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Home My WebLink AboutLand Use Case.625 E Main St.0059.2012.ASLU I k THE CITY OF ,ASPEN City of Aspen Community Development Department CASE NUMBER 0059.2012.ASLU PARCEL ID NUMBERS 2737 073 32 002 PROJECTS ADDRESS 625 E. MAIN PLANNER Sara Nadolny CASE DESCRIPTION FINAL PUD REPRESENTATIVE ADAM ROY DATE OF FINAL ACTION 10.30.12 CLOSED BY ANGELA SCOREY ON: 3.19.13 r -- -...----- . -- -L-- - -- ........ac-- 1 0059.2012.ASLU 625 E. MAIN 2737 073 32 002 FINAL PUD L L- A . A /V 1 1/w- ~843 ~ U 1 11 1 , RECEIVED ) SEP 1 1 2012 CITY OF ASPEN COMMUNITY DEVELOPMENT 625 EAST MAIN STREET REDEVELOPMENT Insubstantial Amendment to the Approved Planned Unit Development f. Application for Administrative Approval of an Insubstantial Amendment to the Approved PUD for the Property at 625 East Main Street in Aspen, Colorado Submitted by: 625 Main Aspen, LLC 1482 East Valley Road, suite 463 Montecito, CA 93108 (312) 543.0033 September 10, 2012 Prepared by: Adam C. Roy do 625 Main Aspen, LLC 605 East Main Street, Suite 8 Aspen, CO. 80611 (970) 274.0890 TABLE OF CONTENTS I. INTRODUCTION 1 11. PROPERTY BACKGROUND 9 111. PUD AMENDMENT PROPOSAL ..................................................................... IV. REGULATORY REQUIREMENTS 5 A. Section 26.710.150.D.11 - Maximum Residential Unit Size in C-1...5 Appendix A - APPLICATION DOCUMENTS A Appendix B - SITE & DESIGN DOCUMENTS B 1. INTRODUCTION The intention of this application is to request an administrative approval for an insubstantial amendment to the approved Planned Unit Development (PUD) for the property at 625 East Main Street (the "Property") in the City of Aspen, Colorado (Legal Description: Lots E, F G and the Easterly 10 feet of Lot D, Block 98, City and Townsite of Aspen, and Lots 5, 6, 7 and the Easterly 10 feet of Lot 4, Block 29, East Aspen Additional Townsite, County of Pitkin, State of Colorado). The amendment is seeking to create a deficit to the approved ratio of above grade net leasable commercial area to above grade net livable free-market area. This application is submitted pursuant to Title 26, Land Use Regulations, of the 2006 Aspen Municipal Code (the "Code") by the ownership of the property, 625 Main Aspen, LLC (the "Applicant"). The Pre-Application Conference Summary, Proof of Ownership, a Letter of Representation, the Land Use Application Form, the Dimensional Requirement Form, and the Agreement for Payment Form are provided in Appendix A as Exhibits 1 -6 respectively. This application packet is organized in sections to provide the reviewer(s) with easy reference to the requested material included in the following sections: â€¢ Background on the existing property and any previous approvals as well as the documentation of any correspondence that has occurred between the Applicant and the Community Development Department and other City Departments; a PUD Amendment Proposal describing the physical changes to the interior layout of the building that affect the Net Leasable Area Calculations and corresponding diagrams and drawings of the proposed changes; â€¢ Regulatog Requirements identifying what areas of the Code are relevant to the PUD amendment being requested. All required or otherwise related application material and supporting documents for the administrative review are included in appendices at the back of this application packet. Pagell 11. PROPERTY BACKGROUND In 2006, an application seeking approvals for the redevelopment of the Stage 3 Theater building ("Stage 3") located at the 625 East Main Street was submitted to and approved by the City of Aspen. The 10,000 square foot property is in the Commercial (C-1) Zone District but not the Main Street Historic District. Pursuant to Aspen Planning and Zoning Commission ("P&Z") Resolution No. 27, Series of 2006, approval was granted for GMQS allotments and Commercial Design Review. Additionally, the P&Z recommended that City Council approve the requested subdivision. Pursuant to Ordinance No. 41, Series of 2006, adopted by the Aspen City Council on February 12, 2007, the CC granted approval of the subdivision of the property for the construction of the originally designed mixed-use building. After obtaining the approvals, the developer applied for and was issued a building permit and began construction in early 2007. Construction ceased after the completion of eighteen (18) months of work in the fall of 2008 and has remained idle for over two years. The work completed included: excavation of the existing building; completion of the sub-grade foundation and first floor; a portion of the steel structure; the four story elevator and stairwell shaft; utility work and a portion of the east wall. Essentially, a substantial amount of the foundation and structural work had been completed. When the project ceased, the owner at that time actively tried to sell the development site in the fall of 2008. Unsuccessful in finding a buyer, the developer and bank settled on an auction format. At the auction in the fall of 2010, the Applicant purchased the property and undertook a number of changes to land use approvals through a PUD and related amendments in an effort to simplify much of the building and its programming and in doing so, satisfy many of the outstanding concerns of the neighbors. The PUD included: a reduction in overall residential density from five (5) to two (2) affordable housing units - and five (5) to three (3) free market units; a reduction of off-street parking; an increase in net leasable area; the elimination of the fourth level roof deck and a decrease in the overall height and mass of the building. Administrative approval for an insubstantial amendment to Commercial Design Standards was sought and approved June 11, 2011. Page 12 The associated P&Z Resolution No. 7, Series of 2011, City Council Ordinance12, Series of 2011 and Notice o f Administrative Approval for the Commercial Design Amendment and the Subdivision Agreement for these described changes are provided as Exhibits 7,8, 9 and 10 in Appendix A respectively. 111. PROPOSED PUD AMENDMENT The prior PUD approval granted through City Council Ordinance12, Series of 2011, allowed for a net deficit of 153 square feet of above grade net leasable floor area to above grade net livable fee-market floor area. Under this approved layout, the main level is comprised of a contiguous 5,973 square feet of net leasable commercial floor area (Exhibit 3, Appendix B). Since obtaining the approvals for this floor area configuration on the main level of the building, it is apparent that the market demand for this large of a single-user commercial space is currently nonexistent. In response, the proposed layout associated with this PUD amendment introduces a circulation corridor that divides the east portion of the main level from the west portion into 2,686 square feet and 3,011 square feet respectively (Exhibit 5, Appendix B). The new corridor not only divides the main level into two (2) commercial spaces, it also provides an necessary means of egress to the alley (south) from both spaces. The resulting 5,697 square feet of main level net leasable floor area is 276 square less than the amount approved in the current PUD agreement. Additionally, modifications to the second level commercial area are proposed as part of this amendment. As construction on the site commenced, it was determined that a previously designed mechanical room that serviced the entire building and located adjacent to the northeast corner of the commercial space on the second level was not required (Exhibit 4, Appendix B). This floor area, along with a portion of the second level lobby was incorporated into the internal unit area of the second level commercial space (Exhibit 6, Appendix B). The result is a twenty-four (24) square foot increase of net leasable floor area on the second level from the approved 1,896 square feet to a proposed 1,920 square feet. Cumulatively, the new layout o f the main and second levels reduce the net leasable above grade commercial floor are by 252 square feet relative to Page 13 the amount currently approved (Exhibit 7, Appendix B). The following floor area calculations and the highlighted portion of Table 1 below illustrate the increased deficit of above grade net leasable floor to net livable residential floor area: 5,697 sq. ft. (main level) + 1,920 (second level) = 7,617 sq. ft. (proposed) 7,869 sq. ft. (approved) - 7,617 sq. ft. (proposed) = 252 sq. ft. (deficit) Table 1: Amended Net Leasable / Livable Floor Area Calculations Approved NLA Actual NLA Amount Over/ Use Calcs (sq. ft.) (sq. ft.) (Under) (sq. ft.1 FM Unit A (3rd Level) 2,658 2,658 0 FM Unit B (3rd Level) 2,837 2,837 0 FM Unit C (2nd Level) 2,527 2,527 0 Free Market Residential Area 8,022 8,022 0 API Unit A (2nd LeveD 1,351 1,351 0 AH Unit B (2nd Level) 1,435 1,435 0 Affordable Housing Area 2,786 2,786 0 2352*Â· - Basement Commercial Area 2,118 1,800 (318) Main Level Commercial Area r: 5,973 V~~~ 5,697 <"~~~ (276) 1.F Second Level Commercial Area 1,896 1,920 24 Total CommerciaVOffice Area 9,987 9,417 (570) Above Grade Commercial Area 7,869 7,617 (252) Commercial:Residential NLA (153) (405) (252) Table 1 also indicates that the property has been mitigated for employee generation as part of GMQS approvals associated with the PUD for an additional 570 square feet of total commercial net leasable area. It is requested through this amendment that special note be taken that the property retains entitlement rights to utilize the remaining 252 square feet of above grade and 318 square feet of below grade net leasable floor area without the requirement of additional mitigation for employee generation, if/when such a future demand arises. Page 14 IV. REGULATORY REQUIREMENTS Pursuant to Section 26.445.100.A of the Code, any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements must be approved through an Insubstantial PUD Amendment. For these changes described in Section III above, the overall approved total net leasable commercial area and total above grade net leasable commercial area to net livable residential area ratio have both decreased. The following section describes the changes being sought as they relate to the relevant Code Sections. A. Section 26.710.150.D.11 - Maximum Residential Unit Size in C-1 Pursuant to this Section of the 2006 Code, it is required that the total free- market net livable space shall be no greater than the total above grade space associated with the uses described in Section 26.710.140.D.10. a and b combined on the same parcel. In the case of the current PUD, and as illustrated in the above Section III of this application, the commercial space was originally approved at a deficit of 153 square feet relative to the free-market residential. Due to the circumstances of the conditions of the building and the lack of market demand for significantly large commercial spaces, a circulation corridor was added on the main level. The resulting total above grade commercial net leasable area is decreased to 7,617 square feet, a cumulative decrease of 252 square feet below what is approved in the current PUD. The described changes result in a deficit of above grade commercial net leasable area to free-market residential net leasable area of 405 square feet, approximately five (5) percent. It is expected that a future demand for the net leasable commercial floor area equal to the amount approved in the current PUD will be attainable if/when market conditions demand larger, contiguous spaces. It is for this reason that this amendment is not requesting to strip the entitled right to the approved above grade 7,869 square feet. Rather, it is requesting that the additional 252 above grade and 318 below grade remain entitled until a later date. In effect, the opportunity to Page 15 achieve the prescribed ratio in the current PUD is not lost and the intent of the building's mix of uses remains intact; rather it is sitting dormant until a future market demand requires full utilization of the above grade net leasable commercial floor area. Page 16 APPENDIX A - APPLICATION DOCUMENTS Exhibit 1. Pre-Application Conference Summary from 05.04.2011 Exhibit 2. Proof of Ownership Exhibit 3. Letter of Representation Exhibit 4. Land Use Application Exhibit 5. Dimensional Requirements Form Exhibit 6. Agreement for Payment Form Exhibit 7. Amended P&Z Resolution (Resolution 7, Series of 2011) Exhibit 8. Amended City Council Ordinance (Ordinance 12, Series of 2011) Exhibit 9. Amended Commercial Design Standards Approval Exhibit 10. Recorded Subdivision Agreement A RECEIVED SEP 1 1 2012 EXHIBIT Al CITY OF ASPEN CITY OF ASPEN PRE-APPLICATI0N C0NFERENCE SUMMARY COMMUNITY DEVELOPMENT PLANNER: Clause Salter, 429-2752 DATE: August 30,2012 PROJECT: 625 E Main Insubstantial PUD Amendment REPRESENTATIVE: Adam Roy DESCRIPTION: The Applicant is interested in amending the PUD to address decreases in the net leasable space at 625 E Main. These changes are proposed as part of a proposed tenant finish permit. The PUD and subdivision approved 9,988 square feet of net leasable space. Proposed construction changes (per email dated 08/08/2012) would result in 9,699 square feet of net leasable area. The PUD approved a variation to the required at above grade net leasable to free-market residential ratio. The project was approved for 153 sq ft more above grade free market than above grade net leasable. With the change proposed the ratio changes to 536 sq ft. This change requires a PUD Amendment. This can be processed as an insubstantial amendment. In addition, the applicant should include information on the previously approved net leasable area and the amount proposed as part of construction so that any difference between the two can be memorialized through the PUD Amendment. No exterior changes are proposed, so the project does not require Commercial Design Review. Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 26.445.100.A Insubstantial PUD Amendment http:#www.aspenpitkin.com/depts/38/citycode.cfm Review by: â€¢ Staff for complete application â€¢ Planning staff for Insubstantial PUD Amendment Public Hearing: No Planning Fees: $1,260. This includes four (4) hours of staff review time. Additional time over four (4) hours will be billed at $315 per hour. Referral Fees: none Total Deposit: $1,260 Total Number of Application Copies: 2 Copies, (HPC = 12; PZ = 10; CC = 7; Referral Agencies = 1/ea.; Planning Staff = 2) To apply, submit the following information: Il Proof of ownership with payment. Â¤ Signed fee agreement. Â£ Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. Â¤ Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 0 Total deposit for review of the application. Â¤ 2.Copies of the complete application packet and maps. Il An 81/2"by 11"vicinity map locating the parcel within the City of Aspen. 0 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. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) 0 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. List of adjacent property owners within 300' for public hearing Â¤ Copies of prior approvals. D Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD)-preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. 0 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. 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 A2 Land Title Guarantee Company CUSTOMER DISTRIBUTION Landl-Itle GUARANTEE COMPANY ......G C.C OM Date: 08-29-2012 Our Order Number: QTF62004748-2 Property Address: 625 E MAIN ST ASPEN, CO 81611 If you have any inquiries or require further assistance, please contact one of the numbers below: For Closing Assistance: For Title Assistance: Leslie Boyer Aspen Title "QT" Unit 533 E HOPKINS #102 Kurt Beereboom ASPEN, CO 81611 533 E HOPKINS #102 Phone: 970-925-1678 ASPEN, CO 81611 Fax: 800-318-8202 Phone: 970-925-1678 EMail: 1boyer@ltgc.com Fax: 970-925-6243 EMail: kbeereboom@ltgc.com 625 MAIN ASPEN LLC LAND TITLE GUARANTEE COMPANY 106 W GERMANIA PL # 230 533 E HOPKINS #102 CHICAGO IL 60610 ASPEN, CO 81611 Attn: 625 MAIN ASPEN LLC Attn: Leslie Boyer Phone: 970-925-1678 Fax: 800-318-8202 Copies: 1 EMail: 1boyer@ltgc.com GARFIELD & HECHT PC *TMX* WAAS CAMPBELL RIVERA JOHNSON & VELASQUEZ LLP *TMX' 601 E HYMAN AVE 420 E MAIN ST #210 ASPEN, CO 81611 ASPEN, CO 81611 Attn: CHRIS LACROIX Attn: J BART JOHNSON Phone: 970-925-1936 Phone: 970-544-4602 Fax: 970-925-3008 Fax: 866-492-0361 EMail: clacroix@garfieldhecht.com EMail: johnson@wcrlegal.com Sent Via EMail Sent Via EMail 09.30.12 Land Title Guarantee Company Date: 08-29-2012 Landlltle Our Order Number: QTF62004748-2 GUARANTEE COMPANY WWW.,TIC.COM Property Address: 625 E MAIN ST ASPEN, CO 81611 Owner: 625 MAIN ASPEN, LLC, A COLORADO LIMITED LIABILITY COMPANY Wire Information: Bank: ALPINE BANK 600 E HOPKINS ASPEN, CO 81611 Phone: Credit: ABA No.: 102103407 Account: 2020010529 Attention: Leslie Boyer ****************************************************************** Note: Once an original commitment has been issued, any subsequent modifications will be emphasized by underlining. ****************************************************************** Need a map or directions for your upcoming closing? Check out Land Title's web site at www.ltgc.com for directions to any of our 54 office locations. ESTIMATE OF TITLE FEES ALTA Loan Policy 06-17-06 (Const. Loan) $2,153.00 Tax Report $25.00 TOTAL $2,178.00 Form CONTACT.L (8/2003) THANK YOU FOR YOUR ORDER! First American Title Insurance Company ALTA COMMITMENT Our Order No. QTF62004748-2 Schedule A Cust. Ref.: Property Address: 625 E MAIN ST ASPEN, CO 81611 1. Effective Date: August 21, 2012 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "ALTA" Loan Policy 06-17-06 $2,000,000.00 Proposed Insured: BOULDER BLEW FUNDING LLC, A COLORADO LIMITED LIABILITY COMPANY, ITS SUCCESSORS AND/OR ASSIGNS 3. The estate or interest in the Land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: 625 MAIN ASPEN, LLC, A COLORADO LIMITED LIABILITY COMPANY 5. The Land referred to in this Commitment is described as follows: LOTS E,F, G AND THE EASTERLY 10 FEET OF LOT D, BLOCK 98, CITY AND TOWNSITE OF ASPEN. LOTS 5,6, 7 AND THE EASTERLY 10 FEET OF LOT 4, BLOCK 29, EAST ASPEN ADDITIONAL TOWNSITE. COUNTY OF PITKIN, STATE OF COLORADO. ALTA COMMITMENT Schedule B - Section 1 (Requirements) Our Order No. QTF62004748-2 The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: Item (c) Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due and payable. Item (d) Additional requirements, if any disclosed below: 1. A FULL COPY OF THE FULLY EXECUTED OPERATING AGREEMENT AND ANY AND ALL AMENDMENTS THERETO FOR 625 MAIN ASPEN, LLC, A COLORADO LIMITED LIABILITY COMPANY MUST BE FURNISHED TO LAND TITLE GUARANTEE COMPANY. SAID AGREEMENT MUST DISCLOSE WHO MAY CONVEY, ACQUIRE, ENCUMBER, LEASE OR OTHERWISE DEAL WITH INTERESTS IN REAL PROPERTY FOR SAID ENTITY. NOTE: ADDITIONAL REQUIREMENTS MAY BE NECESSARY UPON REVIEW OF THIS DOCUMENTATION. 2. DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF 625 MAIN ASPEN, LLC, A COLORADO LIMITED LIABILITY COMPANY AS A LLC. THE STATEMENT OF AUTHORITY MUST STATE UNDER WHICH LAWS THE ENTITY WAS CREATED, THE MAILING ADDRESS OF THE ENTITY, AND THE NAME AND POSITION OF THE PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF THE ENTITY AND OTHERWISE COMPLYING WITH THE PROVISIONS OF SECTION 38-30-172, CRS. NOTE: THE STATEMENT OF AUTHORITY MUST BE RECORDED WITH THE CLERK AND RECORDER. 3. RELEASE OF DEED OF TRUST DATED MAY 12, 2006 FROM ASPEN MAIN STREET PROPERTIES LP TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF ALPINE BANK TO SECURE THE SUM OF $4,720,000.00 RECORDED MAY 15, 2006, UNDER RECEPTION NO. 524049. 4. RELEASE OF DEED OF TRUST DATED JULY 31, 2007 FROM ASPEN MAIN STREET PROPERTIES LP TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF ALPINE BANK TO SECURE THE SUM OF $2,600,000.00 RECORDED AUGUST 08,2007, UNDER RECEPTION NO. 540771. ALTA COMMITMENT Schedule B - Section 1 (Requirements) Our Order No. QTF62004748-2 Continued: 5. RELEASE OF DEED OF TRUST DATED DECEMBER 03,2007 FROM ASPEN MAIN STREET PROPERTIES LP TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF ALPINE BANK TO SECURE THE SUM OF $3,777,000.00 RECORDED DECEMBER 21, 2007, UNDER RECEPTION NO. 545157. 6. DEED OF TRUST FROM 625 MAIN ASPEN, LLC, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF BOULDER BLEW FUNDING LLC, A COLORADO LIMITED LIABILITY COMPANY TO SECURE THE SUM OF $2,000,000.00. 7. (ITEM INTENTIONALLY DELETED) ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. QTF62004748-2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, 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 not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 8. RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEED FROM THE CITY OF ASPEN RECORDED APRIL 25, 1888 IN BOOK 59 AT PAGE 426 AND RECORDED IN BOOK 59 AT PAGE 562. 9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 29, 1958, IN BOOK 185 AT PAGE 69. 10. TERMS, CONDITIONS AND PROVISIONS OF MULTIPURPOSE EASEMENT RECORDED IUNE - 15, 1976 IN BOOK 313 AT PAGE 263. 11. TERMS, CONDITIONS AND PROVISIONS OF ENCROACHMENT AGREEMENT RECORDED JANUARY 17, 1986 IN BOOK 503 AT PAGE 631. 12. (ITEM INTENTIONALLY DELETED) 13. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION#97-125 RECORDED JULY 14, ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. QTF62004748-2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1997 AT RECEPTION NO. 406269. 14. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION# 27-06 RECORDED SEPTEMBER 21, 2006 AT RECEPTION NO. 528822. 15. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE# 41 RECORDED MARCH 01, 2007 AT RECEPTION NO. 534937. 16. (ITEM INTENTIONALLY DELETED) 17. (ITEM INTENTIONALLY DELETED) 18. TERMS, CONDITIONS AND PROVISIONS OF SOIL NAILING AGREEMENT RECORDED OCTOBER 05,2007 AT RECEPTION NO. 542774. 19. TERMS, CONDITIONS AND PROVISIONS OF REVOCABLE ENCROACHMENT LICENSE RECORDED MAY 20,2008 AT RECEPTION NO. 549289 AND RE-RECORDED,TUNE 28, 2012 UNDER RECEPTION NO. 590240. 20. TERMS, CONDITIONS AND PROVISIONS OF UTILITY AND LANDSCAPE AGREEMENT RECORDED AUGUST 14, 2009 AT RECEPTION NO. 561967 AS AMENDED BY SUPPLEMENT TO THE AGREEMENT RECORDED,TULY 19, 2012 UNDER RECEPTION NO. 590717. 21. TERMS, CONDITIONS AND PROVISIONS OF SOIL NAILING AGREEMENT AND EASEMENT RECORDED AUGUST 14. 2009 AT RECEPTION NO. 561968 AND AMENDED BY THE FIRST AMENDMENT TO THE SOIL NAILING AGREEMENT RECORDED.JUNE 24, 2010 UNDER RECEPTION NO. 571023. 22Â® (ITEM INTENTIONALLY DELETED) 23. TERMS, CONDITIONS AND PROVISIONS OF SOIL NAILING AGREEMENT AND EASEMENT RECORDED JUNE 30, 2010 AT RECEPTION NO. 571734. 24. (ITEM INTENTIONALLY DELETED) - ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. QTF62004748-2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 25. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION# 7-11 RECORDED MARCH 16, 2011 AT RECEPTION NO. 578389. 26. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE# 12, SERIES OF 2011 RECORDED MAY 17, 2011 AT RECEPTION NO. 579930. 27. TERMS, CONDITIONS AND PROVISIONS OF NOTICE OF APPROVAL RECORDED JUNE 30, 2011 AT RECEPTION NO. 580888. 28. TERMS, CONDITIONS AND PROVISIONS OF SUBDIVISION IMPROVEMENT AGREEMENT RECORDED AUGUST 02, 2011 AT RECEPTION NO. 581599. 29. TERMS, CONDITIONS AND PROVISIONS OF AMENDED AND RESTATED LOT LINE AND EASEMENT AGREEMENT RECORDED SEPTEMBER 23, 2011 AT RECEPTION NO. 582977. 30. (ITEM INTENTIONALLY DELETED) 31. (ITEM INTENTIONALLY DELETED) LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The sublect real ~property may be located in a special taxing district. B) A Certiticate of laxes Due listing each taxing jurisdiction snall be obtained from the County Treasurer or the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time OI recording whenever the title entity conducts the closi~ and is responsible for recording or filing of legal documents resulting from the transaction w ich was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recordin{3 the legal documents from the transaction, exception number 5 will not appear on the Owner s Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner s Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic s and material-men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactor to the company, and, any additional requirements as may be necessary alter an examination ~ the aforesaid Information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner' s policv commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, Mas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without tne surface owner's permission. Note: Pursuant to CRS 10-1-128(6) (a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, information to an insurance company for the purpose of aefrauding or incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting attempting to defraud the policvholder or claimant with regard to a settlemwnt or award payable from insurance proceeds shall be reported to tfie Colorado division of insurance within the department oi regulatory agencies. Nothing herein contained will be deemed to obligate the c?mpany to provide any of the coverages referrea to herein unless the above conditions are fully satisiled. DISCLOSURE 02/2011 First American Title Insurance Company PRIVACY POLICY We are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, the First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: * Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; * Information about your transactions with us, our affiliated companies, or others; and * Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested to us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security - We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled respnsibly and in accordance with this Privacy Policy and First American' s Fair Information values. We currently maintain physical, electronic, and procedural safeguards that comply with referral regulations to guard your nonpublic personal information. WEBSITE Information on the calculation of premiums and other title related charges are listed at First American' s website: www.firstam.com NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, INC., A COLORADO CORPORATION AND MERIDIAN LAND TITLE, L.L.C., A COLORADO LIMITED LIABLITY COMPANY, D/B/A LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION This Statement is provided to you as a customer of Land Title Guarantee Company, a Colorado corporation and Meridian Land Title, LLC, d/b/a Land Title Guarantee Company - Grand Junction. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: * applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; * your transactions with, or from the services being performed by, us, our affiliates, or others; * a consumer reporting agency, if such information is provided to us in connection with your transaction; and * the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: * We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. * We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. * Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. * We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, k transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Form PRIV.POL.LTG.1 Commitment for Title Insurance ISSUED BY First American Title Insurance Company FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured names in Schedule A, as owner or mortgage of the estate or interest in the land described or refemed to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six (6) months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory IN WITNESS WHEREOF, First American Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of the Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issued one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules as www.alta.org FIRST AMERICAN TITLE INSURANCE COMPANY Issued by: LAND TITLE GUARANTEE COMPANY 3033 EAST FIRST AVENUE -I--- SUITE 600 PO BOX 5440 (80217) ---#126 tic' DENVER, CO 80217 .. Dennis J. Gilmore President ~Â«79-7= . . LAND TITLE ASSOCIATION A~horized Officlr or Agent Timothy Kemp - Secretary CC.FA.06 rfIC AVED SEP 1 1 2012 EXHIBIT A3 CITY OF ASPEN COMMUNITY DEVELOPMEN*i September 6, 2012 Chris Bendon Director of Community Development City of Aspen 130 S. Galena Street, 3rd Floor Aspen, CO 81611 Re: 625 East Main Street PUD Amendment Representation Dear Chris: This letter is to serve as authorization for Adam Roy to represent 625 Main Aspen, LLC with the proceedings for the application for Administrative Approval for an insubstantial amendment to the PUD of the property at 625 East Main Street, Aspen, CO. 81611. Mr. Roy is authorized to act on the behalf of the ownership of the property for all matters pertaining to the application. Please feel free to contact us if you have any further questions regarding this authorizing letter. Sincerely yours, Ahn ~ 1~4~ Jeffr.., , I 625 Main Aspen, LYC 1482 East Valley Road, suite 463 Montecito, CA 93108 312.543.0033 RECEIVF , SEP 1 1 2012 EXHIBIT A4 CITY OF ASPeR C0MMUNITY DEVELOPMEN-1 ATTACHMENT 2-LAND USE APPLICATION PROJECT: Name: 625 East Main Street Redevelopment 625 East Main Street, Aspen, CO. 81611 Location: (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 2737-073-32-002 APPI.ICANT: Name: 625 Main Aspen, LLC Address: 1482 East Valley Road, suite 463, Montecito, CA 93108 Phone #: (312) 543.0033 REPRESEN1'ATIVE: Name: Adam Roy Address: 605 East Main Street, Unit #8, Aspen, Colorado 81611 Phone #: 970.274.0890 TYPE OF APPLICATION: (please check all that apply): D GMQS Exemption El Conceptual PUD D Temporary Use D GMQS Allotment ~ Final PUD (& PUD Amendment) Q Text/Map Amendment D Special Review' El Subdivision ADMINISTRATIVE D Conceptual SPA Â£ ESA -8040 Greenline, Stream U Subdivision Exemption (includes U Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane D Commercial Design Review D Lot Split D Small Lodge Conversion/ Expansion Â£ Residential Design Variance Â£ Lot Line Adjustment 0 Other: U Conditional Use EXISTING CONDITIONS: (description ofexisting buildings, uses, previous approvals, etc.) Nearly completed construciton ofa mixed-use building approved under the active approvals provided in this application packet. - PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) Addition of a separation/circulation corridor on the main level that reduces the amount of commercial NLA below the approved ratio with residential NLA. Have you attached the following? FEES DUE: $ $1.260 Â® Pre-Application Conference Summary Â® Attachment #1, Signed Fee Agreement ~ Response to Attachment #3, Dimensional Requirements Form 7~ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards 0 3-D Model for large project All plans that are larger than 8.5" X 11" must he folded. A disk,#ith an electric copy ofall written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. EXHIBIT A5 ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: 625 MAIN STREET REDEVLOPMENT Applicant: 625 MAIN ASPEN LLC Location: 625 MAIN STREET Zone District: C-1 (PUD) Lot Size: 100' x 100' Lot Area: 10,000 SQUARE FEET ( 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:9,987 sq. ft.Proposed: 9,417 sq. ft. Number of residential units: Existing:5 Proposed: 5 Number of bedrooms: Existing: \5 Proposed: 15 Proposed % of demolition (Historic properties only): N/A AS NO HEIGHT OR FLOOR AREAS ARE BEING CHANGED, PLEASE REFER TO THE AT- DIMENSIONS: TACHED RESOLUTION 7-11 AND ORDINANCE 12-11 FOR ALLAPPROVED DIMENSIONS. Floor Area: Existing: Allowable: Proposed: Principal bldg. height: Existing: Allowable: Proposed: Access. bldg. height: Existing: Allowable: Proposed: On-Site parking: Existing.Â· Required: Proposed: % Site coverage: Existing: Required: Proposed: % Open Space: Existing: Required: Proposed: Front Setback: Existing: Required: Proposed: Rear Setback: Existing: Required: Proposed: 3 Combined F/R: Existing: Required: Proposed: 1 Side Setback: Existing. Required: Proposed: Side Setback: Existing: Required: Proposed: Combined Sides: Existing: Required: Proposed: Distance Between Existing N/A Required. N/A Proposed: NIA Buildings Existing non-conformities or encroachments: N/A Variations requested: N/A IrCUCI V CW SEP 11 2012 CITY OF ASPEN EXHIBIT A6 nnin,1 1611TV nrucl ADIACAFT COMMUNITY DEVELOPMENT DEPARrl'MENT Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and PrOP:,râ€žty 625 Main Aspen, LLC Phone No.: 312.543.0033 Owner (1): Email: jeffcardot@gmall.com Address of Billing .- Properly: 625 East Main Street Address' ov5 East Main Street Unit 8 (subject of Aspen, CO, 81611 (send bills here) Aspen,CO. 81611 application) l understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. l understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $ flat fee for . $ nat fee for $ fiat fee for . $ flat fee for For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed 2 project, it is not possible at this time to know the full extent or total costs involved in processing the application. 1 understand that additional costs over and above the deposit may acerue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that Invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. l agree to remit payment within 30 days of presentation of an 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. l understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, 1 agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ $1,260 4 deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $315 per hour. $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $265 per hour. City of Aspen: PropAty C~ner: W R],0 44-- Chris Bendon Community Development Director Name J ' 1-OF.il W~ Cr~,t City Use: Title: h 74 Fees Due: $ Received: $ November, 2011 City of Aspeti 1130 S. Galena St. I (970) 920-5090 EXHIBIT A7 Resolution #7 - 11 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING WITH CONDITIONS AN AMENDMENT TO A GROWTH MANAGEMENT DEVELOPMENT ORDER, TWO GROWTH MANAGEMENT REVIEWS, AND RECOMMENDING CITY COUNCIL APPROVE WITH CONDITIONS AN AMENDMENT TO A SUBDIVISION DEVELOPMENT ORDER, PLANNED UNIT DEVELOPMENT, AND REZONING FOR 625 E. MAIN STREET, LOTS E, F, G, EASTERLY 10 FEET OF LOT D, BLOCK 98, CITY AND TOWNSITE OF ASPEN, CO, PITKIN COUNTY, COLORADO PARCEL NO. 2737-182-02204 WHEREAS, the Community Development Department received an application from Aspen Main Street Properties LP, represented by David Johnston Architects, requesting approval of an amendment to a growth management development order, two Growth Management Reviews, an amendment to a subdivision development order, Planned Unit Development, and rezoning to construct a mixed-use building consisting of 9,988 sf of net leasable space, two affordable housing residential units, and three free-market residential units; and, WHEREAS, the subject property is zoned C-1 (Commercial); and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended approval with conditions, of the proposed subdivision and associated land use requests; and, WHEREAS, during a duly noticed public hearing on March 8, 2011, the Planning and Zoning Commission approved Resolution No. 7, Series of 2011, by a four to zero (4 - 0) vote, approving an amendment to a growth management development order, two Growth Management - Reviews for the development of a mixed-use building that includes commercial space, office space, free-market housing, and affordable housing, and recommending that City Council approve with conditions an amendment to a subdivision development order, Planned Unit Development, and rezoning for the property located at 625 E. Main Street, Lots E, F, G, easterly 10 feet of Lot D, Block 98, City and Townsite of Aspen, CO; 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 finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. RECEPTION#: 578389, 03/16/2011 at Reso 7, Series 2011 03:41:03 PM, Page 1 of 7 1 OF 7, R $41.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Approval Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby approves with conditions an Amendment of a Growth Management Development Order; a Commercial Growth Management Review; and a Growth Management Review for the development of affordable housing to construct a mixed- use building consisting of two (3) commercial units, one (1) office unit, three (3) free-market residential units, and two (2) deed-restricted affordable housing units on the property located at 625 E. Main Street, Lots E, F, G, easterly 10 feet of Lot D, Block 98, City and Townsite of Aspen, CO. Section 2: Plat and Agreement Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby recommends that City Council grant an Amendment to a Subdivision Development Order, a PUD, and a rezoning and that, should City Council grant said approvals approval, the Applicant shall record a Subdivision/PUD agreement that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of such approval. A final Condominium Plat may be approved and signed by the Community Development Director upon substantial completion of construction. Section 3: Dimensional Requirements The project shall be subject to Aspen Municipal Code Chapter 26.575, Miscellaneous Supplemental Regulations and with the Commercial (C- 1) zone district, in place at the time of land use application submittal in April 2006. Changes subsequent to issuance of a Certificate of Occupancy shall be subject to the Code in place at the time of proposed changes, with the exception of the size of the Free-Market units, and Free-Market Net Livable to Commercial Net Leasable Ratio as outlined in the table below. The Planning and Zoning Commission recommends that the three free-market residential units total 8,022 sf of net livable area. Dimensional Requirement Proposed Dimensional Requirements Free Market Net Livable Area (NIA): 8,022 sf Above-Grade Commercial Net Leasable Area Free-Market Net Livable to (NLA): 7,869 sf Commercial Net Leasable Ratio The ratio is not met by 153 sf (There is 153 sf more Free-Market NLA than Commercial NLA). Unit A. 2,658 sf Maximum Residential Unit Size (Sq. Unit B. 2,837 sf Ft.) Unit C. 2,527 sf (Total size: 8,022 sf) Reso 7, Series 2011 Page 2 of 7 In addition, the Planning and Zoning Commission recommends that the Applicant present a roof- top mechanical equipment plan to City Council as part of their PUD, Re-zoning, and Subdivision Amendment Review. The Planning and Zoning Commission recommends that, to the greatest extent reasonably possible, the height of the mechanical equipment be limited to five (5) feet above the building height, or to a total of 43 feet, and that the roof-mounted equipment be centered in the building. Section 3: Plat and Agreement Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby recommends that City Council grant an Amendment to a Subdivision Development Order, a PUD, and a rezoning and that, should City Council grant said approvals approval, the Applicant shall record a Subdivision/PUD agreement that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of such approval. A final Condominium Plat may be approved and signed by the Community Development Director upon substantial completion of construction. Section 4: Building Permit Application The building permit application shall include the following: a. A copy of the final Ordinance and P&Z Resolution. b. The conditions of approval printed on the cover page of the building permit set. c. A fugitive dust control plan to be reviewed and approved by the City Engineering Department. d. An excavation-stabilization plan, construction management plan (CMP), and drainage and spoils report pursuant to the Building Department's requirements. The CMP shall include an identification of construction hauling routes, construction phasing, and a construction traffic and parking plan for review and approval by the City Engineer and Streets Department Superintendent. The construction management plan shall also identify that the adjacent sidewalks will be kept open and maintained throughout construction, that landscapings, plantings and amenities on adjacent property will be protected, and that construction parking will not encroach on private property. e. Accessibility and ADA requirements shall meet adopted building code requirements. f. An approved Landscape Plan Section 5: Trash/Utilitv Service Area The trash containers shall be wildlife proof and meet the regulations pertaining to size and secunty. Section 6: Sidewalks. Curb. and Gutter The finished floor of the building is approximately 1.3 feet above the top back of curb, it proposes challenges in meeting the department's standards for accessibility and door swing clearance along Main Street. Plans that meet the Engineering Department's standards regarding accessibility must be submitted prior to council approval. Additionally structural soils will be required for the sidewalk to improve the growth area for the planting strip. Due to the condition of the curb and gutter that fronts the building, it will need to be replaced prior to CO ofthe building. Reso 7, Series 2011 Page 3 of 7 All improvements shall be made prior to a Certificate of Occupancy on any of the units within the development. Section 7: Affordable Housing 1. The mitigation with the two three-bedroom units has been satisfied. The owner shall convey an undivided 1/104 of 1% ownership interest in the lot on which the units are situated to APCHA. The APCHA ownership interest shall be in perpetuity or until such time as the units are converted to ownership units, or the statutory restriction on rent control units is eliminated. The units are to be ownership units sold through the lottery system after the initial sale, subject to the following conditions: a. The developer shall have the right to sell to a fully qualified household of its choice for the initial sale only. The units shall be specified in the deed restriction at a Category 4 but sold for $305,000 ($15,000 under the maximum Category 4 sales price stated in the Guidelines). The qualified household must meet the minimum occupancy requirement for the unit (a household of three with at least one dependent as defined in the Guidelines), no higher than a Category 4 as specified in the Guidelines, and a minimum work history in Pitkin County of four years prior to application. All other conditions for a qualified employee must be adhered to as well. b. Since the project is a mixed commercial/free-market/deed-restricted project, the assessments shall be determined as stated in #2 below and approved by APCHA. This language shall be required in the approval and in the Covenants associated with the project. No changes to this restriction would be allowed without APCHA's approval. 2. The units shall be completed with a Certificate of Occupancy and be listed for sale at the initial price given above prior to the closing of any sale of a free-market unit. 3. The deed-restriction shall be recorded at the time of recordation of the Condominium Plat and prior to Certificate of Occupancy. 4. Each Affordable Housing Unit shall be assigned as least one (1) parking space in the sub-grade garage. Section 8: Water Department Requirements The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Each of the units within the building shall have individual water meters. Section 9: Sanitation District Requirements Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. Reso 7, Series 2011 Page 4 of 7 On-site utility plans require approval by ACSD. Oil and Grease interceptors (NOT traps) are required for all food processing establishment. Locations of food processing shall be identified prior to building permit. Even though the commercial space is tenet finish, interceptors will be required at this time if food processing establishments are anticipated for this project. Oil and Sand separators are required for parking garages and vehicle maintenance establishments. Driveway entrance drains must drain to drywells. Elevator shafts drains must flow thru 0/s interceptor Old service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements. Below grade development may require installation of a pumping system. One tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single service line. Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. All ACSD fees must be paid prior to the issuance o f a building permit. The glycol heating and snow melt system must be designed to prohibit and discharge of glycol to any portion of the public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. Soil Nails are not allowed in the public ROW above ASCD main sewer lines. Section 10: Exterior Lighting All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor Lighting. Section 11: Landscaping Planting in the Public Right of way will be subject to Landscaping in the ROW requirements. Improvements to the ROW should include new grass, irrigation and the applicant shall work with the Parks Department in order to design an appropriate trench box for the new tree plantings. Plans for the tree plantings should be completed and conceptually approved prior to City Council approval. The trench box or infrastructure for the sidewalk may require the use of new technologies which allow for structural support of a sidewalk and contribute to the growth and health of the tree roots. Tree plantings boxes are not approved for the landscaping in the right of way, Final layout and numbers of trees will be approved by the Parks and Engineering Departments prior to issuance of building permit. The walkway located on the western property line, and approved in Ordinance 41, Series of 2006, remains a requirement. _ Reso 7, Series 2011 Page 5 of 7 Section 12: Park Development Impact Fee Pursuant to Land Use Code Section 26.610, Park Development Impact Fee, the Applicant shall pay a park development impact fee prior to building permit issuance. The fee shall be calculated according to the fee schedule in Land Use Code Section 26.610.030, Fee Schedule. Section 13: Pedestrian Amenitv Cash-in-Lieu Fee Pursuant to Land Use Code Section 26.575.030, Pedestrian Amenity, the Applicant shall pay a cash-in-lieu fee for pedestrian amenity in the amount equal to ten percent of the lot area prior to building permit issuance. The fee is assessed based on the following calculation: Lot area = 10,000 square feet 10% of Lot Area = 1,000 square feet Payment = $50 x 1000 square feet Pedestrian Amenity Cash-in-Lieu = $50,000, Section 14: School Lands Dedication Fee Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall pay a fee-in-lieu of land dedication prior to building permit issuance. The City of Aspen Community Development Department shall calculate the amount due using the calculation methodology and fee schedule in affect at the time of building permit submittal. The Applicant shall provide the market value of the land including site improvements, but excluding the value of structures on the site. Section 15: 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 or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 16: 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 17: 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 8th day of March, 2010. Reso 7, Series 2011 Page 6 of 7 APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: ra /0/ 0.-*=ZIL Ctity Attorney Stan Gibbs, Chair ATTEST: *ke *44, blackie Lothian, Deputy City Clerk Reso 7, Series 2011 Page 7 of 7 EXHIBIT A8 ORDINANCE NO. 12 (SERIES OF 2011) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING W[TH CONDITIONS AN AMENDMENT TO A SUBDIVISION DEVELOPMENT ORDER, PLANNED UNIT DEVELOPMENT, AND REZONING FOR 625 E. MAIN STREET, LOTS E, F G AND THE EASTERLY 10 FEET OF LOT D, BLOCK 98, CITY AND TOWNSITE OF ASPEN, AND LOTS 5,6,7 AND THE EASTERLY 10 FEET OF LOT 4, BLOCK 29, EAST ASPEN ADDITIONAL TOWNSITE, COUNTY OF PITKIN, STATE OF COLORADO PARCEL NO. 2737-073-320-02 WHEREAS, the Community Development Department received an application from 625 Main Aspen, LLC, a Colorado limited liability company, represented by David Johnston Architects, requesting approval of an amendment to a growth management development order, two Growth Management Reviews, an amendment to a subdivision development order, Planned Unit Development, and rezoning to construct a mixed-use building consisting of 9,988 sf of net leasable space, two affordable housing residential units, and three free-market residential units; and, WHEREAS, the subject property is zoned C-1 (Commercial) and is legally described as Lots E, F G and the Easterly 10 feet o f Lot D, Block 98, City and Townsite of Aspen, and Lots 5, 6,7 and the Easterly 10 feet of Lot 4, Block 29, East Aspen Additional Townsite, County of Pitkin, State of Colorado (the "Property"); and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended approval with conditions, of the proposed subdivision and associated land use requests; and, WHEREAS, during a duly noticed public hearing on March 8, 2011, the Planning and Zoning Commission approved Resolution No. 7, Series of 2011, by a four to zero (4 - 0) vote, approving an amendment to a growth management development order, two Growth Management Reviews for the development of a mixed-use building that includes commercial space, office space, free-market housing, and affordable housing, and recommending that City Council approve with conditions an amendment to a subdivision development order, Planned Unit Development, and rezoning for the Property; and, WHEREAS, on April 11, 2011 the Aspen City Council approved Ordinance No. 12, Series 2011, on First Reading by a five to zero (5-0) vote, approving with conditions an amendment to a subdivision development order, Planned Unit Development, and rezoning of the Property; and, WHEREAS, during a public hearing on April 25,2011, the Aspen City Council approved Ordinance No. 12, Series 2011, by a four to one (4-1) vote, approving with conditions an RECEPTION#: 579930, 05/17/2011 at Ordinance 12, Series 2011 09:19:31 AM, 1 OF 8, R $46.00 Doc Code ORDINANCE Page 1 Janice K. Vos Caudill, Pitkin Counly, CO amendment to a subdivision development order, Planned Unit Development, and rezoning of the Property; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements ofthe Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion ofpublic health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Approval Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the Aspen City Council hereby approves with conditions an amendment to a subdivision development order, Planned Unit Development, and rezoning to construct a mixed-use building consisting of three (3) commercial units, three (3) free-market residential units, and two (2) deed- restricted affordable housing units on the Property. Section 2: Plat and Agreement Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the Applicant shall record a Subdivision/PUD agreement that meets the requirements of Land Use Code Section 26.480, Subdivision, and Land Use Code Section 26.445, Planned Unit Development, within 180 days of this approval. The Subdivision/PUD Agreement shall include a commitment to satisfy all conditions of Planning and Zoning Commission Resolution Number 7, Series of 2011,all conditions ofthis Ordinance, and a commitment to provide an escrow account for the purposes of ensuring adequate public safety ofthe site. A final Condominium Plat may be approved and signed by the Community Development Director upon substantial completion of construction. Section 3: Dimensional Requirements The project shall be subject to Aspen Municipal Code Chapter 26.575, Miscellaneous Supplemental Regulations and with the Commercial (C-1) zone district, in place at the time of land use application submittal in April 2006. Changes subsequent to issuance of a Certificate of Occupancy shall be subject to the Land Use Code in place at the time of proposed changes, with the exception of the size of the Free-Market units, and Free-Market Net Livable to Commercial Net Leasable Ratio as outlined in the table below. Ordinance 12, Series 2011 Page 2 -- Dimensional Requirement Proposed Dimensional Requirements Free Market Net Livable Area (NLA): 8,022 sf Above-Grade Commercial Net Leasable Area Free-Market Net Livable to (NLA): 7,869 sf Commercial Net Leasable Ratio The ratio is not met by 153 sf (There is 153 sf more Free-Market NLA than Commercial NLA). Unit A. 2,658 sf Maximum Residential Unit Size (Sq. Unit B. 2,837 sf Ft.) Unit C. 2,527 sf (Total size: 8,022 sf) The height of the mechanical equipment shall be limited to five (5) feet above the building height, or to a total of 43 feet, and the roof-mounted equipment shall be centered in the building. Section 4: Building Permit Application The building permit application shall include the following: a. A copy ofthe final Ordinance and P&Z Resolution. b. The conditions of approval printed on the cover page of the building permit set. c. A fugitive dust control plan to be reviewed and approved by the City Engineering Department. d. An excavation-stabilization plan, construction management plan (CMP), and drainage and spoils report pursuant to the Building Department's requirements. The CMP shall include an identification of construction hauling routes, construction phasing, and a construction traffic and parking plan for review and approval by the City Engineer and Streets Department Superintendent. The construction management plan shall also identify that the adjacent sidewalks will be kept open and maintained throughout construction, that landscapings, plantings and amenities on adjacent property will be protected, and that construction parking will not encroach on private property. e. Accessibility and ADA requirements shall meet adopted building code requirements. f. An approved Landscape and Grading Plan satisfying the requirements of the Parks, Engineering, and Building Departments, and consistent with Exhibit A to this Ordinance. g. A stormwater plan satisfying the requirements of the Engineering Department. Section 5: Trash/Utility Service Area The trash containers shall be wildlife proof and meet the regulations pertaining to size and security. Section 6: Sidewalks. Curb. and Gutter The finished floor of the building is approximately 1.3 feet above the top back of curb, it proposes challenges in meeting the department's standards for accessibility and door swing clearance along Main Street. Additionally structural soils will be required for the sidewalk to improve the growth area for the planting strip. Due to the condition ofthe curb and gutter that Ordinance 12, Series 2011 Page 3 c fronts the building, it will need to be replaced prior to CO of the building. Plans must be consistent with Exhibit A to this Ordinance. All improvements shall be made prior to a Certificate of Occupancy on any of the units within the development. Section 7: Affordable Housing 1. The mitigation with the two three-bedroom units has been satisfied. The owner shall convey an undivided 1/10th of 1% ownership interest in the lot on which the units are situated to APCHA. The APCHA ownership interest shall be in perpetuity or until such time as the units are converted to ownership units, or the statutoty restriction on rent conlrol units is eliminated. The units are to be ownership units sold through the lottery system after the initial sale, subject to the following conditions: a. The developer shall have the right to sell to a fully qualified household of its choice for the initial sale only. The units shall be specified in the deed restriction at a Category 4 but sold for $305,000 ($15,000 under the maximum Category 4 sales price stated in the Guidelines). The qualified household must meet the minimum occupancy requirement for the unit (a household of three with at least one dependent as defined in the Guidelines), no higher than a Category 4 as specified in the Guidelines, and a minimum work history in Pitkin County of four years prior to application. All other conditions for a qualified employee must be adhered to as well. b. Since the project is a mixed commercial/free-market/deed-restricted project, the assessments shall be determined based on the differential between the price values of the free-market component compared to the deed-restricted component and approved by APCHA. This language shall be required in the approval and in the Covenants associated with the project. No changes to this restriction would be allowed without APCHA' s approval. Voting rights shall be based on one vote per unit. 2. The units shall be completed with a Certificate of Occupancy and be listed for sale at the initial price given above prior to the closing of any sale of a free-market unit. 3. The deed-restriction shall be recorded at the time of recordation of the Condominium Plat and prior to Certificate of Occupancy. 4. Each Affordable Housing Unit shall be assigned as least one (1) parking space in the sub-grade garage. Section 8: Water Department Requirements The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Each of the units within the building shall have individual water meters. Ordinance 12, Series 2011 Page 4 Section 9: Sanitation District Requirements Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. On-site utility plans require approval by ACSD. Oil and Grease interceptors (NOT traps) are required for all food processing establishments. Locations of food processing shall be identified prior to building permit. Even though the commercial space is tenant finish, interceptors will be required at this time if food processing establishments are anticipated for this project. Oil and Sand separators are required for parking garages and vehicle maintenance establishments. Driveway entrance drains must drain to drywells. Elevator shafts drains must flow through the oil/sand interceptor Old service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements. Below grade development may require installation of a pumping system. One tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single service line. Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. All ACSD fees must be paid prior to the issuance of a building permit. The glycol heating and snow melt system must be designed to prohibit and discharge of glycol to any portion of the public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. Soil Nails are not allowed in the public ROW above ASCD main sewer lines. Section 10: Exterior Lighting All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor Lighting. Section 11: Landscaping Planting in the Public Right of way will be subject to Landscaping in the ROW requirements. Improvements to the ROW should include new grass, irrigation and the applicant shall work with the Parks Department in order to design an appropriate trench box for the new tree plantings. The trench box or infrastructure for the sidewalk may require the use of new technologies which allow for structural support of a sidewalk and contribute to the growth and health of the tree roots. Tree plantings boxes are not approved for the landscaping in the right of way. Final Ordinance 12, Series 2011 Page 5 4 layout and numbers of trees will be approved by the Parks and Engineering Departments prior to issuance ofbuilding permit. The walkway located on the western property line, and approved in Ordinance 41, Series of 2006, remains a requirement. Section 12: Park Development Impact Fee Pursuant to Land Use Code Section 26.610, Park Development Impact Fee, the Applicant shall pay a park development impact fee prior to building permit issuance. The fee shall be calculated according to the fee schedule in Land Use Code Section 26.610.030, Fee Schedule. Section 13: Pedestrian Amenitv Cash-in-Lieu Fee Pursuant to Land Use Code Section 26.575.030, Pedestrian Amenity, the Applicant shall pay a cash-in-lieu fee for pedestrian amenity in the amount equal to ten percent of the lot area prior to building permit issuance. The fee is assessed based on the following calculation: Lot area = 10,000 square feet 10% of Lot Area = 1,000 square feet Payment = $50 x 1000 square feet Pedestrian Amenity Cash-in-Lieu = $50,000, Section 14: School Lands Dedication Fee Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall pay a fee-in-lieu of land dedication prior to building permit issuance. The City of Aspen Community Development Department shall calculate the amount due using the calculation methodology and fee schedule in affect at the time of building permit submittal. The Applicant shall provide the market value of the land including site improvements, but excluding the value of structures on the site. Section 15: Parking The Applicant shall provide a minimum of thirteen (13) sub-grade parking spaces to be accessed from the alleyway via a car lift, and three (3) exterior parking spaces to be access from the alleyway. The Applicant shall assign at least one (1) sub-grade parking space for each Affordable Housing unit. Storage areas may be added to the parking stalls and the stalls may be enclosed in the future, as long as the parking spaces meet the minimum dimensions as outlined in the Municipal Code. Section 16: Financial Assurances The Owner commits and agrees that before a Building Permit is issued for any phase associated with the continuation of construction for the project at 625 East Main Street by Ordinance, the Owner shall provide to the City Building Department and the City Attorney for review and approval satisfactory evidence that the Owner has in place sufficient financing to accomplish and complete the construction related to the Building Permit being sought, including all private and Ordinance 12, Series 2011 Page 6, public improvements covered by the Building Permit, and all public improvements required under the Subdivision/PUD Agreement. Supporting cost estimates for all improvements covered by the requested Building Permit shall be prepared by the Owner's General Contractor and shall be delivered to the City Building Department for review and approval before the Building Permit is issued. A Certificate of Occupancy (CO) or a Conditional Certificate of Occupancy (CCO) shall not be issued for the project until the public improvements associated with the sidewalk area to the north of the property and any other additional public improvements that are required under the new Building Permit have been completed. Section 17: 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 or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 18: 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 19: 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 thereoÂ£ INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council ofthe City ofAspen on the 11th day ofApril, 2011. /:04*64.----/ p//-20, inichael Ir$fand, Mayor ATTEST: 14~Juu.3* 4*--- 'Kathryn S. ~jith, City Clerk Ordinance 12, Series 2011 Page 7 f FINALLY, adopted, passed and approved this 25th day of April, 2011. Michdel Ireland, Mayor ATTEST: X Ki City Clerk APPROVED AS TO FORM: ./364 04 6Iebli-P. Worcester, City Attorney Ordinance 12, Series 2011 Page 8 EXHIBIT A9 NOTICE OF APPROVAL For Commercial Design Standard Amendment at 625 E Main Street, Legally Described as Lots E, F, G and the Easterly 10 feet of Lot D, Block 98, City and Townsite of Aspen, CO AND Lots 5,6,7, and the Easterly 10 feet of Lot 4, Block 29, East Aspen Additional Townsite Parcel ID No. 2737-073-32-002 OWNER: 625 Main Aspen, LLC 1482 East Valley Road, Suite 463 Montecito, CA 93108 SUBJECT & SITE OF AMENDMENT: Amendment to Commercial Design Standards for Lots E, F, G, and the Easterly 10 feet of Lot D, Block 98, City and Townsite o f Aspen, commonly known as 625 E Main, or the old Stage 3 Theater. The applicant is requesting an Insubstantial Commercial Design Amendment, pursuant to Land Use Code Section 26.412.080.A. This amendment falls under the Land Use Code in effect at the time of the original application, which was made in April of 2006. SUMMARY: On February 12,2007, City Council granted approval of Ordinance No. 41, series o f 2006, to construct a new mixed-use building at 625 E Main St. The owner received a building permit and began construction in early 2007. In the fall of 2008, after significant foundation and structural work had been completed, construction was halted and has remained dormant. In the fall of 2010, the project went to auction and was purchased by the current owner, and applicant for this amendment. In early 2011, the applicant requested an amendment to the original approval to decrease the overall size of the building, lower the number of parking spaces and residential units, and to increase the amount of net leasable space. The Planning and Zoning Commission granted approval for a Growth Management Amendment, and recommended City Council approve a PUD amendment (P&Z Resolution 7, Series of 2011). On April 25, 2011, the City Council approved a new PUD and a Subdivision Amendment (Ordinance 12, Series of 2011). Following the approvals, the applicant determined that minor changes to the design were desirable. These changes involve the materials, and clarifying some of the massing changes approved by P&Z and City Council. The applicant proposes slightly amending the alley massing from the original 2007 approval to be consistent with representations made to P&Z and City Council. This includes simplifying the color and material palette, and providing updated alley elevations that reflect the elimination of mass along the alley frontage. The applicant also proposes slightly amending the mass and material palette from that approved in 2007. Because this project is located in the Commercial (C-1) Zone District, the applicant desires to focus the design on the commercial entrances at the ground floor, rather than the residential entrance. To do this, the applicant has proposed a minor modification to the second floor cornice line, and to the massing around the center residential entrance. A copy of the previously approved design (from 2007) is attached as Exhibit B, and a copy of the proposed design is attached as Exhibit A. pg. 1 STAFF EVALUATION: Staff finds that the request meets the requirements of an Insubstantial Commercial Design Amendment. The changes in massing are consistent with the 2011 approvals by the Planning & Zoning Commission and City Council. In addition, the material and color palette changes are of minimal nature, and increase the sense of this being a commercial building. The changes are consistent with the Commercial Design Standards in effect in 2006. DECISION: The Community Development Director finds the request to amend the 2007 Commercial Design Standard approval as noted above and in Exhibit 'C' is consistent with the review criteria and thereby, APPROVES the exemption as specified below. 1. The applicant must abide by all conditions in P&Z Resolution 7, Series of 2011, and City Council Ordinance 12, Series of 2011. 2. Signage and Lighting have not been approved as part of this amendment or the 2011 approvals. All signage and lighting must comply with the standards in place at the time of an application for lighting and signage. 3. Any changes to the project following building CO must be processed under the code in place at the time of that application. 4. A copy of the design approved herein shall be included as part of the PUD and Subdivision Improvement Agreement APPROVED BY: (14% 3Dkk 21 1011 Chris Bendon Date Community Development Director Attachments: Exhibit A - Design approved through this amendment Exhibit B - Previously approved design (from 2007) Exhibit C - Staff Review Criteria Pg. 2 Exti bit A ~ -3 ..~AmW*Â·,i'.4 1â€¢t~l/'Â·0*90 ,.â€¢1~Att,{~'.'.Â·1 -'IMâ€¢Al'll -L[ ,Â¢â‚¬~Â¢11(....:/In//' - ..#WW#.11 OUS~F~'4tl% v.c.jo*.-- I 1 11--/1 1 1 1 1 Frl 'd ~ L h ip '1 .1 .1 .1 1 1 71 1 .1 1 t. -1-71 1 1-, 7.~-1.-'~ 1 1 - 5'Â·'0/IMID...10Â·I 1 L:41:y, f.14.4 1 U|YÂ· 4. t .4 Â·.1.9.(Â·M , ..P':64..?41< .j; ....L' 1,1-,1. ~411 ...1.1 kJ~.13 1~14~ " | tr ' 3.1 1 k t .... 1 1 Ill 1 -1./. Ell 12.. . ... 17.- ~ f,7 - VIAL 000*5 t.. 0 1."SH I .@i,223* 2>QÂ¢j>~b ;36'3441 ~ 1 . * + :9. â€ž 4 3 ' 14. 14 1 -1 4&5--i â€¢IÂ·Â· Â·i 2=,%*51- 4 1\ 1-r L-[N......6 u5111' HUM. ............. 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I 14~-4' 7~- \ 1. : \ 0 1 /1. . 0/ - 44 FLOOR E â€¢ B'-18~ Â·kÂ·, 7, 4 5/2//7 ' . r= 625 .-0. --c ...; ** Â·Â« .fr.~* ef ~;)Â·Â§h#Â¥â€¢.IYC Â·&90Â·4; .2Â·~Â·fi~2Â·Â·fi. Â·iâ€¢ 7 .:'... Â·Â·Â·Â· Â¢ , j Â¥ 0 - AOOR 4 Et- i *100: (â€¢14,8 4699 625 East Main Street Redevelopment: approved main street (north) elevation (not to scale) Edi\oiÂ¥% i m. - 140'-4- 1 11 , .. =1 t=r ' t=1~ ./i == --Ill./--I..--# ---- - P 1 11 h - 4 - -- -r:Osgr--4 J 1 " EL C r El 13-2 - - i= E CO Al A =1 mn 1 1 1 IÂ·.I Il i 'rÂ·*Th -Ilili:Â·lili r.4. 1. 11 Hill .11.11 1.,11.Ii 11'ri .,5/ -.' r>' 121 W -1, .1 1 1 1. 1. 1 . 1 '16- E--44*c It,1,1,11,21 lit-rl.+42.Â·it '-,1, ' Â·'Â· 'Â·-' I 1Â· i',Â·1 1Â·1 1 Â·Itt= 11 + 1 .1 1'' 1 1-41 1.41 111 1 Id ..It 1.'IÂ·i'1.4 41 .1 3'1,1+4, Â·Â·1 1 1 .N ' ' LI.I 1 -1 . '11,1.1. 1 r..1 :17-W-;-p p I .1 1-1.IÂ·1 1Â·1 -IiI 1.1 j 9 T 'El' ti <1, 1Â·.1'4â€¢ +Â·Â·1 2''M:Â·:Â·'... '-rrT"m- 1 -4Â» 1 :?1Â·: 1/ 1 1â€¢~91 1,6 Â·=1. 1 1,1 lin'Â· 1 Â·,>1Â· ~ 69 1.'t Â·.1 Â· 't-Â· 1-,Â· *.' 1 \-tÂ·; I'l-Â·Irlâ€¢, â€¢I-/...1. -7-tr'r-.,1.'Â·,19 1>t Â·i' F'q 111Â·1 1-Â·1â€¢ 11Â·lilli IÂ·..i. rbi 1 .6.1 1*t FLOOR f?L â€¢ â€¢Ily ~ fâ€¢Â·MIS.46') 625 East Main Street Redevelopment: approved alley (south) elevation (not to scale) Exhibit C: Staff Findings 26.412.080 Amendment of Commercial Design Review Approval A. Insubstantial Amendment An insubstantial amendment to a Commercial Design Review approval may be authorized by the Community Development Director if: 1. The change is in conformance with the Design Standards, Section 26412.060, the change represents a minimal afect on the aesthetics of the proposed development, or the change is consistent with representations made during the original review concerning potential changes of the development proposal considered appropriate by the decision-making body; and, Staff Finding: This project is being reviewed under the 2006 Land Use Code. Staff finds that the proposed changes are consistent with the massing changes approved by City Council in Ordinance 12, Series of 2011. In addition, the material changes represent a minimal change to the aesthetics of the proposed development. The proposal uses materials similar to those previously approved, while streamlining the design and material palette. Finally, the proposed changes are consistent with the Commercial Design Standards outlined in Section 26.412.060. Staff finds this criterion to be met. 2. The change requires no other land use action requiring review by the Planning and Zoning Commission. Staff Finding: No other land use reviews are required. Staff finds this criterion to be met, RECEPTION#: 581599, 08/02/2011 at 09:06:02 AM, 1 OF 17, R $91.00 Janice K. Vos Caudill, Pitkin County, CO EXHIBITA10 PLANNED UNIT DEVELOPMENT AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 625 MAIN STREET THIS PLANNED UNIT DEVELOPMENT AND SUBDIVISION IMPROVEMENT AGREEMENT ("Agreement") is made and entered into this 9 / day of 4 u.401 , 2011, by and between THE CITY OF ASPEN, COLORADO, a Colorado hothe rule municipal corporation ("City") and 626 MAIN ASPEN, LLC, a Colorado limited liability company ("Ownef'). Recitals A. Owner owns the real property and improvements located at 625 East Main Street within the City and more particularly described as Lots E, F, G, and the Easterly 10 Feet of Lot D, Block 98, City and Townsite of Aspen, and Lots 5,6,7, and the Easterly 10 Feet of Lot 4, Block 29, East Aspen Additional Townsite, County of Pitkin, State of Colorado ("Property"). B. The previous owner of the Property was Aspen Main Street Properties, LP ("AMSP"). AMSP obtained approval from the City for three (3) Growth Management Quota System allotments pursuant to Section 26.4 70.040 of the City of Aspen Land Use Code (the "Code"), Commercial Design Review pursuant to Section 26.412 of the Code, and Subdivision Approval pursuant to Section 26.480.050 of the Code to construct a mixed-use building on the Property. These City approvals where memorialized in Resolution 27, Series 2006, adopted by the Aspen Planning and Zoning Commission on September 5,2006 and recorded as Reception No. 52882, and Ordinance 41, Series 2006, adopted by the Aspen City Council on February 12, 2007 and recorded as Reception No. 534937 ("Prior Approvals"). C. Pursuant to the Prior Approvals, the City and AMSP entered into that certain Subdivision Agreement dated as of June 25,2007, and recorded on July 6,2007, as Reception No. 539663 ("Prior Subdivision Agreement"). D. AMSP commenced construction of a mixed-use building on the Property pursuant to the Prior Approvals and then encountered financial difficulties, resulting in the sale of the Property to Owner. E. Prior to resuming construction of the building, Owner decided to modify and redesign the building and as a result applied to the City for various amendments to the Prior Approvals, including Planned Unit Development approval and rezoning approval for a redesigned mixed-use building on the Property consisting of 9,988 square feet of above-grade net leasable commercial space, two (2) affordable housing residential units, and three (3) free-market residential units (the "Revised Project"). F. On March 8,2011, the Planning and Zoning Commission approved Resolution No. 7, Series of 2011 C'2011 Resolution"), approving an amendment to a growth management development order and two (2) Growth Management Reviews for the development of the Revised Project, and recommending that the City Council approve with conditions an amendment to a subdivision development order, Planned Unit Development and rezoning for the {A0009253 /4 } RECEPTION#: 581599, 08/02/2011 at 09:06:02 AM, 2 OF 17, Janice K. Vos Caudill, Pitkin County, CO Property. On April 25, 2011, the Aspen City Council approved Ordinance No. 12, Series 2011 ("2011 Ordinance") and together with the 2011 Resolution, ("2011 Approvals"), approving with conditions an amendment to a subdivision development order, Planned Unit Development, and a rezoning of the Property, subject to certain conditions. G. Pursuant to the requirements of the Aspen City Council pursuant to the 2011 Ordinance, Owner desires to enter into this Agreement pursuant to Section 26.480, Subdivision, and Section 26.445, Planned Unit Development, of the Code. Agreement NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the approval, execution, and acceptance of this Agreement for recordation by the City, and for other good and valuable consideration, the receipt and sufficiency o f which are hereby acknowledged, the parties agree as follows: ARTICLE I. PURPOSE AND EFFECT 1.1. Purpose. The purpose of this Agreement is to set forth the complete and comprehensive understanding and agreement of the parties with the respect to the Revised Project and to enumerate all terms and conditions under which such development may occur. 1.2. Effect. It is the intent of the parties that this Agreement shall supersede and replace in its entirety the Prior Subdivision Agreement for the Property. The Prior Subdivision Agreement is hereby terminated and released. ARTICLE II. ZONING AND REGULATORY APPROVALS 2.1. Inconsistencies. The Prior Approvals shall remain in full force and effect and shall be complied with except to the extent modified or superseded by the New Approvals. In the event of any inconsistencies between the New Approvals and the Prior Approvals, the New Approvals shall govern and control. In the event of any inconsistencies between the 2011 Resolution and the 2011 Ordinance, the 2011 Ordinance shall govern and control. In the event of any inconsistencies between this Agreement and the Prior Approvals or the New Approvals, the New Approvals shall govern and control. 2.2. Commercial Design Review. An insubstantial amendment to the Commercial Design Review for the building was granted administratively on June 22, 2011, and recorded at Reception No. 580888. 2.3. Condominium Map. The final condominium map of the Revised Project may be approved and signed by the Community Development Director upon substantial completion of construction of the Revised Construction, provided the City acknowledges that the condominium map may be completed and recorded before the interior finishes of the building are completed so long as the core and shell elements are substantially completed and the surveyor who prepares the 2 {A0009253 /4} RECEPTION#: 581599, 08/02/2011 at 09:06:02 AM, 3 OF 17, Janice K. Vos Caudill, Pitkin County, CO condominium map certifies that it complies with all requirements of the Colorado Common Interest Ownership Act. 2.4. Recording. Owner shall record this Agreement in the office of the Pitkin County Clerk and Recorder within 180 days o f the effective date of the 2011 Ordinance. Whereas the development is configured in such a way that a subdivision plat is similar to a condominium map, the subdivision plat shall be recorded at the time the condominium map for the Revised Project is recorded. Recordation shall occur after building permit issuance, but prior to the issuance of a certificate ofoccupancy. 2.5. Vested Rights. The 2011 Approvals, the final Subdivision Plat and any Condominium Maps, when recorded, all as amended and this Agreement between the parties, collectively granting and defining the final approvals for the Project constitute an approved "site- specific development plan" pursuant to Â§24-68-101, et seq., C.R.S. ("Vested Rights Statute"), and shall establish vested property rights to develop the Property in the manner contemplated by the 2011 Approvals pursuant to the Vested Rights Statute until three (3) years from the publication of the development order for the Project (the "Vesting Period Expiration Date"). The publication of the development order was May 8, 2011, so the Vesting Period Expiration Date is May 8, 2014. The project shall be vested against any changes in the City Code which may be contrary or in conflict with those rights described herein above, through the Vesting Period Expiration Date. ARTICLE III. DEVELOPMENT AND USE REQUIREMENTS AND RESTRICTIONS 3.1. Dimensional Requirements. The Revised Project shall be subject to Section 26.575 of the Code, Miscellaneous Supplemental Regulations, and the Commercial (C-1) zone district provisions in place at the time of the land use application submittal for the Prior Approvals in April 2006. Changes subsequent to issuance of a Certificate of Occupancy for the Revised Project shall be subject to the Code in place at the time of the proposed changes, with the exception of the size of the Free-Market units, and Free-Market Net Livable to Commercial Net Leasable Ratio as described in the table below. Dimensional Requirement Dimensional Requirements Free Market Net Livable Area (NLA): 8,022 sf Free-Market Net Livable to Commercial Net Leasable Ratio Above-Grade Commercial Net Leasable Area (NLA): 7,869 sf Unit A. 2,658 sf Unit B. 2,837 sf Maximum Free-Market Residential Unit Size (Sq. Ft.) Unit C. 2,527 sf (Total size: 8,022 sf) 3 {A0009253 /4 } RECEPTION#: 581599, 08/02/2011 at 09:06:02 AM, 4 OF 17, Janice K. Vos Caudill, Pitkin County, CO 3.2. Mechanical Equipment Height. The height of the mechanical equipment shall be limited to five (5) feet above the building height, or to a total of 43 feet. The roof-mounted equipment shall be centered in the building. 3.3. Building Permit Requirements. The building permit application for the Revised Project shall include the following: (A) A copy of this Agreement, the 2011 Ordinance and 2011 Resolution. (B) The conditions of approval printed on the cover page of the building permit set. (C) A fugitive dust control plan to be reviewed and approved by the City Engineering Department. (D) An excavation-stabilization plan, construction management plan ( CMP"), " and drainage and spoils report pursuant to the Building Department's requirements. The CMP shall include an identification of construction hauling routes, construction phasing, and a construction traffic and parking plan for review and approval by the City Engineer and Streets Department Superintendent. The CMP shall also identify that the adjacent sidewalks will be kept open and maintained throughout construction, that landscapings, plantings and amenities on adjacent property will be protected, and that construction parking will not encroach on private property. (E) Accessibility and ADA requirements shall meet adopted building code requirements. (F) An approved Landscape and Grading Plan satisfying the requirements of the Parks, Engineering, and Building Departments, and consistent with Exhibit A to the 2011 Ordinance. (G) A stormwater plan satisfying the requirements of the Engineering - Department. 3.4. Trash Containers. The trash containers for the Revised Project shall be wildlife proof and meet the regulations pertaining to size and security. 3.5. Sidewalks, Curb and Gutter. The finished floor of the building is approximately 1.3 feet above the top back of the curb on Main Street. This condition poses challenges in meeting the City's standards for accessibility and door swing clearance along Main Street. Additionally, structural soils will be required for the sidewalk to improve the growth area for the planting strip between the sidewalk and the back of the curb. Due to the condition of the curb and gutter that fronts the building along Main Street, the curb and gutter will need to be replaced prior to issuance of a Certificate of Occupancy for the building. The plans for the curb and gutter must be consistent with Exhibit A to the 2011 Ordinance. The sidewalk and curb and 4 - {A0009253 /4} RECEPTION#: 581599, 08/02/2011 at 09:06:02 AM, 5 OF 17, Janice K. Vos Caudill, Pitkin County, CO gutter improvements must be completed prior to the issuance of a certificate of occupancy for any o f the units within the Revised Project. 3.6. Affordable Housing. The City's affordable housing mitigation requirements have been satisfied for the Revised Project with the two three-bedroom affordable housing units. The units are to be ownership units sold through the lottery system after the initial sale by Owner, subject to the following conditions: (A) Owner, as the developer of the Revised Project, shall have the right to sell to a fully qualified household of its choice for the initial sale only. The units shall be specified in the deed restriction as being Category 4 units but shall be initially sold for $305,000 ($15,000 under the maximum Category 4 sales price stated in the current APCHA Guidelines). The qualified household must meet the minimum occupancy requirement for the unit as defined in the APCHA Guidelines, no higher than a Category 4 as specified in the APCHA Guidelines, and a minimum work history in Pitkin County of four years prior to application. All other conditions for a qualified employee must be - adhered to as well. (B) Because the project is a mixed commercial/free-market/deed-restricted project, the condominium association assessments shall be determined based on the differential between the price values of the free-market component compared to the deed- restricted component and approved by APCHA. This language governing the condominium association assessments shall be included in the condominium declaration for the Revised Project and may not be altered without APCHA's approval. Voting rights shall be based on one vote per unit. (C) The affordable housing units shall be completed with a Certificate of Occupancy and be listed for sale at the initial price given above prior to the closing of any sale of a free-market unit. (D) The affordable housing deed restriction shall be recorded at the time of recordation of the condominium map and prior to Certificate of Occupancy for the Revised Project. (E) Each affordable housing unit shall be assigned as least one (1) parking , space in the sub-grade garage 3.7. Water Department Requirements. Owner shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) ofthe Code, as required by the City of Aspen Water Department. Each of the units within the building shall have individual water meters. 3.8. Sanitation District Requirements. Sanitary sewer service is contingent upon compliance with the rules, regulations, and specifications of the Aspen Consolidated Sanitation District ("ACSD"), which are on file at the ACSD office. The parties acknowledge that ACSD will review the approved drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. The following conditions shall also be satisfied: 5 {A0009233 /4} RECEPTION#: 581599, 08/02/2011 at 09:06:02 AM, 6 OF 17, Janice K. Vos Caudill, Pitkin County, CO (A) On-site utility plans require approval by ACSD. Oil and grease interceptors (NOT traps) are required for all food processing establishments. Locations of food processing shall be identified prior to building permit. Even though the commercial space is subject to tenet finish, interceptors will be required at the time of initial construction if food processing establishments are anticipated for the Revised Project. (B) Oil/sand separators are required for parking garages and vehicle maintenance establishments. Driveway entrance drains must drain to drywells. Elevator shafts drains must flow through the oil/sand interceptor. (C) Old service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements. Below grade development may require installation of a pumping system. (D) One tap is allowed for each building. Shared service line agreements may - be required where more than one unit is served by a single service line. (E) Permanent improvements are prohibited in sewer easements or right-of- ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public right-of-ways or easements to be dedicated to the district. (F) All ACSD fees must be paid prior to the issuance of a building permit. (G) The glycol heating and snow melt system must be designed to prohibit the discharge of glycol to any portion of the public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. (H) Soil nails are not allowed in the public right-of-way above ASCD main sewer lines. 3.9. Exterior Lighting. All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Code Section 26.575.150, Outdoor Lighting. 3.10. Landscaping. Planting in the public right-of-way will be subject to the City's "Landscaping in the ROW" requirements. Improvements to the right-of-way should include new grass, irrigation and Owner shall work with the City's Parks Department in order to design an appropriate trench box for the new tree plantings. The trench box or infrastructure for the sidewalk may require the use of new technologies that allow for structural support of a sidewalk and contribute to the growth and health of the tree roots. Tree plantings boxes are not approved for the landscaping in the right-of-way. Final layout and numbers of trees will be approved by the City's Parks and Engineering Departments prior to issuance of a building permit. 3.11. West WalkwaY. The walkway to be located on the western property line of the Property, and approved as part of the Prior Approvals, remains a requirement. 3.12. City Fees. 6 {A0009253 /4 } RECEPTION#: 581599, 08/02/2011 at 09:06:02 AM, 7 OF 17, Janice K. Vos Caudill, Pitkin County, CO (A) Pursuant to Code Section 26.610, Park Development Impact Fee, Owner shall pay a park development impact fee prior to building permit issuance. The fee shall be calculated according to the fee schedule in Code Section 26.610.030, Fee Schedule. (B) Pursuant to Code Section 26.630, School Lands Dedication, Owner shall pay a fee-in-lieu of land dedication prior to building permit issuance. The Community Development Department shall calculate the amount due using the calculation methodology and fee schedule in affect at the time of building permit submittal. Owner shall provide the market value of the land including site improvements, but excluding the value of structures on the site. (C) The City acknowledges that the fees listed on the table attached to this Agreement as Exhibit A have already been paid by Owner or AMSP and that Owner shall receive full credit for the payment of such fees. 3.13. Parking and Storage. Owner shall provide a minimum of thirteen (13) sub-grade parking spaces to be accessed from the alleyway via a car lift, and three (3) exterior parking spaces to be accessed from the alleyway. A minimum of 6 parking spaces are required for the commercial net leasable space, pursuant to Code Section 26.515, Ojf-Street Parking and the 2011 Approvals. Owner shall assign at least one (1) sub-grade parking space for each affordable housing unit. Storage areas may be added to the parking stalls and the stalls may be enclosed in the future, as long as the parking spaces meet the minimum dimensions as outlined in the Code. 3.14. Material Representations. All material representations and commitments made by Owner pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. ARTICLE IV. FINANCIAL ASSURANCES 4.1. Financial Ability to Perform. Owner commits and agrees that before any additional building permit is issued for any subsequent phase associated with the continuation of construction for the Revised Project, the Owner shall provide to the City's Building Department and the City Attorney for review and approval satisfactory evidence that Owner has in place sufficient financing to accomplish and complete the construction related to the building permit being sought, including all private and public improvements covered by the building permit, and all public improvements required under this Agreement. Supporting cost estimates for all improvements covered by the requested building permit shall be prepared by Owner's general contractor and shall be delivered to the City's Building Department for review and approval before the building permit is issued. 4.2. CO Condition. A Certificate of Occupancy (CO) or a Conditional Certificate of Occupancy (CCO) shall not be issued for the Revised Project until the public improvements associated with the sidewalk area to the north of the Property and any other additional public improvements that are required under the new building permit have been completed. 7 {A0009253 /4} RECEPTION#: 581599, 08/02/2011 at 09:06:02 AM, 8 OF 17, Janice K. Vos Caudill, Pitkin County, CO 4.3. Public Safetv Assurance. The City is requiring Owner to provide assurances that the Property will be safe for the public if construction of the Revised Project is abandoned by Owner as AMSP abandoned construction of the original project. To provide the City with these assurances, Owner agrees as follows: (A) Owner owns the construction fencing that currently surrounds the Property. Owner hereby grants the City the right to take possession and control of such construction fencing and maintain it around the perimeter of the Property if the City determines, pursuant to the non-compliance provisions of Article V below, that Owner has abandoned construction of the Revised Project and that Owner is not maintaining the Property in a safe condition (an "Abandonment Determination"). (B) In addition, if the City makes an Abandonment Detennination, the City shall have the right enter onto the Property and take such actions as are reasonably necessary to render the construction site safe for the public and not have it become an attractive nuisance, a place for vagrants to seek shelter or otherwise a public hazard. Such work may include, without limitation, covering any holes, closing up any open door or window openings and removing any potentially hazardous construction materials or debris. All costs reasonably borne by the City in taking such actions following an Abandonment Determination shall be reimbursed by Owner to the City within 30 days following Owner's receipt of an invoice for such costs. (C) To provide security to the City that Owner will satisfy its potential obligations pursuant to this Section 4.3, Owner agrees to place with the City a deposit in the amount of $20,000.00 as a condition of issuance of the building permit for the Revised Project. Such amount shall be held by the City for the account of Owner pursuant to this Section 4.3 and may only be used by the City for the payment of Owner's obligations pursuant to this Section 4.3. Upon substantial completion of the Revised Project, as evidenced by the issuance of a CO or COO, the City shall refund to Owner any unused portion of such deposit. ARTICLE V. NON-COMPLIANCE AND REQUESTS FOR AMENDMENTS OR EXTENSIONS 5.1. In the event that the City Council determines that Owner is not acting in substantial compliance with the terms of this Agreement, the City Council shall notify Owner in writing specifying the alleged non-compliance and ask that Owner remedy the alleged non- compliance within such reasonable time as the City Council may determine, but not less than thirty (30) days. If the City Council determines that Owner has not complied within such time, the City Council may issue and serve upon Owner a written order specifying the alleged non- compliance and requiring Owner to remedy the same within thirty (30) days. Within twenty (20) days of the receipt of such order, Owner may file with the City Council either a notice advising the City Council that it is in compliance or a written petition requesting a hearing to determine any one or both of the following matters: (A) Whether the alleged non-compliance exists or did exist, or 8 {A0009253 /4} RECEPTION#: 581599, 08/02/2011 at 09:06:02 AM, 9 OF 17, Janice K. Vos Caudill, Pitkin County, CO ' (B) Whether a variance, extension of time or amendment to this Agreement should be granted with respect to any such non-compliance which is determined to exist. Upon the receipt of such petition, the City Council shall promptly schedule a hearing to consider the matters set forth in the order of non-compliance and in the petition. The hearing shall be convened and conducted pursuant to the procedures normally established by the City Council for other hearings. If the City Council determines by a preponderance of the evidence that a non-compliance has not been remedied, it may issue such orders as may be appropriate, including the imposition of daily fines until such non-compliance has been remedied, the withholding of permits and/or certificate of occupancy as applicable; provided, however, no order shall terminate any land use approvals. The City Council may also grant such variances, extensions of time, or amendments to this Agreement as it may deem appropriate under the circumstances. The parties expressly acknowledge and agree that the City Council shall not unreasonably refuse to extend the time periods for performance hereunder if Owner demonstrates by a preponderance of the evidence that the reasons for the delay(s) which necessitate said extension(s) result from acts of God or other events beyond the reasonable control of Owner, despite good faith efforts on Owner's part to perform in a timely manner. ARTICLE VI. GENERAL PROVISIONS 6.1. Notices. Notices to the parties shall be sent in writing by U.S. certified mail, return receipt requested, postage prepaid or hand delivered. Such notices shall be deemed received, if not sooner received, three (3) days after the date of the mailing of the same or in the case of hand delivery, upon such delivery. To the Owner: 625 Main Aspen, LLC 1482 East Valley Rd. Suite 463 Montecito, CA 93108 With a copy to: Waas Campbell Rivera Johnson & Velasquez LLP - Attn: Bart Johnson 420 E. Main Street, Ste. 210 Aspen, CO 81611 To the City: City of Aspen Attn: City Attorney 130 South Galena St. Aspen, CO 81611 9 {A0009253 /4} RECEPTION#: 581599, 08/02/2011 at 09:06:02 AM, 10 OF 17, Janice K. Vos Caudill, Pitkin County, CO The parties hereto shall have the right from time to time to change their respective addresses, and each shall have the right to specify as its address any other address within the United States of America by at least five (5) days' written notice. 6.2. Disputes. In the event of any litigation arising from this Agreement, the prevailing party shall be entitled to receive reimbursement from the non-prevailing party for all if its reasonable attorneys' fees and expenses incurred in such litigation. 6.3. Binding Effect. The provisions of this Agreement shall run with and constitute a burden on the land and shall be binding upon and inure to the benefit of the Owners, their successors and assigns, and to the City and its successors and assigns. 6.4. Amendment. This Agreement may be altered or amended only by written instrument executed by all parties hereto, with the same formality as this Agreement was executed. 6.5. Severability. If any provision, paragraph, sentence, clause, phrase, word, or section of this Agreement is determined to be invalid, such invalidity shall not affect the remaining provisions hereof. 6.6. Headings. Numerical and title headings contained in this Agreement are for convenience only, and shall not be deemed determinative of the substance contained herein. ENTERED INTO as of the date given in the first paragraph of this Agreement. [remainder of page intentionally blank; signature page follows] 10 {A0009253 /4} RECEPTION#: 581599, 08/02/2011 at 09:06:02 AM, 11 OF 17, Janice K. Vos Caudill, Pitkin County, CO THE CITY: THE CITY OF ASPEN, COLORADO, a Colorado home rule municipal corporation < BY. 4 2-~64 1 401-ori Michael C. Ireland, Ma~r ATTEST: 44Â»44 Kathryn Koch, gity Clerk APPROVED AS TO FORM: r---3*,a#46 Joknr*urgemer, Esq., City Attorney OWNER: 625 MAIN ASPEN, LLC, a Colorado limited liability company By: 94440- 12 JeÂ®4~rdÂ°Ptanager STATE OF COLORADO } } SS. COUNTY OF PITKIN } The foregoing instrument was acknowledged before me this ~~day of ~LA/~' ' 2011,by Jeffrey Cardot as Manager of 625 Main Aspen, LLC, a Colorado limefliabilit~ company. Witn,30*~~~ d official seal. U W.... ..:*t Mffl,!25#1es on 777 Â£Â«-60/L /0, 210-/ F %<UBLIC.Â·Â·CM -21~4 te,A ' My Commission Expres March 10 2012 Notary Public ~ 11 {A0009253 /4} RECEPTION#: 581599, 08/02/2011 at 09:06:02 AM, 12 OF 17, Janice K. Vos Caudill, Pitkin County, CO EXHIBIT A TABLE OF CITY FEES ALREADY PAID [see attached page] 12 {A0009253 /4} RECEPTION#: 581599, 08/02/2011 at 09:06:02 AM, 13 OF 17, Janice K. Vos Caudill, Pitkin County, CO Permit Fee Estimate Current Date May 06, 2011 Permit Type Aspen Commercial Black Permit # 0066.2007.ACBK Address 625 E MAIN ST - ASPEN CO 81611 Fee Description Fee Amount Eng System Development Fee $28,800.00 Aspen Hourly Zoning Fee $0.00 Bldg Permit Extension Fee $0.00 Aspen Comm Zoning $26,020.00 Reinspection Fee $0.00 Bldg Aft Hrs Inspect Fee $0.00 Actual Permit Valuation Recalc $0.00 PEDESTRIAN AMENITY $50,000.00 Aspen Building Permit Fee $49,249.25 Change Order Permit Fee $0.00 Aspen Excavation/Foundation $17,237.24 Aspen Hourly Plan Check $0.00 Aspen Energy Code $4,716.85 County Use Tax Deposit $0.00 Aspen Plan Check $30,659.49 Aspen GIS $55.00 Aspen Fire Sprlnkler Fee $0.00 1 Aspen Red-Tag Fee $0.00 Aspen Fire Plan Check $0.00 Total $206,737.83 RECEPTION#: 581599, 08/02/2011 at 09:06:02 AM, 14 OF 17, Janice K. Vos Caudill, Pitkin County, CO tyler Permit Receipt CITY OF ASPEN TECHNOLOGIES RECEIPT NUMBER 00023800 Account Number: 26200 Date: 7/16/2008 Applicant: CHARLES CUNNIFFE ARCHITECTS Type: check # 355774 Permit Number Fee Description Amount 0066.2007.ACBK Aspen Excavation/Foundation 728.28 0066.2007.ACBK Eng System Development Fee 28,800.00 0066.2007.ACBK Aspen Building Permit Fee 49,249.25 0066.2007.ACBK Aspen Comm Zoning 5,204.00 Total: $83,981.53 RECEPTION#: 581599, 08/02/2011 at 09:06:02 AM, 15 OF 17, Janice K. Vos Caudill, Pitkin County, CO tyler Permit Receipt CITY OF ASPEN T EC H N O 1 C) (3 1 it* 5 RECEIPT NUMBER 00022913 Account Number: 26200 Date: 3/26/2008 Applicant: CHARLES CUNNIFFE ARCHITECTS Type: check # 28041 Permit Number Fee Description Amount 0066.2007.ACBK Aspen Excavation/Foundation 16,508.96 Total: $16,508.96 RECEPTION#: 581599, 08/02/2011 at 09:06:02 AM, 16 OF 17, Janice K. Vos Caudill, Pitkin County, CO tyler Permit Receipt CITY OF ASPEN TECHNOLOGIE, RECEIPT NUMBER 00022912 Account Number: 26200 Date: 3/26/2008 Applicant: CHARLES CUNNIFFE ARCHITECTS Type: check # 1278 Permit Number Fee Description Amount 0066.2007.ACBK PEDESTRIAN AMENITY 50,000.00 Total: $50,000.00 RECEPTION#: 581599, 08/02/2011 at 09:06:02 AM, 17 OF 17, Janice K. Vos Caudill, Pitkin County, CO CITY OF ASPEN tyler Permit Receipt TECH NO LOGI E S RECEIPT NUMBER 00021770 Account Number: 26200 Date: 8/10/2007 Applicant: CHARLES CUNNIFFE ARCHITECTS Type: check # 5139 Permit Number Fee Description Amount 0066.2007.ACBK Aspen Energy Code 4,716.85 0066.2007.ACBK Aspen Plan Check 30,659.49 0066.2007.ACBK Aspen GIS 55.00 0066.2007.ACBK Aspen Comm Zoning 20,816.00 Total: $56,247.34 APPENDIX B - SITE & DESIGN DOCUMENTS Exhibit 1. Vicinity Map Exhibit 2. Current Improvement Survey Exhibit 3. Permitted Main Level Floor Plan Exhibit 4. Permitted Second Level Floor Plan Exhibit 5. Proposed Main Level Floor Plan (w/ corridor) Exhibit 6. Proposed Second Level Floor Plan (w/ changes) Exhibit 7. Proposed Net Leasable Calculation Sheet B .. 1 1.. .. . I 1 1 'r.. 45-7 4-- - 1 1 1 I. AL ' :Â« ./ 6 -4 . 0,2 I . 's A .%'~ . 19,7 Â¢, 4 .. 1 - 1$1 .itÂ· , I . Y. U 1 y Â· ' . ti ' . 7/ I ...j... . 2 0 Â· - 4 301 c ..fÂ·*1~w 9 'JO 31,9 *am/A /1 4., , f h er ., ':W-8 048*9.. 4& â€¢. ...4~4( 1Â£ ../ Â·es L : , '. 4- '939 rÂ¥~ ~.i~. 1 ....4.-4-. 9 9 I -6 I ..... '9â€¢4-Il -9,/-A - I ... i.'j- ..P .th'* .trw . 4 1 -24424 *vf#f .32':,p~fuy , t.r -, â€¢â€¢ r 'r -, I 411.â€ž3 L. e 1 .A 1,44 -2 *4 k . = 47 m B , -1- 1 . . , 4 94.44 A L E â€¢â€¢ 19 340- , , L k â€¢, ... /4 41 0 71 4 r d V 'hu 4 " . I. ' . I -' i . 4 -li 4. - ' I #40Â» 34.43 . ., E - # i~r Â»44 1 . ---.- -- ./ V - I Al- LA . 4 99 1% :. râ€¢4: ) :et 151-00 '92 . 0. C, Â· ./ .... I Â£ . 202â€¢.J Z. mll. ... , I 6 ' 1 I ,ad V , 1'.2.. -_A~ I. 11~ . 1 44:, 2 1 .'* 424 0 2.1 P . -9 * L .4 . 1 - I *t .0/' ' *:' ':4,' .#AE 4, 4,~4.14-* f .'. .t ' 1 .. I . -1.1 *'. * 34 Â¢*444:. 1,40 , I -v , r 3//p. Â· e vi i,~3 ~~///6* -IM '/ 1./..... 6. -- . 4 *liti,ir'' 0 , r.,9,3 .ki J Â· 1 9- a 43-3 ~, 6 1 H. .6 ' '4Â· ... ' 1Â£., r #/:< 0 . , %1110* , 3 9;~ -I N.- ' . I *i fi//Wit ' . . W 1~, h). *0:g~ Â·:PROJ Â£;T# 44 4 -9 9. + 2 - 4.901.2 22~ -9/W'Â·10 -â€¢' 4 : . ' / : 4% 1 f.0 f/ . :- 3 ,-*8 mi 61*IT - Â· 1% 41.-1.1, , M + 1 2 . 1. 1 F. -6 r. 1 0 b -.94 .ly ..1 - .... --9 ....1 L y - 11- "r-+I,7//9 ./ F .11. 14 r., I . 662 <f'*-*, + -3-2, - :1 i.' 92 31*1 * 4 .' , IiI L 04 1 64,> ..1 li :I --2. 2 â‚¬ I - 4 0 , ell 2- .. I 9 2 N t. 9., Â¥' r. ,â‚¬ 1 , , 1.% 7 3 , I. ... ..., - â„¢44 / 2, I -1, I d./. *2*W". 11.Â¥ 3 . -' 2*3: 1 ./- : 1-,laimb - / .. A 0 4 72/4.- . 44(4; 9,//& 5 h - ...'* . 0 5.Pli / 14- I-Â£ 4W UU LE -:,0. SHÂ¥.1.' 6Â© 1,+ - ' IL Gli"Ve4T' $" |..V4~ - f=M: 1 /4k . - -1 i' i ,- ., pm . . â€¢ M..'- 9 .l E +-/lit . t, -4 7- 4 t ..472,2 9.. 8. 54*ti 0 VIEjoh~,g . ' .7 ./0,-0 i MLEip. kf .4 ' 1~~ i M 0 , Â· --t 1.' ~ 7 '1 1 J",4 1, 1/ 1 0, -- 2 K. r V...il#- . f; 2 1714,49*,L ~, F,,i: ~~ 4~ ~* Dj .0 -200-qI/,H&~~ J., 4 -Ad. j ~ . - .0 'Â· C o tEl ST 4...4 UPDATED IMPROVEMENT SURVEY *4.Â£-' Â·Â·Â·. ' ~'1 LOTS E, F, G AND THE EASTERLY 10 FEET OF LOT D, BLOCK 98, CITY AND TOWNSITE OF ASPEN Â·-1 J \ k jÂ·* 2 - ~~ f-*tw-* 3+frr v ibir- -0-}1: 1 k 1,Â·~t LOTS 5,6,7 AND THE EASTERLY 10 FEET OF LOT 4, BLOCK 29, EAST ASPEN ADDITIONAL TOWNSITE . r)-4-Â·:: +"; ~\,7-': * fb#f :fit.S'~~:AS' r CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO EXHIBIT B2 f ~A48Â·-tf:L kifTIO~)'r.i...~',4, t . / 2.4,4 2.3 44. 625 MAIN STREET - PARCEL NO. 2727-073-32-002 6 /. a.4.(,.C~#,1Â«~i.,44470:.I:241*t:.Â·~iÂ·:).Â·~32~ ~Rfi7 a=Effril//4 . i Â«712\ ./4 I MAIN 5* ./ / t '.7 \Vywk-,2 9/~ 'Â·9' '.0 - 1 ~4 ., ItÂ·:l:,Â·Â·, Pt R PL-Al HK 7 PO 91 4 /Jj Â·' A \.<~*6 1 -Â·L~,Â· .-Â·N<7Aid-.*b- .~- .. I.~f' . 442499â‚¬4423*9--34 N - \ L'toRM SE~ER 9*96....... 1 .......... .1 9 6 6 4 4 4 4 ..... 0 1,/FHAR/{AP 0 4 (1'RH a <i'TTEK MANHot.F L S â€¢37431 TO RE 5. 4 330' .~mujbtill.utlw,h,. 20 29 4 4 IRR. c MTRot. SCALEÂ· 1" = 2000' 192 eyi-74% 4 f %% BOX VICINITY MAP 140 4 '3~ 'IM*t -- f. 44 *73009,~itE ~'~ 'eq~ 44Â£4-/------ 12 ---- 4 f /--t" C,/75 4 ----- 100.07â€¢ 4 4 i// GALINA - HOPIUNS ,?gÂ» & f e =56'16. 4 1 . 4 1 4 4 365" - 4 4 OVIR~UNG 5 81Â·P, 4 W 270 b- m E < 1 4 & 41 296 Â·t)M 44.1 240~ A - I -= i i WALL ~ - PROPERTY I)[SCRIPTION 4 : 7 5. 4 I REBAR & CV ASPEN LOTS 5.6.7 AND THF EASTI.Rt Y 1,1 1-1-1 T OF 1.07 4. BLOCK N [ANT ASPEN ADINTIO'AL [0 8 L.Uâ€¢ AM) 1 }IE LAS [ 1=KLY 10.00 ' 1.1 1 01 1.0111. 1 el k 9)1 ( 11 Y AMU l uU /51 1 L A * 210Â»,r~re~50 TOUNS] IF.CllÂ¥(* A:;PI.N. C-ilt[N IYOFI'l]KIN.NIA,1()Hâ„¢DRAIX, 1 1 . I 4. L.s,â€¢),jj 180 - 11CMER S(R ARE CONDO LOTS ABC & THE â€¢Â·LY GRAPHIC SCALE 2~ OF LOT [) 131 K ~ 3 51Â·(RY ST{"r & C""Â·RETE 11 1 12/I'lf.-1 BUR.DING WITH BASEMFIT m. *1.12 625 MAIN STRLEr /1.t & RAIL \ : # *1 1 I ( IN FEET ) EV 1 inch - 10 ft 3 2, LOT F. 11[ OCK 98 -i I OT F. I.X K 98 -PUBLIC ELECHUCAL & COMMUNICATION '7111.11Â¥ 3 1 FASEMIÂ·NI ANSIÂ«)WNON HUNTER SQUARE CONDO MAI' 1 1 BK71'691 /11 - \ 2 4 / Pt,(I'l n . LOT 6. BLOCK 98 4 4 ACCESS EASEMENT 44_ 11 - <-=31 ,. 1 1*.- , uyi'&..&,..... SPRIN{; STR[ IT U)Nix) 52*90Â¥10/* PLAT UK 7 P'G 91 1 Ell m. f P.) UjiLRLI- IRP, ATE ;1 1 ITY b Z .(,111 i ?10'Â· . *l 1 1 \ 1/ TRAM / OUTSIDF IM-11[)ING /'At.LIlli 1 3(}11Â·.S: 12.t. - 4 77 ill 1LEC At METER Z 1, TH]S PROPER,Y IS SLUJUTTORESERVATIONS. RES'nt]CrIONS. COV'ENANTS.Bl It-DING DRAN ---2 I GAS / KFTBACKS AND EASFMENTS OF RECORD. OR IN PLACE AND EXCEPTIONS TOTITLE WIOWN 14 PINAft & SHINER 6 04Â·.1.19 1116. TITI F COMMrÂ·rMENT /[ARED BY L. AND TITLE GUARANTFE (UMPANÂ¥, 01([*R NO QTF6J00â€¢748Â·1. DATED ALGCM ' 2012 t..S. #37935 C 4 1 b 0. 2] THE DATEOF THIS St/VEY WASAPRIL 13.13& JUNE),Eli SEWER --42 N'~ Â·'01 2 + I~ ~~. Ig--0. mz.... k 3) BASIS OF BEAR.GS FOR THIS St IVEY IS I BEARING OF 84 90Â·8 111=1 WEEN Illi NOR T HEAST COR ~ LR OF LOT 6. 4, SPI KE *1111 S] U NER L S NO, 33638 1 OUND IN Pl-ACE AND THE --*--I.~p--Ell ..trND--t~-_ 1,4 ELECrRIC MILR IRTHEAST CORIE.Ref LOT G. APK \AIL WITH 91!NER L.% /0 31[.4 24 ASPHAI.1 HHINIM IN M ACE r 'B'/1 Illi PEI IMPROVEMENT SURVEY STATEMENT 4) CNITS OF MEASURE FOR ALL DIMENSIONS NHOUN HEREON IS U i SURVEY FEFT 11 1, IRANNH)1411 R 1 ./RLI' ST.T. TH.I. 111,S ]MPRIVI./1 :1 :11(/1 Y / AS PRIÂ·.PIllÂ·D BY PEAK SURVEYING. INC 2 37<3 3 Ull,In FOR 625 MAPI ASPEN. LLC ,-5.3'XM' 1 1[LITY FASE 11KWIN;26.3 9 UNDERGROUND CILITY LOCATIS AS WIOWA ARL BASED ON AN IMPROV I.MIÂ·ll NtÂ·RVI Y UND[.R(â€¢Rot ND -/ --7$-4~~r:- M.AT PRFPARFD BY TUTTI F stTR~Â·nÂ·ING SFRVICFS, DATFI A PRn I 7 3006 ILICIR.. 0/'P) I .IR,111 I .1 /1~ THIT 1]11 1.1./VI:MI NI/(}â€¢1 111' AlÂ«).1 ]11 . /lit} / 1'AlÂ« 1 I /14 I.IN 13/IL -1 RASF BK 113 P{; 268 APRIL 11 13. JUNE 29. 201 1 AND APGUST 17. 2013 1 .M 1 FT VI ILITY (lry>â€¢E{lirr~ AIU- 1.NTU{ELY 243 3 ' 111.11 I NITHIN TH'.1*}UBIAR,r.5 [*T}11. PARA L Ft, 11'1 1%911"N THAT THLRI Â·Â·,HI Â·.0 6, ELEVITIONS ARE BASED LSGS BENCHMARK (>-1,9 (NAVD *10 Y]U [>ING AN ONSITE 7 2-. FASE ./.3 1. NCROACHMern; t PON TH[. DER.*1131-D MU MN 4 m IMPR(/t.MI #TS (14 .tâ€¢ Y' 1830141NG St:/LHLIN [ LE.VAT,ON OF 7915.42Â· ON 11. SC)( 11!LAS! PROP' RIY COR.L. AS SIR)*N. ITYP) 7) AS DliSCRIBED [N RECEPTION NO. 342773, I TF,IN *ARY NONÂ·EXCLUSIVE EASEMENT EllSTS PRIÂ· MI'.LK. EXCEPT A' ll/ ATED, ANITIIAT â„¢11,1- A </ APPAMI 41 1 ;1 i V I OR SIGN OF AN,IANIMIN!, R{)4%,N,;,IRINJ,41>IN,~6 - 1'%11,1,1 411[)PAR{!1 111,1,1 i.%{)11.1).1 DURINGCONS I RUCION T[) t. rILMI All,NPACk govt= Ill Arl'M Wi ARE CO NDDS P K NAIL & SII[MER . 11.R STATE 71.T 1 11.6 [ EXAMINED THE TITLL uâ€¢,IMITMENT PREP ill U BY LAND 'TrLE illy -L S A{) 37935 U. ARANTI COMPANY, ORDL R NO 01 1620[â€¢1748-2, DATI ID AUGUST I. ZOE AfDFIND ALL- 2*.01Â·RÂ·OÂ·W EllÂ·LPTIONS TO 111 LL Tl LAT i l FLEr l }Il SL B,IrT PROP ITY XRE 5110* b HERE ON TO Tlit HEST 8) ACCORDING TO BOOK 303 AT PAGE- 631 A 14Â· X 211' ENCROAC InfENT L ]CENSF EXISTS T},AT (* MY KNOWLLDGE AND BELIL} THL ERMOR IN CLOSLRL FOR THIS SURVEY IS LESS THAN MERM..4 f BK 7 M; 91 WAS TO ENCOMPASS 7111- STAGE 3 1111-41}.R CANOPY MAl ONCE LXIS[ ED *EXCI PTl{,A NO I [). 4 1 lilli(11} 9) ACCORDING TO RE{'LPT]O>â€¢ NO 342714 A rl.MI)RARY I %(IL N AIL]M; EASEMENT EX]Sl ED , WEST OF THE Sl RJECT PROMITY [* RIM, , Â·ONSI Rl CrION IT ~ 1114 IE VED â„¢AT THIS LASIMENT th VO LONGER IN t, FIC I AS ( 005 I RUC I R}N I,AS I O *IPLI:l ED {LICEr HON M) IM). #:sr rqf?ki Il) ACCORD]Mi 10 REC F ION NO 590240 AN INCROAOIMEN I LICENSE EXISTS 4' NORTHERLY #G/.rt. Â·,I #1 FROM TIHE NORfll t,OUNDARY LINE: AND 27 r WIS TERLY HÂ«>M rUE WEST BOUNDARY LINE FOU A I *INCAP RAMP {EXC H /1Â·ION NO 19) I I ) 1 11[b PROP!Â·1 1 Y 0. SUHJIÂ·( 1 HIM A ' I ntS 134 111Â·.W R IHED IN THE UTILITY AND {.AADS{ APF aS Mill 1 .11 /1 REÂ·//Rn, 1, Al RIÂ·,1:1â€¢Â·I laN NO 'fil..7 Ali, 941,7,7 I.X.EPTION NO .0, C: N 1 2 ) *Â·CO,(DING TO RE 1-rTION NO. 561'*H AN[),71 734 A SOIL NAll AGREEMENT AND F..FIENT F XISTS I.ING TIll f AST!Â·RI Y TKI NDARY NO W IDTH WAS GIVE (MCFPTIOP NO 44'Â£I'l),4 IAN[)231 13) A CCORDING TO 1 I E RS I A M E NDED SO] L M IL *,RLEM ENT,4!A D EASEM ENT RECORDE D AT RECM'110, 1*1571{,2, A If MIURARY EAMÂ·MENT EX ISTS [3 THE AIRS,ACE ABOVE THE Dia,â€¢11 13, !)ale PROPERTY TO TIlL EAST FOR CONSTRIC11/JA PURPOSES [EXCLFI ION NO 24 NO. Reusion 8, Project NO. JRN 625 MAIN ASPEN. LLC. I Â© 1 I NS PROPER-rr IS SUHJECI TO LA 4. ENTS AND AGREEMI NTS AS DESCRIBED IN ' - (~heek~,114: ' CITY OF ASPEN. COLORADO 070168 RHÂ·EPTION NO 1/2977 (F)/FPTION /0 29) 17 PEAK \ IMPROVEMENT SURVEY IRN Surveying, Inc. . D=: LOTS E, F, G, & E'LY 10' D, BLK 98 <EFT 06. 2012 Mâ€žllâ‚¬-Ii *rHXGTO,â„¢OmA[*UAW- -C{Â»,MF,4(1 ~Â¥1FC.AL,UNÂ» P 0. Box 1746 - Rille, CO 81650 CITY & TOWNSITE OF ASPEN 1 OF 1 HAN,[,l,O,ANÂ¥ 1*11â‚¬-T 1~1116URVn ~rl,11~T1,RUYE%T~Wl~ - T)14 . 1 , 11 01,Â¥C, .No hl,El MAÂ¥ ~â€¢Â¥ Al-r*~ 1,4!,1,i 1*1, 4,4, INnrl I Phone (970) 625-1954 - Fax (970) 625-2954 .'t,Inpu[er 1Â·,le: 1,11, â€¢4 1:vnÂ· m 4,-,11 ~,I n ~,a~I IHA~ TI,. YLAUSI*{*411,t IM,1 01 n,F 811.peaksurve>inginc.com IMPSUR-UP.DWG illl,I,kAIR.~'dÂ«rn~,11,1~â„¢ Al *AIN S 4-2 63(i) (Â©6 (A) 9 (39 0 9 T -100-0Â· T 125'-0' . i r -' 16.-4. 8 8 L 8 -8. 1 I 16-4 LI 1 20'-0 \ : t,Â·-oÂ· *% ' EXHIBIT B3 -H i i ffÂ·f 4* i/13'-11. f 5-7- L '. 1 I 7-4- L E-2Â· \ 6 4 0 6-4 - DAVIDIOHNSTON ARCHITECTS. â„¢ &4 A A 418 East Cooper Ave 4Â·-- 4-4-9-4-kt=-5-2222-2-1---t': 1-- t,141 7, iLL: -1----11~t.,1 1. -,0 - -r--109 Suite 206 '1111~ -. Ul.1 . \4 EXISTING OPENINGS Aspen. CO 81611 Ir m 970-925-3444 | FAX 970-920-2186 1 1 1 1/1 2 14> 1 1 m> -43 9 1 *-- -------------1------r-- Nl ------------- -T 1 6 4'-F '. 17'-0'ir .1 'V . 1/ 11.10 1,C (-1 . 4, n 11 11- CONCRETE PARKING --1~ , W,-2. 1 -rl . 7'-3" , 12'-r 7-43 k 1 . ~ 101'-101/r - - CAR ELEVATOR f - ~ ~ -9 --<Io TOPPING# | v' 1 1 1 . / 1421| | ' p --38 -: '1 | i i i | 8 1 251-6- 2 1 1- --1- Upht-44 / E 1. -i<i> , / I n 101*-101/r RAMP UP 1 12 . rk 99'-9 T.0. LANDING :: AM,dtoldeligni ciral,ge,nen:~andpion, 'f V TO EXIST SLAB r, --I C-1-1-1 1 - 'dicated / re///trt// 6, th//0-2 0/ -| | 4 -----1. . 0~,rdb,iâ€¢den#wpioperzyo~DowdJohnslon A,Â©hhee:t~ PC und d~kped fÂ©, use and in 61 . 1 . . 1-En I#u,Irtinn 11,1,h me,pecdiedp'Rlect None 1 1 4 -- 3-9+4.-4 4-9Â· L Â»A :1 1 9 .b Wk/sod#grdisie//fwan,pu~pue _____0 -r nÂ·â€žots,Ne/mout,he Iwitkn outhoix,m,n 1 92 -_ __ _-_ _~_~ ~~ ofthede=*$,1~ crrangefne,le:,pmns 1 1 Nr' CE) 'djohmron....% / 1 1 | STAIR #2 ~ I ~ ' 11 v II .... 1 --- 1 11 \ <7> 1 LÂ»-MECH. CHASE irgei .r-1 -1- 1-- -Ht) 1 4-1 IV 9-9 7 t ) 1 1 Â·~ tal Â£tl TOEXIST SLAB 1 - <>--7 1 1 E , -O lot'-91/7 VIF ELEV, 1 1 1 V CO W 1 1 L 1 : - b -- 2 ty- 0 1 1 1 1 6 1 1 =-4. 1 9 . .- 1 1 1 f. 1 1 .. 1 1 1 1 < 0, | | Ill.- V 1 , . 1 - - - 1 COMMERCIAL SPACE i ELEVATOR _~_ COMMERCIAL SPACE / 6 17 9 3 1-- 1 1 1 - .~1 ~ LOBBY #2 - up I T.1. UNDER SEPERATE PERMIT 1 : ~ - 1 / .- ' *b.8 1 --- & 1 --- - ELEV. 2 7-9 -\ -12 1 1 - 1,-SEE SHEET 42 FOR RAMP DETAILS (6101 42 1 rÂ·r~4~| | ~ |:~'Â· SELl < / 1 1 " 11 1 11 /1 1 1 1 I-----#-- t -9, --9 Fl 1 - 1 1 1 ti-4 ELEVATOR A <Bl>-- 1 1 1+ 9- /'A LOBBY #1 1 1 1 1 il- 1 1 1-- - 1 1 1 1 -11 1 " ritie IT 1 1 1 2-1 1 (N 1-133 ' ' :1 1 1. g i- L' 7 1 . 1 : 4'-10~ 1-5. 1 CD .rl ------ -4- / /1 -=.=-1-ILL -1- --D 2 A 6.01 r -I .74 I 5 1 4 9 / / hi FIRE 1\ 1 1 a e CONTRO'-9 K Â·Â· 11 J 41 J r - 0 1 1 L_ 1 T TO EXIST ELAB , % t , FIRE 107 1 1 1 1 -4 | RISERS | | ~ TO-EXIST SLAB ~ TO EXIST SLAB | 4~- -__i : - 1 1 --- 1 EE' 11 1 1 1 - DRAWING ISSUE STAIR ~ APPOCATION DWGS 11/30/2010 I I PROGRESS SET 6/09/2011 | STRUCTURAL Â· 1 CONSTRUCTION ONLY 6/15/2011 | -~ | PERMITSUBMITTAL 7/1/2011 CONSTRUCION 11 8/08/2011 1 . 1 I - 1 *CONSTRUCTION Ill 10/28/2011 UPDATES 9/16~011 I nk--ri. 1--4- 12 1 1 0 1., (.02/entro'A* te,121: E 1.19% UPDATES 1/13/2012 I--*Fl-~ 1 i _ ~201/54>:Â· GENERAL NOTES: 1. 1 991 A t-\ 1) 124'-1172" (ARCH) = 7,938.75' (MSO 11 <Ul> ~~ 2) ALL EXISTING STRUCTURAL COMPONENTS TO BE VERIFIED IN MAIN LEVEL PLAN Anj; J j ~~~Â© FIELD FOR ACCURACY L j 117,1~93+2 171.47.-===Z- 1. DRAWN BY MTE 1.111-I.....i-1 1-1 '1 -, IM 13-1---It PROJECT No 1014 |_0~Â© ~15.01 - â‚¬>88 @ 429E> 1 â‚¬>â‚¬XP *â‚¬~ A19 ~ q ==9~~ t,J.u=11 1\ 2-10'A L â€¢ 1-6-T , : -1 77* 1 1, 1 *1 c N E =57 SHEET No. 1'41': 4, 4-9,/0- li 2.-7,. ~'-6* .. 4-9~ Y 12-6- . 6 -6* .r -- ; 4'* 6 3'-6~1 ,.;Â·-3'1'~4,14<. '-~Â· 161-31,2. 1 , 3"r L 3-111// I 8'-10. .: #1 4' ~ â€¢ Ba/Â· , 9 7% ~9/, A .7,â€ž 18'-0- T. 8<0 , a. 31 1 18-0 |7421.0, 1.7. 102Â·-pjl. ,,n. 5Â·14 , '\~ 3.3 2-W, / 7'-4* b ~ / I 13'-â€¢ 1 ' |F'i. 16'4 [ 1 16-4 | 13-8= 4 / ~' 4-4* }11' . /4). ~ MAIN LEVEL PLAN 1 !1 SCALE: 3/16 - 1'-0 6 t.9 46 44 4 6-'4=,===6-.Ad N IVIAI 1SV3 00 'NEIdSÂ¥ I 133bl15 NIVW 3 SZ9 .9-.Cl *AP.ojectsWIKÂ·10 P,ojects\1014 - 625 E Mi. DWG\625 E.st U,in (Shel}.pln 1 213 N I F... Fet...., 2012 (fix}* (49 9 9 *(P @ (91 Â® 9 1%> 9 11 1 EXHIBIT B4 f. Oe/ , 1 25Â·-0- | | L 10'-4- . 8-8- L 80-8- L 16'-f 26-0. L 15Â·-0-1< 1 | 15' 0/ L I 1 24 F 37Â·-6,1 19-6- \ 6Â· 1 5101 -11 1 137-5" A oil 1. / . 4.-01/. . 4 -6- , . 4-0,/ t Â·1 -1-9. r -1 121-3. 1 Â¢~ -- - 10- , ~@ , %19. 4419, r-r' fi 7 7/. 7 |*q , DAVID IOHNSTON ~T4, mil 1 , 1 1 11 ARCHITECTS. â‚¬9 8 81 72'-2- ~1'-rt' 4 I | I It 418 East Cooper Ave % 7 7 & 47.. 34-- <T T :- -0 1 ..7--<%\ // -.-Â£:I.-- -*/.. - - 1 L---1/. Â® Suite 206 1 - Asprn. CO 81611 TEL 970-925-3444 9-6 \ 10'-0 UX 970-920-2186 ALIGN ALL. FLOOR DRAINS -f ~0 ~ iN,9 I â‚¬* I ,p#4 (318 ~~~ | 1:, ~~-~~.Â· 1 . ~1- ALIGN ALL FLOOR DMINS 11 '1 , Mlk - 1 h -V- *) 4 : A'-40- 1 I | ' i- 7 fi~--2 4 I k 4 -F,1 1 A 4 4 3 , k 1-6 35-11/ ; 8*...Â· 4'-8- ~ 6-87~ ~. 25'-8'w . 19'-6,4 12 9 ks. WjCeai **1 2'~0~gM~mloed'*95 FM U C 1 nd,U,le,#0,~C,<0CnedÂ¢]yi~~Sd'0-~Â¥0~ c.cd I orle Or: tâ€¢< DÂ·opcl o' [* â€¢4 J*ute,% Â£ 1 ~ T.1. UNDER SEPERATE PERMIT i - 851 - cor,uncbon 11,12, meu,ecdiedprojecf None 1 .................. of :he..k#/Ingemen' 0,./. < 9 ,honoM,*,9,0011~Â»7,â„¢MnÂ·1-zu:en 4- 61 04~---- Â·shanbeusedby,~se*,sedfo,an,pu,pose E MICH CHASE ~~ 29 /00=johnstor*aÂ·tem PC I #CS I 'K -~2/~ ---.I 1 <1> / U-37-1 I r i _ I (7J-blk :L 2 1~ \ 4 , -- T 1 2 1 1 9. -cÂ© A/7 k LA.I=*LA- 1 9 1-----1.-- . I 1 r I 1 1 1 7 1 --4 I /1' Â· 4 1 1-i 9 b 1 rn -4. 1 2*L--1 li Â«111 ~ 1 1 --2 1 21 48 A.-42. 1 , 1 -rl UP I 6:.4 i I | lsTAIR #2 T.1. UNDER SEPERATE PERMIT ~ 1 /1/ ] ...-4> 1 STAIR #1 - I A Tt F I 1 1 ' ELEV. 2 : 1 I 13*-11/2 1 1 I --t-r 1 J =CE 1 ' 1 'B# 4 *11 1 9 3 I 1 - i 41 8 -7-N 4 ELEVATOR 11 1 1/0 a I <s>-me - i LZF-3 1 1, LOBBY I ..... 1 09:Â«e-*7 *M . h .i i 1 / N+L 1-1- k <, r-111,â€¢Â· / . 22'-47- Â·ily-7 # -0 5,-41" 2 7'-0 81- . 1 ' 4 .I i, I - 32'-8,#r | | 1 -191â‚¬ P==1=U 1 - />,D -9 1 f (t~* 1 *-94. 1 1\ U AA 6 1 r X5> 1 4 t E- 1| 6 r STAIR #3 I- -_ .1 -21 *-9 ' 6-1] n Ld {RE *-~ 1 - El] mo |-i - 0 - =1 OIl--1 6/14 1 ' U - 1: ~P< 1 21-1.-Ire 1 ~ Â®CE[D *, 02 1 1,/I: -#01(23Ii~3 1 1 6 1: 429' 0 1 0 als i d - AFFORDABLE AFFORDABLE ------ 1 ~' ~ I DRAWING ISSUE R~ 9 HOUSING ~ HOUSING . 1 APPOCATION DWGS 11/30/2010 UNIT A 11' &= =//0 :LD Â®f UNIT B 1 / PROGRESS SET 6/09/2011 / 5TRUCTURAL CONSTRUCTION ONLY 6/15/201 1 9 PERMIT SUBMITTAL 7/1/2011 |~ UPDATES 9/16/2011 781_____ X; CONSTRUCTIONII 8/08/2011 1 = 9 V dhCONSTRUCTION m 10/280011 ' SEE SHEET 37 SI i ' FOR UNIT PLANS 1 1 1 6 lie> GENERAL NOTES, K I IIi_ 1.1.. -8* - 1 r-- 17- 3 2) ALL EXISTING STRUCTURAL COMPONENTS TO BE VERIFIED IN SECOND LEVEL PLAN 1) 124'-1116' (ARCH) - 7,938.75' IMSU L; 6 [94.-4 r- 1 -4 2 -2 -hf 1- " "7 -FK271 In DK <w~> ~ _ I L . 3 ~==== ==7- E FIELD FOR ACCURACY a Â£ 1 8 1~3 -91_filly-1 0, fIll I - 1 R:9-12-I PROJECT No 1014 DRAWN BY MTE (fÂ»- - - \ 211 El 81 h V 62 N 2'-6-y,2'-6'#' 1 04,0 13'â€¢7 3Â·LÂ»Â« r-6,%Â·3 12.09 \ r-4| ''~1 4ir 14'-10'M'~1.[ i-r, 12. .~ 31.-~~,;, : *4w . , 3 4- |, 3-11 1/7 4 4-2* . 7'-0'Â»' ~. â€¢ 4'-10'/r ~ 4'-4 6 6-4'M' 2-314. 6.7'Al, 1 -2Â·- :1'~ 19-6- , i-i,Â¥ L 1 1 ' 17-8Â»0 1 61 15-2,0 , 'â€¢ p-24 l'ywâ€¢'~ : 1 16'-4" 1 8 -r 1 16*-r bÂ·-8- l 13'-8. li 4.-44- l 2-9~| R'Â·3 . | ~ ~ ~~ ~ ~ SECOND LEVEL PLAN 1 1 : 1 1 100'-0 1 1 1 1 P L I 3.4 SCALE 3/16' .. 1'-0- . I I / 111.11.31.3 @ Â©0 44) @ 4)64 6 l6110) (i)â‚¬*34) NIVIN 15Â¥3 SE9 03 'NBdSÂ¥ 1 133H1S NIVA 3 SE9 8'-5'" X.~Projeets\As/nrIO hojects\1014 - 626 E Ma,n)DWG\62S Elst *in {Shci 1.- 1 f 00 43 99(i) e (Â©04 we 40 0 6% - 6 Ep 125'-0- ,~_t__ f_*~ f ~ _fl~__[__~ r~_=A~ _11 4-~ f:5 9 1 54Â·/ , / 13'-11' EXHIBIT B5 Â¢4 1 0 - ~ q> 1 i 3 j '0 4 '41 + Lj 4 ~ 4 4% i EXISTING OPENINGS . 1 I . 1 11 1 / .-I 1 1 /--eeNCRETE PARKING- '. 4'-61,7- . 7-0,Â·r . 617-7 1.3â€¢l . 7.31'4- 1 17-7 6 1 - 179 -lot/2. 4 7 Ar T.O. TOPPING SLE- 1 CAR ELEVATOR . ~ L R /- -It- 25'-6- Al ,-.' j _-L4-[,pâ€ž-~AnvA..--~~tne..-ic Â»Â«DD / Â£ .1 : , \ .6- - RAMP UP 1:12 V â‚¬> <3> tfun3 i g 1 4 1 64 R / ' . ~ 1 .. te=. 1 1 . 1 1 - -' 1 rn 1 ... '699.9. .\ 9 8 | Y.O. EXIST. SLAB. j i - -----i--..%.*Il----- T O EXIST. SLAB -1 ' - ...... r..... - @101'-912 V.I.F. ~\~ | 1 1[~ 1 / 4-1 Â· eli K *, / 11-14- MECH. CHASE J v 1 13- STAR #2 1 I TA 1 1 R- ) hi ,- 1 i Â£331 1 1 1 1 1 III 1 1 1 1 1 4 1 4.-1 1 1-(EV.~~ ~ + 1./- , A- 2221 1 1 8 :72=,----2,Non k.-- - 1 --Ii--<EN 11 1 c-*, 2- - V 1 1 . 1 - 'fET \1 I , I i V . 1 4-1 p - 1 ~A I ' I ---- ELOR 1 --- --- I 1 / 1 ---- 1 A 1 LOBBY #2 ' 1 h 1 COMMERCIAL SPACE r . 1 --\ 9 1 1 \ 1 T.1. UNDER SEPERATE PERMIT 1 1 --- 1 11 Z 1-11 11 1 3Et,SHEET 4.2 FOR RAMP DETAILS /~ < 6.10 ~ ,: I| '2.2 1 1 ELEv. 2 7-<3> ,4 -1 y 1 i. 11. DN 1 1 1 1 STAIR #1 - i i Â· E-A+ - - \-I -L _3 _~ __1 1 U ELEVATOR -m--77 1 *9 Â¥.Y \ - / 1 --7---Ti --rr .., 63 : k:.4.1 -L2-91,2 1 .2 ' A- 1 1 1 1 I B LOBBY #1 0 -1 F tR) ' 1- 0 0 CAL - <5>-~ Gibl | 1 1 11 V U) D 111 J 1 r up-wk r /9 1 1 -1 VII 111 1 - ~ FIRE CO|~ITROL PANEL .j 1 < 0- 1 11 | BY OTHERS 7 |~ 1 b 17- 19 1 - 1 1 LO I.- 6 0 -t /A \ F + 04.1 to 43/ 1 1 1 t 11 51771.-11. #A 1 0 N ./ 1 6.7 (D 1 11 It 1 1 X. 1 Â¢ :EXIST, SLAB. ~ Â° T ~ I FIRE l?07~ 1 th 1 RISERS 7 1 99.9, 1 7.0 EXIST. SLAB. ~ ~Â·O. EXIST. SLAB. u 41--=- 1 1 11 i 1- 1 1 1 1 1 6 1-- : .4 __ - 1 -- -I. 1.-4> 1 il --0 2Â»- a 1 1 1 1 +-6 TAIR L.EL * 1 1: 111 1 0 1 1 .~ 2 X (Erttf x 1 4> -723Â« A 1<up ~6% i i : *.o. s~ ~=4u..._ _ ~ ~~~_~ Â©nÂ» 1 --=4744 yÂ»-Â»-1 1 . ~ 12,t12 -2- - - 46 L 11=iel' 4 1 0 491 1 8-8112.-L_ 08*4 48 ~14'11:94,0 11 -F-~ lif knx-:149 Â©â‚¬*3 11'AptÂ¢0 111--ri MP-1...Plu'l~- /~h CONCRE~ +64 l 0 1 18 1 +1*1511 1 29# 9-4 ----=+4es' -L)LS&Wr -izi I ,- . I . Ft H, - / A %2 1'41*,. 2 ~ 4..F ~ 2'-r , t#F, 40.9- 3 tc~ 17-51 ,F 64Â· ~ 5Â·-ik i, 11'Â·0' \~~~17 16,91â€¢ kr-~12'-6- .3Â·.1- N 114 C Hip 31,c L y-11- . 80 lot'4. , *tiw '431*.5,40:* ~ 60.6- ~ Flw. I:5" . A ./,â€¢ 18'-Or 1. 44Â· . 8+4Â· 1 18'-0- '74.1,-7 r.r- .2-71. .11- 514'1 :.2-4 . 71 ' + 1 1" 1 . F" ' 16'-4. L 8-8Â· | le-4. , 4 6 .1, I Â£*1 ~ MAIN LEVEL PLAN 1 100,4 1 4 2 6 P 1- 1 5 4 04 4 Â®040 6 SCALEÂ· 316Â» = 11 0- 6-,4,===i..+4 #Â»4----- ELOE/90/60 1N3IAICN3IAIV - VI1NV198nSNI 100 Or .0-,00 1 67-6- T 4 -9 99 9Â® Â® (i)44 0 0 60 Y NÂ©100'4 1. 1 1 Il . 18-4Â· , e-r L 1 16'-4- L 1 200-7 3-1. A'Â« ,~ 15-7/ -- A L ' 294 1 35 I ll 11/ bT-5~-1 4-9 . 4* 1. 74* Ac 40Â·~Â· I 4'-01- L 1 1 1. / EXHIBIT B6 1 18 84 ~ We ~133 PEARL WALL EXTENSION, ~3)-1 PART OF NOTED REVISIONS ALL TRENCH DRAINS ...".=./6 pKIrwri I AR WALL ON GRIDLINE f_~~~~ - 1 / - 61 1 SWISS PEARL TO RETURN BACK TO I 11 ti I 1 . i ,w~ ./&7. - B 2, / 17...NCH - -- 12. TREMCH -FC _ ~ ~~-/ - 3*-8.0 12/11/MCI/- 4< - -- i 'RAN 56FCTIC]IN DRAIN SECTION / . r\ C.'Aâ€¢ SECTO, 9 -1 4 2 4) ~ ~ T.3" 2 7 61, . 5'- I" ' ,, 5Â·- I- '. 5Â·-ICF"- r . ] 9 J f.~ + 133 - 0 0 1 4 : w I 37'-0- I /~10~ 4, I _ 1 . At-IGN ALL FLOOR DRAINS , 6, f .~ 8 0~ 1 _r I i rl.....9 11 -- - 3 -6 \ 0/ 1 1%39 37 3'42 ' 7 1 14*U . , 0/-4 - 51' 1 .....42 / 2 . 4 4 1 8 f . At-IGN DRYWALL WITH /Flic~- .=1Â»J 3 WINDOW JAMB EXTENSION -Â£ 1 -7td__ M j | | | . . | | SEE INTERIOR ELEVAnONS R.~ ~179 IP- A 35'-7 1>--UL--~. 4 4 M 1 6 ---<3> 1 1 t -31[3) â‚¬9 5- 814Â· 1 22 9 6 4- 1 8" ..Â· 4'4 1 6 6'-8". '6., , 19ed b 25.-8"r L_ ' i ., ~~ 4 H Z & 1 xii -1 F.M.U. C ' 11 1L 6-- u__~ 1 T. I. UNDER SEPERATE PERI]lIT 1}11 1 1 1 1 1 . l. 61 lf?Dfth - e 4 /--MECH. CHASE A ALIGN DRYWALL WITH _~ - <7* E.1 1 11 1 42> , --1 %9 A WINDOW JAMB EXTENSIONABOVE: â‚¬5;) SEE INTERIOR ELEVATIONS 2 - ir i; 241 1 --1 151 1 6 1 .~ El '11 1 11 r- -1. 1 4 4---Â«0 1 1 1 1 1 ' E~=EV.~ ~ 1836 1 1 ' \-, 1 0-~_* 1 - I ~| â€¢ ~< , b Cil__ 0 1 - ----1-0 21>- . A -- 4%44--N . 1-2 'Latri--5/ 1 / 1 #91[1 ---- I 7/-4...M t . , Ill 1 1 11 -- /-6- -Ll r=- | -Â»ID Â· I 3 1 I Â· 1 *14 I 00 ( 0 07. 1 9 4 1 1}> &4- up DN ~| 1 1 1 E - 18 ,~ -STAR #2 ~ | | | | ~. I ~~~ VI. 1 1 1 C = 1 Irl tap I -~ 1 1 ELEV. 2 ~10- STAIR #1 1- 1 1 7 - r=%5 to ~ 1. 9 --1<0> 1 1 11 | , , _ j W. TOPPING SLAB~ (iR) 1 1 1 ~-.*2 * 1 + 2 V i I F~--<3> 1 1 1 1 - 1 4 96MT 0--- r 4 'a 1 6 1 i ELEVATOR / 6.1 1 LOBBY , 1 N 1 1 6'-99 ~ . 1. Â· 8f, 27-01' : ram 81... . - 324'w , 1 10-9Â· |~ 1 -- < ' #-I*ft ~. 602 ~t A, 1 6 rm> LU : 32 :orÂ»=r ft -I t>64 -A : 11 f Y $* STAIR #31 - 1 -6 - 11- 141:11/ fl Gl 0 0 (D - Fal i W | I |& ~~~ENE?ir Z X 0 14= - - ' JAFQI - t=- -HT... 1 //1 \11 f'fi=_ |: 9 444-16 \ --~i EL e 1 (13 227 i e g 13â‚¬ @)/ --1 1 ~ Cfl -- - L==.4 - AFFORDABLE -~~1=~9== ~Ir-- 6~=tr~ AFFORDABLE -- HOUSING P I 10 81 HOUSING UNIT A. 1~ 7 -LI' 9 frj- , 1 Â® 4:1 _&:L L =l' Â®[ UNIT B 6 -Â® i 1 =Â® F -4 (ES) Il Â£434- =- P - & SEE SHEET 3.77 1 FOR UNIT PLANSi K K 9 21 ro tf=-- / 4 Qub .'471 / 1. ... 1 91.8 1%0 18 â‚¬ dl It ]1 M â‚¬31 {839â€¢ . n - AA U.1:. r----~-- ,-1 -Â·Â·..24.-0 - I 01 1/ r- - 24 0 0 ll W<. ' -r J [ LL. I .-4. i .a p ..101â€¢ . , 743' N r -3' F W F y VI 10:R I 13.r 6 3'.9- }3'-111- } 4-2- ~ 7'-81 , - 1,1 4'-10':c ~ 4'-0Â· L 6.-41,Â¢. 2-3F , I,2,7'46 \ Â£0'-:X 3- L'*f\~~ 7.64 '. 4 1~K 1 1 ('' 1 11IT-8,4- 41' 1 3'-?0- ' . 3Â·-lb"Â· l 1 17-84 I M 15 *24 / 'Â· 0.24 1~7,4 , 3 1921 \ 7-4-1 'l\ 13'-r I I I 2Â·91 1Â¢-4- 1 ' 6Â·-8Â· . 04â€¢ ~ 1 164Â· -81 13'-8~ ~ 4Â·4Â· L 7-9 ki Â·30 r--) SECOND LEVEL PLAN di66 4 4 bo 44 e &6 4 9 , Alli' ~~ SCALE 3/16 = 1Â·4- 6-'4=&.94 m 6 -.49-19 'FLS .2-.t '1.=d ..Ul ...0/Â·.6/ xe..r '''Izag ...1-21 " ELOE/90/60 1N3IAIDN3V d 1Â¥IlNÂ¥198nSNI i ~ --939 .0 ~ 100'+Or 8-514 =, 0 150.4 R. , 4 4 ~ EXHIBIT 87 ~ /| i- i 1,920 sq ft It I T ~ 137 sqft 1 - I -~ i- 2 1 3,011 s ft- 30 1 2 686 R 1 1 E -1 1 1 + 107 99 8 . r- -- --i Lf It 1. L 1 - -1 0 m 1-2 rh_ SECOND LEVEL NET LEASABLE AREA Cil FIRST LEVEL NET LEASABLE AREA 0 ~ SCALE: 3/32~ = 1Â·-0' 1 ' SCALEÂ· 3/32- = 1*-0- Z 2 [URÂ»LI 1 - .424 1- 0 28 s It ' - U) D 66 sq ft Table 1: Amended Net Leasable / Livable Floor Area Calculations Ill J Approved NLA Actual NLA (sq. Amount Over/ Under 1,800 sq It 1.0 Use Cales (sq. ft.) fi:.1 (sa. ft.) NET LEASABLE AREA i - N FM Unit A (3rd Level) 2,658 2,658 0 - -- CD 1j FM Unit B (3rd Level) 2,837 2,837 0 1 1 Lia~WY+.:.#.M...~.~::.71 FM Unit C (2nd Level) 2,527 2,527 0 bÂ»00000<XÂ»OKÂ»000050Â«/300Â« .1 Free Market Residential Area 8,022 8,022 0 >esAYMA.AV~MXWAA.UXYXW>'1 A-A--AAA.. 12*033%*:28888888*38888,1 AH Unit A (2nd Level) 1,351 1,351 0 ~#*9379~*~1 AH Unit B (2nd Level) 1,435 1,435 0 0 0 NON-LEASABLE Affordable Housing Area 2,786 2,786 0 AREA ( PER 2006 LAND USE CODE) Basement Commercial Area 2,118 1,800 (318) Main Level Commercial Area 5,973 5,697 (276) Second Level Commercial Area 1,896 1,920 24 Total Commercial/Office Area 9,987 9,417 (570) 1 \ .0// / $ / -1 1 34 1 1 34 1 Above Grade Commercial Area 7,869 7,617 (252) L-ii _ 2 z=J L C __la 6-5__24 Commercial:Residential NLA (153) (405) (252) 625 East Main FAR and NLA (2012-09-05) C-) BASEMENT LEVEL NET LEASABLE AREA - SCALE: 3/32 = 1Â·-0 - E LOE/90/60 iN)INGNBINV VllNV1S8nSNI THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0059.2012.ASLU PARCEL ID NUMBERS 2737 073 32 002 PROJECTS ADDRESS 625 E. MAIN PLANNER Sara Nadolny CASE DESCRIPTION FINAL PUD REPRESENTATIVE ADAM ROY DATE OF FINAL ACTION 10.30.12 CLOSED BY ANGELA SCOREY ON: 3.19.13 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: 9 25 E. AA) 4 Aspen, CO ' STATE OF COLORADO ) ) SS. County of Pitkin ) I, LIAa, ual>/O 1 ]Â£96*-041+4 (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: U/~ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official Paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. Atiwi-4+ 8 .\ lt,J Â«Rit-0 - Signkture The foregoing "Affidavit ofNotice" was acknowledged before me this | day of Novallant , 2016 by G/1/01 6/A-Z_Â»3 11, A-/| 9 01- 6/*ZH . EUBLIC-NQIJCE m WITNESS MY HAND AND OFFICIAL SEAL DEVELOPMENT APPROVAL Notice is hereby given to the general public of the 1 approval of a site-specific development plan pursu- ant to the Land Use Code of the City of Aspen and I Title 24, Article 68, Colorado Revised Statutes, 1 pertaining to the following described property: Par- My commission expires: 04 ~ 1 9- /<Rm 5 cel ID #2737-073-32-002, legally described as Lots I E through G, Block 93 and the Easterly 10 Feetof I Lot D ofthe City and Townsite of Aspen; and Lots I 5 through 7 and the Easterly 10 Feet of Lot 4, I +44, g AL Block 29, East Aspen Additional Townsite, City 01 I Aspen, Pitkin County, State of Colorado. The ap- 1 l~tary Public proval grants an insubstantial amendment to 625 E. Main St PUD to decrease the amount 01 previ- I ously approved above-grade net leasable square footage on the subject site. This will create a defi -pri'CA cit to the ratio of above-grade net leasable corn- mercial area to net livable free-market ftoor area of : 14<':04Â·11 the previously approved development plan. The ....~ ~ ~t'L~ ATTACHMENTS: mercial space into two units and adding a circula- Applicant will be subdividing the ground floor com- 9. 'Â·. O k tion corridor, as well as converting a mechanical COPY OF THE PUBLICATION ~ room on the second floor to commercial space. , For further information contact Sara Nadolny at the . 91Â¢9 City of Aspen Community Development Dept., 130 3-Â·Â·Â· *p /fl S. Galena St., Aspen, Colorado. (970) 429-2739. 4 ... - /189 adollmrThe Aspen Times Week/y on Novern- ~ $ ber 1,2012. [8545732] 139/9/*7 DEVELOPMENT ORDER City of Aspen Community Development Department rhis Development Order, hereinafter "Order", is hereby issued pursuant to Section 26,304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site-specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three (3) -year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order. unless the change is accomplished or a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site-specific development plan as described below. Property Owner's Name, Mailing Address and telephone number: 625 Main Aspen LLC, 1482 East Valley Road, Suite 463. Montecito, CA 93108. Legal Description and Street Address of Subject Property: Lots E-G, Block 98 and the Easterly 10 feet of Lot D of the City and Townsite of Aspen, and Lots 5-7 and the Easterly 10 feet of Lot 4, Block 29, East Aspen Additional Townsite, County of Pitkin, State of Colorado; 625 E. Main St, Aspen, CO 81611. Written Description of the Site Specific Plan and/or Attachment Describing Plan: An administrative Insubstantial PUD Amendment was granted by the Community Development Director allowing the Applicant to divide the first floor commercial space into two separate units and add a circulation corridor to provide egress for the units, and to convert a second story mechanical room into commercial space. These combined changes decrease the amount of above-grade net leasable, and also increases the deficit of above-grade net leasable area to net livable free-market floor area ofthe previously approved development plan. Land Use Approval Received and Dates: The Community Development Director granted administrative approval of this development on October 29.2012. Effective Date of Development Order: November 1,2012. Expiration Date of Development Order: November 1,2015. (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 2gth of October 2012, by the City of Aspen Community Development Director. <70 ..AA A. A 4 3 1 A /1/ W \/\1 Â£ 1 LAVVIVIÂ» Chris Bendon Community Development Director City of Aspen NOTICE OF APPROVAL For an Insubstantial PUD Amendment to 625 E. Main Street Legal Description: Lot E through Lot G, Block 98 and the Easterly 10 feet of Lot D of the City and Townsite of Aspen; and Lot 5 through Lot 7 and the Easterly 10 feet of Lot 4, Block 29, East Aspen Additional Townsite, County of Pitkin, State of Colorado Parcel ID No.: 2737-073-32-002 APPLICANT: 625 Main Aspen, LLC 1482 East Valley Road, Suite 463 Montecito, CA 93108 SUBJECT & SITE OF AMENDMENT: 625 East Main Street SUMMARY: The Applicant is requesting an Insubstantial PUD Amendment that will permit a decrease in the amount of previously approved above-grade net leasable square footage on the subject site. This parcel is located in the C-1 zone district. According to the Land Use Code, in this district the total free-market residential net livable area shall be no greater than the total above-grade commercial floor area. The proposed amendment will create a deficit to the ratio of above-grade net leasable commercial area to above-grade net livable free-market floor area of the previously approved development plan. BACKGROUND: Ihis property was formerly home to the Stage 3 Theater building. In 2006 the Planning and Zoning Commission approved Resolution No. 27, Series of 2006, which granted approval of the Commercial Design Review and Growth Management Quota System allotments for the site's redevelopment. City Council subsequently approved Ordinance No. 41. Series of 2006 which granted approval for a mixed-use building. After the approvals were granted, the developer obtained a building permit and began construction in early 2007. However, construction was halted in the fall of 2008, at which time the owner sought to sell the property. At the cessation of construction, a substantial portion of the foundation and structural work had been completed. In 2010 the Applicant purchased the property, and proposed a number of changes to the original approval that included such issues as a reduction in density, a reduction in off-street parking, an increase in net leasable area, the elimination of a fourth level roof deck, and a reduction in the building's height and mass. City Council granted the Applicant an amendment to the Subdivision Development Order, Planned Unit Development. and Rezoning of this property reflecting these changes on May 11, 2011 through Ordinance No. 12, Series of 2011. The development was approved as a mixed-use building permitting 9,988 sf of total net leasable space, two affordable housing rental units, and three free-market residential units totaling 8,022 sf. RECEPTION#: 593605, 10/31/2012 at 03:26:56 PM, 1 1 OF 5. R $31.00 Doc Code APPROVAL Janice K. Vos Caudill, Pitkin County, CO The Applicant elected to use 7,869 sf of the approved net leasable space as commercial space between the building's first and second floors, with additional 2,118 sf used in the basement area; a total of 9,987 sf of net leasable space was used for the entire property. This created a situation where the proposed net leasable above-grade space (7,869 sf) was less than the proposed free-market residential space (8,022 sf) on the property by 153 sf, which is contrary to the requirements of the C-1 zone district in the Land Use Code. This deficit in the ratio of above-grade net leasable floor area to net livable free-market floor area was also approved by City Council through Ordinance No. 12, Series of 2011. CURRENT PROPOSAL: Since the time this approval was granted the Applicant has recognized that the amount of commercial space on the main floor (5,973 st) is too large to attract a single user/tenant. Therefore, the Applicant is requesting a PUD amendment that will allow a change to the approved development plan. This will include the addition of a circulation corridor that will serve to divide the main floor single commercial space into two separate units, the eastern side totaling 2,686 sf, and the western side totaling 3,011 sf. This dividing circulation corridor further provides an additional form of egress to the south of the building from both commercial spaces. This change results in 5,697 sf of net leasable floor area for the main level, 276 sf less than the amount approved in the Ordinance 12, Series 2011. The Applicant is also proposing changes to the second floor commercial area. During construction it has been determined that a mechanical room, located adjacent to the northeast corner of the second story commercial space, is no longer required. Therefore, this floor area, along with a portion of the second floor lobby, is proposed to be combined with the second level commercial space. resulting in an increase of net leasable floor area on the second level. The project was previously approved with a second story net leasable floor area of 1,896 st which will increase to 1,920 sf with this proposed amendment. This is an increase of 24 sf of second story net leasable floor area. As approved, the net leasable floor area for the entire development measures at 9,987 sit inclusive of the basement, with the above-grade net leasable floor area measuring at 7.869 sti With the proposed changes, the new total net leasable floor area for the development measures at 9,417 sf, with the above-grade net leasable floor area measuring at 7,617 sf. REVIEW PROCEDURE: Insubstantial amendments to an approved PUD may be approved by the Community Development Director, pursuant to Land Use Code Section 26.445.100 Amendment of PUD development order. STAFF EVALUATION: This proposal requests approval to increase the deficit of above-grade net leasable commercial floor area to net livable free-market floor area from 153 sf to 405 sf. This will be achieved by the addition of a circulation corridor on the first floor, and the rearrangement of net leasable space on the second floor. Staff finds this to be a reasonable request, given the physical layout of the ground floor commercial space. The proposed circulation corridor will serve as a secondary point of egress for both commercial units on the main floor, which is required per the International Building 2 Code Section 1014, Exit Access. The removal of the second floor mechanical room and the combination of this space with the second level commercial space is a rational use of the floor plan, given that the proposed mechanical room is not needed for this development. The proposed net leasable space totaling 9,417 sf does not maximize the total approved net leasable space of 9,988 sf for the entire development. The right to expand the commercial net leasable to 9,988 sf shall remain and the owner will be permitted to recombine these separate first floor spaces into one contiguous commercial space. Any such changes will require a building permit prior to construction, but shall not require additional mitigation. DECISION: The Community Development Director finds the Administrative Application for an Insubstantial PUD Amendment, as noted above, to be consistent with the review criteria (Exhibit C) and thereby, APPROVES the request. APPROVED BY: FÂ».6 ,- M Â·701â‚¬00, Chris Bendon, Community Development Director Date Attachments: Exhibit A: Site Plan (Recorded) Exhibit B: Net Leasable Area Plan (Recorded) Exhibit C: Review Criteria/Staff Findings (In file) Exhibit D: Application (In file) 3 Exhibit A - 625 E. Main St uscisÂ·Bt59 BEARS N62~31'DJÂ»W WAYNSTREE[ -. *W -464.211 . 4 Site Plan PE' .LA'I ./*/ 4 6/JOKId.1:Wk' 4 4 1%ANH(11 ~ ~SRFRA[IA-P- . 0 4 4 \X\ c-~e..7.0-- t./.79/70.Irr v I I 4 .:21 Â· 4 '0 4 4. 181~ tÂ»NTROt. Fa si'.- -Â· 3/ o,;rm#. 6*,4 ::'S,1*llk"(I \297-f----- CO~Ckllr of *P '71/, 1.-COA./.Se. 44 GALEKA.1'..IN; 1,- . e 1~!LAWSUrr,6,1~,-w 363,93 d. 4 44 -39.TRE-- 1 2 'liu 1 44 COKC .ALL 1 7.9. 7.3. e .R.Alt/* 4 L.S..79;3 #be l 1 1 ..r Ill/*'AR U CONDO 1 ....... 1 LOTS.B.CITUE"LI le/~Lor D, BLOCK. f ./u./FERES:*... 1~Ull DING ~'mi B.~SF.h,ENT .r:-2:7\ f t 27 62; h,AINSTREEr 5 62 #W/ 1 1 10rk,BLOC~98 1 ...,B.... j -PUWLICEI.ECTRUCAL & * CO*NICATIONUTIIÂ·ITY 0. 24.762..~.,5.'. 1 1 BK 7 FG91 PKIUÂ·ETUt,L LO'rd. Ut OCK< 98 410$*~/4 1 ' EE=n 1 1 ,T,1~.~; *M; -e l, 1 SPRING STREErâ‚¬ONDO A L./.41.Illock. u~irr 4 '4' 7 : F uu I L / 1 111~9* i --, OUTS]DE'UILDiNG WALL l[Kii 1 %1-- #I. --% f I. --- W ... m./. A MET [.R e Dital- - 3 GAS 4, 4 4,Â· ILYâ„¢ PKNAILISIilNER U .1933 N 4* 4-V b - SEWER / 7.1 3 4 ---,BUZEZZLZE#=I.''I N 75 0,1 r W .U..... 1 : .' (NDI?~6~OUND .'Â· /EL[aft~C NETER A - 'DO." 21WIELE FED -ElliC ~RANSFC~,flt UNDERGAOUND-' RASErl~313 Ill .-5.S X5 3' UTILITY \-\27.2~C----- EASE. 1*K]1314;261 .5<5,/tn'In ELICIMICm'P) -2,,4,21~-.ZZLY-'- 7726,&fu; 9~~3' SÂ£WEI11[Ne-J .-=NU=48=:-\Â»,19 tnÂ·r.~ --~Â·==42:e-----2 ZzÂ·----r.K. NAIL & .liINER ---- /:~./. -1. S. NO. 379]5 -0,1. FE R PLAT OK' 'M ~05"/ S =Ir~1-*iÂ£~1=====ipÂ· -Exhibit B 44*#71 11- râ‚¬j LU 625 E. Main St -[9 - - -2 ~11 Net Leasable Area Plan 41-7--434= ---- [Ili---1 -inil--1 liznli~ lili . -------11------- yZEZZLZE,FIL ' 1 _LLU --- - 1--1 --- - i =~1-41-I-L-_~ @:ost r 4-H- 1 --1 1 079222_ z.- 2--1 L . -- 11-I-z--4 -7 -- -1-1------ "~-Â«~~~3~1-~Uwal I /Â·11 -c It_I- -L_Z- ~ %,7'2,Â·;Â·AÂ· i - - 41 _ --7. __3_3172-1-72- 1 ! 49441 - - 0-Fe -1-1 -1- 1 Ill "--r--r= L =~L= =Jt 61Uct=2-x -E= -1........a.........64 mtjUUL,7 C-) SECOND LEVEL NET LEASABLE AREA CS) FIRST LEVEL NET LEASABLE AREA LU SCALE M12Â·â€¢ 1.0. , I Â¢ 71 4ttlk! - 1-1-1 1 ~1 1 4 6 1 || 1#~6 ul Tablo l: Amended Net Lensable / Lival,le F~"~'~r~j~~~,~~~~111.ti~~Unl NLA <14. Amount Over/ (Unde Uffi 27$=4*40 -Li 4-EFE < 0- u-1 4 ~ 1800 . t.. i - L lili Cites (sq. ft.) 0,1 (sa. ft.) .= C\,1 40 -1 FM Unit A Ord Level) 2,658 2,658 0 NET LEASABLE AREA ~--Iff- -O-11==- co FMUnite (3rd Level) 2,837 2,837 0 'Â©~2Â»~Â·'â€¢.Â·.'Â·1Â·-â€¢:..Â·.â€¢1â€¢Â·'.~.â€¢.â€¢ FM Unit C end Level) 2,527 2,527 0 Free Market Residential Area 8,022 8,On O 3:22 1:: 1:3,; AHUnit A Ond Level) 1,351 1,351 0 AII Unil B (2nd Level) 1,435 1,435 0 NON-LEASABLE Affordable Housing Area 2,786 2,786 0 AREA ( PER 2006 LAND USE CODE} Basement Commercial Area 2,118 1,800 0 1 8) Main Level Commercial Area 5,973 5,697 (276) Second Level Conmevial Ama 1,896 1,920 24 Total Commercial/Office Area 9,987 9,417 (570) 1 DC -- 1 f .1- , < iv. :7 -, i ~ 1 Above Grade Commercild Area 7,869 7,617 (2521 6-5.- -3 J ~ 6 2 _ -14 I.,_5_ -2.J Commercial:Residential NLA (153) (405) (252) U n 3 1 rh BASEMENT LEVEL NET LEASABLE AREA -./AE: 34,Â·. i. 6,.6...Al.* Z LOZ/90/60 IN3!/KINEINV *a IlNV1S8nSNI '19 NIVIN EXHIBIT 'C' Section 26.445.100 Amendment of PUD development order A. PUD Insubstantial Amendments. An insubstantial amendment to an approved development order for a final development plan may be authorized by the Community Development Director. The following shall not be considered an insubstantial amendment: 1. A change in the use or character of the development. Staff Response: The proposed amendment does not change any approved uses or the character of the approved PUD development. Stafffinds this criterion to be met. 2. An increase by greater than three percent (3%) in the overall coverage of structures on the land. Staff Response: The proposed amendment does not involve the increase in the overall coverage of structures on the land. Staffjinds this criterion to be met. 3. Any amendment that substantially increases trip generation rates of the proposed development or the demand for public facilities. Staff Response: The proposed amendment will have no impact on trip generation rates to the development. Staffjin(is this criterion to be met. 4. A reduction by greater than three percent (3%) of the approved open space. Staff Response: The proposed amendment has no impact on the amount of approved open space associated with the development. Staff finds the criterion to be met. 5. A reduction by greater than one percent (1%) of the off-street parking and loading space. Staff Response: The proposed amendment has no impact on the amount of off-street parking, nor does it change any approved loading space associated with the development. Stafffinds this criterion to be met. 6. A reduction in required pavement widths or rights-of-way for streets and easements. Staff Response: The proposed amendment has no effect on the size of the pavement widths or rights-Of-way for streets and easements. Stafffinds this criterion to be met. 7. An increase of greater than two percent (2%) in the approved gross leasable floor area of commercial buildings. 1 Staff Response: There is no net leasablefloor area increase associated with the proposed PUD amendment. Stajffinds this criterion to be met. 8. An increase by greater than one percent (1%) in the approved residential density of the development. Staff Response: The proposed amendment involves no increase in the approved residential density of the development. Stafffinds this criterion to be met. 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. Staff Response: The amendment is consistent with the project's original approval. The proposal does request a variation from the approved dimensional requirements; however this deals with an internal reconfiguration of the net leasable space, and does not affect the external building dimensions. The Applicant is requesting to be allowed to maintain the approved amount of net leasable space, 99 sf to be kept unused until such a time as the main floor commercial space is recombined. Stafffinds this criterion to be met. 2 Page 1 of 1 111Ill lilli lili lilli lilli Illl Ill ROunfs Pitt,in County Transaction Print Date: Janice K. Vos Caudill #: 46250 10/31/2012 3:27:00 Clerk and Recorder Receipt #: 201207040 PM 530 East Main Street Cashier Date: 10/31/2012 Aspen, CO 81611 3:26:57 PM (JHAAS) (970) 429-2707 www.PitkinClerk.org Customer Information Transaction Information Payment Summary DateReceived: 10/31/2012 Over the Source Code: Counter () 625 MAIN ASPEN LLC O Code: Counter Over the Total Fees $31.00 Total Return Code: Over the Payments $31.00 Counter Trans Type: Recording Agent Ref Num: 1 Payments *El CHECK 1126 $31.00 1 Recorded Items BK/PG: 0/0 Reception: 593605 *12.1 (APPROVAL) APPROVAL Date:10/31/2012 3:26:56 PM ANY TYPE From: To: Recording @ $11 for 1 pg and $5 for 2 5 $31.00 or more pgs $1 Surcharge 0 Search Items 0 Miscellaneous Items file://C:\Program Files\RecordingModule\default.htm 10/31/2012 THE CITY OF AspEN Land Use Application Determination of Completeness Date: September 13,2012 , Mil * rd/14- -9 AAbajp : ---u,-1\-; V I ' Dear City of Aspen Land Use Review Applicant, 3353 A-v~/v- We have received your land use application and reviewel it for completeness. The case number and name assigned to this property is 0059.2012.ASLU -4279 (Ute Ave.). The planner assigned to this case is Sara Nadolny. O 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 o f the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. ~~6Â£.)four 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. Thank You, Jennifer PE}An, Deputy Director City o f Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required SPA PUD COWOP Yes___ Noopt_- Subdivision (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes- No.*_ Commercial E.P.F. 2737,073 - 32 -001 co 59 Â· 20/1. Ail-4 ' Elle Edit Eecord Navigate Fgm Reports Format Iab Help 0 1@@)X ) V 4 iÂ¢I ~i Q] t) 303Â· 1 in 1 B 4 0 @Alumpl ( Â¥1 10101 ' li~*3 (al a@ 6 .1 i. 3 .J 1 3 % a 40 11 ~ Rogting 5tatus |Fees IFee 5ummarg ~Actions ~ Attachments Routing Listory ' Yaluation | Arch/Eng Custom Fields f Sub Eermits 4 h . IMM'....'ll~//F -739:0 S Â«/frifi 91~""./*#'.'~ 92i ~ 8 Perint type aslu Aspen Land Use Permit # E0059.2012.ASLU 1Â£4 [ Address 625 E MAIN ST Apt/Suite 402 * City ASPEN - =-i,ej~Â·~~~ . state RE-Tvl ZiP 81611 -. - . Â·991Â·-1................ ..Â£/I/3/Ze<QI -fi'at. 11.14.- Â£ Permit Information :5Â®~~7,PeÂ· Â·Â¥Â·Â·~~' ~9~,~M-,nÂ·79:'MU,rt~0*L.0-~ Master permit Routing queue aslu07 Applied 9/11 Â£2012 v " Â· 3 Project Status pending Approve ~ De:cription FINAL PUD - PUD AMENDMENT Issued Closed/Final ~ JF- 1' ~ Submitted ADAM ROY 274 0890 Clock @4| Days ~6| Expires 9/6/2013 0 Submitted via v 4*4. - , Owner . r"fe Last name 625 MAIN ASPEN, LLC First name JEFFERY CARDOT 1482 EAST VALLY RD SUITE 463 Phone (312) 543-0033 Address MONTECITY CA 93100 1 Â®,Unt @ Owner is applicant? D Contractor is applicant? f :- Last name 625 MAIN ASPEN ~ LLC First name JEFFERY CARDOT 1482 EAST VALLY RD SUITE 463 Phone (312)543-0033 Cust # 29361 Addrez MONTECITY CA 93100 .. 1 1 Lender 1 Last name First name i phone C 1 - Address j t Displays the permit lender's address AspenGold5 (served angelaf l 1 of 1 ,: E - i~~ Ct/* /2-41- 1 6,>*m. Ce M f?wwwF 4 I t' 0 ' co ReaÂ» P *- 323 4% p Toolbox ~Quck Note