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coa.lu.co.632 E Hopkins Ave.0026.2013.ASLU
0026.2013.ASLU 632 E. HOPKINS THE SPRING BUILDING 2737 0733 2006 j CO DO PLAT O /// S M EAD No. ET2-150C UPC 27110 smead.com • Made in USA �cvcr,� �J� CO r m If N?� I FM USED N 145 PRODUQ UNE S F I ►AWS,NE SOUK R+ REOU MtdTS OF THE SA PROCAAM ERONEU � WURUNG NlW1N—SFVWJGRANLORC �14 IC t THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0026.2013.ASLU PARCEL ID NUMBERS 2737-07-3-32-006 PROJECTS ADDRESS 632 E HOPKINS AVE PLANNER DREW ALEXANDER CASE DESCRIPTION CONDO PLAT REPRESENTATIVE ADAM ROY DATE OF FINAL ACTION 10/31/2014 CLOSED BY ANGELA SCOREY ON: 3.19.15 RED MOUNTAIN RA Aari1V, I.VLVI'iOiVl I 1 ---------- r ` N � G err oar �. IF1G0 Rp DR. r/<<�1GN8`I 1 d� ASPEN /NSr/r(/rf N° PAft!( y Rf0 ILrrf D/rnR/U C/ crmrrfRr O a TA m rN .tcyoo�t �2 \� c f "a 1a o\y O PANTS AF / 2 /. MA6%" PARR t PAfTtKf PARK 1 fKatr mxf AIMt 9 ry� t UTr CAftDRfWS A -?' 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History 6 Documents Cart of Good Standing File a Document Subscribe Email Notification .subscribe Email Notification ID Number: Business Home Business Information auslness Search FAQs, Glossary and Information Name Registered Agent: Registered Agent Street Address: Registered Agent Mailing Address Principal Street Address: Principal Mailing Address: Status: Form: Jurisdiction: Formation Date: Term of Duration: Periodic Report Month: You may Summary 20111516636 Hopkins Development LLC Chris LaCroix Garfield & Hecht, P.C., 601 East Hyman Avenue, Aspen, CO 81611, United States c/o Rudin West, LLC, 345 Park Avenue - 33rd Floor, New York, NY 10154, United States Good Standing Limited Liability Company Colorado 09/ 12/2011 Perpetual September • View History and Documents • Obtain Certificate of Good Standing • File a Document • Set Up Secure Business Filing for this Record • Subscribe to email notification regarding this record • Unsubscribe from email notification regarding this record Prevfan Page Terms and Conditions http://www.sos.state.co.us/biz/BusinessEntityDetail.do?quitButtonDestination=BusinessEn... 4/23/2013 • RECEIVED 1 7 2013 CITY OF .ASPEN COMMUNITY DEVELOPMENT THE SPRING BUILDING REDEVELOPMENT (632 East Hopkins Ave.) Condominium Plat Application • • Application for Administrative Approval of the Condominium Plat for the Property at 632 East Hopkins Ave. in Aspen, Colorado Submitted by: Hopkins Development, LLC 345 Park Avenue, 33rd Floor New York, NY 10154 212.407.2511 April 18, 2013 Prepared by: Adam C. Roy 119 South Spring Street, #203 Aspen, CO. 81611 (970) 274.0890 TABLE OF CONTENTS I. INTRODUCTION...........................................................................................1 II. PROPERTY BACKGROUND........................................................................2 III. REGULATORY REQUIREMENTS............................................................2 A. Section 26.480.090.6...........................................................................3 Appendix — APPLICATION DOCUMENTS........................................................ A I. INTRODUCTION The intention of this application is to request an administrative approval of a Condominium Plat for the improvements associated with the project at 632 East Hopkins Avenue, known as The Spring Building (the "Property"), in the City of Aspen, Colorado (Legal Description - CITY AND TOWNSITE OF ASPEN Block: 98 Lot: S AND EAST HALF OF LOT R). This application is submitted pursuant to Title 26, Land Use Regulations, of the 2013 Aspen Municipal Code (the "Code") by the ownership of the property, Hopkins Development, LLC (the "Applicant"). The Pre -Application Conference Summary, Proof of Ownership, a Letter of Representation, the Land Use Application Form, the Dimensional Requirement Form, and the Agreement for Payment Form are provided in the Appendix as Exhibits 1-6 respectively. This application packet is organized in sections to provide the reviewer(s) with easy reference to the requested material included in the following sections: ■ Background on the existing property and any previous approvals as well as the documentation of any correspondence that has occurred between the Applicant and the Community Development Department and other City Departments; ■ Regulatory Requirements identifying what areas of the Code are relevant to the Condominium Plat being reviewed. All required or otherwise related application material and supporting documents for the administrative review are included in appendices at the back of this application packet. Page I 1 II. PROPERTY BACKGROUND Located at the northwest corner of the intersection of East Hopkins Avenue and South Spring Street, the 4,500 square foot property is situated on the eastern edge of both the City of Aspen's C-1 zone district (Exhibit 7). The prior existing two-story building on the Property was initially constructed in 1976 and only minor interior renovations have occurred since this date, none of which required additional Land Use approvals or Certificates of Occupancy to be issued. An application for Conceptual Commercial Design Review was reviewed and approved in a 4-0 unanimous vote during a public hearing before Planning and Zoning Commission on July 20, 2010 (Exhibit 8). A Final Commercial Design Review application and application for GMQS was reviewed and approved during a public hearing before Planning and Zoning Commission and is attached as Exhibit 9 to this application. The final Development Order is attached as Exhibit 10. The three (3) story above grade building with a single basement level below grade was completed and a Certificate of Occupancy issued at the end of 2012 (Exhibit 11). There is currently only one owner of the building and no additional ownership members of the Home Owners Association. The basement level consists of mechanical and storage area. The first level contains a mix of common area circulation, parking and commercial area. The second level is a mix of common circulation and commercial area while the third level use is exclusively free-market residential with supporting vertical circulation. All layout and depictions on the Condominium Plat Map are consistent with previously approved building permits and the accompanying architectural drawings. The Condo Plat Map is provided as Exhibit 12 in this application packet and as separate 24X36 scaled drawing sets. The residential unit and each of the condominiumized commercial units are identified with unit numbers. Each of the Limited Common Element areas in the basement are denoted by single numbers, 1-5. Page 12 0 • III. REGULATORY REQUIREMENTS Pursuant to Section 26.480.090 of the Code, because the building will be divided into a condominium form of ownership, a condominium plat shall be submitted to the Community Development Director for review and approval, and in accordance with the following requirements. A. Section 26.480.090.13 1. Contents of Application All items listed within this subsection and that constitute a completed application for review are provided as Exhibit 12 in the Appendix of this application. All items that are to be generated following review and approval will be provided at that point in time. 2. Recordation Upon approval of the submitted condominium plat, the plat will be printed on mylar and recorded with the County Clerk and Recorder within 180 days of the approval date. 3. Subdivision Agreement No Subdivision agreement was required for the approvals associated with this property. Page 13 • • • • • APPENDIX —APPLICATION DOCUMENTS Exhibit 1. Pre -Application Conference Summary from 02.07.2013 • • Exhibit 2. Proof of Ownership • Exhibit 3. Letter of Representation Exhibit 4. Land Use Application • • Exhibit 5. Dimensional Requirements Form • Exhibit 6. Agreement for Payment Form • Exhibit 7. Property Vicinity Map Exhibit 8. Conceptual Design P&Z Resolution (No. 16, Series of 2010) Exhibit 9. Final Design and GMQS Resolution (No. 20, Series of 2010) • • Exhibit 10. Final Development Order • Exhibit 11. Project Certificate of Occupancy • Exhibit 12. 632 East Hopkins Condominium Plat Map • • • • • • • • • • • • • • • • • • A • • • n L_-A EXHIBIT 1 • CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Jessica Garrow — 970.429.2780 DATE: 2.7.2013 PROJECT: 632 E Hopkins, Condominiumization REPRESENTATIVE: Adam Roy, 925-3444 TYPE OF APPLICATION: Condominiumization DESCRIPTION: Development at 624 E Hopkins is nearing completion, and the owner is interested in condominiumizing the building. No condominium exists today. Condominiumization is an administrative approval requiring a land use application. If there is an HOA, their approval is required to proceed with the condo min iumization. A copy of the Land Use Application form, as well as planning fees are located online at: http://www.aspenpitkin.com/Departments/Community-DevelopmenUPlanning-and-Zoning/Applications-and-Fees/ A copy of the Land Use Code is available online at: http://www.aspenpitkin.com/Departments/Community-DevelopmenVPlanning-and-Zoning/Title-26-Land-Use-Code/ Land Use Code Section(s) • 26.304 Common Development Review Procedures 26.480.090 Condominiumization Review by: - Planning and Engineering Staff for compliance . - Community Development Director for approval Public Hearing: No hearing required Planning Fees: $650 Deposit for 2 hours of staff time. Additional staff time required is billed at $325/hour Referral Fees: Engineering, billed at $265/hour (1 hour deposit is taken), Total Deposit: $ 915 (Additional fees will be required for recording the plat. Those fees will be identified • and due just prior to filing of the plat.) Total Number of Application Copies: Two (2) • To apply, submit the following information: 1. Total Deposit for review of application. 40 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the . name, address, and telephone number of the representative authorized to act on behalf of the applicant. • 3. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the . parcel, and demonstrating the owner's right to apply for the Development Application. 4. Completed Land Use Application. 5. Signed fee agreement. 6. Pre -application Conference Summary. • 7. An 81/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 8. Proof of ownership. 9. Letter of consent from the HOA. EXHIBIT 2 COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No.: 01330-1893- Amended No. A 1. Effective Date: July 25, 2012 at 8:00 A.M. 2. Policy or Policies to be issued: Amount of Insurance (a) A.L.T.A. Owner's Proposed Insured: (b) A.L.T.A. Mortgagee's Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the said estate or interest in said land is at the effective date hereof vested in: Hopkins Development LLC, a Colorado limited liability company 5. The land referred to in this Commitment is described as follows: See Attached Legal Description Purported Address: 632 East Hopkins Avenue Aspen, CO 81611 STATEMENT OF CHARGES These charges are due and payable before a policy can be issued Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. •• .••- File No. 01330-1893 Page 1 of 2 CO STG ALTA Commitment Sch A STO - -,K� g<.a.ant� -y • 0 SCHEDULE A LEGAL DESCRIPTION The East One -Half (1/2) Of Lot R And All Of Lot S Block 98 CITY AND TOWNSITE OF ASPEN COUNTY OF PITKIN, STATE OF COLORADO. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. .•. ,. „ File No. 01330-1893 Page 2 of 2 _ CO STG ALTA Commitment Sch A STO i� qk.a r�n «may • COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART File No.: 01330-1893- Amended No. A The following are the requirements to be complied with: 1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as NONE AT THIS TIME NOTE: This product is for informational purposes only. It is not a title insurance product and does not provide any form of coverage. This product is not a guarantee or assurance, and does not warrant, or otherwise insure, any condition, fact or circumstance. This product does not obligate this Company to issue any policies of title insurance for any subsequent transaction based on the information provided or involving the property described herein. This Company's sole liability for any error(s) relating to this product is limited to the amount that was paid for this product. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the dale of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. •.� ••- File No. 01330-1893 Page 1 of 1 CO STG ALTA Commitment Sch B I �war—tv car 0 0 COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II File No.: 01330-1893- Amended No. A Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the Effective Date but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 6. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance thereof. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and any unredeemed tax sales. 9. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or homeowners association or inclusion in any water service or street improvement area. 10. Resolution No. 16 Aspen Planning and Zoning recorded August 4, 2010 as Reception No. 572357. 11. Resolution No. 20 by Aspen Planning and Zoning recorded December 2, 2010 as Reception No. 575569. 12. License Agreement between The Hopkins Street Venture and Philip Rothblum and Marcia Rothblum recorded June 13, 1996 as Reception No. 393676. 13. Brick Wall from property to the west encroaching onto subject property along the property line as shown on the Improvement Survey by Rocky Mountain Surveying, dated 9/2008 No. 08545 14. A Deed of Trust dated September 18, 2011, executed by Hopkins Development LLC, a Colorado limited liability company, to the Public Trustee, to secure an indebtedness of $6,300,000.00 in favor of JPMorgan Chase Bank, N.A. recorded October 18, 2011 as Reception No. 583641. 15. Construction Loan Assignment of Leases and Rents recorded October 18, 2011 as Reception No. 583642. 16. UCC Financing Statement from Hopkins Development LLC, debtor to JPMorgan Chase Bank N.A. recorded October 19, 2011 as Reception No. 583697. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the Amencan Land Title Association. �, File No. 01330-1893 Page 1 of 2 s}`^t CO STG ALTA Commitment Sch B 11 STO g aranp cc—y 10 • COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ••, . File No. 01330-1893 Page 2 of 2 CO STG ALTA Commitment Sch B 11 STO •-t�n�y Jq" DISCLOSURES File No.: 01330-1893 Pursuant to C.R.S. 10-11-122, notice is hereby given that: A. THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; B. A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; C. INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR Note: Colorado Division of Insurance Regulations 3-5-1, Subparagraph (7) (E) requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title - Aspen conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled Mechanic's and Materialmen's Liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure: a. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and b. That such mineral estate may include the right to enter and use the property without the surface owner's permission. NOTE: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN INCLUDES AN EXCEPTION FOR SEVERED MINERALS. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN, UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. File No.: 01330-1893 CO Commitment Disclosure • • STG Privacy Notice 1 (Rev 01/26/09) Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm -Leach -Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business —to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. Reasons we can share your personal information Do we share? Can you limit this sharing? For our everyday business purposes— to process your transactions and maintain your account. This may include running the business and managing Yes No customer accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. For our marketing purposes— to offer our products and services to you. Yes No For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and non -financial companies. Our Yes No affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company For our affiliates' everyday business purposes— information about your No We don't share creditworthiness. For our affiliates to market to you Yes No For non -affiliates to market to you. Non -affiliates are companies not related by No We don't share common ownership or control. They can be financial and non -financial companies. We may disclose your personal information to our affiliates or to non -affiliates as permitted by law. If you request a transaction with a non -affiliate, such as a third party insurance company, we will disclose your personal information to that non -affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] Sharing practices How often do the Stewart Title Companies We must notify you about our sharing practices when you request a transaction. notify me about their practices? How do the Stewart Title Companies To protect your personal information from unauthorized access and use, we use protect my personal information? security measures that comply with federal and state law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies We collect your personal information, for example, when you collect my personal information? • request insurance -related services • provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. Contact Us I If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Comoanv. 1980 Post Oak Blvd., Privacv Officer, Houston, Texas 77056 File No.: 01330-1893 Page 1 of 1 EXHIBIT 3 February 25, 2013 Chris Bendon Director of Community Development City of Aspen 130 S. Galena Street, 3`d Floor Aspen, CO 81611 Re: 632 East Hopkins Condominiumization Application Representation Dear Mr. Bendon: This letter is to serve as authorization for Adam Roy to represent Rudin West, LLC with the proceedings for the application for Condominiumization following the redevelopment of the property at 632 East Hopkins Avenue, Aspen, CO 81611. Adam Roy and representatives from David Johnston Architects are authorized to act on the behalf of the ownership of the property for all matters pertaining to this application and contacted at the following location: David Johnston Architects, pc 119 South Spring Street, Suite 203 Aspen, CO. 81611 970-925-3444 Please feel free to contact us if you have any further questions regarding this authorizing letter. Cinnaraly vniire Michael Rudin Hopkins Development, LLC 345 Park Avenue, 33rd Floor New York, New York 10154 (212) 407-2511 • • • PROJECT: • ! • ATTACHMENT 2 —LAND USE APPLICATION Name: The Spring Building Location: 632 East Hopkins, Aspen CO. 81611 (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 273707332006 EXHIBIT 4 • APPL,ICANT: Name: Hopkins Development, LLC Address: 345 Park Avenue, 33rd Floor, New York, NY 10154 Phone #: 212.407.2511 • REPRESENTATIVE: Name: Adam Roy Address: 119 Spring Street, Unit 203, Aspen, CO. 81611 Phone #: 970.274.0890 • TYPE OF APPLICATION: (please check all that apply): GMQS Exemption GMQS Allotment Special Review ESA — 8040 Greenline, Stream Margin, Hallam Lake Bluff, Mountain View Plane Commercial Design Review Residential Design Variance Conditional Use ❑ Conceptual PUD ❑ Final PUD (& PUD Amendment) ❑ Subdivision ❑ Subdivision Exemption (includes condominiumization) ❑ Lot Split ❑ Lot Line Adjustment ❑ Temporary Use ❑ Text/Map Amendment ❑ Conceptual SPA ❑ Final SPA (& SPA Amendment) ❑ Small Lodge Conversion/ Expansion Other: Condo Plat • EmSTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc. 2012 Completed Mixed -Use Building. • iPROPOSAL: (description of proposed buildings, uses, modifications, etc.) Condominium Plat Map for Recordation Have you attached the following? FEES DUE: $ 915 ® Pre -Application Conference Summary • Attachment # 1, Signed Fee Agreement Response to Attachment 43, Dimensional Requirements Form Response to Attachment 44, Submittal Requirements- Including Written Responses to Review Standards 3-D Model for large project •All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an • electronic 3-D model. Your pre -application conference summary will indicate if you must submit a 3-D model. ! • • EXHIBIT 5 ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: The Spring Building Applicant: Hopkins Development, LLC Location: 632 Fast HnpkinS AvPni iP Amen C0 81611 Zone District: C-1 Lot Size: 4,500 s - ft Lot Area: 0,,, (forthepUrposes 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: 4,325 Proposed: n/a Number of residential units: Existing: 1 Proposed.• n/a Number of bedrooms: Existing: 3 Proposed: n1a Proposed % of demolition (Historic properties only): n/a DIMENSIONS: Floor Area: Existing: 4,747 Allowable: 11,250 Proposed: 0 Principal bldg. height: Existing: 36' Allowable: 36' Proposed: n/a Access. bldg. height: Existing: n/a Allowable: n/a Proposed.• n/a On -Site parking: Existing. 4 Required: 4 Proposed: n/a % Site coverage: Existing: 81 % Required.• 81 % Proposed: n/a % Open Space: Existing: 16% Required: 16% Proposed.• n/a Front Setback: Existing: 11 ' Required: 0' Proposed: n/a Rear Setback: Existing: 891 Required.• 0 Proposed.• n/a Combined F/R: Existing: 11'-8" Required: same Proposed: n/a Side Setback: Existing: 20" Required: same Proposed: n/a Side Setback: Existing: 8" Required: same Proposed: n/a Combined Sides: Existing: „ 28 Required: same Proposed.• n/a Distance Between Existing n/a Required.• n/a Proposed: n/a Buildings Existing non -conformities or encroachments: Variations requested: n/a E 0 EXHIBIT 6 Agreement to Pay Application Fees An aareement between the UtV of Aspen f-Utv' J ana Property Phone No.: 917.362,3144 Owner ("I"): Hopkins Development, LLC Email: mrudin@rudin.com Address of Billing c/o David Johnston Architects Property: 632 East Hopkins Avenue Address: 119 Spring Street, Suite 203 (subject of application) Aspen, CO. 81611 (send bills here) Aspen, CO. 81611 understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. flat fee for $ flat fee for flat fee for $ flat fee for For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ 650 deposit for 2 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $315 per hour. $ 265 deposit for 1 hours of Engineering Department staff time amount will be billed at $265 per hour. City of Aspen: Chris Bendon Community Development Director time above the deposit �A U �% i� Name: 1�l c. Cal �Z City Use: Title: U UJ M'a-- — Fees Due: $ Received: $ 0 • E EXHIBIT 7 ��� hi•1`,.r`I' a t.:�� _i, �. ' ,�''��r" t t .� ► ,h� icy �, z � r � •4 AW 632 East Hopkins Avenue a Vicinity Reap DAVID IONNSTON ARCHITICTS" k (not to scale) n L-A • • • RECEPTION#: 672357, 08/04/2010 a 11:31:14 AM, 1 of 7, R $41.00 Doc Code RESOLUTION EXHIBIT 8 • Janice K. Vos Caudill, Pitkin County, CO A Resolution No. 16 (SERIES OF 2010) i A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING CONCEPTUAL COMMERCIAL DESIGN REVIEW FOR 632 • EAST HOPKINS AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. • Parcel No. 273707332006 WHEREAS, the Community Development Department received an application i from Rudin West, LLC, represented by David Johnston Architects, pc, requesting approval for Conceptual Commercial Design Review; and WHEREAS, the Applicant's property is located within the Commercial (C-1) Zone District, and legally described as: City and Townsite of Aspen, Block 98, Lot S and • east half of Lot R, commonly known as 533 E. Hopkins; and, WHEREAS, upon review of the application, and the applicable Code standards, the Community Development Department recommended approval with conditions of the land use requests; and, WHEREAS, during a duly noticed public hearing on July 20, 2010, the Planning • and Zoning Commission reviewed the application upon recommendation from the Community Development Department and approved Resolution No. 16, Series of 2010, by a (4 - 0) vote, approving "Conceptual Commercial Design Review,"; and, • WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code • as identified herein; and, • WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. • 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 Conceptual Commercial Design Review, based on the following conditions. Resolution No 16, Series 2010 Page 1 of 4 a) The trash, recycling and delivery area shall be designed so that adequate clearance is maintained between the service area and the parking stalls in the carport. It is recommended that a separation fence or bollards shall be installed to ensure that normal use of the service area does not impose a risk to the adjacent vehicles. If adequate separation cannot be maintained, a reduction of one parking space shall be considered. b) The final design of the Spring Street Public Amenity Space shall consider permanent seating options that encourage public interaction (such as benches), light landscaping, and a form of public art in the public right-of-way. c) A detached sidewalk along Hopkins shall be considered and evaluated for Final Commercial Design Review. d) The improvements to the right-of-way provide a basis for reducing the open space on the private property from 18% to 16% of the total lot area. e) The Applicant shall consider redesigning the Hopkins amenity space to make it more inviting to the public. f) The Applicant shall continue to work with Staff to better shield the Spring Street amenity space from the residents to the east of the Property. g) The Applicant shall continue working on redesigning the top floor facade so that it is less imposing. Section 2: Building Permit Application The building permit application shall include the following: a. A copy of the final recorded approvals. This will include approvals for Growth Management Quota System, Subdivision, Parking, and Final Commercial Design Review. b. The conditions of approval printed on the cover page of the building permit set. c. If required, a drainage plan, including an erosion control plan prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on -site during and after construction. d. As applicable, an excavation stabilization plan, construction management plan (CMP), top of bank and stability of hillside plan, tree protection plan and drainage and soils reports pursuant to the Building Department's requirements. e. As applicable, a fugitive dust control plan to be reviewed and approved by the Environmental Health Department. Resolution No 16, Series 2010 Page 2 of 4 f. As applicable, a detailed excavation plan that utilizes vertical soil stabilization techniques, or other techniques, if appropriate and acceptable, for review and approval by the City Engineer. g. Accessibility and ADA requirements shall be addressed to satisfactorily meet adopted building codes. Section 3: Enaineerin� Building permit submission shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation published by the engineering department. Section 4: Fire Mitieation All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). The latest Code in effect should be used for the building permit submittal. Section 5: Water Department Requirements The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Section 6: Sanitation District Requirements Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. Section 7• Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. Section 8• The establishment of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard, as a condition of this development approval, the applicant shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing by the city. Section 9• 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 Resolution No 16, Series 2010 Page 3 of 4 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 10- 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 11: 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 20t' day of July, 2010. APPROVED AS TO FORM: Jim True, Special Counsel ATTEST: ckie Lothian, Deputy City Clerk Attachments: Exhibit A: Approved Conceptual Elevations Exhibit B: Approved Conceptual Site Plan PLANNING AND ZONING COMMISSION: ec7Yi� Stan Gibbs, Chair 10 Resolution No 16, Series 2010 Page 4 of 4 0 • OO'N3dSV 1 SNINdOH 3 LC9 SNINdOH '3 ZE9 kps z 0 U �3 a e? {Ili �f 00'N3dSV I SNIHdOH'3ZE9 tji �t;1 S N I A d 0 H 'ElZ99 L Y a z c X Al 00 'N3dSV I SNINdOH 3 if9 p SNIAdOH '3 ZC9`p ��tit"tla � e�8x 86 N0018 A311b' w w w 0 Z a V) O U) F � 3nN3nb SNINdOH 1Sd3 z 5 a LU a w O a O of a `J RECEPTION#: 575569 12/02/2010 at o9:08:15 AM, EXHIBIT 9 1 OF 11, R $61.00 Do Resolution No. 20 RESOLUTION (SERIES OF 2010) Janice K. Vos Caudill, Pitkin County, CO A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING GROWTH MANAGEMENT REVIEWS, SPECIAL REVIEW FOR PARKING, AND FINAL COMMERCIAL DESIGN REVIEW FOR BLOCK 98, LOT S AND EAST HALF OF LOT R, CITY AND TOWNSITE OF ASPEN, THE PROPERTY COMMENLY KNOWN AS 632 EAST HOPKINS AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2737-073-32-006 WHEREAS, the Community Development Department received an application from Rudin West, LLC, represented by David Johnston Architects, pc, requesting approval for Conceptual Commercial Design Review; and WHEREAS, the Applicant's property is located within the Commercial (C-1) `Lone District, and legally described as: City and Townsite of Aspen, Block 98, Lot S and east half of Lot R, commonly known as 632 East Hopkins; and, WHEREAS, during a duly noticed public hearing on July 20, 2010, the Planning and Zoning Commission reviewed the application upon recommendation from the Community Development Department and approved Resolution No. 16, Series of 2010, by a (4 - 0) vote, approving "Conceptual Commercial Design Review,"; and, WHEREAS, the Applicant is now requesting approval for Growth Management Quota System, Special Review for Parking, and Final Commercial Design review; and WHEREAS, upon review of the application, and the applicable Code standards, the Community Development Department recommended approval with conditions of the land use requests; and, WHEREAS, during a duly noticed public hearing on November 10, 2010, the Planning and Zoning Commission reviewed the application upon recommendation from the Community Development Department and approved Resolution No. 20, Series of 2010, by a (5 - 0) vote, approving "Conceptual Commercial Design Review,"; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, Resolution No. 20, Series 2010 Page 1 of 5 WHEREAS, the Aspen Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. 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 Quota System (GMQS), Special Review for Parking, and Final Commercial Design Review for the renovation and expansion of the building located at 632 East Hopkins Avenue. The Growth Management reviews include: a. Growth Management Review for Expansion or New Commercial Development: For the addition of 434 square feet of Net Leasable area. b. Growth Management Review for Free -Market Residential Units within a Mixed - Use Proiect: For the addition of a newly created free-market residential unit of 1,999 square feet of Net Livable area. c. Growth Management Review for Affordable Housing: For the mitigation of the newly generated 2.26 employees. Section 2: Building Permit Application The building permit application shall include the following: a. A copy of the final recorded approvals. This will include a Resolution from the Planning and Zoning Commission as well as any recorded plats b. The conditions of approval printed on the cover page of the building permit set. c. If required, a drainage plan, including an erosion control plan prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on -site during and after construction. d. As applicable, an excavation stabilization plan, construction management plan (CMP), top of bank and stability of hillside plan, tree protection plan and drainage and soils reports pursuant to the Building Department's requirements. e. As applicable, a fugitive dust control plan to be reviewed and approved by the Environmental Health Department. f. As applicable, a detailed excavation plan that utilizes vertical soil stabilization techniques, or other techniques, if appropriate and acceptable, for review and approval by the City Engineer. Resolution No. 20, Series 2010 Page 2 of 5 g. Accessibility and ADA requirements shall be addressed to satisfactorily meet adopted building codes. Section 3: Zonine Fees Before Building Permit issuance, the Applicant shall pay the applicable zoning impact fees for the newly created free-market unit and newly generated Net Leasable space. These fees include: 1. Parks Development Fee 2. TDM/Air Quality Fee 3. School Lands Dedication Fee Section 4: Public Amenity The Applicant has been granted the authority to reduce the amount of on -site public amenity space from 18% of the lot area to 16%, or from 810 sq. ft. to 720 sq. ft. respectively. The approved plan includes improvements to the public right-of-way that establish a basis for this reduction and are reflected in Exhibit B. Section 5: Off-street Parkin The project has been approved with an off-street parking plan pursuant to a Special Review. This plan includes two standard stalls in the enclosed garage, and a carport consisting of two compact car stalls that are 7'6" x 167' each. This parking plan shall satisfy 4 of the required 4.325 parking stalls. The remaining requirement of .325 parking stalls shall be paid via a cash -in -lieu payment of $9,750. Section 6: Growth Management Quota System The Project has been granted allotments for 434 square feet of Net Leasable area and the creation of a free-market residential unit of 1,999 square feet of Net Livable Area. These additions constitute an employee mitigation amount of 2.26 employees. The employee mitigation shall be handled in the following manner. 1. The purchase and subsequent sale of a buy -down free-market residential unit in Building 6 of the Hunter Creek Condominiums located at 613 Vine Street. This unit is a two bedroom unit and shall satisfy 2.25 employees of the required 2.26. The unit is sub -standard in size; however the Applicant shall reduce the sale price to $245,000, and sell to a qualified buyer, as referenced in Exhibit D. The unit shall be deed -restricted as "for sale" prior to the issuance of a Certificate of Occupancy for the building located at 632 East Hopkins Avenue. 2. The remaining .01 employees shall be mitigated through a payment fee based on the Category 4 rate established by the Aspen Pitkin County Housing Authority Guidelines at the time of building permit submittal. Section 7: Utility, Trash, and Recycle Service Area The Project was granted a dimensional variance for the size of the utility, trash, and recycle service area. The area is permitted to have a depth of 6 feet, as opposed to the required depth of 10 feet. Resolution No. 20, Series 2010 Page 3 of 5 • Section 8: Eneineerin� Building permit submission shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation published by the engineering department. Section 9: Fire Mitiization All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). The latest Code in effect shall be used for the building permit submittal. • Section 10: Water Department Requirements The Applicant shall comply with the City of Aspen Water System Standards, with Title • 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. • Section 11: Sanitation District Requirements Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. . Section 12: Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by the general rules, regulations and ordinances or the City of Aspen • provided that such reviews and approvals are not inconsistent with this approval. Section 13 The establishment of a vested property right shall not preclude the application of ordinances • or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, • electrical and mechanical codes. In this regard, as a condition of this development approval, the applicant shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing by the city. Section 14• 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, 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 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. Resolution No. 20, Series 2010 Page 4 of 5 APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 16t' day of November, 2010. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: Q 4=� Jim True, Special Counsel Stan Gibbs, Chair ATTEST: w ckie Lothian, Deputy City Clerk Attachments: Exhibit A: Approved Final Architectural Elevations Exhibit B: Approved Final Site and Landscape Plan Exhibit C: Approved Carport Parking and Trash/Recycle Area Exhibit D: Letter of Recommendation from the Aspen/Pitkin County Housing Authority Resolution No. 20, Series 2010 Page 5 of 5 a a.r .as.+mr 9uKsa�e�+ awua.swuo , az'-,'�{. suw.c m�TM ru.is.n wsa,ucw a.Ecsi On .i aoane,as*sac W G f•4aA susotEn •.:�� {��;yarfps'�.•K.jNt� ILEbiONE 1M19b ^y=C'�� e A ®1 � . ���i�a•syss��sr�s.�� rm r�ia! acun�aw, �s 2 Ee AST ELEVATION PROPOSED) T� _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ -wie WRK iBBIR wKTFA BEwwa v1 a a4CRUKa TRM __ — — — _ — — — — — — — — — — — — — — — remaswvEwR — — aawc �suomw Eaaaw� B pow warow .. cw�re cr a.. uEsrar csv ' a riE�T Besot ew�oBso c r,Eow wawa ' eoarkR a sT.cR smB.c rsuooTw �wsn caws:wa cuEsrowE caoREo snicco • sTEE; HEwoEw arow+w arEE<�� w�R.�BTEa wwaMG BV9r¢� I BqK vEKER. BRMY.rHEER/ CJuwOw Bba) � COMgN BOwC WOOp �u� our awa i Ewc:osuaE ^E Ooow h} 3 NORTH ELEVATION PROPOSED _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ __ _ _ _ — — — _ _ .- - _. — _ — _ i RR ER— — 4 VYEST ELEVATION PROPOSED ___ - �wB � L.Awmmimmm� 0, k tU • SOUTH SPRING STREET Z PROPOSEDLANDSCAPEPLAN Exkti QtT C3 V) z � z pe CL O— Lj 5 N C7 ILO 00000000000000•0000000•0000**000000900000000 M rOrir arrp. drrgrd..n N/iar. McaM d ryMrmrQH M b..rp r r.nw Al dp dr MrPw�/1 mOrna.MMM Mn.cn. PC dq wrwbore b w dKYr twvrcter M ew wMw pvkr Nwr dTr Nws erMr n dM.+/ NY M wrJ1» bsMM b.ry Nrrow MMarrw iwla.t tlrr..rxd. TRASKRECYCLIN DRAMNO ISSUE eu EW caePrr Av. PLAN9 206 6 PROJECT No: 6604 PRELIMINARY 7JISIM SCHEMATIC OESIGN IUMIC 632 E H P K I N AwlCO 61611 — 916976 DRAM By CONCEPTUAL REVIEW 81C3rIC . ru 9>'u6 21ee GMOSAPP. alTslic FINlLL DESIGN REV. I0(L8I10 632 E. HOPKINS I ASPEN, CO a ?In rl>n>, c.�9maa1. ll 81 61e» TR 97696 T1 FM 91A}Y 96M cil DAVID JOHNSTON ARCHITECTSrc Exhibit D MEMORANDUM TO: Drew Alexander FROM: Cindy Christensen THRU: Tom McCabe DATE: September 21, 2010 RE: MITIGATION FOR DEVELOPMENT OF 632 EAST HOPKINS ISSUE: Rudin West LLC's renovation of 632 East Hopkins will require mitigation of 2.26 FTE's. BACKGROUND: The applicant is requesting approval for the renovation of an existing two-story structure. It includes adding an additional level to the building, reworking the exterior, and adding an adding a free-market residential unit to the top floor. Drew Alexander, the Community Development Department planner, has provided information regarding the additional square footage and what the required mitigation would be. According to the Land Use Code, the mitigation required for the redevelopment of 632 East Hopkins is 2.26 FTE's — 1.5 FTE's from the free-market and .76 FTE's from the net leasable commercial area at 60%. If 100% mitigation were required on the net -leasable commercial area, a total of 2.82 FTE's would be required. The applicant would like the ability to buy down the last free-market unit in Building 6 at Hunter Creek. Unit 613 is the only free-market unit in a deed -restricted building. The two -bedroom unit would mitigate at 2.25 FTE's. The unit is a fully remodeled unit and is in excellent shape. The unit is a two -bedroom, one bath, 736 square foot unit. The current maximum sales price for a Category 4, two -bedroom unit is $287,000. Although this is a newly remodeled unit, the applicant has recommended that the sales price be $245,000, $42,000 less than the maximum sales price. At the 2.26 FTE's, the developer would be .01 short. Fractional FTE's can be satisfied by the payment -in - lieu fee; therefore, an additional $1,340.79 could be requested to be paid at building permit approval. RECOMMENDATION: The Board reviewed the application at their regular meeting held September 15, 2010 and due to the newly remodeled condition of 613 Vine Street, recommends approval with the following conditions: 1. 613 Vine Street, Hunter Creek, shall fully satisfy the mitigation requirement for the redevelopment of 632 East Hopkins. 2. The unit shall be deed restricted at Category 4. 3. The unit will be marketed through the lottery process through APCHA with the maximum sales price of $245,000. 4. An approval letter shall be provided by Hunter Creek Properties approving the deed restriction on this specific unit. 2 EXHIBIT 10 DEVELOPMENT ORDER • of the • City of Aspen . Community Development Department • This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall S also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, . reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific • development plan as described below. Property Owner's Name, Mailing Address and Telephone Number S Rudin West LLC, 345 Park Avenue, 33 Floor, New York, NY 10154, (212) 407-2511 Legal Description and Street Address of Subject Property • • Subdivision: City and Townsite of Aspen, Block: 98, Lot: S and east half of Lot R, commonly known as 632 East Hopkins Avenue. Parcel ID# 2737-07-3-32-006 • Written Description of the Site Specific Plan and/or Attachment Describing Plan Expansion and remodel of existing structure in order to add a third floor, 1,999 square feet of net livable area, public amenity improvements, and 434 additional square feet of net leasable area. • Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) Approval by the Planning and Zoning Commission through Resolution No. 16, Series of 2010 for • Conceptual Commercial Design Review. Approval by the Planning and Zoning Commission through Resolution No. 20, Series of 2010 for Final Commercial Design Review, Growth Management, and Special Review for Parking. Effective Date of Development Order (Same as date of publication of notice of approval.) December 26', 2010 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration • and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) December 26 , 2013 • A W,ommunc ember, 2010, by the City of Aspen Community Development Director. ty Development Director EXHIBIT 11 Certificate Aoccupancy Aspen/Pitkin Community Development Department This certificate issued pursuant to the requirements of the 2009 edition of 110 section of the International Building Code. It certifies that at the date of issuance, the structure as described below was in compliance with the various resolutions and ordinances regulating building construction and use in this jurisdiction. Use Classification: COMM Building Permit: 0021.2011.ACBK Legal Description: SUB:CITY AND TOWNSITE OF ASPEN BLK-98 LOTS DESC: AND EAST HALF OF LOT R Building Address: 632 E HOPKINS AVE ASPEN CO 81611 Owner of Building: HOPKINS DEV LLC Owner Address: 345 PARK AVE 33111) FL NEW YORK, NY 10154 Group: BIR2 Type of Construction: VB Use Zone: C-1 Description. INCLUDES THREE LEVELS ABOVE GRADE, AND ONE BASEMENT LEVEL LOWER LEVEL: INCLUDES STORAGE AND MECHANICAL ROOM MAIN LEVEL: UNFINISHED COMMERCIAL SPACE, CARPORT, AND PENTHOUSE GARAGE SECOND LEVEL: UNFINISHED COMMERCIAL SPACE THIRD LEVEL: INCLUDES ONE RESIDENTIAL UNIT COMPRISED OF THREE BEDROOMS, TWO FULL BATHS, ONE Y. BATH, ONE KITCHEN, AND ROOF DECK WITH HOT TUB Comments & Restrictions: ONE ELEVATOR INSTALLED 1120 SQUARE FEET CREMP SNOWMELT INSTALLED 1245 SQUARE FEET RREMP SNOWMELT INSTALLED NFPA 13 FIRESPRINKLER SYSTEM INSTALLED P�7 hief Building icial Date Note: In all occupancies, except R, this certificate must be posted in a conspicuous place near the main exit on the premises for which it is issued. Any alteration or use of these described premises or portion thereof without the written approval of the Building Official shall negate this C.O- and subject it to revocation. tip 11 mrrweare OF omlaTnon AAY) oWT®esIWP KNOW ALL MEN BY THESE PRESENTS THAT HOPKINS DEVELOPMENT LLC. A COLORADO UNITED UABILITY COMPANY IS THE OWNER OF CERTAIN REAL PROPERTY LOCATED IN MWIN COUNTY, COLORADO AND DESCRIBED ON NIS CONDOM WIN MAP AS THE SPRING BUILDING: THE EAST % OF LOT R AND ALL OF LOT S, BLOCK 9& CITY AND TOWNSTE OF ASPEN. DATED NS_ DAY OF 2013. MICHAEL RUDIN MANAGING MEMBER OF RUDN WEST LLC. THE MANAGER OF HOPKINS DEVELOPMENT LLC STATE OF COLORADO) )Ss COUNTY OF PITKIN ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME TNIS _ DAY OF 2013 BY WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES NOTARY PUBLIC caWWllwrr II6VarnAI19Yr OIECiM THIS CONDOMINIUM MAP FOR THE SPRING BUILDING HAS BEEN REVIEWED AND APPROVED BY THE COMMUNITY DEVELOPMENT DIRECTOR OF THE CITY OF ASPEN THIS DAY OF 2013. COMMUNITY DEVELOPMENT DIRECTOR a E/I6W®R THIS CONDOMINIUM MAP FOR THE SPRING BUILDING WAS REVIEWED BY THE CITY ENGINEER OF THE CITY OF ASPEN M5 DAY OF 2013. CITY ENGINEER n!t£ C6RTF3CAlE THE UNDERSIGNED. A DULY -AUTHORIZED REPRESENTATIVE OF STEWART TITLE GUARANTY COMPANY, A TITLE COMPANY REGISTERED TO DO BUSNESS IN PITKN COUNTY. COLORADO. HEREBY CERTIFIES THAT HOPKINS DEVELOPMENT COMPANY U.C. A COLORADO LIMITED LIABILITY COMPANY HOLDS FEE SIMPLE TITLE TO THE PROPERTY. FREE AND CLEAR OF ALL MONETARY LIENS AND ENCUMBRANCES EXCEPT THOSE IDENTIFIED IN THE TITLE COMMITMENT ISSUED AS FILE N0. 01330-1893 DATED 07/25/2012 ALTHOUGH WE BELIEVE THE FACTS STATED ON THIS MAP ARE TRUE THIS CERTIFICATE IS NOT TO 13E CONSTRUED AS AN ABSTRACT OF TITLE, NOR AN OPINION OF TIRE. NCR A GUARANTY OF TITLE. AND IT 15 UNDERSTOOD AND AGREED THAT STEWART TIRE GUARANTY COMPANY NETHER ASSUMES NOR WILL BE CHARGED WITH ANY FINANCIAL OBLIGATION OR LIABILITY WHATSOEVER ON ANY STATEMENT CONTAINED HEREIN. BY DATE ADDRESS: 620 EAST HOPKINS AVE ASPEN, GO 31611 STATE OF COLORADO) )SS �DUNTY OF PITKN ) 111E FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF 2013 BY AS OF WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES NOTARY PUBUC A CC6PTANOE FOR RFCp WIG THIS CONDOMINIUM MAP FOR THE SPRING BUILDING HAS BEEN ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF 111E COUNTY OF PITKIN, STAR OF COLORADO. AT—O'CLOCK—M. MIS —SAY OF IN PUT BOOK AT PAGE— AS RECEPTION NUMBER CLERK d RECORDER VICINITY MAP 1-4W C®ND OMINI UM MAP OF THE SPRING BUILDING LEGAL DESCRIPTION: THE EAST Y, OF LOT R AND ALL OF LOT S, BLOCK 98, CITY AND TOWNSITE OF ASPEN IN THE COUNTY OF PITKIN, STATE OF COLORADO. CONTAINING 4.500 SO.FT.3 PURPOSE STATEMENT. THE PURPOSE OF THIS CONDOMINIUM MAP IS TO CONDOMINIUMIZE THE PROPERTY SHOWN HEREON 0 5 IO 20 1' = 10' NOTES 1) BASIS OF BEARING: A BEARING OF N75'09'11'W BETWEEN A FOUND REBAR AND YPC ILLEGIBLE AT THE S.E. PROPERTY CORNER OF LOT S, BLOCK 98 AND A FOUND REBAR AND YPC LS/ 20151 AT THE S.W. PRDPERTY CORNER OF THE EAST YI OF LOT 0, BLOCK 98. 2) THIS CONDOMINIUM MAP DOES NOT CONSTITUTE A TITLE SEARCH BY THIS SURVEYOR. TITLE INFORMATION RELIED UPON FOR THE PREPARATION OF THIS SURVEY FURNISHED By STEWART TITLE, FILE NO, 01330-1893, DATED 07/25/2012. 3) ROTHBLUM BUILDING LICENSE AGREEMENT RECORDED AS RECEPTION NO. 393676 ALLOWS ROTHBLUM TO SEAL THE SPACE BETWEEN THE RESPECTIVE BUILDINGS. 4) ELEVATIONS BASED UPON CITY OF ASPEN'S GPS MONUMENT /5 (7915.94') 1988 DATUM. BENCHMARK= 7915.70' AT N.W. WITNESS CORNER. 5) ALL INTERIOR DIMENSIONS ARE WITHIN 0.1' TOLERANCE i. 6) COMMERCIAL UNITS MAY BE SUBJECT TO FURTHER DIVISION. LEGEND 11 INDICATES SET MONUMENT LS/ 37972 BP C BLUE PLASTIC CAP ALT ALUMINUM TAG OPC ORANGE PLASTIC CAP YPC YELLOW PLASTIC CAP EM ELECTRIC METER ram, FENCE LINE CM GAS METER >;y LIGHT POLE OH OVERHANG TYPICAL 4 SIGN WW WINDOW WELL LCE=LIMITED COMMON ELEMENT GCE -GENERAL COMMON ELEMENT CE- COMMON ELEMENT FF:FINISHED FLOOR (TOP OF PLYWOOD OR CONCRETE ELEVATION) CH-COUNG HEIGHT SURVEYOR'S CERTIFICATE I, MICHAEL P. LAFFERTY. A REGISTERED COLORADO LAND SURVEYOR, DO HEREBY CERTIFY THAT I HAVE PREPARED THIS CONDOMINIUM MAP OF THE SPRING BUILDING THAT THE LOCATION AND DIMENSIONS OF THE VERTICAL BOUNDARIES OF EACH UNIT AND THAT UNIT'S IDENTIFYING NUMBER: THE LOCATION (WITH REFERENCED TO ESTABLISHED DATUM) OF THE HORIZONTAL BOUNDARIES OF EACH UNIT. THE LOCATION AND SCALE OF LIMITED COMMON ELEMENTS AND THE LOCATION OF OTHER FEATURES ARE ACCURATELY AND CORRECTLY SHOWN HEREON. THE SAME ARE BASED ON A FIELD SURVEY PERFORMED UNDER MY SUPERVISION ON 05/2012. THIS CONDOMINIUM MAP MEETS THE REQUIREMENTS OF A LAND SURVEY PUT AS SET FORTH IN C.R.S. SECTION 38-51-10F. THIS CONDOMINIUM MAP CONTAINS ALL OF THE INFORMATION REQUIRED BY C.R.S. SECTION 38-33.3-209 OF THE COLORADO COMMON INTEREST OWNERSHIP ACT. ALL STRUCTURAL COMPONENTS OF THE BUILDING CONTAINING DR COMPRISING ALL UNITS CREATED BY THE CONDOMINIUM DECLARATION AND THIS CONDOMINIUM MAP ARE SUBSTANTIALLY CDMPLETED. IN INTERPRETING THIS CONDOMINIUM MAP, THE EXISTING PHYSICAL BOUNDARIES OF EACH UNIT AS CONSTRUCTED SHALL BE CONCLUSIVELY PRESUMED TO BE ITS BOUNDARIES. THE CONTROL PRECISION IS GREATER THAN 1 IN 15.000. _.DO L/ Sr MICHAEL P. LAFFERTY PLS. / 37972 DATE: i 37972jffi _ 3-22-13 INDEX R- M9Mn1iLD sM Y. LW, DATE SURVE'M: 9/2008 SHEET 1: SITE SURVEY AND MAP LANGUAGE REVISED: 5/2010, 3/2011, 5/2012. 8/2012 SHEET 2: SRD FLOOR PLAN VIEW FW NO: 08545 SHEET 3: 2ND FLOOR PLAN VIEW CIJENT: RUDIN WEST SHEET 4: 1ST FLOOR PLAN VIEW Xtv aT.d.Pa�m SHEET 5: BASEMENT PLAN VIEW oa6omal.w efa23 noT1cFA,.�m,F :,. rolor.M, 1,...,, mw mw SHEET 6: ROOF PLAN VIEW Pno,,, sTsaTs.nv ®. d.rs.ma,,,,:.,, ,-mA:mR ,,,u., ..., rw•a,Wn d,r.., SHEET 7: ELEVATIONS VIEWS n:57sasTceFa Am,ra uAw a.,d, _r e„w.r•r<:,,m,.,.-,d,o.r lMfl$wfwM.rM pan:rnrnrma 6anYasdn of as ,veharn il,w h,nr. C'OND O1`>/IINI UM 1JAP OF SPRING BUILDING = 5' LOWER LEVEL PLAN VIEW ® 0 1 29.9' MECHA' CA: GCE _--a 5 I GCE S'A.R 70 BAgMENi SPACE /2 BASEMENT SPACE N f XE LCE C.=VAR ESJ BASEMEN' SPACE /' 1 VEC-A:CAL LCE 'T. 29G7.B2' LCE GCE I 24.5' ♦ 0 l CH-B.5'� BASEMENT SPACE /� CH-t5--J S. a' LCE EC-A%CR VEC-AE CA. Ei'_VA'W 22.6. .,CE } GCE Cr_B.5'1 I 1 BASEMENT ACE /5 \ 3.5 BASEMENT SPACE /5 L ' 5 2 I 7. B' CH IL 15, zr �. J1,11 LEGEND LCE� V'ED COVVCN E_EVEN' GGE=GENERAL COMMON E_EVEN' FF-FINISHED FLOOR (TOP 0l -".WOO OR CONCRE'E E_EVA'.CN) CH -CEILING HEIGHT J s 3772 32-1 3 AL LAW - Rocrry Yourlalr B:.rvayirp SFWS'E @ OF Z. » vysm wA,9. m f®GI.EiIY.E� e,�a�asrt m�11`S�'�cwon .�E,o � •,a c,o nou.on �S a=W3,ypp � � uo �e••ua� �wsaln� �� arnirla� _ x Y�LiraxxM Y.Y1rMxrti�� � mroMaxaa. 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