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HomeMy WebLinkAboutLanduse Case.CO.625 E Main St.0002.2013.ASLUC of 0002.201 ASLU 625 E Main st 273707332002 Condo Plat Application SMEAD No. M450C UPC 2MO smead_com a Made in USA '`Vq�p,, A 115 - I . . .- . . —. — ---- -j uSmN1uw ��Of S F I MFF?S iNFr, R�� FM�� THE SFJ RRQQRAM r o�ro@r VAOVW C • 40 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0002.2012.ASLU PARCEL ID NUMBERS 2737-07-3-32-002 PROJECTS ADDRESS 626 E MAIN ST PLANNER JIM POMEROY CASE DESCRIPTION CONDO PLAT APPLICATION REPRESENTATIVE ADAM ROY DATE OF FINAL ACTION 2.17.13 CLOSED BY ANGELA SCOREY ON: 7/2/13 • Ll EXHIBIT 1 CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Jessica Garrow — 970.429.2780 PROJECT: 625 E Main, Condominiumization REPRESENTATIVE: Adam Roy, 925-3444 TYPE OF APPLICATION: Condominiumization DATE: 11.23.2012 DESCRIPTION: Development at 625 E Main is nearing completion, and the owner is interested in condominiumizing the building. No condominium exists today. Condominiumization is an administrative approval requiring a land use application. If there is an HOA, their approval is required to proceed with the condominiumization, A copy of the Land Use Application form, as well as planning fees are located online at: hnp://www.aspenpitkin.com/Depagments/Community-Development/Planning-and-Zoning/Applications-and-Fees/ A copy of the Land Use Code is available online at: http://www.aspenpitkin.conVDepartments/Community-DevelopmenUPlanning-and-ZoningfTgle-26-Land-Use-Code/ Land Use Code Section(s) 26.304 Common Development Review Procedures 26.480.090 Condominiumization Review by: - Planning and Engineering Staff for compliance - Community Development Director for approval Public Hearing: No hearing required Planning Fees: $630 Deposit for 1 hour of staff time. Additional staff time required is billed at $315/hour Referral Fees: Engineering, billed at $265/hour (1 hour deposit is taken), Total Deposit: $ 895 (Additional fees will be required for recording the plat. Those fees will be identified and due just prior to filing of the plat.) Total Number of Application Copies: Two (2) To apply, submit the following information: 1. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. Completed Land Use Application. 5. Signed fee agreement. 6. Pre -application Conference Summary, 7. An 81/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 8. Proof of ownership. 9. Letter of consent from the HOA. 10. Proposed condominium plat. Provide paper copies for staff review land a digital PDF if available►. Once staff has reviewed the proposal and made any necessary corrections, then mylars can be created for recordation. 11. All necessary items found in Land Use Codes Section 26.480.090, Condominiumization. Engineering requirements are available online at: http://www.aspenpitkin.com/Portals/0/docs/City/engineering/survey%20checklists/CondominiumPiatSurveyChecklist.pdf 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 2 Land Title Guarantee Company CUSTOMER DISTRIBUTION Land Title GUARANTEE COMPA.W w'r w.,rcc. cor Date: 08-29-2012 Our Order Number Property Address: 625 E MAIN ST ASPEN, CO 81611 Ifyou have any inquiries or require further assistance, please contact one of the numbers below. For Closine Assistance: Leslie Boyer 533 E HOPKINS #102 ASPEN, CO 81611 Phone: 970-925-1678 Fax: 800-318-8202 EMail: Iboyer@ltgc. corn 625 MAW ASPEN LLC 106 W GERMANIA PL # 230 CHICAGO IL 60610 Attn: 625 MAIN ASPEN LLC GARFIELD & HECHT PC *TMX* 601 E HYMAN AVE ASPEN, CO 81611 Attn: CHRIS LACROIX Phone: 970-925-1936 Fax: 970-925-3008 EMail: clacroix@gartieldhecht.com Sent Via Entail 09,30.12 QTF62004748-2 For Title Assistance: Aspen Title "QT" Unit Kurt Beereboom 533 E HOPKINS #102 ASPEN, CO 81611 Phone:970-925-1678 Fax: 970-925-6243 EMail: kbeereboom@ltgc.com LAND TITLE GUARANTEE COMPANY 533 E HOPKINS #102 ASPEN, CO 81611 Attn: Leslie Boyer Phone: 970-925-1678 Fax: 800-318-8202 Copies: 1 Entail: lboyer@ltgc.com WAAS CAMPBELL RIVERA JOHNSON & VELASQUEZ LLP 420 E MAIN ST #210 ASPEN, CO 81611 Attn: J BART JOHNSON Phone: 970-544-4602 Fax: 866-492-0361 EMail: johnson@wcrlegal.com Sent Via Entail • • Land Title Guarantee Company !71k GUARANTEE COMPANY ww.. 1T G C. c Or Property Address: 625 E MAIN ST ASPEN, CO 81611 Date: 08-29-2012 Our Order Number: QTF62004748-2 Owner: 625 MAIN ASPEN, LLC, A COLORADO LIMITED LIABILITY COMPANY Wire Informadon: 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.Itgc.com 1U1 E111CLUUIIJ LU Q11V Ul UUl J`1 U111I,C MIOLIM13. I ESTIMATE OF TITLE FEES I 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 Property Address: 625 E MAIN ST ASPEN, CO 81611 Our Order No. QTF62004748-2 Schedule A Cust. Ref.: 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. • 0 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. • • Continued: ALTA COMMITMENT Schedule B - Section 1 (Requirements) Our Order No. QTF62004748-2 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) E G 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: 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 JUNE 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, i CITY OF ASPEN COMMUNITY DEVELOPMENT 625 EAST MAIN STREET REDEVELOPMENT Condominium Plat Application LJ • Application for Administrative Approval of the Condominium Plat 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 January 9, 2013 Prepared by: Adam C. Roy c/o 625 Main Aspen, LLC 605 East Main Street, Suite 8 Aspen, CO. 81611 (970) 274.0890 TABLE OF CONTENTS I. INTRODUCTION...........................................................................................1 II. PROPERTY BACKGROUND....................................................................... 2 III. REGULATORY REQUIREMENTS............................................................ 3 A. Section 26.480.090.13 ........................................................................... 3 Appendix — APPLICATION DOCUMENTS.........................................................A I. INTRODUCTION The intention of this application is to request an administrative approval of a Condominium Plat for the improvements associated with 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). This application is submitted pursuant to Title 26, Land Use Regulations, of the 2013 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 the Appendix 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: ■ 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; ■ Regulatory Requirements identifying what areas of the Code are relevant to the Condominium Plat being reviewed. 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. Page I I • II. 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 • E The associated P&Z Resolution No. 7, Series of 2011, City Council Ordinance12, Series of 2011 and Notice of 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 the Appendix respectively. In 2012, an insubstantial amendment to the PUD was approved, reducing the amount of above grade net leasable area in the building (Exhibit 11, Appendix). The loss of NLA was due to a reconfiguration of the main level commercial area by the addition of a rear circulation corridor, dividing the space into two (2) separate units. III. REGULATORY REQUIREMENTS Pursuant to Section 26.480.090 of the Code, because the building will be divided into a condominium form of ownership, a condominium plat shall be submitted to the Community Development Director for review and approval, and in accordance with the following requirements. A. Section 26.480.090.13 1. Contents of Application All items listed within this subsection and that constitute a completed application for review are provided as Exhibit 12 in the Appendix of this application. All items that are to be generated following review and approval will be provided at that point in time. 2. Recordation Upon approval of the submitted condominium plat, the plat will be printed on mylar and recorded with the County Clerk and Recorder within 180 days of the approval date. 3. Subdivision Agreement A Subdivision Improvement Agreement (SIA) for the project was created, submitted reviewed, and recorded and is provided as Exhibit 10 in the Appendix of this application. Page 13 APPENDIX -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 i Exhibit 11. Insubstantial Amendment to PUD Exhibit 12. Vicinity Map • Exhibit 13. 625 East Main Condominium Plat A I Hi Hi H HIM i H'i ON I - WO %is I Ail, I ilk, 3 Wt, -4 -M 1 HN . 4 10 i m M 0 lie Z ro) no 0 mo > IsMi -3 ITI 0 > 14 F 112 5 rill I it ,■§ k! k § HIH \§ �(k) .5 w SA <U� U< G i G 1 I W�. 9 -------------------- * .. .................... I .�� ya : tt Rq i W LN �g V V 2 z k id h SHEEP D7DIX 625 MAIN STREET CONDOMINIUM MAP SHEET I EXISTING CONDITIONS SHEET2 MECHANICAL- PARKING GARAGE THE PURPOSE OF THIS MAP IS TO CONDOMINIUMIZE M SHEGROUND FLOOR -SECOND FLOOR SHEET THIRD FLOOR- SECTION PLANS LOTS E, F, G AND THE EASTERLY 10 FEET OF LOT D, BLOCK 98, CITY AND TOWNSITE OF ASPEN, •� N . J`yey'o S B, 0 W * E S GRAPHIC SCALE w•.m IM1 CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO 625 MAIN STREET - PARCEL NO.2727-073-32-002 nns ezw�..s �io-rwn �� wlaw PEAK Surveying, lec .r-nssm.K+e ri meml.s.�r. mgaaar. ssx.sslcns a.»nr Fw.era.s ca SKAL . pc..y.m 62f MART SRi. LLL. �^i td a,Y OFA4F>'L mla1,,O0 �,® 625 MAIN STREET CONDO MAP LOTS E. F. G, h ELY 10' D. BLK 98 CITY R TOWNSI'IE OF ASPEN IOF4 rR ar ca 625 MAIN STREET CONDOMINIUM MAP :4 C. THE PURPOSE OF THIS MAP IS TO CONDOMINIUMIZE LOTS E, F, G AND THE EASTERLY 10 FEET OF LOT D, BLOCK 98, CITY AND TOWNSITE OF ASPEN, e LOTS 5 6 7 AND THE EASTERLY 10 FEET OF LOT 4, BLOCK 29, EAST ASPEN ADDITIONAL TOWNSITE s CITY OF ASPEN, 625 MAIN STREET - PARCEL NO.2727-073-32-002 a� V F7— cl-_ ______ ___________ ....... ,,,,,,,..,,.,....._ o ; eav�m nwen �Y xxe, SUB -BASEMENT PARKING GARAGE v OJIV C� rue xr -r rua� i.r ,. a� w sxFErrtrDIE : oxl•� SFD:Ef 1 E)DSTH4G CDNDnlONS SHEET2 MEC7iAMCAL-PARKING GARAGE ••,r,.n r ,f SHEET ) GROUND FLOOR - SECOND FLOOR 625 MAnx A9Wx.I1C. QIY6ASfQL GC1LRAD0 rt]UI6B SHEET nlun FLOOR -SECTION FLANS PEAK 625 MAPl STREET CONDO MAP 5 Surve`yi� Inc. TAGS E. F. G. A ELY to D, BIX 98 tir•n� ��'� QTY l TOVINSITE OF ASPEN 2 OF 4 • 625 MAIN STREET CONDOMINIUM MAP THE PURPOSE OF THIS MAP IS TO CONDOMINIUMU E 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 CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO 625 MAIN STREET - PARCEL NO.2727-073-32-002 GROUND FLOOR slier WDEII SHEET I EXISTING CONDITIONS SHEET 2 MECHANICAL - PARRDIC GARAGE SHEET3 GROUND FLOOR- SECOND FLOOR SHEET 4 THIRD FLOOR - SECTION PLANS PEAK SRrvtying, IRc �-�-er1�mo� `AY <wmwu SECOND FLOOR 1 Sla�n� m MAp A49i. LLC. I QTY OF 9t]�. COItiA00 RAt® 625 MAIN STRFPI CONDO MAP LOTS E, F. G. & FLY 10 D. B13b 98 CITY & TOWNSrLE OF ASPEN 3 Of ca 625 MAIN STREET CONDOMINIUM MAP ag THE PURPOSE OF THIS MAP IS TO CONDOMINIUMIZE 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 CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO 625 MAIN STREET - PARCEL NO.2727-073-32-002 I ii I -• tX.w,A ., mn- W „ Y _ �r� SECTION A aII ? N v v= • " a.cE R C e 3 -. cu.�E� IA - Al om Tj v� Y ° B THIRD FLOOR .e a SHEET WDEX SECTION SHEET EXLMMCONDMONSGKRI SHEET 2 MECHANIL-PARG GARAGE 03,ud A9A� w. SXFfT 3 GROUND FLOOR - SECOND FLOOR t TURDGROUND FLOOR - - SEC N PLANS PE . V cm ov TREE CONDO otoise t111 525 MABN STREET CONDO MAP s $�rveyls[, InG LOTS E, F. G. d E1Y t0 D. BLK 98 �— rrmwasur Nmwa`»a-x». CITY dT WNSTTE OF ASPEN t OFt 0 • file Edit Read NWVW F2M Pt" FaMal Jab Lvel; .... ........ . .. . ...... A-3 %jMSX. Fe. F.Wr f4.jbn" Altd "JeM 1.101W k-AB% CM.9M SC DIM VQ* .................... . .......... . . .... epyec ii2i E MAIN S my A*W Slam mdW- kvw ft.*c W.O. p. IGTKA FOR CMOWUM PLAT b..d o"r1w S&WW A>m 7O1 i-, r4 Ca Clod PW D., F DW lac m C- MASPEN LLC 7 1 FmY 14V E*I'A-Y III) AOM Amkw Oe a apomfo [:Cwmm.vpkmo Lag W� 4E25LVJIASF9J LL, 1 " UFERr CA�RBOT 14112EA� V�YM S,� Ai; 3433 P.. 54 IC4, F3C'---- M— UlITF47Y Lem. phw Add— Idl � � 33�ro Ws- 0-?) As 04 THE CITY OF ASPEN Land Use Application Determination of Completeness Date: January 16, 2012 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0002.2013.ASLU — 625 E. Main, Condom iniumization. The planner assigned to this case is Jim Pomeroy. ❑ Your Land Use Application is incomplete: Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. Your Land Use Application is complete: If there are not missing items listed above, to begin the land use review process. then your application has been deemed complete 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, ennif elan, Deputy Director City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New SPA New PUD Yes No Subdivision, SPA, or PUD (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No Commercial E.P.F. • • 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 IULY 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 TUNE 24, 2010 UNDER RECEPTION NO. 571023. 22. (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) 0 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) 11 • 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 subject real property may be located in a special taxinghdistrict. B) A Certificate of Taxes IIue listing each taxing jurisdiction s all 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 recorders ohice 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 Relations 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 of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Eand Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owners 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 descnbed 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 mechanics and material-men's liens. D The Company must receive payment of the appropriate premium. E3 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 satisfactory to tfie company, and, any additional requirements as may be necessary arter an examination of 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 policy 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, ]eased, 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, gas, other minerals, or geothermal energy in the property; and B That such mineral estate may include the right to enter and use the proper y without the 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 defrauding or incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting attempting to defraud the policyholder or claimant with regard to a settlemwnt or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. 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 F_I L • 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, 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 Conl0 tment for Title InsuranO 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 referred 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 vvvvw.alta.org CC.FA.06 FIRST AMERICAN TITLE INSURANCE COMPANY Dennis J. Gilmore President AM ILI CAN LAND TITLE ASSOCIATION Timothy Kemp Secretary 7W. • 0 1 EXHIBIT 3 January 8, 2013 Chris Bendon Director of Community Development City of Aspen 130 S. Galena Street, 3`d Floor Aspen, CO 81611 Re: 625 East Main Street Condominium Plat 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 the Condominium plat for 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. At this point there are no additional members of the HOA, and therefore, the only consent required for the submittal of this application is from me. Please feel free to contact us if you have any further questions regarding this authorizing letter. Sincerely yours, U.k Jeffrey Cardot 625 Main Aspen, LLC 1482 East Valley Road, suite 463 Montecito, CA 93108 312.543.0033 • EXHIBIT 4 ATTACHMENT 2 —LAND USE APPLICATION PROJECT: Name: 625 East Main Street Redevelopment Location: 625 East Main Street, Aspen, CO. 81611 (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 2737-073-32-002 APPLICANT• Name: 625 Main Aspen, LLC Address: 1482 East Valley Road, suite 463, Montecito, CA 93108 Phone #: (312) 543.0033 REPRESENTATIVE: Name: Adam Roy Address: 625 East Main Street, Suite 204, Aspen, CO.81611 Phone #: 970.274.0890 TYPE: OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporan, Use ❑ GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ TextfMap Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA — 8040 Grcenline, Stream ❑ Subdivision Exemption (includes ❑ Final SPA (& SPA Margin, Hallam Lake 131ut1, condominiumization) Amendment) Mountain Vie% Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment ® Other: Conditional Use Condominium Plat EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Completed mixed -use building. ?ROPOSAL: (description ofproposed buildings, uses, modifications, etc.) Recordation of Condominium Plat Have you attached the following? FEES DUE: S 995 ® Pre -Application Conference Summary ® Attachment #I, Signed Fee Agreement ® Response to Attachment #3, Dimensional Requirements Form ® Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ❑ 3-1) Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Nord Format) must be submitted as part of the application. Large scale projects should include an electronic 3-1) model. Your pre -application conference summary will indicate if you must submit a 3-1) model. • EXHIBIT 5 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: Number of residential units: Number of bedrooms: Existing: 9,987 sq. ft.proposed: Existing:5 Proposed: Existing:15 Proposed: Proposed % of demolition (Historic properties only): N/A 9,417 sq. ft. 5 AS NO HEIGHT OR FLOOR AREAS ARE BEING CHANGED, PLEASE REFER TO THE AT - DIMENSIONS: TACHED RESOLUTION 7-11 AND ORDINANCE 12-11 FOR ALL APPROVED DIMENSIONS. Floor Area: Existing: Allowable: Proposed.• Principal bldg. height: Existing: Allowable: Proposed: Access. bldg. height: Existing: Allowable: Proposed: On -Site parking: Existing: Required: Proposed: % Site coverage: Existing: Required: Proposed: % Open Space: Existing: Required. Proposed: Front Setback: Existing: Required. Proposed. Rear Setback: Existing: Required. Proposed. Combined F/R: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed.• Combined Sides: Existing: Required.- Proposed: Distance Between Existing N/A Required• N/A Proposed.• N/A Buildings Existing non -conformities or encroachments: N/A Variations requested: N/A EXHIBIT 6 Agreement to Pay Application Fees Anareement between the City of Aspen ("City") and Property 625 Main Aspen, LLC Phone No. Owner ("I"): Email Address of Billing Property. 625 Fast Main Street Address: (subject of Aspen, CO.8161 1 (send bills here) application) 312.543.0033 jeffcardot@gmail.com 625 East Main Street, Unit 204 Aspen ,CO.81611 I 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. I 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 flat fee for flat 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 project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient infoniialion 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. I 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. I 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, I 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. $ $630 deposit for 1 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $315 per hour. $ $265 deposit for 1_ hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $265 per hour. City of Aspen: Chris Bendon Community Development Director City Use: Fees Due: $ Received: Pro �erty Owner: Nan l �� Title: EXHIBIT 7 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 0 0 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 (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) 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/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. 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 of the 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 /10t' 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 4of7 0 • 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 o/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 casements 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. 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 Amenity 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: - - — •--- ity Attorney ATTEST: �•(,y 0) A'c vL ackie Lothian, Deputy City Clerk • PLANNING AND ZONING COMMISSION: Stan Gibbs, Chair Reso 7, Series 2011 Page 7 of 7 • • EXHIBIT 8 ORDINANCE NO. 12 (SERIES OF 2011) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING WITH 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 of Lot D, Block 98, City and "fownsite 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, Page I 1 of 8, R $46.00 Doc Code ORDINANCE • Janice K. Vos Caudill, Pitkin County, 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 of the Aspen Area Community Plan; and, i WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BV 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 of this Ordinance, and a commitment to provide an escrow account for the purposes of ensuring adequate public safety of the 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. 0 0 Ordinance 12, Series 2011 Page 2 - - • L] 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 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 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 of the curb and gutter that Ordinance 12, Series 2011 Page 3 1 0 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 1/10`}' 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 follo Aing 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/decd-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 Ilousing 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. • r 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. M Section 11: Landscaaing • 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 r Ordinance 12, Series 2011 Page 5 4 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. 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 Amenity 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: Parkin� 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 r Page 6 • 0 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 7.oning 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 thereof. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 11 th day of April, 2011. //- ld/i Michael Ir and, Mayor ATTEST: Jam+ Kathryn S. h, City Clerk Ordinance 12, Series 2011 Page 7 i 0 FINALLY, adopted, passed and approved this 25th day of April, 2011. ATTEST: A� e4�04- Kathryn S. K2011 City Clerk APPROVED AS TO FORM: . Worcester, City Attorney Mich el Ireland, Mayor Ordinance 12, Series 2011 Page 8 n u EXHIBIT 9 • • 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 of 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 • of 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 • • • 0 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: Chris Bendon Community Development Director Jy 22 24( Date Attachments: Exhibit A — Design approved through this amendment Exhibit B — Previously approved design (from 2007) Exhibit C — Staff Review Criteria pg. 2 4111149W 4.f11N MM _.._ NS4MM,1 wuwmowwu..nu MS{11#,5 OAVIO JOHNSTON ARCHITECT; I • 0 625 East Main Street Redevelopment: proposed alley (south) rendering (not to scale) DAVID 1011 N'lt ON ARC 1111 COTS Ex'n bi+R 625 East Main Street Redevelopment: proposed main street (north) rendering (not to scale) o J •••••••••••••••••••••••••••••••••••••••••••• a; 625 East Main Street Redevelopment: proposed main street (north) elevation DAVID JOHNSTON ARCHITECTS not to scale �xh� bid h • 625 East Main Street Redevelopment: proposed alley perspective rendering DAVID JOHNSTON ARCHITECTS (not to scale) 625 East Main Street Redevelopment: proposed main street (north) elevation DAVID JOHNSTON ARCHITECTS (not to scale •••••••••••••••••••••••••••••••••••••••••••• =_Xhibi�l 1'� ------- -7------------ M1nAN Mq[<AkOSfON( � 1 / I I ._.. rnkns 1 1 1 kMIIASCN ...............--- _ i--STUCCO ' . was , I srcn aAnlAo smlA( 4R1H GIASS 1AN(LS � man ►i's SIRUCWW A[1Al[MR' 1001 SI((l MRIkO STSIFA/ Wll GLASS FAWS 1111AI WAll 1MR11 — K1[1Al 1VINDM -----BRICK WhIM l ; FM 1A 10N1 - OAkDIkO 1111A1 CGORS 625 East Main Street Redevelopment: approved main street (north) rendering (not to scale) • 625 East Main Street Redevelopment: approved main street (north) elevation (not to scale) 0000000000000000000000000000000000000000000• IM n-i a 677 C!v' _!r0 MOOR e. FiK1W 3W id OR _"NL FLOOR a (.7g6A67 625 East Main Street Redevelopment: approved alley (south) elevation (not to scale) 0 0 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 26.412.060, the change represents a minimal affect 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, vitkin County, CO • • EXHIBIT 10 • 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 3L day of , 2011, by and between THE CITY OF ASPEN, COLORADO, a Colorado horfie rule ntiunicipal • corporation ("City") and 626 MAIN ASPEN, LLC, a Colorado limited liability company ("Owner"). • 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 ("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 • 4A0009253 /4 ) • • • RECEPTION#: 581599, 08/02/2011 at 09:06:02 AM, 2 OF 17, Janice K. Vos Caudill, P6 in 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 w 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 of 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. M 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 Man. 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 • tA0009253 / 4 } • • RECEPTION#: 581599, 08/02/2011 at 09:06:02 AM, 3 OF 17, Janice K. Vos Caudill, P.kin 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 of 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 of occupancy. 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 §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 Above -Grade Commercial Net Leasable Area Commercial Net Leasable Ratio (NLA): 7,869 sf Unit A. 2,658 sf Maximum Free -Market Residential Unit B. 2,837 sf Unit Size (Sq. Ft.) Unit C. 2,527 sf (Total size: 8,022 sf) {A0009253 / 4 } RECEPTION#: 581599, 08/02/2011 at 09:06:02 AM, 4 OF 17, Janice K. Vos Caudill, Pin 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 IAOOM53 l4 ) • RECEPTION#: 581599, 08/02/2011 at 09:06:02 AM, 5 OF 17, • Janice K. Vos Caudill, Pkin County, CO • • • • • gutter improvements must be completed prior to the issuance of a certificate of occupancy for • any of 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 (S15,000 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) of the 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 i lAOD09253 / 4) • RECEPTION#: 581599, 08/02/2011 at 09:06:02 AM, 6 OF 17, • Janice K. Vos Caudill, P' in 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 Liphting. 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. IA0009253 /4 } 6 • • • RECEPTION#: 581599, 08/02/2011 at 09:06:02 AM, 7 OF 17, Janice K. Vos Caudill, P.kin 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, Off -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 a 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. n u • tA0009253 / 4 } % • • RECEPTION#: 581599, 08/02/2011 at 09:06:02 AM, 8 OF 17, • Janice K. Vos Caudill, P' in County, CO 4.3. Public Safety 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 Determination, 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 • IA000925314) g • • • RECEPTION#: 581599, 08/02/2011 at 09:06:02 AM, 9 OF 17, Janice K. Vos Caudill, P'tkin 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, pig ' in 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. BindingEffect. 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. Headines. 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, P' in County, CO 0 THE CITY: APPROVED AS TO FORM: Jo er, Esq., City Attorney OWNER: THE CITY OF ASPEN, COLORADO, a Colorado home rule municipal corporation Michael C. Ireland, Myer ATTEST: Kathryn Koch, ty Clerk 625 MAIN ASPEN, LLC, a Colorado limited liability company By: &'46— Jeftordq&anager STATE OF COLORADO } } ss. COUNTY OF PITKIN } The foregoing instrument was acknowledged before me this ,& day of , 2011, by Jeffrey Cardot as Manager of 625 Main Aspen, LLC, a Colorado lim' a 1labilit company. F& --sue PUBLIC official seal. M' C"Nsbn Ex—ms m" 10 2012 (A000925314 ) on �� Q�v� � 0 � Notary Public 11 RECEPTION#: 581599, 08/02/2011 at 09:06:02 AM, 12 OF 17, Janice K. Vos Caudill, P' in County, CO EXHIBIT A TABLE OF CITY FEES ALREADY PAID [see attached page] ]2 1 A00092 51 i 4 RECEPTION#: 581599, 08/02/2011 at 09:06:02 AM, 13 OF 17, Janice K. Vos Caudill, P. kin 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 Extens',on 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 $49,249.2.5 Change Order Permit Fee $0.00 Aspen Excavation/Foundation $17,23T24 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 Sprinkler Fee $0.00 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, P6 in County, CO t y I e r T E C H1-1i()i3OGIES CITY OF ASPEN Permit Receipt RECEIPT NUMBER 00023800 Account Number: 26200 Applicant: CHARLES CUNNIFFE ARCHITECTS Type: check # 355774 Permit Number Fee Description 0066.2007.ACBK Aspen Excavation/Foundation 0066.2007 ACBK Eng System Development Fee 0066.2007.ACBK Aspen Building Permit Fee 0066.2007.ACBK Aspen Comm Zoning Date: 7/16/2008 Amount 728.28 28,800.00 49,249.25 5,204.00 Total: $83,981.53 RECEPTION#: 581599, 08/02/2011 at 09:06:02 AM, 15 OF 17, Janice K. Vos Caudill, Pjkin County, CO 0 CITY OF ASPEN y I e r Permit Receipt T E CHI N' 0 L 0 G I E. S RECEIPT NUMBER 00022913 Account Number: 26200 Applicant: CHARLES CLINNIFFE ARCHITECTS Type: check # 28041 Permit Number Fee Description 0066.2007.ACBK Aspen Excavation/Foundation Date: 3/26/2008 Amount 16, 508, 96 Total: S16,508.96 RECEPTION#: 581599, 08/02/2011 at 09:06:02 AM, 16 OF 17, Janice K. Vos Caudill, Pin County, CO CITY OF ASPEN ye r Permit Receipt T E_�: } 1 P J!_+; v I k:: , RECEIPT NUMBER 00022912 Account Number: 26200 Date: 3/26/2008 Applicant: CHARLES CUNNIFFE ARCHITECTS Type: check # 1278 Permit Number Fee Description 0066.2007.ACBK PEDESTRIAN AMENITY Total: Amount 50,000 00 $50,000.00 RECEPTION#: 581599, 08/02/2011 at 09:06:02 AM, 17 OF 17, Janice K. Vos Caudill, P'i-kin County, CO CITY OF ASPEN y I e r Permit Receipt TV Ciii)0L_OGIES RECEIPT NUMBER 00021770 Account Number: 26200 Applicant: CHARLES CUNNIFFE ARCHITECTS Type: check # 5139 Permit Number Fee Description 0066.2007.ACBK Aspen Energy Code 0066.200TACBK Aspen Plan Check 0066.2007.ACBK Aspen GIS 0066.2007.ACBK Aspen Comm Zoning Date: 8/10/2007 Amount 4,716.85 30,659.49 55.00 20,816.00 Total $56,247.34 0 i EXHIBIT 11 -] 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: This 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 constriction in early 2007. However, constriction was halted in the fall of 2008, at which time the owner sought to sell the property. At the cessation of constriction, 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#: 693605,10/31/2012 at 03:26:66 PM, 1 OF 5, R $31.00 Doc Code APPROVAL Janice K. Vos Caudill, Pitkin County, CO n u • • 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 so was less • than the proposed free-market residential space (8,022 so 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 so 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 sf, 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 sf, inclusive of the basement, with the above -grade net leasable floor area measuring at 7,869 sf. . 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 s • 2 • • • • 0 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 flnds 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. APPIWVED BY: Chris Bendon, Community Development Director 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 64�:;;g - Zoa, Date Exhibit A 625 E. Main St Site Plan ftze n U • 2 S_EC LEVEL E i LEASABLE AREA 7.b1o1: AnaJed dice Lcmble /I2v,bio F7oer A.�a Gtab+tlo.. Apr" r"t NL,A Act—) N1.A f.n.mm nit r C,kr (.., rc ll P ter. h'1 rM Unit A (kd Level) 2.65E 2.658 0 PU U.k 0 p(d Lever) 2.237 2.837 0 wit C (2.d L—t) 2.527 2s27 0 Bneblrlst R.M-WAm &M f,022 • oc,t,..... . I�1Yi1INY,v✓,�: Ualt A (I.d Leoe4 I,/S1 1.351 0 ARUtilB('sdL.v.q 1.435 1,435 0 AObM.bl. BIIK AM 2,716 2,724 0 :L'i-.J:: ,. r.. .. .ten .` rid .. • . BuWaM Cbw wFCW Am 2.11E i.E00 )&6 Level Cemmac;.l Ate. 5973 5.697 ScmM Level Coma W Am 11% 1.720 24 ..d Ceo.mne6"-A— 919V 9,417 (rm Abs C,.do Cewm d.l Ara 7" 7,617 ('S) Ce,esteeof.L•Rnldad.lNLA (Lo) (403) NET LEASABLE AREA NON -LEASABLE AREA t K.I0 L"—oom Exhibit B 625 E. Main St Net Leasable Area Plan FIRST LEVEL NET LEASABLE AREA N O N O O O O F-: z CO w Z Z z Q Ls Q n: LU Q C\I z Cam! Q (.0 F to m D U) z BASEMENT LEVEL NET LEASABLE AREA • • • 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. Staff finds 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 fire overall coverage of structures on the land. Staff finds 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 wHl have no impact on trip generation rates to the development. Staff finds this criterion to be niet. 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 file development. Staff finds 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 pave►ent widths or rights -of -way for streets and easements. Staff finds this criterion to be met. 7. An increase of greater than two percent (20/6) in the approved gross leasable floor area of commercial buildings. 1 • 0 Staff Response: There is no net leasable floor area Increase associated with the proposed PUU amendment. Stafffinds 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 densit3, 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 grantinga. 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 • DEVELOPMENT ORDER City of Aspen • Community Development Department This 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. "file 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 gro%Ngh 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. Lesal 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 of the previously approved development plan. Land Use Approval Received and Dates: The Community Development Director granted October 29, 2012, Effective Date of Development Order: November 1, 2012. administrative approval of this development on 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 29'h of October 2012, by the City of Aspen Community Development Director. Chris Bendon Community Development Director City of Aspen 625 East Main StreetVicinity Map EXHIBIT 12 (not to scale) woo Al .�A T j •r.,.r� - � eye �I � ` •�: �t IN VA do jf At It Air ev } �� •� �% 1 � x •;; �• "�� , . dry �•, , ) _y "* �r��Y 'b � �- �- i'� ^tom �• � �~ �.�,h `��' _;� ` , �� .. .l°��, � l.f�� 1Vy' SHEETINDEX SHEET] EXISTING CONDITIONS SHEET 2 MECHANICAL - PARKING GARAGE SHEET GROUND FLOOR -SECOND FLOOR SHEET 4 THIRD FLOOR - SECTION PLANS TITLE EXCEPTION NOTES I NE f(RIbwIN6 REIYMOFD LYSTIUINFYIS ARE I!}TED IN }CNEM- ­­E THE TRLE RE1ED ON N TIE FRF]AtAlYR1 m MIS LbYdM111RM MN AND ARF F%IILTED —MN TO THE EXTENT !NTE9 REIDM. IlR rM rYR'RD.TOR[%A VELY 01t LODE m EJRRALT AND RLM(WL IRS ORE MENE'T 'M SNDLID TIE SAME n FII w TO -FATE (RI N-TERMCT TI EREFQIPS AS IETEnTD N UNITED YTAM PATENT RECORDED AtXART SA IM. N .VW 1.3 AT FAGS M. CA\TI(T RF D,E, CTFD HEREON. 21 TFiMI, (YRpftpNl AND Ftm'W(ITmI m wlnila ILTE FA4EMEM NEC(IRLIFD NN[ IS, IFM N NRMC )Il AT FADE 2A). 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AFAD'{M MI I RECORDED MAY 11,3III AT RLAXIIION !I(1, 1T ..CAN T/E DtFICTED HEREON, ID TERMS, C(%(Drr"A ANTI FR(ll'lM(NS M H(TTI(1 M AFrROVAL RUTIRMD )VIE X'-M I AT NFCVI% N ND, JNael. CAYNOT RF DVWM IE)IQaF(. ISI TENIMA CTNURNNY AND PNILTRM M S'IRMVTSNN IMPROVEMFXt AIAtEEMEM RFCDI o A 11 I; 2011 A/ RECI RMM No Mi MS. CAYMDT RE DEPKTm HEREON. MI TERMR CDPpR1UNf AND MIM10M5 Or AMMM AND MUTED EDT EIE AM) FANRi.NT AORFI7AEYT RRC(IRMD SEFT DOM!`5, M I AT MIYTI(N1p. 5 7 DEIICTfO NERNIN m THE EXTET CNAN.P. f%' N.FND IRT'KTTD. Y 11 iM PREIIfRTY LE RRECI mRFf1FNVAlIONR, RESIRKTIIM}.fDVYNAMR stw [pIO FETRNT(RANDXFW MRI%RMTRD,ORNMIL9 AYDEK(T CT m'RRF111NO IN �1TRECA] DAToAT PR[rAtmnIAt1DlfT11'(M: ARM'TEf. COMPANY, ORI%R NO QIYA7IPMMA. DATED 1VIDAWI I, IMP 21 TRP DATE M TM "VVY WAS Alpl D. Il AYD AM 2 , 3011 AND AL'OLMT Il, MI2 MMM{(%REARNUS F(M THIS "VTR M A REARRID M}Ir1Ff SK-tw 1nR N(IRTMPAM COIL EII T%EAT G, A SAKE. WITH SANER LS. M. )Af} FMkD N rt4CE AND ME ROUIit[AfT CORIQ OF LOT D, A PX. NAIL %TrH 6R4Fl L S. NO $Mll N A94MI FDU2D N M ACE It (DRTR OF WASEW FOR Al TRSiYSR1FiS DKIw'N IENPON M L' S AlVEY LEFT. 1) TERA AIRVEY M RAWD lM A MPRIRTAET%%VVY MAT AJIW n Tr"Lf.. fCN6EVIND RERMTCYS. DAZED A/IIIL 1 ]. 1pw ANDCIN'IDTRIKTRN pA1S1EN1} FRMIMD RY DAVIS RRINSEOII ARCHMITS AI ELEVATpM ARE 6A41ED L". N,N(IDAARK Q•1"(NAYD N, YWDM AN ONSRE FLEVATION M "13ATm TIE smm..AST RIOPERTY COME* AS "wo. i)INTERRM DDANf 4 AM ALL INM FACE M ATUD TO FACE M mD AT TWE M MED }L'}YTM1. FM}FK1fK T'NERMRF R'A AND DIIDLNE} REIMS 101 NE CdIRARNIL'M DRILARAn- N 1JF M eyI. v- W, a N E 21A 1Y1 S GRAPHIC SCALE LR LRT ) I See\ - ID R Nw 625 MAIN STREET CONDOMINIUM MAP THE PURPOSE OF THIS MAP IS TO CONDOMINIUMIZE LOTS E, F, G AND THE EASTERLY 10 FEET OF LOT D, BLOCK 98, CITY AND TOWNSITE OF ASPEN, LOTS 5, 6, 7 AND THE EASTERLY 10 FEET OF LOT 4, BLOCK 29, EAST ASPEN ADDITIONAL TOWNSITE CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO 625 MAIN STREET - PARCEL NO. 2727-073-32-002 ♦ L:.iS Plc RI AIL Ne-•111Frw \ \w.l` A dA T �.. ITS RFRURCAI\ R �f I I.S. E3131 m RF !tT 14 > {)i z mw OA-LPYS / ' fMLENA - NMKLNS 1, T REARS a-r5«i,-NAd. HNTFII SQI:AAF CONDO LOTS A e. C /TIE wZY m M tOi D. BIDLZ ■ 4l.lt Ell[TRI[ AL R [OMw'MCATNT LTR.m FAMAMT N Mp1,NON N IYIE[}q:ARF CY%DXI MAI C(MIC: eR ] N, •t rTAs T 1CI 'stv R I.I ` )!� am 7RA1l. CITY OF ASI" EWNEER'S APPROVAL: iNR A2 NAN SHEET C(NRY%IIYRL MAT WAS A MFD n 1M (Iry MAWI PNGINFEI Tef_DAYM MI2 n: 1lILlA ARAd)Ii, IL Al. CI]]fNElyy CO%(%CLNITY DEVELOPMENT DIRECTORS APPRO%AL: THIS f23 STTIFET ASFEY CT%IDOMDRIlI NN T AMD" NRY THECTT M A} CDYM:NTTY DEVtIMMFT OLLKTM FOR RFA'DRDLN(ID DAY 2012 n' fNRL{ RFNQT AY c(MMI.NmDrYELDFRENT DE[cmt Clrl( RET AALL A MD E� i 4 A e /E� If AT% FIFA' ` uITrR DRADI I rY NAK R SHINTAI I A MA)S �fCu Cu%O IT ` tut LMLIERfM AfARiER'S fttNAAy �; � ' eq 1FL rl ,�pA\ -Si0iA11 IMA-1 a ♦ ♦ 9L fONTRDt � m'fANC• LOD.Dw . ♦ � KTlAF FFI IAIC ..�EL�. T S JILD UNE R CIINCl1ElE ` BLTLD wlnl RASFAIM F2l MV'{lRE$T L(T F. /LCAY N / LOfgNAX'RN SR TSD,f MOITK'.Ii wAI I LrvE +Y `•1 r STXS SLTRm' 210 PER 1 Rnq, ry-AT RK : IW FI ` L RIRT /ELRiBDOSE Al TILE EIWINEIM LAUD TIRE Q!ARATFE fMDAI('(, M CATTY THAT ON (IR RPPYRT 1 NAAF CAlSFD Ni E%A)piATON TU W MADE -F m AND EX rM THE DEED M TRIYT R1R M1l1OFA NEW' RFLDIIDED AT RECEITION AO. 312M1, fAp IROPEAnH rREI AND CIc.. M ALL OTER M ETARY OEls AND ENCI'A®RANCTS DATED. S3RT WERE0006C TITLE EXAM[NM L.A•D TITLE a:AWTEE COWA V PEAK N Surveying, Inc. P.O. 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N RFI.AReCN Ex"'EDMIS DAYM AD.302 LS RT`fIf D NMQ5 MAIN AMEN, LLC_ A COIAIRAM MATED LIMDITY CTW9A.NY n TPFIIEY W.CMtI(Tt. AS YM'AGFl RATE OF m. Cou. Tr bE_ 1 TM RRLEAIONG ORTYtY CERM%CATP MAY A['CNONtfDQVD RF) ME. nUS_DAY OF 2.12 RY IF/TREY w'. fAROIIT. Af MANADEI M f23 MAN A{IFM, ll(' MITT" MY NAND ANO (sm1M SGI. MY CD)DIMST(N rNIA[S: NYITANY rEwx L.ENI)FRa CY)NSF]KT: Mu Dn ISLE wFL—WLLf,WE%q ME NNE3RIANY MT1E DEW M MITRMIADED Al.*Cf IE. w) w__ may CIX4QT} TO 7ft}41 MAN STU" Dow" mMAP SPRIT. IntREIT CONDO LOTHRI,NDCKN FYiII RFD TIID DAYM AD.2M2 NRAIrit NAM R'lpl!IQ t EI er -.ASKEW. Af MANACIEII iNE T(IRFIXRIIC IP.IEOFRS CQAffl1TNN AC/O(OWTFI1MDFfJTNF ME 111D�DAYM ]012 RY TIRR/M /LFM. Al MANACIEN M NKRDt'l NiM FWMYG. LL.0 %imv, MY IU,YD AND OTKILL SAL MY COMMRY)OTI tXPRF_Y. ?.TA—r3 FLxw !7YL17L5 VECFATMCATF. L IAMT R. NPR. A RE(PRRRED LAND fORYFTd M THE Si6n M ❑IIDRADU. 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CY4( 'AT OfLDCK M.M ME DAYM NILANDMMIY RTLDRDPD N B(X11f IAI AE RECERIOM NO. IT CTFRK ANDRFC(MMR V, OCFS.T' .: NO. D— R__ IR,N R 623 MAIN ASPEN, LLC. 14nj, NO. c*Nl•" Y CITY OF ASPEN, COLORADO 07016E TRN 625 MAIN STREET CONDO MAP DW m 2012 LOTS E. F, G, & E'LY 10' D, BLK 98 CITY & TOWNSrM OF ASPEN I OF 4 0169{ONDO.D%r, DJ 625 MAIN STREET CONDOMINIUM MAP THE PURPOSE OF THIS MAP IS TO CONDOMINIUMIZE 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 CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO 625 MAIN STREET - PARCEL NO. 2727-073-32-002 BASEMENT SCALE: 1 IC - 1' - 01 SHEET INDEX j SHEET I EXISTING CONDITIONS SHEET 2 MECHANICAL - PARKING GARAGE SHEETS GROUND FLOOR -SECOND FLOOR SHEET 4 THIRD FLOOR - SECTION PLANS A STORAGE LOFT ABOVE a � ufc^f'e LOF =T L.C.E. L.C.E. GARAGE.I GARAGE GARAGE, 1 GARAGE 2 L,C.E. L.C.E. Z U L R —STORAGE STORAGE STORAGE STORAGE i LOFT ABOVE LOFT ABOVE LOFT ABOVE PARKING PARKI.�G L.C.E. SPACE1 L.C.E PACES L.C.F GARAGES — Os PARKING PARKM ur 2 PARKNG r SPACEI SPACE2 SPACE - L.CE. LC.E. L.CE GARAGF3 rAu T ue LCE PARTY LCIE (TYPICAL) PARKING GARAGE G.C.F.. _n_ J PANff LI!fE IAInT 9�' t; fJ' PARTYLAT _ 1 AI (F3TICM., _ ELEVATOR PARKM PARKING PARKING SPACE S SPACE 6 SPACE 7 �j �-ELEVATOR G'C"F. L.C.E. L.C.E. L.C.E. ►ARKINO, I 01 LOBBY SECTION 8 - $PACE4 f. I.C.F. _ LCE. _ 2 /g v v- i- ELEVATOR r--ii.r 14 G.C.E. �• mr STAIR PI G.C.E. L.C.E. If9 C nr f f 11.1 MAINT. s PARTYL 1 AC( SS G.C..E. tT - GCE. B nx frYWy ip� id.M-T ra _ tYBo ctffsT 1:2 ij > uKL� SFLTIO!I B ,,; ❑ ❑ Ax VEHICLE UNIT001 ELEVATOR G.CF-. _ �f' < STATRA G.C.E. p= C BTUrCGNTROL VALVES UNDER STAIRS f.r w G C.E. n.9 A PARKING GARAGE SCALE: I'S' - 1' • 0- B AML 625 MAIN STREET CONDOMINIUM MAP THE PURPOSE OF THIS MAP IS TO CONDOMINIUMIZE 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 CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO 625 MAIN STREET - PARCEL NO. 2727-073-32-002 A a v a.T A .r nr v er I+ STAIRq �r Ix G.CB e h 7f - h Z • - � eS UNIT 202 1 LNfT M3 /♦ WATER MECIIANICAUL4ETER ROOM I3NTSFR STAIRS G.C.F. = at ENTRY' 7 - CORRIDOR le r m1 ss © fi.C.F. © ❑ 31.T STAIR i3 ar fi.CE. st FIRE SUPPRESSION CONTROL _ k ELEVATOR 1, ROOM UNDER STAIRS G C.E ELEVATOR r LOBBY LOBBY - G.C.L. D� G.C.F. l'NIT IU_ nRF..n I.f TIWINV- fnDT (K lntt IM. y OND 101 71 B p J. C ELEVATOR •_ •� 7. FI. F.VATOR n I fr.C.F.. ELEVATOR : > C3 II SFL'fH1NB ❑ O.C.F. SFC.TK7NB 1 fI Y t 1 1. C,E L.CE. Is I f I I I f,un 3faI.I r` ! at InT'M'ALI ELEVATOR _ 1 1 j r,uln Dui STAIR e: II & ELEVATOR In rwall GC.F.. STAIR 11 I..C.F.. t 1 a r STATR al L.C.F. T h 7 :f f S AIR A: rial:un O.C.E. LNTI101 .r ' rrvf•:Au 7t B ` CORRIpOR - R _ 7 } UNIT 1M G.C.E Se! — U.t RAMP r..f SE(`310N B < UP 71 r O.C.F. • SECTION B IS J VEHICLE PARKNG PARKR/O ►ARKTNG CORRIDOR , Ie F[F.VATOR SPACE SPACE SPACE ur+ G.C.E. L.C.E. L.C.E. L.C.F. GARAOF. FXHAUST 1 9 10 FAN O.C.[ - s i r COVERED PATIO L.C.E. UNIT MI e I 4 CL.C.E�t1S.7Tia a.r 7s u. r ss� N A e 70 A GROUND FLOOR SECOND FLOOR SCALE: 11-- 1'. 0' SCALE: I'S-- 1'-Il m G W r 0 ` 0 SHEET INDEX SHEET 1 EXISTING CONDITIONS 10 ° SHEET 2 MECHANICAL - PARKING GARAGE R R" NO. ORr von NO. e. ft^7n+no. SHEET 3 GROUND FLOOR - SECOND FLOOR LION 625 MAIN ASPEN, LLC. • ' CRY OF ASPEN. COLORADO 07016E SHEET 4 THIRD FLOOR -SECTION PLANS PEAK �� 7Surveying. S 625 MAIN STREET CONDO MAP Inc. Deem LOTS E. F, G, & E'LY 10' D. BLK 98 r11, P.O. P— 1176 - Rifk. CO S I D W CITY & TOWNSITE OF ASPEN Pm,D M70)D25-In4-F.(970) 30F4 mn. rarnwlamla ev orrr - a�v.pol.aunerinli�wsam 016&CONDO.DV,Y'i 5 MAIN STREET COND MINIUM MAP 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 CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO 625 MAIN STREET - PARCEL NO.2727-073-32-002 THIRD FLOOR SCALE: I','- I' - 0' SHEET NDEX SHEET I EXISTING CONDITIONS SHEET 2 MECHANICAL - PARKING GARAGE SHEET) GROUND FLOOR -SECOND FLOOR SHEET 4 THIRD FLOOR - SECTION PLANS SECTION A SCALr 1 ,S' - 1' - 0- A ELEaHIGE VATKSN -111L. A PATIO I y L.C.E. UNFF MI IIAIR 11 LWIT )tll o C.E. THIRD FIOOR €LF.VAfloN- JS.1� UNIT ml _� A SECYP\'D FLtXM I ELEVA710N-79T6.93' i' m ¢ r, C G G; UNIT 101 < kLk VATOR ELEVATOR #1 SI /`f.0.0lNO Fi1)ORFMSH FLOOR VEIHCLE L.0 E. G.C.E. EIEV'ATIO-791T.5T' ELEVATOR G.C.E. E - . EVATO ELECTRI lowal RGGM t G.C.F. G.C.E. 0 PARKTNG GAR AGI ELEVATION - 799i.41' SySu #L 0 MEC7U.NTC ROOM EFRIATHI\ - TY59.6B arn�r'T�wT n A SCALE: IB— V.0' I N( Ro". ELEVATION - 7951 TIHRD FLOOR Ak ELEVATION - 793R77 SECOND FLOOR Ah ELEVATION - 7926.97' GROUND FLOOR FINISH FLOOR A FVATKM - 791535 PARK- GARAIE ELEVATION-75 d l MECHANICAL ROOM ELEVATKR9 - 7559.66' UNIT MI II C.C.E. UNIT IM x PAM ruL T"Pk'wL� UNIT 10? GARAGE LNrr 501 L.C.E. BEYOND PARKING PARKOK: HANINCAP SPACE S SPACE 7 ►AIIKRR'. L.C.E. L.C.E. SPACE'/ Ll-