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Home My WebLink AboutLand Use Case.414 E Cooper Ave.0060.2016.ASLU0060.2016.ASLU 414gM'E COOPER AVE VESTED RIGHTS 2737 182 16 061 c. C ckA A-eh All 4 4 Al-e,u 6~ . R 1 l. THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0060.2016.ASLU PARCEL ID NUMBER 2737 182 16 061 PROJECT ADDRESS 414-422 E COOPER St- AV C PLANNER JENNIFER PHELAN CASE DESCRIPTION APPLICATION FOR VESTED RIGHTS REPRESENTATIVE CHRIS BENDON DATE OF FINAL ACTION 08.08.2016 CLOSED BY KARLA HENRICHON 1731 - (%2 - !4 - OG i 0 0 Go Â· 20 4. AGCM 3 Permits |: c:=c 080::"*Â£3/6 file Edit Record Navigate Fgrm Reports Format Iab Help ~ i @ 2 â€¢x â€¢ ../ 4 Ka 1 i E Â® ..3 a J- ~: 1. 4.j,y n .21 & lump 1 |.0 0; U le ~ i Â£1 e B 2 10 ./ill 33 30 8 . 4 el F JER Custom Fields Routing Status I Fee Summarl actions Routing History I ~ Permittype )|astu ~ , #Aspen Land Use ~ Permit # |0060.2016.ASLU Address |414-422 E COOPER ST | Apt/Suite| City |ASPEN State E-71 Zip |81611 Permit Information . ' f'Â· tâ€¢ Â· 1,- - - - 2.- Â·LÂ·' 1 ' 7~~ " r"-*...Â·Â·cm: 9*MI=82"*'p Master permit ~ 1 1 :'...1 -. :1 1 Routing queue ~aslu 1 5 | Applied |06/W2016 ~1 4,?~ Project I 1 Status ~pending | Approved | Description APPLICATION FOR VESTED RIGHIS FOR 414 - 422 E COOPER ST . LLC PARCEL ID 2737 182 16 -61 Closed/Anal | w | Submitted DWAYNE ROMERO 618 8880 | Clock ~ Days F~-6~ Expires ~06/12/2017 ;. ~ Submitted via | Owner , Last name |!2 EAST COOPER AVE, LLC | First name |M HUNT | 2001 N HALSTEAD ST : 304 Phone ~312) 850-1680 ~ Address CHICAGO. IL 60614 Applicant E Owner is applicant? U Contractor is applicant? U Last name |RED ONION INVESTORS 1-Â· ~ First name ~ | 418 E COOPERAVE 4% ASPEN CO 81611 Phone ~C } ~ Cust # ~14019 | | Address Email i + ~ Lender Â£ h ! Last name ~ ~ Arst irne ~ ~% Phone |1 ) - | Address 14*:At f ~ -pr[Gi,I, 1< f rr r, eiripla ]1~of 1 _Ld ck-* 1 06 2. ~4 0 ~24*Ya~ 5 2Â£.cuce V Â¢ 41 07 â‚¬ â‚¬"1711) k 97(16 0%15. ~81?N>10'noILE=211'*s DEVELOPMENT ORDER ofthe City ofAspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a 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 application submittal is accepted and deemed complete by the Chief Building Official, pursuant to Section 26.304.090, 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 full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. 414-422 East Cooper Avenue. LLC 2001 North Halsted Road #304; Chicago. IL 60614 Property Owner's Name, Mailing Address Legally described as: 420 E. Cooper. Lots N, O, P Block 89, City and Townsite of Aspen. County of Pitkin, State of Colorado. Street Address: 422 E. Cooper Ave. Legal Description and Street Address of Subject Property This development order is conditional. The applicant must pursue, in good faith. a coordinated project (subject to Historic Preservation Commission Review) with the adjacent Bidwell Building (434 E. Cooper). If this coordinated development effort is successful, the vested rights for this property will then be absorbed into the larger combined project with a new set of vested rights. lf this coordinated proiect is not successful. the established vested rights for the Red Onion Annex are extended through May 15,2017. Written Description of the Site Specific Plan and/or Attachment Describing Plan City Council Resolution No. 109, Series of 2016. Reception No. 631547,8/19/16 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) September 8. 2016 Effective Date of Development Order (Same as date of publication of notice of approval) May 15.2017; subject to the conditions described above. Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 1st day of September, 2016, by the City of Aspen Community Development Director. \~6sica Garro~m~m4~~evelopment Director 8A AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHA-PTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: 42-0 6 . C.oo pt92.-h , Aspen, CO STATE OF COLORADO ) County of Pitkin ) i lerÂ®LA +01Â·CAl Rlorto/4 (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Ladd Use Code in the following manner: v~'00' Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attacked hereto. Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation.in the City of A*gen no li@:pr than *teen (15) days after an Interpretation has been rendered. A copy of Like p~Â¥f~hon is~~edlze>*to. 014Â» U LL- 81 tore The foregoing "Affidavit of Notice" was af~owledged before me this ~day of ;~ , 20(11,3 b~ WW[a. 4t.2.4Lr'. Ckâ€žn WITNESS MY HAND AND OFFICIAL SEAL PUBLIC NOTICE My commission expires: 3~ L.95 ~ JO Of DEVELOPMENT APPROVAL 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 pursuant to the Land Use Code of the City of Aspen and Title Aw# Rui -9*c &'SHZ-- 24, Article 68, Colorado Revised Statutes, pertain- Notary Pubhc ing to the following described property: Parcel ID J #2737-182-16-061, Legally described as:, 420 E. Cooper, Lots N, 0, P, Block 89, City and Townsite 0202 5 1 Alenlq@3 Sâ€ž!dx3 UO!99!WWOO AH of Aspen, County of Pitkin, State of Colorado; Street Address: 422 E. Cooper Ave.; Commonly 29Â£2004966L# OI AhlÂ¥1ON known as the Red Onion Annex. City Council Res- 00Â¥80103 30 31V1S olution No. 109, Series of 2016 grants approval for a five-month extension of vested development ATTACHMENTS: 0118nd ABV.LON rights, to expire May 15, 2017; Reception #631547, 8/19/2016. The land use application is on file with NOSk1311Vd 0332 N3hlv>1 the City of Aspen. For further information contact , Ben Anderson at the City of Aspen Community De- 1 velopment Dept., 130 S. Galena St.. Aspen, Colo- COPY OFÂ·THE PUBLICATION rado. (970) 429-2765. City of Aspen Published in The Aspen Times on September 8, 0 2016. (12360217) RESOLUTION NO. 109 (Series of 2016) A RESOLUTION OF THE CITY OFASPEN APPROVING AN EXTENSION OF THE VESTED RIGHTS GRANTED BY HISTORIC PRESERVATION COMMISSION RESOLUTIONS NO. 26, SERIES OF 2012 (CONCEPTUAL) AND NO. 2 SERIES OF 2014 (FINAL) FOR 420/422 E. COOPER AVENUE COMMONLY KNOWN AS THE RED ONION ANNEX AND LEGALLY DESCRIBED AS 420 E. COOPER, LOTS N, O, P BLOCK 89, CITY AND TOWNSITE OF ASPEN, COLORADO. Parcel No. 2735-182-16-061 WHEREAS, The Community Development Department received an application from 414-422 East Cooper Avenue, LLC, represented by Chris Bendon, of Bendon.Adams, LLC, requesting approval of a two (2) year extension of vested rights for 420/422 E. Cooper Ave. pursuant to Historic Preservation Commission Resolutions No. 26, Series of 2012 and No. 2, Series of2014;Â·and, WHEREAS, the director of the Community Development Department issued a development order effective January 16,2014; to expire January 16,2017; and, WHEREAS, the Aspen City Council has reviewed and considered the requested two-year extension of vested rights for 420/422 E. Cooper Ave. under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at public hearing; and, WHEREAS, the City Council finds that the extension of vested rights proposal meets or exceeds all applicable land use standards and that the approval of the extension of vested rights proposal meets regulatory requirements; and, WHEREAS, the City Council finds that this Resolution fulthers and is necessary for the promotion of public health, safety and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO, THAT: Section 1: The Aspen City Council does hereby approve an extension of vested rights as approved by HPC Resolutions No. 26, Series of 2012 and No. 2. Series of 2014 for 420 E. Cooper, Lots N, O, P, Block 89, City and Townsite of Aspen, Colorado; conditioned on the following: 1. That the establishment herein of a vested property right shall not preclude the applications of regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, r - 3 RECEPTION#: 631547, 08/19/2016 at 09:26:09 AM, Resolution 109 (2016) 1 OF 3, R $21.00 Doc Code RESOLUTION Page 2 of 2 Janice K. Vos Caudill, Pitkin County, CO T electrical and mechanical codes, and all adopted impact fees The developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes and impact fees that are in effect at the time of building permit, unless an exemption therefrom is granted in writing. 2. Historic Preservation staff, with notice to the owner, are permitted to conduct site visits on the site to ensure that the designated historic resource is not becoming damaged or neglected. The applicant is responsible for maintaining the condition of the historic resource. 3. Vested rights are extended for three (3) years if the following conditions are met: â€¢ Applicant submits to Historic Preservation Commission a project for review that coordinates the back of house functions (trash, stairways, elevators, circulation, mechanical, etc.) between the Red Onion Annex (422 E. Cooper) and the Bidwell Building (434 E. Cooper). Vertical circulation for the coordinated project may be considered for relocation to the Red Onion Annex as part of the HPC review; and, â€¢ HPC approval of the project includes the following conditions regarding the 1 Red Onion Annex: a) The removal of the free market residential unit from the vested development rights. The project will become 100% commercial. b) The removal from the vested development rights of allowance for the third story. The resulting building wil] be no more than 2 stories and have a maximum height of 28 feet - excepting the accommodation of vertical circulation elements for the coordinated project. c) Housing mitigation will be required and will be recalculated at 60% of new net leasable square footage, utilizing affordable housing credits. d) The approved HPC project will return to City Council for call up. 4. If the conditions set forth in paragraph 3, above, are not met, the existing vested rights , (established with Development Order effective January 16,2014) for the Red Onion Annex shall be extended through May 15, 2017. Section 2: 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 City Council are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set for the herein, unless amended by an authorized entity. Section 3: The 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. Resolution 109 (2016) Page 2 of 2 Section 4: If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and shall not affect the validity of the remaining portions thereof., Section 5: A duly noticed public hearing on the Resolution was held on the 8th day of August, 2016 at.5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado. FINALLY, adopted, passed and approved by a four to zero (4-0) vote on this 8th day of August, 2016. Approved as to form: A roved as to content:j ~ 1 Â«\ l QC.-FA'-1_ 7~4- -Â»1~ z *Wes R. True, City Attorney SteveÂ®kadrin, NGAr \1 Awst: Linda Manning, City Cierk Resolution 109 (2016) Page 2 of 2 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: Ar,0 42Â° M n E: Coors 4.re- 3[k U u,4kAspen, co SCHEDULED PUBLIC HEARING DATE: ,20 STATE OF COLORADO ) ) SS. County of Pitkin ) I, Avwl$41 92 *A--4-> (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: 4- Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the day of , 20 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they t. ' appeared no more than sixty (60) days prior to the date of the public hearing. A ~~ copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) T Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled.for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text o f this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. ..44-1 1-0.-0 Signatlfre The foregoing "Affidavit of Notice" was acknowledged before me this Zf day of -~'~ , 2016 by ArvÂ»Te-6, Scc,J-â‚¬:1 NOTICE OF PUBUC HEARING RE: 420/422 E. Cooper Ave. - The Fled Onion WITNESS MY HAND AND OFFICIAL SEAL Annex Public Hearing: August 8.2016,5Â·00 PM Meeting Location: City Hall, Council Chambers 130 S. Galena St., Aspen, CO 81611 My commission expires: Oil E 0 0 Project Location: 420/422 E. Cooper (known as the Red Onion Annex) Legal Description: PID #2737-182 16-061, legal- ly described as: 420 E. COOPER AVENUE, LOTS N, O, AND P, BLOCK 89, CITY AND TOWNSITE OF ASPEN <#4 Fu,4 --*34Â» Description: The applicant is requesting a two- Notary Public year extension of vested rights established by a Development Order issued January 9.2014 with conceptual and final approvals granted by HPC in 0.--- Resolutions No. 26, Series of 2012 and No. 2, Se- nes of 2014. The vested rights expire January 16, 2017. ~ KAREN REED PATTEKERil Land Use Reviews Reg: Extension of Vested Rights NOTARY PUBLIC Decision Making Body: City Council Applicant: 414 - 422 East Cooper Avenue, LLC, TTACHMENTS AS APPLICABLEI STATE OF COLORADO represented by Bendon Adams, LLC. etemr#$02 ppires February 15,2076 More Information: For further information related UBLICATION 1 NOTARY ID #19964002767 f to the project, contact Ben Anderson at the City of Aspen Community Development Department, 130 S. Galena St. Aspen, CO, (970) 429.2765, OF THE POSTED NOTICE (SIGN) Ben.Anderson@cityofaspen.com, Published in the Aspen Times on July 21, 2016. Â¥NERS AND GOVERNMENTAL AGENCIES NOTICED (12252830) â€¢ APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. Â§24-65.5-103.3 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 420/422 East Cooper Avenue , Aspen, CODE f.. SCHEDULED PUBLIC HEARING DATE: kD August 8 , 20 16 JUL 2 9 2016 STATE OF COLORADO ) COMMIRITY,ni 7 th N ) SS. .'6 7'CLU'#'1*211, ,â€¢71-~V i County of Pitkin ) i, Sara Adams (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official Paper or paper of general circulation in the City of Aspen at least fifteen (15) days priorto the public hearing. A copy of the publication is attached hereto. 4 Posting of notice: By posting of notice, which form was obtained from the Community Development Department which was made of suitable, waterproof Materials, which was not less than twenty two (22) inches wide and twenty-six (26) Inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the 22nd day of July , 2016 , to and including the date and time ofthe public hearing. A photograph Of the posted notice (sign) is attached hereto: Mailing of notice. By mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E) (2) of The Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S mail to all owners of property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no morethan sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (Continued on next page) March, 2016 City of Aoen I 130 S. Galena St. I (970) 920 5050 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Mineral Estate Owner Notice. By the cedified mailing of notice, return receipt requested, To affected mineral estate owners by at least thirty (30) days prior to the date scheduled forthe initial public hearing on the application of development. the names and addresses of mineral estate owners shall be those on the current tax tax records of Pitkin County. At a minimum, Subdivision, Spas or PUDs that create more than one lot, new Planned Unit Development, and new Specially Planned Areas, are subject tothis notices requirement. Rezoning or text amendment. Wheneverthe official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, to whenever the text of this Title isto be amended, whether such revision be made by repeal of this Title and enactment of new land use regulation, orotherwise, the requirement of an accurate survey map or other significant legal description of, and the notice to and listing of names and addresses of owners of real estate property in the ears of the proposed change shall be waived. However, the proposed zoning during all business hours for fifteen (15) days prior tothe public hearing on such amendments. *A, 6*U Signature The foregoing "Affidavit Notice" was acknowledged before me this '~/~ day of 44 , 20_~.,by Sar-0 Adom/<b - WITNESS MY HAND AND OFFICIAL SEAL TARAL. NELSON | NOTARY PUBLIC : My commission expires: 0 4 ~135- ~12> Fh | STATE OF COLORADO | NOTARY ID 20014030017 ~ MY COMMISSION EXPIRES_09/252~Jj ~fL 2. Ale l>vyj Notary Public ATTACHMENTS AS APPLICABLE: â€¢ COPY OF THE PUBLICATION â€¢ PHOTOGRAPH OF THE POSTED NOTICES (SIGN) â€¢ LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL â€¢ APPLICANT CERTIFICATION OF MINERAL ESTATE OWNERS NOTICED AS REQIURES BY C. R.S Â§24-65.5-103.3 March, 2016 City of Aoen I 130 S. Galena St. I (970) 920 5050 -31 / #+d45 F/49 Â·I ., j- - r Â· I 2 - r -*- .- . - LIU 4 . .. PUBLIC NOTICE' : : F . 7 Date: August 8, g016 . - .4 E .. 4. , 1 - Tirrie:_9.00 PM_-_-- 1 .. .r.0.Â»,4...Â· ..: Â·~~- - 19 -- place: 139 S 9*fla, Councf - ~ i... '.. ~ --33 ,~. -.-i Charnbers________ -* -- ! I 1 Purpose: lk'. 1.4),4. ......>.5 .- .......6- I . r 420/422 Egooper (The Red Onion Â« Â·Â·Â· - "6 Annex) seeks a 2-ygar extension of IL-4, A_. ... . I. '... . . 3,1 . , . . vested rights established_by HPC 1 k ,.21.-L ... . .. - Resolutions Na_26Â£ Series_of 2012 . ; rÂ· 1 ir . , and No. 2, Seriesof 2014, The _.___ piâ€¢- .'412,4 - ~ current vested rights expire * 1/162017. City Council will.reve,Â¢ this request. I 2Lk . -- ki.ttel)21,3022;t-~p4;t- 1= /JÂ·:~:::. p.: =.-7 --f - --~ .?~-;.- i ..--~ $ A. . ' ' 0'!r h I. â‚¬ ....43 .F . ..U. 1 0 . 0 .6 -- ./le-4. - â‚¬ ....11,1 . B 2 4. f ru .., Â·-3 4 0/ - - Â· f k I I / . I ."f., h*: Â· 1, :N ~.. +,3 1/ 'Â¢~2'9.=- d - 41...1 - u * -- -1- *311'll d -- ...91&"0",d..j'r i_-1*. .-- .; Â· Â·Â·Â·*10 1~9 ' ' Â·~ 1'4. P ~4 1~ 1 F /- 11,- PUEL,C. , e AL-4-1 -1- 31==t - 1-=i- 24 211Â·., f .qi'/r .0 i.. .4>Al> /, .. NOTICE OF PUBLIC HEARING 420/422 East Cooper - Red Onion Annex Project Location: 420/422 E. Cooper (known as the Red THE CITY OF ASPEN] Onion Annex) 130 S. Galena Street, Decision Making Body: City Council Aspen, CO 81611 Hearing Date: August 8, 2016, 5:00 p.m. p: (970) 920.5000 Hearing Location: City Hall, City Council Chambers: 130 S. Â£ (970) 920.5197 Galena St: Aspen. CO 81611 wmy.aspenpitkin.com Project Description: The applicant is requesting a two-year extension of vested rights established by a Development Order issued January 9, 2014, with Conceptual and Final approvals granted by HPC Resolutions No, 26, Series 2012 and No 2, Series 2014 The vested rights expire January 16,2017. Legal Description: Lots N, O, P Block 89, City and Townsite of Aspen, Parcel ID: 2737-182-16461 Applicant: 414-422 East Cooper Avenue, LLC, 2001 N. Halsted St., Suite 304, Chicago, IL 60614. Represented by BendonAdams, More Information: For further information related to the project. contact Ben Anderson at Ihe City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2765, Den.anderson@cityofaspen.com 4& i Pitkin County Mailing List of 300 Feet Radius From Parcel: 273718216301 on 07/13/2016 ATE (80 UPH Jol )*THIN CtÂ·r. 29 2016 Cok,9: A UF e *, ' WiTy nrry,PEN 0.- cLOPMENT ' Coiuiv Tr< Instructions: This document contains a Mailing List formatted to be printed on Avery 5160 Labels. If printing, DO NOT "fit to page" or "shrink oversized pages." This will manipulate the margins such that they no longer line up on the labels sheet. Print actual size. Disclaimer: Pitkin County GIS presents the information and data on this web site as a service to the public. Every effort has been made to ensure that the information and data contained in this electronic system is accurate, but the accuracy may change. Mineral estate ownership is not included in this mailing list. Pitkin County does not maintain a database of mineral estate owners. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content at this site or at other sites to which we link. Assessing accuracy and reliability of information and data is the sole responsibility of the user. The user understands he or she is solely responsible and liable for use, modification, or distribution of any information or data obtained on this web site. http:Uwww. pitkinmapsandmore.com BARNETT FYRWALD HOLDINGS INC 305-7 MILL STREET LLC 434 EAST COOPER AVENUE LLC 2222 COTTONDALE LN #200 2001 NORTH HALSTED #304 2001 N HALSTED STE 304 LITTLE ROCK, AR 722022017 CHICAGO, IL 60614 CHICAGO, IL 60614 GALENA COOPER LLC THOR 534 EAST COOPER AVENUE LLC CARLSON BRUCE E TRUST 401 S HUNTER ST #3 2111 WILSON BLVD #300 PO BOX 3587 ASPEN, CO 81611 ARLINGTON, VA 22201 ASPEN, CO 81612 520 EAST COOPER PTNRS LLC JENNE LLP FITZGERALD FAMILY PARTNERSHIP LTD 402 MIDLAND PARK 1510 WINDSOR RD 520 E COOPER AVE ASPEN, CO 81611 AUSTIN, TX 77402 ASPEN, CO 81611 TOMKINS FAMILY TRUST LCT LP P & L PROPERTIES LLC 520 E COOPER AVE #209 PO BOX 101444 101 S 3RD ST #360 ASPEN, CO 81611 NASHVILLE, TN 37224-1444 GRAND JUNCTION, CO 81501 MORRIS ROBERT P WOODS FAMILY LP MARCUS DURANT GALENA LLC 600 E HOPKINS AVE STE 304 PO BOX 11468 PO BOX 1709 ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81612 450 S GALENA ST INVESTORS LLC CM LLC 4 SKIERS LP 450 S GALENA ST #202 230 S MILL ST 1108 NORFLEET DR ASPEN, CO 81611 ASPEN, CO 81611 NASHVILLE, TN 372201412 WAVO PROPERTIES LP 426 EAST HYMAN AVE LLC ASPEN GOLDEN HORN LLC 512 1/2 E GRAND AVE #200 PO BOX 4068 9420 WILSHIRE BLVD 4TH FL DES MOINES, IA 50309-1942 ASPEN, CO 81612 BEVERLY HILLS, CA 90212 COX JAMES E LIVING TRUST WF SWEARINGEN LLC 413 EAST HYMAN AVENUE LLC 1260 41 ST AVE #O 450 CONWAY MANOR DR NW 2001 NORTH HALSTED #304 CAPITOLA, CA 95010 ATLANTA, GA 30327 CHICAGO, IL 60614 411 EAST HYMAN AVENUE LLC 410 AH LLC MEYER BUSINESS BUILDINGLLC 2001 N HALSTED #304 PO BOX 4068 23655 TWO RIVERS RD CHICAGO, IL 60614 ASPEN, CO 81612 BASALT, CO 81621 CITY OF ASPEN BPOE ASPEN LODGE #224 SEVEN CONTINENTS LLC 130 S GALENA ST 210 S GALENA ST #31 625 E HYMAN #201 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 TENNESSEE THREE GONE WEST LLC 407 HYMAN LLC PO BOX 101444 401 WCENTER 416 MOORE DR NASHVILLE, TN 37224-1444 SEARCY, AR 721451406 ASPEN, CO 81611 ASPEN GROVE ASSOCIATES LLP DCGB LLC WENDELIN ASSOC 51027 HWY 6 &24 #100 610 WEST 52 ST 1173 PITTSFORD VICTOR RD #250 GLENWOOD SPRINGS, CO 81601 NEW YORK, NY 10019 PITTSFORD, NY 14534 FOOTLOOSE MOCCASIN MAKERS INC 400 EAST HYMAN LLC MTN ENTERPRISES 80B 44 SILVERADO CT 400 E HYMAN AVE # A202 PO BOX 5739 CANON CITY, CO 812129484 ASPEN, CO 81611 EAGLE, CO 816315739 DOLE MARGARET M KANTZER TAYLOR M FAM TRST #1 400 HYMAN LLC 400 E HYMAN AVE #302 216 SEVENTEENTH ST 6829 QUEENFERRY CIR ASPEN, CO 816111989 MANHATTAN BEACH, CA 90266 BOCA RATON, FL 33496 400 HYMAN LLC VALLEY INVESTMENTS LLC MCDONALDS CORPORATION 05/152 PO BOX 351 602 E COOPER #202 142 TANAGER DR RIFLE, CO 816500351 ASPEN, CO 81611 GLENWOOD SPRINGS, CO 81601 GORSUCH COOPER LLC HUDSON KAREN DAY PEYTON MARI 263 E GORE CREEK DR 409 E COOPER AVE 409 E COOPER #4 VAIL, CO 81657 ASPEN, CO 81611 ASPEN, CO 81611 FORD ANN MICHIE FORD MICHIE COASTAL MTN PROPERTIES LLC 216 WAPITI WY 216 WAPITI WY 2519 N MCMULLEN BOOTH RD #510-307 BASALT, CO 81621 BASALT, CO 81621 CLEARWATER, FL 33761 DEXTERASPEN LLC KRISTAL ASPEN LLC HAMMER DRU 1417 W 10TH ST 1417 WEST 10TH ST 25 HIGHLAND PARKVILLAGE#100317 AUSTIN, TX 78703 AUSTIN, TX 787034816 DALLAS, TX 75205 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, SAN ANTONIO SAGE STONE PROPERTIES LI SAGE STONE PROPERTIES LLC AGRUSA LISA ANN 12727 CRANES MILL 12727 CRANES MILL 4761 W BAY BLVD #1704 SAN ANTONIO, TX 78230 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 25 HIGHLAND PARK VILLAGE STE 100317 4720 WAILAPA RD 4720 WAILAPA RD DALLAS, TX 75025 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 WHEELER SQUARE - CASPER FAMILY LLC KAUFMAN GIDEON I 602 E COOPER AVE #202 315 E HYMAN 315 E HYMAN AVE STE 305 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 KAUFMAN GIDEON I DURANT GALENA CONDOS ASPENHOF CONDO ASSOC 315 E HYMAN AVE #305 COMMON AREA 520 E COOPER AVE ASPEN, CO 81611 500 E DURANT AVE ASPEN, CO 81611 ASPEN, CO 81611 BPOE CONDO ASSOC DUVIKE CONDO ASSOC GOLDEN HORN BUILDING CONDO ASSOC 210 S GALENA ST #31 COMMON AREA COMMON AREA ASPEN, CO 81611 420 E HYMAN AVE 400 E COOPER AVE ASPEN, CO 81611 ASPEN, CO 81611 PARK PLACE CONDO ASSOC INDEPENDENCE BUILDING CONDO ASSOC ROARING FORK CONDOS ASSOC COMMON AREA COMMON AREA COMMON AREA 408 S MILL ST 1104 DALE AVE 415 E HYMAN AVE ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 PARAGON BUILDING CONDO ASSOC FIERCELY LOCAL ASPEN CORE VENTURES LLC COMMON AREA 328 E HYMAN AVE 401 S HUNTER ST #3 419 E HYMAN AVE ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 COOPER STREET DEVELOPMENT LLC MACKLOWE WILLIAM & JULIE COOPER STREET CONDO ASSOC 401 S HUNTER ST #3 126 E 56TH ST COMMON AREA ASPEN, CO 81611 NEWYORK, NY 10022 508 E COOPER AVE ASPEN, CO 81611 ASPENHOF CONDO ASSOC WOLF LAWRENCE G TRUSTEE G & K LAND CO LLC 600 E HOPKINS AVE #203 22750 WOODWARD AVE #204 0167 WILLOW LN ASPEN, CO 81611 FERNDALE, MI 48220 CARBONDALE, CO 81623 RUTLEDGE REYNIE F & M VENTURES LLC 415 EAST HYMAN AVE LLC 51 COUNTRY CLUB CIR 415 E HYMAN AVE PO BOX 4068 SEARCY, AR 72143 ASPEN, CO 81611 ASPEN, CO 81612 COTTONWOOD VENTURES I LLC 419 EAST HYMAN AVENUE LLC PARAGON PENTHOUSE LLC 419 E HYMAN AVE 2001 NORTH HALSTED # 304 9950 SANTA MONICA BLVD ASPEN, CO 81611 CHICAGO, IL 60614 BEVERLY HILLS, CA 90212 COTTONWOOD VENTURES 11 LLC 419 AHLLC GUIDOS SWISS INN LLC 419 E HYMAN AVE PO BOX 4068 23655 TWO RIVERS RD ASPEN, CO 81611 ASPEN, CO 81612 BASALT,CO 81621 COTTONWOOD VENTURES 11 LLC NORTON LLC LINDNER PROPERTIES LLC 300 CRESCENT CT #850 2424 N FEDERAL HWY #210 17017 SE 26TH ST DALLAS, TX 75201 BOCA RATON, FL 33431 BELLEVUE, WA 98008 WHEELER BLOCK BUILDING LLC WHEELER SQUARE CONDO ASSOC ASPEN COMMERCIAL CONDO ASSOC 211 N STADIUM BLVD STE 201 315 E HYMAN AVE 307 S MILL ST COLUMBIA, MO 65203 ASPEN, CO 81611 ASPEN, CO 81611 TENNESSEE THREE RENTALS TOM THUMB BUILDING CONDO ASSOC SILVER SLAM COMMERCIAL LLC 5033 OLD HICKORY BLVD 400 E HYMAN AVE 60 COLUMBUS CIR NASHVILLE, TN 37218-4020 ASPEN, CO 81611 NEW YORK, NY 10023 MEMORANDUM To: Mayor Skadron and Aspen City Council Thru: Jessica Garrow, Community Development Director From: Ben Anderson, Planner RE: 420/422 E. Cooper Ave. (Red Onion Annex), Extension of Vested Rights Resolution No. 109, Series 2016 - Public Hearing Meeting Date: August 8,2016 APPLICANT/OWNER: STAFF RECOMMENDATION: 414-422 East Cooper Avenue, LLC Denial of Vested Rights Extension REPRESENTATIVE: SUMMARY: Chris Bendon, Bendon-Adams, LLC The vested rights for this property include a free- market residential unit on the 2nd and 31-d floors of LOCATION: a mixed-use building. This use (both the free 420/422 E. Cooper Ave. market residential and a non-lodge 3rd story) has Legal Description: been prohibited by the Land Use Code since 420 E. Cooper, Lots N,O,P Block 89, February of 2013. The applicant purchased the City and Townsite of Aspen, Colorado. property with these development rights in place (also known as the Red Onion Annex) and would like additional time to consider alternative uses for the property. CURRENT ZONING AND APPROVED USE: ~~-~ *21~303 Commercial Core (CC); Current site- -IA I91* 4 specific approvals allow for demolition of ; existing one-story building (preserving the existing faGade) and the construction of a 3-story mixed-use building with .W.0 *re Â·14.+ 4 0- 2 4 Â·' . commercial use on the ground floor and a 1/Â£416/.alt: - 1-1 free-market residential unit on the 2nd and Â· ~ 3r~ floors. Approvals were granted by HPC in 2012 (Conceptual) and 2014 (Final). Vested Rights expire January 16, 2017. -- 4 'F.... PROPOSED LAND USE: . 2 - . Applicant is requesting a two-year e : -*. I ..4. 1 - extension of vested development rights. Figure 1: The Red Onion Annex LAND USE REOUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approval: â€¢ Extension of Vested Rights: to extend the vested rights of the approved mixed-use project, pursuant to Land Use Code Section 26.308.010 C., Extension or Reinstatement of Vested Rights. (City Council is the final review authority who may approve or deny the proposal). PROJECT SUMMARY: A Development Order for 420 E. Cooper was issued to the previous owner ofthe property effective January 16, 2014. This development order initiated vested rights described in site-specific approvals granted by the Historic Preservation Commission in Resolution #26, Series of 2012 (Conceptual) and Resolution #2, Series of 2014 (Final). The vested rights established by this development order expire January 16, 2017. The applicant, 414-422 East Cooper Avenue, LLC subsequently purchased the property and retains the vested development rights. As approved, the project describes the preservation ofthe existing front fa~ade and the demolition of the remaining single-story building known as the Red Onion Annex. The approved redevelopment of the property allows for a mixed-use building retaining commercial use on the ground level and a new, free-market residential unit on the second and third floors. The HPC Resolutions allow for a maximum height o f 38 feet In the applicant' s narrative, the request for an extension of vested rights would allow time for a consideration of amending the approvals of this project to potentially "remove the residential unit and develop more commercial space in concert with the adjacent property, the Bidwell Building." The narrative discusses the current prohibition of submittals for amendments to approvals due to the land use moratorium as a primary reason for requesting the extension. Additionally, the applicant notes the difficulty of construction access to this property - that would be alleviated if coordinated with the adjacent Bidwell building and the benefit of potentially coordinating construction with proposed utility improvements to the Cooper Street Mall. t-/ANTED METAL WINDOW & i~EVAJORBEYOND 15[E PLAN) /Il-/ DOORSYSIM ~ TOR~F ._. GHT~~.0 ~35-~ i ~14Â·r 1Â· / 9 EL- 136Â·-â€¢Â· IS,ING RED ONION r/ ..r-OPEN PAJNTED) STE' FEXDTING RED ONION 1/ / R 41,46 r.6 TO PARAPET / OFFICES HEIGHT ~9blith.Y'A-,Arrf 1 7Al,81../bAI,AL#AL ,-PAINTED STE, ACCe,15 & WINCOWSYSTEM CTIMATE 7 EL- 128 Â·Â·Cy .C-- --1.--7/ *PROPOSED /tw ./_REDEvaoli.â€¢â‚¬/ li /#51~4/13-1/,13Â«403r 9Â· F F EL- 124%0' ji , | .6- J.millilrizi.ri~i42ilil RiD CNION .....=====-- 1-V//#W 7 UEL-113'4 1!1931.--- -- '- ,=5 - AP*OPOSED NEW ../ 1 A Ll REDEvELIP,â€¢E/ Ill/lfli-.* ~ i F F EL- 1004Â· 4 1 '--EXISTING 14:STOR, C FAC,~E TO BE ~'\ PRESERVE MD RESTOWED \Â»AINTEDSTEELTRIM 9/INTED STEEL & ROSIO GLASS WALL *R Figure 2. The proposed project in context. (POSS Architects) From 2012 Conceptual application ///--72 Figure 3. Rendering of the project from perspective at Casa Tua. (POSS Architects) From 2012 Conceptual Approval application The redevelopment project as approved creates 1148 sq. ft. of commercial floor area (957 sq. ft. of net leasable). This square footage is entirely on the ground floor. The free market residential unit on the second and third floors creates 3104 sq. ft. of residential floor area (2276 sq. ft. of net livable). These figures were provided by the applicant for previous approvals and would be verified by a zoning official at the time of building permit. 1 1. 1 1,1----/ 218*7.3 Ground Floor (Commercial) - rt- 11 5 1 --- .12.L 1 i 1 9 Â·i ,~il' Jill... i -i 1 ' 1* I 1 3d i -1 1. 11 1 114/1 , Second Floor 11 F--li H- - - - â‚¬ (Free-Market Residential) 01 b .in - -- --.I--------- Ill-----#;M4Â£..F'.'....+Ar - --- -iD :.4-1.- 11-1 1 ' 1 r -44. 11 - 11 11 1 11 lit.l'11 113 1 LU -1 1111 |t Third Floor -F=*=311 1 (Free-Market Residential) ..: R -1 0 1 i i ---~-- Figure 4. Floor Plan. (POSS Architects) From 2012 Conceptual Approval application Cooper Avenue Mall 1 9 STAFF COMMENTS: The two most notable aspects of the project approved by LIPC in 2012 and 2014 are the inclusion of the free-market residential unit and the allowed 38 ft. height to accommodate a 3rd story. These development rights have since been prohibited by the Land Use Code and are no longer allowed in the Commercial Core (CC) Historic District; effective February 12, 2013 (Ordinance No. 25, Series of 2012). The previous owner submitted the original application for HPC conceptual approval approximately three months before the first reading (November 12, 2012) of the ordinance banning free-market residential units in downtown. While staff understands the limitations that the current Land Use Moratorium places on the amendment of development rights, and could perhaps be supportive of potential alternative outcomes that the applicant is considering, staff cannot make findings in support of the extension of vested rights. Exhibit A provides a more detailed analysis of City Council's review criteria in considering an extension of vested rights. Most important in this case however is 26.308.010[C][1][d]: "The needs ofthe City and the applicant that would be served by the approval of the extension or reinstatement request." Staffs position is that the interests of the City are not benefitted from the perpetuation of development rights for a use and dimensions that have not been allowed by the Land Use Code for more than three (3) years. RECOMMENDATION: Staff recommends denial of the request for extension of vested rights. If City Council supports the extension of vested rights, staff recommends the inclusion of the following conditions: 1. That the establishment herein of a vested property right shall not preclude the applications of regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes, and all adopted impact fees The developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes and impact fees that are in eftect at the time of building permit, unless an exemption therefrom is granted in writing. 2. Historic Preservation staff, with notice to the owner. are permitted to conduct site visits on the site to ensure that the designated historic resource is not becoming damaged or neglected. The applicant is responsible for maintaining the condition of the historic resource. RECOMMENDED MOTION: (All motions are proposed in the affirmative) "I move to approve Resolution No. 109, Series of 2016, approving a two-year extension of vested property rights for 420/422 E. Cooper Ave., known as the Red Onion Annex, subject to conditions, originally approved by LIPC Resolutions No. 26, Series of 2012 and No. 2, Series of 2014." CITY MANAGER COMMENTS: EXHIBITS A - Review criteria and staff findings B - Application for Extension of Vested Rights, Dated June 16, 2016 C - Original HPC Resolutions - Conceptual and Final EXHIBIT A 420/422 E. Cooper Ave. Citv Council Review Criteria and Staff Comments 26.308.010[C] - Extension or reinstatement of vested rights. The City Council may, by resolution at a public hearing noticed by publication, mailing and posting (See Subparagraphs 26.304.060[E][3][a] [b] and [c]) approve an extension or reinstatement of expired vested rights or a revoked development order in accordance with this Section. 1. In reviewing a request for the extension or reinstatement of vested rights the City Council shall consider, but not be limited to, the following criteria: a) The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement; Staff Comment: This criteria is traditionally met by the specific steps necessary in pursuit of a building permit. To this point, neither the previous nor current owner has taken next steps toward developing the property to the site specific design approved by HPC. Staff finds this criterion is not applicable. b) The progress made in pursuing the project to date including the effort to obtain any other permits, including a building permit and the expenditures made by the applicant in pursuing the project; Staff Comment: Beyond the substantial investment of purchasing the property with the established development rights, the narrative suggests that the applicant have not yet pursued more detailed construction or engineering drawings toward a building permit. Staff finds this criterion not met. c) The nature and extent of any benefits already received by the City as a result of the project approval such as impact fees or land dedications; Staff Comment: Staff has no evidence of any benefit yet received by the City related to the project. Staff finds this criterion not met. d) The needs of the City and the applicant that would be served by the approval of the extension or reinstatement request. Staff Comment: This is the criterion on which the applicant is making an argument for the vested rights extension. To summarize the applicant's narrative, the potential benefits to the city for granting the extension are: 1. The applicant is considering eliminating the residential use in the project and expanding the commercial use, but cannot do so under the current moratorium, and would like time to consider this possibility. 2. The applicant would like to have more time to consider the coordination of development of this property with the adjacent Bidwell Building. 3. The applicant believes that having the extension may allow for the coordination with development of the Bidwell Building and any proposed utility improvements in the Cooper Street Mall - reducing the total impact of construction in this important area. EXHIBIT A 420/422 E. Cooper Ave. While staff could potentially be supportive of any of these outcomes, at this point, they remain speculative. It is certain however, that the vested development rights on this property are in conflict with important use and dimensional prohibitions in the current Land Use Code. Additionally, these use and dimensional issues are at the heart of the Land Use Moratorium. Staff finds that an extension of vested rights in this case would perpetuate development rights that are not compliant with the existing code and will possibly not be compliant with any code amendments that result from the moratorium process. Staff finds this Criterion is not met. Note, the four criteria above are required for review, but City Council is not limited by these criteria in making a determination regarding the extension. 2. An extension or reinstatement may be in the form of a written agreement duly authorized and executed by the applicant and the City. Reasonable conditions may be imposed by the City Council including, but not limited tO, compliance with any amendments to this Title adopted subsequent to the effective date of the development order and associated vested rights. Staff Comment: Staff is recommending two conditions if City Council decides to approve the extension of vested rights. These are standard recommendations for vested rights extensions that acknowledge the applicability of other city land use regulations and codes including building codes, and the requirement of the applicant to preserve and protect the historic resource and to provide access to staff to monitor the historic resource. Romero Management, LLC June 6, 2016 Ms. Jessica Garrow, AICP RECEIVED Community Development Director "U City of Aspen (41240,16*16 V 130 So. Galena St. Aspen, Colorado 81611 ,/h-16>u 'e4204% RE: Red Onion Extension of Vested Rights Ms. Garrow: Please acceptthis request to extend the period of statutory vested rights forthe Red Onion Annex Project. The Project received land use approvals to redevelop as a mixed-use building - commercial uses on the ground floor and a residential unit on the second and third floors. The property is located at 420 East Cooper Avenue and is owned by 414 - 422 East Cooper Avenue, LLC, a Colorado limited liability company. Mark Hunt is the Manager. Mr. Hunt purchased the property with the current set of approvals in place. We need to decide the direction of this property soon as the vested rights are set to expire January 2017. In order to submit a complete building permit within the period of vested rights we must initiate construction drawings now. A significant amount of time and resources are needed to prepare a complete set of construction drawings for permit. We are potentially interested in amending the approvals to remove the residential unit and develop more commercial space, possibly in concert with the adjacent property - the Bidwell Building. We are prohibited from submitting amendmentsto the approvals due to the land use moratorium. We have been following the progress of the moratorium and would like to be in a position to pursue amendments if the revised regulations are suitable. Provided the current timeline for code changes, time needed to fully understand the revised regulations, and time needed to prepare, submit and receive approvals for project revisions, we are requesting the vested rights be extended for a two-year period to January 16, 2019. We feel this is the minimum amount of time needed in order to put aside our current plans to proceed into construction. We feel there are some advantages to the City in approving this request. Free-Market residential use above commercial space has been identified by the City of Aspen as an undesirable mix. The City has stated a "chilling effect" these residences can have on ground floor commercial. Extending our construction deadline will enable us to explore other scenarios forthe property and potentially avoid this chilling effect. Additional time may allow us to coordinate design and construction with the adjacent Bidwell Building. Redevelopment of the Annex building as a discrete, stand-alone project will be inordinately complex with very limited site access. If the Annex project is then followed by the Bidwell project as a second stand- Red Onion Annex Extension of Vested Rights alone project the impacts on the mall will be unnecessarily increased. Deadline flexibility could enable better utilization of both properties and could provide some construction simplicity. Lastly, extending the deadline could enable better coordination with the City on mall reconstruction activities. City staff has expressed a desire to align building construction with mall/utility work. The mall work is in its very early stages, not ready for the 2017 construction season. Attached, please find the project approvals and relevant documents required for a complete application. I look forward to discussing this request with you and the City Council. Please contact me with any questions or concerns. Regards, Dwayne Romero Romero Management, LLC 1340 Mtn. View Dr. Aspen, CO 81611 dwavneromer065@gmail.com 970.618.8880 Attachments: A. Development Order - B. HPC Reso 26-2012 (Conceptual) C. HPC Reso 2-2014 (Final) with attached drawings D. Pre-Application conference summary E. Land Use Application and Dimensional Requirements Form F. Response to Review Criteria G. Vicinity Map H. Authorization to represent 1. Disclosure of ownership J. Agreement to pay form K. HOA compliance form L. List of owners within 300 ft. 414 - 422 East Cooper Avenue, LLC 2001 North Halsted Road #304 Chicago, IL 60614 July 5, 2016 Ms. Jessica Garrow, AICP Community Development Director City of Aspen 130 So. Galena St. Aspen, Colorado 81611 RE: Red Onion Extension of Vested Rights Ms. Garrow: Please accept this letter authorizing BendonAdams, LLC to represent our ownership interests in the Red Onion property and act on our behalf on matters regarding the property. If there are any questions about the foregoing or if I can assist, please do not hesitate to call. Property: Lots N, O, P, Block 89, City and Townsite of Aspen. Owner: 414-422 East CooperAvenue,LLC, a Colorado limited liability company; Kind Rklrds, Mark Hunt, Manager 414 - 422 East Cooper Avenue, LLC 2001 North Halsted Road #304 Chicago, IL 60614 (312) 850-1680 RECEPTION#: =Â°3975, 11/15/2012 at Exhibit B 10:21:44 AM, 1 OF 4, R $26.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) GRANTING MAJOR DEVELOPMENT (CONCEPTUAL), COMMERCIAL DESIGN STANDARD REVIEW (CONCEPTUAL), DEMOLITION, AND VIEWPLANE FOR THE PROPERTY LOCATED AT 422 EAST COOPER AVENUE RED ONION CONDOS, UNIT 1, LOTS N, O, P, BLOCK 89, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION # 26, SERIES OF 2012 PARCEL ID: 2737-182-16-061. WHEREAS, the applicant, Red Onion Investors, LLC, represented by Stan Clauson Associates, Inc., has requested Major Development (Conceptual), Conceptual Commercial Design Standard Review, Demolition, and Viewplane Reviews the property located at 422 East Cooper Avenue, Red Onion Condos, Unit 1, Lots N, O, P, Block 89, City and Townsite of Aspen, Colorado; and WHEREAS, 422 East Cooper Avenue is located within the Commercial Core Historic District and is located on a designated historic parcel; and WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or district until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review;" and WHEREAS, for Conceptual Major Development Review, the I IPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.D.3.b.2 and 3 of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, for Conceptual Commercial Design Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen Commercial, Lodging and Historic District Design Objectives and Guidelines per Section 26.412.040.A.2, Commercial Design Standards Review Procedure,of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, in order to authorize a Demolition, according to Section 26.415.080, Demolition of designated historic properties, it must be demonstrated that the application meets any one of the following criteria: 422 East Cooper Avenue HPC Resolution # 26, Series of 2012 Page 1 of 4 a. The property has been determined by the city to be an imminent hazard to public safety and the owner/applicant is unable to make the needed repairs in a timely manner, b. The structure is not structurally sound despite evidence of the owner's efforts to properly maintain the structure, c. The structure cannot practically be moved to another appropriate location in Aspen, or d. No documentation exists to support or demonstrate that the property has historic, architectural, archaeological, engineering or cultural significance, and Additionally, for approval to demolish, all of the following criteria must be met: a. The structure does not contribute to the significance of the parcel or historic district in which it is located, and b. The loss of the building, structure or object would not adversely affect the integrity of the historic district or its historic, architectural or aesthetic relationship to adjacent designated properties and c. Demolition of the structure will be inconsequential to the historic preservation needs of the area; and WHEREAS, pursuant to 26.435.050.C., Mountain Viewplane Review Standards, of the Land Use Code, no development shall be permitted within a mountain view plane unless the Planning and Zoning Commission or the I Iistoric Preservation Commission makes a determination that the proposed development complies with all requirements set forth below. 1. No mountain view plane is infringed upon, except as provided below. When any mountain view plane projects at such an angle so as to reduce the maximum allowable building height otherwise provided for in this Title, development shall proceed according to the provisions of Chapter 26.445 as a Planned Unit Development so as to provide for maximum flexibility in building design with special consideration to bulk and height, open space and pedestrian space and similarly to permit variations in lot area, lot width, yard and building height requirements and view plane height limitations. The Planning and Zoning Commission, after considering a recommendation from the Community Development Department, may exempt a development from being processed as a Planned Unit Development when the Planning and Zoning Commission determines that the proposed development has a minimal effect on the view plane. When any proposed development infringes upon a designated view plane, but is located in front of another development which already blocks the same view plane, the Planning and Zoning Commission shall consider whether or not the proposed development will further infringe upon the view plane and the likelihood that redevelopment of the adjacent structure will occur to re- open the view plane. In the event the proposed development does not further infringe upon the view plane and re-redevelopment to reopen the view plane cannot be anticipated, the Planning 422 East Cooper Avenue HPC Resolution # 26, Series of 2012 Page 2 of 4 and Zoning Commission shall exempt the development from the requirements of this Section; and WHEREAS, during the September 12,2012 meeting the applicant demonstrated compliance with Land Use Code Section 26.304.035 Neighborhood Outreach; and WHEREAS, Sara Adams, in her staff report to I IPC dated September 12, 2012 performed an analysis of the application based on the standards, found that the review standards had been met, and recommended approval with conditions; and WHEREAS, at their regular meeting on October 24,2012 continued from September 12,2012 and September 19, 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 - one (4 - 1). NOW, THEREFORE, BE IT RESOLVED: That HPC hereby grants HPC Major Development (Conceptual), Conceptual Commercial Design Standard Review, Demolition, and Viewplane Review for the property located at 422 East Cooper Avenue, Red Onion Condos, Unit 1, Lots N, O, P, Block 89, City and Townsite of Aspen, Colorado with the following conditions: 1. Demolition of the building located at 422 E. Cooper Street and retaining the front fa~ade is approved with the condition that a structural assessment of the front fagade be submitted with the Final Review application. - 2. The mass and scale is approved as presented in the application. 3. A maximum o f 38 feet is approved as presented in the application, with Land Use Code height exemptions for elevator overrun and mechanical equipment as stated in Section 26.575.020.F(4) Allowed Exemptions to Height Limitations. 4. A mechanical plan and elevations shall be submitted with the Final Review application. 5. Off-site public amenity improvements to the Pedestrian Mails is approved in accordance with Land Use Code Section 26.575.030.C(2) Off-site provision of public amenity and is subject to review and approval by the Parks Department. The improvements shall equal or exceed the value of the cash in lieu payment of $67,500. 6. The proposal is determined to have a minimal impact on the viewplane due to the existing development that already blocks the viewplane and is hereby exempt from being processed as a PUD in accordance with Section 26.435.050.C. 1. Any mechanical equipment placed within the viewplane shall comply with Section 26.435.050, which may require a new viewplane review. 7. A development application for a Final Development Plan shall be submitted within one (1) year of the date of approval of a Conceptual Development Plan. Failure to file such an application within this time period shall render null and void the approval of the Conceptual Development Plan. The Historic Preservation Commission may, at its sole discretion and for good cause shown, grant a one-time extension of the expiration date for 422 East Cooper Avenue HPC Resolution # 26, Series of 2012 Page 3 0 f 4 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. . . 7,-<7 8/ (CM i Jay ~laytin, Vice- Chiir Approve~ as to Form: Uti 9 - Debbie Quinn, Assistant City Attorney ATTEST: 41:4,,FÂ«1 4- lk- u ~; Kathy Strick~land, Chief Deputy Clerk 422 East Cooper Avenue HPC Resolution # 26, Series of 2012 Page 4 0 f 4 Exhibit C A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) GRANTING MAJOR DEVELOPMENT (FINAL), COMMERCIAL DESIGN STANDARD REVIEW (FINAL), DEMOLITION, AND VIEWPLANE FOR THE PROPERTY LOCATED AT 420 EAST COOPER, LOTS N, O, P, BLOCK 89, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION # 2, SERIES OF 2014 PARCEL ID: 2737-182-16-061. WHEREAS, the applicant, Red Onion Investors, LLC, represented by Stan Clauson Associates, Inc., has requested Major Development (Final), Final Commercial Design Standard Review the property located at 420 East Cooper Avenue, Red Onion Condos, Unit 1, Lots N, O, P, Block 89, City and Townsite of Aspen, Colorado; and WHEREAS, 420 East Cooper Avenue is located within the Commercial Core Historic District and is located on a designated historic parcel; and WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or district until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review;" and WHEREAS, 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, o f 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 January 8, 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 RECEPTION#: 607266, 01/14/2014 at 420 East Cooper Avenue 11:07:19 AM, HPC Resolution # 2, Series of2014 1 OF 12, R $66.00 Doc Code RESOLUTION Page 1 of 4 Janice K. Vos Caudill, Pitkin County, CO WHEREAS, at their regular meeting on January 8, 2014, 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 seven to zero (7 - 0). NOW, THEREFORE, BE IT RESOLVED: That HPC hereby grants HPC Major Development (Final), Final Commercial Design Standard Review, for the property located at 420 East Cooper Avenue, Lots N, O, P, Block 89, City and Townsite of Aspen, Colorado with the following conditions: 1. Conceptual approval: HPC Resolution #26, Series of2012 approved the following: a. Demolition of the building located at 420 E. Cooper Street and retaining the front faÂ©ade is approved with the condition that a structural assessment of the front fagade be submitted with the Final Review application. b. The mass and scale is approved as presented in the application. c. A maximum of 38 feet is approved as presented in the application, with Land Use Code height exemptions for elevator overrun and mechanical equipment as stated inSection 26.515.010.FiA) Allowed Exemptions to Height Limitations. d. A mechanical plan and elevations shall be submitted with the Final Review application. e. Off-site public amenity improvements to the Pedestrian Malls is approved in accordance with Land Use Code Section 26.575.030.C(2) Offsite provision of public amenity and is subject to review and approval by the Parks Department. The improvements shall equal or exceed the value of the cash in lieu payment of $67,500. f. The proposal is determined to have a minimal impact on the viewplane due to the existing development that already blocks the viewplane and is hereby exempt from being processed as a PUD in accordance with Section 26.435.050.C. 1. Any mechanical equipment placed within the viewplane shall comply with Section 26.435.050, which may require a new viewplane review. 2. Demolition: Demolition approval of the back portion o f the existing building is granted. The front fagade is to remain in place. Demolition ofthe front favade, defined as removal of 40% of the existing front faga(le face, shall require a redesign of the first floor elevation to meet the Design Standards and shall require a substantial amendment to the approved plans that is reviewed by HPC pursuant to Land Use Code Section 26.415.070.E.2 Amendments Substantial and Insubstantial and Section 26.412.080.B Amendment of Commercial Design Review Approval - Substantial. 3. Mechanical: The mechanical equipment is required to meet height limitations in the Land Use Code. 4. Lighting: A lighting plan and light fixtures shall be reviewed and approved by Staff and Monitor prior to purchase and installation. All lighting shall meet Land Use Code requirements. 5. Architectural Details: Samples of all exterior materials to be reviewed and approved by Staff and Monitor. 420 East Cooper Avenue HPC Resolution # 2, Series of2014 Page 2 of4 6. Airlock: The project is required to incorporate an airlock or an equivalent solution on the first floor, to be reviewed and approved by staff and monitor 7. 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: 420 East Cooper Avenue, Lots N, O, and P, Block 89, 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. 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 o f referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. [signatures on the following page] 420 East Cooper Avenue HPC Resolution # 2, Series o f 2014 Page 3 of 4 444 Jay M,ytin, Chair Approved as to Form: A ,49 - Debbie Quinn, Assistant City Attorney ATTEST: t f ; 1, A--Uu -4 tu K-(4.1.141 Kathy StrickWnd, Chief Deputy Clerk Exhibit A: approved plans and elevations 420 East Cooper Avenue HPC Resolution # 2, Series of2014 Page 4 of4 Exhibit A DEVELOPMENT ORDER o f the City o f Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26,308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions o f 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 full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. Hhis Development Order is associated with the property noted below for the site specific development plan as described below. Red Onion Investors, LLC, 418 E. Cooper Ave., Suite 207. Asneni CO 81611. Property Owner's Name, Mailing Address 420 E, Cooper Ave, Lots N, O, P Block 89, City and Townsite of Aspen, Colorado. Legal Description and Street Address of Subject Property HPC granted Maior Development and Commercial Design Standard approvals, Demolition and Viewplane approval for the addition of a second and third floor for one residential free market unit atop the one story annex to the historic Red Onion. Written Description of the Site Specifc Plan and/or Attachment Describing Plan Approval by the Historic Preservation Commission: HPC Resolution #26, Series of 2012 (granting conceptual, demolition and viewplane approvals) and HPC Resolution #2. Series of 2014 (granting final approval). Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) January 16,2014 Effective Date of Development Order (Same as date ofpublication of notice of approval.) January 16,2017 Expiration Date 4 Development Order (1'he extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26,308.010 of the City of Aspen Municipal Code.) Issued this 9th ~y of J~pl~ry 2014, by the City of Aspen Community Development Director. (Â»/ Chris Bendon, Community Development Director Aut k poss ARCHITECTURE + :LANNING &4**Al 11-2- j Swlb lei21- Cm~wrhâ€¢I - ==.Eed. PA,m....*ES PA[MT,1] META *. OUD,â‚¬ B. 24Â«- i.44=U SNICK 0:m ' IP'IÂ·' \ UEÂ·21~i ----MOMETALÂ®o,I WINO.ImB le'=. 51-.-- - .Al.,3 ./AL'UA.RAL :11- 23 Â£RT+-' -i.Le--/3'-U . l./-13 ~UJ-C Sl~,t=. U=RL# . L' - t -PAINTcolrk ----3*JEET#14111=L] ' â„¢* ' F'lfl .... FLIN ' .12'<r 1 1 1 -=-1 - ...STOME '/cE/Ts 71 Â«i PAINTEDMET. 00011 AND ~1:100~Â¥5rs~. 11 UN- 4.1- 1 11: : 11- 36*253*Y. bfk"Ek=d ' hbE=:Â£:sj.Â¥Ey=. *â‚¬:M amEE=-.--,1- ---69 + leA-"Â·-"~LKII ...RESE.ED'/0.=RED E=n=Â£======EBEEmES--7--------- .1./......DAN. -- EXIS'flm H15101tlC FACADC =-0--=== GUI@-27--ME 4 /-=Â£2 1 .--- 422 E. COOPER i -W--1 :PE Aspen. CoiÂ©~ida - ..O,CORCSIOâ‚¬Mâ„¢L PAINTED e==1 1 1 1 EE=z t; 21 r -,100~~Coll......1/Â£ DOOR rtoâ„¢ 41\~ 0144% *t [1 ~ 4.- ~CIECIK] 2!~17.I -AE WbA k A 61 2**w6 DÂ« - *olump[Al,0.1 Mr,mf SOUTH ELEVATION ~-4*ILEAILON A201 I Ill./W~.. R/2 252/?91-2013,21 330 00 422 E Go@per Red,wlÂ®Ine,*Dra,Nn:AA)01 Â· loWEX lEÂ¥F' PLAN d. --1~I- poss ARCHITECTURE + PLANNING i. C DUO. I~,U 3 (, .0 .0 4," --4 - W.-ONE ACEÂ·1- / 11 / _____, . â€žMrSM ROO. P-E .. COrOREDPRCAST CCIOUE CAP E-1~32-/i:. ~~~- ~~~W+ul-~- GROUND FACE C. U 14*2*%02-I- ----- --1 50 IME-Er'llsm' VE~'9 ---------- --422222~ COLOIREO PRECAST - CONCRETECAP Lf-jÂ» 7.- --- ~..E.---~ 2,~24...- --*1.- - --4 8 RICM ~ . _ _ i â„¢IMO L[VEL -58 ~LOOR -12 -~m-Â·nry- 1 GAOUNDFACCCÂ£ - 11= - 9 EM"-- 422 E. COOPER ......0 ...... Fâ„¢/.FLOQ' --1~------Ic.... -----.--u.-_. -C:58':... PitOJEC' - YI1I'00 ilm l~,t~LM~lUm Dâ‚¬ET# EAST ELEVATION A202 EkÂ·&?LikNllgL 0111 062/Zm.. p osEs]RE -r OLANNI~16 96Â· I C,- - 1.io - .,ITED'ETAL --O/TONE =. L - 0~1.InG' â€¢ANAPET COLCRED FR= -- ff-/42- CCNIERErELAP ~ 112=.r--*-- _ta - SROUNDrACEC~ ---- - - I L.'ll PLA. I.'lleW.oll $ HOM-- I ....1........R + EL113/ 1 422 E. COOPER - 'Den. Colorado i ...0f' ...... | - I ALLEÂ¥ ZIJ]~ 09 MlL .1 .IM- ,â‚¬umu WEST ELEVATION ~ WEST ELEVATION A203 \0-203/ .. 0 . 20/ /@Na=... 2. poss ARCHITECTURE + PLANNING f 1,1. f fl,0 i i ",i C,~ii.~rr â€¢ ./Ill ....ipâ‚¬T CONCRETECAP CCNCRâ‚¬TEL1HTEL - -COLORPDAIE{AST ED 1~n-l] PL-.1.yeSS' | $ T~IA;~L;yl ~~ISM PLCON 1 CNCRETE LIM.7EL 4 1 7 - 64'c =Ac[ c.u r ~ ,~~~L FINISH ~COR | 422 E. COOPER 111 1 E-1 1 .pen, Â¢0'Â¤,gdo SPUTÂ·EACE CMU I lili 4 lili 111 11 1 | 1 1 1 9--th -- P./.rED METAL 00 'I lilli Il Ill . -1/ #INISM *MOR mn' MInâ€¢CMCk *.1 COLÂ·lmmlfl,El~LA~la NT.rmf NORTH ELEVATION A204 Â© py'-1 ELMIEN Ill:~#817~20!N]33000 422 ECoÂ®e, RedeveIopmenMDrging'\Al,1 L[IF~{RiVEL KAN.dwg 4 ARCHITzCTURE + PLANNING m 1111 ~ mUT 1"I~ 1...... "E, 1 râ€¢li,0 ". 1 - r, 1â€ž i ~ 1. 0 C...1.1 I. 0 - -al-: r 0 MECH 50 I,21-0 ........ RESIDENTIA. - 1 1/ U 2*] 263.qn 1 1 11: NEW RETAIL - CHASE A80YE 957.I l13 urp e | ~*2:,f)1- 1 422 E. COOPER 3:4,2*4. Aspen. Cclo,/0 if-~0*'2~ ty*. 3Â·~MtÂ·tl~, ; 44:479... ..01:.3 COI~CRaKA;Â®AMU , =PM-% 1==Am 1%29Â£* 1- )' 1 ,57 ' . till. .ES__-E- D mi :$/ 1 - m,- Pta*fl. g. .U I P.-1 4@1 Â·a~R LE~1 P./1 441 FAIL CA' 61118+inli Wâ€¢,6- ./mu MAIN LEVEL PLAN k,wy,All & 2-hâ€¢~0t,i (Rv- A104 ~-41%.EYEL_PLAN A*.FRF'Merr-- poss ARCHITECTURE - 'UNNING ----IL â€ž'.IT... !,f 11.. Â¢1 â€¢'.1 lin 11 1,5. C,1~#I. 9 - -~ .. --1- LE---- 0. 1 . ,Â·n-r-rT Ttl 1 1': 1 Â· 2 1 Â«11 .* RESIDENTIAL U , CE 1 1302* 0 lEi 1 : 0 -0 422 E. COOPER . As-, ColleÂ© il 0,â‚¬RÂ¢,illas-[/1/ ....~u-Lo 0-""IminÂ® 1 : Mi- /7 . NZ#J m}ECTrÂ«1 .I~.to 1 1 7,1 â€¢111Â·....Men, En'.1 wumu Mill FAW- CAJOkkli#lls Mwisk- DE SECOND LEVEL PLAN 9% 6-0 4 4** 02+ - A105 ~-ESOND-LEVEL PLAN Â® I. j./.*W/.4 Â¢54 6.fs/E--:-- 21 20]3~2133000 477 E 606~f Redevelop.,enl\D,anin,AIUM - tOWER LEVEL MAN dwi poss AR]:HITECTURE + PLANNING TL I .2, .., l,1,1,12. " 0 I Ill l' ..1/ SU~mIR 1 el '/ 1 1 1 11 .CS-/ 1 RESIDENTIAL i i I 1 1 7tl ~4/ -- El=(ING CHASE F- EXISTâ„¢GCHASE Ip : : 0 422 E. COOPER 'per~ Colorado i :TAA.150#.ail. NMI 1===L'*'BE:333 ~ 1 -0,10 LE.' 0 â€¢. 1 -~ 1, Ibm PÂ®JECTI, r.l 1...M 1 1 0.- 1!~1.L-]IL[YUPU~~... Â¥ 4 TAK- 2#141*~1 0145 k k SHIE,mlf THIRD LEVEL PIAN vulit 61 -Lowkiej OWL,iw- 1-EED-Efl_PLAN A106 425/ 1.. . -: ...=,I .:9**301 5 pOSS ARCHITECTURE + PLANNING 1,1 tirr.L. 11~{[ 1~PE. .1. 11.â€ž Cel,10-,t * 1 1'Â·0' H -- 1 - SO 1%/ 'LA~leS.... I I~~Ell 'l.*./. 7 7 11 1 24 r,FÂ¥ MAKE UP U..SCRUBBER - ;li 1 V 422 E. COOPER Ascr. Colo,do =. CACS COURCI~o/ .'Ur (TM, ,!~E]rk n. liC*(fAE UL1,11-â€¢,0 I 'lilli. - 1 -LI- MCOC~Efa ' -- 1 1 ... 1/. . 1 mi . ma*crle 10] 1 7,31'. MaL 1 ... 1110.E 1.1./. 1 md= TOr,LAUO,Vai.X-,misoct:,-v,ton ROOF PLAN + A|~ Cjl{(6~1'Nf VPUA,1-0 lic'IN=i,Â·,â€¢27.-..'.Ir 4 veht}tl >g -b,t~ 6%41'cevÂ·- rih ROOF PLAN A103a 429 *.: I I mi =/Zk. ij 9 e 01 1111"~AP M 3 3 0 09 422 [ Cooper Redc~lopment\DI~di M!0 1 . wi p ' M 1 4'g 18'1' Exhibit E CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENT 2 - LAND USE APPLICATION 00(00Â·got 6.f]SUX PROJECT: Name: Red Onion Extension of Vested Rights RECEIVED Location: 420 East Cooper Avenue; Aspen, CO 81611 JUN 162016 Parcel ID # (REQUIRED) 2737-182-16-061 COMMUNITY DEVELOPMENi APPLICANT: CITY OF ASPtN 414 - 422 East Cooper Avenue, LLC; Mark Hunt, Manager Name: 2001 North Halsted Road #304; Chicago, IL 60614 Address: 312.850.1680 Phone#: REPRESENTIVATIVE: Dwayne Romero; Romero Management, LLC Name: Address: 1340 Mountain View Drive; Aspen, CO 81611 970.618.8880 Phone#: 1 GMQS Exemption 1~1 Conceptual PUD D Temporary Use El GMQS Allotment 1-1 Final PUD (& PUD Amendment) Special Review Subdivision 1 Conceptual SPA El ESA - 8040 Greenline, Stream F-7 Subdivision Exemption (includes U Margin, Hallam Lake Bluff, Condominiumization) U Mountain View Plane ~ Final SPA (&SPA D Commercial Design Review ~ Lot Split Amendment) Â£ Residential Design Variance El Lot Line Adjustment F-1 Small Lodge Conversion/ ~ Conditional Use Other: Vested Rights ~ Expansion Extension of EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Existing commercial building with retail, office, and restaurant uses. Approved for redevelopment as a mixed-use building with commercial and residential uses. See Development Order. PROPOSAL: (Description of proposed buildings, uses, modifications, etc.) Two-year extension of the period of statutory vested rights - from January 16, 2017 to January 16, 2019 Have you attached the following? FEES DUE: $ Pre-Application Conference Summary Attachment #1, Signed Fee Agreement Response to Attachment #3, Dimensional Requirements Form Response to 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. March, 2016 Citv of Aoen I 130 S. Galena St. I (970) 920 5050 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Red Onion Extension of Vested Rights 414 - 422 East Cooper Avenue, LLC; Mark Hunt , Manager Applicant: 420 East Cooper Avenue; Aspen, CO 81611 Location: Commercial Core - CC Zone District: 9,000 s.f. Lot Size: 9,000 s.f. Lot Area. (Forthe purpose of calculating Floor Area, Lot Area may be reduced for areas within the high-water mark, easement, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) 12.569 12,569 Commercial net leasable: Existing: Proposed: Number of residential units: Existing: 0 Proposed: Number of bedrooms: Existing: 0 Proposed: 3-4 (no max) Proposed % of demolition (Historic properties only): DIMENSIONS: All dimensions, please refer to Development Order Floor Area: Existing: 13,262 Allowable: 24,750 Proposed 16,191 Principal bldg. height: Existing: -30 Allowable: 38-42 Proposed 38 Access. Bldg. height: Existing: na Allowable: na Proposed na On-Site parking: Existing: O Required. 0 Proposed O % Site coverage: Existing: 100 Required: 0 Proposed 100 % Open Space: Existing: O Required. 0 Proposed 0 0 0 Front Setback: Existing: O Required Proposed Rear Setback: Existing: O Required: O Proposed 0 Combined F/F: Existing: O Required O Proposed O Side Setback: Existing: O Required: O Proposed O Side Setback: Existing: O Required 0 '-roposed 0 0 0 Combined Sides: Existing: Required 0 Proposed 0 Proposed Distance between Bldgs. Existing: Required.Â· 0 Existing: Required: Proposed: Existing non-conformities or encroachments: Existing conditions. variations requested: None - Extension of vested right. March, 2016 Citv of Aoen I 130 S. Galena St. I (970) 920 5050 Exhibit F Response to Review Criteria 26.308.010.C.1 In reviewing a request for the extension or reinstatement of vested rights the City Council shall consider, but not be limited to, the following criteria: a. The applicant's compliance with any conditions requiring performance priorto the date of application for extension or reinstatement; Response: We have secured all required land use approvals and fulfilled all conditions of the development order. All remaining matters are detailed issues typically addressed as part of the building permit review or construction observation. b. The progress made in pursuing the project to date including the effort to obtain any other permits, including a building permit and the expenditures made by the applicant in pursuing the project; Response: We have made substantial investment in the approvals by way of purchasingthe property. We have held back from investing in final engineering and construction drawings with the intention of fully understanding pending land use code changes and opportunities to improve the project. All funding is in place to pursue the project to completion and construction will commence in 2017 if the extension is not granted. c. The nature and extent of any benefits already received by the City as a result of the project approval such as impact fees or land dedications; Response: We have not submitted for building permit review and have not paid plans review or impact fees. No land dedications were required of this project. d. The needs of the Cityand the applicant that would be served bythe approval of the extension or reinstatement request. Response: We believeadditionaltime will allow ustoexplore changes tothe project in conformance with revised land use code regulations. Changes could include the removal of the penthouse unit which addresses a stated concern of the City, and possible incorporation of the project into the adjacent Bidwell project. Additionally, coordination withthe Cityon mall improvements is more likely with additionaltime. Exhibit G 420 East Cooper Avenue - Vicinity Map - Gcog e Maps o gle Maps 4â€ž Â£ 4 44)41,4 '4"-,/ p teâ€¢ 6- % e 5 Â£4rNhie A,941 4.4 " . .. P &..... CAO.Uttâ€¢, 24 -;45 2 . .W-'6â€¢/ e .J '44. .* 4-. ":.. 3 "'t.*1* . ~ 6 I C 2 '4%,1 y " '.. V r ~ /..... t 6 ..t~ke,4 41 fr Â¢ 9 /0/4 . . -'.-1 :. a 4 E C.... 17 -'4 4- : H wy = I. w/ 0~ <r"brAY , '34. fal â€¢ Go cile ..,4 i /'Arm'.Câ€ž * â€¢ON.9 Exhibit H Romero Management, LLC June 3, 2016 Ms. Jessica Garrow, AICP Community Development Director City of Aspen 130 So. Galena St. Aspen, Colorado 81611 RE: Red Onion Extension of Vested Rights Ms. Garrow: Please accept this letter authorizing Romero Management, LLC and Dwayne Romero to represent our ownership interests in the Red Onion property and act on our behalf on matters regarding the property. If there are any questions about the foregoing or if I can assist, please do not hesitate to call. Property: Lots N, 0, P, Block 89, City and Townsite of Aspen. Owner: 414-422 East CooperAvenue, LLC, a Colorado limited liability company. f Kind Reg pds, Mark Hunt, Manager 414 - 422 East Cooper Avenue, LLC 2001 North Halsted Road #304 Chicago, IL 60614 (312) 850-1680 Exhibit | SHERMAN@HOWARD 730 East Durant Avenue, Second Floor, Aspen, Colorado 81611-1557 Telephone: 970.925.6300 Fax: 970.925.1181 www.shermanhoward.com Curtis B. Sanders RECEIVED Sherman & Howard L.L.C. Direct Dial Number: 970.300.0114 E-mail: csanders@shermanhoward.com JUN 16 2016 May 3,2016 4* AO City of Aspen Community Development Department DEI/EL@44 130 South Galena Street Aspen, Colorado 81611 Re: 414 - 422 East Cooper Avenue, LLC, a Colorado limited liability company; Certificate of Ownership Dear Sir or Madam: I am an attorney licensed by the State of Colorado to practice law. This letter shall confirm and certify that 414 - 422 East Cooper Avenue, LLC, a Colorado limited liability company, is the owner of certain improved real property located at 414 - 422 Cooper Avenue, Aspen, Colorado 81611, and legally described as follows (the "Subiect Property"): Lots N, O, P, Block 89. City and Townsite of Aspen, County of Pitkin, State of Colorado. The Subject Property is subject to the following matters of record: 1. Reservation of all ores and mineral bearing rock, and so much ofthe said lot beneath its surface as may be necessary for mining purposes as set forth in Deed recorded June 16,1891 in Book 93 at Page 167. 2. Easement and right of way for Party Wall as set forth in instrument recorded August 22,1956 in Book 174 at Page 445, as assigned to 414 - 422 East Cooper Avenue, LLC pursuant to Assignment recorded October 2, 2015 as Reception No. 623842. 3. Terms, conditions, provisions and obligations as set forth in Notice of Historic Designation recorded January 13, 1975 in Book 295 at Page 515. BUS_RE/6014950.1 4. Terms, conditions, provisions and obligations as set forth in Covenant recorded February 16,1984 in Book 461 at Page 192. 5. Terms, conditions, provisions and obligations as set forth in Revocable Encroachment License with the City ofAspen recorded September 14,2007 as Reception No. 542011. 6. Terms, conditions5 provisions and obligations as set forth in Easement Agreement recorded November 20,2008 as Reception No. 554442. 7. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Aspen Historic Preservation Commission recoded November 15,2012 as Reception No. 593975 as Resolution No. 26, Series of 2012. 8. Notice to Vacate Condominium Plat recorded October 24,2013 as Reception No. 604980 and Notice to Vacate All Covenants for Red Onion Condominiums recorded October 24 2013 as Reception No. 604981. 9. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Aspen Historic Preservation Commission recorded January 14,2014 as Reception No. 607266 as Resolution No. 2, Series of 2014. 10. Terms, conditions, provisions and obligations as set forth in the Deed of Trust given by 414 - 422 East Cooper Avenue, LLC in favor of Jefferies Loancore LLC and recorded October 2,2015 as Reception No. 623844. 11. Assignment of Leases and Rents given by 414 - 422 East Cooper Avenue, LLC in favor of Jefferies Loancore LLC and recorded October 2, 2015 as Reception No. 623845. 12. UCC Financing Statement given by 414 - 422 East Cooper Avenue, LLC in favor of Jefferies Loancore LLC and recorded October 2,2015 as Reception No. 623846. 13. Terms, conditions, provisions and obligations as set forth in the re-recorded Assignment of Leases and Rents given by 414 - 422 East Cooper Avenue, LLC in favor of Jefferies Loancore LLC and recorded October 8,2015 as Reception No. 623967. 14. Terms, conditions, provisions and obligations as set forth in the Assignment of Deed of Trust, Assignment of Leases and Rents and Security Agreement between Jefferies Loancore LLC as assignor and JLC Warehouse V LLC as assignee recorded November 6,2015 as Reception 624685. 15. Terms, conditions, provisions and obligations as set forth in the Assignment of Assignment of Leases and Rents between Jefferies Loancore LLC as assignor and JLC Warehouse V LLC as assignee recorded November 6,2015 as Reception 624686. 16. Amendment to UCC Financing Statement recorded November 6,2015 as Reception 624687. 2 BUS RE/6014950.1 Sincerely, 431_ Curtis B. Sanders 3 BUS RE/6014950.1 .lETAf . . F. a .-1 r " :NT FIt ':fl Exhibit J CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement to Pay Application Fees 0060 -2016. A-5 661~ g An agreement between the City of Aspen ("City") and Property 414 422 East Cooper Avenue LLC. Phone No.: 312.850.1680 Owner ( I J: Mark Hunt, Manager Email: mhunt@mdevco.com =!O 0 -n- Address of Â» Billing 2001 N. Halsted St. Suite 304 414-422 East Cooper Avenue Address: Chicago, Illinois 60614 ~ CO Property: (Subject of Aspen, CO 81611 (send bills here) application) I understand that the City has adopted, via Ordinance No., Series of 2011, review fees for Land Use applications and payment of these fees is a condition precedentto determiningapplication completeness. I understand that as the property ownerthat I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $, flat fee for . $, flat fee for S. flat fee for . $. flat fee for For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices 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 no-payment. I agree to pay the followinginitialdepositamounts forthespecified hoursof staff time. I understand that paymentof a depositdoesnot renderand applicationcomplete orcompliant withapprovalcriteria. If actual recorded costs exceed the initial deposit, 1 agree to pay additional monthly billings to the City to reimbursethe City for the processing of my application at the hourly rates hereinafter stated. 4 1 $ 1 300 deposit for 4 hoursof Community Development Departmentstaff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ deposit for hours of Engineering Deld~~rlent staff time.~dditional time above the deposit amount will be billed at $325.00 per hour. CityofAspen: Property OwÂ¢er: Jessica Garrow Communitv Development Director , Name: Mark Hunt City Use: Fees Due: $ _~.Received $ | ~00 4 Title: Manager, 414 422 East Cooper Avenue LLC. January, 2016 Citv of Anen I 130 S. Galena St. I (970) 920 5050 RECEIVED 9102 9 I NAr r-:,~xh i bit K COMMUNITY DEVELOPMENT DEPARTMENT Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed bv the property owner or Attorney representing the property owner. Name: 414 - 422 East Cooper Avenue, LLC a Colorado limited liability company Property Email: mhunt@mdevco.corn Phone No.: 312-850-1680 Owner ("1"): Address of Property: 414 - 422 East Cooper Avenue, Lots N, 0, P, Block 89, City and Townsite of Aspen, Colorado (subject of application) I certify as follows: (pick one) ~ This property is not subject to a homeowners association or other form of private covenant. U 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. El This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and I understand the..Gity-2-**28 does not interpret, enforce, or manage the applicability, meaning or effect of priv#e covenants opliomeowner association rules or bylaws. 1 understand that this document is a pulatic document.J Owner signature: .=~/- .=Eg~---- date: 6/3/16 ... Owner printed name: 414 - 422 East Cooper Avenue, LLC; Mark Hunt as manager O or, - 4 Attorney signature: date: t C.'. Attorney printed name: %21 4 C)&*UÂ«TY DEVCW .wN 1 I Â·u, Exhibit L Pitkin County Mailing List of 300 Feet Radius From Parcel: 273718216301 on 06/01/2016 4)*THIN ' Cou.il* (Â©/3.0\Q) Instructions: This document contains a Mailing List formatted to be printed on Avery 5160 Labels. If printing, DO NOT "fit to page" or "shrink oversized pages." This will manipulate the margins such that they no longer line up on the labels sheet. Print actual size. Disclaimer: Pitkin County GIS presents the information and data on this web site as a service to the public. Every effort has been made to ensure that the information and data contained in this electronic system is accurate, but the accuracy may change. Mineral estate ownership is not included in this mailing list. Pitkin County does not maintain a database of mineral estate owners. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content at this site or at other sites to which we link. Assessing accuracy and reliability of information and data is the sole responsibility of the user. The user understands he or she is solely responsible and liable for use, modification, or distribution of any information or data obtained on this web site. http://www. pitkinmapsandmore.com BARNETT-FYRWALD HOLDINGS INC 305-7 MILL STREET LLC TENNESSEE THREE RENTALS 2222 COTTONDALE LN #200 2001 NORTH HALSTED #304 5033 OLD HICKORY BLVD LITTLE ROCK, AR 722022017 CHICAGO, IL 60614 NASHVILLE, TN 37218-4020 434 EAST COOPER AVENUE LLC GALENA COOPER LLC THOR 534 EAST COOPER AVENUE LLC 2001 N HALSTED STE 304 401 S HUNTER ST #3 2111 WILSON BLVD #300 CHICAGO, IL 60614 ASPEN, CO 81611 ARLINGTON, VA 22201 CARLSON BRUCE E TRUST 520 EAST COOPER PTNRS LLC JENNE LLP PO BOX 3587 402 MIDLAND PARK 1510 WINDSOR RD ASPEN, CO 81612 ASPEN, CO 81611 AUSTIN, TX 77402 FITZGERALD FAMILY PARTNERSHIP LTD TOMKINS FAMILY TRUST LCT LP 520 E COOPER AVE 520 E COOPER AVE #209 PO BOX 101444 ASPEN, CO 81611 ASPEN, CO 81611 NASHVILLE, TN 37224-1444 P & L PROPERTIES LLC MORRIS ROBERT P NORTON LLC 101 S 3RD ST #360 600 E HOPKINS AVE STE 304 2424 N FEDERAL HWY #210 GRAND JUNCTION, CO 81501 ASPEN, CO 81611 BOCA RATON, FL 33431 WOODS FAMILY LP TENNESSEE THREE GONE WEST LLC PO BOX 11468 PO BOX 101444 401 WCENTER ASPEN, CO 81612 NASHVILLE, TN 37224-1444 SEARCY, AR 721451406 407 HYMAN LLC COX JAMES E LIVING TRUST ASPEN GROVE ASSOCIATES LLP 416 MOORE DR 1260 41ST AVE #O 51027 HWY 6 &24 #100 ASPEN, CO 81611 CAPITOLA, CA 95010 GLENWOOD SPRINGS, CO 81601 MARCUS DURANT GALENA LLC 450 S GALENA ST INVESTORS LLC 4 SKIERS LP PO BOX 1709 450 S GALENA ST #202 1108 NORFLEET DR ASPEN,CO 81612 ASPEN, CO 81611 NASHVILLE, TN 372201412 WAVO PROPERTIES LP 426 EAST HYMAN AVE LLC MEYER BUSINESS BUILDING LLC 512 1/2 E GRAND AVE #200 PO BOX 4068 23655 TWO RIVERS RD DES MOINES, IA 50309-1942 ASPEN, CO 81612 BASALT,CO 81621 WF SWEARINGEN LLC 413 EAST HYMAN AVENUE LLC 411 EAST HYMAN AVENUE LLC 450 CONWAY MANOR DR NW 2001 NORTH HALSTED #304 2001 N HALSTED #304 ATLANTA, GA 30327 CHICAGO, IL 60614 CHICAGO, IL 60614 410AHLLC SEVEN CONTINENTS LLC CITY OF ASPEN PO BOX 4068 625 E HYMAN #201 130 S GALENA ST ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 BPOE ASPEN LODGE #224 WOLF LAWRENCE G TRUSTEE G & K LAND CO LLC 210 S GALENA ST #31 22750 WOODWARD AVE #204 0167 WILLOW LN ASPEN, CO 81611 FERNDALE, MI 48220 CARBONDALE, CO 81623 RUTLEDGE REYNIE F & M VENTURES LLC 415 EAST HYMAN AVE LLC 51 COUNTRY CLUB CIR 415 E HYMAN AVE PO BOX 4068 SEARCY, AR 72143 ASPEN, CO 81611 ASPEN, CO 81612 COTTONWOOD VENTURES I LLC 419 EAST HYMAN AVENUE LLC PARAGON PENTHOUSE LLC 419 E HYMAN AVE 2001 NORTH HALSTED # 304 9950 SANTA MONICA BLVD ASPEN, CO 81611 CHICAGO, IL 60614 BEVERLY HILLS, CA 90212 COTTONWOOD VENTURES 11 LLC 419 AH LLC VALLEY INVESTMENTS LLC 419 E HYMAN AVE PO BOX 4068 602 E COOPER #202 ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 COTTONWOOD VENTURES 11 LLC LINDNER PROPERTIES LLC WHEELER BLOCK BUILDING LLC 300 CRESCENT CT #850 17017 SE 26TH ST 211 N STADIUM BLVD STE 201 DALLAS, TX 75201 BELLEVUE, WA 98008 COLUMBIA, MO 65203 DCGB LLC CM LLC WENDELIN ASSOC 610 WEST 52 ST 230 S MILL ST 1173 PITTSFORD VICTOR RD #250 NEW YORK, NY 10019 ASPEN, CO 81611 PITTSFORD , NY 14534 FOOTLOOSE MOCCASIN MAKERS INC 400 EAST HYMAN LLC MTN ENTERPRISES 80B 44 SILVERADO CT 400 E HYMAN AVE # A202 PO BOX 5739 CANON CITY , CO 812129484 ASPEN, CO 81611 EAGLE, CO 816315739 DOLE MARGARET M KANTZER TAYLOR M FAM TRST #1 400 HYMAN LLC 400 E HYMAN AVE #302 216 SEVENTEENTH ST 6829 QUEENFERRY CIR ASPEN, CO 816111989 MANHATTAN BEACH, CA 90266 BOCA RATON, FL 33496 400 HYMAN LLC MCDONALDS CORPORATION 05/152 GORSUCH COOPER LLC PO BOX 351 142 TANAGER DR 263 E GORE CREEK DR RIFLE, CO 816500351 GLENWOOD SPRINGS, CO 81601 VAIL, CO 81657 HUDSON KAREN DAY PEYTON MARI ASPEN GOLDEN HORN LLC 409 E COOPER AVE 409 E COOPER #4 9420 WILSHIRE BLVD 4TH FL ASPEN, CO 81611 ASPEN, CO 81611 BEVERLY HILLS, CA 90212 FORDANN MICHIE FORD MICHIE COASTAL MTN PROPERTIES LLC 216 WAPITI WY 216 WAPITI WY 2519 N MCMULLEN BOOTH RD #510-307 BASALT, CO 81621 BASALT, CO 81621 CLEARWATER, FL 33761 DEXTER ASPEN LLC KRISTAL ASPEN LLC INDEPENDENCE SQUARE UNITS LLC 1417 W10THST 1417 WEST 10TH ST 317 EUPHORIA CIR AUSTIN, TX 78703 AUSTIN, TX 787034816 CARY, NC 27519 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, SAN ANTONIO SAGE STONE PROPERTIES LI SAGE STONE PROPERTIES LLC AGRUSA LISA ANN 12727 CRANES MILL 12727 CRANES MILL 4761 W BAY BLVD #1704 SAN ANTONIO, TX 78230 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 BARBAFU\ REVOCABLE TRUST 25 HIGHLAND PARK VILLAGE STE 100317 4720 WAILAPA RD 4720 WAILAPA RD DALLAS, TX 75025 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 WHEELER SQUARE CASPER FAMILY LLC KAUFMAN GIDEON I 602 E COOPER AVE #202 315 E HYMAN 315 E HYMAN AVE STE 305 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 KAUFMAN GIDEON I GUIDOS SWISS INN LLC WHEELER SQUARE CONDO ASSOC 315 E HYMAN AVE #305 23655 TWO RIVERS RD 315 E HYMAN AVE ASPEN, CO 81611 BASALT, CO 81621 ASPEN, CO 81611 ASPEN COMMERCIAL CONDO ASSOC TOM THUMB BUILDING CONDO ASSOC SILVER SLAM COMMERCIAL LLC 307 S MILL ST 400 E HYMAN AVE 60 COLUMBUS CIR ASPEN, CO 81611 ASPEN, CO 81611 NEW YORK, NY 10023 DURANT GALENA CONDOS ASPENHOF CONDO ASSOC BPOE CONDO ASSOC COMMON AREA 520 E COOPER AVE 210 S GALENA ST #31 500 E DURANT AVE ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 DUVIKE CONDO ASSOC GOLDEN HORN BUILDING CONDO ASSOC PARK PLACE CONDO ASSOC COMMON AREA COMMON AREA COMMON AREA 420 E HYMAN AVE 400 E COOPER AVE 408 S MILL ST ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 INDEPENDENCE BUILDING CONDO ASSOC ROARING FORK CONDOS ASSOC PARAGON BUILDING CONDO ASSOC COMMON AREA COMMON AREA COMMON AREA 1104 DALE AVE 415 E HYMAN AVE 419 E HYMAN AVE ASPEN, CO 81611 ASPEN, CO 81611 ASPEN,CO 81611 FIERCELY LOCAL ASPEN CORE VENTURES LLC COOPER STREET DEVELOPMENT LLC 328 E HYMAN AVE 401 S HUNTER ST #3 401 S HUNTER ST #3 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 MACKLOWE WILLIAM & JULIE COOPER STREET CONDO ASSOC ASPENHOF CONDO ASSOC 126 E 56TH ST COMMON AREA 600 E HOPKINS AVE #203 NEW YORK, NY 10022 508 E COOPER AVE ASPEN, CO 81611 ASPEN, CO 81611 EÂ£4 Vt-6Â« -6*,1 L THE CITY oF AspEN Land Use Application Determination of Completeness Date: June 9.2016 Dear City of Aspen Land Use Review Applicant, We have received your land use application for 414-422 E. Cooper St. W. - Vested Rights Extension and have reviewed it for completeness. pC--Your Land Use Application is complete: Please submit the following to begin the land use review process. 1) Digital pdf of the entire application. 2) Review deposit of $1,300.00. 3) One additional hard copy of the entire application. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Tharil You, pbut__ ~idAnifer 1?9elan, Deputy Planning Director City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New PD Yes- No-X_ Subdivision, or PD (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes - No-L~.- Commercial E.P.F. Lodging THE CrrY OF ASPEN RECEIVEr Land Use Application Determination of Completeness JUN 1 62016 Date: June 9, 2016 0040 Â· 20[ 6 Â· Asul CITYOFASPEN COMMUNITY DEVELOPMEN1 Dear City of Aspen Land Use Review Applicant, We have received your land use application for 414-422 E. Cooper St. W. - Vested Rights Extension and have reviewed it for completeness. )El_Your Land Use Application is complete: Please submit the following to begin the land use review process. 1) Digital pdf of the entire application./ 2) Review deposit of $1,300.00. 4 3) One additional hard copy of the entire application. J Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. TbarilE You, r iÂ·(491.~ 2 \Tennifert!*lan, Deputy Planning Director City of Aipen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New PD Yes- No_*_ Subdivision, or PD (creating more than 1 additional Iot) -~~ GMQS Allotments Residential .. Affordable Housing Yes_L No_*L Commercial E.P.F. Lodging