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Home My WebLink AboutLand Use Case.420 E Cooper Ave.0002.2017.ASLU420 E COUPER AVE 0002.201 /.AbLU RED ONION EXT OF VESTED RIGHTS ' 2737 182 16 301 Scaned c Â«4~3 1ll 1 6/ S R A PATH: G/DRIVE /ADMINISTRATIVE/ADMIN/LANDUSE C liu E DOCS THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0002.2017.ASLU PROJECTADDRESS 420 E COOPER AVE PARCEL ID 2737 182 16 301 PLANNER BEN ANDERSON CASE DESCRIPTION RED ONION VESTED RIGHT REPRESENTATIVE BENDONADAMS, LLC DATE OF FINAL ACTION 04.03.17 - NO RESOLUTION/ CASE WITHDRAWN CLOSED BY ANGIE SCOREY 7.31.17 Â¤ pmmits 2 7 37. 1â‚¬2 - - SO / - 02.20 f 7-74Â·SE-U x ~file Edit Record Navigate Fnrm Reports Format Iab Help 7IIIIIIIIIIIIIIIIIIB 18-:.4 1== 1.vI.#..= . i #-I 6 0 id 63.] i ]4 4 N w p Â£1 gk Jumpl_, : 91 i *91,9 1 i e ~ a a a [3 '.lim i .9 % 2 9 4#18 2%.*{ ~ ] Main ~ Custom Fields RogUng Status l Fee Summari 1 Â¥Sons ~ Roubng History I Cp,+An '12/2:~~7'-. *I-~.--,-=7~~I6,~2ym37 ~Tr:-C: : yâ‚¬95Â¤19fm0./.....' ~~'~' Permittybâ‚¬~aslu , Aspen Land Use ~~~~ 0002.2017.ASLU ~. Address 420 E COOPER AVE I Â· Â· Apt/Suite 1 Z+4% I City ASPEN us--~ State CO I , Zip 81611 :8%# Permit Information dEme"Â£:5=.=--"""*'*~"'-~* --'----- ~ Master permit f Routing queue aslu15 Applied 01/11/2017 Project Â¢Â· Status pending Approvec 1 + Description APPLICATION FOR 414-422 EAST COOPER.AVE, RED ONION EXT OF VESTED RIGHTS Issuec v NOT RECEIPTED N EDEN YET - 1.11.17.AJS| Submitted CHRIS BENDON 925 2855 Clock Running Days ~-0~ Expires 01/06/2018 |, Submitted via J v INE( N â€¢,9:I. â€¢ -ep-'-.-Â·- 1/' Owner Â« .=Â¥=*'Er 41Â£ Last name HUNT ~ Â· Â· First name MARK 2001 N HALSTEAD ST 3C4 Phone (312> 850-2680 Address CHICAGO IL 60â‚¬14 Applicant Â® Owner is applicant? El Contractor is applicant? Lastname HUNT |Â·Â·' First name MARK 2001 N HALSTEAD ST 304 Phone (312> 850-2680 Cust # 30371 !. . Address CH ICAGO IL ECâ‚¬Â·14 Email Lender Last name ~Â·Â·Â· First name Phone () - Address AspenG old5 [served I ! angelas I ~9Ill 101 1 24-cuL-j U. 1+ 2(42- n & sL Ya 41300 Mot Q. 87(/1 D 2uay #: 0 5 20042- ~~93~111~111 $ Summary of Council hearing - 4/3/17 1. Council decided not to remand HPC Resolution 35, Series of 2016 for the combined project at 434 E. Cooper. 2. Applicant pulled the application at the meeting and made assurances/representations that they would affirm vacation of the vested rights upon the full vesting of the 434 E. Cooper Project 3. The affirmation of vacation will take place via an instrument (probably a letter) acceptable to the City Attorney There is no resolution - the case was withdrawn. Ben Anderson From: Chris Bendon <chris@bendonadams.com> Sent: Monday, April 3, 2017 4:58 PM To: Ben Anderson CC: Jody Edwards Subject: 434 / Red Onion Penthouse Hi Ben - Regarding the Red Onion penthouse, sounds like you would like us to affirm our intent to divest in the penthouse approval if the 434/Red Onion project is upheld. That is our 100% intent. If the project is upheld tonight we will extinguish all rights to the penthouse approval concurrent with the City issuance if a fully vested Development Order forthe combined 434 e. copper/ Red Onion annex project. We will want to wait through the necessary DO publishing timeframe and an opportunities for City Council to change its decision (at the next meeting) and any appeal timeframe that needs to run. We will extinguish the right in a form acceptable to the City Attorney and the Community Development Director. Cheers, Chris Bendon, AICP BendonAdams 300 So. Spring St. #202 Aspen, CO 81611 (970) 925.2855 www.BendonAdams.com Chris Bendon BendonAdams (970) 925-2855Work chris@teidonadam;com 300 So. Spring St. *202 Aspen, CO 81611 www.bendonadams.com 1 Ben Anderson From: Chris Bendon <chris@bendonadams.com> Sent: Thursday, March 23,2017 3:54 PM To: Ben Anderson CC: Jessica Garrow Subject: RE: Vested Rights Extension Thanks Ben, here'sourcomments- On the extension reso we'd like to use different language than "concluded." The Council deciding to remand the project back to the HPC could be thought to be the conclusion of the call up process. Its not what we think you're intending. Could we go with "become vacated upon approval of the final development plan and issuance of a development order." We also thinkthere should be a point at which we as applicant affirm the vacation of the penthouse rights, which we are fine with doing as long as the combined 434/RO project is fully approved and vested. On the three months, we suggest having a decision-based timeline rather than a specific date deadline. I'm not sure how quickly we could be back in front of HPC. It may not take three months, but it could also run over for some reason. I'd rather not be panicking over a hard date if we have a quorum issue, etc. Could we go with "is extended for a period of time necessary for HPC to reconsider and either affirm or amend its decision and for the City to issue a development order." If partnered with the language above the rights would extend through a decision by the HPC and issuance of a DO. It can take three months to get to an extension hearing with Council and we don't want to have to apply the day after this is adopted to get into position. So, we think having the extension based on a final decision serves us all better. On the denial reso, were not big fans of having our request denied conditioned on having our current rights revoked. We're not sure the City has any basis to revoke our current approvals and the values are so high we are not in a position to just accept losing our rights. We totally understand if you're trying to get at not having two simultaneous approvals and there's probably a more constructive way to get there. If the project is upheld and we come out of this with a fully vested project we have no issue with formally vacating the penthouse approvals. We can talk more on the logistics of this with you if you'd like but are very open to how the combined 434/RO project approval replaces the penthouse approval with no overlap. Thanks for letting us comment on the draft!! Much appreciated. Best, Chris From: Ben Anderson [mailto:ben.anderson@cityofaspen.com] Sent: Wednesday, March 22, 2017 8:37 AM To: Chris Bendon <chris@bendonadams.com> Cc: Jessica Garrow <jessica.garrow@cityofaspen.com> Subject: Vested Rights Extension Good Morning, Chris -these are the two alternative resolutions for the Vested Rights Extension. 1 In essence, if Council remands 434 to MPC, we are recommending a 3-month extension for 422. If Council does not remand 434, we are recommending denial of vested rights extension and vacation of existing rights (through 5/17) for 422. Please review and let us know if there are any concerns (by Friday afternoon if possible). Thanks, Ben Ben Anderson, Planner City of Aspen Community Development 130 S. Galena St. Aspen, CO 81611 970.429.2765 Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the senderthat you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. 14 We are amending the Land Use Code to further incorporate the Aspen Area Community Plan (AACP). To do this. we need your feedback on what you think these revisions might mean for the future. It. s your Aspen. have your say ! . 1 2 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. 20, Series 2017 - Public Hearing MEETING DATE: April 3, 2017 APPLICANT/OWNER: STAFF RECOMMENDATION: 414-422 East Cooper Avenue, LLC If City Council affirms HPC Final approval for the combined project at 434 E. Cooper, Staff REPRESENTATIVE: recommends denial of the Extension of Vested Chris Bendon, BendonAdams, LLC Rights and the vacation of remaining vested rights for 422 E. Cooper. The vested rights for LOCATION: the Red Onion Annex project would be vacated 420/422 E. Cooper Ave., a property containing Red upon publication of a Development Order for Onion offices, bar and the Red Onion Annex the combined project that includes 434 E. Legal Description: Cooper. 420 E. Cooper, Lots -N,O,P Block 89, City and Townsite ofAspen, Colorado. (also known as Or the Red Onion Annex) If City Council remands the combined project with 434 E. Cooper to HPC, Staff recommends CURRENT ZONING AND approval of a three (3) month Extension of APPROVED USE: Vested Rights for the approved project at 422 Commercial Core (CC); Current site-specific approvals E. Cooper to allow completion ofthe HPC allow for demolition of the existing one-story Red review process. Onion Annex at 422 E. Cooper (preserving the existing fa,pade) and the construction of a 3-story mixed-use SUMMARY: building with commercial use on the ground floor and a The vested rights for this property include a free- free-market residential unit on the 2nd and 3rd floors. market residential unit on the 2nd and 3rd floors of Approvals were granted by 1-{PC in 2012 (Conceptual) a mixed-use building. This use (both the free and 2014 (Final). Vested rights were set to expire market residential and a non-lodge 3rd story) has January 16,2017, and have been previously extended to been prohibited by the Land Use Code since May 15,2017 by City Council Resolution. February of 2013. The applicant purchased the property with these development rights in place, PROPOSED LAND USE: but is currently working with the Historic The Applicant is requesting a further six (6) month Preservation Commission on a project that would Extension of Vested Rights for 422 E. Cooper to combine this property with a larger project that secure final approval with HPC allowing coordinated includes the adjacent property at 434 E. Cooper. development with the adjacent property at 434 E. The Applicant is concerned that i f the combined Cooper. project is not ultimately approved, there would not be time to submit a building permit to execute existing development rights. Page 1 of 6 Resolution No. 20, Series of 2017 LAND USE REQUESTS 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 HISTORY: A Development Order for 422 E. Cooper was issued to the previous owner of the 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 were set to 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 involves the preservation of the existing front faGade and the demolition of the remaining single-story at 422 E. Cooper. 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 of 38 feet. No changes to other structures on the site were proposed. 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 o fficial at the time of building permit. The two most notable aspects ofthe project approved by HPC 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 The Applicant applied for an Extension of Vested Rights prior to the original expiration and was granted a five-month extension (to now expire on May 15, 2017) by City Council Resolution 109, Series of 2016. This extension was conditioned on the Applicant pursuing a combined project with the redevelopment of 434 E. Cooper which would possibly use 422 E. Cooper as the location for vertical circulation elements of the combined project. In their discussion, Council approved the extension to allow time to consider the combined project - and importantly, to pursue potential outcomes that would reduce the height and eliminate the free-market residential use in the existing approvals. This application seeks to extend the existing development rights for an additional six (6) months to allow more time for the submission of a building permit for the original project should the combined project fail to receive a Development Order at the conclusion ofthe current Call-up process. Page 2 of 6 Resolution No. 20, Series of 2017 PAINTED MtiAL PANELS-tj T-ElE i AIOR BE YOND ISEE PLAN) :rION[--\ p tr:~INTED METAL WINDOW & OOR SYSTE~ 6 TO '911 ' EL- 136' & -1 \17 HIGH! ESTIMATED ~ 1 AfFEN PAINTED STEEL , ~-EXISTING PED ONIC)f4 p./'C ~// RAILING 6 TO PARAPET OFFICES HEIGHT t ~ ~/.,v,,i 1W#-i=~/-PAINFISTEI ACCENm AMNCOWSÂ¥Sle,1 ES;IMATED 9 EL- 12" ~~,Â·-SANDSTONE /*'10 m g rm Ii-1-1-Trill*Â£4#1 E, . . . ~: 1 14, I-= : rÂ·y,7,-A.,1.9-K~, ant~,ip--14 # F F EL-113 0Â· 11 11 Ii============= ' VT--T- - 71,0/I 4PROPOSED NEW fillit 6 U RECEFIC/MENI ____ ~~__~__~_~___~~~_~~~ ~~~~~__ _ 'F F F EL- 100 0 l % -ExiSANG HIS[ORIC Fâ‚¬IDE TO 8â‚¬ 4 PRESIVEAND RITORED \ -PAINTED IEEL TRIM Â»AINTED STEEL & FROSTED GLASS miLL 'CO' Figure 2. The approved project in context. (FOSS Architects) From 2012 Conceptual application 1 1:--27 1 - 1-3-1 --101*i# 13-71- -- ~==FF . $1''' IF|'2 0 1| Ir Ground Floor -.9 1 .â€žâ€ž.- 4 (Commercial) . L / ...â€žre - . , 14 / 2..' 1 1 - 1 . I 1 11 1 â€¢r* -u ; Ilt i - -12-2 1 1 ., 111 1 111;11.tli-[1 1 l j i , -1 4 _ Second Floor : (Free-Market Residential) .1 ~ El 31 - 1 1, 111 '-4. -11 - - 111 11 1 1 1 1 1 -1 , ' ~ Third Floor ' 1 7.. (Free-Market Residential) . 1 ~ jj) ja 10 - h 11 11 W â‚¬ 1 j - -- Figure 3. Floor Plan of Approved Project. (POSS Architects) From 2012 Conceptual Approval application Page 3 of 6 Resolution No. 20, Series of 2017 Cooper Avenue Mall STAFF COMMENTS: Staffsupports the potential outcomes ofthe combined project, and agrees that the Applicant has made a good faith effort to pursue the project through the Historic Preservation Commission. However, if the combined project is not ultimately approved, staff remains concerned about the perpetuation of development rights for a use and dimensions that have not been allowed by the Land Use Code for more than four years. The process for the combined project (422 and 434 E Cooper) has moved as expediently as possible through the HPC process (including a specially scheduled meeting in consideration ofthe Applicant's time constraints). After approval by HPC on November 30, 2016, the project could have been scheduled for Call-Up Notice at the January 10, 2017, City Council Meeting. This would have allowed the project to proceed through Remand with HPC by March 8,2017. If this schedule would have been followed, and the combined project did not receive approval, the original project for the Red Onion Annex would have had two months of vested rights remaining to submit a building permit. The Applicant declined the January 108 agenda slot for Call-Up Notice and requested a later date where Call-Up Notice and a Vested Rights Extension Request could be considered simultaneously. At the Applicant's request, a scheduled February 1 3tll hearing was again delayed. April 3rd was the next available opening in the agenda. If Council remands the project back to HPC, the public hearing would not be until May 10,2017 - and would essentially correspond with the expiration of the existing vesting period for 422 E. Cooper.. 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 of the City and the applicant that would be served by the approval of the extension or reinstatement request." If Council accepts HPC final approval of the 434 E. Cooper project, the Land Use Code prohibits a single property from having two concurrent development applications (26.304.030.F). With previous direction from Council to encourage the combined project. an application for a second vested rights extension was accepted, but runs contrary to this provision. Therefore, if Council decides not to remand (confirming HPC approval of the combined project), staff does not recommend granting further extension for the 422 E. Cooper project and recommends vacation of the existing vested rights upon publication of a Development Order for the combined project. This would prevent the project at 422 E. Cooper from holding vested rights for two separate development approvals. However, if Council remands the 434 E. Cooper project back to HPC, Staff finds that a continued extension is warranted to facilitate the combined project. Staff recommends a reduced extension of three (3) months to encourage continued progress on the combined project. Additionally, a condition is part of this recommendation that vacates the vested rights for the 422 E. Cooper project upon publication of a Development Order for the combined project at 434 E. Cooper. Page 4 of 6 Resolution No. 20, Series of 2017 RECOMMENDATION: Staff s recommendation is dependent on Council's decision regarding the potential remand of the combined project. A) If Council accepts HPC final approval for 434 E. Cooper and does not remand the project, Staff recommends a denial of the Extension of the Vested Rights, and the vacation of the existing vested rights for the 422 E. Cooper project. The vacation of vested rights for 422 E. Cooper would be effective as of the publication of a Development Order establishing vested rights for the 434 E. Cooper project. Or B) If Council remands the project back to HPC, Staff recommends a three (3) month extension of vested rights, originally established by HPC Resolutions No. 26, Series of 2012; and No. 2, Series of 2014, subject to the conditions below. The new expiration date for the vested rights would be August 15,2017. 1) The vested rights of the approved project for the Red Onion Annex (422 E. Cooper) become vacated if and when a Development Order for the combined 434 E. Cooper and 422 E. Cooper project (HPC Final Approval - Resolution No. 35, Series of 2016) is published. 2) That the establishment herein of a vested property right shall not preclude the applications o f 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 effect at the time of building permit, unless an exemption therefrom is granted in writing. RECOMMENDED MOTIONS: There are two draft resolutions: Version A - If Council accepts HPC Final Approval "I move to approve Resolution No. 20, Series of 2017, denying extension of vested rights, and vacating the existing vested rights (set to expire May 15,2017) for 420/422 E. Cooper Ave., known as the Red Onion Annex, originally approved by HPC Resolutions No. 26, Series of 2012 and No. 2, Series of 2014; upon publication of the Development Order for the combined project." Version B - If Council remands the combined proiect to HPC "I move to approve Resolution No. 20, Series of 2017, approving a three (3) month extension of vested property rights (to expire August 15,2017) for 420/422 E. Cooper Ave., known as the Red Onion Annex, subject to conditions, originally approved by HPC Resolutions No. 26, Series of 2012 and No. 2, Series of 2014." Page 5 of 6 Resolution No. 20, Series of 2017 CITY MANAGER COMMENTS: EXHIBITS A - Review criteria and staff findings B - Application for Extension of Vested Rights, Dated January 10, 2017 C - City Council Resolution 109, Series of 2016 D - HPC Resolution #2, Series of 2014 - Final Approval E - Public Notice Affidavits Page 6 of 6 Resolution No. 20, Series of 2017 DRAFT - Denial of Extension and Vacation o f Existing Vested Rights RESOLUTION NO. 20 (Series of 2017) A RESOLUTION OF THE CITY OF ASPEN DENYING 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, In January 2017, The Community Development Department received an application from 414-422 East Cooper Avenue, LLC, represented by Chris Bendon, of BendonAdams, LLC, requesting approval of a six (6) month 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; this extension request was in addition to the previously approved extension (five (5) months, set to expire May 15, 2017) City Council approved with Resolution 109, Series of 2016; and, WHEREAS, the director of the Community Development Department issued a Development Order extending vested rights; effective September 8,2016; to expire May 15,2017; and, WHEREAS, The Community Development Department acknowledges that an additional extension may be appropriate in order for the Applicant to conclude land use reviews that have been pursued with the HPC since October 2016 to revise and reduce the extent o f development on the subject site; and, WHEREAS, City Council has accepted Historic Preservation Commission Resolution No. 35, Series 2016, granting final approval to a project involving this property and the adjacent property at 434 E. Cooper; and, WHEREAS, the Aspen City Council has reviewed and considered the requested six (6) month 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 this Resolution furthers and is necessary for the promotion of public health, safety and welfare. Resolution 20, Series 2017 Page 1 of 2 DRAFT - Denial of Extension and Vacation of Existing Vested Rights NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO, THAT: Section 1: The Aspen City Council does hereby deny an Extension of Vested Rights and further orders the vacating of the remaining vested rights established by a Development Order effective September 8,2016 and set to expire May 15,2017. This vacation is effective as of the publication of a Development Order establishing vested rights for a combined project involving 422 E. Cooper with an adjacent property 434 E. Cooper; approved by HPC Resolution No. 35, Series 2016 and considered for call-up by City Council during their regular meeting on April 3,2017. 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 o f any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitutional in a court ofcompetent 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 3rd day of April, 2017 at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado. FINALLY, adopted, passed and approved by a X to X (X-X) vote on this 3rd day of April, 2017. Approved as to form: Approved as to content: James R. True, City Attorney Steve Skadron, Mayor Attest: Linda Manning, City Clerk Resolution 20, Series 2017 Page 2 of 2 DRAFT - Three (3) Month Extension RESOLUTION NO. 20 (Series of 2017) A RESOLUTION OF THE CITY OF ASPEN 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, In January 2017, The Community Development Department received an application from 414-422 East Cooper Avenue, LLC, represented by Chris Bendon, of BendonAdams, LLC, requesting approval of a six (6) month 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 of 2014; this extension request was in addition to the previously approved extension (five (5) months, set to expire May 15, 2017) City Council approved with Resolution 109, Series of 2016; and, WHEREAS, the director of the Community Development Department issued a Development Order extending vested rights; effective September 8,2016; to expire May 15,2017; and, WHEREAS, The Community Development Department acknowledges that an additional extension may be appropriate in order for the Applicant to conclude land use reviews that have been pursued with the LIPC since October 2016 to revise and reduce the extent o f development on the subject site; and, WHEREAS, the Aspen City Council has reviewed and considered the requested six (6) month Extension o f 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 furthers and is necessary for the promotion of public health, safety and welfare. Resolution 20, Series 2017 Page 1 of 3 DRAFT - Three (3) Month Extension 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 for a period of three (3) months, to expire August 15. 2017, for the project originally 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) The vested rights of the approved project for the Red Onion Annex (422 E. Cooper) become vacated if and when a development order for the combined 434 E. Copper and 422 E. Cooper project (HPC Final Approval - Resolution No. 35. Series of 2016) is published. 2) 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 effect at the time of building permit, unless an exemption therefrom is granted in writing. 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. 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 3rd day of April, 2017 at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado. Resolution 20, Series 2017 Page 2 of 3 DRAFT - Three (3) Month Extension FINALLY, adopted, passed and approved by a X to X (X-X) vote on this 3rd day of April, 2017. Approved as to form: Approved as to content: James R. True, City Attorney Steve Skadron, Mayor Attest: Linda Manning, City Clerk Resolution 20, Series 2017 Page 3 of 3 I \ Exhibit 1 RESOLUTION NO. 109 (Series of 2016) A RESOLUTION OF THE CITY OF ASPEN 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 BendonAdams, 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 of2012 and No. 2, Series of 2014; 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 fuithers 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 RECEPTION#: 631547, 08/19/2016 at 09:26:09 AM, 4 Resolution 109 (2016) 1 OF 3, R $21.00 Doc Code RESOLUTION Page 2 of 2 Janice K. Vos Caudill, Pitkin County, CO j .. 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 ifthe 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 will 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 ofany 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 I . 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 ofcompetent 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: tpw:;vedrs 'tuÂ»ntfnty f Qe.-54.-- 74- Â»/1 / :la~es R. True, City Attorney SteveÂ®kadrc n, NGA; Atwst: r Â» tu/94 Linda Manning, City Clerk Resolution 109 (2016) Page 2 of 2 MEMORANDUM TO: Mayor Skadron and Aspen City Council THRU: Jennifer Phelan, Deputy Planning Director FROM: Amy Simon, Historic Preservation Officer RE: Call-up of HPC's approval of Final Major Development, Final Commercial Design Review, Growth Management, and Substantial Amendment for 422 and 434 E. Cooper Avenue, HPC Resolution #35, Series of 2016 MEETING DATE: April 3.2017 PROCEDURE FOR CALL-UP: In February, City Council voted to call-up a recent HPC approval for discussion. The call-up procedures are as follows. During a public meeting, City Council shall consider the application de novo and may consider the record established by the HPC. The City Council shall conduct its review of the application under the same criteria used by HPC. City Council may take the following actions: 1. Accept the decision, or 2. Remand the application to HPC with direction from City Council for rehearing and reconsideration, or 3. Continue the meeting to request additional evidence, analysis or testimony as necessary to conclude the call-up review. If Council remands the application back to HPC, the rehearing and reconsideration of the application by HPC is final and concludes the call-up review. If, during HPC's rehearing, substantial changes are made to the application outside of the specific topics identified by Council, a new call-up notice would be required; however that second call-up review would be limited only to the new changes to the application. In this case, Council's decision whether or not to remand the project will also factor into the decision whether or not to grant an extension of Vested Rights for a previously approved development application for the 422 E. Cooper property alone, a separate item on this Council agenda. In the case of a remand, which will require additional hearings before HPC, an extension of Vested Rights may be appropriate. If Council chooses not to remand, then a Development Order will be issued for the 2016 approval for the subject project and the Vested Rights for 422 E. Cooper should be terminated. BACKGROUND: 422 E. Cooper is a building which currently has vested rights for a large addition and free market residential unit allowed through a 2012 LIPC approval. The building is the former home of the vintage poster shop and is now occupied by Tesla. It sits on the 9,000 square foot lot that is shared with the Red Onion. 434 E. Cooper is an existing building which is proposed to be completely demolished and replaced. It is commonly called the Bidwell building. The 422 E. Cooper property owner approached City Council in August 2016 for an extension of Vested Rights for the 2012 approval, which was granted for a period of five months, to May 2017. Council granted a three year extension of Vested Rights if the applicant would pursue a revised and reduced project that would combine functions at 422 E. Cooper with the adjacent property at 434 E. Cooper, also owned by the applicant. One of the conditions to allow the revised project to proceed is that Council would be given a Notice of Call-Up to review the outcome ofthe process. HPC reviewed the combined 422/434 E. Cooper project on October 26th, 2016 and continued it, finding that the proposal did not comply with conditions that both HPC and Council established at previous review steps and did not comply with the design guidelines. A special meeting date of November 30th was scheduled in order to address the applicant's concerns about the approaching Vested Rights expiration for the 2012 project on the 422 E. Cooper site. Shortly before the November 30th packet deadline, the applicant indicated to staff that they were prepared to respond to the HPC and Council direction for the 422 E. Cooper site, but that they wished to submit a revision to the 434 E. Cooper project that departed from what HPC had reviewed in October. Staff indicated that revising the 434 E. Cooper plans was potentially problematic because the issues of mass and scale had already been resolved at I-IPC's 2015 Conceptual review of the project and the approved design had been sent through the standard Notice of Call-Up to Council. Staff provided suggestions for more closely adhering to the HPC Conceptual design, while still addressing concerns stated at the October 26th Final review hearing. The applicant did not respond to those suggestions and submitted a design that staff indicated would, at the least, require a new notice of call-up to Council, should it be approved. On November 30% Staff recommended that HPC continue the application for restudy of the 434 E. Cooper proposal, as described in the attached memo to the Commission. Staff supported the proposal for 422 E. Cooper, a comparison of which is shown below (the vested 2012 approval is on the left and the approved November 2016 proposal is on the right). 2012 i 2016 .A Â»LIM --.-10 ./14 ...S -tÂ»tul == '0--1~'--22 --. r E./4/7// CvE't<UN .1 1 === ~*~~/ BEYOND ,- BM:CK[)5-TALNG.~ -I ....0......0.* '.1.Â¢r... ~fft-JITTIT- 1 ...''Lin Mm E~~;6;ME~~tmito . 2= L MEMOZE.I 6 -*.ED STC>~.IONT :To...c I. r-*1**4-- V.'INDOW 2'4TMA'*SE ELEVAnON Regarding 434 E. Cooper, staff objected to the massing of the proposed new building, finding it to be inconsistent with the form of historic structures in the immediate area (particularly due to the recessed upper floor) and found that more analysis of the project compared to the surrounding context was appropriate. Staff also recommended restudy of fenestration and architectural details. Staff found that there were inconsistencies in the plan sets that required clarification and staff was opposed to allowing the applicant to address their Public Amenity mitigation through improvements to the Galena Street sidewalk area (rather than on-site mitigation or cash in lieu payment) for two reasons; first, the current priority for mitigation funds is to allocate them towards the Pedestrian Mall restoration project and second, the applicant also asked that the Galena Street improvements be used to satisfy their Transportation Impact mitigation, therefore receiving credit twice for one action. On November 30, 2016, the Historic Preservation Commission approved Final Major Development, Final Commercial Design Review, Growth Management, along with a Substantial Amendment to the 2012 approval to renovate 422 E. Cooper, by 5-0 vote. Regarding attendance by the 9 member board, the 1. meeting was a special meeting held at lunchtime, and ran past the ........ 2 -/ 1 , 4 . 4, y '241.. : expected timeframe resulting in .1 Â· i one HPC member needing to Ill I - ij-_ - -1-*r-FF.71-7-I.. depart before the vote was called. One HPC member did not attend 4. f , IL 1 - â€¢i.* 1, the meeting due to illness and two 9 4 LIPC seats were vacant. At right is Â·* . .- I .uata --d...... a rendering of the approved 6 Â· project. At the November 30th meeting, while the HPC strongly supported the revised project, there were a number of conditions for further study of architectural issues that the board found were either not clear on the drawings, or needed further evaluation by staff and monitor, such as selection of the brick that will be used to face the building. These will be resolved prior to building permit. HPC permitted the Galena Street improvements to count for both Public Amenity and Transportation Impact mitigation. RECOMMENDATION: While staff raised concerns with this project, HPC's vote was unanimous. Staff recommends Council uphold HPC's decision. RECOMMENDED MOTION: "I move to uphold HPC Resolution #35, Series of 2016." CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A: Staff memo to HPC, November 30th, 2016 Exhibit B: Staff memo to HPC, October 26th, 2016 Exhibit C: Approved plans, November 30th, 2016 Exhibit D: Plans continued for restudy, October 26,2016 Exhibit E: HPC minutes from October 26th and November 306.2016 Exhibit F: HPC draft resolution Exhibit 2 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 ofAspen, 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 o f 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, ofthe 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 o f 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 of 2014 1 OF 12, R $66.00 Doc Code RESOLUTION Page 1 of 4 Janice K. Vos Caudill, Pitkin County, CO - 1 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 o f 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 fagade is approved with the condition that a structural assessment of the front fa~ade 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 in Section 26.575.020.F(4) 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) 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. f. The proposal is determined to have a minimal impact on the viewplane due to the existing development that already blocks the viewplalle 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 of the existing building is granted. The front fagade is to remain in place. Demolition ofthe front faâ„¢le, defined as removal of 40% of the existing front fagade 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 of 2014 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 o f 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. i Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval ofthe 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 o f final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. [signatures on the following page] 420 East Cooper Avenue HPC Resolution # 2, Series of 2014 Page 3 of 4 Jay Mpytin, Chair Approved as to Form: I\.lk A L16072/ ' Debbie Quinn, Assistant City Attorney ATTEST: , t ; EN40.-/1 7641 Kathy Strickl:ind, Chief Deputy Clerk Exhibit A: approved plans and elevations 420 East Cooper Avenue HPC Resolution # 2, Series of 2014 Page 4 of4 Al.6.i k poss ARCHITECTURE + PLANNING 464 4-2-ls,wi 2014- Ii, 'lit,I,~.1,1,1 4.M, Ci,ilili ,~ilk LI i;.. . i,1. L') 110 j 11~ .6 1 | - 'INTED... Pâ€¢ME. L -i- -~==1.14-_. dI .. -IC:-3 *.).4.. -~FF---~'7~ifi~-~Â·'- .pti Ittil-u 1 k=*i . 1. .... PAI.TEDM~AL DOORAND WIMDOW SÂ¥5* 01=311 /'.11"FLWE & 4-~.81 ,. 0120=__.-%1-P.-O-Â·LOUA'-L - 50 ./.mnC:UB~Sloll la:=233&=JEE=Â©-0 1 1 + CE..r L 1 1- 'ININ I.U. El- .IC. ... .---Â·--Â·--Â·Â·-Â·---Â·-5ANDSTO~EACCEMÂ·TI Â·~4_3 ---- P./.0 â€¢â‚¬T. GUARDRAIL 194, I -' 1,Â·-~f-:9~32/02Â£:2 Â£=i M=&62*3 ka =Â¥9=*a2 4. , ./.r -- 0 4,11.1,1.---I *~ -'~ -:~~ ---------t~Z~TW'%;2%~~o 11- MTEREE 1 1 h=== - ~~D~en.DBRIA.MATCH EXISTIN' 422 E. COOPER I .0~09!0 11[510(11â„¢~ AINTED D:W===P' 1,== Aspen Coloi./ :EN i A-~-~' = *EDGLAS,0000 _za-4 2 t t S.A.* i t- ./â„¢ 10.1All ..7.0/Rr '....SED.Irle'.d/EN'. i Â«Cl~AMS *11.11 M~C~ID 21317. WbAIi,1 62 Z+DRI.Â«- â„¢EITH â€¢I01Â·UllUUWLMANdâ€ž 4 SOUTH ELEVATION ~OUTH ELEATION A201 I â€¢13 -0/Zl.. HE/Wla :GlaÂ» a. IJ~ IVf029,1/2013~21330~00 422 E Ceoper 11/Ba,pine,f,Of-ID's~ 101 LOWER lEWL PL~N I, - poss ARCHITECTURE + PLANNING '11 i., PAINTED}~ETA. ~ANMTONEACCENT 811'CR 8-9 62---- - i '.'SM Roni ....7 11 - - 1.71 -d: ..4 *-ri=r - CO'ORED P.CAST CCIâ€¢CRUE CAP 1.... .- 1 -- GROUNDFAÂ£*CMU Z] Â«â‚¬=P I IC~3-0 PDMI-.m.. COLO~ED PRECAST - CONCRtIEL- **CE:-1.33=-=i~ PAINTCOME-AL 413;Ii -â€¢.9;21 5ANOSTONEACCENT - ---2------. .--------- 8/r' - . M.'..".*.- I g 12â€¢Â·e 1 11 R 16/ . lfÂ¢01,6 Npri #FH fta= I u_/1,0 422 E. COOPER k Aspen, Co~f. - - &4*1NmN'-' .RUM 211WI -- 9~ETT,Lg EAST ELEVAnON ~_EAST ELEVATION A202 ID 'J ....4.,Â£ ' ...Ct D 2013\21330.00422'CÂ®p'Rede,elQpnennD,3~n'Ut01 [OW[RIEVELPLAN- 11.-- 1 poss ARCHEECTURE + PLANNMG 0 .1,1.1.L.,Aâ€ž,1,1 IT. 1,""' ". "",2.1." U C.-= .ReiTED 'Efl' ~NOSTQNE~CE. BRICK 4_13/ . rs,Npr.~A,T - Ill - COLORED PRE:57 - ; r.-=r---7.-O-*Â·â€¢C- CON[~EfECA#} 1~ Â·' 1 -:E - =-:E:r-=:1~-= CROUNDFACECMU -Eâ‚¬==2*RE - h- I /73 d 'LA.-/1 I .1. ./1 'INISH.I. 422 E. COOPER ...Colorado - t r=, 9.1$â€ž,loo. 1 UJJY y . /.'4.11/ W. 21]1700 -U 4111 - LEM'l P~. SIETTru WEST ELEVATION ~1_.NEST ELEVATION A203 \423/ . .iÂ·I el, '80.1.. .oÂ·Â£[ B. ;0.ZI'. 22:1:0~2~201311]30.00 422 E CoÂ©per Red,Ilopme,ir. in,i'A~01 - LOWER LEVEL PlAN 4 poss ARCHITECTURE + PLANNING 1,0 '1, 1," C,~,I,~r 4 ./1........ + .172[r -COLOREDPRECAS- - CONCRETECAP --CO./.PRECAST CONÂ¢RgeuNTEL 1 5 / 1/83-I .I.k:/1~'ll -: 11Â· -1 I I ...1.I ':IM.O. . I. 124/ 1 CONG'/[UNT' 11 - 1' --- GRO./OFACE-U i $ 1[mr'Â»1311 - 422 E. COOPER ..n, Colof,do lili 1 1 41' ~Â»ttdi , rÂ®-- Â·-........ 11: .fNTED... DOON 1 '/ ./. 64$ :&... ~UC'IQ mllÂ® *fu. -Â¥T= NORTH ELEVATION A204 Â© p-RTH ELEVATION- Â® mi] ....2,â€¢, I~-il -- 1!23!t ButÂ°j 2013\2] 330 00(22 E Cooper Red,welopmentylr@wiâ€¢,s'Al!11 [00!ER I EVEL PLAM I tâ€¢Â« . E..4...: ght-- 31 poss ARCHITECTURE + PLANNING m ,., ..1.1'INT 1,1.,1,â€ž'..lili 0 lt..1 h lili h I 0 lr----6,_ MECH IlÂ»Ft n-futt - RESIDENTIAL ~ i 1 : 3Â£ . 413=z/- 6 ' 1 1. ..tr 263 .4 fl 2- IL.. 11 ik ==S, NEW RETAIL 957,~M 11 9 9-E G Â«p.:6.1. fe.9.-47 422 E. COOPER 139* - 2 ./.Caf# '.*IRN Â· L i,96 W 4#*11.3. .., 0.'Ek-- LP.(].0. .......10 11- MAII # . 7 4 .Cll'. 9 | 11~ I 16*4. . 1... 10... 1 ,!In*Elle 1/ 1-2 4.- Â· -mi 4,1."....P.... D~TrnI 441 FAIL al NIAMâ€¢6 -V MAIN LEVEL PLAN 6,Mhlt & 2-hâ€¢jOU-iâ‚¬â€¢r CCLMAIN LEVEL PLAN A104 e/ 1-Â·r, . .4.4 -1;Â¥4**'t Â· poss ARCHITECTURE - PLANNING il.1~.LI. lilli .- . oÂ· - 0 -- 2 111'r I 11,1-, 7-- - i 1 1' Â© minÂ·-5u~M= , - ]- 6 ~ RESIDEFIAL - 1 [ED i ] -â‚¬ 110241~ 422 E. COOPER As- /./0 M.....~T'Â£.IE'.' air.=* -IltÂ¥El . -7----1 ,â€¢*g. !13I7.Do -U DIrT-ru 1fill FM- MlwkliFIAL wwsÂ¥- 4- SECOND LEVEL PLAN V441 % tlf. izaH/,pjAAE##Fispi.* 45/--~52!!DLEVEL PLAN A105 g Â® 2113 1-'ma., â‚¬J 7'T D:*el,/4 201391 310 00 422 E Coopef Rede.*1,-iÂ·:*.In,i'AlOI Â· l[MR i f VEL A AM de s Â® BendonAdams December 27, 2016 f â€ž"' 0,-.-i' .62 3 Y r 3 P Ms. Jessica Garrow, AICP 6,~ lo ~17 Community Development Director 01: TÂ¥ E-) fÂ· ..497*EN City of Aspen , ,/ ~ ~~~~'. .2,1 2.v tÂ¥141 AbrÂ·f.'- IA, f 130 So. Galena St. Aspen, Colorado 81611 RE: Red Onion Extension of Vested Rights Ms. Garrow: Please accept this request to extend the period of statutory vested rights for the 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. The property is legally described as Lots N, 0, & P; Block 89; City and Townsite ofAspen, with parcel ID no. 2737-182- 16-301. City Council granted an extension to May 15, 2017, via Resolution no. 109, 2016. The extension was to enable integration of the Red Onion Annex into the 434 e. Cooper project - the combined project. The extension contained very specific conditions outlining changes to the design and program of the annex building within the combined project. The Historic Preservation Commission reviewed and approved the combined project on November 30, 2016. The project is subject to City Council call-up. If City Council decides to exercise their call-up option, we are concerned about scheduling and overall timeframe. Provided other City Council priorities and HPC scheduling, the call-up and potential remand to the HPC could push against the May 15th deadline. In order to submit a complete building permit by May 150, we must initiate construction drawings now, prior to knowing the results of the call-up. A significant amount of time and resources are needed to prepare a complete set of permit drawings. We are requesting the vested rights be extended for a six-month period to November 15, 2017. We are happy to tailor this timing to fit with City Council and HPC schedules, but request a minimum six-month buffer between any potential denial date and the permit submission deadline. 300 SO SPRING ST 1 202 1 ASPEN, CO 81611 970.925.2855 1 BENDONADAMS.COM ,Â« poss ARCHITECTURE + MANNING il inin C-' *FÂ·I ..0 1/ lite 1 1 3 - 1 I I~S-Il fLU-~Sl-St. 4 t-1 r 11 1 71 1 1 - i : 0 (D- 422 E. COOPER Aspen. Ceado 11%L-O W ~ALCS -R~M irm,ri# ME,1*!mulf/ â€¢Eatf~ 1 0 - 1 -LIE | 11 7 )/ 4. 1 0 1. I... 1 11. 11, 2,1, .Q*m In I 4 l 0, 'Ill' DMG ALL I =. 1 1. IF. 131.0. 1 AlglÂ·'â‚¬Â».U~i'/1.-1 .Im ROOF PLAN -LIDECKANEA*lgOK.15-lam' *~MQ IT ~1Â£Un011 '..!Cal[12 n,Â£91rloc,ugu.tirs,Fla,msqrT.m *All (Xmkl'm Mia,1-0 m*/Ral-..Ina,NI~=71~ 4 041'WAC !IO;~R---.It 4 V*kl 1,~Rppl rv~ OF PLAN A103a A-103* I-Â·. 0.0 ....1. MES.SESBE " Me S'NWKIk'M " 330 00,22 E C oope, R edeitÂ»~,Ir,[Â»In :fA!0! LOWE' 1 EvEl "'.6. 0.:132 ./!:0*'.. poss ARCHITECTURE +PLANNING 11.rn [.igi~,1 Illl, 0 : lilli lilli 1, lili i 9 1 '.:1 1 DECK h 1.5.. 1' 6 RESIDENTIAL . ENISr INGCHASr 1. 1 l i IN : 422 E. COOPER /9.....do 123=ME- ==1=W 1=5&=E" 1 1 115'.9 1...0 1 4 2!311/ *ru. ..L-RDS-. Â¥ At ny- affu|AÂ« was'-- k g.[1% THIRD LEVELPLAN *i Bid- kj -ZOMA,k,~ Offl~uv- Cih_THIRLEYELPLAN A106 0 2911 9~a... 1329 Red Onion Annex Extension of Vested Rights We continue to believe the combined project, integrating the two properties represents significant advantages to the City. The combined project removes the free-market residence, significantly lowers the building, and enables construction simplicity. =-Â« - -,gae.~, /,v N't nxi:*.:... Former design streetscape * =pr . P *Â¢94'- 44 11 , f .3 2=J ji ., i 11LTS"p 1 .r. Current design streetscape ~ COOPER AVE - PROPOSED) STREETSCAPE Rendering of current design Fl~~~00i~fâ‚¬*.~.. ~l.'., id 'p-rilu.1.Will ..,r - 0-E L 1 14@Ill 132*: rÂ·Â·m,% Ideally, we would like this extension request to be considered alongside the call-up review. We believe this would be beneficial to us and the City Council. Attached, please find the project approvals and relevant documents required for a complete application. We look forward to discussing this request with you and the City Council. Please contact us with any questions or concerns. Sincerely, 060Â« Chris Bendon, AICP BendonAdams LLC 300 SO SPRING ST I 202 I ASPEN, CO 81611 970.925.2855 1 BENDONADAMS.COM Red Onion Annex Extension of Vested Rights Attachments: 1. City Council Resolution No. 109, 2016. 2. HPC Reso 2-2014 (Final) with attached drawings 3. Pre-Application conference summary 4. Land Use Application and Dimensional Requirements Form 5. Response to Review Criteria 6. Vicinity Map 7. Authorization to represent 8. Disclosure of ownership 9. Agreement to pay form 10. HOA compliance form 11. List of owners within 300 ft. 300 SO SPRING ST I 202 I ASPEN, CO 81611 970.925.2855 1 BENDONADAMS.COM Exhibit 4 ATTACHMENT 2 - LAND USE APPLICATION /01 PROJECT: Name' Red Onion Extension of Vested Rights RELall/kij LocationÂ· 420 East Cooper Avenue; Aspen, CO 81611 JAN 1 0 2017 Parcel ID# (REQUIRED) CITY OF ASPEN 2737-182-16-301 COANIMTY DEVELOPMENT APPLICANT: 414 - 422 East Cooper Avenue, LLC; Mark Hunt, Manager Name: 2001 North Halsted Road #304; Chicago, IL 60614 Address: 312.850.1680 Phone #: REPRESENTIVATIVE: BendonAdams Name: Address: 300 So. Spring St. #202; Aspen, CO 81611 970.925.2855 Phone#: U GMQS Exemption E-7 Conceptual PUD E Temporary Use Â£ GMQS Allotment F--1 Final PUD (& PUD Amendment) Special Review Subdivision 1 Conceptual SPA 1 ESA-8040 Greenline, Stream Fl Subdivision Exemption (includes ~ Margin, Hallam Lake Bluff, Condominiumization) 0 Mountain View Plane Â£ Final SPA (&SPA U Commercial Design Review 1 Lot Split Amendment) El Residential Design Variance E-7 Lot Line Adjustment Fl Small Lodge Conversion/ ~ Expansion Extension of D Conditional Use Other: Vested Rights E'(ISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Existing commercial building with retail, ottice, 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.) Six-month extension of the period of statutory vested rights - to November 15, 2017 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. 1(970) 920 5050 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Red Onion Extension of Vested Rights Project: 414 - 422 East Cooper Avenue, LLC; Mark Hunt , Manager Applicant: Location: 420 East Cooper Avenue; Aspen, CO 81611 Commercial Core - CC Zone District: 9,000 s.f. Lot Size: Lot Area: 9,000 s.f. (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: O 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: O Proposed O % Site coverage: Existing: 100 Required. 0 Proposed 100 % Open Space: Existing: O Required: 0 Proposed 0 Front Setback: Existing: O Required O Proposed O Rear Setback: Existing: O Required: O Proposed 0 0 Combined F/F: Existing: Required 0 Proposed 0 Side Setback: Existing: 0 Required'. Proposed 0 Side Setback: Existing: O Required O Proposed 0 Combined Sides: Existing: O Required Proposed U Distance between Bldgs. Existing: I Required: Droposed 0 Existing: Required: Proposed: Existing non-conformities or encroachments: Existing conditions. Variations requested: None - Extension of vested right. March, 2016 City of Aoen I 130 S. Galena St. I (970) 920 5050 201 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 4.16 1 a. 22 g Ce>~ es- -AVA. - , Aspen, CO -rk- 14-01 0,43A SCHEDULED PUBLIC HEARING DATE: Hotg A-f# 1 3,-al â‚¬ 5:oof,11,100_ STATE OF COLORADO ) ) SS. County of Pitkin ) 1, 204"5 -a~c--7 ; c c>Â«e-,q (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 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 , i,9 ' property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method ofpubtic notification and a copy Of any documentation that was presented to the public is attached hereto. (continued on next page) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing "Affidavit ofNotice" was acknowledged before me this /6 day of ffwCk _ , 201-2, by 'Ayl- 541 ace-<-3 NOTICE OF PUBUC HEARING RE: 420/422 E. Cooper Ave. - The Red Onlon Annex Public Hearing: April 3,2017, 5:00 PM WITNESS MY HAND AND OFFICIAL SEAL Meeting Location: City Hall, Council Chambers 130 S. Galena St., Aspen, CO 81611 Project Location: 420/422 E. Cooper (commonly known as the Red Onion Annex) Legal Description: Parcel ID# 2737- 182-16-061, My commission expires: 32\(3 Â£00 legally described as: 420 E. COOPER AVENUE, LOTS N, O, AND P, BLOCK 89, CITY AND TOWNSITE OF ASPEN. Description: The applicant is requesting a six (6) month extension of vested rights established by a Development Order issued January 9,2014 with /Oubm fmld TatÂ»MA- conceptual and final approvals granted by HPC in Resolutions No. 26, Series of 2012 and No. 2, Se- Notary Public ries of 2014. The original vesting (set to expire January 16, 2017) was extended for a period of five j L (5) months by City Council Resolution No. 109 Se- ries of 2016. The vested rights are currently set to KAREN REED PATTERSON expire on May 15, 2017. This hearing was origi- nally scheduled on February 13, 2017. NOTARY PUBLIC Land Use Reviews Reg: Extension of Vested Rights STATE OF COLORADO Decision Making Body: City Council ATTACHMENTS AS APPLICABALBTARY ID #19964002767 Applicant: 414 - 422 East Cooper Avenue, LLC; represented by BendonAdams, LLC. More Information: For further information related E PUBLICATION . My Commission Expires February 15,2020 to the project, contact Ben Anderson at the City of Aspencommun*Deve\opmen\Depanment,130 DH OF THE POSTED NOTICE (SIGN) S. Galena St., Aspen, CO, (970) 429.2765, Ben.Anderson @cityofaspen.corn. r OWNERS AND GOVERNMENTAL AGENCIES NOTICED Published in the Aspen Times on March 16, 2017. (12706288) â€¢ APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. Â§24-65.5-103.3 >82*7 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 414-422 East Cooper Ave , Aspen, CO RECEIVED SCHEDULED PUBLIC HEARING DATE: April 3 @ 5:OOPM ,20 17 0 MAR 1 7 2017 CITY OF ASPEN STATE OF COLORADO ) COMMUNrrY DEVELOPMENT ) SS. County of Pitkin ) i, Vanessa Jones (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 prior to 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 j 3rd day of April , 2017 , to and including the date and time of the public hearing. A photographofthe posted notice (sign) isattached j 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 prepald 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 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) March, 2016 City of ADen I 130 S. Galena St. I (9701 920 5050 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Mineral Estate Owner Notice. By the cenit\ed 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 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 to this notices requirement. Rezoning or text amendment. Whenever the official zoning distrist map is in any way to be changed or amended incidental to or as part of a general reyision o~ this Title, to whenever the text of this Title is to be amended, whether such reviliBh*e mafie by repeal of this Title and enactment of new land use regulation, or otherwise~he kequi[ement of an accurate survey map or other significant legal description of, and t~ n*Ice p and listing of names and addresses of owners of real estate property in the ea~'s'kfthe qropo-sed change shall be waived. However, the proposed zoning during all busine~s ~Pics f~r f~{ttn (15) days prior to the public hearing on such amendments. Signature , C- The foregoing "Affidavit Notice" was acknowledged before me this 1 125,uay of MArcih , 20 1-1. by \~GlneÂ«Â£1 , jtne<h WITNESS MY HAND AND OFFICIAL SEAL NOTARY PUBLIC STATE OF COLORADO My commission expires: m*Lka-9 NOTARY ID 20154028745 MY COMMISSION EXPIRES July 21, 2010 . Notary Publk--~ 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 (9701 920 5050 OD '. 1 ~PUBLIC--NOâ„¢5*-1 Date_. April 3rd, 2017 1. J:. Time: 5:00 PM .'..11 1" ~ Place:-130 s Galena, Council Chambers Purpose: 414-422 East Cooper Avenue, LLC; ~ 2001 N. Halstead St.,Suite 304; Chicago, IL 60614 is requesting a six month extension of vested rights first 1 established by a Development Order issued January 9, 2014. Current ~ vesting will expire on May 15, 2017. ~ I City Council will review this request. ~ . ,_.... -For_further-information contact Aspen_ 1 Plaruljr'g Dept at 970-920-2765. l 2\ 44,2,1 .. 1-... / 1 f /2- 4 ~ '~ tey, 1 -412 .0 /1 / . .1 -0., i 4 4 1 1 i *rvi .: ' # - ./ A. 9- iA 44 1 ...1.,t .,k; \ 4 4. 1 PUBLIC TICE NOTICE O~UBLIC HEARING 420-422 E. Cooper Ave - Red Onion Annex Project Location: 420-422 E. Cooper Ave.; Aspen THE CITY OF ASPEN Decision Making Body: City Council 130 S. Galena Street, Land Use Reviews: Extension of Vested Rights Aspen, CO 81611 Hearing Date: April 3, 2017, 5:00 p.m. p: (970) 920.5000 Hearing Location: City Hall, City Council Chambers; 130 S. f: (970) 920.5197 Galena St; Aspen, CO 81611 www.aspenpitkin.com Project Description: The applicant is requesting a six (6) month extension of vested rights established by a Development Order issued January 9, 2014 with conceptual and final approvals granted by HPC in Resolutions No. 26, Series of 2012 and No. 2, Series of 2014.The original vesting (set to expire January 16, 2017) was extended for a period of five (5) months by City Council Resolution No. 109 Series of 2016. The vested rights are currently set to expire on May 15, 2017. Legal Description: Lots N, 0, and P, BLOCK 89, City and Townsite of Aspen, Colorado. Parcel ID: 2737-182-16-301 Applicant: 414-422 East Cooper Avenue LLC, Mark Hunt, Manager, 2001 N. Halsted Street, Ste. 304, Chicago, IL 60614. Represented by BendonAdams. More Information: For further information related to the project, contact Ben Anderson at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2765, ben.anderson@cityofaspen.com l 5 BendonAdams 300 So Spring St 202 Aspen, CO 81611 970.925.2855 1 bendonadams.com I 1 Pitkin County Mailing List of 300 Feet Radius From Parcel: 273718216301 on 03/05/2017 RECEIVED *THIN MAR 1 7 2017 0144,742* ' Cou.irr 4 47 (Â©/3.C\Â® 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 i I 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 TENNESSEE THREE GONE WEST LLC 407 S HUNTER ST #3 PO BOX 101444 401 WCENTER ASPEN, CO 81611 NASHVILLE, TN 37224-1444 SEARCY, AR 721451406 407 HYMAN LLC COX ANTHONY E LIVING TRUST ASPEN GROVE ASSOCIATES LLP 51027 HWY 6 & 24 STE 100 126041STAVE#O 51027 HWY 6 &24 #100 GLENWOOD SPRINGS, CO 81601 CAPITOLA, CA 95010 GLENWOOD SPRINGS, CO 81601 NORTON LLC WOODS FAMILY LP THOR 534 EAST COOPER AVENUE LLC 101 PLAZA REAL SOUTH #205-S PO BOX 11468 1000 WILSON BLVD #2100 BOCA RATON, FL 33432 ASPEN, CO 81612 ARLINGTON, VA 22209 WHITE RIVER HOLDINGS LLC ORG PROPERTIES LLC JENNE LLP 605 E MAIN ST # 7 PO BOX 514 1510 WINDSOR RD ASPEN, CO 81611 GWYNEDD VALLEY, PA 19437 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 PARK PLACE CONDO ASSOC 101 S 3RD ST #360 600 E HOPKINS AVE STE 304 COMMON AREA GRAND JUNCTION, CO 81501 ASPEN, CO 81611 408 S MILL ST ASPEN, CO 81611 INDEPENDENCE BUILDING CONDO ASSOC ROARING FORK CONDOS ASSOC 4 SKIERS LP 404 S GALENA ST COMMON AREA 178 WOODMONDT BLVD ASPEN, CO 81611 415 E HYMAN AVE NASHVILLE, TN 37205 ASPEN, CO 81611 SEVEN CONTINENTS LLC 426 EAST HYMAN AVE LLC COX JAMES E LIVING TRUST PO BOX EE PO BOX 4068 1260 41ST AVE#O ASPEN, CO 81612 ASPEN, CO 81612 CAPITOLA, CA 95010 400 HYMAN LLC 400 HYMAN LLC VALLEY INVESTMENTS LLC 6829 QUEENFERRY CIR PO BOX 351 602 E COOPER #202 BOCA RATON, FL 33496 RIFLE, CO 816500351 ASPEN, CO 81611 RUBEY PARK LLC GORSUCH COOPER LLC HUDSON KAREN DAY 400 E MAIN ST 263 E GORE CREEK DR 409 E COOPER AVE ASPEN, CO 81611 VAIL, CO 81657 ASPEN, CO 81611 PEYTON MARI CM LLC WENDELIN ASSOC 409 E COOPER #4 230 S MILL ST 1173 PITTSFORD VICTOR RD #250 ASPEN, CO 81611 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 FAM TRST #1 WF SWEARINGEN LLC 400 E HYMAN AVE #302 216 SEVENTEENTH ST 450 CONWAY MANOR DR NW ASPEN, CO 816111989 MANHATTAN BEACH, CA 90266 ATLANTA, GA 30327 413 EAST HYMAN AVENUE LLC 411 EAST HYMAN AVENUE LLC FORD ANN MICHIE 2001 NORTH HALSTED #304 2001 N HALSTED #304 216 WAPITI WY CHICAGO, IL 60614 CHICAGO, IL 60614 BASALT, CO 81621 FORD MICHIE COASTAL MTN PROPERTIES LLC DEXTER ASPEN LLC 216 WAPITI WY 2519 N MCMULLEN BOOTH RD #510-307 1417 W 10TH ST BASALT, CO 81621 CLEARWATER, FL 33761 AUSTIN, TX 78703 KRISTAL ASPEN LLC HAMMER DRU SCHULTZE DANIEL G 1417 WEST 10TH ST 25 HIGHLAND PARK VILLAGE #100317 404 S GALENA ST #210 AUSTIN, TX 787034816 DALLAS, TX 75205 ASPEN, CO 81611 KEENE KAREN M CRAMER ROBERT W ASPEN RETREAT LLC 1700 BASSETT ST #503 3502 ARMSTRONG AVE 6536 E GAINSBOROUGH DENVER, CO 80202 DALLAS, TX 75205 SCOTTSDALE, AZ 85251 SCHROEDER FAMILY TRUST BLACK HAWK ASPEN LLC SAN ANTONIO SAGE STONE PROPERTIES LI 4 GREENWOOD CT ROECLIFFE COTTAGE JOE MOORES LN 12727 CRANES MILL ORINDA, CA 94563 WOODHOUSE EAVES SAN ANTONIO, TX 78230 LEICESTERSHIRE LE12 8TF ENGLAND, SAGE STONE PROPERTIES LLC AGRUSA LISA ANN GERARDOT J REVOCABLE TRUST 12727 CRANES MILL 4761 W BAY BLVD #1704 5526 HOPKINTON DR SAN ANTONIO, TX 78230 ESTERO, FL 33928 FORT WAYNE, IN 46804 MAIERSPERGER RENELL ASPEN MOUNTAIN FUN LLC STEPHENS ROSS DAVID 404 S GALENA PO BOX 10264 23 IVANHOE STREET SORRENTO ASPEN, CO 81611 ASPEN, CO 81612 VICTORIA 3943 AUSTRALIA, RANKMORE KEVIN L & JASMINE HAMMER DRU RESIDENTIAL TRUST ROSS ROGER A REV TRUST PO BOX 168 25 HIGHLAND PARK VILLAGE STE 100317 4720 WAILAPA RD WELLINGTON NSW 2820 AUSTRALIA, DALLAS, TX 75025 KILAUEA, HI 96754 ROSS BARBARA REV TRUST AGM INVESTMENTS LLC SCHROEDER FAMILY TRUST 4720 WAILAPA RD 1511 NICKERSON ST 4 GREENWOOD CT KILAUEA, HI 96754 AUSTIN, TX 78704 ORINDA, CA 94563 INDEPENDENCE PARTNERS 410 AH LLC CARLSON BRUCE E TRUST 602 E COOPER AVE #202 PO BOX 4068 PO BOX 3587 ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81612 SEVEN CONTINENTS LLC CITY OF ASPEN WOLF LAURENCE G CAPITAL MGT TRUST 625 E HYMAN #201 130 S GALENA ST 22750 WOODWARD AVE # 204 ASPEN, CO 81611 ASPEN, CO 81611 FERNDALE, MI 48220 WHEELER SQUARE - CASPER FAMILY LLC KAUFMAN GIDEON I MARCUS DURANT GALENA LLC 315 E HYMAN 315 E HYMAN AVE #305 PO BOX 1709 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 450 S GALENA ST INVESTORS LLC DCGB LLC ASPEN GOLDEN HORN LLC 450 S GALENA ST #202 610 WEST 52 ST 9420 WILSHIRE BLVD 4TH FL ASPEN, CO 81611 NEW YORK, NY 10019 BEVERLY HILLS, CA 90212 MEYER BUSINESS BUILDING LLC BPOE ASPEN LODGE #224 KAUFMAN GIDEON I 23655 TWO RIVERS RD 510 E HYMAN AVE THIRD FLOOR 315 E HYMAN AVE STE 305 BASALT, CO 81621 ASPEN, CO 81611 ASPEN, CO 81611 F & M VENTURES LLC 415 EAST HYMAN AVE LLC COTTONWOOD VENTURES I LLC 415 E HYMAN AVE PO BOX 4068 419 E HYMAN AVE ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 419 EAST HYMAN AVENUE LLC PARAGON PENTHOUSE LLC COTTONWOOD VENTURES 11 LLC 2001 NORTH HALSTED # 304 9950 SANTA MONICA BLVD 419 E HYMAN AVE CHICAGO, IL 60614 BEVERLY HILLS, CA 90212 ASPEN, CO 81611 419 AH LLC GUIDOS SWISS INN LLC DURANT GALENA CONDOS PO BOX 4068 23655 TWO RIVERS RD COMMON AREA ASPEN, CO 81612 BASALT, CO 81621 500 E DURANT AVE ASPEN, CO 81611 ASPENHOF CONDO ASSOC BPOE CONDO ASSOC DUVIKE CONDO ASSOC 520 E COOPER AVE 510 E HYMAN AVE THIRD FLOOR COMMON AREA ASPEN, CO 81611 ASPEN, CO 81611 420 E HYMAN AVE ASPEN, CO 81611 GOLDEN HORN BUILDING CONDO ASSOC PARAGON BUILDING CONDO ASSOC FIERCELY LOCAL COMMON AREA COMMON AREA 328 E HYMAN AVE 400 E COOPER AVE 419 E HYMAN AVE ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN CORE VENTURES LLC COOPER STREET DEVELOPMENT LLC MACKLOWE WILLIAM & JULIE 407 S HUNTER ST #3 407 S HUNTER ST #3 126 E 56TH ST ASPEN, CO 81611 ASPEN, CO 81611 NEW YORK, NY 10022 COOPER STREET CONDO ASSOC ASPENHOF CONDO ASSOC G & K LAND CO LLC 508 E COOPER AVE 600 E HOPKINS AVE #203 0167 WILLOW LN ASPEN, CO 81611 ASPEN, CO 81611 CARBONDALE, CO 81623 RUTLEDGE REYNIE COTTONWOOD VENTURES 11 LLC LINDNER PROPERTIES LLC 51 COUNTRY CLUB CIR 300 CRESCENT CT #850 17017 SE 26TH ST SEARCY, AR 72143 DALLAS, TX 75201 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 #305 307 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 1447 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 416 /411. . i Ce 0 9.23- AÂ¥L , Aspen,Co *W On,w-r, 4nA,jk SCHEDULED PUBLIC HEARING DATE: 16* 6, DO (3- @. 5-toopin,0Â«1_ STATE OF COLORADO ) ) SS. County of Pitkin ) I, Ang-84 ScoÂ«q 5 (name, please print) being or repredenting 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 ofnotice.- 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 - t. property subject to the development application. The names and addresses of h ":. .4 . 1.11 , property owners shall be those on the current tax records of Pitkin County as they 1 Â· }0.1 appeared no-more than sixty (60) days prior to the date of the public hearing. A 8.P- copy of the owners and governmental agencies so noticed is attached hereto. I ,)92% yu ..0 1 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) 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. Signattife The foregoing "Affidavit of Notice" was acknowledged before me this 24 day of J,=wlud~t~ , 201~ by -467,58,2 1 =-7 1 NOnCE OF PUBUC HEARING WITNESS MY HAND AND OFFICIAL SEAL RE: 420/422 E. Cooper Ave. - The Red Onion Annex Public Hearing: February 13, 2017, 5:00 PM Meeting Location: City Hall, Council Chambers My commission expires: 12 I 1 5/ 00 130 S. Gatena St. Aspen, CO 81611 Project Location: 420/422 E. Cooper (commonly known as the Red Onion Annex) Legal Description: Parcel ID# 2737-182-16 061, legally described as: 420 E. COOPER AVENUE, i LOTS N. O, AND P, BLOCK 89, CITY AND 'I 91(241 â‚¬01_A~ -96Â»~Pik,- TOWNSITE OF ASPEN. Notary Public i Deecription: The applicant is requesting a six (6) ~ month extension of vested rights established by a ~ Development Order issued January 9, 2014 with , ---I--I-'-.'.'-.I--I--Ill--Il- conceptual and final approvals granted by HPC in ~ Resolutions No. 26, Series of 2012 and No. 2, Se- ( NO-T/' R k PUBLIC ries of 2014. The original vesting (set to expire ~ t .AREN REED PATTERSON ~ January 16,2017) was extended for a period of five 1 STATE:) COLORADO (5) months by City Council Resolution No. 109 Se- ries of 2016. The vested rights are currently set to expire on May 15, 2017. ATTACHMENTS AS APPLICABL~ ' NOTAnÂ· N , #19964002767 Land Use Reviews Reg: Extension of Vested Rights PUBLICATION 1 My Commis s.i,' : -*:.res February 15 2020 1 Decision Making Body: City Council Applicant: 414 - 422 East Cooper Avenue, LLC; H OF THE POSTED NOTICE (SIGN) represented by BendonAdams, LLC. More Information: For further information related OWNERS AND GOVERNMENTAL AGENCIES NOTICED to the project, contact Ben Anderson at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2765, Ben.Anderson@cityofaspen.com. :ERTIFICATION OF MINERAL ESTAE OWNERS NOTICE Published in The Aspen Times on January 26, 2017. (12616262) D BY C.R.S. Â§24-65.5-103.3 ) /1 .. 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, CO SCHEDULED PUBLIC HEARING DATE: February 13 , 20 17 STATE OF COLORADO ) ) SS. County of Pitkin ) i, Sheri Sanzone (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 priortothe 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 27 day of January , 2017 , to and including the date and time ofthe public hearing. A photograph of the posted notice (sign) is attached hereto: 4 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 priorto 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 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 priorto 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 certified 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 to this 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 is to be amended, whether such revision be made by repeal of this Title and enactment of new land use regulation, or otherwise, the requirement of an accurate survey map or othersignificant 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 bj#+I'~ps h~3167Â¥ifteen (15) days prior to the public hearing on such amendments. r /1 a 4(J 1/ -, Sh<r-7 c Ubm A / 70><- Sigl?~~0/ ] L42:2 The foregoing "Affidavit Notice" was acknowledged before me this 2572*'day of jn,AA+1~ , , 2013L by ShÂ° 14 /\nrt, S An Â·*on Â·f WITNESS MY HAND AND OFFICIAL SEAL Kristine O'Donnell - --1 NOTARY PUBLIC ~ My commission expires: 01 lu 1701 9 STATE OF COLORADO _Lr- ALLL NOTARY ID 20154028745 7.-14Â£Â·-) MY COMMISSION EXPIRES July 21,2010 ~ Notary P u mit 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 ADen I 130 S. Galena St. I (970) 920 5050 PUBLIC NOTICE ! i~ Date: February 13,2017 _. _ __ ~ ~ Time: 5:00 PM 4 ~ ~JaC*1130 S Galena, Council ~ ~ i Chambers , 1 - .,1 Purpose: Amb .ail# ~ 414-422 East Cooper Avenue Lt..C~ ~ 2001 N Halstead St .Suite 304: ~~ Cn;cago. IL 60614 ts requesting a *0. ~ * month exte-on of vested nghts f ~J~ i: eltablished by a Development OrdÂ¥, M#sue:1 January 9.20144 Cufrent IW yesting will expire on May 15.2011~f City Council wil review this reques~ n gor further information contact Aspi~ _20nrÂ®g Dept. at 970-920-2765. ~ . Al. . . i. - .Al - * . 3,<r ' . .. r Zit; .-2 -Ne . /1 > - , 6 ' 11\ ... . A + .' I'./ . L Â· /,4 k b 4, \ .. . r - . e. " .... 4. -NI -1.' $ .9 '' . â‚¬ 4 9 .' I. . 33 1 2-- 6 k 1- 5 1 ~ . 7 4 ~/ ~ i.1 A . 1. 4 4 .,0 1- .4, . I . 24 , , f . - N â€¢Â·-N~ I *VI I D. '4 /â€¢0'~,1â‚¬44â€¢ 4%9,-/ , Â¥9 "14 - 4 â€¢ h Nâ€¢04 eâ€¢ad + 4 w)924 re, 4 1 3,?+, 1 â€¢ NOTICE OF PUDLIC HEARING 420-422 E. Cooper Ave - Red Onion Annex Project Location: 420-422 E. Cooper Ave.; Aspen THE CITY OF ASPEN Decision Making Body: City Council 130 S. Galena Street, Land Use Reviews: Extension of Vested Rights Aspen, CO 81611 Hearing Date: February 13, 2017, 5:00 p.m. p: (970) 920.5000 Hearing Location: City Hall, City Council Chambers; 130 S. f: (970) 920.5197 Galena St; Aspen, CO 81611 www. aspenpitkin.com Project Description: The applicant is requesting a six (6) month extension of vested rights established by a Development Order issued January 9, 2014 with conceptual and final approvals granted by HPC in Resolutions No. 26, Series of 2012 and No. 2, Series of 2014.The original vesting (set to expire January 16, 2017) was extended for a period of five (5) months by City Council Resolution No. 109 Series of 2016. The vested rights are currently set to expire on May 15, 2017. Legal Description: Lots N, 0, and P, BLOCK 89, City and Townsite of Aspen, Colorado. Parcel ID: 2737-182-16-301 Applicant: 414-422 East Cooper Avenue LLC, Mark Hunt, Manager, 2001 N. Halsted Street, Ste. 304, Chicago, IL 60614. Represented by BendonAdams. More Information: For further information related to the project, contact Ben Anderson at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2765, ben.anderson@cityofaspen.com 1 5 BendonAdams 300 So Spring St 202 Aspen, CO 81611 970.925.2855 bendonadams.com 1 1 , l / . r \ F Pitkin County Mailing List of 300 Feet Radius From Parcel: 273718216301 on 01/20/2017 41, THIN ' GUNT< Â©0.0.0 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 0 . BARNETT FYRWALD HOLDINGS INC 305-7 MILL STREET LLC NORTON LLC 2222 COTTONDALE LN #200 2001 NORTH HALSTED #304 101 PLAZA REAL SOUTH #205-S LITTLE ROCK, AR 722022017 CHICAGO, IL 60614 BOCA RATON, FL 33432 WOODS FAMILY LP MARCUS DURANT GALENA LLC 450 S GALENA ST INVESTORS LLC PO BOX 11468 PO BOX 1709 450 S GALENA ST #202 ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81611 DCGB LLC WENDELIN ASSOC FOOTLOOSE MOCCASIN MAKERS INC 610 WEST 52 ST 1173 PITTSFORD VICTOR RD #250 44 SILVERADO CT NEW YORK, NY 10019 PITTSFORD , NY 14534 CANON CITY, CO 812129484 400 EAST HYMAN LLC MTN ENTERPRISES 80B DOLE MARGARET M 400 E HYMAN AVE # A202 PO BOX 5739 400 E HYMAN AVE #302 ASPEN, CO 81611 EAGLE, CO 816315739 ASPEN, CO 816111989 KANTZER TAYLOR FAM TRST #1 400 HYMAN LLC 400 HYMAN LLC 216 SEVENTEENTH ST 6829 QUEENFERRY CIR PO BOX 351 MANHATTAN BEACH, CA 90266 BOCA RATON, FL 33496 RIFLE, CO 816500351 VALLEY INVESTMENTS LLC RUBEY PARK LLC GORSUCH COOPER LLC 602 E COOPER #202 400 E MAIN ST 263 E GORE CREEK DR ASPEN, CO 81611 ASPEN, CO 81611 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 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 DEXTER ASPEN LLC KRISTAL ASPEN LLC HAMMER DRU 1417 W 10TH ST 1417 WEST 10TH ST 25 HIGHLAND PARK VILLAGE #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 GERARDOT J REVOCABLE TRUST MAIERSPERGER RENELL ASPEN MOUNTAIN FUN LLC 5526 HOPKINTON DR 404 S GALENA PO BOX 10264 FORT WAYNE, IN 46804 ASPEN, CO 81611 ASPEN, CO 81612 STEPHENS ROSS DAVID RANKMORE KEVIN L & JASMINE HAMMER DRU RESIDENTIAL TRUST 23 IVANHOE STREET SORRENTO PO BOX 168 25 HIGHLAND PARK VILLAGE STE 100317 VICTORIA 3943 AUSTRALIA, WELLINGTON NSW 2820 AUSTRALIA, DALLAS, TX 75025 ROSS ROGER A REV TRUST ROSS BARBARA REV TRUST AGM INVESTMENTS LLC 4720 WAILAPA RD 4720 WAILAPA RD 1511 NICKERSON ST KILAUEA, HI 96754 KILAUEA, HI 96754 AUSTIN, TX 78704 SCHROEDER FAMILY TRUST INDEPENDENCE PARTNERS MEYER BUSINESS BUILDING LLC 4 GREENWOOD CT 602 E COOPER AVE #202 23655 TWO RIVERS RD ORINDA, CA 94563 ASPEN, CO 81611 BASALT, CO 81621 CITY OF ASPEN F & M VENTURES LLC 415 EAST HYMAN AVE LLC 130 S GALENA ST 415 E HYMAN AVE PO BOX 4068 ASPEN, CO 81611 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 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 DURANT GALENA CONDOS ASPENHOF CONDO ASSOC 300 CRESCENT CT #850 COMMON AREA 520 E COOPER AVE DALLAS,TX 75201 500 E DURANT AVE ASPEN, CO 81611 ASPEN, CO 81611 BPOE CONDO ASSOC DUVIKE CONDO ASSOC GOLDEN HORN BUILDING CONDO ASSOC 510 E HYMAN AVE THIRD FLOOR 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 404 S GALENA ST COMMON AREA 408 S MILL ST ASPEN, CO 81611 415 E HYMAN AVE 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 508 E COOPER AVE ASPEN, CO 81611 NEW YORK, NY 10022 ASPEN, CO 81611 ASPENHOF CONDO ASSOC 434 EAST COOPER AVENUE LLC GALENA COOPER LLC 600 E HOPKINS AVE #203 2001 N HALSTED STE 304 401 S HUNTER ST #3 ASPEN, CO 81611 CHICAGO, IL 60614 ASPEN, CO 81611 THOR 534 EAST COOPER AVENUE LLC CARLSON BRUCE E TRUST 520 EAST COOPER PTNRS LLC 2111 WILSON BLVD #300 PO BOX 3587 402 MIDLAND PARK ARLINGTON, VA 22201 ASPEN, CO 81612 ASPEN, CO 81611 JENNE LLP FITZGERALD FAMILY PARTNERSHIP LTD TOMKINS FAMILY TRUST 1510 WINDSOR RD 520 E COOPER AVE 520 E COOPER AVE #209 AUSTIN, TX 77402 ASPEN, CO 81611 ASPEN, CO 81611 LCT LP P & L PROPERTIES LLC MORRIS ROBERT P PO BOX 101444 101 S 3RD ST #360 600 E HOPKINS AVE STE 304 NASHVILLE, TN 37224-1444 GRAND JUNCTION, CO 81501 ASPEN, CO 81611 4 SKIERS LP SEVEN CONTINENTS LLC 426 EAST HYMAN AVE LLC 178 WOODMONDT BLVD PO BOX EE PO BOX 4068 NASHVILLE, TN 37205 ASPEN, CO 81612 ASPEN, CO 81612 COX JAMES E LIVING TRUST CM LLC WF SWEARINGEN LLC 1260 41ST AVE #O 230 S MILL ST 450 CONWAY MANOR DR NW CAPITOLA, CA 95010 ASPEN, CO 81611 ATLANTA, GA 30327 . 413 EAST HYMAN AVENUE LLC 411 EAST HYMAN AVENUE LLC 410 AH LLC 2001 NORTH HALSTED #304 2001 N HALSTED #304 PO BOX 4068 CHICAGO, IL 60614 CHICAGO, IL 60614 ASPEN, CO 81612 BPOE ASPEN LODGE #224 WHEELER SQUARE - CASPER FAMILY LLC KAUFMAN GIDEON I 510 E HYMAN AVE THIRD FLOOR 315 E HYMAN 315 E HYMAN AVE STE 305 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 KAUFMAN GIDEON I SEVEN CONTINENTS LLC TENNESSEE THREE 315 E HYMAN AVE #305 625 E HYMAN #201 PO BOX 101444 ASPEN, CO 81611 ASPEN, CO 81611 NASHVILLE, TN 37224-1444 GONE WEST LLC 407 HYMAN LLC COX ANTHONY E LIVING TRUST 401 W CENTER 51027 HWY 6 & 24 STE 100 1260 41ST AVE #O SEARCY, AR 721451406 GLENWOOD SPRINGS, CO 81601 CAPITOLA, CA 95010 ASPEN GROVE ASSOCIATES LLP WOLF LAWRENCE G G & K LAND CO LLC 51027 HW'Y 6 &24 #100 22750 WOODWARD AVE #204 0167 WILLOW LN GLENWOOD SPRINGS, CO 81601 FERNDALE, MI 48220 CARBONDALE, CO 81623 RUTLEDGE REYNIE LINDNER PROPERTIES LLC WHEELER BLOCK BUILDING LLC 51 COUNTRY CLUB CIR 17017 SE 26TH ST 211 N STADIUM BLVD STE 201 SEARCY, AR 72143 BELLEVUE, WA 98008 COLUMBIA, MO 65203 TENNESSEE THREE RENTALS WHEELER SQUARE CONDO ASSOC ASPEN COMMERCIAL CONDO ASSOC 5033 OLD HICKORY BLVD 315 E HYMAN AVE #305 307 S MILL ST NASHVILLE, TN 37218-4020 ASPEN, CO 81611 ASPEN, CO 81611 TOM THUMB BUILDING CONDO ASSOC SILVER SLAM COMMERCIAL LLC 400 E HYMAN AVE 60 COLUMBUS CIR ASPEN, CO 81611 NEW YORK, NY 10023 r i.3.itÂ·51.Â·t>f.Â·E>:Â· /UÂ·.-~Â·t t.-' Flety D, 1 9 endonAdams . 3.61 -i .: , fit r' iÂ·'' t '. 5.1. 1 AT.0,02-7 M '. 4 .21 .-6 1 .4~ USAFOREVER 00 So Spring St 202 Aspen, CO 81611 970.925.2855 bendonadams.com CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 ...... tijililijilitil,lijilitillitt,illilitilii'llillillilili'lli"lill NOTICE OF PUBLIC HEARING 420-422 E. Cooper Ave - Red OniogA Annex Project Location: 420-422 E. Cooper Ave.; Aspen~ THE CITY OF ASPEN Decision Making Body: City Council 130 S. Galena Street, Land Use Reviews: Extension of Vested Rights Aspen, CO 81611 Hearing Date: February 13, 2017, 5:00 p.m. p: (970) 920.5000 Hearing Location: City Hall, City Council Chambers; 130 S. f: (970) 920.5197 Galena St; Aspen, CO 81611 www. aspenpitkin.com Project Description: The applicant is requesting a six (6) month extension of vested rights established by a Development Order issued January 9, 2014 with conceptual and final approvals granted by HPC in_Resolutions No. 26, Series of 2012 and No. 2, Series of 2014.The original vesting (se#*expire January 16, 2017) was extended for a period of five (5) months by City Council Resolution No. 109 Series of 2016. The vested rights are currently set to expire on May 15, 2017. Legal Description: Lots N, 0, and P, BLOCK 89, City and Townsite of Aspen, Colori~. Parcel ID: 2737-182-16-301 Applicant: 414-422 East Cooper Avenue LLC, Mark Hunt, Manager, 2001 N. Halsted Street, Ste. 304, Chicago, IL 60614. Represented by BendonAdams. More Information: For further information related to the project, contact Ben Anderson at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2765, ben.anderson@cityofaspen.com Exhibit 3 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Amy Simon, 429.2758 DATE: 12.28.16 PROJECT: 422 E. Cooper Avenue, Amendment to Vested Rights Extension REPRESENTATIVE: BendonAdams, chris@bendonadams.com DESCRIPTION: The applicant would like to amend the conditions of the Extension of Vested Rights for 422 E. Cooper Avenue recently granted by City Council Resolution #109, Series of 2016. The Resolution extended the ability to apply for a permit for the project approved through HPC Resolution #26, Series of 2012 and HPC Resolution #2, Series of 2014 from January 16, 2017 to May 15, 2017. As an alternative, the applicant received a three year Extension of Vested Rights if HPC approval could be secured for a revised and reduced development of 422 E. Cooper Avenue that would be tied to the applicant's plans for a new structure on the adjacent property at 434 E. Cooper Avenue. The applicant has received Final approval for the combined 422/434 E. Cooper project. Call Up Notice is pending at City Council. If Council elects to Call Up the approval for review, it could be remanded to HPC for further consideration. HPC could uphold their approval or require amendments based on Council's input. The applicant is concerned that approval of the 422/434 E. Cooper project is not yet a certainty and that there is inadequate time to prepare a building permit application for the original project by May 1501. The applicant wishes to extend the May 15, 2017 expiration of the original project. An application requesting an amendment to Council's Extension of Vested Rights approval must address the following criteria: Section 26.308.010C of the Aspen Municipal Code: 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; 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; 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; d) The needs of the City and the applicant that would be served by the approval of the extension or reinstatement request. Link to Land Use Application form: http://www.aspenpitkin.com/Portals/0/docs/Citv/Comdev/Apps%20and%20Fees/Land %20Use%20Application%20Form.pdf Link to Land Use Code: http://www.aspenpitkin.com/Business-Navigator/Get-Approval-to-Develop/Refer-to- Land-Use-Code/ Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 26.308 Vested Rights Review by: Staff for complete application and recommendation, Council for decision Public Hearing: Yes. Planning Fees: $1,300 deposit for 4 billable hours. Lesser/additional hours will be refunded or billed at a rate of $325 per hour. Referral Fees: None Total Deposit: $1,300 To apply, submit one printed copy of the following information: O Completed Land Use Application and signed fee agreement. 1 Pre-application Conference Summary (this document) C Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 0 Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant, if any. D HOA Compliance form (attached). Il A written explanation of how the request complies with the review standards relevant to extension of vested rights. Il An 8 1/2" by 11"vicinity map locating the parcel within the City of Aspen. 0 Drawings representing the original HPC approved project. Once the copy is deemed complete by staff, the following items will then need to be submitted: 01 digital PDF copy of the complete application packet emailed to amy.simon@cityofaspen.com Il Total deposit for review of the application. Applicants are advised that building plans will be required to meet the International Building Code as adopted by the City of Aspen, the Federal Fair Housing Act, and CRS 9.5.112. Please make sure that your application submittal addresses these building-related and accessibility regulations. You may contact the Building Department at 920-5090 for additional information. Disclaimer:The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. Exhibit 5 Response to Review Criteria 26.308.010.C. 1 In reviewing a request forthe 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 and processing a significant amendment to combine the annex building with the adjacent 434 e. Cooper building. We have gained approval from the Historic Preservation Commission forthe "combined project" an intend to pursue its development. 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 City and the applicant that would be served bythe approval of the extension or reinstatement request. Response: We believe additional time may be needed if City Council exercises its call-up option for the "combined project." Scheduling of a City Council call-up and potential remand backto the HPC will press against the May 15th deadline to submit a complete building permit application. Without an extension, we must pursue the former development plan for a three-story building with a penthouse residence. An extension can enablethecurrentdesign, which removesthepenthouseand lowersthe proposed building, to be fully considered. We believe all parties are well-served by an extension. Exhibit 6 420 East Cooper Avenue - Vicinity Map - 3 Goog e Maps o:gle Maps -UN.... I Z .N)@22%,ark*â€ž914* 1 -I'-- R r ~44:, *b . Aek 5 .,2,2 4~A*% 2 k. I E ky.r Â· 9~0.-El J *7:'*z.r . ) . . 9!' ..41 I. It. ./ ... E-/lillÂ»j - a . 1 hle (Â» r Ij .W â€¢ F -'.4 poil ji 4 - 1,4 6 f .*=..;Â·21.{7 F 4*, . 47 f . P.-I . I / .42*k' ' 4 * . %4+ r, -0 ie 4 3 tÂ· 2 4 4 2%*; h , I - Â» (*9"e :. 41 Gpogii .14 *"Na- I I Exhibit 7 414 - 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, R Block 89, City and Townsite of Aspen. Owner: 414-422 East Cooper Avenue, LLC, a Colorado limited liability company; 1 -2 t Kind Regards, Mark Hunt, Manager 414 - 422 East Cooper Avenue, LLC 2001 North Halsted Road #304 Chicago, IL 60614 (312) 850-1680 Exhibit 8 Â«L 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 Sherman & Howard L.L.C. Direct Dial Number: 970.300.0114 E-mail: csanders@shermanhoward.com May 3,2016 City of Aspen Community Development Department 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 of the 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 of Aspen recorded September 14,2007 as Reception No. 542011. 6. Terms, conditions, 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, Curtis B. Sanders 3 BUS RE/6014950.1 RANKMORE KEVIN L & JASMINE HAMMER DRU RESIDENTIAL TRUST ROSS ROGER A REV TRUST PO BOX 168 25 HIGHLAND PARK VILLAGE STE 100317 4720 WAILAPA RD WELLINGTON NSW 2820 AUSTRALIA, DALLAS, TX 75025 KILAUEA, HI 96754 ROSS BARBARA REV TRUST AGM INVESTMENTS LLC SCHROEDER FAMILY TRUST 4720 WAILAPA RD 1511 NICKERSON ST 4 GREENWOOD CT KILAUEA, HI 96754 AUSTIN, TX 78704 ORINDA, CA 94563 CM LLC COX JAMES E LIVING TRUST WF SWEARINGEN LLC 230 S MILL ST 1260 41ST AVE #O 450 CONWAY MANOR DR NW ASPEN, CO 81611 CAPITOLA, CA 95010 ATLANTA, GA 30327 413 EAST HYMAN AVENUE LLC 411 EAST HYMAN AVENUE LLC 410 AH LLC 2001 NORTH HALSTED #304 2001 N HALSTED #304 PO BOX 4068 CHICAGO, IL 60614 CHICAGO, IL 60614 ASPEN, CO 81612 SEVEN CONTINENTS LLC WOLF LAWRENCE G G & K LAND CO LLC 625 E HYMAN #201 22750 WOODWARD AVE #204 0167 WILLOW LN ASPEN, CO 81611 FERNDALE, MI 48220 CARBONDALE, CO 81623 RUTLEDGE REYNIE COTTONWOOD VENTURES 11 LLC WHEELER SQUARE CONDO ASSOC 51 COUNTRY CLUB CIR 300 CRESCENT CT #850 315 E HYMAN AVE #305 SEARCY, AR 72143 DALLAS, TX 75201 ASPEN, CO 81611 ASPEN COMMERCIAL CONDO ASSOC LINDNER PROPERTIES LLC WHEELER BLOCK BUILDING LLC 307 S MILL ST 17017 SE 26TH ST 211 N STADIUM BLVD STE 201 ASPEN, CO 81611 BELLEVUE, WA 98008 COLUMBIA, MO 65203 TOM THUMB BUILDING CONDO ASSOC SILVER SLAM COMMERCIAL LLC 400 E HYMAN AVE 60 COLUMBUS CIR ASPEN, CO 81611 NEW YORK, NY 10023 RETAIN FOR PERMANENT FILES Exhibit 9 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and 0002. 10 lit Â· ASUU 9 0 Property 414 422 East Cooper Avenue LLC. Phone No.: 312.850.1680 4 9 Owner ("1"}: Mark Hunt, Manager Email: mhunt@mdevco.com ...4. C Address of Billing 2001 N. Halsted St. Suite 304 0 Â» -. tâ€žâ€ž= 414-422 East Cooper Avenue Address: Chicago, Illinois 60614 r, 0 0 4440 Property: AD Â·rs/0 (Subject of Aspen, CO 81611 (send billshere) 8 70 =3,1 application) 12 â€ž' I understandthat the City has adopted, via Ordinance No., Series of 2011, review fees for Land Use application/ind payment of these fees is a condition precedentto determiningapplication completeness. I understand that asthe 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 $. flat fee for . $. flat fee for For Deposit cases only: The City and 1 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 overand above the deposit mayaccrue. I understand and agreethat it is impracticable for City staff to complete processing, review and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. 1 agree to remitpayment within 30 daysof presentation of aninvoicebytheCity forsuch services. Ihave read, understood, and agree to the Land Use Review Fee Policy including consequences for no-payment. I agree to pay the followinginitial deposit amounts for the specified hoursof staff time. I understand that paymentof a depositdoes not render and application complete or compliant with approval criteria. I f 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. $ 1 300 6/'~0~~deposit for 4 ~hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325,00 per hour. $ deposit for hours of Engineering Deldllent staff time~dditional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: Property Ow~ er: ~ Jessica Garrow Communitv Development Director / Name: Mark Hunt V City Use: Fees Due: $ ~Received $~~00 'O~ Title: Manager, 414 422 East Cooper Avenue LLC. January, 2016 Citv of Alien 1130 S. Galena St. 1 (9701 920 5050 JAN 11 r r-:Exhibit 10 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 sig ned bv the property owner or Attorney representing the property owner. Name: 414 - 422 East Cooper Avenue, LLC a Colorado limited liability company Property Owner ("1"): Email: mhunt@mdevco.corn Phone No.: 312-850-1680 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. El 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. U 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 t*..City--67-3*6~ does not interpret, enforce, or manage the applicability, meaning or effect of priv#e covenants oyhomeowner association rules or bylaws. 1 understand that this document i~Â£333333tÂ·- Owner signature: .<*Â·~7 - date: 6/3/16 Owner printed name: 414 -422 East Cooper Avenue, LLC; Mark Hunt as manager or, Attorney signature: date: Attorney printed name: Exhibit 11 Pitkin County Mailing List of 300 Feet Radius From Parcel: 273718216301 on 12/27/2016 )*THIN ' GuIV Tr< -3.0\2 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 MARCUS DURANT GALENA LLC 450 S GALENA ST INVESTORS LLC DCGB LLC PO BOX 1709 450 S GALENA ST #202 610 WEST 52 ST ASPEN, CO 81612 ASPEN, CO 81611 NEW YORK, NY 10019 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 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 RUBEY PARK LLC PO BOX 351 602 E COOPER #202 400 E MAIN ST RIFLE, CO 816500351 ASPEN, CO 81611 ASPEN, CO 81611 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 ASPEN GOLDEN HORN LLC INDEPENDENCE PARTNERS MEYER BUSINESS BUILDING LLC 9420 WILSHIRE BLVD 4TH FL 602 E COOPER AVE #202 23655 TWO RIVERS RD BEVERLY HILLS, CA 90212 ASPEN, CO 81611 BASALT, CO 81621 CITY OF ASPEN BPOE ASPEN LODGE #224 WHEELER SQUARE - CASPER FAMILY LLC 130 S GALENA ST 510 E HYMAN AVE THIRD FLOOR 315 E HYMAN ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 KAUFMAN GIDEON I KAUFMAN GIDEON I F & M VENTURES LLC 315 E HYMAN AVE STE 305 315 E HYMAN AVE #305 415 E HYMAN AVE ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 415 EAST HYMAN AVE LLC COTTONWOOD VENTURES I LLC 419 EAST HYMAN AVENUE LLC PO BOX 4068 419 E HYMAN AVE 2001 NORTH HALSTED # 304 ASPEN, CO 81612 ASPEN, CO 81611 CHICAGO, IL 60614 PARAGON PENTHOUSE LLC COTTONWOOD VENTURES 11 LLC 419 AH LLC 9950 SANTA MONICA BLVD 419 E HYMAN AVE PO BOX 4068 BEVERLY HILLS, CA 90212 ASPEN, CO 81611 ASPEN, CO 81612 GUIDOS SWISS INN LLC DURANT GALENA CONDOS ASPENHOF CONDO ASSOC 23655 TWO RIVERS RD COMMON AREA 520 E COOPER AVE BASALT, CO 81621 - - 500 E DURANT AVE ASPEN, CO 81611 ASPEN, CO 81611 BPOE CONDO ASSOC DUVIKE CONDO ASSOC GOLDEN HORN BUILDING CONDO ASSOC 510 E HYMAN AVE THIRD FLOOR 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 404 S GALENA ST COMMON AREA 408 S MILL ST ASPEN, CO 81611 415 E HYMAN AVE 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 508 E COOPER AVE ASPEN, CO 81611 NEW YORK, NY 10022 ASPEN, CO 81611 KRISTAL ASPEN LLC ASPENHOF CONDO ASSOC 434 EAST COOPER AVENUE LLC 1417 WEST 10TH ST 600 E HOPKINS AVE #203 2001 N HALSTED STE 304 AUSTIN, TX 787034816 ASPEN, CO 81611 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 NORTON LLC WOODS FAMILY LP 600 E HOPKINS AVE STE 304 101 PLAZA REAL SOUTH #205-S PO BOX 11468 ASPEN, CO 81611 BOCA RATON, FL 33432 ASPEN, CO 81612 TENNESSEE THREE GONE WEST LLC 407 HYMAN LLC PO BOX 101444 401 W CENTER 51027 HWY 6 & 24 STE 100 NASHVILLE, TN 37224-1444 SEARCY, AR 721451406 GLENWOOD SPRINGS, CO 81601 COX ANTHONY E LIVING TRUST ASPEN GROVE ASSOCIATES LLP 4 SKIERS LP 1260 41ST AVE #O 51027 HWY 6 &24 #100 178 WOODMONDT BLVD CAPITOLA, CA 95010 GLENWOOD SPRINGS, CO 81601 NASHVILLE, TN 37205 SEVEN CONTINENTS LLC 426 EAST HYMAN AVE LLC WENDELIN ASSOC PO BOX EE PO BOX 4068 1173 PITTSFORD VICTOR RD #250 ASPEN, CO 81612 ASPEN, CO 81612 PITTSFORD , NY 14534 FORD ANN MICHIE FORD MICHIE COASTAL MTN PROPERTIES LLC 216 WAPITI W'Y 216 WAPITI WY 2519 N MCMULLEN BOOTH RD #510-307 BASALT, CO 81621 BASALT, CO 81621 CLEARWATER, FL 33761 DEXTER ASPEN LLC HAMMER DRU SCHULTZE DANIEL G 1417 W 10TH ST 25 HIGHLAND PARK VILLAGE #100317 404 S GALENA ST #210 AUSTIN, TX 78703 DALLAS, TX 75205 ASPEN, CO 81611 KEENE KAREN M CRAMER ROBERT W ASPEN RETREAT LLC 1700 BASSETT ST #503 3502 ARMSTRONG AVE 6536 E GAINSBOROUGH DENVER, CO 80202 DALLAS, TX 75205 SCOTTSDALE AZ 85251 SCHROEDER FAMILY TRUST BLACK HAWK ASPEN LLC SAN ANTONIO SAGE STONE PROPERTIES LI 4 GREENWOOD CT ROECLIFFE COTTAGE JOE MOORES LN 12727 CRANES MILL ORINDA, CA 94563 WOODHOUSE EAVES SAN ANTONIO, TX 78230 LEICESTERSHIRE LE12 8TF ENGLAND, SAGE STONE PROPERTIES LLC AGRUSA LISA ANN GERARDOT J REVOCABLE TRUST 12727 CRANES MILL 4761 W BAY BLVD #1704 5526 HOPKINTON DR SAN ANTONIO, TX 78230 ESTERO, FL 33928 FORT WAYNE, IN 46804 MAIERSPERGER RENELL ASPEN MOUNTAIN FUN LLC STEPHENS ROSS DAVID 404 S GALENA PO BOX 10264 23 IVANHOE STREET SORRENTO ASPEN, CO 81611 ASPEN, CO 81612 VICTORIA 3943 AUSTRALIA,