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HomeMy WebLinkAboutagenda.apz.20130702 AGENDA ASPEN PLANNING AND ZONING COMMISSION TUESDAY, July 2, 2013 REGULAR MEETING: 4:30 p.m. Sister Cities room 130 S. Galena Street, Aspen I. ROLL CALL II. COMMENTS A. Commissioners B. Planning Staff C. Public III. MINUTES IV. DECLARATION OF CONFLICT OF INTEREST V. PUBLIC HEARINGS — A. 614 E. Durant, Commercial Design Review B. 815 Vine Street, Establishment of Certificate of Affordable Housing Credits VI. OTHER BUSINESS VII. BOARD REPORTS VIII. ADJOURN Next Resolution Number: / (o P1 **For internal Staff use only. Not for publication. Dates subject to Change** CITY AGENDAS City Council-2nd and 4" Mon. @ 5:00 PM, (Work sessions for Council @ 5 on Mondays, 4 on Tuesdays) P/Z-1st and 3d Tues. @ 4:30 PM, HPC-2nd & 4th Wed. @ 5:00 PM. BOA Thurs. @ 4 Week of June 24, 2013 7/2 P&Z R-4:30 Notice: 6/10 815 Vine—AH Credits—JB 614 E Durant— Commercial Design - SN 7/16 P&Z R-4:30: Notice: 6/24 8/6 P&Z (uD-4:30 Notice: 7/15 Aspen Alps— PUD Amendment—JG.(continued from 6/18) 1460 Red Butte ESA 8/20 P&Z(-4:30 Notice: 7/29 Hotel Aspen - tentative P2 Community Development Update June 2013 Project: South Aspen St PUD u Contact: Jennifer Phelan . w Status: Pending Review Council Closing Date: Undetermined. Description: The applicant proposes to amend their townhome approval through a PUD Amendment. The applicant proposes dividing the project into phases and reducing the amount of on-site housing. The proposed phasing would involve 5 free- market and 10 affordable housing units built in phase 1, and 9 free-market units built in phase 2. The applicant proposes to provide the balance of their required housing mitigation in the second phase through the use of affordable housing credits or off-site housing in Aspen city limits. Update: City Council reviewed the application for first reading on June 10tH Next Steps: PUD Amendment review before City Council is scheduled for second reading on July 8th Project: 604 W Main Contact: Amy Guthrie Status: Pending Review by Council Closing Date: Undetermined. Description: The applicant proposes an historic landmark lot split and to establish TDRs for the floor area that will be un-built on the parcel. Update: City Council reviewed the application for first reading on June 10tH Next Steps: City Council will review the application for second reading on July 8th Project: 507 Gillespie Contact: Amy Guthrie Status: Pending Review by Council Closing Date: Undetermined. Description: The applicant proposes to establish TDRs for the floor area that will be un-built on the parcel. Update: City Council reviewed the application for first reading on June 10th Next Steps: City Council will review the application for second reading on July 8 th Project: 534 E Cooper Ave (Boogies) Contact: Jessica Garrow Status: Pending Review by Council Closing Date: Undetermined. Page 1 of 8 P3 Description: The applicant proposes to add a third story free-market residential unit, and convert a second floor deck to commercial space. The building is commonly referred to as the Boogies Building. Update: HPC approved conceptual design of the project on July 11, 2012 by a vote of 4:0. City Council reviewed the application under Call-Up .procedures and accepted HPC's decision. The applicant has applied for growth management and subdivision reviews. P&Z approved the growth management reviews and recommended City Council approve the subdivision review at their April 16th meeting. City Council will review the application at first reading on July 8th Next Steps: Subdivision review before City Council is scheduled for first reading on July 8th and second reading on July 22"a Project: 420 E Hyman (CB Paws/Zocalito) Contact: Sara Adams Status: Pending review by P&Z and Council Closing Date: Undetermined. Description: The applicant proposes to redevelop the property at 420 E Hyman with a new three-story mixed-use building. Update: HPC approved the project on July 25, 2012 by a vote of 3:2. City Council reviewed the application under Call-Up procedures and voted to remand the project back to HPC for further review of the mass and scale. HPC approved the massing on November 14th. The Applicant applied for subdivision and growth management reviews on February 15th. P&Z granted growth management approval by a vote of 5-0. Next Steps: This case is scheduled to go before Council for Subdivision review, with the first reading scheduled for July 8th, and the second reading scheduled for August 12th Project: 700 Ute Ave (Aspen Alps) Contact: Jessica Garrow Status: Pending Review by P&Z and Council Closing Date: Undetermined. Description: The applicant proposes to add a PUD to the entire Aspen Alps project to address a number of existing non-conformities. The applicant is also proposing to update the existing infrastructure easements. Many of the utilities on site are not located within the prescribed easements. No new development is proposed as part of this application. The Alps was constructed in the 1960s, before modern zoning and subdivision regulations. This has resulted in a number of areas where the buildings to do not conform with existing zoning requirements related to density, unit size, parking, floor area, height and setbacks. The PUD would establish that the existing buildings, as they are currently situated are permitted. Page 2 of 8 P4 Update: DRC was held on May 8th. The Planning and Zoning Commission reviewed the case on June 11t" and continued the public hearing to August 6 th Next Steps: P&Z for a recommendation to Council on adding a PUD. P&Z review has been continued to August 6th Project: 601 E Hyman Ave (Victorian,Square) Contact: Sara Nadolny Status: Closed Closing Date: June 18, 2013 Description: The applicant proposes demolishing and replacing the existing building with a mix of commercial space and one free-market residential unit. The applicant proposes to use a certificate of affordable housing credit for their affordable housing mitigation. The building is commonly known as the Garfield and Hecht office building, or Victorian Square. Update: A public hearing was held before P&Z on June 18th to discuss a minor expansion of commercial, lodge or mixed-use development and Final Commercial Design Review. Next Steps: The Commission approved the application in a vote of 4 to 0. The approved plans include 7,317 sf of net leasable space and 1,806 sf of free-market net livable space. The building will host commercial space in the basement, ground and second floors. A single free-market unit will occupy the third floor. The applicant has been approved to provide 4.90 certificates of affordable housing credit as mitigation for this project. The property will host 562.5 sf (12.5%) of public amenity space, and no on- site parking will be provided. Project: 430 W Main Contact: Amy Guthrie Status: Pending Review by Council Closing Date: Undetermined. Description: The applicant proposes an historic landmark lot split and to establish TDRs for the floor area that will be un-built on the parcel. Update: HPS approved the application for the historic lot split and the establishment of TDRs. Next Steps: Applicant will apply to go before City Council. Project: 110 W Main - Hotel Aspen Contact: Amy Guthrie Status: Pending Review by HPC Closing Date: Undetermined. Description: The applicant proposes to increase the number of lodge rooms on the property from 45 to 53, add 4 new free-market residential units, add on-site affordable Page 3 of 8 P5 housing, and create an underground parking garage. The lodge rooms average less than 300 square feet. Update: Staff is still reviewing the initial application. The project's conceptual commercial design review will be conducted by HPC. HPC reviewed the project on January 9, February 13 and March 13 and continued their review to April 24, when the project was approved. Next Steps: The applicant will apply for growth management, PUD, and subdivision reviews. Project: 434 E Cooper Ave (Bidwell) Contact: Sara Adams Status: Pending Review by HPC Closing Date: Undetermined. Description: The applicant is proposing to demolish and replace the building at 434 E Cooper, commonly known as the Bidwell building, with a new commercial building. No residential space is proposed as part of the redevelopment. Update: HPC approved the conceptual design on December 12, 2012. City Council did not call the project up. Next Steps: The applicant will apply for final commercial design review. Project: 610 E Hyman Historic Designation Contact: Amy Guthrie Status: Pending review by HPC Closing Date: Undetermined. Description: The applicant proposes to designate and expand an existing free-market residential unit and add two-story commercial addition to the property. The building houses the Charles Cunniffe.offices. Update: Review by Staff. HPC is reviewed the project on May 23, 2012 and recommended a continuance. The was approved, with conditions regyarding work required to in order to qualify for designation, by HPC on October 10t . City Council approved the designation on January 14th, and gave the applicant 30 days to accept the decision. The applicant accepted the designation decision. Next Steps: The applicant will apply for final HPC review. Project: 616E Hyman Ave Contact: Jennifer Phelan Status: Pending Review by P&Z Closing Date: Undetermined. Page 4 of 8 P6 Description: The applicant is proposing to demolish and replace the building at 616 E Hyman, with a new commercial building. Residential space is proposed as part of the redevelopment. Update: P&Z approved the conceptual design of the project in November 2012, and City Council has exercised their call-up authority to review the decision. Council accepted the decision. The applicant has applied for growth management reviews. Next Steps: P&Z approved growth management reviews on April 2. The applicant will apply for final commercial design review. Project: 422 E Cooper Contact: Amy Guthrie Status: Pending Review by P&Z Closing Date: Undetermined. Description: The applicant proposed to demolish an existing one-story commercial building, commonly known as the Red Onion Annex (currently houses the poster shop). The applicant proposes to replace it with a new two —three story mixed use building including commercial space and one free-market unit. Update: HPC reviewed the project on September 12, 2012 and approved it on October 24. City Council has exercised their call-up authority, and remanded the project back to HPC for view plane review. Next Steps: HPC reviewed the remanded project, and approved it with no changes. The applicant will apply for growth management and final design reviews. No application has been made to date. .Project: Lodging Study Contact: Jessica Garrow Status: Ongoing Closing Date: Summer/Fall 2013 Description: One of City Council's Top Ten Goals is to "examine the desirability and sustainability of preserving existing lodging and producing more lodging in Aspen." As part of this effort, staff conducted a great deal of background work and stakeholder meetings to gain an understanding of Aspen's lodging sector. The background phase was completed in early May. All the reports are available online at: http://www.aspenpitkin.com/Departments/Community-Development/PIanning-and- Zoning/Long-Range-Planning/ In December, City Council identified three (3) goals to focus on: Enabling upgrades to condominium units while maintaining those units in the short-term rental pool, enabling upgrades to existing lodges, and enabling new lodge product. These goals were reaffirmed at a June 2e work session. Update: City Council affirmed the goals related to supporting condominiums, existing lodges, and new lodges. Staff presented a detailed matrix of policy options at the June 25th work session, and Council prioritized changes to condominium and existing lodges. Page 5 of 8 P7 Staff will present specific recommendations to City Council as it relates to changes in Condominiums and Existing Lodges at the July 15th work session. Next Steps: Staff will present potential next steps to City Council at their July 15th work session. Project: ADUs Code Amendment Contact: Chris Bendon Status: Ongoing Closing Date: Undetermined Description: Council, P&Z, and APHCA have all expressed interest in eliminating ADUs as an option when mitigating for housing impacts in single-family and duplex development. This code amendment eliminates the ADU mitigation option, creates a system to remove existing ADUs, and changes the mitigation trigger to any time new floor area is created in a single-family or duplex development. Update: City Council approved policy direction on November 12th, and approved code language at first reading on November 26th. Second reading on December 10 was continued to January 28tH Next Steps: Staff is taking direction from the January 28th council meeting and working on the proposal. It will come back to City Council at a later date. Project: SCI Zone District Code Amendment Contact: Sara Nadolny Status: Ongoing Closing Date: Fall/Winter 2013 Description: City Council requested staff to examine amendments to the SCI zone district to better address the current functioning of the zone. SCI is the only zone district that lists specific allowed uses (Coffee Roaster, for instance), rather than relying on general use categories (Commercial Uses, for instance). Update: Staff has met initially with business owners in the different SCI buildings, as well as with the P&Z to gain feedback on what goals they have for the zone district. Staff presented the findings and asked for initial Council direction at an April 23rd work session. Next Steps: Staff is working on continued outreach with SCI owners and businesses based on the direction from Council. Staff member Sara Nadolny is meeting with Wally Obermeyer to discuss the effects of changing the current SCI zoning to NC at Obermeyer Place on May 29th. A meeting with the representatives of Clark's Market is also planned, to discuss any potential impacts of rezoning the Ace Hardware store at N. Mill St. Station to NC. Staff will return to Council this summer as more progress is made. Page 6 of 8 P8 Project: PUD/SPA Code Amendment Contact: Jessica Garrow Status: Ongoing Closing Date: Fall/Winter 2013 Description: City Council requested staff to update the PUD and SPA Chapters of the Land Use Code to simplify and clarify the review process. Update: In March staff met with the Planning and Zoning Commission to get their feedback on potential changes. Staff presented policy options to City Council at their June 24th Council meeting. City Council passed a Policy Resolution directing staff to process a code amendment that combines the SPA and PUD reviews, consolidates and updates the review criteria, and creates a binding Conceptual Review. - -- -- - Next Steps: Staff is working on specific language changes and will present options to City Council later this summer. Because the proposed changes are significant, staff will present potential process and review criteria changes to the Planning and Zoning Commission prior to returning to City Council in public hearings. Project: Subdivision Code Amendment Contact: Chris Bendon Status: Ongoing Closing Date: Fall/Winter 2013 Description: City Council requested staff to update the Subdivision Chapter of the Land Use Code to simplify and clarify the review process. Update: In March staff met with the Planning and Zoning Commission to get their feedback on potential changes. Staff presented policy options to City Council at their June 24th Council meeting. City Council passed a Policy Resolution directing staff to process a code amendment that creates different levels of subdivision review, establishes development document requirements, and updates the review criteria. Next Steps: Staff is working on specific language changes and will present options to City Council later this summer. Project: ESA Code Amendment Contact: Jessica Garrow Status: Ongoing Closing Date: Winter 2013 Description: City Council requested staff to update the Environmentally Sensitive Areas (ESA) Chapter of the Land Use Code to simplify and clarify the review processes. Update: In March staff met with the Planning and Zoning Commission to get their feedback on potential changes. Staff is coordinating with the Parks and Engineering Department on changes related to the Stream Margin, Hallam Lake Bluff, and 8040 Greenline reviews. Page 7 of 8 P9 Next Steps: Staff is working on specific language changes and will request formal policy direction from City Council later this summer. Page 8 of 8 'V, P10 MEMORANDUM TO: Planning and Zoning Commission FROM: Sara Nadolny,Planning Technician THRU: Jennifer Phelan,Deputy Community Development Director MEETING DATE: July 2,2013 RE: 614 E.Durant—Commercial Design Review Applicant/Owner: Durant Ave. The Applicant is remodeling the Ajax Holdings, Inc. - 720 E. Durant Ave., subject space for use as a retail shop, and is Aspen, CO 81611 proposing the removal of the door on the Hunter St. side of the building, and its replacement with a Representative: window. Additional minor changes are also Kim Raymond, Kim Raymond Architects, proposed, including the replacement of the doors Inc. — 802 E. Cooper, #4, Aspen, CO on E. Durant Ave., the removal of a corner 81611 window on Hunter St., and the creation of a small pocket park with bench seating. Location: 614 E. Durant Ave, City and Townsite of Staff Recommendation: Aspen The removal of the secondary door does not affect the site's ability to meet the Building Code, and Current Zoning&Use meets the standards for Commercial Design Commercial Lodge(CL)zone district; this Review. Staff supports the additional cosmetic site is used for commercial retail space. changes to the building. Staff recommends the Planning & Zoning Commission approve the Proposed Land Use: consolidated Commercial Design Review, as The Applicant continues to use the site proposed. commercially, and is proposing exterior physical changes to the building. Summary: The Applicant requests Planning and Zoning Commission approval of the Figure application for consolidated Conceptual Image o of and Final Commercial Design Review subject regarding the commercial space at 614 E. property 1 P11 LAND USE REQUESTAND REVIEW PROCEDURES: The Applicant is requesting the following land use approvals from the Planning and Zoning Commission: • Combined Conceptual and Final Commercial Design Reviews — Commercial Character Area pursuant to Land Use Code Sections 26.412.040 and 26.412.050, respectively. An application for Commercial Design Review requires the Planning and Zoning Commission, at a public hearing, to approve, approve with conditions or disapprove of the application. The Planning and Zoning Commission is the final review authority for this application. �r o • , • -" " , ILA �. tt i° Figure B:Vicinity map BACKGROUND: The proposed project site is Parcel K, Unit 135, of the Aspen Square subdivision. The Aspen Square Condominiums were originally approved in 1968, with this particular building being designated as commercial space from the time of the original plat recordation. Until recently the site was home to Pomeroy Sports. The Aspen Square buildings were designed by architect Fritz Benedict, and although not historically designated, they provide architectural value to this character area and the city. Proposed Project The Applicant, Ajax Holding, Inc. is proposing minor changes to both the Hunter St. and E. Durant Ave. building facades. On the Hunter St. side of the building, the Applicant proposes to remove the existing double doors and replace them with a steel-framed window, the height of which matches those currently found along this street fagade. The brick veneer found beneath the existing windows will be continued beneath the proposed window, thereby creating a 2 P12 continuous line of traditional materials. The existing transom window, found above the doors, will be removed to make way for the new window. Figure C:Image of existing art doors on Hunter St. The Applicant is proposing to a remove these doors and transom window and replace them with a window of the same style and materials found along this building's street face. N The Applicant also proposes to remove the existing corner window and replace it with bricks to match the rest of the building, as this window is not a part of the original structure and does not support the building's character. Figure D: Corner window to be removed. Lastly, the existing raised concrete pad, found at the Hunter St. entrance, will be transformed into a pocket park,with plants and bench seating for use by the public. 3 P13 Hunter Street . I Figure E: 1 Plans for pocket J I park on existingl 3 J mow' I D concrete slab. I m ElI � i I i I ,I i ;4: cY7 � Co "3. I :.. 1 <M ' 1 On the E. Durant Ave. side of the building, the Applicant is proposing the removal of the existing frosted glass doors, and their replacement with transparent glass doors that will allow for more transparency into the retail space inside. �y Figure F:Applicant plans to replace the frosted ;, glass doors on E. Durant Ave.with transparent glass doors. 4 P14 STAFF COMMENTS The Building Dept. has confirmed that this secondary entryway is not necessary to meet the building code for safety or ingress/egress. Should it be decided that the doors must remain as part of the building, the Applicant plans to lock these doors and use only the E. Durant Ave. entrance. The locked doors will add confusion to those wishing to enter the store. Without the use of this entryway, Staff feels an acceptable alternative is to continue the building's design, as proposed, in a manner that is most visually compatible with the original building's design. The Applicant's plans to use the existing concrete pad as a pocket park will add public seating in the area and provide plants and greenery, which will enhance the pedestrian experience along Hunter St. The additional cosmetic changes proposed for the building (the replacement of doors on E. Durant Ave. and the removal of the corner window on Hunter St.) will help restore the building to its original design character. Building Department Referral: The project at 614 East Durant's proposal to remove the paired doors at the northwest corner of the unit is acceptable. The unit has adequate exits with compliant separation between them. RECOMMENDATION: Community Development Department Staff recommends the Planning and Zoning Commission approve the Applicant's request for consolidated Conceptual and Final Commercial Design Review, as proposed. RECOMMENDED MOTION: If the Planning and Zoning Commission chooses to recommend approval for the requests, they may use this motion"I move to make a recommendation to approve the request for the commercial design review for 614 E. Durant Ave." ATTACHMENTS: Exhibit A— Commercial Design Review Exhibit B— Conceptual Review Design Guidelines Exhibit C— Final Review Design Guidelines Exhibit D— Application 5 P15 RESOLUTION NO._ (SERIES OF 2013) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING FINAL COMMERCIAL DESIGN FOR MINOR CHANGES TO THE FACADE OF THE PROPERTY LOCATED AT LOTS A-I AND K-S, BLOCK 101, ASPEN SQUARE SUBDIVISION, CITY AND TOWNSITE OF ASPEN, AND COMMONLY KNOW AS 614 E. DURANT AVE, CITY OF ASPEN, PITKIN COUNTY, COLORADO Parcel ID: 2737-182-43-005 WHEREAS, the Community Development Department received an application from the Ajax Holdings, Inc. (Applicant), represented Kim Raymond of Kim Raymond Architects, Inc., requesting the Planning and Zoning Commission approve a Final Commercial Design Review for the removal of a door and its replacement with a window at 614 E. Durant Ave; and WHEREAS, pursuant to Chapter 26.412 of the Land Use Code, commercial design review approval may be granted by the Planning and Zoning Commission at a duly noticed public hearing; and, WHEREAS, the applicant requests approval by the Planning and Zoning Commission for consolidated Conceptual and Final Commercial Design Review; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Director recommended consolidation of these reviews, and subsequently approval of the application; and, WHEREAS, the Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety and welfare. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves Final Commercial Design Review for the removal of the door and its replacement with a window at 614 E. Durant Ave. 1 P16 Section 2• All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded 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 3• This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4• 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. Section 5: Vested Rights The development approvals granted pursuant to Planning and Zoning Commission shall be vested for a period of three (3) years from the date of issuance of the Development Order. No later than fourteen (14) days following the final approval of all requisite reviews necessary to obtain a Development Order as set forth in this Resolution, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a vested property right, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 67, Colorado Revised Statutes, pertaining to the following described property: 614 E. Durant Avenue, City of Aspen, CO by Resolution No. Series of 2013, of the Aspen Planning and Zoning Commission. APPROVED by the Planning and Zoning Commission of the City of Aspen on this 2nd day of July, 2013. LJ Erspamer,Chairman APPROVED AS TO FORM: Deb Quinn,Assistant City Attorney 2 P17 ATTEST: Jackie Lothian,Deputy City Clerk Exhibit A: Approved Design Plans 3 Resolution Exhibit A-1 Approved Design Plans Uf,"Efi:_E'/°l:..n.;G:1rvAlNrag`<GT 5!!G','•H NOTE EXiSTRrG V.'INGO'v^1'Fd10THS VARY EXISTING COLUMNSAND BEAMS TO REMALIN Elm CONCIET'E 1LA1,ORM HUNTER ST. ELEVATION ):.r-r LEI_L-CLt--A7,Or4; 00 - Resolution Exhibit A-2 Approved Design Plans - -------------------------------------------------------, I 1 1 I t i PROPOSED PUBLIC I SEATING AND PLANTING 1 AREAS I 1 1 REMOVE EXISTING DOOR. EXISTING SIDEWALK 1 REPLACE WITH NEW BRICK VENEER WALL BELOW NEW d 1 WINDOW 5-1/8" 8'-8 7/8" 1 EXISTING CONCRETE 1 LANDING i is I 1 1 1 1 EXISTING PLANTER AND LJ 1 SIGN AT PEDESTRIAN ALLEY 1 I i .1 1 58" 1 ti i 3'-9r 1 S Z-6" 4"-6" `? 1 1 1 M EXISTING 1 PEDESTRIAN ALLEY OVERFRAME LOW LANDING AREA 1 FIREPROOF STEEL BEAM&COLUMNS 2'-9" 5- `2' 1 I � 1 (h t. .-.._- - -mow.--..------------------ LPL. N 1 P20 Exhibit A Review Criteria Commercial Design Review A. The proposed development meets the requirements of Section 26.412.060, Commercial design standards, or any deviation from the standards provides a more appealing pattern of development considering the context in which the development is proposed and the purpose of the particular standard. Unique site constraints can justify a deviation from the standards. Compliance with Section 26.412.070, Suggested design elements, is not required but may be used to justify a deviation from the standards. Staff Response: The proposed project involves the removal of a door and its replacement with a window, and additional minor cosmetic changes to the building. Therefore the standards found in Section 26.412.060 — public amenity space and utility, delivery and trash service provision, are found to be not-applicable. The suggested design elements,found in Section 26.412.070, signage and lighting, are also not-applicable. However, the display window criterion is applicable. The removal of the doorway and installation of a window will provide greater transparency into the commercial space, as well as the replacement of the doors on the E. Durant Ave. side of the building. Staff finds this criterion to be met. B. For proposed development converting an existing structure to commercial use, the proposed development meets the requirements of Section 26.412.060, Commercial design standards, to the greatest extent practical. Changes to the facade of the building may be required to comply with this Section. Staff Response: The proposed project does not involve the conversion of the existing structure 'to commercial use. The unit has a history of commercial use, and will continue to be used as such. Staff finds this criterion to be not-applicable. C. The application shall comply with the guidelines within the Commercial, Lodging and Historic District Objectives and Guidelines as determined by the appropriate Commission. The guidelines set forth design review criteria, standards and guidelines that are to be used in making determinations of appropriateness. The City shall determine when a proposal is in compliance with the criteria, standards and guidelines. Although these criteria, standards and guidelines are relatively comprehensive, there may be circumstances where alternative ways of meeting the intent of the policy objectives might be identified. In such a case, the City must determine that the intent of the guideline is still met, albeit through alternative means. Staff Response: This project is located in the Commercial Character Area of the, Lodging and Historic District Objectives and Guidelines. The proposed project is a 1 P21 minor remodel and not new development, therefore the majority of the guidelines do not apply to this project. Those that do apply are discussed in Exhibits B, C, and D following, and do meet the standards. Staff finds this criterion to be met. 2 P22 Exhibit B Conceptual Review Design Guidelines Commercial Character Area 1.1 Orient a primary entrance toward the street. • A building should have a clearly defined primary entrance. • Providing secondary public entrances to commercial spaces is also encouraged on larger buildings. Staff Response: This is an existing building, and the primary entrance for the commercial space is oriented towards E. Durant St. This application involves the removal of the secondary entrance, located along Hunter St. At just over 800 sq.ft., this commercial space is not overly large so as to require a secondary entrance, nor is it a requirement of the City's Building Dept. Stafffinds this criterion to bet met. 3 P23 Exhibit C Final Review Design Guidelines Commercial Character Area Key Design Objectives & Guidelines Commercial Character Area Design Objectives: These are key design objectives for the Commercial Area. The City must find that any new work will help to meet them: 2. Maintain a retail orientation. Greater retail presence should be achieved to ensure an enhanced street vitality and an enriched and more urban definition of the commercial street frontage. Staff Finding: The space will continue to be used commercially. The replacement of the doors with a window on the Hunter St.facade will provide a higher degree of transparency into the commercial space, and will further highlight the retail presence. The existing door on E. Durant Ave. will be replaced with a new double door with glazing to allow greater visibility into the retail space. Staff finds this criterion to be met. 3. Accommodate outdoor public spaces while establishing a clear definition to the street edge. Providing space in association with individual buildings remains important, but should be balanced with much greater building street presence and corner definition. Staff Finding: The area before the existing door on Hunter St. is a small raised concrete pad. The Applicant has indicated an interest in providing plants and benches in this area, and transforming it into a pocket park for public use. This will enhance the outdoor public space found in this area. Staff finds this criterion to be met. 4. Promote variety in the street level experience. Display cases, architectural details and landscaping are among the design elements that should be used. Staff Finding: The proposed design removes the existing doors with their frosted glass fronts and replaces them with a transparent window on Hunter St. The frosted glass doors will also be replaced on E. Durant Ave with transparent glass doors. These changes will help to increase the degree to which the pedestrian is able to view into the commercial space, thereby further strengthening the street level experience. The Applicant has plans to provide outdoor plants and benches within the area of the existing raised concrete pad, to serve as a pocket park for the public. Staff finds this criterion to be met. 4 P24 1.37 The first floor facade should be designed to concentrate interest on the first level, using the highest quality of design, detailing and materials. • A strong and distinctively designed retail framework for the first floor of the building • An entryway designed to use the full height of the storefront • A distinct change in the palette of materials used for the first floor design framework • The depth and strength of the modeling of elements and details Staff Response: There are minimal changes proposed with this application in relation to this criterion. The building has been designed with a strong and distinctive retail framework, and will continue to be used for retail use. The entryway doors found on E. Durant Ave. will be replaced with a transparent double door. No changes are being proposed within this application to the existing palette of materials used for the first floor design framework, as the brick veneer will continue on beneath the new window. The greater transparency created with the additional window will strengthen the pedestrian's view of the commercial space within. Staff finds this criterion to be met. 1.38 The retail entrance should be at sidewalk level. • All entrances shall be ADA compliant • On sloping sites the retail frontage should be as close to a level entrance as possible Staff Response: This proposal involves the removal of one retail entrance; however, the remaining entrance along E. Durant Ave. is at sidewalk level, at grade, and found to be ADA compliant. Staff finds this criterion to be met. 1.40 Window area along the first floor shall be a minimum of 60% of exterior street fagade area when facing a principal street(s). Staff Response: The subject unit has two street facing facades — E. Durant Ave and Hunter St. This one-story section of the building is composed almost entirely of glass windows. The replacement of the existing door with a window will increase the window area along the Hunter St.faVade. Staff finds this criterion to be met. 1.41 Where appropriate a building shall be designed to maintain the character and transparency of the traditional street level retail frontage. Staff Response: The proposed design will maintain the character and increase the transparency found at the traditional street level frontage through the replacement of the current door with a transparent window, as well as the replacement of the front doors with a transparent double door. Staff finds this criterion to be met. 5 P25 1.47 Building materials should have these features: • Convey the quality and range of materials seen traditionally • Reduce the perceived scale of the building and enhance visual interest of the facade • Convey a human scale Staff Response: The additional glass window at the proposed location is a material that is used traditionally throughout the character area. The first floor has been designed to draw interest into the space and is of a human scale. The greater transparency will bring enhanced visual interest into the commercial area. Staff finds this criterion to be met. 6 EXHIBIT- . AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE ADDRESS OF PROPERTY: (�/# E ,Aspen, CO SCHEDULED PUBLIC HEARING DATE: 2 ti 2013 STATE OF COLORADO ) ss. County of Pitkin ) I, (name,please print) being or repres nting 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) of the Aspen Land Use Code in the following manner: C/ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice. By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen(15) days prior to the public hearing and was continuously visible from the_day of , 20 , to and including the date and time of the public hearing. A photograph of the posted .notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred(300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hea&-ing. A copy of the uw,ners and governmental agencies so noticed is attached hereto. (Continued on next page) Rezoning or text amendment: Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. SignatLde The foregoing "Affidavit of Notice" was acknowledged before me this 1l. day of 200, by WITNESS MY HAND AND OFFICIAL SEAL PUBLIC NOTICE RE:614 E FINAL COMMERC ALL DESIGN REVIEW NOTICE IS HEREBY GIVEN that a public hearing My commission expires: will be held on Tuesday,July 2nd,2013 at a meet- ing to begin at 4:30 p.m.before the Aspen Plan-' lan- _ ning and Zoning Commission in the Sister Cities Meeting Room,City Hall,130 S.Galena St.,As- pen,to consider an application submitted by Ajax 7 LLC of 720 E Durant any legally described as City and Townsit the prop" As- Notary Public As- pen,Lots A-I,K-S Block 101,commonly known as 614 E.Durant Ave.,Aspen Square Subdivision, Unit 35,represented by Kim Raymond Architects, Inc.The applicant is requesting Commercial De- sign Review approval to remove the existing door dow. that faces Hunter Street and replace it with a win- For further information,contact Sara Nadolny at the City of Aspen Communityy Development Depart- men,, 130 S.Galena St.,Aspen,CO,(970) 429.27ra sare.nadnlny@°„y°rasp°".`,°m. ATTACHMENTS AS APPLICABLE: s/Li Erspamer,Chair Aspen Planning and Zoning Commission F, PUBLICATION m The he Aspen Times Weekly on June 13, 2013 40] iH OF THE POSTED NOTICE (SIGN) . in • LIST OF TIIE OWNERS AND GOVERNMENT AGENGIES NOTIED BY MAIL • APPLICANT CERTICICATION OF NUNERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE ADDRESS OF PROPERTY: (� 1 ' �J/i� vt` j Aspen, CO P SCHEDUff D PUBLIC HEARING DATE: 20113 STATE OF COLORADO ) County of Pitkin ) ss. I f1yt b (name, please print) being o� i�y���cuung A 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) of the Aspen Land Use Code in the following manner: i( Publication of notice: By the publication in the legal notice g section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days pr}}'or to public hearing. A copy of the publication is attached hereto. 4- Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen(15) days prior to the public hearing on the day of ti vi.e , 2013, to and including the date and time / of the public hearing. A photograph of the posted notice (sign) is attached hereto. X Mailing of notice. By the mailing of a notice obtained from the Community ((( Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAS or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district ma is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing "Affidavit of Notice"was acknowledged before me this n\ day of �� 20 , by ► �"11�<Y ,0 b r WITNESS MY HAND AND OFFICIAL SEAL My commission expires: N Sm� o A c3�.e8 0 Of Coto�s �z° No n Expiros 02 ATTACHMENTS AS APPLICABLE: COPY OF THE PUBLICATION ®PHOTOGRAPH OF THE POSTED NOTICE(SIGN) ® LIST OF THE OWNERSAND GOVERNMENTAL AGENCIES NOTICED BYMAIL ® APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BYC.R.S. §24-65.5-103.3 Performance Ski July 2 Zoning Review Several months in advance of submitting the variance application, The Owners' Representatives met with the Aspen Square HOA. The board gave us unanimous approval to pursue the variance and have the existing Hunter Street door removed. The majority of the over 300 neighbors contacted in the mailing are property owners in Aspen Square. On the date of posting the public notice in the window on-site, several copies of the same notice letter as mailed to neighbors were provided to hand out to interested parties who might ask for details. A color rendering of the proposed changes was also posted at the door location at which the change is requested. Casual meetings with neighbors and visitors alike resulted in community support for a few nice seats to eat their lunch or relax in the semi-shaded area with their dogs. Most people felt that leaving the door in place, but not making it usable would be a detriment to the utility of the building. 7 �n a c- y ite tis � � fzY y. 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ASPEN,CO 81612 AS DALY NOAH THOMAS IRREVOCABLE DALY THOMAS J&JUDITH J DAY ARTHUR S 3007 BAY SHORE RD TRUST 1590 HOMESTAKE DR SARASOTA,FL 34234 249 HEATHER LN ASPEN,CO 81611 ASPEN,CO 81611 DILLINGHAM DALE&MICHELINI DIBRELL CHARLES G JR&FRANCES GABRIELLA DAYPART LLC 24 ADLER CIR PO BOX 2061 129 WYSTERIA DR GALVESTON,TX 77551-5828 ASPEN,CO 81612 LONGWOOD, FL 32779 DURANT AH LLC DILLON ROBERT JAY 111 TRUST DK LLC PO BOX 4068 207 EAKIN ST SW ASPEN, CO 81612 649 LOCUST ST BLACKSBURG,VA 24060 WINNETKA, IL 60093 DURANT MALL PROP LLC DURWARD QUENTIN J TRUST EAST DURANT LLC 323 N PACIFIC COAST HWY 39 MOUNTAIN LAUREL DR 702 E SAWGRASS TR SOLANA BEACH,CA 920751130 720 E DURANT ST DAKOTA DUNES,SD 57049 ASPEN,CO 81611 ELLERON CHEMICALS CORP ERGAS VENESSA BLAIR&CLAUDE ECCHYMOSIS LLC PO BOX 4316 4802 E 2ND ST#2 2101 WAUKEG N, RD#210 ASPEN,CO 81612 LONG BEACH,CA 90803 BANNOCKBURN, IL 60015 ESPOSITO VINCENT A&JANET M EW PROPERTIES LLC FARVER JOAN LIVING TRUST C/O AEROCAPE LIMITED 617 FRANKLIN PL#200 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B&CAROL S RUBY RICHARD L TRUST 57 OLDFIELD DR 30150 TELEGRAPH RD RUTHERFORD GROUP STE 300 SHERBORN, MA 01770 GINGHAM FARMS, MI STE 5514 CALUMET AVE LA JOLLA, CA 92037 RUTLEDGE REYNIE S&S REALTY PARTNERS LLC SABLE LTD 51 COUNTRY CLUB CIR 1040 FIFTH AVE#2C SEARCY,AR 72143 CIO HARRIS G WALTER NEW YORK, NY 10028 PO BOX 11005 ASPEN, CO 81612 SALTON PROPERTY LLC SANDIFER C W JR TRUST 50% 221 VALLEY RD 240 LINDEN DR SANDIFER DICKSIE L TRUST 50% ITHACA, NY 14850-6152 BOULDER, CO 80304 240 LINDEN DR BOULDER, CO 80304 SARGENT ELIZABETH EVEN SANITY ST PO BOX 25635 332 WES EVEN DR N SCHEUERMAN JOANNE E MIAMI, FL 33102 200 LOCUST ST#23A GOLDEN VALLEY,MN 55422 PHILADELPHIA, PA 19106 SCHNITZER KENNETH L&LISA L SCHROEDER FAMILY TRUST 2100 MCKINNEY AVE#1760 4 GREENWOOD CT SCHULTZE DANIEL G DALLAS,TX 75201 ORINDA, CA 94563 404 S GALENA ST#210 ASPEN, CO 81611 SEAY GERALD R SEGUIN JEFF W&MADALYN B TRUST 320 TANGIER AVE 617 E COOPER#412 SEGUIN MARY E TRUST PALM BEACH, FL 334803518 ASPEN, CO 81611 2404 LORING ST#155 SAN DIEGO, CA 92109 SEGUIN MICHAEL SHAPIRO EUGENE B&MARLENE R 793 CEMTERY LN 6301 E NAUMANN D 3-E SHERWIN GREG R ASPEN,CO 81611 PARADISE VALLEY, R 85253 2907 SHADOW CREEK DRIVE#104 BOULDER, CO 80303 SHIFRIN GEORGE SHUMATE MARK PO BOX 3434 BLDG 421 G ABC SILVER DIP EQUITY VENTURE LLC BASALT, CO 81621 ASPEN, CO 81611 2100 MCKINNEY STE 1760 DALLAS,TX 75201 BARBATA ELENA ANDERSON 1/3 BAKER HUGH LEE JR 500% CIO CHARLES SKIPSEY BAISCH BARBARA D 555 E DURANT AVE STE 2K PO BOX 2045 PO BOX 2127 ASPEN,CO 81611 RANCHO SANTE FE,CA 92067 LA JOLLA,CA 92038 WEIDEL LAWRENCE W WEIGAND BROTHERS LLC WEIGAND JONATHAN RYAN TRUST 25% PO BOX 1007 150 N MARKET C/O SHERRY MOORE TRUSTEE MONROE,GA 30655 WICHITA, KS 67202 150 N MARKET ST WICHITA,KS 67202 WEIGAND MICHAEL C TRUSTEE 50% C/O JP WEIGAND&SONS WEIGAND N R JR&M C LEONARD L EtNGLASS 150 N MARKET 150 N MARKET W W BOX 1SS L WICHITA, KS 67202 WICHITA, KS 67202 ASPEN, 11 CO 81612 WEISS KATHY REV TRUST WELLS RICHARD A&SUSAN T TRUST 1609 COUNTY ROAD 112 100 N TRYON ST 47TH FLR WELLS RICHARD AARON CARBONDALE, CO 81623 CHARLOTTE, NC 28202 220 W ASPEN,, CO CO 81611 1 WELSCH SUSAN FLEET TRUST WEST ULLA CHRISTINA 101 N SPRING ST#201 3042 TOLKIEN LN WF SWEARINGEN LLC ASPEN, CO 81611 LAKE OSWEGO, OR 97034 380 FOREST HILL RD MACON, GA 31210 WHITMAN WAYNE&FRAN UND 1/2 INT WILLIAMS CRAIG&LEE FAM PTNRSHP WILSON JOSEPH B UND 50% INT PO BOX 457 5577 CEDAR CREEK CLEARWATER, FL 33757-0457 HOUSTON,TX 77056 A MOUNTAIN LAUREL DR ASPEN,CO 81611 WINE RICHARD A TRUST WISE JOSEPH 2233 MYRTLE POINT WAY 1320 HODGES ST WOLF LAWRENCE G TRUSTEE 22750 HENDERSON, NV 89052-7153 RALEIGH, NC 27604-1414 FERN ALE,MI 82 AVE#204 FERNDALE,MI 48220 WORCHESIK JILL 25% WORCHESIK SHANNON 25% 202 4TH ST 202 4TH ST YERAMIAN CHARLES REV TRUST CROSBY,TX 77532 CROSBY,TX 77532 PO BOX 12347 ASPEN, CO 81612 ZEFF DANIEL C/O NORTH OF NELL ZEFF ELEANOR E&ROBERT H 555 E DURANT AVE STE 4K 555 E DURANT AVE#4C ASPEN,CO 81611 ASPEN, CO 81611 BARDSLEY DAVID BARGE RENE TRUST BARBATA LAURA ANDERSON 1/3 PO BOX 4153 408 31ST ST 2040 FRANKLIN ST#507 ASPEN, CO 81612 NEWPORT BEACH,CA 92663 SAN FRANSISCO, CA 94109 BATTLE GERALD LIVING TRUST BARROW MICHAEL E TRST BASTIL DEAN D HIXON BURT LIVING TRUST PO BOX 9199 4460 CHEROKEE DR PO BOX 2847 NORTH LITTLE ROCK,AR 72119 BROOKFIELD,WI 53045 NEWPORT BEACH,CA 92659 BECKER EQUITIES LLC BECKER ERNEST&KATHLEEN TRUST BECKER ASPEN 4A LLC 8090 S DURANGO DR#115 8090 S DURANGO DR#115 555 E DURANT LAS VEGAS,NV 89113 LAS VEGAS,NV 89113 ASPEN,CO 81611 BELL MOUNTAIN QUALIFIED BELL NORMAN D BELL 26 LLC RESIDENCES 215 E 79TH ST#4E 125 W CENTRAL AVE#218 CONDO ASSOCIATION LLC NEW YORK,NY 10075 BENTONVILLE,AR 72712 320 S SPRING ST ASPEN, CO 81611 ° BERSCH ELLEN TRUST 50°1° BICKERS EVERETT E BERSCH BLANCHE TRUST 50% 9642 YOAKUM DR 6031 GEORGETOWN GREENVILLE RD 9642 YOAKUM DR BEVERLY HILLS,CA 90210 GREENVILLE,IN 471249622 BEVERLY HILLS, CA 90210 BLACK HAWK ASPEN LLC BLOCK 106 ASSOCIATES BISCHOFF JOHN C ROECLIFFE COTTAGE JOE MOORES LN 1000 DOLORES WAY#B 502 S VIA GOLONDRINA WOODHOUSE EAVES CARBONDALE,CO 81623 TUCSON,AZ 85716-5843 LEICESTERSHIRE LE12 8TF ENGLAND, BOOGIES BUILDING OF ASPEN LLC BORGIOTTI CLAUDIO BONCZEK ROBERT R C/O LEONARD WEINGLASS 10509 HUNTING CREST LN PO BOX 2896 534 E COOPER AVE VIENNA,VA 22192 CHAPEL HILL, NC 275152896 ASPEN, CO 81611 BOUTON REV TRUST BRADEN PAMELA J TRUST BOURQUARD RICHARD E 1170 SACRAMENTO ST#11A 80 M ST SE#600 10859 WINTERSONG WAY WASHINGTON, DC 20003 HIGHLANDS RANCH,CO 80126 SAN FRANCISCO, CA 941081967 BRADLEY EDWARD JR BRONSON BONNIE LTRUST 50% BRONSON RICHARD LTRUST 50% C/O IMAC INC 4510 NE DELAMAR PL 4510 NE DELAMAR PL LEES SUMMIT,MO 64064 263 BOTH ST LEES SUMMIT,MO 64064 BROOKLYN,NY 11209 PUBLIC NOTICE RE: 614 a Durant final commercial design review NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, July 2°d,2013 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission in the Sister Cities Meeting Room, City Hall, 130 S. Galena St.,Aspen, to consider an application submitted by Ajax Holdings, LLC of 720 E. Durant Ave, for the property legally described as City and Townsite of Aspen, Lots A-I, K-S Block 101, commonly known as 614 E. Durant Ave.,Aspen Square Subdivision, Unit 35, represented by Kim Raymond Architects, Inc. The applicant is requesting Commercial Design Review approval to remove the existing door that faces Hunter Street and replace it with a window. For further information, contact Sara Nadolny at the City of Aspen Community Development Department, 130 S. Galena St.,Aspen, CO, (970)429.2739, sara.nadoiny @cityofaspen.com. s/LJ Erspamer, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on June 13di,2013, City of Aspen Account _ l f �'e F3 3 1 S f UJDL 1 k/ EXISTING BATHROOM BEYOND EXISTING TRASH AREA DOOR EXISTING WINDOW EXISTING BEAMS AND COLUMNS TO REMAIN TO BE REMOVED WITH EXISTING NEW BRICK TO MATCH EXISTING P STUCCO PANEL --- EXTENDED HUNTER ST SIDEWALK c TJ C 1 E ._______—_— ___—_._.__ EXISTING INTERIOR STAIRS AND LANDING TO BE OVERFRAMED E ERFORMANCE ELEVATION proposed ' x ,xa ,LE: 3/32" = 1'-0" .,�- ,f _ EXISTING DOOR EXISTING DOOR z NEW BRICK TO MATCH EXISTING ITYP I NOTE.EXISTING WINDOW WIDTHS VARY PRIMARY ENTRANCE EXISTING COLUMNS AND BEAMS TO REMAIN - _--, ' ' ' O Z U Q � w DURANTAYESIDEWALK ^lS.� !'�I CIO O O Q LL CONCRETE PUTFORM -_-_._ 1 'j W Z UNTER EXTERIOR ELEVATION proposed �._ A o �. U LE: 3/32" = 1'-0" - PROPOSED NEW PARK 7/1/13 NEW PRIMARY ENTRANCE DOOR RECONFIGURED SKI SHOP ENTRANCE WITH BRICK BELOW TO MATCH EXISTING roy l' HINTER ST SIDEWALK -N EXTERIOR DURANT EXTERIOR ELEVATION proposed � u �, DOORS - SCALE: 3/32" = 1'-0" rt'. PRIMARY ENTRANCE SKI SHOP DOOR 33 • P26 MEMORANDUM TO: City of Aspen Planning and Zoning Commission THRu: Jennifer Phelan, Community Development Deputy Director FROM: Justin Barker, Planner RE: 815 Vine Street — Establishment of Certificate of Affordable Housing Credit, Public Hearing DATE: July 2, 2013 APPLICANT/OWNER: 815 Vine Street, LLC REPRESENTATIVE• Stan Clauson Associates, Inc. �y< *� LOCATION: 815 Vine Street, Hunter Creek Condominium Unit#815 CURRENT ZONING: 1,`, �„ ,<:,� �'4W IP, Z RMFA, Residential Multi-family-A " ti1' 1i1 J *_" 1 SUMMARY: The Applicant proposes to Locator Map l deed-restrict the subject unit and is requesting approval to establish a " x Certificate of Affordable Housing for 3.0 FTE. STAFF RECOMMENDATION: Ya Staff recommends the Planning and Zoning Commission approve the establishment of a Certificate of Affordable Housing Credit. 800 Building 1 P27 LAND USE REQUEST AND REVIEW PROCEDURE: Applicant is requesting the following land use approvals from the Planning and Zoning Commission: • Establishment of Certificate of Affordable Housing Credit — An application for issuance of Certificates of Affordable Housing Credit, pursuant to Section 26.540.040, Authority, requires the Planning and Zoning Commission, at a public hearing, to approve, approve with conditions, or deny an application for the establishment of a Certificate of Affordable Housing Credit. The Planning and Zoning Commission is the final decision- making body. PROJECT SUMMARY: The Hunter Creek Condominiums were originally built in the early 1980s. The complex consists of 13 condominium buildings, built in three phases. In 1989, the entire complex was annexed into the City and zoned as Residential Multi-family-A (R/MFA). Unit #815 is located in the 800 building of the Hunter Creek Condominiums, Phase II. It is a free-market, three bedroom unit on the ground level. The recorded Condominium Map shows the unit at approximately 953 square feet net livable area. According to the Pitkin County Assessor, the unit contains 1,097 square feet of heated area. The applicant is proposing to deed-restrict the existing unit and requests approval to establish a Certificate of Affordable Housing Credit equal to the 3.00 Full Time Equivalents (FTEs) that could be housed as a result of the deed-restriction. The unit will then be sold through the APCHA lottery system at a Category 4 income level. STAFF EVALUATION: The two main purposes of Affordable Housing Credits are to encourage the development of affordable housing, and to establish an option for housing mitigation that immediately offsets the impacts of development. By deed-restricting an existing unit, the applicant is immediately creating an affordable housing unit and a Certificate of Affordable Housing Credit allows for an immediate mitigation option for development. The deed-restriction of this unit is not required for the mitigation of another development. APCHA has preliminarily reviewed the unit and stated that it complies with the requirements for a deed-restricted Category 4 unit at 3.00 FTEs, even though the square footage is less than the minimum net livable area for a Category 4, three bedroom unit (1,200 square feet), according to the APCHA Guidelines. Reductions in the allowable net livable minimum may be permitted, according to APCHA, when the following conditions are present: • Significant storage—additional storage outside the unit; • Above average natural light—more windows than the Code requires; • Efficient and flexible layout—limit to space used for halls and staircases; • Site amenities—pool, near to park or open space, etc.; • Location within the project—above ground versus ground level or below ground; • If the applicant can achieve higher density of deed restricted units with this variance. 2 P28 The letter approving the unit is included as Exhibit B and "Attachment 7" of the application. STAFF RECOMMENDATION: Staff recommends the Planning and Zoning Commission approve the establishment of a Certificate of Affordable Housing Credit for 3.00 FTEs at a Category 4 income level. RECOMMENDED MOTION(ALL MOTIONS ARE IN THE AFFIRMATIVE): "I move to approve Resolution No. , Series of 2013, approving the establishment of a Certificate of Affordable Housing Credit for the deed-restriction of Unit #815 of the Hunter Creek Condominiums." EXHIBITS: A. Review Criteria— Certificates of Affordable Housing Credit B. APCHA referral C. Application 3 P29 RESOLUTION NO. _ (SERIES OF 2013) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING THE ESTABLISHMENT OF A CERTIFICATE OF AFFORDABLE HOUSING CREDITS FOR THE PROPERTY LEGALLY DESCRIBED AS CONDOMINIUM UNIT 815, BUILDING 800, HUNTER CREEK CONDOMINIUMS, PHASE II ACCORDING TO THE CONDOMINIUM MAP THEREOF RECORDED ON FEBRUARY 2, 1982 IN PLAT BOOK 12 AT PAGE 71, AND AS DEFINED AND DESCRIBED BY THE CONDOMINIUM DECLARATION RECORDED IN BOOK 420 AT PAGE 714 AND AMENDMENT THERETO RECORDED NOVEMBER 23, 1983, IN BOOK 456 AT PAGE 273 AND SECOND AMENDMENT THERETO RECORDED MARCH 29, 1984 IN BOOK 463 AT PAGE 758, AND THIRD AMENDMENT THERETO RECORDED JULY 26, 1984 IN BOOK 470 AT PAGE 738, CITY OF ASPEN, PITKIN COUNTY, COLORADO AND COMMONLY DESCRIBED AS 815 VINE STREET. PARCEL ID: 2737-07-366-074 WHEREAS,the Community Development Department received an application from 815 Vine Street, LLC, c/o Andrew V. Hecht, represented by Stan Clauson Associates, Inc. requesting approval to establish a Certificate of Affordable Housing Credit; and, WHEREAS,the property is located at 815 Vine Street and is currently zoned Residential Multi- family-A (RMFA); and, WHEREAS,pursuant to Section 26.540.040, Authority, the Aspen Planning and Zoning Commission may approve, approve with conditions, or deny an application for the establishment of a Certificate of Affordable Housing Credit; and, WHEREAS, upon review of the application and the applicable Land Use Code standards, the Community Development Department recommends approval for the establishment of a Certificate of Affordable Housing Credit; 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, has reviewed and considered the recommendation the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, during a duly noticed public hearing on July 2, 2013, the Aspen Planning and Zoning Commission approved Resolution No. _, Series of 2013, by a _ to _ vote, approving the establishment of a Certificate of Affordable Housing Credit; and, WHEREAS,the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. 815 Vine Resolution No. _, Series of 2013 Page 1 of 2 P30 NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Certificates of Affordable Housing Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves establishment of a Certificate of Affordable Housing Credit for 3.00 FTEs, at a Category 4 income level, such certificate to be granted by the Community Development Department, pursuant to Section 26.540.040 and according to Section 26.540.080, subsequent to filing of an approved, executed and recorded deed-restriction in compliance with APCHA Guidelines. Section 2: Severability If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 3: Existing Litigation This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: Approvals All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 2nd day of July, 2013. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: Debbie Quinn,Assistant City Attorney LJ Erspamer, Chair ATTEST: Jackie Lothian, Deputy City Clerk 815 Vine Resolution No. , Series of 2013 Page 2 of 2 P31 EXHIBIT A 26.540.070 Review criteria for establishing an affordable housing credit An Affordable Housing Credit may be established by the Planning and Zoning Commission if all of the following criteria are met. The proposed units do not need to be constructed prior to this review. A. The proposed affordable housing unit(s) comply with the review standards of Section 26.470.070.4(a-d). Staff Finding: The proposed unit complies with all review standards of Section 26.470.070.4(a- d). See number 4 below. Stafffinds this criterion to be met. B. The affordable housing unit(s) are not an obligation of a Development Order and are not otherwise required by this Title to mitigate the impacts of development. Staff Finding: The applicant is requesting to create a Certificate for 3.0 FTEs that could be housed by the unit. It is a voluntary deed-restriction for the unit that is not required to mitigate any development. Stafffinds this criterion to be met. 4. Affordable housing. The development of affordable housing deed-restricted in accordance with the Aspen/Pitkin County Housing Authority Guidelines shall be approved, approved with conditions or denied by the Planning and Zoning Commission based on the following criteria: a. The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing Authority. A recommendation from the Aspen/Pitkin County Housing Authority shall be required for this standard. The Aspen/Pitkin County Housing Authority may choose to hold a public hearing with the Board of Directors. Staff Finding: APCHA has reviewed the unit and stated that it meets off-site affordable housing mitigation requirements and the unit will satisfy the requirement of 3.0 FTEs. Stafffinds this criterion to be met. b. Affordable housing required for mitigation purposes shall be in the form of actual newly built units or buy-down units. Off-site units shall be provided within the City limits. Units outside the City limits may be accepted as mitigation by the City Council, pursuant to Paragraph 26.470.090.2. If the mitigation requirement is less than one (1) full unit, a cash-in-lieu payment may be accepted by the Planning and Zoning Commission upon a recommendation from the Aspen/Pitkin County Housing Authority. If the mitigation requirement is one (1) or more units, a cash-in-lieu payment shall require City Council approval, pursuant to Paragraph 26.470.090.3. A Certificate of Affordable Housing Credit may be used to satisfy mitigation requirements by approval of the Community Development Department Director, pursuant to Section 26.540.080 Extinguishment of the Certificate. Required affordable housing may be provided through a mix of these methods. P32 Staff Finding: The proposed unit is located within the City limits. The applicant would like to use a portion (2.7 FTEs) of the created Certificate to satisfy employee mitigation requirements for another project, located at 625 Hyman, Lot 2 AAM. This is an approved method of mitigation per Ordinance No. 16, Series of 2010. Staff finds this criterion to be met. c. Each unit provided shall be designed such that the finished floor level of fifty percent (50%) or more of the unit's net livable area is at or above natural or finished grade, whichever is higher. This dimensional requirement may be varied through Special Review, Pursuant to Chapter 26.430. Staff Finding: The unit is located on the ground level and the finished floor level of the entire unit is at or above natural and finished grade. Staff finds this criterion to be met. d. The proposed units shall be deed-restricted as "for sale" units and transferred to qualified purchasers according to the Aspen/Pitkin County Housing Authority Guidelines. The owner may be entitled to select the first purchasers, subject to the aforementioned qualifications, with approval from the Aspen/Pitkin County Housing Authority. The deed restriction shall authorize the Aspen/Pitkin County Housing Authority or the City to own the unit and rent it to qualified renters as defined in the Affordable Housing Guidelines established by the Aspen/Pitkin County Housing Authority, as amended. The proposed units may be rental units, including but not limited to rental units owned by an employer or nonprofit organization, if a legal instrument in a form acceptable to the City Attorney ensures permanent affordability of the units. The City encourages affordable housing units required for lodge development to be rental units associated with the lodge operation and contributing to the long-term viability of the lodge. Units owned by the Aspen/Pitkin County Housing Authority, the City of Aspen, Pitkin County or other similar governmental or quasi-municipal agency shall not be subject to this mandatory "for sale" provision. Staff Finding: The unit will be deed-restricted as a Category 4 for-sale unit. The unit will be sold by APCHA in the lottery system. Staff finds this criterion to be met. P33 Attachment 7 � ,pttkin AspeRINItcin County dousing Authority r" 530 E.Main 5t.,tower Loyd A CO 81611 970.920.5050 Fox,970.924.5560 0 �'` tiu�vtv.nspeYtlYnusingnircc,cnm Minch 26,2013 Mr. Lex Tantlnianz Pyramid Property Advisors,LLC 418 E.Cooper Avenue,Suite 207 Aspen,CO 8161.1 ICE: 81S Vine Street,Hunter Crcck Conclomitrii ns Dear Lox;: Per our discussion on March 15, 2013, the AsPeWT.itkin County Housing Authority (APCM-1A) and the City of Aspen Community Development Department (C:ity) are providing this letter atttlimizing that 815 Vine Street, a three-bedroom condominium (C(7NDOMMUM UNIT 815, BUILDING 800, HUNTER CRIal 1C CONDOMINIUMS, PHASE 11, according to [lie Condominium. Map thereof recorded F'ebmary 2, 1982 in Plat Book 12 at Page 71, tend Supplements thereto, and acoording to the Condominium Declaration recorded February 2, 1982 in Book 420 fit Page 714, and amended by his(ruments recorded November 23, 1983 In Book 456 at Page 273, recorded March 29 1984 in Book 463 at Inge 758, and recorded July 26, 1984 in Book 470 at Page 738, County of Pitkin, State of Colorado), tweets ofd site afrordable Housing mitigation requirements. APCHA and the City understand that this property will be purchased in the'fr+ee market and will be converted to a deed restricted Category 4 unit. Tile unit will be sold by APCHA in the lottery system. This transaction will satisfy the off-site requirement of 3,00 full-time employees (FTB's). The applicant may ttse this transaction to satisfy a portion of their Employee Housing Mitigation requirements for the development at 625 Hyman, Lot 2 of the AAM Subdivision, as permitted to Ordinance No. 16(Series of 2010), Once APCHA records the decd restriction oil the unit, the City will provide a letter stating that the off-.;rite mitigation requirement has been satisfied.. Thank you, t r _ -Jim Pomeroy Cindy L. C ri. ensen City of,Aspen Asperi/Pitkiptounty housing Authority 130 S.Galena St., Aspen, CO 81611 530 E. Main Street,Aspen,CO 81611 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: V J(r tz �� S�f- Aspen, CO SEDULED PUBLIC HEARING DATE- 2 20L3 STATE OF COLORADO ) ss. County of Pitkin ) 1, (name, please print) being or represe ing an Applicant to the Ci of Aspen, Colorado, hereby personally certify that r have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: L/ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice.- By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of lefters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the day of 20 to and including the date and time of the public hearing. A photograph of the posted .notice sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the om,ners and governmental agencies so noticed is attached hereto. (Continued on next page) Rezoning or text amendment: Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and an a �i rate survey mapdor other regulation, or otherwise, the requirement sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However,the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing"Affidavit of Notice" was acknowledged before me this L,4 day 206, by PUBLIC NOTICE RE:815 VINE STREET-ESTABLISHMENT OF CERTIFICATE OF AFFORDABLE WITNESS MY HAND AND OFFICIAL SEAL HOUSING CREDIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday,July 2,at a meeting to be- gin at 4:30 p.m.before the Aspen Planning and Zoning Commission,Sister Cities Meeting Room, My commission expires: T City Hall,130 S.Galena St.,Aspen,to consider an application submitted by the 815 Vine Street,LLC, c/o Andrew V.Hecht,Esq.,601 E.Hyman Ave. Aspen,CO 81611,for the property located at 815 Vine Street,Hunter Creek Condominium Unit#815, represented by Stan Clauson Associates,Inc.The applicant is is proposing to deed-restrict the unit as a Notary Public Category 4 for sale-unit and is requesting approval to establish a Certificate of Affordable Housing Credit for 3.0 FTEs. The property is legally de- scribed as:Condominium Unit 815,Building 800, Hunter Creek Condominiums,Phase II according to the Condominium Map thereof recorded on Feb- ruary 2,1982 in Plat Book 12 at Page 71,and as defined and described by the Condominium Dec- laration recorded in Book 420 at Page 714 and Amendment thereto erecorded November 23,1983, in Book 456 thereto recorded March 29tl 984 Second n Book 463 at T��, APPLICABLE: Page 758,and Third Amendment thereto recorded�TTACi7 MNTS AS APPLICABLE: July 26,1984 in Book 470 at Page 738;Parcel ID #2737-07-366-074. For further information,con-T I!'�A TIO�T tact Justin Barker at the City of Aspen Community 11 CA 1 Development Department,130 Galena St.,As-ITH POSTED NOTICE (SIGN) pen,CO,(970)429.2797, sti tin.barkerHcityo- r, faspen.om. ERS AND GOVERNMENT AGENGIES NOTIED 9/LJ Erspemer,Chair Aspen Planning and Zoning Commission Publish in The Aspen Times Weekly on June 13, 2013. [9264067] .CICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE ADDRESS OF PROPERTY: 815 Vine St Aspen, CO SCHEDULED PUBLIC HEARING DATE: 2 July 2013 STATE OF COLORADO ) ss. County of Pitkin ) I, Stan Clauson being or representing an Applicant to the City of Aspen, Colorado, he ebylppersonally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: X Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. X Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen(15) days prior to the public hearing on the 14 day of June , 20 13 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. X Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) X Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty(30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. r� Signature The foregoing"Affidavit of Notice"was acknowledged before me this 18 day of S.� K.� , 201 -5, by Sac K C(.,.v sd h PATRICK S. RA RAW WLE WITNESS MY HAND AND OFFICIAL SEAL �' NOTARY PUBLIC STATE OF COLORADO My commission expires: NOTARY ID#19994012259 My Commission Expires July 26,2016 - Notary Public ATTACHMENTS AS APPLICABLE: • COPYOF THEPUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE(SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 i STAN CLAUSON ASSOCIATES INC landscape architecture. planning, resort design 412 North Mill Street Aspen, Colorado 81611 t-970/925-2323 f info @scaplanning.com www.scaplanning.com 970/9201628 18 June 2013 Justin Barker, Planner City of Aspen Community Development Department 130 S. Galena Street, 3rd Floor Aspen, CO 81611 Re: 815 Vine Street / Research of Mineral Estate Owners Dear Justin: On behalf of our clients, 815 Vine Street, LLC, and in connection with the application for Affordable Housing Credits for the property located at 815 Vine Street, we have performed the public notice requirements as required by Sec. 26.304.060(E) of the City of Aspen Land Use Code. Among the requirements contained in Sec. 26.304.060(E) is the requirement to notify affected mineral estate owners by certified mailing at least thirty (30) days prior to the date of the public hearing. Stan Clauson Associates, Inc. has researched the existence of mining claim or possession deeds dating to the late 19th century with the Pitkin County Clerk and Recorder's records (the Public Records") using the Title Policy issued by Westcor Land Title Insurance Company Title Commitment PCT 23722W2 dated 21 March 2013. An exception was located United States Patent dated 24 December 1902 to John R. Williams. No information c can a located on his successors. can be This letter is submitted to you to confirm our good-faith attempts to locate a list of mineral estate owners. Please call me with any questions. l y y Signed before me this 18th day of June, 2013 by Stan Clauson. Stan Clauson, AICP, ASLA WITNESS MY HAND AND OFFICIAL SEAL .z STAN CLAUSON ASSOCIATES, INC. MY COMMISSION EXPIRES: f. I C ir— S l� �4-mac,. c l Notary Public Notary Public's Signature PATRICK S. RAWL.Ey NOTARY PUBLIC STATE OF COLORADO NOTARY ID#19994012259 MY Conmmisslon Expires July 26,2016 PUBLIC NOTICE RE: 815 VINE STREET—ESTABLISHMENT OF CERTIFICATE OF AFFORDABLE HOUSING CREDIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, July 2, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by the 815 Vine Street, LLC, c/o Andrew V. Hecht, Esq., 601 E. Hyman Ave. Aspen, CO 81611, for the property located at 815 Vine Street, Hunter Creek Condominium Unit #815, represented by Stan Clauson Associates, Inc. The applicant is proposing to deed-restrict the unit as a Category 4 for sale-unit and is requesting approval to establish a Certificate of Affordable Housing Credit for 3.0 FTEs. The property is legally described as: Condominium Unit 815, Building 800, Hunter Creek Condominiums, Phase II according to the Condominium Map thereof recorded on February 2, 1982 in Plat Book 12 at Page 71, and as defined and described by the Condominium Declaration recorded in Book 420 at Page 714 and Amendment thereto recorded November 23, 1983, in Book 456 at Page 273 and Second Amendment thereto recorded March 29, 1984 in Book 463 at Page 758, and Third Amendment thereto recorded July 26, 1984 in Book 470 at Page 738; Parcel ID #2737-07-366-074. For further information, contact Justin Barker at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2797, justin.barker@cityofaspen.com. s/LJ Erspamer,Chair Aspen Planning and Zoning Commission Published in the Aspen Times on June 13,2013 -------------------------------- ______ City of Aspen Account M � k A ' e lop low 3 i�9r! y a ! 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ASPEN,CO 81611 MORROW HEATHER E MULTIN STEVEN J REVOCABLE TRUST 821 VINE ST NO 1 COLORADO MURTAGH TERESA E TRUSTEE ASPEN,CO 81611 PO BOX 10509 PO BOX 10304 ASPEN,CO 81612 ASPEN,CO 81612 MUSSO PAMELA LYONS MUSSO RICHARD L NEWELL GEORGE NIX ROBERT F 319 LOCUST ST PO BOX 2179 323 VINE ST DENVER,CO 80220 BOULDER,CO 80306 ASPEN,CO 81611 NUGENT KATHRYN M LIVING TRUST NYE KAREN M OBR WARREN 501 VIA CASITAS APT 106 PO BOX 4332 5 RUE PORTE DE FOURQUEUX GREENBRAE,CA 94904 ASPEN,CO 81612 78112 FOURQUEUX FRANCE, ODELBERG JEANETTE OHAGAN KEVIN M&KATHRYN G OLIVER DAMON 637 VINE ST 6225 WAKEFALLS DR ASPEN,CO 81611 WAKE FOREST,NC 27587-6261 PO BOX 10916 ASPEN,Co 81 81612 OLSON FAMILY TRUST ONSGARD BRAD 198 S OAKMORE ST 626 VINE T PARIS JOHN H S TULARE,CA 93274 ASPEN, S 81611 2222 SANTA MONICA BLVD#301 SANTA MONICA,CA 90404-2307 I PARKERJAMES PO BOX 8766 PARKER STEPHEN&WYCOFF ANN PAULSON WILLIAM T ASPEN,CO 81612 190 DEL MAR SHORES TERRACE#83 1043 VINE ST SALONA BEACH,CA 92075 ASPEN,CO 816113271 PECK 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240 E 76TH ST #15M 295 WESTWOOD AVE#3 ROSENFfELD AAITA NEW YORK,NY 10021 250 RAINTRAIL RD LONG BRANCH,NJ 07740 SEDONA,AZ 86351 i ROSIN RICHARD&DRITA ROSKIEWICZ MICHAEL&ANDREA ROTHCHILD JOHN H TRUST 50% PO BOX 2416 538 VINE ST ROTHCHILD SUSAN BERNS TRST 50% BIRMINGHAM,MI 48012 ASPEN,CO 81611 5 ISLAND AVE#111 MIAMI BEACH,FL 331391327 Ittlquettes faclles A paler f A Rephez 8 la hachure afln do 1 Utillsez le gabarit AVERY@ 51600 ' Sens de rev�fer la rebord Pn u rM S110i 13 www.avery.com j chargement P p j 1-800-GO-AVERY Easy PeelO Labels ' Use Avery*Template 61601 Feed Pa Paper ® Bend along line to j p expose Pop-up Edgem j AVERY®s160e ROUSE SUE TOP FLAT 29 MARLOES RD RYAN KYM&PAT SANDERS RICHARD ALLEN LONDON 624 VINE ST 2041 BROOK HIGHLAND RIDGE UNITED KINGDOM W86LG, ASPEN,CO 81611 BIRMINGHAM,AL 35242 SARNO JOHN J JR 2001 REV TRUST SBARBARO JAMES A 6 EUSTIS ST 20 NONA BROOKS CT UNIT H SCHNEIDER SID STONEHAM,MA 02180 PUEBLO,CO 81005 40 SUNSET DR #10A BASALT,CO 81621 SEHNAL JENNIFER H 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627 VINE ST ASPEN,CO 816113267 STINES STOWMAN L 11 STITT KENDRA LEIGH iRREV TRUST 622 VINE ST 1450 SILVER KING DR STRICKLAND W SCOTT ASPEN,CO 81611 ASPEN,CO 81611 PO BOX 2526 ASPEN,CO 81612 ttiquettes faciles A peter Utilisez le gabarit AVERYO$1600 i Sens de Rephez h la hachure afin de r0 j fz www.avery.com chargement rw6ler le rebord Pop upTM` 1-800-GO-AVERT( 1 Easy Peel®Labels Use Avery®'Template 5160® f feed Paper v Bend along Ilne to i ® i A p expose Pop-up Edge- 1 � AVERY® 51600 ; wt SZORADI STEPHEN TALARICO MEGAN M 232 VINE ST 726 VINE ST TAYLOR LAURA J ASPEN,CO 81611 ASPEN,CO 81611 535 VINE ST ASPEN,CO 81611 THIEMER FRED TIDWELL JOAN 1051 VINE ST 734 VINE ST TOBEL KEVIN W&MARY LYNN ASPEN,CO 81611 ASPEN,CO 81611 8085 LOCKLIN COMMERCE TWSP, MI 48032 TOWNSEND R JAMES TRAN DANNY 1112 VINE ST 0716 VINE ST TRAN HONG HUONG ASPEN,CO 81611 ASPEN,CO 81611 814 W BLEEKER ST#C1 ASPEN,CO 81611 TULLMAN DEBORAH UKRAINE JOHN M VALLEY ORTHOPAEDIC ASSOCIATES 623 VINE ST 2 OLD PENZANCE RD 1450E VALLEY RD#201 ASPEN,CO 81611 ROCKPORT,MA 019662243 BASALT,CO 81621 VAUGHAN PATRICK VERNIER WILLIAM J 908 VINE ST VERNIER GLADYS M VINE STREET RENTALS LLC ASPEN,CO 81611 2040 DAVIS ST 928 MAPLETON AVE WYANDOTTE,Ml 48192-3537 BOULDER, CO 80304 WALKER R013ERT J WALLACH ANNE M PO BOX 7932 PETRILLO ANDREW MICHAEL WALLACH HOWARD B AND BETTY S ASPEN,CO 81612 5190 UPPER CATTLE CREEK RD 2229 TROY AVE CARBONDALE,CO 81623 BROOKLYN,NY 11234 WALLE GABRIELE WARLOP ELIZABETH F PO BOX 1588 21 3RD ST WEIL JONAS ASPEN,CO 81612 BROOKLYN,NY 11231-4805 12826 WETHERSFIELD RD SCOTTSDALE,AZ 85259 WEISS RONALD K&JODI L WENDLING NAN JEAN 3000 TOWN CENTER STE 540 124 VINE ST WENZEL KAREN M SOUTHFIELD,Ml 48075 ASPEN,CO 81611 1125 VINE ST ASPEN,CO 81611 WERTZ JEFFREY LARKIN WHIPPLE RALPH U &LYNNE C WHITE MATTHEW G&SARAH E 717 VINE ST 24 MIDDLE DR ASPEN,CO 81611 PLANDOME,NY 11 Q30-1415 PO BOX 645 ASPEN,CO 81623 WHITING RYAN L WICHMANN VICTORIA 521 VINE PO 80X 4388 333 TEXAS ST#2290 ASPEN,CO 81611 WIENER WILLIAM B JR ASPEN,CO 81612 SHREVEPORT,LA 71101 ttiquettes faciles a peter i Utilisez le gabarit AVERY&5160® Sens de Repliez A la hachure afln de r(0 r 13 WWW.avery.com chargement rdv6ler le rebord Pop uprm ( l 1-800-GO-AVERY t A Easy Peep'Labels , Use Avery®Template 51600 r feed Paper _+�+■ Bend along Ed to j p expose Pop-up EdgeTM AVERVO 51600 1 WONG MARGARET S-K 50% WONG CHRISTOPHER SENG-YUEN 50% WOOLLEY SUSAN C WRAITH STEPHEN KERR 835 VINE ST 823 VINE ST PO BOX 11553 ASPEN,CO 81611-3269 ASPEN,CO 81612 ASPEN,CO 81612 WRIGHT THOMAS&ANNE YOUN CHAN JU&KUN CHEE 7253 WATERVIEW POINT 11101 S COUNTRY SQUIRE ZAPPIA JOSEPH NOBLESVILLE, IN 46062 HOUSTON,TX 77024 517 VINE ST ASPEN,CO 81611 ZAUNER HEINZ JUERGEN REV TRUST 0451 STAGECOACH LN CARBONDALE,CO 81623 ' 1 k1cluettes faciles A peter Utilisez le gabarit AVERY®51600 Sens de Replfez la hachure afln de l�/� www.avery.com j chargement rdv6ler le rebord Pop-up*M (( 1-800-GO-AVERY j � 322 tl N `'u 1 0 107.5 215 W+E �r Feet S f This map/drawingCmage Is a 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R4CE'ST n 560� 590,� i 1 SS2 r 154& ",' 537 AO 540 5�22�y'566 ` 548 _ t tt GI S ON � , "37`_; ,l C 5 I 2Q4. �A p N A 549 543 ' 528 4 P q 1 Cr k 535- v: 1 1 1 Justin Barker From: Tracy Murtagh <tracymurtagh @comcast.net> Sent: Tuesday, July 02, 2013 2:08 PM To: Justin Barker Subject: conversion of unit 815 hunter Creek Hi Justin, I am really sorry I can't make the meeting this afternoon as I am very interested in the issue of converting untis to employee housing. I am currently the owner of a two bedroom, deed restricted Hunter Creek unit which I share with my husband and son. I am very OPPOSED to the idea of converting the few free market units in Phase III to deed restricted from free market. I have lived in Hunter Creek for 25 years, never planning to share my unit with a spuse, and then a child as well. The problem is, now that my soon is a teen, and we are really ready to move, we find ourselves asset-capped out of employee housing. As we have examined our options over the past 6 months, we have continuously found that there is NEXT TO NOTHING under 1 million in town that is suitable for a family. Having lived in town for over 25 years, I,am not really interested in moving to Snowmass. Other than the few 2-3 bedroom units that periodically come up for sale in Hunter Creek, there are very few options in our price range. Were 815 not right on the parking lot, I would have bid on that unit last winter. Please don't limit the "affordable" options in town any more than they already are. We are all for employee housing, but there is an even more severe shortage of, in town, free market, almost affordable housing than there is employee housing. For families, or couples looking to, (or forced to ) move up, the few Hunter Creek units which come up for sale offer the best option this side of Basalt. Please don't reduce the inventory of (under a million dollar ) housing available. Help keep young families in Aspen Thank you for your consideration, Tracy Murtagh i