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HomeMy WebLinkAboutagenda.apz.20121016 AGENDA ASPEN PLANNING AND ZONING COMMISSION REGULAR MEETING TUESDAY, October 16, 2012 4:30 p.m. Sister Cities room 130 S. Galena Street, Aspen I. ROLL CALL II. COMMENTS A. Commissioners B. Planning Staff C. Public III. MINUTES C> IV. DECLARATION OF CONFLICT OF INTEREST V. PUBLIC HEARINGS — A. 601 E. Hyman, Conceptual Commercial Design Remand B. 616 E. Hyman — Conceptual Commercial Design Review VI. OTHER BUSINESS VII. BOARD REPORTS VIII. ADJOURN Next Resolution Number: Iq P1 MEMORANDUM TO: Planning and Zoning Commission FROM: Sara Nadolny, Planning Technician THRU: Jennifer Phelan, Deputy Community Development Director RE: 601 E. Hyman Ave—Victorian Square Condominiums MEETING DATE: October 16, 2012 BACKGROUND: On July 30, 2012, the Planning and Zoning Commission (P&Z) approved Conceptual Commercial Design Review for a project at 601 E. Durant Ave, also known as Victorian Square Condominiums. This review addressed the mass, scale and placement of the proposed building, and includes parking and public amenity space. The proposed development is a mixed-use three story building, with commercial on the first and second floors, and a free market residential unit on the third floor. During the July 301` regular Planning and Zoning Commission hearing, a Resolution was approved that left the public amenity portion of the Conceptual Commercial Design Review unresolved. Section 2: Public Amenity Space of Resolution No. 13 states, "The approved public amenity space shall comprise a total of 13% of the total parcel. Proposed by the Applicant thus far is to provide 272 sf(6%) of the total requirement on-site, and to provide cash-in-lieu payment for the remaining 323 sf(7%). Prior to Final Design Review, the Applicant will further examine and study the public amenity space with the objective of increasing the on-site amount." As per the Land Use Code Section 26.412.040(B), land use cases involving Commercial Design review must be submitted to City Council for review subsequent to the resolution of the Conceptual Commercial Design Review. Should Council choose to call up the case for discussion, one of the following actions may be taken: 1. Accept the Planning and Zoning Commission's decision; 2. Remand the application back to the Planning and Zoning Commission with direction for rehearing and reconsideration; or 3. Continue the meeting to request additional evidence, analysis or testimony as necessary to conclude the call up review. In this instance Council chose to call up this case for review during a regular hearing on August 27th. At that time planning staff recommended that City Council remand this case back to the Planning and Zoning Commission with the direction to focus solely on the issue of determining the amount of on-site public amenity space. Staff's opinion is that the public amenity issue should be resolved prior to proceeding with the Growth Management, Subdivision, and Final Commercial Design reviews that this land use case will require. The intent of Conceptual Commercial Design Review is to lock in the location, height and mass of the development on the parcel, and public amenity is a part of this review. 1 P2 At the October 16'1'hearing the Planning and Zoning Commission has the option of accepting the direction from Council, and using this hearing to finalize and memorialize the amount of on-site public amenity space for the project, or to reject Council's recommendation, and finalize the amount of on-site public amenity space during Final Commercial Design Review. Staff Review: The existing on-site public amenity space comprises 595 sf, or 13% of the total parcel. According to Section 26.575.030 Public Amenity of the Land Use Code, for redevelopment of parcels on which less than 25% of the lot is provided as public amenity, the existing percentage should be maintained. The Applicant is now proposing to increase the amount of on-site public amenity space from 262 sf (6%) to 630 sf (14%), thereby exceeding the amount of public amenity space that currently exists, and that is required by the Land Use Code. The additional public amenity space has been gained by: 1. Increasing the building's setback from the property line on Hyman Ave. to approximately 4', to approximately 8' at the first floor's individual doorways, and to approximately 11' at the building's primary door. 2. On the Hunter St. fa9ade, the building has been set back from the property line approximately 4', to approximately 8' at the doorway, with an additional sidewalk located within the property line. 3. The second story overhang that in previous design iterations created a recessed first story has been reduced from four feet to approximately 18 inches. This creates additional space that is open to the sky, and may count towards public amenity space. 4. The stair tower at the eastern end of the Hyman Ave (north) fagade is proposed to be relocated to the south side(rear) of the building, exchanging places with the elevator that is currently at this rear location. This allows the space near the building's front door to be widened and opened up to the sky as further public amenity space. Figure A: Site plan. Tan colored hatched area represents public amenity space. P3 k i Figure B-1: Proposed Hyman Ave. facade with 6%public amenity space,previously proposed design. F j Figure B-2: Proposed Hyman Ave. fagade with 14%public amenity space, current proposed design. 3 1 rr 4 51,4 it 1 ` ' � �I I T Y '. ��`�:'S'H6 4F;r' ��• I � { a < aF I ' i s v+ ,�4qr t�1S r.�ttid7 ..- ._ I� P5 Staff recognizes that there are different ways to approach public amenity on this site. One way is to create an accent space at the corner, grouping all public amenity space into one functional courtyard style area that contains seating and serves as a gathering space for the public. Staff was previously in favor of this design option, to ensure utility of the public amenity space. The Applicant has chosen to extend the public amenity space around the site in strips as an enhanced public walkway, as well as enlarge the courtyard entryway. In this instance Staff believes this design can be supported. Overall, the provision of the public amenity space along the Hyman Ave fagade makes sense, given the width of the setbacks of the other buildings along the block, and the width of the public amenities at these locations. Staff recognizes the utility of the public amenity as a linear strip in this area, with pedestrians moving along this block corridor, as opposed to a courtyard style space. However, the provision of the public amenity space along the Hunter St fagade does not make sense for the overall design of the site. The enhanced walkway on this street does not serve a purpose that is not already met by the existing sidewalk. Staff recommends that the Applicant explore moving the building closer to the existing sidewalk in order to maintain a stronger presence on the corner, and to eliminate the unnecessary walkway. This is an issue that may be resolved during Final Commercial Design Review. Previous plans have depicted the first floor recessed under the second and third stories by four feet. In this new submission the overhang has been modified to approximately 18", which creates a gain in public amenity space by opening up more of the enhanced walkway to the sky. Staff is in favor of the decreased size of this overhang. However, we feel that at 18", this portion of the front fagade appears more like an architectural applique that has been applied to the building, rather than a distinct module. This creates a massing issue, where the building appears to have a solid d` three-story face with no breaks between floors 1 (as depicted in Figure D, as seen from Hunter St). Staff believes that by pulling this overhang forward a bit more—finding a length somewhere between 18" and four feet, there will be more dimension and substance to this portion of the building, and it will present as a separate module, thereby reducing the overall appearance of the building's mass. Staff supports the design change where the front stairwell has swapped places with the elevator. This change has resulted in a widened front entryway, bringing the building's primary entry door into a prominent Figure D: 18"overhang on front fagade—Staff recommends a slight increase of this feature. 5 P6 place, and opening up this area to more public amenity. The removal of the stair tower has also eliminated the pinch point that obstructed pedestrian flow which was created by the stair tower's prominence in the former design. Staff feels that there may be opportunity to enhance the public amenity space by the addition of bench-style seating throughout the public amenity space, particularly on the Hunter St. fagade, which benefits from the greatest amount of solar gain. Overall, Staff is less concerned that the Applicant ensure. that the 13% of public amenity is located completely on-site, and more concerned with ensuring a good product, and that the public amenity provided is appropriate to and has utility for the development. The public amenity component will be reviewed at Final Design Review and any amount that is found to be less than 13% must be mitigated for according to Section 26.575.030 Public Amenity of the Land Use Code. Staff Recommendation: Staff recommends the Planning and Zoning Commission approve the Applicant's design for public amenity space, with the provision that the Applicant will re-examine the building's placement on the Hunter St. facade, and will increase the size of the second/third story overhang. ATTACHMENTS: Exhibit A: Review Criteria Exhibit B: Design Plans Exhibit C: Public Notice/Affidavit 6 P7 RESOLUTION NO._ (SERIES OF 2012) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING A CONCEPTUAL COMMERCIAL DESIGN FOR VICTORIAN SQUARE CONDOMINIUMS, COMMONLY DESCRIBED AS 601 E. HYMAN AVE, CITY OF ASPEN, PITKIN COUNTY, COLORADO Parcel ID: 2737-182-250-31, 2737-182-250-28, 2737-182-250-30, 2737.-182-258-01, 2737-182-250-27, 2737-182-250-32, 2737-182-250-33, 2737-182-250-29 WHEREAS, the Community Development Department received an application from the Victorian Square, LLC (Applicant), represented by Stan Clauson of Stan Clauson Associates, Inc., requesting the Planning and Zoning Commission recommend approval of a Conceptual Commercial Design for Mixed Use development at Victorian Square; and, WHEREAS, pursuant to Chapter 26.412 of the Land Use Code, commercial design review approval may be granted by the Planning and Zoning Commission at a duly noticed public hearing; and, WHEREAS, during a regular meeting on June 19, 2012, and a continued public hearing on July 3rd, 2012, the Planning and Zoning Commission opened a duly noticed public hearing to consider the project and recommended approval of the conceptual commercial design with conditions; and, WHEREAS, upon call-up review of the project by City Council, during a regular public hearing on August 27, 2012, City Council chose to remand the project back to the Planning and Zoning Commission with direction to re-examine the amount of public amenity space found on- site; WHEREAS, the Commission has considered City Council's request to re-examine and memorialize the amount of public amenity space found on the subject parcel, and finds that the development review standards for Conceptual Commercial Design Review have been met, as long as certain conditions are implemented. NOW, THEREFORE BE IT RESOLVED that the Planning and Zoning Commission approve the Conceptual Commercial Design Review, pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, for the Victorian Square building, subject to the conditions listed in Section 1 below. Section 1: The approval is subject to the following conditions: 1. The Final Commercial Design Review application shall reflect and demonstrate compliance with the findings of the Commission. 2. The Final Commercial Design Review application shall include: Page 1 of 4 P8 a. An application for Final Commercial Design Review and the proposed development is further subject to Final Commercial Design Review, GMQS Allotment, and Subdivision. A pre-application conference with a member of the Community Development Department is required prior to submitting an application. b. Delineation of all dimensional provisions of the development. c. A proposed subdivision plat. 3. Approval of the Conceptual Commercial Design does not preclude meeting other requirements of the Municipal Code, such as Engineering and Parks standards. Drawings illustrating the Conceptual Commercial Design Review are attached as exhibits to this Resolution. Section 2: Public Amenity Space The approved public amenity space shall comprise a total of 630 sf (14%) of the total parcel. The public amenity will be in the form of an enhanced public walkway that will be present on both of the building's street facing facades, as well as bench seating. Section 3: Buildinf The final design shall meet adopted building codes and requirements if and when a building permit is submitted. Section 4: Engineering The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21, Title 28 and all construction and excavation standards published by the Engineering Department. A construction management plan must be submitted in conjunction with the building permit application. A completed drainage report/plan as outlined in the Urban Runoff Management Plan shall be submitted and approved prior to Building Permit issuance. This major project is subject to the fee in lieu requirement of Section 2.12.140 of the Aspen Municipal Code. Section 5: Parks Landscaping in the public right-of-way will be subject to landscaping in the right-of-way requirement, Chapter 21.20, of the Municipal Code. There shall be no plantings within the City right-of-way which are not approved by the City Parks and Engineering departments. Per Municipal Code 13.20, an approved tree permit will be required prior to any tree removal or development within the drip line of the tree. All tree permits must be approved prior to approval of building permits. Parks will approve the final landscape plan during the review of the tree removal permit based on landscape estimates. Section 6: Fire Mitigation All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Page 2 of 4 P9 Section 7: Public Works The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Utility placement and design shall meet adopted City of Aspen standards. Section 8: Sanitation District Requirements Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. Section 9:.Environmental Health The state of Colorado mandates specific mitigation requirements with regard to asbestos. Additionally, code requirements to be aware of when filing a building permit include: a prohibition on engine idling, regulation of fireplaces, fugitive dust requirements, noise abatement and pool designs. Section 10: Engineering All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting. Section 11: School Lands Dedication Before the Applicant is issued a Building Permit, the Applicant shall pay a fee-in-lieu of land dedication pursuant to Chapter 26.620, School Lands Dedication. The amount of the fee shall be " calculated by the Community Development Department using the calculation method and fee schedule in effect at the time the applicant submits a Building Permit. Section 12: Impact Fees Before the Applicant is issued a Building Permit, the Applicant shall pay a Parks Development fee and a TDM/Air Quality fee pursuant to Chapter 26.610, Impact Fees. The amount of the fees shall be calculated by the Community Development Department using the calculation method and fee schedule in effect at the time the Applicant submits a Building Permit. Section 13• 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 14: 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. Page 3 of 4 P10 APPROVED by the Planning and Zoning Commission at its regular meeting on October 16, 2012. LJ Erspamer, Chairman APPROVED AS TO FORM: Deb Quinn,Assistant City Attorney ATTEST: Jackie Lothian,Deputy City Clerk Attachment: Exhibit.A—Site Plan Page 4 of 4 P11 RESOLUTION EXHIBIT A SITE PLAN Hyman Avenue I y 4 Li 44 i` _ °e�f scnEEN nr CONCEPTUAL UNOSCAPE D 1 P12 EXHIBIT A Sec. 26.412.060.Commercial design standards. The following design standards, in addition to the commercial, lodging and historic district design objectives and guidelines, shall apply to commercial, lodging and ,mixed-use development: A. Public amenity space. Creative, well-designed public places and settings contribute to an attractive, exciting and vital downtown retail district and a pleasant pedestrian shopping and entertainment atmosphere. Public amenity can take the form of physical or operational improvements to public rights-of-way or private property within commercial areas. On parcels required to provide public amenity, pursuant to Section 26.575.030, Public amenity, the following standards shall apply to the provision of such amenity. Acceptance of the method or combination of methods of providing the public amenity shall be at the option of the Planning and Zoning Commission or the Historic Preservation Commission, as applicable, according to the procedures herein and according to the following standards: 1. The dimensions of any proposed on-site public amenity sufficiently allow for a variety of uses and activities to occur, considering any expected tenant and future potential tenants and uses. Staff Response: The size of the public amenity space proposed for this project is 630 sf (13%), and is proposed as an enhanced public walkway that will wrap around both the Hunter St. and Hyman Ave.facades. This will widen the walkway to approximately four feet for the majority of the space, will measure to approximately eight feet at the individual doorways, and to approximately 11 ' at the building's primary entryway. The space will include two seating areas, and potentially apiece of public art. Although not a traditional gathering space, Staff feels the proposed public amenity is appropriate for this development, given the setbacks and walkways for the neighboring buildings on the block. The proposed public amenity will enhance the pedestrian corridor along Hyman Ave, and create a pleasant pedestrian pathway to the art museum on the eastern corner of the block. Staff finds this criterion to be met. 2. The public amenity contributes to an active street vitality. To accomplish this characteristic, public seating, outdoor restaurant seating or similar active uses, shade trees, solar access, view orientation and simple at-grade relationships with adjacent rights-of-way are encouraged. Staff Response: The proposed public amenity space will result in the widening of the sidewalk with granite cobblestone pavers, a green wall, street trees, public art, and public seating along the building's street facing facades. This public amenity space is proposed at grade to the adjacent right-of-way, open to the sky, and directly accessible to the public. The enhanced walkways will allow for increased pedestrian activity and will connect with the neighboring building's walkways. Staff recommends that the Applicant consider additional seating on Hunter-St, which has the advantage of receiving the P13 greatest amount of solar gain, with views to the south of Aspen Mountain. Staff finds the criterion to be met. 3. The public amenity and the design and operating characteristics of adjacent structures, rights-of-way and uses contribute to an inviting pedestrian environment. Staff Response: The other buildings on the same block have been designed with similar setbacks from the existing sidewalk. The setback of the subject building and its proposed public amenity has a similar relationship to the setbacks and walkways styles found at these neighboring building sites, and will serve to enhance the pedestrian flow through the Hyman Ave corridor. Staff finds the proposed public amenity on Hunter St. to be unnecessary and will set back the building too far from the existing pedestrian walkway. Staff recommends that the Applicant remove this portion of the public amenity, and bring the building to the existing sidewalk edge, where it will serve to anchor the corner and provide a stronger street edge. Staff find this criterion to be met. 4. The proposed amenity does not duplicate existing pedestrian space created by malls, sidewalks or adjacent property, or such duplication does not detract from the pedestrian environment. Staff Response: The proposed amenity does duplicate, to some extent, the current pedestrian sidewalk. However, Staff does not feel that the walkway detracts from the pedestrian environment at the Hyman Ave facade: This enhanced walkway is an appropriate design for the development, and will complement the walkway and pedestrian flow for the neighboring buildings on Hyman Ave. Staff does not feel that the public amenity proposed for Hunter St. shares the same utility, where the enhanced sidewalk seems unnecessary and does not tie in to the style of the neighboring properties. In fact, a pinch point is created in the pedestrian flow where the proposed enhanced walkway meets the transformer screen at the southern edge of the property, and pedestrians are forced back onto the existing sidewalk. Staff recommends that the building be moved closer to the existing sidewalk so as to enhance the street wall, and not unnecessarily duplicate the existing pedestrian walkway. Staff finds the criterion to not be met. 5. Any variation to the design and operational standards for public amenity, Subsection 26.575.030.F., promotes the purpose of the public amenity requirements. Staff Response: The proposed public amenity space will not deviate from the design and operational standards for. public amenity, Subsection 26.575.030.E Staff finds the criterion to be met. P14 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE �I)DrESS,qF PROPERTY: Aspen, CO SCHEDU ED PUBLIC HEARING DATE: 201L— STATE OF COLORADO ) ss. County of Pitkin ) I, 20 tca_ (name, please print) being or representing an Applicartjto the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the day of , 20 , to and including the date and time of the public hearing. A photograph of the posted notice,..(sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) P15 Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions that create more than one lot, Planned Unit Developments, Specially Planned Areas, and COWAN are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. r NI d Eli 4 e m this L day TFIE CITY OF ASPKN " PUBLIC NOTICE IAND AND OFFICIAL SEAL RE:601 E.HYMAN AVE _ COUNCIL REMAND TO PLANNING AND ZONING GOMMIS810N -x ires: REGARDING CONCEPTUAL COMMERCIAL DESIGN REVIEW p NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, ; October 16,2012,at a meeting to begin at 4:30 p.m.before the Aspen Planning �^ and Zoning Commission,Sister Cities Meeting Room,City Hall,130 S.Galena ,• " St.,Aspen,to review the issue of the amount of on-site public amenity space .;' d•:, related to the application submitted by Victorian Square Condominiums LLC, c/o Ronald Garfield,Garfield&Hecht PC,601 E.Hyman Ave,represented by Stan Clauson of Stan Clauson Associates.The property Is legally described as ' •° ' Victorian Square Condominiums,commonly known as 601 E.Hyman Ave. The BLE: applicant has submitted plans for the demolition and replacement of the existing commercial building with a three-story mixed-use building. The Planning and Zoning Commission granted"conceptual approval on July 3,2012. A condition of 7N) y the approval was to determine public amenity requirements a Final Commercial Design Review. On August 27th,2012 this decision was called up by City Council ;AGENCIES NOTICED for discussion. City Council voted to remand the decision back to the Planning and Zoning Commission with the direction to finalize the amount of public amenity space. 'STAE OWNERS NOTICE that will be maintained on-site. For further information,contact Sara Nadolny at the.City of Aspen Community evelopment Department,130 S.Galena St.,Aspen,CO,(970)429.2739,sara. Nadoiny@ci.aspen.co.us S/LJ Erspamer,Chair t Aspen Planning and Zoning Commission Published in the Aspen Times on August 24,2012 City of Aspen Account X �:iabrg� X224 E r l r October 11, 2012 Ms. Ann Mullins Chair, Aspen Historic Preservation Commission City of Aspen 130 S. Galena Aspen, CO 81611 Re: 601 Hyman Ave. Victorian Square Condominiums LLC. Stan Clausen Associates/Garfield & Hecht P.C. Dear Ms. Mullins, Aspen Elks Lodge#224 is the owner of the historic three story building located on the corner of Hyman and Galena Streets. The Lodge is comprised of over 900 members who have instructed its governing body to take any steps necessary to protect its view plane of the mountains, particularly the views of Aspen Mountain. Equally our members would expect any new construction, or remodel to adhere to the existing requirements to satisfy required public amenity space, as directed by the Planning and Zoning Commission. The Lodge Trustees and House Committee, a.k.a.,Board of Directors, Aspen Elks Lodge#224,therefore takes the position that the project proposed by Victorian Square Condominiums LLC, Stan Clausen Associates,and Garfield & Hecht P.C. be held to these standards. Respectfully submitted,` Richard Miller Exalted Ruler Aspen Elks Lodge #224 510 Hyman, Suite 300 Aspen, Co 81612 Cc: Sara Adams,Aspen Community Development Department Kathryn Koch, City Clerk 510 E. Hyman Avenue, Suite 300 Aspen, CO 81611 ® 970 925-9071 ® 970 925-8678(F,,%-J P1 MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Jennifer Phelan, Deputy Planning Directory RE: 616 E Hyman—Conceptual Commercial Design Review Resolution No.__, Series of 2012 MEETING DATE: October 16, 2012 APPLICANT/OWNER: Furngulf LLP REPRESENTATIVE: =• Mitch Haas, Haas Land Planning LOCATION: 616 E Hyman Ave. Lots N & L , O,Block 99, City and Townsite of Aspen s. k 2. CURRENT ZONING: C-1, Commercial zone = district SUMMARY: The Applicant, requests conceptual commercial design review for a remodel and addition of the building at 616 E Hyman. /s STAFF RECOMMENDATION: Approval with conditions. Photo: 616 E Hyman building and location. 616 E. Hyman Ave—Conceptual Commercial Design P&Z Memo Page 1 of 5 P2 REQUEST OF THE PLANNING AND ZONING COMMISSION: The Applicant is requesting the following land use approvals from the Planning and Zoning Commission to redevelop the site: • Conceptual Commercial Design Review for development involving commercial uses, pursuant to Land Use Code Section 26.412.050, Commercial Review, and pursuant to the Commercial, Lodging, and Historic District Design Objectives and Guidelines. (The Planning and Zoning Commission is the final review authority.) BACKGROUND AND PROJECT SUMMARY: The applicant proposes to remodel and.expand an existing two story building and add a recessed third floor at 616 E Hyman. The lot is 6,000 square feet and is located approximately at the center of the north side of the block face of Hyman, between Hunter and Spring Streets. Existing Conditions: The existing structure includes one entrance with commercial space in the basement, ground and second floors. There is a second floor deck on the building, head-in parking along the alley, and a planted public amenity space along the front fagade at the southwest corner. The building currently includes 9,046 sq. ft. of existing net leasable divided among the three levels. The existing Floor Area is 7,396 sq. ft. The maximum allowed Floor Area for the Site is 15,000 sq. ft. I The trash/utility area is located along the building, in the alley, but is not clearly dedicated and consists of a trash dumpster. There are currently six (6) marked off-street parking spaces located along the alley that are compromised by existing doorways out of the building and the trash dumpster. Approximately 7% of the parcel (430.68 sq. ft.) presently meets the Public Amenity requirements. The Court House View Plane No. 1 crosses a small portion of the site at the far southwest corner of the property. However, it crosses at a height well above the allowed 36 — 40 foot height limit of the zone district and therefore does not limit the height of the development. Proposed Development: The applicant proposes to remodel and expand the existing building. The building would include commercial space-on the basement, ground, and second levels, an affordable housing unit on the second floor, and a free-market residential unit on the third floor. Specifically, the footprint will stay the same on the ground level, expand property line to property on the second level (replacing a street facing deck and cantilevering over the current parking area), and add a new, recessed, third level with an accessory deck along the front fagade. The proposal would bring the building to approximately 12,422 sq. ft. of floor area, with, 2,465 sq. ft. of free-market residential net livable space, and 936 sq. ft. of affordable housing net livable space. The applicant is proposing to use a TDR to enable an increase.above the 2,000 sq. ft. unit size cap for the free-market unit. Four parking spaces are proposed with the application, and the existing Public Amenity's size and location is unchanged. The proposed third story addition will result in an overall height of 40 feet to the parapet. The applicant requests an increase in height for the third story, through Commercial Design Review, from 36 feet to 40 feet. 616 E. Hyman Ave—Conceptual Commercial Design P&Z Memo Page 2 of 5 P3 STAFF COMMENTS: CONCEPTUAL COMMERCIAL DESIGN REVIEW: The project is required to comply with the standards set forth in section 26.412.060, Commercial Design Standards, as well as the Conceptual Review Guidelines of the Commercial section of the Commercial, Lodging, and Historic District Design Objectives and Guidelines. The project must comply with five main areas: Street& Alley System, Parking, Public Amenity Space, Building Placement, and Building Height, Mass & Scale. Street& Alley System: The development proposal re-uses the existing building. It is oriented to the street and includes a developed alley. The primary entrance is located along Hyman Avenue. The building currently includes a courtyard (Public Amenity), which is proposed to be maintained. This adds visual interest to the building and currently is the area of main access to the building. Additional entries along the facade are proposed, meeting the design guidelines; however, staff recommends at final review that these new entries be better differentiated from the storefront windows. The proposal also updates the alley elevation to ensure it provides visual interest and memorializes an area for the trash/utilities. Staff finds this portion of the guidelines is met. Figure 1: Front Facade ELEVATOR OVERRUN SCREENCANOPY CHIMNEY r L0.PARAPET - - - - - - 14D•0• �T.O.PARAPET PAINTED SIMMUM STOW VENEER GLASS&STOI E PARAP BUILDING OUTLINE FORWGHBORING BNID�IG I I - _ F.F.LEVEL 3 12T 0"I METALPAha F.F.LEVEL 2 --y - -- - 112'-0' _. ... ALUMINUM DOOR SYSIEM r--ALMINUMSTOR SYSTEM _ F.F.LEVEL 1 100'_0• Parkin• The design guidelines focus on parking structures. No structured parking is proposed. Staff finds this portion of the guidelines to not be applicable. 616 E. Hyman Ave—Conceptual Commercial Design P&Z Memo Page 3 of 5 . .�-....rte P4 Public Amenity Space: On-site public amenity space can help a project relate to the street and provide a positive pedestrian environment. The existing site configuration includes 430 existing sq. ft. of public amenity space (or 7% of the parcel). As the Public Amenity space is not being reconfigured, it is considered an existing non-conformity with regard to size but is permitted to be maintained. Staff finds this portion of the guidelines is met. Building Placement: The proposal reuses the existing two-story building and adds a third floor. The proposal maintains the ground floor footprint of the existing building. The existing building is oriented toward the street, and the existing setbacks are maintained. Sixty-six percent of the front facade is at the property line. Staff finds this portion of the guidelines is met. Budding Height, Mass & Scale: There are a range of heights in the Commercial Character area. This building is proposed to be three stories. The third floor is proposed to be significantly setback from the street, helping to minimize the perceived mass of the third floor. The entire third story is setback approximately 27 feet from the front property line. The building height is approximately 40 feet at its highest point along Hyman. The underlying zone district permits 36 feet for a third story element which may increased to 40 feet through Commercial Design Review. The design guidelines call for maintaining a minimum of 9 foot ceiling heights on all'upper floors, and having a larger first floor. The current building has floor to floor heights of 12 feet on the first floor and 11 feet on the second floor. Because the applicant is maintaining the existing building, these are not proposed to change. The proposed third floor has finished floor to top of parapet heights from 14 to 17 feet. Staff is concerned that the third story floor heights, which require the granting of additional height through Commercial Design Review, result in a third story that appears out of proportion with the existing building. Staff does not find that the standards for granting additional height are met and recommends that the building be no taller than 36 feet. TRASH/UTILITY/RECYCLE AREA: The project proposes a variation from the Trash/Utility/Recycle area requirements of the code. The current configuration is a dumpster located along the alley facade of the building within a striped parking space that does not currently meet the requirements of the Land Use Code. The Land Use Code requires 20 linear feet with a minimum vertical clearance of 10 feet and a minimum depth of 10 feet. With the expansion of the second story the rear parking area is being reconfigured and proposed with a dedicated trash/utility area. 616 E. Hyman Ave—Conceptual Commercial Design P&Z Memo Page 4 of 5 P5 Figure 2: Trash and Utility area The applicant had requested an approximately 8 ®, foot wide trash, recycling, and utility area with a depth of approximately 19 feet. The Environmental PROPOSED PAROS I Health Department has noted that this configuration should adequately serve trash and. j recycling as long as the area is dedicated to that II b sole use. OPOSED PIANIEA I I h ®I j RECOMMENDATION: Staff recommends approval of the project, with the following P '15 conditions: RAM I sEOPei EOlz , to V I, 1. The Subdivision and Final Commercial I W o Design Application shall address the height of the SMK;EYAM j F a $ third story addition, not to exceed 36 feet, and explore ways to minimize its height in relation to »-23� the existing building. PkOPOSED PAR[NO i I ao 2. All dimensional standards shall be met at the Final Commercial Design Application. PED i I PROPOSED MOTION: "I- move to approve Resolution #_, Series 2012, approving j Conceptual Commercial Design Review for the Kopwb project located at 616 E Hyman Ave." b. LINE OF PROPOSED BUILDING EXTEt MON ABOVE Id 2Y-0" ` PROPERTY LINE Attachments Exhibit A—Staff Findings, Conceptual Commercial Design Review Criteria Exhibit B—Staff Findings, Conceptual Commercial Design Guidelines Exhibit C—Copy of C-1 Zone District Exhibit D—Application Exhibit E—Application Addendum,updated drawings,bound 616 E. Hyman Ave—Conceptual Commercial Design P&Z Memo Page 5 of 5 P6 RESOLUTION N0. (SERIES OF 2012) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING CONCEPTUAL COMMERCIAL DESIGN REVIEW FOR A REMODEL AND ADDITION CONSISTING OF COMMERCIAL AND RESIDENTIAL SPACE FOR THE PROPERTY LOCATED AT 616 E HYMAN AVE, LEGALLY DESCRIBED AS LOTS N & O, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: WHEREAS, the Community Development Department received an application from Furngulf LLP, represented by Mitch Haas, Haas Land Planning LLC requesting of the Planning and Zoning Commission approval of Conceptual Commercial Design Review to remodel the existing building and add a third floor addition for a project that will include a mix of commercial space, affordable housing, and free-market residential; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended the Applicant amend the proposal to better comply with the Commercial Design Standards with regard to height and for the Planning and Zoning Commission to approve the application with conditions; and, WHEREAS, during a duly noticed public hearing on October 16, 2012, the Planning and Zoning Commission approved Resolution No. ---, Series of 2012, by a----to -- - vote, approving Conceptual Commercial Design Review; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development` proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, Resolution No--, Series 2012 Page 1 of 3 P7 WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN,COLORADO THAT: Section 1: Pursuant to the procedures and.standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves Conceptual Commercial Design Review with the following conditions: A. The Subdivision and Final Commercial Design Application shall address the height of the third story addition, not to exceed 36 feet, and explore ways to minimize its height in relation to the existing building. B. All dimensional standards shall be met at the Final Commercial Design Application. Drawings illustrating the Conceptual Commercial Design Review are attached as Exhibit A to the Resolution. Section 2: Enaineerin The applicant shall address compliance with the City's Urban Runoff Management Plan as part of the Subdivision and Final Commercial Design Review. Section 3: Parks Any changes to the Public Amenity, shall be reviewed and approved by the Parks Department as part of the Final Commercial Design Application. Section 4: General The applicant shall comply with all applicable City of Aspen Codes. Nothing in this conceptual approval negates the Applicant's requirements to meet other sections and requirements of the Municipal Code. Section 5: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein,unless amended by an authorized entity. Section 6: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Resolution No--,Series 2012 Page 2 of 3 P8 Section 7• If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 16th day of October, 2012. APPROVED AS TO FORM: PLANNING . AND ZONING COMMISSION: Deb Quinn, Assistant City Attorney LJ Erspamer, Chair ATTEST: Jackie Lothian, Deputy City Clerk Resolution No--, Series 2012 Page 3 of 3 P9 Exhibit A Commercial Design Review—Land Use Code Review Criteria Sec. 26.412.050. Review criteria. An application for commercial design review may be approved, approved with conditions or denied based on conformance with the following criteria: A. The proposed development meets the requirements of Section 26.412.060, Commercial design standards, or any deviation from the standards provides a more appealing pattern of development considering the context in which the development is proposed and the purpose of the particular standard. Unique site constraints can justify a deviation from the standards. he with Section 26.412.070, Suggested design elements, is not required but may be used to justify a deviation from the standards. Staff Finding: The proposed development meets the requirements of Section 26.412.060 of the Land Use Code. The applicant's proposal for public amenity space, as it is an existing space, is slightly under what the code requires for demolition and redevelopment but is considered legally existing. The amenity space is located so that it can contribute to the pedestrian environment. The applicant is requesting a minor variation in the location and size of the trash/utility standards. Staff finds the criterion is met. B. For proposed development converting an existing structure to commercial use, the proposed development meets the requirements of Section 26.412.060, Commercial design standards, to the greatest extent practical. Changes to the facade of the building may be required to comply with this Section. Staff Finding: Staff finds this criterion to be non-applicable. The building currently contains commercial space and will contain commercial space after the remodel and addition. C. The application shall comply with the guidelines within the Commercial, Lodging and Historic District Design Objectives and Guidelines as determined by the appropriate Commission. The guidelines set forth design review criteria, standards and guidelines that are to be used in making determinations of appropriateness. The City shall determine when a proposal is in compliance with the criteria, standards and guidelines. ,Although these criteria, standards and guidelines are relatively comprehensive, there may be circumstances where alternative ways of meeting the intent of the policy objectives might be identified. 'In such a case, the City must determine that the intent of the guideline is'still met, albeit through alternative means. (Ord. No. 13, 2007, §1) Staff Finding: The proposed development is submitted to the Planning and Zoning Commission for Conceptual Commercial Design Review. Staff finds most applicable guidelines are met or can be met with a conditioned approval. Staff finds the criterion is met. Exhibit A—Commercial Design Review—Land Use Code Review Criteria Page 1 of 5 P10 Sec. 26.412.060. Commercial design standards. The following design standards, in addition to the commercial, lodging and historic district design objectives and guidelines, shall apply to commercial, lodging and mixed-use development: A. Public amenity space. Creative, well-designed public places and settings contribute to an attractive, exciting and vital downtown retail district and a pleasant pedestrian shopping and entertainment atmosphere. Public amenity can take the form of physical or operational improvements to public rights-of-way or private property within commercial areas. On parcels required to provide public amenity, pursuant to Section 26.575.030, Public amenity, the following standards shall apply to the provision of such amenity. Acceptance of the method or combination of methods of providing the public amenity shall be at the option of the Planning and Zoning Commission or the Historic Preservation Commission, as applicable, according to the procedures herein and according to the following standards: 1. The dimensions of any proposed on-site public amenity sufficiently allow for a variety of uses and activities to occur, considering any expected tenant and future potential tenants and uses. Staff Finding: The existing size of the public amenity space is 430 sq. ft. and is located on the southwest corner of the property. The requirement according to the Land Use Code is to allow for 25% of the developable parcel to be used as public amenity space, but in cases of redevelopment where less than 25% exists, the same amount must be replaced not to be lower than 10%. The site currently contains 7% public amenity space and the applicant is not proposing demolition of the site so the existing area is permitted to be maintained. Staff finds this criterion is met. 2. The public amenity contributes to an active street vitality. To accomplish this characteristic, public seating, outdoor restaurant seating or similar active uses, shade trees, solar access,view orientation and simple at-grade relationships with adjacent rights-of-way are encouraged. Staff Finding: The existing courtyard remains on site as public amenity space. The at-grade space contains a tree and landscaped plantings contributing to a varied streetscape. Staff finds this criterion is met. 3. The public amenity and the design and operating characteristics of adjacent structures, rights-of-way and uses contribute to an inviting pedestrian environment. Staff Finding: The existing courtyard remains on site as public amenity space. The at-grade space contains a tree and landscaped plantings contributing to a varied streetscape. Staff finds this criterion is met. Exhibit A—Commercial Design Review—Land Use Code Review Criteria Page 2 of 5 P11 4. The proposed amenity does not duplicate existing pedestrian space created by malls, sidewalks or adjacent property, or such duplication does not detract from the pedestrian environment. Staff Finding: The proposed amenity does not duplicate space, but enhances the pedestrian environment. Staff finds the criterion is met. 5. Any variation to the design and operational standards for public amenity, Subsection 26.575.030.F., promotes the purpose of the public amenity requirements. Staff Finding: The proposed public amenity space will not deviate from the design and operational standards for public amenity, Subsection 26.575.030.F. Staff finds the criterion is met. B. Utility, delivery and trash service provision. When the necessary logistical elements of a commercial building are well designed, the building can better contribute to the overall success of the district. Poor logistics of one (1) building can detract from the quality of surrounding properties. Efficient delivery and trash areas are important to the function of alleyways. The following standards shall apply: 1. A utility, trash and recycle service area shall be accommodated along the alley meeting the minimum standards established by Section 26.575.060, Utility/trash/recycle service areas, unless otherwise established according to said Section. Staff Finding: The applicant is requesting to modify the orientation and dimensions of the trash and utility area. It does not meet the dimensional standards outlined in 26.575.060, which is 20 linear feet with a 10 foot depth but the applicant is requesting a size that is close to the required dimensions. The change in orientation is reasonable to accommodate on-site parking for the property. Staff finds the criterion is met. 2. All utility service pedestals shall be located on private property and along the alley. Easements shall allow for service provider access. Encroachments into the alleyway shall be minimized to the extent practical and should only be necessary when existing site conditions, such as an historic resource, dictate such encroachment. All encroachments shall be properly licensed. Staff Finding: The existing service pedestals are located on the alley will remain. The applicant proposes any easements be provided on the final plat. Staff finds the criterion is met. 3. Delivery service areas shall be incorporated along the alley. Any truck loading facility shall be an integral component of the building. Shared facilities are highly encouraged. Staff Finding: Exhibit A—Commercial Design Review—Land Use Code Review Criteria Page 3 of 5 P12 The delivery service is accessible off of the alley. An accessible ramp provides easy access to the building. Staff finds the criterion is met. 4. Mechanical exhaust, including parking garage ventilation, shall be vented through the roof. The exhaust equipment shall be located as far away from the street as practical. Staff Findinm: The applicant proposes all mechanical exhaust to be vented through the roof and screened from the street. The proposed project does not include plans for a garage. Staff finds the criterion to be met. 5. Mechanical ventilation equipment and ducting shall be accommodated internally within the building and/or located on the roof, minimized to the extent practical and recessed behind a parapet wall or other screening device such that it shall not be visible from a public right-of-way at a pedestrian level. New buildings shall reserve adequate space for future ventilation and ducting needs. (Ord. No. 13, 2007, §1) Staff Findinm: Mechanical ventilation equipment and ducting will be accommodated internally within the building and located on the roof. It will be minimized to the extent practical and recessed behind a parapet wall or other screening device such that it shall not be visible from a public right-of-way at a pedestrian level. The proposed development will reserve adequate space for future ventilation and ducting needs. Staff finds the criterion is met. Sec. 26.412.070.Suggested design elements. The following guidelines are building practices suggested by the City, but are not mandatory. In many circumstances, compliance with these practices may not produce the most desired development, and project designers should use their best judgment. A. Signage. Signage should be integrated with the building to the extent possible. Integrated signage areas already meeting the City's requirements for size, etc., may minimize new tenant signage compliance issues. Common tenant listing areas also serves a public way-finding function, especially for office uses. Signs should not block design details of the building on which they are placed. Compliance with the City's sign code is mandatory. B. Display windows. Display windows provide pedestrian interest and can contribute to the success of the retail space. Providing windows that reveal inside activity of the store can provide this pedestrian interest. C. Lighting. Well-lit (meaning quality, not quantity) display windows along the first floor create pedestrian interest after business hours. Dynamic lighting methods designed to catch attention can cheapen the quality of the downtown retail environment. Illuminating certain important building elements can provide an interesting effect. Significant light trespass should be avoided. Illuminating the entire building should be Exhibit A—Commercial Design Review—Land Use Code Review Criteria Page 4 of 5 P13 avoided. Compliance with the City's Outdoor lighting code, Section 26.575.150 of this Title, is mandatory. Staff Findinz: The applicant will address lighting design elements as part of the Final Commercial Design Review. The current building includes large windows on the first and second levels which will be maintained though this proposal. Staff finds this criterion is met. Exhibit A—Commercial Design Review—Land Use Code Review Criteria Page 5 of 5 P14 Exhibit B Commercial Design Guidelines—Conceptual Design Review Guidelines for the Commercial Character Area Commercial Character Area Design Objectives: These are key design objectives for the Commercial Area. The City must find that any new work will help to meet them: 1. Strengthen the sense of relatedness with the Commercial Core Historic District. Staff Finding: The Commercial Character Area is adjacent to the Commercial Core Historic District. The mixed use proposal relates to the uses seen in both character areas. The project is to remodel an existing building and add a new third story, which relate to the historic district without replicating it. Staff finds this criterion is met. 2. Maintain a retail orientation. Staff Finding: The proposed development increases the existing commercial square footage and maintains commercial uses along the ground floor street edge. Staff finds this criterion is met. 3. Promote creative, contemporary design. Designs should seek creative new solutions that convey the community's continuing interest in exploring innovations. At the same time, the fundamental principles of traditional design must be respected. This means that each project should strike a balance in the design variables that are presented in the following pages. Staff Finding: The proposed remodel and addition maintains the basic form of the current building with a third story addition that is recessed to minimize its presence. The primary entrance is along Hyman Ave, with additional entries being proposed along Hyman. Traditional forms such as storefront windows are interpreted in a contemporary fashion. Staff finds this criterion is met. 4. Encourage a well-defined street wall. The intent is to more clearly establish a strongly defined street wall, but with some greater variety than in the Commercial Core Historic District since the historic building edge is not as defined. A stronger street faVade definition should be achieved while at the same time recognizing the value of public dining and landscaped space. Staff Finding: As proposed the development will have a well-defined street wall oriented towards Hyman that is accented with an existing Public Amenity space. Staff finds this criterion is met. Exhibit B—Commercial Design Review—Commercial Design Guidelines, Commercial Character Area Page 1 of 7 P15 5. Reflect the variety in building heights seen traditionally. It is important that a range and variation in building height and scale in the Commercial Area be recognized in future developments. Larger buildings should be varied in height and reflect original lot widths. Staff Finding: The Applicant proposes variation in building heights with a mix of 2 and 3 story elements. The proposed two story fagade's height is differentiated from adjacent structures. Staff finds this criterion is met. 6. Accommodate outdoor public spaces while establishing a clear definition to the street edge. Providing space in association with individual buildings remains important, but should be balanced with much greater building street presence and corner definition. Staff Finding: The existing public amenity space is an accent to the established street wall that exists and is maintained. Staff finds this criterion is met. 7. Promote variety in the street level experience. Display cases, architectural details and landscaping are among the design elements that should be used. Staff Findinz: The applicant proposes variety in the project's street level experience with landscaped public amenity, storefront style windows and additional entries along the facade. Staff finds this criterion is met. Exhibit B—Commercial Design Review—Commercial Design Guidelines, Commercial Character Area Page 2 of 7 P16 Commercial Character Area Conceptual Review Design Guidelines Street & Alley System Staff Findinz: The development proposal re-uses the existing building. It is oriented to the street and includes a developed alley. The primary entrance is located along Hyman Ave. The building currently includes a courtyard, which is proposed to be maintained. This adds visual interest to the building and provides access to the commercial spaces. The proposal also updates the alley elevation to ensure it provides visual interest. Staff finds this portion of the guidelines is met. Staff finds the following Guidelines are met 1.1 Orient a primary entrance toward the street. 1.2 Maintain the established town grid in all projects. 1.4 Develop an alley facade to create visual interest. Staff finds the following Guidelines are not applicable 1.3 Public Walkways and through courts should be designed to create access to additional commercial space Parking Staff Finding: The design guidelines focus on parking structures. No structured parking is proposed. Staff finds this portion of the guidelines to not be applicable. Staff finds the following Guidelines are not applicable 1.5 The visual impacts of structured parking should be minimized. 1.6 Structured parking should be placed within a `wrap' of commercial and/or residential uses. Public Amenity Space Staff Finding: On-site public amenity space can help a project relate to the street and provide a positive pedestrian environment. The existing site configuration includes 430 sq. ft. of public amenity space (7% of the parcel). The existing space is landscaped and provides an accent to the existing building. Staff finds this portion of the guidelines is met. Exhibit B—Commercial Design Review—Commercial Design Guidelines, Commercial Character Area Page 3 of 7 P17 Staff finds the following Guidelines are met 1.7 A street facing amenity space shall meet all of the following requirements: • Abut the public sidewalk, Be level with the.sidewalk, Be open to the sky, Be directly accessible to the public, Be paved or otherwise landscaped 1.8 A street facing public amenity space shall remain subordinate to the line of building fronts in the Commercial Area. Staff finds the following Guidelines are not applicable 1.10 Mid-block walkways shall remain subordinate in scale to traditional lot widths 1.11 A mid-block walkway should provide public access to the following: • Additional commercial space and frontage within the walkway, Uses located at the rear of the property that are commercial in nature. 1.12 An alley side amenity space shall be designed to have these characteristics: • Direct public access to commercial space at ground or second floor levels, Maximize solar access to the alley side amenity space, Enhance the attractiveness and use of the rear alley, Minimize the adverse impacts of adjacent service and parking areas. 1.13 A second floor amenity space should meet all of the following criteria: • Ensure consistent public access, Be dedicated for public use, Provide a public overlook and/or an interpretive marker, Be identified by a marker at street level 1.14 Second level space should be oriented to maximize solar access and views to the mountains or other landmarks. 1.15 Second level space should provide public access by way of a visible and attractive public stair or elevator from a public street, alley, or street level amenity space. 1.16 Second level dining may be considered. Staff finds the following Guideline is not met 1.9 Street facing amenity space shall contain features to promote and enhance its use. These may include one or more of the following: Street furniture, Public art, Historical/interpretive marker Building Placement Staff Finding: The proposal reuses the existing two-story building and adds.a third floor. The proposal maintains the main footprint of the existing building, The existing building is oriented toward the street. Exhibit B—Commercial Design Review—Commercial Design Guidelines, Commercial Character Area Page 4 of 7 P18 Staff finds that a number of the design guidelines are not applicable because of the re-use of the existing building. However, staff believes the development meets the intent of the design guidelines in terms of building placement and setbacks. Staff finds the following Guidelines are met 1.18 - Maintain the alignment of facades at the sidewalk's edge. 1.20 Building facades shall be parallel to the facing street(s) and primary entrances shall be oriented toward the street. Staff finds the following Guidelines are not applicable 1.19 A building may be set back from its side lot lines in accordance with design guidelines identified in Street & Alleyway System and Public Amenity Space guidelines. 1.21 Orient a new building to be parallel to its lot lines, similar to that of traditional building orientations. Building Height, Mass & Scale Staff Finding: There are a range of heights in the Commercial Character area. This building is proposed to be three stories. The third floor is proposed to be significantly setback from the street, helping to minimize the perceived mass of the third floor. The entire third story is setback approximately 27 feet from the front property line. The building height is approximately 40 feet at its highest point along Hyman. The underlying zone district permits 36 feet for a third story element which may be increased to 40 feet through Commercial Design Review. The design guidelines call for maintaining a minimum of 9 foot ceiling heights on all upper floors, and having a larger first floor. The current building has floor to floor heights of 12 feet on the first floor and 11 feet on the second floor. Because the applicant is maintaining the existing building, these are not proposed to change. The proposed third floor has finished floor to top of parapet heights from 14 to 17 feet. Staff is concerned that the third story floor heights, which require the granting of additional height through Commercial Design Review, result in a third story that appears out of proportion with the existing building. Staff does not find that the standards for granting additional height are met and recommends that the building be no taller than 36 feet. Staff does not find this portion of the guidelines met. Exhibit B—Commercial Design Review—Commercial Design Guidelines, Commercial Character Area Page 5 of 7 v P19 Staff finds the following Guidelines are met 1.22-Building faVade height shall be varied from the faVade height of adjacent buildings of the same number of stories by a minimum of 2 feet. 1.23 A new building or addition should reflect the range and variation in building height of the Commercial Area. • A minimum 9 ft floor to ceiling height is to be maintained on second stories and higher. 1.24 Height variation should be achieved using one or more of the following: • Vary the building height in accordance with traditional lot width, Set back the upper floor to vary the building fagade profile(s) and the roof forms across the width and the depth of the building, Vary the fayade (or parapet) heights at the front, Step down the rear of the building towards the alley, in conjunction with other design standards and guidelines. Staff finds the following Guidelines are not applicable 1.25 On sites comprising more than two traditional lot widths, the facade height shall be varied to reflect traditional lot width. 1.26 Buildings on sites comprising more than two traditional lot widths shall achieve a minimum of two of the following: • Variation in height of building modules across the site, Variation in massing achieved through upper floor setbacks, the roofscape form and variation in upper floor heights, Variation in building facade heights or cornice line 1.27 A new building should step down in scale to respect the height, form and scale of a historic building within its immediate setting. 1.28 New development adjacent to a single story historic building that was originally constructed for residential use shall not exceed 28 ft. in height within 30 ft. of the side property line adjacent to the historic structure within the same block face. Staff finds the following Guidelines are not met 1.23 A new building or addition should reflect the range and variation in building height of the Commercial Area. • Additional height may be added for the following reasons: In order to achieve at least a two foot variation in height with an adjacent building,the primary function of the building is civic, some portion of the is affected by a height restriction- where relief may be appropriate, to benefit affordable housing livability,to make a demonstrable contribution to the building's energy efficiency. Exhibit B—Commercial Design Review—Commercial Design Guidelines, Commercial Character Area Page 6 of 7 P20 Exhibit C 26.710.150. Commercial (C-1) Zone District A. Purpose. The purpose of the Commercial (C-1) Zone District is to provide for the establishment of mixed-use buildings with -commercial uses on the ground floor and opportunities for affordable and free-market residential density. A transition between the commercial core and surrounding residential neighborhoods has been implemented through a slight reduction in allowable floor area as compared to the commercial core, the ability to occupy the ground floor with offices, and a separate chapter in the commercial design guidelines. B. Permitted uses. The following uses are permitted as of right in the Commercial (C-1) Zone District: 1. Uses allowed on upper floors: Lodging, affordable multi-family housing, free-market multi-family housing and home occupations. 2. Uses allowed on all building levels: Retail and restaurant uses, neighborhood commercial uses, service uses, office uses, arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center, bed and breakfast, accessory uses and structures, uses and building elements necessary and incidental to uses on other floors, including parking accessory to a permitted use, storage accessory to a permitted use, farmers' market, provided that a vending agreement is obtained pursuant to Section 15.04.350(b). Parking shall not be allowed as the sole use of the ground floor. C. Conditional uses. The following uses are permitted as conditional uses in the Commercial (C-1) Zone District, subject to the standards and procedures established in Chapter 26.425: 1. Lodging, affordable multi-family housing, free-market multi-family housing or home occupations on the ground floor. 2. Commercial parking facility, pursuant to Section 26.515. 3. For historic landmark properties: Detached residential dwelling, two (2) detached residential dwellings and duplex dwelling. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Commercial (C-1) Zone District: 1. Minimum Gross Lot Area(square feet) a. Detached residential dwelling, two (2) detached residential dwellings, duplex dwelling and bed and breakfast: 3,000. b. All other uses: No requirement. 2. Minimum Net Lot Area per dwelling unit(square feet): a. Detached residential dwelling, two (2) detached residential dwellings, duplex dwelling and bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 3. Minimum lot width (feet) Exhibit C—C-1 Zone District Page 1 of 3 v P21 a. Detached residential dwelling, two . (2) detached residential dwellings, duplex dwelling and bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 4. Minimum front yard setback(feet): a. Detached residential dwelling, two (2) detached residential dwellings, duplex dwelling and bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 5. Minimum side yard setback (feet): a. Detached residential dwelling, two (2) detached residential dwellings, duplex dwelling and bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 6. Minimum rear yard setback (feet): a. Detached residential dwelling, two (2) detached residential dwellings, duplex dwelling and bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 7. Minimum utility/trash/recycle area: Pursuant to Section 26.575.060. 8. Maximum height: a. Detached residential dwelling, two (2) detached residential dwellings, duplex dwelling and bed and breakfast: Same as R-6 Zone District. b. All other uses: twenty-eight (28) feet for two-story elements of a building. Thirty-six (36) feet for three-story elements of a building, which may be increased to forty (40) feet through commercial design review. See Chapter 26.412. 9. Minimum distance between buildings on the lot(feet): a. Detached residential dwelling, two (2) detached residential dwellings, duplex dwelling and bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 10. Public amenity space: Pursuant to Section 26.575.030. 11. Floor area ratio (FAR): The following FAR schedule applies to uses cumulatively up to a total maximum FAR of 2.5:1. Achieving the maximum floor area ratio is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the maximum FAR is not an entitlement and is not achievable in all situations. a. Commercial uses: 1.5:1. b. Arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center and similar uses: 2.5:1. c. Affordable multi-family housing: No limitation. Exhibit C—C-1 Zone District Page 2 of 3 P22 d. Lodging: .5:1, which may be increased to 1.5:1 if the individual lodge units on the parcel average five hundred (500) net livable square feet or less, which may be comprised of lock-off units. e. Free-market multi-family housing: .5:1, which may be increased to .75:1 if affordable housing equal to one hundred percent (100%) of the free-market residential floor area is developed on the same parcel. f. Detached residential dwellings, duplex dwellings and bed and breakfast (as the sole use of parcel and not cumulative with other uses): Eighty percent (80%) of allowable floor area of a same-sized lot located in the R-6 Zone District. (See R-6 Zone District.) Extinguishment of historic TDRs shall not permit additional FAR for single-family or duplex development. 12.Maximum multi-family residential dwelling unit size square feet 2,000 square feet of net livable area. a. The property owner may increase individual multi-family unit size by extinguishing historic transferable development right certificates ("certificate" or "certificates"), subject to the following: 1. The transfer ratio is five hundred (500) square feet of net livable area for each certificate that is purchased. 2. The additional square footage accrued may be applied to multiple units. However, the maximum individual unit size attainable by transferring development rights is two thousand five hundred (2,500) square feet of net livable area (i.e., no more than five hundred [500] additional square feet may be applied per unit). 3. This incentive applies only to individual unit size. Transferring development rights does not allow an increase in the FAR of the lot: Commentary: Refer to Chapter 26535 for the procedures for extinguishing certificates. 13. Maximum lodge unit size (square feet): 1,500. When units are comprised of lock-off units, this maximum shall apply to the largest possible combination of units. 14. Commercial/residential ratio: The total lodging and free-market residential net livable area shall be no greater than the total above-grade floor area associated with the uses described in Subparagraphs 26.710.150.D.1 La. and b. combined on the same parcel. (Ord. No. 56-2000, §§7 [part], 12, 15; Ord. No. 25-2001, §5 [part]; Ord. No. 1-2002, §20; Ord. No. 28b-2004, §1; Ord. No. 12-2006, §11; Ord. No. 11, 2007, §2; Ord. No. 27-2010, §4) Exhibit C—C-1 Zone District Page 3 of 3 i HAAS LAND PLANNING$ � 201 N. MILL STREET, SUITE 108-ASPEN, CO 81611 -(970) 925-7819-MITCH@HLPASPEN.COM Aspen Planning and Aspen Community To: Zoning Commission Thru: Development Department Date: May 1, 2012 (P&Z) Subject: 616 East Hyman Avenue Conceptual Commercial Design Review Section 1: Introduction: Please consider this letter, its exhibits and the accompanying plan sets to constitute a formal request for Conceptual Commercial Design Review approval for a remodel and addition to the building located at 616 East Hyman Avenue, Aspen. The property is legally described as Lots N & O, Block 99, City and Townsite of Aspen (Parcel Identification Number 2737-182- 12-005). It is a 6,000 square foot lot in the Commercial (C-1) Zone District. The Vicinity Map below indicates the property's general location relative to the surrounding area. MAVQIIEST. f,. WO ft Grande v FWd I �dainst j 7 _ ySt Zt� 'Aspen' _0 'j `� o PaeFrJu, ( U�i� a, r heron krrBSt Q° �. PA 7 ♦ , J nit -Jr ® �fi� �t ,f� V } j! Gbry atersA a `� ter`•l PW* r to t� '�'� ,:lei � - � ��•�r - W �- �� 012010 NzpQuut Poruont:i2010 NAVTE41 Vicinity Map-616 East Hyman Avenue,Aspen The applicant intends to complete a remodel that will extend the second level to the property line on the alley side of the building (cantilevered over the existing parking area) with 616 E.Hyman Commercial Design Review Application Page 1 affordable housing and additional commercial space, enclose the existing second floor south- facing deck to create additional commercial space, and construct a third floor addition that will contain one free-market residential unit. Common areas and circulation routes inside the building will also be remodeled as necessary to provide efficiency and compliance with applicable building codes. This application is seeking Conceptual Commercial Design Review (CCDR) approval from the Aspen Planning and Zoning Commission (P&Z) pursuant to Section 26.412.030 of the Aspen Land Use Code (the Code). Although the applicant will be seeking Growth Management Allotments (one free-market residence and additional commercial net leasable space) and Subdivision approval for this development, an application for Conceptual Design Review cannot be consolidated with the growth management review. Section 26.470.110.A(6) of the Code specifically states that, "Commercial, Lodging and mixed-use projects shall obtain Conceptual Commercial Design Review approval, pursuant to Section 26.412, prior to submitting an application for growth management allotment. Conceptual Commercial Design Review applications may not be combined with Growth Management Review." Subsequent to receiving CCDR approval, the applicant will submit another application addressing all associated Growth Management and Subdivision review standards applicable to the development. Per the Code, the Growth Management Allotment application will need to be submitted on either August 15th or February 15th, the only days that Major P&Z Growth Management applications are accepted by the City. At that time, the applicant will address the review standards contained in the General Requirements of Code Section 26.470.050, as well as the affordable housing criteria of Section 26.470.070.4 and the Community Objective Scoring Criteria of Section 26.470.120. Finally, impact fees that are triggered by the new net livable residential space and new not leasable commercial space, as well as cash-in-lieu for school land dedication will all be further discussed in the growth management/subdivision application for calculation and payment at the time of building permit issuance, pursuant to Code Sections 26.610 and 26.620. This CCDR application is divided into five sections. This section provides a brief introduction to the application, while Section II describes the existing conditions of the project site and environs. Section III outlines the applicant's proposed development, and Section IV addresses the proposed development's compliance with the applicable review criteria of the Code. A short closing summary is provided in Section V. For the reviewer's convenience, all pertinent supporting documents are provided in the various exhibits to the application,which include: • Exhibit 1: Land Use Application and Dimensional Requirements Forms; • Exhibit 2: Proof of the Applicant's Ownership; • Exhibit 3: Pre-Application Conference Summary prepared by Amy Guthrie; • Exhibit 4: Authorization for Haas Land Planning, LLC (HLP), Poss Architecture and Planning(Poss), and Schlumberger Construction (SC) to represent the applicant; • Exhibit 5: Dimensional Requirements of the Commercial (C-1) Zone District; 616 E.Hyman Commercial Design Review Application Page 2 • Exhibit 6: Area Calculations, Measurements and AH Mitigation Requirements • Exhibit 7: An executed application fee agreement; and, • Exhibit 8: Mailing addresses of record for all property owners located within three- hundred feet of the subject property. In addition, architectural plans for the existing and proposed conditions have been prepared by Poss Architecture and Planning and accompany this application. While the applicant has attempted to address all relevant provisions of the Code, and to provide sufficient information to enable a thorough evaluation of the application, questions may arise which require further information and/or clarification. Upon request, the applicant's representative will provide such additional information as may be required in the course of the review. Section II: Existing Conditions The building at 616 East Hyman Avenue is a 2-story, commercial building on a 6,000 square foot lot, situated on the north side of East Hyman Avenue between Hunter and Spring Streets. The subject property is legally described as Lots N and O, Block 99, City and Townsite of Aspen, and it is owned by Furngulf,Ltd, a Colorado Joint Venture (the applicant). The existing structure was built in 1969 (per County Assessor's records) and features moss stone on the first level in three sections that are split by glass and awnings. This tall, one-story part of the building that is at the property line abutting the sidewalk features a deck above, and the moss stone rises to a height allowing it to serve as the deck railings. Also on the street level at the southwest corner of the property is a landscaped garden and walkway (the existing public amenity space of approximately 22.2'D x 19.4W, or 430.68 square feet) that leads to the main entrance of the building, which is setback approximately 22.2 feet from the property line. This setback part of the building also features large glass windows. The second level of the building is skinned in 1970's style stucco and dark, heavy wood and is setback entirely behind the pedestrian amenity space. The roof is flat and defined by a thick soffit line behind which a synthetic shingle roof slopes up to another, slightly higher (approximately 4 feet) flat roof. Three "bubble" skylights and what appears to be a chimney project from the upper roof and are visible from the street. Concrete wing walls project above the roof on both sides of the building. On the alley side of the building there are six numbered parking spaces; however, only four can be considered legitimate parking because one contains a trash dumpster while another blocks the back entrance to the building. There are also utility meters, and wires scattered throughout the back side of the building giving this area an unfinished and utilitarian appearance. 616 E.Hyman Commercial Design Review Application Page 3 Upon entering the front of the building, there are stairs and decking wrapped around the perimeter of an atrium to provide access to the basement level and second floor. The basement level is comprised of two commercial spaces currently occupied by Main Street Reprographics and Aspen Sports Medicine, as well common circulation areas and a shared bathroom. The street level contains commercial spaces that are all currently vacant. The second floor contains the offices of Gulfco Ltd and a large deck on the street that will be enclosed. The current commercial net leasable space is 9,046sf, of which 3,331sf are on the basement level, 3,261sf are on the main level, and 2,454sf are on the second level. The total commercial Floor Area is approximately 7,396sf (1.233:1), while current codes establish an allowable commercial floor area limit of 9,OOOsf (1.5:1). There is currently no free-market residential or affordable housing on the property. See also Exhibits 5 and 6 hereto. The accompanying plan sets include existing conditions floor plans, and existing conditions calculations and measurements are supplied in Exhibit 6 hereto. Section III: Project Descriptionahe Proposal The proposal maintains the footprint of the existing building, while remodeling the building such that the second level will extend to the property line on the alley side (above the existing parking area), adding an affordable housing unit (likely a 2-bedroom unit containing 937sf of net livable area, a private deck, and housing for 2.25 full-time employees (FTE)) and additional commercial space to this part of the building. Commercial space will also be extended out over the existing south-facing deck on the second floor. Finally, a third floor addition that is more or less centered on the building will contain one free-market residential unit with 2,405 square feet of net livable area (of which 51sf are on the second floor). One transferable development right (TDR) from a historic property will be utilized to enable the increase from 2,OOOsf to 2,405sf of net livable area while the overall free-market residential floor area will remain within the 0.5:1 (3,OOOsf) limit. The overall height of the building is proposed for forty (40) feet, which the Planning and Zoning Commission may approve as part of the Commercial Design Review. The 8,369sf of above grade commercial floor area greatly exceeds the free market residential net livable square footage. Please refer to the submitted plan sets for details and renderings of the proposed designs. Please also refer to Exhibit 5 for details about consistency with the C-1 Zone District requirements and Exhibit 6 for demonstration of consistency with the City rules for calculations, measurements and affordable housing mitigation requirements. 616 E.Hyman Commercial Design Review Application Page 4 9162 LEGEND AND NOTES •�T O SURVEY MONUMENT AS DESCRIBED UTILITY BOX, FOUND UTILITIES IN R.0 W. A SURVEY CONTROL FENCE x]916.5 FRUIT TREE . LIGHT POST THIS PROP.E RTY IS SITUATED IN.ZONE'%' (AREAS DETER MINEp TO BE DUTSI DE 500-YEAR FLOOD PLAIN) AS SHOWN ON FLOOD INSURANCE RATE MAP PREPARED BY F.E.M.A.. FOR . PIT KIN COUNTY COLORA00, COMMUNITY-P A.NEL NUMBER OB09i CO209 C, EFFECTIVE '2'l.6 5 - DATE JUNE 4, ;98J .--IO' THIS,PROPERTY LIES ENT)RELY'I NSiD=OF THE CITY OF 5PEN M,UO_FLOW H.AIN' AREA AS DEFINED BY,THE CITY OF ASPEN MASTER DRAINAGE PLAN, PRO JE_T NUMBER'1963, FIGURE ES-I5. 0 10 20 MANHOLE WATER I5 IN H—N AVENUE `! ALL OTHER'JTI LI TIES IN ALLEY L.L it TITLE INFORMATION FURNISHED By: p� 4 PITKIN COUNTY TITLE, INC. _ 12, `a+4�1 - CASE NO.: PCT22283P2 P,- DATED: APRIL 20, <012 -�- :>�".A.S%�255njR!iER ✓ rL, ,y ELEVATIONS BASED 0!i ASPEN GPS MONUMENT N0. 5 ELEV-7910.798 11929 NVGD) 'n.U!LDI I` `�- ` BEARINGS BASED ON THE SOUTHEAST CORNER OF BLOCK 94 (91841 AND 791]8—�`- �'��- THE SOVTHE AST CORNER OF BLOCK 99 19164) 1N75.09'11'W) `CA ZONING:CI COMMERCIAL BU ILD!NO 04 PROPERT.._-__' `x.'09 i,I NE A 6, f 12701 2]OT VICINITY MAP 3 P6 �'�—__ ~ ���� `-RV--DING GAP BE T'WEEN , ti� �rHD Mari St i;: ��5 T 9LD.•„, fio p i,G P I D - PA, vy a s I, �� ,AP SE'NEEN BUILDING 0 7 CITY OF ASPEN ( ASEI 'D3 GPS MONUMENT / NO !9065A NO. S < vrr (`G VIi. PLANE / N0. \ 7915 92 NO;,F \` /1 IP PLA,.Yc is s B(IILDIA'G CERTIFICATION R sj THE UNDERSIGNED STATES THAT THE PROPERTY DESCRIBED HEREON WAS FIELD SURVEYED % d DUPINGA!-'�I- :G]L AND IS ACCURATE BASED ON .HE FIELD.EVIDENCE AS LL t SHOWN AND THAT THERE ARE NO DISCREPANCIES OF RECORD BOUNDARY LINE CONFLICTS, I 'LD:NG - ENCROACHMENTS EASEMENTS OR RIGHTS OF IT IN FICLD EVIDENCE OR KNOWN TO HE SHOWN 7916.9 ANDEDO�UMENTSOF RECORD NODESUPPLNEDU EbLTHEESURVEYOROARE E%CEP TED. THSSVRYEY APPURTENANCES, IS VOID UNLESS WET TAMPED WITH THE SEA-OF THE SURVEYOR BELOW. SURVEY PREC75!ON �•'\ '���, ?"1 I IBS LE55 THh N'J 151000. ' QATED T �7 \ JOHN M NOW9RTH ?-L.5 2594) YELLOW ! N, 24303 `JIEW PLANE (/ YI F'H P!ANE+I 79.9.5 796491 1 lJ l` 4N1 YI�AM..,/7-v-i .?ROOF< / BUiRLDOICNG L S. 9,I 7414 ENC 0.1 S L ]91J.3 ` AWN, NG� >c19.1 LO4r 6� L/ BA, F i oT D�SET ! hM1� 9i b.5 OF CUg1 �.-�` } I��`E 20GaER b�jSK S�� ` 1 / _ fl71 1 ^ PA V�RS 174.80. CITY OF ASPEN R_O.W'I IV GPS MONUMENT NO 2 IMPROVEMENT SURVEY OF, LOTS N AND 0 BLOCK 99 Cl T(AND TOWNSITE OF ASPEN CITY OF ASPEN COUNTY OF PITKIN STATE OF COLORADO CONTAINING 6,002 SO FT •/-. 0.136 ACRES•/- PREPARED BY ASPEN SURVEY ENGINEERS, INC. 210 SOUTH GALENA STREET A ASPEN, COLORADO 8161! , ACT ION 9ASEDRUPON ANYCDEPECT ONATHYSUP'UST tl11H MNSNREE YEApSL PHONE/FAX (9�0) 925-3816 E''TER TOV FIRM 01 ECOYffl SUCH DEFECT. N NO EVENT MAY ANY ACTION ASED UPON ANY DEFECT IN TNII PLAT BE COIYIENCEO MORE THAN TEN CEETgFFCAT ZONE IS IOFIFMNOTEWETFfTAMPEO"IN RN TIER SEAL OFl DATE JOB _WEYOR. 4/12 421 15 i i - - - - - - - ----1 UP j j j j I j UP � I I i I I I I I I I I I 616 E. HYMAN REDEVELOPMENT 616 E.HYMAN AVENUE ASPEN,COLORADO 81611 poss SCHEMATIC DESIGN. PLAN EXISTING BAS s LEVEL O BASEMENT 1 O m ,;y„G 04/30/2012 Al 6D6 EAST MAIN STREET COLORADO 611 0 4 8 16 Ir1910/SR6 N 136111A61E.11RD 3860 I i PLANTER � OPEN TO �� I BELOW DN UP PARKING I ALLEY I I I 616 E. HYMAN REDEVELOPMENT 616 E.HYMAN AVENUE ASPEN,COLORADO 81611 poss SCHEMATIC DESIGN: PLAN-EXISTING LEVEL 1 B O:ol „„„;04/30/2012 605 FN6i MAIN STREET ASPEN. COLORADO 81811 0 4 16 AZ IT)870/925 4755(f)S101920 2050 �. b To 8Mow i i PATIO I I ( I I ------------- ----- --- ------------- ----------- ------- - I I 616 E. HYMAN REDEVELOPMENT 616 E.HYMAN AVENUE ASPEN,COLORADO 81611 poss : O SCHEMATIC DESIGN: PLAN EXISTING LEVEL 2M� A3 ��� 02012 :„04/30/2012 605 FPSi MNIN STRFFi 451 X, 111 0 1410 1I611 0 4 8 16 1T)910/925 41551 FI BB II 2(1 2950 i NOTE:ALL EXISTING ON-SITE VEGETATION IS TO REMAIN i NOTE:ADJACENT SIDEWALKS AND ASSOCIATED LANDSCAPE IMPROVEMENTS WILL BE MAINTAINED AND/ OR REPLACED TO THE EXTENT AND IN THE MANNER 22'-2 1/4" REQUIRED BY THE PARKS AND ENGINEERING DEPTS. PROPOSED \ I o PARKING EXISTING A , \� (HC) PLANTER \ V A (PUBLIC AMENITY SPACE) , V , , PROPOSED PLANTER - ( I I' RAMP t SLOPE:1 TO 12 A �o Lu Z Lu I . \� \ PROPOSED J z �� � SERVICElA RD ' J � 19' 2 3/8" PROPOSED " I m \ V PARKING Ep PARKING of PROPOSED I ' PARKING I � LINE OF PROPOSED BUILDING EX TE NTION ABOVE L 1001-01, 20'-0" PROPERTY LINE 7� PROPERTY LINE 616 E. HYMAN REDE ,ELOPMENT 616 E.HYMAN AVENUE ASPEN,COLORADO 81611 pons SCHEMATIC DESIGN: SITEPLAN O:o1z 805 EAST MAIN STREET ASPEN COLORADO 81611 O 0 4 8 16 P... „ER„P.„„X;.04/30/2012 A4 (7)910/925 6755(f)X10/920 295 0 i PROPOSED:NEW WALLS (SHOWN IN GRAY) , PROPOSED:NEW ELEVATOR W/PRIVATE KEY CODE ACCESS TO PENTHOUSE ' I i___-_-_-_-_-___ _-_-_ UP F I I I I I I I I I EXISTING ATRIUM EXISTING ' (OPEN TO ABOVE) I ® COMMERCIAL I I I I I I I I PROPOSED:NEW CORRIDOR/ I SECOND MEANS OF EC-RESS , I I UP I EXISTING RESTROOM (PROPOSED EXPANSION( , EX STING I I ® COMIMERCIAL ® ® EXISTING MECHANICAL I I I I _-___ -- i 616 E. HYMAN REDEVELOPMENT 616 E.HYMAN AVENUE ASPEN,COLORADO 81611 poss SCHEMATIC DESIGN: PLAN-PROPOSED BASEMENT LEVEL A5 0 4 8 16 A.. FAST MAIN STREET AS PEN, COLORADO 81611 I T 19 7,I A R S 6 1 5 5 1 11 0 1./0 2.R R 5 0 PROPOSED:NEW WALLS (SHOWN IN GRAY) PROPOSED:NEW ELEVATOR W/PRIVATE KEY CODE ACCESS TO PENTHOUSE PROPOSED:NEW CORRIDOR/ SECOND MEANS OF EGRESS UP �DN PROPOSED 0 PARKING (HC) v i EXISTING PLANTER .EXISTING,'/ ATRIUM PROPOSED i (PUB SPACE)AMENITY oAND BO DOVE C OVE r t , . PROPOSED PLANTER, ®I I I I I I I II - DN UP ' I I II PROPOSED SERVICE _ YARD ALLEY PROPOSED RESTROOM I I I I I PROPOSED I ;p PARKING ao PROPOSED COMMERCIAL I ------------------- I PROPOSED - PARKING N �° oo I I I I I III PROPOSED PARKING 0 PROPOSED:NEW WINDOW I ®I I 616 E. HYMAN REDEVELOPMENT bl b E.HYMAN AVENUE ASPEN,COLORADO 81611 I poss O SCHEMATIC DESIGN: PLAN-PROPOSED LEVEL �/ 0 4 8 6 02012 .„„,04/30/2012 O fi05 fBSi M N SiR[Fi SRfM L919 RB 00 Bl fill Il)9]0/92i3 <]SS ffIBO]L/920 2850 I i I PROPOSED:NEW ELEVATOR W/PRIVATE KEY CODE ACCESS TO PENTHOUSE PROPOSED:NEW WALLS PROPOSED:ENTRY VESTIBULE PROPOSED:NEW CORRIDOR/ )SHOWN IN GRAYS &STAIR TO PENTHOUSE SECOND MEANS OF EGRESS PROPOSED DECK I EXISTING ATRIUM (OPEN TO BELOW) UP PROPOSED A.H.U. PROPOSED ADA RESTROOM I ALLEY ® ® PROPOSED COMMERCIAL I I I I 616 E. HYMAN REDEVELOPMENT 616 E.HYMAN AVENUE ASPEN,COLORADO 61611 poss SCHEMATIC DESIGN: PLAN-PROPOSED LEVEL 2 „ ,;04/30/2012 0 B 6 605 FAST MAIN 5 REFI XSFF COLORADO 61611 4 (T167 0/635 4)551 F)6]0/630 2 850 i I I I I i PROPOSED:NEW ELEVATOR W/PRIVATE KEY CODE ACCESS TO PENTHOUSE PROPOSED I MECHANICAL I I � I I I I i ROOF I I I I I I ® I I I I II I I I I I I ® I PROPOSED RESIDENTIAL I I I I I I PROPOSED DECK I I I I I PROPOSED DECK I I I PROPOSED:SCREEN CANOPY ABOVE (SUPPORT COLUMNS SHOWN)- ROOF/ PLANTER I - - - - - - - - - - - - - - - - PROPOSED:SCREEN CANOPY ABOVE SUPPORT COLUMNS SHOWN) I i 616 E. HYMAN REDEVELOPMENT 616 E.HYMAN AVENUE ASPEN,COLORADO 81611 puss r SCHEMATIC DESIGN: PLAN-PROPOSEDLEVEL38 i I� O^m ,„'».04/30/2012 4 B 605 FALi PIN STREET ALPFX, COFDRA00 81611 0 16 (T)R7.1-1 4155(11-1RE13 2X50 ELEVATOR OVERUN SCREEN CANOPY CHIMNEY T.O. PARAPET J, Fk,� PARAPET _ _ 140' 0' -6' PAINTED STEEL COLUMN STONE VENEER BUILDING OUTLINE GLASS GUARDRAIL FOR NEIGHBORING BUILDING I F.F. LEVEL 3 J, 123'-0 �- METAL PANEL F.F. LEVEL 2 -;, i --- ----- 112'-OR ALUMINUM STOREFRONT SYSTEM IL F.F. LEVEL 1 100'-0' 616 E. HYMAN REDEVELOPMENT 616 E.HYMAN AVENUE ASPEN.COLORADO 81611 POSS ARCH ITEM utt t PLANNING SCHEMATIC DESIGN: ELEVATION-SOUTH w A 0 4 8 16 O o� "..,.04/30/2012 H 7 ao9 usr eeu 9reter eoEO, coweeoe earl - -- (r7eio)9"e 4753(1)9)0/9]0 3960 CHIMNEY BEYOND SCREEN CANOPY -- ELEVATOR OVERUN BEYOND 4.0. PARAPET _ _ 139'-0' T.O. PARAPET 13T-0' PAINTED STEEL COLUMN -- STONE VENEER GLASS GUARDRAIL METAL PANEL i F.F. LEVEL 3 J BUILDING OUTLINE i 123'-ON o FOR NEIGHBORING a BUILDING P. v F.F. LEVEL 2 ---- j— — 112'-0, COLORED CMU o PAINTED STEEL COLUMN F.F. LEVEL 1 100'-0' 616 E. HYMAN REDEVELOPMENT 616 E.HYMAN AVENUE ASPEN,COLORADO 81611 ARCHITECTURE + PLANNING �� SCHEMATIC DESIGN: ELEVATION-NORTH r POSS 0 a 8 16 Qn12 X04,30,2012 O 6D5 EeLI MAIN e1eEE! ASPEN. COLORADO eie)t t T)e1 NIe 2 e 4 l 3 e(i)et a/e 2 0 2 o ID ELEVATOR OVERUN STONE VENEER PAINTED STEEL COLUMN LINE OF PROPOSED DEVELOPEMENT HIDDEN FROM VIEW T.O. PARAPET� 140'-0' T _. _. GLASS GUARDRAIL METAL PANEL 1 — T.O. PARAPET J, _ — F.F. LEVEL 4+ 123'- F.F. LEVEL 112'112'-0' - BUILDING OUTLINE FOR NEIGHBORING BUILDING ALUMINUM STOREFRONT SYSTEM ALLEY EAST HYMAN AVE. F.F. LEVEL 1 616 E. HYMAN REDEVELOPMENT 616 E.HYMAN AVENUE ASPEN,COLORADO 81611 POSS ARCHITECTURE + PLANNING 1n SCHEMATIC DESIGN: ELEVATION-WEST M� /�/p12 ®zotz 103 [..T ■AIR.TRFFT r♦.RR C.,.z....O R 1 1.11 o e 16 1,01 T.. non zR .. t ,h I i HUNTER STREET -- - -- SPRING STREET ....... 616 E.HYMAN AVE. 600 BLOCK 616 E. HYMAN REDEVELOPMENT 616 E.HYMAN AVENUE ASPEN,COLORADO 81611 POSS ARCHITECTURE + PLANNING SCHEMATIC DESIGN: ELEVATION-HYMANAVE 0 u W 60 COMPOSITE 02012�-=, -_.04/W/2012 A 1 3 605 EAST MRIR STREET RSEER, CCICRASC SIS1i .. ---- (T)a 0 n 2 R 4 75E EEl 0 S 01.2 C.I I. I . . . Stone Veneer materials example Aluminum Storefront System 404 A� . i 'f —, 1 x 1. dY 4 Metal panel and metal elements example Metal canopy awninq example Glass Railinq system example 616 E. H'YMAN REDEVELOPMENT 616 E.HYMAN AVENUE ASPEN,COLORADO 81611 POSS S C H E M A T I C D E S I G N: EXT.BUILDING MATERIALS ' ARCHITECTURE + PLANNING &�� ®2012, 3 X04/30/2012 fl_`4 $03 EAST MAUI 2r$EEr A$F1IL c$i$$2$2 $1611 1112101$23 2)32111230/222 2$30 Section IV: Review Requirements In light of the foregoing, this application is submitted pursuant to the following sections of the Code: 26.304, Common Development Review Procedures; 26.412, Commercial Design Review; 26.430, Special Review; 26.575.060 Utility/Trash/Recycle Service Areas; and 26.710.150, Commercial (C-1) Zone District. The applicable provisions are addressed below. Conceptual Commercial Design Review Approval Section 26.412.050 of the Code provides the review criteria for Commercial Design Review. These requirements are provided below in italics and each is followed by a response demonstrating compliance and/or consistency therewith, as applicable. In addition to the responses provided below, please refer to the accompanying plan sets; as allowed by the Code, a 3-D model of the proposal in the context of the surrounding area will be provided at least one week prior to the first scheduled hearing date before the P&Z. A. The proposed development meets the requirements of Section 26.412.060, Commercial design standards, or any deviation from the standards provides a more appealing pattern of development considering the context in which the development is proposed and the purpose of the particular standard. Unique site constraints can justify a deviation from the standards. Compliance with Section 26.412.070, Suggested design elements, is not required but may be used to justify a deviation from the standards. Compliance with the requirements of Section 26.412.060 will be addressed below. B. For proposed development converting an existing structure to commercial use, the proposed development meets the requirements of Section 26.412.060, Commercial design standards, to the greatest extent practical. Changes to the facade of the building may be required to comply with this Section. The proposed development will not be converting an existing structure to commercial use. The building is already used for commercial purposes and will become a mixed-use building with the addition of free-market and affordable residential uses (one unit of each). C. The application shall comply with the guidelines within the Commercial, Lodging and Historic District Design Objectives and Guidelines as determined by the appropriate Commission. The guidelines set forth design review criteria, standards and guidelines that are to be used in making determinations of appropriateness. The City shall determine when a proposal is in compliance with the criteria, standards and guidelines. Although these criteria, standards and guidelines are relatively comprehensive, there may be circumstances where alternative ways of meeting the intent of the policy objectives might 616 E.Hyman Commercial Design Review Application Page 5 be identified. In such a case, the City must determine that the intent of the guideline is still met, albeit through alternative means. (Ord. No. 13, 2007, §1) Compliance with the Commercial, Lodging and Historic District Design Objectives and Guidelines (the "Guidelines") is addressed below. Section 26.412.060 of the Code provides that the following design standards shall apply to commercial, lodging and mixed-use development: A. Public amenity space. Creative, well-designed public places and settings contribute to an attractive, exciting and vital downtown retail district and a pleasant pedestrian shopping and entertainment atmosphere. Public amenity can take the form of physical or operational improvements to public rights-of-way or private property within commercial areas. On parcels required to provide public amenity, pursuant to Section 26.575.030, Public amenity, the following standards shall apply to the provision of such amenity. Acceptance of the method or combination of methods of providing the public amenity shall be at the option of the Planning and Zoning Commission or the Historic Preservation Commission, as applicable, according to the procedures herein and according to the following standards: 1. The dimensions of any proposed on-site public amenity sufficiently allow for a variety of uses and activities to occur, considering any expected tenant and future potential tenants and uses. 2. The public amenity contributes to an active street vitality. To accomplish this characteristic, public seating, outdoor restaurant seating or similar active uses, shade trees, solar access, view orientation and simple at-grade relationships with adjacent rights-of-way are encouraged. 3. The public amenity and the design and operating characteristics of adjacent structures, rights-of-way and uses contribute to an inviting pedestrian environment. 4. The proposed amenity does not duplicate existing pedestrian space created by malls, sidewalks or adjacent property, or such duplication does not detract from the pedestrian environment. 5. Any variation to the design and operational standards for public amenity, Subsection 26.575.030.F., promotes the purpose of the public amenity requirements. There is currently an area measuring 19.4W x 22.2D, or 430.68 square feet, that provides qualifying public amenity space on the subject property. This 7.2% of the 6,000sf lot area supplies public amenity space in the form of a walkway and a landscaped garden at the southwest corner of the property. The proposed addition/remodel will in no way decrease this space, however, there is no practical opportunity to increase this space or provide additional public amenity space while maintaining the existing footprint of the building. The development proposed in this application involves only a remodel/addition, not a redevelopment of the property. Therefore, no additional public amenity space should be required. That said, if and to the extent the City finds that at least 10% public amenity space 616 E.Hyman Commercial Design Review Application Page 6 (600sf) is required, the applicant will pay $12,699.00 ($75 per square foot) of cash-in-lieu for the 169.32sf deficit (600sf minus 430.68sf). A separate landscape plan has not been provided herewith because, as noted on the proposed Site Plan, "All existing on-site vegetation is to remain" and "adjacent sidewalks and associated landscape improvements will be maintained and/or replaced to the extent and in the manner required by the Parks and Engineering Departments." Aside from the existing landscaped area, both the existing structure and its proposed remodel/addition consume the remainder of the site and leave no opportunity for additional landscaping. B. Utility, delivery and trash service provision. When the necessary logistical elements of a commercial building are well designed, the building can better contribute to the overall success of the district. Poor logistics of one (1) building can detract from the quality of surrounding properties. Efficient delivery and trash areas are important to the function of alleyways. The following standards shall apply: 1. A utility, trash and recycle service area shall be accommodated along the alley meeting the minimum standards established by Section 26.575.060, Utility/trash/recycle service areas, unless otherwise established according to said Section. 2. All utility service pedestals shall be located on private property and along the alley. Easements shall allow for service provider access. Encroachments into the alleyway shall be minimized to the extent practical and should only be necessary when existing site conditions, such as an historic resource, dictate such encroachment. All encroachments shall be properly licensed. 3. Delivery service areas shall be incorporated along the alley. Any truck loading facility shall be an integral component of the building. Shared facilities are highly encouraged. 4. Mechanical exhaust, including parking garage ventilation, shall be vented through the roof. The exhaust equipment shall be located as far away from the street as practical. 5. Mechanical ventilation equipment and ducting shall be accommodated internally within the building and/or located on the roof, minimized to the extent practical and recessed behind a parapet wall or other screening device such that it shall not be visible from a public right-of-way at a pedestrian level. New buildings shall reserve adequate space for future ventilation and ducting needs. (Ord. No. 13, 2007, §1) All existing utility service pedestals are located on private property and along the alley frontage of the structure. The alley side of the existing building contains a trash dumpster located in one of the parking spaces (contrary to the requirements of Code Section 26.575.060(A)(3), as well as utility meters and wires scattered haphazardly. As proposed, all utility service pedestals will remain on private property and along the alley. When subdivision review is completed, the required final plat will include necessary easements to accommodate service provider access. The proposal does not include a parking garage and, therefore, does not require any associated mechanical exhaust equipment. Any other types of 616 E.Hyman Commercial Design Review Application Page 7 mechanical ventilation equipment and ducting will be accommodated internally and/or be located on the roof and screened such that it will not be readily visibly from the street or sidewalks at pedestrian level. As shown on the proposed plans, the remodel of this building will include a formal Trash/Utility/Recycle service area that will be located on and accessed from the alleyway. The dimensions of the proposed trash/utility/recycle service area are 17.5'W x 19.2'D with a vertical clearance of 11'. The proposed area does not include the Code required twenty (20) lineal feet of frontage along the alley and, therefore, requires special review approval from the P&Z pursuant to Code Section 26.575.060(B) and in accordance with the procedures set forth at Chapter 26.430 of the Code. Special review approval from the P&Z for a 2.5 foot reduction to the otherwise required width of the utility/trash/recycle service area is accordingly and hereby requested. The P&Z is authorized to reduce the dimensions of the utility/trash/recycle service area if: 1. There is a demonstration that, given the nature of the potential uses of the building and its total square footage, the utility/trash/recycle service area proposed to be provided will be adequate. 2. Access to the utility/trash/recycle service area is adequate. 3. Measures are provided for enclosing trash bins and making them easily movable by trash personnel. 4. When appropriate, provisions for trash compaction are provided by the proposed development and measures are taken to encourage trash compaction by other development in the block. S. The area for public utility placement and maintenance is adequate and safe for the placement of utilities. 6 Adequate provisions are incorporated to ensure the construction of the access area. The proposed utility/trash/recycle service area will be more than adequate to service the commercial/office and residential uses in the building without unnecessarily sacrificing area needed to accommodate off-street parking. The entire alley frontage of the property measures only sixty (60) lineal feet and, given the requirements for parking off the alley, a third (33.3%) of this frontage cannot be wasted on inefficiently laying out the utility/trash/recycle service area in a broad-brush prescribed fashion. The proposal is supplying more than the total area otherwise required by Code Section 26.575.060 but in a different, more efficient configuration that does not eliminate space needed for accommodating off-street parking. That is, said Code Section requires an area measuring 20'W x 10'D, or a total of 200sf for the trash/utility/recycle service area while the proposed area fronts on the alley and measures 175W x 19.2'D, or approximately 336sf. As such, the proposed area is more than 68% greater than actually required by Code. The proposed area includes accessibility area along its entire depth (from the rear egress of the building to the alley). As such, the utility meters/pedestals located closer to the building will be accessible to service providers. Furthermore, the trash facility (an enclosed, bear-resistant 616 E.Hyman Commercial Design Review Application Page 8 dumpster) will be on wheels and will abut the alley making it easily movable by and accessible to trash personnel. If trash compaction can be accommodated and proves necessary, arrangements with the trash collection company will be made to enable such. The Commercial, Lodging and Historic District Design Objectives and Guidelines (the "Commercial Guidelines") set forth design review criteria, standards and guidelines that are to be used in making determinations of appropriateness. The Commercial Guidelines are organized to address the different design contexts that exist in the City. These distinct settings, or contexts, are defined as "Character Areas," within which variations exist among the physical features that define each area. The proposed development is located in the "Commercial Character Area," one block east of the Commercial Core. Per the Commercial Guidelines, all development projects should achieve the following design objectives: • Promote an interconnected circulation system that invites pedestrian use, including a continuous street and alley system and a respect for the natural topography; • Promote a system of public places that support activities, including public amenity spaces, compatible landscaping and paving, and unobtrusive off-street parking; and • Assure that buildings fit together to create a vibrant street edge that reinforces a sense of appropriate scale. The Commercial Character Area largely mirrors the Commercial (C-1) Zone District which forms the immediate fringe of much of the Commercial Core Historic District (CC). Building heights and materials in the C-1 zone vary. Storefront design and display is a less dominant characteristic than in the CC area. The street wall is less defined than in the CC, and building facades are sometimes set back or include front yard space. The purpose of the Commercial (C-1) zone district is stated in Section 26.710.150(A) of the Code as follows: ...to provide for the establishment of mixed-use buildings with commercial uses on the ground floor, opportunities for affordable and free-market residential density. A transition between the CC and surrounding residential neighborhoods has been implemented [emphasis added] through a slight reduction in allowable floor area as compared to the Commercial Core, the ability to occupy the Ground Floor with offices, and a separate Chapter in the Commercial Design Guidelines. Compliance with the C-1 zoning, its dimensional requirements and the Commercial Design Guidelines, therefore, inherently ensures provision/implementation of a successful transition from the CC to the adjacent residential neighborhoods. 616 E.Hyman Commercial Design Review Application Page 9 Following are the adopted key design objectives in the Commercial Character Area: 1. Strengthen the sense of relatedness with the Commercial Core Historic District. Strengthening the definition of the street edge in a manner similar to the Commercial Core is desired. At the same time, the Commercial Area is a place where more variety in design is encouraged. Imitating historic styles is not an objective, but re-establishing a sense of a stronger fundamental framework will enhance the urban qualities of this area and is a priority. 2. Maintain a retail orientation. Greater retail presence at the street edge should be achieved to ensure an enhanced street vitality and an enriched and more urban definition of the commercial street frontage. 3. Promote creative, contemporary design. Designs should seek creative new solutions that convey the community's continuing interest in exploring innovations. At the same time, the fundamental principles of traditional design must be respected. This means that each project should strike a balance in the design variables that are presented in the following pages. 4. Encourage a well-defined street wall. The intent is to more clearly establish a strongly defined street wall, but with some greater variety than in the Commercial Core Historic District since the historic building edge is not as defined. A stronger street fagade definition should be achieved while at the same time recognizing the value ofpublic dining and landscaped space. 5. Reflect the variety in building heights seen traditionally. It is important that a range and variation in building height and scale in the Commercial Area be recognized in future development. Larger buildings should be varied in height and reflect original lot widths. 6. Accommodate outdoor public spaces while establishing a clear definition to the street edge. Providing space in association with individual buildings remains important, but should be balanced with much greater building street presence and corner definition. 7 Promote variety in the street level experience. Display cases, architectural details and landscaping are among the design elements that should be used. While the proposal's compliance with the C-1 Zone District inherently assures its contribution toward a successful transition from the Commercial Core to the adjacent residential neighborhoods, the Design Guidelines stress strengthening the sense of relatedness between the Commercial Character Area and the Commercial Core. The Guidelines provide that this goal of relatedness to the Commercial Core is accomplished through a greater variety in design in the Commercial Character Area. The existing design of the 616 East Hyman building is doing very little to forward this goal. However, the proposal will deliver the architecture and design from the realms of underwhelming and insignificant to clean, contemporary, creative and effective in reinvigorating the desired sense of relatedness to, and transition from, the Commercial Core. The subject block of East Hyman Avenue includes on its north side (from east to west): the recently remodeled, AspenModern designated, three-story, mixed-use Crandall Building; the mixed-use Tamarawood Building (home to L'Hostaria) with an exposed lower level and two 616 E.Hyman Commercial Design Review Application Page 10 stories above grade; the subject property; the mixed-use, proposed-for-AspenModern- designation Ellie Brickam Building (home to Charles Cunniffe Architects) with two-and-a-half existing stories above grade and another proposed; and the two-story offices of Chaffin-Light Real Estate. The south side of this block on East Hyman Avenue includes (from east to west): the approved and soon to be built three-to-four story Aspen Art Museum and mixed-use Muse Building; and the two-story Offices of Garfield & Hecht, for which there is a pending application for three-story, mixed-use redevelopment. Nearly every building on this block is predominantly commercial but includes residential use on its upper floor,which is apropos for this zone of transition from multi-family residential on the east to the Commercial Core on the west. This block resides roughly at the center of both the C-1 Zone District and the Commercial Character Area. Very appropriately, this long under-appreciated block is poised to and fast becoming one of the most exciting, eclectic in contemporary design, mixed-use areas of the City. The heavy mix of professional office space with mixed-in retail and residential uses, plus the strong civic presence of the coming Art Museum truly present the realization of this area's adopted goals relative to both use and design. The proposed remodel and addition for the 616 East Hyman Avenue property is in perfect harmony with the current and expected future character of this block in terms of design variety, building heights, mass and scale, and mix of uses. The Museum, the Muse Building, and now the 616 East Hyman Building will provide exceptional, contemporary design compliments to the Brickam and Crandall Buildings of Aspen's AspenModern era. The proposed remodel/addition further promotes the adopted goals for the Commercial Character Area by avoiding any temptation to imitate historic styles but, instead, it promotes creative, contemporary design. The proposed building design fits seamlessly with and will enhance the current and expected range and variety in building heights, massing and scale found on the block. The proposed remodel and addition to 616 East Hyman Avenue maintains the same footprint as the existing building but will meet the sidewalk edge far more cleanly and with superior visual interest and presence. The result will be a more clearly established a strongly defined street wall but with more variety in its building edge than found in the Commercial Core. The existing landscaped area will be preserved but more cleanly and better framed than is the case today. Together with the improved architectural detailing, storefront type windows, and display cases, the enhanced south-facing landscape area's relatedness with the adjacent sidewalk area will promote variety in the street level experience. These qualities will support enhanced street vitality and the stated priority of enriching and enhancing the urban qualities of the Commercial Character Area. 616 E.Hyman Commercial Design Review Application Page 11 Outlined below is each of the Commercial Character Area's Conceptual Review Design Guidelines in italicized print, followed by a description of the proposal's compliance and/or consistency therewith, as applicable. 1.1 Orient a primary entrance toward the street. •A building should have a clearly defined primary entrance. •Providing secondary public entrances to commercial spaces is also encouraged on larger buildings. The existing building has clearly defined primary entrances that are all oriented toward the street. The proposed remodel will retain the entrances and their orientation to the street. 1.2 Maintain the established town grid in all projects. • The network of streets and alleys should be retained as public circulation space and for maximum public access. •Streets and alleys should not be enclosed or closed to public access, and should remain open to the sky. All streets and alleys will be retained and will continue to provide maximum public access. No streets or alleys will be enclosed or closed to public access. The building footprint is being maintained. Internal Walkways 1.3 Public walkways and through courts should be designed to create access to additional commercial space. • These may be shops that face onto walkways or courtyards. •See also: Public Amenity Space design guidelines. The public walkway that leads to the primary entrance on the property will be retained in the remodel. The interior courtyard design is also maintained and will continue to provide access to additional commercial space. 1.4 Develop an alley facade to create visual interest. • Use varied building setbacks and changes in materials to create interest and reduce perceived scale. •Balconies, courtyards and decks are also appropriate. •Providing secondary public entrances is strongly encouraged along alleys. These should be clearly intended for public use, but subordinate in detail to the primary street-side entrance. The existing structure has no real visual interest whatsoever on the alley side. The proposed remodel/addition will greatly improve the visual interest on the alley fagade and includes varied building setbacks, as well as a combination of materials and a pair of deck spaces. 1.5 The visual impacts of structured parking should be minimized. The access shall be: 616 E.Hyman Commercial Design Review Application Page 12 • Located on an alley when feasible or a secondary street, designed with the same attention to detail and materials as the primary building facade, and integrated into the building design. 1.6 Structured parking should be placed within a 'wrap'of commercial and/or residential uses. The visual impacts of the parking area will be improved as a result of the remodel/addition and will continue to be located on the alley. The parking will continue to be at grade, surface spaces but instead of being completely exposed, it will be tucked beneath the cantilevered upper levels. Public Amenity Space 1.7A street facing amenity space shall meet all of the following requirements: •Abut the public sidewalk •Be level with the sidewalk •Be open to the sky •Be directly accessible to the public •Be paved or otherwise landscaped 1.8 A street facing public amenity space shall remain subordinate to the line of building fronts in the Commercial Area. • Any public amenity space positioned at the street edge shall respect the character of the streetscape and ensure that street corners are well defined, with buildings placed at the sidewalk edge. • Sunken spaces, which are associated with some past developments, adversely affect the street character. Where feasible, these should be replaced with sidewalk level improvements. 1.9 Street facing amenity space shall contain features to promote and enhance its use. These may include one or more of the following: •Street furniture •Public art •Historical/interpretive marker The existing public amenity space (walkway and landscaped garden), will not itself be altered or in any way changed as a result of the proposed project. No other public amenity spaces exist on the subject property. The existing landscaped area will be preserved but be more cleanly and better framed than is the case today. Together with the improved architectural detailing, storefront type windows, and display cases, the enhanced south-facing landscape area's relatedness with the adjacent sidewalk area will promote variety- in the street level experience. These qualities will support enhanced street vitality and the stated priority of enriching and enhancing the urban qualities of the Commercial Character Area. 1.18 Maintain the alignment of facades at the sidewalk's edge. •Place as much of the facade of the building at the property line as possible. •A minimum of 60%of the front facade shall be at the property line. •Locating an entire building front behind the established storefront line is inappropriate. 1.19 A building may be set back from its side lot lines in accordance with design guidelines identified in Street&Alley System and Public Amenity Space guidelines. 616 E.Hyman Commercial Design Review Application Page 13 Since the project proposes only a remodel and addition, as opposed to a redevelopment, the existing alignment of facades will continue unchanged. The footprint of the building is not changing but already meets this standard. That is, the property has 60 feet of street frontage and the existing landscaped area is only 19.4 feet wide; therefore the portion of the front facade at the property line measures 40.6 feet wide, which is 67.67% of the property frontage. 1.20 Building faVades shall be parallel to the facing street(s) and primary entrances shall be oriented toward the street. 1.21 Orient a new building to be parallel to its lot lines, similar to that of traditional building orientations. • The front of a primary structure shall be oriented to the street. The existing building and the proposed remodel's facades are parallel to the street and primary entrances are oriented toward the street. 1.22 Building faVade height shall be varied from the faVade height of adjacent buildings of the same number of stories by a minimum of 2 feet. • If an existing structure is three stories and 38 ft. tall for example, then adjacent new infill may be three stories, but must vary in fagade height by a minimum of 2 ft. 1.23 A new building or addition should reflect the range and variation in building height of the Commercial Area. •Refer to the zone district regulations to determine the maximum height on the subject property. •A minimum 9 ft.floor to ceiling height is to be maintained on second stories and higher. The maximum height in the C-1 zone district is established at 28 feet for two-story elements and 36 feet for three-story elements of a building, which may be increased to 40 feet through Commercial Design Review. This proposal requires Commercial Design Review variation of the height limit to permit a maximum building height of 40 feet. As the composite elevation of East Hyman Avenue included with the proposed plan set illustrates, the proposed design fully satisfies the adopted building height variation and minimum floor to ceiling height objectives spelled out in these guidelines (1.22 and 1.23). The elegant design and massing of the proposed building fits seamlessly with and will enhance the current and expected range and variety in building heights, massing and scale found on the block. 1.24 Height variation should be achieved using one or more of the following: • Vary the building height in accordance with traditional lot width. • Set back the upper floor to vary the building fagade profile(s) and the roof forms across the width and the depth of the building. • Vary the faVade (or parapet) heights at the front. • Step down the rear of the building towards the alley, in conjunction with other design standards and guidelines. While preserving the existing footprint, building form and landscaped area, the remodel/addition successfully provides varied building heights with its setback upper floor areas. The setback upper floor recedes as it steps away from the street in a pattern matching 616 E.Hyman Commercial Design Review Application Page 14 that of the lower floors. Compatibility with the predominant development pattern of the Commercial Character Area is achieved. A vertical orientation appropriate for a commercially oriented building is achieved in the window designs and solid elements that frame them. Metal panels inject horizontal features that unmistakably define the floor levels and give a clearly modern interpretation of cornice lines. The upper floor profile and roof form is varied across the width and depth of the building and its perceived height is effectively reduced by the projecting screen canopies. Similarly, the varied setback of the two story mass from the street, as well as that of the upper floor, gives the effect of varied heights at the front. At the rear of the building, the third floor addition stops well short of the alley, where its roofline steps down first to a screen canopy and then again to a two story mass. 1.25 On sites comprising more than two traditional lot widths, the faVade height shall be varied to reflect traditional lot width. • The fagade height shall be varied to reflect traditional lot width.• Height should be varied every 60 ft. minimum and preferably every 30 ft. of linear frontage in keeping with traditional lot widths and development patterns. • No more than two consecutive 30 ft.fagade modules may be three stories tall, within an individual building. •A rear portion of a third module may rise to three stories, if the front is set back a minimum of 40 feet from the street fagade. (e.g. at a minimum, the front 40 feet may be no more than two stories in height.) The subject property does not comprise more than two traditional lot widths, rending this guideline inapplicable. Nevertheless, the fagade height of the proposed design is varied in accordance with the existing building footprint. Fagade height variation is achieved by means of third floor setbacks and by the vertical panels extending through the second floor cornice form created by the metal banding and up to the top of the second floor roof deck railing. This varies from the metal banding cornice line which caps the two story form on the west side of the front fagade. 1.26 Buildings on sites comprising more than two traditional lot widths shall achieve a minimum of two of the following: • Variation in height of building modules across the site • Variation in massing achieved through upper floor setbacks, the roofscape form and variation in upper floor heights • Variation in building fagade heights or cornice line Since this site is comprised of only two traditional lot widths, this standard is not applicable. Regardless, the proposed design provides variation in height of building modules across the site, as explained above in response to guideline 1.25. Similarly, as explained in response to guideline 1.24, above, variation in massing is achieved through upper floor setback variation and the roofscape and screen canopy forms. 616 E.Hyman Commercial Design Review Application Page 15 1.27Anew building should step down in scale to respect the height,form and scale of a historic building within its immediate setting. 1.28 New development adjacent to a single story historic building that was originally constructed for residential use shall not exceed 28 ft. in height within 30 ft. of the side property line adjacent to the historic structure within the same block face. This development does not involve any new buildings and there are no single-story historic buildings adjacent to this property. The two-story fagade mass of the subject building is lower in height than that of the adjacent structures on both sides. Parki Section 26.515.030 of the Code provides the number of required off-street parking spaces for each type of use and explains that an existing deficit of parking may be maintained when a property is expanded or redeveloped. The existing building has 9,046sf of net leasable commercial space which results in a requirement for 9.05 off-street parking spaces. Currently, the building has four (4) legitimate spaces that meet the dimensional requirements and restrictions of Code Section 26.515.020(A). While the alley frontage has six numbered parking spaces, one contains a trash dumpster and another obstructs a required back entrance/exit to the building which swings outwards into the space. Therefore, there is a parking deficit of 5.05 spaces (9.05 minus 4). This deficit is permitted to be carried forward to the remodel/addition proposed for the building. None of the existing parking meets accessibility requirements. The proposed remodel/addition will have 9,580sf of net leasable commercial space, which results in an off-street parking requirement of 9.58 spaces. No off-street parking is required for residential units (free-market or deed restricted) within a mixed-use building in the C-1 Zone District. Since the existing deficit of 5.05 spaces can be carried forward to the proposed remodel/addition pursuant to Code Sections 26.515.010(B) and 26.515.030, the applicant is required to provide 4.53 spaces (9.58 minus 5.05). Notwithstanding the fact that the remodel will provide the building's first accessible off-street parking space, only four (4) total spaces can be provided on-site while accommodating an adequate utility/trash/recycle service area. Therefore, the applicant will pay cash-in-lieu of 0.53 parking spaces (4.53 minus 4), as allowed by-right pursuant to Code Section 26.515.030, in the amount of $19,900.00 ($30,000 per off- street parking space per Code Section 26.515.050(B)(1)) at the time of building permit issuance. Court House View Plane Number One As demonstrated on the Improvement Survey prepared by Aspen Survey Engineers, the Court House View Plane Number One intersects 616 East Hyman Avenue at the southwest corner of the property. While the high-point of the property resides outside of the view plane (southeast corner of the property), it is at elevation 7,919.1' above mean sea level; the lowest elevation 616 E.Hyman Commercial Design Review Application Page 16 point of view plane intersection with the property is at 7,965.92' above mean sea level. Therefore, even though this absolute worst-case scenario is not affected by the view plane area, it demonstrates that the view plane height limit is at no point less than 46.82 feet (7,965.92 minus 7,919.1). Thus, the height of the view plane as is crosses the subject property exceeds the 40 foot height limit of the C-1 Zone District; therefore, by complying with the C-1 Zone height limit this proposal inherently complies with the Court House view plane restrictions enumerated in Section 26.435.050 of the Code. Section V: Summary The proposal complies with the C-1 Zone District, which according to the codified intent statement for this zone district means it inherently assures its contribution toward a successful transition from the Commercial Core to the adjacent residential neighborhoods. In addition, by being completely consistent with the Commercial Character Area Design Guidelines, the project will forward the goal of strengthening this area's sense of relatedness to the Commercial Core. The existing design of the 616 East Hyman building is doing very little to forward these goals, but the proposal will deliver the architecture and design from the realms of underwhelming and insignificant to clean, elegant, contemporary, creative and effective in reinvigorating the desired sense of relatedness to and transition from the Commercial Core. This block resides roughly at the center of both the C-1 Zone District and the Commercial Character Area. Very appropriately, this long under-appreciated block is poised to and fast becoming one of the most exciting, eclectic in contemporary design, mixed-use areas of the City. Nearly every building on the subject block is predominantly commercial but includes residential use on its upper floor, which is apropos for this zone of transition from multi- family residential on the east to the Commercial Core on the west. The heavy mix of professional office space with mixed-in retail and residential uses, plus the strong civic presence of the coming Art Museum truly present the realization of this area's adopted goals relative to both use and design. The proposed remodel and addition for the 616 East Hyman Avenue property is in perfect harmony with the current and expected future character of this block in terms of design variety, range of building heights, varied mass and scale, and mix of uses. The Museum, the Muse Building, and now the 616 East Hyman Building will further promote the adopted goals for the Commercial Character Area by avoiding any temptation to imitate historic styles while proving exceptional, contemporary design compliments to the Brickam and Crandall Buildings of Aspens Aspen-Modern era. 616 E.Hyman Commercial Design Review Application Page 17 Exhibits: 1. Land Use Application& Dimensional Requirements Forms 2. Proof of Ownership 3. Pre-Application Conference Summary 4. Authorization Letter 5. Dimensional Requirements of the Commercial (C-1) Zone District 6. Area Calculations, Measurements and AH Mitigation Requirements 7. An Executed Application Fee Agreement; and, 8. Mailing addresses of record for all property owners within a 300' radius. Attachments: • Existing Conditions Survey and Floor Plans • Proposed Drawings and Elevations 616 E.Hyman Commercial Design Review Application Page 18 EXHIBIT ATTACHMENT 2-LAND USE APPLICATION PROJECT: Name: j Location: A 4,5d?4 LIJ ie U 2 (Indicate st eet address,to &block number,legal description where/appropriate) oWh s a Parcel ID#(REQUIRED) 7 ­2 2_.- APPLICANT: / J Name: LT WOYr, do J ! Address: �j1 co Phone#: p IG116--2-LI REPRESENTATIVE: Name: L LCG Address: �. P7L. Arxii Ca T16 f Phone#: 70 ZjC—7 ' Iq TYPE OF APPLICATION: (please chec1c all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD(&PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA—8040 Greenline,Stream ❑ Subdivision Exemption(includes ❑ Final SPA(&SPA Margin,Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane XCommercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment ❑ Other: ❑ Conditional Use EXISTING CONDITIONS: (description of existing buildings,uses,previous approvals,etc.) -s-h)n•1 r' 10 btu i l di n a - See s rue, n plan PROPOSAL: (description of proposed buildings,uses,modifications,etc.) Q�/ / cr Oyes IOl e �1 Q� Gl r�Q KJ� !� U S 1,n Have you attached the following? U FEES DUE: $ ® Pre-Application Conference Summary ❑ ( Attachment#1,Signed Fee Agreement Response to Attachment#3,Dimensional Requirements Form f Response to Attachment#4,Submittal Requirements-Including Written Responses to Review Standards ❑ 3-13 Model for large project All plans that are larger than 8.5"X 11"must be folded. A disk with an electric copy of all written text (Microsoft Word Format)must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: ��5� man '4111% Applicant: ✓ L d Location: —.6/6 Zone District: C— / 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: OV W_Proposed.— Number of residential units: Existing: b Proposed. Number of bedrooms: Existing.-_'g osed.•--::IZp Proposed%of demolition(Historic properties only): DIMENSIONS: (all cornnVI-'aa/) Floor Area: Existing:739AI Allowable:i s•1�' Pro os �Z 51 5 - �j `' " des 3 p 1, 167S•Fg-41 Principal bldg.height: Existing:VIA Allowable:Dl�y c bg Proposed.•_ Access.bldg.height: Existing. N A Allowable: /1l Proposed: On-Site parking: Existing: Required:_ _Proposed: 7 %Site coverage: Existing: d A Required: AJ Proposed: 'F-A %Open Space: Existing: 7-:2 7o Required.• /0)y y Proposed: 7,ZZ Front Setback: Existing: Al A Required: /1! A Proposed.• A Rear Setback: Existing: /ll A Required: N A Propose&dIA Combined F/R: Existing: d/ A Required: � IA Proposed.l) Side Setback: Existing:n/ Required.N Q Proposed:/V Side Setback: Existing.-A Required: NIA Proposed:;AV' Combined Sides: Existing:/1/ IJ Required: N A Proposed: Distance Between Existing V_Required: roposed.• NA Buildings Existing non-conformities or encroachments: C�� i V riatio requested: A10 llarl- ,'Y)C JG1.' dlb_4s�r � t a. u►l(.�7r1 r ' I�CC-Li J/ y lk'4' e ,q EXHIBIT y PROFORMA TITLE REPORT SCHEDULE A 1. Effective Date: April 20,2012 at 8:00 AM Case No.PCT22283132 2. Policy or Policies to be issued: Proposed Insured: PROFORMA 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: FURNGULF,LTD.,A COLORADO JOINT VENTURE 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: Lots N&0, Block 99, CITY AND TOWNSITE OF ASPEN PITKIN COUNTY TITLE,INC. 601 E.HOPKINS.ASPEN,CO.81611 970-925-1766 Phonel970-925-6527 Fax 877-217-3158 Toll Free AUTHORIZED AGENT Countersigned: ^�Q�� SCHEDULE B-SECTION 1 REQUIREMENTS THIS REPORT IS FURNISHED FOA INFOpRMATIONAL PURPOSES ONLY,IT IS NOT A CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BF CO STRQED AS SUCH.IN THE EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE AIGHTTO MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS AS DEEMED NECESSARY.THE RECIPIENTf:OF:THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS ISSUED THIS REPOIJT`BYTHEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION CONTAINED HEREIN IS ACCURATE A D CORRECT,THE COMPANY SHALL NOT BE CHARGED WITH ANY FINANCIAL LIABILITY SHOULD THAT ROVE TO'BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO ISSUE ANY POLICIES_OF TITLE INS`I NCE AI THIS.COMMITMENT IS FUONISHFD FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A CONTRACT TO ISSUE TITLE INSURANCE URANCE AND SHALL NOT BE CONSTRUED AS SUCH.IN THE EVENT A PROPOSED IN..SDREDS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS AS DEEMED NECESSARY.THE RECIPIENT OF THIS;INFQRMAtj ANAL REPORT HEREBY AGREES THAT THE COMPANY HAS ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION CONTAINED HEREIN IS''ACCURATE AND CORRECT,THE COMPANY SHALL NOT BE CHARGED WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE. SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements,or claims of easements,not shown by the public records. 3. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien,or right to a lien,for services,labor,or material heretofore or hereafter furnished,imposed by law and not shown by the public records. 5. Defects,liens,encumbrances,adverse claims or other matters,if any,created,first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable;and any tax,special assessment,charge or lien imposed for water or sewer service or for any other special taxing district. 7. Exceptions and Mineral Reservations as contained in the Patent to Aspen Townsite recorded March 1, 1897 in Book 139 at Page 216.. MaN to: Secretary of State For office use only Corporations Sootion Please include a typed 1560 Broadway,Suite 200 self-addressed envelope Denver:Co 80202 (303)884-2281 MUST BE TYPED Fax(303)894-;2242 971005650 C $50-00 SUBMIT ORIGINAL SECRETARY OF STATE FILING FEE: #50.00 01-14-97 10:52 REGISTRATION STATEMENT FOR REGISTRATION AS A REGISTERED LIMITED UABIUTY PARTNERSHIP OR A REGISTERED LIMITED LIABILITY LIMITED PARTNERSHIP Pursuant to section 7-60-144,Colorado Revised Statutes,the undersigned partnership*has so provided,such statement has been approved by provided 11 of Its general partners as follllows or, if not The name of the partnership" Is Fymgulf LLP If different,the name which It proposes to register and under which it proposes to transact business in Colorado Is same The jurisdiction of Its formation (if other than Colorado) Is nla The street address of its principal office is 616 E. Hyman Avenue, Aspen.-Colorado 81611 If the principal office of a general partnership or a foreign limited liability partnership is not In Colorado,the name and street address of Its Colorado registered agent for service of process on such general or foreign partnership Is i Last Name of an individual or full name of an entity First and middle name of an Individual nte f Street address of registered agent named above 1 Furngulf Name of ip" By General Part ner *As used In this statement, partnership refers to a general partnership or a limited pa nershlp formed in Colorado or a foreign limited liability partnership or limited liability limited partnership formed and registered In a jurisdiction other than Colorado. If formed In Colorado,a limited partnership must first or simultaneously file a Certificate of Limited Partnership,and if formed elsewhere, it must also file an Application for Registration as a foreign iimlted partnership U the Colorado Secretary of State. .• 0ete6r 22.1990 3.61pm 0644903.1-MG-1 l OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CER'TIFICA'TE I,Scott Gessler,as the Secretary of State of the State of Colorado,hereby certify that, according to the records of this office, FURNGULF LLP is a Limited Liability Partnership formed or registered on 01/14/1997 under the law of Colorado, has complied with all applicable requirements of this office,and is in ggnd handing jvit This Qf.2se. This entity has been assigned entity identification number 19971005650. This certificate reflects facts established or disclosed by documents delivered to this office on paper through 04/25/2012 that have been posted, and by documents delivered to this office electronically through 04/26/2012 @ 14:27:09. I have affixed hereto the Great Seal of the State of Colorado and duly generated,executed,authenticated, issued,delivered and communicated this official certificate at Denver,Colorado on 04/26/2012 a 14:27:09 piusuant to and in accordance with applicable law. This certificate is assigned Confirmation Number 8230964. N Secretary of State of the State of Colorado of Notice:.4 Gerd icate issued a le ctronicaUr from the Colorado Seeretar}-of State's Tf'eb site is nliv and innnediateh,valid and c,ec11t a Has er, as an option,lire issuance and validity of a certificate obtained electronically may be established by vlshiug the Certificate Ca f-oration Page of the Sec etaty of State's fleh site, lirep:/htinr�sastate.ca.nslbiz/CertifrcateSearchCriterirtdo entering the certfcate:c emfnnatlon iturnber displR ed on the culificate.and following the instructions disphtreel. Canrrntiaa fire issum:ee o a cer9lJicate!s mer'el pelonal and Is)tot necessm-to the slid arrd¢fictive issuance of certi teat¢. Tor more information,vistl otir lfreb site, hlll,.IA%-iviv sos.state.co.us/clickBusiness Center acid select'Fiegttentlydshed Qttestloiis." CERr GS DRe ised08120/1008 FIRST AMENDMENT TO PARTNERSHIP AGREEMENT OF PURNGBLF LLP THIS FIRST AMENDMENT is made and entered into as of the rya day of October, 1996 by and between MARTIN PLUG and JEREMY J. PLUG (together, the "Partners") . RECITALS A. The Partners are parties to the Joint Venture Agreement dated as of the 10th day of April, 1984 (the "Partnership Agreement"), and currently are all the partners of the partnership established under the Partnership Agreement (the "Partnership") . The Partnership is•a partnership formed pursuant to the Uniform Partnership Law of Colorado. B. The Partners desire to amend the Partnership Agreement to provide for the registration of the Partnership as a Colorado registered limited liability partnership and to adopt certain other changes. AMENDMENT The Partnership Agreement is hereby amended as follows: 1. Each occurrence of the terms "Joint Venture", "Venturer" and "Venturers" shall be replaced by the terms "Partnership", "Partner" and "Partners", respectively. 2. Section 1.2 is amended to read as follows: "1.2 The name of the Partnership shall be "P'urngulf LLP°. 2. New Sections 1.6 and 1.7 shall be added and shall read as follows: "1.6 Registration as Limited Liability Partnershiy. The Partnership shall register with the Secretary of State of the State of Colorado as a registered limited liability partnership pursuant to section 7-60-144, Colorado Revised Statutes ("CRS") . The Partnership shall make such limited liability partnership reports as required by section 7-60-149, CRS. In accordance with section 7-60-144(5), CRS, the Partnership shall be for all purposes the same entity that existed before it registered as a registered limited liability partnership." i "1.7 Limited Liability of Partners. Except as expressly provided herein, the liability of the G:IDATAIPUBLU. E&RD$46p;p.1 oaoba 22.7996 sa5pm { f partners for debts, obligations and liabilities of, or chargeable to, the Partnership shall be limited to the fullest extent permitted by section 7-60-115(2), CRS." 3. Section 2.4 shall be amended to read as follows: "2.4 Capital Accounts Deficits. Upon termination of the Partnership, no Partner shall be obligated to restore the amount of a deficit in such Partner's capital account." 4. A new Section 4.2 shall be added to the Partnership Agreement, and shall read as follows: "4.2 Limitation on Distributions. A partner may not receive distributions from the Partnership in excess of those permitted by section 7-60-146, CRS." 5. A new Section 6.12 shall be added to the Partnership Agreement, and shall read as follows: 116.12 Indemnification of Partners Employees and Agents,. The Partnership shall indemnify any person made a party to any proceeding because such person is or was a partner of the Partnership against liability incurred in any such proceeding, and shall advance expenses incurred in such proceeding to such person, to the fullest extent permitted under law, except with respect to acts not performed in good faith or not consistent with this Agreement. The Partnership may indemnify and advance expenses to an employee or agent of the Partnership to the same extent as a partner or to a greater extent it consistent with law." 6. A new Section 6.13 shall be added to the Partnership Agreement, and shall read as follows: "6.13 Third Party Beneficiaries. This Agreement shall not benefit or create any right or cause of action in or on behalf of any person other than the Partners." Except as amended by this First Amendment, all provisions of the original Partnership Agreement shall remain in full force and effect. -2� IN WIT14ESS 'WHEREOF, the undersigned have signed this Amendment, to be effective as of the day and year first abo.1 written, notwithstanding the actual date-of execut&on. - fit•I':�z"ljiz- ��� (i Date of Execution Ma.;in Plug-7-IfFill �� i Date of Execution se' ► a'. Pliig -3- JOINT VENTURE AGREMONT THIS AGREEMENT is entered into as of A day of April, 3984 by and betwee.a*Martin Plug, Victoria F. Aybar, and Jeremy J. Flug, hereinafter collectively referred to as the "Venturers" and indi- vidually as a "Venturer". I. FORMATION. 1.1 Formation: The Venturers do hereby form a Joint Venture pursuant to the Uniform Partnership Law of Colorado. 1.2 Name: The name of the Joint Venture shall be Furngulf, Ltd. 1.3 Character of Business: The Joint Venture shall carry on the business of investing in real property and other Investment activities as it may deem appropriate. The Joint Venture may transact such other business as may be necessary and incidental to its principal business or businesses. 1.4 Principal Place of Business: The principal place of business and the principal office of the Joint Venture shall be located at 616 E. Hyman Avenue, Aspen, Colorado 81611. The Joint Venture may also maintain such other offices at such other places as the Venturers may- deem advisable. 1.5 Joint Venture Property: The Joint Venture's prop- erty shall be held in the name of the Joint Venture.- II. CAPITAL. 2.1 Capital Account: An individual capital account shall be maintained for each Venturer. Contemporaneously with the execution of this Agreement, the Venturers shall contribute to the capital of the Joint Venture the assets set forth opposite their names on Schedule A, attached hereto. The Venturers agree that the fair market value of the assets so contributed, as •of the day of such contribution, are as set forth on Schedule A. 2.2 Interest: No interest shall be paid on any capital contribution of any Venturer. 2.3 Additional Capital: Additional capital may, from time to time be contributed to the Joint Venture by. the Venturers in such total amounts and iiroportiovis as shall be unanimously agreed upon by the Venturers. 2.4 Negative Capital Accounts: Upon termination of the Joint Venture, if any Venturer-has a negative balance i» his capital account, such balance shall be a debt from the Venturer to the Joint Venture and the Venturer shall be obligated to make additional contributions to the Joint Venture capital to restore his capital account to zero. III. ALLOCATION OR JOINT VENTURE GAINS, INCOME, EXPENSE, DEDUCTIONS AND LOSSES. 3.1 Allocation of Gain: Gain on the sale of Joint Venture property shall be allocated to each'of the Venturers in proportion to their capital accounts as computed on the first day of the taxable year to which such income, expense, loss or deduc- tion is properly allocable. 3.2 Other Items of Income, Expense, Loss or_ Deduction: All other items of income, expense, loss or deduction shall be allocated to each of the Venturers in proportion to their capital accounts as computed on-the first day of the taxable year to which such income, expense, loss or deduction is properly alloca- ble. IV. SALARIES AND DRAWINGS. 4.1 Salaries and Drawings: The Venturers shall have such salaries, drawings and expense accounts as may be unani- mously agreed upon by them. - V. DISSOLUTION AND TEZ2MNATION. 5.1 Dissolution: The Joint Venture shall dissolve upon the occurrence of the earliest df the following events: (a) The death or disability of a Venturer, provided, however, that the remaining Venturers may agree to continue the Joint Venture. (b) The voluntary filing of any petition in bankruptcy by a Venturer or involuntary adjudication of a Venturer as bankrupt or insolvent, or the application by a Venturer fort or his consent to, the appointment of a receiver, trustee or liquidator of all or• a substantial part of his assets, or any ° substantially similar action on the part of a partner, provided, however, that the remaining Venturers may agree to continue the Joint Venture. (c) The sale of all or substantially all of the property of the.Joint Venture, unless the Venturers unanimously decide to purchase or otherwise acquire additional properties with the proceeds of such sale, (d) The withdrawal of any Venturer, provided, however, that the remaining Venturers may agree to continue the Joint Venture. 5.2 Termination: In the event of dissolution, unless the Venturers agree to continue the Joint Venture as provided in x Section 5.1, the Venturers shall wind up the affairs of the Joint Venture and the Joint Venture shall be terminated as provided herein. (a) in the event of a termination of the Joint Venture the Venturers shall sell or otherwise liquidate all of the Joint Venture assets as promptly as is consistent with obtaining a , reasonable value therefor under the circumstances (except to the extent that the Venturers determine to distribute any assets of the - Joint Venture to a partner or Venturers in kind), shall allocate the proceeds of such sales to the Venturers' capital accounts pursuant to Sections 3.1 and 3.2, and shall discharge all liabilities of the Joint Venture in the order of priority provided by law, including .all costs relating to the dissolution, winding up, liquidation and distribution of assets, and shall distribute the remaining assets in the order set forth in Section 5.2(b) below. -3- (b) After providing for all other liabilities of the Joint Venture, any liabilities of the'Joint-Venture to the Venturers, other than on account of their interests in Joint Venture capital or-profits, shall be satisfied. The remaining assets of the Joint Venture shall then be distributed as -followS: (i) In the event any assets of the Joint Venture - are to be distributed to the Venturers in kind, the net fair mar- ket value of such assats 'as of the date of dissolution shall be determined by independent appraisal or by agreement among the Venturers, and the Venturers' capital accounts shall be adjusted in the same manner and proportions as if the assets had been sold for such fair market value and the proceeds allocated to the venturers' capital accounts. (ii) Subject to the provisions of Section 2.4 with respect to negative capital accounts, the amount of each Venturer's capital account as determined under Section 5.2(b)(i) shall be distributed to such partner. (c) Upon completion of the winding up, liquidation and distribution of assets, the Joint Venture shall be deemed termi- nated. IV. MISCELLANEOUS. 6.1 Accounting: The Joint Venture shall keep its books and records on the cash method of accounting and shall adopt the calendar year as its taxable year. 6.2 Ban in : All funds of the Joint Venture shall be deposited in its name in such checking or savings account or accounts as shall be designated by the Venturers and all with- drawals therefrom shall be made upon checks, drafts or wire transfers signed by any Venturer. 6.3 Records: At all times during the•continuance of the Joint Venture, the Venturers shall keep or cause to be kept full and true books and records of account. All such books and records of account shall at all times be opened to inspection by the venturers during normal business hours. -4- 6.4 ,Employees: The Joint Venture may employ such firms, corporations, or persons as the Venturers deem advisable for the y operation of the Joint Venture- business. 6.5 Assignment; Successor in Interest: No Venturer may assign, pledge, hypothecate, or in. any manner, transfer his interest in the Joint Venture without the consent of the other Venturers, provided, however, that nothing shall prevent the interest of any Venturer from being assigned, pledged, encumbered, or otherwise hypothecated to any other Venturer herein, to a member of a Venturer's immediate family, or to a lineal descendant of a Venturer. Notwithstanding the foregoing, any Venturer shall, without the consent of, any other Venturer, have the right to appoint a successor in interest to succeed to his interest in the Joint Venture upon his death. If the surviving Venturers agree to continue the Joint Venture as provided in Section 5.1(a), such v successor in interest shall become a Venturer and shall be bound by all of the terms of this Joint Venture Agreement. 6.6 No Election from Subchapter K: Each party hereto agrees with respect to this Joint Venture Agreement not to elect to be excluded from the application of Subchapter K of Chapter l of Subtitle A of the Internal Revenue Code of 1954, as amended. 6.7 Governing Law: This Joint Venture Agreement shall be governed, interpreted and enforced in accordance with the laws of the State of Colorado. 6.8 Successors and Assigns: This Joint Venture Agreement shall be binding upon and inure to the benefit of the parties signatory hereto, their heirs, successors, transferees, personal representatives and assigns. 6.9 Entire Agreement: This Joint Venture Agreement contains the entire understanding of the parties and supersedes any prior understanding and/or written or oral agreement. All representations and agreements, whether oral or written, are contained herein. • -5- - 6.10 Severability: ' Should any provision hereof be held to be invalid, the same shall not affect in any respect the va- V lidity of the remainder of this Joint Venture Agreement. 6.11 Headings: The headings contained in this Joint Venture Agreement are for reference only and shall not be con- V strued as part hereof, nor shall they affect in any way the mean- ing or interpretation hereof. IN WITNESS WHEREOF, this instrument is executed as of the date first stated above. Martin Plug� Victoria F. Aybar J re Flu -6- SCHEDULE A Ven— turex Capital Co'It ribution Martin Plug Victoria F. Aybar Jeremy J. plug Parcel...Uetail Page 1 of 3 Pitkin County Assessor Parcel Detail Information Assessor Property Search ( Assessor Subset Query I Assessor Sales Search Clerk& Recorder Reception Search I Treasurer Tax Search Search Basic'Building Characteristics Value Summary Parcel Detail Value Detail ( Sales Detail Residential/Commercial Improvement Detail Owner Detail I Land Detail I Photographs Tax Area Account Number Parcel Number 2011 Mill Levy 001 R001306 273718212005 31.653 Primary Owner Name and Address FURNGULF LTD A COLO JOINT VENTURE 616 E HYMAN AVE ASPEN, CO 81611 Additional Owner Detail Legal Description Subdivision: CITY AND TOWNSITE OF ASPEN Block: 99 Lot:N AND:- Lot: O Location Physical Address: 616 E HYMAN AVE ASPEN Subdivision: CITY AND TOWNSITE OF ASPEN Land Acres: 0.000 Land Sq Ft: 6,000 2011 Property Value Summary AcfuaI Value Assessed Value_ �— Land: 3,300,000 957,000 http://www.pitkinassessor.org/assessor/parcel.asp?AccouritNumbcf=l X06 4/24/2012 - Parcel Detail Page 2 of 3 1 Improvements: 1 1,700,00011 493,0001 Total: IF 5,000,0001 1,450,000 Sale Date: 4/11/1984 Sale Price: j 1,000,000 Additional Sales Detail Basic Building Characteristics Number of Residential 0 Buildings: Number of Comm/Ind 1 Buildings: Commerciauindustrial Building Occurrence 0 Characteristics OFFICE SECOND FLOOR: IF2,904 OFFICE FIRST FLOOR: 3,888 OFFICE BASEMENT 3,888 FINISHED: Total.Area: 1110,680 Property Class: OFFICES-IMPROVEMENTS Actual Year Built: 1969 Effective Year Built: 1985 Quality of Construction: GOOD-BASE Exterior W IGOOD BASE Interior Wall: GOOD-BASE Neighborhood: COA COMMERCIAL "C" To of fPage Assessor Database Search Options Pitkin County Home Pie 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. http://www.pitkinassessor.org/assessor/pareel.asp?AccotintNumber=1306 4/24/2012 EXHIBIT CITY OF ASPEN PRE-APPLICATION SUMMARY PLANNER: Amy Guthrie,429.2758 DATE:4.24.12 PROJECT: 616 East Hyman Avenue REPRESENTATIVE: Haas Land Planning and Poss Architecture and Planning DESCRIPTION: The applicant is interested in remodeling the existing commercial building at 616 E. Hyman. The property is a 6,000 square foot lot owned by one entity. The zoning is C-1, Commercial Zone District. The building was constructed in 1969. The preliminary program includes new net leasable commercial space in the location of an existing south facing deck on the second floor, construction of required affordable housing overtop of existing parking along the alley, and construction of a free market dwelling unit on the third floor. A maximum of 2.5:1 FAR is permitted in the C-1 zone district with commercial use limited to 1.5:1 and residential free market use limited to 0.5:1 (which may be increased to 0.75:1 if affordable housing equal to 100% of the free market residential floor area is developed on the same parcel). Free market residential individual unit size is limited to 2,000 square feet of net livable area, which may be increased to 2,500 square feet of net livable area by landing 1 transferrable development right (TDR). The total free market residential net livable area shall be no greater than the total above grade floor area associated with the commercial use. The application requires Commercial Design Standard review by the Planning and Zoning Commission (P&Z) and compliance with the Commercial, Lodging, and Historic District Design Objectives and Guidelines- specifically the Commercial Character Area Chapter. The property is required to provide public amenity space and trash/utility enclosure that meet the requirements of Section 26.412.060. The existing building is setback a small distance from the front property line. The public amenity standard is likely not met, but the proposed project will not reduce the qualifying amenity space. The new residential unit and any onsite affordable housing do not require onsite parking. An increase in commercial net leasable area requires parking spaces at a rate of 1 space/1,000 square feet of net leasable area. Properties in the C-1 zone district are permitted to pay cash in lieu for parking by right($30,000/space). The creation of a new residential unit, and possibly onsite affordable housing, requires growth management review by the P & Z. In addition, any new commercial net leasable area requires growth management review. Expansion of commercial development and new free-market residential units within a mixed use project compete for growth management allotments and qualify as a Major Planning and Zoning application reviewed by the P&Z. Major growth management applications are only accepted on February 15th and August 15th. The Community Scoring Objectives are used by Planning Staff to establish application review order. Conceptual Commercial Design Review must be granted prior to applying for growth management. The redevelopment, which will involve the creation of more than one residential dwelling unit, triggers Subdivision review by City Council upon a recommendation from the Planning and Zoning Commission. Recently, City Council adopted a Code Amendment that requires neighborhood outreach prior to the first public hearing. Community Development has determined that neighborhood outreach is required for this project. A summary of the outreach shall be presented at the first P&Z public hearing. http://www.aspenpitkin.com/Departments/Community-DevelopmenUPlanning-and-Zoning/Recent-Code- Amendments/ Please note that Ordinance 3, Series of 2012 (a link is above) also changes the requirement that a project comply with the Aspen Area Community Plan. This application is subject to Ordinance 3 which went into effect on March 27, 2012. Impact fees are triggered by the addition of new let livable residential space and new net leasable commercial space. These fees are calculated at the time of building permit issuance. City Council recently adopted a Code Amendment that changes allowable heights in the C-1 zone district. The Code Amendment is effective on May 2nd. A complete application must be received by Community Development by the end of the day on May 1St to be reviewed under the current Land Use Code. The review process would be as follows(all steps require public hearings): Step 1: P&Z for Conceptual Commercial Design Review. Step 2: P&Z for Major Growth Management**submit on Feb 15th or Aug. 15th and recommendation of subdivision to council Step 3: City Council for Subdivision Review. Step 4: P&Z for Final Commercial Design Review. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.412 Commercial Design Review 26.470 Growth Management 26.470.050 General Requirements 26.470.070.4 Development of Affordable Housing .26.470.080 Major Planning and Zoning applications (expansion of commercial development and new free-market residential units within a mixed use project) 26.470.100 Calculations 26.470.110 Growth Management Review Procedures 26.470.120 Community Objective Scoring Criteria (To be addressed in a subsequent application,submitted on the designated application dates for Major GMQS) 26.480 Subdivision 26.515 Parking 26.575.020 Calculations and Measurements 26.610 Impact Fees 26.620 School Land Dedication 26.710.150 Commercial (C-1)Zone District A link to the Land Use Code is here: http://www.aspenpitkin.com/Departments/Community-Development/Planning- and-Zoning/Title-26-Land-Use-Code/ A link to the Commercial, Lodging and Historic District Design Objectives and Guideline is here: http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Current-Planning/ A link to the Land Use Application is here: h_ttp://www.aspenpitkin.com/Departments/Community-Development/Plann1ng-and-Zoninci/Applications-and-Fees/ Review by: Staff for complete application P&Z, and City Council Public Hearing: At P&Z and Council. Neighborhood Outreach:Yes, prior to first public hearing at P&Z. Planning Fees: $4,410 for 14 hours at$315 per hour Referral Fees: Total Deposit: $4,410. Total Number of Application Copies: 12 for P&Z conceptual commercial design review. To apply,submit the following information: 1. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages,judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. Completed Land Use Application. 5. Signed fee agreement. 6. Pre-application Conference Summary. 7. An 81/2"x 11"vicinity map locating the subject parcel within the City of Aspen. 8. Proof of ownership. 9. Existing and proposed elevation drawings and site plan that include existing and proposed dimensions (FAR, broken down by floor and by use, net leasable and non-unit space) as well as landscaping plan. 10. A 3-D model of the proposal in context of the historic district. 11. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. 11. All other materials required pursuant to the specific submittal requirements. 12. Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. 13. Applicants are advised that building plans will be required to meet the International Building Code as adopted by the City of Aspen, the Federal Fair Housing Act, and CRS 9.5.112. Please make sure that your application submittal addresses these building-related and accessibility regulations. You may contact the Building Department at 920- 5090 for additional information. 14. List of adjacent property owners within 300'for public hearing 15. Copies of prior approvals. 16. Applications shall be provided in paper format(number of copies noted above) as well as the text and line drawings on a CD. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. 004/26/2012 14:44 FAX 3105860741 EXHIBIT Apr- 26- 2012 2:59PM Gulfco Ltd. No. April 24,2012 X,Martin Flug, general partner,hereby authorize permission to Hass band Planning,Pass Architecture and Schlumberger Construction to represent Furngulf LLP in the plarmi g submittal for 616'East Hyman Avenue in Aspen,Colorado. Martin plug General Partner Furngulf LLP 616 East Hyman Avenue Aspen, Colorado 81611 EXHIBIT 5 Dimensional Requirements of the Commercial (C-1) Zone District Section 26.710.150 • Minimum Gross Lot Area: No requirement. • Minimum Net Lot Area Per Dwelling Unit: No requirement. • Minimum Lot Width: No requirement. • Minimum Front Yard: No requirement. • Minimum Rear Yard: No requirement. • Minimum Side Yard: No requirement. • Minimum Utility/Trash/Recycle Area: - Pursuant to Section 26.575.060.A.3: 20'W x 10'D x 10'H. - Existing Condition: N/A. - Proposed. See Plans (17.5'W x 19.2'D x 11'H) • Maximum Height: - C-1 Zoning: 28 feet for two-story elements of a building. 36 feet for three-story elements of a building, which may be increased to 40 feet through Commercial Design Review. See Chapter 26.412. - Existing Condition: N/A - Proposed: 40 feet. • Minimum Distance between Detached Buildings: No requirement. • Public Amenity Space: Pursuant to Section 26.575.030, the requirement is 10%. The Public Amenity Space proposed with the remodel/addition is what currently exists or 7.2%. • Floor Area Ratio (FAR): - C-1 Zoning: Maximum of 2.5:1 or 15,000sf where Commercial Uses are limited to 1.5:1 (9,000sf) and Free-Market Multi-Family Housing is limited to 0.5:1 (3,000sf)). - Existing Condition: 7,396sf of Commercial FAR. - Proposed: 8,369sf of Commercial FAR (1.4:1); 2,982sf of Free-Market Residential FAR (0.5:1); and 1,167sf of Affordable Housing (0.195:1); cumulative FAR of 12,518sf(2.09:1). • Maximum Multi-Family Residential Unit Size: - C-I Zoning: 2,000 square feet of net livable area. This can be increased to 2,500 square feet through use of a Historic TDR. - Existing Condition: N/A - Proposed: 2,405 square feet of net livable area(with use of one TDR). • Maximum Lodge Unit Size: Not applicable. • Commercial/Residential Ratio: C-1 Zoning: Total free-market net livable area cannot exceed above grade floor area of the commercial space. - Existing Condition: No free-market residential - Proposed: 2,405sf of free-market net livable area; 8,369sf of above-grade commercial FAR(plus 4,182sf of subgrade commercial space). EXHIBIT a Area Calculations, Measurements and Affordable Housing Mitigation Requirements After Conceptual Commercial Design Review approval is obtained, the subject remodel/addition project will require Major Planning and Zoning Commission growth management review pursuant to Code Sections 27.470.080(1) and (2), Expansion or New Commercial Development and New Free-Market Residential Units within a Mixed-Use Project, respectively. An application for these approvals and review against the Community Objectives Scoring Criteria can only be submitted on August 15 or February 15 of any calendar year and only after the Conceptual Commercial Design Review application has been approved. The applicable affordable housing mitigation standards applicable to all of said Code Sections are defined by the General Requirements of Code Section 26.470.050(B). Code Section 26.470.100(A)(6) states that, Whenever affordable housing is provided on-site (with actual units) in order to satisfy one requirement, the same on-site affordable housing may also be used to satisfy any other affordable housing requirement concurrently. For example: A mixed-use project may require two affordable housing units to mitigate an increase in commercial employee generation, and two affordable housing units to mitigate free-market residential development. In this case, providing two on-site affordable housing units shall satisfy both requirements concurrently. Therefore, in the case of a mixed-use project, it is necessary to analyze the affordable housing mitigation requirements attributable to each use type in the proposal and satisfy on-site the higher of the two requirements. In the current case, the proposed mixed-use remodel/addition includes a free-market residential component as well as a commercial component, each with its own affordable housing requirement. The two requirements must be established and compared to determine the effective/combined requirement. With regard to the project's commercial component, Section 26.470.050(B)(5) of the Code provides the applicable mitigation requirement, as follows: Unless otherwise specified in this Chapter, sixty percent (60%) of the employees generated by the additional commercial or lodge development, according to Subsection 26.470.100.A, Employee Exhibit 6,Page 1 generation rates, are mitigated through the provision of affordable housing. The employee generation mitigation plan shall be approved pursuant to Paragraph 26470.070.4, Affordable housing, at a Category 4 rate as defined in the AspenlPitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. If an applicant chooses to use a Certificate of Affordable Housing Credit as mitigation, pursuant to Chapter 26540, such Certificate shall be extinguished pursuant to Chapter 26540.90 Criteria for Administrative Extinguishment of the Certificate. Pursuant to Code Section 26.470.100.A, Employee Generation Rates, development in the C-1 zone district generates 4.1 FTE (Full-Time Equivalents) per thousand square feet of net leasable first-floor space, and 3.075 FTE per thousand square feet of upper and lower floor net leasable space (NLS). The standard above, explains that the mitigation is required only for the employees generated by "additional" commercial development. Given these Code provisions, in order to determine the mitigation requirement, one must calculate the employee generation of the ground and other floor levels of commercial NLA in both the existing structure and the proposed structure, then calculate the difference. The difference is the number of employees generated by the redevelopment. Housing must be provided for 60% of the employees generated, and the housing must be provided in a manner consistent with the requirements of Section 26.470.070.4 of the Code. The existing development contains 3,261 square feet of first floor NLS and 5,785 square feet of NLS between the lower and upper levels. Therefore, the existing first floor NLS generates 13.37 FTE ([3,261s.f./1,000s.f] x 4.1), and the existing lower and upper floors' NLS generates 17.79 FTE ([5,785/1,000] x 3.075). In total, then, the existing structure generates 31.16 FTE (13.37+ 17.79). The redevelopment includes 3,251 square feet of commercial NLS on the first floor, and 6,329 square feet of lower and upper level NLS. Therefore, the proposed first floor NLS generates 13.33 FTE ([3,251s.f./1,000s.f] x 4.1), and the proposed lower and upper floors' NLS generates 19.46 FTE ([6,329/1,000] x 3.075). In total, then, the proposed remodel and commercial expansion generates 32.79 FTE (13.33 + 19.46). The 31.16 FTE credit from the existing building is now applied, bringing the total increase in commercial employee generation to 1.63 FTE (32.79 - 31.16). Since 60% of the incremental increase in employee generation must be mitigated, the end requirement attributable to the commercial component of the redevelopment is housing for 0.978 FTE (1.63 x 60%). Exhibit 6,Page 2 Per Section 26.470.100.A.4 of the Code and the current APCHA Housing Guidelines, every 400 square feet of affordable housing is equivalent to housing for one (1) FTE and vice versa; therefore, the end requirement attributable to the commercial component of the remodel/addition is 391.2 net livable square feet of Category 4 deed restricted housing. With regard to the project's free market residential component, Section 26.470.050.B.6 of the Code explains that, Affordable housing Net livable area, for which the finished floor level is at or above natural or finished grade, whichever is higher, shall be provided in an amount equal to thirty percent (30%) of the additional free-market residential net livable area, for which the finished floor level is at or above natural or finished grade, whichever is higher. The existing structure does not contain any residential square footage; thus, all free market net livable area in the proposal is "additional." The proposed development includes 2,405 net livable square feet of free market residential space, all of which is above natural and finished grade. Therefore 721.5 net livable square feet of above-grade, Category 4, deed restricted housing space (2,405 x 30%) is required. Since the proposal includes on-site provision of affordable housing (with an actual unit), pursuant to Section 26.470.100.A.6 of the Code, the effective/end affordable housing requirement is 722 square feet of net livable affordable housing area (the higher generation of the additional commercial and free- market residential components). The proposal includes 936 net livable square feet of above-grade (second floor) affordable housing space. Thus, the proposal includes on-site mitigation at approximately 130% of the effective/end requirement. The growth management and subdivision review application to be filed after receipt of Conceptual Commercial Design Review approval will also demonstrate how the proposed affordable housing mitigation unit will comply with the APCHA Guidelines and the provisions of Code Section 26.470.070.4. The mitigation housing will be in the form of an actual, newly built, 100% above grade (on the second floor) unit deed restricted to not higher than the Category 4 level. Given the unit's net livable area and the fact that it is on the second floor of a centrally located building and includes a private deck space, it projects as a two-bedroom unit that will house 2.25 FTE. Exhibit 6,Page 3 616 E.Hyman Proposed Floor Area Gross Area Non-Unit Space Floor Area Commerical Free Market AHU Total Commerical Free Market AHU Total FAR Totals Deck Area Basement 3,423 3,423 759 184 72 1,015 4,438 Level 1+(Carport&Service Yard) 3,899 3,899 1,077 261 102 1,440 5,339 Level 3,323 57 1,011 4,391 570 138 54 762 5,153 67 Level 2,526 2,526 0 0 2,526 2,180 Roof 0 0 0 0 Total 10,645 2,583 1,011 14,239 1,647 399 156 3,217 17,456 2,247 AllaratedydorrUnit,Sp�ce 2,4k15 0 Commerical Floor Area Total Floor Area(Less exempt 8sm't&Carport) 6,722 1,647 8,369 Allowable Floor Area(1.5:1) 9,000 Additional FAR Carport/Service Area Total Floor Area 1 Exempt carport(2 Units)) 500 1,1 Additional FAR 640 Free Market Floor Area Total Floor Area(Less exempt space) 2,583 399 2,982 Allowable Floor Area(0.5:1) 3,000 Affordable Housing Floor Area Total Floor Area 1,oill 1,167 Allowable Floor Area 15,000 Total Building FAR Building Area Sum F 14,239 3,217 17,456 Carport/Service(Included in Gross Floor Area) 0 Sub-Total 17,456 Sub-total Basement Below Grade Exemption 4,438 Carport Exemption 500 Sub-Total 4,938 Sub-total Total Building Floor Area -Total Allowable Total Floor Area(2.5:1)Site 6,000 15,000 Allowable Deck Area(15,000 x 15%) 2,250 Commerical Free Market AHU Net Leasable/Livable Basement 3,168 Level 1 3,251 Level 2 3,161 51 936 Level 3 2,354 Total 9,580 2,405 936 EXISTING NET LEASABLE: EXISTING BASEMENT LEVE„ TOTAL 3,331 S.F. EXISTING LEVEL 1 TOTAL 3,261 S.F. EXISTING LEVEL 2 TOTAL 2,454 S.F. TOTAL EXISTING NET LEASABLE 9,046 S.F. ALLEY — - - - - — - -— - — - —- — — — - - — - - - - —- ---- — — - -— - — PARKING OPEN TO ABOVE& �`>t •� BELOW OPEN TO BELOW PLANTER V PATIO EXISTING LEASABLE BASEMENT EXISTING LEASABLE LEVEL I EXISTING LEASABLE LEVEL 2 616 E. HY"MAN REDEVELOPMENT 616E.HYMAN AVENUE ASPEN,COLORADO 81611 OS S O S C H E M A T I C D E S I G N: EXISTING NET LEASABLE AREA ~� „k04/30/2012 o a 16 32 CALCULATIONS 02012 805 EAST MAIN STREET ASPEN. COLCRXOO 8 611 (T)07 D/925 47551i1910 1120 2850 EXISTING F.A.R.CALCULATIONS: DECKS EXISTING BASEMENT LEVEL BASEMENT LEVEL(N/A-NO EXPOSURE) 4,437 S.F. EXISTING LEVEL 1 LEVEL 1 FLOOR AREA 4,203 S.F. LEVEL 1 DECKS 0 S.F. EXISTING LEVEL 2 LEVEL 2 FLOOR AREA 3,193 S.F. LEVEL 2 DECKS 907 S.F. TOTAL GROSS EXISTING 11,833 S.F. 907 S.F. TOTAL EXEMPT BASEMENT 4,437 S.F. ALLEY ACTUAL F.A.R. 7,396 S.F. - --T - - - - - - - - -- - -- - - - - ---- - -- --- - PARKING OPEN BELOW W .� \ OP �T0 \\A\\\\X.A\ \. DECK PLANTER 907 S.F. - - - - - - -� -- --- -- - -- - ----- ---- - - - - EXISTING F.A.R.BASEMENT EXISTING F.A.R.LEVEL 1 EXISTING F.A.R.LEVEL 2 616 E. HYMAN REDEVELOPMENT 616 E.HYMAN AVENUE ASPEN,COLORADO 81611 P 0 S SCHEMATIC DESIGN: EXISTING F.A.R.CALCULATIONS ~ I ,04/30/2012 0 8 ib 32 02011 , 805 f R S i MAIN STREET 8 B G F X COLORADO 8 1 8 ll - - (L1R1-1- -IS S(f131 T-SO 3850 PROPOSED NET LEASABLE: PROPOSED BASEMENT LEVEL 3,168 S.F. PROPOSED LEVEL 1 3,251 S.F. PROPOSED LEVEL 2 3,161 S.F. PROPOSED LEVEL 3 0 S.F. TOTAL PROPOSED NET LEASABLE 9,580 S.F. D PROPOSED NET LIVABLE NON-UNIT SPACE PROPOSED NET BASEMENT 0 S.F. PROPOSED NET AHU(LVL.2) 936 S.F. PROPOSED NET LEASABLE PROPOSED NET RESIDENTIAL(LVL.2&3) 2,405 S.F. PROPOSED NET DECK SPACE[LVL.2&3) 2,246 S.F. PROPOSED NET AHU TOTAL NET LIVABLE 5,587 S.F. TOTAL NET(LEASABLE&LIVABLE) 15,167 S.F. PROPOSED NET RESIDENTIAL PROPOSED NET DECK SPACE PROPOSED NET DECK SPACE:67 S.F. -_T-_ _-_ _-_-_-___ _�_-__ _ _ _ _� _f .1- _ _ _ _--_ _ _. _-----_ _ - II III! _ i .�.1.. PROPOSED NET AHU. ....936 1-1: III PROPOSED NET RESIDENTIAL.- � ROOF/ DN � � � PLANTER I ` PROPOSED NET RESIDENTIAL: F RST LEVEL ET LEASAB NET LEASABLE: SECON V I � BAS M NT NLE: f � � SPACE I . ........1.......... ! ... ....._ _._....... PROPOSED NET LEASABLE-BASEMENT PROPOSED NET LEASABLE-LEVEL 1 PROPOSED NET LEASABLE,ADU,&DECK SPACE-LEVEL 2 PROPOSED NET RESIDENTIAL&DECK SPACE-LEVEL 3 616 E. HYMAN REDEVELOPMENT 616 E.HYMAN AVENUE ASPEN,COLORADO 81611 P O S S O SCHEMATIC DESIGN: PROPOSED NET LEASABLE&LIVABLE /� o a 16 32 AREA CALCULATIONS ,;;w04/30/2012 A W 1101 XXIN BiRF Ei BPf X, CpLDR0 D0 01611 rc. I T1 BT 0/ BO X)001119,D/BtD 3BBD PROPOSED F.A.R.CALCULATIONS: DECKS PROPOSED BASEMENT LEVEL BASEMENT LEVEL(N/A-NO EXPOSURE) 4,438 S.F. PROPOSED LEVEL 1 LEVEL 1 FLOOR AREA 4,199 S.F. CARPORT/SERVICE YARD 1,140 S.F. LEVEL 1 DECKS 0 S.F. DNON-UNIT SPACE PROPOSED LEVEL 2 LEVEL 2 FLOOR AREA 5,153 S.F. LEVEL 2 DECKS 67 S.F. \ \ PROPOSED NET LEASABLE PROPOSED LEVEL 3 LEVEL 3 FLOOR AREA 2,526 S.F. PROPOSED NET AHU LEVEL 3 DECKS 2,180 S.F. TOTAL GROSS PROPOSED 17,456 S.F. Y PROPOSED NET RESIDENTIAL CARPORT ALL OWABLES(2 UNITS) 500 4,438 S.F. TOTAL DECKS 2,247 S.F. PROPOSED NET DECK SPACE DECK ACTUAL PROPOSED F.A.R. 12,518 S.F. 67 S.F. — - —- -—-—- —-— — - -—-— -—-— — —-— - — — — — —-- ------ — ` � + 1 \ R A ARP RT RVI FP4 526 51339 AR ` ;;_. DECK AREA 2 180 S F T PROPOSED FAR BASEMENT PROPOSED FAR LEVEL 1 PROPOSED FAR LEVEL 2 PROPOSED FAR LEVEL 3 616 E. HYMAN REDEVELOPMENT 616 E.HYMAN AVENUE ASPEN,COLORADO 81611 P SCHEMATIC DESIGN: PROPOSED F.A.R.CALCULATIONS 1 2012 A ■ 8 0 B 16 3P o ,�,e„„„;04/30/2012 605 FAST MAIN ST666L AS PEN, COLORADO 61611 c (T 1 9 1 O/625 4)5 5(1)9 10 1 030 3 550 AREAS: BASEMENT COMMERCIAL 3,423 S.F. BASEMENT NON-UNIT 1,015 S.F. LEVEL 1 COMMERCIAL 4,249 S.F. LEVEL 1 NON-UNIT 1,440 S.F. LEVEL 2 COMMERCIAL 3,323 S.F. D LEVEL 2 NON UNIT S.F. NON-UNIT SPACE LEVEL 2 AHU 1,01011 1 S.F. LEVEL 2 DECK 67 S.F. \� LEVEL 2 FREE MARKET 57 S.F. \ COMMERCIAL LEVEL 2 FREE MARKET NON-UNIT 192 S.F. AHU LEVEL 3 RESIDENTIAL 2,529 S.F. LEVEL 3 DECKS 2,177 S.F. RESIDENTIAL (PARKING HC AREA: 305 S.F.J (ACCESS RAMP AREA: DECK 333 S.F.) (PA RKING AREA: 502 S.F.J DECK: 67 S.F. - ------ -—- T— -- -- -\_-\ — - — a — o v �I \. 11,011 S .1 I it ( N 570 S.F. \ \\ \ o � � RESIDENTIAL ,-� FREE MARKET a � \� 192 S.F. NON-UNIT:I "%57 S.F. � ,,COMMERCIAL TOTAL f \\ I (SPACE 1 AREA: \2 854 S.F.) \ ` DECKSPACE \ _ THIRD LEVEL: i2.177 S.F. I PROPOSED NET LEASABLE-BASEMENT PROPOSED NET LEASABLE-LEVEL 1 PROPOSED NET LEASABLE,ADU,&DECK SPACE-LEVEL 2 PROPOSED NET RESIDENTIAL&DECK SPACE-LEVEL 3 616 E. HYMAN REDEVELOPMENT 616 E.HYMAN AVENUE ASPEN,COLORAD081611 ponsSCHEMATIC DESIGN: NON UNITSPACE O N12 ..c04/30/2012 H A "IT I'll f) SB 3RA8DO 0 51811 ITI B . B]BI B 5 2012-Apr-30 11:10 AM Beverly Hills Hotel 310.281-2994 EXHIBIT Apr, 30, 2412 11 :55ANi Qulfco Ltd, loo. ; Agreement to Pay Appiicatton Foes An'ahredment botwaan the n1lu of As an 'Ott ' e d P!O,Perty ,, U!f L�0 r �'qc�i� Phone No,: Owher.(I`) w , mall' J �f Acl A6 of Cillling /� pi.dppq)lo: ,4 if Adore gpplt4`JAtI n) 1 (fiend 6ttls here) j '�' 86!/ I ur� Mond ihpt the bity has sdoplod,vIQ OrdJnonVe Nv-.,� Flue cf�b11,�r{t��r ial3b for l dnd Use a�ptloattons, 8nd he psi{Want df these fees to a aonditlon precp4ent ici aI '{ermtnln FP 10411.0n cpmptaten�se, I iatldo>�tarid that as the prpperly Qyyner that t am resporlei6la for peylgg elf tees for ih�sev9lopment applrWton, for flat IOR and re(arfal fdeb;I enrep to Pay the folloWing Mob fdr the services tridloated, I understand that these 114(w am ndh•rorVnOabte. not fee for trot too Ear $ flat fd @for fi Pat fee for dot dapsp It chase only; `fNe pity 001 undsrl tang that because of MR size, Mtlature or$cope of lltd proposed project,I1 a not posalb(Q at this time to Rnow the ntll ws nt.or loth)ooala lnva(vpd to pr�gbessigg IWOOpllcoti6n. .1 understand Met eaditional coals'over and above the daposft may accrue. ! unde�etand.and,egrde tbot,tt is Inipraoticahld for oily'alefl to complete processing, review, and preeenlat(on of'suttidlent Inrormpiipn to eticble !@gaily r��ujradiflldtn�e to ba matte fdr'prdJeot constde'rat[oi1,irnie�s tnvpl�a6 are paid In ICU,' The qtly bnd f undirstp�d grid agree tifat(nVolceB mallyd b the Oily to ills dbovo itstad bllling ed ftee MO oot rpturngd t0ihe pity shall�s cpnslderea by the Oily ea I4eingrapplyad by pie,i pgree to femlt payment Within 3Q days of presdnlallon at swinvolee by the city for such aelv1eea, have road,uh(Iat tQod yl and agree to the LOW Usa ftevlbw P06 p0119y Inoludi6p consequences for non-payment, i f3Ahe9.to.pA�!tgp ollgvh jrtftl2i dQpQAlt dtnounls for Ihp hpeofBed hollta of)rte f tfrn�. f und�r9idrid t}idt pAynidnt of a dsppafz deQ4 nPl rehear an applicatlon domfp100 dr Cogliont with spptdVpi Qtitetla, If bCtudi Pede ded.cbsts exceed the W(Isl do 0011, I spree to p,�y,agdltlgnvl tnont ly bfi((ng& to't a C�Ry to rel�bUta>? the G iy for(hb processing army apANoolton at the hourly Cates heralnatipr stated, 'dQpoott ror hoots of Commurilly,bevalgPmsnt pepsitmsnt staff time. �Addillonal thila q o e f1p gepQsJt r�trlWI 411rh—Oull 1pd @t$395 p er hdur. depapIl(Qr flours of Undlneetlndbepertlpallt,81011610,AddhlohW t1rho 9006 the dQpodlt emou ntbe bpled at$2 Bour. 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I C/O PARAGON RANCH INC 620 E HYMAN AVE#1 E ASPEN, CO 81611 GREENWAY COMPANY INC GROSFELD ASPEN PROPERTIES HIMAN LLC 666 TRAVIS ST#100 I ' (PARTNERS LLC ! PO BOX 6159 I SHREVEPORT, LA 71101 I !10880 WILSHIRE BLVD#2222 SWANBOURNE WA 6010 LOS ANGELES,CA 90024 AUSTRALIA, HOPKINS DEV LLC HORSEFINS LLC HUNTER PLAZA ASSOCIATES LLP 345 PARK AVE 33RD FLR 601 E HOPKINS AVE NEW YORK, NY 10154 ASPEN, CO 81611 205 S MILL ST#301A ASPEN, CO 81611 HURST FERN K IDS PARTNERS LLC ! INDY HOUSE LLC 1060 5TH AVE PO BOX 642 i 605 OCEAN BLVD NEW YORK CITY, NY 10128 GWYNEDD VALLEY, PA 19437 j ; GOLDEN BEACH, FL 33160 I ISRAEL FAMILY PARTNERSHIP LTD ; JARDEN CORPORATION NE LLP 615 OCEAN BLVD 2381 EXECUTIVE CENTER DR JEN JEN WINDSOR RD GOLDEN BEACH, FL 33160 BOCA RATON, FL 33431 ! : .AUSTIN,TX 77402 � ICI JOSHUA&CO REAL ESTATE HOLDINGS i ; LCT LP JOYCE EDWARD LLC 1310 RITCHIE CT TENNESSEE LIMITED PARTNERSHIP 300 S HUNTER ST PO BOX 101444 ASPEN, CO 81611 j CHICAGO, IL 60610 NASHVILLE,TN 37224-1444 li j . ® label size 1"x 2 5/8"compatible with Avery 05160/8160 Etiquette de format 25 mm x 67 mm compatible avec Avery 05160/8160 0918/09150&AV oou a1911edwoo ww L9 x ww 9Z lewaol ap 91190113 09 L8/0915®band g1IM alg!1udwoo«8/q Z x,,[us laqul � j 869ELZ£0£ VE) 'd1NHllb' ; MN b0 MOMdW AVAANOO 09-V J Wdl-IIIM N3JNIUV3MS 62968 OO 'll`dSVe : OZ9 X08 Od NOliVUOdUO0 SS` VYMONS i 60Z9L Xl'S` IIV(l 09L6#3AV k3NN1)1OW 006Z I`dSll'8I H13NN3>12t]=LINHOS , ZLZ06 `dO 'SIIIH Al2i3A38 09L#CIA-19 321I1-11SIIM 60V6 lsmu lsn2i OEZ9L Xl'SHllb'0 j lO AdM3NVI ZE66 011 S1S32i31NI A2wvno 6 6968 OO 'N3dS`d j 1S HilHON M L69 OOSSV S2GNMO OONOO b31N30 NINIld j L£V66 Vd 'A3llbA 003NAMJ 169 X08 Od l N3Hd31S'8 O 2JVVY dl ANSlllO '6219JZN` GVNVO OIad1NO` AAVil0 S3UO lNIOd kV8 L9, N313H UMl311`dN 99Z06 `dO 'nendW L91,X08 Od j lsnu AIIWdd NvsnS'8 NHOf O2JVNd1NOW 66968 OO 'N3dSb'! 3Ad N` VYAH 3 ZOL `d JVG2ib'811312ib'W 6898Z ON '311IA%2lU 1A` -L 9C6)(08 Od N3HOdWnHOS U3dINN3f 0/0 OO 31111 IUVM31S I WUL Xl'S`d1Td0 09L6 316 A3NNINOW 006Z 011 32in1NEIA AlIn03 dla U3A11S 26968 OO 'N3dSd L6817 X08 Od lsmlI A32i S dnlHd 13lVS j 9LOM AN NHOA M3N ' : V9Z#1S 081S`d3 017: . 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CALCULATIONS r , A17 - PROPOSED NET LEASABLE & LIVABLE AREA CALCULATIONS A18- PROPOSED F.A.R. CALCULATIONS A19- PROPOSED NON-UNIT CALCULATIONS � I ` it I 1 R •• 4: n AIL -e I K At r Y l pOSS ARCHITECTURE+ PLANNING Of 695 EAST MAIN STREET ASPEN. COEORA50 51611 �'-- (T)9101925 1155 {21 9101920 2956 20 1