422 East Cooper Avenue, LLC, a Colorado limited liability company, 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. Sincerely, Curtis B. Sanders 110 Exhibit 9 414-420 East Cooper Avenue – Vicinity Map 111 exhibit 10 112 113 114 115 116 PROJECTSITEScalePROJECT NUMBERDATEDRAWN BYCHECKED BYmodif.modif. 1 1/2" = 1’−0"8/2/2019 11:45:34 AM1−COVER2018−00106−07−2019COVER SHEET414-422 E. COOPER AVE.REMODELASPEN, COREMODELASPEN, COVICINITY MAPDRAWING LISTN3D VIGNETTESHEET NUMBERSHEET NAMEX - 101 PROPOSED GROUND FLOOR WALL DEMOPLAN AND ELEVATIONSX - 102 PROPOSED 2ND FLOOR WALL DEMO PLANAND ELEVATIONSX - 103 PROPOSED ROOF DEMO PLANSHEET NUMBERSHEET NAMEFAR-1 CALCULATION SUMMARYFAR-2 FAR CALCULATIONSFAR-3 FAR CALCULATIONSFAR-4 FAR CALCULATIONSFAR-5 FAR CALCULATIONSNL-2 EXIST. NET LEASABLE CALCULATIONSNL-3 NET LEASABLE COMPARISONNL-4 NET LEASABLE COMPARISONNL-5 NET LEASABLE COMPARISONNL-6 NET LEASABLE CALCULATIONSNL-7 NET LEASABLE CALCULATIONSNL-8 NET LEASABLE CALCULATIONSPA-1 EXISTING PUBLIC AMENITYPA-2 PROPOSED PUBLIC AMENITYTIA TIA SITE PLANVP-1 VIEW PLANE MAPX - 100 DEMOLITION CALCULATIONSSHEET NUMBERSHEET NAME1-COVER COVER SHEET1 OF 1 IMPROVEMENT SURVEY PLATA-010 PROPOSED SITE PLANA-110B COMPARISON BASEMENT LEVELA-111B COMPARISON GROUND LEVELA-112B COMPARISON SECOND FLOOR LEVELA-113A COMPARISON ROOF PLAN LEVEL OPTION AA-200 PROPOSED ELEVATIONSA-201 PROPOSED ELEVATIONSA-301 BUIDLING SECTIONA-302 BUILDING SECTIONA-500 VIEW PLANE STUDYA-501 VIEW PLANE STUDYA-502 INTERIOR PERSPECTIVEA-503 EXTERIOR VIGNETTESA-504 EXTERIOR VIGNETTESA-600 BUILDING MATERIALS414-420 EAST COOPER AVENUELOCAL JURISDICTION:THE CITY OF ASPEN130 S. GALENA STREETASPEN, CO 81611TEL (970) 429-2681CONTACT:- BY DEPARTMENTTENANT:JAZZ ASPEN SNOWMASS110 E HALLAM ST. # 104, ASPEN, CO 81611TEL: (970) 920-4996LANDLORD:414-422 EAST COOPER AVENUE, LLC.2001 N. HALSTED ST., SUITE 304CHICAGO, IL 60614TEL. (312) 850-1680CONTACT: JEFF RICHMANARCHITECT:MODIF. ARCHITECTURE, LLC.1229 N. NORTH BRANCH STREET, SUITE 206 CHICAGO, IL 60642TEL: 312-288-2009CONTACT: ROB AVILA, RA, LEED APGENERAL CONTRACTOR:CENTAUR361 W. CHESTNUT ST., SUITE 20CHICAGO, IL 60610TEL (312) 644-4472CONTACT: BRAD HRIBARMEP ENGINEER:ARCHITECTURAL ENGINEERING CONSULTANTS40801 US HWY 6 & 24, STE 214AVON, CO 81620TEL: 970-748-8520CONTACT: STANTON HUMPHRIES, P.E.LAND USE SETLAND PLANNER:BENDONADAMS300 S. SPRING ST. #202ASPEN, CO. 8161TEL 970-925-2855CONTACT: SARA ADAMS, AICPNO.DATEBYREVISION107.31.19ISSUE TO LAND PLANNER117 C:\General CADD 12\Gxd\35243CA.gxd -- 06/06/2019 -- 02:14 PM -- Scale 1 : 120.0000 118 G G G G 7921.83' TOP BACK CURB 30.09' TT E EEEEE D DYH3. 9370'1.9685'M I NIM UMSPACI NG 1"3. 9370'1.9685'M I NIM UMSPACI NG 1" 3. 9370' 1.9685' M I NIM UMSPACI NG 1"3. 9370' 1.9685' M I NIM UMSPACI NG 1" 3. 9370'1.9685'M I NIM UMSPACI NG 1"3. 9370'1.9685'M I NIM UMSPACI NG 1" 3. 9370' 1.9685' M I NIM UMSPACI NG 1"3. 9370'1.9685'M I NIM UMSPACI NG 1"3.9370'1.9685'MINIMUMSPACING 1" 3.9370 ' 1.9685'MINIMUMSPACING 1"3. 9370'1.9685'M I NIM UMSPACI NG 1"3. 9370'1.9685'M I NIM UMSPACI NG 1" 3. 9370' 1.9685' M I NIM UMSPACI NG 1"3. 9370' 1.9685' M I NIM UMSPACI NG 1" 3.9370'1.9685'MINIMUMSPACING 1"3.9370'1.9685'MINIMUMSPACING 1"3. 9370' 1.9685' M I NIM UMSPACI NG 1"3. 9370' 1.9685' M I NIM UMSPACI NG 1" 3. 9370'1.9685'M I NIM UMSPACI NG 1"3. 9370' 1.9685' M I NIM UMSPACI NG 1" 3.9370' 1.9685'MINIMUMSPACING 1"3.9370'1.9685' MINIMUMSPACING 1" 3. 9370'1.9685'M I NIM UMSPACI NG 1"3. 9370' 1.9685' M I NIM UMSPACI NG 1" 3. 9370' 1.9685' M I NIM UMSPACI NG 1"3. 9370' 1.9685' M I NIM UMSPACI NG 1" 3. 9370' 1.9685' M I NIM UMSPACI NG 1"3. 9370'1.9685'M I NIM UMSPACI NG 1" 3. 9370' 1.9685' M I NIM UMSPACI NG 1"3. 9370'1.9685'M I NIM UMSPACI NG 1" 3. 9370'1.9685'M I NIM UMSPACI NG 1"3. 9370'1.9685'M I NIM UMSPACI NG 1" 3. 9370'1.9685'M I NIM UMSPACI NG 1"3. 9370' 1.9685' M I NIM UMSPACI NG 1" 3. 9370' 1.9685' M I NIM UMSPACI NG 1"3. 9370' 1.9685' M I NIM UMSPACI NG 1" 3. 9370' 1.9685' M I NIM UMSPACI NG 1" 3. 9370'1.9685'M I NIM UMSPACI NG 1" 3. 9370'1.9685'M I NIM UMSPACI NG 1" 3. 9370'1.9685'M I NIM UMSPACI NG 1" 3. 9370' 1.9685' M I NIM UMSPACI NG 1" 3. 9370' 1.9685' M I NIM UMSPACI NG 1" 3. 9370' 1.9685' M I NIM UMSPACI NG 1" 3. 9370'1.9685'M I NIM UMSPACI NG 1" 3. 9370'1.9685'M I NIM UMSPACI NG 1" 3. 9370'1.9685'M I NIM UMSPACI NG 1" 3. 9370' 1.9685' M I NIM UMSPACI NG 1"3. 9370'1.9685'M I NIM UMSPACI NG 1" 3. 9370' 1.9685' M I NIM UMSPACI NG 1"3. 9370' 1.9685' M I NIM UMSPACI NG 1" 3. 9370'1.9685'M I NIM UMSPACI NG 1"3. 9370' 1.9685' M I NIM UMSPACI NG 1" 3. 9370'1.9685'M I NIM UMSPACI NG 1"3. 9370'1.9685'M I NIM UMSPACI NG 1" 3. 9370' 1.9685' M I NIM UMSPACI NG 1"3. 9370'1.9685'M I NIM UMSPACI NG 1" 3. 9370' 1.9685' M I NIM UMSPACI NG 1"3. 9370' 1.9685' M I NIM UMSPACI NG 1" 3. 9370'1.9685'M I NIM UMSPACI NG 1"3. 9370'1.9685'M I NIM UMSPACI NG 1" 3. 9370' 1.9685' M I NIM UMSPACI NG 1"3. 9370' 1.9685' M I NIM UMSPACI NG 1"ADJACENT BUILDING(N.I.C.)408 E. COOPER AVE.422-434 APPROVED DEVELOPMENT 422-434 APPROVED DEVELOPMENTALLEY COOPER AVE. PEDESTRIAN MALL TERRACE WHEELER OPERA HOUSE VIEW PLANE LIMITPROPERTY LINE414 -420 E. COOPER AVE. 422−434 E. COOPER PROPOSED TWO STORY DEVELOPMENT N.I.C.SOUTH GALENA STREETCOOPER AVE. PEDESTRIAN MALL ALLEY 300 SF INTERIOR TRASH AREA FDN. DRYWELL EGRESS DOOR OVERHEAD DOOR ENTRY/EGRESS DOORS ENTRY/EGRESS DOORS ENTRY/EGRESS DOORS ENTRY/EGRESS DOORS ENTRY/EGRESS DOORS 420 E. COOPER KITCHEN 422 E. COOPER EXIST. 414 −422 E. COOPER FACADE10’ − 0"12’ − 0" NEW BUILDING TRANSFORMER LOCATED ACROSS THE ALLEY ON PROPERTY UNDER THE CONTROL OF THE SAME OWNERSHIP 300 SF. INTERIOR TRASH AREA Scale PROJECT NUMBER DATE DRAWN BY CHECKED BY modif. modif. 3/32" = 1’−0"8/1/2019 2:02:41 PMA−010 2018−001 06−07−2019 PROPOSED SITE PLAN414-422 E. COOPER AVE.REMODELASPEN, CO3/32" = 1'-0"1 PROPOSED SITE PLAN N NO.DATEBYREVISION107.31.19ISSUE TO LAND PLANNER119 UP UP UP UP UP 246 SF STAIR #2 64 SF ELEV. 204 SF STAIR #1 125 SF MECH. RM. 205 SF WATER/ MECH. RM. 420 E. COOPER EXISTING BASEMENT 015 NO CHANGES AT THIS LEVEL 422-434 APPROVED DEVELOPMENT 422-434 APPROVED DEVELOPMENT 2 A-302 1 A-302 2 A-302(B) 1 A-301 1 A-301(B) 2 A-301 2 A-301(B) 422-434 APPROVED DEVELOPMENT 422-434 APPROVED DEVELOPMENT 3/16" = 1'-0"2 PROPOSED BASEMENT LEVEL 3/16" = 1'-0"1 EXISTING BASEMENT LEVEL N Scale PROJECT NUMBER DATE DRAWN BY CHECKED BY modif. modif. 3/16" = 1’−0"8/1/2019 2:02:41 PMA−110B 2018−001 06−07−2019 COMPARISON BASEMENT LEVEL414-422 E. COOPER AVE.REMODELASPEN, CO** NO WORK PROPOSED ON THIS LEVEL NO.DATEBYREVISION107.31.19ISSUE TO LAND PLANNER120 UP DN UP DN DN FD UP UP 422-434 APPROVED DEVELOPMENT 422-434 APPROVED DEVELOPMENT 414 TENANT SPACE 113 416 TENANT SPACE 112 420 TENANT SPACE 111 300 SF TRASH AREA LOBBY 102 SEE SITE PLAN FOR TRANSORMER LOCATION STAIRS AND ELEVATOR HAVE BEEN RELOCATED OFF OF WEST WALL COMMON Scale PROJECT NUMBER DATE DRAWN BY CHECKED BY modif. modif. 3/16" = 1’−0"8/1/2019 2:28:16 PMA−111B 2018−001 06−07−2019 COMPARISON GROUND LEVEL414-422 E. COOPER AVE.REMODELASPEN, CO3/16" = 1'-0"1 EXISTING GROUND FLOOR 3/16" = 1'-0"2 PROPOSED GROUND FLOOR LEVEL N NO.DATEBYREVISION107.31.19ISSUE TO LAND PLANNER121 DN DN DN DN OUTDOOR TERRACE OUTDOOR TERRACE ROOF OVER 1 STORY SPACE OUTDOOR TERRACE 210 FUTURE VENUE SPACE 208 FUTURE GREEN RM. 213 FUTURE CATERING KITCHEN 206 CORRIDOR 220 FUTURE WOMEN'S 204 FUTURE WINE LOCKER 218 FUTURE LOUNGE 207 FUTURE VESTIBULE 219 TERRACE 204 FUTURE LOBBY/ GALLERY 202 STAIR #1 205 ELEV. 203 MECH. CHASE 201 SHARED CORR. 205 STAIR #2 206 FUTURE J.C. 212 CORR. 211 FUTURE STORAGE 216 FUTURE STAGE SKYLIGHT ABOVE, TYP. NEW ROOF INFILL SKYLIGHT NEW RAILING NEW TERRACE FLOOR NEW LANDSCAPING NEW EXTERIOR WALL NEW FOLDING DOORS 180 PEOPLE EXIT CAPACITY INFILL FLOOR NEW WALL OPENING NEW WALL OPENING NEW WALL OPENING KITCHEN MECH. CHASE KITCHEN MECH. CHASE FIN. FLR. ELEV. OVER EXIST. KITCHEN 3 LAVS, 5 W.C.’S (RAISED FLOOR AREA) RAMP TO RESTROOMS, EXIT 3 LAVS, 5 W.C.’S (RAISED FLOOR AREA) FIN. FLR. ELEV. OF 414−420 BLDG. RAILING MECH. CHASE FOR LOBBY BELOW NEW FOLDING DOORS FRAMELESS DOORNEW WALL OPENING NEW WALL OPENING DONOR WALL ROLL−DOWN SECURITY GRILLE NEW FOLDING DOORS FUTURE COUNTER SEATING (RAISED FLOOR AREA) PROPOSED SKYLIGHT FUTURE MEN'S 203 FUTURE STORAGE 217 422-434 APPROVED DEVELOPMENT 422-434 APPROVED DEVELOPMENT Scale PROJECT NUMBER DATE DRAWN BY CHECKED BY modif. modif. 3/16" = 1’−0"8/1/2019 2:02:43 PMA−112B 2018−001 06−07−2019 COMPARISON SECOND FLOOR LEVEL414-422 E. COOPER AVE.REMODELASPEN, CO3/16" = 1'-0"1 EXISTING 2ND FLOOR 3/16" = 1'-0"2 PROPOSED 2ND FLOOR PLAN N NO.DATEBYREVISION107.31.19ISSUE TO LAND PLANNER122 RD RD RD RDRDRD EXIST. MECH. EQ. ON ROOF STRUCTURE LEVEL TO BE REMOVED EXIST. EQ. TO BE RELOCATED EXIST. SKYLIGHT TO BE REMOVED EXIST. SKYLIGHT TO BE REMOVED EXISTING MECH. EQ TO BE REMOVED DECK LEVEL TO BE REMOVED EXIST. STEP TO BE REMOVED EXIST.RAILING TO BE REMOVED EXISTING RAIL TO BE REMOVED 2 A-302 1 A-302 1 A-301 2 A-301 ADJACENT BUILDING(N.I.C.)408 E. COOPER AVE.TERRACE PROPERTY LINEEXIST. LIGHTING PROPOSED RECTANGULAR SKYLIGHT NEW ROOF CONSTRUCTION OVER 414-418 E. COOPER PROPOSED SKYLIGHT EXISTING ROOF TO REMAIN 422-434 APPROVED DEVELOPMENT 422-434 APPROVED DEVELOPMENT NEW MECH. EQ TO REPLACE EXISTING NEW MECH. EQ. 26’ − 0"13’ − 4"15’ − 0"PROPOSED MECH. EQ. NEW LOCATION PROPOSED NEW MECH. EQ. NEW PARAPET CONSTRUCTION NEW MECH. EQ TO REPLACE EXISTING 422 E. COOPER (N.I.C.)32' - 7 9/32" 27' - 8 27/32" 31' - 9 1/32" 32' - 8" 31' - 10 9/16" 32' - 7 9/32" 32' - 7 9/32" 30' - 6 5/8" 31' - 4 23/32" NEW MECH. SCREEN3/8" / 1'-0"3/8" / 1'-0"3 /8 " / 1 '-0 "1/4" / 1'-0"3/8" / 1'-0"3 /8 " / 1 '-0 "1/4" / 1'-0"3/8" / 1'-0"1/2" / 1'-0"TERRACE WHOLE BLDG. ENERGY MODEL TO BE PROVIDED AT TIME OF BLDG. PERMIT SUBMITTAL Scale PROJECT NUMBER DATE DRAWN BY CHECKED BY modif. modif. 3/16" = 1’−0"8/1/2019 2:02:44 PMA−113A 2018−001 06−07−2019 COMPARISON ROOF PLAN LEVEL OPTION A414-422 E. COOPER AVE.REMODELASPEN, CO3/16" = 1'-0"1 EXISTING ROOF PLAN 3/16" = 1'-0"2 PROPOSED ROOF PLAN NO.DATEBYREVISION107.31.19ISSUE TO LAND PLANNER123 2ND FLOOR F.F. 14’ −4 13/16" GROUND FLOOR 0’ −0’’ 7925.3’ 0’ −0" EXISTING SOUTH PARAPET 27’ −0" RED ONION PARAPET 32’ −6" RED ONION ROOF 29’ −0" HIGH POINT 36’ −5" 422-434 APPROVED DEVELOPMENT ADJACENT BUILDING(N.I. C.) 408 E. COOPER AVE. A B PROPOSED SKYLIGHT TOP OF SKYLIGHT 31’ −6" PROPOSED NEW PARAPET 28’ −0" 1 A-302 1 A-302(B) 1 A-301 1 A-301(B) 2ND FLOOR F.F. 14’ −4 13/16" GROUND FLOOR 0’ −0’’ 7925.3’ 0’ −0" EXISTING SOUTH PARAPET 27’ −0" RED ONION PARAPET 32’ −6" RED ONION ROOF 29’ −0" HIGH POINT 36’ −5" 422-434 APPROVED DEVELOPMENT ADJACENT BUILDING(N.I.C.) 408 E. COOPER AVE. LOWEST POINT AT ALLEY −2’ −3 19/32" AB TOP OF SKYLIGHT 31’ −6" PROPOSED SKYLIGHT PROPOSED WINDOWS OPENING CAST STONE SILL MODULAR BRICK PROPOSED NEW PARAPET 28’ −0" 1 A-302 1 A-302(B) 1 A-301 1 A-301(B) PROPOSED SKYLIGHT Scale PROJECT NUMBER DATE DRAWN BY CHECKED BY modif. modif. 3/16" = 1’−0"8/1/2019 2:02:49 PMA−200 2018−001 06−07−2019 PROPOSED ELEVATIONS414-422 E. COOPER AVE.REMODELASPEN, CO3/16" = 1'-0"1 SOUTH ELEVATION 3/16" = 1'-0"2 NORTH ELEVATION NO.DATEBYREVISION107.31.19ISSUE TO LAND PLANNER124 2ND FLOOR F.F. 14’ −4 13/16" GROUND FLOOR 0’ −0’’ 7925.3’ 0’ −0" EXISTING SOUTH PARAPET 27’ −0" RED ONION PARAPET 32’ −6" RED ONION ROOF 29’ −0" LOWEST POINT AT ALLEY −2’ −3 19/32" 2 A-300 1 2 3 4 5 6 7 TOP OF SKYLIGHT 31’ −6" PROPOSED NEW PARAPET 28’ −0" 2 A-302 EAST ELEVATION IS PART OF 422-434 APPROVED DEVELOPMENT PROPOSED SKYLIGHT 2 A-301 2ND FLOOR F.F. 14’ −4 13/16" GROUND FLOOR 0’ −0’’ 7925.3’ 0’ −0" EXISTING SOUTH PARAPET 27’ −0" RED ONION PARAPET 32’ −6" RED ONION ROOF 29’ −0" HIGH POINT 36’ −5" LOWEST POINT AT ALLEY −2’ −3 19/32" 1234567 TOP OF SKYLIGHT 31’ −6" PROPOSED NEW PARAPET 28’ −0" 2 A-302 WEST ELEVATION EXIST. PARTY WALL WITH 408 E COOPER PROPOSED SKYLIGHT 2 A-301 Scale PROJECT NUMBER DATE DRAWN BY CHECKED BY modif. modif. 3/16" = 1’−0"8/1/2019 2:02:56 PMA−201 2018−001 06−07−2019 PROPOSED ELEVATIONS414-422 E. COOPER AVE.REMODELASPEN, CO3/16" = 1'-0"1 EAST ELEVATION 3/16" = 1'-0"2 WEST ELEVATION NO.DATEBYREVISION107.31.19ISSUE TO LAND PLANNER125 2ND FLOOR F.F. 14’ −4 13/16" BASEMENT LEVEL −8’ −11 7/8" GROUND FLOOR 0’ −0’’ 7925.3’ 0’ −0" RED ONION PARAPET 32’ −6" RED ONION ROOF 29’ −0" HIGH POINT 36’ −5" LOWEST POINT AT ALLEY −2’ −3 19/32" 1234567 TOP OF SKYLIGHT 31’ −6" PROPOSED NEW PARAPET 28’ −0" 2 A-302 FUTURE LOUNGE 207 FUTURE VENUE SPACE 208 FUTURE WOMEN'S 204 420 E. COOPER EXISTING BASEMENT 015 420 TENANT SPACE 111 416 TENANT SPACE 112 OUTDOOR TERRACE 210 V I E W P L A N E PORTION OF PROPOSED BUILDING WITHIN WHEELER VIEW PLANE 2 A-301 FUTURE VESTIBULE 219 PROPOSED SKYLIGHT 2ND FLOOR F.F. 14’ −4 13/16" GROUND FLOOR 0’ −0’’ 7925.3’ 0’ −0" EXISTING SOUTH PARAPET 27’ −0" RED ONION PARAPET 32’ −6" HIGH POINT 36’ −5" LOWEST POINT AT ALLEY −2’ −3 19/32" AB PROPOSED NEW PARAPET 28’ −0" 1 A-301 422-434 APPROVED DEVELOPMENT ADJACENT BUILDING(N.I.C.) 408 E. COOPER AVE. 420 TENANT SPACE 111 416 TENANT SPACE 112 414 TENANT SPACE 113 420 E. COOPER EXISTING BASEMENT 015 FUTURE VENUE SPACE 208 VIEW PLANE PORTION OF PROPOSED BUILDING WITHIN WHEELER VIEW PLANE FUTURE VESTIBULE 219 PROPOSED SKYLIGHT PROPOSED SKYLIGHT Scale PROJECT NUMBER DATE DRAWN BY CHECKED BY modif. modif. 3/16" = 1’−0"8/1/2019 2:03:00 PMA−301 2018−001 06−07−2019 BUIDLING SECTION414-422 E. COOPER AVE.REMODELASPEN, CO3/16" = 1'-0"1 BUILDING SECTION 3/16" = 1'-0"2 BUILDING SECTION NO.DATEBYREVISION107.31.19ISSUE TO LAND PLANNER126 2ND FLOOR F.F. 14’ −4 13/16" BASEMENT LEVEL −8’ −11 7/8" GROUND FLOOR 0’ −0’’ 7925.3’ 0’ −0" EXISTING SOUTH PARAPET 27’ −0" RED ONION PARAPET 32’ −6" RED ONION ROOF 29’ −0" HIGH POINT 36’ −5" 2ND FLOOR STRUCT. 13’ −0 13/16" AB TOP OF SKYLIGHT 31’ −6" PROPOSED NEW PARAPET 28’ −0" 420 E. COOPER EXISTING BASEMENT 015 420 TENANT SPACE 111 FUTURE VESTIBULE 219 416 TENANT SPACE 112 FUTURE VENUE SPACE 208 414 TENANT SPACE 113 PROPOSED SKYLIGHT PROPOSED SKYLIGHT OPEN, EXPOSED BUILDING STRUCTURE 1 A-302 1 A-301 MECH. SCREEN PORTION OF PROPOSED BUILDING WITHIN WHEELER VIEW PLANE ADJACENT BUILDING(N.I.C.) 408 E. COOPER AVE.5’ − 6"3 Z-003 2 Z-004 2ND FLOOR F.F. 14’ −4 13/16" BASEMENT LEVEL −8’ −11 7/8" GROUND FLOOR 0’ −0’’ 7925.3’ 0’ −0" EXISTING SOUTH PARAPET 27’ −0" RED ONION PARAPET 32’ −6" HIGH POINT 36’ −5" 2ND FLOOR STRUCT. 13’ −0 13/16" 1234567 TOP OF SKYLIGHT 31’ −6" PROPOSED NEW PARAPET 28’ −0" 2 A-302 FUTURE CATERING KITCHEN 206 FUTURE VENUE SPACE 208 OUTDOOR TERRACE 210 416 TENANT SPACE 112 TRASH & UTILITY AREA 115 PROPOSED SKYLIGHT, TYP. 414 TENANT SPACE 113 2 A-301 MECH. SCREEN PORTION OF PROPOSED BUILDING WITHIN WHEELER VIEW PLANE 2 Z-002 4 Z-002 Scale PROJECT NUMBER DATE DRAWN BY CHECKED BY modif. modif. 3/16" = 1’−0"8/1/2019 2:03:02 PMA−302 2018−001 06−07−2019 BUILDING SECTION414-422 E. COOPER AVE.REMODELASPEN, CO3/16" = 1'-0"2 BUILDING SECTION 3/16" = 1'-0"1 BUILDING SECTION NO.DATEBYREVISION107.31.19ISSUE TO LAND PLANNER127 RDRD RDRDRDRD D D Y H 422-434 APPROVED DEVELOPMENTALLEY COOPER AVE. PEDESTRIAN MALL TERRACE WHEELER OPERA HOUSE VIEW PLANE LIMIT 414 -420 E. COOPER AVE. 422−434 E. COOPER PROPOSED TWO STORY DEVELOPMENT N.I.C.SOUTH GALENA STREET1 **408 E. COOPER PARAPET Scale PROJECT NUMBER DATE DRAWN BY CHECKED BY modif. modif. 1" = 30’−0"7/31/2019 3:22:31 PMA−500 2018−001 06−07−2019 VIEW PLANE STUDY414-422 E. COOPER AVE.REMODELASPEN, CO1 SITE PLAN VIEW PLANE **408 E. COOPER PARAPET SEE IMAGE BELOW PHOTO ALONG VIEW PLANE LIMIT NEAR ORIGIN POINT PHOTO ALONG VIEW PLANE LIMIT NEAR ORIGIN POINT, ENLARGED PROPOSED ALLEY PARAPET * SEE A-501 FOR CAMERA VIEWS NO.DATEBYREVISION107.31.19ISSUE TO LAND PLANNER128 Scale PROJECT NUMBER DATE DRAWN BY CHECKED BY modif. modif.6/10/2019 3:16:41 PMA−501 2018−001 06−07−2019 VIEW PLANE STUDY414-422 E. COOPER AVE.REMODELASPEN, CONO.DATEBYREVISION2 VIEW PLANE MASSING STUDY-2 1 VIEW PLANE MASSING STUDY 3 VIEW PLANE ENLARGED MASSING STUDY VIEW PLANE LIMIT401 E. HYMAN AVE. 408 E. COOPER (ASPEN SPORTS) E HYMAN AVE.SOUTH MILL AVE. ADDITION NOT VISIBLE FROM VIEW PLANE ORIGIN PROPOSED ALLEY PARAPET ADDITION NOT VISIBLE FROM VIEW PLANE ORIGIN VIEW PLANE LIMITVIEW PLANE LIMIT408 E. COOPER VIEW PLANE MASSING OUTLINE PROPOSED SKYLIGHTS PROPOSED MECH. EQ. 6’ MAX. HT. 414−422 E. COOPER BUILDING OUTLINE (BEHIND) ADDITION NOT VISIBLE FROM VIEW PLANE ORIGIN 129 Scale PROJECT NUMBER DATE DRAWN BY CHECKED BY modif. modif.8/1/2019 2:03:04 PMA−502 2018−001 06−07−2019 INTERIOR PERSPECTIVE414-422 E. COOPER AVE.REMODELASPEN, CO1 OPTION A INTERIOR VIEW NO.DATEBYREVISION107.31.19ISSUE TO LAND PLANNER130 THE RED ONION 414-420 EAST COOPER AVENUE VI EW PLANE LI MI T1 2 Scale PROJECT NUMBER DATE DRAWN BY CHECKED BY modif. modif. 3" = 1’−0"6/7/2019 11:23:53 AMA−502 2018−001 06−07−2019 EXTERIOR VIGNETTES414-422 E. COOPER AVE.REMODELASPEN, CONO.DATEBYREVISION4 3D VIEW OPTION A OR B 1 VIEW PLANE MAP 2 3D VIEW OPTION A OR B A−503 131 Scale PROJECT NUMBER DATE DRAWN BY CHECKED BY modif. modif.106−06−19TDISSUE TO LAND PLANNER6/7/2019 10:57:25 AMA−503 2018−001 06−07−2019 EXTERIOR VIGNETTES414-422 E. COOPER AVE.REMODELASPEN, CO2 EXTERIOR VIGNETTE OPTION B NO.DATEBYREVISION1 EXTERIOR VIGNETTE OPTION A A−504 132 2ND FLOOR F.F. 14’ −4 13/16" GROUND FLOOR 0’ −0’’ 7925.3’ 0’ −0" EXISTING SOUTH PARAPET 27’ −0" RED ONION PARAPET 32’ −6" HIGH POINT 36’ −5" LOWEST POINT AT ALLEY −2’ −3 19/32" TOP OF SKYLIGHT 31’ −6" PROPOSED NEW PARAPET 28’ −0" 422-434 APPROVED DEVELOPMENT ADJACENT BUILDING(N.I.C.) 408 E. COOPER AVE. PROPOSED SKYLIGHT PROPOSED INSULATED GLAZED WINDOWS OPENING PROPOSED CAST STONE SILL MODULAR BRICK TO MATCH RED ONION BRICK EXISTING BAND TO REMAIN EXISTING CMU REMAIN MOST RESTRICTIVE GRADE POINT (7922.8) PROPOSED PARAPET NOT TO EXCEED 28' FROM MOST RESTRICTIVE GRADE EXIST. CONSTRUCTION TO REMAIN EXIST. CONSTRUCTIONNEW CONSTRUCTIONEXIST. PARTY WALL TO REMAIN PROPOSED SLOPED ROOF AREA D 2 B1 B2 S1 W1 D 1 BRICK TO MATCH RED ONION BRICK B2 TRASH AREA DOOR -D2 NANA WALL FOLDING DOOR -D3 FLUSH COMMERCIAL HOLLOW METAL DOOR D1 INSULATED GLAZED WINDOWS W1 & STONE SILL S1 MECH. SCREEN -S2 CMU -PAINTED TO MATCH EXT'G -B1 BUILDING MATERIALS LEGEND/IMAGES METAL AND GLASS RAILING -R1 EXTERIOR LIGHTING 2ND FLOOR F.F. 14’ −4 13/16" GROUND FLOOR 0’ −0’’ 7925.3’ 0’ −0" EXISTING SOUTH PARAPET 27’ −0" RED ONION PARAPET 32’ −6" HIGH POINT 36’ −5" TOP OF SKYLIGHT 31’ −6" PROPOSED NEW PARAPET 28’ −0" 422-434 APPROVED DEVELOPMENT ADJACENT BUILDING(N.I. C.) 408 E. COOPER AVE. PROPOSED SKYLIGHT (BEYOND) MECH. SCREEN (BEYOND) REPLICATE EXIST. PARAPET DETAIL PROPOSED GLASS RAILING PROPOSED EXTERIOR LIGHTING PROPOSED FOLDING DOORS EXTENDED MASONRY TO MATCH EXISTING EXISTING CONSTRUCTION TO REMAIN S2 R1 D2 Scale PROJECT NUMBER DATE DRAWN BY CHECKED BY modif. modif. As indicated 8/1/2019 2:03:08 PMA−600 2018−001 06−07−2019 BUILDING MATERIALS414-422 E. COOPER AVE.REMODELASPEN, CO1 NORTH ELEVATION 3/16" = 1'-0"3 SOUTH ELEVATION NO.DATEBYREVISION107.31.19ISSUE TO LAND PLANNER133 ScalePROJECT NUMBERDATEDRAWN BYCHECKED BYmodif.modif.7/31/2019 2:30:55 PMFAR−12018−00106−07−2019CALCULATIONSUMMARY414-422 E. COOPER AVE.REMODELASPEN, CONO.DATEBYREVISION107.31.19ISSUE TO LAND PLANNER134 UPUP−14’ − 0"COMMERCIAL AREA(EXEMPT)01STAIR #2014STAIR #1011COMMON AREA(EXEMPT)02COMMERCIAL AREA(EXEMPT)03COMMON AREA(EXEMPT)04420 E. COOPER EXISTINGBASEMENT015TENANT SPACE 'A' LOWERLEVEL010bELEV.012MECH. CHASE016LANDLORD MECH. RM.013MECH. RM.017SITE S.F.= 90.27X100 = 9,027 S.F.TOTAL AREA TOWARDS FAR =BASEMENT EXPOSED WALL TOWARDS FAR = 76 S.F.PROPOSED FAR = ScalePROJECT NUMBERDATEDRAWN BYCHECKED BYmodif.modif.As indicated8/1/2019 1:46:48 PMFAR−22018−00106−07−2019FARCALCULATIONS414-422 E. COOPER AVE.REMODELASPEN, CON 3/16" = 1'-0"1LOWER LEVEL PROPOSED FAR CALCULATIONSLOWER LEVEL FARCOMMERCIAL AREA (EXEMPT) 2,641.77 SF COMMERCIAL AREA (EXEMPT)COMMON AREA (EXEMPT) 1,056.54 SF COMMON AREA (EXEMPT)414-422 E. COOPER FAR CALCULATIONSAREA TOWARDS FAR : 0 SFSECOND LEVEL FARCOMMERCIAL AREA7,339 SF COMMERCIAL AREACOMMON AREA119 SF COMMON AREACOMMON AREA (EXEMPT) 309 SF COMMON AREA (EXEMPT)STAIR OPENING (EXEMPT) 188 SF STAIR OPENING (EXEMPT)TERRACE1,082 SF OUTDOOR (EXEMPT)AREA TOWARDS FAR 9,037 SF7,458 SFNO.DATEBYREVISION107.31.19ISSUE TO LAND PLANNER16,337 S.F.1.81GROUND LEVEL FARCOMMERCIAL AREA 6,728 SF COMMERCIAL AREACOMMON AREA 569 SF COMMON AREACOMMON AREA 356 SF COMMON AREACOMMON AREA 200 SF COMMON AREANON-UNIT SPACE 950 SF NON-UNIT SPACEAREA TOWARDS FAR 8,803 SF 135 FDCOMMERCIAL AREA100NON-UNIT SPACE101COMMON AREA102EXISTINGRECESSED ENTRY420 TENANT SPACE111416 TENANT SPACE112414 TENANT SPACE113EXIST. KITCHEN114TRASH & UTILITY AREA115FUTURE MECH. CHASE111ELEV.104STAIR #2110EGRESS CORRIDOR109EGRESS CORRIDOR108TRASH & UTILITY RM.106LOBBY102COMMON AREA210STAIR #1105COMMERCIAL A212SITE S.F.= 90.27X100 = 9,027 S.F.TOTAL AREA TOWARDS FAR = 16,312 S.F.BASEMENT EXPOSED WALL TOWARDS FAR = 76 S.F.PROPOSED FAR = 1.82ScalePROJECT NUMBERDATEDRAWN BYCHECKED BYmodif.modif.As indicated8/1/2019 1:46:49 PMFAR−32018−00106−07−2019FARCALCULATIONS414-422 E. COOPER AVE.REMODELASPEN, CON 3/16" = 1'-0"1GROUND FLOOR PROPOSED FAR CALCULATIONSNO.DATEBYREVISION107.31.19ISSUE TO LAND PLANNERLOWER LEVEL FARCOMMERCIAL AREA (EXEMPT) 2,641.77 SF COMMERCIAL AREA (EXEMPT)COMMON AREA (EXEMPT) 1,056.54 SF COMMON AREA (EXEMPT)414-422 E. COOPER FAR CALCULATIONSAREA TOWARDS FAR : 0 SFSECOND LEVEL FARCOMMERCIAL AREA7,339 SF COMMERCIAL AREACOMMON AREA119 SF COMMON AREACOMMON AREA (EXEMPT) 309 SF COMMON AREA (EXEMPT)STAIR OPENING (EXEMPT) 188 SF STAIR OPENING (EXEMPT)TERRACE1,082 SF OUTDOOR (EXEMPT)AREA TOWARDS FAR 9,037 SF7,458 SFSITE S.F.= 90.27X100 = 9,027 S.F.TOTAL AREA TOWARDS FAR =BASEMENT EXPOSED WALL TOWARDS FAR = 76 S.F.PROPOSED FAR = 16,337 S.F.1.81COMMONLOBBYSTAIR #1105COMMON AREA212GROUND LEVEL FARCOMMERCIAL AREA 6,728 SF COMMERCIAL AREACOMMON AREA 569 SF COMMON AREACOMMON AREA 356 SF COMMON AREACOMMON AREA 200 SF COMMON AREANON-UNIT SPACE 950 SF NON-UNIT SPACEAREA TOWARDS FAR 8,803 SF 136 COMMERCIAL AREA200TERRACE206COMMON AREA(EXEMPT)202FUTURE GREEN RM.213FUTURE CATERING KITCHEN206FUTURE VENUE SPACE208FUTURE LOUNGE207FUTURE RED ONION BAR209FUTURE LOBBY/ GALLERY202STAIR #1205STAIR #2206FUTURE MEN'S203FUTURE J.C.212CORRIDOR220FUTURE WOMEN'S204FUTURE WINE LOCKER218FUTURE STORAGE216FUTURE VESTIBULE219SHARED CORR.205ELEV.203MECH. CHASE201TERRACE207COMMERCIAL AREA20965 SFCOMMON AREA(EXEMPT)COMMON AREA205FUTURE STORAGE217188 SFSTAIR OPENING(EXEMPT)SITE S.F.= 90.27X100 = 9,027 S.F.TOTAL AREA TOWARDS FAR = 16,312 S.F.BASEMENT EXPOSED WALL TOWARDS FAR = 76 S.F.PROPOSED FAR = 1.82ScalePROJECT NUMBERDATEDRAWN BYCHECKED BYmodif.modif.As indicated8/1/2019 1:46:50 PMFAR−42018−00106−07−2019FARCALCULATIONS414-422 E. COOPER AVE.REMODELASPEN, CON 3/16" = 1'-0"12ND FLOOR FAR CALCULATIONSNO.DATEBYREVISION107.31.19ISSUE TO LAND PLANNERLOWER LEVEL FARCOMMERCIAL AREA (EXEMPT) 2,641.77 SF COMMERCIAL AREA (EXEMPT)COMMON AREA (EXEMPT) 1,056.54 SF COMMON AREA (EXEMPT)414-422 E. COOPER FAR CALCULATIONSAREA TOWARDS FAR : 0 SFSECOND LEVEL FARCOMMERCIAL AREA7,339 SF COMMERCIAL AREACOMMON AREA119 SF COMMON AREACOMMON AREA (EXEMPT) 309 SF COMMON AREA (EXEMPT)STAIR OPENING (EXEMPT) 188 SF STAIR OPENING (EXEMPT)TERRACE1,082 SF OUTDOOR (EXEMPT)AREA TOWARDS FAR 9,037 SF7,458 SFSITE S.F.= 90.27X100 = 9,027 S.F.TOTAL AREA TOWARDS FAR =BASEMENT EXPOSED WALL TOWARDS FAR = 76 S.F.PROPOSED FAR = 16,337 S.F.1.81GROUND LEVEL FARCOMMERCIAL AREA 6,728 SF COMMERCIAL AREACOMMON AREA 569 SF COMMON AREACOMMON AREA 356 SF COMMON AREACOMMON AREA 200 SF COMMON AREANON-UNIT SPACE 950 SF NON-UNIT SPACEAREA TOWARDS FAR 8,803 SF 137 2ND FLOOR F.F.14’ − 4 13/16"GROUND FLOOR 0’ −0’’7925.3’0’ − 0"EXISTING SOUTHPARAPET27’ − 0"RED ONION PARAPET32’ − 6"HIGH POINT36’ − 5"PROPOSED NEWPARAPET28’ − 0"422−434 APPROVED DEVELOPMENTADJACENT BUILDING(N.I.C.)408 E. COOPER AVE.PROPOSED SKYLIGHTNO EXPOSED BASEMENTALONG THIS ELEVATION2ND FLOOR F.F.14’ − 4 13/16"GROUND FLOOR 0’ −0’’7925.3’0’ − 0"EXISTING SOUTHPARAPET27’ − 0"RED ONION PARAPET32’ − 6"HIGH POINT36’ − 5"LOWEST POINT ATALLEY−2’ − 3 19/32"PROPOSED NEWPARAPET28’ − 0"422−434 APPROVED DEVELOPMENTADJACENT BUILDING(N.I.C.)408 E. COOPER AVE.PROPOSED SKYLIGHTPROPOSED WINDOWS OPENINGCAST STONE SILLMODULAR BRICK112 S.F. (NO BASEMENT ALONG THIS ELEVATION)76 S.F. TOWARDS F.A.R.81 S.F. (NO BASEMENT ALONG THIS ELEVATION)2ND FLOOR F.F.14’ − 4 13/16"GROUND FLOOR 0’ −0’’7925.3’0’ − 0"EXISTING SOUTHPARAPET27’ − 0"RED ONION PARAPET32’ − 6"LOWEST POINT ATALLEY−2’ − 3 19/32"PROPOSED NEWPARAPET28’ − 0"EAST ELEVATION IS PART OF 422−434 APPROVED DEVELOPMENTPROPOSED SKYLIGHT116 S.F. (NO BASEMENT ALONG THIS ELEVATION)2ND FLOOR F.F.14’ − 4 13/16"GROUND FLOOR 0’ −0’’7925.3’0’ − 0"EXISTING SOUTHPARAPET27’ − 0"RED ONION PARAPET32’ − 6"HIGH POINT36’ − 5"LOWEST POINT ATALLEY−2’ − 3 19/32"PROPOSED NEWPARAPET28’ − 0" WEST ELEVATION PARTY WALL WITH 408 E COOPERPROPOSED SKYLIGHTS116 S.F. (NO BASEMENT ALONG THIS ELEVATION)ScalePROJECT NUMBERDATEDRAWN BYCHECKED BYmodif.modif. 1/8" = 1’−0"8/1/2019 1:46:55 PMFAR−52018−00106−07−2019FARCALCULATIONS414-422 E. COOPER AVE.REMODELASPEN, CO 1/8" = 1'-0"1SOUTH ELEVATION - FAR CALCULATION 1/8" = 1'-0"2NORTH ELEVATION - FAR CALCULATION 1/8" = 1'-0"3EAST ELEVATION - FAR CALCULATION 1/8" = 1'-0"4WEST ELEVATION - FAR CALCULATIONSNO.DATEBYREVISION107.31.19ISSUE TO LAND PLANNER138 ScalePROJECT NUMBERDATEDRAWN BYCHECKED BYmodif.modif.8/1/2019 1:46:56 PMNL−22018−00106−07−2019EXIST. NETLEASABLECALCULATIONS414-422 E. COOPER AVE.REMODELASPEN, CONO.DATEBYREVISIONNET LEASABLE AREA − 7,921 SFCOMMON AREA − 268 SFMAIN FLOOR GROSS FLOOR AREA − 8,189 SFGROUND FLOOR − EXT’G CONDITION CALCULATIONS418-422 E. COOPPER EXIST. LOWER LEVEL418-422 E. COOPPER EXIST. GROUND FLOOR418-422 E. COOPPER EXIST. SECOND FLOORNET LEASABLE AREA − 1,579 SFCOMMON AREA − 0 SFLOWER LEVELGROSS FLOOR AREA − 1,579 SFLOWER LEVEL − EXT’G CONDITION CALCULATIONSNET LEASABLE AREA − 3,578 SFCOMMON AREA − 998 SFSECOND FLOOR GROSS FLOOR AREA − 4,576 SFSECOND FLOOR − EXT’G CONDITION CALCULATIONS1,617 SF LEASABLE(422 E. COOPER SPACE) 3/32" = 1'-0"1EXISTING FLOOR PLANSN139 ScalePROJECT NUMBERDATEDRAWN BYCHECKED BYmodif.modif.8/1/2019 1:46:56 PMNL−32018−00106−07−2019NET LEASABLECOMPARISON414-422 E. COOPER AVE.REMODELASPEN, CONO.DATEBYREVISION107.31.19ISSUE TO LAND PLANNER167 SFMECH. RM.209163 SFSTAIR #120847 SFELEV.207163 SFSTAIR #220675 SFMECH. RM.205CORRIDOR204EXISTINGAPPROVED AS PART OF 422-434 DEVELOPMENTPROPOSEDUPUPADJACENT BUILDING(N.I.C.)422 − 434 E. COOPER AVE.420 E. COOPER BASEMENTNO WORK WITHIN TENANT SPACES1,711 SFEXISTINGBASEMENT020424 SFTENANT SPACE'A' LOWER LEVEL02175 SFMECH. RM.013224 SFSTAIR #2014184 SFSTAIR #1011180 SFMECH. RM.01743 SFCORR.01554 SFMECH. CHASE0854 SFELEV.012140 ScalePROJECT NUMBERDATEDRAWN BYCHECKED BYmodif.modif.8/1/2019 1:46:56 PMNL−42018−00106−07−2019NET LEASABLECOMPARISON414-422 E. COOPER AVE.REMODELASPEN, CONO.DATEBYREVISION107.31.19ISSUE TO LAND PLANNER1,617 SF LEASABLE(422 E. COOPER SPACE)486 SFRETAIL TENANT 'E'105774 SFCOMMON CORRIDOR10651 SFELEV.107172 SFSTAIR #1108172 SFSTAIR #210922 SFELEC.11183 SFCORRIDOR110TRASHEXISTINGAPPROVED AS PART OF 422-434 DEVELOPMENTPROPOSEDFDDNDNDNUPDNOVER HANGABOVEFUTURE LOBBY1,946 SF414 TENANTSPACE1131,863 SF416 TENANTSPACE1121,918 SF420 TENANTSPACE111288 SFNON-UNITCOMMON AREA115263 SFEXIST. KITCHEN11496 SFTENANT SPACESTORAGE119189 SFSTAIR #2110184 SFSTAIR #110554 SFELEV.10454 SFMECH.CHASE11444 SFEGRESSCORRIDOR10922 SFTRASH & UTILITYRM.106a788 SFTENANT SPACE'C'10279 SFEGRESSCORRIDOR10846 SFNON-UNITCOMMON AREA120FDDNDNDNUPDNADJACENT BUILDING(N.I.C.)408 E. COOPER AVE.OVER HANGABOVE1,946 SF414 TENANTSPACE1131,863 SF416 TENANTSPACE1121,918 SF420 TENANTSPACE111288 SFNON-UNITCOMMON AREA115263 SFEXIST. KITCHEN11496 SFTENANT SPACESTORAGE119189 SFSTAIR #2110184 SFSTAIR #110554 SFELEV.10454 SFMECH.CHASE11444 SFEGRESSCORRIDOR10922 SFTRASH & UTILITYRM.106a788 SFCOMMON LOBBY10279 SFEGRESSCORRIDOR10846 SFNON-UNITCOMMON AREA120141 ScalePROJECT NUMBERDATEDRAWN BYCHECKED BYmodif.modif.8/1/2019 1:46:57 PMNL−52018−00106−07−2019NET LEASABLECOMPARISON414-422 E. COOPER AVE.REMODELASPEN, CONO.DATEBYREVISION107.31.19ISSUE TO LAND PLANNER172 SFSTAIR #1205172 SFSTAIR #2203108 SFMECH. RM.20251 SFELEV.204ROOFAREATENANT 'F'201LOBBY200(TOP LEVELEXEMPT)(TOP LEVELEXEMPT)(TOP LEVELEXEMPT)EXISTINGAPPROVED AS PART OF 422-434 DEVELOPMENTPROPOSEDDNDNDN422-434 APPROVED DEVELOPMENTUPUPUPUP198 SFFUTURE GREENRM.213202 SFFUTURECATERINGKITCHEN20668 SFFUTRUESTORAGE1223,341 SFFUTURE VENUESPACE123634 SFOUTDOORTERRACE210712 SFFUTURE REDONION BAR209372 SFFUTUREVESTIBULE219298 SFFUTURE LOUNGE227184 SFFUTUREWOMEN'S128252 SFCORRIDOR22078 SFFUTURE WINELOCKER218524 SFFUTURE LOBBY/GALLERY202236 SFOUTDOORTERRACE21529 SFFUTURE J.C.21475 SFCORRIDOR221195 SFFUTURE MEN'S20361 SFSHARED ELEV.LOBBY20551 SFSHARED LOBBY201211 SFSTAIR#120573 SFMECH. CHASE203266 SFSTAIR #220846 SFFUTURESTORAGE225142 UPUPADJACENT BUILDING(N.I.C.)422 − 434 E. COOPER AVE.ADJACENT BUILDING(N.I.C.)408 E. COOPER AVE.422-434 APPROVED DEVELOPMENT420 E. COOPER BASEMENTNO WORK WITHIN TENANT SPACES1,711 SFEXISTINGBASEMENT020424 SFTENANT SPACE'A' LOWER LEVEL02175 SFMECH. RM.013224 SFSTAIR #2014184 SFSTAIR #1011180 SFMECH. RM.01743 SFCORR.01554 SFMECH. CHASE0854 SFELEV.012ScalePROJECT NUMBERDATEDRAWN BYCHECKED BYmodif.modif. 3/16" = 1’−0"8/2/2019 12:53:36 PMNL−62018−00106−07−2019NET LEASABLECALCULATIONS414-422 E. COOPER AVE.REMODELASPEN, CON 3/16" = 1'-0"1PROPOSED BASEMENT LEVEL414-422 E. COOPER NET LEASABLE CALCULATIONSGROUND LEVEL N.L.NAMEAREA N.L. SPACE414 TENANT SPACE1,946 SF COMMERCIAL AREA416 TENANT SPACE1,863 SF COMMERCIAL AREATENANT SPACE STORAGE96 SF COMMERCIAL AREA420 TENANT SPACE1,918 SF COMMERCIAL AREAEXIST. KITCHEN263 SF COMMERCIAL AREACOMMERCIAL AREA:6,085 SFNON-UNIT COMMON AREA288 SF NON UNIT COMMON AREASTAIR #2189 SF NON UNIT COMMON AREASTAIR #1184 SF NON UNIT COMMON AREAELEV.54 SF NON UNIT COMMON AREAMECH.CHASE54 SF NON UNIT COMMON AREAEGRESS CORRIDOR44 SF NON UNIT COMMON AREATRASH & UTILITY RM.22 SF NON UNIT COMMON AREAEGRESS CORRIDOR79 SF NON UNIT COMMON AREACOMMON LOBBY788 SF NON UNIT COMMON AREANON-UNIT COMMON AREA46 SF NON UNIT COMMON AREANON UNIT COMMON AREA: 1,748 SFSECOND FLOOR N.L.NAMEAREA N.L. SPACEFUTURE GREEN RM.198 SF COMMERCIAL AREAFUTURE CATERING KITCHEN 202 SF COMMERCIAL AREAFUTRUE STORAGE68 SF COMMERCIAL AREAFUTURE VENUE SPACE3,341 SF COMMERCIAL AREAFUTURE RED ONION BAR712 SF COMMERCIAL AREAFUTURE VESTIBULE372 SF COMMERCIAL AREAFUTURE LOUNGE298 SF COMMERCIAL AREAFUTURE WOMEN'S184 SF COMMERCIAL AREACORRIDOR252 SF COMMERCIAL AREAFUTURE WINE LOCKER78 SF COMMERCIAL AREAFUTURE LOBBY/ GALLERY 524 SF COMMERCIAL AREAFUTURE J.C.29 SF COMMERCIAL AREACORRIDOR75 SF COMMERCIAL AREAFUTURE MEN'S195 SF COMMERCIAL AREAFUTURE STORAGE46 SF COMMERCIAL AREACOMMERCIAL AREA: 6,574 SFOUTDOOR TERRACE634 SF EXTERIOR EXEMPTOUTDOOR TERRACE236 SF EXTERIOR EXEMPTEXTERIOR EXEMPT:870 SFMECH. CHASE73 SF NON UNIT COMMON AREASTAIR#1211 SF NON UNIT COMMON AREAELEV.61 SF NON UNIT COMMON AREASHARED LOBBY51 SF NON UNIT COMMON AREASTAIR #2266 SF NON UNIT COMMON AREANON UNIT COMMON AREA: 661 SFLOWER LEVEL N.L.NameAreaN.L. SPACEEXISTING BASEMENT1,711 SF COMMERCIAL AREATENANT SPACE 'A' LOWER LEVEL 424 SF COMMERCIAL AREACORR.43 SFCOMMERCIAL AREA2,178 SFMECH. RM.75 SFNON UNIT COMMON AREASTAIR #2224 SF NON UNIT COMMON AREASTAIR #1184 SF NON UNIT COMMON AREAMECH. RM.180 SF NON UNIT COMMON AREAMECH. CHASE54 SFNON UNIT COMMON AREAELEV.54 SFNON UNIT COMMON AREA771 SFNO.DATEBYREVISION107.31.19ISSUE TO LAND PLANNERTOTALTOTALTOTALTOTALTOTALTOTALTOTAL6,086 SF TOTAL143 FDDNDNDNUPDNADJACENT BUILDING(N.I.C.)408 E. COOPER AVE.OVER HANGABOVE1,946 SF414 TENANTSPACE1131,863 SF416 TENANTSPACE1121,918 SF420 TENANTSPACE111288 SFNON-UNITCOMMON AREA115263 SFEXIST. KITCHEN11496 SFTENANT SPACESTORAGE119189 SFSTAIR #2110184 SFSTAIR #110554 SFELEV.10454 SFMECH.CHASE11444 SFEGRESSCORRIDOR10922 SFTRASH & UTILITYRM.106a788 SFCOMMON LOBBY10279 SFEGRESSCORRIDOR10846 SFNON-UNITCOMMON AREA120ScalePROJECT NUMBERDATEDRAWN BYCHECKED BYmodif.modif. 3/16" = 1’−0"8/2/2019 12:53:39 PMNL−72018−00106−07−2019NET LEASABLECALCULATIONS414-422 E. COOPER AVE.REMODELASPEN, CON 3/16" = 1'-0"1PROPOSED GROUND FLOOR LEVELNO.DATEBYREVISION107.31.19ISSUE TO LAND PLANNER414-422 E. COOPER NET LEASABLE CALCULATIONSGROUND LEVEL N.L.NAMEAREA N.L. SPACE414 TENANT SPACE1,946 SF COMMERCIAL AREA416 TENANT SPACE1,863 SF COMMERCIAL AREATENANT SPACE STORAGE96 SF COMMERCIAL AREA420 TENANT SPACE1,918 SF COMMERCIAL AREAEXIST. KITCHEN263 SF COMMERCIAL AREACOMMERCIAL AREA:6,085 SFNON-UNIT COMMON AREA288 SF NON UNIT COMMON AREASTAIR #2189 SF NON UNIT COMMON AREASTAIR #1184 SF NON UNIT COMMON AREAELEV.54 SF NON UNIT COMMON AREAMECH.CHASE54 SF NON UNIT COMMON AREAEGRESS CORRIDOR44 SF NON UNIT COMMON AREATRASH & UTILITY RM.22 SF NON UNIT COMMON AREAEGRESS CORRIDOR79 SF NON UNIT COMMON AREACOMMON LOBBY788 SF NON UNIT COMMON AREANON-UNIT COMMON AREA46 SF NON UNIT COMMON AREANON UNIT COMMON AREA: 1,748 SFSECOND FLOOR N.L.NAMEAREA N.L. SPACEFUTURE GREEN RM.198 SF COMMERCIAL AREAFUTURE CATERING KITCHEN 202 SF COMMERCIAL AREAFUTRUE STORAGE68 SF COMMERCIAL AREAFUTURE VENUE SPACE3,341 SF COMMERCIAL AREAFUTURE RED ONION BAR712 SF COMMERCIAL AREAFUTURE VESTIBULE372 SF COMMERCIAL AREAFUTURE LOUNGE298 SF COMMERCIAL AREAFUTURE WOMEN'S184 SF COMMERCIAL AREACORRIDOR252 SF COMMERCIAL AREAFUTURE WINE LOCKER78 SF COMMERCIAL AREAFUTURE LOBBY/ GALLERY 524 SF COMMERCIAL AREAFUTURE J.C.29 SF COMMERCIAL AREACORRIDOR75 SF COMMERCIAL AREAFUTURE MEN'S195 SF COMMERCIAL AREAFUTURE STORAGE46 SF COMMERCIAL AREACOMMERCIAL AREA: 6,574 SFOUTDOOR TERRACE634 SF EXTERIOR EXEMPTOUTDOOR TERRACE236 SF EXTERIOR EXEMPTEXTERIOR EXEMPT:870 SFMECH. CHASE73 SF NON UNIT COMMON AREASTAIR#1211 SF NON UNIT COMMON AREAELEV.61 SF NON UNIT COMMON AREASHARED LOBBY51 SF NON UNIT COMMON AREASTAIR #2266 SF NON UNIT COMMON AREANON UNIT COMMON AREA: 661 SFLOWER LEVEL N.L.NameAreaN.L. SPACEEXISTING BASEMENT1,711 SF COMMERCIAL AREATENANT SPACE 'A' LOWER LEVEL 424 SF COMMERCIAL AREACORR.43 SFCOMMERCIAL AREA2,178 SFMECH. RM.75 SFNON UNIT COMMON AREASTAIR #2224 SF NON UNIT COMMON AREASTAIR #1184 SF NON UNIT COMMON AREAMECH. RM.180 SF NON UNIT COMMON AREAMECH. CHASE54 SFNON UNIT COMMON AREAELEV.54 SFNON UNIT COMMON AREA771 SFTOTALTOTALTOTALTOTALTOTALTOTALTOTAL6,086 SF TOTAL144 DNDNDN422-434 APPROVED DEVELOPMENTADJACENT BUILDING(N.I.C.)408 E. COOPER AVE.UPUPUPUP198 SFFUTURE GREENRM.213202 SFFUTURECATERINGKITCHEN20668 SFFUTRUESTORAGE1223,341 SFFUTURE VENUESPACE123634 SFOUTDOORTERRACE210712 SFFUTURE REDONION BAR209372 SFFUTUREVESTIBULE219298 SFFUTURE LOUNGE227184 SFFUTUREWOMEN'S128252 SFCORRIDOR22078 SFFUTURE WINELOCKER218524 SFFUTURE LOBBY/GALLERY202236 SFOUTDOORTERRACE21529 SFFUTURE J.C.21475 SFCORRIDOR221195 SFFUTURE MEN'S20361 SFELEV.20551 SFSHARED LOBBY201211 SFSTAIR#120573 SFMECH. CHASE203266 SFSTAIR #220846 SFFUTURESTORAGE225ScalePROJECT NUMBERDATEDRAWN BYCHECKED BYmodif.modif. 3/16" = 1’−0"8/2/2019 12:53:41 PMNL−82018−00106−07−2019NET LEASABLECALCULATIONS414-422 E. COOPER AVE.REMODELASPEN, CO 3/16" = 1'-0"1PROPOSED 2ND FLOOR PLANNNO.DATEBYREVISION107.31.19ISSUE TO LAND PLANNER414-422 E. COOPER NET LEASABLE CALCULATIONSGROUND LEVEL N.L.NAMEAREA N.L. SPACE414 TENANT SPACE1,946 SF COMMERCIAL AREA416 TENANT SPACE1,863 SF COMMERCIAL AREATENANT SPACE STORAGE96 SF COMMERCIAL AREA420 TENANT SPACE1,918 SF COMMERCIAL AREAEXIST. KITCHEN263 SF COMMERCIAL AREACOMMERCIAL AREA:6,085 SFNON-UNIT COMMON AREA288 SF NON UNIT COMMON AREASTAIR #2189 SF NON UNIT COMMON AREASTAIR #1184 SF NON UNIT COMMON AREAELEV.54 SF NON UNIT COMMON AREAMECH.CHASE54 SF NON UNIT COMMON AREAEGRESS CORRIDOR44 SF NON UNIT COMMON AREATRASH & UTILITY RM.22 SF NON UNIT COMMON AREAEGRESS CORRIDOR79 SF NON UNIT COMMON AREACOMMON LOBBY788 SF NON UNIT COMMON AREANON-UNIT COMMON AREA46 SF NON UNIT COMMON AREANON UNIT COMMON AREA: 1,748 SFSECOND FLOOR N.L.NAMEAREA N.L. SPACEFUTURE GREEN RM.198 SF COMMERCIAL AREAFUTURE CATERING KITCHEN 202 SF COMMERCIAL AREAFUTRUE STORAGE68 SF COMMERCIAL AREAFUTURE VENUE SPACE3,341 SF COMMERCIAL AREAFUTURE RED ONION BAR712 SF COMMERCIAL AREAFUTURE VESTIBULE372 SF COMMERCIAL AREAFUTURE LOUNGE298 SF COMMERCIAL AREAFUTURE WOMEN'S184 SF COMMERCIAL AREACORRIDOR252 SF COMMERCIAL AREAFUTURE WINE LOCKER78 SF COMMERCIAL AREAFUTURE LOBBY/ GALLERY 524 SF COMMERCIAL AREAFUTURE J.C.29 SF COMMERCIAL AREACORRIDOR75 SF COMMERCIAL AREAFUTURE MEN'S195 SF COMMERCIAL AREAFUTURE STORAGE46 SF COMMERCIAL AREACOMMERCIAL AREA: 6,574 SFOUTDOOR TERRACE634 SF EXTERIOR EXEMPTOUTDOOR TERRACE236 SF EXTERIOR EXEMPTEXTERIOR EXEMPT:870 SFMECH. CHASE73 SF NON UNIT COMMON AREASTAIR#1211 SF NON UNIT COMMON AREAELEV.61 SF NON UNIT COMMON AREASHARED LOBBY51 SF NON UNIT COMMON AREASTAIR #2266 SF NON UNIT COMMON AREANON UNIT COMMON AREA: 661 SFLOWER LEVEL N.L.NameAreaN.L. SPACEEXISTING BASEMENT1,711 SF COMMERCIAL AREATENANT SPACE 'A' LOWER LEVEL 424 SF COMMERCIAL AREACORR.43 SFCOMMERCIAL AREA2,178 SFMECH. RM.75 SFNON UNIT COMMON AREASTAIR #2224 SF NON UNIT COMMON AREASTAIR #1184 SF NON UNIT COMMON AREAMECH. RM.180 SF NON UNIT COMMON AREAMECH. CHASE54 SFNON UNIT COMMON AREAELEV.54 SFNON UNIT COMMON AREA771 SFTOTALTOTALTOTALTOTALTOTALTOTALTOTAL6,086 SF TOTAL145 EXISTING PUBLIC AMENITY SPACE IS 0% OF LOT AREA Scale PROJECT NUMBER DATE DRAWN BY CHECKED BY modif. modif. 12" = 1’−0"8/1/2019 2:03:09 PMPA−1 2018−001 06−07−2019 EXISTING PUBLIC AMENITY414-422 E. COOPER AVE.REMODELASPEN, CO12" = 1'-0"1 EXISTING PUBLIC AMENITY NO.DATEBYREVISION107.31.19ISSUE TO LAND PLANNER146 RD RD RDRD RDRDRDRD D 3 .9 37 0'1.9685'M INIM UMS P AC IN G 1"3 .9 37 0'1.9685'M INIM UMS P AC IN G 1" 3 .9 37 0'1.9685'M INIM UMS P AC IN G 1" 3 .9 37 0'1.9685'M INIM UMS P AC IN G 1" 3 .9 37 0'1.9685'M INIM UMS P AC IN G 1"3 .9 37 0'1.9685'M INIM UMS P AC IN G 1" 3 .9 37 0'1.9685'M INIM UMS P AC IN G 1" 3 .9 37 0'1.9685'M INIM UMS P AC IN G 1"3 .9 37 0'1.9685'M INIM UMS P AC IN G 1"3 .9 37 0'1.9685'M INIM UMS P AC IN G 1" 3 .9 37 0'1.9685'M INIM UMS P AC IN G 1"3 .9 37 0'1.9685'M INIM UMS P AC IN G 1" 3 .9 37 0'1.9685'M INIM UMS P AC IN G 1"3 .9 37 0'1.9685'M INIM UMS P AC IN G 1"3 .9 37 0'1.9685'M INIM UMS P AC IN G 1"3 .9 37 0'1.9685'M INIM UMS P AC IN G 1" 3 .9 37 0'1.9685'M INIM UMS P AC IN G 1" 3 .9 37 0'1.9685'M INIM UMS P AC IN G 1" 3 .9 37 0'1.9685'M INIM UMS P AC IN G 1"3 .9 37 0'1.9685'M INIM UMS P AC IN G 1"3 .9 37 0'1.9685'M INIM UMS P AC IN G 1"3 .9 37 0'1.9685'M INIM UMS P AC IN G 1" 3 .9 37 0'1.9685'M INIM UMS P AC IN G 1"3 .9 37 0'1.9685'M INIM UMS P AC IN G 1" 3 .9 37 0'1.9685'M INIM UMS P AC IN G 1"3 .9 37 0'1.9685'M INIM UMS P AC IN G 1" 3 .9 37 0'1.9685'M INIM UMS P AC IN G 1"3 .9 37 0'1.9685'M INIM UMS P AC IN G 1" 3 .9 37 0'1.9685'M INIM UMS P AC IN G 1"3 .9 37 0'1.9685'M INIM UMS P AC IN G 1" 3 .9 37 0'1.9685'M INIM UMS P AC IN G 1"3 .9 37 0'1.9685'M INIM UMS P AC IN G 1" 3 .9 37 0'1.9685'M INIM UMS P AC IN G 1" 3 .9 37 0'1.9685'M INIM UMS P AC IN G 1" 3 .9 37 0'1.9685'M INIM UMS P AC IN G 1"3 .9 37 0'1.9685'M INIM UMS P AC IN G 1" 3 .9 37 0'1.9685'M INIM UMS P AC IN G 1" 3 .9 37 0'1.9685'M INIM UMS P AC IN G 1" 3 .9 37 0'1.9685'M INIM UMS P AC IN G 1" 3 .9 37 0'1.9685'M INIM UMS P AC IN G 1" 3 .9 37 0'1.9685'M INIM UMS P AC IN G 1" 3 .9 37 0'1.9685'M INIM UMS P AC IN G 1" 3 .9 37 0'1.9685'M INIM UMS P AC IN G 1" 3 .9 37 0'1.9685'M INIM UMS P AC IN G 1" 3 .9 37 0'1.9685'M INIM UMS P AC IN G 1" 3 .9 37 0'1.9685'M INIM UMS P AC IN G 1" 3 .9 37 0'1.9685'M INIM UMS P AC IN G 1" 3 .9 37 0'1.9685'M INIM UMS P AC IN G 1" 3 .9 37 0'1.9685'M INIM UMS P AC IN G 1"3 .9 37 0'1.9685'M INIM UMS P AC IN G 1" 3 .9 37 0'1.9685'M INIM UMS P AC IN G 1"3 .9 37 0'1.9685'M INIM UMS P AC IN G 1" 3 .9 37 0'1.9685'M INIM UMS P AC IN G 1"3 .9 37 0'1.9685'M INIM UMS P AC IN G 1" 3 .9 37 0'1.9685'M INIM UMS P AC IN G 1"3 .9 37 0'1.9685'M INIM UMS P AC IN G 1" 3 .9 37 0'1.9685'M INIM UMS P AC IN G 1" 3 .9 37 0'1.9685'M INIM UMS P AC IN G 1" 3 .9 37 0'1.9685'M INIM UMS P AC IN G 1"3 .9 37 0'1.9685'M INIM UMS P AC IN G 1" 3 .9 37 0'1.9685'M INIM UMS P AC IN G 1" 3 .9 37 0'1.9685'M INIM UMS P AC IN G 1"ADJACENT BUILDING(N.I.C.)408 E. COOPER AVE.422-434 APPROVED DEVELOPMENT 422-434 APPROVED DEVELOPMENT ALLEY COOPER AVE. PEDESTRIAN MALL TERRACE WHEELER OPERA HOUSE VIEW PLANE LIMIT PROPOERTY LINE414 -420 E. COOPER AVE.422−434 E. COOPER PROPOSED TWO STORY DEVELOPMENT N.I.C.SOUTH GALENA STREETCOOPER AVE. PEDESTRIAN MALL ALLEY 300 SF INTERIOR TRASH AREA FDN. DRYWELL ENTRY/EGRESS DOORS420 E. COOPER KITCHEN PROPOSED PUBLIC AMENITY SPACE IS 0% OF LOT AREA Scale PROJECT NUMBER DATE DRAWN BY CHECKED BY modif. modif.106−06−19TDISSUE TO LAND PLANNER3/32" = 1’−0"6/7/2019 10:57:38 AMPA−2 2018−001 06−07−2019 PROPOSED PUBLIC AMENITY414-422 E. COOPER AVE.REMODELASPEN, CO3/32" = 1'-0"1 PROPOSED PUBLIC AMENITY NO.DATEBYREVISION147 FD FD E E W V WV W V W V W V W V W V S 3. 9370'1.9685'M INIM UMSPACING 1"3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1"3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1"3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1"3. 9370'1.9685'M INIM UMSPACING 1"3.9370'1.9685'MINIMUMSPACING 1"3.9370'1.9685'MINIMUMSPACING 1"3. 9370'1.9685'M INIM UMSPACING 1"3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1"3. 9370'1.9685'M INIM UMSPACING 1"3.9370'1.9685'MINIMUMSPACING 1"3.9370'1.9685'MINIMUMSPACING 1"3. 9370'1.9685'M INIM UMSPACING 1"3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1"3. 9370'1.9685'M INIM UMSPACING 1"3.9370'1.9685'MINIMUMSPACING 1"3.9370'1.9685'MINIMUMSPACING 1"3. 9370'1.9685'M INIM UMSPACING 1"3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1"3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1"3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1"3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1"3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1"3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1"3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1"3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1"3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1"3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1"3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1"3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1"3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1" 3. 9370'1.9685'M INIM UMSPACING 1"ADJACENT BUILDING(N.I.C.)408 E. COOPER AVE.422-434 APPROVED DEVELOPMENT REMODELED TWO STORY BUILDING INFORMATION KIOSK EXISTING LANDSCAPING ALLEY COOPER AVE. PEDESTRIAN MALL SOUTH GALENA STREETPROPERTY LINE PEDESTRIAN DISTANCE: 97'-9" 97'-9" ROUTE BETWEEN DOORS NEW PEDESTRIAN ENTRY DOOR 73’−8"PEDESTRIAN MALLPAVED WALK PEDESTRIAN DISTANCE: 59'-4" EXIST. PEDESTRIAN ENTRY DOOR EXIST. PEDESTRIAN ENTRY DOOR EXIST. PEDESTRIAN ENTRY DOOR EXIST. PEDESTRIAN ENTRY DOOR PEDESTRIAN DISTANCE: 97'-9" PEDESTRIAN DISTANCE: 116'-5" PEDESTRIAN DISTANCE: 125'-5" PEDESTRIAN DISTANCE: 145'-11" 122'-2" ROUTE BETWEEN DOORS 150'-0" ROUTE BETWEEN DOORS 170'-6" ROUTE BETWEEN DOORS 422-434 APPROVED DEVELOPMENT Scale PROJECT NUMBER DATE DRAWN BY CHECKED BY modif. modif.106−06−19TDISSUE TO LAND PLANNER1/8" = 1’−0"6/7/2019 10:57:42 AMTIA 2018−001 06−07−2019 TIA SITE PLAN414-422 E. COOPER AVE.REMODELASPEN, CO1/8" = 1'-0"1 TIA SITE PLAN N NO.DATEBYREVISION148 PARAGON BUILDING WHEELER OPERA HOUSE RED ONION BUILDING 413 E. HYMAN NEARBY LANDMARK STRUCTURES PROPOSED BUILDING 305-307 MILL ST. CRYSTAL PALACE 314 E. HYMAN 428 E. HYMAN 432 E. HYMAN 414-418 E. COOPER AVE 422-434 E. COOPER AVE Scale PROJECT NUMBER DATE DRAWN BY CHECKED BY modif. modif. 1" = 10’−0"8/1/2019 2:03:09 PMVP−1 2018−001 06−07−2019 VIEW PLANE MAP414-422 E. COOPER AVE.REMODELASPEN, CO1" = 10'-0"1 VIEW PLANE MAP N NO.DATEBYREVISION107.31.19ISSUE TO LAND PLANNER149 Scale PROJECT NUMBER DATE DRAWN BY CHECKED BY modif. modif.7/31/2019 3:35:26 PMX − 100 2018−001 06−07−2019 DEMOLITION CALCULATIONS414-422 E. COOPER AVE.REMODELASPEN, CONO.DATEBYREVISION150 UP DN UP DN DN A B C E D K L N M F 90.69 SF 246.61 SF 46.67 SF 183.05 SF 275.91 SF 23.77 SF 139.50 SF 1294.22 SF EXIST. WALL TO REMAIN EXIST. WALL TO BE DEMOLISHED EXIST. FENESTRATION TO BE DEMOLISHED EXPOSED WALL LEGEND EXIST. FENESTRATION TO REMAIN 1586.68 SF 58.75 SF 1348.06 SF 135.69 SF 133.00 SF 106.35 SF 59.18 SF 44.20 SF 92.86 SF 44.31 SF 50.79 SF 184.51 SF 564.08 SF 24.44 SF 10.67 SF 25.38 SF 23.77 SF Scale PROJECT NUMBER DATE DRAWN BY CHECKED BY modif. modif. As indicated 8/1/2019 2:20:59 PMX − 101 2018−001 06−07−2019 PROPOSED GROUND FLOOR WALL DEMO PLAN AND ELEVATIONS414-422 E. COOPER AVE.REMODELASPEN, CO3/16" = 1'-0"1 EXISTING GROUND FLOOR DEMO CALCS 3/16" = 1'-0"A EXT. WALL ELEVATION 3/16" = 1'-0"B EXT. WALL ELEVATION 3/16" = 1'-0"C EXT. WALL ELEVATION 3/16" = 1'-0"E EXT. WALL ELEVATION 3/16" = 1'-0"D EXT. WALL ELEVATION N 3/16" = 1'-0"K EXT. WALL ELEVATION 3/16" = 1'-0"L EXT. WALL ELEVATION 3/16" = 1'-0"N EXT. WALL ELEVATION 3/16" = 1'-0"M EXT. WALL ELEVATION 3/16" = 1'-0"F EXT. WALL ELEVATION NO.DATEBYREVISION107.31.19ISSUE TO LAND PLANNER151 LOBBY202ELEV.203STAIR #1205STAIR #2206TERRACE204FUTURE MECH. CHASE208CORR.211STORAGE210EXIST. TENANT SPACE196EXIST. TENANT SPACE197EXIST. OUTDOOR TERRACE198EXIST. OUTDOOR TERRACE199EXIST. TENANT SPACE212GHIJOPQRST505.83 SF252.00 SF166.08SF20.71SF60.65SF468.32 SF253.30 SFEXIST. WALL TO REMAINEXIST. WALL TO BE DEMOLISHEDEXIST. FENESTRATION TO BE DEMOLISHEDEXPOSED WALL LEGENDEXIST. FENESTRATION TO REMAIN1420.45 SF48.12SF41.73SF244.14 SF394.87 SF22.29SF22.29SF22.29SF260.95 SF28.36 SF24.17 SF26.28 SF193.39 SF666.88 SF21.02SF21.02SFScalePROJECT NUMBERDATEDRAWN BYCHECKED BYmodif.modif.As indicated8/1/2019 2:46:12 PMX − 1022018−00106−07−2019PROPOSED 2NDFLOOR WALLDEMO PLAN ANDELEVATIONS414-422 E. COOPER AVE.REMODELASPEN, CO 3/16" = 1'-0"1EXISTING 2ND FLOOR 3/16" = 1'-0"GEXT. WALL ELEVATION 3/16" = 1'-0"HEXT. WALL ELEVATION 3/16" = 1'-0"IEXT. WALL ELEVATION 3/16" = 1'-0"JEXT. WALL ELEVATIONN 3/16" = 1'-0"OEXT. WALL ELEVATION 3/16" = 1'-0"PEXT. WALL ELEVATION 3/16" = 1'-0"QEXT. WALL ELEVATION 3/16" = 1'-0"REXT. WALL ELEVATION 3/16" = 1'-0"SEXT. WALL ELEVATION 3/16" = 1'-0"TEXT. WALL ELEVATIONNO.DATEBYREVISION107.31.19ISSUE TO LAND PLANNER152 A 3952.73 SF B 1460.91 SF C 2215.71 SF 564.17 SF D EXIST. ROOF TO REMAIN EXIST. ROOF TO BE DEMOLISHED ROOF DEMO LEGEND Scale PROJECT NUMBER DATE DRAWN BY CHECKED BY modif. modif. As indicated 8/1/2019 2:03:15 PMX − 103 2018−001 06−07−2019 PROPOSED ROOF DEMO PLAN414-422 E. COOPER AVE.REMODELASPEN, CO3/16" = 1'-0"1 EXISTING ROOF PLAN N NO.DATEBYREVISION107.31.19ISSUE TO LAND PLANNER153 SITE QUIT WARRANTY DEED REC. 617975 SPECIAL WARRANTY DEED RECS. 595569 - 595572 QUIT WARRANTY DEED REC. 617975 SPECIAL WARRANTY DEED REC.611628WARRANTY DEED REC. 623314WARRANTY DEED REC. 610228ROARING FORK CONDO REC. 157134 PARAGON CONDO REC. 478615 BLOCK BUILDING SPECIAL WARRANTY DEED REC. 597141 GOLDEN HORN CONDO REC. 260187 LEASE REC. 447433 SUBJECT PROPERTY SPECIAL WARRANTY DEED REC. 623841 WARRANTY DEED REC. 595551 N74° 11' 04"W 270.80' N74° 11' 04"W 270.80'N15° 48' 56"E 100.00'N15° 48' 56"E 100.00'COOPER AVENUE - PEDESTRIAN MALL 73.7' RIGHT-OF-WAY HYMAN AVENUE - ASPHALT SURACE 74.8' RIGHT-OF-WAY MILL STREET - PEDESTRIAN MALL73.7' RIGHT-OF-WAYGALENA STREET - ASPHALT SURACE74.0' RIGHT-OF-WAYBLOCK 89 ALLEY - ASPHALT SURACE 20.2' RIGHT-OF-WAYLOT ALOT BLOT CLOT DLOT ELOT FLOT GLOT HLOT ILOT SLOT RLOT QLOT PLOT OLOT NLOT MLOT LLOT KCITY OF ASPEN GPS MONUMENT NO. 5 GALENA & HOPKINS CITY OF ASPEN GPS MONUMENT NO. 2 GALENA & DURANTS15° 45' 56"W 102.38' BASIS OF BEARINGPROJECT BENCHMARK FOUND BRASS DISK, L.S. 28643 ELEVATION = 7925.3' FOUND BRASS DISK 1' WITNESS CORNER TO WEST L.S. 28643 FOUND MAGNETIC NAIL & ALUMINUM DISK, ILLEGIBLE FOUND MAGNETIC NAIL & ALUMINUM DISK, L.S. 25947 BEARS N11° 30' 02"W, 0.35' 30.09'30.09'30.09' 30.09'30.09'30.09' 90.27' 90.27'N15° 48' 56"E 100.00'N31° 4 1' 3 1 " E 467.3 9' S5° 3 0 ' 4 5 " E 353 . 6 5 ' FOUND MAGNETIC NAIL & ALUMINUM DISK L.S. 25947 FOUND MAGNETIC NAIL & ALUMINUM DISK L.S. 25947 1' WITNESS CORNER EXISTING GROUND 7922.9'+/- WHEELER VIEW PLANE 7930.8'+/- MAIN STREET VIEW PLANE 8003.7'+/- EXISTING GROUND 7923.7'+/- TOP BUILDING 7951.5'+/- MAIN STREET VIEW PLANE 8003.7'+/- EXISTING GROUND 7923.7'+/- TOP BUILDING CORNER 7938.5'+/- MAIN STREET VIEW PLANE 8003.7'+/- EXISTING GROUND 7925.3'+/- TOP BUILDING CORNER 7940.5'+/- WHEELER VIEW PLANE 7935.8'+/- MAIN STREET VIEW PLANE 8015.1'+/- EXISTING GROUND 7924.3'+/- TOP BUILDING CORNER 7939.1'+/- WHEELER VIEW PLANE 7935.9' +/- MAIN STREET VIEW PLANE 8015.1'+/- E A S T E R L Y L IM I T S O F W H E E L E R V I EW P L A N E TOP MECHANICAL STRUCTURE 7944.9'+/- TOP OF A.C. UNIT 7943.1'+/- EXISTING GROUND 7925.3'+/- TOP BUILDING 7959.4'+/- WHEELER VIEW PLANE 7935.9' +/- MAIN STREET VIEW PLANE 8015.1'+/- PROPERTY DESCRIPTION (PER CLIENT'S ATTORNEY) LOTS N, O, P, BLOCK 89, CITY & TOWNSITE OF ASPEN STATE OF COLORADO NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 SOPRISENG@SOPRISENG.COM 5/18/2019 - 16100.01 GRK - G:\2016\16169\SURVEY\Survey DWGs\Base\16169 ISP BASE.dwg VICINITY MAP SCALE: 1" = 2000' GENERAL UTILITY NOTES: THE LOCATIONS OF UNDERGROUND UTILITIES HAVE BEEN PLOTTED BASED ON UTILITY MAPS, CONSTRUCTION/DESIGN PLANS, OTHER INFORMATION PROVIDED BY UTILITY COMPANIES AND ACTUAL FIELD LOCATIONS IN SOME INSTANCES. THESE UTILITIES, AS SHOWN, MAY NOT REPRESENT ACTUAL FIELD CONDITIONS. IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO CONTACT ALL UTILITY COMPANIES FOR FIELD LOCATION OF UTILITIES PRIOR TO CONSTRUCTION. 1 inch = ft. ( IN FEET ) GRAPHIC SCALE 020 20 40 20 8010 VIEW PLANE ELEVATION MAP: 414 - 422 E. COOPER AVE. SECTION 18, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PRINCIPAL MERIDIAN LOTS N, O & P, BLOCK 89, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. SHEET 1 OF 1 SOURCE DOCUMENTS: ·PLAT - MAP OF THE ROARING FORK CONDOMINIUM (01/31/1971 PLAT BOOK 4 PAGE 355 (REC. NO. 157134) ·PLAT - FIRST AMENDMENT TO THE PARAGON BUILDING CONDOMINIUM (02/11/2003 PLAT BOOK 64 PAGE 46 REC. NO. 478615) ·PLAT - GOLDEN HORN BUILDING A CONDOMINIUM (06/13/1984 PLAT BOOK 4 PAGE 462 REC. NO. 260187) ALL OF THE PITKIN COUNTY, COLORADO RECORDS-UNLESS OTHERWISE NOTED. SURVEY NOTES 1) DATE OF FIELD WORK: SEPTEMBER 2, 2016. UPDATED OCTOBER 23, 2018. 2) DATE OF PREPARATION: AUGUST - SEPTEMBER, 2016. UPDATED OCTOBER, 2018. 3) LINEAR UNITS: THE LINEAR UNIT USED IN THE PREPARATION OF THIS PLAT IS THE U.S. SURVEY FOOT AS DEFINED BY THE UNITED STATES DEPARTMENT OF COMMERCE, NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY. 4) BASIS OF BEARING: A BEARING OF S15° 45' 56"W BETWEEN GPS CONTROL MONUMENT NO.5 AND GPS CONTROL MONUMENT NO. 8 PER THE CITY OF ASPEN GPS CONTROL MONUMENTATION MAP PREPARED BY MARCIN ENGINEERING. THIS RESULTS IN A CLOCKWISE ROTATION OF 0°51'18" FROM THE CITY OF ASPEN TOWNSITE BEARINGS. 5) THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY SOPRIS ENGINEERING, LLC (SE) TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD. FOR ALL INFORMATION REGARDING EASEMENTS, RIGHTS OF WAY AND/OR TITLE OF RECORD, SE RELIED UPON THE TITLE COMMITMENT PREPARED BY FIRST AMERICAN TITLE INSURANCE COMPANY, FILE NO. NCS-930635-CHI2, WITH A COMMITMENT DATE OF OCTOBER 18, 2018 AND DOCUMENTS AND PLATS OF RECORD AS SHOWN IN THE SOURCE DOCUMENTS, HEREON. 6) ADDRESS: 414, 416, 418, 420 AND 422 E. COOPER AVENUE, ASPEN, COLORADO. 7) PITKIN COUNTY PARCEL NO. 273718216301. 8) ACCORDING TO THE FLOOD INSURANCE RATE MAP NUMBER 08097C0203C (JUNE 4, 1987) THE SUBJECT PROPERTY IS NOT WITHIN A FLOOD ZONE. 9) SAID DESCRIBED PROPERTY IS IN A SLOPE PERCENTAGE CATEGORY OF 0-20% (OR LESS), ACCORDING TO THE PERCENT SLOPE MAP, PREPARED JULY 1, 2009 BY ASPEN PITKIN GIS. 10) SAID DESCRIBED PROPERTY IS NOT WITHIN THE MUD FLOW ZONES, ACCORDING TO THE 2014 CITY OF ASPEN URBAN RUNOFF MANAGEMENT PLAN (FIGURE 7.1a) AND OUTSIDE THE POTENTIAL GEOLOGICAL HAZARD ZONES, ACCORDING TO THE 2001 CITY OF ASPEN MASTER DRAINAGE PLAN (FIGURE ES-5). U.S. SURVEY FEET SURVEYOR'S STATEMENT I, GEOFFREY R. KELLER, DO HEREBY STATE THAT THIS SURVEY WAS PREPARED BY SOPRIS ENGINEERING, LLC FOR BENDON-ADAMS, AND THAT IT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. __________________________ GEOFFREY R. KELLER L.S. NO. 37997 154 Pitkin County Mailing List of 300 Feet Radius 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. This document contains a Mailing List formatted to be printed on Avery 5160 Labels. 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From Parcel: 273718216301 on 06/11/2019 Instructions: Disclaimer: http://www.pitkinmapsandmore.com Exhibit 12 155 415 EAST HYMAN AVE LLC ASPEN, CO 81612 PO BOX 4068 DCGB LLC NEW YORK, NY 10019 610 WEST 52 ST TENNESSEE THREE NASHVILLE, TN 37224-1444 PO BOX 101444 WHEELER SQUARE - CASPER FAMILY LLC ASPEN, CO 81611 315 E HYMAN WHEELER SQUARE - CASPER FAMILY LLC ASPEN, CO 81611 315 E HYMAN WHEELER SQUARE - CASPER FAMILY LLC ASPEN, CO 81611 315 E HYMAN BARNETT FYRWALD HOLDINGS INC LITTLE ROCK, AR 722022017 2222 COTTONDALE LN #200 INDEPENDENCE PARTNERS ASPEN, CO 81611 602 E COOPER AVE #202 SILVER SLAM COMMERCIAL LLC NEW YORK, NY 10023 60 COLUMBUS CIR 400 HYMAN LLC ASPEN, CO 816112118 1010 E HYMAN AVE COOPER STREET DEVELOPMENT LLC ASPEN, CO 81611 407 S HUNTER ST #3 ASPEN GOLDEN HORN LLC BEVERLY HILLS, CA 90212 9420 WILSHIRE BLVD 4TH FL COOPER STREET CONDO ASSOC ASPEN, CO 81611 508 E COOPER AVE WHEELER SQUARE - CASPER FAMILY LLC ASPEN, CO 81611 315 E HYMAN 401 HYMAN AVENUE LLC NORTHBROOK, IL 60062 1435 LAWRENCE LN INDEPENDENCE PARTNERS ASPEN, CO 81611 602 E COOPER AVE #202 THOR 534 EAST COOPER AVENUE LLC ARLINGTON, VA 22209 1000 WILSON BLVD #2100 COTTONWOOD VENTURES II LLC DALLAS, TX 75201 300 CRESCENT CT #850 WF SWEARINGEN LLC ATLANTA, GA 30327 450 CONWAY MANOR DR NW BPOE ASPEN LODGE #224 ASPEN, CO 81611 510 E HYMAN AVE 3RD FL WHEELER SQUARE - CASPER FAMILY LLC ASPEN, CO 81611 315 E HYMAN MP ASPENHOF C7 LLC KANSAS CITY, MO 64108 1908 MAIN ST #2F DOWNTOWN 420 LLC CALABASAS, CA 91302 23622 CALABASAS RD #200 407 HYMAN LLC GLENWOOD SPRINGS , CO 81601 51027 HWY 6 & 24 #100 COASTAL MTN PROPERTIES LLC CLEARWATER, FL 33761 2519 N MCMULLEN BOOTH RD #510-307 F & M VENTURES LLC ASPEN, CO 81611 415 E HYMAN AVE SEVEN CONTINENTS LLC GLENCOE, IL 60022 521 LONGWOOD AVE WHEELER BLOCK BUILDING LLC COLUMBIA, MO 65203 211 N STADIUM BLVD STE 201 SILVER SLAM COMMERCIAL LLC NEW YORK, NY 10023 60 COLUMBUS CIR GUIDOS SWISS INN LLC BASALT, CO 81621 23655 TWO RIVERS RD 156 WHEELER SQUARE - CASPER FAMILY LLC ASPEN, CO 81611 315 E HYMAN ROARING FORK CONDOS ASSOC ASPEN, CO 81611 COMMON AREA 415 E HYMAN AVE INDY207 LLC ASPEN, CO 81611 6 TUMBLEDOWN LN CALDWELL EDWARD BARRICK NASHVILLE, TN 37215 4216 WALLACE LN F & M VENTURES LLC ASPEN, CO 81611 415 E HYMAN AVE FITZGERALD FAMILY PARTNERSHIP LTD ASPEN, CO 81611 520 E COOPER AVE F & M VENTURES LLC ASPEN, CO 81611 415 E HYMAN AVE ASPENHOF CONDO ASSOC ASPEN, CO 81611 600 E HOPKINS AVE #203 TDCBD LLC DALLAS, TX 75201 2100 ROSS AVE #550 INDEPENDENCE PARTNERS ASPEN, CO 81611 602 E COOPER AVE #202 TENNESSEE THREE RENTALS NASHVILLE, TN 37218-4020 5033 OLD HICKORY BLVD SAN ANTONIO SAGE STONE PROPERTIES LLC SAN ANTONIO, TX 78230 12727 CRANES MILL COTTONWOOD VENTURES II LLC DALLAS, TX 75201 300 CRESCENT CT #850 MEYER CONDO ASSOC ASPEN, CO 81611 403 S GALENA 419 EAST HYMAN AVENUE LLC CHICAGO, IL 60614 2001 NORTH HALSTED # 304 SILVER SLAM COMMERCIAL LLC NEW YORK, NY 10023 60 COLUMBUS CIR RANKMORE KEVIN L & JASMINE WELLINGTON NSW 2820 AUSTRALIA, PO BOX 168 BPOE ASPEN LODGE #224 ASPEN, CO 81611 510 E HYMAN AVE 3RD FL BPOE ASPEN LODGE #224 ASPEN, CO 81611 510 E HYMAN AVE 3RD FL 400 BUILDING LLC BOCA RATON, FL 33432-3933 306 N PLAZA REAL INDEPENDENCE BUILDING CONDO ASSOC ASPEN, CO 81611 404 S GALENA ST F & M VENTURES LLC ASPEN, CO 81611 415 E HYMAN AVE WHEELER SQUARE - CASPER FAMILY LLC ASPEN, CO 81611 315 E HYMAN COX ANTHONY E LIVING TRUST CAPITOLA, CA 95010 1260 41ST AVE #O GONE WEST LLC SEARCY, AR 721451406 401 W CENTER PARAGON PENTHOUSE LLC BEVERLY HILLS, CA 90212 9950 SANTA MONICA BLVD VALLEY INVESTMENTS LLC ASPEN, CO 81611 602 E COOPER #202 ELK MOUNTAIN HOSPITALITY LLC BASALT, CO 81621 371 MARKET ST FIERCELY LOCAL ASPEN, CO 81612 PO BOX 8970 SEVEN CONTINENTS LLC GLENCOE, IL 60022 521 LONGWOOD AVE 157 ROSS ROGER A REV TRUST KILAUEA, HI 96754 4720 WAILAPA RD ASPEN GOLDEN HORN LLC BEVERLY HILLS, CA 90212 9420 WILSHIRE BLVD 4TH FL F & M VENTURES LLC ASPEN, CO 81611 415 E HYMAN AVE WOLF LAURENCE G CAPITAL MGT TRUST FERNDALE, MI 48220 22750 WOODWARD AVE # 204 NORTON LLC BOCA RATON, FL 33487 5499 N FEDERAL HWY #I WHEELER SQUARE - CASPER FAMILY LLC ASPEN, CO 81611 315 E HYMAN DOWNTOWN 420 LLC CALABASAS, CA 91302 23622 CALABASAS RD #200 INDEPENDENCE PARTNERS ASPEN, CO 81611 602 E COOPER AVE #202 CITY OF ASPEN ASPEN, CO 81611 130 S GALENA ST WHEELER SQUARE - CASPER FAMILY LLC ASPEN, CO 81611 315 E HYMAN TOMKINS FAMILY TRUST ASPEN, CO 81611 520 E COOPER AVE #209 F & M VENTURES LLC ASPEN, CO 81611 415 E HYMAN AVE 305-7 MILL STREET LLC CHICAGO, IL 60614 2001 NORTH HALSTED #304 COOPER STREET DEVELOPMENT LLC ASPEN, CO 81611 407 S HUNTER ST #3 MARCUS DURANT GALENA LLC ASPEN, CO 81612 PO BOX 1709 PROVINE CATHERINE ANNE WASHINGTON, DC 200073328 2805 OLIVE ST NW F & M VENTURES LLC ASPEN, CO 81611 415 E HYMAN AVE KANTZER TAYLOR FAM TRST #1 MANHATTAN BEACH, CA 90266 216 SEVENTEENTH ST PARAGON BUILDING CONDO ASSOC ASPEN, CO 81611 COMMON AREA 419 E HYMAN AVE 400 BUILDING LLC BOCA RATON, FL 33432-3933 306 N PLAZA REAL DOWNTOWN 420 LLC CALABASAS, CA 91302 23622 CALABASAS RD #200 KAUFMAN GIDEON I ASPEN, CO 81611 315 E HYMAN AVE STE 305 PEYTON MARI ASPEN, CO 81611 409 E COOPER #4 BEVERLY ASPEN LLC BEVERLY HILLS, CA 90210 621 N ALPINE DR COOPER STREET DEVELOPMENT LLC ASPEN, CO 81611 407 S HUNTER ST #3 DOWNTOWN 420 LLC CALABASAS, CA 91302 23622 CALABASAS RD #200 MOUNTAIN RIDGE EQUITIES LLC MINNEAPOLIS, MN 55416 1233 EDLIN PL TOMKINS FAMILY TRUST ASPEN, CO 81611 520 E COOPER AVE #209 BLACK HAWK ASPEN LLC LEICESTERSHIRE LE12 8TF ENGLAND, ROECLIFFE COTTAGE JOE MOORES LN WOODHOUSE EAVES DOLE MARGARET M ASPEN, CO 816111989 400 E HYMAN AVE #302 158 KAUFMAN GIDEON I ASPEN, CO 81611 315 E HYMAN AVE #305 ASPENHOF CONDO ASSOC ASPEN, CO 81611 600 E HOPKINS AVE #203 GORSUCH COOPER LLC VAIL, CO 81657 263 E GORE CREEK DR WJM508 LLC NEW YORK, NY 10022 126 E 56TH ST 28TH FL 305-7 MILL STREET LLC CHICAGO, IL 60614 2001 NORTH HALSTED #304 TDCBD LLC DALLAS, TX 75201 2100 ROSS AVE #550 INDEPENDENCE PARTNERS ASPEN, CO 81611 602 E COOPER AVE #202 DUVIKE CONDO ASSOC ASPEN, CO 81611 COMMON AREA 420 E HYMAN AVE SILVER SLAM COMMERCIAL LLC NEW YORK, NY 10023 60 COLUMBUS CIR F & M VENTURES LLC ASPEN, CO 81611 415 E HYMAN AVE VALLEY INVESTMENTS LLC ASPEN, CO 81611 602 E COOPER #202 ASPEN GROVE ASSOCIATES LLP GLENWOOD SPRINGS, CO 81601 51027 HWY 6 &24 #100 INDEPENDENCE PARTNERS ASPEN, CO 81611 602 E COOPER AVE #202 400 EAST HYMAN LLC ASPEN, CO 81611 400 E HYMAN AVE # A202 MTN ENTERPRISES 80B EAGLE, CO 816315739 PO BOX 5739 CITY OF ASPEN ASPEN, CO 81611 130 S GALENA ST LCT LP NASHVILLE, TN 37224-1444 PO BOX 101444 VALLEY INVESTMENTS LLC ASPEN, CO 81611 602 E COOPER #202 WHEELER SQUARE - 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CASPER FAMILY LLC ASPEN, CO 81611 315 E HYMAN MP ASPENHOF C-9 LLC KANSAS CITY, MO 64108 1908 MAIN ST FITZGERALD FAMILY PARTNERSHIP LTD ASPEN, CO 81611 520 E COOPER AVE 400 HYMAN LLC ASPEN, CO 816112118 1010 E HYMAN AVE SCHROEDER FAMILY TRUST ORINDA, CA 94563 4 GREENWOOD CT KAUFMAN GIDEON I ASPEN, CO 81611 315 E HYMAN AVE #305 F & M VENTURES LLC ASPEN, CO 81611 415 E HYMAN AVE WENDELIN ASSOC PITTSFORD , NY 14534 1173 PITTSFORD VICTOR RD #250 400 BUILDING LLC BOCA RATON, FL 33432-3933 306 N PLAZA REAL ASPEN GOLDEN HORN LLC BEVERLY HILLS, CA 90212 9420 WILSHIRE BLVD 4TH FL KEENE KAREN M DENVER, CO 80202 1700 BASSETT ST #503 AGRUSA LISA ANN ESTERO, FL 33928 4761 W BAY BLVD #1704 ASPENHOF CONDO ASSOC ASPEN, CO 81611 600 E HOPKINS AVE #203 ASPEN RETREAT LLC SCOTTSDALE, AZ 85251 6536 E GAINSBOROUGH CALDWELL EDWARD B NASHVILLE, TN 37220 1108 NORFLEET DR 419 EAST HYMAN AVENUE LLC CHICAGO, IL 60614 2001 NORTH HALSTED # 304 ROSS BARBARA REV TRUST KILAUEA, HI 96754 4720 WAILAPA RD FORD ANN MICHIE BASALT, CO 81621 216 WAPITI WY DOWNTOWN 420 LLC CALABASAS, CA 91302 23622 CALABASAS RD #200 419 AH LLC ASPEN, CO 81612 PO BOX 4068 ASPEN CLARKS REAL ESTATE LLC AUSTIN, TX 78704 1711 S CONGRESS AVE STE 200 450 S GALENA ST INVESTORS LLC ASPEN, CO 81611 450 S GALENA ST #202 TOMKINS FAMILY TRUST ASPEN, CO 81611 520 E COOPER AVE #209 CALDWELL MARTHA B NASHVILLE, TN 37220 1108 NORFLEET DR ISRAEL FAMILY ASPEN I LLC GOLDEN BEACH, FL 33160 615 OCEAN BLVD 161 COOPER STREET DEVELOPMENT LLC ASPEN, CO 81611 407 S HUNTER ST #3 ASPENHOF CONDO ASSOC ASPEN, CO 81611 600 E HOPKINS AVE #203 ORG PROPERTIES LLC ASPEN, CO 81611 205 S MILL ST #301A HENG KIARA ASPEN, CO 81611 210 S MONARCH ST # A AQ ASPEN LLC DALLAS, TX 75238 7945 DEER TRAIL DR SCHULTZE DANIEL G ASPEN, CO 81611 404 S GALENA ST #210 SAGE STONE PROPERTIES LLC SAN ANTONIO, TX 78230 12727 CRANES MILL GALENA COOPER LLC ASPEN, CO 81611 407 S HUNTER ST #3 ASPENHOF CONDO ASSOC ASPEN, CO 81611 600 E HOPKINS AVE #203 DOWNTOWN 420 LLC CALABASAS, CA 91302 23622 CALABASAS RD #200 WHEELER SQUARE - CASPER FAMILY LLC ASPEN, CO 81611 315 E HYMAN DOWNTOWN 420 LLC CALABASAS, CA 91302 23622 CALABASAS RD #200 FOOTLOOSE MOCCASIN MAKERS INC CANON CITY , CO 812129484 44 SILVERADO CT ASPENHOF CONDO ASSOC ASPEN, CO 81611 600 E HOPKINS AVE #203 F & M VENTURES LLC ASPEN, CO 81611 415 E HYMAN AVE INDEPENDENCE PARTNERS ASPEN, CO 81611 602 E COOPER AVE #202 434 EAST COOPER AVENUE LLC CHICAGO, IL 60614 2001 N HALSTED #304 411 EAST HYMAN AVENUE LLC CHICAGO, IL 60614 2001 N HALSTED #304 DURANT GALENA CONDOS ASPEN, CO 81611 COMMON AREA 500 E DURANT AVE PARK PLACE CONDO ASSOC ASPEN, CO 81611 COMMON AREA 408 S MILL ST WHEELER SQUARE - CASPER FAMILY LLC ASPEN, CO 81611 315 E HYMAN WHEELER SQUARE - CASPER FAMILY LLC ASPEN, CO 81611 315 E HYMAN WENDELIN ASSOC PITTSFORD , NY 14534 1173 PITTSFORD VICTOR RD #250 G & K LAND CO LLC CARBONDALE, CO 81623 0167 WILLOW LN DOWNTOWN 420 LLC CALABASAS, CA 91302 23622 CALABASAS RD #200 WJM508 LLC NEW YORK, NY 10022 126 E 56TH ST 28TH FL COTTONWOOD VENTURES II LLC ASPEN, CO 81611 419 E HYMAN AVE MAIERSPERGER RENELL ASPEN, CO 81611 404 S GALENA RUTLEDGE REYNIE SEARCY, AR 72143 51 COUNTRY CLUB CIR BPOE CONDO ASSOC ASPEN, CO 81611 510 E HYMAN AVE THIRD FLOOR 162 WHEELER SQUARE - CASPER FAMILY LLC ASPEN, CO 81611 315 E HYMAN KAUFMAN GIDEON I ASPEN, CO 81611 315 E HYMAN AVE #305 WOODS FAMILY LP ASPEN, CO 81612 PO BOX 11468 163 Page 1 of 5 130 South Galena Street Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com Memorandum TO: Aspen Historic Preservation Commission FROM: Sarah Yoon, Historic Preservation Planner THRU: Amy Simon, Historic Preservation Officer MEETING DATE: August 14, 2019 RE: REFERRAL COMMENTS TO CITY COUNCIL: 616 ½ West Main Street, Unit B Establishment of Transferable Development Rights (TDR) APPLICANT /OWNER: Barbara Halperin, Alexandra Halperin, and Dan Sadowsky. REPRESENTATIVE: Stan Clauson Associates Inc. LOCATION: Street Address: 616 ½ West Main Street, Unit B Legal Description: Unit B, 616 West Main Condominiums, City and Townsite of Aspen, County of Pitkin, State of Colorado. Parcel Identification Number: PID# 2735-124-44-010 CURRENT ZONING & USE MU – Mixed Use, one commercial structure and one residence PROPOSED LAND USE: No change SUMMARY: The owners of 616 ½ W. Main Street, Unit B propose to convert unused floor area into Transferable Development Rights (TDRs). STAFF RECOMMENDATION: Staff recommends approval. Site Locator Map – 616 ½ West Main St., Unit B 164 Page 2 of 5 130 South Galena Street Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com BACKGROUND: 616 ½ West Main is a designated historic landmark 3,000 sf lot in the Mixed Use (MU) zone district. The property contains two historic structures; a miner’s cottage and outbuilding. Up until 2004, the miner’s cottage was used as a house and the outbuilding was a voluntary ADU. The Planning and Zoning Commission approved conditional use converting the miner’s cottage from residential to commercial use along with a parking waiver (Resolution # 9, Series of 2004). With this approval, the parcel went from a residential use to a mixed-use parcel. In 2005 the lot was condominiumized into Unit A (front) and Unit B (rear). The ADU restriction was removed from Unit B and it became a free-market unit. NOTE: The Community Development Department is currently undertaking enforcement action related to the current use of Unit A as a single-family home, in violation of zoning which limits the site to one residential unit. Unit B is the legally established residence. It was determined that this shall not impact Unit B and a land use application may be accepted. In addition, the applicant has provided a letter of consent from the owner of Unit A related to this application for TDRs. The condominium declarations for this site allow Unit B to benefit from any remaining floor area rights (Reception #516418). REQUEST OF HISTORIC PRESERVATION COMMISSION: The Applicant is requesting the following recommendation: • Transferable Development Rights (Section 26.535) for the establishment of 3 TDRs, representing the remaining residential development allowed on this historic parcel. The Historic Preservation Commission is a recommending body and Aspen City Council is the final review authority. PROJECT SUMMARY: 616 ½ West Main Street, Unit B, is on a historically designated property that qualifies for the preservation benefit to sever unused development rights from the parcel by establishing TDRs in increments of 250 square feet (Section 26.415.110.K). The applicant proposes to remove the remaining residential development rights left on the property in the form of Transferable Development Rights (TDRs). For the purpose of establishing TDRs, the applicant is required to determine the maximum allowable floor area for a residential development on the parcel and determine the remaining unused floor area. In the Mixed Use (MU) zone district, commercial use is preferred, and residential use is discouraged. The Land Use Code mandates a 20% reduction when calculating residential floor area for constructing new residential dwellings established after the adoption of Ordinance # 7, Series of 2005 in this zone district; however, the recent code amendments approved by City Council on May 13, 2019 permits the calculation of TDRs to be based on 100% of the allowable floor area on an equivalent-sized lot in the R- 6 zone district (Ordinance #6, Series of 2019). The applicants have provided a formal consent to review this application under the amended code, which is now in effect. 165 Page 3 of 5 130 South Galena Street Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com STAFF COMMENTS: The maximum floor area for constructing a single-family dwelling on a 3,000 sf lot in the MU zone district is 1,920 sf. For the purposes of creating TDRs, the allowable floor area is 2,400 sf. According to the as- built survey provided in the application, Units A and B have the following floor area: • Unit A = 915 square feet • Unit B = 601 square feet • Total floor area for Units A and B = 1,516 square feet The remaining floor area that may be converted into TDRs on 616 West Main equals 884 square feet (2,400 sf – 1,516 sf = 884 sf). The applicant requests approval for 3 TDRs, which will consume all but 134 square feet of allowed development rights on the site. The following are the review criteria for establishment of a historic Transferable Development Right: Section 26.535.070 A historic TDR certificate may be established by the Mayor if the City Council, pursuant to adoption of an ordinance, finds all the following standards met: A. The sending site is a historic landmark on which the development of a single-family or duplex residence is a permitted use, pursuant to Chapter 26.710, Zone Districts. Properties on which such development is a conditional use shall not be eligible. B. It is demonstrated that the sending site has permitted unbuilt development rights, for either a single- family or duplex home, equaling or exceeding two hundred and fifty (250) square feet of floor area multiplied by the number of historic TDR certificates requested. C. It is demonstrated that the establishment of TDR certificates will not create a nonconformity. In cases where a nonconformity already exists, the action shall not increase the specific nonconformity. D. The analysis of unbuilt development right shall only include the actual built development, any approved development order, the allowable development right prescribed by zoning for a single-family or duplex residence, and shall not include the potential of the sending site to gain floor area bonuses, exemptions or similar potential development incentives. Properties in the MU Zone District which do not currently contain a single-family home or duplex established prior to the adoption of Ordinance #7, Series of 2005, shall be permitted to base the calculation of TDRs on 100% of the allowable floor area on an equivalent-sized lot in the R-6 zone district. This is only for the purpose of creating TDRs and does not permit the on-site development of 100% of the allowable floor area on an equivalent-sized lot in the R-6 zone district. If the additional 20% of allowable floor area exceeds 500 square feet, the applicant may not request a floor area bonus from HPC at any time in the future. Any development order to develop floor area, beyond that remaining legally connected to the property after establishment of TDR Certificates, shall be considered null and void. E. The proposed deed restriction permanently restricts the maximum development of the property (the sending site) to an allowable floor area not exceeding the allowance for a single-family or duplex residence minus two hundred and fifty (250) square feet of floor area multiplied by the number of historic TDR certificates established. 166 Page 4 of 5 130 South Galena Street Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com For properties with multiple or unlimited floor areas for certain types of allowed uses, the maximum development of the property, independent of the established property use, shall be the floor area of a single-family or duplex residence (whichever is permitted) minus two hundred fifty (250) square feet of floor area multiplies by the number of historic TDR certificates established. The deed restriction shall not stipulate an absolute floor area, but shall stipulate a square footage reduction from the allowable floor area for a single-family or duplex residence, as may be amended from time to time. The sending site shall remain eligible for certain floor area incentives and/or exemptions as may be authorized by the City Land Use Code, as may be amended from time to time. The form of the deed restriction shall be acceptable to the City Attorney. F. A real estate closing has been scheduled at which, upon satisfaction of all relevant requirements, the City shall execute and deliver the applicable number of historic TDR certificates to the sending site property owner and that property owner shall execute and deliver a deed restriction lessening the available development right of the subject property together with the appropriate fee for recording the deed restriction with the County Clerk and Recorder's office. G. It shall be the responsibility of the sending site property owner to provide building plans and a zoning analysis of the sending site to the satisfaction of the Community Development Director. Certain review fees may be required for the confirmation of built floor area. H. The sale, assignment, conveyance or other transfer or change in ownership of transferable development rights certificates shall be recorded in the real estate records of the Pitkin County Clerk and Recorder and must be reported by the grantor to the City of Aspen Community Development Department within five (5) days of such transfer. The report of such transfer shall disclose the certificate number, the grantor, the grantee and the total value of the consideration paid for the certificate. Failure to timely or accurately report such transfer shall not render the transferable development right certificate void. I. TDR certificates may be issued at the pace preferred by the property owner. J. City Council may find that the creation of TDRs is not the best preservation solution for the affected historic resource and deny the application to create TDRs. HPC shall provide Council with a recommendation. The property is a historic landmark and the applicant has demonstrated the existence of unused development rights exceeding two hundred fifty square feet (250) square feet of floor area on the parcel. Currently, the site has a legally established non-conforming use where one parcel has both commercial and residential use. The severing of development rights, however, will not create or increase any new non-conformities on the site. Once the TDRs are created the applicant plans to comply with the required steps of executing and delivering a deed restriction. A draft deed restriction was submitted with the application. In addition, the applicant agrees to disclose information related to the sale, assignment, conveyance or other transfer/change of ownership of the TDRs to the City of Aspen Community Development Department within five (5) days. Staff finds the criteria for establishing TDRs are met. 167 Page 5 of 5 130 South Galena Street Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com RECOMMENDATION: Staff recommends in favor of the establishment of three (3) TDRs for this property. The final approval to create and severe TDRs shall be determined by City Council. ATTACHMENTS: Resolution #____, Series of 2019 Exhibit A – Land Use Application 168 Resolution #__, Series of 2019 616 West Main Street, Unit B Page 1 of 2 RESOLUTION #__ (SERIES OF 2019) A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC), RECOMMENDING IN FAVOR OF THE ESTABLISHMENT OF TRANSFERABLE DEVELOPMENT RIGHTS FOR THE PROPERTY LOCATED AT 616 WEST MAIN STREET, UNIT B, 616 WEST MAIN CONDOMINIUMS, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORDO. PARCEL ID: 2735-124-44-010 WHEREAS, the Community Development Department received an application from the applicants, Barbara Halperin, Alexandra Halperin, and Dan Sadowsky, represented by Stan Clauson Associates, Inc., requesting recommendation by HPC for the establishment of Transferable Development Rights (TDR) for the property located at 616 West Main Street, Unit B, 616 West Main Condominiums, City and Townsite of Aspen, Colorado; and WHEREAS, Section 26.575.070.K of the Municipal Code states that “City Council may find that the creation of TDRs is not the best preservation solution for the affected historic resource and deny the application to create TDRs. HPC shall provide Council with a recommendation;” and WHEREAS, the Community Development Department reviewed the proposed application for compliance with the applicable review standards and recommended in favor of the establishment of Transferable Development Rights (TDRs); and WHEREAS, HPC reviewed the project on August 14, 2019. HPC considered the application, the staff memo and found the proposal consistent with the review standards and recommended in favor by a vote of __ to __. NOW, THEREFORE, BE IT RESOLVED: That HPC hereby recommends in favor of the establishment of three (3) Transferable Development Rights (TDRs) for 616 West Main Street, Unit B, 616 West Main Condominiums, City and Townsite of Aspen, CO as follows: Section 1: Transferable Development Rights Pursuant to the findings set forth above, the Historic Preservation Commission does hereby recommend the establishment of up to three (3) TDR for 616 West Main Street, Unit B. Section 2: Material Representations 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 169 Resolution #__, Series of 2019 616 West Main Street, Unit B Page 2 of 2 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 3: Existing Litigation This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: Severability If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY THE COMMISSION at its regular meeting on the 14th day of August, 2019. Approved as to Form: Approved as to Content: _________________________________________________________________ _________________________________________________________ James R. True, City Attorney Gretchen Greenwood, Chair ATTEST: _________________________________________________________________ Nicole Henning, Deputy City Clerk 170 Land Use Application 616½ W. Main Street -Unit B 18 May 2018 A land use application to establish City of Aspen Historic Transferrable Development Rights Represented By: 171 616 W. Main Street – Unit B Establishment of Historic Transferable Development Rights 29 May 2018 1 | Page TABLE OF CONTENTS Project Overview and Code Response Attachment 2 – Completed Land Use Application Form Attachment 3 – Vicinity Map and Property Description Attachment 4 – Improvement Survey Attachment 5 – Floor Plans and Area Calculations of Existing Units A & B Attachment 6 – Letters of Authorization Attachment 7 – Affidavit from Sending Site Property Owner Acknowledging Matters Associated with the creation of TDRs Attachment 8 – Proof of Ownership Attachment 9 – Draft Deed Restriction Attachment 10 – HOA Compliance Form Attachment 11 – List of Property Owners within 300 feet Attachment 12 – Pre-Application Conference Summary 172 173 174 616 W. Main Street – Unit B Establishment of Historic Transferable Development Rights 29 May 2018 2 | Page PROJECT OVERVIEW Barbara L. Halperin, Alexandra D. Halperin, and Dan Sadowsky, owners of 616½ W Main, Unit B (the “Applicants”) submit this application for the Establishment of Historic Transferrable Development Rights (TDRs). The landmarked parcel, located at 616 W. Main Street, contains two (2) historic structures identified as Units A & B (the “Property”). This application is submitted in conformance with the pre-application conference summary dated 2 May 2018. The Property, which contains 3,000 SF, is located in the Mixed Use (MU) zone district of the City of Aspen. Total allowable floor area for the parcel is calculated to be 2,400 SF. Currently, based on area measurements prepared by True Dimensions, Unit A contains 912 SF of floor area and Unit B contains 601 SF of floor area. Total existing floor area is therefore calculated to be 1,513 SF. Based on these measurements, the Property has 887 SF of unused floor area. The Applicants wish to use 750 SF of the 887 SF to create three (3) TDRs. Units A and B are subject to the Condominium Declaration of 616 West Main Condominium, recorded at reception number 516418 in the Pitkin County Clerk and Recorders office. Pursuant to the Condominium Declarations, Unit B is entitled to have use of all of the unused floor area. The Applicant wishes to utilize the 750 SF of the unused floor area, allocated by Condominium Declaration to Unit B, to create the three (3) TDRs. The Condominium Declarations are sufficiently clear on the allocation of floor area for the condominium that the Applicants do not believe that the owner of Unit A is required to consent to the submission of this application. In an unrelated matter which does not impact the creation of TDRs, during the preparation of the pre-application conference summary, staff identified a possible zoning violation concerning the Unit A use as a residential property when it was last approved for a commercial use. Irrespective of this possible use violation, the commercial designation of Unit A creates a non-conformity under the most recent land use code changes affecting the Mixed-Use (MU) zone district. Under the current code, commercial and residential can no longer exist on the same parcel In the Mixed-Use zone district. The creation of TDRs will not increase this nonconformity. Staff has provided that in processing this application, the City has not waived any right to continue to pursue the zoning enforcement matter with respect to Unit A. We look forward to working with the staff and presenting this application to City Council. 175 616 W. Main Street – Unit B Establishment of Historic Transferable Development Rights 29 May 2018 3 | Page Land Use Code Response 26.535.070 Review criteria for establishment of a historic transferable development right A historic TDR certificate. A. The sending site is a historic landmark or property identified on the AspenModern Map, on which the development of a single-family or duplex residence is a permitted use, pursuant to Chapter 26.710, Zone Districts. Properties on which such development is a conditional use shall not be eligible. The Property is identified as a historic landmark according to the Inventory of Historic Sites and Structures. The Property is also identified and discussed on the Aspen Victorian list. The current use of Unit B, the unit from which the TDRs will be derived, is not a conditional use. B. It is demonstrated that the sending site has permitted unbuilt development rights, for either a single-family or duplex home, equaling or exceeding two hundred and fifty (250) square feet of floor area multiplied by the number of historic TDR certificates requested. The sending site maintains unbuilt development rights equaling 887 SF of floor area. C. It is demonstrated that the establishment of TDR certificates will not create a nonconformity. In cases where a nonconformity already exists, the action shall not increase the specific nonconformity. The establishment of TDR Certificates will not create a nonconformity. As previously provided, Unit A is zoned commercial and recent code updates have prohibited commercial and residential uses on the same parcel. Therefore, the Property is considered a pre-existing non-conformity as to use. The creation of TDRs will not increase this non-conformity. D. The analysis of unbuilt development right shall only include the actual built development, any approved development order, the allowable development right prescribed by zoning for a single- family or duplex residence, and shall not include the potential of the sending site to gain floor area bonuses, exemptions or similar potential development incentives. The analysis of unbuilt development rights has only included actual built development. No approved development order exists. No additional incentives have been factored into the analysis of available floor area. E. Any development order to develop floor area, beyond that remaining legally connected to the property after establishment of TDR Certificates, shall be considered null and void. No development order exists to develop floor area beyond that which remains legally connected to the property after the establishment of any TDR Certificates. F. The proposed deed restriction permanently restricts the maximum development of the property (the sending site) to an allowable floor area not exceeding the allowance for a single-family or duplex residence minus two hundred and fifty (250) square feet of floor area multiplied by the number of historic TDR certificates established. 176 616 W. Main Street – Unit B Establishment of Historic Transferable Development Rights 29 May 2018 4 | Page The Applicants understand that the allowable floor area for the Property is reduced by 750 SF of floor area, an amount commensurate with the creation of three (3) TDRs. The Applicants also understand that, following the creation of the TDRs, should unused floor area be available, current and future owners of Unit B may be able to utilize this unused floor area pursuant to applicable land use code provisions and residential design standards. G. A real estate closing has been scheduled at which, upon satisfaction of all relevant requirements, the City shall execute and deliver the applicable number of historic TDR certificates to the sending site property owner and that property owner shall execute and deliver a deed restriction lessening the available development right of the subject property together with the appropriate fee for recording the deed restriction with the County Clerk and Recorder's office. The Applicants understand and will comply with all relevant requirements in connection with the creation of the three (3) TDR certificates. Specifically, the Applicants understand that a deed restriction lessening the available development rights of the Property will be executed by the Applicants and the City and that the deed restriction will be recorded with the Pitkin County Clerk and Recorder. H. It shall be the responsibility of the sending site property owner to provide building plans and a zoning analysis of the sending site to the satisfaction of the Community Development Director. Certain review fees may be required for the confirmation of built floor area. The Applicants have engaged Stan Clauson Associates, Inc. to prepare a zoning analysis of the Property and have provided as-built building plans prepared, by True Dimensions, that will be utilized by staff to confirm unbuilt floor area. I. The sale, assignment, conveyance or other transfer or change in ownership of transferable development rights certificates shall be recorded in the real estate records of the Pitkin County Clerk and Recorder and must be reported by the grantor to the City of Aspen Community Development Department within five (5) days of such transfer. The report of such transfer shall disclose the certificate number, the grantor, the grantee and the total value of the consideration paid for the certificate. Failure to timely or accurately report such transfer shall not render the transferable development right certificate void. The Applicants understand that any sale, assignment, conveyance or other transfer or change in ownership of the TDRs created in connection with the land use application, for as long as the Applicants are the grantors of the TDRs, will be recorded in the real estate records of the Pitkin County Clerk and Recorder. Moreover, the Applicants understand that any such sale, assignment, conveyance or other transfer or change in ownership of the TDRs created in connection with the land use application will be reported by the Applicants, for as long as the Applicants are the grantors of the TDRs, to the City of Aspen Community Development Department within five (5) days of such transfer. The report of such transfer will disclose the certificate number, the grantor, the grantee and the total value of the consideration paid for the certificate. 177 970-925-2323 Establishment pf Transferrable Development Rights The property at 616 W. Main Street, Aspen, CO contains two single-family residences, Units A and B. The parcel and structures are historically designated. Condominium Declarations provide unused floor area is allocated to Unit B. The property is located in the Mixed-Use (MU) zone district and is located in the Main Street Historic District. This application wishes to establish Transferable Development Rights (TDRs) from Unit B. 1,300 Unit B- 616½ W. Main Street X X X X X 616½ W. Main Street 273512444010 Halperin + Halperin, LLC, Dan Sadowsky, Managing Member 52 Larkspur Drive 970-618-9159 Stan Clauson Associates, Inc. 412 N. Mill Street, Aspen, CO 81611 178 604 605 616 616 612 630 634 PUB 616 W Main Street Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Urban Growth Boundary (UGB) Emissions Inventory Boundary (EIB) Historic Sites Historic Districts Parcel Boundary Zoning R-6 Medium Density Residential MU Mixed Use May 29, 2018 0 0.01 0.010mi 0 0.01 0.020.01 km 1:438 County of Pitkin & City of Aspen, Bureau of Land Management, Esri, HERE, Garmin, INCREMENT P, USGS, EPA, USDA | CityofAspenGIS; City of Aspen Community Development | The CityofAspen GIS Department presents the information on this website as a service to the public. Every effort has been made to ensure that the information is accurate. The CityofAspen GIS Department makes no warranty or guarantee concerning the completeness, accuracy or reliability of the content. Accuracy and reliability of this information is the sole responsibility of the user and data shall be used and relied upon only at the risk of user. | CityofAspenGIS; City of Aspen Community Development Department | AspenPitkinGIS | City of Aspen Engineering Department; AspenPitkin GIS | CityofAspenGIS | CityofAspenGIS, Aspen Environmental Health Department | City of Aspen GIS | Pitkin County | 179 Pitkin County Assessor Parcel Detail Information Assessor Property Search | Assessor Subset Query | Assessor Sales Search Clerk & Recorder Reception Search | Treasurer Tax Search Search GIS Map | GIS Help Basic Building Characteristics | Value Summary Parcel Detail | Value Detail | Sales Detail | Residential/Commercial Improvement Detail Owner Detail | Land Detail | Photographs Tax Area Account Number Parcel Number Property Type 2017 Mill Levy 001 R019791 273512444010 CONDO 31.806 Primary Owner Name and Address HALPERIN ALEXANDRA & BARBARA 52 LARKSPUR DR CARBONDALE, CO 81623 Additional Owner Detail Legal Description Subdivision: 616 WEST MAIN CONDO Unit: B Location Physical Address: W MAIN ST ASPEN Subdivision: 616 WEST MAIN CONDO Land Acres: Land Sq Ft: 0 2018 Property Value Summary Actual Value Assessed Value Page 1 of 3Parcel Detail 9/11/2018http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R019791 180 Land: 0 0 Improvements: 929,800 66,950 Total: 929,800 66,950 Sale Date: 8/31/2007 Sale Price: 1,200,000 Additional Sales Detail Basic Building Characteristics Number of Residential Buildings: 1 Number of Comm/Ind Buildings: 0 Residential Building Occurrence 0 Characteristics FIRST FLOOR: 364 2ND FLOOR: 161 FINISHED BSMT: 364 Total Heated Area: 889 Property Class: DUPLEX CONDO IMPS Actual Year Built: 1885 Effective Year Built: 1996 Bedrooms: 2 Baths: 1.5 Quality of Construction: DUP CONDO - AVG Exterior Wall: WD SID AVE Interior Wall: BASE Floor: BASE Heat Type: HT WTR B/B Heating Fuel: GAS Roof Cover: METAL Roof Structure: GABLE/HIP Neighborhood: NORTH WEST END Super Nbhd: CITY OF ASPEN Page 2 of 3Parcel Detail 9/11/2018http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R019791 181 Top of Page Assessor Database Search Options Assessor Home Page Pitkin County Home Page The Pitkin County Assessor's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor's Offices are unable to warrant any of the information herein contained. Copyright © 2003 - 2015 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. Page 3 of 3Parcel Detail 9/11/2018http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R019791 182 183 184 DRAWINGS BY:TRUE DIMENSIONSASPENTRUEDIMENSIONS.COM970.618.8351616 W. Main St. Unit B Aspen, CO 81611 LEGENDAreas not included in floor area calculationGross floor area calculated to exteriorface of 2" x 4" exterior stud wall andexterior face of foundation wallDeck/Patio gross area1EXISTING FLOOR AREASubgrade Calculations LegendExposed wallWall below grade11'-812"19'-214"5'-338"5'-558"25'-1114"13'-1034"5'-5"5'-558"5'-0"15'-51 2"3'-4"4'-7" 11"13'-1034"25'-111 4"1234111 sq. ft.111 sq. ft.208 sq. ft.208 sq. ft.123426 sq. ft.6'-6"14'-1158"8'-0"13'-1034"covered stairwell 25'-1114"5'-112"3'-0"81 sq. ft.10'-1158"13'-1034"8'-0" 5'-0" 1'-6"Upper LevelOverhang 11"window wellOverhang 11"Main LevelLower Level185 186 187 188 189 190 191 192 193 PREVENT FRAUD - Please remember to call a member of our closing team when initiating a wire transfer or providing wiring instructions. Customer Distribution Our Order Number: QPR62009462 Date: 06-15-2018 Property Address: 616 WEST MAIN COND, ASPEN, CO 81611 For Closing Assistance Kimberly Parham 533 E HOPKINS #102 ASPEN, CO 81611 970-925-1678 x7835 (phone) (303) 393-4870 (fax) kparham@ltgc.com Company License: CO44565 Contact License: CO414945 Closer's Assistant NIKKI DURRETT 533 E HOPKINS #102 ASPEN, CO 81611 970-925-1678 x7831 (phone) (800) 318-8202 (fax) ndurrett@ltgc.com For Title Assistance ROARING FORK VALLEY TITLE TEAM 533 E HOPKINS #102 ASPEN, CO 81611 970-927-0405 (phone) 970-925-6243 (fax) valleyresponse@ltgc.com PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS Buyer/Borrower ALEXANDRA HALPERIN Delivered via: Electronic Mail Lender - New Loan STAN CLAUSON ASSOCIATES, INC Attention: DAN SADLOWSKI C/O PATRICK RAWLEY 412 NORTH MILL ST ASPEN, CO 81611 970-925-2323 (work) 970-945-9769 (work fax) patrick@scaplanning.com Delivered via: Electronic Mail 194 Land Title Guarantee Company Property Report Order Number: 62009462 This Report is based on a limited search of the county real property records and provides the name(s) of the vested owner(s), the legal description, tax information (taken from information provided by the county treasurer on its website) and encumbrances, which, for the purposes of this report, means deed of trust and mortgages, and liens recorded against the property and the owner(s) in the records of the clerk and recorder for the county in which the subject is located. This Report does not constitute any form of warranty or guarantee of title or title insurance. The liability of Land Title Guarantee Company is strictly limited to (1) the recipient of the Report, and no other person, and (2) the amount paid for the report. Prepared For: STAN CLAUSON ASSOCIATES, INC This Report is dated: 05-23-2018 at 5:00 P.M. Address: 616 WEST MAIN COND, ASPEN, CO 81611 Legal Description: UNIT B, 616 WEST MAIN CONDOMINIUMS, ACCORDING TO THE CONDOMINIUM MAP OF THE 616 WEST MAIN CONDOMINIUMS RECORDED OCTOBER 6, 2005 UNDER RECEPTION NO. 515825 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION RECORDED OCTOBER 19, 2005 AS RECEPTION NO. 516418. COUNTY OF PITKIN, STATE OF COLORADO Record Owner: ALEXANDRA HALPERIN AND BARBARA HALPERIN We find the following documents of record affecting subject property: 1. QUIT CLAIM DEED RECORDED SEPTEMBER 04, 2007 UNDER RECEPTION NO. 541684. 2. DEED OF TRUST RECORDED SEPTEMBER 12, 2007 UNDER RECEPTION NO. 541945. 3. ASSIGNMENT OF DEED OF TRUST RECORDED DECEMBER 23, 2016 UNDER RECEPTION NO. 634871. ***************** PROPERTY TAX INFORMATION ********************** PARCEL NO.: 273512444010 2018 LAND ASSESSED VALUE $0.00 2018 IMPROVEMENTS ASSESSED VALUE $66,950.00 2018 REAL PROPERTY TAXES PAID IN THE AMOUNT OF $2,129.40. **************************************************************** 195 1 DEED RESTRICTION AND AGREEMENT FOR ESTABLISHMENT OF A HISTORIC TRANSFERABLE DEVELOPMENT RIGHT PURSUANT TO ASPEN CITY COUNCIL ORDINANCE #___ , SERIES OF 20__ THIS DEED RESTRICTION AND AGREEMENT is made and entered into this day of May 14, 2018, by Dan Sadowsky, (hereinafter referred to as “Owner”), whose address is 616 W. Main Street, and The City of Aspen, a body politic and corporate pursuant to its Home-Rule Charter and the Constitution of the State of Colorado, acting through its City Council, (hereinafter the “City”); WITNESSETH WHEREAS, Owner owns real property more specifically described as (616 ½ W. Main Street -Unit B, Aspen, CO 81611; Parcel ID 273512444010, Pitkin County, Colorado, (hereinafter referred to as “Real Property”), which Real Property is designated as a Historic Site, as such are defined in the City of Aspen Land Use Code (“City Code”); and WHEREAS, Owner has submitted an affidavit, duly notarized, in compliance with Section 26.535.090.A.2 of the City Code, and supplied the necessary application materials identified in Section 26.535.090 showing compliance with the criteria set forth in Section 26.535.070 of the City Code; and WHEREAS, The Community Development Department has reviewed Owner’s application according to the review standards identified in 26.535.070 of the City Code, and has recommended approval of the application and the establishment of one (1), or the first of three (3), second of three (3), third of three (3) approved Historic TDR Certificates as set forth herein; and WHEREAS, City Council Ordinance #____, Series of 20___ (the “Ordinance”) was approved on ___(date)__________, establishing the above referenced Historic TDR Certificates, and requiring that a Deed Restriction be recorded in real property records of Pitkin County, designating the Real Property as a Sending Site and permanently restricting the development of the Real Property (the Sending Site) to an allowable Floor Area not exceeding the allowance for a single-family residence or duplex if allowed, minus two hundred and fifty (250) square feet of Floor Area multiplied by the number of Historic TDR Certificates established; and WHEREAS, in consideration of the establishment of one (1), or the first of three (3), second of three (3), third of three (3) Historic TDR Certificates pursuant to the Ordinance and City Code, Owner agrees to restrict the Real Property as set forth herein. NOW, THEREFORE, in consideration of the mutual promises and obligations contained herein, Owner and the City hereby covenant and agree as follows: 196 2 1. Development of the Real Property (the Sending Site) is hereby permanently restricted to an allowable Floor Area not exceeding the allowance for a single- family residence or duplex as otherwise permitted by the City Code on the Real Property, minus any deductions resulting from previous issuance of TDR certificate(s) and minus 250 square feet, that being two hundred fifty (250) square feet of Floor Area multiplied by the one (1) Historic TDR Certificate hereby established. 2. In consideration of the foregoing, and pursuant to the City Code and the Ordinance, the City shall cause the issuance of one (1) Historic TDR Certificate, executed by the Mayor, allowing the transfer of development rights to a Receiver Site to be determined pursuant to the City Code. This Historic TDR Certificate may be sold, assigned, transferred, or conveyed. Transfer of title shall be evidenced by an assignment of ownership on the actual certificate document. Upon transfer, the new owner may request the City re-issue the certificate acknowledging the new owner. Reissuance shall not require adoption of a new ordinance. The market for such Historic TDR Certificates shall remain unrestricted and the City shall not prescribe or guarantee the monetary value of any Historic TDR Certificates. 3. This deed restriction shall not be construed to stipulate an absolute Floor Area on the Real Property, but only a square footage reduction from the allowable Floor Area, as that allowable Floor Area may be amended from time to time. 4. The Real Property (Sending Site) shall remain eligible for Floor Area incentives and/or exemptions as may be authorized by the City Code, as it may be amended from time to time. 5. This restriction may be modified only in a writing signed by both the Owner and the City. 6. Unless modified as stated above, this Agreement shall constitute a covenant running with the Real Property as a burden thereon for the benefit of, and shall be specifically enforceable by, the City Council of the City of Aspen by any appropriate legal action including, but not limited to, injunction or abatement. [SIGNATURES ON FOLLOWING PAGES] 197 3 IN WITNESS HEREOF, the parties hereto have executed this instrument on the date and year above first written. OWNER: By:___________________________ (property owner) STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this ________ day of ______________, 20___, by ___________ Witness my hand and official seal. My commission expires:___________________ _____________________________ Notary Public 198 4 APPROVAL OF CITY ATTORNEY By:___________________________ James R. True, City Attorney THE CITY OF ASPEN, COLORADO a body politic and corporate pursuant to its Home-Rule Charter and the Constitution of the State of Colorado By:____________________________ Date:______________ Steve Skadron, Mayor STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this _____ day of _________________, 20__, by_____________, as Mayor of the City of Aspen, Colorado. Witness my hand and official seal. My commission expires:___________________ _____________________________ Notary Public 199 200 Pitkin County Mailing List of 300 Feet Radius 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. 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. From Parcel: 273512444009 on 05/14/2018 Instructions: Disclaimer: http://www.pitkinmapsandmore.com 201 FERGUS ELIZABETH DAWSON ASPEN, CO 81612 PO BOX 1515 CARTER RICHARD P TELLURIDE, CO 81435 PO BOX 2932 501 WEST MAIN LLC ASPEN, CO 81611-1818 532 E HOPKINS AVE 501 MAIN ASPEN LLC GRAND RAPIDS, MI 49503 ALDRICH PL #200 OTTAWA AVE NW ALPINE BANK GLENWOOD SPRINGS, CO 81602 PO BOX 10000 SCHWARTZ RACHEL K & MARK BLOOMFIELD HILLS, MI 483042603 1061 COUNTRY CLUB RD CHRISTIANA B101 LLC AUSTIN, TX 78703 2509 TARRYHILL PL THROM DOUGLAS H ASPEN, CO 81611 617 W MAIN ST ULLR CONDO LLC LA JOLLA, CA 92037 6450 AVENIDA CRESTA JEROME OFFICE ASPEN CO LLC ASPEN, CO 81611 715 W MAIN ST #201 SMITH COLTER H ASPEN, CO 81612 PO BOX 1307 MCCOY CARLTON ASPEN, CO 81612 PO BOX 9349 EYDENBERG JOHN D & DARIN W NEW YORK, NY 10029 1212 FIFTH AVE #16N ASPEN SQUARE CONDO ASSOC ASPEN, CO 81611 617 E COOPER BATES JESSICA TRUST ASPEN, CO 81611 634 W MAIN ST #6 LORD KAREN & COURTNEY MIAMI BEACH, FL 331403401 2301 N MERIDIAN 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#00A TELAMON HOLDINGS LLC ASPEN, CO 81611 715 W MAIN ST #204 RUSSO NICK A ASPEN, CO 81612 PO BOX 4743 HALPERIN ALEXANDRA & BARBARA CARBONDALE, CO 81623 52 LARKSPUR DR 700 WEST HOPKINS CONDO ASPEN, CO 81611 700 W HOPKINS AVE UMBA ENTERPRISE LLC ASPEN, CO 81611 605 W MAIN ST #103 207 2,257 376.2 Legend 1: WGS_1984_Web_Mercator_Auxiliary_Sphere Feet0376.2188.08 Notes Property Map within 300 ft 14.MAY.18 THIS MAP IS FOR INFORMATIONAL PURPOSES. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content represented. Map Created on 12:48 PM 05/14/18 at http://www.pitkinmapsandmore.com State Highway Road Centerline 4K Primary Road Secondary Road Service Road Full Address Rivers and Creeks Continuous Intermittent River, Lake or Pond Federal Land Boundary BLM State of Colorado USFS 208 1 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Amy Simon, (970) 429-2758 DATE: 5.2.18 PROJECT: 616 W. Main/616 ½ W. Main APPLICANT: Halperin/Sedowsky DESCRIPTION: The subject property is a landmark designated parcel containing two historic structures; a Victorian era miner’s cottage (616 W. Main- Unit A, 616 W. Main Condo) and an outbuilding (616 ½ W. Main- Unit B, 616 W. Main Condo). The applicant, the owner of Unit B, believes that the existing development on the site is less than the maximum permitted floor area and proposes to convert that unused area into one or more Transferable Development Rights (TDRs.) TDRs are created in increments of 250 square feet of floor area and must be reviewed and approved by City Council through the passage of an Ordinance. Once approved, the applicant must file a deed restriction on the property noting that for each TDR created the development rights on the site are reduced by 250 square feet. After the deed restrictions are recorded, Community Development Staff will issue the TDR certificates to the owner. The City plays no role in the sale of TDRs, however the sale price of a TDR is required to be disclosed to Community Development within five days of any transaction. In preparing this pre-application summary, the Community Development Department became aware that 616 W. Main, Unit A may be out of compliance with previous land use approvals related to the allowed use of the structure. Enforcement action is proceeding separately and if a land use application for TDRs to be removed from this site is submitted and accepted for processing, the City does not waive any right to continue to pursue the enforcement matter. The owner of 616 W. Main, Unit A must provide written consent to the TDR application as a 50% owner of 616 W. Main Condominiums. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.535 Transferable Development Rights Review by: Staff for completeness, Council for determination Public Hearing: Yes, at Second Reading Referral Agencies: None. Planning Fees: $1,300 deposit for up to 4 hours of review (additional billable hours, or hours to be refunded, will be at the rate of $325 per hour) Referral Agency Fees: None Total Deposit: $1,300 To apply, first submit one printed copy of the following information: Completed Land Use Application. Pre-application Conference Summary (this document). HOA Compliance form (Attached). 209 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. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner’s right to apply for the Development Application. To demonstrate the right to apply, the applicant must also provide written consent to the application from the owner of 616 W. Main Condo, Unit A. An 8 1/2” x 11” vicinity map locating the subject parcel within the City of Aspen. List of adjacent property owners within 300’ for public hearing. A notarized affidavit from the sending site property owner signifying acknowledgment of the following: o A deed restriction will permanently encumber the sending site and restrict that property's development rights to below that allowed by right by zoning according to the number of historic TDR certificates established from that sending site. o For each certificate of development right issued by the City for the particular sending site, that property shall be allowed two hundred and fifty (250) square feet less of floor area, as permitted according to the property's zoning, as amended. o The sending site property owner shall have no authority over the manner in which the certificate of development right is used by subsequent owners of the historic TDR certificate. A site improvement survey of the sending site depicting: o Existing natural and man-made site features. o All legal easements and restrictions. Dimensioned, scaled drawings of the existing development on the sending site and a floor area analysis of all structures thereon. Proposed TDR deed restriction for the sending site. Written response to each of the review criteria. Once the application is deemed complete by staff, the following items must be submitted: Signed fee agreement and total deposit for review of application. A complete copy of the application, including all items listed above. Provide one printed copy and a digital copy, by email 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. 210 211