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HomeMy WebLinkAboutcoa.lu.gm.420 e hyman ave.0014.2013.aslu0014.2013 . ASLU 420 E. Hyman GMQS - ALLOTMENT COMMERCIAL DESIGN REVIEW 2737 073 39 020 027 6j THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0014.2013.ASLU PARCEL ID NUMBERS 2737 073 39 020 027 PROJECTS ADDRESS 420 E HYMAN AVE ra WAN►►T: "1'• •D•L7i161 CASE DESCRIPTION COMMERICAL DESIGN REVIEW REPRESENTATIVE CHARLES CUNNIFFE DATE OF FINAL ACTION o6.31.14 CLOSED BY ANGELA SCOREY ON: 3.19.15 0 0 k Z7 7- 0'7 02.7 Permits n �_ . File Edit Record Navigate Form Reports Format Tab Help J ` jump I �x J N �Yi 5 Routing Status Fees Fee Summary Main Actions Attachments Routing History Valuation Arch,Eng Custor i E Permit type aslu 1A.spen Land Use Permit # 0014.2013.ASLU f' Address F420 E HYMAN AVE AptjSuite C4 ASPEH State CO Zip 81611-1920 OF i Permit Information Masker permit Routing queue aslu07 Applied 1 n z Project Status pending Approved Issued Closed/Final Submitted ICHARLES CUNNIFFE 925 5590 1 Clock Running Days I 0I Expires 1( O'vvner Last name DUVIKE INC First name PO BOA; 2238 ASPEN CO 81612 Phone 1 } Address i Description Applicant Owner is applicant? F1 Contractor is applicant? Last name MARTIN First name JOHN PO BOX 297 QUEENSTO NEW ZEALAIdD Phone 001) 643-44214Oust = 29447 Addrag(; Lender Last name First name Displays the perrnit a.pplica.nt's first name 4. AspenUold5 jserver) angelas M 1 of 1 2c�� -�� 99 oBscA� � b�oS-D0 - ZIVIt3 oo 19)6qo -�4 • � a , sad. � �S L-t 1 ✓ Section 3: Dimensions, Zoning and Building Requirements All dimensions shall meet the requirements of the Land Use Code in effect on Apr14, 2012 (date of initial application), attached as Exhibit B. The approved floor plans are attached as Exhibit A. Minor changes from these are permitted at building permit and during Final Commercial Design Review by the Historic Preservation Commission. Areas labeled as "roof' or "green roof' are not permitted for use as a deck. Final floor plans shall meet adopted Building Code requirements for accessibility for all units. The project is subject to all conditions included in HPC Resolution 17 and HPC Resolution 28, Series of 2012. Section 4: Final Design Review Following the adoption by the HPC of a resolution approving or approving with conditions Final Commercial Design Review, the City Council shall be notified of the action to allow the City Council an opportunity to avail itself of the call up procedures set forth in Aspen Land Use Code Section 26.412.040.13 Appeals, notice to City Council and call-up. The call up shall be limited to Final Design Review. Section 5: Engineering The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21, as may be amended from time to time and all construction and excavation standards published by the Engineering Department, as may be amended from time to time. Applicant acknowledges that encroachment onto the Hyman Avenue pedestrian mall will be prohibited without the express permission of the City Engineer or City Council. Approval of this project by the City shall not be deemed an approval of any construction encroachments onto City right of way or the waiver of any restrictions on encroachment into the right of way. 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 fee - in -lieu of detention (FIL), it can only be applied to existing impervious areas. All new impervious areas will need to discharge at historic rates. Any discharge from the site must be made to the south mall side of the building opposed to the north alley side. Minor events must be tied into the storm sewer with a manhole. The manhole lid must be located below the mall bricks. Major events must discharge to the mall. Any proposed grade changes to the mall require approval by the Engineering Department. The Construction Management Plan shall describe mitigation for: parking, staging/encroachments, and truck traffic. Ordinance No. 27, Series 2013 Page 3 of 10 � 50'-1 21/256" 4 0 0 hA��/VYl 50'-1 21 /256" 501-121/256" 1 -,t-,70 t. -t�MAIA 50'-1 21/256" 30'-1 21/256" DUMBWAITER, REAR VESTIBUL ELEVATOR RESTAURANT EGRESS STAIR #1 EGRESS STAIR #1 MAIN LEVEL FLOOR PLAN 1_1, /, =='- • 50'-121/256" DUMBWAITER EGRESS STAIR #2 ELEVATO EGRESS STAIR D LOWER LEVEL FLOOR PLAN ns MECHANICAL ROOM =GRESS STAIR • 301-121/256" / ALLEY PROPERTY LINE SIDEWALK HYMAN AVENUE MALL 1 SITE / LANDSCAPE / PARKING PLAN Af� • c w .- Q >� Q0 O LLI = Z ww a_ O CV Q Al • 30'-1 21 /256" RESIDENTIAL ROOFTOP MEGH. AREA I GREEN DECK ROOF BELOW BELOW 30'-1 21 /25(0" 30'-1 21 /256" AHU #3 - AHU #1 - STUDIO 2-BEDROOM BED AT BED UPPER cl) GL GL U 6 W AHU#3 - _ _ L 2-BEDROOM m BED LOWER Q W U LIVING KITGH L p LL BATE i BATH BALCONY o z z U d q BED o AHU#2 - STUDIO U 4 GL o ELEVATOR W_ J I FREE-MARKET KITCHEN STAIR LOBBY = UNIT #1 U COMMERCIAL EGRESS STAIR #1 up FMU UPPER D ELEVATED GREEN ROOF -A Q w— Q� FREE-MARKET ¢ co UNIT #1 = � 2 Z w u.1 o ca �Q 3 ROOF PLAN 2 THIRD LEVEL FLOOR PLAN 1 SECOND LEVEL FLOOR PLAN 06/19/ A2 Imo- * N MEMORANDUM TO: Mayor Skadron and Aspen City Council FROM: Sara Adams, Senior Planner 9*4' T H RU: Chris Bendon, Community Development Director RE: 420 E. Hyman Ave - Subdivision Review Second Reading, Ordinance No. 27, Series of 2013 continued from August 12, 2013 MEETING DATE: September 9, 2013 APPLICANT /OWNER: John Martin. REPRESENTATIVE: Charles Cunniffe Architects. LOCATION: 420 E. Hyman Ave. CURRENT ZONING: CC (Commercial Core) SUMMARY: The Applicant requests Subdivision Review for a demolition and replacement of the building that currently houses Zocalito and CB Paws. STAFF RECOMMENDATION: Staff recommends approval of the request with conditions. P&Z RECOMMENDATION: P&Z unanimously recommended approval of the request. '-19 Photos: Location of 420 E. Hyman (top) and picture of the building viewed from Hyman Mall (bottom). REQUEST OF CITY COUNCIL: The Applicant is requesting the following land use approvals to demolish and replace the existing building: Page 1 of 5 420 E. Hyman Ave.- Subdivision Review Staff Memo, Second Reading (9/9/13) • Subdivision approval (Chapter 26.480, Subdivision) for the creation of multiple residential units in a mixed -use building. (City Council is the final review authority after considering a recommendation from the Planning and Zoning Commission) QUESTIONS FROM SECOND READING: 1.) Request of Staff to propose language that addresses compliance with Subdivision review criterion A.2 and A.3 regarding compatibility of a mixed use building, including a free market residential unit, with the downtown commercial core. Concerns were raised that residential units cause a conflict with the downtown nature of the commercial core. The attorney's office and the applicant have developed language that is included in Section 15 of the draft Ordinance to require a covenant be recorded prior to the sale of any units within the building. To summarize, the covenant prohibits any owner, resident or other occupant of the premises from objecting to the use or activity on the property as long as the use and activity complies with underlying zoning and any other applicable City ordinances. The covenant is not permitted to be amended without consent from the City. QUESTIONS FROM FIRST READING: 1.) Concerns about right of way encroachments and construction access. Staff has included language in Section 5: Engineering of the Ordinance that requires any encroachments onto the Mall to be approved by the City Engineer or City Council: "Applicant acknowledges that encroachment onto the Hyman Avenue pedestrian mall will be prohibited without the express permission of the City Engineer or City Council. Approval of this project by the City shall not be deemed an approval of any construction encroachments onto City right of way or the waiver of any restrictions on encroachment into the right of way." The project is required to meet Construction Management Plan requirements. 2.) Explain why Staff recommends call up after Final HPC review. Section 4 of the Ordinance conditions the Subdivision approval on allowing Council the ability to call up the project after Final Design Review. Call up action was already taken by Council after Conceptual Design Review by the Historic Preservation Commission (HPC). Council remanded the application back to HPC with direction to review the mass and scale. The proposed call up in Section 4 of the Ordinance is limited to final design review issues such as materials, fenestration and architectural details. Staff recommends an additional call up for this project due to the comments from Council during the first call up related to the amount of glass proposed for the project. Members of the Planning and Zoning Commission requested the ability to provide referral comments on the Final Design largely due to concerns about the materials. Subdivision Review includes a criterion that the architecture is compatible with the context. This design review criterion is redundant with HPC's task at final design, which is to decide whether the details of the project — materials, architectural details, etc. — are compatible with the historic district. Page 2 of 5 420 E. Hyman Ave.- Subdivision Review Staff Memo, Second Reading (9/9/13) Based on concerns about the architecture voiced by Council during the Conceptual Review call up discussion, Staff felt that it was appropriate to add a condition that allows HPC to conduct final design review and permits Council to be notified of the final approval with the ability for call up. 3.) Provide renderings to show design intent/direction for Council comment. The applicant has submitted updated renderings to show final design intent. 4.) What are the recent downtown projects that have been constructed on the mall? There have not been any scrape and replace projects on the mall in many years. The most recent scrape and replace project downtown is Cooper Street Pier, which is a block off of the pedestrian malls. Smaller remodels have been undertaken at Above the Salt and the Tom Thumb Building (both across from the Wheeler Opera House) and at the end of Hyman Pedestrian Mall. BACKGROUND AND PROJECT SUMMARY: The applicant is proposing to demolish the existing two story building and to construct a new three story building. The building currently contains commercial and free market residential uses and is proposed to comprise commercial, free market residential and affordable housing uses. The property is about 3,009 square feet in size and is located within the Commercial Core Historic District. The original application for this redevelopment was made on April 4, 2012, and is subject to the Land Use Code in place at that time which permitted new free-market residential units and an overall allowed height of 38 feet to 42 feet. The project meets the dimensional requirements of the Commercial Core Zone District. EXISTING CONDITIONS AND PREVIOUS APPROVALS: The existing 1970s mixed use building contains commercial uses on the basement, first and second floors. The second floor also contains three free market residential units — two studio units and one 1-bedroom unit. On July 25, 2012, HPC granted conceptual approval for the proposed project including a third floor that is 38 feet high which meets the 38 — 42 feet height limit in the Commercial Core. HPC denied the request to increase the height to 40 feet considering the adjacent historic landmarks to the east. HPC was concerned about the impact that the material palette could have on the mass and scale, and added a condition of approval that mass and scale shall be addressed during Final Review when the materials are finalized. In addition, HPC granted approval for off -site public amenity for the required 10% (300 square feet) subject to review by the Parks Department. This request has changed to either off -site public amenity or a request for cash in lieu payment for public amenity. During call-up procedure on August 27, 2012, City Council remanded the application back to HPC to resolve the mass and scale of the project at Conceptual Review rather than during Final Review. Council expressed concerns about the proposed glass fagade and the compatibility of the design with the Historic District. On November 14, 2012 HPC re -reviewed the project and approved the mass and scale for Conceptual Review. Page 3 of 5 420 E. Hyman Ave.- Subdivision Review Staff Memo, Second Reading (9/9/13) On May 21, 2013, the Planning and Zoning Commission (P & Z) granted growth management allotments for the increase in commercial net leasable area, growth management review for multi -family replacement and the development of affordable housing, and a recommendation in support of subdivision review. During the June 11, 2013 P & Z meeting, members of the Commission expressed concerns about the proposed glass facade and their ability to review the architecture. Staff intends to seek referral comments regarding the materials from the P & Z prior to Final design review by HPC. PROPOSED DEVELOPMENT: The applicant proposes a new three story building as follows: Basement: Commercial First Floor: Commercial Second Floor: Commercial, Free Market Residential, Affordable Housing Third Floor: Free Market Residential, Affordable Housing Table 1: FAR analysis Allowable Proposed Commercial 2:1 or 6,018 sf. 2,545 sf. Affordable Housing No limit 2,266 sf. Free Market Residential 0.75:1 or 2,257 sf. 2,256 sf. Total 1 2.75:1 or 8,275 sL 7,068 sE Table 2: Net Livable and Net Leasable Area analysis Existing Proposed Increase Commercial 3,610 sf. NLA 4,396 sf. NLA + 786 sf. NLA Free Market Residential 1,292 sf. NLA 1,874 sf. NLA + 582 sf. NLA Affordable Housing 0 1 1,292 sf. NLA + 1,292 sf. NLA The maximum building height approved by HPC is 38 ft. A mechanical area is proposed at the rear of the roof. No rooftop deck is proposed. STAFF COMMENTS: SUBDIVISION REVIEW A subdivision review is required for this mixed -use building because multiple dwelling units are proposed. The applicant proposes to develop a new free market residential unit, additional commercial net leasable space and proposes to mitigate by expanding an existing deed restricted unit and updating its deed restriction. The subdivision is similar to the other subdivisions seen throughout the downtown area. In reviewing the Subdivision portion of the application, staff believes the proposal meets all applicable review requirements. Subdivision review criterion 26.480.050.A.I requires that the subdivision be compatible with the mix of development in the neighborhood in terms of height, bulk, architecture, etc. There have been concerns raised by all three review boards (HPC, 1 0.75:1 is permitted only when affordable housing equal to 100% of the free-market residential floor area is developed on the same parcel. Page 4 of 5 420 E. Hyman Ave.- Subdivision Review Staff Memo, Second Reading (9/9/13) Planning and Zoning Commission, and City Council) about the amount of proposed glazing and compatibility of the material with the Historic District; however materials, windows, and architectural details have yet to be reviewed by the Historic Preservation Commission (HPC) during Final Commercial Design Review, which is scheduled after Subdivision Review. The Planning and Zoning Commission will be asked to provide referral comments prior to HPC reviewing Final Commercial Design. In order to meet the criterion listed above, Staff has added a condition of approval to the draft ordinance that requires City Council be notified after final design approval by HPC to have the opportunity to call up the project, similar to the call up process for conceptual approvals. The applicant is aware of the concerns and has indicated that the material palette is still being refined. The most updated renderings are included in the council packet. Staff recommends that City Council request that the applicant submit renderings of the materials to show the direction that the design is headed for review during second reading. The project is currently served by utilities and the new building shall meet all applicable building and fire codes. In addition, the applicant shall meet all applicable engineering requirements, including all drainage requirements. REFERRAL AGENCY COMMENTS: The City Engineer, Fire Marshal, Water Department, Aspen Sanitation District, Building Department, Parks Department, and APCHA have all reviewed the proposed application and their requirements have been included as conditions of approval when appropriate. A copy of the Referral Agency comments is attached as Exhibit B. PLANNING & ZONING COMMISSION COMMENTS: The Planning and Zoning Commission voted 5 to 0 in favor of Subdivision and in approval of Growth Management. A copy of the minutes from their May 21 S` meeting is attached as Exhibit D. RECOMMENDATION: STAFF RECOMMENDATION: Staff recommends approval of the project with conditions, and strongly recommends that the applicant submit updated renderings of the project to show design intent regarding materials for second reading. PROPOSED MOTION: "I move to approve Ordinance #27, Series 2013, approving a Subdivision Review for the project located at 420 E. Hyman Ave. on Second Reading." ATTACHMENTS: Exhibit A — Subdivision Review Criteria, Staff Findings Exhibit B — DRC Comments Exhibit C — P & Z Resolution #13, Series of 2013 Exhibit D — May 21, 2013 P&Z minutes Exhibit E — Application Exhibit F — Revised Application Page 5 of 5 420 E. Hyman Ave.- Subdivision Review Staff Memo, Second Reading (9/9/13) Ordinance No. 27, (SERIES OF 2013) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING SUBDIVISION, FOR THE DEVELOPMENT OF ONE (1) FREE-MARKET RESIDENTIAL UNIT, THREE (3) AFFORDABLE HOUSING UNITS, AND 786 SQ FT OF NEW COMMERCIAL SPACE FOR THE PROPERTY LOCATED AT 420 EAST HYMAN AVE, LOT O, BLOCK 88, AKA DUVIKE CONDOMINIUMS, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2 73 7-03 7-39-020 THRU -027 AND 2737-073-39-801 WHEREAS, the Community Development Department received an application from John Martin, represented by Charles Cunniffe Architects, Inc. requesting approval of Free -Market Residential, Affordable Housing, and Commercial Growth Management Allotments, and Subdivision, to demolish the existing building and to construct a new three story building to include one (1) free-market residential unit, three (3) affordable housing units, and 786 sq ft of new net leasable commercial space; and, WHEREAS, the Applicant requests approval by the Planning and Zoning Commission Free -Market Residential, Affordable Housing, and Commercial Growth Management Allotments; and, WHEREAS, the Applicant requests a recommendation by the Planning and Zoning Commission to the City Council for Subdivision approval; and, WHEREAS, the property is zoned Commercial Core (CC); and, WHEREAS, the property is located within the Commercial Core Historic District and is not considered a contributing building to the integrity of the Historic District; and WHEREAS, on July 25, 2012 and on November 14, 2012 the Historic Preservation Commission granted Conceptual Commercial Design Review and Conceptual Major Development Review approval via Resolution # 17 and Resolution #28, Series of 2012 WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended approval of the application; and, WHEREAS, during a duly noticed public hearing on May 21, 2013, the Planning and Zoning Commission approved Resolution No.13, Series of 2013, by a five to zero (5 — 0) vote, approving one (1) Free -Market Residential Growth Management Allotments, three (3) Affordable Housing Growth Management Allotment, and 786 sq. ft. Commercial Ordinance No. 27, Series 2013 Page 1 of 9 0 • Growth Management Allotments, and recommending the Aspen City Council approve a Subdivision; and, WHEREAS, on July 8, 2013 the Aspen City Council approved Ordinance No. 27, Series 2013, on First Reading by a four to zero (4 - 0) vote, approving with conditions a subdivision of the Property; and, WHEREAS, during a public hearing on September 9, 2013, the Aspen City Council approved Ordinance No. 27, Series 2013, by a to vote, approving with conditions a subdivision of the Property; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council approves a Subdivision review allowing for the development of one (1) free-market residential unit, three (3) affordable housing units, and 786 sq ft of commercial net leasable space at 420 East Hyman Ave. Section 2: Plat and Agreement The Applicant shall record a subdivision agreement that meets the requirements of Land Use Code Chapter 26.480, Subdivision, within 180 days of receipt of a Certificate of Appropriateness from the Historic Preservation Commission and Final Commercial Design approval. Once construction is nearly complete but prior to an issuance of Certificate of Occupancy, the developer shall file a condominium plat and associated documents for review and approval by the City Engineer and Community Development Director as outlined in Land Use Code Section 26.480.090, Condominiumization. The condominium plat shall act as the subdivision plat. A separate subdivision plat is not required. Ordinance No. 27, Series 2013 Page 2 of 9 0 • Section 3: Dimensions, Zoning and Buildiny, Requirements All dimensions shall meet the requirements of the Land Use Code in effect on April 4, 2012 (date of initial application), attached as Exhibit B. The approved floor plans are attached as Exhibit A. Minor changes from these are permitted at building permit and during Final Commercial Design Review by the Historic Preservation Commission. Areas labeled as "roof' or "green roof' are not permitted for use as a deck. Final floor plans shall meet adopted Building Code requirements for accessibility for all units. The project is subject to all conditions included in HPC Resolution 17 and HPC Resolution 28, Series of 2012. Section 4: Final Design Review Following the adoption by the HPC of a resolution approving or approving with conditions Final Commercial Design Review, the City Council shall be notified of the action to allow the City Council an opportunity to avail itself of the call up procedures set forth in Aspen Land Use Code Section 26.412.040.13 Appeals, notice to City Council and call-up. The call up shall be limited to Final Design Review. Section 5: Engineering The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21, as may be amended from time to time and all construction and excavation standards published by the Engineering Department, as may be amended from time to time. Applicant acknowledges that encroachment onto the Hyman Avenue pedestrian mall will be prohibited without the express permission of the City Engineer or City Council. Approval of this project by the City shall not be deemed an approval of any construction encroachments onto City right of way or the waiver of any restrictions on encroachment into the right of way. 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 fee - in -lieu of detention (FIL), it can only be applied to existing impervious areas. All new impervious areas will need to discharge at historic rates. Any discharge from the site must be made to the south mall side of the building opposed to the north alley side. Minor events must be tied into the storm sewer with a manhole. The manhole lid must be located below the mall bricks. Major events must discharge to the mall. Any proposed grade changes to the mall require approval by the Engineering Department. The Construction Management Plan shall describe mitigation for: parking, staging/encroachments, and truck traffic. Ordinance No. 27, Series 2013 Page 3 of 9 Due to the proximity of the neighboring property and the excavation of the building, the Engineering Department shall require an excavation stabilization plan prior to building permit submittal. Section 6: Affordable Housing The three on -site rental affordable housing units, two studio units and one 2-bedroom unit, shall be deed restricted to Category 4. A deed restriction, approved by the Aspen/Pitkin County Housing Authority (APCHA), shall be recorded prior to a Certificate of Occupancy for free market residential component and the commercial component of the project. The affordable housing units shall be compliant with the Aspen/Pitkin County Housing Guidelines. The Subdivision Agreement shall include the following: Owner and APCHA stipulate and agree that, in accordance with C.R.S. 38-12-301(1)(a) and (b), this Deed Restriction constitutes a voluntary agreement and deed restriction to limit rent on the property subject hereto and to otherwise provide affordable housing stock. Owner waives any right it may have to claim that this Deed Restriction violates C.R.S. 38-12-301. More detailed information regarding the management and maintenance of the unit shall be provided to APCHA with the proposed deed restriction prior to CO. The owner shall have the right to rent the unit to tenants qualified under the APPCHA Guidelines. If the owner cannot provide a qualified tenant, the unit shall be rented through APCHA's normal advertising process. At no time shall the tenancy of the unit during a lease period be tied to continued employment by the owner. Tenant leases, however, may be terminated for cause or at the end of the lease period upon termination of employment. The tenant in the rental unit shall be required to be re -qualified by APCHA on a yearly basis. If the owner elects to sell the unit, or they are required to be sold due to noncompliance, owner shall condominiumize the unit and form a condominium association for the management and maintenance thereof. The affordable housing association shall be separate from the free-market residential unit's and commercial unit's association(s). In the event the rental unit is required to become ownership unit due to noncompliance, APCHA or the City may elect to purchase them for rental to qualified tenants in accordance with APCHA Guidelines. Section 7: Fire Mitigation All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Ordinance No. 27, Series 2013 Page 4 of 9 0 • Section 8: Utilities All requirements of the City's most recently Adopted Water System Distribution Standards must be met. Fire suppression is required. Fire flow calculations are required to confirm service size. Additionally Electrical Service should be discussed immediately with the Electric Department to ensure System capacity. If there is not System Capacity it may be necessary for the Developer to place a transformer on site. The Transformer shall meet all pertinent .Electrical Codes, and all City Electrical Setbacks. Section 9: Sanitation District Requirements Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. Oil and Grease interceptors (NOT traps) are required for all food processing establishment. Locations of food processing shall be identified prior to building permit. Even though the commercial space is tenant finish, interceptors will be required at this time if food processing establishments are anticipated for this project. ACSD will not approve service to food processing establishments retrofitted for this use by small under counter TRAPS at a later date. 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. Section 10: Parks 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 10% required off -site Public Amenity space may be satisfied through actual improvements approved by the Parks, Engineering, and Community Development Departments, or through a cash -in -lieu payment of $22,567.50 [(3,009*$75)*10%]. Section 11: 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 12: School Lands Dedication Fee Pursuant to Land Use Code Section 26.620, School Lands Dedication, the Applicant shall pay a fee -in -lieu of land dedication prior to building permit issuance. The City of Aspen Community Development Department shall calculate the amount due using the calculation methodology and fee schedule in effect at the time of building permit submittal. The Applicant shall provide the market value of the land including site improvements, but excluding the value of structures on the site. Section 13: Impact Fees Pursuant to Land Use Code Section 26.610, Impact Fees, the Applicant shall pay a Parks Development impact fee and a Transportation Demand Management (TDM)/Air Quality impact fee assessed at the time of building permit application submittal and paid at Ordinance No. 27, Series 2013 Page 5 of 9 0 • building permit issuance. The amount shall be calculated using the methodology and fee schedule in effect at the time of building permit submittal. Section 14: Cost and Financial Assurances A. Proof of Financing. Before the issuance of a building permit for the development of the property, and as a condition of such approval, owner shall provide to the City Building Department and City Attorney for review and approval, satisfactory evidence that owner has in place sufficient financing to accomplish and complete the construction of the development of the project covered by the building permit and any public improvements identified within an improvements agreement and required under this ordinance; provided, if there is no loan with respect to development of the project, then owner shall provide a letter from a financial institution stating that the owner has funds available in an amount that covers the estimated cost of construction for the development. Such financing may include without limitation, a construction loan from an institutional lender or lenders and equity capital investments and/or donations from owner or third party investors or contributors. In addition, before issuance of a building permit for the project, owner shall provide supporting cost estimates for all improvements covered by the requested building permit prepared by owner's general contractor for review and approval by the City of Aspen Building Department. B. Cash Escrow for Site Enhancement Fund. Before the issuance of a building permit for the project, and as a condition of such issuance, the owner will deposit with a title company the sum of TWO HUNDRED FIFTY THOUSAND DOLLARS AND NO/100THS ($250,000.00) (the "Site Enhancement Escrow Funds") in the form of cash or wired funds pursuant to an Escrow Agreement made and entered into between the owner and the City which shall provide as follows: i. In the event construction work on the development of the project shall cease for ninety (90) days or longer, to a final inspection by the City of the work authorized by a foundation/structural frame permit ("F/SFP") on said parcel and cessation of such construction work continues for a period of one hundred twenty (120) days after notice from the City to the owner specifying the subject work in reasonable detail, or if such breach cannot be cured reasonably within such one hundred twenty (120) day period and owner fails to commence and proceed diligently to cure such breach within a reasonable time period, then the City, in its reasonable discretion, may draw upon the Site Enhancement Escrow Funds from time to time as needed for the purposes of improving the appearance of any construction work not already completed on the site. ii. The Site Enhancement Escrow Funds or any remaining balance thereof shall be returned to the owner, upon completion by the City of a final inspection and issuance of a Certificate of Occupancy for the parcel or when otherwise agreed to by Owner and the City. C. Cash Escrow for Site Protection. Before the issuance of a building permit for the project, and as a condition of such issuance, the owner will deposit with a title company Ordinance No. 27, Series 2013 Page 6 of 9 0 • the sum of TWO HUNDRED FIFTY THOUSAND DOLLARS AND NO/100THS ($250,000.00)("Escrow Funds") in the form of cash or wired funds pursuant to an Escrow Agreement made and entered into between the owner and the City which shall provide as follows: i. In the event construction work on the development of the project shall cease for sixty (60) days or longer ("Work Stoppage"), prior to a final inspection by the City of the work authorized by a foundation/structural frame permit ("F/SFP") on such lot, and cessation of such construction work continues for a period of thirty (30) days after notice from the City to owner specifying the subject work in reasonable detail, or if such breach cannot be cured reasonably within such thirty (30) day period and the owner fails to commence and proceed diligently to cure such breach within a reasonable time period, then the City in its reasonable discretion may draw upon the Escrow Funds from time to time as needed for the purposes of protecting and securing the construction site and improvements thereon from damage by the elements and/or from trespass by unauthorized persons, and for purposes of improving the site to a safe condition such that it does not become an attractive nuisance or otherwise pose a threat to neighbors or other persons. ii. Half of the Escrow Funds shall be returned to the owner upon completion by the City of a final inspection of the work authorized by the Foundation/Structural Frame Permit on the project. The balance of funds shall be returned to the owner once exterior finishes to the building have been installed. Section 15: Pursuant to Section 26.480.050 of the City of Aspen Land Use Code, any subdivision shall be consistent with the character of existing land uses in the area and not adversely affect the future development of surrounding areas. Council finds that commercial uses within the downtown core of the City of Aspen are essential to maintaining vitality within the City. Residential uses within the downtown core have in the past caused conflict with the character of the commercial core. To comply with these requirements of Section 26.480.050 and minimize the conflict between residential and commercial uses, prior to the sale of any unit approved herein, the Owner shall prepare and cause to be recorded covenants that run with the land pursuant to the Colorado Common Interest Ownership Act, C.R.S. Section 38-33.3-101, et seq. Such covenants shall contain the following language: The applicant shall include in its Covenants, Conditions and Restrictions a notice that will be distributed to future residential owners and tenants of the project, which shall explain the nature of a residing in the Commercial Core ("CC") zone district. As part of any sale of the residential unit(s), the Buyer of the residential property shall be required to: 1. Acknowledge he/she resides the CC zone district and is aware of the types of uses permitted in the CC zone district; Ordinance No. 27, Series 2013 Page 7 of 9 • 2. Acknowledge extended hours of operation for commercial and other permitted uses in the CC zone district; 3. Acknowledge there will be possible noise emanating from such uses throughout the day and night; 4. Agree not to interfere with or object to activities lawfully permitted in the CC zone district; and 5. Agree not to attempt to prevent any allowed and lawful commercial uses in the CC zone district from opening or operating in the commercial spaces for the project. The foregoing shall be contained in a permanent restrictive covenant or deed restriction made for the benefit of the applicant and the City of Aspen, running with the land and enforceable by the applicant or City of Aspen. All these risks, costs, hardships and potential value diminution resulting from this covenant as to any owner, resident, or occupant of the premises has been freely accepted as consideration for the opportunity to own, reside, maintain, use and enjoy the property. This covenant shall be binding upon all owners, residents and others who occupy the premises and shall inure to the benefit of all other owners, residents and others who occupy the premises and shall inure to the benefit of the City of Aspen. The owners, residents, and others who occupy the premises acknowledge that any anticipated damages in case of any actual or threatened breach of this covenant would be difficult to ascertain; accordingly, any party aggrieved by a violation of this covenant may bring action at law or in equity, ex parte as necessary, in a court of competent jurisdiction, to enforce the terms of this covenant and to enjoin by temporary or permanent injunction any violation of this covenant. Enforcement of this covenant shall be at the sole discretion of the beneficiaries of the covenant and any forbearance to exercise its rights under this covenant for any breach thereof shall not be deemed or construed to be a waiver by any beneficiary of the covenant. All reasonable costs incurred by the beneficiary, including reasonable attorney fees, in enforcing this covenant shall be borne by a party found to have violated the covenant. This covenant shall not be amended without the prior written consent of the City of Aspen. Any amendment with the prior consent of the City shall be deemed a substantive violation and breach of this ordinance. No provision within these covenants shall prohibit any use, occupation or activity within the premises that complies with underlying zoning. This provision may not be amended without the express consent of the City of Aspen. Section 16: 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. Ordinance No. 27, Series 2013 Page 8 of 9 0 0 Section 17• This Ordinance 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 18: 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. Section 19: This Ordinance 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. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 8`h day of July, 2013. Steven Skadron, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this day of , 2013. ATTEST: Kathryn S. Koch, City Clerk Steven Skadron, Mayor APPROVED AS TO FORM: James R. True, City Attorney Exhibits Exhibit A: floor plans and elevations Exhibit B: applicable sections of Land Use Code in effect on April 4, 2013. Ordinance No. 27, Series 2013 Page 9 of 9 • 9 Exhibit A— Staff Findings, Subdivision 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 Findings: There are no applicable adopted Master Plans for this property. The applicant proposes a new mixed -use building that includes residential and commercial uses, which conforms with and is compatible with the uses in the immediate block and the zone district in general. In addition, the approved Conceptual Commercial Design is consistent with the heights, bulk, open space, and architecture in the area. The applicant is providing off -site public amenity space, which was approved as part of their Conceptual Commercial Design Review. There have been concerns raised by all three review boards (HPC, Planning and Zoning Commission, and City Council) about the proposed amount of glazing and compatibility of the material with the Historic District; however materials, windows, and architectural details have yet to be reviewed by the Historic Preservation Commission (HPC) during Final Commercial Design Review, which is scheduled after Subdivision Review. In order to meet the criterion listed above, Staff has added a condition of approval to the draft ordinance that requires City Council be notified after final design approval by HPC to have the opportunity to avail itself of the call up procedures that are in the Code for conceptual approvals. The Planning and Zoning Commission will be asked to provide referral comments prior to HPC reviewing Final Commercial Design. Staff also recommends that the applicant submit updated renderings to show the design intent regarding materials. Staff finds this criterion is met. 2. The proposed subdivision shall be consistent with the character of existing land uses in the area. Staff Findings: The development meets all of the dimensional and use requirements of the Commercial Core (CC) zone district and the area. Staff finds this criterion is met. 3. The proposed subdivision shall not adversely affect the future development of surrounding areas. Staff Findings: The development does not adversely affect future development in the area. It complies with zoning and is consistent with the other subdivisions in the area. Stafffinds this criterion is met. Exhibit A — Staff Findings, Subdivision 420 E. Hyman Ave. Page 1 of 3 4. The proposed subdivision shall he in compliance with all applicable requirements of this Title. Staff Findings: The proposed subdivision complies with all applicable requirements of the Land Use Code. Staff finds this criterion is met. 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. 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 Findings: The proposed subdivision is located on a parcel suitable for the subdivision. There are no known hazards and no steep topography. In addition, the proposed subdivision is in a single mixed -use building so the spatial pattern is efficient. Staff finds this criterion is 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 Findings: The proposed development meets the requirements of 26.580. The Engineering Department has reviewed the proposal and conditions have been added to the Resolution to ensure all Engineering requirements are met. Stafffinds this criterion is 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. Staff Findings: The proposed development meets the requirements of 26.470. Staff finds this criterion is met. Exhibit A — Staff Findings, Subdivision 420 E. Hyman Ave. Page 2 of 3 • E. School land dedication. Compliance with the School land dedication standards set forth at Chapter 26.620. Staff Findings: The applicant will comply with all required school land dedication requirements. A cash -in -lieu payment will be made as part of the building permit. Staff finds this criterion is 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 Findings: The proposed development meets the requirements of the Growth Management Quota System, Chapter 26.470. Growth Management approval was granted by the Planning and Zoning Commission through the adoption of Resolution 13, Series of 2013. Exhibit A - Staff Findings, Subdivision 420 E. Hyman Ave. Page 3 of 3 • 0 C CA 'i CHARLES CUNNIFFE ARCHITECTS July 31, 2013 Ms. Sara Adams City of Aspen 130 South Galena Street Aspen, CO 81611 RE: Design Concept and Construction Management Concept for 420 E. Hyman Avenue, Aspen (Lot O, Block 88, City and Townsite of Aspen; PID #2737-073-39-020 thru -027 and 2737-073-39-801) Dear Sara: With regard to the City's request for a description of design concept and construction management, we submit the following: The building design is an effort to introduce a building of our time using the building technology of today. This allows us to express clarity in the language and logic of construction. It would represent a current solution for a mixed -use core building as many of the other older buildings in town represent building design solutions from over one -hundred years ago. The proposed design suggests a primarily glazed fapade fronting the street with a mullion pattern that divides the fenestration into portions that reflect the surrounding building facades in terms of shape and scale. The introduction of glass is envisioned to suggest a delicate structure and reduce the perceived mass and scale of the proposed building by implying that it is more of a void than another mass along the Hyman Avenue mall. The proposed building also is smaller, in fact, in mass and scale than many of the existing and historic buildings in the immediate vicinity. Examples of this on Hyman Avenue alone are the adjacent Forre- occupied building, the Paragon Building across the street, the Wheeler Opera House at one end of the block, the Elks Building at the other end of the block, the Aspen Drug Building at Hyman and Galena, and the 4-story Roaring Fork Building across the street. The construction of the proposed building would provide for a construction and sound barrier to be placed around the perimeter of the property with primary access from the alley at the rear. Periodic access to the utilities within the mall would be required and this would take place during the allowed times in the off seasons. Temporary construction facilities would be at the alley -side of the property as ongoing work allows. It is anticipated that the construction work would continue over an approximate 18-month period. Sincerely, G L40, Lco� - Charles Cunniffe, AIA P1 _ _. _ _I r _ ...-_ _ _f /- _ ._ _ _ -I _ % / _ -1: _ _. V 11I. \ ,-� , LV♦I 1I I.V` I I I V V.-L11 ly iIRD LEVEL OND LEVEL MAIN LEVEL 100'-0" CO U W 2 U LU LL Z D U U) w I Q U Q> a Q� C } Q CC)_ O ui = z ww a o N oN Q 07/31/13 A3 0 0 • 0 • • 1 NORTH ELEVATION and Formed Concrete - Vertical ,,tal Fascia - Bronze-Coliored Banding ible Railings :OOF LEVEL 135'-0'- HIRD LEVE 12-I'-0" OND LEVEL 115'-61, MAIN LEVEL 100'-O" Spandrel Panel Ultra Clear Low- • = LEVEL 138'-0 ?-LEVEL 127-0" � LEVEL 115-6" 4 LEVEL 100'-01, z uj — Q Q� 2 zz 00 O _ Lj = z ww O CNI o ca C'4Q 07/31 /13 WA WHEELER OPERA _53'++/- T.O. ROOF HYMAN AVE. MALL HYMAN AVE. MALL 420 E. HYMAN 420 E. HYMAN _ 38' T O ROOF ELKS BLDG 48'-2" � T.O. ROOF ASPEN DRUG BLDG "FORRE" BLDG 43'-3" /- T.O. ROOF_ 40'-6"+/- T.O. ROOF 27' UPPER FLOOR . bN-. I/ 2"- lk�- (-.-ySOUTH ELVEVATION E. HYMAN AVE 1 It = 20'-0" - - - NORTH ELEVATION E. HYMAN AVE. 1 = 20 0 U) Lli � qr a� d LL LL LL- �N O O LJ O LL w r LL z Z o 00 U U 2 � U) LLJcc J `a cc o U Z Q O o 75 20 � J =O W W O Z N W Q V d N < ,,I- A5 0 • SECTION THROUGH HYMAN AVE. MALL • 0 U) U Lu F-- 2 U Q u'ti L.L. Z U W N-j {.L TQ i U E 0 U C 7 m 0 zC 20 >— J =0 wU oz N W ,,:1-a U) Q Co? 9 v c C o 00 I OL I lie Art., 4f# —moot E wor, No 0 Ah U) U w 2 U rltl Q E w0 L? 1 'L L L Z U LU I ry Q U Z Q _o QZ 0 _ 20 LLJ = z ww CO O N CO "Zt o Q 'IT 07/31/13 A10 UNOBSTRUCTED VIEW OF BUILDING FROM HYMAN AVENUE MALL 420 E. HYMAN AVE. I � HYMAN AV. MALI, HYMAN AVE. MALL 2 SOUTH ELVEVATION E. HYMAN AVE 1" = 20'-0" 1 NORTH ELEVATION E. HYMAN AVE. 2 ao uj o z 0 oa N a A5 HORIZONTAL WOOD SIDING METAL FASCIA - BRONZE COLOR HORIZONTAL WOOD SIDING i ■ ■ ■. o. HORIZONTAL METAL BANDING - BRONZE COLOR HORIZONTAL WOOD SIDING ANDING - BRONZE ;OLOR TACKED CMU - EIGE COLOR Mimi IORIZONTAL WOOD (DING METAL FASCIA - 3RONZE COLOR iORIZONTAL WOOD iIDING iORIZONTAL METAL 3ANDING - BRONZE Z:OLOR HORIZONTAL WOOD SIDING HORIZONTAL METAL BANDING - BRONZE COLOR STACKED CMU - BEIGE COLOR 420 E. HYMAN AVENUE RENDERED EXTERIOR ELEVATIONS EFLECTIVE, TRANSPARENT LASS PANELS. BRONZE OLOR MULLIONS. :URTAINWALL - 2ANSLUCENT GLASS ANELS. BRONZE COLOR GLASS SPANDREL PANELS. BRONZE COLOR MULLIONS. CURTAINWALL - TRANSLUCENT GLASS PANELS. BRONZE COLOR MULLIONS. CURTAINWALL - OPAQUE GLASS SPANDREL PANE BRONZE COLOR MULLI CURTAINWALL - LOW - REFLECTIVE, TRANSPARENT GLASS PANELS. BRONZE COLOR MULLIONS. CURTAINWALL - LOW - REFLECTIVE, TRANSPARENT GLASS PANELS. BRONZE COLOR MULLIONS. CURTAINWALL - TRANSLUCENT GLASS PANELS. BRONZE COLOR MULLIONS. CURTAINWALL - OPAQUE GLASS SPANDREL PANELS. BRONZE COLOR MULLIONS. CURTAINWALL - LOW - REFLECTIVE, TRANSPARENT GLASS PANELS. BRONZE COLOR MULUONS. CURTAINWALL - OPAQUE GLASS SPANDREL PANELS. BRONZE COLOR MULLIONS. CURTAINWALL - LOW - REFLECTIVE, TRANSPARENT GLASS PANELS. BRONZE COLOR MULLIONS. 0■ 19m CHARLES CUNNIFFE ARCHITECTS r - 1'• \•� �� � ��� 'ii.•• a 11, � • 1��•J w• • ♦ I? �» ^ .. ��`,� may. ,. ��6. .,,, •�� r►. Y. ♦ rji� 1 ,,. � }��. .� e• 7�'S-+ilb�•�� ��� •y'� � 1• 'i +'� it �-"@ L" 1. a:r' �'�+•s4;�%M�`' .. 1 �� ..,�.• �,. Yl • 1 s a o -4V IM"JA I Alwn 4,A IL 0 k �* _Ali WM6a ems. ./ � ' I " _-•-_ - '- -_ �., ._. ~ 1 �v. �` N � -�� ��\ r �" f TRANSLUCENT PLANE TRANSLUCENT PLANE INDICATES OPPOSING INDICATES FRONT WALL OF ADJACENT WALL OF ADJACENT BUILDING ALONG ALLEY BUILDING R Y II H f 420 E. HYMAN AVENUE 0■ 1912 CHARLES CUNNIFFE ARCHITECTS •I � _ ;�, ;� ,,gyp �1 I PIP P4 Ar Millsom. CHARLES CUNNI' AL BRONZE - BRONZE cv emu - COLOR AL METAL - BRONZE - BRONZE 420 E. HYMAN AVENUE RENDERED EXTERIOR ELEVATIONS :URTAINWALL - LOW- EFLECTIVE, TRANSPARENT :LASS PANELS. BRONr :OLOR MULLIONS. :URTAINWALL - RANSLUCENT GLASS ANELS. BRONZE COLOR AULLIONS. :URTAINWALL - OPAQUE ,LASS SPANDREL PANELS. RONZE COLOR MULLIONS. :URTAINWALL - RANSLUCENT GLASS ANELS. BRONZE COLOR AULLIONS. ;URTAINWALL - OPAQ 3LASS SPANDREL PAN ,RONZE COLOR MULLIO :URTAINWALL - LOW- !EFLECTIVE, TRANSPARENT iLASS PANELS. BRONZE :OLOR MULLIONS. CURTAINWALL - LOW - REFLECTIVE, TRANSPARENT GLASS PANELS. BRONZE COLOR MULLIONS. CURTAINWALL - TRANSLUCENT GLASS PANELS. BRONZE COLOR MULLIONS. CURTAINWALL - OPAQUE GLASS SPANDREL PANELS. BRONZE COLOR MULLIONS. CURTAINWALL - LOW - REFLECTIVE, TRANSPARE GLASS PANELS. BROW COLOR MULLIONS. CURTAINWALL - OPAQUE GLASS SPANDREL PANELS. BRONZE COLOR MULLIONS. CURTAINWALL - LOW - REFLECTIVE, TRANSPARENT GLASS PANELS. BRONZE COLOR MULLIONS. 0■ 1912 CHARLES CUNNIFFE ARCHITECTS f�, yyyj� rz�� ,],_ /S� t, �• � 1 .L. /'� �i • � � _.. � V � , � .� {SST ��• t � ) VA skit IF Mn lima 141, r _ > .� � N •f� r _ _L ICU pt • :'. a.; 41 Rom, ,•���,,, l I ro! 1 7 TRANSLUCENT PLANE INDICATES OPPOSING WALL OF ADJACENT BUILDING ALONG ALLEY 420 E. HYMAN AVENUE I TRANSLUCENT PLANE INDICATES FRONT WALL OF ADJACENT BUILDING 0■ 1912 CHARLES CUNNIFFE ARCHITECTS ar Vim'\ MC v 0 30'-1 21 /256" DUMBWAITE REAR VESTIBI ELEVATOR RESTAURAN EGRESS STAY EGRESS STAII 3 MAIN LEVEL FLOOR PLAN 1116" = 1'-0" DUMBWAITER EGRESS STAIR #2 O O 0 ELEVATC EGRESS STAIR 4 D LOWER LEVEL FLOOR PLAN 1/16" = P-0" i i ! 30'-1 21/256" MECHA ICAL RO =GRESS STAIR #2 ADJACE BUILDIr EX DE 30'-1 21/256" ALLEY PROPERTY LINE SIDE WALK HYMAN AVENUE MALL 1 SITE / LANDSCAPE / PARKING PLAN 1/16" = 1' 0" RECEIVED AUG 5 2-1 CITY OF ASP' N COMMUNITY C'EVELOPMENT CIO U W 2 U fy Q E W 0 1U L1L 1..L C Z U W J ry Q 2 U )7/31 /13 Al w Q� z o QO �U } = z LLI W D_ c cn 50'-1 21/256" RE5IDENTIAL ROOFTOP MECH. AREA I I I I I I DECK I BELOW 3 ROOF PLAN k.1116" = P-0" 0 0 0 • y 30'-1 21/256" y 7� AHU #: 2-BEDRC UPPE FREE-MAF UNIT # FMU UPPER ELEVATE GREEt ROOF OPEN TO BELOW DTHIRD LEVEL FLOOR PLAN 1/16" = T-0" AHU #1 - STUI AHU #3 2-BEDROOF LOWER BALCONY 0 0 o ELEVATOI STAIR LOBE EGRESS STAI 30'-1 21 /256" I 1 SECOND LEVEL FLOOR PLAN 1116" = P-0" #2 - STUDIO 1MMERCIAL �EE-MARKET UNIT #1 T Z w� Q Q� ZQ OD O _ uj 2 Z ui W O � o «� IQ 07/31/13 AM ���� ���� u nm�wuunen �ueuom�osnnwnr�ruun 1!11T 1111; U 11A ii�Pi�i i��Etlllii All min fill I. IJ i I i M11 0115114A K I I I I 11L In" WIFE" I �I�II�I�,dG,l�� 1111111111swis Ail I I 11,11 a All i 1b, I all all 1 NORTH ELEVATION 1:8" = i' 0' ird Formed Concrete - Vertical tal Fascia - Bronze-Coliored Banding ,le Railings �)OF LEVEL 138'-0" BIRD LEVEL 12'T-O" AND LEVEL ,S 115'-6" MAIN LEVEL 100'-0" Spandrel Panel Ultra Clear Low .._.._�... _ _.�_...� 0 0 U) ROOF LEVEL U — W 138'-0� � U Lu LL THIRD LEVEL � c 12i -0" z U U Lu J SECOND LEVEL _ 115'-6" U Z w� MAIN LEVEL Q _� 100'-01, } zz ao _ �O LLI = z ww a- o � vQ 07/31 /13 &A • A • WHEELER OPERA 53'+/- T.O. ROOF HYMAN AVE. MALL HYMAN AVE. MALL 420 E. HYMAN 420 E. HYMAN 38' T.O. ROOF 27' UPPER FLOOR ASPEN DRUG BLDG "FORRE" BLDG 43'-3"+L T.O. ROOF_. 40'-6"+/- T.O. ROOF ELKS BLDG 48'-2" +/ T.O. ROOF n SOUTH ELVEVATION E. HYMAN AVE 1 " = 20'-0" 1 NORTH ELEVATION E. HYMAN AVE. CIA - co L1J R U LLLL QN C m O 0 w " LL LL _ R _ ZLL Z U r rj O U O ao n w LL W 3 Q �� b M U Z Q O 0 20 _ =o LLl W o z N W C) 'I d N `) • • i L �dl SECTION THROUGH HYMAN AVE. MALL W � ao U oLL LL O+ th Q �N p� n O O w O U rn o LL � z z C) � m m O-W U U = Ix QO 3 Wa a0 Zo y� U U Q U wc� Q b 2 U Z Q o o 20 =o U w LLi p Z " W Q It d N U Q m C A.i I :w ' k' • t ' • iy � Il � r e- •OPEN—y"'�e--_ wAJ .•"."'� pw � A�l W6 A.r wl J�rcc C r= i CAS:HARD ONLY �. �r 1 --••••sItIli looml�' 6 Ir d c c • No U) U W 2 U Q E W0 U L Z D U W J ry Q U Q > Q(D 2 Qz00 _ �o ui = z ww CDa_ N Q 07/31 /13 /' 1 UNOBSTRUCTED VIEW OF BUILDING FROM HYMAN AVENUE MALL 11�1�1�1�1�1M 1V1�1�1�1� 1�1�1�1�1�1�1�1 • 1_1 1 ETAU 1\O• M1I1�1�1� � 1V1V1V1V1V1V1V1 I1/11\ • ♦ 1\��1�1 �1�1�1�1\ i iV1V1V1V1V1V1\v,,V111 1 ,V Mr. �V1V1V1V1t1�1�1 _ __ _ • COMMON NON -UNIT AREA DESCRIPTION FAR DESCRIPTION FAR TOTAL BUILDING 100.00% TOTAL COMMON 100.00% FAR' 9481 SF NON -UNIT AREA 461 SF COMMERCIAL 55.78% APPORTIONED TO 55.78% FAR 5288 SF COMMERCIAL 257.15 SF AFFORDABLE 22.79% APPORTIONED TO 22.79% HOUSING FAR 2161 SF AFFORDABLE HOUSING 105.06 SF FREE-MARKET 21.43% APPORTIONED TO 21.43% HOUSING FAR 2032 SF FREE-MARKET HOUSING 98 79 SF WITHOUT COMMON NON -UNIT AREA AND DECKS • s • ICE FAR TABULATIONS: r1�_ DECK AREA GROSS AREA EXEMPT AREA FAR BASEMENT 0 GSF 0 GSF 0 SF MAIN LEVEL COMMON NON -UNIT DECK 143 GSF 143 GSF 0 SF SECOND LEVEL COMMON NON -UNIT DECK 227 GSF FREE-MARKET DECK 76 GSF THIRD LEVEL COMMON NON -UNIT DECK 0 GSF FREE-MARKET DECK 308 GSF FREE-MARKET DECK CALCULATION 76 SF + 308 SF + 79.29 SF = 463.29 SF ACTUAL COMMON NON -UNIT DECK CALCULATION 370 SF ' 55.78% = 206.39 SF TO COMMERCIAL 370 SF ' 22.79% = 84.32 SF TO AFFORDABLE 370 SF ' 21.43% = 79.29 SF TO FREE-MARKET ALLOWABLE FAR: 15% OF ALLOWABLE I OR 1241 SF TOTAL ALLOWABLE COMMERCIAL: 903 SF ALLOWABLE AFFORDABLE: 320 SF ALLOWABLE FREE-MARKET: 338 SF ZONING ANALYSIS AFFORDABLE HOUSING AREA FREE-MARKET HOUSING AREA COMMERCIAL AREA GROSS AREA EXEMPT AREA FAR I GROSS AREA EXEMPT AREA FAR I GROSS AREA EXEMPT AREA BASEMENT 0 GSF 0 GSF 0 SF MAIN LEVEL 0 GSF 0 GSF 0 SF SECOND LEVEL 1558 GSF 0 GSF 1558 SF THIRD LEVEL 657 GSF 54 GSF 603 SF AFFORDABLE HOUSING DECK 84.32 SF 320 GSF 0 SF COMMON NON -UNIT AREA APPORTIONED TO AFFORDABLE HOUSING 105.06 SF TOTALPROPOSED AFFORDABLE FAR 2266.06 SF ALLOWABLE FAR: NO LIMIT ZONE DISTRICT: COMMERCIAL CORE (CC) LOT SIZE 3009 SF TOTAL ALLOWABLE FAR 2.75:1 8275 SF ALLOWABLE COMMERCIAL FAR 2:1 6018 SF ALLOWABLE AFFORDABLE HOUSING FAR NO LIMIT ALLOWABLE FREE MARKET HOUSING FAR .75:1 2257 SF 'IF MATCHED WITH AHU ON -SITE ALLOWABLE DECK, LOGGIA, ETC. AREAS 15% 1241 SF ALLOWABLE CARPORT AREA 250 SF X 4 = 1000 SF (250 SF ALLOWABLE PER DWELLING UNIT) BASEMENT 0 GSF 0 GSF 0 SF MAIN LEVEL 0 GSF 0 GSF 0 SF SECOND LEVEL 501 GSF 0 GSF 501 SF THIRD LEVEL 1645 GSF 114 GSF 1531 SF FREE-MARKET DECK 463.29 SF 338 GSF 125.29 SF COMMON NON -UNIT AREA APPORTIONED TO FREE-MARKET HOUSING 98.79 SF TOTAL PROPOSED FREE-MARKET FAR 2256.08 SF ALLOWABLE FAR: 2257 SF AND NOT TO EXCEED AFFORDABLE HOUSING FAR PROPOSED FAR SUMMARY AREA DESCRIPTION BASEMENT 3000 GSF MAIN LEVEL 2780 GSF SECOND LEVEL 2647 GSF FAR BASEMENT 3000 GSF 3000 GSF 0 SF MAIN LEVEL 1984 GSF 15 GSF 1969 SF SECOND LEVEL 319 GSF 0 GSF 319 SF THIRD LEVEL 0 GSF 0 GSF 0 SF COMMERCIAL DECK 206.39 SF 903 GSF 0 SF COMMON NON -UNIT AREA APPORTIONED TO COMMERCIAL 257.15 SF TOTAL PROPOSED COMMERCIAL FAR 2545.17SF ALLOWABLE FAR: 6018 SF FAR TOTAL BASEMENT WALL AREA 2600 SF EXPOSED WALL AREA 0 SF PERCENT EXPOSED TO APPLY TO FAR 0% CONTRIBUTION TO FAR 0 SF DEDUCTIONS FOR DUMBWAITER 15 SF DEDUCTIONS FOR CARPORT 543 SF DECKS 0 SF CONTRIBUTION TO FAR 2022 SF w .cunniffe.com U W H 2 U 0_ Q W LL ILL Z Z Z) U U) W .J D_ Q 2 U Z Q } 2 W O N It vQ DEDUCTIONS FOR ELEVATOR 61 SF DECKS 0 SF DRAWING CONTRIBUTION TO FAR 2586 SF ISSUE; DATE. THIRD LEVEL 2302 GSF DEDUCTIONS FOR STAIRS 168 SF JOB 1211 DECKS 125.29 SF CONTRIBUTION TO FAR 2259.29 SF SHEET No. AO.2 FAR TOTAL PROPOSED FAR 7067.29 SF ALLOWABLE FAR: 8275 SIF AWArt ram/. ••♦�• i i A ••��u ►�Oi`e�i OOOOi C • AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 426 , Aspen, CO SCHEDULED PUBLIC HEARING DATE: MrAn�u a A-u�-, 12 P_ So , 2013 STATE OF COLORADO ) ss. County of Pitkin ) (name, please print) -PAC being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing 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) • • 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. Signature The for oing "Affidavit of Notice" was acknowledged before me this Z day of , 2013, by PUBLIC NOTICE REA20 E HYMAN AVE - SUBDIVISION REVIEW NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, August 12, 2013, at a meeting to begin at 5 p.m. before the Aspen City Council, Council Chambers, City Hell, 130 S. Gale- na St., Aspen, to consider an application submitted by John Martin. P.O Box 297, Queenstown, 9348, New Zealand, represented by Charles Cunniffe Ar- chitects. The•applicanl is requesting Subdivision Review for the construction of a new three story mixed use building located at 420 E. Hyman Street, Lot O, Block 88, Duvike Condominiums, City and Townsite of As en, Colorado. For further informa- tion, contact Sare Adams at the City of Aspen Community Development Department, 130 S. Ga- lena St., Aspen, CO, (970) 429-2778, sara.ad- ams®ciryofaspen.com. slSteven Skadron Publish in The Aspen Times on July 25, 2013 9392055 WITNESS MY HAND AND OFFICIAL SEAL My commission expires: Notary Public ATTACHMENTS AS APPLICABLE: * COPY OF THE PUBLICATION * PHOTOGRAPH OF THE POSTED NOTICE (SIGN) * LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTIED BY MAIL * APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY; Aspen, CO SCHEDULED PUBLIC HEARING DATE: _A�ac,,t tsT 1 l— , 20T�? STATE OF COLORADO ) ss. County of Pitkin ) 1, 112,1 A �A 61 E5T (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. XPosting 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 the2lo ay of .�t.tLY , 20L�, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. XMailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) • Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAS or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing "Affidavit of Notice" was acknowledged before me this 12. day of Acu pus t- , 20� by -gri ��• °•,,�, WITNESS MY HAND AND OFFICIAL SEAL TC;yI 2C:')+E sr'�RSKY ss My commission expires: �$ o t Notary Public my con' a-, 08 -W015 ATTACHMENTS AS APPLICABLE: • COPY OF THE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 PUBLIC NOTICE PUBLIC NOTICE RE: 420 E HYMAN AVE — SUBDIVISION REVIEW NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, August 12, 2013, at a meeting to begin at 5 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by John Martin, P.O Box 297, Queenstown, 9348, New Zealand, represented by Charles Cunniffe Architects. The applicant is requesting Subdivision Review for the construction of a new three story mixed use building located at 420 E. Hyman Street, Lot O, Block 88, Duvike Condominiums, City and Townsite of Aspen, Colorado. For further information, contact Sara Adams at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2778, sara.adams@cityofaspen.com. s/Steven Skadron Mayor Published in the Aspen Times on July 25, 2013 City of Aspen Account .204 SOUTH GALENA STREET LLC 305-7 MILL STREET LLC 400 HYMAN LLC SHERMAN & HOWARD LLC 412 N PAULINA 6829 QUEENFERRY CIR 201 N MILL ST #201 CHICAGO, IL 60622 BOCA RATON, FL 33496 ASPEN, CO 81611 400 HYMAN LLC 407 HYMAN LLC 409 EAST HYMAN LLC 5454 CR 346 416 MOORE DR 63 FOX PROWL SILT, CO 81652 ASPEN, CO 81611 CARBONDALE, CO 81623 434 EAST COOPER AVENUE LLC 514 AH LLC 517 EAST HOPKINS AVENUE LLC 2001 N HALSTED STE 304 514 E HYMAN AVE 517 E HOPKINS AVE CHICAGO, IL 60614 ASPEN, CO 81611 ASPEN, CO 81611 AP RT 29 LLC ASPEN FILM ASPEN FIRE PROTECTION DISTRICT 418 E COOPER AVE #207 110 E HALLAM ST #102 420 E HOPKINS AVE ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 AVH ONION VENTURES II LLC 8.208% B P O E CONDO ASSOC BARNETT-FYRWALD HOLDINGS INC 601 E HYMAN AVE COMMON AREA 2222 COTTONDALE LN #200 ASPEN, CO 81611 210 S GALENA ST LITTLE ROCK, AR 722022017 ASPEN. CO 81611 BLAU JEFF T BPOE ASPEN LODGE #224 BRAND BUILDING LLC C/O RELATED COMPAINES 210 S GALENA ST #21 205 S GALENA ST 60 COLUMBUS CIRCLE FL 19 ASPEN, CO 81611 ASPEN, CO 81611 NEW YORK, NY 10023 CARLSON BRUCE E TRUST CHARLIES COW COMPANY LLC CITY OF ASPEN PO BOX 3587 315 E HYMAN AVE ATTN FINANCE DEPT ASPEN, CO 81612 ASPEN, CO 81611 130 S GALENA ST ASPEN, CO 81611 COLLINS BLOCK LLC COTTONWOOD VENTURES II LLC COTTONWOOD VENTURES II LLC 205 S GALENA ST 419 E HYMAN AVE ATTN JANA FREDERICK ASPEN, CO 81611 ASPEN, CO 81611 300 CRESCENT CT STE 850 DALLAS, TX 75201 COX JAMES E LIVING TRUST DCGB LLC DOLE MARGARET M 3284 SURMONT DR ATT GIORGIO RIGHETTI CFO 400 E HYMAN AVE #302 LAFAYETTE, CA 94549 610 WEST 52 ST ASPEN, CO 816111989 NEW YORK, NY 10019 DUVIKE INC ELKS LODGE 224 F & M VENTURES LLC C/O AERSCAPE LTD 210 S GALENA ST STE 21 C/O MORRIS & FYRWALD RE 230 S MILL ST ASPEN, CO 81611 415 E HYMAN AVE ASPEN, CO 81611 ASPEN, CO 81611 • FIERCELY LOCAL FOOTLOOSE MOCCASIN MAKERS INC 328 E HYMAN AVE C/O MANUEL GOUVEIA ASPEN, CO 81611 44 SILVERADO CT. CANON CITY, CO 81212 GALENA COOPER LLC 601 E HYMAN ASPEN, CO 81611 GODIVA HOLDINGS LLC 435 E MAIN ST ASPEN, CO 81611 HALL CHARLES L PO BOX 1819 ASPEN, CO 81612 HYMAN MALL COMMERCIAL CONDOS LLC PO BOX 1028 ASPEN, CO 81612 ISIS THEATRE CONDO ASSOC COMMON AREA 406 E HOPKINS AVE ASPEN. CO 81611 KAUFMAN GIDEON I C/O KAUFMAN & PETERSON 315 E HYMAN AVE #305 ASPEN. CO 81611 LINDNER FRITZ DISCLAIMER TRUST 50% 66966 TEN PEAKS CT BEND, OR 97701 MTN ENTERPRISES 80B C/O HILLIS OF SNOWMASS PO BOX 5739 EAGLE, CO 816315739 GECMC 2007 Cl PARAGON BUILDING LLC 230 PARK AVE 12TH FL NEW YORK, NY 10169 GORDON DAVID F & LETICIA LLC C/O JOE RACZAK/NORTH OF NELL MGT 555 E DURANT ASPEN. CO 81611 HINDERSTEIN FAM REV TRUST 4415 HONEYMOON BAY RD GREENBANK, WA 98253 ISIS BUILDING LLC 602 E COOPER #202 ASPEN. CO 81611 KANDYCOM INC 766 SINGING WOOD DR ARCADIA, CA 91006 KREVOY SUSANNE SEPARATE PROP TRST 50% 2311 LA MESA DR SANTA MONICA, CA 90402 LOMA ALTA CORPORATION PO BOX 886 LANCASTER, TX 75146-0886 NH ONION VENTURES II LLC 16.918% 601 E HYMAN AVE ASPEN, CO 81611 G&KLAND COLLC 140 PITKIN MESA DR ASPEN, CO 81611 GLENROY PARTNERS 2.9% PO BOX 2157 SANTA CRUZ, CA 95063 GRIFFITH LARRY R 19794 ESCADA CT REDDING. CA 96003 HORSE ISLAND LLC 300 CRESCENT CT STE #850 DALLAS, TX 75201 ISIS GROUP C/O COURTNEY LORD 631 W BLEEKER ST ASPEN, CO 81611 KANTZER TAYLOR M FAM TRST #1 216 SEVENTEENTH ST MANHATTAN BEACH. CA 90266 LEVY LAWRENCE F & CAROL 444 N MICHIGAN AVE #3500 CHICAGO. IL 60611 MILL STREET PLAZA ASSOC LLC 602 E COOPER #202 ASPEN, CO 81611 OSA TRUST 50% C/O KREVOY SUSANNE BELZBERG 2311 LA MESA DR SANTA MONICA, CA 90402 P & L PROPERTIES LLC PARAGON PENTHOUSE LLC RED ONION INVESTORS LLC 65.784% 101 S 3RD ST #360 9950 SANTA MONICA BLVD 418 E COOPER ST #207 GRAND JUNCTION, CO 81501 BEVERLY HILLS, CA 90212 ASPEN, CO 81611 �-1 RG ONION VENTURES II LLC 6.9% SH ONION VENTURES II LLC 2.19% SILVER SLAM COMMERCIAL LLC 601 E HYMAN AVE 601 E HYMAN AVE C/O RELATED COMPANIES/ JEFF BLAU ASPEN, CO 81611 ASPEN, CO 81611 60 COLUMBUS CIR NEW YORK, NY 10023 WALL JANET REV TRUST 9762 BURNLEY PL BEVERLY HILLS, CA 90210 WHEELER BLOCK BUILDING LLC TKG MANAGEMENT INC C/O 211 N STADIUM BLVD STE 201 COLUMBIA, MO 65203 WOODS FAMILY LP PO BOX 11468 ASPEN. CO 81612 WELLS FARGO BANK C/O THOMSON PROPERTY TAX SERVICES PO BOX 2609 CARLSBAD, CA 92018 WHEELER SQUARE - CASPER FAMILY LLC 315 E HYMAN ASPEN, CO 81611 WENDELIN ASSOC 150 METRO PARK ROCHESTER, NY 14623 WILLIAMS DEXTER M 82 W LUPINE DR ASPEN, CO 81611 MEMORANDUM TO: Mayor Skadron and Aspen City Council FROM: Sara Adams, Senior Planner THRU: Chris Bendon, Community Development Director' +fin RE: 420 E. Hyman Ave — Subdivision Review v V Second Readinz, Ordinance No. 27, Series of 2013 MEETING DATE: August 12, 2013 APPLICANT /OWNER: John Martin. REPRESENTATIVE: Charles Cunniffe Architects. LOCATION: 420 E. Hyman Ave. CURRENT ZONING: CC (Commercial Core) SUMMARY: The Applicant requests Subdivision Review for a demolition and replacement of the building that currently houses Zocalito and CB Paws. STAFF RECOMMENDATION: Staff recommends approval of the request with conditions. P&Z RECOMMENDATION: P&Z unanimously recommended approval of the request. Photos: Location of 420 E. Hyman (top) and picture of the building viewed from Hyman Mall (bottom). REQUEST OF CITY COUNCIL: The Applicant is requesting the following land use approvals to demolish and replace the existing building: Page 1 of 5 420 E. Hyman Ave.- Subdivision Review Staff Memo, Second Reading • Subdivision approval (Chapter 26.480, Subdivision) for the creation of multiple residential units in a mixed -use building. (City Council is the final review authority after considering a recommendation from the Planning and Zoning Commission) QUESTIONS FROM FIRST READING: 1.) Concerns about right of way encroachments and construction access. Staff has included language in Section 5: Engineering of the Ordinance that requires any encroachments onto the Mall to be approved by the City Engineer or City Council: "Applicant acknowledges that encroachment onto the Hyman Avenue pedestrian mall will be prohibited without the express permission of the City Engineer or City Council. Approval of this project by the City shall not be deemed an approval of any construction encroachments onto City right of way or the waiver of any restrictions on encroachment into the right of way." The project is required to meet Construction Management Plan requirements. 2.) Explain why Staff recommends call up after Final HPC review. Section 4 of the Ordinance conditions the Subdivision approval on allowing Council the ability to call up the project after Final Design Review. Call up action was already taken by Council after Conceptual Design Review by the Historic Preservation Commission (HPC). Council remanded the application back to HPC with direction to review the mass and scale. The proposed call up in Section 4 of the Ordinance is limited to final design review issues such as materials, fenestration and architectural details. Staff recommends an additional call up for this project due to the comments from Council during the first call up related to the amount of glass proposed for the project. Members of the Planning and Zoning Commission requested the ability to provide referral comments on the Final Design largely due to concerns about the materials. Subdivision Review includes a criterion that the architecture is compatible with the context. This design review criterion is redundant with HPC's task at final design, which is to decide whether the details of the project — materials, architectural details, etc. — are compatible with the historic district. Based on concerns about the architecture voiced by Council during the Conceptual Review call up discussion, Staff felt that it was appropriate to add a condition that allows HPC to conduct final design review and permits Council to be notified of the final approval with the ability for call up. 3.) Provide renderings to show design intent/direction for Council comment. The applicant has submitted updated renderings to show final design intent. 4.) What are the recent downtown projects that have been constructed on the mall? There have not been any scrape and replace projects on the mall in many years. The most recent scrape and replace project downtown is Cooper Street Pier, which is a block off of the pedestrian malls. Smaller remodels have been undertaken at Above the Salt and the Tom Thumb Building (both across from the Wheeler Opera House) and at the end of Hyman Pedestrian Mall. Page 2 of 5 420 E. Hyman Ave.- Subdivision Review Staff Memo, Second Reading BACKGROUND AND PROJECT SUMMARY: The applicant is proposing to demolish the existing two story building and to construct a new three story building. The building currently contains commercial and free market residential uses and is proposed to comprise commercial, free market residential and affordable housing uses. The property is about 3,009 square feet in size and is located within the Commercial Core Historic District. The original application for this redevelopment was made on April 4, 2012, and is subject to the Land Use Code in place at that time which permitted new free-market residential units and an overall allowed height of 38 feet to 42 feet. The project meets the dimensional requirements of the Commercial Core Zone District. EXISTING CONDITIONS AND PREVIOUS APPROVALS: The existing 1970s mixed use building contains commercial uses on the basement, first and second floors. The second floor also contains three free market residential units — two studio units and one 1-bedroom unit. On July 25, 2012, HPC granted conceptual approval for the proposed project including a third floor that is 38 feet high which meets the 38 — 42 feet height limit in the Commercial Core. HPC denied the request to increase the height to 40 feet considering the adjacent historic landmarks to the east. HPC was concerned about the impact that the material palette could have on the mass and scale, and added a condition of approval that mass and scale shall be addressed during Final Review when the materials are finalized. In addition, HPC granted approval for off -site public amenity for the required 10% (300 square feet) subject to review by the Parks Department. This request has changed to either off -site public amenity or a request for cash in lieu payment for public amenity. During call-up procedure on August 27, 2012, City Council remanded the application back to HPC to resolve the mass and scale of the project at Conceptual Review rather than during Final Review. Council expressed concerns about the proposed glass facade and the compatibility of the design with the Historic District. On November 14, 2012 HPC re -reviewed the project and approved the mass and scale for Conceptual Review. On May 21, 2013, the Planning and Zoning Commission (P & Z) granted growth management allotments for the increase in commercial net leasable area, growth management review for multi -family replacement and the development of affordable housing, and a recommendation in support of subdivision review. During the June 11, 2013 P & Z meeting, members of the Commission expressed concerns about the proposed glass fagade and their ability to review the architecture. Staff intends to seek referral comments regarding the materials from the P & Z prior to Final design review by HPC. PROPOSED DEVELOPMENT: The applicant proposes a new three story building as follows: Basement: Commercial First Floor: Commercial Second Floor: Commercial, Free Market Residential, Affordable Housing Third Floor: Free Market Residential, Affordable Housing Page 3 of 5 420 E. Hyman Ave.- Subdivision Review Staff Memo, Second Reading a Table 1: FAR analvsis Allowable Proposed Commercial 2:1 or 6,018 sf. 2,545 sf. Affordable Housing No limit 2,266 sf. Free Market Residential 0.75:11 or 2,257 sf. 2,256 sf. Total 2.75:1 or 8,275 sf. 7,068 sf. Table 2: Net Livable and Net Leasable Area analysis Existing Proposed Increase Commercial 3,610 sf. NLA 4,396 sf. NLA + 786 sf. NLA Free Market Residential 1,292 sf. NLA 1,874 sf. NLA + 582 sf. NLA Affordable Housing 0 1,292 sf. NLA + 1,292 sf. NLA The maximum building height approved by HPC is 38 ft. A mechanical area is proposed at the rear of the roof. No rooftop deck is proposed. STAFF COMMENTS: SUBDIVISION REVIEW A subdivision review is required for this mixed -use building because multiple dwelling units are proposed. The applicant proposes to develop a new free market residential unit, additional commercial net leasable space and proposes to mitigate by expanding an existing deed restricted unit and updating its deed restriction. The subdivision is similar to the other subdivisions seen throughout the downtown area. In reviewing the Subdivision portion of the application, staff believes the proposal meets all applicable review requirements. Subdivision review criterion 26.480.050.A.I requires that the subdivision be compatible with the mix of development in the neighborhood in terms of height, bulk, architecture, etc. There have been concerns raised by all three review boards (HPC, Planning and Zoning Commission, and City Council) about the amount of proposed glazing and compatibility of the material with the Historic District; however materials, windows, and architectural details have yet to be reviewed by the Historic Preservation Commission (HPC) during Final Commercial Design Review, which is scheduled after Subdivision Review. The Planning and Zoning Commission will be asked to provide referral comments prior to HPC reviewing Final Commercial Design. In order to meet the criterion listed above, Staff has added a condition of approval to the draft ordinance that requires City Council be notified after final design approval by HPC to have the opportunity to call up the project, similar to the call up process for conceptual approvals. The applicant is aware of the concerns and has indicated that the material palette is still being refined. The most updated renderings are included in the council packet. Staff recommends that City Council request that the applicant submit renderings of the materials to show the direction that the design is headed for review during second reading. 1 0.75:1 is permitted only when affordable housing equal to 100% of the free-market residential floor area is developed on the same parcel. Page 4 of 5 420 E. Hyman Ave.- Subdivision Review Staff Memo, Second Reading • 0 The project is currently served by utilities and the new building shall meet all applicable building and fire codes. In addition, the applicant shall meet all applicable engineering requirements, including all drainage requirements. REFERRAL AGENCY COMMENTS: The City Engineer, Fire Marshal, Water Department, Aspen Sanitation District, Building Department, Parks Department, and APCHA have all reviewed the proposed application and their requirements have been included as conditions of approval when appropriate. A copy of the Referral Agency comments is attached as Exhibit B. PLANNING & ZONING COMMISSION COMMENTS: The Planning and Zoning Commission voted 5 to 0 in favor of Subdivision and in approval of Growth Management. A copy of the minutes from their May 21 st meeting is attached as Exhibit D. RECOMMENDATION: STAFF RECOMMENDATION: Staff recommends approval of the project with conditions, and strongly recommends that the applicant submit updated renderings of the project to show design intent regarding materials for second reading. PROPOSED MOTION: "I move to approve Ordinance #27, Series 2013, approving a Subdivision Review for the project located at 420 E. Hyman Ave. on Second Reading." ATTACHMENTS: Exhibit A - Subdivision Review Criteria, Staff Findings Exhibit B - DRC Comments Exhibit C - P & Z Resolution #13, Series of 2013 Exhibit D - May 21, 2013 P&Z minutes Exhibit E - Application Page 5 of 5 420 E. Hyman Ave.- Subdivision Review Staff Memo, Second Reading 0 0 Ordinance No. 27, (SERIES OF 2013) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING SUBDIVISION, FOR THE DEVELOPMENT OF ONE (1) FREE-MARKET RESIDENTIAL UNIT, THREE (3) AFFORDABLE HOUSING UNITS, AND 786 SQ FT OF NEW COMMERCIAL SPACE FOR THE PROPERTY LOCATED AT 420 EAST HYMAN AVE, LOT O, BLOCK 88, AKA DUVIKE CONDOMINIUMS, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2 73 7-03 7-39-020 THRU -027 AND 2737-073-39-801 WHEREAS, the Community Development Department received an application from John Martin, represented by Charles Cunniffe Architects, Inc. requesting approval of Free -Market Residential, Affordable Housing, and Commercial Growth Management Allotments, and Subdivision, to demolish the existing building and to construct a new three story building to include one (1) free-market residential unit, three (3) affordable housing units, and 786 sq ft of new net leasable commercial space; and, WHEREAS, the Applicant requests approval by the Planning and Zoning Commission Free -Market Residential, Affordable Housing, and Commercial Growth Management Allotments; and, WHEREAS, the Applicant requests a recommendation by the Planning and Zoning Commission to the City Council for Subdivision approval; and, WHEREAS, the property is zoned Commercial Core (CC); and, WHEREAS, the property is located within the Commercial Core Historic District and is not considered a contributing building to the integrity of the Historic District; and WHEREAS, on July 25, 2012 and on November 14, 2012 the Historic Preservation Commission granted Conceptual Commercial Design Review and Conceptual Major Development Review approval via Resolution # 17 and Resolution #28, Series of 2012 WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended approval of the application; and, WHEREAS, during a duly noticed public hearing on May 21, 2013, the Planning and Zoning Commission approved Resolution No.13, Series of 2013, by a five to zero (5 — 0) vote, approving one (1) Free -Market Residential Growth Management Allotments, three (3) Affordable Housing Growth Management Allotment, and 786 sq. ft. Commercial Ordinance No. 27, Series 2013 Page 1 of 6 Growth Management Allotments, and recommending the Aspen City Council approve a Subdivision; and, WHEREAS, on July 8, 2013 the Aspen City Council approved Ordinance No. 27, Series 2013, on First Reading by a four to zero (4 - 0) vote, approving with conditions a subdivision of the Property; and, WHEREAS, during a public hearing on August 22, 2013, the Aspen City Council approved Ordinance No. 27, Series 2013, by a to vote, approving with conditions a subdivision of the Property; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal; with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council approves a Subdivision review allowing for the development of one (1) free-market residential unit, three (3) affordable housing units, and 786 sq ft of commercial net leasable space at 420 East Hyman Ave. Section 2: Plat and Agreement The Applicant shall record a subdivision agreement that meets the requirements of Land Use Code Chapter 26.480, Subdivision, within 180 days of a Certificate of Appropriateness from the Historic Preservation Commission and Final Commercial Design approval. Once construction is nearly complete but prior to an issuance of Certificate of Occupancy, the developer shall file a condominium plat and associated documents for review and approval by the City Engineer and Community Development Director as outlined in Land Use Code Section 26.480.090, Condominium ization. The condominium plat shall act as the subdivision plat. A separate subdivision plat is not required. Ordinance No. 27, Series 2013 Page 2 of 6 Section 3: Dimensions, Zoning and Building Requirements All dimensions shall meet the requirements of the Land Use Code in effect on April 4, 2012 (date of initial application), attached as Exhibit B. The approved floor plans are attached as Exhibit A. Minor changes from these are permitted at building permit and during Final Commercial Design Review by the Historic Preservation Commission. Areas labeled as "roof' or "green roof' are not permitted for use as a deck. Final floor plans shall meet adopted Building Code requirements for accessibility for all units. The project is subject to all conditions included in HPC Resolution 17 and HPC Resolution 28, Series of 2012. Section 4: Final Design Review Following the adoption by the HPC of a resolution approving or approving with conditions Final Commercial Design Review, the City Council shall be notified of the action to allow the City Council an opportunity to avail itself of the call up procedures set forth in Aspen Land Use Code Section 26.412.040.B Appeals, notice to City Council and call-up. The call up shall be limited to Final Design Review issues including: materials, fenestration, and architectural details. Section 5: Engineering The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21, as may be amended from time to time and all construction and excavation standards published by the Engineering Department, as may be amended from time to time. Applicant acknowledges that encroachment onto the Hyman Avenue pedestrian mall will be prohibited without the express permission of the City Engineer or City Council. Approval of this project by the City shall not be deemed an approval of any construction encroachments onto City right of way or the waiver of any restrictions on encroachment into the right of way. 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 fee - in -lieu of detention (FIL), it can only be applied to existing impervious areas. All new impervious areas will need to discharge at historic rates. Any discharge from the site must be made to the south mall side of the building opposed to the north alley side. Minor events must be tied into the storm sewer with a manhole. The manhole lid must be located below the mall bricks. Major events must discharge to the mall. Any proposed grade changes to the mall require approval by the Engineering Department. The Construction Management Plan shall describe mitigation for: parking, staging/encroachments, and truck traffic. Ordinance No. 27, Series 2013 Page 3 of 6 Any proposed grade changes to the mall require approval by the Engineering Department. The Construction Management Plan shall describe mitigation for: parking, staging/encroachments, and truck traffic. Due to the proximity of the neighboring property and the excavation of the building, the Engineering Department shall require an excavation stabilization plan prior to building permit submittal. Section 6: Affordable Housing The three on -site rental affordable housing units, two studio units and one 2-bedroom unit, shall be deed restricted to Category 4. A deed restriction, approved by the Aspen/Pitkin County Housing Authority (APCHA), shall be recorded prior to a Certificate of Occupancy for free market residential component and the commercial component of the project. The affordable housing units shall be compliant with the Aspen/Pitkin County Housing Guidelines. The Subdivision Agreement shall include the following: Owner and APCHA stipulate and agree that, in accordance with C.R.S. 38-12-301(1)(a) and (b), this Deed Restriction constitutes a voluntary agreement and deed restriction to limit rent on the property subject hereto and to otherwise provide affordable housing stock. Owner waives any right it may have to claim that this Deed Restriction violates C.R.S. 38-12-301. More detailed information regarding the management and maintenance of the unit shall be provided to APCHA with the proposed deed restriction prior to CO. The owner shall have the right to rent the unit to tenants qualified under the APPCHA Guidelines. If the owner cannot provide a qualified tenant, the unit shall be rented through APCHA's normal advertising process. At no time shall the tenancy of the unit during a lease period be tied to continued employment by the owner. Tenant leases, however, may be terminated for cause or at the end of the lease period upon termination of employment. The tenant in the rental unit shall be required to be re -qualified by APCHA on a yearly basis. If the owner elects to sell the unit, or they are required to be sold due to noncompliance, owner shall condominiumize the unit and form a condominium association for the management and maintenance thereof. The affordable housing association shall be separate from the free-market residential unit's and commercial unit's association(s). In the event the rental unit is required to become ownership unit due to noncompliance, APCHA or the City may elect to purchase them for rental to qualified tenants in accordance with APCHA Guidelines. Ordinance No. 27, Series 2013 Page 4 of 6 Section 7: Fire Mitigation All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Section 8: Utilities All requirements of the City's most recently Adopted Water System Distribution Standards must be met. Fire suppression is required. Fire flow calculations are required to confirm service size. Additionally Electrical Service should be discussed immediately with the Electric Department to ensure System capacity. If there is not System Capacity it may be necessary for the Developer to place a transformer on site. The Transformer shall meet all pertinent Electrical Codes, and all City Electrical Setbacks. Section 9: Sanitation District Requirements Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. Oil and Grease interceptors (NOT traps) are required for all food processing establishment. Locations of food processing shall be identified prior to building permit. Even though the commercial space is tenant finish, interceptors will be required at this time if food processing establishments are anticipated for this project. ACSD will not approve service to food processing establishments retrofitted for this use by small under counter TRAPS at a later date. 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. Section 10: Parks 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 10% required off -site Public Amenity space may be satisfied through actual improvements approved by the Parks, Engineering, and Community Development Departments, or through a cash -in -lieu payment of $22,567.50 [(3,009*$75)* 10%]. Section 11: 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 12: This Ordinance 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. Ordinance No. 27, Series 2013 Page 5 of 6 Section 13: 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. Section 14• This Ordinance 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. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 8`h day of July, 2013. Steven Skadron, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this day of , 2013. ATTEST: Steven Skadron, Mayor APPROVED AS TO FORM: Kathryn S. Koch, City Clerk James R. True, City Attorney Exhibit A: floor plans and elevations Ordinance No. 27, Series 2013 Page 6 of 6 Exhibit A— Staff Findings, Subdivision 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 Findings: There are no applicable adopted Master Plans for this property. The applicant proposes a new mixed -use building that includes residential and commercial uses, which conforms with and is compatible with the uses in the immediate block and the zone district in general. In addition, the approved Conceptual Commercial Design is consistent with the heights, bulk, open space, and architecture in the area. The applicant is providing off -site public amenity space, which was approved as part of their Conceptual Commercial Design Review. There have been concerns raised by all three review boards (HPC, Planning and Zoning Commission, and City Council) about the proposed amount of glazing and compatibility of the material with the Historic District; however materials, windows, and architectural details have yet to be reviewed by the Historic Preservation Commission (HPC) during Final Commercial Design Review, which is scheduled after Subdivision Review. In order to meet the criterion listed above, Staff has added a condition of approval to the draft ordinance that requires City Council be notified after final design approval by HPC to have the opportunity to avail itself of the call up procedures that are in the Code for conceptual approvals. The Planning and Zoning Commission will be asked to provide referral comments prior to HPC reviewing Final Commercial Design. Staff also recommends that the applicant submit updated renderings to show the design intent regarding materials. Stafffinds this criterion is met. 2. The proposed subdivision shall be consistent with the character of existing land uses in the area. Staff Findings: The development meets all of the dimensional and use requirements of the Commercial Core (CC) zone district and the area. Stafffinds this criterion is met. 3. The proposed subdivision shall not adversely affect the future development of surrounding areas. Staff Findings: The development does not adversely affect future development in the area. It complies with zoning and is consistent with the other subdivisions in the area. Stafffinds this criterion is met. Exhibit A — Staff Findings, Subdivision 420 E. Hyman Ave. Page 1 of 3 4. The proposed subdivision shall be in compliance with all applicable requirements of this Title. Staff Findings: The proposed subdivision complies with all applicable requirements of the Land Use Code. Staff finds this criterion is met. 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. 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 Findings: The proposed subdivision is located on a parcel suitable for the subdivision. There are no known hazards and no steep topography. In addition, the proposed subdivision is in a single mixed -use building so the spatial pattern is efficient. Staff finds this criterion is 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 Findings: The proposed development meets the requirements of 26.580. The Engineering Department has reviewed the proposal and conditions have been added to the Resolution to ensure all Engineering requirements are met. Staff finds this criterion is 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. Staff Findings: The proposed development meets the requirements of 26.470. Staff finds this criterion is met. Exhibit A — Staff Findings, Subdivision 420 E. Hyman Ave. Page 2 of 3 L� E. School land dedication. Compliance with the School land dedication standards set forth at Chapter 26.620. Staff Findings: The applicant will comply with all required school land dedication requirements. A cash -in -lieu payment will be made as part of the building permit. Staff finds this criterion is 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 Findings: The proposed development meets the requirements of the Growth Management Quota System, Chapter 26.470. Growth Management approval was granted by the Planning and Zoning Commission through the adoption of Resolution 13, Series of 2013. Exhibit A — Staff Findings, Subdivision 420 E. Hyman Ave. Page 3 of 3 Exhibit B- DRC comments Fire Department: This project shall meet all of the codes and requirements of the Aspen Fire Protection District. This includes but is not limited to the installation of approved fire sprinkler and fire alarm systems. Parks Department: A Site plan: 1) The City will need a site plan that shows or identifies the areas of impact on the mall — where will excavation take place, how deep, type of machinery, storage of materials, what utility, etc..... Staging and construction use of the mall area is prohibited except for the specific utility connection. B) Tree Protection: 1) A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site and their represented drip lines. A formal plan indicating the location of the tree protection will be required for the Bldg permit set. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site. This fence must be inspected by the city forester or his/her designee (920-5120) before any construction activities are to commence. As referenced in Chapter 13.20 2) Any access across or through the area of protection is prohibited at all times C) Utility Connections: 1) How and where utility connections are made is a major concern relative to impact on the mall and mall users. It is strongly recommended that alternative means for utility connections be explored in order to prevent impacts to the mall area. D) General: 1. All mall work, related to any utility installation should be completed before the summer or winter seasons — consult with the Engineering Department for specific dates work is allowed. 2. The mall side of the project should be safe and fenced off during the entire project. Exhibit B DRC Comments — 420 E. Hyman • 3. If mall brick is disturbed for construction the replacement has to follow the mall brick standard and it is suggested that the project consult with the current contracted mason for the City. 4. All bricks removed for any construction related activity are required to be saved and reused at the close of the project. 5. All trash and debris around the site is the responsibility of the project. 6. Trash and snow removal around the site is to be cleared by the project, during the winter pushing snow on to the mall is prohibited. 7. Removal, damage or trimming or trees is prohibited. 8. Parking of vehicles on the mall is prohibited. 9. Deliveries should be coordinated through the adjacent alley. Buildiny, Department: 1) The building does not qualify as a single exit building as proposed. Travel distance does not meet 2009 IBC 1021.2. 2) Openings at the easement will need to be calculated per 705.8 at 5' to an imaginary lot line at the west property line. 3) Elevators are not permitted to open into an exit enclosure 1022.3 4) Four residential dwelling units in a building requires them all to be type B per 1107.6.2.1.2 and ICC/ANSI A 117.1-2003. 5) All units in this proposal will be required to have access to the elevator per 1107.7. 6) A accessible route to the trash area is required 1104. ACSD: 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. Even though the commercial space is tenet finish, interceptors will be required at this time if food processing establishments are anticipated for this project. ACSD will not approve service to food processing establishments retrofitted for this use by small under counter TRAPS at a later date. Oil and Sand separators are required for parking garages and vehicle maintenance establishments. Driveway entrance drains must drain to drywells. Elevator shafts drains must flow thru o/s interceptor Exhibit B DRC Comments — 420 E. Hyman 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 will be able to comment on this application in greater detail once detailed plans have been submitted to the District. Engineerint), Department: 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 adequate information is provided. Exhibit B DRC Comments — 420 E. Hyman 0 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 fee -in -lieu of detention (FIL), it can only be applied to existing impervious areas. All new impervious areas will need to discharge at historic rates. Any discharge from the site must be made to the south mall side of the building opposed to the north alley side. Minor events must be tied into the storm sewer with a manhole. The manhole lid must be located below the mall bricks. Major events must discharge to the mall. 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. 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. Hyman Ave Mall Grade Changes- Any proposed grade changes to the mall must be approved. 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 1 — 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. Exhibit B DRC Comments — 420 E. Hyman Housing: The APCHA Board reviewed the application at their regular meeting held May 1, 2013 and recommend approval of the three on -site units with the following conditions: Rental Units: 1. As rental units, the deed restriction shall require that all tenants are approved PRIOR to tenancy through APCHA and must re -qualify on a YEARLY basis, the tenants shall be no higher than a Category 4, and at such time the unit is found to be out of compliance for one year, the owner will be REQUIRED to sell all of the units through the lottery system. If the units become ownership units, the conditions stated below under the Sales Unit section shall come into play. 2. The rental deed restriction will be recorded with the following conditions: a. The use and occupancy of the Employee Dwelling Units shall henceforth be limited exclusively to housing for employees and their families who are employed in Pitkin County and who meet the definition of "qualified Category 4 employee" as that term is defined by the qualification guidelines established and indexed by the Authority on an annual basis. The Owner shall have the right to lease the Employee Dwelling Units to "qualified Category 4 employees" of his own selection. b. The Employee Dwelling Units shall not be occupied by the Owner or members of the immediate family ("Immediate Family" shall mean a person related by blood or marriage who is a first cousin [or closer relative] and his or her children), unless the family member is a qualified employee and obtains approval by APCHA prior to occupancy. The units shall at no time be used as a guesthouse or guest facility. C. Written verification of employment of employee(s) proposed to reside in the Employee Dwelling Units shall be completed and filed with the Authority by the Owner of the Employee Dwelling Units prior to occupancy thereof, and such verification must be acceptable to the Authority. d. The Employee Dwelling Units shall be required to be rented for periods of no less than six (6) consecutive months. Upon vacancy of the Employee Dwelling Units, the Owner is granted forty-five (45) days in which to locate a qualified employee. If an employee is not placed by the Owner, the Authority may rent the Employee Dwelling Units to a qualified employee. e. The maximum rental rate shall not exceed the Category 4, studio or two -bedroom, rental rate as set forth in the Rental Guidelines established by the Authority and may be adjusted annually as set forth by the Guidelines. The maximum permitted rent Exhibit B DRC Comments — 420 E. Hyman for the units on the date of execution of this deed restriction as stated in the Guidelines at the time the deed -restriction is recorded. Rent shall be verified and approved by the Authority upon submission and approval of the lease. Employees shall be qualified by the Authority as to employment, maximum income and asset limitations on a yearly basis. The signed lease must be provided to APCHA. f. The Units must meet minimum occupancy; i.e., one person per bedroom. g. Owner agrees to provide to APCHA upon request all information reasonably necessary to determine if there is full compliance with this Agreement. h. In the event that APCHA has reasonable cause to believe the Owner and/or tenant is violating the provisions of this Agreement, the APCHA, by its authorized representative, may inspect the Property or Affordable Housing Unit between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, after providing the Owner with no less than 24 hours' written notice. The APCHA, in the event a violation of this Agreement is discovered, shall send a notice of violation to the Owner and/or tenant, as may be applicable, detailing the nature of the violation and allowing the Owner or tenant fifteen (15) days to cure. Said notice shall state that the Owner or tenant may request a quasi-judicial hearing before the APCHA Board pursuant to the Grievance Procedures of the APCHA Guidelines within fifteen (15) days to determine the merits of the allegations. If no hearing is requested and the violation is not cured within the fifteen (15) day period, the Owner or tenant shall be considered in violation of this Agreement. If a hearing is held before the APCHA Board, the decision of the APCHA Board based on the record of such hearing shall be final for the purpose of determining if a violation has occurred and for the purpose of judicial review. j. There is hereby reserved to the parties' hereto any and all remedies provided by law for breach of this Agreement or any of its terms. In the event the parties resort to litigation with respect to any or all provisions of this Agreement, the prevailing party shall recover damages and costs, including reasonable attorney's fees. k. In the event an Affordable Housing Unit is leased without compliance herewith, such lease shall be wholly null and void and shall confer no title whatsoever upon the purported tenant. Each and every lease, for all purposes, shall be deemed to include and incorporate by this reference, the covenants herein contained, even without reference therein to this Agreement. In the event that the Owner or tenant fails to cure any breach, the APCHA may resort to any and all available legal action, including, but not limited to, specific Exhibit B DRC Comments — 420 E. Hyman performance of this Agreement or a mandatory injunction requiring compliance by Owner and/or tenant. M. Whenever possible, each provision of this Agreement and any other related document shall be interpreted in such a manner as to be valid under applicable law; but if any such provision shall be invalid or prohibited under applicable law, such provision shall be ineffective to the extent of such invalidity or prohibition without invalidating the remaining provisions of this Agreement or other document. n. This Agreement is to be governed and construed in accordance with the laws of the State of Colorado. o. No claim of waiver, consent or acquiescence with respect to any provision of this Agreement shall be valid against any party hereto except on the basis of a written instrument executed by the parties to this agreement. However, the party for whose benefit a condition is inserted herein shall have the unilateral right to waive such condition. P. The parties to this Agreement agree that any modifications of this Agreement shall be effective only when made in writing signed by both parties and recorded with the Clerk and Recorder of Pitkin County, Colorado. q. The terms and provisions of this Deed Restriction shall constitute covenants running with the title to the Affordable Housing Units as a burden thereon for the benefit of, and shall be specifically enforceable by, the Managing Agent, the Association and/or Owner, by the Housing Authority, the City of Aspen, Colorado, and by their respective successors and assigns, by any appropriate legal action including, but not limited to, injunction, abatement, or eviction of non -qualified tenants. r. Lease agreements executed for occupancy of the Employee Dwelling Unit shall provide for a rental term of not less than six (6) consecutive months. A signed and executed copy of the lease shall be provided to the Authority by the Owner within ten (10) days of approval of employee(s) for the Employee Dwelling Unit. S. Owner and APCHA stipulate and agree that, in accordance with CRS 38-12- 301(1)(a) and (b), this Deed Restriction constitutes a voluntary agreement and deed restriction to limit rent on the property subject hereto and to otherwise provide affordable housing stock. Owner waives any right it may have to claim that this Deed Restriction violates CRS 38-12-301. t. When the option to convert any unit to a sale unit is exercised, the owner must adopt a new deed restriction in the form adopted by APCHA that is applicable to sale units and/or if found to be out of compliance for one year. Exhibit B DRC Comments — 420 E. Hyman • U. The owner must provide in the condominium documents the requirement to create a separate homeowner's association it' the three deed -restricted units become ownership units. Sales Units: 1. The units shall be ownership units and sold through the Aspen/Pitkin County Housing Authority lottery system upon request by the owner and/or at such time one of the. units is out of compliance for one year. 2. The units shall be classified as Category 4. 3. The condominium documents shall be created at the onset, or modified at the time the three deed -restricted units become ownership units, to reflect that any common area maintenance shall be paid by the free-market residential unit and the commercial owners, and the other costs shall be assessed based on the actual values of the free-market homes versus the deed -restricted units. The condominium documents shall be reviewed and approved by APCHA. A recorded deed restriction, approved by APCHA, shall be recorded on the units prior to the Certificate Occupancy. Exhibit B DRC Comments — 420 E. Hyman • • Exhibit C - P& Z Resolution RECEPTION#: 599795, 05l24/2013 at 10:54:27 AM, 1 OF 5, R $31.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION NO. 13, (SERIES OF 2013) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING FREE-MARKET RESIDENTIAL, AFFORDABLE HOUSING, AND COMMERCIAL GROWTH MANAGEMENT REVIEWS, AND RECOMMENDING THE CITY COUNCIL APPROVE A SUBDIVISION, FOR THE DEVELOPMENT OF ONE (1) FREE-MARKET RESIDENTIAL UNIT, THREE (3) AFFORDABLE HOUSING UNITS, AND 786 SQ FT OF NEW NET LEASABLE COMMERCIAL SPACE FOR THE PROPERTY LOCATED AT 420 EAST HYMAN AVENUE, LOT O, BLOCK 88, AKA DUVIKE CONDOMINIUMS, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-037-39-020 THRU -027 AND 2737-073-39-801 WHEREAS, the Community Development Department received an application from John Martin, represented by Charles Cunniffe Architects, Inc. requesting approval of Free -Market Residential, Affordable Housing, and Commercial Growth Management Allotments, and Subdivision, to demolish the existing building and to construct a new three story building to include one (1) free-market residential unit, three (3) affordable housing units, and 786 sq ft of new net leasable commercial space; and, WHEREAS, the Applicant requests approval by the Planning and Zoning Commission Free -Market Residential, Affordable Housing, and Commercial Growth Management Allotments; and, WHEREAS, the Applicant requests a recommendation by the Planning and Zoning Commission to the City Council for Subdivision approval; and, WHEREAS, the property is zoned Commercial Core (CC); and, WHEREAS, the property is located within the Commercial Core Historic District and is not considered a contributing building to the integrity of the Historic District; and WHEREAS, on July 25, 2012 and on November 14, 2012 the Historic Preservation Commission granted Conceptual Commercial Design Review and Conceptual Major Development Review approval via Resolution # 17 and Resolution #28, Series of 2012 WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended approval of the application; and, Resolution No 13, Series 2013 420 East Hyman Ave Page 1 of 5 Exhibit C Exhibit C - P& Z Resolution CJ WHEREAS, during a duly noticed public hearing on May 21, 2013, the Planning and Zoning Commission approved Resolution No.13, Series of 2013, by a five to zero ( 5 — 0) vote, approving one (1) Free -Market Residential Growth Management Allotments, three (3) Affordable Housing Growth Management Allotment, and 786 sq. ft. Commercial Growth Management Allotments, and recommending the Aspen City Council approve a Subdivision; and, WHEREAS, the Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: 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 allotments and approvals for one (1) free-market residential unit, three (3) affordable housing unit, and 786 sq. ft. of new commercial net leasable space for a total of 4,396 sq. ft. of commercial net leasable space. The Planning and Zoning Commission hereby recommends City Council approval of Subdivision. The project is subject to all conditions included in HPC Resolutions # 17 and #28, Series of 2012. Section 2: Dimensions All dimensions shall meet the requirements of the Land Use Code in effect on April 4, 2012 (date of initial application), attached as Exhibit B. The approved floor plans are attached as Exhibit A. Minor changes from these are permitted at building permit and during Final Commercial Design Review by the Historic Preservation Commission. Areas labeled as "roof' or "green roof' are not permitted for use as a deck. Resolution No 13, Series 2013 420 East Hyman Ave Page 2 of 5 Exhibit C Exhibit C - P& Z Resolution n U The project is subject to all conditions included in 1-111C Resolution 17 and HPC Resolution 28, Series of 2012. Section 3: 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. 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 fee - in -lieu of detention (FIL), it can only be applied to existing impervious areas. All new impervious areas will need to discharge at historic rates. Any discharge from the site must be made to the south mall side of the building opposed to the north alley side. Minor events must be tied into the storm sewer with a manhole. The manhole lid must be located below the mall bricks. Major events must discharge to the mall. Any proposed grade changes to the mall require approval by the Engineering Department. The Construction Management Plan shall describe mitigation for: parking, staging/encroachments, and truck traffic. Due to the proximity of the neighboring property and the excavation of the building, the Engineering Department shall require an excavation stabilization plan prior to building permit submittal. Section 4: Affordable Housing The three on -site affordable housing units, two studio units and one 2-bedroom unit, shall be deed restricted to Category 4. A deed restriction, approved by the Aspen/Pitkin County Housing Authority (APCHA), shall be recorded prior to a Certificate of Occupancy for free market residential component and the commercial component of the project. The affordable housing units shall be compliant with the Aspen/Pitkin County Housing Guidelines. Owner and APCHA stipulate and agree that, in accordance with C.R.S. 38-12-301(1)(a) and (b), this Deed Restriction constitutes a voluntary agreement and deed restriction to limit rent on the property subject hereto and to otherwise provide affordable housing stock. Owner waives any right it may have to claim that this Deed Restriction violates C.R.S. 38-12-301. More detailed information regarding the management and maintenance of the unit shall be provided to APCHA with the proposed deed restriction prior to CO. The owner shall have the right to rent the unit to tenants qualified under the APPCHA Guidelines. If the owner cannot provide a qualified tenant, the unit shall be rented through APCHA's normal advertising process. At no time shall the tenancy of the unit during a Resolution No 13, Series 2013 420 East Hyman Ave Page 3 of 5 Exhibit C Exhibit C - P& Z Resolution lease period be tied to continued employment by the owner. Tenant leases, however, may be terminated for cause or at the end of the lease period upon termination of employment. The tenant in the rental unit shall be required to be re -qualified by APCHA on a yearly basis. If the owner elects to sell the unit, or they are required to be sold due to noncompliance, owner shall condominiumize the unit and form a condominium association for the management and maintenance thereof. The affordable housing association shall be separate from the free-market residential unit's and commercial unit's association(s). In the event the rental unit is required to become ownership unit due to noncompliance, APCHA or the City may elect to purchase them for rental to qualified tenants in accordance - with APCHA Guidelines, Section 5: Fire Mitigation All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Section 6: Utilities All requirements of the City's most recently Adopted Water System Distribution Standards (currently 2012) must be met. Fire suppression is required. Fire flow calculations are required to confirm service size. Additionally Electrical Service should be discussed immediately with the Electric Department to ensure System capacity. If there is not System Capacity it may be necessary for the Developer to place a transformer on site. That Transformer would need to meet all pertinent Electrical Codes, and all City Electrical Setbacks (i.e. 10' in front of doors or free to alleyway, free to sky above [no overhangs]). 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. 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. Oil and Grease interceptors (NOT traps) are required for all food processing establishment. Locations of food processing shall be identified prior to building permit. Even though the commercial space is tenet finish, interceptors will be required at this time if food processing establishments are anticipated for this project. ACSD will not approve service to food processing establishments retrofitted for this use by small under counter TRAPS at a later date. 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. Section 8: Parks 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 Resolution No 13, Series 2013 420 East Hyman pAve pagU919it C Exhibit C - P& Z Resolution 11 not approved by the City Parks Department and the Engineering Department. Off -site public amenity equal to or in excess of $22,500 is subject to Parks Department approval. 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 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 1 1 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 21 st day of May, 2013. APPROVED AS TO FORM: PLANN AND ZONING M SS N: Debbie Quinn, Asst. City Attorney J pamer, Chair ATTEST: f ?J-ki�ie Lothian, DE uty City Clerk Resolution No 13, Series 2013 420 East Hyman Ave PagLxgf 5 t C Regular City Planning & Zoning Meeting— Minutes May 21, 2013 Comments Minutes Declaration of Conflicts of Interest 301 Lake Ave 420 East Hyman Parking Policies Ci — Minutes May 21, 2 comes the plan and then Parks can provide ack. Brian stated that both parks and n ing feel strongI e initial re-veg should not include trees using a seed mix an ative bushes. Brian said that they would like to discourage any single trees hing like that and give it a year. LJ asked if this wa ast time P&Z would see plication. Sara replied yes. Public Hearing: 420 East Hyman, Zocolito building Growth Management Review LJ Erspamer opened the public hearing for 420 East Hyman. Debbie Quinn said that she reviewed the affidavits and they are in order. Sara Adams said the project before you was 420 East Hyman Avenue for Growth Management review and recommendation of subdivision to City Council. The proposal is to demolish the existing 2 story building and to replace it with a new 3 story building; they are subject to the code that was in place in March of 2012 which means they are proposing a free-market residential unit and the height of their building goes up to 38 feet. Sara said they received conceptual major development review from the Historic Preservation Commission because they are located in the Historic District and received conceptual commercial design review from the Historic Preservation Commission. Sara said they are here at P&Z for growth management and onto City Council for Subdivision and then back to HPC for the Final for the project. The mixed use building contains commercial in the basement and 1st floor and a small commercial space on the second floor and are required to mitigate for the larger affordable housing requirement because they are providing the affordable housing on site; they are mitigating for the replacement of the 3 units that they are demolishing. Sara said they were providing more net livable affordable housing than what is there today. The 3 affordable housing units are rental units and are subject to the housing guidelines. Sara stated that the project met the requirements of the commercial core district from March of 2012. Staff is recommending approval with conditions. Sara introduced Brian West and Charles Cunniffe representing the applicant. Bert said the 4 things that we are deciding tonight appear to be math problems that match the code. Sara replied correct. Bert asked if there was much discretion that P&Z has with decisions. Sara answered not really. LJ asked about parking deficiencies. Sara responded that the parking was resolved at HPC and they are meeting the parking requirement on site. 5 Regular City Planning & Zoning Meeting — Minutes May 21, 2013 Stan asked about the current conditions with the 3 free-market units and asked if they were owned or rented. Charles Cunniffe said currently they were all rentals; currently 1 is affordable, 1 is a hair salon and 1 is free market but they are listed as multifamily units so we have to replace them. Charles said there wasn't much to say other than what Sara said. No public comments. Jim agreed that it was in compliance with favorable staff recommendation. MOTION: Jim DeFrancia moved to approve Resolution 13, Series 2013, approving Growth Management Reviews and recommending City Council approve Subdivision Review for the project located at 420 East Hyman; seconded by Bert Myrin. Roll call vote: Keith Goode, yes; Stan Gibbs, yes; Bert Myrin, yes; Jim DeFrancia, yes; LJErspamer, yes. APPROVED 5-0. Discussion prior to the vote: Bert said there was another application that came from HPC had done all of the reviews and it seems like this should be on our list to maybe take the burden off the applicants to come see us since the applicant had no presentation and staff spent time. Bert said it was on a to do list for future. Jim said that he was with Bert on this. LJ said this was the 4th application in a row that followed the code. Public Hearing: Staff Comments on Parking Policies LJ Erspamer opened the public hearing for off-street parking. Debbie Quinn stated there was public notice in the newspaper of this meeting. Chris said this was P&Z's initiative. Chris said that there was a memo from multiple departments in the packet regarding parking. The planning profession has seen this migration from minimum parking standards to some place just not having parking and some stating maximum parking standards. Places around the country have created minimum parking standards and have created an auto dominated city. Stan asked Chris if it would be workable to have a policy that was essentially more demand driven where you had to justify how much parking that you were going to have; it wouldn't have any specific numbers like if you had so much net leasable this is what you have to have. Stan said a property like City Market would say the maximum amount of parking that you can fit and other projects like ones on the mall that you don't expect people to drive there so maybe they don't want to have G 0 • RetZular City Planning & Zonin2 Meeting — Minutes May 21, 2013 to deal with it except for a couple of employees. Stan asked if it would work as an approach that in the land use code really if you want parking you need to justify it. Stan asked if that would work as a demand driven kind of thing. Chris replied potentially but you might run up against the fact that uses change over time and once the building is there it is hard to change the parking ratio; it either has parking or it doesn't. Chris said you can treat it differently and the ground floor gets eaten up by a parking space and maybe you shouldn't have parking on the ground floor because it competes with commercial space and we have such a small downtown. LJ asked how you setup good policy on demand and the Transportation Demand Management tools are rather vague; if you have an on demand shuttle service that creates 2 trips and he wanted to reduce traffic. LJ said we want to reduce traffic coming in from the roundabout but there is some inner city. LJ mentioned big cities with comprehensive traffic plans and the city of Aspen needs to have more discussion on the parking situation and would like to go to city council. Chris said it was a successful since 1993 in Aspen reducing or keeping the traffic level to that standard. Bert said that his primary question was about process not so much about parking. Bert said as far as drafting a resolution of getting authorization from Council so what do we do next and we had permission from Council to proceed. LJ asked what the resolution should say. Bert replied to allow us to process through the amendment process to amend the parking or neighborhood commercial; he asked the code on that. Chris stated the first thing is to figure out what it is you are asking Council to do when that goes to City Council. Chris said to change the number is one thing but you realize that your conversation is a little larger than intended. Keith said what we were discussing in the past was how do we protect just the Clark's Market and the City Market parking areas. Keith said that property was owned by the markets but if the city has a way to protect it. Bert said that rezoning it commercial would help. LJ said it has its own zoning. Chris said to keep in mind that both of those properties are PUDs and Clark's is an SPA so regardless of the parking ratio that is specified in the code they would have to come and pitch their case regarding the dimensions and the number of parking spaces. Chris stated that in order to have this conversation there is a requirement in the PUD and they have the opportunity to amend that. Bert said that he guessed that you were all for writing a code change for one little thing and he was interested in doing that. Chris reinterred his advice to Council would be really look down that path and really see what it is that you are intending to do. Bert said that if they can figure out how to do a small code change that would be better with a resolution. Chris said the process is the same regardless is that you pass a resolution and the staff would be working on it and are you fully aware how that 7 • • Re6ular Cite Planning & Zoning Meeting —Minutes May 21, 2013 might affect other things and it is just an eyes wide open. Bert said that he just wanted to do the one NC. Bert suggested that we wait until there is a new Council in place. Debbie said that P&Z passes a formal resolution and this is just noticed for tonight so that we can continue to another date but you have to adopt a resolution of the Planning & Zoning Commission requesting that Council initiate a code amendment as follows with as much detail as possible. Bert said that staff wasn't there to draft the resolution. Debbie offered to assist in with drafting the resolution but she said that she didn't know what you want to put into it because there hasn't been a meeting but there have been work sessions. Debbie said this is to determine if there is a direction and whether you want us to bring back some resolution that you can consider and continue the meeting. Bert asked for Debbie's help to draft a resolution to modify the Neighborhood Commercial Parking requirements. Debbie said that it needs to ask Council to allow a code amendment; your role in code amendments is to initiate which is what this would do but once it is initiated it goes through the planning process and they come back and get your input but your role is the same as it is in any other code amendment. MOTION: Jim DeFrancia moved to continue this public hearing on the parking code amendment to June I1 th seconded by Keith Goode. All in favor. APPROVED 5-0. Discussion prior to vote: Bert said it would start the process. Debbie said the code amendment would be to initiate an amendment that would address a parking requirement or a parking requirement for neighborhood .parking; not a minimum or maximum but just to address parking requirements for neighborhood commercial zones. Adjourned at 6:22 pm: Jackie Lothian, Deputy City Clerk N. 0 � FY[M W F C CA CHARLES CUNNIFFE ARCHITECTS July 31, 2013 Ms. Sara Adams City of Aspen 130 South Galena Street Aspen, CO 81611 RE: Design Concept and Construction Management Concept for 420 E. Hyman Avenue, Aspen (Lot O, Block 88, City and Townsite of Aspen; PID #2737-073-39-020 thru -027 and 2737-073-39-801) Dear Sara: With regard to the City's request for a description of design concept and construction management, we submit the following: The building design is an effort to introduce a building of our time using the building technology of today. This allows us to express clarity in the language and logic of construction. It would represent a current solution for a mixed -use core building as many of the other older buildings in town represent building design solutions from over one -hundred years ago. The proposed design suggests a primarily glazed fapade fronting the street with a mullion pattern that divides the fenestration into portions that reflect the surrounding building facades in terms of shape and scale. The introduction of glass is envisioned to suggest a delicate structure and reduce the perceived mass and scale of the proposed building by implying that it is more of a void than another mass along the Hyman Avenue mall. The proposed building also is smaller, in fact, in mass and scale than many of the existing and historic buildings in the immediate vicinity. Examples of this on Hyman Avenue alone are the adjacent Forre- occupied building, the Paragon Building across the street, the Wheeler Opera House at one end of the block, the Elks Building at the other end of the block, _the Aspen Drug Building at Hyman and Galena, and the 4-story Roaring Fork Building across the street. The construction of the proposed building would provide for a construction and sound barrier to be placed around the perimeter of the property with primary access from the alley at the rear. Periodic access to the utilities within the mall would be required and this would take place during the allowed times in the off seasons. Temporary construction facilities would be at the alley -side of the property as ongoing work allows. It is anticipated that the construction work would continue over an approximate 18-month period. Sincerely, GAL c 0� Charles Cunniffe, AIA • • MEMORANDUM TO: Mayor Skadron and Aspen City Council FROM: Sara Adams, Senior Planner4iQ5� THRU: Chris Bendon, Community Development Director Al RE: 420 E. Hyman Ave — Subdivision Review First Reading, Ordinance No. , Series of 2013 Second Reading is scheduled for August 12, 2013 MEETING DATE: July 8, 2013 APPLICANT /OWNER: John Martin. REPRESENTATIVE: Charles Cunniffe Architects. LOCATION: 420 E. Hyman Ave. CURRENT ZONING: CC (Commercial Core) SUMMARY: The Applicant requests Subdivision Review for a scrape and replace of the building that currently houses Zocalito and CB Paws. STAFF RECOMMENDATION: Staff recommends approval of the request with conditions. P&Z RECOMMENDATION: P&Z unanimously recommended approval of the request. --49I Photos: Location of 420 E. Hyman (top) and picture of the building viewed from Hyman Mall (bottom). REQUEST OF CITY COUNCIL: The Applicant is requesting the following land use approvals to scrape and replace the existing building: Page 1 of 4 420 E. Hyman Ave.- Subdivision Review Staff Memo • 1J • Subdivision approval (Chapter 26.480, Subdivision) for the creation of multiple residential units in a mixed -use building. (City Council is the final review authority after considering a recommendation from the Planning and Zoning Commission) BACKGROUND AND PROJECT SUMMARY: The applicant is proposing to demolish the existing two story building and to construct a new three story building. The building currently contains commercial and free market residential uses and is proposed to comprise commercial, free market residential and affordable housing uses. The property is about 3,009 square feet in size and is located within the Commercial Core Historic District. The, original application for this redevelopment was made on April 4, 2012, and is subject to the Land Use Code in place at that time which permitted new free-market residential units and an overall allowed height of 38 feet to 42 feet. The project meets the dimensional requirements of the Commercial Core Zone District. EXISTING CONDITIONS AND PREVIOUS APPROVALS: The existing 1970s mixed use building contains commercial uses on the basement, first and second floors. The second floor also contains three free market residential units — two studio units and'one 1-bedroom unit. On July 25, 2012, the Historic Preservation Commission (HPC) granted conceptual approval for the proposed project including a third floor that is 38 feet high which meets the 38 — 42 feet height limit in the Commercial Core. HPC denied the request to increase the height to 40 feet considering the adjacent historic landmarks to the east. HPC was concerned about the impact that the material palette could have on the mass and scale, and added a condition of approval that mass and scale shall be addressed during Final Review when the materials are finalized. In addition, HPC granted approval for off -site public amenity for the required 10% (300 square feet) subject to review by the Parks Department. This request has changed to either off -site public amenity or a request for cash in lieu payment for public amenity. During call-up procedure on August 27, 2012, City Council remanded the application back to HPC to resolve the mass and scale of the project at Conceptual Review rather than during Final Review. Council expressed concerns about the proposed glass fagade and the compatibility of the design with the Historic District. On November 14, 2012 HPC re -reviewed the project and approved the mass and scale for Conceptual Review. On May 21, 2013, the Planning and Zoning Commission granted growth management allotments for the increase in commercial net leasable area, growth management review for multi -family replacement and the development of affordable housing, and a recommendation in support of subdivision review. The Planning and Zoning Commission has also expressed concerns about the proposed glass fagade. Staff intends to seek referral comments regarding the materials from the Planning and Zoning Commission prior to Final design review by HPC. PROPOSED DEVELOPMENT: The applicant proposes a new three story building as follows: Basement: Commercial First Floor: Commercial Page 2 of 4 420 E. Hyman Ave.- Subdivision Review Staff Memo Second Floor: Commercial, Free Market Residential, Affordable Housing Third Floor: Free Market Residential, Affordable Housing Tahle 1 - FAR analvsis Allowable Proposed Commercial 2:1 or 6,018 sf. 2,545 sf. Affordable Housing No limit 2,266 sf. Free Market Residential 0.75: V or 2,257 sf. 2,256 sf. Total 2.75:1 or 8,275 sE 7,068 sE Tahle')- Net Livnhle anti Net i.easahle Area analvsis Existing Proposed Increase Commercial 3,610 sf. NLA 4,396 sf. NLA + 786. sf. NLA Free Market Residential 1,292 sf. NLA 1,874 sf. NLA + 582 sf. NLA Affordable Housing 0 1,292 sf. NLA + 1,292 sf. NLA The maximum building height approved by HPC is 38 ft. A mechanical area is proposed at the rear of the roof. No rooftop deck is proposed. STAFF COMMENTS: SUBDIVISION REVIEW A subdivision review is required for this mixed -use building because multiple dwelling units are proposed. The applicant proposes to develop a new free market residential unit, additional commercial net leasable space and proposes to mitigate by expanding an existing deed restricted unit and updating its deed restriction. The subdivision is similar to the other subdivisions seen throughout the downtown area. In reviewing the Subdivision portion of the application, staff believes the proposal meets all applicable review requirements. Subdivision review criterion 26.480.050.A.1 requires that the subdivision be compatible with the mix of development in the neighborhood in terms of height, bulk, architecture, etc. There have been concerns raised by all three review boards (HPC, Planning and Zoning Commission, and City Council) about the amount of proposed glazing and compatibility of the material with the Historic District; however materials, windows, and architectural details have yet to be reviewed by the Historic Preservation Commission (HPC) during Final Commercial Design Review, which is scheduled after Subdivision Review. The Planning and Zoning Commission will be asked to provide referral comments prior to HPC reviewing Final Commercial Design. In order to meet the criterion listed above, Staff has added a condition of approval to the draft ordinance that requires City Council be notified after final design approval by HPC to have the opportunity to call up the project, similar to the call up process for conceptual approvals. The applicant is aware of the concerns and has indicated that the material palette is still being refined. The most updated renderings are included in the council packet. Staff recommends that ' 0.75:1 is permitted only when affordable housing equal to 100% of the free-market residential floor area is developed on the same parcel. Page 3 of 4 420 E. Hyman Ave.- Subdivision Review Staff Memo City Council request that the applicant submit renderings of the materials to show the direction that the design is headed for review during second reading. The project is currently served by utilities and the new building shall meet all applicable building and fire codes. In addition, the applicant shall meet all applicable engineering requirements, including all drainage requirements. REFERRAL AGENCY COMMENTS: The City Engineer, Fire Marshal, Water Department, Aspen Sanitation District, Building Department, Parks Department, and APCHA have all reviewed the proposed application and their requirements have been included as conditions of approval when appropriate. A copy of the Referral Agency comments is attached as Exhibit B. PLANNING & ZONING COMMISSION COMMENTS: The Planning and Zoning Commission voted 5 to 0 in favor of the request. A copy of the minutes from their May 21 sc meeting is attached as Exhibit D. RECOMMENDATION: STAFF RECOMMENDATION: Staff recommends approval of the project with conditions, and strongly recommends that the applicant submit updated renderings of the project to show design intent regarding materials for second reading. PROPOSED MOTION: "I move to approve Ordinance #_, Series 2013, approving a Subdivision Review for the project located at 420 E. Hyman Ave. on First Reading." ATTACHMENTS: Exhibit A — Subdivision Review Criteria, Staff Findings Exhibit B — DRC Comments Exhibit C — P & Z Resolution #13, Series of 2013 Exhibit D — May 21, 2013 P&Z minutes Exhibit E — Application Page 4 of 4 420 E. Hyman Ave.- Subdivision Review Staff Memo Ordinance No. _, (SERIES OF 2013) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING SUBDIVISION, FOR THE DEVELOPMENT OF ONE (1) FREE-MARKET RESIDENTIAL UNIT, THREE (3) AFFORDABLE HOUSING UNITS, AND 786 SQ FT OF NEW COMMERCIAL SPACE FOR THE PROPERTY LOCATED AT 420 EAST HYMAN AVE, LOT O, BLOCK 88, AKA DUVIKE CONDOMINIUMS, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-037-39-020 THRU -027 AND 2737-073-39-801 WHEREAS, the Community Development Department received an application from John Martin, represented by Charles Cunniffe Architects, Inc. requesting approval of Free -Market Residential, Affordable Housing, and Commercial Growth Management Allotments, and Subdivision, to demolish the existing building and to construct a new three story building to include one (1) free-market residential unit, three (3) affordable housing units, and 786 sq ft of new net leasable commercial space; and, WHEREAS, the Applicant requests approval by the Planning and Zoning Commission Free -Market Residential, Affordable Housing, and Commercial Growth Management Allotments; and, WHEREAS, the Applicant requests a recommendation by the Planning and Zoning Commission to the City Council for Subdivision approval; and, WHEREAS, the property is zoned Commercial Core (CC); and, WHEREAS, the property is located within the Commercial Core Historic District and is not considered a contributing building to the integrity of the Historic District; and WHEREAS, on July 25, 2012 and on November 14, 2012 the Historic Preservation Commission granted Conceptual Commercial Design Review and Conceptual Major Development Review approval via Resolution # 17 and Resolution #28, Series of 2012 WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended approval of the application; and, WHEREAS, during a duly noticed public hearing on May 21, 2013, the Planning and Zoning Commission approved Resolution No.13, Series of 2013, by a five to zero (5 — 0) vote, approving one (1) Free -Market Residential Growth Management Allotments, three (3) Affordable Housing Growth Management Allotment, and 786 sq. ft. Commercial Ordinance No _, Series 2013 Page 1 of 6 Growth Management Allotments, and recommending the Aspen City Council approve a Subdivision; and, WHEREAS, on July 8, 2013 the Aspen City Council approved Ordinance No. _, Series 2013, on First Reading by a to vote, approving with conditions a subdivision of the Property; and, WHEREAS, during a public hearing on August 22, 2013, the Aspen City Council approved Ordinance No. _, Series 2013, by a to vote, approving with conditions a subdivision of the Property; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council approves a Subdivision review allowing for the development of one (1) free-market residential unit, three (3) affordable housing units, and 786 sq ft of commercial net leasable space at 420 East Hyman Ave. Section 2: Plat and Agreement The Applicant shall record a subdivision agreement that meets the requirements of Land Use Code Chapter 26.480, Subdivision, within 180 days of a Certificate of Appropriateness from the Historic Preservation Commission and Final Commercial Design approval. Once construction is nearly complete but prior to an issuance of Certificate of Occupancy, the developer shall file a condominium plat and associated documents for review and approval by the City Engineer and Community Development Director as outlined in Land Use Code Section 26.480.090, Condom iniumization. The condominium plat shall act as the subdivision plat. A separate subdivision plat is not required. Ordinance No _, Series 2013 Page 2 of 6 Section 3: Dimensions & Zoning Requirements All dimensions shall meet the requirements of the Land Use Code in effect on April 4, 2012 (date of initial application), attached as Exhibit B. The approved floor plans are attached as Exhibit A. Minor changes from these are permitted at building permit and during Final Commercial Design Review by the Historic Preservation Commission. Areas labeled as "roof' or "green roof' are not permitted for use as a deck. The project is subject to all conditions included in HPC Resolution 17 and HPC Resolution 28, Series of 2012. Section 4: Final Design Review Following the adoption of a resolution approving or approving with conditions Final Commercial Design Review, the City Council shall be notified of the action to allow the City Council an opportunity to avail itself of the call up procedures set forth in Aspen Land Use Code Section 26.412.040.13 Appeals, notice to City Council and call-up. Section 5: 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. 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 fee - in -lieu of detention (FIL), it can only be applied to existing impervious areas. All new impervious areas will need to discharge at historic rates. Any discharge from the site must be made to the south mall side of the building opposed to the north alley side. Minor events must be tied into the storm sewer with a manhole. The manhole lid must be located below the mall bricks. Major events must discharge to the mall. Any proposed grade changes to the mall require approval by the Engineering Department. The Construction Management Plan shall describe mitigation for: parking, staging/encroachments, and truck traffic. Due to the proximity of the neighboring property and the excavation of the building, the Engineering Department shall require an excavation stabilization plan prior to building permit submittal. Section 6: Affordable Housing The three on -site rental affordable housing units, two studio units and one 2-bedroom unit, shall be deed restricted to Category 4. A deed restriction, approved by the Aspen/Pitkin County Housing Authority (APCHA), shall be recorded prior to a Certificate of Occupancy Ordinance No _, Series 2013 Page 3 of 6 0 • for free market residential component and the commercial component of the project. The affordable housing units shall be compliant with the Aspen/Pitkin County Housing Guidelines. The Subdivision Agreement shall include the following: Owner and APCHA stipulate and agree that, in accordance with C.R.S. 38-12-301(1)(a) and (b), this Deed Restriction constitutes a voluntary agreement and deed restriction to limit rent on the property subject hereto and to otherwise provide affordable housing stock. Owner waives any right it may have to claim that this Deed Restriction violates C.R.S. 38-12-301. More detailed information regarding the management and maintenance of the unit shall be provided to APCHA with the proposed deed restriction prior to CO. The owner shall have the right to rent the unit to tenants qualified under the APPCHA Guidelines. If the owner cannot provide a qualified tenant, the unit shall be rented through APCHA's normal advertising process. At no time shall the tenancy of the unit during a lease period be tied to continued employment by the owner. Tenant leases, however, may be terminated for cause or at the end of the lease period upon termination of employment. The tenant in the rental unit shall be required to be re -qualified by APCHA on a yearly basis. If the owner elects to sell the unit, or they are required to be sold due to noncompliance, owner shall condominiumize the unit and form a condominium association for the management and maintenance thereof. The affordable housing association shall be separate from the free-market residential unit's and commercial unit's association(s). In the event the rental unit is required to become ownership unit due to noncompliance, APCHA or the City may elect to purchase them for rental to qualified tenants in accordance with APCHA Guidelines. Section 7: Fire Mitization All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Section 8: Utilities All requirements of the City's most recently Adopted Water System Distribution Standards must be met. Fire suppression is required. Fire flow calculations are required to confirm service size. Additionally Electrical Service should be discussed immediately with the Electric Department to ensure System capacity. If there is not System Capacity it may be necessary for the Developer to place a transformer on site. The Transformer shall meet all pertinent Electrical Codes, and all City Electrical Setbacks. Section 9: Sanitation District Requirements Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. ACSD will review the approved Ordinance No , Series 2013 Page 4 of 6 Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. Oil and Grease interceptors (NOT traps) are required for all food processing establishment. Locations of food processing shall be identified prior to building permit. Even though the commercial space is tenet finish, interceptors will be required at this time if food processing establishments are anticipated for this project. ACSD will not approve service to food processing establishments retrofitted for this use by small under counter TRAPS at a later date. 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. Section 10: Parks 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 10% required off -site Public Amenity space may be satisfied through actual improvements approved by the Parks, Engineering, and Community Development Departments, or through a cash -in -lieu payment of $22,567.50 [(3,009*$75)* 10%]. Section 11 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 12: 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 13: 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. Section 14: This Ordinance 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. [signatures on following page] Ordinance No _, Series 2013 Page 5 of 6 r� u INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the _ day of , 2013. Steve Skadron, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this _ day of , 2013 ATTEST: Steve Skadron, Mayor APPROVED AS TO FORM: Kathryn S. Koch, City Clerk James 12. True, City Attorney Ordinance No , Series 2013 Page 6 of 6 0 r-I L -.� Exhibit A— Staff Findings, Subdivision 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 Findings: There are no applicable adopted Master Plans for this property. The applicant proposes a new mixed -use building that includes residential and commercial uses, which conforms with and is compatible with the uses in the immediate block and the zone district in general. In addition, the approved Conceptual Commercial Design is consistent with the heights, bulk, open space, and architecture in the area. The applicant is providing off -site public amenity space, which was approved as part of their Conceptual Commercial Design Review. There have been concerns raised by all three review boards (HPC, Planning and Zoning Commission, and City Council) about the proposed glass box and compatibility of the material with the Historic District; however materials, windows, and architectural details have yet to be reviewed by the Historic Preservation Commission (HPC) during Final Commercial Design Review, which is scheduled after Subdivision Review. In order to meet the criterion listed above, Staff has added a condition of approval to the draft ordinance that requires City Council be notified after final design approval by HPC to have the opportunity to avail itself of the call up procedures that are in the Code for conceptual approvals. The Planning and Zoning Commission will be asked to provide referral comments prior to HPC reviewing Final Commercial Design. Staff also recommends that the applicant submit updated renderings to show the design intent regarding materials. Staff finds this criterion is met. 2. The proposed subdivision shall be consistent with the character of existing land uses in the area. Staff Findings: The development meets all of the dimensional and use requirements of the Commercial Core (CC) zone district and the area. Staff finds this criterion is met. 3. The proposed subdivision shall not adversely affect the future development of surrounding areas. Staff Findings: The development does not adversely affect future development in the area. It complies with zoning and is consistent with the other subdivisions in the area. Staff finds this criterion is met. 4. The proposed subdivision shall be in compliance with all applicable requirements of this Title. Exhibit A — Staff Findings, Subdivision 420 E. Hyman Ave. Pagel of 3 Staff Findings: The proposed subdivision complies with all applicable requirements of the Land Use Code. Staff finds this criterion is met. 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. 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 Findings: The proposed subdivision is located on a parcel suitable for the subdivision. There are no known hazards and no steep topography. In addition, the proposed subdivision is in a single mixed -use building so the spatial pattern is efficient. Staff finds this criterion is 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 Findings: The proposed development meets the requirements of 26.580. The Engineering Department has reviewed the proposal and conditions have been added to the Resolution to ensure all Engineering requirements are met. Stafffinds this criterion is 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. Staff Findings: The proposed development meets the requirements of 26.470. Staff finds this criterion is met. E. School land dedication. Compliance with the School land dedication standards set forth at Chapter 26.620. Exhibit A — Staff Findings, Subdivision 420 E. Hyman Ave. Page 2 of 3 • 0 Staff Findings: The applicant will comply with all required school land dedication requirements. A cash -in -lieu payment will be made as part of the building permit. Staff finds this criterion is 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 Findings: The proposed development meets the requirements of the Growth Management Quota System, Chapter 26.470. Growth Management approval was granted by the Planning and Zoning Commission through the adoption of Resolution 13, Series of 2013. Exhibit A — Staff Findings, Subdivision 420 E. Hyman Ave. Page 3 of 3 • AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE PER V SCHEDULED PUBLIC HEARING DATE: MA'i 21 92015 STATE OF COLORADO ) ss. County of Pitkin ) Aspen, CO (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was osted at least fifteen (15) days prior to the public hearing on the "Y7-day of Ay' , 201S, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAS or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing "Affidavit of Notice" was ac owledged before me this „11 day Of M � , 20 L 3, by i F+nI b WITNESS MY HAND AND OFFICIAL SEAL PAMELA S BRIGHAM NOTARY PUBLIC STATE OF COLORADO My com ission expires: 0l/// lka NOTARY ID 20134000274 . 2 . , MY COMMISSION EXPIRES JANUARY it, JW7 L ,� Jll Notaiy Public ATTACHMENTS AS APPLICABLE: • COPY OF THE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 r�L • PUBLIC NOTICE RE: 420 E HYMAN AVE — GROWTH MANAGEMENT REVIEW AND SUBDIVISION REVIEW NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, May 21, 2013, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by John Martin, P.O Box 297, Queenstown, 9348, New Zealand, represented by Charles Cunniffe Architects. The applicant is requesting the following land use reviews: Subdivision, and Growth Management Reviews for expansion or new commercial development, new free-market residential units within a multi -family or mixed use project, demolition or redevelopment of multi -family housing, and development of affordable housing for a scrape and replace of the building located at 420 E. Hyman Street, Lot O, Block 88, Duvike Condominiums, City and Townsite of Aspen, Colorado. For further information, contact Sara Adams at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2778, sara.adams@ci.aspen.co.us. s/LJ Ersnamer, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on May 2, 2013 City of Aspen Account 204 SOUTH GALENA STREET LLC 305-7 MILL STREET LLC 400 HYMAN LLC SHERMAN & HOWARD LLC 412 N PAULINA 6829 OUEENFERRY CIR 201 N MILL ST #201 CHICAGO, IL 60622 BOCA RATON, FL 33496 ASPEN, CO 81611 407 HYMAN LLC 409 EAST HYMAN LLC 434 EAST COOPER AVENUE LLC 416 MOORE DR 63 FOX PROWL CURTIS B SANDERS ESO ASPEN, CO 81611 CARBONDALE, CO 81623 201 N MILL ST #201 ASPEN, CO 81611 514 AH LLC 517 EAST HOPKINS AVENUE LLC AP FIT 29 LLC 514 E HYMAN AVE 517 E HOPKINS AVE 418 E COOPER AVE #207 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN FILM ASPEN FIRE PROTECTION DISTRICT AVH ONION VENTURES II LLC 8.208% 110 E HALLAM ST #102 420 E HOPKINS AVE 601 E HYMAN AVE ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 BARNETT-FYRWALD HOLDINGS INC BLAU JEFF T BPOE ASPEN LODGE #224 500 PRESIDENT CLINTON AVE #310 C/O RELATED COMPAINES 210 S GALENA ST #21 LITTLE ROCK, AR 722011760 60 COLUMBUS CIRCLE FL 19 ASPEN, CO 81611 NEW YORK, NY 10023 BRAND BUILDING LLC CARLSON BRUCE E TRUST CHARLIES COW COMPANY LLC 205 S GALENA ST PO BOX 3587 315 E HYMAN AVE ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 CITY OF ASPEN PUBLIC FACILITIES COLLINS BLOCK LLC COTTONWOOD VENTURES II LLC AUTH 205 S GALENA ST 419 E HYMAN AVE ATTN FINANCE DEPT ASPEN, CO 81611 ASPEN, CO 81611 130 S GALENA ST ASPEN, CO 81611 COTTONWOOD VENTURES II LLC COX JAMES E LIVING TRUST DCGB LLC ATTN JANA FREDERICK 3284 SURMONT DR ATT GIORGIO RIGHETTI CFO 300 CRESCENT CT STE 850 LAFAYETTE, CA 94549 610 WEST 52 ST DALLAS, TX 75201 NEW YORK, NY 10019 DENSON JAMES D DOLE MARGARET M DUVIKE INC PO BOX 1614 400 E HYMAN AVE #302 C/O AERSCAPE LTD TUBAC, AZ 85646 ASPEN, CO 816111989 230 S MILL ST ASPEN, CO 81611 ELKS LODGE 224 F & M VENTURES LLC FIERCELY LOCAL 210 S GALENA ST STE 21 C/O MORRIS & FYRWALD RE 328 E HYMAN AVE ASPEN, CO 81611 415 E HYMAN AVE ASPEN, CO 81611 ASPEN, CO 81611 M FOOTLOOSE MOCCASIN MAKERS INC C/O MANUEL GOUVEIA 44 SILVERADO CT. CANON CITY, CO 81212 GECMC 2007 Cl PARAGON BUILDING LLC 230 PARK AVE 12TH FL NEW YORK, NY 10169 G & K LAND CO LLC 140 PITKIN MESA DR ASPEN, CO 81611 GLENROY PARTNERS 2.9% PO BOX 2157 SANTA CRUZ, CA 95063 GORDON DAVID F & LETICIA LLC GRIFFITH LARRY R C/O JOE RACZAK/NORTH OF NELL MGT 19794 ESCADA CT 555 E DURANT REDDING, CA 96003 ASPEN, CO 81611 HINDERSTEIN FAM REV TRUST 4415 HONEYMOON BAY RD GREENBANK, WA 98253 ISIS BUILDING LLC 205 S MILL ST # 301 A ASPEN, CO 81611 KANTZER TAYLOR M FAM TRST #1 216 SEVENTEENTH ST MANHATTAN BEACH, CA 90266 LEVY LAWRENCE F & CAROL 444 N MICHIGAN AVE #3500 CHICAGO, IL 60611 LOMA ALTA CORPORATION PO BOX 886 LANCASTER, TX 75146-0886 NH ONION VENTURES II LLC 16.918% 601 E HYMAN AVE ASPEN, CO 81611 HORSE ISLAND LLC 300 CRESCENT CT STE #850 DALLAS, TX 75201 ISIS GROUP C/O COURTNEY LORD 631 W BLEEKER ST ASPEN, CO 81611 KAUFMAN GIDEON I C/O KAUFMAN & PETERSON 315 E HYMAN AVE #305 ASPEN, CO 81611 LINDNER ERIKA L REV TRUST 50% 66966 TEN PEAKS CT BEND, OR 97701-9277 MILL STREET PLAZA ASSOC LLC C/O M&W PROPERTIES 205 S MILL ST #301A ASPEN, CO 81611 OSA TRUST 50% C/O KREVOY SUSANNE BELZBERG 2311 LA MESA DR SANTA MONICA, CA 90402 GALENA COOPER LLC 601 E HYMAN ASPEN, CO 81611 GODIVA HOLDINGS LLC 435 E MAIN ST ASPEN, CO 81611 HALL CHARLES L PO BOX 1819 ASPEN, CO 81612 HYMAN MALL COMMERCIAL CONDOS LLC PO BOX 1028 ASPEN, CO 81612 KANDYCOM INC 766 SINGING WOOD DR ARCADIA, CA 91006 KREVOY SUSANNE SEPARATE PROP TRST 50% 2311 LA MESA DR SANTA MONICA, CA 90402 LINDNER FRITZ DISCLAIMER TRUST 50% 66966 TEN PEAKS CT BEND, OR 97701 MTN ENTERPRISES 80B C/O HILLIS OF SNOWMASS PO BOX 5739 EAGLE, CO 816315739 P & L PROPERTIES LLC 101 S 3RD ST #360 GRAND JUNCTION, CO 81501 PARAGON PENTHOUSE LLC RED ONION INVESTORS LLC 65.784% SH ONION VENTURES II LLC 2.19% 9950 SANTA MONICA BLVD 418 E COOPER ST #207 601 E HYMAN AVE BEVERLY HILLS, CA 90212 ASPEN, CO 81611 ASPEN, CO 81611 M SILVER SLAM COMMERCIAL LLC WALL JANET REV TRUST WELLS FARGO BANK C/O RELATED COMPANIES/ JEFF BLAU 9762 BURNLEY PL C/O THOMSON PROPERTY TAX 60 COLUMBUS CIR BEVERLY HILLS, CA 90210 SERVICES NEW YORK, NY 10023 PO BOX 2609 CARLSBAD, CA 92018 WENDELIN ASSOC 150 METRO PARK ROCHESTER, NY 14623 WILLIAMS DEXTER M 82 W LUPINE DR ASPEN, CO 81611 WHEELER BLOCK BUILDING LLC TKG MANAGEMENT INC C/O 211 N STADIUM BLVD STE 201 COLUMBIA, MO 65203 WOODS FAMILY LP PO BOX 11468 ASPEN, CO 81612 WHEELER SQUARE - CASPER FAMILY LLC 315 E HYMAN ASPEN, CO 81611 0 0 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: Aspen, CO SCHEDULED PUBLIC HEARING DATE: -I'c .120)3 STATE OF COLOR4DO ) ss. County of Pitkin ) I, Ar ezzlet t C7Co�`7 _ (name, please print) being o rr epresenting an Applicant to tfie City -of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of -notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing 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) Of 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. Signature The foregoing "Affidavit of Notice" was acknowledged before me this A day of , 20y, by '�► - ��Y Pie fNDA. M. ; �a!PJ My C810i*n Expires 03/2912014 WITNESS MY HAND AND OFFICIAL SEAL My ommission expires: f:�r AA t, Notary Public ATTACHMENTS AS APPLICABLE: * COPY OF THE PUBLICATION * PHOTOGRAPH OF THE POSTED NOTICE (SIGN) * LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTIED BY MAIL * APPLICANT CERTICICATION OF NUNERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 PUBLIC NOTICE - RE: 420 E HYMAN AVE - GROWTH MANAGE- MENT REVIEW AND SUBDIVISION REVIEW NOTICE IS HEREBY GIVEN that a public hearing will be held on T"?,,a., May 21, 2013, at a meet- ing ,il . gin at 4. . prit. belore the Aspen Plan- ning 'oning Commission, Sister Cities Meet- ing Roo, ., City Hall, 130 S. Galena St., Aspen, to consider an application submitted by John Martin, P.O Box 297, Queenstown, 9348, New Zealand, represented by Charles Cunniffe Architects. The applicant is requesting the following land use re- views: Subdivision, and Growth Management Re- views for expansion or new commercial develop- ment, new free-market residential units within a multi -family or mixed use project, demolition or re- development of multi -family housing, and develop- ment of affordable housing for a scrape and re- place of the building located at 420 E. Hyman Street, Lot O, Block 88, Duvike Condominiums, City and Townsite of Aspen, Colorado. For further information, contact Sara Adams at the City of As- pen Community Development Department, 130 S. Galena St.. Aspen. CO, (970) 429-2778, sara.ad- ams®ci.aspen.co.us. s/6J Err,Ch aQemeair Aspen Planning and Zoning Commission Published in the Aspen Times Weekly on May 2, 2013.[91423751 ?d a y 10 4 " PUBLIC NOTICE �� Date: May 21, 2013 Time: 5pm Place: Sister Cities Room, City Hall.,�-S--Gaena St. Purpose:-•.. In Planninn R 7nninn is ncAn +„ d ; +► +� Fr•= r`�!Y�. �' yr• r w MEMORANDUM M5 f TO: Aspen Planning and Zoning Commission FROM: Sara Adams, Senior Planner THRU: Jennifer Phelan, Community Development Deputy Director RE: 420 E. Hyman Ave — GMQS and Subdivision Resolution No._, Series of 2013 MEETING DATE: May 21, 2013 APPLICANT /OWNER: John Martin. REPRESENTATIVE: Charles Cunniffe Architects. LOCATION: 420 E. Hyman Ave. CURRENT ZONING: CC (Commercial Core) SUMMARY: The Applicant requests growth management and subdivision reviews for a scrape and replace of the building that currently houses Zocalito and CB Paws. STAFF RECOMMENDATION: Staff recommends approval of the request. Photo: Location of 420 E. Hyman and picture of Building viewed from Hyman Mall. Page 1 of 5 420 East Hyman Ave. GMQS and Subdivision P&Z Memo REQUEST OF THE PLANNING AND ZONING COMMISSION: The Applicant is requesting the following land use approvals to scrape and replace the existing building: • A Growth Management Review (Chapter 26.470.080.1, Expansion or new commercial development) for the development of new net leasable commercial space. (The Planning and Zoning Commission is the final review authority.) • A Growth Management Review (Chapter 26.470.070.5, Demolition or redevelopment of multi family housing) for the replacement of existing multi -family housing with affordable housing and free market residential units. (The Planning and Zoning Commission is the final review authority.) • A Growth Management Review (Chapter 26.470.070.4, Affordable Housing) for the development of affordable housing. (The Planning and Zoning Commission is the final review authority.) • Subdivision approval (Chapter 26.480, Subdivision) for the creation of multiple residential units in a mixed -use building. (City Council is the final review authority after considering a recommendation from the Planning and Zoning Commission) BACKGROUND AND PROJECT SUMMARY: The applicant is proposing to demolish the existing two story building and to construct a new three story building. The building currently contains commercial and free market residential and is proposed to comprise commercial, free market residential and affordable housing. The property is about 3,009 square feet in size and it located within the Commercial Core Historic District. The original application for this redevelopment was made in March of 2012, and is subject to the Land Use Code in place at that time which permitted new free-market residential units and an overall allowed height of 38 feet to 42 feet. The project meets the dimensional requirements of the zone district. Existing Conditions and Previous Approvals: The existing 1970s mixed use building contains commercial uses on the basement, first and second floors. The second floor also contains three free market residential units — two studio units and one 1-bedroom unit. On July 25, 2012, HPC granted approval for off -site public amenity for the required 10% (300 square feet) subject to review by the Parks Department. The third floor is approved to be 38 feet in height which meets the 38 — 42 feet height limit in the Commercial Core. HPC denied the request to increase the height to 40 feet considering the adjacent historic landmarks to the east. HPC was concerned about the impact that the material palette could have on the mass and scale, and added a condition of approval that mass and scale shall be addressed during Final Review when the materials are finalized. During call-up procedure on August 27, 2012, City Council remanded the application back to HPC to resolve the mass and scale of the project at Conceptual Review rather than during Final Review. On November 14, 2012 HPC re -reviewed the project and approved the mass and scale for Conceptual Review. Page 2 of 5 420 East Hyman Ave. GMQS and Subdivision P&Z Memo i Proposed Development: The applicant proposes a new three story building as follows: Basement: Commercial First Floor: Commercial Second Floor: Commercial, Free Market Residential, Affordable Housing Third Floor: Free Market Residential, Affordable Housing Table 1: FAR analysis Allowable Proposed Commercial 2:1 or 6,018 sf. 2,545 sf. Affordable Housing No limit 2,266 sf. Free Market Residential 0.75: V or 2,257 sf. 2,256 sf. Total 2.15:1 or 8,275 sf. 7,068 sf. Table 2: Net Livable and Net Leasable Area analysis Existing Proposed Increase Commercial 3,610 sf. NLA 4,396 sf. NLA + 786 sf. NLA Free Market Residential 1,292 sf. NLA 1,874 sf. NLA + 582 sf. NLA Affordable Housing 0 1,292 sf. NLA + 1,292 sf. NLA The maximum building height approved by HPC is 38 ft. A mechanical area is proposed at the rear of the roof. No rooftop deck is proposed. STAFF COMMENTS: GROWTH MANAGEMENT REVIEW The applicant proposes to increase the existing net leasable by 786 square feet, which requires a mitigation of 1.59 full time equivalents (FTEs). Multi -family replacement is triggered by the demolition of three existing free market residential units. The Land Use Code that the project is subject to (Section 26.470.100.6 On -site housing serves multiple affordable housing requirements) permits a mixed use project to only mitigate for the larger housing requirement when actual units are provided onsite. The multi -family replacement provision requires more affordable housing than the expansion of commercial net leasable. The applicant proposes to utilize the 100% replacement option, which requires three affordable housing units, three bedrooms and at least 1,292 square feet of net livable area. One new free market residential unit is proposed, which is mitigated through the multi -family replacement provision. 1 0.75:1 is permitted only when affordable housing equal to 100% of the free-market residential floor area is developed on the same parcel. Page 3 of 5 420 East Hyman Ave. GMQS and Subdivision P&Z Memo 0 9 The 100% replacement provision requires replacement of no less than 100% of the number of units, bedrooms and net livable area demolished. The chart below outlines the existing and proposed units. Table 3: 100% Multi -family Replacement 1 I studio I 305L 1.25 1 studio 315 1.25 1 1-bedroom 672 1.75 total (required 1.292 1 4.25 In reviewing the Growth Management portion of the application, staff finds that the proposal meets all applicable review requirements (see Exhibit A). In accordance with the Land Use Code, the applicant is providing onsite affordable housing mitigation in the form of Category 4 rental units. A referral from APCHA is included as Exhibit C. SUBDIVISION REVIEW A subdivision review is required for this mixed -use building because multiple dwelling units are proposed. The applicant proposes to develop a free market residential unit, three affordable housing units, and additional commercial net leasable space. The subdivision is similar to the other subdivisions seen throughout the downtown area. In reviewing the Subdivision portion of the application, staff believes the proposal meets all applicable review requirements. The project is currently served by utilities and the new building shall meet all applicable building and fire codes. In addition, the applicant will meet all applicable engineering requirements, including all drainage requirements. REFERRAL AGENCY COMMENTS: The City Engineer, Fire Marshal, Water Department, Aspen Sanitation District, Building Department, Parks Department, and APCHA have all reviewed the proposed application and their requirements have been included as conditions of approval when appropriate. A copy of the Referral Agency comments is attached as Exhibit C. Page 4 of 5 420 East Hyman Ave. GMQS and Subdivision P&Z Memo • RECOMMENDATION: Staff recommends approval of the project, with the following conditions: 1. The project is subject to all conditions included in HPC Resolutions #17 and #28, Series of 2012. 2. All areas labeled "roof' and "green roof' may not be used as deck space. PROPOSED MOTION: "I move to approve Resolution # , Series 2013, approving Growth Management Reviews and recommending City Council approve a Subdivision Review for the project located at 420 E Hyman Ave." Attachments: Exhibit A - Growth Management Review Criteria, Staff Findings Exhibit B - Subdivision Review Criteria, Staff Findings Exhibit C - DRC Comments Exhibit D - Application Page 5 of 5 420 East Hyman Ave. GMQS and Subdivision P&Z Memo RESOLUTION NO. _, (SERIES OF 2013) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING FREE-MARKET RESIDENTIAL, AFFORDABLE HOUSING, AND COMMERCIAL GROWTH MANAGEMENT REVIEWS, AND RECOMMENDING THE CITY COUNCIL APPROVE A SUBDIVISION, FOR THE DEVELOPMENT OF ONE (1) FREE-MARKET RESIDENTIAL UNIT, THREE (3) AFFORDABLE HOUSING UNITS, AND 786 SQ FT OF NEW NET LEASABLE COMMERCIAL SPACE FOR THE PROPERTY LOCATED AT 420 EAST HYMAN AVENUE, LOT O, BLOCK 88, AKA DUVIKE CONDOMINIUMS, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-037-39-020 THRU -027 ANI) 2737-073-39-801 WHEREAS, the Community Development Department received an application from John Martin, represented by Charles Cunniffe Architects, Inc. requesting approval of Free -Market Residential, Affordable Housing, and Commercial Growth Management Allotments, and Subdivision, to demolish the existing building and to construct a new three story building to include one (1) free-market residential unit, three (3) affordable housing units, and 786 sq ft of new net leasable commercial space; and, WHEREAS, the Applicant requests approval by the Planning and Zoning Commission Free -Market Residential, Affordable Housing, and Commercial Growth Management Allotments; and, WHEREAS, the Applicant requests a recommendation by the Planning and Zoning Commission to the City Council for Subdivision approval; and, WHEREAS, the property is zoned Commercial Core (CC); and, WHEREAS, the property is located within the Commercial Core Historic District and is not considered a contributing building to the integrity of the Historic District; and WHEREAS, on July 25, 2012 and on November 14, 2012 the Historic Preservation Commission granted Conceptual Commercial Design Review and Conceptual Major Development Review approval via Resolution # 17 and Resolution #28, Series of 2012 WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended approval of the application; and, Resolution No _, Series 2013 420 East Hyman Ave Page 1 of 5 WHEREAS, during a duly noticed public hearing on May 21, 2013, the Planning and Zoning Commission approved Resolution No. _, Series of 2013, by a vote, approving one (1) Free -Market Residential Growth Management Allotments, three (3) Affordable Housing Growth Management Allotment, and 786 sq. ft. Commercial Growth Management Allotments, and recommending the Aspen City Council approve a Subdivision; and, WHEREAS, the Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: 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 allotments and approvals for one (1) free-market residential unit, three (3) affordable housing unit, and 786 sq. ft. of new commercial net leasable space for a total of 4,396 sq. ft. of commercial net leasable space. The Planning and Zoning Commission hereby recommends City Council approval of Subdivision. The project is subject to all conditions included in HPC Resolutions #17 and #28, Series of 2012. Section 2: Dimensions All dimensions shall meet the requirements of the Land Use Code in effect on April 4, 2012 (date of initial application), attached as Exhibit B. The approved floor plans are attached as Exhibit A. Minor changes from these are permitted at building permit and during Final Commercial Design Review by the Historic Preservation Commission. Areas labeled as "roof' or "green roof' are not permitted for use as a deck. Resolution No _, Series 2013 420 East Hyman Ave Page 2 of 5 0 • The project is subject to all conditions included in HPC Resolution 17 and I-IPC Resolution 28, Series of 2012. Section 3: 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. 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 fee - in -lieu of detention (FIL), it can only be applied to existing impervious areas. All new impervious areas will need to discharge at historic rates. Any discharge from the site must be made to the south mall side of the building opposed to the north alley side. Minor events must be tied into the storm sewer with a manhole. The manhole lid must be located below the mall bricks. Major events must discharge to the mall. Any proposed grade changes to the mall require approval by the Engineering Department. The Construction Management Plan shall describe mitigation for: parking, staging/encroachments, and truck traffic. Due to the proximity of the neighboring property and the excavation of the building, the Engineering Department shall require an excavation stabilization plan prior to building permit submittal. Section 4: Affordable Housing The three on -site affordable housing units, two studio units and one 2-bedroom unit, shall be deed restricted to Category 4. A deed restriction, approved by the Aspen/Pitkin County Housing Authority (APCHA), shall be recorded prior to a Certificate of Occupancy for free market residential component and the commercial component of the project. The affordable housing units shall be compliant with the Aspen/Pitkin County Housing Guidelines. Owner and APCHA stipulate and agree that, in accordance with C.R.S. 38-12-301(1)(a) and (b), this Deed Restriction constitutes a voluntary agreement and deed restriction to limit rent on the property subject hereto and to otherwise provide affordable housing stock. Owner waives any right it may have to claim that this Deed Restriction violates C.R.S. 38-12-301. More detailed information regarding the management and maintenance of the unit shall be provided to APCHA with the proposed deed restriction prior to CO. The owner shall have the right to rent the unit to tenants qualified under the APPCHA Guidelines. If the owner cannot provide a qualified tenant, the unit shall be rented through APCHA's normal advertising process. At no time shall the tenancy of the unit during a Resolution No _, Series 2013 420 East Hyman Ave Page 3 of 5 0 • lease period be tied to continued employment by the owner. Tenant leases, however, may be terminated for cause or at the end of the lease period upon termination of employment. The tenant in the rental unit shall be required to be re -qualified by APCHA on a yearly basis. If the owner elects to sell the unit, or they are required to be sold due to noncompliance, owner shall condominiumize the unit and form a condominium association for the management and maintenance thereof. The affordable housing association shall be separate from the free-market residential unit's and commercial unit's association(s). In the event the rental unit is required to become ownership unit due to noncompliance, APCHA or the City may elect to purchase them for rental to qualified tenants in accordance with APCHA Guidelines. Section 5: Fire Mitieation All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Section 6: Utilities All requirements of the City's most recently Adopted Water System Distribution Standards (currently 2012) must be met. Fire suppression is required. Fire flow calculations are required to confirm service size. Additionally Electrical Service should be discussed immediately with the Electric Department to ensure System capacity. If there is not System Capacity it may be necessary for the Developer to place a transformer on site. That Transformer would need to meet all pertinent Electrical Codes, and all City Electrical Setbacks (i.e. 10' in front of doors or free to alleyway, free to sky above [no overhangs]). 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. 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. Oil and Grease interceptors (NOT traps) are required for all food processing establishment. Locations of food processing shall be identified prior to building permit. Even though the commercial space is tenet finish, interceptors will be required at this time if food processing establishments are anticipated for this project. ACSD will not approve service to food processing establishments retrofitted for this use by small under counter TRAPS at a later date. 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. Section 8: Parks 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 Resolution No _, Series 2013 420 East Hyman Ave Page 4 of 5 not approved by the City Parks Department and the Engineering Department. Off -site public amenity equal to or in excess of $22,500 is subject to Parks Department approval. 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 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 21 st day of May, 2013. APPROVED AS TO FORM: PLANNING AND ZONING Debbie Quinn, Asst. City Attorney ATTEST: Jackie Lothian, Deputy City Clerk COMMISSION: LJ Erspamer, Chair Resolution No _, Series 2013 420 East Hyman Ave Page 5 of 5 9 0 Exhibit A — Staff Findings, Growth Management 26.470.050. General requirements. 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 Findings: Adequate growth management allotments exist for the request. Staff finds this criterion is 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 Findings: There are no applicable adopted Master Plans for this property. This is a mixed -use building that includes residential and commercial uses, which conforms with and is compatible with the uses in the immediate block and the zone district in general. Staff finds this criterion is met. 3. The development conforms to the requirements and limitations of the zone district. Staff Findings: The development meets all of the dimensional and use requirements of the Commercial Core (CC) zone district. Staff finds this criterion is 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 Findings: The proposed development is consistent with the Conceptual Historic Preservation approvals, including Conceptual Design Review. Staff finds this criterion is 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. Exhibit A — Staff Findings, Growth Management Page 1 of 7 0 • Staff Findings: This application proposes new commercial space and a new free-market residential unit. Because housing is proposed on -site, only the larger of the mitigation requirements must be met; in this case the multi family replacement is the larger requirement. The expanded commercial space will require 1.59 FTEs as mitigation, calculated as follows: basement 1739 5.35 1 1560 6.40 2 311 0.96 existing FTE credit 12.70 floor-• basement 2314 7.12 1 1780 7.30 2 302 0.93 3 0 0.00 proposed FTEs 15.34 15.34 (proposed) —12.7 (credit) = 2.64 FTEs # of FTEs requiring mitigation @ 60%: 1.59 2.64 FTEs * 60% mitigation rate = 1.59 FTEs The 100% multifamily replacement option for the residential portion of the project requires 4.25 FTEs to be housed as follows: 1 studio 1.25 1 studio 1.25 1 1-bedroom 1.75 total (required replacement): 3 3 4.25 The applicant proposes to mitigate with three on -site affordable housing units, as described below, to meet multifamily replacement requirements which meets the larger of the two requirements. Staff finds this criterion is met. Exhibit A — Staff Findings, Growth Management Page 2 of 7 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 Findings: As mentioned in Criterion 5, above, the applicant is proposing to mitigate with on -site affordable housing, so only the larger of housing mitigation requirements is needed. The new free-market residential unit is mitigated through the proposed 100% multifamily replacement option. The applicant is proposing to deed restrict the unit at Category 4. Stafffinds this criterion is met. 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 Findings: The addition of commercial space, affordable housing units and a free market residential unit will represent minimal additional demand on public infrastructure. The applicant proposes a trash utility area to accommodate the new building, and the applicant has agreed to make any necessary upgrades related to water, sewer, and stormwater service. Staff finds this criterion is met. 26.470.070. Minor Planning and Zoning Commission applications. 4. 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. Exhibit A — Staff Findings, Growth Management Page 3 of 7 Staff Findings: The proposed units comply with all applicable requirements outlined in the AHPCA Housing Guidelines. The Board of Directors reviewed the case and recommended approval of the proposal. Staff finds this criterion is 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 Findings: The applicant proposes three new affordable housing units at Category 4 as described below. Staff finds this criterion is met. 1 studio 506 4 500 1.25 1 studio 507 4 500 1.25 1 2- bedroom 967 4 950 2.25 total: 3 4 1980 4.75 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 is higher. This dimensional requirement may be varied through Special Review, Pursuant to Chapter 26.430. Staff Findings: The proposed units are entirely above grade. Staff finds this criterion is met. 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. Exhibit A — Staff Findings, Growth Management Page 4 of 7 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 Findings: The applicant proposes deed restricting the units as Category 4 rental units. The APCHA Board of Directors reviewed the proposal and recommended approval. Staff finds this criterion is met. 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 Findings: The proposed development does not propose non -mitigation affordable housing. Stafffrnds this criterion is not applicable. 5. Demolition or redevelopment of multi -family housing. The City's neighborhoods have traditionally been comprised of a mix of housing types, including those affordable by its working residents. However, because of Aspen's attractiveness as a resort environment and because of the physical constraints of the upper Roaring Fork Valley, there is constant pressure for the redevelopment of dwellings currently providing resident housing for tourist and second -home use. Such redevelopment results in the displacement of individuals and families who are an integral part of the Aspen work force. Given the extremely high cost of and demand for market - rate housing, resident housing opportunities for displaced working residents, which are now minimal, will continue to decrease. Preservation of the housing inventory and provision of dispersed housing opportunities in Aspen have been long-standing planning goals of the community. Achievement of these goals will serve to promote a socially and economically balanced community, limit the number of individuals who face a long and sometimes dangerous commute on State Highway 82, reduce the air pollution effects of commuting and prevent exclusion of working residents from the City's neighborhoods. The Aspen Area Community Plan established a goal that affordable housing for working residents be provided by both the public and private sectors. The City and the Aspen/Pitkin County Housing Authority have provided affordable housing both within and adjacent to the City limits. The private sector has also provided affordable housing. Nevertheless, as a result of the replacement of resident housing with second homes and tourist accommodations and the steady increase in the size of the workforce required to assure the continued viability of Aspen area businesses and the City's tourist -based economy, the City has found it necessary, in concert with other regulations, to adopt limitations on the combining, demolition or conversion of Exhibit A — Staff Findings, Growth Management Page 5 of 7 • E existing multi -family housing in order to minimize the displacement of working residents, to ensure that the private sector maintains its role in the provision of resident housing and to prevent a housing shortfall from occurring. The combining, demolition, conversion or redevelopment of multi -family housing shall be approved, approved with conditions or denied by the Planning and Zoning Commission based on compliance with the following requirements (see definition of demolition.): 1. Requirements for combining, demolishing, converting or redeveloping free-market multi- family housing units: Only one (1) of the following two (2) options is required to be met when combining, demolishing, converting or redeveloping a free-market multi -family residential property. To ensure the continued vitality of the community and a critical mass of local working residents, no net loss of density (total number of units) between the existing development and proposed development shall be allowed. a. One -hundred -percent replacement. In the event of the demolition of free-market multi -family housing, the applicant shall have the option to construct replacement housing consisting of no less than one hundred percent (100%) of the number of units, bedrooms and net livable area demolished. The replacement units shall be deed -restricted as resident occupied affordable housing, pursuant to the Guidelines of the Aspen/Pitkin County Housing Authority. An applicant may choose to provide mitigation units at a lower category designation. Each replacement unit shall be approved pursuant to Subsection 4, Affordable housing, of this Section. When this one -hundred -percent standard is accomplished, the remaining development on the site may be free-market residential development with no additional affordable housing mitigation required as long as there is no increase in the number of free-market residential units on the parcel. Free-market units in excess of the total number originally on the parcel shall be reviewed pursuant to Paragraph 26.470.070.3, Expansion of free-market residential units within a multi -family or mixed -use development. Staff Findings: The project is required to replace the existing number of free market residential units, bedrooms and net livable area with affordable housing units. The existing condition includes 3 units, 3 bedrooms and 1,292 square feet of net livable area. The applicant proposes 3 units, 4 bedrooms 1,980 square feet of net livable area. Exhibit A — Staff Findings, Growth Management Page 6 of 7 1 1 studio 305 1 studio 315 1 1-bedroom 672 total (required replacement): 3 3 1292 1 studio 506 1 studio 507 1 2- bedroom 967 total: 3 4 1980 Stafffinds that the proposed affordable housing units, as described above, meet the requirements for 100% replacement. The applicant proposes one free market residential unit which does not require mitigation, as it is within the existing number of free market residential units originally on the property. Stafffinds this criterion to be met. 26.470.080. Major Planning and Zoning Commission applications. 1. Expansion or new commercial development. The expansion of an existing commercial building or commercial portion of a mixed -use building or the development of a new commercial building or commercial portion of a mixed -use building shall be approved, approved with conditions or denied by the Planning and Zoning Commission based on general requirements outlined in Section 26.470.050. Staff Findings: The proposed development meets the requirements of 26.470.050, as outlined above. Stafffinds this criterion is met. 2. New free-market residential units within a multi -family or mixed -use project. The development of new free-market residential units within a multi -family or mixed -use project shall be approved, approved with conditions or denied by the Planning and Zoning Commission based on the general requirements outlined in Section 26.470.050 above. Staff Findings: The proposed development meets the requirements of 26.470.050, as outlined above. Stafffinds this criterion is met. I'Ahibit A — Staff Findings, Growth Management Page 7 of 7 Exhibit B — Staff Findings, Subdivision 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 Findings: There are no applicable adopted Master Plans for this property. The applicant proposes a new mixed -use building that includes residential and commercial uses, which conforms with and is compatible with the uses in the immediate block and the zone district in general. In addition, the approved Conceptual Commercial Design is consistent with the heights, bulk, open space, and architecture in the area. The applicant is providing off -site public amenity space, which was approved as part of their Conceptual Commercial Design Review. Staff finds this criterion is met. 2. The proposed subdivision shall be consistent with the character of existing land uses in the area. Staff Findings: The development meets all of the dimensional and use requirements of the Commercial Core (CC) zone district and the area. Staff finds this criterion is met. 3. The proposed subdivision shall not adversely affect the future development of surrounding areas. Staff Findings: The development does not adversely affect future development in the area. It complies with zoning and is consistent with the other subdivisions in the area. Stafffinds this criterion is met. 4. The proposed subdivision shall be in compliance with all applicable requirements of this Title. Staff Findings: The proposed subdivision complies with all applicable requirements of the Land Use Code. Staff finds this criterion is met. 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. 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. Exhibit B — Staff Findings, Subdivision Pagel of 3 Staff Findings: The proposed subdivision is located on a parcel suitable for the subdivision. There are no known hazards and no steep topography. In addition, the proposed subdivision is in a single mixed -use building so the spatial pattern is efficient. Staff finds this criterion is 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 Findings: The proposed development meets the requirements of 26.580. The Engineering Department has reviewed the proposal and conditions have been added to the Resolution to ensure all Engineering requirements are met. Stafffinds this criterion is 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. Staff Findings: The proposed development meets the requirements of 26.470. Staff finds this criterion is met. E. School land dedication. Compliance with the School land dedication standards set forth at Chapter 26.620. Staff Findings: The applicant will comply with all required school land dedication requirements. A cash -in -lieu payment will be made as part of the building permit. Staff finds this criterion is 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. Exhibit B — Staff Findings, Subdivision Page 2 of 3 0 • Staff Findings: The proposed development meets the requirements of the Growth Management Quota System, Chapter 26.470. If the growth management requests are granted by the Planning and Zoning Commission, this criterion will be met. . Exhibit B — Staff Findings, Subdivision Page 3 of 3 Exhibit C- DRC comments Fire Department: This project shall meet all of the codes and requirements of the Aspen Fire Protection District. This includes but is not limited to the installation of approved fire sprinkler and fire alarm systems. Parks Department: A) Site plan: 1) The City will need a site plan that shows or identifies the areas of impact on the mall — where will excavation take place, how deep, type of machinery, storage of materials, what utility, etc..... Staging and construction use of the mall area is prohibited except for the specific utility connection. B) Tree Protection: 1) A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site and their represented drip lines. A formal plan indicating the location of the tree protection will be required for the bldg_permit set. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site. This fence must be inspected by the city forester or his/her designee (920-5120) before any construction activities are to commence. As referenced in Chapter 13.20 2) Any access across or through the area of protection is prohibited at all times C) Utility Connections: 1) How and where utility connections are made is a major concern relative to impact on the mall and mall users. It is strongly recommended that alternative means for utility connections be explored in order to prevent impacts to the mall area. D) General: 1. All mall work, related to any utility installation should be completed before the summer or winter seasons — consult with the Engineering Department for specific dates work is allowed. 2. The mall side of the project should be safe and fenced off during the entire project. Exhibit C DRC Comments — 420 E. Hyman 3. If mall brick is disturbed for construction the replacement has to follow the mall brick standard and it is suggested that the project consult with the current contracted mason for the City. 4. All bricks removed for any construction related activity are required to be saved and reused at the close of the project. 5. All trash and debris around the site is the responsibility of the project. 6. Trash and snow removal around the site is to be cleared by the project, during the winter pushing snow on to the mall is prohibited. 7. Removal, damage or trimming or trees is prohibited. 8. Parking of vehicles on the mall is prohibited. 9. Deliveries should be coordinated through the adjacent alley. Building Department: 1) The building does not qualify as a single exit building as proposed. Travel distance does not meet 2009 IBC 1021.2. 2) Openings at the easement will need to be calculated per 705.8 at 5' to an imaginary lot line at the west property line. 3) Elevators are not permitted to open into an exit enclosure 1022.3 4) Four residential dwelling units in a building requires them all to be type B per 1107.6.2.1.2 and ICC/ANSI A117.1-2003. 5) All units in this proposal will be required to have access to the elevator per 1107.7. 6) A accessible route to the trash area is required 1104. ACSD: 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. Even though the commercial space is tenet finish, interceptors will be required at this time if food processing establishments are anticipated for this project. ACSD will not approve service to food processing establishments retrofitted for this use by small under counter TRAPS at a later date. Oil and Sand separators are required for parking garages and vehicle maintenance establishments. Driveway entrance drains must drain to drywells. Elevator shafts drains must flow thru o/s interceptor Exhibit C DRC Comments — 420 E. Hyman 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 will be able to comment on this application in greater detail once detailed plans have been submitted to the District. Engineering Department: 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 adequate information is provided. Exhibit C DRC Comments — 420 E. Hyman 0 • 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 fee -in -lieu of detention (FIL), it can only be applied to existing impervious areas. All new impervious areas will need to discharge at historic rates. Any discharge from the site must be made to the south mall side of the building opposed to the north alley side. Minor events must be tied into the storm sewer with a manhole. The manhole lid must be located below the mall bricks. Major events must discharge to the mall. 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. 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. Hyman Ave Mall Grade Changes- Any proposed grade changes to the mall must be approved. 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 1 — 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. Exhibit C DRC Comments — 420 E. Hyman Housing: The APCHA Board reviewed the application at their regular meeting held May 1, 2013 and recommend approval of the three on -site units with the following conditions: Rental Units: 1. As rental units, the deed restriction shall require that all tenants are approved PRIOR to tenancy through APCHA and must re -qualify on a YEARLY basis, the tenants shall be no higher than a Category 4, and at such time the unit is found to be out of compliance for one year, the owner will be REQUIRED to sell all of the units through the lottery system. If the units become ownership units, the conditions stated below under the Sales Unit section shall come into play. 2. The rental deed restriction will be recorded with the following conditions: a. The use and occupancy of the Employee Dwelling Units shall henceforth be limited exclusively to housing for employees and their families who are employed in Pitkin County and who meet the definition of "qualified Category 4 employee" as that term is defined by the qualification guidelines established and indexed by the Authority on an annual basis. The Owner shall have the right to lease the Employee Dwelling Units to "qualified Category 4 employees" of his own selection. b. The Employee Dwelling Units shall not be occupied by the Owner or members of the immediate family ("Immediate Family" shall mean a person related by blood or marriage who is a first cousin [or closer relative] and his or her children), unless the family member is a qualified employee and obtains approval by APCHA prior to occupancy. The units shall at no time be used as a guesthouse or guest facility. C. Written verification of employment of employee(s) proposed to reside in the Employee Dwelling Units shall be completed and filed with the Authority by the Owner of the Employee Dwelling Units prior to occupancy thereof, and such verification must be acceptable to the Authority. d. The Employee Dwelling Units shall be required to be rented for periods of no less than six (6) consecutive months. Upon vacancy of the Employee Dwelling Units, the Owner is granted forty-five (45) days in which to locate a qualified employee. If an employee is not placed by the Owner, the Authority may rent the Employee Dwelling Units to a qualified employee. e. The maximum rental rate shall not exceed the Category 4, studio or two -bedroom, rental rate as set forth in the Rental Guidelines established by the Authority and may be adjusted annually as set forth by the Guidelines. The maximum permitted rent Exhibit C DRC Comments — 420 E. Hyman 0 • for the units on the date of execution of this deed restriction as stated in the Guidelines at the time the deed -restriction is recorded. Rent shall be verified and approved by the Authority upon submission and approval of the lease. Employees shall be qualified by the Authority as to employment, maximum income and asset limitations on a yearly basis. The signed lease must be provided to APCHA. f. The Units must meet minimum occupancy; i.e., one person per bedroom. g. Owner agrees to provide to APCHA upon request all information reasonably necessary to determine if there is full compliance with this Agreement. h. In the event that APCHA has reasonable cause to believe the Owner and/or tenant is violating the provisions of this Agreement, the APCHA, by its authorized representative, may inspect the Property or Affordable Housing Unit between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, after providing the Owner with no less than 24 hours' written notice. i. The APCHA, in the event a violation of this Agreement is discovered, shall send a notice of violation to the Owner and/or tenant, as may be applicable, detailing the nature of the violation and allowing the Owner or tenant fifteen (15) days to cure. Said notice shall state that the Owner or tenant may request a quasi-judicial hearing before the APCHA Board pursuant to the Grievance Procedures of the APCHA Guidelines within fifteen (15) days to determine the merits of the allegations. If no hearing is requested and the violation is not cured within the fifteen (15) day period, the Owner or tenant shall be considered in violation of this Agreement. If a hearing is held before the APCHA Board, the decision of the APCHA Board based on the record of such hearing shall be final for the purpose of determining if a violation has occurred and for the purpose of judicial review. j. There is hereby reserved to the parties' hereto any and all remedies provided by law for breach of this Agreement or any of its terms. In the event the parties resort to litigation with respect to any or all provisions of this Agreement, the prevailing party shall recover damages and costs, including reasonable attorney's fees. k. In the event an Affordable Housing Unit is leased without compliance herewith, such lease shall be wholly null and void and shall confer no title whatsoever upon the purported tenant. Each and every lease, for all purposes, shall be deemed to include and incorporate by this reference, the covenants herein contained, even without reference therein to this Agreement. 1. In the event that the Owner or tenant fails to cure any breach, the APCHA may resort to any and all available legal action, including, but not limited to, specific Exhibit C DRC Comments — 420 E. Hyman performance of this Agreement or a mandatory injunction requiring compliance by Owner and/or tenant. in. Whenever possible, each provision of this Agreement and any other related document shall be interpreted in such a manner as to be valid under applicable law; but if any such provision shall be invalid or prohibited under applicable law, such provision shall be ineffective to the extent of such invalidity or prohibition without invalidating the remaining provisions of this Agreement or other document. n. This Agreement is to be governed and construed in accordance with the laws of the State of Colorado. o. No claim of waiver, consent or acquiescence with respect to any provision of this Agreement shall be valid against any party hereto except on the basis of a written instrument executed by the parties to this agreement. However, the party for whose benefit a condition is inserted herein shall have the unilateral right to waive such condition. P. The parties to this Agreement agree that any modifications of this Agreement shall be effective only when made in writing signed by both parties and recorded with the Clerk and Recorder of Pitkin County, Colorado. q. The terms and provisions of this Deed Restriction shall constitute covenants running with the title to the Affordable Housing Units as a burden thereon for the benefit of, and shall be specifically enforceable by, the Managing Agent, the Association and/or Owner, by the Housing Authority, the City of Aspen, Colorado, and by their respective successors and assigns, by any appropriate legal action including, but not limited to, injunction, abatement, or eviction of non -qualified tenants. r. Lease agreements executed for occupancy of the Employee Dwelling Unit shall provide for a rental term of not less than six (6) consecutive months. A signed and executed copy of the lease shall be provided to the Authority by the Owner within ten (10) days of approval of employee(s) for the Employee Dwelling Unit. S. Owner and APCHA stipulate and agree that, in accordance with CRS 38-12- 301(1)(a) and (b), this Deed Restriction constitutes a voluntary agreement and deed restriction to limit rent on the property subject hereto and to otherwise provide affordable housing stock. Owner waives any right it may have to claim that this Deed Restriction violates CRS 38-12-301. t. When the option to convert any unit to a sale unit is exercised, the owner must adopt a new deed restriction in the form adopted by APCHA that is applicable to sale units and/or if found to be out of compliance for one year. Exhibit C DRC Comments — 420 E. Hyman U. The owner must provide in the condominium documents the requirement to create a separate homeowner's association if the three deed -restricted units become ownership units. Sales Units: 1. The units shall be ownership units and sold through the Aspen/Pitkin County Housing Authority lottery system upon request by the owner and/or at such time one of the units is out of compliance for one year. 2. The units shall be classified as Category 4. 3. The condominium documents shall be created at the onset, or modified at the time the three deed -restricted units become ownership units, to reflect that any common area maintenance shall be paid by the free-market residential unit and the commercial owners, and the other costs shall be assessed based on the actual values of the free-market homes versus the deed -restricted units. The condominium documents shall be reviewed and approved by APCHA. A recorded deed restriction, approved by APCHA, shall be recorded on the units prior to the Certificate Occupancy. Exhibit C DRC Comments — 420 E. Hyman • • MEMORANDUM TO: Sara Adams, Community Development Department FROM: Cindy Christensen, APCHA Operations Manager DATE: May 1, 2013 RE: 420 EAST HYMAN AVENUE GMQS AND SUBDIVISION LAND USE REVIEW ISSUE: The applicant is requesting approval to redevelop the property at 420 East Hyman Avenue, current location of Zocalito and CB Paws. BACKGROUND: The development is located on the Hyman Pedestrian Mall and currently includes commercial space and three free-market residential units. The applicant is proposing to scrape and replace the existing building. The project was first submitted in early 2012; therefore, the redevelopment is based on the previous Code allowing for a three-story structure. The new building being proposed will include a basement and three stories above grade with a mix of commercial, three affordable housing units and one free-market residential unit. There are only two on -site parking spaces associated with the proposal and are required for the commercial space only. The project is reviewed pursuant to the Code in place prior to April 24, 2012. Based on the Code in place at the time of submittal, more than one free-market residential unit in a mixed use building requires multifamily replacement according to Section 26.470.070.5. The three on -site affordable housing units being proposed are based on this requirement. The applicant has decided to provide the 100% replacement option for the multifamily replacement of which this does not require mitigation for the replacement of the existing free-market residential unit. The applicant triggers the affordable housing mitigation requirement for the increase in the commercial net leasable area. Section 26.470.100.6 allows on -site housing to serve multiple affordable housing requirements. This Section allows for the applicant to provide on -site housing to meet the larger housing requirement. If the applicant provided off -site housing or the use of the Certificates of Affordable Housing Credits, the mitigation would be a cumulative calculation. The applicant is also capitalizing on the additional FAR allowed in the Commercial Core Zone District (§26.710.140.D.12.3) when the amount of affordable housing is equal to or exceeds the amount of free market residential, the FAR for the free market residential is allowed to be 0.75:1 rather than the 0.5:1. DISCUSSION: A chart has been provided by Sara Adams from the Community Development Department breaking down the existing and proposed conditions for the multifamily replacement as well as the commercial mitigation. Again, the code exempts required mitigation on the multi- family, and only requires mitigation on the additional commercial space. 420 E. Hyman Avenue GMQS and Subdivision Land Use Review Page 1 • 0 The required mitigation at 60% for the proposed project is 1.97 FTE's as long as the mitigation is provided on -site. The applicant is proposing three deed -restricted AH units broken down as follows: FTE's Bedrooms NL Sq. Ft. Category Generated Studio 508 4 1.25 Studio 516 4 1.25 2-Bedroom 950 4 2.25 TOTAL 4.75 The proposed square footages of each unit meet the minimum requirements for Category 3 and 4 rental units. The three proposed affordable housing units provides 100% mitigation under the multi -family replacement program for the three existing free-market residential units. The applicant is proposing the three deed -restricted units as rental units. Although staff does not recommend a mixed use development, the Code allows for on -site units. Staff would recommend specific conditions be in place as part of the approval. RECOMMENDATION: The APCHA Board reviewed the application at their regular meeting held May 1, 2013 and recommend approval of the three on -site units with the following conditions: Rental Units: As rental units, the deed restriction shall require that all tenants are approved PRIOR to tenancy through APCHA and must re -qualify on a YEARLY basis, the tenants shall be no higher than a Category 4, and at such time the unit is found to be out of compliance for one year, the owner will be REQUIRED to sell all of the units through the lottery system. If the units become ownership units, the conditions stated below under the Sales Unit section shall come into play. 2. The rental deed restriction will be recorded with the following conditions: a. The use and occupancy of the Employee Dwelling Units shall henceforth be limited exclusively to housing for employees and their families who are employed in Pitkin County and who meet the definition of "qualified Category 4 employee" as that term is defined by the qualification guidelines established and indexed by the Authority on an annual basis. The Owner shall have the right to lease the Employee Dwelling Units to "qualified Category 4 employees" of his own selection. b. The Employee Dwelling Units shall not be occupied by the Owner or members of the immediate family ("Immediate Family" shall mean a person related by blood or marriage 420 E. Nyman Avenue GMQS and Subdivision Land Use Review Page 2 who is a first cousin [or closer relative] and his or her children), unless the family member is a qualified employee and obtains approval by APCHA prior to occupancy. The units shall at no time be used as a guesthouse or guest facility. Written verification of employment of employee(s) proposed to reside in the Employee Dwelling Units shall be completed and filed with the Authority by the Owner of the Employee Dwelling Units prior to occupancy thereof, and such verification must be acceptable to the Authority. d. The Employee Dwelling Units shall be required to be rented for periods of no less than six (6) consecutive months. Upon vacancy of the Employee Dwelling Units, the Owner is granted forty-five (45) days in which to locate a qualified employee. If an employee is not placed by the Owner, the Authority may rent the Employee Dwelling Units to a qualified employee. The maximum rental rate shall not exceed the Category 4, studio or two -bedroom, rental rate as set forth in the Rental Guidelines established by the Authority and may be adjusted annually as set forth by the Guidelines. The maximum permitted rent for the units on the date of execution of this deed restriction as stated in the Guidelines at the time the deed - restriction is recorded. Rent shall be verified and approved by the Authority upon submission and approval of the lease. Employees shall be qualified by the Authority as to employment, maximum income and asset limitations on a yearly basis. The signed lease must be provided to APCHA. The Units must meet minimum occupancy; i.e., one person per bedroom. g. Owner agrees to provide to APCHA upon request all information reasonably necessary to determine if there is full compliance with this Agreement. In the event that APCHA has reasonable cause to believe the Owner and/or tenant is violating the provisions of this Agreement, the APCHA, by its authorized representative, may inspect the Property or Affordable Housing Unit between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, after providing the Owner with no less than 24 hours' written notice. The APCHA, in the event a violation of this Agreement is discovered, shall send a notice of violation to the Owner and/or tenant, as may be applicable, detailing the nature of the violation and allowing the Owner or tenant fifteen (15) days to cure. Said notice shall state that the Owner or tenant may request a quasi-judicial hearing before the APCHA Board pursuant to the Grievance Procedures of the APCHA Guidelines within fifteen (15) days to determine the merits of the allegations. If no hearing is requested and the violation is not cured within the fifteen (15) day period, the Owner or tenant shall be considered in violation of this Agreement. If a hearing is held before the APCHA Board, the decision of the APCHA Board based on the record of such hearing shall be final for the purpose of determining if a violation has occurred and for the purpose of judicial review. j. There is hereby reserved to the parties' hereto any and all remedies provided by law for breach of this Agreement or any of its terms. In the event the parties resort to litigation with respect to any or all provisions of this Agreement, the prevailing party shall recover damages and costs, including reasonable attorney's fees. 420 E. Hyman Avenue GMQS and Subdivision Land Use Review Page 3 k. In the event an Affordable Housing Unit is leased without compliance herewith, such lease shall be wholly null and void and shall confer no title whatsoever upon the purported tenant. Each and every lease, for all purposes, shall be deemed to include and incorporate by this reference, the covenants herein contained, even without reference therein to this Agreement. In the event that the Owner or tenant fails to cure any breach, the APCHA may resort to any and all available legal action, including, but not limited to, specific performance of this Agreement or a mandatory injunction requiring compliance by Owner and/or tenant. M. Whenever possible, each provision of this Agreement and any other related document shall be interpreted in such a manner as to be valid under applicable law; but if any such provision shall be invalid or prohibited under applicable law, such provision shall be ineffective to the extent of such invalidity or prohibition without invalidating the remaining provisions of this Agreement or other document. n. This Agreement is to be governed and construed in accordance with the laws of the State of Colorado. o. No claim of waiver, consent or acquiescence with respect to any provision of this Agreement shall be valid against any party hereto except on the basis of a written instrument executed by the parties to this agreement. However, the party for whose benefit a condition is inserted herein shall have the unilateral right to waive such condition. P. The parties to this Agreement agree that any modifications of this Agreement shall be effective only when made in writing signed by both parties and recorded with the Clerk and Recorder of Pitkin County, Colorado. q. The terms and provisions of this Deed Restriction shall constitute covenants running with the title to the Affordable Housing Units as a burden thereon for the benefit of, and shall be specifically enforceable by, the Managing Agent, the Association and/or Owner, by the Housing Authority, the City of Aspen, Colorado, and by their respective successors and assigns, by any appropriate legal action including, but not limited to, injunction, abatement, or eviction of non -qualified tenants. Lease agreements executed for occupancy of the Employee Dwelling Unit shall provide for a rental term of not less than six (6) consecutive months. A signed and executed copy of the lease shall be provided to the Authority by the Owner within ten (10) days of approval of employee(s) for the Employee Dwelling Unit. S. Owner and APCHA stipulate and agree that, in accordance with CRS 38-12-301(1)(a) and (b), this Deed Restriction constitutes a voluntary agreement and deed restriction to limit rent on the property subject hereto and to otherwise provide affordable housing stock. Owner waives any right it may have to claim that this Deed Restriction violates CRS 38-12-301. t. When the option to convert any unit to a sale unit is exercised, the owner must adopt a new deed restriction in the form adopted by APCHA that is applicable to sale units and/or if found to be out of compliance for one year. 420 E. Hyman Avenue GMQS and Subdivision Land Use Review Page 4 U. The owner must provide in the condominium documents the requirement to create a separate homeowner's association if the three deed -restricted units become ownership units. Sales Units: 1. The units shall be ownership units and sold through the Aspen/Pitkin County Housing Authority lottery system upon request by the owner and/or at such time one of the units is out of compliance for one year. 2. The units shall be classified as Category 4 3. The condominium documents shall be created at the onset, or modified at the time the three deed -restricted units become ownership units, to reflect that any common area maintenance shall be paid by the free-market residential unit and the commercial owners, and the other costs shall be assessed based on the actual values of the free-market homes versus the deed -restricted units. The condominium documents shall be reviewed and approved by APCHA. A recorded deed restriction, approved by APCHA, shall be recorded on the units prior to the Certificate Occupancy. 420 E. Hyman Avenue GMQS and Subdivision Land Use Review Page 5 EXHIBIT 1 Date: February 15, 2013 Project: 420 E Hyman Building Property Address: 420 E Hyman Avenue, Aspen, CO 81611 Legal Description: Lot O, Block 88, City and Townsite of Aspen Parcel I.D. # 's.: 2737-073-39-020 Thru -027 and 2737-073-39-801 PROJECT OVERVIEW: A. Project Description: This land use application anticipates the demolition of the existing building. The property is located within the Commercial Core Historic District, but is not a designated landmark. The redevelopment proposal is for a three story mixed -use building above grade, and a full basement. The building will be comprised of commercial space at the basement, first and second levels, two affordable studio units of 506 net livable sq. ft. and 507 net livable sq. ff. at the second level, an affordable two bedroom unit of 967 net livable sq. ft. split between the second and third levels, and a 1,874 net livable sq. ff. free-market split-level unit at the second and third levels. The above grade commercial area will be less than the 2.0:1 allowable area of 6,018 sq. ff. for this 3,009 sq. ft. lot. Two covered parking spaces and a 1 1x18 trash utility area are to be provided with alley access. The applicant is seeking an allotment of 1,000 square feet of Net Leasable Area (NLA) and intends to add it to the basement, main level, and second level commercial spaces and will satisfy associated affordable housing mitigation requirements with new affordable housing on site, although the replacement requirement for multi -family housing will be more stringent, B. Previous Approvals: 1. Pursuant to Resolution No. 17, Series of 2012, the HPC granted Major Development (Conceptual) Commercial Design Standard Review (Conceptual), Demolition, and Variance of Trash/Utility/Recycle Service Area Dimensions approvals for the property. (Exhibit 10) 2. Effect of the City Council call up. The Aspen City Council called up the HPC Conceptual Approval for review of mass and scale. On August 27, 2012, the City Council remanded the conceptual approval back to HPC for reconsideration of approval to finalize mass and scale. The HPC reviewed revised drawings and documents that accommodated the HPC and City Council's concerns and approved the conceptual submittal again with amendment pursuant to Resolution No. 28, Series of 2012. 3. Pursuant to Resolution No. 28, Series of 2012, the HPC granted amendment to Resolution # 17, Series of 2012 - Major Development (Conceptual) Commercial Design Standard Review (Conceptual), Demolition, and Variance of Trash/Utility/Recycle Service Area Dimensions approvals for the property. (Exhibit 1 1) 420 East Hyman Avenue Overview & Land Use Sections GMQS AQQLaatQn Aspen, Colorado Page 1 of 15 February 15, 2012 '1110% i LAND USE SECTIONS: (Chapter 26.470: GMQS & Chapter 26.480: Subdivision) C. Following is an explanation of how the proposed development complies with the GMQS Guidelines: Review Requirements Growth management review is necessary to obtain allocations for the additional residential and commercial space that is proposed to be included within the redevelopment. Aspen Land Use Code Sections addressed hereafter: 26.470.120, Community Objectives Scoring Criteria 26.470.050(B) - General Requirements 26.470.070(4) - Affordable Housing 26.470.070(5) - Demolition or Redevelopment of Multi -family Housing 26.470.080(1) - Expansion or New Commercial Development 26.470.080(2) - Major Planning and Zoning Commission applications 26.515.030, Off -Street Parking. 1. Community Objective Scoring Criteria, Section 26.470.120 Below are the Community Objectives Scoring Criteria (in italicized and indented print) with each followed by a recommended score and its rationale/justification. Community Objectives Scoring Criterion # I - Workforce Housing The community desires a balance between Aspen - the Community and Aspen - the Resort. Both the social fabric of the community and the long-term economic well-being of the resort are reliant on a resource of housing opportunities for local working residents. The Community Development Director shall assign a score to each project for this objective based on following point schedule: Points for the Number of Employees Housed. One (1) point shall be assigned for each one (1) percent by which a proposal exceeds the minimum affordable housing requirements of this Chapter, as applicable to the particular type of development, with actual housing units on -site or off -site. Depending upon the type of development, affordable housing requirements are either expressed as a number of units, number of employees to be housed, or as a square footage of housing to be provided and the score shall be a reflection of the applicable requirement. In circumstances where a project's affordable housing requirements are a combination of requirements, the average percent by which a proposal exceeds each requirement shall be used. In no case shall cash -in -lieu be used to obtain points for this criterion. Response: The project includes commercial, affordable housing, and free-market housing spaces. Section 26.470.080(1) of the Code directs an applicant to Section 26.470.050, where it is stated that sixty (60) percent of the employees generated by the additional commercial development, according to Section 26.470.100(A), Employee Generation Rates, are to be mitigated through the provision of affordable housing. With previous approvals, it was determined that new net leasable area (NLA) would be created as a result of the redevelopment. The applicant is requesting an allotment of 1,000 square feet of Commercial NLA to cover the proposed layout of 845 square feet on the basement, first and second levels. Also, with previous approvals, it was determined that new, free-market net livable square footage would be created with this 420 East Hyman Avenue Overview & Land Use Sections GMQS Application Aspen, Colorado Page 2 of 15 February 15, 2012 (Rev 5/ 10/ 13) 0 • development. The proposed layout will add 1,874 square feet of Free -Market Residential NLA on the second and third levels. The proposed development will demolish two (2) studios and one (1) 1-bedroom free-market housing units. Per Section 26.470.070(5. ].a) one hundred percent of the demolished free-market multifamily housing shall be replaced 1:1 on site. If in doing so, the remaining development may be free-market residential development without needing to satisfy affordable housing requirements so long as the number of free-market units is not in excess of the number of units originally on site. The proposed development will include on site Category 4 affordable housing in the form of two (2) studio units and (1) two -bedroom unit, as mitigation, per Sections 26.470.070.4 and 26.540,080 of the Code and based on the formula outlined in Ordinance 32, Series of 2012. Minimum affordable housing calculations: 1. Free -Market Residential: Mitigation: For free-market residential space, affordable housing shall be provided in an amount equal to at least thirty percent (30%) of the additional free-market residential net livable area, per Section 26.470.050(6) of the Code. This is excepted when 100% replacement of existing housing is provided per Section 26.470.070(5.1.a), then free-market housing does not need to meet mitigation requirements as long as the number of proposed free-market units does not exceed the number of existing free-market units. Existing Free -Market Housing on site = two (2) studios and one (1) one -bedroom. Proposed Affordable Housing on site = two (2) studios and one (1) two -bedroom. Proposed Free -Market Housing on site = one (1) unit (which is less than existing three (3) units) Free-market Replacement: Existing Free -Market Housing on site = two (2) studios and one (1) one -bedroom. Studio = 1.25 employees One -bedroom = 1.75 employees (2 x 1.25) + (1 x 1.75) = 4.25 employees required for Free -Market Replacement Summary of Existina and Proposed Housing on site: Free- Free- Free- Free - AHU AHU AHU Market Market Market Market Studio Studio 2-Bed Studio Studio 1-Bed 3-Bed Existing 0 0 0 305 NLA 315 NLA 672 NLA 0 Conditions Proposed 1,833 506 NLA 507 NLA 967 NLA 0 0 0 Development NLA Net Increase/ 201 SF 192 SF 295 SF Decrease Increase Increase Increase in Area Over Over Over - - - n/a Existing Existing Existing Percent Increase 65.90% 60.95% 43.90% - - - n/a in Area 420 East Hyman Avenue Overview & Land Use Sections GMQS Application Aspen, Colorado Page 3 of 15 February 15, 2012 (Rev 5/10/13) 0 C� 2. Commercial: For commercial net leasable space within basement or upper floors, the rates for calculation of employee generation shall be reduced by 25%. Existing FTE Proposed FTE Basement net leasable floor area: 1,739 sq. ft. 5.35 2,373 sq. ft. 7.30 Upper Level net leasable floor area: 311 sq. ft. 0.96 302 sq. ft. 0.93 2,050 sq. ft. 6.31 2,675 sq. ft. 8.23 (4.1) employees per 1,000 sq. ft. net leasable Basement & Upper Level 625 sq. ft. increase:.625 x 4.1 x .75 = 1.92 employees Or 8.23 - 6.31 = 1.92 employees Existing FTE Proposed FTE Main Level net leasable floor area: 1,560 sq. ft. 6.4 1,780 sq. ft. 7.30 Main Level 220 sq. ft. increase: 0.220 x 4.1 = 0.90 employees Or 7.30 - 6.4 = 0.90 employees 1.92 + 0.90 = 2.82 employees Required housing of 60% of employees = 1.7 employees required for commercial mitigation 3. Employees housed Per Section 26.470.100(A.6) of the Code, whenever affordable housing is provided on site in order to satisfy one (1) requirement, the some on -site affordable housing may also be used to satisfy any other affordable housing requirement concurrently. Therefore... The total number of employees to be housed is 4.25 for free-market replacement The proposed 2 bedroom AHU will house 2.25 employees. The two proposed studio AHU units will house 1.25 employees each, or 2.5 total. Affordable housing provided on site = 4.75 total employees. There is excess affordable housing of 4.75 - 4.25 = 0.5 units. Points are generated under this condition because the equivalent of 0.5 unit will be built above what is required. (0.5 / 4.25) / .01 = 11.76 Points Points for the Size of Affordable Housing Units. One (1) point shall be assigned for each one (7) percent by which proposed affordable housing units exceed the minimum square footage requirements of the Aspen/Pitkin County Housing Authority Guidelines. In no case shall cash -in -lieu be used to obtain points for this criterion. Response: Since the requirement per Section 26.470.070(5.1.a) is to replace the existing housing 1:1, points are calculated based on the size increase for the proposed units over the existing size of the equivalent units. 420 East Hyman Avenue Overview & Land Use Sections GMQS Application Aspen, Colorado Page 4 of 15 February 15, 2012 (Rev 5/10/13) 0 • Per the table above in Free Market Residential section of Affordable Housing Calculations, for the three replacement units there are increases of 65.90%, 60,95%, and 43.90%. The average percent increase in size for the units is 56.92%. Points are generated under this condition because the average percent increase in unit size is 56.92%. 0.5692 / .01 = 56.92 Points Minimum Threshold Requirement. Proposals with less than the minimum required affordable housing requirement, as requirement pursuant to this Chapter according to the particular type of development, shall receive a failing score for this criterion and shall be denied by the Community Development Director. The minimum requirement may be a combination of on - site units, off -site units, or cash -in -lieu thereof, as such methods are permitted by this Chapter. Response: In total, the proposed project meets all requirements for Workforce Housing mitigation and earns 11.76 + 56.92 = 68.68 points under Community Objectives Scoring Criterion # 1 -Workforce Housing. Community Objective Scoring Criterion #2 - Energy Conservation The community desires development that minimizes its impact on the natural environment and to maintain a leadership role in energy conservation and production strategies, efficient building techniques, and use of materials. The Community Development Director shall assign a score to each project for this objective based on following point schedule and the most recent version of the Leadership in Energy and Environmental Design (LEED) standards of the US Green Building Council: Points for LEED Certified projects. LEED Bronze level projects = 10 points. LEED Silver level projects = 20 points. LEED Gold level projects = 30 points. LEED Platinum level projects = 50 points. In order for proposals to obtain points for this condition, an applicant must demonstrate credible progress towards certification as determined sufficient by the Community Development Director. It shall not be considered sufficient to merely state a certification level without evidence supporting progress towards actual certification by the US Green Building Council. In no event shall a project be relieved of the adopted energy efficiency requirements of the City of Aspen that are applicable to all development projects. Response: The applicant will follow the applicable energy efficiency requirements of the City of Aspen, but does not intend to have the building LEED certified. Therefore, this application will not receive any points under this condition. Community Objective Scoring Criterion #3 - Small Lodges Response: This condition applies only to development proposals involving lodging. Therefore, this criterion is not applicable and no points are possible hereunder. 420 East Hyman Avenue Overview & Land Use Sections GMQS Application Aspen, Colorado Page 5 of 15 February 15, 2012 (Rev 5/ 10/ 13) I] i In summary, the proposed commercial development project meets all applicable Code requirements and also earns (68.68) points in the Community Objectives Scoring. 2. General Requirements, Section 26.470.050(8) Pursuant to Section 26.470.050(B) of the Code, all development applications for growth management review must comply with the following generally applicable criteria and the review criteria applicable to the specific type of development (the generally applicable criteria are provided below in indented and italicized text with each followed by a response demonstrating consistency and/or compliance therewith, as applicable): 1. Sufficient growth management allotments are available to accommodate the proposed development, pursuant to Section 26.470.030.D. Applications for Multi -Year Development Allotment, pursuant to 26,470.090. 1, shall not be required to meet this standard. Response: The annual commercial growth management allotment available for commercial space is 33,300 net leasable square feet. This application is seeking 1,000 square feet for the additional commercial space. A multi -year allotment is not requested or required. 2. The proposed development is compatible with land uses in the surrounding area, as well as with any applicable adopted regulatory master plan. Response: The proposed development of a three-story mixed -use building is compatible with land uses in the surrounding area. Almost every property in the immediate vicinity is comprised of either commercial or mixed -use buildings. The City has adopted no applicable regulatory master plan. 3. The development conforms to the requirements and limitations of the zone district. Response: The proposed development is completely consistent with the requirements and limitations of the underlying Commercial Core (CC) Zone District (see Exhibit 3). 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. Response: The proposed development is fully consistent with the Conceptual Commercial Design Review approvals granted by the HPC (see Exhibits 10 and 11). 5. Unless otherwise specified in this Chapter, sixty (60) percent of the employees generated by the additional commercial or lodge development, according Section 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 Section 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 26.540.090 Criteria for Extinguishment of the Certificate. 420 East Hyman Avenue Overview & Land Use Sections GMQS Application Aspen, Colorado Page 6 of 15 February 15, 2012 (Rev 5/10/13) Response: As explained above in response to the Community Objective Scoring Criteria, the applicant will be constructing on -site affordable housing for this requirement. 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 (30) percent 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 Section 26.470.070.4, Affordable Housing, and be restricted to 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 26.540.090 Criteria for Extinguishment of the Certificate, utilizing the calculations in Section 26,470.100 Employee/Square Footage Conversion. Response: As explained above in response to the Community Objective Scoring Criteria, the applicant will be constructing on -site affordable housing for this requirement. 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. Response: The project site benefits from readily available, existing infrastructure. The existing structure is served with City water and electric, ACSD sewer facilities, and existing communication utilities. Being centrally located in the Commercial Core (CC) zone, police, emergency and fire protection services as well as parking, road and transit services are all readily available. Storm water will be handled according to current City regulations, resulting in less discharge than is now the case. 3. Affordable Housing. Section 26.470.070(4) and Chapter 26.540 The development of affordable housing deed restricted in accordance with the APCHA Guidelines requires review and approval by the Planning and Zoning Commission based on the criteria below. Each criterion is provided in indented and italicized text, and each is followed by a response demonstrating consistency and/or compliance therewith, as applicable 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. Response: As explained above in response to the Community Objective Scoring Criteria, the applicant will be constructing on -site affordable housing for this requirement. 420 East Hyman Avenue Overview & Land Use Sections GMQS Application Aspen, Colorado Page 7 of 15 February 15, 2012 (Rev 5/10/13) 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 of Aspen city limits. Units outside the city limits maybe accepted as mitigation by the City Council, pursuant to 26.470.090.2. If the mitigation requirement is less than one 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 or more units, a cash -in -lieu payment shall require City Council approval, pursuant to Section 26.470.090.3. A Certificate of Affordable Housing Credit may be used to satisfy mitigation requirements by approval of the Community Development Director, pursuant to Chapter Section 26.540.080 Extinguishment of the Certificate. Required affordable housing may be provided through a mix of these methods. c) Each unit provided shall be designed such that the finished floor level of fifty (50) percent or more of the unit's Net Livable Area is at or above Natural or Finished Grade whichever is higher. This dimensional requirement may be varied through Special Review, pursuant to Chapter 26.430. 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 of Aspen 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 non-profit 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 -governmental agency shall not be subject to this mandatory "for sale" provision. Response: As explained above in response to the Community Objective Scoring Criteria, the applicant will be constructing above -grade, on -site affordable housing for this requirement. e) Non -Mitigation Affordable Housing. Affordable housing units that are not required for mitigation, but meet the requirements of Section 26.470.070.4(0-d). The owner of such non -mitigation affordable housing is eligible to receive a Certificate of Affordable Housing Credit pursuant to Chapter 26.540, Response: This condition is not applicable. 420 East Hyman Avenue Overview & Land Use Sections GMQS Application Aspen, Colorado Page 8 of 15 February 15, 2012 (Rev 5/10/13) 0 • 4. Demolition or redevelopment of multi -family housing, Section 26.470.070(5) The City's neighborhoods have traditionally been comprised of a mix of housing types, including those affordable by its working residents. However, because of Aspen's attractiveness as a resort environment and because of the physical constraints of the upper Roaring Fork Valley, there is constant pressure for the redevelopment of dwellings currently providing resident housing for tourist and second -home use. Such redevelopment results in the displacement of individuals and families who are an integral part of the Aspen work force. Given the extremely high cost of and demand for market -rate housing, resident housing opportunities for displaced working residents, which are now minimal, will continue to decrease. Preservation of the housing inventory and provision of dispersed housing opportunities in Aspen have been long-standing planning goals of the community. Achievement of these goals will serve to promote a socially and economically balanced community, limit the number of individuals who face a long and sometimes dangerous commute on State Highway 82, reduce the air pollution effects of commuting and prevent exclusion of working residents from the City's neighborhoods. The Aspen Area Community Plan established a goal that affordable housing for working residents be provided by both the public and private sectors. The City and the Aspen/Pitkin County Housing Authority have provided affordable housing both within and adjacent to the City limits. The private sector has also provided affordable housing. Nevertheless, as a result of the replacement of resident housing with second homes and tourist accommodations and the steady increase in the size of the workforce required to assure the continued viability of Aspen area businesses and the City's tourist -based economy, the City has found it necessary, in concert with other regulations, to adopt limitations on the combining, demolition or conversion of existing multi -family housing in order to minimize the displacement of working residents, to ensure that the private sector maintains its role in the provision of resident housing and to prevent a housing shortfall from occurring. The combining, demolition, conversion or redevelopment of multi -family housing shall be approved, approved with conditions or denied by the Planning and Zoning Commission based on compliance with the following requirements (see definition of demolition.): Requirements for combining, demolishing, converting or redeveloping free-market multi- family housing units: Only one (1) of the following two (2) options is required to be met when combining, demolishing, converting or redeveloping a free-market multi -family residential property. To ensure the continued vitality of the community and a critical mass of local working residents, no net loss of density (total number of units) between the existing development and proposed development shall be allowed. a. One -hundred -percent replacement. In the event of the demolition of free-market multi- family housing, the applicant shall have the option to construct replacement housing consisting of no less than one hundred percent (1009%) of the number of units, bedrooms and net livable area demolished. The replacement units shall be deed -restricted as resident occupied affordable housing, pursuant to the Guidelines of the Aspen/Pitkin County Housing Authority. An applicant may choose to provide mitigation units at a lower category designation. Each replacement unit shall be approved pursuant to Subsection 4, Affordable housing, of this Section. When this one -hundred -percent standard is accomplished, the remaining development on the site may be free-market residential development with no additional affordable 420 East Hyman Avenue Overview & Land Use Sections GMQS Application Aspen, Colorado Page 9 of 15 February 15, 2012 (Rev 5/10/13) housing mitigation required as long as there is no increase in the number of free-market residential units on the parcel. Free-market units in excess of the total number originally on the parcel shall be reviewed pursuant to Paragraph 26.470.070.3, Expansion of free- market residential units within a multi -family or mixed -use development. Response: The existing development includes two (2) free-market studio units of 305 NLSF and 315 NLSF each, and one (1) free market one -bedroom unit of 672 NLSF. The proposed development will include two (2) affordable housing - category 4 - studio units of 506 NLSF and 507 NLSF each and one (1) affordable housing - category 4 - two - bedroom unit of 967 NLSF. This is also outlined above in the response to the Community Objective Scoring Criteria The proposed development will also have one (1) three -bedroom free-market unit of 1,874 NLSF. b. Fifty -percent replacement. In the event of the demolition of free-market multi -family housing and replacement of less than one hundred percent (10056) of the number of previous units, bedrooms or net livable area as described above, the applicant shall be required to construct affordable housing consisting of no less than fifty percent (5051o) of the number of units, bedrooms and the net livable area demolished. The replacement units shall be deed -restricted as Category 4 housing, pursuant to the guidelines of the Aspen/Pitkin County Housing Authority. An applicant may choose to provide mitigation units at a lower category designation. Each replacement unit shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing. When this fifty -percent standard is accomplished, the remaining development on the site may be free-market residential development as long as additional affordable housing mitigation is provided pursuant to Paragraph 26.470.070.3, Expansion of free-market residential units within a multi -family or mixed -use project, and there is no increase in the number of free-market residential units on the parcel. Free-market units in excess of the total number originally on the parcel shall be reviewed pursuant to Paragraph 26.470.080.2, New free-market residential units within a multi -family or mixed -use project. Response: This condition is not applicable. c. One -hundred percent affordable housing replacement. When one -hundred -percent of the free-market multi -family housing units are demolished and are solely replaced with deed -restricted affordable housing units on a site that are not required for mitigation purposes, including any net additional dwelling units, pursuant to Section 26.470.070.4, Affordable Housing; all of the units in the redevelopment are eligible for a Certificate of Affordable Housing Credit, pursuant to Section 26.540 Certificate of Affordable Housing Credit. Any remaining unused free market residential development rights shall be vacated. Response: This condition is not applicable. 2. Requirements for demolishing affordable multi -family housing units: In the event a project proposes to demolish or replace existing deed -restricted affordable housing units, the redevelopment may increase or decrease the number of units, bedrooms or net livable area such that there is no decrease in the total number of employees housed by the existing units. The overall number of replacement units, unit sizes, bedrooms and category of the units shall 420 East Hyman Avenue Overview & Land Use Sections GMQS Application Aspen, Colorado Page 10 of 15 February 15, 2012 (Rev 5/10/13) be reviewed by the Aspen/Pifkin County Housing Authority and a recommendation forwarded to the Planning and Zoning Commission. Response: This condition is not applicable. 3. Fractional unit requirement. When the affordable housing replacement requirement of this Section involves a fraction of a unit, cash -in -lieu may be provided only upon the review and approval of the City Council, to meet the fractional requirement only, pursuant to Paragraph 26,470,090.3, Provision of required affordable housing via a cash -in -lieu payment. Response: This condition is not applicable. 4. Location requirement. Multi -family replacement units, both free-market and affordable, shall be developed on the some site on which demolition has occurred, unless the owner shall demonstrate and the Planning and Zoning Commission determines that replacement of the units on site would be in conflict with the parcel's zoning or would be an inappropriate solution due to the site's physical constraints. When either of the above circumstances result, the owner shall replace the maximum number of units on site which the Planning and Zoning Commission determines that the site can accommodate and may replace the remaining units off site, at a location determined acceptable to the Planning and Zoning Commission. A recommendation from the Aspen/Pifkin County Housing Authority shall be considered for this standard. Response: The proposed affordable housing units and free-market housing unit are to be developed on the same site as the existing building with housing units. 5. Timing requirement. Any replacement units required to be deed -restricted as affordable housing shall be issued a certificate of occupancy, according to the Building Department, and be available for occupancy at the some time as, or prior to, any redeveloped free- market units, regardless of whether the replacement units are built on site or off site. Response: The proposed affordable housing units will be available for occupancy at the some time or before the free-market housing unit. 6. Redevelopment agreement. The applicant and the City shall enter into a redevelopment agreement that specifies the manner in which the applicant shall adhere to the approvals granted pursuant to this Section and penalties for noncompliance. The agreement shall be recorded before an application for a demolition permit may be accepted by the City. Response: The Applicant may enter into such an agreement when both the Applicant and the City agree prior to issuance of a demolition permit. 7. Growth management allotments. The existing number of free-market residential units, prior to demolition, may be replaced exempt from growth management, provided that the units conform to the provisions of this Section. The redevelopment credits shall not be transferable separate from the property unless permitted as described above in Subparagraph d, Location requirement. Response: The proposed development includes one (1) free-market unit, whereas the existing development includes three (3) free-market units. The proposed free-market unit shall be exempt from growth management per Section 26.470.070(5.l .a). 420 East Hyman Avenue Overview & Land Use Sections GMQS Application Aspen, Colorado Page 11 of 15 February 15, 2012 (Rev 5/10/13) r 8. Exemptions. The Community Development Director shall exempt from the procedures and requirements of this Section the following types of development involving Multi -Family Housing Units. An exemption from these replacement requirements shall not exempt a development from compliance with any other provisions of this Title: a. The replacement of Multi -Family Housing Units after non -willful demolition such as a flood, fire, or other natural catastrophe, civil commotion, or similar event not purposefully caused by the land owner. The Community Development Director may require documentation be provided by the landowner to confirm the damage to the building was in -fact non -willful. To be exempted, the replacement development shall be an exact replacement of the previous number of units, bedrooms, and square footage and in the some configuration. The Community Development Director may approve exceptions to this exact replacement requirement to accommodate changes necessary to meet current building codes; improve accessibility,- to conform to zoning, design standards, or other regulatory requirements of the City,• or, to provide other architectural or site planning improvements that have no substantial effect on the use or program of the development. (Also see Chapter 26.312 - Nonconformities.) Substantive changes to the development shall not be exempted from this Section and shall be reviewed as a willful change pursuant to the procedures and requirements of this Section. Response: This condition is not applicable. b. The demolition of Multi -Family Housing Units by order of a public agency including, but not limited to, the City of Aspen for reasons of preserving the life, health, safety, or general welfare of the public. Response: This condition is not applicable. c. The demolition, combining, conversion, replacement, or redevelopment of Multi -Family Housing Units which have been used exclusively as tourist accommodations or by non- working residents. The Community Development Director may require occupancy records, leases, affidavits, or other documentation to the satisfaction of the Director to demonstrate that the unit(s) has never housed a working resident. All other requirements of this Title shall still apply including zoning, growth management, and building codes.) Response: This condition is not applicable. d. The demolition, combining, conversion, replacement, or redevelopment of Multi -Family Housing Units which were illegally created (also known as "Bandit Units"). Any improvements associated with Bandit Units shall be required to conform to current requirements of this Title including zoning, growth management, and building codes. Replaced or redeveloped Bandit Units shall be deed restricted as Resident Occupied affordable housing, pursuant to the Guidelines of the Aspen/Pitkin County Housing Authority Response: This condition is not applicable. 420 East Hyman Avenue Overview & Land Use Sections GMQS Application Aspen, Colorado Page 12 of 15 February 15, 2012 (Rev 5/10/13) e. Any development action involving demising walls or floors/ceilings necessary for the normal upkeep, maintenance, or remodeling of adjacent Multi -Family Housing Units. Response: This condition is not applicable. A change order to an issued and active building permit that proposes to exceed the limitations of remodeling/demolition to rebuild portions of a structure which, in the opinion of the Community Development Director, should be rebuilt for structural, safety, accessibility, or significant energy efficiency reasons first realized during construction, which were not known and could not have been reasonably predicted prior to construction, and which cause no or minimal changes to the exterior dimensions and character of the building. Response: This condition is not applicable. 5. Expansion or New Commercial Development, Section 26.470.0800) Section 26.470.080(1) of the Code explains that the expansion of an existing commercial building is to be reviewed and approved by the Planning and Zoning Commission based on the General Requirements outlined in Section 26.470.050 of the Code. The proposal's consistency with the General Requirements of Section 26.470.050(B) has been fully addressed above. 6. Off -Street Parking. Section 26.515.030 C. Off-street parking calculation. All requirements for off-street parking for residential dwellings and lodges shall be calculated based on the number of units. Requirements for off-street parking for commercial uses shall be calculated based on the net leasable area of the structure or use. Required Number of Off -Street Parking Spaces in the Aspen Infill Area, CC Zone District Commercial: (1 space per 1,000 sq. ft. new net leasable) 845 sq. ft./1,000 sq. ft. = 0.845 spaces Residential/Multi-Family within a mixed use building: (No requirement in the CC Zone District) Response: Two (2) off-street parking spaces are provided at the alley in this application. One (1) off-street parking space already exists at the alley. An existing deficiency of parking may be maintained when a property is redeveloped. 420 East Hyman Avenue Overview & Land Use Sections GMQS Application Aspen, Colorado Page 13 of 15 February 15, 2012 (Rev 5/10/13) D. Following is an explanation of how the proposed development complies with the Subdivision Guidelines: 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 regulatory master plan. Response: The proposed subdivision will have a commercial/ residential mix that is compatible with the surrounding uses in the Commercial Core. It will be in scale with the adjacent buildings in terms of density, height and bulk. The architecture will be a more contemporary interpretation of the generally Victorian vernacular in the downtown area. The landscaping will consist primarily of plants in surface containers that are compatible with the streetscape. Open space will be handled with off -site public amenities. 2. The proposed subdivision shall be consistent with the character of existing land uses in the area. Response: The proposed subdivision will be consistent with the commercial/residential land uses in the Commercial Core. 3. The proposed subdivision shall not adversely affect the future development of surrounding areas. Response: The proposed subdivision will not adversely affect the future development in this area since the proposed uses are compatible with the existing uses. 4. The proposed subdivision shall be in compliance with all applicable requirements of this title. Response: The proposed subdivision will be in compliance with all applicable requirements of this title. 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, mud flow, 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. Response: The proposed subdivision is located in the Commercial Core of Aspen, which is not subject to the natural hazards set forth above and will not create any conditions that will be harmful to the residents of the proposed condom inimization. 2. Spatial pattern efficiency. 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. 420 East Hyman Avenue Overview & Land Use Sections GMQS Application Aspen, Colorado Page 14 of 15 February 15, 2012 (Rev 5/ 10/ 13) C� • Response: The proposed subdivision is in the Commercial Core of Aspen, which already has all of the public facilities and infrastructure in place. Therefore, it will not cause any inefficiencies, duplication or premature extensions which will cause unnecessary public costs. C. Improvements. The improvements set forth in 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 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. Response: The standards set forth in Chapter 26.580 are irrelevant to this subdivision application. 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing recommendations by professional engineers as necessary. Response: No variations will be requested since the standards set forth in Chapter 26.580 are irrelevant to this subdivision application. D. Affordable Housing. A subdivision which is comprised of replacement dwelling units shall be required of provide affordable housing in compliance with the requirements of Section 26.470.070.5, Demolition or replacement 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 26.620, Growth Management Quota System. Response: The proposed development will consist of replacing 3 existing free-market housing units with 3 affordable housing units and adding 1 free-market unit as outlined in the GMQS Community Scoring Criteria in another section of this application. E. School land dedication. Compliance with the School land dedication standards set forth at Chapter 26.620. Response: A cash -in -lieu payment will be made by the applicant to the City of Aspen upon notification of the correct amount. F. Growth management approval. Subdivision approval may only be granted to applications for which all growth management development allocations 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. Response: Applicant is hereby applying for growth management approval to utilize growth allotments. 420 East Hyman Avenue Overview & Land Use Sections GMQS Application Aspen, Colorado Page 15 of 15 February 15, 2012 (Rev 5/10/13) • 0 EXHIBIT 3 Project: Applicant: Location: Zone District: Lot Size: Lot Area: ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM C (foie 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: 2& Proposed: rj Number of residential units: Existing. IS hpposed: Number of bedrooms: Existing:!_Proposed: 4AH FH Proposed % of demolition (Historic properties only):_ DIMENSIONS: floor Area: Existing. ✓2 41loit,able: Proposed:--Tio Principal bldg. height: Existing: !2► Allowable: 71.4. 1 Proposed:_ DQ Access. bldg. height: Existing:Allowable: NA Proposed._IVA_ On -Site parking: Existing: r Required: 4, Proposed: �. - % Site coverage: Existing: 5_g ► 2�Required: Q Proposed: ° n % Open Space: Existing:. 46, �'° Requh•ed: 0 Proposed: :er Front Setback: • Existing: Required: © Proposed: Rear Setback: Existing: C) Required: Proposed.• Combined F/R: Existing: 6 Required: Proposed: ' 0 Side Setback: Existing: _Required: Proposed: 0 LV f-63 �i`1 Side Setback: Existing:__Required: 0' Proposed: Q Combined Sides: Existing: 4 Required: O � Propose&_�2LS VV Distance Between Existing �VA Regriired:__,6slA�_Pi-oposect._,&(A Buildings Existing non -conformities or encroachments: Variations requested:—)_0NF. Te EXH BIT 14 f u' nr r • ur ZQALE ' ® 1} .. � � •i �� � / is rr I r F , rrr IL ` ' � �• ' I � ur // 1 .arr / i•'i � Vi //-Y, BASEMENT •1ST FLOORI • 2-ND FLOOR 30'-1 21 /256'' ----------- - - -- --- PARKING & TRASH/SERVICE AREA DUMBWAITER DUMBWAITER I REAR VESTIBULE EGRESS STAIR #2 O,I ELEVATOR (3'I ELEVATC I UP COMMERCIAL RESTAURANT = EGRESS STAIR; EGRESS STAIR #1 EGRESS STAIR #1 T 3 MAIN LEVEL FLOOR PLAN 30'-i 21/256" 30'-1 21/256" - - ----- - ---- 4101 ALLEY PROPERTY LINE MECHANICAL xF ROOM DE( EGRESS STAIR #2 H , / Z A ADJACENT p BUILDING/ o, 2 LOWER LEVEL FLOOR PLAN - --A U W N O� A U - Q � W U m �F� H IL = Z o Z U Z 0- a )JACENT Q U uj JILDING O c/) z Wr J N W O T b i U Z W r Q Qo �� -- co Q PROPERTY LINE W uj W SIDE WALK O o co � HYMAN AVENUE MALL 1 SITE / LANDSCAPE / PARKING PLAN ,/16" = 1'-0" 05/10/13 • 30'-1 21/256" i RE5IDENTIAL ROOFTOP MEOH. AREA GREEN I DECK ROOF BELOW 3 ROOF PLAN 1 /16" = 1'-0" 1/ 30'-1 21/256" y AH U #3 - 2-BEDROO UPPER 0 0 0 FREE -MARK UNIT #1 FMU UPPER D i� ELEVATED GREEN ROOF 2 THIRD LEVEL FLOOR PLAN 1/16" = V-0" AH U #1 - STU [ AHU #3 2-BEDROOP LOWER BALCONY ELEVATOI STAIR LOBE EGRESS STA / 30'-121/256" 1 SECOND LEVEL FLOOR PLAN 1 116" = 1'-0" 0� C/) U W I ~ U ¢ E W ° LL � z U o IU'I#2 - STUDIO 0 W :OMMERCIAL U z FREE-MARKET UNIT #1 = W 05/10/13 LU QCD Q00 <O } U =Z W W d o U) HN • 0 0 ROOF LEVEL 0_ THIRD LEVEL 127'-0" SECOND LEVEL 115'-6" 00 0� U Lli ci N E o 0 W U rn C_ Z 0 Z" W a � U U) a W J N W Q � U I II i Q 0 2 2� W LL1 w a O Q WEST ELEVATION 1 J8 = ._Q„ 05/10/13 ROOF LEVEL 135'-O"- �- - - THIRD LEVEL - SEGOND LEVEL 115'-6" MAIN LEVEL _&__ 100'-0" 2 NORTH ELEVATION 1,8" _ ,'-0„ 05/10/13 COMMON NON -UNIT AREA DESCRIPTION FAR DESCRIPTION FAR TOTAL BUILDING 100.00% TOTAL COMMON 100.00% FAR* 9481 SF NON -UNIT AREA 461 SF COMMERCIAL 55.78% APPORTIONED TO 55.78% FAR 5288 SF COMMERCIAL 257.15 SF AFFORDABLE 22.79% APPORTIONED TO 22.79% HOUSING FAR 2161 SF AFFORDABLE HOUSING 105.06 SF FREE-MARKET 21.43% APPORTIONED TO 21.43% HOUSING FAR 2032 SF FREE-MARKET HOUSING 98 79 SF *WITHOUT COMMON NON -UNIT AREA AND DECKS DECK AREA GROSS AREA EXEMPT AREA FAR BASEMENT 0 GSF 0 GSF 0 SF MAIN LEVEL COMMON NON -UNIT DECK 143 GSF 143 GSF 0 SF SECOND LEVEL COMMON NON -UNIT DECK 227 GSF FREE-MARKET DECK 76 GSF THIRD LEVEL COMMON NON -UNIT DECK 0 GSF FREE-MARKET DECK 308 GSF FREE-MARKET DECK CALCULATION 76 SF + 308 SF + 79.29 SF = 463.29 SF ACTUAL COMMON NON -UNIT DECK CALCULATION 370 SF * 55.78% = 206.39 SF TO COMMERCIAL 370 SF * 22.79% = 84.32 SF TO AFFORDABLE 370 SF * 21.43% = 79.29 SF TO FREE-MARKET ALLOWABLE FAR: 15% OF ALLOWABLE OR 1241 SF TOTAL ALLOWABLE COMMERCIAL: 903 SF ALLOWABLE AFFORDABLE: 320 SF ALLOWABLE FREE-MARKET: 338 SF ZONING ANALYSIS FAR TABULATIONS: AFFORDABLE HOUSING AREA FREE-MARKET HOUSING AREA COMMERCIAL AREA GROSS AREA EXEMPT AREA FAR GROSS AREA EXEMPT AREA FAR GROSS AREA EXEMPT AREA FAR BASEMENT 0 GSF 0 GSF 0 SF MAIN LEVEL 0 GSF 0 GSF 0 SF SECOND LEVEL 1558 GSF 0 GSF 1558 SF THIRD LEVEL 657 GSF 54 GSF 603 SF AFFORDABLE HOUSING DECK 84.32 SF 320 GSF 0 SF COMMON NON -UNIT AREA APPORTIONED TO AFFORDABLE HOUSING 105.06 SF TOTAL PROPOSED AFFORDABLE FAR 2266.06 SF ALLOWABLE FAR: NO LIMIT ZONE DISTRICT: COMMERCIAL CORE (CC) LOT SIZE 3009 SF TOTAL ALLOWABLE FAR 2.75:1 8275 SF ALLOWABLE COMMERCIAL FAR 2:1 6018 SF ALLOWABLE AFFORDABLE HOUSING FAR NO LIMIT ALLOWABLE FREE MARKET HOUSING FAR .75:1* 2257 SF *IF MATCHED WITH AHU ON -SITE ALLOWABLE DECK, LOGGIA, ETC. AREAS 15% 1241 SF ALLOWABLE CARPORT AREA 250 SF X 4 = 1000 SF (250 SF ALLOWABLE PER DWELLING UNIT) BASEMENT BASEMENT 0 GSF 0 GSF 0 SF 3000 GSF 3000 GSF 0 SF MAIN LEVEL MAIN LEVEL 0 GSF 0 GSF 0 SF 1984 GSF 15 GSF 1969 SF SECOND LEVEL SECOND LEVEL www m 501 GSF 0 GSF 501 SF 319 GSF 0 GSF 319 SF THIRD LEVEL 1630 GSF 99 GSF 1531 SF FREE-MARKET DECK 463.29 SF 338 GSF 125.29 SF COMMON NON -UNIT AREA APPORTIONED TO FREE-MARKET HOUSING 98.79 SF TOTAL PROPOSED FREE-MARKET FAR 2256.08 SF ALLOWABLE FAR: 2257 SF AND NOT TO EXCEED AFFORDABLE HOUSING FAR THIRD LEVEL 0 GSF 0 GSF 0 SF COMMERCIAL DECK 206.39 SF 903 GSF 0 SF COMMON NON -UNIT AREA APPORTIONED TO COMMERCIAL 257.15 SF TOTAL PROPOSED COMMERCIAL FAR 2545.15 SF ALLOWABLE FAR: 6018 SF U) H U LU H 2 U Q W LL LL Z Z U 07 W J Q 2 U PROPOSED FAR SUMMARY AREA DESCRIPTION FAR BASEMENT 3000 GSF TOTAL BASEMENT WALL AREA 2600 SF Z Q EXPOSED WALL AREA 0 SF PERCENT EXPOSED TO APPLY TO FAR 0% = co z 0 CONTRIBUTION TO FAR 0 SF MAIN LEVEL Uj =z Wo 0- 2780 GSF DEDUCTIONS FOR DUMBWAITER 15 SF DEDUCTIONS FOR CARPORT 543 SF DECKS 0 SF CONTRIBUTION TO FAR 2022 SF SECOND LEVEL 2647 GSF DEDUCTIONS FOR ELEVATOR 61 SF DECKS 0 SF DRAWING' CONTRIBUTION TO FAR 2586 SF ------ ISSUE: DA— THIRD LEVEL - - - - -.--- 2287 GSF - - - - - - -- DEDUCTIONS FOR STAIRS 153 SF Oe 12" DECKS 125.29 SF CONTRIBUTION TO FAR 2259.29 SF SHEET No ~O.2 FAR ITOTALPROPOSEDFAR 7067.29 SF ALLOWABLE FAR: 8275 SF i�i-DO ►SMSS ♦Wv0- MUINN. 0 0 Date: February 22, 2013 C� THE CITY of ASPEN Land Use Application Determination of Completeness 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 0014.2013.ASLU — 420 E. Hyman Ave, GMQS. The planner assigned to this case is not assigned. Your Land Use Application is incomplete: Proof of Ownership. In the form of a current title certificate or attorney licensed in Colorado listing owners and all mortgages, liens etc. affecting the property. 2) Stamped site survey by a Colorado licensed surveyor. 3) Written responses with review standards in Section 26.470.070 5, Demolition or redevelopment of multi -family housing. 4) Scaled, measurable plans with clearer net leasable, net livable, non -unit space and floor area calculations for existing and proposed development. 5) Updated calculations for new, expanded net leasable. Updated calculations for existing and proposed net livable. The calculations are incorrect. 6) Updated responses to the Community Objective Scoring Criteria. The scoring is incorrect and we cannot score the application with what was submitted. There were a lot of review criteria that were included and not necessary for this application. I would suggest setting up a time to meet to go over how to submit an amended application. Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank You Jennifer I h lan, Deputy Director City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New SPA New PUD Yes No Subdivision, SPA, or PUD (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing_______—_ Yes x No Commercial___, E.P.F. pb11� -413 ATTACHMENT 2-LAND USE APPLICATION PRO.WC'T' ASW EXHIBIT 2 RECEIVED Name: L% / 6il1v M 1 L L eFFYOF ASPEN Location: "f 'i. -W/W -V . 41C— --/ Ck a COMMUNITY I)FvEi02M;:N1 Indicate street address, lot & block number, legal des4i tion where appropriate) Parcel ID # (REQUIRED)(� ( (" �} - - / 7 -62 UVi�.1 S., / J" APPLICANT: Name: I'/ D /_JM '•' Address: >6 i'r`� Phone #: 0 / / REPRESENTATIVE: Name: C, �i ?.L.F: C0A)A)I fHE,f'�' .,L,t'f � C//Y 7/` Address:a �Lj ; ► "r�/4�/x+l�,f Phone #: 56 E. le) TYPE OF APPLICATION: (please clieck all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment ❑ Special Review. ❑ Subdivision ❑ Conceptual SPA ❑ ESA - 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment ❑ Other: . ❑ Conditional Use EXISTING CONDITIONS: (descriptirni of existing buildings, uses, previous approvals, etc.) 7-0 PROPOSAL: (description of proposed buildings, uses,.modificaptions, etc.) �Jolvw-T�/�'' lal -l0AJ ar: %! �l y � r-%m%Jk?bt' AIV Have you attached the following? FEES DUE: $ Pre -Application Conference Summary Attachment # 1, Signed Fee Agreement Response to Attachment #3, Dimensional Requirements Form Response to Attaclunent #4, Submittal Requirements- Including Written Responses to Review Standards ❑ 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric'copy of all written text (Microsoft Word Forniat) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your prc-application conference summary will indicate if you must submit a 3-D model. • • EXHIBIT 3 ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: /�tJVI�C.I= CcS�ld.t)/-l/n//Ui�1 Applicant: '.TZ Location: (� %' •t� C e � J. " � 3� '� . c�� t '�(2VAP'j'l__".A -5/�, E / 7e) W1\J4 Zone District: CC., Lot Size: C") I X fit' ' 4" Lot Area: (for 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: SA,9,ee Proposed: 4,55 5. Number of residential units: Existing: 'y roposed: 21, _ Number of bedrooms: Existing: Proposes: r •.- -VAHu Proposed % of demolition (Historic properties only): DIMENSIONS: G�j{�/(�p�J .� Q 1w1 a Floor Area: Existing.- +q-' Allowable: Proposed: -7 1q4 J Principal bldg. height: Existing: �1�,- Allo►vable: .4�? r Peoposed:_ �►_ Access. bldg. height: Existing: _AZt4_Allo►vable: IVA Proposed: On -Site parking: Existing: Regutired. ► _Pwposed: % Site coverage: Existing: Required. Proposed: 'a, t'o ° %Open Space: Existing 6,`�'" Required: 'J Proposed.• �%f'A-0a Front Setback: • Existing: n- Required: l"} Proposed: 0 Rear Setback: Existing: t Required: iO Proposed: Q Combined F/R: Existing: 6 Required: Proposed: � WP. f Side Setback: Existing: Required: O Proposed:�4 W Side Setback: Existing: O Required: 0 Proposed: O ' Combined Sides: Existing: ' Required: C3 Proposed: 0 " . Distance Between Existing Regt&-ed: 1A0A- Proposed. /<fA Buildings Existing non -conformities or encroachments: wran,i Variations requested: /\.VV0 F_ , _ RECEIVED EXHIBIT 4 CITY OF ASPEN FEB 1 5 2013 GENERAL SUMMARY CITY OF ASPEN PLANNER: Sara Adams, 429-2778 COMMUNITY DEVELOPMENT DATE: 2.29.12 PROJECT: 420 E. Hyman Street REPRESENTATIVE: Charles Cunniffe and Scott Smith of Charles Cunniffe Architects, 925-5590 DESCRIPTION: The potential applicant is interested in a scrape and replace project at 420 East Hyman Street on the Hyman Pedestrian Mall. The property is located within the Commercial Core Historic District and is not a local landmark. The Historic Preservation Commission has purview over the design of the project due to its location within the District. The existing mixed use building is 3 stories above grade and includes basement commercial space. The number of parking spaces currently onsite that meet City dimensional requirements (8'/z ft. x 18 ft.) is unknown. The potential applicant is interested in developing a three story above grade building with a basement that generally comprises the following: commercial use on the basement and I" level, affordable housing on the 2nd level and free market residential on the 3`d level. The project requires Commercial Design Review (a two step process) by the Historic Preservation Commission in addition to Demolition Review and Major Development Review within a Historic District. Public amenity space and trash and utility requirements are included in Commercial Design Review. The provision of Public Amenity may be provided off -site or on -site as described in Section 26.575.030.C. Parking is required (although an existing deficit may be maintained) and may be mitigated through a cash in lieu payment of $30,000/space. There is no parking requirement for free market residential or affordable housing. Parking spaces are required for net leasable space at 1 space/ 1,000 sq. ft. of net leasable. An existing "credit" for legally established net leasable area and net livable area needs to be calculated pursuant to the Land Use Code (Section 263575.020.1 and J) and verified by the Zoning Officer. Any additional net leasable area or net livable area over the existing calculation requires growth management mitigation pursuant to Chapter 26.470. There are many different levels of growth management review that are triggered by the type and extent of the project. For example, an application for the development of new free market units within a mixed use project may only be submitted on February 15 or August 15 and require prior approval of Conceptual Commercial Design and Conceptual Major Development review by the HPC. It is strongly recommended that the applicant verify the type of growth management review required after actual existing calculations and a proposal are determined The Planning and Zoning Commission (P&Z) conducts Growth Management review. A mixed use building requires subdivision approval by City Council based on a recommendation from the Planning and Zoning Commission. After Subdivision review the project is subject to Final Commercial Design and Final Major Development at HPC. The review process would be as follows ( all steps require public hearings): Step 1: HPC for Conceptual Commercial Design Review (including Public amenity and Trash/utlity area), Conceptual Major Development Review for a project within a historic district, and Demolition for a project within a historic district. Step 2: P&Z for Growth Management Review and recommendation of Subdivision to City Council. Step 3: City Council for Subdivision Review. Step 4: HPC for Final Commercial Design Review and Final Major Development Review for a project within a historic district. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.412 Commercial Design Review 26.415.070.D Certificate of appropriateness for major development 26.415.080 Demolition of designated historic properties. 26.470 Growth Management Quota System (GMQS) 26.480 Subdivision 26.515 Off-street Parking 26.575.020 Calculations and Measurements 26.575.030 Public amenity 26.575.060 Utility/trash/recycle service areas 26.610 Impact fees 26.620 School Land Dedication 26.710.140 Commercial Core (CC) Zone District A link to the Land Use Code is here: http://www.aspenpitkin.com/Departments/Community-DevelopmenVPlanning- and-Zoning/Title-26-Land-Use-Code/ A link to the Commercial, Lodging and Historic District Design Objectives and Guideline is here: http•//www aspenpitkin com/Departments/Community-DevelopmenUPIanning-and-Zoning/Current-Planning/ A link to the Land Use Application is here: http://www.aspenpitkin.com/Departments/Community- Development/Planning-and-Zoning/Applications-and-Fees/ Review by: Staff for complete application HPC, P&Z and City Council. Public Hearing: At HPC, P&Z and City Council Second Reading Planning Fees: HPC fee is $4,410 deposit for 14 hours at $315 per hour P&Z and Council is billed at $7,560 for 24 hours at $315 per hour Referral Fees: Engineering $265/hour (billed hourly), Housing $1,260 flat fee. Total Deposit: For application at HPC - $4,410. For application at P&Z and Council (GMQS and Subdivision) - $9,085. "'note there are two different agreements to pay below: one for HPC application and one for P&Z/ Council application. 115,- A C1-1 Y COMMUNITY DE1r .Ll;'MENT February 15, 2013 Ms. Amy Guthrie City of Aspen Historic Preservation Officer 130 South Galena Street Aspen, CO 81611 C CA CHARLES CUNNIFFE ARCHITECTS RE: GMQS Review and Associated Growth Management Allotments for 420 E. Hyman Avenue, Aspen (Lot O, Block 88, City and Townsite of Aspen; PID #2737-073-39-020 thru -027 and 2737-073-39-801) Dear Amy: Please consider this letter and the accompanying plans prepared by Charles Cunniffe Architects (CCA) as a formal request for Growth Management Review and the granting of the associated Growth Management allotments for 987 sq. ft. additional commercial space and one free market housing unit in the redeveloped Zocalito Building located at 420 E. Hyman Avenue. The property is legally described as Lots O, Block 88, City and Townsite of Aspen. It is a 3,009 square foot lot in the Commercial Core (CC) Zone District. Sincerely, Charles Cunniffe, AIA C� RECEIVED FEB 1 9?013 CITY OF ASPEN COMMUNITY DEVELOPMENT GMQS Review and Associated Growth Management Allotments �C CA CHARLES CUNNIFFE ARCHITECTS For: 420 East Hyman Avenue, Aspen Lot O, Block 88, City and Townsite of Aspen; PID # 2737-073-39-020 THRU -027 AND 2737-073-39-801 Re: Formal request for Growth Management Review and the granting of the associated Growth Management allotments for additional commercial and free-market space Date: February 15, 2012 Applicant: Duvike, Inc. Represented by: Charles Cunniffe Architects PROPOSED VIEW FROM HYMAN AVE MALL 420 East Hyman Avenue GMQS Application Aspen, Colorado February 15, 2012 i i TABLE OF CONTENTS ■ Project Overview and Code Responses (Exhibit 1) ■ Land Use Application Form (Exhibit 2) ■ Dimensional Requirements Form (Exhibit 3) ■ General Summary prepared by Sara Adams (Exhibit 4) ■ Vicinity Map (Exhibit 5) ■ Existing Conditions Survey (Exhibit 6) ■ Proof of Applicant's Ownership (Exhibit 7) ■ Parcel Descriptions (Exhibit 8) ■ Letter of Authorization (Exhibit 9) ■ Major Development Conceptual Commercial Design Standard Review, Demolition, and Variance of Trash/Utility/Recycle Service Area Dimensions Approval, Resolution # 17, Series of 2012 (Exhibit 10) ■ Major Development Conceptual Commercial Design Standard Review, Demolition, and Variance of Trash/Utility/Recycle Service Area Dimensions Amendment, Resolution # 28, Series of 2012 (Exhibit 1 1) ■ Mailing Addresses of record for all property owners located within three hundred feet of the subject property. (To be re -provided no more than 60 days prior to the P&Z hearing) (Exhibit 12) ■ Executed application fee agreement (Exhibit 13) ■ Architectural Plans and Renderings (Exhibit 14) 420 East Hyman Avenue GMQS Application Aspen, Colorado February 15, 2012 0 0 EXHIBIT 1 Date: February 15, 2013 Project: 420 E Hyman Building Property Address: 420 E Hyman Avenue, Aspen, CO 81611 Legal Description: Lot O, Block 88, City and Townsite of Aspen Parcel I.D. #'s.: 2737-073-39-020 Thru -027 and 2737-073-39-801 PROJECT OVERVIEW: A. Project Description: This land use application anticipates the demolition of the existing building. The property is located within the Commercial Core Historic District, but is not a designated landmark. The redevelopment proposal is for a three story mixed -use building above grade, and a full basement. The building will be comprised of commercial space at the basement, first and second levels, two Affordable studio units of 500 sq. ft. and 502 sq. ft. at the second level, an Affordable two bedroom unit of 950 sq. ft. split between the second and third levels, and a 1,766 sq. ft. Free Market split level unit at the second and third levels. The above grade commercial area will be less than the 2.0:1 allowable area of 6,018 sq. ft. for this 3,009 sq. ft. lot. Two covered parking spaces and a 1 Ox20 trash utility area are to be provided with alley access. B. Previous Approvals: 1. Pursuant to Resolution No. 17, Series of 2012, the HPC granted Major Development (Conceptual) Commercial Design Standard Review (Conceptual), Demolition, and Variance of Trash/Utility/Recycle Service Area Dimensions approvals for the property. (Exhibit 10) 2. Effect of the City Council call up. The Aspen City Council called up the HPC Conceptual Approval for review of mass and scale. On August 27, 2012, the City Council remanded the conceptual approval back to HPC for reconsideration of approval without final mass and scale finalized. The HPC reviewed revised drawings and documents that accommodated the HPC and City Council's concerns and approved the conceptual submittal again with amendment pursuant to Resolution No. 28, Series of 2012. 3. Pursuant to Resolution No. 28, Series of 2012, the HPC granted amendment to Resolution # 17, Series of 2012 - Major Development (Conceptual) Commercial Design Standard Review (Conceptual), Demolition, and Variance of Trash/Utility/Recycle Service Area Dimensions approvals for the property. (Exhibit 1 1) 420 East Hyman Avenue Overview & Land Use Sections GMQS Application Aspen, Colorado Page 1 of 19 February 15, 2012 LAND USE SECTIONS: (GMQS, Subdivision, and Commercial Core Historic District Conceptual Review Design Guidelines) C. Following is an explanation of how the proposed development complies with the GMQS Guidelines: Review Requirements Growth management review is necessary to obtain allocations for the additional residential and commercial space that is proposed to be included within the redevelopment. Aspen Land Use Code Sections addressed hereafter: 26.470.120, Community Objectives Scoring Criteria 26.470.050(B) - General Requirements 26.470.070(4) - Affordable Housing 26.470.080(1) - Expansion or New Commercial Development 26.470.080(2) - Major Planning and Zoning Commission applications 26.515.030, Off -Street Parking. 1. Community Objective Scoring Criteria, Section 26.470.120 Below are the Community Objectives Scoring Criteria (in italicized and indented print) with each followed by a recommended score and its rationale/justification. Community Objectives Scoring Criterion #1 - Workforce Housing The community desires a balance between Aspen - the Community and Aspen - the Resort. Both the social fabric of the community and the long-term economic well-being of the resort are reliant on a resource of housing opportunities for local working residents. The Community Development Director shall assign a score to each project for this objective based on following point schedule: Points for the Number of Employees Housed. One (1) point shall be assigned for each one (1) percent by which a proposal exceeds the minimum affordable housing requirements of this Chapter, as applicable to the particular type of development, with actual housing units on -site or off -site. Depending upon the type of development, affordable housing requirements are either expressed as a number of units, number of employees to be housed, or as a square footage of housing to be provided and the score shall be a reflection of the applicable requirement. In circumstances where a project's affordable housing requirements are a combination of requirements, the average percent by which a proposal exceeds each requirement shall be used. In no case shall cash -in -lieu be used to obtain points for this criterion. Response: The project includes commercial, affordable housing, and free-market housing spaces. Section 26.470.080(1) of the Code directs an applicant to Section 26.470.050, where it is stated that sixty (60) percent of the employees generated by the additional commercial development, according to Section 26.470.100(A), Employee Generation Rates, are to be mitigated through the provision of affordable housing. With previous approvals, it was determined that new net leasable area (NLA) would be created as a result of the redevelopment. The proposed layout will add an additional 987 square feet of Commercial NLA on the basement, first and second levels. Also, with previous approvals, it was determined that new, free-market net livable square footage would be created with this development. The proposed layout will add 1,766 square feet 420 East Hyman Avenue Overview & Land Use Sections GMQS Application Aspen, Colorado Page 2 of 19 February 15, 2012 of Residential NLA on the second and third levels. The proposed development will demolish three (3) studio free-market housing units. Per Section 26.470.070(5.1.a) one hundred percent of the demolished free-market multifamily housing shall be replaced 1:1 on site. If in doing so, the remaining development may be free-market residential development without needing to satisfy affordable housing requirements so long as the number of free-market units is not in excess of the number of units originally on site. The proposed development will include on site Category 4 affordable housing in the form of two (2) studio units and (1) two bedroom unit, as mitigation, per Sections 26.470.070.4 and 26.540.080 of the Code and based on the formula outlined in Ordinance 32, Series of 2012. Minimum affordable housing calculations: 1. Free -Market Residential: For free-market residential space, affordable housing shall be provided in an amount equal to at least thirty percent (30%) of the additional free-market residential net livable area, per Section 26.470.050(6) of the Code. Free -Market net livable floor area: 1,766 sq. ft. (30%) or 0.3 x 1,766 = 529.8 sq. ft. One (1) employee per 400 sq. ft. of net livable area 529.8 / 400 = 1.32 employees required for free-market residential mitigation Existing Free -Market Housing on site = three (3) studios. Studio = 1.25 employees 3 x 1.25 = 3.75 employees required for Free -Market Replacement 2. Commercial: For commercial net leasable space within basement or upper floors, the rates for calculation of employee generation shall be reduced by 25%. Existing Proposed Basement net leasable floor area: 1,739 sq. ft. 2,333 sq. ft. Upper Level net leasable floor area: 311 sq. ft. 519 sq. ft. 2,050 sq. ft. 2,852 sq. ft. (4.1) employees per 1,000 sq. ft. net leasable) 802 sq. ft. increase:.802 x 4.1 x .75 = 2.46 employees Existing Proposed Main Level net leasable floor area: 1,560 sq. ft. 1,745 sq. ft. 185 sq. ft. increase: 0.185 x 4.1 = .76 employees 2.46 +.76 = 3.22 employees Required housing of 60% of employees = 1.932 employees required for commercial mitigation 3. Employees housed Per Section 26.470.100(A.6) of the Code, whenever affordable housing is provided on site in order to satisfy one (1) requirement, the some on -site affordable housing may 420 East Hyman Avenue Overview & Land Use Sections GMQS Application Aspen, Colorado Page 3 of 19 February 15, 2012 L-A 0 also be used to satisfy any other affordable housing requirement concurrently. Therefore... The total number of employees to be housed is 3.75 for free-market replacement The proposed 2 bedroom AHU will house 2.25 employees. The two proposed studio AHU units will house 1.25 employees each, or 2.5 total. Affordable housing provided on site = 4.75 total employees. There is excess affordable housing of 4.75 - 3.75 = 1.0 units. Points are generated under this condition because the equivalent of 1.0 unit will be built above what is required. 1.0 / 3.75 = 26.67 Points Points for the Size of Affordable Housing Units. One (1) point shall be assigned for each one (1) percent by which proposed affordable housing units exceed the minimum square footage requirements of the Aspen/Pitkin County Housing Authority Guidelines. In no case shall cash -in -lieu be used to obtain points for this criterion. Response: The proposed affordable housing units are not substantially larger than what is required. No points are assumed to be generated. Minimum Threshold Requirement: Proposals with less than the minimum required affordable housing requirement, as requirement pursuant to this Chapter according to the particular type of development, shall receive a failing score for this criterion and shall be denied by the Community Development Director. The minimum requirement may be a combination of on - site units, off -site units, or cash -in -lieu thereof, as such methods are permitted by this Chapter. Response: In total, the proposed project meets all requirements for Workforce Housing mitigation and earns 26.67 points under Community Objectives Scoring Criterion # 1 - Workforce Housing. Community Objective Scoring Criterion #2 - Energy Conservation The community desires development that minimizes its impact on the natural environment and to maintain a leadership role in energy conservation and production strategies, efficient building techniques, and use of materials. The Community Development Director shall assign a score to each project for this objective based on following point schedule and the most recent version of the Leadership in Energy and Environmental Design (LEED) standards of the US Green Building Council: Points for LEED Certified projects. LEED Bronze level projects = 10 points. LEED Silver level projects = 20 points. LEED Gold level projects = 30 points. LEED Platinum level projects = 50 points. In order for proposals to obtain points for this condition, an applicant must demonstrate credible progress towards certification as determined sufficient by the Community Development Director. It shall not be considered sufficient to merely state a certification level without evidence supporting progress towards actual certification by the US Green Building Council. 420 East Hyman Avenue Overview & Land Use Sections GMQS Application Aspen, Colorado Page 4 of 19 February 15, 2012 10 0 In no event shall a project be relieved of the adopted energy efficiency requirements of the City of Aspen that are applicable to all development projects. Response: The applicant will follow the applicable energy efficiency requirements of the City of Aspen, but does not intend to have the building LEED certified. Therefore, this application will not receive any points under this condition. Community Objective Scoring Criterion #3 - Small Lodges Response: This condition applies only to development proposals involving lodging. Therefore, this criterion is not applicable and no points are possible hereunder. In summary, the proposed commercial development project meets all applicable Code requirements and also earns (26.67) points in the Community Objectives Scoring. 2. General Requirements, Section 26.470.050(B) Pursuant to Section 26.470.050(B) of the Code, all development applications for growth management review must comply with the following generally applicable criteria and the review criteria applicable to the specific type of development (the generally applicable criteria are provided below in indented and italicized text with each followed by a response demonstrating consistency and/or compliance therewith, as applicable): 1. Sufficient growth management allotments are available to accommodate the proposed development, pursuant to Section 26.470.030.D. Applications for Multi -Year Development Allotment, pursuant to 26.470.090. 1, shall not be required to meet this standard. Response: The annual commercial growth management allotment available for commercial space is 33,300 net leasable square feet and for free-market residential units is (18) units. This application is seeking 987 square feet for the additional commercial space and one free- market residential allotment. In any event, there are sufficient growth management allotments available to accommodate both facets of the proposed development. A multi- year allotment is not requested or required. 2. The proposed development is compatible with land uses in the surrounding area, as well as with any applicable adopted regulatory master plan. Response: The proposed development of a three-story mixed -use building is compatible with land uses in the surrounding area. Almost every property in the immediate vicinity is comprised of either commercial or mixed -use buildings. The City has adopted no applicable regulatory master plan. 3. The development conforms to the requirements and limitations of the zone district. Response: The proposed development is completely consistent with the requirements and limitations of the underlying Commercial Core (CC) Zone District (see Exhibit 3). 420 East Hyman Avenue overview & Land Use Sections GMQS Application Aspen, Colorado Page 5 of 19 February 15, 2012 0 0 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. Response: The proposed development is fully consistent with the Conceptual Commercial Design Review approvals granted by the HPC (see Exhibits 10 and 11). 5. Unless otherwise specified in this Chapter, sixty (60) percent of the employees generated by the additional commercial or lodge development, according Section 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 Section 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 26.540.090 Criteria for Extinguishment of the Certificate. Response: As explained above in response to the Community Objective Scoring Criteria, the applicant will be constructing on -site affordable housing for this requirement. 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 (30) percent 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 Section 26.470.070.4, Affordable Housing, and be restricted to 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 26.540.090 Criteria for Extinguishment of the Certificate, utilizing the calculations in Section 26.470.100 Employee/Square Footage Conversion. Response: One free market residential space is requested for this property. As explained above in response to the Community Objective Scoring Criteria, the applicant will be constructing on -site affordable housing for this requirement. 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. Response: The project site benefits from readily available, existing infrastructure. The existing structure is served with City water and electric, ACSD sewer facilities, and existing communication utilities. Being centrally located in the Commercial Core (CC) zone, 420 East Hyman Avenue Overview & Land Use Sections GMQS Application Aspen, Colorado Page 6 of 19 February 15, 2012 10 • police, emergency and fire protection services as well as parking, road and transit services are all readily available. Storm water will be handled according to current City regulations, resulting in less discharge than is now the case. 3. Affordable Housing Section 26.470.070(4) and Chapter 26.540 The development of affordable housing deed restricted in accordance with the APCHA Guidelines requires review and approval by the Planning and Zoning Commission based on the criteria below. Each criterion is provided in indented and italicized text, and each is followed by a response demonstrating consistency and/or compliance therewith, as applicable 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. Response: As explained above in response to the Community Objective Scoring Criteria, the applicant will be constructing on -site affordable housing for this requirement. 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 of Aspen city limits. Units outside the city limits maybe accepted as mitigation by the City Council, pursuant to 26.470.090.2. If the mitigation requirement is less than one 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 or more units, a cash -in -lieu payment shall require City Council approval, pursuant to Section 26.470.090.3. A Certificate of Affordable Housing Credit may be used to satisfy mitigation requirements by approval of the Community Development Director, pursuant to Chapter Section 26.540.080 Extinguishment of the Certificate. Required affordable housing may be provided through a mix of these methods. c) Each unit provided shall be designed such that the finished floor level of fifty (50) percent or more of the unit's Net Livable Area is at or above Natural or Finished Grade whichever is higher. This dimensional requirement may be varied through Special Review, pursuant to Chapter 26.430. 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 of Aspen 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 non-profit 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. 420 East Hyman Avenue Overview & Land Use Sections GMQS Application Aspen, Colorado Page 7 of 19 February 15, 2012 w w Units owned by the Aspen/Pitkin County Housing Authority, the City of Aspen, Pitkin County, or other similar governmental or quasi -governmental agency shall not be subject to this mandatory "for sale" provision. Response: As explained above in response to the Community Objective Scoring Criteria, the applicant will be constructing above -grade, on -site affordable housing for this requirement. 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. Response: This condition is not applicable. 4. Expansion or New Commercial Development, Section 26.470.0800) Section 26.470.080(1) of the Code explains that the expansion of an existing commercial building is to be reviewed and approved by the Planning and Zoning Commission based on the General Requirements outlined in Section 26.470.050 of the Code. The proposal's consistency with the General Requirements of Section 26.470.050(B) has been fully addressed above. S. Off -Street Parking, Section 26.515.030 C. Off-street parking calculation. All requirements for off-street parking for residential dwellings and lodges shall be calculated based on the number of units. Requirements for off-street parking for commercial uses shall be calculated based on the net leasable area of the structure or use. Required Number of Off -Street Parking Spaces in the Aspen Infill Area, CC Zone District Commercial: (1 space per 1,000 sq. ft. new net leasable) 987 sq. ft./ 1,000 sq. ft. = .987 spaces Residential/Multi-Family within a mixed use building: (No requirement in the CC Zone District) Response: Two (2) off-street parking spaces are provided at the alley in this application. One (1) off-street parking space already exists at the alley. An existing deficit of parking may be maintained when a property is redeveloped. 420 East Hyman Avenue Overview & Land Use Sections GMQS Application Aspen, Colorado Page 8 of 19 February 15, 2012 110 0 D. Following is an explanation of how the proposed development complies with the Subdivision Guidelines: 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 regulatory master plan. Response: The proposed subdivision will have a commercial/ residential mix that is compatible with the surrounding uses in the Commercial Core. It will be in scale with the adjacent buildings in terms of density, height and bulk. The architecture will be a more contemporary interpretation of the generally Victorian vernacular in the downtown area. The landscaping will consist primarily of plants in surface containers that are compatible with the streetscape. Open space will be handled with off -site public amenities. 2. The proposed subdivision shall be consistent with the character of existing land uses in the area. Response: The proposed subdivision will be consistent with the commercial/residential land uses in the Commercial Core. 3. The proposed subdivision shall not adversely affect the future development of surrounding areas. Response: The proposed subdivision will not adversely affect the future development in this area since the proposed uses are compatible with the existing uses. 4. The proposed subdivision shall be in compliance with all applicable requirements of this title. Response: The proposed subdivision will be in compliance with all applicable requirements of this title. 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, mud flow, 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. Response: The proposed subdivision is located in the Commercial Core of Aspen, which is not subject to the natural hazards set forth above and will not create any conditions that will be harmful to the residents of the proposed condominimization . 2. Spatial pattern efficiency. 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. 420 East Hyman Avenue Overview & Land Use Sections GMQS Application Aspen, Colorado Page 9 of 19 February 15, 2012 • Response: The proposed subdivision is in the Commercial Core of Aspen, which already has all of the public facilities and infrastructure in place. Therefore, it will not cause any inefficiencies, duplication or premature extensions which will cause unnecessary public costs. C. Improvements. The improvements set forth in 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 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. Response: The standards set forth in Chapter 26.580 are irrelevant to this subdivision application. 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing recommendations by professional engineers as necessary. Response: No variations will be requested since the standards set forth in Chapter 26.580 are irrelevant to this subdivision application. D. Affordable Housing. A subdivision which is comprised of replacement dwelling units shall be required of provide affordable housing in compliance with the requirements of Section 26.470.070.5, Demolition or replacement 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 26.620, Growth Management Quota System. Response: The proposed development will consist of replacing 3 existing free-market housing units with 3 affordable housing units and adding 1 free-market unit as outlined in the GMQs Community Scoring Criteria in another section of this application. E. School land dedication. Compliance with the School land dedication standards set forth at Chapter 26.620. Response: A cash -in -lieu payment will be made by the applicant to the City of Aspen upon notification of the correct amount. F. Growth management approval. Subdivision approval may only be granted to applications for which all growth management development allocations 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. Response: Applicant is hereby applying for growth management approval to utilize growth allotments. 420 East Hyman Avenue Overview & Land Use Sections GMQS Application Aspen, Colorado Page 10 of 19 February 15, 2012 11 E. Following is an explanation of how the proposed development complies with the Commercial Core Historic District Conceptual Review Design Guidelines: Commercial Core Historic District Conceptual Review Design Guidelines Street & Alley Systems Street Grid 6.1 Maintain the established town grid in all projects. Response: The existing street and alley around project site will be retained as public circulation space and for maximum public access. The existing street and alley around project site will not be enclosed and will remain open to sky. Internal Walkways 6.2 Public walkways and through courts, when appropriate, should be designed to create access to additional commercial space and frontage, within the walkway and/or to the rear of the site. Response: A public walkway is proposed, which utilizes a perpetual access restrictive covenant along the boundary between this property and Lot N to the west. Please refer to the attached recorded agreement. Alleys 6.3 Develop an alley to create visual interest. Response: No public access or commercial retail space is being proposed at the alley with this application. Parking 6.4 Structured parking should be placed within a 'wrap' of commercial and/or residential uses. 6.5 Structured parking access should not have a negative impact on the character of the street. Response: Structured parking is not being proposed. Public Amenity Space Street Facing Amenity Space 6.6 A street -facing amenity space shall meet all of the following requirements: • Abut the public sidewalk • Be level with the sidewalk • Be open to the sky • Be directly accessible to the public • Be paved or otherwise landscaped 6.7 A street -facing public amenity space shall remain subordinate to the line of the building fronts in the Commercial Core. 6.8 Street facing amenity space shall contain features to promote and enhance its use. Response: The public amenity space is proposed to be provided off -site per Parks Department approval. 420 East Hyman Avenue Overview & Land Use Sections GMQS Application Aspen, Colorado Page 11 of 19 February 15, 2012 0 Mid -block Walkway Amenity Space 6.9 Mid -block walkways shall remain subordinate in scale to traditional lot widths. • Mid -block public walkways shall be between 8 ft. and 10 ft. in width. 6.10 A mid -block walkway should provide public access to the following: • Additional commercial space and frontage within the walkway • Uses located at the rear of the property Response: The existing mid -block walkway will be subordinate in scale to traditional lot widths. It will be 10 ft. in width and provide access to commercial space and frontage within the walkway. No uses requiring public access are proposed at the rear of the property. Alley Side Amenity Space 6.11 An alley side amenity space shall be designed to have these characteristics: • Direct public access to commercial space at street or second floor levels • Maximize solar access to the alley side amenity space • Enhance of the attractiveness and use of the rear alley • Minimize the adverse impacts of adjacent service and parking areas Response: No direct public access to commercial space is being proposed at the alley. The alley access being provided is for deliveries to the retail shops, and for required egress. Second Level Amenity Space 6.12 Second level amenity space should be compatible with the character of the historic district. 6.13 A second floor amenity space should meet all of the following criteria: • Ensure consistent public access • Be dedicated for public use • Provide a public overlook and/or an interpretive marker • Be identified by a marker at street level 6.14 Second level space should be oriented to maximize solar access and mountain views, or views of historic landmarks. 6.15 Second level space should provide public access by way of a visible and attractive public stair or elevator from a public street, alley, or street level amenity space. Response: No second level amenity space is proposed. Front Yard Amenity Space 6.16 Second level dining may be considered. 6.17 Front and side yard amenity space should be considered in the context of a historic one story residential type building. Response: No second level dining is being proposed. There is no historic one story residential type building on this property. Building Placement Building Setbacks 6.18 Maintain the alignment of facades at the sidewalk's edge. 420 East Hyman Avenue Overview & Land Use Sections GMQS Application Aspen, Colorado Page 12 of 19 February 15, 2012 6.19 A building may be set back from its side lot lines in accordance with design guidelines identified in Street & Circulation Pattern and Public Amenity Space guidelines. Response: The proposed building street facade will be aligned at the sidewalk's edge with the adjacent building. Side setbacks are not being proposed. Building Orientation 6.20 Orient a new building to be parallel to its lot lines, similar to that of traditional building orientations. 6.21 Orient a primary entrance toward the street. Response: The proposed building is parallel to the lot lines. A primary entrance to one of the retail spaces is oriented toward the street. Building Form 6.22 Rectangular forms should be dominant on Commercial Core facades. 6.23 Use flat roof lines as the dominant roof form. 6.24 Along a rear facade, using building forms that step down in scale toward the alley is encouraged. Response: The proposed building form is rectangular with flat roof lines. The third story element is stepped back from the alley facade of the second story. Building Height, Mass & Scale Two Story Single 6.25 Maintain the average perceived scale of two-story buildings at the sidewalk. Response: The third story element is stepped back from the second story street facade, which will be 28 ft. high at the top of the parapet. Height Variation 6.26 Building facade height shall be varied from the facade height of adjacent buildings of the some number of stories. 6.27 A new building or addition should reflect the range and variation in building height of the Commercial Core. 6.28 Height variation should be achieved using one or more of the following: Vary the building height for the full depth of the site in accordance with traditional lot width. Set back the upper floor to vary the building facade profile(s) and the roof forms across the width and the depth of the building. Vary the facade (or parapet) heights at the front. Step down the rear of the building towards the alley, in conjunction with other design standards and guidelines. Response: The building is only thirty feet (30') in width. The top of the street facade will be 2 ft. higher than the wall of the building to the east and higher than the building to the west, which is separated by the public walkway amenity. 420 East Hyman Avenue Overview & Land Use Sections GMQS Application Aspen, Colorado Page 13 of 19 February 15, 2012 Height Variation for Larger Sites 6.29 On sites comprising more than two traditional lot widths, the fagade height shall be varied to reflect traditional lot width. 6.30 On sites comprising two or more traditional lots, a building shall be designed to reflect the individual parcels. These methods shall be used: • Variation in height of building modules across the site • Variation in massing achieved through upper floor setbacks, the roof scope form and variation in upper floor heights • Variation in building facade heights or cornice line Response: This is not applicable to this single traditional lot width. Height Adjacent to Historic Structures 6.31 A new building should step down in scale to respect the heights, form and scale of a historic building within its immediate setting. 6.32 When adjacent to a one or two story historic building that was originally constructed for commercial use, a new building within the same block face should not exceed 28 in height within 30 ft. of the front fagade. 6.33 New development adjacent to a single story historic building that was originally constructed for residential use shall not exceed 28 ft. in height within 30 ft. of the side property line adjacent to the historic structure, within the same block face. 6.34 The setting of iconic historic structures should be preserved and enhanced when feasible. Response: These guidelines are not applicable to this proposal. There are no historic structures near this property. F. Following is an explanation of how the proposed development complies with the review standards relevant to the development application: Sec. 26.304 Common Development Review Procedures Sec. 26.304.010 General. Generally, all proposed development shall be subject to the following six (6) step approval process. (1) A pre -application conference between the applicant and a staff member of the Community Development Department; (2) Submission of the development application and fees by the applicant; (3) Determination of completeness and review of the development application by the Community Development Director; (4) Review of the development application by the relevant decision -making body; (5) Receipt of a development order or certificate of zoning compliance; and (6) Receipt of a building permit. Response: Steps (1) and (2) are addressed with this application. Sec.26.304.030.D, Consolidation of Applications, and Sec.26.304.060.3. I., Modification of Review Procedures, Combined Reviews, have been addressed in the Pre -Application Conference Summary. This application will be reviewed by the HPC concurrently for Commercial Design Review and Major Development within the Commercial Core Historic District. Steps (3) through (6) will be addressed in due course. Sec. 26.412 Commercial Design Review 420 East Hyman Avenue Overview & Land Use Sections GMQS Application Aspen, Colorado Page 14 of 19 February 15, 2012 u 26.412.060 Commercial Design Standards A. Public Amenity Space. Response: This is addressed under Sec. 26.575.030 B. Utility, Delivery and Trash Service Provision Response: This is addressed under Sec. 26.575.060 Sec. 26.412.070 Suggested Design Elements A. Signage. Signage should be integrated with the building to the extent possible. Integrated signage areas already meeting the City's requirements for size, etc. may minimize new tenant signage compliance issues. Common tenant listing areas also serves a public way finding function especially for office uses. Signs should not block design details of the building on which they are placed. Compliance with the City's sign code is mandatory. Response: The signage will be integrated with the building fagade treatment and be a complimentary element of the overall design. Specific tenant names have not been determined at the time of this application and will be addressed more specifically at final review, in compliance with the City Sign Code B. Display windows. Display windows provide pedestrian interest and can contribute to the success of the retail space. Providing windows that reveal inside activity of the store can provide this pedestrian interest. Response: Display windows are an integral element of the street fagade treatment in the design of this building. Please refer to the building elevations included in this application. C. Lighting. Well -lit (meaning quality, not quantity) display windows along the first floor create pedestrian interest after business hours. Dynamic lighting methods designed to catch attention can cheapen the quality of the downtown retail environment. Illuminating certain important building elements can provide an interesting effect. Significant light trespass should be avoided. Illuminating the entire building should be avoided. Compliance with the City's Outdoor Lighting code, Section 26.575.050, is mandatory. Response: The Applicant understands the importance of lighting in the Commercial Core and intends to have a tastefully well -lit building. Locations of lighting fixtures and specific light fixture models will be presented at final review in compliance with the City Outdoor Lighting code. Sec. 26.415.070.D Certificate of appropriateness for major development 1. The review and decision on the issuance of a certificate of appropriateness for major development shall begin with a determination by the Community Development Director that the proposed project constitutes a major development. A major development includes one or more of the following activities: a. The construction of a new structure within a historic district; Response: This property is within the Commercial Core Historic District. The application contains all of the documentation required for conceptual plan review. 420 East Hyman Avenue Overview & Land Use Sections GMQS Application Aspen, Colorado Page 15 of 19 February 15, 2012 0 0 Sec. 26.415.080 Demolition of designated historic properties. A. Procedures for considering requests for demolition of designated properties. 4. The HPC shall review the application, the staff report and hear evidence presented by the property owners, parties of interest and members of the general public to determine if the standards for demolition approval have been met. Demolition shall be approved if it is demonstrated that the application meets any one of the following criteria: d. No documentation exists to support or demonstrate that the property has historic, architectural, archaeological, engineering or cultural significance and Additionally, for approval to demolish, all of the following criteria must be met: a. The structure does not contribute to the significance of the parcel or historic district in which it is located and b. The loss of the building, structure or object would not adversely affect the integrity of the historic district or its historic, architectural or aesthetic relationship to adjacent designated properties and c. Demolition of the structure will be inconsequential to the historic preservations needs of the area. Response: This building is not a designated historic landmark and all of the above criteria for HPC approval of demolition have been met. Sec. 26.435.060 Mountain View Plane Review 4. 'Courthouse View Plane. There are hereby established two (2) view planes originating from the sidewalk on the northerly side of Main Street, easterly of Galena Street above which planes no land use or building shall project. Response: This proposed building will not project above either view plane. Please refer to the attached survey. Sec. 26.470.040.6 Growth Management - Exempt Development 6. Remodeling or replacement of existing commercial or lodge development. Remodeling or replacement after demolition of existing commercial or hotel/lodge buildings and portions thereof shall be exempt from the provisions of the growth management, provided that no additional net leasable square footage or lodge units are created and there is no change - in -use. If redevelopment involves an expansion of net leasable square footage or lodge units, only the replacement of existing development shall be exempt. Existing, prior to demolition, net leasable square footage and lodge units shall be documented by the City of Aspen Zoning Officer prior to demolition. Response: The existing commercial net leasable space is 3,610 sq. ft. The proposed commercial net leasable space is 4,597 sq. ft., for an increase of 987 sq. ft. Sec. 26.470.100 Calculations Response: Refer to response in GMQS Guidelines above. Sec.26.480 Subdivision Response: Refer to response in Subdivision Guidelines above. 420 East Hyman Avenue Overview & Land Use Sections GMQS Application Aspen, Colorado Page 16 of 19 February 15, 2012 Sec. 26.515 Off-street Parking Response: Refer to response in GMQS Guidelines above. Sec.26.575.202 Calculations and Measurements. The purpose of this section is to set forth regulations which relate to methods of calculation and measuring certain enumerated items as used in this Title. Response: The calculation methods have been used for the Land Use Application Dimensional Requirements Form (Exhibit 3) that is a part of this application. Sec.26.575.030 Public Amenity B. Applicability and requirement. Twenty-five percent (25%) of each parcel within the applicable area shall be provided as public amenity. For redevelopment of parcels on which less than this twenty-five percent (25%) currently exists, the existing (prior to redevelopment) percentage shall be the effective requirement, provided that no less than ten percent (10%) is required. Response: No public amenity currently exists on this property. Public amenity will be provided off site as approved in Exhibit 10. Sec. 26.575.060 Utility/trash/recycle service areas A. General. The following provisions shall apply to all utility/trash/recycle service areas: If the property adjoins an alleyway, the utility/trash/recycle service area shall be along and accessed from the alleyway. Unless entirely located on an alleyway, all the utility/trash/recycle service areas shall be fenced so as not to be visible form the street, and such fences shall be six (6) feet high from grade. All fences shall be of sound construction and shall be no less than ninety percent (90%) opaque. Whenever this Title shall require that a the utility/trash/recycle service area be provide abutting an alley, buildings may extend to the rear property line or otherwise allowed by this Title, provided that an open area is provided which shall be accessible to the alley and which meets the dimensional requirements of this Section. A minimum of twenty (20) linear feet of the utility/trash/recycle service area shall be reserved for box storage, utility transformers or equipment, building access and trash and recycling facilities. For properties with thirty (30) feet or less of alley frontage, this requirement shall be fifteen (15) linear feet. For properties with no alley access, no requirement shall apply. The required area shall have a minimum vertical clearance of ten (10) feet and a minimum depth of ten (10) feet at ground level. The required area shall not be used for required parking or as vehicular access to a parking area. Response: The property is entirely located adjacent to an alleyway. Applicant is planning for a utility/trash/recycle service area along the alley that meets the dimensional requirements of 20' x 10' x 10'. Please refer to the building site/landscape/parking plan included with this application. This area will be provided as approved as approved in Exhibit 10. Sec.26.610 Impact Fees 26.610.020 Applicability 420 East Hyman Avenue Overview & Land Use Sections GMQS Application Aspen, Colorado Page 17 of 19 February 15, 2012 Unless expressly exempted, the Park Development Impact Fee and the Transportation Demand Management (TDM) Air Quality Impact Fee shall be assessed upon all development within the City of Aspen which contains new residential units or net leasable space. Response: These fees will be paid by the applicant at the appropriate time upon notification by the City of Aspen as to the correct amounts. Sec.26.620.020 School Land Dedication 26.620.020 Applicability Unless expressly exempted, the School Land Dedication standard shall be assessed upon all development within the City of Aspen which contains residential units. Response: Refer to response in Subdivision Guidelines above. Sec. 26.710.140 Commercial Core (CC) Zone District B. Permitted uses. The following uses are permitted as of right in the Commercial Core (CC) Zone District: 1. Uses allowed in basement floors: Retail and restaurant uses, office uses, uses and building elements necessary and incidental to uses on other floors. 2. Uses allowed on the ground floor: Retail and restaurant uses and uses and building elements necessary and incidental to uses on other floors. Office uses are prohibited on the ground floor except within spaces set back a minimum of forty (40) feet from a street and recessed behind the front -most street -facing facade. This prohibition shall not apply to split-level buildings. Parking shall not be allowed as the sole use of the ground floor. 3. Uses allowed on upper floors: Retail and restaurant uses, office uses, lodging, timeshare lodge, affordable multi -family housing, free-market multi -family housing and home occupations. 4. Uses allowed on all building levels: Retail and restaurant uses, office uses, neighborhood commercial uses, service uses, arts, cultural and civic uses, public uses, recreational uses, academic uses, child care c enter, accessory uses and structures, storage accessory to a permitted use, uses and building elements necessary and incidental to uses on other floors, including parking accessory to a permitted use, and farmers' market, provided that a vending agreement is obtained pursuant to Section 15.04.350(B). Response: The basement, main level and part of the second level will be commercial retail use. Part of the second level will be Affordable Housing and Free Market residential use. The third level will be Affordable Housing and Free Market residential use. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Commercial Core (CC) Zone District: 8. Maximum height (feet): 28 feet for two-story elements of a building. 38 feet for three- story elements of a building, which may be increased to 42 feet through commercial design review. 420 East Hyman Avenue Overview & Land Use Sections GMQS Application Aspen, Colorado Page 18 of 19 February 15, 2012 61 El Response: The proposed two story element is 28 feet high at the top of the parapet at the Hyman Avenue facade. The proposed three story element is 40 ft. at the top of the flat roof. It is stepped back from the two story facade at both Hyman Avenue and the alley. Please refer to the attached floor plans and elevations. 11. Floor area ratio (FAR): The following FAR schedule applied to uses cumulatively up to a total maximum FAR of 2.75:1. Achieving the maximum floor area ratio is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the maximum FAR is not an entitlement and is not achievable in all situations. a. Commercial uses: 2:1 c. Affordable Multi -Family Housing: No limitation e. Free -Market Multi -Family Housing: .5: 1, which may be increased to 0.75:1 if affordable housing equal to one hundred percent (100%) of the free-market residential floor area is developed on the same parcel. Response: Refer to Exhibit 14 for FAR tabulations. The proposed design for this application will meet the requirements of the International Building Code, 2009 Edition, as adopted by the City of Aspen with amendments; the Federal Fair Housing Act and CRS 9.5.112. Specifically, an elevator is provided for access to the second floor and a handicap accessible toilet room is provided for each tenant space. 420 East Hyman Avenue Overview & Land Use Sections GMQS Application Aspen, Colorado Page 19 of 19 February 15, 2012 EXH BIT 14 r GP- ... rrr u• 4' r • ur _ .r ❑ � ls' ..r 4 , '� •air 1 e l r loci - E aY I r� `3q(66 SCA i l L n� i:T�'h;`n^ y I r t c1 r 5l l �• �at��•1 � l� ' . r- � rr +� na' � � •,,r �/1 xrt f•'3 � 11��(( � , • 9 , �!' y w'Y'. x u' , . � (fnj/Jffj1 �! / ••; � V . TV rrl.�C= --- -I' LIAAA-L- �.I BASFME;NT •I St FLOORt • 2-ND FLOOR III , 30'-0" PARKIN 8.5x18 PARKING 8.5x18 SERVIC 1 11 x20 ACV II II I I I I MAIN LEVEL II NON -UNIT NET JL LEASABLE IF 38SF =I —Jj DN MAIN COMMERCIAL NET LEASABLE 1745 SF 3 MALL / MAIN LEVEL 1 /16" = 1'-0" q 0 0 • RI 1 MECHANICAL 277 SF BASEMENT LEVEL COMMERCIAL NET LEASABLE o 2056 SF 0 UP { BASEMENT LEVEL 1 /16" = 1'-0" ADJACENT BUILDING • 30'-0" ALLEY PROPERTY LINE ADJACENT BUILDING PROPERTY LINE SIDE WALK HYMAN AVENUE SITE/ LANDSCAPE / PARKING PLAN 0 0 0 NET LEASABLE / NET LIVABLE SUMMARY: NET LEASABLE & LIVABLE AREAS COMMERCIAL BASEMENT = 2,333 S.F. = EXEMPT MAIN LEVEL = 1,745 S.F. PROPOSED FLOOR PLANS SECOND LEVEL = 519 S.F. = 2,264 TOTAL SF T.N. AHU SECOND LEVEL = 1,080 SF P.N. THIRD LEVEL = = 872 SF = 1,952 TOTAL SF FREE MARKET SECOND LEVEL = 623 S.F. THIRD LEVEL = 1,143 S.F. = 1,766 TOTAL SF U) U W I- 2 U Q E W IL Z Z U W J Q _ U Z o Qw �O J _ = O LLI u.1 o Z o Na N Q A1.1 • • 30'-0" 'ORES. ROOFTOP MECH AREA 0 0 0 ROOF PLAN 3 1 /16" = 1'-0" 2BEDROOM-AHU NET LIVABLE 872 SF FREE MARKET NET LIVABLE 1143 SF 3RD DECK A 433 SF PROPOSED FLOOR PLANS P.N. T.N. 30'-0" 2 THIRD LEVEL 1 0 30'-0" AHU - STUDIO #1 NET LIVABLE 502 SF U) P J AHU-2 BEROOM U NET LIVABLE 0 HU - STUDIO #2 78 SF = X NET LIVABLE U o 500 SF I{ Q E Lij O U J 2ND DECK A Ili 215 SF SECOND LEVEL Z o } COMMERCIAL NE o Z o LEASABLE U 2ND COMMON Q 519 SF W 38 SF E J N Q U 2ND DECK B FREE MARKET 130 SFrDECK. NET LIVABLE 623 SF Z o Q Q� 20 _ =0 uj w oZ O a_ SECOND LEVEL a 1 /16" = 1'-0" A1.2 CARPORT EXEMF 675 SF STAIRS EXEMPT 136 SF MAIN LEVEL COMMERCIAL FAR 1864 SF MAIN LEVEL NON-UNI FAR: 51 SF MAIN STAIRS NON -UNIT FAR: 169 SF • FAR SUMMARY � low ALLOWABLE FAR ZONE DISTRICT: COMMERCIAL CORE (CC) LOT SIZE OMAIN LEVEL FAR 1/16 =1-0 3009 SF TOTAL FAR 2.75:1 8275 SF COMMERCIAL FAR 2:1 6018 SF AFFORDABLE HOUSING FAR NO LIMIT FREE MARKET HOUSING FAR .75:1* 2257 SF *IF MATCHED WITH AHU ON -SITE DECK AREA OVER 30" 15% 1241 SF COMMERCIAL BASEMENT FAR: UP 3000 SF LOWER LEVEL FAR 1 1 /16" = 1'-0" PROPOSEDFAR AREA DESCRIPTION FAR BASEMENT TOTALLEVEL 3000 GSF BY USE TOTAL BASEMENT WALL AREA 2600 SF EXPOSED WALL AREA 0 SF PERCENT EXPOSED TO APPLY TO FAR 0% CONTRIBUTION TO FAR 0 SF 3000 GSF COMMERCIAL MAIN LEVEL TOTALLEVEL 2220 GSF BY USE DEDUCTIONS FOR STAIRS & ELEV 136 SF CONTRIBUTION TO FAR 2084 SF 2084 GSF COMMERCIAL SECOND LEVEL TOTALLEVEL 2568 GSF DEDUCTIONS 0 SF CONTRIBUTION TO FAR 2568 SF BY USE 534 NLSF COMMERCIAL 1100 NLSF RESIDENTIAL -AFFORDABLE 775 NLSF RESIDENTIAL - FREE MARKET 35 GSF NON -UNIT APPORTIONED TO COMMERCIAL 73 GSF NON -UNIT APPORTIONED AFFORDABLE 51 GSF NON -UNIT APPORTIONED TO FREE MARKET 280 GSF DECK OVER 30" - COMMON 152 GSF DECK OVER 30" - RES. FREE MARKET THIRD LEVEL TOTALLEVEL 2364 GSF DEDUCTIONS FOR STAIRS & ELEV 201 SF CONTRIBUTION TO FAR 2163 SF BY USE 921 NLSF RESIDENTIAL -AFFORDABLE 1164 NLSF RESIDENTIAL -FREE MARKET 34 GSF NON -UNIT APPORTIONED TO AFFORDABLE 44 GSF NON -UNIT APPORTIONED TO FREE MARKET 280 GSF DECK OVER 30" - RES. FREE MARKET DECKS OVER 30" ABOVE GRADE (ALLOWED 1241 SF) 432 GSF RESIDENTIAL - FREE MARKET ACTUAL 338 GSF RESIDENTIAL - FREE MARKET ALLOWED CONTRIBUTION TO FAR 94 SF 280 GSF COMMON ACTUAL 903 GSF COMMON ALLOWED (LESS FREE MARKET DECKS) CONTRIBUTION TO FAR 0 SF TOTAL PROPOSED FAR 6909 SF TOTAL PROPOSED COMMERCIAL FAR (ALLOWED 6018 SF) 2653 SF TOTAL PROPOSED RESIDENTIAL AFFORDABLE FAR (ALLOWED NO LIMIT) 2128 SF TOTAL PROPOSED RESIDENTIAL FREE MARKET FAR (ALLOWED 2257 SF) 2128 SF 00 00 U) F-- U W I— _ U Q E W 0 U LL LL 'c Z Z U Z o Q� 2 20 _ =O LLI w o Z o "a N � a A2.1 0 RES. ROOFTOP MECH AREA ROOF FAR 3 1 /16" = 1'-0" n U AHU 3RD LEVEL FAI 921 SF AHU 3RD LEVEL EXEMPT: 41 SF ELEV. EXEMPT 47 SF FREE MARKET 3R1 LEVEL FAR: 1164 SF STAIRS EXEMPT 113 SF 3RD LEVEL DECK FREE MARKET: 280 SF THIRD LEVEL FAR 2 1 /16" = 1'-0" AHU - 3RD LEVEL F/ 71 SF 2ND LEVEL DECI COMMON 280 SF 2ND LEVEL NON-UNI1 FAR: 42 SF 2ND LEVEL NON-UNIZ FAR: 20 SF 2ND LEVEL DECK FREE MARKET: 152 SF a -SECOND LEVEL FAR 1 1 /16" = 1'-O" - -- U) F-- U W 2 U Q E W o LL 2ND LEVEL COMMERCIAL SPACE FAR: z z 534 SF U W J Q U 2ND LEVEL FREE MARKET FAR: 775 SF Z 0 Q Qw :E0 J = 20 W W O Z N ,;t U) Q A2.2 • 00 WEST ELEVATION 1 1 /8" = 1'-0" PROPOSED ELEVATION T.O. ROOF 138'-T T.O. PARAPET 128'-0" T.O.S. THIRD LEVEL �- 127'-0" T.O.S. SECOND LEVEL — - _ 115'-6" r T.O.S. MAIN LEVEL 100'-0" co U W U Q E W U LL C _ c Z Z U U) W J Q U Z 0 Q cl Q< :20 J = 20 w W oZ O � 0- dt Q A3 00 T.O. ROOF 138'-0" T.O. PARAPET 128'-0" T.O.S. THIRD LEVEL 12T-0" T.O.S. SECOND LEVEL_ 115'-6" T.O.S. MAIN LEVEL _ 100'-0" ALLEY 2 NORTH ELEVATION 1 /8 PROPOSED ELEVATION HYMAN AVE. MALL SOUTH ELEVATION �'J 1 /8" = 1'-0" T.O. ROOF LU 138'-0" U Q E T.O. PARAPET W O 128'-0" •� - T.O.S. THIRD LEVEL J,— — 3 127'-0" TZ U LLI J T.O.S. SECOND LEVEL T = 115'-6" U T.O.S. MAIN LEVEL 100'-0 Z o Q Q� 2 2O _ =O LLl w oZ O v a N U) Q 420 E. HYMAN AVE. � 0 HYMAN AVE. MALL HYMAN AVE. MALL n SOUTH ELVEVATION E. HYMAN AVE 1 " = 20'-0" NORTH ELEVATION E. HYMAN AVE. 20'-0" U) U 2 U Q E wO u LL LL c Z "• Z D U U) w J Q 2 U Z Q 75 uj O N A5 30'-0" ALLEY 8'-6" 8'-6" 11'-0" PROPERTY LINE 4-YD ROLLING DUMPSTER REAR LOADING 100"x78" (2) RECYCLING CANS 39"x34" EA. - -POTENTIAL ELECTRICAL PANELAREA T SERVICE AREA / PARKING PLAN 1/8 if = 1'-0" O N U Nr W o� U = o� � N O O � W° U W LU LL ~ ~ LL - Z Z r� z 8c) w 0 UJ _ J rn W W ao J a 0 U _O m � M z Q Q� _ =o W. uw Z ow o� ¢ N It ©,AP(WGNt CW SW FEM WTECTS HORIZONTAL WOOD SIDING METAL FASCIA - BRONZE COLOR HORIZONTAL WOOD low SIDING HORIZONTAL METAL - BANDING - BRONZE COLOR HORIZONTAL WOOD SIDING BANDING - BRONZE BRONZE COLOR HORIZONTAL WOOD SIDING HORIZONTAL METAL BANDING - BRONZE COLOR HORIZONTAL WOOD SIDING HORIZONTAL METAL BANDING - BRONZE COLOR STACKED CMU - BEIGE COLOR 420 E. HYMAN AVENUE RENDERED EXTERIOR ELEVATIONS L.VR I^III VV^LL- LvVV- REFLECTIVE, TRANSPARENT GLASS PANELS. BRONZE COLOR MULLIONS. CURTAINWALL - TRANSLUCENT GLASS PANELS. BRONZE COLOR FLZ;S SPANDREL PANELS. RONZE COLOR MULLIONS. CURTAINWALL - TRANSLUCENT GLASS PANELS. BRONZE COLOR MULLIONS. GLASS SPANDREL PAN BRONZE COLOR MULLIO . - REFLECTIVE, TRANSPARENT GLASS PANELS. BRONZE COLOR MULLIONS. CURTAINWALL - LOW - REFLECTIVE, TRANSPARENT GLASS PANELS. BRONZE COLOR MULLIONS. CURTAINWALL - TRANSLUCENT GLASS PANELS. BRONZE COLOR MULLIONS. CURTAINWALL - OPAQUE GLASS SPANDREL PANELS. BRONZE COLOR MULLIONS. CURTAINWALL - LOW - REFLECTIVE, TRANSPARE GLASS PANELS. BRONZ COLOR MULLIONS. CURTAINWALL - OPAQUE GLASS SPANDREL PANELS. BRONZE COLOR MULLIONS. CURTAINWALL - LOW - REFLECTIVE, TRANSPARENT GLASS PANELS. BRONZE COLOR MULLIONS. 0■ 1912 CHARLES CUNNIFFE ARCHITECTS f. - 41 v ----------- IT 4 TRANSLUCENT PLANE INDICATES OPPOSING WALL OF ADJACENT BUILDING ALONG ALLEY Ar. , 146111-ft 420 E. HYMAN AVENUE TRANSLUCENT PLANE INDICATES FRONT WALL OF ADJACENT BUILDING * I 190 1912 CHARLES CUNNIFFE ARCHITECTS 1: pop- u -000 i ar ri S i _ - CA r. I t r Al AV' AMML OL . _ JiCA '_,• _� C IL 1 pli Wi Park. --4-Z 40 Jll .L�v Ic EXHIBIT 6 I'-IO 0 IO 20 VICINITY MAP 1S - � �K. a•ri o�w d ALZEY mR R.O.B. OCK p )n t.• PAVED 8 8 F�ifB�B�li Plow a@li iiETi�i N 7 /, 7' )0.09 COAL pARAING STAIRS COOLER i /7inowoe 4 r r / a aR.7. the 4 i NECHANI CAL/UTILITY / Y HATCHED AREA N / o UILDINO ENCROACHES 0.1•/- 2 C i ASEI JOB O N0. 33063 / / TWO STORY W P BUILDING SIGN ENCROACHES c� WITH BASEMENT 8 YELLOW CAP / FLUSH WITH PAVERS N 73• 09'7j. N J3 OD'll'B 120.30. BAS/S BEARINGS / Nei 'A nla. OBII'E K^rer iiNW 30. O9. ROOF ss 7938,7 Iq YMA N AVgNUE ". BD' R.O. R. MA L L YELLOW CAP FLUSH WITH CONC. SE CORNER BLOCK BB LEGEND AND NOTES C) SURVEY MONUMENT I.5- DIAMETER ALUM DISK 25917 FLUSH WITH GRADE ❑ UTILITY BOX ♦ SURVEY CONTROL POSTED ADDRESS OVERHANG TITLE INFOWIA ION FURNISHED BY: NOW PROVIDED OR PERFORMED CASE NO. DATED: WATER LINE IN HYMAN AVE. ALL OTHER UTILITIES IN ALLEY. BUILDINO, FAIL SIGNS ASIGNS ENCROACH INTO LAYMAN AVE. R.O.W. ELEVATIONS BASED ON CITY GI MONUMENT 0-III EL-1900.67 1929 NVCD. PROPERTY SUBJECT TO -MAIN STREET VIEW PLANE-. THIS VIEW PLANE APPEARS TO BE ENCROACHED UPON / »TOLL• SPOT ELEVATION ZONED: CC ICOMERCIAL CORE) WITH HISTORIC OVERLAY M SETBACK REOUI REMEA FRONT, SIDE, REM THIS PROPERTY IS SITUATED IN ZONE "X- )AREAS DETERMINED TO BE OUTSIDE SOO-YEAR FLOOD PLAIN) AS SHOWN ON AR FLOOD INSURANCE RATE MPREPARED BOUT SIDE E.M.A., FOR M PITXIN COUNTY COLORADO, CONNITY-PANEL /AMBER OOD97CO20A C, EFFECTIVE DATE: ARE R, 1907 THIS PROPERTY LIES ENTIRELY INSIDE OF THE CITY OF ASPEN MUIFLOW HAZARD AREA AS DEFINED BY THE CITY OF ASPEN MASTER DRAINAGE PLAN, PROJECT NUMBER IM3, FIGURE £5-15. CERTIFICATION: THE UNDERSIGNED STATES THAT THE PROPERTY DESCRIBED HEREON WAS FIELD SURVEYED DURING AMD IS ACCURATE BASED ON THE FIELD EVIDENCE AS SHOWN A110 THAT THERE ARE NO DI SCREPAMCIES OF RECORD, BOUNDARY LIFE CONFLICTS, ENCROACHMENTS, EASEMENT? OR RIGHTS OF WAY IN FIELD EVIDENCE OR KNOWN TO ME EXCEPT AS HEREON SHORN. UNDERGROUND UTILITIES NI TH NO ARDVE6ROU D APPURTENANCES ADODOCUMENTS OF RECORD NOT SUPPLIED TO THE SURVEYOR ARE EID XCEPTED. THIS SURVEY IS VOID UNLESS NET STAMPED WITH THE SEAL OF THE SURVEYOR BELOW. SURVEY ERROR OF CLOSURE IS LESS THAN 1:15,000. DATED: JOHN M. HOWORTH P.L.S. 259A7 IMPROVEMENT SURVEY OF THE 'DUVIKE CONDOMINIUM' SITUATED ON: LOT 0 BLOCK BO CITY AND TOWN317E OF ASPEN CITY OF ASPEN COUNTY OF PITXIN STATE OF COLOIADO CONTAIN[NG: 0.059 ACRES, 3,009 50 FT •/- PREPARED BY ASPEN SURVEY ENGINEERS, INC. 210 SOUTH GALENA STREET ASPEN, COLORADO 81611 PHONE/FAX (970) 925-3816 DATE JOB 3112 IOI.A, CITY OF ASPEN WRETT PAID DSM REP NO. 2 Wv87 WHEN RECORDED RETURN TO: ! EXH I BIT 7 017y OF A6PEN HA�p PAID REP � Z NO.77g D 1% Name: CM, LLC Address: c/o Marolt LLP, 230 S. Mill Street Aspen, CO 81611 WARRANTY DEED 'PHIS DEED, made this 29th day of July, 2005, behveen The George A. Vicenzi Trust, dated April 6, 1996, as to an undivided 2/8th interest, Albert Kern, as to an undivided 3/8th interest, and William R. Dunaway, as to an undivided 3/8th interest of the said County of Pitkin and State of Colorado, grantor, and CM, LLC , a Colorado Limited Liability Company whose legal address is c/o Marolt LLP, 230 S. Mill Street, Aspen, CO 81611 of the said County of Pitkin and State of Colorado, grantee: WITNESSETH, that the grantor, for and in consideration of the sum of Ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the said County of Pitkin and State of Colorado described as follows: Units 101, 201, 202, 203, 301, 302, 303 and 304, DUVIKE CONDOMINIUM, according to the Condominium Map thereof recorded June 4, 1981 in Plat Book I 1 at Page 61 as Reception No. 233278, and as defined and described in the Condominium Declaration for Duvike Condominium recorded June 4, 1981 in Book 409 at Page 355 as Reception No. 233277. TOGETHER with non-exclusive, perpetual access as set forth in Agreement recorded May 20, 2003 as Reception No. 483036. County of Pitkin, State of Colorado also known by street and number as: 420 Fast Hyman Avenue, Aspen, CO 81611 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. Flle Nurn er: 43702-C2 Stewart Title of Aspen, Inc. Warranty Dced — Photographic Record (Individual) Page I of 513024 TRANSFER DECLARATION RECEIVED 08/01/2005 0 5 31111111111111111111111111111111111111111111111111111 12.016 SILVIA DAVIS PITKIN COUNTY CO R 16.00 0 380.00 TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except See Attached Exceptions The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. 1N WITNESS WHEREOF, the grantor has executed this deed on the datg set forth above. George A. Vi enzi, Trustee of The jeorgc A. Albert Kern, Vicenzi Trust, dated April 6, 1996, as to an undivided 2/8th i;'�' st Zw' William R. Dudaway, 'as to wTddivided 3/8th interest STATE OF Colorado COUNTY OF Pitkin undivided 3/8th interest The foregoing instrument was acknowledged before me this gtWl day of July, 2005, by George A. Vicenzi, Trustee of The George A. Vicenzi Trust, dated April 6, 1996, as to an undivided 2/8th interest, Albert Kern, as to an undivided 3/8th interest, and William R. Dunaway, as to an undivided 3/8th interest My commission expires Witness my hand and official seal. Notary Public: 0 Q AROLYNFIIeNumber: 437Q2•C2HRIDOE Stewart Title of Aspen, Inc. Wae Z o Deed — Photographic Record (Individual)�......��� g OF com MY Coa>tteW 01122l200) E • 6 13024 :3of 08//01 /2005 12 :01F `` I I I Illil I IIIII IIII IIIIlIIIiI� III �I II II SILVIA DAVIS PITKIN COUNTY CO R 16.00 0 380.00 EXHIBIT I EXCEPTIONS 1. Distribution utility easements (including cable TV). 2. Those specifically described rights of third parties not shown by the public records of which Buyer has actual knowledge and which were accepted by Buyer in accordance with paragraph 8b of contract For1n No. CBS 1-9-99 [Matters Not Shown by the Public Records]. 3. Inclusion of the Property within any special taxing district. 4. The benefits and burdens of any declaration and party wall agreements, if any. 5. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights, claims or title to water. 6. Taxes for the year 2005 and subsequent years not yet due and payable. 7. Exceptions and reservations as set forth in the Act authorizing the issuance of the Patent for the City and Townsite of Aspen recorded March 1, 1897 in Book 139 at Page 216 as Reception No. 60156. 8. Terms, conditions, obligations and provisions of Resolution No. 6 (Series of 1973) as set forth in instrument recorded April 3, 1973 in Book 274 at Page 217 as Reception No. 158616. 9. Terms, conditions, obligations and provisions of Statement of Exemption from Subdivision Regulation as set forth in instrument recorded June 4, 1981 in Book 409 at Page 353 as Reception No. 233276. 10. Terms, conditions, obligations, provisions and easements of Condominium Declaration for Duvike Condominium as set forth in instrument recorded June 4, 1981 in Book 409 at Page 355 as Reception No. 253277. 1 l . Easements, rights of way and other matters as shown and contained on Condominium Map of Duvike Condominiums recorded June 4, 1981 in Plat Book l l at Page 61 as Reception No. 253278. 12. Terms, conditions, obligations and provisions of Agreement between Walter Birk, Frank J. Woods, III, Walter Hampel, Jr., Larry Ferguson and Loma Alto Corporation, a Texas corporation and William R. Dunaway, Albert Kern and George Vicenzi as set forth in instrument recorded May 20, 2003 as Reception No. 483036. Flle Number: 43702-C2 Stewart Title or Aspen, Inc. Warranty Deed — Exhibit 1 (Exceptions) Page 1 of 2 0 0 EXHIBIT 8 Pitkin County Assessor Parcel Detail Information Assessor Property Search I Assessor Subset Query I Assessor Sales Search Clerk & Recorder Reception Search I Treasurer Tax Search Search GIS Map I GIS Help Basic Building Characteristics I Value Summary Parcel Detail I Value Detail I Sales Detail I Residential/Commercial Improvement Detail Owner Detail I Land Detail I Photographs Tax Account Parcel 2012 Mill Area Number Number Property Type Lev I 001 R010122 I2737073390201ICOMMERCIAL� 32.325 I Primary Owner Name and Address IDUVIKE INC IC/0 AERSCAPE LTD I 30 S MILL ST JASPEN, CO 81611 1 Additional Owner Detail Legal Description Subdivision: DUVIKE Unit: 101 Location Physical Address: 420 E HYMAN AVE ASPEN Subdivision: IFDUTIKE Land Acres: Land Sq FtJ 0 2012 Property Value Summary Actual Value Assessed Value Land: 0 0 improvements: 1,086,60011 315,110 Total: 1,086,600 315,110 0 Sale Date: Sale Price: Additional Sales Detail Basic Building Characteristics Number of Residential 0 Buildings: Number of Comm/Ind Buildings: 1 Commercial/Industrial Building Occurrence 0 Characteristics SPECIAL PURPOSE BSMT FIN: 1 697 ' Total Area: JF1,697 Property Class: 112245 Actual Year Built: 111972 Effective Yea 11985 Quality of Construction: GOOD -BASE Exterior Wall: GOOD BASE Interior Wall: GOOD -BASE Neighborhood: DUVIKE COMM CONDO "A" Top of Page Assessor Database Search Options Pitkin County Home Page The Pitkin County Assessor's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor's Offices are unable to warrant any of the information herein contained. Copyright © 2003 - 2012 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. • i Pitkin County Assessor Parcel Detail Information Assessor Property Search I Assessor Subset Query I Assessor Sales Search Clerk & Recorder Reception Search I Treasurer Tax Search Search GIS Map I GIS Help Basic Building Characteristics I Value Summary Parcel Detail I Value Detail I Sales Detail I Residential/Commercial Improvement Detail Owner Detail I Land Detail I Photographs Tax Account Parcel 2012 Mill I PropertyT e yP Area Number Number Levy JL_0011 R010123 1127370733902111COMMERCIAL132.325 11 Primary Owner Name and Address DUVIKE INC C/O AERSCAPE LTD 230 S MILL ST ASPEN, CO 81611 Additional Owner Detail Legal Description Subdivision: DUVIKE Unit: 201 Location Physical Address: 1420 E HYMAN AVE ASPEN Subdivision: JDUVIKE Land Acres: Land S Ft: 0 2012 Property Value Summary Actual Value Assessed Value Land: 0 0 improvements: 367,7001[ 106,630 Total: 367,700 1 106,630 0 0 Sale Date: Sale Price: Additional Sales Detail Basic Building Characteristics Number of Residential 0 Buildings: Number of Comm/Ind 1 Buildings: Commercial/Industrial Building Occurrence 0 Characteristics MERCH FIRST FLOOR: 249 Total Area: 1249 Pro e 12245 Actual Year Built: 11972 Effective Year Built: 11985 Quality of Construction: GOOD -BASE Exterior Wall: GOOD BASE Interior Wall: GOOD -BASE Neighborhood: DUVIKE COMM CONDO "A" Top of Page Assessor Database Search Options Pitkin County Home Page The Pitkin County Assessor's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor's Offices are unable to warrant any of the information herein contained. Copyright © 2003 - 2012 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. 0 • Pitkin County Assessor Parcel Detail Information Assessor Property Search I Assessor Subset OueiY I Assessor Sales Search Clerk & Recorder Reception Search I Treasurer Tax Search Search GIS May I GIS Help Basic Building Characteristics I Value Summary Parcel Detail I Value Detail I Sales Detail I Residential/Commercial Improvement Detail Owner Detail I Land Detail I Photographs Tax Account Parcel 2012 Mill Area Number Number Property T e 11 P yP Levy 001 R010124--1127370733902211COMMERCIALIJ 32.325 Primary Owner Name and Address DUVIKE INC _- C/O AERSCAPE LTD 230 S MILL ST ASPEN, CO 81611 Additional Owner Detail Legal Description Subdivision: DUVIKE Unit: 202 11 Location Physical Address.J1420 E HYMAN AVE ASPEN Subdivision: 11DUVIKE Land Acres: Land Sq Ft: 0 2012 Property Value Summary Actual Value Assessed Value Land: 0 0 Improvements: 534,60011 155,030 Total: 534,60011 155,030 0 0 Sale Date: Sale Price: Additional Sales Detail Basic Building Characteristics Number of Residential 0 Buildings: Number of Comm/Ind 1 Buildings: Commercial/Industrial Building Occurrence 0 Characteristics MERCH FIRST FLOOR: IF362 Total 1362 Property Class: 2245 Actual Year Built: 11972 Effective Year Built: 1985 Quality of Construction: GOOD -BASE Exterior Wall: JIGOOD BASE Interior Wall: GOOD -BASE Nei hborhood: DUVII�E COMM CONDO " A Ton of Page Assessor Database Search Options Pitkin County Home Page The Pitkin County Assessor's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor's Offices are unable to warrant any of the information herein contained. Copyright © 2003 - 2012 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. • Pitkin County Assessor Parcel Detail Information Assessor PropeM Search I Assessor Subset OueiY I Assessor Sales Search Clerk & Recorder Reception Search I Treasurer Tax Search Search GIS Map I GIS Help Basic Building Characteristics I Value Summary Parcel Detail I Value Detail I Sales Detail I Residential/Commercial Improvement Detail Owner Detail I Land Detail I Photographs Tax Account Parcel 2012 Mill Area Number Number--] Property Type 11 P yP Levy J=F R010125 ]F27370733902311COMMERCIALI 32.325 Primary Owner Name and Address DUVIKE INC IC/0 AERSCAPE LTD I 30 S MILL ST ASPEN, CO 81611 Additional Owner Detail Legal Description Subdivision: DUVIKE Unit: 203 Location Physical Address: 420 E HYMAN AVE ASPEN Subdivision: 11DUVIKE Land Acres: Land S Ft: 0 2012 Property Value Summary �—F Actual Value Assessed Value Land: 0 Improvements: 1,191,700 345,590 Total: 1,191,700 345,590 Sale Date: Sale Price: Additional Sales Detail Basic Building Characteristics Number of Residential 0 Buildings: 1 Number of Comm/Ind 1 Buildings: Commercial/Industrial Building Occurrence 0 Characteristics MERCH FIRST FLOOR: 11807 Total Area: I 807 Property Class: 112245 Actual Year Built: 11972 Effective Year Built: 11985 Quality of Construction: GOOD -BASE Exterior Wall: JIGOOD BASE Interior Wall: GOOD -BASE Neighborhood: 11DUVIKE COMM CONDO " A Ton of Page Assessor Database Search Options Pitkin County Home Page The Pitkin County Assessor's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor's Offices are unable to warrant any of the information herein contained. Copyright © 2003 - 2012 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. i • Pitkin County Assessor Parcel Detail Information Assessor Property Search I Assessor Subset OuerX I As>L;or Sales Search Clerk & Recorder Reception Search I Treasurer Tax Search Search GIS Map j GIS Help Basic Building Characteristics I Value Summary Parcel Detail I Value Detail I Sales Detail I Residential/Commercial Improvement Detail Owner Detail I Land Detail I Photographs Tax Account Parcel 2012 Mill Property Type P tY yP Area Number Number Levy J=F R010126 ]ff7T0733902411COMMERCIAgj 32.325 Primary Owner Name and Address IDUVIKE INC C/O AERSCAPE LTD 230 S MILL ST ASPEN, CO 81611 Additional Owner Detail Legal Description Subdivision: DUVIKE Unit: 301 Location Physical Address: 420 E HYMAN AVE ASPEN Subdivision: IDUVIKE Land Acres: Land Sq Ft: 0 2012 Property Value Summary Actual Value 11 Assessed Value Land: 0 improvements: 550,100 159,530 Total: 550,100 159,530 • Sale Date: Sale Price: Additional Sales Detail Basic Building Characteristics Number of Residential Buildings: I Fo Number of Comm/Ind 1 Buildings: Commercial/Industrial Building Occurrence 0 Characteristics MERCH SECOND FLOOR: 672 Total Area: 672 Property Class: 2245 Actual Year Built: 11972 Effective Year Built: 1985 Quality of Construction: GOOD -BASE Exterior Wall: GOOD BASE Interior Wall: AVERAGE Nei hborhood: DUVIKE COMM CONDO The Pitkin County Assessor's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor's Offices are unable to warrant any of the information herein contained. Copyright © 2003 - 2012 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. i 0 • Pitkin County Assessor Parcel Detail Information Assessor Property Search J Assessor Subset Query I Assessor Sales Search Clerk & Recorder Reception Search I Treasurer Tax Search Search GIS May I GIS Help Basic Buildinc Characteristics I Value Summary Parcel Detail I Value Detail I Sales Detail I Residential/Commercial Improvement Detail Owner Detail I Land Detail I Photographs Tax Account Parcel 2012 Mill Area Number Number pro er Type P Ty yP Levy 001I R010127 273707339025 COMMERCIAL 1 32.325 Primary Owner Name and Address DUVIKE INC C/O AERSCAPE LTD 230 S MILL ST ASPEN, CO 81611 Additional Owner Detail Legal Description Subdivision: DUVIKE Unit: 302 Location Physical Address.J1420 E HYMAN AVE ASPEN Subdivision: IFDUTIKE Land Acres: Land Sq Ft: 0 2012 Property Value Summary Actual Value 11 Assessed Value Land: I I 0 improvements: 1 257,9001 74,790 Total: F 257,900 74,790 9 0 Sale Date: Sale Price: Additional Sales Detail Basic Building Characteristics Number of Residential 0 Buildings: Number of Comm/Ind 1 Buildings: Commercial/Industrial Building Occurrence 0 Characteristics MERCH SECOND FLOOR: IF315 Total 1315 Pro e 12245 Actual Year Built: 1972 Effective Year Built: 111985 Quality of Construction: GOOD -BASE Exterior Wall: GOOD BASE Interior Wall: AVERAGE Neighborhood: DUVIKE COMM CONDO "A" Top of Page Assessor Database Search Options Pitkin County Home Page The Pitkin County Assessor's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor's Offices are unable to warrant any of the information herein contained. Copyright © 2003 - 2012 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. s • Pitkin County Assessor Parcel Detail Information Assessor Property Search I Assessor Subset Query I Assessor Sales Search Clerk & Recorder Reception Search I Treasurer Tax Search Search GIS Map I GIS Help Basic Building Characteristics I Value Summary Parcel Detail I Value Detail I Sales Detail I Residential/Commercial Improvement Detail Owner Detail I Land Detail I Photographs Tax Account Parcel 2012 Mill Area Number Number Property Type 11 Levy J=F R010128 ][27370733902611COMMER�ALJ 32.325 Primary Owner Name and Address IDUVIKE INC C/O AERSCAPE LTD 230 S MILL ST ASPEN, CO 81611 Additional Owner Detail Legal Description Subdivision: DUVIKE Unit: 303 Location Physical Address: 420 E HYMAN AVE ASPEN Subdivision: JDUVIKE Land Acres: Land Sq Ft: 0 2012 Property Value Summary IFActual Value Assessed Value Land: 11 0 Improvements: 249,700 72,410 Total: 11 249,700 72,410 Sale Date: Sale Price: Additional Sales Detail Basic Building Characteristics Number of Residential 0 Buildings: Number of Comm/Ind 1 Buildings: Commercial/industrial Building Occurrence 0 Characteristics MERCH SECOND FLOOR: IF305 Total Area: 305 Property Class: 112245 Actual Year Built: 111972 Effective Year Built: 1985 Quality of Construction: GOOD -BASE Exterior Wall: IGOOD BASE Interior Wall: AVERAGE Neighborhood: DUVIKE COMM CONDO "A" Top of Page Assessor Database Search Options Pitkin County Home Page The Pitkin County Assessor's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor's Offices are unable to warrant any of the information herein contained. Copyright © 2003 - 2012 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. 0 • Pitkin County Assessor Parcel Detail Information Assessor Proper Search I Assessor Subset Query I Assessor Sales Search Clerk & Recorder Reception Search I Treasurer Tax Search Search GIS Map I GIS Help Basic Building Characteristics I Value Summary Parcel Detail I Value Detail I Sales Detail I Residential/Commercial Improvement Detail Owner Detail I Land Detail I Photographs Tax Account Parcel 2012 Mill Property Type i Area Number Number Levy J=F R010129 JF2737073392L7]ICOMMERCIALIJ 32.325 11 Primary Owner Name and Address IDUVIKE INC C/O AERSCAPE LTD 230 S MILL ST ASPEN, CO 81611 Additional Owner Detail Legal Description Subdivision: DUVIKE Unit: 304 Location Physical Address.J1420 E HYMAN AVE ASPEN Subdivision: IFDUVIKE Land Acres• Land Sq Ft: 0 2012 Property Value Summary Actual Value Assessed Value Land: 01 0 Improvements: 248,90011 72,180 Total: 11 248,900 72,180 Sale Date: Sale Price: Additional Sales Detail Basic Building Characteristics Number of Residential 0 Buildings: Number of Comm/Ind 1 Buildings: CommerciaVIndustrial Building Occurrence 0 Characteristics MERCH SECOND FLOOR: 1304 Total Area: 304 Property Class: 2245 Actual Year Built: I1972 Effective Year Built: I F19-85— Quality of Construction: GOOD -BASE Exterior Wall: GOOD BASE Interior Wall: AVERAGE Neighborhood: DUVIKE COMM CONDO "A" Top of Page Assessor Database Search Options Pitkin County Home Page The Pitkin County Assessor's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor's Offices are unable to warrant any of the information herein contained. Copyright C 2003 - 2012 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. • Pitkin County Assessor Parcel Detail Information Assessor Property Search I Assessor Subset Ouejy I Assessor Sales Search Clerk & Recorder Reception Search I Treasurer Tax Search Search GIS May I GIS Help Basic Building Characteristics I Value Summary Parcel Detail I Value Detail I Sales Detail I Residential/Commercial Improvement Detail Owner Detail I Land Detail I Photographs Tax Account Parcel property Type 2012 Mill Area Number Number I I Lev 001 R020776 273707339801 C AAA!]F 32.325 Primary Owner Name and Address )UVIKE CONDO ASSOC 'OMMON AREA 20 E HYMAN AVE LSPEN, CO 81611 Additional Owner Detail Legal Description Subdivision: DUVIKE DESC: COMMON AREA Location Physical Address: 420 E HYMAN AVE ASPEN Subdivision: IDUVIKE Land Acres: Land Sq Ft: 0 2012 Property Value Summary 11 11 Actual Value 11 Assessed Value 11 Land -]I 0�1 01 Improvements: OF 0 0 0 II Dotal: L OIl OI Sale Date: Sale Price: Additional Sales Detail Basic Building Characteristics Number of Residential 0 Buildings: Number of Comm/Ind 0 Buildings: No Building Records Found Top of Page Assessor Database Search Options Pitkin County Home Page The Pitkin County Assessor's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor's Offices are unable to warrant any of the information herein contained. Copyright © 2003 - 2012 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. 11 EXH I BIT 9 March 7, 2012 Sara Adams Senior Planner Aspen Community Development 130 S Galena Street Aspen, Colorado 81611 Dear Sara: Charles Cunniffe Architects, P.C. is hereby authorized to act as the designated and approved representative with respect to my Land Use Application for the property located at 420,fgst Hyman Avenue, Aspen, Colorado. Sincerely, ////// Duvike Inc. By John Martin, Managing Member EXHIBIT 10 A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) GRANTING MAJOR DEVELOPMENT (CONCEPTUAL), COMMERCIAL DESIGN STANDARD REVIEW (CONCEPTUAL), DEMOLITION, AND VARIANCE OF TRASH/UTILITY/RECYCLE SERVICE AREA DIMENSIONS THE PROPERTY LOCATED AT 420 EAST HYMAN AVENUE LOT O, BLOCK 88, DUVIKE CONDOMINIUMS, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION # 17, SERIES OF 2012 PARCEL ID: 2737-037-39-020 THRU -027 AND 2737-073-39-801 WHEREAS, the applicant, Duvike Inc., has requested Major Development (Conceptual), Conceptual Commercial Design Standard Review, Demolition, and a variance of the Trash/Utility/Recycle service area dimensions for the property located at 420 Fast Hyman Avenue, Lot O, Block 88, City and Townsite of Aspen, Colorado; and WHEREAS, 420 East Hyman Avenue is located within the Commercial Core Historic District and is not considered a contributing building to the integrity of the Historic District; and WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or district until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review;" and WHEREAS, for Conceptual Major Development Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.D.3.b.2 and 3 of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, for Conceptual Commercial Design Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen Commercial, Lodging and Historic District Design Objectives and Guidelines per Section 26.412.040.A.2, Commercial Design Standards Review Procedure, of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, in order to authorize a Demolition, according to Section 26.415.080, Demolition of designated historic properties, it must be demonstrated that the application meets any one of the following criteria: RECEPTION#: 591420, 08/16/2012 at 11:15:04 AM, 1 of 3, R $21.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO 420 East Hyman Avenue HPC Resolution #17, Series of 2012 Page 1 of 3 0 • a. The property has been determined by the city to be an imminent hazard to public safety and the owner/applicant is unable to make the needed repairs in a timely manner, b. The structure is not structurally sound despite evidence of the owner's efforts to properly maintain the structure, C. The structure cannot practically be moved to another appropriate location in Aspen, or d. No documentation exists to support or demonstrate that the property has historic, architectural, archaeological, engineering or cultural significance, and Additionally, for approval to demolish, all of the following criteria must be met: a. The structure does not contribute to the significance of the parcel or historic district in which it is located, and b. The loss of the building, structure or object would not adversely affect the integrity of the historic district or its historic, architectural or aesthetic relationship to adjacent designated properties and C. Demolition of the structure will be inconsequential to the historic preservation needs of the area; and WHEREAS, for approval of reduction of trash/utility/service area dimensions, a staff analysis report and the evidence presented at a hearing to determine, per Section 26.575.060.B and Section 26.430 of the Municipal Code, that the reduction: 1. There is a demonstration that, given the nature of the potential uses of the building and its total square footage, the utility/trash/recycle service area proposed to be provided will be adequate. 2. Access to the utility/trash/recycle service area is adequate. 3. Measures are provided for enclosing trash bins and making them easily movable by trash personnel. 4. When appropriate, provisions for trash compaction are provided by the proposed development and measures are taken to encourage trash compaction by other development in the block. 5. The area for public utility placement and maintenance is adequate and safe for the placement of utilities. 6. Adequate provisions are incorporated to ensure the construction of the access area. WHEREAS, Sara Adams, in her staff report to HPC dated July 25, 2012 performed an analysis of the application based on the standards, found that the review standards had not been met, and recommended continuation; and WHEREAS, at their regular meeting on July 25, 2012, continued from June 27, 2012, the Historic Preservation Commission considered the application during a duly noticed public 420 East Hyman Avenue HPC Resolution # 17, Series of 2012 Page 2 of 3 0 • hearing, the staff memo and public comments, and found the proposal consistent with the review standards and recommended approval with conditions by a vote of three to two (3 - 2). NOW, THEREFORE, BE IT RESOLVED: That HPC hereby grants HPC Major Development (Conceptual), Conceptual Commercial Design Standard Review, Demolition, and a variance of Trash, Utility and Recycle Area Dimensions for the property located.at 420 East Hyman Avenue, Lot O, Block 88, City and Townsite of Aspen, Colorado with the following conditions: 1. The height of the building is limited to 38 feet. 2. The third floor has a 15 feet setback from Hyman Avenue. 3. Utility/Trash/Recycle Service Area is approved as designed. 4. Off -site Public Amenity is approved subject to Parks Department approval. 5. A full review of mass and scale with materials shall occur at Final HPC Review. 6. A development application for a Final Development Plan shall be submitted within one (1) year of the date of approval of a Conceptual Development Plan. Failure to file such an application within this time period shall render null and void the approval of the Conceptual Development Plan. The Historic Preservation Commission may, at its sole discretion and for good cause shown, grant a one-time extension of the expiration date for a Conceptual Development Plan approval for up to six (6) months provided a written request for extension is received no less than thirty (30) days prior to the expiration date. APPROVED BY THE COMMISSION at its regular meeting on the 25`h day of July, 2012. Approved as to Form: Debbie Quinn, Assistant City Attorney ATTEST: Kathy Strickland, Chief Deputy Clerk Ann Mullins, Chair 420 East Hyman Avenue HPC Resolution 417, Series of 2012 Page 3 of 3 A RECEPTION#: 594287, 11/2012 at EXH BIT 11 09:55:21 AM, 1 OF 3, R $21.00 Doc Code RESOLUTION A RESOLUTIO Janice K. Vos Caudill, Pitkin County, CO HISTORICE ASPEN PRESERVATION COMMISSION (HPC) AMENDING UPC RESOLUTION NUMBER 17 D OF 2012 G (CONCEPTUAL), DEMOLITION, AND VARIANCE RANTING MAJOR DEVELOPMENT (CONCEPTUAL) DESIGN STANDARD REVIEW SERVICE AREA DIMENSIONS FOR THE PROPERTTR`4'SH/UTILITYY LOCATED HYMAN AVENUE LOT O, BLOCK 88, DUVIKE CO RECYCLE TOWNSITE OF ASPEN, COLORADO INIUMS, CITT EAST Y AND RESOLUTION # 28, SERIES OF 2012 PARCEL ID: 2737-037-39-020 THRU -027 AND 2737-073-39-801 WHEREAS, S, the applicant, Duvike Inc., requested ConceptualCommercial Design Standard Review, Major Development Trash/Utility/Recycle service area dimensions for the Demolition, and a (Conceptual), Avenue, Lot /R Block 88, City variance of the y and Townsite of Aspen, property located at 420 East Hyman P ,Colorado; and WHEREAS, 420 East Hyman Avenue is located within and is not considered a contributing building to the rote rit o the Commercial Core Historic District WHEREAS, Section 26.415.070 of the 1�1 g y f the Historic District; and shaI1 be erected, constructed, enlarged Municipal Code states that "no building designated historic property , altered, repaired, relocated or improved involving a d the Community y or district until plans or sufficient information have been sub ty Development Director and a g a established for their review approved in accordance with the procedures ," and WHEREAS, for Conceptual Major Development Review, a staff analysis report and the evidence presented at a hearing conformance with the City h Aspen Hi ,the HPC must review the application 26.415.070.D.3.b.2 anng to determine the project's and 3 of the Municipal Code and rhea applicable gn Guidelines may approve, disapprove a Code Sections.eT eeHPC additional information recess approve with conditions or continue the applicationnecessary to obtain WHEREAS, for Conceptual Commercial Design Review, y' and a staff analysis report and the evidence presented at athea PC conformance must review the application, Objectives and Guidelines the City of Aspen Commercial, Lodgingiring to determine the Guidelines and Historic District pD sign Procedure, of the Municipal and otherla •040.A.2 Commercial Design Standards Review disapprove, approve with conditions or continuetheale Code Sections. necessary to make a decision to a The HPC may approve, approve or den application to obtain additional information y; and 420 East Hyman Avenue (Remand Amendment) HPC Resolutions # 28, Series of 2012 2 Page] of 3 des ghaR SAS, in order to authorize a D Properties, it must be o]ition, accordin wing criteria: Pert'e de g to monstrated that the Section 26.415.080 a. The pro application meets Demolition of safety and Property has been dete any one of the b manner the owner/aPPlicantned n by the cityto ' is una bean i The structure ' able to make the rriMinent hazard C. properly maintain°t structurally sound needed repairs ;n to public structure the structure, despite evide a timely cannot practically be nce of the d. NO Aspen, or owner's efforts to to moved to another architect rnentation exists Ural, archaeological, al Support appropriate location i aeological or demonstrate n Additional) ' engineering that the for a g or cultural si Property has zzj roval to gnificaPro historic, a. The st demolish all of ncO, and structure doe the followi❑ criteri district in snot con a must be b' The loss ch f the it is located, and to the significance met: in of the buildIng) of the parcel historic structure orto adjacent strict object or historic C. designated °r its historic Would not Demolition of the Properties and ' architectural adversely affect the needs of the structure will b a] °r aesthetic area; and a incorelationship WHEREAS "sequential to the historic report 'for aPProval o f reduction of Preservation Sectionand the evidence ation 26•43p oevid Presented at trash/utilit / Munici a hearing Y service area di 1the Pal Code, that t g to dete mensio There is a de he reduction: rMIne, Per Sectio ns, a staff den, n 26.575 analysis total square 060. and 2 adequate. footage, the ut litty/gt ash/ en he nature of the 8 Access tot recycles Potential uses 3• Measures r utili service area of the buildin are h'/trash/recycle Proposed to be g and its personnel. Provided for ecycle s rvice area is adequate. Provided will be 4. Whe g tras quate. n aPPro h bins and Makin development priate, provisions g them Basil develo and measures trash co Y movable by trash or 5. The Pment in the bloc are taken MPaction are area for public k to encourage trash by the Placement of utility place Proposed '• Adequateutilities. meet and ash compaction provisions Maintenance by other "REAS aM are incorporated to �s adequate and safe for t Sara Ad ensure the const he application based on 'n her staff report to ruction of mended c the standards, found that the access area. ontinuatio HPC dated Jul n; and at the reviewy 25' 2012 performed standards had an anal not been analysis n met, and 420 East N an Avenue (Remand HPC Resolutio Amend n # 28, Series o f e 01- _ ^2012 • WHEREAS, at their regular meeting on July 25, 2012, continued from June 27, 2012, the Historic Preservation Commission considered the application during a duly noticed public hearing, the staff memo and public comments, and found the proposal consistent with the review standards and recommended approval with conditions by a vote of three to two (3 - 2). WHEREAS, at their regular meeting on August 13, 2012 City Council was provided notice of call up and voted to call- up HPC Resolution number 17, 2012 in accordance with Municipal Code Section 26.412.040.B; and WHEREAS, at their regular meeting on August 27, 2012 City Council voted to remand the project back to HPC for reconsideration of mass and scale; and WHEREAS, Sara Adams, in her staff report to HPC dated November 14, 2012 performed an analysis of the application based on the standards, found that the review standards had not been met, and recommended continuation; and WHEREAS, at their regular meeting on November 14, 2012, the Historic Preservation Commission reconsidered the mass and scale of the application during a duly noticed public hearing, the staff memo and public comments, and found the proposal consistent with the review standards and recommended approval with conditions by a vote of four to zero (4 — 0). NOW, THEREFORE, BE IT RESOLVED: That HPC hereby amends HPC Resolution Number 17, Series of 2012 for the property located at 420 East Hyman Avenue, Lot O, Block 88, City and Townsite of Aspen, Colorado with the following conditions: 1. The approval and conditions granted pursuant to HPC Resolution Number 17, Series of 2012 are valid, with the exception of the amendments specified herein. 2. Condition 5 of HPC Resolution 17, Series of 2012 is hereby omitted. 3. The mass and scale is approved as represented in the application. APPROVED BY THE COMMISSION at its regular meeting on the 14"' y of Nov ber, 2012. Approvyd as -to Form Ann lullins, Chair Debbie Quinn, Assistant City Attorney ATTF6T: _ Kathy St iekland, Chief Deputy Clerk 420 East Hyman Avenue (Remand Amendment) HPC Resolution # 28, Series of 2012 Page 3 of 3 easy Few LagelS Use AveryO Template 51600 ' 305-7 MILL STREET LLC 412 N PAULINA CHICAGO, IL 60622 517 EAST HOPKINS AVENUE LLC 517 E HOPKINS AVE ASPEN, CO 81611 ASPEN FILM 110 E HALLAM ST #102 ASPEN, CO 81611 BARNETT-FYRWALD HOLDINGS INC 500 PRESIDENT CLINTON AVE #310 LITTLE ROCK, AR 722011760 BLAU JEFF T C/O RELATED COMPAINES 60 COLUMBUS CIRCLE FL 19 NEW YORK, NY 10023 CARLSON BRUCE E TRUST PO BOX 3587 ASPEN, CO 81612 COLLINS BLOCK LLC 205 S GALENA ST ASPEN, CO 81611 COTTONWOOD VENTURES II LLC ATTN JANA FREDERICK 300 CRESCENT CT #1000 DALLAS, TX 75201 DENSON JAMES D PO BOX 1614 TUBAC, AZ 85646 i A Bend along line to �d Paper expose Pop-up EdgeTI^ 400 HYMAN LLC 6829 QUEENFERRY CIR BOCA RATON, FL 33496 AP RT 29 LLC 418 E COOPER AVE #207 ASPEN, CO 81611 ASPEN FIRE PROTECTION DISTRICT 420 E HOPKINS AVE ASPEN, CO 81611 BENTLEYS AT THE WHEELER PO BOX 10370 ASPEN, CO 81612 BPOE ASPEN LODGE #224 210 S GALENA ST #21 ASPEN, CO 81611 CHARLIES COW COMPANY LLC 315 E HYMAN AVE ASPEN, GO 81611 COLORADO CABLE 500 PRESIDENT CLINTON AVE #310 LITTLE ROCK, AR 72201 COX JAMES E & NANCY C/O KRUGER & CO 400 E HYMAN AVE ASPEN, CO 81611 DOLE MARGARET M 400 E HYMAN AVE #302 ASPEN, CO 816111989 FIERCELY LOCAL FOOTLOOSE MOCCASIN MAKERS INC 328 E HYMAN AVE C/O MANUEL GOUVEIA ASPEN, CO 81611 44 SILVERADO CT. CANON CITY, CO 81212 EXHIBIT 12 409 EAST HYMAN LLC 63 FOX PROWL CARBONDALE, CO 81623 ARCADES ASSOCIATES LTD LLC C/O KRUGER & CO 400 E HYMAN AVE ASPEN, CO 81611 AVH ONION VENTURES II LLC 8.208 601 E HYMAN AVE ASPEN, CO 81611 BIDWELL BERT INVESTMENT CORP 2870 PEACHTREE RD #427 ATLANTA, GA 30305 BRAND BUILDING LLC 205 S GALENA ST ASPEN, CO 81611 CITY OF ASPEN ATTN FINANCE DEPT 130 S GALENA ST ASPEN, CO 81611 COTTONWOOD VENTURES II LLC 419 E HYMAN AVE ASPEN, CO 81611 DCGB LLC ATT GIORGIO RIGHETTI CFO 610 WEST 52 ST NEW YORK, NY 10019 F & M VENTURES LLC C/O MORRIS & FYRWALD RE 415 E HYMAN AVE ASPEN, CO 81611 G&KLAND COLLC; 140 PITKIN MESA DR ASPEN, CO 81611 :tiquettes faciles h peler I A Repliez h la hachure afin de tfill—, le n kh + A%ICDVO C44A® i Sens de _,..�,_.. �_ � � _._111 www.avery.com Lasy Peel" Labels Use Avery© Template 5160 ® 02fiEffm fiend along line to - • S A��� ��5160@ d Paper "' expose Pop-up Edge' GLENROY PARTNERS 2.9% PO BOX 2157 SANTA CRUZ, CA 95063 GRIFFITH LARRY R 19794 ESCADA CT REDDING, CA 96003 HORSE ISLAND LLC 415 E HYMAN AVE #16 ASPEN, CO 81611 ISIS GROUP C/O COURTNEY LORD 631 W BLEEKER ST ASPEN, CO 81611 KAUFMAN GIDEON I C/O KAUFMAN & PETERSON 315 E HYMAN AVE #305 ASPEN, CO 81611 LEVY LAWRENCE F & CAROL 980 N MICHIGAN AVE #400 CHICAGO, IL 60611 MASON & MORSE INC 514 E HYMAN AVE ASPEN, CO 81611 NH ONION VENTURES II LLC 16.918% 601 E HYMAN AVE ASPEN, CO 81611 RED ONION INVESTORS LLC 65.784% 418 E COOPER ST #207 ASPEN, CO 81611 SILVER SLAM COMMERCIAL LLC C/O RELATED COMPANIES/ JEFF BLAU 60 COLUMBUS CIR NEW YORK, NY 10023 GODIVA HOLDINGS LLC 435 E MAIN ST ASPEN, CO 81611 HALL CHARLES L PO BOX 1819 ASPEN, CO 81612 HYMAN MALL COMMERCIAL CONDOS LLC 290 HEATHER LN ASPEN, CO 81611 KANDYCOMINC 766 SINGING WOOD DR ARCADIA, CA 91006 KOPP AMELIA L TRUST 1000 DOLORES WY #B CARBONDALE, CO 81623 LINDNER ERIKA L REV TRUST 50% 66966 TEN PEAKS CT BEND, OR 97701-9277 MILL STREET PLAZA ASSOC LLC C/O M&W PROPERTIES 205 S MILL ST #301A ASPEN, CO 81611 OSA TRUST 50% C/O KREVOY SUSANNE BELZBERG 2311 LA MESA DR SANTA MONICA, CA 90402 RG ONION VENTURES II LLC 4% 601 E HYMAN AVE ASPEN, CO 81611 SLAM COMMERCIAL LLC 2100 E MAPLE RD #200 BIRMINGHAM, MI 48009 GORDON DAVID F & LETICIA LLC C/O JOE RACZAK/NORTH OF NELL MGT 555 E DURANT ASPEN, CO 81611 HINDERSTEIN FAM REV TRUST 4415 HONEYMOON BAY RD GREENBANK, WA 98253 ISIS BUILDING LLC 205 S MILL ST # 301A ASPEN, CO 81611 KANTZER TAYLOR M FAM TRST #1 216 SEVENTEENTH ST MANHATTAN BEACH, CA 90266 KREVOY SUSANNE SEPARATE PROP TRST 50% 2311 LA MESA DR SANTA MONICA, CA 90402 LOMA ALTA CORPORATION PO BOX 886 LANCASTER, TX 75146-0886 MTN ENTERPRISES 80B C/O HILLIS OF SNOWMASS PO BOX 5739 EAGLE, CO 816315739 P & L PROPERTIES LLC 101 S 3RD ST #360 GRAND JUNCTION, CO 81501 SH ONION VENTURES II LLC 2.19% 601 E HYMAN AVE ASPEN, CO 81611 SLAM RESIDENTIAL LLC 2100 E MAPLE RD STE 200 BIRMINGHAM, MI 48009 Etiquettes faciles A peter I A Repllez h la hachure afln de i wvvw.avery.com I Itwca7 la nnharit awrizvO Sitin® I . Sens de n,.......i.�r I 4 onn r_� A%tCnv easy Neel` Labels UNe Avery© Template 5160(9 'YOLK PLAZA LLC 995 COWEN DR #201 CARBONDALE, CO 81623-1657 WELLS FARGO BANK C/O THOMSON PROPERTY TAX SERVICES PO BOX 2609 CARLSBAD, CA 92018 WHEELER SQUARE - CASPER FAMILY LLC 315 E HYMAN ASPEN, CO 81611 ZUPANCIS ROBERT L 30.621% 509 RACE ST ASPEN, CO 81611 A I Bend along line to i 0 d Paper expose Pop-up EdgeT111 A VOLK RICHARD W TRUSTEE CIO RICHARD W VOLK MANAGER 2327 MIMOSA DR HOUSTON, TX 77019 WENDELIN ASSOC 150 METRO PARK ROCHESTER, NY 14623 WILLIAMS DEXTER M 82 W LUPINE DR ASPEN, CO 81611 AVERY(@ 51G0® 1.J � WALL JANET REV TRUST 9762 BURNLEY PL BEVERLY HILLS, CA 90210 WHEELER BLOCK BUILDING LLC TKG MANAGEMENT INC CIO 211 N STADIUM BLVD STE 201 COLUMBIA, MO 65203 WOODS FAMILY LP PO BOX 11468 ASPEN, CO 81612 Etiquettes faciles A peler I A Repfiez h la hachure afin de I www.avery.com I itillcnv to —1—i♦ MICOVE) c9Gn® I Sens de 1....,.1..,..,J o.......,1�r I e onn cn n%icov 1 C CA CHARLES CUNNIFFE ARCHITECTS February 15, 2013 Ms. Amy Guthrie City of Aspen Historic Preservation Officer 130 South Galena Street Aspen, CO 81611 RE: GMQS Review and Associated Growth Management Allotments for 420 E. Hyman Avenue, Aspen (Lot O, Block 88, City and Townsite of Aspen; PID #2737-073-39-020 thru -027 and 2737-073-39-801) Dear Amy; Please consider this letter and the accompanying plans prepared by Charles Cunniffe Architects (CCA) as a formal request for Growth Management Review and the granting of the associated Growth Management allotments for 1,000 sq. ft. additional commercial space in the redeveloped Zocalito Building located at 420 E. Hyman Avenue. The property is legally described as Lots O, Block 88, City and Townsite of Aspen. It is a 3,009 square foot lot in the Commercial Core (CC) Zone District, Sincerely, Charles Cunniffe, AIA EXHIBIT 1 Date: February 15, 2013 Project: 420 E Hyman Building Property Address: 420 E Hyman Avenue, Aspen, CO 81611 Legal Description: Lot O, Block 88, City and Townsite of Aspen Parcel I.D. #'s.: 2737-073-39-020 Thru -027 and 2737-073-39-801 PROJECT OVERVIEW: A. Project Description: This land use application anticipates the demolition of the existing building. The property is located within the Commercial Core Historic District, but is not a designated landmark. The redevelopment proposal is for a three story mixed -use building above grade, and a full basement. The building will be comprised of commercial space at the basement, first and second levels, two affordable studio units of 508 net livable sq. ft. and 516 net livable sq. ft. at the second level, an affordable two bedroom unit of 950 net livable sq. ft. split between the second and third levels, and a 1,838 net livable sq. ft. free-market split-level unit at the second and third levels. The above grade commercial area will be less than the 2.0:1 allowable area of 6,018 sq. ft. for this 3,009 sq. ft. lot. Two covered parking spaces and a 1 Ox20 trash utility area are to be provided with alley access. The applicant is seeking an allotment of 1,000 square feet (987 square feet exact) of Net Leasable Area (NLA) and intends to add it to the basement, main level, and second level commercial spaces and will satisfy associated affordable housing mitigation requirements with new affordable housing on site, although the replacement requirement for multi -family housing will be more stringent. B. Previous Approvals: 1. Pursuant to Resolution No. 17, Series of 2012, the HPC granted Major Development (Conceptual) Commercial Design Standard Review (Conceptual), Demolition, and Variance of Trash/Utility/Recycle Service Area Dimensions approvals for the property. (Exhibit 10) 2. Effect of the City Council call up. The Aspen City Council called up the HPC Conceptual Approval for review of mass and scale. On August 27, 2012, the City Council remanded the conceptual approval back to HPC for reconsideration of approval to finalize mass and scale. The HPC reviewed revised drawings and documents that accommodated the HPC and City Council's concerns and approved the conceptual submittal again with amendment pursuant to Resolution No. 28, Series of 2012. 3. Pursuant to Resolution No. 28, Series of 2012, the HPC granted amendment to Resolution # 17, Series of 2012 - Major Development (Conceptual) Commercial Design Standard Review (Conceptual), Demolition, and Variance of Trash/Utility/Recycle Service Area Dimensions approvals for the property. (Exhibit 1 1) 420 East Hyman Avenue Overview & Land Use Sections GMQS Application Aspen, Colorado Page 1 of 15 February 15, 2012 LAND USE SECTIONS: (Chapter 26.470: GMQS & Chapter 26.480: Subdivision) C. Following is an explanation of how the proposed development complies with the GMQS Guidelines: Review Requirements Growth management review is necessary to obtain allocations for the additional residential and commercial space that is proposed to be included within the redevelopment. Aspen Land Use Code Sections addressed hereafter: 26.470.120, Community Objectives Scoring Criteria 26.470.050(B) - General Requirements 26.470.070(4) - Affordable Housing 26.470.070(5) - Demolition or Redevelopment of Multi -family Housing 26.470.080(1) - Expansion or New Commercial Development 26.470.080(2) - Major Planning and Zoning Commission applications 26.515.030, Off -Street Parking. 1. Community Objective Scoring Criteria, Section 26.470.120 Below are the Community Objectives Scoring Criteria (in italicized and indented print) with each followed by a recommended score and its rationale/justification. Community Objectives Scoring Criterion # 1 - Workforce Housing The community desires a balance between Aspen - the Community and Aspen - the Resort. Both the social fabric of the community and the long-term economic well-being of the resort are reliant on a resource of housing opportunities for local working residents. The Community Development Director shall assign a score to each project for this objective based on following point schedule: Points for the Number of Employees Housed. One (1) point shall be assigned for each one (1) percent by which a proposal exceeds the minimum affordable housing requirements of this Chapter, as applicable to the particular type of development, with actual housing units on -site or off -site. Depending upon the type of development, affordable housing requirements are either expressed as a number of units, number of employees to be housed, or as a square footage of housing to be provided and the score shall be a reflection of the applicable requirement. In circumstances where a project's affordable housing requirements are a combination of requirements, the average percent by which a proposal exceeds each requirement shall be used. In no case shall cash -in -lieu be used to obtain points for this criterion. Response: The project includes commercial, affordable housing, and free-market housing spaces. Section 26.470.080(1) of the Code directs an applicant to Section 26.470.050, where it is stated that sixty (60) percent of the employees generated by the additional commercial development, according to Section 26.470.100(A), Employee Generation Rates, are to be mitigated through the provision of affordable housing. With previous approvals, it was determined that new net leasable area (NLA) would be created as a result of the redevelopment. The applicant is requesting an allotment of 1,000 square feet of Commercial NLA to cover the proposed layout of 987 square feet on the basement, first and second levels. Also, with previous approvals, it was determined 420 East Hyman Avenue Overview & Land Use Sections GMQS Application Aspen, Colorado Page 2 of 15 February 15, 2012 that new, free-market net livable square footage would be created with this development. The proposed layout will add 1,838 square feet of Residential NLA on the second and third levels. The proposed development will demolish three (2) studio and one (1) 1-bedroom free-market housing units. Per Section 26.470.070(5.1.a) one hundred percent of the demolished free-market multifamily housing shall be replaced 1:1 on site. If in doing so, the remaining development may be free-market residential development without needing to satisfy affordable housing requirements so long as the number of free- market units is not in excess of the number of units originally on site. The proposed development will include on site Category 4 affordable housing in the form of two (2) studio units and (1) two -bedroom unit, as mitigation, per Sections 26.470.070.4 and 26,540.080 of the Code and based on the formula outlined in Ordinance 32, Series of 2012. Minimum affordable housing calculations: 1. Free -Market Residential: Mitigation: For free-market residential space, affordable housing shall be provided in an amount equal to at least thirty percent (30%) of the additional free-market residential net livable area, per Section 26.470.050(6) of the Code. This is excepted when 100% replacement of existing housing is provided per Section 26.470.070(5.1.a), then free-market housing does not need to meet mitigation requirements as long as the number of proposed free-market units does not exceed the number of existing free-market units. Existing Free -Market Housing on site = two (2) studios and one (1) one -bedroom. Proposed Affordable Housing on site = two (2) studios and one (1) two -bedroom. Proposed Free -Market Housing on site = one (1) unit (which is less than existing three (3) units) Free-market Replacement: Existing Free -Market Housing on site = two (2) studios and one (1) one -bedroom. Studio = 1.25 employees One -bedroom = 1.75 employees (2 x 1.25) + (1 x 1.75) = 4.25 employees required for Free -Market Replacement Summary of Existing and Proposed Housing on site: Free- Free- Free- Free - AHU AHU AHU Market Market Market Market Studio Studio 2-Bed Studio Studio 1-Bed 3-Bed Existing 0 0 0 305 NLA 315 NLA 672 NLA 0 Conditions Proposed 508 NLA 516 NLA 950 NLA 0 0 0 1,838 Development NLA Net Increase/ 203 SF 201 SF 278 SF Decrease Increase Increase Increase - - - n/a in Area Over Over Over Existing Existing Existing Percent 66.56% 63.81 % 41.37% - - - n/a Increase 420 East Hyman Avenue Overview & Land Use Sections GMQS Application Aspen, Colorado Page 3 of 15 February 15, 2012 0 6 2. Commercial: For commercial net leasable space within basement or upper floors, the rates for calculation of employee generation shall be reduced by 25%. Basement net leasable floor area: Upper Level net leasable floor area Existing FTE 1,739 sq. ft. 5.35 311 sq. ft. 0.96 2,050 sq. ft. 6.31 Proposed FTE 2,313 sq. ft. 7.11 535 sq, ft. 1.65 2,848 sq. ft. 8.76 (4.1) employees per 1,000 sq. ft. net leasable Basement & Upper Level 798 sq. ft. increase:.798 x 4.1 x .75 = 2.45 employees Or 8.76 - 6.31 = 2.45 employees Existing FTE Proposed FTE Main Level net leasable floor area: 1,560 sq. ft. 6.4 1,762 sq. ft. 7.23 Main Level 202 sq. ft. increase: 0.202 x 4.1 = 0.83 employees Or 7.23 - 6.4 = 0.83 employees 2.45 + 0.83 = 3.28 employees Required housing of 60% of employees = 1.97 employees required for commercial mitigation 3. Employees housed Per Section 26.470.100(A,6) of the Code, whenever affordable housing is provided on site in order to satisfy one (1) requirement, the some on -site affordable housing may also be used to satisfy any other affordable housing requirement concurrently. Therefore... The total number of employees to be housed is 4.25 for free-market replacement The proposed 2 bedroom AHU will house 2.25 employees. The two proposed studio AHU units will house 1.25 employees each, or 2.5 total. Affordable housing provided on site = 4.75 total employees. There is excess affordable housing of 4.75 - 4.25 = 0.5 units. Points are generated under this condition because the equivalent of 0.5 unit will be built above what is required. (0.5 / 4.25) / .01 = 11.76 Points Points for the Size of Affordable Housing Units. One (1) point shall be assigned for each one (7) percent by which proposed affordable housing units exceed the minimum square footage requirements of the Aspen/Pitkin County Housing Authority Guidelines. In no case shall cash -in -lieu be used to obtain points for this criterion. Response: Since the requirement per Section 26.470.070(5.1.a) is to replace the existing housing 1:1, points are calculated based on the size increase for the proposed units over the existing size of the equivalent units. 420 East Hyman Avenue Overview & Land Use Sections GMQS Application Aspen, Colorado Page 4 of 15 February 15, 2012 0 • Per the table above in Free Market Residential section of Affordable Housing Calculations, for the three replacement units there are increases of 66.56%, 63.81 %, and 41.37%. The average percent increase in size for the units is 57.25%. Points are generated under this condition because the average percent increase in unit size is 57.25%. 0.5725 / .01 = 57.25 Points Minimum Threshold Requirement: Proposals with less than the minimum required affordable housing requirement, as requirement pursuant to this Chapter according to the particular type of development, shall receive a failing score for this criterion and shall be denied by the Community Development Director. The minimum requirement may be a combination of on - site units, off -site units, or cash -in -lieu thereof, as such methods are permitted by this Chapter. Response: In total, the proposed project meets all requirements for Workforce Housing mitigation and earns 11.76 + 57.25 = 69.01 points under Community Objectives Scoring Criterion # 1 -Workforce Housing. Community Objective Scoring Criterion #2 - Energy Conservation The community desires development that minimizes its impact on the natural environment and to maintain a leadership role in energy conservation and production strategies, efficient building techniques, and use of materials. The Community Development Director shall assign a score to each project for this objective based on following point schedule and the most recent version of the Leadership in Energy and Environmental Design (LEED) standards of the US Green Building Council: Points for LEED Certified projects. LEED Bronze level projects = 10 points. LEED Silver level projects = 20 points. LEED Gold level projects = 30 points. LEED Platinum level projects = 50 points. In order for proposals to obtain points for this condition, an applicant must demonstrate credible progress towards certification as determined sufficient by the Community Development Director. It shall not be considered sufficient to merely state a certification level without evidence supporting progress towards actual certification by the US Green Building Council. In no event shall a project be relieved of the adopted energy efficiency requirements of the City of Aspen that are applicable to all development projects. Response: The applicant will follow the applicable energy efficiency requirements of the City of Aspen, but does not intend to have the building LEED certified. Therefore, this application will not receive any points under this condition. Community Objective Scoring Criterion #3 - Small Lodges Response: This condition applies only to development proposals involving lodging. Therefore, this criterion is not applicable and no points are possible hereunder. 420 East Hyman Avenue Overview & Land Use Sections GMQS Application Aspen, Colorado Page 5 of 15 February 15, 2012 F] 11 In summary, the proposed commercial development project meets all applicable Code requirements and also earns (69.01) points in the Community Objectives Scoring. 2. General Requirements, Section 26.470.050(8) Pursuant to Section 26.470.050(B) of the Code, all development applications for growth management review must comply with the following generally applicable criteria and the review criteria applicable to the specific type of development (the generally applicable criteria are provided below in indented and italicized text with each followed by a response demonstrating consistency and/or compliance therewith, as applicable): 1. Sufficient growth management allotments are available to accommodate the proposed development, pursuant to Section 26.470.030.D. Applications for Multi -Year Development Allotment, pursuant to 26.470.090, 1, shall not be required to meet this standard. Response: The annual commercial growth management allotment available for commercial space is 33,300 net leasable square feet. This application is seeking 1,000 square feet for the additional commercial space. A multi -year allotment is not requested or required. 2. The proposed development is compatible with land uses in the surrounding area, as well as with any applicable adopted regulatory master plan. Response: The proposed development of a three-story mixed -use building is compatible with land uses in the surrounding area. Almost every property in the immediate vicinity is comprised of either commercial or mixed -use buildings. The City has adopted no applicable regulatory master plan. 3. The development conforms to the requirements and limitations of the zone district. Response: The proposed development is completely consistent with the requirements and limitations of the underlying Commercial Core (CC) Zone District (see Exhibit 3). 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. Response: The proposed development is fully consistent with the Conceptual Commercial Design Review approvals granted by the HPC (see Exhibits 10 and 11). 5. Unless otherwise specified in this Chapter, sixty (60) percent of the employees generated by the additional commercial or lodge development, according Section 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 Section 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 26.540.090 Criteria for Extinguishment of the Certificate. 420 East Hyman Avenue Overview & Land Use Sections GMQS Application Aspen, Colorado Page 6 of 15 February 15, 2012 Response: As explained above in response to the Community Objective Scoring Criteria, the applicant will be constructing on -site affordable housing for this requirement. 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 (30) percent 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 Section 26.470.070.4, Affordable Housing, and be restricted to 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 26.540.090 Criteria for Extinguishment of the Certificate, utilizing the calculations in Section 26.470.100 Employee/Square Footage Conversion. Response: As explained above in response to the Community Objective Scoring Criteria, the applicant will be constructing on -site affordable housing for this requirement. 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. Response: The project site benefits from readily available, existing infrastructure. The existing structure is served with City water and electric, ACSD sewer facilities, and existing communication utilities. Being centrally located in the Commercial Core (CC) zone, police, emergency and fire protection services as well as parking, road and transit services are all readily available. Storm water will be handled according to current City regulations, resulting in less discharge than is now the case. 3. Affordable Housing, Section 26.470.070(4) and Chapter 26.540 The development of affordable housing deed restricted in accordance with the APCHA Guidelines requires review and approval by the Planning and Zoning Commission based on the criteria below. Each criterion is provided in indented and italicized text, and each is followed by a response demonstrating consistency and/or compliance therewith, as applicable 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. Response: As explained above in response to the Community Objective Scoring Criteria, the applicant will be constructing on -site affordable housing for this requirement. 420 East Hyman Avenue Overview & Land Use Sections GMQS Application Aspen, Colorado Page 7 of 15 February 15, 2012 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 of Aspen city limits. Units outside the city limits maybe accepted as mitigation by the City Council, pursuant to 26.470.090.2. If the mitigation requirement is less than one 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 or more units, a cash -in -lieu payment shall require City Council approval, pursuant to Section 26,470,090.3. A Certificate of Affordable Housing Credit may be used to satisfy mitigation requirements by approval of the Community Development Director, pursuant to Chapter Section 26.540.080 Extinguishment of the Certificate. Required affordable housing may be provided through a mix of these methods. c) Each unit provided shall be designed such that the finished floor level of fifty (50) percent or more of the unit's Net Livable Area is at or above Natural or Finished Grade whichever is higher. This dimensional requirement may be varied through Special Review, pursuant to Chapter 26.430. 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 of Aspen to own the unit and rent if 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 non-profit 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 -governmental agency shall not be subject to this mandatory "for sale" provision. Response: As explained above in response to the Community Objective Scoring Criteria, the applicant will be constructing above -grade, on -site affordable housing for this requirement. e) Non -Mitigation Affordable Housing. Affordable housing units that are not required for mitigation, but meet the requirements of Section 26.470.070.4(o-d). The owner of such non -mitigation affordable housing is eligible to receive a Certificate of Affordable Housing Credit pursuant to Chapter 26.540. Response: This condition is not applicable. 420 East Hyman Avenue Overview & Land Use Sections GMQS Application Aspen, Colorado Page 8 of 15 February 15, 2012 • 4. Demolition or redevelopment of multi -family housing, Section 26.470.070(5) The City's neighborhoods have traditionally been comprised of a mix of housing types, including those affordable by its working residents. However, because of Aspen's attractiveness as a resort environment and because of the physical constraints of the upper Roaring Fork Valley, there is constant pressure for the redevelopment of dwellings currently providing resident housing for tourist and second -home use. Such redevelopment results in the displacement of individuals and families who are an integral part of the Aspen work force. Given the extremely high cost of and demand for market -rate housing, resident housing opportunities for displaced working residents, which are now minimal, will continue to decrease. Preservation of the housing inventory and provision of dispersed housing opportunities in Aspen have been long-standing planning goals of the community. Achievement of these goals will serve to promote a socially and economically balanced community, limit the number of individuals who face a long and sometimes dangerous commute on State Highway 82, reduce the air pollution effects of commuting and prevent exclusion of working residents from the City's neighborhoods. The Aspen Area Community Plan established a goal that affordable housing for working residents be provided by both the public and private sectors. The City and the Aspen/Pitkin County Housing Authority have provided affordable housing both within and adjacent to the City limits. The private sector has also provided affordable housing. Nevertheless, as a result of the replacement of resident housing with second homes and tourist accommodations and the steady increase in the size of the workforce required to assure the continued viability of Aspen area businesses and the City's tourist -based economy, the City has found it necessary, in concert with other regulations, to adopt limitations on the combining, demolition or conversion of existing multi -family housing in order to minimize the displacement of working residents, to ensure that the private sector maintains its role in the provision of resident housing and to prevent a housing shortfall from occurring. The combining, demolition, conversion or redevelopment of multi -family housing shall be approved, approved with conditions or denied by the Planning and Zoning Commission based on compliance with the following requirements (see definition of demolition.): Requirements for combining, demolishing, converting or redeveloping free-market multi- family housing units: Only one (1) of the following two (2) options is required to be met when combining, demolishing, converting or redeveloping a free-market multi -family residential property. To ensure the continued vitality of the community and a critical mass of local working residents, no net loss of density (total number of units) between the existing development and proposed development shall be allowed. a. One -hundred -percent replacement. In the event of the demolition of free-market multi- family housing, the applicant shall have the option to construct replacement housing consisting of no less than one hundred percent (100516) of the number of units, bedrooms and net livable area demolished. The replacement units shall be deed -restricted as resident occupied affordable housing, pursuant to the Guidelines of the Aspen/Pitkin County Housing Authority. An applicant may choose to provide mitigation units at a lower category designation. Each replacement unit shall be approved pursuant to Subsection 4, Affordable housing, of this Section. When this one -hundred -percent standard is accomplished, the remaining development on the site may be free-market residential development with no additional affordable 420 East Hyman Avenue Overview & Land Use Sections GMQS Application Aspen, Colorado Page 9 of 15 February 15, 2012 housing mitigation required as long as there is no increase in the number of free-market residential units on the parcel. Free-market units in excess of the total number originally on the parcel shall be reviewed pursuant to Paragraph 26.470.070.3, Expansion of free- market residential units within a multi -family or mixed -use development. Response: The existing development includes two (2) free-market studio units of 305 NLSF and 315 NLSF each, and one (1) free market one -bedroom unit of 672 NLSF. The proposed development will include two (2) affordable housing - category 4 - studio units of 508 NLSF and 516 NLSF each and one (1) affordable housing - category 4 - two - bedroom unit of 950 NLSF. This is also outlined above in the response to the Community Objective Scoring Criteria The proposed development will also have one (1) three -bedroom free-market unit of 1,838 NLSF. b. Fifty -percent replacement. In the event of the demolition of free-market multi -family housing and replacement of less than one hundred percent (100%) of the number of previous units, bedrooms or net livable area as described above, the applicant shall be required to construct affordable housing consisting of no less than fifty percent (50516) of the number of units, bedrooms and the net livable area demolished. The replacement units shall be deed -restricted as Category 4 housing, pursuant to the guidelines of the Aspen/Pitkin County Housing Authority. An applicant may choose to provide mitigation units at a lower category designation. Each replacement unit shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing. When this fifty -percent standard is accomplished, the remaining development on the site may be free-market residential development as long as additional affordable housing mitigation is provided pursuant to Paragraph 26.470.070.3, Expansion of free-market residential units within a multi -family or mixed -use project, and there is no increase in the number of free-market residential units on the parcel. Free-market units in excess of the total number originally on the parcel shall be reviewed pursuant to Paragraph 26.470.080.2, New free-market residential units within a multi -family or mixed -use project. Response: This condition is not applicable. c. One -hundred percent affordable housing replacement. When one -hundred -percent of the free-market multi -family housing units are demolished and are solely replaced with deed -restricted affordable housing units on a site that are not required for mitigation purposes, including any net additional dwelling units, pursuant to Section 26.470.070.4, Affordable Housing; all of the units in the redevelopment are eligible for a Certificate of Affordable Housing Credit, pursuant to Section 26.540 Certificate of Affordable Housing Credit. Any remaining unused free market residential development rights shall be vacated. Response: This condition is not applicable. 2. Requirements for demolishing affordable multi -family housing units: In the event a project proposes to demolish or replace existing deed -restricted affordable housing units, the redevelopment may increase or decrease the number of units, bedrooms or net livable area such that there is no decrease in the total number of employees housed by the existing units. The overall number of replacement units, unit sizes, bedrooms and category of the units shall 420 East Hyman Avenue Overview & Land Use Sections GMQS Application Aspen, Colorado Page 10 of 15 February 15, 2012 be reviewed by the Aspen/Pitkin County Housing Authority and a recommendation forwarded to the Planning and Zoning Commission. Response: This condition is not applicable. 3. Fractional unit requirement. When the affordable housing replacement requirement of this Section involves a fraction of a unit, cash -in -lieu may be provided only upon the review and approval of the City Council, to meet the fractional requirement only, pursuant to Paragraph 26.470.090.3, Provision of required affordable housing via a cash -in -lieu payment. Response: This condition is not applicable. 4. Location requirement. Multi -family replacement units, both free-market and affordable, shall be developed on the some site on which demolition has occurred, unless the owner shall demonstrate and the Planning and Zoning Commission determines that replacement of the units on site would be in conflict with the parcel's zoning or would be an inappropriate solution due to the site's physical constraints. When either of the above circumstances result, the owner shall replace the maximum number of units on site which the Planning and Zoning Commission determines that the site can accommodate and may replace the remaining units off site, at a location determined acceptable to the Planning and Zoning Commission. A recommendation from the Aspen/Pitkin County Housing Authority shall be considered for this standard. Response: The proposed affordable housing units and free-market housing unit are to be developed on the same site as the existing building with housing units. 5. Timing requirement. Any replacement units required to be deed -restricted as affordable housing shall be issued a certificate of occupancy, according to the Building Department, and be available for occupancy at the some time as, or prior to, any redeveloped free- market units, regardless of whether the replacement units are built on site or off site. Response: The proposed affordable housing units will be available for occupancy at the same time or before the free-market housing unit. 6. Redevelopment agreement. The applicant and the City shall enter into a redevelopment agreement that specifies the manner in which the applicant shall adhere to the approvals granted pursuant to this Section and penalties for noncompliance. The agreement shall be recorded before an application for a demolition permit may be accepted by the City. Response: The Applicant may enter into such an agreement when both the Applicant and the City agree prior to issuance of a demolition permit. 7. Growth management allotments. The existing number of free-market residential units, prior to demolition, may be replaced exempt from growth management, provided that the units conform to the provisions of this Section. The redevelopment credits shall not be transferable separate from the property unless permitted as described above in Subparagraph d, Location requirement. Response: The proposed development includes one (1) free-market unit, whereas the existing development includes three (3) free-market units. The proposed free-market unit shall be exempt from growth management per Section 26.470.070(5.1.a). 420 East Hyman Avenue Overview & Land Use Sections GMQS Application Aspen, Colorado Page 11 of 15 February 15, 2012 8. Exemptions, The Community Development Director shall exempt from the procedures and requirements of this Section the following types of development involving Multi -Family Housing Units. An exemption from these replacement requirements shall not exempt a development from compliance with any other provisions of this Title: a. The replacement of Multi -Family Housing Units after non -willful demolition such as a flood, fire, or other natural catastrophe, civil commotion, or similar event not purposefully caused by the land owner. The Community Development Director may require documentation be provided by the landowner to confirm the damage to the building was in -fact non -willful. To be exempted, the replacement development shall be an exact replacement of the previous number of units, bedrooms, and square footage and in the some configuration. The Community Development Director may approve exceptions to this exact replacement requirement to accommodate changes necessary to meet current building codes; improve accessibility,- to conform to zoning, design standards, or other regulatory requirements of the City; or, to provide other architectural or site planning improvements that have no substantial effect on the use or program of the development. (Also see Chapter 26.312 - Nonconformities.) Substantive changes to the development shall not be exempted from this Section and shall be reviewed as a willful change pursuant to the procedures and requirements of this Section. Response: This condition is not applicable. b. The demolition of Multi -Family Housing Units by order of a public agency including, but not limited to, the City of Aspen for reasons of preserving the life, health, safety, or general welfare of the public. Response: This condition is not applicable. c. The demolition, combining, conversion, replacement, or redevelopment of Multi -Family Housing Units which have been used exclusively as tourist accommodations or by non- working residents. The Community Development Director may require occupancy records, leases, affidavits, or other documentation to the satisfaction of the Director to demonstrate that the unit(s) has never housed a working resident. All other requirements of this Title shall still apply including zoning, growth management, and building codes.) Response: This condition is not applicable. d. The demolition, combining, conversion, replacement, or redevelopment of Multi -Family Housing Units which were illegally created (also known as "Bandit Units'). Any improvements associated with Bandit Units shall be required to conform to current requirements of this Title including zoning, growth management, and building codes. Replaced or redeveloped Bandit Units shall be deed restricted as Resident Occupied affordable housing, pursuant to the Guidelines of the Aspen/Pitkin County Housing Authority Response: This condition is not applicable. 420 East Hyman Avenue Overview & Land Use Sections GM9S Application Aspen, Colorado Page 12 of 15 February 15, 2012 e. Any development action involving demising walls or floors/ceilings necessary for the normal upkeep, maintenance, or remodeling of adjacent Multi -Family Housing Units. Response: This condition is not applicable. A change order to an issued and active building permit that proposes to exceed the limitations of remodeling/demolition to rebuild portions of a structure which, in the opinion of the Community Development Director, should be rebuilt for structural, safety, accessibility, or significant energy efficiency reasons first realized during construction, which were not known and could not have been reasonably predicted prior to construction, and which cause no or minimal changes to the exterior dimensions and character of the building. Response: This condition is not applicable. 5. Expansion or New Commercial Development, Section 26.470.0800) Section 26.470.080(1) of the Code explains that the expansion of an existing commercial building is to be reviewed and approved by the Planning and Zoning Commission based on the General Requirements outlined in Section 26.470.050 of the Code. The proposal's consistency with the General Requirements of Section 26.470.050(B) has been fully addressed above. 6. Off -Street Parking, Section 26.515.030 C. Off-street parking calculation. All requirements for off-street parking for residential dwellings and lodges shall be calculated based on the number of units. Requirements for off-street parking for commercial uses shall be calculated based on the net leasable area of the structure or use. Required Number of Off -Street Parking Spaces in the Aspen Infill Area, CC Zone District Commercial: (1 space per 1,000 sq. ft. new net leasable) 1,000 sq. ff./1,000 sq. ft. = 1.0 spaces Residential/Multi-Family within a mixed use building: (No requirement in the CC Zone District) Response: Two (2) off-street parking spaces are provided at the alley in this application. One (1) off-street parking space already exists at the alley. An existing deficiency of parking may be maintained when a property is redeveloped. 420 East Hyman Avenue Overview & Land Use Sections GMQS Application Aspen, Colorado Page 13 of 15 February 15, 2012 0 • D. Following is an explanation of how the proposed development complies with the Subdivision Guidelines: 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 regulatory master plan. Response: The proposed subdivision will have a commercial/ residential mix that is compatible with the surrounding uses in the Commercial Core. It will be in scale with the adjacent buildings in terms of density, height and bulk. The architecture will be a more contemporary interpretation of the generally Victorian vernacular in the downtown area. The landscaping will consist primarily of plants in surface containers that are compatible with the streetscape. Open space will be handled with off -site public amenities. 2. The proposed subdivision shall be consistent with the character of existing land uses in the area. Response: The proposed subdivision will be consistent with the commercial/residential land uses in the Commercial Core. 3. The proposed subdivision shall not adversely affect the future development of surrounding areas. Response: The proposed subdivision will not adversely affect the future development in this area since the proposed uses are compatible with the existing uses. 4. The proposed subdivision shall be in compliance with all applicable requirements of this title. Response: The proposed subdivision will be in compliance with all applicable requirements of this title. 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, mud flow, 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. Response: The proposed subdivision is located in the Commercial Core of Aspen, which is not subject to the natural hazards set forth above and will not create any conditions that will be harmful to the residents of the proposed condom inimization. 2. Spatial pattern efficiency, 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. 420 East Hyman Avenue Overview & Land Use Sections GMQS Application Aspen, Colorado Page 14 of 15 February 15, 2012 0 0 Response: The proposed subdivision is in the Commercial Core of Aspen, which already has all of the public facilities and infrastructure in place. Therefore, it will not cause any inefficiencies, duplication or premature extensions which will cause unnecessary public costs. C. Improvements. The improvements set forth in 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 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. Response: The standards set forth in Chapter 26.580 are irrelevant to this subdivision application. 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing recommendations by professional engineers as necessary. Response: No variations will be requested since the standards set forth in Chapter 26.580 are irrelevant to this subdivision application. D. Affordable Housing. A subdivision which is comprised of replacement dwelling units shall be required of provide affordable housing in compliance with the requirements of Section 26.470.070.5, Demolition or replacement 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 26.620, Growth Management Quota System. Response: The proposed development will consist of replacing 3 existing free-market housing units with 3 affordable housing units and adding 1 free-market unit as outlined in the GMQS Community Scoring Criteria in another section of this application. E. School land dedication. Compliance with the School land dedication standards set forth at Chapter 26.620. Response: A cash -in -lieu payment will be made by the applicant to the City of Aspen upon notification of the correct amount. F. Growth management approval. Subdivision approval may only be granted to applications for which all growth management development allocations 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. Response: Applicant is hereby applying for growth management approval to utilize growth allotments. 420 East Hyman Avenue Overview & Land Use Sections GMQS Application Aspen, Colorado Page 15 of 15 February 15, 2012 • EXHIBIT 3 ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Applicant: Location: Zone District: CCU; Lot Size:) I X ()n ' 4' Lot Area: 23, 17nq 11'�511P`l i- (f�he 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: S `, xe hwposed: 597 4 Number of residential units: Existing:Proposed: Number of bedrooms: Existing. Proposed: 77 c 'q AHU Is rH Proposed % of demolition (Historic properties only): DIMENSIONS: b 9 -16 `., Floor Area: Existing.* Allowable: Proposed:—T,6 Principal bldg. height: E.ristirrg: 2.,-'�tAlloiaable: 42 ! Proposed:_ Access. bldg. height: Existing.- Allowable: &A Proposed: I\JA- On -Site parking: Existing:_Required: Proposed.• - % Site coverage: Existing. D . Required: Proposed: I a, % Open Space: Existing:. ll0, ` ' Requn•ed: Proposed: Front Setback: Existing: (1 Required: (j Proposed: Rear Setback: Existing: C) Required: Proposed: Q Combined F/R: Existing: 6 Required: Proposed: � Wry T Side Setback: Existing: Required: O Propose&_& W f=/T5, Side Setback: Existing: D Required: 0 Proposed: 0 ' Combined Sides: Existing.- ' Required: (3 i Proposed: CY`''� Distance Between Cxisting M/111 Required:_ /`!j1 Proposed.• Buildings Existing non -conformities or encroachments: /Vr+)A1,6L` Variations requested: AVV\,IF-'� f/ r � � LEGEND ^NZ NOTES EXHIBIT 6 ," ._ : . IMPRO'; EME\"T SURVEY To: L.Oates Page 2 of 11 �. 2005-07-20 15:57:18 (GMT) % 18667280291 From: Stewart Title of Aspen EXHIBIT 7 Arnerican Land Title Association Commitment - 1982 TITLE INSURANCE COMMITMENT BY Fstewart, . title guaranty oompany Order Number: 43702-C2 We agree to issue policy to you according to the terms of the Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commiuncnt Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-I. The Exceptions in Schedule B-II. The Conditions on Page 2. This Commitment is not valid without SCHEDULE A and Sections I and II of SCHEDULE B. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. I ehal - of lb• hoard COuntersigncd: Authorized Counrersigttature Stewart Title of Aspen, Inc. 620 East Hopkins Avenue Aspen. CO 816) 1 -stewart Nth puarax ty Company 0�tt�tc c 1908 L;&e'Y-6 All a�t� Prari chat II Order Number: 43702-C2 Pnge II I or2 Commitment XV/0 Disclosttrc To: L.Oates Page 3 of 11 0 2005-07-20 15:57:18 (GMT) 16 18667280291 From: Stewart Title of Aspen 1. DEFINITIONS CONDITIONS (a) "Mortgage" means mortgage, deed of trust or other security instnimcnt. (b) "Public Records" meaus title records that five constructive notice of matters affecting your title — according to the state statutes where your land is located. 2. LATER DEFECTS The Exceptions in Schedule B — Section lI may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitmcnt Date and the date on which all of the Rcquircmcnts (a) and (c) of Schedule B — Section I arc n1et. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Cotmnitment Date are not shown in Schedule B, we may amend Schedule B to shown them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF LIABILITY Our only obligation is to issue to you the policy referred to in this Conunitment when you have met its Rcquircmcnts. If we have auv liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: Comply with the Requirements shown in Schedule B — Section I. R1 Eluitinate with our written consent any Exceptions shown in Schedule B — Section 11. We shall not be liable for more than the Policy Amount shown u1 Schedule A of this Commitment and our liability is subject to the tertns of the Policy fonn to be issued to you. S. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim whether or not based on negligence, which you may have against us concerting the title to the land must be based on this Commitment Order Number: 43702-C2 Page 2 of 2 Commitment -- 235 %W0 Disclwwrr 'To: L.Oates Page 4 of 11 2005-07-20 15:57:18 (GMT) • COMMITMENT TOR TITLE INSURANCE SCHEDULE A Ellcetive Date: July 11, 2005 at 7:30 a.m. 2. Policy or Policies To Be Issued: (X) ALTA (1992) Owner's Policy ( ) Standard ( X ) Extended 18667280291 From: Stewart Title of Aspen Order Number: 43702-C2 Amount: $3,800,000.00 Premium: $2,558.00 Proposed Insured: CM, LLC, a Colorado limited liability company (X) ALTA 1992 Loan Policy Amount: $2,500,000.00 ( ) Standard (X) .Extended Premium: $100.00 Proposed Insured: Alpine Bank, its successors and/or assigns 3. The estate or interest ut the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the estate or interest in said laud is at the effective date hereof vested in: The George A. Vicenzi Trust, dated April 6, 1996 as to an undivided 2/8`' urterest, Albert Kern as to an undivided 3/8t1i interest and William R, Dunaway as to an undivided 3/8t1i interest 5. The land referred to in this Commitment is described as follows. See "Exhibit A" attached hereto Statement of Charges Policy premiums shown above, and any charges shown below are due and payable before a policy can be issued. Reissue Rate Tax Certificate $ 20.00 Fonn 110.1 (Owners) $ 150.00 Fonn 100 $ 50.00 Donn 8.1 $ 50.00 Forin 110.1 (Lender) $ 75.00 Examiner Name: Chuck Dorn To: L.Oates Page 5 of 11 2005-07-20 15:57:18 (GMT) 18667280291 From: Stewart Tltle of Aspen EXHIBIT "A" Units 101, 201, 202, 203, 301, 302, 303 and 304 DUVIKE CONDOMINIUM, according to the Condominium Map thereof recorded June 4, 1981 in Plat Book 11 at Page 61 as Reception No. 233273, and as defined and described in the Condominium Declaration for Duvike Condominium recorded June 4, 1981 in Book 409 at Page 355 as Receptions No. 233277. TOGETHER with non-exclusive, perpetual access as set forth in Agreement recorded May 20, 2003 as Reception No. 483036. County of Pitkin, State of Colorado To: L.Oates Page 6 of 11 2005-07-20 15:57:18 (GMT) * 18667280291 From: Stewart Title of Aspen SCHEDULE B — Section 1 REQUIREMENTS Order Number: 43702-C2 The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or nrortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instruments) creating the estate or interest to be insured must be executed and duly filed for record, to wit: Statement of Authority for The George A. Vicenzi Trust, dated April 3, 1996 pursuant to the provisions of Section 33-30-172 C.R.S., and must contain the following: (a) The name of the entity; (b) The type of entity and the state, country, or other governmental authority under whose laws it was formed; (c) A mailing address for the entity; and (d) The name or positions of the person authorized to execute instruments conveying, encumbering, or other wise affecting title to real property on behalf of the entity, and any limitations that may exist upon the authority of the person named. 2. The following is required with respect to CM, LLC, a Colorado Limited Liability Company: a. Satisfactory evidence furnished by the Secretary of State in which Articles were filed, confrnning that said Limited Liability Company is in good standing. (i.e., Certificate of Good Standing, or copy of Articles of Organization bearing file stamp from the Secretary of State.) b. Copy of the Articles of Organization of said Limited Liability Company. c. Copy of the Operating Agreement of said Limited Liability Company. NOTE: If any Managers are themselves partnerships trusts, limited liability companies or corporations, additional requirements will be necessary. 3. Evidence satisfactory to Stewart Title Guaranty Company, furnished by the Office of the Director of Finance, City of Aspen, that the following taxes have been paid, or that conveyance is exempt fi-om said taxes: (1) The "Wheeler Real Estate Transfer Tax" pursuant to Ordinance No. 20 (Series of 1979) To: l.Oates Page 7 of 11 2005-07-20 15:57:18 (GMT) 18667280291 From: Stewart TIUe of Aspen and (2) The "Housing Real Estate Transfer Tax" pursuant to Ordinance No. 13 (Series of 1990). 4. A. Certificate of non -foreign status, duly executed by the seller(s), pursuant to Section 1445 of the Internal Revenue Code AND B. Satisfactory evidence of the seller(s) Colorado residency (or incorporation) pursuant to Colorado House Bill 92-1270. NOTE: Section 1445 of the Internal Revenue Code requires withholding of tax from sales proceeds if the transferor (seller) is a foreign person or entity. Colorado House Bill 92-1270 may require withholding of tax from sales proceeds if the scller(s) is not a Colorado resident. Detailed information and Forms are available from Stewart Title. Deed from vested owner, vesting fee simple title in purchaser(s). G. Indemnity and Affidavit as to Debts, Liens and Leases, duly executed by the seller and buyer and approved by Stewart Title of Aspen, Inc. Deed of Trust from the Borrower to the Public Trustee for the use of the proposed lender to secure the loan. t To: L.Oates Page 8 of 11 0 2005-07-20 15:57:18 (GMT) 0 18667280291 From: Stewart Title of Aspen SCIiEDULE B — Section 2 EXCEPTIONS Order Number: 43702-C2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claiins of parties in possession, not shown by the public records. 2. Easements, or claims of easements, riot shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights, claims or title to water. 7. Any and all unpaid taxes and assessments and any unredeemed tax sales. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 8. Exceptions and reservations as set forth in the Act authorizing the issuance of the Patent for the City and Townsite of Aspen recorded March 1, 1897 in Book 139 at Page 216 as Reception No. 60156. 9. 'Perms, conditions, obligations and provisions of Resolution No. 6 (Series of 1973) as set forth in instrument recorded April 3, 1973 in Book 274 at Page 217 as Reception No. 158616. 10. Terms, conditions, obligations and provisions of Statement of Exemption from Subdivision Regulation as sct forth in instntment recorded June 4, 1981 nr Book 409 at Page 353 as Reception No. 233276. �To: L.Oates Page 9 of 11 2005-07-20 15:57:18 (GMT) . 18667280291 From: Stewart Title of Aspen • • 11. Terms, conditions, obligations, provisions and easements of Condominium Declaration for Duvike Condominium as set forth in instrument recorded June 4, 1981 in Book 409 at Page 355 as Reception No. 253277. 12. Easements, rights of way and other matters as shown and contained on Condominium Map of Duvike Condominiums recorded June 4, 1981 in Plat Book 11 at Page 61 as Reception No. 253278. 13. Terms, conditions, obligations and provisions of Agreement between Walter Birk, Frank J. Woods, Hl, Walter Hampel, Jr., Larry Ferguson and Loma Alto Corporation, a Texas corporation and William R. Dunaway, Albert Kenr and George Vicenzi as set forth in instrument recorded May 20, 2003 as Reception No. 483036, NOTE: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article Vll requires that "Every title entity slrall be responsible for all matters which appear of record prior to the time ol'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 of Aspen, Inc. 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 Policy when issued. NOTE: Policies issued hereunder will be subject to the terms, conditions, and exclusions set forth in the ALTA 1992 Policy form. Copies of the 1992 form Policy Jacket, setting forth said terns, conditions and exclusions, will be made available upon request. ITo: L.Oates Page 10 of 11 2005-07-20 15:57:18 (GMT) 18667280291 From: Stewart Title of Aspen DISCLOSURES 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 sliall be obtained form 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 DiNision of Insurance Regulations 3-5-1, Paragraph C of Article VI.I 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 of Aspen, Inc. 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 Licn Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Conlmitlncnt form the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitn3ent must be a single family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialnien 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 inclemnifying the Company against unfiled mechanic's and inatcriahneu's liens. D. The Company must receive payment of the appropriate prenlium. 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 Con-unitneut, 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 bidemnity 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 circwnstanccs for labor or material for which the insured has contracted for or agreed to pay. NOTHING HEREIN CONTAINED WILL BE DEEMED 1-0 013LIGATE THE COMPANY TO PROVDE ANY OF THE COVERAGES R-EFERRIA) TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. Tile Number: 43702-C2 Stewirt Title or Aspen. Inc. Disclosures Pagc I of I i To: L.Oates Page 11 of 11 2005-07-20 15:57:18 (GMT) 411 PRIVACY POLICY NOTICE PURPOSE OF THIS NOTICE 18667280291 From: Stewart Title of Aspen Title V of the Grantrn-Leach-BliIcy Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of inforniation that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we arc providing you with this document, which notifies you of the privacy policies and practices of Stewart 'Title of Aspen, Inc. and Stewart Title Guaranty Company We may collect nonpublic personal infonnation about you from the following sources: • Information we receive from you, such as on applications or other forms. • In(brnatiou about your transactions we secure from our files, or from our affiliates or others. • Information we receive from a consumer reporting agency. • Information that we receive front others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal infonnation will be collected about you. We may disclose any of the above inforniation that we collect about our customers or former customers to our affiliates or to nonaffiliated third panics as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we .have joint marketing agreements: • Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. • Non -financial. companies such as envelope stuffcrs and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PUIUIOSE THAT 1S NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal infonnation about you to those employees who need to know that infonnation in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. File Number: 43702-C2 $tewort Title ot'Aspeu, Inc. Privacy Policy Notice Pagc I of I EXHIBIT 13 a • Agreement to Pay Application Fees An aareement between the Citv of Asoen ("City") and Property Phone No.: Owner ("I"): Email: Address of Billing Property: Address: (subject of (send bills here) application) I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $1,300 flat fee for APCHA (Housing) $ 0 flat fee for Select Dept $ 0 flat fee for Select Dept $ 0 flat fee for Select Review For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ 4,550 deposit for 14 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. $ 265 deposit for 1 hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $265 per hour. City of Aspen: Property Owner: Chris Bendon Community Development Director City use: 6115 Fees Due: $ Received: $ Name: Title:_ (-J tZ/ _ SPA f . EXH BIT 14 Cl . y .war•. `� � � ,r��.���/ '/ �\o BASEMENT •1ST FLOORI . 2•ND FLOOR :t���' motif �� �" � . ! k7 � �, � . ' • � . TOTAL 420 E. HYMAN AVE. I I HYMAN AVE.. MALL HYMAN AVE. MALL SOUTH ELVEVATION E. HYMAN AVE 1" = 20'-0" n NORTH ELEVATION E. HYMAN AVE. 07 F- U H U Q RR LL @ Z Z $$ D C) w W Q 3E U A5 CURTAINWALL - LOW - REFLECTIVE, TRANSPARENT GLASS PANELS. BRONZE COLOR MULLIONS. CURTAINWALL - TRANSLUCENT GLASS PANELS. BRONZE COLOR MULLIONS. CURTAINWALL - OPAQUE GLASS SPANDREL PANELS. BRONZE COLOR MULLIONS. CURTAINWALL - TRANSLUCENT GLASS PANELS. BRONZE COLOR MULLIONS. CURTAINWALL - OPAQUE GLASS SPANDREL PANELS. BRONZE COLOR MULLIONS. CURTAINWALL - LOW - REFLECTIVE, TRANSPARENT GLASS PANELS. BRONZE COLOR MULLIONS. CURTAINWALL - LOW - REFLECTIVE, TRANSPARENT GLASS PANELS. BRONZE COLOR MULLIONS. CURTAINWALL - TRANSLUCENT GLASS PANELS. BRONZE COLOR MULLIONS. CURTAINWALL-0 QUE GLASS SPANDREL PANELS. BRONZE COLOR MULLIONS. CURTAINWALL - LOW - REFLECTIVE, TRANSPARE GLASS PANELS. BRONZE COLOR MULLIONS. CURTAINWALL - OPAQUE GLASS SPANDREL PANELS. BRONZE COLOR MULLIONS. CURTAINWALL - LOW - REFLECTIVE, TRANSPARENT GLASS PANELS. BRONZE COLOR MULLIONS. 19■ 420 E. HYMAN AVENUE 190 SCUNNIFFE RENDERED EXTERIOR ELEVATIONS ARCHITECTS IK IL VW4 t,1&44 bt Al 9 �� •' 'S� -tee'' 494 •w •'tit....=':��j� �:/; t� N—P AL alm 44 �A- JII7 � _ \ . i I 6Qc-r/AF 1 TRANSLUCENT PLANE TRANSLUCENT PLANE INDICATES OPPOSING 000 INDICATES FRONT WALL OF ADJACENT'-%%, WALL OF ADJACENT BUILDING ALONG ALLEY , BUILDING 420 E. HYMAN AVENUE 0■ ©12 CHARLES CUNNIFFE ARCHITECTS I 0 rz Ar 011 it. lilt 'Iva ---�---------------------- - a AHU THIRD LEVEL SECOND LEVEL AHU 912 SF #1 516 SF AHU THIRD LEVEL EXEMPT _ - - - _____—_—_ THIRD LEVEL AHU#3_ _ T-_ —__-• 41 SF 83 SF t ELEV. EXEMPT 44 SF FREE-MARKE7 THIRD LEVEL 1168 SF STAIRS EXEMPT 114 SF THIRD LEVEL DECK FREE MARKET 272 SF PLAN fER SECOND LEVEL AHU 92 508 SF SECOND LEVEL DECK COMMON 212 SF 535 SF 2ND LEVEL NON -UNIT FAR 42 SF SECOND LEVEL --. NON -UNIT 18 SF SECOND LEVEL FREE-MARKET DECK 150 SF SECOND LEVEL FREE-MARKET 783 SF REAR STAIRS & ELEVATORELEVATOREXEMPT 118 SF MAIN LEVEL NON -UNIT 42 SF MAIN LEVEL STAIRS N WUNIT 156 SF MAIN LEVEL COMMERCIAL 1762 SF REAR EGRESS 221 SF ELEVATOR 46 SF EGRESS 177 SF COMMERCIAL MECHANICAL 274 SF -JJ Ll BASEMENTLEVEL- COMMERCIAL. 2026 SF n THIRD LEVEL FAR -- — 4 SECOND LEVEL FAR n MAIN LEVEL FAR LOWER LEVEL FAR _ _ _ _ 1' 0" 1/8" = 1'-0" li i/8" = 1'-0" _ _ Q 118" = 1'-0" 2406 5F - GRO55 26M SF . GRO55 2220 SF - GROSS 2207 SF - FAR . 64 SF DECK 2637 SF - FAR 20M SF. FAR FAR SUMMARY: ALLOWABLE FAR PROPOSED FAR ZONE DISTRICT: COMMERCIAL CORE (CC) AREA DESCRIPTION FM AREA DESCRIPTION FAR LOT SIZE 3009 SF BASEMENT SECOND LEVEL TOTALLEVEL TOTAL LEVEL TOTAL FAR 2751 8275 SF 3000 GSf M39 GSF COMMERCIAL FAR 21 wig SF TOTAL BASEMENT WALL AREA 2600 SF DEDUCTIONS OSF AFFORDABLE HOUSING FAR NO LIMIT EXPOSED WALL AREA 0 SF CONTRIBUTION TO FAR 2639 SF FREE MARKET HOUSING FAR 75 1- 2257 SF PERCENT EXPOSED TO APPLY TO FAR 0% SEPARATED BY USE 9F MATCHED WITH AHU ON -SITE CONTRIBUTION TO FAR 0 SF 535 NLSF COMMERCIAL DECK AREA OVER 30- 15% 1241 SF SEPARATED BY USE 1107 NLSF RESIDENTIAL AFFORDABLE 2026 GSF COMMERCIAL 783 NLSF RESIDENTIAL - FREE MARKET 21 GSF NON UNIT - COMMERCIAL ONLY 472 GSF NONAINIT APPORTIONED TO COMMERCIAL (22.06%) 700 GSF NON -UNIT - COMMERCIAL ONLY 97 7 GSF NON -UNIT APPORTIONED AFFORDABLE (45 65%) 69.1 GSF NON -UNIT APPORTIONED TO FREE MARKET (32.29%) 266 GSF DECK OVER 30' - COMMON VAN LEVEL 150 GSF DECK OVER 30'- RES FREE MARKET TOTAL LEVEL 2221 GSF DEDUCTIONS FOR STAIRS S ELEV 136 SF THOM LEVEL CONON TRIBUTITO FAR 2064 SF TOTAL LEVEL SEPARATED BY USE 2406 GSF 1762 GSF COMMERCIAL DEDUCTIONS FOR STAIRS 6 ELEV 199 SF 124 GSF NON -UNIT COMMERCIAL CONTRIBUTION TO FAR 2201 SF 10526 GSF NON UNIT APPORTIONED TO COMMERCIAL SEPARATED BY USE (53. 16% OVERALL BLDG) 912 NLSF RESIDENTIAL - AFFORDABLE 48.02 GSF NON UNIT APPORTIONED TO AFFORDABLE 1168 NLSF RESIDENTIAL FREE MARKET (24.25%OVERALL BLDG) 55.69 GSf NOWUMT APPORTIONED TO AFFORDABLE (43.85%) 44 72 GSF NON -UNIT APPORTIONED TO FREE-MARKET 71.31 GSF NON UNIT APPORTIONED TO FREE MARKET (56 15%) (72.59% OVERALL BLDG) 272 GSF DECK OVER 30' -RES FREE MARKET DECKS OVER 30" ABOVE GRADE (ALLOWED 1241 SF) 422 GSF RESIDENTIAL FREE MARKET ACTUAL 338 GSF RESIDENTIAL -FREE MARKET ALLOWED CONTRIBUTION TO FAR 84 SF 2B6 GSF COMMON ACTUAL W3 GSF COMMON ALLOWABLE CONTRIBUTION TO FM OSF TOTAL PROPOSED FAR 7014 SF r! TOTAL PROPOSED COMMERCIAL FAR 257346 SF (ALLOWED 6010 SF) TOTAL PROPOSED RESIDENTIAL AFFORDABLE FAR 2220.41 SF 9 (MOWED NO LIMIT) TOTAL PROPOSED RESIDENTIAL FREE MARKET FAR 2220.13 SF iK (ALLOWED 2257 SF) W .cunniffe.com U Lu H U Q w LL LL Z Z D U U) w J Q U w Q p Z z� Q 20 20 LJ U 2 O Z N W uj v a Cn C Q N qcll DRAWING: 7ISS JOB 1211 SHEET NO. A0.2 qw mr mr ELEVATOR 44 SF THIRD -LEVEL FREE-MARKET UNIT STAIR - EXEMPT 113 SF 4 THIRD LEL NET LEASABLE EV THIRD LEVEL 2-BEDROOM AHU #3 ENTRY - 38 SF THIRD LEVEL AHU #3 STAIR - EXEMPT 44 SF SECOND LEVEL DECK -NON-UNIT 266 SF SECOND LEVEL ELEVATOR — 42 SF SECOND LEVEL STAIR LANDING - NON -UNIT 18 SF FREE-MARKET UNIT STAIR - EXEMPT _ 113 SF 150 SF AHU STUDIO #1 516 SF . r�j AHU STUDIO #2 508 SF SECOND LEVEL COMMERCIAL 535 SF I - SECOND LEVEL FREE-M&RKFT UNIT 870 SF 3 SECOND LEVEL NET LEASABLE 1l = pl' n MAAIN. LEVj'EL NET LEASABLE ` I = ELEVATOR 46 SF EGRESS 177 SF 274 SF REAR EGRESS BASEMENT LEVEL COWAERRCIAi -- - — 2026 SF BASEMENT NET LEASABLE V .- - 1'-0" _ _ _ _ NET LEASABLE /!ET LIVABLE S.F. TABULATION NET LEASABLE / NET LIVABLE S.F. TABULATION Level _ _ _ - Nwme Area I NET LEASABLE / NET LINABLE Level Name Area I NET LEAakma / NET LNAELE 1-GOMMERCAL LONER LEVEL BASEMENT COMMERCIAL MECHANICAL 2T4 5F NET LEASABLE LONER LEVEL BASEMENT LEVEL COMMFRCW.. 12026 SF NET LEASABLE MAIN LEVEL I MAN LEVEL COMMERCAL 1 ITb2 SF INET LEASABLE SECOND LEVEL SECOND LEVEL CO CAAL 1535 SF INET LEASABLE MAIN LEVEL EGRESS 15b SF NON -UNIT GENERAL MAIN LEVEL ELEVATOR 42 5F NON -UNIT GENERAL SECOND LEVEL SECOND LEVEL ELEVATOR 42 5F NOWUNTT GENERAL SECOND LEVEL SECOND LEVEL STAB LANDING - NON-IMR 76 SF NON�RIR GENERAL THIRD LEVEL ELEVATOR 44 5F NON -UNIT GENERAL - c.cnhrwo�u.r� ns� i x 2 - NON -UNIT COMMERCAL ONLY LONER LEVEL EGRESS M SF NON -UNIT COMMERCIAL 5 - NON -UNIT 302 SF L.OMfR LEVEL ELEVATOR 46 5F NON -UNIT GOnME1RGIAL LONER LEVEL REAR EGRESS 221 SF NON -UNIT GOMMERGIAL 6 - EXTERIOR ABOVE GRADE MAIN LEVEL REAR EGRESS 115 SF NON -MIT COMMERCWL21 SECOND LEVEL SECOND LEVEL DECK - NON -MIT 266 5F EXEMPT 2 - NON -UNIT COMMERCIAL ONLY 563 SF SECOND LEVEL SECOND LEVEL FREE-MARKET DECK 150 5F EXEMPT THIRD LEVEL THIRD LEVEL FREE-MARKET DECK 2-72 SF EXE14FT 3 - AFFORDABLE UNIT b - EXTERIOR ABOVE GRADE 6W SF SECOND LEVEL AHU STUDIO •1 SF NET T - EXTERIOR !12 MAN LEVEL EXTERIOR ENTRYMLAY 101 SF _ EXB�IPT MAIN LEVEL PARKING I SERVICE/TRAaN AREA 6614 SF EXSAPT T -EXTERIOR T85 SF ENABLE SECOND LEVEL AHU STUDIO •2 8 SF NET ENABLE SECOND LEVEL THIRD LEVEL 2$EDROOM AHU a3 ENTRY SF NET ENABLE THIRD LEVEL THIRD LEVEL 2$EDROOPA AHU a3 5F NET ENABLE l - ArrC1F(VACLt MI 1ST S 4 - FREE-MARKET UNIT SECOND LEVEL SECOND LEVEL FREE-MARKET UNIT 670 5F NET LIVABLE THIRD LEVEL THIRD -LEVEL FREE-MARKET UNIT 1166 SF NET LINABLE 4 - FREE-MARKET UNIT 1bM 5F w .cunniffe=m U) U w U Q w LL LL Z Z U U) w J Q U w Q O Z Q � Q :E O =0 } uj U = o Z N LD V 0. O Q N DRAWING: ISSUE: DATE: JOB 1211 SHEET NO. A0.3 EGRESS STAI SERVICE ELEVATOR ELEVATO EGRESS STAI mw 30'-0 1 /4" PARKING 8.5x18 PARKIN 8.5x18 SERVICE 1lx20 0 0 0 MAIN LEVEL COMMERCIAL MALL / MAIN LEVEL n 1/16" = V-0" 30'-0" MECHANICAL EGRSES STAI SERVICE ELEVATOR BASEMENT LEVEL COMMERCIAL q 0 ELEVATO UUP EGRESS STAIR = == PROPOSED FLOOR PLANS P.N. T.N. BASEMENT LEVEL ADJACENT BUILDING 30'-0 1 /4" ALLEY PROPERTY LINE ADJACENT BUILDING PROPERTY LINE SIDE WALK HYMAN AVENUE 1 SITE/ LANDSCAPE / PARKING PLAN 1 /16" = I FM U W U Q E w U ILL ILL Z Z U w I IY Q U LL.I Q Z Q LU CD I A1.1 0 0 zQ Qly- =0 wU o Z vd U) Q 30'-0" �ES. ROOFTOP MECH AREA OROOF PLAN 3 1/16"=1'-0"----- - AHU#3-2 BEDROOM FREE MARKET FREE-MARKET DECK PROPOSED FLOOR PLANS P.N. T.N. 30'-0" n THIRD LEVEL U 1/16" = 1'-0" 30'-0" AHU - STUDIO #1 AHU#3-W2BEDROOM rAHU U DIO #2 ll� Q E Woy U COMMON DECK N L Z SECOND LEVEL o z o COMMERCIAL - U ELEVATOR Q W E J Q U STAIR - FREE-MARKET DECK FREE MARKET W DECK. Q W 1 SECOND LEVEL 0 1/16" = 1'-0" d _w'%� 3= CITY OF ASPEN Permit Receipt RECEIPT NUMBER 00033282 Account Number: 29447 Applicant: JOHN MARTIN Type: check # 35085 Permit Number Fee Description 0014.2013.ASLU Planning Hourly Fees 0014.2013.ASLU Eng Referral Fee 0014.2013.ASLU Housing Referral Fee Date: 2/27/2013 Amount 4,550.00 265.00 1,300.00 Total: $6,115.00