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HomeMy WebLinkAboutLand Use Case.HP.534 E Cooper.0040.2015.AHPCInstructions: IMPORTANT: Turn on Macros: In order for code to run correctly the security settings need to be altered. Click "File" and then click "Excel Options." In the "Trust Center" category, click "Trust Center Settings", and then click the "Macro Settings" category. Beneath "Macro Settings" select "Enable all Macros." Sheet 1. Trip Generation: Enter the project's square footage and/or unit counts under Proposed Land Use. The numbers should reflect the net change in land use between existing and proposed conditions. If a landuse is to be reduced put a negative number of units or square feet. Sheet 2. MMLOS: Answer Yes, No, or Not Applicable under each of the Pedestrian, Bike and Transit sections. Points are only awarded for proposed (not existing) and confirmed aspects of the project. Sheet 3. TDM: Choose the mitigation measures that are appropriate for your project. Sheet 4. Summary and Narrative: Review the summary of the project's mitigated trips and provide a narrative which explains the measures selected for the project. Click on "Generate Narrative" and individually explain each measure that was chosen and how it enhances the site or mitigates vehicle traffic. Ensure each selected measure make sense for 1. Refer to the T. Transportation Impact Analysis_idelines for information on the use of this tool. 2. Refer to I TIA Frequently Asked Questions a quick overview. 2. Hover over red corner tags for additional information on individual measures. 3. Proposed TDM or MMLOS measures should be new and/or an improvement of existing conditions. A project will not receive credit for measures already in place. Proposed TDM or MMLOS measures should also make sense in the context of project location and future use. = input = calculation DATE: 11/21/2015 PROJECT NAME: 534 East Cooper Expansion PROJECT ADDRESS: 534 East Cooper Avenue APPLICANT CONTACT INFORMATION: Mr. Geoff Ross, Thor Equities, LLC, 25 West 39th Street, New York, NY 10018, (212) 529 - NAME, COMPANY, 7415 ADDRESS, PHONE, EMAIL Minor Development - Inside the Roundabout Is this a major or minor project? Minor Major Development - Outside the Roundabout *For mixed-use (at least two of the established land uses) sites, a 4% reduction for AM Peak -Hour and a 14% reduction for PM Peak -Hour is applied to the trip generation. ASSUMPTIONS ASPEN TRIP GENERATION AM Peak Averaee PM Peak Avera¢e Land Use Trip Rate Net New Trips Generated AM Peak -Hour PM Peak -Hour Commercial 2.27 Units/square Feet of Proposed Land Use the Proposed Project Entering Exiting Total Entering Exiting Total Commercial (sf) 3479.0 sf 5.45 2.45 7.90 576 8.64 14,40 Free -Market Housing (Units) 0Units 0.00 0.00 0.00 0.00 0.00 0.00 Affordable Housing (Units) -1 Units 0.36 -0,39 -0.75 0.49 -0.40 0:89 Lodging (Units) 0Units 0.00 0.00 0.00 0.00 0.00 0.00 Essential Public Facility (sf) 0.0 sf 0.00 0.00 0.00 0,00 0.00 0.00 TOTAL NEW TRIPSI 5.09 2.06 7,15 5.27 8.24' 13'[51 *For mixed-use (at least two of the established land uses) sites, a 4% reduction for AM Peak -Hour and a 14% reduction for PM Peak -Hour is applied to the trip generation. ASSUMPTIONS ASPEN TRIP GENERATION AM Peak Averaee PM Peak Avera¢e Land Use Trip Rate %Entering %Exiting Trip Rate %Entering %Exiting Commercial 2.27 0.69 0.31 4.14 CA 0.6 Free -Market Housing 0.67 0.29 0.71 0.82 0.56 0.44 Affordable Housing 0.75 0.48 0.52 0.89 0.55 OAS Lodging 0.25 0.57 0.43 0.31 0.52 0.48 Essential Public Facility, 0.86 0.62 0.38 1.66 0.4 0.6 1. 22% work trips represents a mired -used site (SF Bay Area Travel Survey). See Assumptions Tab for more detail. TDM Input Page 4 tIMFY i c� / C1 01 InstructionSTDM: Choose the mitigation measures that are appropriate for your project. Proposed TDM or MM LOS measures should be new and/or an improvement of existing conditions. A project will not receive credit for measures already In place. Proposed TDM or MM LOS measures should also make sense in the context of project location and future use. F �e e, 1 Category Measure Number Sub. Question Answer Strategy VMT Reductions 1 Will an onsite ammenities strategy be implemented? Onsite Servicing Which onsite ammenities will be Implemented? No 0.00% ` c fig,".. ; Shared Shuttle Service WIII a shared shuttle service strategy be implemented? No. What Is the degree of implementation? 0.00% What is the company size? What percentage of customers are eligible? < 3 Nonmotorimd Zones IWIII a nonmotorized zones strategy be implemented? IN. 0.00% Category Measure Number Sub. Question Answer Strategy VMT Reductions 4 Will a network expansion stragtegy be implemented? Network Expansion What is the percentage increase of transit network coverage? W hat is the existing transit mode share as a % of total daily trips? No 0.00% e E n EWhat 5 Service Frequency/Speed Will a service frequency/speed strategy be Implemented? No What is the percentage reduction in headways (increase in frequency)? ' 0.00°/ What is the existing transit mode share as a% of total daily trips? - is the level of implementation? E � 6 Transit Access Improvement Wil la transit accessimprovement strategy be implemented? Wha[is the extent of access improvements? No 000% – 7 Intercept Lot JWHI an Intercept lot strategy be implemented? No -0.00% e`e Category Measure Number Sub. Question Answer Strategy VMT Reductions 8 Will there be participaemtion in TOP? Participation in TOP -- What percentage of ployees are eligible? — No 0. WA 9 Transit Fare Subsidy Is a transit fare subsidy Strategy implemented? Yes 428% What percentageofemployees are eligible? 100% What is the amount of transit subsidy per passenger (daily equivalent)? 25% ` 10 Employee Parking Cash -Out Is an employee parking cash -out strategy being implemented? What percentage of employees are eligible? No 000% 11 Workplace Parking Pricing Is a workplace parking pricing strategy implemented? No 0.00% _ What is [he daily parking charge? What percentage of employees are subjectto pricedparking? 12 Compressed Work WeeksWhat Is a compressed work weeks strategy implemented? No _ percentage of employees are participating? What Is the workweek schedule? 13 Employer Sponsored Vanpool Is an employer sponsored shuttle program implemented? No 0.00% What is the employer size? What ercentage of employees are eligible? ' 14 Is a car ool malchin trate Carpool Matching P gs gy implemented? What ercentage ofemployees are eligble? No 0.00;5 'a ' " 'Q ' 15 carshare Program Is carshare participation being implemented? No 0.00% How many employee memberships have been purchased? What percentage of employees are eligble? = °v 16 Bikeshare Program Is participation in the bikeshare program WE -cycle being implemented? Yes - - Haw many memberships have been purchased? <100 What percentage of employees/guests are eligble? 100% " E 17 End of Tri Facilities p Is an end oftrip facilities strategy being implemented? No 0.00% What is the de gree of implementation? What is the emplo ersize? 18 Is aselr-funded emergency ride home strategy being implemented? Self-funded Emergency Ride Home What percentage of employees are eligible? No 0.00% 19 Carpool/Vanpool Priority Parking Is a carpool/vanpool priority parking strategy being Implemented? No 0.00`/ _ What is the employer size? what number of parking spots are available for the program? 20 Private Employer Shuttle Is a private employer shuttle strategy being implemented? No 0.00'.6 What is the employer slze? What percentage ofemployees are eligible? 21 Trip Reduction Marketing/Incentive Is a trip reduction marketing/Incentive program implemented? Program What percentage of employees/guests are eligible? No 0 1. 22% work trips represents a mired -used site (SF Bay Area Travel Survey). See Assumptions Tab for more detail. Instructions: Answer Yes, No, or Not Applicable to each measure under the Pedestrian, Bike and Transit sections. - input = calculation I Cateqory Sub. Measure Number Question Answer I Points ® m Does the project propose a detached sidewalk where an attached e1 sidewalk currently exists? Does the proposed sidewalk and buffer No 0 e ° 0 W meet standard minimum widths? Is the proposed effective sidewalk width greater than the standard v x v 3 'o 2 minimum width? No 0 Does the project propose a landscape buffer greater than the n a c 3 No 0 to o standard minimum width? 8uWtat., am v El y Does the project propose a detached sidewalk on an adjacent block? a ® 4 Does the proposed sidewalk and buffer meet standard minimum NoEi 0 widths? YIs the proposed effective sidewalk width on an adjacent block S greater than the standard minimum width? NA 0 Is the proposed landscape buffer on an adjacent block greater than a 4 'a iA o 6 the standard minimum width? NA 0 wlni Are slopes between back of curb and sidewalk equal to or less than `� 7 yes 0� 5%? 8 Are curbs equal to (or less than) 6 inches? Yes 0 v 0 Is new large-scale landscaping proposed that improves the pedestrian c experience? Properties within the Core do not have ample area to 9 Yes 5 M provide the level of landscaping required to receive credit in this a category. Does the project propose an improved crosswalk? This measure must 10 No = 0 get City approval before receiving credit SubfataC 5 N 11 Are existing driveways removed from the street? No 0 40 Is pedestrian and/or vehicle visibility unchanged by new structure or Wc 12 column? yes 0 c 13 Is the grade (where pedestrians cross) on cross -slope of driveway 2% > E 2 or less? Yes 0 Does the project propose enhanced pedestrian access points from ro a c uo 14 the ROW? This includes improvements to ADA ramps or creating new Yes 5 a access points which prevent pedestrians from crossing a street. Does the project propose enhanced pedestrian or bicyclist interaction 15 with vehicles at driveway areas? No 0 5�6ecrtaj G� 16 Is the project's pedestrian directness factor less than 1.5? Yes 0 Does the project propose new improvements which reduce the e17 pedestrian directness factor to less than 1Z? A site which has an E c existing pedestrian directness factor less than 1.2 cannot receive No 0 u c credit in this category. 18 _ Is the project proposing an off site improvement that results in a 0 ait pedestrian directness factor below 1.2?* No Are traffic calming features proposed that are part of an approved 19 No 0 Ian (s eed humps, rapid flash)?* = S�iGtafai tk Are additional minor improvements proposed which benefit the v v 20 pedestrian experience and have been agreed upon with City of Aspen No 0 c o "' E staff? 0 0 o Are additional major improvements proposed which benefit the B a E 21 pedestrian experience and have been agreed upon with City of Aspen No 0 staff? Category Sub. Measure Number Question Answer Points a 22 Is a new bicycle path being implemented with City approved design? No 0 29 Is a trash receptacle proposed? No - 0 30 Is transit system information (signage) proposed? No 0 iz o, c 23 Do new bike paths allow access without crossing a street or driveway? P 9 Y No 0 E Is there proposed landscaping, striping, or signage improvements to Q32 24 an existing bicycle path? — - No 0 o % c Does the project propose additional minor bicycle improvements No 0 V ® 25 which have been agreed upon with City of Aspen staff? No 0 �a u 33 Is real-time transit information proposed? No I 0 � w — Does the project propose additional major bicycle improvements 26 which have been agreed upon with City of Aspen staff? No 0 35 Stl�}Y.YS�ali r No � x v r -4btat 4 0 2 27 Is the project providing bicycle parking? No 0 a relocation of a bus stop to improve transit accessibility or roadway .Simms= Emmons= 37 operations proposed? No 0 Category Sub. Measure Number Question Answer Points 28 Is seating/bench proposed? No 0 29 Is a trash receptacle proposed? No - 0 30 Is transit system information (signage) proposed? No 0 a) 31 Is shelter/shade proposed? No 0 E Q32 ,N Is enhanced pedestrian -scale lighting proposed? No 0 CO- — - '� 33 Is real-time transit information proposed? No I 0 34 Is bicycle parking/storage proposed specifically for bus stop use? No 0 35 Are ADA improvements proposed? No 0 -4btat 4 0 ro v 36 Is a bus pull-out proposed at an existing stop? No 0 c cIs relocation of a bus stop to improve transit accessibility or roadway c £ 37 operations proposed? No 0 w Q 38 Is a new bus stop proposed (with minimum of two basic amenities)? No 0 r F % Sabta#�L r 0 9 Summary and Narrative, DATE: 11/21/2015 PROJECT NAME: 534 East Cooper Expansion PROJECT ADDRESS: 534 East Cooper Avenue APPLICANT CONTACT INFORMATION: Mr. Geoff Ross, Thor Equities, LLC, 25 West 39th Street, New York, NY 10018, (212) 529-7415 NAME, COMPANY, ADDRESS, PHONE, EMAIL SUMMARY Trip Generation Peak Hour Max Trips Generated Trip Mitigation .._._._. .......... MMLOSTDM Total Trips Mitigated NET TRIPS TO BE MITIGATED PM 13.5 10 0.17 10.17 3.34 The net trips to be mitigated is greater than 0. The project shall propose additional mitigation measures. Narrative: Click on the "Generate Narrative" Button to the right. Respond to each of the prompts in the space provided. Each response should cover the following: 1. Explain the selected measure. 2. Call out where the measure is located. 3. Demonstrate how the selected measure is appropriate to enhance the project site and reduce traffic impacts. 4. Explain the Enforcement and Financing Plan for the selected measure. 5. Explain the scheduling and implementation responsibility of the mitigation measure. 6. Attach any additional information and a site map to the narrative report. Project Description In the space below provide a description of the proposed project. The proposed development consists of an expansion of the existing Boogie's Building. The building's ground floor will be expanded to include the unenclosed area abutting the adjacent Hunter Street sidewalk. Its second floor will be expanded to include the building's existing outdoor deck and the interior areas that are currently open to the ground floor below. In the space provided desicribe what new landscaping is proposed and how the proposed landscaping plan enhances the pedestrian experience. This measure is only applicable to large scale projects and requires more extensive landscaping then a few plantings or lawn area. The project shall establish extensive landscaping which significantly benefits the site and improves the pedestrian comfort and experience. The existing Hunter Street sidewalk will be replaced with a new detached sidewalk meeting Engineering Department requirements. A new landscaped buffer will be installed between the sidewalk and curb. Describe the enhanced pedestrian access point(s). This measure is to improve pedestrian access to the site from the ROW. It includes adding additional access points which prevent pedestrians and bicyclists from crossing a street, improvements to the project's ADA ramps in the ROW, and improvements to existing access points. The existing pedestrian access point at the intersection of Cooper Avenue and Hunter Street will be replaced with bi-directional ADA ramps meeting applicable Engineering Department requirements. The adjacent fire hydrant and light pole will be relocated to accommodate the new ranps. Include any additional information that pertains to the MMLOS plan in the space provided below. As presently configured, the expanded building contains a single commercial space that occupies its basement, ground and second floors. Actual tenant requirements, however, will likely dictate changes in the configuration of the floor plans that will likely reduce the buildings net leasable area. In the event required, revised net leasable area calculations will be provided at building permit submission, and the TIA's trip generation figures adjusted accordingly. In the event additional trip mitigation is required, additional MMLOS and/or TDM measures or a cash -in -lieu payment will be proposed. TDM Explain below the transit fare subsidy strategy. The successful project will provide subsidized/discounted daily or monthly public transit passes for the RFTA valley system. These passes can be partially or wholly subsidized by the project, with additional points being provided for larger subsidies. Many entities use revenue from parking to offset the cost of such a project. All tenant leases will require that the lessee provide subsidized/discounted public transit passes for RFTA's valley transit system. The required subsidy will be a minimum of 25 percent and will be available to all employees. Provide details for the proposed bike share program participation. Bike sharing provides access to a fleet of bicycles for short trips, thus reducing SCIV travel. The successful project will provide memberships to the existing WE -cycle program. Include details on how many WE - cycle memberships will be purchased and whether these will be made available to guests, employees, or both. All tenant leases will require participation in the WE -cycle program. The cost of two (2) season pass memberships per tenant will be included in the lessee's rent. The details of the We -cycle program will be provided to all tenants for distribution to their employees. Include any additional information that pertains to the TDM plan in the space provided below. Enter Text Here MMLOS Site Plan Requirements Include the following on a site plan. Clearly call out and label each measure. Attach the site plan to the TIA submittal. Slopes Between Back of Curb and Sidewalk Landscape Plan 2% Slope at Pedestrian Driveway Crossings Enhanced Pedestrian Access Point Pedestrian Directness Factor (See callout number 9 on the MMLOS sheet for an example) Enforcement and Financing Provide an overview of the Enforcement and Financing plan for the proposed transportation mitigation measures. The MMLOS measures will be undertaken and paid for by the Applicant. The TDM measures will be incorporated in the tenants leases and paid for by the lessees. Scheduling and Implementation Responsibility of Mitigation Measures Provide an overview of the scheduling and implementation responsibility for the proposed transportation mitigation measures. All MMLOS measures will be implemented in connection with the expansion of the building, and will be depicted on the Applicant's building permit submission which is subject to Engineering Department review. It is understood that implementation of the MMLOS measures is a condition of the issuance of a Certificate of Occupancy for the expanded building. TDM measures will be implemented in connection with the execution of individual lease agreements. Monitoring and Reporting Provide a monitoring and reporting plan. Refer to page 17 in the Transportation Analysis Guidelines for a list of monitoring plan requirements. Components of a Monitoring and Reporting Plan should include (1) Assessment of compliance with guidelines, (2) Results and effectiveness of implemented measures, (3) Identification of additional strategies, and (4) Surveys and other supporting data. No monitoring or reporting is required in connection with the implementation of the proposed MMLOS measures. Tenant leases will require that an annual report be submitted by the lessee to the City's Transportation Department regarding compliance with and the level of use of the proposed TDM measures. The annual reports will be required for a period of three (3) years from the execution of the tenant's lease. mow(uslava w+aElaae! sa vc� s o� v 'DNIZ133MIDN [ SlUdOS UN3W3AOi1dINI SOI NA -8 AGIM OOV210IOO'N3dSVd0aW0 S1N3W3AONdVdI'3AV d3d000'3 K9 e t o Mg am,;gel m 33q - j5? U �� qq e $ x x r 3 E g a x s $ t m E X 2 C ee F 8 Ea) E.I c- 1 y gig,Y ° � PEtl a_o sIIW�..�•U.EF�" __._ ...,ga..__a _ rs- ,-<-- 5$cS. '_-�T�'�. W Ow, � a lJJ 1 b, z E a I 1 c P cif � I e — z w O 6P• IJ r a 1 (f V } 911 an w p D TO: Aspen Planning and Zoning Commission FROM: Steve Burstein, Planning Office RE: 534 E. Cooper Employee Housing GMP Exemption Case No. 2737-182-008/08A-87 DATE: May 27, 1987 LOCATION: Lots R & S, Block 95, Townsite and City of Aspen ZONING: CC (H) APPLICANT: Leonard Weinglass APPLICANT'S REQUEST: The applicant requests approval to create a two bedroom 1,253 square foot employee unit within a new commer- cial building, to be deed restricted to the middle income employee guidelines. The new structure replaces The Shaft building, utilizing reconstruction credit for the entire commer- cial space. BACKGROUND: The Historic Preservation Committee reviewed the project with regard to compatibility within the Commercial Core Historic Overlay District. Final approval for the design, including the employee unit, was granted on March 24, 1987. APPLICABLE SECTIONS OF THE MUNICIPAL CODE: Provisions of the GMP Exemption for employee housing are stated in Section 24-11.2(f). Review of a request for this exemption "shall include a deter- mination of community need considering, but not limited to, the project's compliance with any adopted housing plan, including the number of units proposed and their location and the type of units proposed, specifically regarding the number of bedrooms in each unit and the size of the unit, the rental/sale mix of the development and the proposed price categories to which the units are to be deed restricted." Required off-street parking for all low, middle and moderate income housing units approved and deed -restricted is established by special review of City Council according to section 24-4.1(c). PROBLEM DISCUSSION: A. REFERRAL COMMENTS: 1. Housing Authority: In Ann Bowman's April 21, 1987 memorandum, the Housing Office and Housing Authority recommend that the employee unit be deed restricted to the moderate income guidelines, rather than the middle income guidelines as proposed. It is stated that if the unit were restricted to middle income guidelines, it would not meet a community need as an employee unit. Sale price would be $164,143 and rental price $1,466 per month. Moderate income sale price would be $93,000 and rental price $850 per month. The moderate income deed restriction should still be serviceable to the intended user, the store manager, allowing an annual income for a qualified renter of up to $53,494. 2. Fire Marshal: Wayne Vandemark noted no problems effecting emergency services for this project in his April 22 memorandum. PLANNING OFFICE COMMENTS; In the Commercial Core Zone District, permitted uses include "dwelling units -accessory to other permitted uses, and comprising less than one half of the total floor area of the building." The proposed employee unit would meet this definition. The unit should be deed restricted to a 6 month minimum lease, following Section 24-3.7(0), rental restric- tions, to further ensure its compliance with the "accessory unit" use. Staff agrees with the Housing Authority recommendation that the employee unit be deed restricted to moderate income guidelines. Their belief that no community need would be served by a middle income deed restriction appears reasonable because the sale and rental values would be considerably higher than most of Aspen's employees can afford. Middle income restricted employee housing appears to be ineffective in creating an affordable housing stock and, incidentally, is ineligible for points when evaluating GMP applications. As noted above, Council must set the off-street parking require- ment for this two bedroom employee unit. A garage with adequate space for two vehicles is included in the building design. While the use of the garage has not been specified, staff believes that the most reasonable and purposeful arrangement would be to provide two parking spaces for the employee unit. This would then comply with the standard 1 space/bedroom required in the city's residential and office zone districts, while not contra- dicting the auto disincentive policy that discourages excessive customer or (non-resident) employee parking. RECOMMENDED MOTION: "Move to recommend that Council approve the requested exemption from the Growth Management Quota System for the purpose of creating a two bedroom 1,253 square foot employee unit deed restricted to the Housing Authority's Moderate Income Guidelines, subject to the following conditions: 1. A deed restriction limiting rental and occupancy of the unit to the moderate income guidelines shall be filed to the satisfaction of the City Attorney and the Housing Authority with the Pitkin County Clerk and Recorder's Office prior to issuance of a Certificate of Occupancy for the structure. 2. The applicant shall restrict the unit to a 6 month minimum lease, pursuant to Section 24-3.7(o) of the Municipal code." 3. The 2 space garage shall be restricted for use of residents living in the two bedroom employee unit. sb.131 3 MEMORANDUM TO: Aspen City Council THRU: Robert S. Anderson, Jr., City Manager j_ N FROM: Steve Burstein, Planning Office W RE: 534 E. Cooper Employee housing GMP Exemption Case No. 2737-182-008/08A-87 DATE: June 22, 1987 LOCATION: Lots R & S, Block 95, Townsite and City of Aspen ZONING: CC (H) APPLICANT: Leonard Weinglass APPLICANT'S REQUEST: The applicant requests approval to create a two bedroom 1,253 square foot employee unit within a new commer- cial building, to be deed restricted to the middle income employee guidelines. The new structure replaces The Shaft building, utilizing reconstruction credit for the entire commer- cial space. ADVISORY COMMITTEE VOTES: On June 2, 1987, the Planning and Zoning Commission recommended that Council approve the requested GMP exemption for the creation of a two-bedroom unit deed - restricted to the moderate income guidelines and that no off- street parking be required. The Historic Preservation Committee reviewed the project with regard to compatibility within the Commercial Core Historic Overlay District. Final approval for the design, including the employee unit, was granted by HPC on March 24, 1987. APPLICABLE SECTIONS OF THE MUNICIPAL CODE: Provisions of the GMP Exemption for employee housing are stated in Section 24-11.2(f). Review of a request for this exemption "shall include a deter- mination of community need considering, but not limited to, the project's compliance with any adopted housing plan, including the number of units proposed and their location and the type of units proposed, specifically regarding the number of bedrooms in each unit and the size of the unit, the rental/sale mix of the development and the proposed price categories to which the units are to be deed restricted." Required off-street parking for all low, middle and moderate income housing units approved and deed -restricted is established by special review of City Council according to Section 24-4.1(c). PROBLEM DISCUSSION: A. REFERRAL COMMENTS: I. Housing Authority: In Ann Bowman's April 21, 1987 memorandum, the Housing Office and Housing Authority recommend that the employee unit be deed restricted to the moderate income guidelines, rather than the middle income guidelines as proposed. It is stated that if the unit were restricted to middle income guidelines, it would not meet a community need as an employee unit. 2. Fire Marshal: Wayne Vandemark noted no problems effecting emergency services for this project in his April 22 memorandum. PLANNING OFFICE COMMENTS; In the Commercial Core Zone District, permitted uses include "dwelling units -accessory to other permitted uses, and comprising less than one half of the total floor area of the building." The proposed employee unit would meet this definition. The unit should be deed restricted to a 6 month minimum lease, following Section 24-3.7(o), rental restric- tions, to further ensure its compliance with the "accessory unit" use. The Planning Commission and staff agree with the Housing Author- ity recommendation that the employee unit be deed restricted to moderate income guidelines. Their belief that no community need would be served by a middle income deed restriction appears reasonable because the sale and rental values would be consider- ably higher than most of Aspen's employees can afford. Middle income restricted employee housing appears to be ineffective in creating an affordable housing stock and, incidentally, is ineligible for points when evaluating GMP applications. Further- more, the applicant did not oppose this condition. As noted above, Council must set the off-street parking require- ment for this two bedroom employee unit. A garage with adequate space for two vehicles is included in the building design. While the use of the garage has not been specified, staff believes that the most reasonable and purposeful arrangement would be to provide two parking spaces for the employee unit. This would then comply with the standard 1 space/bedroom required in the City's residential and office zone districts, while not contra- dicting the auto disincentive policy that discourages excessive customer or (non-resident) employee parking. Please note that the P&Z did not recommend in favor of this requirement, nor has resident employee parking consistently been required in the CC zone district. staff nonetheless believes that it is appropriate impact mitigation to require some parking because residential parking demand from the units will likely lead to overnight m parking in nearby residential neighborhoods. RECOMMENDED MOTIONS: "Move to approve the requested exemption from the Growth Management Quota System for the purpose of creating a two bedroom 1,253 square foot employee unit deed restricted to the Housing Authority's Moderate Income Guidelines, subject to the following conditions: 1. A deed restriction limiting rental and occupancy of the unit to the moderate income guidelines shall be filed to the satisfaction of the City Attorney and the Housing Authority with the Pitkin county Clerk and Recorder's Office prior to issuance of a Certificate of Occupancy for the structure. 2. The applicant shall restrict the unit to a 6 month minimum lease, pursuant to Section 24-3.7(o) of the Municipal Code." "Move to establish an off-street parking requirement of two spaces for the two bedroom employee unit. The applicant shall agree to restrict the two space garage for this purpose through a written agreement as approved to form by the City Attorney and through proper signage of the spaces." CITY MANAGER'S RECOMMENDATION: 3 sb.131 EXHIBIT E py"AYWO)"Mall V TO: Aspen Planning and Zoning Commission FROM: Mary Lackner, Planner r. RE: Boogies Diner GMQS Exemption - Change in Use DATE: April 25, 1995 SUMXARY: The applicant is seeking approval to expand the kitchen area of the Boogies Diner by 249 net leasable tsquare feet and convert a two-bedroom employee dwelling unit .into a one -bedroom unit. No floor area is being added to the building as the net leasable square footage is being taken out of the: existing employee unit. ; A copy of the application is included as Exhibit "A". a To accommodate this request, the applicant has addressed Section 24-8-204 (B) (1) (b) for GMQS Exemption Change in' Use which enables this request to be reviewed by the Planning and; Zoning Commission. APPLICANT: Lenny Weinglass, represented by KimWeil from Bill Pass & Associates. LOCATION: 534 E. Cooper Street, Lots R and S,iBlock 95, City and Townsite of Aspen. i ZONING: CC (Commercial Core) zone district with Historic District Overlay. i PROCESS: The Planning Commission will review :the- applicant's request for the GMQS Exemption at a public meeting: The Commission makes the final decision on this GMQS application. REFERRAL COMMENTS: Staff has received referral comments from the Housing Office. This referral memo is attached to the packet in Exhibit "B". STAFF COMMENTS: The 6, 000 sq. ft. parcel is presently improved with an approximately 13,234 sq.ft. structure which;contains retail space, a restaurant, storage area, and an employee dwelling unit. Section 24-8-204(B)(1)(b) states: Change in use. Any change in use o structure between the residential, commerc, tourist accommodations categories for.whic of occupancy has been issued for at least and which is intended to be reused, provic be demonstrated that the change in use wi: impact upon the city. A determination of an existing al/office, and i a ' certif icate two (2) years ed that it can 1 have minimal ninimal impact shall require a demonstration that a minimal number of additional employees will be generated by the change in use and that employee housing will be provided for the additional employees generated; that a minimal amount of additional parking spaces will be demanded by the change in use and that parking will be provided; that there will be minimal visual impact on the neighborhood from the change in use; and that minimal demand will be placed on the city's public facilities from the change in use. Response: The applicant is proposing to increase the net leasable area of the building by 249 sq. ft. The Housing Office has calculated that the increase in net leasable space generates' 1.3 employees and 60% mitigation equates to .78 employees, based on 5.25 employees per 1,000 square feet. The applicant is proposing to pay cash -in -lieu at the Category 2 level for mitigation of the employees generated. The reconfigured employee dwelling unit will need to have a new deed restriction filed, reflecting the change in. size and bedrooms. This deed restriction shall be filed with the Housing Office prior to the issuance of any building permits. Section 24-5-209(E)(3) requires that 2 parking spaces per 1,000 sq.ft net leasable area be provided in the CC zone district. This project therefore generates 0.5 parking spaces. The applicant may pay cash -in -lieu for the mitigation of the parking requirement, which is $15,000 per space. This project requires a mitigation of $7,500 for 0.5 parking spaces. The proposed change in use does not affect the exterior of the structure, therefore no visual impacts are anticipated. The City's public facilities are in place to the parcel, however the applicant will be responsible for additional tap fee's that may be assessed due to the increased kitchen size. ISSUE: Staff has some concern that one bedroom of the employee dwelling unit is being removed in order to increase the net leasable area of the building. Although the City has a multi- family housing replacement program that limits the amount of affordable housing that can be removed from the redevelopment of multi -family project, it does not address the removal of single units or bedrooms from the affordable housing inventory. Due to the fact this unit was originally provided on a.voluntary basis and deed restricted to affordable housing, staff can support the removal of one bedroom. Staff would not support the removal of the unit entirely from the project. SUMMARY: Staff believes that the applicant's proposal is consistent with the requirements of the Aspen Municipal Code. 2 RECOMMENDATION: Staff recommends that the Planning Commission approve the applicant's request subject to the following conditions: 1. Prior to issuance of any building permits, the applicant shall record a new deed restriction on the newly defined remodeled one -bedroom unit to a fully -deed restricted Category 2 unit. 2. Prior to the issuance of any building permits, the applicant shall pay the $39,999.30 cash -in -lieu for mitigation of the employee generation. If this balance is not paid by May 22, 1995 the fee will increase to $50,195.20.' 3. The applicant shall pay the parking cash -in -lieu mitigation of $7,500, prior to the issuance of any building permits. 4. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTION: "I move to approve the Boogies Diner GMQS Exemption for a change in use that adds 249 sq.ft. of net leasable area, subject to the conditions recommended in the April 25, 1995 Planning Office memorandum." EXHIBITS: "A" - Application Information "B" - Housing Office referral comments 3 605 EAST' MAIN STREET ASPEN, COLORADO 81611 TELEPHONE3031925-4755 FACSIMILE 303/920.2950 March 16, 1995 Kim Johnson Aspen/Pitkin County Planning Office 130 S. Galena Aspen, CO 81611 RE: BOOGIES DINER KITCHEN EXPANSION Dear Kim, Exhibit -Ai - Please consider this letter and the accompanying information a formal request for a GMQS exemption by the Planning and Zoning Commission. This request is being made under Section 8-104.B.1.b, change in use, provisions of the Land Use Code. PROJECT DESCRIPTION. Boogies Diner was constructed during the summer of 1987. It received a Certificate of Occupancy in November, 1987. The project was a reconstruction of The Shaft restaurant. As part of the reconstruction, a voluntary employee unit was created. This unit contained two bedrooms and 1 bath in 991 net livable square feet. Over the years, both bedrooms have rarely been occupied. Presently, the unit is occupied by the store manager and only one bedroom is utilized. At the same time, the restaurant portion of the operation has enjoyed great popularity. The success of this restaurant has caused it to out grow its present kitchen. Therefore, we are proposing to reconfigure the space at the north end of the second level. When completed, the remaining employee unit will contain approximately 715 s.f. net livable area with 1 bedroom and 1 bath. The restaurant kitchen area will expand by 249 net" leasuule .square feet. It is important tC note that nc new restaurant staff will be required. Rather, the new space will allow the existing staff to spread out and work more efficiently, and safer. BOOGIES DINER KITCHEN EXPANSION March 16, 1995 REVIEW STANDARDS. .: 1. Employee Housing. Since the existing employee unit was provided on a volunteer basis, we feel converting the unit from two bedrooms to one bedroom is appropriate, particularly since, as stated previously, only a one bedroom unit is needed on site. With respect to the newly created commercial space, the existing building configuration and the small size of the expansion make more on site housing impractical. Therefore the owner will make a cash payment to offset 60% of the employees generated by the expansion (again, please keep in mind that there will be no increase in staff as a result of this expansion). The amount of cash required by the code is variable, but we propose four (4) employees per 1,000 square feet at a Category 2 level. 2. On Site Parking. In this case, we feel we are swapping a bedroom with :commercial space and not creating any additional floor area or parking demands. Therefore, we would request that no parking mitigation be required. 3. Visual Impact. Since this is an interior remodel, there should be no visual impact to the city. 4. Impact on Public Services. The impact on public services will be very minimal. The new space will be used primarily for storage and prep work. The owner will pay all required water and sewer tap fees. CONCLUSION. We feel this request for change in use meets the requirements of the Land Use Code. Please schedule a hearing before the Commission on their earliest available agenda. Please feel free to contact us if you have any questions. Sincerely, Kim Weil Project Manager N xisting Floor Plan j i i I ' LIVING RM, - �� PH � i i KITCHEN Q BEDROOM cue ---�• 'ry BATH cn it �t I m 0 I NEW KITCHEN SPACE s tn o Me v • m Ta an.ovev m � � Tr t e.ron�: I ��t�,cin,ca I � I � 381336 8-781 P-23 05/IS/95 03;108 PG 1 EXHIBIT SILVIA DAVIS � MS REC PITKIN COUNTY CLERK & RECORDER 1 S. 00 'a OCCUPANCY D89D RESTRICTION AND AGREEMENT FOR AN EMPL®'YEE D WELLING UNIT THiS AGREEMENT is made and entered into this 3a -day of 'M 19 by Leonard Weinglass (hereinafter referred to as"Owner"), wh seaddre s i 534 East Cooper, located in the County of Pitkin, and the Aspen/Pitkin County Housing Authority, a multi jurisdictional housing authority established pursuant to the AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT recorded in Book 605 at Page 751 of the records of the Pitkin County Clerk and Recorder's Office (hereinafter referred to as "Authority"). WITNESSETH WHEREAS, Owner owns real property more specifically described as Lots R, S and the East2-1/2' Of Lot 1, Block 95, City of Aspen (hereinafter referred to as "Real Property"), which Real Propeffy shall contain a one bedroom Employee Dwelling Unit, approximately 715 net liveable square feet and is located above on the second floor of the building (hereinafter "Employee Dwelling Unit"), approved by the City Planning and Zoning Commission on April 25, 1995. For purposes of this Agreement, the Employee Dwelling Unit, the Real Property, and all appurtenances, improvements and fixtures associated therewith shall hereinafter be referred to as the "Property"; and WHEREAS, this Agreement Imposes certain covenants upon the Property which restrict the use and occupancy of the Employee Dwelling Unit to employees and thelr families who are employed in Pitkin County and meet the qualification guidelines established and indexed by the Authority on an annual basis. NOW, THEREFORE, in consideration of the mutual promises and obligations contained herein, the Owner hereby covenants and agrees as follows; 1• Owner hereby covenants that the Employee Dwelling Unit described above shall at all times remain a rental unit and shall not be condominiumized. 2. The use and occupancy of the Employee Dwelling Unit shall henceforth be limited exclusively to housing for employees and their families who are employed in Pitkin County and who meet thnes established and e definition of "employee" as that term is defined by the qualification guideli Indexed by the Authority on an annual basis. Owner shall have the right to lease the Employee Dwelling Unit to a "qualified employee" of his own selection. Such individual may be an employee of the Owner, provided such person(s) fulfills the requirements of a qualified employee. 3. The Employee Dwelling Unit shall not be occupied by the Owner or members of the immediate family ("Immediate Family" shall mean a person related by blood or marriage who is a first cousin for closer relative) and his or her children) nor shall the Employee Dwelling Unit be used a guest house or guest facility. 4. Written verification of employment of employee(s) proposed to reside in the Employee Dwelling Unit shall be completed and filed with the Authority by the Owner of the Employee Dwelling Unit prior to occupancy thereof, and such verification must be acceptable to the Authority. 5• The Employee Dwelling Unit shall be required to be rented for periods of no less than six (6) consecutive months. Upon vacancy of the Employee Dwelling Unit, the Owner is granted ninety 381336 B--781 F'-24 05/15/95 03:10P FSG 2 OF 3 (90) days in which to locate a qualified employee. If no employee is placed by the Owner, the Authority may rent the Employee Dwelling Unit to a qualified employee. 6, The maximum rental rate shall not exceed the Category #3 rental rate as set forth in the Rental Guidelines established by the Authority and may be adjusted annually as set forth by the Guidelines. The maximum permitted rent for the unit on the date of execution of this deed restriction is $933 per month. Rent shall be verified and approved by the Authority upon submission and approval of the lease. Employees shall be qualified by the Authority as to employment only, and not maximum income or asset limitations, 7. Lease agreements executed for occupancy of the Employee Dwelling Unit shall provide for a rental term of not less than six (6) consecutive months. A signed and executed copy of the lease shall be provided to the Authority by the Owner within ten (10) days of approval of employees) for the Employee Dwelling Unit. 8. This Agreement may be removed by the Owner with the approval of the Pitkin County Board of County Commissioners, subject to the requirement that the Employee Dwelling Unit is removed or modified. If modified, the remaining improvements must no longer be capable of occupancy as a "dwelling unit" as defined in the Pitkin County Land Use Code and must meet otherwise applicable code requirements, 9. Unless modified as stated above, this Agreement shall constitute covenants running with the Real Property as a burden thereon for the benefit of, and shall be specifically enforceable by, the Authority, the Board of County Commissioners of the County of Pitkin, Colorado, and their respective successors, as applicable, by any appropriate legal action including, but not limited to, Injunction, abatement, or eviction of non-qualified tenants. IN WITNESS HEREOF, the parties hereto have executed this instrument on this date and year above first written. OWNER: � r L onard Weinglass Mailing Address: Cla Booc�t 7)141%INC• .(joy q q 2y- F�P�N f to S t b I ai STATE OF ' 10(iQU ) ss. COUNTY fi �_i p1 ) The foregoing Instrument was acknowledged before me this, day of 19-15, by Leonard Weinglass. AMY M. KARMA7.ONINOTARY PUBLIC WITNESS MY hand and official seal; My Commission expires: P17ifIN cQUNTY BANK a TnusT RIM 3677 ASPEN. CO 6+6+2 MY COMMISSION EXPIRES 1010+'97 +cunni , Notary ublic `08, TARy 381336 B-781 P-25 05/15/95 03e10P PG 3 OF 3 ACCEPTANCE BY THE HOUSING AUTHORITY The foregoing agreement and its terms are accepted by the Aspen/Pitkin County Housing Authority. THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY By: Elizabeth Krizmanich, Chairperson Mailing Address: Executive Director Aspen/Pitkin County Housing Authority 530 East Main, Lower Level Aspen, CO 81611 STATE OF COLORADO � COUNTY OF PITKIN ) ss. The foregoing instrument was acknowledged before me this-ILI^'day of1914j- by Elizabeth Krizmanlch. WITNESS MY hand and official seal. My Commission expires: Date AworkW&ocolmedu TE otary Pu I 3 HUNTER STREET -- 2926.5 0 TREE TREE TREE \10 '9 -1 -1,5 POSS i'001111111 IIlkll � PI i�lbflll 605 EAST MAIN IN STRE E T ASPEN, COLORADO 81611 (7) 9]0/925 7 0 1 92 5 4755 (F) 9]0/920 2950 534 EAST COOPER Aspen, CO EXISTING SITE PLAN ©m 11.23.2015 1-- . Q POSS i'001111111 IIlkll � PI i�lbflll 605 EAST MAIN IN STRE E T ASPEN, COLORADO 81611 (7) 9]0/925 7 0 1 92 5 4755 (F) 9]0/920 2950 534 EAST COOPER Aspen, CO EXISTING SITE PLAN ©m 11.23.2015 1-- . EXISTING FLOOR AREA LEGEND L% COMMERCIAL FLOOR AREA `.__J OVERHANGS BEYOND 4'-0' J AHU FLOOR AREA BASEMENT - COMMERCIAL FLOOR AREA EXEMPT PER SECT. 26.575.020.D.8. BASEMENT TOTAL OSF MAIN LEVEL COMMERCIAL FLOOR AREA OVERHANGS BEYOND 4--0' AHU FLOOR AREA 4,887 SF 324 SF 74 SF MAIN LEVE -TOTAL 5,285 SF UPPER LEVEL LEVEL COMMERCIAL FLOOR AREA AHU FLOOR AREA 2,135 SF 771 SF UPPER LEVEL TOTAL 2,906 SF TOTALS COMMERCIAL FLOOR AREA AHU FLOOR AREA BUILDING OVERHANGS BEYOND 4--0' 7,022 SF 945 SF 324 SF GRAND TOTAL 8,191 SF Aspen, CO poss II;,.i1 c l�ll1 11,i!Illi!( �doy 605 FAST MAIN STREET ASPEN, COLORA00 9,6„ EXISTING BASEMENT LEVEL FLOOR AREA (T) 970/925 4155 (E) 970/910 1950 a ©SOTS Ae�an[�Ew,y 11.23.2015 :i f D 4'-0" .020.D.6. EXISTING FLOOR AREA LEGEND rL/1_/J COMMERCIAL FLOOR AREA _ J OVERHANGS BEYOND 4'-0' LI--I L'i J AHU FLOOR AREA BASEMENT COMMERCIAL FLOOR AREA EXEMPT PER SECT. 26.575.020.D.B. BASEMENT TOTAL 0 SF MAIN LEVEL COMMERCIAL FLOOR AREA OVERHANGS BEYOND W -O' AHU FLOOR AREA 4,887 SF 324 SF 74 SF MAIN LEVEL TOTAL 5,285 SF UPPER LEVEL LEVEL COMMERCIAL FLOOR AREA AHU FLOOR AREA 2,135 SF 771 SF UPPER LEVEL TOTAL 2,906 SF TOTALS COMMERCIAL FLOOR AREA AHU FLOOR AREA BUILDING OVERHANGS BEYOND 4'-0' 7,022 SF 845 SF 324 SF GRAND TOTAL 8,191 SF Aspen, CO p0$$ � bI"CHI I I (',H] I 1 I1 'All''llII}'(; ��yEXISTING MAIN LEVEL FLOOR AREA ` 1 605 EAST MAIN STREET ASPEN, COLO RA00 81611 i Ll (T) 9]0/925 4755 (P) 970/920 2950 ve=ta Q 201 ,pppg�,,y 11.23.2015 1 F TOP OF STAIR ELEMENT NOT INCLUDED PER SECT. 26.575.020D.2. (76 SF) AREA MEASURED TO OUTSIDE FACE OF FRAMING (VENEER NOTINCLUDED)PER PER SECT. 26.575.020D.1. OPEN TO BELOW TOP OF STAIR ELEMENT NOT INCLUDED PER SECT. 26.575.020.D.2. (86 SF) EXTERIOR DECK OPEN TO BELOW 1123 SF EXEMPT 26 575 020 DE4. DN II ELEVATOR TOP OF STAIR AND ELEVATOR ELEMENT NOT INCLUDED PER SECT. 26.575.020.D.2. (125 SF) AREA MEASURED OUTSIDE FACE OF BEARING CMU ON WEST WALL ONLY 0 1 %>%////////% /� 0 OPEN TO BELOW 11 EXISTING FLOOR AREA LEGEND COMMERCIAL FLOOR AREA L_ J OVERHANGS BEYOND 4'-0' r .1 AHU FLOOR AREA LTJ BASEMENT COMMERCIAL FLOOR AREA EXEMPT PER SECT. 26.575.020.D.8. BASEMENTTOTAL TSF MAIN LEVEL COMMERCIAL FLOOR AREA OVERHANGS BEYOND 4'-0- AHU FLOOR AREA 4,887 SF 324 SF 74 SF MAIN LEVELTOTAL 5,285 SF UPPER LEVEL LEVEL COMMERCIAL FLOOR AREA AHU FLOOR AREA . U : UPPER LEVEL TOTAL 2,906 SF DN• 6 AHU:.•.. ........; 7,022 SF 845 SF 324 SF ....'.:::-:771 SF::.':::'::::'::: ; l ;=. '::::::::' ................. ::..... ': ::: , ..'..'.. , ... , . , •'. • :: I f I r r I.. I' - �.. .... .. ... .. .. ... .. ... .'�:�.�.'.'� OPEN TO BELOW TOP OF STAIR ELEMENT NOT INCLUDED PER SECT. 26.575.020.D.2. (86 SF) EXTERIOR DECK OPEN TO BELOW 1123 SF EXEMPT 26 575 020 DE4. DN II ELEVATOR TOP OF STAIR AND ELEVATOR ELEMENT NOT INCLUDED PER SECT. 26.575.020.D.2. (125 SF) AREA MEASURED OUTSIDE FACE OF BEARING CMU ON WEST WALL ONLY 0 1 %>%////////% /� 0 OPEN TO BELOW 11 EXISTING FLOOR AREA LEGEND COMMERCIAL FLOOR AREA L_ J OVERHANGS BEYOND 4'-0' r .1 AHU FLOOR AREA LTJ BASEMENT COMMERCIAL FLOOR AREA EXEMPT PER SECT. 26.575.020.D.8. BASEMENTTOTAL TSF MAIN LEVEL COMMERCIAL FLOOR AREA OVERHANGS BEYOND 4'-0- AHU FLOOR AREA 4,887 SF 324 SF 74 SF MAIN LEVELTOTAL 5,285 SF UPPER LEVEL LEVEL COMMERCIAL FLOOR AREA AHU FLOOR AREA 2,135 SF 771 SF UPPER LEVEL TOTAL 2,906 SF TOTALS COMMERCIAL FLOOR AREA AHU FLOOR AREA BUILDING OVERHANGS BEYOND 4'-0' 7,022 SF 845 SF 324 SF GRAND TOTAL 8,191 SF posy {`:1; ;Ill I I C 1111; , I'1 �`)&41!11`a(� �d°y EXISTING UPPER LEVEL FLOOR AREA ti 1 605 EAST MAIN STREET ASPEN, COLORADO 81St1 YJ (T) 970/925 4755 (F) 970/920 2950©1015�1t 1j,23.2pj5 t 1 AREAINTEGRP FUNCTION OF PER SECT. 26. EXISTING NET LEASABLE LEGEND V�7 NET LEASABLE r—� NET LIVABLE L'.vJ BASEMENT COMMERCIAL NET LEASABLE 3,620 SF BASEMENT TOTAL 3,620 SF MAIN LEVEL COMMERCIAL NET LEASABLE AHU NET LIVABLE 4,266 SF APCHA EXEMPT SF MAIN LEVEL TOTAL 4,266 SF UPPER LEVEL COMMERCIAL NET LEASABLE AHU NET LIVABLE 2,009 SF 744 SF UPPER LEVEL TOTAL 2,753 SF TOTALS NET LEASABLE GRAND TOTAL NET LIVABLE GRAND TOTAL 9,895 SF 744 SF Aspen, CO pp$$ '7l; alll(I#,#III;( €}IraNIllit?( Vdoy EXISTING BASEMENT NET LEASABLE f'E I 695 EAST MAIN STREET ASPEN, COLO RADO 61611 RStia,a�u 1 .23.2015 I (T) 970 / 121 4111 (P) 970 / 920 2950 a ©NIS ,�„� „,�,� 1 AREA INTEGRAL TOTH E BASIC FUNCTION OF THE BUILDING. PER SECT. 26.575.020.1. (327 SF AHI I CTAIR !FR CFl __.. ,... ,._.... _. _.. _.._ _.._..__ EXISTING NET LEASABLE LEGEND Ln1J NET LEASABLE rL-,7' NET LIVABLE BASEMENT COMMERCIAL NETLEASABLE 3,620 SF BASEMENT TOTAL 3,620 SF MAIN LEVEL COMMERCIAL NET LEASABLE AHU NET LIVABLE 4,266 SF APCHA EXEMPT O SF MAIN LEVEL TOTAL 4,266 SF UPPER LEVEL COMMERCIAL NET LEASABLE AHU NET LIVABLE 2,009 SF 744 SF UPPER LEVEL TOTAL 2,753 SF TOTALS NET LEASABLE GRAND TOTAL NET LIVABLE GRAND TOTAL 9,895 SF 7445E Aspen, CO TOSS t,I;;i191 i;IiEII I`l,i'!(illll({ �`°y EXISTING MAIN LEVEL NET LEASABLE 605 EAST MAIN STREET ASPER, COLORA00 91611 SCJ (T) 9701925 4755 (f) 970/920 2950 vs'=1'a' ©?DIS AtOn[cn SNA Fc 11.23.2015 t ®l1fIIIAAR ¢�i[5, IN>2]If t]^:1rN TOP OF STAIR ELEMENT EXEMPT PER SECT. 26.575.020.1. (71 SF) I NET LEASABLE Lr. . 1 NET LIVABLE uJ BASEMENT COMMERCIAL NET LEASABLE 3,620 SF AHU 3,620 SF MAIN LEVEL ... ..... .. .... MAIN LEVEL TOTAL STAIR UPPER LEVEL COMMERCIAL NET LEASABLE AHU NET LIVABLE 2,009 SF 744 SF -------------- UPPER LEVEL TOTAL :AHU':':': TOTALS J ... ....... .• .. . .:: . j / : 4 INTEGRAL TO THE BAS 'TION OF THE BUILDING SECT. 26.575,020.1.: OPEN TO BELOW - EXISTING EXTERIOR SEATING DECK ELEVATOR TOP OF STAIR AND ELEVATOR ELEMENT EXEMPT PER SECT. 26.575.020.1. (99 SF) EXTERIOR DECK 1123 SF EXEMPT PER SECT. 26.575.020.D.4. OPEN TO BELOW TOP OF APER SEC j OPEN TO BELOW EXISTING NET LEASABLE LEGEND NET LEASABLE Lr. . 1 NET LIVABLE uJ BASEMENT COMMERCIAL NET LEASABLE 3,620 SF BASEMENT TOTAL 3,620 SF MAIN LEVEL COMMERCIAL NET LEASABLE AHU NET LIVABLE 4,266 SF APCHA EXEMPT 0 SF MAIN LEVEL TOTAL 4,266 SF UPPER LEVEL COMMERCIAL NET LEASABLE AHU NET LIVABLE 2,009 SF 744 SF -------------- UPPER LEVEL TOTAL 2,753 SF TOTALS NET LEASABLE GRAND TOTAL NET LIVABLE GRAND TOTAL 9,895 SF 744 SF 534 EAST COOPER Aspen, CO POSE`,};;;}}I1} EXISTING UPPER LEVEL NET LEASABLE „1 605 EAST MAIN STREET ASPEN, COLORA00 81811 J (T) 970/925 4755 (F) 970/920 2950 L<=1'm ©2015 Ia0itm A®eFme�ic 11.23.2015 € SVINl15 L135SFM 2Ye r Y .e - o , u a Y ' Y r," 1 r n) s 1j ze �.. f V [ ow y � ;t -E. -�b F' P• M,Q, e .. 41� �_ iT � Y d � ; F �i s -�.� g o , „ ,� - . oil n Y / vi law, t. y /{ �. 6! 11 A, 3 '3 F lig ,r + Td r i 1.,r L I ej z WVI NNS -1 IWA .L t x w l lr5 a .- ,. my M.0 y'b < x At ow Y t i my 1 _A 1 r e .x y Y F' 10' Qjj f, JA ! r„ a > r' T j i �p GS 2 fM I j i f r r m, 1 A G; i E ! 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Box 4827 Basalt, CO 81621 Subject: Conceptual Engineering Analysis for 534 E. Cooper Avenue HPC Major Development Plan/Commercial Design Review Application SE Project No. 15193 Dear Mr. Vann, Sopris Engineering has prepared this letter to summarize our conceptual engineering findings in regards to the proposed renovation and improvements to the existing building located at 534 E. Cooper Avenue. This letter focuses on utility services to the building, drainage mitigation recommendations and Multi - Modal Level of Service (MMLOS) improvements to mitigate the additional trips generated from the expanded square footage. The information outlined within this letter was based on site plans prepared by POSS Architecture + Planning, existing survey performed by Sopris Engineering, LLC, coordination with various utility providers and a site visit to assess the existing drainage infrastructure within the building. Existing Building Description: The existing building (Boogies Diner & Retail) is a two-story brick structure on a 6,269-/- s.f. lot located at the northwest corner of E. Cooper Avenue and S. Hunter Street. According to the City's assessor's website the building was constructed in 1988. The property currently occupies commercial space at the lower and upper levels. An affordable housing unit and diner are also located on the second floor. The basement is used for storage and houses the mechanical room and a walk-in cooler. The roof is primarily flat and houses various pieces of mechanical equipment. The roof appears to drain entirely to an existing dry well located within the basement which is further discussed within the Drainage Section of this letter. Finally, the surrounding sidewalks are snowrnelted frorn the top back of curb to the edge of building and connected to a recently improved boiler system which is located within the mechanical room. Project Description: The remodel and renovation work proposed include an entire remodel of the interior space, a new roof and an expansion of the building footprint along the east side of the building. The resultant leasable area will be dedicated to commercial use. Site improvements in support of mitigating additional trips generated by the project include the creation of a 5 -ft landscape buffer along S. Hunter Street as well as the installation of a bi-directional pedestrian ramp at the corner of E. Cooper Avenue and S. Hunter Street. Finally, expanding the existing dry well system and adding a pump to provide a controlled outfall is also proposed for providing the required water quality capture volume for the entire roof area. All these improvements are further discussed below. Utilities: This section outlines our findings as they pertain to the various utilities currently serving the project and are based on discussions that have taken place to date with the various utility providers. 502 Main Street ® Suite A3 Carbondale, f CO 81623 (970) 704-0311 Fax (970) 704-0313 CJ [' [jai [I r' udI v,] 111 i, � in H c(hi o J, civil consultants November 24, 2015 SE Job # 15193 Page 2 of 5 ® Gas: Source Gas is the provider of natural gas in this area. Currently the building is served with a 2 -inch service line off a 4 -inch main that runs along the alley on the north side of the building. This existing service will be adequate to serve the renovated building. Electric: The City of Aspen is the provider of electric service to the building. Based on discussions with the Electric Department the building is currently served from a transformer that is located northwest of the subject building. This existing transformer does not include a vault and is located under the eve of the adjacent building. Despite these deficiencies the Electric Department has indicated that if the existing service is found to be adequate to serve the renovated building then the transformer can continue to provide service to the building. In the unlikely event the proposed demands of the building are increased and a new service is necessary further coordination with the Electric Department will need to take place to discuss options for providing service to the building; to include pulling service from the existing transformer across the alley which is intended to provide service to Little Annie's and the Aspen Core Buildings. If this is not an option based on the requirements of the Little Annie's redevelopment plan then a new transformer and vault will need to be accommodated onsite and per the City's Electric Department standards. ® Telephone: Century Link is the provider of telephone service in this area. Telephone service is currently provided to the existing affordable housing unit, commercial and restaurant components of the building via a pedestal located within the trash area along the north side of the building. Telephone service will continue to be served from this pedestal. Sanitary Sewer: Aspen Consolidated Sanitation District (ACSD) is the provider of sanitary sewer service for the Aspen area. ACSD stated in an email that the subject property has two sewer services to the existing building. One is approximately 115 feet west of the manhole east of the curb line in Hunter Street. The second is approximately 145 feet west of same said manhole. Both services are connected to the sewer main that runs along the alley. This sewer main is approximately 7.5 -ft deep. The size and material types were not known and the District was not sure if the service located 115 feet from manhole was in use. The integrity, location, size, internal routing and material types of these service lines shall also be verified prior to construction and will only need to be upgraded if the condition of the service lines are found to be unacceptable. Water service is currently being provided to the subject property via a 4 -inch ductile iron pipe that is connected to the water main that runs along S. Hunter Street. Based on the site visit the penetration through the building is along the northeast side of the building; however a shut-off gate valve was not located within the right-of-way. A fire suppressant system is currently installed throughout the building and a fire department connection is located near the south entrance along the east side of the building. Given the existing location of the fire department connection it will need to be extended through the addition so that access to this apparatus is maintained. Drainage: Given the proposed site disturbance associated with the redevelopment of the existing building this project will be classified as a "Major Design" project under the City of Aspen's Urban Runoff Management Plan (URMP). The drainage criteria for this type of classification, given the location, are to provide water quality treatment and to ensure that no adverse impacts will be created due to the proposed improvernents. Stormwater detention or fee -in -lieu of providing detention is not required since the 502 Main Street - Suite A3 - Carbondale, CO 81623 - (970) 704-0311 - Fax (970) 704-0313 civil consultants November 24, 2015 SE Job It 15193 Page 3 of 5 property is directly connected to the City's storm sewer system. This section describes the existing drainage conditions as well as the proposed stormwater mitigation recommendations for integrating water quality treatment facilities to comply with the City's URMP Manual. Exhibit A has also been provided as an attachment to this letter for illustrative support. Existing Drainage Conditions: The existing site currently conveys runoff from approximately 850+/- s.f. of impervious area to the neighboring right-of-way. These areas include a narrow gap between the adjacent building to the west, a portion of the entrance roof atrium and the surrounding sidewalks along the east side of the building. The remaining 5,420+/- s.f. includes roof area that is currently being conveyed to the existing dry well located within the basement. According to an employee who has worked at the building for the past 20 -years this dry well has operated without failure since his time of employment. A site visit was conducted on October 30, 2015 to verify the size of this existing dry well as well as perform a percolation test to confirm infiltration capacities. Out* findings indicate that the dry well is a 5 -ft diameter perforated structure that is approximately 6.9+/- feet deep measured from the basement slab. The structure consists of a 3+/- ft perforated barrel section, 3+/- ft solid conical barrel section with a 2 -ft diameter access lid which results in approximately 75 c.f. of volume; neglecting any gravels that may be surrounding the exterior of the structure. Four 4 -inch diameter cast iron pipes and a 4 -inch flexible pipe enter the structure at a depth of 1.7+/- feet from the basement floor. Minor sediment build-up was observed at the sump of the structure. The percolation test consisted of introducing approximately 660 gallons of water into the structure. This was achieved by pouring nine 5 -gallon buckets in four separate doses as well as allowing a garden hose to continuously run for over an hour at a flowrate of approximately 8 gprn. During the test the maximum water depth within the dry well was only 10 -inches and the resultant average percolation rate observed was 12 in/hr. It is worth noting that it was raining at the time of the test and water was discharging from the roof drains and into the structure. Furthermore, the Aspen area had received 4 -inches of cumulative rainfall over the previous 4 -days and there was no standing water within the structure prior to commencing the test. In summary, utilizing a dry well at this location to infiltrate stormwater into the underlying soils is an acceptable best management practice for managing stormwater and has proven to be effective for the past 27+ years at this site. Proposed Drainage Mitigation: The proposed drainage mitigation approach for this project is to provide water quality treatment for the entire roof area (6,000+/- so which essentially cover's 96% of the entire lot. Given the inability to provide water quality treatment of the roof area at the surface because of the lack of available onsite real estate and based on the high performance of the existing dry well within the basement it is our recommendation to continue utilizing this existing structure. However, despite the condition, performance and effectiveness of the existing dry well it has been determined that it does not rneet the City's sizing criteria and therefore will need to be expanded and outfitted with an overflow pump system to meet the sizing requirements. Expanding the existing dry well system would consist of installing an additional dry well immediately adjacent to the existing structure and hydraulically connecting them together via a 8" pipe at the bottom of the structures. A pump system would also be installed to provide a form of controlled outfall. The pumps will be sized to maximize the available volume within the dry well and will include a small discharge pipe that will need to be routed through the structure and likely penetrate the building at the alley. Given the performance of the existing dry well coupled with the proposed expansion of the system it is not likely that these pumps will ever be engaged; however the resultant systern will comply with the City's URMP. Table 502 Main Street ® Suite A3 ® Carbondale, CO 81623 ® (970) 704-0311 ® Fax (970) 704-0313 SOPRIS ENGINEERING 0 tic civil consultants November 24, 2015 SC Job # 15193 Page 4 of 5 1 summarizes the water quality capture volume required to treat stormwater runoff generated from the entire roof area. Table 1: Water Quality Capture Volume Summary AREA% WQCV WQCV REQ. WQCV (sf) ( IMPERVIOUS ( (in) (CF) (WQCV x:1.5) (CF) 6000 100 0.255 128 191 The sizing estimates for the water quality component of this system was based on the water quality capture volume criteria outlined within the City's URMP and as summarized within Table 1 above was determined to be 191+/- c.f. This indicates that an additional dry well of similar size and depth would provide the required water quality capture volume. Again, this additional dry well would be hydraulically connected to the existing dry well by connecting a 8" drain pipe at the bottom of the structures. In addition, a pump system would be included and the discharge pipe would be routed to discharge at the alley and east of the trash enclosure. Design Constraints: As mentioned above the proposed roof area will encompass approximately 96% of the entire site. The remaining 4% of the site consists of the area falling in between the building and neighboring building as well as a narrow strip of concrete that lies along the east side of the building. A variance for providing water quality treatment may be required for these areas given the complexities associated with capturing and routing runoff to a treatment facility. The challenge with providing water quality treatment for the area along the west side of the building is obvious; the area is confined between two existing structures and does not offer enough space to feasible construct any type of stormwater infrastructure. The narrow strip of sidewalk along the east side of the building also poses some challenges. Some concepts that can be further explored as the design progresses include the installation of a slot drain along the property that would intercept stormwater runoff prior to it being conveyed to the right-of-way. The slot drain would then need to be routed to the interior water quality dry well structures located in the basement since there is not enough room onsite for a water quality vault or exterior dry well. It is our belief that this approach would visually impact the pedestrian experience since a slot drain would break up the streetscape. Another option would be to install bioretention cell(s) within the proposed 5 -ft wide landscape area; however because S. Hunter Street flows from the south to the north the only viable location within the planter area would be just north of the existing trees. This would limit the available footprint area of a bioretention cell to about 30 sf which would result in a deep depression (10"+/-) to accommodate the required storage depth as well as available head for the associated overflow inlet. This type of depth adjacent to a pedestrian corridor could create a nuisance tripping hazard. In addition, the overflow inlet associated with this treatment area would need to be connected to the City's storm system and the closest point of connection down gradient is the recently constructed shallow inlet at the Aspen Core Building. Furthermore, the excavation required to install grow media for the bioretention area would likely impact the existing tree located within this area. Another option would be to integrate permeable pavers within this area. This approach would require an some excavation work in and around the existing trees as well as an underdrain system given the proximity to the existing building. These underdrains would then need to be connected to the City's storm system and again the nearest point of connection down gradient is the shallow inlet near the Aspen Core Building. As an alternative the underdrains could potentially be routed to the improved dry well system proposed within the basement but this would require penetration of the foundation walls. 502 Main Street ® Suite A3 ® Carbondale, CO 81623 ® (970) 704-0311 ® Fax (970) 704-0313 civil consultants November 24, 2015 SE Job It 15193 Page 5 of 5 It is worth noting that the impervious area falling on the subject property and along the east side of the building will be routed through the proposed landscape area which will provide some level of water quality treatment as well as disconnect directly connected impervious areas which does not occur today. In addition, the 5 -ft landscape buffer will eliminate approximately 470 sf of impervious snowmelt sidewalk which will result in an overall reduction of approximately 1,000 sf of impervious area (onsite and offsite) being routed directly to the City's storm system. A formal drainage report outlining the stormwater mitigation approach for this project will be submitted with any future building permit application. Trip Generation Mitigation: Sopris Engineering was asked to assist with providing recommendations for mitigating the estimated trips generated from the project from a Multi -Modal Level of Service (MMLOS) standpoint. Our review of the site offers a few opportunities to enhance the pedestrian experience as well as pedestrian access to the building. These include the integration of a landscape strip along the east side of the building as well as constructing a bi-directional pedestrian ramp at the corner of E. Cooper Avenue and S. Hunter Street. The construction of the landscape buffer will require the removal of approximately 470 sf of existing snowmelt sidewalk and replacing it with landscaping improvements. The existing trees within this area will need to be protected so they are not impacted; however these improvements will not only enhance the pedestrian experience but also improve the quality of stormwater runoff, benefit the trees as well as reduce the energy consumption associated with the snowmelt system. The installation of the bi-directional pedestrian ramp will improve the pedestrian access to the building. This work will require the relocation of an existing fire hydrant that lies directly in the travel path of the existing ramp. The existing light pole could also be relocated in between the proposed ramps which would provide a bi-directional ramp that meets the City standards. Based on the City's MMLOS Tool Kit Spreadsheet these improvements along with the project's directness factor would mitigate 10 trips. These proposed improvements and MMLOS Spreadsheet are illustrated on Exhibit B. Transportation Demand Management techniques will also be proposed per the requirements outlined within the Traffic Impact Analysis Guidelines. Sincerely, Sopris Enginee 4 Y N T Yancy Nichol,'P,[ '/ Principal 'i'��,�ssi Z /V// Jesse K. Swann, PE Project Engineer Encl; Exhibit A- Existing & Post Development Stormwater Mitigation Plan Exhibit B- MMLOS Improvements 502 Main Street - Suite A3 - Carbondale, CO 81623 - (970) 704-0311 - Fax (970) 704-0313 civil consultants W 534 E. COOPER AVE. IMPROVEMENTS w70PRIS ENGINEERING, LLC. '> CITY OF ASPEN, COLORADO CIVIL CONSULTANTS EXHIBIT A -EXISTING & POST DEVELOPMENT STORMWATER PLAN,,': \ MN <5 W51 I; r� I o��i;4 a 6 F 3nF6 DG^ Else ��I - 8j, 2 Ri s 4 \ E RH g e� t 1 9Ff, g I Ian v 0 5 S �Ve 534 E. COOPER AVE. IMPROVEMENTS w70PRIS ENGINEERING, LLC. '> CITY OF ASPEN, COLORADO CIVIL CONSULTANTS EXHIBIT A -EXISTING & POST DEVELOPMENT STORMWATER PLAN,,': G ,fie I; a 6 � 6n, So Ri g t 1 9Ff, g I Ian v 5 S �s q a_ _ sss �t I I _ SgEg�E 534 E. 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Y x •:.. i. � ��X � dp S s a6nuaaJ W(cV uo -uo, �'a 1uu� '.�»FV>MS nlnoll KlVwP>d rvcP>aappue>uaa ko-�V>N� wP>d ,.. � pPaT�d gueJ ♦IawF15 ..; Na.♦'W+�d sdcv>NM W°Ey^ul�>Hivl M1vnP PPY sue(J;sapad 0 - JJJwsruwnN.- 3i L� �a� �Se, IaI Q�6 sg z ♦ o R c, Me \\ a N 3i L� P � z ♦ o R c, F wU' i V" II Me \\ a N P � z ♦ o c� F F wU' 8 IN A O` EXHIBIT a A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) GRANTING MAJOR DEVELOPMENT (CONCEPTUAL) AND CONCEPTUAL COMMERCIAL DESIGN REVIEW APPROVAL FOR THE PROPERTY LOCATED AT 534 EAST COOPER STREET, LOTS R, S AND EASTERLY 21/2 FEET OF LOT Q, BLOCK 95, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO RESOLUTION #16, SERIES OF 2012 PARCEL ID: 2737-182-24-008. WHEREAS, the applicant, Boogie's Building of Aspen, LLC, represented by Kim Weil of Poss Architecture + Planning, has requested HPC Major Development (Conceptual) and Commercial Design Review (Conceptual) approval for the property located at 534 Cooper Street, Lots R and S, and the Easterly 2 1/2 feet of Lot Q, City and Townsite of Aspen, Colorado; and WHEREAS, the subject property is located within the Commercial Core Historic District; and WHEREAS, Section 26.415.070, Development involving designated historic property, of the Municipal Code states that "no building or structure shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or district until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review;" and WHEREAS, for Conceptual Major Development Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.D.3.b.2 and 3, Development involving designated historic property- Certificate of appropriateness for major development, of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional inf6rmation necessary to make a decision to approve or deny; and WHEREAS, for Conceptual Commercial Design Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen Commercial, Lodging and Historic District Design Objectives and Guidelines per Section 26.412.040.A.2, Commercial Design Standards Review Procedure, of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, Sara Adams, in her staff report to Historic Preservation Commission dated July 11, 2011, performed an analysis of the application based on the standards, found that the review standards are met with conditions; and RECEPTION#: 590891, 07/26/2012 at 10:13:55 AM, 1 of 2, R $16.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO 534 E. Cooper Street (Boogie's) HPC Resolution #16, Series of 2012 Page 1 of 2 WHEREAS, during the duly noticed public hearing on July 11, 2012, the applicant provided the Historic Preservation Commission with proof of completion of the neighborhood outreach requirement of Section 26.304.035.C.3 and Section 26.304.035.F, Neighborhood Outreach, of the Aspen Municipal Code; and WHEREAS, at their regular meeting on July 11, 2012, the Historic Preservation Commission considered the application during a duly noticed public hearing, the staff memo and public comments, and found the proposal consistent with the review standards and recommended approval with conditions by a vote of four to zero (4 — 0). NOW, THEREFORE, BE IT RESOLVED: That HPC hereby grants HPC Major Development (Conceptual), Commercial Design Standard Review (Conceptual) approval for the property located at 534 East Cooper Street, City and Townsite of Aspen, Colorado with the following conditions: 1. Chimney is not approved. 2. Restudy materials on elevator shaft to reduce perceived mass and height for review at Final Review. 3. The 42 ft. height increase is not approved. 4. Public amenity approved to be 8% onsite and 2% off-site public improvements to the right of way subject to review and approval by the Parks Department, Engineering Department and Community Development Department. 5. A development application for a Final Development Plan shall be submitted within eighteen (18) months of July 11, 2012, the date of approval of a Conceptual Development Plan. Failure to file such an application within this time period shall render null and void the approval of the Conceptual Development Plan. The Historic Preservation Commission may, at its sole discretion and for good cause shown, grant a one-time extension of the expiration date for a Conceptual Development Plan approval for up to six (6) months provided a written request for extension is received no less than thirty (30) days prior to the expiration date. APPROVED BY THE COMMISSION at its regular meeting on the 11th day of July, 2012. Ann Mullins, Chairman Appr d as to Form: Deb ie Quinn, Assistant City Attorney ATTES Kathy Strie and, Chief Deputy Clerk 534 E. Cooper Street (Boogie's) HPC Resolution #16, Series of 2012 Page 2 of 2 EXHIBIT RECEPTION#: 599060, 04/29/201w,, 10:34:32 AM, 1 of 13, R $71.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION N0. 10, (SERIES OF 2013) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING FREE-MARKET RESIDENTIAL, AFFORDABLE HOUSING, AND COMMERCIAL GROWTH MANAGEMENT REVIEWS, AND RECOMMENDING THE CITY COUNCIL APPROVE A SUBDIVISION, FOR THE DEVELOPMENT OF ONE (1) FREE-MARKET RESIDENTIAL UNIT, ONE (1) AFFORDABLE HOUSING UNIT, AND 292 SQ FT OF NEW COMMERCIAL SPACE FOR THE PROPERTY LOCATED AT 534 E COOPER AVE BOOGIES BUILDING) CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. ParcelID: 2737-182-24-008 WHEREAS, the Community Development Department received an application from Boogie's Building of Aspen, LLC, represented by Sunny Vann of Vann Associates, LLC requesting approval of Free -Market Residential, Affordable Housing, and Commercial Growth Management Allotments, and Subdivision, to remodel and expand the existing building to include one (1) free-market residential unit, one (1) affordable housing unit, and 292 sq ft of new commercial space; and, WHEREAS, the Applicant requests approval by the Planning and Zoning Commission Free -Market Residential, Affordable Housing, and Commercial Growth Management Allotments; and, WHEREAS, the Applicant requests a recommendation by the Planning and Zoning Commission to the City Council for Subdivision approval; and, WHEREAS, the property is zoned Commercial Core (CC); and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended approval of the application; and, WHEREAS, during a duly noticed public hearing on April 16, 2014, the Planning and Zoning Commission approved Resolution No. 10, Series of 2013, by a seven to zero (7 — 0) vote, approving one (1) Free -Market Residential Growth Management Allotments, one (1) Affordable Housing Growth Management Allotment, and 292 sq R Commercial Growth Management Allotments, and recommending the Aspen City Council approve aSubdivision; and, WHEREAS, the Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Resolution No 10, Series 2013 Page I of 5 Development Director, the applicable referral agencies, and has taken and considered public comment; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves Growth Management allotments and approvals for one (1) free-market residential unit, one (1) affordable housing unit, and 292 sq ft of commercial net Ieasable space. The Planning and Zoning Commission hereby recommends City Council approval of Subdivision. Section 2: Dimensions All dimensions shall meet the requirements of the Land Use Code in effect on March 30, 2012 (date of initial application). The free-market residential unit is approved at 2,307 square feet of net livable area, through the landing of a Historic Transferable Development Right (TDR). The approved floor plans are attached as Exhibit A. Minor changes from these are permitted at building permit. Areas labeled as "roof' or "rooftop garden" are not permitted for use as a deck. The chimney shown in the approved plans is not approved. The project is subject to all conditions included in HPC Resolution 16, Series of 2012. The Final HPC and Commercial Design Reviews shall address where any rooftop mechanical equipment is located. Section 3: Engineering The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the Engineering Department. The Applicant shall be subject to the Urban Runoff Management Plan Requirements. A compliant drainage plan must be submitted with a building permit application. This includes detaining and providing water quality for the entire site. If the site chooses fee - in -lieu of detention (FIL), it can only be applied to existing impervious areas all new Resolution No 10, Series 2013 Page 2 of 5 areas will need to discharge at historic rates. Any detention requirements covered under the FIL option must discharge directly to the City's stormwater infrastructure. As of March 13, 2013, the sidewalk was in acceptable condition and did not require replacement. The curb and gutter was damaged and should be replaced. Should the sidewalk, curb or gutter be damaged as a result of construction activities, it will be the property owner's responsibility to repair the damage as described in Title 21. Due to the proximity of the neighboring property, the City will require an excavation stabilization plan prior for any excavation. The plan should be submitted with the building permit submittal. The Construction _ Management Plan shall describe mitigation for: parking, staging/encroachments, and truck traffic. Section 4: Affordable Housing The I on-site, one -bedroom affordable housing unit shall be deed restricted to Category 3. The Certificate of Occupancy (CO) for the unit shall be issued prior to or at the same time as the proposed free-market unit. The unit shall be owned and managed by Boogies Building of Aspen, LLC. More detailed information regarding the management and maintenance of the unit shall be provided to APCHA with the proposed deed restriction prior to CO. The owner shall have the right to rent the unit to tenants qualified under the APPCHA Guidelines. If the owner cannot provide a qualified tenant, the unit shall be rented through APCHA's normal advertising process. At no time shall the tenancy of the unit during a lease period be tied to continued employment by the owner. Tenant leases, however, may be terminated for cause or at the end of the lease period upon termination of employment. The tenant in the rental unit shall be required to be requalified by APCHA on a yearly basis. Owner and APCHA stipulate and agree that, in accordance with C.R.S. 38-12-301(l)(a) and (b), this Deed Restriction constitutes a voluntary agreement and deed restriction to limit rent on the property subject hereto and to otherwise provide affordable housing stock. Owner waives any right it may have to claim that this Deed Restriction violates C.R.S. 38-12-301. The deed restriction shall allow the unit to become ownership unit at such time as the owner elects to condominiumize and sell the unit, or at such time as APCHA determines the unit is found to be out of compliance for one year. If the unit is found to be out of compliance for one year, or the owner elects to sell the unit, the unit shall be listed for sale with APCHA at the category specified in the deed restriction. The sales price shall be as stated in the APCHA Guidelines in effect at the time of recordation of the deed restriction plus appreciation calculated at three percent (3%) per annum or the Consumer Price Index (simple appreciation not compounded), whichever is less, as of the listing date of the unit. Resolution No 10, Series 2013 Page 3 of 5 If the unit is being sold due to noncompliance, it shall be sold through the lottery system. If the owner elects to sell the unit, the owner may choose the initial buyer provided they qualify under APCHA's top priority for the unit, If the owner elects to sell the unit, or they are required to be sold due to noncompliance, owner shall condominiumize the unit and form a condominium association for the management and maintenance thereof. The affordable housing association shall be separate from the free-market residential unit's and commercial unit's association(s). In the event the rental unit is required to become ownership unit due to noncompliance, APCHA or the City may elect to purchase them for rental to qualified tenants in accordance with APCHA Guidelines. Section S: Fire Mitigation All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (TFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Section 6: Utilities Due to a low roof (non -conforming with standards) above the existing transformer and non-conformance to Electrical codes, the existing transformer cannot be upsized in place. Most likely the transformers at Aspen Core/ Little Armies will not be able to be used by this developer as capacity is being reserved for those developments. Due to these constraints, a new transformer location may be the best option. The applicant shall work with the Utilities Department prior to submittal of building permit to determine a location for a new transformer that acceptable to the Utilities Department. Section 7: Sanitation District Requirements Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. Because a restaurant currently exists and is anticipated to remain, Oil and Grease interceptors (NOT traps) are required for all food processing establishment. Locations of food processing shall be identified prior to building permit. Section 8: Parks Landscaping in the public right of way will be subject to landscaping in_ the ROW - requirements, Chapter 21.20. There shall be no plantings within the City ROW which are not approved by the City Parks Department and the Engineering Department. If a tree(s) is requested for removal, the applicant will be required to receive an approved tree removal permit per City Code 13,20, this includes impacts under the drip line of the tree. Parks is requiring that the tree permit be approved prior to approval of the demo and/or building permits. Parks will approve a final landscape plan during the review of the tree removal permit based on the landscape estimates. Resolution No 10, Series 2013 Page 4 of 5 A vegetation protection fence shall be erected at *the drip line of each individual tree or groupings of trees remaining on site and their represented drip lines. A formal plan indicating the location of the tree protection will be required for the building permit set. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site. This fence must be inspected by the city forester or his/her designee before any construction activities are to commence, Section 9: Parkin The applicant shall pay a cash -in -lieu fee for the 0.292 parking spaces generated by the development. Sech--- i2 10: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as ' herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 11: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 12• If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 16th day of April, 2013. APPROVED AS TO FORM: CO I(� Debbie Quinn, Asst. City Attorney pamer, Chair ATTEST: rcckie Lothian, Deputy City Clerk ZONING Resolution No 10, Series 2013 Page 5 of 5 RECEPTION#:611345 EXHIBIT 02:50:03 PM, 1 OF 11, R $61.00 Do Ordinance No. 26, Janice K. Vos Caudill, (SERIES OF 2013) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING SUBDIVISION, FOR THE DEVELOPMENT OF ONE (1) FREE-MARKET RESIDENTIAL UNIT, ONE (1) AFFORDABLE HOUSING UNIT, AND 292 SQ FT OF NEW COMMERCIAL SPACE FOR THE PROPERTY LOCATED AT 534 E COOPER AVE (BOOGIES BUILDING) CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-182-24-008 WHEREAS, the Community Development Department received an application from Boogie's Building of Aspen, LLC, represented by Sunny Vann of Vann Associates, LLC requesting approval of Free -Market Residential, Affordable Housing, and Commercial Growth Management Allotments, and Subdivision, to remodel and expand the existing building to include one (1) free-market residential unit, one (1) affordable housing unit, and 292 sq ft of new commercial space; and, WHEREAS, the Applicant requests approval by the Planning and Zoning Commission Free -Market Residential, Affordable Housing, and Commercial Growth Management Allotments; and, WHEREAS, the Applicant requests a recommendation by the Planning and Zoning Commission to the City Council for Subdivision approval; and, WHEREAS, the property is zoned Commercial Core (CC); and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended approval of the application; and, WHEREAS, during a duly noticed public hearing on April 16, 2014, the Planning and Zoning Commission approved Resolution No. 10, Series of 2013, by a seven to zero (7 — 0) vote, approving one (1) Free -Market Residential Growth Management Allotments, one (1) Affordable Housing Growth Management Allotment, and 292 sq ft Commercial Growth Management Allotments, and recommending the Aspen City Council approve a Subdivision; and, WHEREAS, on July 8, 2013 the Aspen City Council approved Ordinance No. 26, Series 2013, on First Reading by a four to zero (4-0) vote, approving with conditions a subdivision of the Property; and, WHEREAS, during a public hearing on July 22, 2013, the Aspen City Council approved Ordinance No. 26, Series 2013, by a four to zero (4-0) vote, approving with conditions a subdivision of the Property; and, Ordinance No 26, Series 2013 Page 1 of 6 WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: . Section 1: Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council approves a Subdivision review allowing for the development of one (1) free-market residential unit, one (1) affordable housing unit, and 292 sq ft of commercial net leasable space at 534 E Cooper Ave, commonly known as the Boogies Building. Section 2: Plat and Agreement The Applicant shall record a Subdivision Improvement Agreement (SIA) and subdivision plat that meets the requirements of Land Use Code Chapter 26.480, Subdivision, within 180 days of Final HPC and Final Commercial Design approval. Once construction is nearly complete but prior to an issuance of Certificate of Occupancy, the developer shall file a condominium plat and associated documents for review and approval by the City Engineer and Community Development Director as outlined in Land Use Code Section 26.480.090, Condominiumization. Section 3: Dimensions & Zoning Requirements All dimensions shall meet the requirements of the Land Use Code in effect on March 30, 2012 (date of initial application). The free-market residential unit is approved at 2,307 square feet of net livable area, through the landing of a Historic Transferable Development Right (TDR). The approved floor plans, dated June 24, 2013, are attached as Exhibit A. Minor changes from these are permitted at building permit. Areas labeled as "roof' or "rooftop garden" are not permitted for use as a deck. The chimney shown in the approved plans is not approved. Ordinance No 26, Series 2013 Page 2 of 6 The project is subject to all conditions included in HPC Resolution 16, Series of 2012. The 2% required -off-site Public Amenity space may be satisfied through actual improvements approved by the Parks, Engineering, and Community Development Departments, or through a cash -in -lieu payment of $9,403.50, as originally recommended by HPC in Resolution 16, Series of 2012. Final HPC and Commercial Design Review is required. The Final HPC and Commercial Design Reviews shall address where any rooftop mechanical equipment is located. Section 4: Temporary Enclosure Removal Removal of the existing second floor deck enclosure shall be completed prior to and be a condition of the Subdivision Improvement Agreement (SIA) recordation. A building permit may not be applied for until the enclosure is removed, as verified by the Zoning Officer. Section 5: Parking The applicant shall pay a cash -in -lieu fee for the 0.292 parking spaces generated by the added commercial space in the development. Section 6: Engineering The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the Engineering Department. The Applicant shall be subject to the Urban Runoff Management Plan Requirements. A compliant drainage plan must be submitted with a building permit application. This includes detaining and providing water quality for the entire site. If the site chooses fee - in -lieu of detention (FIL), it can only be applied to existing impervious areas all new areas will need to discharge at historic rates. Any detention requirements covered under the FIL option must discharge directly to the City's stormwater infrastructure. As of March 13, 2013, the sidewalk was in acceptable condition and did not require replacement. The curb and gutter was damaged and should be replaced. Should the sidewalk, curb or gutter be damaged as a result of construction activities, it will be the property owner's responsibility to repair the damage as described in Title 21. Due to the proximity of the neighboring property, the City will require an excavation stabilization plan prior for any excavation. The plan should be submitted with the building permit submittal. The Construction Management Plan shall describe mitigation for: parking, staging/encroachments, and truck traffic. Section 7: Affordable Housing The one (1) on-site, one -bedroom affordable housing unit shall be deed restricted to Category 3 and is being used as mitigation for the development. The Certificate of Ordinance No 26, Series 2013 Page 3 of 6 Occupancy (CO) for the unit shall be issued prior to or at the same time as the proposed free-market unit. The affordable housing units shall be compliant with the Aspen/Pitkin County Housing Guidelines. Owner and APCHA stipulate and agree that, in accordance with C.R.S. 38-12-301(1)(a) and (b), this Deed Restriction constitutes a voluntary agreement and deed restriction to limit rent on the property subject hereto and to otherwise provide affordable housing stock. Owner waives any right it may have to claim that this Deed Restriction violates C.R.S. 38-12-301. More detailed information regarding the management and maintenance of the unit shall be provided to APCHA with the proposed deed restriction prior to CO. The owner shall have the right to rent the unit to tenants qualified under the APPCHA Guidelines. If the owner cannot provide a qualified tenant, the unit shall be rented through APCHA's normal advertising process. At no time shall the tenancy of the unit during a lease period be tied to continued employment by the owner. Tenant leases, however, may be terminated for cause or at the end of the lease period upon termination of employment. The tenant in the rental unit shall be required to be requalified by APCHA on a yearly basis. If the owner elects to sell the unit, or they are required to be sold due to noncompliance, owner shall condominiumize the unit and form a condominium association for the management and maintenance thereof. The affordable housing association shall be separate from the free-market residential unit's and commercial unit's association(s). In the event the rental unit is required to become ownership unit due to noncompliance, APCHA or the City may elect to purchase them for rental to qualified tenants in accordance with APCHA Guidelines. Section 8: Fire Mitigation All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Section 9: Utilities Due to a low roof (non -conforming with standards) above the existing transformer and non-conformance to Electrical codes, the existing transformer cannot be upsized in place. Most likely the transformers at Aspen Core/ Little Annies will not be able to be used by this developer as capacity is being reserved for those developments. Due to these constraints, a new transformer location may be the best option. The applicant shall work with the Utilities Department prior to submittal of building permit to determine a location for a new transformer that acceptable to the Utilities Department. Section 10: Sanitation District Requirements Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. ACSD will review the approved Ordinance No 26, Series 2013 Page 4 of 6 Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. Because a restaurant currently exists and is anticipated to remain, Oil and Grease interceptors (NOT traps) are required for all food processing establishment. Locations of food processing shall be identified prior to building permit. Section 11: Parks Landscaping in the public right of way will be subject to landscaping in the ROW requirements, Chapter 21.20. There shall be no plantings within the City ROW which are not approved by the City Parks Department and the Engineering Department. if a tree(s) is requested for removal, the applicant will be required to receive an approved tree removal permit per City Code 13.20, this includes impacts under the drip line of the tree. Parks is requiring that the tree permit be approved prior to approval of the demo and/or building permits. Parks will approve a final landscape plan during the review of the tree removal permit based on the landscape estimates. A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site and their represented drip lines. A formal plan indicating the location of the tree protection will be required for the building permit set. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site. This fence must be inspected by the city forester or his/her designee before any construction activities are to commence. Section 12: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 13: 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 14• If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Ordinance No 26, Series 2013 Page 5 of 6 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 8th day of July, 2013. ATTEST: Kathryn S. K , City Clerk FINALLY, adopted, passed and approved this '22 -day of 6 0 L 2013. f Stcven Skadron, Mayor ATTEST: APPROVED AS TO FORM: J2--ye- — Kathryn S. Ko c City Clerk ames R. True, City Attorney r Ordinance No 26, Series 2013 Page 6 of 6 •��, b� INf.'iW NinnH M1Y6^lb Nax4YJY'I. I,KI:AJ IOW (:t - opiinaya Zl s 2x13 _T=x h iloit A r 5 r t;iii c floa w 41 C '— (n •�;,r,�l y i 99 v71 F� MM W ,Kemp ✓�' Yi?T `ems a � � �s#rcwrnmry:�onn,raaaw �vaasrrx��as�.i m G �o Ei;i my 47> ttH� C7 Q \q c3q \ \� Iz a ' 2� rl §� MM i. ' S. tl Lill Nip c7 � §a ¢ ® } m� CD �»� ty �f�IN7:lID}:*iil itMlf�ds{d 1.V dnTtd�7C[S IrT�F11L�Rly n ��( Cle■,J G.r�,sga {{ 't;yl't`` .a a X25 LES o'T1 iv KIN, N co C-07 Y l,�tijUl F b m 'Ji �i RECEPTION#: 608769, 03/20/2014 at 08:47:26 AM, 1 OF 12, R $66.00 Doc Code a RESOLUTION Janice K. Vos Caudill, Pitkin County, A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) GRANTING MAJOR DEVELOPMENT (FINAL) AND FINAL COMMERCIAL DESIGN REVIEW APPROVAL FOR THE PROPERTY LOCATED AT 534 EAST COOPER STREET, LOTS R, S AND THE EASTERLY 2 1/2 FEET OF LOT Q, BLOCK 95, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO RESOLUTION # 91 SERIES OF 2014 PARCEL ID: 2737-182-24-008 WHEREAS, the applicant, Boogie's Building of Aspen, LLC, represented by Kim Weil of Poss Architecture + Planning, has requested HPC Major Development (Final) and Commercial Design Review (Final) approval for the property located at 534 Cooper Street, Lots R and S, and the Easterly 2 1/2 feet of Lot Q, Block 95, City and Townsite of Aspen, Colorado; and WHEREAS, the subject property is located within the Commercial Core Historic District; and WHEREAS, Section 26.415.070, Development involving designated historic property, of the Municipal Code states that "no building or structure shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or district until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review;" and WHEREAS, Final Major Development Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.D.4.b.2 and 3 of the Municipal Code and other applicable Code Sections, The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, for Final Commercial Design Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen Commercial, Lodging and Historic District Design Objectives and Guidelines per Section 26.412.040.A.5, Commercial Design Standards Review Procedure, of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, Sara Adams, in her staff report to HPC dated March 12, 2014 performed an analysis of the application based on the standards, found that the review standards had been met with conditions, and recommended approval with conditions; and WHEREAS, at their regular meeting on March 12, 2014, the Historic Preservation Commission considered the application during a duly noticed public hearing, the staff memo and public 534 East Cooper Avenue HPC Resolution # 9, Series of 2014 Page 1 of 3 comments, and found the proposal consistent with the review standards and recommended approval with conditions by a vote of 6 - 0. NOW, THEREFORE, BE IT RESOLVED: That HPC hereby grants HPC Major Development (Final), Final Commercial Design Standard Review, for the property located at 534 East Cooper Avenue, Lots R, S and the Easterly 2.1/2 feet of Lot Q, Block 95, City and Townsite of Aspen, Colorado, with the following conditions: 1. Staff and Monitor to review and approve samples of the materials including the finish of the metal panels and the sandstone color. The metal is not permitted to be shiny. 2. Staff and Monitor to review the proposed guardrail enclosures around the two mechanical equipment areas on the roof. The railing is to be the same around the two areas. The applicant shall mock up a louvered wall and a pipe railing for Staff and Monitor to review and determine which is appropriate. 3. The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3) years from the date of issuance of a development order. 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 Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in 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 this Title. 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: 534 Cooper Street, Lots R and S, and the Easterly 2 1/2 feet of Lot Q, Block 95, City and Townsite of Aspen, Colorado. Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. 534 East Cooper Avenue HPC Resolution # 9, Series of 2014 Page 2 of 3 The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. Jay Ma 'n, Chair Approved as to Form: Debbie Quinn, Assistant City Attorney ATTEST: Kathy Stric4land, Chief Deputy Clerk Exhibit A: approved plans and elevations 534 East Cooper Avenue HPC Resolution # 9, Series of 2014 Page 3 of 3 ivnMeaaa9nl s, xova�ari��uwuau«s ar�iemli«'.�'aiw?va �Ivxi 3 € 0- n 314 + = s3a''3 j o 0 _ U $ Z r us'�S IE CD 0.` ._ .. n OHM Nho-I A*" ivnMeaaa9nl s, xova�ari��uwuau«s ar�iemli«'.�'aiw?va �Ivxi Lu CD CD CN Ell COO) cn C4 k LIJ a,m oz =*NP� kyj mu .P -v cntmiuA-a la , - ,WZoV cr EE 55 Ell CD C) c--, E CD < MIN =*NP� kyj mu .P -v cntmiuA-a la , - ,WZoV < tt ah =*NP� kyj mu .P -v cntmiuA-a la , - ,WZoV . x5 .. d Y+ IFSIS =: _ a sag i+S� ea O S O c3coo i s § nv eF ®5 13, j ill o:7tli a n jwanaanaou9r�roenu•a�mimauNum><+aoniazn:�an+naiiv j M O I�aavumsmareffacau�s�v�ar��l�awuwu=c,�arnamzlaz?�em+�naw�a � ce s• Z LU i w UA =cma=-rill y M O I�aavumsmareffacau�s�v�ar��l�awuwu=c,�arnamzlaz?�em+�naw�a � ulooyenoae•�n�m OOV'dOl00 'N3dSV 1 /zse-a� V' It lzV9>trota Wwa�,i 2918'opelam7lwtl Yli WS'/Z 49�MH SA l060i'6998 saa Od ;ewiasal"'d Palms ug331 kv -Now A E< O 4 O �RaO�%46114 R.WaB •l w"m sauelinsuoo 6uueaul6u3 le1n4oall4ohi ONINNVId d01d002i § o o hHb'NIWII3�id g o¢- 1N3WdO13A3a3�tJ S310008 � ,, �. _ a _ ;: -• dab F J 5 z 0. Wl- - of 2O pp 1 I OFLL g0 I 1,' � 5 om W $� oz Zm o J %gwG - 2W�-I� 1 1 I 1 =F --- ia mai t [itiW o 0 ƒ •_____�____A�� CM � HFIRR ƒ •_____�____A�� M— -ONPA.- . -Ma m,*m z 0 ti OR z C-3 N CD M— -ONPA.- . -Ma m,*m z 0 ti OR z I b 25IDa DEVELOPMENT ORDER of the City of Aspen Community Development Department J This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26,304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code, This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date.of a three-year vested property right, The vested property right shall expire on the day after the third anniversary of the •effective date of this Order, unless a building permit is approved pursuant to Section 26,304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010, After Expiration of vested property rights, this Order shall remain in Rill force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Boogie's Building of Aspen LLC 534 East Cooper Ave., Aspen, CO 816 11 Property Oivner's Name, j1dailingAdilress 534E Cooker Ave, Lots R S and the easterly 2 % feet of Lot O Block 95 City and Townsite of Aspen, Colorado, Legal Description and Street Address of Subject Property Approval was granted for the expansion of the existing commercial space by 292 square feet the addition of a third floc' to house a now _free market residential unit and for an affordable housing unit on the second floor. Written Description of the Site Specific Plan andlor Attachment Describing Plan HPC granted a Certificate of Appropriateness for major development and Commercial Design Review (Resolution 16 Series of 2012 and Resolution 9 Series of 2014). The Planning and Zoning Commission granted Growth Management allotments for 1 flee market residential unit, I affordable housing unit, and 292 square feat of new commercial space (Resolution 10, Series of 2013). City Councilrg Anted Subdivision approval Ordinance 26, Series of 2013). Land Use Approval(.$) Received and Dates (Attach Final Ordinances or Resolutions) March 20, 2014 Effective Dale of Development Order (Smite as date of publication of notice of approval.) March 20 2017 Expiration Date of • Development Order (The extension, r•einstatentent, exemption •from expirallon and revocation may be pursued in accordance with Section 26305.010 of the City Of Aspect Municipal Code.) Issued this 171h clay of Mareh 2014, by the City of Aspen Commnnit y Development Director, Chris Bendo r ornnunrity Developme t Direct r RECEPTION#: 615172, 11/06/2014 at 09:10:41 AM, 1 OF 13, R $71.00 Janice K. Vos Caudill, Pitkin County, CO SUBDIVISION AGREEMENT THIS SUBDIVISION AGREEMENT (the "Subdivision Agreement") is made and entered into this & day of Ar N . , 2014, by and between THE CITY OF ASPEN, COLORADO, a municipal corporation (hereinafter referred to as "City"), and BOOGIE'S BUILDING OF ASPEN, LLC, a Colorado limited liability company (hereinafter referred to as "Owner"). WITNESSETH: WHEREAS, Owner submitted to the City Applications for Historic Preservation Commission Major Development and Commercial Design Review approval, Free Market Residential, Affordable Housing and Commercial Growth Management Quota System Allotments; and Subdivision Approval (collectively the "Application") for that certain property in the City of Aspen, Colorado more particularly described on Exhibit A attached hereto and made a part hereof by this reference (the "Property"), which Application requested approval to remodel and expand the existing building located on the Property to include one (1) free market residential unit, one (1) affordable housing unit, and 292 square feet of new commercial net leasable area (the "Project"); and WHEREAS, Section 26.480.070.A of Title 26, Land Use Regulations, of the Aspen Municipal Code, Owner and City are required to enter into a Subdivision Agreement binding the subdivision to any conditions placed on the approval thereof; and WHEREAS, the subdivision portion of the Application requires the approval, execution and recordation of a Final Plat of Boogie's Building of Aspen Subdivision; and WHEREAS, City has fully considered the Application, the Final Plat, the proposed development and improvement of the Property, and the effects of the proposed development and improvement of said Property on adjoining or neighboring properties and property owners and has approved same; and WHEREAS, City has imposed certain conditions and requirements in connection with its approval, execution and recordation of the Final Plat, such matters being necessary to protect, promote and enhance the public safety, health and welfare; and WHEREAS, Owner is willing to acknowledge, accept, abide by and faithfully perform the conditions and requirements imposed by City in approving the Application and the Final Plat; and WHEREAS, contemporaneously with the execution and recording of this Subdivision Agreement, City and Owner have executed and recorded the Final Plat in Plat Book�yr at Page 1 of 13 mmml EXHIBIT 3 RECEPTION#: 615172, 11/06/2014 at 09:10:41 AM, 2 OF 13, Janice K. Vos Caudill, Pitkin County, CO Page H3 as Reception N415 /7 3 in the Office of the Clerk and Recorder of Pitkin County, Colorado (the "Final Plat"). NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the approval, execution and acceptance of the Final Plat, and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, -the parties agree as follows: ARTICLE I PURPOSE OF SUBDIVISION AGREEMENT Purpose. The purpose of this Subdivision Agreement is to set forth the complete and comprehensive understanding and agreement of the parties hereto with respect to the remodeling and expansion of the Boogies Building (the "Boogies Building"), its existing affordable housing unit; the addition of a new free-market residential unit to the Building; and to enumerate all terms and conditions under which such activities may occur. ARTICLE H REGULATORY APPROVALS 2.1 Approval Actions. (a) Historic Preservation Commission Resolution No 16, (Series of 2012), approved July 11, 2012 and recorded July 26, 2012 as Reception No 590891 granted Conceptual Major Development and Conceptual Commercial Design Review Approval for the Project. (b) Planning and Zoning Commission Resolution No. 10, (Series of 2013) approved April 16, 2013 and recorded April 29, 2013 as Reception No. 599060 granted Free Market Residential, Affordable Housing, and Commercial Growth Management Allotments for the Project and recommended that the City Council grant Subdivision Approval for the Project. (c) City Council Ordinance No. 26, (Series of 2013), approved July 22, 2013 and recorded June 24, 2014 as Reception No. 611345 granted subdivision approval for the Project. (d) Historic Preservation Commission No. 9, (Series of 2014), approved March 12, 2014 and recorded March 20, 2014 as Reception No. 608769 granted Final Major Development and Commercial Design Review Approval for the Project. (e) The Development Order for the above described Approvals was issued by the Community Development Department on March 17, 2014, with an effective date of March 20, 2014. Page 2 of 13 RECEPTION#: 615172, 11/06/2014 at 09:10:41 AM, 3 OF 13, Janice K. Vos Caudill, Pitkin County, CO 2.2 Development Order Controls. The provisions of the above-described Approvals, including the Development Order, are incorporated herein and made a part of this Subdivision Agreement. In the event of any conflict between the above-described Approvals and the provisions of this Subdivision Agreement, the Approvals and the Development Order shall control. 2.3 Dimensional Requirements. (a) All dimensions shall meet the requirements of Land Use Regulations in effect on March 30, 2012, the date of the initial Conceptual Major Development and Conceptual Commercial Design Review Application. (b) The June 24, 2013 approved floor plans for the Project are as illustrated on Exhibit A to City Council Ordinance No. 26, (Series of 2013), a copy of which is attached hereto as Exhibit B. The approved rooftop mechanical equipment plan and building elevations and materials are depicted on Exhibit A to HPC Resolution No. 9, (Series of 2014), a copy of which is attached hereto as Exhibit C. (c) Minor changes to the approved floor plans shall be permitted at building permit application. Areas labeled as "roof' or "rooftop garden" thereon are not permitted for use as a deck. 2.4 Vested Riehts. Under Development Order of the City of Aspen Community Development Department issued March 17, 2014 with an effective date of March 20, 2014, (the "Development Order"), the right to undertake and complete the development and use of the Property pursuant to the terms and conditions of the site specific development plan for the Property is vested until March 20, 2017, and shall not be altered, impaired, prevented, diminished or delayed by any subsequent zoning or land use action that is prohibited by Section 24-68-105(1) of the Colorado Revised Statutes. In accordance with the requirements of CRS Section 24-68-103(b), a properly noticed public hearing concerning the establishment of such vested rights for the Property was conducted on March 12, 2014. As authorized by CRS Section 24-68-102(4)(a), City and Owner agree that the site specific plan for the Property consists of and includes, but is not limited to, the permitted size, and configuration of the Project's free-market residential unit, its affordable housing unit, and its commercial spaces, all matters set forth in the various Approvals referenced in Section 2.1 above; the Final Plat; this Subdivision Agreement; and all other documents and plans recorded concurrently herewith. For purposes of this Section 2.4, this Subdivision Agreement shall be considered a "development agreement" as that term is used in CRS Section 24-68-104(2). ARTICLE III DEVELOPMENT REQUIREMENTS AND RESTRICTIONS Page 3 of 13 RECEPTION#: 615172, 11/06/2014 at 09:10:41 AM, 4 OF 13, Janice K. Vos Caudill, Pitkin County, CO 3.1 The Components of the Proieet. The Project approved pursuant to the Approvals referenced in Section 2.1 above will include the following principal components: (a) A total of 292 square feet of new Commercial Net Leasable Area within the Boogies Building's basement, ground floor, and mezzanine level. (b) One (1) affordable housing unit containing approximately 700 square feet of net livable area on the Boogies Building's mezzanine level. (c) One (1) free market residential unit containing a maximum of 2,307 square feet of Net Livable Area within a new third -floor addition to the Boogies Building. Owner shall provide one (1) Certificate of Transferable Development Right at building permit issuance. 3.2. Affordable Housing Unit. (a) The on-site, one -bedroom affordable housing unit will be deed restricted to the Aspen/Pitkin County Housing Authority ("APCHA") Category 3 income and occupancy guidelines. A Certificate of Occupancy for the unit shall be issued prior to or at the same time as a Certificate of Occupancy is issued for the free-market unit. The unit shall comply with the Aspen/Pitkin County Housing Guidelines. (b) The unit shall be managed by Owner, or its successors and assigns. More detailed information regarding the management and maintenance of the unit shall be provided to APCHA with the proposed deed restriction and prior to issuance of a Certificate of Occupancy for the unit. (c) Owner and APCHA stipulate and agree that, in accordance with CRS Section 38-12-301(1)(a) and (b), the deed restriction constitutes a voluntary agreement and deed restriction to limit the rent on the unit and is to otherwise provide affordable housing stock. Owner waives any right it may have to claim that the deed restriction violates CRS Section 38- 12-301. (d) If the Owner elects to sell the unit, or if the unit is required to be sold because of noncompliance, Owner shall condominiumize the unit and shall form a condominium association for the management and maintenance thereof. The affordable housing association shall be separate from the free-market residential unit's and commercial unit's association(s). (e) The tenant in the rental unit shall be required to be requalified by APCHA on a yearly basis. Page 4 of 13 RECEPTION#: 615172, 11/06/2014 at 09:10:41 AM, 5 OF 13, Janice K. Vos Caudill, Pitkin County, CO (f) In the event the rental unit is required to become an ownership unit due to noncompliance, APCHA or the City may elect to purchase it for rental to qualified tenants in accordance with APCHA Guidelines. (g) The Owner shall have the right to rent the unit to tenants qualified under the APCHA Guidelines. If the Owner cannot provide a qualified tenant, the unit shall be rented through APCHA's normal advertising process. At no time shall the tenancy of the unit during a lease period be tied to continued employment by the Owner. Tenant leases, however, may be terminated for cause or at the end of the lease period upon termination of employment. 3.3. Parking. Owner shall pay a cash in lieu fee for 0.292 parking spaces generated by the Projects 292 square feet of additional commercial Net Leasable Area. The cash in lieu fee shall be calculated based on the applicable regulations in effect at building permit issuance. 3.4 Public Amenity. Owner shall make a cash and lieu payment at building permit issuance of $9,403.50 in lieu of the provision of Two percent (2°/U) of off-site Public Amenity Space. In the alternative, Owner may satisfy the Two percent (2%) off-site public amenity space requirement through actual improvements approved by the Parks, Engineering and Community Development Departments. In the event provided, any off-site public amenity improvements shall be completed prior to issuance of a Certificate of Occupancy. 3.5. Engineering Department Requirements. (a) The Project's design shall be compliant with all sections of Title 21 of the Aspen Municipal Code, and all construction and excavation standards published by the Engineering Department. (b) The Project shall be subject to the requirements of the City's Urban Runoff Management Plan. A compliant drainage plan shall be submitted with a building permit application. The plan shall include detention and provision of water quality for the entire Property. In the event Owner chooses to provide a fee in lieu ("FIL") of detention, it can only be applied to the Property's existing impervious areas. All new impervious area shall be discharged at historic rates. Any detention requirements covered under the FIL option shall discharge directly to the City's storm water infrastructure. (c) As of March 13, 2013 the existing sidewalk bordering the Property was in acceptable condition and did not require replacement. The existing curb and gutter was damaged and shall be replaced. Should the sidewalk, curb or gutter be damaged as a result of construction activities, Owner shall repair the damage as described in Title 21 of the Aspen Municipal Code. Page 5 of 13 RECEPTION#: 615172, 11/06/2014 at 09:10:41 AM, 6 OF 13, Janice K. Vos Caudill, Pitkin County, CO (d) Due to the proximity of neighboring properties, an excavation stabilization plan shall be submitted for review and approval by the Engineering Department prior to excavation and with the submittal of a building permit application. (e) The Construction Management Plan shall address mitigation for parking, staging/encroachments and truck traffic. 3.6. Utilities/Electrical, Due to the low, nonconforming roof located above the Boogies Building's existing electric transformer, and its nonconformance with the Electric Codes, it cannot be upsized in place. Owner shall work with the Utilities Department prior to submittal of a building permit application to determine an acceptable location for a new transformer. 3.7. Utilities/Sanitary Sewer. Services shall be contingent upon compliance with the Aspen Consolidated Sanitation District's ("ACSD") rules, regulations and specifications, which are on file at the District office. ACSD shall review the approved Drainage Plan to ensure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. In the event the building contains a restaurant, oil and grease interceptors (not traps) shall be required. The locations of all food processing shall be identified prior to building permit. 3.8. Fire Mitigation. All codes adopted by the Aspen Fire Protection District shall be met. This includes, but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503) and approved fire sprinkler and fire alarm systems (IFC, as amended, Sections 903 and 907). 3.9. Parks Department. (a) All landscaping in the public right-of-way shall be subject to the right-of- way landscaping requirements of Chapter 21.20 of the Aspen Municipal Code. All plantings within the City right-of-way shall be subject to City Parks and Engineering Department approval. (b) If a tree is requested for removal, the Owner will be required to receive an approved tree removal permit per Chapter 13.20 of the Aspen Municipal Code, this includes , impacts under the drip line of the tree. Parks is requiring that the tree permit be approved prior to approval of the demo and /or building permits. Parks will approve a final landscape plan during the review of the tree removal permit based on the landscape estimates. (c) A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on-site and their represented drip lines. A formal plan indicating the location of the tree protection will be required for the building permit set. No Page 6 of 13 RECEPTION#: 615172, 11/06/2014 at 09:10:41 AM, 7 OF 13, Janice K. Vos Caudill, Pitkin County, Co excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on the site. This fence must be inspected by the City forester or his/her designee before any construction activities are to commence. 3.10 Temporary Enclosure Removal. Removal of the existing second -floor deck enclosure shall be completed prior to recordation of this Subdivision Agreement. A building permit may not be applied for until the enclosure is removed, as verified by the Zoning Officer. 3.11. Historic Preservation Commission Staff and Monitor. (a) Prior to issuance of a building permit, the Historic Preservation Commission ("HPC") Staff and designated Monitor shall review and approve samples of the Project's building materials including the finish of the metal panels and the color of the sandstone. No shiny metal is permitted. (b) Prior to issuance of a building permit, the HPC Staff and Monitor shall review the proposed guard rail enclosures around the two proposed mechanical equipment areas on the Boogies Building's roof. The railing shall be the same around the two areas. Owner shall mock up a louvered wall and a pipe railing for Staff and Monitor to review and determine which is appropriate. 3.12. Condominium Map. Upon substantial completion of construction of the Project, and prior to issuance of a Certificate of Occupancy, Owner shall submit a Condominium Map and associated documents to the Community Development Department for review and approval by the City Engineer and the Community Development Director, which Map and documents shall comply with the requirements of Section 26.480.090 of the Land Use Regulations. 3.13. Financial and Site Protection Requirements A. Proof of Financing. Before the issuance of a building permit for the development of the property, and as a condition of such approval, the Owner shall provide to the City Building Department and the City Attorney for review and approval satisfactory evidence that the Owner has in place sufficient financing to accomplish and complete the construction related to the Building Permit being sought, including all private and public improvements covered by the Building Permit, and all public improvements required under the Development Order or Development Agreement; provided, if there is no loan with respect to development of the project, then owner shall provide a letter from a financial institution stating that the owner has funds available in an amount that covers the estimated cost of construction for the development. Such financing may include without limitation, a construction loan from an institutional lender or lenders and Page 7 of 13 RECEPTION#: 615172, 11/06/2014 at 09:10:41 AM, 8 OF 13, Janice K. Vos Caudill, Pitkin County, CO equity capital investments and/or donations from owner or third party investors or contributors. In addition, before issuance of a building permit for the project, owner shall provide supporting cost estimates for all improvements covered by the requested building permit prepared by owner's general contractor for review and approval by the City of Aspen Building Department. B. Site Protection Guarantee. Before the issuance of a building permit allowing an Owner to proceed with any phase of a project, and as a condition of such issuance, the owner will deposit with an acceptable Escrow Agent, or other financial security acceptable to the City Attorney, the sum of Twenty-five thousand dollars ($25,000.00) ("Escrow Funds') in the form of cash or wired funds pursuant to an Escrow Agreement made and entered into between the owner and the City, to secure recovery of the property and surrounding grounds to a safe condition in the event of a work stoppage, which shall provide as follows: i. In the event construction work on [the project] shall cease for sixty (60) days or longer (`work stoppage') prior to completion 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, surrounding grounds, and improvements from damage by the elements, from trespass by unauthorized persons, and for purposes of improving [the project] site and surrounding grounds to a safe condition such that it does not become an attractive nuisance or pose a threat to neighbors or other persons. ii. The City of Aspen shall be named a third party beneficiary of the Escrow Agreement with the express right and authority to enforce the terms of the Agreement. iii. The Escrow Funds or any remaining balance thereof shall be returned to Applicant upon substantial completion of the project to a "dried -in" condition. The Community Development Director may authorize partial releases, in increments of no less than 25% of the original surety, of the Site Protection Guarantee as portions of the project progress and public safety issues are reduced. C. Site Enhancement Guarantee. Before the issuance of a building permit allowing an Owner to proceed with any phase of a project, and as a condition of such issuance, the owner shall deposit with an acceptable Escrow Agent, or ocher financial security acceptable to the City Attorney, the sum of Twenty-five thousand dollars ($25,000.00) ("Escrow Funds") in the form of cash or wired funds pursuant to an Escrow Agreement made and entered into between the owner and the City, to secure recovery of the site and surrounding grounds to a visually acceptable condition and to install public improvements on or adjacent to the project site to a safe condition in the event of a work stoppage, which shall provide as follows: Page 8of13 RECEPTION#: 615172, 11/06/2014 at 09:10:41 AM, 9 OF 13, Janice K. Vos Caudill, Pitkin County, CO i. In the event construction work on [the project] shall cease for ninety (90) days or longer (`work stoppage') prior to a final inspection by the City of the work authorized by any permit or phase of permit for [the project], then the City in its discretion may draw upon the Escrow Funds from time to time as needed for purposes of improving the appearance of any construction already completed on or adjacent to the project site and for installing any public improvements on or adjacent to the project site. The City shall have sole discretion with respect to the manner of improving the appearance of construction work in progress as well as determining the public improvements to be installed. ii. The City of Aspen shall be named a third party beneficiary of the Escrow Agreement with the express right and authority to enforce the terms of the Agreement. iii. The Escrow Funds or any remaining balance thereof shall be returned to Applicant upon completion by the City of a final inspection or issuance of a Certificate of Occupancy for the project, or upon an earlier date as agreed to by the City. The Community Development Director may authorize partial releases, in increments of no less than 25% of the original surety, of the Site Enhancement Guarantee as portions of the project progress and aesthetic and public improvement issues are reduced. 3.14. Material Representations. All material representations and commitments made by Owner pursuant to the development proposal approvals as awarded, whether in public hearings or documentation presented before the Planning and Zoning Commission or the City Council, are hereby incorporated in such plan development approvals and shall be complied with as if fully set forth herein, unless amended by an authorized entity. ARTICLE IV NON-COMPLIANCE AND REQUESTS FOR AMENDMENTS OR EXTENSIONS In the event that the City determines that Owner is not acting in substantial compliance with the terms of this Subdivision Agreement, the City shall notify Owner in writing specifying the alleged non-compliance and asking that Owner remedy the alleged non-compliance within such reasonable time as the City may determine, but not less than 30 days. If the City determines that Owner has not complied within such time, the City may issue and serve upon Owner a written order specifying the alleged non-compliance and requiring Owner to remedy the same within thirty (30) days. Within thirty (30) days of the receipt of such order, Owner may file with the City Engineering Department either a notice advising the City that it is in compliance or a written request to determine any one or both of the following matters: (a) Whether the alleged non-compliance exists or did exist, or Page 9 of 13 RECEPTION#: 615172, 11/06/2014 at 09:10:41 AM, 10 OF 13, Janice K. Vos Caudill, Pitkin County, CO (b) Whether a variance, extension of time or amendment to this Subdivision Agreement should be granted with respect to any such non-compliance which is determined to exist. Upon the receipt of such request, the City shall promptly schedule a meeting of the parties to consider the matters set forth in the order of non-compliance. The meeting of the parties shall be convened and conducted pursuant to the procedures normally established by the City. If the City determines that a non-compliance exists which has not been remedied, it may issue such orders as may be appropriate, including the imposition of daily fines until such non- compliance has been remedied, the withholding of permits and/or certificates of occupancy, as applicable; provided, however, no order shall terminate any land use approval. The City may also grant such variances, extensions of time or amendments to this Subdivision Agreement as it may deem appropriate under the circumstances. The parties expressly acknowledge and agree that the City shall not unreasonably refuse to extend the time periods for performance hereunder if Owner demonstrates that the reasons for the delay(s) which necessitate said extension(s) result from acts of God or other events beyond the reasonable control of Owner, despite good faith efforts on its part to perform in a timely manner. ARTICLE V GENERAL PROVISIONS 5.1 The provisions hereof shall be binding upon and inure to the benefit of Owner and City and their respective successors and assigns. 5.2 This Subdivision Agreement shall be subject to and construed in accordance with the laws of the State of Colorado. 5.3 If any of the provisions of this Subdivision Agreement 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 Subdivision Agreement, and the application of any such provision, paragraph, sentence, clause, phrase, word, or section in any other circumstance shall not be affected thereby. 5.4 This Subdivision Agreement and the exhibits attached hereto 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 Subdivision Agreement or for an extension of one or more of the time Page 10 of 13 RECEPTION#: 615172, 11/06/2014 at 09:10:41 AM, 11 OF 13, Janice K. Vos Caudill, Pitkin County, CO periods required for performance hereunder. The City Council 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. 5.5 Numerical and title headings contained in this Subdivision Agreement 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. 5.6 Upon execution of this Subdivision Agreement by all parties hereto, City agrees to simultaneously approve and execute the Final Plat and to accept the same for recordation in the Office of the Clerk and Recorder of Pitkin County, Colorado, upon payment of the recordation fees by Owner. 5.7 Notices to be given to the parties to this Subdivision Agreement shall be considered to be given if hand delivered or if deposited in the Unites States Mail to the parties by certified mail, return receipt requested, or when sent via facsimile transmission, 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 of Aspen City Manager 130 South Galena Street Aspen, CO 81611 (Fax No. 970-920-5119) OWNER: Boogies Building of Aspen LLC Attn:Penny 534 E Cooper St Aspen, CO 81611 (Fax No. 970-920-1560) WITH COPY TO: Herbert S. Klein Klein Cote Edwards Citron, LLC 101 S. Mill St. Ste. 200 Aspen, CO 81611 (Fax: 970-925-3977) Page 11 of 13 RECEPTION#: 615172, 11/06/2014 at 09:10:41 AM, 12 OF 13, Janice K. Vos Caudill, Pitkin County, CO 5.8 This Subdivision Agreement 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. 5.9 The terms, conditions, provisions and obligations herein contained shall he deemed covenants that run with and burden the Property 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, their respective successors, grantees or assign. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. CITY OF PEN,ICO DO, Colorado municipal corporation By: Steve Skadron, Ma or Atte. 4 Z14e14 ICa Afy _,City Clerk APPROVED AS TO FORM: ames True, City Attorney BO*sephdw�ards, ING OF ASPEN, LLC, a Colorado limited liability company By� III, Special A ent Page 12 of 13 STATE OF ) )ss. COUNTY OF } The foregoing Inti ument was acknowledged before me this 6 f l -day of N oo e m �'v- 32014, by Steve Skadron as Mayor and as City Clerk of the City of Aspen, Colorado, a municipal corporation. Witness my hand and official seal. 0 ; Ivly commission expires: :Y. 1A wA1 5i Z.v l & STATE OF Colomd.o ) }ss. COUNTY OF P i t n ) Not P 'c The foregoing Instrument was acknowledged before me this a`ti+- day of 00b 1044' , 2014 by Joseph E. Edwards, III, as Special Agent of BOOGIE'S BUILDING OF ASPEN, LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: lolaq I aol � &&� ILORIMOSCHET NOTARY PUBLIC STATE OP COLOAADO MY Commission Expires 10/29/2015 Notary Public Page 13 of 13 FINAL PLAT OF BOOG,IE IJrL > FA IVT I A PARCEL OF LAND SITUATED IN THE NWY4 OF SECTION. 18, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.;M. CITY OF ASPEN,.000NTY OF PITKIN, STATE OF COLORADO SHEET 1 OF S THE PURPOSE OF THIS FINAL PLAT 15 TO MEMORIALIZE APPROVALS GRANTED BY THE CITY OF ASPEN L.S. #ILLEGIBLE \ (BENT) \ FOUND 1.2" BRASS DISK LS. #28643 CSSGb z Co LOT K CTL If FUND#5 LLO i i t RE AR AND 1 FOUND 1.2" BRASS DISK L.S. #28643- / FOUND#5 / I REBAR AND 1.25" BRASS CAP LS.#19598 BLO11< p6 INCTION S. GALE AST. IND E:OURANT �ItVE. LOT, LOT a lOT C LOT D LOT E I LOT F I LOT G I LOTH I LOT[ f LOTa CONTROL DETAIL MAP SCALE 1.2'= W CERTIFICATE.OF OWNERSHIP AND DEDICATION KNOW ALL MEN BY THESE PRESENTS, THAT BOOGIES BUILDING OF ASPEN, LLCA COLORADO LIMITED UABLITY COMPANY, BEING THE RECORD OWNER OF THE EASTERLY 212 FEET OF LOT Q', AND ALL OF LOTS R SS, BLOCK 96, CITY AND TOWNSITE OFASPEN,COUMY OF WTIGN, STATE OF COLORADO, DOES HERESY PLAT SAID REAL PROPERTY INTO THE BOOGIE'S BUILDING Of ASPEN SUBDIVISION, INCIDENT TO THE DEVELOPMENT THEREON OF A CONDOMINIUM PROJECT, AND DOES HEREBY DEDICATE TO THE APPROPRIATEUTLITY COMPANIES FOR THE NONEXCLUSIVE USE THEREOF ANY AND ALL PUBLIC UTILITY EASEMENTS THAT MAY BE SHOWN AND NOTED ON THE CONDOMINIUM EXEMPNON PLAT TO BE RECORDED UPON SUBSTANTIAL COMPLETION OF THE PROJECT. EXECUTED THIS27 DAYOF Uh 2014. BOOGI ILDING OFC,ACOLORADOiB9TED lWBNTYCOMIPANY I -E L-IL, SATETYECa,PANY BY Je36RoON fFBOEODGWIEA'S0.B0US0.D,INIIGCOF, ASPS6PEc1NA, LLLCA.GAECNOTO RADO OF COLORADO) - COUNTY OF POTION) THE FOREGOING INSTRUMENT WASACKNOWLED60 BEFORE ME THIS LINITAYOF Ot *bA*' 2014BYlEMIARDWEINGLASSASMANAGEROFB00G1ESBULDWGOFASPFA, LLC, A COLORADO UMRED LIABILITY COMPANY. By JOSEPH E EOWAR05,TA', IPC" A6CM7 MYYC�RMID AND LL ON Sf--AL BOILS-.LDR1•MDSCAET _ `NOTARY PUBLIC NOTAIRY PUBLIC STAT& OS COLOPADO L4yom.W.ErkeE.t 9M201# PLAT NOTES 1). BOOGIE'S BUILDING OF ASPEN SUBDNISIO4IN IEUECT TOTHE SUBDNISKN4AaREEMENT RECORDED ON THE 4P OAY OE NoyNm6 rzo141N B00K2,1'�ATPAGE_AND AS RECEPTION N0. /e1 S (77 OFTHE WTKCI COUNTY RC�ORDS. 2) BOOGIE'S BUILDING OF ASPEN SUBDIVISION IS SUBJECTTO THE FOLLOWNGAPPROVALACTIONS: a. HISTORIC PRESERVATION COMMISSION N0:16, SERIES X2012 b. PLANNING AND ZONING COMMISSION RESOLUTION 90. 10, SERIES OF 2013 D CITY COUNCIL ORDINANCE NO. 26, SERIES OF 2013 d, HISTORIC PRESERVATION COMMISSION NO. 9, BERES OF 2014 , THE DEVELOPMENT ORDER EFFECTIVE MARCH 2O,2014 NOBLE: ACCORPND TO COLORADO LAW YOU MUST COMMDiCE ANY LEGAL ACTION DOSED UPON ANY DEFECT W Tlfi$ SURVEY WiHIN 71tAEE YEARS AFTER lU(1 MST DI$C01ER SUCN DETECT. W t10 El£IIT MAY ANY ACTION DA$ED UPON ANY DEFECT W TMS 9RiYEY COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERDE1CAnON SHOWN X.M. THEN EING THE HOLDER OF LIENS ON THE HEREIND ROBED PROPERTY FURS TO DEE0.4 OFTRUST RECORDED AS RECEPTION NO. IN THE OFFICE OF THP PNDRECOROFAOFWI COUNTY, C ORADO, HEREBY CONSENTS AND APPROVES TRX ROOGIVS-BUILDING 01 ASPEN SUB ISION AND HEREBY SUBORDWATESTHE N OF SAID DEED OFTRUSTTI MATTERS SET F TH HEREIN. DATED THIS _DA F 2014. NAME ITS TITLE STATE OF COLORADO) ASS COUNTY_OFPMON) THE FOREGOING UMENTWASACKNOWLED BEFOREMETHIS_DAYOF 14 BY AS OF WITNE HAND AND OFFICIAL SEAL THE COMMUNITY DEVELOPMENT DEPARTMENT APPROVAL - THIS FINAL PLAT OF BOOGIES BUR -DING OF ASPEN SUBDNIB IN BY EC -OF AS COMMUN DEVELOPMENT DEPARTMENT ON THIS -t— DAY OF_ 2014. UNITY DEVELOPMENT DIRECTOR CITY ENGINEER'S CERTIFICATE THIS FINAL PIAT OF BOOGIE'S BUILDING OF ASPEN SUBDIVISION WAS REVIEWED FOR THE DEPICTION OF THE ENGINEER GDEPARTMENT SURVEY REQUIREMENTS. THIS DAY OF= & Q WITH RESPECT TO THE REMODELING AND EXPANSION OF THE BOOGIE'S BUILDING _.._ 30.095' _— FOUND 1.2" BRASS 01. 3,0' WITNESS CORN. L.S. #286 LOTQ FOUND 1.2- BRASS DISK L.S. 928643 BLOCK 85 ALLEY (28.20' R.O,W.) COOPER AVENUE (73,70' R.O.W.) FOUND 1.2°8RASS DISK LS.#28643 PROPOSED BUILDING FOOTPRINT GPS -5 (MARCIN 2009) - -- -- - -- -- 1) DATEOFSURVEY: MARCH942,2012 INTERSECTION OF S. GALENA ST. HYMAN AVENUE'1D E. HOPKINS AVE. — 3) BASIS OF BEARING: A BEARING OF S 14'50'49" W FROM THE NORTHEAST BOUNDARY CORNER OF BLOCK 95, MONUMENTED BY FOUND #5 REBAR 8 PLASTIC WITNESS GAP LS, — #28643 (t.0') AND THE THE NORTHEAST BOUNDARY CORNER OF BLOCK 96 MWNUMENTED BY A _ K FOUND 1,2" BRASS DISK \ZTO GRAPHIC SCALE F UND 1.2 S. #28643 _ T -FOUND 5 RE AR AID 1.25" QAP _— I — \TSs I FOUND#5 REBAR AND 1.25'CAP 1.0' WITNESS CORNER L.S. 028543 MARCIN ENGINEERING LLC. WITH A REVISED DATE OF MAY 7, 2010, THE CONDOMINIUM MNP OF .01 V/11 ESS C.R'I LS.4128�43 III I LS.#2376 I ND 1.2'18RA5S .0% WITH DISK SCOR ER ! \ d (11)1 I ' I j :OUND 112°BRAS LI#8643 DISK w Y 1 LOT A LOT B LOT C LOT D L.S. #28 LOT E g LOT F LOT G LA\ LOT 1 I LOT B i FOUN 1.2' BRASS LS DISK #2 /� / I i / FOUND #S Nw R AND 1,25" CAP ! i L.S. #ILLEGIBLE \ (BENT) \ FOUND 1.2" BRASS DISK LS. #28643 CSSGb z Co LOT K CTL If FUND#5 LLO i i t RE AR AND 1 FOUND 1.2" BRASS DISK L.S. #28643- / FOUND#5 / I REBAR AND 1.25" BRASS CAP LS.#19598 BLO11< p6 INCTION S. GALE AST. IND E:OURANT �ItVE. LOT, LOT a lOT C LOT D LOT E I LOT F I LOT G I LOTH I LOT[ f LOTa CONTROL DETAIL MAP SCALE 1.2'= W CERTIFICATE.OF OWNERSHIP AND DEDICATION KNOW ALL MEN BY THESE PRESENTS, THAT BOOGIES BUILDING OF ASPEN, LLCA COLORADO LIMITED UABLITY COMPANY, BEING THE RECORD OWNER OF THE EASTERLY 212 FEET OF LOT Q', AND ALL OF LOTS R SS, BLOCK 96, CITY AND TOWNSITE OFASPEN,COUMY OF WTIGN, STATE OF COLORADO, DOES HERESY PLAT SAID REAL PROPERTY INTO THE BOOGIE'S BUILDING Of ASPEN SUBDIVISION, INCIDENT TO THE DEVELOPMENT THEREON OF A CONDOMINIUM PROJECT, AND DOES HEREBY DEDICATE TO THE APPROPRIATEUTLITY COMPANIES FOR THE NONEXCLUSIVE USE THEREOF ANY AND ALL PUBLIC UTILITY EASEMENTS THAT MAY BE SHOWN AND NOTED ON THE CONDOMINIUM EXEMPNON PLAT TO BE RECORDED UPON SUBSTANTIAL COMPLETION OF THE PROJECT. EXECUTED THIS27 DAYOF Uh 2014. BOOGI ILDING OFC,ACOLORADOiB9TED lWBNTYCOMIPANY I -E L-IL, SATETYECa,PANY BY Je36RoON fFBOEODGWIEA'S0.B0US0.D,INIIGCOF, ASPS6PEc1NA, LLLCA.GAECNOTO RADO OF COLORADO) - COUNTY OF POTION) THE FOREGOING INSTRUMENT WASACKNOWLED60 BEFORE ME THIS LINITAYOF Ot *bA*' 2014BYlEMIARDWEINGLASSASMANAGEROFB00G1ESBULDWGOFASPFA, LLC, A COLORADO UMRED LIABILITY COMPANY. By JOSEPH E EOWAR05,TA', IPC" A6CM7 MYYC�RMID AND LL ON Sf--AL BOILS-.LDR1•MDSCAET _ `NOTARY PUBLIC NOTAIRY PUBLIC STAT& OS COLOPADO L4yom.W.ErkeE.t 9M201# PLAT NOTES 1). BOOGIE'S BUILDING OF ASPEN SUBDNISIO4IN IEUECT TOTHE SUBDNISKN4AaREEMENT RECORDED ON THE 4P OAY OE NoyNm6 rzo141N B00K2,1'�ATPAGE_AND AS RECEPTION N0. /e1 S (77 OFTHE WTKCI COUNTY RC�ORDS. 2) BOOGIE'S BUILDING OF ASPEN SUBDIVISION IS SUBJECTTO THE FOLLOWNGAPPROVALACTIONS: a. HISTORIC PRESERVATION COMMISSION N0:16, SERIES X2012 b. PLANNING AND ZONING COMMISSION RESOLUTION 90. 10, SERIES OF 2013 D CITY COUNCIL ORDINANCE NO. 26, SERIES OF 2013 d, HISTORIC PRESERVATION COMMISSION NO. 9, BERES OF 2014 , THE DEVELOPMENT ORDER EFFECTIVE MARCH 2O,2014 NOBLE: ACCORPND TO COLORADO LAW YOU MUST COMMDiCE ANY LEGAL ACTION DOSED UPON ANY DEFECT W Tlfi$ SURVEY WiHIN 71tAEE YEARS AFTER lU(1 MST DI$C01ER SUCN DETECT. W t10 El£IIT MAY ANY ACTION DA$ED UPON ANY DEFECT W TMS 9RiYEY COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERDE1CAnON SHOWN X.M. THEN EING THE HOLDER OF LIENS ON THE HEREIND ROBED PROPERTY FURS TO DEE0.4 OFTRUST RECORDED AS RECEPTION NO. IN THE OFFICE OF THP PNDRECOROFAOFWI COUNTY, C ORADO, HEREBY CONSENTS AND APPROVES TRX ROOGIVS-BUILDING 01 ASPEN SUB ISION AND HEREBY SUBORDWATESTHE N OF SAID DEED OFTRUSTTI MATTERS SET F TH HEREIN. DATED THIS _DA F 2014. NAME ITS TITLE STATE OF COLORADO) ASS COUNTY_OFPMON) THE FOREGOING UMENTWASACKNOWLED BEFOREMETHIS_DAYOF 14 BY AS OF WITNE HAND AND OFFICIAL SEAL THE COMMUNITY DEVELOPMENT DEPARTMENT APPROVAL - THIS FINAL PLAT OF BOOGIES BUR -DING OF ASPEN SUBDNIB IN BY EC -OF AS COMMUN DEVELOPMENT DEPARTMENT ON THIS -t— DAY OF_ 2014. UNITY DEVELOPMENT DIRECTOR CITY ENGINEER'S CERTIFICATE THIS FINAL PIAT OF BOOGIE'S BUILDING OF ASPEN SUBDIVISION WAS REVIEWED FOR THE DEPICTION OF THE ENGINEER GDEPARTMENT SURVEY REQUIREMENTS. THIS DAY OF= & Q WITH RESPECT TO THE REMODELING AND EXPANSION OF THE BOOGIE'S BUILDING _.._ 30.095' _— FOUND 1.2" BRASS 01. 3,0' WITNESS CORN. L.S. #286 LOTQ FOUND 1.2- BRASS DISK L.S. 928643 BLOCK 85 ALLEY (28.20' R.O,W.) COOPER AVENUE (73,70' R.O.W.) FOUND 1.2°8RASS DISK LS.#28643 PROPOSED BUILDING FOOTPRINT FOUN 4BAR(BEN�) #3 1) DATEOFSURVEY: MARCH942,2012 2) DATE OF PREPARATION:,MNE,ILA.Y 2014 — 3) BASIS OF BEARING: A BEARING OF S 14'50'49" W FROM THE NORTHEAST BOUNDARY CORNER OF BLOCK 95, MONUMENTED BY FOUND #5 REBAR 8 PLASTIC WITNESS GAP LS, — #28643 (t.0') AND THE THE NORTHEAST BOUNDARY CORNER OF BLOCK 96 MWNUMENTED BY A _ K OLOCK 95 ALLEY GRAPHIC SCALE F UND 1.2 BRASS SK , 1202W,'THE CITY OF ASPEN GPS CONTROL MONUM£NTATION 2009 SURVEY PREPARED BY MARCIN ENGINEERING LLC. WITH A REVISED DATE OF MAY 7, 2010, THE CONDOMINIUM MNP OF .01 V/11 ESS C.R'I LS.4128�43 . LOTS i LOT I LOT LOT I LOT i LOT I LOT LOT Q, FOUND 1.2" 8RA5� DISK 1.0' WITNESS COHNER L.S. #28043 I (11)1 I ' I j :OUND 112°BRAS LI#8643 DISK w Y FOUND PK NAIL — AND SHINER FOUND 1.2" BRASS DISK LS. #24302 LS. #28643 .. 6)THE SUBJECT PROPERTY DEED AND THE ADJOINING ASPENHOF CON"NIUMMAP COOPERAVENUE L.S. #ILLEGIBLE \ (BENT) \ FOUND 1.2" BRASS DISK LS. #28643 CSSGb z Co LOT K CTL If FUND#5 LLO i i t RE AR AND 1 FOUND 1.2" BRASS DISK L.S. #28643- / FOUND#5 / I REBAR AND 1.25" BRASS CAP LS.#19598 BLO11< p6 INCTION S. GALE AST. IND E:OURANT �ItVE. LOT, LOT a lOT C LOT D LOT E I LOT F I LOT G I LOTH I LOT[ f LOTa CONTROL DETAIL MAP SCALE 1.2'= W CERTIFICATE.OF OWNERSHIP AND DEDICATION KNOW ALL MEN BY THESE PRESENTS, THAT BOOGIES BUILDING OF ASPEN, LLCA COLORADO LIMITED UABLITY COMPANY, BEING THE RECORD OWNER OF THE EASTERLY 212 FEET OF LOT Q', AND ALL OF LOTS R SS, BLOCK 96, CITY AND TOWNSITE OFASPEN,COUMY OF WTIGN, STATE OF COLORADO, DOES HERESY PLAT SAID REAL PROPERTY INTO THE BOOGIE'S BUILDING Of ASPEN SUBDIVISION, INCIDENT TO THE DEVELOPMENT THEREON OF A CONDOMINIUM PROJECT, AND DOES HEREBY DEDICATE TO THE APPROPRIATEUTLITY COMPANIES FOR THE NONEXCLUSIVE USE THEREOF ANY AND ALL PUBLIC UTILITY EASEMENTS THAT MAY BE SHOWN AND NOTED ON THE CONDOMINIUM EXEMPNON PLAT TO BE RECORDED UPON SUBSTANTIAL COMPLETION OF THE PROJECT. EXECUTED THIS27 DAYOF Uh 2014. BOOGI ILDING OFC,ACOLORADOiB9TED lWBNTYCOMIPANY I -E L-IL, SATETYECa,PANY BY Je36RoON fFBOEODGWIEA'S0.B0US0.D,INIIGCOF, ASPS6PEc1NA, LLLCA.GAECNOTO RADO OF COLORADO) - COUNTY OF POTION) THE FOREGOING INSTRUMENT WASACKNOWLED60 BEFORE ME THIS LINITAYOF Ot *bA*' 2014BYlEMIARDWEINGLASSASMANAGEROFB00G1ESBULDWGOFASPFA, LLC, A COLORADO UMRED LIABILITY COMPANY. By JOSEPH E EOWAR05,TA', IPC" A6CM7 MYYC�RMID AND LL ON Sf--AL BOILS-.LDR1•MDSCAET _ `NOTARY PUBLIC NOTAIRY PUBLIC STAT& OS COLOPADO L4yom.W.ErkeE.t 9M201# PLAT NOTES 1). BOOGIE'S BUILDING OF ASPEN SUBDNISIO4IN IEUECT TOTHE SUBDNISKN4AaREEMENT RECORDED ON THE 4P OAY OE NoyNm6 rzo141N B00K2,1'�ATPAGE_AND AS RECEPTION N0. /e1 S (77 OFTHE WTKCI COUNTY RC�ORDS. 2) BOOGIE'S BUILDING OF ASPEN SUBDIVISION IS SUBJECTTO THE FOLLOWNGAPPROVALACTIONS: a. HISTORIC PRESERVATION COMMISSION N0:16, SERIES X2012 b. PLANNING AND ZONING COMMISSION RESOLUTION 90. 10, SERIES OF 2013 D CITY COUNCIL ORDINANCE NO. 26, SERIES OF 2013 d, HISTORIC PRESERVATION COMMISSION NO. 9, BERES OF 2014 , THE DEVELOPMENT ORDER EFFECTIVE MARCH 2O,2014 NOBLE: ACCORPND TO COLORADO LAW YOU MUST COMMDiCE ANY LEGAL ACTION DOSED UPON ANY DEFECT W Tlfi$ SURVEY WiHIN 71tAEE YEARS AFTER lU(1 MST DI$C01ER SUCN DETECT. W t10 El£IIT MAY ANY ACTION DA$ED UPON ANY DEFECT W TMS 9RiYEY COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERDE1CAnON SHOWN X.M. THEN EING THE HOLDER OF LIENS ON THE HEREIND ROBED PROPERTY FURS TO DEE0.4 OFTRUST RECORDED AS RECEPTION NO. IN THE OFFICE OF THP PNDRECOROFAOFWI COUNTY, C ORADO, HEREBY CONSENTS AND APPROVES TRX ROOGIVS-BUILDING 01 ASPEN SUB ISION AND HEREBY SUBORDWATESTHE N OF SAID DEED OFTRUSTTI MATTERS SET F TH HEREIN. DATED THIS _DA F 2014. NAME ITS TITLE STATE OF COLORADO) ASS COUNTY_OFPMON) THE FOREGOING UMENTWASACKNOWLED BEFOREMETHIS_DAYOF 14 BY AS OF WITNE HAND AND OFFICIAL SEAL THE COMMUNITY DEVELOPMENT DEPARTMENT APPROVAL - THIS FINAL PLAT OF BOOGIES BUR -DING OF ASPEN SUBDNIB IN BY EC -OF AS COMMUN DEVELOPMENT DEPARTMENT ON THIS -t— DAY OF_ 2014. UNITY DEVELOPMENT DIRECTOR CITY ENGINEER'S CERTIFICATE THIS FINAL PIAT OF BOOGIE'S BUILDING OF ASPEN SUBDIVISION WAS REVIEWED FOR THE DEPICTION OF THE ENGINEER GDEPARTMENT SURVEY REQUIREMENTS. THIS DAY OF= & Q WITH RESPECT TO THE REMODELING AND EXPANSION OF THE BOOGIE'S BUILDING _.._ 30.095' _— FOUND 1.2" BRASS 01. 3,0' WITNESS CORN. L.S. #286 LOTQ FOUND 1.2- BRASS DISK L.S. 928643 BLOCK 85 ALLEY (28.20' R.O,W.) COOPER AVENUE (73,70' R.O.W.) FOUND 1.2°8RASS DISK LS.#28643 PROPOSED BUILDING FOOTPRINT SOPRIS ENGINEERING -.LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970)704.0311 SURVEYNOTE$ 1) DATEOFSURVEY: MARCH942,2012 2) DATE OF PREPARATION:,MNE,ILA.Y 2014 3) BASIS OF BEARING: A BEARING OF S 14'50'49" W FROM THE NORTHEAST BOUNDARY CORNER OF BLOCK 95, MONUMENTED BY FOUND #5 REBAR 8 PLASTIC WITNESS GAP LS, #28643 (t.0') AND THE THE NORTHEAST BOUNDARY CORNER OF BLOCK 96 MWNUMENTED BY A FOUND 11' BRASS DISK L.S. #19598, AS SHOWN ON THE CONTROL MAP. GRAPHIC SCALE F � 4) BASISOFSURVEY: THE CITY OFASPENOFFIGALMAP PREPARED BYG.E. BUCHANAN DATED Lo o Lo m w 1202W,'THE CITY OF ASPEN GPS CONTROL MONUM£NTATION 2009 SURVEY PREPARED BY MARCIN ENGINEERING LLC. WITH A REVISED DATE OF MAY 7, 2010, THE CONDOMINIUM MNP OF ASPEN HOF CONDOMINIUMS, AS AMENDED, VARXW OCUMENTS OF RECORD; AND THEFWND (IN FEET) MONUMENTSAS NOTED. SInch = 10 R. RAY. 5) THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BYSOPRIS ENGINEERING LLCISE) TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD. FOR ALL INFORMATION REGARDING EASEMENTS, RIGHTS OFWAY ANDIOR TITLE OF RECORD, BE RELIED UPON THE ABOVE SAID w Y PIATSMAPS DESCRIBED IN NOTE 4, AND THE TITLE COM TTMPNT PREPARED BYSTEWARTTILE GUARANTEE COMPANY -ASPEN FILE N0- FBI 330-4701 WITH AN EFFECTIVE DATE OF FEIMARYA, c 2012 1 6)THE SUBJECT PROPERTY DEED AND THE ADJOINING ASPENHOF CON"NIUMMAP OVERLAP BY0.65'. SOPRIS ENGINEERING -.LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970)704.0311 N MAP TITLE COMPANY CERTIFICATE - STEWARTTITLEOF ASPEN, INC. HERESY CERTIFIES THAT BOOGIES BUILDING OF ASPEN, LLC, A 90LORADOLIMITED LIABILITY COMPANY IS THE RECORD OWNER OF THE HEREIN DESCRiBED PROPERTY, IN FEES#APLE, FREEAND CLEAR OF ALL UENS AND ENCUMBRANCES EXCEPT: A/0.0 IF STEWART TITLE OF ASPEN, INC. BY -Aj.EA+.^' 1� K I[T B�+BI'tE130TPi1 TIr�E 0 iTevy , . NAME TITLE STATE OF COLORADO) )SS COUNTY OF PITKIN) �EF GO G IITRUMENTW CKNOWL EDGEDBEFOREMETHIS9DAY 2014BY AS a teR. OF STEWART TITLE OFASPEN,INC. WITH Tf�.. Mrc 5AR �1DP�jreses.2016 CITY COUNCIL APPROVAL THIS F#4AL LAT 8 IM11 0 ASPEN SUBDIVISION WASAPPRO MIIYTHECITYCOUNCLOFTHECTY OF AB IS Y 201 PURSUANTTOGRD(NPNCENO.26-2013. BY STEVE SI ORO , M YON A�CITY OFA . CLERK SURVEYOR'S CERTIFICATE I, MARK S. SEC KLfR, R6G)$YEREO LAND SURVEYOR HEREBY CERTIFYTHAT IN MARCH 2012 ASURVEY OF THE HEREIN DESCRIBED PROPERTY WAS PERfORMffD UNDER MY SIPERVISIONAND DIRECTION, IN ACCORDANCE WITH COLORADO REVISEDBTATUTES 1973, TIRE 38, ARTICLE 61, A$ AMENDED FROM TIME TO TIME AND THAT THIS $UBDMSKN! PLAT ACCURATELY AND SUBSTANTIALLY DEPICTS $0 SURVEY, THEOONTROL SURVEY PRECISION IS GREATER THAN V16,000. RECORDED EASEMENTS, RIGHTSOF-WAY AND RESTR)CTIONSARE THOSE SET FORTH IN SECTION 2 OF SCHLDULE B OF ITMENT ISSUED BY STEWART TITLE OFASPEN, INC. UNDER FILE NO. 01330-47jg D MARK OMER, P S......N,� . SEAL). DATE OPAL LPNO �O`-�RA� CLERK AND RECORDER'S ACCEPTANCE THIS FINAL PUT OF SOOGIM BUILDING OF ASPEN SUBDMSIa0Nj S ACCEPTED FOR FLING IN THE OFFICE OF THE CLERK AND RECORDER OF PINION COUNTY, COLORADO THIS JQ DAY h/A)/L�deM 41N PLAT BOOKLOT PAGE AS RECEPTION NO. ,(y(.$L-J,3 RECEPTION#: 615173,1110 612 01 4 at PIMIN COUNTY CLERKAN De'� ll 1 09:10:42 AM,1 OF 1, R $11.00 Janice K. I U T\M V08 Caudill, Pitkin County, CO I PLAT BK 108 PG 49 I F � .W1; P. RAY. w Y t rq 4 *h1.._.M c ,t' 1 .. t.�;1'+7ifi.'�91• . 'T�».�.�r e N MAP TITLE COMPANY CERTIFICATE - STEWARTTITLEOF ASPEN, INC. HERESY CERTIFIES THAT BOOGIES BUILDING OF ASPEN, LLC, A 90LORADOLIMITED LIABILITY COMPANY IS THE RECORD OWNER OF THE HEREIN DESCRiBED PROPERTY, IN FEES#APLE, FREEAND CLEAR OF ALL UENS AND ENCUMBRANCES EXCEPT: A/0.0 IF STEWART TITLE OF ASPEN, INC. BY -Aj.EA+.^' 1� K I[T B�+BI'tE130TPi1 TIr�E 0 iTevy , . NAME TITLE STATE OF COLORADO) )SS COUNTY OF PITKIN) �EF GO G IITRUMENTW CKNOWL EDGEDBEFOREMETHIS9DAY 2014BY AS a teR. OF STEWART TITLE OFASPEN,INC. WITH Tf�.. Mrc 5AR �1DP�jreses.2016 CITY COUNCIL APPROVAL THIS F#4AL LAT 8 IM11 0 ASPEN SUBDIVISION WASAPPRO MIIYTHECITYCOUNCLOFTHECTY OF AB IS Y 201 PURSUANTTOGRD(NPNCENO.26-2013. BY STEVE SI ORO , M YON A�CITY OFA . CLERK SURVEYOR'S CERTIFICATE I, MARK S. SEC KLfR, R6G)$YEREO LAND SURVEYOR HEREBY CERTIFYTHAT IN MARCH 2012 ASURVEY OF THE HEREIN DESCRIBED PROPERTY WAS PERfORMffD UNDER MY SIPERVISIONAND DIRECTION, IN ACCORDANCE WITH COLORADO REVISEDBTATUTES 1973, TIRE 38, ARTICLE 61, A$ AMENDED FROM TIME TO TIME AND THAT THIS $UBDMSKN! PLAT ACCURATELY AND SUBSTANTIALLY DEPICTS $0 SURVEY, THEOONTROL SURVEY PRECISION IS GREATER THAN V16,000. RECORDED EASEMENTS, RIGHTSOF-WAY AND RESTR)CTIONSARE THOSE SET FORTH IN SECTION 2 OF SCHLDULE B OF ITMENT ISSUED BY STEWART TITLE OFASPEN, INC. UNDER FILE NO. 01330-47jg D MARK OMER, P S......N,� . SEAL). DATE OPAL LPNO �O`-�RA� CLERK AND RECORDER'S ACCEPTANCE THIS FINAL PUT OF SOOGIM BUILDING OF ASPEN SUBDMSIa0Nj S ACCEPTED FOR FLING IN THE OFFICE OF THE CLERK AND RECORDER OF PINION COUNTY, COLORADO THIS JQ DAY h/A)/L�deM 41N PLAT BOOKLOT PAGE AS RECEPTION NO. ,(y(.$L-J,3 RECEPTION#: 615173,1110 612 01 4 at PIMIN COUNTY CLERKAN De'� ll 1 09:10:42 AM,1 OF 1, R $11.00 Janice K. I U T\M V08 Caudill, Pitkin County, CO I PLAT BK 108 PG 49 I CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Sara Adams, 429-2778 PROJECT: Boogie's 534 E Cooper St REPRESENTATIVE: Sunny Vann, Vann Associates REQUEST: Remodel and expansion of commercial DESCRIPTION: DATE: March 23, 2015 updated 9/1/15 The potential applicant is interested in significantly remodeling the existing building at 534 E Cooper, commonly known as the Boogie's building. The building is located on the north side of the street and currently includes an affordable housing unit as well as commercial space. The applicant proposes to remove the voluntary deed restricted housing unit and to expand the commercial space on site. There is an existing approval for three story building and a free-market residential unit that would be vacated as part of this new application. The property is located within the Commercial Core Historic District (CC) and as such is subject to Commercial Design Standard Review (including public amenity, trash/utility/delivery service provision, and design guidelines) and Major Development Review by the Historic Preservation Commission (HPC). Pursuant to the CC zone district, buildings with the proposed use mix and on the north side of the street are limited to two stories in height at a maximum height of 28 feet for commercial uses. Design Review is a two-step process, requiring conceptual and final review by HPC. It appears that there is currently less than 10% public amenity on the site. As such, the code requires the applicant to provide 10% public amenity onsite. Offsite public amenity and cash -in -lieu may be approved by HPC. Public amenity is reviewed as part of Conceptual Commercial Design Review. Any additional commercial net leasable area is required to meet parking requirements — either provide 1 space/1,000 square feet of net leasable area or pay cash in lieu for the parking spaces at $30,000/space. The affordable housing component does not require parking. Growth Management reviews for the additional commercial space will be required. Any housing mitigation requirements that result from the expanded commercial can be accommodated onsite, offsite or through Affordable Housing Credits. Cash -in -lieu is permitted by right if less than 1 FTE is generated — if more than 1 FTE is generated, the cash -in -lieu can only be approved by City Council. If the existing housing unit is demolished, multi -family replacement requirements will be triggered. The applicant requests that Council conduct Growth Management review and that Council remove the deed restriction (reception # 381336) for the voluntary unit pursuant to Condition #8 of the deed restriction without requiring multi -family replacement. Impact fees are triggered by the addition of floor area and new let leasable commercial space. These fees are calculated at the time of building permit issuance. All the associated reviews may be consolidated at HPC or at City Council, pursuant to Section 26.304.030(D). The application will be subject to Council call-up for the Commercial Design Review. ASLU HPC Major, Commercial Design Review 534 E Cooper, Boogie's 2737-182-24-008 1 The property currently has a vested approval to construct a three (3) story building with a new free-market unit. The applicant will be required to vacate that project and all associated development rights should this proposal be approved by HPC, Vacation of the plat shall be reviewed and approved by City Council. Step 1: HPC — 1) Conceptual Major Development Review 2) Conceptual Commercial Design Review Step 2: City Council — 1) Plat and SIA vacation 2) GMQS 3) Removal of deed restriction (reception # 381336) Step 3: HPC — 1) Final Major Development Review 2) Final Commercial Design Review Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use App: http://www.aspenpitkin.com/Portland %20use%o20a�pp%26form. df Land Use Code: http:llwww,as en itkin,comODe artments/Communit ®Deveiopment/Plannin nd-ZoningJitle-26®Land -Use®Code/ Land Use Code Sections 26.304 Common Development Review Procedures 26.304.035 Neighborhood Outreach 26.304.060.8.1 Combined Reviews 26.412 Commercial Design Review 26.415.070 Certificate of Appropriateness for major development 26.470 Growth Management Quota System 26.470.050 General Requirements 26.470.060 Minor expansion of commercial development (if less than 250 sq. ft. floor area & less than 500 sq ft net leasable) 26.470.070.4 Development of Affordable Housing 26.470.070.5 Demolition or redevelopment of multi -family housing (if applicable) 26.470.070.6 Major Planning and Zoning application (if more than 250 sq. ft. floor area & more than 500 sq ft net leasable) 26.480.090.E Subdivision Amendment — plat vacation 26.515 Parking 26.575.020 Calculations and Measurements 26.575.030 Public Amenity 26.610 Impact Fees 26.630 Transportation Impact Analysis Guidelines 26.710.140 Commercial Core (CC) 2 Review by: Staff for complete application Referral Agencies for compliance with applicable requirements — Engineering, Environmental Health, Parks, APCHA HPC and City Council Public Hearing: Yes, with HPC and City Council Neighborhood Outreach: Yes, prior to first public hearing at HPC. Planning Fees: Planning Deposit — HPC Major Development ($1,950 for 6 hours) Referral Fees: Engineering - $275 deposit APCHA, Parks, Environmental Health - $975 flat fee each Total Deposit: $5,150 (additional planning hours over deposit amount are billed at a rate of $325/hour; additional engineering hours over deposit are billed at a rate of $275/hour) To apply, submit the following information: ❑ Completed Land Use Application and signed fee agreement. ❑ Pre -application Conference Summary (this document). ❑ Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. ❑ Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. ❑ HOA Compliance form (Attached) ❑ Documentation showing the proposal meets all Transportation Mitigation Requirements as outlined in the City's Transportation Impact Analysis Guidelines and Mitigation Tool, available online at: hIff://www,aspenpitkin.com/Departments/Communiti-Develo men UPI annin -and®Zonin /Recent -Code - Amendments/. A copy of the tool showing trips generated and the chosen mitigation measures should be included with the application. ❑ A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. ❑ A site improvement survey (no older than a year from submittal) including topography and vegetation showing the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado. ❑ Written responses to all review criteria. ❑ An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 3 ❑ 1 Complete Copy. If the copy is deemed complete by staff, the following items will then need to be submitted: ❑ 10 Copies of the complete application packet and, if applicable, associated drawings. ❑ Total deposit for review of the application. ❑ A digital copy of the application provided in pdf file format. ❑ A sketch up model will be required for the public hearing. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. 0 KtGtt' I IUNIT: bZUU4 EXHIBIT 10:33:56 AM, 1 OF 2, R $16.00 DF SPEC WD Janice K. Vos Caudil SPECIAL WARRANTY DEED State Doc Fee: $2,750.00 THIS DEED is dated the 'LI 'day of May, 2016, and is made between (whether one, or more than one), Boogie's Building Of Aspen, LLC, a Colorado limited liability company the "Grantor" of the County of Pitkin and State of Colorado and Thor 534 East Cooper Avenue LLC, a Delaware limited liability company (whether one, or more than one), the "Grantee", whose legal address is 25 West 39th Street, 11th Floor, New York, NY 10018 of the County of New York and State of New York. WITNESS, that the Grantor, for and in consideration of the sum of Twenty Seven Million Five Hundred Thousand Dollars and No Cents ( $27,500,000.00 ), the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever, all the real property, together with any Improvements thereon, located in the County of Pitkin and State of Colorado described as follows: v The Easterly 2 1/2 Feet of Lot 0, and all of Lots R and S, � �. Block 95, CITY AND TOWNSITE OF ASPEN described Boogie's 0 also as Building Of Aspen Subdivision, Y1 according to the plat recorded November 6, 2014 in Plat Book 108 at Page 49 f;1 COUNTY OF PITKIN, STATE OF COLORADO.' also known by street address as: 534 E. Cooper Avenue, Aspen, CO 81611 r TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, 0 the reversions, remainders, rents, Issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; r, TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee, and the Grantee's heirs and assigns forever, The Grantor, for the Grantor and the Grantor's heirs and assigns, does covenant, grant, bargain, and agree that the Grantor shall and will WARRANT THE TITLE AND DEFEND the above described premises, in the quiet and peaceable possession of the Grantee and the heirs and assigns of the Grantee, against all and every person or persons claiming the whole or any part thereof, by, through, or under the Grantor except and subject to: See Exhibit "A" attached hereto and made a part hereof IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above, BOOGIES ll -DING OF ASPEN, LLC, A COLORADO LIMITED ILITY C MPANY (/7 'Z 7 e Leonard Weinglass, Manager IG State of GUS County o rJ;} c The foregoing instrument was acknowledged before me this LI day of May,ppl5 by Leonard Weinglass as Manager of Boogies Building of Aspen, LLC, a Colorado Limited Liability Compaqy4 JORDAN MAU9NER . Notary Pablic, Strut of New Wilt RqW alien No. 02MA61133S4 Qualified is New York Ca" Cotttmissiea Expinea July 26, 2016 Witness my hand and Notary Public My commission expirf seal. Stewart Title File Number., 01330-54037 Page 1 of 2 Special Warranty Deed STCO EXHIBIT "A" DEED EXCEPTIONS 1. Taxes and assessments for the year 2015, not yet due and payable. 2. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 3. Terms conditions and obligations contained in Mining Deed recorded recorded January 1, 1900 in Book 125 at Paoe 1 and in Mining Deed recorded recorded January 1, 1899 in Book 105 at Page 66 and in Mining Deed recorded recorded January 1, 1899 in Book 106 at Pace 482 4. Terms conditions reservations and restrictions contained in Deed from City of Aspen recorded January 1, 1900 in Book 59 at Page 248, 5. Notice of Historic Designation recorded January 13, 1975 in Book 295 at Page 515. 6, Occupancy Deed Restriction and Agreement for an Employee Dwelling Unit recorded May 15, 1995 b Book 781 at Page 23 as Reception No 381336. 7. Resolution by Aspen Historic Preservation Commission recorded July 26, 2012 as Reception No. 590891 8. Resolution by City of Aspen Planning and Zoning Commission recorded April 29, 2013 as Reception No 599060 9. Resolution by Aspen Historic Preservation Commission recorded March 20, 2014 as Reception No. 69 10. City of Aspen Ordinance recorded June 24, 2014 as Reception No 611345 11. Subdivision Agreement recorded November 6, 2014s6 Reception No 615172 12. All matters shown on the final plat of Boogie's Building Of Aspen Subdivision recorded November 6, 2014 in Plat Book 108 at Page 49 as Reception No. 615173, including but not limited to the note as: the subject property deed and the adjoining Aspenhof Condominium Map overlap by 0.65' 13. Any and all existing leases and tenancies. 14. All matters shown on the Improvement Survey Plat -Topographic Map of Boogie's Building of Aspen, LLC by Sopris Engineering -LLC, updated February 2015, including but not limited to the note as: the subject property deed and the adjoining Aspenhof Condominium Map overlap by 0,65' Stewart Title File Number: 01330-54037 Page 2 of 2 Special Warranty Deed STCO October 5, 2015 Ms. Sara Adams Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Ms. Adams: Please consider this letter authorization for Sunny Vann of Vann Associates, LLC, Planning Consultants, to represent us in the processing of our application for BPC Major Development Plan review and such other approvals as may be required for our 534 East Cooper Avenue property. Mr. Vann is hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforementioned applica- tion. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, Melissa Gliatta EVP/Authorized Signatory c/o 'Thor Equities, LLC 25 West 39th Street New York, NY 10018 (212) 529-7415 d:loldc\bus\city. iu11ir62215.sa I ATTACHMENT 2 -LAND USE APPLICATION PROJECT: Name: Location: (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) APPLICANT: Name: Address: l Phone #: REPRESENTATIVE: Name: Address: Phone #: TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption GMQS Allotment ❑ Special Review ❑ ESA — 8040 Greenline, Stream Margin, Hallam Lake Bluff, ountain View Plane lv ommercial Design Review ❑ Residential Design Variance ❑ Conditional Use ❑ Conceptual PUD ❑ Final PUD (& PUD Amendment) ❑ Subdivision ❑ Subdivision Exemption (includes condominiumization) ❑ Lot Split ❑ Lot Line Adjustment ExISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) PROPOSAL: (description of proposed buildings, uses, modifications, etc.) lavg,you attached the following? FEES DUE: $ ❑ Temporary Use ❑ Text/Map Amendment ❑ Conceptual SPA ❑ Final SPA (& SPA Amendment) ❑ Small Lodge Conversion/ [Oxpansion ther: Pre -Application Conference Summary ;;KAtUaohment #1, Signed Fee Agreement ponse to Attachment #3, Dimensional Requirements Foran esponse to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ❑ 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word 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. ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: . Applicant: Location: Zone District: Lot Size: Lot Area: (for Me purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Number of residential units Number of bedrooms: Existing: Proposed: Existing: Proposed: Existing: Proposed: Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: Allowable: Proposed.-_ Principal bldg. height: Existing: Allowable: Proposed:_ Access. bldg. height: Existing: Allowable: Proposed.-_ On -Site parking: Existing: Required: Proposed: % Site coverage: Existing: Required.' Proposed: % Open Space: Existing: Required: Proposed: Front Setback: Existing: Required: Proposed: Rear Setback: Existing: Required.• Proposed: Combined F/R: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Combined Sides: Existing: Required: Proposed: Distance Between Existing Required: Proposed: Buildings Existing non -conformities or encroachments: Variations requested: Property Thor 534 East Cooper Avenue, LLC Phone No.: (212) 529-7415 Owner ("I'): Email: gross@thorequities.com Address of 534 East Cooper Avenue Billing c/o Thor Equities, LLC Property: Address: (subject of (send bilis here) 25 West 39th Street application) New York, NY 10018 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. 1 understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees; I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $,975 flat fee for Parks $ 975 fiat fee for APCHA (Housing) $. 975 flat fes for Environmental Healtt , $ 0 flat fee for Select Review For deposit cases only; The City and I understand that because of the size, nature or scope of the proposed project, it Is not possible at this time to know the full extent or total costs involved in processing the application, i understand that additional costs over and above the deposit may accrue, I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full, The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $-11950 deposit for 6 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. $ 275 deposit for 1 hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $275 per hour. City of Aspen; Property Owner; Chris Bendon Community Development Director Name; City Use; 1 5150 Title: -u w Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies, The certification must be Wined by the property owner or Attorney representing the propel _ owner. Property Name: Owner ("IT Email:, Address of Property: G®� (subject of r application) i certify as f s: (pick one) This property is not subject to a homeowners association or other form of private covenant. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed In this land use application do not require approval by the homeowners association or covenant beneficiary, ❑ This property Is subject to a homeowners association or private covenant and the Improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand thI5 policy and i understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document Is a public document. Owner signature: Owner printed name: date: or, f-1 a, / Attorney signature: date: /D Attorney printed nam : �� EXHIBIT DURANT AH LLC VAUSE FAMILY TRUST ANDINA SUPER LLC PO BOX 4068 3020 PLAZA DE MONTE PO BOX 1177 ASPEN, CO 81612 LAS VEGAS, NV 89102 MANLY NSW AUSTRALIA 1655, CAVES KAREN W HENDRICKS SIDNEY J & YOLANDE EVERHAI RUBY RICHARD L TRUST 1 BARRENGER CT 6614 LAKEVILLE RD 30150 TELEGRAPH RD STE 300 NEWPORT BEACH, CA 92660 PETALUMA, CA 94954-9256 BINGHAM FARMS, MI 48025 RUTLEDGE REYNIE K&W PROPERTIES INC ROGENESS FAMILY TRUST 51 COUNTRY CLUB CIR 728 W CANAL ST 3046 COLONY DR SEARCY, AR 72143 NEW SMYRNA BEACH, FL 32168 SAN ANTONIO, TX 78230 NEPSA INVESTMENT GROUP PTY LTD WEIGAND JOHNATHAN R TRUST 11/11/2014 CRAFT LESTER R JR 185 SPRING ST 128 S OAKWOOD PO BOX 127 MELBOURNE VICTORIA WICHITA, KS 67218 BASALT, CO 81621 AUSTRALIA 3000, CORNELISSEN TOM ECCHYMOSIS LLC ROSS JOHN F 4753 N SHORE DR 4802 E 2ND ST # 2 7600 CLAYTON RD MOUND, MN 55364-9607 LONG BEACH, CA 90803 SAINT LOUIS, MO 63117 FRANZ NORBERT ALEXANDER BARGE RENE TRUST VARADY LOTHAR M & CHERYL G KAISERHOFSTR 15 408 31ST ST 5036 MAUNALANI CIR FRANKFURT 60313 GERMANY, NEWPORT BEACH, CA 92663 HONOLULU, HI 96816 AWALL350 LLC ABRAMSON FAMILY REV TRUST SOPRIS VENTURES LLC 350 BLANCA AVE 181 SOUTH AVE 18818 TELLER AVE #130 TAMPA, FL 33606 ALAMO, CA 94507 IRVINE, CA 92612 ROSS JOHN F 434 EAST COOPER AVENUE LLC BERSCH BLANCHE TRUST 50% 7600 CLAYTON RD 2001 N HALSTED STE 304 9642 YOAKUM DR ST LOUIS, MO 63117 CHICAGO, IL 60614 BEVERLY HILLS, CA 90210 BERSCH ELLEN TRUST 50% BERSCH BLANCHE TRUST WALLEN-OSTERAA REV LIVING TRUST 9642 YOAKUM DR 9642 YOAKUM DR 36 OCEAN VISTA BEVERLY HILLS, CA 90210 BEVERLY HILLS, CA 90210 NEWPORT BEACH, CA 92660 SEGUIN WILLIAM L & MARILYN A BRONSON RICHARD L TRUST 50% BRONSON BONNIE L TRUST 50% PO BOX 4274 4510 NE DELAMAR PL 4510 NE DELAMAR PL ASPEN, CO 816124274 LEES SUMMIT, MO 64064 LEES SUMMIT, MO 64064 HUNKE CARLTON J LVG TRST GOFEN ETHEL CARO TRUSTEE MJM AMENDED & RESTATED TRUST 408 N 1ST ST #507 455 CITY FRONT PLAZA 1776 SOUTH LN MINNEAPOLIS, MN 55401 CHICAGO, IL 60611 NORTHBROOK, IL 60062 CALGI RAYMOND D WEIGAND 122 LLC MAVROVIC ERNA 134 TEWKESBURY RD 301 N MAIN ST #600 530 E 72ND ST APT 15-C SCARSDALE, NY 10583 WICHITA, KS 67202 NEW YORK, NY 10021 CLIFFORD MRS MARGARET JOAN HUNTER PLAZA ASSOCIATES LLP 520 EAST COOPER PTNRS LLC 146 WILD TIGER RD 602 E COOPER #202 402 MIDLAND PARK BOULDER, CO 80302 ASPEN, CO 81611 ASPEN, CO 81611 JENNE LLP FITZGERALD FAMILY PARTNERSHIP LTD TOMKINS FAMILY TRUST 1510 WINDSOR RD 520 E COOPER AVE 520 E COOPER AVE #209 AUSTIN, TX 77402 ASPEN, CO 81611 ASPEN, CO 81611 LCT LP P & L PROPERTIES LLC MORRIS ROBERT P PO BOX 101444 101 S 3RD ST #360 600 E HOPKINS AVE STE 304 NASHVILLE, TN 37224-1444 GRAND JUNCTION, CO 81501 ASPEN, CO 81611 CHERAMIE CAPITAL HOLDINGS LLC 21/22 CHERAMIE ALAN A 1122 INT ELLERON CHEMICALS CORP PO BOX 805 139 CHERAMIE LN 2101 WAUKEGAN RD #210 GOLDEN MEADOW, LA 70357 GOLDEN MEADOW, LA 70357 BANNOCKBURN, IL 60015 PETERSON CHRISPY & JAMES E GORDON LEONARD & ELLEN SEELIG-BROWN BARBARA 613 MANGROVE THICKET BLVD 12204 GALESVILLE DR 18 HARVEST LN PONTE VEDRA BEACH, FL 320810747 GAITHERSBURG, MD 20878 LONG VALLEY, NJ 07853 KRAJIAN RON UNCAPHER BILL BAISCH BARBARA D 617 E COOPER AVE #114 PO BOX 2127 PO BOX 2127 ASPEN, CO 81611 LA JOLLA, CA 92038 LA JOLLA, CA 92038 EB BUILDING ASPEN LLC FURNGULF LLP BECKER ERNEST & KATHLEEN TRUST 1601 ELM ST #4000 616 E HYMAN AVE 8090 S DURANGO DR #115 DALLAS, TX 75201 ASPEN, CO 81611 LAS VEGAS, NV 89113 ASPEN SQUARE 410 LP GALENA COOPER LLC BATTLE GERALD LIVING TRUST 1407 YONGE ST #200 601 E HYMAN PO BOX 2847 TORONTO ONTARIO ASPEN, CO 81611 NEWPORT BEACH, CA 92659 M4T IY7 CANADA, HIXSON BURT LVG TRUST BARBATA LAURA ANDERSON 113 PO BOX 2847 1600 TEXAS ST #1504 NEWPORT BEACH, CA 92659 FORT WORTH, TX 76102 BARBATA KATHLEEN ANDERSON 1l3 ASHTON SQUARE LLC 2040 FRANKLIN ST #507 9204 EMMOTT RD SAN FRANSISCO, CA 94109 HOUSTON, TX 77040 DIBRELL CHARLES G JR & FRANCES ASPEN KOEPPEL LLC 24 ADLER CIR 2627 S BAYSHORE DRIVE # 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Box 4827 Basalt, Colorado 81611 (970) 925-6958 PROJECT CONSULTANTS Sunny Vann Vann Associates, LLC P.O. Box 4827 Basalt, CO 81621 (970) 925-6958 ARCHITECT Les Rosenstein Poss Architecture + Planning 605 East Main Street Aspen, CO 81611 (970) 925-4755 ATTORNEY Gideon Kaufman, Esq. Kaufman, Dishler & McAllister, P.C. 315 East Hyman Avenue, Suite 305 Aspen, CO 81611 (970) 925-8166 1 SURVEYOR Mark S. Beckler, L.S. #28643 Sopris Engineering, LLC 502 Main Street, Suite A3 Carbondale, CO 81623 (970) 704-0311 CIVIL ENGINEER Yancy Nichol, P.E. Sopris Engineering, LLC 502 Main Street, Suite A3 Carbondale, CO 81623 (970) 704-0311 TABLE OF CONTENTS Section Page I. INTRODUCTION 1 II. PRIOR APPROVALS 2 III. PROJECT SITE 4 IV. PROPOSED DEVELOPMENT 8 V. REVIEW REQUIREMENTS 41 A. Conceptual Major Development Plan 41 B. Conceptual Commercial Design Review 48 C. Growth Management 54 D. Subdivision Plat/Agreement Vacation 58 E. Transportation Impact Analysis 58 APPENDIX A. Exhibit 1, Pre -Application Conference Summary Exhibit 2, Special Warranty Deed Exhibit 3, Permission to Represent Exhibit 4, Land Use Application Form Exhibit 5, Dimensional Requirements Form Exhibit 6, Application Fee Agreement Exhibit 7, Homeowners Association Compliance Policy Form ii TABLE OF CONTENTS Section APPENDIX Page Exhibit 8, List of Adjacent Property Owners B. Exhibit 1, HPC Resolution No. 16, Series of 2012 Exhibit 2, P&Z Resolution No. 10, Series of 2013 Exhibit 3, City Council Ordinance No. 26, Series of 2013 Exhibit 4, HPC Resolution No. 9, Series of 2014 Exhibit 5, Development Order Exhibit 6, Subdivision Agreement Exhibit 7, Subdivision Plat C. Exhibit 1, COMDEV 1987 P&Z and City Council Memorandums Exhibit 2, COMDEV 1995 P&Z Memorandum Exhibit 3, Affordable Housing Unit Deed Restriction Exhibit 4, Existing Site Plan, Floor Plans and Elevations Exhibit 5, Sopris Engineering Report D. Exhibit 1, Transportation Impact Analysis iii I. INTRODUCTION The following application requests Conceptual Historic Preservation Commission ("HPC") Major Development Plan and Commercial Design Review approval for an expansion of an existing mixed-use commercial building, commonly referred to as the "Boogie's Building", located at 534 East Cooper Avenue in the City of Aspen (see Pre - Application Conference Summary, Exhibit 1, Appendix A, attached hereto). A Growth Management Quota System ("GMQS ") allotment for the expanded building's additional net leasable commercial area, and approval to remove an existing on-site affordable housing unit and to vacate an existing subdivision plat and agreement, is also requested. As the Pre -Application Conference Summary indicates, the City Council as opposed to the HPC will be responsible for the review and approval of the requested GMQS allotment as the review process has been modified by the Community Development Department ("COMDEV") as provided for in Section 26.304.060.B.1., Modification of Review Procedures, of the Aspen Land Use Regulations (the "Regula- tions"). The City Council will also review the requested removal of the affordable housing unit and the vacation of the subdivision plat and agreement. The application is submitted pursuant to Sections 26.412.040, 26.415.070.D., 26.470.070.5., 26.470.070.6. and 26.480.090.E. of the Regulations by Thor 534 East Cooper Avenue, LLC (hereinafter "Applicant"), the owner of the property (see Special Warranty Deed, Exhibit 2, Appendix A). Permission for Vann Associates, LLC, Planning Consultants, to represent the Applicant is attached as Exhibit 3, Appendix A. A Land Use Application Form, Dimensional Requirements Form, Application Fee Agreement, Homeowners Association Compliance Policy Form, and a list of property owners located within three hundred feet of the project site are attached as Exhibits 4, 5, 6, 7 and 8, respectively. 1 The application is divided into five sections. Section I provides a brief introduction to the application, while Section II discusses the property's prior approval history. Section III of the application describes the project site while Section IV outlines the Applicant's proposed development. Section V addresses the proposed development's compliance with the applicable review requirements of the Regulations. For the reviewer's convenience, all pertinent supporting documents relating to the project (e.g., copies of prior approvals, engineering report, etc.) are provided in the various appendices to the application. While we believe we have addressed all relevant provisions of the Regulations, and provided sufficient information to enable a thorough evaluation of the application, questions may arise that require further information and/or clarification. We will provide such additional information or clarification as may be required in the course of the application's review. LOMMU ITOWKW� The Boogie's Building is the recipient of several prior land use approvals which together permit various changes to the existing building, a minor expansion of its commercial net leasable area, and the development of a new third floor addition containing a free market residential dwelling unit. The approvals also permit the reconfiguration of the building's existing deed restricted affordable housing unit. More specifically, Conceptual Major Development and Commercial Design Review approval was granted for the project on July 11, 2012 pursuant to HPC Resolution No. 16, Series of 2012 (see Exhibit 1, Appendix B). Growth management allotments for the project's free market residential unit and its expanded commercial net leasable area were approved by the Planning and Zoning Commission ("P&Z") on April 16, 2013 pursuant to Resolution No. 10, Series of 2013 (see Exhibit 2, Appendix B). 2 Subdivision approval for the project was granted by the City Council on July 22, 2013 pursuant to Ordinance No. 26, Series of 2013 (see Exhibit 3, Appendix B). Final Major Development and Commercial Design Review approval was granted by the HPC on March 12, 2014 pursuant to Resolution No. 9, Series of 2104 (see Exhibit 4. Appendix B). A Development Order for the above approvals was issued by COMDEV on March 17, 2014, with an effective date of March 20, 2014 (see Exhibit 5, Appendix B). A Subdivision Agreement memorializing the approvals was recorded on November 6, 2014 as Reception No. 615172 in the Office of the Pitkin County Clerk and Recorder (see Exhibit 6, Appendix B). A Final Plat of the Boogie's Building of Aspen Subdivision was recorded concurrently with the Agreement in Plat Book 108 at Page 49 (see Exhibit 7, Appendix B). As the Development Order and Agreement indicate, the various approvals are presently vested until March 20, 2017. The Applicant acquired the 534 East Cooper property in May of this year. As the Applicant proposes to develop the property in a different manner than that which was previously approved, new land use approvals are required. The Applicant will vacate the property's prior approvals and their associated development rights upon the receipt of all required land use approvals for the new project. The vacation of the previously recorded Subdivision Agreement and Final Plat will require City Council approval pursuant to Section 26.480.090.E. of the Regulations. As the Pre -Application Conference Summary indicates, the vacation of the Agreement and Plat, and their associated land use approvals, will occur in connection with the City Council call-up notice required pursuant to Section 26.415.120.B. of the Regulations and concurrent with Council's review of the requested GMQS allotment. The Community Development Department, however, has agreed to condition the vacations upon the Applicant's receipt of Final Major Development Plan and Commercial c Design Review approval for the new project and the receipt of a Development Order therefor. III. PROJECT SITE The project site is legally described as the easterly 2.5 feet of Lot Q and all of Lots R and S, Block 95, City and Townsite of Aspen (Parcel ID No. 2737-182-24-008), and is located at the northwest corner of East Cooper Avenue and South Hunter Street. As the Improvement Survey on the following page illustrates, the property contains approximately 6,269 square feet square feet of "Lot Area ", as such term is defined in the Regulations. No reductions in lot area are required due to the presence of steep slopes, right-of-ways or surface easements. The property is zoned CC, Commercial Core, and is located within the City's Commercial Core Historic District. Existing improvements to the property consist of a two-story masonry building with a subgrade basement. The building's ground floor is presently occupied by the Boogie's retail clothing store. A partial second floor contains the former Boogie's Diner restaurant, its kitchen, and a one -bedroom, deed restricted affordable housing unit. An outdoor deck abuts the restaurant and was used for additional restaurant seating. The basement contains the building's mechanical rooms and multiple storage areas for the retail store and former restaurant. Various interior stairways and a small elevator provide access between the building's basement, ground floor and mezzanine. An additional stairway, which is accessed from the Hunter Street sidewalk, provides access to the affordable housing unit. A covered utility/trash/recycle area abuts the alley at the rear of the building. The existing building was constructed in 1987, the development right for which was derived from the demolition of the Shaft Restaurant building which previously occupied the property. A commercial GMQS allotment was not required as the resulting 0 LOTS .._.-._.-.., HYMAN AVENUE -V r FOUND 1.2' "A"O"I L5.128693 AN0125 CAP LS 12326 ( wUN012'I8RASS 01511 1 3A' WITNESS WANEAy3 :LOT# LOTS LOTC EDTD WEE I FOUND I.2 BRASS dSX ^� ("( iOUND N3 t5 X28649 NEBAR(BENT) 1 y1 F L BLOCK95A �/OUNO 1.2( BRASS DISK 3.0'WRNESSCORNER I ILS 928613 LOTK i SDTL LOTM LOTN # LOT 1OrP L DISK II FB 1 Fou NO BRASS OLSK i LS AIrA3 "- FOUN012' BRASS DISK LS. 1128643 IMPROVEMENT SURVEY PLAT -TOPOGRAPHICAL MAP OF: BOOGIE'S BUILDING OF ASPEN SUBDIVISION A PARCEL OF LAND SITUATED IN THE NWY4 OF SECTION 18, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M. CITY OF ASPEN COUNTY OF PIKIN STATE OF COLORADO ARCIN 2009) to GEV 0T4 -� TIONOF5. GALENA Sr. o S PKINFS, CAN PEDESTAL 9 HOUND S8ARAN.1-'CAP ' .. ........._. lA'WIT�ESSRECORNEA LS, 928643 - - f ELECFRICMETER I \d. I Q ! (LTH LOTI LOT JOTR I LOTC SEWER MANHOLE F D#SREBAA iA CURBSTOP LS. RLEGIBLE i WATER VALVE (BE IN91 FOUNOR.2"BRASS DISK A .. GAS METER i LS. x28643 ELECTRIC MANHOLE f FOUN95 WATER MANHOLE / REBAAAND i DRYWELL ¢ 3,25,'BRASSCM tiK � LOT a, LOT E LOTK I LOTt � IOTM � UOT UTILITY MANHOLE FOUNDAS RFeARANDY25' CURB INLET STRUCTURE a I 0899 CAP; f LS`. 919598-__- UNDERGROUNDCATV i d�S FOUN81.2°BRASS DISK UNDERGROUND ELECTRIC A286t3 F-.-.-. SEWER LINE - FOUNFIRS gp pI GPR2(MARO"""' /IMERSEU NT -5. GA1Ef9A ST. ANO EWRANi)1VE LOT#COT8 LOTC ? LOT LOT E I LOTF - LOTG I LOTH LOTI I PROPOSEDAEC. BUILDING FOOTPRINT CONTROL iE-- MAP PER REC. #615173 ��-E ("� W EXISTING CONDITIONS LEGEND -� STREEET/PARKING SIGN o BALLARD ® CAN PEDESTAL M TELEPHONE PEDESTAL 13 ELECFRICMETER R7 ELECTRICTRANSFORMER E SEWER CtEANOUF ® SEWER MANHOLE YP CURBSTOP W 124 WATER VALVE - PAY WATER HYDRANT pQ GAS METER ® ELECTRIC MANHOLE ® WATER MANHOLE ® DRYWELL SD TELEPHONE MANHOLE ® UTILITY MANHOLE is CURB INLET STRUCTURE - -uc- UNDERGROUNDCATV ,t - UNDERGROUND TELEPHONE -un -un- UNDERGROUND ELECTRIC - SEWER LINE ER AVENUE WATER LINE -u9 -u0- GAS LINE X7925.0' SPOT ELEVATION SIZE -TRUNK DIA' X DRIPUNE RAD' DECIDUOUSTREE GRAPHIC SCALE La o s m m a IN FEET) 1 Inch= 10 ft. GENERAL UTILITY NOTES: 1. The locations of underground utilities have been plotted based on utlllty maps, construction/design plans, other information provided by utility companies and actual field locations in some instances. These utilities, as shown, may not represent actual field conditions. It is the responsibility of the contractor to contact all utility companies for field location of utilities prior to construction. NOTICE: AUtMOiXGT00090MDO D9W TW MiRTCOMMENCf ANY1EGAL ASPEN CORE VENTURES wuNurznEeaR :, ❑ / ` t HUNTER LLC ASSESSOR PARCELNo,2771R224004---1. - `(DENNASSESSOR FARCE ----- -----411BEASTC66PER AVENUE - ' ASPEN 0081611 PARXINa : i x :5 No. 27371822 LOT I 490 WILLIAMS STR LOT G LOT H SrAT9oN - ' o so21 GRAVEIPARKING lOT - - :• , , ENYER CO A_ Ut °'-. .. ._ ,,., ue .. - ue t 1 _ BOUNDARY LOT Q BLOCK95 a oPD ARu AT Snurr LEVEL SET A5 REBAR 235' & PLASTIC WITNESS CAP LOT LS. #28643 BLOCK 95 (3.0) 30.095' - - EASTERLY 2.5' OF LOT Q .--DTV DID" IDT LINE BOOGIES OF ASPEN t 534 EAST CO MULTI -STORY CON METAI & BRICK WITH 0-51 ZONING CLASSIFICATION SET 051 ; BRKI: BRASS DISC AFTAINING WAtI INCONCRETE I '+ .�„ LS.A28643 S 75'09'11" E aoa' 0.04,,. CONCACSEWALK CORE (CC) NOMN L TREE WELL 'o I Mt.) - J!. 69' SCALE 1".20W K u ig1T a�_ 8 11 s Ue Ut 929Es- _ " BIN 62.69 935 STATE OF COLORADO 17 fl SETAIUMINIi BOOGIE'S BUILDING OF ASPEN SUBDIVISION DISC W/MAGNETI Y$ F•,< 108 PAGE 49) NAIL IN ASPHALTPARONG LS. 928643 $ - PAY m LOT S BLOCK 95 STATIO �t 1) DATE OF SURVEY: MARCH 9-12,2012. UPDATED FEBRUARY 6, 2015. UTILITY MARKINGS LOCATED 30.096' 69 ( t_ I 2) DATE OF PREPARATION: MARCH 9-13, 2012. UPDATED FEBRUARY 2015. UPDATED WITH NEW TOLE COM MITM ENT APRIL 2015. 3) BASIS OF BEARING: ABEARING OF 575'09'11" E FROM THE NORTHWEST BOUNDARY CORNER OF I i BLOCK 95, MONUMENTED BY A FOUND 1.2" BRASS CAP IN A STONE STEP I.S. 28643 AND THE IILDING L5. #28643 (1.0), AS SHOWN ON THE CONTROL MAP. IDIVISION THE CITY OF ASPEN GPS CONTROL MONUMENTATION 2009 SURVEY PREPARED BY MARCIN ENGINEERING LLC, ER AVENUE NOVEMBER 6, 2014 AS RECEPTION NO. 615173: VARIOUS DOCUMENTS OF RECORD; AND THE FOUND MONUMENTS AS NOTED.. 5) THIS SURVEY DOES NOT CONSTITUTE ATTTLE SEARCH BY SOPRIS ENGINEERING, LLC (SE) TO DETERMINE SET 051 ; BRKI: BRASS DISC AFTAINING WAtI INCONCRETE I '+ .�„ LS.A28643 S 75'09'11" E aoa' 0.04,,. CONCACSEWALK CORE (CC) NOMN L TREE WELL 'o I Mt.) - J!. 69' SCALE 1".20W K u ig1T a�_ 4.s ♦y LA' V.11 `iat 1.03' TRASH 29 yA �+bd " BIN COUNTY OF PITKIN STATE OF COLORADO 911. fl 62.69': BOOGIE'S BUILDING OF ASPEN SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 6, 2014 AS RECEPTION NO. 615173 (PLAT BOOK Y$ F•,< ASPEN GROVE ASSOCIATES LLP STEIN BUILDING ASSESSOR PARCEL No.273718222002 ASSESSOR PARCEL No.273718222003 M&W PROPERTIES NJ STEIN LLC 205 S MILL Sr #301A 418 EAST COOPER AVENUE L. LOT G ASPEN CO 81601 LOT H ASPEN CO 83611 LOT 1 BLOCK 96 _. ...--- -_. BLOCK 96 ' _. BLOCK 96 _. REVOLUTION PARTNERS LLC ASSESSOR PARCEL No.273718225023 P.O. BOX 1247 ASPEN CO 81612 M 5002 EET > •S%�_Y§.t''� yv '}"t `-� fl _ xt: •Ns � i V ' T t �}� 15 I � / .'-� i �. � ���'+ks oma. # � ra t x f I�vMd •,. 5I ---iii�,tr,_y�rx,.�s•rS Jr,4j�ig f '9'�r� Q VICINITY MAP SCALE 1".20W PROPERTY DESCRIPTION THE EASTERLY Z J FEET OF LOT Q, AND ALLOF LOTS R &S, BLOCK 95 CITY AND TOW NSFTE OF ASPEN COUNTY OF PITKIN STATE OF COLORADO ALSO DESCRIBED AS BOOGIE'S BUILDING OF ASPEN SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 6, 2014 AS RECEPTION NO. 615173 (PLAT BOOK Y$ F•,< 108 PAGE 49) m NOTES 1) DATE OF SURVEY: MARCH 9-12,2012. UPDATED FEBRUARY 6, 2015. UTILITY MARKINGS LOCATED BETWEEN 2008 AND 2011. UPDATED WITH BUILDING HEIGHTS APRIL 2015. I 2) DATE OF PREPARATION: MARCH 9-13, 2012. UPDATED FEBRUARY 2015. UPDATED WITH NEW TOLE COM MITM ENT APRIL 2015. 3) BASIS OF BEARING: ABEARING OF 575'09'11" E FROM THE NORTHWEST BOUNDARY CORNER OF I i BLOCK 95, MONUMENTED BY A FOUND 1.2" BRASS CAP IN A STONE STEP I.S. 28643 AND THE THE NORTHEAST BOUNDARY CORNER MONUMENTED BY A FOUND #5 REBAR & PLASTIC WITNESS CAP L5. #28643 (1.0), AS SHOWN ON THE CONTROL MAP. 41 BASIS OF SURVEY: THE CITY OF ASPEN OFFICIAL MAP PREPARED BY G.E. BUCHANAN DATED 12/12/59; THE CITY OF ASPEN GPS CONTROL MONUMENTATION 2009 SURVEY PREPARED BY MARCIN ENGINEERING LLC, WITH A REVISED DATE OF MAY 7,2010; THE PIAT OF BOOGIE'S BUILDING OF ASPEN SUBDIVISION RECORDED NOVEMBER 6, 2014 AS RECEPTION NO. 615173: VARIOUS DOCUMENTS OF RECORD; AND THE FOUND MONUMENTS AS NOTED.. 5) THIS SURVEY DOES NOT CONSTITUTE ATTTLE SEARCH BY SOPRIS ENGINEERING, LLC (SE) TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD. FOR ALL INFORMATION REGARDING EASEMENTS, RIGHTS OF WAY AND/09 MU OF RECORD, SE RELIED UPON THE ABOVE SAID PLATS/MAPS DESCRIBED IN NOTE 4, AND THE TITLE COMMITMENT PREPARED BY STEWART TILE GUARANTEE COMPANY -ASPEN FILE No. 01330-54037-C4 HUNTER PLAZA WITH AN EFFECTIVE DATE OF MARCH 16, 2015. ASSOCIATES LLP ASSESSOR PARCEL 61 BASIS OF ELEVATION: AN NAVD 88 ELEVATION OF 7720.88 FEET ON THE NGS STATION S-159, BEING PART No 273718225005 OFTHE CITY OF ASPEN GPS CONTROL MONUMENTATION 2009 SURVEY PREPARED BY MARCIN ENGINEERING 20550UTH MILL STREET LLC, WHICH ESTABLISHEDA PROJECT SPECIFIC BENCHMARK ELEVATION OF 7921.3 FEET ON THE SET ASPEN CO $1611 115" BRASS CAP IN CONCRETE MONUMENHNG THE SOUTHEAST BOUNDARY CORNER OF LOT S, BLOCK 95, __. __..... AS SHOWN. ' 7) CONTOUR INTERVAL: THE SITE WAS FIELD SURVEYED FOR A 1.0' CONTOUR INTERVAL. THIS FIELD DATA WAS MODELED TO THE SHOWN 0.50' CONTOUR INTERVAL °`--- THIS CONTOUR INTERVAL WITH SPOT ELEVATIONS WAS DEVELOPED TO BETTER DEMONSTRATE THE CURRENT SITE DRAINAGE PATTERNS. 8) FLOOD ZONE X=AREAS DETERMINED TO BE OUTSIDE THE 500•YEAR FLOODPLAIN AS DELINEATED BY THE FEMA/FIRM MAPPING DATED JUNE4,1987 (MAP NO.08097CO2D4 C). 91 GROUND COVER AT THE TIME OF SURVEY: 0 -2"+/ -OF ICE IN THE ALLEY. - 10) THE BOUNDARY UNE DESCRIBED IN THE SUBJECT PROPERTY DEED AND THE BOUNDARY LINE OF THE �'-- ADJOINING ASPENHOF CONDOMINIUM MAP OVERLAP BY GAS', THERE IS NO APPARENT BUILDING ENCROACHMENT. SURVEYOR'S CERTIFICATE _ I, MARK S. BECKLER, HEREBY CERTIFY TO AAREAL CAPITAL CORPORATION, A DELAWARE CORPORATION, ITS SUCCESSORS AND ASSIGNS, THOR 534 EAST COOPER AVENUE ILC, A DELAWARE LIMITED LIABILITY COMPANY, KENSINGTON VANGUARD NATIONAL LAND SERVICES AND STEWARTTFTLE GUARANTY COMPANY, THAT THIS IS AN 'IMPROVEMENT SURVEY PLAT' AS DEFINED BY C.R.S. § 38-51-102(9), AND THAT IT IS A MONUMENTED LAND SURVEY SHOWING THE CURRENT LOCATION OF ALL STRUCTURES, WATER COURSES, WATER FEATURES AND/OR BODIES OF WATER, FLOOD PLAIN, VISIBLE ROADS, TRAILS, VISIBLE UTILITIES, FENCES, HEDGES, OR WALLS SITUATED ON THE DESCRIBED PARCEL AND WITHIN FIVE FEET OF ALL BOUNDARIES OF SUCH PARCEL, ANY CONFLICTING BOUNDARY EVIDENCE OR VISIBLE ENCROACHMENTS, AND ALL EASEMENTS AND RIGHTS OF WAY OF A PUBLIC OR PRIVATE NATURE THAT ARE VISIBLE, 09 APPARENT, OR OF RECORD AND UNDERGROUND UTILITIES DESCRIBE ARTTITIEGUARANTY COMPANY'S TITLE INSURANCE FILE No. 01330-54037-C4, OR OTHERSSe ON THE IMPROVEMENTSURVEY PLAT, IFURTHERMORE DOES NOT EXCEED 1:15,000. STATE, THE RELATIVE POSING55URVEY O MAR .BECKLER/ S.#2 uPjc ••. .• SOPRIS ENGIN - LLC ' CIVIL CONSULTANTS ASPENSQUARECONDOs 502 MAIN STREET, SUITE A3 PIAT BOOK 3 PAGE 365 RECEPTION No. 133472 CARBONDALE, COLORADO 81623 SHEET 1 OF 1 LOT# ...__ IU_R_ (970) 704-0311 tt Lma%ulwAa1BLs M.tlzom.oum9slvoasEXmnoe.g reconstruction credit was sufficient to accommodate the new building's commercial area. While a two-bedroom, affordable housing unit was initially included in the new building, the provision of the unit was entirely voluntary, and was not required as mitigation for the redevelopment of the property. The voluntary provision of the unit is noted in COMDEV's May 27, 1987 memorandum to the P&Z and its June 22, 1987 memoran- dum to the City Council, both of which address the then applicant's requested GMQS exemption for the proposed affordable housing unit (see Exhibit 1, Appendix Q. The voluntary provision of the unit is further noted in a COMDEV April 25, 1995 P&Z memorandum addressing the proposed expansion of the Boogie's Diner restaurant to include one of the affordable housing unit's two bedrooms (see Exhibit 2, Appendix C). As the unit had been voluntarily provided, the P&Z approved the expansion based on COMDEV's and the Aspen/Pitkin County Housing Authority's ("APCHA") recommendations. A deed restriction for the reconfigured one -bedroom unit was subsequently recorded (see Exhibit 3, Appendix C) and a cash -in -lieu payment was made to mitigate the employee generation resulting from the conversion of the affordable housing bedroom to commercial use. A payment was also made in lieu of the provision of on-site parking for the additional commercial area. The original voluntary provision of the unit was again recognized by COMDEV in 2014 in connection with its use as mitigation for the approved third floor free market residential unit. A site plan, floor plans with area takeoffs, and elevations of the existing building are attached as Exhibit 4, Appendix C. The existing building contains approximately 8,191 square feet of floor area including a portion -of its ground floor utility/trash/recycl- ing area, the depth of which exceeds four feet, and excluding its outdoor deck, the area of which is less than the maximum allowed. The building's ground floor contains approximately 5,285 square feet of floor area while its second floor contains the 1 remaining 2,906 square feet. The basement is exempt from floor area calculations as it is located 100 percent below grade. The building's existing commercial net leasable area totals approximately 9,895 square feet including its basement storage areas and associated circulation. The one -bedroom affordable housing unit contains approximately 744 square feet of net livable area based on APCHA's current definition of such area which excludes the unit's entry stairway. Existing development in the immediate site area includes the historically designated Bowman Building, which is located on the south side of Cooper Avenue across from the project site; a recently approved mixed-use building, which is being developed on the vacant parking lot at the southwest corner of Hyman Avenue and Hunter Street; the Hunter Plaza Associates commercial building, which is located at the northeast corner of Cooper Avenue and Hunter Street; and the Aspen Square commer- cial/condominium building, which is located at the southeast corner of Cooper Avenue and Hunter Street. The character of the immediate site area can be describes as a mixed- use neighborhood containing a variety of multi -story buildings and commercial, office and residential land uses. As the attached engineering report prepared by Sopris Engineering, LLC indicates (see Exhibit 5, Appendix C), the existing building is served by all required utilities. Domestic water is currently provided via a four inch service line that connects to a municipal main located in Hunter Street. Sanitary sewer service is provided via two service lines that connect to the existing Aspen Consolidated Sanitation District ("ACSD ") main located in the alley at the rear of the property. Natural gas service to the building is also provided from a line in the alley, the meter for which is located within the building's utility/trash/recycle area. Electric service is provided by the City from an existing transformer located adjacent to the northwest corner of the property 7 while telephone service is provided from an underground line in the alley. The building's electric meters and telephone pedestal are also located within the utili- ty/trash/recycle area. Stormwater runoff from the building's roof areas is currently conveyed via a system of internal pipes to an existing drywell located within the basement. Runoff from the building's adjacent impervious areas (e.g., sidewalks, entry area, etc.) sheet flows to the Cooper Avenue and Hunter Street right-of-ways. The Cooper Avenue and Hunter Street sidewalks and the entry area to the building are snowmelted. IV. PROPOSED DEVELOPMENT The Applicant proposes to expand the existing building's ground and second floors, and to utilize the expanded building solely for commercial purposes. Commercial uses will be limited to those uses as may be permitted from time to time in the CC, Commercial Core zone district. A third floor and a free market residential unit are no longer proposed. As discussed previously, the property's prior approvals and associated development rights will be vacated upon the receipt of all required land use approvals for the new project. More specifically, the building's ground floor will be expanded to include the unenclosed area abutting the Hunter Street sidewalk. Its second floor will be expanded to include the existing outdoor deck and the interior areas that are currently open to the ground floor below. Changes to the basement's existing storage areas, the addition of three new elevators to address accessibility requirements, and the removal of the on-site affordable housing unit are also proposed. As presently configured, the expanded building contains a single commercial space that occupies both its basement and its ground and second floors. These areas, however, may ultimately contain separately leasable spaces depending upon actual tenant requirements. As presently envisioned, a decision as to the number of individual tenant spaces will be made prior to building permit submittal. A site plan, floor plans with area takeoffs, and elevations and perspectives for the expanded building are provided on the following pages. As the area takeoffs illustrate, the expanded building will contain 10,858 square feet of floor area, all of which will be used for commercial purposes. The proposed floor area is less than both the property's maximum allowable cumulative floor area and its allowable commercial floor area. As presently configured, the expanded building's commercial net leasable area totals approximately 13,374 square feet. As this figure exceeds the existing building's net leasable area of 9,895 square feet, a commercial GMQS allotment in the amount of 3,479 square feet will be required. The building's facades will also be modified to reflect its expanded commercial use (e.g., new entrances, signage, etc.), and to enhance its appearance. As the proposed elevations and perspectives illustrate, the exterior revisions to the building fit within its context in the Commercial Core Historic District, and both respects its history and uniquely sets itself apart therefrom. The building's two-story massing is broken up with varying parapet heights on each street facade, the intent of which is to simulate the District's historic development pattern. Primary exterior building materials will consist of brick and sandstone which are also consistent with those found on similar structures within the District. Painted steel elements and accents will provide a contemporary balance to the material palette. The articulation of these materials in the form of finely detailed cornice caps, horizontal steel banding at storefront window heads, brick banding, sandstone bases, and detailed steel work all combine to enhance the building's fit within the District. X , HUNTER STREET ' I / / / / / / / / / / / / ASPEN, CO P®$$ �vl PROPOSED SITE PLAN{ ,1 605 EAST MAIN STREET ASPER, COLO RA00 81611 l (T) 970/825 4755 (F) 970/920 2950 q' ©t�lS b spy 11.23.2015 j 1 i FOOTING FOR WALL ABOVE PROPOSED FLOOR AREA LEGEND COMMERCIAL FLOOR AREA OVERHANGS BEYOND 4'-0' BASEMENT COMMERCIAL FLOOR AREA EXEMPT PER SECT. 26.575.020.D.8. BASEMENT TOTAL 0 SF MAIN LEVEL COMMERCIAL FLOOR AREA OVERHANGS BEYOND 4'-0' 5,352 SF 329 SF MAIN LEVEL TOTAL 5,681 SF UPPER LEVEL COMMERCIAL FLOOR AREA OVERHANGS BEYOND 4'-0' 5,136 SF 41 SF UPPER LEVEL TOTAL 5,177 SF TOTALS COMMERCIAL FLOOR AREA OVERHANGS BEYOND 4'-0' 10,488 SF 370 SF GRAND TOTAL 10,858 SF ASPEN, CO p®$$ 11("11118 ; i'i OI& PROPOSED BASEMENT FLOOR AREA 605 EAST MAIN STREET ASPEN. COLORADO 81611 6 (T) 970/ 11.23.2015 925 4755 (E) 970/920 2950 vl al MOeltifuF A®P.Asm0,PG � ls)s °104AtOA�tl�% OVERHANG BEYOND 4'-0' PER SECT. 26.575.020.D.2. PROPOSED FLOOR AREA LEGEND =�j COMMERCIAL FLOOR AREA L._,J OVERHANGS BEYOND 4'-0' BASEMENT COMMERCIAL FLOOR AREA EXEMPT PER SECT. 26.575O20.1)3. BASEMENT TOTAL 0 SF MAIN LEVEL COMMERCIAL FLOOR AREA OVERHANGS BEYOND 4'-0' 5,352 SF 329 SF MAIN LEVEL TOTAL 5,681 SF UPPER LEVEL COMMERCIAL FLOOR AREA OVERHANGS BEYOND 4'-0' 5,136 SF 41 SF UPPER LEVEL TOTAL 5,177 SF TOTALS COMMERCIAL FLOOR AREA OVERHANGS BEYOND 4'-0' 10,488 SF 370 SF GRAND TOTAL 10,858 SF ASPEN, CO POSE 114,11111 (z1IIIFC " 1'I A1\l NII i\117 Odob PROPOSED MAIN LEVEL FLOOR AREA 605 EAST MAIN STREET ASPEN, COLO RA00 81611 (T) 9'10/925 4155 (F) 970/920 2950 v<=tn ©SOLS � � ,y 11.23.2015 f { TOP OF S ELEMENT PER SECT (184 SF) ELEMENT NOT INCLUDED FACE OF BEARING CMU ON V PER SECT. 26.575.020.D.2 WEST WALL ONLY (179 SF) PROPOSED FLOOR AREA LEGEND COMMERCIAL FLOOR AREA rEJ OVERHANGS BEYOND 4'-0' BASEMENT COMMERCIAL FLOOR AREA EXEMPT PER SECT. 26.575.020.D.8. BASEMENT TOTAL 0 SF MAIN LEVEL COMMERCIAL FLOOR AREA OVERHANGS BEYOND 4'-0' 5,352 SF 329 SF MAIN LEVEL TOTAL 5,681 SF UPPER LEVEL COMMERCIAL FLOOR AREA OVERHANGS BEYOND 4'-0' 5,136 SF 41 SF UPPER LEVELTOTAL 5,177 SF TOTALS COMMERCIAL FLOOR AREA OVERHANGS BEYOND 4'-0' 10,488 SF 370 SF GRAND TOTAL 10,858 SF 111flill a 4 •, ASPEN, CO pOSS Al\'(',i 1111 (,11111 I'I A HI1\111\l('( SCJ PROPOSED UPPER LEVEL FLOOR AREAS 605 EAST MAIN STREET A6PEN, COLORADO 61611 �Ag�A 1 j� (T) 9]0/925 4T 55 (F) 970/920 2966 w -lo ©ZOt6 11.23.2015 IVR291f t49IM AREAINTE FUNCTION PER SECT. FOOTING FOR WALL ABOVE PROPOSED NET LEASABLE LEGEND L'__ J NET LEASABLE AREA BASEMENT COMMERCIAL NET LEASABLE 3,743 SF BASEMENT NET LEASABLE TOTAL 3,743 SF MAIN LEVEL COMMERCIAL NET LEASABLE 4,437 SF COMMERCIAL NET LEASABLE REAR ACCESS 286 SF MAIN LEVEL NET LEASABLE TOTAL 4,723 SF UPPER LEVEL COMMERCIAL NET LEASABLE 4,908 SF UPPER LEVEL NET LEASABLE TOTAL 4,908 SF TOTAL NET LEASABLE GRAND TOTAL 13,374 SF 1 ' r ASPEN, CO POss Al\(,11114111+110 odp2 PROPOSED BASEMENT NET LEASABLE 605 EAST MAIN STREET ASPEN, COLORADO 81611 ,M (T 1, 7 4755 (f) 970/920 2950 11.23.2015 1 AREA FUNC PEI PROPOSED NET LEASABLE LEGEND L _' J NET LEASABLE AREA BASEMENT COMMERCIAL NET LEASABLE 3,743 SF BASEMENT NET LEASABLE TOTAL 3,7435E MAIN LEVEL COMMERCIAL NET LEASABLE 4,437 SF COMMERCIAL NET LEASABLE REAR ACCESS 286 SF MAIN LEVEL NET LEASABLE TOTAL 4,723 SF UPPER LEVEL COMMERCIAL NET LEASABLE 4,908 SF UPPER LEVEL NET LEASABLE TOTAL 4,908 SF TOTAL NET LEASABLE GRAND TOTAL 13,374SF 11' lk ASPEN, CO pO$$ �tt{I I(I I I Il(( f'I Ii;�i1�ll( ��� PROPOSED MAIN LEVEL NET LEASEABLEj 605 EAST MAIR STREET ASPEN, COLORADO 01611 (T) 970/925 9]55 (F) 9]0/920 2950 lln•=1•d• ©1115 AaOeIFL7�AnR1.�.v1.EG 11.23.2015 6LLPo4AnA�¢I I-ISLU N TOP OF STAIR AND ELI ELEMENT EXEMPT PEF 26.575.020.1. TOP OF STAIR AND ELEVATOR ELEMENT EXEMPT PER SECT. ELEMENT EXEMPT PER SECT. 26.575.020.1. PROPOSED NET LEASABLE LEGEND rL 1 NET LEASABLE AREA BASEMENT COMMERCIAL NET LEASABLE 3,743 SF BASEMENT NET LEASABLE TOTAL 3,743 SF MAIN LEVEL COMMERCIAL NET LEASABLE 4,437 SF COMMERCIAL NET LEASABLE REAR ACCESS 286 SF MAIN LEVEL NET LEASABLE TOTAL 4,723 SF UPPER LEVEL COMMERCIAL NET LEASABLE 4,908 SF UPPER LEVEL NET LEASABLE TOTAL 4,908 SF TOTAL NET LEASABLE GRAND TOTAL 13,374 SF ASPEN, CO po$$ I4i1i;Iillli,Iill l ;;i (�I°?II!i Od1y PROPOSED UPPER LEVEL NET LEASEABLE 605 EAST MAIM STREET ASPENS COLORA00 61611 ,m (T) 970/925 4755 (F) 970/920 2950 vs =to' ©101$E�gMWpy 11.23.2015 I p t Alb 11' 4 ; ASPEN, CO poss 605 9Jo/ MAIN STREET ASPEN, PROPOSED 61611 11.23.2015 PROPOSED ROOF PLAN (TI 0/925 4755 (EI 970/920 2950 u+•=ua ©71115 � ,� 1 t j 1_15_ . I I I I I I I I I — _ L MOF ■nIm 1 T 0 CONC ®MEIN LEVEL N W CORNER I I I I I I I I I I _ F TO F` ® LOWER LEVEL —_--J 534 EAST COOPER ASPEN, CO p0$$ /114,111111 (:111C 3 ) 1)I'iNI WC( I& PROPOSED PROPOSED SOUTH ELEVATION 6T) EAST MAIN STREET ASPEK70192 C2950OLOR0 8161 M�tla�Ec lA µpc 11.23.2015 (T) 970/925 4755 (E) 970/920 2950 w=ta ©2015 f , 28'-0' HEIGH' L-------------------------------------------------------------------•---__--_--_—_ { `l _---------------------------------------------------J _ 1 NC ® LOWERLEVEL .0-T - ASPEN, CO P®$$ l;l;�r'rifll f;llll I ; I`( r;�!i�IIVt lei PROPOSED EAST ELEVATION,I 605 EAST MAIN STREET ASPEN, COLO RA00 91611 a ©2115 BUPDSAOAt.�Ri (T) 97o/925 4755 (E) 970/920 2950 v.�, E�N6nuxA®uwc,m 11.23.2015 ! (' 28'-0' HEIGHT LIMIT I I I I I L _ I I I I I I I I I --- - 4- -® LOWER LEVEL f .0"09". - - i 534 EAST COOPER ASPEN, CO pose llt(',1111{ ;1 111 1'1 I-11111C,PROPOSED NORTH ELEVATION €' O�y 605 EAST MAIN STREET ASPEN, COLORA00 01511 ] 1 IT) 970/925 4755 (P) 970/920 2950 vi=10 ©i)1$ spy 11.23.2015) q 1_015 9W 28'-O'HEIGHT LIMIT ,L L----------------- ---------- 28'-0' HEIGHT LIMIT _ 1 TO EXISTING PLVWD®ROOF 124' _O 0' _ T.O. CONC. ® MEZZANINE LEVEL 111' - 11 1/2' J. 980 T NC ® MAIN LEVEL IIW CORNER ' - CO10' I I I ,�, TO CONC ® LOWER LEVEL ---------------------------- ASPEN, CO puss i,J"("IIIII (;IIII C ;al 1Itl(r �doy (T) DEAST 8 I4]55 STREET( 9]5/530 COLOR 00 8 Vy._,,� ©FIs PROPOSED WEST ELEVATION -� €, ��� ,� 11.23.2015 iNnaisusmra ' BRICK HEADER — DOUBLE HUNG WINDOWS SANDSTONE SILL— ,I- up— SOLDIER COURSE — I • AWNINGS ALIGNED WITH TOP OF STEEL I k 5'-0" TALL MECHANICAL SCREENING ELEVATOR OVERRUN STEEL CHANNEL DOUBLE SAWTOOTH CORUSE SOLDIER CORUSE EXPRESSED CORUSE 1.— STEELCHANNELHEADER ROUND STEEL COLUMNS — DOUBLE SOLDIER COURSE i 9" X 9" STEEL SECTION SUPPORT Uu MAIN ENTRY DOORS DECORATIVE WOOD PANEL SANDSTONE BASE 534 EAST COOPER ASPEN, CO poss., I � - .., ,., .,,�. Ce10.... GRAPHIC ELEVATIONS m aai.a .rss �n ne�uo aso mile ���.a 11.23.2015 NOOK 5'-0" TALL MECHANICAL SCREENING I I ELEVATOR OVERRUN —STEEL CHANNEL HEADER I I —DOUBLE SAWTOOTH CORUSE —SOLDIER CORUSE EXPRESSED CORUSE STEEL CHANNELHEADER I —ROUND COLUMN NE SILL CORUSE ORATIVE WOOD PANEL it I DSTONE BASE RY NOOK 2 534 EAST COOPER ASPEN, CO posy —GRAPHIC ELEVATIONS rI i r i;NN{NC Gas 1.37 ..r. 71.11, .r,t< <,to„ss 876i7 ui dorsa ass ur 070,920 »so 11.23.2015 ELEVATOF STEEL CH/ ROUND CC AWNINGS EXISTING' TO REMAIf STEEL Cl- DOUBLE,' F DOUBLE; DECORAT CHANICAL SCREENING INEL VTOOTH CORUSE RUSE CORUSE STAIR 2 INEL HEADER _DIER COURSE UTILITY AREA BASE lIiIIIIIm 534 EAST COOPER ASPEN, CO p 0 S S GRAPHIC ELEVATIONS 5o5 u57 ruX sntu 55ria GOU5N0 "If z��u 11.23.2015 111 570/555 4755 171/707150 2550 7F.) �•.��� COOPER STREET VIEW HUNTER STREETVIEW 534 EAST COOPER ASPEN,CO PRSS ARCHITECTURE : PLANNING O STREET VIEW ERs EAST MAIN STREET ASOM SREERAI/ 4IE11 : r, a 11.23.2015 (T) RSR1125 s7 ss IT) 070/•:o as* ,111111 -�1-7 _t� 1 - } LI T -f i T _ r -F-L- -VFF -F T �I IIII!li 111 II lli IIII Tom\ 111!1=1i1 ltl/%/T, 11-iI!Illilll///�I T� Illi!IIIIII'I'ill=jiillllll I -7�- IllllllFMT T -,T �T Tr i i i �' -rLrriT_ �� 1 i - .-- 4 ____ j 1i 6 �'. {�.^ I. I � .,, II {. I L_ _1 -�- - - ----------- F 421 ___T__7 T KIM, f T -T IL_ T7f -�_-- - --_ � --gin-,- -i - - �.�--- ---_-_ -- -�--_- T r— — — -- S oppp- The buildings street level facades incorporate extensive storefront glass and recessed entries which is consistent with the District's historic structures. More contemporary features include two-story steel and glass elements which highlight entryways at the building's corners. The primary street corner is clipped at a 45 degree angle to create a recessed entry and to reflect historic entry patterns. The building's northeast corner at the alley is also recessed, incorporates similar steel and glass elements, and helps to create visual interest in its alley facade. These steel and glass entry elements fit within the building's more traditional brick facades and window openings. The brick window openings are grouped, and repeat to form a rhythm consistent with the District's historic building facades. The expanded building's additional commercial net leasable area will require the provision of affordable housing mitigation pursuant to Section 26.470.050.B.5. of the Regulations. The applicable mitigation requirement is 60 percent of the employees generated by the additional commercial square footage. The generation rate for the existing and expanded building's ground floor is 4.7 employees per 1,000 square feet of net leasable area, and 3.5 employees per 1,000 square feet for its basement and second floor. Based thereon, the expanded building's additional commercial net leasable area will generate a total of 12.68 net new employees calculated as follows. Table 1 Commercial Employee Generation Existing/Proposed Building 1. Existing Building' 39.78 Basement (3,620 Sq. Ft. x 3.5 Employees/ 12.67 1,000 Sq. Ft.) Ground Floor (4,266 Sq. Ft. x 4.7 Employees/ 20.07 1,000 Sq. Ft.) Second Floor (2,009 Sq. Ft. x 3.5 Employees/ 7.04 1,000 Sq. Ft.) 31 2. Proposed Building 52.46 Basement (3,743 Sq. Ft. x 3.5 Employees/ 13.09 1,000 Sq. Ft.) Ground Floor (4,723 Sq. Ft. x 4.7 Employees/ 22.18 1,000 Sq. Ft.) Second Floor (4,908 Sq. Ft. x 3.5 Employees/ 17.19 1,000 Sq. Ft.) 3. Net New Employees Generated 12.68 1 Per Existing Commercial Net Leasable Area takeoffs, Exhibit 4, Appendix C. Based on the above, 7.61 employees, or sixty percent of the employees generated, therefor, must be mitigated calculated as follows. 12.68 Net New Employees Generated x 60 Percent = 7.61 Employees The Applicant proposes to provide the required mitigation via the purchase and extinguishment of Certificates of Affordable Housing Credit in an amount sufficient to mitigate 7.61 Category 4 employees as provided for in Section 26.470.50.B.3. of the Regulations. As noted previously, actual tenant requirements may dictate changes in the internal layout of the proposed floor plans which may reduce the expanded building's increase in commercial net leasable area and its affordable housing mitigation require- ment. In the event required, a revised net leasable area takeoff will be provided at building permit, and the expanded building's Affordable Housing Credit requirement adjusted accordingly. Extinguishment of the Credits will occur in connection with building permit issuance. The increase in the building's commercial net leasable area will require the provision of 3.48 parking spaces calculated as follows. 3,479 New Net Leasable Area _ 1,000 Sq. Ft. = 3.48 32 3.48 x 1 Space/1,000 Sq. Ft. = 3.48 Spaces Pursuant to Section 26.515.030 of the Regulations, this parking requirement may be met via a cash -in -lieu payment. Based on the requirements of Section 26.515.050. C. L, , the amount of the payment is $104,400.00 calculated as follows. $30,000.00/Space x 3.48 Spaces = $104,400.00 Again, this figure may be adjusted prior to building permit issuance to reflect the expanded building's actual increase in commercial net leasable area. The Applicant will make the required cash -in -lieu of parking payment at building permit issuance. Pursuant to Section 26.575.030.B. of the Regulations, all commercial develop- ment within the CC, Commercial Core zone district is required to provide public amenity space in an amount equal to 25 percent of the project site. In lieu thereof, off-site public amenity space can be provided or a payment -in -lieu can be made to the City subject to HPC approval. For redevelopment of parcels on which less than 25 percent public amenity space currently exists, the Regulations provide that the existing percentage is the effective requirement provided no less than 10 percent is required. Based on the above, approximately 1,567 square feet of public amenity space would normally be required unless the amount were reduced by the HPC as provided for in Section 26.575.030.D.1. As the Existing Public Amenity Space plan on the following page illustrates, approximately 604 square feet, or 9.6 percent of the project site, presently complies with the applicable design standards for public amenity space. As the existing percentage is less than 10 percent, the proposed development's effective public amenity space requirement is 10 percent. As the Proposed Public Amenity Space plan illustrates, approximately 216 square feet, or 3.4 percent of the project site, will comply with the Regulations' public amenity 33 p®SS 1;r 1,1111 II)P11 ;'i'k!'ifall'sit ( - lOm 60 970/9 S5 EAST A 147B5R(f)T970 /910ASP EK011.23.2015 29 OLORA00 97911 _ EXISTING PUBLIC AMENITY SPACE �„,a 1 I I �I � I I I I � I I I� I I I I I I I I I I II � I I I I I I I I I I I I 1 I I I � I I I I I I I I I II I I I I I I I I I I I I I I I I I I I II I I I 1 I 1 ------------ I \ 1 p®SS 1;r 1,1111 II)P11 ;'i'k!'ifall'sit ( - lOm 60 970/9 S5 EAST A 147B5R(f)T970 /910ASP EK011.23.2015 29 OLORA00 97911 _ EXISTING PUBLIC AMENITY SPACE �„,a 1 I I �I � I I I I � I I I� I I I I I I I I I I II � I I I I I I I I I I I I 1 I I I � I I I I I I I I I II I I I I I I I I I I I I I I I I I I I II I I I 1 I 1 p®SS 1;r 1,1111 II)P11 ;'i'k!'ifall'sit ( - lOm 60 970/9 S5 EAST A 147B5R(f)T970 /910ASP EK011.23.2015 29 OLORA00 97911 _ EXISTING PUBLIC AMENITY SPACE �„,a ASPEN, CO p0S$ i,l;t;# 111 I c; 11 11 l , }I (!i\!II\1t; �d�y PROPOSED PUBLIC AMENITY SPACE j ,! 605 EAST MAIN STREET ASPEN, COL RAO0 81611 { 1TI 9]0/925 4H 55 (F) 9]0/920 2950 vs=to' t7291S rom uo 1y 11.23.2015 1 1, IVtN01511191 iY \ � u ASPEN, CO p0S$ i,l;t;# 111 I c; 11 11 l , }I (!i\!II\1t; �d�y PROPOSED PUBLIC AMENITY SPACE j ,! 605 EAST MAIN STREET ASPEN, COL RAO0 81611 { 1TI 9]0/925 4H 55 (F) 9]0/920 2950 vs=to' t7291S rom uo 1y 11.23.2015 1 1, IVtN01511191 iY requirements following the expansion of the building's footprint. The Applicant requests that the remaining 6.6 percent requirement be met via a cash -in -lieu payment as provided for in Section 26.575.030.C.3. of the Regulations. Based on the land value multiplier of $100.00 per square foot contained in Section 26.575.030.E., the value of the project site for cash -in -lieu calculations is $626,900.00 calculated as follows. $100.00/Sq. Ft. x 6,269 Sq. Ft. = $626,900.00 As a result, the requested 6.6 percent reduction in public amenity space will require a cash -in -lieu payment of approximately $41,375.00 calculated as follows. $626,900.00 x 0.066 = $41,375.40 The Applicant will make the required cash -in -lieu of public amenity payment at building permit issuance. Please note that a cash -in -lieu payment was approved, in connection with the prior project, and that the Parks Department indicated that the payment could be used to offset municipal costs incurred in connection with various improvements to the City's mall areas. The use of the cash -in -lieu payments for such purposes is specifically provided for in Section 26.575.030.E. of the Regulations. Given the limited ability to provided reasonably useable public amenity space within the project site, and the various improvements which are currently being considered for the malls, the Applicant's request to meet the remainder of the proposed development's public amenity requirement via a cash -in -lieu payment is appropriate. As the Proposed Site Plan illustrates, the Applicant proposes to make several improvements to the adjacent streetscape to mitigate the additional trips generated by the building's expanded net leasable area. More specifically, the existing sidewalk ramp at the Cooper Avenue/Hunter Street intersection will be replaced with bi-directional, ADA compliant ramps meeting applicable Engineering Department requirements. The adjacent 36 fire hydrant and light pole will be relocated by the Applicant to accommodate the new ramps. In addition, a landscape buffer meeting applicable Engineering Department requirements will be provided in connection with the installation of a new detached sidewalk along the property's Hunter Street frontage. The existing sidewalk snowmelt system will be modified or replaces as may be required. The proposed development complies with all of the dimensional requirements of the CC, Commercial, Zone District except for its minimum required ground floor to second floor height and its minimum required public amenity space. As Table 2, below, indicates, both its cumulative floor area and its commercial floor area are significantly less than the maximum allowed. Building heights are also less than or equal to that which is allowed. The building's existing ground floor to second floor height predates the current requirement, and the Applicant proposes to satisfy the project's remaining public amenity requirement via a cash -in -lieu payment. The project's development data, and its compliance with the CC zone district's dimensional requirements, is summarized in Table 2, below. Table 2 Development Data Easterly 2.5 Feet of Lot Q, Lots R and S, Block 95, Aspen Townsite 1. Existing Zoning 2. Existing Lot Size (Sq. Ft.)' 3. Existing Lot Area for Density/Floor Area Purposes (Sq. Ft. )2 4. Existing Development Floor Area (Sq. Ft. )3 Basement Ground Floor Mezzanine 37 CC, Commercial 6,269 6,269 Commercial/Residential 8,191 None 5,285 2,906 Net Leasable Area (Sq. Ft.)' 9,895 Basement 3,620 Ground Floor 4,266 Mezzanine 2,009 Net Livable Area (Sq. Ft.)' 744 5. Minimum Required Lot Size (Sq. Ft.) No Requirement 6. Minimum Required Lot Area/Dwelling Not Applicable Unit (Sq. Ft.) 7. Minimum Required Lot Width (Feet) No Requirement 8. Minimum Required Setbacks (Feet) Front Yard No Requirement Side Yards No Requirement Rear Yard No Requirement 9. Maximum Allowable Height (Feet)6 Two -Story Elements 28 Three -Story Elements' 38 10. Maximum Proposed Height (Feet)' <_ 28 11. Minimum Required Floor to Floor Heights (Feet) First Floor to Second Floor 13 Upper Floor to Ceiling Height 9 12. Existing Floor to Floor Heights (Feet) First Floor to Second Floor 12 Upper Floor to Ceiling Height 10 13, Minimum Required Pedestrian Amenity Space9 Percent 10 Area (Sq. Ft.) 627 14. Proposed Pedestrian Amenity Space 15. 1 a 3 4 s 6 7 s 9 10 11 Percent 3.4 Area (Sq. Ft.) 216 Maximum Allowable Cumulative Floor 17,240 Area @ 2.75:1 (Sq. Ft.) Proposed Cumulative Floor Area (sq. Ft.) 10,858 Maximum Allowable Commercial Floor 12,538 Area @ 2.0:1 (Sq. Ft.) Proposed Commercial Floor Area (Sq. Ft.)' 10,488 Proposed Net Leasable Commercial4 13,374 Area (Sq. Ft.) Minimum Required Parking @ 1 Space/1,00010 3.48 Sq. Ft. Net Leasable Area Proposed Parking" None Per the Improvement Survey Plat prepared by Sopris Engineering, LLC dated March 13, 2012 and updated February and April 2015. No reduction in Lot Area required due to steep slopes, rights-of-way or surface easements. Calculated pursuant to Section 26.575.020.D. Calculated pursuant to Section 26.575.020.I. Calculated pursuant to Section 26.575.020.I. and APCHA's guidelines. For properties located on the north side of a street. Maximum height may be increased to 42 feet via Commercial Design Review. Measured to top of parapet pursuant to Section 26.575.020. F. 1. Calculated pursuant to Section 26.575.030.B. Calculated pursuant to Section 26.515.010.C. Pursuant to Section 26.515.030, may be met via a cash -in -lieu payment. 9M As the Sopris Engineering report indicates (see Exhibit 4, Appendix C), water service to the proposed development will be provided via the existing 4 -inch service line that connects to the existing main in Hunter Street. The existing building contains a fire suppressant system that will be extended to include the expanded commercial areas. Sewer service will be provided from the existing sanitary sewer located in the alley at the rear of the project site. The existing service line will be inspected and a new line installed in the event required. Electric service is presently provided from an existing transformer located at the northwest corner of the building and adjacent to the alley. As the engineering report indicates, upgrading the transformer may not be feasible should the proposed expansion exceed the transformer's capacity. In the event additional electric loads required, the report recommends that service be obtained from an existing transformer located on the opposite side of the alley and immediately north of the building. If this option is not feasible, a new transformer and vault will need to be accommodated on-site. Natural gas, telephone and cable television service is also available in the alley and will be extended as may be required to serve the expanded building. Given the site disturbance that will occur as a result of the expansion of the existing building, the expansion will be classified as a "Major Design" project under the City's Urban Runnoff Management Plan. Given the building's location, the applicable drainage criteria require water quality treatment and the avoidance of adverse impacts. Stormwater detention or fee -in -lieu thereof is not required since the property is directly connected to the City's storm sewer system. A plan for meeting these requirements is described in the engineering report. A formal drainage report outlining the proposed development's Stormwater mitigation approach will be submitted for review and approval by the Engineering Department with the Applicant's building permit application. .o V. REVIEW REQUIREMENTS The proposed development requires HPC Conceptual Major Development Plan approval, Conceptual Commercial Design Review approval, a commercial GMQS allotment, and approval to vacate an existing subdivision plat and agreement. Each of these requirements is addressed in this section of the application. A. Conceptual Major Development Plan Pursuant to Section 26.415.060.A. of the Regulations, all development involving properties located within the boundaries of a Historic District requires the approval of a Certificate of Appropriateness from the HPC before a building permit can be issued by the City. As the 534 East Cooper property is located within the Commercial Core Historic Overlay District, the receipt of a HPC Certificate of Appropriateness is required. Pursuant to Section 26.415.070.D., a Certificate of Appropriateness for a major development such as that proposed by the Applicant requires the review and approval of both a conceptual and a final development plan for the project. The development plan review standards are contained in the City's Commercial, Lodging and Historic Design Objectives and Guidelines (the "Guidelines"). The Guidelines are organized to correspond to the two stages of HPC development plan review, i.e., those applicable only to conceptual review followed by those to be addressed at final review. The conceptual review design guidelines, and the proposed development's compliance therewith, are summarized as follows. 1. Street Grid a) 6.1 Maintain the established town grid in all projects. 41 grid pattern. The proposed development retains the City's established street and alley 2. Internal Walkways a) 6.2 Public walkways and through courts, when appropriate, should be designed to create access to additional commercial space and frontage, within the walkway and/or to the rear of the site. No public walkways through the property are proposed. 3. Alleys a) 6.3 Develop an alley facade to create visual interest. The ground floor entry located at the northeast corner of the expanded building is recessed, and incorporates glass and steel elements to create visual interest in the alley facade. 4. Parking a) 6.4 Structure parking should be placed within a wrap of commercial and/or residential uses. b) 6.5 Structured parking should not have a negative impact on the character of the street. No on-site parking is proposed. 5. Street Facing Amenity Space a) 6.6 A street facing amenity space shall meet all of the following requirements. • Abut the public sidewalk • Be level with the sidewalk • Be open to the sky • Be directly accessible to the public 42 • Be paved or otherwise landscaped b) 6.7 A street facing public amenity space shall remain subordinate to the line of building fronts in the commercial core. c) 6.8 Street facing amenity space shall contain features to promote and enhance its use. • Street furniture • Public Art • Historical/interpretative marker The expanded building's public amenity space is limited to a narrow strip of land located along Hunter Street between the sidewalk and building face. This area abuts and is level with the public sidewalk, is open to the sky, is paved and accessible to the public, and incorporated within the Hunter Creek sidewalk. The expanded building's proposed public amenity space will not accommodate street furniture or public art. 6. Mid -Block Walkway Amenity Space a) 6.9 Mid -Block walkways shall remain subordinate in scale to traditional lot widths. the following. b) 6.10 A mid -block walkway should provide public access to • Additional commercial space and frontage within the walkway. • Uses located at the rear of the property. These guidelines are not applicable as the proposed development will not contain a mid -block walkway. 7. Alley Side Amenity Space a) 6.11 An alley side amenity space shall be designed to have these characteristics. 43 floor levels. • Direct public access to commercial space at street or second • Maximize solar access to the alley side amenity space. • Minimize the impacts of adjacent service and parking areas. These guidelines are not applicable as the proposed development will not contain alley side amenity space. 8. Second Level Amenity Space a) 6.12 Second level amenity space should be compatible with the character of the historic district. b) 6.13 A second floor amenity space should meet all of the following criteria: • Ensure consistent public access • Be dedicated for public use • Provide a public overlook and/or interpretative marker • Be identified by a market at street level C) 6.14 Second level space should be oriented to maximize solar access and mountain views, or views of historic landmarks. d) 6.15 Second level space should provide public access by way of a visible and attractive public stair or elevator from a public street,alley or street level amenity space. These guidelines are not applicable as the proposed development will not a contain second level amenity space. 9. Front Yard Amenity Space a) 6.16 Second level dining' may be considered. b) 6.17 Front and side yard amenity space should be considered in the context of a historic one story residential type building. The proposed development does not contain front and side yards. 10. Building Setbacks a) 6.18 Maintain alignment of facades at the sidewalk's edge. b) 6.19 A building may be setback from its side lot lines in accordance with the design guidelines identified in Street and Circulation Pattern and Public Amenity Space Guidelines. The expanded building's Hunter Street facade essentially abuts the sidewalk. The proposed development does not contain traditional side yard setbacks. 11. Building Orientation a) 6.20 Orient a new building to be parallel to its lot lines, similar to that of traditional building orientations. The proposed development parallels its lots lines. The expanded building will essentially occupy its existing footprint and a small vacant area of the project site located adjacent to the Hunter Creek Sidewalk. b) 6.21 Orient a primary entrance toward the street. The expanded building's entrances are oriented to the street. 12. Building Form a) 6.22 Rectangular forms should be dominant on Commercial Core facades. b) 6.23 Use flat roof lines as the dominant roof form. c) 6.24 Along a rear facade, using building forms that step down toward the alley is encouraged. Rectangular forms are dominant on the expanded building's facades. The building's roof line is flat and steps down towards to the alley. 45 13. Two Story Scale a) 6.25 Maintain the average perceived scale of two-story buildings at the sidewalk. The proposed development is two stories at street level, and maintains a perceived scale of two -stories at the sidewalks along both Cooper Avenue and Hunter Street. 14. Height Variation a) 6.26 Building height shall be varied from the facade height of adjacent buildings of the same number of stories. The expanded building is lower in height than the adjacent three-story Cooper Avenue mixed-use building and the new three-story building that is under construction immediately behind the project site and adjacent to Hunter Street. b) 6.27 A new building or addition should reflect the range and variation in building height of the Commercial Core. The expanded building reflects the range and variation in building heights in the City's Commercial Core area. c) 6.28 Height variation should be achieved using one or more of the following: • Vary the building height for the full depth of the site in accordance with traditional lot width. • Setback the upper floor to vary the building facade profile(s) and the roof forms across the width and depth of the site. • Vary the facade (or parapet) heights at the front. • Step down the rear of the building towards the alley, in conjunction with the other design standards and guidelines. The height of the expanded building's parapet varies across its Cooper Avenue and Hunter Street facades. The building's height adjacent to Cooper Avenue .e essentially complies with the Commercial Core's traditional lot widths. The building's Hunter Street facade steps down to the alley. 15. Height Variation for Larger Sites a) 6.29 On sites comprising more than two traditional lot widths, facade height shall be varied to reflect traditional lot width. The project site essentially consists of only two lots. b) 6.30 On sites comprising two or more lots, a building shall be designed to reflect the individual parcels. These methods shall be used: • Variation in height of building modules across the site. • Variation in massing achieved through upper floor setbacks, the roofscape form and variation in upper floor heights. • Variation in building facade heights or cornice line. to west. The expanded buildings's Cooper Avenue facade varies in height from east 16. Height Adjacent to Historic Structures a) 6.31 A new building should step down in scale to respect the height, form and scale of a historic building within its immediate setting. b) 6.32 When adjacent to a one or two story historic building that was originally constructed for commercial use, a new building with the same block face should not exceed 28 feet in height within 30 feet of the front facade. • In general, a proposed multi -story building must demonstrate that it has no negative impact on smaller historic structures nearby. • The height and proportions of all facade components must appear to be in scale with nearby historic buildings. c) 6.33 New development adjacent to a single story historic building that was originally constructed for residential use shall not exceed 28 feet in height within 30 feet of the side property line adjacent to the historic structure within the same block face. 47 d) 6.34 The setting of iconic historic structures should be preserved and enhanced when feasible. • On site comprising more than two traditional lot widths, the third floor of the adjacent lot width should be set back a minimum of 15 feet from the front facade. • Step a building down in height adjacent to an iconic building. • Locate amenity space adjacent to an iconic structure. Historic buildings in the immediate site area are limited to the Bowman building which is located across from the project site and adjacent to Cooper Avenue. The proposed development is consistent in height and scale with this structure. No historic or iconic buildings abut the project site. B. Commercial Design Review Pursuant to Section 26.412.020 of the Regulations, all commercial, lodging and mixed-use development with a commercial component within the City requiring a building permit is subject to Commercial Design Review. Pursuant to Section 26.412.030, the HPC is the designated review body as the project site is located within the Commercial Core Historic District. Pursuant to Section 26.412.050.0. of the Regulations, the HPC must determine that the proposed development complies with the City's Commercial, Lodging and Historic District Objectives and Guidelines. The proposed development's compliance with the Guidelines is addressed in Section V.A. of this application. In addition, Section 26.412.060 of the Regulations requires compliance with the following design standards. 1. Public Amenity Space a) The dimensions of any proposed on-site public amenity sufficiently allow for a variety of uses and activities to occur, considering any expected tenant and future potential tenants and uses. As discussed previously, both the existing and expanded building's public amenity space is limited. The expanded building's facades essentially abut the adjacent public sidewalks. b) The public amenity contributes to an active street vitality. To accomplish this characteristic, public seating, outdoor restaurant seating or similar active uses, shade trees, solar access, view orientation and simple at -grade relationships with adjacent rights-of-way are encouraged. As redevelopment of the project site is not proposed, the ability to provide a significant amount of public amenity space meeting this review criteria is limited. C) The public amenity and the design and operating characteris- tics of adjacent structures, rights-of-way and uses contribute to an inviting pedestrian environment. The expansion of the existing building's Hunter Street facade will enhance the public sidewalk experience and increase public interaction with the storefront located adjacent thereto. d) The proposed amenity does not duplicate existing pedestrian space created by malls, sidewalks or adjacent property, or such duplication does not detract from the pedestrian environment. The proposed development's public amenity space does not duplicate existing pedestrian space created by malls, sidewalks or adjacent property. e) Any variation to the design and operational standards for public amenity, Subsection 26.575.030.F., promotes the purpose of the public amenity requirements. The expanded building's footprint essentially abuts the sidewalk which is consistent with similarly situated commercial structures in the immediate site area. As redevelopment of the existing building is not proposed, the ability to provide a significant amount of on-site public amenity space is limited. 2. Utility, Delivery and Trash Service Provision a) A trash and recycle service area shall be accommodated on all projects and shall meet the minimum size and location standards established by Title 12, Solid Waste, of the Municipal Code, unless otherwise established according to said Chapter. The existing building's trash and recycling service area will be retained as presently configured. As the Existing Utility, Trash, Recycling and Service Area plan on the following page illustrates, the existing service area abuts the alley at the rear of the building and measures approximately twenty-three feet in length and nine feet in depth, and its vertical clearance exceeds ten feet. The existing service area will be accessible to all tenants within the expanded building without having to utilize the alley for access purposes. b) A utility area shall be accommodated on all projects and shall meet the minimum size and location standards established by Title 25, Utilities, of the Municipal Code, the City's Electric Distribution Standards, and the National Electric Code, unless otherwise established according to said Chapter. The expanded building's various utility meters and pedestals will continue to be located within the existing service area. c) All utility, trash and recycle service areas shall be co -located and combined to the greatest extent practical. Utility, trash and recycle requirements will be co -located within the existing service area. d) If the property adjoins an alleyway, the utility, trash and recycle service areas shall be along and accessed from the alleyway, unless otherwise approved through Title 12, Solid Waste, of the Municipal Code, or through Chapter 26.430, Special Review. The utility/trash/recycling service area abuts the alley. 50 POSTS WIl CROSS BA IN ALLEY ASPEN, CO r os$ I I'` - ' y Od°y EXISTING UTILITY, TRASH, RECYCLING, & SERVICE AREA E,a C05 EAST MAIN STREMy A ET ASPEN, COLORADO 81611 T) 970/925 9755 (F) 970/920 2950 -0' ©Nli m�E 11.23,2015 f e) All utility, trash and recycle service areas shall be fenced so as not to be visible from the street, unless they are entirely located on an alleyway or otherwise approved through Title 12, Solid Waste, of the Municipal Code, or through Chapter 26.430, Specia/Review. All fences shall be six (6) feet high from grade, shall be of sound construction, and shall be no less than ninety percent (90%) opaque, unless otherwise approved through Chapter 26.430, Special Review. The utility/trash/recycling service area abuts the alley. Fencing is not required. f) Wherever utility, trash and recycle service areas are required to be provided abutting an alley, other portions of a building may extend to the rear property line if otherwise allowed by this Title, provided that the utility, trash and recycle area is located at grade and accessible to the alley. The existing building's rear facade abuts the alley. g) All utility service pedestals shall be located on private property. Easements shall allow for service provider access. Encroachments into the alleyway shall be minimized to the extent practical and should only be necessary when existing site conditions, such as a historic resource, dictate such encroach- ment. All encroachments shall be properly licensed. All utility pedestals will be located within the project site. h) All commercial and lodging buildings shall provide a delivery area. The delivery area shall be located along the alley if an alley adjoins the property. The delivery area shall be accessible to all tenant spaces of the building in a manner that meets the requirements of the International Building Code Chapters 10 and 11 as adopted and amended by the City of Aspen. All non - ground floor commercial spaces shall have access to an elevator or dumbwaiter for delivery access. Alleyways may not be utilized as pathways (pedestrian rights-of- way) to meet the requirements of the International Building Code. Any truck loading facility shall be an integral component of the building. Shared facilities are highly encouraged. Delivery access to all of the expanded building's commercial tenants will be provided directly from the alley. In the event the building permit submission includes multiple tenant spaces, the floor plans will demonstrate compliance will all applicable 52 accessibility requirements. Elevator access to all building levels will be provided regardless of the number of separate tenant spaces. i) All commercial tenant spaces located on the ground floor in excess of 1,500 square feet shall contain a vestibule (double set of doors) developed internal to the structure to meet the requirements of the International Energy Conservation Code as adopted by the City of Aspen, or an air curtain. In the event required, the expanded building's ground floor commercial spaces will contain an internal vestibule which meets the requirements of the Internation- al Energy Conservation Code or an air curtain, the specifics of which will be depicted at building permit. D Mechanical exhaust, including parking garage ventilation, shall be vented through the roof. The exhaust equipment shall be located as far away from the street as practical. The expanded buildings' mechanical exhausts will be vented though its roof and setback from the street. k) Mechanical ventilation equipment and ducting shall be accommodated internally within the building and/or located on the roof, minimized to the extent practical and recessed behind a parapet wall or other screening device such that it shall not be visible from a public right-of-way at a pedestrian level. New buildings shall reserve adequate space for future ventilation and ducting needs. As the expanded building's Proposed Roof Plan illustrates, its rooftop mechanical equipment will be setback a minimum of fifteen feet from both Cooper Avenue and Hunter Street, and screened from view from the adjacent public right-of- ways at pedestrian level. 1) The trash and recycling service area requirements may be varied pursuant to Title 12, Solid Waste, of the Municipal Code. All other requirements of this subsection may be varied by special review (see Chapter 26.430.040.E., Utility and delivery service area provisions). 53 Special review approval to vary the City's requirements with respect to utility/trash/recycling service areas is not believed to be required. Should such review be required, the Applicant will amend this application to address applicable variance requirements. C. Growth Management The Applicant request approval to remove the existing building's deed restricted affordable housing unit and to expand the building's commercial net leasable area. Each of these approval requirements is addressed below. 1. Demolition or Redevelopment of Multi -Family Housing. Pursuant to Section 26.470.070.5.2) of the Regulations, the demolition of existing affordable multi -family housing units requires the provision of replacement affordable housing that houses no less than the number of employees housed by the demolished units. By definition, one or more dwelling units in a mixed-use building is considered a multi -family dwelling. In addition Section 26.470.070.5.(4) requires that the replacement housing be provided on the same site on which demolition occurs unless it can be demonstrated that either i) the replacement would be in conflict with the property's zoning or ii) would be an inappropriate solution due the property's physical constraints. These two sections of the Regulations effectively require that the existing building's one -bedroom affordable housing unit be retained or replaced on-site with an equivalent unit housing the same number of employees, in this case 1.75 employees. As discussed in Section III of this application, there is ample evidence that the existing affordable housing unit was voluntarily provided and was not required for GMQS mitigation purposes. In addition, its deed restriction permits the removal of the restriction subject to the approval of the Pitkin County Board of Commissioners 54 ("BOCC"), and the removal of the unit or its modification so as to prohibit its occupancy as a dwelling unit as such is defined in the Pitkin County Land Use Code. Please note that Cindy Christensen at the Aspen/Pitkin County Housing Authority has confirmed that the references to the BOCC and to the County's Land Use Code are scriveners errors that should read the Aspen City Council and the Aspen Land Use Regulations, respectively. It should also be acknowledged that the Applicant proposes to forgo the construction of the previously approved third floor addition and free market residence. The existing affordable housing unit's deed restriction is obviously in conflict with the City's regulatory requirement that such units be effectively retained or replaced on-site. As the unit was voluntarily provided, was not required for mitigation purposes, and has provided the Community with a purely optional affordable housing unit for more than twenty-five years, fundamental fairness suggests that the Applicant should be allowed to remove the unit exempt from the City's regulatory requirements governing the demolition of affordable multi -family housing units. Unfortunately, the Regulations do not address the removal of such units. However, the City Council may remove the deed restriction at which point the Applicant could then remove its kitchen and bath which would preclude its occupancy as a dwelling unit. As a result, a multi -family affordable housing unit would no longer remain which would be subject to the Regulations replacement provisions. A requirement that the existing unit be retained or replaced on-site would truly give credence to the adage that "no good deed goes unpunished". The Applicant respectfully requests that the Council rescind the existing deed restriction and permit the removal of the unit. 2. Expansion of New Commercial Development. Pursuant to Section 26.470.070.6. of the Regulations, the expansion of an existing commercial building is subject to review and approval based on the general requirements outlined in 55 Section 26.470.050.B. The applicable requirements, and the proposed development's compliance therewith, are summarized below. a) Sufficient growth management allotments are available to accommodate the proposed development pursuant to Section 26.47O.O3O.D. Applications for multi-year development allotments, pursuant to Section 26.470.0- 90.1. shall not be required to meet this standard. Sufficient commercial net leasable area is believed to be available to accommodate the proposed development. The annual allotment is 33,300 square feet of net leasable area. b) The proposed development is compatible with land uses in the surrounding area, as well as any applicable adopted regulatory master plan. The proposed development is consistent with land uses in the surrounding area which can be characterized as a vibrant, mixed-use neighborhood containing a variety of commercial, office and residential uses. No adopted regulatory master plan is believed to apply to the development of the project site. c) The development conforms to the requirements and limitations of the zone district. The proposed development has been designed in conformance with the applicable requirements of the CC, Commercial Core, zone district. No variances from the district's dimensional requirements are required. d) The proposed development is consistent with the Conceptual Historic Preservation Commission approval, the Conceptual Commercial Design Review approval, and the Planned Development - Project Review approval, as applicable. Conceptual HPC Major Development/Commercial Design Review approval is requested in this application. 56 e) Unless otherwise specified in this Chapter, sixty (60) percent of the employees generated by the additional commercial or lodge development, according to Section 26.470.100.A., Employee Generation Rates, are mitigated through the provision of affordable housing. The employee generation mitigation plan shall be approved pursuant to Section 26.470.070.4., Affordable Housing, at a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower Category designation. If an applicant chooses to use a Certificate of Affordable Housing Credit as mitigation pursuant to Chapter 26.540, such Certificate shall be extinguished pursuant to Chapter 26.540.90, Criteria for Administrative Extinguishment of the Certificate. The proposed development's additional commercial net leasable area and its required affordable housing mitigation is addressed in Section IV of this application. The Applicant proposes to provided the required affordable housing mitigation via the purchase and extinguishment of Certificates of Affordable Housing Credit in an amount sufficient to mitigate 7.61 Category 4 employees as provided for in Section 26.470.50.B. 3. of the Regulations. f) Affordable housing Net Livable Area, for which the finished floor level is at or above Natural or Finished Grade, whichever is higher, shall be provided in an amount equal to at least thirty (30) percent of the additional free- market residential Net livable Area, for which the finished floor level is at or above Natural or Finished Grade, whichever is higher. The proposed development does not contain free market residential units. g) The project represents minimal additional demand on public infrastructure, or such additional demand is mitigated through improvements proposed as part of the project. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking, and road and transit services. No adverse impact on the City's public infrastructure is expected as a result of the proposed modest expansion of the existing building. All required improvements to the City's infrastructure associated with the proposed expansion will be undertaken and paid for by the Applicant. 57 D. Subdivision/Plat Vacation The proposed development does not require subdivision approval. The prior project, however, was subject to subdivision review as it contained both commercial net leasable area and a free market residential unit for which condominiumization approval was required to permit its sale. In connection therewith, both a subdivision plat and a subdivision agreement were recorded. As subdivision approval is no longer required, the Applicant proposes to vacate both the existing plat and agreement upon the receipt of all required land use approvals for the proposed development. Pursuant to Section 26.480.090.E., the vacation of an approved plan and any other documents recorded in conjunction therewith is reviewed by the review body which approved the plat and associated documents. As subdivision approval for the prior project was granted by the City Council, the Council is responsible for approving the requested vacations. While Section 26.480.090.E. does not contain any specific review criteria for vacating a subdivision plat and agreement, a demonstration of good cause is required. The Applicant's removal of the third floor penthouse and the City's approval of the proposed development is believed to be sufficient to demonstrate such cause. E. Transportation Impact Analysis The required Transportation Impact Analysis ("TIA") is attached as Exhibit 1, Appendix D. As presently configured, the proposed development will generate 14.4 vehicular trips. The MMLOS measures to be undertaken by the Applicant will mitigate ten of these trips. As discussed previously, the expanded building may ultimately contain more than a single tenant space, in which case accessibility requirements (e.g., additional corridors, etc.) will likely reduce its net leasable area and associated trip generation. The Applicant proposes to update the net leasable area calculations and TIA in connection with building permit submission. Should unmitigated trips remain, the Applicant proposes to may a cash -in -lieu payment as provided for in the TIA Guidelines. 59 �1111610•' • AN APPLICATION FOR CONCEPTUAL MAJOR DEVELOPMENT PLAN APPROVAL FOR 534 EAST COOPER AVENUE Submitted by: Thor 534 East Cooper Avenue, LLC c/o Thor Equities, LLC 25 West 39th Street New York, NY 10018 (212) 529-7415 November 25, 2015 Prepared by: VANN ASSOCIATES, LLC Planning Consultants P.O. Box 4827 Basalt, Colorado 81611 (970) 925-6958 PROJECT CONSULTANTS Sunny Vann Vann Associates, LLC P.O. Box 4827 Basalt, CO 81621 (970) 925-6958 ARCHITECT Les Rosenstein Poss Architecture + Planning 605 East Main Street Aspen, CO 81611 (970) 925-4755 ATTORNEY Gideon Kaufman, Esq. Kaufman, Dishler & McAllister, P.C. 315 East Hyman Avenue, Suite 305 Aspen, CO 81611 (970) 925-8166 1 SURVEYOR Mark S. Beckler, L.S. #28643 Sopris Engineering, LLC 502 Main Street, Suite A3 Carbondale, CO 81623 (970) 704-0311 CIVIL ENGINEER Yancy Nichol, P.E. Sopris Engineering, LLC 502 Main Street, Suite A3 Carbondale, CO 81623 (970) 704-0311 TABLE OF CONTENTS Section Page I. INTRODUCTION 1 II. PRIOR APPROVALS 2 III. PROJECT SITE 4 IV. PROPOSED DEVELOPMENT 8 V. REVIEW REQUIREMENTS 41 A. Conceptual Major Development Plan 41 B. Conceptual Commercial Design Review 48 C. Growth Management 54 D. Subdivision Plat/Agreement Vacation 58 E. Transportation Impact Analysis 58 APPENDIX A. Exhibit 1, Pre -Application Conference Summary Exhibit 2, Special Warranty Deed Exhibit 3, Permission to Represent Exhibit 4, Land Use Application Form Exhibit 5, Dimensional Requirements Form Exhibit 6, Application Fee Agreement Exhibit 7, Homeowners Association Compliance Policy Form ii TABLE OF CONTENTS Section APPENDIX Page Exhibit 8, List of Adjacent Property Owners B. Exhibit 1, HPC Resolution No. 16, Series of 2012 Exhibit 2, P&Z Resolution No. 10, Series of 2013 Exhibit 3, City Council Ordinance No. 26, Series of 2013 Exhibit 4, HPC Resolution No. 9, Series of 2014 Exhibit 5, Development Order Exhibit 6, Subdivision Agreement Exhibit 7, Subdivision Plat C. Exhibit 1, COMDEV 1987 P&Z and City Council Memorandums Exhibit 2, COMDEV 1995 P&Z Memorandum Exhibit 3, Affordable Housing Unit Deed Restriction Exhibit 4, Existing Site Plan, Floor Plans and Elevations Exhibit 5, Sopris Engineering Report D. Exhibit 1, Transportation Impact Analysis iii I. INTRODUCTION The following application requests Conceptual Historic Preservation Commission ("HPC") Major Development Plan and Commercial Design Review approval for an expansion of an existing mixed-use commercial building, commonly referred to as the "Boogie's Building", located at 534 East Cooper Avenue in the City of Aspen (see Pre - Application Conference Summary, Exhibit 1, Appendix A, attached hereto). A Growth Management Quota System ("GMQS ") allotment for the expanded building's additional net leasable commercial area, and approval to remove an existing on-site affordable housing unit and to vacate an existing subdivision plat and agreement, is also requested. As the Pre -Application Conference Summary indicates, the City Council as opposed to the HPC will be responsible for the review and approval of the requested GMQS allotment as the review process has been modified by the Community Development Department ("COMDEV") as provided for in Section 26.304.060.B.1., Modification of Review Procedures, of the Aspen Land Use Regulations (the "Regula- tions"). The City Council will also review the requested removal of the affordable housing unit and the vacation of the subdivision plat and agreement. The application is submitted pursuant to Sections 26.412.040, 26.415.070.D., 26.470.070.5., 26.470.070.6. and 26.480.090.E. of the Regulations by Thor 534 East Cooper Avenue, LLC (hereinafter "Applicant"), the owner of the property (see Special Warranty Deed, Exhibit 2, Appendix A). Permission for Vann Associates, LLC, Planning Consultants, to represent the Applicant is attached as Exhibit 3, Appendix A. A Land Use Application Form, Dimensional Requirements Form, Application Fee Agreement, Homeowners Association Compliance Policy Form, and a list of property owners located within three hundred feet of the project site are attached as Exhibits 4, 5, 6, 7 and 8, respectively. 1 The application is divided into five sections. Section I provides a brief introduction to the application, while Section II discusses the property's prior approval history. Section III of the application describes the project site while Section IV outlines the Applicant's proposed development. Section V addresses the proposed development's compliance with the applicable review requirements of the Regulations. For the reviewer's convenience, all pertinent supporting documents relating to the project (e.g., copies of prior approvals, engineering report, etc.) are provided in the various appendices to the application. While we believe we have addressed all relevant provisions of the Regulations, and provided sufficient information to enable a thorough evaluation of the application, questions may arise that require further information and/or clarification. We will provide such additional information or clarification as may be required in the course of the application's review. LOMMU ITOWKW� The Boogie's Building is the recipient of several prior land use approvals which together permit various changes to the existing building, a minor expansion of its commercial net leasable area, and the development of a new third floor addition containing a free market residential dwelling unit. The approvals also permit the reconfiguration of the building's existing deed restricted affordable housing unit. More specifically, Conceptual Major Development and Commercial Design Review approval was granted for the project on July 11, 2012 pursuant to HPC Resolution No. 16, Series of 2012 (see Exhibit 1, Appendix B). Growth management allotments for the project's free market residential unit and its expanded commercial net leasable area were approved by the Planning and Zoning Commission ("P&Z") on April 16, 2013 pursuant to Resolution No. 10, Series of 2013 (see Exhibit 2, Appendix B). 2 Subdivision approval for the project was granted by the City Council on July 22, 2013 pursuant to Ordinance No. 26, Series of 2013 (see Exhibit 3, Appendix B). Final Major Development and Commercial Design Review approval was granted by the HPC on March 12, 2014 pursuant to Resolution No. 9, Series of 2104 (see Exhibit 4. Appendix B). A Development Order for the above approvals was issued by COMDEV on March 17, 2014, with an effective date of March 20, 2014 (see Exhibit 5, Appendix B). A Subdivision Agreement memorializing the approvals was recorded on November 6, 2014 as Reception No. 615172 in the Office of the Pitkin County Clerk and Recorder (see Exhibit 6, Appendix B). A Final Plat of the Boogie's Building of Aspen Subdivision was recorded concurrently with the Agreement in Plat Book 108 at Page 49 (see Exhibit 7, Appendix B). As the Development Order and Agreement indicate, the various approvals are presently vested until March 20, 2017. The Applicant acquired the 534 East Cooper property in May of this year. As the Applicant proposes to develop the property in a different manner than that which was previously approved, new land use approvals are required. The Applicant will vacate the property's prior approvals and their associated development rights upon the receipt of all required land use approvals for the new project. The vacation of the previously recorded Subdivision Agreement and Final Plat will require City Council approval pursuant to Section 26.480.090.E. of the Regulations. As the Pre -Application Conference Summary indicates, the vacation of the Agreement and Plat, and their associated land use approvals, will occur in connection with the City Council call-up notice required pursuant to Section 26.415.120.B. of the Regulations and concurrent with Council's review of the requested GMQS allotment. The Community Development Department, however, has agreed to condition the vacations upon the Applicant's receipt of Final Major Development Plan and Commercial c Design Review approval for the new project and the receipt of a Development Order therefor. III. PROJECT SITE The project site is legally described as the easterly 2.5 feet of Lot Q and all of Lots R and S, Block 95, City and Townsite of Aspen (Parcel ID No. 2737-182-24-008), and is located at the northwest corner of East Cooper Avenue and South Hunter Street. As the Improvement Survey on the following page illustrates, the property contains approximately 6,269 square feet square feet of "Lot Area ", as such term is defined in the Regulations. No reductions in lot area are required due to the presence of steep slopes, right-of-ways or surface easements. The property is zoned CC, Commercial Core, and is located within the City's Commercial Core Historic District. Existing improvements to the property consist of a two-story masonry building with a subgrade basement. The building's ground floor is presently occupied by the Boogie's retail clothing store. A partial second floor contains the former Boogie's Diner restaurant, its kitchen, and a one -bedroom, deed restricted affordable housing unit. An outdoor deck abuts the restaurant and was used for additional restaurant seating. The basement contains the building's mechanical rooms and multiple storage areas for the retail store and former restaurant. Various interior stairways and a small elevator provide access between the building's basement, ground floor and mezzanine. An additional stairway, which is accessed from the Hunter Street sidewalk, provides access to the affordable housing unit. A covered utility/trash/recycle area abuts the alley at the rear of the building. The existing building was constructed in 1987, the development right for which was derived from the demolition of the Shaft Restaurant building which previously occupied the property. A commercial GMQS allotment was not required as the resulting 0 LOTS .._.-._.-.., HYMAN AVENUE -V r FOUND 1.2' "A"O"I L5.128693 AN0125 CAP LS 12326 ( wUN012'I8RASS 01511 1 3A' WITNESS WANEAy3 :LOT# LOTS LOTC EDTD WEE I FOUND I.2 BRASS dSX ^� ("( iOUND N3 t5 X28649 NEBAR(BENT) 1 y1 F L BLOCK95A �/OUNO 1.2( BRASS DISK 3.0'WRNESSCORNER I ILS 928613 LOTK i SDTL LOTM LOTN # LOT 1OrP L DISK II FB 1 Fou NO BRASS OLSK i LS AIrA3 "- FOUN012' BRASS DISK LS. 1128643 IMPROVEMENT SURVEY PLAT -TOPOGRAPHICAL MAP OF: BOOGIE'S BUILDING OF ASPEN SUBDIVISION A PARCEL OF LAND SITUATED IN THE NWY4 OF SECTION 18, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M. CITY OF ASPEN COUNTY OF PIKIN STATE OF COLORADO ARCIN 2009) to GEV 0T4 -� TIONOF5. GALENA Sr. o S PKINFS, CAN PEDESTAL 9 HOUND S8ARAN.1-'CAP ' .. ........._. lA'WIT�ESSRECORNEA LS, 928643 - - f ELECFRICMETER I \d. I Q ! (LTH LOTI LOT JOTR I LOTC SEWER MANHOLE F D#SREBAA iA CURBSTOP LS. RLEGIBLE i WATER VALVE (BE IN91 FOUNOR.2"BRASS DISK A .. GAS METER i LS. x28643 ELECTRIC MANHOLE f FOUN95 WATER MANHOLE / REBAAAND i DRYWELL ¢ 3,25,'BRASSCM tiK � LOT a, LOT E LOTK I LOTt � IOTM � UOT UTILITY MANHOLE FOUNDAS RFeARANDY25' CURB INLET STRUCTURE a I 0899 CAP; f LS`. 919598-__- UNDERGROUNDCATV i d�S FOUN81.2°BRASS DISK UNDERGROUND ELECTRIC A286t3 F-.-.-. SEWER LINE - FOUNFIRS gp pI GPR2(MARO"""' /IMERSEU NT -5. GA1Ef9A ST. ANO EWRANi)1VE LOT#COT8 LOTC ? LOT LOT E I LOTF - LOTG I LOTH LOTI I PROPOSEDAEC. BUILDING FOOTPRINT CONTROL iE-- MAP PER REC. #615173 ��-E ("� W EXISTING CONDITIONS LEGEND -� STREEET/PARKING SIGN o BALLARD ® CAN PEDESTAL M TELEPHONE PEDESTAL 13 ELECFRICMETER R7 ELECTRICTRANSFORMER E SEWER CtEANOUF ® SEWER MANHOLE YP CURBSTOP W 124 WATER VALVE - PAY WATER HYDRANT pQ GAS METER ® ELECTRIC MANHOLE ® WATER MANHOLE ® DRYWELL SD TELEPHONE MANHOLE ® UTILITY MANHOLE is CURB INLET STRUCTURE - -uc- UNDERGROUNDCATV ,t - UNDERGROUND TELEPHONE -un -un- UNDERGROUND ELECTRIC - SEWER LINE ER AVENUE WATER LINE -u9 -u0- GAS LINE X7925.0' SPOT ELEVATION SIZE -TRUNK DIA' X DRIPUNE RAD' DECIDUOUSTREE GRAPHIC SCALE La o s m m a IN FEET) 1 Inch= 10 ft. GENERAL UTILITY NOTES: 1. The locations of underground utilities have been plotted based on utlllty maps, construction/design plans, other information provided by utility companies and actual field locations in some instances. These utilities, as shown, may not represent actual field conditions. It is the responsibility of the contractor to contact all utility companies for field location of utilities prior to construction. NOTICE: AUtMOiXGT00090MDO D9W TW MiRTCOMMENCf ANY1EGAL ASPEN CORE VENTURES wuNurznEeaR :, ❑ / ` t HUNTER LLC ASSESSOR PARCELNo,2771R224004---1. - `(DENNASSESSOR FARCE ----- -----411BEASTC66PER AVENUE - ' ASPEN 0081611 PARXINa : i x :5 No. 27371822 LOT I 490 WILLIAMS STR LOT G LOT H SrAT9oN - ' o so21 GRAVEIPARKING lOT - - :• , , ENYER CO A_ Ut °'-. .. ._ ,,., ue .. - ue t 1 _ BOUNDARY LOT Q BLOCK95 a oPD ARu AT Snurr LEVEL SET A5 REBAR 235' & PLASTIC WITNESS CAP LOT LS. #28643 BLOCK 95 (3.0) 30.095' - - EASTERLY 2.5' OF LOT Q .--DTV DID" IDT LINE BOOGIES OF ASPEN t 534 EAST CO MULTI -STORY CON METAI & BRICK WITH 0-51 ZONING CLASSIFICATION SET 051 ; BRKI: BRASS DISC AFTAINING WAtI INCONCRETE I '+ .�„ LS.A28643 S 75'09'11" E aoa' 0.04,,. CONCACSEWALK CORE (CC) NOMN L TREE WELL 'o I Mt.) - J!. 69' SCALE 1".20W K u ig1T a�_ 8 11 s Ue Ut 929Es- _ " BIN 62.69 935 STATE OF COLORADO 17 fl SETAIUMINIi BOOGIE'S BUILDING OF ASPEN SUBDIVISION DISC W/MAGNETI Y$ F•,< 108 PAGE 49) NAIL IN ASPHALTPARONG LS. 928643 $ - PAY m LOT S BLOCK 95 STATIO �t 1) DATE OF SURVEY: MARCH 9-12,2012. UPDATED FEBRUARY 6, 2015. UTILITY MARKINGS LOCATED 30.096' 69 ( t_ I 2) DATE OF PREPARATION: MARCH 9-13, 2012. UPDATED FEBRUARY 2015. UPDATED WITH NEW TOLE COM MITM ENT APRIL 2015. 3) BASIS OF BEARING: ABEARING OF 575'09'11" E FROM THE NORTHWEST BOUNDARY CORNER OF I i BLOCK 95, MONUMENTED BY A FOUND 1.2" BRASS CAP IN A STONE STEP I.S. 28643 AND THE IILDING L5. #28643 (1.0), AS SHOWN ON THE CONTROL MAP. IDIVISION THE CITY OF ASPEN GPS CONTROL MONUMENTATION 2009 SURVEY PREPARED BY MARCIN ENGINEERING LLC, ER AVENUE NOVEMBER 6, 2014 AS RECEPTION NO. 615173: VARIOUS DOCUMENTS OF RECORD; AND THE FOUND MONUMENTS AS NOTED.. 5) THIS SURVEY DOES NOT CONSTITUTE ATTTLE SEARCH BY SOPRIS ENGINEERING, LLC (SE) TO DETERMINE SET 051 ; BRKI: BRASS DISC AFTAINING WAtI INCONCRETE I '+ .�„ LS.A28643 S 75'09'11" E aoa' 0.04,,. CONCACSEWALK CORE (CC) NOMN L TREE WELL 'o I Mt.) - J!. 69' SCALE 1".20W K u ig1T a�_ 4.s ♦y LA' V.11 `iat 1.03' TRASH 29 yA �+bd " BIN COUNTY OF PITKIN STATE OF COLORADO 911. fl 62.69': BOOGIE'S BUILDING OF ASPEN SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 6, 2014 AS RECEPTION NO. 615173 (PLAT BOOK Y$ F•,< ASPEN GROVE ASSOCIATES LLP STEIN BUILDING ASSESSOR PARCEL No.273718222002 ASSESSOR PARCEL No.273718222003 M&W PROPERTIES NJ STEIN LLC 205 S MILL Sr #301A 418 EAST COOPER AVENUE L. LOT G ASPEN CO 81601 LOT H ASPEN CO 83611 LOT 1 BLOCK 96 _. ...--- -_. BLOCK 96 ' _. BLOCK 96 _. REVOLUTION PARTNERS LLC ASSESSOR PARCEL No.273718225023 P.O. BOX 1247 ASPEN CO 81612 M 5002 EET > •S%�_Y§.t''� yv '}"t `-� fl _ xt: •Ns � i V ' T t �}� 15 I � / .'-� i �. � ���'+ks oma. # � ra t x f I�vMd •,. 5I ---iii�,tr,_y�rx,.�s•rS Jr,4j�ig f '9'�r� Q VICINITY MAP SCALE 1".20W PROPERTY DESCRIPTION THE EASTERLY Z J FEET OF LOT Q, AND ALLOF LOTS R &S, BLOCK 95 CITY AND TOW NSFTE OF ASPEN COUNTY OF PITKIN STATE OF COLORADO ALSO DESCRIBED AS BOOGIE'S BUILDING OF ASPEN SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 6, 2014 AS RECEPTION NO. 615173 (PLAT BOOK Y$ F•,< 108 PAGE 49) m NOTES 1) DATE OF SURVEY: MARCH 9-12,2012. UPDATED FEBRUARY 6, 2015. UTILITY MARKINGS LOCATED BETWEEN 2008 AND 2011. UPDATED WITH BUILDING HEIGHTS APRIL 2015. I 2) DATE OF PREPARATION: MARCH 9-13, 2012. UPDATED FEBRUARY 2015. UPDATED WITH NEW TOLE COM MITM ENT APRIL 2015. 3) BASIS OF BEARING: ABEARING OF 575'09'11" E FROM THE NORTHWEST BOUNDARY CORNER OF I i BLOCK 95, MONUMENTED BY A FOUND 1.2" BRASS CAP IN A STONE STEP I.S. 28643 AND THE THE NORTHEAST BOUNDARY CORNER MONUMENTED BY A FOUND #5 REBAR & PLASTIC WITNESS CAP L5. #28643 (1.0), AS SHOWN ON THE CONTROL MAP. 41 BASIS OF SURVEY: THE CITY OF ASPEN OFFICIAL MAP PREPARED BY G.E. BUCHANAN DATED 12/12/59; THE CITY OF ASPEN GPS CONTROL MONUMENTATION 2009 SURVEY PREPARED BY MARCIN ENGINEERING LLC, WITH A REVISED DATE OF MAY 7,2010; THE PIAT OF BOOGIE'S BUILDING OF ASPEN SUBDIVISION RECORDED NOVEMBER 6, 2014 AS RECEPTION NO. 615173: VARIOUS DOCUMENTS OF RECORD; AND THE FOUND MONUMENTS AS NOTED.. 5) THIS SURVEY DOES NOT CONSTITUTE ATTTLE SEARCH BY SOPRIS ENGINEERING, LLC (SE) TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD. FOR ALL INFORMATION REGARDING EASEMENTS, RIGHTS OF WAY AND/09 MU OF RECORD, SE RELIED UPON THE ABOVE SAID PLATS/MAPS DESCRIBED IN NOTE 4, AND THE TITLE COMMITMENT PREPARED BY STEWART TILE GUARANTEE COMPANY -ASPEN FILE No. 01330-54037-C4 HUNTER PLAZA WITH AN EFFECTIVE DATE OF MARCH 16, 2015. ASSOCIATES LLP ASSESSOR PARCEL 61 BASIS OF ELEVATION: AN NAVD 88 ELEVATION OF 7720.88 FEET ON THE NGS STATION S-159, BEING PART No 273718225005 OFTHE CITY OF ASPEN GPS CONTROL MONUMENTATION 2009 SURVEY PREPARED BY MARCIN ENGINEERING 20550UTH MILL STREET LLC, WHICH ESTABLISHEDA PROJECT SPECIFIC BENCHMARK ELEVATION OF 7921.3 FEET ON THE SET ASPEN CO $1611 115" BRASS CAP IN CONCRETE MONUMENHNG THE SOUTHEAST BOUNDARY CORNER OF LOT S, BLOCK 95, __. __..... AS SHOWN. ' 7) CONTOUR INTERVAL: THE SITE WAS FIELD SURVEYED FOR A 1.0' CONTOUR INTERVAL. THIS FIELD DATA WAS MODELED TO THE SHOWN 0.50' CONTOUR INTERVAL °`--- THIS CONTOUR INTERVAL WITH SPOT ELEVATIONS WAS DEVELOPED TO BETTER DEMONSTRATE THE CURRENT SITE DRAINAGE PATTERNS. 8) FLOOD ZONE X=AREAS DETERMINED TO BE OUTSIDE THE 500•YEAR FLOODPLAIN AS DELINEATED BY THE FEMA/FIRM MAPPING DATED JUNE4,1987 (MAP NO.08097CO2D4 C). 91 GROUND COVER AT THE TIME OF SURVEY: 0 -2"+/ -OF ICE IN THE ALLEY. - 10) THE BOUNDARY UNE DESCRIBED IN THE SUBJECT PROPERTY DEED AND THE BOUNDARY LINE OF THE �'-- ADJOINING ASPENHOF CONDOMINIUM MAP OVERLAP BY GAS', THERE IS NO APPARENT BUILDING ENCROACHMENT. SURVEYOR'S CERTIFICATE _ I, MARK S. BECKLER, HEREBY CERTIFY TO AAREAL CAPITAL CORPORATION, A DELAWARE CORPORATION, ITS SUCCESSORS AND ASSIGNS, THOR 534 EAST COOPER AVENUE ILC, A DELAWARE LIMITED LIABILITY COMPANY, KENSINGTON VANGUARD NATIONAL LAND SERVICES AND STEWARTTFTLE GUARANTY COMPANY, THAT THIS IS AN 'IMPROVEMENT SURVEY PLAT' AS DEFINED BY C.R.S. § 38-51-102(9), AND THAT IT IS A MONUMENTED LAND SURVEY SHOWING THE CURRENT LOCATION OF ALL STRUCTURES, WATER COURSES, WATER FEATURES AND/OR BODIES OF WATER, FLOOD PLAIN, VISIBLE ROADS, TRAILS, VISIBLE UTILITIES, FENCES, HEDGES, OR WALLS SITUATED ON THE DESCRIBED PARCEL AND WITHIN FIVE FEET OF ALL BOUNDARIES OF SUCH PARCEL, ANY CONFLICTING BOUNDARY EVIDENCE OR VISIBLE ENCROACHMENTS, AND ALL EASEMENTS AND RIGHTS OF WAY OF A PUBLIC OR PRIVATE NATURE THAT ARE VISIBLE, 09 APPARENT, OR OF RECORD AND UNDERGROUND UTILITIES DESCRIBE ARTTITIEGUARANTY COMPANY'S TITLE INSURANCE FILE No. 01330-54037-C4, OR OTHERSSe ON THE IMPROVEMENTSURVEY PLAT, IFURTHERMORE DOES NOT EXCEED 1:15,000. STATE, THE RELATIVE POSING55URVEY O MAR .BECKLER/ S.#2 uPjc ••. .• SOPRIS ENGIN - LLC ' CIVIL CONSULTANTS ASPENSQUARECONDOs 502 MAIN STREET, SUITE A3 PIAT BOOK 3 PAGE 365 RECEPTION No. 133472 CARBONDALE, COLORADO 81623 SHEET 1 OF 1 LOT# ...__ IU_R_ (970) 704-0311 tt Lma%ulwAa1BLs M.tlzom.oum9slvoasEXmnoe.g reconstruction credit was sufficient to accommodate the new building's commercial area. While a two-bedroom, affordable housing unit was initially included in the new building, the provision of the unit was entirely voluntary, and was not required as mitigation for the redevelopment of the property. The voluntary provision of the unit is noted in COMDEV's May 27, 1987 memorandum to the P&Z and its June 22, 1987 memoran- dum to the City Council, both of which address the then applicant's requested GMQS exemption for the proposed affordable housing unit (see Exhibit 1, Appendix Q. The voluntary provision of the unit is further noted in a COMDEV April 25, 1995 P&Z memorandum addressing the proposed expansion of the Boogie's Diner restaurant to include one of the affordable housing unit's two bedrooms (see Exhibit 2, Appendix C). As the unit had been voluntarily provided, the P&Z approved the expansion based on COMDEV's and the Aspen/Pitkin County Housing Authority's ("APCHA") recommendations. A deed restriction for the reconfigured one -bedroom unit was subsequently recorded (see Exhibit 3, Appendix C) and a cash -in -lieu payment was made to mitigate the employee generation resulting from the conversion of the affordable housing bedroom to commercial use. A payment was also made in lieu of the provision of on-site parking for the additional commercial area. The original voluntary provision of the unit was again recognized by COMDEV in 2014 in connection with its use as mitigation for the approved third floor free market residential unit. A site plan, floor plans with area takeoffs, and elevations of the existing building are attached as Exhibit 4, Appendix C. The existing building contains approximately 8,191 square feet of floor area including a portion -of its ground floor utility/trash/recycl- ing area, the depth of which exceeds four feet, and excluding its outdoor deck, the area of which is less than the maximum allowed. The building's ground floor contains approximately 5,285 square feet of floor area while its second floor contains the 1 remaining 2,906 square feet. The basement is exempt from floor area calculations as it is located 100 percent below grade. The building's existing commercial net leasable area totals approximately 9,895 square feet including its basement storage areas and associated circulation. The one -bedroom affordable housing unit contains approximately 744 square feet of net livable area based on APCHA's current definition of such area which excludes the unit's entry stairway. Existing development in the immediate site area includes the historically designated Bowman Building, which is located on the south side of Cooper Avenue across from the project site; a recently approved mixed-use building, which is being developed on the vacant parking lot at the southwest corner of Hyman Avenue and Hunter Street; the Hunter Plaza Associates commercial building, which is located at the northeast corner of Cooper Avenue and Hunter Street; and the Aspen Square commer- cial/condominium building, which is located at the southeast corner of Cooper Avenue and Hunter Street. The character of the immediate site area can be describes as a mixed- use neighborhood containing a variety of multi -story buildings and commercial, office and residential land uses. As the attached engineering report prepared by Sopris Engineering, LLC indicates (see Exhibit 5, Appendix C), the existing building is served by all required utilities. Domestic water is currently provided via a four inch service line that connects to a municipal main located in Hunter Street. Sanitary sewer service is provided via two service lines that connect to the existing Aspen Consolidated Sanitation District ("ACSD ") main located in the alley at the rear of the property. Natural gas service to the building is also provided from a line in the alley, the meter for which is located within the building's utility/trash/recycle area. Electric service is provided by the City from an existing transformer located adjacent to the northwest corner of the property 7 while telephone service is provided from an underground line in the alley. The building's electric meters and telephone pedestal are also located within the utili- ty/trash/recycle area. Stormwater runoff from the building's roof areas is currently conveyed via a system of internal pipes to an existing drywell located within the basement. Runoff from the building's adjacent impervious areas (e.g., sidewalks, entry area, etc.) sheet flows to the Cooper Avenue and Hunter Street right-of-ways. The Cooper Avenue and Hunter Street sidewalks and the entry area to the building are snowmelted. IV. PROPOSED DEVELOPMENT The Applicant proposes to expand the existing building's ground and second floors, and to utilize the expanded building solely for commercial purposes. Commercial uses will be limited to those uses as may be permitted from time to time in the CC, Commercial Core zone district. A third floor and a free market residential unit are no longer proposed. As discussed previously, the property's prior approvals and associated development rights will be vacated upon the receipt of all required land use approvals for the new project. More specifically, the building's ground floor will be expanded to include the unenclosed area abutting the Hunter Street sidewalk. Its second floor will be expanded to include the existing outdoor deck and the interior areas that are currently open to the ground floor below. Changes to the basement's existing storage areas, the addition of three new elevators to address accessibility requirements, and the removal of the on-site affordable housing unit are also proposed. As presently configured, the expanded building contains a single commercial space that occupies both its basement and its ground and second floors. These areas, however, may ultimately contain separately leasable spaces depending upon actual tenant requirements. As presently envisioned, a decision as to the number of individual tenant spaces will be made prior to building permit submittal. A site plan, floor plans with area takeoffs, and elevations and perspectives for the expanded building are provided on the following pages. As the area takeoffs illustrate, the expanded building will contain 10,858 square feet of floor area, all of which will be used for commercial purposes. The proposed floor area is less than both the property's maximum allowable cumulative floor area and its allowable commercial floor area. As presently configured, the expanded building's commercial net leasable area totals approximately 13,374 square feet. As this figure exceeds the existing building's net leasable area of 9,895 square feet, a commercial GMQS allotment in the amount of 3,479 square feet will be required. The building's facades will also be modified to reflect its expanded commercial use (e.g., new entrances, signage, etc.), and to enhance its appearance. As the proposed elevations and perspectives illustrate, the exterior revisions to the building fit within its context in the Commercial Core Historic District, and both respects its history and uniquely sets itself apart therefrom. The building's two-story massing is broken up with varying parapet heights on each street facade, the intent of which is to simulate the District's historic development pattern. Primary exterior building materials will consist of brick and sandstone which are also consistent with those found on similar structures within the District. Painted steel elements and accents will provide a contemporary balance to the material palette. The articulation of these materials in the form of finely detailed cornice caps, horizontal steel banding at storefront window heads, brick banding, sandstone bases, and detailed steel work all combine to enhance the building's fit within the District. X , HUNTER STREET ' I / / / / / / / / / / / / ASPEN, CO P®$$ �vl PROPOSED SITE PLAN{ ,1 605 EAST MAIN STREET ASPER, COLO RA00 81611 l (T) 970/825 4755 (F) 970/920 2950 q' ©t�lS b spy 11.23.2015 j 1 i FOOTING FOR WALL ABOVE PROPOSED FLOOR AREA LEGEND COMMERCIAL FLOOR AREA OVERHANGS BEYOND 4'-0' BASEMENT COMMERCIAL FLOOR AREA EXEMPT PER SECT. 26.575.020.D.8. BASEMENT TOTAL 0 SF MAIN LEVEL COMMERCIAL FLOOR AREA OVERHANGS BEYOND 4'-0' 5,352 SF 329 SF MAIN LEVEL TOTAL 5,681 SF UPPER LEVEL COMMERCIAL FLOOR AREA OVERHANGS BEYOND 4'-0' 5,136 SF 41 SF UPPER LEVEL TOTAL 5,177 SF TOTALS COMMERCIAL FLOOR AREA OVERHANGS BEYOND 4'-0' 10,488 SF 370 SF GRAND TOTAL 10,858 SF ASPEN, CO p®$$ 11("11118 ; i'i OI& PROPOSED BASEMENT FLOOR AREA 605 EAST MAIN STREET ASPEN. COLORADO 81611 6 (T) 970/ 11.23.2015 925 4755 (E) 970/920 2950 vl al MOeltifuF A®P.Asm0,PG � ls)s °104AtOA�tl�% OVERHANG BEYOND 4'-0' PER SECT. 26.575.020.D.2. PROPOSED FLOOR AREA LEGEND =�j COMMERCIAL FLOOR AREA L._,J OVERHANGS BEYOND 4'-0' BASEMENT COMMERCIAL FLOOR AREA EXEMPT PER SECT. 26.575O20.1)3. BASEMENT TOTAL 0 SF MAIN LEVEL COMMERCIAL FLOOR AREA OVERHANGS BEYOND 4'-0' 5,352 SF 329 SF MAIN LEVEL TOTAL 5,681 SF UPPER LEVEL COMMERCIAL FLOOR AREA OVERHANGS BEYOND 4'-0' 5,136 SF 41 SF UPPER LEVEL TOTAL 5,177 SF TOTALS COMMERCIAL FLOOR AREA OVERHANGS BEYOND 4'-0' 10,488 SF 370 SF GRAND TOTAL 10,858 SF ASPEN, CO POSE 114,11111 (z1IIIFC " 1'I A1\l NII i\117 Odob PROPOSED MAIN LEVEL FLOOR AREA 605 EAST MAIN STREET ASPEN, COLO RA00 81611 (T) 9'10/925 4155 (F) 970/920 2950 v<=tn ©SOLS � � ,y 11.23.2015 f { TOP OF S ELEMENT PER SECT (184 SF) ELEMENT NOT INCLUDED FACE OF BEARING CMU ON V PER SECT. 26.575.020.D.2 WEST WALL ONLY (179 SF) PROPOSED FLOOR AREA LEGEND COMMERCIAL FLOOR AREA rEJ OVERHANGS BEYOND 4'-0' BASEMENT COMMERCIAL FLOOR AREA EXEMPT PER SECT. 26.575.020.D.8. BASEMENT TOTAL 0 SF MAIN LEVEL COMMERCIAL FLOOR AREA OVERHANGS BEYOND 4'-0' 5,352 SF 329 SF MAIN LEVEL TOTAL 5,681 SF UPPER LEVEL COMMERCIAL FLOOR AREA OVERHANGS BEYOND 4'-0' 5,136 SF 41 SF UPPER LEVELTOTAL 5,177 SF TOTALS COMMERCIAL FLOOR AREA OVERHANGS BEYOND 4'-0' 10,488 SF 370 SF GRAND TOTAL 10,858 SF 111flill a 4 •, ASPEN, CO pOSS Al\'(',i 1111 (,11111 I'I A HI1\111\l('( SCJ PROPOSED UPPER LEVEL FLOOR AREAS 605 EAST MAIN STREET A6PEN, COLORADO 61611 �Ag�A 1 j� (T) 9]0/925 4T 55 (F) 970/920 2966 w -lo ©ZOt6 11.23.2015 IVR291f t49IM AREAINTE FUNCTION PER SECT. FOOTING FOR WALL ABOVE PROPOSED NET LEASABLE LEGEND L'__ J NET LEASABLE AREA BASEMENT COMMERCIAL NET LEASABLE 3,743 SF BASEMENT NET LEASABLE TOTAL 3,743 SF MAIN LEVEL COMMERCIAL NET LEASABLE 4,437 SF COMMERCIAL NET LEASABLE REAR ACCESS 286 SF MAIN LEVEL NET LEASABLE TOTAL 4,723 SF UPPER LEVEL COMMERCIAL NET LEASABLE 4,908 SF UPPER LEVEL NET LEASABLE TOTAL 4,908 SF TOTAL NET LEASABLE GRAND TOTAL 13,374 SF 1 ' r ASPEN, CO POss Al\(,11114111+110 odp2 PROPOSED BASEMENT NET LEASABLE 605 EAST MAIN STREET ASPEN, COLORADO 81611 ,M (T 1, 7 4755 (f) 970/920 2950 11.23.2015 1 AREA FUNC PEI PROPOSED NET LEASABLE LEGEND L _' J NET LEASABLE AREA BASEMENT COMMERCIAL NET LEASABLE 3,743 SF BASEMENT NET LEASABLE TOTAL 3,7435E MAIN LEVEL COMMERCIAL NET LEASABLE 4,437 SF COMMERCIAL NET LEASABLE REAR ACCESS 286 SF MAIN LEVEL NET LEASABLE TOTAL 4,723 SF UPPER LEVEL COMMERCIAL NET LEASABLE 4,908 SF UPPER LEVEL NET LEASABLE TOTAL 4,908 SF TOTAL NET LEASABLE GRAND TOTAL 13,374SF 11' lk ASPEN, CO pO$$ �tt{I I(I I I Il(( f'I Ii;�i1�ll( ��� PROPOSED MAIN LEVEL NET LEASEABLEj 605 EAST MAIR STREET ASPEN, COLORADO 01611 (T) 970/925 9]55 (F) 9]0/920 2950 lln•=1•d• ©1115 AaOeIFL7�AnR1.�.v1.EG 11.23.2015 6LLPo4AnA�¢I I-ISLU N TOP OF STAIR AND ELI ELEMENT EXEMPT PEF 26.575.020.1. TOP OF STAIR AND ELEVATOR ELEMENT EXEMPT PER SECT. ELEMENT EXEMPT PER SECT. 26.575.020.1. PROPOSED NET LEASABLE LEGEND rL 1 NET LEASABLE AREA BASEMENT COMMERCIAL NET LEASABLE 3,743 SF BASEMENT NET LEASABLE TOTAL 3,743 SF MAIN LEVEL COMMERCIAL NET LEASABLE 4,437 SF COMMERCIAL NET LEASABLE REAR ACCESS 286 SF MAIN LEVEL NET LEASABLE TOTAL 4,723 SF UPPER LEVEL COMMERCIAL NET LEASABLE 4,908 SF UPPER LEVEL NET LEASABLE TOTAL 4,908 SF TOTAL NET LEASABLE GRAND TOTAL 13,374 SF ASPEN, CO po$$ I4i1i;Iillli,Iill l ;;i (�I°?II!i Od1y PROPOSED UPPER LEVEL NET LEASEABLE 605 EAST MAIM STREET ASPENS COLORA00 61611 ,m (T) 970/925 4755 (F) 970/920 2950 vs =to' ©101$E�gMWpy 11.23.2015 I p t Alb 11' 4 ; ASPEN, CO poss 605 9Jo/ MAIN STREET ASPEN, PROPOSED 61611 11.23.2015 PROPOSED ROOF PLAN (TI 0/925 4755 (EI 970/920 2950 u+•=ua ©71115 � ,� 1 t j 1_15_ . I I I I I I I I I — _ L MOF ■nIm 1 T 0 CONC ®MEIN LEVEL N W CORNER I I I I I I I I I I _ F TO F` ® LOWER LEVEL —_--J 534 EAST COOPER ASPEN, CO p0$$ /114,111111 (:111C 3 ) 1)I'iNI WC( I& PROPOSED PROPOSED SOUTH ELEVATION 6T) EAST MAIN STREET ASPEK70192 C2950OLOR0 8161 M�tla�Ec lA µpc 11.23.2015 (T) 970/925 4755 (E) 970/920 2950 w=ta ©2015 f , 28'-0' HEIGH' L-------------------------------------------------------------------•---__--_--_—_ { `l _---------------------------------------------------J _ 1 NC ® LOWERLEVEL .0-T - ASPEN, CO P®$$ l;l;�r'rifll f;llll I ; I`( r;�!i�IIVt lei PROPOSED EAST ELEVATION,I 605 EAST MAIN STREET ASPEN, COLO RA00 91611 a ©2115 BUPDSAOAt.�Ri (T) 97o/925 4755 (E) 970/920 2950 v.�, E�N6nuxA®uwc,m 11.23.2015 ! (' 28'-0' HEIGHT LIMIT I I I I I L _ I I I I I I I I I --- - 4- -® LOWER LEVEL f .0"09". - - i 534 EAST COOPER ASPEN, CO pose llt(',1111{ ;1 111 1'1 I-11111C,PROPOSED NORTH ELEVATION €' O�y 605 EAST MAIN STREET ASPEN, COLORA00 01511 ] 1 IT) 970/925 4755 (P) 970/920 2950 vi=10 ©i)1$ spy 11.23.2015) q 1_015 9W 28'-O'HEIGHT LIMIT ,L L----------------- ---------- 28'-0' HEIGHT LIMIT _ 1 TO EXISTING PLVWD®ROOF 124' _O 0' _ T.O. CONC. ® MEZZANINE LEVEL 111' - 11 1/2' J. 980 T NC ® MAIN LEVEL IIW CORNER ' - CO10' I I I ,�, TO CONC ® LOWER LEVEL ---------------------------- ASPEN, CO puss i,J"("IIIII (;IIII C ;al 1Itl(r �doy (T) DEAST 8 I4]55 STREET( 9]5/530 COLOR 00 8 Vy._,,� ©FIs PROPOSED WEST ELEVATION -� €, ��� ,� 11.23.2015 iNnaisusmra ' BRICK HEADER — DOUBLE HUNG WINDOWS SANDSTONE SILL— ,I- up— SOLDIER COURSE — I • AWNINGS ALIGNED WITH TOP OF STEEL I k 5'-0" TALL MECHANICAL SCREENING ELEVATOR OVERRUN STEEL CHANNEL DOUBLE SAWTOOTH CORUSE SOLDIER CORUSE EXPRESSED CORUSE 1.— STEELCHANNELHEADER ROUND STEEL COLUMNS — DOUBLE SOLDIER COURSE i 9" X 9" STEEL SECTION SUPPORT Uu MAIN ENTRY DOORS DECORATIVE WOOD PANEL SANDSTONE BASE 534 EAST COOPER ASPEN, CO poss., I � - .., ,., .,,�. Ce10.... GRAPHIC ELEVATIONS m aai.a .rss �n ne�uo aso mile ���.a 11.23.2015 NOOK 5'-0" TALL MECHANICAL SCREENING I I ELEVATOR OVERRUN —STEEL CHANNEL HEADER I I —DOUBLE SAWTOOTH CORUSE —SOLDIER CORUSE EXPRESSED CORUSE STEEL CHANNELHEADER I —ROUND COLUMN NE SILL CORUSE ORATIVE WOOD PANEL it I DSTONE BASE RY NOOK 2 534 EAST COOPER ASPEN, CO posy —GRAPHIC ELEVATIONS rI i r i;NN{NC Gas 1.37 ..r. 71.11, .r,t< <,to„ss 876i7 ui dorsa ass ur 070,920 »so 11.23.2015 ELEVATOF STEEL CH/ ROUND CC AWNINGS EXISTING' TO REMAIf STEEL Cl- DOUBLE,' F DOUBLE; DECORAT CHANICAL SCREENING INEL VTOOTH CORUSE RUSE CORUSE STAIR 2 INEL HEADER _DIER COURSE UTILITY AREA BASE lIiIIIIIm 534 EAST COOPER ASPEN, CO p 0 S S GRAPHIC ELEVATIONS 5o5 u57 ruX sntu 55ria GOU5N0 "If z��u 11.23.2015 111 570/555 4755 171/707150 2550 7F.) �•.��� COOPER STREET VIEW HUNTER STREETVIEW 534 EAST COOPER ASPEN,CO PRSS ARCHITECTURE : PLANNING O STREET VIEW ERs EAST MAIN STREET ASOM SREERAI/ 4IE11 : r, a 11.23.2015 (T) RSR1125 s7 ss IT) 070/•:o as* ,111111 -�1-7 _t� 1 - } LI T -f i T _ r -F-L- -VFF -F T �I IIII!li 111 II lli IIII Tom\ 111!1=1i1 ltl/%/T, 11-iI!Illilll///�I T� Illi!IIIIII'I'ill=jiillllll I -7�- IllllllFMT T -,T �T Tr i i i �' -rLrriT_ �� 1 i - .-- 4 ____ j 1i 6 �'. {�.^ I. I � .,, II {. I L_ _1 -�- - - ----------- F 421 ___T__7 T KIM, f T -T IL_ T7f -�_-- - --_ � --gin-,- -i - - �.�--- ---_-_ -- -�--_- T r— — — -- S oppp- The buildings street level facades incorporate extensive storefront glass and recessed entries which is consistent with the District's historic structures. More contemporary features include two-story steel and glass elements which highlight entryways at the building's corners. The primary street corner is clipped at a 45 degree angle to create a recessed entry and to reflect historic entry patterns. The building's northeast corner at the alley is also recessed, incorporates similar steel and glass elements, and helps to create visual interest in its alley facade. These steel and glass entry elements fit within the building's more traditional brick facades and window openings. The brick window openings are grouped, and repeat to form a rhythm consistent with the District's historic building facades. The expanded building's additional commercial net leasable area will require the provision of affordable housing mitigation pursuant to Section 26.470.050.B.5. of the Regulations. The applicable mitigation requirement is 60 percent of the employees generated by the additional commercial square footage. The generation rate for the existing and expanded building's ground floor is 4.7 employees per 1,000 square feet of net leasable area, and 3.5 employees per 1,000 square feet for its basement and second floor. Based thereon, the expanded building's additional commercial net leasable area will generate a total of 12.68 net new employees calculated as follows. Table 1 Commercial Employee Generation Existing/Proposed Building 1. Existing Building' 39.78 Basement (3,620 Sq. Ft. x 3.5 Employees/ 12.67 1,000 Sq. Ft.) Ground Floor (4,266 Sq. Ft. x 4.7 Employees/ 20.07 1,000 Sq. Ft.) Second Floor (2,009 Sq. Ft. x 3.5 Employees/ 7.04 1,000 Sq. Ft.) 31 2. Proposed Building 52.46 Basement (3,743 Sq. Ft. x 3.5 Employees/ 13.09 1,000 Sq. Ft.) Ground Floor (4,723 Sq. Ft. x 4.7 Employees/ 22.18 1,000 Sq. Ft.) Second Floor (4,908 Sq. Ft. x 3.5 Employees/ 17.19 1,000 Sq. Ft.) 3. Net New Employees Generated 12.68 1 Per Existing Commercial Net Leasable Area takeoffs, Exhibit 4, Appendix C. Based on the above, 7.61 employees, or sixty percent of the employees generated, therefor, must be mitigated calculated as follows. 12.68 Net New Employees Generated x 60 Percent = 7.61 Employees The Applicant proposes to provide the required mitigation via the purchase and extinguishment of Certificates of Affordable Housing Credit in an amount sufficient to mitigate 7.61 Category 4 employees as provided for in Section 26.470.50.B.3. of the Regulations. As noted previously, actual tenant requirements may dictate changes in the internal layout of the proposed floor plans which may reduce the expanded building's increase in commercial net leasable area and its affordable housing mitigation require- ment. In the event required, a revised net leasable area takeoff will be provided at building permit, and the expanded building's Affordable Housing Credit requirement adjusted accordingly. Extinguishment of the Credits will occur in connection with building permit issuance. The increase in the building's commercial net leasable area will require the provision of 3.48 parking spaces calculated as follows. 3,479 New Net Leasable Area _ 1,000 Sq. Ft. = 3.48 32 3.48 x 1 Space/1,000 Sq. Ft. = 3.48 Spaces Pursuant to Section 26.515.030 of the Regulations, this parking requirement may be met via a cash -in -lieu payment. Based on the requirements of Section 26.515.050. C. L, , the amount of the payment is $104,400.00 calculated as follows. $30,000.00/Space x 3.48 Spaces = $104,400.00 Again, this figure may be adjusted prior to building permit issuance to reflect the expanded building's actual increase in commercial net leasable area. The Applicant will make the required cash -in -lieu of parking payment at building permit issuance. Pursuant to Section 26.575.030.B. of the Regulations, all commercial develop- ment within the CC, Commercial Core zone district is required to provide public amenity space in an amount equal to 25 percent of the project site. In lieu thereof, off-site public amenity space can be provided or a payment -in -lieu can be made to the City subject to HPC approval. For redevelopment of parcels on which less than 25 percent public amenity space currently exists, the Regulations provide that the existing percentage is the effective requirement provided no less than 10 percent is required. Based on the above, approximately 1,567 square feet of public amenity space would normally be required unless the amount were reduced by the HPC as provided for in Section 26.575.030.D.1. As the Existing Public Amenity Space plan on the following page illustrates, approximately 604 square feet, or 9.6 percent of the project site, presently complies with the applicable design standards for public amenity space. As the existing percentage is less than 10 percent, the proposed development's effective public amenity space requirement is 10 percent. As the Proposed Public Amenity Space plan illustrates, approximately 216 square feet, or 3.4 percent of the project site, will comply with the Regulations' public amenity 33 p®SS 1;r 1,1111 II)P11 ;'i'k!'ifall'sit ( - lOm 60 970/9 S5 EAST A 147B5R(f)T970 /910ASP EK011.23.2015 29 OLORA00 97911 _ EXISTING PUBLIC AMENITY SPACE �„,a 1 I I �I � I I I I � I I I� I I I I I I I I I I II � I I I I I I I I I I I I 1 I I I � I I I I I I I I I II I I I I I I I I I I I I I I I I I I I II I I I 1 I 1 ------------ I \ 1 p®SS 1;r 1,1111 II)P11 ;'i'k!'ifall'sit ( - lOm 60 970/9 S5 EAST A 147B5R(f)T970 /910ASP EK011.23.2015 29 OLORA00 97911 _ EXISTING PUBLIC AMENITY SPACE �„,a 1 I I �I � I I I I � I I I� I I I I I I I I I I II � I I I I I I I I I I I I 1 I I I � I I I I I I I I I II I I I I I I I I I I I I I I I I I I I II I I I 1 I 1 p®SS 1;r 1,1111 II)P11 ;'i'k!'ifall'sit ( - lOm 60 970/9 S5 EAST A 147B5R(f)T970 /910ASP EK011.23.2015 29 OLORA00 97911 _ EXISTING PUBLIC AMENITY SPACE �„,a ASPEN, CO p0S$ i,l;t;# 111 I c; 11 11 l , }I (!i\!II\1t; �d�y PROPOSED PUBLIC AMENITY SPACE j ,! 605 EAST MAIN STREET ASPEN, COL RAO0 81611 { 1TI 9]0/925 4H 55 (F) 9]0/920 2950 vs=to' t7291S rom uo 1y 11.23.2015 1 1, IVtN01511191 iY \ � u ASPEN, CO p0S$ i,l;t;# 111 I c; 11 11 l , }I (!i\!II\1t; �d�y PROPOSED PUBLIC AMENITY SPACE j ,! 605 EAST MAIN STREET ASPEN, COL RAO0 81611 { 1TI 9]0/925 4H 55 (F) 9]0/920 2950 vs=to' t7291S rom uo 1y 11.23.2015 1 1, IVtN01511191 iY requirements following the expansion of the building's footprint. The Applicant requests that the remaining 6.6 percent requirement be met via a cash -in -lieu payment as provided for in Section 26.575.030.C.3. of the Regulations. Based on the land value multiplier of $100.00 per square foot contained in Section 26.575.030.E., the value of the project site for cash -in -lieu calculations is $626,900.00 calculated as follows. $100.00/Sq. Ft. x 6,269 Sq. Ft. = $626,900.00 As a result, the requested 6.6 percent reduction in public amenity space will require a cash -in -lieu payment of approximately $41,375.00 calculated as follows. $626,900.00 x 0.066 = $41,375.40 The Applicant will make the required cash -in -lieu of public amenity payment at building permit issuance. Please note that a cash -in -lieu payment was approved, in connection with the prior project, and that the Parks Department indicated that the payment could be used to offset municipal costs incurred in connection with various improvements to the City's mall areas. The use of the cash -in -lieu payments for such purposes is specifically provided for in Section 26.575.030.E. of the Regulations. Given the limited ability to provided reasonably useable public amenity space within the project site, and the various improvements which are currently being considered for the malls, the Applicant's request to meet the remainder of the proposed development's public amenity requirement via a cash -in -lieu payment is appropriate. As the Proposed Site Plan illustrates, the Applicant proposes to make several improvements to the adjacent streetscape to mitigate the additional trips generated by the building's expanded net leasable area. More specifically, the existing sidewalk ramp at the Cooper Avenue/Hunter Street intersection will be replaced with bi-directional, ADA compliant ramps meeting applicable Engineering Department requirements. The adjacent 36 fire hydrant and light pole will be relocated by the Applicant to accommodate the new ramps. In addition, a landscape buffer meeting applicable Engineering Department requirements will be provided in connection with the installation of a new detached sidewalk along the property's Hunter Street frontage. The existing sidewalk snowmelt system will be modified or replaces as may be required. The proposed development complies with all of the dimensional requirements of the CC, Commercial, Zone District except for its minimum required ground floor to second floor height and its minimum required public amenity space. As Table 2, below, indicates, both its cumulative floor area and its commercial floor area are significantly less than the maximum allowed. Building heights are also less than or equal to that which is allowed. The building's existing ground floor to second floor height predates the current requirement, and the Applicant proposes to satisfy the project's remaining public amenity requirement via a cash -in -lieu payment. The project's development data, and its compliance with the CC zone district's dimensional requirements, is summarized in Table 2, below. Table 2 Development Data Easterly 2.5 Feet of Lot Q, Lots R and S, Block 95, Aspen Townsite 1. Existing Zoning 2. Existing Lot Size (Sq. Ft.)' 3. Existing Lot Area for Density/Floor Area Purposes (Sq. Ft. )2 4. Existing Development Floor Area (Sq. Ft. )3 Basement Ground Floor Mezzanine 37 CC, Commercial 6,269 6,269 Commercial/Residential 8,191 None 5,285 2,906 Net Leasable Area (Sq. Ft.)' 9,895 Basement 3,620 Ground Floor 4,266 Mezzanine 2,009 Net Livable Area (Sq. Ft.)' 744 5. Minimum Required Lot Size (Sq. Ft.) No Requirement 6. Minimum Required Lot Area/Dwelling Not Applicable Unit (Sq. Ft.) 7. Minimum Required Lot Width (Feet) No Requirement 8. Minimum Required Setbacks (Feet) Front Yard No Requirement Side Yards No Requirement Rear Yard No Requirement 9. Maximum Allowable Height (Feet)6 Two -Story Elements 28 Three -Story Elements' 38 10. Maximum Proposed Height (Feet)' <_ 28 11. Minimum Required Floor to Floor Heights (Feet) First Floor to Second Floor 13 Upper Floor to Ceiling Height 9 12. Existing Floor to Floor Heights (Feet) First Floor to Second Floor 12 Upper Floor to Ceiling Height 10 13, Minimum Required Pedestrian Amenity Space9 Percent 10 Area (Sq. Ft.) 627 14. Proposed Pedestrian Amenity Space 15. 1 a 3 4 s 6 7 s 9 10 11 Percent 3.4 Area (Sq. Ft.) 216 Maximum Allowable Cumulative Floor 17,240 Area @ 2.75:1 (Sq. Ft.) Proposed Cumulative Floor Area (sq. Ft.) 10,858 Maximum Allowable Commercial Floor 12,538 Area @ 2.0:1 (Sq. Ft.) Proposed Commercial Floor Area (Sq. Ft.)' 10,488 Proposed Net Leasable Commercial4 13,374 Area (Sq. Ft.) Minimum Required Parking @ 1 Space/1,00010 3.48 Sq. Ft. Net Leasable Area Proposed Parking" None Per the Improvement Survey Plat prepared by Sopris Engineering, LLC dated March 13, 2012 and updated February and April 2015. No reduction in Lot Area required due to steep slopes, rights-of-way or surface easements. Calculated pursuant to Section 26.575.020.D. Calculated pursuant to Section 26.575.020.I. Calculated pursuant to Section 26.575.020.I. and APCHA's guidelines. For properties located on the north side of a street. Maximum height may be increased to 42 feet via Commercial Design Review. Measured to top of parapet pursuant to Section 26.575.020. F. 1. Calculated pursuant to Section 26.575.030.B. Calculated pursuant to Section 26.515.010.C. Pursuant to Section 26.515.030, may be met via a cash -in -lieu payment. 9M As the Sopris Engineering report indicates (see Exhibit 4, Appendix C), water service to the proposed development will be provided via the existing 4 -inch service line that connects to the existing main in Hunter Street. The existing building contains a fire suppressant system that will be extended to include the expanded commercial areas. Sewer service will be provided from the existing sanitary sewer located in the alley at the rear of the project site. The existing service line will be inspected and a new line installed in the event required. Electric service is presently provided from an existing transformer located at the northwest corner of the building and adjacent to the alley. As the engineering report indicates, upgrading the transformer may not be feasible should the proposed expansion exceed the transformer's capacity. In the event additional electric loads required, the report recommends that service be obtained from an existing transformer located on the opposite side of the alley and immediately north of the building. If this option is not feasible, a new transformer and vault will need to be accommodated on-site. Natural gas, telephone and cable television service is also available in the alley and will be extended as may be required to serve the expanded building. Given the site disturbance that will occur as a result of the expansion of the existing building, the expansion will be classified as a "Major Design" project under the City's Urban Runnoff Management Plan. Given the building's location, the applicable drainage criteria require water quality treatment and the avoidance of adverse impacts. Stormwater detention or fee -in -lieu thereof is not required since the property is directly connected to the City's storm sewer system. A plan for meeting these requirements is described in the engineering report. A formal drainage report outlining the proposed development's Stormwater mitigation approach will be submitted for review and approval by the Engineering Department with the Applicant's building permit application. .o V. REVIEW REQUIREMENTS The proposed development requires HPC Conceptual Major Development Plan approval, Conceptual Commercial Design Review approval, a commercial GMQS allotment, and approval to vacate an existing subdivision plat and agreement. Each of these requirements is addressed in this section of the application. A. Conceptual Major Development Plan Pursuant to Section 26.415.060.A. of the Regulations, all development involving properties located within the boundaries of a Historic District requires the approval of a Certificate of Appropriateness from the HPC before a building permit can be issued by the City. As the 534 East Cooper property is located within the Commercial Core Historic Overlay District, the receipt of a HPC Certificate of Appropriateness is required. Pursuant to Section 26.415.070.D., a Certificate of Appropriateness for a major development such as that proposed by the Applicant requires the review and approval of both a conceptual and a final development plan for the project. The development plan review standards are contained in the City's Commercial, Lodging and Historic Design Objectives and Guidelines (the "Guidelines"). The Guidelines are organized to correspond to the two stages of HPC development plan review, i.e., those applicable only to conceptual review followed by those to be addressed at final review. The conceptual review design guidelines, and the proposed development's compliance therewith, are summarized as follows. 1. Street Grid a) 6.1 Maintain the established town grid in all projects. 41 grid pattern. The proposed development retains the City's established street and alley 2. Internal Walkways a) 6.2 Public walkways and through courts, when appropriate, should be designed to create access to additional commercial space and frontage, within the walkway and/or to the rear of the site. No public walkways through the property are proposed. 3. Alleys a) 6.3 Develop an alley facade to create visual interest. The ground floor entry located at the northeast corner of the expanded building is recessed, and incorporates glass and steel elements to create visual interest in the alley facade. 4. Parking a) 6.4 Structure parking should be placed within a wrap of commercial and/or residential uses. b) 6.5 Structured parking should not have a negative impact on the character of the street. No on-site parking is proposed. 5. Street Facing Amenity Space a) 6.6 A street facing amenity space shall meet all of the following requirements. • Abut the public sidewalk • Be level with the sidewalk • Be open to the sky • Be directly accessible to the public 42 • Be paved or otherwise landscaped b) 6.7 A street facing public amenity space shall remain subordinate to the line of building fronts in the commercial core. c) 6.8 Street facing amenity space shall contain features to promote and enhance its use. • Street furniture • Public Art • Historical/interpretative marker The expanded building's public amenity space is limited to a narrow strip of land located along Hunter Street between the sidewalk and building face. This area abuts and is level with the public sidewalk, is open to the sky, is paved and accessible to the public, and incorporated within the Hunter Creek sidewalk. The expanded building's proposed public amenity space will not accommodate street furniture or public art. 6. Mid -Block Walkway Amenity Space a) 6.9 Mid -Block walkways shall remain subordinate in scale to traditional lot widths. the following. b) 6.10 A mid -block walkway should provide public access to • Additional commercial space and frontage within the walkway. • Uses located at the rear of the property. These guidelines are not applicable as the proposed development will not contain a mid -block walkway. 7. Alley Side Amenity Space a) 6.11 An alley side amenity space shall be designed to have these characteristics. 43 floor levels. • Direct public access to commercial space at street or second • Maximize solar access to the alley side amenity space. • Minimize the impacts of adjacent service and parking areas. These guidelines are not applicable as the proposed development will not contain alley side amenity space. 8. Second Level Amenity Space a) 6.12 Second level amenity space should be compatible with the character of the historic district. b) 6.13 A second floor amenity space should meet all of the following criteria: • Ensure consistent public access • Be dedicated for public use • Provide a public overlook and/or interpretative marker • Be identified by a market at street level C) 6.14 Second level space should be oriented to maximize solar access and mountain views, or views of historic landmarks. d) 6.15 Second level space should provide public access by way of a visible and attractive public stair or elevator from a public street,alley or street level amenity space. These guidelines are not applicable as the proposed development will not a contain second level amenity space. 9. Front Yard Amenity Space a) 6.16 Second level dining' may be considered. b) 6.17 Front and side yard amenity space should be considered in the context of a historic one story residential type building. The proposed development does not contain front and side yards. 10. Building Setbacks a) 6.18 Maintain alignment of facades at the sidewalk's edge. b) 6.19 A building may be setback from its side lot lines in accordance with the design guidelines identified in Street and Circulation Pattern and Public Amenity Space Guidelines. The expanded building's Hunter Street facade essentially abuts the sidewalk. The proposed development does not contain traditional side yard setbacks. 11. Building Orientation a) 6.20 Orient a new building to be parallel to its lot lines, similar to that of traditional building orientations. The proposed development parallels its lots lines. The expanded building will essentially occupy its existing footprint and a small vacant area of the project site located adjacent to the Hunter Creek Sidewalk. b) 6.21 Orient a primary entrance toward the street. The expanded building's entrances are oriented to the street. 12. Building Form a) 6.22 Rectangular forms should be dominant on Commercial Core facades. b) 6.23 Use flat roof lines as the dominant roof form. c) 6.24 Along a rear facade, using building forms that step down toward the alley is encouraged. Rectangular forms are dominant on the expanded building's facades. The building's roof line is flat and steps down towards to the alley. 45 13. Two Story Scale a) 6.25 Maintain the average perceived scale of two-story buildings at the sidewalk. The proposed development is two stories at street level, and maintains a perceived scale of two -stories at the sidewalks along both Cooper Avenue and Hunter Street. 14. Height Variation a) 6.26 Building height shall be varied from the facade height of adjacent buildings of the same number of stories. The expanded building is lower in height than the adjacent three-story Cooper Avenue mixed-use building and the new three-story building that is under construction immediately behind the project site and adjacent to Hunter Street. b) 6.27 A new building or addition should reflect the range and variation in building height of the Commercial Core. The expanded building reflects the range and variation in building heights in the City's Commercial Core area. c) 6.28 Height variation should be achieved using one or more of the following: • Vary the building height for the full depth of the site in accordance with traditional lot width. • Setback the upper floor to vary the building facade profile(s) and the roof forms across the width and depth of the site. • Vary the facade (or parapet) heights at the front. • Step down the rear of the building towards the alley, in conjunction with the other design standards and guidelines. The height of the expanded building's parapet varies across its Cooper Avenue and Hunter Street facades. The building's height adjacent to Cooper Avenue .e essentially complies with the Commercial Core's traditional lot widths. The building's Hunter Street facade steps down to the alley. 15. Height Variation for Larger Sites a) 6.29 On sites comprising more than two traditional lot widths, facade height shall be varied to reflect traditional lot width. The project site essentially consists of only two lots. b) 6.30 On sites comprising two or more lots, a building shall be designed to reflect the individual parcels. These methods shall be used: • Variation in height of building modules across the site. • Variation in massing achieved through upper floor setbacks, the roofscape form and variation in upper floor heights. • Variation in building facade heights or cornice line. to west. The expanded buildings's Cooper Avenue facade varies in height from east 16. Height Adjacent to Historic Structures a) 6.31 A new building should step down in scale to respect the height, form and scale of a historic building within its immediate setting. b) 6.32 When adjacent to a one or two story historic building that was originally constructed for commercial use, a new building with the same block face should not exceed 28 feet in height within 30 feet of the front facade. • In general, a proposed multi -story building must demonstrate that it has no negative impact on smaller historic structures nearby. • The height and proportions of all facade components must appear to be in scale with nearby historic buildings. c) 6.33 New development adjacent to a single story historic building that was originally constructed for residential use shall not exceed 28 feet in height within 30 feet of the side property line adjacent to the historic structure within the same block face. 47 d) 6.34 The setting of iconic historic structures should be preserved and enhanced when feasible. • On site comprising more than two traditional lot widths, the third floor of the adjacent lot width should be set back a minimum of 15 feet from the front facade. • Step a building down in height adjacent to an iconic building. • Locate amenity space adjacent to an iconic structure. Historic buildings in the immediate site area are limited to the Bowman building which is located across from the project site and adjacent to Cooper Avenue. The proposed development is consistent in height and scale with this structure. No historic or iconic buildings abut the project site. B. Commercial Design Review Pursuant to Section 26.412.020 of the Regulations, all commercial, lodging and mixed-use development with a commercial component within the City requiring a building permit is subject to Commercial Design Review. Pursuant to Section 26.412.030, the HPC is the designated review body as the project site is located within the Commercial Core Historic District. Pursuant to Section 26.412.050.0. of the Regulations, the HPC must determine that the proposed development complies with the City's Commercial, Lodging and Historic District Objectives and Guidelines. The proposed development's compliance with the Guidelines is addressed in Section V.A. of this application. In addition, Section 26.412.060 of the Regulations requires compliance with the following design standards. 1. Public Amenity Space a) The dimensions of any proposed on-site public amenity sufficiently allow for a variety of uses and activities to occur, considering any expected tenant and future potential tenants and uses. As discussed previously, both the existing and expanded building's public amenity space is limited. The expanded building's facades essentially abut the adjacent public sidewalks. b) The public amenity contributes to an active street vitality. To accomplish this characteristic, public seating, outdoor restaurant seating or similar active uses, shade trees, solar access, view orientation and simple at -grade relationships with adjacent rights-of-way are encouraged. As redevelopment of the project site is not proposed, the ability to provide a significant amount of public amenity space meeting this review criteria is limited. C) The public amenity and the design and operating characteris- tics of adjacent structures, rights-of-way and uses contribute to an inviting pedestrian environment. The expansion of the existing building's Hunter Street facade will enhance the public sidewalk experience and increase public interaction with the storefront located adjacent thereto. d) The proposed amenity does not duplicate existing pedestrian space created by malls, sidewalks or adjacent property, or such duplication does not detract from the pedestrian environment. The proposed development's public amenity space does not duplicate existing pedestrian space created by malls, sidewalks or adjacent property. e) Any variation to the design and operational standards for public amenity, Subsection 26.575.030.F., promotes the purpose of the public amenity requirements. The expanded building's footprint essentially abuts the sidewalk which is consistent with similarly situated commercial structures in the immediate site area. As redevelopment of the existing building is not proposed, the ability to provide a significant amount of on-site public amenity space is limited. 2. Utility, Delivery and Trash Service Provision a) A trash and recycle service area shall be accommodated on all projects and shall meet the minimum size and location standards established by Title 12, Solid Waste, of the Municipal Code, unless otherwise established according to said Chapter. The existing building's trash and recycling service area will be retained as presently configured. As the Existing Utility, Trash, Recycling and Service Area plan on the following page illustrates, the existing service area abuts the alley at the rear of the building and measures approximately twenty-three feet in length and nine feet in depth, and its vertical clearance exceeds ten feet. The existing service area will be accessible to all tenants within the expanded building without having to utilize the alley for access purposes. b) A utility area shall be accommodated on all projects and shall meet the minimum size and location standards established by Title 25, Utilities, of the Municipal Code, the City's Electric Distribution Standards, and the National Electric Code, unless otherwise established according to said Chapter. The expanded building's various utility meters and pedestals will continue to be located within the existing service area. c) All utility, trash and recycle service areas shall be co -located and combined to the greatest extent practical. Utility, trash and recycle requirements will be co -located within the existing service area. d) If the property adjoins an alleyway, the utility, trash and recycle service areas shall be along and accessed from the alleyway, unless otherwise approved through Title 12, Solid Waste, of the Municipal Code, or through Chapter 26.430, Special Review. The utility/trash/recycling service area abuts the alley. 50 POSTS WIl CROSS BA IN ALLEY ASPEN, CO r os$ I I'` - ' y Od°y EXISTING UTILITY, TRASH, RECYCLING, & SERVICE AREA E,a C05 EAST MAIN STREMy A ET ASPEN, COLORADO 81611 T) 970/925 9755 (F) 970/920 2950 -0' ©Nli m�E 11.23,2015 f e) All utility, trash and recycle service areas shall be fenced so as not to be visible from the street, unless they are entirely located on an alleyway or otherwise approved through Title 12, Solid Waste, of the Municipal Code, or through Chapter 26.430, Specia/Review. All fences shall be six (6) feet high from grade, shall be of sound construction, and shall be no less than ninety percent (90%) opaque, unless otherwise approved through Chapter 26.430, Special Review. The utility/trash/recycling service area abuts the alley. Fencing is not required. f) Wherever utility, trash and recycle service areas are required to be provided abutting an alley, other portions of a building may extend to the rear property line if otherwise allowed by this Title, provided that the utility, trash and recycle area is located at grade and accessible to the alley. The existing building's rear facade abuts the alley. g) All utility service pedestals shall be located on private property. Easements shall allow for service provider access. Encroachments into the alleyway shall be minimized to the extent practical and should only be necessary when existing site conditions, such as a historic resource, dictate such encroach- ment. All encroachments shall be properly licensed. All utility pedestals will be located within the project site. h) All commercial and lodging buildings shall provide a delivery area. The delivery area shall be located along the alley if an alley adjoins the property. The delivery area shall be accessible to all tenant spaces of the building in a manner that meets the requirements of the International Building Code Chapters 10 and 11 as adopted and amended by the City of Aspen. All non - ground floor commercial spaces shall have access to an elevator or dumbwaiter for delivery access. Alleyways may not be utilized as pathways (pedestrian rights-of- way) to meet the requirements of the International Building Code. Any truck loading facility shall be an integral component of the building. Shared facilities are highly encouraged. Delivery access to all of the expanded building's commercial tenants will be provided directly from the alley. In the event the building permit submission includes multiple tenant spaces, the floor plans will demonstrate compliance will all applicable 52 accessibility requirements. Elevator access to all building levels will be provided regardless of the number of separate tenant spaces. i) All commercial tenant spaces located on the ground floor in excess of 1,500 square feet shall contain a vestibule (double set of doors) developed internal to the structure to meet the requirements of the International Energy Conservation Code as adopted by the City of Aspen, or an air curtain. In the event required, the expanded building's ground floor commercial spaces will contain an internal vestibule which meets the requirements of the Internation- al Energy Conservation Code or an air curtain, the specifics of which will be depicted at building permit. D Mechanical exhaust, including parking garage ventilation, shall be vented through the roof. The exhaust equipment shall be located as far away from the street as practical. The expanded buildings' mechanical exhausts will be vented though its roof and setback from the street. k) Mechanical ventilation equipment and ducting shall be accommodated internally within the building and/or located on the roof, minimized to the extent practical and recessed behind a parapet wall or other screening device such that it shall not be visible from a public right-of-way at a pedestrian level. New buildings shall reserve adequate space for future ventilation and ducting needs. As the expanded building's Proposed Roof Plan illustrates, its rooftop mechanical equipment will be setback a minimum of fifteen feet from both Cooper Avenue and Hunter Street, and screened from view from the adjacent public right-of- ways at pedestrian level. 1) The trash and recycling service area requirements may be varied pursuant to Title 12, Solid Waste, of the Municipal Code. All other requirements of this subsection may be varied by special review (see Chapter 26.430.040.E., Utility and delivery service area provisions). 53 Special review approval to vary the City's requirements with respect to utility/trash/recycling service areas is not believed to be required. Should such review be required, the Applicant will amend this application to address applicable variance requirements. C. Growth Management The Applicant request approval to remove the existing building's deed restricted affordable housing unit and to expand the building's commercial net leasable area. Each of these approval requirements is addressed below. 1. Demolition or Redevelopment of Multi -Family Housing. Pursuant to Section 26.470.070.5.2) of the Regulations, the demolition of existing affordable multi -family housing units requires the provision of replacement affordable housing that houses no less than the number of employees housed by the demolished units. By definition, one or more dwelling units in a mixed-use building is considered a multi -family dwelling. In addition Section 26.470.070.5.(4) requires that the replacement housing be provided on the same site on which demolition occurs unless it can be demonstrated that either i) the replacement would be in conflict with the property's zoning or ii) would be an inappropriate solution due the property's physical constraints. These two sections of the Regulations effectively require that the existing building's one -bedroom affordable housing unit be retained or replaced on-site with an equivalent unit housing the same number of employees, in this case 1.75 employees. As discussed in Section III of this application, there is ample evidence that the existing affordable housing unit was voluntarily provided and was not required for GMQS mitigation purposes. In addition, its deed restriction permits the removal of the restriction subject to the approval of the Pitkin County Board of Commissioners 54 ("BOCC"), and the removal of the unit or its modification so as to prohibit its occupancy as a dwelling unit as such is defined in the Pitkin County Land Use Code. Please note that Cindy Christensen at the Aspen/Pitkin County Housing Authority has confirmed that the references to the BOCC and to the County's Land Use Code are scriveners errors that should read the Aspen City Council and the Aspen Land Use Regulations, respectively. It should also be acknowledged that the Applicant proposes to forgo the construction of the previously approved third floor addition and free market residence. The existing affordable housing unit's deed restriction is obviously in conflict with the City's regulatory requirement that such units be effectively retained or replaced on-site. As the unit was voluntarily provided, was not required for mitigation purposes, and has provided the Community with a purely optional affordable housing unit for more than twenty-five years, fundamental fairness suggests that the Applicant should be allowed to remove the unit exempt from the City's regulatory requirements governing the demolition of affordable multi -family housing units. Unfortunately, the Regulations do not address the removal of such units. However, the City Council may remove the deed restriction at which point the Applicant could then remove its kitchen and bath which would preclude its occupancy as a dwelling unit. As a result, a multi -family affordable housing unit would no longer remain which would be subject to the Regulations replacement provisions. A requirement that the existing unit be retained or replaced on-site would truly give credence to the adage that "no good deed goes unpunished". The Applicant respectfully requests that the Council rescind the existing deed restriction and permit the removal of the unit. 2. Expansion of New Commercial Development. Pursuant to Section 26.470.070.6. of the Regulations, the expansion of an existing commercial building is subject to review and approval based on the general requirements outlined in 55 Section 26.470.050.B. The applicable requirements, and the proposed development's compliance therewith, are summarized below. a) Sufficient growth management allotments are available to accommodate the proposed development pursuant to Section 26.47O.O3O.D. Applications for multi-year development allotments, pursuant to Section 26.470.0- 90.1. shall not be required to meet this standard. Sufficient commercial net leasable area is believed to be available to accommodate the proposed development. The annual allotment is 33,300 square feet of net leasable area. b) The proposed development is compatible with land uses in the surrounding area, as well as any applicable adopted regulatory master plan. The proposed development is consistent with land uses in the surrounding area which can be characterized as a vibrant, mixed-use neighborhood containing a variety of commercial, office and residential uses. No adopted regulatory master plan is believed to apply to the development of the project site. c) The development conforms to the requirements and limitations of the zone district. The proposed development has been designed in conformance with the applicable requirements of the CC, Commercial Core, zone district. No variances from the district's dimensional requirements are required. d) The proposed development is consistent with the Conceptual Historic Preservation Commission approval, the Conceptual Commercial Design Review approval, and the Planned Development - Project Review approval, as applicable. Conceptual HPC Major Development/Commercial Design Review approval is requested in this application. 56 e) Unless otherwise specified in this Chapter, sixty (60) percent of the employees generated by the additional commercial or lodge development, according to Section 26.470.100.A., Employee Generation Rates, are mitigated through the provision of affordable housing. The employee generation mitigation plan shall be approved pursuant to Section 26.470.070.4., Affordable Housing, at a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower Category designation. If an applicant chooses to use a Certificate of Affordable Housing Credit as mitigation pursuant to Chapter 26.540, such Certificate shall be extinguished pursuant to Chapter 26.540.90, Criteria for Administrative Extinguishment of the Certificate. The proposed development's additional commercial net leasable area and its required affordable housing mitigation is addressed in Section IV of this application. The Applicant proposes to provided the required affordable housing mitigation via the purchase and extinguishment of Certificates of Affordable Housing Credit in an amount sufficient to mitigate 7.61 Category 4 employees as provided for in Section 26.470.50.B. 3. of the Regulations. f) Affordable housing Net Livable Area, for which the finished floor level is at or above Natural or Finished Grade, whichever is higher, shall be provided in an amount equal to at least thirty (30) percent of the additional free- market residential Net livable Area, for which the finished floor level is at or above Natural or Finished Grade, whichever is higher. The proposed development does not contain free market residential units. g) The project represents minimal additional demand on public infrastructure, or such additional demand is mitigated through improvements proposed as part of the project. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking, and road and transit services. No adverse impact on the City's public infrastructure is expected as a result of the proposed modest expansion of the existing building. All required improvements to the City's infrastructure associated with the proposed expansion will be undertaken and paid for by the Applicant. 57 D. Subdivision/Plat Vacation The proposed development does not require subdivision approval. The prior project, however, was subject to subdivision review as it contained both commercial net leasable area and a free market residential unit for which condominiumization approval was required to permit its sale. In connection therewith, both a subdivision plat and a subdivision agreement were recorded. As subdivision approval is no longer required, the Applicant proposes to vacate both the existing plat and agreement upon the receipt of all required land use approvals for the proposed development. Pursuant to Section 26.480.090.E., the vacation of an approved plan and any other documents recorded in conjunction therewith is reviewed by the review body which approved the plat and associated documents. As subdivision approval for the prior project was granted by the City Council, the Council is responsible for approving the requested vacations. While Section 26.480.090.E. does not contain any specific review criteria for vacating a subdivision plat and agreement, a demonstration of good cause is required. The Applicant's removal of the third floor penthouse and the City's approval of the proposed development is believed to be sufficient to demonstrate such cause. E. Transportation Impact Analysis The required Transportation Impact Analysis ("TIA") is attached as Exhibit 1, Appendix D. As presently configured, the proposed development will generate 14.4 vehicular trips. The MMLOS measures to be undertaken by the Applicant will mitigate ten of these trips. As discussed previously, the expanded building may ultimately contain more than a single tenant space, in which case accessibility requirements (e.g., additional corridors, etc.) will likely reduce its net leasable area and associated trip generation. The Applicant proposes to update the net leasable area calculations and TIA in connection with building permit submission. Should unmitigated trips remain, the Applicant proposes to may a cash -in -lieu payment as provided for in the TIA Guidelines. 59 CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Sara Adams, 429-2778 PROJECT: Boogie's 534 E Cooper St REPRESENTATIVE: Sunny Vann, Vann Associates REQUEST: Remodel and expansion of commercial DESCRIPTION: DATE: March 23, 2015 updated 9/1/15 The potential applicant is interested in significantly remodeling the existing building at 534 E Cooper, commonly known as the Boogie's building. The building is located on the north side of the street and currently includes an affordable housing unit as well as commercial space. The applicant proposes to remove the voluntary deed restricted housing unit and to expand the commercial space on site. There is an existing approval for three story building and a free-market residential unit that would be vacated as part of this new application. The property is located within the Commercial Core Historic District (CC) and as such is subject to Commercial Design Standard Review (including public amenity, trash/utility/delivery service provision, and design guidelines) and Major Development Review by the Historic Preservation Commission (HPC). Pursuant to the CC zone district, buildings with the proposed use mix and on the north side of the street are limited to two stories in height at a maximum height of 28 feet for commercial uses. Design Review is a two-step process, requiring conceptual and final review by HPC. It appears that there is currently less than 10% public amenity on the site. As such, the code requires the applicant to provide 10% public amenity onsite. Offsite public amenity and cash -in -lieu may be approved by HPC. Public amenity is reviewed as part of Conceptual Commercial Design Review. Any additional commercial net leasable area is required to meet parking requirements — either provide 1 space/1,000 square feet of net leasable area or pay cash in lieu for the parking spaces at $30,000/space. The affordable housing component does not require parking. Growth Management reviews for the additional commercial space will be required. Any housing mitigation requirements that result from the expanded commercial can be accommodated onsite, offsite or through Affordable Housing Credits. Cash -in -lieu is permitted by right if less than 1 FTE is generated — if more than 1 FTE is generated, the cash -in -lieu can only be approved by City Council. If the existing housing unit is demolished, multi -family replacement requirements will be triggered. The applicant requests that Council conduct Growth Management review and that Council remove the deed restriction (reception # 381336) for the voluntary unit pursuant to Condition #8 of the deed restriction without requiring multi -family replacement. Impact fees are triggered by the addition of floor area and new let leasable commercial space. These fees are calculated at the time of building permit issuance. All the associated reviews may be consolidated at HPC or at City Council, pursuant to Section 26.304.030(D). The application will be subject to Council call-up for the Commercial Design Review. ASLU HPC Major, Commercial Design Review 534 E Cooper, Boogie's 2737-182-24-008 1 The property currently has a vested approval to construct a three (3) story building with a new free-market unit. The applicant will be required to vacate that project and all associated development rights should this proposal be approved by HPC, Vacation of the plat shall be reviewed and approved by City Council. Step 1: HPC — 1) Conceptual Major Development Review 2) Conceptual Commercial Design Review Step 2: City Council — 1) Plat and SIA vacation 2) GMQS 3) Removal of deed restriction (reception # 381336) Step 3: HPC — 1) Final Major Development Review 2) Final Commercial Design Review Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use App: http://www.aspenpitkin.com/Portland %20use%o20a�pp%26form. df Land Use Code: http:llwww,as en itkin,comODe artments/Communit ®Deveiopment/Plannin nd-ZoningJitle-26®Land -Use®Code/ Land Use Code Sections 26.304 Common Development Review Procedures 26.304.035 Neighborhood Outreach 26.304.060.8.1 Combined Reviews 26.412 Commercial Design Review 26.415.070 Certificate of Appropriateness for major development 26.470 Growth Management Quota System 26.470.050 General Requirements 26.470.060 Minor expansion of commercial development (if less than 250 sq. ft. floor area & less than 500 sq ft net leasable) 26.470.070.4 Development of Affordable Housing 26.470.070.5 Demolition or redevelopment of multi -family housing (if applicable) 26.470.070.6 Major Planning and Zoning application (if more than 250 sq. ft. floor area & more than 500 sq ft net leasable) 26.480.090.E Subdivision Amendment — plat vacation 26.515 Parking 26.575.020 Calculations and Measurements 26.575.030 Public Amenity 26.610 Impact Fees 26.630 Transportation Impact Analysis Guidelines 26.710.140 Commercial Core (CC) 2 Review by: Staff for complete application Referral Agencies for compliance with applicable requirements — Engineering, Environmental Health, Parks, APCHA HPC and City Council Public Hearing: Yes, with HPC and City Council Neighborhood Outreach: Yes, prior to first public hearing at HPC. Planning Fees: Planning Deposit — HPC Major Development ($1,950 for 6 hours) Referral Fees: Engineering - $275 deposit APCHA, Parks, Environmental Health - $975 flat fee each Total Deposit: $5,150 (additional planning hours over deposit amount are billed at a rate of $325/hour; additional engineering hours over deposit are billed at a rate of $275/hour) To apply, submit the following information: ❑ Completed Land Use Application and signed fee agreement. ❑ Pre -application Conference Summary (this document). ❑ Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. ❑ Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. ❑ HOA Compliance form (Attached) ❑ Documentation showing the proposal meets all Transportation Mitigation Requirements as outlined in the City's Transportation Impact Analysis Guidelines and Mitigation Tool, available online at: hIff://www,aspenpitkin.com/Departments/Communiti-Develo men UPI annin -and®Zonin /Recent -Code - Amendments/. A copy of the tool showing trips generated and the chosen mitigation measures should be included with the application. ❑ A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. ❑ A site improvement survey (no older than a year from submittal) including topography and vegetation showing the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado. ❑ Written responses to all review criteria. ❑ An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 3 ❑ 1 Complete Copy. If the copy is deemed complete by staff, the following items will then need to be submitted: ❑ 10 Copies of the complete application packet and, if applicable, associated drawings. ❑ Total deposit for review of the application. ❑ A digital copy of the application provided in pdf file format. ❑ A sketch up model will be required for the public hearing. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. 0 KtGtt' I IUNIT: bZUU4 EXHIBIT 10:33:56 AM, 1 OF 2, R $16.00 DF SPEC WD Janice K. Vos Caudil SPECIAL WARRANTY DEED State Doc Fee: $2,750.00 THIS DEED is dated the 'LI 'day of May, 2016, and is made between (whether one, or more than one), Boogie's Building Of Aspen, LLC, a Colorado limited liability company the "Grantor" of the County of Pitkin and State of Colorado and Thor 534 East Cooper Avenue LLC, a Delaware limited liability company (whether one, or more than one), the "Grantee", whose legal address is 25 West 39th Street, 11th Floor, New York, NY 10018 of the County of New York and State of New York. WITNESS, that the Grantor, for and in consideration of the sum of Twenty Seven Million Five Hundred Thousand Dollars and No Cents ( $27,500,000.00 ), the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever, all the real property, together with any Improvements thereon, located in the County of Pitkin and State of Colorado described as follows: v The Easterly 2 1/2 Feet of Lot 0, and all of Lots R and S, � �. Block 95, CITY AND TOWNSITE OF ASPEN described Boogie's 0 also as Building Of Aspen Subdivision, Y1 according to the plat recorded November 6, 2014 in Plat Book 108 at Page 49 f;1 COUNTY OF PITKIN, STATE OF COLORADO.' also known by street address as: 534 E. Cooper Avenue, Aspen, CO 81611 r TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, 0 the reversions, remainders, rents, Issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; r, TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee, and the Grantee's heirs and assigns forever, The Grantor, for the Grantor and the Grantor's heirs and assigns, does covenant, grant, bargain, and agree that the Grantor shall and will WARRANT THE TITLE AND DEFEND the above described premises, in the quiet and peaceable possession of the Grantee and the heirs and assigns of the Grantee, against all and every person or persons claiming the whole or any part thereof, by, through, or under the Grantor except and subject to: See Exhibit "A" attached hereto and made a part hereof IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above, BOOGIES ll -DING OF ASPEN, LLC, A COLORADO LIMITED ILITY C MPANY (/7 'Z 7 e Leonard Weinglass, Manager IG State of GUS County o rJ;} c The foregoing instrument was acknowledged before me this LI day of May,ppl5 by Leonard Weinglass as Manager of Boogies Building of Aspen, LLC, a Colorado Limited Liability Compaqy4 JORDAN MAU9NER . Notary Pablic, Strut of New Wilt RqW alien No. 02MA61133S4 Qualified is New York Ca" Cotttmissiea Expinea July 26, 2016 Witness my hand and Notary Public My commission expirf seal. Stewart Title File Number., 01330-54037 Page 1 of 2 Special Warranty Deed STCO EXHIBIT "A" DEED EXCEPTIONS 1. Taxes and assessments for the year 2015, not yet due and payable. 2. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 3. Terms conditions and obligations contained in Mining Deed recorded recorded January 1, 1900 in Book 125 at Paoe 1 and in Mining Deed recorded recorded January 1, 1899 in Book 105 at Page 66 and in Mining Deed recorded recorded January 1, 1899 in Book 106 at Pace 482 4. Terms conditions reservations and restrictions contained in Deed from City of Aspen recorded January 1, 1900 in Book 59 at Page 248, 5. Notice of Historic Designation recorded January 13, 1975 in Book 295 at Page 515. 6, Occupancy Deed Restriction and Agreement for an Employee Dwelling Unit recorded May 15, 1995 b Book 781 at Page 23 as Reception No 381336. 7. Resolution by Aspen Historic Preservation Commission recorded July 26, 2012 as Reception No. 590891 8. Resolution by City of Aspen Planning and Zoning Commission recorded April 29, 2013 as Reception No 599060 9. Resolution by Aspen Historic Preservation Commission recorded March 20, 2014 as Reception No. 69 10. City of Aspen Ordinance recorded June 24, 2014 as Reception No 611345 11. Subdivision Agreement recorded November 6, 2014s6 Reception No 615172 12. All matters shown on the final plat of Boogie's Building Of Aspen Subdivision recorded November 6, 2014 in Plat Book 108 at Page 49 as Reception No. 615173, including but not limited to the note as: the subject property deed and the adjoining Aspenhof Condominium Map overlap by 0.65' 13. Any and all existing leases and tenancies. 14. All matters shown on the Improvement Survey Plat -Topographic Map of Boogie's Building of Aspen, LLC by Sopris Engineering -LLC, updated February 2015, including but not limited to the note as: the subject property deed and the adjoining Aspenhof Condominium Map overlap by 0,65' Stewart Title File Number: 01330-54037 Page 2 of 2 Special Warranty Deed STCO October 5, 2015 Ms. Sara Adams Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Ms. Adams: Please consider this letter authorization for Sunny Vann of Vann Associates, LLC, Planning Consultants, to represent us in the processing of our application for BPC Major Development Plan review and such other approvals as may be required for our 534 East Cooper Avenue property. Mr. Vann is hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforementioned applica- tion. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, Melissa Gliatta EVP/Authorized Signatory c/o 'Thor Equities, LLC 25 West 39th Street New York, NY 10018 (212) 529-7415 d:loldc\bus\city. iu11ir62215.sa I ATTACHMENT 2 -LAND USE APPLICATION PROJECT: Name: Location: (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) APPLICANT: Name: Address: l Phone #: REPRESENTATIVE: Name: Address: Phone #: TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption GMQS Allotment ❑ Special Review ❑ ESA — 8040 Greenline, Stream Margin, Hallam Lake Bluff, ountain View Plane lv ommercial Design Review ❑ Residential Design Variance ❑ Conditional Use ❑ Conceptual PUD ❑ Final PUD (& PUD Amendment) ❑ Subdivision ❑ Subdivision Exemption (includes condominiumization) ❑ Lot Split ❑ Lot Line Adjustment ExISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) PROPOSAL: (description of proposed buildings, uses, modifications, etc.) lavg,you attached the following? FEES DUE: $ ❑ Temporary Use ❑ Text/Map Amendment ❑ Conceptual SPA ❑ Final SPA (& SPA Amendment) ❑ Small Lodge Conversion/ [Oxpansion ther: Pre -Application Conference Summary ;;KAtUaohment #1, Signed Fee Agreement ponse to Attachment #3, Dimensional Requirements Foran esponse to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ❑ 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word 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. ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: . Applicant: Location: Zone District: Lot Size: Lot Area: (for Me purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Number of residential units Number of bedrooms: Existing: Proposed: Existing: Proposed: Existing: Proposed: Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: Allowable: Proposed.-_ Principal bldg. height: Existing: Allowable: Proposed:_ Access. bldg. height: Existing: Allowable: Proposed.-_ On -Site parking: Existing: Required: Proposed: % Site coverage: Existing: Required.' Proposed: % Open Space: Existing: Required: Proposed: Front Setback: Existing: Required: Proposed: Rear Setback: Existing: Required.• Proposed: Combined F/R: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Combined Sides: Existing: Required: Proposed: Distance Between Existing Required: Proposed: Buildings Existing non -conformities or encroachments: Variations requested: Property Thor 534 East Cooper Avenue, LLC Phone No.: (212) 529-7415 Owner ("I'): Email: gross@thorequities.com Address of 534 East Cooper Avenue Billing c/o Thor Equities, LLC Property: Address: (subject of (send bilis here) 25 West 39th Street application) New York, NY 10018 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. 1 understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees; I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $,975 flat fee for Parks $ 975 fiat fee for APCHA (Housing) $. 975 flat fes for Environmental Healtt , $ 0 flat fee for Select Review For deposit cases only; The City and I understand that because of the size, nature or scope of the proposed project, it Is not possible at this time to know the full extent or total costs involved in processing the application, i understand that additional costs over and above the deposit may accrue, I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full, The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $-11950 deposit for 6 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. $ 275 deposit for 1 hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $275 per hour. City of Aspen; Property Owner; Chris Bendon Community Development Director Name; City Use; 1 5150 Title: -u w Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies, The certification must be Wined by the property owner or Attorney representing the propel _ owner. Property Name: Owner ("IT Email:, Address of Property: G®� (subject of r application) i certify as f s: (pick one) This property is not subject to a homeowners association or other form of private covenant. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed In this land use application do not require approval by the homeowners association or covenant beneficiary, ❑ This property Is subject to a homeowners association or private covenant and the Improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand thI5 policy and i understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document Is a public document. Owner signature: Owner printed name: date: or, f-1 a, / Attorney signature: date: /D Attorney printed nam : �� EXHIBIT DURANT AH LLC VAUSE FAMILY TRUST ANDINA SUPER LLC PO BOX 4068 3020 PLAZA DE MONTE PO BOX 1177 ASPEN, CO 81612 LAS VEGAS, NV 89102 MANLY NSW AUSTRALIA 1655, CAVES KAREN W HENDRICKS SIDNEY J & YOLANDE EVERHAI RUBY RICHARD L TRUST 1 BARRENGER CT 6614 LAKEVILLE RD 30150 TELEGRAPH RD STE 300 NEWPORT BEACH, CA 92660 PETALUMA, CA 94954-9256 BINGHAM FARMS, MI 48025 RUTLEDGE REYNIE K&W PROPERTIES INC ROGENESS FAMILY TRUST 51 COUNTRY CLUB CIR 728 W CANAL ST 3046 COLONY DR SEARCY, AR 72143 NEW SMYRNA BEACH, FL 32168 SAN ANTONIO, TX 78230 NEPSA INVESTMENT GROUP PTY LTD WEIGAND JOHNATHAN R TRUST 11/11/2014 CRAFT LESTER R JR 185 SPRING ST 128 S OAKWOOD PO BOX 127 MELBOURNE VICTORIA WICHITA, KS 67218 BASALT, CO 81621 AUSTRALIA 3000, CORNELISSEN TOM ECCHYMOSIS LLC ROSS JOHN F 4753 N SHORE DR 4802 E 2ND ST # 2 7600 CLAYTON RD MOUND, MN 55364-9607 LONG BEACH, CA 90803 SAINT LOUIS, MO 63117 FRANZ NORBERT ALEXANDER BARGE RENE TRUST VARADY LOTHAR M & CHERYL G KAISERHOFSTR 15 408 31ST ST 5036 MAUNALANI CIR FRANKFURT 60313 GERMANY, NEWPORT BEACH, CA 92663 HONOLULU, HI 96816 AWALL350 LLC ABRAMSON FAMILY REV TRUST SOPRIS VENTURES LLC 350 BLANCA AVE 181 SOUTH AVE 18818 TELLER AVE #130 TAMPA, FL 33606 ALAMO, CA 94507 IRVINE, CA 92612 ROSS JOHN F 434 EAST COOPER AVENUE LLC BERSCH BLANCHE TRUST 50% 7600 CLAYTON RD 2001 N HALSTED STE 304 9642 YOAKUM DR ST LOUIS, MO 63117 CHICAGO, IL 60614 BEVERLY HILLS, CA 90210 BERSCH ELLEN TRUST 50% BERSCH BLANCHE TRUST WALLEN-OSTERAA REV LIVING TRUST 9642 YOAKUM DR 9642 YOAKUM DR 36 OCEAN VISTA BEVERLY HILLS, CA 90210 BEVERLY HILLS, CA 90210 NEWPORT BEACH, CA 92660 SEGUIN WILLIAM L & MARILYN A BRONSON RICHARD L TRUST 50% BRONSON BONNIE L TRUST 50% PO BOX 4274 4510 NE DELAMAR PL 4510 NE DELAMAR PL ASPEN, CO 816124274 LEES SUMMIT, MO 64064 LEES SUMMIT, MO 64064 HUNKE CARLTON J LVG TRST GOFEN ETHEL CARO TRUSTEE MJM AMENDED & RESTATED TRUST 408 N 1ST ST #507 455 CITY FRONT PLAZA 1776 SOUTH LN MINNEAPOLIS, MN 55401 CHICAGO, IL 60611 NORTHBROOK, IL 60062 CALGI RAYMOND D WEIGAND 122 LLC MAVROVIC ERNA 134 TEWKESBURY RD 301 N MAIN ST #600 530 E 72ND ST APT 15-C SCARSDALE, NY 10583 WICHITA, KS 67202 NEW YORK, NY 10021 CLIFFORD MRS MARGARET JOAN HUNTER PLAZA ASSOCIATES LLP 520 EAST COOPER PTNRS LLC 146 WILD TIGER RD 602 E COOPER #202 402 MIDLAND PARK BOULDER, CO 80302 ASPEN, CO 81611 ASPEN, CO 81611 JENNE LLP FITZGERALD FAMILY PARTNERSHIP LTD TOMKINS FAMILY TRUST 1510 WINDSOR RD 520 E COOPER AVE 520 E COOPER AVE #209 AUSTIN, TX 77402 ASPEN, CO 81611 ASPEN, CO 81611 LCT LP P & L PROPERTIES LLC MORRIS ROBERT P PO BOX 101444 101 S 3RD ST #360 600 E HOPKINS AVE STE 304 NASHVILLE, TN 37224-1444 GRAND JUNCTION, CO 81501 ASPEN, CO 81611 CHERAMIE CAPITAL HOLDINGS LLC 21/22 CHERAMIE ALAN A 1122 INT ELLERON CHEMICALS CORP PO BOX 805 139 CHERAMIE LN 2101 WAUKEGAN RD #210 GOLDEN MEADOW, LA 70357 GOLDEN MEADOW, LA 70357 BANNOCKBURN, IL 60015 PETERSON CHRISPY & JAMES E GORDON LEONARD & ELLEN SEELIG-BROWN BARBARA 613 MANGROVE THICKET BLVD 12204 GALESVILLE DR 18 HARVEST LN PONTE VEDRA BEACH, FL 320810747 GAITHERSBURG, MD 20878 LONG VALLEY, NJ 07853 KRAJIAN RON UNCAPHER BILL BAISCH BARBARA D 617 E COOPER AVE #114 PO BOX 2127 PO BOX 2127 ASPEN, CO 81611 LA JOLLA, CA 92038 LA JOLLA, CA 92038 EB BUILDING ASPEN LLC FURNGULF LLP BECKER ERNEST & KATHLEEN TRUST 1601 ELM ST #4000 616 E HYMAN AVE 8090 S DURANGO DR #115 DALLAS, TX 75201 ASPEN, CO 81611 LAS VEGAS, NV 89113 ASPEN SQUARE 410 LP GALENA COOPER LLC BATTLE GERALD LIVING TRUST 1407 YONGE ST #200 601 E HYMAN PO BOX 2847 TORONTO ONTARIO ASPEN, CO 81611 NEWPORT BEACH, CA 92659 M4T IY7 CANADA, HIXSON BURT LVG TRUST BARBATA LAURA ANDERSON 113 PO BOX 2847 1600 TEXAS ST #1504 NEWPORT BEACH, CA 92659 FORT WORTH, TX 76102 BARBATA KATHLEEN ANDERSON 1l3 ASHTON SQUARE LLC 2040 FRANKLIN ST #507 9204 EMMOTT RD SAN FRANSISCO, CA 94109 HOUSTON, TX 77040 DIBRELL CHARLES G JR & FRANCES ASPEN KOEPPEL LLC 24 ADLER CIR 2627 S BAYSHORE DRIVE # 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TN 37218-4020 TREUER CHRISTIN L 5455 LANDMARKL PL #814 GREENWOOD VILLAGE, CO 801111955 REICH DANIEL S TRUST 20% 6 RINCON ST IRVINE, CA 92702 TERMINELLO DENNIS J & KERRY L 656 RIDGEWAY WHITE PLAINS, NY 10605-4323 GILBERT GARY 1556 ROYAL BLVD GLENDALE, CA 91207 FLY MARIE N 10170 WEST HUTTON DR SUN CITY, AZ 85351 514 AH LLC 514 E HYMAN AVE ASPEN, CO 81611 GRINSPOON STEVEN REV TRUST 10 BALDWIN CR WESTON, MA 02493 WELLS RICHARD AARON PO BOX 4867 ASPEN, CO 81612 SCHNITZER LISA 2100 MCKINNEY AVE #1760 DALLAS, TX 75201 SODERLING RONALD E TRUSTEE 901 DOVE ST STE 270 NEWPORT BEACH, CA 92660-3038 OLITSKY TAMAR & STEPHEN PO BOX 514 GWYNEDD VALLEY, PA 19437 N S N ASSOCIATES INC 11051 W ADDISON ST FRANKLIN PARK, IL 60131 GONE WEST LLC 401 W CENTER SEARCY, AR 721451406 SANDIFER DICKSIE L TRUST 240 LINDEN DR BOULDER, CO 80304 FORD ANN MICHIE 216 WAPITI WY BASALT, CO 81621 DEXTER ASPEN LLC 1417W10THST AUSTIN, TX 78703 WF SWEARINGEN LLC STERLING TRUST COMP 450 CONWAY MANOR DR NW 2091 MANDEVILLE CYN RD ATLANTA, GA 30327 LOS ANGELES, CA 90049 WEST ULLA CHRISTINA GRINSPOON JEFFREY REV TRUST 3042 TOLKIEN LN 2724 N LINCOLN AVE LAKE OSWEGO, OR 97034 CHICAGO, IL 60614 ASPEN SQUARE 305 LLC NEUMAYER CHARLES & DEBORAH 6018 BLOSSOM ST 900 BRIDLEGATE LN HOUSTON, TX 77007 NORTHFIELD, IL 60093 JONA HOLDINGS INC MAYFAIR INVESTMENTS LLC PO BOX 163 PO BOX 268 TORONTO ONTARIO CANADA M5K1 H6, RICHMOND VICTORIA 3121 AUSTRALIA, GUILBEAU CAPITAL HOLDINGS LLC BISCHOFF JOHN C 151 CHERAMIE LN 565 CITRUS AVE GOLDEN MEADOW, LA 70357 INPERIAL BEACH, CA 919321111 VARADY LOTHAR & CHERYL TRUST TENNESSEE THREE 5036 MAUNALANI CIR PO BOX 101444 HONOLULU, HI 96816 NASHVILLE, TN 37224-1444 ANDERSON ROBERT M & LOUISE E SANDIFER C W JR TRUST 1021 23RD ST 240 LINDEN DR CHETEK, WI 54728 BOULDER, CO 80304 ASPEN GROVE ASSOCIATES LLP ASPEN SQUARE VENTURES LLP 51027 HWY 6 &24 #100 602 E COOPER #202 GLENWOOD SPRINGS, CO 81601 ASPEN, CO 81611 FORD MICHIE COASTAL MTN PROPERTIES LLC 216 WAPITI WY 2639 MC CORMICK DR BASALT, CO 81621 CLEARWATER, FL 33759 KRISTAL ASPEN LLC INDEPENDENCE SQUARE UNITS LLC 1417 WEST 10TH ST 400 E MAIN ST #2 AUSTIN, TX 787034816 ASPEN, CO 81611 SCHULTZE DANIEL G KEENE KAREN M CRAMER ROBERT W 404 S GALENA ST #210 1700 BASSETT ST #503 3502 ARMSTRONG AVE ASPEN, CO 81611 DENVER, CO 80202 DALLAS, TX 75205 ASPEN RETREAT LLC SCHROEDER FAMILY TRUST BLACK HAWK ASPEN LLC 6536 E GAINSBOROUGH 4 GREENWOOD CT ROECLIFFE COTTAGE JOE MOORES LN SCOTTSDALE, AZ 85251 ORINDA, CA 94563 WOODHOUSE EAVES LEICESTERSHIRE LE12 8TF ENGLAND, K & W PROPERTIES INC SAGE STONE PROPERTIES LLC AGRUSA LISA ANN 728 W CANAL ST 12727 CRANES MILL 4761 W BAY BLVD #1704 NEW SMYRNA BEACH, FL 32168 SAN ANTONIO, TX 78230 ESTERO, FL 33928 LEFFERS JEFFREY J TRUSTEE GERARDOT J REVOCABLE TRUST MAIERSPERGER RENELL 5526 HOPKINTON DR 5526 HOPKINTON DR 404 S GALENA FORT WAYNE, IN 46804 FORT WAYNE, IN 46804 ASPEN, CO 81611 ASPEN MOUNTAIN FUN LLC STEPHENS ROSS DAVID RANKMORE KEVIN L & JASMINE PO BOX 10264 23 IVANHOE STREET SORRENTO PO BOX 168 ASPEN, CO 81612 VICTORIA 3943 AUSTRALIA, WELLINGTON NSW 2820 AUSTRALIA, HAMMER DRU RESIDENTIAL TRUST ROSS ROGER A REVOCABLE TRUST ROSS BARBARA REVOCABLE TRUST 2828 HOOD ST #1602 4720 WAILAPA RD 4720 WAILAPA RD DALLAS, TX 75219 KILAUEA, HI 96754 KILAUEA, HI 96754 JACOBSON GREGORY DARHOWER ADRIENNE SCHROEDER FAMILY TRUST 1511 NICKERSON ST 1511 NICKERSON ST 4 GREENWOOD CT AUSTIN, TX 78704 AUSTIN, TX 78704 ORINDA, CA 94563 INDEPENDENCE PARTNERS YERAMIAN CHARLES REV TRUST BENNETT MARGARET A REV TRUST 602 E COOPER AVE #202 PO BOX 12347 55 BAYBROOK LN ASPEN, CO 81611 ASPEN, CO 81612 OAK BROOK, IL 60523 RIEDEL JOYCE L TRUST MOEN DONNE & ELIZABETH FAM TRUST PLATINUM GLOBAL VENTURES LLC PO BOX 3006 8 CABALLEROS RD PO BOX 2896 EDWARDS, CO 81632-3006 ROLLING HILLS, CA 90274 CHAPEL HILL, NC 27515 GLUCK SANFORD & CAROLE E ASP TRST WILSON LINDA J & DAVID P WEIDEL LAWRENCE W 176 E 71ST ST PO BOX 1343 PO BOX 1007 NEW YORK, NY 10021 EDWARDS, CO 81632 MONROE, GA 30655 WISE JOSEPH KOEPPEL KEVIN F MJM HOLDINGS II LLC 1320 HODGES ST 2627 S BAYSHORE DRIVE # 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WHEREAS, the applicant, Boogie's Building of Aspen, LLC, represented by Kim Weil of Poss Architecture + Planning, has requested HPC Major Development (Conceptual) and Commercial Design Review (Conceptual) approval for the property located at 534 Cooper Street, Lots R and S, and the Easterly 2 1/2 feet of Lot Q, City and Townsite of Aspen, Colorado; and WHEREAS, the subject property is located within the Commercial Core Historic District; and WHEREAS, Section 26.415.070, Development involving designated historic property, of the Municipal Code states that "no building or structure shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or district until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review;" and WHEREAS, for Conceptual Major Development Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.D.3.b.2 and 3, Development involving designated historic property- Certificate of appropriateness for major development, of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional inf6rmation necessary to make a decision to approve or deny; and WHEREAS, for Conceptual Commercial Design Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen Commercial, Lodging and Historic District Design Objectives and Guidelines per Section 26.412.040.A.2, Commercial Design Standards Review Procedure, of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, Sara Adams, in her staff report to Historic Preservation Commission dated July 11, 2011, performed an analysis of the application based on the standards, found that the review standards are met with conditions; and RECEPTION#: 590891, 07/26/2012 at 10:13:55 AM, 1 of 2, R $16.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO 534 E. Cooper Street (Boogie's) HPC Resolution #16, Series of 2012 Page 1 of 2 WHEREAS, during the duly noticed public hearing on July 11, 2012, the applicant provided the Historic Preservation Commission with proof of completion of the neighborhood outreach requirement of Section 26.304.035.C.3 and Section 26.304.035.F, Neighborhood Outreach, of the Aspen Municipal Code; and WHEREAS, at their regular meeting on July 11, 2012, the Historic Preservation Commission considered the application during a duly noticed public hearing, the staff memo and public comments, and found the proposal consistent with the review standards and recommended approval with conditions by a vote of four to zero (4 — 0). NOW, THEREFORE, BE IT RESOLVED: That HPC hereby grants HPC Major Development (Conceptual), Commercial Design Standard Review (Conceptual) approval for the property located at 534 East Cooper Street, City and Townsite of Aspen, Colorado with the following conditions: 1. Chimney is not approved. 2. Restudy materials on elevator shaft to reduce perceived mass and height for review at Final Review. 3. The 42 ft. height increase is not approved. 4. Public amenity approved to be 8% onsite and 2% off-site public improvements to the right of way subject to review and approval by the Parks Department, Engineering Department and Community Development Department. 5. A development application for a Final Development Plan shall be submitted within eighteen (18) months of July 11, 2012, the date of approval of a Conceptual Development Plan. Failure to file such an application within this time period shall render null and void the approval of the Conceptual Development Plan. The Historic Preservation Commission may, at its sole discretion and for good cause shown, grant a one-time extension of the expiration date for a Conceptual Development Plan approval for up to six (6) months provided a written request for extension is received no less than thirty (30) days prior to the expiration date. APPROVED BY THE COMMISSION at its regular meeting on the 11th day of July, 2012. Ann Mullins, Chairman Appr d as to Form: Deb ie Quinn, Assistant City Attorney ATTES Kathy Strie and, Chief Deputy Clerk 534 E. Cooper Street (Boogie's) HPC Resolution #16, Series of 2012 Page 2 of 2 EXHIBIT RECEPTION#: 599060, 04/29/201w,, 10:34:32 AM, 1 of 13, R $71.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION N0. 10, (SERIES OF 2013) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING FREE-MARKET RESIDENTIAL, AFFORDABLE HOUSING, AND COMMERCIAL GROWTH MANAGEMENT REVIEWS, AND RECOMMENDING THE CITY COUNCIL APPROVE A SUBDIVISION, FOR THE DEVELOPMENT OF ONE (1) FREE-MARKET RESIDENTIAL UNIT, ONE (1) AFFORDABLE HOUSING UNIT, AND 292 SQ FT OF NEW COMMERCIAL SPACE FOR THE PROPERTY LOCATED AT 534 E COOPER AVE BOOGIES BUILDING) CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. ParcelID: 2737-182-24-008 WHEREAS, the Community Development Department received an application from Boogie's Building of Aspen, LLC, represented by Sunny Vann of Vann Associates, LLC requesting approval of Free -Market Residential, Affordable Housing, and Commercial Growth Management Allotments, and Subdivision, to remodel and expand the existing building to include one (1) free-market residential unit, one (1) affordable housing unit, and 292 sq ft of new commercial space; and, WHEREAS, the Applicant requests approval by the Planning and Zoning Commission Free -Market Residential, Affordable Housing, and Commercial Growth Management Allotments; and, WHEREAS, the Applicant requests a recommendation by the Planning and Zoning Commission to the City Council for Subdivision approval; and, WHEREAS, the property is zoned Commercial Core (CC); and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended approval of the application; and, WHEREAS, during a duly noticed public hearing on April 16, 2014, the Planning and Zoning Commission approved Resolution No. 10, Series of 2013, by a seven to zero (7 — 0) vote, approving one (1) Free -Market Residential Growth Management Allotments, one (1) Affordable Housing Growth Management Allotment, and 292 sq R Commercial Growth Management Allotments, and recommending the Aspen City Council approve aSubdivision; and, WHEREAS, the Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Resolution No 10, Series 2013 Page I of 5 Development Director, the applicable referral agencies, and has taken and considered public comment; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves Growth Management allotments and approvals for one (1) free-market residential unit, one (1) affordable housing unit, and 292 sq ft of commercial net Ieasable space. The Planning and Zoning Commission hereby recommends City Council approval of Subdivision. Section 2: Dimensions All dimensions shall meet the requirements of the Land Use Code in effect on March 30, 2012 (date of initial application). The free-market residential unit is approved at 2,307 square feet of net livable area, through the landing of a Historic Transferable Development Right (TDR). The approved floor plans are attached as Exhibit A. Minor changes from these are permitted at building permit. Areas labeled as "roof' or "rooftop garden" are not permitted for use as a deck. The chimney shown in the approved plans is not approved. The project is subject to all conditions included in HPC Resolution 16, Series of 2012. The Final HPC and Commercial Design Reviews shall address where any rooftop mechanical equipment is located. Section 3: Engineering The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the Engineering Department. The Applicant shall be subject to the Urban Runoff Management Plan Requirements. A compliant drainage plan must be submitted with a building permit application. This includes detaining and providing water quality for the entire site. If the site chooses fee - in -lieu of detention (FIL), it can only be applied to existing impervious areas all new Resolution No 10, Series 2013 Page 2 of 5 areas will need to discharge at historic rates. Any detention requirements covered under the FIL option must discharge directly to the City's stormwater infrastructure. As of March 13, 2013, the sidewalk was in acceptable condition and did not require replacement. The curb and gutter was damaged and should be replaced. Should the sidewalk, curb or gutter be damaged as a result of construction activities, it will be the property owner's responsibility to repair the damage as described in Title 21. Due to the proximity of the neighboring property, the City will require an excavation stabilization plan prior for any excavation. The plan should be submitted with the building permit submittal. The Construction _ Management Plan shall describe mitigation for: parking, staging/encroachments, and truck traffic. Section 4: Affordable Housing The I on-site, one -bedroom affordable housing unit shall be deed restricted to Category 3. The Certificate of Occupancy (CO) for the unit shall be issued prior to or at the same time as the proposed free-market unit. The unit shall be owned and managed by Boogies Building of Aspen, LLC. More detailed information regarding the management and maintenance of the unit shall be provided to APCHA with the proposed deed restriction prior to CO. The owner shall have the right to rent the unit to tenants qualified under the APPCHA Guidelines. If the owner cannot provide a qualified tenant, the unit shall be rented through APCHA's normal advertising process. At no time shall the tenancy of the unit during a lease period be tied to continued employment by the owner. Tenant leases, however, may be terminated for cause or at the end of the lease period upon termination of employment. The tenant in the rental unit shall be required to be requalified by APCHA on a yearly basis. Owner and APCHA stipulate and agree that, in accordance with C.R.S. 38-12-301(l)(a) and (b), this Deed Restriction constitutes a voluntary agreement and deed restriction to limit rent on the property subject hereto and to otherwise provide affordable housing stock. Owner waives any right it may have to claim that this Deed Restriction violates C.R.S. 38-12-301. The deed restriction shall allow the unit to become ownership unit at such time as the owner elects to condominiumize and sell the unit, or at such time as APCHA determines the unit is found to be out of compliance for one year. If the unit is found to be out of compliance for one year, or the owner elects to sell the unit, the unit shall be listed for sale with APCHA at the category specified in the deed restriction. The sales price shall be as stated in the APCHA Guidelines in effect at the time of recordation of the deed restriction plus appreciation calculated at three percent (3%) per annum or the Consumer Price Index (simple appreciation not compounded), whichever is less, as of the listing date of the unit. Resolution No 10, Series 2013 Page 3 of 5 If the unit is being sold due to noncompliance, it shall be sold through the lottery system. If the owner elects to sell the unit, the owner may choose the initial buyer provided they qualify under APCHA's top priority for the unit, If the owner elects to sell the unit, or they are required to be sold due to noncompliance, owner shall condominiumize the unit and form a condominium association for the management and maintenance thereof. The affordable housing association shall be separate from the free-market residential unit's and commercial unit's association(s). In the event the rental unit is required to become ownership unit due to noncompliance, APCHA or the City may elect to purchase them for rental to qualified tenants in accordance with APCHA Guidelines. Section S: Fire Mitigation All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (TFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Section 6: Utilities Due to a low roof (non -conforming with standards) above the existing transformer and non-conformance to Electrical codes, the existing transformer cannot be upsized in place. Most likely the transformers at Aspen Core/ Little Armies will not be able to be used by this developer as capacity is being reserved for those developments. Due to these constraints, a new transformer location may be the best option. The applicant shall work with the Utilities Department prior to submittal of building permit to determine a location for a new transformer that acceptable to the Utilities Department. Section 7: Sanitation District Requirements Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. Because a restaurant currently exists and is anticipated to remain, Oil and Grease interceptors (NOT traps) are required for all food processing establishment. Locations of food processing shall be identified prior to building permit. Section 8: Parks Landscaping in the public right of way will be subject to landscaping in_ the ROW - requirements, Chapter 21.20. There shall be no plantings within the City ROW which are not approved by the City Parks Department and the Engineering Department. If a tree(s) is requested for removal, the applicant will be required to receive an approved tree removal permit per City Code 13,20, this includes impacts under the drip line of the tree. Parks is requiring that the tree permit be approved prior to approval of the demo and/or building permits. Parks will approve a final landscape plan during the review of the tree removal permit based on the landscape estimates. Resolution No 10, Series 2013 Page 4 of 5 A vegetation protection fence shall be erected at *the drip line of each individual tree or groupings of trees remaining on site and their represented drip lines. A formal plan indicating the location of the tree protection will be required for the building permit set. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site. This fence must be inspected by the city forester or his/her designee before any construction activities are to commence, Section 9: Parkin The applicant shall pay a cash -in -lieu fee for the 0.292 parking spaces generated by the development. Sech--- i2 10: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as ' herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 11: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 12• If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 16th day of April, 2013. APPROVED AS TO FORM: CO I(� Debbie Quinn, Asst. City Attorney pamer, Chair ATTEST: rcckie Lothian, Deputy City Clerk ZONING Resolution No 10, Series 2013 Page 5 of 5 RECEPTION#:611345 EXHIBIT 02:50:03 PM, 1 OF 11, R $61.00 Do Ordinance No. 26, Janice K. Vos Caudill, (SERIES OF 2013) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING SUBDIVISION, FOR THE DEVELOPMENT OF ONE (1) FREE-MARKET RESIDENTIAL UNIT, ONE (1) AFFORDABLE HOUSING UNIT, AND 292 SQ FT OF NEW COMMERCIAL SPACE FOR THE PROPERTY LOCATED AT 534 E COOPER AVE (BOOGIES BUILDING) CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-182-24-008 WHEREAS, the Community Development Department received an application from Boogie's Building of Aspen, LLC, represented by Sunny Vann of Vann Associates, LLC requesting approval of Free -Market Residential, Affordable Housing, and Commercial Growth Management Allotments, and Subdivision, to remodel and expand the existing building to include one (1) free-market residential unit, one (1) affordable housing unit, and 292 sq ft of new commercial space; and, WHEREAS, the Applicant requests approval by the Planning and Zoning Commission Free -Market Residential, Affordable Housing, and Commercial Growth Management Allotments; and, WHEREAS, the Applicant requests a recommendation by the Planning and Zoning Commission to the City Council for Subdivision approval; and, WHEREAS, the property is zoned Commercial Core (CC); and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended approval of the application; and, WHEREAS, during a duly noticed public hearing on April 16, 2014, the Planning and Zoning Commission approved Resolution No. 10, Series of 2013, by a seven to zero (7 — 0) vote, approving one (1) Free -Market Residential Growth Management Allotments, one (1) Affordable Housing Growth Management Allotment, and 292 sq ft Commercial Growth Management Allotments, and recommending the Aspen City Council approve a Subdivision; and, WHEREAS, on July 8, 2013 the Aspen City Council approved Ordinance No. 26, Series 2013, on First Reading by a four to zero (4-0) vote, approving with conditions a subdivision of the Property; and, WHEREAS, during a public hearing on July 22, 2013, the Aspen City Council approved Ordinance No. 26, Series 2013, by a four to zero (4-0) vote, approving with conditions a subdivision of the Property; and, Ordinance No 26, Series 2013 Page 1 of 6 WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: . Section 1: Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council approves a Subdivision review allowing for the development of one (1) free-market residential unit, one (1) affordable housing unit, and 292 sq ft of commercial net leasable space at 534 E Cooper Ave, commonly known as the Boogies Building. Section 2: Plat and Agreement The Applicant shall record a Subdivision Improvement Agreement (SIA) and subdivision plat that meets the requirements of Land Use Code Chapter 26.480, Subdivision, within 180 days of Final HPC and Final Commercial Design approval. Once construction is nearly complete but prior to an issuance of Certificate of Occupancy, the developer shall file a condominium plat and associated documents for review and approval by the City Engineer and Community Development Director as outlined in Land Use Code Section 26.480.090, Condominiumization. Section 3: Dimensions & Zoning Requirements All dimensions shall meet the requirements of the Land Use Code in effect on March 30, 2012 (date of initial application). The free-market residential unit is approved at 2,307 square feet of net livable area, through the landing of a Historic Transferable Development Right (TDR). The approved floor plans, dated June 24, 2013, are attached as Exhibit A. Minor changes from these are permitted at building permit. Areas labeled as "roof' or "rooftop garden" are not permitted for use as a deck. The chimney shown in the approved plans is not approved. Ordinance No 26, Series 2013 Page 2 of 6 The project is subject to all conditions included in HPC Resolution 16, Series of 2012. The 2% required -off-site Public Amenity space may be satisfied through actual improvements approved by the Parks, Engineering, and Community Development Departments, or through a cash -in -lieu payment of $9,403.50, as originally recommended by HPC in Resolution 16, Series of 2012. Final HPC and Commercial Design Review is required. The Final HPC and Commercial Design Reviews shall address where any rooftop mechanical equipment is located. Section 4: Temporary Enclosure Removal Removal of the existing second floor deck enclosure shall be completed prior to and be a condition of the Subdivision Improvement Agreement (SIA) recordation. A building permit may not be applied for until the enclosure is removed, as verified by the Zoning Officer. Section 5: Parking The applicant shall pay a cash -in -lieu fee for the 0.292 parking spaces generated by the added commercial space in the development. Section 6: Engineering The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the Engineering Department. The Applicant shall be subject to the Urban Runoff Management Plan Requirements. A compliant drainage plan must be submitted with a building permit application. This includes detaining and providing water quality for the entire site. If the site chooses fee - in -lieu of detention (FIL), it can only be applied to existing impervious areas all new areas will need to discharge at historic rates. Any detention requirements covered under the FIL option must discharge directly to the City's stormwater infrastructure. As of March 13, 2013, the sidewalk was in acceptable condition and did not require replacement. The curb and gutter was damaged and should be replaced. Should the sidewalk, curb or gutter be damaged as a result of construction activities, it will be the property owner's responsibility to repair the damage as described in Title 21. Due to the proximity of the neighboring property, the City will require an excavation stabilization plan prior for any excavation. The plan should be submitted with the building permit submittal. The Construction Management Plan shall describe mitigation for: parking, staging/encroachments, and truck traffic. Section 7: Affordable Housing The one (1) on-site, one -bedroom affordable housing unit shall be deed restricted to Category 3 and is being used as mitigation for the development. The Certificate of Ordinance No 26, Series 2013 Page 3 of 6 Occupancy (CO) for the unit shall be issued prior to or at the same time as the proposed free-market unit. The affordable housing units shall be compliant with the Aspen/Pitkin County Housing Guidelines. Owner and APCHA stipulate and agree that, in accordance with C.R.S. 38-12-301(1)(a) and (b), this Deed Restriction constitutes a voluntary agreement and deed restriction to limit rent on the property subject hereto and to otherwise provide affordable housing stock. Owner waives any right it may have to claim that this Deed Restriction violates C.R.S. 38-12-301. More detailed information regarding the management and maintenance of the unit shall be provided to APCHA with the proposed deed restriction prior to CO. The owner shall have the right to rent the unit to tenants qualified under the APPCHA Guidelines. If the owner cannot provide a qualified tenant, the unit shall be rented through APCHA's normal advertising process. At no time shall the tenancy of the unit during a lease period be tied to continued employment by the owner. Tenant leases, however, may be terminated for cause or at the end of the lease period upon termination of employment. The tenant in the rental unit shall be required to be requalified by APCHA on a yearly basis. If the owner elects to sell the unit, or they are required to be sold due to noncompliance, owner shall condominiumize the unit and form a condominium association for the management and maintenance thereof. The affordable housing association shall be separate from the free-market residential unit's and commercial unit's association(s). In the event the rental unit is required to become ownership unit due to noncompliance, APCHA or the City may elect to purchase them for rental to qualified tenants in accordance with APCHA Guidelines. Section 8: Fire Mitigation All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Section 9: Utilities Due to a low roof (non -conforming with standards) above the existing transformer and non-conformance to Electrical codes, the existing transformer cannot be upsized in place. Most likely the transformers at Aspen Core/ Little Annies will not be able to be used by this developer as capacity is being reserved for those developments. Due to these constraints, a new transformer location may be the best option. The applicant shall work with the Utilities Department prior to submittal of building permit to determine a location for a new transformer that acceptable to the Utilities Department. Section 10: Sanitation District Requirements Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. ACSD will review the approved Ordinance No 26, Series 2013 Page 4 of 6 Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. Because a restaurant currently exists and is anticipated to remain, Oil and Grease interceptors (NOT traps) are required for all food processing establishment. Locations of food processing shall be identified prior to building permit. Section 11: Parks Landscaping in the public right of way will be subject to landscaping in the ROW requirements, Chapter 21.20. There shall be no plantings within the City ROW which are not approved by the City Parks Department and the Engineering Department. if a tree(s) is requested for removal, the applicant will be required to receive an approved tree removal permit per City Code 13.20, this includes impacts under the drip line of the tree. Parks is requiring that the tree permit be approved prior to approval of the demo and/or building permits. Parks will approve a final landscape plan during the review of the tree removal permit based on the landscape estimates. A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site and their represented drip lines. A formal plan indicating the location of the tree protection will be required for the building permit set. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site. This fence must be inspected by the city forester or his/her designee before any construction activities are to commence. Section 12: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 13: 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 14• If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Ordinance No 26, Series 2013 Page 5 of 6 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 8th day of July, 2013. ATTEST: Kathryn S. K , City Clerk FINALLY, adopted, passed and approved this '22 -day of 6 0 L 2013. f Stcven Skadron, Mayor ATTEST: APPROVED AS TO FORM: J2--ye- — Kathryn S. Ko c City Clerk ames R. True, City Attorney r Ordinance No 26, Series 2013 Page 6 of 6 •��, b� INf.'iW NinnH M1Y6^lb Nax4YJY'I. I,KI:AJ IOW (:t - opiinaya Zl s 2x13 _T=x h iloit A r 5 r t;iii c floa w 41 C '— (n •�;,r,�l y i 99 v71 F� MM W ,Kemp ✓�' Yi?T `ems a � � �s#rcwrnmry:�onn,raaaw �vaasrrx��as�.i m G �o Ei;i my 47> ttH� C7 Q \q c3q \ \� Iz a ' 2� rl §� MM i. ' S. tl Lill Nip c7 � §a ¢ ® } m� CD �»� ty �f�IN7:lID}:*iil itMlf�ds{d 1.V dnTtd�7C[S IrT�F11L�Rly n ��( Cle■,J G.r�,sga {{ 't;yl't`` .a a X25 LES o'T1 iv KIN, N co C-07 Y l,�tijUl F b m 'Ji �i RECEPTION#: 608769, 03/20/2014 at 08:47:26 AM, 1 OF 12, R $66.00 Doc Code a RESOLUTION Janice K. Vos Caudill, Pitkin County, A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) GRANTING MAJOR DEVELOPMENT (FINAL) AND FINAL COMMERCIAL DESIGN REVIEW APPROVAL FOR THE PROPERTY LOCATED AT 534 EAST COOPER STREET, LOTS R, S AND THE EASTERLY 2 1/2 FEET OF LOT Q, BLOCK 95, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO RESOLUTION # 91 SERIES OF 2014 PARCEL ID: 2737-182-24-008 WHEREAS, the applicant, Boogie's Building of Aspen, LLC, represented by Kim Weil of Poss Architecture + Planning, has requested HPC Major Development (Final) and Commercial Design Review (Final) approval for the property located at 534 Cooper Street, Lots R and S, and the Easterly 2 1/2 feet of Lot Q, Block 95, City and Townsite of Aspen, Colorado; and WHEREAS, the subject property is located within the Commercial Core Historic District; and WHEREAS, Section 26.415.070, Development involving designated historic property, of the Municipal Code states that "no building or structure shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or district until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review;" and WHEREAS, Final Major Development Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.D.4.b.2 and 3 of the Municipal Code and other applicable Code Sections, The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, for Final Commercial Design Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen Commercial, Lodging and Historic District Design Objectives and Guidelines per Section 26.412.040.A.5, Commercial Design Standards Review Procedure, of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, Sara Adams, in her staff report to HPC dated March 12, 2014 performed an analysis of the application based on the standards, found that the review standards had been met with conditions, and recommended approval with conditions; and WHEREAS, at their regular meeting on March 12, 2014, the Historic Preservation Commission considered the application during a duly noticed public hearing, the staff memo and public 534 East Cooper Avenue HPC Resolution # 9, Series of 2014 Page 1 of 3 comments, and found the proposal consistent with the review standards and recommended approval with conditions by a vote of 6 - 0. NOW, THEREFORE, BE IT RESOLVED: That HPC hereby grants HPC Major Development (Final), Final Commercial Design Standard Review, for the property located at 534 East Cooper Avenue, Lots R, S and the Easterly 2.1/2 feet of Lot Q, Block 95, City and Townsite of Aspen, Colorado, with the following conditions: 1. Staff and Monitor to review and approve samples of the materials including the finish of the metal panels and the sandstone color. The metal is not permitted to be shiny. 2. Staff and Monitor to review the proposed guardrail enclosures around the two mechanical equipment areas on the roof. The railing is to be the same around the two areas. The applicant shall mock up a louvered wall and a pipe railing for Staff and Monitor to review and determine which is appropriate. 3. The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3) years from the date of issuance of a development order. 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 Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in 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 this Title. 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: 534 Cooper Street, Lots R and S, and the Easterly 2 1/2 feet of Lot Q, Block 95, City and Townsite of Aspen, Colorado. Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. 534 East Cooper Avenue HPC Resolution # 9, Series of 2014 Page 2 of 3 The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. Jay Ma 'n, Chair Approved as to Form: Debbie Quinn, Assistant City Attorney ATTEST: Kathy Stric4land, Chief Deputy Clerk Exhibit A: approved plans and elevations 534 East Cooper Avenue HPC Resolution # 9, Series of 2014 Page 3 of 3 ivnMeaaa9nl s, xova�ari��uwuau«s ar�iemli«'.�'aiw?va �Ivxi 3 € 0- n 314 + = s3a''3 j o 0 _ U $ Z r us'�S IE CD 0.` ._ .. n OHM Nho-I A*" ivnMeaaa9nl s, xova�ari��uwuau«s ar�iemli«'.�'aiw?va �Ivxi Lu CD CD CN Ell COO) cn C4 k LIJ a,m oz =*NP� kyj mu .P -v cntmiuA-a la , - ,WZoV cr EE 55 Ell CD C) c--, E CD < MIN =*NP� kyj mu .P -v cntmiuA-a la , - ,WZoV < tt ah =*NP� kyj mu .P -v cntmiuA-a la , - ,WZoV . x5 .. d Y+ IFSIS =: _ a sag i+S� ea O S O c3coo i s § nv eF ®5 13, j ill o:7tli a n jwanaanaou9r�roenu•a�mimauNum><+aoniazn:�an+naiiv j M O I�aavumsmareffacau�s�v�ar��l�awuwu=c,�arnamzlaz?�em+�naw�a � ce s• Z LU i w UA =cma=-rill y M O I�aavumsmareffacau�s�v�ar��l�awuwu=c,�arnamzlaz?�em+�naw�a � ulooyenoae•�n�m OOV'dOl00 'N3dSV 1 /zse-a� V' It lzV9>trota Wwa�,i 2918'opelam7lwtl Yli WS'/Z 49�MH SA l060i'6998 saa Od ;ewiasal"'d Palms ug331 kv -Now A E< O 4 O �RaO�%46114 R.WaB •l w"m sauelinsuoo 6uueaul6u3 le1n4oall4ohi ONINNVId d01d002i § o o hHb'NIWII3�id g o¢- 1N3WdO13A3a3�tJ S310008 � ,, �. _ a _ ;: -• dab F J 5 z 0. Wl- - of 2O pp 1 I OFLL g0 I 1,' � 5 om W $� oz Zm o J %gwG - 2W�-I� 1 1 I 1 =F --- ia mai t [itiW o 0 ƒ •_____�____A�� CM � HFIRR ƒ •_____�____A�� M— -ONPA.- . -Ma m,*m z 0 ti OR z C-3 N CD M— -ONPA.- . -Ma m,*m z 0 ti OR z I b 25IDa DEVELOPMENT ORDER of the City of Aspen Community Development Department J This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26,304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code, This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date.of a three-year vested property right, The vested property right shall expire on the day after the third anniversary of the •effective date of this Order, unless a building permit is approved pursuant to Section 26,304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010, After Expiration of vested property rights, this Order shall remain in Rill force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Boogie's Building of Aspen LLC 534 East Cooper Ave., Aspen, CO 816 11 Property Oivner's Name, j1dailingAdilress 534E Cooker Ave, Lots R S and the easterly 2 % feet of Lot O Block 95 City and Townsite of Aspen, Colorado, Legal Description and Street Address of Subject Property Approval was granted for the expansion of the existing commercial space by 292 square feet the addition of a third floc' to house a now _free market residential unit and for an affordable housing unit on the second floor. Written Description of the Site Specific Plan andlor Attachment Describing Plan HPC granted a Certificate of Appropriateness for major development and Commercial Design Review (Resolution 16 Series of 2012 and Resolution 9 Series of 2014). The Planning and Zoning Commission granted Growth Management allotments for 1 flee market residential unit, I affordable housing unit, and 292 square feat of new commercial space (Resolution 10, Series of 2013). City Councilrg Anted Subdivision approval Ordinance 26, Series of 2013). Land Use Approval(.$) Received and Dates (Attach Final Ordinances or Resolutions) March 20, 2014 Effective Dale of Development Order (Smite as date of publication of notice of approval.) March 20 2017 Expiration Date of • Development Order (The extension, r•einstatentent, exemption •from expirallon and revocation may be pursued in accordance with Section 26305.010 of the City Of Aspect Municipal Code.) Issued this 171h clay of Mareh 2014, by the City of Aspen Commnnit y Development Director, Chris Bendo r ornnunrity Developme t Direct r RECEPTION#: 615172, 11/06/2014 at 09:10:41 AM, 1 OF 13, R $71.00 Janice K. Vos Caudill, Pitkin County, CO SUBDIVISION AGREEMENT THIS SUBDIVISION AGREEMENT (the "Subdivision Agreement") is made and entered into this & day of Ar N . , 2014, by and between THE CITY OF ASPEN, COLORADO, a municipal corporation (hereinafter referred to as "City"), and BOOGIE'S BUILDING OF ASPEN, LLC, a Colorado limited liability company (hereinafter referred to as "Owner"). WITNESSETH: WHEREAS, Owner submitted to the City Applications for Historic Preservation Commission Major Development and Commercial Design Review approval, Free Market Residential, Affordable Housing and Commercial Growth Management Quota System Allotments; and Subdivision Approval (collectively the "Application") for that certain property in the City of Aspen, Colorado more particularly described on Exhibit A attached hereto and made a part hereof by this reference (the "Property"), which Application requested approval to remodel and expand the existing building located on the Property to include one (1) free market residential unit, one (1) affordable housing unit, and 292 square feet of new commercial net leasable area (the "Project"); and WHEREAS, Section 26.480.070.A of Title 26, Land Use Regulations, of the Aspen Municipal Code, Owner and City are required to enter into a Subdivision Agreement binding the subdivision to any conditions placed on the approval thereof; and WHEREAS, the subdivision portion of the Application requires the approval, execution and recordation of a Final Plat of Boogie's Building of Aspen Subdivision; and WHEREAS, City has fully considered the Application, the Final Plat, the proposed development and improvement of the Property, and the effects of the proposed development and improvement of said Property on adjoining or neighboring properties and property owners and has approved same; and WHEREAS, City has imposed certain conditions and requirements in connection with its approval, execution and recordation of the Final Plat, such matters being necessary to protect, promote and enhance the public safety, health and welfare; and WHEREAS, Owner is willing to acknowledge, accept, abide by and faithfully perform the conditions and requirements imposed by City in approving the Application and the Final Plat; and WHEREAS, contemporaneously with the execution and recording of this Subdivision Agreement, City and Owner have executed and recorded the Final Plat in Plat Book�yr at Page 1 of 13 mmml EXHIBIT 3 RECEPTION#: 615172, 11/06/2014 at 09:10:41 AM, 2 OF 13, Janice K. Vos Caudill, Pitkin County, CO Page H3 as Reception N415 /7 3 in the Office of the Clerk and Recorder of Pitkin County, Colorado (the "Final Plat"). NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the approval, execution and acceptance of the Final Plat, and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, -the parties agree as follows: ARTICLE I PURPOSE OF SUBDIVISION AGREEMENT Purpose. The purpose of this Subdivision Agreement is to set forth the complete and comprehensive understanding and agreement of the parties hereto with respect to the remodeling and expansion of the Boogies Building (the "Boogies Building"), its existing affordable housing unit; the addition of a new free-market residential unit to the Building; and to enumerate all terms and conditions under which such activities may occur. ARTICLE H REGULATORY APPROVALS 2.1 Approval Actions. (a) Historic Preservation Commission Resolution No 16, (Series of 2012), approved July 11, 2012 and recorded July 26, 2012 as Reception No 590891 granted Conceptual Major Development and Conceptual Commercial Design Review Approval for the Project. (b) Planning and Zoning Commission Resolution No. 10, (Series of 2013) approved April 16, 2013 and recorded April 29, 2013 as Reception No. 599060 granted Free Market Residential, Affordable Housing, and Commercial Growth Management Allotments for the Project and recommended that the City Council grant Subdivision Approval for the Project. (c) City Council Ordinance No. 26, (Series of 2013), approved July 22, 2013 and recorded June 24, 2014 as Reception No. 611345 granted subdivision approval for the Project. (d) Historic Preservation Commission No. 9, (Series of 2014), approved March 12, 2014 and recorded March 20, 2014 as Reception No. 608769 granted Final Major Development and Commercial Design Review Approval for the Project. (e) The Development Order for the above described Approvals was issued by the Community Development Department on March 17, 2014, with an effective date of March 20, 2014. Page 2 of 13 RECEPTION#: 615172, 11/06/2014 at 09:10:41 AM, 3 OF 13, Janice K. Vos Caudill, Pitkin County, CO 2.2 Development Order Controls. The provisions of the above-described Approvals, including the Development Order, are incorporated herein and made a part of this Subdivision Agreement. In the event of any conflict between the above-described Approvals and the provisions of this Subdivision Agreement, the Approvals and the Development Order shall control. 2.3 Dimensional Requirements. (a) All dimensions shall meet the requirements of Land Use Regulations in effect on March 30, 2012, the date of the initial Conceptual Major Development and Conceptual Commercial Design Review Application. (b) The June 24, 2013 approved floor plans for the Project are as illustrated on Exhibit A to City Council Ordinance No. 26, (Series of 2013), a copy of which is attached hereto as Exhibit B. The approved rooftop mechanical equipment plan and building elevations and materials are depicted on Exhibit A to HPC Resolution No. 9, (Series of 2014), a copy of which is attached hereto as Exhibit C. (c) Minor changes to the approved floor plans shall be permitted at building permit application. Areas labeled as "roof' or "rooftop garden" thereon are not permitted for use as a deck. 2.4 Vested Riehts. Under Development Order of the City of Aspen Community Development Department issued March 17, 2014 with an effective date of March 20, 2014, (the "Development Order"), the right to undertake and complete the development and use of the Property pursuant to the terms and conditions of the site specific development plan for the Property is vested until March 20, 2017, and shall not be altered, impaired, prevented, diminished or delayed by any subsequent zoning or land use action that is prohibited by Section 24-68-105(1) of the Colorado Revised Statutes. In accordance with the requirements of CRS Section 24-68-103(b), a properly noticed public hearing concerning the establishment of such vested rights for the Property was conducted on March 12, 2014. As authorized by CRS Section 24-68-102(4)(a), City and Owner agree that the site specific plan for the Property consists of and includes, but is not limited to, the permitted size, and configuration of the Project's free-market residential unit, its affordable housing unit, and its commercial spaces, all matters set forth in the various Approvals referenced in Section 2.1 above; the Final Plat; this Subdivision Agreement; and all other documents and plans recorded concurrently herewith. For purposes of this Section 2.4, this Subdivision Agreement shall be considered a "development agreement" as that term is used in CRS Section 24-68-104(2). ARTICLE III DEVELOPMENT REQUIREMENTS AND RESTRICTIONS Page 3 of 13 RECEPTION#: 615172, 11/06/2014 at 09:10:41 AM, 4 OF 13, Janice K. Vos Caudill, Pitkin County, CO 3.1 The Components of the Proieet. The Project approved pursuant to the Approvals referenced in Section 2.1 above will include the following principal components: (a) A total of 292 square feet of new Commercial Net Leasable Area within the Boogies Building's basement, ground floor, and mezzanine level. (b) One (1) affordable housing unit containing approximately 700 square feet of net livable area on the Boogies Building's mezzanine level. (c) One (1) free market residential unit containing a maximum of 2,307 square feet of Net Livable Area within a new third -floor addition to the Boogies Building. Owner shall provide one (1) Certificate of Transferable Development Right at building permit issuance. 3.2. Affordable Housing Unit. (a) The on-site, one -bedroom affordable housing unit will be deed restricted to the Aspen/Pitkin County Housing Authority ("APCHA") Category 3 income and occupancy guidelines. A Certificate of Occupancy for the unit shall be issued prior to or at the same time as a Certificate of Occupancy is issued for the free-market unit. The unit shall comply with the Aspen/Pitkin County Housing Guidelines. (b) The unit shall be managed by Owner, or its successors and assigns. More detailed information regarding the management and maintenance of the unit shall be provided to APCHA with the proposed deed restriction and prior to issuance of a Certificate of Occupancy for the unit. (c) Owner and APCHA stipulate and agree that, in accordance with CRS Section 38-12-301(1)(a) and (b), the deed restriction constitutes a voluntary agreement and deed restriction to limit the rent on the unit and is to otherwise provide affordable housing stock. Owner waives any right it may have to claim that the deed restriction violates CRS Section 38- 12-301. (d) If the Owner elects to sell the unit, or if the unit is required to be sold because of noncompliance, Owner shall condominiumize the unit and shall form a condominium association for the management and maintenance thereof. The affordable housing association shall be separate from the free-market residential unit's and commercial unit's association(s). (e) The tenant in the rental unit shall be required to be requalified by APCHA on a yearly basis. Page 4 of 13 RECEPTION#: 615172, 11/06/2014 at 09:10:41 AM, 5 OF 13, Janice K. Vos Caudill, Pitkin County, CO (f) In the event the rental unit is required to become an ownership unit due to noncompliance, APCHA or the City may elect to purchase it for rental to qualified tenants in accordance with APCHA Guidelines. (g) The Owner shall have the right to rent the unit to tenants qualified under the APCHA Guidelines. If the Owner cannot provide a qualified tenant, the unit shall be rented through APCHA's normal advertising process. At no time shall the tenancy of the unit during a lease period be tied to continued employment by the Owner. Tenant leases, however, may be terminated for cause or at the end of the lease period upon termination of employment. 3.3. Parking. Owner shall pay a cash in lieu fee for 0.292 parking spaces generated by the Projects 292 square feet of additional commercial Net Leasable Area. The cash in lieu fee shall be calculated based on the applicable regulations in effect at building permit issuance. 3.4 Public Amenity. Owner shall make a cash and lieu payment at building permit issuance of $9,403.50 in lieu of the provision of Two percent (2°/U) of off-site Public Amenity Space. In the alternative, Owner may satisfy the Two percent (2%) off-site public amenity space requirement through actual improvements approved by the Parks, Engineering and Community Development Departments. In the event provided, any off-site public amenity improvements shall be completed prior to issuance of a Certificate of Occupancy. 3.5. Engineering Department Requirements. (a) The Project's design shall be compliant with all sections of Title 21 of the Aspen Municipal Code, and all construction and excavation standards published by the Engineering Department. (b) The Project shall be subject to the requirements of the City's Urban Runoff Management Plan. A compliant drainage plan shall be submitted with a building permit application. The plan shall include detention and provision of water quality for the entire Property. In the event Owner chooses to provide a fee in lieu ("FIL") of detention, it can only be applied to the Property's existing impervious areas. All new impervious area shall be discharged at historic rates. Any detention requirements covered under the FIL option shall discharge directly to the City's storm water infrastructure. (c) As of March 13, 2013 the existing sidewalk bordering the Property was in acceptable condition and did not require replacement. The existing curb and gutter was damaged and shall be replaced. Should the sidewalk, curb or gutter be damaged as a result of construction activities, Owner shall repair the damage as described in Title 21 of the Aspen Municipal Code. Page 5 of 13 RECEPTION#: 615172, 11/06/2014 at 09:10:41 AM, 6 OF 13, Janice K. Vos Caudill, Pitkin County, CO (d) Due to the proximity of neighboring properties, an excavation stabilization plan shall be submitted for review and approval by the Engineering Department prior to excavation and with the submittal of a building permit application. (e) The Construction Management Plan shall address mitigation for parking, staging/encroachments and truck traffic. 3.6. Utilities/Electrical, Due to the low, nonconforming roof located above the Boogies Building's existing electric transformer, and its nonconformance with the Electric Codes, it cannot be upsized in place. Owner shall work with the Utilities Department prior to submittal of a building permit application to determine an acceptable location for a new transformer. 3.7. Utilities/Sanitary Sewer. Services shall be contingent upon compliance with the Aspen Consolidated Sanitation District's ("ACSD") rules, regulations and specifications, which are on file at the District office. ACSD shall review the approved Drainage Plan to ensure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. In the event the building contains a restaurant, oil and grease interceptors (not traps) shall be required. The locations of all food processing shall be identified prior to building permit. 3.8. Fire Mitigation. All codes adopted by the Aspen Fire Protection District shall be met. This includes, but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503) and approved fire sprinkler and fire alarm systems (IFC, as amended, Sections 903 and 907). 3.9. Parks Department. (a) All landscaping in the public right-of-way shall be subject to the right-of- way landscaping requirements of Chapter 21.20 of the Aspen Municipal Code. All plantings within the City right-of-way shall be subject to City Parks and Engineering Department approval. (b) If a tree is requested for removal, the Owner will be required to receive an approved tree removal permit per Chapter 13.20 of the Aspen Municipal Code, this includes , impacts under the drip line of the tree. Parks is requiring that the tree permit be approved prior to approval of the demo and /or building permits. Parks will approve a final landscape plan during the review of the tree removal permit based on the landscape estimates. (c) A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on-site and their represented drip lines. A formal plan indicating the location of the tree protection will be required for the building permit set. No Page 6 of 13 RECEPTION#: 615172, 11/06/2014 at 09:10:41 AM, 7 OF 13, Janice K. Vos Caudill, Pitkin County, Co excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on the site. This fence must be inspected by the City forester or his/her designee before any construction activities are to commence. 3.10 Temporary Enclosure Removal. Removal of the existing second -floor deck enclosure shall be completed prior to recordation of this Subdivision Agreement. A building permit may not be applied for until the enclosure is removed, as verified by the Zoning Officer. 3.11. Historic Preservation Commission Staff and Monitor. (a) Prior to issuance of a building permit, the Historic Preservation Commission ("HPC") Staff and designated Monitor shall review and approve samples of the Project's building materials including the finish of the metal panels and the color of the sandstone. No shiny metal is permitted. (b) Prior to issuance of a building permit, the HPC Staff and Monitor shall review the proposed guard rail enclosures around the two proposed mechanical equipment areas on the Boogies Building's roof. The railing shall be the same around the two areas. Owner shall mock up a louvered wall and a pipe railing for Staff and Monitor to review and determine which is appropriate. 3.12. Condominium Map. Upon substantial completion of construction of the Project, and prior to issuance of a Certificate of Occupancy, Owner shall submit a Condominium Map and associated documents to the Community Development Department for review and approval by the City Engineer and the Community Development Director, which Map and documents shall comply with the requirements of Section 26.480.090 of the Land Use Regulations. 3.13. Financial and Site Protection Requirements A. Proof of Financing. Before the issuance of a building permit for the development of the property, and as a condition of such approval, the Owner shall provide to the City Building Department and the City Attorney for review and approval satisfactory evidence that the Owner has in place sufficient financing to accomplish and complete the construction related to the Building Permit being sought, including all private and public improvements covered by the Building Permit, and all public improvements required under the Development Order or Development Agreement; provided, if there is no loan with respect to development of the project, then owner shall provide a letter from a financial institution stating that the owner has funds available in an amount that covers the estimated cost of construction for the development. Such financing may include without limitation, a construction loan from an institutional lender or lenders and Page 7 of 13 RECEPTION#: 615172, 11/06/2014 at 09:10:41 AM, 8 OF 13, Janice K. Vos Caudill, Pitkin County, CO equity capital investments and/or donations from owner or third party investors or contributors. In addition, before issuance of a building permit for the project, owner shall provide supporting cost estimates for all improvements covered by the requested building permit prepared by owner's general contractor for review and approval by the City of Aspen Building Department. B. Site Protection Guarantee. Before the issuance of a building permit allowing an Owner to proceed with any phase of a project, and as a condition of such issuance, the owner will deposit with an acceptable Escrow Agent, or other financial security acceptable to the City Attorney, the sum of Twenty-five thousand dollars ($25,000.00) ("Escrow Funds') in the form of cash or wired funds pursuant to an Escrow Agreement made and entered into between the owner and the City, to secure recovery of the property and surrounding grounds to a safe condition in the event of a work stoppage, which shall provide as follows: i. In the event construction work on [the project] shall cease for sixty (60) days or longer (`work stoppage') prior to completion 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, surrounding grounds, and improvements from damage by the elements, from trespass by unauthorized persons, and for purposes of improving [the project] site and surrounding grounds to a safe condition such that it does not become an attractive nuisance or pose a threat to neighbors or other persons. ii. The City of Aspen shall be named a third party beneficiary of the Escrow Agreement with the express right and authority to enforce the terms of the Agreement. iii. The Escrow Funds or any remaining balance thereof shall be returned to Applicant upon substantial completion of the project to a "dried -in" condition. The Community Development Director may authorize partial releases, in increments of no less than 25% of the original surety, of the Site Protection Guarantee as portions of the project progress and public safety issues are reduced. C. Site Enhancement Guarantee. Before the issuance of a building permit allowing an Owner to proceed with any phase of a project, and as a condition of such issuance, the owner shall deposit with an acceptable Escrow Agent, or ocher financial security acceptable to the City Attorney, the sum of Twenty-five thousand dollars ($25,000.00) ("Escrow Funds") in the form of cash or wired funds pursuant to an Escrow Agreement made and entered into between the owner and the City, to secure recovery of the site and surrounding grounds to a visually acceptable condition and to install public improvements on or adjacent to the project site to a safe condition in the event of a work stoppage, which shall provide as follows: Page 8of13 RECEPTION#: 615172, 11/06/2014 at 09:10:41 AM, 9 OF 13, Janice K. Vos Caudill, Pitkin County, CO i. In the event construction work on [the project] shall cease for ninety (90) days or longer (`work stoppage') prior to a final inspection by the City of the work authorized by any permit or phase of permit for [the project], then the City in its discretion may draw upon the Escrow Funds from time to time as needed for purposes of improving the appearance of any construction already completed on or adjacent to the project site and for installing any public improvements on or adjacent to the project site. The City shall have sole discretion with respect to the manner of improving the appearance of construction work in progress as well as determining the public improvements to be installed. ii. The City of Aspen shall be named a third party beneficiary of the Escrow Agreement with the express right and authority to enforce the terms of the Agreement. iii. The Escrow Funds or any remaining balance thereof shall be returned to Applicant upon completion by the City of a final inspection or issuance of a Certificate of Occupancy for the project, or upon an earlier date as agreed to by the City. The Community Development Director may authorize partial releases, in increments of no less than 25% of the original surety, of the Site Enhancement Guarantee as portions of the project progress and aesthetic and public improvement issues are reduced. 3.14. Material Representations. All material representations and commitments made by Owner pursuant to the development proposal approvals as awarded, whether in public hearings or documentation presented before the Planning and Zoning Commission or the City Council, are hereby incorporated in such plan development approvals and shall be complied with as if fully set forth herein, unless amended by an authorized entity. ARTICLE IV NON-COMPLIANCE AND REQUESTS FOR AMENDMENTS OR EXTENSIONS In the event that the City determines that Owner is not acting in substantial compliance with the terms of this Subdivision Agreement, the City shall notify Owner in writing specifying the alleged non-compliance and asking that Owner remedy the alleged non-compliance within such reasonable time as the City may determine, but not less than 30 days. If the City determines that Owner has not complied within such time, the City may issue and serve upon Owner a written order specifying the alleged non-compliance and requiring Owner to remedy the same within thirty (30) days. Within thirty (30) days of the receipt of such order, Owner may file with the City Engineering Department either a notice advising the City that it is in compliance or a written request to determine any one or both of the following matters: (a) Whether the alleged non-compliance exists or did exist, or Page 9 of 13 RECEPTION#: 615172, 11/06/2014 at 09:10:41 AM, 10 OF 13, Janice K. Vos Caudill, Pitkin County, CO (b) Whether a variance, extension of time or amendment to this Subdivision Agreement should be granted with respect to any such non-compliance which is determined to exist. Upon the receipt of such request, the City shall promptly schedule a meeting of the parties to consider the matters set forth in the order of non-compliance. The meeting of the parties shall be convened and conducted pursuant to the procedures normally established by the City. If the City determines that a non-compliance exists which has not been remedied, it may issue such orders as may be appropriate, including the imposition of daily fines until such non- compliance has been remedied, the withholding of permits and/or certificates of occupancy, as applicable; provided, however, no order shall terminate any land use approval. The City may also grant such variances, extensions of time or amendments to this Subdivision Agreement as it may deem appropriate under the circumstances. The parties expressly acknowledge and agree that the City shall not unreasonably refuse to extend the time periods for performance hereunder if Owner demonstrates that the reasons for the delay(s) which necessitate said extension(s) result from acts of God or other events beyond the reasonable control of Owner, despite good faith efforts on its part to perform in a timely manner. ARTICLE V GENERAL PROVISIONS 5.1 The provisions hereof shall be binding upon and inure to the benefit of Owner and City and their respective successors and assigns. 5.2 This Subdivision Agreement shall be subject to and construed in accordance with the laws of the State of Colorado. 5.3 If any of the provisions of this Subdivision Agreement 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 Subdivision Agreement, and the application of any such provision, paragraph, sentence, clause, phrase, word, or section in any other circumstance shall not be affected thereby. 5.4 This Subdivision Agreement and the exhibits attached hereto 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 Subdivision Agreement or for an extension of one or more of the time Page 10 of 13 RECEPTION#: 615172, 11/06/2014 at 09:10:41 AM, 11 OF 13, Janice K. Vos Caudill, Pitkin County, CO periods required for performance hereunder. The City Council 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. 5.5 Numerical and title headings contained in this Subdivision Agreement 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. 5.6 Upon execution of this Subdivision Agreement by all parties hereto, City agrees to simultaneously approve and execute the Final Plat and to accept the same for recordation in the Office of the Clerk and Recorder of Pitkin County, Colorado, upon payment of the recordation fees by Owner. 5.7 Notices to be given to the parties to this Subdivision Agreement shall be considered to be given if hand delivered or if deposited in the Unites States Mail to the parties by certified mail, return receipt requested, or when sent via facsimile transmission, 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 of Aspen City Manager 130 South Galena Street Aspen, CO 81611 (Fax No. 970-920-5119) OWNER: Boogies Building of Aspen LLC Attn:Penny 534 E Cooper St Aspen, CO 81611 (Fax No. 970-920-1560) WITH COPY TO: Herbert S. Klein Klein Cote Edwards Citron, LLC 101 S. Mill St. Ste. 200 Aspen, CO 81611 (Fax: 970-925-3977) Page 11 of 13 RECEPTION#: 615172, 11/06/2014 at 09:10:41 AM, 12 OF 13, Janice K. Vos Caudill, Pitkin County, CO 5.8 This Subdivision Agreement 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. 5.9 The terms, conditions, provisions and obligations herein contained shall he deemed covenants that run with and burden the Property 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, their respective successors, grantees or assign. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. CITY OF PEN,ICO DO, Colorado municipal corporation By: Steve Skadron, Ma or Atte. 4 Z14e14 ICa Afy _,City Clerk APPROVED AS TO FORM: ames True, City Attorney BO*sephdw�ards, ING OF ASPEN, LLC, a Colorado limited liability company By� III, Special A ent Page 12 of 13 STATE OF ) )ss. COUNTY OF } The foregoing Inti ument was acknowledged before me this 6 f l -day of N oo e m �'v- 32014, by Steve Skadron as Mayor and as City Clerk of the City of Aspen, Colorado, a municipal corporation. Witness my hand and official seal. 0 ; Ivly commission expires: :Y. 1A wA1 5i Z.v l & STATE OF Colomd.o ) }ss. COUNTY OF P i t n ) Not P 'c The foregoing Instrument was acknowledged before me this a`ti+- day of 00b 1044' , 2014 by Joseph E. Edwards, III, as Special Agent of BOOGIE'S BUILDING OF ASPEN, LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: lolaq I aol � &&� ILORIMOSCHET NOTARY PUBLIC STATE OP COLOAADO MY Commission Expires 10/29/2015 Notary Public Page 13 of 13 FINAL PLAT OF BOOG,IE IJrL > FA IVT I A PARCEL OF LAND SITUATED IN THE NWY4 OF SECTION. 18, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.;M. CITY OF ASPEN,.000NTY OF PITKIN, STATE OF COLORADO SHEET 1 OF S THE PURPOSE OF THIS FINAL PLAT 15 TO MEMORIALIZE APPROVALS GRANTED BY THE CITY OF ASPEN L.S. #ILLEGIBLE \ (BENT) \ FOUND 1.2" BRASS DISK LS. #28643 CSSGb z Co LOT K CTL If FUND#5 LLO i i t RE AR AND 1 FOUND 1.2" BRASS DISK L.S. #28643- / FOUND#5 / I REBAR AND 1.25" BRASS CAP LS.#19598 BLO11< p6 INCTION S. GALE AST. IND E:OURANT �ItVE. LOT, LOT a lOT C LOT D LOT E I LOT F I LOT G I LOTH I LOT[ f LOTa CONTROL DETAIL MAP SCALE 1.2'= W CERTIFICATE.OF OWNERSHIP AND DEDICATION KNOW ALL MEN BY THESE PRESENTS, THAT BOOGIES BUILDING OF ASPEN, LLCA COLORADO LIMITED UABLITY COMPANY, BEING THE RECORD OWNER OF THE EASTERLY 212 FEET OF LOT Q', AND ALL OF LOTS R SS, BLOCK 96, CITY AND TOWNSITE OFASPEN,COUMY OF WTIGN, STATE OF COLORADO, DOES HERESY PLAT SAID REAL PROPERTY INTO THE BOOGIE'S BUILDING Of ASPEN SUBDIVISION, INCIDENT TO THE DEVELOPMENT THEREON OF A CONDOMINIUM PROJECT, AND DOES HEREBY DEDICATE TO THE APPROPRIATEUTLITY COMPANIES FOR THE NONEXCLUSIVE USE THEREOF ANY AND ALL PUBLIC UTILITY EASEMENTS THAT MAY BE SHOWN AND NOTED ON THE CONDOMINIUM EXEMPNON PLAT TO BE RECORDED UPON SUBSTANTIAL COMPLETION OF THE PROJECT. EXECUTED THIS27 DAYOF Uh 2014. BOOGI ILDING OFC,ACOLORADOiB9TED lWBNTYCOMIPANY I -E L-IL, SATETYECa,PANY BY Je36RoON fFBOEODGWIEA'S0.B0US0.D,INIIGCOF, ASPS6PEc1NA, LLLCA.GAECNOTO RADO OF COLORADO) - COUNTY OF POTION) THE FOREGOING INSTRUMENT WASACKNOWLED60 BEFORE ME THIS LINITAYOF Ot *bA*' 2014BYlEMIARDWEINGLASSASMANAGEROFB00G1ESBULDWGOFASPFA, LLC, A COLORADO UMRED LIABILITY COMPANY. By JOSEPH E EOWAR05,TA', IPC" A6CM7 MYYC�RMID AND LL ON Sf--AL BOILS-.LDR1•MDSCAET _ `NOTARY PUBLIC NOTAIRY PUBLIC STAT& OS COLOPADO L4yom.W.ErkeE.t 9M201# PLAT NOTES 1). BOOGIE'S BUILDING OF ASPEN SUBDNISIO4IN IEUECT TOTHE SUBDNISKN4AaREEMENT RECORDED ON THE 4P OAY OE NoyNm6 rzo141N B00K2,1'�ATPAGE_AND AS RECEPTION N0. /e1 S (77 OFTHE WTKCI COUNTY RC�ORDS. 2) BOOGIE'S BUILDING OF ASPEN SUBDIVISION IS SUBJECTTO THE FOLLOWNGAPPROVALACTIONS: a. HISTORIC PRESERVATION COMMISSION N0:16, SERIES X2012 b. PLANNING AND ZONING COMMISSION RESOLUTION 90. 10, SERIES OF 2013 D CITY COUNCIL ORDINANCE NO. 26, SERIES OF 2013 d, HISTORIC PRESERVATION COMMISSION NO. 9, BERES OF 2014 , THE DEVELOPMENT ORDER EFFECTIVE MARCH 2O,2014 NOBLE: ACCORPND TO COLORADO LAW YOU MUST COMMDiCE ANY LEGAL ACTION DOSED UPON ANY DEFECT W Tlfi$ SURVEY WiHIN 71tAEE YEARS AFTER lU(1 MST DI$C01ER SUCN DETECT. W t10 El£IIT MAY ANY ACTION DA$ED UPON ANY DEFECT W TMS 9RiYEY COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERDE1CAnON SHOWN X.M. THEN EING THE HOLDER OF LIENS ON THE HEREIND ROBED PROPERTY FURS TO DEE0.4 OFTRUST RECORDED AS RECEPTION NO. IN THE OFFICE OF THP PNDRECOROFAOFWI COUNTY, C ORADO, HEREBY CONSENTS AND APPROVES TRX ROOGIVS-BUILDING 01 ASPEN SUB ISION AND HEREBY SUBORDWATESTHE N OF SAID DEED OFTRUSTTI MATTERS SET F TH HEREIN. DATED THIS _DA F 2014. NAME ITS TITLE STATE OF COLORADO) ASS COUNTY_OFPMON) THE FOREGOING UMENTWASACKNOWLED BEFOREMETHIS_DAYOF 14 BY AS OF WITNE HAND AND OFFICIAL SEAL THE COMMUNITY DEVELOPMENT DEPARTMENT APPROVAL - THIS FINAL PLAT OF BOOGIES BUR -DING OF ASPEN SUBDNIB IN BY EC -OF AS COMMUN DEVELOPMENT DEPARTMENT ON THIS -t— DAY OF_ 2014. UNITY DEVELOPMENT DIRECTOR CITY ENGINEER'S CERTIFICATE THIS FINAL PIAT OF BOOGIE'S BUILDING OF ASPEN SUBDIVISION WAS REVIEWED FOR THE DEPICTION OF THE ENGINEER GDEPARTMENT SURVEY REQUIREMENTS. THIS DAY OF= & Q WITH RESPECT TO THE REMODELING AND EXPANSION OF THE BOOGIE'S BUILDING _.._ 30.095' _— FOUND 1.2" BRASS 01. 3,0' WITNESS CORN. L.S. #286 LOTQ FOUND 1.2- BRASS DISK L.S. 928643 BLOCK 85 ALLEY (28.20' R.O,W.) COOPER AVENUE (73,70' R.O.W.) FOUND 1.2°8RASS DISK LS.#28643 PROPOSED BUILDING FOOTPRINT GPS -5 (MARCIN 2009) - -- -- - -- -- 1) DATEOFSURVEY: MARCH942,2012 INTERSECTION OF S. GALENA ST. HYMAN AVENUE'1D E. HOPKINS AVE. — 3) BASIS OF BEARING: A BEARING OF S 14'50'49" W FROM THE NORTHEAST BOUNDARY CORNER OF BLOCK 95, MONUMENTED BY FOUND #5 REBAR 8 PLASTIC WITNESS GAP LS, — #28643 (t.0') AND THE THE NORTHEAST BOUNDARY CORNER OF BLOCK 96 MWNUMENTED BY A _ K FOUND 1,2" BRASS DISK \ZTO GRAPHIC SCALE F UND 1.2 S. #28643 _ T -FOUND 5 RE AR AID 1.25" QAP _— I — \TSs I FOUND#5 REBAR AND 1.25'CAP 1.0' WITNESS CORNER L.S. 028543 MARCIN ENGINEERING LLC. WITH A REVISED DATE OF MAY 7, 2010, THE CONDOMINIUM MNP OF .01 V/11 ESS C.R'I LS.4128�43 III I LS.#2376 I ND 1.2'18RA5S .0% WITH DISK SCOR ER ! \ d (11)1 I ' I j :OUND 112°BRAS LI#8643 DISK w Y 1 LOT A LOT B LOT C LOT D L.S. #28 LOT E g LOT F LOT G LA\ LOT 1 I LOT B i FOUN 1.2' BRASS LS DISK #2 /� / I i / FOUND #S Nw R AND 1,25" CAP ! i L.S. #ILLEGIBLE \ (BENT) \ FOUND 1.2" BRASS DISK LS. #28643 CSSGb z Co LOT K CTL If FUND#5 LLO i i t RE AR AND 1 FOUND 1.2" BRASS DISK L.S. #28643- / FOUND#5 / I REBAR AND 1.25" BRASS CAP LS.#19598 BLO11< p6 INCTION S. GALE AST. IND E:OURANT �ItVE. LOT, LOT a lOT C LOT D LOT E I LOT F I LOT G I LOTH I LOT[ f LOTa CONTROL DETAIL MAP SCALE 1.2'= W CERTIFICATE.OF OWNERSHIP AND DEDICATION KNOW ALL MEN BY THESE PRESENTS, THAT BOOGIES BUILDING OF ASPEN, LLCA COLORADO LIMITED UABLITY COMPANY, BEING THE RECORD OWNER OF THE EASTERLY 212 FEET OF LOT Q', AND ALL OF LOTS R SS, BLOCK 96, CITY AND TOWNSITE OFASPEN,COUMY OF WTIGN, STATE OF COLORADO, DOES HERESY PLAT SAID REAL PROPERTY INTO THE BOOGIE'S BUILDING Of ASPEN SUBDIVISION, INCIDENT TO THE DEVELOPMENT THEREON OF A CONDOMINIUM PROJECT, AND DOES HEREBY DEDICATE TO THE APPROPRIATEUTLITY COMPANIES FOR THE NONEXCLUSIVE USE THEREOF ANY AND ALL PUBLIC UTILITY EASEMENTS THAT MAY BE SHOWN AND NOTED ON THE CONDOMINIUM EXEMPNON PLAT TO BE RECORDED UPON SUBSTANTIAL COMPLETION OF THE PROJECT. EXECUTED THIS27 DAYOF Uh 2014. BOOGI ILDING OFC,ACOLORADOiB9TED lWBNTYCOMIPANY I -E L-IL, SATETYECa,PANY BY Je36RoON fFBOEODGWIEA'S0.B0US0.D,INIIGCOF, ASPS6PEc1NA, LLLCA.GAECNOTO RADO OF COLORADO) - COUNTY OF POTION) THE FOREGOING INSTRUMENT WASACKNOWLED60 BEFORE ME THIS LINITAYOF Ot *bA*' 2014BYlEMIARDWEINGLASSASMANAGEROFB00G1ESBULDWGOFASPFA, LLC, A COLORADO UMRED LIABILITY COMPANY. By JOSEPH E EOWAR05,TA', IPC" A6CM7 MYYC�RMID AND LL ON Sf--AL BOILS-.LDR1•MDSCAET _ `NOTARY PUBLIC NOTAIRY PUBLIC STAT& OS COLOPADO L4yom.W.ErkeE.t 9M201# PLAT NOTES 1). BOOGIE'S BUILDING OF ASPEN SUBDNISIO4IN IEUECT TOTHE SUBDNISKN4AaREEMENT RECORDED ON THE 4P OAY OE NoyNm6 rzo141N B00K2,1'�ATPAGE_AND AS RECEPTION N0. /e1 S (77 OFTHE WTKCI COUNTY RC�ORDS. 2) BOOGIE'S BUILDING OF ASPEN SUBDIVISION IS SUBJECTTO THE FOLLOWNGAPPROVALACTIONS: a. HISTORIC PRESERVATION COMMISSION N0:16, SERIES X2012 b. PLANNING AND ZONING COMMISSION RESOLUTION 90. 10, SERIES OF 2013 D CITY COUNCIL ORDINANCE NO. 26, SERIES OF 2013 d, HISTORIC PRESERVATION COMMISSION NO. 9, BERES OF 2014 , THE DEVELOPMENT ORDER EFFECTIVE MARCH 2O,2014 NOBLE: ACCORPND TO COLORADO LAW YOU MUST COMMDiCE ANY LEGAL ACTION DOSED UPON ANY DEFECT W Tlfi$ SURVEY WiHIN 71tAEE YEARS AFTER lU(1 MST DI$C01ER SUCN DETECT. W t10 El£IIT MAY ANY ACTION DA$ED UPON ANY DEFECT W TMS 9RiYEY COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERDE1CAnON SHOWN X.M. THEN EING THE HOLDER OF LIENS ON THE HEREIND ROBED PROPERTY FURS TO DEE0.4 OFTRUST RECORDED AS RECEPTION NO. IN THE OFFICE OF THP PNDRECOROFAOFWI COUNTY, C ORADO, HEREBY CONSENTS AND APPROVES TRX ROOGIVS-BUILDING 01 ASPEN SUB ISION AND HEREBY SUBORDWATESTHE N OF SAID DEED OFTRUSTTI MATTERS SET F TH HEREIN. DATED THIS _DA F 2014. NAME ITS TITLE STATE OF COLORADO) ASS COUNTY_OFPMON) THE FOREGOING UMENTWASACKNOWLED BEFOREMETHIS_DAYOF 14 BY AS OF WITNE HAND AND OFFICIAL SEAL THE COMMUNITY DEVELOPMENT DEPARTMENT APPROVAL - THIS FINAL PLAT OF BOOGIES BUR -DING OF ASPEN SUBDNIB IN BY EC -OF AS COMMUN DEVELOPMENT DEPARTMENT ON THIS -t— DAY OF_ 2014. UNITY DEVELOPMENT DIRECTOR CITY ENGINEER'S CERTIFICATE THIS FINAL PIAT OF BOOGIE'S BUILDING OF ASPEN SUBDIVISION WAS REVIEWED FOR THE DEPICTION OF THE ENGINEER GDEPARTMENT SURVEY REQUIREMENTS. THIS DAY OF= & Q WITH RESPECT TO THE REMODELING AND EXPANSION OF THE BOOGIE'S BUILDING _.._ 30.095' _— FOUND 1.2" BRASS 01. 3,0' WITNESS CORN. L.S. #286 LOTQ FOUND 1.2- BRASS DISK L.S. 928643 BLOCK 85 ALLEY (28.20' R.O,W.) COOPER AVENUE (73,70' R.O.W.) FOUND 1.2°8RASS DISK LS.#28643 PROPOSED BUILDING FOOTPRINT FOUN 4BAR(BEN�) #3 1) DATEOFSURVEY: MARCH942,2012 2) DATE OF PREPARATION:,MNE,ILA.Y 2014 — 3) BASIS OF BEARING: A BEARING OF S 14'50'49" W FROM THE NORTHEAST BOUNDARY CORNER OF BLOCK 95, MONUMENTED BY FOUND #5 REBAR 8 PLASTIC WITNESS GAP LS, — #28643 (t.0') AND THE THE NORTHEAST BOUNDARY CORNER OF BLOCK 96 MWNUMENTED BY A _ K OLOCK 95 ALLEY GRAPHIC SCALE F UND 1.2 BRASS SK , 1202W,'THE CITY OF ASPEN GPS CONTROL MONUM£NTATION 2009 SURVEY PREPARED BY MARCIN ENGINEERING LLC. WITH A REVISED DATE OF MAY 7, 2010, THE CONDOMINIUM MNP OF .01 V/11 ESS C.R'I LS.4128�43 . LOTS i LOT I LOT LOT I LOT i LOT I LOT LOT Q, FOUND 1.2" 8RA5� DISK 1.0' WITNESS COHNER L.S. #28043 I (11)1 I ' I j :OUND 112°BRAS LI#8643 DISK w Y FOUND PK NAIL — AND SHINER FOUND 1.2" BRASS DISK LS. #24302 LS. #28643 .. 6)THE SUBJECT PROPERTY DEED AND THE ADJOINING ASPENHOF CON"NIUMMAP COOPERAVENUE L.S. #ILLEGIBLE \ (BENT) \ FOUND 1.2" BRASS DISK LS. #28643 CSSGb z Co LOT K CTL If FUND#5 LLO i i t RE AR AND 1 FOUND 1.2" BRASS DISK L.S. #28643- / FOUND#5 / I REBAR AND 1.25" BRASS CAP LS.#19598 BLO11< p6 INCTION S. GALE AST. IND E:OURANT �ItVE. LOT, LOT a lOT C LOT D LOT E I LOT F I LOT G I LOTH I LOT[ f LOTa CONTROL DETAIL MAP SCALE 1.2'= W CERTIFICATE.OF OWNERSHIP AND DEDICATION KNOW ALL MEN BY THESE PRESENTS, THAT BOOGIES BUILDING OF ASPEN, LLCA COLORADO LIMITED UABLITY COMPANY, BEING THE RECORD OWNER OF THE EASTERLY 212 FEET OF LOT Q', AND ALL OF LOTS R SS, BLOCK 96, CITY AND TOWNSITE OFASPEN,COUMY OF WTIGN, STATE OF COLORADO, DOES HERESY PLAT SAID REAL PROPERTY INTO THE BOOGIE'S BUILDING Of ASPEN SUBDIVISION, INCIDENT TO THE DEVELOPMENT THEREON OF A CONDOMINIUM PROJECT, AND DOES HEREBY DEDICATE TO THE APPROPRIATEUTLITY COMPANIES FOR THE NONEXCLUSIVE USE THEREOF ANY AND ALL PUBLIC UTILITY EASEMENTS THAT MAY BE SHOWN AND NOTED ON THE CONDOMINIUM EXEMPNON PLAT TO BE RECORDED UPON SUBSTANTIAL COMPLETION OF THE PROJECT. EXECUTED THIS27 DAYOF Uh 2014. BOOGI ILDING OFC,ACOLORADOiB9TED lWBNTYCOMIPANY I -E L-IL, SATETYECa,PANY BY Je36RoON fFBOEODGWIEA'S0.B0US0.D,INIIGCOF, ASPS6PEc1NA, LLLCA.GAECNOTO RADO OF COLORADO) - COUNTY OF POTION) THE FOREGOING INSTRUMENT WASACKNOWLED60 BEFORE ME THIS LINITAYOF Ot *bA*' 2014BYlEMIARDWEINGLASSASMANAGEROFB00G1ESBULDWGOFASPFA, LLC, A COLORADO UMRED LIABILITY COMPANY. By JOSEPH E EOWAR05,TA', IPC" A6CM7 MYYC�RMID AND LL ON Sf--AL BOILS-.LDR1•MDSCAET _ `NOTARY PUBLIC NOTAIRY PUBLIC STAT& OS COLOPADO L4yom.W.ErkeE.t 9M201# PLAT NOTES 1). BOOGIE'S BUILDING OF ASPEN SUBDNISIO4IN IEUECT TOTHE SUBDNISKN4AaREEMENT RECORDED ON THE 4P OAY OE NoyNm6 rzo141N B00K2,1'�ATPAGE_AND AS RECEPTION N0. /e1 S (77 OFTHE WTKCI COUNTY RC�ORDS. 2) BOOGIE'S BUILDING OF ASPEN SUBDIVISION IS SUBJECTTO THE FOLLOWNGAPPROVALACTIONS: a. HISTORIC PRESERVATION COMMISSION N0:16, SERIES X2012 b. PLANNING AND ZONING COMMISSION RESOLUTION 90. 10, SERIES OF 2013 D CITY COUNCIL ORDINANCE NO. 26, SERIES OF 2013 d, HISTORIC PRESERVATION COMMISSION NO. 9, BERES OF 2014 , THE DEVELOPMENT ORDER EFFECTIVE MARCH 2O,2014 NOBLE: ACCORPND TO COLORADO LAW YOU MUST COMMDiCE ANY LEGAL ACTION DOSED UPON ANY DEFECT W Tlfi$ SURVEY WiHIN 71tAEE YEARS AFTER lU(1 MST DI$C01ER SUCN DETECT. W t10 El£IIT MAY ANY ACTION DA$ED UPON ANY DEFECT W TMS 9RiYEY COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERDE1CAnON SHOWN X.M. THEN EING THE HOLDER OF LIENS ON THE HEREIND ROBED PROPERTY FURS TO DEE0.4 OFTRUST RECORDED AS RECEPTION NO. IN THE OFFICE OF THP PNDRECOROFAOFWI COUNTY, C ORADO, HEREBY CONSENTS AND APPROVES TRX ROOGIVS-BUILDING 01 ASPEN SUB ISION AND HEREBY SUBORDWATESTHE N OF SAID DEED OFTRUSTTI MATTERS SET F TH HEREIN. DATED THIS _DA F 2014. NAME ITS TITLE STATE OF COLORADO) ASS COUNTY_OFPMON) THE FOREGOING UMENTWASACKNOWLED BEFOREMETHIS_DAYOF 14 BY AS OF WITNE HAND AND OFFICIAL SEAL THE COMMUNITY DEVELOPMENT DEPARTMENT APPROVAL - THIS FINAL PLAT OF BOOGIES BUR -DING OF ASPEN SUBDNIB IN BY EC -OF AS COMMUN DEVELOPMENT DEPARTMENT ON THIS -t— DAY OF_ 2014. UNITY DEVELOPMENT DIRECTOR CITY ENGINEER'S CERTIFICATE THIS FINAL PIAT OF BOOGIE'S BUILDING OF ASPEN SUBDIVISION WAS REVIEWED FOR THE DEPICTION OF THE ENGINEER GDEPARTMENT SURVEY REQUIREMENTS. THIS DAY OF= & Q WITH RESPECT TO THE REMODELING AND EXPANSION OF THE BOOGIE'S BUILDING _.._ 30.095' _— FOUND 1.2" BRASS 01. 3,0' WITNESS CORN. L.S. #286 LOTQ FOUND 1.2- BRASS DISK L.S. 928643 BLOCK 85 ALLEY (28.20' R.O,W.) COOPER AVENUE (73,70' R.O.W.) FOUND 1.2°8RASS DISK LS.#28643 PROPOSED BUILDING FOOTPRINT SOPRIS ENGINEERING -.LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970)704.0311 SURVEYNOTE$ 1) DATEOFSURVEY: MARCH942,2012 2) DATE OF PREPARATION:,MNE,ILA.Y 2014 3) BASIS OF BEARING: A BEARING OF S 14'50'49" W FROM THE NORTHEAST BOUNDARY CORNER OF BLOCK 95, MONUMENTED BY FOUND #5 REBAR 8 PLASTIC WITNESS GAP LS, #28643 (t.0') AND THE THE NORTHEAST BOUNDARY CORNER OF BLOCK 96 MWNUMENTED BY A FOUND 11' BRASS DISK L.S. #19598, AS SHOWN ON THE CONTROL MAP. GRAPHIC SCALE F � 4) BASISOFSURVEY: THE CITY OFASPENOFFIGALMAP PREPARED BYG.E. BUCHANAN DATED Lo o Lo m w 1202W,'THE CITY OF ASPEN GPS CONTROL MONUM£NTATION 2009 SURVEY PREPARED BY MARCIN ENGINEERING LLC. WITH A REVISED DATE OF MAY 7, 2010, THE CONDOMINIUM MNP OF ASPEN HOF CONDOMINIUMS, AS AMENDED, VARXW OCUMENTS OF RECORD; AND THEFWND (IN FEET) MONUMENTSAS NOTED. SInch = 10 R. RAY. 5) THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BYSOPRIS ENGINEERING LLCISE) TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD. FOR ALL INFORMATION REGARDING EASEMENTS, RIGHTS OFWAY ANDIOR TITLE OF RECORD, BE RELIED UPON THE ABOVE SAID w Y PIATSMAPS DESCRIBED IN NOTE 4, AND THE TITLE COM TTMPNT PREPARED BYSTEWARTTILE GUARANTEE COMPANY -ASPEN FILE N0- FBI 330-4701 WITH AN EFFECTIVE DATE OF FEIMARYA, c 2012 1 6)THE SUBJECT PROPERTY DEED AND THE ADJOINING ASPENHOF CON"NIUMMAP OVERLAP BY0.65'. SOPRIS ENGINEERING -.LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970)704.0311 N MAP TITLE COMPANY CERTIFICATE - STEWARTTITLEOF ASPEN, INC. HERESY CERTIFIES THAT BOOGIES BUILDING OF ASPEN, LLC, A 90LORADOLIMITED LIABILITY COMPANY IS THE RECORD OWNER OF THE HEREIN DESCRiBED PROPERTY, IN FEES#APLE, FREEAND CLEAR OF ALL UENS AND ENCUMBRANCES EXCEPT: A/0.0 IF STEWART TITLE OF ASPEN, INC. BY -Aj.EA+.^' 1� K I[T B�+BI'tE130TPi1 TIr�E 0 iTevy , . NAME TITLE STATE OF COLORADO) )SS COUNTY OF PITKIN) �EF GO G IITRUMENTW CKNOWL EDGEDBEFOREMETHIS9DAY 2014BY AS a teR. OF STEWART TITLE OFASPEN,INC. WITH Tf�.. Mrc 5AR �1DP�jreses.2016 CITY COUNCIL APPROVAL THIS F#4AL LAT 8 IM11 0 ASPEN SUBDIVISION WASAPPRO MIIYTHECITYCOUNCLOFTHECTY OF AB IS Y 201 PURSUANTTOGRD(NPNCENO.26-2013. BY STEVE SI ORO , M YON A�CITY OFA . CLERK SURVEYOR'S CERTIFICATE I, MARK S. SEC KLfR, R6G)$YEREO LAND SURVEYOR HEREBY CERTIFYTHAT IN MARCH 2012 ASURVEY OF THE HEREIN DESCRIBED PROPERTY WAS PERfORMffD UNDER MY SIPERVISIONAND DIRECTION, IN ACCORDANCE WITH COLORADO REVISEDBTATUTES 1973, TIRE 38, ARTICLE 61, A$ AMENDED FROM TIME TO TIME AND THAT THIS $UBDMSKN! PLAT ACCURATELY AND SUBSTANTIALLY DEPICTS $0 SURVEY, THEOONTROL SURVEY PRECISION IS GREATER THAN V16,000. RECORDED EASEMENTS, RIGHTSOF-WAY AND RESTR)CTIONSARE THOSE SET FORTH IN SECTION 2 OF SCHLDULE B OF ITMENT ISSUED BY STEWART TITLE OFASPEN, INC. UNDER FILE NO. 01330-47jg D MARK OMER, P S......N,� . SEAL). DATE OPAL LPNO �O`-�RA� CLERK AND RECORDER'S ACCEPTANCE THIS FINAL PUT OF SOOGIM BUILDING OF ASPEN SUBDMSIa0Nj S ACCEPTED FOR FLING IN THE OFFICE OF THE CLERK AND RECORDER OF PINION COUNTY, COLORADO THIS JQ DAY h/A)/L�deM 41N PLAT BOOKLOT PAGE AS RECEPTION NO. ,(y(.$L-J,3 RECEPTION#: 615173,1110 612 01 4 at PIMIN COUNTY CLERKAN De'� ll 1 09:10:42 AM,1 OF 1, R $11.00 Janice K. I U T\M V08 Caudill, Pitkin County, CO I PLAT BK 108 PG 49 I F � .W1; P. RAY. w Y t rq 4 *h1.._.M c ,t' 1 .. t.�;1'+7ifi.'�91• . 'T�».�.�r e N MAP TITLE COMPANY CERTIFICATE - STEWARTTITLEOF ASPEN, INC. HERESY CERTIFIES THAT BOOGIES BUILDING OF ASPEN, LLC, A 90LORADOLIMITED LIABILITY COMPANY IS THE RECORD OWNER OF THE HEREIN DESCRiBED PROPERTY, IN FEES#APLE, FREEAND CLEAR OF ALL UENS AND ENCUMBRANCES EXCEPT: A/0.0 IF STEWART TITLE OF ASPEN, INC. BY -Aj.EA+.^' 1� K I[T B�+BI'tE130TPi1 TIr�E 0 iTevy , . NAME TITLE STATE OF COLORADO) )SS COUNTY OF PITKIN) �EF GO G IITRUMENTW CKNOWL EDGEDBEFOREMETHIS9DAY 2014BY AS a teR. OF STEWART TITLE OFASPEN,INC. WITH Tf�.. Mrc 5AR �1DP�jreses.2016 CITY COUNCIL APPROVAL THIS F#4AL LAT 8 IM11 0 ASPEN SUBDIVISION WASAPPRO MIIYTHECITYCOUNCLOFTHECTY OF AB IS Y 201 PURSUANTTOGRD(NPNCENO.26-2013. BY STEVE SI ORO , M YON A�CITY OFA . CLERK SURVEYOR'S CERTIFICATE I, MARK S. SEC KLfR, R6G)$YEREO LAND SURVEYOR HEREBY CERTIFYTHAT IN MARCH 2012 ASURVEY OF THE HEREIN DESCRIBED PROPERTY WAS PERfORMffD UNDER MY SIPERVISIONAND DIRECTION, IN ACCORDANCE WITH COLORADO REVISEDBTATUTES 1973, TIRE 38, ARTICLE 61, A$ AMENDED FROM TIME TO TIME AND THAT THIS $UBDMSKN! PLAT ACCURATELY AND SUBSTANTIALLY DEPICTS $0 SURVEY, THEOONTROL SURVEY PRECISION IS GREATER THAN V16,000. RECORDED EASEMENTS, RIGHTSOF-WAY AND RESTR)CTIONSARE THOSE SET FORTH IN SECTION 2 OF SCHLDULE B OF ITMENT ISSUED BY STEWART TITLE OFASPEN, INC. UNDER FILE NO. 01330-47jg D MARK OMER, P S......N,� . SEAL). DATE OPAL LPNO �O`-�RA� CLERK AND RECORDER'S ACCEPTANCE THIS FINAL PUT OF SOOGIM BUILDING OF ASPEN SUBDMSIa0Nj S ACCEPTED FOR FLING IN THE OFFICE OF THE CLERK AND RECORDER OF PINION COUNTY, COLORADO THIS JQ DAY h/A)/L�deM 41N PLAT BOOKLOT PAGE AS RECEPTION NO. ,(y(.$L-J,3 RECEPTION#: 615173,1110 612 01 4 at PIMIN COUNTY CLERKAN De'� ll 1 09:10:42 AM,1 OF 1, R $11.00 Janice K. I U T\M V08 Caudill, Pitkin County, CO I PLAT BK 108 PG 49 I w p D TO: Aspen Planning and Zoning Commission FROM: Steve Burstein, Planning Office RE: 534 E. Cooper Employee Housing GMP Exemption Case No. 2737-182-008/08A-87 DATE: May 27, 1987 LOCATION: Lots R & S, Block 95, Townsite and City of Aspen ZONING: CC (H) APPLICANT: Leonard Weinglass APPLICANT'S REQUEST: The applicant requests approval to create a two bedroom 1,253 square foot employee unit within a new commer- cial building, to be deed restricted to the middle income employee guidelines. The new structure replaces The Shaft building, utilizing reconstruction credit for the entire commer- cial space. BACKGROUND: The Historic Preservation Committee reviewed the project with regard to compatibility within the Commercial Core Historic Overlay District. Final approval for the design, including the employee unit, was granted on March 24, 1987. APPLICABLE SECTIONS OF THE MUNICIPAL CODE: Provisions of the GMP Exemption for employee housing are stated in Section 24-11.2(f). Review of a request for this exemption "shall include a deter- mination of community need considering, but not limited to, the project's compliance with any adopted housing plan, including the number of units proposed and their location and the type of units proposed, specifically regarding the number of bedrooms in each unit and the size of the unit, the rental/sale mix of the development and the proposed price categories to which the units are to be deed restricted." Required off-street parking for all low, middle and moderate income housing units approved and deed -restricted is established by special review of City Council according to section 24-4.1(c). PROBLEM DISCUSSION: A. REFERRAL COMMENTS: 1. Housing Authority: In Ann Bowman's April 21, 1987 memorandum, the Housing Office and Housing Authority recommend that the employee unit be deed restricted to the moderate income guidelines, rather than the middle income guidelines as proposed. It is stated that if the unit were restricted to middle income guidelines, it would not meet a community need as an employee unit. Sale price would be $164,143 and rental price $1,466 per month. Moderate income sale price would be $93,000 and rental price $850 per month. The moderate income deed restriction should still be serviceable to the intended user, the store manager, allowing an annual income for a qualified renter of up to $53,494. 2. Fire Marshal: Wayne Vandemark noted no problems effecting emergency services for this project in his April 22 memorandum. PLANNING OFFICE COMMENTS; In the Commercial Core Zone District, permitted uses include "dwelling units -accessory to other permitted uses, and comprising less than one half of the total floor area of the building." The proposed employee unit would meet this definition. The unit should be deed restricted to a 6 month minimum lease, following Section 24-3.7(0), rental restric- tions, to further ensure its compliance with the "accessory unit" use. Staff agrees with the Housing Authority recommendation that the employee unit be deed restricted to moderate income guidelines. Their belief that no community need would be served by a middle income deed restriction appears reasonable because the sale and rental values would be considerably higher than most of Aspen's employees can afford. Middle income restricted employee housing appears to be ineffective in creating an affordable housing stock and, incidentally, is ineligible for points when evaluating GMP applications. As noted above, Council must set the off-street parking require- ment for this two bedroom employee unit. A garage with adequate space for two vehicles is included in the building design. While the use of the garage has not been specified, staff believes that the most reasonable and purposeful arrangement would be to provide two parking spaces for the employee unit. This would then comply with the standard 1 space/bedroom required in the city's residential and office zone districts, while not contra- dicting the auto disincentive policy that discourages excessive customer or (non-resident) employee parking. RECOMMENDED MOTION: "Move to recommend that Council approve the requested exemption from the Growth Management Quota System for the purpose of creating a two bedroom 1,253 square foot employee unit deed restricted to the Housing Authority's Moderate Income Guidelines, subject to the following conditions: 1. A deed restriction limiting rental and occupancy of the unit to the moderate income guidelines shall be filed to the satisfaction of the City Attorney and the Housing Authority with the Pitkin County Clerk and Recorder's Office prior to issuance of a Certificate of Occupancy for the structure. 2. The applicant shall restrict the unit to a 6 month minimum lease, pursuant to Section 24-3.7(o) of the Municipal code." 3. The 2 space garage shall be restricted for use of residents living in the two bedroom employee unit. sb.131 3 MEMORANDUM TO: Aspen City Council THRU: Robert S. Anderson, Jr., City Manager j_ N FROM: Steve Burstein, Planning Office W RE: 534 E. Cooper Employee housing GMP Exemption Case No. 2737-182-008/08A-87 DATE: June 22, 1987 LOCATION: Lots R & S, Block 95, Townsite and City of Aspen ZONING: CC (H) APPLICANT: Leonard Weinglass APPLICANT'S REQUEST: The applicant requests approval to create a two bedroom 1,253 square foot employee unit within a new commer- cial building, to be deed restricted to the middle income employee guidelines. The new structure replaces The Shaft building, utilizing reconstruction credit for the entire commer- cial space. ADVISORY COMMITTEE VOTES: On June 2, 1987, the Planning and Zoning Commission recommended that Council approve the requested GMP exemption for the creation of a two-bedroom unit deed - restricted to the moderate income guidelines and that no off- street parking be required. The Historic Preservation Committee reviewed the project with regard to compatibility within the Commercial Core Historic Overlay District. Final approval for the design, including the employee unit, was granted by HPC on March 24, 1987. APPLICABLE SECTIONS OF THE MUNICIPAL CODE: Provisions of the GMP Exemption for employee housing are stated in Section 24-11.2(f). Review of a request for this exemption "shall include a deter- mination of community need considering, but not limited to, the project's compliance with any adopted housing plan, including the number of units proposed and their location and the type of units proposed, specifically regarding the number of bedrooms in each unit and the size of the unit, the rental/sale mix of the development and the proposed price categories to which the units are to be deed restricted." Required off-street parking for all low, middle and moderate income housing units approved and deed -restricted is established by special review of City Council according to Section 24-4.1(c). PROBLEM DISCUSSION: A. REFERRAL COMMENTS: I. Housing Authority: In Ann Bowman's April 21, 1987 memorandum, the Housing Office and Housing Authority recommend that the employee unit be deed restricted to the moderate income guidelines, rather than the middle income guidelines as proposed. It is stated that if the unit were restricted to middle income guidelines, it would not meet a community need as an employee unit. 2. Fire Marshal: Wayne Vandemark noted no problems effecting emergency services for this project in his April 22 memorandum. PLANNING OFFICE COMMENTS; In the Commercial Core Zone District, permitted uses include "dwelling units -accessory to other permitted uses, and comprising less than one half of the total floor area of the building." The proposed employee unit would meet this definition. The unit should be deed restricted to a 6 month minimum lease, following Section 24-3.7(o), rental restric- tions, to further ensure its compliance with the "accessory unit" use. The Planning Commission and staff agree with the Housing Author- ity recommendation that the employee unit be deed restricted to moderate income guidelines. Their belief that no community need would be served by a middle income deed restriction appears reasonable because the sale and rental values would be consider- ably higher than most of Aspen's employees can afford. Middle income restricted employee housing appears to be ineffective in creating an affordable housing stock and, incidentally, is ineligible for points when evaluating GMP applications. Further- more, the applicant did not oppose this condition. As noted above, Council must set the off-street parking require- ment for this two bedroom employee unit. A garage with adequate space for two vehicles is included in the building design. While the use of the garage has not been specified, staff believes that the most reasonable and purposeful arrangement would be to provide two parking spaces for the employee unit. This would then comply with the standard 1 space/bedroom required in the City's residential and office zone districts, while not contra- dicting the auto disincentive policy that discourages excessive customer or (non-resident) employee parking. Please note that the P&Z did not recommend in favor of this requirement, nor has resident employee parking consistently been required in the CC zone district. staff nonetheless believes that it is appropriate impact mitigation to require some parking because residential parking demand from the units will likely lead to overnight m parking in nearby residential neighborhoods. RECOMMENDED MOTIONS: "Move to approve the requested exemption from the Growth Management Quota System for the purpose of creating a two bedroom 1,253 square foot employee unit deed restricted to the Housing Authority's Moderate Income Guidelines, subject to the following conditions: 1. A deed restriction limiting rental and occupancy of the unit to the moderate income guidelines shall be filed to the satisfaction of the City Attorney and the Housing Authority with the Pitkin county Clerk and Recorder's Office prior to issuance of a Certificate of Occupancy for the structure. 2. The applicant shall restrict the unit to a 6 month minimum lease, pursuant to Section 24-3.7(o) of the Municipal Code." "Move to establish an off-street parking requirement of two spaces for the two bedroom employee unit. The applicant shall agree to restrict the two space garage for this purpose through a written agreement as approved to form by the City Attorney and through proper signage of the spaces." CITY MANAGER'S RECOMMENDATION: 3 sb.131 EXHIBIT E py"AYWO)"Mall V TO: Aspen Planning and Zoning Commission FROM: Mary Lackner, Planner r. RE: Boogies Diner GMQS Exemption - Change in Use DATE: April 25, 1995 SUMXARY: The applicant is seeking approval to expand the kitchen area of the Boogies Diner by 249 net leasable tsquare feet and convert a two-bedroom employee dwelling unit .into a one -bedroom unit. No floor area is being added to the building as the net leasable square footage is being taken out of the: existing employee unit. ; A copy of the application is included as Exhibit "A". a To accommodate this request, the applicant has addressed Section 24-8-204 (B) (1) (b) for GMQS Exemption Change in' Use which enables this request to be reviewed by the Planning and; Zoning Commission. APPLICANT: Lenny Weinglass, represented by KimWeil from Bill Pass & Associates. LOCATION: 534 E. Cooper Street, Lots R and S,iBlock 95, City and Townsite of Aspen. i ZONING: CC (Commercial Core) zone district with Historic District Overlay. i PROCESS: The Planning Commission will review :the- applicant's request for the GMQS Exemption at a public meeting: The Commission makes the final decision on this GMQS application. REFERRAL COMMENTS: Staff has received referral comments from the Housing Office. This referral memo is attached to the packet in Exhibit "B". STAFF COMMENTS: The 6, 000 sq. ft. parcel is presently improved with an approximately 13,234 sq.ft. structure which;contains retail space, a restaurant, storage area, and an employee dwelling unit. Section 24-8-204(B)(1)(b) states: Change in use. Any change in use o structure between the residential, commerc, tourist accommodations categories for.whic of occupancy has been issued for at least and which is intended to be reused, provic be demonstrated that the change in use wi: impact upon the city. A determination of an existing al/office, and i a ' certif icate two (2) years ed that it can 1 have minimal ninimal impact shall require a demonstration that a minimal number of additional employees will be generated by the change in use and that employee housing will be provided for the additional employees generated; that a minimal amount of additional parking spaces will be demanded by the change in use and that parking will be provided; that there will be minimal visual impact on the neighborhood from the change in use; and that minimal demand will be placed on the city's public facilities from the change in use. Response: The applicant is proposing to increase the net leasable area of the building by 249 sq. ft. The Housing Office has calculated that the increase in net leasable space generates' 1.3 employees and 60% mitigation equates to .78 employees, based on 5.25 employees per 1,000 square feet. The applicant is proposing to pay cash -in -lieu at the Category 2 level for mitigation of the employees generated. The reconfigured employee dwelling unit will need to have a new deed restriction filed, reflecting the change in. size and bedrooms. This deed restriction shall be filed with the Housing Office prior to the issuance of any building permits. Section 24-5-209(E)(3) requires that 2 parking spaces per 1,000 sq.ft net leasable area be provided in the CC zone district. This project therefore generates 0.5 parking spaces. The applicant may pay cash -in -lieu for the mitigation of the parking requirement, which is $15,000 per space. This project requires a mitigation of $7,500 for 0.5 parking spaces. The proposed change in use does not affect the exterior of the structure, therefore no visual impacts are anticipated. The City's public facilities are in place to the parcel, however the applicant will be responsible for additional tap fee's that may be assessed due to the increased kitchen size. ISSUE: Staff has some concern that one bedroom of the employee dwelling unit is being removed in order to increase the net leasable area of the building. Although the City has a multi- family housing replacement program that limits the amount of affordable housing that can be removed from the redevelopment of multi -family project, it does not address the removal of single units or bedrooms from the affordable housing inventory. Due to the fact this unit was originally provided on a.voluntary basis and deed restricted to affordable housing, staff can support the removal of one bedroom. Staff would not support the removal of the unit entirely from the project. SUMMARY: Staff believes that the applicant's proposal is consistent with the requirements of the Aspen Municipal Code. 2 RECOMMENDATION: Staff recommends that the Planning Commission approve the applicant's request subject to the following conditions: 1. Prior to issuance of any building permits, the applicant shall record a new deed restriction on the newly defined remodeled one -bedroom unit to a fully -deed restricted Category 2 unit. 2. Prior to the issuance of any building permits, the applicant shall pay the $39,999.30 cash -in -lieu for mitigation of the employee generation. If this balance is not paid by May 22, 1995 the fee will increase to $50,195.20.' 3. The applicant shall pay the parking cash -in -lieu mitigation of $7,500, prior to the issuance of any building permits. 4. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTION: "I move to approve the Boogies Diner GMQS Exemption for a change in use that adds 249 sq.ft. of net leasable area, subject to the conditions recommended in the April 25, 1995 Planning Office memorandum." EXHIBITS: "A" - Application Information "B" - Housing Office referral comments 3 605 EAST' MAIN STREET ASPEN, COLORADO 81611 TELEPHONE3031925-4755 FACSIMILE 303/920.2950 March 16, 1995 Kim Johnson Aspen/Pitkin County Planning Office 130 S. Galena Aspen, CO 81611 RE: BOOGIES DINER KITCHEN EXPANSION Dear Kim, Exhibit -Ai - Please consider this letter and the accompanying information a formal request for a GMQS exemption by the Planning and Zoning Commission. This request is being made under Section 8-104.B.1.b, change in use, provisions of the Land Use Code. PROJECT DESCRIPTION. Boogies Diner was constructed during the summer of 1987. It received a Certificate of Occupancy in November, 1987. The project was a reconstruction of The Shaft restaurant. As part of the reconstruction, a voluntary employee unit was created. This unit contained two bedrooms and 1 bath in 991 net livable square feet. Over the years, both bedrooms have rarely been occupied. Presently, the unit is occupied by the store manager and only one bedroom is utilized. At the same time, the restaurant portion of the operation has enjoyed great popularity. The success of this restaurant has caused it to out grow its present kitchen. Therefore, we are proposing to reconfigure the space at the north end of the second level. When completed, the remaining employee unit will contain approximately 715 s.f. net livable area with 1 bedroom and 1 bath. The restaurant kitchen area will expand by 249 net" leasuule .square feet. It is important tC note that nc new restaurant staff will be required. Rather, the new space will allow the existing staff to spread out and work more efficiently, and safer. BOOGIES DINER KITCHEN EXPANSION March 16, 1995 REVIEW STANDARDS. .: 1. Employee Housing. Since the existing employee unit was provided on a volunteer basis, we feel converting the unit from two bedrooms to one bedroom is appropriate, particularly since, as stated previously, only a one bedroom unit is needed on site. With respect to the newly created commercial space, the existing building configuration and the small size of the expansion make more on site housing impractical. Therefore the owner will make a cash payment to offset 60% of the employees generated by the expansion (again, please keep in mind that there will be no increase in staff as a result of this expansion). The amount of cash required by the code is variable, but we propose four (4) employees per 1,000 square feet at a Category 2 level. 2. On Site Parking. In this case, we feel we are swapping a bedroom with :commercial space and not creating any additional floor area or parking demands. Therefore, we would request that no parking mitigation be required. 3. Visual Impact. Since this is an interior remodel, there should be no visual impact to the city. 4. Impact on Public Services. The impact on public services will be very minimal. The new space will be used primarily for storage and prep work. The owner will pay all required water and sewer tap fees. CONCLUSION. We feel this request for change in use meets the requirements of the Land Use Code. Please schedule a hearing before the Commission on their earliest available agenda. Please feel free to contact us if you have any questions. Sincerely, Kim Weil Project Manager N xisting Floor Plan j i i I ' LIVING RM, - �� PH � i i KITCHEN Q BEDROOM cue ---�• 'ry BATH cn it �t I m 0 I NEW KITCHEN SPACE s tn o Me v • m Ta an.ovev m � � Tr t e.ron�: I ��t�,cin,ca I � I � 381336 8-781 P-23 05/IS/95 03;108 PG 1 EXHIBIT SILVIA DAVIS � MS REC PITKIN COUNTY CLERK & RECORDER 1 S. 00 'a OCCUPANCY D89D RESTRICTION AND AGREEMENT FOR AN EMPL®'YEE D WELLING UNIT THiS AGREEMENT is made and entered into this 3a -day of 'M 19 by Leonard Weinglass (hereinafter referred to as"Owner"), wh seaddre s i 534 East Cooper, located in the County of Pitkin, and the Aspen/Pitkin County Housing Authority, a multi jurisdictional housing authority established pursuant to the AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT recorded in Book 605 at Page 751 of the records of the Pitkin County Clerk and Recorder's Office (hereinafter referred to as "Authority"). WITNESSETH WHEREAS, Owner owns real property more specifically described as Lots R, S and the East2-1/2' Of Lot 1, Block 95, City of Aspen (hereinafter referred to as "Real Property"), which Real Propeffy shall contain a one bedroom Employee Dwelling Unit, approximately 715 net liveable square feet and is located above on the second floor of the building (hereinafter "Employee Dwelling Unit"), approved by the City Planning and Zoning Commission on April 25, 1995. For purposes of this Agreement, the Employee Dwelling Unit, the Real Property, and all appurtenances, improvements and fixtures associated therewith shall hereinafter be referred to as the "Property"; and WHEREAS, this Agreement Imposes certain covenants upon the Property which restrict the use and occupancy of the Employee Dwelling Unit to employees and thelr families who are employed in Pitkin County and meet the qualification guidelines established and indexed by the Authority on an annual basis. NOW, THEREFORE, in consideration of the mutual promises and obligations contained herein, the Owner hereby covenants and agrees as follows; 1• Owner hereby covenants that the Employee Dwelling Unit described above shall at all times remain a rental unit and shall not be condominiumized. 2. The use and occupancy of the Employee Dwelling Unit shall henceforth be limited exclusively to housing for employees and their families who are employed in Pitkin County and who meet thnes established and e definition of "employee" as that term is defined by the qualification guideli Indexed by the Authority on an annual basis. Owner shall have the right to lease the Employee Dwelling Unit to a "qualified employee" of his own selection. Such individual may be an employee of the Owner, provided such person(s) fulfills the requirements of a qualified employee. 3. The Employee Dwelling Unit shall not be occupied by the Owner or members of the immediate family ("Immediate Family" shall mean a person related by blood or marriage who is a first cousin for closer relative) and his or her children) nor shall the Employee Dwelling Unit be used a guest house or guest facility. 4. Written verification of employment of employee(s) proposed to reside in the Employee Dwelling Unit shall be completed and filed with the Authority by the Owner of the Employee Dwelling Unit prior to occupancy thereof, and such verification must be acceptable to the Authority. 5• The Employee Dwelling Unit shall be required to be rented for periods of no less than six (6) consecutive months. Upon vacancy of the Employee Dwelling Unit, the Owner is granted ninety 381336 B--781 F'-24 05/15/95 03:10P FSG 2 OF 3 (90) days in which to locate a qualified employee. If no employee is placed by the Owner, the Authority may rent the Employee Dwelling Unit to a qualified employee. 6, The maximum rental rate shall not exceed the Category #3 rental rate as set forth in the Rental Guidelines established by the Authority and may be adjusted annually as set forth by the Guidelines. The maximum permitted rent for the unit on the date of execution of this deed restriction is $933 per month. Rent shall be verified and approved by the Authority upon submission and approval of the lease. Employees shall be qualified by the Authority as to employment only, and not maximum income or asset limitations, 7. Lease agreements executed for occupancy of the Employee Dwelling Unit shall provide for a rental term of not less than six (6) consecutive months. A signed and executed copy of the lease shall be provided to the Authority by the Owner within ten (10) days of approval of employees) for the Employee Dwelling Unit. 8. This Agreement may be removed by the Owner with the approval of the Pitkin County Board of County Commissioners, subject to the requirement that the Employee Dwelling Unit is removed or modified. If modified, the remaining improvements must no longer be capable of occupancy as a "dwelling unit" as defined in the Pitkin County Land Use Code and must meet otherwise applicable code requirements, 9. Unless modified as stated above, this Agreement shall constitute covenants running with the Real Property as a burden thereon for the benefit of, and shall be specifically enforceable by, the Authority, the Board of County Commissioners of the County of Pitkin, Colorado, and their respective successors, as applicable, by any appropriate legal action including, but not limited to, Injunction, abatement, or eviction of non-qualified tenants. IN WITNESS HEREOF, the parties hereto have executed this instrument on this date and year above first written. OWNER: � r L onard Weinglass Mailing Address: Cla Booc�t 7)141%INC• .(joy q q 2y- F�P�N f to S t b I ai STATE OF ' 10(iQU ) ss. COUNTY fi �_i p1 ) The foregoing Instrument was acknowledged before me this, day of 19-15, by Leonard Weinglass. AMY M. KARMA7.ONINOTARY PUBLIC WITNESS MY hand and official seal; My Commission expires: P17ifIN cQUNTY BANK a TnusT RIM 3677 ASPEN. CO 6+6+2 MY COMMISSION EXPIRES 1010+'97 +cunni , Notary ublic `08, TARy 381336 B-781 P-25 05/15/95 03e10P PG 3 OF 3 ACCEPTANCE BY THE HOUSING AUTHORITY The foregoing agreement and its terms are accepted by the Aspen/Pitkin County Housing Authority. THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY By: Elizabeth Krizmanich, Chairperson Mailing Address: Executive Director Aspen/Pitkin County Housing Authority 530 East Main, Lower Level Aspen, CO 81611 STATE OF COLORADO � COUNTY OF PITKIN ) ss. The foregoing instrument was acknowledged before me this-ILI^'day of1914j- by Elizabeth Krizmanlch. WITNESS MY hand and official seal. My Commission expires: Date AworkW&ocolmedu TE otary Pu I 3 HUNTER STREET -- 2926.5 0 TREE TREE TREE \10 '9 -1 -1,5 POSS i'001111111 IIlkll � PI i�lbflll 605 EAST MAIN IN STRE E T ASPEN, COLORADO 81611 (7) 9]0/925 7 0 1 92 5 4755 (F) 9]0/920 2950 534 EAST COOPER Aspen, CO EXISTING SITE PLAN ©m 11.23.2015 1-- . Q POSS i'001111111 IIlkll � PI i�lbflll 605 EAST MAIN IN STRE E T ASPEN, COLORADO 81611 (7) 9]0/925 7 0 1 92 5 4755 (F) 9]0/920 2950 534 EAST COOPER Aspen, CO EXISTING SITE PLAN ©m 11.23.2015 1-- . EXISTING FLOOR AREA LEGEND L% COMMERCIAL FLOOR AREA `.__J OVERHANGS BEYOND 4'-0' J AHU FLOOR AREA BASEMENT - COMMERCIAL FLOOR AREA EXEMPT PER SECT. 26.575.020.D.8. BASEMENT TOTAL OSF MAIN LEVEL COMMERCIAL FLOOR AREA OVERHANGS BEYOND 4--0' AHU FLOOR AREA 4,887 SF 324 SF 74 SF MAIN LEVE -TOTAL 5,285 SF UPPER LEVEL LEVEL COMMERCIAL FLOOR AREA AHU FLOOR AREA 2,135 SF 771 SF UPPER LEVEL TOTAL 2,906 SF TOTALS COMMERCIAL FLOOR AREA AHU FLOOR AREA BUILDING OVERHANGS BEYOND 4--0' 7,022 SF 945 SF 324 SF GRAND TOTAL 8,191 SF Aspen, CO poss II;,.i1 c l�ll1 11,i!Illi!( �doy 605 FAST MAIN STREET ASPEN, COLORA00 9,6„ EXISTING BASEMENT LEVEL FLOOR AREA (T) 970/925 4155 (E) 970/910 1950 a ©SOTS Ae�an[�Ew,y 11.23.2015 :i f D 4'-0" .020.D.6. EXISTING FLOOR AREA LEGEND rL/1_/J COMMERCIAL FLOOR AREA _ J OVERHANGS BEYOND 4'-0' LI--I L'i J AHU FLOOR AREA BASEMENT COMMERCIAL FLOOR AREA EXEMPT PER SECT. 26.575.020.D.B. BASEMENT TOTAL 0 SF MAIN LEVEL COMMERCIAL FLOOR AREA OVERHANGS BEYOND W -O' AHU FLOOR AREA 4,887 SF 324 SF 74 SF MAIN LEVEL TOTAL 5,285 SF UPPER LEVEL LEVEL COMMERCIAL FLOOR AREA AHU FLOOR AREA 2,135 SF 771 SF UPPER LEVEL TOTAL 2,906 SF TOTALS COMMERCIAL FLOOR AREA AHU FLOOR AREA BUILDING OVERHANGS BEYOND 4'-0' 7,022 SF 845 SF 324 SF GRAND TOTAL 8,191 SF Aspen, CO p0$$ � bI"CHI I I (',H] I 1 I1 'All''llII}'(; ��yEXISTING MAIN LEVEL FLOOR AREA ` 1 605 EAST MAIN STREET ASPEN, COLO RA00 81611 i Ll (T) 9]0/925 4755 (P) 970/920 2950 ve=ta Q 201 ,pppg�,,y 11.23.2015 1 F TOP OF STAIR ELEMENT NOT INCLUDED PER SECT. 26.575.020D.2. (76 SF) AREA MEASURED TO OUTSIDE FACE OF FRAMING (VENEER NOTINCLUDED)PER PER SECT. 26.575.020D.1. OPEN TO BELOW TOP OF STAIR ELEMENT NOT INCLUDED PER SECT. 26.575.020.D.2. (86 SF) EXTERIOR DECK OPEN TO BELOW 1123 SF EXEMPT 26 575 020 DE4. DN II ELEVATOR TOP OF STAIR AND ELEVATOR ELEMENT NOT INCLUDED PER SECT. 26.575.020.D.2. (125 SF) AREA MEASURED OUTSIDE FACE OF BEARING CMU ON WEST WALL ONLY 0 1 %>%////////% /� 0 OPEN TO BELOW 11 EXISTING FLOOR AREA LEGEND COMMERCIAL FLOOR AREA L_ J OVERHANGS BEYOND 4'-0' r .1 AHU FLOOR AREA LTJ BASEMENT COMMERCIAL FLOOR AREA EXEMPT PER SECT. 26.575.020.D.8. BASEMENTTOTAL TSF MAIN LEVEL COMMERCIAL FLOOR AREA OVERHANGS BEYOND 4'-0- AHU FLOOR AREA 4,887 SF 324 SF 74 SF MAIN LEVELTOTAL 5,285 SF UPPER LEVEL LEVEL COMMERCIAL FLOOR AREA AHU FLOOR AREA . U : UPPER LEVEL TOTAL 2,906 SF DN• 6 AHU:.•.. ........; 7,022 SF 845 SF 324 SF ....'.:::-:771 SF::.':::'::::'::: ; l ;=. '::::::::' ................. ::..... ': ::: , ..'..'.. , ... , . , •'. • :: I f I r r I.. I' - �.. .... .. ... .. .. ... .. ... .'�:�.�.'.'� OPEN TO BELOW TOP OF STAIR ELEMENT NOT INCLUDED PER SECT. 26.575.020.D.2. (86 SF) EXTERIOR DECK OPEN TO BELOW 1123 SF EXEMPT 26 575 020 DE4. DN II ELEVATOR TOP OF STAIR AND ELEVATOR ELEMENT NOT INCLUDED PER SECT. 26.575.020.D.2. (125 SF) AREA MEASURED OUTSIDE FACE OF BEARING CMU ON WEST WALL ONLY 0 1 %>%////////% /� 0 OPEN TO BELOW 11 EXISTING FLOOR AREA LEGEND COMMERCIAL FLOOR AREA L_ J OVERHANGS BEYOND 4'-0' r .1 AHU FLOOR AREA LTJ BASEMENT COMMERCIAL FLOOR AREA EXEMPT PER SECT. 26.575.020.D.8. BASEMENTTOTAL TSF MAIN LEVEL COMMERCIAL FLOOR AREA OVERHANGS BEYOND 4'-0- AHU FLOOR AREA 4,887 SF 324 SF 74 SF MAIN LEVELTOTAL 5,285 SF UPPER LEVEL LEVEL COMMERCIAL FLOOR AREA AHU FLOOR AREA 2,135 SF 771 SF UPPER LEVEL TOTAL 2,906 SF TOTALS COMMERCIAL FLOOR AREA AHU FLOOR AREA BUILDING OVERHANGS BEYOND 4'-0' 7,022 SF 845 SF 324 SF GRAND TOTAL 8,191 SF posy {`:1; ;Ill I I C 1111; , I'1 �`)&41!11`a(� �d°y EXISTING UPPER LEVEL FLOOR AREA ti 1 605 EAST MAIN STREET ASPEN, COLORADO 81St1 YJ (T) 970/925 4755 (F) 970/920 2950©1015�1t 1j,23.2pj5 t 1 AREAINTEGRP FUNCTION OF PER SECT. 26. EXISTING NET LEASABLE LEGEND V�7 NET LEASABLE r—� NET LIVABLE L'.vJ BASEMENT COMMERCIAL NET LEASABLE 3,620 SF BASEMENT TOTAL 3,620 SF MAIN LEVEL COMMERCIAL NET LEASABLE AHU NET LIVABLE 4,266 SF APCHA EXEMPT SF MAIN LEVEL TOTAL 4,266 SF UPPER LEVEL COMMERCIAL NET LEASABLE AHU NET LIVABLE 2,009 SF 744 SF UPPER LEVEL TOTAL 2,753 SF TOTALS NET LEASABLE GRAND TOTAL NET LIVABLE GRAND TOTAL 9,895 SF 744 SF Aspen, CO pp$$ '7l; alll(I#,#III;( €}IraNIllit?( Vdoy EXISTING BASEMENT NET LEASABLE f'E I 695 EAST MAIN STREET ASPEN, COLO RADO 61611 RStia,a�u 1 .23.2015 I (T) 970 / 121 4111 (P) 970 / 920 2950 a ©NIS ,�„� „,�,� 1 AREA INTEGRAL TOTH E BASIC FUNCTION OF THE BUILDING. PER SECT. 26.575.020.1. (327 SF AHI I CTAIR !FR CFl __.. ,... ,._.... _. _.. _.._ _.._..__ EXISTING NET LEASABLE LEGEND Ln1J NET LEASABLE rL-,7' NET LIVABLE BASEMENT COMMERCIAL NETLEASABLE 3,620 SF BASEMENT TOTAL 3,620 SF MAIN LEVEL COMMERCIAL NET LEASABLE AHU NET LIVABLE 4,266 SF APCHA EXEMPT O SF MAIN LEVEL TOTAL 4,266 SF UPPER LEVEL COMMERCIAL NET LEASABLE AHU NET LIVABLE 2,009 SF 744 SF UPPER LEVEL TOTAL 2,753 SF TOTALS NET LEASABLE GRAND TOTAL NET LIVABLE GRAND TOTAL 9,895 SF 7445E Aspen, CO TOSS t,I;;i191 i;IiEII I`l,i'!(illll({ �`°y EXISTING MAIN LEVEL NET LEASABLE 605 EAST MAIN STREET ASPER, COLORA00 91611 SCJ (T) 9701925 4755 (f) 970/920 2950 vs'=1'a' ©?DIS AtOn[cn SNA Fc 11.23.2015 t ®l1fIIIAAR ¢�i[5, IN>2]If t]^:1rN TOP OF STAIR ELEMENT EXEMPT PER SECT. 26.575.020.1. (71 SF) I NET LEASABLE Lr. . 1 NET LIVABLE uJ BASEMENT COMMERCIAL NET LEASABLE 3,620 SF AHU 3,620 SF MAIN LEVEL ... ..... .. .... MAIN LEVEL TOTAL STAIR UPPER LEVEL COMMERCIAL NET LEASABLE AHU NET LIVABLE 2,009 SF 744 SF -------------- UPPER LEVEL TOTAL :AHU':':': TOTALS J ... ....... .• .. . .:: . j / : 4 INTEGRAL TO THE BAS 'TION OF THE BUILDING SECT. 26.575,020.1.: OPEN TO BELOW - EXISTING EXTERIOR SEATING DECK ELEVATOR TOP OF STAIR AND ELEVATOR ELEMENT EXEMPT PER SECT. 26.575.020.1. (99 SF) EXTERIOR DECK 1123 SF EXEMPT PER SECT. 26.575.020.D.4. OPEN TO BELOW TOP OF APER SEC j OPEN TO BELOW EXISTING NET LEASABLE LEGEND NET LEASABLE Lr. . 1 NET LIVABLE uJ BASEMENT COMMERCIAL NET LEASABLE 3,620 SF BASEMENT TOTAL 3,620 SF MAIN LEVEL COMMERCIAL NET LEASABLE AHU NET LIVABLE 4,266 SF APCHA EXEMPT 0 SF MAIN LEVEL TOTAL 4,266 SF UPPER LEVEL COMMERCIAL NET LEASABLE AHU NET LIVABLE 2,009 SF 744 SF -------------- UPPER LEVEL TOTAL 2,753 SF TOTALS NET LEASABLE GRAND TOTAL NET LIVABLE GRAND TOTAL 9,895 SF 744 SF 534 EAST COOPER Aspen, CO POSE`,};;;}}I1} EXISTING UPPER LEVEL NET LEASABLE „1 605 EAST MAIN STREET ASPEN, COLORA00 81811 J (T) 970/925 4755 (F) 970/920 2950 L<=1'm ©2015 Ia0itm A®eFme�ic 11.23.2015 € SVINl15 L135SFM 2Ye r Y .e - o , u a Y ' Y r," 1 r n) s 1j ze �.. f V [ ow y � ;t -E. -�b F' P• M,Q, e .. 41� �_ iT � Y d � ; F �i s -�.� g o , „ ,� - . oil n Y / vi law, t. y /{ �. 6! 11 A, 3 '3 F lig ,r + Td r i 1.,r L I ej z WVI NNS -1 IWA .L t x w l lr5 a .- ,. my M.0 y'b < x At ow Y t i my 1 _A 1 r e .x y Y F' 10' Qjj f, JA ! r„ a > r' T j i �p GS 2 fM I j i f r r m, 1 A G; i E ! 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Box 4827 Basalt, CO 81621 Subject: Conceptual Engineering Analysis for 534 E. Cooper Avenue HPC Major Development Plan/Commercial Design Review Application SE Project No. 15193 Dear Mr. Vann, Sopris Engineering has prepared this letter to summarize our conceptual engineering findings in regards to the proposed renovation and improvements to the existing building located at 534 E. Cooper Avenue. This letter focuses on utility services to the building, drainage mitigation recommendations and Multi - Modal Level of Service (MMLOS) improvements to mitigate the additional trips generated from the expanded square footage. The information outlined within this letter was based on site plans prepared by POSS Architecture + Planning, existing survey performed by Sopris Engineering, LLC, coordination with various utility providers and a site visit to assess the existing drainage infrastructure within the building. Existing Building Description: The existing building (Boogies Diner & Retail) is a two-story brick structure on a 6,269-/- s.f. lot located at the northwest corner of E. Cooper Avenue and S. Hunter Street. According to the City's assessor's website the building was constructed in 1988. The property currently occupies commercial space at the lower and upper levels. An affordable housing unit and diner are also located on the second floor. The basement is used for storage and houses the mechanical room and a walk-in cooler. The roof is primarily flat and houses various pieces of mechanical equipment. The roof appears to drain entirely to an existing dry well located within the basement which is further discussed within the Drainage Section of this letter. Finally, the surrounding sidewalks are snowrnelted frorn the top back of curb to the edge of building and connected to a recently improved boiler system which is located within the mechanical room. Project Description: The remodel and renovation work proposed include an entire remodel of the interior space, a new roof and an expansion of the building footprint along the east side of the building. The resultant leasable area will be dedicated to commercial use. Site improvements in support of mitigating additional trips generated by the project include the creation of a 5 -ft landscape buffer along S. Hunter Street as well as the installation of a bi-directional pedestrian ramp at the corner of E. Cooper Avenue and S. Hunter Street. Finally, expanding the existing dry well system and adding a pump to provide a controlled outfall is also proposed for providing the required water quality capture volume for the entire roof area. All these improvements are further discussed below. Utilities: This section outlines our findings as they pertain to the various utilities currently serving the project and are based on discussions that have taken place to date with the various utility providers. 502 Main Street ® Suite A3 Carbondale, f CO 81623 (970) 704-0311 Fax (970) 704-0313 CJ [' [jai [I r' udI v,] 111 i, � in H c(hi o J, civil consultants November 24, 2015 SE Job # 15193 Page 2 of 5 ® Gas: Source Gas is the provider of natural gas in this area. Currently the building is served with a 2 -inch service line off a 4 -inch main that runs along the alley on the north side of the building. This existing service will be adequate to serve the renovated building. Electric: The City of Aspen is the provider of electric service to the building. Based on discussions with the Electric Department the building is currently served from a transformer that is located northwest of the subject building. This existing transformer does not include a vault and is located under the eve of the adjacent building. Despite these deficiencies the Electric Department has indicated that if the existing service is found to be adequate to serve the renovated building then the transformer can continue to provide service to the building. In the unlikely event the proposed demands of the building are increased and a new service is necessary further coordination with the Electric Department will need to take place to discuss options for providing service to the building; to include pulling service from the existing transformer across the alley which is intended to provide service to Little Annie's and the Aspen Core Buildings. If this is not an option based on the requirements of the Little Annie's redevelopment plan then a new transformer and vault will need to be accommodated onsite and per the City's Electric Department standards. ® Telephone: Century Link is the provider of telephone service in this area. Telephone service is currently provided to the existing affordable housing unit, commercial and restaurant components of the building via a pedestal located within the trash area along the north side of the building. Telephone service will continue to be served from this pedestal. Sanitary Sewer: Aspen Consolidated Sanitation District (ACSD) is the provider of sanitary sewer service for the Aspen area. ACSD stated in an email that the subject property has two sewer services to the existing building. One is approximately 115 feet west of the manhole east of the curb line in Hunter Street. The second is approximately 145 feet west of same said manhole. Both services are connected to the sewer main that runs along the alley. This sewer main is approximately 7.5 -ft deep. The size and material types were not known and the District was not sure if the service located 115 feet from manhole was in use. The integrity, location, size, internal routing and material types of these service lines shall also be verified prior to construction and will only need to be upgraded if the condition of the service lines are found to be unacceptable. Water service is currently being provided to the subject property via a 4 -inch ductile iron pipe that is connected to the water main that runs along S. Hunter Street. Based on the site visit the penetration through the building is along the northeast side of the building; however a shut-off gate valve was not located within the right-of-way. A fire suppressant system is currently installed throughout the building and a fire department connection is located near the south entrance along the east side of the building. Given the existing location of the fire department connection it will need to be extended through the addition so that access to this apparatus is maintained. Drainage: Given the proposed site disturbance associated with the redevelopment of the existing building this project will be classified as a "Major Design" project under the City of Aspen's Urban Runoff Management Plan (URMP). The drainage criteria for this type of classification, given the location, are to provide water quality treatment and to ensure that no adverse impacts will be created due to the proposed improvernents. Stormwater detention or fee -in -lieu of providing detention is not required since the 502 Main Street - Suite A3 - Carbondale, CO 81623 - (970) 704-0311 - Fax (970) 704-0313 civil consultants November 24, 2015 SE Job It 15193 Page 3 of 5 property is directly connected to the City's storm sewer system. This section describes the existing drainage conditions as well as the proposed stormwater mitigation recommendations for integrating water quality treatment facilities to comply with the City's URMP Manual. Exhibit A has also been provided as an attachment to this letter for illustrative support. Existing Drainage Conditions: The existing site currently conveys runoff from approximately 850+/- s.f. of impervious area to the neighboring right-of-way. These areas include a narrow gap between the adjacent building to the west, a portion of the entrance roof atrium and the surrounding sidewalks along the east side of the building. The remaining 5,420+/- s.f. includes roof area that is currently being conveyed to the existing dry well located within the basement. According to an employee who has worked at the building for the past 20 -years this dry well has operated without failure since his time of employment. A site visit was conducted on October 30, 2015 to verify the size of this existing dry well as well as perform a percolation test to confirm infiltration capacities. Out* findings indicate that the dry well is a 5 -ft diameter perforated structure that is approximately 6.9+/- feet deep measured from the basement slab. The structure consists of a 3+/- ft perforated barrel section, 3+/- ft solid conical barrel section with a 2 -ft diameter access lid which results in approximately 75 c.f. of volume; neglecting any gravels that may be surrounding the exterior of the structure. Four 4 -inch diameter cast iron pipes and a 4 -inch flexible pipe enter the structure at a depth of 1.7+/- feet from the basement floor. Minor sediment build-up was observed at the sump of the structure. The percolation test consisted of introducing approximately 660 gallons of water into the structure. This was achieved by pouring nine 5 -gallon buckets in four separate doses as well as allowing a garden hose to continuously run for over an hour at a flowrate of approximately 8 gprn. During the test the maximum water depth within the dry well was only 10 -inches and the resultant average percolation rate observed was 12 in/hr. It is worth noting that it was raining at the time of the test and water was discharging from the roof drains and into the structure. Furthermore, the Aspen area had received 4 -inches of cumulative rainfall over the previous 4 -days and there was no standing water within the structure prior to commencing the test. In summary, utilizing a dry well at this location to infiltrate stormwater into the underlying soils is an acceptable best management practice for managing stormwater and has proven to be effective for the past 27+ years at this site. Proposed Drainage Mitigation: The proposed drainage mitigation approach for this project is to provide water quality treatment for the entire roof area (6,000+/- so which essentially cover's 96% of the entire lot. Given the inability to provide water quality treatment of the roof area at the surface because of the lack of available onsite real estate and based on the high performance of the existing dry well within the basement it is our recommendation to continue utilizing this existing structure. However, despite the condition, performance and effectiveness of the existing dry well it has been determined that it does not rneet the City's sizing criteria and therefore will need to be expanded and outfitted with an overflow pump system to meet the sizing requirements. Expanding the existing dry well system would consist of installing an additional dry well immediately adjacent to the existing structure and hydraulically connecting them together via a 8" pipe at the bottom of the structures. A pump system would also be installed to provide a form of controlled outfall. The pumps will be sized to maximize the available volume within the dry well and will include a small discharge pipe that will need to be routed through the structure and likely penetrate the building at the alley. Given the performance of the existing dry well coupled with the proposed expansion of the system it is not likely that these pumps will ever be engaged; however the resultant systern will comply with the City's URMP. Table 502 Main Street ® Suite A3 ® Carbondale, CO 81623 ® (970) 704-0311 ® Fax (970) 704-0313 SOPRIS ENGINEERING 0 tic civil consultants November 24, 2015 SC Job # 15193 Page 4 of 5 1 summarizes the water quality capture volume required to treat stormwater runoff generated from the entire roof area. Table 1: Water Quality Capture Volume Summary AREA% WQCV WQCV REQ. WQCV (sf) ( IMPERVIOUS ( (in) (CF) (WQCV x:1.5) (CF) 6000 100 0.255 128 191 The sizing estimates for the water quality component of this system was based on the water quality capture volume criteria outlined within the City's URMP and as summarized within Table 1 above was determined to be 191+/- c.f. This indicates that an additional dry well of similar size and depth would provide the required water quality capture volume. Again, this additional dry well would be hydraulically connected to the existing dry well by connecting a 8" drain pipe at the bottom of the structures. In addition, a pump system would be included and the discharge pipe would be routed to discharge at the alley and east of the trash enclosure. Design Constraints: As mentioned above the proposed roof area will encompass approximately 96% of the entire site. The remaining 4% of the site consists of the area falling in between the building and neighboring building as well as a narrow strip of concrete that lies along the east side of the building. A variance for providing water quality treatment may be required for these areas given the complexities associated with capturing and routing runoff to a treatment facility. The challenge with providing water quality treatment for the area along the west side of the building is obvious; the area is confined between two existing structures and does not offer enough space to feasible construct any type of stormwater infrastructure. The narrow strip of sidewalk along the east side of the building also poses some challenges. Some concepts that can be further explored as the design progresses include the installation of a slot drain along the property that would intercept stormwater runoff prior to it being conveyed to the right-of-way. The slot drain would then need to be routed to the interior water quality dry well structures located in the basement since there is not enough room onsite for a water quality vault or exterior dry well. It is our belief that this approach would visually impact the pedestrian experience since a slot drain would break up the streetscape. Another option would be to install bioretention cell(s) within the proposed 5 -ft wide landscape area; however because S. Hunter Street flows from the south to the north the only viable location within the planter area would be just north of the existing trees. This would limit the available footprint area of a bioretention cell to about 30 sf which would result in a deep depression (10"+/-) to accommodate the required storage depth as well as available head for the associated overflow inlet. This type of depth adjacent to a pedestrian corridor could create a nuisance tripping hazard. In addition, the overflow inlet associated with this treatment area would need to be connected to the City's storm system and the closest point of connection down gradient is the recently constructed shallow inlet at the Aspen Core Building. Furthermore, the excavation required to install grow media for the bioretention area would likely impact the existing tree located within this area. Another option would be to integrate permeable pavers within this area. This approach would require an some excavation work in and around the existing trees as well as an underdrain system given the proximity to the existing building. These underdrains would then need to be connected to the City's storm system and again the nearest point of connection down gradient is the shallow inlet near the Aspen Core Building. As an alternative the underdrains could potentially be routed to the improved dry well system proposed within the basement but this would require penetration of the foundation walls. 502 Main Street ® Suite A3 ® Carbondale, CO 81623 ® (970) 704-0311 ® Fax (970) 704-0313 civil consultants November 24, 2015 SE Job It 15193 Page 5 of 5 It is worth noting that the impervious area falling on the subject property and along the east side of the building will be routed through the proposed landscape area which will provide some level of water quality treatment as well as disconnect directly connected impervious areas which does not occur today. In addition, the 5 -ft landscape buffer will eliminate approximately 470 sf of impervious snowmelt sidewalk which will result in an overall reduction of approximately 1,000 sf of impervious area (onsite and offsite) being routed directly to the City's storm system. A formal drainage report outlining the stormwater mitigation approach for this project will be submitted with any future building permit application. Trip Generation Mitigation: Sopris Engineering was asked to assist with providing recommendations for mitigating the estimated trips generated from the project from a Multi -Modal Level of Service (MMLOS) standpoint. Our review of the site offers a few opportunities to enhance the pedestrian experience as well as pedestrian access to the building. These include the integration of a landscape strip along the east side of the building as well as constructing a bi-directional pedestrian ramp at the corner of E. Cooper Avenue and S. Hunter Street. The construction of the landscape buffer will require the removal of approximately 470 sf of existing snowmelt sidewalk and replacing it with landscaping improvements. The existing trees within this area will need to be protected so they are not impacted; however these improvements will not only enhance the pedestrian experience but also improve the quality of stormwater runoff, benefit the trees as well as reduce the energy consumption associated with the snowmelt system. The installation of the bi-directional pedestrian ramp will improve the pedestrian access to the building. This work will require the relocation of an existing fire hydrant that lies directly in the travel path of the existing ramp. The existing light pole could also be relocated in between the proposed ramps which would provide a bi-directional ramp that meets the City standards. Based on the City's MMLOS Tool Kit Spreadsheet these improvements along with the project's directness factor would mitigate 10 trips. These proposed improvements and MMLOS Spreadsheet are illustrated on Exhibit B. Transportation Demand Management techniques will also be proposed per the requirements outlined within the Traffic Impact Analysis Guidelines. Sincerely, Sopris Enginee 4 Y N T Yancy Nichol,'P,[ '/ Principal 'i'��,�ssi Z /V// Jesse K. Swann, PE Project Engineer Encl; Exhibit A- Existing & Post Development Stormwater Mitigation Plan Exhibit B- MMLOS Improvements 502 Main Street - Suite A3 - Carbondale, CO 81623 - (970) 704-0311 - Fax (970) 704-0313 civil consultants W 534 E. COOPER AVE. IMPROVEMENTS w70PRIS ENGINEERING, LLC. '> CITY OF ASPEN, COLORADO CIVIL CONSULTANTS EXHIBIT A -EXISTING & POST DEVELOPMENT STORMWATER PLAN,,': \ MN <5 W51 I; r� I o��i;4 a 6 F 3nF6 DG^ Else ��I - 8j, 2 Ri s 4 \ E RH g e� t 1 9Ff, g I Ian v 0 5 S �Ve 534 E. COOPER AVE. IMPROVEMENTS w70PRIS ENGINEERING, LLC. '> CITY OF ASPEN, COLORADO CIVIL CONSULTANTS EXHIBIT A -EXISTING & POST DEVELOPMENT STORMWATER PLAN,,': G ,fie I; a 6 � 6n, So Ri g t 1 9Ff, g I Ian v 5 S �s q a_ _ sss �t I I _ SgEg�E 534 E. COOPER AVE. IMPROVEMENTS w70PRIS ENGINEERING, LLC. '> CITY OF ASPEN, COLORADO CIVIL CONSULTANTS EXHIBIT A -EXISTING & POST DEVELOPMENT STORMWATER PLAN,,': �mfaitlaVislvf J sinus S1NIMAOUNISOIWW'81181HX3 _ e sy s oa (o OOVa0I00'N3dSV30AM 'ten 'oMaaaa(orF�stados vw }° � SiN3W3A0NdVll'3AVN3d000*3 VCS 0 - JJJwsruwnN.- 3i L� �a� �p IaI Q�6 sg z ♦ o R c, 4 t L c i b FK II O: y `s �3E3 L' F FIE O � � E:C s 4 � E Loi � � Xi fi RB ,.� e � ,:2 ,''. Y x •:.. i. � ��X � dp S s a6nuaaJ W(cV uo -uo, �CC nlnoll KlVwP>d rvcP>aappue>uaa ko-�V>N� wP>d ,.. � pPaT�d gueJ ♦IawF15 ..; Na.♦'W+�d sdcv>NM W°Ey^ul�>Hivl M1vnP PPY sue(J;sapad 0 - JJJwsruwnN.- 3i L� �a� �Se, IaI Q�6 sg z ♦ o R c, F t L c i b FK II �3E3 FIE O � � E:C s t� � E Loi � � Xi fi RB ,.� e � ,:2 ,''. Y x •:.. i. � ��X � dp S s a6nuaaJ W(cV uo -uo, �'a 1uu� '.�»FV>MS nlnoll KlVwP>d rvcP>aappue>uaa ko-�V>N� wP>d ,.. � pPaT�d gueJ ♦IawF15 ..; Na.♦'W+�d sdcv>NM W°Ey^ul�>Hivl M1vnP PPY sue(J;sapad 0 - JJJwsruwnN.- 3i L� �a� �Se, IaI Q�6 sg z ♦ o R c, Me \\ a N 3i L� P � z ♦ o R c, F wU' i V" II Me \\ a N P � z ♦ o c� F F wU' 8 IN Instructions: IMPORTANT: Turn on Macros: In order for code to run correctly the security settings need to be altered. Click "File" and then click "Excel Options." In the "Trust Center" category, click "Trust Center Settings", and then click the "Macro Settings" category. Beneath "Macro Settings" select "Enable all Macros." Sheet 1. Trip Generation: Enter the project's square footage and/or unit counts under Proposed Land Use. The numbers should reflect the net change in land use between existing and proposed conditions. If a landuse is to be reduced put a negative number of units or square feet. Sheet 2. MMLOS: Answer Yes, No, or Not Applicable under each of the Pedestrian, Bike and Transit sections. Points are only awarded for proposed (not existing) and confirmed aspects of the project. Sheet 3. TDM: Choose the mitigation measures that are appropriate for your project. Sheet 4. Summary and Narrative: Review the summary of the project's mitigated trips and provide a narrative which explains the measures selected for the project. Click on "Generate Narrative" and individually explain each measure that was chosen and how it enhances the site or mitigates vehicle traffic. Ensure each selected measure make sense for 1. Refer to the T. Transportation Impact Analysis_idelines for information on the use of this tool. 2. Refer to I TIA Frequently Asked Questions a quick overview. 2. Hover over red corner tags for additional information on individual measures. 3. Proposed TDM or MMLOS measures should be new and/or an improvement of existing conditions. A project will not receive credit for measures already in place. Proposed TDM or MMLOS measures should also make sense in the context of project location and future use. = input = calculation DATE: 11/21/2015 PROJECT NAME: 534 East Cooper Expansion PROJECT ADDRESS: 534 East Cooper Avenue APPLICANT CONTACT INFORMATION: Mr. Geoff Ross, Thor Equities, LLC, 25 West 39th Street, New York, NY 10018, (212) 529 - NAME, COMPANY, 7415 ADDRESS, PHONE, EMAIL Minor Development - Inside the Roundabout Is this a major or minor project? Minor Major Development - Outside the Roundabout *For mixed-use (at least two of the established land uses) sites, a 4% reduction for AM Peak -Hour and a 14% reduction for PM Peak -Hour is applied to the trip generation. ASSUMPTIONS ASPEN TRIP GENERATION AM Peak Averaee PM Peak Avera¢e Land Use Trip Rate Net New Trips Generated AM Peak -Hour PM Peak -Hour Commercial 2.27 Units/square Feet of Proposed Land Use the Proposed Project Entering Exiting Total Entering Exiting Total Commercial (sf) 3479.0 sf 5.45 2.45 7.90 576 8.64 14,40 Free -Market Housing (Units) 0Units 0.00 0.00 0.00 0.00 0.00 0.00 Affordable Housing (Units) -1 Units 0.36 -0,39 -0.75 0.49 -0.40 0:89 Lodging (Units) 0Units 0.00 0.00 0.00 0.00 0.00 0.00 Essential Public Facility (sf) 0.0 sf 0.00 0.00 0.00 0,00 0.00 0.00 TOTAL NEW TRIPSI 5.09 2.06 7,15 5.27 8.24' 13'[51 *For mixed-use (at least two of the established land uses) sites, a 4% reduction for AM Peak -Hour and a 14% reduction for PM Peak -Hour is applied to the trip generation. ASSUMPTIONS ASPEN TRIP GENERATION AM Peak Averaee PM Peak Avera¢e Land Use Trip Rate %Entering %Exiting Trip Rate %Entering %Exiting Commercial 2.27 0.69 0.31 4.14 CA 0.6 Free -Market Housing 0.67 0.29 0.71 0.82 0.56 0.44 Affordable Housing 0.75 0.48 0.52 0.89 0.55 OAS Lodging 0.25 0.57 0.43 0.31 0.52 0.48 Essential Public Facility, 0.86 0.62 0.38 1.66 0.4 0.6 1. 22% work trips represents a mired -used site (SF Bay Area Travel Survey). See Assumptions Tab for more detail. TDM Input Page 4 tIMFY i c� / C1 01 InstructionSTDM: Choose the mitigation measures that are appropriate for your project. Proposed TDM or MM LOS measures should be new and/or an improvement of existing conditions. A project will not receive credit for measures already In place. Proposed TDM or MM LOS measures should also make sense in the context of project location and future use. F �e e, 1 Category Measure Number Sub. Question Answer Strategy VMT Reductions 1 Will an onsite ammenities strategy be implemented? Onsite Servicing Which onsite ammenities will be Implemented? No 0.00% ` c fig,".. ; Shared Shuttle Service WIII a shared shuttle service strategy be implemented? No. What Is the degree of implementation? 0.00% What is the company size? What percentage of customers are eligible? < 3 Nonmotorimd Zones IWIII a nonmotorized zones strategy be implemented? IN. 0.00% Category Measure Number Sub. Question Answer Strategy VMT Reductions 4 Will a network expansion stragtegy be implemented? Network Expansion What is the percentage increase of transit network coverage? W hat is the existing transit mode share as a % of total daily trips? No 0.00% e E n EWhat 5 Service Frequency/Speed Will a service frequency/speed strategy be Implemented? No What is the percentage reduction in headways (increase in frequency)? ' 0.00°/ What is the existing transit mode share as a% of total daily trips? - is the level of implementation? E � 6 Transit Access Improvement Wil la transit accessimprovement strategy be implemented? Wha[is the extent of access improvements? No 000% – 7 Intercept Lot JWHI an Intercept lot strategy be implemented? No -0.00% e`e Category Measure Number Sub. Question Answer Strategy VMT Reductions 8 Will there be participaemtion in TOP? Participation in TOP -- What percentage of ployees are eligible? — No 0. WA 9 Transit Fare Subsidy Is a transit fare subsidy Strategy implemented? Yes 428% What percentageofemployees are eligible? 100% What is the amount of transit subsidy per passenger (daily equivalent)? 25% ` 10 Employee Parking Cash -Out Is an employee parking cash -out strategy being implemented? What percentage of employees are eligible? No 000% 11 Workplace Parking Pricing Is a workplace parking pricing strategy implemented? No 0.00% _ What is [he daily parking charge? What percentage of employees are subjectto pricedparking? 12 Compressed Work WeeksWhat Is a compressed work weeks strategy implemented? No _ percentage of employees are participating? What Is the workweek schedule? 13 Employer Sponsored Vanpool Is an employer sponsored shuttle program implemented? No 0.00% What is the employer size? What ercentage of employees are eligible? ' 14 Is a car ool malchin trate Carpool Matching P gs gy implemented? What ercentage ofemployees are eligble? No 0.00;5 'a ' " 'Q ' 15 carshare Program Is carshare participation being implemented? No 0.00% How many employee memberships have been purchased? What percentage of employees are eligble? = °v 16 Bikeshare Program Is participation in the bikeshare program WE -cycle being implemented? Yes - - Haw many memberships have been purchased? <100 What percentage of employees/guests are eligble? 100% " E 17 End of Tri Facilities p Is an end oftrip facilities strategy being implemented? No 0.00% What is the de gree of implementation? What is the emplo ersize? 18 Is aselr-funded emergency ride home strategy being implemented? Self-funded Emergency Ride Home What percentage of employees are eligible? No 0.00% 19 Carpool/Vanpool Priority Parking Is a carpool/vanpool priority parking strategy being Implemented? No 0.00`/ _ What is the employer size? what number of parking spots are available for the program? 20 Private Employer Shuttle Is a private employer shuttle strategy being implemented? No 0.00'.6 What is the employer slze? What percentage ofemployees are eligible? 21 Trip Reduction Marketing/Incentive Is a trip reduction marketing/Incentive program implemented? Program What percentage of employees/guests are eligible? No 0 1. 22% work trips represents a mired -used site (SF Bay Area Travel Survey). See Assumptions Tab for more detail. Instructions: Answer Yes, No, or Not Applicable to each measure under the Pedestrian, Bike and Transit sections. - input = calculation I Cateqory Sub. Measure Number Question Answer I Points ® m Does the project propose a detached sidewalk where an attached e1 sidewalk currently exists? Does the proposed sidewalk and buffer No 0 e ° 0 W meet standard minimum widths? Is the proposed effective sidewalk width greater than the standard v x v 3 'o 2 minimum width? No 0 Does the project propose a landscape buffer greater than the n a c 3 No 0 to o standard minimum width? 8uWtat., am v El y Does the project propose a detached sidewalk on an adjacent block? a ® 4 Does the proposed sidewalk and buffer meet standard minimum NoEi 0 widths? YIs the proposed effective sidewalk width on an adjacent block S greater than the standard minimum width? NA 0 Is the proposed landscape buffer on an adjacent block greater than a 4 'a iA o 6 the standard minimum width? NA 0 wlni Are slopes between back of curb and sidewalk equal to or less than `� 7 yes 0� 5%? 8 Are curbs equal to (or less than) 6 inches? Yes 0 v 0 Is new large-scale landscaping proposed that improves the pedestrian c experience? Properties within the Core do not have ample area to 9 Yes 5 M provide the level of landscaping required to receive credit in this a category. Does the project propose an improved crosswalk? This measure must 10 No = 0 get City approval before receiving credit SubfataC 5 N 11 Are existing driveways removed from the street? No 0 40 Is pedestrian and/or vehicle visibility unchanged by new structure or Wc 12 column? yes 0 c 13 Is the grade (where pedestrians cross) on cross -slope of driveway 2% > E 2 or less? Yes 0 Does the project propose enhanced pedestrian access points from ro a c uo 14 the ROW? This includes improvements to ADA ramps or creating new Yes 5 a access points which prevent pedestrians from crossing a street. Does the project propose enhanced pedestrian or bicyclist interaction 15 with vehicles at driveway areas? No 0 5�6ecrtaj G� 16 Is the project's pedestrian directness factor less than 1.5? Yes 0 Does the project propose new improvements which reduce the e17 pedestrian directness factor to less than 1Z? A site which has an E c existing pedestrian directness factor less than 1.2 cannot receive No 0 u c credit in this category. 18 _ Is the project proposing an off site improvement that results in a 0 ait pedestrian directness factor below 1.2?* No Are traffic calming features proposed that are part of an approved 19 No 0 Ian (s eed humps, rapid flash)?* = S�iGtafai tk Are additional minor improvements proposed which benefit the v v 20 pedestrian experience and have been agreed upon with City of Aspen No 0 c o "' E staff? 0 0 o Are additional major improvements proposed which benefit the B a E 21 pedestrian experience and have been agreed upon with City of Aspen No 0 staff? Category Sub. Measure Number Question Answer Points a 22 Is a new bicycle path being implemented with City approved design? No 0 29 Is a trash receptacle proposed? No - 0 30 Is transit system information (signage) proposed? No 0 iz o, c 23 Do new bike paths allow access without crossing a street or driveway? P 9 Y No 0 E Is there proposed landscaping, striping, or signage improvements to Q32 24 an existing bicycle path? — - No 0 o % c Does the project propose additional minor bicycle improvements No 0 V ® 25 which have been agreed upon with City of Aspen staff? No 0 �a u 33 Is real-time transit information proposed? No I 0 � w — Does the project propose additional major bicycle improvements 26 which have been agreed upon with City of Aspen staff? No 0 35 Stl�}Y.YS�ali r No � x v r -4btat 4 0 2 27 Is the project providing bicycle parking? No 0 a relocation of a bus stop to improve transit accessibility or roadway .Simms= Emmons= 37 operations proposed? No 0 Category Sub. Measure Number Question Answer Points 28 Is seating/bench proposed? No 0 29 Is a trash receptacle proposed? No - 0 30 Is transit system information (signage) proposed? No 0 a) 31 Is shelter/shade proposed? No 0 E Q32 ,N Is enhanced pedestrian -scale lighting proposed? No 0 CO- — - '� 33 Is real-time transit information proposed? No I 0 34 Is bicycle parking/storage proposed specifically for bus stop use? No 0 35 Are ADA improvements proposed? No 0 -4btat 4 0 ro v 36 Is a bus pull-out proposed at an existing stop? No 0 c cIs relocation of a bus stop to improve transit accessibility or roadway c £ 37 operations proposed? No 0 w Q 38 Is a new bus stop proposed (with minimum of two basic amenities)? No 0 r F % Sabta#�L r 0 9 Summary and Narrative, DATE: 11/21/2015 PROJECT NAME: 534 East Cooper Expansion PROJECT ADDRESS: 534 East Cooper Avenue APPLICANT CONTACT INFORMATION: Mr. Geoff Ross, Thor Equities, LLC, 25 West 39th Street, New York, NY 10018, (212) 529-7415 NAME, COMPANY, ADDRESS, PHONE, EMAIL SUMMARY Trip Generation Peak Hour Max Trips Generated Trip Mitigation .._._._. .......... MMLOSTDM Total Trips Mitigated NET TRIPS TO BE MITIGATED PM 13.5 10 0.17 10.17 3.34 The net trips to be mitigated is greater than 0. The project shall propose additional mitigation measures. Narrative: Click on the "Generate Narrative" Button to the right. Respond to each of the prompts in the space provided. Each response should cover the following: 1. Explain the selected measure. 2. Call out where the measure is located. 3. Demonstrate how the selected measure is appropriate to enhance the project site and reduce traffic impacts. 4. Explain the Enforcement and Financing Plan for the selected measure. 5. Explain the scheduling and implementation responsibility of the mitigation measure. 6. Attach any additional information and a site map to the narrative report. Project Description In the space below provide a description of the proposed project. The proposed development consists of an expansion of the existing Boogie's Building. The building's ground floor will be expanded to include the unenclosed area abutting the adjacent Hunter Street sidewalk. Its second floor will be expanded to include the building's existing outdoor deck and the interior areas that are currently open to the ground floor below. In the space provided desicribe what new landscaping is proposed and how the proposed landscaping plan enhances the pedestrian experience. This measure is only applicable to large scale projects and requires more extensive landscaping then a few plantings or lawn area. The project shall establish extensive landscaping which significantly benefits the site and improves the pedestrian comfort and experience. The existing Hunter Street sidewalk will be replaced with a new detached sidewalk meeting Engineering Department requirements. A new landscaped buffer will be installed between the sidewalk and curb. Describe the enhanced pedestrian access point(s). This measure is to improve pedestrian access to the site from the ROW. It includes adding additional access points which prevent pedestrians and bicyclists from crossing a street, improvements to the project's ADA ramps in the ROW, and improvements to existing access points. The existing pedestrian access point at the intersection of Cooper Avenue and Hunter Street will be replaced with bi-directional ADA ramps meeting applicable Engineering Department requirements. The adjacent fire hydrant and light pole will be relocated to accommodate the new ranps. Include any additional information that pertains to the MMLOS plan in the space provided below. As presently configured, the expanded building contains a single commercial space that occupies its basement, ground and second floors. Actual tenant requirements, however, will likely dictate changes in the configuration of the floor plans that will likely reduce the buildings net leasable area. In the event required, revised net leasable area calculations will be provided at building permit submission, and the TIA's trip generation figures adjusted accordingly. In the event additional trip mitigation is required, additional MMLOS and/or TDM measures or a cash -in -lieu payment will be proposed. TDM Explain below the transit fare subsidy strategy. The successful project will provide subsidized/discounted daily or monthly public transit passes for the RFTA valley system. These passes can be partially or wholly subsidized by the project, with additional points being provided for larger subsidies. Many entities use revenue from parking to offset the cost of such a project. All tenant leases will require that the lessee provide subsidized/discounted public transit passes for RFTA's valley transit system. The required subsidy will be a minimum of 25 percent and will be available to all employees. Provide details for the proposed bike share program participation. Bike sharing provides access to a fleet of bicycles for short trips, thus reducing SCIV travel. The successful project will provide memberships to the existing WE -cycle program. Include details on how many WE - cycle memberships will be purchased and whether these will be made available to guests, employees, or both. All tenant leases will require participation in the WE -cycle program. The cost of two (2) season pass memberships per tenant will be included in the lessee's rent. The details of the We -cycle program will be provided to all tenants for distribution to their employees. Include any additional information that pertains to the TDM plan in the space provided below. Enter Text Here MMLOS Site Plan Requirements Include the following on a site plan. Clearly call out and label each measure. Attach the site plan to the TIA submittal. Slopes Between Back of Curb and Sidewalk Landscape Plan 2% Slope at Pedestrian Driveway Crossings Enhanced Pedestrian Access Point Pedestrian Directness Factor (See callout number 9 on the MMLOS sheet for an example) Enforcement and Financing Provide an overview of the Enforcement and Financing plan for the proposed transportation mitigation measures. The MMLOS measures will be undertaken and paid for by the Applicant. The TDM measures will be incorporated in the tenants leases and paid for by the lessees. Scheduling and Implementation Responsibility of Mitigation Measures Provide an overview of the scheduling and implementation responsibility for the proposed transportation mitigation measures. All MMLOS measures will be implemented in connection with the expansion of the building, and will be depicted on the Applicant's building permit submission which is subject to Engineering Department review. It is understood that implementation of the MMLOS measures is a condition of the issuance of a Certificate of Occupancy for the expanded building. TDM measures will be implemented in connection with the execution of individual lease agreements. Monitoring and Reporting Provide a monitoring and reporting plan. Refer to page 17 in the Transportation Analysis Guidelines for a list of monitoring plan requirements. Components of a Monitoring and Reporting Plan should include (1) Assessment of compliance with guidelines, (2) Results and effectiveness of implemented measures, (3) Identification of additional strategies, and (4) Surveys and other supporting data. No monitoring or reporting is required in connection with the implementation of the proposed MMLOS measures. Tenant leases will require that an annual report be submitted by the lessee to the City's Transportation Department regarding compliance with and the level of use of the proposed TDM measures. The annual reports will be required for a period of three (3) years from the execution of the tenant's lease. mow(uslava w+aElaae! sa vc� s o� v 'DNIZ133MIDN [ SlUdOS UN3W3AOi1dINI SOI NA -8 AGIM OOV210IOO'N3dSVd0aW0 S1N3W3AONdVdI'3AV d3d000'3 K9 e t o Mg am,;gel m 33q - j5? U �� qq e $ x x r 3 E g a x s $ t m E X 2 C ee F 8 Ea) E.I c- 1 y gig,Y ° � PEtl a_o sIIW�..�•U.EF�" __._ ...,ga..__a _ rs- ,-<-- 5$cS. '_-�T�'�. 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