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HomeMy WebLinkAboutcoa.lu.gm.602 e hyman 0070-2012 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0070.2012.ASLU PARCEL ID NUMBERS PROJECTS ADDRESS 602 E. HYMAN AVE PLANNER JESSICA GARROW CASE DESCRIPTION GMQS AND SUBDIVISIONS REPRESENTATIVE SUNNY VANN ASSCIATES. LLC DATE OF FINAL ACTION 1.14.13 CLOSED BY ANGELA SCOREY ON: 2.14.13 VANN ASSOCIATES, LLC Planning Consultants January 8, 2013 HAND DELIVERED Ms. Amy Guthrie Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Withdrawal of 602 East Hyman Avenue GMQS/Subdivision Application Dear Ms. Guthrie: As the authorized representative of EB Building Aspen, LLC, I hereby withdraw the GMQS/Subdivision application for 602 East Hyman Avenue which I submitted on November 26, 2012 on EB Building's behalf. Please refund the application's planning fee of$1,890.00 and the referral fees of$3,100.00 less any expenditures to date incurred by the Commurldty Ievlopment Department in connection with the processing of"the application. The refund should be sent to EB Building Aspen, LLC c/o Cristin D. Adam, Esq., Unity Hunt, Inc., 1601 Elm Street, Suite 4000, Dallas, TX 75201. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Sincerely, VAN ASSOCI TES, LLC u Vann SV:cwv d:\oldc\bus\city.Itr\ltr589i2.ag1 P.O. Box 4827 • Basalt,Colorado 81621 970/925-6958 Fax 970/920-9310 vannassociates @comcast.net MEMORANDUM TO: Plans were routed to those departments checked-off below: X ........... City Engineer X ........... Zoning Officer X ........... Housing Department X ........... Parks Department X ...........Aspen Fire Marshal X ...........Utilities/Public Works X ........... Aspen Consolidated Sanitation District X ...........Building Department X ........... Environmental Health ........... Holy Cross Electric ........... City Attorney ........... Streets Department ........... Historic Preservation Officer ........... Pitkin County Planning ........... County & City Disaster Coordinator ........... Police ........... Transportation ...........Parking FROM: Jessica Garrow, Community Development Department 429.2780 iessica. arg rowkcityofaspen.com DRC MEETING DATE: Wednesday, November 28th @ 1:30 Council Chambers PACKETS SENT: Tuesday,November 13, 2012 COMMENTS DUE: Friday, December 7, 2012 RE: DRC Review —602 E Hyman SUMMARY: The applicant proposes a third story addition on the building at 602 E Hyman. This is the building on the north-west corner of Hyman and Hunter, also known as the Ellie Brickham building. The project received conceptual Commercial Design Approval earlier this year. This application is for Subdivision and Growth Management Reviews. There are a number of large trees on the site, and the sidewalk is currently raised off the street. The applicant has indicated an interest, which was also supported by the Planning and Zoning Commission, to save the trees located on the corner of the Hunter-Hyman intersection. For Environmental Health—The applicant has changed the proposed configuration of the trash/utility area since the conceptual commercial design approval, so you are routed to ensure the revisions provide adequate space. We will likely need to amend their Special Review Approval to reflect the changes. THE CITY OF ASPEN Land Use Application Determination of Completeness Date: October 18, 2012 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it;or completeness. The case number and name assigned to this property is 0070.2012.ASLU — WE Hyman, GMQS. The planner assigned to this case is Jessica Garrow. ❑ Your Land Use Application is incomplete: Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Tha You, Jennifer Ph , Deputy Director City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required SPA - PUD- COWOP, Yes No Subdivision (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing---/-- Yes No Commercial E.P.F. REPTIVED n F T 1. 2 2017 C. ADEN 602 EAST HYMAN GMQS/SUBDIVISION APPLICATION AN APPLICATION FOR GROWTH MANAGEMENT AND SUBDIVISION APPROVAL FOR 602 EAST HYMAN AVENUE Submitted by: EB Building Aspen, LLC c/o Cristin D. Adam, Esq. Unity Hunt, Inc. 1601 Elm Street, Suite 4000 Dallas, TX 75201 (214) 415-9979 October 15, 2012 Prepared by: VANN ASSOCIATES, LLC Planning Consultants P.O. Box 4827 Basalt, Colorado 81611 (970) 925-6958 PROJECT CONSULTANTS PLANNER SURVEYOR Sunny Vann Jason R. Neil, L.S. 37935 Vann Associates, LLC Peak Surveying, Inc. P.O. Box 4827 P.O. Box 1746 Basalt, CO 81621 Rifle, CO 81650 (970) 925-6958 (970) 625-1954 ARCHITECT CIVIL ENGINEER Dylan Johns, Principal Yancy Nichol, P.E. Zone 4 Architects, LLC Sopris Engineering, LLC 608 East Hyman Avenue 502 Main Street, Suite A3 Aspen, CO 81611 Carbondale, CO 81623 (970) 948-6787 (970) 704-0311 ATTORNEY Arthur C. Daily, Esq. Holland & Hart, LLP 600 East Main Street Aspen, CO 81611 (970) 925-3476 i TABLE OF CONTENTS Section Page I. INTRODUCTION 1 II. PROJECT SITE 2 III. PROPOSED DEVELOPMENT 12 IV. REVIEW REQUIREMENTS 31 A. Growth Management 31 B. Subdivision 34 C. Vested Rights 40 APPENDIX A. Exhibit 1, Pre-Application Conference Summary Exhibit 2, P&Z Resolution No. 12, Series of 2012 Exhibit 3, Title Insurance Policy Exhibit 4, Permission to Represent Exhibit 5, Land Use Application Form Exhibit 6, Dimensional Requirements Form Exhibit 7, Application Fee Agreement Exhibit 8, List of Adjacent Property Owners B. Exhibit 1 , Ray Taylor Affidavit ii TABLE OF CONTENTS Section Page APPENDIX B. Exhibit 2, Sopris Engineering Report Exhibit 3, Tree Resource Evaluation iii I. INTRODUCTION The following application requests growth management and subdivision approval for the development of a third floor addition to the existing commercial/residential building located at 602 East Hyman Avenue in the City of Aspen (see Pre-Application Conference Summary, Exhibit 1, Appendix A, attached hereto). Conceptual commercial design review approval, and special review approval for the building's trash/utility/recycle area, were granted by the Planning and Zoning Commission("P&Z") on June 19, 2012 pursuant to Resolution No. 12, Series of 2012 (see Exhibit 2, Appendix A). Vested property rights status is requested for all approvals granted pursuant to this application. The application is submitted pursuant to Sections 26.470.070.4., 26.470.070.5 and 26.480.040.C. of the Aspen Land Use Regulations (the "Regulations") by EB Building Aspen, LLC (hereinafter "Applicant"), the owner of the property (see Title Insurance Policy, Exhibit 3, Appendix A). Permission for Vann Associates, LLC, Planning Consultants, to represent the Applicant is attached as Exhibit 4, Appendix A. A land use application form, dimensional requirements form, application fee agreement, and a list of property owners located within three hundred feet of the project site are attached as Exhibits 5, 6, 7 and 8, respectively. The application is divided into four sections. Section I provides a brief introduction to the application, while Section II describes the project site. Section III of the application outlines the Applicant's proposed development, while Section IV addresses the proposed development's compliance with the applicable review require- ments of the Regulations. For the reviewer's convenience, all pertinent supporting documents relating to the project (e.g., prior approvals, engineering report, etc.) are provided in the various appendices to the application. 1 While we have attempted to address all relevant provisions of the Regulations, and to provide sufficient information to enable a thorough evaluation of the application, questions may arise that require further information and/or clarification. We will provide such additional information or clarification as may be required in the course of the application's review. 11. PROJECT SITE The project site is legally described as Lots K and L, Block 99, City and Townsite of Aspen, and is located at the northeast corner of East Hyman Avenue and South Hunter Street. As the Improvement Survey on the following page illustrates, Lots K and L contain 6,002 square feet of "Lot Area" and are zoned C-1, Commercial. Improvements to the property consist of a two-story, concrete block building with a second floor deck and a partial basement; two landscaped courtyards fronting on Hyman Avenue; and a paved parking area located adjacent to the alley at the rear of the property. The parking area contains six conforming spaces. The building's tenants, however, frequently double load the spaces resulting in vehicular encroachments into the adjacent alley. A decorative metal fence encloses the southwest courtyard. A wooden fence extends from the rear of the building to the alley along the project site's western property line. An electric transformer and an easement therefore are located adjacent to the alley at the northwest corner of the property. Two small roofs located above the building's Hyman Avenue and Hunter Street entrances encroach into the adjacent street right-of- ways. Existing vegetation consists primarily of three large spruce trees which are located within the southwest courtyard and at the rear of the building behind the wooden fence. A small aspen tree and various ornamental trees and shrubs are located in the two courtyard areas. 2 The existing structure, which is commonly referred to as the Eleanor Brickham building, is believed to have been constructed in approximately 1960. According to the City's records, the building's design is characterized by spare simple forms, and displays a clarity of design, simplicity of decoration, and a modern approach to solid/void relationships characteristic of the Modern architectural movement. While the property is not historically designated, it is included on the City's AspenModern Map. Participation in the AspenModern program, however, is strictly voluntary. A site plan, floor plans, elevations and photographs of the existing building are provided on the following pages. As the existing floor plans illustrate, the building's basement and ground floor are presently devoted to office use, and contain approximately 1,653 and 2,175 square feet of net leasable area, respectively. A two-bedroom, free market dwelling unit containing approximately 1,531 square feet of net livable area and approximately 720 square feet of additional net leasable commercial area, which is presently used for office purposes, are located on the building's second floor. In total, the building contains approximately 4,548 square feet of commercial net leasable area. The building's existing floor area totals approximately 5,351 square feet. Approximately 401 square feet of the second floor office area contains a kitchen- ette which was apparently added without the benefit of required approvals, and which has been used from time to time as a so-called "Bandit" residential unit (see Affidavit, Exhibit 1, Appendix B). The two-bedroom, free market residential unit has existed since the building was constructed, and has historically been occupied by both non-residents and working residents of the community. As a result, the redevelopment of this unit is subject to the requirements of Section 26.470.070.5 of the Regulations, "Demolition or Redevelopment of Multi-Family Housing". 4 N IMPROVEMENT & TOPOGRAPHIC SURVEY LOTS K AND L, BLOCK 99, CITY AND TOWNSITE OF ASPEN / CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO 1 C I � MiWk7tMAN i, w_.y11 TRlF. LLReoE rl nao teRVicawwc I t?vey RAfBQAEr / i'NAH9 MUEi►f3p1 - Ta�.> \ PROPERTY DESCRIPTION FI PI.O ° Y � LII tN K null L.NLOCK•w,CITY-D LOwH91lY fk.iS'P(:N,CITY OF A.SPFN,COONTY OF%il(IN. !! ° •t ° LOU 717 L. 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NO r'Ic '--on B' Projm NO. rRN EB BUILDING ASPEN.LLC. PEAK 17-6 r 1 RN CITY OF ASPEN.COLORADO 12046 IMPROVEMENT&TOPO SURVEY Surveying,Inc. Aucusr 15,ml LOTS K&L,BLOCK 99 (9 16 5-19 Rifle.COKIe'5 I OF I rnoR�IVTOIe s-Ias -F KIV ale's-:vu �° 602 E.HYMAN AVENUE ,>F Ir uwH'.peNksurveYinginc.mm IEM.DWG Z O N E L FENCED IN ELCCTRICAL ARCHITECTS 0.0. BOX 2909 CONCRETE PAD._, ASP a N co 91 eta FOR TRASH t4VPW•2oma4ARom"om.coM CANISTER FCNCE- ALLEY UTILITY METERS PROPERTY 77----- -. _ BOUNDARY RCCYCLABLf BINS RETAINING WALL UNPAVED AREA 3 4 I.L1 6 SIDEWALK LANDSCAPE . 0 ANEAS � W m OUTLINE OF BUILDING ABOVE "UP 2 3: o t 1 i I •� I + r { 1 'i I .- .. .F. p Z I MECH .� a NORTH KM" � I '-.vHELVE9I � '.� �. _� II EL.•oo�--0-- � I I 1 < =9 CONCRETE- STOOP STORAGE BELOW BLbW IM'1Q 'I I 0 STORAGE BELOW (, , BUILDINQ j tGONntER 3A J J M64YI 1111FAK xc wNC � RASEMN7 LFVE<•L�UP I.L_�. _I W -- R"`""^^`°"� fSRKJK PAVERS 1 I 4'•5"HIGH -..I3TWxACE DEC,()RATNE FENCE "` �Ef i I OUTLINE I I '-..OUTLINE OF ,0 NEIGHBORING 9UILDWO NEIL IGRI NG BUILDING PLANTERS >M COURTY . i..k-7I ) C CAPE- . K II +100• j AREA I I r— L LIGHT AND ON :b I _,.-. zz- I av 01 06 73.1014 ENDED App, I I 01 10 i1.10146UBDIVISION APP. EAST HYMAN AVE. � NORTH (ONCEPTUAI DESIGN M Cox 95 01 EXISTING BASEMENT LEVEL PLAN __01 MAY,10i2 g$ �$°ems• NORTH BAS �l EXISTING SITE PLAN ua =1 o EXISTING SITE / EMENT LEVEL PLAN �.: ,vd A200 l� Z O N L cm_.....7 AR @HILLr_ S P.O. Box **0* ASP SN 00 8161* WWW.20N14AH01R107*.OON R UTILITYMETER$.. '06 I �J B �A204r W STORAGE SHED - � I� � �-�,` 7O,F, tRETE EN7 -CONCTHETE I I I ROOM T O.F,F. STUOP _-._- I +1L.r � ON UP RANGE I IL .• �EL riW�— ' m H ON�QQ� \ " W r - I — •�• � OUTLINE OF•. I"' - 'I ROOF BELOW OU(LINE OF I I CUNF..,_�,ERENCF I ••'• ( [ l E, "SOFFR ABOVE ROOFASOVE RfZOM ..== _.,.... II ..� LAUND V .Lasky SATs �..._. J� SKYLIGHT ABOVE Z TER I I STORAGE;I II iCOMM @R IAL) , BATH '-- — — CONCRCTESTOOR... I ".•,.. II P � x � p._ .................... ......,.«...._.,.. . ATM..: BATH -� - ue ,t ` II I "SEAMS ANO '� • KRCHENE17E ON $~ 9ORFITB ABOVE 03 --_ I I `i ReF :.. .. AXA.,.OPEN ! i' AST O.FF SEC j ONO LEVEL ———u—--.-.J L _.._,— '..BELOW BEDROOM 00 E.e108-2 1/>Z CH On 11 FF �� II II I I r��r�Awewrniaussra+ma �»- e. KILI;tl GG O K;Eni _.. 1'-5*HIGH II II DECORATIVE FENCE AI LV S S q 1_ I DECK AB OF BEAMS AND p .._..I .. ....._.. li I DECK ABOVE SOFFITS ABOVE 1 I FF CE p2pq;' SKI STORAGE� 1 `") � '�"'` FIXED SCREEN LdJ BRICK. (COMMEROLIL) "OUTLINE OP PECK ! "'OUTLINE OF / PAVERS --^-----„-- .--. C(rUR..TYAfjD NEIGHBORING BUILDING GUARDRAIL i OUTLINE OF-''" I '•.. .'.HALF WALLOFFIT 6 0VE ,.__OUTLINE OF -0 � ROOF ABOVE I I ".... I •ri _.._ OF COURTYARD..-,.., NEIGHBORING nI ON —_— Nom. PLANTER �� .............. _ ...,.1....�..,,.... ,_. , I vm nur. �wrw va ."PLANTER BELOW BUILDING SKYLIGHT CB,; 2 ABOVE A \Q u: LVN _-- BUIL�'INO BELOW GUARDRAIL a2.4�E.F&ECOrN.•D LEVF� W I I 3 ON 2 "' 4:,::,.•••, IJJ]"�'� -._ ._ -ROOF BELOW I I _s 01 08.13.2D12 AMENDED MP,� 02 10.12.2012 SUS--SENT�N gpP_I a NORTH 01 EXISTING FIRST LEVEL FLOOR PLAN 'I(8 a 1•-0" NORTH 02 EXISTING SECOND LEVEL FLOOR PLAN _ t/B a J T0" CONCEPTUAL DESIGN _ our. _ of NAY, 2 1 EXISTING FIRST T/SECOND LEVEL FLOOR PLAN s� A201 � Z - -O N E ®L �'r ARONI""a" LLO. P.O. BOx ssBe ASPEN CO 8101E WWW.SOND/ARONN6OY!.OON kl W G4 �ANr Q � OUTLINE OF ROOFBELOW j W j CSC a I OUTUNEOF SKYLIGHT �+ W OUTLINE OF.,... ROOF BELOW .�"• .,� ... -...- EXISTING ROOF watt --(DRAINS TO INTERNAL GUTTERS).,.' a? AMA LAJ rf E� OUTLINE OF -'OUTLINE OF PARAPET DECK BELOW --COURTYARD .�....,�, BELOW .,.,..-.OUTLINE OF �O HEIGHBORWG BUILDING OUTUNE OF OUTLINE OF SKYUGHT ROOF 9 �e OUTLINE OF ROOF BELOW ..� I( i 1 U 02 �� .* 1264 s 01 06,13,2D12 AMENDED APP. 02 1012.2D12 SUSDVISK) F __..__....._.,_..___-_._...-.__,......_.. pY �n EE:J8� NORTH LONG UAL DESIGN s EXISTING ROOF PLAN 01 "A'Y, 2012 &,m r* EXISTING ROOF PLAN _ A202 �A Z O N E ARCHtTSCT$ uc. P.O. Box 2606 F ASPEN CO 81618 www.ZON34MONR6CT6.COM I 1 LLLL_LLLLLLLL LLI I LLL--LLL,L "i Q ((,,�L LLLLLLLLH L.LLI 1_LLLnnrrrrww LL.I.I,.LLI-1 LLLLLLLL LI ILLLL LLL LLLLI_LL LLL_ LLLLL LLLt.L I'IiLLLI COyZR7VARO ' ; g i _ w L LL LL LL TOTAL FLUOR AREA: 2400,7 B.F. TOTAL FLOOR AREA: 2553A S.F. ouEnnm wcwoswrenwnns) LLI NET LEASABLE AREA 400.6 (OFFICE pi/COMMERCIAL) NET LEASABLE AREA: 2175,2 S.F. Z V (COMMERCIAL) MCC NET LEASABLE AREA: 310.6 S.F. ...._...._.,._ (OFFICE W/COMMERCIALI NONUNR AREA, 181.6 S.F. NET LMABLE AREA: 1530.6 S.F. i OVERHANG AREA 315A S.F. z �_ (RESIDENTIAL) •'y+ ?� � NONUNIT AREA 66.:1 S.F. +s1� DECK AREA: 2103 S.F. NORTH NORTH SECOND LEVEL AREA PLAN FIRST LEVEL AREA PLAN w C13 1(®^■1,•D. 02 1<6^■i<6^■r o N W LEGEND ' O NET LEASABLE AREA ,O M._C11 6 NET LIVABLE AREA ____ M _________r _ I NONLINIT AREA .m ., I I � I L_LLLI. ' x LLLLL LLLL L � L.LLI_ DECK AREA MECH 06.13.1012 AMENDED APP. 0I 10.12.1012 SUBOPJISION APP. e Lj — e: OVERHANG AREA — I b z TOTAL E)0STING AREA: F j 1 TOTAL FLOOR AREA: 5032.1 S.F. — z (DOES NOT INCLUDE OVERHANGS) TOTAL FLOOR AREA: 5350.5 S.F. � (INCLUDING OVERHANGS) I CONCEPTUAL DESIGN OVERHANGS: 318.4 S.F. ; N= TOTAL NONLINIT AREA: 257.9 S.F. L--------- 01 MAY,2012 $ TOTAL NET LEASABLE AREA: 4548.1 S.F. FLOOR AREA 1970.2 S.F. EXISTING FLOOR PAN I%OE%POSEDWNLW%'rwmfrm WM f AREA (COMMERCIAL) FROM TOTAL FLOOR AREA) TOTAL NET LIVABLE AREA: 1530.6 S.F. NET LEASABLE 1552.56.F. e (RESIDENTIAL) s DECK AREA: 216.7 S.F. 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B Ox 2508 ASPEN CO 81812 W WW20NE4ARCP ITECTS.COM i 2 DECK 107 Aq R FLOOR AREA 2.588 Aq R �y JHIRD LEVEL) U( FLOOR AREA:ET) 2.550.2•q R Q w Y (FREE MARK 4 Y DECK. 437 p R O Z ° NON UNIT SPACE 54 oq R w W Ja 0000 JZ� e o; I zap F owg Z NY o o 0 o ;u Z a = pwW Jaoa H mco 10a � Q w� W — N g O 1 ID N O t0 z - ------ ----- FI E �9 a� BYJ REVISIONS JDATE i of I AMAEKOW APP.MI3.17 � o7 D O WWM�IONAF 10.17.17 �� es, Drum by: Z4A i:e� N N CONCEPTUAL DESIGNS �2�, ROOF LEVEL AREAROOF LEVEL AREA 1 THIRD LEVEL FLOOR AREA D,MAY,2012 2 BCAL 7M" •• 1'-O� I i SCALE tA" • 7'•0� jE PROPOSED FLOOR 3p AREA A303b Z O . N E �Q Q TOTAL NET AREAS TOTAL ' NET LEASABLE AREA(COMMERCIAL) 154e.1 SO.FT. d� ® NET IEASASIF AREA AFFORDABLE HOUSING NET LIVABLEAREA 1539.8 SO.FT. (COMMERCIAL) RESIDENTIAL(FREE MARKET)NET UVABLE AREA 2432.7 SO.FT. m"r NET UVASLE AREA I (FREE MARKET) ARCHITECTS L L 0. i INETILIVABLE AREA P.O. 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T.O�PARAPET TAO.F.F,THIRD LEVEL b —a Q El El �aa OPEN TO EXTEM"BEYOND ipsp # —_—_—_—_ _—_—_— ---------- ------------------------- -------—_—_—_—_—_—_—_—_—_ _—_ A EL�10E72" ! z STEEL COLUMN -----1 T '-2 D LEVEL i4 BY RENSIONB DATE O1 AMMENOMAPP.Mle12 F 02 WISM"IONAPP.10.1112 x �E T—P p,F,F,FIRST LEVEL pE E%MTMO GRAD[TO RlMAIN EXISTING GRADE AT — — — — — — — — — ————— —— — — I ' Drawn by: AC ZM PS R FADE BEYOND CONGIER���1pNBELOW I I I CONCEPTUAL DESIGN —_—_—_—_—_—_—_ ,L EL.B1'-712" 01 MAY,2012 ; —_—_—_—_— __—_—_—_—_—_—_ _—_—_—_—_ _—_—_ r—_—_—_ FT 0. g/LgEBASEMENT LEVEL g� — — —— ——— ————— _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ j 3e PROPOSED e ELEVATIONS 9 PROPOSED WEST ELEVATION 01 x€ SCALE'3115" 1'-0" �y ytl A305 N �: which protrudes over the courtyard at the southwest corner of the property and the exterior stair that provides access thereto will be removed to enhance the courtyard's appearance and functionality. The existing stair will be replaced with a new exterior stair to be constructed in the central courtyard. The replacement stair is required to meet International Building Code requirements and will provide secondary access to the building's basement commercial space, the second floor affordable housing unit, and the proposed third floor free market unit. The third floor, free market residential unit has been setback from the existing south and west facades and the interior courtyard to preserve the simplicity of the existing building's form, to limit trimming the upper branches of the adjacent large spruce trees, and to reduce the visual impact of the addition when viewed from neighboring streets. To accommodate the setback, the unit extends over a portion of the parking area at the rear of the property. The unit's fenestration will consist of relatively large glazed areas that are consistent with the existing building's window treatments, and which will serve to lighten the massing of the third floor addition. An outdoor deck with a glass guardrail will be provided above the second floor affordable housing unit for the benefit of the third floor free market unit. A small outdoor deck will also be provided at the uppermost level of the new stairway to be constructed at the rear of the building. As presently envisioned, the existing building's ground floor painted concrete block and second floor stucco finishes will be retained. The third floor addition will be sheathed with horizontal wood siding. The maximum height of the third floor addition will be approximately thirty-six feet measured to the top of the highest parapet. The expanded building will contain a total floor area of approximately 8,807 square feet of which approximately 2,998 and 3,563 square feet will be contained within the free market unit and above grade commercial areas, respectively. The affordable housing unit 22 will contain approximately 1,539 square feet of net livable area. The building's net leasable commercial area will total approximately 4,548 square feet. The building's commercial net leasable area will require the provision of five off- street parking spaces (i.e., 4,548 Sq. Ft. _ 1,000 = 4.5 Spaces). No on-site parking is required for residential uses in a mixed-use building in the C-1 zone district. As the proposed site plan illustrates, two spaces will be provided adjacent to the alley, one of which has been designed to meet ADA accessibility requirements. Only two spaces can be provided given existing grade conditions and the access requirements of the ADA space. The Applicant will make a payment-in-lieu of the three additional required commercial parking spaces. A payment-in-lieu of providing on-site parking is permitted in the C-1 zone district pursuant to Section 26.515.030 of the Regulations. Pursuant to Section 26.575.030.B. of the Regulations, mixed-use developments within the C-1 zone district are required to provide public amenity space in an amount equal to 25 percent of the project site. In lieu thereof, off-site public amenity space can be provided or a payment-in-lieu can be made to the City subject to P&Z approval. For redevelopment of parcels on which less than 25 percent public amenity space currently exists, the Regulations provide that the existing percentage is the effective requirement provided no less than 10 percent is required. Based on the above, approximately 1,500 square feet of public amenity space would normally be required unless the amount were reduced by the P&Z as provided for in Section 26.575.030.D.1. As the Existing Public Amenity Space plan on the following page illustrates, approximately 1,040 square feet, or 17 percent of the project site, presently complies with the applicable design standards for public amenity space. This amount, therefore, constitutes the effective public amenity space requirement for the project site as it is less than 25 percent and greater than 10 percent. 23 MW , The two existing courtyards will comprise the majority of the project's public amenity space, both of which abut the adjacent sidewalks. An additional area of public amenity space will be created at the rear of the site and adjacent to the Hunter Street sidewalk as a result of the relocation of the fence that presently blocks the view of this area, and the relocation of the existing dumpster/trash bins to more screened locations. The proposed public amenity areas will be open to the sky; accessible to the public; and, with the exception of the existing courtyard at the southeast corner of the property, level with the sidewalk. The existing landscaping within the courtyards will be improved and the additional Hunter Street public amenity area will be landscaped, plans for which will be submitted with the Applicant's final commercial design review application. As the Proposed Public Amenity Space plan on the following page illustrates, The project site's public amenity space will increase as a result of the removal of the deck which currently abuts the existing second floor residential unit, and the relocation of the existing fence which abuts the sidewalk at the rear of the property. The removal of the deck and relocation of the fence will increase the project site's public amenity space to approximately 1,397 square feet, or 23 percent. No variance from the applicable public amenity space requirement, therefore, will be required. The Applicant's conceptual commercial design review application was approved subject to several conditions. Two of the conditions pertain to the building's public amenity space and the height of its third floor addition, and are to be addressed at final commercial design review. Conditions to be addressed in connection_ with this application require: i) the removal of a wall separating the recycling bins from the alley, ii) the provision of accessible sidewalks adjacent to the property, iii)compliance with the City's Urban Runoff Management Plan, and iv) lifecycle planning for the property's existing spruce trees. 25 Z O N B dL --�r AROHITtOTi ue P.O. tax !!O• AtPlN CO tt tt! WWW.20M4ANOWITN t.aOM J W � cc �� . 1 a II s 11 (eoAll I1 r 11 I W If a ii- ^� ii i i ', f o � LEGEND -- a PUBLIC AMENITY AREA _ rp --- / y IC AMENITY AREA: 10404 S.F. I 01 0&132012AMENDFDAPPL ' 02 10.12. U H APP. t I I L---- ---- r---� �i SITE PLAN CONCEPTDAI DESIGN g 01 MAY,2012 ! NORTH m"'k EXISTING PUBLIC AMENITY SPACE E PUBLIC 01 1/8".V-0" AMMENIENIG TY SPACE f� tl PAS I ® Z O . N E A R C H I T E C T 8 LLO. P.O. BOX 2508 ASPEN CO 81812 WWW ZONE4ARCHTECTS.COM I � J W O w a • W u � �Z� i Z Z �5. 9 r ZS = Ow Z j co 0 to Q w0 W - LEOEtln N p ® m _ c PROPOSED PUBLIC AMENITY AREA N W i PROPOSED PUBLIC AMENITY AREA: 7396.S W R kii 9! 3 i fE� Q� BYJ REVISIONS 16AiF _ FAMMENDFDAPP...1112 y Ot BUWMSIDN APP.10.1}.I, Dnlwn by-. 2M Q 0 N CONCEPTUAL DESIGN DT MAY,2012 � a. PROPOSED PUBLIC AMENITY SPACE PROPOSED PUBLIC AMENITY SPACE I pe PAS 2 As the proposed site plan illustrates, the wall which previously separated the recycling bins from the alley has been removed. With respect to the sidewalks, Sopris Engineering has designed a "bulb-out" within the Hyman Avenue/Hunter Street rights-of- way that will allow the installation of ADA compliant ramps. The proposed bulb-out, which is depicted on the site plan and addressed in detail in the attached Engineering Report, eliminates the need to regrade the existing sidewalks and will not adversely impact the adjacent spruce trees. The impact of lowering the sidewalks on the trees was a specific concern identified by the Parks Department during conceptual design review and is addressed in detail in the attached Tree Resource Evaluation prepared by Aspen Tree Service, Inc. (see Exhibit 3, Appendix B). The Tree Resource Evaluation essentially concludes that the three existing spruce trees "...are in overall poor health, and ... are not likely to be viable on the site for more than 5-10 more years with or without development impacts. " The poor condition of the trees notwithstanding, the Applicant would like to retain the trees for as long as reasonably possible. The proposed accessible sidewalk solution will eliminate the most significant adverse development impact to the trees, and implementation of the recommendations contained in the Tree Resource Evaluation will hopefully contribute to their lifespan. The Applicant will provide a Tree Protection Plan at building permit submission as recommended in the Evaluation. Should removal of one or more of the trees be required in the future based on the arborist's recommendation, the Applicant will apply for a tree removal permit and comply with the City's applicable mitigation requirements. Compliance with the City's Urban Runoff Management Plan is addressed in Section IV.B.3.k) of this application. The proposed development complies with all of the dimensional requirements of the C-1, Commercial, zone district. The height of the proposed third floor addition is 27 less than the maximum allowed, while the project's pedestrian amenity space exceeds the minimum required. The project's total cumulative floor area is also less than the maximum allowed as is the project's net leasable commercial area. The proposed free market residence's floor area and net livable area are within the maximum allowed, and the residence's net livable area is less than the building's above grade commercial floor area. The applicable parking requirement will be met via a combination of on-site spaces and a cash-in-lieu payment. The project's development data, and its compliance with the C-1 zone district's dimensional requirements, is summarized in Table 1, below. Table 1 Development Data Lots K and L, Block 99, Aspen Townsite 1. Existing Zoning C-1, Commercial 2. Existing Lot Size (Sq. Ft.)' 6,002 3. Existing Lot Area for Density/Floor Area 6,002 Purposes (Sq. FLY 4. Existing Development Office/Residential Floor Area (Sq. Ft.)3 5,351 Basement -- Ground Floor 2,870 Second Floor 2,481 Net Leasable Area (Sq. FLY 4,548 Basement 1,653 Ground Floor 2,175 Second Floor 720 Net Livable Area (Sq. Ft.) 1,531 Second Floor 5. Minimum Required Lot Size (Sq. Ft.) No Requirement 6. Minimum Required Lot Area/Dwelling No Requirement Unit (Sq. Ft.) 28 7. Minimum Required Lot Width (Feet) No Requirement 8. Minimum Required Setbacks (Feet) Front Yard No Requirement Side Yards No Requirement Rear Yard No Requirement 9. Maximum Allowable Height (Feet) 40 Two-Story Elements 28 Three-Story Elements' 36 10. Maximum Proposed Height (Feet)' 36 11. Minimum Required Pedestrian Amenity Space Percent 17 Area (Sq. Ft.) 1,040 12. Proposed Pedestrian Amenity Space Percent 23 Area (Sq. Ft.) 1,397 13. Maximum Allowable Cumulative Floor' 15,005 Area @ 2.5:1 (Sq. Ft.) Commercial Uses @ 1.5:1 9,003 Free Market Residential @ 0.5:1 3,001 Affordable Housing No Limitation 14. Proposed Cumulative Floor Area (Sq. Ft.) 8,807 Commercial Uses 3,563 Free Market Residential 2,998 Affordable Housing 1,875 Others 371 15. Proposed Floor Area Ratio 1.47:1 16. Maximum Allowable Free Market Residential 2,000 Net Livable Area (Sq. Ft.)9 29 17. Proposed Net Livable Area (Sq. Ft.)5 Free Market Residential Unit 2,433 Affordable Housing Unit 1,539 18. Proposed Net Leasable Commercial4 4,548 Area (Sq. Ft.) 19. Minimum Required Parking Spaces Commercial Uses @ 1 Space/1,00010 5 Sq. Ft. Net Leasable Area Free Market Residential No Requirement Affordable Housing No Requirement 20. Proposed Parking Commercial Uses 2 Free Market Residential None Affordable Housing None 1 Per the Improvement Survey Plat prepared by Peak Surveying, Inc. dated August 15, 2012. Z No reduction in Lot Area required due to steep slopes, rights-of-way or surface easements. 3 Calculated pursuant to Section 26.575.020.D. 4 Calculated pursuant to Section 26.575.020.I. 5 Calculated pursuant to Section 26.575.020.J. 6 Maximum allowable height may be increased to 42 feet via Commercial Design Review. Measured to the top of the rear stairway parapet. - - - - 8 Consists of non-allocated roof overhangs and mechanical area. 9 Pursuant to Section 26.710.150.D.12., may be increased to 2,500 square feet subject to the surrender of one Transferrable Development Right Certificate at building permit. 30 10 Pursuant to Section 26.515.030, may be met via a cash-in-lieu payment. As discussed previously, all required utilities are available in the immediate site area and are either adequate or may be easily upgraded to serve the proposed develop- ment. All utility extensions will be located underground, and appropriate easements will be dedicated to the various public utilities in the event required. IV. REVIEW- REQUIREMENTS_ The proposed development requires growth management approval for the proposed third floor free market residential unit and the second floor affordable housing unit. Subdivision approval is also required as the mixed-use building will contain more than one residential unit. Each of these review and approval requirements is addressed below. A. Growth Management 1. Demolition or Redevelopment of Multi-Family Housing. The demolition of free market, multi-family housing which has historically housed working residents of the community is subject to the replacement/mitigation provisions of Section 26.470.070.5.1. of the Regulations. As the existing second floor residential unit has from time to time housed such residents, the reconstruction credit derived therefrom, which is to used to develop the third floor free market unit, is subject to mitigation. Pursuant to Section 26.470.070.5.8.d), the demolition or conversion of so-called "Bandit" units is exempt from the Regulation's replacement/mitigation requirements. No mitigation, therefore, is required for the removal of building's existing Bandit unit. Pursuant to Section 26.470.070.5.1.a), the required mitigation may be provided in the form of replacement housing consisting of the number of units, bedrooms and net livable area demolished. The replacement units are required to be deed restricted 31 pursuant to the Aspen/Pitkin County Housing Authority's ("APCHA") resident occupied guidelines. This section of the Regulations, however, specifically permits an Applicant to provide mitigation at a lower income and occupancy category. The replacement units must be approved pursuant to Section 26.470.070.4., "Affordable Housing". When this replacement requirement is met, the remaining development may be free market residential development with no additional affordable housing mitigation required provided that there is no increase in the number of free market residential units on the property. As Table 1 indicates, the existing building's two-bedroom, free market residential unit contains approximately 1,531 square feet of net livable area. As no significant changes are proposed to the existing unit, the replacement requirements of Section 26.470.070.5.1.a) are met. As provided for in Section 26.470.070.5.1.a), the Applicant proposes to deed restrict the replacement affordable housing unit to APCHA's Category 4 rental guidelines. A rental deed restriction as opposed to a Resident Occupied restriction will permit the leasing of the unit to a wider range of individuals while maintaining a limited degree of owner control over its occupants. The required deed restriction will be submitted for review and approval by APCHA prior to issuance of a Certificate of Occupancy for the free market addition. 2. Affordable Housing. Pursuant to Section 26.470.070.4., the development of deed restricted affordable housing units requires a GMQS allotment and is subject to P&Z approval. The applicable review criteria, and the proposed conversion of the building's existing free market unit to a deed restricted affordable housing unit compliance therewith, are addressed below. a) The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing Authority. 32 The proposed affordable housing unit complies with the applicable requirements of APCHA's Affordable Housing Guidelines. The two-bedroom unit will contain approximately 1,539 square feet of net livable area. The unit will be deed restricted to APCHA's Category 4 rental income and occupancy guidelines. b) Affordable housing required for mitigation purposes shall be in the form of actual newly built units or buy-down units. Off-site units shall be provided within the City limits. Units outside the City may be accepted as mitigation by the City Council pursuant to Paragraph 26.470.090.2. If the mitigation requirement is less than one (1) full unit, a cash-in-lieu payment may be accepted by the Planning and Zoning Commission upon a recommendation from the Aspen/Pitkin County Housing Authority. If the mitigation requirement is one (1) or more units, a cash-in-lieu payment shall require City Council approval pursuant to Paragraph 26.470.090.3. Require affordable housing may be provided through a mix of these methods. The proposed development's affordable housing mitigation will be provided in the form of an on-site unit. Off-site units and cash-in-lieu payments are prohibited pursuant to Section 26.470.070.4. of the Regulations. c) Each unit provided shall be designed such that the finished floor level of fifty percent (50%) or more of the unit's net livable area is at or above natural or finished grade, whichever, is higher. The proposed affordable housing unit is located 100 percent above grade. d) The proposed units shall be deed restricted as "for sale" units and transferred to qualified purchasers according to the Aspen/Pitkin County Housing Authority Guidelines. The proposed units may be rental units, including but not limited to rental units owned by an employer or nonprofit organization, if a legal instrument in a form acceptable to the City Attorney ensures permanent affordability of the units. The affordable housing units will be owned by the Applicant and rented to qualified employees of the Community. In the event required, a nominal ownership interest (i.e., an undivided 1/10 of 1 percent) will be conveyed to APCHA to address the State's prohibition against rent control. 33 B. Subdivision As the proposed development includes multiple dwelling units, subdivision review pursuant to Section 26.480.050 of the Regulations is required. The various review criteria, and the proposed development's compliance therewith, are addressed below. 1. General Requirements. Pursuant to Section 26.480.050.A., the proposed development must comply with the following general requirements. a) The proposed subdivision shall be compatible with the mix of development in the immediate vicinity of the parcel in terms of density, height, bulk, architecture, landscaping and open space, as well as with any applicable adopted regulatory master plan. As discussed in Section II of this application, the character of the immediate site area can be described as a mixed-use neighborhood containing a variety of commercial, office and residential land uses. A three-story building was recently approved for the vacant parking lot located across from the property on the northwest corner of Hyman Avenue and Hunter Street. A new three-story building on the so-called Garfield and Hecht property, and a third floor addition to the existing structure located immediately to the east of the property are presently undergoing review by the City. The proposed addition is clearly compatible with the mix of existing and proposed development in the vicinity of the property, a conclusion also reached by the P&Z in connection with the Applicant's receipt of conceptual commercial design review approval. b) The proposed subdivision shall be consistent with the character of existing land uses in the area. The proposed development is consistent with the character of existing land uses in the surrounding area. Neighboring land uses consist primarily of retail commer- 34 cial/office uses and mixed use buildings containing both free market and affordable housing components. c) The proposed subdivision shall not adversely affect the future development of surrounding areas. The proposed development will have no adverse effect on the development potential of neighboring properties. d) The proposed subdivision shall be in compliance with all applicable requirements of this title. The proposed development has been designed to comply with the applicable requirements of the C-1, Commercial, zone district and all relevant provisions of the Aspen Land Use Regulations. As Table 1 indicates, the Applicant's project complies with all of the C-1 zone district's dimensional requirements, and is believed to comply will all other applicable provisions of the Regulations. 2. Suitability of Land for Subdivision. The proposed development must comply with the following requirements. a) The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudf low, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety, or welfare of the residents in the proposed subdivision. No natural hazards are believed to adversely affect the project site. Consequently, no adverse impact upon the health, safety or welfare of the proposed development's residents is anticipated. b) The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. 35 No governmental inefficiencies, duplication of facilities, or unnecessary public costs will occur as a result of the provision of public services to the proposed development. All required utilities are presently available in the immediate site area. All costs associated with the extension of utilities or the installation of public improve- ments to serve the project which have been identified in this application will be borne by the Applicant. 3. Improvements. Pursuant to Section 26.480.060.C., the proposed development must provide the various subdivision improvements set forth in Chapter 26.580 of the Regulations. The required improvements, which are described in detail in Section 26.580.020.A.1, are addressed below. a) Permanent Survey Monuments No subdivision of the project site is proposed. As the Improvement Survey indicates, all property corners are presently identified with permanent survey monuments. The installation of additional survey monuments, therefore, is not required. b) Paved Streets The proposed development does not contain internal streets. Any existing street pavement, however, which is adversely impacted as a result of the proposed development will be repaired. C) Curbs, Gutters and Sidewalks As discussed in Section III of this application, the Applicant will construct a "bulb-out" within the Hyman Avenue and Hunter Street rights-of-way which will include access ramps that comply with applicable ADA requirements. The "bulb-out" is proposed in lieu of lowering the adjacent sidewalks which would have an adverse 36 impact on the project site's existing spruce trees. New curb and gutter will be installed in connection therewith as may be required. d) Paved Alleys The alley at the rear of the project site is presently paved. Any existing alley pavement, however, which is adversely impacted as a result of the proposed development will be repaired. e) Traffic Control Signs, Signals or Devices No traffic control signs or signals are believed to be required. f) Street Lights No street lights are required as a result of the proposed development. g) Street Name Signs Street names and associated signs are not required as a result of the proposed development. h) Street Trees or Landscaping No additional street trees are believed to be required. Existing vegetation within the East Hyman Avenue and South Hunter Street right-of-way will be protected during construction pursuant to Parks Department requirements. i) Water Lines and Fire Hydrants Water service will be provided from the existing main in Hyman Avenue. As Sopris Engineering's report indicates, a new service connection for the building will be installed and sized to accommodate it's combined domestic and fire flow require- 37 ments. The existing commercial space and new free market unit will be individually metered for billing purposes. P Sanitary Sewer Lines Sewer service will be provided from the existing sanitary sewer located in the alley at the rear of the project site. The existing service line will be inspected and a new line installed in the event required. While no downstream constraints have been identified by the Aspen Consolidated Sanitation District ("ACSD"), the Applicant will pay the required pro-rats share of the costs to address such issues in the event required. k) Storm Drainage Improvements and Storm Sewers The City's Urban Runoff Management Plan requires that any development that disturbs more than 1,000 square feet and disturbance that exceeds 25 percent of the entire lot water quality treatment and detention for the entire property. As the attached engineering report indicates, approximately 105 cubic feet of water quality volume will need to be treated given the project site's proposed impervious area. This volume will be treated via the use of "rain gardens" to be installed primarily in the project's landscaped public amenity areas. Given site constraints, a fee-in-lieu of the required detention will be paid by the Applicant. Sopris Engineering estimates that the fee will be approximately $23,500.00 based on the project's proposed impervious area. A detailed drainage plan will be submitted for review and approval by the City's Engineering Department with the building permit application for the project. 1) Bridges or Culverts No bridges or culverts are required. m) Electrical Lines 38 Electrical service is presently available from the transformer located at the entrance the alley and will be upgraded as required to serve the proposed development. As presently envisioned, separate meters will serve the commercial uses and the free market residential unit. n) Telephone Lines Telephone service is presently available in the alley, and will be extended as may be required to serve the proposed development. o) Natural Gas Lines Natural gas service is presently available in the alley, and will be extended as may be required to serve the proposed development. P) Cable Television Lines Cable TV service is presently available in the alley, and will be extended as may be required to serve the proposed development. 4. Affordable Housing. As discussed in Section III of this application an on-site, replacement affordable housing unit will be provided as required pursuant to Section 26.470.070.5.1.a) of the Regulations. 5. School Land Dedication. The proposed development must comply with the school land dedication requirements of Chapter 26.630 of the Regulations. Pursuant to Section 26.630.030.B., an applicant may make a cash-in-lieu payment to the Aspen School District to satisfy the school land dedication requirements. As provided for in Section 26.630.040.B., the Applicant will make the required payment in lieu of a land dedication prior to the issuance of a building permit for the project. 39 A subdivision plat and agreement will be submitted for review and approval by the Engineering Department and COMDEV following the receipt of subdivision approval and prior to building permit submittal. C. Vested Rights In order to preserve the land use approvals which may be obtained as a result-of-this application, the Applicant hereby requests vested-property rights status pursuant to the provisions of Section 26.308.010 of the Regulations. It is our understanding that final approval of the proposed development must be granted by ordinance of the City Council and that a development order must be issued by the Community Development Department with respect thereto. It is also our understanding that no specific submission requirements or review standards other than a public hearing are required to confer such status. 40 EXHIBIT n C..T 1 2 2012 / Ct OP 4 CITY OF ASPEN �1A 1 1,LV ,Or PRE-APPLICATION SUMMARY PLANNER: Jessica Garrow,429-2780 DATE:7.6.12 PROJECT: 602 East Hyman Avenue, REPRESENTATIVE: Sunny Vann, Vann Associates 925-6958 DESCRIPTION: The applicant is interested in adding an addition to the third floor of the existing commercial building at 602 East Hyman. The building currently has commercial space on the basement, first, and second floors, as well a free-market residential unit and some commercial space that has been used as a bandit residential unit on the second floor. The applicant is proposing to reconfigure the 2"d floor space as an affordable housing unit,and to add a third floor that will be a free-market residential unit. No increase in the amount of commercial net leasable space is proposed. The applicant received conceptual commercial design approval for the proposal on June 19,2012. 602 East Hyman is located in the C-1 Commercial Zone District. There are a number of large trees on the site that the applicant plans on maintaining. The applicant is working with the Parks and Engineering Departments regarding the trees and sidewalk accessibility.This issue must be addressed as part of the Subdivision application. The property is about 6,000 square feet in size. 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 residential units do not require onsite parking. Commercial net leasable area requires parking spaces at a rate of 1 space/1,000 square feet of net leasable area. Any existing deficit in parking can be maintained. Properties in the C-1 zone district are permitted to pay cash in lieu for parking by right ($30,000/space). The applicant proposed 5 on-site parking spaces. The demolition and redevelopment of a free-market residential unit as well as the creation of an affordable housing unit requires growth management reviews. These are both Minor P&Z reviews, which can be applied for at any time of year. The applicant has indicated that the existing free-market residential unit has been rented by local residents, and is therefore subject to Multi-Family Replacement requirements. The Bandit unit is proposed to be eliminated, and is exempt from Multi-Family Replacement Requirements. The applicant is proposing to demolish the exiting free-market unit and replace it at 100% mitigation with a deed-restricted unit. This means that the applicant can replace the existing one free-market unit on the site and not incur additional affordable housing mitigation, even if it is expanded. The applicant will mitigate their affordable housing requirement on-site. The redevelopment triggers Subdivision review by City Council upon a recommendation from the Planning and Zoning Commission because there are multiple residential units proposed in a mixed-use building. 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 application. 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 changed 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. Review criteria for Subdivision and Growth Management reviews related to compliance with the AACP were amended in that Ordinance. Impact fees are triggered by the addition of new let livable residential space. These fees are calculated at the time of building permit issuance. The applicant is also required to receive Final Commercial Design Review. This can be processed in conjunction with or subsequent to the Subdivision Review. This is at the Applicant's option. The review process would be as follows(all steps require public hearings): Step 1: P&Z for Minor Growth Management and recommendation of Subdivision to council Step 2: City Council for Subdivision Review. Step 3: P&Z for Final Commercial Design Review. Please note that final Commercial Design Review can be combined with step 1. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.470 Growth Management 26.470.050 Growth Management: General Requirements 26.470.070.4 Development of Affordable Housing 26.470.070.5 Demolition or redevelopment of multi-family housing 26.480 Subdivision 26.575.020 Calculations and Measurements 26.515 Off-street parking 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.aspenRitkin.com/Departments/Community-Development/Planning- and-ZoningfTitle-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-DevelopmentIPlanning-and-Zonlna/Cunrent-Planninni A link to the Land Use Application is here: http:/Iwww aspenpitkin com/Departments/Community-DevelopmentIPlanning-and-Zoning/Applications-and-Feed Review by: Staff for complete application P&Z, and City Council Public Hearing: At P&Z and City Council. Neighborhood Outreach:Yes, prior to first public hearing at P&Z. Planning Fees: $7,560 for 24 hours at$315 per hour Referral Fees: Parks: $1,260 flat fee, Engineering $265 per hour,APCHA: $1,260 flat fee. Total Deposit: $10,345 Total Number of Application Copies: 28 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 proposed dimensional requirements as well as landscaping plan. 10. A 3-D model of the proposal in context. 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. 12. Plans and written information regarding a solution for achieving ADA accessibility of the sidewalk and preserving the large trees. 13. All other materials required pursuant to the specific submittal requirements. 14. 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. 15. 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. 16. List of adjacent property owners within 300'for public hearing 17. Copies of prior approvals. 18. Applications shall be provided in paper format(number of copies noted above) as well as 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. EXHIBIT Z RESOLUTION N0. 12, (SERIES OF 2012) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING CONCEPTUAL COMMERCIAL DESIGN REVIEW AND SPECIAL REVIEW FOR THE TRASH / UTILITY / RECYCLE AREA, FOR A REMODEL AND ADDITION CONSISTING OF COMMERCIAL AND RESIDENTIAL SPACE FOR THE PROPERTY LOCATED AT 602 E HYMAN AVE, LEGALLY DESCRIBED AS LOTS K & L, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-182-12-003 WHEREAS, the Community Development Department received an application from Daniel L Hunt, represented by Sunny Vann of Vann Associates, LLC requesting of the Planning and Zoning Commission approval of Conceptual Commercial Design Review, and Special Review for the Trash/Utility/Recycle Area, to remodel the existing building and add 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 and the Special Review Standards for the Trash/Utility/Recycle Area; and, WHEREAS, the Applicant amended the application on June 13, 2012 for the June 19, 2012 Planning and Zoning hearing, which staff recommended in favor of; and, WHEREAS, during a duly noticed public hearing on June 19, 2012, the Planning and Zoning Commission approved Resolution No. 12, Series of 2012, by a five to zero (5 — 0) vote, approving Conceptual Commercial Design Review and Special Review for the Trash/Utility/Recycle Area; 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 Resolution No 12,Series 2012 Page I of 3 development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, 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, and Special Review for the Trash/Utility/Recycling Area, with the following conditions: A. The applicant shall work with the Engineering, Building, Parks, and Planning Departments to address the ability to create an accessible sidewalk along this property between Conceptual and Final Design Review. A final solution shall be presented with the Subdivision and Final Commercial Design Review. B. The Final Commercial Design Application shall address the specific improvements proposed in the Public Amenity spaces located on the site. These will be reviewed and must be approved by the City Parks Department. C. Remove the wall between the recycling bins and alley to ensure adequate access to the bins. D. The Final Commercial Design Application shall address the height of the third story addition, and explore ways to minimize the perception that the third story appears out of proportion with the existing building. Drawings illustrating the Conceptual Commercial Design Review are attached as Exhibit A to the Resolution. Section 2: Engineering 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 There shall be no plantings within the City ROW which are not approved by the City Parks Department and the Engineering Department. Parks is concerned with any improvements to the sidewalk area. The applicant has expressed interests . and is supported by Parks, in saving the larger spruce trees planted within the Hunter Street courtyards. Changes in elevation on Hunter and Hyman will have impacts to the success of these trees. These shall be addressed in the Subdivision and Final Commercial Design Review The applicant must work closely with the City Forester in order to reduce conflicts between the development of the third floor and the existing trees. Resolution No 12, Series 2012 Page 2 of 3 The Applicant shall include information on the Parks Department requirements related to tree replacement as part of the Final Commercial Design Application. The applicant should also consider lifecycle planning for the large on-site trees. 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. 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 19th day of June, 2012. APPROVED AS TO FORM: PLANN AND ZONING CO N: Deb Quinn,Assistant City Attorney LJ Erspamer,Chair ATTEST: ckie Lothian, Deputy City Clerk Resolution No 12, Series 2012 Page 3 of 3 EXHIBIT Owner's Policy of Title Insurance — Schedule A Issued by Name and Address of Title Insurance Company: Westcor Land Title Insurance Company, 201 N. New York Avenue, Suite 200,Winter Park,Florida,32789 State:CO County: PITKIN Address Reference:602 E.HYMAN AVE.,ASPEN, CO 81611 File No.: PCT23415W7 Policy No.:OP-6-CO1045-2752804 Amount of Insurance:$6,700,000.00 Premium: $ 11,060.00 Date of Policy:June 20, 2012 @ 11:57 AM Simultaneous* LP-1 3-CO 1045-2752805 Reinsurance#: 12-202 1. Name of Insured:EB BUILDING ASPEN LLC,a Texas limited liability company 2.The estate or interest in the Land that is insured by this policy is: IN FEE SIMPLE 3.Title is vested in: EB BUILDING ASPEN LLC,a Texas limited liability company 4.The Land referred to in this policy is described as follows: LOTS K AND L, BLOCK 99, CITY AND TOWNSITE OF ASPEN STATE OF COLORADO Issued By C�'- Authorized Signatory SCHEDULE B-OWNERS CASE NUMBER DATE OF POLICY POLICY NUMBER PCT23415W7 June 20,2012 @ 11:57 AM OP-6-001045-2752804 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 1. Any facts, rights, interests,or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession,or claiming to be in possession,thereof. 2. Easements,liens,encumbrances,or claims thereof,which are not shown by the public records. 3. Any encroachment,encumbrance, violation, variation,or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land,and that is not shown by the public records. 4. Any lien,or right to a lien, imposed by law for services, labor,or material heretofore or hereafter furnished, which lien,or right to a lien, is not shown by the public records. 5. (a)Unpatented mining claims; (b)reservations or exceptions in patents or in Acts authorizing the issuance thereof;(c) Indian treaty or aboriginal rights,including but not limited to, easements or equitable servitudes;or.(d)water rights, claims or title to water(see additional information page regarding water rights),whether or not the matters excepted under(a),(b), (c)or(d)are shown for the public records. 6. Taxes or assessments which are not now payable or which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the public records 7. Any service, installation,connection,maintenance or construction charges for sewer,water,electricity,or garbage collection or disposal or other utilities unless shown as an existing lien by the public records. SPECIAL EXCEPTIONS: 8. Taxes and assessments(not including condominium or homeowners association assessments or dues) for the year 2012 and subsequent years only,a lien not yet due and payable. 9. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59 at Page 113 and Book 79 at Page 11, providing as follows:'That no title shall be hereby acquired to any mine of gold,silver,cinnabar or copper or to any valid mining claim or possession held under existing laws". 10. Mineral reservations as contained in Deeds recorded in Book 105 at Page 228 and Book 115 at Page 407. 11. Easement granted to the City of Aspen for Electric and Communication Utilities, recorded June 16, 1976 in Book 313 at Page 281 as shown on the Improvement Survey prepared by Aspen Survey Engineers dated March 12,as Job Number 21092. 12. Deck, overhang, building encroachments as shown on Improvement Survey prepared by Aspen Survey Engineers, Inc.dated March 12 as Job No. 21092. 13. Deed of Trust from : EB BUILDING ASPEN LLC, a Texas limited liability company To the Public Trustee of the County of PITKIN For the use of :TOLLESON PRIVATE BANK, a Texas banking corporation Original Amount :$5,360,000.00 Dated :June 18,2012 Recorded :June 20,2012 Reception No. : 589982 Assignment of Leases and Rents given in connection with the above Deed of Trust recorded June 20, 2012 as Reception No. 589983. EXCEPTIONS NUMBERED 1 THRU 7 ARE HEREBY DELETED, EXCEPT FOR SUBSECTION(d) UNDER PARAGRAPH NUMBER 5(WATER RIGHTS). EXHIBIT October 10, 2012 ^ * k , Ms. Jessica Garrow OCT 12 2012 Community Development Department A, s i 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Ms. Garrow: Please consider this letter authorization for Sunny Vann of Vann Associates, LLC, Planning Consultants, to represent in the processing of our application for Subdivi- sionlGMQS approval and such other land use approvals as may be required for the development of Lots K and L, Block 99, City and Townsite of Aspen. Mr. Vann is hereby authorized to act on our behalf with respect to all matters reasonably pertain- ing to the aforementioned application. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, EB BUILDING ASPEN, LLC L. Daniel L. Hunt c/o Cristin D. Adam, Esq. Unity Hunt, Inc. 1601 Elm Street, Suite 4000 Dallas, TX 75201 (214) 415-9979 d:\oldc\bus\city.Itr\ltr58912.jg2 F ' F j OCR P 12 20;L AS L-LA EXHIBIT LAND USE APPLICATION APPLICANT: Name: Location: od 947 (Indicate street address, lot&block number, legal description where appropriate) Parcel ID#(REQUIRED) REPRESENTATIVE: Name: 101, Address: 11C.P0• /Sew 545� 7' eztn a/4ZEV Phone PROJECT: Name: 4049�A~lf V!5;r 1/'/; Address: Phone#: OOXA TYPE OF APPLICATION:(please check all that apply): ❑ Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt. F-1 Special Review F-1 Final PUD(&PUD Amendment) ❑ Final Historic Development r_1 Design Review Appeal ❑ Conceptual SPA ❑ -mi-nor Historic Devt. riK GMQS Allotment ❑ Final SPA(&SPA Amendment) ❑ Historic Demolition ❑ GMQS Exemption � Subdivision ❑ Historic Designation ❑ ESA—8040 Greenline, Stream ❑ Subdivision Exemption(includes ❑ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ❑ Lot Split ❑ Temporary Use F-1 Other: ❑ Lot Line Adjustment ❑ Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings,uses,previous approvals,etc.) PROPOSAL: (description of proposed buildings,uses,modifications,etc.) av you attached the following? FEES DUE: VP_e-Application Conference Summary A) chrnent#1,Signed Fee Agreement sponse to Attachment#3,Dimensional Requirements Form Response to Attachment#4, Submittal Requirements- Including Written Responses to Review Standards EXHIBIT ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: �2�• •��S'/� fiS/ 1/f1'. �' ���nt,/ Applicant: Location: AE -�.¢�,/ Zone District: Lot Size: �,-'GYo Z Lot Area: 4 cW Z. (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark,easements,and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: Proposed: Number of residential units: Existing: Proposed: Number of bedrooms: Existing: Proposed: Proposed%of demolition(Historic properties only): DIMENSIONS: Floor Area: Existing: Allowable: Proposed: Principal bldg. height: Existing: Allowable: Proposed: Access. bldg. height: Existing: Allowable: Proposed: On-Site parking: Existing: Required. Proposed: % Site coverage: Existing: Required: Proposed. % Open Space: Existing: Required: Proposed: Front Setback: Existing: Required: Proposed. Rear Setback: Existing: Required: Proposed. Combined F/R: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed. Side Setback: Existing: Required: Proposed: Combined Sides: Existing: Required: Proposed: Distance Between Existing Required.• Proposed.• Buildings Existing non-conformities or encroachments: Variations requested: A/34/10 EXHIBIT �m�N����������� �u� ������ ������N^N����~��N� @���N��� Agreement~~~�.~.`~.~~ �~~ Pay Application Fees n agreement between the C ("Cit Property Daniel L. Hunt Phone No.:214415-9979 Owner("I"): Email:Cristln@ UnityHuntcom Address of 602 East Hyman Avenue Billing Cristin D.Adam,Esq. Property: Aspen CO 81621 Address: Unity Hunt,Inc. (subject of (send bills here) 1601 Elm Street,Suite 4000 application) Dallas,TX 75201 | understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these hamo is o condition precedent to determining application completeness. | understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. | understand that these flat fees are non-nafundab|m. $.1,260 Parks 1.260 AF^C�H�� (H����n�� ' �otfeafor �ed/eofor (Housing) 0 [Jg� O e|ect Rewiew � � ���|��� 0�t� for t � flat� �� fee For deposit cases only: The City and | understand that because of the oizm, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. | understand that additional costs over and above the deposit may accrue. | understand and agree that it is impracticable for City staff to complete proceoaing, ne*imw, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and | understand and agree that invoices mailed by the City bothe above listed billing address and not returned to the City ahoU be considered by the City as being received by me. I agree to remit payment within 30 days cf presentation ofon invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. | understand that payment of deposit does not render an application nomp|obu or compliant with approval criteria. If actual recorded costs exceed the initial dapmoit. I mQroo to pay additional monthly billings to the City to reimburse the City for the processing ofmy application ot the hourly rates hereinafter stated. ��� $.'�.~~~^___7, hours 24 houmof Community Development Department staff time. Additional time above the deposit amount will ba billed mtS31S per hour. 265 deposit for 1 hours of Engineering Department staff time.Additional time above the deposit amount will be billed at$2G5 per hour. City of Aspen: Pro O»« r. t_:�_ ChhmBendwn Community Development Director Name: City Use: 10345 Title: Fees Due:lvt_Received:$ d tIL 9 CITY OF ASPEN Y e r Permit Receipt RECEIPT NUMBER 00032635 Account Number: 29386 Date: 10/15/2012 Applicant: DANIEL L. HUNT EB BUILDING ASPEN, LLC Type: check # 1010 Permit Number Fee Description Amount 0070.2012.ASLU Planning Hourly Fees 7,560.00 0070.2012.ASLU Eng Referral Fee 265.00 0070.2012.ASLU Housing Referral Fee 1,260.00 0070.2012.ASLU Parks Referral Fee 1,260.00 Total: $10,345.00 EEXHIBIT Easy Peel*Labels i ♦ Bend along line to 1 Use Avery®Template 51600 % Feed Paper expose Pop-up Edger" j 308 HUNTER LLC 4 SKIERS LP 517 EAST HOPKINS AVENUE LLC 490 WILLIAMS ST 1108 NORFLEET DR 517 E HOPKINS AVE DENVER,CO 80218 NASHVILLE,TN 372201412 ASPEN,CO 81611 520 EAST COOPER PTNRS LLC 530 HOPKINS LLC 610 EAST HYMAN LLC 402 MIDLAND PARK 5301/2 E HOPKINS C/O CHARLES CUNNIFFE ASPEN,CO 81611 ASPEN,CO 81611 610 E HYMAN AVE ASPEN,CO 81611 630 EAST HYMAN LLC 633 SPRING II LLC 635 E HOPKINS LLC 532 E HOPKINS AVE 418 E COOPER AVE#207 532 E HOPKINS ASPEN,CO 81611 ASPEN,CO 81611 ASPEN,CO 81611 ALPINE BANK ASPEN ARCADES ASSOCIATES LTD LLC ASPEN ART MUSEUM ATTN ERIN WIENCEK C/O KRUGER&CO 590 N MILL ST PO BOX 10000 400 E HYMAN AVE ASPEN,CO 81611 GLENWOOD SPRINGS,CO 81602 ASPEN,CO 81611 ASPEN BLOCK 99 LLC ASPEN CORE VENTURES LLC ASPEN PLAZA LLC 532 E HOPKINS AVE 418 E COOPER AVE#207 PO BOX 1709 ASPEN,CO 81611 ASPEN,CO 81611 C/O STEVE MARCUS ASPEN,CO 81612 AUSTIN LAWRENCE CONNER LLC AVP PROPERTIES LLC BASS CAHN 601 LLC 532 E HOPKINS AVE 630 E HYMAN AVE#25 PO BOX 4060 ASPEN,CO 81611 ASPEN,CO 81611 ASPEN,CO 81612 BATTLE GERALD LIVING TRUST BAUM ROBERT E BERN FAMILY ASPEN PROPERTY LLC HIXON BURT LIVING TRUST PO BOX 1518 65 FIRST NECK LN PO BOX 2847 STOCKBRIDGE, MA 01262 SOUTHAMPTON, NY 11968 NEWPORT BEACH,CA 92659 BG SPRING LLC BISCHOFF JOHN C BOOGIES BUILDING OF ASPEN LLC 300 S SPRING ST#202 502 S VIA GOLONDRINA C/O LEONARD WEINGLASS ASPEN,CO 81611 TUCSON,AZ 85716-5843 534 E COOPER AVE ASPEN,CO 81611 BORGIOTTI CLAUDIO BPOE ASPEN LODGE#224 CHATEAU ASPEN CONDO ASSOC 9610 SYMPHONY MEADOW LN 210 S GALENA ST#21 630 E COOPER AVE VIENNA,VA 22192 ASPEN,CO 81611 ASPEN,CO 81611 CHATEAU ASPEN UNIT 21-A LLC CICUREL CARY CITY OF ASPEN 421 ASPEN AIRPORT BUSINESS CTR 2615 N LAKEWOOD ATTN FINANCE DEPT STE G CHICAGO, IL 60614 130 S GALENA ST ASPEN,CO 816113551 ASPEN,CO 81611 Easy Peele1 Labels i A Bend along line to o AVERY® 51600 Use Avery®Template 51600 Feed Paper expose Pop-up Edge" 1 CJAR LLC COLORADO CABLE COOPER STREET DEVELOPMENT LLC 2514 LAKE MEAD DR 500 PRESIDENT CLINTON AVE#310 C/O PYRAMID PROPERTY ADVISORS LAFAYETTE,CO 80026 LITTLE ROCK,AR 72201 418 E COOPER AVE#207 ASPEN,CO 81611 DUNN JUDITH A REV LIV TRUST EDGETTE JAMES J&PATRICIA ELKS LODGE 224 8051 LOCKLIN LN 19900 BEACH RD STE 801 210 S GALENA ST STE 21 COMMERCE TOWNSHIP, MI 48382 JUPITER ISLAND, FL 33469 ASPEN, CO 81611 ERGAS VENESSA BLAIR&CLAUDE EXELCEDAR INC 20% FERRY JAMES H III PO BOX 4316 534 E HYMAN AVE BOX 167 ASPEN,CO 81612 ASPEN,CO 81611 GLENCOE, IL 60022-0167 FITZGERALD FAMILY PARTNERSHIP LTD FURNGULF LTD GELD LLC C/O PITKIN COUNTY DRY GOODS LLC A COLO JOINT VENTURE C/O LOWELL MEYER 520 E COOPER 616 E HYMAN AVE PO BOX 1247 ASPEN, CO 81611 ASPEN,CO 81611 ASPEN,CO 81612-1247 GOFEN ETHEL CARO TRUSTEE GONE WEST LLC GOODING SEAN A 80%&RICHARD L 455 CITY FRONT PLAZA 401 W CENTER 20% CHICAGO, IL 60611 SEARCY,AR 721451406 C/O PARAGON RANCH INC 620 E HYMAN AVE#1 E ASPEN,CO 81611 GREENWAY COMPANY INC GROSFELD ASPEN PROP PART LLC HIMAN LLC 666 TRAVIS ST#100 10880 WILSHIRE BLVD#2222 PO BOX 6159 SHREVEPORT,LA 71101 LOS ANGELES,CA 90024 SWANBOURNE WA 6010 AUSTRALIA, HOPKINS DEV LLC HORSEFINS LLC HUNTER PLAZA ASSOCIATES LLP 345 PARK AVE 33RD FLR 601 E HOPKINS AVE 205 S MILL ST#301A NEW YORK,NY 10154 ASPEN,CO 81611 ASPEN,CO 81611 JARDEN CORPORATION JENNE LLP JOSHUA&CO REAL ESTATE HOLDINGS LLC 2381 EXECUTIVE CENTER DR 1510 WINDSOR RD ST BOCA RATON, FL ASPEN,33431 AUSTIN,TX 77402 HUNTER ASN,CO 81611 11 WARD LCT LP LUCKYSTAR LLC JOYCE EDWARD TENNESSEE LIMITED PARTNERSHIP PO BOX 7755 1310 RITCHIE 6 T PO BOX 101444 ASPEN,CO 81612 NASHVILLE,TN 37224-1444 MALLARD ENTERPRISES LP MARTELL BARBARA MASON&MORSE INC 317 SIDNEY BAKER S#400 702 E HYMAN AVE 514 E HYMAN AVE KERRVILLE,TX 78028 ASPEN,CO 81611 ASPEN,CO 81611 Etiquettes faciles A peter ; A Repliez A la hachure afin de ; www.avery.com Utilises le aabarit AVERY®51600 i . 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I am a general partner in Taylor Family Investments, RLLP, which entity is the record owner of that certain commercial property known and described as Lots K and L, Block 99, City and Townsite of Aspen, Colorado, aka the Taylor Building (the "Property"). My family has owned the Property for over 40 years. 2. The Property is under contract of sale to Daniel L. Hunt and/or his assigns ("Buyer"), with a closing scheduled to take place in the next several weeks. 3. Buyer,through the offices of Sunny Vann of Vann Associates LLC,has submitted an application for Conceptual Commercial Design Review approval to the City of Aspen Community Development Department in connection with the existing building on the Property (the "Application"). 4. The Application contains several factual representations regarding the Property, which are based on discussions I had with Sunny Vann. I submit this Affidavit in support of those representations. 5. The building on the Property contains an approximately 1,500 square foot two bedroom, free market residential unit and an approximately 400 square foot office which contains a kitchenette and bathroom. 6. The free market unit was constructed with the original building in the 1960's, and has historically been occupied by various working residents of the community. 7. The kitchenette and bathroom in the small office were installed at a later date, without the benefit of City approvals, and the space has been used from time to time as both an office and as a so-called."bandit" residential unit. I declare under penalty of perjury that the foregoing statements are true and correct to the best of my knowledge. FURTHER AFFIANT SAYETH NOT. Dated this?-2-day of May, 2012. Ray Ta for [Acknowledgment on Following Page] STATE OF COLORADO) ) ss. COUNTY OF L'2-7;+ ) The foregoing Affidavit was subscribed and sworn to before me this V-day of May, 2012, by Ray Taylor. VONNIE M.KENT Witness my hand and official seal. NOTARY PUBLIC STATE OF COLORADO Expires:No mber 16,2013 My commission expires: Notary Public 5608119_1 EXHIBIT Z Sunny Vann Vann Associates, LLC P.O. Box 4827 Basalt, CO 81621 Subject: Conceptual Engineering Analysis-602 E. Hyman Avenue Subdivision Application SE Project No. 12153 Dear Mr. Vann, Sopris Engineering has prepared this letter to summarize our conceptual engineering findings in regards to the proposed remodel of the existing building located at 602 E. Hyman within the City of Aspen. This report focuses on utility services to the building, compliance with the City of Aspen's Urban Runoff Management Plan (COA URMP), and site grading challenges for ambulatory access. The information outlined within this letter was based on site plans prepared by Zone 4 Architects and an existing survey performed by Peak Survey, Inc. Project Description: The proposed remodel of the existing building at 602 E. Hyman will include interior renovations, adding a third story residential unit, stairwell addition, expanding the basement and adding an elevator along the north side of the existing building. The final product will consist of commercial space at the ground level, affordable housing at the second level and a residential unit at the upper level. Drainaae• The City of Aspen requires that any development that disturbs more than 1,000 square feet and disturbance that exceeds 25% of the entire lot must treat for water quality and detention (or pay a fee-in-lieu) for the entire property. This section describes the stormwater mitigation measures that will be required in order to be in compliance with the COA URMP. Exhibit A has also been provided for illustrational support. Water Quality Capture Volume (WQCV) is the amount of runoff generated from the 80th percentile storm event and is a function of impervious area. The proposed site plan provided by Zone 4 Architects was used to estimate the total amount of impervious area and associated water quality capture volume. The results indicate that 105+/- c.f. of water quality volume will be required. The approach to providing this treatment volume would be to incorporate rain gardens within several of the proposed landscaping areas. Roof runoff, which consists of the majority of the impervious area, would be routed to the southeast landscape area via roof drains. This landscaping area would be treated as a rain garden. The southwest paver patio and surrounding access walks would be treated with rain gardens proposed within landscaping pockets along the west side of the site. Site constraints along the north end of the property may require sub- 502 Main Street - Suite A3 - Carbondale, CO 81623 - (970) 704-0311 - Fax (970) 704-0313 SOPRis ENGINEERING • LLC civil consultants surface filtering treatment for the exposed parking area. This option and feasible alternatives will be explored in greater detail as the site plan develops. Fee-In-Lieu of Detention is an option for this project since the site is located within the downtown core and the proposed impervious area will be less than what exists today. Last year the City of Aspen approved Ordinance 15 which implemented a voluntary fee-in-lieu of providing detention; therefore qualifying projects have the option of paying a fee rather than providing the required detention on-site. The fee is based on the amount of impervious area and the total cost of constructing the detention facility on-site (fee structure: 0.062 cf of detention for every square foot of impervious area and $70/cf of detention). Based on the limited available space for providing a traditional detention facility it has been assumed that this project will likely move forward with the FIL option. Based on the impervious area outlined on the current site plan the FIL for this project has been estimated at $23,500+/-. - - - - - - - - Utilities• Discussions have commenced with various utility providers. This section describes the status of this coordination. Exhibit B has also been provided for illustrational support. • Gas: Source Gas is the provider of natural gas in this area. They have agreed that the service to the building can be split to provide two separate meters. They have also agreed that the existing meter can be abandoned and new meters and service lines can be relocated to avoid potential damage to the root system of the existing conifer tree located at the northwest corner of the property. New service lines will be routed from the gas main which is located within the alley north of the subject property. • Electric: An existing transformer, owned by the City of Aspen Electric Department, has been located at the northwest corner of the property. This transformer serves the subject property as well as the property to the east. The City of Aspen Electric Department has indicated that it will not be a problem to provide two meters to the renovated building. • Telephone: Century Link is the provider of telephone service in this area. They have informed us that existing telephone pedestal #601 which is located at the northwest corner of the property has ample pairs to provide multiple services to the building. It is suggested that new conduit be routed from this pedestal to the new IT location within the building. • Sanitary Sewer: Aspen Consolidated Sanitation District (ACSD) is the provider of sanitary sewer service for the Aspen area. ACSD stated in an email that the subject property is currently being served via a 4" CIP or VCP that is tied to the main sewer line approximately 3-ft east of the manhole located within the alley north of the subject property. The integrity, location and material type shall be verified prior to construction. The depth of the main line within the sewer manhole was found to be approximately 6'-10" deep. Since an elevator is proposed it is likely that the associated sump pit will be pumped up to the gravity sewer service. 502 Main Street • Suite A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax (970) 704-0313 Sepnis ENGINEERING • LLC civil consultants • Water service is currently being provided to the subject property via a 1" service line off the main line along Hyman Avenue. This service line will need to be upsized to a 4" line to provide fire suppressant flows to the building. Given the multiple users within the building two meters are proposed within the mechanical room; one to meter the commercial and affordable housing component and one to serve the residential unit at the upper level. Ambulatory Access: An ADA parking stall will be required along the north side of the building. Cuts of up to 2' will be required within this area to make the existing parking stall comply with ADA- standards of a maximum-slope-of 2%. Care must be taken to minimize the damage to the root system of the existing spruce tree immediately west of the proposed ADA stall. An ADA route from this parking stall to the building has been identified and it is illustrated on Exhibit B. The existing southwest corner of the Hyman Avenue/Hunter Street intersection currently has several steps to gain access to existing sidewalk elevation and ground floor of the building along the north side of Hyman Avenue and east side of Hunter Street. The City's Engineering and Building Department have requested ADA compliant corridors of travel in both the north/south and east/west directions. The City's Forestry Department and Planning Department have requested that construction activities be sensitive to the health of the spruce tree located in the SW corner of the site, and thus that disturbances to the root structure be limited to a minimum amount possible. Given the elevation change from the street to the finished sidewalk, if ramping were to occur within the existing street curb constraints, grade cuts would be necessary that would affect a large portion of the tree root system to a degree that would seem to place the health of the tree at risk and destabilize the mass of the tree. SE's proposal is to create a bulb- out at this corner of the intersection that would shift the grade change away from the root system, and allowing ADA compliant ramps to be installed while minimizing adverse effects to the root system. These improvements are illustrated on Exhibit B. Bring, LLC 28377 ancy NictJ E 0. P. ci aL. 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Lu w v � z CALL BEFORE YOU DIG v w CALL UTUITY NOIFIC-ON CENTER OF COLORADO i _800-922-1987 x-suxn o DATE: 10.1012 &' rli� Ia a unLnmo�ro FNeDi umrtES JOB Np, 12163 EXMIBR B II / LEGEND P. 1 I I IROPOYO ROd PROPOSED CONCiwft PROPOYDRA �� .. E'COVERER pARDE W II RIBBON CURB e1pREtLMtl/1 C!LL OR R APPROVED EQUAL 1GARDI1Al su RFAC DARDn+ _ / w1wF t _ - 1I LAM09CAPNA AIWA � VARIES TOP OF WALL / I r �'"-ter. PROPOYO P[NJIAM[M4t1� v2 � 1! � �. `\_^-�•_�`— .P tE'GROW MEDIA r LE NOTE T LDw vRECT10N S I 1 R GOO7 p ACGRFCAR CEOrexnLE SEPARA70P FABRIC SEE NOTE 2 W IMPERMEABLE SEE NOTE W� Y CONCEPTUAL ON-SITE DRAINAGE SUMMARY: 1. [dsTH(i FAPERr1DtN1 AIlA•ane SR. JNDERDRNN i To-u BrrE AREA.aom u. C7 p � R� 1 POST A!VlIOPMENf TOTAL NPEAVN)1b AREA•a�7A L. M f"4*UM OF CETEIITION 112&. WOCV-TO{AC.F WATER DUALITY GARDEN DETAIL '�i a g l Sfv` NOTES NFILTRATION CCIAPOST MIXTURE(BY VDLI �s�•� •:Oa CLASS I STA REGISTERED COMPOST(APPRO%.BULK DENSITY 1,00)LB/Cy) rJ •50%LOOSELY PACKED SHREDDED PAPER(APPRO%.BULK DENSITY 50`O 100 LE/CY) Q I _ ,� l►/J15 :I INFILTRATION-ILT GROWING POST .15%IOARSE DON COMPOST CLASS RE DESCRIBED ABOK �u •SS%COARSE SANG(EITHER CL A55 C FILLER MATERIAL PER COOT TABLE 103.7 OR SANG w MEETING ASTM C-33) w%wr / 2. .COTE%TILE FABRIC MEETING ASTU D4751-AOS US STD SIEVE TO 0,ASTM D4632 IINLA MIN.TRAPEZOIDAL TEAR STRENGTH 100,60 LEIS:MIN,COE'PE�D OPEN AREA OF 4% V J. SINCE WATERPROOFING FALL BE PROVIDED FOR THE ADJACENT FOUNDARON WALL 7HE Y�•}.n"31 IMPERMEABLE LINER(30 M,L'AIN.-HICKNESS HOPE LINER)SHALL BE ATTACHED TO FOUNDATION WALL A MNIMUM OF"B INCHES BE-OW FINISHED GRADE. THE LNER CAH BE ATTACHED TC THE CONCRETE FOUNDATION WALL AITH NITRILE-BASED MNYL AOHESIK. 4. WRAP ALL GEOR%TILE FABRIC AND IMPERMEABLE LINERS TO TOE OF SCIL,ATTACHED --•U1, / •�/ 11NMLY TO TRENCH SOES. CONTRACTOR SMALL REMOVE E%ISTINO i0P5011 AND REPLACE FA1H CROW 4EJtA AND CONTRACTOR AL AS REMOYEARD m r / CONC PAIN) 530*If ��.� / _ �L ft�� / .w,..Md yr•K.11f Y.•w.r.v aY ' "' •t •.K.+Yr yr .. SF i I It FS _ _ L w o Z id 0 w LLI _ COBBLESTONE PAVERS TYPICAL DETAIL W ED ¢ F Ga. U � W Z m GRAPHIC SCALE CALL BEFORE YOU JIG U TZ •P CALL unITY MOTIF 'I ICAON ro CENTER OF^OLORADO ®1c 800-922-1387 (IN FEET J �+NR•.im cau�m,a 1 inch- 10 It DATE: 10.10-12 REDUCED FOR SLONFTTIM la rxEV RMOU M'FpCppLyp JOB ND. 12163 EXMIBR A EXHIBIT Tree Resource Evaluation E.B. Building Aspen LLC Provided for: Zone 4 Architects September 20, 2012 PROVIDED BY: Jason Jones Consulting Arborist#RM-07346 Aspen Tree Service Inc. Carbondale,CO 81623 (970)963-3070 mtnjones @gmail.com Summary I have been asked by the design team at Zone 4 Architects to analyze and comment on the tree resource located at 602 East Hyman in Aspen. The site is proposed for re-development, and there are 3 significant trees located in close proximity to the building that could be effected by construction impacts. I have visually observed the trees from the ground and reviewed the preliminary site plans provided. I have had discussions with Dylan Johns and been given information regarding the proposed design and construction methodology. If it is determined that the trees should be retained on the site, further analysis,discussion and site analysis will need to be completed so that a tree protection plan can be created and implemented. Assignment I have been contracted with EB Building Aspen to document the current condition of the 3 major trees on site and to evaluate the trees' ability to tolerate proposed construction impacts. Limits of the Assignment My investigation is based solely upon the information I noted on my two visits to the site,once on September 7th and once on September 201h 2012. 1 have not performed any laboratory examinations, studied soil composition or employed any other diagnostic techniques beyond visual examination of the trees and the site. I have developed general conclusions of tree health and provided recommendations based upon these observations. I have also not provided a tree protection plan as it relates to any of the construction activity. Observations Site Description The property,owned by E.B. Building Aspen LLC, is being reviewed for re-development. The plans that I have reviewed indicate that the building will utilize the existing footprint and will not require significant new underground excavation. There are currently 3 large Colorado spruce, (Picea pungens),trees located very close to the building that are growing out of a very limited and compacted root zone area. I have attached an excerpt of the topographic survey,which labels the trees as 1-3 from the north to the south. I have been informed that the City of Aspen may require a change to the sidewalk and entry of the building in an area that could conflict with tree number 3 on the map. The site plans also indicate other potential conflicts with other trees pertaining to root-zone areas as well as with tree canopies. General Site Observations The trees are currently growing in a very stressful environment and are in poor to fair condition overall. The limitations in potential rooting area and significant compaction of these areas have combined to make a very difficult growing condition for large trees. The trees have had low branches removed in the past to allow for access and are overall exhibiting decline and interior die back. The limbed-up condition often can predispose these types of trees to blow over in winds as much of the stability of the tree as whole is compromised when lower limbs are removed. The two trees in the back, numbers 1 and 2,are growing out of an asphalt parking area. Tree number one is growing out of a sidewalk and paver area. Both areas are impervious and irrigation appears to be acquired from drainage and storm water runoff below walks and driveways. Specific Tree Observations All three of the trees are displaying low vigor and appear to be nearing the end of their useful life in the existing location. New growth is very minimal, interior loss of needles is heavy,and leaf area is minimal. It is difficult to determine the exact potential longevity of the trees in this location,as levels of stored energy are difficult to ascertain. Trees in this condition and age generally will be very sensitive to any site disturbances and damage to roots including cut or fill in any location within the critical root zone area could cause a rapid decline to mortality. I would determine the critical root zone area in this instance to be 1.5 to 2 times the drip line area considering the age,vigor and irrigation patterns of the trees and the site. Tree#1-This tree,the northernmost of the group, has a diameter of 30". This tree is very stressed and is showing a pattern of dieback high within the crown. This tree also has an old mechanical injury and a bend in the upper main stem that is visible from the ground. This tree could have decay in this area and if it is to be considered for protection, it should be evaluated aerially and possibly have some advanced invasive decay analysis performed. It is very possible that this tree has internal decay beyond an acceptable parameter and should be removed for safety issues. Tree#2-This is a smaller diameter, 24",tree that is also in overall weak but slightly healthier condition than tree 1. 1 feel that this tree could likely remain if tree number 1 stays, but may be hazardous if this tree is removed. Exposing this tree to new wind loading factors,the potential damage to roots from removal of the neighboring stump, combined with the fact that the tree has been limbed up so high, could make the chance of wind throw failure a significant concern. Tree#3-This tree is a 30" DBH tree located at the front of the building that is in fair condition. Pavers have been placed over the root zone and a raised planter bed has been built around the trees base. This additional fill against the tree stem could be harmful over time and should be removed if it is to be retained. This tree has a very limited area for root growth and the majority of tree roots are likely to be growing at the elevation of the existing walk. Low limbs have been removed from this tree as well and this could increase chances of a blow over especially if any root damage was to occur. This tree also has significant canopy growth over the building,which could conflict with building design. Potential Impacts of Proposed Construction As mentioned previously,the trees are in generally poor health and will not tolerate root zone impacts very well over the longterm. Spruce trees have a very shallow and fibrous root system that can often spread very far beyond the dripline. I would not recommend that any reduction in grade,trenching or root cutting be performed within 1.5-2 times the dripline for any activity. Fill could likely be tolerated if it was not excessive in some instances even within the dripline. Site plans show a gas line entering the building directly below trees number 1 and 2. 1 have not determined weather or not this line will need to be upgraded or replaced,or if any other new utilities would need to enter the building from this area. It is possible that directional boring could be utilized to avert this conflict, as trenching in this area would likely render the trees unstable and unsafe to retain. Tree number 2 would also be compromised in the same manner if utility trenching were to occur. Trees number 2 and 3 could have conflicts with branches above the building to allow for the new construction. I feel that these trees may withstand removal of these limbs without significant impact; however,the city ordinance may not allow this and could prohibit this activity. Due to the very limited root zone area that exists around tree number 3, any activity within that zone could be very detrimental. It may be possible to make some grade changes, but this could not be determined without significant exploratory work. This work would consist of lifting the pavers and walkways and excavating the soil with a high-pressure air tool called an air spade. This tool would allow the root patterns to be determined and potential for any access or root cuts evident. This would be a difficult task in that the corner would need to be closed and access to the building diverted until the project was completed. This activity would also require approval from the city forestry department, as it would consist of work activity within the dripline. General Recommendations and Discussion I feel that further exploration and inspections would be valuable to determine the suitability of retaining the trees on the site. I also feel that it would be important to determine the city's position on the retention of the trees. These trees are so marginal in condition that it may be a better decision to remove the trees if possible and pay the mitigation values that the city would require. It is possible that the city may not allow for removal of the trees even if mitigation payments are offered. In this instance, it may be best to retain the trees and work within the city requirements of no activity within the dripline. This would likely result in the eventual loss of the trees or have the effect of rendering them unsafe in which case removal and mitigation payments would be required. Specific recommendations I feel the appropriate path for dealing with the trees is as such: 1. Perform a thorough aerial inspection of tree number 1 to determine if it is structurally sound. 2. Determine weather or not the owner of the building would truly like to protect and retain the trees on the site and if it is possible to perform all of the proposed construction activities while maintaining the large tree protection zones necessary to make retention efforts sucessful. 3. Request that the city engineering department work with the city forestry department to determine the feasibility of the performing the requested requirements. If they do not agree to this strategy, perform root zone explorations independently with city forestry approval. 4. Determine weather or not the city will allow for removal and mitigation or if they will require that the trees remain on site. This would require a permit application be submitted to city forestry. 5. If it is determined that the trees must be retained on site, begin working on a tree protection plan and identify all potential conflicts with the proposed building so that creative solutions can be developed. Conclusions The trees are overall in poor health, and in my estimation, are not likely to be viable on the site for more than 5-10 more years with or without development impacts. It may be that the City of Aspen will require retention, or they could allow for removal and mitigation payments. I would not advise creating elaborate design changes or incurring significant extra expense around retention methods if possible,as I feel the trees are not long-term assets to the site. If it is determined that it is desirable or required to retain the trees,further exploratory work should be performed to detail root patterns and define specific construction activities that will present conflicts. Photos • • • • • • • • • • • Photo 1-Showing trees 1 through 3 from left to right 1. � •' ' , .• ' r' � � 1 _ • • �� a .�. 1: Photo potential defect or decay pocket. • • • • • a - • "` • • • • • • • • • • v1 . I ` w� Ar • � j t4;� t�l��.r • �l� 4 • • • • Photo 3-Showing trees 1 and 2 and the compacted root zone areas. • • • f •- r~ Y J � =s Wiz. ! � �;° 1k+ •g � Wi l .e Photo 4—Showing the need to remove limbs to allow for proposed construction and dieback in crown. Ah ♦ 0 �'/r r � j 1'• E 8 f f r.. IIVII I\\_J V I.:IV L,IN I lK, JkJI L/LJ 1\ni IIIt .1t !I\ V I. 1 LMS' K AN I) I . I3I.O( k 9l)LCI IY \\U IC)\VNSHI OI \SPI \ ( I IN OF \SPFN,C•O( \IA' OF PH KI\, S IN I'l OF UN ORADO _ a j _ j l L __ Ijjj { A C. � e-`'" vo-?o- 20 f 2 • #�L.t,( Lr Fi#? Ede Record Nano Form Red Format ia6 e ;0 R*aatis Fees IF Su n Atar s'RaktgNvy Y .ArcIng C&F& �bPert Para Perot tp ski . 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