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Home My WebLink AboutLand Use Case.521 E Hyman Ave.0062.2012.ASLUr 1- 0062.2012.ASLU 521 E. HYMAN AVE 2737-18-2-54-001 REVIEW OF SIA PLANS iÂ¢ 1_ 66 Â«201 \ Sco n#01 5/4(0 1 1 r i 1 14#/4 61\ t L 'cal 9 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0062.2012.ASLU PARCEL ID NUMBERS 2737-18-2-54-001 PROJECT ADDRESS 521 E HYMAN AVE PLANNER CHRIS BENDON CASE DESCRIPTION REVIEW OF SIA PLANS REPRESENTATIVE STAN CLAUSEN DATE OF FINAL ACTION 10/15/12 CLOSED BY ANGELA SCOREY ON: 12/16/2015 27 3 -7 - C N 2 - 5-4- Â·601 -- -PO -6 9-' 2-0 lz-. All_-Ad . : Prf]2]jEL ..31 LI W ' Elle Edit gecord NavigaW Fgrm Report Format Iab Help i@2*, :-7 -2 1Titled 03,] D 1 . /. 7 %4 lump 1 r *Melo I li g â‚¬ 2 3 3 -1 *Ii,3(-f l~.~, Jl?] Rogting Status | Feei | Fee SummarY 141 Actions | Attachments j Routing ~story ~ faluation ~ ArchlEng ~Custom Fields 1 Sub termits 4 k ~ j Permit type aslu - Aspen Land Use Permit # 0062.2012.ASLU 2,2 Address 521 E HYMAN AYE Apt/Suite City ASPEN State FTT| Zip 81611 Permit Information $ ~ g' Master permit Routing queue aslu07 Applied 921012 In Project RatE pen*, Approved 1 0 9 Description REVIEW OF SIA PLANS Iged ' Closed/Rnal ' Submitted STAN CLAUSEN 925 2323 clock ~ Days ~ Expires 9/16/2013 â€¢ Submitted via w 1 Owner Last name MOUNTAIN RESORT TRUST : First name PO BOX 4273 ASPEN CO 81612 Phone ()- Address Appicat 0 Owner is applicant? U Contactor is applicant? Last name ASPEN CORE VENTURES, L ~ First name CK) ANDREN HECHT 601 EAST HYMAN AVE Phone () - Cust# ~29136 ASPEN CO 81611 Address < ~ Lender < , Last name 1,Â·'- First name I Phone ()- Addrez 44~*mverl aruelaY I joff--Â·i 660 # 260 3 Avvu.Jr \,110 '00 #4474 * ~90-1- 2.(09Â·00 2/c--2 9 32*49 7(a.viA .(-ee,5 9 *, F - 8 ~oqooi~ sdno~/4~11 . SUBDIVISION IMPROVEMENT AGREEMENT FOR ASPENCORE SUBDIVISION (517 EAST HYMAN AVENUE, 521 EAST HYMAN AVENUE, AND THE PARKING LOT ON THE CORNER OF HUNTER AND HYMAN STREETS) TH~,SUBDIVISION IMPROVEMENT AGREEMENT, ("SIX') is entered into as of this ~ ~'|~ day of ~L E-, 2012 by and between the City of Aspen, Colorado, a home rule Colorado municipality, ("Citâ‚¬') and AspenCore Ventures, LLC, a Colorado limited liability company ("Owner"). RECITALS A. The City adopted Ordinance No. 5 (Series of 2012) on February 13,2012 ("Ordinance 5"). B. As required by Section 3 of Ordinance 5, Owner has made and submitted to the City for approval a subdivision plat ("Plat") under the name and style of the "ASPENCORE SUBDIVISION" ("Subdivision") for the purpose of subdividing 517 East Hyman (Lots E, Block 95), 521 East Hyman Avenue (Units 1 and 2 of the Benton Building condominiums, aka Lot F, Block 95), and the parking lot located at the southwest corner of Hunter and Hyman Streets (Lots G, H, and I, Block 95) City and Townsite of Aspen into one (1) development lot, known as AspenCore, Lot 1. C. Owner is the owner of AspenCore, Lot 1, AspenCore Subdivision, consisting of Lots E, F, G, H, and I of Block 95, City and Townsite of Aspen, containing two buildings including: 1) a mixed use building at 521 East Hyman Avenue, aka "the Benton Building" and 2) a one story commercial building at 517 East Hyman Avenue, aka "Little Annie's with a total of existing commercial floor area of 7,505 square feet. D. Ordinance No. 5 (series of 2012) granted approval for a mixed use commercial and residential development consisting of 33,005 square feet of floor area, including 24,055 square feet of commercial floor area and 8,950 square feet of residential floor area. E. The Plat has been approved by the City as required by Ordinance 5 and has been recorded at Plat BooklOD page *b, as Reception NumberÂ£51% toll- . F. The City has imposed certain conditions and requirements in connection with its approval of the Subdivision and its execution and recordation of the Plat, such matters being necessary to promote, protect, and enhance the wel fare of the public. G. Owner is willing to acknowledge, accept, abide by, and faithfully perform the conditions and requirements imposed by the City in approving the Plat. H. Under the authority of Section 26.480.070 (C and D) of the Aspen Municipal Code, City is entitled to certain financial guarantees to ensure that the required public facilities are installed, and that required landscaping is implemented and maintained, and Owner is prepared to provide such guarantees as hereinafter set forth. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and the approval, execution, and acceptance of the SIA for recordation by the City, the parties agree as follows: RECEPTION#: 593105, 10/15/2012 at 04:27:55 PM, Page 1 of 10 1 OF 53, R $271.00 Doc Code SUB IMPROVE Janice K. Vos Caudill, Pitkin County, CO * ARTICLE I PURPOSE AND EFFECT OF SUBDIVISION AGREEMENT 1.1 Purpose. The purpose of this SIA, along with the Plat, is to set forth the complete and comprehensive understanding and agreement of the parties with the respect to the development of AspenCore, Lot 1 and to enumerate all terms and conditions under which such development may occur. 1,2 Effect. It is the intent of the parties that this SIA and the Plat shall effectively supersede and replace in their entirety all previously recorded and unrecorded subdivision, condominium, and other land use approvals and related plats, maps, declarations, and other documents and agreements encumbering AspenCore, Lot 1. ARTICLE II ZONING AND REGULATORY APPROVALS 2.1 Pursuant to the Ordinance, City Council granted approval of the subdivision of the Property for the construction of a three-story mixed-use building and modifications to existing buildings consisting of 24,055 square feet of commercial floor area and 8,950 square feet of residential floor area. The residential floor area may be configured as two residential units, 6,950 sq. ft. for Unit 1 and 2,000 sq. ft. for Unit 2, subject to conditions and requirements set forth in Ordinance 5 in connection with its approval, which matters the City determined are necessary to protect, promote, and enhance the public health, safety and welfare. 2.2 In the event of any inconsistencies between the provisions of Ordinance 5 and this SIA, the provisions ofthe Ordinance shall control. ARTICLE III DEVELOPMENT AND USE REQUIREMENTS AND RESTRICTIONS 3.1 Recording. Owner shall record this SIA in the office of the Pitkin County Clerk and Recorder within 180 days from the effective date of a Development Order issued by the City of Aspen Community Development Department. A Development Order for the Subdivision was issued with an effective date of 12 April 2012. Whereas the development is configured in such a way that a Condominium Map is also required, recordation of said Condominium Map shall occur after building permit issuance, but prior to the issuance of a certificate of occupancy. 3.2 Plan Drawings. To accompany this SIA, Owner has submitted, and the City has approved, a set of Plan Drawings consisting of 11 sheets and a title sheet, entitled "AspenCore - SIA Plans." These plans include architectural drawings, including the roof deck as shown on Sheet SIA-7; and the Streetscape/Landscape plans as shown on SIA-1 and SIA-2, incorporating pedestrian enhancements for the public right-of-way. Such plans are attached as "Appendix C" and incorporated herein by this reference. The civil engineering drawings, including grading and drainage plans, associated with this SIA will be reviewed for approval prior to building permit issuance. 3.3 Dimensional Requirements. The project for AspenCore, Lot 1, as approved, complies with the effective dimensional allowances and limitations of the Commercial Core (CC) Zone District as modified below. Compliance with these requirements will be verified by the City of Aspen Zoning Page 2 of 10 ... Officer at the time of building permit submittal. The following dimensions are approved for AspenCore, Lot 1: a. Minimum Lot Size 15,000 square feet b. Minimum Lot Width 150 feet c. Minimum Front Yard Setback 0 feet - Hyman Avenue d. Minimum Side Yard Setback 0 feet - Hunter Street e. Minimum Rear Yard Setback 0 feet - Alley f. Minimum Trash/Recycle Area Alley frontage of 23 linear feet with a 10 foot vertical clearance and a 10 foot depth. g. Maximum Building Height 41 feet for 3-story elements. h. Minimum Pedestrian Amenity Space Accommodated partially onsite and with the completion of a Pedestrian Improvement Plan as described in Â§ 8 of Ordinance 5. i. Maximum Allowable Floor Area 33,005 square feet j. Maximum Commercial Floor Area 24,055 square feet k. Maximum Commercial Net Leasable Area 22,153 square feet 1. Maximum Residential Floor Area 8,950 square feet total free market residential allocated as follows: 6,950 square feet for Unit 1 and 2,000 square feet for Unit 2 m. Maximum Residential Net Livable Area 7,605 square feet total: 6,063 square feet for Unit 1 1,542 square feet for Unit 2 n. Residential Units 2 units o. Minimum Off-Street Parking Spaces 3 spaces Slight adjustments to the dimensions represented above may occur upon review of a building permit as long as the resulting dimensions do not exceed those approved through Ordinance 5. Minor changes to the floor plans are approved as shown in the Architectural Plans. During the period of statutory vested rights all dimensions shall be calculated as described herein; however, where not specifically addressed herein, dimensions shall be calculated as provided in the Land Use Code in effect at the time of adoption of Ordinance 5 and attached hereto as "Appendix B." Decks are approved for the project and are as shown in the plans attached to this SIA. If an application is submitted by the Owner, the residential floor area and residential net livable area described above for Unit 1 may be divided into two units through an administrative approval by the Community Development Director. The residential floor area and residential net livable area described above may not be increased without approval by City Council. Growth Page 3 of 10 . I Management mitigation for the third free market residential unit is required and shall be in the form of a cash in lieu payment calculated at the time of building permit submittal for the third unit. 3.4 Employee Generation and Mitigation. The existing net leasable calculations for both the Benton Building (521 E. Hyman Avenue) and Little Annie's (517 E. Hyman Avenue) is 7,505 square feet. City Council granted a credit of commercial net leasable for the preservation of these buildings. Pursuant to Chapter 26.470, Growth Management, of the Aspen Land Use Code, historic landmarks are eligible for growth management benefits. As such, the two free market residential units are permitted without affordable housing mitigation for the historic preservation of two buildings. The project is required to provide housing mitigation to house 9 employees, and has deed restricted a previously unrestricted two-bedroom residential unit located in the Hunter Creek Subdivision at 814 Vine Street, filed as Reception No. 589133. The deed restriction satisfies the required off-site housing mitigation requirement of 2.25 Full Time Equivalents (FTEs). Pursuant to City Council Ordinance No. 5, Series of 2012, owner is required to pay cash-in-lieu for the remaining 6.75 FTEs at the rate of $139,890 per FTE for a total of $944,257.50. Alternate methods of providing mitigation for the remaining 6.75 FTEs may include the purchase of Affordable Housing Credits or the deed restriction of additional units which may be subject to City Council and APCHA approval. If applicable, affordable housing credits shall be extinguished prior to a Certificate of Occupancy for the mixed used addition and the deed restriction of additional units shall be recorded prior to a Certificate of Occupancy for the mixed use addition. 3.5 Affordable Restaurant Deed Restriction. The site currently occupied by Little Annie's Restaurant (the "Restaurant Site") shall be restricted in perpetuity by a deed restriction approved by the City Attorney and thereafter recorded with the Clerk and Recorder's Office of Pitkin County so that the Restaurant Site may be used only for the operation of a "low-priced restaurant" (as defined.) Future rent for the Restaurant Site shall not exceed rent for the current year, as adjusted each calendar year by an amount equal to the percentage increase, if any, in the CPI-U, U.S. City Average, All Items, (1982- 84=100) Consumer Price Index (the "CPI"), over the CPI in effect for the month and year of the effective date of Ordinance5. For purposes of this paragraph, the term "low-priced restaurant" means a restaurant offering menu items priced not more expensively, on a relative basis when compared to other sit down restaurants in Aspen, Colorado, than the current menu prices. A copy of the current menu prices at the Restaurant Site shall be kept and maintained by the City of Aspen Community Development Department which shall constitute conclusive evidence of the current menu prices. Any other uses, including other uses allowed in the CC Zone District as a matter of right, or any greater increases in rent shall be permitted only upon the agreement of the Owner and the City. The deed restriction shall be recorded prior to granting a certificate of occupancy for the mixed use addition. The applicant shall make a reasonable good faith effort to find a tenant for the spaces. 3.6 Trash/Utility Service Area. The trash containers shall be wildlife proof and meet the City's Certificate of Appropriateness regulations pertaining to size and security. 3.7 Sidewalks. Curb and Gutter. The sidewalks shall meet the City Engineer's standards and ADA requirements. Prior to issuance of a building permit, Owner shall provide a sidewalk, curb and gutter plan that meets the approval of the City Engineer. Such improvements shall be made prior to issuance of a Certificate of Occupancy for units on AspenCore, Lot 1. 3.8 Benton Building Restoration. Owner commits to completion of the restoration of the Benton Building pursuant to plans dated 13 February 2012, which shall be required prior to receiving a certificate of occupancy or a conditional certificate of occupancy for any portion of the new mixed use building. The Owner commits to provide $2 million toward the Benton Building restoration, which shall Page 4 of 10 ' 1 include interior and exterior improvements, as well as hard and soft costs, and a process to account for the funds expended. Owner shall restore the Benton Building to its original appearance. If the restoration costs, as detailed above, amount to less than $2 million, then the remainder of the funds shall be provided to the City of Aspen for historic preservation efforts. 3.9 Engineering Department Requirements. Owner shall comply with all sections of the City of Aspen Municipal Code, Title 21, Title 28, and all construction and excavation standards published by the Engineering Department. A construction management plan must be submitted in conjunction with the building permit application. A completed grading and drainage plan as outlined in the Urban Runoff Management Plan shall be submitted to City Engineering as part of the Building Permit submittal. Failure to meet the standards in Title 21 and Title 28 may result in the physical change to the project and possible review by the City Council and/or HPC to amend the design. Any transformers, telephone pedestals and any other above ground utility boxes will need to be located on the property instead of the ROW. 3.10 Water Department Requirements. Owner shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Each of the units within the mixed use building shall have individual water meters. 3.11 Sanitation District R.equirements. Owner shall comply with the Aspen Consolidated Sanitation District's (ACSD) rules, regulations, and specifications which are on file at the District office. 3.12 Exterior Lighting. All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting. 3.13 Public Improvements. Owner has agreed to provide certain Public Improvements and completion of said Public Improvements was made a specific condition of the approval of Ordinance 5. Owner will faithfully complete the Public Improvements listed below before the Owner is issued a Certificate of Occupancy or a Conditional Certificate of Occupancy by the Building Department for the mixed use addition. The determination of satisfactory completion of the Public Improvements shall be within the sole discretion of the City Engineering or Building Departments. Owner herby confirm its agreement to complete all Public Improvements in this Subdivision Agreement. The following are Public Improvements the Owner has agreed to complete: a. Compliance with the parks improvements, including a Landscape Plan, referenced in Â§ 14 of Ordinance 5, and attached as part of the AspenCore - SIA Plans; b. The public amenity requirement set forth at Â§ 8 of Ordinance 5, and incorporated as part of the Landscape Plan. 3.14 Off-Street Parking. There shall be a minimum of three (3) garage parking spaces, accessible from the alleyway. 3.15 Vested Rights. a. The Ordinance, the Plat, and any Condominium Maps, when recorded, all as amended and this SIA between the parties, collectively granting and defining the final approvals for AspenCore, Lot 1 ("Approvals") constitute an approved "site-specific development plan" pursuant to Â§24- 68-101, et seq., C.R.S. (the "Vested Rights Statute"), and shall establish and extend vested property rights to develop AspenCore, Lot 1 in the manner contemplated by the Approvals pursuant to the Vested Rights Statute until three (3) years from the issuance of the Development Order for the Project (the "Vesting Period Expiration Date"). A Page 5 of 10 Development Order was issued on 12 April 2012, indicating that the Vesting Period Expiration Date is 12 April 2015. Approvals for AspenCore, Lot 1 shall be vested against any changes in the City Code which may be contrary or in conflict with those rights described herein above, through the Vesting Period Expiration Date. This SIA shall be considered a "development agreement" as that term is used in Â§24-68-104, C.R.S., and shall include the right to develop and use AspenCore, Lot 1 in the manner permitted under the Approvals. b. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Sec. 26.104.050, Void Permits. c. For purposes of this provision the submission and acceptance of a building permit application for the restoration of the Benton Building as part of the enlargement of a historic landmark that is deemed compete by the Chief Building Inspector pursuant to Land Use Code Section 26.304.075 shall satisfy the requirements of vested rights and prevent the expiration of the vested rights of the applicant and any related development orders under Land Use Code Section 26.304.070.D. 3.16 Material Representations. All material representations made by Owner on record, whether in public hearings or in documentation presented before City Council and the Historic Preservation Commission, shall be binding upon the Owner, successors, and assigns. 3.17 Public Improvements Costs Estimates. Attached hereto as "Appendix A" are cost estimates for public improvements proposed by Owner together with a description o f those improvements for AspenCore, Lot 1. ARTICLE IV 4.1 Public Amenity Space. The open space in front of the Benton Building qualifies as Public Amenity space and meets a portion of the requirement Pursuant to Land Use Code Subsection 26.575.030.c.2, Public Amenity, the Applicant commits to provide the remaining 7.3 % of the public amenity requirement offsite through the completion of a pedestrian improvement plan. The pedestrian improvement plan shall provide extensive improvements to the Hyman and Hunter Streets right-of-ways and is subject to approval by the Parks, Community Development and Engineering Departments. The improvements shall be installed at the cost ofthe Owner and shall be in addition to the basic street, curb, gutter, sidewalk, and, landscaping improvements required under the Municipal Code. 4.2 Park Development Impact Fee and TDM/Air Quality Fee. Pursuant to Land Use Code Sec. 26.610.030, Exceptions, development involving a property listed on the Aspen Inventory of Historic Landmark Sites and Structures is exempt from the Parks Development and Air Quality/TDM Impact Fees. 4.3 School Lands Dedication Fee. Owner shall pay a fee-in-lieu of land dedication prior to issuance of a building permit, calculated by the City of Aspen Community Development Department using the calculation methodology and fee schedule in affect at the time of building permit submittal. 4.4 Parking. Pursuant to Land Use Code Sec. 26.515, Parking, new net leasable area is required to mitigate parking impacts either through onsite spaces or cash in lieu. The Owner agrees to pay the cash in lieu fee of $384,000 prior to the building permit issuance: Page 6 of 10 , 0 1 An increase to the square feet of net leasable area shall require additional cash in lieu payment according to the methodology provided in Ordinance 5. ARTICLE V COST AND FINANCIAL ASSURANCES 5.1 Proof of Financing. Before the issuance of a building permit for the development of AspenCore, Lot 1, and as a condition of such approval, Owner shall provide to the City Building Department and City Attorney for review and approval, satisfactory evidence that Owner has in place sufficient financing to accomplish and complete the construction of the development on AspenCore, Lot 1 covered by the building permit and any public improvements identified within this SIA and required under Ordinance 5; provided, if there is no loan with respect to development of AspenCore, Lot 1, then Owner shall provide a letter from a financial institution stating that Owner has funds available in an amount that covers the estimated cost of construction for the development of AspenCore, Lot 1. Such financing may include without limitation, a construction loan from an institutional lender or lenders and equity capital investments and/or donations from Owner or third party investors or contributors. In addition, before issuance of a building permit for AspenCore, Lot 1 Owner shall provide supporting cost estimates for all improvements covered by the requested building permit prepared by that Owner's general contractor for review and approval by the City of Aspen Building Department. 5.2 Cash Escrow for Site Enhancement Fund. Before the issuance of a building permit for AspenCore, Lot 1, and as a condition of such issuance, the owner of AspenCore, Lot 1 will deposit with Stewart Title of Aspen, Inc. the sum of TWO HUNDRED FIFTY THOUSAND DOLLARS AND NO/100THS ($250,000.00) (the "Site Enhancement Escrow Funds") in the form of cash or wired funds pursuant to an Escrow Agreement made and entered into between Owner of AspenCore, Lot 1 and the City which shall provide as follows: i. In the event construction work on the development of AspenCore, Lot 1 shall cease for ninety (90) days or longer prior to a final inspection by the City of the work authorized by a foundation/structural frame permit ("F/SFP") on such lot, then the City in its discretion may draw upon the Site Enhancement Escrow Funds from time to time as needed for the purposes of improving the appearance of any construction work already completed, and for the installing of any public improvements on or adjacent to AspenCore, Lot 1 as specified Appendix A "AspenCore Subdivision, Lot 1-Public Improvements Costs Estimates" as attached to the SIA. ii. The City shall have sole discretion with respect to the manner of improving the appearance of construction work in progress as well as a determining the public improvements to be installed. iii. The Site Enhancement Escrow Funds or any remaining balance thereof shall be returned to Owner of AspenCore, Lot 1 upon completion by the City of a final inspection and issuance of a Certificate of Occupancy for AspenCore, Lot 1, or when otherwise agreed to by Owner of AspenCore, Lot 1 and the City. iv. The City shall be named as a third party beneficiary of the Escrow Agreement with the express right and authority to enforce the same from time to time in accordance with the tenor in terms thereof. 5.3 Cash Escrow for Site Protection. Before the issuance of a building permit for AspenCore, Lot 1, and as a condition of such issuance, the owner of AspenCore, Lot 1 will deposit with Stewart Title of Aspen, Inc. the sum of TWO HUNDRED FIFTY THOUSAND DOLLARS AND Page 7 of 10 NO/100THS ($250,000.00) ("Escrow Funds") in the form of cash or wired funds pursuant to an Escrow Agreement made and entered into between Owner of AspenCore, Lot 1 and the City which shall provide as follows: v. In the event construction work on the development of AspenCore, Lot 1 shall cease for sixty (60) days or longer ("Work Stoppaize") prior to a final inspection by the City of the work authorized by a foundation/structural frame permit ("F/SFP") on such lot, then the City in its discretion may draw upon the Escrow Funds from time to time as needed for the purposes of protecting and securing the Lot/construction site and improvements thereon from damage by the elements and/or from trespass by unauthorized persons, and for purposes of improving the site to a safe condition such that it does not become an attractive nuisance or otherwise pose a threat to neighbors or other persons. vi. The Escrow Funds or any remaining balance thereof shall be returned to Owner of AspenCore, Lot 1 upon completion by the City of a final inspection of the work authorized by the Foundation/Structural Frame Permit on the project. vii. The City shall be named as a third party beneficiary of the Escrow Agreement with the express right and authority to enforce the same from time to time in accordance with the tenor in terms thereof. ARTICLE VI GENERAL PROVISIONS 6.1 Construction. It is the intent of the parties that this SLA and the Plat shall effectively supersede and replace in their entirety all previously recorded and unrecorded subdivision, condominium, and other land use approvals and related plats, maps, declarations, and other documents and agreements encumbering AspenCore, Lot 1. 6.2 Binding Effect. The provision of this SIA shall be binding upon and inure to the benefit of Owner and City and their respective successors and assigns. 6.3 Situs. This SIA shall be subject to and construed in accordance with the laws of the State of Colorado. 6.4 Invaliditv. If any provision of this SIA or any paragraph, sentence, clause, phrase, word, or section or the application thereof in any circumstance is invalidated, such invalidity shall not affect the validity of the remainder of this SIA, and the application of any such provision, paragraph, sentence, clause, phrase, word, or section in any other circumstance shall not be affected thereby. 6.5 Entire Agreement. This SIA and Appendices attached hereto, and Ordinance # 5, series 2012 contain the entire understanding between the parties hereto with respect to the transactions contemplated hereunder. Owner, its successors or assigns, may on its own initiative, petition the City Council for an amendment to this or for an extension of one or more of the time periods required for performance hereunder. The City shall not unreasonably deny such petition for amendment or extension after considering all appropriate circumstances. Any such amendments or extensions of time shall only become effective upon the execution by all parties hereto that are affected by the proposed amendment. Page 8 of 10 6.6 Section Numbers & Headings. Numerical and title headings contained in this SIA are for convenience only, and shall not be deemed determinative of the substance contained herein. As used herein, where the context requires, the use of the singular shall include the plural and the use of any gender shall include all genders. 6.7 Notice. Notices to be given to the parties to this SIA shall be considered to be given if hand delivered or if deposited in the United States Mail to the parties by registered or certified mail at the addresses indicated below, or such other addresses as may be substituted upon written notice by the parties or their successors or assigns: CITY: City o f Aspen City Manager 130 South Galena St. Aspen, CO 81611 OWNER: AspenCore Ventures, LLC Attn: Andrew V. Hecht, Esq. Garfield & Hecht, P.C. 601 E. Hyman Avenue Aspen, Colorado 8161 1 6.8 Counterparts. This SIA may be executed in counterparts, in which case all such counterparts together shall constitute one and the same instrument which is binding on all of the parties thereto, notwithstanding that all of the parties are not signatory to the original or the same counterpart. Facsimile signatures shall be treated as original signatures hereon. 6.9 Covenant Running with the Land. The terms, conditions, provisions and obligations herein contained shall be deemed covenants that run with and burden AspenCore, Lot 1 and any and all owners thereof or interests therein, their respective successors, grantees or assigns, and further shall inure to the benefit of and be specifically enforceable by or against the parties hereto, successors and assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year above first written. CITY: City of Aspen, Colorad~) Colorado muni,Â®al corporatigNI Michael C. Ireland, Mayor Attest: , ' De' L , A r Ail -1 ?Â£ Cxf_Â¥9u /Ay/.Li& )(/44111 m Kathryn S, Koch;tify Clerk APPROVED AS TO FORM: ~ 6 c.144; A Tr-- , City Auorney Page 9 of 10 OWNER: AspenCore Ventures,ALC By: 5*~~~4 Nikos Hecht, Manager STATE OF COLORADO ) )SS. COUNTY OF PITKIN ) The foregoing instrument was acknowledged befgmaÂ£ithis /Otay of (1141â‚¬T , 2012, by Michael C. IreladS~/9~~Â£JMrwad *tathfyn--6.*oeh as-Clity Clerk of the City of Aspen, Colorado, a municipal corpol~ A Witn*Â§ n~ h nd and offic~1 sdN. My c#nnission expires: tkt.11 9 1, 1&45+Mt*an Notary Public W.:Oed?.49, '26,4 86,*' STATE OF COLORMI<U)$94- I--4.0- COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 3"hay ofOdtAOev-, 2012, by Nikos Hecht, Manager of AspenCore Ventures, LLC. Witness my hand and official seal. My commission expires: Notary Public -*3 J 1 SASHA LYN SEMPLE NOTARY PUBLIC STATE OF COLORADO NOTARY ID #19964011120 My Commission Expires July 18, 2016 Page 10 of 10 1 1 J . APPENDIX-A, Estimate of Probable Cost for ROW Improvements Source: SE 12094-Civil Drawings Pages Set issued on 09/20/2012 Date: October 6. 2012 Item # DESCRIPTION OF WORK Unit Quantity U n it Price Total SITE PREP: 1 Mobilization and Demobilization LS 1.00 13,400.00 13,400.00 2 Traffic Management-singning, barricading, flagging, public outreach - project duration LS 1.00 12,000.00 12,000.00 EROSION CONTROL: 1 Construction Erosion control LS 1.00 4,000.00 4,000.00 2 Inlet protection Each 1.00 750.00 750.00 3 Vehicle tracking Control - sweeping LS 1.00 3,000.00 3,000.00 REMOVAL ITEMS (demolition): Remove traffic sign Each 1.00 400.00 400.00 1 Saw cut to full depth, remove, and dispose asphalt pavement mat SF 6,066.00 8.00 48,528.00 2 Sawcut to full depth, remove and dispose concrete flatwork SF 3,396.00 7.00 23,772.00 3 Sawcut to full depth, remove and dispose concrete C&G LF 283.00 16.00 4,528.00 4 Abandon existing storm sewer LS 1.00 500.00 500.00 CONSTRUCTION ITEMS: 1 Backfill & Compaction - ABC Class 6 compacted In-place quantity CY 63.00 46.00 2,898.00 2 12 foot wide concrete sidewalk - 4" thick (3110.8 st excludes tree well/landscape areas) CY 38.40 420.00 16,128.00 3 12 foot wide reinforced concrete alley draive ramp - 6" thick (includes wings) CY 6.20 480.00 2,976.00 4 Concrete curb and gutter - 24" wide catch pan LF 283.00 44.00 12,452.00 5 Concrete Pedestrian Ramp with Streel Detectable warnin Pad Each 1.00 2,800.00 2,800.00 6 Hot mixed asphalt (HMA) pavement-4" thick, placed in two 2" lifts Ton 152.00 160.00 24,320.00 7 Pavement marking - Epoxy paint, project total LS 1.00 1,100.00 1,100.00 8 4" DIP class-52 Serice Line LF 141.00 120.00 16,920.00 9 4" Gate Valve Each 1.00 1,800.00 1,800.00 10 Sanitary Sewer Service Line LF 11.00 70.00 770.00 11 Shallow/Dry Utility Conduits and trench filling - 4 tolal runs LF 26.00 40.00 1,040.00 12 15" diameter RCP CL-Ill LF 77.00 150.00 11,550.00 13 5' diameter Strom Sewer MH - Cast on top of the existing Hyman Avenue Storm Sewer Each 2.00 10,000.00 20,000.00 14 Curb Inlet Each 1.00 5,800.00 5,800.00 15 Traffic sign (MUTCD Rl-1, stop sign) Each 1.00 400.00 400.00 16 Reset Street Light LS 1.00 3,000.00 3,000.00 Subtotal Construction = 234,832.00 15% Contingency = 35,224.80 Total Construction = 270,056.80 Construction Adminstartion - Civil Consultant Services: 1 Pre-construction services LS 1.00 1,000.00 1,000.00 2 CA services - constr coordination, field observation, inspections, pay ap processing LS 1.00 10,000.00 10,000.00 3 Construction Staking and preparation of as-built drawings pre City's requirements LS 1.00 5,000.00 5,000.00 Tota I CM = 16,000.00 LANDSCAPE AND PEDESTRIAN AMENITY IMPROVEMENTS 1 Silva Cell system CF 3,740.00 14.00 52,360.00 2 7 - Sterling Silver Linden (Tiho tomentosa 'Ster/ing Si/ver' ) 5 - Crimson Sentry Norway Maple (Acer platanoides 'Crimson Sentry') Each 12.00 1,200.00 14,400.00 3 Tree Grate - Ironsmith Part No. 4814-1 Each 12.00 1,500.00 18,000.00 - Subtotal Landscape = 84,760.00 15% Contingency = 12,714.00 Total Landscape = 97,474.00 TOTAL LOT 1 = 383,530.80 Appendix B Applicable Calculations and Measurements for Aspen Core Subdivision 26.575.020. Calculations and Measurements. A. Pt,/pose. 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 supersedcs the dimensional limitations of an individual structural component. For example, if a deck is permitted to be developed within five feet of a property boundary and a garage must be a minimum of ten feet from the same property boundary, a garage with a deck on top of it inay not be developed any. closer than ten feet from the property boundary or otherwise produce an aggregated structural component that extends beyond the setback limit of a garage. Non-conforming aspects of a property or structure are limited to the specific physical nature of the non-conformity. For example, a one-story structure which extends into the setback may not be developed with a second-story addition unless the second story complies with the required setback. Specific non-conforming aspects of a properly cannot be converted or exchanged in a manner that creates or extends a different specific non-conforming aspect of a property. For example, a property that exceeds the allowable floor area and contains deck area that exceeds the amount which may be exempted from Iloor area cannot convert deck space into additional interior space. C Measuring Net Lot Area. A property's development rights are derived front 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. The method for calculating a parcel's Net Lot Area is as follows: Table 26.575.020-1 Percent of parcel to Percent of parcel to be included in Net be included in Net Lot Area to Lot Area to determine allowable determine Floor Area allowable Density Ordinance No. 27, Series 2010 Page 2 Areas of a parcel with 0% to 20% slope. Notes 100% 100% 2,3. Areas of a parcel with more than 20% and up For properties in the to 30% slope. Notes 2,3. R- 15B Zone: 100% 100% For all other properties: 50%. Areas of a parcel with more than 30% slope. For properties in the Notes 2,3. R-15B Zone: 100% 100% For all other properties: 0%. Areas below the high water line of a river or 0% 0% natural body of water. Note 1. Areas dedicated to the City or County for open 100% 100% space or a public trail. Areas within an existing, dedicated, reserved for dedication, proposed for dedication by the application, or vacated public vehicular right- 0% 0% of-way, public vehicular easement, or vehicular emergency access easement. Areas within an existing, dedicated, reserved for dedication, or proposed for dedication by 0% 0% the application private vehicular right-of-way or vehicular easement. Notes 4,5. Areas within a vacated private vehicular right- of-way or vehicular easement, when any affected parcel has no other established 0% 0% physical and legal means of accessing a public way. Notes 4,5. Areas within a vacated private vehicular right- of-way or vehicular easement, when all affected parcels have established alternate 100% 100% physical and legal means of accessing a public way. Notes 4,5. Areas of a property subject to above ground or below ground surface easements such as 100% 100% utilities or an irrigation ditch that do not coincide with vehicular easements. Ordinance No. 27, Series 2010 Page 3 Notes for Table 26.575.020 - 1: 1. Lot Area shall not be reduced due to the presence of man-made water courses or features such as ditches or ponds. 2. 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. 3. The total reduction in Floor Area attributable to a property's slopes shall not exceed 25%. 4. Areas of a propeity within a shared driveway easement, when both properties sharing the easement abut a public right-of-way, shall not be deducted from Lot Area. This enables adjacent property owners to combine two driveways into one without reducing development rights. 5. When a property of 9,000 square feet or less contains a private vehicular access easement dedicated to no more than one back parcel, when such back parcel has no other means of access, the area of the access easement shall not be deducted from Lot Area for either Floor Area or density purposes. Otherwise, areas of a vehicular access easement serving another parcel shall be deducted from Lot Area as provided in the table above. ... -1-------I---------- Figure 1: Shared Driveway Easement Ordinance No. 27, Series 2010 Page 4 D. Measuring Floor Area. In measuring floor areas for floor area ratio and allowable floor area, the following applies: 1. General. Floor area shall be attributed to the lot or parcel upon which it is developed. In measuring a building for the purposes of calculating floor area ratio and allowable floor area, there shall be included all areas within the surrounding exterior walls of the building or portion thereof. When measuring from the exterior walls, the measurement shall be taken from the exterior face of framing, exterior face of structural block, exterior face of straw bale, 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, elapboards or other similar exterior veneer treatments. (Also, see setbacks.) OUTSIDE INSIDE 414 - Window -A Exterlor Face <-P Â©u- UProperty of Framing / ~ -3 Line u Window Sill -~- ~ Wood Veneer -*4 h--r-- 7 J 0 6-- Framing ~ -~ Stone Veneer -A -- 11 t-- It-_ Setback measured to _72 /1- Floor Area Measured to Face of Framing edge of veneer Figure 26.575,020 - 1: Measuring to Face of Framing 2. Vertical circulation. When calculating vertical circulation, the circulation element shall be counted as follows: a. For stairs and elevators, the area of the feature shall be projected down and counted on the lower of the two levels connected by the element and not ' counted as Floor Area on the top-most interior floor served by the element. b. When a stairway or elevator connects multiple levels, the area of the feature shall be counted on all levels as if it Were a solid floor except that the area of the feature shall not be counted as Floor Area on the top-most interior level served by the element. Ordinance No. 27, Series 2010 Page 5 c. Mechanical and overrun areas above the top-most stop of an elevator shall not be counted as Floor Area. Areas below the lowest stop of an elevator shall not be counted as Floor Area. 3. Attic Space. Unfinished and uninhabitable space between the ceiling joists and roof rafters of a structure which is either inaccessible or accessible only as a matter of necessity is exempt from the calculation of Floor Area Ratio and allowable Floor Area. If the space is conveniently accessible and is either habitable or can be made habitable it shall be counted in the calculation of Floor Area Ratio and allowable Floor Area. Examples: a. An area created above a "hung" or "false" ceiling is exempt. b. An area accessible only through an exterior access panel or crawl space is exempt. c. An area accessible only through an interior pull-down access ladder is exempt. d. A sleeping loft accessible via a stairway or a ladder is counted. e. An unfinished space which has convenient access is counted. If any portion of the attic level of a structure is to be counted, then the entire level shall be included in the calculation of Floor Area Ratio and allowable Floor Area regardless of other practical limitations to routine use. Areas of an attic level with thirty (30) vertical inches or less between the finished floor level and the finished ceiling shall be exempt, regardless ofhow that space is accessed or used. that does not count 30" ./ fit ' Figure 26.575.020 - 2: Thirty inch height exemption 4. Decks. Balconies, Loggias, Gazebos, Exterior Stairways, and non-Street-facing porches. The calculation of the Floor Area of a building or a portion thereof shall not include decks, balconies, exterior stairways, non Street-facing porches, Ordinance No. 27, Series 2010 Page 6 gazebos and similar features, unless the area of these features is greater than , fifteen percent (15%) of the maximum allowable fioor area for the property and the use and density proposed. If the area of these features exceeds fifteen percent (15%) of the property's maximum allowable Floor Area (for that use and density proposed) only the areas in excess of the fifteen percent (15%) shall be attributed towards the allowable Floor Area for the property. The area of these features shall be the maximum footprint of the feature including railings, fixed seating, fixed planter boxes, overhangs, and similar structural components ofthe feature. Unenclosed areas beneath Decks, Balconies, and exterior stairways shall be exempt from Floor Area calculations unless that area is used as a carport. (See provisions for garages and carports, Subsection 7.) Enclosed and unconditioned areas beneath Porches, Gazebos, and Decks or Balconies when those elements have a finished floor.level within thirty (30) inches of the surrounding finished grade shall be exempt from Floor Area calculations regardless of how that area is used. 5. Front Porches. Porches on Street-facing fa~ade(s) of a structure developed within thirty (30) inches of the finished ground level shall not be counted towards allowable Floor Area. Otherwise, these elements shall be attributed to Floor Area as a Deck. Area ofporch ,~.- not exempt 34.~-14 S --- ' t r 7- I.J. \L. 2.-i .-1-Â£- ~1.1- SiEl /8%/ IÂ·Â·= E-?â‚¬<920= 0 Exempt al - ..7 ofporch 6. Patios and Landscape Terraces. Patios and Landscape Terraces developed at finished grade shall not be counted towards allowable Floor Area, These features Ordinance No. 27, Series 2010 Page 7 may be covered by roof overhangs or similar architectural projections of up to thirty (30) inches and remain exempt from Floor Area calculations. 7. Garages and cart)orts. For all multi-family and mixed-use buildings or parcels containing residential units, 250 square feet of the garage or carport area shall be excluded from the calculation of floor area per residence on the parcel. All garage and carport area in excess of 250 square feet per residence shall be attributed towards Floor Area and Floor Area Ratio with no exclusion. Garage and carport areas for properties containing no residential units shall be attributed towards Floor Area and Floor Area Ratio with no exclusion. In the R-15B Zone District, garage and carport areas shall be excluded ftom the calculation of Floor Area up to a maximum exemption of five-hundred-square-foot total for the parcel. In zone districts other than the It-15B Zone District, properties containing solely it Single-Family, two single-family residences, or a Duplex, the garage and carport area shall be excluded from the calculation ofFloor Area as follows: Table 26.575.020-2 Size of Garage or Carport Area excluded per primary dwelling unit (not including Accessory Dwelling Units or Carriage Houses) First 0 to 250 square feet 100% ofthe area Next 251 to 500 square feet 50% ofthe area Areas above 500 square feet No area excluded. For any property abutting an alley or private road entering at the rear or side of the property, the garage or carport area shall only be excluded from floor area calculations as described above if the garage or carport is accessed from said alley or road. If an alley or private road does exist and is not utilized for garage or carport access, the garage or carport area shall be attributed towards Floor Area calculations with no exclusion. If an alley or private road does not abut the property, the garage or carport area shall be excluded from floor area calculations as described above. 8. Subgrade areas. Subgrade or partially subgrade levels of a structure are included in the calculation of Floor Area based on the portion of the level exposed above grade. The percentage of tile gross area of a partially subgrade level to be counted as Floor Area shall be the surface area of the exterior walls exposed above the lower of natural and finished grade divided by the total exterior wall area of that level. Subgrade stories with no exposed exterior surface wall area shall be excluded from floor area calculations. Ordinance No. 27, Series 2010 Page 8 Example: If a the walls of a 2,000 square foot level are forty percent (40%) exposed above the lower of natural or finished grade then forty percent (40%) ofthat level, 800 square feet is counted as Floor Area. i/?:I~ .-h~<1:j L<5 7 j Window Well 3314%4*VT., 114 *mit 4/#r6/~///////Ijz/Â»7& 'Wojp//77*r;-- i !11,1 1,1 it, , litit, ifie Â·i!:12; . .'if fi f, ff//1 1,777Tirrr.'- 4,71111/1,~6/'16'//tl~'l///A ij', }itij/lfif{i'j)<It.jJlt,ii3~ -te- / Exposed - El Percentage of exterlor wall that's exposed equals the amount of subgrade area that will Area Below more restrictive grade - j*{ count towards floor area calculation Figure 26.575.020 - 5: Determining the amount of a subgrade floor to be counted as Floor Area For the purposes of this section, the exterior wall area to be measured shall be the interior wall area projected outward and shall not include exterior wall areas adjacent to foundation or floors of the structure. '..' ,. ..Floor Structure Area of wall to be used for subgrade , calculation 6.-1)4259404.94?nan.4 Floor structure Foundation Footer ----]=:* fl Figure 26,575,020 - 4: Measuring the Area of a Subgrade Wall Ordinance No. 27, Series 2010 Page 9 When considering multi-level subgrade spaces, adjacent interior spaces shall be considered on the same story if the vertical separation between the ceilings of the spaces is less than 50% of the distance between the floor and ceiling of either space. B A *33 C Stairs - Space A and B are on the same level, while Space A and C are on different levels. Figure 26.575.020 - 6: Determining different building levels When a partially subgrade space also contains a vaulted ceiling within a pitched roof, the wall area shall include the area within the gable o f the roof. -- -... -2, 47 ..1 , Area counts ~ towards wall calculation Figure 2: Pitched roofwith subgrade calculation Ordinance No. 27, Series 2010 Page 10 For garages that are part of a subgrade area, the garage exemption is taken from the total gross below-grade area prior to calculating the subgrade exemption. For example, a 2,000 square foot story containing a 350 square foot garage which is 40% above grade, the calculation shall be as follows: Garage exemption - the first 250 square feet is exempt and the next 100 square feet counts 50% or 50 square feet = 300 square feet of the garage which is exempt. Subgrade exemption - 2,000 gross square feet minus 300 square feet of exempt garage space = 1,700 gross square feet multiplied by 40% = 680 square feet of that level which counts towards allowable Floor Area. 9. Accessory Dwelling Units and Carriage Houses. An accessory dwelling unit or carriage house shall be calculated and attributed to the allowable floor area for a parcel with the same inclusions and exclusions for calculating floor area as defined in this Section. 10. Permanently Affordable Accessory Dwelling Units and Carriage Houses. One hundred percent (100%) of the area of an Accessory Dwelling Unit or Carriage House which is detached from the primary residence and deed-restricted as a "for sale" affoydable housing unit and transferred to a qualified purchaser in accordance with the Aspen/Pitkin County Housing Authority Guidelines, as amended, shall be excluded from the calculation of floor area, up to a maximum exemption of one thousand two hundred (1,200) square feet per parcel. In addition, the allowable floor area of a parcel containing such a permanently affordable Accessory Dwelling Unit or Carriage House shall be increased in an amount equal to fifty percent (50%) of the fioor area of the Accessory Dwelling Unit or Carriage House, up to a maximum bonus of six hundred (600) square feet per parcel. 11. Sheds, Storage Areas, and similar Accessory Structures. Sheds, storage areas, greenhouses, and similar uninhabitable accessory structures, not within a garage, are exempt from floor area limitations up to a maximum exemption of thirty-two (32) square feet per residence. Storage areas within a garage shall be treated as garage space eligible for the garage exemption only. Accessory structures thirty-six inches or less in height, as measured from finished grade, shall be exempt from Floor Area calculations (also see setback limitations). Accessory structures larger than thirty-two square feet per primary residence and more than thirty-six inches in height shall be included in their entirety in the calculation of Floor Area. Properties which do not contain residential units are not eligible for this Floor Area exemption. 12. Historic Sheds and Outbuildings. The Community Development Director may provide a parcel containing an uninhabitable and limited function historic shed, outbuilding, or similar historic artifact with a Floor Area exemption to accommodate the preservation of the historic resource. The shed or outbuilding must be considered a contributing historic resource of the property. Functional outbuildings, such as garages, art studios, home offices, and the like shall not be eligible for an exemption. Ordinance No, 27, Series 2010 Page 11 The Director may consult the IIistoric Preservation Commission prior to making a determination. The Director may require the property' s potential to receive Floor Area bonuses be reduced to account for the structure. The exemption shall be by issuance of a recordable administrative determination and shall be revocable if the artifact is removed from the property. 13. Wildlife-Resistant Trash and Recycling Enclosures. Wildlife-resistant trash and recycling enclosures located in residential zone districts are exempt from floor area requirements of the zone district regulations if the enclosure is the minimum reasonably necessary to enclose the trash receptacles in both height and footprint, is an unconditioned space not located inside other structures on the property, and serves no other purpose such as storage, garage space, or other purposes unrelated to protecting wildlife. Wildlife-resistant dumpster enclosures located in commercial, mixed-use, or lodging zone districts are not exempt from floor area requirements and shall comply with zone district requirements for Utility/Trash/Recycle areas. Enclosures shall be located adjacent to the alley if 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 an historic structure. Enclosures may abut other non-historic structures. 14. Allocation of Non-Unit Space iii a mixed-use building. In order to determine the total floor area of individual uses in a mixed-Ilse building, the total floor area for non- unit space, which is common to all uses on the property, shall be allocated on a proportionate basis of the use categories outlined in the subject zone district's FAR schedule. The building's gross floor area, minus all non-unit space, shall be divided proportionately amongst the individual use categories in a building. These numbers shall then be calculated as a percent of the gross floor area number that does not include the non-unit space. A proportionate share ofthe non-unit floor area shall then be allocated towards each use category. This provision shall apply to all zone districts permitting mixed-use buildings. For instance, if a building was comprised ofthe following square footages: 2,000 sq. ft. commercial floor area + 4,000 sq. ft. free-market residential floor area + 2,000 sq. ft. affordable housing floor area + 1,000 sq. ft. nonunit floor area = 9,000 sq. ft. total floor area Then the total unit floor area in the building would be eight thousand (8,000) square feet floor area. Using the allocation of nonunit space standard, the uses account for the following percentages of the total unit floor area: commercial floor area = 25% free-market residential floor area = 50% affordable housing floor area = 25% Ordinance No. 27, Series 2010 Page 12 Therefore, the one thousand (1,000) square feet of non-unit space is allocated to the different uses as follows: commercial floor area = 25% x 1,000 sq. ft. = 250 sq. ft. free-market residential floor area = 50% x 1,000 sq. ft. = 500 sq. A. affordable housing floor area = 25% x 1,000 sq. ft. = 250 sq. ft. When non-unit space is used exclusively by one use, the space shall be attributed to the floor area for that use. For example, if a lobby and elevator serve the free-market residential uses on the property, exclusively, then the area associated with the lobby and elevator shall be assigned to the floor area for free-market residential uses. 15. Airlocks. Permanently installed interior airlock spaces are exempt from the calculation of Floor Area Ratio and allowable Floor Area up to a maximum exemption of 100 square feet per building. This exemption only applies to buildings containing non- residential uses and does not apply to single-family, duplex, or multi-family buildings. 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 IS.5, below. 01 Window k------A Exterior Face 7% of Framing Window sill-%-:D~ F-" Wood Veneer ----< ~ ~ -1 0 n ~ 1 1.9--~ - Framing / Stone Veneer -8,- I - 41! Ordinance No. 27, Series 2010 Page 13 . I 2. Determininz Front, Rear, and Side Yards. The from 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 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 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 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. -1 1 1 Street - Block Length ' 270' - Front Yard , 100' f - - ~1*~,--- Side ~ ~ Yard -AlkY. 1 ) \1 1 1 1 \L--1 Corner Lot l. 1 Figure 3: Determining Setbacks 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. Ordinance No. 27, Series 2010 Page 14 Street 1 1 1 ~- Side 1 >F Yard 1 3 'AA N \ /.47 Street 17< Front Yard Figure 4: Corner lot with curved street For reverse curve lots, the curved portion of the lot line shall be considered the front lot line and the two opposing parcel boundaries shall be considered side lot lines. ,treet -k- Front k- Nx@:20 Yard Side Yard , C J Street -C-- Side Yard Figure S: Reverse curve lot 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. Ordinance No. 27, Series 2010 Page 15 / Parcel boundary with greatest length / l L_ Street -- -Ill ---- Front Yard LOT f / 1 1 1 k Street Rear Yard Figure 6: Double frontage lot For double frontage lots with equal length street frontages, the front lot line shall mirror the front lot lines ofthe 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. 3. Determining required setbacks adiacent to streets or rights-of-wav. 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 ofthe right-of-way or street easement closest to the proposed structure. Ordinance No. 27, Series 2010 Page 16 -- [a A= \ lity .Â·>tÂ·Pl~}-:Fti:.i..i,~â€ž 2- ---'20&.bivp#*25iw4ft. EL-=222- --- Z _QI__ -;-1-fii:*~ - L.2-6~2*---cke=Â£-2*I _2.Â·, -- ./77Â«91 10'setback I on flag lot, 10' setback ~41 "441 P 3.-192:...8**2:~6 / 021 194\1 :Fq #41 from right- 21-1 of-way Figure 7: Required setback from a right-of-way or street easement 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 305 with a minimum of 10' on either side, figure 6 shows compliance with the requirement - one side yard is 10', the other is 20', and each side yard setback is consistent from front to rear. Given the same example, Figure 7 meets the individual 10' 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. Ordinance No. 27, Series 2010 Page 17 \ i 11 11 1 ~ L_~41-~~ i ft J -1 L._~/1/~--0- Figure 6: Compliance with combined setbacks 3 -1 31-1 1 F F 1 1 L L 1 7 1 9 1 L 1 Figure 7: Does not comply with combined setbacks 3. 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, 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 Ordinance No. 27, Series 2010 Page 18 e. Foundation footers, soil nails or below-grade tiebacks, and similar improvements necessary for the structural integrity of a building or other structures. Â£ 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. h. Balconies not utilized as an exterior passageway may extend the lesser of one- third (M) of the way between the required setback and the property line or four (4) feet. In no case shall the projection be allowed closer than five (5) feet to a property line. This projection is allowed for balconies only and does not permit projections of other improvements, such as garages or carports. i. 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 ofthe building fagade(s) closest to any Street(s). If any portion ofthe feature projects into the setback, the entire feature may be no larger than the minimum required. Features required for adjacent subgrade interior spaces inay 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. j. 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. k. Uncovered porches, landscape terraces, slabs, patios, walks, landscape walls, earthen berms, retaining walls, steps and similar structures, which do not exceed thirty (30) inches vertically above or below natural grade or finished grade, whichever is more restrictive. (Also see Chapter 26.410 - Residential Design Standards for limits on the location of berms.) 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 i f determined to be necessary for the structural integrity of the improvement. (See Figure 7). 1. Drainage swales, stormwater retention areas, bio retention areas, rain collection systems, and similar stormwater retention, filtration or infiltration Ordinance No. 27, Series 2010 Page 19 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 are prohibited in all yards facing a Street. These elements may be placed within non-street facing yards but 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 are prohibited in all yards facing a Street. Mechanical equipment may be placed within non-street facing yards but 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 Planning and Zoning Commission may consider exceptions to this requirement pursuant to the procedures and criteria of Chapter 26.430 - Special Review. 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 in all yards facing a Street. For energy production systems and equipment located on top of a structure, see sub-section 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.) Ordinance No. 27, Series 2010 Page 20 Spa -- L - 1 30 'V,Â· C Â».46Â·.'t,0Â£' x..2, Â»>,K/20 ~.7~,~A&7.~4~#ff.140. 30" ?,â‚¬ tityÂ«Â«fit*]ff<95- 1 p--ccultefiti~filt \ tiftÂ»%~9.f>Â»Â»Â»4~2Â»453*foltt46 ~49Â».215Â»619~ 3:'VgA,t<.i>'>57Â»,00.46,- 9.32Â»>4/.. - Figure 7 -30" Calculation .-.- /Â£/3<.,/12#1<893-~Alt-29339Â»Â»9-Â·- / Â»*9-~3241 -97*bit/-Â·NÂ«4Â»21-9' 1-'Â·~'';~~~FURn: / i .--* w . -.- : 1 1 - - ----44~ r~1 - " gcze*JOYâ‚¬0 -- -1 :- b -* 4,1 1 - 92 -73Â·: 2325 1 ./. -- - - ... -2, ,/Lix'' \ 1~851-11 :f,-3.-\ 72" fence -.Â©U ..1 -%<Ual height 1 111 'll' ..... 42" fence 1 11, Il Fr-.. height 41 1 111Ilk 1444*Â© Front fa,ade line ofhouse Figure 8 q. Driveways not exceeding twenty-four (24) inches above or below natural 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 natural grade, 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 Ordinance No. 27, Series 2010 Page 21 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. F. Measuring Building Heights. 1. For properties in the Commercial Core (CC), Commercial (Cl), Commercial Lodge (CL), Neighborhood Commercial (NC) and Service Commercial Industrial (SCD 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 abuild\ng with a roof pitch of less that 3: 12 shall be measured from the ground to the top-mogt portion ofthe structure. Ordinance No, 27, Series 2010 Page 22 -- 4 - - Roof pitch Parapet 3:12 or less wall Height Height of Building t 2/ 1 1 Â¢ -1 1 Figure 8: Measuring height for flat roofs or roofs with less than 3:12 pitch b, Rooff 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 ofthe ridge. Midpoint between eave pt. and ridge 72- Ridge Eave Point Height Figure 9: Measuring height for roofs with pitch from 3:12 to 7:12 c. Roojs 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 (M) of the distance up from the cave point to the ridge. There shall be no limit on the height ofthe ridge. Ordinance No. 27, Series 2010 Page 23 1/3rd point between /1\\ eave pt. and Ridge Z-- --1/7 Ridge Eave Point Height 0. t Figure 10: Measuring height for roof with pitch greater than 7:12 d. For roofs with multiple pitches within one vertical plane, the height of tlie 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. e. 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. f. 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. g: Dormers shall be excluded fi*om the calculation of height if the footprint ofthe dormer is 50% or less ofthe 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 roof plane, the aggregate footprint shall be used. Otherwise, dormers shall be included in the measurement of height according to the methods described above. 3. Height Measurement Method. In measuring a building for the compliance with height restrictions, the measurement shall be the maximum distance measured Ordinance No. 27, Series 2010 Page 24 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 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 fi*om 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. Ordinance No. 27, Series 2010 Page 25 Eave Point 1 Exterior Sheathing Figure 11: Eave Point and Exterior Sheathing of a Roof. 4. Allowed Exceptions to Height Limitations a. Chinineys, flues, and similar venting apparatus, Chhnneys, 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. 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. 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. Ordinance No. 27, Series 2010 Page 26 Elevator and stair enclosures may extend up to ten (10) feet above the specified maximum height limit if set back from any Street facing fa~ade of the building a minimum of fifteen (15) 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 50% or more transparent. 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 five (5) feet above height of the building at the point the equipment is attached. Mechanical equipment shall be combined and co-located to the greatest extent practicable. 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 fagacle of the building a minimum of fifteen (15) 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 sub-section 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. Ordinance No. 27, Series 2010 Page 27 h. Flag poles may extend over the specified maximum height limit. i. Exceptions for buildings on slopes. For properties with a slope that declines from the front lot line, the maximum height of a building's front (street-facing) facade may extend horizontally for the first thirty (30) feet of the building's depth. j. Exceptions for light wells. Exceptions for light wells and basement stainvells. A light well or basement stairwell, limited to that area required to meet adopted Building or Fire Codes, entirely recessed behind the vertical plane established by the portion of the building fa~ade(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. k. Exceptions for Areaways. An Areaway no more than one hundred (100) square feet, entirely recessed behind the vertical plane established by the portion of the building fa~ade(s) closest to any Street(s), not projecting into any required setback, and enclosed on all sides to within eighteen (18) inches of the first floor level (e.g. not a walk-out) shall not be counted towards maximum permissible height, 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 fiaming, 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. 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, ete.). Ordinance No. 27, Series 2010 Page 28 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. I. Measurement of Net Leasable Commercial Space. The calculation of -Net Leasable Space shall include all interior space of a building measured from interior wall to interior wall, including interior partitions and inclusive of all areas which can be leased to an individual tenant including offices, hallways, meeting rooms, display areas, showrooms, kitchens, dining rooms, coat rooms, bathrooms, storage, storage rooms, walk-in refrigerators or freezers, changing rooms, waiting rooms and similar space which may be leased to a tenant. The calculation of Net Leasable Space shall exclude common areas of a building not intended or designed to be leased to an individual tenant such as common bathrooms, common stairways, common circulation corridors, common Ordinance No. 27, Series 2010 Page 29 mechanical areas, common storage areas or similar common spaces not intended or designed to be leased to an individual tenant. Permanently installed interior airlock spaces are exempt from the calculation of net leasable space up to a maximum exemption of 100 square feet. Seasonal airlocks of more than 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 ofthe year in which it is installed. 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 included in the calculation of Net Leasable Space. 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. Vending machines shall not be considered net leasable commercial space. I Measurement â‚¬f Net Livable Area. The calculation of Net Livable Area shall include all interior space measured from interior wall to interior wall, including interior partitions and inclusive of, but not limited to, entryways or lobbies dedicated to only one unit, finished or unfinished basements which are or can be made habitable, and storage areas, closets and laundry areas accessible from the interior of a unit. Net livable Area shall not include common circulation areas, common lobbies, common stairwells, common elevator corridors, or similar conunon spaces not intended or designed to be occupied by an individual tenant. Net Livable Area shall not include uninhabitable basements, mechanical areas, stairs, unconditioned storage accessible only from the exterior, garages, carports, patios, decks, porches or similar spaces. K. Exceptions for Energy 1277ciency. 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 equipinent 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 o f a recordable administrative decision. L. Exceptions for Building Code Compliance. The Communky 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 Ordinance No. 27, Series 2010 Page 30 exists. The Director may require notice be provided to adjacent landowners. Approval shall be in the form of a recordable administrative decision. M Appeals. An applicant aggrievcd 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. Ordinance No. 27, Series 2010 Page 31 APPENDIX C ASPEN CORE SIA PLANS (517 EAST HYMAN AVENUE, 521 EAST HYMAN AVENUE, AND THE PARKING LOT ON THE CORNER OF HUNTER AND HYMAN STREETS) PARCEL OF LAND SITUATED IN THE NW 1/4 OF SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO fi FEEZillifil'ggErE#~111131%1*q~glimiLLIg~3..~.6.5Ztris.:-flkioj~:.rili~f/*5.2,-/I;;g~faliasij;il~.1-35/..'1*.. 4 1,9*-%:4~Â·iff-:34. Â·Â»~.:-#fwifa-*L.: r.**,.-i~>f--:7624 SHEETINDEX. SIA -0 TITLE SHEET A-*fw 4-F ~17"! f.*41~4~V~F#BFALi~~Â«fiff-5 SIA - 1 STREETSCAPE / LANDSCAPE PLAN :24\ 1 9--49:1 . 444 45 9- :yx . 1 - :digp'.4- --/-. -~~~ ./ .<28.).- 1%<Ars i .0. _~. ~ ' I SIA 2 STREETSCAPE DETAILS SIA - 3 BASEMENT FLOOR PLAN SIA - 4 FIRST FLOOR PLAN --*-544 <PrE : ~2Â· : i 2-4. 4 1~ b \64.:Xi SIA - 5 SECOND FLOOR PLAN SIA - 7 ROOF TERRACE PLAN SIA - 6 THIRD FLOOR PLAN 42Â· t jÂ· %'u SIA -8 EXTERIOR ELEVATIONS SIA -9 EXTERIOR ELEVATIONS 4?fl~/~<41<442~ SIA - 10 FAR CALCULATIONS SIA - 11 NET LEASEABLE/NET LIVABLE CALCULATIONS , 6-*914/f'.r<F t-'4~.t~,49.2< .' '- 481\ 4 1* 4&+ Ayvi 1,611 *t VICINITY MAP Qu#*44 OVA op##r 01*lk 2./ 1 - 6. .--.-. - --1.Ar -4 ~Did ~3 _1_ LA P E U O C VT E- 4 1>4_ - E - 1 3 i El-\ /1 u=I -- : 9 M i #16.1 7 r 47 % ! L - ~774 /01 -Ct -<270, /21 Fly..rA,==alr'Lva=.- 3 -4 2 4% UG, 12. MAÂ·:3 4-*9Â¤...P 4. 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LA--44.4 lilli' 11 - =- -kz:~Es>- -<- )t il i , GENERAL DETAIL TO IE REVIEWED IY PARKS AND ENGINEERING AT IUILDIG PERMIT lillill P 1 - 1/Ypt..14 /97..13462= Right-of-Wav Silva Cell /1 Belgian Block @ 7 V 0 N.T.S. Â£7 r 0 1 0 W/filiwi ~~9, ioÂ· p *A* f 4 21 99 P .1 T P ~m'mi jju//,;.1 6 44 93 u.719,3942. Â¢>C iÂ·-N Lf>illi<'Re> /: vt-Â«-~~~ ~ Ah Â·.â„¢nitiâ€¢â€¢Â·Â·â€ž~~~ -- r'Â·30. raiÂ°t-'25. | ,-'-///==:/6 1 ~ Tree Grate - Ironsmith Part No. 4814-1 U N.T.S. Irâ„¢ANCHOR/FORPAVERSÂ¥,11.1 ' ' e CONC-TE IAIE ANO~C*2AGEPROVOED"ll rrÂ«X z 75â„¢1TABS mÂ«Â» 11/404,8.1 .Ella TO FRI. ....7. Fi~'P, 77/ .*OTTEDmCISM-FOR CON'/TE{WEDGE.'.CHOR I = - 0 FR~'El/VaDE>FN{Â»Al-1~-g 144-*VCSTE'.ANGUE CO 61 6| F~ue.......a 025 IT./1*I'll.4 _ _ CO~'IGURATICNS AVAI~.AIE -44 [IL Itir- E t)N.T S r, Tree Grate Frame - Ironsmith Part No. 4800-F-4 1, Benton Pedestrian Amenlty Space U N.T.S O 3......."2250.lkil :iami zi-ioCE UDUJAH '3 Zlg'139 e.loo uadsv : 31.VIOOSSÂ¥ N0SnV10 NV19 0180 adDOS.~83#S 7=W" ECEÂ£Â·9240261 ul,â€¢â€¢p Deâ€¢*JÂ·1â€¢1â€¢â€¢i,dÂ·,in,ii,14,1 DOâ€ž,pwi,al ----mmWaid.iA:. - tiobÂ·168UVid,55'li;BiiF-~ ./8 0//010] ' 1"'15 11/ 41'. ., DESIGN.DEMELDeMENI 1 - NUGE-AVI 0,-trf Â·N- TI Â· Â· Â· arâ€¢~â„¢lk,C 1- u-,pp.0- pnor to u- -d occup-Cy P- le bu,41*â€¢0 0,-1 - l ulnce I. * n -*....01 te .*n- 10~- t~- ./**,1.1, -*-4. i t. 94/0/ I ......Ill' Ze..... Ii, 1,,n * fAA . aa 9 . . , DI ./.Illul L CO=* 1 9./.1 I =I 1 L' â€ž iv -Câ€¢ 11 .=2 -1 1 11 - r- 1- FA2 +-1, . P 111 r ~.v: 1 2 -. -C" ~U IL,v , ~ I 11, Â· po<X EQUP NO ...Iscell DATE -7.-1 1 1 i 1 1 1 1 It =1 11 1 11 -*C~'*â„¢UCTOâ€¢ -3-0-a BASEMENT 1 1 FLOOR PLAN 1/8" â€¢ 1'-0' L mE, % 14Â»5 BASEMENT FLOOR PLAN -- .T-11. MU lfÂ·â€¢ 1'.0- f...1-1. - -1 01-top - 0 SIA-3 1 Â·,Iii i:.r, -. â€ž 11Â» h 32103 N3dSV opejolog 'uedsv DFSIGN DFVFI OPMFNT 1 K E KlIGERMAN BARKLEY ~0~TECIA m WW STR,I - ~,FRAIJCISCO CA -07 ta 0.Â· W10 Wr~WIKJUÂ£OM 1 ' .1.21 3 .4 w 17-7 , E'- 4.I --- Â· - Â·. \ r--n - < .il W< i f - wATER T.371 i b /- *TERS -- - .lt[~~~,KEN ... Irf! Aa' 72 OVE- STAâ„¢ 1 - ..71. DN UP SCARGAUGE "'L Z - 23=L 4 1 .. I 11 . 4.--4 C RES LOBBY L sERvick SERVICE ~~ C bl.LEv.-0-2~ X --r--.----111|ELEVATOR1|r IL_1/4----.*T 37 1 1 caE=L~ ELEV .028. RETAIL 1\ : UTTLE ANNE' 7'witiT IRESTORED : RE....<INIC) I BENTON REVISION DATE 5-- 4 - E X - ---- r I aETA~ . 1+!11 Ol Larf- . '1F.n -, -. .1-Â« R<-1 ,FTrrL Fi. 4 ./ 22.I ... 27. 0 27.r FIRST FLOOR , 1 118'-~ ~ 1 PLAN 9 1 (2' 3' 'c d. U - 1/r ..1'-02 / =DA. OCTO.. PWOJEC= 1101! OESIGNED ~= 0 rn FIRST FLOOR PLAN D~AWN.: ..1 V 1/8- = 1'-~ Cl~O2tom' - SIA-4 ~ 32103 N3dSV Aspen, Colorado DFSIGN DFVFI OPMENT 1 K E KLIGâ„¢MAN BARKLEY Q.,ANTS-I . W '-Inco . 940 TEL *.mo = m.2-52' wvnlir,KiIACQI. <2) f 3" (43 . 5.1 h' - 1 1 J L. L.......... Â· Â·Â· â€¢ 1 RESIDEN-nal 'El UMT2 -7 cj 5 F 1-1-7 - i HALL " # ) i . \,COMMERC44. I ' OPEN OFFICE --i - IF- 1 /COWMERCIAL ~ STORAGE _ r-11 â‚¬9 11.. 1. IL__1 11==i=jur-ele =r= LOB. : -= 1 -FO .13 RETAL 01/NOFACE 1 MIAINT := WD&â‚¬N.' NO. REVISION DATE . C'OSET UP -LE- 14 0 UNIT' 1, SECOND FLOOR ( 1 ; (1.2, 21 i 4. 5 PLAN lj8" = 1Â·-0'Â· 1/8-=1'-0- SECOND FLOOR PLAN FDO,Cl NO 1,01: 15~ DAIt OCTO-Lmli DRA-. --1 01:.re. - SIA-5 opeioloj 'uadsv 32100 N3dSV DFSIGN DFVFI OPMFNT IKE KLIGERMAN BARKLEY /7 8,â„¢41 S,Iir7 SA~F~11CtSCO CA .107 1....n,M 122.Ze :,2 ) l.3 ') ' 4 '3 T~~0,=M ) h . 0 0 0 0 ~t--Â»m ==.-*-#..Ii+I- 0 i ! UN-~ F 0 ~ mil 1 - 4 41'11'11'111 N.F- i .Ev~,câ€ž,' . /' :" 17-- ! I 10Â« 44 r / -------11.----------------- ------ rENâ€¢~cE IÂ«~al C Ir--1 LZE. 1 O -----NO REVISION DA 171 - 11 14= 1 1 lili 1 i 1 *10]00 6,~1 1 ! 4 , (15; THIRD FLOOR 1, PLAN 1/8" =1'-0- G~ THIRD FLOOR PLAN -* OCTe-. OR~NeÂ¥: . ..... DESIGNED . SIA-6 ope]0100 'uadsv 32100 N3dSV 21. 1-)FSIGN DFVFI OPMFNT 1 K E KLIGERMAN BARKLEY A~~~E:11 ./ 42?u;rw,rT I.rl .DinJCMCI CA ./ 1/ ..,7,Â· â„¢0 ~Ax 212Â·20.. ,*6Â¥ 11*COU 12) ' 4, A -E - D\ A Ililll li'' 78-- 11 14 k ri14-, --t - O --- - 11 1 - - TERIA' E . - m - 1] 0 0 w 1_**Ini o ---- --11 C 4102-1 2 i-UP-14% 4-fbi M 22-371_1= a C> -49 -0. g LE,;EZ,an i Il ITT-- - C.t -4 1 L '11 - 11 A 3317- - 1 BENTON ROOF BELOW NO. REVISION DATE 3\ 6 - - 11 A' D 1 111 1 1 1 ROOF TERRACE PLAN 2 1 Â·' Â·4' r 1/8- =1-0" /h ROOF TERRACE PLAN FOJECT,le 1101! Â£91/8" = 1'Â·0~ ISCUEDAE.= ocl**Laull 01-11,1.Â¥ ..1 CLIC'.OBÂ¥ - SIA-7 32103 N3dSV #W,lnl,~r,0.~~i,-Â·,r,-,11% rEâ€¢I,~i r~ ~'W,oao,1,0,~11.Â¤L IlES#SAL/EVELDEMENI E-7 1 K E KLISERMAN BARKLEY AmCÂ»,11Â¢TL /41 .' ....Sâ„¢ET suirwic,5Â¢0 U wo. . Tn ii,-171Â·ls,D FAK .Â·m./1 0 lu 2 2, (20; t 3) ~.3/) 't./ i 5 DIFFUSED DOVINWARD WALL SCONCE POWDER COATEO STEELCOLUMNS ZINC CLAD CHIMNEY WITH J 'pl .. ZINC CLADDING - STONE CAP GLASS RAILING 0.-Mm~ - -1 - -1 -MIE- ZELÂ°~RMLIZ\-t I -2- , - _1 1 CEILING MOUNTED - 2---~---- 6 4 , /90ELINE' I- I RECESSED DOWNLIGHT A OFFSET 41Â· k ------------------ EXPOSED WOOD TRUSS e . Â· WOOD FRAMED 1 11 it:: !1 . 1, 1 ..4 ~~~;;;::g:~~ WINDOWS 4 L, RESTORED CMU 1 il / / < BLOCK WALL 0.40:"42.- I GLAZED TERRA COTTA BATTENS & NATUIALTERRA COTTA@SPANDRELS .-Â·Â·Â· !.-Atâ‚¬---.-AUL~~~~i ..4 1 ..1 Â· r- Un =Z:3 Â·I I ' - '--#--'~i--i--21 :1. 11.1 1"11.- ' Â·i GLAZED TERRA -7 11 - r-â„¢1=1==1- COTTA RAINSCREEN ALUMINUM STOREFRONT i 6 n=-Wmi KYNAR FINISH (rf.CAL) â€¢ : ~. 312 12=l i--Fli~ - ---~ 122# f VI~ 71 11! 1 ; i i 'L UL- 3 -. ai i DOWNWARD WALL STEEL HEADER GLAZED BATTENS & NATURAL WOODFRAMED SCONCE TERRACOTTAPANELS STOREFRONT CEUNG MOUNTED lxâ‚¬CEDARSIDING RECESSED DOWNIGHT ('~h HYMAN AVE. ELEVATION STAINED WOOD MECHANICAL - ENCLOSURE BRICKVENEER CHIMNEY . ..Â·. ~ ~ ZINC CLAD STAIR ~. J f ,Â·--~ WITH STONE CAP i 6, / 7 - PENTHOUSE (A; 1 1- 1 , / / GLASS RAILING / No. REVISION DATE ZINC CLADDING /W/OTOP~IL. am5*1-= = ---r=Wil---;=y===-1+a#Ew--11-L--:=l=-=--==gr--3232 0-L GLASS FAILING 4*t .3-1 1 I i. 1 11 1 1 4 1!El tEl t:=:=1 - IEE| 1=za |EE| =~ W/O TOP RAIL GLAZED TERRA #46ccl=~ULL1-4-1=-]EkE[=El=El=ElmELgrCOTTA LINTELS 12==LL 1 j'i 1_!I I LF**1 El El _EL_El la i-:==r EXTERIOR '...#.,4 ELEVATIONS la iii [1,1 1 1 Mil Mil 11 POWDER:03**.7*~ 1 .t=L=1_1=.' ; "* 1 1 el L 0 1 - I 9.EME.-~ ALUMINUM STOREFRONT CEILING MOUNTED hi*-' ...... RECESSED DOMILIGHT ID-1. .. WITH -NAR FINISH (TYP.) rEE..7-------* r....6.' I ~ HUNTER ST. ELEVATION SIA-8 1 V 1/8Â»=1'-[r 32100 N3dSV opejoloj 'uadsy OFSIGN DFVFI OPMENT 1 K E KLIGERMAN BARKLEY 427 B~ANT STRIO ra â€¢16Bm FAK .Â·1-601 ,Â·mi~.i,$,eol t53 %4~ ill :21 :\ 1 7 ZINC CLAD ELEVATOR & . : ~STA~PENTHOUSESEYONO al.ASS RAILNG DIFFUSED DOV~WARD WALL SCONCE - < 1 1 - 1 Â· 1 1 =INGâ€¢co...e -- M.CHENCLOSURE 1 - 7.- N.. - Fi.] 1 /,VATOR.n.~1% /I Â« li-------1-~,1. ~i~~f&SF~~~.;~ 1 -~- i- -..- CE..MOUNTED Ill-. - 4 -1 Nit "1411 NO. REVISION DATE ' ...2 4-- Â· - 'k --r RECESSE.00-0/MT I n..0/ ..0- 3 1--Je --3 r--] FI-1 ,__7-1/47 ML--f- TOPCAP r--i- 7 ./UNO 1 --1 -Jr Â·. Â·Â·. .% '71 IE@] 01 i i Â· r _ 1 -_ _ -PA~ED Sâ„¢EL 'EADER - A U-Ul S.C.EFRONT 1 Â£ -. - 11 FLO f li"+ u 7 1 li ' !,E\ .1.=,1 1 C 11 DO~NWAROWALL V CaING'OUNTE.RECESSED C COUNkED'MU U -DTER-ComA SCONCE DOWNLIGNT BELOWSTEEL~â‚¬ADER -RAWCMUBLOCK TO-CH ISTING ' EXTERIOR ELEVATIONS rn ALLEY ELEVATION U 1/8'â€¢1'-7 1/8" =1'-0" Â®~11â€¢0 ~t01! Ocru-i= Â£*AWN'Â· -DI i DESIGN[DOÂ¥ I SIA-9 ! 32100 N3dSV opejoloo 'uads~f DFFIGN DFVFI OPMFNT 1 K E KLIGERMAN BARKLEY ~~~1EC!k ./ FLOOR AREA CALCULATION CHART (GROSS) .18./.Sâ„¢EY Wm/0. -07 42*n - Allimble'quer/Foolace(perordinancelseM"of 2012) Â¥#/IllKAÂ£04 Lo[ scze: 75 x 10[P = 15.000 I Commercial allowable : 1 5 * 7.500 = 24.055 sf (22,153 leasable} Resider,1,81: 8.950 (7,605 I u~ble) To. anov.able n= area 212Qi d Allowable roof deck (pie/inenee S) 5,622 / Allowable deck exemption: 15% Of 8.950 - 1.343 / DECK COMMERCIAL RESIDENTIAL COMM. RE& COMNL LEVEL COMMERCIAL RESIDENTIAL NON UNIT ROOF DECK EXEMPTION COMMON AREA COMMON AREA MECH, MECH. STORAGE GARAGE 167â€¢160 (640+151- 8ASEMENT 5.096 SF OSF 1,194+152 OSF OSF (0+151)151 SF 948 SF â€¢ 327 SF 151 = 1,346 SF *791-151: 6~ner Re~.SS,Are. &:i lieY..Â·709 0 sl= 1,384 SF OSF OSF OSF 55 SF 29 SF OSF 1068 SF ~UPT~2 Viz:2. .=h' j -1 I... 1-Fri _ ... .- 1 2 10,315 SF Â· = 418 SF 668 SF 1.... 354 SF Â·Â·' ,,OV J| 1 4,924â€¢1.451+ 194+111+113 73 SF 11111111 . . . . . - , ., . ., Â·~ i Ik~~~:~:q: , SECOND 1080 +686 1.045 SF 54 SF 29 SF 166 SF 692+121 OSF -- FLOOR = 7,188 , 1,766 SF 1 11 1 OSF 5,039+993= 668+354+707 OSF =148 SF OSF OSF 55+93 29 SF OSF 1 1 FLOOR 6,032 SF â€¢ 1,729 SF -/Ful'b ROOF 0 SF 0 SF 0 SF 2.496â€¢1.153â€¢ 273â€¢72â€¢212 29 SF = 3,649 SF 0 4 0/ OSF OSF = 557 SF i |ELE ATI 11 1.729+3.649 557 SF 1.058600 =558 249'6 SF 1 - 111 1 5-F '-b/2/3 e, M* BELOW | CATAGORY 10,318+7.188 1.766+6.032 1,384+1,045 =5 378 SF deck (<all/ble 418 SF 73+148 55+54 29+29+29+25 56&*500=68 SUB 68+250 | TOTAL = 17.506 SF =7.798 SF = 2.429 SF (<allowable 5,622 exepmlion . 221 SF â€¢109 SF =116 SF 166 SF per./.5) 0!1,343) =318 SF- .:Illl... 1 --7./C .s, 1 Â·1 2*3' cornmercial: 17.506+418+ 09+166 w 18,1 99 + 2,088 NonÂ·Unr = 20,287 SF ~ ~ TOTALS res,dential. 7,798+221 +116= 8.135 + 659 Norfunit- = 8.794 SF {seâ€¢ break-down for individual units below) 1 .I Total FAR = 120.83&&48] 20,287 + 8,794=[29,629Â·548129.081 SF Â·Perordnance 27, lable/,weareallowedanixemuon/250sf pluslolorremaiNngareauptoÂ®0/per unit | Â·~NON-UNIT CALCULA'nON RESIDENTIAL UNIT TOTALS: IRI' ill|11|11 bi Cornmercial: 5,096+17.506+418+948+109+640â€¢166 = 24883 (grcss, Ad/ing basement) unit 11 1,050 + 5.039 = 6,119 1 1 1 Ill -I . 'Residential: 7,798+221+116 =8,135(gross) 6119/7,798â€¢78% unit 2 586+993 = 1,679 ' ,..-'fO..'-3*Â·-*j~~907~l *133 -A --_3 ~ ~ --- --- = 1 TotalfornonÂ·unitcalc 24883+8.135=33048 1.679/7.798=22% 1L ..- Commercial = 76% {2488303048) Shared res,dential FAR â€¢ 221+116+659 = 996 SF Residential= 24%(8,135/33048) Unit 1 = 6,119 + (996 *.76) = 6,896 SF Non Unit = 2.429+318 = 2,747 Unil 2-1.679 + (996 x .22) = 1.898 SF gh ROOF TERRACE FAR rn THIRD FLOOR FAR Commerciali2.747/.76.2,088 IF UL./ 1/15Â· = r. ~j 1/leÂ· = 1*-0- Residential = 2,747 x.24 - 659 SF NO. REVISION DATE 1 ~ 8/r-aIM,- ~~ â€¢ , pec~~â„¢.Ined SM.-I 1 1/' I i g=Ap=I d k, i:4 'El| 1-F L 1 >s m %~ 1055 SF 1 ~ E 2 7, ~_ 1 i ,-air- _316 - 1 1 LA'111-Y...11.- 151 SF | --- M.SF ' ' d 111*1 , Em' r~ 3 j 1111 I Â¤ ~ ~41 W LA.1 5299~~ ~ 0/,1/11 1 1 22. Â· J -r-1 L.1 ur'r=1/.FiliM : "18-2 1 VI, E '' I 1 4924 SF 1123Â£Ll g *--23 P' &=LJ 1 ~1Â£3*.=1 1.,62 113 . 1 - 160. FAR 1 1 Etill 1 =OSF | -- 1 L '* 1 1 CALCULATIONS ON' ,fi'MF , 1 M . 1 1 F 1 j 1% 1 : Sol . h- -r - kr m . E Â· As indicated 152' ' i W _'; I ht#l. ~ III 1/ :i Â£1 1 bil . 1 | 6&4- ocr-at =U ' flull .... 'L-FL-- K.| C./fc. ...... I Â· See Note on SIAÂ·3 ~ SECONDFLOOR FAR rn FIRST FLOOR FAR /'~h BASEMENT FAR U 1/16"= 1.-Cr Ve= 1.-7 U 1/1/,-1.-7 SIA-10 i 32100 N3dSV ope]0100 'uadsÂ¥ DESIGN DFVFI OPMENT 1 K E KLIGERMAN BARKLEY - /7*'ANTS-/0 9 SANFNANCI~OCA ./ E..1,1.1.1,10 / 712Â· 2Â».79 1â€¢W*~KBA~0~ NET LEASEABLEfNET LIVABLE CALCULATION CHART Ak-ble Squaie Footage <per ordinance 5 series ol 2012) Lots,zeÂ· 75 x 100= 15.000/ Conmercial ah-ble 1.5 x 7.500 - 24 055 / (22.153 net leasable afea) ResidentialÂ· 8.950 9,605 / net Ilvable area> Total alo,piable floor area: 212~ sf L Shaied Tra~ Room LEVEL COMMERCIAL RESIDENTIAL COMMERCIAL NET LEASABLE NET UVABLE STORAGE kIRE=U*- 2 0 BASEMENr 4,872 SF 148 SF 604 SF Ef? um,z U.J /4 961 SF FIRST 1.74/03.472+1,595â€¢ OSF OSF FLOOR 2 460 â€¢9272 SF SECOND 4780+1429+932. 996+581 164 SF FLOOR 7.141 SF . 1,577 IF THIRD OSF 4,907+961= OSF FLOOR 5.868 SF L_2. 1 ROOF OSF OSF OSF SUB- 4.872+9.272+7.141 148+1 577+5,868 604+164 TOTAL = 21.285 SF 4,593 SF = 768 SF 16 -,- - u , cor,mercial 21,285+768=22,053 SF TOTAL NET mlenbalÂ· 7,593 SF (unit 1 996+4,907 = 5,903 / LEASABLE unit 2. 581 +961+148 . 1.690 sl) rn THIRD FLOOR NET LEAS.ABLE L./ 1/16=140â€¢ NO. REVISION DATE Dpcomm-or.... 393 SF r.. 1.-------- 1 - 581 SF | I P R,â€¢u,ill ~w,ble Are, g.:,12 - 0 -m.-1 1 //,9=0119, 1 ,Comfne,clal Mech 1745 5 kE,4 Garmoe- Non-1.JnÂ¢ Ser, ..=: 1 / lai-7 tier 1022 SF ~117/'=-2-I 1/ h&Â£EUM i --11 '': 11 j ~ r. - vi{-4-13 + L..b-~~1 ~ ~iL.i: -1 1 15---7 NET LEA&ABLE/ 1 I 321.M= 1 NET LIVABLE 1&- 3 Â· , 1 <'' = CALCULATIONS ---*te upal'.42#F 2.8.98= 1 -31'EL~ CUU~Ell RetalÂ¢Le@,able * 932. DI R,/ lea//r Afea Tual 3 Lt, 1 99/2 4~2. As Indicated RAN,Ill,w,gable .ea 3472. 97 11015 1 ~ 1 ..DECT kit m - I ., ISSUr DAIE OCT=..2.0 996. 1I â€¢ . DerÂ·NED'Â¥ I 0 SECOND FLOOR NET LEASABLE (A FIRSTFLOOR NETLEASABLE (71 BASEMENT NET LEASABLE SIA-11 1/1/ = Do' 11.. 1Â·-0. V 1/15Â·= 1'/ 2 ..0 1 1 Stu= ASPEJ OFFICE Victorian Square GARFIELD & HECHT, RC. 601 East Hyman Avenue Aspen. Colorado 81611 ATTORNEYS AT LAW Telephone (970) 925-1936 Facsimile (970) 925-3008 Since 1975 uÂ·wn .garfieldhecht.com October 7.2015 Natasha Saypol nsavpol@gartieldhecht.com Via E-Mail Chris Bendon RECEPTION#: 624048, 10/12/2015 at Community Development Director 12:39:14 PM 1 CF 2, R $16.00 Doc Code ORDINANCE City of Aspen Janice K. Vos Caudill. Pitkin County, CO 130 S. Galena Street Aspen. CO 81611 chrisb@.ci.aspen.co.us Re: Parking Mitigation for AspenCore Subdivision Dear Chris: I am writing this letter on behalf of Aspen Core Ventures, LLC ("Owner") in connection with its development of the Aspen Core Subdivision. As you know. by Ordinance No. 5. Series 2012 recorded February 17. 2012 at Reception No. 586790 ('Ordinance") the City Council approved historic landmark designation. subdivision. growth management review. commercial design review benefits through the Aspen Modern program and a site specific development plan for the Aspen Core property (the -Propertv" or Project"): and Section 8 of the Ordinance. the provision entitled "Parking". provides that Owner shall pay the following cash in lieu fee prior to the building permit issuance: 15.859 sq. ft. net leasable/1.000 sq. ft. = 15.8 parking spaces required 15.8 spaces required - 3 onsite spaces provided = 12.8 parking spaces 12.8 x $30.000/space = $384,000 The City also approved a Subdivision Improvements Agreement for the Project dated October 10.2012 and recorded as reception number 593105 (the -SIA"). The SIA in Section 4.4 requires that the Owner pay the cash in lieu fee of $384,000 prior to the building permit issuance. The City acknowledges that Owner has paid the cash in lieu fee of $384.000 prior to the building permit issuance. Owner now desires for the 3 onsite spaces described under Section 8 of the Ordinance be for the use of the owner(s). tenant(s) or patrons of the commercial units and/or the residential units at the Project. In order to accomplish the same. the City shall require that Owner pay an ~ Printed on recycled paper Aspen Â· Avon Â· Basalt â€¢ Glenwood Springs â€¢ Rifle , Chris Bendon October 7.2015 Page 2 0 f 2 GARFIELD &HECHT, RC. additional $90.000 cash in lieu fee for the 3 onsite spaces so that Owner shall have mitigated all 15.8 parking spaces required under the Ordinance and SIA. By your signature below. this letter shall confirm that upon receipt by the City of the additional $90,000 cash in lieu fee from Owner. Section 8 of the Ordinance and Section 4.4 of the SIA shall be amended in part to provide as follows: Owner has paid the following cash in lieu fee: 15,859 sq. ft. net leasable/1,000 sq. ft. = 15.8 parking spaces required 15.8 x $30,000/space = $474,000 The required parking spaces have been mitigated through the provision of the cash in lieu fee of S474,000. The 3 on-site parking spaces are not required for mitigation purposes and can be used by any owner or tenant of the Project. Thank you for your cooperation in this matter. If acceptable, please sign below and return a copy to us for our records. Sincerely. GARFIELD & HECHT. P.C. Natasha Saypol (Â»F Agreed Chris Bendon. Director of Community Development Â® Printed on recycled paper Aspen Core Ventures . 1177 City of Aspen ~ Â· 10/12/2015 Date Type Reference Original Amt. Balance Due Discount Payment 10/7/2015 Bill Pkg Mitigation 90,000.00 90,000.00 90,000.00 Check Amount 90,000.00 ANB Bank Const Acco 90,000.00 PRODUCT SS!.T104 USE WITH 91663 ENVELOPE 1 0. Glenwood Springs Office GARFIELD & HECHT, P.C. The Denver Center 420 Seventh Street, Suite 100 ATTORNEYS AT LAW Glenwood Springs, CO 8160! Since I 975 Telephone (970) 947-1936 Facsimile (970) 947-1937 www.Rarfieldhecht.com October 7,2015 Natasha Saypol nsavpol@garfieldhecht. com Via E-Mail Chris Bendon Community Development Director City o f Aspen 130 S. Galena Street Aspen, CO 81611 chrisb@ci.aspen.co.us Re: Parking Mitigation for AspenCore Subdivision Dear Chris: I am writing this letter on behalf of Aspen Core Ventures, LLC ("Owner") in connection with its development of the Aspen Core Subdivision. As you know, by Ordinance No. 5, Series 2012 recorded February 17, 2012 at Reception No. 586790 ("Ordinance") the City Council approved historic landmark designation, subdivision, growth management review, commercial design review benefits through the Aspen Modern program and a site specific development plan for the Aspen Core property (the "Property" or "Project"); and Section 8 of the Ordinance, the provision entitled "Parking", provides that Owner shall pay the following cash in lieu fee prior to the building permit issuance: 15,859 sq. ft. net leasable/1,000 sq. ft. = 15.8 parking spaces required 15.8 spaces required - 3 onsite spaces provided = 12.8 parking spaces 12.8 x $30,000/space = $384,000 The City also approved a Subdivision Improvements Agreement for the Project dated October 10, 2012 and recorded as reception number 593105 (the "SIA"). The SIA in Section 4.4 requires that the Owner pay the cash in lieu fee of $384,000 prior to the building permit issuance. The City acknowledges that Owner has paid the cash in lieu fee of $384,000 prior to the building permit issuance. Owner now desires for the 3 onsite spaces described under Section 8 of the Ordinance be for the use of the owner(s), tenant(s) or patrons of the commercial units and/or the residential units at the Project. In order to accomplish the same, the City shall require that Owner pay an Chris Bendon October 7,2015 Page 2 0 f 2 1 4 additional $90,000 cash in lieu fee for the 3 onsite spaces so that Owner shall have mitigated all 15.8 parking spaces required under the Ordinance and SIA. By your signature below, this letter shall confirm that upon receipt by the City of the additional $90,000 cash in lieu fee from Owner, Section 8 of the Ordinance and Section 4.4 of the SIA shall be amended in part to provide as follows: Owner has paid the following cash in lieu fee: 15,859 sq. ft. net leasable/1,000 sq. ft. = 15.8 parking spaces required 15.8 x $30,000/space = $474,000 **There is no credit for the 3 onsite spaces, which are for the use of the owner(s), tenant(s) or patrons of the commercial units and/or the residential units. Thank you for your cooperation in this matter. If acceptable, please sign below and return a copy to us for our records. Sincerely, GARFIELD & HECHT, P.C. Natasha Saypol Agreed Chris Bendon, Director of Community Development . . 7 . DES ERTS THE HISTORY ANNIE'$ APPLE CRISP ...... 5.95 ANNIE'$ RUM PEâ‚¬AN ; :,r,-11 i L 1 41;: '41]110,1.46 Â¥, 1 Â¢ 1, 9. j . Cinnamon, apples, pecans, and a crunchy top. BUNDY â‚¬AKE ................. 5.95 , , . f :~ ji .~~ .f 1 1 A411#& .1,Wl)11 it .Zi'y,e, Â·, I d + A LA MODE ................................ 7.95 OF ~Â· Â·ijjr~* It. 1 iift i '~'~i 1 ; ~s-; ~F~,*, 114Â· d Ait.1/4. . 11 J BANANA NUT BREAD ..... 5.95 4 1 11, , , h 40,4/// 11 2% VANILLA OR MOCHA A single slice of "a-not-too-sweet homemade treat." 1 t, 4 11 1 ICE CREAM PIE ............... 5.95 LITTLE ANNIE'$ ,/3 W A boulder-size portion of ice cream with our chocolate chip cookie VANILLA OR (11 crust, covered with chocolate syrup and whipped cream. CHOCOLATE XE CREAM .... 2.95 4 Little Annie was the daughter of a silver miner who came to Aspen CHOCOLATE AVALANCHE BREAD PUDDING ........... 5.95 in the late 1870'9 (called Ute City back then) in search of fortune. With ' I ~~ ~0USE BROWNIE *UNDAE .......... 5.95 With vanilla sauce. all her charm, Little Annie become the darling of the town, and the 21:~~,1 6 ~i~: Chocolate chip brownie with vanilla ice cream, whipped cream and largest silver producing mine on the back side of Aspen Mountain was Hershey's syrup. named after her. 11 , ~ ' 5 ijj, 1)IÂ·litivulkt 1-IMMI*T'a"Wt 9 filrir9~~DQ~19Il'llill & / BROWNIE ONLy ........................... *.95 h Â¥!1 .ii.:!I?1 613 d#Ellipti>?.! ':LU,+Noll Little Annie's Eating House established in 1972, carries on the BEVERAGES DRAUGHT BEERS tradition Little Annie started of pleasing people from near and far. We 0 /11/)219/Mit 3!~111 0 Iced Tea and Arnold Palmer ... 2.00 PINT still remember the words Little Annie spoke ground the campfire. -- GLASS PITÂ¢HER Coke, 7-Up, Dr. Pepper, Diet Coke, Ginger-Ale, Root Beer Bud Lite 4.00 ......... 1*.00 16 oz 3.00 Budweiger 4.00 ......... 12.00 Lemonade, cranberry juice, orange juice, tomato juice, Fat Tire Amber Ale ........................ 6.00 ........ 20.00 " Travel light in life, pineapple juice, grapefruit juice 2.50 Mirror Pond Pale Ale ...................... 6.00 ........ 20.00 Coffee, hot tea ... 2.00 Blue Moon Wheat.. 6.00 ........ 20.00 Serving hearty eaters for over 40 years Milk 2.00 Ranger IPA. 6.00 ........ 20.00 Take only what you need: Aspen Brewing (see server) .............. 6.00 ........ 20.00 a loving family, Sparkling water (Calistogal. ... 4*OO 90 Shilling 6.00 ........ 2O.OO Bottled water, still CCalistogal 2.50 Black & Tan 6.00 N/A good friends, TRY US FOR LUNCH Red Bull .... *.50 Guinness Stout 6.00 N/A simple pleasures, Stella Artois 6.00 ........ 20.00 someone to love SERVING DAILY FROM 1 4. BOTTLED BEERS LOOK TO OUR ..00 AM and someone to love you, TABLE TENTS FOR: Budweiser/Bud Light .... 4.00 enough to eat, enough to wear, Coors/Coors Light .... 4.00 SPECIALTY DRINKS & HOMEMADE DESSERTS Miller Lite .... 4.00 and just enough to drink .. Pal)st Blue Ribbon .... 4.00 BE SURE TO SEE OUR for thirst can be a dangerous thing. Amstel Light 5.CHO Corona 5.00 WINE SELECTION AND ASK Heineken.. 5.00 ABOUT OUR SEASONAL BEERS Voted Aspen's Best Old Restaurant Sierra Nevada Pale Ale 5.00 Michelob Ultra.. 16.00 RE.m...m Pacifico ..... 5.00 Sam Adams (seasonal) ... 5.00 A *NOT AND A BEER ARE ...1 1-'b Voted Aspen's Best Hamburger Rolling Rock 5.00 WILL ONLY 400 Paulaner Thomas Brau (non-alcoholic) ....................... 5.OO (Bud, Bud Light & Well Shots Only) 'EM~1~ 0. Mike'g Hard Lemonade... 5.00 5 UIOTS AND A PITâ‚¬11*R LITTLE ANNIE'$ EATING HOUSE, 517 E. HyMAN AVE., ASPEN, Â¢0 81611 .4 Lemonade/Cranberry FOR 17*00 925-1098 13-14 ...... WELCOME TO DINNER AT DINNER PLATTERS SANDWICHES Choose 2: Mashed potatoes with or without gravy, steak fries, cole slow, baked potato, vegetable All sandwiches served with dill pickle, and a choice of steak fries, LITTLE ANNIE'$ du jour, Greek rice, a house salad as a choice $2 extra. mashed potatoes with or without gravy, baked potato, cole slaw. Salad as a choice $2 extra. ... one of Aspen's oldest and most popular restaurants. Serving locals and travelers from around the globe. STEAKS, CHOPS ANNIE'$ HAMBURGER 11.95 TURKEY TERRIFIC MARINATED 10 OI. CHOICE AGED PRIME RIB. 12.95 1/2 lb. Angus Chuck grilled any way you like it. Served on an onion roll. SANDWIâ‚¬H ................... 11.95 STARTERS $11'LOIN ......................29.95 16 oz. prime rib with au jus and horseradish cream sauce. ADD ON TOPPING; FOR Smoked turkey breast on sourdough bread with white cheddar CALAMARI ................... 12.95 BBQ RIB APPETIZER ...... 12,95 Certified Angus beef, marinated in garlic, pepper, herbs & olive 10 OI. FOR THE LESS HEARTy ........ 27.95 AN EXTRA SPECIAL TASTE: cheese, warmed on our grill. Try this! It's tender, taity and served with Little Annie's A simpler of our famous BBQ pork ribs. Marinated, slow oil. Served with au pig on the side. Try it Blackened. Orders gre limited. ADD BACON ................................ 1.00 American, Swiss or Cheddar cheese â€¢â€¢â€¢â€¢â€¢â€¢â€¢â€¢â€¢â€¢â€¢â€¢â€¢â€¢ 1.00 marinara sauce. cooked with our own BBQ sauce. CARIBBEAN MARINATED CHICKEN-FRIED STEAM... 24.95 Bacon *********************************** 1.00 BBQ BEEF .................... 11.95 CRAB â‚¬AKES.................10.95 SPINAâ‚¬H PIE VEd PLATE PORK RIBEYE ............... 22.95 Certified Angus beef, breaded and cooked like a chicken. Sauteed on ions â€¢â€¢â€¢â€¢â€¢â€¢â€¢â€¢â€¢â€¢â€¢â€¢â€¢â€¢â€¢â€¢â€¢â€¢â€¢â€¢â€¢â€¢â€¢â€¢â€¢â€¢â€¢â€¢â€¢ 1.00 Shredded beef brisket mounded on a bun with Annie': own BBQ 2 Chesapeake Bay blue crab cakes, fried, served with Cajun Grilled 12 02. frenched center cut pork loin chop, marinated in Serious comfort food. Sauteed fresh mushrooms......................1.00 (SPANAROPITA) ................. 11.95 sauce. You'll need a fork for this sandwich. tartar sauce. the flavors of the islands with rum, pineapple and molagges. Bleu Cheese............................... 1.00 2 pieces with fresh spinach, feta, mushrooms and layers of filo COLORADO LAMB CHOPS..27.95 JUMBO SHRIMP dough. Served with cucumber slices, tomato and tzatziki sauce. LONDON BROIL (12 ox.) ...22.95 Fresh T-bone lamb chops, the best we can buy from our home VEGGIE BURGER ................. 11.95 REUBEN ...................... 11.95 COâ‚¬KTAI L..................... 16.95 Flank steal( with our secret marinade. state. Served with mint jelly. Lean eye of corned beef, sauerkraut and Swiss cheese grilled on "THE ORIGINAL GARDEN BURGER" Great shrimp...in the mountains! Five chilled shrimp with POTATO LATICES MUSHROOM â‚¬APS WITH yOUR STEAM! 4.95 Cooked on the grill and served on an onion roll. dark rye bread with Thousand Island dressing, of course. homemade cocktail sauce. (PANCAKES) *0.*.................. 9.95 ADD SAUTEED ONIONS OR MUSHROOMS - 1.00 RIBL CHICKEN, FISH ONION RINGS ................ 6.95 Shredded potatoes and onions deep-fried to a crispy finish, Sweet onions with beer bitter coating. served with apple sauce and sour cream. BBQ PORK SPARE RIBS BLACKENED SALMON ...... 25.95 SALADS (ST. LOUIS â‚¬UT) .................. 22.95 Fresh 7oz. hand-cut salmon filet, covered in cajun spices and ALL OF OUR SALAD DRESSING; ARE HOMEMADE. SOUPS, STEWS, CHILIS Marinated in our own oriental ginger and garlic marinade, slow blackened in a cast iron skillet. cooked and topped with Annie's BBQ sauce. FRESH ROCKY Dijon Vinaigrette, Blue Cheese, Ranch, Basalmic Vinaigrette, Thousand Island, Low-fat Raspberry Vinaigrette BEEF STEW ROCKY MOUNTAIN â‚¬HILI (SERVED WITH BREAD) (SERVED WITH CRACKERS) BBQ CHICKEN .............. 20.95 MOUNTAIN TROUT ....... 20.95 ORIENTAL CHICKEN SALAD.10.95 CAESAR SALAD .............. 10.95 Hearty and meaty with lots of potatoes and vegetables. Our own southwestern recipe. Sauteed and finished with a shallot, lemon, white wine and butter. Grilled teriyaki chicken, napa cabbage, bean sprouts, toasted Fresh romaine lettuce, big crunchy croutons, fresh grated par- Half a chicken, slow-cooked, topped with Annie's BBQ sauce. 1/2 STEW .................................. 9.95 JUST A Â¢UP ................................... 5.95 slivered almonds, green onions and crispy oriental noodles, megan cheese and our homemade Caesar dressing. FULL STEW ................................ 11.95 BOWL ......................................... 7.95 TERIYAKI MARINATED GRILLED tossed in a homemode ginger-soy vinaigrette. WITH ANCHOVIES ....................... 12.95 RIBS AND CHICKEN ADD â‚¬HIESE ..................................00 COMBO ...................... 24.95 CHICKEN BREAST .......... 20.95 TOFU AVAILABLE AS A WITH GRILLED CHICKEN ............... 12+95 SUBSTITUTE FOR â‚¬111â‚¬ICEN WITH 1 JUMBO SHRIMP (CHILLED). 15.95 BBQ 1/4 chicken & our BBQ spare ribs. HOMEMADE SOUP OF THE DAY ANNIE'$ ROASTED Check the blackboard CHICKEN-FRIED CHICKEN..22.95 CHICKEN ...................... 22.95 SPINACH SALAD ............1 O.95 GREEK SALAD ............... 10.95 â‚¬UP (WITH CRACKERS) ................. 4.95 A Texas fried chicken breast served with lots of gravy. Plump, juicy chicken, herb roasted with lemon, garlic, thyme Spinach, mushrooms, bacon bits, sprouts, hard-boiled egg, A bed of lettuce with tomatoes, Greek olives, onions and BOWL (WITH FR!$11 BREAD) .......... 5.95 and rosemary. Orders gre limited; order quick. walnuts, and red onions, with homemade banana nut bread cucumbers, marinated in our own Greek dressing, topped with FRESH GRILLED ;ALMON..25.95 and choice of dressing. imported feta cheese, anchovies and pepperoncinis. ADD=ONS Fresh 7oz. hand-cut salmon filet complimented by citrus herb butter. THICK STEAM FRIES ......... 4.95 â‚¬OLE SLAW ................... 2.95 CHEF'$ SALAD ...............1 O.95 CURRY CHICKEN SALAD...10.95 Crisp chilled greens, tomato wedges, shredded cheese, ham and Chunky chicken salad with slivered glmonds, diced apples, whole CHEF'$ NIGHTLY SPECIAL.. M.P. SAUTEED MUSHROOM BAKED POTATO ............. 1.95 Check the blackboard for our nightly creation or ask your server. turkey, with egg and cucumber. All topped with choice of our grapes, and curry. Served with fresh fruit over leaf lettuce. â‚¬APS ........................... 4.95 own homemade dressings. 1---1 JALAPERO â‚¬HUTNEY ....... 2.95 TOSSED SALAD ............... 5.95 REAL MASHED POTATOES..4.95 PASTA To ensure proper service, we cannot split checks or plates. With or without gravy. FRESH VEGETABLE Pastas served with tossed galad and bread. An 18% service charge may be added to parties of 5 or more. OF THE DAY .................. 2.95 VEd-HEAD LA;AGNA ...... 16.95 ANNIE'$ SPAGHETTI ........ 16.95 American Express, VISA, MasterCard, Discover, and local checks with I.D. accepted. SPINACH PIE (SPANAROPITA)...5.95 1 piece Fresh pasta layered with spinach, zucchini, mushrooms, ricotta With traditional meat sauce or vegetarian tomato sauce. and provolone. Baked and served with plenty of marinara sauce. THE STAFF THANKS YOU! - RECEPTION#: 624616, 11/04/2015 at 12:45:06 PM, 1 OF 3, R $21.00 DF $0.00 Janice K. V :audill, Pitkin County, CO DEED RESTRICTION AND AGREEMENT FOR AN AFFORDABLE RESTAURANT THIS DEED RESTRICTION AND AGREEMENT (this "Agreement") is made and entered into this 3!i_ day ofAIDIrentbe/20] 5, by Aspen Core Ventures, LLC (hereinafter referred to as " Owner"), whose address is 601 East Hyman Avenue, Aspen, Colorado, and the City of Aspen (hereinafter referred to as "gliI"), whose address is 130 South Galena Street, Aspen, Colorado. WITNESSETH WHEREAS, Owner owns real property (the "Real Propertv') in the City of Aspen, Coutity of Pitkin, Colorado, legally described as: LOT 1, FINAL PLAT OF ASPEN CORE SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 15, 2012 AS RECEPTION NO. 593104 COUNTY OF PITKIN, STATE OF COLORADO upon which is situate three structures known as: the Aspen Core Building. the Benton Building and that certain building currently occupied by Little Annie's Restaurant (the "Little Annie's Building"). For purposes of this Agreement, the footprint ofthe Little Annie's Building, together with all appurtenances and improvements associated therewith shall hereinafter be referred to as the "Restaurant Site"; and WHEREAS, in accordance with Section 7 of Ordinance No. 5, Series of 2012 recorded in the Pitkin County Real Property Records at Reception No. 586790 and Section 3.5 ofthe Subdivision Improvement Agreement recorded at Reception No. 593105, this Agreement imposes certain covenants upon the Restaurant Site in order to restrict the use and occupancy of the Restaurant Site to a "Low-Priced Restaurant" as defined herein. NOW, THEREFORE, in consideration of the mutual promises and obligations contained herein, the Owner hereby covenants and agrees as follows: 1. Unless modified pursuant to this Deed Restriction and Agreement, the Subdivision , Improvement Agreement or Ordinance 5, Series of 2012, the Restaurant Site is hereb>Â· restricted in perpetuity to be used only for the operation of a Low-Priced Restaurant (defined below). For the purpose of this Agreement, the term "Low-Priced Restaurant" means a restaurant offering menu items priced not more expensively, on a relative basis when compared to other sit down restaurants in Aspen, Colorado, than the current menu prices. Current menu prices are deemed those prices in the menu in effect at the Little Annie' s Restaurant on September 23,2015, copies of the current lunch and dinner menus are attached hereto as Exhibit "A". Notwithstanding this comparison of menu prices, it shall be presumed that the restaurant is not being operated as a Low-Priced Restaurant unless the regular dinner menu submitted to customers on a daily basis contains four entrde items o f reasonable choices and proportions, including at least one poultry RECEPTION#: 624616, 11/04/2015 at 12:45:06 PM, 2 OF 3, Janice K. Vos Caudi] )itkin County, CO dish and one fish or hamburger dish, whose average price of the four itenis is not greater tlian $19.00 and the regular lunch nienu submitted to customers on a daily basis contains four main items of reasonable choices and proportions, including a hamburger meal, whose average price of the four items is not greater than $14.00. The average maximum price set forth herein may be increased by the increase in the CPI, as defined and described under Paragraph 2 below. In the event that at any time the Owner, or any teiiant operating the Restaurant Site pursuant to a lease with Owner (the ' Tenant"), shall fail to comply with the presumption set forth above, the Owner or Tenant. as may be applicable, shall immediately submit to the Aspen Community Development evidence supporting compliance with the terms of Ordinance 5, Series of 2012, and the matter shall be set as soon as practicable for a determination of compliance by the City Council. 2, Future rent for the Restaurant Site shall not exceed rent charged in 2012 (which is liereby stated as being $9500 per month) including any item designated as additional rent, triple net charges or percentage of profits, as adjusted each calendar year thereafter by an amount equal to the percentage increase, if any. in the CPI-li. U.S. City Average, All Items, (1982-84=100) ConsumetÂ· Price Index (the "CPI"), over the CPI in effect foiÂ· the month and year of the effective date ofOrdinance No. 5, Series of 2012, which is February 13,2012. Utilities, if separately metered for the restaurant space, and taxes, if separately assessed for the restaurant space, may be excluded froni this limitation. 3. Any uses of the Restaurant Site other than as a Low-Priced Restaurant including other uses allowed in the CC Zone District as amatter ofright or any greater increases in rent shall be permitted only upon the agreement of the Owner and the City. 4. This Agreement and the deed restriction contained herein do not in any way affect the Aspen Core Building, the Benton Building and any portion of the Real Property that is not the Restaurant Site. 5. Owner shall make a reasonable good faith effort to find a tenant for the Restaurant Site. Owner shall not take any steps or make any additional demand, including the request of percentage of profits or tenants improvements, which would make the property untenable for a "low price restaurant.' 6. The covenants and limitations of this Agreement shall be deemed a deed restriction and shall run with and be binding on the Restaurant Site for the benefit of the City of Aspen and the City of Aspen may enforce the provisions thereof through any proceedings at law or in equity. 7. There is hereby reserved to the parties' hereto any and at[ remedies provided by law for breach of this Agreement or any of its terms. In the event the parties resort to litigation with respect to any or all provisions of tliis Agreement, the prevailing party shall recover damages and costs, including reasonable attorney's fees. IN WITNESS HEREOF, the parties hereto have executed this instrument on this day and year above first written. OWNER: Aspen Core Ventures, I.LC Andrew V. Hecht, Authorized Agent and Attorney In Fact 2 - RECEPTION#: 624616, 11/04/2015 at 12:45:06 PM, 3 OF 3, Janice K. Vos Caudill tkin County, CO STATE OF COLORAD ) ) SS. COUNTY Of PITKIN ) The foregoing instrument was acknowledged before mc this~/ day of ~6{ObE/-201 5, by Andrew V. Hecht, Authorized Agent and Attorney [n Fact for Aspen Core Ventures, LLC, a Colorado limited liability company. WITNESS MY hand and official seal. My Commission expires: -L STACY STANEK NOTARY PUBLIC . STATE OF COLORADO Notary Public ~_) NOTARY ID #20024032730 My Commisolon Exptâ€¢,0 Octoberp-291L ACCEPTANCE BY THE CITY OF ASPEN The foregoing agreement and its terms are accepted by the City of Aspen. 11 IE CITY OF ASPEN By: - 91 {fuj Name: '9-1- ga-r-Â· cte 'ritle: STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) Ike foregoin* instrument was acknowledged before me this ~2 day of ~0\111,4~.U , 20 1 5, by <10*>6.nattwu/'; pl,( as. 093, kicA,Ivlry,~" of City of Aspen WITNESS MY hand and official seaL My Commission expires: 4# (5~ ile *M A---4 9alt-u~es-nÂ»-- Notary Public KAREN REED PATTERSON NOTARY PUBLIC STATE OF COLORADO 3 NOTARY ID #19964002767 My Commission Expires February 15, 2018 ASPEN OFFICE Victorian Square GARFIELD &HECHT, RC, 601 East Hyman Avenue Aspen. Colorado 81611 ATTORNEYS AT LAW' Telephone (970) 925-1936 Facsimile (970) 925-3008 Since 1975 www.garfieldhecht.com April 1,2013 Chris Bendon Director, Community Development City of Aspen Aspen, CO 81611 Dear Chris, I am writing this letter on behalf of Aspen Core Ventures, LLC ("ACV") in connection with its ownership and development of that certain property known as Lot 1, AspenCore Subdivision, consisting of Lots E, F, G, H, and I of Block 95, City and Townsite of Aspen (the "Property"). ACV is in the process of obtaining a construction loan for the Property and the lender has requested clarification that there is no performance bond required in connection with the development approvals for the Property. While Ordinance #5 recorded on February 17,2012 at Reception No. 586790 does provide for a performance bond, the Subdivision Improvement Agreement later recorded on October 15, 2012 at Reception No. 593105 requires certain site enhancement escrow funds but no performance bond. By your signature below. this letter shall confirm that the requirements of Section 5.1 of the Subdivision Improvements Agreement replace the requirements of Section 4.d of Ordinance No. 5, Series of 2012. Thank you for your cooperation in this matter. If this is acceptable, please acknowledge by signing below and returning a copy for our records. Sincerely, Garfield & Hecht, P.C. 1 .i Nj19-6~%06ypol 024"gr Approved Chris Bendon, Director of Community Development Â® Printed on recycled paper Aspen â€¢ Avon â€¢ Basalt â€¢ Glenwood Springs â€¢ Rifle RECEPTION#: 593105, 10/15/2012 at 04:27:55 PM, 7 OF 53, Janice K. Vos Caud.- Pitkin County, CO An increase to the square feet of net leasable area shall require additional cash in lieu payment according to the methodology provided in Ordinance 5. ARTICLE V COST AND FINANCIAL ASSURANCES 5.1 Proof of Financing. Before the issuance of a building permit for the development of AspenCore, Lot 1, and as a condition of such approval, Owner shall provide to the City Building Department and City Attorney for review and approval, satisfactory evidence that Owner has in place sufficient financing to accomplish and complete the construction of the development on AspenCore, Lot 1 covered by the building permit and any public improvements identified within this SLA and required under Ordinance 5; provided, if there is no loan with respect to development of AspenCore, Lot 1, then Owner shall provide a letter from a financial institution stating that Owner has funds available in an amount that covers the estimated cost of construction for the development of AspenCore, Lot 1. Such financing may include without limitation, a construction loan from an institutional lender or lenders and equity capital investments and/or donations from Owner or third party investors or contributors. In addition, before issuance of a building permit for AspenCore, Lot 1 Owner shall provide supporting cost estimates for all improvements covered by the requested building permit prepared by that Owner's general contractor for review and approval by the City of Aspen Building Department. 5.2 Cash Escrow for Site Enhancement Fund. Before the issuance of a building permit for AspenCore, Lot 1, and as a condition of such issuance, the owner of AspenCore, Lot 1 will deposit with Stewart Title of Aspen, 1nc. the sum of TWO HUNDRED FIFTY THOUSAND DOLLARS AND NO/ 100THS ($250,000.00) (the "Site Enhancement Escrow Funds") in the form of cash or wired funds pursuant to an Escrow Agreement made and entered into between Owner of AspenCore, Lot 1 and the City which shall provide as follows: i. In the event construction work on the development of AspenCore, Lot 1 shall cease for ninety (90) days or longer prior to a final inspection by the City of the work authori zed by a foundation/structural frame permit ("F/SFP") on such lot, then the City in its discretion may draw upon the Site Enhancement Escrow Funds from time to time as needed for the purposes of improving the appearance of any construction work already completed, and for the installing of any public improvements on or adjacent to AspenCore, Lot 1 as specified Appendix A "AspenCore Subdivision, Lot 1-Public Improvements Costs Estimates" as attached to the SIA. ii. The City shall have sole discretion with respect to the manner of improving the appearance of construction work in progress as well asa determining the public improvements to be installed. iii. The Site Enhancement Escrow Funds or any remaining balance thereof shall be returned to Owner of AspenCore, Lot 1 upon completion by the City of a final inspection and issuance of a Certificate of Occupancy for AspenCore, Lot 1, or when otherwise agreed to by Owner of AspenCore, Lot 1 and the City. iv. The City shall be named as a third party beneficiary of the Escrow Agreement with the express right and authority to enforce the same from time to time in accordance with the tenor in terms thereof. 5.3 Cash Escrow for Site Protection. Before the issuance of a building permit for AspenCore, Lot 1, and as a condition of such issuance, the owner of AspenCore, Lot 1 will deposit with Stewart Title of Aspen, Inc. the sum of TWO HUNDRED FIFTY THOUSAND DOLLARS AND Page 7 of 10 c. Other Improvements and Development. With respect to all other improvements or development within the Project, the Applicant shall provide evidence satisfactory to the Community Development Department and the City Attorney's Office that the Applicant has in place sufficient financing to accomplish and complete all the development for which a Building Permit is sought. Such financing may include, without limitation, a construction loan from an institutional lender or lenders and equity capital investments from the Applicant or third party investors, The City Attorney shall have sole discretion in determining if the proposed financing as advanced by the Applicant is sufficient to complete the development activity for which a Building Permit is sought. d. Financial Assurances for Completion of the Project. The Applicant further commits and agrees that before any Building Permit (including demolition, access/infrastructure, and/or site preparation permits) is issued for the Project approved by this Ordinance, the Applicant shall provide to the City Building ~ Department and the City Attorney for review and approval a copy of a Performance Bond issued or committed to be issued to the Applicant's General Contractor by an institutional surety company pursuant to which the surety agrees to provide the funds necessary to complete the construction of the improvements covered by the Building Permit, and all public improvements required under the Subdivision/PUD Agreement, or by providing such other security that may be acceptable to the City attorney. If a Performance Bond is used, the Performance Bond shall name the Applicant and the City of Aspen as additional beneficiaries or insureds thereunder to grant to either or both of them a direct right of action under the Performance Bond in order to construct or finish public improvements, and to complete the construction of the improvements covered by the Building Permit. Section 5: Site Protection Fund The Applicant hereby commits and agrees that before any Building Permit (including demolition, access/infrastructure, and/or site preparation permits) is issued for the Project approved by this Ordinance, the Applicant shall deposit with Pitkin County Title, Inc. ("Escrow Agent") the sum of $250,000 in the form of cash or wired funds (the "Escrow Funds") and will execute an Escrow Agreement and Instructions with the Escrow Agent which recites and agrees as follows: "In the event construction work on the Project shall cease for sixty (60) days or longer ('work stoppage') prior to a final inspection by the City of the work authorized by the Foundation/Structural Frame Permit on the Project, then the City in its discretion may draw upon the Escrow Funds from time to time as needed for purposes of protecting and securing the Project site and improvements from damage by the elements and/or from trespass by unauthorized persons, and for purposes of improving the Project site to a safe condition such that it does not become an attractive nuisance or otherwise pose a threat to neighbors or other persons." 517 and 521 E. Hyman Avenue Ordinance #5, Series of 2012 Page 6 of 15 Glenwood Springs Office GARFIELD & HECHT, P.C. The Denver Center 420 Seventh Street, Suite 100 ATTORNEYS AT LAW Glenwood Springs, CO 81601 Since 1975 Telephone (970) 947-1936 Facsimile (970) 947-1937 www. earfieldhecht.com April 29,2014 David Smith dsmith@garfieldhecht.com Via E-Mail Chris Bendon Community Development Director City of Aspen 130 S. Galena Street Aspen, CO 81611 chrisb@ci.aspen.co.us Re: Financial Security for AspenCore Subdivision Dear Chris: I am writing this letter on behalf of Aspen Core Ventures, LLC ("Aspen Core") in connection with its development of the AspenCore Subdivision. As you know, by Ordinance No. 5, Series 2012 ("Ordinance") the City Council approved historic landmark designation, subdivision, growth management review, commercial design review benefits through the AspenModern program and a site specific development plan for the AspenCore property (the "Property" or "Project"); and Section 4(b) of the Ordinance provided that Aspen Core shall secure the installation of the public improvements and landscaping by providing the City with a letter of credit in the amount of 125% of the cost of such improvements, or by such other security as may be acceptable to the City Attorney. Section 5 of the Ordinance required that the Applicant post cash into a Site Protection escrow fund in the amount of two hundred and fifty thousand dollars for the benefit of the City; and The City also approved a Subdivision Improvements Agreement for the Project dated October 10,2012 and recorded as reception number 593105 (the "SIA"). The SIA in Sections 5.2 and 5.3 required that the Applicant post both a $250,000 cash Site Protection escrow deposit and a $250,000 cash Site Enhancement escrow deposit. The Ordinance does not reference a Site Enhancement Fund requirement and the SIA is silent on the issue of financial security for public improvements, although it references the Ordinance. Chris Bendon April 17,2014 Page 2 of 2 Aspen Core has posted the two escrow deposits totaling five hundred thousand dollars ($500,000) as required by the SIA and has previously entered into escrow agreements with the City for this purpose. When reviewing the public improvement requirement Aspen Core determined that 125% of the cost estimates for the financial security required for the public improvements totals $528,200. Aspen Core is proposing to post an additional $28,200 to the existing escrow accounts for a total of $528,200 and to utilize this fund as the financial guaranty required for the public improvements, the site enhancement and the site protection funds as set forth in the Ordinance and the SIA, as evidenced by the attached amendment to the escrow agreements. The intent is that the full $528,200 placed in escrow would be released upon satisfaction of the completion of the public improvement and landscaping requirements as set forth in section 4(b) of the Ordinance. It is our understanding that this arrangement has been previously approved by ComDev and the City Attorney, but that a formal request should be made to this effect. By your signature below, this letter shall confirm that upon execution of the attached Amendment to Escrow Agreement and deposition of the remaining $28,200 into the escrow account the Applicant is deemed to have satisfied the financial security requirements of both the Ordinance and the SIA. Thank you for your cooperation in this matter. If acceptable, please sign below and return a copy to us for our records. Sincerely, GARFIELD & HECHT, P.C. Davidl~444 67 917/1/ - Agreed Chris Bendon, Director of Community Development 1059448_1 AMENDMENT TO ESCROW AGREEMENT THIS ,AMENDMENT TO ESCROW AGREEMENT ("Amendment") is made and entered into this 30*41ay of 4-Ir-: \ 2014 by and between Aspen Core Ventures, LLC ("Developer"). the City of Aspen, Colorado ("City"), and Stewart Title Company ("Escrow Agent"). Developer, City and Escrow Agent may sometimes be referred to as the "Parties." WITNESSETH: WHEREAS, the Parties have entered into that certain Escrow Agreement dated 907Â£ 8 r 20 6 concerning the escrow of fund required under the Subdivision Improvement Agreement recorded October 15, 2012 in the Real Property Records of Pitkin County, Colorado at Reception No. 593105 (the "SIA") relating to the property ("Property") known as Lot 1, Aspen Core Subdivision, consisting of Lots E, F, G, H, and I of Block 95, City and Townsite of Aspen (the "SIA") and as set forth in the ordinance of approval, Ordinance No 5, Series 2012 (the "Ordinance"); and WHEREAS, the Escrow Agreement addressed the site protection and enhancement aspects of the SIA, but does not address the requirements for public improvement security; and WHEREAS, the Parties desire to enter into this Amendment in order to set forth the obligations of the Parties concerning the funds on deposit as it pertains to all of the financial requirements of the Developer under the RIA and Ordinance. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Recitals. The foregoing recitals are incorporated into the terms of this Agreement as affirniative representations and acknowledgments ofthe parties. 2. Escrow Agent Duties. The Escrow Agent agrees to perform certain duties as specifically described in tile Escrow Agreement as amended herein. 3. Escrow Deposit. The Escrow Deposit consisting of five hundred thousand dollars currently on file with the Escrow Agent will be increased by twenty eight thousand two hundred dollars to a total of $528:200, which shall be used to secure all of Developer's obligations under paragraphs 3.13, 5.2, and 5.3 of the SIA and paragraph 4(b) of the Ordinance. This number represents ]25% of the anticipated cost of the public improvements. Partial draw-downs are permitted and the parties together may by written notice direct the Escrow Agent to disburse any or all of the Escrow Deposit. Otherwise, the Escrow Deposit shall be administered and disposed of at the direction of the Escrow Agent according to the terms ofthis Amendment. 4. Escrow Disposition. In the event of a default under paragraphs 3.13, 5.2, or 5.3 of the SIA or section 4(b) of the Ordinance the City shall make demand of the Escrow Ageiit by providing written notice to the Escrow Agent and Deve]oper of the default under the SIA requesting disbursement of all or a part of the Escrow Funds. The written notice shall detail the steps the City plans to undertake to remedy the default as it pertains to the Subject Property, together with the anticipated costs thereof. Developer shall have ten (10) days from the date of the written notice of default to cure the issues. If the Developer has not cured or otherwise challenged the alleged default within ten (10) days of the date of the notice the Escrow Agent may disburse the amount -of Esci-ow Funds requested by the City. When Developer has completed and the City has accepted the required public improvements for the Subject Property, the Developer shall provide written notice to the Escrow Agent, including a copy of the City's approval. Upon receipt of such notice the Escrow Agent shall disburse any and all of the remaining Escrow Deposit to Developer immediately 5. Remainder Unchanged. All other terms and conditions of the Escrow Agreement not specifically amended herein remain unchanged and in full force and effect. WHEREFORE, the parties have set forth their signatures below effective as of the date first written above. DEVELOPER: Aspen Core Ventures, LLC, a Colorado limited liability company By: J Core Investors, LLC, a Colorado limited liability company. its Manager By: NH Core, LLC a Colorado limited liability company, its Manager Nikos Hecht, Manager CITY: CITY OF ASPEN, COLORADO By LA/ V//fr-f ESCROW AGENT: STEWAET TITLE COMPANY , BM-(4/~ 1.. STATE OF COLORADO ) COUNTY OF 8%144 ) ss: The foregoing instument WN-S acknowledged before me this ~ day of ~~lc- 1 ~ 2014, by Milz-os Ueold- as AiD V\023 64+* Of Nff Cm-- 40 8-1.Ntl,JÂ«r- 09 3 CAct [vwe-4,-s Ou- , ik j/~aae--0-04 Witness my hand and official seal. 701'*FeO Ove. Ve'M*tlr4 L.1--C-- ' My commission expires: b.ylf STACY STANEK 0\fu.FFIX*U32,{~ NOTARY PUBLIC Notary Public ~_~ STATE OF COLORADO NOTARY ID #20024032730 My Commission Expires October 7, 2014 1 r STATE OF COLORADO ) r ) SS: COUNTY OF PA-Â«.io The foregoing instrliment *a~acknowledged before me tl]* ~# dayÂ·* f UR.4Â« , tj U 2014, by ftbaNA #&44 + (~0138.25 as 6,005(00 1-2-2-9 t~24;0-~- of 22, O-77?fe- Witness my hand and official seal. My commission expires: ~- 5--204 LESLIE HINELINE BOYER i NOTARY PUBLIC STATE OF COLORADO K -40**27*Afe / NOTARY ID 19964006063 My Commission Expires April 5,2016 Q STATE OF COLORADO ) ) SS: COUNTY OF ) The foregoing instrument was aqknowledged before me this Bit day of fEA-7 2014, by , (thrieknNOn as D -fitr of 0Â»1"9 MÂ©Vil 000â‚¬Ft - Witness my hand and oificial seal. My conlmission expires: TARA L. NELSON NOTARY PUBLIC STATE OF COLORADO | - TIZIL/C'14- I %14/3 NOTARY ID 20014030017 MY COMMISSION EXPIRES 09/26/2017 Notary Public Glenwood Springs Office GARFIELD & HECHT, P.C. 1 he Denver Center 420 Seventh Street, Suite 100 ATTORNEYS AT LAW Glenwood Springs, CO 8 1601 Since 1975 Telephone (970) 947- 1936 Facsimile (970) 947-1937 www. garfieldhecht.com April 17,2014 David Smith dsmith@garfieldhecht.com Via E-Mail Chris Bendon Community Development Director City of Aspen 130 S. Galena Street Aspen, CO 81611 chrisb@ci.aspen.co.us Re: Financial Security for AspenCore Subdivision Dear Chris: I am writing this letter on behalf of Aspen Core Ventures, LLC ("Aspen Core") in connection with its development of the AspenCore Subdivision. As you know, by Ordinance No. 5, Series 2012 ("Ordinance") the City Council approved historic landmark designation, subdivision, growth management review, commercial design review benefits through the AspenModern program and a site specific development plan for the AspenCore property (the "Property" or "Project"); and Section 4(b) of the Ordinance provided that Aspen Core shall secure the installation of the public improvements and landscaping by providing the City with a letter of credit in the amount of 125% of the cost of such improvements, or by such other security as may be acceptable to the City Attorney. Section 5 of the Ordinance required that the Applicant post cash into a Site Protection escrow fund in the amount of two hundred and fifty thousand dollars for the benefit of the City; and The City also approved a Subdivision Improvements Agreement for the Project dated October 10,2012 and recorded as reception number 593105 (the "SIA"). The SIA in Sections 5.2 and 5.3 required that the Applicant post both a $250,000 cash Site Protection escrow deposit and a $250,000 cash Site Enhancement escrow deposit. The Ordinance does not reference a Site Enhancement Fund requirement and the SIA is silent on the issue of financial security for public improvements, although it references the Ordinance. Chris Bendon April 17,2014 Page 2 of 2 Aspen Core has posted the two escrow deposits totaling five hundred thousand dollars ($500,000) as required by the SIA and has previously entered into escrow agreements with the City for this purpose. When reviewing the public improvement requirement Aspen Core determined that 125% of the cost estimates for the financial security required for the public improvements totals $528,200. Aspen Core is proposing to post an additional $28,200 to the existing escrow accounts for a total of $528,200 and to utilize this fund as the financial guaranty required for the public improvements, the site enhancement and the site protection funds as set forth in the Ordinance and the SIA, as evidenced by the attached amendment to the escrow agreements. The intent is that the full $528,200 placed in escrow would be released upon satisfaction of the completion of the public improvement and landscaping requirements as set forth in section 4(b) of the Ordinance. It is our understanding that this arrangement has been previously approved by ComDev and the City Attorney, but that a formal request should be made to this effect. By your signature below, this letter shall confirm that upon execution of the attached Amendment to Escrow Agreement and deposition of the remaining $28,200 into the escrow account the Applicant is deemed to have satisfied the financial security requirements of both the Ordinance and the SIA. Thank you for your cooperation in this matter. If acceptable, please sign below and return a copy to us for our records. Sincerely, GARFIELD & HECHT, P.C. David D. Smith '*greed Chris Bendon, Director of Community Development 1059448 1 Kah |k AS1'EN OFFICE Victorian Square GARFIELD & HECHT, RC, 601 East Ilyman Avenue Aspen,Colorado 8 1611 ATTORNEYS AT LAW Telephone (970) 925Â· 1936 A 6*< Facsimile (970) 9253008 Since 1975 Ffwwl#bld wtu www. garfieldhecht.com 91 k 6*11~mt f nttld- 0 April 1, 2013 4 ~ - FÂ¥ 01 # 4 Chris Bendon Director, Community Development City of Aspen Aspen, CO 81611 Dear Chris, I am writing this letter on behalf of Aspen Core Ventures, LLC ("ACV") in connection with its ownership and development of that certain property known as Lot 1, AspenCore Subdivision, consisting of Lots E, F, G, H, and I of Block 95, City and Townsite of Aspen (the "Property"). ACV is in the process of obtaining a construction loan for the Property and the lender has requested clarification that there is no performance bond required in connection with tile development approvals for the Property. While Ordinance #5 recorded on February 17, 2012 at Reception No. 586790 does provide for a performance bond, the Subdivision Improvement Agreement later recorded on October 15, 2012 at Reception No. 593105 requires certain site enhancement escrow funds but no performance bond. By your signature below, this letter shall confirm that the requirements of Section 5.1 of the Subdivision Improvements Agreement replace the requirements of Section 4,d of Ordinance No, 5. Series of 2012. Thank you for your cooperation in this matter. lf this is acceptable, please acknowledge by signing below and returning a copy for our records. Sincerely, Garfield & Hecht, P.C. , i 'l Bel,V (,1 Natbil?Shypol 642 Approved Chris Bendon, Director of Community Development Â® Printed on recyoled paper Aspen â€¢ Avon â€¢ Basalt â€¢ Glenwood Springs â€¢ Rifle ESCROW AGREEMENT TIT[S ESCROW AGREEMENT ("Agreement") is made and entered into thi/- day of -f~plÂ·m' 4013, by and between Aspen Core Ventures, LLC Coeveloper") the CiÂ·ty of Aspen, Colorado ("City") and Stewart Title Company ("Escrow Agent"). Developer, City and Escrow Agent may sometimes be referred to as the "Parties." WITNESSETH: WHEREAS, Developer and the City have entered into that Dertain Subdivision Improvement Agreement recorded October 15, 2012 in tile Real Property Records of Pitkin County, Colorado at Reception No, 593105 (the "SIA") relating to the propeity C'Property") known as Lot 1, Aspen Core Subdivision, consisting of Lots E, F, G, H, and I of Block 95, City and Townsite of .Aspen (the "SIA"); and WHEREAS, the SIA requires the Developer to deposit certain funds with the Escrow Agent for the purpose of securing the development on the Subject Property; and WHEREAS, the Parties desire to enter into this Agreement iii order to set forth the obligations of the Parties concerning the funds on deposit. NOW, THEREFORE, for good and valuable consideration, the' receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: Recitals. The foregoing recitals are incorporated into the terms of this Agreement as affirmative representations and acknowledgments of the parties, 2. Escrow Agent Duties, The Escrow Agent agrees to perform certain duties as specifically described herein, Escrow Agents' rights, duties, anc! responsibilities shall be defined solely by reference to this Agreement, applicable provisions of Colorado law, and no other documents. 3. Escrow Deposit. Developer will deposit with Escrow Agent the total amount of five hundred theusand dollars (<'Escrow Deposit'D. The Escrow Deposit is comprised of two separate $250,000 deposits as further detailed below, TheÂ·parties together may by written notice direct the Escrow Agent to disburse any or a!1 of the Escrow Deposit, Otherwise, the Escrow Deposft shall be administered and disposed of at the direction of the Escrow Agent according to the tanns ofthis Agreement, 4. Site Protection Fund, One half of the Escrow Deposit ($250,000) is to< be held for the purpose of providing the City with security for site protection pursuant to Â§.5.3 of.the SIA ("Site Protection Escrow Funds"). i. In the event construction work on the Subject Property stops for a period of sixty (60) consecutive days or longer ("Initial Work Stoppage") prior to a fi.nal inspection by the City of the work authorized by a foundation/structural frame permit ("F/SFP") then the City may make demand of the Escrow Agent for release of the Site Â·Protection Escrow Funds as necessary for the purposes of protecting and securing the Subject Property and improvements thereon from damage by the elements and/or from trespass by unauthorized persons, and for the purpose of improving the site to. a safe condition such that ,it does not become an attractive nu isance or otherwise pose a threat to heighbors or other persons. ii, City shall make demaiid of the Escrow Agent pursuant to subpart (i) herein by providing written notice to the Escrow Agent of the Initial Work Stoppage and default of this Agreement and requesting disbursoment ofall or a part of the Site Protection Escrow Funds. The written notice shall detail the steps the City plans to undertake to protect the work on the Subject Property, together with the anticipated costsÂ·thereof, iii, Developer shall have ten (10) days from the date ofthe Written notice of default to cure the Initial Work Stoppage and resume construction activities on the Subject Property. If the Developer has not cured the Initial Work Stoppage or otherwise challenged the alleged default within ten (10) days of the date of the notice the Escrow Agent may disburse the amount of Site Protection Escrow Funds requested by the City, iv, Whenever Developer passes the final inspection for the F/SFP it shall provide written notice to the Escrow Agent demonstrating the final inspection approval of the F/SFP aiid requesting the release of any and all remaining Site Protection Escrow Funds. Upon receipt of sue].1 notice the Escrow Agent shall disburse any and all remaining Site Protection Escrow Fund to Developer as soon as practicable but in no event later than five (5) business days. 5. Site Enhancement Fund. One half ofthe Escrow Deposit ($250,000) is to be held for the purpose of providing the City with secitrity for Site enhancement pursuant to Â§ 5.2 of the SIA ("Site Enhancement Escrow Funds"). i, In the event construction work on the Subject Property stops for a period of ninety (90) consecutive days or longer ("Extended Wor.k Stoppage") prior to a final inspection by the City of the work authorized by the F/SFP then the City may make demand of the Escrow Agent for release of the Site Enhancement Escrow Funds as necessary for the purposes of improving the appearance of the Subject Property and.improvements thereon a.nd for the purpose o.f installing any public improvements on the Subject Property as required in Appendix A to the SIA.. ii. City shall make demand of the Escrow Agent pursuant to subpart (i) herein by providing written notice to the Escrow Agent of the Extended Work Stoppage and default of this Agreement and requesting disbursement of allÂ· or a part oftbe Site Enhancement Escrow Funds, The written notice shall detail the steps the City plans to undertake to protect the work on the Subject Property, together with the anticipated costs thereof. iii. Developer shall have ten (10) days from the date of tlie written notice of default to cure the Extended Work Stoppage and resume construction activities on the Subject Property. If the Developer has not cured the Extended Work Stoppage or otherwise challenged the alleged default within ten (10) days of the date of the notice the Escrow Agent may disburse the amount of Site Enhancement Escrow Funds requested by the City. iv, Whenever Developer receives the Certificate of Occupancy for the Subject , Property it shall provide written notice to the Escrow Agent, includ.ing a copy of ~ the Certificate of Occupancy, Upon receipt of such notice and a copy of the Certificate of Occupancy the Escrow Agent shall disburse all of the remaining ' Escrow Deposit to Developer as soon as practicable. 6. Escrow Fee. Developer shall pay to Escrow Agent an initial EscrowÂ· Fee of $500 upon deposit of the Escrow Funds. Annually on the anniversary of the Â·effective date of thÂ·is Agreeme.nt Developer shall pay an fee of $250 to Escrow Agent until such time as the Escrow Funds are fully disbursed. 7. Entire. Agreement, This is the entire Agreement of the parties with respect to the subject matter herein. This Agreement may be supplemented, amended, or revoked by writing only, signed by all of the parties hereto, and approved by Escrow Agents, upon payment of all fees, costs and expenses incident thereto. 8. Assienment. No party shall assign, transfer or convey the riglits and obligations outlined in this Agreement witliout the written consent of the other party. 9. Notice, Any notice required or desired under this Agreement shall be in writing and shall be deemed received upon actual service, refusal of delivery, upon.electronically-confirmed facsimile transmittal, or within three (3) business days after mailing via United States Mail, certified, return receipt requested, at the following addresses: Developer Aspen Core Ventures, LLC Attn: Nikos Hecht 601 E. Hyman Ave, Aspen, CO 81611 With a copy to: Garfield & Heeht, P.C. 420 Seventh Street, Suite 100 Glenwood Springs, CO 81601 Attention: David D. Smith, Esq, Fax No.: (970) 947-1936 Phone: (970) 947-1937 City: City of Aspen Community Development Department 130 S. Galena, 3rd Flo.or Aspen, CO 81611 With a copy to: City of Aspen City Attorney 130 S. Galena, 2nd Floor Aspen, CO 81611 Escrow Agent Stewart Title of Aspen ~ 620 East Hopkins Ave, Aspen, CO 81611 (970)-925-3577 (phone) (866) 277-9353 (fax) Any party may change the address for notice by the same means as providing notice of any matter under this Paragraph. 10, No Liability. Neither Escrow Agent n.or any of its officers, directors, agents, or employees shall be personally liable for any act it may do or admit to do hereunder as such agent, while acting in good faith and in the exercise of its own judgment under the terms and conditions of this Agreement. The parties agree, jointly and severally, for themselves, their heirs, legal representatives, successors and assigns, to hold Escrow Agent hanniess as to any liability incurred by carrying out any of t the terms hereof. 11. Disputes/Interpleader. In the event the Escrow Agent determines that a: dispute exists concerning tile validity or meaning of this Agreement, or any other fact or matter relating thereto, Escrow Agent shall deposit the Escrow Deposit or so much thereof as remains in its hands with the Clerk of the District Court of Pitkin County, Colorado. Upon so depositing such property and filing its complaint in interpleader, Escrow Agent shall be relieved of all liability wider the terms hereof as to the property so deposited, and further, the parties hereto for themselves, theirÂ·heirs, legal representatives, successors and assigns do hereby submit themselves to the jurisdiction of said court anc! to hereby appoint the Clerk of said Court as their agent for service of process in connection with such proceedings. 12. Governing Law. This Agreement shall be construed under the laws of the State of Colorado, Iii the event that any portion of this Agreement may be. detennined to be invalid, then the remaining provisions ofthis Agreement shall be in full force and effect and shall be construed as nearly as . possible to give effect' to the intentions of the parties based upon the entire Agreement, including the invalid provision. In the event of litigation concerningÂ· this Agreement, thÂ© prevailing party shall bo entitled to recover its costs, including attorneys fees. 13, Appropriation. No provision of this Agreement shall be construed or interpreted: i) to directly or indirectly obligate the City to make any payment in any year in excess of amounts appropriated for such year; ii) as creating a debt or multiple fiscal year direct or indirect debt or other financial obligation whatsoever within the.meaning of Article X, Section 6 or Article X, Section 20 of the Colorado Constitution or any other constitutional or statutory limitation or provision; or iii) as a donation or grant by City to or in aid of any person, company or corporation within the meaning of Article XI, Section 2 of the Colorado Constitution. 14, Addendum. The general provisions attached hereto as Exhibit A are made a part . o f this Agreement. WHEREFORE, tl.ie parties have set forth their signatures below effective as of the date first written above. DEVELOPER: Aspen Core Ventures, LLC, a Colorado limited liability company By: J Core Investors, LLC, a Colorado limited liability company, its Manager ~ By: NH Core, LLC, a Colorado limited Liability company, its Manager Nikos Helht, Manager CITY: CITY OF ASPEN, COLORADO By -728_Y ~ ESCROW AGENT: 30 STEWART TITLE COMPANV STATE OF COLORADO ) COUNTY OF COL&-do ) SS: ) 1 The foregoing instrument was acknowledged before me thi;4~~~~I_of Atre-- 2013. by 0 8Â£49 Ulf>11 b as of NH (0vt, 1-1-6 0(5.*LAA a>06< 06Â· 4~dere. trvk,Stâ€¢rs&/ FLS U=,arreF #lipon Witness m)' hand and official seal,L) Core. Vâ‚¬,pufkw:ea- , U-C- My commission expires: 0,7,/f- -STACY STANEK ie--~~ NOTARY PUBLIC Nuch* Pul~*3- v STATE OF COLORADO NOTARY ID #20024032730 MYComm~.lon Expires Oct*r.72 2014 _ STATE OF COLORADO ) ) SS: COUNTY OF 91+Kin ) The fo.regoing instrument was acknowledged before me this 'Mflav of 6574â‚¬Mt k\A-, 2013, by 1*, %4rr\0*0121 as 069 44 M.k Ak~ MA Flg:V of Witneks illy hand and official seal M / commMRA#KNEbRON NOTARYPUBLIC STATE OF COLORADO NOTARY ID 20014030017 49*LW@ MY COMMISSION EXPIRES 09/25/2017 Notary Public STATE OF COLORADO ) ) SS: COUNTY OF 71-[ 2. id ) The foregoing instrument was ackliowledged before me this Z day of O c_,4-O6c 1/ ,, 2013, by kto.r e la--Foutt,ws as H, 841 e-r,54.- Lwer-1-1 ;14-of , Asp 661 72,1 vle â€¢'06 Witness my hand and official seal. My commission expires: Notary Public / ~ \J ALLISON HJORTH NOTARY PUBUC STATE OF COLORADO NOTARY ID 20134005029 MY COMMISSION EXPIRES JANUARY 22, 2017 Stewart Title Company - Aspen Division ESCROW AGREEMENT EXHIBIT GENERAL PROVISIONS Date: 64-1, 23 , 2013 Order Number: The instructions mAy be supplemented, amended, or revoked by writing only, siglied by al! of the parties hereto, and approved by the Escrow Agent, upon payment of all fees, costs and expenses incident thereto, 2. No ashignment, transfer, conveyance, or hypothecation of any rights, title, or interest in and to the subject matter of this escrow shall be binding upon the Escrow Agent unless written notice thereof shall be served upon tile Escrow Agent and all fees, costs and expenses incident thereto shal have been paid and then only upon the Escrow Agent's assenl thereto in writing. 3. Any notioe required or desired to be given by the Escrow Agent to any party to this Escrow may be given by mailing the same addressed to such party at the address given below the signature of such party or the most recent address of such party shown on the records of the Escrow Agent, and notice so mailed shall ibr all purposes hereof be as effectual as though served upon party in person at the time of depositing such notice in the mail, 4. The Escrow Agent may receive any payment called for hereunder after the due date thereof unless subsequent to the due date of such payment and prior to the receipt thereof the Escrow Agent shall have been instructed in writing to refuse any such payment, 5, The Escrow Agent shall not be personally liable for any act it may do or omit to do hereunder as such agent, while acting in good faith and in the exercise of its own judgment, and any act done or omitted by it pursuant to the advice of its own attorneys shall be conclusive evidence of such good faith. 6. The Escrow Agent is hereby expressly authorized to disregard any and all notices or warnings given by any ofthe parties hereto, or by any other person, finn, or corporation, excepting only orders or process of court, and is hereby expressly authorized to comply with and obey any and all process, orders, judgments or decrees of any court, and in case the Escrow Agent obeys or complies with any such process, order, judgment or decree of any court it shall not be liable to any of the parties hereto or to any other person, firm or corporation by reason of such compliance, notwithstanding any such process, order, judgment or decree by subsequently reversed, modified, annulled, set aside or vacated, or found to have been issued or entered without jurisdiction. 7. In consideration of the acceptance of this escrow by the Escrow Agent, the undersigned agree, jointly and severally, for themselves, their heirs, legal representatives, successors and assigns, to pay the Escrow Agent its charges hereunder and to indemnity and hold it hannless as to any liabilily by it incurred to any other person, firm or corporatioli by reason of its having accepted the same, or its carrÂ·ying out any of the terms thereof, and to reimburse it for all its expenses. including among other things, counsel fees and court costs incurred in connection herewith; and that the Escrow Agent shall have a first and prior lien upon all deposits made hereunder to secure the performance of said agreement of indemnity and payment of charges and expenses, witliout previous notice, from any funds deposited hereunder. Escrow fees or charges, as distinguished from other expenses hereunder, shall be as written at left of the Escrow Agenl's signature at the time of acceptance hereof. 8. The Escrow Agent shall be under no duty or obligation to ascertain the identity, authority or rights of the par'ties executing or delivering or purporling to execute or deliver these instructions or any documents or papers or payments deposited or called for hereunder, and assumes no responsibility or liability for the validity or sufficiency of these instructions or any documents or papers or payments deposited or called for hereunder. 9. The Escrow Agent shall not be liable for the outlawing of any rights under either common Iaw or any statute of limitations in respect to the Instructions or any documents or papers deposited. 10. In the event of any dispute between the parties hereto as to the fhcts of default, the validity or meaning of these instructions or any other fact or matter relating to the transaction between the parties, the Escrow Agent is instructed as follows: a. That it shall be under no obligation to act, except under process or order of court, or until it has been adequately indemnified to its full satisfaction, and shall sustain no liability for its failure to act pending such process or court order or indemnification. b. That it may in its sole and absolute discretion, deposit the property described herein or so much thereof as remains in its hands with the Clerk of the District Court, State of Colorado in whose jurisdiction it falls. Upon so depositing such property and fijing its complaint in interpleader it shall be relieved of all liability under the terms hereof' as to the properly so deposited, lind furthermore, the parties hereto for themselves, their heirs, legal representatives. successors and assigns do hereby submit themselves to the .jurisdiction of said Court and do hereby appoint the Clerk of said Court as their Agent for the service of al] process in colineclion with such proceedings. The institution of any such interpleader action shall not impair tho rights of the Escrow Agent under paragraph number 7 herein. 11. The Escrow Agent shall not be required to deposit the sanie in any interest bearing or income producing account unless otherwise specified herein and sliall not in any way be liable to ally of the other parties to the escrow agreement for the payment of interest upon said funds for the period for which they are held by the Escrow Agent. All funds received iii the Escrow shall be deposited with other escrow funds in a general account or accounts of Escrow Agent with any State or National Bank and may be transferred to any other such general escrow account or accounts, It is intended that the provisions hereof shall supersede any other terms, conditions, covenants or provisions contained in the Escrow Agreement which expressly or by implications are in conflict lierewitli. 12. The provisions of these instructions shall be binding upon the legal representalives, heirs, successors and assigns ofthe parties hereto. Please Initial Order Number: Escrow Agreement - Exhibit A - General Provisions Page 1 of 1 Recently Completed Incoming Wire Bank Name: US Bank Account Code: USBCO Account Number: 153910695078 Banked Date: 10/2/2013 3:01:00 PM Escrow Unit: 301 Amount: 500000.00 OBI Reference: ATTN. MARCIA POUTOUS ESCROW #01330-31883 IMAD: 2 Wire ID: 131002026368 Customer Reference: Addendum: PAR NUMBER: 131002026368,FED REF: 000059,DATE/TIME RECEIVED: 10/02/2013 02:55:58 PM,ORIGINATOR: D71330929 ASPEN CORE VENTURES LLC 418 E COOPER AVE SUITE 207 AS,PEN CO 81611,SENDING BANK: ANB DENVER CO,RECEIVING BANK: 123000848,BENEFICIARY: /153910695078 STEWART TITLE,OR]GINATOR TO BENEFICIARY INFO: ATTN. MARCIA POUTOUS ESCROW #01330-31883,IMAD: 20131002LILFBU2Â£000059, File Number: 01330-31883 ~ ilt:IlÂ¥]11:rnll:illl -Sample Dinner Menu- to e.tr. C 17 uy RAW BAR ' (Whfv~ fkovn T dquit,t 41 201 49/ 5 Classic Shrimp Cocktail, 4 pc $17 1 1 East & West Coast Oysters, M dozen $19 r " Scallop Crudo, citrus, sea beans $16 , W.Â¥ 4 014 US Chef's Garden Crudo $12 -1 APPETIZERS & MARKET SALADS Crispy Calamari, Annie's Marinara $14 Crab Cake, remoulade, farm greens $17 Hand Chopped Steak Tartare, crostini $19/$27 Chopped Salad, eat it with a spoon $15 Wedge Salad, crtame fraiche, herbs $14 Baby Beets, goat cheese, balsamic $13 PASTA Spaghetti, sweet shrimp, day boat scallops, tomato $29 Cavatelli, Bolognese $24 Risotto, wild wild west mushrooms $26 FROM THE GRILL | Annie's Burger, like the good old days $19 Jasmine Rice Vegetable Burger, pickled beets $18 1 Ahi Tuna Burger, avocado relish $21 I ENTREES I Scottish Salmon, lemon, herbs $25 1 Rocky Mountain Trout, pine nuts, grapes $28 Roasted Chicken, root vegetables, natural jus $26 Colorado Lamb Chops, Tuscan kale $31 Whey-Good Pork Chop, cranberry jam $29 1 Aspen Ranch Sirloin, bordelaise $35 Bone-in Cowboy Rib Eye, for two $72 SIDES 1 Hand Cut Fries $9 Classic Cole Slaw $8 Truffle Mac & Cheese $11 Brussels Sprouts $12 Fingerling Potatoes $10 Farm Vegetables $12 Crispy Onion Rings $10 Wild Wild West M ushrooms $14 WEEKLY FAVORITES MONDAY: Rocky Mountain Chili $21 FRIDAY: BBQ Chicken $26 TUESDAY: Pearl Onion Beef Stew $25 SATURDAY: Baby Pork Ribs $29 WEDNESDAY: Spaghetti and Meatballs $27 SUNDAY: Minestrone Soup $15 THURSDAY: Fried Chicken $26 Residential Units: 2 units Minimum Off-Street Parking Spaces: 3 spaces Minor adjustments to the dimensions represented above may occur upon review of a building permit as long as the resulting dimensions do not exceed those approved through this ordinance. Decks are approved as shown in the plans attached as Exhibit A dated February 13,2012. If an application is submitted by the owner, the residential floor area and residential net livable area described above for Unit 1 may be divided into two units through an administrative approval by the Community Development Director. The residential floor area and residential net livable area described above may not be increased without approval by City Council. Growth Management mitigation for the third free market residential unit is required and shall be in the form of a cash in lieu payment calculated at the time of building permit submittal for the third unit. Section 7: Affordable Restaurant Deed Restriction: The site currently occupied by Little Annie's Restaurant (the "Restaurant Site") shall be restricted in perpetuity by a deed restriction approved by the city Attorney and thereafter recorded . with the Clerk and Recorder' s Office of Pitkin County so that the Restaurant Site may be used only for the operation of a "low-priced restaurant" (as hereinafter defined). Future rent for the Restaurant Site shall not exceed rent for the current year, as adjusted each calendar year thereafter by an amount equal to the percentage increase, ifany, in the CPI-U, U.S. City Average, All Items, (1982-84=100) Consumer Price Index (the "CPI"), over the CPI in effect for the month and year of the effective date of this ordinance. For purposes of this paragraph, the term "low- priced restaurant" means a restaurant offering menu items priced not more expensively, on a relative basis when compared to other sit down restaurants in Aspen, Colorado, than the current menu prices. A copy of the current menu prices at the Restaurant Site shall be kept and maintained by the City of Aspen Community Development Department which shall constitute conclusive evidence of the current menu prices, Any other uses, including other uses allowed in the CC Zone District as a matter of right, or any greater increases in rent shall be permitted only upon the agreement of the Owner and the City. The deed restriction shall be recorded prior to granting a certificate of occupancy for the mixed use addition. The applicant shall make a reasonable good faith effort to find a tenant for the space. Section 8: Impact and Development Fees: Public Amenity Space The open space in front of the Benton Building qualifies as Public Amenity space and meets a portion of the requirement. Pursuant to Land Use Code Subsection 26.575.030.c.2, Public Amenity, the Applicant commits to provide the remaining 7.3% of the public amenity requirement off-site through the completion of a pedestrian improvement plan. The pedestrian improvement plan shall provide extensive improvements to the Hyman and Hunter Streets right-of-ways and is subject to approval by the Parks, Community Development and Engineering Departments. The improvements shall be installed at the cost of the Applicant and shall be in addition to the basic street, curb, gutter, sidewalk and landscaping improvements required under the Municipal Code. 5 17 and 521 E. Hyman Avenue Ordinance #5, Series of 2012 Page 8 of 15 COMMERCIAL LEASE (NNN) THIS LEASE is made as of the 28th day of October, 2013, by and between Aspen Core Ventures, LLC, a Colorado limited liability company ("Landlord") and S.S. Skippa Cord, Inc., a Colorado corporation ("Tenant"). Landlord and Tenant are sometimes each referred to as a "Partv" and collectively as the "Parties". For and in consideration of the rents, covenants and agreements herein contained, Landlord and Tenant hereby agree as follows: 1. LEASED PREMISES. OPERATION OF RESTAURANT: FFE AND LINE OF CREDIT. (a) Description of the Premises. Landlord is the owner of certain real estate legally described as City and Townsite of Aspen, Block 95, Lot E (consisting of approximately 3,000 square feet of land) in Pitkin County, Colorado (the "Real Estate"). The Real Estate is improved with a restaurant (the "Restaurant") of approximately 2,460 square feet (the "Improvements;" together with the Real Estate may be collectively referred to as the "Propertv"). Landlord hereby leases to Tenant, and Tenant hereby rents from Landlord, the Property in its entirety (referred to as the "Premises"): Address is 517 E. Hyman Avenue, Aspen. Colorado 81611 consisting of: approximately 3,000 square feet of land and approximately 2,460 square feet of improvements. There is no parking associated with the Premises. (b) Premises Accepted AS-IS. Tenant shall accept the Premises in its "as is" condition that existed on the date of mutual execution of the Lease, without any representations or warranties of habitability or fitness for a particular purpose. (c) Operation o f the Restaurant and FFE. Tenant and Landlord acknowledge that the Premises was formerly occupied by a tenant called Little Annie's Restaurant, LLC ("Former Tenant"). Certain employees of Fonner Tenant have formed a new entity, which is the Tenant hereunder, to operate the Restaurant through and until April 1,2014, at which time the Property will be redeveloped by Landlord. The Parties hereto further acknowledge that in connection with Former Tenant failing to timely pay applicable state and local sales taxes, the Property was seized by the State of Colorado and the furniture, fixtures and equipment ("FFE") related to the Restaurant and the Property were sold pursuant to an auction that took place on October 29, 2013. Landlord purchased all of the FFE at said auction. As a result, Landlord is the owner of all of the FFE and Tenant has no ownership or other interest in the FFE. Tenant represent and warrants to Landlord that Tenant shall timely pay any and all taxes owed by Tenant to any applicable governing authority, including without limitation, any sales and use taxes. Tenant agrees that the foregoing representation and warranty is a material inducement for Landlord to enter into this Lease. F Tenant fails to timely pay any such sales and/or use taxes, such failure shall be an event of default under the Lease and Landlord shall have at! rights and remedies under the Lease. including without limitation the right to immediately terminate the Lease upon written notice to Tenant. (d) Line of Credit. In an effort to assist Tenant with getting the Restaurant open again. Landlord hereby agrees to extend a line of credit to Tenant for working capital in an amount not to exceed Fifty Thousand Dollars ($50,000.00) (the "Line of Credit"). Any amounts advanced under the Line of Credit shall be paid back to Landlord in accordance with the provisions of Section 4(b) below; provided, however, if not sooner paid, the entire principal amount outstanding, shall be due and payable on April 1,2014 (the "Maturity Date"). Tenant agrees that if Tenant desires to draw an amount under the Line of Credit, Tenant shall provide notice to Pyramid Property Advisors ("Pyramid") and Pyramid shall determine if such draw request shall be granted or denied. If approved. Pyramid will work to get the draw request funded from Landlord to Tenant. This loan is a non-revolving line of credit. Once the total amount of advances equals $50,000.00, no further advances shall be permitted. Each request of Tenant for an advance under the Line of Credit shall be discretionary on the part of Pyramid and Landlord and they shall have the right to refuse to advance funds for any reason in their sole discretion, inclu:ding but not limited to, the then-current creditworthiness of Tenant, the proposed use of the funds, and the availability of Landlord's funds, 2. NO SECURITY DEPOSIT. There is no security deposit in connection with this Lease. 3. TERM. 1 (a) The term ("Term") of this Lease shall begin on the Commencement Date, as defined below, and expire on the Expiration Date, as defined below. "Lease Year" shall include twelve (12) full calendar months. If the Term of this Lease shall end prior to the last day of a Lease Year as defined above, the final Lease Year hereunder shall be deemed to end on the day the Term ofthis Lease ends. (b) Commencement Date. The "Commencement Date" shall be October 30,2013. (c) Expiration Date. The "Expiration Date" of the Term shall be April 1,2014, provided that the Lease has not sooner terminated as provided herein. (d) Rent Commencement Date. The "Rent Commencement Date" shall be December ],2013. As of the Rent Commencement Date, Tenant shall pay: Base Rent (as defined under Section 4(a) below), Additional Rent (as defined under Section 4(c) below) and Tenant's 100% Proportionate Share of Operating Costs (as defined under Section 6 below). The term -Rent" when used herein shall, unless the context requires otherwise, includes, Base Rent, repayment of the Line of Credit, Additional Rent and Operating Expenses. All Rent shall be paid to Landlord at the address to which notices to Landlord are given. 4. RENT. (a) Base Rent. The"Base Rent"payable by lenant duringthe Termofthe Lease shall bc ($ 114.000.00) annually payable for the convenience of Tenant in equal monthly installments of Nine 'Iliousand Five Hundred and No/100 Dollars ($9,500.00), Each monthly installment of Base Rent is payable by Tenant on the first day of each calendar month without notice. Tenant shall receive free rent for November 1, 2013 so Tenant's first payment of Base Rent shall be December 1, 2013. (b) Repayment of Line or Credit; Tenant Records; Monthly Reporting. (i) Records. Tenant shall keep full, complete and proper books, records and accounts (collectively, the "Records") of its daily Gross Sales, both for cash and on credit, either in hard copy or electronic format, so long as such Records can be easily accessed and audited by Landlord. Such Records shall be prepared, preserved and maintained in accordance with basic accounting principles and shall include without limitation: (i) daily dated, sealed, and continuous cash register tapes, computer records, or other method of recording sequentially numbered purchases and keeping a cumulative totat (ii) serially numbered sales slips; (iii) settlement report sheets of transactions with subtenants, concessionaires and licensees; (iv) bank statements; (v) general ledger or summary record of all receipts and disbursements from operations in, at or from the Premises; (vi) state and local sales and use tax returns relating to the Gross Sales at the Premises only; and (vii) such other records as would normally be kept pursuant to generally accepted accounting principles or as Landlord may reasonably require in order to determine Gross Sales hereunder. All records shall be maintained by Tenant on the Premises, or at Tenant's office in Aspen, Colorado. (ii) Monthly Reportine and Meetings with Pvramid. On each of the 5th and 20th day of each month during the Term, Tenant and Pyramid (as agent of Landlord) shall meet to review the Tenant's Records, including without limitation, information pertaining to payment of sales and use taxes, financial statements of Tenant, information related to Tenant's profits and such other information as may be requested by Pyramid and/or Landlord. Pyramid shall report any unpaid sales or use taxes to Landlord. Pyramid shall also assess whether, after making necessary payments to employees, vendors and such other payments that are necessary for the operation of the Restaurant, Tenant has any excess proceeds available to repay all or a portion of the Line of Credit. th (iii) Repavment of Line of Credit. No later than the 28 day of each month ofthe Lease Term, based on the recommendation of Pyramid, Landlord shall determine in its reasonable discretion the amount that Tenant has available in excess proceeds to pay back all or a portion of the Line of Credit (the "Repavment Amount"). Tenant shall pay such Repayment Amount to Landlord on the 1 St day of the following month such that any Repayment Amount that may be due shall be paid at the same time as Base Rent. ff not sooner paid, any outstanding unpaid portion of the Letter of Credit shall be due and payable on the Maturity Date of April 1,2014. 2 (c) Additional Rent. Commencing on December 1,2013, in addition to Base Rent, Tenant shall pay Landlord those charges, with respect to Operating Expenses, determined pursuant to Section 6 below, and any other sums as are required by the terms of this Lease to be paid by Tenant. Any such charges or sums, including without limitation repayment of the Line of Credit, shall be deemed to be additional rent ("Additional Rent") and shall be payable in the manner provided for the payment of Base Rent and shall be recoverable as Rent, and Landlord shall have all rights against Tenant for default in payment thereof as in the case of arrears of Rent. (d) Provisions Generally Applicable to Rent: Late Charge and Interest. All Base Rent and Additional Rent shall be paid when due without notice, demand, set-offor deduction, in lawful money of the United States of America, at the address of Landlord set forth in Section 33 or at such other place as Landlord may from time to time designate in writing. Tenant acknowledges that late payment by Tenant to Landlord of Base Rent, Additional Rent or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Accordingly, Landlord shall be entitled to assess a late fee for any overdue payment in the amount equal to five percent (5%) of the overdue amount, or the amount o f one hundred dollars ($100.00), whichever is greater. The parties agree that such late charges represent a fair and reasonable estimate of the cost that Landlord will incur by reason of the late payment by Tenant and acceptance of such late charges by Landlord shall in no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In addition to the late charge, all Base Rent and Additional Rent not paid before the expiration of the fifteenth (15th) day of the applicable calendar month shall bear interest from the date first due until paid at the Applicable Interest Rate (as defined under Section 27(0 below). 5. USE OF PREMISES: CONDUCT OF BUSINESS. (a) Permitted Use; Liquor License. Tenant agrees to use and occupy the Premises only for conducting the business of a restaurant and bar (hereinafter referred to as the "Permitted Business"). Tenant shall be solely responsible for obtaining a liquor license for the Premises, as well as renewing such license as required by applicable law. Tenant shall pay all fees, costs, taxes and expenses in connection with said liquor license. Landlord shall render all cooperation required by law to facilitate Tenant's efforts to obtain or renew said license. No failure by Tenant to obtain a liquor license shall be grounds for Tenant to terminate this Lease; provided, however, in the event Tenant fails to renew or otherwise keep in effect the liquor license, then Landlord shall have the right to terminate the Lease upon written notice to Tenant. Furthermore, Tenant shall apply for, secure and maintain and comply with all licenses or permits which may be required for the conduct by Tenant of its restaurant business located at the Premises and to pay, as and when due, all licenses or permit fues and charges of a similar nature in connection therewith. (b) Condition and Performance Standard. Tenant shall keep the Premises in a neat, clean, safe and sanitary condition at al] times. (c) Continuous Operations. Tenant shall continuously, actively and diligently operate the Permitted Business in the Premises during the Term. (d) Signs and Advertising, (i) Signs. Tenant shall not install, place, inscribe, paint or otherwise attach and shall not permit any sign, advertisement, notice, marquee or awning on any part of the outside of the Premises or on any part of the inside of the Premises which is visible from outside of the Premises or on any part of the Property (including the outside walls and the roof). without the prior written consent of Landlord in each instance, which consent pertains to all aspects of such signage including without limitation design, dimensions and location. Any permitted sign shall comply with the requirements of any governmental authorities and Tenant shall be solely responsible for such compliance. Tenant shall pay all costs fur the signage including any fees or charges to obtain the necessary permits or approvals. Additionally, Tenant shail, at its own expense, maintain in first-class condition all permitted signs and shall, on the expiration or termination of this Lease, and at its own expense, if requested by Landlord, remove all such permitted signs and repair any damage caused by such removal. Landlord shall have the right to remove all non-permitted signs without notice to Tenant and at the expense of Tenant. Tenant's obligation under this Paragraph shall survive the expiration or termination of this Lease. Tenant shall not install, Ilse or permit on or 3 about the Premises any advertising medium that may be heard or seen outside the Premises, such as flashing lights, searchlights, loudspeakers, phonographs or radios, without the prior written consent of Landlord in each instance; provided, however, Tenant may cause music to be played so long as such music does not unreasonably interfere with or disturb neighboring property owners and/or their tenants. (ii) Advertising. Landlord shall have the right to prohibit any advertising by Tenant which, in Landlord's reasonable opinion, is offensive, or which tends to impair the reputation of the Premi:ses or the Property, and upon notice from Landlord, Tenant shall refrain from or discontinue such advertising or marketing efforts. (e) Compliance with Laws and Applicable Regulations. Tenant shall use the Premises in a careful, safe and proper manner and shall not use or permit the Premises to be used for any purposes prohibited by any law, statute, code, ordinance or rule, regulation, direction, requirement or order of all governmental agencies, offices, departments, bureaus and boards having jurisdiction, zoning regulation or rule now in force or which may hereafter be enacted or promulgated and applicable to the Premises, Property and the operation of Tenant's restaurant business (collectively, "Laws"), including without limitation such Laws relating to the sale of food and food products and governmental standards of health and cleanliness. Tenant shall, at its sole cost and expense, promptly comply with all Laws, and with the requirements of any board of fire insurance underwriters or other similar bodies now or hereafter constituted, relating to, or affecting the condition. use or occupancy of the Premises. Tenant shall not use or suffer or permit all or any part of the Premises to be used in any illegal, unethical, obscene or offensive manner. Tenant shall neither do nor permit to be done any act or thing upon the Premises which shall or would foreseeably subject Landlord to any liability or responsibility for injury to any person or persons or for damage to property by reason of any business or operation carried on at. from or upon or near the Premises. In the event that any authorized agent shall hereafter at any time, contend or declare by notice, violation, order or in any other manner whatsoever that the Premises are being used for a purpose which is a violation of any permit, certificate of occupancy, statute, ordinance or other requirement of law applicable to the Premises, or if Landlord gives notice of Tenant's violation of any rules or regulations applicable to the Premises, Tenant shall cure such violation within five (5) days of such notice (or such other period of time as may be provided in such notice or allowed by law). (f) Other Premises. lenant shall not use or permit the Premises to be used (whether by Tenant's employees, servants, agents, representatives, contractors, suppliers, invitees, customers or any other person claiming the right to use the same through or under Tenant) in any manner that shall interfere with or disturb the use and enjoyment of any other property or building near the Premises by any owner, tenant or occupant thereof or any of their respective employees, servants, agents, representatives, contractors, suppliers, invitecs and customers or any other person, whether on account of noise, trash. odors, intoxicated patrons or otherwise. (g) Hazardous Materials. Tenant shall not knowingly or unknowingly cause or permit any Hazardous Material (hereinafter defined) to escape, be used, stored, generated, discharged, used or disposed o f on, in or about the Premises or the Property without obtaining Landtord's prior written consent. Without limiting the foregoing, Tenant shall comply with all applicable environmental laws and permitting requirements impacting the operations of Tenant on the Premises. If the Premises, the Property, any land other than the Property, the atmosphere, or any water or waterway (including groundwater) become contaminated in any manner as a result of any breach of the foregoing covenants or any act or omission of Tenant or any of its agents, employees or contractors, Tenant shall defend and indemnify Landlord and its officers, directors, shareholders, partners, joint venturers, members, agents, employees, contractors and representatives (collectively, the "Landlord Parties") against and hold Landlord and the Landlord Parties harmless from and against any and al! liabilities, damages, losses, demands, claims, fines, judgments, penalties, costs and expenses (including attorneys', consultants' and experts' fees) obligations, liens, actions, causes of action and lawsuits (herein collectively "Liabilities"), which Liabilities include, without limitation, diminution in value of the Premises or the Property and damages arising from any adverse impact on marketing space in the Property arising as a result of such contamination. This indemnification includes, without limitation, any and all costs incurred due to investigation of the site or any cleanup, removal or restoration mandated by federal, state or local agency or political subdivision. Without limitation of the foregoing, i f Tenant causes or permits the presence of any Hazardous Material on, in or about the Premises or the Property that results in contamination. Tenant, at its sole expense, shall complete all required clean up, removal and remediation to return the Premises and the Property to the condition existing prior lo the introduction of any such Hazardous Material(s) to the Premises or the Property. Tenant shall first obtain Landlord's 4 approval for any such remedial action. Notwithstanding the foregoing, this indemnification shall only apply to contamination by Hazardous Materials resulting from the occupancy, use and operation of the Premises by Tenant, its agents, employees and contractors. Nothing herein contained shall be held to indemnify Landlord from liability or to create any liability on Tenant for Hazardous Materials contamination resulting from Landlord's ownership, use or operation of the Property. As used in this Lease, "Hazardous Material(,)" means any substance: (i) the presence of which requires investigation or remediation under any federal, state or local statute, regulation, ordinance. order, action, policy or common law; or (ii) which is or becomes defined as a "hazardous waste", "hazardous substance", "hazardous materials", 'Noxic substances", pollutant, or contaminant under any federal, state, or local statue, regulation, rule, or ordinance or amendments thereto including, without limitation, the Federal Water Pollution Control Act (33 U.S.C. Section 1251, et seq.), Resource Conversation & Recovery Act (42 U.S.C. Section 6901 et seq.), Safe Drinking Water Act (42 U.S.C. Section 300(f) et. seq.), Toxic Substances Control Act (15 U,S.C, Section 2601 et seq.), the Clean Air Act (42 U.S.C. Section 740] et seq.), Comprehensive Environmental Response of Compensation and Liability Act (42 U.S.C. Section 9601 et seq.), and other comparable state laws relating to industrial hygiene, environmental pro:tection or the use, analysis, generation, manufacture, storage, disposal or transportation of Hazardous Materials; or (iii) which is toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic, or otherwise hazardous and is or becomes regulated by any governmental authority, agency, department, commission, board, agency, or instrumentality of the United States, the State of Colorado or any political subdivision thereof. 6. OPERATING EXPENSES, During the Lease Term, Tenant shall pay to Landlord as Additional Rent Tenant's monthly share ofthe Operating Costs (defined below) for the Property. For the current Lease Year (2013), Tenant's monthly share of Operating Costs is estimated at $2,640.96 per month. Tenant's monthly "Proportionate Share" of such Operating Costs shall be 100%. (a) "Operating Costs" Defined, The term "Operating Costs", as used herein, shall be deemed to include, without limitation, one hundred percent (100%) of any utilities costs (as further defined under Section 20 of the Lease), common area operation and maintenance costs of the Property ("CAM Costs"), tax (as further defined under Section 19 of the Lease) and Landlord's insurance costs (as further defined under Section 17 of the Lease). CAM Costs are al! expenditures made by Landlord to operate and maintain the Property, including but not limited to, management and accounting fees, utilities. repairs, replacement costs (due to ordinary and extraordinary wear and tear or catastrophe), trash and snow/ice removal, landscaping and lawn maintenance, painting, sign installation and maintenance, repair and replacement of utility systems, depreciation of machinery and equipment used in such repair and replacement, and cost of all personnel to implement such services. The foregoing list of items is provided for illustrative purposes only and shall not be deemed a full, complete, or exhaustive list of all possible CAM Costs. 7. ALTERATIONS. No work shall be performed or improvements or alterations to the Premises made by Tenant, without first obtaining the prior, written consent of Landlord to any such work, improvements or alterations. Tenant understands that such consent will be conditioned upon compliance with Landlord's requirements as in effect at the time permission is requested, which requirements will include, but not be limited to, Landlord's approval of plans, specifications, contractors, insurance and hours of construction and design. Approval of any improvements or work plans by Landlord shall not constitute the assumption of any responsibility by Landlord for their accuracy, sufficiency, or compliance with applicable codes, regulations, rules or design standards and Tenant shall be solely responsible for obtaining ally other approvals necessary. Tenant represents and warrants that any work performed by Tenant shall be in full compliance with all governing rules, regulations, codes, and restrictions, including, but not limited to, any imposed by Landlord or applicable municipality. 8. MAINTENANCE AND REPAIRS. (a) Landlord Obligations. The Landlord shall arrange for the maintenance or repair ofthe following: 5 (i) Maintenance and repair of the structural parts ofthe Building, which structural parts include only foundations, bearing and exterior Walls excluding glass and doors, subflooring and roof; and (ii) Maintenace and repair of window frames, gutters and down spouts on the Building. Notwithstandinv anvihing to the contrary herein, ati costs and expenses associated with the above referenced Landlord maintenance and repair oblistations shall be included in Operatinsz Costs. (b) Tenant's Obligations. Tenant, at its sole cost and expense, shall during the Term, keep the Premises clean, and maintain in good and clean condition, and maintain repair all other parts of the Premises not required to be maintained by Landlord. Without limiting the generality of the foregoing, Tenant shall provide for regular maintenance and repair of all building systems. including without limitation any plumbing, electrical, heating or other such systems located in and servicing the Premises. Tenant shal] permit no waste, damage or injury to the Premises. Tenant, at its sole cost and expense, shall keep the exterior and interior of all windows, including the glass in any doors of the Premises, clean and, in the event any such windows or glass in doors is cracked or broken, shall forthwith, at lenant's own expense, replace all such glass with glass of the same quality. In addition, Tenant shall be responsible, at its cost and expense, for providing an area for the storage of trash or rubbish within Tenant's Premises or for depositing its trash or rubbish in trash receptacles provided by the City of Aspen. 9. LANDLORD'S RIGHT OF ENTRY. Except for emergency situations, in which case Landlord and its agents may enter the Premises without prior notice to Tenant, Landlord and its agents shall have the right to enter the Premises at any time upon reasonable advance notice to Tenant during business hours, to examine the Premises, to show the Premises to prospective purchasers, mortgagees, lesson or lessees, and to make and perform such repairs and improvements as Landlord may be required to perform under this Lease or as Landlord may deem necessary or desirable for the safety, improvement or preservation of the Premises or of other portions of the Property owned or controlled by Landlord. and Landlord shall be allowed to bring upon the Premises all necessary materials, supplies and equipment, without the same constituting an eviction of Tenant in whole or in part or entitling Tenant to any abatement of rent or damages, by reason of inconvenience, annoyance, disturbance, loss or interruption of business, or otherwise, and without the same affecting Tenant' s obligations under this Lease in any manner whatsoever. Notwithstanding the foregoing, Landiord will use reasonable efforts not to interfere with Tenant's business operations in the performance of Landlord's obligations set forth herein. lf Tenant shall not be personally present to permit an entry into the Premises, at any time when for any reason an entry therein shall be necessary or permissible, Landlord or Landlord's agents may enter the Premises by use of a master key, or may forcibly enter the Premises, without rendering Landlord or its agents liable for such entry (provided that during such entry Landlord or its agents shall accord reasonable care to Tenant' s properly), and without in any manner affecting the obligations and covenants of this Lease except as otherwise provided herein. Nothing herein contained, however, shall be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever, for the care, supervision or repair of the Property, or any part thereof, other than as herein provided. 10. NO MECHANIC'S LIENS. Tenant shall pay or cause to be paid all costs for work done by it or caused to be done by it in or to the Premises or the Property and Tenant shall keep the Premises, including any improvements, additions or other construction made by or for Tenant or at Tenant's direction in or to the Premises or Property or against any equipment or fixtures installed by Tenant therein, free and clear of at] mechanic's or materialmen's liens and other liens on account of work done for Tenant or persons claiming under it. Should any such liens be filed or recorded against the Premises or Property or any action affecting the title thereto be commenced, Tenant shall give Landlord written notice thereof. Tenant shall thereafter cause such liens to be removed of record within fifteen (15) days after the filing of the liens, except that if Tenant shall desire to contest any claim of lien, it shall furnish Landlord with security satisfactory to Landlord of at least one hundred fifty percent (150%) of the amount of the claim, plus estimated costs and interest at the Applicable Interest Rate. Ifa final judgment establishing the validity or existence of a lien for any amount is entered, Tenant shall pay and satisfy the same at once. In the event of Tenant's failure to release of record any such lien within the aforesaid period, Landlord may remove said lien by paying the full amount thereof, and irrespective of the fact that Tenant may contest the propriety or the amount thereof, and Tenant, upon demand, shall pay Landlord the amount so paid by Landlord in connection with the discharge of said lien, together with interest thereon at the Applicable Interest Rate and reasonable expenses incurred in connection therewith, including reasonable attorney's fees. which amounts are due and payable in full to 6 Landlord as Additional Rent on the first day of the next following month. Nothing contained in this Lease shall be construed as any consent on the part of Landlord to subject Landlord's estate in the Premises or the Property to any lien or liability under the lien laws of the State of Colorado Tenant's obligation to observe and perform any of the provisions of this Section 10 shall survive the expiration of the Lease or the earlier termination ofthis Lease. 11. NET LEASE; NON-TERMINATION. (a) Net Lease. This Lease is a net lease and except as expressly provided herein, Rent and Additional Rent shall be paid without notice, demand, counterclaim, setoff, recoupment. deduction or defense, and without abatement, suspension, deferment, diminution or reduction. It is the purpose and intent of Landlord and Tenant that, except as expressly provided herein, Rent and Additional Rent shall be absolutely net to Landlord, so that this Lease shall yield, net, to Landlord, Base Rent specified in Section 4(a) and Additional Rent specified in Section 4(c) hereof throughout the Term, and that all costs, expenses and obligations of every kind and nature whatsoever relating to the Premises which may arise and become due as specified in Section 4(c) (including without limitation Operating Expenses and repayment of the Line of Credit) or elsewhere herein during the Term shall be paid by Tenant, and that Landlord shall be indemnified and saved harmless by Tenant from and against the same. The foregoing to the contrary notwithstanding, Tenant is specifically authorized to set off against Rent and Additional Rent any judgment award it may have against Landlord. (b) Non-Termination. Except as otherwise expressly provided in this Lease, this Lease shall not terminate nor shall Tenant have any right to terminate this Lease or be entitled to the abatement of any Rent or Additional Rent hereunder or any reduction thereof, nor shall the obligations of Tenant under this Lease be otherwise affected, by reason of (a) any damage to or destruction of all or any portion of the Premises from whatever cause, (b) the prohibition, limitation or restriction of or interference with Tenant's use of all or any portion of the Premises, (c) the failure on the part of Landlord to perform or comply with any term, provision or covenant of this Lease or any other agreement to which Landlord and Tenant may be parties, :(d) any claim which Tenant has or might have against Landlord, or (e) for any other cause, whether similar or dissimilar to the foregoing. Except as otherwise expressly provided in this Lease, Tenant waives all rights now or hereafter conferred by statute or otherwise to quit, terminate or surrender this Lease or the leasehold estate in the Premises or any part thereof, and to any abatement, recoupment, suspension, deferment, diminution or reduction of Rent and Additional Rent. 12. Intentionally Deleted. 13. CASUALTY. (a) Rent Reduction. In the event of fire or other casualty to the Premises of such nature and extent as to interfere with (but not prevent) the use of the Premises by Tenant, the rent payable by Tenant hereunder for the period commencing on the date on which Tenant gives Landlord written notice o f such damage and ending on the date on which restoration of the Premises is completed shall be abated in proportion to which the floor space rendered unusable bears to the floor space leased by Tenant prior to such damage, unless such damage was caused by the negligent or intentional actions of Tenant, in which case Tenant's rental obligations shall continue unabated. If any repair and restoration which is commenced is not complete within ninety (90) days after such damage, Tenant may cancel this Lease by giving Landlord notice of its election to do so. (b) Total Casualty. if the damage is of such nature and extent as to prevent the use of the Premises by Tenant, unless such damage was caused by the negligent or intentional actions of Tenant, Tenant's liability for rent hereunder shall cease to accrue as of the date on which Tenant gives Landlord notice of such damage, and this Lease shall automatically terminate thirty (30) days after Tenant's notice. 14. EMINENT DOMAIN. Where the Premises have been taken due to condemnation, the Term of this Lease shall cease and terminate upon the date that possession of the Premises is taken by the authority. Rent and Additional Rent shall be prorated and payable up to the time of cessation of the Term. The total award, compensation, damages or consideration received or receivable as a result of a taking (the "Award") shall be paid to and be the property of Landlord, whether the Award shall be made as compensation for diminution of the value of the leasehold or the fee of the Premises or otherwise, and Tenant hereby assigns to Landiord, all of Tenant's right, title and interest in and to any such Award. Tenant covenants and agrees to execute, immediately upon demand by 7 Landlord, such documents as may be necessary to facilitate collection by Landlord of any such Awarei. Without limiting the foregoing, Tenant shall have the right to file a separate claim and recover from the condemning authority, but not from Landlord, such compensation as may be recoverable by Tenant on account of any and all damage to Tenant's business by reason of the Taking or on account of any of Tenant's moving expenses, or any taking of Tenant's personal property (if any), to the extent that such compensation does not reduce the Award to which Landlord is entitled. 15. ASSIGNMENT AND SUBLETTING. Tenant shall not assign, convey, mortgage, hypothecate or encumber this Lease or any interest herein or sublet all or any part of the Premises, or suffer or permit the Premises or any part thereof to be used by others at any time during the Tenn hereof without the prior written consent of Landtord, which consent may be granted or denied in Landlord's sole and absolute discretion. Landlord, at any time and from time to time, may make an assignment of its interest in this Lease and, in the event of such assignment, Landlord and its successors and assigns (other than the assignee of Landlord's interest in this Lease) shall be released from any and all liability thereafter accruing hereunder; provided, however, that Landlord's assignee assumes any and all liability accruing hereunder, as ofthe effective date of such assignment. 16. TENANT'S INSURANCE. (a) Classes of Insurance. At all times during the Term of this Lease, Tenant shall carry and maintain, at Tenant's sole cost and expense, the following insurance, in the amounts specified below or such other amounts as Landlord shall from time to time reasonably request, with insurance companies and on furms reasonably satisfactory to Landlord: (i) Commercial general liability insurance, including coverage for bodily injury. property damage (including. but not limited to, coverage for any construction on or about the Premises), death and personal injury (employee and contractual liability exclusions deleted), with limits of not less than $ 1,000,000.00 per occurrence for bodily injury, death and/or property damage and not less than $2,000,000.00 aggregate for any one policy period. All such insurance shall specifically insure performance by Tenant of any indemnity agreements contained in this Lease, including without limitation Tenant's indemnity as to liability for death of or injury to persons and property damage set forth in Section 18 hereof. (b) Requirements for Tenant's Policies. All policies of insurance provided for in Sections 16(a)(i)- (v) shall be written by companies of recognized financ ial standing with an "A" rating from Best or otherwise acceptable to Landlord which are authorized to do business in the State of Colorado and shall name Landlord and such other persons or firms as Landlord specifies from time to time as additional insureds. A fuxed binder and certificates of insurance will be submitted to Landiord as proof of insurance prior to occupancy and all renewal certificates shall be provided not less than fifteen (15) days before each policy's renewal. Tenant shall provide a certified copy of the insurance policies required herein within ten ( 10) days of Landlord's request. Tenant's failure to provide said policy manuscripts or certificates of insurance as required herein shall be deemed a default under this Lease, and Landlord shall be entitled to exercise all rights and remedies available hereunder. All comprehensive general liability insurance policies shall contain a provision that Landlord, although named as additional insured, shall nevertheless be entitled to recover under such policies for any loss occasioned to either of them, their servants, agents and employees notwithstanding any negligence of Tenant. All such policies shall provide that they may not be terminated or amended except after thirty (30) days' written notice thereof to Landlord. All public liability, property damage and other casualty policies shall be written as primary policies, not contributing with and not in addition to coverage that Landlord may carry. Tenant may obtain the insurance required hereunder by endorsement on its blanket insurance policies, provided that said policies fulfill the requirements of this Paragraph, said policies reference the Premises, and that Landlord receives satisfactory written proof of coverage. (c) Additional Requirements Regarding Restaurant Operation and Liquor License. Tenant shall install chemical extinguishing devices (such as ANSUL) approved by Underwriters Laboratories (UL-300 standards or better), and the installation thereof must be approved by the appropriate local authority. Tenant shall keep such devices under service as required by such organizations. If gas is used in the Premises, Tenant shall keep such devices under service as required by such organizations. 1 f gas is used in the Premises, Tenant shall install gas cut- off devices (manual and automatic). If Tenant obtains a liquor license for the Premises, the Parties agree as follows: (i) Tenant shall comply fully, faithfully and in every respect with all provisions of the Colorado liquor laws 8 applicable to operations of Tenant and the Premises; (ii) Tenant shall, at its own cost and expense, obtain and keep in full force and effect product liability insurance coverage, including without limitation, liquor liability coverage and coverage for liability arising out of the consumption of food and/or alcoholic beverages upon or obtained at the Premises, of not less than $1,000,000.00 per occurrence for bodily injury or death and $ 1,000,000.00 per occurrence in connection with claims for property damage which shall name Landlord as an additional insured; shall be issued by a company or companies auth:orized to do business in Colorado and reasonably acceptable to Landlord and a copy of said policy shall be delivered to Landlord, together with evidence of the payment of the premium therefor prior to first dispensing any alcoholic beverages from the Premises. Such insurance shall also contain a provision by which the insurer agrees that such policy may not be cancelled, modified to reduce the amount of insurance or modified to remove Landlord as an additional insured except after thirty (30) days' written notice to Landlord, (d) Waiver of Subrogation. Tenant and parties claiming under Tenant release and discharge each other from all claims and liabilities arising from or caused by any casualty or hazard covered or required hereunder to be covered in whole or in part by insurance on the Premises or in connection with property on or activities conducted on the Premises to the extent of such insurance coverage or required coverage, and waive any right of subrogation which might otherwise exist in or accrue to any person on account thereof to the extent of such insurance coverage or required coverage and evidence such waiver by endorsement to the required insurance policies. 17, LANDLORD'S INSURANCE. During the Lease Term, Land]ord shall carry insurance for fire, extended coverage, vandalism, malicious mischief and other endorsements deemed advisable by Landlord, insuring atl structural elements and all leasehold improvements thereon and appurtenances thereto for the full insurable value thereof, with such deductibles as Landlord deems advisable. Landlord shall also procure commercial general liability insurance on an "occurrence" basis, insuring Landlord against liability for injury to or death of a person or persons and for damage to property arising out of any construction work being done on the Property by or on behalf of Landlord or arising out of the condition, use or occupancy of the Property or arising out of the activities of Landlord, its agents, employees or contractors in, on or about the Property, on a combined single limits basis for both personal injury and property damage with minimum limits as Landlord shall determine in its discretion. Such insurance shall also extend to liability of Landlord arising out of its indemnities in this Lease. Landlord may also carry such other types o f insurance in form and amounts which Landlord shall determine to be appropriate from time to time. All policies of insurance provided for in Paragraph shall be written by companies of recognized financial standing with an "A" rating from Best which are authorized to do insurance business in the State of Colorado. All insurance costs incurred by Landlord shall be passed through to Tenant as part of Landlord' s Operating Costs as set forth under Section 6 hereinbefore. 18. INDEMNITY. (a) Indemnification and Hold Harmless. (i) Indemnification bv Tenant. Except where damages are the result of the gross negligence or intentional misconduct of Landlord, Tenant covenants and agrees to pay, defend, indemnify and save harmless Landlord from and against any and all Liabilities (defined under Section 5(g) hereinbefore) of any nature whatsoever based upon, arising from or connected in any manner with (A) injury to or the death of any person or damage to any property occurring on the Premises or the Property, (B) the use, non-use, condition, possession, construction, operation, maintenance, management or occupation of the Premises, Property, or any part thereof, (C) any negligence or intentional misconduct on the part of Tenant or its agents, contractors, servants, employees, licensees or invitees, or (D) the violation by Tenant of any term, condition or covenant of this Lease or of any contract, agreement, restriction, or regulation affecting the Premises, Property or any part thereof or the ownership, occupancy or use thereof. In the event any action or proceeding is brought against Landlord by reason of any such claim, Tenant shall, upon request, defend Landlord at Tenant's expense by counsel reasonably satisfactory to Landlord. (ii) Indemnification by Landlord. Except where damages are the result of the negligence or intentional misconduct of Tenant, Landlord covenants and agrees to pay, defend, indemnify and save harmless Tenant from and against any and all Liabilities of any nature whatsoever based upon, arising from or connected in 9 any manner with (A) any gross negligence or intentional misconduct on the part of Landlord or its agents, contractors, servants, employees. licensees or invitees in connection with the Premises or Property, or (B) the violation by Landlord of any term, condition or covenant of this L:ease or of any contract, agreement, restriction, or regulation affecting the Premises, Property or any part thereof or the ownership, occupancy or use thereo f. In the event any action or proceeding is brought against Tenant by reason of any such claim, Landtord shall, upon request, defend Tenant at 1.andlord's expense by counsel reasonably satisfactory to Tenant. 19. TAXES. Tenant shall pay as part of Operating Costs in the manner set forth in Section 6 its 100% share of all real property taxes and general and special assessments, including any special district, improvement district or parking district assessments (the "Real Property Taxes") levied and assessed against the Premises and the Property 20. SERVICES AND Ul'ILITIES. Tenant shall be responsible for all gas, electricity and other utility services to the Premises. Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction of rental by reason of the failure of any utilities required to be, without limitation, i f the failure is caused by accident, breakage, repairs, strikes, lockouts, or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, unless resulting from Landlord or Landlord Parties gross negligence or intentional acts. 21. END OF TERM. Upon the expiration or other termination of the Term of this Lease, Tenant shall promptly quit and surrender to Landlord the Premises, broom-clean. in good order and first-class condition, ordinary wear excepted, and deliver all keys relating to the Premises. Since Landlord owns all furniture, fixtures and equipment located at the Premises, Tenant shall not under any circumstances remove any such furniture, fixtures and equipment from the Premises. Tenant's obligation to observe and perform this covenant shall survive the expiration or other termination ofthis Lease. 22. HOLDING OVER. If Tenant holds over after the expiration or earlier termination of the Lease Term without the express written consent of Landlord, Tenant shall become a tenant at will or sufferance only, and otherwise upon the terms, covenants and conditions herein specified (including, without limitation, Base Rent and Additional Rent). Acceptance by Landlord of rent after such expiration or earlier termination shall not constitute Landlord's consent to any holdover hereunder or result in a renewal or extension. The furegoing provisions of this Section 22 are in addition to and do not affect Landlord's rights of re-entry or any other rights of Landlord hereunder or as otherwise provided by applicable Law. 23. ESTOPPEL, SUBORDINATION AND All'ORNMENT. (a) This Lease is subject and subordinate to all applicable federal, state, county, and municipal laws, ordinances, codes, orders, rules and regulations, permits and certificates of occupancy and to all covenants, conditions. declarations, encroachments, restrictions, reservations. rights, rights of way and easements and all conditions, renewals, extensions, modifications, consolidations and replacements thereof (except to the extent any such item shall expressly provide that this Lease is superior thereto), now or hereafter affecting or placed, charged or enforced against all or any portion of the Property or any interest of Landlord therein or Landlord's interest in this Lease and the leasehold estate thereby created. Tenant shall. upon request of Landlord, subordinate this Lease and Tenant' s rights hereunder to any ground or underlying lease, mortgage, indenture, deed of trust or other encumbrance, together with any conditions, renewals, extensions, modifications, consolidations and replacements thereof, now or hereafter affecting or placed. charged or enforced against all or any portion of the Property or any interest of Landlord therein or Landlord's interest in this Lease and the leasehold estate thereby created. Tenant shall execute. acknowledge and deliver to Landlord, at any time and from time to time, upon demand by Landlord, such documents as may be requested by Landlord, or any ground or underlying lessor, lessee or any mortgagee, to confirm or effectuate any subordination hereunder. If Tenant shall fail or refuse to execute, acknowledge and deliver any such document within fifteen (15) days after written demand therefor, Landlord, its successors and assigns shall be entitled to execute, acknowledge and deliver any and all such documents for and on behalf of Tenant as attorney-in-fact for Tenant. Tenant hereby constitutes and intvocably appoints Landlord, its successors and assigns as Tenant's attorney-in-fact to execute, acknowledge and deliver any and all documents described in this Section 23(a) for and on behalf ofTenant, as provided in this Section 23(a). (b) Tenant agrees that in the event that any holder of any mortgage, indenture, deed o f trust, lease or other encumbrance encumbering any part of the Property becomes mortgagee in possession of the Premises, Tenant will pay to such mortgagee all rents subsequently payable hereunder. Further, Tenant agrees that in the event any proceedings are brought for the foreclosure of any mortgage to which this Lease is subject and subordinate, or 10 Landlord's interest herein is conveyed in lieu of foreclosure, Tenant will attom to the purchaser at any such foreclosure sale or under any conveyance in lieu of foreclosure and will recognize such purchaser as its landlord under this Lease. Any attornment to a mortgagee or purchaser pursuant to this Section 23 shall occur automatically, but Tenant shall on request by and without cost to Landlord or any mortgagee or purchaser, execute, acknowledge and deliver any instruments evidencing such attornment. (c) Tenant's failure to execute instruments or certificates provided for in this Section 23 within fifteen (15) days after the mailing by Landlord's written request shall be a default under this Lease. 24. STATEMENT OF PERFORMANCE, Tenant shall within fifteen (15) days after receipt of Landlord's request therefor, deliver to Landlord a statement in recordable form certifying that this Lease is in full force and effect, that this Lease is unmodified, or if modified, stating any such modifications, that there are no defenses or offsets to the Lease by Tenant, or stating such defenses or offsets as are claimed by Tenant, that Landlord is not in default hereunder, or specifying any defaults by Landlord that Tenant alleges, and specifying the date to which rent has been paid, and specifying any further information about this Lease or the Premises thal Landlord may reasonably request. Tenant understands that prospective purchasers, mortgagees or lessors of the Property or the Premises will rely on such certificates. Tenant's obligation to deliver such certificates within fifteen (15) days as described above is a material obligation of Tenant hereunder. 25. NO RIGHTS OF FIRST REFUSAL OR RIGHTS TO PURCHASE. Tenant agrees that Tenant has not been granted any rights of first refusal or rights to purchase in connection with this Lease, the Premises and/or the Property. 26. DEFAULT. (a) Tenant's Default. In addition to any default by Tenant described elsewhere in the Lease, the occurrence or existence of any one or more of the following events or circumstances shall constitute a default hereunder by Tenant: (i) Failure in Pavment. Tenant shall fail to pay when due any installment of Base Rent, Additional Rent, or any other sum payable by Tenant under the terms of this Lease and Tenant shall not cure such failure within three (3) calendar days of notice of default by Landlord. (ii) Failure in Performance. Tenant shall neglect or fail to perform or observe any of the covenants herein contained on Tenant's part to be performed or observed (except for the payment of rent, which is controlled by the terms of Section 26(a)(i) above) and Tenant shall fail to remedy such default within twenty (20) days after Landlord shall have given to Tenant written notice specifying such neglect or failure (or within such period, if any, as may be reasonably required to cure such default if it is of such nature that it cannot be cured within such twenty (20) day period, provided that Tenant commences to remedy such default within such twenty (20) day period and proceeds with reasonable diligence thereafter to cure such default). (ifi) False Reports. Tenant submits a report required to be furnished hereunder which Landlord reasonably deems to be materially inaccurate, and Tenant, after being afforded an opportunity to cure Tenant's inaccurate report and provide Landlord a revised copy, fails to provide accurate materials within thirty (30) days. (iv) Attachment. I'his Lease or the Premises or any part thereof shall be taken upon execution or by other process of law directed against Tenant, or shall be taken upon or subject to any attachment at the instance of any creditor of or claimant against Tenant, and such attachment shall not be discharged or disposed of within thirty (30) days after the levy thereof. (v) Abandonment. Tenant shall vacate or abandon the Premises (which shall be defined to include, but not be limited to, any absence by Tenant from the Premises for fifteen (15) or more days while otherwise in default under this Lease) or lock the Premises so as to prevent the entry therein of Landlord or its representatives as permitted by the terms of this Lease. 11 (vi) Insolvency Filing. Tenant or any guarantor of Tenant's obligations hereunder shall (i) admit in writing its inability to pay its debts generally as they become due; (ii) make an assignment of all or a substantial part of its property for the benefit of creditors; (iii) apply for or consent to or acquiesce in the appointment of a receiver, trustee or liquidator of Tenant or such guarantor or of all or a substantial part of Tenant's or such guarantor's property or of the Premises or of Tenant's interest in this Lease; or (iv) file a voluntary petition in bankruptcy or a petition or an answer seeking reorganization under any bankruptcy or insolvency law or an arrangement with creditors, or take advantage of any insolvency law or file an answer admitting the material allegations of a petition filed against Tenant or such guarantor in any bankruptcy, reorganization or insolvency proceedings. (vii) Insolvency Adiudication. The entry of a court order. judgment or decree without the application, approval or consent of Tenant approving a petition seeking reorganization o f Tenant or such guarantor under any bankruptcy or insolvency law or appointing a receiver, trustee or liquidator of Tenant or such guarantor or of all or a substantial part of 'renant's or such guarantor's properly or of tile Premises or of Tenant's interest in this Lease, or adjudicating Tenant or such guarantor a bankrupt or insolvent, and such order, judgment or decree shall not be vacated, set aside or stayed within forty-five (45) days from the date of entry. (Viii) Failure to pay Sales/Use Tax. Tenant shall fail to timely pay any sales and/or use taxes applicable to Tenant. (b) Landlord's Default. Landlord shall in no event be charged with defuult in any of its obligations hereunder unless and until Landlord shall have failed to perform such obligations within thirty (30) days (or such additional time as is reasonably required to correct any such default) after written notice as set forth in Section 33 to Landlord by Tenant, specifically describing such failure. 27. REMEDIES. If Tenant shall default under this I,ease as set forth in Section 26, Landlord shall have the following rights and remedies (subsequent to any cure rights of Tenant with respect to a non-monetary default as provided above), in addition to all other remedies at law or equity, and none of the following, whether or not exercised by Landlord, shall preclude the exercise of any other right or remedy whether herein set forth or existing at law or equity. (a) Termination. Landtord shall have the right to terminate this Lease by giving Tenant notice in writing at any time. No act by or on behalf of Landlord such as entry on the Premises by Landlord to perform maintenance and repairs and efforts to relet the Premises. other than giving Tenant written notice of tennination, shall terminate this Lease. I f Landlord gives such notice, this Lease and the Term hereof as well as any right, title and interest of Tenant under this Lease shall wholly cease and expire in the same manner and with the same force and effect (except as to Tenant's liability) on the date specified in such notice as if such date were the expiration date of the Tenn of this Lease without the necessity of re-entry or any other act on Landlord's part. Upon any termination of this Lease Tenant shall quit and surrender to Landtord the Premises as set forth in Section 21. I f this Lease is terminated, Tenant shall remain liable to Landlord for all rent and other sums accrued and unpaid hereunder to the date oftermination of this Lease and Landlord shall be entitled to recover from Tenant the worth at the time of the award of the amount by which the unpaid Rent and other sums for the balance of the Term exceeds the amount of such loss for the same period that Tenant proves could have been reasonably avoided. No provision of this Lease shall limit or prejudice the right of Landlord to prove for and obtain as liquidated damages by reason of any termination of this Lease, an amount equal to the maximum allowed by any statute or rule of law in effect at the time when, and governing the proceedings in which, such damages are to be proved. whether or not such amount be greater, equal to, or less than the amount referred to above. (b) Re-entry. Landlord may, without demand or notice, reenter and take possession of the Premises or any part thereof, and repossess the same as Landlord's former estate and expel Tenant and those claiming through or under Tenant, and remove the effects of any and all such persons (forcibly, if necessary) without being deemed guilty of any manner of trespass, without prejudice to any remedies for an'ears of rent or preceding breach of covenants and without terminating this Lease or otherwise relieving Tenant of any obligation hereunder. Should Landlord elect to re-enter as provided in this Section 27(b), or should Landlord take possession pursuant to legal proceedings or pursuant to any notice provided for by law, Landlord may, from time to time, without terminating l 2 this Lease, relet the Premises or any part thereof for such term or terms and at such rental or rentals, and upon such other conditions as Landlord may in its absolute discretion deem advisable, with the right to make alterations and repairs to the Premises. No such re-entry, repossession or re-letting of the Premises by Landlord shall be construed as an election on Landlord's part to terminate this Lease unless a written notice of termination is given to Tenant by Landlord, No such re-entry, repossession or re-letting of the Premises shall relieve Tenant of its liability and obligation under this Lease, all of which shall survive such re-entry, repossession or re-letting. Upon the occurrence of such re-entry or repossession, Landlord shall be entitled to the highest amount of monthly Rent, including Additional Rent, which shall have been payable for any month period prior to such re-entry or repossession, less the net proceeds, if any, of any re-letting of the Premises after deducting all of Landlord's expenses in connection with such re-letting, including, but without limitation, all repossession costs, brokerage commissions, legal expenses, attorneys' fees, expenses of employees, alteration costs and expenses of preparation for such reletting. Tenant shall pay such amount to Landlord on the days on which the rent or any other sums due hereunder would have been payable hereunder i f possession had not been retaken. In no event shall Tenant be entitled to receive the excess, if any, of net rent collected by Landlord as a result of such re-letting over the sums payable by Tenant to Landlord hereunder. Notwithstanding the foregoing, Landlord shall provide Tenant with an opportunity to remove any leased or consigned property so long as Tenant can provide Landlord with evidence of such lease(s) or consignment(s) prior to any removal(s). Landlord must further be present during any such permitted removal(s). (c) Payment on Account of Tenant. If Tenant shall default in making any payment required to be made by Tenant (other than payments of rent) or shall default in performing any other obligations of Tenant under this Lease, Landlord may, but shall not be obligated to, make such payment or, on behalf of Tenant, expend such sum as may be necessary to perform such obligation. All sums so expended by Landlord with interest thereon at the rate provided in Section 27(f) shall be repaid by Tenant to Landlord on demand. No such payment or expenditure by Landlord shall be deemed a waiver of Tenant's default nor shall it affect any other remedy of Landlord by reason of such default. (d) Default Interest. In addition to any other fees due hereunder, if Tenant shall default in making payment of any rent or other sum due under this Lease, Landlord may charge and Tenant shall pay upon demand interest thereon at the rate provided in Section 27(f). (e) Rental Value for Period of Unlawful Detainer Action. In any action of unlawful detainer commenced by Landlord against Tenant by reason of any default hereunder, the reasonable rental value of the Premises for the period of the unlawful detainer shall be deemed to be the highest amount of monthly Rent. including Additional Rent, which shall have been payable for any month period prior to such unlawful detainer action. (f) Provisions Applicable to Remedies. Whenever Tenant shall be required to make payment to Landlord of any sum with interest, interest on such sum shall be computed from the date such sum is due until paid, at an interest rate equal to twelve percent (12%) per annum (the "Applicable Interest Rate"), unless a different interest rate is otherwise specified under this Lease. As used in this Lease, each of the terms "reenter," "re-entry," "take possession, .'. repossess" and "repossession" is not restricted to their technical legal meaning. For the purposes of this Section 27, the rent due for any calendar month after re-entry or repossession of' the Premises by Landlord shall be deemed to be the highest monthly Rent, including Additional Rent, which shall have been payable for any month period prior to such re-entry or repossession. Tenant shall be responsible for payment of al] reasonable costs and expenses, including, but not limited to, court costs and reasonable attorney's fees in any action taken by Landlord to enforce its rights or pursue its remedies under this Section. Tenant stipulates and agrees that the rights set forth in the above subsections are commercially reasonable. 28. QUIET ENJOYMENT. Landlord covenants and agrees with Tenant that in partial consideration for Tenant paying Base Rent and Additional Rent hereunder and observing and performing all the terms, covenants and conditions of this Lease on Tenant' s part to be observed and performed, Tenant shall peaceably and quietly enjoy the Premises without interruption by Landlord or any person or persons claiming by, through or under Landlord, subject, nevertheless, to the terms and conditions of this Lease, and to the underlying declarations, leases, mortgages and other matters herein mentioned. 13 29. AUTHORITY OF PARTIES. Tenant and Landlord shall each provide contemporaneously with the execution of this Lease evidence of its authority to enter into this Lease, including, but not limited to, copies of its bylaws and certificate of incorporation (if Tenant or Landlord is a corporation) or articles of organization and operating agreement (if lenant or Landlord is a limited liability company) or such other governing documents as may be applicable to the type of entity that constitutes Tenant and Landlord, Tenant and Landlord shall also provide corporate resolutions authorizing execution of this Lease and the performance of all of the terms herein provided to be performed. 30. NO IMPLIED SURRENDER OR WAIVER. The failure of either party to seek redress for violation of, or to insist upon the strict perfonnance of, any covenant or condition of this Lease or any rules and regulations governing the Premises or Property shall not prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. The receipt by Landlord of rent with knowledge of the breach of any covenant ofthis Lease shall not be deemed a waiver of such breach. The failure of Landlord to enforce any of the rules and regulations governing the Premises or Property against Tenant shall not be deemed a waiver of any or all o f such rules and regulations. No provisions of this Lease shall be deemed to have been waived by Landlord unless such waiver is in writing signed by Landlord, No act or thing done by Landlord or Landlord's agents during the Term of this Lease shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept such surrender shall be valid unless in writing signed by Landlord. No employees of Landlord or of Landlord's agents shall have any power to accept the keys of the Premises prior to the termination of this Lease, The delivery of keys to any employee of Landlord, or of Landlord's agents, shall not operate as a termination of this Lease or a surrender of the Premises. No payment by Tenant, or receipt by Landlord, of a lesser amount than the rent due hereunder, shall be deemed to be other than on account, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such rent or pursue any other remedy available to Landlord. Time is of the essence hereof. 31. COSTS AND ATTORNEY FEES. If Landlord or Tenant at any time, by reason of the other party's default or breach hereunder, incurs any costs, including, without limitation, reasonable attorneys' fees and/or costs to cure any such default or breach or enforce any provisions of this Lease, the costs so incurred by such non- defaulting or non-breaching party shall be immediately due and payable by the other party upon demand from such non-defaulting or non-breaching party. If Landlord should bring suit for the possession of the Premises, or if either party under this Lease shall bring suit for the recovery of any sum due under this Lease, or because of the breach of any provision of this Lease, or for any other relief against the other party hereunder, then all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party therein shall be paid by the other party, which obligation on the part of the other party shall be deemed to have accrued on the date of the commencement of such action and shall be enforceable whether or not the action is prosecuted to judgment. Should Landlord be named as a defendant in any suit brought against Tenant in connection with or arising out of Tenant's occupancy hereunder, Tenant shall pay to Landlord the costs and expenses incurred by Landlord in such suit, including reasonable attorneys' fees. 32. NO REPRESENTATIONS BY LANDLORD. ENTIRE AGREEMENT. Landlord and Landlord's agents have made no representations, warranties, agreements or promises with respect to the Premises or the Property except such as are expressed herein. Without in any way limiting the generality of the foregoing, Landlord and Landlord's agents have made no representations, warranties, agreements or promises with respect to the exact size of the Premises or the Property. The entire contract of the parties is contained herein, and there are no promises. agreements, representations, warranties, conditions or understandings, either oral or written, between them, other than as are herein set forth. 33. NOTICE AND BILLS. The mailing addresses ofthe parties are as follows: Tenant: S.S. Skippa Cord, Inc. 517 E. Hyman Avenue Aspen, CO 81611 Landlord: Aspen Core Ventures, LLC do Pyramid Property Advisors 14 418 East Cooper Avenue, #207 Aspen, Colorado 81611 Any bill, statement, notice, demand or communication which Landlord may desire or be required to give to Tenant shall be in writing and shall be deemed sufficiently given or rendered if delivered personally to Tenant or any of its employees or agents, at the Premises, or sent to Tenant by certified or registered United States mail, postage prepaid, addressed to Tenant at the address of Tenant specified above, or, after commencement of the Term of this Lease, at the option of Landlord, at the Premises. Any notice, demand or communication by Tenant to Landlord shall be in writing and must be served by certified or registered United States mail, postage prepaid, addressed to Landlord at the address specified above. The time of the rendition of such bill or statement and of the giving of such notice, demand or communication shall be deemed to be the time when it is personally delivered or mailed. Either party shall have the right to designate in writing, served as provided above, a different address to which any notice, demand or communication is to be mailed. 34. DEFINITION OF AND ACTIONS BY LANDLORD. (a) Definition. The term "Landlord" as used in this Lease, so far as covenants or obligations on the part of Landlord are concerned, shall be limited to mean and include only the Landlord of the Premises at the time in question. In the event that the interest of the Landlord herein named in the Premises is trans ferred, whether by sale, lease or sublease, foreclosure, or otherwise, the named Landlord shall be and hereby is entirely freed and relieved of all covenants and obligations of Landlord hereunder. and it shall be deemed and construed without further agreement between the parties or their successors in interest, or between the parties and any such transferee that such transferee has assumed and agreed to carry out any and all covenants and obligations of the named Landlord and is the Landlord hereunder. (b) Actions by Landlord. Actions taken or decisions made by Landlord under this Lease shall be binding upon the Landlord in its capacity as Landlord, but shall not be binding upon any entity affiliated with Landlord simply because of Landlord's membership or interest therein. Accordingly, Landlord shall have no liability to Tenant for any actions or decisions by any other affiliated entity that are contrary to or less beneficial to Tenant than any action taken or decision made by Landlord. 35. NO PARTNERSHIP. Notwithstanding anything contained herein to the contrary, Landlord is not and shall not in any way or for any purpose become principal or partner of Tenant in the conduct of its business, or otherwise, or a joint venture or member of a joint enterprise with Tenant hereunder. 36. EXHIBITS. The following exhibits attached to this Lease are hereby incorporated in and made a part of this Lease: NONE. 37. NO BROKERS. Each of Landlord and Tenant represents and warrants that there are no claims for brokerage commissions or finders' fees in connection with the execution of this Lease, and agrees to indemnify the other against, and hold it harmless from, all liability arising from any such claim, including, without limitation, the cost of attorneys' fees in connection therewith. 38. RECORDATION; CONFIDENTIALITY. Neither this Lease nor any memorandum of this Lease may be recorded without Landlord's prior written consent, which may be withheld in Landlord's reasonable discretion. If Landlord elects to record a memorandum of this Lease in the real property records of Pitkin, County, Tenant shall execute such documents as Landlord may reasonably request to effect such recordation. 39. FORCE MAJEURE. Except as otherwise expressly provided in this Lease, this Lease and the obligations of the parties hereunder shall not be affected or impaired because such party is unable to fulfill any of its obligations hereunder or is delayed in doing so, ifsuch inability or delay is caused by reason of strikes, shortages of material or labor, acts of war or terrorism, acts of God, fires, floods, earthquakes or other natural or man-made disasters or calamities, force majeure, governmental ordinances or moratoriums, non-performance, mistake or arbitrary or capricious acts of any governmental authority, or any other unforeseen occurrence not under such party's direct control and, under such circumstances, the time provided for such party to perform any obligation under this Lease I5 shall be extended by a number of days equal to the number of day such party was unable to perform due to such unforeseen occurrences. 40. MISCELLANEOUS. (a) If any provision of this Lease shall prove to be illegal, invalid or unenforceable, the remainder of this Lease shall not be affected thereby. (b) Except as herein otherwise provided, no amendment. alteration, modification of or addition to this Lease shall be valid or binding unless expressed in writing and signed by the party or parties to be bound thereby. (c) The caption of each Section is added as a matter of convenience only and shall be considered of no effect in the construction of any provision ofthis Lease. (d) The covenants, conditions and agreements contained in this Lease shall bind and inure to the benefit of Landlord and Tenant and their respective heirs: distributees, executors, administrators, successors, and subject to Section 15, their assigns. If there is more than one entity or person which or who are the Tenant under this Lease, the obligations imposed upon Tenant under this Lease shall be joint and several. (e) This Lease shall be governed by and interpreted in accordance with the laws of the State of Colorado. 0 Any and all warranties, provisionx rights and obligations of the parties herein described and agreed to be performed subsequent to the termination of this Lease shall survive the termination ofthis Lease. (g) This Lease is offered to Tenant for signature by Tenant and submission to Landlord and this Lease shall not be binding upon Landlord unless and until executed by Landlord. Ch) If Tenant is or will be a corporation, the persons executing this Lease on behalf of Tenant hereby covenant and warrant that Tenant is a duly qualified corporation authorized to do business in the State o f Colorado, that all franchise and coFPorate taxes have been paid to date and all future forms, reports, fees and other documents necessary to comply with applicable laws will be filed when due. (i) The parties acknowledge and agree they have reviewed this Lease in its entirety and acknowledge and agree that the Lease has been freely negotiated by both parties and expressly waive any and all applicable common law and statutory rules of construction that any term or condition of this Lease should be construed against the Lease's drafter, and agree and affirm that the Lease and all terms and conditions thereof shall in all cases be construed as a whole, according to the fair meaning of the language used. IN WITNESS WHEREOF, Landlord and Tenant have respectively executed this Lease as of the date set forth below their signatures, as provided below. LANDLORD: TENANT: ASPEN CORE VENTURES, LLC, S.S. SKIPPA CORD, INC. a Colorado limited liability company a Colorado corporation By: J Core Investors, LLC, a Colorado limited liability company, its Manager By: NH Core, LLC, ///7 ..0// a Colorado limited liability company, its Manager ' 0/ 41 '2 1 - A;-wss.Â·Â·-- ~22-** 1 ~~-) By.Â· --7 1-1 By: >Â«- .. / . 4 Name: NIkos i ]Aht -*ISLY--Â»- Title: Manager Title: ff),p ri,d .6'..Ary f Date: Date: //9 / 50/// 12 Lut 3 16 AMENDMENT TO LEASE 'THIS AMENDMENT TO LEASE (this "Amendment") is made and entered into effective October 4, 2011 (the "Effective Date"), by and between LITTLE ANNIE'S RESTAURANT, LLC, a Colorado limited liability company, whose address is: c/o Thomas Genshaft LLP, 39 Boomerang Road, Suite 8130, Aspen, Colorado 81611 ("Tenant") and ASPEN CORE VENTURES, LLC, a Colorado limited liability company, assignee of Aspen Legacy Holdings, LLC (assignee of 517 E. Hyman Holdings, LLC). whose address is: do Pyramid Property Advisors, 418 East Cooper Avenue, #207. Aspen, Colorado 81611 (hereinafter, "Landlord"), for the purposes recited below. RECITALS A. Tenant and Landlord are parties to that certain Commercial Lease (NNN) dated October 23,2008 (the "Lease") for the following real property: 517 E. Hyman Avenue, Aspen, Colorado 81611 consisting of approximately 3,000 square feet of land and approximately 2,460 of improvements (referred to as the "Premises" and/or the "PropertY"). Landlord leases the entire Property to Tenant. B. Under the terms of the Lease, the initial term (the "Initial Term") of the Lease expires on October 30, 2011. Landlord has agreed to grant Tenant a two-year extension from October 31, 2011 until October 30,2013, subject to the terms and conditions below. NOW THEREFORE, for good and valuable considerations, the receipt and sufficiency of which are hereby confessed and acknowledged, Landlord and Tenant hereby amend the Lease as set forth below. 1. Extension of Term: Base Rent: CAM: Landlord's Right to Terminate Lease. The term of the Lease shall be extended for two years only such that the "Extended Term" shall run from October 31, 2011 until October 30,2013. During the first year of the Extended Term, Tenant shall pay annual base rent in the amount of $108.000.00, payable in equal monthly installments on the first day of each month in the amount of $9,000.00. During the second year of the Extended Term commencing on October 31, 2012, Tenant shall pay annual base rent in the amount of $114.000.00, payable in equal monthly installments on the first day of each month in the amount of $9,500.00, Tenant agrees that in addition to said base rent, Tenam shall also pay Tenant's Pro Rata Share (100%) of utility, CAM, taxes and insurance costs (collectively, the "CAM Expenses") as provided under Paragraph 9 of the Lease. Tenant shall have no rights or options to extend the Lease beyond October 30, 2013. Additionally, notwithstanding any other provision of the Lease to the contrary, the following provisions shall apply during the Extended Term: (a) Landlord has informed Tenant that Landlord intends to undertake development work with respect to the Properly (the "Develonment Work"), which may include, among other things, demolition of and/or alterations to all or parts of the Property and any other work that may be related to Landlord's development plans and activity. Tenant therefore agrees that Landlord has the right to terminate the Lease upon ninety (90) days prior written notice to Tenant (the "Termination Notice"), which termination right is in the sole discretion of Landlord. Tenant agrees that the Termination Notice shall only provide for the date upon which the Lease shall terminate (the "Termination Date") and shall not explain the reason for termination because the Termination Notice shall be deemed to evidence Landlord's commencement of the Development Work. If Tenant so chooses, upon receipt of the Termination Notice, Tenant may upon written notice to Landlord close the restaurant and terminate the Lease at any time between the date of the Termination Notice and the Termination Date identified in the Termination Notice. Upon termination, the Lease shall terminate and the parties shall have no further 1 4/23 rights, duties or obligations under the Lease. Tenant agrees that Landlord would not have agreed to enter into this Amendment related to the Extended Term without Landlord's right to terminate the Lease as stated above. Said termination right is a material part of the consideration for this Amendment. (b) As of the date hereof, Tenant has not paid Landlord in full for CAM Expenses owed by Tenant during the Initial Term. Tenant agrees that on or before December 31, 2011. Tenant shall have paid Landlord in full for all CAM Expenses owed by Tenant during the Initial Term. If Tenant fails to meet this requirement regarding payment of CAM Expenses by December 31, 2011, Tenant shall be in default under the Lease. Additionally, Landlord agrees that during the Extended Term, Tenant shall have the right to pay CAM Expenses on a quarterly basis in arrears such that commencing on January 31, 2012, CAM Expenses shall be pid on January 31; April 30; July 3]; and October 30 during each Lease Year of the Extended Term. 2. Effect of Amendment on Other Lease Terms. Except as specifically set forth in this Amendment, the provisions of the Lease remain unchanged and in full force and effect. In the event of any contlict between the terms of this Amendment and other portions of the Lease, this Amendment shall control. 3. Counterparts: Facsimile/PDF. This Amendment may be executed in one or more counterparts, anyone of which need not contain the signatures of more than one party, but all stich counterparts taken together will constitute one and the same instrument. Signatures may be exchanged by telecopy. Each party to this Amendment agrees that it will be bound by its own telecopied/PDF'd signature and that it accepts the telecopied/PDF'd signatures ofthe other parties to this Amendment. 4. CRA~id_enti#lityÂ· Landlord agrees to keep confidential the contents of this Amendment, including without limitation Landlord's termination riglit described under Paragraph 1 above Call collectively, the "Information") and that, except as set forth in the sentence immediately following, the Information will not, without the prior written consent of Tenant, be disclosed by Landlord in any manner whatsoever. Landlord may disclose the Information only to such of its representatives who need to know the Information for the sole purpose of assisting Landlord with this Amendment and who are informed of the provisions of this paragraph. Any party bound hereby may disclose this Information if required to do so, under subpoenas or other legal compulsion. IN WITNESS WHEREOF, the undersigned have executed this Amendment to Lease as of the day and year first above written. TENANT: LITTLE ANNIE'S RESTAURANT, LLC a Colorado limited liability company IP' 1 N='e. â‚¬ D w.*>, f) C - .h,Â¢Jtli '.f<1,4 Title: f #r. 0-. / *,fl :. 9 J.01 - ~arh.9- J '4141/1 LANDLORD: ASPEN CORE VENTURES, LLC, a Colorado limited liability company By: J Core Investors, LLC. a Colorado limited liability company, its Manager By: NH Core, LLC, a Colorado limited liability company, its Manager Nikos<HAÂ·ht. Manager 2 Permit Fee Summary Current Date October 15, 2013 Permit # 0001.2013.ACBK Address 521 E Hyman Fee Description Fee Amount Amount Paid Amount Due Aspen-Plan Check $99,628.75 $99,628.75 $ - Aspen Res Zoning Fee 50% - Submittal $26,847.98 $26,847.98 $ - Aspen Res Zoning Fee 50% -Issuance $26,847.98 $26,847.98 $ - Aspen Energy Code $22,991.25 $22,991.25 $ - Engineering Permit Review $27,594.80 $27,594.80 $ - Construction Mit Fee 50% Sub $7,938.58 $7,938.58 $ - Construction Mit Fee 50% Issue $7,938.58 $7,938.58 $ - Aspen GIS $260.00 $260.00 $ - County Use Tax Deposit $45,250.00 $45,250.00 $ - Aspen Building Permit Fee $153,275.00 $153,275.00 $ - City Use Tax Deposit $189,000.00 $189,000.00 $ - Sanitation District Fee $74,831.76 $74,831.76 $ - Parks Permit Review Fee $976.29 $976.29 $ - 4146'40(r 4%'961.90 ~ Housing Cash In Lieu $944,257.50 $944,257.50 $ /'-0 - ., .. fX\IAÂ¥*- LParking Cash in Lieu $384,000.00 $384,000.00 $/n.Q -- - 0 Phased Foundation/Framing Permit Fee 53646.25 $53,646.25 $ - Total $2,065,284.72 $2,065,284.72 $0.00 h\ ASPEN CORE EXISTING NET LEASABLE CLARIFCATION FEBRURARY 25, 2014 ORD 05-12 ACTUAL DIFFERENCE BENTON EXISTING NET LEASABLE LOWER LEVEL 2,375 SF 2,497 SF UPPER LEVEL 2,670 SF 1,990 Sfll - \ THIRD LEVEL 715 SF j / j SUBTOTAL 5,045 SE 22:92=SE y 4157 SF_j 4/ -1 ANNIE'S EXISTING NET LEASABLE 2,460 SF 2,814 SF ~ 429 TOTALS 7,505 SF 8,016 SF 511 SF @19 ~ttfeL. A\a kblk. <,=1 6,(EPA n'w UJ Ab 6141 1+4 w. 3066/ L A 6 1 8 4 19 I /A 7-- :6 F/0 9,045,0 7111 310~(1 [m I b I...1 (ADD Â¢ Al(Â·htftli~ ftÂ¥ Antvt i .5 aol/}L m pmoÂ© /24 001- 't Benton Building Upper Floors: 2,670 x 3,075 FTEs/1,000 s.f. = 8.21025 FTEs ** Total Benton Building existing net leasable = 17.94775 FTEs Little Annie's Main Level < 2,460 x 4.1 FTEs/1,000 s,f. = 10.086 FTEs Preservation credit for existing net leasable 17.94775 +10.086 = 28.03375 FTEs New Commercial Net Leasable Calculation: / Main Level (6,096 x 4.1 FTEs)/1,000 sq. ft. = 24.9936 FTEs Upper Floors and Basement Level (9,763 x 3.075)/1,000 s,f. = 30.021225 FTEs Total new commercial net leasable = 55.014825 FTEs Calculationfor the enlargement of a historic landmarkfor mixed use development: 55.014825 - 28.03375 = 26.981075 Total FTEs The first 4 employees require 0 mitigation; 2 landmarks means the first 8 employees require 0 mitigation: 0 FTEs generated for first 8 employees. The second 4 employees require mitigation at 30%; 2 landmarks means the second 8 employees require 30% mitigation 8 x 30% = 2.4 FTEs generated for the second 8 employees. The remaining employees are mitigated at 60%. 04 211\ 26.981075 -(2 x 8)= 10.981075 10.981075 x 60% = 6.588645 FTEs ANÂ° 4 9*2*sr 0 + 2.4 + 6.588645 = 8.988645 employees to be housed bv this project. pÂ·p The project is required to provide housing mitigation to house 9 employees, and has represented a commitment to pay cash in lieu for approximately 80% of the total mitigation, 7,25 FTEs, which equals (7.25 x $139,890) = $1,014,202.50 and approximately 20% of the total mitigation, 1.75 FTEs, shall be provided in the form of an offsite unit or affordable housing credits. 517 and 521 E. Hyman Avenue Ordinance #5, Series of 2012 Page 10 of 15 The offsite unit shall meet the requirements of the Aspen Pitkin County Housing Authority Guidelines and shall be deed restricted in accordance with Aspen Pitkin County Housing Authority requirements at Category 4 or lower. A Certificate of Occupancy shall be granted and a deed restriction shall be recorded for the offsite housing unit prior to the issuance of a Certificate of Occupancy or a Conditional Certificate of Occupancy for the mixed use addition. If applicable, affordable housing credits shall be extinguished prior to a Certificate of Occupancy for the mixed use addition. Section 10: Growth ManaHement Quota System Allotments The following Growth Management allotments are hereby granted to the Project: a. Residential Free Market - 2 units b. Commercial Net Leasable -15,859 square feet Section 11: Design Review Conceptual Commercial Design Review and Certificate of Appropriateness for Major Development Conceptual including mass, scale and height of the project is hereby granted as presented in the plans dated February 13, 2012 attached as Exhibit A to the Ordinance. Final Commercial Design Review as described in Land Use Code Â§ 26.412, Commercial Design Review, and a Certificate of Appropriateness for Major Development Final as described in Land Use Code Â§ 26.415.070 Development involving designated historic properties, are required to be granted by the Historic Preservation Commission prior to the issuance of a Development Order. Section 12: Building Permit The applicant may not submit a Building Permit Application, with the exception of a building permit for the Benton Building exterior restoration and interior remodel, until the requirements in Land Use Code Â§ 26.304.075, Building Permit, are fulfilled. 1 he building permit application shall include the following: 1. A copy of the Development Order issued by the Community Development Department (see Â§ 26.304.075(A)(2), City ofAspen Municipal Code,) 2. A copy of the final City Council Ordinance and HPC Resolutions. 3. The conditions o f approval shall be printed on the cover page of the Building Permit set. 4. A fugitive dust control plan to be reviewed and approved by the City Engineering Department. 5. An excavation-stabilization plan, construction management plan (CMP), drainage and soils report pursuant to Engineering and Building Department requirements. 6. A grading report pursuant to Engineering Department requirements. 7. Accessiblity and ANSI requirements shall meet adopted Building Code requirements. 8. Evidence that the landscape plan received approval from the Parks Department. 9. Evidence that the cost estimates for the landscaping plan and Public improvements received approval from the Community Development Department. 10. Evidence that the Financial Assurances and Site Protection Fund commitments, set forth at Section 4&5 above, have been met. 517 and 521 E. Hyman Avenue Ordinance #5, Series of 2012 Page 11 of 15 Residential Units: 2 units Minimum Off-Street Parking Spaces: 3 spaces Minor adjustments to the dimensions represented above may occur upon review of a building permit as long as the resulting dimensions do not exceed those approved through this ordinance. Decks are approved as shown in the plans attached as Exhibit A dated February 13,2012. If an application is submitted by the owner, the residential floor area and residential net livable area described above for Unit 1 may be divided into two units through an administrative approval by the Community Development Director. The residential floor area and residential net livable area described above may not be increased without approval by City Council. Growth Management mitigation for the third free market residential unit is required and shall be in the form of a cash in lieu payment calculated at the time of building permit submittal for the third unit. Section 7: Affordable Restaurant Deed Restriction: The site currently occupied by Little Annie's Restaurant (the "Restaurant Site") shall be restricted in perpetuity by a deed restriction approved by the city Attorney and thereafter recorded . with the Clerk and Recorder' s Office of Pitkin County so that the Restaurant Site may be used only for the operation of a "low-priced restaurant" (as hereinafter defined). Future rent for the Restaurant Site shall not exceed rent for the current year, as adjusted each calendar year thereafter by an amount equal to the percentage increase, if any, in the CPI-U, U. S. City Average, All Items, (1982-84=100) Consumer Price Index (the "CPI"), over the CPI in effect for the month and year of the effective date of this ordinance. For purposes of this paragraph, the term "low- priced restaurant" means a restaurant offering menu items priced not more expensively, on a relative basis when compared to other sit down restaurants in Aspen, Colorado, than the current menu prices. A copy of the current menu prices at the Restaurant Site shall be kept and maintained by the City of Aspen Community Development Department which shall constitute conclusive evidence of the current menu prices. Any other uses, including other uses allowed in the CC Zone District as a matter of right, or any greater increases in rent shall be permitted only upon the agreement of the Owner and the City. The deed restriction shall be recorded prior to granting a certificate of occupancy for the mixed use addition. The applicant shall make a reasonable good faith effort to find a tenant for the space. Section 8: Impact and Development Fees: Public Amenitv Space The open space in front of the Benton Building qualifies as Public Amenity space and meets a portion of the requirement. Pursuant to Land Use Code Subsection 26.575.030.el Public Amenity, the Applicant commits to provide the remaining 7.3% of the public amenity requirement off-site through the completion of a pedestrian improvement plan, The pedestrian improvement plan shall provide extensive improvements to the Hyman and Hunter Streets right-of-ways and is subject to approval by the Parks, Community Development and Engineering Departments. The improvements shall be installed at the cost of the Applicant and shall be in addition to the basic street, curb, gutter, sidewalk and landscaping improvements required under the Municipal Code. 517 and 521 E. Hyman Avenue Ordinance #5, Series of 2012 Page 8 of 15 The property owner has agreed to undertake an architectural study to see if it is reasonably possible to provide accessibility in accordance with Building Code requirements to the Little Annie' s building without disrupting existing restaurant operations. Parks Development and Air Qualitv/TDM Impact Fees Pursuant to Land Use Code Â§ 26.610.030, Exemptions, development involving a property listed on the Aspen Inventory of Historic Landmark Sites and Structures is exempt from the Parks Development and Air Quality/TDM Impact Fees. School Lands Dedication Before the Applicant is issued a Building Permit, the Applicant shall pay a fee-in-lieu of land dedication pursuant to Chapter 26.620, School Lands Dedication. The amount of the fee shall be calculated by the Community Development Department using the calculation method and fee schedule in effect at the time the applicant submits a Building Permit. Parking Pursuant to Land Use Code Â§ 26.515, Parking, new net leasable area is required to mitigate parking impacts either through onsite spaces or cash in lieu. The Applicant agrees to pay the following cash in lieu fee prior to the building permit issuance: 91 ~ (40>7 e N 15,859 sq. ft. netleasable/ 1,000 sq. ft. = 15.8 parking spaces required 8 297 15.8 spaces required - 3 onsite spaces provided = 12.8 parking spaces 04XteN.0/ 1 10 12.8 x $30,000/space = $384,000 it~\ aiv,/ An increase to the 15,859 square feet of net leasable area described above shall require additional <~47~ cash in lieu payment according to the above methodology. li Section 9: Employee Generation and Mitigation i The existing net leasable calculation for both the Benton Building (521 E. Hyman Avenue) and Little Annie's (517 E. Hyman Avenue) is 7,505 square feet. City Council hereby grants a credit of commercial net leasable for the preservation of these buildings. Pursuant to Chapter 26.470, Growth Management, of the Aspen Land Use Code historic landmarks are eligible for growth management benefits. As such the two free market residential units are permitted without affordable housing mitigation for the historic preservation of two buildings. Following is a calculation of the affordable housing requirement and the manner in which it is proposed to be provided. Existing Commercial Net Leasable Calculation: Benton Building Main Level 2,375 x 4.1 FTEs/1,000 s.f. = 9.7375 FTEs 517 and 521 E. Hyman Avenue Ordinance #5, Series of 2012 Page 9 of 15 Amy Simon From: Amy Simon Sent: Wednesday, February 19, 2014 4:55 PM To: Patrick@scaplanning.com; Sara Adams Subject: Aspen Core Hi Patrick- our AspenCore discussion has gotten a little complex. Here's what I know. You tell me what I'm missing. I'm copying Sara on this. You and I started down this path because your original net leasable issues had to do with Annie's, which was my case, but I don't want to do anything to mess up the Aspen Core approval, which was Sara's. The Aspen Core approvals were for 22,153 square feet of net leasable allowed, including a 7,505 square foot credit for existing Benton net leasable (5045) and existing Annie's net leasable (2460). Last summer we dealt with the fact that the Annie's remodel could not happen within the 22,153 total cap, so the new 500 square foot GMQS exemption was allowed, raising approval to 22,653 square feet. Last month you asked for us to acknowledge the fact that Annie's existing net leasable is actually 354 square feet more than represented during land use review. Chris signed some paperwork that you prepared, although I've just realized that the document established your max. net leasable as 22,653 (last summer's discussion) and didn't actually add the new found Annie's amount of 354. Total allowed net leasable for the property now should be 23,007. Last week or so, you mentioned a similar issue for Benton. According to the calculations that Dave Rybak just provided to Claude as part of main Aspen Core permit, existing net leasable at Benton is 5,202, which is 157 square feet more than represented in land use review. I was under the impression that you want us to acknowledge that, like Annie's, and up the max net leasable for the property to 23,164. Chris is willing to do that. The plans that Dave gave Claude show a proposed net leasable for current Aspen Core project at 21,726, which is 1,438 square feet less than the total we would arrive it as described above, so 1,438 would be available towards the upcoming Annie's remodel. I don't remember how much new net leasable will be created at Annie's. Less than 1,438 I think? Seems like all is well and we just need to amend approval again to move number up to 23,164, no? Amy Simon City of Aspen Historic Preservation 130 S. Galena Street Aspen, CO 81611 (970) 429-2758 www.aspenpitkin.com Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of 1 C> 1 K E KLIGERMAN BARKLEY ARCHITECTS, P C. BENTON- SANFRANCISCO, CA 94107 427BRYANTSTREET TEL 415 371-1850 EXISTING FLOOR AREA FAX 212-288Â·5679 WWW KAA COM 0 0 0 6/ CALCULATION CHART (GROSS) WOCOEN Fig / STOR, LEVEL COMMERCIAL 1.1 r 138'EFI E-- - - - -win_- (jiÂ» - -d Vi- --AL? Ldb=-1 4.Efâ‚¬*\ --- 2385 + 117 + 106 + 132 FIRST FLOOR = 2740 sf T a* 0 -i w/- % Â©44 '; Al.Jil u/51&2= 11 -1 -\L.4 3~4~% SECOND FLOOR 1623 + 186 + 60 +170 132 SF ----- RK.1/-L--1\ .3==_-2,9=:A#NFir=4 1 = 2039 sf ROOFeELOW :=SW.--A-t* 31 ' Imrl' 1~h Â£2~ -IJ..2-Fofij# V'Eli ~ THIRD FLOOR 447+177+148 = 772 sf TOTALS 2740 + 2039 + 772 8.8- ~7] ~ .-9Â« ff>--1-- 7- - - -7. Irk'331 = 5551 sf QEEIGEto''I'u,-7 /8.8- 1 5 , 4.--7 a~~*c -mÂ·- if i 0 148 SF E '4~1 If 1 74: 7,7. 16-01 L:. P j 11=1 . RFTAâ€¢ - REINL 1623 SF RETAIL - 447 SF 186 SF - ' m - Â· Â»-- --:---- 1 1 1 [3190 0,MI- - Gi -12 : 1.3- I 177 SF ,8, REE.GE rE *. lilli-- EXEMPT Â«1 497 : 1, 4ES '1111111 79 SF I.k=â€¢ mui : *3) -x L_ _ - --- -11 't-*Â·- -- 1 -A LITTLE ANNIE - 1 1*30* 1 (A.3)-~ : I .=111111==-- EXEMPT - Â«-~--4* ~ ~ - -- - ~ 5, ,dE_ 77 SF EXISTING FLOOR AREA ft- - 1Â»-14%4- 2.--- -1-4 ..IGHT - L-6=5/_BELOW ROOF- ..,BELL Â«~- - 1=J=-'liz~-L-1.-6 Il CALCULATION CHART (GROSS) ' ' (A 1~-- - .,- . ~A~ LEVEL COMMERCIAL I FIRST FLOOR 3000 sf 31IMED FLOOR EXISTING FAR , 2, 0~h SECOND FLOOR EXISTING FAR FIRST mLOOR EXISTING FAR U 1/16" =1'-0' L./ 1/16"= 1'-0" ~iliÂ¥= 1'-0" 1 r NO. REVISION DATE lic-KN- 1STFLOOR STEEL 1 CONSRUCTION SET 08/21/13 2 FO.'/ATION 8 06/21/13 4 SIÂ·ELL 10/2413 CONSTRUCTION 5 ASK)01 11//13 0 ASIÂ·002 11/Ill 7 ASK]04 11/19/13 8 ISSUE FOR PERMIT 12/11/13 (REV 2) FAR CALCULATIONS - EXISTING 1/16" = 1'-0" PROJECT NO. 11015 ISSUE DATE 201106.21 ORAWNBY 91.-Alt TK 8011 OÂ·ECKED BY DESIGNED BY 30.N J TOYA AO.lOA ~.T-ReEL 3- 3h100 N3dSV Opejoloo 'uedsv ..... RCHI'/ p~ Cor,Â·A ./1-22 C.-1 F. Zer,~g ONLY .3- 3-14.rvl Md 90.-'OCAWE - ..................................Ilil-~~li~il~~-il--M~--Ii----I-~ill~~il~il - F. A. R CALCULATDONS CCUVIERCIL RÂ£95[NTIA. NON-UNT ;AR AREA 78-ILATIONS 1 K E KLIGERMAN U.T. UNT 2 WIRED BARKLEY ..EN' LLOLEL_FOOTAPITIES&!1211-21Â£m,201.21 ARCHITECTS. P.C. TAA I LOT SIZE 150Â· X 100Â· = 15.000 S F STORAGE 1.41 8+494=1412 ....11 1. IE; I /0 Â· 116 427 aRYANT SlREET MAXIMUM ALLOWABLE FLOOR AREA 33.005 S F ..ICA 1 155+114Â·=329 SAN FRANCISCO CA 94107 OCR&-IMOTAL 7 32 1 EXE TEL 415Â·371-,850 MAXIMUI,1 COMMERCIAL- FLOOR AREA 24 055 S F FAX 212Â· 208- 5679 WWW IKaA COM Res common Area IFIST FLOOR MAXIMUM NET LEASABLE COMMERCIAL AREA 22,153 S F TAH 9,97 17/ d.5 + 162& + 3~*Â· = 9975 Res common Area 90 SF .INIAL 67 SF -1 .-I MAXIMUM RESIDENTIAL- FLOOR AREA 8,950 S F 2. 759â€¢304=2053 IN~GE â€¢ 1054-2%Â·230Â·125Â·125â€¢30: 12[[= UNIT 1 6.950 S F .*!CAL 62 7 31.26+17.74 --1- TIBI SF UNIT 2 2,000 S F .Blo,AL 10.* 2,13 12.1 749 S; 1 1 MAXIMUM RESIDENTIAL NET LIVABLE 7.605 S F UNIT 1 6.063 S F CONDR-OOR feoF COC Exern ' UNIT 2 1542SF All 1 215,1249,18 'IMI'f~--~ - 1:"-9 - --_ JI lili 0 = 1 IDEN"Al 1.021 T 1. s * i Unit,2 1.27 182+107+142=431 10,1/ I :8= 1274 CHANICAL 1,25 -8,65 1 1036 SF 1 | LOGRa,STOTAL 6.78 1.09 3.33 9.96 0 ~:0~ [-Fl IF'l 1165 SF H It' ':I GOARO,Â· Res common Area n HIRD H OOR 77 SF I [;ENTIAL 1. 16 9,90=167 migr*2Uff 4 1 11 6 Non-Unit Mech CHANICAL 33â€¢29 -. 31 SF | COR *BTOTAL 4, 1, 17. /22 I I=m. 14,Â®1111 1 8/1661 UP D ,+ i q .WION 131 . 26 96+71*267 -nl BELOW ~ - ELEVATOR DE. 1 1,1 1 Wal Jr--~!all.M-Â· -=--Â·-Â·Â·Â·r-Â·==Â·--1 BEÂ§=Mmh. xern .4 BELOW 0-/CN -t 671 se'111 -- - -- 8 SF 10O09JmOTAI h E- 8 1 11/ i --fammet 1 UNR 1 - ROOF TERIACE 1 r r~,7;,73<~liv I ____ I . wmmoSSAREATCIALS 24,12 6~04 1.n 57 4.92 37. SUILDINGGROSS,Na-UOESBASEMENT 1084 SF M ir.irit&il*illill=*~Ent-+ 110111 0 - nit M =11 4956 SF c = - 29 SF 1 1 11 1-1-tul Exemot AR.SUBTOâ„¢S 16,82 6.04 1.. 2,1 3 er Â·=9 t..7 147 SF Â·Â·Â·Â·-- IDENTIA SitA,IE[D ALLOCATION& 1 ~ 41 /% RES,DENTI'/OCATION _3 i _ - - ON 4.. T Al LOCAT ION S 2.2 70 I ~36* //CN 4J/T AUOCATION Â·-.1 1 Â· ---7 - 1 OTAL CUCULA,ED FAM. 19 4 6.94 1 2&3 Eamet L______-~~~~ -~ 414'Â·, -Exempt .I +_~., .77- , I 131 SF / UE III E .A or.'IWI'l".la 240' 6. L 33. 0Â·dnarr/49;eiol 2012 - I . 7 3 - I NON * AUOCK.015 --UP+93 1 - , Al ...... 4.61 11 Ic:91 6...UM Tog=Â¥ 17 NCN..1 -- PLANTED ROOF Terrace CO;WERCIAL 24.1/Â· 7 ~ TERRACE BELOW i 1 649 SF 1 1 'Â£9DENTIA .,341 -I TOT 25/ '114-1715â€¢234=84:I' & 50*Re,/Bun/'12/4 32.*El RESiDE,mAIALLOCAnONS Exempt ./ ..i.>.A ION ALLQVâ€¢AGE- Â§11 NONâ€¢ 41'ill N 3 1 78*. I LIT 2 2. Â£Â£510*N T IAL L,ECK. AREA U.1 1 RE5IDENTIA'DEC* EXEMPTION(15%1 2/ T -CTA OJ ECUDIMPTION 2.1 14 ./ U ..... ALL'WABU L342 &950*196=1.34UC . MAI'll Nil , RODF DE â‚¬K AREA 7 7 - /Â» ROOF TERRACE FAR Oh THIRD FLOOR FAR .C}OF TERUCE AREAS dri/16~=-1*----~ 27-T/561 10-- UNI" :.IN~ 1 1 91ARED TOTAL IHIED 40(JR J. t ?02 L 1./â€¢ 649* 73â€¢, c 1394 OOT 1.Â£ 1.15. 17' 3.32 67 Â·104 =171 Oor TERRACI TO,ALE 1. 1.43 ill 5.02 OOF TERUCE AUO*ABLE 5,/ 14 0Â·010-:e Â»5, Se, es of 20: 2 MAIVNS ROOF TERRKE AREA 60 Commercial Mech, 62 SF - -- --Cl- FI/-21- ------Illill 1 | CONSTRUCTION SET |00/21/1 7 1 2 1 FOIDATION & I 08/21/. 688 SF : i _f' L- 1 1: kâ‚¬ 1 1 .- . 1.),0, r,Mr 1ST FLOOR STEEL _gamm=litang@ i i - -, i. 182 SF Retail DN | 'AM -4. ~Up 33.~r BggLIgn..MWATI 1701 SF DN Â·Â·. . . 918 SF 1 4 1 SHELL Ill./. 701 SF U , G -- mm rÂ· 1 E CONSTRUCTION 1 1 1 ION Ngn=UOR.Mnitk_- 10 F ~08 494 1 g E - -~ 1 56 ~ 5 ~ ASI.001 111.131 Non-Unit Mich. 2 I 31 SF 1 T I J Non-Unit ~ 6 | ASIÂ·002 Ill.131 31 SF ON , 122 SF UP G5En[[Ejal,Mn.1 E. T...Mmn 684 SF 68 i .- p 1,~ - ~ I s f ISSUEFORPERMY 112/11/13| $ Nont-Unit Ji ~ 2 SF (REV 2) 228S .... - . Ngn:UL#! . [10 .1 1 1 i Non-Unit Mich. . 1 8 SF -4 7-71 " 1 Pool Equip J r ' xem __L Non-Unit M ch. - _ 155S --1 1 K~ / 17 SF - El 8 Restaurant 1 Res. Mech 26 SF 2 3000 SF 1 13 ,Â·Â·Â· I 174 SF I I 4~SF Ng-~~K-- 1 e ~Il[1 Bgial ' 4-/ C' i - #LE MInni - 1046 SF 1249 SF 42, f iMMF ~ 4 h P Pref/ Â· 6% 81 y lili Ih 1 E mm m na I 442 '606: /1 1 , B-11 9 E- 1 1201 1 411 80 1 B It 3595 SF -+ _ 0 0 4 1 5086 81 c= ' FAR OPENTO & 1 - 1 4 , + .4 5- CALCULATIONS 8EF~0~4 '788f'.,4 Comm. common area 1 . ~ -6 , , 0 , Â·MA, IE: 107 SF .. -1 00 00 Comm. common area_ x Bm 36 -4+-Exempt ' 114. "-1-6 . Â· ~ t'.t-â€¢Â·47.Â¢Â· 142 SF 215 SF 4 ~i~j=:-- ---;9 Â»f Â»*~~U l A.4: Unit,1 - f:k:y i L 4.Â· 11 10)91 SF F : --j 1/16" = 1'-0 --~--- pioERLE__-__33*f~ ISSUE DATEÂ· 2013.08.21 DRAWN BY W. all, AK TK 80/ 1 CIECKED BY, (fi>-Â¥252QQR-FAR ~ME~--=BEJINj N ('IN FIRST FLOOR FAR L) 1/16' =1'-0â€¢ AO.10 riÂ»ASEMENIEAR LiljiF-Vi~2~ - w~$7O~mc IR 14 F. ONLYÂ»Â·14,Â¥~ 0 1 K E KLIGERMAN ALLOWABLE SQUARE FOOTAGE , ,/Ull, BARKLEY NET LEAâ€¢ABLE/UVABLE CALCULATIONS ARCHITECTaPC LOT SIZE 150Â· X 100Â· = 15.000 S F COMMERCIAL REWO.Nll,AL AREA TABULATIONS UNIT 1 UNIT 2 427 BRYANT STREEI MAXIMUM ALLOWABLE FLOOR AREA 33,005 S F SAN FRANCISCO, CA 9410' BASEMENT TEL 416-371Â· 1050 FAX 212Â· 268- 5679 MAXIMUM COMMERCIAL FLOOR AREA 24,055 S F RETAIL 4.834 WWW.H<BACOM STORAGE 1.284 457-827â€¢1784 ~-- Shared Trash Room MAXIMUM NET LEASABLE COMMERCIAL AREA 22,153 S F FLOOR SUBTOiAL 6,118 0 0 - MAXIMUM RESIDENTIAL FLOOR AREA 8,950 S F :11 -A UNIT 1 6.950 S F FIRST FLOOR UNIT 2 2.000 S F RETAIL 9.236 1609 + 3272 + 1541 + 1814 = 9236 i - P9=;43=lhi=7 MAXIMUM RESIDENTIAL NET LIVABLE 7,605 S F RESIDENTIAL ~ UNIT 1 6,063 S F FLOORSUBTOTAL 9/6 0 0 <2--(%</,1 52 ---- L ~ UNIT 2 1 542 S F 63- C77Gh- Dign=112 i ~ SECOND FLOOR /--~giT .*elÂ«\ RETAIL 1,497 Non-linit Mech.-7 -*1* Unt.2 OFFICE 4,721 ~ 93** 957 SF I RESIDENTIAL 1,010 582 Non-Unit--1 1 COMMON 154 1 1 I '772-0 11 1 - rE FLOOR SUBTOTAL 6,372 1,010 582 1 â„¢,RO FLOOR U - 01 '1~ ON:HH*HIHI- 2 1 |RES'DEâ€¢mAL 4,711 957 HOOR SUBTOTAL 0 4,711 957 8-3â€ž1-*MTZ-=,AL IM7Â·Â·7=.--771 NET AREA TOTALS 21.726 5,721 1,539 1Mil'~~3 3~--~on-Unit Mich -UÂ·&=Gl --- , NET LEASULE DONUS 500 Per Administ,/ive Determ,nation, Jan 22,2014 - NET AUGWAZiE 22,653 6,063 1,542 Per Ordirunce 5, SerÂ·*5 of 2017 1!gill NET REMAINING 927 342 3 4711 SF -11 1. f 1 11 L- (J THIRD FLOOR NET LEASABLE ~,/ 1/16"= 1'-0" r-Commercial Mech. Comm. Storage 0 4 ' 582 SF -1 F i L-yl 1...6 ,= ~4â€¢,1 REVISION DATE â€¢===1 1545 I -l3-7 1!h -ll#FbmF 13 -~11 4 - 0.111 ~ 1 CONSTRUCTION SET 00/21/13 ~ :~ ~- Retail LeasableA"'0), .JE *: 1- 1- .1 4+4 824 SF ~ 1 ,-7 41* i TY? Garage- Non -Unit 1609 SF r-1 . . '1.47, 2 FOUNDATION 8 08~21/13 Comm. Storage z Z *115+ Comm. Storage -~~ Commercial M 1 1 1 NIE=1-1- 414 1 1 4 5 457 SF -11[-1 p 827 SF i 1STFLOORSTEEL IN r I 996 SF 0 X . 1 "'- 1 ~1221 .-1 9 (- 4 SHELL 10/24'13 pN , ~_ _ _ i IR . 11'' 3 A 1 Sm:Unt'm-xi CONSTRUCTION Nor'-Unit Mech.---Riff r- up It . 144.4 LT~ d.j h ilt i 1 2/4 +45-4 4/4 li -'Li,>' 1--=2% 4 **5 1, I 5 ASM' ./.13 Non-Unit Mech,-1 1 \ 1: .11 ... 21 Ul= r ~ ~ ASIÂ·004 11/1W13 Wk 1 1 ./1 & 7 I I N=UnE- 1 4 i /11 11'te*20 1 1 . *91.-Erf~N.~a=Ell.7--- tic-jÂ·I Comns,Mech. ~ 5 AS]-002 11/0/13 2-1| *21 ] |J' ./1 Qm= Non-UARMech.-'1~F~17 1 Ith -=-i'*W r 4721 SF - r.' *,1-711,41,=a 1 1 0 - 8 'St' FOR PERMIT ./11/3 (REV. 2) 1 4on-unn ~eed *1 [:i kj ~1*- El 03 --1 - â€ž===i 1,-2 1 2814 SF on-Unit Mech.'Lf V./ IR . 1 .88 - 1 1--,1 1 41 -2 68 Res. Mech. rÂ·7Â·-TI 152 SF /11 Retail LeasableArea 11. /. , ~ , ~~J{ RetailleaaableAMÂ»~ 2.- Mil . . 1 Ng[Non 1-F 1497 SF ] ./ I ninntÂ·Irrf~11'~w . ';i./< J UP 1541 SF I lor 1.-011 -dot /6 :11 141 -t-1 111 _141 ~, -ZE]----21 -TL- ~ =1-= r-,c- .-- B O ""' t' B 1 7L_. tra!~--'- -5 5Cio-*vIM~ 2 2 ~2:i, Retail leasable Area 3272 SE - Di-- L, 1 31 , P -- 4834 SF 1 1 * 6- i 4<~; 33 -~i ~~ 01..~ 1~~~> F 1 : NET LEASABLE/ ihlit.1 * i 1010 SF I It co m 13 j A 4 r 11 11 A 4 J NET LIVABLE tal 1.......... - - - ---- CALCULATION J A 3 A 3 (A.2 (A.2 1/16" = 190" Al Al PROJECT NO: 11015 ISSUE[}AlE 201300.21 DRAWN BY: Sal, BH, AK TK BOH C~ECKED) BY: DESIGNEDBY: JOHN J. TOYA 03 SECOND FLOOR NET LEASABLE (h FIRST FLOOR NET LEASABLE /-3 BASEMENT NET LEASABLE L.~/ 1/16" = 1Â·-0Â· U 1/16"= 1'4" N ~.7 1/16Â· = 1â€¢-0â€¢ ' 1 AO.11 3k100 N3dSV opeioloo LuadsÂ¥ 0,11,01~3 ~~InARC-,E[7,A,-Cor*A /14-1.22 Clf- F..crilng ONLY'/14. 11.,69,6 .6Â®414 1 K E KLIGERMAN BARKLEY ARCHITECTS, P.C. BENTON- SANFRANCIS(JO CA 9410~ 427 BRYANT SmEE-T TEL 415Â·371-1850 EXISTING NET LEASEABLE WWW./.COM FAX 212-26&- 5679 CALCULATION CHART (GROSS) LEVEL NET LEASEABLE 0 0 0 44(0& 2497 sf FIRST FLOOR 1 6 6 T,~AWkAÂ·"-1 SECOND FLOOR 1990 sf Â£/3 4[-2 4 - 0-1{Fr- 2 /2.JZ/5F r uu.FE,/) D- -St E--1â€¢00FBELâ‚¬w- fi~-1-~ ~Ve ==d 42= i (3 - 21, JAJ* 1 ~11-01 M THIRD FLOOR 715 sf 1 ,.Â»*_r . ' -ZF~~91,rwle, ' 2 % G/4 . //.I EAdll ' TOTALS 2497 + 1990 + 715 1 ..71 p-44 -~ 3 = 5202 sf .% (ciÂ» - -1-41]T f - (B.8 V 11..al U B.8 . 1 ..J C==1 1 1 1 & 14 - 77-11 16 i %1 -mr ~i ~n ~,11 Leaseable- 2-FLI A-41 11,-Ule IW Il I lego SF . ====7 Zj5-5.E_-1_ 1 _ 2497 SF 1 26 14 SF 8 - - - -- 4 LITTLE ANNIE - 13 ' r,8 11 [1 fÂ« - ''' *f =.1 EXISTING NET LEASEABLE CALCULATION CHART (GROSS) (A,Â« - _ --40-3 4 3 U - 1-- - SKYLIGHI A.4 1 11 - 7-4*1- *LE - 69 -liq- 11 _ - - .1 LEVEL NET LEASEABLE A.Â£ 11 ROOF 4-45-- - r f A'45' J FIRST FLOOR 2814 sf 4-j 1-7 rYj-Iii'-RQfLOOR EXISTING_NET.LEA@ABLE 01 SECOND FLOQR EXISTING NET LEASABLE (~pBRST FL~R EMLSTING NET LEASABLE 43 1/16"= 1-0' 2171Â¥= 1'-0Â· .j 1/16" 21'-Aâ€ž - NO REVISION DATE 1 CONSTRUCTIONSET 00/21/13 2 FOUNDATION' 08/21/13 1ST FLOOR STEEL - 4 SHELL 10/24~13 CONS'/UCTION 6 AS!-001 11fo,1/13 0 lilli 11=13 7 AS'004 11/1.3 8 ISSUE FOR PERM/ 1011/13 (REV. 2) NET LEASEABLE CALCULATION - EXISTING 1/16 . - 4. a.1 PROJECT NO 11015 181Â£ DATE: 201108.21 ORAWNBY 81,1. BH, Alt TK 8011 CHECKED BY DESIG~*ED BY. JOHN J. TOYA AO.11A opeloloo 'uedsv HOO N3dSV MIED,4,~ C-A 2014-1-22 0,- Fâ‚¬,2-DONLY Â»14. Ndm 991 â€¢106. Chris Bendon From: Stan Clauson [stan@scaplanning.com] Sent: Tuesday, October 09, 2012 4:26 PM To: Chris Bendon CC: Nikos Hecht (nhecht@aspenadvisorsllc.com), Andy Hecht (ahecht@garfieldhecht.com), Dave Lenyo (dlenyo@garfieldhecht.com); Don Carpenter (don@projectresourceco.com) Subject: Aspen Core Request for SIA Recording Extension Attachments: image003.jpg Chris- On behalf of Aspen Core Ventures, LLC, I am writing to formally request an extension of the Subdivision Improvement Agreement and Plat requirement pursuant to Section 26.445.070(A) of the City of Aspen Land Use Code. According to this provision, the Community Development Director may extend the recordation date to a date within the period of vested rights for the project. In this case, vesting will expire on on 12 April 2015, which is three (3) years from the issuance of a Development Order by the Community Development Department. We have submitted a Subdivision Plat, SIA Document, and accompanying SIA Plans on 9 October 2012. These items are currently under review by Community Development staff. In an e-mail dated 5 October 2012, you provided a recording extension until 16 October 2012. However, in order to provide sufficient time for this staff review and for any changes or corrections that may be required prior to execution by all parties, we are requesting a fourteen (14) day extension to 23 October 2012 for full recordation of the aforementioned documents. Your attention to this matter and formal concurrance is greatly appreciated. Very truly yours, Stan Clauson Stan Clauson, AICP, ASLA Ahew throudk STAN CLAUSON ASSOCIATES INC landscape architecture. planning . resort design /244:8, 237 C 'WIL . 4.12 N. Mill Street Aspen, Co,orado 8161 ' t. 970/925.2323 f. 970/920.1628 St Â·:nÂ·'i~- ~ Â·~~* 'pl' 'ning,Cer-' wwg....s..c.co.planning....C..09.1. (0 Please consider the environment before printing this email, Approved lid Fit~UNon /7 8 Facebook Quappu I-date:~102/ - Chris Bendon, AICP Community Development Director City of Aspen Email secured by Check Point 1 Sara Adams From: Chris Bendon Sent: Friday, October 05, 2012 6.16 PM To: Don Carpenter CC: Sara Adams Subject: Re: Aspen Core SIA Don: Yes, that's fine. Hereby extended through Oct. 16th. Chris. Sent from my iPad On Oct 5, 2012, at 4:22 PM, "Don Carpenter" <don@projectresourceco.com> wrote: > Chris, > > It looks like everything is going to come together for the Core SIA recordation on Tuesday, 10/9. To buy a bit of breathing room, though, can we file for a 7 day extension? > > Thanks. Let me know as soon as you can. > > Don > > Sent from my iPhone > Email secured by Check Point 1 RECEPTION#: 586790, 02/17/2012 at 10:34:13 AM, 1 OF 24, R $126.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pitkin County, CO ORDINANCE #5 (Series of 2012) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING HISTORIC LANDMARK DESIGNATION, SUBDIVISION, GROWTH MANAGEMENT REVIEW, CONCEPTUAL COMMERCIAL DESIGN REVIEW, BENEFITS THROUGH THE ASPENMODERN PROGRAM, AND A SITE SPECIFIC DEVELOPMENT PLAN FOR THE PROPERTIES LOCATED AT 517 EAST HYMAN AVENUE, 521 EAST HYMAN AVENUE, AND THE PARKING LOT ON THE CORNER OF HUNTER AND HYMAN STREETS, LEGALLY DESCRIBED AS LOTS E - I, BLOCK 95, INCLUDING UNITS 1,2 AND THE COMMON AREA OF THE BENTON BUILDING CONDOMIUMUMS, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID NUMBERS: 2737-182-54-001 2737-182-54-002 2737-182-54-800 2737-182-24-002 2737-182-24-004 WHEREAS, the applicant, Aspen Core Ventures, LLC, represented by Stan Clauson Associates, Inc., submitted an application, pursuant to Section 26.415.025(C), AspenModern Properties, of the Aspen Municipal Code, to voluntarily participate in the AspenModern ninety-day negotiation period for the properties located at 517 East Hyman Avenue (Lot E, Block 95) (the "Little Annie's Building"), 521 East Hyman Avenue (Units 1 and 2 of the Benton Building Condominium, aka Lot F, Block 95) (the "Benton Building") and the parking lot located at the southwest corner of Hunter an~ Hyman Streets (Lots G, H and I Block 95); and WHEREAS, the subject properties are located within the designated boundaries of the Commercial Core Historic District as described in City Council Ordinance number 49, series of 1974; and WHEREAS, the applicant submitted a letter dated November 29, 2011 requesting that the City and the applicant negotiate the possible voluntary designation of the Little Annie's and Benton Buildings to add them as individual landmarks to the Aspen Inventory of Historic Landmark Sites and Structures in exchange for specific benefits through the AspenModern program; and WHEREAS, pursuant to Â§26.415.025.C(1), the ninety-day AspenModern negotiation commenced on November 29,2011; and WHEREAS, Â§26.415.025. CO )(b) states that, during the negotiation period, "the Community Development Director shall confer with the Historic Preservation Commission, during a public meeting, regarding the proposed building permit and the nature of the property, The property owner shall be provided notice of this meeting;" and 517 and 521 E. Hyman Avenue Ordinance #5, Series of 2012 Pagel of 15 WHEREAS, the property owners' representative met with the Historic Preservation Commission (the HPC) on December 7, 2011, and December 14,2011; and WHEREAS, at their regular meeting on December 14, 2011, the HPC considered the application; found that 517 E. Hyman Avenue was a "best" example of Rustic style; and that 521 E. Hyman was a "better" example of Organic/Wrightian style; evaluated the designation and proposed development; and, found that the policy objectives for the historic preservation program stated at Â§26.415.010, Purpose and Intent are met, and recommended City Council ("Council") approval of Historic Landmark Designation, Conceptual Commercial Design Review and requested benefits and fee waivers as stated in HPC Resolution numbered 16,17 and 18, Series of 2011; and WHEREAS, Â§26.415.025.C(1)(d), states that, during the negotiation period, "Council may negotiate directly with the property owner or may choose to direct the Community Development Director, or other City staff as necessary, to negotiate with the property owner to reach a mutually acceptable agreement for the designation o f the property"; and WfIEREAS, the property owner's representative met with City Council during their regular meeting on January 9, 2012 at which time City Council voted four to one to negotiate for landmark designation and appointed two City Council representatives to meet directly with the property owner regarding the negotiations; and WHEREAS, the two City Council representatives appointed by City Council met with the property owner and Community Development Staff regarding negotiations; and WHEREAS, the property owner, the Community Development Director, City staff, and the two City Council representatives designated by City Council to negotiate with the property owner have directed City staff to prepare an ordinance containing the terms of a proposed mutually acceptable agreement for the designation of the properties for approval or disapproval pursuant to Â§26.415.030D(4); and WHEREAS, Â§26.415.025.C(1)d establishes that "as part of the mutually acceptable agreement, the City Council may, at its sole discretion, approve any land use entitlement or fee waiver permitted by the Municipal Code and may award any approval that is assigned to another Board or Commission, including variations;"and WHEREAS, the property owner requests voluntary Landmark Designation - Â§26.415.030(C), AspenModern; Subdivision review - Â§26.480.040(CD Subdivisions: Growth Management review - Â§26.470.070(1); Enlargement of an historic landmark for commercial, lodge or mixed use development; Certificate of Appropriateness for Major Development Conceptual - Â§26.415.070(D)(3); Conceptual Development Plan Review; and, Conceptual Commercial Design Review - Â§26.412,040(A)(2), Conceptual Design Review; a\\ to be consolidated with the AspenModern ninety-day negotiation process and reviewed by City Council; and 517 and 521 E. Hyman Avenue Ordinance #5, Series of 2012 Page 2 of 15 WHEREAS, in addition to Historic Landmark Designation, Subdivision, Growth Management, Certificate of Appropriateness for Major Development Conceptual, and Conceptual Commercial Design Review the applicant had identified preservation incentives that are requested as part of the AspenModern negotiation process in a letter dated November 30, 2011. Those incentives requested include: the ability to construct a 7,500 square feet floor area free market residential unit; acknowledgement that the housing mitigation required for the new mixed use building will be satisfied by the preservation and remodeling of the Benton Building and the preservation of the Little Annie's Building; acknowledgement that the commercial parking requirement would be satisfied by the preservation and remodeling activities described above; a waiver of Park Development Fees and Air Quality/Transportation Demand Management fees; and, a reduction of required Public Amenity space from 1,500 sq. ft. to 405 sq. ft. and a waiver of public amenity cash in lieu fee; and WHEREAS, the Community Development Department performed an analysis of the application including Landmark Designation, Subdivision Review, Growth Management Review, Certificate of Appropriateness for Major Development Conceptual Review, and Commercial Design Standard Conceptual Review and found that the review standards are met. The staff report analyzed the proposed preservation incentives and monetary value of the benefits where possible; and WHEREAS, the City Council finds that the proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and elements o f the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AS FOLLOWS: Section 1: Approvals and Proiect Phasing: a. Approvals. Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves 1Iistoric Designation, Subdivision, Growth Management Review, Certificate of Appropriateness for Major Development Conceptual, Commercial Design Review Conceptual and a site specific development plan subject to the conditions described herein. b. Project Phasing. The applicant shall be permitted to restore the Benton Building and complete the construction of the mixed use addition during different construction phases for the overall project approved by this Ordinance. All mitigation requirements stated in this Ordinance, with the exception of the off-site affordable housing unit, shall be due and payable at the time of issuance of a building permit for the mixed use addition. 517 and 521 E. Hyman Avenue Ordinance #5, Series of 2012 Page 3 of 15 Section 2: Historic Landmark Designation Historic landmark designation is granted for 517 East Hyman Avenue (Lot E, Block 95) aka "Little Annie' s" , 521 East Hyman Avenue (Units 1 and 2 of the Benton Building Condominium, Lot F, Block 95) aka "the Benton Building." The historic landmark designation encompasses the entire newly created 15,000 square feet parcel legally described as Lots E, F, G, H and I, Block 95, City and Townsite of Aspen, Colorado. Moreover, the property owner has committed to a restoration of the fagade and other important exterior elements of the Benton Building, as shown on the plans dated February 13,2012. Upon the effective date of this ordinance, the City Clerk shall record with the real estate records of the Clerk and Recorder of the County, a certified copy of this ordinance. The location of the historic landmark property designated by this ordinance shall be indicated on the official maps of the City that are maintained by the Community Development Department. Section 3: Subdivision Pursuant to the procedures and standards set forth in Title 26 of the City of Aspen Municipal Code, the Aspen City Council hereby approves Subdivision of the properties located at 517 East Hyman Avenue (Lot E, Block 95), 521 East Hyman Avenue (Units 1 and 2 of the Benton Building Condominium, aka Lot F, Block 95) and the parking lot located at the southwest corner of Hunter and Hyman Streets (Lots G, H and 1, Block 95) to merge the lots into one lot as follows: AspenCore, Lot 1 - Lots E, F, G, H, and I of Block 95, City and Townsite of Aspen containing two buildings including: 1) a mixed use building that includes an addition to 521 East Hyman Avenue aka "the Benton Building" and 2) a one story commercial building at 517 East Hyman Avenue aka "Little Annie's." A final Subdivision Plat and Subdivision Agreement that meets the requirements of Land Use Code Â§ 26.480, Subdivision, shall be recorded in the Pitkin County Clerk and Recorder' s Office within 180 days of the receipt of a Certificate of Appropriateness for Major Development by the Historic Preservation Commission. A building permit may be submitted prior to the recordation of the Subdivision Plat and Agreement, but may not be issued until said Plat and Agreement are recorded. Subdivision Agreement shall include at a minimum the following information: 1. An illustrative site plan of the project depicting the proposed improvement and the approved dimensional requirements. 2. A grading and drainage plan for the property. 3. Approved landscape plan. 4. Pedestrian enhancement plan. ~ 't*) Commitment to complete or actual completion of the restoration of the Benton Building pursuant to plans dated February 13, 2012 prior to receiving a certificate of occupancy or a conditional certificate of occupancy for any portion of the new mixed use building. J~.) Commitment to provide $2 million toward the Benton Building (interior, exterior, soft costs and hard costs, including restoration of the fagade) and a process to account for the funds. Applicant shall restore Benton Building to its original appearance and contribute at 517 and 521 E. Hyman Avenue Ordinance #5, Series of 2012 Page 4 of 15 adj least $2 million towards the Benton Building. If restoration costs less than $2 million, then the remainder of the funds goes to the City for Historic Preservation efforts. 7. Commitment to complete all Public Improvements. Section 4: Financial Assurances Before the Applicant is issued a Building Permit for the mixed use addition to the Benton Building the Applicant shall provide to the Community Development Department the following: a. Cost Estimates. Applicant's General Contractor shall cause to be prepared, and certified as correct, cost estimates for all improvements or development for which a Building Permit js required. The cost estimates for the Public Improvements described herein at Section 18 shall be reviewed and approved by the City Engineer. The cost estimates for the implementation and maintenance of the landscape plan described herein at Section 13 shall be reviewed and approved by the Parks Department. The cost estimates for all other improvements and development in the Subdivision shall be reviewed and approved by the Building Department. Cost estimates for the landscape plan and the Public Improvements shall be shown separately from the cost estimates for all other improvements and development of the Project. Owner shall be responsible for the implementation and maintenance of the landscape plan and construction and installation of all Public Improvements required by this Ordinance. b. Public Improvements and Landscaping Guarantees. Pursuant to and in conformance with the requirements of Â§ 26.480.070(C) & (D) and Â§ 26.445.070 (C)(3) & (4) of the Aspen Municipal Code; and, in order to secure the performance o f the obligations of the Applicant to implement and maintain the Landscape Plan and to ensure the installation of the Public Improvements, Applicant shall provide a guarantee of no less than one hundred and twenty five percent (125%) of the estimated cost of such Landscape Plan and Public Improvements, as determined and approved in subsection (a), above. The guarantee to implement and maintain the Landscape Plan and to complete Public Improvements shall be made by depositing with the City an irrevocable letter of credit with provisions as hereinafter set forth, or by providing such other security that may be acceptable to the City attorney. If an irrevocable letter of credit is used, the irrevocable letter of credit shall be retained by the City until satisfaction of Applicant's obligations under this Section or earlier released by the City. The letter of credit shall be issued by a financial institution doing business in Aspen, Colorado, or such other bank as shall be approved by the City; shall have an expiration date no earlier than two years after its date of issue; and shall provide that it may be drawn upon from time to time by the City in such amount or amounts as the City may designate as justified, such amounts not to exceed, in the aggregate, the amount of the letter of credit, Draws under any such letter of credit shall be by a certificate signed by the City Manager of the City of Aspen, or his designee, stating that the City is entitled to draw the specified amount under the terms ofthis Section. 517 and 521 E. Hyman Avenue Ordinance #5, Series of 2012 Page 5 of 15 c. Other Improvements and Development. With respect to all other improvements or development within the Project, the Applicant shall provide evidence satisfactory to the Community Development Department and the City Attorney's Office that the Applicant has in place sufficient financing to accomplish and complete all the development for which a Building Permit is sought. Such financing may include, without limitation, a construction loan from an institutional lender or lenders and equity capital investments from the Applicant or third party investors, The City Attorney shall have sole discretion in determining if the proposed financing as advanced by the Applicant is sufficient to complete the development activity for which a Building Permit is sought. d. Financial Assurances for Completion of the Project, The Applicant further commits and agrees that before any Building Permit (including demolition, access/infrastructure, and/or site preparation permits) is issued for the Project approved by this Ordinance, the Applicant shall provide to the City Building Department and the City Attorney for review and approval a copy of a Performance Bond issued or committed to be issued to the Applicant's General Contractor by an institutional surety company pursuant to which the surety agrees to provide the funds necessary to complete the construction of the improvements covered by the Building Permit, and all public improvements required under the Subdivision/PUD Agreement, or by providing such other security that may be acceptable to the City attorney. If a Performance Bond is used, the Performance Bond shall name the Applicant and the City of Aspen as additional beneficiaries or insureds thereunder to grant to either or both of them a direct right of action under the Performance Bond in order to construct or finish public improvements, and to complete the construction of the improvements covered by the Building Permit. Section 5: Site Protection Fund The Applicant hereby commits and agrees that before any Building Permit (including demolition, access/infrastructure, and/or site preparation permits) is issued for the Project approved by this Ordinance, the Applicant shall deposit with Pitkin County Title, Inc. ("Escrow Agent") the sum of $250,000 in the form of cash or wired funds (the "Escrow Funds") and will execute an Escrow Agreement and Instructions with the Escrow Agent which recites and agrees as follows: "In the event construction work on the Project shall cease for sixty (60) days or longer ('work stoppage') prior to a final inspection by the City of the work authorized by the Foundation/Structural Frame Permit on the Project, then the City in its discretion may draw upon the Escrow Funds from time to time as needed for purposes of protecting and securing the Project site and improvements from damage by the elements and/or from trespass by unauthorized persons, and for purposes of improving the Project site to a safe condition such that it does not become an attractive nuisance or otherwi se pose a threat to neighbors or other persons." 517 and 521 E. Hyman Avenue Ordinance #5, Series of 2012 Page 6 of 15 The Escrow Funds or any remaining balance thereof shall be returned to Applicant upon completion by the City of a final inspection of the work authorized by the Foundation/Structural Frame Permit on the Project. Section 6: Approved Dimensional Requirements The buildings as presented in the plans dated February 13, 2012 and attached as Exhibit A to this Ordinance comply with the effective dimensional allowances and limitations of the Commercial Core (CC) zone district as modified below, Compliance with these requirements shall be verified by the City of Aspen Zoning Officer at the time of building permit submittal. The following dimensions are approved: Minimum Lot Size: 15,000 square feet Minimum Lot Width: 150 feet Minimum Front Yard Setback: 0 feet - Hyman Avenue Minimum Side Yard Setback: 0 feet - Hunter Street Minimum Rear Yard Setback: 0 feet - Alley Minimum Trash/Recycle Area: Alley frontage of 23 linear feet with 10 feet vertical clearance and 10 feet deep Maximum Building Height: 41 feet for three story elements Minimum Pedestrian Amenity: Accommodated partially onsite and with the completion of a Pedestrian Improvement Plan as described in Â§ 7 herein. Maximum Allowable Floor Area: 33,005 square feet Maximum Commercial Floor Area: 24,055 square feet Maximum Net Leasable Commercial Area: 22,153 square feet Maximum Residential Floor Area: 8,950 square feet total free rnarket residential allocated as follows: 6,950 square feet for Unit 1 and 2,000 square fuet for Unit 2 Maximum Residential Net Livable Area: 7,605 square feet total: 6,063 square feet for Unit 1 and 1,542 square feet for Unit 2 517 and 521 E. Hyman Avenue Ordinance #5, Series of 2012 Page 7 of 15 Residential Units: 2 units Minimum Off-Street Parking Spaces: 3 spaces Minor adjustments to the dimensions represented above may occur upon review of a building permit as long as the resulting dimensions do not exceed those approved through this ordinance. ~ Decks are approved as shown in the plans attached as Exhibit A dated February 13, 2012. If an application is submitted by the owner, the residential floor area and residential net livable area described above for Unit 1 may be divided into two units through an administrative approval by the Community Development Director. The residential floor area and residential net livable area described above may not be increased without approval by City Council. Growth Management mitigation for the third free market residential unit is required and shall be in the form of a cash in lieu payment calculated at the time of building permit submittal for the third unit. Section 7: Affordable Restaurant Deed Restriction: The site currently occupied by Little Annie's Restaurant (the "Restaurant Site") shall be restricted in perpetuity by a deed restriction approved by the city Attorney and thereafter recorded . with the Clerk and Recorder's Office of Pitkin County so that the Restaurant Site may be used only for the operation of a "low-priced restaurant" (as hereinafter defined). Future rent for the Restaurant Site shall not exceed rent for the current year, as adjusted each calendar year thereafter by an amount equal to the percentage increase, if any, in the CPI-U, U.S. City Average, All Items, (1982-84=100) Consumer Price Index (the "CPI"), over the CPI in effect for the month and year of the effective date of this ordinance. For purposes of this paragraph, the term "low- priced restaurant" means a restaurant offering menu items priced not more expensively, on a relative basis when compared to other sit down restaurants in Aspen, Colorado, than the current menu prices. A copy of the current menu prices at the Restaurant Site shall be kept and maintained by the City of Aspen Community Development Department which shall constitute conclusive evidence of the current menu prices. Any other uses, including other uses allowed in the CC Zone District as a matter of right, or any greater increases in rent shall be permitted only upon the agreement of the Owner and the City. The deed restriction shall be recorded prior to granting a certificate of occupancy for the mixed use addition. The applicant shall make a reasonable good faith effort to find a tenant for the space. Section 8: Impact and Development Fees: Public Amenity Space The open space in front of the Benton Building qualifies as Public Amenity space and meets a portion of the requirement, Pursuant to Land Use Code Subsection 26,575.030.c.2, Public Amenity, the Applicant commits to provide the remaining 7.3% of the public amenity requirement off-site through the completion of a pedestrian improvement plan. The pedestrian improvement plan shall provide extensive improvements to the Hyman and Hunter Streets right-of-ways and is subject to approval by the Parks, Community Development and Engineering Departments. The improvements shall be installed at the cost of the Applicant and shall be in addition to the basic street, curb, gutter, sidewalk and landscaping improvements required under the Municipal Code. 517 and 521 E. Hyman Avenue Ordinance #5, Series of 2012 Page 8 of 15 r. A todiff A/-#ts The property owner has agreed to undertake an architectural study to see if it is reasonably possible (CY) to provide accessibility in accordance with Building Code requirements to the Little Annie's 1-j' building without disrupting existing restaurant operations. Parks Development and Air Oualitv/TDM Impact Fees Pursuant to Land Use Code Â§ 26.610.030, Exemptions, development involving a property listed on the Aspen Inventory of Historic Landmark Sites and Structures is exempt from the Parks Development and Air Quality/TDM Impact Fees. School Lands Dedication Before the Applicant is issued a Building Permit, the Applicant shall pay a fee-in-lieu of land dedication pursuant to Chapter 26.620, School Lands Dedication. The amount of the fee shall be calculated by the Community Development Department using the calculation method and fee schedule in effect at the time the applicant submits a Building Permit. Parking Pursuant to Land Use Code Â§ 26.515, Parking, new net leasable area is required to mitigate parking impacts either through onsite spaces or cash in lieu. The Applicant agrees to pay the following cash in lieu fee prior to the building permit issuance: 15,859 sq. ft. net leasable/ 1,000 sq. ft. = 15.8 parking spaces required 15.8 spaces required - 3 onsite spaces provided = 12.8 parking spaces 12.8 x $30,000/space = $384,000 An increase to the 15,859 square feet of net leasable area described above shall require additional cash in lieu payment according to the above methodology. Section 9: Employee Generation and Mitigation The existing net leasable calculation for both the Benton Building (521 E. Hyman Avenue) and Little Annie's (517 E. Hyman Avenue) is 7,505 square feet. City Council hereby grants a credit of commercial net leasable for the preservation of these buildings. Pursuant to Chapter 26.470, Growth Management, of the Aspen Land Use Code historic landmarks are eligible for growth management benefits. As such the two free market residential units are permitted without affordable housing mitigation for the historic preservation of two buildings. Following is a calculation of the affordable housing requirement and the manner in which it is proposed to be provided. Existing Commercial Net Leasable Calculation: Benton Building Main Level 2,375 x 4.1 FTEs/1,000 s.f. = 9.7375 FTEs 517 and 521 E. Hyman Avenue Ordinance #5, Series of 2012 Page 9 of 15 Benton Building Upper Floors: 2,670 x 3.075 FTEs/1,000 s.f. = 8.21025 FTEs Total Benton Building existing net leasable = 17.94775 FTEs Little Annie's Main Level 2,460 x 4.1 FTEs/1,000 s.f, = 10.086 FTEs Preservation credit for existing net leasable 17.94775 +10.086 = 28.03375 FTEs New Commercial Net Leasable Calculation: Main Level (6,096 x 4.1 FTEs)/1,000 sq. ft. = 24.9936 FTEs Upper Floors and Basement Level (9,763 x 3.075)/1,000 s.f. = 30.021225 FTEs Total new commercial net leasable = 55.014825 FrEs Calculationfor the enlargement of a historic landmarkfor mixed use development: 55.014825 - 28.03375 = 26.981075 Total FTEs The first 4 employees require 0 mitigation; 2 landmarks means the first 8 employees require 0 mitigation: 0 FTEs generated for first 8 employees. The second 4 employees require mitigation at 30%; 2 landmarks means the second 8 employees require 30% mitigation 8 x 30% = 2.4 FTEs generated for the second 8 employees. The remaining employees are mitigated at 60%. 26.981075 -(2 x 8)= 10.981075 10.981075 x 60% = 6.588645 FTEs 0 + 2.4 + 6.588645 = 8.988645 employees to be housed bv this proiect. The project is required to provide housing mitigation to house 9 employees, and has represented a commitment to pay cash in lieu for approximately 80% of the total mitigation, 7.25 FTEs, which equals (7.25 x $139,890) = $1,014,202.50 and approximately 20% of the total mitigation, 1.75 FTEs, shall be provided in the form ofan offsite unit or affordable housing credits. 517 and 521 E. Hyman Avenue Ordinance #5, Series of 2012 Page 10 of 15 The offsite unit shall meet the requirements of the Aspen Pitkin County Housing Authority Guidelines and shall be deed restricted in accordance with Aspen Pitkin County Housing Authority requirements at Category 4 or lower. A Certificate of Occupancy shall be granted and a deed restriction shall be recorded for the offsite housing unit prior to the issuance of a Certificate of Occupancy or a Conditional Certificate of Occupancy for the mixed use addition. If applicable, affordable housing credits shall be extinguished prior to a Certificate of Occupancy for the mixed use addition. Section 10: Growth Management Quota System Allotments The following Growth Management allotments are hereby granted to the Project: a. Residential Free Market - 2 units b. Commercial Net Leasable -15,859 square feet Section 11: Design Review Conceptual Commercial Design Review and Certificate of Appropriateness for Major Development Conceptual including mass, scale and height of the project is hereby granted as presented in the plans dated February 13, 2012 attached as Exhibit A to the Ordinance. Final Commercial Design Review as described in Land Use Code Â§ 26.412, Commercial Design Review, and a Certificate of Appropriateness for Major Development Final as described in Land Use Code Â§ 26.415.070 Development involving designated historic properties, are required to be granted by the Historic Preservation Commission prior to the issuance of a Development Order. Section 12: Building Permit The applicant may not submit a Building Permit Application, with the exception of a building permit for the Benton Building exterior restoration and interior remodel, until the requirements in Land Use Code Â§ 26.304.075, Building Permit, are fulfilled. The building permit application shall include the following: 1. A copy of the Development Order issued by the Community Development Department (see Â§ 26.304.075(A)(2), City of Aspen Municipal Code.) 2. A copy of the final City Council Ordinance and HPC Resolutions. 3. The conditions of approval shall be printed on the cover page of the Building Permit set. 4. A fugitive dust control plan to be reviewed and approved by the City Engineering Department. 5. An excavation-stabilization plan, construction management plan (CMP), drainage and soils report pursuant to Engineering and Building Department requirements. 6. A grading report pursuant to Engineering Department requirements. 7. Accessiblity and ANSI requirements shall meet adopted Building Code requirements. 8. Evidence that the landscape plan received approval from the Parks Department. 9. Evidence that the cost estimates for the landscaping plan and Public Improvements received approval from the Community Development Department. 10. Evidence that the Financial Assurances and Site Protection Fund commitments, set forth at Section 4&5 above, have been met. 517 and 521 E. Ilyman Avenue Ordinance #5, Series of 2012 Page 11 of 15 Section 13: Engineering The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21, Title 28, and all construction and excavation standards published by the Engineering Department. A construction management plan must be submitted in conjunction with the building permit application. A completed drainage report/plan as outlined in the Urban Runoff Management Plan shall be submitted and approved prior to recordation of Final Plat and building permit issuance for the mixed use addition. A complete grading report shall be submitted and approved prior to recordation of Final Plat. Failure to meet the standards in Title 21 and Title 28 may result in a physical change to the project and possible review by City Council and/or HPC to amend the design. Any transformers, telephone pedestals and any other above ground utility boxes will need to be located on the property instead of the ROW. Section 14: Parks 1, The Parks Department shall review and approve a Landscape Plan prior to building permit submittal for any phase ofthe project. 2. Landscaping in the public Right-of-way (ROW) shall be subject to landscaping in the Right-of-way requirements, Aspen Municipal Code Chapter 21.20. All plantings within the City Right-of-way must be approved by the City Parks Department prior to installation. 3. Right-of-way requirements necessitate adequate irrigation pressure and coverage, i f a system is not in place one will need to be added. 4. An approved tree removal permit shall be required before any demolition or access infrastructure work occurs. Section 15: Fire Mitigation Before the Applicant is issued a Building Permit, the Applicant shall obtain the approval of the Fire Marshal of a Fire Protection Plan which shall include the following elements: 1. Compliance with all codes and requirements of the Aspen Fire Protection District 2. Sprinkler, fire alarms and carbon monoxide alarms are required. (IFC as amended Section 903 and 907) 3. Documentation that the proposed development has sufficient volume and pressure of water for the sprinlders or other fire suppression system adequate to satisfy the District's standards for the type of structures proposed by the approved development. This requirement shall be satisfied by an analysis acceptable to the Water Department which demonstrates system delivery capacity of existing water distribution system at the Water Departments' main water to the approved development of no less than 3,000 gallons per minute. 4. An overall access plan for the site. Section 16: Sanitation District Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. 517 and 521 E. Hyman Avenue Ordinance #5, Series of 2012 Page 12 of 15 Section 17: Water Department The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water conservation and Plumbing Advisory Code) of the Aspen Municipal Code in place at the time of building permit submittal, as required by the City of Aspen Water Department. Each of the units within the mixed use building shall have individual water meters. Section 18: Exterior Lighting All exterior lighting shall meet the requirements of the City's Outdoor I,ighting Code pursuant to Land Use Code Â§ 26,575.150, Outdoor Lighting. Section 19: Public Improvements The Applicant has agreed to perform certain Public Improvements and completion of said Public Improvements is hereby made a specific condition of the approval of this Ordinance. Applicant shall faithfully complete the Public Improvements listed below before the Applicant is issued a Certificate of Occupancy or a Conditional Certificate of Occupancy by the Building Department for the mixed use addition. The determination of satisfactory completion of the Public Improvements shall be within the sole discretion of the City Engineering or Building Departments. Applicant shall confirm its agreement to complete all Public Improvements in the Subdivision Agreement, The following are Public Improvements the Applicant has agreed to complete: a. compliance with the parks improvements, including a Landscape Plan, referenced in Â§14 herein, b. the public amenity requirement set forth at Â§ 8 herein Section 20: Vested Rights The development approvals granted herein shall constitute a site-specific development plan and a vested property right pursuant to Land Use Code Section 26.308.011 attaching to and running with the Subject Property and shall confer upon the Applicant the right to undertake and complete the site specific development plan and use of said properly under the terms and conditions of the site specific development plan including any approved amendments thereto. The vesting period of these vested property rights shall be for three (3) years which shall not begin to run until the date of the publications required to be made as set forth below. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Â§ 26.104.050, Void Permits. Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. For purposes of this provision, the submission and acceptance of a building permit application for the restoration of the Benton Building as part of the enlargement of a historic landmark that is deemed complete by the Chief Building Inspector pursuant to Land 517 and 521 E. Hyman Avenue Ordinance #5, Series of 2012 Page 13 of 1 5 Use Code Section 26.304.075 shall prevent the expiration of the vested rights of the applicant and any related development orders under Land Use Code Section 26.304.070.D. No later than fourteen (14) days following final approval of this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to Chapter 26.308, Vested Property Rights. Pursuant to Â§ 26.304.070(A), Development Orders, such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 517 East Hyman Avenue (Lot E, Block 95), 521 East Hyman Avenue (Units 1 and 2 of the Benton Building Condominium, aka Lot F, Block 95) and the parking lot located at the southwest corner of Hunter and Hyman Streets (Lots G, H and I Block 95), by Ordinance ofthe City Council of the City ofAspen. Nothing in this approval shall exempt the Development Order from subsequent reviews and approvals required by this Ordinance of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this Ordinance. The vested rights granted hereby shall be subject to all rights of referendum and judicial review. The period of time permitted by law to exercise the right of referendum to refer to the electorate this Section of this Ordinance granting vested rights; or, to seek judicial review of the grant of vested rights shall not begin to run until the date of publication of the notice of final development approval as set forth above. The rights of referendum described herein shall be no greater than those set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 21: Al} material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Historic Preservation Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 22: This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 23: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a 517 and 521 E. Hyman Avenue Ordinance #5, Series o f 2012 Page 14 0 f 15 separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof, rhe City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder, Section 24: A public hearing on this ordinance shall be held on the 1301 day of February, 2012, at a meeting of the Aspen City Council commencing at 5.00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 6th day of February, 2012. Michael C. Ireland, May~ 0.1/bal'L Kathryn Koch,~ty Clerk FINALLY, adopted, passed and approved this 13th day of February, 2012. 4~ ~At'/ Michael C, Ireland,Gayor AT*JQT 9 gh-4-Z .- 1 Kathryn Koch,Mity Clerk \' V APPROVED AS TO FORM: 5557 - - / 57â‚¬.422% C.V.4->â‚¬1 Qt,- ~John Worcester, City Attorney Exhibit A: Plans representing dimensional requirements. 517 and 521 E. Hyman Avenue Ordinance #5, Series of 2012 Page 15 of 15 5446& A: ?6,0 y,Fie,111M f T 7 5 7 + f li-#MI rWN-h f---/4 -it 1 1 â‚¬) --- -- . =rti,i // /71(/ 1/X ~ RETI | ./JI *GE i GAAAGE 2 1 (iÂ»- ---- r.-El -Ir--74 1 *Vibwid - = 1 23:- -1 In- , 1â‚¬55VORED U~ .~4ia 513 â€¢ . m Be~T' ~Na OWÂ«*) METAL =,1 h 1 . .. 1 11 27 j U T-- '7913 (i)- - 1 1 0 6 i+4 FIRST FLOOR PLAN 1/8'+ =1Â·/ IKE 11,GERMAN BARKLEY ASPEN CORE Al Aspen Colorado 2/13/12 ARCHITECTS, P C. Â®f CD e 1) 7 7 1- 1 1&2 1 â€¢,r I i =mi = Cynce Adi ./ U t.eff-- -- - -------- --- ---~ ~~ -CD 1 (Â©- ----I -1 -------- - - - 7..T=.4 .. 1 RE='211'L | I 1 ' 1L1.L~- - 1 V . 1 1 0 0 2 00 SECOND FLOOR PLAN 1/8" = 1'-<r 1 K E KUGERMAN BARKLEY ASPEN CORE A2 Aspen. Colorado 2/1/12 ABOnECrS,Pil. fÂ® 'lim - O 4) fit (D 9Â·?.:* 1;:f/X./'./: 20Â·51 @) .-:::~Dis::i:M!.3.:fi,0:4~F:k: > 3Â·i * 4 I ~:~;22!~:f~1?3?k:B:.. ' 1 1 - - 1 AR ~_ 147Â¥*--730.9"6'~?49} '' : ''4:1: 1 : 4- 2 -13 / &**i 932** - 6 1 1 1=ZE=ZEZE==2=7%-:-93 r :.4 fi .Hit.i }3~*33 1 1.71 n rL i L -V .:154*9*Â§8 r-1 I :i~i~j~-.:*-ri<litiRE:i~ji 6----.___.0 - Â·Â· q Â·dâ€¢ 0 1 THIRD FLOOR PLAN 1/8Â« = 1'-0Â· A3 1 K E KUGERMAN BARKLEY ASPEN CORE ARCH[rECTS, P.C Aspen, Colorado 2/ly12 L 069 - Â® , 1- Â® ~4Â·r/'-e~~Al- 'li' 20EP:'I:k: 1,30.1Â«: i 33 : r''AL.IL.2 1 4/91 1,Â§4199? __1 -, 1 0 -~4~Gur=E U-TU =av A= 1 /== \ 91*&1*&5-~iC:44*43$:tÂ»+>p.Â·.Â»<... ****1*9:349913.-~4 ~L~ I k == 7 =:~Ehe22=5-1 ~.1~ i Â®--- 1 1 --4 6 ---- ---*. -09 1 1 11-- 1 44 1 / ROOF TERRACE AREA: 4,225 sf ROOF PLAN 1/8Â· = 1'Â·[r A4 1 K E KUGERMAN BARKLEY ASPEN CORE ARGÂ·4<rECES.PC. Aspen, Colorado 2/13/12 ff (5) f %-INC CkADDING ' <29 4.-4 n/7 --*19-7392-t TE~ACE ./ - j I M # / * .-IrCLIZIÂ·T-T-- ~-------- --~ 1,Â·77 4 1 . -- "$.9 --i L L L L . 1, 1, b u L L U U LI k ' 1; IJ f GLASGRAILIN. --4 1 ~4-r-Lil=~141 E #c- // 1 1 - TWIF.OOM 1 -.-1- 1 -1-1- A F -1 - 1 ..1 5-- 1 ... ,-f---1 -1--t 1 Li_ U , __-WFC-~-11%,6-jiEV~i~~3 (Tmc~ . _..;~ 1 ' -7-, 9 __., _12".VEL__ 1 2.-- ===con. 1 -=-Â·.1-- 3771A1llfjl3 1 1 1~4 1 1 121717TT =9 Â°- sToREF,orrwrm 1.....'.. . .pou 1 11 I .1//I Rem./.mill'Irm -k-ALUMINUM STOREFRON T ~MIH __.) ,-NARANIS,1..1 Mk: rAM.h\4 I FNÂ«hWA 1 AkdAitWUV?li k.414'1,,ekÂ· lukilt 40 tm %01 rwiwÂ· HUNTER STREET ELEVATION 3/16" = 1'4 A5 1 K E KLIGERMAN BARKLEY ASPEN CORE ARCHITECTS, P.C. Aspen. Colorado 2/13/12 01 1 3 f ' Â£1 1= I -Ill 1 1 1_/_1_1_1 I 1 1_[_1 I Il ' I *rrr,-=mr-rrT-311 -1- 1 1 1 + /---7-- ~D _ =EFF=213=ZEFFERFEZ .............2 . 5 / 1 1 13+Mfwifwi~~TY,O. 476v ~cr~K- RESTOREDC.. 0..... - 4- rl rERRAGOTTA -=EE -~4Â»~7Â«41~iLF_2_Ji_E _ ___ n'.-0,/'I-/-/ s 1 ------- -- 1 1-1-3 11 1,11 PI ;T-'1Tli--n ' , 1 fri-l -4Â«--Â·:si=11Â·1Â£~4...11! Imrll 1 l i l i EY illi ME Trrzrflipprfr....rill'll'll'll'll'lill , a.~...pâ€ž , Fal k- Cl / til - ~~ (TYPICAU e #frirk,4 1 11 1 1\/ 1 1 \ 1~CEDAM -%OOOFRAMED 1 I -.Reel GIC]ING ~ STOM~FRONÂ·T ~ ~ Mo'21 1~&~i4%, ~U**hht, HYMAN AVENUE ELEVATION 4(1AittclukKI ktpu.k telÂ·t ME = 1/ 946# .6 * 4.1 rN,# IKE 14}GERMAN BARKLEY ASPEN CORE A6 2/1312 I Aspen, Colorado .~rrECTS, P.C. (D --- iâ„¢RAG,C.131%.9, I ..5"EW H , mt-39 tii'i' 46-466-li.k_- 2L==.LÂ»11-9-,r - 1 1 1 1 I 1 [ *0â€žlili,fj#-fpgaA-115-4-1* 1 lEi 1,1 -1---coll- #1 1-#= -on-10.â€¢ -1- , 1 1 1 ' 1 1 1 , 4 1 1 1 1-=== 1 1 If 1 1 , FIR51 9.# fi 1 =1 1 1 1 n 61&'Â· Maitkl'414, 6M6*AAA'l Anw-tiohlvA I di/Wh,k. ALLEY ELEVATION 3/16" =1'Â·0Â· 4\*2 40 1FC WWW. 1 K E KLIGERMAN BARKLEY ASPEN CORE A7 L ARctinÂ·ECTs, p.c .Aspen, Colorado 2/1 y1 2 Â·Ek#- VOÂ· 3 COMMERCIAL F.M. RESIDENnAL BENTON LITTLE ANNIE'S OOMMERCtAL F M RESIDENTIAL BENTON N.L. LITTLE ANNIES LEVEL FA.R FAR FAR, FAR- LEVEL NET LEASABLE NET UVABLE N L. BASEMENT 0 SF 0 SF 0 SF 0 SF BASEMENT 4250 SF 0 SF 0 SF 0 SF 1, E rE FIRST FLOOR 7.723 SF 306 SF 2375 SF 3.000 SF ~ FIRST FLOOR 6.086 SF OSF 1.507 SF 2,460 SF unit 1 SECOND FLOOR 6.552 SF 2106 SF 2310 SF 0 SF SECOND FLOOR 5513 S F 1,261 SF 2,147 SF 0 SF unlt 2 /1 E ~4Wl 621 SF 9. unit 1 .t. THIRD FLOOR 0 SF 6 539 SF 380 SF 0 SF THIRD FLOOR 0 SF ~-4.802 SF_ 0 SF 0 SF unn 2 1,021 SF - urlR 1 (382#@-Â· 4- ......AL TOTALS 14.275 SF 8.950 EF 5,045 SF 3.000 SF TOTALS 15,859 SF 6,063 SF 3 654 SF 2,460 SF wa 2 1.542 SF TOTAL ASPEN CORE PROPOSED FAR TOTAL COMMERCIAL NET LEASABLE TOTAL F.* RESBENTIAL NET LIVEABLE Z,OQUQUAEUZEI 212ZQ.iQU86Â£fEC.=JNQUal2Ll,2111â„¢8N ME=emUNONL=.9 CO-ERCIAL NOH./T SPACEL i .-2=NOR 1 1 --*-.* 60 . . 1 1 1.<F:. f] 1#11 1-= 1 1 ) 14=n- )4Q- 1 ~ -2.--1 11,114./ 1 1 U - ng,te" 1 - , 100- FT e log "fill,221 ....01 - WFTLE ....... -*1 . - â€¢m'f LEAaâ€¢41.2 - E - .n - b 'lul"1 .17 EAST /= 1 I oN. 1 A E*0881 0/' I. , TERÂ»CE - 1.1 1.1 1.1.1.1 11 . 2.8. m.47 - 7,= (DUM'L J riâ€¢ n'Rinle G>=Mspga. V 'ne.'.. p....4.-4=74. ~00-1/FOOTAGEOullÂ»IESDa~1.-02~.C../.I - ALLOWABLE OUTDOOR AREA 15.00OSF /25* 15% - 5625 SF AREA PLANS PROPOSED OUTDOOR AREA 3RD FL 1397sF 772~ 1/16" 2 1.-0- Lm-TAL 5622 SF < 5525. OK , 1 KE KLK;ERMAN BARKLEY ASPEN CORE All 2/Â·13/12 Asper, Colorâ€¢do NÂ©*VECTS, PC. Iml- 41,16 9FC 0 0 1-" e 1Jii li:r- mil A, 11~ 11 : 1 2 1~ . - .'J, :11 1:1 0 0 . . 0- I STAN CLAUSON ASSOCIATES INc 1 landscape architecture.planning.resort design ~ 412 North Mill Street Aspen, Colorado 81611 t. 970/925-232-3 f. 970/920-1628 info@scap[anning.com www.scap[anning.com 17 September 2012 Ms. Sara Adams, AICP Senior Planner, City of Aspen 130 S. Galena Street, 3rd Floor Aspen, CO 81611 Re: Aspen Core / draft SIA Plans and Exhibits Dear Sara: In connection with the Aspen Core Subdivision Improvement Agreement, please find enclosed the following materials for your review: 1. Architectural Plans (Sheets SIA-10- SIA-19); 2. Streetscape Plan and Streetscape Details (Sheets SIA-8-Ll and SIA-9-L2 3. Final Plat of Aspen Core Subdivision; 4. Impact Fee Sheet; 5. Estimate of Probable Cost of ROW Improvements; and 6. Chapter 26.575, Miscellaneous Supplemental Regulations in effect at time the time of application A copy of the Estimate of Probable Cost of ROW Improvements has already been provided to Trish Aragon for her review. Please call me with any questions. Very truly yours, Patrick S. Rawley, AICP STAN CLAUSON ASSOCIATES, INC. Attachment CC: Don Carpenter APPENDIX-A, Estimate of Probable Cost for ROW Improvements Source: SE 12094-Civil Drawings Progres Set issued on 08/15/2012 Date: September 7, 2012 Item # DESCRIPTION OF WORK Unit Quantity Unit Price Total SITE PREP: 1 Mobilization and Demobilization LS 1.00 5,000.00 5,000.00 2 Traffic Management-singning, barricading, flagging public outreach - project duration LS 1.00 12,000.00 12,000.00 EROSION CONTROL: 1 Construction Erosion control LS 1.00 4,000.00 4,000.00 2 Inlet protection Each 1.00 750.00 750.00 3 Vehicle tracking Control - sweeping LS 1.00 3,000.00 3,000.00 REMOVAL ITEMS (demolition): Remove traffic sign Each 1.00 400.00 400.00 1 Saw cut to full depth, remove, and dispose asphalt pavement mat SF 5,275.00 8.00 42,200.00 2 Sawcut to full depth, remove and dispose concrete flatwork SF 3,396.00 7.00 23,772.00 Sawcut to full depth, remove and dispose concrete C&G LF 283.00 16.00 4,528.00 4 Abandon existing storm sewer LS 1.00 500.00 500.00 CONSTRUCTION ITEMS: 1 Backfill & Compaction - ABC Class 6 compacted In-place quantity CY 63,00 46.00 2,898.00 2 12 foot wide concrete sidewalk - 6" thick CY 63.00 420.00 26,460.00 3 Concrete curb and gutter - 24" wide catch pan LF 283.00 44.00 12,452.00 4 Concrete Pedestrian Ramp with Streel Detectable warnin Pad Each 1.00 2,800.00 2,800.00 5 Pavement marking - Epoxy paint, project total LS 1.00 1,100.00 1,100.00 6 4" DIP class-52 Serice Line LF 141.00 120.00 16,920.00 7 4" Gate Valve Each 1.00 1,800.00 1,800.00 8 Sanitary Sewer Service Line LF 11,00 70.00 770.00 9 Shallow/Dry Utility Conduits and trench filling - 4 tolal runs LF 26.00 40.00 1,040.00 10 15" diameter RCP CL-Ill LF 77,00 150.00 11,550.00 22 5' diameter Strom Sewer MH - Cast on top of the existing Hyman Avenue Storm Sewer Each 2.00 10,000.00 20,000.00 24 Curb Inlet Each 1.00 5,800.00 5,800.00 30 Traffic sign (MUTCD Rl-1, stop sign) Each 1.00 400.00 400.00 31 Reset Street Light LS 1.00 3,000.00 3,000.00 Subtotal Construction = 203,140.00 15% Contingency = 30,471.00 Total Construction = 233,611.00 CONSTRUCTION MANAGEMENT - Civil Consultant Services: 1 Advertising, Bidding, Bid Doc production, contract negotiation, award LS 1.00 1,000.00 1,000.00 2 CA services - constr coordination, field observation, inspections, pay ap processing LS 1.00 10,000.00 10,000.00 3 Construction Staking and preparation of as-built drawings pre City's requirements LS 1.00 5,000.00 5,000.00 Total CM = 16,000.00 LANDSCAPE AND PREDESTRIAN AMENITY IMPROVEMENTS 1 Silva Cell system CF 3,740.00 14.00 52,360.00 2 Fraxinus pennsylvanica 'Marshall Seedless Ash' Each 12.00 1,200.00 14,400.00 3 Tree Grate - Ironsmith Part No. 4814-1 Each 12.00 1,500.00 18,000.00 Subtotal Landscape = 84,760.00 15% Contingency = 12,714.00 Total Landscape = 97,474.00 TOTAL LOT 1 = 347,085.00 Aspen Core Estimated Im,--ct Fees 17-Sep-12 Parks Development Fee # of Addl.Units Subtotal Residential Per Studio $ 3,543.20 0$ - Residential Per Bedroom $ 4,429.00 6$ 26,574.00 TDM/Air Quality Fee Residential Per Studio $ 398.40 0 0 . Residential Per Bedroom $ 498.00 6$ 2,988.00 Total $ 29,562.00 School Land Dedication & CIL Fees *2*f # of Units 4%â‚¬Â» 56,4/944 Proposed Studio 0.049 0 0 One-Bedrm 0.062 1 0.062 Two-Bed 0.115 0 0 Three-Bed 0.31 0 0 Four + Bed 0.452 1 0.452 0.514 subtotal existing Land Area Per Student 896 SF Land Dedication Reg't 460.54 SF Appraised Value of Land Per SF Land Dedication x Value Parking Lot 133.980 $ 61,703.69 $ 20,362.22 Little Annies 33.495 $ 15,425.92 $ 5,090.55 Benton 65.097 3 29,980.19 $ 9,893.46 $ 20,362.22 Percent of Fee to be Paid 0.33 Cash-In-Lieu Payment $ 20,362.22 Off-site Stormwater Fee-In-Lieu j Per URMP:FIL = (Total Surface Area)/(100 sq. ft.)x($434 /100 sq. Ft. FIL(1) = (15,050/100)x($434)= $65,317.00 with no green roof credit (100% impervious surface) FIL(2) = (13,086 STAN CLAUSON ASSOCIATESINC lindic", Ii<hilectuie.plan';ni "sort i Exhibit Chapter 26.575 MISCELLANEOUS SUPPLEMENTAL REGULATIONS Sections: 26.575.010 General 26.575.020 Calculations and measurements 26.575.030 Public amenity 26.575.040 Yards 26.575.045 Junkyards and service yards 26.575.050 Fences 26.575.060 Utility/trash/recycle service areas 26.575.070 Use square footage limitations 26.575.080 Child care center 26.575.090 Home occupations 26.575.100 Landscape maintenance 26.575.110 Building envelopes 26.575.120 Satellite dish antennas 26.575.130 Wireless telecommunication services facilities and equipment 26.575.140 Accessory uses and accessory structures 26.575.150 Outdoor lighting 26.575.160 Dormitory 26.575.170 Fuel storage tanks 26.575.180 Restaurant 26.575.190 Farmers' market 26.575.200 Group homes 26.575.210 Lodge occupancy auditing 26.575.010. General. Regulations specified in other Sections of this Title shall be subject to the following supplemental regulations. 26.575.020. Calculations and measurements. The purpose of this Section is to set forth supplemental regulations which relate to methods for calculating and measuring certain enumerated terms as used in this Title. The definitions of the terms are set forth at Section 26.104.100. A. Floor area. In measuring floor areas for floor area ratio and allowable floor area, the following applies: 1. General. In measuring floor area for the purposes of calculating floor area ratio and allowable floor area, there shall be included that floor area within the surrounding exterior walls (measured from their exterior surface) of a building or portion thereof. When measuring from exterior walls, the veneer and all exterior treatments shall be included. When calculating areas with stairs, each floor-to-floor staircase is counted only once. City of Aspen Land Use Code Part 500, Page 63 2. Decks. balconies. porches, loggias and stairways. The calculation of the floor area of a building or a portion thereof shall not include decks, balconies, exterior stairways, gazebos and similar features, unless the area of these features is greater than fifteen percent (15%) of the maximum allowable floor area of the building (the excess of the fifteen percent [15%] shall be included). Porches and landscaped terraces shall not be counted towards FAR. 3. Garages, carports and storage areas. In all zone districts except the R-15-B Zone District, for the purpose of calculating floor area ratio and allowable floor area for a lot whose principal use is residential, garages, carports and storage areas shall be excluded up to a maximum area of two hundred fifty (250) square feet per dwelling unit; all garage, carport and storage areas between two hundred fifty (250) and five hundred (500) square feet shall count fifty percent (50%) towards allowable floor area; all garage, carport and storage areas in excess of five hundred (500) square feet per dwelling unit shall be included as part ofthe residential floor area calculation. For any dwelling unit which can be accessed from an alley or private road entering at the rear or side of the dwelling unit, the garage shall only be excluded from floor area calculations up to two hundred fifty (250) square feet per dwelling unit if it is located on said alley or road; all garage, carport and storage areas between two hundred fifty (250) and five hundred (500) square feet shall count fifty percent (50%) towards allowable floor area. For the purposes of determining the exclusion, if any, applicable to garages, carports and storage areas, the area of all structures on a parcel shall be aggregated. For garages that are part of a basement, the garage exemption is taken from the total below-grade area before the subgrade calculation takes place. In the R- 1B Zone District, garage, carport and storage areas shall be limited to a five-hundred- square-foot exemption. 4. Subgrade areas. To determine the portion of subgrade areas that are to be included in calculating floor area, the following shall apply: a. For any story that is partially above and partially below natural or finished grade, whichever is lower, the total percentage of exterior surface wall area that is exposed above the most restrictive of the grades shall be the total percentage of the gross square footage of the subject story included in the floor area calculation. Subgrade stories with no exposed exterior surface wall area shall be excluded from floor area calculations. (Example: If fifteen percent (15%) of the exterior surface wall area has been exposed above natural or finished grade (whichever is lower), then fifteen percent (15%) of the gross square footage of the subject story will be included as floor area.) b. For any dwelling unit that can be accessed from an alley or private road entering at the rear or side of the dwelling unit, the garage or carport shall only be eligible for the exclusions described in Subparagraph a. above if it is located along said alley or road. City of Aspen Land Use Code Part 500, Page 64 c. In the R-15B Zone District only, garages, carports and storage areas shall be excluded from residential floor area calculations up to a maximum of five hundred (500) square feet per dwelling unit. 5. (Repealed by Ord. No. 56-2000, Â§8) 6. Accessory Dwelling Units and Carriage Houses. An accessory dwelling unit or carriage house shall be calculated and attributed to the allowable floor area for a parcel with the same inclusions and exclusions for calculating floor area as defined in this Section, unless eligible for an exemption as described below: Detached and permanently affordable ADU or carriage house floor area exemption. One hundred percent (100%) of the floor area of an ADU or carriage house which is detached from the primary residence and deed-restricted as a "for sale" affordable housing unit and transferred to a qualified purchaser in accordance with the Aspen/Pitkin County Housing Authority Guidelines, as amended, shall be excluded from the calculation of floor area, up to a maximum exemption of one thousand two hundred (1,200) square feet per parcel. 7. Affordable Housing Bonus. The floor area of a parcel containing a single-family or duplex residence and a permanently affordable "for sale" ADU or carriage house located on the same parcel which has been transferred to a qualified purchaser in accordance with the Aspen/Pitkin County Housing Authority Guidelines, as amended, shall be eligible for an affordable housing floor area bonus equal to or less than fifty percent (50%) of the floor area of the associated ADU or carriage house, up to a maximum bonus of six hundred (600) square feet per parcel. 8. Linked Pavilion. Any element linking the principal structure to an accessory structure shall not be included in the calculation of floor area, provided that the linking structure is no more than one (1) story tall, six (6) feet wide and ten (10) feet long. Areas of linking structures in excess often (10) feet in length shall be counted in floor area. City of Aspen Land Use Code Part 500, Page 65 9. Allocation ofNon-Unit Space in a mixed-use building. In order to determine the total floor area of individual uses in a mixed-use building, the total floor area for non-unit space shall be allocated on a proportionate basis of the use categories outlined in the subject zone district's FAR schedule. The building's gross floor area, minus all non- unit space, shall be divided amongst the individual use categories in a building. These numbers shall then be calculated as a percent of the gross floor area number that does not include the non-unit space. A proportionate share of the non-unit floor area shall then be allocated towards each use category. This provision shall apply to all zone districts permitting mixed-use buildings. For instance, if a building was comprised ofthe following square footages: 2,000 sq. ft. commercial floor area + 4,000 sq. ft. free-market residential floor area + 2,000 sq. ft. affordable housing floor area + 1.000 sq. ft. non-unit floor area = 9,000 sq. ft. total floor area Then the total unit floor area in the building would be eight thousand (8,000) square feet floor area. Using the allocation of non-unit space standard, the uses account for the following percentages of the total unit floor area: commercial floor area = 25% free-market residential floor area = 50% affordable housing floor area = 25% Therefore, the one thousand (1,000) square feet of nonunit space is allocated to the different uses as follows: commercial floor area = 25% x 1,000 sq. ft. = 250 sq. ft. free-market residential floor area = 50% x 1,000 sq. ft. = 500 sq. ft. affordable housing floor area = 25% x 1,000 sq. ft. = 250 sq. ft. (Ord. No. 12-2007) B. Building heights. 1. Methods of measurement for varying types of roofs. In the Commercial Core (CC), Commercial Lodge (CL), Neighborhood Commercial (NC) and Service/Commercial/Industrial (S/C/I) Zone Districts, the height of the building shall be the maximum distance measured vertically from the natural or finished grade, whichever is lower, to the top, ridge or parapet of the structure. For structures in all other Zone Districts, the height shall be measured as follows: , City of Aspen Land Use Code Part 500, Page 66 a. Flat roofs or roofs with a slope of less than 3:12. The height of the building shall be the maximum distance measured vertically from the natural or finished grade, whichever is lower, to the top or ridge of a flat, mansard or other roof with a slope of less than 3:12. b. Roofs with a slope from 3:12 to 7:12. For roofs with a slope from 3:12 to 7:12, height shall be measured vertically from the natural or finished grade, whichever is lower, to the mean height between the eave point and ridge of a gable, hip, gambrel or other similar pitched roof. The ridge of a gable, hip, gambrel or other pitched roof shall not extend over five (5) feet above the maximum height limit. e. Roofs with a slope of 8:12 or greater. For roofs with a slope of 8:12 or greater, height shall be measured vertically from the natural or finished grade, whichever is lower, to a point one-third (M) of the distance up from the eave point to the ridge. There shall be no limit on the height of the ridge. Chimneys and other appurtenances may extend up to a maximum of two (2) feet above the ridge. d. Chimneys, antennas and other appurtenances. Antennas, chimneys, flues, vents or similar structures shall not extend over ten (10) feet above the specified maximum height limit, except for roofs with a pitch of 8:12 or greater, these elements may not extend more than two (2) feet above the ridge. Water towers, solar panels and mechanical equipment shall not extend over five (5) feet above the specified maximum height limit. Church spires, bell towers and like architectural projections, as well as flag poles, may extend over the specified maximum height limit. 2. Exceptions for buildings on slopes. The maximum height of a building's front (street- facing) facade may extend for the first thirty (30) feet ofthe building's depth. 3. Exceptions for areaways, light wells and basement stairwells. An areaway, light well or basement stairwell of less than one hundred (100) square feet, entirely recessed behind the vertical plane established by the portion of the building facade which is closest to the street and enclosed on all four (4) sides to within eighteen (18) inches of the first floor level shall not be counted towards maximum permissible height. C. Lot area. Except in the R-15B Zone District, when calculating floor area ratio, lot areas shall include only areas with a slope of less than twenty percent (20%). In addition, half (.50) of lot areas with a slope of twenty to thirty percent (20-30%) may be counted towards floor area ratio; areas with slopes of greater than thirty percent (30%) shall be excluded. The total reduction in FAR attributable to slope reduction for a given site shall not exceed twenty-five percent (25%). Also excluded from total lot area for the purpose of floor area calculations in all zone districts is that area beneath the high water line of a body of water and that area within a vacated right- of-way or within an existing or proposed dedicated right-of-way or surface easement. Lot City of Aspen Land Use Code Part 500, Page 67 area shall include any lands dedicated to the City or County for the public trail system, any open irrigation ditch or any lands subj ect to an above ground or below ground surface easement such as utilities that do not coincide with road easements. When calculating density, lot area shall have the same exclusions and inclusions as for calculating floor area ratio except for exclusion of areas of greater than twenty percent (20%) slope. D. 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. Porches, roofs or balcony overhangs, cantilevered building elements and similar features extending directly over grade shall be excluded from maximum allowable site coverage calculations. E. 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 City of Aspen Land Use Code Part 500, Page 68 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 ofthis Title may result upon actual demolition. (Ord. No. 44-1999, Â§7; Ord. No. 55-2000, Â§14; Ord. No. 56-2000, Â§Â§5, 6, 8; Ord. No. 25- 2001, Â§Â§6,7; Ord. No. 46-2001, Â§4; Ord. No. 55,2003, Â§Â§2-4; Ord. No. 12-2006, Â§19; Ord. No. 12,2007, Â§32) 26.575.030. Public amenity. A. Purpose. The City seeks a vital, pleasant downtown public environment. Public amenity contributes to an attractive commercial and lodging district by creating public places and settings conducive to an exciting pedestrian shopping and entertainment atmosphere. Public amenity can take the form of physical or operational improvements to public rights-of-way or private property within these districts. Public amenity provided on the subject development site is referred to as "on-site public amenity" in this Section. B. Applicability and requirement. The requirements of this Section shall apply to the development of all commercial, lodging and mixed-use development within the CC, C-1, MU, NC, S/C/I, L, CL, LP and LO Zone Districts. This area represents the City's primary pedestrian-oriented downtown, as well as important mixed-use, service and lodging neighborhoods. Twenty-five percent (25%) of each parcel within the applicable area shall be provided as public amenity. For redevelopment of parcels on which less than this twenty-five percent (25%) currently exists, the existing (prior to redevelopment) percentage shall be the effective requirement, provided that no less than ten percent (10%) is required. A reduction in the required public amenity may be allowed as provided in Subsection 26.575.030.D., Reduction of requirement. Exempt from these provisions shall be development consisting entirely of residential uses. Also exempt from these provisions shall be the redevelopment of parcels where no on-site public amenity currently exists, provided that the redevelopment is limited to replacing the building in its same dimensions as measured by footprint, height and floor area. C. Provision of public amenity. The Planning and Zoning Commission or Historic Preservation Commission, pursuant to the review procedures and criteria of Chapter 26.412, Commercial Design Review, shall determine the appropriate method or combination of methods for providing this required amenity. One (1) or more of the following methods may be used such that the standard is reached. City of Aspen Land Use Code Part 500, Page 69 1. On-site provision of public amenity. A portion of the parcel designed in a manner meeting Subsection 26.575.030.F., Design and operational standards for on-site public amenity. 2. Off-site provision of public amenity. Proposed public amenities and improvements to the pedestrian environment within proximity of the development site may be approved by the Planning and Zoning Commission, pursuant to Chapter 26.412, Commercial Design Review. These may be improvements to private property, public property or public rights-of-way. An easement providing public access over an existing public amenity space for which no easement exists may be accepted if such easement provides permanent public access and is acceptable to the City Attorney. Off-site improvements shall equal or exceed the value of an otherwise required cash-in-lieu payment and be consistent with any public infrastructure or capital improvement plan for that area. 3. Cash-in-lieu provision. The City Council, upon a recommendation from the Planning and Zoning Commission or the Historic Preservation Commission, as applicable, may accept a cash-in-lieu payment for any portion of required public amenity not otherwise physically provided, according to the procedures and limitations of Subsection 26.575.030.E, Cash-in-lieu payment. 4. Alternative method. The Commission, pursuant to Chapter 26.412, Commercial Design Review, may accept any method of providing public amenity not otherwise described herein if the Commission finds that such method equals or exceeds the value, which may be nonmonetary community value, of an otherwise required cash-in- lieu payment. D. Reduction of requirement. A reduction in the required public amenity may be approved under the following circumstances: 1. The Planning and Zoning Commission or Historic Preservation Commission, pursuant to the procedures and criteria of Chapter 26.412, Commercial Design Review, may reduce the public amenity requirement by any amount, such that no more than one- half the requirement is waived, as an incentive for well-designed projects having a positive contribution to the pedestrian environment. The resulting requirement may not be less than ten percent (10%). 2. The Ilistoric Preservation Commission, pursuant to the procedures and criteria of Chapter 26.412, Commercial Design Review, may reduce by any amount the requirements of this Section for historic landmark properties upon one (1) of the following circumstances: a. When the Historic Preservation Commission approves the on-site relocation of an historic landmark such that the amount of on-site public space is reduced below that required by this Chapter. City of Aspen Land Use Code Part 500, Page 70 b. When the manner in which an historic landmark building was originally developed reduces the amount of on-site public amenity required by this Chapter. c. When the redevelopment or expansion of an historic landmark constitutes an exemplary preservation effort deserving of an incentive or reward. E. Cash-in-lieu payment. When the method of providing public amenity includes a cash-in- lieu payment, the following provisions and limitations shall apply: Formula for determining cash-in-lieu payment: Payment = [Land Value] x [Public Amenity Percentage] Where: Land Value - Value of the unimproved land. Public Amenity == Percent of the parcel required to be provided Percentage as a public amenity, pursuant to Subsection 26.575.030.B lessened by other methods of providing the amenity. Land value shall be the lesser of seventy-five dollars ($75.00) per square foot multiplied by the number of square feet constituting the parcel or the appraised value of the unimproved property determined by the submission of a current appraisal performed by a qualified professional real estate appraiser and verified by the Community Development Director. An applicant may only waive the current appraisal requirement by accepting the seventy-five- dollar-per-square-foot standard. Acceptance of a cash-in-lieu payment of public amenity shall be at the option of the City Council upon a recommendation from the Planning and Zoning Commission or the Historic Preservation Commission as applicable. The payment in lieu of public amenity shall be due and payable at the time of issuance of a building permit. The City Manager, upon request, may allow the required payment-in-lieu to be amortized in equal payments over a period of up to five (5) years, with or without interest. All funds shall be collected by the Community Development Director and transferred to the Finance Director for deposit in a separate interest-bearing account. Monies in the account shall be used solely for the purchase, development or capital improvement of land or public rights-of-way for open space, public amenity or recreational purposes within or adjacent to the applicable area in which this requirement applies. Funds may be used to acquire public use easements. Fees collected pursuant to this Section may be returned to the then-present owner of property for which a fee was paid, including any interest earned, if the fees have not been spent within seven (7) years from the date fees were paid, unless the City Council shall have earmarked the funds for expenditure on a specific project, in which case the City Council may extend the time period by up to three (3) more years. To obtain a refund, the present owner must submit City of Aspen Land Use Code Part 500, Page 71 a petition to the Finance Director within one (1) year following the end of the seventh year from the date payment was received. For the purpose of this Section, payments shall be spent in the order in which they are received. Any payment made for a project for which a building permit is canceled, due to non-commencement of construction, may be refunded if a petition for refund is submitted to the Finance Director within three (3) months of the date of the cancellation of the building permit. All petitions shall be accompanied by a notarized, sworn statement that the petitioner is the current owner of the property and by a copy of the dated receipt issued for payment of the fee. F. Design and operational standards for public amenity. Public amenity, on all privately owned land in which public amenity is required, shall comply with the following provisions and limitations: 1. Open to view. Public amenity areas shall be open to view from the street at pedestrian level, which view need not be measured at right angles. 2. Open to sky. Public amenity areas shall be open to the sky. Temporary and seasonal coverings, such as umbrellas and retractable canopies, are permitted. Such nonpermanent structures shall not be considered as floor area or a reduction in public amenity on the parcel. Trellis structures shall only be permitted in conjunction with commercial restaurant uses on a designated historic landmark or within H, Historic Overlay Zones, and must be approved pursuant to review requirements contained in Chapter 26.415, Development Involving the Aspen Inventory of Historic Landmark Sites and Structures or Development within an H, Historic Overlay District. Such approved structures shall not be considered as floor area or a reduction in public space on the parcel. 3. No walls/enclosures. Public amenity areas shall not be enclosed. Temporary structures, tents, air exchange entries, plastic canopy walls and similar devices designed to enclose the space are prohibited, unless approved as a temporary use, pursuant to Chapter 26.450. Low fences or walls shall only be permitted within or around the perimeter of public space if such structures shall permit views from the street into and throughout the public space. 4. Prohibited uses. Public amenity areas shall not be used as storage areas, utility/trash service areas, delivery areas or parking areas or contain structures of any type, except as specifically provided for herein. Vacated rights-of-way shall be excluded from public amenity calculations. 5. Grade limitations. Required public amenity shall not be more than four (4) feet above or two (2) feet below the existing grade of the street or sidewalk which abuts the public space, unless the public amenity space shall follow undisturbed natural grade, City of Aspen Land Use Code Part 500, Page 72 in which case there shall be no limit on the extent to which it is above or below the existing grade of the street, or if a second level public amenity space is approved by the Commission. 6. Pedestrian links. In the event that the City shall have adopted a trail plan incorporating mid-block pedestrian links, any required public space must, if the City shall so elect, be applied and dedicated for such use. 7. Landscaping plan. Prior to issuance of a building permit, the Community Development Director shall require site plans and drawings of any required public amenity area, including a landscaping plan and a bond in a satisfactory form and amount to ensure compliance with any public amenity requirements under this Title. 8. Maintenance of landscaping. Whenever the landscaping required herein is not maintained, the Chief Building Official, after thirty (30) days' written notice to the owner or occupant of the property, may revoke the certificate of occupancy until said party complies with the landscaping requirements ofthis Section. 9. Outdoor Merchandising on Private Property. Private property may be utilized for merchandising purposes by those businesses located adjacent to and on the same parcel as the outdoor space. This shall not grant transient sales from peddlers who are not associated with an adjacent commercial operation. Outdoor merchandising shall be directly associated with the adjacent business and shall not permit stand-alone operations, including, but not limited to, automated bike rental racks, movie rental kiosks, automated dog washes, or automated massage furniture. In addition, outdoor merchandising must meet the following requirements: a) Merchandise must be maintained, orderly and located in front of or proximate to the storefront related to the sales. b) The display of merchandise shall in no way inhibit the movement of pedestrian traffic along the public right-of-way. All merchandising shall be located on private property. A minimum of six (6) foot ingress/egress shall be maintained for building entrances and exits. c) Outdoor clothing sales including, but not limited to, coats, jeans, shirts, athletic apparel, and footwear shall be limited to a display of twelve (12) linear feet. For all other types of merchandise, the size and amount allowed shall be under the discretion of the property owner. d) Umbrellas, retractable canopies, and similar devices are not permitted for outdoor merchandising. See Section 26.304.070.F.2. e) Merchandise shall be displayed for sale with the ability for pedestrians to view the item(s). Outdoor areas shall not be used solely for storage. City o f Aspen Land Use Code Part 500, Page 73 The prohibition of storage shall be limited to merchandising on private property and shall not apply to permitted commercial activity on an abutting right-of-way or otherwise permitted by the City. 10. Outdoor Restaurant Seating on Private Property. Private Property may be used for commercial restaurant use if adequate pedestrian and emergency vehicle access is maintained. Umbrellas, retractable canopies, and similar devices are permitted for commercial restaurant uses. For outdoor food vending in the Commercial Core District, also see Paragraph 26.470.040.B.3, Administrative growth management review. 11. Design guideline compliance. The design of the public amenity shall meet the parameters of the Commercial, Lodging and Historic District Design Objectives and Guidelines. (Ord. No. 55-2000, Â§15; Ord. No. 1-2002, Â§16; Ord. No. 23-2004, Â§3; Ord. No. 2-2005, Â§2; Ord. No. 5,2005, Â§2; Ord. No. 13,2007, Â§2, Ord. No. 9A, 2010 Â§2) 26.575.040. Yards. A. Projections into required yards. Yards shall be unobstructed from the ground to the sky except for the following allowed projections: 1. Building eaves - Eighteen (18) inches; 2. Architectural projections - Eighteen (18) inches; 3. Balconies not utilized as an exterior passageway may extend the lesser of one-third (14) of the way between the required setback and the property line or four (4) feet. 4. Fire escapes required by the International Building Code - Four (4) feet; 5. Uncovered porches, slabs, ratios, walks, retaining walls, steps and similar structures, which do not exceed thirty (30) inches above or below natural grade or finished grade, whichever is more restrictive, shall be permitted to project into the yard without restriction. Projections may exceed thirty (30) inches below grade if determined to be required by the Chief Building Official for window egress. 6. Fences, hedges, berms and walls less than six (6) feet in height, as measured from natural grade, are permitted in all required yard setbacks. (See Supplementary Regulations - Section 26.575.050, Fences.). 7. Driveways. Driveway access shall not exceed a depth or height greater than twenty- four (24) inches above or below grade within the required front yard setback. Within all other required setbacks, driveway access shall not exceed a depth or height greater than thirty (30) inches above or below grade. Parking is only permitted within required setbacks if it is in an approved driveway or other area approved for parking. City of Aspen Land Use Code Part 500, Page 74 8. Exterior merchandizing. Exterior merchandizing in nonresidential zone districts shall be prohibited in all required yard setbacks. 9. Mechanical equipment. Mechanical equipment shall be prohibited in all front yard setbacks. On corner lots, mechanical equipment may not be placed in the setback of any yard facing a street. 10. Trash containers. Wildlife-resistant refuse containers and Dumpster enclosures that meet the requirements of Chapter 12.08 of this Code (Wildlife Protection) shall be allowed in the setbacks. Permanent placement of trash containers shall be prohibited in all front yard setbacks. On corner lots, permanent placement of trash containers shall not be permitted in the setback of any yard facing a street. B. Required yards adjacent to private streets or rights-of-way. Where there is no public dedication and the lot line extends into the right-of-way, the required yard setback shall equal the minimum distance specified under the zone district regulations along the closest boundary of the right-of-way to the proposed structure. When a property's lot line does not extend into the right-of-way, the required yard setback shall equal the minimum distance specified under zone district regulations from the lot line. Please refer to Figure 575.1 below, Required setback from a private road or right-of-way. Figure 575.1 Required Setback From a Private Road or Right-of-Way C. Corner lots. On a lot bordered on two (2) sides by intersecting streets, the owner shall have a choice as to which yard shall be considered as the front yard, which shall meet minimum setbacks for a front yard in that zone district. The remaining yard bordering a street shall be two-thirds (34) of the required front yard setback distance for the zone district. The rear yard must coincide with the rear alignment of neighboring lots, regardless of which yard is considered the front yard by the owner. City of Aspen Land Use Code Part 500, Page 75 D. Transitional yards. Where two (2) lots which share a common side lot line are in different zone districts, the lot in the more intensive zone district shall observe the required yard setback distance as established for the less intensive use zone district. E. Nonaligned lots. For any lot in the R-6 Zone District in excess of nine thousand (9,000) square feet which is not aligned along the traditional Aspen Townsite lot lines, the building inspector shall measure the side yards from the two (2) shortest sides of the lot which are opposite from each other and the front and rear yards from the two (2) longest sides of the lot which are opposite from each other. (Ord. No. 13-2005, Â§3; Ord. No. 50-a-2005, Â§6; Ord. No. 12,2007,Â§Â§33,34) 26.575.045. Junkyards and service yards. Junkyards (See Definitions, Section 25.104.100) shall be screened from the view of other lots, structures uses and rights-of-way. Service yards (See Definitions, Section 26.104.100) shall be fenced so as not to be visible from the street and such fences shall be a minimum six (6) feet high from grade. All fences shall be of sound construction and shall have not more than ten percent (10%) open area. 26.575.050. Fences. Fences shall be permitted in every zone district, provided that no fence shall exceed six (6) feet above natural grade or as otherwise regulated by the Residential Design Standards or the Commercial Design Standards (see Chapters 26.410 and 26.412). Fences visible from the public right-of-way shall be constructed of wood, stone, wrought iron or masonry. On corner lots, no fence, retaining wall or similar object shall be erected or maintained which obstructs the traffic vision, nor on corner lots shall any fence, retaining wall or similar obstruction be erected or maintained which exceeds a height of forty-two (42) inches, measured from street grade, within thirty (30) feet from the paved or unpaved roadway. Plans showing proposed construction, material, location and height shall be presented to the Building Inspector before a building permit for a fence is issued. Additionally, foliage shall be placed and maintained so that it will not obstruct vehicular visibility at intersections. (Ord. No. 55-2000, Â§16; Ord. No. 12,2007, Â§35) See. 26.575.060.Utility/trash/recycle service areas. A. General. The following provisions shall apply to all utility/trash/recycle service areas: 1. If the property adjoins an alleyway, the utility/trash/recycle service area shall be along and accessed from the alleyway. Unless entirely located on an alleyway, all utility/trash/recycle service areas shall be fenced so as not to be visible from the street, and such fences shall be six (6) feet high from grade. All fences shall be of sound construction and shall be no less than ninety percent (90%) opaque. 2. Whenever this Title shall require that a utility/trash/recycle service area be provided abutting an alley, buildings may extend to the rear property line if otherwise allowed by this Title, provided that an open area is provided which shall be accessible to the alley and which meets the dimensional requirements ofthis Section. City of Aspen Land Use Code Part 500, Page 76 3. A minimum of twenty (20) linear feet of the utility/trash/recycle service area shall be reserved for box storage, utility transformers or equipment, building access and trash and recycling facilities. For properties with thirty (30) feet or less of alley frontage, this requirement shall be fifteen (15) linear feet. For properties with no alley access, no requirement shall apply. The required area shall have a minimum vertical clearance of ten (10) feet and a minimum depth of ten (10) feet at ground level. The required area shall not be used for required parking or as vehicular access to a parking area. 4. The Planning and Zoning Commission may reduce the required dimensions of this area by special review (see Chapter 26.430) and in accordance with the standards set forth below at Subsection 26.575.060.B. B. Review standards for reduction of dimensions. The Planning and Zoning Commission may reduce the dimensions of a utility/trash/recycle service area by following special review procedures set forth at Chapter 26.430 if: 1. There is a demonstration that, given the nature of the potential uses of the building and its total square footage, the utility/trash/recycle service area proposed to be provided will be adequate. 2. Access to the utility/trash/recycle service area is adequate. 3. Measures are provided for enclosing trash bins and making them easily movable by trash personnel. 4. When appropriate, provisions for trash compaction are provided by the proposed development and measures are taken to encourage trash compaction by other development in the block. 5. The area for public utility placement and maintenance is adequate and safe for the placement of utilities. 6. Adequate provisions are incorporated to ensure the construction of the access area. (Ord. No. 5-2005, Â§3; Ord. No. 12,2007, Â§36) 26.575.070. Use square footage limitations. Within the Commercial Core (CC), Commercial (C-1) and Service/Commercial/Industrial (S/C/I) Zone Districts, all permitted and conditional commercial businesses shall be restricted to the following maximum net leasable commercial and office space: A. 3,000 square feet. The following and similar uses shall be limited to three thousand (3,000) square feet in net leasable commercial and office space: Antique shop; art supply; bakery; bookstore; camera shop; candy, tobacco or cigarette shop; catalogue store; drug store; florist shop; gift shop; hobby shop; jewelry shop; key shop; liquor store; pet shop; photography shop; stationery store; dry cleaning; pickup station; barber and beauty shop; City of Aspen Land Use Code Part 500, Page 77 small appliance store; art gallery; decorator shop; seamstress; Laundromat; tailor; shoe repair shop; radio and TV broadcasting stations; rental, repair and wholesaling, provided they are accessory uses; electrical and plumbing service shops; automobile washing facility; pharmacies; art studio; and catering service. B. 6,000 square feet. The following and similar uses shall be limited to six thousand (6,000) square feet in net leasable commercial and office space: Drugstore (including pharmacy); equipment rental, storage and repair; shop craft industry; fabrication and repair and building materials; sporting goods store; variety shop; professional offices; and major appliance stores. C. 9,000 square feet. The following and similar uses shall be limited to nine thousand (9,000) square feet in net leasable commercial and office space: Service station and restaurant. D. 12,000 square feet. The following and similar uses shall be limited to twelve thousand (12,000) square feet in net leasable commercial and office space: Vehicle sales; builder supply yard; lumber yard; dry cleaning plant and laundry; manufacture and repair of sporting goods; printing and publishing plant; furniture store; carpet and floor covering store; financial institution; and food market. E. 20,000 square feet. The following and similar uses shall be limited to twenty thousand (20,000) square feet in net leasable commercial and office space: Warehousing and storage. F. Retail sales areas. All of the square footage limitations on use shall not restrict the square footage of the total retail sales areas in these zone districts or any buildings occupied by any combination of more than one of the above uses; provided, however, that any business enumerated above, of the same type which occur individually or jointly in a single structure or combination of structures situated upon a single tract of land under the same ownership, shall be considered one business and together restricted to the maximum net leasable commercial and office space provided in this Section. Sec. 26.575.080. Child care center. A. A daycare center shall provide one (1) off-street parking space per employee, a child loading/unloading area of adequate dimensions, preferably off-street and adequately sized indoor and outdoor play areas and shall maintain minimum hours of operation of 7:30 a.m. to 5:30 p.m. from Monday through Friday. B. A facility which provides regular supervision and care of five (5) or fewer children per day shall be considered a family daycare home and shall be allowed as an accessory use, subject to the following: 1. If the family daycare home is developed in conjunction with a residential use, it shall meet the requirements of a home occupation. City of Aspen Land Use Code Part 500, Page 78 2. If the family daycare home is developed in conjunction with an institution or business, it shall be limited to use by the children of the employees or guests of that institution or business and shall provide one (1) off-street parking space. 26.575.090. Home occupations. To meet the definition of a home occupation, a home occupation must comply with each of the following: A. Is clearly incidental and secondary to the residential use of the building; B. Does not change the essential residential character of the use; C. Employs no more than one (1) person who is a nonresident ofthe building; D. Operates pursuant to a valid occupational license for the use held by the resident of the dwelling unit; E. Is confined to no more than fifty percent (50%) of the total floor area of the main level floor ofthe dwelling; F. Does not advertise, display or otherwise indicate the presence of the home occupation on the premises other than as provided in Chapter 26.510, Community Development Department; G. Does not sell any stock in trade, supplies or products on the premises; H. Does not store outside of the dwelling any equipment or materials used in the home occupation; I. Does not utilize mechanical, electrical or other equipment or items which produce noise, electrical or magnetic interference, vibration, heat, glare, smoke, dust, odor or other nuisance outside the residential building or accessory structure; J. Provides off-street parking to accommodate the needs of the home occupation; and K. Does not include any of the following uses as a home occupation: antique shop, barber shop, beauty parlor, health or medical clinic, mortuary, nursing home, restaurant, veterinarian's clinic or dancing studio. 26.575.100. Landscape maintenance. Landscaping shown on any approved site development plan shall be maintained in a healthy manner for a minimum three (3) year period from the date of the receipt of the financial assurance referenced below. In the event that plant material dies, the owner of the property shall replace the plant material with similar quality within forty-five (45) days of notification by the Community Development Director. If seasonal constraints do not allow planting of the approved plant material within forty-five (45) days the owner may in writing seek permission from the Community Development Director to: City of Aspen Land Use Code Part 500, Page 79 A. Provide financial assurances equal to one hundred twenty percent (120%) of the amount of the replacement landscaping and installation costs as approved by the Parks Department and in a form satisfactory to the City Attorney. The completion of the landscape replacement shall be accomplished no later than June 15th of the next planting season; otherwise the financial assurances shall be forfeited to the City. B. Submit for approval a revised landscape plan. 26.575.110. Building envelopes. Approved plantings of landscape materials on natural grade and approved walkways and driveways may occur outside of a building envelope. Otherwise, all areas outside of a building envelope shall remain in pristine and untouched condition unless approved by the Community Development Director. For purposes of site-specific development plans, building envelopes may be established to restrict development to protect slopes, important vegetation, water courses, privacy or other considerations. Building envelopes shall be described on recorded plats, site-specific development plans ordinances, resolutions and building permit site plans. Building envelopes required or designated as part of a development approval shall be depicted on the applicable plat, site plan, site-specific development plan, map or building permit. 26.575.120. Satellite dish antennas. A. Satellite dish antennas twenty-four (24) inches in diameter or more must receive building permits, if required, prior to installation. Prior to the issuance of appropriate building permits, satellite dish antennas greater than twenty-four (24) inches in diameter shall be reviewed and approved by the Community Development Director in conformance with the following criteria. Any satellite dishes installed on a property listed on the Aspen Inventory of Historic Landmark Sites and Structures or in an H, Historic Overlay District shall be reviewed according to Subsection 26.415.070.B. 1. Use. The proposed use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. 2. Location, size and design. The location, size, design and operating characteristics of the proposed use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. 3. Area and bulk requirements. The installation of a satellite dish antenna shall not cause a violation of area and bulk requirements within the zone district in which it is located, unless a variance is granted by the Board of Adjustment. City of Aspen Land Use Code Part 500, Page 80 4. Right-of-way. A satellite dish antenna shall not be placed on an easement or in the City right-of-way, unless an encroachment permit is secured. 5. Increased danger. The installation of a satellite dish antenna shall not cause any increased danger to neighboring property in the event of collapse or other failure of the antenna structure. 6. Visual impact. The visibility of the dish from the public way shall be reduced to the highest degree practical including, but not limited to, sensitive choice in placement of the dish, screening with fencing, landscaping, sub-grade placement or any other effective means that both screen the dish and does not appear to be unnatural on the site. B. Conditions. The Community Development Director may apply reasonable conditions to the approval deemed necessary to insure conformance with said review criteria. If the Community Development Director determines that the proposed satellite dish antenna does not comply with the review criteria and denies the application or the applicant does not agree to the conditions of approval determined by the Community Development Director, the applicant may apply for conditional use review by the Planning and Zoning Commission. C. Procedures. Procedures established in Chapter 26.304, Common Development Review Procedures, shall apply to all satellite dish antennas. (Ord. No. 1-2002 Â§ 17) 26.575.130. Wireless telecommunication services facilities and equipment. A. Intent and purpose: To provide design standards for cellular communication facilities in order to ensure their compatibility with surrounding development. The unique and diverse landscapes of the City are among its most valuable assets. Protecting these assets will require that location and design of wireless communication services facilities and equipment be sensitive to and in scale and harmony with, the character of the community. The purpose of these regulations is to provide predictable and balanced standards for the siting and screening of wireless telecommunication services facilities and equipment on property within the jurisdiction ofthe City in order to: 1. Preserve the character and aesthetics of areas which are in close proximity to wireless telecommunication services facilities and equipment by minimizing the visual, aesthetic and safety impacts of such facilities through careful design, siting and screening; 2. Protect the health, safety and welfare of persons living or working in the area surrounding such wireless telecommunication services facilities and equipment from possible adverse environmental effects (within the confines of the Federal Telecommunications Act of 1996) related to the placement, construction or modification of such facilities; 3. Provide development which is compatible in appearance with allowed uses of the underlying zone; City of Aspen Land Use Code Part 500, Page 81 4. Facilitate the City's permitting process to encourage fair and meaningful competition and, to the greatest extent possible, extend to all people in all areas of the City high quality wireless telecommunication services at reasonable costs to promote the public welfare; and 5. Encourage the joint use and clustering of antenna sites and structures, when practical, to help reduce the number of such facilities which may be required in the future to service the needs of customers and thus avert unnecessary proliferation of facilities on private and public property. B. Applicability. All applications for the installation or development of wireless telecommunication services facilities and/or equipment must receive building permits, prior to installation. Prior to the issuance of appropriate building permits, wireless telecommunication services facilities and/or equipment shall be reviewed for approval by the Community Development Director in conformance with the provisions and criteria of this Section. Wireless telecommunication services facilities and equipment subject to the provisions and criteria of this Section include cellular telephone, paging, enhanced specialized mobile radio (ESMR), personal communication services (PCS), commercial mobile radio service (CMRS) and other wireless commercial telecommunication devices and all associated structures and equipment including transmitters, antennas, monopoles, towers, masts and microwave dishes, cabinets and equipment rooms. These provisions and criteria do not apply to noncommercial satellite dish antennae, radio and television transmitters and antennae incidental to residential use. All references made throughout this Section, to any of the devices to which this Section is applicable, shall be construed to include all other devices to which this Section 26.575.130 is applicable. C. Procedure. 1. General. Pursuant to Section 26.304.020, the applicant shall conduct a pre-application conference with staff of the Community Development Department. The planner shall then prepare a pre-application summary describing the submission requirements and any other pertinent land use material, the fees associated with the reviews and the review process in general. 2. Administrative review. After the pre-application summary is received by the applicant, said applicant shall prepare an application for review and approval by staff and the Community Development Director, respectively. In order to proceed with additional land use reviews or obtain a development order, the Community Development Director shall find the submitted development application consistent with the provisions, requirements and standards ofthis Chapter. 3. Appeal of Director's determination. The Community Development Director may apply reasonable conditions to the approval as deemed necessary to ensure conformance with applicable review criteria in Subsection 26.575.130.F. If the Community Development Director determines that the proposed wireless telecommunication services facilities and equipment do not comply with the review City of Aspen Land Use Code Part 500, Page 82 criteria and denies the application or the applicant does not agree to the conditions of approval determined by the Community Development Director, the applicant may apply for special review (Chapter 26.430) by the Planning and Zoning Commission or, if applicable, by the Historic Preservation Commission, and such application must be made within fifteen (15) calendar days of the day on which the Community Development Director's decision is rendered. All appeals shall require public hearings and shall be noticed by the applicant in accordance with Paragraphs 26.304.060.E.3.a, b and c ofthis Code. 4. Historic Preservation Commission review. Proposals for the location of wireless telecommunication services facilities or equipment on any historic site or structure or within any historic district, shall be reviewed by the Historic Preservation Commission (HPC). Review of applications for wireless telecommunication services facilities and/or equipment by the HPC shall replace the need for review by the Community Development Director. Likewise, if the Historic Preservation Commission determines that the proposed wireless telecommunication services facilities and equipment do not comply with the review criteria and denies the application or the applicant does not agree to the conditions of approval determined by the Historic Preservation Commission, the applicant may appeal the decision to the City Council, and such appeal must be filed within fifteen (15) calendar days of the day on which the Historic Preservation Commission's decision is rendered. All appeals shall require public hearings and shall be noticed by the applicant in accordance with Paragraphs 26.304.060.E.3.a, b and c ofthis Code. 5. Building permit. A building permit application cannot be filed unless and until final land use approval has been granted and a development order has been issued. When applying for building permits, the applicant shall submit a signed letter acknowledging receipt of the decision granting land use approval and his/her agreement with all conditions of approval, as well as a copy of the signed document granting the land use approval for the subject building permit application. 6. Special review. An application requesting a variance from the review standards for height of wireless telecommunications service facilities and/or equipment or an appeal of a determination made by the Community Development Director, shall be processed as a special review in accordance with the common development review procedures set forth in Chapter 26.304. The special review shall be considered at a public hearing for which notice has been posted and mailed, pursuant to Paragraphs 26.304.060.IE:3.b and c. Review is by the Planning and Zoning Commission. If the property is listed on the Aspen inventory of historic landmark sites and structures or within a Historic Overlay District and the application has been authorized for consolidation pursuant to Chapter 26.304, the Historic Preservation Commission shall consider the special review. Such special review may be approved, approved with conditions or denied based on conformance with the following criteria: City of Aspen Land Use Code Part 500, Page 83 1. Conformance with the applicable review standards of Subsection 26.575.130.F. 2. If the facility or equipment is located on property listed on the Aspen inventory of historic landmark sites and structures or within any historic district, then the applicable standards of Chapter 26.415 (Development involving the Aspen inventory of historic landmark sites and structures or development in an "H," Historic Overlay District) shall apply. D. Application. An application for approval of new, modified or additional wireless telecommunication services facilities and/or equipment shall comply with the submittal requirements applicable to conditional use reviews pursuant to Chapter 26.304, Common development review procedures and Chapter 26.425, Conditional uses of the Aspen Municipal Code. Also, wireless telecommunication services facilities and equipment applications shall contain at least the following additional information: 1. Site plan or plans drawn to a scale of one (1) inch equals ten (10) feet or one (1) inch equals twenty (20) feet, including "before and after" photographs (simulations) specifying the location of antennas, support structures, transmission buildings and/or other accessory uses, access, parking, fences, signs, lighting, landscaped areas and all adjacent land uses within one hundred fifty (150) feet. Such plans and drawings should demonstrate compliance with the review standards of this Section. 2. Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified (wet ink signed and stamped and dated within the past twelve (12) months) by a registered land surveyor, licensed in the State. 3. Landscape plan drawn to a scale of one (1) inch equals ten (10) feet or one (1) inch equals twenty (20) feet, including "before and after" photographs (simulations) indicating size, spacing and type of plantings and indicating steps to be taken to provide screening as required by the review standards of this Section. The landscape plans shall also indicate the size, location and species of all existing vegetation and whether each of those indicated are proposed for removal (indicate proposed mitigation), relocation (indicate from and to) or preservation. The planner can determine if a landscape plan is necessary; for instance, when an antenna is to be attached to a building, this requirement may be waived. 4. Elevation drawings or "before and after" photographs/drawings simulating and specifying the location and height of antennas, support structures, transmission buildings and/or other accessory uses, fences and signs. 5. Lighting plan and photometric study indicating the size, height, location and wattage of all proposed outdoor lighting sources. This study must also include a graphic indicating the spread and degree/intensity of light from each source/fixture. This City of Aspen Land Use Code Part 500, Page 84 requirement can be waived by the Community Development Director if little or no outdoor lighting is proposed. 6. Structural integrity report from a professional engineer licensed in the State documenting the following: a. Tower height and design, including technical, engineering, economic and other pertinent factors governing selection ofthe proposed design; b. Total anticipated capacity of the structure, including number and types of antennas which can be accommodated; c. Failure characteristics of the tower and demonstration that site and setbacks are of adequate size to contain debris in the event of failure; and d. Specific design and reconstruction plans to allow shared use. This submission is required only in the event that the applicant intends to share use of the facility by subsequent reinforcement and reconstruction ofthe facility. 7. FAA and FCC coordination. Statements regarding the regulations of the Federal Aviation Administration (FAA) and the Federal Communications Commission (FCC), respectively, that: a. (Required only if the facility is near an airfield) The application has not been found to be a hazard to air navigation under Part 77, Federal Aviation, Federal Aviation Regulations or a statement that no compliance with Part 77 is required and the reasons therefor. A letter from the Sardy Field Airport Administrator will also be required if the Community Development Director determines that the proposed facility may impact airport operations; b. (Required of all wireless telecommunication services facility or equipment applicants) The application complies with the regulations of the Federal Communications Commission with regard to maximum radio frequency and electromagnetic frequency emissions or a statement from the applicant that no such compliance is necessary and the reasons therefore. 8. Evidence that an effort was made to locate on an existing wireless telecommunication services facility site including coverage/ interference analysis and capacity analysis and a brie f statement as to other reasons for success or no success. 9. Written documentation in the form of a signed affidavit demonstrating a good faith effort in locating facilities in accordance with site selection order of preference outline below. 10. All companies and providers of wireless telecommunication service facilities and equipment within the City shall, during their preapplication conference for a new City of Aspen Land Use Code Part 500, Page 85 facility, be prepared to verbally outl ine, to the best of current knowledge, a master or long-term plan for all proposed sites within a three-mile radius of the City. In particular, companies and providers should be prepared to discuss their need for the proposed site and how it fits into their existing and proposed coverage grids. E. General provisions and requirements. The following provisions apply to all wireless telecommunication services facilities and equipment applications, sites and uses. 1. Prohibitions. Lattice towers (a structure, with three or four steel support legs, used to support a variety of antennae; these towers generally range in height from sixty (60) to two hundred (200) feet and are constructed in areas where great height is needed, microwave antennas are required or where the weather demands a more structurally sound design) are prohibited within the City. Towers (support structures) shall be prohibited in the following Zone Districts: Medium-Density Residential (R-6); Moderate-Density Residential (R-15, R-15A, R- 158); Low-Density Residential (R-30); Residential Multi-Family (I*IF, RMFA); and Affordable Housing/Planned Unit Development (AH-1/PUD). All wireless telecommunication services facilities and equipment not prohibited by the preceding statements shall be allowed in all other zone districts subject to review and approval by the Community Development Director pursuant to the provisions, requirements and standards of this Chapter, including consistency with the dimensional requirements of the underlying zone district. 2. Site selection. Wireless communication facilities shall be located in the following order ofpreference: First: On existing structures such as buildings, communication towers, flagpoles, church steeples, cupolas, ball field lights, nonornamental/antique street lights such as highway lighting, etc. Second: In locations where the existing topography, vegetation, buildings or other structures provide the greatest amount of screening. Least: On vacant ground or highly visible sites without significant visual mitigation and where screening/buffering is difficult at best. 3. Interference. See Section 15.04.470, Radio Interference Prohibited, ofthis Code. 4. Airports and flight paths. Wireless telecommunication services facilities and equipment shall not present a hazard to air navigation under Part 77, Federal Aviation, Federal Aviation Regulations. 5. Historic sites and structures. In addition to the applicable standards of Chapter 26.415, all of the foregoing and following provisions and standards of this Chapter City of Aspen Land Use Code Part 500, Page 86 shall apply when wireless telecommunication services, facilities and equipment are proposed on any historic site or structure or within any historic district. 6. Public buildings, structures and rights-of-way. Leasing of public buildings, publicly owned structures and/or public rights-of-way for the purposes of locating wireless telecommunication services facilities and/or equipment is encouraged. In cases where a facility is proposed on City property, specific locations and compensation to the City shall be negotiated in lease agreements between the City and the provider on a case- by-case basis and would be subject to all of the review criteria contained in this Section. Such agreements would not provide exclusive arrangements that could tie up access to the negotiated sites or limit competition and must allow for the possibility of "co-locating" (sharing of facilities) with other providers as described in Subsection E.7, below. 7. Co-location. Co-location or sharing, of facilities with other providers is encouraged. Co-location can be achieved as either building-mounted, roof-mounted or ground- mounted facilities. In designing poles, applicants are strongly encouraged to consider the possibility of present or future co-location of other wireless communication equipment by structurally overbuilding in order to handle the loading capacity of additional antennas, for the use of the company and for other companies to use as well. Applicants shall use good faith efforts to negotiate lease rights to other telecommunications users who desire to use the monopole. Co-location on an existing support structure (tower) shall be permitted as an accessory use. A maximum of two (2), twenty-four (24) inch diameter dish antennas are permitted per monopole. Projections of any type on the monopole, which are not antennas, are strongly discouraged. Multiple use facilities are encouraged as well. Wireless telecommunication services facilities and equipment may be integrated into existing or newly developed facilities that are functional for other purposes, such as ball field lights, flagpoles, church steeples, highway lighting, etc. All multiple use facilities shall be designed to make the appearance ofthe antennae relatively inconspicuous. The co-location requirement may be waived by the Community Development Director upon a showing that either federal or state regulations prohibit the use, the proposed use will interfere with the current use, the proposed use will interfere with surrounding property or uses, the proposed user will not agree to reasonable terms or such co- location is not in the best interest of the public health, safety or welfare. Time needed to review a co-location request shall not greatly exceed that for a single applicant. 8. Maintenance. All towers, antennas, related facilities and equipment and subject sites shall be maintained in a safe and clean manner in accordance with project approvals and building codes. The operator/property owner shall be responsible for maintaining free from graffiti, debris and litter, those areas of the site which are adjacent to the premises over which he or she has control. The applicant shall be responsible for reasonable upkeep of the facility and subject property. All towers, antennas and City of Aspen Land Use Code Part 500, Page 87 related facilities shall be subject to periodic inspection to ensure continuing compliance with all conditions of approval and requirements of this Section. 9. Abandonment and removal. All required approvals will be in effect only so long as the antennas and other structures are operated at the site. Facilities that are not in use for ninety (90) consecutive days for cellular communication purposes shall be considered abandoned and shall be removed by the facility owner. The site shall be restored to the condition it was in prior to the installation/location of the facility. Such removal shall be carried out in accordance with proper health and safety requirements. A written notice of the determination of abandonment shall be sent or delivered to the operator of the wireless communication facility. The operator shall have ninety (90) days to remove the facility or provide the Community Development Department with evidence that the use has not been discontinued. The Community Development Director shall review all evidence and shall determine whether or not the facility is abandoned. Upon refusal or failure of an owner and/or operator to timely remove a facility as required under this Section, the facility shall be deemed an abandoned illegal structure subject to abatement as a public nuisance. 10. Conditions and limitations. The City shall reserve the right to add, modify or delete conditions after the approval of a request in order to advance a legitimate City interest related to health, safety or welfare. Prior to exercising this right, the City shall notify the owner and operator in advance and shall not impose a substantial expense or deprive the affected party of a substantial revenue source in the exercising of such right. Approval by the Community Development Director for a wireless telecommunication services facility and/or equipment application shall not be construed to waive any applicable zoning or other regulations; and wherein not otherwise specified, all other requirements of this Code shall apply. All requests for modifications of existing facilities or approvals shall be submitted to the Community Development Director for review under all provisions and requirements of this Section. If other than minor changes are proposed, a new, complete application containing all proposed revisions shall be required. F. Review standards. The following standards are designed to foster the City's safety and aesthetic interests without imposing unreasonable limitations on wireless telecommunication services facilities and equipment.: 1. Setbacks. At a minimum, all wireless telecommunication services facilities and equipment shall comply with the minimum setback requirements of the underlying zone district; if the following requirements are more restrictive than those of the underlying zone district, the more restrictive standard shall apply. a. All facilities shall be located at least fifty (50) feet from any property lines, except when roof-mounted (above the eave line of a building). Flat-roof mounted City of Aspen Land Use Code Part 500, Page 88 facilities visible from ground level within one-hundred (100) feet of said property shall be concealed to the extent possible within a compatible architectural element, such as a chimney or ventilation pipe or behind architectural skirting of the type generally used to conceal HVAC equipment. Pitched-roof-mounted facilities shall always be concealed within a compatible architectural element, such as chimneys or ventilation pipes. b. Monopole towers shall be set back from any residentially zoned properties a distance of at least three (3) times the monopole's height (i.e., a sixty (60) foot setback would be required for a twenty (20) foot monopole) and the setback from any public road, as measured from the right-of-way line, shall be at least equal to the height ofthe monopole. c. No wireless communication facility may be established within one-hundred (100) feet of any existing, legally established wireless communication facility except when located on the same building or structure. d. No portion of any antenna array shall extend beyond the property lines or into any front yard area. Guy wires shall not be anchored within any front yard area, but may be attached to the building. 2. Height. The following restrictions shall apply: a. Wireless telecommunication services facilities and/or equipment not attached to a building shall not exceed thirty-five (35) feet in height or the maximum permissible height ofthe given Zone District, whichever is more restrictive. b. Whenever a wireless telecommunication services antennd is attached to a building roof, the antenna and support system for panel antennas shall not exceed five (5) feet above the highest portion of that roof, including parapet walls and the antenna and support system for whip antennas shall not exceed ten (10) feet above the highest portion of that roof, including parapet walls. c. The Community Development Director may approve a taller antenna height than stipulated in b. above if it is his or her determination that it is suitably camouflaged, in which case an administrative approval may be granted. d. If the Community Development Director determines that an antenna taller than stipulated in b. above cannot be suitably camouflaged, then the additional height of the antenna shall be reviewed pursuant to the process and standards (in addition to the standards ofthis Section) of Chapter 26.430 (Special review). e. Support and/or switching equipment shall be located inside the building, unless it can be fully screened from view as provided in the "Screening" standards (26.475.130 and 26.575.130.F.5) below. City ofAspen Land Use Code Part 500, Page 89 3. Architectural compatibility. Whether manned or unmanned, wireless telecommunication services facilities shall be consistent with the architectural style of the surrounding architectural environment (planned or existing) considering exterior materials, roof form, scale, mass, color, texture and character. In addition: a. If such facility is accessory to an existing use, the facility shall be constructed out of materials that are equal to or of better quality than the materials of the principal use. b. Wireless telecommunication services equipment shall be of the same color as the building or structure to which or on which such equipment is mounted or as required by the appropriate decision-making authority (Community Development Director, Historic Preservation Commission, Planning and Zoning Commission or City Council, as applicable). c. Whenever wireless telecommunication services equipment is mounted to the wall of a building or structure, the equipment shall be mounted in a configuration designed to blend with and be architecturally integrated into a building or other concealing structure, be as flush to the wall as technically possible and shall not project above the wall on which it is mounted. d. Monopole support buildings, which house cellular switching devices and/or other equipment related to the use, operation or maintenance of the subject monopole, must be designed to match the architecture of adjacent buildings. If no recent and/or reasonable architectural theme is present, the Community Development Director may require a particular design that is deemed to be suitable to the subject location. e. All utilities associated with wireless communication facilities or equipment shall be underground (also see "Screening" below). 4. Compatibility with the natural environment. Wireless telecommunication services facilities and equipment shall be compatible with the surrounding natural environment considering land forms, topography and other natural features and shall not dominate the landscape or present a dominant silhouette on a ridge line. In addition: a. If a location at or near a mountain ridge line is selected, the applicant shall provide computerized, three-dimensional, visual simulations of the facility or equipment and other appropriate graphics to demonstrate the visual impact on the view of the affected ridges or ridge lines; an 8040 Greenline Review, pursuant to the provisions of Section 26.435.030, may also be required. b. Site disturbances shall be minimized and existing vegetation shall be preserved or improved to the extent possible, unless it can be demonstrated that such disturbance to vegetation and topography results in less visual impact to the surrounding area. City of Aspen Land Use Code Part 500, Page 90 c. Surrounding view planes shall be preserved to the extent possible. d. All wireless telecommunication services facilities and equipment shall comply with the Federal Communication Commission's regulations concerning maximum radio frequency and electromagnetic frequency emissions. 5. Screening. Roof-and-ground-mounted wireless telecommunication services facilities and equipment, including accessory equipment, shall be screened from adjacent and nearby public rights-of-way and public or private properties by paint color selection, parapet walls, screen walls, fencing, landscaping and/or berming in a manner compatible with the building's and/or surrounding environment's design, color, materials, texture, land forms and/or topography, as appropriate or applicable. In addition: a. Whenever possible, if monopoles are necessary for the support of antennas, they shall be located near existing utility poles, trees or other similar objects; consist of colors and materials that best blend with their background; and, have no individual antennas or climbing spikes on the pole other than those approved by the appropriate decision-making authority (Community Development Director, Historic Preservation Commission, Planning and Zoning Commission or City Council, as applicable). b. For ground-mounted facilities, landscaping may be required to achieve a total screening effect at the base of such facilities or equipment in order to screen the mechanical characteristics; a heavy emphasis on coniferous plants for year-round screening may be required. Landscaping shall be of a type and variety capable of growing within one (1) year to a landscape screen which satisfactorily obscures the visibility of the facility. c. Unless otherwise expressly approved, all cables for a facility shall be fully concealed from view underground or inside o f the screening or monopole structure supporting the antennas; any cables that cannot be buried or otherwise hidden from view shall be painted to match the color of the building or other existing structure. d. Chain link fencing shall be unacceptable to screen facilities, support structures or accessory and related equipment (including HVAC or mechanical equipment present on support buildings); fencing material, if used, shall be six (6) feet in height or less and shall consist of wood, masonry, stucco, stone or other acceptable materials that are opaque. e. Notwithstanding the foregoing, the facility shall comply with all additional measures deemed necessary to mitigate the visual impact of the facility. Also, in lieu of these screening standards, the Community Development Director 'may allow use of an alternate detailed plan and specifications for landscape and screening, including plantings, fences, walls, sign and structural applications, City ofAspen Land Use Code Part 500, Page 91 manufactured devices and other features designed to screen, camouflage and buffer antennas, poles and accessory uses. For example, the antenna and supporting structure or monopole may be of such design and treated with an architectural material so that it is camouflaged to resemble a tree with a single trunk and branches on its upper part. The plan should accomplish the same degree of screening achieved by meeting the standards outlined above. 6. Lighting and signage. In addition to other applicable sections of the code regulating signage or outdoor lighting, the following standards shall apply to wireless telecommunication services facilities and equipment: a. The light source for security lighting shall feature down-directional, sharp cut-off luminaries to direct, control, screen or shade in such a manner as to ensure that there is no spillage of illumination off-site. b. Light fixtures, whether free standing or tower-mounted, shall not exceed twelve (12) feet in height as measured from finished grade. c. The display of any sign or advertising device other than public safety warnings, certifications or other required seals on any wireless communication device or structure is prohibited. d. The telephone numbers to contact in an emergency shall be posted on each facility in conformance with the provisions of Chapter 26.510, Signs, ofthis Title. 7. Access ways. In addition to ingress and egress requirements of the Building Code, access to and from wireless telecommunication services facilities and equipment shall be regulated as follows: a. No wireless communication device or facility shall be located in a required parking, maneuvering or vehicle/pedestrian circulation area such that it interferes with or in any way impairs, the intent or functionality of the original design. b. The facility must be secured from access by the general public but access for emergency services must be ensured. Access roads must be capable of supporting all potential emergency response vehicles and equipment. c. The proposed easements for ingress and egress and for electrical and telephone shall be recorded at the County Clerk and Recorder's Office prior to the issuance of building permits. (Ord. No. 1-2002 Â§ 18; Ord. No. 52-2003, Â§Â§ 14,15) 26.575.140. Accessory uses and accessory structures. An accessory use shall not be construed to authorize a use not otherwise permitted in the zone district in which the principal use or structure to which it is accessory. An accessory use or structure may not be established prior to the establishment of the principal use or structure to which it is accessory. Accessory buildings or structures shall not be provided with kitchen or bath facilities sufficient to render them suitable for permanent residential occupation. City of Aspen Land Use Code Part 500, Page 92 26.575.150. Outdoor lighting. A. Intent and purpose. The City has experienced a significant increase in the use of exterior illumination. City residents value small town character and the qualities associated with this character, including the ability to view the stars against a dark sky. They recognize that inappropriate and poorly designed or installed outdoor lighting causes unsafe and unpleasant conditions, limits their ability to enjoy the nighttime sky and results in unnecessary use of electric power. It is also recognized that some exterior lighting is appropriate and necessary. This Section is intended to help maintain the health, safety and welfare of the residents of Aspen through regulation of exterior lighting in order to: a. Promote safety and security; b. Help preserve the small town character; c. Eliminate the escalation of nighttime light pollution; d. Reduce glaring and offensive light sources; e. Provide clear guidance to builders and developers; f. Encourage the use of improved technologies for lighting; g. Conserve energy; and h. Prevent inappropriate and poorly designed or installed outdoor lighting. B. Applicability. The lighting standards of this Section shall be applicable to all outdoor lighting within the City. Existing outdoor lighting shall be considered legal nonconforming lighting for one (1) year from the adoption date ofthis ordinance. C. Definitions. (a) Fully shielded light: Light fixtures shielded or constructed so that no light rays are directly emitted by the installed fixture at angles above the horizontal plane as certified by a photometric test report. The fixture must also be properly installed to effectively down direct light in order to conform with the definition. (b) Foot-candles: A unit of illumination of a surface that is equal to one lumen per square foot. For the purposes of these regulations, foot-candles shall be measured at a height of 3 ft. above finished grade. (c) Fixture height: Height of the fixture shall be the vertical distance from the ground directly below the centerline ofthe fixture to the lowest direct light emitting part ofthe fixture. (d) High intensity discharge light source (HID): Light sources characterized by an arc tube or discharge capsule that produces light, with typical sources being metal halide, high pressure sodium and other similar types which are developed in accordance with accepted industry standards. (e) Point light source: The exact place from which illumination is produced (i.e., a light bulb filament or discharge capsule). City of Aspen Land Use Code Part 500, Page 93 (f) Light trespass: The shining of light produced by a light fixture beyond the boundaries ofthe property on which it is located. D. Lighting plans. (a) An outdoor lighting plan shall be submitted in conjunction with applications for subdivision, planned unit development, development within any environmentally sensitive area, special review application and building permit application for a commercial or multi-family building. Such lighting plans shall be subject to establishment and approval through the applicable review processes. Said lighting plan shall show the following: (1) The location and height above grade of light fixtures; (2) The type (such as incandescent, halogen, high-pressure sodium) and luminous intensity of each light source; (3) The type of fixture (such as floodlight, full-cutoff, lantern, coach light); (4) Estimates for site illumination resulting from the lighting, as measured in foot- candles, should include minimum, maximum and average illumination. Comparable examples already in the community that demonstrate technique, specification and/or light level should be provided if available to expedite the review process; and (5) Other information deemed necessary by the Community Development Director to document compliance with the provisions of this Chapter. (b) Single family and duplex building shall be in compliance with the standards of Section 26.575.090. E. Nonresidential lighting standards. The following lighting standards shall be applicable to all nonresidential properties including mixed uses: (a) Outdoor lighting used to illuminate parking spaces, driveways, maneuvering areas or buildings shall conform to the definition for "fully shielded light fixtures" and be designed, arranged and screened so that the point light source shall not be visible from adjoining lots or streets. No portion of the bulb or direct lamp image may be visible beyond a distance equal to or greater than twice the mounting height of the fixture. For example, for a fixture with a mounting height of twelve (12) feet, no portion of the bulb or direct lamp image may be visible from twenty-four (24) feet away in any direction. The light level shall not exceed ten (10) foot-candles as measured three (3) feet above finished grade. Exemptions may be requested for areas with high commercial, pedestrian or vehicular activity up to a maximum of twenty (20) foot- candles. City of Aspen Land Use Code Part 500, Page 94 (b) Outdoor lighting shall be twelve (12) feet or less in height unless it meets one (1) of the following criteria: 1. The lighting is fully shielded and the point light source is not visible beyond the boundaries of the property in which it is located; or 2. The lighting is otherwise approved in Subsection 27.575.150.K, Miscellaneous Supplemental Regulations, Review standards. (c) All light sources which are not fully shielded shall use other than a clear lens material as the primary lens material to enclose the light bulb so as to minimize glare from that point light source. Exceptions may be allowed where there is a demonstrated benefit for the community determined through the exemption process listed in this Section. (d) High Intensity Discharge (HID) light sources are allowed with a maximum wattage of one-hundred-seventy-five high-pressure sodium (HPS) and one-hundred-seventy-five- watt metal halide (coated lamp - 3,000 degrees Kelvin). Standards for other IIID light sources may be established by the City for new technology consistent with the above restrictions. (e) Spacing for security and parking lot light fixtures that are pole mounted shall be no less than seventy-five (75) feet apart. Decorative fixtures (which are also fully shielded) are allowed to maintain a fifty-foot fixture spacing. Wall mounted fixture spacing for security lighting shall be no less than fifty (50) feet measured horizontally. Decorative fixtures directed back toward a building face shall be exempt from this spacing requirement when shielded and shall not exceed fifty (50) watts. Decorative fixtures that are not shielded shall maintain a minimum spacing of twenty-five (25) feet and shall not exceed fifty (50) watts. Where security lighting is a combination of pole and wall mounted fixtures, there shall be a minimum of seventy-five (75) feet and a maximum of one-hundred-fifty-foot spacing. (f) Pole mounted fixtures shall be limited to two (2) light sources per pole. (g) Mixed use areas that include residential occupancies shall comply with the residential standards on those floors or areas that are more than fifty percent (50%) residential based on square footage of uses. (h) Up-lighting is only permitted if the light distribution from the fixture is effectively contained by an overhanging architectural or landscaping element. Such elements may include awnings, dense shrubs or year-round tree canopies, which can functionally contain or limit illumination of the sky. In these cases the fixture spacing is limited to one (1) fixture per one hundred- fifty (150) sq. ft. of area (as measured in a horizontal plane) and a total lamp wattage within a fixture of thirty-five (35) watts. (i) Up-lighting of flags is permitted with a limit of two (2) fixtures per flagpole with a maximum of one hundred fifty (150) watts each. The fixtures must be shielded such that the point source is not,visible outside of a fifteen-foot radius. City of Aspen Land Use Code Part 500, Page 95 (j) Outdoor vending, such as gas stations, requires approval for lighting. Lighting shall not exceed a maximum of twenty (20) candles under the canopy. F. Residential lighting standards. The following lighting standards shall be applicable to residential properties: (a) Outdoor lighting shall be twelve (12) feet or less in height unless it meets one of the following criteria: â€¢ The lighting is used to illuminate above grade decks or balconies, is fully shielded and the point light source is not visible beyond the boundaries of the property in which it is located; or â€¢ The lighting is fully recessed into a roof soffit, fully shielded and is not visible beyond the boundaries ofthe property in which it is located; or â€¢ The lighting is otherwise approved in Section 27.575.150.K, Miscellaneous Supplemental Regulations, Review standards. (b) Outdoor lighting with HID light sources in excess of thirty-five (35) watts (bulb or lamp) shall be prohibited. In addition, incandescent light sources including halogen shall not exceed fifty (50) watts. (c) All light sources that are not fully shielded shall use material other than a clear lens material to enclose the light source. The point light source shall not be visible from adjacent properties. (d) Landscape lighting is limited to thirty-five (35) watts per fixture per one hundred fifty (150) square feet of landscaped area (as measured in a horizontal plane). (e) Security lights shall be restricted as follows: 1. The point light source shall not be visible from adjoining lots or streets. 2. Flood lights must be controlled by a switch or preferably a motion sensor activated only by motion within owners property. 3. Timer controlled floodlights shall be prohibited. 4. Photo ceillights shall be allowed under the following circumstances: (a) At primary points of entrance (e.g., front entries) or in critical common areas for commercial and multi-family properties; (b) Where the light sources are fully shielded by opaque material (i.e., the fixture illuminates the area but is not itself visibly bright); and (c) The light source or fluorescent (or compact fluorescent) to eliminate excess electricity consumption. City ofAspen Land Use Code Part 500, Page 96 5. Lights must be fully shielded, down directed and screened from adjacent properties in a manner that limits light trespass to one-tenth (.1) of a foot candle as measured at the property line. 6. Light intensity shall not exceed ten (10) foot-candles measured three (3) feet above finished grade. 7. No light fixture shall be greater than twelve (12) feet in height. Exceptions are: (a) Tree mounted fully shielded, downward directed lights using a light of twenty- five (25) watts or less and (b) Building mounted flood lights fully shielded, downward directed lights using a light of fifty (50) watts or less. (c) Motion sensor lights may be permitted, but only where the sensor is triggered by motion within the owner's property lines. (d) Light trespass at property lines should not exceed .1 of a foot-candie as measured at the brightest point. G. Reserved. H. Exemptions. The following types of lighting installations shall be exempt from the provisions, requirements and review standards of this Section, including those requirements pertaining to Zoning Officer review. 1. Holiday lighting. Winter holiday lighting which is temporary in nature and which is illuminated only between and including November 15 and March 1 shall be exempt from the provisions of this Section, provided that such lighting does not create dangerous glare on adjacent streets or properties, is maintained in an attractive condition and does not constitute a fire hazard. 2. Municipal lighting. Municipal lighting installed for the benefit of public health, safety and welfare including, but not limited to, traffic control devices, street lights and construction lighting. 3. Temporary lighting. Any person may submit a written request to the Community Development Director for a temporary exemption request. If approved, the exemption shall be valid for not more than fourteen (14) days from the date of issuance of a written and signed statement of approval. An additional fourteen (14) day temporary exemption may be approved by the Director. The Director shall have the authority to refer an application for a temporary exemption to the Planning and Zoning Commission or the Historic Preservation Commission if deemed appropriate. A temporary exemption request shall contain at least the following information: a. Specific exemption or exemptions requested; b. Type, use and purpose of outdoor lighting fixtures involved; c. Duration oftime requested for exemption; d. Type of lamp and calculated lumens; City of Aspen Land Use Code Part 500, Page 97 e. Total wattage of lamps; f. Proposed location on premises of the outdoor light fixtures; g. Previous temporary exemptions, if any; h. Physical size of outdoor light fixtures and type of shielding provided; and i. Such other information as may be required by the Community Development Department Director. 4. Approved historic lighting fixtures. Nonconforming lighting fixtures which are consistent with the character of the historic structure or district may be exempted with approval from the Historic Preservation Officer or Historic Preservation Commission. Approved fixtures shall be consistent with the architectural period and design style of the structure or district and shall not exceed fifty (50) watts. 5. Decorative lighting elements, such as shades with perforated patterns and opaque diffusers, may be exempted from the fully-shielded requirement provided they do not ' exceed fifty (50) watts. 6. If a proposed lighting plan or fixtures are proposed that do not meet this Code but that have demonstrable community benefit, an exemption may be considered. The applicant shall submit additional information to adequately assess the community benefit for approval by the Community Development Director. I. Prohibitions. The following types of exterior lighting sources, fixtures and installations shall be prohibited in the City ofAspen. 1. Light sources shall not be affixed to the top of a roof or under a roof eave, except where required by Building Code. 2. Lighting for the purpose of illuminating a building facade shall be prohibited when such lighting is mounted to the ground or poles or is mounted on adjoining/adjacent structures. 3. Blinking, flashing, moving, revolving, scintillating, flickering, changing intensity and changing color lights and internally illuminated signs shall be prohibited, except for temporary holiday displays, lighting for public safety or traffic control or lighting required by the FAA for air traffic control and warning purposes. 4. Mercury vapor and low-pressure-sodium lighting shall be prohibited due to their poor color rendering qualities. 5. Linear lighting (including but not limited to neon and fluorescent lighting) primarily intended as an architectural highlight to attract attention or used as a means of identification or advertisement shall be prohibited. 6. Unshielded floodlights and timer controlled flood lights shall be prohibited. City of Aspen Land Use Code Part 500, Page 98 7. Lighting directed toward the Roaring Fork River or its tributaries. 8. No outdoor lighting may be used in any manner that could interfere with the safe movement of motor vehicles on public thoroughfares. The following is prohibited: a. Any fixed light not designed for roadway illumination that produces direct light or glare that could be disturbing to the operator of a motor vehicle. b. Any light that may be confused with or construed as a traffic control device except as authorized by State, Federal or City government. 9. No beacon or search light shall be installed, illuminated or maintained. 10. Up-lighting is prohibited, except as otherwise provided for in this Section. J. Nonconforming lighting. Unless otherwise specified within this Ordinance, within one (1) year of the effective date of this Ordinance, all outdoor lighting fixtures that do not conform to requirements of this Ordinance must be replaced with conforming fixtures or existing fixtures must be retrofitted to comply. Violations shall be corrected within sixty (60) days of being cited. Until that time, all existing outdoor lighting fixtures that do not already comply shall be considered legal nonconforming fixtures. K. Review standards. 1. Height. Outdoor residential and commercial lighting shall be twelve (12) feet or less above grade in height. Special review by the Planning and Zoning Commission may allow lighting of a greater height under the following circumstances: (a) A fixture at a greater height is required due to safety, building design or extenuating circumstances in which case the light shall be fully shielded with a nonadjustable mounting; or (b) Lighting for commercial parking and vehicle circulation areas may have a maximum height of twenty (20) feet above grade and shall be fully shielded 2. Foot-candles. Outdoor nonresidential (26.575.070), Sign (26.575.080) and Residential (26.575.090) Lighting standards shall not exceed the foot-candles designated in their respective Sections. Special review by the Planning and Zoning Commission may allow lighting of a greater intensity under the following circumstances: (a) A fixture of a greater light intensity is required due to safety, building design or extenuating circumstances in which case the light shall be fully shielded with a nonadjustable mounting; or (b) An architectural or historical feature requires greater illumination, in which case the light shall be fully shielded with a nonadjustable mounting. City of Aspen Land Use Code Part 500, Page 99 L. Procedures. 1. Administrative review procedures. Lighting plans submitted in conjunction with applications for subdivision, planned unit development, development within any environmentally sensitive area or special review application shall be reviewed by the Planning and Zoning Commission. 2. Lighting plans submitted as a part of a building permit application for a commercial or multi-family structure shall be reviewed administratively by the Community Development Director. The Director shall have the authority to refer an application to the Planning and Zoning Commission or the Historic Preservation Commission if deemed appropriate. 3. Appeals. Any appeals related to decisions regarding outdoor lighting shall be made to the Board of Adjustment compliant with the procedures in the Appeals Chapter 26.316 ofthis Title. (Ord. No. 47-1999, Â§ 1; Ord. No. 52-2003, Â§Â§ 16-20) 26.575.160. Dormitory. Occupancy of a dormitory unit shall be limited to no more than eight (8) persons. Each unit shall provide a minimum of one hundred fifty (150) square feet per person of net living area, including sleeping, bathroom, cooking and lounge used in common. Standards for use and design of such facilities shall be established by the City's housing designee. 26.575.170. Fuel storage tanks. All fuel storage tanks shall be completely buried beneath the surface of the ground except that above ground storage tanks may be approved as conditional uses in the Service/Commercial /Industrial and Public Zone Districts. 26.575.180. Restaurant. Restaurants shall only be permitted to prepare or serve food outdoors, in required open space, when approved by the Planning and Zoning Commission pursuant to Section 26.575.030, Resident multi-family replacement program. A restaurant shall be required to have service delivery access from an alley or other off-street service delivery area. If the restaurant is located off ground level, it shall have use of an elevator or dumbwaiter for service access. A grocery store or similar establishment which prepares and serves food but which principally sells packaged or nonperishable food and drink shall not be considered a restaurant. 26.575.190. Farmers' market. A farmers' market is permitted as a conditional use in the Park (P) and Public (PUB) Zone Districts and in public parks and public rights-of-way, provided a vending agreement is obtained in accordance with Section 15.04.350. The following regulations shall apply to farmers' markets: A. It shall operate no more than two (2) days per week, unless modified by the Planning and Zoning Commission under its conditional use review; City of Aspen Land Use Code Part 500, Page 100 B. It opens to the public no earlier than 7 a.m. and closes no later than 2 p.m., unless modified by the Planning and Zoning Commission under its conditional use review; and C. It shall be limited to those weeks that fall between the first Saturday in June and the weekend following the Thanksgiving holiday, inclusive, unless modified by the Planning and Zoning Commission under its conditional use review. 26.575.200. Group homes. Group homes shall not be located closer than seven-hundred-fifty (750) feet from another group home, shall be used exclusively as a residence for no more than eight (8) persons and shall be in compliance with all City, State and Federal Health, Safety and Fire Code Provisions. Sec. 26.575.210.Lodge occupancy auditing. The Community Development Director shall be authorized to require periodic operational audits of lodge developments to ensure compliance with the Land Use Code and requirements for lodge operations. This audit may include, but is not limited to, an occupancy report of the lodge and individual units therein; rate schedules; the manner in which short-term occupancies are marketed and managed; physical aspects of the operation, such as the number of units and pillows in the lodge, the number of affordable housing units provided on site, other units and amenities on site and the number of parking spaces provided on site; the ' dimensional characteristics of the lodge; and any additional conditions of approval. The Community Development Director may request that information be provided in a specific time frame, and may request a site inspection as part of the audit. Property owners may request that certain information, such as marketing strategies or rate schedules, be held in confidence by the City. (Ord. No. 12,2007, Â§37) City of Aspen Land Use Code Part 500, Page 101 City o f Aspen Land Use Code Part 500, Page 102 Chapter 26.580 ENGINEERING DEPARTMENT REGULATIONS Sections: 26.580.010 Purpose 26.580.020 Subdivisions 26.580.010. Purpose. The purpose of this Chapter is to codify Engineering Department regulations relating to development. 26.580.020. Subdivisions. The following regulations shall apply to all development involving a subdivision. A. Improvements. 1. Required improvements. The following improvements shall be provided for the proposed subdivision: a. Permanent survey monuments, range points and lot pins. b. Paved streets, not exceeding the requirements for paving and improvements of a collector street. c. Curbs, gutters and sidewalks. d. Paved alleys. e. Traffic-control signs, signals or devices. f. Street lights. g. Street name signs. h. Street trees or landscaping. i. Water lines and fire hydrants. j. Sanitary sewer lines. k. Storm drainage improvements and storm sewers. 1. Bridges or culverts. m. Electrical lines. n. Telephone lines. City of Aspen Land Use Code Part 500, Page 103 o. Natural gas lines. p. Cable television lines. 2. Approved plans. Construction shall not commence on any of the improvements required by Section 26.480.050 until a plan, profile and specifications have been received and approved by the City engineer and, when appropriate, the relevant utility company. 3. Oversized utilities. In the event oversized utilities are required as a part of the improvements, arrangements for reimbursement shall be made whereby the subdivider shall be allowed to recover the cost of the utilities that have been provided beyond the needs ofthe subdivision. B. Design standards. The following design standards shall be required for all subdivisions. 1. Streets and related improvements. The following standards shall apply to streets regardless of type or size, unless the street has been improved with paving, curb, gutter and sidewalk: a. Conform to plan for street extension. Streets shall conform to approved plans for street extensions and shall bear a logical relationship to the topography and to the location of existing or planned streets on adjacent properties. b. Right-of-way dedication. Right-of-way shall be dedicated for the entire width for all local, collector and arterial streets. c. Right-of-way width. Street and alley right-of-way widths, curves and grades shall meet the following standards. Minimum Maximum Center Right-of- Percent Street Line Curve Way of Grade Classification Radius (ft.) Width (ft.) (%) Local 100 60 10 Collector 250 80 6 Arterial 625 100 5 Alley 50 20 5 d. Half-street dedications. Half-street dedications shall be prohibited unless they are for the purpose of increasing the width o f an inadequate existing right-of-way. e. Street ends at subdivision. When a street is dedicated which ends on the subdivision or is on the perimeter of the subdivision, the last foot of the street on the terminal end or outside perimeter of the subdivision shall be dedicated to the City of Aspen Land Use Code Part 500, Page 104 City of Aspen in fee simple and shall be designated by using outlot(s). The City shall use the dedicated land for public road and access purposes. f. Cul-de-sacs. Cul-de-sacs shall not exceed four hundred (400) feet in length and shall have a turnaround diameter of one hundred (100) feet. A cul-de-sac of less than two hundred (200) feet in length in a single-family detached residential area does not require a turnaround if the City engineer determines a "T," "Y" or other design is adequate turnaround for the vehicles expected to use the cul-de-sac. g. Dead-end streets. Dead end streets, except for cul-de-sacs, shall be prohibited unless they are designed to connect with future streets on adjacent lands that have not been platted. In cases where these type of dead end streets are allowed, a temporary turnaround of one hundred (100) feet shall be constructed. h. Centerline offset. Streets shall have a centerline offset of at least one hundred twenty-five (125) feet. i. Reverse curves. Reverse curves on arterial and collectors streets shall be joined by a tangent of at least one hundred (100) feet in length. j. Changes in street grades. All changes in street grades shall be connected by vertical curves of a minimum length in feet equivalent to the following appropriate "K" value multiplied by the algebraic difference in the street grades. Street Collector Local Arterial Classification "K" value for: Crest vertical 28 16 55 curve Sag vertical curve 35 24 55 k. Alleys. Alleys shall be provided in subdivisions where commercial and industrial development is expected, except when other provisions are made and approved for service access. 1. Intersections. Intersections shall approximate right angles and have a minimum tangent of fifty (50) feet on each leg. The subdivision design shall minimize the number of local streets that intersect arterial streets. m. Intersection grade. Intersection grades shall not exceed four (4) percent for a minimum distance of one hundred (100) feet on each leg. Flatter grades are desirable. n. Curb return radii. Curb return radii for local street intersections shall be fifteen (15) feet. Curb return radii and corner setbacks for all other types of intersections City of Aspen Land Use Code Part 500, Page 105 shall be based upon the expected types of vehicle usage, traffic volumes and traffic patterns using accepted engineering standards. In case of streets which intersect at acute angles, appropriate increases in curb return radii shall be made for the necessary turning movements. o. Turn bypasses and turn lanes. Right-turn bypasses or left-turn lanes shall be required at the intersection of arterial streets or the intersection of an arterial street with a collector street if traffic conditions indicate they are needed. Sufficient right-of-way shall be dedicated to accommodate such lanes when they are required. p. Street names and numbers. When streets are in alignment with existing streets, any new streets shall be named according to the streets with which they correspond. Streets which do not fit into an established street-naming pattern shall be named in a manner which will not duplicate or be confused with existing street names within the City or its environs. Street numbers shall be assigned by the City building inspector in accordance with the City numbering system. q. Installation of curb, gutter sidewalks or driveways. No finish paving, curb, gutter, sidewalks or driveways shall be constructed until one year after the installation of all subsurface utilities and improvements. r. Sidewalks. Sidewalks shall be eight (8) feet wide in all Commercial Core (CC), Commercial (Cl), Neighborhood Commercial (NC) and Commercial Lodge (CL) I Zone Districts and five (5) feet wide in all other zone districts where sidewalks are required. Consideration shall be given to existing and proposed landscaping when establishing sidewalk locations. s. City specifications for streets. All streets and related improvements shall be constructed in accordance with City specifications which are on file in the office of the City engineer. t. Range point monuments. Prior to paving any street, permanent range point monuments meeting the standards set forth below shall be installed to approximately finished grade. Permanent range point boxes shall be installed during or as soon as practicable after paving. u. Street name signs. Street name signs shall conform to the type currently in use by the City. v. Traffic control signs. Any required traffic-control signs, signals or devices shall conform to the "Manual of Uniform Traffic Control Devices." w. Street lights. Street lights shall be placed at a maximum spacing of three hundred (300) feet. Ornamental street lights are desirable. City of Aspen Land Use Code Part 500, Page 106 x. Street tree. One (1) street tree of three-inch caliper for deciduous trees measured at the top of the ball or root system or a minimum of six-foot height for conifers, shall be provided in a subdivision in residential zone districts for each lot of seventy (70) foot frontage or less and at least two (2) such trees shall be provided for every lot in excess of seventy (70) feet frontage. Corner lots shall require at least one (1) tree for each street. Trees shall be placed so as not to block sight distances at driveways or corners. The City Parks and Recreation Department shall furnish a list of acceptable trees. Trees, foliage and landscaping shall be provided in subdivisions in all other zone districts in the City in accordance with the adopted street landscaping plan. 2. Easements. a. Utility easements. Utility easements of ten (10) feet in width on each side of all rear lot lines and five (5) feet in width on each side of lot lines shall be provided where necessary. Where the rear or side lot lines abut property outside of the subdivision on which there are no rear or side lot line easements at least five (5) feet in width, the easements on the rear and side lot lines in the subdivision shall be twenty (20) feet and ten (10) feet in width, respectively. b. "T" intersections and cul-de-sacs. Easements twenty (20) feet in width shall be provided in "T" intersections and cul-de-sacs for the continuation of utilities or drainage improvements, if necessary. c. Potable water and sewer easements. Water and sewer easements shall be a minimum oftwenty (20) feet in width. d. Planned utility or drainage system. Whenever a subdivision embraces any part of a planned utility or drainage system designated on an adopted plan, an easement shall be provided to accommodate the plan within the subdivision. e. Irrigation ditch, channel natural creek. Where an irrigation ditch or channel, natural creek or stream traverses a subdivision, an easement sufficient for drainage and to allow for maintenance of the ditch shall be provided. f. Fire lanes and emergency access easements. Fire lanes and emergency access easements twenty (20) feet in width shall be provided where required by the City fire marshal. g. Planned street or transit alignment. Whenever a subdivision embraces any part of an existing or planned street or transit alignment designated on an adopted plan, an easement shall be provided to accommodate the plan within the subdivision. 3. Lots and blocks. a. General. Lots shall meet all applicable regulations ofthis Title. City of Aspen Land Use Code Part 500, Page 107 b. Side lot lines. Side lot lines shall be substantially at right angles or radial to street lines. c. Reversed corner lots and through lots. Reversed corner lots and through lots shall be prohibited except where essential to provide separation from arterial streets because of slope or to prevent the development of incompatible land uses. d. Front on street. Alllots shall front on a public or private street. e. State Highway 82. No lot shall front on, nor shall any private driveway access to State Highway 82. f. Block lengths. Block lengths shall normally be at least four hundred (400) feet in length and not more than one thousand four hundred (1,400) feet in length between street intersections. g. Compatibility. Block lengths and widths shall be suitable for the uses contemplated. h. Mid-block pedestrian walkways. In blocks over five hundred (500) feet long, mid- block pedestrian walkways shall be provided. 4. Survey monuments. a. Location. The external boundaries of all subdivisions, blocks and lots shall be monumented on the ground by reasonably permanent monuments solidly embedded in the ground. These monuments shall be set not more than fourteen hundred (1,400) feet apart along any straight boundary line, at all angle points and at the beginning, end and points of change of direction or change of radius of any curved boundaries. b. Section 38-51-101 C.R.S. 1973. All monuments shall be set in accordance with the provisions of Section 38-51-101 C.R.S. 1973, as amended from time to time, unless otherwise provided for in this Title. c. Range points and boxes. Range points and boxes meeting City specifications shall be set on the centerline of the street right-of-way unless designated otherwise. 5. Utilities. a. Potable waterlines and appurtenances. All potable waterlines, fire hydrants and appurtenances shall meet the City's standard specifications on file in the City engineer's office. b. Size of waterlines. All potable water lines shall be at least eight (8) inches in size unless the length of the line is less than two hundred (200) feet. Where the potable City of Aspen Land Use Code Part 500, Page 108 waterline is less than two hundred (200) feet in length, its minimum size shall be six (6) inches in width. c. Fire hydrants. Fire hydrants shall be spaced no farther apart than five hundred (500) feet in detached residential and duplex subdivisions. Fire hydrants shall be no farther than three hundred fifty (350) feet apart in multi-family residential, business, commercial, service and industrial subdivisions. d. Sanitary sewer. Sanitary sewer facilities shall meet the requirements of the Aspen Consolidated Sanitation District. e. Underground utilities. All utilities shall be placed underground, except transformers, switching boxes, terminal boxes, meter cabinets, pedestals and ventilation ducts. f. Other utilities. Other utilities not specifically mentioned shall be provided in accordance with the standards and regulations of the applicable utility department or company. g. Utilities stubbed out. All utilities shall be stubbed out at the property line of lots. 6. Storm drainage. a. Drainage plan. The drainage plan for the proposed subdivision shall comply with the criteria in the City's "Urban Runoff Management Plan." b. Detention storage. Short-term on-site detention storage shall be provided to maintain the historical rate of runoff for the one-hundred-year storm from the undeveloped site. c. Maintain historical drainage flow. In cases where storm runoff from an upstream basin passes through the subdivision, the drainage plan shall provide adequate means for maintaining the historical drainage system. d. Calculations and quantities of flow. The drainage plan shall include calculations and quantities of flow at the points of concentration. 7. Flood hazard areas. The following standards shall apply to special flood hazard areas. a. The proposed subdivision design shall be consistent with the need to minimize flood damage to public utilities and facilities such as sewer, gas, electricity and potable water systems; b. Base flood elevation data shall be provided for any proposed subdivision of at least fifty (50) lots or five (5) acres, whichever is less. City ofAspen Land Use Code Part 500, Page 109 8. Compatibility to natural or scenic features. The design and location of any proposed structure, building envelope, road, driveway, trail or similar development is compatible with significant natural or scenic features ofthe site. 9. Variations of design standards. Variation from the provisions of this may be granted by the Planning and Zoning Commission by special review as provided for in Chapter 26.430. City of Aspen Land Use Code Part 500, Page 110 Chapter 26.590 TIMESHARE DEVELOPMENT Sections: 26.590.010 Purpose and intent 26.590.020 Overview oftimeshare development 26.590.030 Exempt timesharing 26.590.040 Procedure for review of timeshare lodge development application 26.590.050 Contents of application 26.590.060 Characteristics of a timeshare lodge development 26.590.070 Review standards for timeshare lodge development 26.590.080 Business license and sales tax payments 26.590.090 Timeshare documents Editor's note-Ord. No. 21-2002 Â§ 1 repealed former Chapter 26.590, which pertained to similar provisions and enacted a new Chapter 26.590 as herein set out. Former Chapter 26.590 was derived from Ord. No. 5-1988 Â§ 2 as amended by Ord. Nos. 55-2000 Â§ 17 and 51- 2001 Â§ 2. 26.590.010. Purpose and intent. The purpose of this Chapter is to establish the procedures and standards by which timeshare development may be permitted within the City. It is the City's intent to establish timeshare regulations that provide for the protection of the character of Aspen as a resort community and that help to promote increased tourism and vitality within the City. Specifically, the City intends that new timeshare projects in Aspen will implement the goals of the Aspen Area Community Plan and will help to achieve the following public purposes: A. Increased vitality. Timeshare developments can provide the opportunity for increased tourism to Aspen, can add to the level of community vitality and can help to create a more sustainable local economy. This can be accomplished by expanding the number and variety of "hot beds" available to visitors, raising occupancy levels in the accommodations sector and attracting "new trials" to Aspen, from persons who have not previously visited this community. B. Preserve and enhance lodging inventory. Aspen's tourist accommodations inventory has for some time included a significant percentage of traditional lodges. The community would like to preserve and enhance this lodging inventory, by encouraging timeshare units to be contained in projects that look and operate in a manner similar to Aspen's traditional lodges. These regulations have been designed to accomplish this purpose by establishing standards for the physical and operational features of timeshare lodges, to ensure that new and re-developed timeshare lodges maintain Aspen's lodging traditions. C. Upgrade quality of accommodations. It is important to Aspen's tourist economy that its accommodations are kept up-to-date. Timeshare development offers the opportunity to infuse capital into the short term accommodations inventory, so facilities can be modernized. It is equally important to ensure that once facilities are upgraded, the facility is managed to City of Aspen Land Use Code Part 500, Page 111 provide a quality visitor experience over time. These regulations are intended to ensure that timeshare lodges are properly maintained over the life of the development. D. Maintain community character. Aspen has a valued reputation as a quality resort community. The City intends to regulate timeshare marketing and sales practices, to ensure that the way timeshare estates are marketed and sold is consistent with the character of this community and to minimize the potential for practices that would create an inappropriate image of Aspen. The City also intends to provide protection for its long term residential neighborhoods, to ensure that the impacts of timeshare development do not adversely affect the character of these residential areas, by limiting this use to the City's lodge and selected commercial zone districts. (Ord. No. 21-2002 Â§ 1 [part]) 26.590.020. Overview of timeshare development. A. Applicability. The requirements of this Chapter shall apply to all timeshare development within the City. These requirements shall be in addition to all other applicable requirements set forth in this Title 26 and those set forth in the Colorado Statutes. B. Types of timeshare development. There are two types of timeshare development that may be permitted within the City, as follows: 1. Timeshare lodge development is the basic form oftimesharing permitted in Aspen. It applies to any application to convert lodge units or residential dwelling units to timesharing or to develop new units for timesharing, except for those applications that are eligible for an exemption, as described below. Timeshare lodge development is a permitted use in the Lodge/Tourist Residential (L/TR), Commercial Lodge (CL), Lodge Preservation Overlay (LP), Commercial Core (CC) and Ski Area Base (SKI) Zone Districts. To obtain approval of a timeshare lodge development, an applicant shall follow the procedures outlined in Section 26.590.040 below and shall comply with the applicable characteristics of Section 26.590.060 below and the applicable standards of Section 26.590.070 below. 2. Exempt timesharing is a more limited type of timesharing permitted in Aspen. The only units eligible for this exemption are single-family dwelling units, condominiumized duplex dwelling units and condominiumized multi-family dwelling units within any individual condominium complex or condominium project that contains no more than six (6) such units. Exempt timesharing is a permitted use in the Lodge/Tourist Residential (L/TR) and the Ski Area Base (SKI) Zone Districts. To obtain approval for exempt timesharing, an applicant shall follow the procedures outlined in Subsection 26.590.030.B below and shall comply with the standards of Subsection 26.590.030.C below. (Ord. No. 21-2002 Â§ 1 [part]) 26.590.030. Exempt timesharing. A. Eligibility for exemption. 1. The following types of dwelling units are eligible to apply for this exemption: City of Aspen Land Use Code Part 500, Page 112 a. Single-family dwelling units; b. Condominiumized duplex dwelling units; and c. Condominiumized multi-family dwelling units within any individual condominium complex or condominium project that contains no more than six (6) such units. 2. To be eligible to apply for the exemption, the single-family, duplex or multi-family dwelling units must be located in the Lodge/Tourist Residential (L/TR) Zone District or the Ski Area Base (SKI) Zone District. B. Minimum requirements to obtain exemption. 1. No more than six (6) estates may be created in any dwelling unit via this exemption. An applicant wishing to create more than six (6) estates in any unit may do so only via an application for a timeshare lodge development. 2. The ownership interests that may be created pursuant to this exemption shall be limited to "time-span estates" as defined in Section 38-33-110, C.R.S., where the annually recurring exclusive right to possession and occupancy is determined by a schedule or formula. 3. Applications for exempt timesharing shall be processed as a subdivision exemption, pursuant to Subsection 26.480.030.A.5 of this Code. 4. The minimum application contents for the subdivision exemption application shall be as follows: a. The applicable portions ofthe information described in Subsections 26.590.050.A, B, F and G; and b. The general application contents required in Section 26.304.030, Application and fees. C. Review standards for exemption. An applicant for exempt timesharing shall demonstrate compliance with each ofthe following standards. These standards are in addition to those standards applicable to the review of the subdivision exemption. 1. The proposal shall not conflict with any applicable deed restrictions or private covenants or with any provisions of the Colorado Statutes. If the proposal is for a condominium, it shall comply with the applicable provisions of Subsection 26.590.070.I of this Code. 2. All units to be converted to timesharing shall comply with the City's adopted Fire, Health and Building Codes. If any unit does not comply with said Codes, then no sale City of Aspen Land Use Code Part 500, Page 113 of an interest in that unit shall be closed until a Certificate of Occupancy has been issued that brings the unit into compliance. 3. All dwelling units to be converted to timesharing shall comply with the requirements of the zone district in which they are located and all other applicable standards of this Code or with the requirements of any PUD or other site specific development approval granted to the property. 4. The conversion of any multi-family dwelling unit that meets the definition of residential multi-family housing to timesharing shall comply with the provisions of Chapter 26.530, Resident Multi-Family Replacement Program, even when there is no demolition of the existing multi-family dwelling unit. 5. The marketing, sales, management and operation of the timeshare estates shall comply with the provisions of Subsection 26.590.070.F and 26.590.070.J, ofthis Code. 6. A wall sign shall be mounted on each building stating that it has been approved by the City for timesharing and providing the name and phone number of a management entity or local contact person who can be called in the event of an emergency or to respond to neighborhood concerns. The sign shall comply with the requirements of Subsection 26.510.030.B.22 ofthis Code. 7. Development shall be in compliance with the provisions of the Subdivision requirements in Chapter 26.480 when new lots or units are created. (Ord. No. 21-2002 Â§ 1 [part]) 26.590.040. Procedure for review of timeshare lodge development application. All timesharing that is not eligible for an exemption shall be processed as follows: A. PUD Review Required. Timeshare lodge development shall be processed as a Planned Unit Development (PUD), pursuant to Chapter 26.445 of this Code. B. Consolidated PUD Review. The Community Development Director may determine that because a timeshare lodge development is a conversion of an existing building or because of the limited extent of the issues involved in the proposal, the four step PUD review process should be consolidated into a two-step review, pursuant to Subsection 26.445.030.B.2, Consolidated conceptual and final review, development of a timeshare lodge in the Lodge Preservation Overlay (LP) Zone District, shall be processed as a two-step review, pursuant to Subsection 26.445.030.B.3. The Community Development Director is also authorized to waive those PUD submission requirements from Section 26.445.060 and review standards from Section 26.445.050 that the Director finds are not applicable to a proposed timeshare development. C. Subdivision review. Timeshare lodge development shall also require subdivision approval. Review of the subdivision application may be combined with final PUD review, as City ofAspen Land Use Code Part 500, Page 114 authorized by Subsection 26.304.060.B, Combined reviews, and by Subsection 26.445.030.B.4, Concurrent associated reviews. D. Growth Management Quota System review. Whenever a proposed timeshare lodge development or exempt timesharing is subject to review under the City's Growth Management Quota System (Chapter 26.470), the development shall be considered to be a "Tourist Accommodation" or a "Lodge" under that system. E. Authority to grant variations. Variations from the requirements applied to timeshare lodge development may be authorized by the City Council. An applicant requesting a variation shall demonstrate that the provision requested to be varied is not applicable to the proposed development or cannot be met and shall demonstrate that the proposed variation is reasonable, would not be contrary to the public interest and better implements the purpose and intent of these timeshare regulations than the codified requirement. (Ord. No. 21-2002 Â§ 1 [part]) 26.590.050. Contents of application. In addition to the general application information required in Section 26.304.030, Application and fees and those application contents for PUD and subdivision, the application for timeshare lodge development shall include the following information. For projects that require both conceptual and final review it is expected that this information will be provided in a preliminary manner at the conceptual stage and in a detailed manner at the final stage. A. Timeshare use plan: A detailed description of the basic elements of the proposed timeshare use plan. The use plan shall describe the number of estates being created in each unit, the total number of estates to be created, the expected price for each estate and whether a purchaser is buying a specific unit for a specific time, a specific unit for a floating time or whether there is no specific unit but just a specific time. It shall also describe whether owners will be able to participate in an exchange program and if so, in which programs they will be eligible to participate. The use plan shall also provide a specific description of how the development will comply with the requirements of Section 26.590.060, Characteristics of a timeshare lodge. B. Summary of disclosure statement and timeshare instruments. A detailed summary of each of the key points that will be included in the disclosure statement and the timeshare development instruments. (See Section 26.590.090) if the project receives approval from the City. C. Management plan. A plan for how the timeshare development will be managed, describing whether the applicant will manage the project or if it will be managed by a management company, a branded company or other entity and describing how the project will be operated. D. Marketing plan. The marketing plan for the timeshare development, including information on proposed sales techniques (including a description of gifts, premiums or City of Aspen Land Use Code Part 500, Page 115 promotions to be offered), sales packaging and whether a sales office will be established off- site. E. Budget. A planned budget for the proposed homeowners/condominium association estimating the proposed costs and expenditures for the management and maintenance of the timeshare development. F. Upgrading plan. For any existing project that is proposed to be converted to a timeshare lodge development, the applicant shall submit a plan of how the project will be physically upgraded and modernized. G. Tax collection. A statement indicating the manner in which real estate transfer taxes and sales taxes will be collected. H. Developer's registration. A copy of the Developer's registration with the Colorado Real Estate Commission. If the Developer has not so registered at the time of submission of the application, then this information shall be submitted at the time the timeshare documents are submitted for recordation, pursuant to Section 26.590.090 of this Code. (Ord. No. 21-2002 Â§ 1 [part]) 26.590.060. Characteristics of a timeshare lodge development. It is the intent of the City that all timeshare lodge developments incorporate some of the physical and operational features that are typically found in lodges in Aspen. The City recognizes that each timeshare development is unique and that each development should not contain all of these features. In fact, considering the proposed location of the development and the intended method of operating the facility, certain of these features may not be appropriate. The City also recognizes that when owners occupy their units, the development will operate more like a private residential complex than like a lodge. But the City seeks to balance that form of use with opportunities for other guests to use the facility. Therefore, the City has identified a menu of timeshare lodging features, including both mandatory and optional elements. All timeshare lodge developments shall incorporate the mandatory physical and operational features listed herein. However, an applicant may instead propose to substitute optional operational features for one (1) or more of the mandatory features listed herein or may propose its own set of features which ensure that the development operates in a manner similar to a lodge when the owners are not using their timeshare estates, as described further below. A. Mandatory physical elements. 1. All timeshare lodge developments shall have a staffed on-site front desk, located within a lobby that is sized to meet the needs of the project. If the timeshare lodge is part of a multi-site development, there may be a single front desk for these sites. The staffed front desk shall be open at least during regular business hours and shall be managed to provide full time registration and reservation services, including provision for late check-in and for other off-hours guest needs. The front desk shall accommodate walk-in rentals. City of Aspen Land Use Code Part 500, Page 116 2. A timeshare lodge development shall contain a sufficient level of recreational facilities (such as exercise equipment, a pool or spa or similar facilities) and other amenities (such as a lobby, meeting spaces and similar facilities) to serve the occupants, including facilities that can be used in the winter and the summer seasons. The extent of the facilities provided should be proportional to the size of the timeshare lodge development. The types of facilities should be consistent with the planned method and style of operating the development. 3. A timeshare lodge in the Commercial Core (CC) Zone District shall not have any lodge rooms located on the ground floor. Instead, a timeshare lodge in the CC Zone District shall contain at least one of the 1QlloÂ¥Ying_elements:_a-bar, restaurant or retail facilities. The elements provided shall be located along the street front,-shall be accessible from the street and shall be designed to serve the public, not just the occupants of the timeshare lodge. B. Mandatory operational practices. The City wants to ensure that the units in a timeshare lodge development are available for rental to the public when they are not being occupied by the owner, the owner's guests or persons occupying the unit under an exchange program. The City has identified certain operational practices that will accomplish this intent, which are listed in this Section. An applicant who agrees to include all of the practices listed below in the operation of the timeshare development shall be deemed to have complied with the requirements of this Subsection B and need not address any of the optional operational practices of Subsection C. The City recognizes, however, that there may be other ways to comply with this intent and will consider these and other operational practices. Applicants may propose to substitute one (1) or more of the optional practices listed in Subsection C, below, for one (1) or more of the mandatory practices listed in this Subsection B. Applicants may also propose other operational practices not listed in Subsection ) as a means of demonstrating compliance with this standard. Acceptance of the proposed optional practices as a substitute for one (1) or more of the mandatory practices shall be at the sole discretion of the City Council. - - - - -- 1. Timeshare estates shall be made available for short-term rental when the estate is not in use by the owner of the unit, the owner's guests or persons occupying the unit under - - an exchange program. Units that are available for rental shall be listed at competitive rates in a central reservation system. Listing of the unit with a recognized central reservation system in Aspen or through the central reservation system of the company that will manage the timesitare development, is preferred. 2. The covenants of the homeowners association shall permit walk-in rental of units. The association shall not limit rental of units to such arrangements as only weekly rentals or Saturday-to-Saturday rentals; instead the association shall permit shorter stays, split-week rentals and similar flexible arrangements. City of Aspen Land Use Code Part 500, Page 117 3. Owners of timeshare estates shall be required to reserve their unit/time sufficiently far enough in advance to enable the public to obtain access to those units that are not so , reserved. 4. The owner of a timeshare estate shall not be permitted to occupy that estate for any period in excess of thirty (30) consecutive calendar days. 5. The units that remain in the developer's inventory shall be made available for rental to the public while the estates are being sold, except for models and other units that are needed for marketing or promotional purposes. C. Optional operational features. 1. Timeshare lodge developments that subdivide each unit into a larger number of estates (more than ten (10) estates per unit) are preferred to those which subdivide each unit into a smaller number of estates (less than ten (10) estates per unit). 2. Applicants may formulate their timeshare use plan such that the purchaser would not expect to occupy the same unit each visit; instead the purchaser would purchase the right to occupy a certain type of unit for a certain period of time. Applicants may also include provisions in the Homeowners Association documents prohibiting owners from personalizing the unit they have purchased. 3. Applicants may design their development as a mixed project, which includes not only timeshare units, but also some units that would continue to be owned and operated by the applicant and his or her successors or assigns as traditional lodge units. Another type o f use plan that is encouraged would be for the applicant to agree not to sell all of the shares in every unit, but to instead keep some time reserved for rental to the public at market rates during both the high seasons and the off-seasons. 4. Applicants may decide to sell on and off-season estates as a package. 5. Applicants may include in their use plan provisions that allow for a wide range of exchange opportunities for owners, which will promote new Aspen trials. (Ord. No. 21-2002 Â§ 1 [part]) 26.590.070. Review standards for timeshare lodge development. An applicant for timeshare lodge development shall demonstrate compliance with each of the following standards, as applicable to the proposed development. These standards are in addition to those standards applicable to the review ofthe PUD and Subdivision applications. A. Fiscal impact analysis and mitigation. Any applicant proposing to convert an existing lodge to a timeshare lodge development shall be required to demonstrate that the proposed conversion will not have a negative tax consequence for the City. In order to demonstrate the tax consequences of the proposed conversion, the applicant shall prepare a detailed fiscal impact study as part of the final PUD application. The fiscal impact study shall contain at City of Aspen Land Use Code Part 500, Page 118 least the following comparisons between the existing lodge operation and the proposed timeshare lodge development: 1. A summary of the sales taxes paid to the City for rental of lodge rooms during the prior five years of its operation. If the lodge has stopped renting rooms prior to the time of submission of the application, then the summary shall reflect the final five (5) years the lodge was in operation. The summary of past taxes paid shall be compared to a projection of the sales taxes the proposed timeshare lodge development will pay to the City over the first five (5) years of its operation. As part of this projection, the applicant shall specify the number of nights the applicant anticipates each timeshare lodge unit will be available for daily rental to visitors (that is, the annual number of nights when the unit will not be occupied by the owner or the owner's guests), the expected visitor occupancy rate for these units, the expected average daily cost to rent the unit and the resulting amount of sales tax that will be paid to the City. 2. An estimation of the real estate transfer taxes that would be paid to the City if the existing lodge were to be sold. If an actual sale of the property has occurred within the last twelve (12) months, then the real estate taxes paid for that sale shall be used. This estimation shall be compared to a projection of the real estate transfer taxes the proposed timeshare lodge development will pay to the City over the first five (5) years of its operation. This projection shall include a statement of the expected sales prices for the timeshare estates and the applicable tax rate that will be applied to each sale. 3. A summary of the City-portion of the property taxes paid for the lodge for the prior , five (5) years of its operation and a projection of the property taxes the proposed timeshare lodge development will pay to the City over the first five (5) years of its operation. This projection shall include a statement of the expected value that will be assigned to the property by the Tax Assessor and the applicable tax rate. The fiscal impact study may also contain such other information that the applicant believes is relevant to understanding the tax consequences of the proposed development. For example, the applicant may provide information demonstrating there will be "secondary" or "indirect" tax benefits to the City from the occupancy of the timeshare units, in terms of increased retail sales and other economic activity in the community as compared to the existing lodge development. The applicant shall be expected to prove definitively why the timeshare units would cause such economic advantages that would not be achieved by a traditional lodge development. Any such additional information provided shall compare the taxes paid during the prior five (5) years of the lodge's operation to the first five (5) years of the proposed timeshare lodge's operation. If the fiscal impact study demonstrates there will be an annual tax loss to the City from the conversion of an existing lodge to a timeshare lodge in any of the specific tax categories (property tax, sales tax, lodging tax, RETT tax), then the applicant shall be required to propose a mitigation program that resolves the problem, to the satisfaction of the City Council. Analysis of the fiscal impact study shall compare existing tax City of Aspen Land Use Code Part 500, Page 119 revenues for a lodging property with anticipated tax revenues. The accepted mitigation program shall be documented in the PUD agreement for the project that is entered into between the applicant and the City Council. B. Upgrading of existing projects. Any existing project that is proposed to be converted to a timeshare lodge development shall be physically upgraded and modernized. The extent of the upgrading that is to be accomplished shall be determined as part of the PUD review, considering the condition of the existing facilities, with the intent being to make the development compatible in character with surrounding properties and to extend the useful life ofthe building. 1. To the extent that it would be practical and reasonable, existing structures shall be brought into compliance with the City's adopted Fire, Health and Building Codes. 2. No sale of any interest in a timeshare lodge development shall be closed until a Certificate of Occupancy has been issued for the upgrading. C. Preservation of existing lodging inventory. An express purpose of these regulations is to preserve and enhance Aspen's existing lodging inventory. Therefore, any proposal to convert an existing lodge or other property that provides short-term accommodations to a timeshare lodge should, at a minimum, replace the existing number of units on the property in the planned timeshare lodge. Ifthe applicant is unable to replace the existing number ofunits, then the timeshare lodge development shall replace the existing number of bedrooms on the property or the applicant shall demonstrate how the proposal complies with the purposes of these regulations, even though the planned timeshare lodge will not replace either the existing number of units or bedrooms. D. Affordable housing requirements. 1. Whenever a timeshare lodge development is required to provide affordable housing, mitigation for the development shall be calculated by applying the standards of the City's housing designee for lodge uses. The affordable housing requirement shall be calculated based on the maximum number of proposed lock out rooms in the development and shall also take into account any retail, restaurant, conference or other functions proposed in the lodge. 2. The conversion of any multi-family dwelling unit that meets the definition of residential multi-family housing to timesharing shall comply with the provisions of Chapter 26.530, Resident Multi-Family Replacement Program, even when there is no demolition of the existing multi-family dwelling unit. E. Parking requirements. 1. The parking requirement for timeshare lodge development shall be calculated by applying the parking standard for the underlying zone district for lodge uses. The City of Aspen Land Use Code Part 500, Page 120 parking requirement shall be calculated based on the maximum number of proposed lock out rooms in the development. 2. The timeshare lodge development shall also provide an appropriate level of guest transportation services, such as vans or other shuttle vehicles, to offer an alternative to having owners and guests using their own vehicles in Aspen. 3. The owner o f a timeshare estate shall be prohibited from storing a vehicle in a parking space on-site when the owner is not using that estate. F. Appropriateness of marketing and sales practices. The marketing and sale of timeshare estates shall be governed by the real estate laws set forth in Title 12, Article 61, C.R.S., as may be amended from time to time. The applicant and licensed marketing entity shall present to the City a plan for marketing the timeshare development. 1. The following marketing and sales practices for a timeshare development shall not be permitted: a. The solicitation of prospective purchasers of timeshare units on any street, mall or other public property or facility; and b. Any unethical sales and marketing practices which would tend to mislead potential purchasers. 2. Giving of gifts to encourage potential purchasers to attend a sales presentation or to visit a timeshare development is permitted, provided the gift reflects the local Aspen economy. For example, gifts for travel to or accommodations in Aspen, restaurants in Aspen and local attractions (ski passes, concert tickets, rafting trips, etc.) are permitted. Gifts that have no relationship to the local Aspen economy are not permitted. The following gifts are also not permitted: a. Any gift for which an accurate description is not given; b. Any gift package for which notice is not given to the prospective purchaser that the purchaser will be required to attend a sales presentation as a condition of receiving the gifts; and c. Any gift package for which the printed announcement of the requirement to attend a sales presentation is in smaller type face than the information on the gift being offered. G. Adequacy of maintenance and management plan. The applicant shall provide documentation and guarantees that the timeshare lodge development will be appropriately managed and maintained in a manner that will be both stable and continuous. This shall include an identification of when and how maintenance will be provided and shall also address the following requirements: City of Aspen Land Use Code Part 500, Page 121 1. A fair procedure shall be established for the estate owners to review and approve any fee increases which may be made throughout the life of the timeshare development, to provide assurance and protection to timeshare owners that management/assessment fees will be applied and used appropriately. 2. The applicant shall also demonstrate that there will be a reserve fund to ensure that the proposed timeshare development will be properly maintained throughout its lifetime. H. Compliance with State Statutes. The applicant shall demonstrate that the proposed timeshare lodge development will comply with all applicable requirements of Title 12, Article 61, C.R.S.; Title 38, Article 33, C.R.S.; and Title 38, Article 33.3, C.R.S.; including the requirements concerning the five (5) day period for rescission of a sales contract and the procedures for holding deposits or down payments in escrow. I. Approval by condominium owners. If the development that is proposed to be timeshared is a condominium, the applicant shall submit written proof that the condominium declaration allows timesharing, that one hundred percent (100%) of the owners of the condominium units have approved the timeshare development, including any improvements to the common elements that the applicant may propose, that all mortgagees of the condominium have approved the proposed timeshare development and that all condominium units in the timeshare development will be included in the same sales and marketing program. J. Prohibited practices and uses. Without in any way limiting any requirement contained in this Chapter, it is unlawful for any person to knowingly engage in any of the following practices: 1. The creation, operation or sale of a right-to-use interest or any other timeshare concept which is not specifically allowed and approved pursuant to the requirements of this Section. Right-to-use timeshare concepts (e.g., lease-holds and vacation clubs) are considered inappropriate in Aspen and are not permitted. 2. Misrepresentation of the facts contained in any application for timeshare approval, timeshare development instruments or disclosure statement. 3. Failure to comply with any representations contained in any application for timesharing or misrepresenting the substance of any such application to another who may be a prospective purchaser o f a timeshare interest. 4. Manage, operate, use, offer for sale or sell a timeshare estate or interest therein in violation of any requirement of this Chapter or any approval granted pursuant hereto or cause or aid and abet another to violate any requirement of this Chapter or an approval granted pursuant to this Chapter. (Ord. No. 21-2002 Â§ 1 (part), 2002; Ord. No. 13-2005, Â§ 5) City of Aspen Land Use Code Part 500, Page 122 26.590.080. Business license and sales tax payments. A. Business license. It shall be unlawful for any timeshare development to operate in the City without first obtaining a business license in accordance with the standard procedures of the City. B. Sales tax payments. Occupancy of any timeshare unit by anyone who pays a rental fee for the use of the unit (other than the owner thereof) shall be subject to the City's sales tax the same as if such occupancy were of a hotel or lodge unit. Any timeshare development, as a condition of its approval, shall be required to obtain an Aspen sales tax/lodging tax license, which shall establish how this tax shall be collected and paid to the City. The manager of the association shall be responsible for the timely collection of the City sales tax for the City for rentals made through the association or a reservation system. The manager shall notify individual estate owners that they are responsible for the payment of sales tax to the City for units rented on a private basis. (Ord. No. 21-2002 Â§ 1 (part), 2002) 26.590.090. Timeshare documents. At the same time the applicant submits the PUD development plan and PUD agreement to the City for recordation, pursuant to Section 26.445.070 or submits the necessary documents to record the subdivision exemption, the applicant shall also submit the following timeshare documents in a form suitable for recording. The Community Development Director may require the applicant to submit a draft version of these timeshare documents at the time of submission ofthe final PUD application. A. Disclosure statement. The applicant shall submit a disclosure statement that contains the following information: 1. The name and address of the developer of the timeshare development as well as a summary of the developer's business experience, including all background and experience in the development of timeshare development and the present financial condition ofthe developer. 2. The name and address of the manager/management company for the development, if any and a description of the manager's/management company's responsibilities, powers, duties, authority and business experience. All information on the manager's background and experience specifically related to timeshare development shall be provided. 3. The names and addresses of the marketing entity and the listing broker and a statement of whether there are any lawsuits pending or investigations that have been undertaken against the marketing entity or listing broker and if so, a description of the status or disposition of said lawsuits or investigations. A summary of the marketing entity's business experience including all background and experience related to timeshare development. City of Aspen Land Use Code Part 500, Page 123 4. A description of the timeshare units, including the developer's schedule for completion of all buildings, units and amenities, with dates of availability. 5. If the timeshare plan consists of a condominium or a similar form of ownership, a description of the development and any pertinent provisions of the condominium instruments. 6. Any restraints on the transfer of the purchaser's interest in the timeshare units or plan. 7. The timeshare use plan, which shall include a description of the rights and responsibilities under the plan. 8. Notice of any liens, title defects or encumbrances on or affecting the title to the units or plan and, if there are encumbrances or liens, a statement as to whether, when and how they will be removed. 9. Notice of any pending or anticipated legal actions that are material to the timeshare units or plan of which the applicant has or should have, knowledge. 10. The total financial obligation of the purchaser, which shall include the initial price and any additional charges to which the purchaser may be subject in purchasing the unit. 11. An estimate of the dues, maintenance fees, real property taxes, sales taxes, real estate transfer tax and similar periodic expenses and the method or formula by which they are derived and apportioned, which shall include whether maintenance fees are determined by unit, time of year or prorated share of the overall maintenance costs or any other means utilized to compute maintenance fees. 12. A statement demonstrating the manner in which management/assessment fees will be held, utilized and accounted for. 13. A description of any financing offered by the applicant. 14. The terms and significant limitations of any warranties provided, including statutory warranties and limitations on the enforcement thereof or on damages. 15. A statement that the proposed development will comply with all applicable requirements of Title 12, Article 61, C.R.S. Upon request from the City, the applicant shall provide a copy of the documents submitted to the State for the registration and certification of the timeshare developer. 16. The extent to which a timeshare unit may become subject to a tax or other lien arising out of claims against other timeshare owners of the same timeshare unit. 17. The minimum percentage of units the developer will require be sold before the developer will proceed with the completion of the timeshare development. City of Aspen Land Use Code Part 500, Page 124 18. A description of the maintenance to be supplied to the timeshare development, including how and when such maintenance will be provided. 19. Whether any or all the units in the proposed development will be available for participation in an exchange program. The applicant shall disclose which exchange program(s) the timeshare estate owners will be eligible to utilize. 20. A description of all insurance covering the property. 21. A description of the on-site amenities and recreational facilities which are available for use by the unit owners. All on-site amenities shall be owned by the homeowner's association and the developer shall not be allowed to charge any additional fees for use of the amenities. If there are any off-site facilities that are related to the property, these shall also be described, including a summary of any fees that timeshare owners would have to pay to use those off-site facilities. 22. A statement that any timeshare interest shall be expressly subject to all requirements and representations set forth in the disclosure statement. 23. For any timeshare development that is a conversion of an existing project, a statement shall be provided by the developer, based on a report prepared by an independent architect or engineer, licensed by the State, describing the present condition of all structural components and mechanical and electrical installations material to the use and enjoyment of the timeshare units. The statement shall also provide a list of any outstanding notices of uncured violations of Building Code or other municipal regulations, together with the estimated cost of curing those violations. B. Timeshare development instruments. The applicant shall submit the following timeshare development instruments: 1. Instruments for the interval estate or time span estate including: a. The legal description, street address or other description sufficient to identify the property. b. Identification of timeshare time periods by letter, name, number or combination thereof. c. Identification of the timeshare estate and the method whereby additional timeshare estates may be created. d. The formula, fraction or percentage of the common expenses and any voting rights assigned to each timeshare estate. e. Any restrictions on the use, occupancy, alteration or alienation of timeshare units. City of Aspen Land Use Code Part 500, Page 125 f. Any other matters that the applicant or the City Council deems reasonably necessary. 2. All timeshare development instruments shall provide for the following: a. That a homeowners association shall be established. Responsibility for maintenance of the development shall reside within the association. The association shall designate a managing agent. The management contract with the managing agent shall allow for either party to terminate, for cause, upon thirty (30) days notice. In the event the manager is terminated, a new managing agent shall be designated as quickly as possible by the association. Any management agreement shall specify the managing agent's duties and responsibilities to maintain the development. b. A stipulation by the owner of the timeshare interest irrevocably designating the homeowners association and/or the managing agent as an agent for the service of legal notices for any legal action, proceeding or hearing pertaining to the timeshare interest or for the service of process (in a manner sufficient to satisfy the requirements of personal service in the state, pursuant to Rule 4 C.R.C.P., as amended). c. Each timeshare interest with a multiple ownership shall be required to designate one managing agent as the spokesperson and voter for all of the owners involved. d. That the association shall have the ability to compel a timeshare owner to pay maintenance fees and if any owner's fees are not paid, his or her interest shall be subject to a lien and foreclosure or other divestment. In the event an owner or his or her guests violate the rules and regulations of the association, the association shall have the right to enjoin the violation and the prevailing party in such suit shall be awarded his or her court costs and reasonable attorney's fees. e. Provisions addressing reconstruction or repair of all or a portion of the timeshare development following its willful or non-willful destruction. Provisions should also be included addressing termination of the association, including the percentage of owners that must agree for the termination to become effective, what happens to the common elements in the event of a termination and how the proceeds shall be distributed in the event the property is taken due to condemnation or eminent domain. 3. Updating and filing. a. The developer and his or her successors and assigns (other than individual unit purchasers) shall have a continuing duty to update the disclosure statement and file with the City all amendments to the timeshare development's instruments. Such amendments shall comply with the requirements of this Section. No amendment which shall significantly alter the physical elements or operational practices of a City ofAspen Land Use Code Part 500, Page 126 timeshare lodge shall be effective unless approved and accepted by the City. All amendments shall be initially submitted for review to the Community Development Director who shall have authority to either approve a proposed amendment as in compliance with the requirements of this Section or refer the proposed amendment for appropriate subdivision or PUD approval. b. The condominium association and/or the homeowners association or both if there be multiple associations and not individual unit owners shall have the continuing responsibility to submit to the City any amendments to the condominium documents and/or timeshare development instruments that would alter any condition imposed by the City or any prior representation made by the applicant to obtain approval of the timeshare development. Once the condominium association has been formed, the City shall not accept any amendments for review without prior approval thereby. 4. Before transfer of a timeshare unit and no later than the date of execution of any contract of sale, the applicant or any other seller of a timeshare unit shall provide the intended transferee with a copy of the disclosure statement and any amendments thereto, except this requirement shall not apply to the owner of a single timeshare estate in a development who is attempting to sell the estate. 5. Conveyance of a timeshare interest shall be subject to the condominium declaration which shall include the disclosure statement as an exhibit thereto. (Ord. No. 21-2002 Â§ 1 (part), 2002) City of Aspen Land Use Code Part 500, Page 127 A-~CHMENT 2-LAND USEAPPLIC, IN 0062Â· 20(2. 452.-ul PROJECT: Name: Aspen Core - Review of SIA Plans Location: vacant corner parcel at Hunter St. and Hyman Ave., 521 E. Hyman Avenue, and 517 E. Hyman Ave. (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 273718224004 (corner parcel), 273718254001 (521 E. Hyman), and 273718224002 (517 E. Hyman) APPLICANT: Name: Aspen Core Ventures, LLC Address: do Andrew V. Hecht, Esq., Garfield & Hecht, PC, 601 East Hyman Avenue, Aspen, CO 81611 Phone #: 970-925-1936 RECEIVED REPRESENTATIVE: SEP 2 4 2012 Name: Stan Clauson, AICP, ASLA, Stan Clauson Associates, Inc. CITY OF ASPEN Address: 412 N. Mill Street, Aspen, CO 81611 COMMUNITY DEVELOPMENT Phone #: 970-925-2323 TYPE OF APPLICATION: (please check all that apply): GMQS Exemption U Conceptual PUD U Temporary Use GMQS Allotment U Final PUD (& PUD Amendment) U Text/Map Amendment Special Review Â£ Subdivision 01 Conceptual SPA ESA - 8040 Greenline, Stream U Subdivision Exemption (includes ~ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane U Commercial Design Review U Lot Split El Small Lodge Conversion/ Expansion U Residential Design Variance El Lot Line Adjustment Â® Other: U Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) The corner of Hunter and Hyman is currently a vacant commercial lot being used as a parking lot, 521 E. Hyman contains a partially occupied commercial building commonly known as the Benton Building, and 517 E. Hyman contains a commercial - building which house the Little Annie's Eating House restaurant. PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) Historic Landmark Designation, Subdivision, Growth Management Review, Conceptual Commercial Design Review, Benefits Through the AspenModern Program, and a Site Specific Development Plan were approved pursuant to Ordinance #15, Series of 2012. The approved dimensional requirements are for 33,005 sq. ft. of allowable floor area in a mixed-use commerical/residential building. Have you attached the following? FEES DUE: $ 1,210 Â® Pre-Application Conference Summary Â® Attachment #l, Signed Fee Agreement U Response to Attachment #3, Dimensional Requirements Form U Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards U 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. U El El El 7 4 COMMUNITY DEVELOPMENT DEPARTMENT ' Agreement to Pay Application Fees 0 An agreement between the City of Aspen (Â«City") and ~ ~ Property Phone No.: c/o Andrew V. Hecht, Esq. - i -< Owner CO: Aspen Core Ventures, LLC Email: ahecht@aa,fieldhecht.corn c-1 -r 970-925-1936 90 Address of 517/521 East Hyman Ave. Billing - Property: 29 m Address: 601 East Hyman Avenue b T Aspen, CO 81611 (subject of (send bills here) m z application) E I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these fiat fees are non-refundable. 0 0 Select Dept $ flat fee for Select Dept $ flat fee for - 0 $ flat fee for Select Dept 0 Select Review $ flat fee for For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. 1 understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time, I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my applicationat the hourly rates hereinafter stated. 945 3 __-_ _ $ deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $315 per hour. $265 deposit for 1 hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $265 per hour. City of Aspen: Property Owner: -220-: Chris Bendon N (11 Hemt- Community Development Director Name: Title: MA+170- City Use: 1210 Fees Due: $ Received: $ January, 2012 City of Aspen 1 130 S. Galena St. 1 (970) 920-5090 SEP 2 4 2012 RECEIVED O -0" RIGHT 20'2 /F A GERMAN =111â€¢F Lur,-Tr-Tr: r. DESIGN DFVFLOPMFNT 1 K E KLIGERMAN BARKLEY ARCHITECTS, P. C. FLOOR AREA CALCULATION CHART (GROSS) 427 BRYANT STREET SAN FRANCISCO, CA 94107 TEL 415- 371- 1850 Allowable Square Footaqe (per ordinance 5 series of 2012) FAX 212- 268- 5679 WWW. IKBA.COM Lot size: 75' x 100' = 15,000 sf Commercial allowable : 1.5 x 7,500 = 24,055 sf (22,153 leasable) Residential: 8,950 (7,605 sf usable) Total allowable floor area: 33.005 sf Allowable roof deck (per ordinance 5): 5,622 sf Allowable deck exemption: 15% of 8,950 = 1,343 sf LEVEL DECK COMMERCIAL RESIDENTIAL COMM. RES. COMM. COMMERCIAL RESIDENTIAL NON UNIT ROOF DECK EXEMPTION COMMON AREA COMMON AREA MECH. MECH. STORAGE GARAGE 167+160 (640+151- BASEMENT 5,096 SF 0 SF 1,194+152 (0+151)151 SF 948 SF = 327 SF 151 O SF O SF = 1,346 SF =791-151) 640 SF Res common Area FIRST 1,816+3,793+1,709 0 SF 1,384 SF 0 SF 0 SF 0 SF 55 SF 29 SF 0 SF 1068 SF 93 SF FLOOR +3000 .-1 1 ~ (TERRACE ~ - - _ ~ ~ 0 IT 0 = 10,318 SF 3 Terrace BELOW) - ~ 668 SF 354 SF ' Â· I 4,924+1,451+ 1,080 + 686 1,045 SF 194+111+113 73 SF 54 SF 29 SF 166 SF -4.~ SECOND 692+121 0 SF = 418 SF 1 - FLOOR = 7,188 - 0 -37 j 77 C + -...ill--I-=-- = 1,766 SF V 1 ~ -ON OP-1 EU J %1= 1 0 - 55+93 29 SF UNIT 2 - ROOF TERRACE| | FEE Unit 2 THIRD 0 SF 5,039+993= 668+354+707 0 SF = 148 SF 0 SF 0 SF 993 SF ~~' _ PLANTED ROOF ---'~~ . ~Â· | FLOOR 6,032 SF = 1,729 SF 1153 SF i I : 2,496+1,153+ 273+72+212 ROOF 0 SF 0 SF 0 SF 0 SF 0 SF 0 SF 29 SF 0 SF *JP- LAND~222 -101 @ 1 1 Re*clommoltrea = 3,649 SF = 557 SF 479/1 55 SF D.1 CATAGORY 10,318+7,188 1,766+6,032 1,384+1,045 = 5,378 SF deck (<allowable 418 SF 73+148 55+54 29+29+29+29 568-500=68 = 1... ./../1551-1 1 Exem ELEVATOR ~ JELEMI '-0- 29 SF Â·. 1- Â· fF'~~gZR I Unit 1 1,729+3,649 557 SF 1,068-500 =568 4IT 1- Roof TERRACE < 12.861 -- 5039*F A -32:/1-ZE-.- - 11 SUB =7,798 SF = 2,429 SF (<allowable 5,622 exepmtion = 221 SF = 109 SF = 116 SF 166 SF I = 17,506 SF 68+250 2496 SF ; R'Illk-4 1=1=- ~~~-=L ~--- u ~ ~ per ord. 5) [1 1 11 'UP ff,9~- .c== x Res. Mech. i TOTAL of 1,343) = 318 SF* ~5 == 29 SF 1 1. , 513(--- 1 4 21 SF 3* .,Â·5[E (TERRACE 1 ,02 r.:72 commercial: 17,506+418+109+166 = 18,199 + 2,088 Non-Unit** = 20,287 SF 1 I BELOW) TOTALS residential: 7,798+221+116 = 8,135 + 659 Non-Unit** = 8,794 SF (see break-down for individual units below) ~f ~ DNH ~M~~0~ ~ ~ -Pai-- SPA .-U. @ON .41- '/,7///A X 0 0 & 2 - Total FAR= [20,835-548]20,287 + 8,794= [29,629-548]29,081 SF 1 Â¥r 1 1 0 11 *Per Ordinance 27, table 26, we are allowed an exemtion of 250sf plus 50% of remaining area up to 500 sf per unit. , m ] I - **NON-UNIT CALCULATION RESIDENTIAL UNIT TOTALS: 00 1 I AL 1-2 LDROOF =-~--1 -/429%245*toftÂ«t~ -1 1 -1 -L=ommercial: 5,096+17,506+418+948+109+640+166 = 24883 (gross, including basement) unitl: 1,080+5,039=6,119 |1 1 '*,85 Residential: 7,798+221+116 = 8,135 (gross) 6,119/7,798=78% < ~ 1. Terrace unit 2: 686+993 = 1,679 - - k (TERRACE , . 707 SF 1,679 / 7,798 = 22% / BELOW) - _ _- - 1 r Â· Â· 0 Â· Â· Â· 41_ Â° . _ - ~ -,0-7-otal for non-unit calc: 24883 + 8,135 = 33048 - - - - 9,: -~ Commercial = 76% (24883/33048) Shared residential FAR = 221+116+659 = 996 SF , Residential = 24% (8,135/33048) Unit 1 - 6,119 + (996 x.78) = 6,896 SF : 1.0 Unit 2 = 1,679 + (996 x .22) = 1,898 SF , Non Unit = 2,429+318 = 2,747 Commercial = 2,747 x .76 = 2,088 SF 36 THIRD FLOOR FAR /-3 ROOF TERRACE FAR Residential = 2,747 x .24 = 659 SF '51 - 1/16" = 1'-0" 4~F 1/16" = 1'-0" NO. REVISION DATE 1 --1 -- 1 -1 - 7- - 11 1 31 1 Commercial Mech. Decommissioned Space* Unit 2 i | 54 SF 1 322 d ~ ~j<1M ~ 1 686 SF 1 - 1 9 lip 142, t{ D $ 1 111Â¥* Comm. Storage up 1 1 640 SF ~~ Decommissioned Space* Office Retail DN UP~ Garage ' c=i ENE 511 SF 1451 SF 1816 SF /=3222 1068 SF I d Commercial Mech. i ~_u_- 1 tu I I=Zic 1 | 1 1 L-@L-- 1 F = 3-C = = Res. Storaa, 11 4, ~ - \~_Conjm. Storage | | Non-unit Mech 151 SF - ~ 152 SF 4 66 SF 111 - 2 1 1 1 ,<- Air Lock,- ENon-Jnit i 1194 SF ==1/Ad 1.x] - 63Mmercial Mech. Â· 1 r~ U.[E-H,1121 I | 2 100 SFU / 1384 SF 2 E '1 -111 JY4 - 4-9- 41 948 SF - Office Res UliaArd a 11= , [ 1@Zemg! iEA-~ -~-,A.] Comm. common ar~1' 4924 SF 111* A I 2 E399-*91~84 SFY ~ [71 SF 04 : Res. Mech. 113 SF ! ' -Res. Mech. 326 h -= ' &= 71-/ Res. Mech.1 -1 1 1 29 SF 2,21' Pool Equip. 29 SF Non-Unit ~ Q -- 160 SF 4 FAR 1045 SF -8 Retail Restaurant 3000 SF -- - CALCULATIONS j 1 [JUI r-Â®uk[' 692 SF up Retail PIll L -~ Comm/comrn:p area Retail 1709 SF -17&- 1 1 Col-TIITI.1~J211 all~~ 11 111 SF EN |-- 3793 SF -,1 13Â¤ 1 Retail 1 5696-SF -: 1 1 ~N...__ OPEN TO t== 1 -3 #44 - - I BELOW -J---Â· 1, Ekemot .I ' f2 Trim 08.f As indicated 1 DAzzll Jft i - UNIL.1 I Retail ~ 1080 121 SF U liu 11 1- 1 ILI ==1 p' 17 ; ~ -~ 1 PROJECT NO: 11015 5 ISSUE DATE: OCTOBER 5, 2012 8 Â·~m-mÂ·mccrâ€¢hm-- I li DRAWN BY: SM, BH 17\ Tr CHECKED BY: SM S DESIGNED BY: JT * See Note on SIA-3 2 - 0 a '2' Gh SECOND FLOOR FAR ~ 01 FIRST FLOOR FAR 63 BASEMENT FAR 1_2 1/16" = 1'-0" L_/ 1/16" = 1'-0" L./ 1/16" = 1'-0" SIA-10 opeioloj 'ued ]11"1~'11-1 BL'l'J B Nd EL EFS ZLOULL/OL t 100.910-HT 2917 /F A:GFRMAN BAR/IF Â· ARCHUFCTE. r.c DFSIGN DFVFLOPMENT 1 K E KLIGERMAN BARKLEY ARCHITECTS, P.C 427 BRYANT STREET SAN FRANCISCO, CA 94107 TEL 415- 371-1850 FAX 212- 268- 5679 WWW.IKBA.COM NET LEAS EABLE/NET LIVABLE CALCULATION CHART Allowable Square Footage (per ordinance 5 series of 2012) Lot size: 75' x 100' = 15,000 sf Commercial allowable : 1.5 x 7,500 = 24,055 sf (22,153 net leasable area) Residential: 8,950 (7,605 sf net livable area) Total allowable floor area: 33.005 sf Shared Trash Room 1 ~-- j -- 9 - NET LEASABLE NET LIVABLE STORAGE COMMERCIAL RESIDENTIAL COMMERCIAL LEVEL 110 0 P --cjA Op- Non-Unit-7 *3 @p BASEMENT 4,872 SF 0 SF 148+604 = 752 SF 33 3%5 Unit 2 961 SF Non-Unit. FIRST 1,745+3,472+1,595+ 0 SF FLOOR 2 460 0 SF 4 fl k 'PUI g = 9,~72 SF U JU Dill Il N SECOND 4,780+1,429+932= 996+581 164 SF FLOOR 7,141 SF = 1,577 SF M'~ 53 5--Res. Mech. 11 up 91-1 -. [ 1 11 2132=3-2 THIRD 0 SF 4,907+961= 0 SF 3 I FLOOR 5,868 SF Unit 1 4907 SF i --. ROOF 0 SF 0 SF 0 SF - Pul .- --1- SUB- 4,872+9,272+7,141 1,577+5,868 752+164 TOTAL = 21,285 SF =7,445 SF = 916 SF commercial: 21,285+916=22,201 SF TOTAL NET , residential: 7,489 SF (unit 1: 996+4,907 - 5,903 sf LEASABLE unit 2: 581+961 = 1,542 sf) Qh THIRD FLOOR NET LEASABLE 41/ 1/16" = 1'-0" NO. REVISION DATE Decommissioned Space 393 SF --1 , " 1 -1 - 6.-1 1 7 lt , 2\ -1 -= a 77 1 - - ~ U 02 EDI I I ' 581 SF --4 = . 71 1 1 up 1 Comm. Storacle :-~ Decommissioned Space 12 'L- C r U = Retail Leasable Area DN UP 441 IDE- <~Commercial Mech ~.Commercial Mech. 1745 SF =rE= -~ 604 SF 482 SF 14 , Garage - Non-Unit Space ~,Commercial Mech. CEOEZZ omce lEE ~~j 4 Pv~3 1022 SF \\ // / AzziEZZ /////C EÂ» 2 Ii--=i 1 1429 SF I 4 3_2_r F Z 1[: I I P\JJJOY' uildinq MechDomm. Storaae 148 SF -: 0 , Non-Unit 1-24-1 - 1/1 M Comm. Storaae -/ c Non-Ung FI Rea Mech.7 _21=:Ui ~ in rm-\ - m%-- C 11 lili Ill 111111 IA 164 SF r- || LII!-LLL,laa 4.-22.JÂ·-2 -==51(4- - 147- \\ . 1 21 2 1 Office ==-7 \>/ 4 A 1% T--- - --- 1 ryl ' '- r--- ~11 Â£ 47E-SF -16\ /-1 Res. Mech. + . .-Res. Mech. -i -~ ~ 2~ 12.-fvl - . , NET LEASABLE/ Res. Mech. --- NET LIVABLE Non-Unit .- . _ _~Eup <Non-Unit - CALCULATIONS ri Tri --~ U~ - Retail Leasable Area Existing Restaurant i 3-- 1595 SF 2460 sf J,~ UULI lilli Al - k 1.. 1 Retail Leasable Area : up i _____ --_--~~~---___ 932 SF Retail Leasable Area **_ DN J uP , 1. 3472 SF LÂ·in ,' Retail Leasable Area 1=t= 4-A--b * k>opEN TO--- - _ 4872 SF --- - As indicated CZ -,//BELOW-=2.- ' r ==3 , - - i-- 11015 1[*211 ~ Irci z z PROJECT NO: . alb . # LA 1 ISSUE DATE: OCTOBER 5, 2012 0 - N..AA. TI <' DRAWN BY: SM, BH _ CHECKED BY: SM 11~ i lili , ij_-- : U- r n 1 - 1 --- DESIGNED BY: JT - SECOND FLOOR NET LEASABLE 3-1 FIRST FLOOR NET LEASABLE 03 BASEMENT NET LEASABLE SIA-11 3 L,/ 1/16" = 1'-0" 49 1/16" = 1'-0" OF 1/16" = 1 '-0" 32100 N3dSV opeloloj 'uadsÂ¥ \\IKECAL\Proiects\11015\C\Revit\Aspen Core-SIA CENTRAL.rvt Wd Â£2 EtÂ·Â£ ZIOZ/Lt/Ot APPENDIX C ilÂ» ary 4 Uwte cort 4 EFAAiA+ A 15 LIA 441 A 4 ASPEN CORE SIA PLANS t\A (517 EAST HYMAN AVENUE, 521 EAST HYMAN AVENUE, AND THE PARKING LOT ON THE CORNER OF HUNTER AND HYMAN STREETS) PARCEL OF LAND SITUATED IN THE NW 1/4 OF SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH RM. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO '44 fift#\~Â·Â·244-:P3#4f5Tfi--3- 'u'~~-;-t:Â·( ~7 2\%Littrr;74<84*4EÂ£&,EmBu2*,216~2~~~=&<~~~~~~~~~~~~~~~~~ _ 1 1 - ..Â»<33~4~i.6.u~*25:*i>~:----3..3.~..~-1~4*09Â¢5*wt- 3. ,- , 3 34 9%%~L,ig-4~j~] 7.49 *'.'. -r - RECEIVED 1 7 5 2 \LA"e . - k-Â¢ i , 1 91 i \ ...a<.:- I \; ...% 2\ f OCT 1 7 2012 1/1 1 + Pawalk.,Lksvt'.k,~L %*15:96.49403( 01 1 - L r:-* 4 - -.4 - . -;. z .2. . . - W/-//i:-OEE' ~~ ~ ~ j \~ K~E~iâ‚¬~'4' IP-i~J -- :'- - -QCX~ 42.*fr*h/*9'')1~,t, ,â€¢r n. 9*- ~NE \ x . - 4 .244 A- -- - S CITY OF ASPEN , C . - H - - 1Â·2Â·'N. 4. A <-_-~4 -fl*i-* I. I./.> COMMUNITY DEVELOPMENT -j '--1 J-:,1~~"i~1~6)#MMELENT).Yh 'WARM>3*1912Â»3--Li'.JAQÂ·. Â»i Â·3Â»743tf -:11&..1 04:0 /.4/42Â«F f '. i -. ...\ * '~**ME .Â·1:f-**~Ff '02&.43"613:0 ft-~,~.~~. *6 4.t~ 31 zlaAÂ«/-Â· -4 Â· ,*3- -- .4.>./ r:-- 1 f . f. . .,I ...... . / ./1 I / /: ,- a . ... . - ./ / / ./ 's _ //./*. - SHEETINDEX - \23Â· TO.â€¢ r'. â€¢ . #'Ir- 0. - I 21\ ).lb'/ ' X / 1 J 7,i 9%52~ 'ZI , ,- A.' 'V 1.26):-0*2 fC -. - 2 .. .t r- - ./ t A-. 1 D â€¢ f . 1 /41/ . . ...... . . Al ((1 4 ... 2 .... --- h ..."- *\.lt:k -I- U..P + 1321 1 1 ;', Jif. Â· SIA- 0 TITLE SHEET -- JA t,t r '')~ ' )3 - e . *1 .-- , - I . 01 h { 1 4 I ' '- . I -/ \ -~ COURSE '0:i-.fil~me!14.1 41,9- I . -- L_ Ul ) 3 / 1 (4 02 , , ' 1 ,/.4.4~.:~ ----~.63.<~ SIA -1 STREETSCAPE / LANDSCAPE PLAN -pri - 1Â·} 1 tli/ -- 1 Â£ 11 l ..Â£ -- ./h .,1' , I. 1 IfI , ..4-. Â·,'..7) i \ Â·Â·Â·'' Â·\ Iowa hÂ»Â·i W.9, Â· 7 f 1,!:/4 - / 7 ... . 4 .. 10 - 4/ . I. C.6 4/ I. -- til ..4 r:F, 1 < 1- - C , L .lu' 1,0\\V r-J '40'' ..UN//i//4/11,1:/ . A .)17 .. ' p 0 4;'r' F *.0*346,44(-Ox: 4 .... 41- f h 1 1 .1/,0. . 9 ./~1 1 9/Vt. & 'up. .J SIA - 2 STREETSCAPE DETAILS / I , 1* , 4.-. A . 11 ./74 ~ -4 '*43â€¢ Â·.*P:. f toN 79.pâ‚¬ ~1 -~~--*-,93*jilb~=1$..c ~'ipi,~ 6:46â„¢ 11,\ tel fl.9--0-<--' N. 1%44'.605$2h#. SIA - 3 BASEMENT FLOOR PLAN f D. - .L " , I f. -- . i - 19*lf k I . . *,35 44 t 2, 1% , noe ---r .*6--3::6,>>3 f 'hy //, f ' ,1 2, 87# 1 SA : %-+--2/- - - *. / :, . 1 . Â· 1 . .... . V fl /* M. 4 t \h\, I. . .re.' m-r|/ 7 I ./ 7.. . 1, : 1 \,il It ...\...\- ...#Il /7 0 0 4 3.--t,13=/- -m211. :4 ~. f ...i. f, ~ . 141 I . â€¢ 4/,1,1. .367* I t.-a '' I. \ 0 - IC.e. - . *445(. *1:pi h i 1 J+ \18\14 C s.f. 1-9 626:2-f - *13 '1 1 \\ SIA - 4 FIRST FLOOR PLAN ...i OP. 2 % 0 I ..#I:. A , ,.7 . 11. .1 : ../.t Li , \' â‚¬6' #/ zy 0 . 44: 021 7 '- 0 . N %4,--1 .0- \ SECOND FLOOR PLAN 1 , i. : 21'.:::1.62 . 1 " t. Â· YX f ~ 14 2,// /1 ( 1 i , 1,Â· 11\~-l ) â€¢.Ii ~ \.0, 644 ;l i SIA -5 't. 4.5L ' V ' 1 7 4 "7 f '. 4 + ...2.\' \.... A . . I. ..f 149.=. rar . \ .Pe,>4 , 1 %' r)~4~1~.4.:\ ,Â·a'.l%%?KI ~\Â¢\\S L< 4 1 .. . 4."92: ..., 4 . -*. P 2 - '. .. fly 3 All~ 1 "~<1 Pl 1. .. \ ....7 : I ./ '.'. 1 I Â·.ar Â· Tr 3-'. / ./.i .11//14 -- . . 0 1 94 I . -1 . - .... -irt , 0 ' 3. c .../,~l *' Â·2 1 4 . .h w, . ..- .1...,9 \ \,1,111 8 r 4 i .., r h Â·. t UL. % '4 ~ '111 :11 Y .....1.- .....\ \ \ Â» I Â¥3 -- ' >M/? , 19- 2 .... ',2, )i f .44---1- 241>44Â· 42 -el SIA - 6 THIRD FLOOR PLAN v . - \ r . .42? ~4 4.1 . >- :. ..4.2 .: water,3-i ,.. 4 2 .. . 6 t,it / 1 ./41 / f k .1 - - --I .1 1 V .974*2<tditi,jjil!(, 19- -77?.fÂ»4 Â· 4 UL F'thri,RiA,.24- f' 14[4 hi .' <'I) 194\ .* / h ./ %4 ' V.mfi *'0Efillf, ..3* .AN 2-, .\ . 0 1.~ 9. .1 :1 ~- r:-1-- .. SIA -7 ROOF TERRACE PLAN ... -2-tÂ·..\ ,(i M li i'M'' u,'Â·A - ,<e ' 16, P. p. . .:., ..4 2/G.;3/,40;1 14 1 1 T ,~).. . . I U. .:1 ,... .. 1 l .\ ir. :r- 5718Â·/Al , 11 ' '13 4, ' , ' . .4 , , 6 \/ ~l / / -4â€ž- =n -- )1 , 1 1,;i.- 44 f l 17 -Â·kg" -%%4Â·-Â·Â·:-2Â·1 1Â·* Â·-~14Â· ~ <i <1.19 2 -:-7-/ (/\\ C\ Cj Il .': , . \D. Â·--.>9 262 L,#266,%1 #ft SIA -8 EXTERIOR ELEVATIONS 1.-. . 1 -*44 j I 'x t<Xi . ... 24& 4 4. % . '' ....0 .- 1, t -4 . ku\\ . ' \ - . , 0 --*.4 I Â£4~.444 >%/1:4.2*6 --* 55#K#*Airz'i. 34&$49#41<2 . 4 . t t /1 I 1 //1449.ht,Ut\.6.' r{,1 .. -:. It . .' \ % 9 $12>' "1,/111 , & f:. - . I (L-' 44 /1 1 0 \Al ') 44/1, 1 7,. 1 / / flaf,f t .--1 .1' Â·fi)(rt;(,d,,#~, -'C~~ ,~%,0Utej 0-- 1 . - 1-\,Â»A . -21 . - I k 1 4 .0 . ./. f C. 2 L'\394 SIA - 9 EXTERIOR ELEVATIONS ' .: C 157Â·1 :h %2- --'1'9... 24 1.1 1; l -- \ 'c 4.7..~%3Â¥-id--/2=k.ty:.44:111 cabl ".. u...,t 1. _1 251, f,1(4 k .141 ' 1.L / '111'. ..../- .X'k* 9 I# 1, .h\ A . 1 )1 9 1 Â·f 1\11.11.4, - r L t. D.. .. 5 9.,31 10,1, 1.M <l L . r.:4 2>~>AE.A. 34 ,- - - 1 42.-<ar#%#.~.7:.1,244,<CAT/:\'~t~4 . :-4.Zi'>M .1{ H -.- 1-3 ..1.44 ...\2-'ht.0 -- :-11' Â· - i~â€¢2 $ 4 - 11 \\ Iff .-4-EkbAL#*tÂ·X:* - f. t . ..=- 1 1 ./ t..1-021?hn 7 .- , . I =97 f,Â·-1 2/,4 ~ b , 4{ 7 1/, ;Jilifi~d J 41* - la:Z... 4 -i-4.3443 **k:Â·t~~,'~~ <1- ' '1 .... I. .... , 1 2941' I. -4 - vt - r Â·'Set'z,,11 6Â»â€¢I'll,~Ct~~Mt . -< . v /.9/2 -44 %% ~1, 4 . NG FAR CALCULATIONS SIA-10 .' '.-I *Pit/'i:.::-/-Â·~ : . i,, C ~---- 44 P, Â·.AL \ u. L x\ f %; \\- I t'{f' 47'Uvt[/ <#99) f 14 ) ~~ 4% ( 4 1~, p 1, ~r iâ€¢~' 2 /1 f- U. 0 l.f c .4? b,3*b/~ 4-2.4=,1jr//4,6.6 ilit..9, 4,7,1 ..ri .% :,421.f,lt,/:44\ , i .ji .. ,-n .'' ' Ars . I /il-.. --- . , 1 5 4 7 C ..= %- '1 - A. 42- Â» :.?111't>~94~14~~ 394~0 4.--P R.1 1 7 1 h...\ 1 i. , SIA -11 NET LEASEABLE/NET LIVABLE CALCULATIONS / - k- -2 9 g / 1 $*trt 4 - -- i 0 .4.be . / 1 \ All, i F 4' r. 24-441':fÂ«-- 4Â»*&:A a 49%14:14 / \ n H r- 32...r j./ //Emej , 0 . ,/\Nk#<i..%4,4% \,1 \ :f 9/0,62 pits.27:'~All Â».Â·4.-*di e - c -, 1 -Atff(& : -444,> 2' 41,4<, 6 + C<j 1, r Pul, , \ N..... . -, ..0 /6-1/ /~ // ./4- / C 1 41 . .. --=/- 58.234- 4 .AP/. ILI . t..31Â¥.42Â«49 ~11,4,2 li,UÂ»'/ 1.4,11(,Adrqi t~lkw#~-**1#F '"Iubcc~ 20\1\440 : <Â»0 tt, Cr#,Ar-:7~*-4 . 1 u .7, /2 <4 ,))EV~ ' rk''I-~ - . 4 01,V- , 1 71 : I 1 t ..% . 6 W/. / 4 /L '.,4 ., i : ' 4/,4/.4/,/#. ~#~<1l # 1 91< 1 ll (11 111 1 .. 1 ) 2 , /7 li- , .' 4 - . 1 /4 \\ , d 11 . .1, vi/yun. 1 , 4 J. ./. 4 1 1 %19 1 Â£,1 1%4 -~ ~\U)-f>)49*42Â»,233-310%Â»ft 4)~in~k~~~.J,~''.~Â·0;243>ijÂ«Q~k#X~*, .. \434<.: / . % : \ %47% \\23/ ' < fiC.'(il'(~46--i~.~i'!16,147,43-5*kil,1.~ 'll,\2,~P .,- 1~1~;)/94/,# ~Xl:\ 1%0\.\I \\.u /~,;/iÂ·~~/~;i~):..)~ itt?:%'.~r~;~tr<Â«,~ ~- **El lili \ 2 i h* 4:1Â£8~'dili;11'.Â».61,~Ifi~.1#'tti~b,~~31~4,9M~"I+~~:~fi's--4.Zr-* 'ill// 2,0~,,P,* ~~~~..0* I 'll\, ...11 . ,;,\4 IF )jil,~''i'L)~4*kbg* 41#ff)01Â¢ 4\\9.-f~tot'34%-<te<Â»,0.).,7,i% : 3%.0 1 Â«4<trl'16~13,4 ~ . ...1 1\ i.,13:1 11 ~ \ 8 4 0- d' % 9Â®44 16 - I, M . I / 1# J Z ; M'9*7171. a ,% Ah,~,rh?ili<1~4.>42,1.fEÂ¢*63*42.<4~Ao,Nf .E. .,&, â€ži,..,w .,I-:u< .&4'.r..1.0\. :1, , i,,<l,: , n ,(t FNE.* v ~. I b .,/0 -B 4 VICINITY MAP 1 23' - 0" 1 1 1 1 1 ' r- r--~L, U L----J 52 L p . L C 0 W> (0 0 r--, 0 05 r--1 .--1 1----1 1 1 11 1 11 I 1 dâ‚¬ 1 - Ed Ed ..11 11 FLE:ZE=: 6----. U -1 11 h I~ 1- L> 1 E 1/1/ 1-7 I 1 -3 i J/ Psed me,ble bench ~Granite block paver 'reel marble 1 U n 1 ,-h 166,4AC. L u u 1 +.Emes/- ER;RN -;,1-4. 11 f W, 1 t. / 1 4 7 TY -9/--/'1-1 - \Gra. 2 (1) 0<L , 7 24 0 ,< / Be.-* P.4 7 t<14 01 a f - 0 . el . â‚¬ ..1 01 2/ 4. p 1.,1 4 4 ..1 A /1 fl 0 f q P .3 0 0 43 ~ P [mt\ 'Â°f . 933 ~ o jâ‚¬ 7.-, 80 (/) GIll < rÂ· L>r Â· l ./. . ./': '~ h : 13. 1 1 /\/ . /7 -U,Â» . ./f 1 ./ I 1 2~9 r.Â»32 #-F *90 --06Â«2.-19 Hyman Avenue Plant Palette Common Name Scientific Name Size Quantity -\2?k C-. Sterling Silver 9 07 49 4. e U Linden Tilia tomentosa 'Sterling Silver' 2.5-3" 7 1 1 10 0 10 20 30 40 50 Norway Maple Acer platanoides 'Crimson Sentry' 2.5-3" 5 Notes Crimson Sentry 00 c S 1. All curb and gutter to be replaced with new curb and gutter in existing location. Site Amenities Quantity *i 2. Irrigation provided by a minimum of two (2) bubblers per each tree serviced by water from building. 3. Location of tree grates w#/ be determined at building permit process. Te Grate - Ironsmith Part No. 4814-1 12 4. Planting in the right-of-way is for landscape illustrative purposes. Plans regarding structural improvements, such as sidewalk, curb and gutter, and ADA Tree Grate Frame - Ironsmith Part No. 4800-F-4 12 ramps, will be finalized during building permit process. For Planning Purposes Only, Not Construction ~ STAN CLAUSON ASSOCIATES, INC 2012 43,-Tw FL~~ L-VIS uS!sap }JOSBJ'SU!uueld*aJnlia}!4)Je ade)spuel :133HS Z [-130-9 :31Â¥a 4 111*Ililli UIDLLIAH 3 Z LS ' LES OJOD 0NIS31VI00SSV N0SAV10 NV19 enueAv UIDId edoospuD-I \edoosteaits I 1918 ope'lolo) 4 adsv laans 11!W 41Jo N ZI17 lae-ITS Jelun H wo)'Su!uuelde) woYS u! uueldels@oju! 6/oZ6 'J Ezâ‚¬z-Sz 6/0,Â£6-1 Â· -"Cloomm) concrete -4"(100mm) aggregate base course -~Geotextile, 18"(450mm) minimum overlap past excavation -3"(75mm) compost between Silva Cell deck and planting soil, or 1"(25mm) air space / 18"(450mm) C U) Curb and street per project specifications-= 0 Concrete base course per W> FLu"r*~ h I project specifications (0 G.) __ _ 24*7 . "'4Â§4<8414&s to frames after snapping in place (typ,) 00/ Angle of repose, varies per $~11 - 1%,3-44 Geogrid. 'J' 6"(150mm) minimum below backfill at base. 0 J FRaised marble bench ~Granite block paver tnset marble project specificationsj '04:4% Alp-bÂ·gmmy-*7'=7- 4 1 'f i - ~ -~ ' 10 11 Lo j Overlap 12"(300mm) minimum attop of Cells. nl ., Backfill to limits of excavation, 4~4494/64Â»4 2 1Â« 34 installed in 8"(200mm) max. compacted to 95Â°/ ackfill, installed in 8"(200mm) max. lifts (2 lifts per cell), 0 / rn n 7 ri lifts (2 lifts per cell), 6"(150mm) compacted to 95% 3/16" x14"(5mm x 350mm) zip ties, attaching Geogrid to Silva Cells at each level and at Cell deck i,f r 1-~ , j . 1 1 . Anchor each Silva Cell to ground with (4) 10" (250mm) spike,<10mm dia., see Cell base for spike hole // ~~ -*~ Â· ----Silva Cell base slope to max. 5% --- ~~ 51__JL_-IL_JL_ J -eotextile on compacted subgrade. NOTE that geotextile is not required r-nr- lf-lr-1 if determined by qualified professional. See specifications. 4 11 11 11 1 ~44*1/2/ 11 11 11 1 ~1 !1 11 11 1 4"(100mm) aggregate sub base, compacted to 95% or by 3 passes with plate L . 1.1 t L_JL_JL_UL_J Planting soil per Silva Cell specifications, installed in 8"(200mm) lifts (2 lifts per cell) -T--Ir--1 compactor, whichever is greater. Connect to storm drain for positive drainage - 1% t:1 1 11 11 1 Subgrade below geotextile and aggregate base course, compacted to 95% jJG O lilli Tree 1 1 1 or by 3 passes with plate compactor, whichever is greater 1 ~- 1 - 3 ir - ir--ir -ir -3 ~1 11 CUSidewdlk--Q 1 11 11 11 1~ GENERAL DETAIL TO BE REVIEWED BY PARKS AND ENGINEERING AT BUILDING PERMIT tl 11 11 11 1 lili KEY PLAN Â»F-J<vff7 for reference only) 4 d LGrass 7 < F .7 <** ,-' N.T.S. F r) oelgian Block ~ Riqht-of-Way Silva Cell 9 4*.*Â¢rt\,mt#Â£*64 44,10,123* 3 A.AP.'~la 41 g 18' 4~ ~3 -VEB<i ja= b Lj 48,0000 0 ' 1.-~n.~~Z f Â» ~ Fwi. 2 7 240000 ~ '//11,11/ 9 < 4 2 L--7 14 p \ \1 1 -1 Â»0~ ir> -Â«Ah /F> \2 \ -----7 4 71* -hk> f 4 /~f> / - - =- i\ 11 -=- 4/L &4 U....0 CO,5Cit-1,2500 , \1' 6 1/20 x 1 x 1/4' THICK GRINDING PADS roR LEVELING - TIP, 4 OR MORE PLACES V \,< 07Â» 7 1 1\ , ~ ~ , ~ , , , , ~ Tree Grate - Ironsmith Part No. 4814-1 I / 1 1 1 1 1 1 1 It 1 lilli 1 1 1 1 1 1 1 1 1 / 1 1 1 1 1 1 1 1 1 1 It 1 1 1 1 1 1 1 1 1 1 lilli 1 1 1 , 1 1 1 1 1 1 1 1 1 N.T.S. 1 1 1 1 lilli /1 1 1 1 1 1 1 It 1 1 1 1 1 ' 1 1 I 1 1 1 1 # 1 1 1 1 1 + 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 , / ~GRATE WITH ANCHOR 4- FOR PAVERS WITH 1 1 1 It 1 1 1 1 1 t , , , , , , / / , , --1-'11 Q X 1-3/4' X 1/4' STEEL ANGLE CONCRETE BASE 1 1 ' 1 1 1 1 1 1 1 1 ) It 1 1 1 1 1 1 1 ' 1 1 1 1 1 1 M4800F-4 < X13.4. PVER Â¢ It 1 1 1 1 1 1 1 ANCHORAGE PROVIDED BY 1/4 1 1 1 1 1 1 It It I / / / / / / / / / / / 1/4. THICK *2' STEEL TAB f BEDD1NG I lili 1 1 1 1 , 1 * /SLOTTED 7/16' X 3/49 . . _, THICK x 2" STEEL TABS SHOP / / / 1 / 7 / / 1 / 1 1 / Fuk taoâ‚¬,i ,<â€ž9 X - 4Â·. _21 / / / / / / / / / / BII. 8 9\Es PER nâ€žth ~râ€¢'-~ ' ' 3.- WELDED TO FRAME /1/1,1/'1'1' '''I'' 1 / I\18 0 48 3/4+0 - | | COICRETE ANCHOR BOLT_J , " . â€¢ UY INSTALLER> ' ' 4. 4,/2 TABS SLOTTED 7/16" x 3/4" FOR - - CONCRETE (WEDGE ANCHOR BY - .=CEÂ«m[[**Ile INSTALLER) SECTION TREE GRATE FRAME , ~ FRAME JIG WELDED FROM 1-3/4,1 x 1-3/4" x 1/4" STEEL ANGLE IZE --1/8 9 Ill FRAMES CAN BE HOT DIPPED = 01 = py'li...0 -__ 48 3/4+0 --mbo~,/,c~1,-~,-m--,I=rÂ»m,nt,Ic P-0.-c~... â€¢em-Â» GALVANIZED (100J~Â»471~ - 1 - (NO) =- F- OTHER INSTALLATION 11 CONFIGURATIONS AVAILABLE EÂ·EXE - - - Tree Grate Frame - Ironsmith Part No. 4800-F-4 (41 ,p. Benton Pedestrian Amenity Space L; N.T.S CJ N a. Z3 < 42 C N For Planning Purposes Only, Not Construction C/] 2 1 4 ~ STAN CLAUSON ASSOCIATES, INC 2012 :EziESE.PrLiMT'~14 MA- i / Elvis u0!sap ]JOSaJ'BU!uueldÂ·aJnl)01!4312 :133HS EL-130-9 :31Â¥ GAUGAY sl! Dtaa ed Dosteeits I1918 Opelolol 'uadSV laallS 11!W 4]JON LIDLUAH 3 Z E ' 1-39 0300 uedsv JNI 931VlooSSV N0SAV1 LUOTBUIUUelde)5-MAAM wo)'Su!uueldels@oju! 8zgr-026/0267 â‚¬zâ‚¬z-Gz:6/0,Â£6 1. DESIGN DFVELOPMENT 1 K E KLIGERMAN BARKLEY * Note: These decommissioned commercial spaces require additional ARCHITECTS, P.C. land use approval prior to use and occupancy. Prior to building permit to the satisfaction of the Zoning Officer. TEL 415- 371- 1850 issuance, the decommissioned spaces shall be deemed uninhabitable 427 BRYANT STREET SAN FRANCISCO, CA 94107 FAX 212-268-5679 WWW.IKBACOM / 1.9 (2) 3 ) (4 j (5 ~ 1 T C Ll I jl { D 3- - - 1 7- 1 , 1 LP DECOMMISSIONED DECOMMISSIONED COMMERCIAL | SPACE* SPACE* MECH. COMMERCIAL ./---.7 ~-7'~~ | STORAGE 'CILIJ ELE- 1 1 L- -STAIR 1- - 1 K----- 7 ik---lr--- \/ 1 1 SHAFT 1 ABOVE i | 1 1 ----ra--fld ELEV. MECH. L____ 1~ 1/ \ 11 COMMERCIAL 1 / STORAGE 1 1 ~ An f 1 AR CORRIDOR ~ 1 1 UL-1 ]1 1 1 ') ELEV. 2 c[ ~ RES. MECH. I ELEV. 1 1 \ / 11 1 , /11 \1 \ / 11 POOL EQUIP. ~ VEST 1 1 11 11 1 -14, .T 11 11 1 11 1 11 5 STAR 3_ 1 -1 - - - - F 111 up 11 ~ 11 1 â‚¬ NO. REVISION DATE 111 - - 11 0 RETAIL LL ---- 11 0 Z E---- 11 F ------ 0 7 ----- 11 1 8 11 I / 11 1 L L 1 1 r---- r 1 L----- i 1 11 1 11 1 11 TANK ~ TTL 1 1 111 11 1 1 - - LI ) i 41*in-- -Ii# ullimMMA 647'.. -0/Â£ I i BASEMENT NEW CONSTRUCTION EXISTING BUILDING 1 0 I * FLOOR PLAN 0 111 (1.2~ (2~ (3 ) C 4 ) 1/8" = 1'-0" PROJECT NO: 11015 - 0-1 BASEMENT FLOOR PLAN ISSUE DATE: OCTOBER 5, 2012 LF 1/8" = 1'-0" DRAWN BY: SM, BH CHECKED BY: SM DESIGNED BY: JT SIA-3 32103 N3dSV opeiolo] 'uadsv \\IKECAL\Proiects\11015\C\Re,it\Aspen Care-SIA CENTRAL.rvt VId 49;80 E ZIOZ/IL/Ot O 105.910Â·H- POW '/F /1'GFRMAN F)&441 F ' ARCH'TFC. TS, r.0. DESIGN DF\/FLOPMENT 1 K E KLIGERMAN BARKLEY ARCHITECTS, P.C 427 BRYANT STREET SAN FRANCISCO, CA 94107 TEL 415Â· 371- 1850 FAX 212- 268- 5679 WWW.IKBA.COM 1 1.2 2 3 4 5~ 23' - 0" 12' - 0" f f f 1 1 i E 1-F -7-F-lill---1-1-- Â¥ I I I L - ~- ~AL// 6 TRANSFORMER 1 1 1 c /-/ TRASH AREA ~p<\ b | WATER 1 1 ./~--~- METERS L - - -2 1. 1 022Â«Â«94 D -- - ---- - - ---- ---- 2 2 31 . -. mill -r 0----------22.6- - : - BLDG. - OVERHANG ~ -- ABOVE i RETAIL 1 1 STAIR 1 .1 7' - 7 1/4" ~ DN UP 3 CAR GARAGE 10' - 8"'< 1/ L- ---624Â« xI fÂ¤ 41 ful I /fl b | ~ *~ 1 SHAFT 1 1 i.1 *APP / 1 - r 0/ -1 -Â· I |1 I - ,/'I- -.I. atl= 1 - RES, LOBBY SERVICE*.- SERVICE CLOSETC AREA DN ~i~~*41 - C ~ Il| r====l,f.~3' ru -=~i-~i_Â¤____~ ;- 1 b v i 2 ELEVATOR 2 4 A 4--- --r -- -T- --- 3' ELEVATOR 1 C[ 1 I g | ~r- - SHAFT ~ 0-----U n----- =----1 1----- 1 2----1 1----- C~-I - 1 -1 4 1 -IL// 1 1 ELEV. LOBBY ~---7 RETAIL LSTAIR 2 - LITTLE ANNIES 4 (RESTORED RESTAURANT (NIC) -- 1 LAJ 2 BENTON GALLERY) B ~ ENTRY NO. REVISION DATE | I -- ~I I H 1-up-- 1 -- . ELIZE RETAIL - 141 A 12 2 1 1 0 h R 6 DN 1Â©- 1 STAIR 4 7 H ~ 1- , Ill E REMOVE PAINT AND REPOINT CMU ~ A - _- toi i -al . -1! lul -- - - 0- - 6., 1 r--7 1 7-------- MANHOLE (TYP.) \ WALLS AND COLUMNS (TYP.)_ _ 0 1 " 7' - 3" 22' - 0" 30' - 6" 29' . 0" 29' - 8" FIRST FLOOR 1 1 1 1 1 118'-5" PLAN 1 1.2 2 3 4 5 1/8" = 1'-0" PROJECT NO: 11015 ISSUE DATE: OCTOBER 5, 2012 01 FIRST FLOOR PLAN 1, DRAWN BY: SM, BH Â«-0/ 1/8,1 = 1,-oIl CHECKED BY: SM DESIGNED BY: JT SIA-4 i 2 ,,8/L 6 -.EX 32103 N3dSV opejoioj 'uadsv 23' - 6" \\IKECAL\Prolects\11015\C\Revit\Aspen Core-SIA_CENTRAL.rvt O con.Â·>RiGHT 201; l/F grGFRMAN BARRIF ARCH:TFCTE, P.C. DESIGN DF\/Fl OPMENT 1 K E KLIGERMAN BARKLEY ARCHITECTS, P. C. 427 BRYANT STREET SAN FRANCISCO, CA 94107 TEL 415- 371- 1850 FAX 212-268- 5679 WWW.IKBA.COM 1 1.2 2 3 4 5 1 1 E ' ' â€ž101 10 L_-1 0 - 11 - C SHARED TRASH ROOM C RESIDENTIAL i UNIT 2 C C ,--,STAIR 1 â€ž il C DN UP OPEN OFFICE ~ ~1 HALL J 77 7 --\ 11 \ .C 1.COMMERCIAL 1 C ~ STORAGE OPENOFFICE Â·C ~ STORAGE_L 1-Â«~ 22= Nfl. C 1- - 11 1 11 -STAIR 2 p | | ~ ELEVATOR 23{ 4/ ELEVATOR 1 ~ ~~ =22[1]~ LJ -nDÂ© -I L- 1 , LOBBYILL< RETAIL T, Cil <3 - OPEN OFFICE MAINT. C MENS' WOMENS' ------ CLOSET ROOM ROOM NO. REVISION DATE DN Up J J 1 222 RESIDENTIAL ' UNIT 1 L A - .- I '=00=0 T 0 9 0 0 0 00000 SECOND FLOOR 1 ) 1.2) 2 3 4 5 1 PLAN 1/8" = 1'-0" 4-) SECOND FLOOR PLAN Cj 1/8" = 1'-0" PROJECT NO: 11015 ISSUE DATE: OCTOBER 5, 2012 DRAWN BY: SM, BH CHECKED BY: SM DESIGNED BY: JT SIA-5 32100 N3dSV opejolo] 'uadsv \\IKECAL\Proiects\11015\C\Revit\Asper Core-SIA_CENTRAL.rvt INd 89:80:E ZLOZ/LL/0 L Â© iM 9/'-4- 20,7 /7- /1 '73?4ty,V .96 7/,F .zâ‚¬ru 777 79 3, DESIGN DFVFI OPMENT 1 K E KLIGERMAN BARKLEY ARCHITECTS, P.C. 427 BRYANT STREET SAN FRANCISCO, CA 94107 TEL 415- 371- 1850 FAX 212-268-5679 WWW. IKBA.COM 1 22) (3 4 5 I SHARED TRASH CHUTE - c E) 1 1 #1 TERRACE O TERRACE * 7_,1 1 -1 0 0 0 0 0 â€¢â€¢ 71 1 1 1Â·. H-== ' -1 ... 1 1 /0'0 0 _RN_ up - -- - 1 1 1 1 01--1 1 li - / - - UNIT 2 ~ SHAFT ~ -C IU 1 1 -15 1 1 1 C .. 1 k 1 1 # 1>- SHARED ~ 1 4/ VESITBULE c -ill -- 174___-r131.1/7-1 - -- 1 1 1.01 1 /1 - 1 / ~ ~ ELEVATOR 2 Eur 1 BkILOW \ . 11 f \ [10= 1 \ 1 1 / \ITT---- LIZZL~ UP ~ UNIT-1 22~ 7--- 1 1 1 5223 5222- 1. TERRACE ~ _--Â«- EXPOSED TRUSS * .--#v L _______ -7 L__- 1 1 1 4 r F 1 1 1 1 1 = 1 DN 111 1 -1 NO. REVISION DATE N' 1 22= I M 1 1 1 1 L SKYLIGHT < 4 1 1 BELOW TERRACE mi l 1 1 11 mt J 0 0 0 0 C A 3 1 ' ' 9/1 -Â£~ I 11 I- 1 1 1 - -- 1.. .--T- - 1 1 1 1 1 L I I Â£1) (2 + 3' 4 {5 3 THIRD FLOOR PLAN 1/8" = 1'-0" (1 THIRD FLOOR PLAN PROJECT NO: 11015 410/ 1/8" = 1'-O" ISSUE DATE: OCTOBER 5, 2012 DRAWN BY: SM, BH CHECKED BY: SM DESIGNED BY: JT SIA-6 32100 N3dSV opejolo] 'uadsv \\IKECAL\Projects\11015\C\Revit'Aspen Core-SIA CENTRAL.,vt INd 00 60 E ZLOZ/IL/Ol Â© Con .1?IGHT 2017 '/F KI (7FRMAN RARCIF Â· ARCHTFCTS, r.t- DESLGN..DEMELQEMENI 1 K E KLIGERMAN BARKLEY ARCHITECTS, PC. 427 BRYANT STREET SAN FRANCISCO, CA 94107 TEL 415- 371- 1850 FAX 212-268-5679 WWW.IKBA.COM 1 1.2 2 3 4 5 E E TERRACE BELOW TERRACE BELOW I 1 1 D D STAIR#1 1 1 1 1 1 ----1 1- 1 111 --1- 1 1 1 DN AUTOMATIC - _u-F r 9Â«' POOL COVER 7--7.--r-L---7 BELOW 1 r GAS FIRE PIT - lilli L ~ i ~ 1 ~ 1 ~ 1 ~ 1 -.I~ TERRACE ~ 1 1 U*jI~Ip L 0 -2 i 999-9-9-u_ j 1 1 S W -11 1 1 UP M M .12; Iii IHOVUW 111 1 #9921- EX *2 k i -1-1--ILL-f_1_~-'-~-LT-~-7 ' 1 ' N UP C -1- 77Â«19- p -- 1 ' C C Ck 1 / 0 ROOFTERRACE -- 0 4 BATH k - 1 L In l 1 , 1 [-a3 1 1 1-4 FENCE ~ ~ TERRACE ~ BELOW HOT - * 1 BENTON I TUB -1 .. - ROOF BELOW STAIR M 403 2-.. . NO. REVISION DATE 8 1 1 B CHIMNEY AT ~ MINIMUM HT 1 1 1 1 ' ' - BENTON ROOF RAKE ' ' GLASS RAILING ~ ' - i (- W/O TOP RAIL - Â· - = 1 1 ' ...---- LANDSCAPING -=--------4-tu- _ PLANTE[1- . _~~-------- PEBBLES' - ROOF 1 . TERRACE BELOW A -Ill------Ill---il---li- -1 __-_-_L A ROOF TERRACE Â© ~ Â° Â° PLAN 1 1.2 2 3 4 5 1/8" = 1'-0" /1 ROOF TERRACE PLAN 9EI-N011015 . 11 - L./ 1/8" = 1'-0" DRAWN BY: 32103 N3dSV ope.loloj 'uadsv \\IKECAL\Pro ects\11015\C\Revit\As CoreÂ·SIA CENTRAL.rvt INd Â£0:60:Â£ 2 LOZ/LL/01 % COn RIC:e.- 2012 '/F A GERMAN RARKIF ' ARCHTFOTS. n.c DESIGN-DEMELDEMENI 1 K E KLIGERMAN BARKLEY ARCHITECTS, P.C. 427 BRYANT STREET SAN FRANCISCO, CA 94107 TEL 415- 371- 1850 FAX 212- 268- 5679 WWW,IKBA.COM 1 1.2 2 3 4 5 DIFFUSED DOWNWARD WALL SCONCE POWDER COATED STEEL COLUMNS ZINC CLAD CHIMNEY WITH ZINC CLADDING GLASS RAILING STONE CAP - CEILING MOUNTED 0 ~~~NCLOSUBIL _~_-- 12- _ W/0 TOP RAIL -1 6 R RECESSED DOWNLIGHT COPING AT'CORNER' BUILDING ~-r-- GRADE LINE - 0 41' - 7" ,~]~ OFFSET 41' I ----------- -- --- - gh TOP OF COPING _ - --- - ------------------ ~ 7 41' - 0" Ch LANDING_ VI) 38'-4' EXPOSED WOOD - -- TRUSS ~ ~ WOOD FRAMED ELEVATOR MEZZA E 37'-3' ~ ~ WINDOWS 1. . \ I. gil RESTORED CMU / BLOCK WALL /1 THIRD.ELOOR 1\ 4- 1 GLAZED TERRA COTTA BATTENS & NATURAL TERRA ' ~ ~ 1/ COTTA @ SPANDRELS ~ \ 1 /1 SECOND FLOOR ~71Â¥- 00' --4 1 111[8 111-11 L I 11 ' I-1 lim 111 1 L LU JILL~ LUm mw 4 GLAZED TERRA 4 - - COTTA RAINSCREEN \J 0 /. ,Â®mut-1 Ip.mkit[EHILEÂ®EL ALUMINUM STOREFRONT 6 =E=WITH KYNAR FINISH (TYPICAL) 11: 3- 1 Iltrk il tHINI illb i wi Bo ./4163.&4181||1-26 1 /, - /- ; 2 -'11=1** ./ 4 1. - .====='1 111- 11 1 -----&-- - -Ill-/.Ill--0----I DOWNWARD WALL STEEL HEADER GLAZED BATTENS & NATURAL WOOD FRAMED SCONCE TERRA COTTA PANELS STOREFRONT CEILING MOUNTED lx6 CEDAR SIDING . RECESSED DOWNLIGHT (1 HYMAN AVE. ELEVATION 4-2-1/8"-=1-;20" STAINED WOOD MECHANICAL ENCLOSURE BRICK VENEER CHIMNEY ZINC CLAD STAIR E D - WITH STONE CAP C B PENTHOUSE A /1 ELEV PENTHOUSE (& NORTH ST~-- GLASS RAILING NO. REVISION DATE ZINC CLADDING @ STAIR & ELEVATOR W/O TOP RAIL. . h STAIR PENIHOUSE (SOUTH) 6 0 4 / / I 1% . / \ 1 1 - 1 / . / ~ ~ COPING AT'CORNER' BUILDING / 1 I----il- TOP OECOPING__~h GRADE LINE OFFSET 41'-0 4'./.I Ih COPING AT'CORNER' BUILDING ~ - - -21 - -21 ~57 4 -u - 41'-0" 41/ 2~-LANDING / - 1 LANDING ~\ 38' - 4ii-~ L.,1 .1/ , 1 A , .1 / 1,/1 . 1. - / I ' I / 1 GLASS RAILING ' ls / / e W/0 TOP RAIL - 1 GLAZED TERRA \ /7 . . : I I COTTA LINTELS h THIRD FLOOR ~ - IMIRD-FLQQR_.1 VL%26' - 0" ' 26' - 0" 4/ GLAZED TERRA COTTA SILL - . .- .%, ..Lk / // i .. 1 / . 1/ POWDER COATED STEEL HEADER - EXTERIOR Lk-SECOND_FLOOR SECOND FLOOR / ELEVATIONS .,2 14' -0. -- -iÂ¥'Cir-E, DOWNWARD WALL SCONCE POWDER COATED STEEL 1 / 16 HEADER 1/8" = 1'-0" / 00 / ---- -I-li ---1-1. -Ill- -1.----1------ ~ /1 FIRST FLOOR - - - - - - -- - - - - - - 1 - I JILLL.1.11 1 - --1, FIRST FLOOR L 3*i@No: 11015 CEILING MOUNTED ISSUE-DATE:_EIREM, 2012 ALUMINUM STOREFRONT RECESSED DOWNLIGHT -DRAWN-BYSM,BH WITH KYNAR FINISH (TYP.) kDESIGNED_BYJT CHECKED-BYSM f~~1 HUNTER ST. ELEVATION Il- - 1/8" = 1'-0" 94 32100 N3dSV opejoloo 'uadsÂ¥ \\IKECAL\Pro ects\11015\C\Revit Core-SIA_CENTRAL.,vt 0 -CEÂ· RIGHT 2,017 ta /1'GERMAN =,ARAF ' ARCH'TFC. TE. n.c. IlESiGN.DEMELDEMENI 1 K E KLIGERMAN BARKLEY ARCHITECTS, P.C. 427 BRYANT STREET 4 SAN FRANCISCO, CA 94107 TEL 415- 371-1850 FAX 212-268-5679 WWW.IKBA.COM 5 4 3 2 1.2 1 ZINC CLAD ELEVATOR & STAIR PENTHOUSE BEYOND , 0. ~ h STAIR PENTHOUSE CSOUTH GLASS RAILING W/O TOP CAP DIFFUSED DOWNWARD WALL SCONCE - _-_-_-_-_-_-_ COPING AT 'CORNER' BUILDING *& - -ER, â‚¬317-:yi@Zlll 41 -U - MECH ENCLOSURE -ELEVATOR ME=ANINE-.3 --~ -1# ST/7LI - I IFI . -60 --' NO. REVISION DATE 9. o CEILING MOUNTED ' RECESSED DOWNLIGHT . LO 3-1 THIRD FLOOR ~1 26' -0" 4.1/ 0 -- rh~*14111 GLASS RAILING 1 1 -1 W/0 TOP CAP =-1111 9 00 --1133Â» __~~ T ~ -*'. WOOD WINDOWS 1--2- - . 1-- T -~ I - --6- - glill - ......I-i-- - - 4-- - -Il-i-----.- Il- I - Ili---* - SECQNDFLOOR_/F) i -LE 1--1 1 1 1- 3*p- 77 14 1 1. '! ILL . TT- PAINTED STEEL HEADER /\ b f.T, ]U_-CIE_I_ / \ _-- r-1 + 2 -LItÂ¢41 1 1 -LEE - 1 WITH KYNAR FINISH ALUMINUM STOREFRONT 11 . / W- / 1 - 1- 1 L = 11=1111 71= PILl LILI-- 111=11 =p--1=111- 1-[ 1-=111-1 2=1111 111=111Â«111= =111=111=111-- 12 =66Â¥IcooRI21' 'Ell El DOWNWARD WALL CEILING MOUNTED RECESSED COLORED CMU GLAZED TERRA COTTA SCONCE DOWNLIGHT BELOW STEEL HEADER RAW CMU BLOCK TO MATCH EXISTING EXTERIOR ELEVATIONS C ) ALLEY ELEVATION 1-1/8"-=-1'-6' 1/8" = 1'-0" DRAWN BY: CHECKED BY: DESIGNED BY: 32100 N3dSV Opejoloj 'uadsv .WE 0 -,9 \\IKECAL\ ects\11015\C\Revit\As n Core-SIA_CENTRAL.rvt Ed Fl:ZEE ZZOZ/LUOL