The URL can be used to link to this page

Home My WebLink AboutLand Use Case.HP.514 E Hyman Ave.0010.2013.AHPC273718213002 AMENDMENT TO ASPEN MODERN Indexed in LFRecords: 01/ -7 /2022 By: CK Images Scanned: [ 1None Id Partial (&5<*- I 1 Complete _ [ ]Issues - A K A P *il d of1 OF \?-6~ 6-00.1.- 3 4/\~-t--Â« I j i THE CITY OF ASPEN[ City of Aspen Community Development Department CASE NUMBER 0010. 2013.AHPC PARCEL ID NUMBERS 2737 182 13 002 PROJECT ADDRESS 514 E HYMAN AVE PLANNER AMY SIMON CASE DESCRIPTION AMENDMENT TO ASPEN MODERN REPRESENTATIVE HAAS LAND PLANNING DATE OF FINAL ACTION 01/27/2014 CLOSED BY ANGELA SCOREY ON: 12/05/2015 qi -21 3-9 Â· 1 2 2 '3.DDZ 00/0.-2,01 6 RAft 4'Â·% Perillit:, 18 Eli all Ble Edit Record Navigate Fgm Reports Format Iab Melp . (* 03 ,>< >f '.1 22 g. i b. '1 -3 .23 6# - . i .7 '4 9 41 E] 21 gi jump 1 2 .0 v i @ 0 - -1.1 2 J :3 ..3*. f.9 (9 0 2 4, 0. Main , Custom Fields Roging Status Fee Summary 8ctions Routingklistory ~ Â· Â·Â·Â·- ~ : Permit type jahpc {Aspen Historic Land Use . Permit It ~ 0010,2013-AHPC : Address ~ 514 E HYMAN AVE Apt/Suite ~ CÂ® *ASPEN State CO Zip '81 611 ] Permit Information Master permi. Routing queue aslu07 ~ Applied , 03/26/2013 ~ Project S tatus pending Approved ~ . 2] --IR Description AMENDMENT TO ASPEN MODERN 1 Issued Closed/Final ~ Submitted MITCH HAAS 925-7819 Clock Running | Days F--0 Expires 03/21/2014 -:j Submitted via 0 wner Last name 514 AH LLC ~ First name BROOKE PETERSON , PO BOX 4068 ASPEN CO 81612 Phone [970] 925-2619 Address -........~....1 Applicant U Owner is applicant? E Contractor is applicant? ~ Last name ' HAAS LAND PLANNING CE-Ii] First name " 201 N MILL ST ' STE 108 Phone (9701 925-7819 Cust # ~ 25346 ~ Address .ASPEN CO 81611 { 2.- .-.... i Lender Last name - First name ~ Phone 1 1 - 1 Address 1 Enter the permit description Asper,Gold5 {server] Jackiek VBW - 1 of 1 04, 4 i ozs $ 2429.00 A-??mveÂ·p Â» c lose-D i 1 21 \ tut 22Â«794 12 1 RueptÂ·* 33 +29 SPAIn IToolbox Quick Notes | AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CIIAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: 19% , Aspen, CO STATE OF COLORADO ) ) SS. County of Pitkin ) I, (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following 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 fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official Paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. Signature The foregoing "Affidavit of Notice" was acknowledged before me this LO day of ~l- , 2(U, by /41'v)'--C,al .O c/-~-a WITN-ESS MY HAND AND OFFICIAL SEAL 109 PUBLIC NOnCE J.. Of e DEVELOPMENT APPROVAL My commission expires: ~16 1 19 Notice is hereby given to the general public of the approvaJ of a site-specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 2Â£9~ht,- 24, Article 68, Colorado Revised Statutes, pertain- kNA 812 4 ing to the following described property: 514 E. Hyman Avenue, Parcel ID #2737-182-13-002. le- Notary Public gally described as Lot N, Block 94, City and Town- site of Aspen. The applicant, 514 AH, LLC, re- ' ceived development approvals through City Council Ordinance #6, Series of 2012, amended through Ordinance #20, Series of 2013, and Historic Pres- ervation Commission Resolution #3, Series of 2012, and Resolution #4, Series of 2013. Approval ' ATTACHMENTS: has been granted for a site specific development that includes landmark designation, restoration of the front faGade, construction of a rooftop addition, COPY OF THE PUBLICATION and the award of preservation benefits. The project received a five year period of vested rights. The approvals are depicted in the land use appli- cation or file with the City of Aspen. For further information contact Amy Guthrie at the City of As- pen Community Development Dept., 130 S. Gate- na St., Aspen, Colorado (970) 429-2758. City of Aspen Published in the Aspen Times Weekly on June 6, 2013. [9239249] DEVELOPMENT ORDER City o f Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site-specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a five (5) -year vested property right. The vested property right shall expire on the day after the fifth anniversary of the effective date of this Order, unless the change is accomplished or a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested properly rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site-specific development plan as described below. Property Owner's Name, Mailing Address and telephone number: 514 AH LLC, P.O. Box 4068, Aspen, CO 81612 Legal Description and Street Address of Subiect Property: 514 E. Hyman Avenue, Lot N, Block 94, City and Townsite of Aspen , Parcel ID: 2737- 182-13-002. Written Description of the Site Specific Plan and/or Attachment Describing Plan: Approval has been granted for a site specific development that includes landmark designation, restoration of the front faGacle, construction of a rooftop addition, and the award of preservation benefits. The project received a five year period of vested rights. Land Use Approval Received and Dates: City Council Ordinance #6, Series of 2012, March 26, 2012, amended through Ordinance #20, Series of 2013, May 28, 2013. Historic Preservation Commission Resolution #3, Series of 2012, January 25, 2012 and Resolution #4, Series of 2013, February 27, 2013. Effective Date of Development Order: June 6,2013. (Same as date of publication of notice of approval.) Expiration Date of Development Order: June 6, 2018. (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Development Order issued this 30th day of May, 2013, by the City of Aspen Community Development Director. Al P/,4 Trkf Chris Bendon Community Development Director City o f Aspen RECEPTION#: 601 .VI, 07/09/2013 at 11:19:40 AM, 1 OF 4, R $26.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pitkin County, CO ORDINANCE #20 (Series of 2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING ORDINANCE #6, SERIES OF 2012, THE ASPENMODERN NEGOTIATION APPROVED FOR THE PROPERTY LOCATED AT 514 E. HYMAN AVENUE, LOT N, BLOCK 94, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID NUMBER: 2737-182-13-002 WHEREAS, the applicant, 514 AH, LLC, represented by Haas Land Planning, has requested an amendment to an AspenModern voluntary landmark negotiation approved pursuant to Aspen Municipal Code Section 26.415.025(C), AspenModern Properties; and WHEREAS, Â§26.415.025.C(1)d establishes that "as part of the mutually acceptable agreement, the City Council may, at its sole discretion, approve any land use entitlement or fee waiver permitted by the Municipal Code and may award any approval that is assigned to another Board or Commission, including variations;"and WHEREAS, on March 26,2012, City Council approved Ordinance #6, series of 2012, which allowed â€¢ Removal and rendering null and void a 1980 Basement Restriction Agreement with the City in favor of underlying zoning compliance. â€¢ Growth Management exemption for 1.5 employees created by a new free-market residential unit, and an 1,140 square foot Free-Market Residential floor area increase. â€¢ Five years of vested property rights; and WHEREAS, the applicant requests approval to amend Ordinance #6, Series of 2012, removing the residential incentives and replacing them with commercial incentives, namely: â€¢ Growth Management exemption for the additional 0.9 employees generated by the creation of new net leasable space. â€¢ A waiver of the cash-in-lieu fee for the 1.37 parking spaces generated by the new net leasable space; and WHEREAS, the Community Development Department performed an analysis of the application and found that the review standards are met. The staff report analyzed the proposed preservation incentives and monetary value of the benefits. The value of the additional employee mitigation exemption encompassed in the amendment is $122,234. The value of the parking cash-in-lieu fee waiver is $41,100; and 514 E. Hyman Avenue Ordinance #20, Series o f 2013 Page 1 of 4 WHEREAS, the City Council finds that the proposal meets or exceeds all applicable development standards and that the approval of the development proposal 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, COLORADO, AS FOLLOWS: Section 1: Amendment to Aspen Modern Negotiation Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves removal and rendering null and void the 1980 Basement Restriction Agreement in favor of underlying zoning compliance, Growth Management exemption for affordable housing mitigation of the 4 FTE generated the new net leasable space (which, for non-landmarks, would require 60% mitigation, or 2.4 FTEs), and a waiver of the cash-in-lieu fee for the 1.37 parking spaces generated by the new net leasable space. Section 2: Vested Rights The development approvals granted herein shall constitute a site-specific development plan and a vested property right attaching to and running with the Subject Property and shall confer upon the Applicant the right to undertake and complete the site specific development plan and use of said property under the terms and conditions of the site specific development plan including any approved amendments thereto. The vesting period of these vested property rights shall be for five (5) years which shall not begin to run until the date of the publications required to be made as set forth below. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded. as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Â§ 26.104.050, Void Permits. Zoning that is not part of the approved site-specific development plan shall not result in the creation o f a vested property right. No later than fourteen (14) days following final approval of this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to Chapter 26.308, Vested Property Rights. Pursuant to Â§ 26.304.070(A), Development Orders, such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of five (5) years, pursuant to the Land Use Code of the City of Aspen and Title 24, 514 E. Hyman Avenue Ordinance #20, Series of 2013 Page 2 0 f 4 Article 68, Colorado Revised Statutes, pertaining to the following described property: 514 E. Hyman Avenue, Lot N, Block 94, City and Townsite of Aspen. Nothing in this approval shall exempt the Development Order from subsequent reviews and approvals required by this Ordinance of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this Ordinance. The vested rights granted hereby shall be subject to all rights of referendum and judicial review. The period o f time permitted by law to exercise the right of referendum to refer to the electorate this Section of this Ordinance granting vested rights; or, to seek judicial review of the grant of vested rights shall not begin to run until the date o f publication o f the notice o f final development approval as set forth above. The rights of referendum described herein shall be no greater than those set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 3: 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 Historic Preservation 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 4: 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 5: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the o ffice of the Pitkin County Clerk and Recorder. Section 6: A public hearing on this ordinance shall be held on the 28th day of May, 2013, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice o f the same shall be published in a newspaper of general circulation within the City of Aspen. 514 E. Hyman Avenue Ordinance #20, Series of 2013 Page 3 of 4 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 13th day of May, 2013. 48 41490 1 â€¢11 Mich*Le Ireland, Mayor tk.athryn-K~cw~~ty Clerk FINALLY, adopted, passed and approved this 2% day of~Uu.2013. -0.727 A Â»~// MMO ' 1 Michael C. *land, Mayor UbJU (Lt* v Kathryn Ko@*ity Clerk APPROVED AS TO FORM: 17 ~JAes R. True, City Attorney 514 E. Hyman Avenue Ordinance #20, Series o f 2013 Page 4 of 4 ~ 2 '/f 1 03 2,5 /: h Ad Name: 9178600A UGALNOTICE ORDINANCE #20,2013 PUBLIC HEARING / Customer: Aspen (LEGALS) City of first reading at the City Council meeting May 13, Ordinance #20, Series of 2013. was adopted on 2013. This ordinance, if adopted will amend the Your account number: 1013028 AspenModern negotiation for 514 E Hyman to change from a 3rd floor residential use to all com- mercial. The public hearing on this ordinance is scheduled for May 28, 2013, at 5 PM, City hall, 130 South Galena. PROOF OF PUBLICATION To see the entire text, go to the city's legal notice website http://www.aspenpilkin.corn/Departments/Clerk/le- TE: Al:N TIM<: 2013. [9178600] gal-Notices( If you would like a copy FAXed, mailed or e-mailed to you, call the city derk's office, 429-2686. Published in the Aspen Times Weekly on May 16, STATE OF COLORADO, COUNTY OF PITKIN I, Jim Morgan, do solemnly swear that I am General Manager of the ASPEN TIMES WEEKLY, that the same weekly newspaper printed, in whole or in part and published in the County of Pitkin, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Pitkin for a period of more than fifty.two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement. The Aspen Times is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 5/16/2013 and that the last publication of said notice was in the issue of said newspaper dated 5/16/2013. In witness whereof, I have here unto set my hand this 05/16/2013. >01474:1 -77 - , l --7 Jim Morgan, General Manager Subscribed and sworn to before me, a notary public in and for the County of Garfield, State of Colorado this 05/16/2013. 71/)RA.1 9. tb 0-060,i h a.xy- Mary E. Borkenhagen, Notary Public d~'6tit~Jmmission expires. September 12, 2015 t '11 %OÂ¥Ae, \'Â§% f 5% . ..4:2 0 ~~>,~ COLOR" "4 FIgâ€žttl* 42'* MEMORANDUM TO: Chris Bendon, Community Development Director FROM: Amy Simon, Historic Preservation Officer RE: 514 E. Hyman Avenue, GMQS Exemption for new net leasable commercial space in a mixed use development DATE: January 27,2014 SUMMARY: 514 E. Hyman Avenue is zoned "CC" and is legally described as Lot N, Block 94, City and Townsite of Aspen, Colorado. It was designated a historic landmark through Ordinance #6, Series of 2012. The property owner, Mason and Morse Inc., has requested GMQS exemption in order to expand the amount of net leasable commercial space on the property. An exemption is permitted in Section 26.470.060.4. Minor Enlargement of a Historic Landmark for commercial. lodge. or mixed-use development, as follows: Minor enlargement of an historic landmark for commercial, lodge or mixed- use development. The enlargement of a property, structure or portion of a structure designated as an historic landmark for commercial, lodge or mixed-use development shall be approved, approved with conditions or denied by the Community Development Director based on the following criteria. The additional development of uses identified in Section 26.470.020 shall be deducted from the development ceiling levels established pursuant to Section 26.470.030 but shall not be deducted from the respective annual development allotments. a. If the development increases either tloor area or net leasable space/lodge units, but not both, then no employee mitigation shall be required. b. If the development increases both ftoor area and net leasable space/lodge units, up to four (4) employees generated by the additional commercial/lodge shall not require the provision of affordable housing. An expansion generating more than four (4) employees shall not qualify for this administrative approval and shall be reviewed pursuant to Paragraph 26.470.070.1. c. No more than one (1) free-market residence is created. This shall be cumulative and shall include administrative GMQS approvals granted prior to the adoption of Ordinance No. 14, Series of 2007. 1 The Community Development Director may approve approve with conditions, or deny this GMQS exemption request pursuant to findings on the review criteria. Alterations to the property that were approved through HPC Resolution #4, Series of 2013, and City Council Ordinance #20, Series of 2013, would require mitigation for 3.36 employees. This is within the exemption that is permitted for landmarks within the Aspen Municipal Code. Staff finds that the review criteria are met and recommends approval of this Administrative GMQS application. APPROVAL: I hereby approve a GMQS Exemption for Minor Expansion of a Historic Landmark for commercial. lodge, or mixed-use development at 514 E. Hyman Avenue, as proposed. The requirement to mitigate for generation of 3.36 employees is waived. Â»7 Date I.'21 14 Chris Bendon, Community Development Director 2 MEMORANDUM TO: Mayor and Aspen City Council FROM: Amy Guthrie, Historic Preservation Officer THRU: Chris Bendon, Community Development Director ~1M RE: 514 East Hyman Avenue, Amendment to AspenModern Voluntary Landmark Designation and Negotiation Second Reading of Ordinance #20, Series of 2013 DATE: May 28, 2013 SUMMARY: 514 E. Hyman Avenue was landmark designated in March 2012 through the AspenModem . process. To facilitate a proposed restoration of the * . original fagade (seen at right) and a third floor addition ~ , I Le I 3-=r.6 .. for a residential unit, Council awarded the following I. Â· . ....2 , 1 4 incentives: ...Mi:+2-- â€¢ Removal and rendering null and void a 1980 ~ Basement Restriction Agreement with the City in . favor o f underlying zoning compliance. , 11 â€¢ Growth Management exemption for 1.5 employees ~ ..0- 111 - created by a new free market residential unit, and 1,/ an 1,140 square foot residential floor area increase. ~ i â€¢ Five years o f vested property rights. ~ 2 4-4,.+ - . In January 2013, the property was sold. The new owner approached HPC for Final review with a design that was in keeping with the original proposal, except 1 L . for a change in program. Instead of the existing two stories of commercial space (plus a basement) with a third floor addition for residential use, the owner proposes that the entire development be commercial only. HPC accepted the design, but the applicant must amend their AspenModern negotiation since the necessary incentives have changed. The project no longer requires a free-market residential growth management exemption or floor area bonus, but now seeks: â€¢ Growth Management exemption for the additional 0.9 employees generated by the creation of new net leasable space. The value of the new exemption encompassed in the amendment is $122,234. â€¢ A waiver of the cash-in-lieu fee for the 1.37 parking spaces generated by the new net leasable space. The value of the waiver is $41,100. 514 East Hyman Avenue Aspen.Modern Negotiation -First Reading of Ordinance #20, Series of 2013 If the project were not an AspenModern negotiation, the affordable housing exemption would be approved by the Community Development Director, because administrative Growth Management exemption is allowed for all historic landmarks where new net leasable space generates no more than 4 employees. Regarding the parking, HPC is typically the final review authority on waiver of cash-in-lieu fees for landmarks. However, for the property owner to proceed to building permit, Council must amend the ordinance that established the designation by removing the unnecessary incentives and accepting revised incentives as deemed appropriate. The landmark status of the building is not being reconsidered. If Council chooses not to amend the previous ordinance, it still remains in effect and vested. APPLICANT: 514 AH, LLC, represented by Haas Land Planning. PARCEL ID: 2737-182-13-002. ADDRESS: 514 E. Hyman Avenue, Lot N. Block 94, City and Townsite of Aspen. ZONING: CC, Commercial Core. Historic Landmark. Historic District Overlay. ASPENMoDERN NEOOTIATION Â§26.415.025.C.1.c. The Community Development Director shall confer with the City Council regarding the proposed land use application or building permit, the nature of the property, and the staff and Historic Preservation Commission's assessment of its historic significance and the effects of the application or building permit. The property owner shall be provided notice of this meeting. The City Council may negotiate directly with the property owner or may choose to direct the Community Development Director, or other City staff as necessary, to negotiate with the property owner to reach a mutually acceptable agreement for the designation of the property. The City Council may choose to provide this direction in Executive Session, pursuant to State Statute. As part of the mutually acceptable agreement, the City Council may, at its sole discretion, approve any land use entitlement or fee waiver permitted by the Municipal Code and may award any approval that is assigned to another Board or Commission, including variations. Council shall consider the appropriateness of benefits in light of whether the property is identified as a "good, better, or best" example of Aspen's 208 century history and shall also seek to be equitable in the benefits awarded through the negotiation process. The monetary value of benefits being requested shall be defined, to the extent possible. Council shall seek compatibility with the neighborhood surrounding the subject property. When benefits are awarded as part of the negotiation, Council shall require that the property be designated as a Historic Landmark, pursuant to the standards and limitations of Section 26.415.030, Designation of Historic Properties. As part of the mutually acceptable agreement, the City Council may choose to require the land use application or 514 East Hyman Avenue AspenModern Negotiation -First Reading of Ordinance #20, Series of 2013 building permit that initiated the negotiation to be withdrawn by the property owner if said application or permit would have negatively affected the historic significance of the property. Once a property identified on the AspenModern Map is designated to the Aspen Inventory of Historic Landmark Sites and Structures, additional negotiation under this section is not allowed. Staff Response: This application is not a new negotiation, but rather a request to amend an approval that has not been executed. Growth Management Instead of a Growth Management exemption to create a residential unit, and an 1,140 square foot Free-Market Residential floor area increase, the applicant requests Growth Management exemption for the affordable housing mitigation generated by the new net leasable space. Staff supports the revision because the preservation benefits of the project remain the same. There will be a complete restoration of the original street-facing fa~ade. HPC has found the design for the proposed third floor addition to be compatible and appropriate to this building, and the neighborhood. Removal of the residential unit also brings the building uses into conformance with changes to the Commercial Core Zone District that were adopted after this project received Council approval. New residential units are no longer permitted downtown. The land use code provides historic landmarks with a Growth Management exemption from affordable housing mitigation for one residential unit, like the one that was previously planned. If mitigation had been required, it would have been for 1.5 employees. The land use code also provides historic landmarks with a Growth Management exemption from affordable housing mitigation for a commercial expansion like the revised project. While the language states that the first four employees generated by a commercial expansion are exempt, only 60% of the 4 employees generated, or 2.4 employees, would be required of any development. The commercial use has a slightly higher employee mitigation requirement than the residential unit did, but is still within the type of development that is typically exempt from mitigation on landmark properties. The additional employment generated by the switch to all commercial use is 0.9 employees. The Housing Board has recommended in favor of the waiver. The applicant makes an argument that the project generates no employees because the addition was already approved and the amendment doesn't increase the size of the building. Staff rejects this idea. The project is not built yet. The development is not a change in use of existing space. 514 East Hyman Avenue AspenModern Negotiation -First Reading of Ordinance #20, Series of 2013 Parking HPC approved a waiver of the parking cash-in-lieu fee as part of their Final Design review in February. However, the City Attorney's office has advised that all incentives must be accepted by Council in an AspenModern negotiation. HPC supported waiving the cash-in-lieu fee because the property is only 30' wide, and more than half of the alley faQade needs to be devoted to trash/utility/recycling area, with the remaining space needed for building egress. There is physically no space left to provide on-site parking. The fee waiver was seen as an incentive appropriate to the high quality of the project. The Parking Department prefers that the cash-in-lieu fee is paid to fund parking and transportation related construction or improvements. The negotiated benefits are policy matters for Council to decide. The Land Use Code states that, as a further measure of the value of negotiation, Staff and HPC should evaluate whether the proposal meets the Purpose and Intent Statements of the Historic Preservation program, which are: Â§26.415.010. Purpose and intent. The purpose of this Chapter is to promote the public health, safety and welfare through the protection, enhancement and preservation of those properties, areas and sites, which represent the distinctive elements of Aspen's cultural, educational, social, economic political and architectural history. Under the authority provided by the Home Rule Charter o f the City and Section 29-20-104(c), C.R.S., to regulate land use and preserve areas of historical, architectural, archaeological, engineering and cultural importance, this Chapter sets forth the procedures to: A. Recognize, protect and promote the retention and continued utility of the historic buildings and districts in the City; B. Promote awareness and appreciation of Aspen's unique heritage; C. Ensure the preservation of Aspen's character as an historic mining town, early ski resort and cultural center; D. Retain the historic. architectural and cultural resource attractions that support tourism and the economic welfare of the community; and E. Encourage sustainable reuse of historic structures. F. Encourage voluntary efforts to increase public information, interaction or access to historic building interiors. The City does not intend by the historic preservation program to preserve every old building, but instead to draw a reasonable balance between private property rights and the public interest in preserving the City's cultural, historic, and architectural heritage. This should be accomplished by ensuring that demolition of buildings and structures important to that heritage are carefully weighed with other alternatives. Alterations to historically significant buildings and new construction in historic areas shall respect the character of each such 514 East Hyman Avenue AspenModern Negotiation -First Reading of Ordinance #20, Series of 2013 setting, not by imitating surrounding structures, but by being compatible with them as defined in historic preservation guidelines. Staff and HPC believe that this proposal meets statements A-D from the Purpose and Intent of the Historic Preservation program. The property is in the downtown historic district: Aspen's first district and one of the earliest in the State of Colorado. The historic district is the image of the town to many residents and visitors and provides a unique identity to the resort. About 50% of the structures in Aspen' s downtown core are Victorian era. Buildings like the subject property are among the relatively few remaining places that clearly represent the town' s character in the 19608 and 70s, when explosive development pressure caused many citizens to actively defend and attempt to preserve Aspen's small town character and individualism. The property is considered a "best" example of the Modemist style in Aspen. Except for the recent stone veneer, the building has not been- greatly altered since construction. Staff respects the applicant's efforts to identify the minimum preservation benefits that will support this specific preservation and development effort. The negotiation process creates the opportunity for the City to incentivize a level of high quality restoration and preservation that might not otherwise be possible. RECOMMENDATION: Staff recommends that Council support this request to amend Ordinance #6, Series of 2012, revising the benefits for historic preservation of 514 E. Hyman Avenue. PROPOSED MOTION: "I move to adopt Ordinance #20, Series of 2013." CITY MANAGER COMMENTS: Attachments: Ordinance #20, Series of 2013 Exhibit A: Application Exhibit B: Ordinance #6, Series of 2012 514 East Hyman Avenue AspenModern Negotiation -First Reading of Ordinance #20, Series of 2013 ORDINANCE #20 (Series of 2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING ORDINANCE #6, SERIES OF 2012, THE ASPENMODERN NEGOTIATION APPROVED FOR THE PROPERTY LOCATED AT 514 E. HYMAN AVENUE, LOT N, BLOCK 94, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID NUMBER: 2737-182-13-002 WHEREAS, the applicant, 514 AH, LLC, represented by Haas Land Planning, has requested an amendment to an AspenModern voluntary landmark negotiation approved pursuant to Aspen Municipal Code Section 26.415.025(C), AspenModern Properties; and WHEREAS, Â§26.415.025.C(1)d establishes that "as part of the mutually acceptable agreement, the City Council may, at its sole discretion, approve any land use entitlement or fee waiver permitted by the Municipal Code and may award any approval that is assigned to another Board or Commission, including variations;"and WHEREAS, on March 26, 2012, City Council approved Ordinance #6, series of 2012, which allowed â€¢ Removal and rendering null and void a 1980 Basement Restriction Agreement with the City in favor of underlying zoning compliance. â€¢ Growth Management exemption for 1.5 employees created by a new free-market residential unit, and an 1,140 square foot Free-Market Residential floor area increase. â€¢ Five years of vested property rights; and WHEREAS, the applicant requests approval to amend Ordinance #6, Series of 2012, removing the residential incentives and replacing them with commercial incentives, namely: â€¢ Growth Management exemption for the additional 0.9 employees generated by the creation of new net leasable space. â€¢ A waiver of the cash-in-lieu fee for the 1.37 parking spaces generated by the new net leasable space; and WHEREAS, the Community Development Department performed an analysis of the application and found that the review standards are met. The staff report analyzed the proposed preservation incentives and monetary value of the benefits. The value of the additional employee mitigation exemption encompassed in the amendment is $122.234. The value of the parking cash-in-lieu fee waiver is S41,100; and 514 E. Hyman Avenue Ordinance #20, Series o f 201 3 Page 1 of 4 WHEREAS, the City Council finds that the proposal meets or exceeds all applicable development standards and that the approval of the development proposal 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 ofpublic health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AS FOLLOWS: Section 1: Amendment to Aspen Modern Negotiation Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves removal and rendering null and void the 1980 Basement Restriction Agreement in favor of underlying zoning compliance, Growth Management exemption for affordable housing mitigation of the 4 FTE generated the new net leasable space (which, for non-landmarks, would require 60% mitigation, or 2.4 FTEs), and a waiver of the cash-in-lieu fee for the 1.37 parking spaces generated by the new net leasable space. Section 2: Vested Rights The development approvals granted herein shall constitute a site-specific development plan and a vested property right attaching to and running with the Subject Property and shall confer upon the Applicant the right to undertake and complete the site specific development plan and use of said property under the terms and conditions of the site specific development plan including any approved amendments thereto. The vesting period of these vested property rights shall be for five (5) years which shall not begin to run until the date of the publications required to be made as set forth below. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Â§ 26.104.050, Void Permits. Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to Chapter 26.308, Fested Property Rights. Pursuant to Â§ 26.304.070(A), Development Orders, such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of five (5) years, pursuant to the Land Use Code of the City of Aspen and Title 24, 514 E. Hyman Avenue Ordinance #20, Series of 2013 Page 2 of 4 Article 68, Colorado Revised Statutes, pertaining to the following described property: 514 E. Hyman Avenue, Lot N, Block 94, City and Townsite of Aspen. Nothing in this approval shall exempt the Development Order from subsequent reviews and approvals required by this Ordinance of the general rules, regulations and ordinances or the City o f Aspen provided that such reviews and approvals are not inconsistent with this Ordinance. The vested rights granted hereby shall be subject to all rights of referendum and judicial review. The period of time permitted by law to exercise the right of referendum to refer to the electorate this Section of this Ordinance granting vested rights; or, to seek judicial review of the grant of vested rights shall not begin to run until the date o f publication o f the notice o f final development approval as set forth above. The rights of referendum described herein shall be no greater than those set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 3: 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 Historic Preservation 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 4: 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 5: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the o ffice o f the Pitkin County Clerk and Recorder. Section 6: A public hearing on this ordinance shall be held on the 28th day of May, 2013, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. 514 E. Hyman Avenue Ordinance #20, Series o f 2013 Page 3 0 f 4 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City ofAspen on the 13th day of May, 2013. Michael C. Ireland, Mayor ATTEST: Kathryn Koch, City Clerk FINALLY, adopted, passed and approved this day of , 2013. Michael C. Ireland, Mayor ATTEST: Kathryn Koch, City Clerk APPROVED AS TO FORM: James R. True, City Attorney 514 E. Hyman Avenue Ordinance #20, Series of 2013 Page 4 of 4 4//7-11 I L City of Aspen Community Development Dept. 130 S. Galena Street Aspen, CO 81611 RE: 514 East Hyman Avenue (PID# 2737-182-13-002) Amendment to AspenModern Negotiation (Ordinance No. 06-2012) To whom it may concern: As owner of the above referenced property, I hereby authorize Haas Land Planning, LLC (HLP) to act as my designated and authorized representative for the preparation, submittal and processing of an application requesting amendment to the AspenModern Negotiation approvals of Ordinance Number 6, Series of 2012, as well as any subsequent applications or incidental approvals associated therewith. HLP is also authorized to represent us in meetings with City staff, the Housing Board, the I Iistoric Preservation Commission, the Planning and Zoning Commission, and the Aspen City Council. Should you have any need to contact us during the course of your review, please do so through Haas Land Planning, LLC, whose address and telephone number are included with the application. f Wi) A A j- /04'91 c v vâ€ž- /51# At~ LLC . --UV by\,Brooke Peterson, Manager P.O. Box 4068 Aspen, CO 81612 (970) 925-2619 lillfilliwillimililillhYBI.:~al RECEIVED HAAS LAND PLANNING - tiT,brl qi*N 201 N. MILL STREET, SUITE 108 - ASPEN, CO 81611 - (970) 925-7819 - MITCFIEMM)4#7*u '40 DEVELOPMENT To: March 26,2013 Mayor and City Council ']hru: Amy Guthrie Date: Subject: Amendment of Ordinance No. 6 (Series of 2012) regarding the Negotiated Aspen-Modern Landmark Designation of 514 East Hyman Avenue Section I: Introduction In November of 2011, the then owner of the subject property submitted an application proposing restoration of the building's original Robin Molny design along with assurances as to its preservation through AspenModern Landmark Designation in exchange for certain land use entitlements. The restoration and remodel was approved to include commercial use along with a third-floor residential penthouse addition set fifteen feet back from the restored historic faâ„¢le. Pursuant to Resolution No. 3, Series of 2012, the Historic Preservation Commission (HPC) approved Conceptual Major Development and Conceptual Commercial Design Review and made a recommendation of approval for Historic Landmark Designation to City Council. Pursuant to Ordinance No. 6, Series of 2012, Council approved the Landmark Designation as well as certain benefits requested by the applicant through the AspenModern negotiation. On March 26, 2012, the Coldwell Banker-MasonMorse Building at 514 East I lyman Avenue was officially designated a historic landmark through the AspenModern negotiation process with the City Council's unanimous approval of Ordinance Number 6, Series of 2012. In exchange for agreeing to so designate the property and complete an exemplary restoration of Molny's "Gargo)de Building," City Council granted the then applicant development approvals along with the following modest benefits outlined in Section 2 of said Ordinance, which remains vested and in full force through March of 2017: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves removal and rendering null and void the 1980 Basement Restriction Agreement in favor or underlying zoning compliance, and allowable Free-Market Residential FAR of 0.88: 1 (as compared to the 0.5:1 allowed by right). The Conceptual approvals from the HPC and negotiated AspenModern land use approvals from the City Council contemplated commercial use on the basement level, the ground floor and part of the second floor, with a residential penthouse unit occupying the front portion of the second floor and the entire third floor. 514 E. Hyman Avenue AspenModern Amendment (PID 2737-182-13-002) Page 1 However, while an application to the HPC for Final Major Development and Final Commercial Design Review was pending, the property sold to 514 AH LLC, whose Manager is Brooke Peterson. The new ownership group amended the design slightly before obtaining I-IPC's unanimous approvals. All of the approvals are discussed below and copies of the approval documents are provided herewith. The following changes were proposed by the current owner/ applicant and have been approved by the HPC to facilitate and accommodate the efficient use of the entire building by one company for purely commercial purposes. Very little has changed with regard to the building exterior since the Conceptual approvals, but the recently granted Final approvals from the HPC include changes to a few details on the third floor roofscape, the garage area on the rear of the structure changed to an on-site utility/trash/recycle area, and the two front doors on Hyman Avenue have been eliminated in favor of a more exact restoration of the original Molny design with jukt one historically accurate main entrance location. In addition, the entry plaza has been simplified and redesigned to provide greater consistency with Molny's original design. The recently obtained Final approvals from the HPC are based on the understanding that the applicant must and is now hereby separately requesting approvals from the City Council to amend the approved Aspen-Modern negotiation to enable the purely commercial use of the property. With approval of this request the City will still have received landmark designation, commitment to all exemplary restoration effort a design that everyone has seemingly been quite happy with, and the elimination of an approved downtown residential penthouse unit that required the award of more floor area than was allowed by Code for the use but no employee housing mitigation whatsoever. Section II: The Proposal Pursuant to Code Section 26.415.025(C)(11 the submittal of this AspenModern application initiates a negotiation period of up to ninety days (but hopefully less given the very limited scope of the request). The City Council or the applicant may choose to terminate the negotiations at any time. The goal of the negotiation period is described in the Code as reaching a nmtually acceptable agreement. Aspen-Modern is a program adopted by the City of Aspen to address, through negotiation of incentives for designation, the negative impacts that the loss of landmark eligible buildings would have on the health, peace, safety, and general well being of the residents and visitors of Aspen, and the diminishment of Aspen's unique architectural character, livability, and attractiveness as a destination. Pursuant to this goal, the HPC has granted conceptual and final 514 E. Hyman Avenue AspenModern Amendment (PID 2737-182-13-002) Page 2 development approvals for the 514 East Hyman Avenue property, and City Council has granted development approvals with benefits/ incentives in exchange for the property being landmark designated. The adopted Code provisions provided at Section 26.415.025(C) state that, "When any benefits that are not included in Section 26.415.110 nre requested by the property owner, the HPC [and, subsequently, City Council] shall also evaluate how the designation, and any development that is concurrently proposed, meets the policy objectives for the historic preservation program..." [emphasis added]. Given that all of the aforementioned approvals have been granted, and with unanimous votes at the City Council and Final HPC hearings, clearly Council and the HPC have determined that the designation and associated development meets the policy objectives of the historic preservation program. One of the benefits not included in Code Section 26.415.110 but which Council approved was the award of additional free-market residential floor area beyond that provided by zoning to accommodate development of a second- and third- floor penthouse unit. Since the time Council approved Ordinance No. 6, Series of 2012, the City amended the Code to limit building heights in the Commercial Core (CC) Zone District to just two stories and 28 feet, with third floors possible only to house lodging use. In other words, the CC zone district no longer allows free-market residential use at all, much less on a third floor. Notwithstanding this change, the approvals granted pursuant to Ordinance No. 6 remain vested and in full force through March of 2017, allowing development of 2,640 square feet of free-market residential floor area (where only 1,500sf were otherwise allowed) to accommodate a third floor penthouse unit without any associated employee housing initigation requirement. The new owners of the property would prefer to eliminate the free-market residential use altogether and, in doing so, simultaneously forfeit the 2,640 square feet of free-market residential floor area that was approved and remains vested. While the recently adopted code amendments allow only lodge uses on third floors, the applicant seeks to amend Ordinance No. 6 only to allow the entire approved building to be used for commercial/office purposes. The proposal will include a total of approximately 5,485 square feet of commercial Floor Area while the CC Zone District allows up to 6,000 square feet of commercial Floor Area. As such, no Floor Area-related incentives remain necessary. No other changes to the approval are requested and, it is hoped that the City Council will prefer commercial/ office use to the approved penthouse use enough to allow this change in a mutually acceptable manner, which from the applicanfs perspective means without seeking to impose any additional, associated requirements. 514 E. Hyman Avenue AspenModern Amendment (PID 2737-182-13-002) Page 3 Replacing the approved free-market residential penthouse use in favor of commercial/office use seems to forward many City goals while eliminating a host of concerns associated with penthouses located above conunercial spaces. For example, by eliminating the penthouse space from the front portion of the second floor and the entire third floor, these spaces will be in active use day-in and day-out throughout the year. In addition, there would no longer be any reason to fear that covenants or restrictions would be enacted to protect a free- market residential buyer/owner from having in the building a restaurant, night club, or similar use that might add to the vitality of this downtown location. Upon completion of these entitlements, the applicant will work with the Community Development Department to obtain all necessary Growth Management approvals pursuant to Code Section 26,470,060(4), Minor Enlargement of an Historic Landmark for Commercial, Lodge or Mixed-Use Development. To wit, Section 26.470.060 of the Code provides that the Community Development Director (CDD) has the ability to approve, approve with conditions, or deny certain Growth Management applications. Subsection (4) thereof allows for the approval of a minor enlargement of a Historic Landmark for commercial, lodge or mixed-use development provided that the following criteria are met: a. If the development increases either floor area or net leasable space/lodge units, but not both, then no employee mitigation shall be required. b. If the development increases both floor area and net leasable space/lodge units, up to four (4) employees generated by the additional commercial/lodge shall not require the provision of affordable housing. An expansion generating more than four (4) employees shall not qualify for this administrative approval and shall be reviewed pursuant to Paragraph 26.470.070.1. c. No more than one (1) free-market residence is created. This shall be cumulative and shall include administrative GMQS approvals granted prior to the adoption of Ordinance No. 14, Series of2007. The existing net leasable area is approximately 6,250 square feet and the proposal will increase this to approximately 7,617 square feet for a total increase of approximately 1,367 net leasable square feet, Simultaneously, some 1,917 square feet of approved free-market residential net livable area will be eliminated. The current proposal for only commercial use of the building includes a total'Floor Area of approximately 5,485 square feet while the approval granted under Ordinance No. 6 (Series of 2012) allowed for a total Floor Area of 5,771 square feet. In other words, the Floor Area will decrease by some 286 square feet as a result of this amendment. In the end, therefore, the development increases net leasable space, eliminates approved free-market net livable space, and decreases the cumulative Floor Area, Accordingly, pursuant to subsection "a," above, no employee mitigation is 514 E. Hyman Avenue AspenModem Amendment (PID 2737.182-13-002) Page 4 required. Furthermore, not even one free-market residence will be created by the proposed development. Therefore, this proposal satisfies the criteria for approval as a minor enlargement of a Historic Landmark and should be approved by the Community Development Director. It is hoped that the information provided herein proves helpful in the review and approval of this exceptional project and exemplary preservation effort. If you should have any questions or desire any additional information, please do not hesitate to contact me. Truly yours, Haas Land Planning, LLC Mitch Haas Owner/Manager Attachrnents: e Vicinity Map â€¢ Copies of related approval documents â€¢ Plans Set e Pre-Application Conference Summary e Signed Fee Agreement with Payment o Authorization Letter â€¢ Warranty Deed/Proof of Ownership CC: Brooke Peterson, Manager, 514 AH LLC 514 E. Hyman Avenue AspenModern Amendment (PID 2737-182-13-002) Page 5 VICINITY MAP 514 EAST HYMAN AVENUE ... f.,0 n .. .- k 1 "gVii ,_ f 6 /821 2 Aspen e 0 24'#0: St Bkins AM ':' E Hop.41,1 s A-gy 0 0 .... ~ 6 4,6. .Hen-On 6 ~ 0.Â·,apr, At E 5 Paepoke Pwk - 65 02 8 63 f - . - 9 (63) CO - 2 1,1,; 5 414 1 Park c 4yman Ave E Hyn.Â·an Aire 43. gE Hip4:a :.A, e . M 60 4 4 00 W Coon: r hic 0 8 Ccer>22 Ave 2 ~'Par E H. Koch Lumbe~ ...%1* ,Park 140gner Park $ -ura ,1 1 Ant 0$ f. Hy' E u; u \Val g z E cOÂ¢>rx, Ave 8 & 9 E- 40 9. 0 1*21 e e coope., U Ou- J:Â·an 53 e 8 e & AE 0 01 0~. fE 11'-19 9.Le S E 00â‚¬11:,t Â·tr 0 6 9Â·Â·Â·Â·a,A r- 0 Pr& ;01 E St:mme 9 wity t., . ce 4 0 97 42,4, .iN . 49 mapguest f e GÂ·2011 Map{Diest Poition$ *2011 NAVTEQ : 4 '494 3 GarmitÂ·.ch 5 '41 Â·lounlom 10,1 ay ORDINANCE #6 (Series of 2012) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING HISTORIC LANDMARK DESIGNATION AND BENEFITS THROUGH THE ASPENMODERN PROGRAM FOR THE PROPERTY LOCATED AT 514 E. HYMAN AVENUE, LOT N, BLOCK 94, CITY AND TOWNSITE OF ASPEN, COLORADO , PARCEL ID NUMBER: 2737-182-13-002 WHEREAS, the applicant,. Mason and Morse, Inc,, represented by Haas Land Planning and CCY Architects, submitted an application on November 29, 2011, pursuant to. Section 26.415.025(Ch AspenModern Properties, of the Aspen Municipal Code, to voluntarily participate in the A?penModern ninety-day negotiation period for the properties located at 514 E, Hyman Avenue, Lot N, Block 94, City and Townsite of Aspen; and ~. WHEREAS, pursuant to Â§26.415.025.C(11 -the ninety-day AspenModern negotiation commenced on November 29,2011; and Â· ' WHEREAS, Â§26.415.025,C(1)(b) states that, during the negotiation peridd, "the Community Development Director shall confer with the Historic Pieservation Commission, during a public meeting, regarding the proposed building permit and the nature of the pfoperty. The property owner shall be provided notice of this meeting;" and~ WHEREAS, the property owners' representative met with the . Historic Preservation Commission (the HPC) on January 25,2012; and WHEREAS, at their regular meeting on January 25, 2012, the HPC considered the application; found that 514 E, Hyman Avenue is a "best" example of the Modern style in Aspen evaluated the dÂ¢signation and proposed development; and, foutid that the -policy objectives for the historic preservation program stated at Â§26.415.010, Purpose and Intent are met, and recommended City. Council ("Council") abproval of Historic Landmark Designation; and WHEREAS, Â§26.415.025.CO)(d), states 'that, during the negotiation period, "council may negotiate directly with the property owner or may choose to direct the Community Development Director, or other City staff as necessary, to negotiate with the property owner to reach a . mutually acceptable agreement for the designation of the property"; and WHEREAS, Â§26.415.025.((1)d establishes that "as part of the mutually acceptable agreement, the City Council may, at its sole discretion, approve any land use entitlement or fee waiver permitted by the Municipal Code and may award any approval that is assigned to andther Board or Commission, including variations;"and . 5,14 E. Hyman Avenue Ordinance #6, Series of 2012 Page 1 of 4 WHEREAS, in addition to Historic Landmark Designation and Benefits available to all Landmarked propdrlies subject to the Aspen Municipal Code, the applicant has identified preservation incentives that are rdquested as part of the AspenModern negotiation process.- Those incentives include: D 1. Removal and rendering null and void the 1980 Basement.Restriction Agreement in favor of underlying zoning compliance; 2. An allowable Free-Market Residential FAR of 0,88:1 (as compared to the 0.5:1 allowed by right); and 3. Ten (10) years of vested property rights. WHEREAS,.the Community Development Department performed an analysis of the application ) fdr Landmark Designation and found that the review standards are met. The staff report analyzed the proposed preservation incentives and monetary yalue of the benefits where possible; and . WHEREAS, the City Council finds that the proposal meets or exceeds all applicable development standards and that the approval of the development proposal is .consistent with the goals and elements of the Aspen Area Cominunity Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion ofpublie health, safety, and welfare. ~ NOW, THEREFORE, BE IT RESOLVED By THE CITY COUNCIL OF TIIE, CITY OF ASPEN, COLORADO, AS FOLLOWS: Section 1: Historic Landmark Designation . Pursuant to the procedures and btandards set 'forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves Historic Designation for 514 E. Hyman Avenue, ,Lot N, Block 94, City and Townsite of Aspen subject to the conditions described herein, Upon the effective date of this ordinance, the City Clerk shall r'ecord with the real estate records of the Clerk and Recorder of the County, a certified copy of this ordinance.* The location of the historic landmark property designated by this ordinance shall be indicated on the official maps of the City that are maintained by the Community Development Depaftment. Section 2: Aspen Modern Negotiation . - Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves removal and rendering null . and void the 1980 Basement Restriction Akrcement in favor of underlying zoning compliance, and an allowable FreeLMarket Residential FAR of 0.88: 1Â· (as compared to the 0.5:1 allowed by right). Section 3: Vested Rights The development approyals granted herein shall constitute a site-specific development plan and a vested property right attaching to and running with the Silbject Property and shall confer upon the 514 E. IIyman Avenue 0 Ordinanoe #6, Series of 2012 Page 2 of 4 Applicant the right to undertake and complete the site specific development plan and use of said property under the terms and conditions of the site specific development plan includihg any approved amendments thereto. The vesting.period of these vested property rights shall be for five (5) years which shall not begin to run until the date of the publications required to be made as set forth below. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and' agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the developme'nt order void within the meaning of Â§ 26.104.050, Void Permits. Zoning that is not part of the approved site-specific development plan shall no't result in the creation of a vested property right. No later than fourteen (14) days following final approval of this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Â· Aspen, a notice advising the general public of the approval of a site specific development plan. and creation of Â·a vested property right pursuant to Chapter 26.308, Vested Property Rights. Pursuant to Â§ 26.304.070(A), Development Orders, such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of five (5) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 514 E. Hyman Avenue, Lot N, Block 94, City and Townsite of Aspen, Nothing in this approval shall exempt the Developnient Order from subsequent reviews and approvals required by this Ordinance of the general rules, regulations and ordinances or the CityÂ· of Aspen provided that such reviews and approvals are not inconsistent with this Ordinance. The vested rights granted hereby hhall be subject to all rights of referendum and judicial review. The period of time permitted by law to exercise the right of referendum to refer to the electorate this Section of this Ordinance granting vested rights; or,Â· to seek judicial review of thâ‚¬ grant of vested rights shall not begin to run until the date of publication of the notice of final development approval as set forth above. The rights of referendum described herÂ©in shall be no greater*than those set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 4: 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 Historic Preservation 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, 514 E. Hyman Avenue Ordinance #6, Series of2012 , . Page 3 of 4 Section 5: ~ ~ This ordinance shall not affect any existing litigation and shall not operate as an abatemeht 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 6: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or zpconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent .provision and shall not affect the validiti, of the remainink portions thereof. The City Clerk is directed, uponthe adoption of this ordinancd, to record a copy ofthis ordinance in the office.ofthe Pitkin County Clerk and Recorder. Section 7: A public hearing on' this ordinance shall be held on the 12'h day of March, 2012, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen oh the 1'3th day ofFebruary, 2012. 44&144 +911- Michael C. Ireland, Mayor A, Kathryn Koclytity-Clerk FINALLY, adopted, passed and approved this 2~ day ofi ~ â‚¬012. 994 44+~1.$1*VAA/(. C.!.14 41-- Michael C. Ireland, MÂ®or ~*Â»9140_ Kathryn Koc}0fty CMrk APPROVED AS TO FORM: ~fames R. True, City Attorney 514 E Hyman Avenue 0. Ordinance #6, Series of 2012 Page 4 of 4 A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION RECOMMENDING THE ASPEN CITY COUNCIL APPROVE HISTORIC LANDMARK DESIGNATION OF THE PROPERTY LOCATED AT 514 E. HYMAN AVENUE, LOT N, BLOCK 94, CITY AND TOWNSITE OF ASPEN, COLORADO THROUGH THE ASPENMODERN PROGRAM, AND APPROVING CONCEPTUAL MAJOR DEVELOPMENT AND COMMERCIAL DESIGN STANDARDS REVIEW RESOLUTION # 3, SERIES OF 2012 PARCEL ID: 2737-182-13-002 WHEREAS, the applicant, Mason and Morse, Inc., represented by Haas Land Planning and CCY Architects, submitted a letter dated November 29, 2011 requesting that the property located at 514 E. Hyman Avenue, Lot N, Block 94, City and Townsite of Aspen be considered for voluntary historic designation in exchange for specific benefits through the AspenModern negotiation; and WHEREAS, the 90 day AspenModem negotiation commenced on November 29,2011; and WHEREAS, the property is located within the designated boundaries of the Commercial Core Historic District as described in City Counoil Ordinance number 49, Series of 1974; and WHEREAS, the applicant also requested HPC Major Development (Conceptual) and Commercial Design Review (Conceptual) approval; 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 con formance with the Commercial, Lodging, and I Iistoric District Objectives and Guidelines per Section 26.412.040 of the Municipal Code. 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 RECEPTION#: 586585, 02/09/2012 at 10:06:12 AM, 1 OF 3, R $21.00 Doc Code RESOLUTION 514 E. Hyman Avenue - AspenModem Janice K. Vos Caudill, Pitkin County, CO HPC Resolution #3, Series of 2012 WHEREAS, Amy Guthrie, in her staff report to HPC dated January 25, 2012, performed an analysis of the application based on the standards, found that the review standards had been met, determined that the property meets the criteria for designation and the integrity score qualifies as the "best" category of historic resources, and recommended approval of the project with conditions; and WHEREAS, at their regular meeting on January 25, 2012, the Historic Preservation Commission considered the application during a duly noticed public hearing, the staff memo and recommendation, and public comments, and found the building to be consistent with the designation criteria by a vote of 4 to 1, NOW, THEREFORE, BE IT RESOLVED: That HPC hereby finds that the property located at 514 E. Hyman Avenue, Lot N, Block 94, City and Townsite of Aspen, meets the designation criteria of Land Use Code Section 26.415.030.C.1 and Land Use Code Section 26.415.010 Purpose and Intent, and recommends Aspen City Council negotiate for landmark designation. HPC finds that 514 E. Hyman Avenue is a "best" example of the Modern architecture, HPC hereby grants HPC Major Development (Conceptual) and Commercial Design Review (Conceptual) approval. These recommendations and approvals are granted with the foljowing conditions: 1. A height variation to 40' is granted for the new addition. 2. The applicant shall provide additional explanation of how proper trash/utility/service area is accommodated. 3. HPC supports the negotiation request for removal of a previously established restriction on the use of basement space in the building. 4. HPC does nol support the negotiation request for 10 years of vested rights. 5, HPC recommends the FAR of the residential unit be reduced from the amount requested through negotiation. 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 25th day of January, 2012, G lii f hu, Ann Mullins, Chair 5 14 E, Hyman Avenue - AspenModern HPC Resolution #3, Series of 2012 Approved as to Form: 0~/fim True, Special Counsel ATTEST: Xt g<-A 4 AA ~ Uts*KIKD Kathy StrieKIRRd, Chief Deputy Clerk 514 E. Hyman Avenue - AspenModern HPC Resolution #3, Series of2012 RECEIVED CITY OF ASPEN MAR 2 6 7013 PRE-APPLICATION CONFERENCE SUMMARY CITY OF.ASPEN PLANNER: Amy Guthrie, 970.429.2758 DATÂ®M@%1Â¥1*VELOPMENT PROJECT: 514 E. Hyman Avenue, Lot N, Block 94 REPRESENTATIVE: Mitch Haas, Haas Land Planning OWNER: 514 AH, LLC DESCRIPTION: 514 E. Hyman is a mixed use building, constructed in 1971. In early 2012, Conceptual design approval, voluntary historic landmark designation, and historic preservation incentives were granted through the AspenModern program, HPC approved Resolution #3, Series of 2012 and City Council approved Ordinance #6, Series of 2012. Special preservation incentives awarded by Council were: â€¢ Voiding of a 1980 zoning/building restriction on the use of the basement in favor of underlying zoning compliance. â€¢ An allowable Free-Market Residential FAR of 0.88:1 (as compared to the 0.5:1 allowed by right). â€¢ Five years of Vested Rights. The Community Development Director also prepared a draft GMQS exemption for one free market unit added to a landmarked building. The exemption was not executed as Planning Staff was informed in January 2013 that the property sold and the new owner wished to change the program of the third floor addition from residential to commercial. On February 27, 2013, HPC granted Final design approval through Resolution #4, Series of 2013. HPC approved a waiver of the requirement for one on-site parking space generated by the new commercial space, and a waiver of the cash-in-lieu fee that would otherwise be required, HPC also approved a minor modification to the dimensions of the required utilities/trash/recycling area. The proposal to increase office space must return to City Council for an amendment to Ordinance #6, Series of 2012. The project no longer needs an increase in free market floor area. Instead, the project needs a different Growth Management exemption, which is waiver of affordable housing mitigation for the first four employees generated by an expansion of net leasable space. The applicant must request Council remove the residential floor area incentive and accept the commercial Growth Management exemption and the parking waiver needed for the revised proposal. Council cannot revoke the approved Ordinance. Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 26.415.025.C AspenModern 26.470.060.4 Administrative Growth Management, Minor Enlargement of an Historic Landmark for Commercial, Lodge or Mixed Use Development Land Use Code (including all code sections cited above): http:Uwww.aspenp itkin .com/De partments/Commu nity-D evelopment/Planning-and-Zoning/Title-Â·2@z Land-Use-Code/ HPC application: http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/AppsÂ°/020and%20Fees/201.1-%20Historicf/>RQL and%20UseÂ°/020App%20Form.pdf 1 % Review by: Staff for completeness, Council for determination Public Hdaring: Yes, at Council Second Reading Referral Agencies: Housing Planning Fees: $1,950 for 6 billable hours (additional or less billable hours are at $325 per hour) Referral Agency Fees: $975. Total Deposit: $2,925. To apply, please submit 1 copy of: 0 Signed fee agreement with payment. 0 Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 0 Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. And 12 copies of: O An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. O Scaled elevations and/or drawings of the proposed work and its relationship to the designated historic buildings, structures, sites and features within its vicinity. Â¤ An accurate representation of all building materials and finishes to be used in the development. 0 Photographs and other exhibits, as needed, to accurately depict location, extent and design of proposed work. Â¤ A written description of the proposal and an explanation of how the proposed development, and any requested variances or bonuses, complies with the review standards and design guidelines relevant to the application. Applicants are advised that building plans will be required to meet the International Building Code as adopted by the City of Aspen, the Federal Fair Housing Act, and CRS 9.5.112. Please make sure that your application submittal addresses these building-related and accessibility regulations. You may contact the Building Department at 920-5090 for additional information. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the futurel and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. ELLÂ» 3 ORDINANCE #6 (Series of 2012) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING HISTORIC LANDMARK DESIGNATION AND BENEFITS THROUGH THE ASPENMODERN PROGRAM FOR THE PROPERTY LOCATED AT 514 E. HYMAN AVENUE, LOT N, BLOCK 94, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID NUMBER: 2737-182-13-002 WHEREAS, the applicant, Mason and Morse, Inc., represented by Haas Land Planning and CCY Architects, submitted an application on November 29, 2011, pursuant to Section 26.415.025(C), AspenModern Properties, of the Aspen Municipal Code, to voluntarily participate in the AspenModern ninety-day negotiation period for the properties located at 514 E. Hyman Avenue, Lot N, Block 94, City and Townsite of Aspen; and - WHEREAS, pursuant to Â§26.415.025.C(1), the ninety-day Aspen.Modern negotiation commenced on November 29,2011; and . WHEREAS, Â§26.415.025.C(1)(b) states that, during the negotiation period, "the Community Development Director shall confer with the Historic Preservation Commission, during a public meeting, regarding the proposed building permit and the nature of the property. The property , owner shall be provided notice of this meeting;" and WHEREAS, the property owners' representative met with the Historic Preservation Commission (the HPC) on January 25,2012; and WHEREAS, at their regular meeting on January 25, 2012, the HPC considered the application; found that 514 E. Hyman Avenue is a "best" example of the Modern style in Aspen evaluated the designation and proposed development; and, found that the policy objectives for the historic preservation program stated at Â§26.415.010, Purpose and Intent are met, and recommended City Council ("Council') approval of Historic Landmark Designation; and WHEREAS, Â§26.415.025.C(1)(d), states that, during the negotiation period, "counci] may negotiate directly with the property owner or may choose to direct the Community Development Director, or other City staff as necessary, to negotiate with the property owner to reach a mutually acceptable agreement for the designation of the property"; and WHEREAS, Â§26.415.025.CO)d establishes that "as part of the mutually acceptable agreement, the City Council may, at its sole discretion, approve any land use entitlement or fee waiver permitted by the Municipal Code and may award any approval that is assigned to another Board or Commission, including variations;"and 514 E. Hyman Avenue Ordinance #6, Series of 2012 Page 1 of 4 WHEREAS, in addition to Historic Landmark Designation and benefits available to all Landmarked properties subject to the Aspen Municipal Code, the applicant has identified preservation incentives that are requested as part of the AspenModern negotiation process. Those incentives include: 1. Removal and rendering null and void the 1980 Basement Restriction Agreement in favor of underlying zoning compliance; 2. An allowable Free-Market Residential FAR of 0.88:1 (as compared to the 0.5:1 allowed by right); and 3. Ten (10) years of vested property rights. WHEREAS, the Community Development Department performed an analysis of the application , ) for Landmark Designation and found that the review standards are met. The staff report analyzed the proposed preservation incentives and monetary value o f the benefits where possible; and WHEREAS, the City Council finds that the proposal meets or exceeds all applicable development standards and that the approval of the development proposal 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 ofpublic health, safety, and welfare. - NOW, THEREFORE, BE IT RESOLVED By THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AS FOLLOWS: Section 1: Historic Landmark Designation Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves Historic Designation for 514 E. Hyman Avenue, Lot N, Block 94, City and Townsite of Aspen subject to the conditions described herein. Upon the effective date of this ordinance, the City Clerk shall record with the real estate records of the Clerk and Recorder of the County, a certified copy of this ordinance. The location of the historic landmark property designated by this ordinance shall be indicated on the official maps of the City that are maintained by the Community Development Department. Section 2: Aspen Modern Negotiation Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves removal and rendering null and void the 1980 Basement Restriction Agreement in favor of underlying zoning compliance, and an allowable Free-Market Residential FAR of 0.88: 1 (as compared to the 0.5:1 allowed by right). Section 3: Vested Rights The development approvals granted herein shall constitute a site-specific development plan and a vested property right attaching to and running with the Subject Property and shall confer upon the 514 E. Hyman Avenue Ordinance #6, Series of 2012 Page 2 of 4 Applicant the right to undertake and complete the site specific development plan and use of said property under the terms and conditions of the site specific development plan includihg any approved amendments thereto. The vesting period of these vested property rights shall be for five (5) years which shall not begin to run until the date of the publications required to be made as set forth below. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Â§ 26.104.050, Void Permits. Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to Chapter 26.308, Vested Property Rights. Pursuant to Â§ 26.304.070(A), Development Orders, such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of five (5) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 514 E. Hyman Avenue, Lot N, Block 94, City and Townsite of Aspen. Nothing in this approval shall exempt the Development Order from subsequent reviews and approvals required by this Ordinance of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this Ordinance. The vested rights granted hereby shall be subject to all rights of referendum and judicial review. The period of time permitted by law to exercise the right of referendum to refer to the electorate this Section of this Ordinance granting vested rights; or, to seek judicial review of thE grant of vested rights shall not begin to run until the date of publication of the notice o f final development approval as set forth above. The rights of referendum described herein shall be no greater than those set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 4: 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 Historic Preservation Commission or City Council, are hereby incorporatedÂ·Â· in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. 514 E. Hyman Avenue Ordinance #6, Series of 2012 , Page 3 of 4 Section 5: ~ 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 6: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office,of the Pitkin County Clerk and Recorder. Section 7: A public hearing on* this ordinance shall be held on the 12th day of March, 2012, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 13th day of February, 2012. 4Yl<Duhlot .-AL Michael C. Ireland, Mayor ,Â«102>42/ Kathryn Koch00 lerk FINALLY, adopted, passed and approved this 2-~ day of /9.443012. 1/6 4%4(- t Michael C. Ireland, Mdyor uu,0 4) 41_ 'Kathryn Koch~ty Clirk APPROVED AS TO FORM: ~arnes R. True, City Attorney 514 E. Hyman Avenue Ordinance #6, Series of 2012 Page 4 of 4 0 0 0 514 E. Hyman Ave RECEiVED CCY ARCHITECTS ASPEN, CO IÂ·In!. Z W /iu.1 Cll Y OFÂ· ASPEN 228 '.'43Â·dA.*-u Pid! O?fri Bi. SPD 81.1/ C./.$) 81621 PA, 11~1 910-9214125 'AÂ·11141, JNITY DEVELOPMENT "'offce 2Â«) AhÂ·*<9 con faâ€¢ 970-411-SW8 514 E. Hyman 'ed t ~ Ave 0 - 42: I * eli ... - fa# 4 .. ./ 11 . nd . ASPEN, CO 2 DATEÂ· 02.19.13 --r ., DRAWN BY: AK 4, . CHECKED BY: Â£ PROJECT NU,â€¢.'BER 11129 ISSUE HPC Final Submiss'On REVISIONS: ' Â·04Â·.(.4,441. 1 ' 444 . I ,. , 214Â£ U .. ABBREVIATIONS PROJECT DIRECTORY SHEETINDEX . t. i.,C: OWNER ARCHITECT BUILDER â€¢- ' 1/Â¥ ,,Â·. MÂ·Â·. Â·tÂ·Â·-~Â·- Â· .4.Â· fÂ·, <---s â€¢- MASON MORSEE CCY ARCHITECTS, LTD, CLEARWATER CONSTRUCTION MANAGEMENT, INC. ARCIÂ«TECTURAL 5 - ./.Â£. 514 1 Hiâ€¢'.1Â·I AVE 2.AK'XAâ€¢./AVENJE PO 110/ 9,1, Qq.Â·EL PO BOK 529 CARBOâ€¢,11./ CO&!â‚¬23 Al.1 COVER SHEET A54/ CO 81611 97~ 3;tâ€¢ *. A12 Sur,ey 471) 921' 7,70 Proposed 30 V,ew BASUT â‚¬O ...1 CONT/.Cl 1400â€¢E P21ERSâ‚¬â€¢'1 97/9274â€¢,5 FAIIA,9/18.54, CO 11/01 JO-tÂ·4 E..AT; COâ€¢il/Â·C 1 ALEX kill'.'a E" E-*i ECâ€¢. 9 -9 -fir A121 f, ... At.3 Egerials Pa'etle t.'Lk '' I_.I'~L k' 1-,1 A21 Site Plan { S- â€¢4T .' . ' I ' GENERAL NOTES A22 Plaza Pian '. .r r SURVEYOR A2 3 Plaza Plan l 'ustiat,ve ' . .'ll L 4/â€¢Il'VI'll ' I ASPEN SURVEY ENGINEERS. INC. All Lower 1â€¢vel Plan A THE / . OX uâ€¢.'ENI.01 -GEN/Vt Câ‚¬,â€¢124 Il y,W OF THE ICATRACT FOR F SH)/ [*Â·'A.NGS 9-1â€¢di ti SUBâ€¢Â·111Â£010 THE AgOUTECIFOR H Sol HER 210 SOUTH GA EN'.Sl A32 Main level Pian CONDRUCh)Â·4Â· LAIESI ttilic,4 ARE H.HE6Â¢P"l- A /;RT A' TH-Sf RELÂ·â€¢EW V. /EHE C A L LE D +04 AN,,Â·.MERE /1 1,16 Sâ‚¬ C )(,r tiâ€¢-'7 fr,6 8 Evi=W Kern CO CONTRACT DOCUVENTS COUS AWE ON FILE Aâ€¢O ANE AVAVELE FCH Slit. 1 BE P.'ADE BY TilE AqCM,TECT EEFOÂ·*E V, 09< IS SEGUÂ·1 /'.1 V.CAI WO92'Â· "", A33 Second Level Pian r,EPECI,7,AT ;HE OFF,-ES OF Tie ARCÂ¢,TE<,1 Slf. L [0708'.1101HS RE'.LE.'./0 540Â°DRAV.iNGS S.3.ECT 10 (0:ITACI JOHÂ·,1137,ORT,i A3.4c Th'rd Floor Plan 8 THECONIRAODOLU'â€¢ellS{ZONMIC* THE/64Â£El.â€¢VII. 1,12 /.ENERA, Ht#Jft'.'EN, ASREQI :EfirIP,RACRACHÂ·CÂ· A.â‚¬OÂ·.E '. I. NOIES IMS S/EC{ZEArKâ€¢Â·1 OEI#'LEÂ»Â·. /1.j !,drÂ·RA.'.iÂ·Â¢GS V.rICâ€¢liRE G THE EU..[i NG r,58'ECTOR Sâ€¢/' I 65 401;60 6,Â· THE COÂ·;TRACTOR V.MEN A35 Rod Ptan COOPERATi.E A'10 CONT,â€¢9 Â»US V.CH< Iâ€¢.Zâ€¢:CA,ED 0'1 HEASON'E.Â¥ r.4/Â£O IHER E IS NEE D or 1.1.PEC 11,ON AS REQU.RE D BY Tte /,TER':11,)9 4 A4.1 Curient South Elevat,or I:/- , IN AN, ONE OF 1,13 DOC t.r.'ENTS 5.Â·I U L DE SUPP. liD AS TH<Â»34 Fu lÂ¥ BU .0.NG CODE , r,Ttl 14110â€¢411. HIS,0.41 IONAL CODE OR AN, LOC/-1 CODE C.0Â·. ERED,Â·l, Ll /.4, CÂ·.SC REPANCY f ET.â€¢.F ri THE CÂ·IFER E NT PAqTS 01 010,9.Â·NCE A41 1 1.10'ny Design SIOU.DEE HEPOHIEO IO THE ARCHIEC] 1â€¢".'EL".TED H 1 HE CONIRÂ« 10,1 SH UL BE RESPONSÂ·81 f FOR Tie SAFETÂ¥ A'OCARE OF C A' L V.ORK 6â€¢14ll (C,Â·'2.V V.,1,1 ALL SIATE ANI) LOCAL â‚¬ COES ,â€¢,) A r JACEN, $ 4 OPER l iES Lâ€¢u,4,Â·,6 {50â€¢ISTRULT, D F Cial CO'.9.17.â€¢ICE V.11/ PLANNING CONSULTANT A4 21 Proposed South Elevat on A4 3 West Elevatâ€¢on 1. â‚¬ 10'll, -ES Aâ€¢,3 5, Â·.a M FERFOWED TO THE H OHES, SMâ€¢:37 405 e F E D E RÂ·Â· l AN) 61/. T E O S H A H ECU.A t iONS / â€¢I D F OR I HE F ROTEI T ICâ€¢'1 O F 1....'Â· , CWJ FS'Â·'4'61 B BY Â»LIRÂ·JEâ€žÂ·Â·EN Câ€¢f ,i,E APPAOPI?,ATE TR//irS Alt V.OR< UNTL IT 13 CELI. ERED CO'.* 'Lt Ito 10 IH= 07.Â·NER H\AS LAâ€¢/ DAANÂ·.Â· '6 LLC COVER SHEET D IHESE OCKL/.â€¢el,S Ac<Er,IENDED TOr,CCULE All LA[10, 1â€¢ATERIALS 1 0014'/1 SCALE LIA'.'.1439 COÂ·,114'.CIOR S'Ittl VER.FÂ¥ All O.'.â€¢EN.1)Â·1â€¢,1 201 N P.LISTHEET.SUHE,(0 A4.4 No,th Elevation 10.4-â€¢.â€¢eli Aâ€¢L) SEN,KES RECO,REO TOC.0'.â€¢AUNE /11 V.OR<OE SCâ€¢{,BED tiCâ€¢12/ANCIES V.IM IHE ANI.MIECI A4 5 East Elevat on Iâ€¢:..;.* r.r A SPENâ‚¬-0 61611 ..Fe 470#WHI HERE/1 IT IS IHE HESIONSâ‚¬Â·Lili- Câ€¢* TIE CO'lIRAC]GH ki EN,Â·)3 10 IHE , LON,le.UC,4 6,1,tl PER,/Â¥ ViC,COORD.Â·,UE,Â·LL 022:.Â·;:S 1,4 -,0,0 4 COM, AC! D.'11-H~S A51 Bu Â·d ng sect on CL'. ATTE,mON OF THZ ANCâ€¢Â«TECT AÂ·/CO':041,7 .S V.MC HV.ILL 1. it PER'Â·'ll , LOIRS. C â‚¬â€¢.IN <GS ANOW,ll 5 i.,Tr, ALL ARCH,TECitutil STHUC TU 811 CONSTRUCTON ACCORO.NG 10 THE riTEÂ·,TONS OF THESE DOCU'.t,15 iT IS 'Â·'ECH Â·Â·1.2/1 /,U'.9 't; Al,)ELECIR.f-Al DRAV.,Â·169 A61 MaGng Simutabon 0 . 1. IHE RESIO ;S,31.In 0- Ti,E AQC,I,EC, TO PROÂ·.,DE DET,0.5 "â€¢1)09 , COAWLIC#I V,â€¢.L ASSÂ·JVE HESPONMPLITY OFITEVS REOJ.1,Â·16 A62 Perspective VieÂ·.is SCALE O HECTE,Â·6 .80'UIL'f''G DES G'l lÂ·ITENI V.HERE 11 4% At TERâ‚¬o RY ExiST:â€¢S .... CO#-11â€¢ONS OR V.HZRE NEGLECIED IN *HE DCK U'.'ENTS L32 Ma'n Level light ng Plan COOR[1 4Â·,101 t.'C) RESOUION UUMÂ·Â·Â·I , IHE BÂ·DE,Â·43 PROCESS O LLD '75Â·45')NSCN STRUCTURA C,RAV.â€¢IGS IOEECHECKEDAGAN,1 Câ€¢NEDOUT 6, TRADE NA'.â€¢2 /1114!SE Docuâ€¢.â€¢Er,Ts Skâ‚¬Â·LleE p / ESENI ED 10 0,5C RE P,/ 04,ES B E,C/ E r,O< te D NG Â£Â·.11,1 CO N,T RUCT,71 A1.1 E Aâ€¢l i '.Â·4'TE Al,LS PRC,,6;EO,OR SUSSTITUIr),1 OF TIOSE SFEr 'RIED. C.=t t.qCITECTIVLD:W.Â·.iÂ·:SS 14011-Â¥ t'GÂ·JEER :40 ARCHilfc.1 0- 'Â·4' L3.3 Mezzan-ne Level LIghting Plan IHE /:trilâ‚¬(.1 FCÂ»Al Ra,EW 1,10 CONTRAI.*022 644, SWD'.'IT SA'.'P.ES L 3.4 Upper Level Lighting Plan â€¢.... CÂ· ' V.MEN REQU RED bY THE ARE,â€¢TECLA';1/ll SUCH S.4.'PiES SH'Â·Ll EE RE'. S'.ED mY 1,45 /14(14:ECI EVOÂ·Ii 1,4Â£ WORK :9 PUÂ«OF.â€¢ED &â€¢.C aÂ·'. t Â· tâ€¢ IST COâ€¢CORI TO THE RE..2.Â·,ED S' .â€¢PLES /.'4 a, 04â€¢4 V.,4 Â·: H D.â‚¬S |;01 r 7~ ~'~I.LE Is t.. ...... CON-ORU S'14 L BE RE'.9.Â·20 AND REPLACED V.,TH ViONâ€¢< ViÂ·/ CH CO!4 Câ€¢Â·4'Â·'S ~ â‚¬ T ~~ t CÂ· Al tHi CONIRACIORS EIPENSE 6/3CONTRACIORS SÂ·illl St'3â€¢.71 b...1 REQUESISAâ€¢Â£) SA'.â€¢-XES FOR REIE..7 THROJOH DIE GE'â€¢ER,4 CONTZ:Â·C,O/ V.FIENV.04â€¢.ISLET IHIO.KDHH 'JOHHER REOUREOLER,â€¢-Ally,SA,Ji 396'Â·,TTALS TO BE V.trd r,/CiOJ'TE TIVE AS NDI 100*LAY V.OÂ« IN PROGâ€¢ESS A 11 1.-1, 11:.GEND AND NOTES 8 Â°"" O 'NO .Mr 6-Al(41 4 DISCRCED utun, 001 A Sll F,KE S~(Â¥ CÂ©414 O St, a.gÂ¥ U~,Au' Mil A 901 111Â¥And Â§130 01 A IDU U 100 4 910* *ATER L4 4 tÂ©CATID I HWAN AW 14,46 â€¢OÂ£ tiCCIâ€¢C. CAS. Â»0 CAT, Ut lÂ©Â¢AITO . Al" routs Aootts' 414Â· 10,LE 0,044â€¢00 M S),D- ~~ ALLEY 8 iERS@F * 2*W Ka*. -K 94 n. 4 CEÂ©0â€ž.4 TRIE 4 -4- 1 NUA MAAS AD 'ADA Ek(*010â€¢ 0,â€¢0 AU/1 AS DIO*4 " a.00,0 11,001 4 4-!IÂ¥ 4 QI, tite. (4444 no B 2 SIORY CA IncATO* 41 i UASONRY But-0,40 -340;MHQ =81 -1 - p.*Ar' 0,0,8,2 '00&â€¢ immla;iX*~ keâ€¢- N N ,(21&66 & 4 1 LOT 1 mr,rizaar*lricwur-- 4.- 1 1 *4, PAW I Â·44 il Â· lots 6Â¢&11- m, P t.. â€¢ADO I 4 04.. Cloot COU< Courtâ€¢Aril -- \N'/ A -. Â« Â®mic = m M VZ#<%/*aÂ£gaLO m~/ 1002 11. N CC#IC..00, CO..4 **Artl VAK 0 EAST HYMAN AVENUE IMPROVEMP.NT SURVIi.Y to' 4. &001 A Â¢014*00 10" 11 â€¢/- ASPEN SURVEY ENGINEERS. INC. 80 10,1,0 VIAA STFUI A:70, COLoqUÂ» 81*11 h,0/0. Wo) 92$-%0 1," 270â€ž DAN 40 .... .... CCY ARCHITECTS EXISTING BUILDING ORIGINAL BRICK TO BE REÂ·ESTABLISHED. 3RD FLOOR ADDITION 2286'<fi-4/.int,e P:,1 09,ie â€¢>4529 8,'14 C.,0,2.3. 6162 1 Â· f..if*... 970-927-1925 h. 970-927Â·5578 re),8./20.)94 ./10 (Â©/ 514 E. Hyman 1, Ave ,STr-M 3 9 ... I -3/ '7 .6 1 - . 9. A - . - .A: M.: I k-/ 1 -- Â· ASPEN, CO 41:*F -r - ~~ DATEÂ· ifl 02.19.13 , . DRAWN BY. AK 00% Â£ CHECKED BY: PROJECT NUMBER 11129 ISSUE: 2 h HPC Final Sul,nission REVISIONS f . 0 . f . 1 1 Y 4. 1 '1 1 , 1 2 1,-L . -,4 , i.. ' , AA,Â«> 4.26~..t'.1 t 1.- C - 4 PROPOSED VIEW FROM SOUTHEAST Proposed 3D View SCA:E Al.2.1 CCY ARCHITECTS Pos, 01 c /Â· 529 2284' di-â€¢1 A'.in., 8/5.. Cc,-ibil 8162/ . 970~â€¢ZF-19,25 f i. 970-.927+V578 â‚¬/,21(â‚¬ te,mh â€¢f Â·:Â¢$ Â«.71 M"'WA"'Di ,% rAINTE D 1.'E lAl FASC I 4 (TYPICAL) u i ill:,-$94-4-, 514 E. Hyman Ave ..... I.'Â·,4 2/0, i mi.W34\.3//Iii IIIIIIL.. .~111 ruu. , - Mit,; imill i mi.a?. 1 2 .4.,4 i:ii:*iinal?~ illlllliiiiiillllik~w id ilillllllllllllllilllllliilli Metal Siding Color Metal Siding Detail Siding Concept Siding Concept i Matte Zinc By Day By Night . -*~0~,%274~4.-0-ff> 1- ASPEN, CO .4 , - i ORIGINAL BRICK W 11 DATEÂ· TO BE REESTABLISHED . 1 PARAPET TO BE LOWERED ORIGINAL HEIGHT ~ ~ ~ 02.19.13 2Â·0' TO RESTORE ' t DRAWN BY: AK 1 - - . / / - CHECKED BY: ' JC PROJECT NUMBER: 1/129 - --3--, ISSUE: ORIGINAL MOLNY WINDOW DESIGN - HPC Final SubnEs/on & COLOR TO BE - - RE-ESTABLISHED .Window Color: Aluminum Storefront Painted Metal Handrail & REVISIONS: Kawneer, Dark Bronze Window System to match Seat Back to match Window Color Original Kawneer Specification . - -7- BUILDING SIGNAGE ' , 7.l - i 2 -I'll, i~ - . r. 1.- 1. N. .1 1 Â· 1.,tte'* 13 $ 3 . EXISTINC COLUMN 50 4 -- 1 ..1 , * = BY .p i . L 1 .... Er=' EM# TO BE REMOVED . 1 1 4 6...7.11/im El#*41 Enk, r UÂ¥192. ....A !. 1 ' . Â· 1 9 ia 1 ... /r77--71-11-71-1. i ~ | ~4~~ ~11, ~ r~~ ~2:.t ) '0 Proposed South Elevation Original Brick to be CMU Paint Color Stacked Sandstone Vaneer for Site Re-established to match Original Brick Walls, Planters, and Slabs 4- .../..... Ili4 J. ,.fS.~A,11Â·2,-'1 11 -g.01.28~~32', .1.~ ;R' A:Al I - 'lili - .. 1- 1 , Materials Palette - *. 1 - SCALE Brick Pavers to match Photos of Original Brick Saw Cut Concerete A1 -3 Elk's Building Plaza (Behind existing sandstone) Davis Color: Adobe To Be Restored INSTRUCTION CK â€¢/- 15' - 0- ,Irtr~Illilill lili !Illll1llllllll Illlllllllllll CCY ARCHITECTS 228 r ./.A...J. Poit 0Â¥ 1 80. 5,29 Di~r. Ce'*I 81621 970-927-INS 1 - 970.9 2,-5576 0 Â® 0 Â® 8.1) Â® 514 E. Hyman Ave ASPEN, CO DATE: 0 02.19.13 DRAWN BY: AK 0 11.'' 11**, .1 11 . 1 p 11 1\J .1.1,1 JC '1 I CHECKED BY: ,,,1, Â· PROJECT NUMBER ~7) *-# i Â£ f I i E '_f F E ~~E~4JX , 1 U ..5.---1 -1-t--"--1-7 r./.H A'.CAL, 111Â£4*.'A'll 11129 IHEATf.'Em 1 UP . ' Â·i Â· ISSUE: r. HPC Final Subm ss'on 37 ~ ~ REVISIONS. OFfiCE SPACE 0 F rEl . - 91 - 0 2364$/ W.FOR - VO O' C It~Vâ€¢ L ' SPACE 1â€¢XMAN:Â·:Al, C""SPACE .. I. ./- (22, /1 ) LOWER LEVEL PLAN ~ NORTH Lower Level Plan SCALE CCY ARCHITECTS 2281.'di-â€¢*A.râ€¢,0 Poil Off:e 0.â€¢ 629 8.4 Ch.$1 01~21 97~927.1925 1,4 970-921+578 Â¢gor<â€¢2Â¢<,-4,00* com [72] E-3 514 E. Hyman Ave ELKS 8110,93 0 00Â® 0 ASPEN, CO E>,SIria ElkSP,A,ilE;1 DATE: 011.1, DRAVJN BY: CHECKED BY: 2 Â£ PROJECT NUMBERÂ· EAIST'Â·4G SE'/Zil 1/129 ISSUE: 0 1 -SlroPLANTE. Â® HPC F,nal Submls,~n ' REVISIONS: 1 4 %21 /1 UP Del el REOUAT09 Aâ€¢ED GAS SERv Kâ‚¬ 1\ 1 *OLLAHOS /O Â£ ELEÂ¥ .-1 I RE'.'Alâ€¢11â€¢,Cut/&41 r-1~ / li~-A -41 Â· ' . 10 I nall'KE OF AttEY 13 - ENCROACIP.â€¢211 10 BE HE'.9~'ED 4- 1 , 1 _f ~ 1-\ 11"99 r 1,01 / LANDN,G ADA HA'.â€¢2 / ONIG,â€¢441 4Â·XNE OFFICE SPACE tâ€¢fIR/.ALE TO 1.74*SF RE'Â·9 . FFEL 10-0' * 64 5.7 8 1- LÂ· I u.r . P I GM Â¥.1'12uu --- - Ub.,rf. TRAS, RECIÂ©LE $*RVICE i ANU 215SF PLANTE,1 - I.'Z.tl ' 64'/1 -- - 9-4 - - 1'.- 3Ln--1 0 0 00Â® 0 111*1.4â‚¬E:11Â£1â‚¬ Bur.Â©rÂ·.3 Main Level Plan SCAil (-13 MAIN LEVEL PLAN ~~ _/ 1/4= 1'-0' NORTH CCY ARCHITECTS 228"41-AAÂ·.01.9 r.Â·â€¢ Off:. e.â€¢529 ....1. CO'Â·:,Db 81621 070-927-492% 17970-927Â·8578 /84 <edâ€¢x,airh ted. c,yn 514 E. Hyman Ave ASPEN, CO ht:./.,Â·00â€žS 02 19.13 DATEÂ· oRACYN ar. AK 1 E--1 r--7 - ___ri--1 0 CHECKED BY JC 1 - - PROJECT NUMBER ELEV 3 11129 -1. -- V.-- OPEr, up ,----I- - .-IÂ· ~-' 4 -- . - --- HPCFinal Subm'ssâ€¢on ISSUE: r , REVISIONS: E> 'SnÂ·6 DECK TO RE'.â€¢Atâ€¢, = 56Â·Sr SLIONG 00OR . WFLE SPACE - 1,Ew VilÂ·,LO.Â·iS 1.4 14SF D.â€¢2(4 $477 / I Second Level Plan SCALE ft-) Myzzp'INE LEVEL PLAN /1 NORTH A3.3 CCY ARCHITECTS 228'.0,1 7 -4 Ava ..9 Post Once 80â€¢ 529 83%34. COM-2 81621 D70-9274925 bâ€¢ 970Â·927-6 578 adfuqfc)/ch !Â«16 .o?n 514 E. Hyman Â®8.1) Â® Ave ASPEN. CO DATE: 02.IS.13 DRAWN BY: AK PROPERY UNE 0 CHECKED BY: < (aÂ·,4 Â·{b <oy>Â§ 7, 44.' 42*6*Â¥fâ‚¬ rg y*4< 2 r. I . C > ....> JC PROJECT NUMBER: Di 11129 GLASSROW ELE % i 1 1(0 SF . 1 1/l 0 - aL-1---111 1 1 6. - - ---- - REVISIONS: ISSUE: HPC Final Subm 53'on 2|t.El 1 . OUIDOOR DECK Â· . - i 1 MOSF OFFICE SPACE 1 ./. S f 1- , J, / - Lâ€¢501 Sâ€¢*AFT \ W - TE 1 PROPERN. Â® Â© 8.1) Third Floor Plan SCALE ~11 UPPER LEVEL PLAN ~ / 1/4 â€¢ 1'-0- NORTH A3,4 CCY ARCHITECTS Pal 0(fle eli 529 M/. Can*) 81621 970Â·927Â·4925 4 970Â·927-6,78 00.Â¢ 5,4-h'ect; co. 514 E. Hyman Ave (G.11 ELâ€¢.S EL'LO.Â·43 ASPEN, CO ..10. DATEÂ· 02.;9.13 DFUW/N BY: AK CHECKED BY: JC PROJECT NUMBER: 11129 CD G HPC Final Subm'isron OPEN TO HO'DÂ¥ REVISIONS 6!10- ELEVATOM Er.Â·El HUN 1 186 1 O GUORORÂ« AS / H.10" \ 0 HO CUR* RO REOLGED BY CODE / 0 RD 1 F.:i.13/1 7. .21 Soll,G#T ACU:A i 11 & ... W, ~AW ROOFT~ . 1 rEC'(14.CAL + - 5 0 0 SPEC'IC EQUeÂ·'ENI & LOCI,IONS O RO RO ./ I~BE BEN,4101&34Â¢tl .ittÂ»i -- -- 0 tolÂ·CENT RO)' SELO.'. Roof Plan SCAâ€¢.E vr ' 1'Â·0' PVCPERTY LINE CCY ARCHITECTS 222?.'Â·Si--lA.eti FOR ON Â·0 6.4 629 b.1.0.ki,ji 81621 570-9/7441% 13* 970Â·927-6578 câ‚¬)*:4â‚¬c,a'châ€¢*as Â«â€¢ n 514 E. Hyman 7 7 Ave 0 4 . / ~7 - I r. ce N IAeONAY I '' 1 EL. 150'-ar- : . 0 1 -- 4 7 42 JO.Â«r 4 et- 190'- Ih' 41 ASPEN, CO 12 _ UN = ~ DATE: = 2 151.4, - I. 02.19.13 - t 7 DRAWN BY: AK . // F.*1-15.r cv 1 664.T.Â·1'CTioN 19 1=144â‚¬a II CHECKED BY: - 4 PROJECT NUMBER: = 4 - / DX#Â¥5.-41 4Rd. 1 ---- ~ Â· 70Â· MEEZZANJI}de,6 11129 * eL. 113'Â·Otte V ISSUE: 3 .-ta=O .- - , ek:Ii K. '06461,48,6 HPC F,nal Subm,Won 2 \RAs,10.4 ht. 40â€¢- 6. â‚¬ Wei, SK"I- REVISIONSÂ· f .437 ' -2 *00%923 _ ~ rf<ICK t--.IWi A. 1 1 N-1- - 1 1&14-1-lfiv,Al,0 EI -~Iâ€¢174â€¢ Ir 1 IE* 11. Ic.Â·26'Â·01â€¢ v 3 &/ E 9 = -- ' Â· I = b b 0 + p,1-1,1.1 61: â€ž 4 --- 1 12 ' TJABFk:Wr ..ILL. i. IE cul , - 1 lit m , 7 0 MAN FLCU< A ,19 - / 1 - MU. 100'- 0' 9 * CAN C.Ur -. 15*f t,pu/-5 | h Â· 1- k 16 : C. 4 Â·eÂ¢ 11 45*â€¢ . I 1. C -' ~ 11â€¢4 - .5>41: \ KE.rÂ«,41 Maao>~er I. \ .. '44.-,06)Cric- 1 J FOUN[Â»TION WN-L 4/2 CUTAILO IN F 11Â·48 JI ,4 - te) mje,r A, P. 7 0. eAÂ·DEMENT Q EL 901-0760 V SOUTH 1/4-â€¢ 1 -O- PHOTO OF ORIGINAL MOLNY DESIGN ORIGINAL MOLNY DESIGN - SOUTH ELEVATION PERMIT SUBMITTAL 1980 Molny Design srut< A4.1.1 CCY ARCHITECTS 22*K'di-4 A.erm Pol Off, 80. 529 8/5/. C.4'Qi' 81621 970-927-19â€¢25 11 970.9274578 (C,C'(liIâ‚¬cvve'b Â·â‚¬ 9, coÂ·n 514 E. Hyman Ave PAINIEDMLIAL FASCIA (TYPICAI) 1 MITAI <dIARDRAN PAINIEDI)ARK 1511()Ntt TOMATCHV/IN{X)WS 5 1.4:CHANICAL / ASPEN, CO FI EVATOR OVERRUN Al,0,VANCE ~ L ELEVATOR OVERRUN 1.f~-i-I51 f ~r==929.7 f i 7 * AS RLOD (WAX 6 I DATEÂ· 02 19 13 1 Â· -0 O. DRAWN BY. I. -1 - - : 1 h..1 4:1 - --- 3e /4 4** 1 P CHECKED BY: ,=40.- . fwi IC 1 1 , 1 -~ LUZ 2.-222 ' -~ ~ ~ , / 1- 1 PROJECT NUMBERÂ· 1 S. AL--=1 Â·zi.inzE-z, . a WN - 4 *-- I .- :Â« I~ 'Â·blne 0.-Â»I~Â»lk--Il,-Â»~k-~Qk e .. f 11129 ISSUEÂ· HPC Final Subniss on ORIGINAL BRICK Y-â€¢ 1 -7- "~-1 r~71 10 DIR[-[STABLISHED . .. PARAPEl 10 BE LOWERED 1 REVISIONS: 2 1 1 1,-U !110 =2'tr - . 1 1 11 2-0-1O RESIORt ORIGINAL HEIGH 1 ... 1-7. r. i, W ; - a'*:4 ~4* 4~,b % - -f Â»t fi 11 - 11 - 44%4 - 1 : 1 3.L 91 20 T i ' . f - ; r -- ORIGINAL MOLNY - =23 7 1 '- 1 42 1 42 24 VAILDOW DESIGN El - *COLOR 1OBE _ -- - -. _- REÂ·ESTABLISHED =4 27 . 0 11. .,-'UZZZ~ -'2.777Â«h~Â«32 Y , HUH DING SIGNAGE - - i= . -/I'/5/+1-941- - = 11= 1 - = ti = : ' 1 ~ I RECONFIGURED SANISION[ I'l WTER 71 E - i - iPAINTEDOET~SEAT'ACK 1 , r Als line- COLUMN - 54 MUL,111 lut'.9/,IWILAâ€¢bl INO 10 BE m UOVED 1 RE PLAZAF>LAN - -- r.-- 1 ./ i li - 1 ----- 1 L =Il L 1- 1- . 1, - LKS PLAZA | RECONFIGURED PLAZA I RE PLAZA PLAN IRE PLAZAPLAN Proposed South Elevation NOTE DE TAILS REFERENCED ON *4 1 1 TO BE RE-ESTABLISHED TO THE GREATEST E XTENT POSSIBLE SCALE PROPOSED SOUTH ELEVATION @ 1/4" A4.2.1 _28!NTED.MEIALG!ARBAL______._ ELEVATOR OVERRUN ~ AS REQUIRED BY CODE RE ROOF PLAN FOR SETBACKS FROM ROOF EDGE VE RTICAL SIDING ON EXISI ING L I,ZE.OF NEWCONSTRUCIION 1*HtCK /CMU TRANSITION r,it of, ..,30.529 228 P.' Â·* 4--1 A.eg,r KAWNEER WINDOW 97092 7-4925 8,59' CoN.a, 81021 SYSTEU 11* 970-921-6.578 11 ce,O'kegeâ‚¬-,A,chle:I,coâ€¢â€¢ 514 E. Hyman Ave -11.- THIRD 1 - - i-----,- -- FLOOR 9106110.L 47 , --- BRICK Itli . 1 111 ClÂ» 4 / 2.%-7. p -- ..<co->r--A ASPEN. CO ------~ afl 10 DATEÂ· FIRST 1 1 1 02.19 13 - -- - DRAWN BY: FlOOR 1 AK CHECKED BY: 1 1 JC XISIING CM Ce F .V , PROJECT NUMBER. TOBE PAINTED 10 SET BEHIND PERFORATED I 11/29 MATCH ORIGINAL BRICK SID.NG ; ISSUEÂ· 4-- K.J, 641 514 E HYMANAVE En.Â·r: L EL ULÂ» 4 'reÂ·-PeÂ»007 L ts, p.:. HPC Final Subrn ss'ori 1 -tzÂ»,do T AS VIEWED FROG~TTE~~~~~~-----~--*2/A--=Â¥=A--LI7--T-===-T-AGE---7 ELK S BUILDING AI LEY REVISIONS: PROPOSED WEST ELEVATION @ 1/8" EL. 159'-81 -r '1 1 1 -r. o. aots: tff.. 6,-M. 12&'-1,11 #Il-----*-.*--..I---1--*I.-li--I-----I-Ii--~I--Ill.--..iui--Â·+7~-~3-8 1 4 *. 0.Â·Â»Al Â¥1 I I -2 =421 -- Egrew-r op 20*461â‚¬us.rt; 1 . r..24â€¢ &'I r'Kite I I O. MaZZANINEE 0 EL. 11 10'- OV; 7 .+ Bew 00 66~. BKCL< * --,-7E~~37-11 Ne,4 12.' e,Â£0, ---Ee>TING â€¢22' CouS el-OCK 7-0 IKEâ€¢/AÂ·Ad :..5.1.-Â·Â·Â·===~ .11 1,1 . .*:1 L._] t.___lie#&44 C 1 h-- 2132-r- - i 2-531-- _-1|1 t.'hnia .5<cul' -5,-Ortl NEW H cuocÂ·< iNTOÂ· Â·- 2. L eX,brnk; 121 eULCJ<.. ~82--uÂ·s &=miE-2 -*- Â·---- - -2- -~ PE./ 1,4,9<8â€¢~LI T.0 h/AN Ftâ‚¬25- -*- 1 4 ----- .-- EL.404'- D' 7 f . 1 41 4/, i --Da-,a- aw--4- 00 -:r-. + -r O LASâ‚¬Â·/42/T P.. 5 . .. 4/ 1%4 '**2 4.- Â»0* p . WEST - 01& *21 1/8â€¢1--0 CURRENT VIEW FROM ALLEY ORIGINAL, WEST MOLNY ELEVATION @ 1/8" West Elevation NORTH AND WEST ELEVATIONS SC ALE ~ A4.3 .... CCY ARCHITECTS PAINTED ME TAI GUARDRAIL 228 r.' *I-.1 AÂ·. inul AS REQUIRED HY CODE POSIOMC. 86' 529 RE ROOf- Pl AN FOR SE BACKS FROM ROOF IDGE 83-30 ON,ah 81621 970"927-1925 ELEVATOR OVER RUN b. 970-927-6578 GRAY IONE INDICAU S 90 /*ciaâ€¢:hâ‚¬:4 Â«1-n J;'f'DQY(S sET BEHIND VER IICAL SID:NG PERFORATE{) SIDING 514 E. Hyman - i i 1 WHII t â‚¬=D Â» Ave r- - - ..I- 22 --/ 1% -. . I. iii i EXISTI 'G . ll; - 11 'Â·---~ IMI 1 -- f lit El ~ 111 - T rTT ----- 0 110 ~â€¢L 1~~Â·N~~~1 10 7~79- Efu IL]J Ofti hi; 1~I i' 1"~ - ------- - - ~-.i- i ~â€ž. 41-4.4.1 t.Iii - -: t.-4 I ...1, 7 6 NA-2,2.1.-'. 11111 ASPEN, CO 1 -~- Eli * -:' 4.- 1? 4 ......:..... - :1~1~~ 1{ZGH TRANSOM WINDOW Z I ---m= .. 1 1 -1 UN -- -i SET BEHIND PERFOR ED Z 1 - 02.19.13 E-13 -810'NO 2!ill : . 2 - Â· 41 DATE- 1 -a~ r"1Â· - *i DRAWN BY. 4==A- At< CHECKED BY: JC , 4 ' PROJECT NUMBERÂ· 11Â· 11129 ..1 1 ISSUE: HPC Final Submission . r = Pff REVISIONS: PROPOSED NORTH ELEVATION @ 1/8" 1 To. 6'A.9.4.-5â‚¬f â€¢k EL. III'-4' 9 EL *262-112 g 1 ~2+ j A. , 1. 4 11 6%&07 T.0 MEZZA~ ea * 12. 115' -0('.Â· 1,6,1 60Â£46. NE 1 er To Ke,MA.Il /1/i i.ty...Zly:ir, c==S SLOO,1 -/-112E-11 7 0. 6441 a.Cl-4< ~ 1 ILL.. '02'-01 #10â€¢DE ALLEY 9 EL. 97'-44 69 1 . Dk 7- o. M.oe.,te#Â·r . . 1 ML. 90'-Ok, NORTH / #6.0. 4 44 ~118â€¢1'-O- .. t* ffi ~ #. 1 1 ~ . p=*:~ 4 s. A. Â«, L North Elevation ORIGINAL MOLNY NORTH ELEVATION @ 1/8"- SCALE CURRENT VIEW OF ALLEY FROM EAST- A4.4 CCY ARCHITECTS 220 t.'41-â€¢9 A.em Post Offte 804 529 Binâ€¢ CV/di 8162' 974927-4925 1 1 970-92;-6578 Cepff,Â·2 9â‚¬cha,ch'+1$ ..7, 514 E. Hyman Ave Ele.Â·ato, O.Â·ci Run (Be)'old) 1 Â· 1, 1 GuaÂ·dial Pant/rl 1.~/tAI Re Roof Plan ASPEN. CO ,-11 -11_1 1 1 rir , I Fl I 11 Witâ€¢.#s>in, DATE: 1 02.19.13 Da,hed line 'Wa,es Pic,0,0 01 ~ -'-- - DRAWN BY: NeÂ·rtÂ»Â·.,Bu'dr,101+413,1 1 .11,Â·41,2. AK hÂ·.luâ€¢e F.,I R,!03 -- - CHECKED BY: /2- % WA,ON , -- bit,3 CUU 10 Ren./. 2Â» i PROJECT NUMBER: 11129 Fi -% V.** 1 -_._ __ I - bROÂ«d Jet____ ISSUE: 617 1 HPC Final Subm'Won 214 1 1 !=2,2=22= REVISIONS: CO>-2~- ...3 f #4.--k Ii,/U,A,7 ~ S,jeln p.ri~ ADA Pili'el tarr, *1 14 1.Â·.1,/4 EAST ELEVATION @ 1/8" East Elevation SCAt E A4.5 .... CCY ARCHITECTS ~ 22/1.â€¢an, A.en,e PvÂ·,1 0"<e /.â€¢ 52-9 , s Ve*214>2$ ; 11'we,2.-6$78 11'llâ€ž%414/r.Â«1 11&-. -, 1 1 .. ,1 .i. 4 1,1 .1'.2.'maÂ«)MEMO<h â‚¬*m - , r.,Â¥71-1 1 1 514 E, Hyman 4 -(te - Ave 4 1 ..Ti **I-'-ik 1 4. I , ./1 - lm '40/1/Il:VIA,ill/15, . S N , f 0 :M 1 -An / - S f -ry k ....1 , i.y 1 tr-- :,5/,1.. b...l .1 1 2 it 4. 1 , 10. . ASPEN. CO - DATE 11 22 / / . 0 * DI~WN BY A,inor o CHECKED BY: Check el PROJECT NUMBER ,â€ž4 11129 ISSUE Hi)C Conceptual Subm,;sion / Schematâ€¢c Design REVISIONS HPC Final Subm s s <)0 12 15.12 VIEW FROM SOUTH EAST â€¢44. K. I. .1 FU,/~4;0. Â· 045 h L A 'ft / 0 7 e . m *:a : Â·;'-Att Â· . 0 1 4 I.:/ 4+' I. 4.*' 4 k 7 / f I. f . 1, R. 6 4 < 4i' 4. i , 1 ./ . ' . b~41: 1 1 1 #f il - Â· ~ b * N '1 EL *1% d f r' - , Perspective Views of Proposed .. . .1- 2Â£,1/ - VIEW FROM CORNER OF VIEW FROM SOUTH - HYMAN AVE. & GALENA ST. ACCROSS HYMAN AVE. CCY ARCHITECTS 228 u ja-JA' 9.Il F.10'ce 80.523 8.4':. CO'Â·yi -b 81491 970-927-492$ h. 910-9/7-8571~ /<i/'/4 2Â«12â€¢/4 495 â‚¬0-n 514 E. Hyman Ave . ASPEN. CO DATE: 11.22.11 j Autho, DRAWN BY: /7 Â£ .U 0 0 ?4 3. ''t/' CHECKED BY: / 4 : 4 Check,e, :r I ' I . PROJECT NUMBER 11/29 1/ ... i ISSUE: .Â·aff HPC Conceptual Submis$!on / Schematic - . De.~gn REVISIONS: HPC Final Submiss'on 4 $ 12.15.12 - 0 1 . -& -Il I * .$--*.-~ Â¢.* *KÂ·r . ,/ , - r - r -. 1 .-7 .*Re... 14 - 4. E. . I. , 4 79 , fe.1 .. . ./ CURRENT VIEW FROM SOUTH EAST PROPOSED VIEW FROM SOUTH EAST MASSING SIMULATION SCALE . 0 0 . rl) r I AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 51(4 6 \01-,Arnan A\*nipe_. , Aspen, CO SCHEDULED PUBLIC HEARING DATE: 10â‚¬-sc iax.~ rn a.4 615$ ,20/3 STATE OF COLORADO ) ) SS. County of Pitkin ) I, 406 Jacobgryl fr,kn -1-lant ( nnd Â¥(4.no/>or (name, please print) being or representing an Applicant to the City of Aspen, Gdiorado, 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. v~ Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the 1*Aday of f#a 4 , 20 /3 , to and including the date and time of the public hearing. A phdtograph 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) . 1 Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. ~foot lic 2- (*aturl / The foregoing "Affidavit of Notice" was acknowledged before me this Â¤2~- day of Ma.Aj , 20_13., by Jilll TJA (blesrÂ» CAITLIN STROTHER DOYLE WITNESS MY HAND AND OFFICIAL SEAL NOTARY PUBLIC STATE OF COLORADO MR commission_expires: jept. 4 ) aol {p NOTARY ID 20124057288 MY COMMISSION EXPIRES SEPT. 4, 2016 C UL-4Uu/Â»f- Notary Public ATTACHMENTS AS APPLICABLE: â€¢ COPY OF THE PUBLICATION â€¢ PHOTOGRAPH OF THE POSTED NOTICE (SIGN) â€¢ LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL â€¢ APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. Â§24-65.5-103.3 'f 0 PUBLIC NOTICE RE: 514 E. HYMAN AVENUE, AMENDMENT TO ASPENMODERN VOLUNTARY LANDMARK DESIGNATION NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, May 28,2013, at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by 514 AH LLC, affecting the property located at 514 E. Hyman Avenue, Lot N, Block 94, City and Townsite of Aspen, PID#2737-182- 13-002. The applicant, who's mailing address is P.O. Box 4068, Aspen, CO, 81612, requests an amendment to City Council Ordinance #6, Series of 2012, which was an approval of voluntary landmark designation and negotiated incentives for this property through the AspenModern program. The applicant proposes to change the use of the approved third floor addition to the building from residential to commercial use. For further information, contact Amy Guthrie at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429- 2758, amy.guthrie@cityofaspen.com. s/ Michael Ireland, Mavor Aspen City Council Published in the Aspen Times on May 9,2013 City of Aspen Account , Easy PeelÂ® Labels i A I Bend along line to I ~ AVERYÂ® 5160Â® I Use AveryÂ® ~mplate 5160Â® ' Feed Paper expose Pop-up Edgeâ„¢ ' 204 SOUTH GALENA STREET LLC 308 HUNTER LLC 4 SKIERS LP SHERMAN & HOWARD LLC 490 WILLIAMS ST 1108 NORFLEET DR 201 N MILL ST #201 DENVER, CO 80218 NASHVILLE, TN 372201412 ASPEN, CO 81611 434 EAST COOPER AVENUE LLC 517 EAST HOPKINS AVENUE LLC 520 EAST COOPER PTNRS LLC CURTIS B SANDERS ESQ 517 E HOPKINS AVE 402 MIDLAND PARK 201 N MILL ST #201 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 610 EAST HYMAN LLC ALPINE BANK ASPEN 530 HOPKINS LLC C/O CHARLES CUNNIFFE ATTN ERIN WIENCEK 5301/2 E HOPKINS 610 E HYMAN AVE PO BOX 10000 ASPEN, CO 81611 ASPEN, CO 81611 GLENWOOD SPRINGS, CO 81602 COX JAMES E LIVING TRUST ASPEN CORE VENTURES LLC ASPEN FIRE PROTECTION DISTRICT 3284 SURMONT DR 418 E COOPER AVE #207 420 E HOPKINS AVE LAFAYETTE, CA 94549 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN PLAZA LLC AUSTIN LAWRENCE CONNER LLC BASS CAHN 601 LLC PO BOX 1709 532 E HOPKINS AVE PO BOX 4060 C/O STEVE MARCUS ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81612 BLAU JEFF T BOOGIES BUILDING OF ASPEN LLC BIG HOPKINS LLC C/O RELATED COMPAINES C/O LEONARD WEINGLASS 421 N BEVERLY DR #300 60 COLUMBUS CIRCLE FL 19 534 E COOPER AVE BEVERLY HILLS, CA 90210 NEW YORK, NY 10023 ASPEN, CO 81611 BPOE ASPEN LODGE #224 BRAND BUILDING LLC CARLSON BRUCE E TRUST 210 S GALENA ST #21 ' 205 S GALENA ST PO BOX 3587 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 CITY OF ASPEN CICUREL CARY COLLINS BLOCK LLC ATTN FINANCE DEPT 2615 N LAKEWOOD 205 S GALENA ST 130 S GALENA ST CHICAGO, IL 60614 ASPEN, CO 81611 ASPEN, CO 81611 COOPER STREET DEVELOPMENT LLC COTTONWOOD VENTURES 11 LLC COTTONWOOD VENTURES I LLC C/O PYRAMID PROPERTY ADVISORS ATTN JANA FREDERICK 419 E HYMAN AVE 418 E COOPER AVE #207 300 CRESCENT CT #1000 ASPEN, CO 81611 ASPEN, CO 81611 DALLAS, TX 75201 COOPER STREET COMPANY DCGB LLC DUVIKE INC 601 E HYMAN AVE ATT GIORGIO RIGHETTI CFO C/O AERSCAPE LTD 610 WEST 52 ST 230 S MILL ST ASPEN, CO 81611 NEW YORK, NY 10019 ASPEN, CO 81611 1. 1 1 Etiquettes faciles & peter Sens de Repliez & la hachure afin de 1 www.avery.corn Utilisez le aabarit AVERYÂ® 5160Â® , rhArripment rdv6ler le rebord Pop-UpTM ~ 1-800-GO-AVERY A 1 1 1 Easy PeelÂ® Labels i A I Bend along line to ~ Use Awery@'Tmmplate 5160Â® ' Feed Paper expose Pop-up Edgeâ„¢ 1 * AVERYÂ® 5160Â® ~ A F & M VENTURES LLC EB BUILDING ASPEN LLC EXELCEDAR INC 20% C/O MORRIS & FYRWALD RE 1601 ELM ST #4000 534 E HYMAN AVE 415 E HYMAN AVE DALLAS, TX 75201 ASPEN, CO 81611 ASPEN, CO 81611 FITZGERALD FAMILY PARTNERSHIP LTD GELD LLC GALENA COOPER LLC C/O PITKIN COUNTY DRY GOODS LLC C/O LOWELL MEYER 601 E HYMAN 520 E COOPER PO BOX 1247 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612-1247 GODIVA HOLDINGS LLC GONE WEST LLC GREENWAY COMPANY INC 435 E MAIN ST 401 W CENTER 666 TRAVIS ST #100 ASPEN, CO 81611 SEARCY, AR 721451406 SHREVEPORT, LA 71101 HORSE ISLAND LLC HINDERSTEIN FAM REV TRUST HORSEFINS LLC 300 CRESCENT CT STE #850 4415 HONEYMOON BAY RD 601 E HOPKINS AVE DALLAS, TX 75201 ASPEN, CO 81611 , GREENBANK, WA 98253 JARDEN CORPORATION JENNE LLP KANDYCOMINC 2381 EXECUTIVE CENTER DR 1510 WINDSOR RD 766 SINGING WOOD DR BOCA RATON, FL 33431 AUSTIN, TX 77402 ARCADIA, CA 91006 LCT LP LEVY LAWRENCE F & CAROL LOMA ALTA CORPORATION TENNESSEE LIMITED PARTNERSHIP 980 N MICHIGAN AVE #400 PO BOX 886 PO BOX 101444 CHICAGO, IL 60611 LANCASTER, TX 75146-0886 NASHVILLE, TN 37224-1444 LUCKYSTAR LLC MORRIS ROBERT P MYSKO BOHDAN.D PO BOX 7755 600 E HOPKINS AVE STE 304 615 E HOPKINS ' Â·Â· A . 1 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 PITKIN CENTER CONDO OWNERS P & L PROPERTIES LLC PARAGON PENTHOUSE LLC ASSOC 101 S 3RD ST #360 9950 SANTA MONICA BLVD 517 W NORTH ST ~ GRAND JUNCTION, CO 81501 BEVERLY HILLS, CA 90212 ASPEN, CO 81611 PITKIN COUNTY BANK 80% REVOLUTION PARTNERS LLC RUTLEDGE REYNIE 534 E HYMAN AVE PO BOX 1247 51 COUNTRY CLUB CIR ASPEN, CO 81611 ASPEN, CO 81612 SEARCY, AR 72143 SILVER SLAM COMMERCIAL LLC GECMC 2007 Cl SJA ASSOCIATES LLC C/O RELATED COMPANIES/ JEFF BLAU 418 E COOPER AVE #207 PARAGON BUILDING LLC 60 COLUMBUS CIR 230 PARK AVE 12TH FL ASPEN, CO 81611 NEW YORK, NY 10023 NEW YORK, NY 10169 A 1 1 Etiquettes faciles A peter Repliez & la hachure afin de 1 www.avery.com 1 Sens de Utilisez le gabarit AVERYÂ® 5160Â® , charaement rdv@ler le rebord Pop-UPTM 1 1-800-GO-AVERY 1 1 1 Easy PeelÂ® Labels i A I Bend along line to ~ I Feed Paper expose Pop-up Edgeâ„¢ J Use AveryÂ®'TQmplate 5160Â® ~ AVERYÂ® 5160Â® ~ TENNESSEE THREE RENTALS TENNESSEE THREE TOMKINS FAMILY TRUST C/O J H COBLE PO BOX 101444 520 E COOPER AVE #209 5033 OLD HICKORY BLVD NASHVILLE, TN 37224-1444 ASPEN, CO 81611 NASHVILLE, TN 37218-4020 VICTORIAN SQUARE LLC WALL JANET REV TRUST WAVO PROPERTIES LP 418 E COOPER AVE #207 9762 BURNLEY PL 512 1/2 E GRAND AVE #200 ASPEN, CO 81611 BEVERLY HILLS, CA 90210 DES MOINES, IA 50309-1942 WHEELER BLOCK BUILDING LLC WF SWEARINGEN LLC WOLF LAWRENCE G TRUSTEE TKG MANAGEMENT INC C/O 380 FOREST HILL RD 22750 WOODWARD AVE #204 211 N STADIUM BLVD STE 201 MACON, GA 31210 FERNDALE, MI 48220 COLUMBIA, MO 65203 WOODS FAMILY LP WRIGHT CHRISTOPHER N PO BOX 11468 13 BRAMLEY RD ASPEN, CO 81612 LONDON W10 6SP UK, 1. 1 1 Etiquettes faciles & peler 1 Repliez & la hachure afin de 1 www.avery.com i Sens de Utilisez le gabarit AVERYÂ® 5160Â® ; chargement ravaler le rebord Pop-U~TM ; 1-800-GO-AVERY 1 %\ ? 9--1-I.*-I-I~-I~-- [ Â¥f, 1Lt. L % - .:. n CAtâ€¢ . ... % 01 t# - 1 , ~?Â». 1- ;El:i . r.4 #Â·16. Â· Illk 424<4 3462/Li- . Ze) AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 614- 6.1-\C.\ rn- #ja , Aspen, CO C-J SCHEDULED PUBLIC HEARING DATE: ---GUO~(10) i Mfli~'~4< 42 5 00 0 , n , 20\3 i STATE OF COLORADO ) ) SS. County of Pitkin ) L .4%vio,-â‚¬f Â£21 '6 96(kyâ‚¬/L/1 (name, please print) being or representlng an Applicant to the City Â·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 o f 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 0-wners 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 a:nd 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 Ablic hearing on such amendments. -54- A.7-4_ Ecu Signature The foregoing "Affidavit of Notice" was acknowledged before me this 1 day of FloLA/1 , 2011 by .,4-Â·~r~~ Sc- 3 9 WITNESS MY HAND AND OFFICIAL SEAL , My commission expires: 1-Â·79Â·-20,4 5*/ ~ L l < i LINDA M. i ~1 M ~val ~ \L*,li 0 j : MANNING i # 04. :8,3 9otary Public My Commission Expires 03/29/2014 ATTACHMENTS AS APPLICABLE: * COPY OF THE PUBLICATION * PHOTOGRAPH OF THE POSTED NOTICE (SIGN) * LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTED BY MAIL * APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. Â§24-65.5-103.3 PUBLIC NOTICE RE: 514 E. HYMAN AVENUE, AMENDMENT TO ASPENMODERN VOLUNTARY LANDMARK DESIGNA~,ON ' NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, May 28, 2013, at a meet- ing to begin at 5:00 p.m. before the Aspen City Y Council Council Chambers, City Hall, 130 S. Gale- na St., Aspen, to consider an application submitted by 514 AH LLC, affecting the property located at 514 E. Hyman Avenue, Lot N, Block 94, City and Townsite of Aspen, PID#2737-182-13-002. The applicant, who's mailing address is P.O. Box 4068, Aspen, CO, 81612, requests an amendment to City Council Ordinance #6, Series of 2012, which was an approval of voluntary landmark designation and , , negotiated incentives for this property through the AspenModern program. The applicant proposes to change the use of the approved third floor addition 1 to the building from residential to commercial use. For funher information, contact Amy Guthrie at the City of Aspen Community Development Depart- ment, 130 S. Galena St., Aspen, CO, (970) 429-2758, amv Guthrie@citvofaspen.com. M 9/ Michael Ireland, Mayor Aspen City Council ~ 1 Published in the Aspen Times on May 9,2013. [9163270] MEMORANDUM TO: Mayor and Aspen City Council FROM: Amy Guthrie, Historic Preservation Officer THRU: Chris Bendon, Community Development Director RE: 514 East Hyman Avenue, Amendment to AspenModern Voluntary Landmark Designation and Negotiation First Reading of Ordinance #_, Series of 2013 DATE: May 13, 2013 SUMMARY: 514 E. Hyman Avenue was landmark designated in March 2012 through the Aspen-Modern process. To facilitate a proposed restoration of the , 1 1 40 . original faGade (seen at right) and a third floor addition ! 4.. I. for a residential unit, Council awarded the following , 1 ~ 1 incentives: . . + 6 ..1.1~ , #.i , I â€¢ Removal and rendering null and void a 1980 Basement Restriction Agreement with the City in Ill---~ ~ favor of underlying zoning compliance. â€¢ Growth Management exemption to create a free ,-=-- L #.40..111 : YEr market residential unit and an 1,140 square foot residential floor area increase. â€¢ Five years of vested property rights. ~-- .... ---- r.......... -- ./ 4%:fEES'/1. . I ..1. .1 4 1 In January 2013, the property was sold. The new owner approached HPC for Final review with a design ---1--- that was in keeping with the original proposal, except for a change in program. Instead of the existing two stories of commercial space (plus a basement) with a third floor addition for residential use, the owner proposes that the entire development be commercial only. HPC accepted the design, but the applicant must amend their AspenModern negotiation since the necessary incentives have changed. The project no longer requires a free-market residential growth management exemption or floor area bonus, but now seeks: â€¢ Growth Management exemption for the affordable housing mitigation generated by the new net leasable space. â€¢ A waiver of the cash-in-lieu fee for the parking requirement generated by the new net leasable space. The value ofthe waiver is $41,100. 514 East Hyman Avenue AspenModern Negotiation -First Reading of Ordinance #_, Series of 2013 If the project were not an Aspen_Modern negotiation, the affordable housing exemption would be approved by the Community Development Director, because administrative Growth Management exemption is allowed for all historic landmarks where new net leasable space generates no more than 4 employees. Regarding the parking, HPC is typically the final review authority on waiver of cash-in-lieu fees for landmarks. However, for the property owner to proceed to building permit, Council must amend the ordinance that established the designation by removing the unnecessary incentives and accepting revised incentives as deemed appropriate. The landmark status of the building is not being reconsidered. If Council chooses not to amend the previous ordinance, it still remains in effect and vested. APPLICANT: 514 AH, LLC, represented by Haas Land Planning. PARCEL ID: 2737-182-13-002. ADDRESS: 514 E. Hyman Avenue, Lot N, Block 94, City and Townsite of Aspen. ZONING: CC, Commercial Core. Historic Landmark. Historic District Overlay. ASPENMODERN NEGOTIATION Â§26.415.025.C.1.c. The Community Development Director shall confer with the City Council regarding the proposed land use application or building permit, the nature of the property, and the staff and Historic Preservation Commission's assessment of its historic significance and the effects of the application or building permit. The property owner shall be provided notice of this meeting. The City Council may negotiate directly with the property owner or may choose to direct the Community Development Director, or other City staff as necessary, to negotiate with the property owner to reach a mutually acceptable agreement for the designation of the property. The City Council may choose to provide this direction in Executive Session, pursuant to State Statute. As part of the mutually acceptable agreement, the City Council may, at its sole discretion, approve any land use entitlement or fee waiver permitted by the Municipal Code and may award any approval that is assigned to another Board or Commission, including variations. Council shall consider the appropriateness of benefits in light of whether the property is identified as a "good, better, or best" example of Aspen's 20th century history and shall also seek to be equitable in the benefits awarded through the negotiation process. The monetary value of benefits being requested shall be defined, to the extent possible. Council shall seek compatibility with the neighborhood surrounding the subject property. When benefits are awarded as part of the negotiation, Council shall require that the property be designated as a Historic Landmark, pursuant to the standards and limitations of Section 26.415.030, Designation of Historic Properties. As part of the mutually acceptable agreement, the City Council may choose to require the land use application or 514 East Hyman Avenue AspenModern Negotiation -First Reading of Ordinance #_, Series of 2013 building permit that initiated the negotiation to be withdrawn by the property owner if said application or permit would have negatively affected the historic significance of the property. Once a property identified on the AspenModern Map is designated to the Aspen Inventory of Historic Landmark Sites and Structures, additional negotiation under this section is not allowed. Staff Response: This application is not a new negotiation, but rather a request to amend an approval that has not been executed. Growth Management Instead of a Growth Management exemption to create a residential unit and an 1,140 square foot Free-Market Residential floor area increase, the applicant requests Growth Management exemption for the affordable housing mitigation generated by the new net leasable space. Staff supports the revision because the preservation benefits of the project remain the same. There will be a complete restoration of the original street-facing faga(le. HPC has found the design or the proposed third floor addition to be compatible and appropriate to this building, and the neighborhood. Removal of the residential unit also brings the building uses into conformance with changes to the Commercial Core Zone District that were adopted after this project received Council approval. New residential units are no longer permitted downtown. The land use code provides historic landmarks with a Growth Management exemption from affordable housing mitigation for one residential unit, like the one that was previously planned. If mitigation had been required, it would have been for 1.5 employees. The land use code also provides historic landmarks with a Growth Management exemption from affordable housing mitigation for a commercial expansion like the revised project. While the language states that the first four employees generated by a commercial expansion are exempt, only 60% of the 4 employees generated, or 2.4 employees, would be required of any development. The commercial use has a slightly higher employee mitigation requirement than the residential unit did, but is still within the type of development that is typically exempt from mitigation on landmark properties. (Please note that the amount of new net leasable space stated in the application, 1,367 square feet, actually generates 4.81 employees, which must be amended by second reading to meet the 4 employee limit encompassed in the Administrative exemption.) The applicant makes an argument that the project generates no employees because the addition was already approved and the amendment doesn't increase the size of the building. Staff rejects this idea. The project is not built yet. The development is not a change in use of existing space. 514 East Hyman Avenue Aspen.Modern Negotiation -First Reading of Ordinance #_, Series of 2013 Parking HPC approved a waiver of the parking cash-in-lieu fee as part of their Final Design review in February. However, the City Attorney' s o ffice has advised that all incentives must be accepted by Council in an AspenModern negotiation. HPC supported waiving the cash-in-lieu fee because the property is only 30' wide, and more than half of the alley fagade needs to be devoted to trash/utility/recycling area, with the remaining space needed for building egress. There is physically no space left to provide on-site parking. The fee waiver was seen as an incentive appropriate to the high quality of the project. The negotiated benefits are policy matters for Council to decide. The Land Use Code states that, as a further measure of the value of negotiation, Staff and HPC should evaluate whether the proposal meets the Purpose and Intent Statements of the Historic Preservation program, which are: Â§26.415.010. Purpose and intent. The purpose of this Chapter is to promote the public health, safety and welfare through the protection, enhancement and preservation of those properties, areas and sites, which represent the distinctive elements of Aspen's cultural, educational, social, economic, political and architectural history. Under the authority provided by the Home Rule Charter of the City and Section 29-20-104(c), C.R.S., to regulate land use and preserve areas of historical, architectural, archaeological, engineering and cultural importance, this Chapter sets forth the procedures to: A. Recognize, protect and promote the retention and continued utility of the historic buildings and districts in the City; B. Promote awareness and appreciation of Aspen's unique heritage; C. Ensure the preservation of Aspen's character as an historic mining town, early ski resort and cultural center; D. Retain the historic, architectural and cultural resource attractions that support tourism and the economic welfare of the community; and E. Encourage sustainable reuse of historic structures. F. Encourage voluntary efforts to increase public information, interaction or access to historic building interiors. The City does not intend by the historic preservation program to preserve every old building, but instead to draw a reasonable balance between private property rights and the public interest in preserving the City's cultural, historic, and architectural heritage. This should be accomplished by ensuring that demolition of buildings and structures important to that heritage are carefully weighed with other alternatives. Alterations to historically significant buildings and new construction in historic areas shall respect the character of each such setting, not by imitating surrounding structures, but by being compatible with them as defined in historic preservation guidelines. 514 East Hyman Avenue AspenModern Negotiation -First Reading of Ordinance #_, Series of 2013 Staff and HPC believe that this proposal meets statements A-D from the Purpose and Intent of the Historic Preservation program. The property is in the downtown historic district; Aspen's first district and one of the earliest in the State of Colorado. The historic district is the image of the town to many residents and visitors and provides a unique identity to the resort. About 50% o f the structures in Aspen' s downtown core are Victorian era. Buildings like the subject property are among the relatively few remaining places that clearly represent the town's character in the 1960s and 70s, when explosive development pressure caused many citizens to actively defend and attempt to preserve Aspen's small town character and individualism. The property is considered a "best" example of the Modernist style in Aspen. Except for the recent stone veneer, the building has not been greatly altered since construction. Staff respects the applicant's efforts to identify the minimum preservation benefits that will support this specific preservation and development effort. The negotiation process creates the opportunity for the City to incentivize a level of high quality restoration and preservation that might not otherwise be possible. RECOMMENDATION: Staff recommends that Council support this request to amend Ordinance #6, Series of 2012, revising the benefits for historic preservation of 514 E. Hyman Avenue. PROPOSED MOTION: "I move to read Ordinance #_, Series of 2013." CITY MANAGER COMMENTS: Attachments: Ordinance #_, Series of 2013 Exhibit A: Application Exhibit B: Ordinance #6, Series of 2012 514 East Hyman Avenue AspenModern Negotiation -First Reading of Ordinance #_, Series of 2013 ORDINANCE # (Series of 2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING ORDINANCE #6, SERIES OF 2012, THE ASPENMODERN NEGOTIATION APPROVED FOR THE PROPERTY LOCATED AT 514 E. HYMAN AVENUE, LOT N, BLOCK 94, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID NUMBER: 2737-182-13-002 WHEREAS, the applicant, 514 AH, LLC, represented by Haas Land Planning, has requested an amendment to an AspenModern voluntary landmark negotiation approved pursuant to Aspen Municipal Code Section 26.415.025(C), AspenModern Properties; and WHEREAS, Â§26.415.025.C(1)d establishes that "as part of the mutually acceptable agreement, the City Council may, at its sole discretion, approve any land use entitlement or fee waiver permitted by the Municipal Code and may award any approval that is assigned to another Board or Commission, including variations;"and WHEREAS, on March 26,2012, City Council approved Ordinance #6, series of 2012, which allowed â€¢ Removal and rendering null and void a 1980 Basement Restriction Agreement with the City in favor of underlying zoning compliance. â€¢ Growth Management exemption to create a residential unit and an 1,140 square foot Free- Market Residential floor area increase. â€¢ Five years of vested property rights; and WHEREAS, the applicant requests approval to amend Ordinance #6, Series of 2012, removing the residential incentives and replacing them with commercial incentives, namely: â€¢ Growth Management exemption for the affordable housing mitigation generated by the new net leasable space; and â€¢ A waiver of the cash-in-lieu fee for the parking requirement generated by the new net leasable space. The value of the waiver is $41,100. WHEREAS, the Community Development Department performed an analysis of the application and found that the review standards are met. The staff report analyzed the proposed preserv-ation incentives and monetary value o f the benefits where possible; and WHEREAS, the City Council finds that the proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, 514 E. Hyman Avenue Ordinance #_, Series of2013 Page 1 of 4 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, COLORADO, AS FOLLOWS: Section 1: Amendment to Aspen Modern Negotiation Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves removal and rendering null and void the 1980 Basement Restriction Agreement in favor of underlying zoning compliance, Growth Management exemption for the affordable housing mitigation of up to four employees generated the new net leasable space, and a waiver of the cash-in-lieu fee for the parking requirement generated by the new net leasable space. Section 2: Vested Rights The development approvals granted herein shall constitute a site-specific development plan and a vested property right attaching to and running with the Subject Property and shall confer upon the Applicant the right to undertake and complete the site specific development plan and use of said property under the terms and conditions of the site specific development plan including any approved amendments thereto. The vesting period of these vested property rights shall be for five (5) years which shall not begin to run until the date of the publications required to be made as set forth below. However, any failure to abide by any of the tenns and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Â§ 26.104.050, Void Permits. Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to Chapter 26.308, Fested Property Rights. Pursuant to Â§ 26.304.070(A), Development Orders, such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of five (5) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 514 E. Hyman Avenue, Lot N, Block 94, City and Townsite of Aspen. Nothing in this approval shall exempt the Development Order from subsequent reviews and approvals required by this Ordinance o f the general rules, regulations and ordinances or the Ci ty of Aspen provided that such reviews and approvals are not inconsistent with this Ordinance. 514 E. Hyman Avenue Ordinance #_, Series of 2013 Page 2 of 4 The vested rights granted hereby shall be subject to all rights of referendum and judicial review. The period of time permitted by law to exercise the right of referendum to refer to the electorate this Section of this Ordinance granting vested rights; or, to seek judicial review of the grant of vested rights shall not begin to run until the date o f publication of the notice o f final development approval as set forth above. The rights of referendum described herein shall be no greater than those set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 3: 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 Historic Preservation 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 4: 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 5: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 6: A public hearing on this ordinance shall be held on the 28th day of-May, 2013, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 13th day of May, 2013. Michael C. Ireland, Mayor ATTEST: Kathryn Koch, City Clerk 514 E. Hyman Avenue Ordinance #_, Series of 2013 Page 3 of 4 FINALLY, adopted, passed and approved this day of , 2013. Michael C. Ireland, Mayor ATTEST: Kathryn Koch, City Clerk APPROVED AS TO FORM: James R. True, City Attorney 514 E. Hyman Avenue Ordinance #_, Series of 2013 Page 4 of 4 City of Aspen Community Development Dept. 130 S. Galena Street Aspen, CO 81611 RE: 514 East Hyman Avenue (PID# 2737-182-13-002) Amendment to AspenModern Negotiation (Ordinance No. 06-2012) To whom it may concern: As owner of the above referenced property, I hereby authorize Haas Land Planning, LLC (HLP) to act as my designated and authorized representative for the preparation, submittal and processing of an application requesting amendment to the AspenModern Negotiation approvals of Ordinance Number 6, Series of 2012, as well as any subsequent applications or incidental approvals associated therewith. HLP is also authorized to represent us in meetings with City staff, the Housing Board, the Historic Preservation Commission, the Planning and Zoning Commission, and the Aspen City Council. Should you have any need to contact us during the course of your review, please do so through Haas Land Planning, LLC, whose address and telephone number are included with the application. 51# AtI LLC byl,Brooke Peterson, Manager P.O. Box 4068 Aspen, CO 81612 (970) 925-2619 41>i c la 4 4- ~ ORDINANCE #6 (Series of 2012) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING HISTORIC LANDMARK DESIGNATION AND BENEFITS THROUGH THE ASPENMODERN PROGRAM FOR THE PROPERTY LOCATED AT 514 E. HYMAN AVENUE, LOT N, BLOCK 94, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID NUMBER: 2737-182-13-002 WHEREAS, the applicant,. Mason and Morse, Inc., represented by Haas Land Planning and CCY Architects, submitted an application on November 29, 2011, pursuant to Section 26.415.025(C), AspenModern Properties, of the Aspen Municipal Code, to voluntarily participate in the AspenModern ninety-day negotiation period for the properties located at 514 E. Hyman Avenue, Lot N, Block 94, City and Townsite of Aspen; and .- WHEREAS, pursuant to Â§26.415.025.C(1), the ninety-day Aspen-Modern negotiation - commenced on November 29,2011; and â€¢ WHEREAS, Â§26.415.025.C(1)(b) states that, during the negotiation period, "the Community Development Director shall confer with the Historic Preservation Commission, during a public meeting, regarding the proposed building permit and the nature of the property. The property owner shall be provided notice of this meeting;" and WHEREAS, the property owners' representative met with the Historic Preservation Commission (the HPC) on January 25,2012; and WIIEREAS, at their regular meeting on January 25, 2012, the HPC considered the application; found that 514 E. Hyman Avenue is a "best" example of the Modern style in Aspen evaluated the designation and proposed development; and, found that the policy objectives for the historic preservation program stated at Â§26.415.010, Purpose and Intent are met, and recommended City Council ("Council') approval of Historic Landmark Designation; and WHEREAS, Â§26.415.025.C(1)(d), states that, during the negotiation period, "council may negotiate directly with the property owner or may choose to direct the Community Development Director, or other City staff as necessary, to negotiate with the property owner to reach a mutually acceptable agreement for the designation of the property"; and WHEREAS, Â§26.415.025.CO)d establishes that "as part of the mutually acceptable agreement, the City Council may, at its sole discretion, approve any land use entitlement or fee waiver permitted by the Municipal Code and may award any approval that is assigned to another Board or Commission, including variations;"and 514 E. Hyman Avenue Ordinance #6, Series of 2012 Page 1 of 4 WHEREAS, in addition to Historic Landmark Designation and benefits available to all Landmarked properties subject to the Aspen Municipal Code, the applicant has identified preservation incentives that are requested as part of the AspenModern negotiation process. Those incentives include: 1. Removal and rendering null and void the 1980 Basement Restriction Agreement in favor of underlying zoning compliance; 2. An allowable Free-Market Residential FAR of 0.88:1 (as compared to the 0.5:1 allowed by right); and 3. Ten (10) years of vested property rights. WHEREAS, the Community Development Department performed an analysis of the application ) for Landmark Designation and found that the review standards are met. The staff report analyzed the proposed preservation incentives and monetary value o f the benefits where possible; and WHEREAS, the City Council finds that the proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and elements ofthe Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion ofpublic health, safety, and welfare. - NOW, THEREFORE, BE IT RESOLVED By THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AS FOLLOWS: Section 1: Historic Landmark Designation Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves Historic Designation for 514 E. Hyman Avenue, Lot N, Block 94, City and Townsite of Aspen subject to the conditions described herein. Upon the effective date of this ordinance, the City Clerk shall record with the real estate records of the Clerk and Recorder of the County, a certified copy of this ordinance. The location of the historic landmark property designated by this ordinance shall be indicated on the official maps of the City that are maintained by the Community Development Department. Section 2: Aspen Modern Negotiation Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves removal and rendering null and void the 1980 Basement Restriction Agreement in favor of underlying zoning compliance, and an allowable Free-Market Residential FAR of 0.88: 1 (as compared to the 0.5:1 allowed by right). Section 3: Vested Rights The development approvals granted herein shall constitute a site-specific development plan and a vested property right attaching to and running with the Subject Property and shall confer upon the 514 E. Hyman Avenue Ordinance #6, Series of 2012 Page 2 of 4 Applicant the right to undertake and complete the site specific development plan and use of said property under the terms and conditions of the site specific development plan includihg any approved amendments thereto. The vesting period of these vested property rights shall be for five (5) years which shall not begin to run until the date of the publications required to be made as set forth below. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and- agreements required to be recorded, as . specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Â§ 26.104.050, Void Permits. Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of this Ordinance, the City Clerk shall * cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to Chapter 26.308, Fested Property Rights. Pursuant to Â§ 26.304.070(A), Development Orders, such notice shall be substantially Â·in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of five (5) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 514 E. Hyman Avenue, Lot N, Block 94, City and Townsite of Aspen. Nothing in this approval shall exempt the Development Order from subsequent reviews and approvals required by this Ordinance of the general rules, regulations and ordinances or the CityÂ· of Aspen provided that such reviews and approvals are not inconsistent with this Ordinance. The vested rights granted hereby shall be subject to all rights of referendum and judicial review. The period of time permitted by law to exercise the right of referendum to refer to the electorate this Section of this Ordinance granting vested rights; or, to seek judicial review of the' grant of vested rights shall not begin to run until the date of publication of the notice of final development approval as set forth above. The rights of referendum described herein shall be no greater than those set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 4: 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 Historic Preservation Commission or City Council, are hereby incorporated,Â· in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. 514 E. Hyman Avenue Ordinance #6, Series of 2012 Page 3 of 4 Section 5: 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 6: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office.of the Pitkin County Clerk and Recorder. Section 7: A public hearing od this ordinance shall be held on the 1201 day of March, 2012, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 13th day of February, 2012. /-0<1Lt.4-Â· -4 -rz- Michael C. Ireland, Mayor Kathryn Koch00 lerk FINALLY, adopted, passed and approved this 2~7 day of ~kt~012. 4% *dic ((4 44 t Michael C. Ireland, Mdyor ATO?6Tu,- ucta-juX) fu._ 'Kathryn Koch~fty CMrk APPROVED AS TO FORM: ~es R. True, City Attorney 514 E. Hyman Avenue Ordinance #6, Series of 2012 Page 4 of 4 i I RECEIVED HAAS LAND PLANNING,~~dN 201 N. MILL STREET, SUITE 108- ASPEN, CO 81611- (970) 925-7819- MITCH(~93~61~'tY-tiEVELOPMENT TO: Thru: Amy Guthrie I)ate: March 26,2013 Mayor and City Council Subject: Amendment of Ordinance No. 6 (Series of 2012) regarding the Negotiated AspenModern Landmark Designation of 514 East Hyman Avenue Section I: Introduction In November of 2011, the then owner of the subject property submitted an application proposing restoration of the building's original Robin Molny design along with assurances as to its preservation through AspenModern Landmark Designation in exchange for certain land use entitlements. The restoration and remodel was approved to include commercial use along with a third-floor residential penthouse addition set fifteen feet back from the restored historic fagade. Pursuant to Resolution No. 3, Series of 2012, the Historic Preservation Commission (HPC) approved Conceptual Major Development and Conceptual Commercial Design Review and made a recommendation of approval for Historic Landmark Designation to City Council. Pursuant to Ordinance No. 6, Series of 2012, Council approved the Landmark Designation as well as certain benefits requested by the applicant through the AspenModern negotiation. On March 26, 2012, the Coldwell Banker-MasonMorse Building at 514 East Hyman Avenue was officially designated a historic landmark through the AspenModern negotiation process with the City Council's unanimous approval of Ordinance Number 6, Series of 2012. In exchange for agreeing to so designate the property and complete an exemplary restoration of Molny's "Gargoyle Building," City Council granted the then applicant development approvals along with the following modest benefits outlined in Section 2 of said Ordinance, which remains vested and in full force through March of 2017: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves removal and rendering null and void the 1980 Basement Restriction Agreement in favor or underlying zoning compliance, and allowable Free-Market Residential FAR of 0.88: 1 (as compared tothe 0.5: 1 allowed byright). The Conceptual approvals from the HPC and negotiated AspenModern land use approvals from the City Council contemplated commercial use on the basement level, the ground floor and part of the second floor, with a residential penthouse unit occupying the front portion of the second floor and the entire third floor. 514 E. Hyman Avenue AspenModern Amendment (PID 2737-182-13-002) Page 1 However, while an application to the HPC for Final Major Development and Final Commercial Design Review was pending, the property sold to 514 AH LLC, whose Manager is Brooke Peterson. The new ownership group amended the design slightly before obtaining HPC's unanimous approvals. All of the approvals are discussed below and copies of the approval documents are provided herewith. The following changes were proposed by the current owner/applicant and have been approved by the HPC to facilitate and accommodate the efficient use of the entire building by one company for purely commercial purposes. Very little has changed with regard to the building exterior since the Conceptual approvals, but the recently granted Final approvals from the HPC include changes to a few details on the third floor roofscape, the garage area on the rear of the structure changed to an on-site utility/trash/recycle area, and the two front doors on Hyman Avenue have been eliminated in favor of a more exact restoration of the original Molny design with just one historically accurate main entrance location. In addition, the entry plaza has been simplified and redesigned to provide greater consistency with Molny's original design. The recently obtained Final approvals from the HPC are based on the understanding that the applicant must, and is now hereby separately requesting approvals from the City Council to amend the approved AspenModern negotiation to enable the purely commercial use of the property. With approval of this request the City will still have received landmark designation, commitment to an exemplary restoration effort a design that everyone has seemingly been quite happy with, and the elimination of an approved downtown residential penthouse unit that required the award of more floor area than was allowed by Code for the use but no employee housing mitigation whatsoever. Section II: The Proposal Pursuant to Code Section 26.415.025(C)(1), the submittal of this AspenModern application initiates a negotiation period of up to ninety days (but hopefully less given the very limited scope of the request). The City Council or the applicant may choose to terminate the negotiations at any time. The goal of the negotiation period is described in the Code as reaching a mutually acceptable agreement. AspenModern is a program adopted by the City of Aspen to address, through negotiation of incentives for designation, the negative impacts that the loss of landmark eligible buildings would have on the health, peace, safety, and general well being of the residents and visitors of Aspen, and the diminishment of Aspen's unique architectural character, livability, and attractiveness as a destination. Pursuant to this goal, the HPC has granted conceptual and final 514 E. Hyman Avenue AspenModern Amendment (PID 2737-182-13-002) Page 2 development approvals for the 514 East Hyman Avenue property, and City Council has granted development approvals with benefits/ incentives in exchange for the property being landmark designated. The adopted Code provisions provided at Section 26.415.025(C) state that, "When any benejits that are not included in Section 26.415.110 are requested by the property owner, the HPC [and, subsequently, City Council] shall also evaluate how the designation, and any development that is concurrently proposed, meets the policy objectives for the historic preservation program..." [emphasis added-]. Given that all of the aforementioned approvals have been granted, and with unanimous votes at the City Council and Final HPC hearings, clearly Council and the HPC have determined that the designation and associated development meets the policy objectives of the historic preservation program. One of the benefits not included in Code Section 26.415.110 but which Council approved was the award of additional free-market residential floor area beyond that provided by zoning to accommodate development of a second- and third- floor penthouse unit. Since the time Council approved Ordinance No. 6, Series of 2012, the City amended the Code to limit building heights in the Commercial Core (CC) Zone District to just two stories and 28 feet with third floors possible only to house lodging use. In other words, the CC zone district no longer allows free-market residential use at all, much less on a third floor. Notwithstanding this change, the approvals granted pursuant to Ordinance No. 6 remain vested and in full force through March of 2017, allowing development of 2,640 square feet of free-market residential floor area (where only 1,500sf were otherwise allowed) to accommodate a third floor penthouse unit without any associated employee housing mitigation requirement. The new owners of the property would prefer to eliminate the free-market residential use altogether and, in doing so, simultaneously forfeit the 2,640 square feet of free-market residential floor area that was approved and remains vested. While the recently adopted code amendments allow only lodge uses on third floors, the applicant seeks to amend Ordinance No. 6 only to allow the entire approved building to be used for commercial/ office purposes. The proposal will include a total of approximately 5,485 square feet of commercial Floor Area while the CC Zone District allows up to 6,000 square feet of commercial Floor Area. As such, no Floor Area-related incentives remain necessary. No other changes to the approval are requested and, it is hoped that the City Council will prefer commercial/ office use to the approved penthouse use enough to allow this change in a mutually acceptable manner, which from the applicant's perspective means without seeking to impose any additional, associated requirements. 514 E. Hyman Avenue AspenModern Amendment (PID 2737-182-13-002) Page 3 Replacing the approved free-market residential penthouse use in favor of commercial/office use seems to forward many City goals while eliminating a host of concerns associated with penthouses located above commercial spaces. For example, by eliminating the penthouse space from the front portion of the second floor and the entire third floor, these spaces will be in active use day-in and day-out throughout the year. In addition, there would no longer be any reason to fear that covenants or restrictions would be enacted to protect a free- market residential buyer/ owner from having in the building a restaurant, night club, or similar use that might add to the vitality of this downtown location. Upon completion of these entitlements, the applicant will work with the Community Development Department to obtain all necessary Growth Management approvals pursuant to Code Section 26.470.060(4), Minor Enlargement of an Historic Landmark for Commercial, Lodge or Mixed-Use Development. To wit Section 26.470.060 of the Code provides that the Community Development Director (CDD) has the ability to approve, approve with conditions, or deny certain Growth Management applications. Subsection (4) thereof allows for the approval of a minor enlargement of a Historic Landmark for commercial, lodge or mixed-use development provided that the following criteria are met: a. If the development increases either floor area or net leasable space/lodge units, but not both, then no employee mitigation shall be required. b. If the development increases both floor area and net leasable space/lodge units, up to four (4) employees generated by the additional commercial/lodge shall not require the provision Of affordable housing. An expansion generating more than four (4) employees shall not qualify for this administrative approval and shall be reviewed pursuant to Paragraph 26.470.070.1. c. No more than one (1) free-market residence is created. This shall be cumulative and shall include administrative GMQS approvals granted prior to the adoption of Ordinance No. 14, Series of 2007. The existing net leasable area is approximately 6,250 square feet and the proposal will increase this to approximately 7,617 square feet for a total increase of approximately 1,367 net leasable square feet. Simultaneously, some 1,917 square feet of approved free-market residential net livable area will be eliminated. The current proposal for only commercial use of the building includes a total Floor Area of approximately 5,485 square feet while the approval granted under Ordinance No. 6 (Series of 2012) allowed for a total Floor Area of 5,771 square feet. In other words, the Floor Area will decrease by some 286 square feet as a result of this amendment. In the end, therefore, the development increases net leasable space, eliminates approved free-market net livable space, and decreases the cumulative Floor '1 Area. Accordingly, pursuant to subsection a, above, no employee mitigation is 514 E. Hyman Avenue AspenModern Amendment (PID 2737-182-13-002) Page 4 required. Furthermore, not even one free-market residence will be created by the proposed development. Therefore, this proposal satisfies the criteria for approval as a minor enlargement of a Historic Landmark and should be approved by the Community Development Director. It is hoped that the information provided herein proves helpful in the review and approval of this exceptional project and exemplary preservation effort. If you should have any questions or desire any additional information, please do not hesitate to contact me. Truly yours, Haas Land Planning, LLC 1 f A. /2 ij Mitch Haas Owner/Manager Attachments: â€¢ Vicinity Map â€¢ Copies of related approval documents â€¢ Plans Set â€¢ Pre-Application Conference Summary â€¢ Signed Fee Agreement with Payment â€¢ Authorization Letter â€¢ Warranty Deed/Proof of Ownership CC: Brooke Peterson, Manager, 514 AH LLC 514 E. Hyman Avenue AspenModern Amendment (PID 2737-182-13-002) Page 5 VICINITY MAP 514 EAST HYMAN AVENUE }100 mr 4 01 I SOON 3, g 182.1 2 aAspen .t -- lok<ns Ave fo E Hock ::Â·.5 Ave 5 - - E 64'n St 4 Paeocke Park U..1 I EÂ·4Â·ek.. 5. co . ~. - 0 1-821 e C N 84 2 - 4, 4~ - U 4.-_ Herron >man AÂ·.Â·4 53 HyÂ·man Ave C :, Park C C.* c Â·93,04 1.-'1 1 2 -I- 1 4 Kocn 00 6 m 1 9 34 Lumbe, waipar .Ave ' r. Park M#gner Or ,/ ,, Par.k 6. 2 h. m 3 Ff Â·co,pe, Ave O .. Ill. I-- CD C :Â» ~ 0 9 - 13 01, r'.2 7 .. .. 182) : d "Â· a G .3 h COORÂ·, 2 -9, Cd Â¢.0 r t. j C: 1. 0 â€¢3,4 - . Ce 4- - 4 630 E S'.Â·,1, m,$ St I .0 -4 15 -4 -7 24'. - 0 - <15 mapquest 'Â» 3 â‚¬:2011 Mai,Quest Poitions Â®2011 NAVTEQ 19, m 0Â· ~' 410,10" Â·h c..1 I w.muno i.% 1,7.1 ORDINANCE #6 (Series of 2012) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING HISTORIC LANDMARK DESIGNATION AND BENEFITS THROUGH THE ASPENMODERN PROGRAM FOR THE PROPERTY LOCATED AT 514 E. HYMAN AVENUE, LOT N, BLOCK 94, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID NUMBER: 2737-182-13-002 WHEREAS, the applicant, Mason and Morse, Inc., represented by Haas Land Planning and CCY Architects, submitted an application on November 29, 2011, pursuant to Section 26.415.025(C), AspenModern Properties, of the Aspen Municipal Code, to voluntarily participate in the AspenModern ninety-day negotiation period for the properties located at 514 E. Hyman Avenue, Lot N, Block 94, City and Townsite of Aspen; and .- WHEREAS, pursuant to Â§26.415.025.C(1), the ninety-day AspenModern negotiation commenced on November 29, 2011; and WHEREAS, Â§26.415.025.C(1)(b) states that, during the negotiation period, "the Community Development Director shall confer with the Historic Pieservation Commission, during a public meeting, regarding the proposed building permit and the nature of the property. The property owner shall be provided notice Of this meeting;" and WHEREAS, the property owners' representative met with the Historic Preservation Commission (the HPC) on January 25,2012; and WHEREAS, at their regular meeting on January 25, 2012, the HPC considered the application; found that 514 E. Hyman Avenue is a "best" example of the Modern style in Aspen evaluated the designation and proposed development; and, found that the policy objectives for the historic preservation program stated at Â§26.415.010, Purpose and Intent are met, and recommended City Council Â¢'Council") approval of Historic Landmark Designation; and WHEREAS, Â§26.415.025.CO)(d), states that, during the negotiation period, "council may negotiate directly with the property owner or may choose to direct the Community Development Director, or other City staff as necessary,. to negotiate with the property owner to reach a mutually acceptable agreement for the designation of the properly"; and WHEREAS, Â§26.415.025.C(1)d establishes that "as part of the mutually acceptable agreement, the City Council may, at its sole discretion, approve any land use entitlement or fee waiver permitted by the Municipal Code and may award any approval that is assigned to another Board or Commission, including variations;"and 5.14 E. Hyman Avenue Ordinance #6, Series of 2012 Page 1 of 4 WHEREAS, in addition to Historic Landmark Designation and benefits available to all Landmarked properties subject to the Aspen Municipal Code, the applicant has identified preservation incentives that are requested as part of the AspenModern negotiation process. Those incentives include: D 1. Removal and rendering null and void the 1980 Basement Restriction Agreement in favor of underlying zoning compliance; 2. An allowable Free-Market Residential FAR of 0.88:1 (as compared to the 0.5:1 allowed by right); and 3. Ten (10) years of vested property rights. WHEREAS, the Community Development Department performed an analysis of the application ) for Landmal:k Designation and found that the review standards are met. The staff report analyzed the proposed preservation incentives and monetary value of the benefits where possible; and WHEREAS, the City Council finds that the proposal meets or exceeds all applicable development standards and that the approval of the development proposal 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, COLORADO, AS FOLLOWS: Section 1: Historic Landmark Designation Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves Historic Designation for 514 E. Hyman Avenue, Lot N, Block 94, City and Townsite of Aspen subject to the conditions described herein. Upon the effective date of this ordinance, the City Clerk shall record with the real estate records of the Clerk and Recorder of the County, a certified copy of this ordinance. The location of the historic landmark property designated by this ordinance shall be indicated on the official maps of the City that are maintained by the Community Development Department. Section 2: Aspen Modern Negotiation Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves removal and rendering null and void the 1980 Basement Restriction Agreement in favor of underlying zoning compliance, and an allowable Free-Market Residential FAR of 0.88: 1 (as compared tothe 0.5:1 allowed by right). Section 3: Vested Rights The development approvals granted herein shall constitute a site-specific development plan and a vested property right attaching to and running with the Subject Property and shall confer upon the 514 E. Hyman Avenue 0 Ordinance #6, Series of 2012 Page 2 of 4 'k .r Applicant the right to undertake and complete the site specific development plan and use of said property under the terms and conditions of the site specific development plan includihg any approved amendments thereto. The vesting period of these vested property rights shall be for five (5) years which shall not begin to run until the date of the publications required to be made as set forth below. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Â§ 26.104.050, Void Permits. Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to Chapter 26.308, Vested Property Rights. Pursuant to Â§ 26.304.070(A), Development Orders, such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of five (5) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 514 E. Hyman Avenue, Lot N, Block 94, City and Townsite of Aspen. Nothing in this approval shall exempt the Development Order from subsequent reviews and approvals required by this Ordinance of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this Ordinance. The vested rights granted hereby shall be subject to all rights of referendum and judicial review. The period of time permitted by law to exercise the right of referendum to refer to the electorate this Section of this Ordinance granting vested rights; or, to seek judicial review of thâ‚¬ grant of vested rights shall not begin to run until the date of publication of the notice of final development approval as set forth above. The rights of referendum described herein shall be no greater than those set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 4: 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 Historic Preservation Commission or City Council, are hereby incorporatedÂ· in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. 514 E. Hyman Avenue Ordinance #6, Series of 2012 Page 3 of 4 . 1 Section 5: ~ 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 6: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. The City Clerk is directed, upon the adoption of this ordinance, to record a copy ofthis ordinance in the office,ofthe Pitkin County Clerk and Recorder. Section 7: A public hearing on' this ordinance shall be held on the 12th day of March, 2012, at a meeting of the Aspen City Council commencing at 5:00 pm in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice ofthe same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 13th day ofFebruary, 2012. /711'<DUCV/o< Iia-/L Michael C. Ireland, Mayor Kathryn Koch i lerk FINALLY, adopted, passed and approved this 2#1 day offlÂ£46012. 90 04(Q# 1- Michael C. Ireland, Md~or ATO?~STL-- ue.a jul) Mu_ 'Kathryn Koch01% Clerk APPROVED AS TO FORM: 0--Al - ~ames R. True, City Attorney 514 E. Hyman Avenue Ordinance #6, Series of 2012 Page 4 of 4 1 uu, 1.lay 66, Â£.v 1 6 W. .1-. .V L. Â· e 7576351 092,4 9-0/L Ad Ticket #5 3. D- 3, c /2- Acct: 1013028 Name: Aspen (LEGALS) City of Phone: (970)920-5064 Address: 130 S Galena St E-Mail: Client: Caller: Kathryn Koch City: Aspen Receipt State: CO Zip: 81611 Ad Name: 7576351A Original Id: 0 Editions: 8ATI/8ATW/ Class: 0990 Start: 02/23/12 Stop: 02/23/12 Color: Issue 1 Copyline: atw Ord 6 - City of Aspen Rep: AT Legals LEGAL NOTICE Lines: 18 ORDINANCE #6, 2012 PUBLIC HEARING Depth: 1.51 Ordinance #6, Series of 2012. was adopted on first reading at the City Council meeting February 13, Columns: 1 2012. This ordi nance. if adopted, will approve a Discount: 0.00 landmark designation and benefits for 514 E. Hy- man AspenModern program. The public hearing Commission: 0.00 on this ordinance is scheduled for March 12. 2012 at 5 PM. City hall. 130 South Galena. Net: 0.00 To see the entire text, go to the city's legal notice website Tax: 0.00 http://www.aspenpitkin.com/Departments/Clerkl - * - .:~ Legal-Notices/ Total.Â· 1 -9 - ..r= ... 9.1,1-2.... If you would like a copy FAXed ore-mailed toyou. call the city clerk's office. 429-2686. Payment i 9.11 Published in the Aspen Times Weekly on February 23,2012. [7576351] Ad shown is not actual print size . 7576351 PROOF OF PUBLICATION STATE OF COLORADO, COUNTY OF PITKIN I, Jenna Weatherred, do solemnly swear that I am a Publisher of the ASPEN TIMES WEEKLY, that the same weekly newspaper printed, in whole or in part and published in the County of Pitkin, State of Colorado, and has a 1 LEGAL NQILCE general circulation therein; that said newspaper has been published I . ORDINANCE #6, 2012 PUBLIC HEARING Ordinance #6, Series of 2012, was adopted on first continuously and uninterruptedly in said County of Pitkin for a period of ! .Â·reading at theÂ·City Council meeting February 13, 2012, This ordinance, if adopted, will approve a more than fifty-two consecutive weeks next prior to the first publication of landmark designation and berients for 514 E. Hy- man AspenModem program. The public hearing the annexed legal notice or advertisement. at 5 PM. City hall, 130 South Galena. : .Â·~ ; on this ordinance is scheduled for March 12, 2012 To see the entire text, go to the ciN's legal notice website That the annexed legal notice or advertisement was published'in the regular 1 Â· btunllt?ME,Unnogitkin.com/Denaamenlglerkl Legal-Notices, If you would like a copy FAXed or e-mailed to you, and entire issue of every number of said daily newspaper for the period of 1 call the cie clerk's omce; 429-2686. ~ consecutive.insertions,Â·and that the first publication of said notice wasin the , Published in the Aspen Times Weekly on February 23, 2012. [7576351] . issue of said newspaper dated 2/23/2012 and that the last publication - 2/23/2012 of said notice was in the issue of said newspaper dated . In witness whereof, I have here unto set my hand this 264 day of March, 2012. jenna wearnerrcu, ruousiici Subscribed and sworn to before me, a notary public in and for the County of Garfield, State of Colorado 26th day of March, 2012. 60 93../.3.97.49/ S.Â¥... bOKil 8 [> 1.eA/%-~ 2 f N 04 Mary E. Borkenhagen, Notary Public ~ My Commission expires: September 12, 2015 9.4,644 P////1/t~Illititi#,AFO <Aspen (LEGALS) City of Apires 09-1210 s>keE N. 0% 00\(~1111~/0/4/ A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION RECOMMENDING THE ASPEN CITY COUNCIL APPROVE HISTORIC LANDMARK DESIGNATION OF THE PROPERTY LOCATED AT 514 E. HYMAN AVENUE, LOT N, BLOCK 94, CITY AND TOWNSITE OF ASPEN, COLORADO THROUGH THE ASPENMODERN PROGRAM, AND APPROVING CONCEPTUAL MAJOR DEVELOPMENT AND COMMERCIAL DESIGN STANDARDS REVIEW RESOLUTION # 3, SERIES OF 2012 PARCEL ID: 2737-182-13-002 WHEREAS, the applicant, Mason and Morse, Inc., represented by Haas Land Planning and CCY Architects, submitted a letter dated November 29,2011 requesting that the property located at 514 E. Hyman Avenue, Lot N, Block 94, City and Townsite of Aspen be considered for voluntary historic designation in exchange for specific benefits through the AspenModern negotiation; and WHEREAS, the 90 day AspenModern negotiation commenced on November 29,2011; and WHEREAS, the property is located within the designated boundaries of the Commercial Core Historic District as described in City Council Ordinance number 49, Series of 1974; and WHEREAS, the applicant also requested HPC Major Development (Conceptual) and Commercial Design Review (Conceptual) approval; 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 Commercial, Lodging, and Historic District Objectives and Guidelines per Section 26.412.040 of the Municipal Code. 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 RECEPTION#: 586585, 02/09/2012 at 10:06:12 AM, 1 OF 3, R $21.00 Doc Code RESOLUTION 514 E. Hyman Avenue - AspenModern Janice K. Vos Caudill, Pitkin County, CO HPC Resolution #3, Series of 2012 I , WHEREAS, Amy Guthrie, in her staff report to HPC dated January 25, 2012, performed an analysis of the application based on the standards, found that the review standards had been met, determined that the property meets the criteria for designation and the integrity score qualifies as the "best" category of historic resources, and recommended approval of the project with conditions; and WHEREAS, at their regular meeting on January 25, 2012, the Historic Preservation Commission considered the application during a duly noticed public hearing, the staff memo and recommendation, and public comments, and found the building to be consistent with the designation criteria by a vote of 4 to 1. NOW, THEREFORE, BE IT RESOLVED: That HPC hereby finds that the property located at 514 E. Hyman Avenue, Lot N, Block 94, City and Townsite of Aspen, meets the designation criteria of Land Use Code Section 26.415.030.C.1 and Land Use Code Section 26.415.010 Purpose and Intent, and recommends Aspen City Council negotiate for landmark designation. HPC finds that 514 E. Hyman Avenue is a "best" example of the Modern architecture. HPC hereby grants HPC Major Development (Conceptual) and Commercial Design Review (Conceptual) approval. These recommendations and approvals are granted with the following conditions: 1. A height variation to 40' is granted for the new addition. 2. The applicant shall provide additional explanation of how proper trash/utility/service area is accommodated. 3. HPC supports the negotiation request for removal of a previously established restriction on the use ofbasement space in the building. 4. HPC does not support the negotiation request for 10 years of vested rights. 5. HPC recommends the FAR of the residential unit be reduced from the amount requested through negotiation. 6. A development application for a Final Development Plan shall be submitted within one (1) year ofthe 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 25th day of January, 2012. j :C Â»/ L u- 0 1-ltÂ«vv -C__ Ann Mullins, Chair 514 E. Hyman Avenue - AspenModern HPC Resolution #3, Series of 2012 Approved as to Form: 0â€ž/fim True, Special Counsel ATTEST: U~ An /1 Kathy Stric*lifid, Chief Deputy Clerk 514 E. Hyman Avenue - AspenModern HPC Resolution #3, Series of 2012 r â€¢..' CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Amy Guthrie, 970.429.2758 DATE: 3.21.13 PROJECT: 514 E. Hyman Avenue, Lot N, Block 94 REPRESENTATIVE: Mitch Haas, Haas Land Planning OWNER: 514 AH, LLC DESCRIPTION: 514 E. Hyman is a mixed use building, constructed in 1971. In early 2012, Conceptual design approval, voluntary historic landmark designation, and historic preservation incentives were granted through the AspenModern program. HPC approved Resolution #3, Series of 2012 and City Council approved Ordinance #6, Series of 2012. Special preservation incentives awarded by Council were: â€¢ Voiding of a 1980 zoning/building restriction on the use of the basement in favor of underlying zoning compliance. â€¢ An allowable Free-Market Residential FAR of 0.88:1 (as compared to the 0.5:1 allowed by right). â€¢ Five years of Vested Rights. The Community Development Director also prepared a draft GMQS exemption for one free market unit added to a landmarked building. The exemption was not executed as Planning Staff was informed in January 2013 that the property sold and the new owner wished to change the program of the third floor addition from residential to commercial. On February 27, 2013, HPC granted Final design approval through Resolution #4, Series of 2013. HPC approved a waiver of the requirement for one on-site parking space generated by the new commercial space, and a waiver of the cash-in-lieu fee that would otherwise be required. HPC also approved a minor modification to the dimensions of the required utilities/trash/recycling area. The proposal to increase office space must return to City Council for an amendment to Ordinance #6, Series of 2012. The project no longer needs an increase in free market floor area. Instead, the project needs a different Growth Management exemption, which is waiver of affordable housing mitigation for the first four employees generated by an expansion of net leasable space. The applicant must request Council remove the residential floor area incentive and accept the commercial Growth Management exemption and the parking waiver needed for the revised proposal. Council cannot revoke the approved Ordinance. Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 26.415.025.C AspenModern 26.470.060.4 Administrative Growth Management, Minor Enlargement of an Historic Landmark for Commercial, Lodge or Mixed Use Development Land Use Code (including all code sections cited above): http://www. aspen pitkin.com/Departments/Com mu n ity-DevelopmenUPIanni nq-and-Zon i ng/T itle-26- Land-Use-Code/ HPC application: http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/AppsÂ°/020andÂ°/020Fees/2011%20Historic%20L and%20Use%20App%20Form.pdf , Review by: Staff for completeness, Council for determination Public Hearing: Yes, at Council Second Reading Referral Agencies: Housing Planning Fees: $1,950 for 6 billable hours (additional or less billable hours are at $325 per hour) Referral Agency Fees: $975. Total Deposit: $2,925. To apply, please submit 1 copy of: Il Signed fee agreement with payment. Il Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. Â¤ Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. And 12 copies of: Â¤ An 8 1/2" by 11"vicinity map locating the parcel within the City of Aspen. D Scaled elevations and/or drawings of the proposed work and its relationship to the designated historic buildings, structures, sites and features within its vicinity. 0 An accurate representation of all building materials and finishes to be used in the development. Il Photographs and other exhibits, as needed, to accurately depict location, extent and design of proposed work. 0 A written description of the proposal and an explanation of how the proposed development, and any requested variances or bonuses, complies with the review standards and design guidelines relevant to the application. Applicants are advised that building plans will be required to meet the International Building Code as adopted by the City of Aspen, the Federal Fair Housing Act, and CRS 9.5.112. Please make sure that your application submittal addresses these building-related and accessibility regulations. You may contact the Building Department at 920-5090 for additional information. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. ' 514 E. Hyman Ave I RE'~~IVED CCY ARCHITECTS 714-,9. MAR 2 6 2013 ASPEN, CO â‚¬1*.. CITY OF ASPEN 228 Midland Avenue Post Office Box 529 COMMUNITY DEVELOPMENT Basalt Colorado 81621 . 970-927-4925 fax 970-927-8578 c.yoffice@.cyarch,tects com 17 514 E. Hyman - , Ave 1 /*1: . 4 . 1, 1 4 , 4- ASPEN, CO 1 DATE: 02.19.13 DRAWN BY: AK 4 CHECKED BY. jc PROJECT NUMBERÂ· . 9 11129 4 . ISSUE ,. HPC Final Submission REVISIONS: . ~.. 41 ABBREVIATIONS PROJECT DIRECTORY SHEET INDEX 2 64 ,+D. ./Reeâ€¢, A SrANDARD OWNER ARCHITECT BUILDER . HEIGHT o STEEL ADJ ADJACEN' A'AC MEATING VENTI.ATING S RUCT STRUCTUREtAL ARCHITECTURAL AFF ABOVEFINISHEC, f LOO' ANDCOOLING SJP SUBSTITUTE MASON MORSE CCY ARCHITECTS. LTD. CLEARWATER CONSTRUCTION MANAGEMENT, INC. AGG AGGREGATE HIGHWAÂ¥ SUPPLEMENTIAL> PO BOX 939 ALT Al TER~LATIVE - INTERNATIONAL BUILDINC 514 E HYMAN AVE 228 MIDLAND AVENUE AOR AREAOFREFUGE . TREAD ASPEN CO 81611 PO BOX 529 CARBONDALE. CO 81623 Al 1 COVER SHEET INTER(.ATE'COLOR 1.b TOP AN[; BOTTOM 970920-7370 BASALT. CO 81621 ARCH ARCHITECTURk PLA5TEk 970 379.3709 ASSY ASSEMBLY i TOUNGr ANDIROOVE 970-927-4925 FAX 970-927-8578 CONTACT JOHN BLATZ Al.2 Survey [ INSIDE DIAMETFR CONTACT BROOKE PETERSON BO BOTTOMOF ropor IE THATIS CONTACT ALEX KLUMB BD BOARD F TELEPHONF INTERIC' BFT BETWEEN FMP TEMPER. Proposed 3D View Al,2.1 INSULATION BLOC Bul.ING H. BICk Billi BEAM ./.'.~~:DE I + TOILE' PAPER HOLDE' Al,3 Materials Palette BRI BEARING 1 Twef STEEL JOINt BS BOTH SIDES ~ELEVISION + LAMINATI A21 Site Plan (Ae CABINET LAVATOR' tÂ¥PI~Al GENERAL NOTES Plaza Plan CE... UNLESSNOTE[i A2.2 MAXIMU' . CONSâ„¢UCTION JOIN' MEDICINE CAB1NE1 OTHERWISE MC UNIFORM BUILDING (0)' SURVEYOR A2.3 Plaza Plan Illustrative . CENTERLINE MEB UECHANICAt lLCS CLOSE T " UNDERGROUND MFG 1,tAN"ACTURER CLEAR . N UN~INSHED ASPEN SURVEY ENGINEERS, INC A3.1 Lower Level Plan MINIMUM CONCRETE MISC)NA, ii. III TE..ATLIC.AUGE ........S A THE AIA DOCUMENT 201 "GENERAL CONDITIONS OF THE CONTRACT FOR F SHOP DRAWINGS SHALL BE SUBMITTED TO THE ARCHITECT FOR HIS DRIER 210 SOUTH GALENA ST A3.2 Main Level Plan UNIT VERIFYINFIEIr MASONRYOPENING CONSTRUCTION . LATEST EDITION. ARE HEREBY MADE A PART OF THESE REVIEW WHERE CALLED FOR ANYWHERE IN THESE DOCUMENTS REVIEW ASPEN CO tot COLUI,IN VAkIAB~, 970.925 3816 MATERIA,1 CONTRACT DOCUMENTS COPIES ARE ON FILE AND ARE AVAILABLE FOR SHALL BE MADE BY THE ARCHITECT BEFORE WORK IS BEGUN. AND WORK A3.3 Second Level Plan 4 0/l CONCRETE NO~APFUL43/ ./Â· VEN'nATE. CONTACT JOHN HOWORTH A3.4c Third Floor Plan N.Â· IONT CONTINLK)US VF R T ILA GRAIN INSPECTION AT THE OFFICES OF THE ARCHITECT SHALL CONFORM TO THE REVIEWED SHOP DRAWINGS, SUBJECT TO LiET ./ NOTINCONTRAC' ... DETAIL NOT TOSCALE B THE CONTRACT DOCUMENTS CONSIST OF THE AGREEMENT THE GENERAL REPLACEMENT AS REQUIRED IN PARAGRAPH -E ABOVE MITS LHA DIAMETER CK ONCEN~ER A3.5 Roof Plan [W DI~,IENSION NOTES, THE SPECIFICATION/ DETAIL BOOK AND THE DRAWINGS WHICH ARE G THE BUILDING INSPECTOR SHALL BE NOTIFIED BY THE CONTRACTOR WHEN 00 OUTSIDE D.kiET. N DO,VI COOPERATIVE AND CONTINUOUS WORK INDICATED OR REASONABLY IMPLIED THERE IS NEED OF INSPECTION AS REQUIRED BY THE INTERNATIONAL OP. OPENING A41 Current South Elevation [" t~AMPPRO'OPINr IN ANY ONE OF THE DOCUMENTS SHALL BE SUPPLIED AS THOUGH FULLY BUILDING CODE / INTERNATIONAL RESIDENTIONAL CODE OR ANY LOCAL CODE Molny Design op. oppos'Tr*. A41.1 [,I DRAIN Opp OPPOSITE COVERED IN ALL ANY DISCREPANCY BETWEEN THE DIFFERENT PARTS OR ORDINANCE ris DC)WNSF'OUr PE'F PERFORATED r'* DISHWASHE' SHOULD BE REPORTED TO THE ARCHITECT IMMEDIATELY H THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE SAFETY AND CARE OF A4.2.1 PeEFINIS+EDSHEEr ow. DRAWING METAL C ALL WORK SHALL COMPLY WITH ALL STATE AND LOCAL CODES AND ADJACENT PROPERTIES DURING CONSTRUCTION. FOR COMPLIANCE WITH PLANNING CONSULTANT Proposed South Elevation EA EACH EJ EXPANSION JOIN- PL ...2/ ORDINANCES AND SHALL BE PERFORMED TO THE HIGHEST STANDARDS OF FEDERAL AND STATE O.S H.A REGULATIONS. AND FOR THE PROTECTION OF A4.3 West Elevation EL ELEVATION pROD PROC]/7 CRAFTSMANSHIP BY JOURNEYMEN OF THE APPROPRIATE TRADES ALL WORK UNTIL IT IS DELIVERED COMPLETED TO THE OWNER HAAS LANDPLANNING. LLC North Elevation ro EQUAi 201 N MILL STREET, SUITE 108 A44 COVER SHEET PROJECT D THESE DOCUMENTS ARE INTENDED TO INCLUDE ALL LABOR, MATERIALS, I DO NOT SCALE DRAWINGS CONTRACTOR SHALL VERIFY AU DIMENSIONAL PROP PROPERn R RADIUSORRI. EQUIPMENT AND SERVICES REQUIRED TO COMPLETE ALL WORK DESCRIBED DISCREPANCIES WITH THE ARCHITECT ASPEENC081611 A4.5 East Elevation F f ....FLOOR REF HEREIN IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO BRING TO THE J CONTRACTOR SHALL VERIFY AND COORDINATE ALL OPENINGS THROUGH CONTACT MITCH HAAS A51 Building section 970 925-7819 REFEA D FLOOR DRAIN ATTENTION OF THE ARCHITECT ANY CONDITIONS WHICH WILL NOT PERMIT FLOORS CEILINGS. AND WALLS WITH ALL ARCHITECTURAL STRUCTURAL REFR REFRIGERATOR ./ FOUNDATiON i REIN REINFOACE CONSTRUCTION ACCORDING TO THE INTENTIONS OF THESE DOCUMENTS IT IS MECHANICAL, PLUMBING AND ELECTRICAL DRAWINGS A6.1 Massing Simulation FECABT FIRE DTINGUISHER REQD REQUIRED THE RESPONSIBILITY OF THE ARCHITECT TO PROVIDE DETAILS AND/OR FIN FINISH ROUND HEAD SHEE' K CONTRACTOR WILL ASSUME RESPONSIBILITY OF ITEMS REQUIRING A6.2 Perspective Views SCALE .... I FLOOR METAL DIRECTIONS REGARDING DESIGN INTENT WHERE IT IS ALTERED BY EXISTING â€¢ COORDINATION AND RESOLUTION DURING THE BIDDING PROCESS FOC FACE OF CONCRETE 1~00/ CONDITIONS OR WHERE NEGLECTED IN THE DOCUMENTS. Fos FACEISTUD < NOUGHOPENING O ALL DIMENSIONS ON STRUCTURAL DRAWINGS TO BE CHECKED AGAINST L 3,2 Main Level Lighting Plan FP AREPROOF RYÂ· ROOF WINDOW E ANY MATERIALS PROPOSED FOR SUBSTITUTION OF THOSE SPECIFIED. OR FOOTING 8 - D SLOPE TO DRAIN CALLED OUT BY TRADE NAME IN THESE DOCUMENTS SHALL BE PRESENTED TO DISCREPANCIES BEFORE PROCEEDING WITH CONSTRUCTION L3.3 Mezzanine Level Lighting Plan ARCHITECTURAL DRAWINGS NOTIFY ENGINEER AND ARCHITECT OF ANY GAUGE SAN SAN]TARI THE ARCHITECT FOR REVIEW. THE CONTRACTOR SHALL SUBMIT SAMPLES L3.4 Upper Level Lighting Plan A1.1 GA.VANIZED SECT 5ECTION WHEN REQUIRED BY THE ARCHITECT AND ALL SUCH SAMPLES SHALL BE GC GENERALCONTRACTO SE' SEWER Gte GLULAMBEAI~ SHLV SHEET REVIEWED BY THE ARCHITECT BEFORE THE WORK IS PERFORMED WORK GR IRA. SHT SHELVES MUST CONFORM TO THE REVIEWED SAMPLES ANY WORK WHICH DOES NOT GWB ./PS'/WALLBOARI S,M SI~LAR CONFORM SHALL BE REMOVED AND REPLACED WITH WORK WHICH CONFORMS r lip GYPSUM SPEC SPE'FICATION AT THE CONTRACTORÂ·S EXPENSE SUBCONTRACTORS SHALL SUBMIT MEAVI'l,MBER SQUARE HEAD 9 V SOUND TRANSMISSION REQUESTS AND SAMPLES FOR REVIEW THROUGH THE GENERAL CONTRACTOR 1 HAHOWARE ..S WHEN WORK IS LET THROUGH HIM OR HER REQUIRED VERIFICATIONS AND SUBMITTALS TO BE MADE IN ADEQUATE TIME AS NOT TO DELAY WORK IN PROGRESS 'ATTLF C.... ..v. Al. / TFC -. IT[. . . 0 . A N LEGEND AND NOTES A Â° â€¢ O roullÂ® 5-,EY VozINT AS DESCRIED unurr 80* â€¢ R RKE SURIEY COÂ»,TRa O SET DMY Wol,UWENT 2$947 . SPOT ELEVAICÂ»45 BAED , A TBW Ct 100 AS 90*N wATER LÂ»Â« rS LOCATED W HWAN Aâ‚¬ SE*ER. MICÂ»(E. ELECT~C GAS. ABÂ«) CATV AME LOCATED I ALLEÂ¥ POSTED ADORESS '614' YOU 4*LAION ,-09â‚¬D en 22,24:,2 ALLEY BLOCK 94 490Â·. DATED: 02/03/97 ~ Q It .~ * PLANIER 994 'ED DECUURA TNEE 7 REAR SIMIS NO FAOA 000*04 INTO ALLEY AS 940* 34.S ~ I][TDOS M ALLEY â‚¬ 015 CUC .GAS.ltÂ»S 99.6 967 Co,Â«: %* t 2 STORY CEâ€¢inCAncit 4/1 E MAsoNRY BuiLDING DE 1.Â»OENISICAVED STATES â„¢AT DE PRCPERTY DESC-ED ~ 2 N.MAWN-11/1*n. ARE 4E. tâ„¢ il 2*~944 ~ 20.020Â® N f ==ANrb#Mjeter,#4).4,/.Mal($ T 3606 *â„¢ DE Ik . Dâ‚¬ '"#'" IELOR W b Â·P 04 ~ LOT 1 O* 61. 110*ORTI P LE 28*47 S .4 *47 PATO too 8 11Â·41 p 102.1 PAto P tol.o X *4 CONC. BROCE CKÂ»IER. C-,TERATED ip b 6/ = 4.th" ':ro', 41% = 4%1 (IJ) ~~,oaj 91- * co),C- a.oot CORIEâ€¢ 7â€¢80.... I *ATER VALVE EAST HYMAN A VENUE IMPROVEMENT SURVEY LOT N. m.00( 94. &1Â¢Â°4~*4 9 *spo, STATE Or COICAIDO CCÂ»,TA-,G 1011 V ./- PiPMED BY ASPEN SURVEY ENGINEERS. INC. 210 SITH GAL[NA STICIT A-Di COLORADO 81611 11/11 27072 PHOIC/'U (970) 225-3016 DATE . . 0 . CCY ARCHITECTS EXISTING BUILDING ORIGINAL BRICK TO BE RE-ESTABLISHED. - 3RD FLOOR ADDITION 228 Midland Avenue Post Office Box 529 Basalt, Colorado 81621 970-927-4925 .. fax 970-927-8578 ccyoffice@ccyarchitects com 514 E. Hyman Ave tp ASPEN, CO 1 - ' B DATE 02.19.13 DRAWN BY: AK CHECKED BY JC Â· PROJECTNUMBER: 11129 T ISSUE HPC Final Submission & j REVISIONS: I I - .. .4 0 . 4 * 4. 4 - PROPOSED VIEW FROM SOUTHEAST Proposed 3D View SCALE Al.2.1 COTTLE C AIR YAW. ARCH 1Â£â‚¬ TS 1 . . . 0 CCY ARCHITECTS i. -g 228 M,dland Avenue IF~' ~-~--'-- ~---~-~----- Post Office Box 529 Basalt. Colorado 81621 970-9274925 fax 970-927-8578 ccyoffice@ccyarch,tects corn Ff-, 1 1111 111 1 111., 11 r F Bihhi~i:~21'Â·t.lip .6,1 241'Ii!.~:I~1,111,1,111~ ./- -1-=All// 514 E. Hyman PAINTED METAL c ASCIA 2/#10#"WA./Fi 1-0- J (TYPICAL, ....i-Wi:i'::::0::.0 Ave lilli 11'll'11 Im.--5..4 .: lili ~iM\31.- ....... nus: 45% 462 1111111.lilli'~5:lili 11111111 '... N:.; i.:,8 ::SPÂ·: ~ 2 :; 22 ' 2':Â· 1' 1 111'lll *#6â€ž*A.4:40-u,1.1, 44â€ž - â‚¬=L. Metal Siding Color Metal Siding Detail Siding Concept Siding Concept Matte Zinc By Day By Night ASPEN. CO ~ BENRE-ES~BLISHED -- 02.19.13 filEZI DATEÂ· PARAPET TO BE LOWERED DRAWN BY 2'-0 TO RESTORE AK ORIGINAL HEIGHT - ___ CHECKED BY - je PROJECT NUMBER. 11129 - - ISSUE 1 - - ..li/A~ ~ ti HPC Final Submission - & COLOR TO BE - RE-ESTABLISHED - REVISIONS: Window Color: Aluminum Storefront Painted Metal Handrail & Kawneer, Dark Bronze Window System to match Seat Back to match Window Color Original Kawneer Specification BUILDING SIGNAGE - - - Iii - - 6. 1 EXISTING COLUMN - I -7- --~----3 1 12 - iky:<t 1Â·-- ~ ~ J k - 1 il ../' /' I . ' 1 : - .. r - 1 11 -- Original Brick to be CMU Paint Color Stacked Sandstone Vaneer for Site Re-established to match Original Brick Walls, Planters, and Slabs . '1 1 Â¥J,1... 1-1- 1 Â·Â·Â· 4-/ ' -22 m///////4.Â·.997( '*EL . 1, \ . - .. , '4%6. - k. --7 . '6 r 1 1 1.-10 Materials Palette r? v~r- .... .S- SCALE Brick Pavers to match Photos of Original Brick Saw Cut Concerete A1.3 Elk's Building Plaza (Behind existing sandstone) Davis Color: Adobe To Be Restored i l ITTL E C AR k ~ AVâ€¢ AP{ /1 -E r T. Tr NEW CONSTRUCTION SET BACK +6 15 - 0 CCY ARCHITECTS 228 Midland Avenue Post Office Box 529 Basalti Colorado 81621 970-927-4925 fax 970-927-8578 Â© 8 Â® 0.1) Â® ccyoffice@ccyarchitects com 514 E. Hyman - Ave ASPEN, CO DATE Â© 02.19.13 DRAWN BY: 1/ 21-= 1- 7==J=n= a~= 13 r- 7- 7 - AK 0 111 11 I 0 ; UP --- --- t:: 11'11'' \i 1,111!11111 4 /////1 CHECKED BY: 11 1 Â¢ JC ~LEVV ~ A -l--: 1 :r---1.11--4.:.6-1.4.41 4, PROJECT NUMBER: lili MECHANICAL/ FIREWATER 11129 TREATMENT UP --- --- lilih, 1111 ~ - ISSUE: OPEN ABV 1 1 1 4- HPC Final Submission ~'--4-1_~~ REVISIONS lili d lili - -------1 OFFICE SPACEE j 2.364 S.F. F.F.EL. +A 90 - 0 JANITOR f VOID/ 1 1 1 1 1 SPACE MECHANICAL/ CRAWL SPACE r-3 LOWER LEVEL PLAN ~ (1-, 1/4" = 1-0 NORTH Lower Level Plan . SCALE 1/4- = 1.-or CCT TLE CARQ VAW ARCHITECTS ITD - CCY r ARCHITECTS 228 Midland Avenue Post Office Box 529 Basalt, Colorado 81621 970-9274925 , i fax 970-927-8578 ccyoffice@ccyarchitects corn Ill i 514 E. Hyman - Ave ELK'S BUILDING 000 0 ASPEN, CO EXISTING ELK'S PLANTER DATE: 02 19.13 DRAWN BY AK CHECKED BY: jC EXISTING BENCH PROJECT NUMBER: 11129 EXISTING PLANTER ISSUE: HPC Final Submission 0 -171/MIFUL_'235'.CLUJIZZJ52(12/M L_ ...~. 1 c |11'1111 REVISIONS: GAS SERVICE, DI REGULATOR AND BOLLARDS TO --------a----11 LOCATION - DN OPEN -//Cp. . I BALANCE OF ALLEY ~ REMAIN IN CURRENT ~ ENCROACHMENT TO BE REMOVED 41[.3 1 BENCH f ON ~--- )tv O DN LANDING ADA RAMP ORIGINAL MOLNY OFFICE SPACE ENTRANCE TO 1.743 S F REMAIN F.F. EL 100 -0 8-0 5-7 .1 . 13-7' '1 ./ a. 1 HIGH WINDOW - UTILITY. TRISH. RECYCLE SERVICE i AREA 215 S.F PLANTER 1 $ MECH ELECTRICAL SHAFT = 1 1 . Â· Id'...#jull".dill#/Tt.z.Retrl'Lk**9****â‚¬*n- 0 000 0 PITK1N CENTER BUILDING Main Level Plan . SCALE. 1/4- = 1 '-0" rÂ«MAIN LEVEL PLAN ~ 4._j' 1/4"= 1'-0" NORTH (CTTLE CLAwl .A, ARCHITECTS LT[Â· BENCH NEWPLANTER .t-,6 / CCY \--2 ARCHITECTS 228 Midland Avenue Post Office Box 529 Basalti Colorado 81621 970-927-4925 fax 970-927-8578 ccyoffice@ccyarchitects.com Â® Â© Â® <*g Â® 514 E. Hyman Ave ASPEN, CO NEW WINDOWS DATE 02 19.13 DRAWN BY: AK 0 V' I g.'.... 1/u'l.Â·7.-~4-9I. ' 41./;I 'T--1 '*?'iRM>Nk<,b r- ...â‚¬24 ' 1 1. CHECKED BY: 11 I~-1 11129 jC r--1-1--1-1~ DN DN PROJECT NUMBER: 1 1 1 1_1 1 1 ELEV I OPEN HPC Final Submission .6 ISSUE 1 REVISIONS, L EXISTING i DECK TO | REMAN 1 f~ ~ 56 S F. SLIDING I DOOR ~- - 4 OFFICE SPACE - NEW WINDOWS 1914 S.F 1 1 1 1 1 MECH SHAFT ~ 4 1 11 Second Level Plan SCALE. 1/4" = 1 '-0 0 MEZZANINE LEVEL PLAN /-1 1/4"=1'-0" A).3 NORTH â€¢ COTTLE CAAR Â¥A* AR//ITECTS LTD CCY ARCHITECTS 228 Midland Avenue Post Office Box 529 Basalt. Colorado 81621 970-9274925 fax 970-927-8578 ccyoffice@ccyarchitects com 514 E. Hyman (~ 0.1) Â® Ave ASPEN, CO DATE- 02.19.13 DRAWN BY, AK ~ PROPERTY UNE ~ CHECKED BY: JC lillill PROJECT NUMBER: . *N 1 lil li l 11129 1 ]-1 ~ ~ ~-I 1~LASS ROOF- ELEV ISSUE 2-1 ~ 1 " HPC Final Submission Â¥ 1 REVISIONS: 0 0 1 - I ~ - Â· OUTDOOR DECK - i - 340 S F 0 OFFICE SPACE - 1 596 S.F. - MECH SHAFT PROPERTY LINE , . .............. .. . ..... . .11 1....... .. 1. . ... . . .. ...... ....... ...... . ... .. ..... . .... . . Cal .-/ Â® 8.11 Third Floor Plan SCALE. rl UPPER LEVEL PLAN ~ 1/4"=10 ~ 1/4Â· = 1'-0' NORTH A3.4 COTTLE CARR YAW ARCâ€¢41TFETS L.â€¢ PROPERTY LINE CCY ARCHITECTS 228 Midland Avenue Post Office Box 529 Basalt, Colorado 81621 970-927-4925 fax 970-927-8578 ccyoffice@ccyarchitects com 514 E. Hyman Ave .-/ (G.1) ELK'S BUILDING ASPEN, CO 18'do" DATE: ' 02.19.13 DRAWN BY. AK CHECKED BY jC PROJECT NUMBER: 11129 ISSUE HPC Final Submission OPEN TO ROOF REVISIONS: ELEVATOR BELOW OVER RUN ,ROOF /ACCESS O GUARDRAIL AS CURB RD ~ HATCH &1 0 RD REQUIRED BY CODE \ RD ... / 13Â·-8- SKYLIG HT & CU:B 11 3 I % ~IREA OF ROOFTOP~ U MECHANICAL. SPECIFIC O 0 EQUIPMENT & LOCATIONS 0 RD RD RD IO BE VERIFIED)I CÂ© ADJACENT ROOF BELOW Roof Plan SCALE 1/4 = 1-0- eCTT.F r ARR YAW ARCHITA TS i Tn 0 . 0 0 228 Midland Avenue Post Office Box 529 Basalt. Colorado 81621 970-927-4925 fax 970-927-8578 ccyoffice@ccyarchitects com ..4 514 E. Hyman r> '- A e Ave 7 7 64/ couc,~6 SES~ d *< 7 --= r. â‚¬&~*~ - -.-- -- EL. so -ar -,7 - e -1 7 0 0=,r Â£ e. !126'- 14 Y ASPEN. CO 46 DATE: j 02.19.13 MA ,â€¢9 $ CEWL-Â£ 15 1 -1 12,1 - p DRAWN BYÂ· It AK EXnaNT OF r 72 4 Â«5144â€¢Tn; CTION 1 N F'HASE IE CHECKED BY: jc 1 -- ---- 2 7 MÂ»+10Â· ST PROJECT NUMBER: 0,1 - TO MEZZÂ»-INE. 11129 , ISSUE - -- Ebk I 2*- t HPC Final Submission Â·41 Â· 4 L tky - e FiAZHING -- ~Â·1Â»0 NiuLAT- hiEn, Blel 5%12*- CZAR 1 Na 0 REVISIONS n EL. 1061 -011 ..0 9 =99 k t I: I ~/1700 OF . .1. ~ i Er--737'Â·490 ' I O MAIN. FLLOC A /08!ELL L â€¢.',00'- 00 -â€¢r b,4,4 C.LI/ '6 01,. I 11'-81 G -8 11 -Â». | aâ€¢law *#Bi.:c -7 2'NarruCTIC,N 1 IN A-E )I I . 6/e CETAL-6 1 14 - le OR 4,(T As? 1 L 70-2#22Zle+.1- L__ EL 90 - C>W M- SOUTH 1,4-â€¢ 1-0 PHOTO OF ORIGINAL MOLNY DESIGN ORIGINAL MOLNY DESIGN - SOUTH ELEVATION PERMIT SUBMITTAL 1980 Molny Design SCALE. A4.1.1 i f i iii i ..........'T.-S CCY ARCHITECTS 228 Midland Avenue Post Office Box 529 Basalt. Colorado 81621 970-927-4925 fax 970-927-8578 ccyofflce@ccyarch,teds com 514 E. Hyman Ave PAINTED METAL FASCIA (TYPICAL) MFTAI r.t IARDRAII PAINTED, DARK BRONZE fr-- 1 TO MATCH WINDOWS 5 MECHANIAL / ' ASPEN, CO -h- 1. ELEVATOR OVERRUN 1-1 h--11 ''- ' ALLOWANCE m AS REOD (MAX 5 ) DATE: ELEVATOR OVERRUN 1 0 3 Z .-- --- - 02.19.13 O -9 Â·Â·,r 1 '--' ;Ill â€¢ DRAWN BY: AK M 3 43 -: . U) I CHECKED BY. 85 = JC Qa ~- .' 1 - - , PROJECT NUMBER Z 0 11129 ISSUE. HPC Final Submission ~ ORIGINAL BRICK , ~ -r TO BE RE-ESTABLISHED - PARAPET TO BE LOWERED REVISIONS 2-0- TO RESTORE ORIGINAL HEIGHT - _ __, - .. 7 ORIGINAL MOLNY = - -1- WINDOW DESIGN - - . ' & COLOR TO BE - RE-ESTABLISHED - i i -- u It 1; BUILDING SIGNAGE 2 = 1 7===1 - ,-I 2 - I - _ -1NiNMER11~BEAT bACK- 1, TO BE REMOVED -~ 1414 i EXISTINGE COLUMN 1 RECONFIGURED SANOSTONE .>t_4NTER MtlbMI IUMAILMLAIb!1146 , :RE PLAZA PLAN - r- --' 1 1 1 F . 1 . Proposed South Elevation NOTE DETAILS REFERENCED ONA# 1 1 TO BE RE-ESTABLISHED TO THE GREATEST EXTENT POSSIBLE SCALE PROPOSED SOUTH ELEVATION @ 1/4" A4.2.1 COTTLE CAR/lAiÂ·. A.CH'TECTS 'TE, 11 iiI 111 1 . . . 0 PAINTED METAL GUARDRAIL , ELEVATOR OVER RUN AS REQUIRED BY CODE RE ROOF PLAN FOR SETBACKS FROM ROOF EDGE VERTICAL SIDING ON EXISTING LINE OF NEW CONSTRUCTION BRICK / CMU TRANSITION 228 Midland Avenue Post Office Box 529 KAWNEER WINDOW Basalt, Colorado 81621 SYSTEM 970-927-4925 fax 970-927-8578 ~ ~ ~ "yoffice@ccyarch,tects com 514 E. Hyman Ave THIRD I FLOOR I ORIGINAL BRICK 0 SECOND I 7[aER--1-Â·-- ASPEN. CO DATEÂ· FIEST _-1 02.19,13 FLOOR 1 DRAWN BY: AK ' CHECKEDBY: jC EXISTING CMU F R WIN W 4. 11 1 TO BE PAINTED TO SET BEHIND PERFORATED PROJECT NUMBER MATCH ORIGINAL BRICK SIDING 11129 k..Ji,+4- 1 514 E HYMAN AVE .Er.1 -"r EL 64 b ~ 7~ -P-*Â«=P 6.1,/- +4,Â»1* d ISSUE. HPC Final Submission .bE-re. d o AS VIEWED FROM THE 1/- 6/. 771- A 1 A- W-6-06- AVE- ELKS BUILDING ALLEY REVISIONS. PROPOSED WEST ELEVATION @ 1/8" Â¥ 0 14,80'4%7 k. --- EL 15,5 - 51 7 - A 2%2.t**If*' u III_ _ _~ -2:>NE IN| Pll-46Â£ 1 T O. <ZZANNE 4 --- .NENe'~-~E~-~"-~G~~OC~-~~ ~1M~j-5M~~fE~ - L. ' i .- 0,4 1 6==ZE__~ 09Â».. - k i EX}ST-IkE. 12' CLECK- Jit,rrrT":"Mi"Mil'zi,Rilti'"ir~'lima#*-W--|~~* *.PCN. 1 k /.===-=-1/1/5//5**9211 Zi=3,-r-=:e~=E=.=al TO MAN FLOCK A -JII~ . EL. 100,-O. 7 1 - 1 42Â·14 127 eLOCC-Â· - -1.-- .- 1 1 11'l 9= =7=12-LILI_LIL-IZLILT==----------------------- EL- 90 - 01 7 -7 0. 2.AS,ah/EVE 1 V~/EST 1/8.1-0 CURRENT VIEW FROM ALLEY ORIGINAL, WEST MOLNY ELEVATION @ 1/8" West Elevation NORTH AND WEST ELEVATIONS SCALE A4.3 OTTLE 'ARRY'WA~L 'ITECT. LID . . . 0 .. PAINTU.ME-TALGUARQRALL_____~ 228 Midland Avenue AS REQUIRED BY CODE Post Office Box 529 RE ROOF PLAN FOR SETBACKS FROM ROOF EDGE Basalt. Colorado 81621 970-927-4925 ELEVATOR OVER RUN tax 970-927-8578 GRAY TONE INDICATES ccyoffice@ccyarchltects com WINDOWS SET BEHIND VERTICAL SIEMNG 514 E. Hyman PERFORATED SIDING - Ave 11. 1 8 H 1 11 T1 -M TO BE PAENTED TO ' 1 IlL MATCH ORIGINAL BRICK) # 88 8 IgmE T 1 8 B N 410'4 -I /1111 .Ntâ€¢p~< 9, 1 0 * ASPEN. CO HIGH TRANSOM WINDOW -- DATE: SET BEHIND PERFORATED - f 1.11 ' 0219.13 Â» /3 DRAWN BY: AK ~ Â· CHECKED BY â€¢ Â· Â·Â· je 1 - 1 . PROJECTNUMBER. 11129 I . .. ISSUE - r HPC Final Submission - 4 REVISIONS PROPOSED NORTH ELEVATION @ 1/8" I O JOST 0 T O WIEZZAN,h.Ja me- lit>~ -S# ENS>â€¢IC- (22/K riald =P Nt. Die 729 %12,Â·AAIN U3Â£ IN,D EDue,rT -7 0 ...â€¢.4.4 8.-AX *I - 1 -~ 42-DE ALLEY G EL. 97'-41' 1 7- 0. 214<Gh,16,â€¢IT ~ -4.. ./#. - EL- 010'-OM T NORTH ' Adv -Ii- . 4/13.1-0 7,29/ 11- -r. - .9 J. ..: t=.... / 1.-7 J - North Elevation 922,*10- '01 14 ajy WI.i.V, 4- ORIGINAL MOLNY NORTH ELEVATION @ 1/8"- -- CURRENT VIEW OF ALLEY SCALE FROM EAST- A4.4 COTT.E LA~w AV. ARCHITECT~ l TE CCY ARCHITECTS 228 Midland Avenue Post Office 80* 529 Basin, Colorado 81621 970-927-4925 fax 970-927-8578 ccyoff,ce@coyarch,tects com 514 E. Hyman Ave Elevator Over Run (Beyondi Paint/rl Metal Guardrail Re Roof Plan 1 ASPEN, CO 00 - O- Approved Height Verlâ€¢cal Siding DATE: 02.19.13 Dashed Line Indicates Prome of 1 DRAWN BY. Neâ€¢ghboring Building to the Easl 1 ~DIrd Floor AK Etructure Fire Rated JC 1 E xist,ng CMU : CHECKED BYÂ· 49 1 PROJECT NUMBER: 1 To Rern,an 11129 ~Second F loor ISSUEÂ· HPC Final Submission UN 1 REVISIONS 11Vt.n Level Hyman Ave. Sâ€¢dewalk PIntr ADA Plantef Pamp.4 PL Handrails EAST ELEVATION @ 1/8" East Elevation SCALE I 0 O CCY ARCHITECTS 228 Midland Avenue Post Office Box 529 Basalt. Colorado 81621 970-927-4925 ' fax 970-927-8578 coyoffice@ccyarchitects com 514 E. Hyman Ave ASPEN, CO DATE: 11.22.11 DRAWN BY: Author - CHECKED BY, | Checker ~.0 -Â·'*Il.Aw PROJECT NUMBERÂ· ..r .~ ~' ~6. - 11129 . ISSUE: ' HPC Conceptual A. Submission / Schematic Design REVISIONS HPC Final Submission 12.1512 I, i it Â· Â· tz :4 â€¢ r M *41, , +Te . . b 11Â·12Â·4.. 4 ' CURRENT VIEW FROM SOUTH EAST PROPOSED VIEW FROM SOUTH EAST MASSING SIMULATION SCALE r T'LE CARR :Ae. ARCHITE' ' 0 O CCY ARCHITECTS k 228 kmand Avenue Post Omce Box 529 970-9274925 Basalt Colorad< 81621 tax 970-927-8578 ccyofnce@ccyarct-cts corn 0 .*'.'87......-- 10. 514 E. Hyman Ave 1 1 - .2- f 1 .0. 51.. 1 0- Ce./.sÂ·. 41 08. ASPEN. CO DATE 11 2211 DRAWN BY Â·~Â· ~ Author CHECKED BY Checker PROJECT NUMBER 11129 r ISSUE HPC Conceptual Submiss,on / Schematic Des,gn REVISIONS HPC Final Submission 121512 VIEW FROM SOUTH EAST 4.. . .:17}NU.1.7Â» . ... 1 , 1 - 1 1 . . Perspective Views of Proposed SCALE VIEW FROM CORNER OF VIEW FROM SOUTH - A6.2 HYMAN AVE. & GALENA ST. ACCROSS HYMAN AVE. RECEIVED HAAS LAND PLANNING, 201 N. MILL STREET, SUITE 108- ASPEN, CO 81611 - (970) 925-7819 -MITC WA~ EN MENT To: Mayor and City Council Thru: Amy Guthrie Date: March 26, 2013 _~ Subject: Amendment of Ordinance No. 6 (Series of 2012) regarding the Negotiated AspenModern Landmark Designation of 514 East Hyman Avenue Section I: Introduction In November of 2011, the then owner of the subject property submitted an application proposing restoration of the building's original Robin Molny design along with assurances as to its preservation through AspenModern Landmark Designation in exchange for certain land use entitlements. The restoration and remodel was approved to include commercial use along with a third-floor residential penthouse addition set fifteen feet back from the restored historic fagade. Pursuant to Resolution No. 3, Series of 2012, the Historic Preservation Commission (HPC) approved Conceptual Major Development and Conceptual Commercial Design Review and made a recommendation of approval for Historic Landmark Designation to City Council. Pursuant to Ordinance No. 6, Series of 2012, Council approved the Landmark Designation as well as certain benefits requested by the applicant through the AspenModern negotiation. On March 26, 2012, the Coldwell Banker-MasonMorse Building at 514 East Hyman Avenue was officially designated a historic landmark through the AspenModern negotiation process with the City Council's unanimous approval of Ordinance Number 6, Series of 2012. In exchange for agreeing to so designate the property and complete an exemplary restoration of Molny's "Gargoyle Building," City Council granted the then applicant development approvals along with the following modest benefits outlined in Section 2 of said Ordinance, which remains vested and in full force through March of 2017: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves removal and rendering null and void the 1980 Basement Restriction Agreement in favor or underlying zoning compliance, and allowable Free-Market Residential FAR of 0.88: 1 (as compared to the 0.5: 1 allowed byright). The Conceptual approvals from the HPC and negotiated AspenModern land use approvals from the City Council contemplated commercial use on the basement level, the ground floor and part of the second floor, with a residential penthouse unit occupying the front portion of the second floor and the entire third floor. 514 E. Hyman Avenue AspenModern Amendment (PID 2737-182-13-002) Page 1 &998,il,tif,-iNTRY However, while an application to the HPC for Final Major Development and Final Commercial Design Review was pending, the property sold to 514 AH LLC, whose Manager is Brooke Peterson. The new ownership group amended the design slightly before obtaining HPC's unanimous approvals. All of the approvals are discussed below and copies of the approval documents are provided herewith. The following changes were proposed by the current owner/applicant and have been approved by the HPC to facilitate and accommodate the efficient use of the entire building by one company for purely commercial purposes. Very little has changed with regard to the building exterior since the Conceptual approvals, but the recently granted Final approvals from the HPC include changes to a few details on the third floor roofscape, the garage area on the rear of the structure changed to an on-site utility/trash/recycle area, and the two front doors on Hyman Avenue have been eliminated in favor of a more exact restoration of the original Molny design with just one historically accurate main entrance location. In addition, the entry plaza has been simplified and redesigned to provide greater consistency with Molny's original design. The recently obtained Final approvals from the HPC are based on the understanding that the applicant must, and is now hereby separately requesting approvals from the City Council to amend the approved AspenModern negotiation to enable the purely commercial use of the property. With approval of this request, the City will still have received landmark designation, commitment to an exemplary restoration effort a design that everyone has seemingly been quite happy with, and the elimination of an approved downtown residential penthouse unit that required the award of more floor area than was allowed by Code for the use but no employee housing mitigation whatsoever. Section II: The Proposal Pursuant to Code Section 26.415.025(C)(1), the submittal of this AspenModern application initiates a negotiation period of up to ninety days (but hopefully less given the very limited scope of the request). The City Council or the applicant may choose to terminate the negotiations at any time. The goal of the negotiation period is described in the Code as reaching a mutually acceptable agreement. AspenModern is a program adopted by the City of Aspen to address, through negotiation of incentives for designation, the negative impacts that the loss of landmark eligible buildings would have on the health, peace, safety, and general well being of the residents and visitors of Aspen, and the diminishment of Aspen's unique architectural character, livability, and attractiveness as a destination. Pursuant to this goal, the HPC has granted conceptual and final 514 E. Hyman Avenue AspenModern Amendment (PID 2737-182-13-002) Page 2 , development approvals for the 514 East Hyman Avenue property, and City Council has granted development approvals with benefits/incentives in exchange for the property being landmark designated. The adopted Code provisions provided at Section 26.415.025(C) state that "When any benefits that are not included in Section 26.415.110 are requested by the property owner, the HPC [and, subsequently, City Council] shall also evaluate how the designation, and any development that is concurrently proposed, meets the policy objectives for the historic preseruation program..." [emphasis added]. Given that all of the aforementioned approvals have been granted, and with unanimous votes at the City Council and Final HPC hearings, clearly Council and the HPC have determined that the designation and associated development meets the policy objectives of the historic preservation program. One of the benefits not included in Code Section 26.415.110 but which Council approved was the award of additional free-market residential floor area beyond that provided by zoning to accommodate development of a second- and third- floor penthouse unit. Since the time Council approved Ordinance No. 6, Series of 2012, the City amended the Code to limit building heights in the Commercial Core (CC) Zone District to just two stories and 28 feet, with third floors possible only to house lodging use. In other words, the CC zone district no longer allows free-market residential use at all, much less on a third floor. Notwithstanding this change, the approvals granted pursuant to Ordinance No. 6 remain vested and in full force through March of 2017, allowing development of 2,640 square feet of free-market residential floor area (where only 1,500sf were otherwise allowed) to accommodate a third floor penthouse unit without any associated employee housing mitigation requirement. The new owners of the property would prefer to eliminate the free-market residential use altogether and, in doing so, simultaneously forfeit the 2,640 square feet of free-market residential floor area that was approved and remains vested. While the recently adopted code amendments allow only lodge uses on third floors, the applicant seeks to amend Ordinance No. 6 only to allow the entire approved building to be used for commercial/ office purposes. The proposal will include a total of approximately 5,485 square feet of commercial Floor Area while the CC Zone District allows up to 6,000 square feet of commercial Floor Area. As such, no Floor Area-related incentives remain necessary. No other changes to the approval are requested and, it is hoped that the City Council will prefer commercial/ office use to the approved penthouse use enough to allow this change in a mutually acceptable manner, which from the applicanfs perspective means without seeking to impose any additional, associated requirements. 514 E. Hyman Avenue AspenModern Amendment (PID 2737-182-13-002) Page 3 f. . Replacing the approved free-market residential penthouse use in favor of commercial/office use seems to forward many City goals while eliminating a host of concerns associated with penthouses located above commercial spaces. For example, by eliminating the penthouse space from the front portion of the second floor and the entire third floor, these spaces will be in active use day-in and day-out throughout the year. In addition, there would no longer be any reason to fear that covenants or restrictions would be enacted to protect a free- market residential buyer/ owner from having in the building a restaurant night club, or similar use that might add to the vitality of this downtown location. Upon completion of these entitlements, the applicant will work with the Community Development Department to obtain all necessary Growth Management approvals pursuant to Code Section 26.470.060(4), Minor Enlargement of an Historic Landmark for Commercial, Lodge or Mixed-Use Development. To wit Section 26.470.060 of the Code provides that the Community Development Director (CDD) has the ability to approve, approve with conditions, or deny certain Growth Management applications. Subsection (4) thereof allows for the approval of a minor enlargement of a Historic Landmark for commercial, lodge or mixed-use development provided that the following criteria are met: a. If the development increases either floor area or net leasable space/lodge units, but not both, then no employee mitigation shall be required. b. If the development increases both floor area and net leasable space/lodge units, up to four (4) employees generated by the additional commercial/lodge shall not require the provision of affordable housing. An expansion generating more than four (4) employees shall not qualify for this administrative approval and shall be reviewed pursuant to Paragraph 26.470.070.1. c. No more than one (1)free-market residence is created. This shall be cumulative and shall include administrative GMQS approvals granted prior to the adoption of Ordinance No. 14, Series of 2007. The existing net leasable area is approximately 6,250 square feet and the proposal will increase this to approximately 7,617 square feet for a total increase of approximately 1,367 net leasable square feet. Simultaneously, some 1,917 square feet of approved free-market residential net livable area will be eliminated. The current proposal for only commercial use of the building includes a total Floor Area of approximately 5,485 square feet while the approval granted under Ordinance No. 6 (Series of 2012) allowed for a total Floor Area of 5,771 square feet. In other words, the Floor Area will decrease by some 286 square feet as a result of this amendment. In the end, therefore, the development increases net leasable space, eliminates approved free-market net livable space, and decreases the cumulative Floor 1, Area. Accordingly, pursuant to subsection a, above, no employee mitigation is 514 E. Hyman Avenue AspenModern Amendment (PID 2737-182-13-002) Page 4. . required. Furthermore, not even one free-market residence will be created by the proposed development. Therefore, this proposal satisfies the criteria for approval as a minor enlargement of a Historic Landmark and should be approved by the Community Development Director. It is hoped that the information provided herein proves helpful in the review and approval of this exceptional project and exemplary preservation effort. If you should have any questions or desire any additional information, please do not hesitate to contact me. Truly yours, Haas Land Planning, LLC 413(- *- -- Mitch Haas Owner/Manager Attachments: â€¢ Vicinity Map o Copies of related approval documents â€¢ Plans Set â€¢ Pre-Application Conference Summary â€¢ Signed Fee Agreement with Payment â€¢ Authorization Letter e Warranty Deed/Proof of Ownership CC: Brooke Peterson, Manager, 514 AH LLC 514 E. Hyman Avenue AspenModern Amendment (PID 2737-182-13-002) Page 5 VICINITY MAP 514 EAST HYMAN AVENUE - 100 mr .; - I 300 1~ 1,821 2 __ (Aspen 9 IC.lk"OS '44Â·e E E Aye,'G St E El. 9 Pae:ocke Park 03 1Â·ekers, 0.514 IS .1 C ./ 0 0 (821 - co e .- IÂ·b' 1 Â·4> rnal, 4.-0 0 , " 4' 8,1,- Herron rO CO .- â€¢- c, r>:an Ave C.i â‚¬ '41.04.- '41? - A b... CÂ» 4 1 1 Kocn ~y"al .le m E Ca,per Ave El. Lumber 1 ~ ne Park Wagner 6 '41 fl 15 al I 'C..... 11,- Pank 6 â€ž2, 4.7 7 = fE .-- - S . 9 In :9 - 0 CO . 12 0â€ž-,9,4 AL, e 1-6Â© '' E (30Â»21 S I 0 & P 2 2 8 - e G. ./ 0 - Durs . : - 1*/'--2 Ing - r 1 4% ,,rl .. (I 6 9 - 1 ,1 1 0,1 2 92 - 1 00 7 11....6.9,3 4 4 2 ... 3,0 t> 4 94. '9 0 mapquest e 4 *2011 Mal,Quest Pottions Â®2011 NAVTEQ bit I E-1 1. ' 41 '11)UN~ 1Â·921?l 7 9 !1311,110 ORDINANCE #6 (Series of 2012) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING HISTORIC LANDMARK DESIGNATION AND BENEFITS THROUGH THE ASPENMODERN PROGRAM FOR THE PROPERTY LOCATED AT 514 E. HYMAN AVENUE, LOT N, BLOCK 94, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID NUMBER: 2737-182-13-002 WHEREAS, the applicant,. Mason and Morse, Inc., represented by Haas Land Planning and CCY Architects, submitted an application on November 29, 2011, pursuanf to Section 26.415.025(C), AspenModern Properties, of the Aspen Municipal Code, to voluntarily participate in the AspenModern ninety-day negotiation period for the properties located at 514 E. Hyman Avenue, Lot N, Block 94, City and Townsite of Aspen; and .- WHEREAS, pursuant to Â§26.415.025.CO), the ninety-day AspenModem negotiation - commenced on November 29,2011; and ' WHEREAS, Â§26.415.025.CO)(b) states that, during the negotiation period, "the Community Development Director shall confer with the Historic Preservation Commission, during a public meeting, regarding the proposed building permit and the nature of the property. The property owner shall be provided notice of this meeting;" and WHEREAS, the property owners' representative met with the Historic Preservation Commission (the HPC) on January 25,2012; and WHEREAS, at their regular meeting on January 25, 2012, the HPC considered the application; found that 514 E. Hyman Avenue is a "best" example of the Modern style in Aspen evaluated the designation and proposed development; and, found that the policy obj ectives for the historic preservation program stated at Â§26.415.010, Purpose and Intent are met, and recommended City. Council ("Council") approval of Historic Landmark Designation; and WHEREAS, Â§26.415.025.CO)(d), states that, during the negotiation period, "council may negotiate directly with the property owner or may choose to direct the Community Development Director, or other City staff as necessary, to negotiate with the property owner to reach a mutually acceptable agreement for the designation of the property"; and WHEREAS, Â§26.415.025.C(1)d establishes that "as part of the mutually acceptable agreement, the City Council may, at its sole discretion, approve any land use entitlement or fee waiver permitted by the Municipal Code and may award any approval that is assigned to another Board or Commission, including variations;"and 514 E. Hyman Avenue Ordinance #6, Series of 2012 Page 1 of 4 '' WHEREAS, in addition to Historic Landmark Designation and benefits available to all Landmarked properties subject to the Aspen Municipal Code, the applicant has identified preservation incentives that are requested as part of the AspenModern negotiation process. Those incentives include: .? 1. Removal and rendering null and void the 1980 Basement Restriction Agreement in favor of underlying zoning compliance; 2. An allowable Free-Market Residential FAR of 0.88:1 (as compared to the 0.5:1 allowed by right); and 3. Ten (10) years of vested property rights. WHEREAS, the Community Development Department performed an analysis of the application ) for Landmark Designation and found that the review standards are met. The staff report analyzed the proposed preservation incentives and monetary value of the benefits where possible; and WHEREAS, the City Council finds that the proposal meets or exceeds all applicable development standards and that the approval of the development proposal 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 ofpublic health, safety, and welfare. ~ NOW, THEREFORE, BE IT RESOLVED By THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AS FOLLOWS: Section 1: Historic Landmark Designation Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves Historic Designation for 514 E. Hyman Avenue, Lot N, Block 94, City and Townsite of Aspen subject to the conditions described herein. Upon the effective date of this ordinance, the City Clerk shall r'ecord with the real estate records of the Clerk and Recorder of the County, a certified copy of this ordinance. The location of the historic landmark property designated by this ordinance shall be indicated on the official maps of the City that are maintained by the Community Development Department. Section 2: Aspen Modern Negotiation Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves removal and rendering null and void the 1980 Basement Restriction Agreement in favor of underlying zoning compliance, and an allowable Free-Market Â· Residential FAR of 0.88:1 (as compared to the 0.5:1 allowed by right). Section 3: Vested Rights The development approvals granted herein shall constitute a site-specific development plan and a vested property right attaching to and running with the Subject Property and shall confer upon the 0 514 E. Hyman Avenue Ordinance #6, Series of 2012 Page 2 of 4 Applicant the right to undertake and complete the site specific development plan and use of said property under the terms and conditions of the site specific development plan includihg any approved amendments thereto. The vesting period of these vested property rights shall be for five (5) years which shall not begin to run until the date of the publications required to be made as set forth below. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreemen~s required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the developmdnt order void within the meaning of Â§ 26.104.050, Void Permits. Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to Chapter 26.308, Vested Property Rights. Pursuant to Â§ 26.304.070(A), Development Orders, such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of five (5) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 514 E. Hyman Avenue, Lot N, Block 94, City and Townsite of Aspen. Nothing in this approval shall exempt the Development Order from subsequent reviews and approvals required by this Ordinance of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this Ordinance. The vested rights granted hereby shall be subject to all rights of referendum and judicial review. The period of time permitted by law to exercise the right of referendum to refer to the electorate this Section of this Ordinance granting vested rights; or, to seek judicial review of thâ‚¬ grant of vested rights shall not begin to run until the date of publication ofthe notice of final development approval as set forth above. The rights of referendum described herein shall be no greater than those set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 4: 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 Historic Preservation 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. 514 E. Hyman Avenue Ordinance #6, Series of 2012 , Page 3 of 4 ' 0 Section 5: ~ 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 6: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereoÂ£ The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office.ofthe Pitkin County Clerk and Recorder. Section 7: A public hearing on' this ordinance shall be held on the 12th day o f March, 2012, at a meeting of the Aspen City Council commencing at 5:00 pm in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum o f fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 13'h day ofFebruary, 2012. 4Yl<*44 H.9 -It Michael C. Ireland, Mayor AT]*ST:_ 1 i <LLAULÂ·L*1 -DF'~~'*'~-;'1- A Kathryn Koch~itf.Clerk FINALLY, adopted, passed and approved this 2.~7 day of/UMâ‚¬012. 10 44(444 â‚¬- Michael C. Ireland, MAyor ATO*ST: Ul.810*AL 'Kathryn Koch0% Cirk APPROVED AS TO FORM: ~es R. True, City Attorney 514 E. Hyman Avenue Ordinance #6, Series of2012 Page 4 of 4 A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION RECOMMENDING THE ASPEN CITY COUNCIL APPROVE HISTORIC LANDMARK DESIGNATION OF THE PROPERTY LOCATED AT 514 E. HYMAN AVENUE, LOT N, BLOCK 94, CITY AND TOWNSITE OF ASPEN, COLORADO THROUGH THE ASPENMODERN PROGRAM, AND APPROVING CONCEPTUAL MAJOR DEVELOPMENT AND COMMERCIAL DESIGN STANDARDS REVIEW RESOLUTION # 3, SERIES OF 2012 PARCEL ID: 2737-182-13-002 WHEREAS, the applicant, Mason and Morse, Inc., represented by Haas Land Planning and CCY Architects, submitted a letter dated November 29, 2011 requesting that the property located at 514 E. Hyman Avenue, Lot N, Block 94, City and Townsite of Aspen be considered for voluntary historic designation in exchange for specific benefits through the AspenModern negotiation; and WHEREAS, the 90 day AspenModem negotiation commenced on November 29,2011; and WHEREAS, the property is located within the designated boundaries of the Commercial Core Historic District as described in City Council Ordinance number 49, Series of 1974; and WHEREAS, the applicant also requested HPC Major Development (Conceptual) and Commercial Design Review (Conceptual) approval; 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 Commercial, Lodging, and Historic District Objectives and Guidelines per Section 26.412.040 of the Municipal Code. 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 RECEPTION#: 586585, 02/09/2012 at 10:06:12 AM, 1 OF 3, R $21.00 Doc Code RESOLUTION 514 E. Hyman Avenue - AspenModern Janice K. Vos Caudill, Pitkin County, CO HPC Resolution #3, Series of2012 WHEREAS, Amy Guthrie, in her staff report to HPC dated January 25, 2012, performed an analysis of the application based on the standards, found that the review standards had been met, determined that the property meets the criteria for designation and the integrity score qualifies as the "besf' category of historic resources, and recommended approval of the project with conditions; and WHEREAS, at their regular meeting on January 25, 2012, the Historic Preservation Commission considered the application during a duly noticed public hearing, the staff memo and recommendation, and public comments, and found the building to be consistent with the designation criteria by a vote of 4 to 1. NOW, THEREFORE, BE IT RESOLVED: That HPC hereby finds that the property located at 514 E. Hyman Avenue, Lot N, Block 94, City and Townsite of Aspen, meets the designation criteria of Land Use Code Section 26.415.030.C.1 and Land Use Code Section 26.415.010 Purpose and Intent, and recommends Aspen City Council negotiate for landmark designation. HPC finds that 514 E. Hyman Avenue is a "best" example of the Modern architecture. HPC hereby grants HPC Major Development (Conceptual) and Commercial Design Review (Conceptual) approval. These recommendations and approvals are granted with the following conditions: 1. A height variation to 40' is granted for the new addition. 2. The applicant shall provide additional explanation of how proper trash/utility/service area is accommodated. 3. HPC supports the negotiation request for removal of a previously established restriction on the use ofbasement space in the building. 4. HPC does not support the negotiation request for 10 years of vested rights. 5. HPC recommends the FAR of the residential unit be reduced from the amount requested through negotiation. 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 25th day of January, 2012. . 4, hbz/L Ann Mullins, Chair 514 E. Hyman Avenue - AspenModern HPC Resolution #3, Series of 2012 .. WHEREAS, Amy Guthrie, in her staff report to HPC dated January 25, 2012, performed an analysis of the application based on the standards, found that the review standards had been met, determined that the property meets the criteria for designation and the integrity score qualifies as the "best" category of historic resources, and recommended approval of the project with conditions; and WHEREAS, at their regular meeting on January 25, 2012, the Historic Preservation Commission considered the application during a duly noticed public hearing, the staff memo and recommendation, and public comments, and found the building to be consistent with the designation criteria by a vote of 4 to 1, NOW, THEREFORE, BE IT RESOLVED: That HPC hereby finds that the property located at 514 E. Hyman Avenue, Lot N, Block 94, City and Townsite ofAspen, meets the designation criteria of Land Use Code Section 26.415.030.C.1 and Land Use Code Section 26.415.010 Purpose and Intent, and recommends Aspen City Council negotiate for landmark designation. HPC finds that 514 E. Hyman Avenue is a "best" example of the Modem architecture. HPC hereby grants HPC Major Development (Conceptual) and Commercial Design Review (Conceptual) approval. These recommendations and approvals are granted with the following conditions: 1. A height variation to 40' is granted for the new addition. 2. The applicant shall provide additional explanation of how proper trash/utility/service area is accommodated. 3. HPC supports the negotiation request for removal of a previously established restriction on the use ofbasement space in the building. 4. HPC does not support the negotiation request for 10 years of vested rights. 5. HPC recommends the FAR of the residential unit be reduced from the amount requested through negotiation. 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 25th day of January, 2012. &-*-& 6< fÂ»==Â«sr-Â·-Â£r---'. COF Ann Mullins, Chair 514 E. Hyman Avenue -AspenModem HPC Resolution #3, Series of 2012 Approved as to Form: ~im True, Special Counsel ATTEST: Al- rit A ~--- - A , A k 4*CAA--JU Kathy Stricl~la*d, Chief Deputy Clerk 514 E. Hyman Avenue - AspenModern HPC Resolution #3, Series of 2012 RECEIVED I . 1 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY MAR 2 6 7013 CITY OP.ASPEN PLANNER: Amy Guthrie, 970.429.2758 DATJÂ©MI@j##Yl#VELOPMENT PROJECT: 514 E. Hyman Avenue, Lot N, Block 94 REPRESENTATIVE: Mitch Haas, Haas Land Planning OWNER: 514 AH, LLC DESCRIPTION: 514 E. Hyman is a mixed use building, constructed in 1971. In early 2012, Conceptual design approval, voluntary historic landmark designation, and historic preservation incentives were granted through the AspenModern program. HPC approved Resolution #3, Series of 2012 and City Council approved Ordinance #6, Series of 2012. Special preservation incentives awarded by Council were: â€¢ Voiding of a 1980 zoning/building restriction on the use of the basement in favor of underlying zoning compliance. â€¢ An allowable Free-Market Residential FAR of 0.88:1 (as compared to the 0.5:1 allowed by right). â€¢ Five years of Vested Rights. The Community Development Director also prepared a draft GMQS exemption for one free market unit added to a landmarked building. The exemption was not executed as Planning Staff was informed in January 2013 that the property sold and the new owner wished to change the program of the third floor addition from residential to commercial. On February 27, 2013, HPC granted Final design approval through Resolution #4, Series of 2013. HPC approved a waiver of the requirement for one on-site parking space generated by the new commercial space, and a waiver of the cash-in-lieu fee that would otherwise be required. HPC also approved a minor modification to the dimensions of the required utilities/trash/recycling area. The proposal to increase office space must return to City Council for an amendment to Ordinance #6, Series of 2012. The project no longer needs an increase in free market floor area. Instead, the project needs a different Growth Management exemption, which is waiver of affordable housing mitigation for the first four employees generated by an expansion of net leasable space. The applicant must request Council remove the residential floor area incentive and accept the commercial Growth Management exemption and the parking waiver needed for the revised proposal. Council cannot revoke the approved Ordinance. Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 26.415.025.C AspenModern 26.470.060.4 Administrative Growth Management, Minor Enlargement of an Historic Landmark for Commercial, Lodge or Mixed Use Development Land Use Code (including all code sections cited above): http://www. aspen pitki n.com/Departments/Com m unity-DevelopmenUPIan ning-and-Zoni ng/Title-26- Land-Use-Code/ HPC application: http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20andÂ°/020Fees/2011%20H istoric%20 L and%20Use%20App%20Form.pdf y , 4- / ~ Review by: Staff for completeness, Council for determination Public Hearing: Yes, at Council Second Reading Referral Agencies: Housing Planning Fees: $1,950 for 6 billable hours (additional or less billable hours are at $325 per hour) Referral Agency Fees: $975. Total Deposit: $2,925. To apply, please submit 1 copy of: Â£ Signed fee agreement with payment. Â£ Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. Â£ Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. And 12 copies of: Il An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. Â¤ Scaled elevations and/or drawings of the proposed work and its relationship to the designated historic buildings, structures, sites and features within its vicinity. 0 An accurate representation of all building materials and finishes to be used in the development. 0 Photographs and other exhibits, as needed, to accurately depict location, extent and design of proposed work. Â¤ A written description of the proposal and an explanation of how the proposed development, and any requested variances or bonuses, complies with the review standards and design guidelines relevant to the application. Applicants are advised that building plans will be required to meet the International Building Code as adopted by the City of Aspen, the Federal Fair Housing Act, and CRS 9.5.112. Please make sure that your application submittal addresses these building-related and accessibility regulations. You may contact the Building Department at 920-5090 for additional information. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. I . Review by: Staff for completeness, Council for determination Public Hearing: Yes, at Council Second Reading Referral Agencies: Housing Planning Fees: $1,950 for 6 billable hours (additional or less billable hours are at $325 per hour) Referral Agency Fees: $975. Total Deposit: $2,925. To apply, please submit 1 copy of: E Signed fee agreement with payment. Il Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. El Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. And 12 copies of: Il An 8 1/2" by 11"vicinity map locating the parcel within the City of Aspen. Il Scaled elevations and/or drawings of the proposed work and its relationship to the designated historic buildings, structures, sites and features within its vicinity. E An accurate representation of all building materials and finishes to be used in the development. 01 Photographs and other exhibits, as needed, to accurately depict location, extent and design of proposed work. O A written description of the proposal and an explanation of how the proposed development, and any requested variances or bonuses, complies with the review standards and design guidelines relevant to the application. Applicants are advised that building plans will be required to meet the International Building Code as adopted by the City of Aspen, the Federal Fair Housing Act, and CRS 9.5.112. Please make sure that your application submittal addresses these building-related and accessibility regulations. You may contact the Building Department at 920-5090 for additional information. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. Dear Amy: As promised, here are the basic numbers for the 514 E. Hyman Avenue project based on conversion to 100% commercial use for a single tenant. EXISTING NET LEASABLE: â€¢ Ground Floor: 1,944sf â€¢ Lower Floor: 2.375sf â€¢ Upper Floor: 1,931 sf â€¢ TOTAL: 6,250sf PROPOSED NET LEASABLE: â€¢ Ground Floor: 1,743sf â€¢ Lower Floor: 2,364sf â€¢ Second Floor: 1,914sf â€¢ Third Floor: 1,596sf â€¢ TOTAL: 7,617sf EXISTING FTE GENERATION: â€¢ Ground Floor: 1.944 x 4.1 = 7.97 FTE â€¢ Other Floors: 4.306 x 3.075 = 13.24 â€¢ TOTAL FET GENERATION: 21.21 FTE PROPOSED FTE GENERATION: â€¢ Ground Floor: 1.743 x 4.1 = 7.15 FTE â€¢ Other Floors: 5.874 x 3.075 = 18.06 FTE â€¢ TOTAL FTE GENERATION: 25.21 FTE NET ADDITIONAL FTE GENERATION: â€¢ 25.21 - 21.21 = 4.0 FTE We are hoping that the Code will be followed and that the Community Development Director , (Chris) will simply issue the Growth Management approval for this already landmark designated property pursuant to Code Section 26.470.060(4) since the proposal increases the net leasable area but not the approved Floor Area of the project. Otherwise, it can be kicked to the HPC (pursuant to Code Section 26.304.060(B)(1), Combined Reviews) for their review and approval under Section 26.470.070(1)(a). Either way, the Code language clearly stipulates no mitigation is required for the first 4 FTE generated. It is our hope that this straightforward Code language can be relied upon and that this issue will not be brought to the City Council as something they 2 ought to be considering. While these 4 FTE require no mitigation, tne City will still have received landmark designation, commitment to an excellent restoration effort, a design that everyone has seemingly been quite happy with, and the elimination of an approved downtown residential penthouse unit that was requiring no mitigation at all. Next, the total gain in net leasable area is 1,367sf, which means we are asking the HPC to waive the requirement of providing 1.367 off-street parking spaces; if this is not waived by the HPC, payment of cash-in-lieu will be made, as allowed by right (no approval required). Having it waived requires an approval from the HPC, not Council, as the property is already landmark designated. Finally, it turns out we do need to vary the Utility/Trash/Recycle (U/T/R) area requirements but only with regard to layout/configuration, not with regard to total area. That is, this 3,000sf lot requires a U/T/R area that measures 15'W x 10'D (150sf). We are providing an area that measures approximately 13.75'W x 13.6'D (head height will exceed the 10' requirement), for a total area of approximately 187sf. With a property that measures only 30' wide in total, we simply weren't able to provide the 15' width for the U/T/R area while also meeting our building egress requirements. We have not counted the exterior access into the U/T/R area as that coincides with the rear egress from the building, but it does further serve the functionality of the U/T/R areaAs such, we need for the HPC to grant us Special Review approval for varying the U/T/R dimensional standard and configuration. (See attached plans.) In the end, the only thing we feel we should be renegotiating with City Council, under a separate application from this Final HPC application, is the ability to remove the free market residential penthouse and replace it with commercial use/space. It is our hope that everything else will have already been approved by the CDD and/or the HPC by the time we submit the request for City Council renegotiation and have the associated hearing. That should just about cover everything for today. By the way, please do not use the attached plans for any printing or public purposes; they are merely to help you to understand all of the numbers I've tried to explain herein. I will bring you updated complete plan sets on Tuesday and a more formal request letter on Tuesday or Wednesday, if that's alright. By all means, please let me know if you have any questions or need any further clarification. Have a great holiday weekend. Best, Mitch Mitch Haas Haas Land Planning, LLC 201 N. Mill Street, Suite 108 Aspen, CO 81611 Phone: (970) 925-7819 Fax: (970) 925-7395 Email: mitch@hlpaspen.com ,~ Please consider the environment before printing this email Crn,, 1- n -4/'Â· ~ -h/1 .<,h .>,r'-ci, | ib:,rl r' Â· ~''n ,-r- - ~' ,-' %Â¢ r.::rfic ~ r:-Â· ~-4 T al), #y 3 Bj OKE A. PETERSON C. VIA HAND DELIVERY Aspen City Council City of Aspen Gentlemen: I write this letter on behalf of myself and the Souki family, the principals and owners of Ajax Holdings LLC. Ajax Holdings LLC is a privately owned company that was recently formed by the Soukis and I. This entity was formed to participate in investment activities in Aspen, the Roaring Fork Valley and beyond. As many of you know, I have lived in Aspen for over 37 years. Charif Souki, who founded Mezzaluna here in the late Eighties, has been a property owner here most ofthat time and is in the process of building a new home here. Karim Souki spent all of his vacations here while growing up, and has now moved here permanently after completing his college and graduate education in real estate and finance. Finally, Chris Souki was raised and went to high school here before starting his own property management firm here prior to our formation of Ajax Holdings. In other words, we are all "locals" and care deeply for this community. Two of the first acquisitions by the company and its related entities were the Mason and Morse Building and the Business itself, Coldwell Banker Mason and Morse. We acquired the building with the knowledge that during the negotiations for the historic designation of the building, a penthouse residential unit had been approved for the front hal f or so o f the second floor and the entire third floor. While this penthouse unit would certainly be profitable, our intention from day one was to seek an amendment to the existing ordinance to instead allow us to utilize the third floor for our company offices. As ofthis time, our company and its 314 South Galena Street Â· Post Office Box 4068 Â· Aspen, Colorado 81611 Tel: 970-925-2619 Â· Fax: 970-544-0488 related entities already employ in excess of eighty people in the Roaring Fork valley. Our design for the building and its use as a purely commercial space goes even further towards a true historic restoration than the previously approved design by eliminating the second entrance on the ground floor (which was to serve the residential property) as well as a more complete restoration of the plaza to the original Molny design. Of equal importance, and what in part drove our decision, is that we felt that we were doing exactly what Council has legislated and advocated, to wit, eliminating a penthouse unit in favor of more commercial space downtown. Ajax Holdings intends to be in business in the Aspen area for the long term. Its ownership is wholly composed of long time locals with an average length of association with Aspen in excess of 20 years. The benefits to the community of our plan are many, and we respectfully ask for your support in pursuit of our goals. Thank you for your consideration of my thoughts. I will be in attendance at your meeting on Tuesday to answer any questions you may have. 68Â¢ Nt-- Br 0 4-A. Peterson RECEIL - J MA 49 6 7 011 0 1 1. E IENT Agreement to Pay Application Fees An agreement between the City of Aspen ('City') and Property Phone No.: (970) 9251 261 9 Owner ( ,;: 514 A H LLC, Email: bar@ bar-re.com Address of Properly: 514 E 14 man Ave. . Address: Billing PO. Bor 406% AspbA, CO (subject of application) As PEn, Co 8 16 1 1 (send bills here) Â· %161 2 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 properly owner that lam responsible for paying all fees for this development application. For flat fees and referral fees: 1 agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $ 1~~\ flat fee for $ flat fee for $ flat fee for . $ flat fee for For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. 1 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. 1 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 Ihe 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. $19Â£e deposit for SI>(~ hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. deposit for hours 01~*AgiaeeFiag-Â©epeRmentÂ·.Gla:UlmeWWI#me-1+,me-eÂ»eve44*41*pomâ€¢- tea*RAL. 46â‚¬Acy Eeâ‚¬:5 - ,. .. Â·Â· Â·Â· amouotiddlboA,ele#at*$2051,ephee#. City of Aspen: ,Mtriv oder.Uc-Cl Chris Bendon Community Development Director O6mef &6 Kâ‚¬ 1;k-reggo,1 Title MA#AGEZ, 514 All LLC, City Use: Fees Due: $ Received: $ ,+7.- -- _. E ' 31,-*,R.,~nil'*â€¢#11â€¢Ni#*Â°(2596) 9io-3090 RECEPTION#: 596361, 01/22/2013 at 04:20:58 PM, 1 oF 3, R $21.00 DF $630.00 Doc Code WD Documentary Fee $ 630.00 Janice K. Vos Caudill, Pitkin County, CO WARRANTY DEED THIS DEED, made January 22, 2013, Between MASON & MORSE INC., A COLORADO CORPORATION of the County of PITKIN, State of COLORADO, GRANTOR, AND 514 AH LLC, A COLORADO LIMITED LIABILITY COMPANY, GRANTEE whose legal address is : 514 E. HYMAN AVENUE, ASPEN, CO 81611 of the County of PITKIN, State of COLORADO WITNESSETH, That for and iii consideration of the sum of ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the grantor has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey and confirm unto the grantee, its heirs and assigns forever, all the real property together with improvements, if any, situate and lying and being in the County of PITKIN, State of COLORADO, described as follows: LOT N, BLOCK 94, CITY AND TOWNSITE OF ASPEN TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, its heirs and assigns forever. And the Grantor, for its self, its successors and assigns, does covenant, grant, bargain, and agree to and with the Grantee, its successors and assigns, that at the time of the ensealing and delivery of these presents, its 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 those matters as set forth on Exhibit "A" attached hereto and incorporated herein by reference. The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed. 1 -Â·i-r SIGNATURES ON PAGE 2 , ' 4 ~lt 1 B t \~7.92~,3> U,LUL|(-)~jL~L~_~ ~221<3 1.Mp,qi l(Â£04-- 1 SIGNATURE PAGE TO WARRANTY DEED PAGE 2 MASON & MORSE INC., /' q a Colorado sorpora;ion) 1 -/ -Â·- / By: / f [C g / ./ /7('i < (' 1 Title: Authbrized Representative~ STATE OF COLORADO ) SS COUNTY OF PITKIN ) 41 (\ The foregoing instrument was acknowledged before me this.3- day of January, 2013, by Robert Starodoj, Authorized Representative of Mason & Morse, Inc., a Colorado corporation. WITNESS my hand and official seal 1 }t -1 ij-i i my commission expires: . Ncitary Public L' ~ i - 1 4 :- I (- I <55:rÂ·ao....1. .S- 4Â·30Â·' 3 Â·i. 7 9 Â·41, PCT23664W5 EXHIBIT "A" 1. Taxesforthe year 2013, and subsequent years, not yet clue or payable. 2. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59 at Page 66 providing as follows: "That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held Linder existing laws" 3. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Aspen Historic Preservation Commission recorded February 9, 2012 as Reception No. 586585 as Resolution No. 3, Series of 2012. 4. Stairs, facia and building encroachment into alley, planter encroachment on south side of properly and all matters as stated regarding the East and West property lines as disclosed on Survey by Aspen Survey Engineers, Inc. November 2011, Job No. 27072 of subject properly. VICINITY MAP 514 EAST HYMAN AVENUE C d 0 -- f C' E - ~-2 aAspen 61 : A ins Ave E ====31 E,04,0 St E 84Â¥Aer N " Efer,3 A I - 8 - -0 CZ-fei}- 3 S 09 0 cl * fi>man Ave Â£ Hym: 0 22044' Herron '1 Ale \2 park c R 2 5 464 3 W Coom,r Ave a C Koch ~ ~ j E Cooper Ave ~ E Ca>pet Ave --r4'man Ave Lumber E h. Wagner f Park f E Durant Ave anl Ave ~i ' E Hy.. Eve's Way 8 i cj Ea al Juan St E O.â€¢ '1[82- 06 coope' 65 - =15 e 69 0 - #no cT' 15 01'94: ed. 8/78 4 0 â‚¬ Sna,4 st ' ~ 6 65' E Waters A. E Summit St #i ~ ' 19 ts,% 45 . :P,/, e -9 -16,4 11: 84, -3 - mapquest Â» Â®2011 MapQueft regions Â®2011 NAV TEQ S G,7,44â€¢ch s~ ~ A