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Original Application 19-MAY-22
Land Use Application City of Aspen Historic Preservation Commission 20 May 2022 Location: 205 W. Main Street, Aspen, CO (PID# 273512454003) An application for Conceptual Review, including Relocation, Special Review, and GMQS Affordable Housing Credits Planning Representation: Architect: 205 W. Main Street / HPC Major Development (PID# 273512454003) 20 May 2022 Page | 1 TABLE OF CONTENTS Project Overview and Land Use Code Response Attachment 1 - City of Aspen Land Use Application Form and Dimensional Requirements Form Attachment 2 - Vicinity Map and Property Description Attachment 3 - Site Improvement Survey Attachment 4 - Architectural Plans, Renderings, and Schematic Landscape Plan Attachment 5 - Historic Structure Relocation Assessment Attachment 6 - Table of Net Livable Area for Each Dwelling Unit Attachment 7 - Signed Fee Agreement Attachment 8 - Letter Authorizing Representation Attachment 9 - HOA Compliance Form Attachment 10 - Proof of Ownership Attachment 11 - List of Adjacent Property Owners Attachment 12 - Pre-Application Conference Summary, dated 3 February 2022 205 W. Main Street / HPC Major Development (PID# 273512454003) 20 May 2022 Page | 2 PROJECT OVERVIEW This application is submitted on behalf of Conservation Housing Partners LLC (the “Applicant”) for the property located at 205 W Main Street, Aspen, Colorado, PID# 273512454003 (the “Property”). The Property is a 7,500 square foot lot which contains a Victorian era single family home or miner’s cottage with accessory dwelling unit. The home was constructed in 1890 and moved to its current location in 1949 from a location just outside the Aspen Townsite. The Property is zoned Mixed-Use (MU) and has landmark designation. The intent of this application is to create a multi-family affordable housing project with nine (9) deed-restricted units. These units would allow for the generation of City of Aspen Affordable Housing Credits. Multi-family affordable housing is a permitted use in the MU zone district and this location affords exceptional access to the commercial core, adjacent lodging, and public transportation. For this reason, the project will provide well-located and amenity-rich workforce housing. Three (3) of the units would be three-bedroom and the remaining six (6) units would be two-bedroom. The scope of work includes the demolition of a small non-historic addition at the southwest corner of the miner’s cottage and re-positioning on a new foundation at the northeast corner of the Property. A small non-historic shed on the Property would be removed as well. The basement would be expanded to provide additional net livable area. A new detached structure would form an L-shape along the west and south sides of the historic resource with fully compliant setbacks. Seven (7) parking spaces will be provided along the alley, one of which will be a dimensionally appropriate handicapped space. The seven spaces will require cash-in-lieu for 2 spaces to meet the code requirement for parking. Other code requirements, such as setback, height, and separation between buildings are all met by the proposed development. As is permitted by code, Special Review is requested to allow for a 1.1:1 floor area ratio. This would provide an allowable floor area of 8,250 SF. The currently requested floor area for this project is 7,939 SF. The additional floor area does not increase the bulk and massing of the proposed development. Rather, it allows for expanded light wells to subgrade areas, improving the livability of those units with subgrade components. Certain of the units are slightly below the Aspen-Pitkin County Housing Authority size standards for two- and three-bedroom units. Certain units also are slightly greater subgrade than the 50% maximum subgrade requirement. Both of these conditions are illustrated in the accompanying architectural drawings and tables. The Land Use Code allows for variations based on special review approval for these conditions. Key criteria for this special review include the overall livability of the units and the provision of additional external storage. A substantial amount of additional storage is provided consisting of 170 SF allocated to the units on the various levels. Given the proximity to the commercial core and Main Street lodging facilities, we believe that this location is uniquely situated to provide in-town livability for working locals. The restoration and preservation of the historic miner’s cottage at a prominent corner location preserves an important example of Aspen’s historic built environment. The new construction is designed to complement the historic resource through its formal elements and materials. The site will be well-landscaped, with a common patio area. Streetscape improvements along First Street will include the elimination of an informal parking area currently in the City right-of-way and appropriate street tree plantings. Given the urgency for affordable housing in Aspen, the Applicant is requesting that expedited review be provided for this important project. 205 W. Main Street / HPC Major Development (PID# 273512454003) 20 May 2022 Page | 3 LAND USE CODE RESPONSE Sec. 26.304.035. - Neighborhood Outreach (a) Purpose. In order to facilitate citizen participation early in the development review process, the City requires development applications to conduct neighborhood outreach. The purpose of the outreach is to inform neighbors and interested members of the public about the project. The applicant must show a concerted effort to inform neighbors and the public about the application prior to the first public hearing. (b) Applicability. A neighborhood meeting shall be required on any development proposal that is subject to City Council review unless the Community Development Department determines as a part of the pre-application conference that the development proposal is limited in nature. In addition, the Community Development Department may make a determination that neighborhood outreach is required for significant development applications reviewed by the Planning and Zoning Commission or Historic Preservation Commission. It is the Applicant’s intention to provide Neighborhood Outreach and it is understood that such outreach will be required consistent with the terms of this Section. (c) Appropriate forms of public outreach. The applicant must choose to do one (1) or more of the following forms of neighborhood outreach. Community Development Department staff may, as part of the pre-application conference, suggest certain forms of neighborhood outreach that would be most appropriate for a development application. In addition, Community Development Department staff may identify specific aspects of the project or potential impacts of the project that should be addressed as part of the neighborhood outreach. (1) Information meeting. The applicant must hold a neighborhood meeting to gain input from neighbors and citizens. The meeting must be open and accessible to the general public and held in a location in proximity to the proposed development or in a publicly accessible building such as City Hall or the Public Library. The applicant or applicant's representative shall attend the neighborhood meeting and be available to answer questions from the public. The applicant shall be responsible for scheduling and coordinating the neighborhood meeting. Renderings, modeling, or other visual representations of the project within its context is required. The applicant must conduct a minimum level noticing, pursuant to Section 26.304.060(e)(3)c., to ensure the public is aware of the meeting. Additional noticing beyond that called for in Section 26.304.060(e)(3)c. may be provided. (2) On-line meeting. The applicant must conduct an on-line meeting to gain input from neighbors and citizens. The meeting must be open to the general public. The applicant or applicant's representative shall attend the on-line meeting and be available to answer questions from the public. The applicant shall be responsible for scheduling and coordinating the on-line forum. Renderings, modeling, or other visual representations of the project within its context is required. The applicant must conduct a minimum level noticing, pursuant to Section 26.304.060(e)(3)c., to ensure the public is aware of the on-line meeting. Additional noticing beyond that called for in Section 26.304.060(e)(3)c. may be provided. (3) Enhanced public information. The applicant must provide detailed information on the project in the form of a project website, a detailed public notice mailing, etc. that explains the proposal, outlines the review process, provides visual rendering or maps, or any other information that will describe the project in layman's terms. The applicant shall be responsible for coordinating the information. The applicant must conduct a minimum level noticing, pursuant to Section 26.304.060(e)(3)c., to ensure the public is aware of a website, etc. Additional noticing beyond that called for in Section 26.304.060(e)(3)c. may be provided. 205 W. Main Street / HPC Major Development (PID# 273512454003) 20 May 2022 Page | 4 (4) Individual outreach. The applicant must conduct individual or small group meetings with neighbors of the project. The applicant shall be responsible for organizing and attending the meetings. At the meetings, the applicant should provide a summary of the proposal, including basic use-type information, building height, and renderings. (5) Any other form of neighborhood outreach that will provide neighbors a genuine opportunity to understand the development proposal and provide comments to the application. The Applicant intends to provide enhanced public information (Item 3) to be included with the required public notice mailings. The enhanced public information will include visual renderings and a description of the proposed project, along with a statement of community benefits. Additionally, the Applicant will provide an in-person informational meeting (Item 1) at a location to be approved by Community Development staff. The informational meeting will include project representatives capable of answering questions from the public, as well graphic representations of the proposed project. (d) Summary of Public Outreach. A written summary of the neighborhood outreach, as well as the method of public notification, shall be prepared by the applicant and submitted as part of the official record - either as part of the initial application or as an addendum to the application. Any documentation that was presented to the public as part of the outreach should also be included as part of the official record. The Applicant will provide a written summary of the neighborhood outreach and method of public notification, which will be submitted to Community Development prior to any scheduled hearings on the application. Sec. 26.415.070(d). - Development involving designated historic property or property within a historic district. (d) Certificate of appropriateness for major development. (1) The review and decision on the issuance of a certificate of appropriateness for major development shall begin with a determination by the Community Development Director that the proposed project constitutes a major development. A major development includes one or more of the following activities: a. The construction of a new structure within a historic district; and/or b. Alterations to more than three (3) elements of a building façade including its windows, doors, roof planes or materials, exterior wall material, dormers, porches, exterior staircase, balcony or ornamental trim; and/or c. The expansion of a building increasing the floor area by more than two hundred and fifty (250) square feet; and/or d. Any new development that has not been determined to be minor development. This project meets the criteria for a major development. (2) The procedures for the review of major development projects include a two-step process requiring approval by the HPC of a conceptual development plan and then a final development plan. If a major development project involves additional City Land Use approvals, the 205 W. Main Street / HPC Major Development (PID# 273512454003) 20 May 2022 Page | 5 Community Development Director may consolidate or modify the review process accordingly, pursuant to Subsection 26.304.060(b). This application provides a conceptual development plan. It is understood that initial reviews will be performed by the Historic Preservation Commission. (3) Conceptual development plan review. a. An application for a conceptual development plan shall include the following: 1. The general application information required in Section 26.304.030. 2. A site plan and survey showing property boundaries, the location and orientation of existing and proposed improvements and predominant site characteristics. 3. Scaled drawings of all proposed structure(s) or addition(s) depicting their form, including their height, massing, scale, proportions and roof plan; and the primary features of all elevations. 4. Preliminary selection of primary building materials to be used in construction represented by samples and/or photographs. 5. Supplemental materials to provide a visual description of the context surrounding the designated historic property or historic district including at least one (1) of the following: diagrams, maps, photographs, models or streetscape elevations. 6. Verification that the proposal complies with Chapter 26.410, Residential design standards or a written request for a variance from any standard that is not being met. The components of a conceptual plan for plan review have been provided as part of this application. Residential design standards have been met as indicated by the attached architectural drawings. b. The procedures for the review of conceptual development plans for major development projects are as follows: 1. The Community Development Director shall review the application materials submitted for conceptual or final development plan approval. If they are determined to be complete, the applicant will be notified in writing of this and a public hearing before the HPC shall be scheduled. Notice of the hearing shall be provided pursuant to Section 26.304.060(e)(3) Paragraphs a, b and c. 2. Staff shall review the submittal material and prepare a report that analyzes the project's conformance with the design guidelines and other applicable Land Use Code sections. This report will be transmitted to the HPC with relevant information on the proposed project and a recommendation to continue, approve, disapprove or approve with conditions and the reasons for the recommendation. The HPC will review the application, the staff analysis report and the evidence presented at the hearing to determine the project's conformance with the City Historic Preservation Design Guidelines. 3. 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. 4. A resolution of the HPC action shall be forwarded to the City Council in accordance with Section 26.415.120—Appeals, notice to City Council, and call-up. No applications for Final Development Plan shall be accepted by the City and no associated permits shall be issued until the City Council takes action as described in said section. c. The effect of approval of a conceptual development plan is as follows: 1. Approval of a conceptual development plan shall not constitute final approval of a major development project or permission to proceed with the development. Such authorization shall only constitute authorization to proceed with the preparation of an application for a final development plan. 205 W. Main Street / HPC Major Development (PID# 273512454003) 20 May 2022 Page | 6 2. Approval of a conceptual development plan shall be binding upon HPC in regards to the location and form of the envelope of the structure(s) and/or addition(s) as depicted in the conceptual plan application including its height, scale, massing and proportions. No changes will be made to this aspect of the proposed development by the HPC as part of their review of the final development plan unless agreed to by the applicant. If the applicant chooses to make substantial amendments to the conceptual design after it has been approved, a new conceptual development approval hearing shall be required, pursuant to Section 26.415.070.(d)(3). 3. Unless otherwise specified in the resolution granting conceptual development plan approval, 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 Community Development Director may grant an extension of this limitation if the delay has been caused by the application requiring additional reviews or similar delays that could not have been reasonably predicted by the applicant. 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. The procedures for Conceptual Development Review are understood. Chapter 26.415.090 Relocation of designated historic properties The intent of this Chapter is to preserve designated historic properties in their original locations as much of their significance is embodied in their setting and physical relationship to their surroundings as well as their association with events and people with ties to particular site. However, it is recognized that occasionally the relocation of a property may be appropriate as it provides an alternative to demolition or because it only has a limited impact on the attributes that make it significant. (a) Application. An application for relocation shall include: (1) The general application information required in Section 26.304.030. (2) A written description and/or graphic illustrations of the building, structure or object proposed for relocation. (3) A written explanation of the type of relocation requested (temporary, on-site or off-site) and justification for the need for relocation. (4) A written report from a licensed engineer or architect regarding the soundness of the building, structure or object, its ability to withstand the physical move and its rehabilitation needs, once relocated. (5) A conceptual plan for the receiving site providing preliminary information on the property boundaries, existing improvements and site characteristics and the associated planned improvements. (6) If the applicant does not own the receiving site, proof from the site's property owner of the willingness to accept the relocated building, structure or object. (7) Evidence that the applicant has or is seeking the necessary approvals to place the building on the identified receiving site. If the site is outside of the city limits, verification that the building will be preserved on its new site through a formal action of the other jurisdiction or a preservation easement. (8) Evidence of the financial ability to undertake the safe relocation, preservation and repair of the building, structure or object; site preparation and construction of necessary infrastructure through the posting of bonds or other financial measures deemed appropriate. (9) Supplementary materials to provide an understanding of the larger context for the relocated property and its impact on adjacent properties, the neighborhood or streetscape. 205 W. Main Street / HPC Major Development (PID# 273512454003) 20 May 2022 Page | 7 Graphic illustrations of the building are provided with this application. The relocation will be on-site and provide for the full development of the Property as affordable housing. Relocation will provide a permanent and improved foundation that will stabilize the historic resource. The architects attest to the soundness of the building and its ability to withstand a physical move and rehabilitation. The conceptual plan for the relocation is provided as part of this application. The receiving site is owned by the applicant and is within the jurisdiction of the City of Aspen. The applicant has the financial ability to undertake the safe relocation of the historic resource as well as carrying forward the other aspects of this application. Bonding or other financial instruments may be provided as stipulated in final approval for the project. Illustrations have been provided to give an understanding of the larger context for the relocated property, as wells as its impact on adjacent properties, the neighborhood, or streetscape. The proposed development is in conformance with zoning parameters for the Mixed-Use zone district and is consistent with other development along Main Street. (b) Procedures for the review of relocation request. (1) The Community Development Director shall review the application materials submitted for relocation approval. If they are determined to be complete, the applicant will be notified in writing of this and a public hearing before the HPC shall be scheduled. (2) Notice for the review of the relocation request shall include publication, posting and mailing pursuant to Section 26.304.060(e)(3) Paragraphs a, b and c. (3) If the relocation request is part of a major development project, the Community Development Director may consolidate or modify the review process accordingly pursuant to Section 26.304.060(b). (4) Staff shall review the submittal material and prepare a report that analyzes the project's conformance with the standards for relocation approval set forth below, the City Historic Preservation Design Guidelines and other applicable Land Use Code sections. This report will be transmitted to the HPC with relevant information on the proposed project and a recommendation to continue, approve, disapprove or approve with conditions and the reasons for the recommendation. The HPC will review the application, the report and the evidence presented at the hearing to determine if the standards for relocation have been met. (5) The HPC shall approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny. (6) A resolution of the HPC action will be forwarded to the City Council in accordance with Section 26.415.120 and no relocation will occur until after the thirty (30) day "call up" period of the City Council has expired. These procedures are understood and appropriate public notice will be provided by the Applicant. (c) Standards for the relocation of designated properties. Relocation for a building, structure or object will be approved if it is determined that it meets any one of the following standards: (1) It is considered a noncontributing element of a historic district and its relocation will not affect the character of the historic district; or (2) It does not contribute to the overall character of the historic district or parcel on which it is located and its relocation will not have an adverse impact on the Historic District or property; or (3) The owner has obtained a certificate of economic hardship; or (4) The relocation activity is demonstrated to be an acceptable preservation method given the character and integrity of the building, structure or object and its move will not adversely affect 205 W. Main Street / HPC Major Development (PID# 273512454003) 20 May 2022 Page | 8 the integrity of the Historic District in which it was originally located or diminish the historic, architectural or aesthetic relationships of adjacent designated properties; and The relocated property is a contributing element to the historic district, but its relocation will not affect the character of the historic district. This standard has been met. Additionally, for approval to relocate all of the following criteria must be met: (1) It has been determined that the building, structure or object is capable of withstanding the physical impacts of relocation; (2) An appropriate receiving site has been identified; and (3) An acceptable plan has been submitted providing for the safe relocation, repair and preservation of the building, structure or object including the provision of the necessary financial security. The architects have determined that the frame structure is capable of withstanding the physical impacts of relocation. The actual relocation site is very close to the structure’s existing location. An appropriate plan is provided for the safe relocation, repair, and preservation of the building. Financial security will be provided as required. (d) Procedures for considering request for relocation of properties under consideration for designation. While it is the intent of this Chapter to preserve properties of demonstrated significance, it is also recognized that all buildings and areas of importance to the general welfare, prosperity and civic pride of its citizenry cannot be identified, evaluated, documented and designated at one time. However, it is important to protect properties which potentially qualify for designation against needless loss until review and hearings can be completed. (1) No relocation will be permitted for properties under consideration for designation to the Aspen Inventory of Historic Landmark Site and Structures unless relocation approval is issued by the Historic Preservation Commission or City Council. (2) All properties under consideration for designation and, therefore, subject to the temporary stay of relocation will be identified on a list maintained by the Chief Building Official. Property owners will be notified by registered mail that their property is under consideration for designation and have an opportunity to review all materials compiled at that time to verify accuracy. (3) These procedures shall apply to any building located within an area under preliminary application for designation from the time the application is filed until the time action is taken on the application by the City Council. (4) If a public hearing to consider the application for designation is not held by the City Council within six (6) months of the initiation of the stay, the stay will expire. An additional six-month stay period may be approved by City Council in the form of a resolution, at a public hearing, with a showing of good cause. The proposed relocation is part of a major development project application. As such, it will require approval by the Historic Preservation Commission and City Council. Sec. 26.415.110. Historic Preservation Variations, Benefits. The City is committed to providing support to property owners to assist their efforts to maintain, preserve and enhance their historic properties. Recognizing that these properties are valuable community assets is 205 W. Main Street / HPC Major Development (PID# 273512454003) 20 May 2022 Page | 9 the basic premises underlying the provision of special procedures and programs for designated historic properties and districts. Benefits to encourage good historic preservation practices by the owners of historic properties are an important aspect of Aspen's historic preservation program. Historic resources are a valuable community asset and their continued protection is the basic premises supporting the creation of an innovative package of preservation tools that are unlike any other in the country. Aspen's preservation benefits are in response to tight historic preservation controls that have been legislated by the City since 1972. The Community Development Department and historic Preservation Commission (HPC) are dedicated to assisting property owners in renovating and maintaining their property. Aspen is unique. Its historic resources and spirit of community have not been duplicated anywhere else in the world. It is this basic character that has helped make the City both economically vital and cherished by many. Only designated properties may be eligible for the following benefits. (c) Variations. Dimensional variations are allowed for projects involving designated properties to create development that is more consistent with the character of the historic property or district than what would be required by the underlying zoning's dimensional standards. (1) The HPC may grant variations of the Land Use Code for designated properties to allow: a. Development in the side, rear and front setbacks; b. Development that does not meet the minimum distance requirements between buildings; c. Up to five percent (5%) additional site coverage; d. Less public amenity than required for the on-site relocation of commercial historic properties. The present application is not requesting any dimensional variations. (2) In granting a variation, the HPC must make a finding that such a variation: a. Is similar to the pattern, features and character of the historic property or district; and/or Enhances or mitigates an adverse impact to the historic significance or architectural character of the historic property, an adjoining designated historic property or historic district. The present application is not requesting any dimensional variations. The proposed design for the new development on the property will be consistent with the dimensional requirements of the MU zone district and consistent with the pattern of development on Main Street. Sec. 26.470.080. General Review Standards: Affordable Housing All Planning and Zoning Commission and City Council applications for growth management review shall comply with the following standards. (a) Sufficient Allotments. Sufficient growth management allotments are available to accommodate the proposed development, pursuant to Subsection 26.470.040(b). Applications for multi-year 205 W. Main Street / HPC Major Development (PID# 273512454003) 20 May 2022 Page | 10 development allotment, pursuant to Paragraph 26.470.110(a) shall be required to meet this standard for the growth management years from which the allotments are requested. Sufficient allotments are present for this affordable housing development. Multi-year allotments are not required. (b) Development Conformance. The proposed development conforms to the requirements and limitations of this Title, of the zone district or a site specific development plan, any adopted regulatory master plan, as well as any previous approvals, including the Conceptual Historic Preservation Commission approval, the Conceptual Commercial Design Review approval and the Planned Development - Project Review approval, as applicable. The proposed development conforms to the requirements and limitations of the City of Aspen Land Use Code and those of the Mixed-Use zone district. This application requests Conceptual Historic Preservation Commission approval and other approvals as required. (c) Public Infrastructure and Facilities. The proposed development shall upgrade public infrastructure and facilities necessary to serve the project. Improvements shall be at the sole costs of the developer. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking and road and transit services. The proposed development will upgrade public infrastructure and facilities to serve the project at the sole cost of the Applicant. Identified public infrastructure improvements include the removal of an informal parking area along the First Street right-of-way and the appropriate planting of street trees. (d) Affordable Housing Mitigation. (Skipping to the applicable section.) (7) For all affordable housing units that are being provided as mitigation pursuant to this Chapter or for the creation of a Certificate of Affordable Housing Credit pursuant to Chapter 26.540, or for any other reason: a. The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing Authority, as amended. b. Required affordable housing may be provided through a mix of methods outlined in this Chapter, including newly built units, buy down units, certificates of affordable housing credit, or cash-in-lieu. c. Affordable housing that is in the form of newly built units or buy-down units shall be located on the same parcel as the proposed development or located off-site within the City limits. Units outside the City limits may be accepted as mitigation by the City Council, pursuant to Section 26.470.110(b). When off-site units within City limits are proposed, all requisite approvals shall be obtained prior to approval of the growth management application. d. Affordable housing mitigation in the form of a Certificate of Affordable Housing Credit, pursuant to Chapter 26.540, shall be extinguished pursuant to Section 26.540.120, Extinguishment and Re-Issuance of a Certificate, utilizing the calculations in Section 26.470.050(f), Employee/Square Footage Conversion. e. If the total mitigation requirement for a project is less than 0.1 FTEs, a cash-in-lieu payment may be made by right. If the total mitigation requirement for a project is 0.1 or more FTEs, a cash-in-lieu payment shall require City Council approval, pursuant to Section 26.470.110(c). f. Affordable housing units shall be approved pursuant to Paragraph 26.470.100(d), Affordable housing, and be restricted to a Category 4 rate as defined in the Aspen/Pitkin 205 W. Main Street / HPC Major Development (PID# 273512454003) 20 May 2022 Page | 11 County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. g. Each unit provided shall be designed such that the finished floor level of fifty percent (50%) or more of the unit's net livable area is at or above natural or finished grade, whichever is higher. This dimensional requirement may be varied through Special Review, Pursuant to Chapter 26.430. The affordable housing units are being provided for the creation of Affordable Housing Credits pursuant to Chapter 26.540. They will be newly built units not required as mitigation for any associated development. As such, Sub-sections c through e above are not applicable. The units will be deed restricted to a Category 4 rate as provided in sub-section f above. Certain of the units slightly exceed the fifty percent above grade requirement. Therefore, a minor variation is requested by Special Review, as permitted. These units have larger than required lightwells and other amenities in support of a Special Review variance. (8) Affordable housing units that are being provided absent a requirement ("voluntary units") may be deed-restricted at any level of affordability, including residential occupied (RO). The units are voluntary units, but are proposed as Category 4 rental units. The applicant reserves the right to change to a lower category at some future time. Sec. 26.430.040. - Review standards for special review. No development subject to special review shall be permitted unless the Planning and Zoning Commission makes a determination that the proposed development complies with all standards and requirements set forth below. (a) Dimensional requirements. Whenever the dimensional requirements of a proposed development are subject to special review, the development application shall only be approved if the following conditions are met. Three types of special review are requested here: 1. Special review to increase the floor area ratio to 1.1:1 to allow for a development of approximately 7,939 SF of floor area as opposed to the base FAR of 1:1 that would allow for a development of 7,500 SF of floor area. 2. Special review to allow for slight modifications to the maximum 50% below grade standard for certain units. This is required based on architectural limitations relating to the historic resource. 3. Special review for a parking deficiency of two (2) parking spaces. (1) The mass, height, density, configuration, amount of open space, landscaping and setbacks of the proposed development are designed in a manner which is compatible with or enhances the character of surrounding land uses and is consistent with the purposes of the underlying zone district. Neither of these special review requests will have any significant impact on the height, density, setbacks, or other parameters. This project has been carefully designed to be compatible with the neighborhood and enhance the character of surrounding land uses. Special review for the 205 W. Main Street / HPC Major Development (PID# 273512454003) 20 May 2022 Page | 12 affordable housing units themselves will not affect the livability of the units, and will be consistent with the underlying zone district and the Aspen Area Community Plan goals of providing as much affordable housing as possible. (2) The applicant demonstrates that the proposed development will not have adverse impacts on surrounding uses or will mitigate those impacts, including but not limited to the effects of shading, excess traffic, availability of parking in the neighborhood or blocking of a designated view plane. The proposed development will not have any adverse impacts on surrounding uses that will require mitigation. Sec. 26.470.100. Planning and Zoning Commission Applications, Affordable Housing The following types of development shall be approved, approved with conditions or denied by the Planning and Zoning Commission, pursuant to Section 26.470.060, Procedures for review, and the criteria for each type of development described below. Except as noted, all growth management applications shall comply with the general requirements of Section 26.470.080. Except as noted, the following types of growth management approvals shall be deducted from the annual development allotments. Approvals apply cumulatively. (c) Affordable housing. The development of affordable housing deed-restricted in accordance with the Aspen/Pitkin County Housing Authority Guidelines shall be approved, approved with conditions or denied by the Planning and Zoning Commission based on the general requirements outlined in Section 26.470.080. (1) The proposed units shall be deed-restricted as "for sale" units and transferred to qualified purchasers according to the Aspen/Pitkin County Housing Authority Guidelines. The owner may be entitled to select the first purchasers, subject to the aforementioned qualifications, pursuant to the Aspen/Pitkin County Housing Authority Guidelines. The deed restriction shall authorize the Aspen/Pitkin County Housing Authority or the City to own the unit and rent it to qualified renters as defined in the Affordable Housing Guidelines established by the Aspen/Pitkin County Housing Authority, as amended. The proposed units may be rental units, including but not limited to rental units owned by an employer or nonprofit organization, if a legal instrument in a form acceptable to the City Attorney ensures permanent affordability of the units. The City encourages affordable housing units required for lodge development to be rental units associated with the lodge operation and contributing to the long- term viability of the lodge. Units owned by the Aspen/Pitkin County Housing Authority, the City of Aspen, Pitkin County or other similar governmental or quasi- municipal agency shall not be subject to this mandatory "for sale" provision. The proposed units are to be rental units generating Affordable Housing Credits. They may be associated with lodging development elsewhere in the City of Aspen. A legal instrument in a form acceptable to the City will ensure permanent affordability of the units. 205 W. Main Street / HPC Major Development (PID# 273512454003) 20 May 2022 Page | 13 Sec. 26.515. Transportation and Parking Management Sec. 26.515.020. Applicability This Chapter applies to all development and redevelopment which meets the definition of Demolition, or is a Change in Use, as defined in Chapter 26.470, Growth Management Quota System. (a) Determination of Applicability. The applicant may request a preliminary pre-application conference with staff from the Community Development Department to determine the applicability of the requirements of this Chapter for the proposed development. The following chart details the process for complying with the requirements of this Section through the creation of a mobility plan. The TIA Guidelines are available on the City of Aspen website and may be used to determine whether a project is subject to or exempt from the TIA. (b) Requirements. This Chapter requires all applicable development to submit a Mobility Plan, which addresses the following: • TIA applicability, and • TIA compliance (as applicable), and • The provision of parking, and • Cash-in-lieu of parking (as applicable), and • Surplus mobility measures (as applicable). The City then reviews the project's proposed TIA and Mobility Plan together as part of the project's Land Use Application. The Applicant will provide a TIA if required as part of the review of the proposed development. The development proposal provides sufficient parking to meet the requirements of the land use code for multi-family housing in the MU zone district. The proposed development does not provide excess parking. The location of the proposed affordable housing will minimize vehicle trips and allow residents to participate in a walkable environment. Sec. 26.515.030. Transportation Mitigation (a) General Requirements. All applicable development shall mitigate its projected transportation impacts as provided in this Chapter. Refer to the Transportation Impact Analysis (TIA) for project applicability. Mobility requirements shall be satisfied through use of the following approaches, either alone or in combination 1. Mobility Measures. Applicable development must provide Transportation Demand Management (TDM) and Multi-Modal Level of Service (MMLOS) measures as provided for in the Transportation Impact Analysis (TIA) Guidelines. These measures shall be maintained for the life of the development. All requirements shall be incorporated in the project's Development Agreement, pursuant to Chapter 26.490, Development Documents. 2. Surplus Mobility Measures. Upon satisfaction of TIA requirements, a development's Mobility Plan may include surplus mobility measures, where credit is provided over the minimum TIA requirements and applied towards Parking Requirements outlined in Table 26.515-1. The proportion of surplus mobility measures permitted for a development is outlined in Table 26.515-2. If required, the proposed development will meet applicable measures as provided for in a TIA. 205 W. Main Street / HPC Major Development (PID# 273512454003) 20 May 2022 Page | 14 Sec. 26.515.040. Parking Requirements (a) General requirements. All applicable development shall accommodate its projected parking impacts as provided in this Chapter. Parking Requirements shall be satisfied through use of the following either alone or in combination. (1) Parking Requirement Calculation. Parking Requirements shall be calculated for each use within a development according to Table 26.515-1. (2) Parking Provision Minimum. Applicable development shall satisfy the minimum Parking Provision Requirement, as calculated in Table 26.515-1. Minimum parking provisions may be reduced in combination with mobility measures and transportation system impact fees in accordance with the standards in Table 26.515-2. (3) Parking Provision Maximum. To create appropriate site planning and provision of parking, applicable development shall not provide on-site parking in excess of one hundred twenty-five percent (125%) of the Parking Provision Maximum requirement in the form of Reserved Parking Spaces or Accessory Parking Spaces, unless the total number of on-site spaces in excess of one hundred twenty-five percent (125%) of the Parking Provision Maximum are provided as Public Parking Spaces. The proposed development will provide seven (7) parking spaces for nine (9) residential units. Per Table 26.515-1, a Residential Multi-Family building as a single use within the Aspen Infill Area requires one (1) parking space per dwelling unit. Historic preservation benefits allow for the waiver of some parking spaces. A waiver is requested for two (2) parking spaces. Also, no excess parking is provided as part of this application. Table 26.515-1 Parking Impact Requirement Calculations Use Aspen Infill Area All Other Areas Parking Requirement (in units) Parking Requirement (in units) Parking Maximum (in units) Commercial(1) 1 unit / 1,000 sf Net Leasable Space 1.25 units / 1,000 sf NLA 3 units per 1,000 sf NLA (2) Residential - Single-Family and Duplex(4) Lesser of 1 unit per bedroom or 2 units per Dwelling Unit Greater of 1.25 units per bedroom or 2.5 units per dwelling unit Lesser of 1 unit per bedroom or 2 per unit Residential - Accessory Dwelling Units and Carriage Houses(3) (4) 1 unit per unit 1.25 units per unit 1 unit per unit (3) Residential - Multi-Family (as a single use) 1 unit per Dwelling Unit 1.25 units per dwelling unit Lesser of 1 unit per bedroom or two units per Dwelling Unit 205 W. Main Street / HPC Major Development (PID# 273512454003) 20 May 2022 Page | 15 Table 26.515-1 Parking Impact Requirement Calculations Use Aspen Infill Area All Other Areas Parking Requirement (in units) Parking Requirement (in units) Parking Maximum (in units) Residential - Multi-Family within a mixed-use building 1 unit per Dwelling Unit 1.25 units per dwelling unit 1 per Dwelling Unit (2) Hotel/Lodge 0.5 units per Key 0.7 units per Key 0.7 units per Key (2) All Other Uses (civic, cultural, public uses, essential public facilities, child care centers, etc.) Established by Special Review according to the review criteria of Section 26.515.080. N/A Established by Special Review according to the review criteria of Section 26.515.080. Sec. 26.515.050. Meeting Parking Requirements (a) General requirements. Parking Requirements shall be satisfied through the following provisions alone or in combination and described in a project's Mobility Plan: (1) Cash-in-lieu. Cash-in-lieu payments may be made to satisfy Parking Requirements as outlined by zone district in Table 26.515-2, and according to Section 26.515.090. (2) Provision of Off-Street Parking. a. On-Site Parking. Off-street parking may be provided on-site in applicable zone districts to satisfy Parking Requirements, with Reserved and Accessory spaces not to exceed the Parking Maximums outlined below in Table 26.515-1. Shared parking may be counted provided that a Shared Parking Agreement and a shared-parking analysis, as approved by the Community Development Director, is executed. b. Off-Site Parking. Off-street parking may be provided off-site in applicable zone districts to satisfy Parking Requirements, provided that a Shared Parking Agreement and a shared- parking analysis, as approved by the Community Development Director, is executed. Off- site parking is subject to Special Review per Chapter 26.430 and Section 26.515.080. c. Reserved and Accessory Spaces. For both On-Site Parking and Off-Site Parking, Reserved and Accessory spaces in excess of the Parking Provision Maximums outlined below in Table 26.515-1 are subject to the Shared Parking standards in Section 26.515.040(a)(3). Off-street parking requirements will be addressed with seven (7) parking spaces entirely on the site and accessed through the alley. Special review including a historic preservation benefit and/or mobility measures are required to meet the standards of this section by providing for the additional required two (2) spaces. The proposed development offers excellent proximity to transit, the commercial core, and employment opportunities in the lodging sector. 205 W. Main Street / HPC Major Development (PID# 273512454003) 20 May 2022 Page | 16 Parking Requirements are subject to the following standards: (1) If the Parking Requirement is subject to establishment by adoption of a Planned Development final development plan, review is subject to Chapter 26.445, Planned Development. (2) If the Parking Requirement is established through a special review, the standards and procedures of Section 26.515.080, Special Review Standards apply. (3) If the Parking Requirement is met via cash-in-lieu, the standards and procedures set forth at Section 26.515.090, Cash-in-Lieu of Parking apply. (4) For properties listed on the Aspen Inventory of Historic Landmark Sites and Structures, a waiver of the Parking Requirement may be approved, pursuant to Chapter 26.430, Special Review, and according to the review criteria set forth below. (5) For lodging projects with flexible unit configurations, also known as "lock-off units," each separate "key," or rentable division, shall constitute a unit for the purposes of this Section. (6) The Parking Requirement for projects with multiple, distinct land uses (residential, commercial, lodging, or other) may be lowered, if the applicant submits a shared-parking analysis, approved by the Community Development Director, which results in a peak-parking-demand measure that is less than the Parking Requirement established by Table 26.515-1. The application for a shared parking analysis shall be reviewed by The Transportation, Parking, Engineering, and Community Development Departments and approved by the Planning and Zoning Commission as a Special Review (Section 26.430). (7) *Off-street parking provision on a parcel that abuts an Aspen Pedestrian Mall may only be provided in an on-site, subgrade parking structure. Alternatively, parcels abutting an Aspen Pedestrian Mall may provide all Parking Requirements through the payment of Cash-in-Lieu (Section 26.515.090). The parking requirement will be addressed on-site with seven (7) spaces for nine (9) units. Special review and a historic preservation benefit waiver is requested for two (2) spaces. Sec. 26.515.070. Off-Street Parking Requirements (a) Applicability. Where off-street parking spaces are provided as part of a Mobility Plan, the regulations in Sections 26.515.070(b)—(i) apply. (b) General. Each off-street parking space shall consist of an open area measuring eight and one half (8½) feet wide by eighteen (18) feet long and seven (7) feet high with a maximum longitudinal slope of twelve percent (12%) and a maximum cross slope of five percent (5%). For developments providing more than fifteen (15) on-site parking spaces, twenty-five percent (25%) of the on-site spaces may be provided as Compact Parking in accordance with the requirements of the Engineering Design Standards. Each parking space, except those provided for detached residential dwellings and duplex dwellings, shall have an unobstructed access to a street or alley. Off-street parking provided for multi-family dwellings which do not share a common parking area may be exempted from the unobstructed access requirement subject to special review pursuant to Chapter 26.430, Special review and the standards set forth at Section 26.515.040, Special review standards, below. Off-street parking must be paved with all-weather surfacing or be covered with gravel. For residential development, a grass ring or grass-paver-type surface may be used. All parking shall be maintained in a usable condition at all times. All development or redevelopment must be in conformance with, or bring existing parking into conformance with, Engineering Design Standards, including but not limited to the access requirements outlined in Chapter 4 Transportation Design. The off-street parking will be paved or covered with gravel and shall meet the dimensional requirements stated above. 205 W. Main Street / HPC Major Development (PID# 273512454003) 20 May 2022 Page | 17 (c) Use of off-street parking. Parking spaces shall be used for the parking of vehicles and shall not be used for non-auto related uses such as storage units or trash containers. No off-street parking area shall be used for the sale, repair, dismantling or servicing of any vehicles, equipment, materials or supplies, nor shall any such activity adjacent to off-street parking spaces obstruct required access to off-street parking areas. The parking provided shall be monitored to meet these requirements. Storage facilities are provided separately as part of this residential development. (d) Location of off-street parking. Off-street parking, except shared parking, publicly accessible parking, or off-site parking as approved as part of a mobility plan, shall be located on the same parcel as the principal use or an adjacent parcel under the same ownership as the lot occupied by the principal use. For all uses, parking shall be accessed from an alley or secondary road where one exists unless otherwise established according to this Chapter. The parking spaces will be on the same parcel as the residential development and accessed from an existing alley. (e) Detached and duplex residential dwelling parking. Off-street parking provided for detached residential dwellings and duplex dwellings is not required to have unobstructed access to a street or alley, but shall not block access of emergency apparatus to the property or to structures located on the property. This allows for "stacking" of vehicles where a vehicle is parked directly behind another. Not applicable. (f) State Highway 82 off-street parking. All parking required for uses fronting State Highway 82 shall be accessed from the alley, if an alley exists, and shall not enter from or exit onto State Highway 82. Not applicable. (g) Surface parking. Surface parking is prohibited or requires conditional use review as a principal use of a lot or parcel in some Zone Districts (See Chapter 26.710). Where surface parking is permitted and eight (8) or more spaces are provided, the parking area shall include one (1) tree with a planter area of twenty (20) square feet for each four (4) parking spaces. Planter areas may be combined but shall be proximate to the parking spaces. The Planning and Zoning Commission may waive or modify this requirement on a per case basis. Parking within structures is exempt from this landscaping provision. Not applicable. Surface parking as defined here is not proposed as part of this application. (h) Restrictions on drainage, grading and traffic impact. Off-street parking spaces shall be graded to ensure drainage does not create any flooding or water quality impacts and shall be provided with entrances and exits so as to minimize traffic congestion and traffic hazards. The parking area adjacent to the alley will be graded and engineered so as not to create flooding or water quality impacts. (i) Restrictions on lighting. Lighting facilities for off-street parking spaces, if provided, shall be arranged and shielded so that lights neither unreasonably disturb occupants of adjacent residential 205 W. Main Street / HPC Major Development (PID# 273512454003) 20 May 2022 Page | 18 dwellings nor interfere with driver vision. All outdoor lighting shall comply with the outdoor lighting regulations, Section 26.575.150. Any lighting provided will comply with the outdoor lighting regulations. Sec. 26.515.080. Special Review Standards Whenever the transportation, mobility, and parking impacts of a proposed development are subject to special review, an application shall be processed as a special review in accordance with the common development review procedures set forth in Chapter 26.304 and be evaluated according to the following standards. Review is by the Planning and Zoning Commission. The proposed development will require special review for two (2) parking spaces. Sec. 26.540.070. Review Criteria for Establishing an Affordable Housing Credit An Affordable Housing Credit may be established by the Planning and Zoning Commission if all of the following criteria are met. The proposed units do not need to be constructed prior to this review. (a) The proposed affordable housing unit(s) comply with the review standards of Section 26.470.080 D.7.a-g The proposed affordable housing units comply with the review standards enumerated above with the exception of “g.” This is the 50% above grade standard and certain units are requesting special review owing to the fact that architectural limitations prevent fully compliance. These units have enhanced window wells and other amenities to support special review approval. (b) The affordable housing unit(s) are not an obligation of a Development Order and are not otherwise required by this Title to mitigate the impacts of development. The affordable housing units are not an obligation of a Development Order and are not otherwise required to mitigate impacts of development. Sec. 26.575.020. Calculations and Measurements (a) Purpose. This Section sets forth methods for measuring floor area, height, setbacks, and other dimensional aspects of development and describes certain allowances, requirements and other prescriptions for a range of structural components, such as porches, balconies, garages, chimneys, mechanical equipment, projections into setbacks, etc. The definitions of the terms are set forth at Section 26.104.100—Definitions. (b) Limitations. The prescribed allowances and limitations, such as height, setbacks etc., of distinct structural components shall not be aggregated or combined in a manner that supersedes the dimensional limitations of an individual structural component. For example, if a deck is permitted to be developed within five (5) feet of a property boundary and a garage must be a minimum of ten (10) feet from the same property boundary, a garage with a deck on top of it may not be developed 205 W. Main Street / HPC Major Development (PID# 273512454003) 20 May 2022 Page | 19 any closer than ten (10) feet from the property boundary or otherwise produce an aggregated structural component that extends beyond the setback limit of a garage. (c) Measuring Net Lot Area. A property's development rights are derived from Net Lot Area. This is a number that accounts for the presence of steep slopes, easements, areas under water, and similar features of a property. There are no applicable reductions for net lot area to this 7,500 SF parcel. (d) Measuring Floor Area. In measuring floor areas for floor area ratio and allowable floor area, the following applies: Floor area measurements have been performed by the architects in conformance with this section. Floor area measurements have been provided in tables located on the architectural drawings included with this application. Total floor area for the proposed affordable housing development is 7,939 square feet. (e) Measuring Setbacks. (1) General. Required setbacks shall be unoccupied and unobstructed within an area extending horizontally from the parcel boundary to the setback line and vertically above and below grade, excepting allowed projections as described below. Required setbacks shall be measured perpendicular from all points of the parcel boundary to the outmost exterior of a structure, including all exterior veneer such as brick, stone or other exterior treatments, but excluding allowed projections as further described in Subsection (e)(5), below. (2) Determining Front, Rear, and Side Yards. The front yard setback shall be measured from the front lot line. The Front Lot Line shall be the parcel boundary closest to or dividing a lot from a Street or street right-of-way. All parcels have a front lot line. There shall not be more than one (1) front lot line. The rear yard setback shall be measured from the rear lot line. The Rear Lot Line shall be the parcel boundary opposite the front lot line. All parcels have a rear lot line. A parcel shall have only one (1) rear lot line. Side yard setbacks shall be measured from the side lot lines. Side lot lines shall be those parcel boundaries other than a front or rear lot line. All parcels will have at least one (1) side lot line and may have multiple side lot lines. For corner parcels, the front lot line shall be the parcel boundary along the Street with the longest block length and the remaining boundary shall be a side lot line. For corner parcels where the parcel boundary follows a curving Street, the midpoint of the curve shall be used to differentiate the front lot line and the side lot line. In this case, the boundary segment with the shortest Street frontage shall be the front lot line. For reverse curve lots, the curved portion of the lot line shall be considered the front lot line and the two (2) opposing parcel boundaries shall be considered side lot lines. For all double frontage lots with Streets on opposite sides of the parcel, except for those parcels abutting Main Street, the front lot line shall be the parcel boundary with the greatest length of Street frontage and the opposing lot boundary shall be the rear lot line. For double frontage lots with equal length street frontages, the front lot line shall mirror the front lot lines of the adjoining lots to the extent practical. For double frontage lots abutting Main Street, the front lot line shall be the lot line adjoining Main Street. The Community Development Director shall resolve any discrepancies or situations where the foregoing text does not provide definitive clarity by issuance of a recordable administrative determination. 205 W. Main Street / HPC Major Development (PID# 273512454003) 20 May 2022 Page | 20 (3) Determining required setbacks adjacent to streets or rights-of-way. When a property does not extend into an adjacent public or private right-of-way or street easement, the required setback shall be measured from the lot line. When a property extends into an adjacent public or private right-of-way or street easement, the required setback for that portion of the lot shall be measured from the edge of the right-of-way or street easement closest to the proposed structure. (4) Combined Setbacks. Where zoning provisions require a combined yard setback (either front- rear or side-side), the narrowest point on each yard shall be the basis for measuring the combined setback. A combined yard requirement may not be met by staggering the required yard setbacks. For example, if a lot requires a combined side-yard setback of thirty (30) feet, with a minimum of ten (10) feet on either side, Figure 14 shows compliance with the requirement - one side yard is ten (10) feet, the other is twenty (20) feet, and each side yard setback is consistent from front to rear. Given the same example, Figure 15 meets the individual ten (10) feet setback requirements, but the combined setback is staggered and is not consistent from front to rear. This example does not meet the combined setback requirement. Setbacks have been measured in accordance with these provisions and the requirements of the MU zone district. As provided in the attached drawings, front yard setback is ten (10) feet, side yard setbacks are five (5) feet, and the rear yard setback is five (5) feet. In accordance with the Code for Main Street properties, the front yard setback is the frontage on Main Street. (5) Allowed Projections into Setbacks. Setback areas shall be unobstructed above and below ground except for the following allowed projections: a. Above or below ground utilities, including transformers and vaults, below-grade heating or cooling conduit or infrastructure such as a ground-source heat pump system, below-grade dry wells or other at-grade or below-grade drainage infrastructure. b. Trees and vegetation. c. Artwork, sculpture, seasonal displays. d. Flagpoles, mailboxes, address markers. e. Foundation footers, soil nails or below-grade tiebacks, and similar improvements necessary for the structural integrity of a building or other structures. f. The minimum projection necessary to accommodate exterior mounted utility junctions, meters, cable boxes, vent flues, standpipes, and similar apparatus and including any protective structure as may be required by the utility provider. g. Building eaves, bay windows, window sills, and similar architectural projections up to eighteen (18) inches as measured from the setback boundary. h. The minimum projection necessary to accommodate light wells and exterior basement stairwells as required by adopted Building or Fire Codes as long as these features are entirely recessed behind the vertical plane established by the portion of the building façade(s) closest to any Street(s). If any portion of the feature projects into the setback, the entire feature may be no larger than the minimum required. Features required for adjacent subgrade interior spaces may be combined as long as the combined feature represents the minimum projection into the setback. There is no vertical depth limitation for these features. This exemption does not apply to Areaways. This exemption does not apply to light wells and exterior basement stairwells which are not required by adopted Building or Fire Codes. i. The minimum projection necessary to accommodate an exterior-mount fire escape to an existing building, as may be required by adopted Building or Fire Codes. j. Uncovered porches, landscape terraces, slabs, patios, walks and similar features, which do not exceed six (6) inches vertically above or below the surrounding finished grade for the entire feature. 205 W. Main Street / HPC Major Development (PID# 273512454003) 20 May 2022 Page | 21 k. Landscape walls, berms, retaining walls, stairways and similar structures, which do not exceed thirty (30) inches vertically above or below the lower of natural or finished grade Improvements may be up to thirty (30) inches above and below grade simultaneously, for up to a sixty (60) inch total. Improvements may exceed thirty (30) inches below grade if determined to be necessary for the structural integrity of the improvement. (See Figure 16). Berms are prohibited in the front yard setback. l. Drainage swales, stormwater retention areas, bio retention areas, rain collection systems, and similar stormwater retention, filtration or infiltration devices or facilities are permitted in setbacks as long as the finished grade of the top of the improvement does not exceed thirty (30) inches vertically above or below the surrounding finished grade. Stormwater improvements or portions thereof may be buried and exceed thirty (30) inches below grade as long as the finished grade above the facility does not exceed thirty (30) inches vertically above or below the surrounding finished grade. These features may be up to thirty (30) inches above and below finished grade simultaneously. m. Hot tubs, spas, pools, water features, and permanently affixed outdoor grills, furniture, seating areas, and similar permanent structures shall have the following requirements: 1. Prohibited between any lot line adjacent to a street and any structure; and 2. Shall be located at least double the minimum setback for a primary structure from any lot line adjacent to a street; and 3. If visible from the street, these features shall be screened in accordance with Section 26.575.050, Fences; and 4. If located within a setback not adjacent to a street, these features shall not exceed thirty (30) inches above or below finished grade. These features may be up to thirty (30) inches above and below finished grade simultaneously. Improvements may exceed thirty (30) inches below grade if necessary for the structural integrity of the improvement. n. Heating and air conditioning equipment and similar mechanical equipment shall have the following requirements: 1. Prohibited between any lot line adjacent to a street and any structure; and 2. Shall be located at least double the minimum setback for a primary structure from any lot line adjacent to a street; and 3. If visible from the street, these features shall be screened in accordance with Section 26.575.050, Fences; and 4. If located within a setback not adjacent to a street, these features shall not exceed thirty (30) inches above or below finished grade. These features may be up to thirty (30) inches above and below finished grade simultaneously. The Community Development Director may approve exceptions to the requirements of m) and n) above. The Community Development Director must first determine that the visual impact of the exemption is minimal and that no other reasonable option exists. Approval shall be in the form of a recordable administrative determination. o. The height and placement of energy efficiency or renewable energy production systems and equipment which are located adjacent to or independent of a building shall be established by the Planning and Zoning Commission pursuant to the procedures and criteria of Chapter 26.430—Special Review. These systems are discouraged between any lot line adjacent to a street and any structure. For energy production systems and equipment located on top of a structure, see Subsection (f)(4). p. Fences and hedges less than forty-two (42) inches in height, as measured from finished grade, are permitted in all required yard setbacks. Fences and hedges up to six (6) feet in height, as measured from finished grade, are permitted only in areas entirely recessed behind the vertical plane established by the portion of the building facade which is closest to the Street. This restriction applies on all Street-facing facades of a parcel. (Also see Section 26.575.050—Supplementary Regulations for limitations on fence materials.) q. Driveways not exceeding twenty-four (24) inches above or below finished grade within any setback of a yard facing a Street. Within all other required setbacks, finished grade of a driveway shall not exceed thirty (30) inches above or below finished grade. 205 W. Main Street / HPC Major Development (PID# 273512454003) 20 May 2022 Page | 22 r. Parking may occur in required setbacks if within an established driveway or parking area and the curb cut or vehicular access is from an alleyway, if an alleyway abuts the property, or has otherwise been approved by the City. s. Non-permanent features which are not affixed to the ground such as movable patio furniture, outdoor seating or a picnic table, barbeque grills, children's play equipment, and similar non-permanent features which are not affixed to the ground. This exemption shall not allow storage sheds or containers. t. Wildlife-resistant Trash and Recycling enclosures located in residential zone districts shall be prohibited in all yards facing a Street. These facilities may be placed within non-street facing yards if the enclosure is the minimum reasonably necessary in both height and footprint, is an unconditioned space not integrated with other structures on the property, and serves no other purpose such as storage, garage space, or other purposes unrelated to protecting wildlife. Wildlife-resistant trash and recycling enclosures located in commercial, mixed-use, or lodging zone districts are not exempt from setback requirements and shall comply with zone district requirements for Utility/Trash/Recycle areas. Temporary intermittent placement of trash and recycling containers in or along yards facing a Street is allowed. For example, on "trash day." Enclosures shall be located adjacent to the alley where an alley borders the property and shall not be located in a public right-of-way. Unless otherwise approved by the Historic Preservation Commission, enclosures shall not abut or be attached to a historic structure. Enclosures may abut other non-historic structures. As provided in the accompanying drawings, the only proposed encroachments into the setbacks are: 1. The required parking to the rear of the property accessed from the alley; 2. Lightwells for the subgrade portions of the affordable housing units; 3. Any required utility pedestals or transformer; 4. Trash Enclosures; and 5. Landscaping. These encroachments are permitted as allowed projections into the setbacks as detailed in the above-referenced code section. (f) Measuring Building Heights. (1) For properties in the Commercial Core (CC), Commercial (C1), Commercial Lodge (CL), Neighborhood Commercial (NC) and Service Commercial Industrial (SCI) Zone Districts, the height of the building shall be the maximum distance between the ground and the highest point of the roof top, roof ridge, parapet, or top-most portion of the structure. See Subsection (3), below, for measurement method. (2) For properties in all other Zone Districts, the height of the building shall be measured according to the pitch of the roof as follows. See Subsection (3), below, for measurement method. a. Flat roofs or roofs with a pitch of less than 3:12. The height of a building with a roof pitch of less than 3:12 shall be measured from the ground to the top-most portion of the structure. b. Roofs with a pitch from 3:12 to 7:12. The height of a building with a roof pitch from 3:12 to 7:12 shall be measured from the ground to the point of the roof vertically halfway between the eave point and the ridge. There shall be no limit on the height of the ridge. c. Roofs with a pitch greater than 7:12. The height of a building with a roof pitch greater than 7:12 shall be measured from the ground to the point of the roof vertically one-third (⅓) of the distance up from the eave point to the ridge. There shall be no limit on the height of the ridge. For roofs with multiple pitches within one (1) vertical plane, the height of the roof shall be measured by drawing a line within a vertical section between the ridge and the Eave Point(s) and then applying the methodology for the resulting pitch of said line(s) as described above. d. For barrel-vault roofs, height shall be measured by drawing a line within a vertical section between the top-most point of the roof and the Eave Point(s) and then applying the methodology for the resulting pitch of said line(s) as described above. 205 W. Main Street / HPC Major Development (PID# 273512454003) 20 May 2022 Page | 23 e. For "shed" roofs with a single-pitch, the methodology for measuring shall be the same as described above according to the slope of the roof and by using the highest point of the roof as the ridge. f. For mansard roofs, height shall be measured to the flat roof as described above. g. Dormers shall be excluded from the calculation of height if the footprint of the dormer is fifty percent (50%) or less of the roof plane on which the dormer is located and the ridge of the dormer is not higher than the ridge of the roof on which it is located. If there are multiple dormers on one (1) roof plane, the aggregate footprint shall be used. Otherwise, dormers shall be included in the measurement of height according to the methods described above. h. Butterfly roofs shall be measured in accordance with shed roof methodology. (3) Height Measurement Method. In measuring a building for the compliance with height restrictions, the measurement shall be the maximum distance measured vertically from the ground to the specified point of the building located above that point, as further described below: a. Measuring height along the perimeter of the building. At each location where the exterior perimeter of a building meets the ground, the measurement shall be taken from the lower of natural or finished grade. Building permit plans must depict both natural and finished grades. b. Measuring height within the footprint of the building. For the purposes of measuring height within the footprint of a building, areas of the building within fifteen (15) horizontal feet of the building's perimeter shall be measured using the perimeter measurement, as described above. In all other areas, the natural grade of the site shall be projected up to the allowable height and the height of the structure shall be measured using this projected topography. In instances where the natural grade of a property has been affected by prior development activity, the Community Development Director may accept an estimation of pre-development topography prepared by a registered land surveyor or civil engineer. The Director may require additional historical documentation, technical studies, reports, or other information to verify a pre-development topography. If necessary, the Community Development Director may require an applicant document natural grade, finished grade, grade being used within the footprint of the building, and other relevant height limitation information that may need to be documented prior to construction. c. Measuring to the roof. The high point of the measurement shall be taken from the surface of a structure's roof inclusive of the first layer of exterior sheathing or weatherproofing membrane but excluding exterior surface treatments such as shakes, shingles, or other veneer treatments or ornamentation. When measuring roofs to a point between the ridge and the eave point, the eave point shall be the point where the plane of a roof intersects the plane of the exterior wall. The roof and wall planes shall be of the nominal structure, excluding all exterior treatments. (4) Allowed Exceptions to Height Limitations. a. Chimneys, flues, and similar venting apparatus. Chimneys, flues, vents, and similar venting apparatus may extend no more than ten (10) feet above the height of the building at the point the device connects. For roofs with a pitch of 8:12 or greater, these elements may not extend above the highest ridge of the structure by more than required by adopted building codes or as otherwise approved by the Chief Building Official to accommodate safe venting. To qualify for this exception, the footprint of these features must be the minimum reasonably necessary for its function the features must be combined to the greatest extent practical. Appurtenances such as hoods, caps, shields, coverings, spark arrestors, and similar functional devices or ornamental do-dads shall be contained within the limitations of this height exception. On structures other than a single-family or duplex residential building or an accessory building, all Chimneys, flues, vents, and similar venting apparatus should be set back from any Street facing façade of the building a minimum of twenty (20) feet and the footprint should be minimized and combined to the greatest extent practicable. b. Communications Equipment. Antennas, satellite dishes, and similar communications equipment and devices shall comply with the limitations of Section 26.575.130—Wireless Telecommunication Services Facilities and Equipment. 205 W. Main Street / HPC Major Development (PID# 273512454003) 20 May 2022 Page | 24 c. Elevator and Stair Enclosures. On structures other than a single-family or duplex residential building or an accessory building, elevator overrun enclosures and stair enclosures may extend up to five (5) feet above the specified maximum height limit. Elevator and stair enclosures may extend up to ten (10) feet above the specified maximum height limit if set back from any Street facing façade of the building a minimum of twenty (20) feet and the footprint of the elevators or stair enclosures are minimized and combined to the greatest extent practicable. For single-family and duplex residential buildings and for accessory buildings, elevator and stair enclosures are not allowed a height exception. d. Rooftop Railings. On any structure other than a single-family or duplex residential building, rooftop railings and similar safety devices permitting rooftop access may extend up to five (5) feet above the height of the building at the point the railing connects. To qualify for this exception, the railing must be the minimum reasonably necessary to provide adequate safety and building code compliance and the railing must be fifty percent (50%) or more transparent. All railings shall be set back from any Street facing facade of the building by an amount equal to the height of the railing. For single-family and duplex residential buildings, rooftop railings shall not be allowed a height exception. e. Mechanical Equipment. Heating, ventilation, and air conditioning systems, and similar mechanical equipment or utility apparatus located on top of a building may extend up to six (6) feet above height of the building at the point the equipment is attached. This allowance is inclusive of any pad the equipment is placed on, as well as any screening. Mechanical equipment shall be screened, combined, and co-located to the greatest extent practicable. On structures other than a single-family or duplex residential building or an accessory building, all mechanical equipment shall be set back from any Street facing façade of the building a minimum of fifteen (15) feet. f. Energy Efficiency or Renewable Energy Production Systems and Equipment. Energy efficiency systems or renewable energy production systems and equipment including solar panels, wind turbines, or similar systems and the system's associated equipment which is located on top of a building may extend up to five (5) feet above the height of the building at the point the equipment is attached. On any structure other than a single-family or duplex residential building or an accessory building, these systems may extend up to ten (10) feet above height of the building at the point the equipment is attached if set back from any Street facing façade of the building a minimum of twenty (20) feet and the footprint of the equipment is minimized and combined to the greatest extent practicable. Certain additional restrictions may apply pursuant to Chapter 26.412, Commercial Design Review. The height and placement of energy efficiency or production systems which are not located on top of a building (located independent of a building) shall be established by the Planning and Zoning Commission pursuant to the procedures and criteria of Chapter 26.430 - Special Review. (Also see setback requirements for these systems at Subsection (e)(5).) g. Church spires, bell towers and like architectural projections on Arts, Cultural and Civic buildings may extend over the height limit as may be approved pursuant to Commercial Design Review. h. Flag poles may extend over the specified maximum height limit. i. Exceptions for buildings on slopes. For properties with a slope that declines by ten percent (10%) or greater from the front lot line, the maximum height of a building's front (street-facing) facade may extend horizontally for the first ten (10) feet of the building's depth For properties located in the geographical area bounded by Durant Street, Main Street, Monarch Street and Original Street and have a maximum elevation change of three (3) feet, the maximum height measurement as determined from the highest point of the lot may extend the entire width or length of the lot. See Figure A, below, where "X'" is the measured height. j. Exceptions for lightwells and basement stairwells. A basement stairwell required by Building Code for egress shall not be counted towards maximum permissible height. On street facing facades the minimum size lightwell entirely recessed behind the vertical plane established by the 205 W. Main Street / HPC Major Development (PID# 273512454003) 20 May 2022 Page | 25 portion of the building façade(s) closest to any Street(s), and enclosed on all sides to within eighteen (18) inches of the first floor level (e.g. not a walk-out style light well) shall not be counted towards maximum permissible height. On non-street facing facades a lightwell that is no more than one hundred (100) square feet shall not be counted towards maximum permissible height. This exception does not apply to lightwells and stairwells that are located within a setback. For properties that contain an areaway that counts toward the pedestrian amenity requirement, the qualifying areaway shall not be counted towards maximum permissible height. See Figure B, below, where "X'" is the measured heights and "Y'" is not counted if the subgrade area counts as pedestrian amenity. The Historic Preservation Commission is authorized to grant an exception to height for lightwells larger than one hundred (100) square feet on historic landmark properties that contain a historic resource upon a finding that the following conditions are met: 1. Lightwell is not easily visible from the right-of-way. 2. Approval of the exemption supports the preservation of the historic resource. k. For commercial, lodge, or mixed-use buildings located in the Commercial Core (CC), Commercial (C-1), or Neighborhood Commercial (NC) zone districts, decorative, non-functional architectural elements such as a parapet, cornice, spire, pediment, are exempted from height measurement up to twenty-four (24) inches only if approved by the Planning and Zoning Commission or Historic Preservation Commission as part of a Commercial Design Review. This exemption shall not be combined with any other height exemptions. l. Permanent Rooftop Amenities. Permanent rooftop amenities, such as built-in wet bars, built-in barbeque grills, cabinets, sinks, fire pits, pools, hot tubs, etc. shall be permanently installed and shall meet the following height and setback requirements to qualify for a height exemption. This only applies to a mixed use, lodge, or commercial building located in the Commercial Core (CC) Zone District, Mixed Use (MU) Zone District, the Commercial (C-1) Zone District, the Lodge (l) Zone District, the Neighborhood Commercial (NC) Zone District, or the Commercial Lodge (CL) Zone District. Permanent rooftop amenities may extend up to five (5) feet above height of the building at the point the equipment is attached to the roof. This allowance is inclusive of any pad the equipment is placed on. A trellis with a maximum height of ten (10) feet and a maximum floor area of no more than five percent (5%) of the useable deck area is permitted. All permanent rooftop amenities shall be set back from any Street facing façade of the building by a minimum of ten (10) feet. m. Exceptions for skylight and light tubes. A skylight or light tube typical of industry standards and meeting minimum Building Code standards shall not be counted towards maximum permissible height. Building heights have been measured in accordance with these provisions and are shown on the accompanying architectural drawings. Height has been measured to the 1/3 point of the sloping roofs. The height for the historic resource is unchanged at approximately twenty (20) feet. The height for the three-story new construction meets the MU district height limitation of twenty-eight (28) feet, as specified for all uses other than duplex and single-family residences. (g) Measuring Site coverage. Site coverage is typically expressed as a percentage. When calculating site coverage of a structure or building, the exterior walls of the structure or building at ground level should be used. When measuring to the exterior walls, the measurement shall be taken from the exterior face of framing, exterior face of structural block, or similar exterior surface of the nominal structure excluding sheathing, vapor barrier, weatherproofing membrane, exterior-mounted insulation systems, and excluding all exterior veneer and surface treatments such as stone, stucco, bricks, shingles, clapboards or other similar exterior veneer treatments. Porches, roofs or balcony overhangs, cantilevered building elements and similar features extending directly over grade shall be excluded from maximum allowable site coverage calculations. Site coverage is not applicable in the MU zone district. 205 W. Main Street / HPC Major Development (PID# 273512454003) 20 May 2022 Page | 26 (h) Measurement of Demolition. The City Zoning Officer shall determine if a building is intended to be or has been demolished by applying the following process of calculation: At the request of the Zoning Officer, the applicant shall prepare and submit a diagram showing the following: (1) The surface area of all existing (prior to commencing development) exterior wall assemblies above finished grade and all existing roof assemblies. Not counted in the existing exterior surface area calculations shall be all existing fenestration (doors, windows, skylights, etc.). (2) The exterior surface area, as described above, to be removed. Wall area or roof area being removed to accommodate new or relocated fenestration shall be counted as exterior surface area being removed. (3) The diagram shall depict each exterior wall and roof segment as a flat plane with an area tabulation. Exterior wall assembly and roof assembly shall constitute the exterior surface of that element in addition to the necessary subsurface components for its structural integrity, including such items as studs, joists, rafters etc. If a portion of a wall or roof structural capacity is to be removed, the associated exterior surface area shall be diagrammed as being removed. If a portion of a wall or roof involuntarily collapses, regardless of the developer's intent, that portion shall be calculated as removed. Recalculation may be necessary during the process of development and the Zoning Officer may require updated calculations as a project progresses. Replacement of fenestration shall not be calculated as wall area to be removed. New, relocated or expanded fenestration shall be counted as wall area to be removed. Only exterior surface area above finished grade shall be used in the determination of demolition. Sub-grade elements and interior wall elements, while potentially necessary for a building's integrity, shall not be counted in the computation of exterior surface area. According to the prepared diagram and area tabulation, the surface area of all portions of the exterior to be removed shall be divided by the surface area of all portions of the exterior of the existing structure and expressed as a percentage. The Zoning Officer shall use this percentage to determine if the building is to be or has been demolished according to the definition in Section 26.104.100, Demolition. If portions of the building involuntarily collapse, regardless of the developer's intent, that portion shall be calculated as removed. It shall be the responsibility of the applicant to accurately understand the structural capabilities of the building prior to undertaking a remodel. Failure to properly understand the structural capacity of elements intended to remain may result in an involuntary collapse of those portions and a requirement to recalculate the extent of demolition. Landowner's intent or unforeseen circumstances shall not affect the calculation of actual physical demolition. Additional requirements or restrictions of this Title may result upon actual demolition. The major part of this proposed project is new construction. A small amount of demolition will occur for a non-historic portion of the historic resource. These calculations are therefore not required. (i) Measurement of Net Leasable Area and Net Livable Area. The calculation of net leasable area and net livable area shall include all interior space of a building measured from interior wall to interior wall, including interior partitions. Net leasable area and net livable area shall be attributed to the lot or parcel upon which it is developed. Net leasable area includes all interior areas which can be leased to an individual tenant with the exceptions noted below. Net livable area includes those areas of a building that are used or intended to be used for habitation with the exceptions noted below. Garages and carports are exempt from net leasable area and net livable area calculations. (1) Permanently installed interior airlock spaces are exempt from the calculation of net leasable space up to a maximum exemption of one hundred (100) square feet. Seasonal airlocks of more than ten (10) square feet, installed on the exterior of a building, shall be considered net leasable area and shall be subject to all requirements of the Land Use Code, including employee mitigation, prorated according to the portion of the year in which it is installed. (2) Unless specifically exempted through other provisions of this Title, outdoor displays, outdoor vending, and similar commercial activities located outside (not within a building) shall also be 205 W. Main Street / HPC Major Development (PID# 273512454003) 20 May 2022 Page | 27 included in the calculation of net leasable area. The calculation of such area shall be the maximum footprint of the display or vending apparatus. For vending carts or similar commercial activities requiring an attendant, the calculation shall also include a reasonable amount of space for the attendant. Exterior decks and exterior seating are not included in the calculation of net leasable area. Vending machines, gas pumps, and similar devices without an attendant shall not be considered net leasable area. The calculation of net leasable area and net livable area shall exclude areas of a building that are integral to the basic physical function of the building. All other areas are attributed to the measurement of net leasable commercial space or net livable area. When calculating interior stairways or elevators, the top most interior level served by the stairway or elevator is exempt from net livable or net leasable area calculations. Shared areas that count toward net leasable area and net livable area shall be allocated on a proportionate basis of the use category using the percentages that are generated pursuant to Section 26.575.020(d)(14) Allocation of non-unit space in a mixed use building. Examples: a. A broom closet of a minimum size to reasonably accommodate the storage of janitorial supplies for the entire building is considered integral to the physical function of the building and does not count toward net leasable area. b. A shared commercial storage area that is larger than needed for the basic functionality of the building counts toward net leasable area because it is useable by the businesses. c. A shared stairway and a shared circulation corridor (that access more than one (1) use) are integral to the physical function of the building and do not count in the measurement of net livable area or net leasable area. d. A stairway that is entirely within one (1) residential unit counts toward the measurement of net livable area. e. A private elevator that serves more than one (1) residential unit, and does not provide access to other uses, does not count toward the measurement of net livable area. f. A private elevator that serves only one (1) residential unit, and does not provide access to other uses, counts toward the measurement of net livable area. g. A shared mechanical room that is larger than the minimum space required to reasonably accommodate the mechanical equipment counts toward the measurement of net livable area or net leasable area as applicable. The area of the mechanical room that is the minimum size required for the mechanical equipment does not count in net livable area or net leasable area. (j) Exceptions for Energy Efficiency. The Community Development Director may approve exceptions to the dimensional restrictions of this Section to accommodate the addition of energy production systems or energy efficiency systems or equipment in or on existing buildings when no other practical solution exists. The Community Development Director must first determine that the visual impact of the exemption is minimal and that no other reasonable way to implement energy production or efficiency exists. The Director may require notice be provided to adjacent landowners. Approval shall be in the form of a recordable administrative decision. (k) Exceptions for Building Code Compliance. The Community Development Director may approve exceptions to the dimensional restrictions of this Section to accommodate improvements required to achieve compliance with building, fire, or accessibility codes in or on existing buildings when no other practical solution exists. The Community Development Director must first determine that the visual impact of the exemption is minimal and that no other reasonable way to implement code compliance exists. The Director may require notice be provided to adjacent landowners. Approval shall be in the form of a recordable administrative decision. (l) Appeals. An applicant aggrieved by a decision made by the Community Development Director regarding this Calculations and Measurements Section may appeal the decision to the Administrative Hearing Officer, pursuant to Chapter 26.316. 205 W. Main Street / HPC Major Development (PID# 273512454003) 20 May 2022 Page | 28 Net livable calculations have been provided in accordance with these provisions. Net livable floor area is provided for each of the nine (9) affordable housing units. No net leasable calculations are provided as this is not applicable to a 100% affordable housing development. Sec. 26.600. Impact Fees Sec. 26.610.010. Purpose and intent For residents and visitors, parks and recreation facilities make up a significant part of the community character of the City. As a result of growth, increased pressure is placed on existing parks and recreation facilities necessitating acquisition of new park lands and development of additional recreation facilities in order to maintain the current level of service. In order to maintain the current community standards for acquisition of open space and development of parks and recreation facilities, the City finds it necessary to impose a Park Development impact fee on new development. Transportation demand management and air quality capital facilities ensure the mobility of residents, workers and visitors through multi-modal solutions, as well as clean air for the community. The Aspen Area Community Plan directs the City to maintain traffic levels at or below 1993 levels in order to protect our environment and quality of life, and the City has invested in capital facilities to do so. As new development and growth occur, increased pressure is placed upon our existing facilities, necessitating expansion of these capital facilities to maintain the current level of service. In order to maintain the current community standards for transportation demand management and air quality, the City finds it necessary to impose a Transportation Demand Management/Air Quality impact fee on new development. This Chapter is enacted for the purpose of implementing the City's plans for capital facilities by requiring that new development pay for its fair share of such facilities through the imposition of impact fees that will be used to finance, defray or reimburse all or a portion of the costs incurred by the City to serve new development. Sec. 26.610.020. Applicability Unless expressly exempted, the Park Development impact fee and the Transportation Demand Management (TDM)/Air Quality impact fee shall be assessed upon all development within the City which contains residential floor area or net leasable commercial space. Sec. 26.610.030. Exemptions This Chapter does not apply to: (a) Development involving a property listed on the Aspen Inventory of Historic Landmark Sites and Structures. This exemption is solely for an historic structure and its accessory structures. Development on an historic landmark property involving a non-historic or new building shall not be exempt. Under this provision, a portion of the proposed development involving the floor area associated with the historic resource is exempt from these impact fees. This calculation can be provided on request. However, under other provisions relating to projects that provide 100% affordable housing, the Applicants are requesting full exemption from impact fees. This full exemption would be provided as part of the review and approvals granted by City Council. (b) Alteration, expansion or replacement of a structure which does not create additional floor area or net leasable commercial space. Not an applicable exemption. 205 W. Main Street / HPC Major Development (PID# 273512454003) 20 May 2022 Page | 29 Sec. 26.610.040. Definitions When used in this Chapter, the following words, terms and phrases, and their derivations, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning. Other words and terms shall be defined under the Definition section of this Title: Building permit means any City permit that involves increases in floor area, net leasable square footage and/or changes to land use. Capital facilities means land, structures or equipment for purposes of parks and recreation, transportation demand management and air quality. Capital facilities also includes design, engineering, inspection, testing, planning, legal review, land acquisition and all other costs associated with the construction or purchase of land, structures or equipment. Collection means the point at which the impact fee/charge is actually paid to the City. Floor Area and Net Leasable Commercial Space shall be as defined and calculated according the City of Aspen Land Use Code. Impact fee means a monetary exaction imposed by the City pursuant to this Chapter as a condition of or in connection with approval of a development project for the purpose of defraying all or some of the City's cost for capital facilities associated with that development project. Impose means to determine that a particular development project is subject to the collection of impact fees as a condition of development approval. New development or development project means any project undertaken for the purpose of development, including without limitation a project involving the issuance of a permit for construction, reconstruction or change of use but not a project involving the issuance of a permit to operate or to remodel, rehabilitate, reconstruct or improve an existing structure, which does not change the amount of floor area, amount of net leasable commercial space, density or intensity of use. Nonresidential development project means all development other than residential development projects. Residential development project means any development, inclusive of hotel development, undertaken to create a new dwelling/lodge unit or add additional floor area to an existing dwelling/lodge unit. Sec. 26.610.050. Imposition, calculation and collection of fees/charges (a) Imposition. Except as provided in this Chapter and any amendment to this Chapter, the City may impose impact fees as a condition of approval of all new development projects. (b) Updated annually. The base amount of each impact fee for each type of development project may be calculated annually and adopted by City Council ordinance. The City may choose to update its fee schedule based on the change in the Engineering News Record inflation index that occurs between annual updates. (c) Collection. Impact fees shall be collected by the Building Department at the time and as a condition for issuance of a building permit. Sec. 26.610.060. Impact fee accounts (a) Individual accounts. The City shall establish an impact fee account for each type of capital facility for which an impact fee is imposed. The impact fees collected shall be deposited in each such account according to type of improvement. The funds of the account shall not be commingled with other funds of the City. (b) Interest-bearing. Each impact fee account shall be interest-bearing, and the accumulated interest shall become part of the account. Sec. 26.610.070. Use of impact fee proceeds 205 W. Main Street / HPC Major Development (PID# 273512454003) 20 May 2022 Page | 30 Impact fees may be expended only for the type of capital facilities for which they were imposed, calculated and collected and according to procedures established in this Chapter. Impact fees may be used to pay the principal, interest and other costs of bonds, notes and other obligations issued or undertaken by or on behalf of the City to finance such improvements. Sec. 26.610.080. Credits (a) A property owner who dedicates land or improvements, agrees to participate in an improvement district or otherwise contributes funds for capital facilities as defined in this Chapter may be eligible for a credit for such contribution against the impact fee paid. (1) The City Council shall determine: a. The value of the developer contribution; b. Whether the contribution meets capital facilities' needs for which the particular impact fee has been imposed; and c. Whether the contribution will substitute or otherwise reduce the need for capital facilities anticipated to be provided with impact fee funds. In no event, however, shall the credit exceed the amount of the applicable impact fee. (b) When additional residential floor area, hotel floor area or net leasable commercial space are proposed after the demolition of a dwelling unit, lodge unit, or net leasable space, either individually or in combination, a credit for the existing floor area or net leasable space shall be credited towards the replacement development. A credit may only be allocated towards the development on the same individual lot or an adjacent lot within the same redevelopment, and cannot be assigned towards un- related development on a separate lot. (c) Any application for credit must be submitted on forms provided by the City before development project approval. The application shall contain a declaration under oath of those facts which qualify the property owner for the credit, accompanied by the relevant documentary evidence. (d) Total credits may not exceed the Impact Fee and a developer shall not be reimbursed by the City for new development which is smaller than the previous development. As this is a 100% affordable housing project, the applicant is requesting a waiver of all of the above-referenced impact fees. Sec. 26.610.090. Impact fees The following impact fees are the result of the "City of Aspen Impact Fee Study and Update of School Lands Dedication" study, which was sponsored by the City of Aspen and completed by BBC Research and Consulting on August 7, 2006. This study is available at the Community Development Department. On September 26, 2011, the Impact Fees were amended by the City of Aspen in order to make floor area the calculation variable instead of bedrooms. RRC Associates assisted with this effort. Impact fees are hereby established as follows: Table 610.1, Impact Fee Schedule Parks Development Fee 205 W. Main Street / HPC Major Development (PID# 273512454003) 20 May 2022 Page | 31 Residential and Hotel $5.45 per square foot of Floor Area Nonresidential $4.10 per square foot of Net Leasable Commercial Space TDM/Air Quality Fee Residential and Hotel $0.61 per square foot of Floor Area Nonresidential $0.46 per square foot of Net Leasable Commercial Space Notes: - An Accessory Dwelling Unit or Carriage House, as defined by and meeting the requirements of this Title, shall be calculated as additional floor area of the primary residence. - The calculation for hotel units shall include only the floor area associated with the individual lodging units. The calculation of Parks Development and TDM/Air Quality fees shall not include non-unit space. Sec. 26.610.100. Waiver of fees Whenever the City Council determines that any part of a proposed development constitutes an affordable housing development or an essential public facility, as defined by this Title, and wishes to subsidize the construction, the City Council may exempt that part of the development from the application of the impact fees or may reduce by any amount the fees imposed by this Chapter. As an economic development incentive, a lodging development may apply for a waiver of the impact fees. An application for a waiver must be made and acted upon by the City Council prior to the submission of a building permit application. Retroactive waivers are not permitted. As this is a 100% affordable housing project, the applicant is requesting a waiver of all of the above-referenced impact fees. Sec. 26.610.110. Appeals Prior to issuance of a building permit, the applicant may challenge the imposition of a fee imposed pursuant to this Chapter by filing with the Community Development Director a written notice of appeal as provided in Section 26.316.030, Appeals procedures, with a full statement of the grounds and an appeal fee as may be fixed from time to time by ordinance by the City Council. The City may continue processing the building permit application. If the building permit is available for issuance by the City and the appeal has not been heard, the building permit may be issued if a bond or other security in an amount equal to the challenged/unpaid portion of the impact fee/charge is provided to the City. The appeal shall be heard by the City Council. Sec. 26.620. School Land Dedication Sec. 26.620.010. Purpose and intent The Aspen School District requires land for necessary school functions which may include, but are not limited to, school buildings, support facilities, open space and recreation areas and housing for employees 205 W. Main Street / HPC Major Development (PID# 273512454003) 20 May 2022 Page | 32 and their immediate families. The purpose of this provision is to ensure that, as development occurs and enrollment in the schools grows, the current level of service provided to students can be maintained. This is accomplished by the adoption of standards for new development to provide land, or cash in lieu thereof, to the City, for use by the Aspen School District. The standards are based on the number of students the development generates and the current level of service standard within the Aspen School District for land area provided per student. Sec. 26.620.020. Applicability Unless expressly exempted, the school land dedication standard shall be assessed upon all development within the City which contains residential dwelling units. Sec. 26.620.030. Exemptions Any development considered nonresidential development, as defined by this Chapter, is exempt from the school land dedication. Sec. 26.620.040. Definitions When used in this Chapter, the following words, terms and phrases, and their derivations, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: Building permit means any City permit that increases residential floor area and/or changes of land use. Collection means the point at which land or a cash payment in lieu is actually transferred or paid to the City. Floor Area shall be defined and calculated according to the City of Aspen Land Use Code. Impose means to determine that a particular development project is subject to the collection of a land dedication as a condition of development approval. Land dedication means a land exaction imposed by the City pursuant to this Chapter as a condition of or in connection with approval of a development project for the purpose of defraying all or some of the Aspen School District's cost for capital facilities associated with that development project. New development or development project means any project undertaken for the purpose of development, including without limitation, a project involving the issuance of a permit for construction, reconstruction or change of use but not a project involving the issuance of a permit to operate or to remodel, rehabilitate, reconstruct or improve an existing structure, which does not change the amount of floor area. Nonresidential development project means all development other than residential development. Residential development project means any development undertaken to create a new dwelling unit or to add additional floor area to an existing dwelling unit, excluding hotel units. Sec. 26.620.050. Imposition, calculation and collection of dedications (a) Imposition. Except as provided in this Chapter and any amendment to this Chapter, the City may impose a school land dedication as a condition of approval of all new development projects. All lands dedicated to the City pursuant to this Section shall be held by the City for the Aspen School District, until such time as they shall be requested by the School District for school purposes. The Aspen School District shall be responsible for maintenance of said lands in a reasonable manner while they are being held by the City. (b) Collection. Land dedications shall be finalized and completed prior to building permit application. A cash payment in lieu, however, shall be collected by the Building Department at the time and as a condition for issuance of a building permit. (1) Funds. All funds collected pursuant to this Chapter shall be transferred by the Community Development Director to the Finance Director. All funds so collected shall be properly identified and promptly deposited in a designated account. Funds withdrawn from this fund shall be used exclusively for the purposes specified herein. 205 W. Main Street / HPC Major Development (PID# 273512454003) 20 May 2022 Page | 33 (2) City shall transfer funds to School District. Funds collected pursuant to this Chapter shall be remitted monthly to the Aspen School District. The Aspen School District shall deposit said funds into an interest-bearing account authorized by law. The Aspen School District shall be the owner of the funds in the account, but the signature of the chief financial officer of the Aspen School District, or his or her designee, and the signature of the Finance Director of the City shall be required for the withdrawal of monies from the account. (3) Administrative Fee. The City shall be entitled to retain two percent (2%) of the funds collected to compensate it for its administrative expenses of collecting the fees. Said fees shall be deposited in the City's general revenue fund to be expended as the City shall determine in its sole discretion. (c) Updated Annually. The land dedication standard imposed may be updated annually and adopted by City Council ordinance. Sec. 26.620.060. Procedures for land dedication and/or cash payment (a) Land Dedication/Cash-in-lieu Acceptance. Acceptance of the lands to be dedicated shall be at the discretion of the City Council. (1) Form. A land dedication requirement of three thousand (3,000) square feet of land may automatically be met through a cash-in-lieu of dedication payment. A land dedication requirement of three thousand (3,000) square feet or more may be met through dedication of land or through a cash-in-lieu of land dedication payment at the discretion of City Council. (2) Criteria for Land Acceptance. Prior to acceptance of land, the City shall consider the comments of the Aspen School District to determine whether the lands proposed to be dedicated are of adequate size and can be suitably developed for school purposes or whether the lands have the capability of being sold, with the proceeds being used for school purposes. The City shall also consider the probable impacts on neighboring properties of the development of the lands for school purposes. When the lands proposed to be dedicated are not adequate or suitable for school purposes and cannot feasibly be sold, the City shall require a cash payment in lieu of the land dedication. (3) Timing. Payment of cash-in-lieu of a land dedication shall be made to the City prior to and on a proportional basis to the issuance of any building permits for the residential dwelling units. Lands to be dedicated to the City to fulfill the standards of this Chapter shall be identified on a subdivision plat and shall be dedicated to the City prior to and on a proportional basis to the issuance of any building permits for the residential dwelling units. Sec. 26.620.070. Land dedication and cash-in-lieu fees (a) The following land dedication is the result of the "City of Aspen Impact Fee Study and Update of School Lands Dedication" study, which was sponsored by the City and completed by BBC Research and Consulting on August 7, 2006. This study is available at the Community Development Department. The land dedication was amended on September 26, 2011 to implement a change that began using floor area as a basis of calculation instead of bedrooms. RRC Associates assisted with the change. The current land area required per student equals eight hundred ninety-six (896) square feet. Table 620.1 provides the student generation rates as follows: Table 620.1, Student Generation Rates 205 W. Main Street / HPC Major Development (PID# 273512454003) 20 May 2022 Page | 34 Floor area (square feet) per dwelling unit Student Generation Rate First 1,200 .000064 students per square foot of Floor Area. 1,200—2,100 .000404 students per square foot of Floor Area. 2,100—3,500 .000031 students per square foot of Floor Area. Above 3,500 0 Notes: - The calculation of the School Land Dedication shall be assessed per dwelling unit. For example, duplex dwelling units do not combine their floor area for one calculation. - An Accessory Dwelling Unit or Carriage House, as defined by and meeting the requirements of this Title, shall be calculated as additional floor area of the primary dwelling it is associated with. - When redevelopment of a property adds floor area, the difference between the generation rates of the existing floor area and the proposed floor area shall be the basis for determining the number of students generated. No refunds shall be provided if Floor Area is reduced. - When demolition is proposed, the redevelopment shall be credited the floor area from the demolished residential dwelling unit. Credit from a demolished dwelling unit cannot be allocated to more than one replacement dwelling unit or to development on a different lot. Figure 620.1, School Land Dedication Calculation 896 square feet - Land Area per Student Standard multiplied by Total Students Generated - Provided in Table 620.1, Student Generation Rates equals Total Square Feet to be Dedicated (b) Cash payment in lieu. An applicant may make a cash payment in lieu of dedicating land to the City, or may make a cash payment in combination with a land dedication, to comply with the standards of this Chapter. Because of the extraordinary cost of land within the City, the School District and the City agreed to require payment of a cash-in-lieu amount which is less than the full market value of the land area. The formula to determine the amount of cash-in-lieu payment for each residential dwelling unit is as follows: No actual land dedication is proposed as part of this application. The Applicant understands that a land dedication cash-in-lieu may not carry an exemption for a 100% affordable housing project. Nonetheless, the Applicant requests that City Council consider an exemption from cash-in-lieu or dedication requirements for this 100% affordable housing project. Absent any exemption, a calculation will be provided for a cash-in-lieu payment using the table as provided above. Figure 620.2, Cash-in-Lieu Formula Total Square Feet to be Dedicated multiplied by Per-Square-Foot Value of Land Being Developed (see below for value substantiation) multiplied by 205 W. Main Street / HPC Major Development (PID# 273512454003) 20 May 2022 Page | 35 Percentage of Fee to be Charged - 33% (.33) equals Cash-in-Lieu Payment Figure 620.3, Cash Payment in Lieu Example The following example provides a development scenario to display how the fee is calculated. The scenario includes a new 3,200 sq. ft. (floor area) single-family residential home on a 6,000 sq. ft. lot with an actual lot value of $2,400,000.00. The per square foot lot value is $400.00. Floor Area Students Generated 3,200 (first 1,200 sq. ft. × .000064) .077 (next 900 sq. ft. × .000404) .364 (remaining 1,100 sq. ft. × .000031) .034 Total Student Generation Rate .475 Land Dedication Calculation Land Area per Student Standard (sq. ft.) 896 multiplied by Total Students Generated (from above calculation) .475 equals Total Square Feet to be Dedicated 425.6 When calculating a cash payment in lieu of a land dedication (assuming a total land value of $2,400,000.00 for a 6,000-square-foot lot containing the dwelling unit), the following calculation would be used to determine the cash payment in lieu: Market Value of Land per sq. ft. $400 per sq. ft. 205 W. Main Street / HPC Major Development (PID# 273512454003) 20 May 2022 Page | 36 multiplied by Total Square Feet to be Dedicated 425.6 multiplied by Percentage of Fee to be Charged - 33% 0.33 equals Cash Payment in Lieu $56,179.20 The Applicant understands the nature of the formula provided above and will provide an appropriate calculation if an exemption is not approved. Sec. 26.620.080. Appeals (a) Prior to issuance of a building permit, the applicant may challenge the imposition of a land dedication imposed pursuant to this Chapter by filing with the Community Development Director a written notice of appeal as provided in Section 26.316.030, Appeals procedures, with a full statement of the grounds and an appeal fee as may be fixed from time to time by ordinance by the City Council. The City may continue processing the building permit application. If the building permit is available for issuance by the City and the appeal has not been heard, the building permit may be issued if a bond or other security in an amount equal to the challenged/unpaid portion of the land dedication is provided to the City. The appeal shall be heard by the City Council. If any exemption is not provided for the requirements of this Section, the Applicant may file a written notice of appeal as provided for in the sub-section above. This notice would be provided prior to the issuance of a building permit. Sec. 26.710.180. Mixed Use (MU) Zone District (a) Purpose. The Mixed Use (MU) zone serves as a transition from the more intense commercial areas of the CC and C-1 zones, and the residential and lodging zones surrounding Main Street. By allowing for a mix of commercial and residential uses and smaller-scale development, the Mixed Use zone reflects Aspen's historic character and provides different economic and residential opportunities from more traditional commercial zones. Particularly along Main Street, the Mixed Use zone serves as a buffer from the traffic of Highway 82 while allowing for smaller scale commercial and residential opportunities. Buildings in the Mixed Use zone consist primarily of commercial, service and office uses on the ground floor, and residential and office uses on upper floors and off of the primary street frontage. Uses in the MU zone should not erode the character of the neighborhood or create excessive impacts to the surrounding residential and lodging zone. Standalone residential uses are permitted on properties as a reflection of the historic residential nature of the zone district. (b) Permitted uses. The following uses are permitted as of right in the Mixed-Use (MU) Zone District: (1) On historic landmark properties: Bed and breakfast. (2) General retail uses. 205 W. Main Street / HPC Major Development (PID# 273512454003) 20 May 2022 Page | 37 (3) Specialty retail uses. (4) Restaurant, bar and entertainment uses. (5) Service uses. (6) Office uses. (7) Lodging. (8) Arts, cultural, civic and community uses. (9) Public uses. (10) Recreational uses. (11) (Academic uses. (12) Affordable multi-family residential. (13) Free-market multi-family housing is permitted in a mixed use building if the housing was legally established (having received a Certificate of Occupancy, Development Order, or applied for a Development Order) prior to Ordinance 29, Series 2016. No new Free-Market Residential Units may be established in mixed-use buildings. (14) Free-market multi-family residential when a stand-alone use, or in conjunction with affordable multi-family residential. (15) Single-family residence, Duplex residence, or two (2) detached single-family residences. Accessory dwelling unit in a separate building accessed off the rear of a lot as an accessory use. (16) Home occupations. (17) Accessory uses and structures. (18) Storage accessory to a permitted use. (19) Vacation rentals. Pursuant to Section 26.575.220. The proposed development of 100% affordable housing is a permitted use in the MU zone district as provided in number 12 above. (c) Conditional uses. The following uses are permitted as conditional uses in the Mixed-Use (MU) Zone District, subject to the standards and procedures established in Chapter 26.425: (1) Commercial parking facility, pursuant to Chapter 26.515. (2) Automobile showroom and dealership. (3) Formula uses in the Main Street Historic District, subject to the provisions contained in Section 26.425.045. (4) Lodge, Boutique. Condition use approval is not required for this application. (d) Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Mixed-Use (MU) Zone District. The dimensional standards and allotments provided in this Section for commercial and mixed-use developments are the maximum allowable for the zone and may not be achieved for all developments. Site constraints, historic resources, on- site mitigation and replacement requirements, and other factors may prevent development from achieving some or all of the maximum allowable dimensional standards. (1) Minimum Gross Lot Area (square feet): Three thousand (3,000). The Property consists of a gross lot area of 7,500 SF, so this requirement is met. (2) Minimum Net Lot Area per dwelling unit (square feet): a. Detached residential dwellings: Four thousand five hundred (4,500). Three thousand (3,000) for historic landmark properties. b. Duplex dwellings (square feet): Four thousand five hundred (4,500). Three thousand (3,000) for historic landmark properties. c. All other uses: Not applicable. Not applicable for an affordable housing project. 205 W. Main Street / HPC Major Development (PID# 273512454003) 20 May 2022 Page | 38 (3) Minimum lot width (feet): Thirty (30). This requirement is met. (4) Minimum front yard setback (feet): Ten (10), which may be reduced to 5, pursuant to Special Review, Chapter 26.430. (5) Minimum side yard setback (feet): Five (5). (6) Minimum rear yard setback (feet): Five (5). These requirements are met. No reductions are requested. (7) Minimum utility/trash/recycle area: Pursuant to Chapter 12.06. A trash/recycling area will be provided meeting all requirements of the Code. See next section of these code responses. (8) Maximum height: a. Detached residential and duplex dwellings: Twenty-five (25) feet. b. All other uses: Twenty-eight (28) feet. All new construction will meet the 28-foot height limit requirement. (9) Minimum distance between buildings on the lot (feet): Ten (10). This requirement has been met. (10) Pedestrian amenity space: Pursuant to Section 26.412 . Not applicable. Pedestrian amenity space is not required for a 100% residential project. (11) Floor Area Ratio (FAR): a. The following FAR schedule applies to uses cumulatively and individually when part of a commercial, lodging, or mixed-use development, as follows: Use Maximum (allowed by right) Maximum by special review (see Subsection 26.430.040(a)) Main Street Historic District All Other Locations Cumulative total of all uses 1:1 1.25:1 1.5:1 Commercial 1:1 1.25:1 1.5:1 Civic 1:1 1.25:1 1.5:1 Lodging 0.75:1 1:1 1:1 Affordable Housing No limitation other than cumulative total of all uses 205 W. Main Street / HPC Major Development (PID# 273512454003) 20 May 2022 Page | 39 b. The following FAR schedule applies to affordable housing and free-market residential uses when developed as the only use of the parcel: 1. Affordable Housing, multi-family housing: Limited to cumulative total outlined in Section 26.710.180(d)(11)a, above. 2. Free-market, affordable housing: 0.5:1, which may be increased to 0.75:1 if affordable housing floor area equal to one hundred percent (100%) of the free-market residential floor area is developed on the same parcel. For an affordable housing project, this 7,500 SF property would carry a maximum floor area ratio of 1:1 or 7,500 SF by right. With Special Review, as provided in the Land Use Code, the floor area ration may be increased to 1.25:1. This would provide an allowable floor area of 9,587.5 SF. The proposed floor area in this application is 7,939 SF or slightly above the 1:1 standard FAR limitation. Therefore, the applicant is requesting Special Review to allow for a higher floor area ratio. The proposed floor area ratio would become 1.1:1 as part of this request. It should be noted that minor floor area and FAR changes may result as part of the land use and building permit reviews. c. The following FAR schedule applies to single-family and duplex uses when developed as the only use of the parcel: 1. Detached residential and duplex dwellings established prior to the adoption of Ordinance No. 7, Series of 2005: One hundred percent (100%) of the allowable floor area of an equivalent-sized lot located in the R-6 Zone District. (See R-6 Zone District.) Receipt of a development order shall constitute the date the use was established. Replacement after demolition shall not effect a new establishment date for the purposes of this Section. City historic transferable development rights shall not permit additional floor area for detached residential and duplex dwellings. 2. Detached residential and duplex dwellings established after the adoption of Ordinance No. 7, Series of 2005: Eighty percent (80%) of the allowable floor area of an equivalent- sized lot located in the R-6 Zone District. (See R-6 Zone District.) City historic transferable development rights shall not permit additional floor area for detached residential and duplex dwellings. Not applicable to this application. (12) Maximum multi-family residential dwelling unit size (square feet): a. Category 1-7 Affordable multi-family housing: No limitation. b. Resident Occupied Affordable multi-family housing: Individual units shall be limited to two thousand (2,000) square feet of net livable area. c. Free-Market multi-family housing: Individual units shall be limited to two thousand (2,000) square feet of net livable area. Combination of Free-Market residential units is permitted, but subject to the net livable size limitations herein, as well as other provisions of this Title. d. Expansions Allowed: Notwithstanding the above, individual multi-family unit sizes may be increased by extinguishing Historic Transferable Development Right Certificates ("certificate" or "certificates"), subject to the following: 1. The transfer ratio is five hundred (500) square feet of net livable area for each certificate that is extinguished. 2. The additional square footage accrued may be applied to multiple units. However, the maximum individual unit size attainable by transferring development rights is two thousand five hundred (2,500) square feet of net livable area (i.e., no more than five hundred (500) additional square feet may be applied per unit). 3. This incentive applies only to individual unit size. Transferring development rights does not allow an increase in the Floor Area Ratio (FAR) of the lot or the use. 205 W. Main Street / HPC Major Development (PID# 273512454003) 20 May 2022 Page | 40 There is no limitation to unit size for affordable multi-family housing. However, the actual unit sizes proposed here are generally equivalent to the minimum requirements as provided by APCHA for 2- and 3-bedroom units. (13) Commercial/residential ratio: When development includes mixed-uses, the total residential net livable area shall be no greater than one hundred fifty percent (150%) the total commercial net leasable and lodging net livable area located on the same parcel. Not applicable. (e) Compliance with City of Aspen Charter. Any property located east of Castle Creek that was in the Mixed-Use (MU) zone district on January 1, 2015, is subject to the provisions of Article XIII Section 13.14, Voter authorization of certain land use approvals, of the City of Aspen Charter. Not applicable. Sec. 12.10.050. Trash Storage Space Required for Multi-Family Developments All Multi-Family development within the Applicability Section 12.10.020 must provide adequate space for trash and recycling storage by meeting the following standards. (a) Adequate space for Multi-Family Developments is defined as follows: (1) Multi-Family Developments including ten (10) or fewer dwelling units shall provide a minimum of twelve (12) linear feet for trash and recycling storage. The required area shall have a minimum vertical clearance of ten (10) feet and a minimum depth of ten (10) feet at ground level. (2) Multi-Family Developments including more than ten (10) and fewer than thirty (30) dwelling units shall provide an additional one and a half (1.5) square feet for each additional dwelling unit over ten (10), in addition to the required one hundred and twenty (120) square feet described in Section 12.10.050(a)(2) above. (3) Multi-Family Developments that include thirty (30) or more dwelling units shall provide a minimum of one hundred fifty (150) square feet of space for trash and recycling storage plus an additional one hundred fifty (150) square feet for every increment of thirty (30) additional units over fifty-nine (59). This space may be located in a central collection area or may be divided into smaller collection areas located in different locations throughout the property. If smaller, separate collection areas are planned, no single area may measure fewer than one hundred and twenty (120) square feet. As a multi-family development containing nine (9) dwelling units, the project will provide a minimum of twelve (12) linear feet by ten (10) feet deep, or 120 SF for trash and recycling storage. Vertical clearance shall be a minimum of ten (10) feet. (b) The required area shall not be used for parking or as vehicular access to a parking area. The required area will not be used for parking or as vehicular access to a parking area. See the architectural plans provided with this application. (c) The area may be used for utility equipment storage if approved by both the City of Aspen Utility Department and Environmental Health Department. Any possible use for utility equipment will be determined at Final Application. 205 W. Main Street / HPC Major Development (PID# 273512454003) 20 May 2022 Page | 41 (d) The trash and recycling areas shall be accessible to all tenants within the development in a manner that meets the requirements of the International Building Code Chapters 10 and 11 as adopted and amended by the City of Aspen. Alleyways (vehicular rights-of-way) may not be used as pathways (pedestrian rights-of-way) to meet the requirements of the International Building Code. The trash and recycling area are available to all tenants and are accessible from within the proposed development. (e) If a separate storage area for recyclable materials is provided it shall be located adjacent to the trash collection area and must be approved by Special Review pursuant Section 12.10.080. The storage and collection of waste and recyclables should be designed to complement each other and to operate as one (1) system. No separate storage area is proposed for recyclable materials. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020 LAND USE APPLICATION APPLICANT: REPRESENTIVATIVE: Description: Existing and Proposed Conditions Review: Administrative or Board Review Required Land Use Review(s): Growth Management Quota System (GMQS) required fields: Net Leasable square footage Lodge Pillows Free Market dwelling units Affordable Housing dwelling units Essential Public Facility square footage Have you included the following? FEES DUE: $ Pre-Application Conference Summary Signed Fee Agreement HOA Compliance form All items listed in checklist on PreApplication Conference Summary Name: Address: Phone#: email: Address: Phone #: email: Name: Project Name and Address: Parcel ID # (REQUIRED) CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020 DIMENSIONAL REQUIREMENTS FORM Complete only if required by the PreApplication checklist Project and Location Applicant: Zone District: Gross Lot Area: Net Lot Area: **Please refer to section 26.575.020 for information on how to calculate Net Lot Area Please fill out all relevant dimensions Single Family and Duplex Residential 1) Floor Area (square feet) 2) Maximum Height 3) Front Setback 4) Rear Setback 5) Side Setbacks 6) Combined Side Setbacks 7) % Site Coverage Existing Allowed Proposed Multi-family Residential 1) Number of Units 2) Parcel Density (see 26.710.090.C.10) 3) FAR (Floor Area Ratio) 4) Floor Area (square feet) Existing Allowed Proposed 8) Minimum distance between buildings Proposed % of demolition ϱͿMaximum Height ϲͿFront Setback ϳͿRear Setback ϴͿSide Setbacks Proposed % of demolition Commercial Proposed Use(s) Existing Allowed Proposed 1) FAR (Floor Area Ratio) 2) Floor Area (square feet) 3) Maximum Height 4) Off-Street Parking Spaces 5) Second Tier (square feet) 6) Pedestrian Amenity (square feet) Proposed % of demolition Existing non-conformities or encroachments: Variations requested: Lodge Additional Use(s) 1) FAR (Floor Area Ratio) 2) Floor Area (square feet) 3) Maximum Height 4) Free Market Residential(square feet) 4) Front setback 5) Rear setback 6) Side setbacks 7) Off-Street Parking Spaces 8) Pedestrian Amenity (square feet) Proposed % of demolition Existing Allowed Proposed 205 W. Main Street HPC Major Development Conservation Housing Partners LLC MU 7,500 SF 7,500 SF 7,939 SF7,500 SF 28' 2 9 NA 1 : 1 1.1 : 1 28' 10'10' 5'5' 5' NA None Special review for Floor Area, Reduction of Parking (2 spaces), and percentage AH unit subgrade 5' Pitkin Maps & More 1,128 188.1 Legend 1: WGS_1984_Web_Mercator_Auxiliary_Sphere Feet0188.194.04 Notes THIS MAP IS FOR INFORMATIONAL PURPOSES. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content represented. Map Created on 12:35 PM 05/19/22 at http://www.pitkinmapsandmore.com Driveway State Highway Road Centerline 4K Primary Road Secondary Road Service Road Full Address Parcel Boundary Town Boundary Federal Land Boundary BLM State of Colorado USFS Report Created: 5/19/2022 12:37:50 PM Parcel ID: 273512454003Pitkin County Community Development Report Library District School District Fire District Water District Within 1/4 Mile of Sewer Service Sewer System Historic District Zone District Overlays Master Plan Area Caucus Land Use Category 2226 Sq. FeetImprovements Assessor's Information Township, Range, Section 7405.2 Sq. Feet 205 W MAIN ST Aspen GIS Parcel Size Address (Assessor's Records) Jurisdiction Services Boundaries Property Information 1112: Residential-Single Family Residence Aspen Consolidated Sanitation District City of Aspen Water Service Area Aspen Fire Protection District Aspen School District No. 1 (RE) Pitkin County Library Not within a Caucus Area AACP No Zoning Overlay on this parcel Main Street Historic District Address (GIS Points)205 W MAIN ST 605 W MAIN ST #2 ASPEN, CO 81611 R000276 CONSERVATION HOUSING PARTNERS LLCOwner Account Owner Address T:10, R:85, S:12 Subdivision: CITY AND TOWNSITE OF ASPEN Block: 52 Lot: H AND:- Lot: I & E 15' OF LOT G Legal Description No Zoning District on this parcelZone District Brush Creek-Roaring Fork River Woody Creek-Roaring Fork River A: Low Hazard No Scenic View designation No Creeks or Rivers within 100 feet Watershed Subbasin Watershed Drainage Wildfire Scenic Floodplain Within 100 Feet of Creek or River Historic District Zone District Overlays Environmental Areas Address Retired Parcel Documents Parcel 273512454003 205 W MAIN ST Main Street Historic District No Retired Pitkin County GIS presents the information and data on this report as a service to the public. Every effort has been made to ensure that the information and data contained in the report is accurate, but the accuracy may change. The information maintained by the County may not be complete as to mineral estate ownership and that information should be determined by separate legal and property analysis. http://www.pitkinmapsandmore.com Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content at this site or at other sites to which we link. Assessing accuracy and reliability of information and data is the sole responsibility of the user. The user understands he or she is solely responsible and liable for use, modification, or distribution of any information or data obtained on this web site. Disclaimer Data is presented in WGS 1984 Web Mercator. Size, shape, measurement and overlay of features may be distorted. In some cases, multiple results could be valid; for example, Zoning. In other cases, a parcel may cross over the boundary of more than one data area, for example, multiple Precincts. Visit the Pitkin County GIS Department at DRAWING ISSUE DRAWN BY: PROJECT No:2125 CPF DUE DILIGENCE 2021-08-26 CONCEPTUAL 2021-10-21 HPC APPLICATION 2022-05-12 20 5 W E S T M A I N | A S P E N C O 20 5 W E S T M A I N All ideas, designs, arrangements and plans indicated or represented by this drawing are owned by and are the property of David Johnston Architects, PC and developed for use and in conjunction with the specified project. None of the ideas, designs, arrangements or plans shall be used by or disclosed for any purposewhatsoever without the written authorization of David Johnston Architects, PC. 119 South Spring St. Suite 203 Aspen, CO 81611 970-925-3444 970-920-2186 TEL FAX A1.01 SITE PLAN | EXISTING | 1:10 AF F O R D A B L E H O U S I N G Sheet No. SCALE: 1' = 1'-0"1 SITE PLAN | EXISTING | 1:10 0 1/2'' 1'' 2'' 1 205 WEST MAIN HOUSING 205 WEST MAIN | ASPEN CO 205 WEST MAIN HOUSING | 205 WEST MAIN | ASPEN CO DRAWING ISSUE DRAWN BY: PROJECT No:2125 CPF DUE DILIGENCE 2021-08-26 CONCEPTUAL 2021-10-21 HPC APPLICATION 2022-05-12 20 5 W E S T M A I N | A S P E N C O 20 5 W E S T M A I N All ideas, designs, arrangements and plans indicated or represented by this drawing are owned by and are the property of David Johnston Architects, PC and developed for use and in conjunction with the specified project. None of the ideas, designs, arrangements or plans shall be used by or disclosed for any purposewhatsoever without the written authorization of David Johnston Architects, PC. 119 South Spring St. Suite 203 Aspen, CO 81611 970-925-3444 970-920-2186 TEL FAX A1.01 SITE PLAN | EXISTING | 1:10 AF F O R D A B L E H O U S I N G Sheet No. SCALE: 1' = 1'-0"1 SITE PLAN | EXISTING | 1:10 0 1/2'' 1'' 2'' DRAWING ISSUE DRAWN BY: PROJECT No:2125 CPF DUE DILIGENCE 2021-08-26 CONCEPTUAL 2021-10-21 HPC APPLICATION 2022-05-12 20 5 W E S T M A I N | A S P E N C O 20 5 W E S T M A I N All ideas, designs, arrangements and plans indicated or represented by this drawing are owned by and are the property of David Johnston Architects, PC and developed for use and in conjunction with the specified project. None of the ideas, designs, arrangements or plans shall be used by or disclosed for any purposewhatsoever without the written authorization of David Johnston Architects, PC. 119 South Spring St. Suite 203 Aspen, CO 81611 970-925-3444 970-920-2186 TEL FAX A1.02 SITE PLAN | PROPOSED | 1:10 AF F O R D A B L E H O U S I N G Sheet No. N DNDNUP DN DN DN DN DN UP 19 ' - 0 " PROPOSED TRASH ENCLOSURE FOOTPRINT UTILITY METERS PLANTING BED PLANTING BED PLANTING BED PLANTING BED LAWN LAWN LAWN LAWN LAWN EXISTING PARKING -TO BE REMOVED W. MAIN STREET 100.00' PUBLIC R.O.W. S. F I R S T S T R E E T 75 .45 ' PU B L I C R.O.W. S 75°09'11" E 75.00' (R) S 14 °50 '49 " W 10 0 .00 ' (R) N 75°09'11" W 75.00' (R) ss ALLEY BLOCK 52 21.01' PUBLIC R.O.W. LIGHT WELL LIGHT WELL LIGHT WELL LIGHT WELL LIGHT WELL LIGHT WELL TRASH ELEV. UNIT 101 UNIT 102 UNIT 103 UNIT 104 UNIT 105 PR O P E R T Y L I N E A L L E Y SE T B A C K SE T B A C K CONCRETE SIDEWALK PROPERTY LINE PROPERTY LINE SETBACK PR O P E R T Y L I N E 11'-3"5'-0"9'-0"9'-0"9'-0"9'-0"9'-0"9'-0" BBQ BENCH BENCH SETBACK SCALE: 1" = 10'1 SITE PLAN | PROPOSED | 1:10 05'10' 20' DRAWING ISSUE DRAWN BY: PROJECT No:2125 CPF DUE DILIGENCE 2021-08-26 CONCEPTUAL 2021-10-21 HPC APPLICATION 2022-05-12 20 5 W E S T M A I N | A S P E N C O 20 5 W E S T M A I N All ideas, designs, arrangements and plans indicated or represented by this drawing are owned by and are the property of David Johnston Architects, PC and developed for use and in conjunction with the specified project. None of the ideas, designs, arrangements or plans shall be used by or disclosed for any purposewhatsoever without the written authorization of David Johnston Architects, PC. 119 South Spring St. Suite 203 Aspen, CO 81611 970-925-3444 970-920-2186 TEL FAX A1.03 FAR AF F O R D A B L E H O U S I N G Sheet No. UP DNUP DN DECK 34.10 sq ft DECK 34.10 sq ft DN DNDNPP #201-3 BED AH UNIT 1,157.15 sq ft #202-3 BED AH UNIT 1,251.39 sq ft #101-3 BED AH UNIT 383.23 sq ft DECK 236.65 sq ft STORAGE 20.49 sq ft STORAGE 21.61 sq ft DECK 69.19 sq ft UP DECK 34.26 sq ft DECK 34.26 sq ft DECK 37.61 sq ft #302-3 BED AH UNIT 1,118.28 sq ft #301-2 BED AH UNIT 964.02 sq ft STORAGE 23.18 sq ft STORAGE 23.19 sq ft DECK 136.49 sq ft DNUP DN UP DN UP 12 13 14 15 16 1718 19 23 9 1 4 7 2 3 5 6 11 10 8 20 21 22 DECK 34.68 sq ft UP NNNN DNNN UP DNUP t #105-2 BED AH UNIT 546.17 sq ft #103-2 BED AH UNIT 533.91 sq ft #104-2 BED AH UNIT 544.02 sq ft #101-3 BED AH UNIT 555.07 sq ft #102-2 BED AH UNIT 496.02 sq ft DECK 58.98 sq ft STORAGE 15.07 sq ft MECH. 66.80 sq ft EGRESS 93.44 sq ft STORAGE 14.95 sq ft STORAGE 15.75 sq ft DNDNUP DN DN DN DN UP DECK 27.07 sq ft DN DN DN P DN #105-2 BED AH UNIT 525.60 sq ft #103-2 BED AH UNIT 514.42 sq ft #104-2 BED AH UNIT 505.72 sq ft DECK 64.81 sq ft #101-3 BED AH UNIT 445.59 sq ft #102-2 BED AH UNIT 479.67 sq ft STORAGE 18.24 sq ft STORAGE 18.24 sq ft F.A.R. SCHEDULE UNIT# 101 102 103 104 105 201 202 301 302 DECK EGRESS MECH. LEVEL LOWER MAIN LEVEL MAIN LEVEL SECOND LEVEL LOWER MAIN LEVEL MAIN LEVEL LOWER LOWER MAIN LEVEL LOWER LOWER MAIN LEVEL LOWER LOWER MAIN LEVEL SECOND LEVEL SECOND LEVEL SECOND LEVEL SECOND LEVEL THIRD LEVEL THIRD LEVEL THIRD LEVEL THIRD LEVEL LOWER MAIN LEVEL SECOND LEVEL THIRD LEVEL LOWER LOWER USE #101-3 BED AH UNIT #101-3 BED AH UNIT STORAGE #101-3 BED AH UNIT #102-2 BED AH UNIT #102-2 BED AH UNIT STORAGE #103-2 BED AH UNIT STORAGE #103-2 BED AH UNIT #104-2 BED AH UNIT STORAGE #104-2 BED AH UNIT #105-2 BED AH UNIT STORAGE #105-2 BED AH UNIT #201-3 BED AH UNIT STORAGE #202-3 BED AH UNIT STORAGE #301-2 BED AH UNIT STORAGE #302-3 BED AH UNIT STORAGE DECK DECK DECK DECK EGRESS MECH. TOTAL AREA 555.07 445.59 18.24 383.23 496.02 479.67 18.24 533.91 14.95 514.42 544.02 15.07 505.72 546.17 15.75 525.60 1,157.15 21.61 1,251.39 20.49 964.02 23.19 1,118.28 23.18 93.66 91.88 374.04 242.62 93.44 66.80 11,153.42 ft² 114.02 sq ft 57.01 sq ft 57.01 sq ft 121.15 sq ft 114.02 sq ft 114.02 sq ft 9' - 6 " 9' - 6 " 195.79 sq ft 52.06 sq ft 20.59 sq ft 174.99 sq ft 11.09 sq ft 194.39 sq ft 222.11 sq ft 200.73 sq ft 168.66 sq ft 21.97 sq ft 52.06 sq ft 239.92 sq ft 456.89 sq ft 342.07 sq ft 112.44 sq ft 451.34 sq ft 13.86 sq ft 116.40 sq ft 95.42 sq ft 35.63 sq ft 58.99 sq ft 21.38 sq ft 401.06 sq ft 3659.84 SF TOTAL BELOW GRADE WALL AREA -577.23 SF TOTAL EXPOSED BELOW GRADE WALL AREA 3082.61 SF TOTAL BURIED BELOW GRADE WALL AREA 84.2% BURIED 15.8% EXPOSED 123456 7891011 12 13 14 15 16 17 18 19 20 21 22 23 HISTORIC STRUCTURE PROPOSED STRUCTURE 1314.44 SF 2345.40 SF SCALE: 1/8" = 1'-0"2 SECOND LEVEL AREA PLAN SCALE: 1/8" = 1'-0"3 THRID LEVEL AREA PLAN SCALE: 1/8" = 1'-0"-1.LOWER LEVEL AREA PLAN SCALE: 1/8" = 1'-0"1 MAIN FLOOR AREA PLAN SCALE: 1/8" = 1'-0"-1.LOWER LEVEL BURIED WALL CALCS DRAWING ISSUE DRAWN BY: PROJECT No:2125 CPF DUE DILIGENCE 2021-08-26 CONCEPTUAL 2021-10-21 HPC APPLICATION 2022-05-12 20 5 W E S T M A I N | A S P E N C O 20 5 W E S T M A I N All ideas, designs, arrangements and plans indicated or represented by this drawing are owned by and are the property of David Johnston Architects, PC and developed for use and in conjunction with the specified project. None of the ideas, designs, arrangements or plans shall be used by or disclosed for any purposewhatsoever without the written authorization of David Johnston Architects, PC. 119 South Spring St. Suite 203 Aspen, CO 81611 970-925-3444 970-920-2186 TEL FAX A1.04 NET LIVABLE AF F O R D A B L E H O U S I N G Sheet No. UP DNUP DNDN #202-3 BED AH UNIT 1,176.27 sq ft #201-3 BED AH UNIT 1,089.24 sq ft #101-3 BED AH UNIT 275.58 sq ft STORAGE 17.25 sq ft STORAGE 17.25 sq ft UP #302-3 BED AH UNIT 1,048.43 sq ft #301-2 BED AH UNIT 866.22 sq ft STORAGE 20.36 sq ft STORAGE 20.36 sq ft DNUP DN UP UP DN UP UP STORAGE 10.58 sq ft STORAGE 10.58 sq ft STORAGE 10.58 sq ft UP UP DNNN UP UP DN #104-2 BED AH UNIT 492.09 sq ft #103-2 BED AH UNIT 465.07 sq ft #102-2 BED AH UNIT 428.11 sq ft #101-3 BED AH UNIT 481.83 sq ft #105-2 BED AH UNIT 441.66 sq ft DNDNUP DN DN DN DN STORAGE 13.15 sq ft #105-2 BED AH UNIT 421.61 sq ftSTORAGE 13.15 sq ft DN DN DN #103-2 BED AH UNIT 430.94 sq ft #104-2 BED AH UNIT 422.87 sq ft #102-2 BED AH UNIT 393.89 sq ft #101-3 BED AH UNIT 415.11 sq ft N.L.A. SCHEDULE UNIT# 101 102 103 104 105 201 202 301 302 #101-3 BED AH UNIT #101-3 BED AH UNIT #101-3 BED AH UNIT STORAGE #102-2 BED AH UNIT #102-2 BED AH UNIT STORAGE #103-2 BED AH UNIT #103-2 BED AH UNIT STORAGE #104-2 BED AH UNIT #104-2 BED AH UNIT STORAGE #105-2 BED AH UNIT #105-2 BED AH UNIT STORAGE #201-3 BED AH UNIT STORAGE #202-3 BED AH UNIT STORAGE #301-2 BED AH UNIT STORAGE #302-3 BED AH UNIT STORAGE LEVEL LOWER MAIN LEVEL SECOND LEVEL MAIN LEVEL LOWER MAIN LEVEL MAIN LEVEL MAIN LEVEL LOWER LOWER LOWER MAIN LEVEL LOWER LOWER MAIN LEVEL LOWER SECOND LEVEL SECOND LEVEL SECOND LEVEL SECOND LEVEL THIRD LEVEL THIRD LEVEL THIRD LEVEL THIRD LEVEL AREA 481.83 415.11 275.58 13.15 428.11 393.89 13.15 430.94 465.07 10.58 492.09 422.87 10.58 441.66 421.61 10.58 1,089.24 17.25 1,176.27 17.25 866.22 20.36 1,048.43 20.36 8,982.18 ft² SCALE: 1/8" = 1'-0"2 SECOND LEVEL N.L.A. PLAN SCALE: 1/8" = 1'-0"3 THIRD LEVEL N.L.A. PLAN SCALE: 1/8" = 1'-0"-1.LOWER LEVEL N.L.A. PLAN SCALE: 1/8" = 1'-0"1 MAIN FLOOR N.L.A. PLAN DRAWING ISSUE DRAWN BY: PROJECT No:2125 CPF DUE DILIGENCE 2021-08-26 CONCEPTUAL 2021-10-21 HPC APPLICATION 2022-05-12 20 5 W E S T M A I N | A S P E N C O 20 5 W E S T M A I N All ideas, designs, arrangements and plans indicated or represented by this drawing are owned by and are the property of David Johnston Architects, PC and developed for use and in conjunction with the specified project. None of the ideas, designs, arrangements or plans shall be used by or disclosed for any purposewhatsoever without the written authorization of David Johnston Architects, PC. 119 South Spring St. Suite 203 Aspen, CO 81611 970-925-3444 970-920-2186 TEL FAX A1.05 EXISTING PLANS AF F O R D A B L E H O U S I N G Sheet No. SCALE: 1/4" = 1'-0"1 EXISTING FLOOR PLANS 02'4' 8' DRAWING ISSUE DRAWN BY: PROJECT No:2125 CPF DUE DILIGENCE 2021-08-26 CONCEPTUAL 2021-10-21 HPC APPLICATION 2022-05-12 20 5 W E S T M A I N | A S P E N C O 20 5 W E S T M A I N All ideas, designs, arrangements and plans indicated or represented by this drawing are owned by and are the property of David Johnston Architects, PC and developed for use and in conjunction with the specified project. None of the ideas, designs, arrangements or plans shall be used by or disclosed for any purposewhatsoever without the written authorization of David Johnston Architects, PC. 119 South Spring St. Suite 203 Aspen, CO 81611 970-925-3444 970-920-2186 TEL FAX A1.01 BASEMENT FLOOR PLAN AF F O R D A B L E H O U S I N G Sheet No. DNUP DN UP DN UP DNUP DN UP DN UP W/D W/D W/ D W/D W/ D 5 5 8 8 6 6 10 10 11 11 9 9 7 7 H1 H1 H3 H3 H4 H4 H6 H6 H5 H5 H2 H2 4 4 11 ' - 1 0 " 15'-6"9'-9" 51/ 2 " 6' - 4 1/ 8 " 51/ 2 " 51/2"1'-8"20'-7"11"1'-2" 24'-91/2" 44 ' - 3 " 20 ' - 5 1/ 2 " 18 ' - 2 1/ 2 " 5' - 7 " LIGHT WELL LIGHT WELL LIGHT WELL LIGHT WELL LIGHT WELL LIGHT WELL ELEV. MECH. STAIR BEDROOM 1 BEDROOM 2 BEDROOM 1 BATH 1 CLOSET BEDROOM 2 BATH 1 BATH 1 BATH 1 BEDROOM 1 BEDROOM 2 BEDROOM 1 BEDROOM 2 BEDROOM 1 BEDROOM 2 BATH 1 CL. CL.CL. CL. CL. CL. CL. CL. CL. CL. CL. STAIR STAIR STAIR STAIR STAIR STORAGESTORAGESTORAGE 1 A2.01 4 A2.02 2 A2.01 1 1 C C 2 2 3 3 D D E E G G H H J J L L M M N N A A K K B B F F HB HB HC HC HD HD HA HA 3 A2.02 5 A2.03 6 A2.03 SCALE: 1/4" = 1'-0"-1 BASEMENT FLOOR PLAN 02'4' 8' DRAWING ISSUE DRAWN BY: PROJECT No:2125 CPF DUE DILIGENCE 2021-08-26 CONCEPTUAL 2021-10-21 HPC APPLICATION 2022-05-12 20 5 W E S T M A I N | A S P E N C O 20 5 W E S T M A I N All ideas, designs, arrangements and plans indicated or represented by this drawing are owned by and are the property of David Johnston Architects, PC and developed for use and in conjunction with the specified project. None of the ideas, designs, arrangements or plans shall be used by or disclosed for any purposewhatsoever without the written authorization of David Johnston Architects, PC. 119 South Spring St. Suite 203 Aspen, CO 81611 970-925-3444 970-920-2186 TEL FAX A1.02 MAIN LEVEL FLOOR PLAN AF F O R D A B L E H O U S I N G Sheet No. DNDNUP DN DN DN DN DN UP 5 5 8 8 6 6 10 10 11 11 9 9 7 7 H1 H1 H3 H3 H4 H4 H6 H6 H5 H5 H2 H2 DW RG F 4 4 DW RG F DW RG F DW RG F DW RG F 71/8" 11'-043/64"24'-931/64" 17 ' - 2 " 11 ' - 1 0 " 11 ' - 1 21 / 6 4 " 20 ' - 5 1/ 2 " 18 ' - 2 1/ 2 " 5' - 7 " 17 ' - 2 " 11 ' - 1 0 " 5' - 2 " 42 ' - 1 1 " 6' - 0 " 83 ' - 1 " 61'-3" 8' - 0 " 7' - 9 " 7' - 1 0 " 17 ' - 4 " 2' - 0 " 6' - 0 " 6'-0"41'-6" 1 A2.01 4 A2.02 2 A2.01 PANTRY PANTRY PANTRY PANTRY ELEV. TRASH STORAGE STORAGE STAIR KITCHEN DINING LIVING LIVING KITCHEN DINING DINING DINING DINING KITCHEN KITCHEN LIVING LIVING LIVING STAIR STAIR STAIR STAIR STAIR CL. CL. CL. CL. ENTRY PORCH ENTRY PORCH ENTRY PORCH PR O P E R T Y L I N E SE T B A C K SE T B A C K SETBACK CL. PR O P E R T Y L I N E KITCHEN POWDER 1 1 C C 2 2 3 3 D D E E G G H H J J L L M M N N A A K K B B F F HB HB HC HC HD HD HA HA 3 A2.02 5 A2.03 6 A2.03 SETBACK SCALE: 1/4" = 1'-0"1 MAIN FLOOR PLAN 02'4' 8' DRAWING ISSUE DRAWN BY: PROJECT No:2125 CPF DUE DILIGENCE 2021-08-26 CONCEPTUAL 2021-10-21 HPC APPLICATION 2022-05-12 20 5 W E S T M A I N | A S P E N C O 20 5 W E S T M A I N All ideas, designs, arrangements and plans indicated or represented by this drawing are owned by and are the property of David Johnston Architects, PC and developed for use and in conjunction with the specified project. None of the ideas, designs, arrangements or plans shall be used by or disclosed for any purposewhatsoever without the written authorization of David Johnston Architects, PC. 119 South Spring St. Suite 203 Aspen, CO 81611 970-925-3444 970-920-2186 TEL FAX A1.03 SECOND LEVEL FLOOR PLAN AF F O R D A B L E H O U S I N G Sheet No. UP DNUP DN 5 5 8 8 6 6 10 10 11 11 9 9 7 7 H1 H1 H3 H3 H4 H4 H6 H6 H5 H5 H2 H2 4 4 W DR DW RG F DW RG F DR 1 A2.01 4 A2.02 2 A2.01 7' - 1 1 " 15 ' - 1 " 6' - 0 " 5' - 2 " 48 ' - 1 1 " 15'-6"9'-9" 25'-3" 5' - 2 " 40 ' - 1 1 " 8' - 0 " 10'-10"41'-6" 7' - 1 1 " 5' - 9 " 15 ' - 4 " 8'-11"2'-8"5'-3"32'-2"5'-3"7'-0" 48 ' - 1 1 " 29 ' - 0 " 5' - 2 " 48 ' - 1 1 " PANTRY PANTRY HISTORIC HOUSE BELOW DECK DECK DECK DECK LIFT STAIR STORAGE STORAGE DINING KITCHEN LIVING BEDROOM 1 BEDROOM 2 BEDROOM 3 BATH 1 BATH 2 ENTRY/MUDROOM BEDROOM 3 BEDROOM 2 BATH 1 BATH 2 BEDROOM 1 KITCHEN DINING LIVING BEDROOM 3 BATH 3 CLOSET 1 1 C C 2 2 3 3 D D E E G G H H J J L L M M N N A A K K B B F F HB HB HC HC HD HD HA HA 3 A2.02 5 A2.03 6 A2.03 W/ D SCALE: 1/4" = 1'-0"2 SECOND LEVEL 02'4' 8' DRAWING ISSUE DRAWN BY: PROJECT No:2125 CPF DUE DILIGENCE 2021-08-26 CONCEPTUAL 2021-10-21 HPC APPLICATION 2022-05-12 20 5 W E S T M A I N | A S P E N C O 20 5 W E S T M A I N All ideas, designs, arrangements and plans indicated or represented by this drawing are owned by and are the property of David Johnston Architects, PC and developed for use and in conjunction with the specified project. None of the ideas, designs, arrangements or plans shall be used by or disclosed for any purposewhatsoever without the written authorization of David Johnston Architects, PC. 119 South Spring St. Suite 203 Aspen, CO 81611 970-925-3444 970-920-2186 TEL FAX A1.04 THIRD LEVEL FLOOR PLAN AF F O R D A B L E H O U S I N G Sheet No. UP 5 5 8 8 6 6 10 10 11 11 9 9 7 7 H1 H1 H3 H3 H4 H4 H6 H6 H5 H5 H2 H2 4 4 W DR DW RG F DW RG F DR 1 A2.01 4 A2.02 2 A2.01 51/2"10'-79/16"51/2" 51/ 2 " 2' - 1 1/ 4 " 31/ 2 " 12 ' - 5 1/ 4 " 51/ 2 " 61'-3" 83 ' - 1 " 7' - 1 1 " 15 ' - 1 " 6' - 0 " 5' - 2 " 15 ' - 9 " 7' - 1 0 " 17 ' - 4 " 8' - 0 " 4'-0"4'-11"6'-7"1'-4"32'-2"5'-3"7'-0" 25'-3" 4'-0"4'-11"6'-7"9'-9" 29 ' - 0 " 51/2"10'-73/8"51/2"5/8"9'-0"51/2"10'-8"51/2" 51/2"10'-6"51/2" 10 ' - 0 17 / 6 4 " 51/ 2 " 51/ 2 " 12 ' - 0 5/ 8 " 51/ 2 " 2' - 2 25 / 6 4 " 51/ 2 " 51/ 2 " 6' - 1 1/ 4 " 51/ 2 " 6' - 1 3/ 4 " 51/ 2 " PA N T R Y PANTRY DECK DECK DECK DECK STAIR HISTORIC HOUSE BELOW DECK LIFT STORAGE STORAGE DINING KITCHEN LIVING BEDROOM 1 BEDROOM 2 BATH 1 ENTRY/MUDROOM BEDROOM 3 BEDROOM 2 BATH 1 BATH 2 BEDROOM 1 KITCHEN DINING LIVING ENTRY CL. CL. STORAGE STORAGE CL. CL. CL. CL. CL. 1 1 C C 2 2 3 3 D D E E G G H H J J L L M M N N A A K K B B F F HB HB HC HC HD HD HA HA 3 A2.02 5 A2.03 6 A2.03 W/ D SCALE: 1/4" = 1'-0"3 THIRD LEVEL 02'4' 8' DRAWING ISSUE DRAWN BY: PROJECT No:2125 CPF DUE DILIGENCE 2021-08-26 CONCEPTUAL 2021-10-21 HPC APPLICATION 2022-05-12 20 5 W E S T M A I N | A S P E N C O 20 5 W E S T M A I N All ideas, designs, arrangements and plans indicated or represented by this drawing are owned by and are the property of David Johnston Architects, PC and developed for use and in conjunction with the specified project. None of the ideas, designs, arrangements or plans shall be used by or disclosed for any purposewhatsoever without the written authorization of David Johnston Architects, PC. 119 South Spring St. Suite 203 Aspen, CO 81611 970-925-3444 970-920-2186 TEL FAX A1.05 ROOF PLAN AF F O R D A B L E H O U S I N G Sheet No. 5 5 8 8 6 6 10 10 11 11 9 9 7 7 H1 H1 H3 H3 H4 H4 H6 H6 H5 H5 H2 H2 4 4 1 A2.01 4 A2.02 2 A2.01 1:12 12:12 14:12 HISTORIC HOUSE BELOW 14:12 14:12 14:12 14:12 14:12 12:12 12:12 12:12 12:12 12:12 12:12 12:12 1:12 3:12 FLATFLAT FLAT FLAT 14:12 14:12 12:1212:1212:12 12:12 12:12 1 1 C C 2 2 3 3 D D E E G G H H J J L L M M N N A A K K B B F F HB HB HC HC HD HD HA HA 3 A2.02 5 A2.03 6 A2.03 SCALE: 1/4" = 1'-0"4 ROOF 02'4' 8' DRAWING ISSUE DRAWN BY: PROJECT No:2125 CPF DUE DILIGENCE 2021-08-26 CONCEPTUAL 2021-10-21 HPC APPLICATION 2022-05-12 20 5 W E S T M A I N | A S P E N C O 20 5 W E S T M A I N All ideas, designs, arrangements and plans indicated or represented by this drawing are owned by and are the property of David Johnston Architects, PC and developed for use and in conjunction with the specified project. None of the ideas, designs, arrangements or plans shall be used by or disclosed for any purposewhatsoever without the written authorization of David Johnston Architects, PC. 119 South Spring St. Suite 203 Aspen, CO 81611 970-925-3444 970-920-2186 TEL FAX A2.01 ELEVATIONS AF F O R D A B L E H O U S I N G Sheet No. 11 10 9 8 7 6 5 3 2 1H6H5H4H3H2H14 100'-0" MAIN LEVEL 100'-0" MAIN LEVEL 108'-10" SECOND LEVEL 108'-10" SECOND LEVEL 118'-4" THIRD LEVEL 118'-4" THIRD LEVEL 26 ' - 0 " 24 ' - 1 " ASPHALT SHINGLE METAL SHINGLE 4" LAP SIDING 6" LAP SDING 8" LAP SIDING VERTICAL SIDING METAL GUSSET PLATE ASPHALT SHINGLE 6" LAP SDING SCALLOPED SHINGLE SCALLOPED SHINGLE N M L K J H G HD F E D HC C B HB A HA 100'-0" MAIN LEVEL 100'-0" MAIN LEVEL 108'-10" SECOND LEVEL 108'-10" SECOND LEVEL 118'-4" THIRD LEVEL 118'-4" THIRD LEVEL 21 ' - 1 0 " 27 ' - 6 " ASPHALT SHINGLE METAL SHINGLE 6" LAP SDING 8" LAP SIDING VERTICAL SIDING ASPHALT SHINGLE 6" LAP SDING 6" LAP SIDING WITH COLOR GRADIENT SCALLOPED SHINGLE SCALE: 1/4" = 1'-0"1 NORTH ELEVATION 02'4'8' SCALE: 1/4" = 1'-0"2 EAST ELEVATION 02'4' 8' DRAWING ISSUE DRAWN BY: PROJECT No:2125 CPF DUE DILIGENCE 2021-08-26 CONCEPTUAL 2021-10-21 HPC APPLICATION 2022-05-12 20 5 W E S T M A I N | A S P E N C O 20 5 W E S T M A I N All ideas, designs, arrangements and plans indicated or represented by this drawing are owned by and are the property of David Johnston Architects, PC and developed for use and in conjunction with the specified project. None of the ideas, designs, arrangements or plans shall be used by or disclosed for any purposewhatsoever without the written authorization of David Johnston Architects, PC. 119 South Spring St. Suite 203 Aspen, CO 81611 970-925-3444 970-920-2186 TEL FAX A2.02 ELEVATIONS AF F O R D A B L E H O U S I N G Sheet No. 1 2 3 5 6 7 8 H1 H2 H3 9 10 H4 H5 H6 114 100'-0" MAIN LEVEL 100'-0" MAIN LEVEL 108'-10" ECOND LEVEL 108'-10" SECOND LEVEL 118'-4" THIRD LEVEL 118'-4" THIRD LEVEL 9' - 6 " 9' - 6 " 26 ' - 1 1 " 26 ' - 1 1 " 27 ' - 9 " 27 ' - 9 " ASPHALT SHINGLE METAL SHINGLE 6" LAP SDING 8" LAP SIDING VERTICAL SIDING CAB D E F G H J K L M NHAHBHCHD 100'-0" MAIN LEVEL 100'-0" MAIN LEVEL 108'-10" ECOND LEVEL 108'-10" SECOND LEVEL 118'-4" THIRD LEVEL 118'-4" THIRD LEVEL 27 ' - 2 " 27 ' - 1 0 " 27 ' - 1 0 " ASPHALT SHINGLE METAL SHINGLE 4" LAP SIDING 6" LAP SDING 8" LAP SIDING VERTICAL SIDING METAL COLUMNS ASPHALT SHINGLE METAL SHINGLE 6" LAP SDING 8" LAP SIDING VERTICAL SIDING TIMBER COLUMNS METAL RAIL SCALE: 1/4" = 1'-0"3 SOUTH ELEVATION 02'4' 8' SCALE: 1/4" = 1'-0"4 WEST ELEVATION 02'4' 8' DRAWING ISSUE DRAWN BY: PROJECT No:2125 CPF DUE DILIGENCE 2021-08-26 CONCEPTUAL 2021-10-21 HPC APPLICATION 2022-05-12 20 5 W E S T M A I N | A S P E N C O 20 5 W E S T M A I N All ideas, designs, arrangements and plans indicated or represented by this drawing are owned by and are the property of David Johnston Architects, PC and developed for use and in conjunction with the specified project. None of the ideas, designs, arrangements or plans shall be used by or disclosed for any purposewhatsoever without the written authorization of David Johnston Architects, PC. 119 South Spring St. Suite 203 Aspen, CO 81611 970-925-3444 970-920-2186 TEL FAX A2.03 ELEVATIONS AF F O R D A B L E H O U S I N G Sheet No. G F E D C B A 100'-0" MAIN LEVEL 100'-0" MAIN LEVEL 108'-10" SECOND LEVEL 108'-10" SECOND LEVEL 118'-4" THIRD LEVEL 118'-4" THIRD LEVEL 23 ' - 6 3/ 4 " 23 ' - 9 1/ 2 " ASPHALT SHINGLE METAL SHINGLE 4" LAP SIDING 6" LAP SDING 8" LAP SIDING VERTICAL SIDING 11 10 9 8 7 6 5 3 2 14 100'-0" MAIN LEVEL 100'-0" MAIN LEVEL 108'-10" SECOND LEVEL 108'-10" SECOND LEVEL 118'-4" THIRD LEVEL 118'-4" THIRD LEVEL 23 ' - 7 1/ 4 " 27 ' - 4 1/ 4 " ASPHALT SHINGLE METAL SHINGLE 4" LAP SIDING 6" LAP SDING 8" LAP SIDING VERTICAL SIDING SCALE: 1/4" = 1'-0"5 PARTIAL EAST ELEVATION 02'4' 8' SCALE: 1/4" = 1'-0"6 PARTIAL NORTH ELEVATION 02'4' 8' off lt� — . -4 � � � � ate. �• �"�� '� , � M ,- ►�����,.��'; •.r � is - �, �'•'' i. !>ti �}s f �t Y 1 fw. • Yam' AL *lw - "Y�# F � �.�a�"i� 4 - i L y 1 44 Al ri LL { `r _ _ �� •fir,• -`tiy i� � .f - I h ILIt * s v SAN P. R7� IV Ik wry ,��'• � � , , • 11�e�hhl � ^ - y ` i s - PIP- ,5 � 5 •t _ ,r- 5 _ �- •� I A I _ A _- * rY•�~ 3 sue,'mi Pw ` 1}� . k'e• r s .0 •CI'.« •ft+s,l.. F+ 'i , y,. i•{ ,a tf `� — �` ••�!.- .� ........... ................... 4L I 11 4w JII A 13 lip off -41 ITTM. I 01U. , Azto ak If .1 k 4 I.' I TIM f - T --"7 -- i P_ h' -, �W�_ 0 'p, Av. i7l7jwcv'F C lip �' r { ��r � � � � �- �; I� � �'`� �I �' ��� � `+'`_• _^R.. sir • ot,�i'� I+ �� PO _t i' i f r 40 .71 Y II.4F' a 77• •ice 4-+V•��- Ji r #IL f _ti f:r - w' •• L r. 7. Am I Ap t' K �",�► f �{+ � - ice`, �Ll FM �11 'i ' � - � A'art • } -Z did 44 '}•� v • - rAp V. r r _pwtr � 4 I t II ,ft books fib is is 1101hoomil Alto Biomass isuu FA 5 *N�h ; rN. 1 F „ter* Inw- V6, I -No I tri 71 # 4.1 7 loll 1. 14 AMP ;W d PRELIMINARY SCHEMATIC PLAN L0.10 DATE: DRAWN BY:CHECKED BY: ISSUE: HISTORY: BAJ SHEET TITLE: MAIN STREET VICTORIAN FOR PLANNING PURPOSES ONLY NOT FOR CONSTRUCTION 04.20.2022 ADDRESS: 205 W. MAIN ST. ASPEN, CO 81611 PARCEL # --------------- PSR DATE 00.00.2022 ISSUE ___________ STAMP PER DISCIPLINE PITKIN COUNTY STAMPS 0'3' 6' 12' SCALE: 1"= 6'-0"NORTH DRAFT IVORY SILK JAPANESE TREE LILAC RHAPSODY BLUE HYDRANGEA ROCKY MOUNTAIN COLUMBINE FIREFLY CORAL BELLS LILY -OF-THE-VALLEY ORCHID FROST DEAD NETTLE BELGARD PERMEABLE PAVER FLAGSTONE STEPPERS & FLAGSTONE PATIO IVORY SILK JAPANESE TREE LILAC, TYP. FIREFLY CORAL BELLS, TYP. DEAD NETTLE, TYP. RHAPSODY BLUE HYDRANGEA, TYP. ROCKY MOUNTAIN COLUMBINE, TYP. LILY-OF-THE-VALLEY, TYP. EXISTING TREES TO REAMIN PROPOSED FLAGSTONE STEPPERS, TYP. PROPOSED PERMEABLE PAVERS, TYP. LAWN LAWN PROPERTY LINE PROPERTY LINE SETBACK TRASH ENCLOSURE UNIT 105 UNIT 104 UNIT 103 UNIT 101 UNIT 102 STAIRS LIFT FLAGSTONE PATIO, TYP. BIKE PARKING BENCH, TYP. WW WW WW WW WW WW ALLEY EXISTING SIDEWALK EXISTING SIDEWALK 119 South Spring Street | Suite 203 | Aspen, CO T 970.925.3444 C 517.881.5046 www.djarchitects.com May 20, 2022 D. Brian Beazley Stan Clauson 205 West Main Street Affordable Housing Historic Structure Relocation Assessment This letter serves as a document to confirm the proposed relocation and improvements to the existing structure at 205 West Main Street in Aspen, CO. The proposed design is intending the house to be lifted from the existing basement foundation and relocated to the NE corner of the lot. The home was built in 1890 and moved from the west end of Aspen to this site in 1949. The existing residence is a two-story gable framed structure with a single story shed roof structure to the south. The structure will be set on a new basement foundation, shored and gutted to incorporate the new proposed floorplans. The roof structure will have to be brought up to current structural code. Based upon observations, the existing structure appears to be sound and should be able to withstand the move to the new location. The move should be conducted by a qualified building moving company that is experienced in moving similar historic structures. This review was based upon visual observations only. Regards, D. Brian Beazley, Architect-AIA DATE BY TO CC PROJECT SUBJECT COMMENTS DRAWING ISSUE DRAWN BY: PROJECT No:2125 CPF DUE DILIGENCE 2021-08-26 CONCEPTUAL 2021-10-21 HPC APPLICATION 2022-05-12 20 5 W E S T M A I N | A S P E N C O 20 5 W E S T M A I N All ideas, designs, arrangements and plans indicated or represented by this drawing are owned by and are the property of David Johnston Architects, PC and developed for use and in conjunction with the specified project. None of the ideas, designs, arrangements or plans shall be used by or disclosed for any purposewhatsoever without the written authorization of David Johnston Architects, PC. 119 South Spring St. Suite 203 Aspen, CO 81611 970-925-3444 970-920-2186 TEL FAX A1.05 EXISTING PLANS AF F O R D A B L E H O U S I N G Sheet No. SCALE: 1/4" = 1'-0"1 EXISTING FLOOR PLANS 02'4' 8' NON-HISTORIC ADDITION (TO BE REMOVED) UNIT USE NET LIVABLE AREA 20% NLA RANGE STORAGE SF % ABOVE GRADE 101 3 BED AH UNIT 1173 1200>960 11 59 102 2 BED AH UNIT 822 900>720 11 48 103 2 BED AH UNIT 896 900>720 11 48 104 2 BED AH UNIT 914 900>720 13 46 105 2 BED AH UNIT 863 900>720 13 49 201 3 BED AH UNIT 1089 1200>960 17 100 202 3 BED AH UNIT 1176 1200>960 17 100 301 2 BED AH UNIT 866 900>720 17 100 302 3 BED AH UNIT 1048 1200>960 17 100 9 UNITS 22 BEDROOMS 8847 205 WEST MAIN AFFORABLE HOUSING N.L.A. SCHEDULE MAIN/LOWER LEVEL SECOND LEVEL THIRD LEVEL CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020 Agreement to Pay Application Fees An agreement between the City of Aspen (“City”) and Address of Property: Please type or print in all caps Property Owner Name: Representative Name (if different from Property Owner): Billing Name and Address - Send Bills to: Contact info for billing: e-mail: Phone: I understand that the City has adopted, via Ordinance No. 20, Series of 2020, review fees for Land Use applications, and payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner, I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $. flat fee for . $. flat fee for $. flat fee for . $. flat fee for For deposit cases only: The City and I understand that because of the size, nature, or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration unless invoices are paid in full. The City and I understand and agree that invoices sent by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy, including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for processing my application at the hourly rates hereinafter stated. $ deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: Phillip Supino, AICP Community Development Director City Use: Fees Due: $ Received $ Case # Signature: PRINT Name: Title: 205 W. Main Street Conservation Housing Partners LLC Michael Brown 605 W. Main St., Suite 2, Aspen, CO 81611 harris@haymax.com 970 544-4196 975 APCHA 975 Parks 3,250 10 325 1 Michael Brown Manager Michael Brown, Manager Conservation Housing Partners LLC 605 W. Main St., Suite 2 Aspen, CO 81611 Tel: 970 544-4196 18 May 2022 Ms. Natalie Feinberg Lopez, Historic Preservation Officer Community Development Department City of Aspen 427 Rio Grande Place Aspen, CO 81611 Dear Ms. Feinberg Lopez: This letter is to certify that I, Michael Brown, Manager of Conservation Housing Partners LLC, owner of the property located at 205 W. Main Street, give Stan Clauson Associates, Inc. and its staff permission to represent us in discussions with the City of Aspen regarding applications for this property. If you should have any questions regarding this matter, please contact me. Their contact information is as follows: Stan Clauson, AICP, ASLA Stan Clauson Associates, Inc 412 N. Mill Street Aspen, CO 81611 Tel (970)925-2323 Fax (970)920-1628 stan@scaplanning.com Very Truly Yours, ___________________________ Michael Brown, Manager Conservation Housing Partners LLC April 2020 City of Aspen|130 S. Galena St.|(970) 920 5090 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying WKDWthe scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. Property Owner (“I”): Name: Email: Phone No.: Address of Property: (subject of application) I certify as follows: (pick one) Ƒ This property is not subject to a homeowner association or other form of private covenant. Ƒ This property is subject to a homeownerassociation or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. Ƒ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner signature: 'ate: Owner printed name: or, Attorney signature: 'ate: Attorney printed name: 205 W. Main Street Aspen, CO 81611 19 May 2022 Michael Brown, Manager Conservation Housing Partners, LLC michael@haymax.com 970 544-4196 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5030000 (1-31-17)Page 1 of 16 ALTA Commitment for Title Insurance (8-1-16) ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Commitment COMMITMENT FOR TITLE INSURANCE Issued By FIRST AMERICAN TITLE INSURANCE COMPANY NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions,First American Title Insurance Company, a Colorado Corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within six months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. First American Title Insurance Company If this jacket was created electronically, it constitutes an original document. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5030000 (1-31-17)Page 2 of 16 ALTA Commitment for Title Insurance (8-1-16) COMMITMENT CONDITIONS 1.DEFINITIONS (a) "Knowledge" or "Known": Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b) "Land": The land described in Schedule A and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c) "Mortgage": A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. (d) "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f) "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g) "Public Records": Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h) "Title": The estate or interest described in Schedule A. 2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company’s liability and obligation end. 3. The Company’s liability and obligation is limited by and this Commitment is not valid without: (a) the Notice; (b) the Commitment to Issue Policy; (c) the Commitment Conditions; (d) Schedule A; (e) Schedule B, Part I—Requirements; (f) Schedule B, Part II—Exceptions; and (g) a counter-signature by the Company or its issuing agent that may be in electronic form. 4.COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5.LIMITATIONS OF LIABILITY (a) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: (i) comply with the Schedule B, Part I—Requirements; (ii) eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or (iii) acquire the Title or create the Mortgage covered by this Commitment. (b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5030000 (1-31-17)Page 3 of 16 ALTA Commitment for Title Insurance (8-1-16) (d) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (e) The Company shall not be liable for the content of the Transaction Identification Data, if any. (f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. (g) In any event, the Company’s liability is limited by the terms and provisions of the Policy. 6.LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (d) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. (f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy. 7.IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services. 8.PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9.ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5033708-A (4-9-18)Page 4 of 16 ALTA Commitment for Title Insurance (8-1-16) Colorado - Schedule A ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Schedule A Transaction Identification Data for reference only: Issuing Agent:Winter Van Alstine Issuing Office:Attorneys Title Insurance Agency of Aspen, LLC Issuing Office's ALTA® Registry ID: 1019587 Loan ID No.: Commitment No.:21004842 Issuing Office File No.:21004842 Property Address:205 West Main Street, Aspen, CO 81611 SCHEDULE A 1. Commitment Date: October 8, 2021 at 07:45 AM 2. Policy or Policies to be issued: Amount Premium A.ALTA Owners Policy (06/17/06)$5,500,000.00 $9,545.00 Proposed Insured:Conservation Housing Partners LLC, a Colorado limited liability company Certificate of Taxes Due $25.00 Endorsements: CO-110.1 (Delete 1, 2, 3, 4)$75.00 Additional Charges:$0 Total $9,645.00 3. The estate or interest in the land described or referred to in this Commitment is Fee simple. 4. The Title is, at the Commitment Date, vested in: Karen C. Stevenson and Heather M. Chisholm 5. The land referred to in the Commitment is described as follows: SEE EXHIBIT A ATTACHED HERETO For informational purposes only, the property address is: 205 West Main Street, Aspen, CO 81611. SCHEDULE A (Continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5033708-A (4-9-18)Page 5 of 16 ALTA Commitment for Title Insurance (8-1-16) Colorado - Schedule A Attorneys Title Insurance Agency of Aspen, LLC By: Winter Van Alstine Authorized Officer or Agent FOR INFORMATION PURPOSED OR SERVICES IN CONNECTION WITH THIS COMMITMENT, CONTACT: Attorneys Title Insurance Agency of Aspen, LLC,715 West Main Street, Suite 202, Aspen, CO 81611, Phone: 970 925-7328, Fax: 970 925-7348. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5030008-BI&BII (5-18-17)Page 6 of 16 ALTA Commitment for Title Insurance (8-1-16) Colorado - Schedule BI & BII ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Schedule BI & BII Commitment No: 21004842 SCHEDULE B, PART I Requirements All of the following Requirements must be met: 1.The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2.Pay the agreed amount for the estate or interest to be insured. 3.Pay the premiums, fees, and charges for the Policy to the Company. 4.Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 5.Payment of all taxes and assessments now due and payable as shown on a certificate of taxes due from the County Treasurer or the County Treasurer's Authorized Agent. 6.Evidence that all assessments for common expenses, if any, have been paid. 7.Final Affidavit and Agreement executed by Owners and/or Purchasers must be provided to the Company 8.Special Warranty Deed must be sufficient to convey the fee simple estate or interest in the land described or referred to herein, from Karen C. Stevenson and Heather M. Chisholm to Conservation Housing Partners LLC, a Colorado limited liability company, the proposed insured, Schedule A, item 2A. NOTE: C.R.S. Section 38-35-109(2) required that a notation of the purchaser's legal address, (not necessarily the same as the property address) be included on the face of the Deed to be recorded. 9.Release of the Deed of Trust from Edith S. Chisholm, Karen H. Chisholm, and Heather M. Chisholm, to the Public Trustee of Pitkin County for the benefit of Norwest Mortgage Inc., to secure an indebtedness in the principal sum of $144,000, and any other amounts and/obligations secured thereby, dated January 6, 1999 and recorded January 19, 1999 as Reception No. 426731. 10.Record a Statement of Authority to provide prima facie evidence of existence of Conservation Housing Partners LLC, a Colorado limited liability company, an entity capable of holding property, and the name of the person authorized to execute instruments affecting title to real property as authorized by C.R.S. Section 38-30-172. ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Schedule BI & BII (Cont.) Form 50-CO-Disclosure (4-1-16)Page 7 of 16 Disclosure Statement (5-1-15) Colorado 11.Certificate of Good Standing from the Colorado Secretary of State for Conservation Housing Partners LLC, a Colorado limited liability company. 12.A copy of the properly signed and executed Operating Agreement if written, for Conservation Housing Partners LLC, a Colorado limited liability company, to be submitted to the Company for review. 13.Improvement Survey Plat sufficient in form, content and certification acceptable to the Company. Exception will be taken to adverse matters disclosed thereby. 14.Receipt by the Company of the appropriate Lease Affidavit indemnifying the Company against any existing leases or tenancies, and any and all parties claiming by, through or under said lessees. 15.This Title Commitment is subject to underwriter approval. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5030008-BI&BII (5-18-17)Page 8 of 16 ALTA Commitment for Title Insurance (8-1-16) Colorado - Schedule BI & BII ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Schedule BI & BII (Cont.) Commitment No.: 21004842 SCHEDULE B, PART II Exceptions THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1.Any facts, rights, interests or claims which are not shown by the Public Records, but which could be ascertained by an inspection of the Land or by making inquiry of persons in possession thereof. 2.Easements, or claims of easements, not shown by the Public Records. 3.Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct land survey and inspection of the Land would disclose, and which are not shown by the Public Records. 4.Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown in the Public Records. 5.Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I—Requirements are met. Note: Exception number 5. will be removed from the policy provided the Company conducts the closing and settlement service for the transaction identified in the commitment 6.Any and all unpaid taxes, assessments and unredeemed tax sales. NOTE: This exception will not appear on the final title policy upon payments of taxes and premiums. 7.Intentionally deleted. 8.Any water rights, claims of title to water, in, on or under the Land. 9.Taxes and assessments for the year 2021, and subsequent years, a lien not yet due or payable. ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Schedule BI & BII (Cont.) Form 50-CO-Disclosure (4-1-16)Page 9 of 16 Disclosure Statement (5-1-15) Colorado 10."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 under existing laws" as described in the Deed dated January 3, 1888, and recorded January 8, 1888 in Book 59 at Page 243 as Reception No. 021983. 11.Reservations and exceptions specified under the Act authorizing the issuance of the Patent for the City and Townsite of Aspen, recorded March 1, 1897, in Book 139 at Page 216 as Reception No. 060156. 12.Any and all notes, easements and recitals as disclosed on the Official Map of the City of Aspen recorded December 16, 1959, as Reception No. 109023. 13.Terms, conditions, provisions, agreements and obligations specified under Ordinance No. 6 (series of 1959, An Ordinance Accepting a Map Entitled "Official Map of the City of Aspen, Pitkin County, State of Colorado," as the Official Map of the City of Aspen: Providing for Dedication of all Streets and Alleys, Except Such Streets and Alleys Heretofore Vacated; And Providing for the Filing of Said Map, Field Notes, and Supplemental Plats with the Clerk and Recorder for Pitkin County, dated November 2, 1959, and recorded December 18, 1959, in Book 189 at Page 354 as Reception No. 109043; and any and all notes, easements and recitals as disclosed on the Willets Map recorded November 12, 1969 in Plat Book 4 at Page 27 as Reception No. 137902. 14.Terms, conditions, provisions, agreements and obligations specified under the Accessory Dwelling Unit Deed Restriction dated November 2, 1994, recorded December 6, 1994, in Book 768 at Page 781, as Reception No. 376974. 15.Intentionally deleted. 16.Terms, conditions, provisions, agreements and obligations specified under the Revocable Encroachment Licenses recorded July 7, 2003, as Reception Nos.484973,484974, and 484975. 17.Terms, conditions, provisions, agreements and obligations specified under the License Agreement dated January, 2018, recorded January 18, 2018, as Reception No. 644528. 18.Any loss or damage due to the following matters as disclosed on the Improvement Survey Plat, provided by Aspen Survey, dated July 28, 2021, as File No. 2107124: 1. Encroachment of the Concrete Drive onto the Land from the adjacent property to the West. 2. Any right, title, interest or claims of interest based upon the fence lines not corresponding to the property lines. 3. Boardwalk encroachment into Block 52 alley. 19.Any existing leases or tenancies, and any and all parties claiming by, through or under said lessees. NOTE: Upon receipt of a Lease Affidavit from Seller, this exception will not appear on the final title policy. Form 5000000-EX (7-1-14)Page 10 of 16 Exhibit A ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Exhibit A File No.: 21004842 The Land referred to herein below is situated in the County of Pitkin, State of Colorado, and is described as follows: Lots H and I and the East fifteen (15') feet of Lot G, Block 52, CITY AND TOWNSITE OF ASPEN, Pitkin County, Colorado. Form 50-CO-Disclosure (4-1-16)Page 11 of 16 Disclosure Statement (5-1-15) Colorado DISCLOSURE STATEMENT Pursuant to C.R.S. 30-10-406(3)(a) all documents received for recording or filing in the Clerk and Recorder’s office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-half of an inch. The Clerk and Recorder will refuse to record or file any document that does not conform to the requirements of this section. NOTE: If this transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the disclosure/withholding provisions of C.R.S. 39-22-604.5 (Nonresident withholding). NOTE: Colorado Division of Insurance Regulations 8-1-2 requires that “Every title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title commitment, other than the effective date of the title commitment, for all matters which appear of record prior to the time of recording whenever the title insurance company, or its agent, conducts the closing and settlement service that is in conjunction with its issuance of an owner’s policy of title insurance and is responsible for the recording and filing of legal documents resulting from the transaction which was closed. Pursuant to C.R.S. 10-11-122, the company will not issue its owner’s policy or owner’s policies of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes due or other equivalent documentation from the County Treasurer or the County Treasurer’s authorized agent; or until the Proposed Insured has notified or instructed the company in writing to the contrary. The subject property may be located in a special taxing district. A Certificate of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer’s authorized agent. Information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner’s policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B. That such mineral estate may include the right to enter and use the property without the surface owner’s permission. NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1-2, Affirmative mechanic’s lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner’s Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic’s and material-men’s liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium, fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Form 50-CO-Disclosure (4-1-16)Page 12 of 16 Disclosure Statement (5-1-15) Colorado NOTE: Pursuant to C.R.S. 38-35-125(2) no person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a matter of right. NOTE: C.R.S. 39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee. NOTE: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of an ALTA Closing Protection Letter which may, upon request, be provided to certain parties to the transaction identified in the commitment. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. TELEPHONE 970 925-7328 FACSIMILE 970 925-7348 ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC 715 West Main Street, Suite 202 Aspen, CO 81611 Attorneys Title Insurance Agency of Aspen, LLC Privacy Policy Notice PURPOSE OF THIS NOTICE Title V. of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through it affiliates, from sharing non-public personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Attorneys Title Insurance Agency of Aspen, LLC. We may collect nonpublic personal information about you from the following sources: Information we receive from you, such as on application or other forms. Information about your transactions we secure from out files, or from our affiliates or others. Information we receive from a consumer reporting agency. Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customer to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. Non-financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. FirstAmerican Title'" Privacy Notice Effective: November 1, 2019 Notice Last Updated: November 1, 2019 This Privacy Notice describes how First American Financial Corporation and its subsidiaries and affiliates (together referred to as "First American," "we," "us," or "our") collect, use, store, and share your information. This Privacy Notice applies to information we receive from you offline only, as well as from third parties. For more information about our privacy practices, please visit htti)s://www.firstam.com/orivacy-policy/index.html. The practices described in this Privacy Notice are subject to applicable laws in the places in which we operate. What Type Of Information Do We Collect About You? We collect both personal and non -personal information about and from you. Personal information is non-public information that can be used to directly or indirectly identify or contact you. Non -personal information is any other type of information. How Do We Collect Your Information? We collect your personal and non -personal information: (1) directly from you; (2) automatically when you interact with us; and (3) from third parties, including business parties and affiliates. How Do We Use Your Information? We may use your personal information in a variety of ways, including but not limited to providing the services you have requested, fulfilling your transactions, comply with relevant laws and our policies, and handling a claim. We may use your non -personal information for any purpose. How Do We Share Your Personal Information? We do not sell your personal information to nonaffiliated third parties. We will only share your personal information, including to subsidiaries, affiliates, and to unaffiliated third parties: (1) with your consent; (2) in a business transfer; (3) to service providers; and (4) for legal process and protection. If you have any questions about how First American shares your personal information, you may contact us at dataprivacy@firstam.com or toll free at 1-866-718-0097. How Do We Secure Your Personal Information? The security of your personal information is important to us. That is why we take commercially reasonable steps to make sure your personal information is protected. We use our best efforts to maintain commercially reasonable technical, organizational, and physical safeguards, consistent with applicable law, to protect your personal information. How Lonq Do We Keep Your Personal Information? We keep your personal information for as long as necessary in accordance with the purpose for which it was collected, our business needs, and our legal and regulatory obligations. Your Choices We provide you the ability to exercise certain controls and choices regarding our collection, use, storage, and sharing of your personal information. In accordance with applicable law, your controls and choices. You can learn more about your choices, and exercise these controls and choices, by sending an email to dataprivacy@firstam.com or toll free at 1-866-718-0097. International Jurisdictions: Our Products are hosted and offered in the United States of America (US), and are subject to US federal, state, and local law. If you are accessing the Products from another country, please be advised that you may be transferring your personal information to us in the US, and you consent to that transfer and use of your personal information in accordance with this Privacy Notice. You also agree to abide by the applicable laws of applicable US federal, state, and local laws concerning your use of the Products, and your agreements with us. We may change this Privacy Notice from time to time. Any and all changes to this Privacy Notice will be reflected on this page, and where appropriate provided in person or by another electronic method. YOUR CONTINUED USE, ACCESS, OR INTERACTION WITH OUR PRODUCTS OR YOUR CONTINUED COMMUNICATIONS WITH US AFTER THIS NOTICE HAS BEEN PROVIDED TO YOU WILL REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THIS PRIVACY NOTICE. Contact Us dataprivacya@firstam.com or toll free at 1-866-718-0097. a 2019 First American Financial Corporation and/or its affiliates. All rights reserved. NYSE:FAF Form 10-PRIVACY19 (11-26-19) Page 1 of 3 Privacy Notice (2019 First American Financial Corporation) FirstAmerican Title" For California Residents If you are a California resident, you may have certain rights under California law, including but not limited to the California Consumer Privacy Act of 2018 ("CCPA"). All phrases used in this section shall have the same meaning as those phrases are used under California law, including the CCPA. Right to Know. You have a right to request that we disclose the following information to you: (1) the categories of personal information we have collected about or from you; (2) the categories of sources from which the personal information was collected; (3) the business or commercial purpose for such collection and/or disclosure of your personal information; (4) the categories of third parties with whom we have shared your personal information; and (5) the specific pieces of your personal information we have collected. To submit a verified request for this information, go to our online privacy policy at www.firstam.com/privacy-policy to submit your request or call toll -free at 1-866-718-0097. You may also designate an authorized agent to submit a request on your behalf by going to our online privacy policy at www.firstam.com/privacy-policy to submit your request or by calling toll -free at 1-866-718-0097 and submitting written proof of such authorization to data r)rivacy@fi rstam .com . Right of Deletion. You also have a right to request that we delete the personal information we have collected from you. This right is subject to certain exceptions available under the CCPA and other applicable law. To submit a verified request for deletion, go to our online privacy policy at www.firstam.com/privacy-policy to submit your request or call toll -free at 1- 866-718-0097. You may also designate an authorized agent to submit a request on your behalf by going to our online privacy policy at www.firstam.com/privacy-policy to submit your request or by calling toll -free at 1-866-718-0097 and submitting written proof of such authorization to dataprivacy@firstam.com. Verification Process. For either a request to know or delete, we will verify your identity before responding to your request. To verify your identity, we will generally match the identifying information provided in your request with the information we have on file about you. Depending on the sensitivity of the personal information requested, we may also utilize more stringent verification methods to verify your identity, including but not limited to requesting additional information from you and/or requiring you to sign a declaration under penalty of perjury. Right to Opt -Out. We do not sell your personal information to third parties, and d❑ not plan to do so in the future. Right of Non -Discrimination. You have a right to exercise your rights under California law, including under the CCPA, without suffering discrimination. Accordingly, First American will not discriminate against you in any away if you choose to exercise your rights under the CCPA. Collection Notice. The following is a list of the categories of personal information we may have collected about California residents in the twelve months preceding the date this Privacy Notice was last updated, including the business or commercial purpose for said collection, the categories of sources from which we may have collected the personal information, and the categories of third parties with whom we may have shared the personal information: CMegories of The categories of personal information we have collected include, but may not be limited to: real Personal name; signature; alias; SSN; physical characteristics or description, including protected characteristics Information under federal or state law; address; telephone number; passport number; driver's license number; Collected state identification card number; IP address; policy number; file number; employment history; bank account number; credit card number; debit card number; financial account numbers; commercial information; internet or other electronic network activity; geolocation data; audio and visual information; professional or employment information; and inferences drawn from the above categories to create a profile about a consumer. Categories Categories of sources from which we've collected personal information include, but may not be Sources limited to: the consumer directly; public records; governmental entities; non-affiliated third parties; social media networks; affiliated third parties Business The business purposes for which we've collected personal information include, but may not be Purpose for limited to: completing a transaction for our Products; verifying eligibility for employment; facilitating Collection employment; performing services on behalf of affiliated and non-affiliated third parties; debugging to identify and repair errors that impair existing intended functionality on our Webs ites, Applications, or Products; protecting against malicious, deceptive, fraudulent, or illegal activity © 2019 First American Financial Corporation and/or its affiliates. All rights reserved. NYSE:FAF Form 10-PRIVACY19 (11-26-19) Page 2 of 3 1 Privacy Notice (2019 First American Financial Corporation) FirsfAmerican Title`" Categor The categories of third parties with whom we've shared personal information include, but may not Third Parties be limited to: advertising networks; internet service providers; data analytics providers; service Shared providers; government entities; operating systems and platforms; social media networks; non-affiliated :thirdparties; affiliated third parties Categories of Personal Information We Have Sold In The Past Year. We have not sold any personal information of California residents to any third party in the twelve months preceding the date this Privacy Notice was last updated. Categories of Personal Information Disclosed For R Business Purpose in The Past Year. The following is a list of the categories of personal information of California residents we may have disclosed for a business purpose in the 12 months preceding the date this Privacy Notice was last updated: The categories of personal information we have collected include, but may not be limited to: real name; signature; alias; SSN; physical characteristics or description, including protected characteristics under federal or state law; address; telephone number; passport number; driver's license number; state identification card number; IP address; policy number; file number; employment history; bank account number; credit card number; debit card number; financial account numbers; commercial information; internet or other electronic network activity; geolocation data; audio and visual information; professional or employment information; and inferences drawn from the above categories to create a profile about a consumer. © 2019 First American Financial Corporation and/or its affiliates. All rights reserved. NYSE:FAF Form 10-PRIVACY19 (11-26-19) Page 3 of 3 1 Privacy Notice (2019 First American Financial Corporation) Pitkin County Mailing List of 300 Feet Radius Pitkin County GIS presents the information and data on this web site as a service to the public. Every effort has been made to ensure that the information and data contained in this electronic system is accurate, but the accuracy may change. The information maintained by the County may not be complete as to mineral estate ownership and that information should be determined by separate legal and property analysis. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content at this site or at other sites to which we link. Assessing accuracy and reliability of information and data is the sole responsibility of the user. The user understands he or she is solely responsible and liable for use, modification, or distribution of any information or data obtained on this web site. This document contains a Mailing List formatted to be printed on Avery 5160 Labels. If printing, DO NOT "fit to page" or "shrink oversized pages." This will manipulate the margins such that they no longer line up on the labels sheet. Print actual size. From Parcel: 273512454003 on 01/21/2022 Instructions: Disclaimer: http://www.pitkinmapsandmore.com JACOBY FAMILY LP VERO BEACH, FL 32960 700 20TH ST GLICKMAN ADAM SAN JUAN PUERTO RICO 00907-3122, 644 FERNANDEZ JUNCOS AVE #301 DISTRICT VIEW PLAZA MIRAMAR HITE ANGELA R FAMILY TRUST WOODY CREEK, CO 81656 PO BOX 155 GARMISCH LODGING LLC ASPEN, CO 81611 605 W MAIN ST #2 PESIKOFF DAVID HOUSTON, TX 77098 1811 NORTH BLVD GARMISCH LODGING LLC ASPEN, CO 81611 605 W MAIN ST #2 ELKMAX LLC ASPEN, CO 81611 605 W MAIN ST #2 GARMISCH LODGING LLC ASPEN, CO 81611 605 W MAIN ST #2 ELKMAX LLC ASPEN, CO 81611 605 W MAIN ST #2 220 WEST MAIN PARTNERS LLC ASPEN, CO 81611 220 WEST MAIN ST STE 105 GARMISCH LODGING LLC ASPEN, CO 81611 605 W MAIN ST #2 INNSBRUCK CONDO ASSOC ASPEN, CO 81611 233 W MAIN ST GARMISCH LODGING LLC ASPEN, CO 81611 605 W MAIN ST #2 SUREFOOT LC PARK CITY, UT 84060 1500 KEARNS BLVD #110 GARMISCH LODGING LLC ASPEN, CO 81611 605 W MAIN ST #2 GARMISCH LODGING LLC ASPEN, CO 81611 605 W MAIN ST #2 MOUNTAIN LODGE HOLDINGS LLC ASPEN, CO 81611 605 W MAIN ST #2 SPERAW ENDEAVORS LLC SNOWMASS VILLAGE, CO 81615 PO BOX 6575 GARMISCH LODGING LLC ASPEN, CO 81611 605 W MAIN ST #2 GARMISCH LODGING LLC ASPEN, CO 81611 605 W MAIN ST #2 WEST HOPKINS LLC LOS ANGELES, CA 90071 400 S HOPE ST, STE 1000 GARMISCH LODGING LLC ASPEN, CO 81611 605 W MAIN ST #2 ELKMAX LLC ASPEN, CO 81611 605 W MAIN ST #2 220 WEST MAIN STREET LLC ASPEN, CO 81611 201 CASTLE RIDGE GARMISCH LODGING LLC ASPEN, CO 81611 605 W MAIN ST #2 MELTON DAVID ASPEN, CO 81611 135 W MAIN ST #A 211 WEST MAIN LLC ASPEN, CO 81611 323 W MAIN ST INNSBRUCK CONDO ASSOC ASPEN, CO 81611 233 W MAIN ST GARMISCH LODGING LLC ASPEN, CO 81611 605 W MAIN ST #2 BROWDE KRISTEN PRATA CHAPPAQUA, NY 10514 604 QUAKER RD ELKMAX LLC ASPEN, CO 81611 605 W MAIN ST #2 2401 BLAKE LLC DENVER, CO 80202 1615 CALIFORNIA ST # 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Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content represented. Map Created on 2:47 PM 01/21/22 at http://www.pitkinmapsandmore.com State Highway Road Centerline 4K Primary Road Secondary Road Service Road Rivers and Creeks Continuous Intermittent River, Lake or Pond Town Boundary Federal Land Boundary BLM State of Colorado USFS PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Natalie Feinberg Lopez, Historic Preservation Officer, natalie.feinberglopez@aspen.gov DATE: February 3, 2022 PROJECT LOCATION: 205 W. Main Street REQUEST: Major Development, Relocation, Historic Preservation Benefits, Growth Management, Affordable Housing Credits REPRESENTATIVE: Stan Clauson, Stan Clauson and Associates, stan@scaplanning.com DESCRIPTION: 205 W. Main is a landmark designated, Mixed Use zoned, 7,500 square foot property which contains a Victorian era single family home that was constructed in 1890 and moved to the current location in 1949. A potential purchaser in interested in creating multi-family housing and affordable housing credits. Based on the discussions held at a site visit and a Pre-Application Conference, staff understands that the scope of work is likely to include a proposal to demolish a small non-historic addition at the southwest corner of the miner’s cottage. Based on initial review of maps of the home in its original location, it appears that a lean-to addition spanning the rear of the home is from the late 1800s/ early 1900s and would require preservation, but the more recently added element referenced above would not. The historic resource is to be re-positioned towards the northwest corner of the site and expanded below grade. A new detached structure would form an L-shape along the east and south sides of the historic resource. Setback variations may be requested to provide appropriate distancing between the structures and to preserve trees and lilacs on the site to the extent possible and as determined by the Parks Department. In preparing the application, please refer to the Mixed Use zone district for guidance on dimensional requirements. The Transportation and Parking Management section of the land use code establishes that the parking requirement is 1 parking unit per dwelling unit, which may be provided as a mix of on-site parking, TIA measures and cash-in-lieu. At least one on-site space will likely need to be accessible and approximately twice the width of a standard parking space. In addition, the alley frontage will need to include adequate trash and recycling storage and utilities. Prior to the preparation of a recommendation to HPC, staff will refer the application to other City Departments for comments and proposed conditions of approval. The applicant will be required to prepare a Transportation Impact Analysis for Engineering Review. HPC will apply the land use code, the Historic Preservation Design Guidelines and the Main Street Historic District Guidelines to the project review. Please note that the historic structure is exempt from Residential Design Standards review, but the new structure is not. The first step will be Conceptual review (site plan, treatment of historic resource, height, scale, massing and proportions of new development), Relocation, Variations and GMQS/Affordable Housing Credits. Following Conceptual approval, staff will inform Council of HPC’s decision, allowing them the opportunity to “call up” any aspects of the approval that they find require additional discussion. This is standard practice for all significant reviews before HPC. The last step is Final design review by HPC, primarily landscape plan, lighting, fenestration, and selection of new materials. RELEVANT LAND USE CODE SECTIONS: Section Number Section Title 26.304 Common Development Review Procedures 26.304.035 Neighborhood Outreach 26.415.070.D Major Development 26.415.090 Relocation 26.415.110.C Historic Preservation Variations, Benefits 26.470.080 General Review Standards: Affordable Housing 26.470.100.C Planning and Zoning Commission Applications, Affordable Housing 26.515 Transportation and Parking Management 26.540.070 Review Criteria for Establishing an Affordable Housing Credit 26.575.020 Calculations and Measurements 26.600 Impact Fees 26.620 School Land Dedication 26.710.180 Mixed Use (MU) Zone District 12.10.050 Trash Storage Space Required for Multi-Family Developments For your convenience – links to the Land Use Application and Land Use Code are below: Land Use Application Land Use Code Historic Preservation Design Guidelines Review by: Staff for completeness and recommendations HPC for determinations, City Council for notice of the HPC Conceptual decision. Council has the authority to remand the Conceptual decision back to HPC for further consideration. Public Hearing: Yes Neighborhood Outreach: Yes Referrals: Yes, the project will be referred to the Development Review Committee. Fees: Conceptual- $3,250 for 10 billable hours of planning staff time plus referral fees in the amount of $325 deposit for 1 hour of Engineering Review, a $975 flat fee for Parks, a $975 flat fee for APCHA for a total of $5,525. (Additional/ lesser deposit hours will be billed/ refunded at a rate of $325 per hour) Final- $1,950 for 6 billable hours of planning staff time. (Additional/ lesser deposit hours will be billed/ refunded at a rate of $325 per hour) APPLICATION CHECKLIST: Below is a list of submittal requirements. Please email the application as one pdf to natalie.feinberglopez@aspen.gov for an initial determination of completeness. Completed Land Use Application and signed Fee Agreement. Pre-application Conference Summary (this document). Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, 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. Applicant’s name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. HOA Compliance form List of adjacent property owners for both properties within 300’ for public hearing. An 8 1/2” by 11” vicinity map locating the parcel within the City of Aspen. Site improvement survey including topography and vegetation showing the current status, certified by a registered land surveyor, licensed in the state of Colorado. A written description of the proposal and an explanation of how the proposed development complies with the relevant review standards and design guidelines (please note that landmarks are except from the Residential Design Standards.) Scaled site plan and drawings of all proposed structures or additions. A written report from a licensed engineer or architect regarding the soundness of the miner’s cottage to be relocated. Evidence of the financial ability to undertake the safe relocation, preservation and repair of the miner’s cottage through the posting of bonds or other financial measures deemed appropriate. Supplemental materials to provide a visual description of the context surrounding the designated historic property including photographs and other exhibits, as needed, to accurately depict location and extent of proposed work. The net livable square footage of each residential unit in the development. If applicable, the conditions under which reductions from net minimum livable square footage requirements are requested according to APCHA guidelines. Proposed Category Designation of sale or rental restriction for each unit in the development. Proposed employees housed by the affordable housing unit in increments of no less than one one-hundredth (0.01) according to Section 26.470.100.2- Employees Housed. A mobility plan meeting the requirements of Chapter 26.515 of the Aspen Municipal Code. For Conceptual the following items will need to be submitted in addition to the items listed above: • Graphics identifying preliminary selection of primary exterior building materials. • A preliminary stormwater design. For Final the following items will need to be submitted in addition to the items listed above: • Final selection of all exterior materials and samples or clearly illustrated photographs. • A lighting plan and landscape plan, including any visible stormwater mitigation features. Once the copy is deemed complete by staff, the application fee will be requested. 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.