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Home My WebLink Aboutcoa.lu.ex.Red Onion, Lots N,O,P, Block 89 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0035.2013.AHPC PARCEL ID NUMBERS 2737.1821.6061 PROJECTS ADDRESS 420 E COOPER UNIT 1 PLANNER SARA ADAMS CASE DESCRIPTION COMMERCIAL DESIGN REVIEW REPRESENTATIVE STAN CLAUSON 970-925-2323 DATE OF FINAL ACTION 1/08/2014 CLOSED BY DJAMA MARTIN ON: 02/07/2014 oemlits G I File Edit RECord Navigate Farm Reports Format Tab Help , • lump 1 k` k F .... . .... ..< .r .... I Main Custom Fields Routing Status Fee Summary 'Actions :Routing History ry o =Sen Hitoric Land Uv ?Permit type Permit# 0003E-2013_4H _. N Address 42C EC003ERA�rt Apt/Suite 1 o ___.... a City ASPEN State CO Zip BlEll x Permit Information ,o ) o' Master permit _ Routing queue asluF Applied 10,1212013 o. Project Status Pen'Jing Approved f Description CCIII,IERCI^LDESKS�°° RE 3'rj HPC,nPPREi nLt HEi.rPLIGh' SEEKS Issued REDS% 'LOP u F 1 :ViFliANF,,ti MI)G USE BUILCING I ClosedfFinal Submitted STAN CLAUSON'FG-S2 2323 Clock Running Days 0 Expires 1u,1S120 14 Submitted via Owner Last name 1-K ONION INVE£'GR5 LLC First name �1 EIS,i'I9Ar! .rE AHE:CH7 @GGARFIE LDHEECH 7COIl Phone (P'C}92`1`KH� Address :S EN CO 31y11 Applicant 7 Owner is applicant? Contractor is applicant? j Last name 'ED ONION INVES"'URS.LLC First name E01 EAS"H r I.i;`»N,1,VE ASPEN Co 81e,11 Phone FT 92=-1943-'_ Cust# 2SEE Address Lender Last name First name Phone - Address - Enter the main line of the permit address AspenGoldS(server) djamam View 1 of 1 DEVELOPMENT ORDER of the 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-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 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. Red Onion Investors, LLC, 418 E. Cooper Ave. Suite 207 Aspen CO 81611 Property Owner's Name, Mailing Address 420E Cooper Ave Lots N O P Block 89 City and Townsite of Aspen Colorado Legal Description and Street Address of Subject Property HPC granted Major Development and Commercial Design Standard approvals Demolition and Viewplane approval for the addition of a second and third floor for one residential free market unit atop the one story annex to the historic Red Onion. Written Description of the Site Specific Plan and/or Attachment Describing Plan Approval by the Historic Preservation Commission: HPC Resolution 426 Series of 2012 (granting conceptual, demolition and viewplane approvals) and HPC Resolution 42 Series of 2014 (granting final approval). Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) January 16, 2014 Effective Date of Development Order (Same as date of publication of notice of approval.) January 16, 2017 Expiration Date of Development Order (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 9th y of Ja ry 2014, by the City of Aspen Community Development Director. / Chris Bendon, Community Development Director AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: /f ADDRESS C Ljo �7 N Aspen, CO 5q STATE OF COLORADO ) ss. County of Pitkin ) I, JAI(O UaA) P . (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26!.306.010 (E) of the Aspen Land Use Code in the following mamler: v Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A co y of the publication is attached hereto. Sign to e (1---- - th The foregoing"Affidavit of Notice"was ac ledged befor mgt s day of �� , 201` , by WITNESS MY HAND AND OFFICIAL SEAL PUBLICONOTICE I DEVELOPMENT APPROVAL My commission expires: vlo Notice is hereby given to the general public of the �- approval of a site specific development plan,and �j� O 1 n� the creation of a vested property right pursuant tob—W LP the Land Use Code of the City of Aspen and Title w. ----__ 24,Article 68,Colorado Revised Statutes,pertain- Public mg to the following legally described property:420 Notary L uUljC East Cooper Avenue,Lots N,0,P,Block 89,City and Townsite of Aspen,Colorado.On January 8, 2014 the Aspen Historic Preservation Commission granted Major Development approval,Commercial Design Standard approval,Demolition and View- plane approvals for the addition of a second and third Boor fora free market residential unit atop the ATTACHMENTS: one story annex to the historic Red Onion.For fur- ther information to Sara Adams,at the City of Aspen Community Deve o lena St,Aspen,Colorado(970)4219-2r77g 30 S.Ga- s/City of Aspen COPY OF THE PUBLICATION Publish in The Aspen Times on January 16,2014. [9870857] A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION(HPC) GRANTING MAJOR DEVELOPMENT (FINAL), COMMERCIAL DESIGN STANDARD REVIEW (FINAL), DEMOLITION, AND VIEWPLANE FOR THE PROPERTY LOCATED AT 420 EAST COOPER, LOTS N, O, P, BLOCK 89, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION#2, SERIES OF 2014 PARCEL ID: 2737-182-16-061. WHEREAS, the applicant, Red Onion Investors, LLC, represented by Stan Clauson Associates, Inc., has requested Major Development (Final), Final Commercial Design Standard Review the property located at 420 East Cooper Avenue, Red Onion Condos, Unit 1, Lots N, O, P, Block 89, City and Townsite of Aspen, Colorado; and WHEREAS, 420 East Cooper Avenue is located within the Commercial Core Historic District and is located on a designated historic parcel; and WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or district until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review;"and WHEREAS, Final Major Development Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.D.4.b.2 and 3 of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, for Final Commercial Design Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen Commercial, Lodging and Historic District Design Objectives and Guidelines per Section 26.412.040.A.5, Commercial Design Standards Review Procedure, of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, Sara Adams, in her staff report to HPC dated January 8, 2014 performed an analysis of the application based on the standards, found that the review standards had been met with conditions, and recommended approval with conditions; and RECEPTION#: 607266, 01/14/2014 at 420 East Cooper Avenue 11:07:19 AM, HPC Resolution#2 Series of 2014 1 OF 12, R $66.00 Doc Code RESOLUTION Page 1 of 4 Janice K. Vos Caudill, Pitkin County, CO WHEREAS, at their regular meeting on January 8, 2014, the Historic Preservation Commission considered the application during a duly noticed public hearing, the staff memo and public comments, and found the proposal consistent with the review standards and recommended approval with conditions by a vote of seven to zero (7—0). NOW, THEREFORE, BE IT RESOLVED: That HPC hereby grants HPC Major Development (Final), Final Commercial Design Standard Revicw, for the property located at 420 East Cooper Avenue, Lots N, O, P, Block 89, City and Townsite of Aspen, Colorado with the following conditions: 1. Conceptual approval: HPC Resolution#26, Series of 2012 approved the following: a. Demolition of the building located at 420 E. Cooper Street and retaining the front faeade is approved with the condition that a structural assessment of the front faeade be submitted with the Final Review application. b. The mass and scale is approved as presented in the application. c. A maximum of 38 feet is approved as presented in the application, with Land Use Code height exemptions for elevator overrun and mechanical equipment as stated in Section 26.575.020.F(4)Allowed Exemptions to Height Limitations. d. A mechanical plan and elevations shall be submitted with the Final Review application. e. Off-site public amenity improvements to the Pedestrian Malls is approved in accordance with Land Use Code Section 26.575.030.C(2) Off-site provision of public amenity and is subject to review and approval by the Parks Department. The improvements shall equal or exceed the value of the cash in lieu payment of $67,500. f. The proposal is determined to have a minimal impact on the viewplane due to the existing development that already blocks the viewplane and is hereby exempt from being processed as a PUD in accordance with Section 26.435.050.C.1. Any mechanical equipment placed within the viewplane shall comply with Section 26.435.050, which may require a new viewplane review. 2. Demolition: Demolition approval of the back portion of the existing building is granted. The front faeade is to remain in place. Demolition of the front faeade, defined as removal of 40% of the existing front faeade face, shall require a redesign of the first floor elevation to meet the Design Standards and shall require a substantial amendment to the approved plans that is reviewed by HPC pursuant to Land Use Code Section 26.415.070.E.2 Amendments Substantial and Insubstantial and Section 26.412.080.B Amendment of Commercial Design Review Approval—Substantial. 3. Mechanical: The mechanical equipment is required to meet height limitations in the Land Use Code. 4. Lightin: A lighting plan and light fixtures shall be reviewed and approved by Staff and Monitor prior to purchase and installation. All lighting shall meet Land Use Code requirements. 5. Architectural Details: Samples of all exterior materials to be reviewed and approved by Staff and Monitor. 420 East Cooper Avenue HPC Resolution#2, Series of 2014 Page 2 of 4 6. Airlock: The project is required to incorporate an airlock or an equivalent solution on the first floor, to be reviewed and approved by staff and monitor 7. The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. 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 Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 420 East Cooper Avenue, Lots N, O, and P, Block 89, City and Townsite of Aspen, Colorado. Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules,regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. [signatures on the following page] 420 East Cooper Avenue HPC Resolution#2, Series of 2014 Page 3 of 4 Jay M ytin, Chair Approved as to Form: Debbie Quinn,Assistant City Attorney ATTEST: Kathy Strickbind, Chief Deputy Clerk Exhibit A: approved plans and elevations 420 East Cooper Avenue HPC Resolution.4 2, Series of 2014 Page 4 of 4 �'lUM�►�1 f" f'�' pass N„E....E.. ,, E.COOPER i I I - # SOUTH ELEVATION-- pOSS ..Mm_ r _ I 422 E.COOPER m a � EAST EiEVnnav e S EAST Ei-EVATION A202 poss I -- - ------ r �j 422 E.COOPER WESTELDAMN I L I S i 1; _ NEST ELF.VPTION _ A203 nn YYfO. ,sue �• . p°SEsHRE. RH ILL 422 E.COOPER � I E -NORTH ELrvAMN z A20A �� NORTH ELEVA'10� f; a7 p o sEs�NE.� I x I fP .. OOPER 1, NN- - Iq�,V(U�111�� U(�I�t✓' Al oa MAIN LEVEL PLAN-__ r¢�e 4 i ti ,, m.. — — --_ — 422 E.COOPER ill I lt�GI ��`'Vl$ �%�rte' sECano LevEi vun a l I1I� EVELPIAN A105 SECOND LE poss - — -- — -- cM _-- � j 422 E.COOPER 4 ?A1- 64 W`VL4M V+Wr �P THIRD LEVEL RA �eyi�itl � Zowuv� O�crn� THIRD LEVEL PLAN __ A106 poss .......... ......... (DT L 1 4) c 422 E.COOPER _W;PLAN =F VW� vW A 103 poss ARCHITECTURE+PLANNING B A cgnsmcanL _ 1 ur MECH 1 1 loz 101 sqN 1 1 o RESIDENTIAL I s 10. .1 -- , 1 103 SD 10.29.1233 3 P PIANN11111111111N IANNINGSUBMISSION 1 y 406 sq It o _--CHASE ABOVE NEW RETAIL 101 1107 sq k z OCT 3 ;3 422 E. COOF�R Aspen,Colorado - S BUILDING FAR CA-CS COMMERCIAL(FAR) NONUNUFARI RESIDENTIAL(FAR) DECK(FARI (16.191.11-1,16 (4500alimaBle) (675 all-1,10 .mss MAIN LEVEL 1107 101 406 0 SECOND LEVEL 0 22 1555 180 THIRD LEVEL 0 22 752 783 3 SUB-TOTAL 1107 145 2713 963 PROTECT NP. ADDED 110111X1 SPACE d2 103 21317.00 E ADDED DECK SPACE 288 DWG Fl I6 TOTAL FAR 1148 SO Fl 3104$0 FT AIOI-LOWER LEVEL PNN.dwg SHEET TIRE DECK So IT CALM MAIN LEVEL PLAN TOTAL ALLOWABLE DECK AREA=4500 X.15=675 SG FT 11111111 SO FT ALLOCATION PERCENTAGE; PERCENT TO COMMERCIAL 1107 SO FT/3820 SO FT=2S°,6 o PERCENT To RESIDENTIAL=2713 SO FT 13820 SOIT=71% 0 1107 sq N(commemial)+2713 Imsidentmi)=3820 sq N A I 1 0 1 MAIN LEVEL PLAN Aa01 O ©2013 ay d y w,om�mmsnansrwom c 1 smnwnnuum si�O :�3 poss ARCHITECTURE+PLANNING A B en c . n alai e Consultant 45'-C' 33'-0' 12'0' 5 12' Up / DN se. \ SO 10.23-13 PIANNING SUBMISSION ULSO 10.29-13 PLANNING SUB MISSION RESIDENTIAL 201 I I 1555 sq It DECK 241 SO FT E%I STING CHASE E XISTING CHASE 10 SO FT 12 SO FT I. i 422 E. COOPER Aspen,Colorado 3 BUILDING FAA CALCS COMMERCIAL S - TARI NONUNR(FAR) RESIDENTIAL( DECK(FAR) (16,191 811 wable) (4500 01w1,k) (675 allowable) Ed MAIN UAL 1107 101 406 0 �t3.+ SECOND LEVEL 0 22 1555 180 THIRD LEVEL 0 22 752 783 s -; SUB-TOTAL 1107 145 2713 963 9 ADDED NONUNIT SPACE 42 IDS PROTECT NO ADDED DECK SPACE 288 21317.00 E TOTAL FAA 1148 SO F 3104 SD F DWG F A101-LOWER LEVEL PIAN.dwg DECK F CALLS; SHEET DOLE TOTAL ALLOWABLE DECK AREA=4500 A.15=675 SO FT NONUNU SO FT ALLOCATION PERCEMAGE; SECOND LEVEL PLAN PERCEM TO COMMERCIAL=1107 SO FT/3820 SOFT=29% PERCEKT TO RESIDENTIAL=2713 SO F/3820 SO IT 2n 1107 sq A(can macia0+2713(residential)3820 sq N �m > SECOND LEVEL PLAN Al On n dQA-102 na.ao ©2013 w.wde"aw uo�6'nw'Sc.c o>r wm asxmaw.zwwc i� wnw.,,vana. =s poss ARCHITECTURE+PLANNING CmsWtant ------------------------------------ CHI mov r. :Do :0.3.13 PLANNING SUBMISSION --------- 0-29-13 PLANNINGSUBMISSION E I CK : :1 DECK 55e SO F1 14) 124sqft RESIDENTIAL 752.q ft EXISTING CHASE EXISTING CHASE 10 sqk 12 SO F1 ———————————— 422 E. COOPER Aspen,Colorado BUILDING FAR CAUCS COMMERCIAL(FAR) NONUNff(FAR) RESIOENTIAL(FAR) DECA(FAR) (16.191.11-1,10 (4500.11— IS 1,10 75 fl—bi.) Ed MAIN LEVEL 1107 101 406 0 SECOND LEVEL 0 22 1555 180 THIRD LEVEL 0 22 752 783 SUB-TOTAL IID7 145 2713 963 ADDED NONUNrr SPACE 42 103 ADDED DECK SPACE 288 PROI CT NO. TOTAL FAR 1148 SO FY 3104 So IT 21317.00 DWG Fl LL: DECK SO FT AUDI-LOWER LEVEL PLANA.S CAUCS; TOTAL ALLOWABLE DECK AREA 4500 X.15:675 So FT SHEET TITLE NoNUNIT SO IT ALLOCATION PERCENTAGE, PERCENT TO COMMERCIAL 1107 SO FT/3820 SO FT=29% THIRD LEVEL PLAN PERCENT TO RESUMFLAL 2713 SO IT AVO SO FT=71% 1107 q ft 2713 hvd.thl) 3820 ft THIRD LEVEL PLAN A103 .° 'o" poss ARCHITECTURE+PLANNING r —————— ——————— --———-- ---------------------- SO 1023-13 PLANNNGSUBMSSIDN So 10-28-13 PLANNING R EVIS;ON NEW MAKEUP NEW SCRUBBER AIR UNIT II 422 E. COOPER Aspen,Colorado 8UIU)ING FAR OLDS COWERCLAL(FAR) NCIUNCT(FAR) RESIDENTIAL(FAR) DECK(FAR) (16,191 AII.W0 (4500 AII-1,10 (675 All—blel MAIN LEVEL 1107 101 406 0 SECOND LEVEL 0 22 1555 180 THIRD LEVEL a 22 752 7a3 12 SUB-TOTAL II07 145 2713 963 PROTECT NO. AID 2 _0 M01 SPACE 12 103 21317.00 ACCEB DECK 288 DWG FILL: TOTALFAR 1148 SO FT 3104 SO IT A101-LOWER LEVEL PUANAK9 SHEETTITLE DECK SO IT ULCS, TOTAL AUUMABLE DECK MU 4500x.15=675 SO FT ROOF PLAN NONUNIT So IT ALLOCATION PERCENTAGE PERCENT 10 1OM1ERC1M.=1107 SO FT 13820 SO FT=29% PERCENT TO RESIDENTIAL=2713 SO IT 9820 SO IT.7 1% 1107 Aq It(mmmial)♦2713(nWeAfial) 3829 sq ft ROOF PLAN Al 03a -103 1113!�nl"Ttj poss ARCHITECTURE PLANNING I'll�11 T, I UP MECH 102 ---------- RESIDENTIAL So 10-23-13 PLANNING SUBMISSION So 10-29-13 PLANNING SUBMISSION RESIDEN IAL 103 263sq I, '—'DN LL CHASE ABOVE NEW RETAIL !z ]o1 957sqft i2 FIF L ------------------------------ 422 E. COOPER Aspen,Colorado 5t CGMMERCIALAMDAHU FREE MARKET NET LIVABLE AREA NETLFASABLE AND NET LIVABLE AREAS COMMERCIAL NITLEASABLEAREA 1�2�1�1�111111[1 (PROPOSED) ULD43 So FT ALLOWABLE) a FT WrrH MR) MAIN LEVEL 957 263 SECOND LEVEL a 1302 THIRD LEVEL a 711 TOTAL 957,q It 2776,q ft PROJECT NO: 21317.00 DWG F1 AID 1-LOWER LEVEL PLAR.d.g SHEET TITLE MAIN LEVEL PLAN 5 MAIN LEVEL PLAN A104 1A:�O4 2013 dR poss ARCHITECTURE+PLANNING srFtt t i ]a/ rlrl s o so Co-lu t B A 96'-5' 45'-0' 33•-0' 12'-0' SO -3.13 PLANNING SUBMISSION Issue ------------------- PLANNING SUBMISSION _____________________ SD 10.29-13 PLAN 1 UP — 77R DN I I IT I i j L RESIDENTIAL 201 1302 sq It I 422 E. COOPER Aspen,Calorado 3 COMMERCIALAND ANU FREE MARKET NET LIVABLE MR NET LEASABLE AND NET UVABLE AREAS COMMERCIAL NET LEASABLE AREA 12000 SO FT ALLOWABLEI S (PROPOSED) (1063 SO FT ALLOWABLE) (25DO SO IT WITH TOR) 12 MAIN LEVEL 957 263 PROJECT No.. °s SECOND LEVEL 0 1302 21317.00 E THIRD LEVEL 0 711 DWOII A101-LOWER LEVEL PIAN.dwg TOTAL 957 sq N 2276 sq It SHEET TITLE SECOND LEVEL PLAN SECOND LEVEL PLAN Al 05 o� A-105 L/A•.rtl ©2013 e� go'g wrtmsssn xa vrmsvxmmninnac da poss ARCHITECTURE+PLANNING ———————————— �O-3.13 PLANINVIGSUBMISSIOK it 0-2943 PLANNING SUBMISSION J�K DECK 105,qft RESIDENTIAL it F301 711 sq It H EXISTING CHASE EXISTING CHASE III it 02010 4�2� E.COOPER-. Aspen,Colorado Cd COMMERCIAL AND AHU FREE MARKET NET LIVABLE AREA NET LEASABLE AND NET LIVABLE AREAS COMMERCIAL NET LE)SABI-EAREA (2000 SO IT ALLOWABLE' (PROPOSED) 11043 So Fr ALLOWABLE) 12500 SO FT WITH MR) MAIN LEVEL 957 263 SECOND LEVEL 0 1302 THIRD LEVEL 0 711 PROJECT NO. TOTAL 957 q it 2276 W ft 21317.00 TWO Fl LL AID I-LOWER LEVEL PLAN.d.9 SHEET TITLE THIRD LEVEL PLAN THIRD Al 06 D LEVEL PLAN .2111 Fs possARCHJTEGTURE+PLANNING ELEVATOR BEYOND r aso PER PLAN PAINTED METAL PANELS C.'.b H PAINTED METAL MECH EQUIPMENT MAX HEIGHT EL.t61'A• I4 FINISH ROOF PARAPET "'" —- EL.13fi'3' I`4 li I J SANDSTONE ACCENTS II - —. 1 BRICK PAINTED METAL DOOR AND —_ - —__ WINDOW SYSTEM 1 ::T.::,1 • ___:.i:,�'., :.II"DC,:.� Issue: PAINTED METAL GUARDRAIL _ \ _„� �� _ __ ___--�'�-,_� 50 10.23-13 PLANNING SUBMISSION l r SD 10.29-13 PLANNING REVISION PAINTED METAL THIRD LEVEL FINISH FLOOR EL. l2A'-0' BRICK SANDSTONE ACCENTS _ PAI NTED ED METAL DOOR AND - — WINDOW SYSTEM PAINTED METAL GUARDRAIL .. ..., ................................................._................... ::.........................°is�°wx:• _:ce::::cD::..Y:c:_::::::::::er;:::::ccr_::::::c::.:.;:::' __:::::r::e:_ _.__._ _..___._..�......._._......-...__..........._._.._...__.........__........-...�._.___..,__._...._.. SECOND LEVEL FINISH FLOOR ............................................................................................................................... - EL.113'-0• ...__...._.-....-._.._______..-_�___..__-_..-_.__....._..__-.-...__............ EXISTING HISTORIC FACADE - - --=-- -----— ------- - TO BE PRESERVED AND RESTORED ... .... •.. •••••••-_ -•p;•;;,, EXISTING HISTORIC FACADE ....I .._ .._ .... ._.__............. -- - "•' "-""""""'_""" WINDOW TO BE PRESERVED AND ' ............_.__.___.._...._._...........__--___..__......_...-....�.__.__......._._........_... RESTORED _.::._...::......._...._.. -......--' I „ PROPOSEDBRIGKTOMATCHEXISTING ...._...._ 422 E. COOPER Aspen,Colorado ",'.',:: _ PROPOSED RESIDENTIAL PAINTED METAL FROSTED GLASS DOOR ...... ::::::::::::::.m::... ............. ....... '..•.........'."••'•"'•' .............. ••"".•..". MAIN LEVEL FINISH FLOOR __ .._..._......._._ ..... m I EL 100'-0 ALLEY PROPOSED N 3. I I WIDTH TOMA CH EXISTING DOOR WIDTH cd o I I 5 PRO 1ECiNo, 21317.00 DWG FlE v A101-LOWER LEVEL P1AN.d.9 SHEET TRUE SOUTH ELEVATION m i SOUTH ELEVATION QLO A f l trA•-t'o' ©2013 u°LLrxn�eix°e'MA.ec g= d� se a`� poss ARCHITECTURE+PLANNING lil 9A / x 5xo1/9rx0 i [3 A canawtant a 96'-5• PAINTED METAL SANDSTONE ACCENT BRICK _ _ MECH EOUIPM ENT MAX HEIGHT _______ _ _ _ _—__ --- EL 141'0 i NEW SCRUBBER NEW MAKE UP AIR UNIT RAPET EL136A ttff ....... ...._ ..._. -_ _ .... __. _._... ... COLORED PRECAST ..... ..... ..... _ COLORED PRECAS .__- __.__ __........_.._ ...._.__..._.. __._._ ...- ._.__..._ ....___....... ........ .... ...._ ...... -- __._..._.. _ - GROUND FACE CMU ........ ....:.:.:........... _ - .... _..... ... -__-..- ......... ..........._.-.._........_...._._� _ _. -_ ............. ........ ... ..... ...... __.. .. -_... .._ ......................... ...... .... __. _ ..... SUBMISSION •••••••...•.........•.•••••••• •• ••••• _- - _- ..._ ... ._.. _._.._--- ............ ._ _. SO 10.2913 PLANNING REVISION SO 10.23-I3 PLANNING COLORED PRECAST ._...._._._........-_._.._......_..__._.. .... ...... ..... ___ CONCRETECAP �:._:..__.......-.._...._.__._..�. _ ........ .......................... ... .._ . ._.. .... ._-. _. ..... - ... .. ... .__ PAINTEDMETAL .............................. _ ... _......... __.__....... .. .................... ._.. ... .._ __. _... .. ._.. ._ _....___......_............... _ --- __-. ___._ ___.__.. SANDSTONE ACCENT _.. .... _- -. ....: .... ._____..."_ .___'__.._- .......__-_ ......__. ...-.....__—_.-_ . ..._.................................... ...... ..... ......-- ......... . ........... ..._........................._.._. ....__, --- --- -- -- - - ---- EL.RDLEVELFINI6H FLOOR BRICK _ ___ _ ___ _— __ __ _ ___ _ _ _ _ _—_____ _ _ _ -_ ... _.._... EL.124'-0' .. ... .... ... .. ...... GROUND FACE CMU SECOND LEVEL FINISH FLOOR _____ _ _ _ _ _ _ _ EL ll3'-0' 422 E. COOPER Aspen,Colorado _ _ �___ ___ MAIN LEVEL FINISH FLOOR EL. g —- ALLEY i PROIECi N0: 21317.00 OWG FILE: A101.LOWER LEVEL PW.dwg SHEET TOLE EAST ELEVATION EAST ELEVATION A202 ©2013 iu�°o°1P1n'ur�e,rc �� nMO mwxaesrimx,ais.auwN �� amrwwr�mm. PO SEV RE+PLANNING 9a:J,:,9,.9 9.aaLT ,aaA 99,9a,9a x1911 1e19)o/91s elss IF19�9 B A consuRam 96'-5' PAINTED METAL NEW MAKE UP AIR UNIT SANDSTONE ACCENT NEW SCRUBBER BRICK - --- - - - - --- _---_— __ _-- - -_ MECH EGIIIPMENT MA%HEIGHT -- - _ ___ T EL.141'�i' I I i — r E .._ ... ___ _ _—_____ _ _—_ --_ L.1136'dOFPA APET R - - -- .._ .__ ....._ .. - �_ 11 -- COLORED PRECAST ""' "- """ - -- CONCRETECAP -- '_-- """ '�- - ................. .. J .._ .._. ... 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COLORED PRECAST _ CONCRETECAP _"'--""-- -- COLOREDPRECAST CONCRETE LINTEL 1 H 50 10.23-13 PLANNING SIIBM6SION M 10.2&13 PLANNING REVISION ..,E _ IR FNISH FLOOR COLORED PRECAST CONCRETE LINTEL GROUND FACE CIVIL SECOND LEVEL FINISH FLOOR 0 422 E. COOPER Aspen,Colorado SPLIT-FACE CMU PAINTED METAL DOOR MAIN LEVEL FINISH FLOOR _Y ALLEY L B'3 W1 sn� PROIEOT NO 71311. Q 14 FILE: AI01-LOWER LEVEL PLAN EwR sNEET LL s NORTH ELEVATION s NORTH ELEVATION A204 i _ ©2013 Il� crc d -�m�aw "'rmt'.'a r. ,=a posy ARCHITECTURE+PLANNING 13m c��swc"m tu�> SO 10.23-t3 PUNNING SUBMISSION SO ID-29-13 PLANNING SUBMISSION I�R--- I -- - — rtm onrxt T-- m 422 E. COOPER Aspen,Colorado 3 5 5 3 PRwECr Nro o1317.00 E W`F1 A101-LONER LEVEL PILQLN9 SHEETT LE COMPOSITE ELEVATIONS -e�_ COMPOSITE ELEVATION A205 �� un•.ra g44 C 2013°w" 08 "r.x.on�.s nczzr��or raarn. d� �.nu✓msnc poss ARCHITECTURE+PLANNING Of F311 M fiAFEI ITI 9/ � 3 /930 3 R IE O _ O M O hsue SD 10.23.13 PLANNING SUBMISSION SD 10.29-13 PLANNING SUBMISSION ap REcEIVeD w 422 E.RPPIR Aspen,Colora 02013 C��y"ry FASP DEVE(ppME�. g k. 3 5 3 So PAOlECi 110: 21311.00 E OI'IC FlII: A101-LOWER LEVEL PtAN.tlwg SHEETTR SKETCH UP SCENES A206 ©2C13 u, o� w.v �s OC A� o ill Cl ¢ B COD e e x �e MFUM so 0 r 1 ' J I'l: Ci�i rt I TO Now�IIN�IR n tc�i"Eiur,'s� 8mo'mmd lan41 H3MOl-IDINsBuu:,e�p��uaw0o�anapay�atloo73 dZ60�'OEf IZ1E[OL�ad�s�oalmdA'0'41od 4! A EXHIBIT,- . C AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE COD ADD SS OF PROPERTY: 4a) E KZ-6 ML , Aspen, CO SCHEDULED PUBLIC HEARING DATE: Lk&V { 0 , 20 t - STATE OF COLORADO ) ) ss. County of Pitkin ) ` I,� �/ A . ILAS�kk� cC (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: ✓/ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen(15) days prior to the public hearing on the day of , 20 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) a=1+. Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty(30) days prior to the date"scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAS or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. 4Sit re The foregoing"Affidavit of Notice" was acknowledged beforee this day of > �'� , 201_' ,by -JA4&U LIA) , PUBUCNOrICE WITNESS MY HAND AND OFFICIAL SEAL RE: 420 E.COOPER AVENUE,FINAL MAJOR DEVELOPMENT AND FINAL COMMERCIAL DE- SIGN REVIEW /'''� NOTICE IS HEREBY GIVEN that a public hearing My commission expires: 1 jto will be held on Wednesday,January 8,2014,at a meeting to begin at 5:00 p.m.before the Aspen Historic Preservation Commission,Council Cham- bers,City Hall,130 S.Galena St.,Aspen,to con- sider an application submitted by Red Onion In- vestors,c/o Andrew Hecht,Garfield and Hecht,PC, 601 E.Hyman Avenue,Aspen,CO. The applicant Notary Public is represented by Poss Architecture and Planning and Stan Clauson Associates.The project affects the property located at 420 E.Cooper Avenue,Lots N,O and P,Block 89,City and Townsite of Aspen, County of Pitkin, State of Colorado, PID #2737-182-16-061. The applicant proposes to de- molish,in part or in total,a 1950s era extension on the east side of the original Red Onion building. The replacement construction will be a three story bung wdh commercial uses and one residential ATTACHMENTS AS APPLICABLE: unit on the second and third floors. For further in- formation,contact Sara Adams at the City of As- pen Community Development Department,130 S. PUBLICATION Galena St.,Aspen,CO,(970)429-2778,sara.ad- ams @cityofaspen.com. 7 OF THE POSTED NOTICE (SIGN) Clair,Aspen Historic Preservation Commis- DWNERS AND GOVERNMENTAL AGENCIES NOTICED sion Publish in The Aspen Times Weekly on December 19,2U,3. (sB°osea) ERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE ADDRESS OF PROPERTY: 420 E. Cooper Avenue ,Aspen, CO SCHEDULED PUBLIC HEARING DATE: January 8 ,20 14 STATE OF COLORADO ) ) ss. County of Pitkin ) 1, Stan Clauson (name,please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. X Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen(15) days prior to the public hearing on the jj_�day of D , 20 i'z,, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. X Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. . The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) X _ Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty(30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Si re The foregoing"Affidavit of Notice"was acknowledged before me this M day of De cam.lop v ,20_a, by S4-a" C (av%e WITNESS MY HAND AND OFFICIAL SEAL PATRICK S. RAWLEY My commission expires: 7 120 r NOTARY PUBLIC STATE OF COLORADO NOTARY ID#19994012259 -� Q My Commission Expires July 26,2016 Notary Public ATTACHMENTS AS APPLICABLE: • COPY OF THE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE(SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. X24-65.5-103.3 PUBLIC NOTICE RE: 420 E. COOPER AVENUE, FINAL MAJOR DEVELOPMENT AND FINAL COMMERCIAL DESIGN REVIEW NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, January 8, 2014, at a meeting to begin at 5:00 p.m. before the Aspen Historic Preservation Commission, Council Chambers, City Hall, 130 S. Galena St., Aspen,to consider an application submitted by Red Onion Investors, c/o Andrew Hecht, Garfield and Hecht, PC, 601 E. Hyman Avenue, Aspen, CO. The applicant is represented by Poss Architecture and Planning and Stan Clauson Associates. The project affects the-property located at 420 E. Cooper Avenue, Lots N, O and P, Block 89, City and Townsite of Aspen, County of Pitkin, State of Colorado, PID 42737-182-16-061. The applicant proposes to demolish, in part or in total, a 1950s era extension on the east side of the original Red Onion building. The replacement construction will be a three story building with commercial uses and one residential unit on the second and third floors. For further information, contact Sara Adams at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970)429-2778, sara.adams @cityofaspen.com. s/Jay Maytin Chair,Aspen Historic Preservation Commission Published in the Aspen Times on December 19,2013 City of Aspen Account PUBLIC N - DATE: Wed., 8 January_201, TIME: 5 pm PLACE: Basement of City a 130 S. Galena St., As�aen PURPOSE: The Historic Preservatio Commission shall consid', application submitted by Red Onion Investors, represented by Poss Architecture & Planning and Stan Clauson Assoc,, to partially demolish the one story east side of the Red Onion building and build a three story building with ; commercial space and 1 residence. FOR FURTHER INFORMATION,CONTACT ASPEN PLANNING DEPARTMENT, 130 SOUTH GALENA,ASPEN CO(970)920.5090 ��SiAHCL4USONAS$GCIAiESn[ �J �1e aos - 315 220 U497 6 204 515 0 55 110 u5 205 H1 209 Feet 216 - S 211 This map/drawing/image is a graphical representation — of the features depicted and is not a legal representation. The accuracy may change depending on the enlargement or reduction. 400 Copyright 2013 Aspen/Pitkin GIS 13 "7 12/13/2013 2:04:01 PM C:\GIS\temp\Deol3\3001t_RedOnionUnitl.=d 400 f 510 514 Jul .. 320 40b 41r41411b 420 42ti 428 430 +i32 �_ 6ESCGJ F z E HYMAN AVE LL) J 431 433 0 601 401- 407 409 413 415 419 I U1 501 505 301 315 ' 303r 517 521 30 305 3051 302 r' 307j 30.1 - - - 307 308 I' 30 309 308 F rn LU F 312 312 Z J U 314 315 Q 314 O �16 4141618 420 ._'43.0 434.- X371318 320 400 408 422 42420 rnO', 520 534 500 E COOPER AVE 50i —_ 401 405 419 429 433 525 521531 Ti 1 447 402 402 401 408 1 406 406 1. 409 450 520 — H U) J 420 570 516 E DURANT AVE 7=7] �- i STAN CLAUSON ASSOCIATES INC landscape architecture planning. resort design 412 North Mill Street Aspen, Colorado 81611 t.970/925-2323 f.970/92o-1628 info @scaplanning.com www.scaplanning.com 19 December 2013 Ms. Sara Adams City of Aspen Community Development Department 130 S. Galena Street, 3rd Floor Aspen, CO 81611 Re: 420 E. Cooper Avenue / Research of Mineral Estate Owners Dear Sara: On behalf of our clients, Red Onion Investors, LLC, and in connection with the application for HPC Final Commercial Design Review and Major Development for the property located at 420 E. Cooper, we have performed the public notice requirements as required by Sec. 26.304.060(E) of the City of Aspen Land Use Code. Among the requirements contained in Sec. 26.304.060(E) is the requirement to notify affected mineral estate owners by certified mailing at least fifteen (15) days prior to the date of the public hearing. Stan Clauson Associates, Inc. has researched the existence of mining claims or possession deeds dating to the late 19th century with the Pitkin County Clerk: and Recorder's records (the "Public Records") and using the Title Policy issued by Lawyers Title Insurance Corporation, case number PCT21730L, issued to Onion Ventures Il, LLC. A review of the Public Records does not identify any Mineral Deeds or Mining Deeds relating to the property. This letter is submitted to you to confirm our good-faith attempts to locate a list of mineral estate owners. Please call me with any questions. Very truly yo rs, Signed before me this 19th day of December, 2013 by Stan Clauson. WITNESS MY HAND AND OFFIC L SEAL St a AICP, ASLA MY COMMISSION EXPIRES: 7 STAN CLAUSON ASSOCIATES, INC. A-T-a..I c.r- s • w - Notary Public Notary Public's Signature PATRICK S. RAWLEY NOT;a,RY PUBLIC STATE OF COLORADO NOTARY II?#19994012259 My Comrtissbn Expires July 26,2016 Easy PeelO Labels i ♦ fiend along line to I ® AVERY®s1600 i Use Avery®Template 51600 Feed Paper expose Pop-up EdgeTM j 1 305-7 MILL STREET LLC 4 SKIERS LP 400 EAST HYMAN LLC 412 N PAULINA 1108 NORFLEET DR 121 S GALENA ST#203 CHICAGO,IL 60622 NASHVILLE,TN 372201412 ASPEN,CO 81611 400 HYMAN LLC 400 HYMAN LLC 407 HYMAN LLC 5454 CR 346 6829 QUEENFERRY CIR 416 MOORE DR SILT,CO 81652 BOCA RATON,FL 33496 ASPEN,CO 81611 409 EAST HYMAN LLC 112 434 EAST COOPER AVENUE LLC 450 SOUTH GALENA ST INVESTORS LLC 63 FOX PROWL 2001 N HALSTED STE 304 450 S GALENA ST#202 CARBONDALE,CO 81623 CHICAGO, IL 60614 ASPEN,CO 81611 520 EAST COOPER PTNRS LLC AGRUSA LISA ANN AP RT 29 LLC 402 MIDLAND PARK 4761 W BAY BLVD#1704 418 E COOPER AVE#207 ASPEN,CO 81611 ESTERO,FL 33928 ASPEN,CO 81611 ASPEN CORE VENTURES LLC ASPEN GROVE ASSOCIATES LLP ASPEN RETREAT LLC 418 E COOPER AVE#207 51027 HWY 6&24#100 6536 E GAINSBOROUGH ASPEN,CO 81611 GLENWOOD SPRINGS,CO 81601 SCOTTSDALE,AZ 85251 AVH ONION VENTURES II LLC 8.208 BARNETT-FYRWALD HOLDINGS INC BLACK HAWK ASPEN LLC 601 E HYMAN AVE 2222 COTTONDALE LN#200 ROECLIFFE COTTAGE JOE MOORES LN ASPEN,CO 81611 LITTLE ROCK,AR 722022017 WOODHOUSE EAVES LEICESTERSHIRE LE12 8TF ENGLAND, BOUNTY LLC BPOE ASPEN LODGE#224 CARLSON BRUCE E TRUST 413 E HYMAN AVE 210 S GALENA ST#21 PO BOX 3587 ASPEN,CO 81611 ASPEN,CO 81611 ASPEN,CO 81612 CHARLIES COW COMPANY LLC CHISHOLM REVOCABLE TRUST CITY OF ASPEN 315 E HYMAN AVE 3725 N GRANDVIEW DR ATTN FINANCE DEPT ASPEN,CO 81611 FLAGSTAFF,AZ 86004-1603 130 S GALENA ST ASPEN,CO 81611 COASTAL MOUNTAIN INVESTMENTS COASTAL MTN PROPERTIES LLC COLBY FROST LLC 1/2 LLC 2639 MC CORMICK DR 1806 OURAY RD 2519 N MCMULLEN BOOTH RD#510-307 CLEARWATER,FL 33759 GLENWOOD SPRINGS,CO 81601 CLEARWATER,FL 33761 COOPER STREET COMPANY COOPER STREET DEVELOPMENT LLC COTTONWOOD VENTURES I LLC 601 E HYMAN AVE C/O PYRAMID PROPERTY ADVISORS 419 E HYMAN AVE ASPEN,CO 81611 418E COOPER AVE#207 ASPEN,CO 81611 ASPEN, CO 81611 ttiquettes faciles A peter ; 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® waled q selpel sa4anblll3 SWENERG JAMES&SANDRA L TENNESSEE THREE TENNESSEE THREE RENTALS 2660 ROCK REST RD PO BOX 101444 C/O J H COBLE PITTSBORO,NC 27312 NASHVILLE,TN 37224-1444 5033 OLD HICKORY BLVD NASHVILLE,TN 37218-4020 TOMKINS FAMILY TRUST VALLEY INVESTMENTS LLC WAVO PROPERTIES LP 520 E COOPER AVE#209 602 E COOPER#202 5121/2 E GRAND AVE#200 ASPEN,CO 81611 ASPEN,CO 81611 DES MOINES, IA 50309-1942 WENDELIN ASSOC WF SWEARINGEN LLC WHEELER BLOCK BUILDING LLC 150 METRO PARK 450 CONWAY MANOR DR NW TKG MANAGEMENT INC CIO ROCHESTER,NY 14623 ATLANTA,GA 30327 211 N STADIUM BLVD STE 201 COLUMBIA,MO 65203 WHEELER SQUARE-GASPER FAMILY WOLF LAWRENCE G TRUSTEE WOODS FAMILY LP LLC 22750 WOODWARD AVE#204 PO BOX 11468 ASPEN,,CO C81611 315E FERNDALE,MI 48220 ASPEN,CO 81612 O T r LaBpd do dod asodxa ® Laded paaj OHS MUMV 009Ls olelduaa.®f tanV ash 01 Bull fiuole 1 slagel(0189d Ase3 MEMORANDUM TO: Aspen Historic Preservation Commission FROM: Sara Adams, Senior Planner RE: 422 E. Cooper Street - Final Major Development and Final Commercial Design review, Public Hearing DATE: January 8, 2014 SUMMARY: The applicant proposes to demolish the back portion of the one story commercial space adjacent to the 1892 Red Onion building and construct a three story addition. The one story commercial space was originally built in 1955/56 as an expansion of the Red Onion restaurant to provide a larger dining room. It is not considered a historic resource. The 1892 Red Onion sits on a 9,000 square feet lot that includes the one story commercial space to the east (the subject of this review) and a two story commercial space to the west that was also constructed as an expansion of the Red Onion for a nightclub and stage. All three spaces were internally connected at one time. The entire lot is designated a historic landmark and is considered contributing to the Commercial Core Historic District. There are currently no residential units on the 9,000 square feet parcel. The applicant proposes to create one new residential unit that spans the second and third floor of the proposed new addition. The first floor is proposed to be commercial use. The conceptual application proposed a basement space that has since been omitted from the final application due to difficulties with the excavation. Staff recommends that the applicant submit a redesign by noon on January 7t" to address Staff s concerns about redesigning the vertical elements on the second story to relate to the historic district, and to add an airlock. Staff recommends continuation if the applicant does not submit a redesign by the 7th to address these items. A draft resolution is included in the packet. APPLICANT: Red Onion Investors, LLC, represented by Stan Clauson Associates, Inc. PARCEL ID: 2737-182-16-061 ADDRESS: 422 East Cooper Street, Lots N, O P, Block 89, City and Townsite of Aspen. ZONING: CC, Commercial Core, Historic District Overlay. 1 CONDITIONS OF APPROVAL FROM CONCEPTUAL REVIEW HPC adopted the following conditions of approval to be addressed in the Final Review application. 1. Demolition of the building located at 422 E. Cooper Street and retaining the front facade is approved with the condition that a structural assessment of the front facade be submitted with the Final Review application. The applicant included a letter from Oddo Engineering that indicates bracing of the brick wall should be adequate to preserve it in place. Staff finds this condition to be met. During Conceptual Review Staff raised concerns that if the front facade is demolished during construction that the building not be replicated. Instead of replication it is more appropriate for a newly designed first story that meets the Guidelines be proposed to HPC as a substantial amendment to the approval. Staff feels strongly that the building not be replicated if it is demolished during construction a condition of approval is included in the draft resolution. 4. A mechanical plan and elevations shall be submitted with the Final Review application. The applicant submitted a mechanical plan and shows the proposed mechanical equipment in elevation. An assessment of the existing equipment is provided from Architectural Engineering Consultants, Inc. in the application. The large "make up air" unit that is over 60" tall and is currently atop the subject building can be replaced with a much smaller model that would be a total of 52" include the curb. Staff was most concerned about the existing large make up air unit which is shown as a much reduced newer model atop the proposed third story behind the elevator overrun. The mechanical plan included in the application does not appear to infringe into the Wheeler View Plane. Staff finds this condition to be met. FINAL MAJOR DEVELOPMENT AND COMMERCIAL DESIGN REVIEW Major Development and Commercial Design review is a two-step process requiring approval by the HPC of a Conceptual Development Plan, and then a Final Development Plan. Approval of a Conceptual Development Plan shall be binding upon HPC in regards to the location and form of the envelope of the structure(s) and/or addition(s) as depicted in the Conceptual Plan application including its height, scale, massing and proportions. No changes will be made to this aspect of the proposed development by the HPC as part of their review of the Final Development Plan unless agreed to by the applicant. The procedure for Final Major Development Review and Commercial Design Review is as follows. Staff reviews the submittal materials and prepares a report that analyzes the project's conformance with the design guidelines and other applicable Land Use Code Sections. This report is transmitted to the HPC with relevant information on the proposed project and a recommendation to continue, approve, disapprove or approve with conditions and the reasons for the recommendation. The HPC will review the application, the staff analysis report and the evidence presented at the hearing to determine the project's conformance with the design 2 guidelines. The HPC may approve, disapprove, approve with conditions, or continue the application to obtain additional information necessary to make a decision to approve or deny. For new development in the Commercial Core Historic District, the guidelines found in the 2007 Commercial, Lodging and Historic District Design Objectives and Guidelines along with relevant preservation guidelines within the City of Aspen Historic Preservation Guidelines are applied. Commercial design review must address the following criteria: A. The proposed development meets the requirements of Section 26.412.060, Commercial design standards, or any deviation from the standards provides a more appealing pattern of development considering the context in which the development is proposed and the purpose of the particular standard. Unique site constraints can justify a deviation from the standards. Compliance with Section 26.412.070, Suggested design elements, is not required but may be used to justify a deviation from the standards. B. For proposed development converting an existing structure to commercial use, the proposed development meets the requirements of Section 26.412.060, Commercial design standards, to the greatest extent practical. Changes to the fagade of the building may be required to comply with this Section. C. The application shall comply with the guidelines within the Commercial, Lodging and Historic District Design Objectives and Guidelines as determined by the appropriate Commission. The guidelines set forth design review criteria, standards and guidelines that are to be used in making determinations of appropriateness. The City shall determine when a proposal is in compliance with the criteria, standards and guidelines. Although these criteria, standards and guidelines are relatively comprehensive, there may be circumstances where alternative ways of meeting the intent of the policy objectives might be identified. In such a case, the City must determine that the intent of the guideline is still met, albeit through alternative means. STAFF RESPONSE: A list of the relevant Commercial design guidelines is included in the application. Only certain guidelines are relevant because this project preserves the first floor as it currently exists. Historic Preservation Guidelines to consider are listed at "Exhibit A." Final review focuses on landscape plan, lighting, fenestration and selection of new materials. Landscape plan: A landscape plan is not proposed as there is no place for landscaping. Li htin : A lighting plan was not included in the application. Staff recommends that Staff and Monitor review and approval light fixtures and locations for the project. Fenestration: The applicant proposes to replace the existing large picture window on the first floor with an identical sized window. A series of three double hung windows and a glass door are proposed on the front elevation of the second floor and two glass doors are proposed on the front elevation of the third floor. 3 Staff is supportive of the proposed fenestration and glass doors and finds that the following design guidelines regarding windows are met: 6.40 Maintain the repetition of similar shapes and details along the block. ❑ Upper storywindows should have a vertical emphasis. In general, they should be twice as tall as they are wide. ❑ Headers and sills of windows on new buildings should maintain the traditional placement relative to cornices and belt courses. Materials: The conceptually approved mass and scale provide large setbacks on the second and third floors of the front facade. The applicant proposes a material palette using mostly brick with sandstone accents and metal accents. The brick on the first floor is currently painted-and will- remain so, the upper floor brick is proposed to be unpainted. The third floor contains a simplified application of the materials as compared to the second floor details. The Design Guidelines emphasize the use of traditional materials for new construction in the Commercial Core. Staff finds that the proposed materials are consistent with the Guidelines. 6.59 High quality,durable materials should be employed. ❑ The palette of materials proposed for all development should be specified and approved as part of the general and detailed development approvals process, including samples of materials as required. 6.60 Building materials should have these features: ❑ Convey the quality and range of materials seen historically ❑ Reduce the scale and enhance visual interest ❑ Convey human scale ❑ Have proven durability and weathering characteristics within this climate 6.61 The palette of materials used for new buildings within the core should reflect the predominantly masonry (brickwork and natural stonework) palette of this area. 6.63 Where contemporary materials are used they shall be: ❑ High quality in durability and finish ❑ Detailed to convey a human scale ❑ Compatible with a traditional masonry palette 6.64 Materials used for third floor accommodation set back from the street favades(s) should be more subdued than the primary facades. Architectural Elements: The applicant proposes to remove the existing decorative cap on the one story building and replicate it with a new cap. Sandstone, brick and metal vertical ribs are proposed on the second level addition. Staff is concerned about the vertical "ribs" proposed for the second floor. Downtown buildings have a consistent horizontal emphasis. Staff appreciates the interest that is provided by the 4 vertical elements, but finds that they are out of character with the street context and recommends a restudy to create a more horizontal detail. 6.62 A building or additions to a building should reflect the quality and the variation traditionally found in these materials within the central commercial core. 6.38 Buildings should be designed to reflect the architectural hierarchy and articulation inherent in the composition of the street facade. All of the following should be addressed: ❑ The design and definition ofthe traditionally tall first floor ❑ The proportions of the upper level fenestration pattern ❑ The completion of the sheer street fagade(s) with capping cornice or other horizontal modeling 6.39 A building should reflect the three dimensional characteristics of the street faVade in the strength and depth of modeling, fenestration and architectural detail. 6.62 A building or additions to a building should reflect the quality and the variation traditionally found in these materials within the central commercial core. Vestibule: The applicant proposes a 5'6" wide entrance that is 7' 91/2" deep. The Commercial Design Standards require an airlock for all new structures (Guideline 6.49). While this is an addition to an existing structure, there is an ability to add an airlock, which Staff recommends be incorporated. Guideline 6.41 recommends a recessed entryway; however, considering the nontraditional style of the first floor and the generous setbacks of the upper levels, Staff recommends an entry door that is flush with the front facade to create an airlock and to help define the street wall. Emphasis added below. 6.41 Maintain the pattern created by recessed entry ways that are repeated along a block. ❑ Set the door back from the front fagade approximately 4 feet. This is an adequate amount to establish a distinct threshold for pedestrians. ❑ Where entries are recessed, the building line at the sidewalk edge should be maintained by the upper floor(s). ❑ Use transoms over doorways to maintain the full vertical height of the storefront. 6.49 Incorporate an airlock entry into the plan for all new structures. ❑ An airlock entry that projects forward of the primary fagade at the sidewalk edge is inappropriate. ❑ Adding temporary entries during the winter season detracts from the character of the historic district. ❑ Using a temporary vinyl or fabric "airlock" to provide protection from winter weather is not permitted. 5 The HPC may: • approve the application, • approve the application with conditions, • disapprove the application, or • continue the application to a date certain to obtain additional information necessary to make a decision to approve or deny. RECOMMENDATION: Staff recommends that the applicant submit a resdesign by noon on January 7th to resolve the issues mentioned above. If a design is not submitted, Staff recommends that HPC continue the hearing to restudy the second floor vertical details and to incorporate an airlock. A draft resolution is included in the packet that_proposes the following conditions of approval: 1. Conceptual approval: HPC Resolution#26, Series of 2012 approved the following: a. Demolition of the building located at 422 E. Cooper Street and retaining the front fagade is approved with the condition that a structural assessment of the front fagade be submitted with the Final Review application. b. The mass and scale is approved as presented in the application. c. A maximum of 38 feet is approved as presented in the application, with Land Use Code height exemptions for elevator overrun and mechanical equipment as stated in Section 26.575.020.F(4)Allowed Exemptions to Height Limitations. d. A mechanical plan and elevations shall be submitted with the Final Review application. e. Off-site public amenity improvements to the Pedestrian Malls is approved in accordance with Land Use Code Section 26.575.030.C(2) Off-site provision of public amenity and is subject to review and approval by the Parks Department. The improvements shall equal or exceed the value of the cash in lieu payment of $67,500. f. The proposal is determined to have a minimal impact on the viewplane due to the existing development that already blocks the viewplane and is hereby exempt from being processed as a PUD in accordance with Section 26.435.050.0.1. Any mechanical equipment placed within the viewplane shall comply with Section 26.435.050, which may require a new viewplane review. 2. Demolition: Demolition approval of the back portion of the existing building is granted. The front fagade is to remain in place. Demolition of the front fagade, defined as removal of 40% of the existing front fagade face, shall require a redesign of the first floor elevation to meet the Design Standards and shall require a substantial amendment to the approved plans that is reviewed by HPC pursuant to Land Use Code Section 26.415.070.E.2 Amendments Substantial and Insubstantial and Section 26.412.080.13 Amendment of Commercial Design Review Approval—Substantial. 3. Mechanical: The mechanical equipment is required to meet height limitations in the Land Use Code. 6 4. Lighting: A lighting plan and light fixtures shall be reviewed and approved by Staff and Monitor prior to purchase and installation. All lighting shall meet Land Use Code requirements. 5. Architectural Details: Staff and Monitor shall review and approve a restudy of the architectural details, the vertical ribs, proposed on the second and third floors of the addition prior to issuance of a building permit. 6. Airlock: The project is required to incorporate an airlock on the first floor. Staff and Monitor shall review and approve an airlock prior to issuance of a building permit. 7. The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. 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 Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 422 East Cooper Avenue, Lots N, O, and P, Block 89, City and Townsite of Aspen, Colorado. Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. Exhibits: A. Relevant HPC Guidelines B. Application 7 A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) GRANTING MAJOR DEVELOPMENT (FINAL), COMMERCIAL DESIGN STANDARD REVIEW (FINAL), DEMOLITION, AND VIEWPLANE FOR THE PROPERTY LOCATED AT 422 EAST COOPER, LOTS N, O, P, BLOCK 89, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION #_, SERIES OF 2014 PARCEL ID: 2737-182-16-061. WHEREAS, the applicant, Red Onion Investors, LLC, represented by Stan Clauson Associates, Inc., has requested Major Development (Final), Final Commercial Design Standard Review the property located at 422 East Cooper Avenue, Red Onion Condos, Unit 1, Lots N, O, P, Block 89, City and Townsite of Aspen, Colorado; and WHEREAS, 422 East Cooper Avenue is located within the Commercial Core Historic District and is located on a designated historic parcel; and WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or district until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review;" and WHEREAS, Final Major Development Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.D.4.b.2 and 3 of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, for Final Commercial Design Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen Commercial, Lodging and Historic District Design Objectives and Guidelines per Section 26.412.040.A.5, Commercial Design Standards Review Procedure, of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, Sara Adams, in her staff report to HPC dated January 8, 2014 performed an analysis of the application based on the standards, found that the review standards had been met with conditions, and recommended approval with conditions; and 422 East Cooper Avenue HPC Resolution # , Series of 2014 Page 1 of 4 WHEREAS, at their regular meeting on January 8, 2014, the Historic Preservation Commission considered the application during a duly noticed public hearing, the staff memo and public comments, and found the proposal consistent with the review standards and recommended approval with conditions by a vote of NOW, THEREFORE, BE IT RESOLVED: That HPC hereby grants HPC Major Development (Final), Final Commercial Design Standard Review, for the property located at 422 East Cooper Avenue, Lots N, O, P, Block 89, City and Townsite of Aspen, Colorado with the following conditions: 1. Conceptual approval: HPC Resolution #26, Series of 2012 approved the following: a. Demolition of the building located at 422 E. Cooper Street and retaining the front facade is approved with the condition that a structural assessment of the front facade be submitted with the Final Review application. b. The mass and scale is approved as presented in the application. c. A maximum of 38 feet is approved as presented in the application, with Land Use Code height exemptions for elevator overrun and mechanical equipment as stated in Section 26.575.020.F(4)Allowed Exemptions to Height Limitations. d. A mechanical plan and elevations shall be submitted with the Final Review application. e. Off-site public amenity improvements to the Pedestrian Malls is approved in accordance with Land Use Code Section 26.575.030.C(2) Off-site provision of' public amenity and is subject to review and approval by the Parks Department. The improvements shall equal or exceed the value of the cash in lieu payment of $67,500. f. The proposal is determined to have a minimal impact on the viewplane due to the existing development that already blocks the viewplane and is hereby exempt from being processed as a PUD in accordance with Section 26.435.050.C.1. Any mechanical equipment placed within the viewplane shall comply with Section 26.435.050, which may require a new viewplane review. 2. Demolition: Demolition approval of the back portion of the existing building is granted. The front facade is to remain in place. Demolition of the front facade, defined as removal of 40% of the existing front fagade face, shall require a redesign of the first floor elevation to meet the Design Standards and shall require a substantial amendment to the approved plans that is reviewed by HPC pursuant to Land Use Code Section 26.415.070.E.2 Amendments Substantial and Insubstantial and Section 26.412.080.B Amendment of Commercial Design Review Approval—Substantial. 3. Mechanical: The mechanical equipment is required to meet height limitations in the Land Use Code. 4. Li htin : A lighting plan and light fixtures shall be reviewed and approved by Staff and Monitor prior to purchase and installation. All lighting shall meet Land Use Code requirements. 5. Architectural Details: Staff and Monitor shall review and approve a restudy of the architectural details, the vertical ribs, proposed on the second and third floors of the addition prior to issuance of a building permit. 422 East Cooper Avenue HPC Resolution #_, Series of 2014 Page 2 of 4 6. Airlock: The project is required to incorporate an airlock on the first floor. Staff and Monitor shall review and approve an airlock prior to issuance of a building permit. 7. The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. 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 Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 422 East Cooper Avenue, Lots N, O, and P, Block 89, City and Townsite of Aspen, Colorado. Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. [signatures on the following page] 422 East Cooper Avenue HPC Resolution # , Series of 2014 Page 3 of 4 Jay Maytin, Chair Approved as to Form: Debbie Quinn, Assistant City Attorney ATTEST: Kathy Strickland, Chief Deputy Clerk Exhibit A: approved plans and elevations 422 East Cooper Avenue HPC Resolution# , Series of 2014 Page 4 of 4 Exhibit A: COMMERCIAL, LODGING AND HISTORIC DISTRICT DESIGN OBJECTIVES AND GUIDELINES, COMMERCIAL CORE HISTORIC DISTRICT- FINAL REVIEW (Replaces Chapter 13 of the Historic Preservation Design Guidelines) 6.35 Anew building shall reflect the traditional lot width (30 ft.) as expressed by two or more of the following: ❑ Variation in height at internal lot lines ❑ Variation in the plane of the front facade ❑ Street facade composition ❑ Variation in architectural detailing and materials to emphasize the building module 6.36 The detailed design of the building facade should reflect the traditional scale and rhythm of the block. This should be achieved using all of the following: ❑ The fenestration grouping ❑ The modeling of the facade ❑ The design framework for the first floor storefront ❑ Variation in architectural detail and/or the palette of fayade materials 6.37 Divide a larger building into "modules" that are similar in width to buildings seen historically. ❑ Where a building is planned to exceed one lot width, use a change in design features to suggest the traditional building widths. Changes in fagade material, window design, facade height or decorative details are examples of techniques that should be used. These variations should be expressed throughout the depth of the structure, including its roof,such that the composition appears to be a collection of smaller buildings. 6.38 Buildings should be designed to reflect the architectural hierarchy and articulation inherent in the composition of the street faVade. All of the following should be addressed: ❑ The design and definition ofthe traditionally tall first floor ❑ The proportions of the upper level fenestration pattern ❑ The completion of the sheer street fa�ade(s) with capping cornice or other horizontal modeling 6.39 A building should reflect the three dimensional characteristics of the street fagade in the strength and depth of modeling, fenestration and architectural detail. 6.40 Maintain the repetition of similar shapes and details along the block. ❑ Upper story windows should have a vertical emphasis. In general, they should be twice as tall as they are wide. ❑ Headers and sills of windows on new buildings should maintain the traditional placement relative to cornices and belt courses. 6.41 Maintain the pattern created by recessed entry ways that are repeated along a block. ❑ Set the door back from the front fagade approximately 4 feet. This is an adequate amount to establish a distinct threshold for pedestrians. ❑ Where entries are recessed,the building line at the sidewalk edge should be maintained by the upper floor(s). ❑ Use transoms over doorways to maintain the full vertical height of the storefront. 6.42 The general alignment of horizontal features on building fronts should be maintained. ❑ Typical elements that align include window moldings, tops of display windows, cornices, copings and parapets at the tops of buildings. ❑ When large buildings are designed to appear as several buildings, there should be some slight variation in alignments between the fagade elements. 6.43 Any new building shall be designed to maintain a minimum of 9 feet from floor to ceiling on all floors. 6.44 Maintain the distinction between the street level and upper floors. ❑ No upper floor shall be taller than the first floor. ❑ Floor-to-floor heights should appear to be similar to those seen historically. In particular, the windows in new construction should appear similar in height to those seen traditionally. • The first floor of the primary fayade should be predominantly transparent glass. • Upper floors should be perceived as being more opaque than the street level. Upper story windows should have a vertical emphasis. • Highly reflective or darkly tinted glass is inappropriate. • Express the traditional distinction in floor heights between street levels and upper levels through detailing, materials and fenestration. The presence of a belt course is an important feature in this relationship. 6.45 A new building should be designed to maintain the stature of traditional street level retail frontage. ❑ This should be 13-15 ft.in floor to floor height on the first floor. ❑ The minimum required first floor height must be maintained for at least the first 50 foot depth of the lot, and may only be dropped to a lower height beyond that point for areas that are devoted to storage, circulation,offices, restaurant kitchens, alley commercial spaces, or similar secondary uses. 6.46 Minimize the appearance of a tall third floor. ❑ Where a third floor height is in excess of 12 ft., it should be set back a minimum of 15 ft. from the street fagade to reduce the apparent height. ❑ Increase the parapet height to screen the visual impact of a tall top floor. ❑ The design of a set back third floor shall be simpler in form,more subdued in modeling, detail and color than the primary fagade. 6.47 The first floor fagade and retail frontage should be designed to concentrate interest at the street level, using the highest quality of design, detailing and materials. ❑ The framework for the first floor of the fagade, as identified in architectural tradition as characteristic first floor design. ❑ An entryway, door and transom light designed to use the full storefront height. ❑ A distinct change in the palette of materials used for the first floor design framework. ❑ The depth and strength of the modeling of elements and details. 6.48 The retail entrance should be at the sidewalk level. ❑ All entrances shall be ADA compliant. ❑ On sloping sites the retail frontage should be designed to maintain as close to a level entrance as possible. 6.49 Incorporate an airlock entry into the plan for all new structures. ❑ An airlock entry that projects forward of the primary fagade at the sidewalk edge is inappropriate. ❑ Adding temporary entries during the winter season detracts from the character of the historic district. ❑ Using a temporary vinyl or fabric "airlock" to provide protection from winter weather is not permitted. 6.50 Window area along the first floor shall be a minimum of 60% of exterior street facade area when facing principal street(s). 6.51 A building shall be designed to maintain or create the character and transparency of the traditional street level retail frontage. This shall be achieved using more than one of the following: ❑ A traditional recessed retail entrance ❑ Retail display cases ❑ Appropriately designed signage and lighting 6.52 Design of the first floor storefront should include particular attention to the following: ❑ The basic elements and proportions of storefront design ❑ Depth and strength of modeling ❑ The palette of materials and finishes used in both the structural framework and the storefront window ❑ The concentration of architectural detail to ensure a rich visual experience ❑ The careful and complementary use of signage and lettering to enhance the retail and downtown character ❑ The careful use of lighting to accentuate visual presence. 6.53 Side and rear building faVades should be designed and articulated to reduce the apparent scale of the building and create visual interest. 6.54 Side and rear faVades providing retail frontage shall include a distinct definition of the first floor, fenestration, design articulation, and/or display cases. 6.55 Retail frontage facing onto side courts or rear alleys should follow similar design principles to street frontage, adjusted for the scale of the space. 6.56 Special features that highlight buildings on corner lots may be considered. ❑ Develop both street elevations to provide visual interest to pedestrians. ❑ Corner entrances, bay windows and towers are examples of elements that may be considered to emphasize corner locations. ❑ Storefront windows, display cases and other elements that provide visual interest to facades along side streets are also appropriate. 6.57 A larger building should reflect the traditional lot width in the form and variation of its roof in order to maintain the scale of the area. This should be achieved through the following: ❑ A set back of the top floor from the front fagade ❑ Reflect the traditional lot width in the roof plane 6.58 The roofscape should be designed with the same design attention as the secondary elevations of the building. ❑ Group and screen mechanical units from view. ❑ Locate mechanical equipment to the rear of the roof area. ❑ Position, articulate and design rooftop enclosures or structures to reflect the modulation and character of the building. ❑ Use materials which complement the design of the building fayades ❑ Design roof garden areas to be unobtrusive from the street. ❑ Use 'green roof design best practice,where feasible. 6.59 High quality,durable materials should be employed. ❑ The palette of materials proposed for all development should be specified and approved as part of the general and detailed development approvals process, including samples of materials as required. 6.60 Building materials should have these features: ❑ Convey the quality and range of materials seen historically ❑ Reduce the scale and enhance visual interest ❑ Convey human scale ❑ Have proven durability and weathering characteristics within this climate 6.61 The palette of materials used for new buildings within the core should reflect the predominantly masonry (brickwork and natural stonework) palette of this area. 6.62 A building or additions to a building should reflect the quality and the variation traditionally found in these materials within the central commercial core. 6.63 Where contemporary materials are used they shall be: ❑ High quality in durability and finish ❑ Detailed to convey a human scale ❑ Compatible with a traditional masonry palette 6.64 Materials used for third floor accommodation set back from the street favades(s) should be more subdued than the primary faVades. 6.65 Paving and landscaping should be designed to complement and enhance the immediate setting of the building and area. October 28,2013 Kim Weil Poss Architecture and Planning 605 East Main Street Aspen, CO 81611 RE: Structural assessment of existing brick facade wall, 422 E. Cooper Street, Aspen, Colorado Dear Kim: In accordance with your request, I observed the condition of the existing front brick facade of the 422 E. Cooper Street building. My observation was limited to the present condition and was limited to the exterior facade only. The existing front brick facade appears to be in good condition and performing as constructed. We understand that the existing facade wall will remain in place during an addition to the building. If the brick facade is braced during construction the wall should be adequate for re-use. Sincerely, ODDO ENGINEERING,= il�il;ltrrfr/fjf obert A. Oddo, P Principal <�'•�F 10 NA X013 Bob2013/422 E Cooper gg 713 COOPER AVENUE, SUITE 200 . GLENWOOD SPRINGS, COLORADO 81601 • (970) 945-1006 • FAX 945-2966 October 28,2013 Kim Weil Poss Architecture and Planning 605 East Main Street Aspen, CO 81611 RE: Structural assessment of existing brick facade wall, 422 E. Cooper Street, Aspen, Colorado Dear Kim: In accordance with your request, I observed the condition of the existing front brick facade of the 422 E. Cooper Street building. My observation was limited to the present condition and was limited to the exterior facade only. The existing front brick facade appears to be in good condition and performing as constructed. We understand that the existing facade wall will remain in place during an addition to the building. If the brick facade is braced during construction the wall should be adequate for re-use. Sincerely, ODDO ENGINEERING, NID q'f-°;�Y'i�z obert A. Oddo, Principal fia RFrT1 , , Bob2013/422 E Cooper OCT 3 0 2013 A-1-Y ASHEN 713 COOPER AVENUE, SUITE 200 • GLENWOOD SPRINGS, COLORADO B1601 • (970) 945-1006 • FAX 945-2966 COMMUNiTy DEVELOPMENT' DEPARTMENT r Agreement to Pay Application Fees An acireement between the City of Aspen (',city")and Phone No.: 970-925-1936 Property Owner("I"): Red Onion Investors, Email: ahecht @garfieldhecht.com Address of Billing 601 East Hyman Avenue Property: 420 E. Cooper Avenue Address: Aspen, CO 81611 (subject of Aspen, CO 81611 (send bills here) c/o Andrew V. Hecht, Esq. 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. $ 325 flatfee for Administrative GMQS $_ 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 co ces for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff ti payment of a deposit does not render an application complete or compliant with approval criteria. r d costs exceed the initial deposit, I agree to pay additional monthly billings to the City to6reij�u�,rrse he y for the processing of my application at the hourly rates hereinafter stated. C)7'Y G ipnal time $ _deposit for hours of Community Development Depart ,��ro�! above the deposit amount will be billed at$325 per hour. r $ deposit for. _hours of Engineering Department staff time.Additional time above the deposit amount will be billed at$265 per hour. City of Aspen: Property Owner. �QpI V�,l� I h,Ve�IN'�► W4 H-5 mod Chris Bendon Name: V Community Development Director Title: City Ilse: Fees Due: $ Received: _ N RECEPTION#: 604981, 10/2412013 at October 16,2013 01:40:26 PM, 1 OF 2, R $16.00 Doc Code VACATION City of Aspen Janice K.Vos Caudill, Pitkin County, CO Community Development Department Attn:Sara Adams 130 S.Galena Street Aspen,CO 81611 Re: Notice to Vacate All Covenants for Red Onion Condominiums This Notice to Vacate in entered into by and between the following entities who comprise the"Owners" of all Red Onion Condominium Units: (i) RED ONION INVESTORS, LLC,a Colorado limited liability company, AVH ONION VENTURES It LLC,a Colorado limited liability company, NH ONION VENTURES II LLC,a Colorado limited liability company, RG ONION VENTURES 11 LLC,a Colorado limited liability company, and SH ONION VENTURES II LLC,a Colorado limited liability company, as the owner of record of Units 1,2,3, 5,6,7 and 8, Red Onion Condominiums, Pitkin County, Colorado; and (ii)AP RT 29, LLC, a Colorado limited liability company,as the owner of record of Unit 4, Red Onion Condominiums, Pitkin County,Colorado,The Owners hereby vacate all covenants for Red Onion Condominiums as set forth in the Condominium Declaration for Red Onion Condominium recorded on March 14, 1984, in Book 462 at Page 980,and First Amendment thereto recorded on November 17, 1998 at Reception#:424568. This Notice to Vacate is executed by the Owners effective as of October 16,2013. OWNERS: Red Onion Investors, LLC,a Colorado limited liability company By: Red Onion Management Company, its Manager By: Andrew V. Hecht, President AVH ONION VENTURES 11 LLC, a Colorado limited liability company By: Andrew V. Hecht,Manager NH ONION VENTURES II LLC, a Colorado limited liability company By Andrew V. Hecht, Authorized Signatory i RG ONION VENTURES 11 LLC, a Colorado limited liability company By:�- Andrew V. Hecht,Authorized Signatory SH ONION VENTURES II LLC, a Colorado limited liability company By. �- p Andrew V. Hecht,Authorized Signatory AP RT 29, LLC, a Colorado limited liability company By: s Andrew V. Hecht, Manager STATE OF COLORADO } COUNTY OF PIKTIN } HEREBY CERTIFY that, on this day, before me, an officer duly authorized in the State and County aforesaid to administer oaths and take acknowledgments, personally appeared Andrew V. Hecht, in his capacity as President of Red Onion Management Company, the Manager of Red Onion Investors, LLC, and also in his capacity as the Manager of AVH Onion Ventures 11 LLC; Manager of AP RT 29, LLC; and Authorized Signatory of NH Onion Ventures 11 LLC, RG Onion Ventures II LLC and SH Onion Ventures 11 LLC who after being duly sworn, acknowledged before me the execution of the foregoing instrument for the purposes therein expressed, and who produced as identification. WITNESS my hand and official seal i the County d State last aforesaid,thisZ day of October, 2013. STAcY STANEK NOTARY PUBLIC N A Y P B EC S A E OF COLORADO STATE OF COLORADO INOTARY WE#20024032730 OctoW7.2014 Name: II My commission expires:6b-7- I THE CITY OF ASPEN ACKNOWLEDGES the vacation of certain covenants associated with the Red Onion Condominiums and the plat map thereof vacated by the City of Aspen pursuant to reception no. 6 Oq TOT Pitkin County Recorder. City of Aspen BY: Date t%� V*44 RECEPTION#: 604980, 10124/2013 at 01:40:24 PM, 1 OF 3, R $21.00 Doc Code VACATION Janice K.Vos Caudill, Pitkin County, CO October 16,2013 City of Aspen Community Development Department Attn:Sara Adams 130 S. Galena Street Aspen,CO 81611 Re: Notice to Vacate Condominium Plat: Units 1 through 8, Red Onion Condominiums This Notice to Vacate in entered into by and between the following entities who comprise the"Owners" of all Red Onion Condominium Units: (i) RED ONION INVESTORS, LLC,a Colorado limited liability company,AVH ONION VENTURES II LLC,a Colorado limited liability company, NH ONION VENTURES II LLC,a Colorado limited liability company, RG ONION VENTURES II LLC, a Colorado limited liability company, and SH ONION VENTURES 11 LLC,a Colorado limited liability company, as the owner of record of Units 1, 2, 3, 5,6,7 and 8, Red Onion Condominiums, Pitkin County, Colorado; and (ii)AP RT 29, LLC, a Colorado limited liability company, as the owner of record of Unit 4, Red Onion Condominiums, Pitkin County,Colorado.The Owners hereby request that the City of Aspen vacate the condominium plat for Units 1 through 8, Red Onion Condominiums,Aspen,Colorado 81611, as recorded on March 14, 1984, Plat Book 15 at Pages 94-97, Reception#258014. LEGAL DESCRIPTION: i UNITS 1, 2,3,4, 5,6,7 AND 8, RED ONION CONDOMINIUMS,according to the Condominium Map i recorded in Plat Book 15 at Pages 94-97 and as defined and described in the Condominium Declaration recorded March 14, 1984 in Book 462 at Page 980. (SIGNATURES AND NOTARIZATIONS ON FOLLOWING PAGES) STATE OF COLORADO } COUNTY OF PIKTIN } I HEREBY CERTIFY that,on this day, before me,an officer duly authorized in the State and County aforesaid to administer oaths and take acknowledgments, personally appeared Andrew V. Hecht, in his capacity as President of Red Onion Management Company, the Manager of Red Onion Investors, LLC,and also in his capacity as the Manager of AVH Onion Ventures II LLC; Manager of AP RT 29, LLC; and Authorized Signatory of NH Onion Ventures II LLC, RG Onion Ventures II LLC and SH Onion Ventures Il LLC who after being duly sworn, acknowledged before me the execution of the foregoing instrument for the purposes therein expressed,and who produced as identification. i i WITNESS my hand and official seal in the County and State last aforesaid,thiszday of October,2013. EMNOTARY STANEK RY PUBLIC F COLORADO NO Y PU LI STATE OF COLORADO #20024032730 Name:xpka October 7,2014 My commission expires: Pursuant to Aspen Municipal Code 26.480.090 and the above request to vacate,the plat map for Units 1 through 8, Red Onion Condominiums, recorded at plat book 15, pages 94-97, as reception number 258014 with the Pitkin County Recorder is hereby vacated by the City of Aspen. da—r —(�!y z'2• City of Aspen Date By'G�5 6*hpvl; r7 THE CITY OF ASPEN Land Use Application Determination of Completeness Date: October 24, 2013 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The planner assigned to this case is Sara Adams. Your Land Use Application is incomplete. We found that the application needs additional items to be submitted for it to be deemed complete. We need the following additional submission contents by November 7, 2013: • HPC required a structural assessment of the front facade of the poster shop, in order to determine if re-using that wall is truly going to be feasible. I see your comment re: the difficulty of getting a good look at that wall now. Please provide a comment from a structural engineer representing the condition of the wall as best can be determined at this time, along with an explanation of what circumstances might make re-using it impossible. Staff concern, as stated in the October 24, 2012 memo, was that if the existing front facade is ultimately demolished, a reconstructed front facade should not be designed to replicate it. Leaving the determination of what the front facade will look like to sometime after HPC Final review is problematic. The design for a new front wall is beyond the purview of the monitors and would require the full board. Again, please provide more explanation and a proposal for how this issue can be resolved. • HPC required a mechanical plan and elevation drawings. The floor plans show chases. There is no roof plan. There is a letter from a mechanical engineer describing options for locating the mechanical, but no real proposal. The location and size of all mechanical units that can be anticipated at this time must be provided in both plan and elevation. A roof plan is required. 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. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact Saraat 429-2778 if you have any questions. Thank You, Amy Guthrie, Historic Preservation Officer City of Aspen, Community Development Department r STAN CLAUSO-N ASSOCIATES INC 'N; landscape architecture. plan ning. resort design 412 North Mill Street Aspen, Colorado 81611 t.970/925 �3�3 f•970/9 0 1628 info @scaplanning.com www.scaptanning.com r i '= 300 ctober 2013 OCT 3 0 2013 Ms. Sara Adams, AICP GII-Y OF ASPEN Senior Planner, City of Aspen Community Development Department COMMUNFIN4 DEVEROPMENT 130 S. Galena Street, 3rd Floor Aspen, CO 81611 Re: Red Onion Supplemental Materials Dear Sara: In connection with the HPC Final Commercial Design Review and Major Development Review application for Unit 1 of the Red Onion Condominium and in response to the notice of incompleteness contained in the Land Use Application Determination of Completeness letter dated 24 October 2013, please find enclosed the following materials: Letter concerning the Structural assessment of existing brick facade wall, 422 E. Cooper Street (sic) Aspen, Colorado, prepared by Robert A. Oddo, P.E., dated 28 October 2013. This letter responds to your request for additional information relating to the condition of the brick fagade as well as providing a preliminary determination on the reuse of the existing facade. Based on site inspections performed by Mr. Oddo, the brick fagade appears to be in good condition and barring any future determinations that the fagade is unsound, the existing brick fagade will be braced during construction and re-used in the new development. Complete Revised Architectural Sets, Sheets A101-A206, dated 29 October 2013. This complete revised architectural drawing set is submitted in response to your request for additional information relating to the location and size of all mechanical units that can be anticipated at this time. In addition to a new roof plan which shows the location of a new make up air unit and a new scrubber, new elevations have been provided which shows the mechanical equipment from all views of the building. You will note that the mechanical its do the required amount back of the front ont fa ade and height llaredisc discretely located mo re located behind the elevator overrun. We trust that these materials sufficiently respond to your request for additional information and that our application can now be deemed complete. Please call me with any questions. Ve trul ours, A Patrick S. Rawley, AICP, ASLA Stan Clauson Associates, Inc. Enclosure i i • • • • HPC FINAL COMMERCIAL DESIGN REVIEW AND MAJOR DEVELOPMENT • REVIEW APPLICATION • "Red Onion Unit 1,t' a proposed mixed use commercial and residential development featuring • commercial and office space, and one (1)free-market residential unit. • Red Onion Investors, LLC 23 October 2013 • • Location: 422 E. Cooper Street(Unit 1 of the Red Onion Condominiums) • • ........... ... .... • • • • • • • • • An application for final commercial design and major development review • Represented By: STAN CLAUSON ASSOCIATES mc landscape architecture.planning-resort design • �. 412 North Mill Street Aspen,Colorado 816u t.970/925-2323 f.970/920-1628 info@scaplanning.com www.scaplanning.com • • • TABLE OF CONTENTS • Project Overview • Attachment 2 - Land Use Application Form • Attachment 3 - Dimensional Requirements Form • Attachment 4-Vicinity Map • Attachment 5 - Parcel Description • Attachment 6 - Letter of Authorization • Attachment 7- Design Guidelines and Code Response • Attachment 8- Existing Conditions Survey • Attachment 9 -Architectural Plans & Renderings • Attachment 10-Supplemental Contextual Visual Materials • Attachment 11 -Submitted Condominium Vacation Documents • Attachment 12 - Proof of Ownership • Attachment 13- Previous Approvals • Attachment 14- Historic Photos of the Red Onion • Attachment 15 -Adjacent Property Owners ■ Attachment 16 - Pre-Application Conference Summary Red Onion Unit 1 Application for Historic Preservation Final Commercial Design and Major Development Review 23 October 2013 PROJECT OVERVIEW This application is submitted for Historic Preservation Final Commercial Design and Major Development Review for a mixed use development proposed to replace Unit 1 of the Red Onion Condominiums. Unit 1, a one-story located to the east of the Red Onion restaurant, is currently occupied by a retail use. The proposed project is located in the Commercial Core (CC) zone district of the City of Aspen and is also located in the Commercial Core Historic District. While Unit 1 was specifically identified as being "not historic or of historic significance, either inside or outside," the entire parcel is subject to Historic Preservation Review and eligible for the benefits conferred to an historic resource. The Historic Preservation Commission granted Conceptual Commercial Design Standard Review and Major Development Review, Demolition, and Viewplane Review via Resolution #26, Series of 2012. Call-up proceedings occurred on 26 November 2012,where the HPC determination was affirmed. Documents vacating the condominium currently in place have been provided to the City. This project seeks to replace the poorly constructed cinder block structure that appears to have been constructed circa 1955 as an addition to the Red Onion restaurant. The building shows signs of serious settling and the structural integrity impairment. The substandard cinder block construction makes maintaining the existing structure difficult and would not support additional vertical development. While the building that houses Unit 1 was determined to not be historic, in an effort maintain continuity of the block, the applicant would essentially restore the front fagade in the new structure. By maintaining the front fagade in the replacement of the Unit 1 building and the generous upper floor stepbacks, the proposed project will not adversely affect the integrity of the historic Red Onion building or the Historic District's architectural and aesthetic relationship to designated properties. PROPOSED DEVELOPMENT The applicant proposes to redevelop Unit 1 into a mixed use, commercial and free-market residential development on its 2,000 SF footprint. The project is proposed to contain 957 SF of net leasable floor area on the first story with one (1) 2,276 SF net livable free-market residential unit occupying the second and third stories of the development. One (1) TDR, providing 500 SF of additional net livable area, will be purchased to attain the desired net livable. Due to the construction difficulties on this narrow parcel, no subgrade space is proposed to be provided. As the building that houses Unit 1 is part of the property identified as part of a historic landmark property, the property is eligible to create one (1) fee-market residential unit that is exempt from growth management and affordable housing mitigation requirements. Total gross floor area of the proposed project will be 4,252 SF. The proposed development has been thoughtfully designed to incorporate a varied, human scale fagade. The design will respect the historic resource with a generous stepping-back of the residential unit toward the rear of the property. The maximum height of the building is proposed to be 36 feet-4 inches and this three story element will be located at the rear of the property. No public amenity space is provided currently for the entire 9,000 SF parcel. Pursuant to conditions of the conceptual approval, the off-site provision of public amenity space is approved and will consist of mall amenity improvements as recommended by the Parks Department equivalent to $67,500.00. No parking is currently provided onsite and this deficit will be maintained as permitted by code. Residential parking is not required within the Commercial Core zone district. Red Onion Unit 1 Application for Historic Preservation Final Commercial Design and Major Development Review 23 October 2013 ATTACHMENT 2—LAND USE APPLICATION PROJECT: Name: HPC Final Commercial Design and Major Development Review Location: 420 E. Cooper Street, Unit 1 (Indicate street address,lot&block number,legal description where a ro nate Parcel ID#(REQUTRED) 273718216061 APPLICANT: Name: Red Onion Investors, LLC Address: c/o Andrew V. Hect, Esq., Garfield & Hecht, PC,601 East Hyman Avenue,Aspen, CO 81611 Phone#: 970-925-1936 REPRESENTATIVE: Name: Stan Clauson,AICP,ASLA, Stan Clauson Associates, Inc. Address: 412 N. Mill Street,Aspen, CO 81611 Phone#: 970-925-2323 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 Sluff, condominiumization) Amendment) Mountain View Plane Q Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment ❑X Other: HPC approval ❑ Conditional Use EXISTING CONDITIONS: (description of existin buildings,uses,previous approva ls,etc.) ni is paff of e Ked Union clevelopmenT and is located on the same 9,00U sq. Tt. lot as the historic resource. Unit 1 has been found to not be histroic either on the interior or on the exterior. Currently, Unit 1 is a one story building which was constructed in the 1950's as an addition to the Red Onion restaurant. Unit 1 is utilized for commercial space. HPC for Conceptual Commercial Design Review was recorded as Resolution#26 Series of 2012 on 26 November 2012. PROPOSAL: (description of proposed buildings,uses,modifications,etc.) The applicant seeks to redevelop Unit 1 with a new mixed use building. The applicant anticipates keeping the existing facade of the existing Unit 1. Commercial space will occupy the first story and one(1)free-market residential unit will occupy the second and third story. The residential.units will be substantially set back from the front facade. Have you attached the following? FEES DUE:$_325 0 Pre-Application Conference Summary nX Attachment#l,Signed Fee Agreement 0 Response to Attachment#3,Dimensional Requirements Form ❑X Response to Attachment#4,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 disk 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. ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Red Onion Unit 1 Applicant: Red Onion Investors, LLC Location: 420E Cooper Street Unit 1 Zone District: Commercial Core(CC) Lot Size: 9,000 sq. ft. Lot Area: 9,000 sq. ft. (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: 12,569 sq.ft. Proposed. 12,196 sq. ft. Number of residential units: Existing: 0 Proposed: 1 Number of bedrooms: Existing: 0 Proposed: 2 Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing.13,262 sq. ftAllowable: 24,750 sq. ft.Proposed 17,514 sq. ft. Principal bldg. height: Existing: 33' Allowable: 42' Proposed: 36'4" Access. bldg. height: Existing: Allowable: Proposed. On-Site parking: Existing: 0 Required: 0 Proposed: 0 % Site coverage: Existing: 100% .Required: n/a Proposed: 100% % Open Space: Existing: 0 sq. ft. Required: 900 sq. ft. Proposed: 0 sq. ft. Front Setback: Existing: Required: n/a Proposed: Rear Setback: Existing: Required.• n/a Proposed: Combined F/R: Existing: Required: n/a Proposed: Side Setback: Existing: Required: n/a Proposed Side Setback: Existing: Required.- n/a Proposed: Combined Sides: - Existing: Required: n/a Proposed: Distance Between Existing Required: n/a Proposed: Buildings Existing non-conformities or encroachments: None. Variations requested: None requested. Attachment 4 Legend _I Cities 8 Towns IJGB Addresses } 413, x¢18, Trails iii 419, 1 .. 1 PLS_TR r, - 306.x r PLS_TR_SEC Airport Major Roads Roads :YJ . / Eagle and Garfield CO , ,A 1 Roads 2,14, = 8W, Edge of Pavement Aspen R - 316, I Edge of Pavement Pitkin 3 Drives 00 - Rivers 8.Streams di 11 n 4 :M5 413418 . _I Subdivisions 31�, �n? Mines Structures 424, 464, condos v _ 318s Parcels tODft Topo _ 3e1, Lakes$Ponds 1 4G5, ?3?T I{5S R8dU4 Federal Lands s 41 9 8LM _ � STATE OF CO xF d' 4`ri!, co {d v _ r i E t r t 404 y r. 1 co F f y:- s. _ S16, - Ha�n3ldx Subject Parcel Red Onion Unit 1 Final Commercial Design and Major Development Review Vicinity Map 23 October 2013 Parcel Detail Attachment 5 Pitkin County Assessor Parcel Detail Information Assessor Property Search I Assessor Subset Query I Assessor Sales Search Clerk & Recorder Reception Search I Treasurer Tax Search Search GIS Map I GIS Help Basic Building Characteristics I Value Summary Parcel Detail Value Detail I Sales Detail I Residential/Commercial Improvement Detail Owner Detail I Land Detail I Photographs - - - - Tax Account Parcel Property Type 2012 Mill Area Number Number P yP Levy 001 R009678 6061 27371821 COMMERCIAL 32.325 Primary Owner Name and Address RED ONION INVESTORS LLC 65.784% 418 E COOPER ST#207 ASPEN, CO 81611 Additional Owner Detail Legal Description Subdivision: RED ONION Unit: 1 Location Physical 1420 E COOPER AVE ASPEN Subdivision: JW ONION �— Land Acres: Land Sq Ft: 0 2013 Property Value Summary Actual Value Assessed Value http://www.pitkinassessor.org/assessor/parcel.asp?AccountNumber=R009678 10/23/2013 Parcel Detail Page 2 of 2 Land: OIL 0� Improvements: 1,755,000 F 508,950 �— Total: l,75E,:0:0J0F 508,950 Sale Date: 12/17/2007 Sale Price: 300,000 Additional Sales Detail Basic Building Characteristics Number of Residential 0 Buildings: Number of Comm/Ind 1 Buildings: Commercial/Industrial Building Occurrence 0 Characteristics MERCH FIRST FLOOR: 1,480 Total Area: 1,480 Property Class: 2245 Actual Year Built: 11890 Effective Year Built: 1975 Quality of Construction: GOOD-BASE Exterior Wall: GOOD BASE Interior Wall: GOOD-BASE I� Neighborhood: jRED ONION COMM "A" �I Top of Page Assessor Database Search Options Pitkin County Home Pa ge The Pitkin County Assessor's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor's Offices are unable to warrant any of the information herein contained. Copyright© 2003 - 2012 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. http://www.pitkinassessor.org/assessor/parcel.asp?AccountNumber=R009678 10/23/2013 Attachment 6 Red Onion Investors, LLC 601 East Hyman Avenue Aspen, CO 81611 Tel: 970-925-1936 22 October 2013 Ms. Sara Adams Senior Planner City of Aspen Community Development Department 130 S. Galena St., 3rd Floor Aspen, CO 81611 Dear Ms. Adams: This letter is to certify that I, Andrew V. Hecht, President of Red Onion Management Company, its Manager of Red Onion Investors LLC, owner of the property located at 420 E. Cooper, Avenue, Aspen, Colorado, give Stan Clauson Associates, Inc. and its staff permission to represent us in discussions with the City of Aspen regarding applications for the this property. If you should have any questions regarding this matter, please contact me. Their contact information is as follows: Stan Clauson, AICP, ASLA Stan Clauson Associates, Inc 412 N. Mill Street Aspen, CO 81611 Tel (970)925-2323 Fax (970)920-1628 Very Truly Yours, Red Onion Investors, LLC, a Colorado limited liability company By: Red Onion Management Company, its Manager By: Andrew V. Hecht, President Attachment 7 COMMERCIAL, LODGING, AND HISTORIC DISTRICT DESIGN OBJECTIVES AND GUIDELINES for the COMMERCIAL CORE HISTORIC DISTRICT Design Objectives These are key design objectives for the Commercial Core. The City must find that any new work will help to meet them: 1.Maintain a retail orientation. Traditionally the hub of Aspen and the center of commercial and cultural activity,the Commercial Core should remain so. Designs for new construction should reinforce the retail-oriented function of the street and enhance its pedestrian character. The proposed project will retain the existing ground floor retail use and will incorporate pedestrian friendly features such as large display windows and strong pedestrian orientation. The replacement of a dilapidated structure with a modern and updated structure will support the goal of keeping viable structures within the Commercial Core of Aspen. 2.Promote creative,contemporary design that respects the historic context While new construction should be compatible with the historic character of the district, designs should not copy early styles but instead should seek creative new solutions that convey the community's continuing interest in exploring innovations. At the same time,the fundamental principles of traditional design must be respected. This means that each project should strike a balance in the design variables that are presented in the following pages. The design of the proposed project will be compatible with historic character of the district and will respect the historic Red Onion building. The design, however,will also be a building "of its time," and explores modern elements and materials. 3.Maintain the traditional scale of building. The Commercial core of the city is likely to experience continuing market pressure for hotel,commercial and residential development and the parallel needs of affordable commercial and residential accommodation. It is important that future growth acknowledges,complements and enhances the existing scale and character of this area. The scale of the proposed project will be very much in keeping with the existing scale of the neighboring structures. Due to site constraints, the proposed project will appear to be substantially similar to the existing structure,when viewed from the Cooper Mall. 4.Reflect the variety in building heights seen historically. New development should stay within the range of building heights,and be designed to reflect the variation in height across traditional lot widths. The scale and form of a new building should be designed to safeguard the setting of a historic building, whether single story or the large `iconic'three plus stories. To respect the historic Red Onion, the proposed project will consist of a one (1) story element at the front,with a two and three story elements stepped back and located to the rear of the property. S.Accommodate outdoor public spaces where they respect the historic context Red Onion Unit 1 Application for Historic Preservation Final Commercial Design and Major Development Review 23 October 2073 Page I 1 The street vitality associated with the center of the city should be retained and enhanced through a combination of the form and design of the walkable street network and the associated areas ofpublic gathering space at street level and above. The design of any public space within the core should be a central consideration in the design and configuration of the building,to ensure that it contributes to a positive experience in the streetscene, whether or not used for street dining. The proposed project is located on the Cooper Street Mall. The proposed project will incorporate pedestrian friendly features such as large display windows and strong pedestrian orientation. 6.Promote variety in the street level experience. Architectural form should recognize existing scale and diversity and build upon established design traditions, creativity and innovation in a manner which strengthens the architectural richness and identity of the city core. The contextual contribution of building and storefront design will depend on detailed consideration of the street fagade and associated landscaping and paving. The architectural form of the proposed project will maintain the existing scale of the neighboring buildings. The proposed project incorporates a facade treatment which builds upon established design traditions with a more contemporary and transparent treatment on the new addition. By replacing the relatively simple facade, the proposed project strengthens the architectural richness and identity of the city core and the buildings located along the Cooper Street Mall. 7.Preserve the integrity of historic resources within the district. The original form, character,materials and details of historic resources should be maintained. This applies to individual structures of landmark quality as well as more modest "contributing"structures. While this structure is not considered to be historic, it will continue to contribute to the historic resource on the property through significant setbacks and restoration of the existing fagade. Final Review Design Guidelines The following design guidelines shall apply at the final review stage: 6.35 A new building shall reflect the traditional lot width (30 ft.)as expressed by two or more of the following: • Variation in height at internal lot lines • Variation in the plane of the front faVade •Street fagade composition • Variation in architectural detailing and materials to emphasize the building Module The new building will maintain the existing lot width. The stepped nature of the second and third floors will provide an appropriate and interesting amount of variation in height as well as in variation of the facade plane. The new building will feature compatible but unique detailing and use materials which will differentiate it from the historic Red Onion and emphasize the building as a unique module. 6.36 The detailed design of the building faVade should reflect the traditional scale and rhythm of the block. This should be achieved using all of the following: •The fenestration grouping • The modeling of the fafade Red Onion Unit I Application for Historic Preservation Final Commercial Design and Major Development Review 23 October 2013 P a g e 12 • The design framework for the first floor storefront • Variation in architectural detail and/or the palette of faVade materials The new building will maintain the existing facade thus continuing the existing scale and rhythm of the block. The large commercial window will be maintained on the first floor and the door will also remain where the current door is located. Fenestration on the upper floor levels will be compatible to existing fenestration groupings found on the second floor of the Red Onion. While various details and materials found on the existing facade will be replicated, new architectural details and the palette of facade materials will be varied so that the rhythm of the street is enhanced. 6.37 Divide a larger building into "modules"that are similar in width to buildings seen historically. • Where a building is planned to exceed one lot width, use a change in design features to suggest the traditional building widths. Changes in faVade material,window design,facade height or decorative details are examples of techniques that should be used These variations should be expressed throughout the depth of the structure,including its roof,such that the composition appears to be a collection of smaller buildings. The material palette,window design, facade height, and decorative details of the new building will reinforce the existing module layout of the existing buildings so that traditional building widths are reinforced. 6.38 Buildings should be designed to reflect the architectural hierarchy and articulation inherent in the composition of the street facade. All of the following should be addressed. •The design and definition of the traditionally tall first floor • The proportions of the upper level fenestration pattern •The completion of the sheer street faVade(s)with capping cornice or other horizontal Modeling The first floor of the new building respects the traditionally tall first floor, with a 13'first floor height which is reinforced by a parapet wall fapade detail. The proportions of the upper level fenestration pattern, which feature of grouping of smaller windows, impart an architectural hierarchy to the building. Each level of the stepped facade has received some form of horizontal modeling, effectively delineating the various levels and adding an appropriate embellishment to the cornice. 6.39 A building should reflect the three dimensional characteristics of the street faVade in the strength and depth of modeling,fenestration and architectural detail. The new building strongly reflects the three dimensional characteristics of the street facade by providing strong and appropriate modeling, fenestration, and architectural details. 6.40 Maintain the repetition of similar shapes and details along the block. • Upper story windows should have a vertical emphasis. In general,they should be twice as tall as they are wide. •Headers and sills of windows on new buildings should maintain the traditional placement relative to cornices and belt courses. The new building continues the repetition of similar shapes and details currently found along the block, particularly the strong vertical emphasis of fenestration, continuity of cornice and belt height, and strong commercial emphasis of entrances. Red Onion Unit 1 Application for Historic Preservation Final Commercial Design and Major Development Review 23 October 2013 P a g e 1 3 6.41 Maintain the pattern created by recessed entry ways that are repeated along a block. •Set the door back from the front favade approximately 4 feet This is an adequate amount to establish a distinct threshold for pedestrians. • Where entries are recessed, the building line at the sidewalk edge should be maintained by the upper floor(s). • Use transoms over doorways to maintain the full vertical height of the storefront The entrance is not anticipated to be recessed, in accordance with existing conditions and to maintain a strong retail orientation. The entrance will feature a vestibule that will allow separate access to the commercial use on the ground floor and the residential to be located on the upper floors. 6.42 The general alignment of horizontal features on building fronts should be maintained. • Typical elements that align include window moldings,tops of display windows,cornices,copings and parapets at the tops of buildings. • When large buildings are designed to appear as several buildings, there should be some slight variation in alignments between the faVade elements. The horizontal features on the building, like the top of windows, doors, railings, belt courses, and parapets,will be maintained and enhanced through the provision of modern accents. 6.43 Any new building shall be designed to maintain a minimum of 9 feet from floor to ceiling on all floors. All floors on the new building have a floor to ceiling height in excess of 9'. Floor to ceiling heights, from first to third floor, are 13', 11', and 12'4". 6.44 Maintain the distinction between the street level and upper floors. •No upper floor shall be taller than the first floor. •Floor-to-floor heights should appear to be similar to those seen historically. In particular,the windows in new construction should appear similar in height to those seen traditionally. • The first floor of the primary faVade should be predominantly transparent glass. • Upper floors should be perceived as being more opaque than the street level. Upper story windows should have a vertical emphasis. •Highly reflective or darkly tinted glass is inappropriate. •Express the traditional distinction in floor heights between street levels and upper levels through detailing, materials and fenestration. The presence of a belt course is an important feature in this relationship. The new building keeps a strong focus on the first floor by maximizing the height on the first floor and maintaining traditional floor to ceiling heights which are commonly found in the Core area. A large window,which provides exceptional visibility into the commercial space, is the main feature of the first floor. The size and numbers of the windows on the upper levels become less numerous and overall glazing reduced, accentuating the large window on the ground floor. As a result the upper floors to appear more solid. Similarly, detailing, materials, and other facade features become less detailed on the upper floors, again, privileging the first floor. 6.45 A new building should be designed to maintain the stature of traditional street level retail frontage. • This should be 13-15 ft in floor to floor height on the first floor. Red Onion Unit 1 Application for Historic Preservation Final Commercial Design and Major Development Review 23 October 2013 P a g e 14 •The minimum required first floor height must be maintained for at least the first 50 foot depth of the lot, and may only be dropped to a lower height beyond that point for areas that are devoted to storage, circulation,offices,restaurant kitchens,alley commercial spaces, or similar secondary uses. The new building will maintain the stature of the existing retail frontage. The first floor, which will be 13' tall, will be a uniform height the entire depth of the lot. 6.46 Minimize the appearance of a tall third floor. • Where a third floor height is in excess of 12 ft, it should be set back a minimum of 15 ft from the street fapade to reduce the apparent height •Increase the parapet height to screen the visual impact of a tall top floor. • The design of a set back third floor shall be simpler inform,more subdued in modeling,detail and color than the primary fapade. The third floor, which is 12 feet-4 inches, is set back from the front facade approximately 45 feet. A painted metal guardrail, located at the third floor fapade, creates interest. The third floor features a simpler design than both the second and first floor fapade. 6.47 The first floor facade and retail frontage should be designed to concentrate interest at the street level, using the highest quality of design,detailing and materials. •The framework for the first floor of the fapade,as identified in architectural tradition as characteristic first floor design. •An entryway,door and transom light designed to use the full storefront height •A distinct change in the palette of materials used for the first floor design framework. • The depth and strength of the modeling of elements and details. The first floor fapade,with the large window and duplication of existing decorative elements,will command the most attention and standout against the more modern facades of the upper floors. 6.48 The retail entrance should be at the sidewalk level. •All entrances shall be ADA compliant •On sloping sites the retail frontage should be designed to maintain as close to a level entrance as possible. The retail entrance on this level site is located directly at sidewalk level and will be ADA compliant. 6.49 Incorporate an airlock entry into the plan for all new structures. •An airlock entry that projects forward of the primary fapade at the sidewalk edge is inappropriate. •Adding temporary entries during the winter season detracts from the character of the historic district • Using a temporary vinyl or fabric "airlock"to provide protection from winter weather is not permitted. A permanent airlock has been incorporated in the entry which is located entirely within the footprint of the building. 6.50 Window area along the first floor shall be a minimum of 60%of exterior street fapade area when facing principal street(s). Red Onion Unit I Application for Historic Preservation Final Commercial Design and Major Development Review 23 October 2013 P a g e 15 The existing window along the first floor will be replaced in the new building in the same location and in the same size. The retail window occupies a significant portion of the front facade. 6.51 A building shall be designed to maintain or create the character and transparency of the traditional street level retail frontage. This shall be achieved using more than one of the following: •A traditional recessed retail entrance •Retail display cases •Appropriately designed signage and lighting The replacement of the retail window maintains the character of transparency at the street level. In addition to the large retail window, appropriate signage and lighting will be employed to create interest and compliment the first floor fapade. 6.52 Design of the first floor storefront should include particular attention to the following: • The basic elements and proportions of storefront design •Depth and strength of modeling • The palette of materials and finishes used in both the structural framework and the storefront window • The concentration of architectural detail to ensure a rich visual experience • The careful and complementary use of signage and lettering to enhance the retail and downtown character • The careful use of lighting to accentuate visual presence. The existing first floor storefront will utilize the basic elements and proportions of the existing facade. The existing decorative elements currently found on the building will be replaced. The facade will utilize appropriate materials the same or similar as existing materials used. Signage and lettering will enhance the retail character,with careful implementation of lighting to create interest in the retail space. 6.53 Side and rear building fafades should be designed and articulated to reduce the apparent scale of the building and create visual interest The side facades of the new building will generally not be visible. When the side facades are visible, due to the generous setbacks employed in the building which reduce the scale of the building, the facades are located so that the Red Onion sign is still visible and the view of the Red Onion building is privileged. 6.54 Side and rear fagades providing retail frontage shall include a distinct definition of the first floor, fenestration,design articulation,and/or display cases. No side and rear facades will provide retail frontage. 6.55 Retail frontage facing onto side courts or rear alleys should follow similar design principles to street frontage, adjusted for the scale of the space. The site does not contain side courts. No retail will face the alley. 6.56 Special features that highlight buildings on corner lots may be considered. •Develop both street elevations to provide visual interest to pedestrians. Red Onion Unit I Application for Historic Preservation Final Commercial Design and Major Development Review 23 October 2013 P a g e 16 •Corner entrances,bay windows and towers are examples of elements that may be considered to emphasize corner locations. •Storefront windows,display cases and other elements that provide visual interest to faVades along side streets are also appropriate. The building is located mid-block. 6.57A larger building should reflect the traditional lot width in the form and variation of its roof in order to maintain the scale of the area. This should be achieved through the following: •A setback of the top floor from the front faVade •Reflect the traditional lot width in the roof plane The new building will maintain the existing width of the building. The width reflects the traditional lot width in the form and variation of facade elements. The upper floors are generously setback from the front facade. 6.58 The roofscape should be designed with the same design attention as the secondary elevations of the building. •Group and screen mechanical units from view. •Locate mechanical equipment to the rear of the roof area. •Position,articulate and design rooftop enclosures or structures to reflect the modulation and character of the building. • Use materials which complement the design of the building favades •Design roof garden areas to be unobtrusive from the street. • Use 'green roof design best practice,where feasible. Careful consideration has been taken in the design of the roofscape. Deck space is provided for the residential unit on the roof of the first floor. The third floor roof will contain the mechanical equipment which will not extend above the height of the building more than 5 feet. Mechanical equipment will be co-located and combined to the greatest extent possible. 6.59 High quality,durable materials should be employed. •The palette of materials proposed for all development should be specified and approved as part of the general and detailed development approvals process,including samples of materials as required. The material palette will be of the highest quality to ensure durability and visual attractiveness. A materials sheet has been included in the application. 6.60 Building materials should have these features: •Convey the quality and range of materials seen historically •Reduce the scale and enhance visual interest •Convey human scale •Have proven durability and weathering characteristics within this climate The proposed materials will convey the quality and range of materials seen historically. Materiality will be employed to reduce the scale and enhance the visual interest, to the greatest extent possible. The building has been designed to maintain a human scale and the highest quality materials and construction techniques will ensure durability. Red Onion Unit 1 Application for Historic Preservation Final Commercial Design and Major Development Review 23 October 2013 Page 17 6.61 The palette of materials used for new buildings within the core should reflect the predominantly masonry (brickwork and natural stonework)palette of this area. The building will be constructed primarily with brick to match existing materials used in the immediate vicinity. 6.62 A building or additions to a building should reflect the quality and the variation traditionally found in these materials within the central commercial core. The building will reflect the quality and the variation traditionally found in the immediate vicinity and will enhance the retail and pedestrian environment of the Cooper Avenue mall. 6.63 Where contemporary materials are used they shall be: •High quality in durability and finish •Detailed to convey a human scale • Compatible with a traditional masonry palette Contemporary materials will be used primarily as decorative elements. These materials will be of a high quality with a durable finish. The contemporary elements will reinforce the human scale of the building and be compatible with the proposed masonry facade. 6.64 iaterials used for third floor accommodation set back from the street faCade(s)should be more subdued than the primary fagades. The upper floors, particularly the third floor,will feature materials that are subdued and will ensure that the first floor fagade is privileged. 6.65 Paving and landscaping should be designed to complement and enhance the immediate setting of the building and area. As this building fills the entire lot and mall paving is provided to the front fagade, no additional paving or landscaping is proposed. As part of the public amenity requirement, improvements to the Cooper Street Mall will be provided as directed by the City Parks Department. Red Onion Unit 1 Application for Historic Preservation Final Commercial Design and Major Development Review 23 October 2013 P a g e 1 8 LAND USE CODE SECTION RESPONSES CHAPTER 26.412 COMMERCIAL DESIGN REVIEW Thepurpose of commercial design review is to preserve and fosterproper commercial district scale and character and to ensure that the City's commercial areas and streetscapes.are public places conducive to walking. The proposed project respects the scale and character of the commercial core. The historically designated Red Onion will remain the primary element of the development as the proposed second and third floors are set a substantial distance to the rear of the property. To maintain continuity with neighboring buildings the applicant will replicate the existing front facade of the building in the proposed project. First floor commercial space will be maintained. 26.412.050 Review Criteria An application for commercial design review may be approved,approved with conditions,or denied based on conformance with the following criteria: A. The proposed development meets the requirements of Section 26.412.060, Commercial design standards,or any deviation from the standards provides a more appealing pattern of development considering the context in which the development is proposed and the purpose of the particular standard. Unique site constraints can justify deviation from the standards. Compliance with Sec. 26.412.070,suggested design elements,is not required but may be used to justify a deviation from the standards. The proposed development meets the requirements for Sec. 26.412.060, Commercial Design Standards. No deviations from the standards are proposed with this application. The application was previous approved for a height of 36 feet-4 inches, which will be found only at the rear of the property. The restoration of the front facade will ensure continuity with existing conditions and compliment the adjacent Red Onion building. Utility, delivery, and trash service are currently provided, all accessed from the alley. B. For proposed development converting an existing structure to commercial use,the proposed development meets the requirements of Section 26.412.060, Commercial design standards,to the greatest extent practical. Changes to the fafade of the building maybe required to comply with this Section. The existing structure is currently in commercial use. Commercial use will be continued on the first floor and will comply with the Commercial Design Standards. The applicant will restore the front facade of the existing building. C. The application shall comply with the guidelines within the Commercial,Lodging and Historic District Design Objectives and Guidelines as determined by the appropriate Commission. The guidelines set forth design review criteria,standards and guidelines that are to be used in making determinations of appropriateness. The City shall determine when a proposal is in compliance with the criteria,standards and guidelines. Although these criteria,standards and guidelines are relatively comprehensive,there may be circumstances where alternative ways of meeting the intent Red Onion Unit I Application for Historic Preservation Final Commercial Design and Major Development Review 23 October 2013 P a g e J 9 of the policy objectives might be identified. In such a case,the City must determine that the intent of the guideline is still met,albeit through alternative means. (Ord.No. 13,2007,§1) The project has received HPC approval for conceptual commercial design and major development review. The project has been determined to be in compliance with the Design Objectives and Guidelines of the Commercial Core Historic District, as well as the Commercial Design Standards to be discussed below. Commercial Core Historic District Design Objectives and Guidelines: • Existing Character Through the restoration of the existing facade, the character of the Red Onion building and the district will be respected. The second and third stories will be generously setback from the front facade to maintain the existing pedestrian experience and to allow views of the side of the Red Onion restaurant and signage. • Street Pattern The proposed development respects the grid pattern of the Commercial Core streets by strongly orienting entrances to the hard edge of the pedestrian mall. The building, in keeping with the tradition of buildings occupying the full lot width and spanning the full depth of the core lots, will cover the lots from sidewalk to alley, and neighboring structure to neighboring structure. Architectural composition, articulation, and fenestration pattern will respect human scale and respect the existing visual and cultural experience of the Cooper Street Mall. • Building Character The proposed building will generally maintain a rectangular form. Flat roofs are the dominant roof form. Floor to ceiling heights on all floors are proposed to be nine feet or greater in keeping with historic form. • Storefront Context In keeping with the historic district pattern, the ground floor of the proposed structure will be strongly oriented to pedestrian views, utilizing a large display window to highlight the goods and services offered for sale inside. The restoration of the front facade will provide continuity with existing conditions. • Outdoor Spaces In keeping with the dominant alignment of building fronts in the Commercial Core Historic District which do not set the building facade back off of the pedestrian area, the proposed project maintains the existing condition of abutting the pedestrian area. AS such, there is not space available for an open space associated with the proposed project. CHAPTER 26.415.070.CERTIFICATE OF APPROPRIATENESS FOR MAJOR DEVELOPMENT D. Certificate of appropriateness for major development. The proposed development constitutes a major development as the structure will be a new structure located in a historic district. This application contains all the materials required to complete a Final Development plan review. Red Onion Unit 1 Application for Historic Preservation Final Commercial Design and Major Development Review 23 October 2013 Page 110 CHAPTER 26.415.080.DEMOLITION OF DESIGNATED HISTORIC PROPERTIES Demolition of the building located at 422 W. Cooper with the retention of the front facade was approved via Resolution #26, Series of 2012. The approval conditioned that a structural assessment of the front facade be submitted at Final Review. While every attempt will be made to retain the front facade, it is not possible, without significantly disturbing the existing facade, to prepare a structural assessment of the front facade at this time. Prior to demolition of the building, a structural assessment can be made and submitted to the City for its review and the retention of the existing facade determined at that time. CHAPTER 26.470. GROWTH MANAGEMENT QUOTA SYSTEM Sec. 26.470.050. General requirements. A.Purpose: The intent of growth management is to provide for orderly development and redevelopment of the City while providing mitigation from the impacts said development and redevelopment creates. Different types of development are categorized below, as well as the necessary review process and review standards for the proposed development. A proposal may fall into multiple categories and therefore have multiple processes and standards to adhere to and meet. B. General requirements:All development applications for growth management review shall comply with the following standards. The reviewing body shall approve,approve with conditions or deny an application for growth management review based on the following generally applicable criteria and the review criteria applicable to the specific type of development: 1.Sufficient growth management allotments are available to accommodate the proposed development,pursuant to Subsection 26.470.030.D.Applications for multi year development allotment,pursuant to Paragraph 26.470.090.1 shall not be required to meet this standard. The proposed project will not expand commercial net leasable. Under Section 26.470.060(4)(c), the development of one additional free-market residential unit shall be deducted from the development ceiling levels but shall not be deducted from the respective annual development allotments. Therefore, the availability of sufficient growth management allotments is not an issue for the proposed development. 2. The proposed development is consistent with the Aspen Area Community Plan. The proposed project is consistent with the Aspen Area Community Plan. It will preserve commercial space for a commercial mix that is balanced, diverse, and vital. It meets the needs of the year-round residents and visitors. The proposed project's mass, scale, density, and diversity of heights reflect the City's architectural heritage. The proposed project is located in the Commercial Core of the City, thereby helping to contain development and minimize sprawl. It will contribute to the vitality of the Commercial Core. 3. The development conforms to the requirements and limitations of the zone district. The proposed project conforms to all the requirements and limitations of the zone district. No variations are requested as a part of this application. Red Onion Unit 1 Application for Historic Preservation Final Commercial Design and Major Development Review 23 October 2013 Page 111 4. The proposed development is consistent with the Conceptual Historic Preservation Commission approval,the Conceptual Commercial Design Review approval and the Conceptual Planned Unit Development approval,as applicable. The application is consistent with the Conceptual HPC approval. This application constitutes an Administrative Application for Growth Management. 5. Unless otherwise specified in this Chapter,sixty percent(6001o)of the employees generated by the additional commercial or lodge development,according to Subsection 26.470.100.A,Employee generation rates,are mitigated through the provision of affordable housing. The employee generation mitigation plan shall be approved pursuant to Paragraph 26.470.070.4,Affordable housing,at a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines,as amended. An applicant may choose to provide mitigation units at a lower category designation. If an applicant chooses to use a Certificate of Affordable Housing Credit as mitigation,pursuant to Chapter 26.540,such Certificate shall be extinguished pursuant to Chapter 26.540.90 Criteria for Administrative Extinguishment of the Certificate. The proposed project does not contemplate an expansion of commercial net leasable or any additional lodging development. 6.Affordable housing net livable area,for which the finished floor level is at or above natural or finished grade, whichever is higher,shall be provided in an amount equal to at least thirty percent(30%)of the additional free- market residential net livable area,for which the finished floor level is at or above natural or finished grade, whichever is higher. Affordable housing shall be approved pursuant to Paragraph 26.470.070.4,Affordable housing,and be restricted to a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. Affordable housing units that are being provided absent a requirement("voluntary units'9 may be deed- restricted at any level of affordability,including residential occupied. If an applicant chooses to use a Certificate of Affordable Housing Credit as mitigation,pursuant to Chapter 26.540,such Certificate shall be extinguished pursuant to Chapter 26.540.90 Criteria for Administrative Extinguishment of the Certificate, utilizing the calculations in Section 26.470.100 Employee/Square Footage Conversion. (Ord.No. 6—2010,§2) As the building that houses Unit 1 is part of the property identified as a historic landmark property, the property is eligible to create one (1) fee-market residential unit that is exempt from affordable housing mitigation requirements. 7. The project represents minimal additional demand on public infrastructure,or such additional demand is mitigated through improvement proposed as part of the project Public infrastructure includes,but is not limited to,water supply,sewage treatment,energy and communication utilities,drainage control,fire and police protection,solid waste disposal,parking and road and transit services. The proposed project represents minimal additional demand on public infrastructure as it is located in the commercial core of the City on a previously developed parcel. SEC.26.470.060. ADMINISTRATIVE APPLICATIONS. 4.Minor enlargement of an historic landmark for commercial,lodge,or mixed-use development The enlargement of a property,structure or portion of a structure designated as an historic landmark for commercial, lodge or mixed-use development shall be approved,approved with conditions or denied by the Community Development Director based on the following criteria. The additional development of uses identified in Section 26.470.020 shall be deduced from the development ceiling levels established pursuant to Section 26.470.030 but shall not be deducted from the respective annual development allotments. Red Onion Unit 1 Application for Historic Preservation Final Commercial Design and Major Development Review 23 October 2013 Page 112 a. If the development increases either floor area or net leasable space/lodge units,but not both,then no employee mitigation shall be required b. If the development increases both floor area and net leasable space/lodge units, up to four(4)employees generated by the additional commercial4odge shall not require the provision of affordable housing. c. No more than one(])free-market residence is created. This shall be cumulative and shall include administrative GMQS approvals granted prior to the adoption of Ordinance 14,Series of 2007. The proposed project will increase overall floor area, but will not increase net leasable space or lodging units. No more than one free-market residence will be created. No administrative approvals have been previously granted for a free-market unit on this property. Sec.26.515.030 Required number of off-street parking spaces. No parking is currently provided for onsite and this deficit will be maintained as permitted by code. Residential parking is not required within the Commercial Core zone district. 26.575.020 Calculations and Measurements A.Purpose. 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 proposed project meets all dimensional requirements in connection with floor area, height, setbacks, and other dimensional aspects. No variations are requested as a part of this application. 26.610.090.Impact fees. Parks Development Fee- Parks Development Fees are estimated to be: Residential Expansion: 3,001 SF x$5.45=$16,355.45 • No nonresidential expansion is proposed Estimated total Parks Development Fee-$16,355.45 TDM/Air Quality Fee- TDM/Air Quality Fees are estimated to be: • Residential Expansion: 3,001 SF x$0.61 =$1,830.61 • No nonresidential expansion is proposed Estimated total parks development fee-$1,830.61 26 620.050.Imposition,calculation and collection of dedications. Red Onion Unit 1 Application for Historic Preservation Final Commercial Design and Major Development Review 23 October 2013 Page 113 School Land Dedication Fee- The School Land Dedication fee is estimated to be: Residential Floor Area Students Generated 3,001 SF (first 1,200 SF x .000064) .077 (next 900 SF x .000404) .364 (remaining 901 SF x .000031) .028 Total Student Generation .469 Land Dedication Calculation 896 SF x .469 = 420 SF Cash-In-Lieu payment is calculated by taking the market value of the land per square foot multiplied by the total square feet of land to be dedicated multiplied by 33%. Therefore: $1,755,000/2,000 SF x 420 SF x .33 =$121,621 This calculation utilizes the Assessor's data for improvements rather than land, owing to the condominiumized nature of the property. This results in an estimated price per square foot of land at$877.50. This may be in excess of actual land valuation and would require verification at the time of Building Permit application. SEC.26.710.140 COMMERCIAL CORE(CC) A.Purpose. The purpose of the Commercial Core(CC)Zone District is to allow the use of land for retail,service commercial,recreation and institutional purposes within mixed-use buildings to support and enhance the business and service character in the historic central business core of the City. The districtpermits a mix of retail,office,lodging,affordable housing and free-market housing uses oriented to both local and tourist populations to encourage a high level of vitality. Retail and restaurant uses are appropriate for ground floors of buildings while residential and office uses are not permitted on ground floors. B.Permitted uses. The following uses are permitted as of right in the Commercial Core(CC)Zone District. 1. Uses allowed on basement floors:Retail and restaurant uses,office uses, uses and building elements necessary and incidental to uses on other floors. A basement is not proposed to be provided. Z Uses allowed on the ground floor:Retail and restaurant uses and uses and building elements necessary and incidental to uses on other floors. Office uses are prohibited on the ground floor except within spaces set back a minimum of forty(40)feet from a street and recessed behind the front-most street facing fagade. This prohibition shall not apply to split-level buildings(see definition). Parking shall not be allowed as the sole use of the ground floor. Retail uses are proposed for the ground floor. No office use is contemplated in the proposed project. Red Onion Unit 1 Application for Historic Preservation Final Commercial Design and Major Development Review 23 October 2013 Page 114 3. Uses allowed on upper floors:Retail and restaurant uses,office uses,lodging,timeshare lodge, affordable multi family housing,free-market multi family housing and home occupations. Free-market residential is proposed to be provided on the second and third floors. 4. Uses allowed on all building levels:Retail and restaurant uses,neighborhood commercial uses, service uses, arts, cultural and civic uses,public uses,recreational uses,academic uses,child care center,accessory uses and structures,storage accessory to a permitted use,uses and building elements necessary and incidental to uses on other floors,including parking accessory to a permitted use,and farmers'market,provided that a vending agreement is obtained pursuant to Section 15.04.350(B). C. Conditional uses. The following uses are permitted as conditional uses in the Commercial Core(CC)Zone District,subject to the standards and procedures established in Chapter 26.425. 1. Gasoline service station. 2. Commercial parking facility,pursuant to Chapter 26.515. No conditional uses are contemplated in the proposed project. D.Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Commercial Core(CC)Zone District: L Minimum Gross Lot Area (square feet):No requirement 2. Minimum Net Lot Area per dwelling unit(square feet):No requirement 3. Minimum lot width (feet):No requirement 4. Minimum front yard setback(feet):No requirement 5. Minimum side yard setback(feet):No requirement. 6. Minimum rear yard setback(feet):No requirement 7. Minimum utility/trashlrecycle area:Pursuant to Section 26.575.060. A minimum of 200 sq. ft. of utility/trash/recycle area is provided to the rear of the property located off of the alley as part of another building element. 8. Maximum height(feet):28 feet for two-story elements of a building. 38 feet for three-story elements of a building, which may be increased to 42 feet through commercial design review? See Chapter 26.412. The proposed project will be 24 feet high at its two- story element and 36 feet-4 inches high at its three-story element,which will be located towards the rear of the property. Measurements shall be consistent with the City of Aspen Land Use Code in effect at the time of the application. 9. Minimum distance between buildings on the lot(feet):No requirement Red Onion Unit I Application for Historic Preservation Final Commercial Design and Major Development Review 23 October 2013 Page 115 10. Public amenity space:Pursuant to Section 26.575.030. No public amenity space is currently provided on the site. In accordance with design guidelines, no amenity space will be provided onsite for the proposed project. In accordance with conditions of the conceptual approval, the applicant will provide public amenities in accordance with Parks Department recommendations. 11. Floor area ratio(FAR): The following FAR schedule applies to uses cumulatively up to a total maximum FAR of 2.75:1. Achieving the maximum floor area ratio is subject to compliance with applicable design standards,view plane requirements,public amenity requirements,and other dimensional standards. Accordingly,the maximum FAR is not an entitlement and is not achievable in all situations. Cumulative allowable floor area for the entire condominiumized property is 24,750 sq. ft., based on a maximum floor area ration of 2.75:1. Existing floor area is 13,262 sq. ft. The proposed floor area will be 17,514 sq. ft., for a floor area ratio of 1.9:1. a. Commercial uses:2:1. Maximum commercial floor area for the property is 16,191 sq. ft. Existing commercial floor area is 13,262 sq. ft. The proposed commercial floor area for the subject site will actually be reduced slightly to provide for circulation elements. a. Arts, cultural and civic uses,public uses,recreational uses, academic uses,child care center and similar uses:2.75:1. No art, cultural, or civic uses, public uses, recreational uses, academic uses, child care center, or similar uses are contemplated for the proposed project. b. Affordable multifamily housing.No limitation. No affordable multi-family housing is contemplated or required for the proposed project. c. Lodging.0.5:1, which may be increased to 1.5:1 if the individual lodge units on the parcel average five hundred(500)net livable square feet or less, which may be comprised of lock- off units. No lodging is contemplated for the proposed project. d. Free-market multi family housing: 0.5:1,which may be increased to 0.75:1 if affordable housing equal to one hundred percent(100%) of the free-market residential floor area is developed on the same parcel. Maximum free-market multi-family housing floor area is 4,500 sq. ft. No free- market, multi-family currently exists on the project. The proposed one 1) free- market multi-family net livable area is contemplated to be 2,276 sq. ft. Floor area for the proposed residential unit is 2,963 sq. ft. for a floor area ratio .3:1. Red Onion Unit 1 Application for Historic Preservation Final Commercial Design and Major Development Review 23 October 2013 Page 116 12.Maximum multi family residential dwelling unit size(square feet):two thousand(2,000)square feet of net livable area. m The property owner may increase individual multi family unit size by extinguishing historic transferable development right certificates("certificate"or "certificates'g,subject to the following. 1. The transfer ratio is 500 square feet of net livable area for each certificate that is extinguished. 2. The additional square footage accrued may be applied to multiple units. However, the maximum individual unit size attainable by transferring development rights is 2,500 square feet of net livable area(Le.,no more than five hundred[5001 additional square feet may be applied per unit). 3. This incentive applies only to individual unit size. Transferring development rights does not allow an increase in the FAR of the lot. Commentary:Refer to Chapter 26.535 for the procedures for extinguishing certificates. The applicant proposes to develop a residential unit of 2,276 sq. ft. of net livable area. One TDR will be provided to allow for a maximum unit size of 2,500 sq. ft. 13.Maximum lodge unit size(square feet):1,500. When units are comprised of lock-off units,this maximum shall apply to the largest possible combination of units. No lodge units are contemplated to be provided in the proposed project. 14. CommerciaVresidential ratio: The total lodging and free-market residential net livable area shall be no greater than the total above grade floor area associated with the uses described in Subparagraphs 26.710.140.D.11.a. and b. combined on the same parcel. The total free-market residential net livable areas will not be greater than the total above-grade floor area associated with the commercial uses contemplated to be provided in the proposed project. Total free-market residential net livable is proposed to be 2,276 sq. ft. Total commercial floor area net leasable will be 13,262 sq. ft. This is a ratio of 5.8:1 commercial to residential floor area. Red Onion Unit I Application for Historic Preservation Final Commercial Design and Major Development Review 23 October 2013 P a g e 1 1 7 Attachment 8 LEGEND AND NOTES 0 FOUND SURVEY MONUMENT AS DESCRIBED OR SET PK NAIL WITH ALUM. TAG 2S 9g7 ALL FLUSH WITH GROUND TITLE INFORMATION FURNISHED BY: PITKIN COUNTY TITLE, INC. CASE NO. PCT23441W ASPEN GPs MONUMENT DATED: MARCH 21, 2012 D-159, EL.7906.67 L SURVEY CONTROL MISC. ENCROACHMENTS ON ALL SIDES BEARINGS BASED ON THE NORTHWEST CORNER OF BLOCK 89(NAIL IN CONC.I AND THE NORTHWEST CORNER OF BLOCK 95 ISRASS TAG 286431 IN 75.09'1 1 W LOTS PRORATED TO FIELD BLOCK LENGTH 270.65', RECORD BLOCK 270.80' RECORD GALENA STREET R.O.W. OF 7..00" HELD FOR BLOCK LENGTH. 0' ELEVATIONS BASED ON CITY GPS MONUMENT N0. 5: ELEVATION]910.)48 0 10 20 J0, 1, BLOC MANHOLE ® p d..®� 0 UTILITY BOX 00" o YI L� 89 PROPERTY IS AFFECTED BY THE THE WHEELER OPERA HOUSE J' VIEW PLANE AND A PORTION BT TXE MAIN STREET SET VIEW PLANE. BOTH VIEW PLANES ARE OBSTRUCTED BY / 5947/19359}1-xrEELER SURROUNDING BUILDINGS WATER LINE 15 IN COOPER AVE ALL OTHER UTILITIES ARE IN THE ALLEY THIS PROPERTY IS SITUATED IN ZONE "X- (AREAS DETERMINED TO BE OUTSIDE S00-YEAR VICINITY MA P / •AU 1ws• /y ';xA lx Si. >ol b.l FLOOD PLAINT AS SHOWN ON FLOOD INSURANCE RATE MAP PREPARED BY F.E.M,A., FOR PITKIN COUNTY COLORADO, COMMUNITY-PANEL NUMBER OB097CO204 C, EFFECTIVE / OyE DATE: JUNE 4, 19R) L01g01 THIS PROPERTY LIES ENTIRELY INSIDE OF THE CITY OF ASPEN MUDFLOW HAZARD OUT U E AN AREA AS DEFINED BY THE CITY OF ASPEN MASTER DRAINAGE PLAN, PROJECT NUMBER 1963, / °jyp of FIGURE ES-15. ZONED: CC (COMMERCIAL COREI WITH HISTORIC OVERLAY NO SETBACK REQUIREMENTS FRONT, SIDE. REAR 52 0 ADF 2594Jb aru In s. tG / "M „ / �FVc PARTY WALL • 'I ,^�A - WY / MAZE aly • BOOK IJq PAGE 445 / Af ® CERTIFICATION / V1LO1r 't& 3 THE UNDERSIGNED STATES THAT THE PROPERTY DESCRIBED HEREON WAS FIELD SURVEYED DURING 2012 AND IS ACCURATE F BASED ON THE FIELD EVIDENCE AS SHOWN, AND THAT THERE ARE NO ,EQ e,T -, ASPEN GPS MONUMENT DISCREPANCIES OF RECORD, BOUNDARY LINE CONFLICTS, ENCR OACWENTS, N0. 2, EL•)927.]2 / EASEMENTS OR RIGHTS OF WAY IN FIELD EVIDENCE OR KNOWN i0 ME, ONO1 A°�1 EXCEPT AS HEREON SHOWN. UNOERGROVND UTILITIES WITH NO ABOVEGROUND PO12.ibnxn lxENELO APPURTENANCES ANO DOCUMENTS OF RECORD NOT SUPPLIED TO THE X SURVEYOR ARE�XCEP TED. THIS SURVEY IS VOID UNLESS WET STAMPED / WITH THE SEAL OF THE SURVEYOR BELOW. SURVEY PRECISION 15 LESS THAN 1:15,000. / DATED:_S / 1w1 o e1`�L Ry p / ASEI JOB / JOHN M. HOWORTH P.L.S. 25947 °1E NO 15213A 19.A �57p / 9b 910Y / 1919 A Lc1xc"r 7952.59 WHEELER \ / 7919.0 \ COVERED ENTRY vlv.E v / SIGNS 19» NG\ IMPROVEMENT SURVEY loo' \ / OF 1952.2 \ 2 RED ONION CONDOMINIUMS, ACCORDING 10 THE CONDOMINIUM MAP RECORDED IN PLAT / BOOK IS AT PAGES 94-97 AND AS DEFINED AN O DESCRIBED IN THE CONDOMINIUM 19 TER Olsa DECLARATION RECORDED MARCH Iq, 1989 IN BOOK 462 AT PAGE 980. I-D ® lvsss TOGETHER WITH ANY APPLICABLE LIMITED COMMON ELEMENTS AND AND UNDIVIDED ®�R,i� \19551x nE / 33.51%INTEREST IN THE COMMON ELEMENTS AND AS DEFINED IN THE AFORESAID JC "EL SITUATED DECLARATION. R>� 1vio.0 SITUATED ON LOTS N. 0, AND P, BLOCK 89. CITY AND i0WN51TE OF ASPEN .1 aN N COYEgEp yAl �i' O CITY OF ASPEN COUNTY OF PITKIN STATE OF COLORADO CONTAINING: 9.027 SF 0.207 ACRES •/- PREPARED BY ASPEN SURVEY ENGINEERS, INC. 210 SOUTH GALENA STREET ASPEN, COLORADO 81611 TTICE:ACCORDING TO COLORADO LA.v0 HU51 CaWExCF ANT LEGAL CT Ox EASED OPODI ANY VEll OxEFEC1uPL WITHENTTRxLRAVEArYiEA9CiI0x PHONE/FAX (9701 925-3816 BASES WOxP�HYTDEFECi x THIS PLAT BE NT MED MORE TIA TEN JOB NE OATE0 OF TN�iERilFS�µp Ox SNDY�710. TIN. LERTIFICArni ION I ID IF xEl ED xl Tx THE SEAL 0 T DATE I AIEYOR. 04/12 352430 Attachment 9 posy ARCHITECTURE+PLANNING Ha A 8 � iaz a e�aiaxo 0 C—hut x 96'-5' MECH oP 102 101 5q ft .� RESIDENTIAL \ SD 10.23.13 PLANNING SUBMISSION \_ 103 \ - 1 406 sq ft ti DN i----CHASE ABOVE NEW RETAIL 1D1 1107 sq IT 2 422 E. COOPER Aspen,Colorado 3 5 BUILDING FAA CALCS COMMERCIAL(FAR) NONUNIT(FAR) RESIDENTIAL IFARI DECK(FAR) (16,191 allvxable) (4500a11arvablel (675 MI—bW 0 MAIN LEVEL 1107 101 dOfi 0 SECOND LEVEL 0 22 1555 180 5 THIRD LEVEL 0 22 752 783 3 SUB-TOTAL 1107 145 2713 963 PROTECT NO: c AD DEO NOIINDSPACE d2 103 21317.00 ADDED DECK SPACE 288 DWG FIIF: TOiAI FAA I1d8 SO FT 3104 SO R A101-LOWER LEVEL PLAN.09 SHEET TITLE DECK S DFrcucs; MAIN LEVEL PLAN TOTAL ALLOWABLE DECK AREA 4500 X.15=675 SO FT NONLINR SO FT ALLOCATION PERCENTAGE; PERCENT TO COMMERCIAL=1107 SO FT/3820 SO Fl=29% PERCENT TO RESIDENTIAL=2713 SO FF/3820 SO FT=71% ° 1107 soft(aommemia1) 27130-idutuD 3820sgft A101 MAIN LEVEL PLAN Im 2111 2 111 o& d5 vnucxrr- vuomxuv.¢aaoaurs.O =S poss ARCHITECTURE PLANNING 96'.5' 45'-C' 331-0. 5 1/2' t 71 D L LLLLLLL 1 SO 10.2343 PLANNING SUBMISSION RESIDENTIAL F20-1 I 1555 aq ft DECK 241 SO FT EXISTING CHASE EXISTING CHASE 10 SCI FT 2 SO FT -------------------------------------- _L0 422 E. COOPER Aspen,Colorado BUILDING FAR CALCS COMMERCIAL(FAR) NONUNIT(FAR) RESIDENTIAL(FAR) DICK(FAR) cd (16,191 Aflbl.) (675 0 61e) MAIN LEVEL 1107 101 406 0 SECOND LEVEL 0 22 1555 190 THIRD LEVEL 0 22 752 783 SUB TOTAL 1107 145 2713 963 ADDED KOHLER SPACE 42 - 103- PRO)CT NO: ADDED DECK SPACE 288 21 317,0 TOTAL FAR 1148 So FT 3104 SO FT DWG FI AID I-LOVER LEVEL PLAN.A.9 DECK S0 FTCALCS; SHEET TITLE TOTAL ALLOWABLE DECK AREA=4500 X.15=675 So 9 NINU111 1111 ALLOCATION PERCENTAGE, SECOND LEVEL PLAN PERCENT TO COMMERCIAL=1107 SO F1/3820 SO FT=29% PERCENT TO RESIDENTIAL=2713 SO IT/3820 So IT=7 1% 1107 se It(commerci,I) 2713(residential)=3920 sq It 2 SECOND LEVEL PLAN A102 �2013 ti M.-UR n-MMORP7 .101UN poss ARCHITECTURE+PLANNING A B svtN� Consultant rD 1 DN 1 1 1 DECK SD 10.23-13 PLANNING SUBMISSION 1 659 SO FT 1 RESIDENTIAL 1 301 � I 1 ]52 sq k EXISTING CHASE EXISTING CHASE 30 sqk 12 SO FT I; , „ I 422 E. COOPER Aspen,Colorado 3 BUILDING FAR CALCS COMMERCIAL(FAR) NONUNN IFAflI AESIDENIIAL(FAO) DECK(FAA) (16.191 allowable) (4500 allowaNle) (575 allowable) MAIN LEVEL 1107 101 406 0 3 SECOND LEVEL 0 22 1555 160 THIRD LEVEL 0 22 752 783 5 3 SUB-TOTAL 1107 145 2113 963 i ADDED NONUNO SPACE 42 103 E ADDED DECK SPACE 288 PRO 213 1ECi ND: TOTAL FAR 1148 SO FT 3104 So FT 21317.00 DWG FILL A101-LOWER LEVEL PIANAwg DECK SO FT CALCS: TOTAL ALLOWABLE DECK AREA=4500%.15=675 So FT SHEET illlE NONUNn SO FT ALLOCATION PERCENTAGE; �I p p PERCENT IO GOMMEflCML=1 11111111111111 F1 11, THIRD LEVEL PLAN PERCENT TO RESIDENTIAL=2713 SO 99820 So Fr=71`E 1107 sq 71 kommmial)+2713(residential)=3820 sq k �1= THIRD LEVEL PLAN Al 03 o� A-103 v< to a E ©2013r`.wwcna°su`o�"u'�c.vc va- og wnw;msmaem. w.u,mxaasr+sow,ms,na,eve poss ARCHITECTURE+PLANNING I L cen�xnaxc 9U-5- —i 7 i- MECH u —02-] 1 Issue L l F1 77 RESIDENTIAL 10.2313. . 263 q ft on ml A, D-1 A-11- NEW RETAIL =10 1 957 Eq H —-—-—-—-—-—-—-—-—-—-—-—-—-—-—- 422 E. COOPER Aspen,Colorado COMMERCIAL AND AHU FREE MARKET NET UNABLE AREA IEIIIAI. 11043 � AILl 01 NET UNABLE AREAS 1111111IT I AREA '211 S1111111 So ALLOWABLE) (2500 SO FT WITH MR) MAIN LEVEL 957 263 SECOND LEVEL o 1302 THIRD LEVEL D 711 E TnL 357 Sq ft 22i6 soh PkO1FC1 NO: TG 11317.00 Dwc n A 101-LOWER LEVEL PLANAIg SHEET TIRE MAIN LEVEL PLAN MAIN LE VEL PLAN A104 t5 �04 :h- ua poss ARCHITECTURE+PLANNING CA-halt A B 96'-5' 45'-0' 33'-0' Issue SD 10-23-13 PLANNING SUBMISSION UP ON �^ LLLI I I I I RESIDENTIAL 201 ; 1302 Aq ft i I i 422 E. COOPER Aspen,Colorado Ed3 5 5 COMMERCIAL AND AHU FREE MARKET NET LVABLE AREA NET LEASABLE AND NET LIVABLE AREAS COMMERCML NET LEASABLE AREA (2000 SO FT ALLOWABLE) (PROPOSED) (1043 S0 FT ALLOWABLE) 12500 SO n WITH TDR) 3 MAIN LEVEL 957 263 PROIECTAG E SECOND LEVEL 0 l3C2 21317.00 THIRD LEVEL 0 711 DWG IT A 101-LOWER LEVEL P1AR.d.o to TOTAL 957 sgft 2276 soft SHEET TFU SECOND LEVEL PLAN �I e SECOND LEVEL PLAN 4105 4-105 rra.7n ©2013.501,12'Q. ,t d �arva,a,n,_ =a poss ARCHITECTURE PLANNING 96'.5- SO 10-23-13 PLANNINGSUBMI21ON DECK 105 RESIDENTIAL 301 711 Aq ft EXISTING CHASE EXISTING CHASE I 422 E. COOPER Aspen,Colorado it COMMERCIAL AND AHU FREE MARKET NET LIVABLE AREA NET LEASABLE AND NET LIVABLE AREAS II NET LEASABLE AREA �2250�101 111 Alowo"') , (PROPOSED) 043 SO IT ALLOWABLE] So'T WITH TDR) MAIN LEVEL 957 263 SECOND LEVEL 0 1302 3A THIRD LEVEL 0 711 PROJECT NO: TOTAL 957 sq IT 2276 sq It 21317.00 DWG FILL: AIDI-LOWER LEVEL PI-AN.&g t SHEET TITLE 9 THIRD LEVEL PLAN Flo E!;� THIRD LEVEL PLAN Al 06 !�'7 't06 ©2a 1,3 poss +PLANNING c.'.IUM ELEVATOR BEYOND PER PLAN PAINTED METAL PANELS --.......I -r- PAINTED METAL ....I,.,., __ FINISH ROOF PARAPET EL.l3a'd• }I i SANDSTONE ACCENTS d k T . _I iii BRICK � �. i ;„;;;� •^^� ••••;.. :1 PAINTED METAL DOOR AND I \ WINDOW SYSTEM g. a Y I 1' ryr " ,fit PAINTED METAL GUARDRAIL Issue -7 SD In-2313 PLANNING SUBMISSION PAINTED METAL THIRD LEVEL FINISH FLOOR EL.124'-0' °_.. BRICK ❑ � � f-.• SANDSTONE ACCENTS -- PAINTED METAL DOOR AND WINDOW SYSTEM F PAINTED METAL GUARDRAIL .:... ........ ,....................................... ........................................ ........_.__._..__......7__..._........_......_........................................-.._......................._..-_.....__...._.... .................................r.............,..,...........................,...............................................ry........... LEVEL FINISH FLOOR ......_..._...___.._......_............_.._._.."._......_.......".._........._..._......._..__..._..._.__............._...... ..-.«....."..."."........._.._......._.__._._...._.._..-.._-___._..-___..........__,.............._...._ EXISTING HISTORIC FACADE ------- - - - - TO BE PRESERVED AND RESTORED :::::::::: »:..:_1....:......:.......::::: ,_.....................: EXISTING HISTORIC FACADE ............................................................................................................................................................. WINDOW TO BE PRESERVED AND ........................................_.......................................................-............._....._............................... _. .........................__..."..__.........__._..........._..........._......._...-..__..._.._....".......__.... ...::.......:: RESTORED ..................................................................................................... PROPOSED BRICK TO MATCH EXISTING 422 E. COOPER Aspen,Colorado PROPOSED RESIDENTIAL PAINTED ""'-V METAL FROSTED GLASS DOOR MAIN LEVEL FINISH FLOOR E 100'-0' 5'-a• _ ALLEY c S PROPOSED VESTIBULE OPENING WIDTH TO MATCH EXISTING ENTRY DOOR WIDTH o 5 3 PRalECr xa E 21317.00 DWG R L A101-LOWER LEVEL PlANAd g SHEET TIRE SOUTH ELEVATION �Ie SOUTH ELEVATION A201 02013 ,1 uv�uaicrc o poss ARCHITECTURE+PLANNING f1f FAS3 Y tT1[EI 119fR t 9t01 1 (ll 910/933 t IF19>01/930 E9l0 8 A CmwINM 96'-6' PAINTED METAL SANDSTONE ACCENT BRICK i H F PARAPET _ ___________________ _ _ _ _ _ ____ Tn —___ _ EL.I COLORED PRECAST CONCRETE CAP GROUND FACE CMU 59 10-2 3-13 PLANNING SUBMISSION COLORED PRECAST .. CONCRETE CAP --- PAINTED MEFAL SANDSTONE ACCENT BRICK —.._._..—_.—.__.--....—_.._—._.________....—____ ._. TN RD WFINISHFLOOR GROUND FACE CMU ^••• I q .A. .._ __ ..._._ SECOND LEVEL FINISH FLOOR _—_—___ ___________ —_ I ___ ___ E_11 § 422 E. COOPER Aspen,Colorado MAIN LEVEL FlNISN FLOOR -_4_-_-_-_-_ _-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-___-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_ A�T PROJECT*. 21317.00 DWG Fl - AIO1-LONER LEVEL NANAN3 SHEET TITLE EAST ELEVATION �i EAST ELEVATION A202 -zoz 3/t11•V ©2013' poss ARCHITECTURE+PLANNING os uxx. srsn c oxaoo uns m er a . in ce�smr�rt Issue. W 112313 PIANNMC SIIBMF.SIM IAA I t. s b_ am oawN - t m ❑ 422 E. COOPER Aspen,Colorado 3 s 0 s 9 E PR C1 NO., 21317.00 0WC n E A101-LOWER LEVEt PWdn SHEET TMI COMPOSITE ELEVATIONS 51 I Ez COMPOSITE ELEVATION ELEVATION A2�5 A-205 ?©2020s,333 i®Tiw"3 1"��'.x ��ex ug poss f NILECTURE'+PL41`!Wf' ee!un 9w ann area wl9nee am 999/92!a 191 9 1929 2990 A 8 III 96'-5' Consultant PAINTED METAL i SANDSTONE ACCENT BRICK -_-_-_-_____ _ _ -__-_____i_-___ _ EL 136J RAPET __ -- �_^�. ❑ FINISH ROOF PA COLORED PRECAST CONCRETE CAP _ I GROUND FACE CMU I Y SC 10-23-':2 PLANNING SOOMISSION THIRD LEVEL FINISH iL00P _ _-_______________________________ ___ ___ _ _ _ _ _ _ _______ E 120'-0' SECOND LEVEL FINISH FUION _ _ _-_ _ _ _ _-___-___--_ _--_ _ _ ___ _____ -___-_-_______-_ _ _ _ _ _ _ _ _ _ _ _ ___ I _--_____ EL ll3' i 4 422 E. COOPER Aspen,Colorado i _-_________________-_ __ _ _ _______ _ MWI00-0'LEVEL FINISH FLOOD 1 ' ALLEY g o 5 9 I FROIECI 110: E 21317.00 DWG FI L AIOI-LONER LEVEL PIAILAq SHEETi R WEST ELEVATION ry Sag a WEST ELEVATION A203 C,3GI3 fw S o� poss ARCHITECTURE+PLANNING es Ts9r.uA mttr 9nn ww999c 9 o ITl 9 .>3F iF1 9201933 2913 Em931b1a FI R R PARAPET �_- - ...... ...... ... _,.. ELI d COLORED PRECAST CONCRETE CAP COLORED PRECAST CONCRETE LINTEL I - Wue ........._�_ Y SD 10.2113 PWa1NC R1N85SION V FINISH FLOOR laA' COLORED PRECAST CONCRETE LINTEL 1 GROUND FACE.11 9ECON0 tFVEL FINISH FLOOR 422 E. COOPER a, Aspen,Colorado SPLIT-FACE CMU PAINTED METAL DOOR _ j MAIN LEVEL FINISH FLOOR •� ALLEY L VOI PAOA:C 21317.00 DK THE, A101-LOYIEa LEVEL PURAR2 SHEET TIRE NORTH ELEVATION s NORTH ELEVATION A204 2oa .,•� G 5013 A mRA®d 9.333.;.3. r poss ARCHITECTURE+PLANNING srem aura cnlsu.A. In ssro�9 xss�7ss In no nxa xvsD ' + Cmsottam I N O Now .. ........._.._ ---- Issue SO 10.23-13 PLANNING SUBMISSION I PI -- -L 422 E. COOPER 1 - Aspen,Colorado ED I 5 3 ED 9 PAOIECINO: E 21317.00 DWG FILE: A1DI-LOMITA LEVEL PLANT SHEET TITLE SKETCH UP SCENES ry A A206 ,;Q Sg G20:3 og aP �.n FI.� nno nix.Tie e[_.rtororsxa�ttc =n poss }z' ARCHITECTURE+PLANNING i � f ,,J��"`", �I� �� '-•� H,[�,,.,,,i�LU ,Rl CO�LE..C4,.L�� C.c Oi9t6�,es LLr�f :c:.eu f ....�. cmw►.m SO 10.23-13 PNNNINC SIIBiAISS10N rc s - r yy _ 77 _ ;... t. [ 422 E. COOPER Aspen.Colorado or T PROJECT NO A17.0 '. �• ,� �_ `�._ { _ ,�� ' + � �� LOWER LEVEJ PIAN.Prvp EXTERIOR MATERIALS A207 0 20!3:Ilk'Y"".w.u,;c.- • • • • • • aec • • Architectural Engineering Consultants, Inc. • Mechanical, Electrical, & Ligliting Design Services An Office with LEED""" Accredited Professionals • • Existing Equipment Assessment • • To: Tim Andrulaitis From: Martin Zourek • Company: Poss Architecture + Project: 422 E Cooper - Red Onion & Planning Poster Shop • Phone: 970-925-4755 Project No.: 13088 Date: 10 18/2013 _ Re: Existing equipment assessment Tim, • We are providing you with an assessment of the existing equipment on the existing roof of the Poster shop with our recommendations. • Existing Equipment • The existing equipment on the Poster shop roof serves the Red Onion kitchen 0 equipment. The existing roof top equipment consists from the following: • 1) Scrubber—this equipment serves as exhaust for the existing two kitchen hoods. • The scrubber is 33"tall and is located on a 34"tall curb. • 2) Makeup air— this equipment is interconnected with the scrubber and it delivers • preheated fresh air to the existing two type I kitchen hoods. The makeup air unit i is equipped with heat recovery wheel. This unit is unit is 60"tall and is located • on 14"curb. i 3) Smaller equipment located on the roof is one condensing unit serving existing air • handler located inside the Red Onion, exhaust fan serving type II hood inside red • Onion and two condensers serving existing walking cooler and freezer. These units are approx. 40"tall. • • 4) The scrubber and makeup air units are connected with hoods via ductwork: 12x8 type II exhaust • 28x12 makeup air supply 30x16 type I hoods exhaust • 40801 US Hwy 6&24,Suite 214,Eagle-Vail,CO 81620 Post Office Box 8489,Avon,CO 81620 • phone: 970-748-8520 fax: 970-748-8521 email:stan @.ace-vail.com web:wivi•.aec-vail.com • • • • 422 E Cooper - Red Onion & Poster Shop Page 2 of 2 October 18, 2013 Options and recommendations The existing equipment can be relocated on the new roof or adjacent offices roof or • adjacent building as we discussed over the phone conference. We reviewed existing kitchen equipment plans and HVAC design. From the existing • documentation we found that some kitchen equipment hasn't been installed mainly the equipment which requires scrubber. Based on that the existing equipment on the roof can be replaced with a lot smaller one and some can be removed entirely. For example: 1) The existing scrubber is no longer needed and can be removed. A new exhaust upblast fan will be installed instead. The new fan is 37.5"tall and will be mounted on a 20"tall curb. 2) The existing makeup air unit can be replaced with a lot smaller model without heat recovery. The new unit is only 37"tall and it will be located on a 16"tall curb. 3) Other equipment as described in above section will have to be relocated as is or redesigned. We only see an issue with the existing condensers as there is refrigeration piping length limit between evaporators located inside the restaurant and condenser outside. This limit may prevent us from relocating . those condensers on the new or adjacent roofs. 4) With smaller equipment the existing ductwork can be also resized as following: 12x8 will have to stay as is 28x12 will have to stay as is 30x16 can be downsized to 26x14 We would recommend replacing the existing equipment with smaller and it can be relocated on the new roof or existing office roof. If you have any further questions do not hesitate to contact us. Regards Martin Zourek t ,ray`• l .`' i�f��' - `�► yg '' - - `3 s., a. -,� < a =�.-,a..� ._ ,.po*� �a # 5,. .Im WIN,- oil Ap P r " 1 f l- Attachment 11 October 16, 2013 City of Aspen Community Development Department Attn:Sara Adams o ! , 130 S. Galena StreetU!��'?`r`� ' Aspen, CO 81611 Re: Notice to Vacate All Covenants for Red Onion Condominiums This Notice to Vacate in entered into by and between the following entities who comprise the "Owners" of all Red Onion Condominium Units: (i) RED ONION INVESTORS, LLC, a Colorado limited liability company,AVH ONION VENTURES II LLC, a Colorado limited liability company, NH ONION VENTURES II LLC, a Colorado limited liability company, RG ONION VENTURES II LLC, a Colorado limited liability company, and SH ONION VENTURES II LLC, a Colorado limited liability company, as the owner of record of Units 1, 2, 3, 5, 6, 7 and 8, Red Onion Condominiums, Pitkin County, Colorado; and (ii) AP RT 29, LLC, a Colorado limited liability company, as the owner of record of Unit 4, Red Onion Condominiums, Pitkin County, Colorado. The Owners hereby vacate all covenants for Red Onion Condominiums as set forth in the Condominium Declaration for Red Onion Condominium recorded on March 14, 1984, in Book 462 at Page 980, and First Amendment thereto recorded on November 17, 1998 at Reception#: 424568. This Notice to Vacate is executed by the Owners effective as of October 16, 2013. OWNERS: Red Onion Investors, LLC, a Colorado limited liability company By: Red Onion Management Company, its Manager By: Andrew V. Hecht, President AVH ONION VENTURES II LLC, a Colorado limited liability company By: Andrew V. Hecht, Manager NH ONION VENTURES II LLC, a Colorado limited liability company Andrew V. Hecht, Authorized Signatory RG ONION VENTURES II LLC, a Colorado limited liability company By: Andrew V. Hecht, Authorized Signatory SH ONION VENTURES II LLC, a Colorado limited liability company By: Andrew V. Hecht, Authorized Signatory AP RT 29, LLC, a Colorado limited liability company By: —�- Andrew V. Hecht, Manager STATE OF COLORADO } COUNTY OF PIKTIN } I HEREBY CERTIFY that, on this day, before me, an officer duly authorized in the State and County aforesaid to administer oaths and take acknowledgments, personally appeared Andrew V. Hecht, in his capacity as President of Red Onion Management Company,the Manager of Red Onion Investors, LLC, and also in his capacity as the Manager of AVH Onion Ventures II LLC; Manager of AP RT 29, LLC; and Authorized Signatory of NH Onion Ventures II LLC, RG Onion Ventures II LLC and SH Onion Ventures II LLC who after being duly sworn, acknowledged before me the execution of the foregoing instrument for the purposes therein expressed, and who produced as identification. �J�n WITNESS my hand and official seal in the County d State last aforesaid,this[—lam day of October, 2013. STAG STANEK NOTARY PUBLIC N A Y P%M5-;aNr4t- NOTARY E OF COLORADO STATE OF COLORADO ID p� 7,2014 Name: My commission expires:lb.-7- f THE CITY OF ASPEN ACKNOWLEDGES the vacation of certain covenants associated with the Red Onion Condominiums and the plat map thereof vacated by the City of Aspen pursuant to reception no. , Pitkin County Recorder. City of Aspen BY: Date TV GO October 16, 2013 ' City of Aspen Community Development Department Attn:Sara Adams 130 S. Galena Street Aspen, CO 81611 Re: Notice to Vacate Condominium Plat: Units 1 through 8, Red Onion Condominiums This Notice to Vacate in entered into by and between the following entities who comprise the "Owners" of all Red Onion Condominium Units: (i) RED ONION INVESTORS, LLC, a Colorado limited liability company, AVH ONION VENTURES II LLC, a Colorado limited liability company, NH ONION VENTURES II LLC, a Colorado limited liability company, RG ONION VENTURES II LLC, a Colorado limited liability company, and SH ONION VENTURES If LLC, a Colorado limited liability company, as the owner of record of Units 1, 2, 3, 5, 6, 7 and 8, Red Onion Condominiums, Pitkin County, Colorado; and (ii) AP RT 29, LLC, a Colorado limited liability company, as the owner of record of Unit 4, Red Onion Condominiums, Pitkin County, Colorado. The Owners hereby request that the City of Aspen vacate the condominium plat for Units 1 through 8, Red Onion Condominiums,Aspen, Colorado 81611, as recorded on March 14, 1984, Plat Book 15 at Pages 94-97, Reception #258014. LEGAL DESCRIPTION: UNITS 1, 2, 3,4, 5, 6, 7 AND 8, RED ONION CONDOMINIUMS, according to the Condominium Map recorded in Plat Book 15 at Pages 94-97 and as defined and described in the Condominium Declaration recorded March 14, 1984 in Book 462 at Page 980. [SIGNATURES AND NOTARIZATIONS ON FOLLOWING PAGES] This Notice to Vacate is executed by the Owners effective as of October 16, 2013. OWNERS- Red Onion Investors, LLC, a Colorado limited liability company By: Red Onion Management Company, its Manager By: Andrew V. Hecht, President AVH ONION VENTURES II LLC, a Colorado limited liability company By: Andrew V. Hecht, Manager NH ONION VENTURES II LLC, a Colorado limited liability company By: Andrew V. Hecht, Authorized Signatory RG ONION VENTURES II LLC, a Colorado limited liability company By: Andrew V.Hecht, Authorized Signatory SH ONION VENTURES II LLC, a Colorado limited liability company By: Andrew V. Hecht, Authorized Signatory AP RT 29, LLC, a Colorado limited liability company By:—� — Andrew V. Hecht, Manager STATE OF COLORADO } COUNTY OF PIKTIN } I HEREBY CERTIFY that, on this day, before me, an officer duly authorized in the State and County aforesaid to administer oaths and take acknowledgments, personally appeared Andrew V. Hecht, in his capacity as President of Red Onion Management Company, the Manager of Red Onion Investors, LLC, and also in his capacity as the Manager of AVH Onion Ventures II LLC; Manager of AP RT 29, LLC; and Authorized Signatory of NH Onion Ventures II LLC, RG Onion Ventures II LLC and SH Onion Ventures II LLC who after being duly sworn, acknowledged before me the execution of the foregoing instrument for the purposes therein expressed, and who produced as identification. WITNESS my hand and official seal in the County and State last aforesaid,thisz�day of October, 2013. F STAGY STANEK NOTARY PUBLIC TATE OF COLORADO NO Y PU LI STATE OF COLORADO TARY ID#20024032730 Name: ley rr�mission Ekes October 7,2014 My commission expires: Pursuant to Aspen Municipal Code 26.480.090 and the above request to vacate,the plat map for Units 1 through 8, Red Onion Condominiums, recorded at plat book 15, pages 94-97, as reception number 258014 with the Pitkin County Recorder is hereby vacated by the City of Aspen. City of Aspen- - - Date - By: Attachment 12 PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, 3rd Floor ASPEN, COLORADO 81611 970-925-1766 970-925-6527 FAX October 8,2008 GARFIELD&HECHT 601 E. HYMAN AVE. ASPEN, CO 81611 ATTN. ROBIN RE: UNITS 1-8, RED ONION CONDOS -- PCT21730L Pitkin County Title, Inc. is pleased to provide you with the owners policy along with the following endorsements relative to the above mentioned file: Endorsement Form Endorsement Form _ - Endorsement Form - - - - - Endorsement Form Endorsement Form Endorsement Form Please review the policy in its entirety. We at Pitkin County Title, Inc. believe in providing you, our customer, with a quality product which will serve your needs. In the event you do find a discrepancy, or if you have any questions or comments regarding your final policy, please contact us and we will gladly handle any request you may have as efficiently and quickly as possible. We have assigned the above number to your records to assure prompt processing of future title orders involving the property. If you sell or obtain a loan on this property within 5 years, ask your broker or agent to contact our office to ensure re-issue rates which may be available to you. Thank you very much for giving Pitkin County Title, Inc. the opportunity to serve you. Sincerely, OWNER'S POLICY OF TITLE INSURANCE Issued by Lawyers Title Insurance Corporation POLICY NUMBER LandAmerica LaMers 111 96 Insurance Corporationisa member ofthe A75-2122079 Lawyers Title Lan dAmerica family o ftittle insurance underwrffers. SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, LAWYERS TITLE INSURANCE CORPORATION, a Nebraska corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs,attorneys'fees and expenses incurred In defense of the title,as insured,but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, LAWYERS TITLE INSURANCE CORPORATION has caused its corporate name and seal to be hereunto affixed by its duly authorized officers,the Policy to become valid when countersigned by an authorized officer or agent of the Company. LAWYERS TITLE INSURANCE CORPORATION `01... ... . 9 Attest: SEAL By: Secretary �b�NfekasK \` President EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (1) the occupancy, use, or enjoyment of the land; (fi) the character, dimensions or location of any improvement now or hereafter erected on the land;(iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above, except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a) created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the Insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy;or (e) resulting in loss or damage which would not have been sustained If the Insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim,which arises out of the transaction vesting in the Insured the estate or interest Insured by this policy,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer;or (b) the transaction creating the estate or Interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure; O to timely record the instrument of transfer;or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. NMI PA 10 ALTA Owner's Policy(10117/92) Valid Only If Schedules A and B are Attached Form 1190-74Z ORIGINAL CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. and expressly reserves the right,in its sole discretion,to appeal from any adverse The following terms when used in this policy mean: judgment or order. (a) 'insured':the insured named in Schedule A,and,subject to any rights (d) In all cases where this policy permits or requires the Company to or defenses the Company would have had against the named Insured,those who prosecute or provide for the.defense of any action or proceeding,the insured shall succeed to the interest of the named insured by operation of law as distinguished secure to the Company the right to so prosecute or provide defense in the action from purchase including,but not limited to,heirs,distributees,devisees,survivors, or proceeding, and all appeals therein, and permit the Company to use, at its personal representatives,next of kin,or corporate or fiduciary successors. option,the name of the insured for this purpose. Whenever requested by the (b) insured claimant':an insured claiming loss or damage. Company, the insured, at the Company's expense, shall give the Company all (c) 'knowledge'or'known":actual knowledge,not constructive knowledge reasonable aid p) in any action or proceeding, securing evidence, obtaining or notice which may be imputed to an Insured by reason of the public records as witnesses, prosecuting or defending the action or proceeding, or effecting defined in this policy or any other records which impart constructive notice of settlement, and(ii) in any other lawful act which in the opinion of the Company matters affecting the land. may be necessary or desirable to establish the title to the estate or interest as (d) "land": the land described or referred to in Schedule A, and insured. If the Company is prejudiced by the fallure of the Insured to furnish the improvements affixed thereto which by law constitute real property. The term required cooperation,the Company's obligations to the insured under the policy 'land"does not include any property beyond the lines of the area described or shall terminate, including any liability or obligation to defend, prosecute, or referred to in Schedule A, nor any right, title, interest, estate or easement in continue any litigation, with regard to the matter or matters requiring such abutting streets, roads, avenues, alleys, lanes,ways or waterways, but nothing cooperation. herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy_ 5. PROOF OF LOSS OR DAMAGE. (e) "mortgage': mortgage, deed of trust, trust deed, or other security In addition to and after the notices required under Section 3 of these instrument. Conditions and Stipulations have been provided the Company,a proof of loss or (f) public records": records established under state statutes at Date of damage signed and sworn to by the insured claimant shall be furnished to the Policy for the purpose of Imparting constructive notice of matters relating to real Company within 90 days after the insured claimant shall ascertain the facts giving property to purchasers for value and without knowledge. With respect to Section rise to the loss or damage. The proof of loss or damage shall describe the defect I(a)(iv) of the Exclusions From Coverage, "public records" shall also include in, or Gen or encumbrance on the title, or other matter insured against by this environmental protection liens filed in the records of the clerk of the United States policy which constitutes the basis of loss or damage and shall state,to the extern district court for the district in which the land is located. possible, the basis of calculating the amount of the loss or damage. If the (g) 'unmarketabiliry of the title":an alleged or apparent matter affecting the Company is prejudiced by the failure of the insured claimant to provide the title to the land, not excluded or excepted from coverage, which would entitle a required proof of loss or damage,the Company's obligations to the insured under purchaser of the estate or interest described In Schedule A to be released from the policy shall terminate,including any liability or obligation to defend,prosecute, the obligation to purchase by virtue of a contractual condition requiring the delivery or continue any litigation,with regard to the matter or matters requiring such proof of marketable title, of loss or damage. In addition, the Insured claimant may reasonably be required to submit to 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. examination under oath by any authorized representative of the Company and The coverage of this policy shall continue in force as of Date of Policy In shall produce for examination,inspection and copying,at such reasonable times favor of an insured only so long as the insured retains an estate or interest in the and places as may be designated by any authorized representative of the land,or holds an indebtedness secured by a purchase money mortgage given by Company, all records,books,ledgers,checks,correspondence and memoranda. a purchaser from the insured,or only so long as the insured shall have liability by whether bearing a date before or after Date of Policy,which reasonably pertain tc reason of covenants of warranty made by the insured in any transfer or the loss or damage. Further,if requested by any authorized representative of the conveyance of the estate or interest. This policy shall not continue in force in Company, the insured claimant shall grant its permission, In writing, for any favor of any purchaser from the insured of either @ an estate or interest in the authorized representative of the Company to examine, Inspect and copy al land,or(ii)an indebtedness secured by a purchase money mortgage given to the records,books,ledgers,checks,correspondence and memoranda in the custody insured. or control of a third party, which reasonably pertain to the loss or damage. Al Information designated as confidential by the insured claimant provided to the 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. Company pursuant to this Section shall not be disclosed to others unless,in the The insured shall notify the Company promptly in writing (i) in case of any reasonable judgment of the Company, it is necessary in the administration of the litigation as set forth in Section 4(a)below,(ii)in case knowledge shall come to an claim. Failure of the insured claimant to submit for examination under oath insured hereunder of any claim of title or interest which is adverse to the title to the produce other reasonably requested information or grant permission to secure estate or interest,as insured,and which might cause loss or damage for which the reasonably necessary information from third parties as required in this paragrapt Company may be liable by virtue of this policy, or (iii) if title to the estate or shall terminate any liability of the Company under this policy as to that claim, interest, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;TERMINATION OF terminate with regard to the matter or matters for which prompt notice is required; LIABILITY. provided,however,that failure to notify the Company shall in no case prejudice In case of a claim under this policy,the Company shall have the followinc the rights of any insured under this policy unless the Company shall be prejudiced additional options: by the failure and then only to the extent of the prejudice. (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under this policl 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED together with any costs, attorneys'fees and expenses incurred by the insurec CLAIMANT TO COOPERATE. claimant, which were authorized by the Company, up to the time of payment of (a) Upon written request by the insured and subject to the options tender of payment and which the Company is obligated to pay. contained in Section 6 of these Conditions and Stipulations,the Company,at its Upon the exercise by the Company of this option, all liability anc own cost and without unreasonable delay, shall provide for the defense of an obligations to the insured under this policy, other than to make the paymen Insured in litigation in which any third party asserts a claim adverse to the title or required,shall terminate,including any liability or obligation to defend,prosecute Interest as insured,but only as to those stated causes of action alleging a defect, or continue any litigation,and the policy shall be surrendered to the Company fo lien or encumbrance or other matter Insured against by this policy. The Company cancellation. shall have the right to select counsel of its choice (subject to the right of the (b) To Pay or Otherwise Settle With Parties Other than the Insured or Witt insured to object for reasonable cause)to represent the insured as to those stated the insured Claimant causes of action and shall not be liable for and will not pay the fees of any other @ to pay or otherwise settle with other parties for or in the name o counsel. The Company will not pay any fees,costs or expenses incurred by the an insured claimant any claim insured against under this policy,together with anl insured in the defense of those causes of action which allege matters not insured costs,attorneys'fees and expenses incurred by the insured claimant which were by this policy. authorized by the Company up to the time of payment and which the Company ie (b) The Company shall have the right, at its own cost, to institute and obligated to pay;or prosecute any action or proceeding or to do any other act which in its opinion may (i) to pay or otherwise settle with the insured claimant the loss o be necessary or desirable to establish the title to the estate or Interest,as insured, damage provided for under this policy,together with any costs,attorneys'fees anc or to prevent or reduce loss or damage to the insured. The Company may take expenses incurred by the insured claimant which were authorized by the any appropriate action under the terms of this policy, whether or not it shall be Company up to the time of payment and which the Company is obligated to pay. liable hereunder,and shall not thereby concede liability or waive any provision of Upon the exercise by the Company of either of the options provided for it this policy. If the Company shall exercise its rights under this paragraph,it shall paragraphs(b)(1)or(ii),the Company's obligations to the insured under this polio} do so diligently, for the claimed loss or damage, other than the payments required to be made (c) Whenever the Company shall have brought an action or interposed a shall terminate, Including any liability or obligation to defend, prosecute o defense as required or permitted by the provisions of this policy, the Company continue any litigation. may pursue any litigation to final determination by a court of competent jurisdiction CITY 0-F DATE ,.n.711,FiT PAID WHEN RECORDED RETURN TO: Natasha Saypol,Esq. 831 South Milwaukee Street Denver,Colorado 80209 WARRANTY DEED THIS DEED, effective as of the 30`h day of November, 2007, between GLENROY PARTNERS, a California partnership, GRANTOR, and NH ONION VENTURES 11 LLC, a Colorado limited liability company,whose legal address is:601 E.Hyman Avenue,Aspen,Colorado 81611,GRANTEE: WHEREAS, Grantor is the owner of an undivided 18.81% interest (defined herein as "Grantor's Interest") in and to all the real property("Property")together with improvements, if any, situate, lying and being in the County of PITKIN,State of COLORADO,described as follows: See Exhibit "A" attached hereto and incorporated herein by this reference for legal description of the Pro e TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainders, rents, issues and profits thereof, and all the estate,right,title,interest,claim and demand whatsoever of the Grantor either in law or equity,of,in and to the above bargained premises,with the hereditaments and appurtenances; WITNESSETH,That the Grantor,for and in consideration of the sum of TEN DOLLARS and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained,sold and conveyed,and by these presents does grant,bargain,sell and convey and confirm unto: the Grantee, its heirs and assigns forever, an undivided 12.31% of Grantor's Interest in the Property WITNESSETH, That Grantee shall own its respective undivided percentage interest in the Property, as described above,as a tenant in common; TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the Grantee, its heirs and assigns forever. And the Grantor,for itself, its heirs and assigns,does covenant, grant,bargain,and agree to and with the Grantee,its heirs and assigns,that at the time of the ensealing and delivery of the presents, Grantor is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain,sell and convey the same in manner and form as aforesaid,and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever,except taxes for the year 2007, now a lien,but not yet due or payable,and all subsequent years not yet due or payable and all matters of record with the Pitkin County Clerk&Recorder. The Grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee, its heirs and assigns,against all and every person or persons lawfully claiming the whole or any part thereof.The singular number shall include the plural,the plural the singular,and the use of gender shall be applicable to all genders. RECEPTION#: .44579, 12/0312007 at 03:36:27 PM, 1 OF 3, R $1G.00 DF $58.88 Doc Cade WD Janice K.Vos Caudill, Piticirt County,CO T PH�tJ DATE RCP NO ;:ATE i1 I44. WHEN RECORDED RETURN TO: Natasha Saypol,Esq. 1 831 South Milwaukee Street l Denver,Colorado 80209 WARRANTY DEED I THIS DEED, effective as of the 30u' day of November, 2007, between GLENROY PARTNERS, a California partnership, GRANTOR, and AVH ONION VENTURES II LLC, a Colorado limited liability company,whose legal address is:601 E.Hyman Avenue,Aspen,Colorado 81611,GRANTEE: WHEREAS, Grantor is the owner of an undivided 18.81% interest (defined herein as "Grantor's Interest") in and to all the real property("Property")together with improvements, if any, situate, lying and being in the County of PITKIN,State of COLORADO,described as follows: See Exhibit "A" attached hereto and incorporated herein by this reference for legal description of the Prove TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainders, rents, issues and profits thereof, and all the estate,right,title, interest,claim and demand whatsoever of the Grantor either in law or equity,of,in and to the above bargained premises,with the hereditaments and appurtenances; WITNESSETH, That the Grantor, for and in consideration of the sum of TEN DOLLARS and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, - bargained,sold and conveyed,and by these presents does grant,bargain,sell and convey and confirm unto: the Grantee, its successors and assigns forever, an undivided 3.6% of Grantor's Interest in the Property: WITNESSETH, That Grantee shall own its respective undivided percentage interest in the Property, as described above,as a tenant in common; TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the Grantee, its heirs and assigns forever. And the Grantor, for itself, its heirs and assigns,does covenant, grant,bargain,and agree to and with the Grantee,its heirs and assigns,that at the time of the ensealing and delivery of the presents, Grantor is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain,sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except taxes for the year 2007, now a lien,but not yet due or payable, and all subsequent years not yet due or payable and all matters of record with the Pitkin County Clerk&Recorder. r The Grantor shalt and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee,its heirs and assigns,against all and every person or persons lawfully claiming the whole or any part thereof.The singular number shall include the plural,the plural the F singular,and the use of gender shall be applicable to all genders. , RECEPTi01+1#: 644580,J2/0312007 at 03:36:2$PM, 1 OF 3. R $16.00 OF $19.14 Doc Code WD Janice K.Vos Caudill,Pitkin County,CO i | i -/`-V0� n *�E�TKND P -p NO. D�TE R5P ' WHEN RECORDED RETURN TO: Natasha auyno\Esq. 931 South Milwaukee Street Denver,Colorado 90209 WARRANTY DEED THIS DEED, *ffecdpu as of the 30m day of November, 2007 between GL8NROY PARTNERS, GRANTOR. and RG ONION 920?OREG O LLC, u Colorado limited liability company, whose legal address is:60] E.Hyman Avenue,Aspen,Colorado Vl0ll.GRANTEE: YV8DRGAQ. Grantor is the owner of an undivided 18.81Y6 interest (defined herein as '^Gruo,ur`o Interest") in and to all the real property("Property")together with improvements, if any, situate, lying and being inthe County of PlTKDi,State of COLORADO,described uofollows: See Exhibit "A" attached hereto and incorporated herein by this reference for legal description of the / ' TOGETHER with all and viuQu|nn the hored/taneutsumd appurtenances thereto belonging, or in anywise appertaining, and the reversion and ,uvcmi000' reomindom, mnm, issues and profits thereof, and all the estate,right,title,interest,claim and demand whatsoever of the Grantor either in law or equity,of,in and to the above bargained premises,with the knmditamcnts and appurtenances; WITNESSETH,That the Grantor,For and in consideration uf the sum of TEN DOLLARS and other good i and valuable onnoidonuiuo. the receipt and yuYOduocy of which is bvrvhy acknowledged, has granted, i bargained,sold and conveyed,and by these presents does grant,bargain,sell and convey and confirm Linto; � Property;the Grantee,its heirs and assigns forever,an undivided 2.9%of Grantor's Interests in the nY}DNS8ODTB. That Grantee shall own its respective undivided percentage interest in the Property, as ! described above,axm tenant incommon; TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenanc-es,unto | the Grantee, its heirs and assigns forever. And the Grantor,for itself, its heirs and assigns, does uovonunt� grant,bargain,and agree to and with the Grantee,its heirs and assigns,that at the time vf the nuowUingand delivery ofthe presents, Gsxumr io well seized of the premises above conveyed, has good, sure, perfect, uhm,ivtv and indefeasible estate ofinheritance, in law, in fee simple, and has good right, full power and lawful auhority to grant bagain,sell and convey he same in manner and orm as aforesaid and ta the ! ammo ae fee and cea from all 0v,mv and mhe gao/,, bagxioo^ wavo, li°oa. zox*a.`oxmmamvot . / encumbrances and restrictions of whatever kind or nature whatsoever,except taxes for the year 2007,now | a lien,but not yet due or payable,and all subsequent years not yet due or payable and all matters of record | with the Pdkiu County Clerk&Recorder. � The Grantor shall and will WARRANT AND FOREVER DEFEND The above bargained premises inthe ' quiet and peaceable possession of the Grantee, its heirs and assigns,against all and every person u,persons lawfully claiming the whole urany part thereof.The singular number shall include the plural,the plural the � oin8vioz uod�boun�u��o,�^ra�o|\hvwpp|ivaN*towU0*nd�m ' . � ` ' ` � @ECEPTIOW#-544581. 12&03120$7mt 03:36:29 PM, ` 1OF3. R p16.00 DF $U5.42 Doc Code VVQ � Janice PCVma Caudill, PitAin County, CO i I SCHEDULE A-OWNER'S POLICY CASE NUMBER DATE OF POLICY AMOUNT OF INSURANCE POLICY NUMBER PCT21730L December 3, 2007 @ 3:37 PM $899,701.00 A75-Z122079 1, NAME OF INSURED: NH ONION VENTURES 11 LLC, A COLORADO LIMITED LIABILITY COMPANY, AN UNDIVIDED 12.31% INTEREST AND AVH ONION VENTURES 11 LLC, A COLORADO LIMITED LIABILITY COMPANY,AN UNDIVIDED 3.6% INTEREST AND RG ONION VENTURES II LLC, A COLORADO LIMITED LIABILITY COMPANY, AN UNDIVIDED 2.9% INTEREST 2. THE ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS: IN FEE SIMPLE 3, THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN: NH ONION VENTURES 11 LLC, A COLORADO LIMITED LIABILITY COMPANY, AN UNDIVIDED 12.31% INTEREST AND AVH OIN10N VENTURES 11 LLC,A COLORADO LIMITED LIABILITY COMPANY,AN UNDIVIDED 3.6% I NTEREST AND RG ONION VENTURES 11 LLC, A COLORADO LIMITED LIABILITY COMPANY,AN UNIDIVIDED 2.9% INTEREST 4. THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF PITKIN, STATE OF COLORADO AND IS DESCRIBED AS FOLLOWS: See Attached Exhibit"A" Countersigned: Authorized officer r agent PITKIN COUNTY TITLE, INC. 601 E.HOPKINS AVE. ASPEN,COLORADO 81611 (970)925-17661(970)-925-6527 FAX THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON THE COVER SHEET, EXHIBIT "A"" LEGAL DESCRIPTION AN UNDIVIDED 18.81% INTEREST IN AND TO: UNITS 1, 2, 3, 5,6,7 AND 8, RED ONION CONDOMINIUMS, according to the Condominium Map recorded in Plat Book 15 at Pages 94-97 and as defined and described in the Condominium Declaration recorded March 14, 1984 in Book 462 at Page 980. TOGETHER WITH any applicable Limited Common Elements and an undivided interest of each unit in and to the Common Elements and as defined in the aforesaid Condominium Declaration as follows: Unit No. Undivided Percentage Interest 1 14.42 2 20.83 3 15.38 5 4.99 6 4.96 7 4.59 8 1.14 TOGETHER WITH all rights and benefits accruing to the subject property by reason of the appurtenant easement and right of way for party wall provided in that certain Deed recorded August 22, 1956 in Book 174 at Page 445. SCHEDULE B-OWNERS - - CASE NUMBER DATE OF POLICY POLICY NUMBER PCT21730L December 3, 2007 @ 3:37 PM A75-2122079 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements,or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines,shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are 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. Water rights, claims or title to water. 6. Taxes and assessments (not including condominium or homeowners association assessments or dues)for the year 2007 and subsequent years only, a lien not yet due and payable. 7. Reservation of all ores and mineral bearing rock,and so much of the said lot beneath its surface as may be necessary for mining purposes as set forth in Deed recorded June 16, 1891 in Book 93 at Page 167. 8. Easement and right of way for Party Wall as set forth in instrument recorded August 22, 1956 in Book 174 at Page 445. 9. Terms,conditions, provisions and obligations as set forth in Notice of Historic Designation recorded January 13, 1975 in Book 295 at Page 515. 10. Terms,conditions, provisions and obligations as set forth in Covenants recorded March 2, 1981 in Book 404 at Page 939. (Affects Unit 3 only) 11. Terms,conditions, obligations and all matters as set forth in Statement of Exception from the Full Subdivision Process recorded March 2, 1981 in Book 404 at Page 937. 12. Terms,conditions, provisions and obligations as set forth in Covenant recorded February 16, 1984 in Book 461 at Page 192. 13. Terms,conditions, provisions, obligations, easements, restrictions and assessments as set forth in the Condominium Declaration for Red Onion Condominiums recorded March 14, 1984 in Book 462 at Page 980 and First Amendment thereto recorded November 17, 1998 as Reception No. 424568 and Statement of Correction Regarding First Amendment recorded July 11,2007 as Reception No. 539781,deleting therefrom any restrictions indicating preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin. 14. Easements, rights of way and all matters as disclosed on Plat of subject property recorded in Plat Book 11 at Page 15 and Plat Book 15 at Page 94, 15. Terms, conditions, provisions, obligations and all matters as set forth in the Articles of Incorporation of Red Onion Condominium Association recorded March 14, 1987 in Book 463 at Page 18. (Continued) POLICY NO. A75-Z122079 CASE NO. PCT21730L I SCHEDULE B-OWNERS --EXCEPTIONS--CONTINUED-- 16. Terms,conditions, provisions and obligations as set forth in Red Onion Building Permit Agreement recorded May 3,2007 as Reception No. 537304 and amendment thereto recorded May 9, 2007 as Reception No. 537509. 17. Terms, conditions, provisions and obligations as set forth in Revocable Encroachment License with the City of Aspen recorded September 14, 2007 as Reception No. 542011. 18. Deed of Trust from : RED ONION INVESTORS LLC,A COLORADO LIMITED LIABILITY COMPANY To the Public Trustee of the County of PITKIN For the use of : GENERAL ELECTRIC CAPITAL CORPORATION Original Amount : $2,000,000.00 Dated : October 9, 1998 Recorded : October 16, 1998 Reception No. :423327 Re-recorded : November 16, 1998 Reception No. :424509 Assignment of Leases and Rents given in connection with the above Deed of Trust recorded October 16, 1998 as Reception No. 423328 and re-recorded November 16, 1998 as Reception No. 424510. Assignment of Mortgage and Assignment of Leases and Rents given in connection with the above Deed of Trust recorded June 8, 1999 as Reception No.431954. 19. Security interest under the Uniform Commercial Code affecting subject property, notice of which is given by Financing Statement from RED ONION INVESTORS, LLC,debtor to GENERAL ELECTRIC CAPITAL CORPORATION, secured party, Recorded October 16, 1998 as Reception No.423329 and Amendments thereto recorded August 9, 1999 as Reception No. 434214.. 20. Security interest under the Uniform Commercial Code affecting subject property, notice of which is given by Financing Statement from RED ONION INVESTORS, LLC, debtor to GENERAL ELECTRIC CAPITAL CORPORATION, secured party, Recorded October 16, 1998 as Reception No_423320 and Amendments thereto recorded August 29, 2003 as Reception No. 487716,487717, 487718 and August 9, 1999 as Reception No. 434215. 21. Deed of Trust from :RED ONION INVESTORS LLC To the Public Trustee of the County of PITKIN For the use of :ALPINE BANK Original Amount : $1,500,000.00 is Dated : June 25, 2007 Recorded : July 13, 2007 Reception No. : 539904 EXCEPTIONS NUMBERED NONE ARE HEREBY OMITTED. i i i•. CONDITIONS AND STIPULATIONS (Continued) 7. DETERMINATION,EXTENT OF LIABILITY AND COINSURANCE. (b) When liability and the extent of loss or damage has been definitely fixed This policy is a contract of indemnity against actual monetary loss or damage in ybledwithin 30 ays thereafter. and Stipulations,the loss or damage shall be sustained or incurred by the insured claimant who has suffered loss or damage by pay Ys reason of matters insured against by this policy and only to the extent herein 13. l)B The Company's Right of Subrogation.CEMENT.a claim described. (a) The liability of the Company under this policy shall not exceed the least all right Whenever the of subrogation shall vest)ina the SeCompany u affected bynany act policy, he of: insured claimant. (i) the Amount of insurance stated In Schedule A;or, The Company shall be subrogated to and be entitled to all rights and remedies (ii) the difference between the value of the insured estate or which the insured claimant would have had against any person or property in Interest as insured and the value of the Insured estate or Interest subject to the respect to the claim had this policy not been issued. If requested by the Company, defect,lien or encumbrance insured against by this policy. the Insured claimant shall transfer to the Company all rights and remedies against (b) In the event the Amount of insurance stated in Schedule A at the Date of any person or property necessary in order to perfect this right of subrogation.The Policy is less than 80 percent of the value of the insured estate or interest or the full insured claimant shall permit the Company to sue,compromise or settle in the name consideration paid for the land, whichever is less,or if subsequent to the bate of of the insured claimant and to use the name of the insured claimant In any Policy an improvement is erected on the land which increases the value of the transaction or litigation involving these rights or remedies. insured estate or interest by at least 20 percent over the Amount of Insurance stated If a payment on account of a claim does not fully cover the loss of the insured In Schedule A,then this Policy is subject to the following: claimant, the Company shall be subrogated to these rights and remedies in the Q) where no subsequent improvement has been made,as to any proportion which the Companys payment bears to the whole amount of the loss. partial loss,the Company shall only pay the loss pro rata in the proportion that If loss should result from any act of the insured claimant as stated above,that the amount of insurance at Date of Policy bears to the total value of the act shall not void this policy,but the Company,in that event,shall be required to pay insured estate or interest at Date of Policy; or only that part of any fosses insured against by this policy which shall exceed the (ii) where a subsequent improvement has been made, as to any amount, if any, lost to the Company by reason of the Impairment by the insured partial loss,the Company shall only pay the loss pro rata in the proportion that claimant b)ofTee Company's siRightssA Against Non-insured Obligors. 120 percent of the Amount of insurance stated in Schedule A bears to the sum The Company's right of subrogation against non-insured obligors shall exist of the Amount of Insurance stated in Schedule A and the amount expended for and shall include, without limitation, the rights of the insured to indemnities, the improvement. guaranties, other policies of insurance or bonds, notwithstanding any terms or The provisions of this paragraph shall not apply to costs, attorneys'fees and conditions contained In those instruments which provide for subrogation rights by expenses for which the Company is liable under this policy,and shall only apply to reason of this policy. that portion of any loss which exceeds,in the aggregate,10 perce nt of the Amount of Insurance stated in Schedule A. 14. ARBITRATION, (c) The Company will pay only those costs, attorneys'fees and expenses Unless prohibited by applicable law, either the Company or the insured may incurred in accordance with Section 4 of these Conditions and Stipulations. demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may Include,but are not limited to, any 8. APPORTIONMENT. controversy or claim between the Company and the insured arising out of or relating if the land described in Schedule A consists of two or more parcels which are to this policy, any service of the Company in connection with its issuance or the not used as a single site, and a loss is established affecting one or more of the breach of a policy provision or other obligation. All arbitrable matters when the parcels but not all,the loss shall be computed and settled on a pro rata basis as if Amount of insurance is$1,000,000 or less shall be arbitrated at the option of either the amount of insurance under this policy was divided pro rata as to the value on the Company or the insured. All arbitrable matters when the Amount of Insurance Is Date of Policy of each separate parcel to the whole,exclusive of any improvements in excess of $1,000,000 shall be arbitrated only when agreed to by both the made subsequent to Date of Policy,unless a liability or value has otherwise been Company and the insured.Arbitration pursuant to this policy and under the Rules In agreed upon as to each parcel by the Company and the insured at the time of the effect on the date the demand for arbitration is made or,at the option of the insured, issuance of this policy and shown by an express statement or by an endorsement the Rules in effect at Date of Policy shall be binding upon the parties.The award attached to this policy. may include attorneys'fees only if the laws of the state in which the land is located permit a court to award attorneys'fees to a prevailing party.Judgment upon the 9. LIMITATION OF LIABILITY. award rendered by the Arbitrator(s)may be entered in any court having jurisdiction (a) it the Company establishes the title,or removes the alleged defect,lien thereof. or encumbrance,or cures the lack of a right of access to or from the land,or cures The law of the situs of the land shall apply to an arbitration under the Title the claim of unmarketability of title,all as Insured,in a reasonably diligent manner insurance Arbitration Rules. by any method,including litigation and the completion of any appeals therefrom, it A copy of the Rules may be obtained from the Company upon request. shall have fully performed its obligations with respect to that matter and shall not be 15 LIABILITY LIMITED TO THIS POLICY;POLICY ENTIRE CONTRACT. liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with (a) This policy together with all endorsements,ff any,attached hereto by the the Company's consent,the Company shall have no liability for loss or damage until Company is the entire policy and contract between the insured and the Company. there has been a final determination by a court of competent jurisdiction, and In interpreting any provision of this policy,this policy shall be construed as a whole. disposition of all appeals therefrom,adverse to the title as insured. (b) Any claim of loss or damage,whether or not based on negligence, and (c) The Company shall not be liable for loss or damage to any insured for which arises out of the status of the title to the estate or interest covered hereby or liability voluntarily assumed by the insured in settling any claim or suit without the by any action asserting such claim,shall be restricted to this policy. prior written consent of the Company. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President,a Vice 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF President,the Secretary,an Assistant Secretary,or validating officer or authorized LIABILITY. signatory of the Company. All payments under this policy, except payments made for costs, attomeys' fees and expenses,shall reduce the amount of the insurance pro tanto. 16. SEVERABILITY. In the event any provision of the policy Is held invalid or unenforceable under 11. LIABILITY NONCUMULATIVE. applicable law,the policy shall be deemed not to include that provision and all other It Is expressly understood that the amount of insurance under this policy shall provisions shall remaln In full force and effect. be reduced by any amount the Company may pay under any policy insuring a 17 NOTICES,WHERE SENT. mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured All notices required to be given the Company and any statement in writing and which is a charge or lien on the estate or interest described or referred to in required to be furnished the Company shall include the number of this policy Schedule A,and the amount so paid shall be deemed a payment under this policy and shall be addressed to: Consumer Affairs Department, P.O. Box 27567, to the insured owner. Richmond,Virginia 23261-7567. 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed,in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. OWNER'S POLICY OF TITLE INSURANCE THANK YOU. American Land Title Association (10117192) Title insurance provides for the protection of your real estate investment We suggest you keep this policy in a safe place where it can be readily available for future reference. If you have questions about title insurance or the Issued by coverage provided by this policy, contact the Lawyers Title office that issued this policy, or you may call or write: Insurance Corporation Lawyers Title Insurance Corporation Consumer Affairs P.O.Box 27567 - Richmond,Virginia 23261-7567 PITKIN COUNTY TITLE, INC. telephone,flan free: 446-7086 web: www.landam.com om 601. E.HOPKINS,THIRD FLOOR ASPEN,CO 81611 We thank you for choosing to do business with 1-970-925-1766 Lawyers Title insurance Corporation, and look forward to meeting your future title insurance needs. Lawyers Title Insurance Corporation Lawyers Title Insurance Corporation is a member of the LandAmerica family of title insurance is a member of the LandAmerica family of title insurance underwriters. underwriters. 1 LandAmerica LandAmerica Lawyers Title M Lawyers Title LandAmerica Financial Group,Inc. 5600 Cox Road Glen Allen,Virginia 23060-9266 Form B 1190-74Z www.landam.com PITKIN COUNTY TITLE, INC. 601 E. HOPKINS,3rd Floor ASPEN, COLORADO 8'9611 970-925-1766 1 970-925-5527 FAX February 8,2006 NATASHA SAYPOL 1620 PLATTE STREET,APT.325 DENVER, CO 80202 ATTN: RE: UNIT 4, RFD ONION -- PC1-20[94k4 Pitkin County Title, Ina is pleased to provide you with the owners policy along with the following endorsements retativo to the above mentionod file; Endorsement Form Endorsement Forrn Endorsement Form Endorsement Form Endorsement Form Endorsement Form Please review tyro policy in its entirety: We at Pitkin County Title, Inc believe in providing you,out customer,with a quality product which will serve your needs. In tho event you do find a discrepancy.or if you have any questions or comments regarding your final policy,please contact us and we will gladly handle,any request you rnfay have as efficiently and quickly as possible, We have assigned the above number to your words to assure prompt processing of future title orders involving the property. If you sell or obtain ra loan on this property within 5 years,task your broker or agent to contrict our office to ensure re-issue rates which may be available to you, Thank you very much for giving Pitkin County'title, Inc.. the opportunity to serve you. Sincerely, Vincent.l-l-licgens President Vh Enclosures; i J 3ti�fl�,;,3�t^tr;'�: il. =!•N.J't r;S=LE^ w OWNEWS POLICY OF TITLE INSURANCE 1 Mied hyLawyers Title Insurance Corporation POLICY NUMBER LandArnerica awyets 71tto Insumni; (,wpomflon is s itir intx4i of It's IV75-ZO89720 Lawye1_01idAmericl,fanely of tjUi,jr1,-,urant-,o undem7itels rs Title COVERAGE SIJRJFirTT0 TI IC- L�xC3LUSION_-, 1=140M cove AGE,THE ExCEP VIONS FROM GOVE, .E CONTAINED IN 801-11FD1.11-C B AND THE CONDI-TIONS AND 3TIpULAI IONS,LAWYERS TITLE INSURANCE 100HPORAMON,a Nebraska corporation,herein called the Company. inwfefi, as of irate of Policy shown in Schedule A, agoilisi loss or damage, riot excoodlng the:Amount of Illo0rance stated ill Schadt&3 A. su-Itained or incurred by the insured by reason of, 1, Tine tO the estate or interest dt:ecrilied in Sdiedulq A being ve&hod other then as:+Toted therein; 2 Any defect In or lien or encurrlbrancr.�on the 111k 3. urtmarl(etabIlity of the.title; 4 Lark of a right of accesn to and from tho land The Company will also pay the costs,attorneys'leas and expenses incurred in defense of the title,a:Insured,but Only to The extent provided in thin,Gondtillons and-Stipulations It4 WITNE!$5 wFIEREOP.LAWYERS TITLE INSURANOF CORPORATION has caused Its corporate narrin and-W-4 to he hereunto offixod by licy to becornovalid when cour)tcr3lgried hyarl authorized affic(411 Or anent of th(,comparly its duty 8UtJ)t)ri7rd offioers,lho 110 LAWYERS TITLE INSURANCE CORPORATION ......... Alto= SEAT-Ji4i By; "Iewy s,I F-XCLUSIONS pRom covERAGE The fallowlhg nialffel'S are expressly excluded Lom tho coverage of this policy and the Gompnny will not Pay 1065 Of d8lllrlgc.costs,attorneys' fees or experl$(js which onsc.by 1,e9sort of, r governmental requiation (including but not firnitod to building ixod zoning laws, nrd1narl"!S. Of f0gulakns) Any law, oi-dinanco a a hn dimtmsionS or robiricting, nogujnfing, prohibiting Or rotating to (� the a.m.i1pancy,usa, ol e ,nioymerrj of tirie I nd� (u)tile c ,V." Of location of Orly improvorriont now or hereafter oroctod oil the land;(Ili)a Separation In ovattlisbip of a otiange in the dIrrk0fLslOn I or(w)environmental jlr�otec:110f),or the effect of any vifllAtiOrl of those arce,of the land or any parcel of which the land is or vas a pan, dated,lip I he extent that a notice all 1110 ontnrr�enrenl.lhoroof or a notice of a dl3tu r laws,ordinanceo or govornmenial regiiationS,0 c Pt 10 1 resulting. froy,a violation or at[oq iffocting thr.,land has been recorded In thu public records at Dart-of Or,,incumbranco, ' act violation Policy. (1)) Arty governmeitt-11 P-4-:f.Power not.Oxcludocf by(a)ribove,qxcrpt to the oxtQnT that a nollco of tile exey�;js,�thoroof or a.nolim-of from j)violation or n1lege(f vlolaiion affecting the land has bepr)record(id in thn public records at defet,.t,lion or encunibranco resultini Date of Policy jt1aen fecordeff In jh4o Public rccardz�at Datc at Policy,but riot ex(iuding -rcisp ficy which would he binding on the rights Of 3 p0rel)aser for value without I:Uqhj�q of eminent domain unless notico at tho tlxf, ,thereof he frc)lll vo%ferago any joking which has occurred prior to Date of PO knowludge.. Defects,11prls,oricuinbrances.n4jvcrto claims or other illftttcfr,: ,I mer[or rigreed to by the insured cirlitrIdAt: (Fq created,suffered,3S: - and not disclosed recorded In tho public ax.-ords at Data at policy,but known to Itte iligtifed claimant(b) not known to 111k)Goryipany,not i dRimant prior To ilic date tho,insured cl�lilljLlnt becanno an insured under this policy: ill writing to the Company by lhe insured (c,) yosuljsnf)in no loss or dnirnago to the insured cluirnant; or (d) attaching or created subsequent to Dille 01 Policy, r, Claimant had paid value for the estate or interest (e) resulting in.MG or damage which would not havo been -aistained If tho illsurd insured by Ill Ili P011GY. operation Insured claim which atis�- out of tile transaction Vesting In the Ins (I the o�,tata or interest insured by IN Policy,by reason of the OP 4. Any Ir1wq,that Is based on: 01'41 bankutpicy.stato insolvency,or crod(lors'rights veyanl6t)or fraudulent ttanSIVI Of Of fed i leri a fraudulent con, Ailing the estate or interest insured by thit-,pofty being deur, (f)the preferential (a) the tralisarlion cic . led a proferent'lal trahMer OKOOPt Whe (b) the transaction cioatin*q Ina estate or iniciest inourod by this,policy being door transfer resuI14 from the falturci! rd the in,.trUment of tra�iisfer,Or (1) 10 limely record r value or a judomoril or lien croditor. q of such recordation to impart notice to Q:l purr'j"Ager to 0 NM 1 PA 10 VaIll Only if$chedifl&a A and B are Aflacbed ALTA Owner's flobry(1011719?) ORIGINAL Form 11 90-74Z i RECORDING RI3Q11ESTW BY: WHEN RECORDED Rn, URN TO: Natasha Saypol Denver,Cal rado 020225 111 oilIIN111111 p 2654 0 _a 101i K VO$Cm1DIL Prt' ! 0 81 l P11-KIN COUNTY CO R & 08 0 �A9_'JA IIARK;AlN Ai 11 SALE IIEFJI THIS DEED,elYeetivc as of the l4`s day of•Iuly,2006,botween PTTKIN EXCHANGE HOLDINGS ONE LLC,a Colorado limited liability company,whose 1a811 address is:0a Joy S.Iligens,601 bast Hopkins Avenue,3rd Floor, Aspen,Colorado 81611,GRANTOR,end AP RT 29,LLC,a Maryland limited liability company,whose legal address is: clo Garfield&Ilecht PC,601 P.astFlynian Avenuc,Aspen,Colorado 81611,GR11NTEI WI INL'SSIa fl I,Tltat tlic grantor sells and conveys to grantee,its heirs and assigns f6tever,all the real property together with all its aippurtenar ct:s,situate told lying�being in tho Coamty of PITKIN.State of COLORADO,described its follows: UNII 4, KE17 ONION CONI?OMINIUMS,according to the Condomit;iuln MAP rccsorded in Plat Boole 15 at Pages 94-9.7 and &s defined and described in the Condomitliuin Declaration recorded March 14, 1984 in Book 462 at Pago 980. TpGETI-IER WITH any applicnillo Limited Common Liements and an undivided 33.51% intorest in the Common Elernunts And as defined in 1110 aforesaid Condominium Declaration. IN WI7NrSs WHEREOF the grantor has executed this deed. ATKIN EXCHANGE H0I,i)INGS ONC LL.(.,a Colorado limited linhility W nPa iy Fay: Pi 'KIN E3(�'L"*Nl 11,1NC.,a Colorado corporation,Man<<i er t3y: Joy S..lligen. president S'fA7T OF C WRADO } ' ss CO[fN'1'y OF PI'IKIN ) The foregoing instruroait was aeknowledged botbrc me tlli9 J—%y of Inly,2006,by joy S.Iligens,President oi' The for L•XCHANGC,INC.,m Colorado corparatioti,Malinger of PITKJN L'•'XCHANGI;Ht�l;Utr1GS ONE LLC,a Colorado limited liability cornPany- WrrNF,BS my hand and official steal —;1 � '~ S'oblic My conaniission expires: �p�PRY.pUg��V man I Wilily p�blla Brandt L.JeP 1113$07126MON BRANDI L. I,ty Cornrn st31 Ef Rkl •EPSON ; As¢dn CO 81611 Op C i t i RNCO1tDED TO SHOW REAL UTATS CITY OF ABFW TRANSFER TAX EXEWPTION STAMPS ExEgPT PROM mm C('1'Y OF ASFEN IIA�E REP. Id()• EXEMPT FROM IH " �u- .�5 Sg DA'!'E!! F la0. RECORDING RC(,)UESTES)BY: t7 't r— �a�10 J `i WjjCN RECORDED RETM TO: N�0 Plano St oe[,Al,t.325 1111 � � � � [ P°5,26b54 f I :ea Denver ,Colorado B(Y'02 JRNICL K Voss CAUDr,.L PtrKIN co[m„y c0 R b.00 0 449 50 BARGAINANJ)SALT DEEP THIS DE$D,cffouivc as of the 14� day of July,2006,bet wten plrr CIN EXCII.ANG'F,HOI.DINt;S ONF,I.LC,a C;olarndo limited liahility company,whose legal address is:c/o Joy S.Higons,601 Fwt Hopkins Avtoue,3rd rlaar, Aspotr,Colorado 81511,GRANTOR,and AP RT 19,LLC,a Maryland limited liability company.Whosc legal nddmss is: Uo ryor6eld&IicehtPC,601 East Hyman A eflUt,Aspen,Culoradu 81611,G'R kNIT:1 WITNESS;✓III, "r'hsxt the grarrtor sells and conveys to igatttce,its heirs and as3igns forever,all the rent property to(�ctlter witlt all its appurtenances,situate and lying and boing in the C'.ottnty 0CP11-1(IN,State of C(JI..O ADO,describrd as follows: UNIT 4, K)D ONION CONT)UIvTQ�Ilt7MS,according to the.Condominium Map recorded in fiat hook 15 at ngcS 94-97 and as dcf5acd and described in the Condominium 1.)eclaralion rtcorded MArch 14, 1984 in Souk 462 at Page:980, 1"OGL�l31:R WFIC1 any appliesble Limited Commove Flemctrts and an undivided 33.51"'/o interact in i e i Cr,mmon Elements and as defined in tha aforesaid(01,dominiutn Doclaratiorl. IN WITNESS WHERLOP Of,grantor has executed this decd.. I'ITK.,N Is?(.,HANC,EliOLDINCYS ON'F.LLC,aColorudo li,nited liability company I3y: PITKIN EXCTIANC�C,iA1C-,a Colorado corporation,Manager By:_ (9 loy S.Higen� pfesldcnt r 527756 STATE OF(% I„OKADO )91 � P:0 :/1 10;255 JIML k V05 CAUDILL Pt'rK]N C01W7 [.`O R 9 00 - D 0.0.0 1• COUNTY OF PITKIN P ��du of Ju) 2006,by Joy S..liigcnt,Presidcutof Tim foregoing;nctnsment war acknowledged before me this y y• Tim fiI�1 EXCHANGE,INC,,a C olorado cc?rpor.{tion,Manager of pl7 K.1N r,CC'HANGr HOLDTNGS 0 L i.T.C,a Colorado limited liability cornpuny W1r'NESC my hn11d and offcial seal y Public /// My commission expires: public grandj L. fePson i expire, 0712W2009 BRAND!l My Commission Exl, JEPSON 60j F t•toPklns ,Aspen CO 51611 f i t l __ �l•il t?I� r.'".•:��t-1 �rx;i� C,t:t 0-1::i SCHEDULE A-OWNER'S POLICY CAST=NUMBER DATE OF POLICY AMOUNT OF INSURANCE"- POLICY NUMBER PCT20194LA .July 17,)006 @ 2.:59 PM $14,495,000.00 A75-ZG89720 1 NAME OF INSURED. AP RT 29, LL0,A MARYLAND LIMITED LIABILITY COMPANY 2.. f-HE ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS: IN FF-E SIMPLE 3. 1 HE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN; AP RT 29, LLC,A MARYLAND LIMITED LIABIL.I fY COMPANY 4. THE LAND REFERRED TO IN THIS POLICY.IS SITUATED IN THE COUNTY OF PITKIN.STATE Of COLORADO AND IS 17ESCRtl3ED AS FOLLOWS. UNIT4. RED ONION CONDOMINIUMS,according to the Conaorninium Map recorded in Plat Book 15 at Pages 94-97 and as dofinod and described in tho Condominium Dcclaration recorded March 14, 1084 in Book 462 at Rage 984. TOGETHER WITH any applicoble Limited Common Elements and and undivided 33.51%interest in the Common Lternents and as defined in the aforesaid Condominium Declaration. m Countersigned: Authorized officer or agent Pf FK1N COUNT Y 1-111 F,INC_ I G01 4.HOPKIN$AVE_ ASPEN.COLORADO 81811 (9701 9?_S-'176[x((!Till-J.6 6527 FAX TI IF.PC71 ICY NUMnFR HOWN ON THIS SCHEDULE MUS1 AGI�FF WITI 1 TI9L I'AEP[Z1NTED NUNir3£IT ON THE COVER SI IC�T, S2 6e—.,c i U 1 = 1 1.IM."60 .1-1c1-1 9 SCHEDULE 1113-OWNERS CASE NUMBER DATE Of=POLICY POLICY NUMBER POT201941-4 July 17,2006 @ 2;59 PM A75-L089720 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: t, Rights or claims of parties in possession not shown by the public records. 2. E=asements,or claims of easements, not shown by the public records. 3 Discrepancies,conflicts In boundary lines,shortage in area,encroachments, any facts which a correct survoy and inspection of the premises would disclose and which are 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, Water rights,claims or title to water_ G. 'faxes for the year 2006 not yet due or payable. 7. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59 at Page 193, 240 and 328 providing as follows; "That no title shall be hereby acquired to any mine of gold,:liver,Cinnabar or copper or to any valid mining clairn or possession held under existing laws".. 8.. Reservation of all ores and mineral bearing rock, anri so much of the said lot beneath its surface as may be necessary for reining purposes as set forth In Dand recorded June 16,1891 in Book 03 at Page 1G7. 9.. Easement and right of way for Party Wall as set forth in instrument recorded August 22, 1956 in Book 174 at Page 445.. 10. Terms,conditions,provisions and obligations as set forth in Notice of Historic Designation recorded January 13, 1975 in Book 296 at Page 515 1 t. Terms, conditions, provisions and obligations as set iorili in Covenant recorded February 16,1984 in Book 461 at Page 192 12, Perms,conditions, provisions,obligations,easements,restrictions and assessments as set forth in the Condominium Declaration for Ned Onion Condominiums recorded March'14, 19 84 in Dook 462 at Pago OaO,and First Amendment thereto recorded November 17, 1998 as Reception No,424568, deleting therefrom any restrictions indicating preference, limitation or discrirnination based on rairO,color, religion,Sex,handicap,familial status or.national origin. 13. Easements, rights of way and all matters as disclosed on Plat of subject property recorded in Plat book 11 at Page 15 and flat book '15 at Pago 94, 14. Terms,conditions. provisions.obligations and all matters as set forth in the Articles of Incorporation of(fed Onion Condominium Association recorded March 14, 1987 in Book 4613 at page 18: (Continued) •d POLICY NO. A75-2069720 CASE NO. PC120194-L4 SCHEDULE B-OWNERS —EXCEPTION S-•CONTINUED-- 15. Dood of Trust from :Pitkin Exchange Holdings One, LLC,Andrew V,Hecht,Nikos J Hecht and Ronald Garfield To the Public-Frustee of the County of PITKIN For ti'ae use of :U.S.BANK NATIONAL ASSOCIATION Original Amount :$3,200,000.00 Dated :March 30, 2006 Recorded :March 31. 2006 Reception No. :522460 EXCEPTIONS NUMBERED 1,2,3 AND a ARE I IEREBY DELETED I, m.. i J 0001 RECEPTION#: 593975, 11/15/2012 at Attachment 13 10:21:44 AM, 1 OF 4, R $26.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) GRANTING MAJOR DEVELOPMENT (CONCEPTUAL), COMMERCIAL DESIGN STANDARD REVIEW (CONCEPTUAL), DEMOLITION, AND VIEWPLANE FOR THE PROPERTY LOCATED AT 422 EAST COOPER AVENUE RED ONION CONDOS, UNIT 1, LOTS N, O,P, BLOCK 89, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION #26, SERIES OF 2012 PARCEL ID: 2737-182-16-061. WHEREAS, the applicant, Red Onion Investors, LLC, represented by Stan Clauson Associates, Inc., has-requested Major Development (Conceptual), Conceptual Commercial Design Standard Review, Demolition, and Viewplane Reviews the property located at 422 East Cooper Avenue, Red Onion Condos, Unit 1, Lots N, O, P, Block 89, City and Townsite of Aspen, Colorado; and WHEREAS, 422 East Cooper Avenue is located within the Commercial Core Historic District and is located on a designated historic parcel; and WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or district until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review;" and WHEREAS, for Conceptual Major Development Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.D.3.b.2 and 3 of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, for Conceptual Commercial Design Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen Commercial, Lodging and Historic District Design Objectives and Guidelines per Section 26.412.040.A.2, Commercial Design Standards Review Procedure, of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, in order to authorize a Demolition, according to Section 26.415.080, Demolition of designated historic properties, it must be demonstrated that the application meets any one of the following criteria: 422 East Cooper Avenue HPC Resolution# 26, Series of 2012 Page 1 of 4 a. The property has been determined by the city to be an imminent hazard to public safety and the owner/applicant is unable to make the needed repairs in a timely- manner, b. The structure is not structurally sound despite evidence of the owner's efforts to properly maintain the structure, C. The structure cannot practically be moved to another appropriate location in Aspen, or d. No documentation exists to support or demonstrate that the property has historic, architectural, archaeological, engineering or cultural significance, and Additionally, for approval to demolish, all of the following criteria must be met: a. The structure does not contribute to the significance of the parcel or historic district in which it is located, and b. The loss of the building, structure or object would not adversely affect the integrity of the historic district or its historic, architectural or aesthetic relationship to adjacent designated properties and C. Demolition of the structure will be inconsequential to the historic preservation needs of the area; and WHEREAS, pursuant to 26.435.050.C., Mountain Viewplane Review Standards, of the Land Use Code, no development shall be permitted within a mountain view plane unless the Planning and Zoning Commission or the Historic Preservation Commission makes a determination that the proposed development complies with all requirements set forth below. 1. No mountain view plane is infringed upon, except as provided below. When any mountain view plane projects at such an angle so as to reduce the maximum allowable building height otherwise provided for in this Title, development shall proceed according to the provisions of Chapter 26.445 as a Planned Unit Development so as to provide for maximum flexibility in building design with special consideration to bulk and height, open space and pedestrian space and similarly to permit variations in lot area, lot width, yard and building height requirements and view plane height limitations. The Planning and Zoning Commission, after considering a recommendation from the Community Development Department, may exempt a development from being processed as a Planned Unit Development when the Planning and Zoning Commission determines that the proposed development has a minimal effect on the view plane. When any proposed development infringes upon a designated view plane, but is located in front of another development which already blocks the same view plane, the Planning and Zoning Commission shall consider whether or not the proposed development will further infringe upon the view plane and the likelihood that redevelopment of the adjacent structure will occur to re- open the view plane. In the event the proposed development does not further infringe upon the view plane and re-redevelopment to reopen the view plane cannot be anticipated, the Planning 422 East Cooper Avenue HPC Resolution# 26, Series of 2012 Page 2 of 4 and Zoning Commission shall exempt the development from the requirements of this Section; and WHEREAS,during the September 12, 2012 meeting the applicant demonstrated compliance with Land Use Code Section 26.304.035 Neighborhood Outreach; and WHEREAS, Sara Adams, in her staff report to HPC dated September 12, 2012 performed an analysis of the application based on the standards, found that the review standards had been met, and recommended approval with conditions; and WHEREAS, at their regular meeting on October 24, 2012 continued from September 12, 2012 and September 19, 2012, the Historic Preservation Commission considered the application during a duly noticed public hearing, the staff memo and public comments, and found the proposal consistent with the review standards and recommended approval with conditions by a vote of four—one (4 - 1). NOW, THEREFORE, BE IT RESOLVED: That HPC hereby grants HPC Major Development (Conceptual), Conceptual Commercial Design Standard Review, Demolition, and Viewplane Review for the property located at 422 East Cooper Avenue, Red Onion Condos, Unit 1, Lots N, O, P, Block 89, City and Townsite of Aspen, Colorado with the following conditions: 1. Demolition of the building located at 422 E. Cooper Street and retaining the front facade is approved with the condition that a structural assessment of the front facade be submitted with the Final Review application. 2. The mass and scale is approved as presented in the application. 3. A maximum of 38 feet is approved as presented in the application, with Land Use Code height exemptions for elevator overrun and mechanical equipment as stated in Section 26.575.020.F(4)Allowed Exemptions to Height Limitations. 4. A mechanical plan and elevations shall be submitted with the Final Review application. 5. Off-site public amenity improvements to the Pedestrian Malls is approved in accordance with Land Use Code Section 26.575.030.C(2) Off-site provision of public amenity and is subject to review and approval by the Parks Department. The improvements shall equal or exceed the value of the cash in lieu payment of$67,500. 6. The proposal is determined to have a minimal impact on the viewplane due to the existing development that already blocks the viewplane and is hereby exempt from being processed as a PUD in accordance with Section 26.435.050.C.1. Any mechanical equipment placed within the viewplane shall comply with Section 26.435.050, which may require a new viewplane review. 7. A development application for a Final Development Plan shall be submitted within one (1) year of the date of approval of a Conceptual Development Plan. Failure to file such an application within this time period shall render null and void the approval of the Conceptual Development Plan. The Historic Preservation Commission may, at its sole discretion and for good cause shown, grant a one-time extension of the expiration date for 422 East Cooper Avenue HPC Resolution# 26, Series of 2012 Page 3 of 4 a Conceptual Development Plan approval for up to six (6) months provided a written request for extension is received no less than thirty (30) days prior to the expiration date. Jay ayt,n,Vice- Ch it Approv as to Form: Debbie Quinn, Assistant City Attorney ATTEST: A6��- Kathy Stricl4and, Chief Deputy Clerk 422 East Cooper Avenue HPC Resolution# 26, Series of 2012 Page 4 of 4 O s O m a 300K 425 PAGE M Q,. ce) RECORD OF PROCEEDINGS 100 Leaves R7' ° ORDINANCE NO. �J ob -' e� (Series of 1982) AN ORDINANCE ACCORDING TO SECTION 24-9.7 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN FOR DESIGNATION OF HISTORIC STRUCTURES WHICH ARE LISTED IN TSE 'INVENTORY OF HISTORIC SITES AND STRUCTURES FOR THE CITY OF' ASPEN, COLORADO WHEREAS, the Historic Preservation Committee has recommended to the City Council that certain structures be designated historic and a suffix of "H" be attached to the zoning of these properties and the real estate records; and WHEREAS, the buildings under consideration in this ordinance are all parts of currently designated Historic Districts; and WHEREAS, the Code allows certain incentives for buildings which have.-individual historic designations; and WHEREAS, these structures are listed in the 1980 Inventory of Historic Sites and Structures for the City of Aspen, Colorado; and WHEREAS, the owners of these properties have requested desig- nation through written replies to the Planning Office; and WHEREAS, the Historic Preservation Committee has reviewed these sites and/or structures based on the guidelines and scan-- dards'in Section 24-9.3 of the Aspen Municipal Code and found them to be worthy of historic designation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the following list of sites and/or structures at these addresses be granted historic designation and the suffix of "H" be attached to their zoning and real estate records: 330 East Main (Jerome Hotel) 501 East Cooper (Independence Building) 420 East Cooper (Red Onion) 533 East Main (St. Mary's Church) 204 South Mill (Aspen Supply) 413 East Hyman (Uncle Willy's) 332 West Main 426 East Hyman (Sport Stalker) X 425 e,4405 RECORD OF PROCEEDINGS 100 Leaves M g G OCOtR d 0.6 L(A Section 2 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 3 A public hearing on the ordinance shall be held on the!� day of 1982, in the City Council Chambers, Aspen City Hall, Aspen, Colorado, 15 days prior to which hearing notice of the same shall be published once in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of'the City of Aspen on the 9 day of 1982. e nan Edel, Mayor ATTEST: " ,Kathr;4 n ,�. och. City Clerk YIN ALLI* adopted, passed and approved on the ay of 1982. t �4 Herman Edel, Mayor WTEST: t dch, City Cler 2 425 ma,906 ' RECORD OF PROCEEDINGS 100 Leaves Tees Y C,.NOFLKKI,t. .O l..C0. STATE OF COLOPADO ) CFRTSFI CAT E } ss COUNTY OF PITKIN ) Kathryn S. Koch, City Clerk of Aspen, Colorado, . } do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on reading at a regular meeting of the Cityouncil of the City of Aspen on � 19 and published in the ?aspen limes a. weekly newspaper o` general circul- ation, published in the City of Aspen,yColorado, in its issue of /`< - L J �(_ _ 1qe�' and was finally adopted and &pn,-ccved at a regular raeex.ing of the City Council or. 19 47,x/, an' ordered published as Ordinance No. . Series of 190 of s%'td City, as pYovided by law. I WIT?,:E7s 'k7xjErEo:, T iza�e nreu.rt� Set ^.x i'.e:u aa'nc the seal of said city of 3'.spen, Colorado, this Cory of 19 I .Ka ^rn S 7,7 c h, City c1ar3 �:;; ,ekVF,e.. J 17�p13E .^j7, Clerk , CITIZEN PARTICIPATION 1: Ellen Stapenhorst,-appearing on behalf o£ the pitkin County Campaign for Nuclear �. Weapons Freeze, presented a resolution for Council to' look at: - This resolution states that the City Council endorses a mutual freeze on further construction, testing and deployment of nuclear weapons by both the United States and Soviet Union. " Ms. Stapenhorst i told Council the,Commissioners approved this resolution two weeks ago. This is a growing movement across the country.. The time has come to call a halt to building nuclear weapons Should the Council adopt this it will go on record as one of the many organizations that have endorsed this. Councilman Collins moved to add this to the agenda; .seconded by Councilwoman Michael.. All in favor, motion carried. Maxwell Aley presented a list of 63 national and international organizations that have endorsed this resolution. Aley' told Council the City of Boiilder held .a referendum and I the populous voted 68 per cent in favor of'this. Members of the House of Representatives and six U. S. Senators have endorsed this. Wednesday March 10 Senators Hatfield and Kennedy will jointly sponsor a resolution.in the Senate. Aley asked' Council to individual y communicate their feelings with Senators Hart and Armstrong.. What this movements is askin is eventually the U. S. President propose to'the Soviets a mutual halt. This halt is verifiable by satellites and sesmic sensing devices. Aley-told Council there is an arms agreement between the U. S. and Soviet Union; in the past ten years there have been no violations of that agreement. Ten days ago Breshnev made a statement that sounded. positive toward -this kind of thing. There was a' national: poll in June 1981 indicating an overwhelming support by the American people for a nuclear freeze. Locally, there will be two movies for support of the movement. There are activities for support all across the country. In New York in June the -United Nations will be.meeting on.disarmament and there will be rallies there: Aley said he is convinced this campaign will win and urged Council's support for this resolution. If Council -passes this, it will be forwarded to the Colorado campaign headquarters. Councilwoman Michael moved to approve the nuclear arms freeze resolution proposed by the Pitkin County Freeze Campaign;,seconded by Councilman Collins. City Attorney suggested this be put •in the standard city resolution form. Councilwoman Michael amended her motion to be subject to Taddune's reworking the resolution in the city's normal form. i Councilman Parry said the text of the third paragraph is completely fictitious and hard l to justify. Aley said the budget decisions the U. S. government is facing today are 4 ! typically ,4ggravated by expansion of military spending. These deficits are causing high interest rates because the government is competing for the money. Councilman Collins l,+ said he would like to see the third paragraph toned.down, changing "seriously damaging the-.domestic economy" to "seriously affecting the domestic economy". .Councilmembers Knecht, Collins, parry and Mayor Edel would.go with "affecting"; Councilwoman Michael opposed. Councilman Parry proposed a "slow down" rather than depression. agreed to by Couneilmembers Collins and Knecht. Councilwoman Michael and Mayor Edel were for depressio . All in favor as amended. Motion carried. I j Aley presented'a petition for Councilmembers to Sign individually; this will be forwarded to Congress. COUNCILMEMBER COMMENTS I 1. Councilman Knecht said the street cleaners are out. Councilman'Knecht said he would � approeciate anything to keep up the street cleaning. The gutters look like the devil. He is pleased the program is starting: 2_ -Councilman Knecht asked when'the Council is going to start the legislative agenda issues. City Manager Chapman told Council he is meeting with department directors; he has asked the department directors to bring up items for the .legislative agenda. Chapman will then meet in person to go.over these and bring them to Council. 3. Mayor Edel said an item was left'off the agendas changing the street name from Short street to Fred Lane. Councilman Knecht moved to add.this to the agenda; seconded by Councilman Collins. All in favor, motion.carried. ORDINANCE #7; SERIES OF 1982 - Historic Designation of "Exceptional" and "Excellent" structure whose owners do—not support designation. Mayor Edel opened the public Bearing. Colette Panne, planning office, told Council this i the ordinance where property owners either have not responded to the inquiry or.have indicated they do not wish their properties designated historic. Ms. Panne sent all the { property owner's a letter explaining the first reading and that the public hearing.and final adoption would be at this meeting. - Ms. Panne told Council she had contact with three i of them asking questions. Mayor Edel asked for detail of any restrictions or what this ordinance dictates these 'structures will be subject to. Ms. Panne told Council they will I be subject to review by the HPC if they .do any major work on the exterior of 'their houses. Whether- the work is major or minor is determined by Ms. Panne and the chairman of the HPC. ! t Councilman Parry asked if anything is resolved abcut colors and the HPC. Ms. Penne said t the HPC will have a work session on their guidelines and criteria. The HPC then wants to have a joint work session with Council to review the guidelines and see if they are 31 going in the direction Council wants,. The HPC doesn not have color review; they 1nake {I suggest#ons^toitfie.•applicant. c VVi iV uia[,i ivl,. 11a, t01L10 (.Vi4 VVU{1Vii VSlO nC�. i q ioVVylY,>C l{U illy .lV U�' 4V Council; if. the applicant does not like HPC's determination, they may evme to no 1. Mayor Edel opened the public hearing on each structure to be designated separately. 208 East Hopkins - no comment; 201 East.Hyman - no comments 530 West Hallam - no comment; 214 East,Bleeker - no comment; 234 West Francis - no comment) 201 West Francis - no comment. 714 North.Third and 311 Gillespie, Bill Martin, owner of this property, told Council this is three lots with two homes. The Martins have,not been able to modify-these structures or make them accommodatable to a reasonable size family. •The. Martins would like to add I on to the big house; they are not interested in lowering the quality of Victorian aspect. Martin said he does not want to go. through another agency' in order to accomplish what he has planned. Martin said the plans conform to the Victorian aspect of the property. Martin told Council after he. accommodates his'plans, he will be happy to put the house in the historic district. Ms. Penne told Council these two structures are considered-to be excellent Victorian architecture. Ms..' Penne looked at the planned additions. and-said she.did not think there f would be any .problem going through HPC: Sunny Vann, Filanning director,. told Council the idea behind-designation for structures is for their importance to the community and not to dilute the importance. if Council is concerned about the outcome of a structure, they may, designate it historic. Martin explained to Council his remodeling plan. Vann told Council that- two single family structures are a non-conforming use and there may be proble with expansion of a structure. Councilwoman Michael said she will vote no on.some..kind of principle, she supports the historic inventory, but cannot in good conscience approve a historic designation when thw owners do not want it. Al Blomquist, P & Z members, told Council at' the joint public hearing with HPC, it was 'brought out that people do not want their property encumbered. Ms. Penne told Council that designation.now is a protection mechanism so that anything done to the property is reviewed and found to be suitable. Martin stated he did not want to go through another layer of review. Councilwoman Michael suggested deleting Martin's house. Councilman Collins said he would like to see the Council continue with this designation. Councilman Collins said the mechanism is there for all considerations on the part of the owner to have whatever he wishes to do reviewed and appealed. Council- man Collins said he did not see an inordinate time delay with this and would like to go with the ordinance as drafted. Ms. Panne said the process through HPC is very quick and costs no money to the city. .City Attorney Taddune pointed out there is also the right to II judicial review. i i Ms. Penne said these houses are in the best category; they are preserved and retain the character of historic. Martin stated it is wrong.for the city to take his property and pu it in a category to-go through another process because the city is concerned he will screw it up.. Martin said he did not want to destroy his property. Martin thinks it is improper 4 for Council to be doing this. Mayor Edel said the Council tries to make better decisions for the good of the community. Councilman Parry moved that 714 North Third and 311 Gillespie be eliminated from the list; seconded by Councilman Collins: Councilman Parry and Mayor Edel in favor; Councilmembers Michael and Collins opposed. • Motion NOT carried. 714 North Third and 311 Gillespie stay in the ordinance I 525 North Second - no comment; 442 West Bleeker - no comment. Mayor Edel closed the 4 public hearing. Councilman Collins moved to adopt Ordinance $7, Series of 1982; seconded by Councilman 4 Knecht. Roll call vote; Councilmembers Collins, aye; Knecht, aye; Parry, nay; Michael, nay; Mayor Edel,aye, Motion carried. ORDINANCE 0, SERIES OF 1982 m individual Historic designations of structures in the Commercial Core of Main Street Historic Districts. Colette Panne. told Council these are inventoried structures which have requested to be i individually-designatsd, Ms. Penne explained there are provisions in the Code which offer incentives to structures that have been individually designated. Alan Richman, planning f office, told Council P & Z .reviewed one of these structures on a different application and at that time questioned if GMP exception for individually designated.strpetures is a i Pandora's box. Richman said it is appropriate to consider this. P & Z did not review the requests for historic designation because the owners wanted designation. Richman said there are a couple of commercial buildings that could be permitted to expend outside GMP. Richman told Council there are two buildings.on this list that can expand outside the GMP if individually designated. In the Red Onion, there is a question if the.peoperty can be used commercially or residentially. The applicant would use this space commercially and would use the GMP exception. P & Z is concerned about expansion outside the GMP. The Sports Stalker is the second example, and there is reason to believe the space above. the store was used for,residential. Sunny Vann, planning director, told Council these two buildings are in an historic district and are subject to certain criteria. By individually, designating these structures, nothing changes with respect to review criteria. By being i individually designated, these buildings find a way to circumvent the intent to regulate commerical space in the .downtown zone. This exception from GMP was intended as a way ' j to help preserve historical structures. Vann suggested the fact these buildings are in an historical district and will.be preserved, they would not have to be individually designated. . I Vann said these requests are before Council because the property owners asked for it and HPC recommended designation to Council. Gideon Kaufman told Council this exemption from the GMP. was discussed in great detail: and adopted. Kaufman's client,.the Sports Stalker, has decided they no longer have the luxury of allowing the third floor'to be used for storage and employee housings they need to generate income from that space. 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DEVFI.GPMEN7 ,: HOLDING5IN K >$s r INVESTMENT I o CORP G7 �_ � i ?Aspenhof'.be 2;� (( a2 _.430 PLAZA LLC:; 5^8.;:.1 f m E COOPER AVE PARK PLACE ------� CITY OF 40-5 l. ASPEN Paf{fk''' Q2;` qa MEYER GUIDOS ASPEN GROVE 1 BUSINESS SWISS; ; Independ ce ASSOCIATES § ,' I BUILDING LLC INN LLC > Sitlldjng x LLP I a 3; Duranc ? F i e Galena � CITY OF a 4 YSPJ ASPEN s # + I DURANT GALENA"+ 'n Sio i J CONDOS, E DURANT AVE Attachment 16 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Sara Adams,429-2778 DATE: 4.13.12 updated 8.6.13 and updated 10.17.13 PROJECT: 420 East Cooper Street, Unit 1 REPRESENTATIVE: Stan Clauson, Stan Clauson Associates, 925-2323 and Kim Weil of Poss Architecture and Planning,925-5590 DESCRIPTION: The potential applicant is interested in demolishing the existing building, Unit 1 of the Red Onion Condominiums, and constructing a new mixed use building onsite. Unit 1 is currently a poster shop, but was originally built circa 1955 as an addition to the Red Onion to provide family dining for the restaurant. 420 East Cooper Street is a 9,000 square foot parcel that includes a two story 1892 building in the center of the lot with two additions on either side. The entire property is listed on the Aspen Inventory of Historic Landmark.Sites and Structures as both an historic landmark and as a contributing building within the Commercial Core Historic District. The property was condominiumized in 1981 to create 4 units and again in 1984 to create 4 more units fora total of 8 units. The property is subject to demolition and design review by the Historic Preservation Commission (HPC). Commercial Design Standard Review is required and shall be conducted by HPC. Pursuant to the CC zone district, the maximum height for two story elements is 28 ft. and for three story element is 38 ft.,which may be increased to 42 ft.through commercial design review at HPC. The property is located within the Wheeler Opera House viewplane. Evidence that the viewplane is not infringed by the new development is required,or if the new development interrupts the viewplane then an application for a viewplane exemption is required. This is processed by HPC unless a PUD is required,which is reviewed by City Council. UPDATE: On October 24, 2012, HPC granted Conceptual Commercial Design Standard Review and Major Development Review, Demolition, and Viewplane Review via Resolution#26, Series of 2012. Call- up procedures were concluded on November 26, 2012. Neighborhood Outreach was conducted prior to the first HPC public hearing. The new addition includes a new free market residential unit. The building is currently all commercial use. The CC zone district allows a 2:1 FAR for commercial uses and a 0.5:1 FAR for free market residential uses. Free market residential units have a 2,000 sf. net livable area unit size cap,which may be increased to 2,500 sf.net livable by landing a Transferrable Development Right(TDR). As an individual historic landmark the property is eligible to create one free market residential unit that is exempt from affordable housing mitigation requirements and is an administrative review. This benefit is cumulative and includes administrative growth management approvals granted prior to the adoption of the benefit. The building is condominiumized; however the applicant represents that the condominium is going to be vacated. If the condo is vacated prior to submitting the land use application, then Subdivision Review is not required. Please include this information in the land use application. Impact fees are triggered by the addition of new let leasable commercial space and new net livable residential space. These fees are calculated at the time of building permit issuance. Review steps: Step 1: HPC for conceptual commercial design, and major development review, parking, public amenity, viewplane COMPLETED Step 2: HPC for final commercial design and major development review. Relevant Land Use Code Section(s): Land Use Code Section(s) 26.304 Common Development Review Procedures 26.304.035 Neighborhood Outreach 26.412 Commercial Design Review 26.415.070 Certificate of Appropriateness for major development 26.415.080 Demolition of designated historic properties 26.470 Growth Management Quota System (GMQS) 26.470.060.4 Minor Enlargement of an historic landmark for mixed use Development �Lr moo.wAt Pd dAo�•aa o, n argemen of an historic land ) --726.515 Parking 26.575.020 Calculations and Measurements 26.610 Impact Fees 26.710.140 Commercial Core (CC) The Land Use Code is found here: http://www.as Pen Pitki n com/Departments/Community-Development/Planning- and-Zoning/Title-26-Land-Use-Code/ The Commercial, Lodging and Historic District Design Objectives and Guidelines are found here: hftp://www.aspenpitkin.com/Departments/Community-Development/Pianning-and-Zoning/Current-PlanninIl The Land Use application is found here: http://www aspenpitkin com/Departments/Community- Development/Planning-and-Zoning/Applications-and-Fees/ Review by: - Staff for complete application - HPC for Conceptual Approval and Final Approval as described above Public Hearing: Yes, at HPC and P&Z. Neighborhood Outreach: Yes, prior to first public hearing at HPC. COMPLETED Planning Fees: Administrative GMQS—flat fee of$325 Final HPC review does not require an additional deposit. Additional staff time required is billed at$325/hour. Referral Fees: paid at conceptual. Total Deposit: $325 or$3,250 depending on scope of GMQS review. Total Number of Application Copies: 12 for HPC application 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. Existing and proposed elevation drawings and site plan that include proposed dimensional requirements as well as landscaping plan. 10. A 3-D model of the proposal in context of the historic district. 1 reffemt heights and FnassiAg. 12. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. 11. All other materials required pursuant to the specific submittal requirements. 12. Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. 13. Applicants are advised that building plans will be required to meet the International Building Code as adopted by the City of Aspen, the Federal Fair Housing Act, and CRS 9.5.112. Please make sure that your application submittal addresses these building-related and accessibility regulations. You may contact the Building Department at 920-5090 for additional information. 14. List of adjacent property owners within 300 for public hearing 15. Copies of prior approvals. 16. Applications shall be provided in paper format(number of copies noted above) as well as the text only on either of the following digital formats. 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.