HomeMy WebLinkAboutLanduse Case.CO.625 E Main St.0002.2013.ASLU 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
EXHIBIT 1
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Jessica Garrow—970.429.2780 DATE: 11.23.2012
PROJECT: 625 E Main, Condominiumization
REPRESENTATIVE: Adam Roy, 925-3444
TYPE OF APPLICATION: Condominiumization
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:
hffp://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Applications-and-Fees/
A copy of the Land Use Code is available online at:
hftp://www.aspenpitkin.GomlDepartments/Community-Development/Planning-and-ZoningfTiUe-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.
COMMUNITY DEVELOPMENT DEPARTMENT
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/engineednq/survey%20checklists/CondominiumPlatSurveyCheckiist 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.
November, 2011 City of Aspen 1 130 S. Galena St. 1 (970) 1
EXHIBIT 2
Land Title Guarantee Company
Laid-�'R CUSTOMER DISTRIBUTION
LQt d !IIIG
GUA0.ANM COMPANY
W W W.trcc.com
Date: 08-29-2012 Our Order Number: QTF62004748-2
Property Address:
625 E MAIN ST ASPEN, CO 81611
If you have any inquiries or require further assistance,please contact one of the numbers below.
For Closing Assistance: For Title Assistance:
Leslie Boyer Aspen Title"QT"Unit
533 E HOPKINS#102 Kurt Beereboom
ASPEN,CO 81611 533 E HOPKINS#102
Phone:970-925-1678 ASPEN,CO 81611
Fax: 800-318-8202 Phone:970-925-1678
EMail: lboyer @ltgc.com Fax: 970-925-6243
EMail: kbeereboom @ltgc.com
625 MAIN ASPEN LLC LAND TITLE GUARANTEE COMPANY
106 W GERMANIA PL#230 533 E HOPKINS#102
CHICAGO IL 60610 ASPEN,CO 81611
Attn: 625 MAIN ASPEN LLC Attn: Leslie Boyer
Phone: 970-925-1678
Fax: 800-318-8202
Copies: 1
EMail: lboyer@ltgc.com
GARFIELD&HECHT PC*TMX* WAAS CAMPBELL RIVERA JOHNSON&VELASQUEZ LLP*TMX
601 E HYMAN AVE 420 E MAIN ST#210
ASPEN,CO 81611 ASPEN,CO 81611
Attn: CHRIS LACROIX Attn: J BART JOHNSON
Phone: 970-925-1936 Phone: 970-544-4602
Fax: 970-925-3008 Fax: 866-492-0361
EMail:clacroix @garfieldhecht.com EMail:johnson @wcrlegal.com
Sent Via EMail Sent Via EMail
09.30.12
Land Title Guarantee Company
Land Date: 08-29-2012
La d Our Order Number: QTF62004748-2
aLMAWR COMPANY
WNW.LTC C.COY
Property Address:
625 E MAIN ST ASPEN, CO 81611
Owner:
625 MAIN ASPEN, LLC, A COLORADO LIMITED LIABILITY COMPANY
Wire Information:
Bank:ALPINE BANK
600 E HOPKINS
ASPEN, CO 81611
Phone:
Credit.
ABA No.:102103407
Account:2020010529
Attention:Leslie Boyer
******************************************************************
Note: Once an original commitment has been issued, any subsequent
modifications will be emphasized by underlining.
Need a map or directions for your upcoming closing? Check out Land Title's web site at www.ltgc.com
for directions to any of our 54 office locations.
ESTIMATE OF TITLE FEES
ALTA Loan Policy 06-17-06 (Const. Loan) $2,153.00
Tax Report $25.00
TOTAL $2,178.00
F.-CONTACT.L (8/2003) THANK YOU FOR YOUR ORDER!
First American Title Insurance Company
ALTA COMMITMENT
Our Order No. QTF62004748-2
Schedule A Cust. Ref.:
Property Address:
625 E MAIN ST ASPEN, CO 81611
1. Effective Date: August 21. 2012 at 5:00 P.M.
2. Policy to be Issued, and Proposed Insured:
"ALTA" Loan Policy 06-17-06 $2,000,000.00
Proposed Insured:
BOULDER BLEW FUNDING LLC, A COLORADO LIMITED LIABILITY COMPANY, ITS
SUCCESSORS AND/OR ASSIGNS
3. The estate or interest in the Land described or referred to in this Commitment and covered herein is:
A Fee Simple
4. Title to the estate or interest covered herein is at the effective date hereof vested in:
625 MAIN ASPEN, LLC, A COLORADO LIMITED LIABILITY COMPANY
5. The Land referred to in this Commitment is described as follows:
LOTS E,F, G AND THE EASTERLY 10 FEET OF LOT D, BLOCK 98, CITY AND TOWNSITE OF
ASPEN.
LOTS 5,6, 7 AND THE EASTERLY 10 FEET OF LOT 4, BLOCK 29, EAST ASPEN ADDITIONAL
TOWNSITE.
COUNTY OF PITKIN, STATE OF COLORADO.
ALTA COMMITMENT
Schedule B- Section 1
(Requirements) Our Order No. QTF62004748-2
The following are the requirements to be complied with:
Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or
interest to be insured.
Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record,
to-wit:
Item (c) Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due
and payable.
Item (d) Additional requirements, if any disclosed below:
1. A FULL COPY OF THE FULLY EXECUTED OPERATING AGREEMENT AND ANY AND ALL
AMENDMENTS THERETO FOR 625 MAIN ASPEN, LLC, A COLORADO LIMITED LIABILITY
COMPANY MUST BE FURNISHED TO LAND TITLE GUARANTEE COMPANY. SAID AGREEMENT
MUST DISCLOSE WHO MAY CONVEY, ACQUIRE, ENCUMBER, LEASE OR OTHERWISE DEAL
WITH INTERESTS IN REAL PROPERTY FOR SAID ENTITY.
NOTE: ADDITIONAL REQUIREMENTS MAY BE NECESSARY UPON REVIEW OF THIS
DOCUMENTATION.
2. DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE
NAME OF 625 MAIN ASPEN, LLC, A COLORADO LIMITED LIABILITY COMPANY AS A
LLC. THE STATEMENT OF AUTHORITY MUST STATE UNDER WHICH LAWS THE ENTITY WAS
CREATED, THE MAILING ADDRESS OF THE ENTITY, AND THE NAME AND POSITION OF
THE PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR
OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF THE ENTITY AND
OTHERWISE COMPLYING WITH THE PROVISIONS OF SECTION 38-30-172, CRS.
NOTE: THE STATEMENT OF AUTHORITY MUST BE RECORDED WITH THE CLERK AND
RECORDER.
3. RELEASE OF DEED OF TRUST DATED MAY 12, 2006 FROM ASPEN MAIN STREET
PROPERTIES LP TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF ALPINE
BANK TO SECURE THE SUM OF $4,720,000.00 RECORDED MAY 15, 2006, UNDER
RECEPTION NO. 524049.
4. RELEASE OF DEED OF TRUST DATED JULY 31, 2007 FROM ASPEN MAIN STREET
PROPERTIES LP TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF ALPINE
BANK TO SECURE THE SUM OF$2,600,000.00 RECORDED AUGUST 08, 2007, UNDER
RECEPTION NO. 540771.
ALTA COMMITMENT
Schedule B- Section 1
(Requirements) Our Order No. QTF62004748-2
Continued:
5. RELEASE OF DEED OF TRUST DATED DECEMBER 03, 2007 FROM ASPEN MAIN STREET
PROPERTIES LP TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF ALPINE
BANK TO SECURE THE SUM OF$3,777,000.00 RECORDED DECEMBER 21, 2007, UNDER
RECEPTION NO. 545157.
6. DEED OF TRUST FROM 625 MAIN ASPEN, LLC, A COLORADO LIMITED LIABILITY
COMPANY TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF BOULDER
BLEW FUNDING LLC, A COLORADO LIMITED LIABILITY COMPANY TO SECURE THE SUM
OF$2,000,000.00.
7. (ITEM INTENTIONALLY DELETED)
ALTA COMMITMENT
Schedule B- Section 2
(Exceptions) Our Order No. QTF62004748-2
The policy or policies to be issued will contain exceptions to the following unless the same are disposed
of to the satisfaction of the Company:
1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an
inspection of the Land or that may be asserted by persons in possession of the Land.
2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the Land and not shown by the Public Records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not
shown by the Public Records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records
or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record
for value the estate or interest or mortgage thereon covered by this Commitment.
6. Any and all unpaid taxes, assessments and unredeemed tax sales.
7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof;
(c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by
the Public Records.
8. RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEED FROM THE CITY OF
ASPEN RECORDED APRIL 25, 1888 IN BOOK 59 AT PAGE 426 AND RECORDED IN BOOK
59 AT PAGE 562.
9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES
AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 29, 1958, IN BOOK 185
AT PAGE 69.
10. TERMS, CONDITIONS AND PROVISIONS OF MULTIPURPOSE EASEMENT RECORDED 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,
Wt SAW X-NE D
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Cl*f � OF�SP'N
COMMUNITY DEVELOPMENT
625 EAST MAIN STREET
REDEVELOPMENT
Condominium Plat Application
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 1
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
The associated P&Z Resolution No. 7, Series of 2011, City Council Ordinance 12, 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 26.480.090.6
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
Exhibit 11. Insubstantial Amendment to PUD
Exhibit 12. Vicinity Map
Exhibit 13. 625 East Main Condominium Plat
A
SHEET INDEX 625 MAIN STREET CONDOMINIUM MAP .,„ ? - -
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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, then your application has been deemed complete
to begin the land use review process.
Other submission items may be requested throughout the review process as deemed necessary by
the Community Development Department. Please contact me at 429-2759 if you have any
questions.
Thank You,
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 JUNE 28,
2012 UNDER RECEPTION NO. 590240.
20. TERMS CONDITIONS AND PROVISIONS OF UTILITY AND LANDSCAPE AGREEMENT
RECORDED AUGUST 14 2009 AT RECEPTION NO. 561967 AS AMENDED BY SUPPLEMENT
TO THE AGREEMENT RECORDED TULY 19, 2012 UNDER RECEPTION NO. 590717.
21. TERMS CONDITIONS AND PROVISIONS OF SOIL NAILING AGREEMENT AND EASEMENT
RECORDED AUGUST 14, 2009 AT RECEPTION NO. 561968 AND AMENDED BY THE FIRST
AMENDMENT TO THE SOIL NAILING AGREEMENT RECORDED.TUNE 24. 2010 UNDER
RECEPTION NO. 571021
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)
ALTA COMMITMENT
Schedule B- Section 2
(Exceptions) Our Order No. QTF62004748-2
The policy or policies to be issued will contain exceptions to the following unless the same are disposed
of to the satisfaction of the Company:
25. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION#7-11 RECORDED MARCH 16,
2011 AT RECEPTION NO. 578389.
26. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE# 12, SERIES OF 2011 RECORDED
MAY 17, 2011 AT RECEPTION NO. 579930.
27. TERMS, CONDITIONS AND PROVISIONS OF NOTICE OF APPROVAL RECORDED JUNE 30,
2011 AT RECEPTION NO. 580888.
28. TERMS, CONDITIONS AND PROVISIONS OF SUBDIVISION IMPROVEMENT AGREEMENT
RECORDED AUGUST 02, 2011 AT RECEPTION NO. 581599.
29. TERMS, CONDITIONS AND PROVISIONS OF AMENDED AND RESTATED LOT LINE AND
EASEMENT AGREEMENT RECORDED SEPTEMBER 23, 2011 AT RECEPTION NO. 582977.
30. (ITEM INTENTIONALLY DELETED)
31. (ITEM INTENTIONALLY DELETED)
LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY- GRAND JUNCTION
DISCLOSURE STATEMENTS
Note: Pursuant to CRS 10-11-122, notice is hereby given that:
A) The subject realproperty may be located in a special taxingdistrict.
B) A Certificate of Taxes DDue listing each taxing jurisdiction-shall be obtained from the County
Treasurer or the County Treasurers authorized agent.
C) The information regarding special districts and the boundaries of such districts may be obtained from
the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor.
Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing
in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom
margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that
does not conform, except that, the requirement for the top margin shall not apply to documents using forms
on which space is provided for recording or filing information at the top margin of the document.
Note: Colorado Division of Insurance 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 o 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 rotection for the Owner may be available (typicall by deletion
of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner s Policy to be
issued) upon compliance with the following conditions:
A) The land described in Schedule A of this commitment must be a single family residence which
includes a condominium or townhouse unit.
B) No labor or materials have been furnished by mechanics or material-men for purposes of
construction on the land described in Schedule A of this Commitment within the past 6 months.
C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed
mechanics and material-men's liens.
D) The Company must receive payment of the appropriate premium.
E) If there has been construction, improvements or major repairs undertaken on the property to be purchased
within six months prior to the Date of the Commitment, the requirements to obtain coverage
for unrecorded liens will include: disclosure of certain construction information; financial information
as to the seller, the builder and or the contractor; payment of the appropriate premium fully
executed Indemnity Agreements satisfactory to the company, and, any additional requirements
as may be necessary after 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, leased, or otherwise
conveyed from the surface estate and that there is a substantial likelihood that a third party
holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and
B) That such mineral estate may incrude the right to enter and use the property 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' 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
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
Cora-itment for Title Insuran.—
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 www.alta.org
FIRST AMERICAN TITLE INSURANCE COMPANY
Issued by:
LAND TITLE GUARANTEE COMPANY
3033 EAST FIRST AVENUE
SUITE 600
PO BOX 5440 (80217)
DENVER, CO 80217
Dennis J.Gilmore
President
AMEJUCAN
LAND TITLE
ASSOCIATION
A horized Offictir or Agent
Timoth Kemp
CC.FA.O6 Secretary ry
EXHIBIT 3
January 8, 2013
Chris Bendon
Director of Community Development
City of Aspen
130 S. Galena Street, V 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, €
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Jeffrey Cardot
625 Main Aspen, LLC
1482 East Valley Road, suite 463
Montecito, CA 93108
312.543.0033 j
I
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
REPRESEN-rATivE:
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 ❑ Temporary Use
❑ GMQS Allotment ❑ Final PUD(&PUD Amendment) ❑ Text/Map Amendment
❑ Special Review ❑ Subdivision ❑ Conceptual SPA
❑ ESA—8040 Greenline,Stream ❑ Subdivision Exemption(includes ❑ Final SPA(&SPA
Margin,Hallam Lake LQluff, condominiumization) Amendment)
Mountain View Plane
❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/
Expansion
❑ Residential Design Variance ❑ Lot Line Adjustment ® Other:
El Conditional Use Condominium Plat
EXISTING CONDITIONS: (description of existing buildings,uses,previous approvals,etc.)
Completed mixed-use building.
PROPOSAL: (description of proposed buildings,uses,modifications,etc.)
Recordation of Condominium Plat
Have you attached the following? FEES DUE:S 995
® Pre-Application Conference Summary
® Attachment#1,Signed Fee Agreement
® Response to Attachment#3,Dimensional Requirements Form
® Response to Attachment 94,Submittal Requirements-Including Written Responses to Review Standards
❑ 3-D Model for large project
All plans that are larger than 8.5"X 11"must be folded. A disc:with an electric copy of all written text
(Microsoft Word Format)must be submitted as part of the application. Large scale projects should include an
electronic 3-D model. Your pre-application conference summary will indicate If you must submit a 3-D model.
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: Existing:9,987 sq. ft.proposed. 9,417 sq.ft.
Number of residential units: Existing:5 Proposed.• 5
Number of bedrooms: Existing:15 Proposed: 15
Proposed%of demolition(Historic properties only): N/A
AS NO HEIGHT OR FLOOR AREAS ARE BEING CHANGED,PLEASE REFER TO THE AT-
DIMENSIONS: TACHED RESOLUTION 7-11 AND ORDINANCE 12-11 FOR 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 Praposed: N/A
Buildings
Existing non-conformities or encroachments: N/A
Variations requested: N/A
EXHIBIT 6
COMMUNrry DEVELOPMEM, DEPARTMENT
Agreement to Pay Application Fees
Anagreement between the City of Aspen `City") and
Property 625 Main Aspen,LLC Phone No.: 312.543.0033
Owner(9"): Email: jeffcardot @gmail.com
Address of Billing 625 East Main Street,Unit 204
Property: 625 East Main Street Address:
(subject of Aspen,CO.81611 (send bills here) Aspen,CO.81611
application)
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 information to enable
legally required findings to be made for project consideration,unless invoices are paid in full.
The City and I understand and agree that invoices mailed by the City to the above listed billing address and not
returned to the City shall be considered by the City as being received by me. 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.
$ S26S deposit for 1 hours of Engineering Department staff time.Additional time above the deposit
amount will be billed at$265 per hour.
City of Aspen: Pro erty Owner:
lka� LA
Chris Bendon I V. ��,
Community Development Director Na /�• " r
City Use: Title:_ ?,V-A
Fees Due:$ Received:$
November,2011 City of Aspen 1130 S.(41lemt St,1(970)920-5090
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 Ieasable 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 Doe Code RESOLUTION
Janice K.Vos Caudill, Pitkin County,CO
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND
ZONING COMMISSION AS FOLLOWS:
Section 1•Aanroval
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 s
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 III a of 1%ownership interest in the lot on which the units are situated to APCHA.
The APCHA ownership interest shall be in perpetuity or until such time as the units are
converted to ownership units, or the statutory restriction on rent control units is eliminated.
The units are to be ownership units sold through the lottery system after the initial sale, subject
to the following conditions:
a. The developer shall have the right to sell to a fully qualified household of its choice for the
initial sale only. The units shall be specified in the deed restriction at a Category 4 but sold
for$305,000($15,000 under the maximum Category 4 sales price stated in the Guidelines).
The qualified household must meet the minimum occupancy requirement for the unit (a
household of three with at least one dependent as defined in the Guidelines),no higher than
a Category 4 as specified in the Guidelines,and a minimum work history in Pitkin County
of four years prior to application. All other conditions for a qualified employee must be
adhered to as well.
b. Since the project is a mixed commercial/free-market/deed-restricted project,the assessments
shall be determined as stated in#2 below and approved by APCHA. This language shall be
required in the approval and in the Covenants associated with the project. No changes to
this restriction would be allowed without APCHA's approval.
2. The units shall be completed with a Certificate of Occupancy and be listed for sale at the initial
price given above prior to the closing of any sale of a free-market unit.
3. The deed-restriction shall be recorded at the time of recordation of the Condominium Plat and
prior to Certificate of Occupancy.
4. Each Affordable Housing Unit shall be assigned as least one(1)parking space in the sub-grade
garage.
Section 8: Water Department Requirements
The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and
with the applicable standards of Title 8 (Water conservation and Plumbing Advisory Code) of
the Aspen Municipal Code, as required by the City of Aspen Water Department. Each of the
units within the building shall have individual water meters.
Section 9: Sanitation District Requirements
Service is contingent upon compliance with the District's rules, regulations, and specifications,
which are on file at the District office. ACSD will review the approved Drainage plans to assure
that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the
sanitary sewer system.
Reso 7,Series 2011
Page 4 of 7
On-site utility plans require approval by ACSD. Oil and Grease interceptors (NOT traps) are
required for all food processing establishment. Locations of food processing shall be identified
prior to building permit. Even though the commercial space is tenet finish,interceptors will
be required at this time if food processing establishments are anticipated for this project.
Oil and Sand separators are required for parking garages and vehicle maintenance
establishments. Driveway entrance drains must drain to drywells. Elevator shafts drains must
flow thru o/s interceptor
OId 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 tine.
Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans
will require approval by ACSD where soft and hard landscaping may impact public ROW or
easements to be dedicated to the district.
All ACSD fees must be paid prior to the issuance of a building permit.
The glycol heating and snow melt system must be designed to prohibit and discharge of glycol to
any portion of the public and private sanitary sewer system. The glycol storage areas must have
approved containment facilities.
Soil Nails are not allowed in the public ROW above ASCD main sewer lines.
Section 10: Exterior Lighting
All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to
Land Use Code Section 26.575.150, Outdoor Lighting.
Section 11: Landscapine
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 shalt be conducted and concluded under such prior ordinances.
Section 17•
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 8th day of
March,2010.
Reso 7,Series 2011
Page 6 of 7
APPROVED AS TO FORM: PLANNING AND ZONING
COMMISSION:
ity Attorney Stan Gibbs,Chair
ATTEST:
aypx�
ackie Lothian,Deputy City Clerk
Reso 7, Series 2011
Page 7 of 7
EXHIBIT El
ORDINANCE N0. 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 Townsite of Aspen,and Lots 5,
6, 7 and the Easterly 10 feet of Lot 4, Block 29, East Aspen Additional Townsite, County of
Pitkin,State of Colorado(the"Property");and,
WHEREAS, upon review of the application, and the applicable code standards, the
Community Development Department recommended approval with conditions, of the proposed
subdivision and associated land use requests;and,
WHEREAS, during a duly noticed public hearing on March 8, 2011, the Planning and
Zoning Commission approved Resolution No. 7, Series of 2011, by a four to zero (4 — 0) vote,
approving an amendment to a growth management development order,two Growth Management
Reviews for the development of a mixed-use building that includes commercial space, office
space, free-market housing, and affordable housing, and recommending that City Council
approve with conditions an amendment to a subdivision development order, Planned Unit
Development, and rezoning for the Property; and,
WHEREAS,on April 11,2011 the Aspen City Council approved Ordinance No. 12, Series
2011, on First Reading by a five to zero (5-0) vote, approving with conditions an amendment to a
subdivision development order,Planned Unit Development,and rezoning of the Property;and,
WHEREAS,during a public hearing on April 25,2011, the Aspen City Council approved
Ordinance No. 12, Series 2011, by a four to one (4-1) vote, approving with conditions an
RECEPTION#:579930,05117/2011 at Ordinance 12, Series 2011
09:19:31 AM, Page 1
1 OF 8, R $46.00 Doc Code ORDINANCE g
Janice K.Vas 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,
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 BY THE CITY COUNCIL OF THE CITY OF
ASPEN AS FOLLOWS:
Section l: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 201 I,aII 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.
Ordinance 12, Series 2011
Page 2 --
Dimensional Requirement Proposed Dimensional Requirements
Free Market Net Livable Area(NLA): 8,022 sf
Above-Grade Commercial Net Leasable Area
Free-Market Net Livable to (NLA): 7,869 sf
Commercial Net Leasable Ratio The ratio is not met by 153 sf(There is 153 sf
more Free-Market NLA than Commercial
NLA).
Unit A. 2,658 sf
Maximum Residential Unit Size(Sq. Unit B.2,837 sf
Ft.) Unit C.2,527 sf
Total size: 8,022 s
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{
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 I/W 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 based on the differential between the price values of the free-market
component compared to the deed-restricted component and approved by APCHA. This
language shall be required in the approval and in the Covenants associated with the project.
No changes to this restriction would be allowed without APCHA's approval. Voting rights
shall be based on one vote per unit.
2. The units shall be completed with a Certificate of Occupancy and be listed for sale at the initial
price given above prior to the closing of any sale of a free-market unit.
3. The deed-restriction shall be recorded at the time of recordation of the Condominium Plat and
prior to Certificate of Occupancy.
4. Each Affordable Housing Unit shall be assigned as least one(1)parking space in the sub-grade
garage.
Section 8: Water Department Requirements
The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and
with the applicable standards of Title 8 (Water conservation and Plumbing Advisory Code) of
the Aspen Municipal Code, as required by the City of Aspen Water Department. Each of the
units within the building shall have individual water meters.
Ordinance 12, Series 2011
Page 4
Section 9: Sanitation District Requirements
Service is contingent upon compliance with the District's rules, regulations, and specifications,
which are on file at the District office. ACSD will review the approved Drainage plans to assure
that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the
sanitary sewer system.
On-site utility plans require approval by ACSD. Oil and Grease interceptors (NOT traps) are
required for all food processing establishments. Locations of food processing shall be identified
prior to building permit. Even though the commercial space is tenant finish,interceptors will
be required at this time if food processing establishments are anticipated for this project.
Oil and Sand separators are required for parking garages and vehicle maintenance
establishments. Driveway entrance drains must drain to drywells. Elevator shafts drains must
flow through the oil/sand interceptor
Old service lines must be excavated and abandoned at the main sanitary sewer line according to
specific ACSD requirements. Below grade development may require installation of a pumping
system.
One tap is allowed for each building. Shared service line agreements may be required where
more than one unit is served by a single service line.
Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans
will require approval by ACSD where soft and hard landscaping may impact public ROW or
easements to be dedicated to the district.
All ACSD fees must be paid prior to the issuance of a building permit.
The glycol heating and snow melt system must be designed to prohibit and discharge of glycol to
any portion of the public and private sanitary sewer system. The glycol storage areas must have
approved containment facilities.
Soil Nails are not allowed in the public ROW above ASCD main sewer lines.
Section 10: Exterior Lighting
All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to
Land Use Code Section 26.575.150, Outdoor Lighting.
Section 11: Landscaping
Planting in the Public Right of way will be subject to Landscaping in the ROW requirements.
Improvements to the ROW should include new grass,irrigation and the applicant shall work with
the Parks Department in order to design an appropriate trench box for the new tree plantings.
The trench box or infrastructure for the sidewalk may require the use of new technologies which
allow for structural support of a sidewalk and contribute to the growth and health of the tree
roots. Tree plantings boxes are not approved for the landscaping in the right of way. Final
Ordinance 12, Series 2011
Page 5
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•Parkins
The Applicant shall provide a minimum of thirteen(13) sub-grade parking spaces to be accessed
from the alleyway via a car lift, and three (3) exterior parking spaces to be access from the
alleyway. The Applicant shall assign at least one (1) sub-grade parking space for each
Affordable Housing unit.
Storage areas may be added to the parking stalls and the stalls may be enclosed in the future, as
long as the parking spaces meet the minimum dimensions as outlined in the Municipal Code.
Section 16:Financial Assurances
The Owner commits and agrees that before a Building Permit is issued for any phase associated
with the continuation of construction for the project at 625 East Main Street by Ordinance,the
Owner shall provide to the City Building Department and the City Attorney for review and
approval satisfactory evidence that the Owner has in place sufficient financing to accomplish and
complete the construction related to the Building Permit being sought,including all private and
Ordinance 12, Series 2011
Page 6
public improvements covered by the Building Permit,and all public improvements required
under the Subdivision/PUD Agreement.
Supporting cost estimates for all improvements covered by the requested Building Permit shall
be prepared by the Owner's General Contractor and shall be delivered to the City Building
Department for review and approval before the Building Permit is issued.
A Certificate of Occupancy(CO)or a Conditional Certificate of Occupancy(CCO)shall not be
issued for the project until the public improvements associated with the sidewalk area to the
north of the property and any other additional public improvements that are required under the
new Building Permit have been completed.
Section 17•
All material representations and commitments made by the Applicant pursuant to the development
proposal approvals as herein awarded,whether in public hearing or documentation presented before
the Planning and Zoning Commission or City Council, are hereby incorporated in such plan
development approvals and the same shall be complied with as if fully set forth herein, unless
amended by an authorized entity.
Section IS:
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 1 lth day of April,2011.
4ffdtar
ichael Ir d,Mayor
ATTEST:
Kathryn S.VIi,City Clerk
Ordinance 12, Series 2011
Page 7 t
FINALLY,adopted,passed and approved this 25th day of April,2011.
Mich el Ireland,Mayor
ATTEST:
Kathryn S.K ,City Clerk
APPROVED AS TO FORM:
.Worcester,City Attorney
Ordinance 12, Series 2011
Page 8
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
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:
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Chris Bendon Date
Community Development Director
Attachments:
Exhibit A—Design approved through this amendment
Exhibit B—Previously approved design(from 2007)
Exhibit C—Staff Review Criteria
9
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Exhibit C: Staff Findings
26.412.080 Amendment of Commercial Design Review Approval
A. Insubstantial Amendment
An insubstantial amendment to a Commercial Design Review approval may be
authorized by the Community Development Director if:
1. The change is in conformance with the Design Standards, Section 26412.060, the
change represents a minimal 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.
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
construction in early 2007. However, construction was halted in the fall of 2008, at which time
the owner sought to sell the property. At the cessation of construction, a substantial portion of
the foundation and structural work had been completed.
In 2010 the Applicant purchased the property, and proposed a number of changes to the original
approval that included such issues as a reduction in density, a reduction in off-street parking, an
increase in net leasable area, the elimination of a fourth level roof deck, and a reduction in the
building's height and mass. City Council granted the Applicant an amendment to the
Subdivision Development Order, Planned Unit Development, and Rezoning of this property
reflecting these changes on May 11, 2011 through Ordinance No. 12, Series of 2011. The
development was approved as a mixed-use building permitting 9,988 sf of total net leasable
space, two affordable housing rental units, and three free-market residential units totaling 8,022
sf.
RECEPTION#:593605,1013112012 at
03:26:56 PM,
1 1 OF 5, R $31.00 Doc Code APPROVAL
Janice K.Vas Caudill, Pitkin County, CO
The Applicant elected to use 7,869 sf of the approved net leasable space as commercial space
between the building's first and second floors, with additional 2,118 sf used in the basement
area;a total of 9,987 sf of net leasable space was used for the entire property.
This created a situation where the proposed net leasable above-grade space (7,869 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
2
Code Section 1014, Exit Access. The removal of the second floor mechanical room and the
combination of this space with the second level commercial space is a rational use of the floor
plan,given that the proposed mechanical room is not needed for this development.
The proposed net leasable space totaling 9,417 sf does not maximize the total approved net
leasable space of 9,988 sf for the entire development. The right to expand the commercial net
leasable to 9,988 sf shall remain and the owner will be permitted to recombine these separate
first floor spaces into one contiguous commercial space. Any such changes will require a
building permit prior to construction,but shall not require additional mitigation.
DECISION: The Community Development Director finds the Administrative Application
for an Insubstantial PUD Amendment, as noted above, to be consistent with the review
criteria (Exhibit C) and thereby,APPROVES the request.
APP VED BY:
Chris Bendon, Community Development Director Date
Attachments:
Exhibit A: Site Plan(Recorded)
Exhibit B: Net Leasable Area Plan(Recorded)
Exhibit C: Review Criteria/Staff Findings(In file)
Exhibit D: Application(In file)
3
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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 filet.
2. An increase by greater than three percent (3%) in the overall coverage of structures on
the land.
Staff Response: The proposed amendment does not involve the increase in the overall
coverage of structures on the land. 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 will have Ito impact on trip generation rates
to the development Staff finds this criterion to he met.
4. A reduction by greater than three percent(3%)of the approved open space.
Staff Response: The proposed amendment has no impact on the amount of approved
open space associated with the development Stafffrnds the criterion to be met.
5. A reduction by greater than one percent(I%)of the off-street parking and loading space.
Staff Response: The proposed amendment has if impact on the amount of off-street
parking,nor does it change any approved loading space associated with the
development. Staff flints this criterion to be met.
6. A reduction in required pavement widths or rights-of-way for streets and easements.
Staff Response: The proposed amendment has no effect on the size of the pavement
widths or rights-of-fvay for streets and easements Staff finds this criterion to be met.
7. An increase of greater than two percent (2 1/o) in the approved gross leasable floor area of
commercial buildings.
1
Staff Response: There is no net leasablefYoor area increase associated with the
proposed PUD amendment. Staff finds this criterion to be(net.
8. An increase by greater than one percent(I%)in the approved residential density of the
development.
Staff Response: The proposed amendment involves no increase in the approved
residential density of the development. Staffflnds this criterion to be met.
9. Any change which is inconsistent with a condition or representation of the project's
original approval or which requires granting a variation from the project's approved use
or dimensional requirements,
Staff Response: The amendment is consistent with the project's original approval. The
proposal(toes request a variation from the approved dimensional requirements,
however this deals with an internal reconflguration of the net leasable space, and does
not affect the external building dimensions Tlie 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. Staffflnds 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. The vested property right
shall expire on the day after the third anniversary of the effective date of this Order, unless the
change is accomplished or a building permit is approved pursuant to Section 26.304.075, or
unless an exemption,extension,reinstatement,or a revocation is issued by City Council pursuant
to Section 26.308.010. After Expiration of vested property rights,this Order shall remain in full
force and effect, excluding any growth management allotments granted pursuant to Section
26.470,but shall be subject to any amendments to the Land Use Code adopted since the effective
date of this Order.
This Development Order is associated with the property noted below for the site-specific
development plan as described below.
Property Owner's Name,Mailing Address and telephone number:
625 Main Aspen LLC, 1482 East Valley Road,Suite 463,Montecito,CA 93108.
Leval Descrintion 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 DescAption of the Site Specific Plan and/or Attachment Describing Plan:
An administrative Tnsubstantial 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 administrative approval of this development on
October 29,2012,
Effective Date of Development Order,
November 1,2012.
Expiration Date of Development Order:
November 1,2015.(The extension,reinstatement,exemption from expiration and revocation may
be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.)
Issued this 29`x`of October 2012,by the City of Aspen Community Development Director.
dw�L
Chris Bendon
Community Development Director
City of Aspen
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EXHIBIT 13
625 MAIN STREET CONDOMINIUM MAP
THE PURPOSE OF THIS MAP IS TO CONDOMINIUMIZE
SHEET I EXISTING CONDITIONS
SHEET MECHANICAL-PARKING GARAGE LOTS E,F, G AND THE EASTERLY 10 FEET OF LOT D,BLOCK 98,CITY AND TOWNSITE OF ASPEN, - ;
SHEET 3 GROUND FLOOR-SECOND FLOOR f
LOTS 5, 6, 7 AND THE EASTERLY 10 FEET OF LOT 4, BLOCK 29,EAST ASPEN ADDITIONAL TOWNSITE
SHEET 4 THIRD FLOOR-SECTION PLANS >
CITY OF ASPEN,COUNTY OF PITKIN, STATE OF COLORADO
625 MAIN STREET-PARCEL NO. 2727-073-32-002
TITLE EXCEPTION NOMS: �/ ~
iNF,iCALDwING 0.El'fMUED INSTRUMENTS ARE USTED 1.4 SCNEMILE&2 OF THE
1TICE INRt3RANCTE--E`Vff`xTEDONWIITPREPARATIOtI Oi li114 � *L•F�$3 r/r T^ I Ae.{
CONDEMINRM MM AND ARE UP)KTPD IIERLSW TO DIE(.%TENT NOTCD BEU)W'.
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LOTS 5, 6, 7 AND THE EASTERLY 10 FEET OF LOT 4,BLOCK 29,EAST ASPEN ADDITIONAL TOWNSITE
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LOTS 5, 6, 7 AND THE EASTERLY 10 FEET OF LOT 4,BLOCK 29,EAST ASPEN ADDITIONAL TOWNSITE
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RECEPTION#: 581599, 08/02/2011 at 09:06:02 AM, 1 OF 17, R $91.00
Janice K. Vos Caudill, pitkin County, CO
EXHIBIT 107]
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 i unicipal
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
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Property. On April 25, 2011, the Aspen City Council approved Ordinance No. 12, Series 2011
("2011 Ordinance") and together with the 2011 Resolution, ("2011 Approvals7% approving with
conditions an amendment to a subdivision development order, Planned Unit Development, and a
rezoning of the Property,subject to certain conditions.
G. Pursuant to the requirements of the Aspen City Council pursuant to the 2011
Ordinance, Owner desires to enter into this Agreement pursuant to Section 26.480, Subdivision,
and Section 26.445,Planned Unit Development,of the Code.
Agreement
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
herein contained, the approval, execution, and acceptance of this Agreement for recordation by
the City, and for other good and valuable consideration, the receipt and sufficiency 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.
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 11.
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
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condominium map certifies that it complies with all requirements of the Colorado Common Interest
Ownership Act.
2.4. Recordine. 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
Commercial Net Leasable Ratio Above-Grade Commercial Net Leasable Area
(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)
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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
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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 ($15,000 under the maximum Category 4 sales price stated in the current
APCHA Guidelines). The qualified household must meet the minimum occupancy
requirement for the unit as defined in the APCHA Guidelines, no higher than a Category
4 as specified in the APCHA Guidelines, and a minimum work history in Pitkin County
of four years prior to application. All other conditions for a qualified employee must be
adhered to as well.
(B) Because the project is a mixed commercial/free-markeVdeed-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
IT 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:
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(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 Lipzbting. 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.
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(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
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.
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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
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(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
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The parties hereto shall have the right from time to time to change their respective
addresses, and each shall have the right to specify as its address any other address within the
United States of America by at least five(5)days'written notice.
6.2. Disputes. In the event of any litigation arising from this Agreement, the
prevailing party shall be entitled to receive reimbursement from the non-prevailing party for all if
its reasonable attorneys' fees and expenses incurred in such litigation.
6.3. Binding Effect. The provisions of this Agreement shall run with and constitute a
burden on the land and shall be binding upon and inure to the benefit of the Owners, their
successors and assigns,and to the City and its successors and assigns.
6.4. Amendment. This Agreement may be altered or amended only by written
instrument executed by all parties hereto, with the same formality as this Agreement was
executed.
6.5. Severability. If any provision, paragraph, sentence, clause, phrase, word, or
section of this Agreement is determined to be invalid, such invalidity shall not affect the
remaining provisions hereof.
6.6. Headings. Numerical and title headings contained in this Agreement are for
convenience only,and shall not be deemed determinative of the substance contained herein.
ENTERED INTO as of the date given in the first paragraph of this Agreement.
[remainder of page intentionally blank;signature page follows]
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THE CITY:
THE CITY OF ASPEN, COLORADO, a Colorado
home rule municipal corporation
By: `� �''1.�--,-7//,/
Michael C. Ireland,Myer
ATTEST:
Kathryn Koch, ty Clerk
APPROVED AS TO FORM:
Jo er,Esq., City Attorney
OWNER:
625 MAIN ASPEN,LLC, a Colorado limited
liability company
By:
&'4tL-
Je"ordo&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' liabili
company.
Witn ,jt;�j,, d official seal.
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MY c sw ExMSMOO10 2012 Notary Public
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{AOM9253/4)
RECEPTION#: 581599, 08/02/2011 at 09:06:02 AM, 12 OF 17,
Janice K. Vos Caudill, Pitkin County, CO
EXHIBIT A
TABLE OF CITY FEES ALREADY PAID
[see attached page]
12
I A0009253!4 j
RECEPTION#: 581599, 08/02/2011 at 09:06:02 AM, 13 OF 17,
Janice K. Vos Caudill, Pitkin County, CO
Permit Fee Estimate
Current Date May 06,2011
Permit Type Aspen Commercial Black
Permit# 0066.2007.ACBK
Address 625 E MAIN ST
ASPEN CO 81611
Fee Description Fee Amount
Eng System Development Fee $28,800.00
Aspen Hourly Zoning Fee $0.00
Bldg Permit Extension Fee $0.00
Aspen Comm Zoning $26,020.00
Reinspection Fee $0.00
Bldg Aft Hrs Inspect Fee $0.00
Actual Permit Valuation Recalc $0.00
PEDESTRIAN AMENITY $50,000.00
Aspen Building Permit Fee $49,249.25
Change Order Permit Fee $0.00
Aspen Excavation/Foundation $17,23714
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, Pitkin County, CO
tylerCITY OF ASPEN
Permit Receipt
T E: :H l f„i L G G I E:S RECEIPT NUMBER 00023800
Account Number:26200 Date: 7/16/2008
Applicant: CHARLES CUNNIFFE ARCHITECTS
Type: check #355774
Permit Number Fee Description Amount
0066.2007.ACBK Aspen Excavation/Foundation 728.28
0066.2007.ACBK Eng System Development Fee 28,800.00
0066.2007.ACBK Aspen Building Permit Fee 49,249.25
0066.2007.ACBK Aspen Comm Zoning 5,204.00
Total: $83,981.53
RECEPTION#: 581599, 08/02/2011 at 09:06:02 AM, 15 OF 17,
Janice K. Vos Caudill, Pit_kin County, CO
CITY OF ASPEN
tler
y Permit Receipt
T F C H N 0!-0 G I E RECEIPT NUMBER 00022913
Account Number:26200 Date: 3126/2008
Applicant: CHARLES CUNNIFFE ARCHITECTS
Type: check #28041
Permit Number Fee Description Amount
0066.2007.ACBK Aspen Excavation/Foundation 16,508.96
Total: $16,508.96
RECEPTION#: 581599, 08/02/2011 at 09:06:02 AM, 16 OF 17,
Janice K. Vos Caudill, Pitkin County, CO
CITY OF ASPEN
tyler Permit Receipt
T E':H N 0 L 0 G►r. ;; RECEIPT NUMBER 00022912
Account Number:26200 Date: 3/26/2008
Applicant: CHARLES CUNNIFFE ARCHITECTS
Type: check #1278
Permit Number Fee Description Amount
0066.2007.ACBK PEDESTRIAN AMENITY 50,000.00
Total: $50,000.00
RECEPTION#: 581599, 08/02/2011 at 09:06:02 AM, 17 OF 17,
Janice K. Vos Caudill, Pitkin County, CO
CITY OF ASPEN
tyler Permit Receipt
E 'i%N sj i_0(,I f r) RECEIPT NUMBER 00021770
Account Number.26200 Date: 8/10/2007
Applicant: CHARLES CUNNIFFE ARCHITECTS
Type: check #5139
Permit Number Fee Description Amount
0066.2007.ACBK Aspen Energy Code 4,716.85
0066.2007.ACBK Aspen Plan Check 30,659.49
0066.2007.ACBK Aspen GIS 55.00
0066.2007.ACBK Aspen Comm Zoning 20,816.00
Total: $56,247.34