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HomeMy WebLinkAboutcoa.lu.gm.601 E Hyman Ave.0050.2012.aslu0050.2012.aslu 601 E. Hyman Ave 11A�ii+r r_nnnc 0 go r3 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0050.2012.ASLU PARCEL ID NUMBERS 2737 18 22 5081 PROJECTS ADDRESS 601 E HYMAN AVE PLANNER SARA NADOLNY CASE DESCRIPTION MAJOR GMQS REPRESENTATIVE GARFIELD AND HECHT DATE OF FINAL ACTION 12.6.12 DATE OF FINAL REFUND/ REFUND SENT 12.31.14 PAYMENT CLOSED BY ANGELA SCOREY ON: 1.13.15 i 2-7 3 18 Zs 5o s I GbSO.2012 -tom L-V 1 Fid Edit Reud Note form Report Format Tt Help Ra�ngSratus Mees iFeekmvykctiaa iAttadmeMslR*Hstay IYkabm I,Nd ''Cusromh0 'SubPermEs 1Parcek V Leoduse 1012kSLU N EHYMANAVE °0 0 . 612 IDfar�ai` Ruutmg uIIV?? Appo 3!1012 ''s wed I TMFOR LAND LEE V ORIANSOUAREMAdORGRAVfH Issued FOR EXPAND OF COMEEM DEVA.M 5 ' ATO 9262323 0 E es 82013 r Last r VICiORtAN SQUARE,LLC fhst Dame 18 E COOPER AVE OI Phn Address ASPEN C081611 Owr s f? ()Csmh�toi is�pC�anf? Last nameARFELD 8 hECHT Rst Daae� E HYMAN NT 2 p�De 910)925-1936 Cult!25185 Address PBJ C081611 \ h La* 4m i Last Daae� Frst re� N Phage Mks � D0p pWlender'sago AsperGo�(seiver) argdas�.1 of 1 + L 1 L D 0 0 Se--P,ct, . N C105 c d, . 10 2 3 . Ll z.1' 1 630.C),E) NO 0'". +o pot� Regular City Plannh& Zoning Meeting — Minutes lD mber 04, 2012 Comments Minutes (11/20/12) Conflicts of Interest Resolution regarding conflicts of interest Continued - AVH Aspen Valley Hospital 601 E Hyman — Growth Management Review 13 Regular City aning & Zoning Meeting — Mijas December 04, 2012 LJ Erspamer opened the regular meeting of the Planning and Zoning Commission i ister Cities Meeting Room at 4:30. Commissioners present were Ryan Walt cheid, Keith Goode, Bert Myrin Cliff Weiss, Jasmine Tygr , Stan Gibbs and LJ amer. Commissioner not present was Jim DeFrancia Staff in attendance re Debbie Quinn, Assistant City Attorney; Jennif r Phelan, Deputy City Communit evelopment Director, Sara Nadolny, Com unity Development; Jackie Lothian, Dep City Clerk. Comments Bert Myrin thanked everyone fo he work session la/nd ek and will get something to the Commission befo December 18`"we can finalize it then. Ryan Nalterscheid asked if these wer oncern to do. Bert answered that what we had rked request to Council to work on things for us N affirmative. Ryan said he would prefer the au things rather than just a recommendation. what were we asking Council while we were there was a would know something •ization for us to work on the Jennifer Phelan said the next meeting w�eeting ecember 1 th and the 1st of January was a holiday so we would have a P&Z on Janua 8`" Minutes MOTION.- Stan Gibbs moved to ap rove the minutes from Novem r 20`h with a change to page 13 "Regardng HVA "seconded by Cliff Weiss. All in vor, APPROVED. Ryan Waltersheid mentioned bAfore that he worked across the street from 601 Hyman but had no conflict w' h this application. Public Hearing: Resolution regarding conflicts of interest LJ Erspamer opened the public hearing on the Resolution of conflicts of interest. Debbie Quinn prepare' a resolution in order to deal with issues such as the one that rose earlier this year hen there was a request for the recusal of one of the members with a potential bias. So this resolution that is in the packet basically sets forth a provision and basically sets forth a procedure and recites the provisions of our home rule charter and our code that allows you as a board to adopt your own rules of procedure t��would ideally have all these potential allegations of bias resolved prior to the actual hearing itself. Debbie said what it does is require that 2 " Regular City Plannina Zoning Meeting — Minutes Dember 04, 2012 L aid that we need to memorialize these lighting condXhasbeen esolution. Jasmi asked if there was a proposed date for the retrou d ribed; is it prop ed at a particular time so we can see if it wored not yet mostly bec se we were just brought in last week and asld get back to you on a da Bert echoed what cv said that it was the best meetinbeen to and read the minutes from a last meeting and Russ naile it with the areas of Whitcomb Terrace, the top, of the parking structure nd the loop road. Bert said he would be interested in dark screens and more ep lighting rather than pole lighting. Keith said the more structures that c in front of us with more glass the more issues we will have with lighting. Ryan said he app/goig xpertise an it is nice to see that at this level. To speak to Keith's ding code in to requires that you meet the energy code and that wehow in our lightin and may not be from the lighting code butding side of it. Ryan aid that he was glad that the hospital is over ahat we get from other a licants. Bert said th sound that meets the code and the sound that i o worse than it was and wouX like to strive to be good neighbors with the sound. TION.• Jasmine Tygre moved for the Hospital Hearing be continued to January seconded by Bert Myrin. All in favor, APPROVED. Public Hearing: 601 East Hyman — Growth Management LJ Erspamer opened the public hearing for Growth Management for 601 E Hyman. Sara Nadolny said the public notices were Exhibit E. Debbie Quinn asked Mr. Clauson if the notice has been posted. Stan Clauson stated that they were. Sara stated this public hearing was regarding the redevelopment plans for 601 East Hyman that involves the demolition and replacement of the current 2 story building with a 3 story mixed use building. Sara said that this particular hearing will cover the Growth Management and Subdivision and has received approval for Conceptual Commercial Design Review. P&Z is the final decision making body for the Growth Management Reviews and City Council is the final decision 13 Regular City fining &Zoning Meeting — Mies December 04, 2012 making body for the subdivision review but require a recommendation from the P&Z Commissioners. Sara said there were 3 Growth Management Review involved with this application; the first is the addition of 2,056 square feet of Commercial Net leasable space and translate to 2,056 Growth Management allotments as they are available through the 2012 Growth Management Review with the City. The second review deals with the 1,835 free market net livable space that will translate to 1 Growth Management allotment which staff also agrees with. The third Growth Management Review deals with affordable housing; the development within a mixed use space requires Affordable Housing Mitigation at 60% of the employees that are generated by this new commercial space. Basement and upper floor are commercial space is a 25% reduction of the number of employees generated per square feet of new net leasable space. The amount of full time equivalents that must be mitigated calculates to 3.41 FTEs just for the commercial. Sara said the net livable space in a mixed use development requires mitigation at the rate of 30% of the net livable area calculated out 540 square feet of Affordable Housing space that will need to be provided for with this net.livable plan; we have calculated that into 1.38 FTEs. l�o onsite mitigation is being proposed with this plan so the code say the applicant must provide the full mitigation for both the new net leasable and livable, which is a total of 4.79 FTEs total. Sara said the applicant has proposed to provide mitigation of a certificate of affordable housing credit and this mitigation is supported by the City's Housing Authority as well as Community Development staff. Sara said the project has to undergo subdivision review as well because that 3rd story residential unit will have to go separately in trust from the commercial development. Staff finds the subdivision will be compatible with this development and the C-1 zone district and doesn't adversely affect the future development of the surrounding area and suitable use for the land and overall this part of the application is found to be compliant with subdivision review criteria. Staff recommends a favorable recommendation to City Council. Cliff wanted to understand the certificate. Jennifer replied the certificate is in FTEs, a certificate can be any amount and depends on how much affordable housing was developed that would grant under that certificate. Bert said you went over page 3 and he asked what P&Z is here to decide; he said it looks like a math problem. Jennifer responded that it was essentially a math problem and what you are verifying with the Growth Management Review is that the form of mitigation that is being proposed is acceptable. Bert said the certificate seems to be a choice among several an applicant can select from and it is not up to 14 Regular City Plannir& Zoning Meeting — Minutes D&mber 04, 2012 IMP - us to tell the applicant what you can and can't choose. Jennifer said the certificate is a form of mitigation that you can accept. Stan Gibbs asked where the extinguishing of the certificate actually get in book and what parts of the whole development process are held up until that happens so that we actually know they have carried forward with. Jennifer replied that they actually haven't extinguished one and we would want to see it at building permit issuance. LJ asked if there were certificates available on the market today. Jennifer answered there are certificates on the market. LJ asked if there was cash in lieu for parking; how does the government use this money. Jennifer replied that it was provided to the transportation department and used for capital projects that they have. Debbie Quinn said such as improving the Rio Grande Garage and that kind of thing. LJ asked if there will be a TDM involved in this. Sara said the TDM and park fees will be part of this. LJ said APCHA was asking the APCHA board to make a decision on the certificates after we make a decision. Sara stated that she met with Cindy from APCHA and she wrote a recommendation for this process. LJ said aren't we putting the cart before the horse. Stan Clauson representative for the applicant provided history on the project; P&Z provided conceptual approval on July 30th and GMQS application was submitted on the 1 Oth of August; there was a Council call up largely to define the amount of open space which was subsequently increased and then P&Z granted conceptual commercial design review addressing the open space question on the 16th of November. Stan Clauson said the total floor area for the building is 8,957 square feet in the C-1 zone district and would allow 11,250 square foot building and no variances are requested for this project. Stan Clauson utilized power point to show the building pulled back on the first level, widening the sidewalk on Hyman Avenue and this all covered under the planning and zoning commission and we will be coming back for final detailed design review and at that point there may be changes to the fenestration of the building. Cliff asked if they were selling commercial space; are you condominizing. Stan Clauson said there would be a condominium plan prepared but he couldn't speak to the exact nature of that plan; it would be recorded at final plat. Jennifer stated that there is a definition of subdivision; the way the ownership is set up now triggers subdivision. 15 Regular City aning & Zoning Meeting�es December 04, 2012 ,• Jasmine asked for clarification of the affordable housing; are they categories. Jennifer replied that they are category 4 or lower which the applicant can use for this project. Jasmine said the approval calls for them to mitigate at a category 4 level or lower. LJ said if they mitigate on site it is 1.38 and if they mitigate off site it is 4.79; is that correct. Jennifer said in the code right now you have to mitigate for the total sum. No public comments. LJ said he was reluctant to make a decision on something that APCHA hasn't decided on but if put in a condition that it has to be approved by APCHA before we approve it. Jennifer said this is a legitimate form of mitigation that you can approve and that you already have a representative of APCHA saying they would like to see that form of mitigation. Ryan stated that if it a way of mitigation that meets the code he doesn't see a way to hold it up. Stan Gibbs said it would be valid to put a condition of approval just to say if for some reason APCHA decides it is not appropriate then it has to come back to P&Z for re -review. LJ said he liked that and the other was a Transportation Development Management Plan; what are we going to see what another department is going to do in that TDM. MOTION: Bert Myrin moved to approve Resolution 22, 2012 granting GMQS allotments and recommending Subdivision for expansion of new free market residential and new net leasable commercial space with the following modifications would add this approval shall be contingent on the recommendation from the APCHA board that mitigation shall occur via certificates of affordable housing credits and in Section 1 add these certificates of affordable housing credit shall be extinguished by the City prior to issuance of a building permit for 601 E Hyman; seconded by Jasmine Tygre. Roll call: Stan Gibbs, yes; Keith Goode, yes; Cliff Weiss, yes; Jasmine Tygre, yes; Ryan Walterscheid, yes; Bert Myrin, yes; LJErspamer, no. APPROVED 6-1. LJ voted no because he did not want to be dependent upon another Board's vote after P&Z's vote. Adjourned at 6:55 pm. Jackie Lothian, Deputy City Clerk 16 • • MEMORANDUM TO: Sara Nadolny, City Community Development Department FROM: Cindy Christensen, APCHA Operations Manager DATE: November 16, 2012 RE: 601 E. Hyman (aka Victorian Square) Redevelopment ISSUE: The applicant is requesting approval to mitigate the employee housing requirement by purchasing affordable housing credit certificates for the redevelopment of the 601 East Hyman property. BACKGROUND: The project involves the demolition and replacement of the current two-story commercial building with a three-story mixed use building. Commercial space will be located in the basement, first and second floor, and a single-family residence is to be located on the third level. DISCUSSION: The applicant is required to mitigate for the additional employees impacted by the redevelopment. The applicant is requesting that the mitigation be in the form of the use of the affordable housing credit program. Below are the calculations to show the mitigation requirement: Existing Proposed FTE Location FAR FAR Difference Multiplier X Mitigation Commercial Basement 0 1,826 1,826 3.075 60% 3.36897 Commercial lst Floor 3,045 2,417 -628 4.100 60% -1.54488 Commercial 2"d Floor 2,164 3,022 858 3.075 60% 1.58301 Residential 3`d Floor 0 1,835 1,835 .3 30% 1.37625 TOTAL OFF SITE MITIGATION 4.78335 The residential mitigation is based on 30% of the additional square footage of 1,835 (550.50) divided by 400 square feet (1 employee = 400 square feet of net livable area). Based on the above information, the employee housing mitigation required is 4.78335 FTE's that is being proposed to be satisfied by the purchase of the affordable housing credit certificates. RECOMMENDATION: The Aspen/Pitkin County Housing Authority (APCHA) will be recommending to the APCHA Board at their regular meeting to be held December 5, 2012, to approve the use of the affordable housing credit certificates to satisfy the required employee housing mitigation at the 4.78335 FTE's. 601 E. Hyman (aka Victorian Square) Redevelopment Page 1 RECEPTION#: 594874, 12/171Ztf2 at 09:23:57 AM, t OF 7, R $41.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION NO.22 (SERIES OF 2012) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING GROWTH MANAGEMENT AND SUBDIVISION REVIEWS FOR NEW COMMERICAL AND FREE-MARKET RESIDENTIAL DEVELOPMENT THAT IS PART OF A MIXED -USE DEVELOPMENT KNOWN AS VICTORIAN SQUARE CONDOMINIUMS AND LOCATED AT 601 E. HYMAN AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No.'s 2737-182-25-801, 2737-182-25-027, 2737-182-25-028, 2737-182-25-029, 2737-182-25-030, 2737-182-25-031, 2737-182-25-032, 2737-182-25-033. WHEREAS, the Community Development Department received an application from Victorian Square, LLC requesting Growth Management and Subdivision Reviews approval to develop new commercial net leasable area and a new free-market residential unit as part of a new mixed -use development located at 601 E. Hyman Avenue; and, WHEREAS, prior to applying for the Subdivision review and Growth Management review for new commercial and residential development the Applicant received Conceptual Commercial Design Review approval from the Planning and Zoning Commission via Resolution No. 19, Series of 2012; and, WHEREAS, the Growth Management review is for approval of both the commercial and residential components of a Mixed —Use Building which contains 7,265 sq. ft. of net leasable area, of which 2,056 sq. ft. of net leasable area is newly created andl,835 sf of residential that is entirely newly created; and WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval of the Growth Management Review requests; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval of the Subdivision Review request; and, WHEREAS, the Planning and Zoning Commission reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing on December 4, 2012; and, WHEREAS, the Planning and Zoning Commission grants approval of the Growth Management Review request for the commercial component of a mixed development that contains 7,265 sq. ft. of net leasable area; and, WHEREAS, the Planning and "Zoning Commission grants approval of the Growth Management Review request for the free-market residential unit within a mixed - use development that contains 1,835 sq. ft. of net livable area; and, WHEREAS, the City of Aspen Planning and Zoning Commission recommends approval of the Subdivision review request. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: This approval shall be contingent on a recommendation from the APCHA Board that housing mitigation shall occur via a Certificate of Affordable Housing Credits. Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves Growth Management Reviews for the following items, in accordance with the plans attached as Exhibit A and incorporated by this reference: • New Net Leasable Space: Pursuant to Section 26.470.080.1 of the Land Use Code, the Planning and Zoning Commission grants approval for 2,056 growth management allotments related to 2,056 sf of new net leasable space within the proposed development. • Addition of Multi -Family Free -Market Space: Pursuant to Section 26.470.080.2 of the Land Use Code, the Planning and Zoning Commission grants approval for one growth management allotment related to the addition of one multi -family free-market residential unit within the proposed development. • Affordable Housing: Pursuant to Section 26.470.040.C.7 of the Land Use Code, the Planning and Zoning Commission grants the Applicant approval to meet the requirement of affordable housing mitigation through purchasing a Certificate of Affordable Housing Credits for the required 4.79 FTE's, to be deed -restricted at a Category 4 or lower. • The Certificate of Affordable Housing Credits shall be extinguished by the City prior to issuance of building permit. Section 2: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby recommends approval of Subdivision review to City Council regarding the addition of a multi -family free-market residential unit having separate legal interests. 2 Section 3: Building The Applicant shall meet adopted building codes and requirements if and when a building permit is submitted. All dimensional standards shall be met for the C-1 zone district and confirmed at the time of building permit. Section 4: Engineering The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the Engineering Department. The project must comply with CMP requirements at the time of permit. The design for the site must meet the requirements of the Urban Runoff Management Plan. A drainage plan must be submitted prior to building permit issuance. Section 5: Fire Mitigation All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (IFC), 2009 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Section 6: Public Works The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Utility placement and design shall meet adopted City of Aspen standards. Each of the units within the building shall have individual water meters. Section 7: Sanitation District Requirements: ' Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. Oil and Grease interceptors (not traps) are required for all food processing establishments and shall be identified and specified prior to building permit. Old service lines must be excavated and properly abandoned. Section 8: Environmental Health The state of Colorado mandates specific mitigation requirements with regard to asbestos. Additionally, code requirements to be aware of when filing a building permit include: a prohibition on engine idling, regulation of fireplaces, fugitive dust requirements, noise abatement and pool designs. Section 9: Exterior Lighting: All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting. Section 10: Off -Street Parking The Applicant is required to provide parking mitigation for the increase in net -leasable commercial space on site. The new net leasable square footage will generate 2.056 parking spaces. The Applicant will provide cash -in -lieu payment as mitigation for the parking spaces, as per Section 26.515.030, Required number of off-street parking spaces, of the Land Use Code. This same section of the Code states that the Applicant is not required to provide parking for the residential free-market unit as the development is within the C-1 (Commercial) zone district. Section 11: Impact Fees Before the Applicant is issued a Building Permit, the Applicant shall pay a Parks Development fee and a TDM/Air Quality fee pursuant to Chapter 26.610, Impact Fees. The amount of the fees shall be calculated by the Community Development Department using the calculation method and fee schedule in effect at the time the Applicant submits a building permit. Section 12:'School Land Dedication Fees Prior to the issuance of building permit, the Applicant shall pay a School Land Dedications fee pursuant to Chapter 26.620, School Land Dedication. The amount of the fees shall be calculated by the Community Development Department using the calculation method and fee schedule in effect at the time the Applicant submits a building permit. Section 13: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 14: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 15• If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 40, day of December, 2612'. g and Zoning Commission Chair 4 APPROVED AS TO FORM: Deb Quinn, Assistant City Attorney ATTEST: <95 Z — Jackie Lothian, Deputy City Clerk Exhibit A: Floor plans COUNERCM I= sF P" LEVEL 0 FLOOR PLAN FLOOR AREA: NET LEASABLE: SF x0%= 0 SF 1,826 SF COMMERCIAL tk ��40" c�gc ,SF oaFn+ �aoPrurr � f FLOOR AREA TOTALS 5.716 SF COMMERCIAL (75%) 1,952 SF RESIDENTIAL (25%) 7,668 SF TOTAL AREA;.(100%) RESIDENTIAL AREA: 2250 SF ALLOWABLE AREA • EXEMPT DECK AREA: 2,250 SF FLOOR AREA ALLOWED x15 % PERCENT ALLOWED 337.5 SF EXEMPT DECK AREA DECK AREA: 337.5 SF EXEMPT DECK AREA • MEMORANDUM TO: Sara Nadolny, Community Development Department FROM: Cindy Christensen, APCHA Operations Manager DATE: December 6, 2012 RE: 601 E..Hyman (aka Victorian Square) Redevelopment ISSUE: The applicant is requesting approval to mitigate the employee housing requirement by purchasing affordable housing credit certificates for the redevelopment of the 601 East Hyman property. BACKGROUND: The project involves the demolition and replacement of the current two-story commercial building with a three-story mixed use building. Commercial space will be located in the basement, first and second floor, and a single-family residence is to be located on the third level. DISCUSSION: The applicant is required to mitigate for the additional employees impacted by the redevelopment. The applicant is requesting that the mitigation be in the form of the use of the affordable housing credit program. Below are the calculations to show the mitigation requirement: Existing Proposed FTE Type Location FAR . FAR Difference Multiplier X Mitigation Commercial Basement 0 1,826 1,826 3.075 60% 3.36897 Commercial 15i Floor 3,045 2,417 -628 4.100 60% -1.54488 Commercial 2"d Floor 2,164 3,022 858 3.075 60% 1.58301 Residential 3`d Floor 0 1,835 1,835 .3 30% 1.37625 TOTAL OFF SITE MITIGATION 4.78335 The residential mitigation is based on 30% of the additional square footage of 1,835 (550.50) divided by 400 square feet (1 employee = 400 square feet of net livable area). Based on the above information, the employee housing mitigation required is 4.78335 FTE's that is being proposed to be satisfied by the purchase of the affordable housing credit certificates. RECOMMENDATION: The APCHA Board reviewed the application at their regular meeting held December 5, 2012 and are in agreement that providing the affordable housing credit certificates is an accepted option to satisfy the employee housing mitigation at the 4.78335 FTE's. 601 E. Hyman (aka Victorian Square) Redevelopment Page 1 0 6 Ic ► MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Jennifer Phelan, Community Development Deputy Director FROM: Sara Nadolny, Planner Technician RE: 601 E. Hyman Ave, aka Victorian Square Condominiums, GMQS and Subdivision Reviews - Public Hearin HEARING DATE: December 4, 2012 APPLICANT /OWNER: STAFF RECOMMENDATION: Victorian Square, LLC Staff recommends the Planning and Zoning Commission approve the application for Growth REPRESENTATIVE: Management and provide a favorable Stan Clauson — Stan Clauson Associates; recommendation to City Council regarding Sarah Broughton — Rowland & Broughton Subdivision Review. Architecture and Urban Design SUMMARY: LOCATION: The Applicant requests Subdivision approval for the Victorian Square Condominiums, development of the third floor free-market residential commonly known as 601 E. Hyman Ave, unit, and approval of Growth Management allotments City and Townsite of Aspen for 2,056 sf of new net leasable commercial space and one new free-market residential unit. CURRENT ZONING & USE This property is located in the Commercial (C-1) zone district. The site is currently used as commercial office space. ; PROPOSED LAND USE: The Applicant is proposing to demolish the existing two-story commercial Victorian } Square building and replace it with a three- story mixed -use building containing retail and commercial office space and one free- market residential unit. o �k Figure A: Photo of subject property as viewed from the E. Hyman Ave. fagade. LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approvals to redevelop the site, which have been categorized by the final decision -making board below. 1. Planning and Zoning Commission is the final decision -making body for the following reviews: a. Growth Management: New Net Leasable Space. Pursuant to Land Use Code Section 26.470.080.1, this application requires the Planning and Zoning Commission, at a public hearing, to approve, approve with conditions or deny Growth Management. b. Growth Management: Addition of Multi -family Free -Market Development. Pursuant to Land Use Code Section 26.470.080.2, this application requires the Planning and Zoning Commission, at a public hearing, to approve, approve with conditions or deny Growth Management. c. Growth Management: Affordable Housing. Pursuant to Land Use Code Section 26.470.040 C.7, this application requires the Planning and Zoning Commission, at a public hearing, to approve, approve with conditions or deny Growth Management. 2. City Council is the final decision -making body for the following review: a. Subdivision: For the residential unit within the proposed development that has separate legal interests. An application for Subdivision,. pursuant to Land Use Code Section 26.480.040, Subdivision, requires the Planning and Zoning Commission, at a public hearing, to recommend approval, approval with conditions, or denial of the Subdivision to City Council. PROJECT SUMMARY: The Applicant is proposing to demolish the existing two-story commercial building located on the corner of E. Hyman Ave and S. Hunter St, and to redevelop the site with a new three-story mixed -use building that contains commercial and free-market residential uses. Conceptual Commercial Design Review approval was granted by the Planning and Zoning Commission on November 16, 2012 per Resolution 19, Series 2012. The existing property is located in the Commercial (C-1) Zone District on a 4,500 sf lot. The Applicant proposes the following: • The expansion of commercial development by 2,056 sf of commercial net leasable area beyond the existing commercial net leasable area for a total of 7,265 sf net leasable commercial space. • The development of one 1,835 sf free-market residential unit. The proposed project will generate additional employees that will require affordable housing mitigation, discussed below. 2 Staff Comments: GROWTH MANAGEMENT REVIEW: The Applicant is required to provide affordable housing mitigation for both the increase in net leasable space, as well as the addition of the free-market residential housing unit. The Applicant is requesting growth management approval to obtain sufficient development allotments to construct the proposed project. The request and the project's compliance with the applicable review standards are discussed below: 1) The existing net leasable space is 5,209 sf, and the proposed net leasable space is 7,265 sf. The development of new net leasable space in a mixed -use development requires affordable housing mitigation at 60% of the employees generated by the new commercial space. Additionally, basement and upper floor commercial space allows for a 25% reduction of the number of employees generated per square foot of new net leasable space compared to at -grade new net leasable space. In this case, the Applicant must provide mitigation for the 2,056 sf difference, which calculates as 3.41 Full Time Equivalents (FTE's) as outlined in Exhibit A, attached. 2) There is no existing net livable space currently on the site, so the Applicant must provide mitigation for the entire 1,835 sf of new free-market residential space. The development of new net livable space in a mixed -use development requires affordable housing mitigation at 30% of the additional free-market residential net livable area. The net livable space mitigation calculates as 550.50 sf of affordable housing unit space that must be provided for. To convert this square footage into employees, one employee = 400 sf of net livable area. Therefore, this calculates to 1.38 FTE's as outlined in Exhibit A, attached. 3) Since the Applicant has not proposed to provide any on -site mitigation, both FTE calculations must be mitigated for, for a combined total of 4.79 FTE's. The Applicant has proposed to provide mitigation through the purchase of a Certificate of Affordable Housing Credits which will be properly extinguished per Section 26.470.070(4)(b) of the Land Use Code. Staff recommends approval of the purchase of a Certificate of Affordable Housing Credits as a means of mitigation. SUBDIVISION: The development of a free-market residential dwelling unit requires approval of subdivision pursuant to the definition of subdivision in the City's Land Use Code, which includes units within the same development that have separate legal interests. In reviewing the subdivision portion of the application, Staff believes that the proposal meets all applicable subdivision review standards as established in Land Use Code Section 26.480.050, and attached as Exhibit B to this memo. Staff recommends the Planning and Zoning Commission provide a favorable recommendation of approval to City Council of the request for Subdivision review. V SCHOOL LANDS DEDICATIONS FEE: Land Use Code Chapter 26.620, School Lands Dedications, requires that the Applicant either dedicate lands for school function or provide a cash -in -lieu payment. The Applicant has proposed to pay a cash -in -lieu payment pursuant to the fee schedule established in Land Use Code Chapter 26.620. Staff has included a condition of approval in the proposed resolution requiring that the Applicant pay the School Lands Dedications fee prior to issuance of a building permit for the proposed development. IMPACT FEES: The.Applicant is required to pay a Park Development Impact Fee and TDM/Air Quality Impact Fee for the additional net leasable and net livable square footage associated with the redevelopment of the site pursuant to Land Use Code Section 26.610.090, Impact Fees. The fees for this project shall be assessed and paid prior to building permit issuance. OFF-STREET PARKING: For every 1,000 sf of net leasable that is added to the site, the Applicant must provide either one off-street parking space or payment -in -lieu. The proposed development increases the net leasable space by 2,056 sf, equivalent to 2.056 off-street parking spaces. The Applicant has not proposed any on -site parking for this development, and will therefore be required to provide payment -in -lieu for the parking spaces. Per the Code, no off-street parking is required for a residential multi -family unit within a mixed - use building within the C-1 zone district. REFERRAL AGENCY COMMENTS: • Aspen/Pitkin County Housing Authority (APCHA) — APCHA is recommending to the APCHA Board at their regular meeting on December 5, 2012 approval of the use of the Certificate of Affordable Housing Credit to satisfy the required employee housing mitigation for the 4.79 FTE's. • Parks — All landscaping within the public right-of-way will be subject to the requirements of Chapter 21.20 of the Municipal Code, and approved by City Parks and Engineering Depts. prior to installation. Parks will have final approval of any tree species planted. Any trees that will be removed from the property will require an approved tree permit, with mitigation required for removals. Parks will approve a final landscape plan during the tree removal permit process. • Engineering — The site design must meet the requirements of the Urban Runoff Management Plan, to be submitted prior to final building permit issuance. All sidewalk, curb and gutter must meet the Engineering Standards as outlined in Title 21 of the Municipal Code. A construction management plan must be submitted that includes mitigation for parking, staging/encroachments and truck traffic. An excavation stabilization plan will be required. The Applicant may provide a fee -in -lieu payment for a portion of the water detention requirements as per Section 2.12.14 of the Municipal 4 Code. Aspen Consolidated Sanitation District (ACSD) — ACSD will review the approved drainage plans, on -site utility plans, the location of any food processing equipment, and landscaping plans that involve impact to the public right-of-way. Old service lines must be excavated and abandoned at the main sanitary sewer line according to ACDS requirements. • Fire — The project is subject to all codes and requirements of the Aspen Fire Protection District, including, but not limited to the installation of a fire suppression system installed according to the latest edition of NFPA 13, and the installation of a fire alarm system installed according to the latest edition of NFPA 72. Utilities — The transformer shall remain located on the project site,, and must meet all Engineering right-of-way standards, City Electrical Distribution Standards, and applicable Electrical Code Requirements. Water service should be sized by a fire protection professional and reviewed by the Water Dept. RECOMMENDATION: In reviewing the proposal, Staff believes that the project is consistent with the applicable review standards in the Land Use Code, and recommends approval of this application. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Resolution No. _, Series of 2012, granting GMQS allotments and a Subdivision approval recommendation for the expansion of new net leasable commercial space and free-market residential space for the property located at 601 E. Hyman Ave." ATTACHMENTS: EXHIBIT A — GMQS Review Criteria EXHIBIT B — Subdivision Review EXHIBIT C — Department Referrals EXHIBIT D — Application Resolution No. _ (SERIES OF 2012) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING GROWTH MANAGEMENT AND' SUBDIVISION REVIEWS FOR NEW COMMERICAL AND FREE-MARKET RESIDENTIAL DEVELOPMENT THAT IS PART OF A MIXED -USE DEVELOPMENT KNOWN AS VICTORIAN SQUARE CONDOMINIUMS AND LOCATED AT 601 E. HYMAN AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No.'s 2737-182-25-801, 2737-182-25-027, 2737-182-25-028, 2737-182-25-029, 2737-182-25-030, 2737-182-25-031, 2737-182-25-032, 2737-182-25-033. WHEREAS, the Community Development Department received an application from Victorian Square, LLC requesting Growth Management and Subdivision Reviews approval to develop new commercial net leasable area and a new free-market residential unit as part of a new mixed -use development located at 601 E. Hyman Avenue; and, WHEREAS, prior to applying for the Subdivision review and Growth Management review for new commercial and residential development the Applicant received Conceptual Commercial Design Review approval from the Planning and Zoning Commission via Resolution No. 19, Series of 2012; and, WHEREAS, the Growth Management review is for approval of both the commercial and residential components of a Mixed —Use Building which contains 7,265 sq. ft. of net leasable area, of which 2,056 sq. ft. of net leasable area is newly created andl,835 sf of residential that is entirely newly created; and WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval of the Growth Management Review requests; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval of the Subdivision Review request; and, WHEREAS, the Planning and Zoning Commission reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing on December 4, 2012; and, WHEREAS, the Planning and Zoning Commission grants approval of the Growth Management Review request for the commercial component of a mixed development that contains 7,265 sq. ft. of net leasable area; and, 1 • • J WHEREAS, the Planning and Zoning Commission grants approval of the Growth Management Review request for the free-market residential unit within a mixed - use development that contains 1,835 sq. ft. of net livable area; and, WHEREAS, the City of Aspen Planning and Zoning Commission recommends approval of the Subdivision review request. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves Growth Management Reviews for: • New Net Leasable Space: Pursuant to Section 26.470.080.1 of the Land Use Code, the Planning and Zoning Commission grants approval for 2,056 growth management allotments related to 2,056 sf of new net leasable space within the proposed development. • Addition of Multi -Family Free -Market Space: Pursuant to Section 26.470.080.2 of the Land Use Code, the Planning and Zoning Commission grants approval for one growth management allotment related to the addition of one multi -family free-market residential unit within the proposed development. • Affordable Housing: Pursuant to Section 26.470.040.C.7 of the Land Use Code, the Planning and Zoning Commission grants the Applicant approval to meet the requirement of affordable housing mitigation through purchasing a Certificate of Affordable Housing Credits for the required 4.79 FTE's, to be deed -restricted at a Category 4 or lower. Section 2• Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby recommends approval of Subdivision review to City Council regarding the addition of a multi -family free-market residential unit having separate legal interests. Section 3: Building The Applicant shall meet adopted building codes and requirements if and when a building permit is submitted. All dimensional standards shall be met for the C-1 zone district and confirmed at the time of building permit. Section 4: Enaineerin2 The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the Engineering Department. The project must comply with CMP requirements at the time 4 of permit. The design for the site must meet the requirements of the Urban Runoff Management Plan. A drainage plan must be submitted prior to building permit issuance. Section 5: Fire Mitigation All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (IFC), 2009 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Section 6: Public Works The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Utility placement and design shall meet adopted City of Aspen standards. Each of the units within the building shall have individual water meters. Section 7: Sanitation District Requirements: Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. Oil and Grease interceptors (not traps) are required for all food processing establishments and shall be identified and specified prior to building permit. Old service lines must be excavated and properly abandoned. Section 8: Environmental Health The state of Colorado mandates specific mitigation requirements with regard to asbestos. Additionally, code requirements to be aware of when filing a building permit include: a prohibition on engine idling, regulation of fireplaces, fugitive dust requirements, noise abatement and pool designs. Section 9: Exterior Lighting: All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting. Section 10: Off -Street Parkin The Applicant is required to provide parking mitigation for the increase in net -leasable commercial space on site. The new net leasable square footage will generate 2.056 parking spaces. The Applicant will provide cash -in -lieu payment as mitigation for the parking spaces, as per Section 26.515.030, Required number of off-street parking spaces, of the Land Use Code. This same section of the Code states that the Applicant is not required to provide parking for the residential free-market unit as the development is within the C-1 (Commercial) zone district. Section 11: Impact Fees Before the Applicant is issued a Building Permit, the Applicant shall pay a Parks Development fee and a TDM/Air Quality fee pursuant to Chapter 26.610, Impact Fees. The amount of the fees shall be calculated by the Community Development Department 3 using the calculation method and fee schedule in effect at the time the Applicant submits a building permit. Section 12: School Land Dedication Fees Prior to the issuance of building permit, the Applicant shall pay a School Land Dedications fee pursuant to Chapter 26.620, School Land Dedication. The amount of the fees shall be calculated by the Community Development Department using the calculation method and fee schedule in effect at the time the Applicant submits a building permit. Section 13: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 14: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 15: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 4`h day of December, 2012. APPROVED AS TO FORM: Deb Quinn, Assistant City Attorney M LJ Erspamer Planning and Zoning Commission Chair ATTEST: Jackie Lothian, Deputy City Clerk Exhibit A: Floor plans • C] 26.470.050. General requirements. Exhibit A GMQS Review Criteria 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. Staff Response: The Applicant has proposed a mixed use building that will require three growth management reviews: a. New net leasable space. The applicant is proposing to expand the amount of commercial net leasable space current found on -site by 2,056 sf. This expansion will require 2,056 development allotments. Per the 2012 table of annual allotments managed by the City's Planning Dept., there are sufficient growth management allotments available to accommodate the proposed development. Staff finds the criterion as it relates to the expansion of net leasable space to be met. b. Addition of one multi family free-market unit. The applicant is proposing to create one multi family free-market residential unit within the development totaling 1,835 sf of new net livable space. This development will require one single allotment, which is available per the aforementioned table of annual allotments. Staff finds the criterion as it relates to the addition of one multi family free-market unit to be met. c. Affordable housing. The Applicant shall be required to provide affordable housing mitigation for the addition of new net leasable space and the multi family free- market unit. According to Land Use Code Section 26.470.030 (D) Annual development allotments, there is no annual limit on the amount of affordable housing that can be created. The Applicant is proposing to purchase a Certificate of Affordable Housing Credit as means of satisfying the affordable housing requirement associated with this development. Staff finds the criterion as it relates to the affordable housing to be met. 2. The proposed development is compatible with land uses in the surrounding area, as well as with any applicable adopted regulatory master plan. Staff Response: The proposed development is a mix of commercial and free-market residential, which are the same uses found throughout the surrounding area. This development is proposed within the C-1 zone district, which permits both commercial and • • multi family residential uses. The Aspen Area Community Plan (AACP) is a guiding document, and not regulatory; however, Staff finds this development to be compatible with the goals of the AACP in that this development within the commercial sector provides additional commercial spaces that will aid in the goal of balanced, diverse and vital businesses that meet the needs of year-round residents and visitors. The proposed development also is a redevelopment of an existing building site, thereby meeting the goal of creating certainty in land development, and limiting the burden on public infrastructure and ongoing public operating costs. Staff finds this criterion to be met. 3. The development conforms to the requirements and limitations of the zone district. Staff Response: The proposed development will conform to the limitations of the C-1 zone district, including maximum height, permitted uses, floor area ratios, maximum residential dwelling unit size and the commercial/residential ratio. A condition to meet the requirements of the underlying zone district is included in the resolution and will be confirmed at building permit application. Staff finds this criterion to be met. 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. Staff Response: The development is not subject to Conceptual Historic Preservation Commission or Conceptual Planned Unit Development approval, but is subject to Conceptual Commercial Design Review. This approval was granted by the Planning and Zoning Commission with the approval of Resolution 19, Series 2012. Staff finds this criterion to be met. 5. Unless otherwise specified in this Chapter, sixty percent (60%) 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. Staff Response: The Applicant will provide mitigation for 60% of the employees generated by additional commercial development in accordance with the Aspen/Pitkin County Housing Authority guidelines. Commercial Net Leasable Mitigation: 1. Existing Employee Generation Credit • First floor — 3,045 sf/INOW. IOx.60 = 7.4907 FTE's • Second floor — 2,164 sf/IOOOx3.075x.60 = 3.99258 FTE's =11.48328 FTE's 0a • • 2. Proposed Employee Generation • Basement—1,82611000x3.075x.60 = 3.36897 FTE's • First floor — 2,417/1 NOW. 1Ox.60 = 5.94582 FTE's • Second floor — 3,02211000x3.075x.60 = 5.57559 FTE's • Third floor — 0 =14.89038 FTE's 3. Proposed FTE's — Existing FTE's = 3.406552 FTE's, rounded to 3.41 FTE's The Applicant has proposed to provide mitigation for the required 3.41 FTE's through the purchase of a Certificate of Affordable Housing Credit, which will be properly extinguished as per subsection 26.570.090. The Aspen Pitkin County Housing Authority (APCHA) supports this form of mitigation. Staff finds this criterion to be met. 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") 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. Staff Response: The Applicant will provide mitigation for 30% of the employees generated by the addition of free-market residential net livable space in accordance with the Aspen/Pitkin County Housing Authority guidelines. 1. Existing Free -Market Net Livable Residential = 0 FTE's 2. Proposed Free -Market Net Livable Residential • Third floor —1,835 sf (30)= 550.50 sf • Net Livable square footage conversion to FTE's = 550.501400=1.37625 3. Proposed FTE's —Existing FTE's=1.37625 FTE's, rounded to 1.38 FTE's The Applicant has proposed to provide mitigation for the required 1.38 FTE's through the purchase of a Certificate of Affordable Housing Credit, which will be properly extinguished as per subsection 26.570.090. The Aspen Pitkin County Housing Authority (APCHA) supports this form of mitigation. Staff finds this criterion to be met. K 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. Staff Response: The proposed project is a demolition and redevelopment, and will therefore any redevelopment will take place on a previously developed parcel. The proposed development presents very minor additional demand on public infrastructure. Staff finds this criterion to be met. (Ord. No. 14, 2007, § 1; Ord. No. 6 — 2010, §2; Ord. No. 3-2012 § 17) (Ord. No. 14, 2007, § 1) Subsection 26.470.040(4) Affordable Housing Affordable housing. The development of affordable housing deed -restricted in accordance with the Aspen/Pitkin County Housing Authority Guidelines shall be approved, approved with conditions or denied by the Planning and Zoning Commission based on the following criteria: a. The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing Authority. A recommendation from the Aspen/Pitkin County Housing Authority shall be required for this standard. The Aspen/Pitkin County Housing Authority may choose to hold a public hearing with the Board of Directors. Staff Response: The Applicant has proposed to provide affordable housing mitigation for the increase in commercial net -leasable and free-market residential net livable space through the purchase of a Certificate of Affordable Housing Credit. The Aspen Pitkin County Housing Authority (APCHA) supports this form of mitigation at a Category 4 or less. Stafffinds this criterion to be met. b. Affordable housing required for mitigation purposes shall be in the form of actual newly built units or buy -down units. Off -site units shall be provided within the City limits. Units outside the City limits may be accepted as mitigation by the City Council, pursuant to Paragraph 26.470.090.2. If the mitigation requirement is less than one (1) full unit, a cash -in - lieu payment may be accepted by the Planning and Zoning Commission upon a recommendation from the Aspen/Pitkin County Housing Authority. If the mitigation requirement is one (1) or more units, a cash -in -lieu payment shall require City Council approval, pursuant to Paragraph 26.470.090.3. A Certificate of Affordable Housing Credit may be used to satisfy mitigation requirements by approval of the Community Development Department Director, pursuant to Section 26.540.080 Extinguishment of the Certificate. Required affordable housing may be provided through a mix of these methods. Staff Response: The Applicant has proposed to provide affordable housing mitigation for the increase in commercial net -leasable and free-market residential net livable space through the purchase of a Certificate of Affordable Housing Credits. The total amount of mitigation will be equivalent to 4.79FTE's. Staff finds this criterion to be met. c. Each unit provided shall be designed such that the finished floor level of fifty percent (50%) or more of the unit's net livable area is at or above natural or finished grade, whichever 4 is higher. This dimensional requirement may be varied through Special Review, Pursuant to Chapter 26.430. Staff Response: The Applicant has proposed to provide affordable housing mitigation in the form of a Certificate of Affordable Housing Credit rather than providing mitigation on -site. Staff finds this criterion to be not -applicable. d. The proposed units shall be deed -restricted as "for sale" units and transferred to qualified purchasers according to the Aspen/Pitkin County Housing Authority Guidelines. The owner may be entitled to select the first purchasers, subject to the aforementioned qualifications, with approval from the Aspen/Pitkin County Housing Authority. The deed restriction shall authorize the Aspen/Pitkin County Housing Authority or the City to own the unit and rent it to qualified renters as defined in the Affordable Housing Guidelines established by the Aspen/Pitkin County Housing Authority, as amended. The proposed units may be rental units, including but not limited to rental units owned by an employer or nonprofit organization, if a legal instrument in a form acceptable to the City Attorney ensures permanent affordability of the units. The City encourages affordable housing units required for lodge development to be rental units associated with the lodge operation and contributing to the long-term viability of the lodge. Units owned by the Aspen/Pitkin County Housing Authority, the City of Aspen, Pitkin County or other similar governmental or quasi -municipal agency shall not be subject to this mandatory "for sale" provision. Staff Response: The Applicant has proposed to provide affordable housing mitigation in the form of a Certificate of Affordable Housing Credit rather than providing mitigation on -site. Staff finds this criterion to be not -applicable. e. Non -Mitigation Affordable Housing. Affordable housing units that are not required for mitigation, but meet the requirements of Section 26.470.070.4(a-d). The owner of such non - mitigation affordable housing is eligible to receive a Certificate of Affordable Housing Credit pursuant to Chapter 26.540. Staff Response: The Applicant is required to provide affordable housing mitigation as a result of this development, and will be doing so through the form of a Certificate of Affordable Housing Credit. Staff finds this criterion to be not -applicable. Exhibit B Subdivision Review 26.480.050. Review standards. A development application for subdivision review shall comply with the following standards and requirements: A. General requirements. 1. The proposed subdivision shall be compatible with the mix of development in the immediate vicinity of the parcel in terms of density, height, bulk, architecture, landscaping and open space, as well as with any applicable adopted regulatory master plan. Staff Response: The proposed subdivision associated with this project is compatible with the development in the immediate vicinity. The proposed project is located within the Commercial (C-1) zone district, and follows all of the requirements of the zone district. The proposed building reflects the range and variation in building height of the Commercial Character Area. Staff finds this criterion to be met. 2. The proposed subdivision shall be consistent with the character of existing land uses in the area. Staff Response: The proposed development is located within the Commercial (C-1) zone district, which is an allowable and appropriate area for a commercial and residential mired -use building to be located. The development in the immediate area is primarily commercial in nature. The proposed development will complement the existing and developing neighborhood uses by its addition of retail, office, and residential uses. Staff finds this criterion to be met. 3. The proposed subdivision shall not adversely affect the future development of surrounding areas. Staff Response: The development surrounding this subdivision is commercial. The proposed building is mixed use, with the basement through second floors serving as commercial space, and the subdivided free-market residential unit on the third floor. These proposed uses have the potential to strengthen the surrounding area and may add to the vitality of the block, acting as a compliment to the neighboring art museum. Staff does not feel that this development will impact the existing infrastructure, nor will it impose limits on future development. Staff finds this criterion to be met. 4. The proposed subdivision shall be in compliance with all applicable requirements of this Title. Staff Response: The proposed subdivision's compliance with the applicable requirements of this Title shall be determined at the time of issuance of building permit. The Applicant is not proposing any variations from the requirements of this Title. Staff finds this criterion to be met. 1 B. Suitability of land for subdivision. 1. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety or welfare of the residents in the proposed subdivision. Staff Response: The proposed subdivision is on previously developed land, which is flat, and suitable for redevelopment, without threat of flooding, drainage issues, rock or soil creep, mudflow, rockslide, avalanche or snowslide, or other natural hazards. Staff finds this criterion to be met. 2. Spatial pattern efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. Staff Response: The proposed subdivision will not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities or unnecessary public costs. The subdivision will only serve to separate the commercial and residential legal interests in the proposed development. Staff finds this criterion to be met. C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the following conditions have been met: 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with an applicable adopted regulatory plan, Title 28, the municipal code, the existing, neighboring development areas and/or the goals of the community. 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. Staff Response: The required improvements identified in Chapter 26.580 shall be provided for the proposed subdivision, as found applicable by the City's Engineering Department. The Applicant has not identified any unique situations related to this development, nor has a request been made related to any variation to the design standards. Staff finds these criteria to be met. D. Affordable housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Section 26.470.070.5, Demolition or redevelopment of multi -family housing. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. 2 0 - 0 Staff Response: The proposed development will contain a single new residential dwelling unit. The Applicant has proposed to provide for the affordable housing associated with this unit through the purchase of Affordable Housing Credits as permitted by the Code, should this method prove satisfactory to the Planning and Zoning Commission. The Applicant will further extinguish the Certificates of Affordable Housing Credit as directed in subsection 26.540.080 of the Code. Staff finds this criterion to be met. E. School land dedication. Compliance with the School land dedication standards set forth at Chapter 26.620. Staff Response: The Applicant is required to comply with the School Land Dedication Standards as per Chapter 26.620 of the Land Use Code. The Applicant has indicated intended compliance by providing payment for all dedication and impact fees associated with this development. Staff finds this criterion to be met. F. Growth management approval. Subdivision approval may only be granted to applications for which all growth management development allotments have been granted or growth management exemptions have been obtained, pursuant to Chapter 26.470. Subdivision approval may be granted to create a parcel(s) zoned Affordable Housing Planned Unit Development (AH- PUD) without first obtaining growth management approvals if the newly created parcel(s) is required to obtain such growth management approvals prior to development through a legal instrument acceptable to the City Attorney. Staff Response: Growth Management is also a review of this public hearing. Staff expects Growth Management review will be approved based on the development allotments that are available for the 2012 calendar year. Although a major growth management application, this proposal is not in direct competition with any other proposal for these growth management allotments. Staff anticipates this criterion will be met, so the Applicant may proceed with subdivision approval. (Ord. No. 44-2001, §2; Ord. No. 12, 2007, §§29, 30; Ord. No. 3, §18) Exhibit C Department Referrals E Memorandum Date: November 15, 2012 To: Sara Nadolny, City of Aspen Planning From: Brian Flynn, Parks Department Re: 601 E Hyman Landscaping within the Public Right of Way: Landscaping in the public right of way will be subject to landscaping in the ROW requirements, Chapter 21.20. There shall be no plantings within the City ROW which are not approved by the City Parks Department and the Engineering Department. The applicant should recommend a tree based species available in the City of Aspen Arbor guide. Parks will work with the applicant on the final approved tree species. Irrigation will be required with a specific planting medium appropriate for tree growth. Planting specifications and details need to be approved by the City of Aspen Parks Department and City Engineering. The City of Aspen is requiring that the improvements to the ROW include the use of Silva Cell Technology and pavers placed within the planting zone, the area 5 feet off back of curb. These specific improvements are being installed within the ROW of 625 E Hyman Ave and the two projects should coordinate where possible. Tree Permit: Per City Code 13.20 an approved tree permit will be required before any tree is removed or impacted under the drip line of the tree. Parks is requiring that the tree permit be approved prior to approval of building permits. If a permit is necessary, contact the Parks Department at 920-5120 or download the permit at www.aspenpitkin.com on the Natural Resource page, click on the 2012 tree permit tab. Mitigation for removals will be paid cash in lieu or as an on -site planting per City Code 13.20. Parks will approve a final landscape plan during the review of the tree removal permit based on the landscape estimates. Date: November 26, 2012 Project: 601 E Hyman City of Aspen Engineering Department DRC Comments These comments are not intended to be exclusive, but an initial response to the project packet submitted for purpose of the DRC meeting. Drainage: General note: The design for the site must meet the Urban Runoff Management Plan Requirements. Staff was not able to determine whether or not the site will meet these requirements. A full review will be completed when there is enough information to review. A compliant drainage plan must be submitted with a building permit application. This includes detaining and providing water quality for the entire site. If the site chooses FIL, it can only be applied to existing impervious areas all new areas will need to discharge at historic rates. Staff was unable to determine whether or not the site is able to meet all the Drainage Principals: 1.Consider stormwater quality needs early in the design process. The WQCV vault indicates stormwater treatment was considered. 2.Use the entire site when planning for stormwater quality treatment. 3.Avoid unnecessary impervious area. 4.Reduce runoff rates and volumes to more closely match natural conditions. 5.Integrate stormwater quality management and flood control. 6.Develop stormwater quality facilities that enhance the site, the community, and the environment. 7.Use a treatment train approach. 8.Design sustainable facilities that can be safely maintained. 9. Design and maintain facilities with public safety in mind. Sidewalk and Curb and Gutter: General note: All sidewalk, curb and gutter must meet the Engineering Standards as outlined in Title 21. A number of issues should be examined. This includes the following: 1. A direction ramp will be required. A directional ramp may interfere with the existing Type R stormwater inlet. The inlet may require modification. 2. A minimum walkway of 8 feet is required. 3. Use Silva Cells for tree plantings. Construction Management — Engineering is concerned about the Construction Impacts of this site. The plan shall describe mitigation for: parking, staging/encroachments, and truck traffic. Note that the current code does not allow for any encroachments during the on -seasons (November l — April 15 and June 1 — Labor Day). Excavation Stabilization — Due to the proximity of the neighboring property and the excavation of the building the City will require an excavation stabilization plan prior to building permit submittal. Fee in Lieu —This project is considered a Major project and can opt to pay the Fee in Lieu for a portion of the detention requirements. Please refer to Section 2.12.140 of the Municipal Code. C J is Referral by Tom Bracewell Aspen Sanitation District DRC 11-14-12 ACSD Requirements-601 E. Hyman Ave. Redevelopment Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. On -site utility plans require approval by ACSD. Oil and Grease interceptors (NOT traps) are required for all food processing establishment. Locations of food processing shall be identified prior to building permit. Oil and Sand separators are required for parking garages and vehicle maintenance establishments. Driveway entrance drains must drain to drywells. Elevator shaft drains must flow thru o/s interceptor Old service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements. Below grade development may require installation of a pumping system. One tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single service line. Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. All ACSD fees must be paid prior to the issuance of a building permit. Peg in our office can develop an estimate for this project once detailed plans have been made available to the district. Where additional development would produce flows that would exceed the planned reserve capacity of the existing system (collection system and or treatment system) an additional proportionate fee will be assessed to eliminate the downstream collection system or treatment capacity constraint. Additional proportionate fees would be collected over time from all development in the area of concern in order to fund the improvements needed. Where additional development would produce flows that would overwhelm the planned capacity of the existing collection system and or treatment facility, the development will be assessed fees to cover the costs of replacing the entire portion of the system that would be overwhelmed. The District would fund the costs of constructing reserve capacity in the area of concern (only for the material cost difference for larger line). Glycol heating and snow melt systems must be designed to prohibit and discharge of glycol to any portion of the public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. Soil Nails are not allowed in the public ROW above ASCD main sewer lines and within 3 feet vertically below an ACSD main sewer line. We can comment on this application in greater detail once detailed plans have been submitted to the District. Aspen Fire District Ed Van Walraven Development Review Committee Comments Re: Redevelopment of 601 E. Hyman Ave This project shall meet all of the codes and requirements of the Aspen Fire Protection District. This includes but not limited to the installation of a fire suppression system installed according to the latest edition of NFPA 13, the installation of a fire alarm system installed according to the latest edition of NFPA 72. We are enforcing the International Fire Code 2009 Edition as amended by the Aspen Fire Protection District and adopted by the City of Aspen. Aspen Fire Protection District Ed Van Walraven Development Review Committee Comments Re: Redevelopment of 601 E. Hyman Ave This project shall meet all of the codes and requirements of the Aspen Fire Protection District. This includes but not limited to the installation of a fire suppression system installed according to the latest edition of NFPA 13, the installation of a fire alarm system installed according to the latest edition of NFPA 72. We are enforcing the International Fire Code 2009 Edition as amended by the Aspen Fire Protection District and adopted by the City of Aspen. I Utilities Andy Rossello, Utilities Engineer Development Review Committee Comments Re: Redevelopment of 601 E. Hyman Ave The transformer shall be located on the Project Site. The exact location is up for discussion and must meet all Engineering R.O.W. Standards, City Electrical Distribution Standards, as well as meet all applicable Electrical Code Requirements. Water service should be sized by a fire protection professional and reviewed by the Water Department. • COMMERCIAL 1,628 SF (NET) LEVEL 0 FLOOR PLAN FLOOR AREA: NET LEASABLE: 3,573 SF x 0% = 0 SF 1,826 SF COMMERCIAL )SS) F STAIR AND EL TOR /' �/ .��if���' f ml -- FLOORGREEN ROOF LEVEL 3 PLAN 123.5 SF FLOOR AREA: NET LIVABLE: EXEMPTIONS1,952 SF RESIDENTIAL 1,835 SF RESIDENTIAL 285 SF • FLOOR2,237 SF PLATE • 2,554 SF (GROSS) 2.417 SF (NET) PEDESTRIAN AMENITY 540 SF (NET) 12% OF PROPERTY 3'CANOPY - OVERHANG ABOVE SHARED LOBBY 265 SF TOTAL - COMM. 199 SF (75%) - RES. 66 SF (25%) STAIR AND ELEVATOR 280 SF TOTAL COMM. 210 SF(75%) 16COMKTRASH/RECYCLING RES. ]0 SF (25%) - COMM. 122 SF (75%) -RES. 40 SF(25%) ❑' STAIR 195SFTOTAL LEVEL 1 FLOOR PLAN - COMM. 146 SF (75%) - RES. 49 SF (25%) FLOOR AREA: NET LEASABLE: 2,554 SF RETAIL 2,417 SF COMMERCIAL +902 SF *NON -UNIT 3,456 SF FLOOR PLATE L.I IERCIAL LOBBY 'TOTAL M. 107 SF (100%) AND ELEVATOR TOTAL M.210 SF (r5%) 70 SF (25%) LEVEL 2 FLOOR PLAN FLOOR AREA: NET LEASABLE: 3,162 SF OFFICE 3,022 SF COMMERCIAL 191 SF STAIR EXEMPT +387 SF *NON -UNIT § 645 SF FLOOR PLATE FLOOR AREA TOTALS EXEMPT DECK AREA: 5,716 SF COMMERCIAL (75%) 2,250 SF FLOOR AREA ALLOWED 1,952 SF RESIDENTIAL (?5D x15 % PERCENT ALLOWED 7,668 SF TOTAL AREA (100%) 337.5 SF EXEMPT DECK AREA RESIDENTIAL AREA: DECK AREA: 2250 SF ALLOWABLE AREA 337.5 SF EXEMPT DECK AREA -1952 SF TOTAL PROPOSED AREA +298.0 SF REMAINING RESIDENTIAL FLOOR AREA 298 SF REMAINING AREA 635.5 SF TOTAL DECK AREA PROPOSED DECK AREA: 512.0 SF DECK #1 +123.5 SF DECK #2 635.5 SF TOTAL DECK AREA LEGEND NET LEASABLE FLOOR AREA NET LIVABLE FLOOR AREA DECK AREA OPEN TO BELOW NON -UNIT SPACE EXEMPTIONS =___________ PEDESTRIAN AMENITY NOW rowland + broughton architecture and urban design 234. NopW ava 3377 Make.L 106 ..pm. 81811 Earner, w 80205 970.5MSm0 30.t.]08.1373v 970.544Ja731 303.308.1375/ CruulMnM 04.20.2012 CONCEPTUAL DESIGN REVIEW APPLICATION 05.30.2012 NEIGHBORHOOD OUTREACH 06.07.2012 CONCEPTUAL DESIGN REVIEW RESU8MnTAL1 07.03.2012 CONCEPTUAL DESIGN REVIEW RESUSMITTAL 2 08.01.2012 GMOS APPLICATION 10.08.2012 CLIENT REVIEW 12.04.2012 REVISED GMOS SUBMITTAL RevkJwm: 601 EAST HYMAN AVENUE 601 E. HYMAN AVENUE ASPEN, CO 81611 PROJECT NO: 21213.00 DWG FILE: 21213-AD.2.Ev9 SHEET TITLE PROPOSED FLOOR AREA CALCULATIONS SCALE: 1116'= r-0' A0.2 • • • x tuu iu 15 zo z a ZLLI w F€ S N� N O N�6j� N�6 N i�NN S Owe" '� N 6�NON ZN6M Ng NG ryW WZ >>V 0CC O G W Otn y Cs o�n oc4 `�o�o�g :�a fOOQ mQ �i.'.o�u�aof U) as p c n 234 e.,hopkins avenue, aspen co 81611 + t 970.544.9006 + t 970.544.3473 denver 3377 blake street #106, denverco 80205 4, t 303.308.1373 + t 303.308.1375 online www.rowlandbroughton.com+otticearowlandbroughton.com Y o 0 0 1° w v �i �i t j O O tV t{Lq+� V' N t'7 Q y LL LL LL LL LL LL LL LL LL LL LL LL LL F� f (n w w 0Fps w N t� to to �e A ps 'OV R O c uQi M Ln LO pMpi� id N V R cr ci N N ci N N M M to to to N N N O N LL 6 o V. w to LL tpOo LL tCWgp LL y LL N LL to N a O O T M N O � h N U6 N N N N LLLL N ty (o {LL� N h~ O w O O pNp� to� W N .O 2 C ❑ U. co co U) U) 2 t�o rn o0i CD y W Q y co V y y y J 0 O N 10 N O 'D to Z O J JW N J M N M Owl .- I.-^ W H W Cat J O I - Z LL to LL N LL N LL N LL rn LL to LL U, LL to LL N LL N LL U Qp O O O N N N to to No _A N O O lvtyyi ow l v O to to N O c O N O t0 to Qp' O w ^ n g N M IfJ Q W d' sc W o o 8 W a< W Z W o �S 0p ° ii ¢ z Z O ? W J LLJ O U LLl C C W W W m li mm JJ 8 Q J J N (L Q LL LL p m t m < O N M Gi < LL O LL O w 1-- A B HYMANAVENUE 1 L C PROPERTY LINE I GUEST DINING BEDROOM I I I I I I I I I I E L---;U0 r BRIBE SOLEILABOVE I I I — I I � I I ItDECKL — _ _ LIVING K 91--- GREEN ROOF I I I I I I I I I I MASTER I I BEDROOM r — PROPERTY LINE PROPOSED 1 LEVEL 3 FLOOR PLAN Ay.3 SCALE 3n8'•1'-0' PLAN TRUE NORTH® rowland + broughton architecture and urban design 234•ho W.— 33TT NateK IN u .. 91511 E —. m 60205 :70.5N.9005 v 303.305.1373 v 70.544.Sa73f 303.3 1375f C.—Rants 4n�c 04.20.2012 CONCEPTUAL DESIGN REVIEW APPLICATION 05.30.2012 NEIGHBORHOOD OUTREACH 06.07.2012 CONCEPTUAL DESIGN REVIEW RE -SUBMITTAL 1 07.03.2012 CONCEPTUAL DESIGN RENEW RE -SUBMITTAL 2 08.01.2012 GMOS APPLICATION 10.08.2012 CLIENT REVIEW 12.04.2012 REVISED GMOS SUBMITTAL rr--. 601 EAST HYMAN AVENUE 601 E. HYMAN AVENUE ASPEN, CO 81611 PROJECT NO: 21213.00 DWG FILE: 21213ff2.3.4w9 SHEET TITLE PROPOSED LEVEL 3 FLOOR PLAN SCALE: 3/16'=1'-0' A2.3 A B HYMANAVENUE R PROPERTY LINE w 0 PROPERTY LINE PROPOSED 1 ROOF PLAN A2.4 SCALE 3116- 1- PLAN TRUE NORTH NORTH El 0 rowland + broughton architecture and urban design 234 a hopgiu-a 33r1 uake eL IN W . 51E11 e.,w,m 30205 9TO.5N.90091 303.305.1373, 970.54434731 303309.13751 Issue: 04.20.2012 CONCEPTUAL DESIGN REVIEW APPLICATION 05.30.2012 NEIGHBORHOOD OUTREACH 06.07.2012 CONCEPTUAL DESIGN REVIEW RE -SUBMITTAL 1 07.03.2012 CONCEPTUAL DESIGN REVIEW RE -SUBMITTAL 2 08.01.2012 GMOS APPLICATION 10.08.2012 CLIENT REVIEW 12.04.2012 REVISED GMOS SUBMITTAL R.,isl- 601 EAST HYMAN AVENUE 601 E. HYMAN AVENUE ASPEN, CO 81611 PROJECT NO: 21213.00 DWG ME: 21213_A2.4.dn SHEET TITLE PROPOSED ROOF PLAN SCALE: 3116'-7_-0' A2.4 WI I J rc 21 10 al I Q LEVEL] LEVEL: T.O. FlN. FL A LF/EL 1 LEVEL 9 a' PROPOSED B BUILDING SECTION B A5.2 SCALE: 3/15• • 1'-W �L 9e i I rowland + broughton architecture and urban design 231. hWm.— 33TTe .1.109 .'P- m 51911 a . m W205 970.51..9UD5 v 301309.13T3. 9T0.5"9 m 1 301305.13751 Cm dWa Nsul: 04.20.2012 CONCEPTUAL DESIGN REVIEW APPLICATION 05.30.2012 NEIGHBORHOOD OUTREACH 06.07.2012 CONCEPTUAL DESIGN REVIEW RESUBMnTAL1 07.03.2012 CONCEPTUAL DESIGN REVIEW RESUSIVIMAL 2 08.01.2012 GMOs APPLICATION 10.08.2012 CLIENT REVIEW 12.04.2012 REVISED GMOS SUBMITTAL • p—. 601 EAST HYMAN AVENUE 601 E. HYMAN AVENUE ASPEN, CO 81611 PROJECT NO: 21213.00 DWG FLE: 21213 A5.1.0w9 SHEET TITLE BUILDING SECTION c3a_���Li�rlsle�l s. 0 MEMORANDUM TO: Sara Nadolny, Community Development Department FROM: Cindy Christensen, APCHA Operations Manager DATE: December 6, 2012 RE: 601 E. Hyman (aka Victorian Square) Redevelopment ISSUE: The applicant is requesting approval to mitigate the employee housing requirement by purchasing affordable housing credit certificates for the redevelopment of the 601 East Hyman property. BACKGROUND: The project involves the demolition and replacement of the current two-story commercial building with a three-story mixed use building. Commercial space will be located in the basement, first and second floor, and a single-family residence is to be located on the third level. DISCUSSION: The applicant is required to mitigate for the additional employees impacted by the redevelopment. The applicant is requesting that the mitigation be in the form of the use of the affordable housing credit program. Below are the calculations to show the mitigation requirement: Existing Proposed FTE Type Location FAR FAR Difference Multiplier X Mitigation Commercial Basement 0 1,826 1,826 3.075 60% 3.36897 Commercial I" Floor 3,045 2,417 -628 4.100 60% -1.54488 Commercial 2"d Floor 2,164 3,022 858 3.075 60% 1.58301 Residential 3d Floor 0 1,835 1,835 .3 30% 1.37625 TOTAL OFF SITE MITIGATION 4.78335 The residential mitigation is based on 30% of the additional square footage of 1,835 (550.50) divided by 400 square feet (1 employee = 400 square feet of net livable area). Based on the above information, the employee housing mitigation required is 4.78335 FTE's that is being proposed to be satisfied by the purchase of the affordable housing credit certificates. RECOMMENDATION: The APCHA Board reviewed the application at their regular meeting held ,December 5, 2012 and are in agreement that providing the affordable housing credit certificates is an accepted option to satisfy the employee housing mitigation at the 4.78335 FTE's. 601 E. Hyman (aka Victorian Square) Redevelopment Page 1 �✓A� N � � �6ubi{ � AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: Aspen, CO SCHEDULED PUBLIC HEARING DATE: 2012e- STATE OF COLORADO ) ) ss. County of Pitkin ) 1, � JVA U O:� ��� j� (name, please prinf) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that 1 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 and was continuously visible from the _ day of , 20_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (Continued on next page) 0 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. The foregoing "Affidavit of Notice" was acknowledged before me this of 20L?,by day WITNESS MY HAND AND OFFICIAL SEAL My commission expires: NotaryTiiblic ATTACHMENTS AS APPLICABLE: * COPY OF THE PUBLICATION * PHOTOGRAPH OF THE POSTED NOTICE (SIGN) * LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTICD BY MAIL PUBLIC NO:ERTICICATION OF MINERAL ESTATE OWNERS NOTICE RGROWTH E: 601 E.. HYMAN AVE, MANAGEMENT AND SUBDIVISION REVIEWS Y ' BC.R.S. §24-65.5-103.3 NOTICE IS HEREBY GIVEN that a public hearing 1 will be"" on Tuesday, December 4, 2012, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, in the Sister Cities meeting room, City Hall, 130 S. Galena Street, Aspen, CO, to review the proposal submit- ted by Victorian Sqyuare, I.I.C. Go Ronald Garfield, Garfield & Hecht PC, 601 E. Hyman Ave, Aspen, CO 61611, for the property commonly known as 601 E. Hyman Ave, and legally described Victorian Square Condominiums. Applicant seeks to rede- velop the parcel with mixed use building. Com- mercial space is proposed to occupy the first and second story, with afree-market residential unit on the third story. Applicant seeks approval from the Planning and Zoning Commission for Growth Man- agement Review, which will determine the amount of mitigation that will be required for the commer- cial and free-market residential spaces, and Subdi- vision Review for the third story residential unit. For further information, contact Sara Nadolny at the City of Aspen Community Development Depart- ment, 130 S. Galena St., Aspen, CO, (970) 429.2739, Sara.Nedolny0cl.aspen.co.us. A,I E[ef��m�Ch�ir Aspen Planning and Zoning Commiulon Published in the Aspen times Weekly on Novem- ber 6, 2012 18570719] - AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 601 E. Hyman Avenue, Aspen, CO SCHEDULED PUBLIC HEARING DATE: 4 December 2012 STATE OF COLORADO ) ss. County of Pitkin ) I, Stan Clauson, 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: X Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. X Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the 16 day of November, 2012, 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. X 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) 0 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 that create more than one lot, Planned Unit Developments, Specially Planned Areas, and COWAPs 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. Sig)-� \—" The foregoing "Affidavit of Notice" was acknowledged before me this 16 day of November, 2012, by Stan Clauson. PATRICK S. RAWLEY NOTARY PUBLIC STATE OF COLORADO NOTARY ID #19994012259 My Commission Expires July 26, 2016 WITNESS MY HAND AND OFFICIAL SEAL My commission expires: '� cv Notary Public ATTACHMENTS AS APPLICABLE: • COPY OF THE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 —0.. r 1 I 11 1 �,,1�t s1• 1 '4 'iIL r I: ti' +7�'� �A •..t a 4 'i r s �„ •� a _ � ip� p� YF! .-x. �� r'.1 �e�„S y;ii« r -. �+, � ~r`'� Y 'r�'k � 3 ".n �c ¢ = ys r .'v$� '�0 'y ;:� F ��4 d :r„'Ql�: ;i stl��'�s.�a+`,i �•'�i' � T` ,�..�v 2!A;G,s � 'd q_ Ey ,fir �. a r ti 'h2- e�". r r.��. r, , ,, � } s : � t � • � <s �- �e (� �`� ^�'�. l �'. � 1:r • , {'4� M-i �� y+ 'r'!� y�. 3 � �� a :. r .� iM t , ��,'�`�� s ti "' �.,� '1a Y - 1„.,, r • r ' ` } � l+ ? 'i �`- si1�rA n * t�E t� �:� ram. _'Cj � ..^;�, ��x; - ,_ 1 � .�' • a• "a;;'��� '. may- �{ :i ,h �_•,7,J ',�! , � c r � 4 t � "~• Li ?' " �� � • , • � ' � has � r, ��� �'� � � ��� r !Q � ' �40 � n � 4 . Q u'. '.� C_ .\ o 1 r ♦I r , * . ,.� a' ' {� a .. L r �1 ♦ f_1t{y w 6-. ��O +r �� y s i. 411 i.µ h ;" ar • •+ � ~I • � G * .. (. i � +;` � i ,� 7 1, } t , Leg �y_. r '� _ S. +•. .. k4 "�..• i f'..W �d`1i,'• �S :. 1:17'.`�e;: .:t%'�-Si•.Y ,. '}. '� ..�'.fr,Fr� � •i r - , `. • 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 16 November 2012 Ms. Sara Nadolny, Planner Tech City of Aspen Community Development Department 130 S. Galena Street, 3rd Floor Aspen, CO 81611 0 Re: 601 East Hyman Avenue / Research of Mineral Estate Owners Dear Sara: On behalf of our clients, Victorian Square, LLC, and in connection with the Growth Management and Subdivision Reviews for the property located at 601 East Hyman, 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 claim or possession deeds dating to the late 19th century with the Pitkin County Clerk and Recorder's records (the "Public Records") using the Title Policy issued by Pitkin County title, Inc., Policy Number 1312- 120156, issued to Victorian Square, LLC. A review of the Public Records does not generate any record of deeds relating to mining claims or possession deeds. 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. e y # yo Stan uson, I P, ASLA STAN CLAUSON ASSOCIATES, INC. PATRICK S. RAWLEY NOTARY PUBLIC STATE OF COLORADO NOTARY ID #19994012259 My Commission Expires July 26, 2016 Signed before me this 16th day of November, 2012 by Stan Clauson. WITNESS MY HAND AND OFFICI L SEAL MY COMMISSION EXPIRES: 2z& i b pjly�tcc_S - R✓ Notary Public Notary Public's Signature PUBLIC NOTICE RE: 601 E. HYMAN AVE, GROWTH MANAGEMENT AND SUBDIVISION REVIEWS NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, December 4, 2012, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, in the Sister Cities meeting room, City Hall, 130 S. Galena Street, Aspen, CO, to review the proposal submitted by Victorian Square, LLC, c/o Ronald Garfield, Garfield & Hecht PC, 601 E. Hyman Ave, Aspen, CO 81611, for the property commonly known as 601 E. Hyman Ave, and legally described Victorian Square Condominiums. Applicant seeks to redevelop the parcel with mixed use building. Commercial space is proposed to occupy the first and second story, with a free- market residential unit on the third story. 'Applicant seeks approval from the Planning and Zoning Commission for Growth Management Review, which will determine the amount of mitigation that will be required for the commercial and free-market residential spaces, and Subdivision Review for the third story residential unit. For further information, contact Sara Nadolny at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2739, S ara.Nadolny@ci. aspen. co.us. SILJ Erspamer, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on November 8, 2012 City of Aspen Account E HOPKINS AVE ST ASPEN VS IPPLAZA LLC ELLC 1 SJA - ASSOCIATES I E ��O11 LLC + CONDO (ASSOC MpSON�& 1PITKIN I MORSEINC COUNTY 80%ITKINNTER 1�u OASSOC I 1ARCADES ;ASPENC ;ASSOCIATES `VENTOI ILTD,LLC LLC �E IDCGBLLC ASPENH CONDO AS ' Cl) COOPER 'STREET _ DEVELOPMENT LLC m Z Y ASPEN CORE VENTURES LLC tASPEN GROVE .ASSOCIATES L,LLU 'JNJ STEIN LLt'52.98% NJ STEIN• LLC 52.98% i i I t rr ► I I L--rf N o so 100 �E Feet W S This map/drawing/image is a graphical representation TROYER TRO11. AI of the features depicted and is not a legal TOWNHOMES representation. The accuracy may Change CONDOASSOC I + depending on the enlargement or reduction. [AlN 635E Copyright 2012 Aspen/Pitkin GIS BLOCK HOPKINS 11/15/2012 3:21:30 PM C:\GIS\temp\Nov12\601EHymanAve.mxd 199 LLC LLC F 601 EAST HOPKINS ' ! 0_ W CONDOASSOC tJ H j EAST Cl) 610 EAST HYMANLLC 700 EAST HYMAN HYMAN L(LC m CONDO.ASSOC EB BUILDING FORNGUL_F 1ASPEN LLC ` LTD v Cl) (-�- TAMARAWOOD 1 BUILDING Z CONDOASSOC a co r E HYMAN AVE Ira 633 ASPEN ART SPRING II MUSEUM _J308^ LLC �y HUNTE LCR `JQ REVOLOTI(A PARTNERS 1 LLC HUNTER PLAZA ASSOCIATES LLP CHATEAU I ASPEN CONDO ' ASSOC ASSOC BLD 8 BELL MOUNTAIN QUALIFIED RESIDENCES E COOPER AVE Easy Peel® Labels • A l Bend along line to Use Avery® Template 51600 j Feed Paper ® expose Pop-up Edge*"" �t1 v4i. l/!�1 LIVERY® 5160® BOOGIES BUILDING OF ASPEN LLC BORGIOTTI CLAUDIO C/O LEONARD WEINGLASS 10509 HUNTING CREST LN 534 E.COOPER AVE VIENNA, VA 22192 ASPEN, CO 81611 BRONSON RICHARD L TRUST 50% 4510 NE DELAMAR PL LEES SUMMIT, MO 64064 CAVES KAREN W 1 BARRENGER CT NEWPORT BEACH, CA 92660 CJAR LLC 2514 LAKE MEAD DR LAFAYETTE, CO 80026 DALY CAROL Y REV TRUST 0155 LONE PINE RD C-11 ASPEN, CO 81611 EB BUILDING ASPEN LLC 1601 ELM ST #4000 DALLAS, TX 75201 ERGAS VENESSA BLAIR & CLAUDE PO BOX 4316 ASPEN, CO 81612 CALGI RAYMOND D 134 TEWKESBURY RD SCARSDALE, NY 10583 CHATEAU ASPEN CONDO ASSOC 630 E COOPER AVE ASPEN, CO 81611 3 COOPER SPRINGS LLC 4 EASTON OVAL COLUMBUS, OH 43219 DCGB LLC ATT GIORGIO RIGHETTI CFO 610 WEST 52 ST NEW YORK, NY 10019 ECCHYMOSIS LLC 4802 E 2ND ST # 2 LONG BEACH, CA 90803 EXELCEDAR INC 20% 534 E HYMAN AVE ASPEN, CO 81611 BPOE ASPEN LODGE #224 210 S GALENA ST #21 ASPEN, CO 81611 CARVER RUTH A & MARTIN G 10 BYRON LN MUSCATINE, IA 52761 CHATEAU ASPEN UNIT 21-A LLC 421 ASPEN AIRPORT BUSINESS CTR STE G ASPEN, CO 816113551 COOPER STREET DEVELOPMENT LLC C/O PYRAMID PROPERTY ADVISORS 418 E COOPER AVE #207 ASPEN, CO 81611 DIBRELL CHARLES G JR & FRANCES 24 ADLER CIR GALVESTON, TX 77551-5828 i ELLERON CHEMICALS CORP 2101 WAUKEGAN RD #210 BANNOCKBURN, IL 60015 FEHR EDITH B REVOCABLE TRUST 543 FOX RUN DR CARBONDALE, CO 81623-8502 FERRY JAMES H III FITZGERALD FAMILY PARTNERSHIP LTD FLY MARIE N BOX 167 C/O PITKIN COUNTY DRY -GOODS LLC 7447 PEBBLE POINTE GLENCOE, IL 60022-0167 520 E COOPER W BLOOMFIELD, MI 48322 ASPEN, CO 81611 FURNGULF LTD A COLO JOINT VENTURE 616 E HYMAN AVE ASPEN, CO 81611 GOFEN ETHEL CARO TRUSTEE 455 CITY FRONT PLAZA CHICAGO, IL 60611 GELD LLC C/O LOWELL MEYER PO BOX 1247 ASPEN, CO 81612-1247 GOLDEN PANTHERS LLC 60 S MARKET ST #1400 SAN JOSE, CA 95113-2396 GILBERT GARY 1656 ROYAL BLVD GLENDALE, CA 91207 GONE WEST LLC 401 W CENTER SEARCY, AR 721451406 ttlquettes faciles A peler i ® Repliez A la hachure afin de S www.avery.com = Utilisez le gabarit AVERY® 51600 j charyement MAW le rebord Pop-upLc 1-800-GO-AVERY � Easy Peel® Labels i ® Bend along line to `� ���� �7► AVERY@ 5160® i Use Avery® Template 51600 Feed Paper ® expose Pop-up EdgeTM GOODING SEAN A 80% & RICHARD L. 20% CIO PARAGON RANCH INC 620 E HYMAN AVE #1 E ASPEN, CO 81611 GROSFELD ASPEN PROP PART LLC 10880 WILSHIRE BLVD #2222 LOS ANGELES, CA 90024 HIMAN LLC PO BOX 6159 SWANBOURNE WA 6010 AUSTRALIA, HUNTER PLAZA ASSOCIATES LLP 205 S MILL ST #301A ASPEN, CO 81611 GORDON LEONARD & ELLEN 12204 GALESVILLE DR GAITHERSBURG, MD 20878 HEMP SUZANNE LIV TRUST 15470 POMONA RD BROOKFIELD, WI 53005 HORSEFINS LLC 601 E HOPKINS AVE ASPEN, CO 81611 ISRAEL FAMILY PARTNERSHIP LTD 616 OCEAN BLVD GOLDEN BEACH, FL 33160 JOSHUA & CO REAL ESTATE HOLDINGS JOYCE EDWARD LLC 1310 RITCHIE CT 300 S HUNTER ST CHICAGO, IL 60610 ASPEN, CO 81611 KRAJIAN RON KUTINSKY BRIAN 617 E COOPER AVE #114 26480 NORMANDY RD ASPEN, CO 81611 FRANKLIN, MI 480251034 MALLARD ENTERPRISES LP 317 SIDNEY BAKER S #400 KERRVILLE, TX 78028 MATTHEWS ZACHARY PO BOX 10582 ASPEN, CO 81612 MCMURRAY WILLIAM & HELEN 29 MIDDLE HEAD RD MOSMAN NSW 2088 AUSTRALIA, MARTELL BARBARA 702 E HYMAN AVE ASPEN, CO 81611 MAVROVIC ERNA 530 E 72ND ST APT 15-C NEW YORK, NY 10021 MJM AMENDED & RESTATED TRUST 1776 SOUTH LN NORTHBROOK, IL 60062 GREENWAY COMPANY INC 666 TRAVIS ST #100 SHREVEPORT, LA 71101 HENDRICKS SIDNEY J YOLANDE EVERHARD 6614 LAKE VILLE RD PETALUMA, CA 94954-9256 HUNKE CARLTON J LVG TRST 4410 TIMBERLINE DR SW FARGO, ND 58103 JENNE LLP 1510 WINDSOR RD AUSTIN, TX 77402 KOEPPEL KEVIN F TRUST 3551 ST GAUDENS RD COCONUT GROVE, FL 33133 LCT LP TENNESSEE LIMITED PARTNERSHIP PO BOX 101444 NASHVILLE, TN 37224-1444 MASON & MORSE INC 514 E HYMAN AVE ASPEN, CO 81611 MAYFAIR INVESTMENTS LLC PO BOX 268 RICHMOND VICTORIA 3121 AUSTRALIA, MJM HOLDINGS II LLC 1701 GOLF RD TOWER 3 STE 203 ROLLING MEADOWS, IL 60008 MOEN DONNE & ELIZABETH FAM TRUST MORRIS ROBERT P MYSKO BOHDAN D 8 CABALLEROS RD 600 E HOPKINS AVE STE 304 615 E HOPKINS ROLLING HILLS, CA 90274 ASPEN, CO 81611 ASPEN, CO 81611 ttiquettes faciles a peler ' A Repliez ii la hachure afin de i www.avery.com chargement p p Utilisez le gabarit AVERY® 5160® Sens de r6v6ler le rebord Po -u "c ' 1-800-GO-AVERY ) ................. . Easy Peel® Labels ♦ Rend along fine to •i I fy AVERY0 5160® Use Avery® Template 51600 Feed Paper expose Pop-up Edge*" N S N ASSOCIATES INC NATTERER HELEN NEUMANN MICHAEL 11051 W ADDISON ST 67 BAYPOINT CRIES 7381 MOHASNIC DR FRANKLIN PARK, IL 60131 OTTAWA ONTARIO BLOOMFIELD HILLS, MI 48301 CANADA K2G6R1, NIELSON COL STEVE & CAROL D NJ STEIN LLC 52.98% NONNIE LLC 501 S FAIRFAX 418 E COOPER AVE #207 PO BOX 565 ALEXANDRIA, VA 22314 ASPEN, CO 81611 ASPEN, CO 81612 OBERHOLTZER JORDAN OLITSKY TAMAR & STEPHEN P & L. PROPERTIES LLC PO BOX 10582 PO BOX 514 101 S 3RD ST #360 ASPEN, CO 81612 GWYNEDD VALLEY, PA 19437 GRAND JUNCTION, CO 81501 PACIFIC WEST INVESTMENTS LLC PEARSON REBECCA J PETERSON CHRISPY & JAMES E 320 MARTIN ST #100 1610 JOHNSON DR 867 HAVEN CREST CT NORTH BIRMINGHAM, MI 480091485 STILLWATER, MN 65082 GRAND JUNCTION, CO 81506 PITKIN CENTER CONDO OWNERS PITKIN COUNTY BANK 80% PLATNIUM GLOBAL VENTURES LLC ASSOC 534 E HYMAN AVE 344 PROSPECT ST #D 517 W NORTH ST ASPEN, CO 81611 LA JOLLA, CA 92037 ASPEN, CO 81611 PORTE BROOKE RAHLEK LTD AT BANK OF AMERICA RED FLOWER PROP CO PTNSHP 3520 PADDOCK RD 3903 BELLAIRE BLVD 575 MADISON AVE #1006 WESTON, FL 33331 HOUSTON, TX 77025 NEW YORK, NY 100222611 REICH DANIELS TRUST 20% REICH MELVIN L TRUST 80% REUSS/LIGHT LLC 6 RINCON ST 4609 SEASHORE DR PO BOX 5000 IRVINE, CA 92702 NEWPORT BEACH, CA 92663 SNOWMASS VILLAGE, CO 81615 REVOLUTION PARTNERS LLC RG COOPER ST 4.83% ROSS JOHN F PO BOX 1247 C/O RONALD GARFIELD 7600 CLAYTON RD ASPEN, CO 81612 601 E HYMAN AVE ST LOUIS, MO 63117 ASPEN, CO 81611 RUBENSTEIN ALAN B & CAROL S RUST TRUST RUTLEDGE REYNIE 57 OLDFIELD DR 9401 WILSHIRE BLVD #760 51 COUNTRY CLUB CIR SHERBORN, MA 01770 BEVERLY HILLS, CA 90212 SEARCY, AR 72143 S & S REALTY PARTNERS LLC SANDIFER C W JR TRUST 50% SCHEUERMAN JOANNE E 1040 FIFTH AVE #2C 240 LINDEN DR 200 LOCUST ST #23A NEW YORK, NY 10028 BOULDER, CO 80304 PHILADELPHIA, PA 19106 Etiquettes faciles h peler ♦ Repllez h la hachure afin de www.avery.com = Utilisez le gabarit AVERY®5160® cha gement r6v6ler le rebord Pop-up"lc1-800-GO-AVERY .................... Easy Peel® Labels i A Bend along line to /�VEPtY® 5160® Use Avery® Template 51600 Feed Paper ® expose Pop-up Edge*"" b SCHNITZER KENNETH L & LISA L SEGUIN JEFF W & MADALYN B TRUST SEGUIN MARY E TRUST 2100 MCKINNEY AVE #1760 617 E COOPER #412 2404 LORING ST #165 DALLAS, TX 76201 ASPEN, CO 81611 SAN DIEGO, CA 92109 SHUMATE MARK SILVER DIP EQUITY VENTURE LLC SJA ASSOCIATES LLC BLDG 421 G ABC 2100 MCKINNEY STE 1760 418 E COOPER AVE #207 ASPEN, CO 81611 DALLAS, TX 75201 ASPEN, CO 81611 SNOWMASS CORPORATION STEIN BUILDING LLC 23.11% STERLING TRUST COMP 174 CALLAWASSIE DR 601 E HYMAN AVE 2091 MANDEVILLE CYN RD OKATIE, SC 29909 ASPEN, CO 81611 LOS ANGELES, CA 90049 SUITE 300 OFFICE LLC SWEARINGEN WILLIAM F TENNESSEE THREE 567 SAN NICOLAS DR PENTHOUSE 450 CONWAY MANOR DR NW PO BOX 101444 NEWPORT BEACH, CA 92660 ATLANTA, GA 303273518 NASHVILLE, TN 37224-1444 TENNESSEE THREE RENTALS TERMINELLO DENNIS J & KERRY L THOMPSON ROSS & LYNETTE C/O J H COBLE 656 RIDGEWAY 1502 GREYSTONE DR 5033 OLD HICKORY BLVD WHITE PLAINS, NY 10605-4323 CARBONDALE, CO 81623 NASHVILLE, TN 37218-4020 TOMKINS FAMILY TRUST TREUER CHRISTIN L VALISE FAMILY TRUST 520 E COOPER AVE #209 981 E BRIARWOOD CIR N 3020 PLAZA DE MONTE ASPEN, CO 81611 LITTLETON, CO 80122 LAS VEGAS, NV 89102 WALLEN-OSTERAA REV LIVING TRUST WALLING REBECCA WARNKEN MARK G 36 OCEAN VISTA 350 BLANCA AVE PO BOX 556 NEWPORT BEACH, CA 92660 TAMPA, FL 33606 STILLWATER, MN 550820556 WAVO PROPERTIES LP WEIDEL LAWRENCE W WEIGAND BROTHERS LLC 512 112 E GRAND AVE #200 PO BOX 1007 160 N MARKET DES MOINES, IA 50309-1942 MONROE, GA 30655 WICHITA, KS 67202 WELLS RICHARD A & SUSAN T TRUST WHITE WINDOWS LLC WILLIAMS CRAIG & LEE FAM PTNRSHP 100 N TRYON ST 47TH FLR 614 E DURANT AVE 5577 CEDAR CREEK CHARLOTTE, NC 28202 ASPEN, CO 81611 HOUSTON, TX 77056 WISE JOSEPH WOLF LAWRENCE G TRUSTEE WOODS FRANK J III 1320 HODGES ST 22750 WOODWARD AVE #204 51027 HWY 6 & 24 STE 100 RALEIGH, NC 27604-1414 FERNDALE, MI 48220 GLENWOOD SPRINGS, CO 81601 ttiquettes faciles a peler ' A Repliez b la hachure afin de ; www.avery.com Sens de Utilisez le gabarit AVERY® 51600 0 1 cha gement r6v6ler le rebord Pop-upl'c� • 1-800-GO-AVERY d Easy Peel® Labels • A Bend along line to = �� �' Q AVErtY® 5160® Use AveryO Template 51600 Feed Paper '�'� expose Pop-up Edge *M WRIGHT CHRISTOPHER N YERAMIAN CHARLES REV TRUST ZENSEN ROGER 13 BRAMLEY RD PO BOX 12347 313 FRANCES THACKER LONDON W10 6SP UK, ASPEN, CO 81612 WILLIAMSBURG, VA 23185 I`_tiquettes faciles h peter ; A Repliez b la hachure afin de ; www.avery.com Utilisez le abarit AVERY® 51600 Sens de r�v�ler le rebord Po -u �+� 1-800-GO-AVERY 9 ) chargement P P ) A • E ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Victorian Square Condominums Applicant: Victorian Square, LLC Location: 601 E. Hyman Avenue Zone District: Commercial (C-1) Lot Size: 4,500 sq. ft. Lot Area: 4,500 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: 5,209 sq. ft. Proposed. 7,265 sq. ft. Number of residential units: Existing: 0 Proposed.• 1 Number of bedrooms: Existing: o Proposed.• 3 Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: 6,292 sq. ft.Allo►vable: 11,250 sq. ft. Proposed: 8,957 sq. ft. Principal bldg. height: Existing: 28' Allowable: 40' Proposed.• 36' Access. bldg. height: Existing: Allowable: Proposed.-, On -Site parking: Existing: 0 Required: 1 Proposed. 0 % Site coverage: Existing: 69% Required.• n/a Proposed.• 88% % Open Space: Existing: 595 sq. ft. Required: 595 sq. ft. Proposed. 540 sq. ft. Front Setback: Existing: 1'-5' Required: n/a Proposed.• Rear Setback: Existing: 5' Required. • n/a Proposed: Combined F/R: Existing: 6-10' Required.• n/a Proposed: Side Setback: Existing: East: 5' Required.• n/a Proposed: Side Setback: Existing: West:10' Required.• n/a Proposed:. Combined Sides: Existing: 15' Required: n/a Proposed.• Distance Between Existing Required: n/a Proposed: Buildings Existing non -conformities or encroachments: None. Variations requested: None requested. • STAN CLAUSON ASSOCIATES (Nc 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 2 November 2012 Ms. Sara M. Nadolny, Planning Technician City of Aspen Community Development 130 S. Galena Street, 31d Floor Aspen, CO 81611 • Re: 601 East Hyman Avenue / Revised GMQS Architectural Plans Dear Sara: On behalf of our client and in connection with the GMQS Application for 601 East Hyman Avenue submitted on 10 August 2012, please find enclosed ten (10) 1 1x17 and two (2) 24x36 sets of the revised plans. We also include a revised Attachment 3, Dimensional Requirements Form. The revised plans have incorporated the modifications that were made after the Conceptual Commercial Design Review approval on 3 July 2012. These modifications consisted of: • Provision of additional public amenity space; • Reduction of the building overhang on the Hyman Avenue fagade; • Reconfiguration of the stair tower into the interior of the building; and • Inclusion of subgrade space in net leasable calculations. When the application was remanded by Council at the call-up hearing to P&Z for final approval of public amenity space, it was determined by the P&Z that the public amenity space should be reduced to 12% of the total lot area, or 540 sq. ft. To accomplish this reduction, the P&Z stipulated that the overhang along the Hyman Avenue fagade could be extended up to three feet. The reduction of open space also required that the western fagade be moved closer to Hunter Street. This focused the pedestrian experience on Hunter Street, as recommended by Staff. The enclosed revised plans respond to the direction provided by P&Z and Staff and show an overhang on the Hyman Avenue fagade of 3 feet while the Hunter Street fagade has been shifted west. With the public amenity space reduced, minor adjustments to the proposed total floor area, net leasable and net livable calculations have resulted. Proposed total floor area is now 8,957 sq. ft., an increase of 120 sq. ft. Net leasable has increased 135 sq. ft. to 7,265 sq. ft. and net livable has increased only 8 sq. ft. for a new total of 1,835 sq. ft. of residential. The proposed building still does not request any variances. We look forward to presenting the building at the P&Z hearing on 4 December 2012. Very truly yours, Patrick S. Rawley, AICP Stan Clauson Associates, Inc. Enclosure % ' , • • 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 21 November 2012 Ms. Sara M. Nadolny, Planning Technician City of Aspen Community Development 130 S. Galena Street, 3rd Floor Aspen, CO 81611 Re: 601 East Hyman Avenue / Supplemental Drawings - Deck Revisions Dear Sara: On behalf of our client and in connection with the Growth Management application for 601 East Hyman Avenue, please find enclosed ten (10) 11 x 17 sets of the partially revised architectural drawing set which contain the revisions to the proposed decks. We also enclose two (2) sets of 24 x 36. The attached architectural drawings have been revised to reflect the reductions of the deck square footage to comply with Sec. 26.575.020(D) (4)Measuring Floor Area, Decks, Balconies, Loggias, Gazebos, Exterior Stairways, and Non -Street -facing porches. The revisions made to the architectural drawings consist of: • Sheet A0.2 - The required reduction of the deck area has occurred by the removal of the deck off of one of the guest bedrooms on the Hyman Avenue side of the building and the reduction of the decks off of the master bedroom and the main living area. Total deck area is now calculated as 635.5 sq. ft. The Land Use Code allows 15% of the maximum floor area of the individual use proposed to be provided as deck area exempt from floor area calculation. Maximum floor area in the C-1 zone district for multi -family residential is .5:1. On the 4,500 sq. ft. lot this equates to 2,250 sq. ft. of available residential floor area. The proposed building contains 1,952 sq. ft. of multi -family residential floor area, thereby leaving 298 sq. ft. of unused floor area. Taking the allowed deck exemption of 15% of maximum floor area for the use, 337.5 sq. ft. of deck space is exempt from floor area calculation. Utilizing the remaining residential floor area of 298 sq. ft. for deck space, the revised proposed building arrives at the 635.5 sq. ft. of total deck area proposed. • Sheet A2.1 - Only the areas associated with the deck calculation have been modified. Net livable, leasable, and proposed floor area has not changed. • Sheet A2.3 - Shows the reduction of deck area, as outlined above. The areas adjacent to the master bedroom and living area which were formerly deck space has been converted to areas of green roof. These areas will be demised so that they will not be accessible to building occupants. • Sheet A2.4 - Drawing incorporates the roof treatments which complement the reduced decks areas below. E 1Q1 '� Sara Nadolny, Planning 1 echnician • 601 E. Hyman Avenue Supplemental Drawings - Deck Revisions Page 12 • Sheet A5.2 - Illustrates the proposed raised nature of the green roof off of the living area. The raised nature of the green roof makes additional railings unnecessary. We look forward to presenting the building at the upcoming hearing on 4 December. Please do not hesitate to contact us with any questions. Very truly yours, Patrick S. Rawley, AICP Stan Clauson Associates, Inc. Enclosure THE CITY OF ASPEN Land Use Application Determination of Completeness Date: August 20, 2012 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0050.2012.ASLU — 601 E. Hyman_A planner has not been assigned to this case and will not be until the call-up process is complete. ❑ Your Land Use Application is incomplete: Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. Your Land Use Application is complete: If there are not missing items listed above, to begin the land use review process. then your application has been deemed complete Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank You, nnifer Phelan, Deputy Director City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required SPA PUD COWOP Yes Nox— Subdivision (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No Commercial E.P.F. 273*7 18 22 5081 Fib Edit Record bob Form Reports format Tab Hey Routing�afus Ifees IFeeSxrmarY IfI jk9ne*jRwh Nod IYaWbo 1Ndk ICUOMRiA ISIPer�s IParci I. W LadLl e j P?<md AUiess EHYMANAVE I,,. AT ie Cry EN atEa I. zq 812 E Master pri R* Aop 3l1012 I. Print I,., gk Cam, D FOR M t1SE VUOfw M Mw WH GW FOR STAM OF COMA DEVELOPMENT I. Sut lied AW 92 2M Clonk R NC]O Expires 3 • 8rba�t�ria �• Last nart ft> aaoe il8 E COOPER AVE 1 Phase Addess CO81811 4*v 0OWM s appu? 0 Caahada a *A? Last name 3� E HYMAN 2 Phase CLxtt 5185 I•" Addess VEN CO81811 Laker Last name Frst nave Phase Addess Gef I�63 aOS0.2012 . m N