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HomeMy WebLinkAboutFile Documents.535 E Hyman Ave.0069.2018 (6).ACBKSUBDIVISION IMPROVEMENT AGREEMENT FOR ASPENCORE SUBDIVISION (517 EAST HYMAN AVENUE, 521 EAST HYMAN AVENUE AND THE PARKING LOT ON THE CORNER OF HUNTER AND HYMAN STREETS) S SUBDIVISION IMPROVEMENT AGREEMENT, ("SIA") is entered into as of this day of , 2012 by and between the City of Aspen, Colorado, a home rule Colorado municipa ity, C'Ci ') and AspenCore Ventures, LLC, a Colorado limited liability company ("Owner"). RECITALS A. The City adopted Ordinance No. 5 (Series of 2012) on February 13, 2012 ("Ordinance 5") B. As required by Section 3 of Ordinance 5, Owner has made and submitted to the City for approval a subdivision plat ("Plat") under the name and style of the "ASPENCORE SUBDIVISION" ("Subdivision") for the purpose of subdividing 517 East Hyman (Lots E, Block 95), 521 East Hyman Avenue (Units 1 and 2 of the Benton Building condominiums, aka Lot F, Block 95), and the parking lot located at the southwest corner of Hunter and Hyman Streets (Lots G, H, and I, Block 95) City and Townsite of Aspen into one (1) development lot, known as AspenCore, Lot 1. C. Owner is the owner of AspenCore, Lot 1, AspenCore Subdivision, consisting of Lots E, F, G, H, and I of Block 95, City and Townsite of Aspen, containing two buildings including: 1) a mixed use building at 521 East Hyman Avenue, aka "the Benton Building" and 2) a one story commercial building at 517 East Hyman Avenue, aka "Little Annie's with a total of existing commercial floor area of 7,505 square feet. D. Ordinance No. 5 (series of 2012) granted approval for a mixed use commercial and residential development consisting of 33,005 square feet of floor area, including 24,055 square feet of commercial floor area and 8,950 square feet of residential floor area. E. The Plat has been ap roved by the City as required by Ordinance 5 and has been recorded at Plat Boo] Page 9` , as Reception Numbers `lj�j I04 - . F. The City has imposed certain conditions and requirements in connection with its approval of the Subdivision and its execution and recordation of the Plat, such matters being necessary to promote, protect, and enhance the welfare of the public. G. Owner is willing to acknowledge, accept, abide by, and faithfully perform the conditions and requirements imposed by the City in approving the Plat. H. Under the authority of Section 26.480.070 (C and D) of the Aspen Municipal Code, City is entitled to certain financial guarantees to ensure that the required public facilities are installed, and that required landscaping is implemented and maintained, and Owner is prepared to provide such guarantees as hereinafter set forth. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and the approval, execution, and acceptance of the SIA for recordation by the City, the parties agree as follows: RECEPTION#: 593105,10/15/2012 at 04:27:55 PM, Page 1 of 10 1 OF 53, R $271.00 Doc Code SUB IMPROVE Janice K. Vos Caudill, Pitkin County, CO ARTICLE I PURPOSE AND EFFECT OF SUBDIVISION AGREEMENT 1.1 Pur ose. The purpose of this SIA, along with the Plat, is to set forth the complete and comprehensive understanding and agreement of the parties with the respect to the development of AspenCore, Lot 1 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 SIA and the Plat shall effectively supersede and replace in their entirety all previously recorded and unrecorded subdivision, condominium, and other land use approvals and related plats, maps, declarations, and other documents and agreements encumbering AspenCore, Lot 1. ARTICLE II ZONING AND REGULATORY APPROVALS 2.1 Pursuant to the Ordinance, City Council granted approval of the subdivision of the Property for the construction of a three-story mixed-use building and modifications to existing buildings consisting of 24,055 square feet of commercial floor area and 8,950 square feet of residential floor area. The residential floor area may be configured as two residential units, 6,950 sq. ft. for Unit 1 and 2,000 sq. ft. for Unit 2, subject to conditions and requirements set forth in Ordinance 5 in connection with its approval, which matters the City determined are necessary to protect, promote, and enhance the public health, safety and welfare. 2.2 In the event of any inconsistencies between the provisions of Ordinance 5 and this SIA, the provisions of the Ordinance shall control. ARTICLE III DEVELOPMENT AND USE REQUIREMENTS AND RESTRICTIONS 3.1 Recording. Owner shall record this SIA in the office of the Pitkin County Clerk and Recorder within 180 days from the effective date of a Development Order issued by the City of Aspen Community Development Department. A Development Order for the Subdivision was issued with an effective date of 12 April 2012. Whereas the development is configured in such a way that a Condominium Map is also required, recordation of said Condominium Map shall occur after building permit issuance, but prior to the issuance of a certificate of occupancy. 3.2 Plan Drawings. To accompany this SIA, Owner has submitted, and the City has approved, a set of Plan Drawings consisting of 11 sheets and a title sheet, entitled "AspenCore — SIA Plans." These plans include architectural drawings, including the roof deck as shown on Sheet SIA -7; and the Streetscape/Landscape plans as shown on SIA -1 and SIA -2, incorporating pedestrian enhancements for the public right-of-way. Such plans are attached as "Appendix C" and incorporated herein by this reference. The civil engineering drawings, including grading and drainage plans, associated with this SIA will be reviewed for approval prior to building permit issuance. 3.3 Dimensional Requirements. The project for AspenCore, Lotl, as approved, complies with the effective dimensional allowances and limitations of the Commercial Core (CC) Zone District as modified below. Compliance with these requirements will be verified by the City of Aspen Zoning Page 2 of 10 Officer at the time of building permit submittal. The following dimensions are approved for AspenCore, Lot 1: a. Minimum Lot Size b. Minimum Lot Width c. Minimum Front Yard Setback d. Minimum Side Yard Setback e. Minimum Rear Yard Setback f. Minimum Trash/Recycle Area g. Maximum Building Height h.. Minimum Pedestrian Amenity Space i. Maximum Allowable Floor Area j. Maximum Commercial Floor Area k. Maximum Commercial Net Leasable Area 1. Maximum Residential Floor Area m. Maximum Residential Net Livable Area n. Residential Units o. Minimum Off -Street Parking Spaces 15,000 square feet 150 feet 0 feet — Hyman Avenue 0 feet — Hunter Street 0 feet — Alley Alley frontage of 23 linear feet with a 10 foot vertical clearance and a 10 foot depth. 41 feet for 3 -story elements. Accommodated partially onsite and with the completion of a Pedestrian Improvement Plan as described in § 8 of Ordinance 5. 33,005 square feet 24,055 square feet 22,153 square feet 8,950 square feet total free market residential allocated as follows: 6,950 square feet for Unit 1 and 2,000 square feet for Unit 2 7,605 square feet total: 6,063 square feet for Unit 1 1,542 square feet for Unit 2 2 units 3 spaces Slight adjustments to the dimensions represented above may occur upon review of a building permit as long as the resulting dimensions do not exceed those approved through Ordinance 5. Minor changes to the floor plans are approved as shown in the Architectural Plans. During the period of statutory vested rights all dimensions shall be calculated as described herein; however, where not specifically addressed herein, dimensions shall be calculated as provided in the Land Use Code in effect at the time of adoption of Ordinance 5 and attached hereto as "Appendix B." Decks are approved for the project and are as shown in the plans attached to this SIA. If an application is submitted by the Owner, the residential floor area and residential net livable area described above for Unit 1 may be divided into two units through an administrative approval by the Community Development Director. The residential floor area and residential net livable area described above may not be increased without approval by City Council. Growth Page 3 of 10 Management mitigation for the third free market residential unit is required and shall be in the form of a cash in lieu payment calculated at the time of building permit submittal for the third unit. 3.4 Employee Generation and Mitigation. The existing net leasable calculations for both the Benton Building (521 E. Hyman Avenue) and Little Annie's (517 E. Hyman Avenue) is 7, 505 square feet. City Council granted a credit of commercial net leasable for the preservation of these buildings. Pursuant to Chapter 26.470, Growth Management, of the Aspen Land Use Code, historic landmarks are eligible for growth management benefits. As such, the two free market residential units are permitted without affordable housing mitigation for the historic preservation of two buildings. The project is required to provide housing mitigation to house 9 employees, and has deed restricted a previously unrestricted two-bedroom residential unit located in the Hunter Creek Subdivision at 814 Vine Street, filed as Reception No. 589133. The deed restriction satisfies the required off-site housing mitigation requirement of 2.25 Full Time Equivalents (FTEs). Pursuant to City Council Ordinance No. 5, Series of 2012, owner is required to pay cash -in -lieu for the remaining 6.75 FTEs at the rate of $139,890 per FTE for a total of $944,257.50. Alternate methods of providing mitigation for the remaining 6.75 FTEs may include the purchase of Affordable Housing Credits or the deed restriction of additional units which may be subject to City Council and APCHA approval. If applicable, affordable housing credits shall be extinguished prior to a Certificate of Occupancy for the mixed used addition and the deed restriction of additional units shall be recorded prior to a Certificate of Occupancy for the mixed use addition. 3.5 Affordable Restaurant Deed Restriction. The site currently occupied by Little Annie's Restaurant (the "Restaurant Site") shall be restricted in perpetuity by a deed restriction approved by the City Attorney and thereafter recorded with the Clerk and Recorder's Office of Pitkin County so that the Restaurant Site may be used only for the operation of a `low-priced restaurant" (as defined.) Future rent for the Restaurant Site shall not exceed rent for the current year, as adjusted each calendar year by an amount equal to the percentage increase, if any, in the CPI -U, U.S. City Average, All Items, (1982- 84=100) Consumer Price Index (the "CPI"), over the CPI in effect for the month and year of the effective date of Ordinance5. For purposes of this paragraph, the term `low-priced restaurant" means a restaurant offering menu items priced not more expensively, on a relative basis when compared to other sit down restaurants in Aspen, Colorado, than the current menu prices. A copy of the current menu prices at the Restaurant Site shall be kept and maintained by the City of Aspen Community Development Department which shall constitute conclusive evidence of the current menu prices. Any other uses, including other uses allowed in the CC Zone District as a matter of right, or any greater increases in rent shall be permitted only upon the agreement of the Owner and the City. The deed restriction shall be recorded prior to granting a certificate of occupancy for the mixed use addition. The applicant shall make a reasonable good faith effort to find a tenant for the spaces. 3.6 Trash/Utility Service Area. The trash containers shall be wildlife proof and meet the City's Certificate of Appropriateness regulations pertaining to size and security. 3.7 Sidewalks. Curb and Gutter. The sidewalks shall meet the City Engineer's standards and ADA requirements. Prior to issuance of a building permit, Owner shall provide a sidewalk, curb and gutter plan that meets the approval of the City Engineer. Such improvements shall be made prior to issuance of a Certificate of Occupancy for units on AspenCore, Lot 1. 3.8 Benton Building Restoration. Owner commits to completion of the restoration of the Benton Building pursuant to plans dated 13 February 2012, which shall be required prior to receiving a certificate of occupancy or a conditional certificate of occupancy for any portion of the new mixed use building. The Owner commits to provide $2 million toward the Benton Building restoration, which shall Page 4 of 10 include interior and exterior improvements, as well as hard and soft costs, and a process to account for the funds expended. Owner shall restore the Benton Building to its original appearance. If the restoration costs, as detailed above, amount to less than $2 million, then the remainder of the funds shall be provided to the City of Aspen for historic preservation efforts. 3.9 Engineering eering Department Requirements. Owner shall comply with all sections of the City of Aspen Municipal Code, Title 21, Title 28, and all construction and excavation standards published by the Engineering Department. A construction management plan must be submitted in conjunction with the building permit application. A completed grading and drainage plan as outlined in the Urban Runoff Management Plan shall be submitted to City Engineering as part of the Building Permit submittal. Failure to meet the standards in Title 21 and Title 28 may result in the physical change to the project and possible review by the City Council and/or HPC to amend the design. Any transformers, telephone pedestals and any other above ground utility boxes will need to be located on the property instead of the ROW. 3.10 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 Aspen Municipal Code, as required by the City of Aspen Water Department. Each of the units within the mixed use building shall have individual water meters. 3.11 Sanitation District Requirements. Owner shall comply with the Aspen Consolidated Sanitation District's (ACSD) rules, regulations, and specifications which are on file at the District office. 3.12 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. 3.13 Public Improvements. Owner has agreed to provide certain Public Improvements and completion of said Public Improvements was made a specific condition of the approval of Ordinance 5. Owner will faithfully complete the Public Improvements listed below before the Owner is issued a Certificate of Occupancy or a Conditional Certificate of Occupancy by the Building Department for the mixed use addition. The determination of satisfactory completion of the Public Improvements shall be within the sole discretion of the City Engineering or Building Departments. Owner herby confirm its agreement to complete all Public Improvements in this Subdivision Agreement. The following are Public Improvements the Owner has agreed to complete: a. Compliance with the parks improvements, including a Landscape Plan, referenced in § 14 of Ordinance 5, and attached as part of the AspenCore — SIA Plans; b. The public amenity requirement set forth at § 8 of Ordinance 5, and incorporated as part of the Landscape Plan. 3.14 Off -Street Parking. There shall be a minimum of three (3) garage parking spaces, accessible from the alleyway. 3.15 Vested Rights. a. The Ordinance, the Plat, and any Condominium Maps, when recorded, all as amended and this SIA between the parties, collectively granting and defining the final approvals for AspenCore, Lot 1 ("Approvals") constitute an approved "site-specific development plan" pursuant to §24- 68-101, et seg., C.R.S. (the "Vested Rights Statute"), and shall establish and extend vested property rights to develop AspenCore, Lot I in the manner contemplated by the Approvals pursuant to the Vested Rights Statute until three (3) years from the issuance of the Development Order for the Project (the "Vesting Period Expiration Date"). A Page 5 of 10 Development Order was issued on 12 April 2012, indicating that the Vesting Period Expiration Date is 12 April 2015. Approvals for AspenCore, Lot 1 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. This SIA shall be considered a "development agreement" as that term is used in §24-68-104, C.R.S., and shall include the right to develop and use AspenCore, Lot 1 in the manner permitted under the Approvals. b. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Sec. 26.104.050, Void Permits. c. For purposes of this provision the submission and acceptance of a building permit application for the restoration of the Benton Building as part of the enlargement of a historic landmark that is deemed compete by the Chief Building Inspector pursuant to Land Use Code Section 26.304.075 shall satisfy the requirements of vested rights and prevent the expiration of the vested rights of the applicant and any related development orders under Land Use Code Section 26.304.070.D. 3.16 Material Representations. All material representations made by Owner on record, whether in public hearings or in documentation presented before City Council and the Historic Preservation Commission, shall be binding upon the Owner, successors, and assigns. 3.17 Public Improvements Costs Estimates. Attached hereto as "Appendix A" are cost estimates for public improvements proposed by Owner together with a description of those improvements for AspenCore, Lot 1. ARTICLE IV 4.1 Public Amenity Snace. The open space in front of the Benton Building qualifies as Public Amenity space and meets a portion of the requirement Pursuant to Land Use Code Subsection 26.575.030.c.2, Public Amenity, the Applicant commits to provide the remaining 7.3 % of the public amenity requirement offsite through the completion of a pedestrian improvement plan. The pedestrian improvement plan shall provide extensive improvements to the Hyman and Hunter Streets right-of-ways and is subject to approval by the Parks, Community Development and Engineering Departments. The improvements shall be installed at the cost of the Owner and shall be in addition to the basic street, curb, gutter, sidewalk, and, landscaping improvements required under the Municipal Code. 4.2 Park Development Impact Fee and TDM/Air Quality Fee. Pursuant to Land Use Code Sec. 26.610.030, Exceptions, development involving a property listed on the Aspen Inventory of Historic Landmark Sites and Structures is exempt from the Parks Development and Air Quality/TDM Impact Fees. 4.3 School Lands Dedication Fee. Owner shall pay a fee -in -lieu of land dedication prior to issuance of a building permit, calculated by the City of Aspen Community Development Department using the calculation methodology and fee schedule in affect at the time of building permit submittal. 4.4 Parking. Pursuant to Land Use Code Sec. 26.515, Parking, new net leasable area is required to mitigate parking impacts either through onsite spaces or cash in lieu. The Owner agrees to pay the cash in lieu fee of $384,000 prior to the building permit issuance: Page 6 of 10 An increase to the square feet of net leasable area shall require additional cash in lieu payment according to the methodology provided in Ordinance 5. ARTICLE V COST AND FINANCIAL ASSURANCES 5.1 Proof of Financing. Before the issuance of a building permit for the development of AspenCore, Lot 1, and as a condition of such approval, Owner shall provide to the City Building Department and City Attorney for review and approval, satisfactory evidence that Owner has in place sufficient financing to accomplish and complete the construction of the development on AspenCore, Lot 1 covered by the building permit and any public improvements identified within this SIA and required under Ordinance 5; provided, if there is no loan with respect to development of AspenCore, Lot 1, then Owner shall provide a letter from a financial institution stating that Owner has funds available in an amount that covers the estimated cost of construction for the development of AspenCore, Lot I. Such financing may include without limitation, a construction loan from an institutional lender or lenders and equity capital investments and/or donations from Owner or third party investors or contributors. hr addition, before issuance of a building permit for AspenCore, Lot 1 Owner shall provide supporting cost estimates for all improvements covered by the requested building permit prepared by that Owner's general contractor for review and approval by the City of Aspen Building Department. 5.2 Cash Escrow for Site Enhancement Fund. Before the issuance of a building permit for AspenCore, Lot 1, and as a condition of such issuance, the owner of AspenCore, Lot 1 will deposit with Stewart Title of Aspen, Inc. the sum of TWO HUNDRED FIFTY THOUSAND DOLLARS AND NO/100THS ($250,000.00) (the "Site Enhancement Escrow Funds") in the form of cash or wired funds pursuant to an Escrow Agreement made and entered into between Owner of AspenCore, Lot 1 and the City which shall provide as follows: i. In the event construction work on the development of AspenCore, Lot 1 shall cease for ninety (90) days or longer prior to a final inspection by the City of the work authorized by a foundation/structural frame permit ("F/SFP") on such lot, then the City in its discretion may draw upon the Site Enhancement Escrow Funds from time to time as needed for the purposes of improving the appearance of any construction work already completed, and for the installing of any public improvements on or adjacent to AspenCore, Lot 1 as specified Appendix A "AspenCore Subdivision, Lot 1—Public Improvements Costs Estimates" as attached to the SIA. ii. The City shall have sole discretion with respect to the manner of improving the appearance of construction work in progress as well as a determining the public improvements to be installed. iii. The Site Enhancement Escrow Funds or any remaining balance thereof shall be returned to Owner of AspenCore, Lot 1 upon completion by the City of a final inspection and issuance of a Certificate of Occupancy for AspenCore, Lot 1, or when otherwise agreed to by Owner of AspenCore, Lot 1 and the City. iv. The City shall be named as a third party beneficiary of the Escrow Agreement with the express right and authority to enforce the same from time to time in accordance with the tenor in terms thereof. 5.3 Cash Escrow for Site Protection. Before the issuance of a building permit for AspenCore, Lot 1, and as a condition of such issuance, the owner of AspenCore, Lot 1 will deposit with Stewart Title of Aspen, Inc. the sum of TWO HUNDRED FIFTY THOUSAND DOLLARS AND Page 7 of 10 NO/100THS ($250,000.00) ("Escrow Funds") in the form of cash or wired funds pursuant to an Escrow Agreement made and entered into between Owner of AspenCore, Lot I and the City which shall provide as follows: v. In the event construction work on the development of AspenCore, Lot I shall cease for sixty (60) days or longer ("Work Stoppage") prior to a final inspection by the City of the work authorized by a foundation/structural frame permit ("F/SFP") on such lot, then the City in its discretion may draw upon the Escrow Funds from time to time as needed for the purposes of protecting and securing the Lot/construction site and improvements thereon from damage by the elements and/or from trespass by unauthorized persons, and for purposes of improving the site to a safe condition such that it does not become an attractive nuisance or otherwise pose a threat to neighbors or other persons. vi. The Escrow Funds or any remaining balance thereof shall be returned to Owner of AspenCore, Lot 1 upon completion by the City of a final inspection of the work authorized by the Foundation/Structural Frame Permit on the project. vii. The City shall be named as a third party beneficiary of the Escrow Agreement with the express right and authority to enforce the same from time to time in accordance with the tenor in terms thereof. ARTICLE VI GENERAL PROVISIONS 6.1 Construction. It is the intent of the parties that this SIA and the Plat shall effectively supersede and replace in their entirety all previously recorded and unrecorded subdivision, condominium, and other land use approvals and related plats, maps, declarations, and other documents and agreements encumbering AspenCore, Lot 1. 6.2 Binding Effect. The provision of this SIA shall be binding upon and inure to the benefit of Owner and City and their respective successors and assigns. 6.3 Situs. This SIA shall be subject to and construed in accordance with the laws of the State of Colorado. 6.4 Invalidity. If any provision of this SIA or any paragraph, sentence, clause, phrase, word, or section or the application thereof in any circumstance is invalidated, such invalidity shall not affect the validity of the remainder of this SIA, and the application of any such provision, paragraph, sentence, clause, phrase, word, or section in any other circumstance shall not be affected thereby. 6.5 Entire Agreement. This SIA and Appendices attached hereto, and Ordinance # 5, series 2012 contain the entire understanding between the parties hereto with respect to the transactions contemplated hereunder. Owner, its successors or assigns, may on its own initiative, petition the City Council for an amendment to this or for an extension of one or more of the time periods required for performance hereunder. The City shall not unreasonably deny such petition for amendment or extension after considering all appropriate circumstances. Any such amendments or extensions of time shall only become effective upon the execution by all parties hereto that are affected by the proposed amendment. Page 8 of 10 6.6 Section Numbers & Headings. Numerical and title headings contained in this SIA are for convenience only, and shall not be deemed determinative of the substance contained herein. As used herein, where the context requires, the use of the singular shall include the plural and the use of any gender shall include all genders. 6.7 Notice. Notices to be given to the parties to this SIA shall be considered to be given if hand delivered or if deposited in the United States Mail to the parties by registered or certified mail at the addresses indicated below, or such other addresses as may be substituted upon written notice by the parties or their successors or assigns: CITY: City of Aspen City Manager 130 South Galena St. Aspen, CO 81611 OWNER: AspenCore Ventures, LLC Attn: Andrew V. Hecht, Esq. Garfield & Hecht, P.C. 601 E. Hyman Avenue Aspen, Colorado 81611 6.8 Counternarts. This SIA may be executed in counterparts, in which case all such counterparts together shall constitute one and the same instrument which is binding on all of the parties thereto, notwithstanding that all of the parties are not signatory to the original or the same counterpart. Facsimile signatures shall be treated as original signatures hereon. 6.9 Covenant Running with the Land. The terms, conditions, provisions and obligations herein contained shall be deemed covenants that run with and burden AspenCore, Lot 1 and any and all owners thereof or interests therein, their respective successors, grantees or assigns, and further shall inure to the benefit of and be specifically enforceable by or against the parties hereto, successors and assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year above first written. CITY: City of Aspen, Colorado Colorado muri at corporatio Ey: Michael C. Ire n , Mayor Atm) 'Kathryn S. Koch, City Clerk U APPROVED AS TO FORM: City Attorney /W •I ! • ?ojo Page 9 of 10 OWNER: AspenCore Ventures, LC By: Nikos Hecht, Manager STATE OF COLORADO )ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged bef re tthis � day of �� b V , 2012, by Michael C. h•el d KeaH S. Keeh as*ty ( lerk of the City of Aspen, Colorado, a municipal corpo ...- .,-4 , loaismCklanat P Witn hand and offic s My n9ssion expires:su 604. t. .� Notary Public �OF COVO STATE OF COLO MyO1nnaalonFj0k ,Q8NA 13 COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 0 day of()&02V, 2012, by Nikos Hecht, Manager of AspenCore Ventures, LLC. Witness my hand and official seal. My commission expires: &ota-ry Public SASHA LYN SEMPLE NOTARY PUBLIC STATE F COLORADO NOTARY ID #19984011120 My Commission Expires July 18, 2818 Page 10 of 10 APPENDIX-A, Estimate of Probable Cost for ROWImprovements Source: BE 12094-Civil Drawings Progres Set Issued on 09120/2012 Date: October 6, 2012 em R UESCRIPHON OF WORK Unit Quantity Unit Price Total SITE PREA , 1 Mobilization and Demobilization LS 1.00 13,400.00 13,400.00 2 Traffic Management-singning, barricading, flagging, public outreach - project duration LS 1.00 12,000.00 12,000.00 EROSION CONTROL: 1 Construction Erosion control LS 1.00 4,000.00 4,000.00 2 Inlet protection Each 1.00 750.00 750.00 3 Vehicle tracking Control - sweeping LS 1.00 3,000.00 3,000.00 REMOVAL ITEMS Idemolltion): Remove traffic sign Each 1.00 400.00 400.00 1 Saw cut to full depth, remove, and dispose asphalt pavement mat SF 6,066.00 8.00 48,528.00 2 Sawcut to full depth, remove and dispose concrete flatwork SF 3,396.00 7.00 23,772.00 3 Sawcut to full depth, remove and dispose concrete C&G LF 283.00 16.00 4,528.00 4 Abandon existing storm sewer LS 1.00 500.00 500.00 CONSTRUCTION ITEMS: 1 Backfill&Compaction - ABC Class 6 compacted In-place quantity CY 63.00 46.00 2,898.00 2 12 foot wide concrete sidewalk -4" thick (3110.8 sf, excludes tree well/landscape areas) CY 38.40 420.00 16,128.00 3 12 foot wide reinforced concrete alley draive ramp -6" thick (Includes wings) CY 6.20 480.00 2,976.00 4 Concrete curb and gutter- 24" wide catch pan LF 283.00 44.00 12,452.00 5 Concrete Pedestrian Ramp with Street Detectable warnin Pad Each 1.00 2,800.00 2,800.00 6 Hot mixed asphalt (HMA) pavement -4" thick, placed in two 2" lifts Ton 152.00 160.00 24,320.00 7 Pavement marking- Epoxy palm, project total LS 1.00 1,100.00 1,100.00 8 4" DIP class -52 Serice Line LF 141.00 120.00 16,920.00 9 4" Gate Valve Each 1.00 1,800.00 1,800.00 10 Sanitary Sewer Service Line LF 11.00 70.00 770.00 11 Shallow/Dry Utility Conduits and trench filling -4 total runs LF 26.00 40.00 1,040.00 12 15" diameter RCP CL -III LF 77.00 150.00 11,550.00 13 V diameter Strom Sewer MH - Cast on top of the existing Hyman Avenue Storm Sewer - Each 2.00 10,000.00 20,000.00 14 Curb Inlet Each 1.00 5,800.00 5,800.00 15 Traffic sign(MUTCD,R1-1, stop sign) Each 1.00 400.00 400.00 16 Reset Street Light LS 1.00 3,000.00 3;000.00 Subtotal Construction= 234,832.00 15% Contingency = 35,224.80 Total Construction = 270,056.80 Construction Adminstartion - Civil Consultant Services: 1 Pre -construction services LS 1.00 1,000.00 1,000.00 2 CA services-constr coordination, field observation, Inspections, pay ap processing LS 1.00 10,000.00 10,000.00 3 Construction Staking and preparation of as -built drawings pre City's requirements LS 1.00 5,000.00 5,000.00 Total CM = 16,000.00 LANDSCAPEAND PEDESTRIANAMENITY IMPROVEMENTS 1 Silva Cell system CF 3,740.00 14.00 52,360.00 2 7- Sterling Silver Linden(Tilia tomentosa'Sterling Silver') 5- Crimson Sentry Norway Maple (Acer platonoldes'Crimson Sentry) Each 12.00 1,200.00 14,400.00 3 Tree Grate- Ironsmith Part No. 48144 Each 12.00 1,500.00 18,000.00 Subtotal Landscape = 84,760.00 15% Contingency 12,714.00 Total Landscape= 97,474.00 TOTAL LOT 1 = 383,530.80 Appendix B Applicable Calculations and Measurements for Aspen Core Subdivision 26.596.020. Calculations avid Measurements. A. Ptupose. This section sets forth methods for measuring floor area, height, setbacks, and other dimensional aspects of development and describes certain allowances, requirements and other prescriptions for a range of structural components, such as porches, balconies, garages, chimneys, mechanical equipment, projections into setbacks, etc. The definitions of the terms are set forth at Section 26.104.100 -- Definitions. A L indtatloes. Tho proscribed allowances and limitations, such as height, setbacks etc., of distinct structural components shall not be aggregated or combined in a manner that supersedes the dimensional limitations of an 'individual structural component. For example, if a deck is permitted to be developed within five feet of a property boundary and a garage must be a minimum of ton feet from the same property boundary, a garage with a deck on top of it may not be developed any closer than ten feet from the property boundary or otherwise produce an aggregated structural component that extends beyond the setback limit of a garage. Non -conforming aspects of a property or structure are limited to the specific physical nature of the non -conformity. For example, a one-story structure which extends into the setback may not be developed with a second -story addition unless the second story complies with the required setback. Specific non -conforming aspects of a property cannot be converted or exchanged in a manner that creates or extends a different specific non -conforming aspect of it property. For example, a property that exceeds the allowable floor area and contains deck area that exceeds the amount which may be exempted from floor area cannot convert deck space into additional interior space. C. Measuring Net Lot Area. A property's development rights are derived from Net Lot Area. This is a number that accounts for the presence of steep slopes, easements, areas under water, and similar features of a property. The method for calculating a parcel's Net Lot Area is as follows: Table 26.575,020-1 Percent of1mmel to Percent of parcel to be lacludetl in Net be includedlis Net Lot Area to LotAreato detertnlne allowable deter -1111110 .F'loorArea allowable Density Ordinance No. 27, Series 2010 Page 2 Areas of a parcel with 0% to 20% slope. Notes 100% 100% 2, 3. Areas of a parcel with more than 20% and tip For properties in the to 30% slope. Notes 2, 3. R-1513 Zone: 100% 100% For all other properties: 50%. Areas of a parcel with more than 30% slope. For properties in the Notes 2, 3. R -15B Zone: 100% 100% For all other properties: 0%. Areas below the high water line of a river or 0% 0% natural body of water. Note 1, Areas dedicated to the City or County for open 100% 100% space or a public trail. Areas within an existing, dedicated, reserved for dedication, proposed for dedication by the application, or vacated public vehicular right- 0% 0% of -way, public vehicular easement, or vehicular emergency access easement. Areas within an existing, dedicated, reserved for dedication, or proposed for dedication by 0% 0% the application private vehicular right-of-way or vehicular easement. Notes 4, 5. Areas within a vacated private vehicular right- of-way or vehicular easement, when any affected parcel has no other established 0% 0% physical and legal means of accessing a public way. Notes 4, 5. Areas within a vacated private vehicular right- of-way or vehicular easement, when all affected parcels have established alternate 100% 100% physical and legal means of accessing a public way. Notes 4, 5. Areas of a property subject to above ground or below ground surface easements such as 100% 100% utilities or an irrigation ditch that do not coincide with vehicular easements. Ordaiance No. 27, Series 2010 Page 3 Notes for Table 26.575.020 - I: 1. Lot Area shall not be reduced due to the presence of man-made water courses or features such as ditches or ponds. 2. In instances where the natural grade of a property has been affected by prior development activity, the Community Development Director may accept an estimation of pre -development topography prepared by a registered land surveyor or civil engineer. The Director may require additional historical documentation, technical studies, reports, or other information to verify a pre -development topography. 3. The total reduction in Floor Area attributable to a property's slopes shall not exceed 25%. 4. Areas of a property within a shared driveway easement, when both properties sharing the easement abut a public right-of-way, shall not be deducted from Lot Area. This enables adjacent property owners to combine two driveways into one without reducing development rights. 5. When a property of 9,000 square feet or less contains a private vehicular access easement dedicated to no more than one back parcel, when such back parcel has no other means of access, the area of the access easement shall not be deducted from Lot Area for either Floor Area or density purposes. Otherwise, areas of a vehicular access easement serving another parcel shall be deducted from Lot Area as provided in the table above. Figure 1: Shared Driveway Easement Ordinance No. 27, Series 2010 Page 4 A. Measuring Hoor Area. In measuring floor areas for floor area ratio and allowable floor area, the following applies: 1. General. Floor area shall be attributed to the lot or parcel upon which it is developed. In measuring a building for the purposes of calculating floor area ratio and allowable floor area, there shall be included all areas within the surrounding exterior walls of the building or portion thereof. When measuring from the exterior walls, the measurement shall be taken from the exterior face of framing, exterior face of structural block, exterior face of straw bale, or similar exterior surface of the nominal structure excluding sheathing, vapor barrier, weatherproofing membrane, exterior -mounted insulation systems, and excluding all exterior veneer and surface treatments such as stone, stucco, bricks, shingles, clapboards or other similar exterior veneer treatments. (Also, seq setbacks.) OUTSIDE INSIDE Window Exterior Face - Property of Framing Line C. !llttlll WindowSlll 7 Wood Veneer — ►� -` tt — Framing Stone Veneer Setback measured to Floor Area Measured to Face of Framing edge of veneer Figure 26.575.020-1: Measurhm to Face of Framin¢ 2. Vertical circulation. When calculating vertical circulation, the circulation element shall be counted as follows: a. For stairs and elevators, the area of the feature shall be projected down and counted on the lower of the two levels connected by the element and not counted as Floor Area on the top -most interior floor served by the element. b. When a stairway or elevator connects multiple levels, the area of the feature shall be counted on all levels as if it were a solid floor except that the area of the feature shall not be counted as Floor Area on the top -most interior level served by the element. Ordinance No. 27, Series 2010 Page 5 c. Mechanical and overrun areas above the top -most stop of an elevator shall not be counted as Floor Area. Areas below the lowest stop of an elevator shall not be counted as Floor Area, 3. Attic Snace, Unfinished and uninhabitable space between the ceiling joists and roof rafters of a structure which is either inaccessible or accessible only as a matter of necessity is exempt from the calculation of Floor Area Ratio and allowable Floor Area. If the space is conveniently.accessible and is either habitable or can be made habitable it shall be counted in the calculation of Floor .Area Ratio and allowable Floor Area. Examples: a, An area created above a "hung" or "false" ceiling is exempt. b. An area accessible only through an exterior access panel or crawl space is exempt. c. An area accessible only through an interior pull-down access ladder is exempt. d. A sleeping loft accessible via a stairway or a ladder is counted, e. An unfinished space which has convenient access is counted. If any portion of the attic level of a structure is to be counted, then the entire level shall be included in the calculation of Floor Area Ratio and allowable Floor Area regardless of other practical limitations to routine use. Areas of an attic level with thirty (30) vertical inches or less between the finished floor level and the finished ceiling shall be exempt, regardless of how that space is accessed or used. Area of floor that does not count 30" 4. Decks Balconies Loggias Gazebos Exterior Stairways, and non -Street -facing orches. The calculation of the Floor Area of a building or a portion thereof shall not include decks, balconies, exterior stairways, non Sheet -facing porches, Ordinance No. 27, Series 2010 Page 6 gazebos and similar features, unless the area of these features is greater than fifteen percent (15%) of the maximum allowable floor area for the property and the use and density proposed. If the area of these features exceeds fifteen percent (15%) of the property's maximum allowable Floor Area (for that use and density proposed) only the areas in excess of the fifteen percent (159,o) shall be attributed towards the allowable Floor Area for the property. The area of these features shall be the maximum footprint of the feature including railings, fixed seating, fixed planter boxes, overhangs, and similar structural components of the feature. Unenclosed areas beneath Decks, Balconies, and exterior stairways shalt be exempt from Floor Area calculations unless that area is used as a carport. (See provisions for garages and carports, Subsection 7.) Enclosed and unconditioned areas beneath Porches, Gazebos, and Decks or Balconies when those elements have a finished floor.level within thirty (30) inches of the surrounding finished grade shall be exempt from Floor Area calculations regardless of how that area is used. 5. Front Porches. Porches on Street -facing fagade(s) of a structure developed within thirty (30) inches of the finished ground level shall not be counted towards allowable Floor Area, Otherwise, these elements shall be attributed to Floor Area as a Deck. 6. Patios and Landscape Terraces. Patios and Landscape Terraces developed at finished grade shall not be counted towards allowable Floor Area. These features Ordinance No. 27, Series 2010 Page 7 y Area of porch not exempt y w g t F+a F x 'Exempt r e 3 e? . -= area ofporch 6. Patios and Landscape Terraces. Patios and Landscape Terraces developed at finished grade shall not be counted towards allowable Floor Area. These features Ordinance No. 27, Series 2010 Page 7 may be covered by roof overhangs or similar architectural projections of up to thirty (30) inches and remain exempt from Floor Area calculations. 7. Garages and carports. For all multi -family and mixed-use buildings or parcels containing residential units, 250 square feet of the garage or carport area shall be excluded from the calculation of floor area per residence on the parcel. All garage and carport area in excess of 250 square feet per residence shall be attributed towards Floor Area and Floor Area Ratio with no exclusion. Garage and carport areas for properties containing no residential units shall be attributed towards Floor Area and Floor Area Ratio with no exclusion. In the R-1513 Zone District, garage and carport areas shall be excluded from the calculation of Floor Area up to a maximum exemption of five -hundred -square -foot total for the parcel. In zone districts other than the R -15B Zone District, properties containing solely a Single -Family, two single-family residences, or a Duplex, the garage and carport area shall be excluded from the calculation of Floor Area as follows: Table 26.575.020-2 Size of Garage or Carport Area excluded per primary dwelling unit (not including Accessory Dwelling Units or Carriage Houses) First 0 to 250 square feet 100% of the area Next 251 to 500 square feet 50% of the area Areas above 500 square feet No area excluded. . For any property abutting an alley or private road entering at the rear or side of the property, the garage or carport area shall only be excluded from floor area calculations as described above if the garage or carport is accessed fi•om said alley or road. If an alley or private road does exist and is not utilized for garage or carport access, the garage or carport area shall be attributed towards Floor Area calculations with no exclusion. If an alley or private road does not abut the property, the garage or carport area shall be excluded from floor area calculations as described above. 8. Subgrade areas. Subgrade or partially subgrade levels of a structure are included in the calculation of Floor Area based on the portion of the level exposed above grade. The percentage of the gross area of a partially subgrade level to be counted as Floor Area shall be the surface area of the exterior walls exposed above the lower of natural and finished grade divided by the total exterior wall area of that level. Subgrade stories with no exposed exterior surface wall area shall be excluded fiom floor area calculations. Ordinance No, 27, Series 2010 Page 8 Example: If a the walls of a 2,000 square foot level are forty percent (40yo) exposed above the lower of natural or finished grade then forty percent (40%) of that level, 800 square feet is counted as Floor Area, Figure 26.575.020 -.5; Determining the amount of a subgrade floor to be counted as Floor Area For the purposes of this section, the exterior wall area to be measured shall be the interior wall area projected outward and shall not include exterior wall areas adjacent to foundation or floors of the structure. Area of wall to be used for subgrade calculation Structure Foundation Footer Figure 26.575.020 - 4: Measuring the Area of a Subgrade Wall Ordinance No. 27, Series 2010 Page 9 When considering multi-level subgrade spaces, adjacent interior spaces shall be considered on the same story if the vertical separation between the ceilings of the spaces is less than 50% of the distance between the floor and ceiling of either space. Space A and B are on the same level, while Space A and C are on different levels. Flgure26.575.020-6: Determining different bulldiuglevels When a partially subgrade space also contains a vaulted ceiling within a pitched roof, the wall area shall include the area within the gable of the roof. Ordinance No. 27, Series 2010 Page 10 For garages that are part of a subgrade area, the garage exemption is taken from the total gross below -grade area prior to calculating the subgrade exemption. For example, a 2,000 square foot story containing a 350 square foot garage which is 40% above grade, the calculation shall be as follows: . Garage exemption — the first 250 square feet is exempt and the next 100 square feet counts 50% or 50 square feet = 300 square feet of the garage which is exempt. Subgrade exemption — 2,000 gross square feet minus 300 square feet of exempt garage space = 1,700 gross square feet multiplied by 40% = 680 square feet of that level which counts towards allowable Floor Area. 9. Accessory Dwelling Units and Carriage Houses. An accessory dwelling unit or carriage house shall be calculated and attributed to the allowable floor area for a parcel with the same inclusions and exclusions for calculating floor area as defined in this Section. 10. Permanently Affordable Accessory Dwelling Units and Carriage Houses. One hundred percent (100%) of the area of an Accessory Dwelling Unit or Carriage House which is detached from the primary residence and deed -restricted as a "for sale" affordable housing unit and transferred to a qualified purchaser in accordance with the Aspen/Pitkin County. Housing Authority Guidelines, as amended, shall be excluded from the calculation of floor area, up to a maximum exemption of one thousand two hundred (1,200) square feet per parcel. In addition, the allowable floor area of a parcel containing such a permanently affordable Accessory Dwelling Unit or Carriage. House shall be increased in an amount equal to fifty percent (50%) of the floor area of the Accessory Dwelling Unit or Carriage House, up to a maximum bonus of six hundred (600) square feet per parcel. 11. Sheds, Storage Areas, and similar Accessory Structures. Sheds, storage areas, greenhouses, and similar uninhabitable accessory structures, not within a garage, are exempt from floor area limitations up to a maximum exemption. of thirty-two (32) square feet per residence. Storage areas within a garage shall be treated as garage space eligible for the garage exemption only. Accessory structures thirty-six inches or less in height, as measured from finished grade, shall be exempt from Floor Area calculations (also see setback limitations). Accessory structures larger than thirty-two square feet per primary residence and more than thirty-six inches in height shall be included in their entirety in the calculation of Floor Area. Properties which do not contain residential units are not eligible for this Floor Area.exemption. 12. Historic Sheds and Outbuildings. The Community Development Director may provide a parcel containing an uninhabitable and limited function historic shed, outbuilding, or similar historic artifact with a Floor Area exemption to accommodate the preservation of the historic resource. The shed or outbuilding must be considered a contributing historic resource of the property. Functional outbuildings, such as garages, art studios, home offices, and the like shall not be eligible for an exemption. Ordinance No. 27, Series 2010 Page 11 The Director may consult the Historic Preservation Commission prior to making a determination. The Director may require the property's potential to receive Floor Area bonuses be reduced to account for the structure. The exemption shall be by issuance of a recordable administrative determination and shall be revocable if the artifact is removed from the property. 13. Wildlife -Resistant Trash and Recycling Enclosures Wildlife -resistant trash and recycling enclosures located in residential zone districts are exempt from floor area requirements of the zone district regulations if the enclosure is the minimum reasonably necessary to enclose the trash receptacles in both height and footprint, is an unconditioned space not located inside other structures on the property, and serves no other purpose such as storage, garage space, or other purposes unrelated to protecting wildlife. Wildlife -resistant dumpster enclosures located in commercial, mixed-use, or lodging zone districts are not exempt from floor area requirements and shall comply with zone district requirements for Utility/Trash/Recycle areas. Enclosures shall be located adjacent to the alley if an alley borders the property and shall not be located in a public right-of-way. Unless otherwise approved by the Historic Preservation Commission, enclosures shall not abut or be attached to an historic structure. Enclosures may abut other non -historic structures. 14'. Allocation of Non -Unit Space in a mixed-use building. In order to determine the total floor area of individual uses in a mixed-use building, the total floor area for non - unit space, which is common to all uses on the property, shall be allocated on a proportionate basis of the use categories outlined in the subject zone district's FAR schedule. The building's gross floor area, minus all non -unit space, shall be divided proportionately amongst the individual use categories in a building. These numbers shall then be calculated as a percent of the gross floor area number that does not include the non -unit space. A proportionate share of the non -unit floor area shall then be allocated towards each use category. This provision shall apply to all zone districts permitting mixed-use buildings. For instance, if a building was comprised of the following square footages: 2,000 sq. ft. commercial floor area -t 4,000 sq. ft. free-market residential floor area * 2,000 sq. ft. affordable housing floor area + 1.000 sq. ft. nonunit floor area = 9,000 sq. ft. total floor area Then the total unit floor area in the building would be eight thousand (8,000) square feet floor area. Using the allocation of nommit space standard, the uses account for the following percentages of the total unit floor area: commercial floor area = 25% free-market residential floor area = 50% affordable housing floor area = 25% Ordinance No. 27, Series 2010 Page 12 Therefore, the one thousand (1,000) square feet of non -unit space is allocated to the different uses as follows: commercial floor area = 25% x 1,000 sq. ft. = 250 sq. ft. free-market residential floor area = 50% x 1,000 sq, ft. = 500 sq, ft. affordable housing floor area = 25% x 1,000 sq. ft. = 250 sq. ft, When non -unit space is used exclusively by one use, the space shall be attributed to the floor area for that use. For example, if a lobby and elevator serve the free-market residential uses on the property, exclusively, then the area associated with the lobby and elevator shall be assigned to the floor area for free-market residential uses. 15. Airlocks. Permanently installed interior airlock spaces are exempt from the calculation of Floor Area Ratio and allowable Floor Area up to a maximum exemption of 100 square feet per building. This exemption only applies to buildings containing non- residential uses and does not apply to single-family, duplex, or multi -family buildings. E. Measuring Setbacks. 1. General. Required setbacks shall be unoccupied and unobstructed within an area extending horizontally from the parcel boundary to the setback line and vertically above and below grade, excepting allowed projections as described below. Required setbacks shall be measured perpendicular from all points of the parcel boundary to the outmost exterior of a structure, including all exterior veneer such as brick, stone or other exterior treatments, but excluding allowed projections as further described in subsection E.5, below. Window —"'i Exterior Face of Framing Window Wood Veneer �/ r Framing Stone Veneer `y Ordinance No. 27, Series 2010 Page 13 2. Determining Front Rear, and Side Yards. The front yard setback shall be measured from the front lot line. The Front Lot Line shall be the parcel boundary closest to or dividing a lot from a Street or street right-of-way. All parcels have a front lot line. There shall not be more than one front lot line. The rear yard setback shall be measured from the rear lot line. 'The Rear Lot Line shall be the parcel boundary opposite the front lot line. All parcels have a rear lot line. A parcel shall have only one rear lot line. Side yard setbacks shall be measured from the side lot lines. Side lot lines shall be those parcel boundaries other than a front or rear lot line. All parcels will have at least one side lot line and may, have multiple side lot lines. For corner parcels, the front lot line shall be the parcel boundary along the Street with the longest block length and the remaining boundary shall be a side lot line Street 270' Block Length Front Yard , 100' — Side I� Yard Aile � I I i I Corner Lot � f Figure 3: Determining Setbacks For corner parcels where the parcel boundary follows a curving Street, the midpoint of the curve shall be used to differentiate the front lot line and the side lot line. In this case, the boundary segment with the shortest Street frontage shall be the front lot line. Ordinance No. 27, Series 2010 Page 14 r -- i I Side I Yard I I I Street Front Yard Figure 4: Corner lot with curved street For reverse curve lots, the curved portion of the lot line shall be considered the front lot line and the two opposing parcel boundaries shall be considered side lot lines. Street 1 I Front y. Side Yard Yard I I Street Side Yard Figure 5: Reverse curve lot For all double frontage lots with Streets on opposite sides of the parcel, except for those parcels abutting Main Street, the front lot line shall be the parcel boundary with the greatest length of Street frontage and the opposing lot boundary shall be the rear lot line. Ordinance No. 27, Series 2010 Page 15 Parcel boundary with greatest length front 1 Yard \\\ OT ------------------------ Street � — — - - - — Reams rYard Figure 6: Double frontage lot For double frontage lots with equal length street frontages, the front lot line shall mirror the fiont lot lines of the adjoining lots to the extent practical. For double frontage lots abutting Main Street, the front lot line shall.. be the lot line adjoining Main Street. The Community Development Director shall resolve any discrepancies or situations where the foregoing text does not provide definitive clarity by issuance of a recordable administrative determination. 3. DeterminfnQ required setbacks ad1acent to streets or rizhts-o -way When a property does not extend into an adjacent public or private right-of-way or street easement, the required setback shall be measured from.the lot line. When a property extends into an adjacent public or private right-of-way or street easement, the required setback for that portion of the lot shall be measured from the edge of the right-of-way or street easement closest to the proposed structure. Ordinance No. 27, Series 2010 Page 16 IMI 10'setback on flag lot. 10'setback from right- of-way Figure 7: Required setback from a right-of-way or street easement 4. Combined Setbacks. Where zoning provisions require a combined yard setback (either front -rear or side -side), the narrowest point on each yard shall be the basis for measuring the combined setback. A combined yard requirement may not be met by staggering the required yard setbacks. For example, if a lot requires a combined side -yard setback of 30', with a minimum of 10' on either side, figure 6 shows compliance with the requirement — one side yard is 10', the other is 20', and each side yard setback is consistent from front to rear. Given the same example, Figure 7 meets the individual 10' setback requirements, but the combined setback is staggered and is not consistent from front to rear. This example does not meet the combined setback requirement. Ordinance No. 27, Series 2010 Page 17 Figure 6: Compliance with combined setbacks Figure 7: Does not comply with combined setbacks 5. Allonved Noleciions into Setbacks Setback areas shall be unobstructed above and below ground except for the following allowed projections: a. Above or below ground utilities, below -grade heating or cooling conduit or infrastructure such as a ground -source heat pump system, below -grade dry wells or other at -grade or below -grade drainage infrastructure. b. Trees and vegetation. c. Artwork, sculpture, seasonal displays. d. Flagpoles, mailboxes, address markers Ordinance No. 27, Series 2010 Page 18 e. Foundation footers, soil nails or below -grade tiebacks, and similar improvements necessary for the structural integrity of a building or other structures. f. The minimum projection necessary to accommodate exterior mounted utility junctions, meters, cable boxes, vent flues, standpipes, and similar apparatus and including any protective structure as may be required by the utility provider. g. Building eaves, bay windows, window sills, and similar architectural projections up to eighteen (18) inches. h. Balconies not utilized as an exterior passageway may extend the lesser of one- third ('/) of the way between the required setback and the property line or four (4) feet. In no case shall the projection be allowed closer than five (5) feet to a property line. This projection is allowed for balconies only and does not pernrit projections of other improvements, such as garages or carports, L The minimum projection necessary to accommodate light wells and exterior basement stairwells as required by adopted Building or Fire Codes as long as these features are entirely recessed behind the vertical plane established by the portion of the building faeade(s) closest to any Street(s). If any portion of the feature projects into the setback, the entire feature may be no larger than the minimum required. Features required for adjacent subgrade interior spaces may be combined as long as the combined feature represents the minimum projection into the setback. There is no vertical depth limitation for these features. This exemption does not apply to Areaways. This exemption does not apply to light wells and exterior basement stairwells which are not required by adopted Building or Fire Codes. j. The minimum projection necessary to accommodate an exterior -mount fire escape to an existing building, as may be required by adopted Building or Fire Codes. k. Uncovered porches, landscape terraces, slabs, patios, walks, landscape walls, earthen beans, retaining walls, steps and similar structures, which do not exceed thirty (30) inches vertically above or below natural grade or finished grade, whichever is more restrictive. (Also see Chapter 26,410 — Residential Design Standards for limits on the location of berms.) Improvements may be up to thirty (30) inches above and below grade simultaneously, for up to a sixty (60) inch total. Improvements may exceed thirty (30) inches below grade if determined to be necessary for the structural integrity of the improvement. (See Figure 7). 1. Drainage swales, stormwater retention areas, bio retention areas, rain collection systems, and similar stormwater retention, filtration or infiltration Ordinance No. 27, Series 2010 page 19 devices or facilities are permitted in setbacks as long as the finished grade of the top of the improvement does not exceed thirty (30) inches vertically above or below the surrounding finished grade. Stormwater improvements or portions thereof may be buried and exceed thirty (30) inches below grade as long as the finished grade above the facility does not exceed thirty (30) inches vertically above or below the surrounding finished grade. These features may be up to thirty (3 0) inches above and below finished grade simultaneously. in. Hot tubs, spas, pools, water features, and permanently affixed outdoor grills, furniture, seating areas, and similar permanent structures are prohibited in all yards facing a Street. These elements may be placed within non -street facing yards but shall not exceed thirty (30) inches above or below finished grade. These features may be up to thirty (30) inches above and below finished grade simultaneously. Improvements may exceed thirty (30) inches below grade if necessary for the structural integrity of the improvement. n. Heating and air conditioning equipment and similar mechanical equipment are Prohibited in all yards facing a Street. Mechanical equipment may be placed within non -street facing yards but shall not exceed thirty (30) inches above or below finished grade. These features may be up to thirty (30) inches above and below finished grade simultaneously. The Planning and Zoning Commission may consider exceptions to this requirement pursuant to the procedures and criteria of Chapter 26.430 — Special Review. o. The height and placement of energy efficiency or renewable energy production systems and equipment which are located adjacent to or independent of a building shall be established by the Planning and Zoning Commission pursuant to the procedures and criteria of Chapter 26.430 — Special Review. These systems are discouraged in all yards facing a Street. For energy production systems and equipment located on top of a structure, see sub -section F.4. p. Fences and hedges less than forty-two (42) inches in height, as measured from finished grade, are permitted in all required yard setbacks. Fences and hedges up to six (6) feet in height, as measured from finished grade, are permitted only in areas entirely recessed behind the vertical plane established by the portion of the building facade which is closest to the Street. This restriction applies on all Street -facing facades of a parcel. (Also see Section 26.575.050 — Supplementary Regulations for limitations on fence materials.) Ordinance No. 27, Series 2010 Page 20 Figure 7 — 30" Calcalation Figure 8 q. Driveways not exceeding twenty-four (24) inches above or below natural grade within any setback of a yard facing a Street. Within all other required setbacks, finished grade of a driveway shall not exceed thirty (30) inches above or below natural grade. r. Parking may occur in required setbacks if within an established driveway or parking area and the curb cut or vehicular access is from an alleyway, if an alleyway abuts the property, or has otherwise been approved by the City. s. Non -permanent features which are not affixed to the ground such as movable patio furniture, outdoor seating or a picnic table, barbeque grills, children's Ordinance No. 27, Series 2010 Page 21 play equipment, and similar non -permanent features which are not affixed to the ground. This exemption shall not allow storage sheds or containers. Wildlife -resistant Trash and Recycling enclosures located in residential zone districts shall be prohibited in all yards facing a Street. These facilities may be placed within non -street facing yards if the enclosure is the minimum reasonably necessary in both height and footprint, is an unconditioned space not integrated with other structures on the property, and serves no other purpose such as storage, garage space, or other purposes unrelated to protecting wildlife. Wildlife -resistant trash and recycling enclosures located in commercial, mixed-use, or lodging zone districts are not exempt from setback requirements and shall comply with zone district requirements for Utility/Trash/Recycle areas. Temporary intermittent placement of trash and recycling containers in or along yards facing a Street is allowed. For example, on "trash day." Enclosures shall be located adjacent to the alley where an alley borders the property and shall not be located in a public right-of-way. Unless otherwise approved by the Historic Preservation Commission, enclosures shall not abut or be attached to a historic structure. Enclosures may abut other non -historic structures. F. MeasuringBnildiugHeights, 1. For properties in the Commercial Core (CC), Commercial (Cl), Commercial Lodge (CL), Neighborhood Commercial (NC) and Service Commercial Industrial (SCI) Zone Districts, the height of the building shall be the maximum distance between the ground and the highest point of the roof top, roof ridge, parapet, or top -most portion of the structure. See subsection 3, below, for measurement method, 2. For properties in all other Zone Districts, the height of the building shall be measured according to the pitch of the roof as follows. See subsection 3, below, for measurement method. a. Flat roofs m roofs with a pitch of less than 3:12. The height of a building with a roof pitch of less that 3:12 shall be measured from the ground to the top -most portion of the structure. Ordinance No. 27, Series 2010 Page 22 Roof pitch Parapet 3:12 or less wall Height Height of Building Figure 8: Measuring height for flat roofs or roofs with less than 3:12 pitch b. Roofs with a pitch fioin 3:12 to 7:12. The height of a building with a roof pitch fiom 3:12 to 7:12 shall be measured from the ground to the point of the roof vertically halfway between the cave point and the ridge. There shall be no limit on the height of the ridge, Midpoint between eave pt, and ridge Ridge Eave Point Height Figure 9: Measuring height for roofs with pitch from 3:12 to 7:12 c. Roofs with a pitch greater than 7:12. The height of a building with a roof pitch greater than 7:12 shall be measured from the ground to the point of the roof vertically one-third ('/) of the distance up from the cave point to the ridge. There shall be no limit on the height of the ridge. Ordinance No. 27, Series 2010 Page 23 Figure 10: Measuring height for roof with pitch greater than 7:12 d. For roofs with multiple pitches within one vertical plane, the height of the roof shall be measured by drawing a line within a vertical section between the ridge and the Eave Point(s) and then applying the methodology for the resulting pitch of said line(s) as described above. e. For barrel -vault roofs, height shall be measured by drawing a line within a vertical section between the top -most point of the roof and the Eave Point(s) and then applying the methodology for the resulting pitch of said line(s) as described above. f. For "shed" roofs with a single -pitch, the methodology for measuring shall be the same as described above according to the slope of the roof and by using the highest point of the roof as the xidge. g: Dormers shall be excluded from the calculation of height if the footprint of the dormer is 50% or less of the roof plane on which the dormer is located and the ridge- of the dormer is not higher than the ridge of the roof on which it is located. If there are multiple dormers on one roof plane, the aggregate footprint shall be used. .Otherwise, dormers shall be included in the measurement of height according to the methods described above. 3. Height Measurement Method. In measuring a building for the compliance with height restrictions, the measurement shall be the maximum distance measured Ordinance No. 27, Series 2010 Page 24 vertically from the ground to the specified point of the building located above that point, as further described below: a. Measuring height along the perimeter of the building. At each location where the exterior perimeter of a building meets the ground, the measurement shall be taken from the lower of natural or finished grade. Building permit plans must depict both natural and finished grades. b. Measuring height within the footprint of the building. For the purposes of measuring height within the footprint of a building, areas of the building within 15 horizontal feet of the building's perimeter shall be measured using the perimeter measurement, as described above. In all other areas, the natural grade of the site shall be projected up to the allowable height and the height of the structure shall be measured using this projected topography. In instances where the natural grade of a property has been affected by prior 'development activity, the Community Development Director may accept an estimation of pre -development topography prepared by a registered land surveyor or civil engineer. The Director may require additional historical documentation, technical studies, reports, or other information to verify a pre -development topography. If necessary, the Community Development Director may require an applicant document natural grade, finished grade, grade being used within the footprint of the building, and other relevant height limitation information that may need to be documented prior to construction. c. Measuring to the roof— The high point of the measurementshall be taken from the surface of a structure's roof inclusive of the first layer of exterior sheathing or weatherproofing membrane but excluding exterior surface treatments such as shakes, shingles, or other veneer treatments or ornamentation. When measuring roofs to a point between the ridge and the cave point, the cave point shall be the point where the plane of a roof intersects the plane of the exterior wall. The roof and wall planes shall be of the nominal structure, excluding all exterior treatments. Ordinance No. 27, Series 2010 Page 25 Figure 11: Eave Point and Exterior Sheathing of a Boot 4. Allowed Exceptions to Height Limitations a. Chimneys, flues, and similar venting apparatus. Chimneys, flues, vents, and similar venting apparatus may extend no more than ten (10) feet above the height of the building at the point the device connects. For roofs with a pitch of 8:12 or greater, these elements may not extend above the highest ridge of the structure by more than required by adopted building codes or as otherwise approved by the Chief Building O£frcial to accommodate safe venting. To qualify for this exception, the footprint of these features must be the minimum reasonably necessary for its function the features must be combined to the greatest extent practical. Appurtenances such as hoods, caps, shields, coverings, spark arrestors, and similar functional devices or ornamental do -dads shall be contained within the limitations of this height exception. b. Communications Equipment. Antennas, satellite dishes,. and similar communications equipment and devices shall comply with the limitations of Section 26.575.130 — Wireless Telecommunication Services Facilities and Equipment. c. Elevator and Stair Enclosures. On structures other than a single-family or duplex residential building or an accessory building, elevator overrun enclosures and stair enclosures may extend up to five (5) feet above the specified maximum height limit. Ordinance No. 27, Series 2010 Page 26 Elevator and stair enclosures may extend up to ten (10) feet above the specified maximum height limit if set back fiom any Street facing fagade of the building a minimum of fifteen (15) feet and the footprint of the elevators or stair enclosures are minimized and combined to the greatest extent practicable. For single-family and duplex residential buildings and for accessory buildings, elevator and stair enclosures are not allowed a height exception. d. Rooftop Railings. On any structure "other than a single-family or duplex residential building, rooftop railings and similar safety devices permitting rooftop access may extend up to five (5) feet above the height of the building at the point the railing connects. To qualify for this exception, the railing must be the minimum reasonably necessary to provide adequate safety and building code compliance and the railing most be 50% or more transparent. For single-family and duplex residential buildings, rooftop railings shall not be allowed a height exception. e. Mechanical Equipment. Heating, ventilation, and air conditioning systems, and similar mechanical equipment or utility apparatus located on top of a building may extend up to five (5) feet above height of the building at the point the equipment is attached. Mechanical equipment shall be combined and co -located to the greatest extent practicable. f Energy Efficiency or Renewable Energy Production Systems and Equipment. Energy efficiency systems or renewable energy production systems and equipment including solar panels, wind turbines, or similar systems and the system's associated equipment which is located on top of a building may extend up to five (5) feet above the height of the building at the point the equipment is attached. On any structure other than a single-family or duplex residential building or an accessory building, these systems may extend up to ten (10) feet above height of the building at the point the equipment is attached if set back from any Street facing fagade of the building a minimum of fifteen (15) feet and the footprint of the equipment is minimized and combined to the greatest extent practicable. Certain additional restrictions may apply pursuant to Chapter 26.412, Commercial Design Review. The height and placement of energy efficiency or production systems which are not located on top of a building (located independent of a building) shall be established by the Planning and Zoning Commission pursuant to the procedures and criteria of Chapter 26.430 — Special Review. (Also see setback requirements for these systems at sub -section E.S.) g. Church spires, bell towers and like architectural projections on Ails, Cultural and Civic buildings may extend over the height limit as may be approved pursuant to Commercial Design Review. Ordinance No. 27, Series 2010 Page 27 h. Flag poles may extend over the specified maximum height limit L Exceptions for buildings on slopes. For properties with a slope that declines from the front lot line, the maximum height of a building's fiont (street -facing) facade may extend horizontally for the first thirty (30) feet of the building's depth. j. Exceptions for light wells. Exceptions for light wells and basement stairwells. A light well or basement stairwell, limited to that area required to meet adopted Building or Fire Codes, entirely recessed behind the vertical plane established by the portion of the building fapade(s) closest to any Street(s), and enclosed on all sides to within eighteen (18) inches of the first floor level (e.g. not a walk -out style light well) shall not be counted towards maximum permissible height. k. Exceptions for Areaways. An Areaway no more than one hundred (100) square feet, entirely recessed behind the vertical plane established by the portion of the building fagade(s) closest to any Street(s), not projecting into any required setback, and enclosed on all sides to within eighteen (18) inches of the first floor level (e.g. not a walk -out) shall not be counted towards maximum permissible height. G. Measuring Site coverage. Site coverage is typically expressed as a percentage. When calculating site coverage of a structure or building, the exterior walls of the structure or building at ground level should be used. When measuring to the exterior walls, the measurement shall be taken from the exterior face of framing, exterior face of structural block, or similar exterior surface of the nominal structure excluding sheathing, vapor barrier, weatherproofing membrane, exterior -mounted insulation systems, and excluding all exterior veneer and surface treatments such as stone, stucco, bricks, shingles, clapboards or other similar exterior veneer treatments. Porches, roofs or balcony overhangs, cantilevered building elements and similar features extending directly over grade shall be excluded from maximum allowable site coverage calculations. H. Measurement of Demolition. The City Zoning Officer shall determine if a building is intended to be or, has been demolished by applying the following process of calculation: At the request of the Zoning Officer, the applicant shall prepare and submit a diagram showing the following: 1. The surface area of all existing (prior to commencing development) exterior wall. assemblies above finished grade and all existing roof assemblies. Not counted in the existing exterior surface area calculations shall be all existing fenestration (doors, windows, skylights, etc.). Ordinance No. 27, Series 2010 Page 28 2. The exterior surface area, as described above, to be removed. Wall area or roof area being removed to accommodate new or relocated fenestration shall be counted as exterior surface area being removed, 3. The diagram shall depict each exterior wall and roof segment as a flat plane with an area tabulation. Exterior wall assembly and roof assembly shall constitute the exterior surface of that element in addition to the necessary subsurface components for its structural integrity, including such items as studs, joists, rafters etc. If a portion of a wall or roof structural capacity is to be removed, the associated exterior surface area shall be diagrammed as being removed. If a portion of a wall or roof involuntarily collapses, regardless of the developer's intent, that portion shall be calculated as removed. Recalculation may be necessary during the process of development and the Zoning Officer may require updated calculations as a project progresses. Replacement of fenestration shall not be calculated as wall area to be removed. New, relocated or expanded fenestration shall be counted as wall area to be removed. Only exterior surface area above finished grade shall be used in the determination of demolition. Sub -grade elements and interior wall elements, while potentially necessary for a building's integrity, shall not be counted in the computation of exterior surface area, According to the prepared diagram and area tabulation, the surface area of all portions of the exterior to be removed shall be divided by the surface area of all portions of the exterior of the existing structure and expressed as a percentage. The Zoning Officer shall use this percentage to determine if the building is to be or has been demolished according to the definition in Section 26.104.100, Demolition. If portions of the building involuntarily collapse, regardless of the developer's intent, that portion shall be calculated as removed. It shall be the responsibility of the applicant to accurately understand the structural capabilities of the building prior to undertaking a remodel. Failure to properly understand the structural capacity of elements intended to remain may result in an involuntary collapse of those portions and a requirement to recalculate the extent of demolition. Landowner's intent or unforeseen circumstances shall not affect the calculation of actual physical demolition. Additional requirements or restrictions of this Title may result upon actual demolition. . L Measurement of Net Leasable Commercial Space. The calculation of Net Leasable Space shall include all interior space of a building measured from interior wall to interior wall, including interior partitions and inclusive of all areas which can be leased to an individual tenant including offices, hallways, meeting rooms, display areas, showrooms, kitchens, dining rooms, coat rooms, bathrooms, storage, storage rooms, walk4n refrigerators or freezers, changing rooms, waiting rooms and similar space which may be leased to a tenant. The calculation of Net Leasable Space shall exclude common areas of a building not intended or designed to be leased to an individual tenant such as common bathrooms, common stairways, common circulation corridors, common Ordinance No. 27, Series 2010 Page 29 mechanical areas, common storage areas or similar common spaces not intended or designed to be leased to an individual tenant. Permanently installed interior airlock spaces are exempt from the calculation of net leasable space up to a maximum exemption of 100 square feet. Seasonal airlocks of more than 10 square feet, installed on the exterior of a building, shall be considered Net Leasable Area and shall be subject to all requirements of the Land Use Code, including employee mitigation, prorated according to the portion of the year in which it is installed. Unless specifically exempted through other provisions of this Title, outdoor displays outdoor vending, and similar commercial activities located outside (not within a building) shall also be included in the calculation of Net Leasable Space. The calculation of such area*shall be the maximum footprint of the display or vending apparatus. For vending carts or similar commercial activities requiring an attendant, the calculation shall also include a reasonable amount of space for the attendant. Vending machines shall not be considered net leasable commercial space. J. Measurement of Net Livable Area. The calculation of Net Livable Area shall include all interior space measured from interior wall to interior wall, including interior partitions.and inclusive of, but not limited to, entryways or lobbies dedicated to only one unit, finished or unfinished basements which are or can be made habitable, and storage areas, closets and laundry areas accessible from the interior of a unit, Net livable Area shall not include common circulation areas, common lobbies, coanmon stairwells, common elevator corridors, or similar common spaces not intended or designed to be occupied by an individual tenant. Not Livable Area shall not include uninhabitable basements, mechanical areas, stairs, unconditioned storage accessible only from the exterior, garages, carports, patios, decks, porches or similar spaces. K Exceptions for Energy Efficiency. The Community Development Director may approve exceptions to the dimensional restrictions of this Section to accommodate the addition of energy production systems or energy efficiency systems or equipment in or on existing buildings when no other practical solution exists. The Community Development Director must first determine that the visual impact of the exemption is minimal and that no other reasonable .way to implement energy production or efficlency exists. The Director may require notice be provided to adjacent landowners. Approval shall be in the form of a recordable administrative decision. L. Exceptions for Building Code Compliance. The Community Development Director may approve exceptions to the dimensional restrictions of this Section to accommodate improvements required to achieve compliance with building, fire, or accessibility codes in or on existing buildings when no other practical solution exists. The Community Development Director must first determine that the visual impact of the exemption is minimal and that no other reasonable way to implement code compliance Ordinance No. 27, Series 2010 Page 30 exists. 'rho Director may require notice be provided to adjacent landowners. Approval shall be in the form of a recordable administrative decision. M Appeat r. An applicant aggrieved by a dccislon made by the Community Development Director regarding this Calculations and Measurements Section may appeal the decision to the Administrative Hearing Officer, pursuant to Chapter 26.316. Ordianoce No. 27, Series 2010 Poge 31 rc'.iao.Tw.w—'wo.rryr'ab, M U33H5 LIi00H anueny up�d edooSpul\edoo5}eeJIS SyIS l '3LZHIS31tlO„V.eAo�uedry. .x uow 31tl0 Hl m a S"S py2y 49 � 6 �6 q k ri a E - 13111 n Hwxer81in1 { t A® n P Z n +M,l it �.j o � i �y� A W S I, f r . 111 �hAt+M'a.T Lfltrn_.a�Svrfygy�yf�syf5 1tiV Yi.a Spy IS�Y� _. 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