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Land Use Case.571 E Hyman Ave.0017.2012.ASLU
f' THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0017.2012.ASLU PARCEL ID NUMBERS 2737 182 24 004 PROJECTS ADDRESS 521 and 517 E. Hyman st -5 PL,,\(0 V PLANNER SARA ADAMS CASE DESCRIPTION FINAL COMM DESIGN REVIEW REPRESENTATIVE STAN CLAUSEN DATE OF FINAL ACTION 4.6.12 CLOSED BY ANGELA SCOREY ON: 8.30.12 i� 'IJ1J J t� AJ i File Edit Record Navigate Form Reports Format Tab Help � A +j AAJ Raking Status Fees I Fee 5u mnary Main Actions I Attachments(Routing History I Valuation Archf Eng Custom Fields Sub Permitr 1 ► ` Rermttype aslu JAspen�Land Use� Pawl*0017.2012.ASLU I Ad*m 521 E HYMAN AND 517 HYMAN E VACAN� �- City ASPEN Rate CO p 81 fi11 Permit Yiammatior, € Master peen RUN aslu07 Applied 3M 912012 Project 5tatuts pending Approved i DescroGon FINAL COMMERCIAL DESIGN REVIEW AND FINAL MAJOR DEVELOPMENT ALL FEES Issued 4 PAID UPFRONT-PLEASE REFERENCE CASE#0016.2011.AHPC IN LAND USE BILLING. Close� Submitted PATRICK -9252323 Clock Running pays F70 Expires 311412013 Submitted via Owner i Last name ASPEN CORE VENTURES,L First name CIO ANDREW HECHT 601 EAST HYMAN AVE i ASPEN CO 81611 I Phone ( 1 Address Applicant ❑Owner is applicant? ❑Contractor is applicant? Last name CLAUSEN First name STAN I Phone ( ) Cust#F7238 Addres s Lender Last name First name i Phone ( Address l i AspenGold5(server) angelas _ 1 of 1 CV) A AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: JAI"7 c' • ,,��,�„ Aspen, CO STATE OF COLORADO ) ss. County of Pitkin ) I, s1�"t�r,-e-L� �c C,, - (name,please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen 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 fourteen(14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official Paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. Signature The foregoing "Affidavit of Notice" was cknowledged before me this 70 day of ( , 20t-, by PUBLIC NOTICE Of DEVELOPMENT APPROVAL WITNESS MY HAND AND OFFICIAL SEAL Notice is hereby given to the general public of the approval of a site-specific 9evelopment plan,and �^ r. ✓ the creation of a vested property right pursuant to the Land Use Code�,r the City of Aspen and Title My comm ssion expire: 24,Article 68,Col-(ado Revised Statutes,pertain- ' f ing to the followi6g described property: Parcel ID �. #2737-182-54-001, 2737-182-54-002, 2737-182-54-800, 2737-182-24-002, t 2737-182-24-004,Legally described as 517 East �.. Hyman Avenue(Lot E,Block 95)(the"Little An- nie's Building"),521 East Hyman Avenue(Units 1 Notary Public and 2 of the Benton Building Condominium,aka Lot F,Block 95)(the"Benton Building")and the - parking lot located at the southwest corner of - Hunter and Hyman Streets(Lots G,H and I Block 95).The applicant received approval by City Coun- cil ordinance number 5,series of 2012 and Historic �.✓ `•',+""°<�"q�j� Preservation Commission resolution number 8,se- ATTACHMENTS• >''S; ries of 2012 for a site specific approval through an designation n negotiation that includes landmark COPY OF THE PUBLICATION ^ Cf ; designation of 517 East Hyman Avenue and 521 ' j- d East Hyman Avenue,merging the three lots into one lot,and approval to construct a new mixed use t ( �, e addition to 521 East Hyman Avenue that includes a ® �E basement and three stories above grade.The ap- provals are depicted in the land use application on ' file with the City of Aspen. For further information 'u�, '`•"•..,,,_•'�° contact Sara Adams at the City of Aspen Commu- nity Development Dept.,130 S.Galena St.,Aspen, Colorado.(970)429-2778. Published in The Aspen Times Weekly on April 19, 2012.[7801349] .M AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: 5/ 7 F • Aspen, CO STATE OF COLORADO ) ) ss. County of Pitkin ) I, �-- �� `'`—"�� (name, please print) being or repr senting an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: i--�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 fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official Paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. Signature The foregoing "Affidavit of Notice" was acknowledged before me this 12 day of d , 20),2-, by -ca, D WITNESS MY HAND AND OFFICIAL SEAL PUBLIC NOTICE DEYELOppAA��EP!TAPPROYAL My mmission expires: J ��Notice is hereby i,.%E1��aFFp,r,oval of a site-��spp��ecific 9�tlltYp µdl N3q�A�"'�0 � M wed��rr�o�pparty_�riggh"t,pursuant to dd;3ONW1�k,IMbf t/l�OiFFbM1Adl7 *d Title 4044VaMtro I: ^ead auemP otary Public S R"'"02-24-004,Le ally described as 517 East H�a �+enuie(L°ut�'��[B{./lwp�qck� e) the"Little,An- lion Expires 0312912011 add ,oTQh� ailDa,b®ifdG41g.CW88ffMum,aka Lot F,Block 95)(the"Benton Building")and the parking lot located at the southwest corner of ATTACHMENTS: Hunter and Hyman Streets(Lots G,H and I Block 95).The nce number received approval 201 by City Coun- cil COPY OF THE PUBLICATION ordinance number 5,series of 2012 and Historic Preservation Commission resolution number 81 se- ries of 2012 for a site specific approval through an AspenMOdern negotiation that includes landmark designation of 517 East Hyman Avenue and 521 East Hyman Avenue,merging the three lots into one lot,and approval to construct a new mixed use addition to 521 East Hyman Avenue that includes a basement and three stories above grade.The ap- provals are depicted in the land use application on file with the City of Aspen. For further information contact Sara Adams at the City of Aspen Commu- nity Development Dept.,130 S.Galena St.,Aspen, Colorado.(970)429-2778. City of Aspen Published in The AS—Tim—weed..__ -:,.- F t DEVELOPMENT ORDER City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site-specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three (3) -year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless the change is accomplished or a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site-specific development plan as described below. Property Owner's Name, Mailing Address and telephone number: Aspen Core Ventures, LLC, c/o Andrew Hecht, Garfield & Hecht, 601 East Hyman Ave., Aspen, CO 81611, 970/925-1936. Legal Description and Street Address of Subiect Property: 517 East Hyman Avenue (Lot E, Block 95) (the "Little Annie's Building"), 521 East Hyman Avenue (Units 1 and 2 of the Benton Building Condominium, Lot F, Block 95) (the "Benton Building") and the parking lot located at the southwest corner of Hunter and Hyman Streets (Lots G, H and I Block 95). Parcel ID #2737-182-54-001, 2737-182-54- 002, 2737-182-54-800, 2737-182-24-002, 2737-182-24-004. Written Description of the Site Specific Plan and/or Attachment Describing Plan: Approval for a site specific development that includes landmark designation of 517 East Hyman Avenue ("Little Annie's Building") and 521 East Hyman Avenue ("the Benton Building") and construction of a mixed use structure on the existing parking lot (lots, G, H, and I, block 95) that includes a basement and three stories above grade. In addition subdivision approval was granted to merge the three existing lots into one lot.- - - - Land Use Approval Received and Dates: City Council Ordinance no. 5, series of 2012, approved on February 13, 2012. Historic Preservation Commission Resolution no. 8 series of 2012, approved on March 28, 2012. Effective Date of Development Order: April 12, 2012. (Same as date of publication of notice of approval.) Expiration Date of Development Order: April 12, 2015. (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 61h day of April 2012, by the City of Aspen Community Development Director. U"A 74� A/'Chris Bend Community Development Director City of Aspen A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) GRANTING MAJOR DEVELOPMENT (FINAL) APPROVAL AND FINAL COMMERICAL DESIGN REVIEW FOR THE PROPERTY LOCATED AT 517 EAST HYMAN AVENUE, 521 EAST HYMAN AVENUE, AND THE PARKING LOT ON THE, CORNER OF HUNTER AND HYMAN STREETS,LEGALLY DESCRIBED AS LOTS E - I, BLOCK 95, INCLUDING UNITS 1,2 AND THE COMMON AREA OF THE BENTON BUILDING CONDOMIUMUMS, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION #8, SERIES OF 2012 PARCEL ID NUMBERS: 2737-182-54-001 2737-182-54-002 2737-182-54-800 2737-182-24-002 2737-182-24-004 WHEREAS, the Applicant, Aspen Core Ventures, LLC, represented by Stan Clauson Associates, Inc., submitted a Final application for a Certificate of Appropriateness for the properties located at 517 East Hyman Avenue (Lot E, Block 95) (the "Little Annie's Building"), 521 East Hyman Avenue (Units 1 and 2 of the Benton Building Condominium, aka Lot F, Block 95) (the "Benton Building") and the parking lot located at the southwest corner of Hunter and Hyman Streets (Lots G, H and I Block 95); and WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or district until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review;" and WHEREAS, for Final Major Development Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.D 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 Commercial, Lodging, and Historic District Objectives and Guidelines per Section 26.412.040 of the Municipal Code. The HPC may approve, disapprove, approve with conditions 517 and 521 E. Hyman Ave. (Benton and Annie's) HPC Resolution#8, Series of 2012 Page 1 of 2 or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, Sara Adams, in her staff report to HPC dated March 28, 2012, performed an analysis of the application based on the standards, found that the review standards would be met with project revisions, and recommended restudy; and WHEREAS, at their regular meeting on March 28, 2012 the Historic Preservation Commission considered the application during a duly noticed public hearing, the staff memo and public comments, and found the proposal consistent with the review standards as a result of revisions presented at the meeting and recommended approval with conditions by a vote of 4 to 0. NOW, THEREFORE, BE IT RESOLVED: That HPC hereby grants Final Major Development Review and Final Commercial Design Review for the property located at 517 East Hyman Avenue (Lot E, Block 95) (the "Little Annie's Building"), 521 East Hyman Avenue (Units 1 and 2 of the Benton Building Condominium, aka Lot F, Block 95) (the "Benton Building") and the parking lot located at the southwest corner of Hunter and Hyman Streets (Lots G, H and I Block 95) with the following conditions: 1. Staff and Monitor shall review and approve the landscape plan and the lighting plan. 2. Staff and Monitor shall review and approve the stain for the wood material for the Benton Building. 3. There shall be no deviations from the approved plan without first being reviewed and approved by Staff and Monitor. APPROVED BY THE COMMISSION at its special meeting on the 28th day of March, 2012. Ann Mullins, Chair Approved as to Form: James R. True, City Attorney ATTEST: Kathy Strickland, Chief Deputy Clerk 517 and 521 E. Hyman Ave. (Benton and Annie's) HPC Resolution#8, Series of 2012 Page 2 of 2 and Final Major Commercial Design Final Development Review Na- 1 7 NOMOPM ............ z Aspen Core Ventures, LLC ,s Aspen Historic Preservation Commission E K E KLIGERMAN BARKLEY ,sra14 cLausoNassacaTES:<< 28 March 2012 ARCHITECTS, P.C:. City Council approval has determined : * Height • Mass *Scale 460 • Basic design elements/all upper story stepbacks Items to be discussed : * Recessed doorways * Horizontal window/ Benton tie-in *Terra cotta shape and colors Recessed Doorways 4 � Q I I '/1 �U7lIT1E0'. I I 1 I I RECESSED ENTRY RETAIL I -ALT GARAGE GARGE AT STO REFRONT ALONG WAITER ; 1 I I $HAFT C �--EULEV--- qS LOOARA ELEV. EXIT L7 Q STAIR I RESTORED LITTLE ANNIES BENTON (NO CHANGE, GALLERY I --_ --- B __-- _- Ir7(IRT � RETAIL RECESSED ENTRY AT I/ \I I ❑ p 'CORNER BUILDING" ADJACENT TO COLUMN i I i EMERMACY ENTRIES A8 1 ' EILTONLY I 'MODERN'SECTION OF ,,.ELEVATION O � 4 \J IUy 1 FIRST FLOOR PLAN ire°=r-o° 1 'Y - i) Recessed Doorways AA Recessed Doorways 6 �3 4 srwn - -------------- - anmta arc �. - --- --- - -- ----- '- ---�----- - __- ._- C V AM® AA NDOV F,FF L^J — I ,-xo«vwu ,�,�,gyV,�pT,11 ..-• I - w ,,,, -iv P COTTA Q 9PM1R1FS5 -� �� I --- ------ - - - = oP con==_ i 7 Ai{AWtM --_- If'a �•—a��woe� ovaflenrretw��; Fc®Ilw�_ E • I I tKaneu�*� F WTTA AM6! Recessed Doorways - - . _ Immi s e c 'r Materials _ L ELEV MN POWWODAIM _ ____ I - ___-_—_ .. -E. t S - - - i I - - - — D l OIAffD TEpM WRA !'~! - i 9AT1H16itMTt1MLTERM °— Itr� Brtam - - B+C - aoTroLRArre�n O..p�PTEL I I ` .-..��^81EEL IEAOEA QL g -T"o�- ,C R��'Opb•R ILr.,I I 1.40cem�MA00FlM� F I i RATLMML TERM anva C YAPMI" �I I� O � WINDOWS A TERRA COTTA B TERRA COTTA L-1 GLAZED D TERRA COTTA E ZINC CLADDING F POWDER-COATED COLUMN G WINDOWS H COLORED CMU I 3RD FLOOR PLANK RAINSCREEN 'BOARD&BATTEW — TERRA COTTA SUN SCREEN (RED AT UPPER (PAINTED STEEL) RAINSCREEN (BLACK) OVER WINDOWS STORIES.BLACK AT STOREFRONT) HYMAN AVENUE ELEVATION 3,iG T n' •Materials honor the commercial core and Benton Building *Durable and tested in similar climates *Materials convey hierarchy of building composition Lighting Plan EXTERIOR LIGHTING KEY (5)TYPE A RECESSED (SEE CUT SHEETS PROVIDED FOR DOWNLIGHTS IN SOFFIT MANUFACTURER 8 MODELS) D ' B TYPE A RECESSED DOWNLIGHT TYPE B.WALL SCONCE B B TYPE C STEP LIGHT D IS TYPED BOLLARD LIGHT rIT" B B D O B L •. (2)TYPE EB (4)TYPE A RECESSED DOWNLIGHTS IN SOFFIT .ra — � pppPfpP{p1,1,Ig0V6iNM� l3} ELFV PEWI" BFV W o•71" "ra2_T IMA6+1.. !/6TNR M910IIE 6TN PENT OIJBE — .----'----- -- – W,CF a, ----- - -- -- I L L 1H- F — ' f o.0o- i nEnon$__uwma„ouwar EXTERIOR LIGHTING ? O atl0Ri0M110° As indicated ASPEN CORE Al2 I K E KLIGERMAN BARKLEY o�1a ARCHITECTS,P-C. Aspen.Colorado I I I j i m LL °`• Z Z Z g n a 1 t � c E E • m E a m ` EL U LJ � � � I ems• •o O0 om i I b ,� A 0 ,e p n� Iii. __ •e• W . n D Hunter Street � I Streetscape Plan �r Public O en Space p Raised marble bench G—le block paver Inset marble Paving plan based on V 7 Benton 's graphic art Raised bench a v v woo o 0 Tree plantings to o a o Parks Dept. specifications • t= 0 unimpeded view to store windows y,ss► mo pow lmz� -ft MONO, io �{ '–��•—��� ��.— _ yr urM �� ilk i�rYf tll � _ _--_-- —_- -��r - "� '.�'s—�, � '�" '�'.r r✓ I�r r� iMw� w nKr4"i a _ _.__ - - _w-�.�,rr wM�1�...�M '4'VX!YAI'WaMa��1IWIFiiYitl�ar�/I�111� +W4 14.-�ya, �. � dl,� yx�a ,,. ����� �� ,. 5r � � . �/ Y � �� �� - r,�; �: i _ !� '���i �IH^4�`r'�- �'� y f` '��� I FF ' Ap4� .�,.. 'f VI..� ,I r n� �: } r se { �� �C, '#;,li � � ��.., .. � ..:, �\ Mechanical Setback , z 3 Q Q i I 1 iERR110E TERRACE 1 1ELOW I BELOW j I 1 i f I � .-✓s / 1 •�- `-- TERRACE 1 .���`z ; �'r�"5 t�f- .." •.I STAIR ,ZS MECH ELEY ROOF TERRACE MECIMNOAL 7 BELOW I BENTON r 8 ROOF I•. I OF BELOW IOW.: • I 1 MRARRINT IWW RW rLnNr 11 i Ron I I I I ROOF TERRACE AREA:4,225 sf ROOF PLAN tre•-r-T Design Objectives 1 . Maintain retail orientation Benton and corner restored to retail orientation 2. Promotes creative contemporary design that the respects historic context - New structure, contemporary design urged by HPC - Materials compatible with downtown historic palette 3. Maintain the traditional scale of building - Three story corner element with traditionally scaled storefront, widows, and building cornice - Mid-block elements emphasize two-story components 4. Reflect the variety in building heights seen historically - Project includes one and two-story elements - Three story corner anchor with significant setbacks S. Accommodate outdoor public spaces where they respect the historic context - Public space in front of Benton Building restored 6. Promote variety in street level experience - Punctuated entryways - Varied storefront depths 7. Preserve the integrity of historic resources within the district - Restoration of Benton facade and roof and preservation of rustic style Little Annie's complements historic properties within the district AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: II SI 7 -E✓v!L'n A->&Q- Aspen, CO SCHEDULED PUBLIC HEARING DATE: Wed PMit^, 2-F49 57:000 nn ,20� Z STATE OF COLORADO ) ss. County of Pitkin ) L (name, please print) being or represe ting 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: r C"_ 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. I 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 and was continuously visible from 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 notice. B the mailing of a notice obtained from the Community g f Y g Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they 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. (Continued on next page) i 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. IS Signature The foregoin "Affidavit of Notice" was acknowledged before me this_I day of 2a2,by PUBLIC NOTICE WITNESS MY HAND AND OFFICIAL SEAL RE: 517 E,/HYMAN AVENUE(AKA LITTLE ANNIE'S EA RY LOCATION),521 E.HYMAN AVENUE(A A THE BENTON BUILDING)AND THE PAR NG LOT ON THE CORNER OF ,. . .. ... HUNTER AND HYMAN, FINAL MAJOR �•°••°••.°pO•°`� MY mission expires: �- DEVELOPMENT AND FINAL COMMERCIAL Y DESIGN STANDARD REVIEWS NOTICE IS HEREBY GIVEN that a public hearing : �NDA will be held on Wednesday,March 28,2012 at their ® !A��+ e° regular meeting to begin at 5:00 p.m.before the ° N A(V Ii°/l.7 Aspen Historic Preservation Commission(HPC), • ° Notary ublie Council Chambers,City Hall,130 S.Galena St., "° Aspen,to consider an application submitted by As- pen Core Ventures LLC c/o Garfield and Hecht, ` PC, 601 E. Hyman Ave., Aspen, CO, �OFC 970-925-1936. The applicant is represented by Stan Clauson of Stan Clauson Associates,Inc., Sslon Ex6res Q,01201 412 N.Mill St.,Aspen,CO,970-925-2323.The e �(y L R project affects the properties located at 517 E.Hy- man Ave.,521 E.Hyman Ave.and the vacant par- cel(parking lot)on the corner of Hunter and Hy- man,legally described as Lots E-I,Block 95, including Benton Building Units 1 and 2,City and Townsite of Aspen'County of Pitkin,State of Col- ATTACHMENTS AS APPLICABLE: orado,PID#s:2737-182-24-004,2737-182-54-001, 2737-182-54-002,2737-182-24-002. OF THE PUBLICATION Through the AspenModern program,the applicant race approval from City Council to merge the OGRApH OF THE POSTED NOTICE (SIG three subject lots into one 15,000 square foot lot �NMENT AGENGIES NOTIED and to construct a mixed use building on the park- OWNERS AND GO�IU` ing lot. Landmark Designation of the Benton OF THE OWN Building and the building housing Little Annie's was approved by City Council via Ordinance 5,Series IL OWNERS NOTICE of 2012. The applicant requests Major Develop- L ESTATE O ment Final Review for Historic Landmark and Final Commercial Design Review. For further informa- CANT CERTICICATION OF MINE tion,contact Sara Adams at the City of Aspen Community Development Department,130 S.Ga- QUIRE D BY C.R.S. §24-65.5-103• lena St.,Aspen,CO,(970)429-2778,sara.ad- ams@cLaspen.co.us. ams @cl aspen.co.us. a/Ann Mullins Chair,Aspen Historic Preservation Commission ' Published in The Aspen Times Week on March 8, 2012. [7645196] AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE ADDRESS OF PROPERTY: 517 E. Hyman Avenue,521 E. Hyman Avenue, and the parking lot on the corner of Hunter and Hyman,Aspen, CO SCHEDULED PUBLIC HEARING DATE: 28 March 2012 STATE OF COLORADO ) ) ss. County of Pitkin ) I, Stan Clauson 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: X 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. X 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 sted at least fifteen(15) days prior to the public hearing ale from the 8b day of March, 2012,to and including blic hearing. A photograph of the posted notice (sign) nailing of a notice obtained from the Community Yw.u..li<'a SttE Myr..n w which contains the information described in Section earns a H,..w r,.wnnm « � en Land Use Code. At least fifteen 15 days prior to �p ( ) Y p was hand delivered or mailed by first class postage mers of property within three hundred(300) feet of the = ielopment application. The names and addresses of coNnrnrtu n.won m. =a,. M lose on the current tax records of Pitkin County as they ty(60) days prior to the date of the public hearing. A -�� Oernmental agencies so noticed is attached hereto. 1�r�M'MIl. ontinued on next page) X 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 that create more than one lot, Planned Unit Developments, Specially Planned Areas, and COWAPs are subject to this notice requirement. X 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. v fir. Signa ure The foregoing "Affidavit of Notice"was acknowledged before me this 12th day of March, 2012, by Stan Clauson. Q%GK•s.Rljy WITNESS MY HAND AND OFFICIAL SEAL 4Q.. N4TARY••: My commission expires: `7 PUBLIC 'fj�,•OF•���• Notary Public < *Co ""m Expires 07/23/1012 ATTACHMENTS AS APPLICABLE: • COPYOFTHEPUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE(SIGN) • LIST OF THE OWNERSAND GOVERNMENTAL AGENCIES NOTICED BYMAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 I STAN CLAUSON ASSOCIATES INC 'NI landscape architecture. planning. resort design � 412 North Mill Street Aspen, Colorado 81611 t-970/925-2323 f.970/92o-1628 info @scaplanning.com www.scaplanning.corn 12 March 2012 Ms. Sara Adams, Senior Planner City of Aspen Community Development Department 130 S. Galena Street, 3rd Floor Aspen, CO 81611 Re: Aspen Core / Research of Mineral Estate Owners Dear Sara: On behalf of our clients, Aspen Core Ventures, LLC, and in connection with the Major Development Final Review for Historic Landmark and Final Commercial Design Review of 517 E. Hyman, 521 E. Hyman, and the property located at the corner of Hunter and Hyman,we have performed the public notice requirements as required by Sec. 26.304.060(E) of the City of Aspen Land Use Code. Among the requirements contained in Sec.26.304.060(E) is the requirement to notify affected mineral estate owners by certified mailing at least thirty (30) days prior to the date of the public hearing. Stan Clauson Associates, Inc has researched mining claim or possession deeds dating to the late 19th century with the Pitkin County Clerk and Recorder's records (the "Public Records") using exceptions contained in Title Policy issued by Fidelity National Title Insurance Company, Policy Number 27-031-06-109526, issued to Aspen Core Ventures, LLC. A review of the Public Records does not generate any record of the referenced deeds noted in the title policy. A search of the records of the Secretary of State of Colorado has similarly failed to locate records associated with the individuals named as deed holders. As no reliable address can be located for the deed holders, a public notice has not been sent to the mining claim or possession deed holders identified in the title policy. This letter is submitted to you to confirm our good-faith attempts to locate a list of mineral estate owners. Please call me with any questions. Very truly y Signed before me this 12th day of March, 2012 by Stan Clauson. WITNESS MY HAND AND OFFICIAL SEAL S an Clauson, AICP, ASLA MY COMMISSION EXPIRES: 0 :3 1.20/Z STAN CLAUSON ASSOCIATES, INC. V4-f-P- IGt f Wcr Cc: Nikos Hecht CA�tpo Notary Public Y Notary Public's Signature o M1t lion ExOes610; spy. PUBLIC NOTICE RE: 517 E. HYMAN AVENUE (AKA LITTLE ANNIE'S EATERY LOCATION), 521 E. HYMAN AVENUE (AKA THE BENTON BUILDING) AND THE PARKING LOT ON THE CORNER OF HUNTER AND HYMAN, FINAL MAJOR DEVELOPMENT AND FINAL COMMERCIAL DESIGN STANDARD REVIEWS NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, March 28, 2012 g at their reular meeting to begin at 5:00 p.m. before the Aspen Historic Preservation Commission (HPC), Council Chambers, City Hall, 130 S. Galena St., submitted by Aspen Core Ventures LLC c/o Garfield and Hecht, PC, 601 En Hyman Ave., Aspen, CO, 970-925-1936. The applicant is represented by Stan Clauson of Stan Clauson Associates, Inc., 412 N. Mill St., Aspen, CO, 970-925-2323. The project affects the properties located at 517 E. Hyman Ave., 521 E. Hyman Ave. and the vacant parcel (parking lot) on the corner of Hunter and Hyman, legally described as Lots E - I, Block 95, including Benton Building Units 1 and 2, City and Townsite of Aspen, County of Pitkin, State of Colorado, PID#s: 2737-182-24-004, 2737-182-54-001, 2737-182-54-002, 2737-182-24-002. Through the AspenModern program, the applicant received approval from City Council to merge the three subject lots into one 15,000 square foot lot and to construct a mixed use building on the parking lot. Landmark Designation of the Benton Building and the building housing Little Annie's was approved by City Council via Ordinance 5, Series of 2012. The applicant requests Major Development Final Review for Historic Landmark and Final Commercial Design Review. For further information, contact Sara Adams at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2778, sara.adams @ci.aspen.co.us. s/Ann Mullins Chair,Aspen Historic Preservation Commission Published in the Aspen Times on March 8, 2012 City of Aspen Account Easy Peeler Labels i ♦ WMM'� Bend along line to 11 Use Avery®Template 51600 j °eed Paper expose Pop-Up EdgeTM j AVERY0 51600 1 308 HUNTER LLC 4 SKIERS LP 490 WILLIAMS ST 1108 NORFLT DR 517 EAST HOPKINS AVENUE LLC EE DENVER,CO 80218 NASHVILLE,EE 372201412 517 E HOPKINS AVE ASPEN,CO 81611 520 EAST COOPER PTNRS LLC 610 EAST HYMAN LLC 402 MIDLAND PARK C/O CHARLES CUNNIFFE 630 EAST HYMAN LLC ASPEN, CO 81611 610 E HYMAN AVE 532 E HOPKINS AVE ASPEN,CO 81611 ASPEN,CO 81611 633 SPRING II LLC ADESSO LLC 418 E COOPER AVE#207 614 E DURANT AVE AGRUSA LISA ANN ASPEN,CO 81611 ASPEN, CO 81611 425 W 23RD ST#15-E NEW YORK, NY 10011 ANDERSON COMMERCIAL PROP LLC ANDERSON ROBERT M&LOUISE E AP RT 29 LLC 614E 1021 23RD ST C/O KATIE REED MANAGMENT CO 81 611 11 81 ASPEN,,GO CHETEK,WI 54728 418 E COOPER AVE ASPEN,CO 81611 ARCADES ASSOCIATES LTD LLC C/O KRUGER&CO ASPEN ART MUSEUM ASPEN CORE VENTURES LLC 400 E HYMAN AVE 590 N MILL ST C/O KATIE REED MGMT ASPEN, CO 81611 ASPEN,CO 81611 418 E COOPER AVE#207 ASPEN,CO 81611 ASPEN GROVE ASSOCIATES LLP C/O M&W PROPERTIES ASPEN KOEPPEL LLC ASPEN PLAZA LLC 205 S MILL ST#301A 3551 ST GAUDENS RD PO BOX 1709 ASPEN, CO 81611 COCONUT GROVE,FL 331336530 C/O STEVE MARCUS ASPEN,CO 81611 ASPEN RETREAT LLC ASPEN SQUARE VENTURES LLP 6536 E GAINSBOROUGH C/O M&W PROPERTIES AV STEIN LLC 19.08% SCOTTSDALE,AZ 85251 205 S MILL ST STE 301A 601 E HYMAN AVE ASPEN,CO 81611 ASPEN,CO 81611 AVH ONION VENTURES II LLC 8.208 AVP PROPERTIES LLC 601 E HYMAN AVE 630 E HYMAN AVE#25 BASS CAHN 601 LLC ASPEN,CO 81611 PO BOX 4060 ASPEN,CO 81611 ASPEN,CO 81612 BATTLE GERALD LIVING TRUST HIXON BURT LIVING TRUST BERN FAMILY ASPEN PROPERTY LLC BERSCH BLANCHE TRUST PO BOX 2847 944 PARK AVE 14TH FL 9642 YOAKUM DR NEWPORT BEACH, CA 92659 NEW YORK,NY 10028 BEVERLY HILLS, CA 90210 31DWELL BERT INVESTMENT CORP BISCHOFF JOHN C BLACK HAWK ASPEN LLC ?870 PEACHTREE RD#427 502 S VIA GOLONDRINA ROECLIFFE COTTAGE JOE MOORES LN ATLANTA, GA 30305 TUCSON,AZ 85716-5843 WOODHOUSE EAVES LEICESTERSHIRE LE12 8TF ENGLAND, :tiquettes faciles a peter A Repliez A la hachure afin de; www.avery.com Jtilisez le gabarit AVERY@ 51600 i Sens de ry. 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94954-9256 MERCER ISLAND,WA 98040 HOPPES DIANA HORSEFINS LLC 5400 VERNON AVE#106 601 E HOPKINS AVE HUNKE CARLTON J LVG TRST EDNA, MN 55436 ASPEN, CO 81611 4410 TIMBERLINE DR SW FARGO,ND 58103 HUNTER PLAZA ASSOCIATES LLP INDEPENDENCE PARTNERS 205 S MILL ST#301A C/O CAPMARK INC INDEPENDENCE SQUARE UNITS LLC ASPEN, CO 81611 205 S MILL ST#301A 3109 OAKMONT DR ASPEN,CO 81611 STATESVILLE, NC 28625 JENNE LLP JOSHUA&CO REAL ESTATE HOLDINGS 1510 WINDSOR RD LLC JOYCE EDWARD AUSTIN, TX 77402 300 S HUNTER ST 1310 RITCHIE CT ASPEN,CO 81611 CHICAGO, IL 60610 KOEPPEL KEVIN F TRUST KRAJIAN RON 3551 ST GAUDENS RD 617 E COOPER AVE#114 1417 W L ASPEN LLC COCONUT GROVE,FL 33133 ASPEN,CO 81611 1417 WEST 10TH ST AUSTIN,TX 787034816 KUTINSKY BRIAN LCT LP LEFFERS JEFFREY J TRUSTEE 26480 NORMANDY RD TENNESSEE LIMITED PARTNERSHIP GERARDOT J REVOCABLE TRUST FRANKLIN, MI 480251034 PO BOX 101444 5526 HOPKINTON DR NASHVILLE,TN 37224-1444 1 AG/ FORT WAYNE, IN 46804 ti isez le fabari a peter ♦ Repliez A la hachure 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MOEN DONNE P& ELIZABETH A MORRIS ROBERT P 8 CABALLEROS RD 600 E HOPKINS AVE STE 304 MYSKO BOHDAN D ROLLING HILLS,CA 90274 615 E HOPKINS ASPEN,CO 81611 ASPEN,CO 81611 N S N ASSOCIATES INC NATTERER HELEN 11051 W ADDISON ST 67 BAYPOINT CRIES NEUMANN MICHAEL FRANKLIN PARK, IL 60131 OTTAWA ONTARIO 7381 MOHASNIC DR CANADA K2G6R1, BLOOMFIELD HILLS, MI 48301 NH ONION VENTURES II LLC 16.918% NIELSON COL STEVE&CAROL D 601 E HYMAN AVE 501 S FAIRFAX NJ STEIN LLC 52.98% ASPEN,CO 81611 ALEXANDRIA,VA 22314 418 E COOPER AVE#207 ASPEN,CO 81611 NONNIE LLC NORDAN JOSH 630 E HYMAN AVE 433 PLAZA REAL#275 OLITSKY TAMAR G&STEPHEN L ASPEN,CO 81611 PO BOX 514 BOCA BATON,FL 33432-3999 GWYNEDD VALLEY,PA 19437 P&L PROPERTIES LLC PEARSON REBECCA J 101 S 3RD ST#360 1610 SON DR PETERSON CHRISPY&JAMES E JOHN GRAND JUNCTION, CO 81501 1610 JOHN R,MN 55082 867 HAVEN CREST CT NORTH GRAND JUNCTION, CO 81506 PITKIN CENTER CONDO OWNERS ASSOC PITKIN COUNTY BANK 80% PLATNIUM GLOBAL VENTURES LLC 517 W NORTH ST 534 E HYMAN AVE 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I I I n» z STAIR I I I RESTORED LITTLE ANNIES i I BENTON (NO CHANGE) GALLERY - � - - - —COM.- - — - — - - - - - - - - - - - - \/ ENTRY \I RETAIL 0 El RECESSED ENTRY AT I "CORNER BUILDING"�a ADJACENT TO COLUMN,TYP. I I remove paint and repoinr CMU — m block va0s 8 columns(typical) RECESSED ENTRY AT "MODERN"SECTION OF J HYMAN ELEVATION nit 1 2 3 4 5 6 FIRST FLOOR PLAN 1/8"=T-0" Al 1 K E KLIGERMAN BARKLEY ASPEN CORE ARCHITECTS,P.C. Aspen, Colorado 3120/12 1 2 3 4 5 6 I I I I I I I I n - - - - - - - - - - - - - - ON RESIDENTIAL it UNIT2 EXIT STAIR EXIT SERVICE/ STAIR EXITING I I UP BENTON SHAFT LOBBY OFFICE I EXIT=__ - - - -- - - - - - - - - RES. MAINT. - STAIR-- -- - - - - - - - - -- - - �J ELEV. I - I OFFICE OFFICE - . - - ELEV. I LL1JLl I RECEPTION I I I I I 1 B )- - - - - - - - - - - - - - -- - - -i- - - - - - - - -- - � \J I III � IIIII I I I B UP I I I I I RESIDENTIAL UNIT 1 SKYLIGHT I I I I I I 1 2 3 4 5 6 SECOND FLOOR PLAN 1/8"=1'4" I K E KLIGERMAN BARKLEY ASPEN CORE A2 ARCHITECTS,P.C. Aspen,Colorado 3/20/12 1 2 3 4 5 6 TERRACE a TERRACE _ - - - - -I- - -- O R\\\\ \ PLANTED ROOF O 0 ,._.. UP U tDN \ / _ _ OPENTO a \ BELOW — — — — — — — — — — __7./Z_� D e d trusses above \ xpose / sKVUO BELO TERRACE 1 2 3 4 5 6 THIRD FLOOR PLAN 1/8"=V-0" I K E KLIGERMAN BARKLEY ASPEN CORE A3 ARCHITECTS,P.C. Aspen, Colorado 3/20/12 1 2 3 4 5 6 I I I I I I TERRACEI TERRACE I - BELOW a BELOW �/ PLANTE TERRACE I' IT STAIR MECH.... _. .. .. I — — — ELEV. — —— — — — — — —— —— —— — — 29'-3• -. ROOF TERRACE I: MECHANICAL I .. .. I - EXIT STAIR ... _ TERRACE LITTLE BENTON ANNIE'S ROOF OW _ F BEL BELOW DN CHIMNEY AT MINIMUM HT • � ROOF E . .. BENTON RAK "PLANTED': .'. ROOF: t; TERRACE a BELOW I I I I I I 1 2 3 4 5 6 ROOF TERRACE AREA: 4,225 sf ROOF PLAN 1/8"= 1'-0" I K KLIGERMAN BARKLEY ASPEN CORE A4 ARCHITECTS,P.C. Aspen, Colorado 3/20/12 e o r ELEV PENTHOUSE ZINC CLADDING BRICK VENEER 8 NORTH STAIR @ STAIR&ELEVATOR CHIMNEY WITH 50'-0" E STONE CAP ZINC CLAD STAIR PENTHOUSE STAIR PENTHOUSE GLASS RAIUNG _ S( OUTH)- _ - -_ - -_ - - - - - --- _ W/O TOP RAIL STAINED WOOD -�.. ....._. MECHANICAL GLAZED TERRA COTTA ENCLOSURE . I CORNICE W/ALTERNATING TEXTURED PANEL ROOFTOP I ROOFTOP TERRACE _ _ TERRACE C 3 i i GLASS RAILING W/O TOP RAIL A THIRD FLOOR --"---�- - ----- ----°- '-'--- _ < _ _ THIRD FLOOR GLAZED TERRA COTTA SILL ---- GLAZED TERRA ALUMINUM STOREFRONT ' ----T---- ---- COTTA LINTELS WITH KYNAR FINISH(TYPJ - -- -- - - J ........_ ... ... --- 1 --1 -�------i-- -- - --- - - ---- -- --- - - - - - SECOND _ FLOOR B+C BATTENS TO BE POWDER COATED GLAZED(PANELS TO BE - STEELHEADER NATURALTERRA I � COTTA COLOR) POWDER COATED STEEL C HEADER ALUMINUM STOREFRONT WITH KYNAR FINISH(TYP.) I .. .-__ .____... _ .: .-_-- FIRSTFLOO_R /1 RESIDENTIAL ENTRY F G G 1 FA TERRA COTTA B TERRA COTTA ❑C GLAZED FD] TERRA COTTA FE ZINC CLADDING �F POWDER-COATED G❑ ANODIZED COLORED CMU �I 3RD FLOOR PLANK RAINSCREEN BOARD & BATTEN TERRA COTTA SUN SCREEN STEEL COLUMN WINDOWS WINDOWS RAINSCREEN (BLACK) OVER WINDOWS (RED AT UPPER (PAINTED STEEL) STORIES, BLACK AT STOREFRONT) HUNTER STREET ELEVATION 3/16"=1'-0" I K E KLIGERMAN BARKLEY ASPEN CORE A5 ARCHITECTS,P.C. Aspen, Colorado 3/20/12 1 T ELEV PENTHOUSE 8 NORTH STAIR 5a-0" STAIR PENTHOUSE POWDER COATED I I � SPUTHL STEEL COLUMNS 49--0- - ZINC CLADDING ZINC CLAD - CHIMNEY MATH _ _ _ _ _ _ _ _ _ _ -�MECH END LOS URE I1 /\ MECHENCLOSURE_ - 7—- — -—- —-— - —- :T W/O TOP - _ - — - I- - — - — - STONE CAT- — - — - —- — —r —- — - -V ROOFTOP I TERRACE_ O" I G EXPOSED WOOD TRUSS I I I WOOD FRAMED WINDOWS A D .... -° '.� ;.__::__-_. _-..--. ...i _ ._.. ._ _._.__ .. ._.. -- --- �_'-_ - - ---- BLOCKWALCMU I THIRD FLOOR - — - ----- --- ----.. -------------. -.--- - -- -- -- - - - - -- - - - -- GLAZED TERRA COTTA BATTEN58NATURAL NATURAL TERRA COTTA @ SPANDRELS -- ----� - - - -- - —-— - — - - - Benton Mezzanine OND FLOOR- B C I It l i I — GLAZED TERRA COTTA RAINSCREEN 1 - _- _-_ _ _Benton 2nd Fbor�1 ALUMINUM 71 '- STOREFRONT WITH KYNAR FINISH - ----- ------ - (TYPICAL) - I - -- -C ---- ----- ------- ___------ A F IRT FLOOR T STEEL HEADER I I I 1x6 CEDAR WODFRAMED NATURAL T ^ SIDING STOREFRONT OTPE S I I j Vlll� ' nA TERRA COTTA [B TERRA COTTA C GLAZED �D TERRA COTTA �E ZINC CLADDING �F POWDER-COATED G❑ ANODIZED �H COLORED CMU ❑I 3RD FLOOR PLANK RAINSCREEN BOARD & BATTEN TERRA COTTA SUN SCREEN STEEL COLUMN WINDOWS WINDOWS RAINSCREEN (BLACK) OVER WINDOWS (RED AT UPPER (PAINTED STEEL) STORIES, BLACK AT STOREFRONT) HYMAN AVENUE ELEVATION 3/16"=1'-0" I K E KLIGERMAN BARKLEY ASPEN CORE A6 ARCHITECTS,P.C. Aspen,Colorado 3/20/12 5 4 3 2 TEL*EV➢NL CLAO ELEVATOR 8 STAIR PENTHOUSE BEYOND PENTHOUSE STAIR PENTHOUS jSOUTH - — — — GLASS RAIW/0 TOP GAP ! LING I I I 1 I ROOFTOP TERRACE JFK 41._p" E I � - - ----- ------ E W10 TOP CAP _! L -----_---_' _ -- -- - -- -- =1 _ - THIRD 26 FLOOR 0 _. BentonMezzenine _ - - - - --- - - - - _1 - - - - _ - -- - _ I - / WOOD WINDOWS - I —= B+C =_— — - - - -- - I I �� �mm � SECOND FLOOR PAINTED STEEL HEADER Benton 2nd Floor b ALUMINUM RONT I : O.... .._ i.. � WITH KYNAR FINISH H - - - -_ .• `-------.._....--- -__- ___-_-------- FIRST FLOOR RAW CMU BLOCK I 1 COLORED CMU I GLAZED TERRACOTTA 1 TO MATCH EXISTING u BELOW STEEL HEADER AW [A] TERRA COTTA nB TERRA COTTA Irc GLAZED D TERRA COTTA ❑E ZINC CLADDING �F POWDER-COATED G❑ ANODIZED ❑H COLORED CMU ❑I 3RD FLOOR PLANK RAINSCREEN BOARD & BATTEN TERRA COTTA SUN SCREEN STEEL COLUMN WINDOWS WINDOWS RAINSCREEN (BLACK) OVER WINDOWS (RED AT UPPER (PAINTED STEEL) STORIES, BLACK AT STOREFRONT) ALLEY ELEVATION 3/16"=V-0" I K E KLIGERMAN BARKLEY ASPEN CORE A7 ARCHITECTS,P.C. Aspen, Colorado 3/20/12 ELEV PENTHOUSE , .- , .. Aww ROOFTOP RRACE IRD FLOOR CO D FLOOR FIRST FLOOR HYMAN MATERIALS DIAGRAM P1 PV PFNTHOI I.qr STAIR PENTHOUSE _ °11,1,1■■■„°—���'�I _ �"C , ■ I I I ■ ■ I - - • 49 0 - ROOFTOP _•• •- • .� Ifni■11��1�1-1=I ■�Ic THIRD FLOOR A-\ ■■ ■■ ■■ ■■ ■■_=_■■ ■■c d TH LEN FLOOR FIRST FLOP- 01 I, ' •• S I . . ' © LS �TE • Material Dia_qrams 1 All ARCHITECTS, Aspen, • • .•• 03/20/12 i li i i I HUNTER STREET PERSPECTIVE HYMAN AVENUE PERSPECTIVE STREET VIEWS K E KLIGERMAN BARKLEY ASPEN CORE A8 ARCHITECTS,P.C. Aspen, Colorado 3/20/12 I, RESTORED BENTON CMU WALL COMMERCIAL ENTRY/ BENTON CONNECTION FACADE REFERENCE INTERIOR CHARACTER INTERIOR CHARACTER EXPOSED WOOD _ TRUSSES TO MATCH ORIGINAL WOOD CURTAIN WALL SYSTEM _ - - •+ � ZINC STANDIN G SEAM ROOF WINDOW WITH PROJECTING HEAD& ILLTRIM WOOD FRAMED BAY WINDOWS W/SIDEUTES 1x6 CEDAR SIDING REMOVE PAINT AND REPOINT CMU BLOCK WALLS&COLUMNS I BENTON BUILDING HISTORIC PRECEDENCE K E KLIGERMAN BARKLEY ASPEN CORE A9 ARCHITECTS,P.C. Aspen, Colorado 3/20/12 ----- _AL LEVEL COMMERCIAL F.M.RESIDENTIAL BENTON LITTLE ANNIE'S COMMERCIAL F.M.RESIDENTIAL BENTON N.L. LITTLE ANNIE'S FA.R F.A.R. F.A.R. F.A.R. LEVEL NET LEASABLE NET LIVABLE N.L. UP BASEMENT 0 SF 0 SF 0 SF 0 SF BASEMENT 4,250 SF 0 SF 0 SF 0 SF FIRST FLOOR 7,723 SF 305 SF 2375 SF 3,000 SF FIRST FLOOR 6,096 SF 0 SF 1,507 SF 2,460 SF unit 1 1 Commercial Leasable SECOND. WOR 6,552 SF 2106 SF 2310 SF 0 SF SECOND FLOOR 5,513 SF 1,261 SF 2,147 SF 0 SF 4240 SF I r 521 E HYMAN unit 2 I 521 SF I UP I unit THIRD FLOOR 0 SF 6,539 SF 360 SF 0 SF THIRD FLOOR 0 SF 4,802 SF 0 SF 0 SF unit 2 1,021 SF unit 1 BASEMENT 4 1/1� COMMERCIAL TOTALS 14,275 SF 8,950 SF 5,045 SF 3,000 SF TOTALS 15,859 SF 6,063 SF 3,654 SF 2,460 SF 2,712 SQ FT unit 2 1,542 SF TOTAL ASPEN CORE PROPOSED F.A.R.: TOTAL COMMERCIAL NET LEASABLE TOTAL F.M.RESIDENTIAL NET LIVEABLE 31.270 SQUARE FEET-INCLUDES 517&521 HYMAN 21,973 SQUARE FEET- 7.605 SQUARE FEET RESIDENTIAL NON UNIT SPACE: COMMERCIAL NON UNIT SPACE: (INCL 517&521 HYMAN) 305 SQ.FT. STAIR+ELEVATOR COMMERCIAL NON UNIT SPACE: EXEMPT SQ.FT. /_r _ ® 71 I I NI I 664ASFE T26 SF L u I TW\ I I 1 I I I I NI I 100 SQ.FT I _ BENTON AIRLOCK j ELEV..a I EXEMPT BENTON LITTLE I COMMERCIAL I BLDG. NETLEASABLE T -- BLDG.: ANNE'S: - NI I R 521EAST 517 EAST \\N A 1 I C HYMAN HYMAN I E 193 SF I rnnn I O O I I I T25 SFE ----_------- — rl FIRST FLOOR 2 SECOND FLOOR ELEF 8 TOP LEVEL 1111 PUBLIC AMENITY SPACE: 1/16"-1'_" OF STAIRCASE J1 THIRD FLOOR EXEMPT 1/16" 405 SO.FT. ALLOWABLE VS PROPOSED OUTDOOR SPACE. SQUARE FOOTAGE OUTLINES SHOWN AT INSIDE FACE FOR CLARITY ALLOWABLE OUTDOOR AREA: 15,000SF X 2.5 X 15%=5625 SF AREA PLANS PROPOSED OUTDOOR AREA: 3RD FL: 1397SF ROOF:4225 SF 1/16"=V-0" TOTAL: 5622 SF < 5625 =OK K E KLIGERMAN BARKLEY ASPEN CORE A10 ARCHITECTS,P.C. Aspen, Colorado 3/20/12 s P a � s Z N O N N d C O �O � voa 4m 2 �o d m ?v 3 in m 0 0. o � F cto,c o-v 0 N d rn n (D m m m ..m x <D N � 7 2�c� 11 a Q �C O i y Q C:.R 7" d M m m 3 n � m ? cn 7A 2 3 H A Q, k A 3 � � N N j A Z y 3 41. d o Co C, A on � � m zr d T a m n N y Vt N` W pl N N r N Ci d d � 3 q q 2 d D m CD c je631S 3elunH DATE:I-FEB-12 SHEET: - STAN CLAUSON ASSOCIATES INC Aspen Core 521 , 517 E. Hyman Date: landscape archit ecture.Olen ping.resort design Revisions: LA I 4t2 North Mill Street Aspen.Colorado 816it Streetscape Landscape Plan Avenue t.970/925•2323 f.970/920a628 info@scaplanning.com www.scaplanning.com N F- LU N CL W C O LU '• V_I H Y > _ Q O 6 -Raised marble bench rGranite block paver Inset marble screened to soil eeproot barrier UB 24-2 as curb and utter Manufactured by Deep Root Partners, L.P. 1-800-458-7668 G `... : road base oncrete pavement sidewalk E 1 ' ndisturbed soil w F— LID N 2 Ri ht-of-Way Planting Scenairo `n N.T.S. 4 O Grass I 46.00GO 7 p o o Belgian Block j p - - 24,G ivsma111111111116 p NOW M-� 0 .... I r\I A le O I „� r LSCOG v0.501 1.2500 W a Tree Grate - Ironsmith Part No. 4814-1 Q 3 N.T.S. Q 0 L } x�rz _---� WITH ANCHOR 4-FOR PAVERS WITH -L4'X 1-L+'X I/+•LfEEL MLLE .�. CONCRETE BASE ^' VL/ ANCHORAGE PROVIDED BV 1!4' }• THICK x 2'STEEL TABS SHOP N 0Y nu r.x _ e 1i.,aia WELDED TO FRAME a.� TABS SLOTTED 7116"x 3/4'FOR CONCRETE(WEDGE ANCHOR BY INSTALLER) sccncx*x¢a++E n.rE FRAME JIG WELDED FROM 1J/4•x X9 +.Qn 1-Y4”x 1A-STEEL ANGLE _ I U FRAMES CAN BE HOT DIPPED GALVANIZED V IF7 O ..�^•^��— OTHER INSTALLATION o CONFIGURATIONS AVAILABLE W— E 00 4 Tree Grate Frame - Ironsmith Part No. 4800-F-4 N.T.S �A o Q° ao 3 C=) o E uo `a a OL d" Benton Pedestrian Amenity Space J V z A Q O F a = 0a ®B MCLAU6 118S RTES,INIC 1012 T✓1 C Far P" ;Only,Not ConA,-- r.r,fir • Ey F Type:=A VERSA STAR TM MR 16 m � PROJECT: TYPE: CATALOG NUMBER: LAMP(S): NOTES: CATALOG NUMBER LOGIC ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Example: B - VS - MR - 4 - MIT - 10 - 11 - AJ Material -I Blank.-_Aluminum B_-_Brass -S - Stainless Steel Series VS - Versa Star' Optics MR - MR16 Lamp .----------------------- 0 - By Others 4 _ FRA(35W),23°N.Flood 17 - EYP(42W),40-Flood 9 - FNV(SOW),60'W.Flood 1 - ESX(20W),12-Spot 5 - FMW(35W),40-Flood 6 - EXT(50W),13-Spot 2 - BAB(20W),40-Flood 15 - EYR(42W),12-Spot 7 - EXZ(SOW),26-N.Flood 3 - FRB(35W),12-Spot 16 - EYS(42W),25-N.Flood 8 - EXN(50W),40-Flood Finish Aluminum&Brass Faceplates Brass Faceplates Powder Coat Color Satin Wrinkle Machined MAC Bronze BZP BZW Polished POL Black BLP BLW Mitiquel MIT White(Gloss) WHP WHW Stainless Faceplates Machined MAC Aluminum SAP — Polished POL Verde — VIER Brushed I BRU Also available in Premium Finishes See submittal SUB-1439-00 for Premium Finishes Lens 9 - Clear Lens(Standard) 12 - Soft Focus Lens 10 - Spread Lens 13 - Rectilinear Lens Shielding 11 - Honeycomb Baffle Options AJ - Adjustable Lamp Bracket TP - Thermal Protection (20W Max.Lamp) LAMP DATA BK No. Lamp Watts Description Rated Life(hrs.) Center Beam Candlepower Beam Angle. Beam Type 1 20 ESX 3,000 4,300 12' Spot 2 20 BAB 3,000 575 40° Flood 3 35 FRB 4,000 8,000 12° Spot 4 35 FRA 4,000 2,500 23° Narrow Flood 5 35 FMW 4,000 1,200 40° Flood 15 42 EYR 4,000 8,200 12° Spot 16 42 EYS 4,000 2,850 25° Narrow Flood 17 42 EYP 4,000 1,200 40° Flood 6 50 EXT 5,000 10,500 13° Spot 7 50 EXZ 5,000 3,400 26° Narrow Flood 8 50 EXN 5,000 1,750 40° Flood 9 50 FNV 5,000 750 60° Wide Flood B K LIGHTING 40429 Brickyard Drive-Madera,CA 93636-USA SUBMITTAL DATE DRAWING NUMBER 559.438.5800-FAX 559.438.5900 10-19-10 SUB-1460-00 www.bklighting.com-info @bklighting.com THIS DOCUMENT CONTAINS PROPRIETARY INFORMATION OF B-K LIGHTING,INC.AND ITS RECEIPT OR POSSESSION DOES NOT CONVEY ANY RIGHTS TO REPRODUCE,DISCLOSE ITS CONTENTS,OR TO MANUFACTURE,USE OR SELL ANYTHING IT MAY DESCRIBE. REPRODUCTION,DISCLOSURE OR USE WITHOUT SPECIFIC WRITTEN AUTHORIZATION OF B-K LIGHTING,INC.IS STRICTLY FORBIDDEN. VERSA STAR TM _ gym MR16 PROJECT: Type: A TYPE: SIDE VIEW FACEPLATE DETAIL 41/8"Dia 3 1/2"O.C. Thermal Protector 0(Optional) 31/4„ Adjustable Aiming Bracket(Optional) 0 i , 3/8" 5"Dia SPECIFICATIONS GreenSource Initiative- Lamp Wiring Metal and packaging components are made from For use with bi-pin MR16 lamps.Not for use with I Teflon'coated wire,18AWG,600V,250°C rated and recycled materials. Manufactured using renewable technology lamps. certified to UL 1659 standard. solar energy, produced onsite. Returnable to manufacturer at end of life to ensure cradle-to-cradle Installation Finish handling. Packaging contains no chloro- For use with 50 watt maximum lamp when installed StarGuard'(Pat.Pend.),a RoHs compliant, 15 stage fluorocarbons (CFC's). Use of this product may into non-combustible materials or with 20 watt chromate-free process cleans and conversion coats qualify for GreenSource efficacy and recycling maximum lamp in stud wall construction (requires aluminum components prior to application of Class rebate(s). Consult www.bklighting.com/greensource optional thermal protection). 'A'TGIC polyester powder coating.Brass components for program requirements. are available in powder coat or handcrafted metal Transformer finish. Stainless steel components are available in Back Box For use with 12VAC remote transformer. handcrafted metal finish. Round, 4-1/4" x 3-1/8" deep, cast aluminum construction with(2)mounting tabs.Front access for Lens Warranty wire connection and inspection. Provided with [5] Clear,tempered glass lens. 5 year limited warranty. 1/2" NPS tapped holes and [4] plugs. Suitable for concrete pour. Aiming&Control Listings Optional adjustable lamp bracket with up to 24° ETL Listed to ANSI/UL Standard 1838. Certified to Faceplate vertical aiming, captive thumb screw and quick CAN/CSA Standard C22.2 No.9 and CAN/CSA TIL B- Machined from solid,copper-free aluminum. Also release bracket to maintain optical alignment during 58B.Suitable for indoor or outdoor use.Suitable for available in solid, machined brass and solid, re-lamping. use in wet locations.RoHs compliant.Made in the machined stainless steel.Countersunk holes provide USA. for flush hardware mounting with [2] tamper- Socket Oy resistant, black oxide, stainless steel mounting Specification grade,ceramic body,minature bi-pin screws. Stainless steel universal mounting ring for quartz lamp holder.GU5.3 base.Nickel alloy contacts W__ USA faceplate adjustment and 1/8"thick HT-805A silicone and heat resistant,spring loaded,stainless steel lamp -Tenon is a registered trademark ofDuPant Corporation. foam gasket with acrylic adhesive for water-tight retaining clips. seal. B—K LIGHTING 40429 Brickyard Drive•Madera,CA 93636•USA SUBMITTAL DATE DRAWING NUMBER 559.438.5800•FAX 559.438.5900 10-19-10 SUB-1460-00 www.bklighting.com•info @bklighting.com MINI-MICROTMI 1ePOWef CYLINDER I�p�L •'°'• PROJECT• TYPE: CATALOG NUMBER: TYPE B I SOURCE: NOTES: CATALOG NUMBER LOGIC El YM LED Example - YM - LED - e10 - SP BZP - 12 - 11 - B Material Blank - Aluminum B - Brass 5 - Stainless Steel Series YM - Mini-Micro'"Cylinder Source LED - 'e'Technology with Integral Driver LED Type e38 - 3WLED/2.7K e12 - 3WLED/Red e14 - 3WLED/Blue e10 - 3WLED/3K e13 - 3WLED/Green e15 - 3WLED/Amber e11 - 3WLED/4K Optics* SP - Spot(Green Indicator) FL - Flood(Blue Indicator) Finish Aluminum Finish Brass Finish Premium finish Powder Coat Color Satin Wrinkle Machined MAC ABP Antique Brass Powder CMG Cascade Mountain Granite RMG Rocky Mountain Granite Bronze BZP BZW Polished POL AMG Aleutian Mountain Granite CRI Cracked Ice SDS Sonoran Desert Sandstone Mitique MIT Black BLP BLW '" AQW Antique White CRM Cream SMG Sierra Mountain Granite White(Gloss) WHIP WHW Stainless Finish BCM Black Chrome HUG Hunter Green TXF Textured Forest Machined MAC Aluminum SAP — Polished POL BGE Beige MDS Mojave Desert Sandstone WCP Weathered Copper Verde — VER Brushed BRU o BPP Brown Patina Powder NBP Natural Brass Powder WIR Weathered Iron CAP Clear Anodized Powder OCP Old Copper Also available in RAL Finishes See submittal SUB-1439-00 Lens Type 12 - Soft Focus Lens 13 - Rectilinear Lens Shielding 11 - Honeycomb Baffle Cap Style A - 45° B - 90° C - Flush D - 45° E - 90° Less weephole Less weephole LM79 DATA L70 DATA *OPTICAL DATA Input Watts Minimum Rated Life(hrs.) BK No. CCT(Typ.) rryp.l CRI 70/of Initial lumens(L,n) Beam Type Angle Visual Indicator e38 2700K 3.0 90 50,000 Spot 16° Green Dot e10 3100K 3.0 90 50,000 Flood 33° Blue Dot e11 4100K 3.0 75 50,000 e12 Red(627nm) 2.8 -- 50,000 e13 Green(530nm) 3.0 50,000 e14 Blue(470nm) 3.0 50,000 e15 Amber(590nm) 2.8 — 50,000 B40429 LIGHTING 40429 Brickyard Drive•Madera,CA 93636•USA SUBMITTAL DATE DRAWING NUMBER 559.438.5800•FAX 559.438.5900 www.bklighting.com•info @bklighting.com 12-13-11 SUB000965 THIS DOCUMENT CONTAINS PROPRIETARY INFORMATION OF B-K LIGHTING,INC AND ITS RECEIPT OR POSSESSION DOES NOT CONVEY ANY RIGHTS TO REPRODUCE,DISCLOSE ITS CONTENTS,OR TO MANUFACTURE,USE OR SELL ANYTHING IT MAY DESCRIBE REPRODUCTION,DISCLOSURE OR USE WITHOUT SPECIFIC WRITTEN AUTHORIZATION OF B-K LIGHTING,INC.IS STRICTLY FORBIDDEN. MINI-MICRO"m ® the power of CYLINDER I� L TYPE B PROJECT: 0 TYPE: FRONT VIEW "A/D"CAP "B/E"CAP "C"CAP 2 3/4"O.C. 2 5/8" 2 5/8" 2 5/8" (70mm) (67mm) (67mm) (67mm) 0 0 J 1 1/2" 1 1/2" (38mm) (38mm) (38mm) 43/8" T 4t/4" �0 C)8mm) T (108 mm) 37n"Dia. 51/4 311/16" 33/B' (89mm) 49/16' (134mm) (94mm) 27/8" (86mm) 25/8" (116 m) (73mm) (67mm) 3 3/4" 3/8" 3/8" 3/8" (95mm) (10mm) —_ (10mm) (1 Omm) 1"Dia. 3/8" (25mm) (1 omm) CANOPY DETAIL 2 3/4"O.C. 3/8"x( 4� Accessories(Configure separately) (70mm) (IOmm) I I Remote options: o O o 31/2"Dia u (89mm) TR Series PMRM' All dimensions indicated on this submittal are nominal. Contact Technical Sales if you require more stringent specifications. SPECIFICATIONS GreenSource Initiative'" BKSSL° Finish Metal and packaging components are made from recycled Integrated solid state system with'e'technology. High StarGuard• (Pat. Pend.), a RoHs compliant, 15 stage materials. Manufactured using renewable solar energy, power,forward throw source complies with ANSI C78.377 chromate-free process cleans and conversion coats produced onsite.Returnable to manufacturer at end of life binning requirements. Exceeds ENERGY STAR* lumen aluminum components prior to application of Class'A'TGIC to ensure cradle-to-cradle handling. Packaging contains maintenance requirements.LM-80 certified components. polyester powder coating.Brass components are available no chlorofluorocarbons(CFCs). Use of this product may in powder coat or handcrafted metal finish. Stainless steel qualify for GreenSource efficacy and recycling rebate(s). Integral non-dimming driver. Minimum 50,000 hour rated components are available in handcrafted metal finish. Consult www.bklighting.com/greenSource for program life at 70% of initial lumens (1-70). BKSSL technology (Brushed finish for interior use only). requirements. provides long life, significant energy reduction and exceptional thermal management. Warranty Materials 5 year limited warranty. Furnished in Copper-Free Aluminum(Type 6061-T6),Brass Optics (Type 360)or Stainless Steel(Type 316). OPTIKIT"modules are color-coded for easy reference: Spot Certification and Listing (SP)=Green.Flood(FL)=Blue. ITL tested to IESNA LM-79. Lighting Facts Registration per Body USDOE (www.lightingfacts.com). ETL Listed to ANSI/UL Fully machined from solid billet. Unibody design provides Installation Standard 1838 and UL Subject 8750 and Certified to CAN/ enclosed,water-proof wireway and integral heat sink for 3-1/2' dia., machined canopy permits mounting to 3" CSA Standard C22.2 No.9. RoHs compliant. Suitable for maximum component life. High temperature,silicone'O' octagonal junction box or 4"junction box with mud ring indoor or outdoor use. Suitable for use in wet locations. Ring provides water-tight seal. (by others).Suitable for uplight or downlight installation. IP66 Rated.Made in USA. Cap Transformer Or irghttng RoHS Fully machined. Accommodates(1)lens or louver media. For use with 12VAC !? L remote transformer. I•k�k u sa facts ` Choose from 45'cutoff('A'or'D),3/8'deep bezel with 90' cutoff'B'orE,or flush lens C ca styles.'A'and'B'ca s Wiring Teflon is a registered trademark of DuPont Corporation. ( ( P P 9 •Energy Star is a registered trademark of the United States Environmental include weep-hole for water and debris drainage. 'D'and Teflon coated,18AWG,600V,250'C rated and certified to Protection Agency. 'E'caps exclude weep-hole and are for interior use only. UL 1659 standard. Lens Hardware Shock resistant,tempered,glass lens is factory adhered Tamper-resistant, stainless steel hardware. Canopy to fixture cap and provides hermetically sealed optical mounting screws are additionally black oxide treated for compartment. Specify soft focus(#12)or rectilinear(#13) additional corrosion resistance. lens. B-K LIGHTING 40429 Brickyard Drive•Madera, 93636•USA SUBMITTAL DATE DRAWING NUMBER 559.438.5800•FAX 559.43838.5900 www.bkiighting.com•info @bklighting.com 1 12-13-11 SUB000965 Type:-C unshielded shielded directed Recessed luminaires•Unshielded,shielded or directed light with LEDs or for incandescent and fluorescent lamps Die cast aluminum•White or matte safety glassy LEDs with integral electronic driver Color temperature 3300 K Incandescent with integral electronic transformer (for dimming see page 369) Finish: Black(BLK)White(WHT) Silver(SLV)Bronze(BRZ) UL listed,suitable for wet locations and for installation within 3 feet of ground(see page 370). Protection class IP64(2382LED 2384LED IP65) 0 e — ------------------------------ ---- A c. u Recessed luminaires•unshielded ,e Lamps Lumen A B C ''' c 2190 LED UM 3W LED 250 6 21/2 41/4 2191 LED IL O 6W LED 500 91/2 21/2 41/4 2192 LED UM 9W LED 750 113/4 21/2 41/4 2284 M 1 18 W S8,12V 264 6 21/2 41/4 2289 P 00 1 9W CF twin-2p 600 91/2 21/2 41/4 2287 P IM 1 13W CF twin-2p 825 113/4 2112 41/4 ',:•. A c. Recessed luminaires•shielded _ Lamps Lumen A B C _ } 2195 LED lM 3W LED 250 6 21/2 41/4 '_21001-I M------Ml-tU--------rbb-- -9172--2rw--47 2197 LED M 9W LED 750 113/a 21/2 41/4 2283 MO 1 18W S8,12V 264 6 21/z 41/4 2288 P E'er 1 9W CF twin-2p 600 91/2 21/2 41/4 2286 P 00 1 13W CF twin-2p 825 113/4 21/2 41/4 e A c Recessed luminaires•directed " Lamps Lumen A B C x8." 2382 LED IM 5W LED 420 6% 23/4 31/4 w. 2384 LED M 10 W LED 840 121/2 23/4 21/2 . 39 P e�isonp DR2 TM T-4 Halogen•Integral Transformer(fR) PROJECT: TYPE: CATALOG TYPE D NUMBER: SOURCE: NOTES: CATALOG NUMBER LOGIC DR2 TR Example S - DR2 - TR - 65 - POL - 4 - 120 Material I Blank - Aluminum B - Brass S - Stainless Steel Faceplate DR2 - Drive Star(r-4 Halogen) Housing TR - Integral Transformer Lamp Type 0 - By Others 20 - (20W)T-4/CL-12V 64 - (35W)T-4/CL-12V 65 - (50W)T-4/CL-12V Finish Aluminum&Brass Faceplates Brass Faceplates Premium Finish Powder Coat Color Satin Wrinkle Machined MAC ABP Antique Brass Powder CMG Cascade Mountain Granite RMG Rocky Mountain Granite Bronze BZP BZW Polished POL AMG Aleutian Mountain Granite CRI Cracked Ice SDS Sonoran Desert Sandstone Black BLP BLW Mitique— MIT AQW Antique White CRM Cream SMG Sierra Mountain Granite White(Gloss) WHP WHW Stainless Faceplates BCM Black Chrome HUG Hunter Green TXF Textured Forest Machined MAC Aluminum SAP — Polished POL BGE Beige MDS Mojave Desert Sandstone WCP Weathered Copper Verde — VER Brushed •BRUo� BPP Brown Patina Powder NBP Natural Brass Powder WIR Weathered Iron CAP Clear Anodized Powder OCP Old Copper Also available in RAL Finishes See submittal SUB-1439-00 Optical Openings 1 - Single 2 - 2 at 180° 4 - 4 at 90• Input Voltage Blank - Remote Transformer(RD&RS Housing) 120 - 120 VAC Input 277 - 277 VAC Input LAMP DATA EIK No. Lamp Watts Description 20 20 T-4/CL-12V 64 35 T-4/CL-12V 65 50 T-4/CL-12V 40429 Brickyard Drive•Madera,CA 93636•USA SUBMITTAL DATE DRAWING NUMBER B-K LIGHTING 559.436.5600•FAX 559.436.5900 10-17-1 1 SUB-1365-00 www.bklighting.com•info @bklighting.com THIS DOCUMENT CONTAINS PROPRIETARY INFORMATION OF B-K LIGHTING,INC AND ITS RECEIPT OR POSSESSION DOES NOT CONVEY ANY RIGHTS TO REPRODUCE,DISCLOSE ITS CONTENTS,OR TO MANUFACTURE,USE OR SELL ANYTHING IT MAY DESCRIBE REPRODUCTION,DISCLOSURE OR USE WITHOUT SPECIFIC WRITTEN AUTHORIZATION of B-K LIGHTING,INC.IS STRICTLY FORBIDDEN. (Precisr�np D R2TM T-4 Halogen'Integral Transformer(TR) PROJECT: TYPED TYPE: SIDE VIEW FACEPLATE 7"Dia. 1 1/2" 00 151/2" 1,-r- 10"Dia TOP SIDE VIEW Patented 3/16" Stability Flange Ld 0 4„ BOTTOM VIEW + 21/8" o � All dimensions indicated on this submittal are nominal. Contact Technical Sales if you require more stringent specifications. SPECIFICATIONS GreenSource Initiative° Socket Lens Metal and packaging components are made from recycled materials. Specification grade ceramic body miniature bi-pin quartz lamp holder. High heat,shock resistant,1/8"etched Pyrex*glass lens.Suitable for Manufactured using renewable solar energy, produced onsite. walk-over and drive-over applications to 35,000 lbs. Returnable to manufacturer at end of life to ensure cradle-to-cradle Installation handling. Packaging contains no chlorofluorocarbons(CFCs). Use For direct burial in soil or concrete. Consult Drainage Installation Faceplate of this product may qualify for GreenSource efficacy and recycling Guide for In-Grade Fixtures(DIG-IA for compliance with proper soil Solid,1-1/2"machined 6061T6 aluminum with(5)black oxide,captive, rebate(s). Consult www.bkllghting.com/greensource for program preparation and drainage requirements prior to installation. stainless steel mounting screws.Faceplate options include solid,1-12" requirements. machined brass and solid,l-1/2"machined stainless steel. Transformer Assembly Fixture Housing Integral 75VA,Class H insulated low voltage magnetic transformer. Finish Corrosion-free composite,made from high strength,thermo-formed, 120VAC to 12VAC or 277VAC to 12VAC. Integral,removable gear tray StarGuard'(Patent Pending),a 15 stage,chromate-free process cleans sheet molded polyester compound. Glass reinforced,flame retardant with quick disconnect and carrying handle. and conversion coats aluminum components prior to application of and UV stabilized. (2)Bottom-Entry,3/4"NPT female conduit entries Class'A'TGIC polyester powder coating.Brass components are available with knockout plugs and(4)side flats for 1/2"or 3/4"conduit adapters. Wiring/Connectors in powder coat or handcrafted metal finish.Stainless steel components Teflon'coated wire,18 gauge,600V,250°C rated and certified toUL1659 are available in handcrafted metal finish.RoHs compliant. Patented Stability Flange standard.Features OptiLock•and gear tray quick disconnects.Patented Corrosion-free composite flange projects into installation sub-strate to HydroLock•with anti-siphon valve(ASV"9 wireway. (3)Water-Tight Listings reinforce housing stability.Integral REBAR saddles simplify installation connectors supplied for line connection. Maximum(2)#10&(1)#18. ETL Listed to ANSI/UL Standard 1598 and Certified to CAN/CSA Standard onto concrete form.(4)Orthogonal bosses permit use of 1/2"PCV Minimum(1)#12&(1)#18. C22.2 No.250.ADA compliant IP68 Rated.Made in the USA. conduit or EMT to simplify vertical position and leveling of housing.Pre- set self-tapping screws anchor housing at proper elevation. Water Management O- � ROHS Self Evacuating Airtight Lamp Module(S.EA.L). IP-68 rated,vacuum Optics sealed enclosure.Patented Anti-Condensation Valve(ACV")eliminates Teflon is a reghtered trademark ofDuPontCorporadon Fixed position bracket ensures a highly efficient,direct component condensation from optical chamber.High temperature silicone'C'Ring contribution by the lamp to the lens.360°stainless steel cutoff shield at faceplate. Patented HydroLock'technology provides fail safe water provides field adjustable brightness control. barrier between junction box and interior components.Anti-siphon valve(ASV")prevents"wicking"through conductor insulation. B-K LIGHTING 40429 Brickyard Drive•Madera, 3 93636•USA SUBMITTAL DATE DRAWING NUMBER 559.438.5800•FAX 559.438.5900 vvww.bklighting.com•info @bklighting.com 10-17-11 SUB-1365-00 Precision2•and its features are covered in whole or in part by U.S.Patent Nos.7,033,038;6,254,258 BI;7,249,867 132;7,370,988 B2;7,553,042;7,560,148;and 7,699,489. EXTERIOR LIGHTING KEY (5)TYPE A RECESSED (SEE CUT SHEETS PROVIDED FOR ----- DOWNLIGHTS IN SOFFIT MANUFACTURER&MODELS) m TYPE A: RECESSED DOWNLIGHT D B �•�_�� � � �Y _ � i_ - I� TYPE B:WALL SCONCE B B D B TYPE C:STEP LIGHT -1 TYPE D: BOLLARD LIGHT B UB_ —__ D-_ .. -` o C -- _ F: T I { A C _C Lj I F f f I g i 1 D (2)TYPE B (4)TYPE A RECESSED SCONCES DOWNLIGHTS IN SOFFIT n HYMAN EXTERIOR LIGHTING DIAGRAM LJ 1/8" n ROOFTOP LIGHTING DIAGRAM 3/32"=1'-0" ELEV PENTHOUSE &NORTH STAIR ELEV PENTHOUSE (&NORTH STAIR 50'-0" STAIR PENTHOUSE STAIR PENTHOUSE ,L 1 ...._...-_..: - - - _ SOUTH _ S UTHZ_ -- 1 ROOFTOP ROOFTOP TERRACE TERRACE — 1 �- A -- - - - --- THIRD FLOOR_n /� THI_RD FLOOR 3 I U1 I ��BntonMe ani . i- n - -�- F• SECOND FLOOR n /� SECOND FLOOR — - -— - - —-- ,—:.�- -��.... -.:.. ....,- -�:.,m,. - 141-0�� V t�jq�_0., - n:, �:.�} - _ _-�r� •� _- FIRST FLOOOR_� FIRST_FLOOR LUILEB' I' 0,-0" V -. -...... 0'-0" 4 ALLEY EXTERIORUGHTINGDIAGRAM EXTERIOR LIGHTING 2 HUNTER EXTERIOR LIGHTING DIAGRAM As indicated I K E KLIGERMAN BARKLEY ASPEN CORE Al2 ARCHITECTS,P.C. Aspen,Colorado 03/22/12 73t A MEMORANDUM TO: Aspen Historic Preservation Commission FROM: Sara Adams, Senior Planner THRU: Amy Guthrie, Historic Preservation Officer RE: 517 and 521 East Hyman Avenue and the Parking lot at the corner of Hunter and Hyman Avenue (Block 95, Lots G, H, and I) —Final Major Development Review and Final Commercial Design Standard Review, Public Hearing DATE: March 28, 2012 SUMMARY' The applicant proposes to preserve the Benton studio and Little Annie's Eatery and to construct a three story mixed use building on the 9,000 square foot corner lot. Extensive restoration is proposed for the Benton Building to return the front fagade to its original appearance based on photographic evidence. Removal of the rear of the Benton Building was approved at Conceptual to allow the construction of a 2-car garage. No changes are proposed for the Little Annie's building. HPC is asked to grant Final Commercial Design Review and Final Major Development Review. BACKGROUND: The project comprises three separate lots, 517 and 521 E. Hyman Avenue and the parking lot on the corner of Hunter and Hyman Avenue. Two buildings are located on the subject properties: the building that houses Little Annie's Eatery at 517 E. Hyman (aka Annie's) and located at 521 E. Hyman Avenue is Tom Benton's original design studio (aka Benton). The three properties are approved to be merged into a 15,000 square feet lot: 3,000 (517 E. Hyman) + 3,000 (521 E. Hyman) + 9,000 (parking lot). This project was first heard by HPC in September. The original proposal was to demolish the Benton Building and the building that houses Little Annie's Eatery and to construct a mixed use building on the 15,000 sq. ft. site. On September 21St, the Historic Preservation Commission (HPC) passed Resolution #9, Series of 2011 and Resolution #10, Series of 2011, which granted approval to demolish Annie's, and denied the request to demolish Benton. On September 26, 2011, City Council voted 4 -1 to "call-up" HPC's determination to allow demolition of the Little Annie's building. The Applicant filed an appeal of HPC Resolutions #9 and #10, Series of 2011 pursuant to Land Use Code Section 26.31,6.030, Appeals Procedures. The appeal was filed on the basis that HPC had no jurisdiction to pass both resolutions and that HPC acted HPC Final Review 3.26.2012 Aspen Core Page I of 9 improperly in denying the demolition application for 521 E. Hyman Avenue. The Appellant requested that Council nullify and invalidate both HPC resolutions. On November 2, 2011, Council held a special meeting to hear the appeal and to review the Council "call up." The hearing was continued to November 28, 2011. However, on November 14, 2011, the Applicant submitted a letter requesting voluntary designation of Benton and Annie's in exchange for benefits through the AspenModem negotiation process. At this time, the appeal and Council's call up that were scheduled for November 28, 2011 have been tabled while the applicant proceeds with the AspenModem negotiation. HPC conceptually reviewed this project on December 7th and December 14th, 2011. The Board recommended approval of landmark designation of both buildings by a 5 — 0 vote on December 14, 2011. HPC found that Benton was a "better" example of Organic/Wrightian style with the potential to be a "best" example after the proposed restoration and that Annie's was a "best" example of Rustic style. The Commission continued the hearing on December 7th to allow the architect to revise the conceptual plans to better reflect the historic character of Benton and the historic district. The architect returned on December 14th with revisions to the mass and scale of the new addition and HPC voted 4 -1 recommending Council approve Conceptual Commercial Design Standard Review and Conceptual Major Development Review. During the regular City Council meeting on January 9th, Council voted 4 -1 to negotiate for landmark designation through the AspenModem program. Adam Frisch and Torre volunteered to represent Council in the initial negotiations prior to bringing the project before Council for the adoption of an ordinance through the public hearing process. Since January 91h there have been three meetings with the applicant, Staff and Council representatives. During these meetings the applicant significantly adjusted the benefit requests from the original application based on comments from Councilmen Frisch and Torre. On February 13, 2012, City Council approved Ordinance 5, Series of 2012 granting Subdivision approval to merge the lots, Growth Management Review for an addition to a landmark building (Benton), Landmark Designation of Benton and Annie's, Conceptual Commercial Design Review and Conceptual Major Development Review. Council's approval locks in the height, mass, scale and proportions of the building — similar to a typical HPC Conceptual approval. Some Council members voiced concern about the perceived mass of the building at the corner and whether the design should have a chamfered corner. The adopted ordinance is attached as Exhibit B. The final materials, fenestration, landscape, lighting and architectural details are subject to HPC final review. FINAL COMMERCIAL DESIGN STANDARD REVIEW/MAJOR DEVELOPMENT FINAL MAJOR DEVELOPMENT FINAL: The procedure for a Major Development Review, at the Final level, is as follows. Staff reviews the submittal materials and prepares a report that analyzes the project's HPC Final Review 3.26.2012 Aspen Core Page 2 of 9 conformance with the design guidelines and other applicable Land Use Code Sections. This report is transmitted to the HPC with relevant information on the proposed project and a recommendation to continue, approve, disapprove or approve with conditions and the reasons for the recommendation. The HPC will review the application, the staff analysis report and the evidence presented at the hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines. 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. Major Development is a two-step process requiring approval by the HPC of a Conceptual Development Plan, and then a Final Development Plan. Approval of a Conceptual Development Plan shall be binding upon HPC in regards to the location and form of the envelope of the structure(s) and/or addition(s) as depicted in the Conceptual Plan application including its height, scale, massing and proportions. No changes will be made to this aspect of the proposed development by the HPC as part of their review of the Final Development Plan unless agreed to by the applicant. COMMERCIAL DESIGN STANDARD REVIEW—FINAL: Sec. 26.412.050. Review criteria. An application for commercial design review may be approved, approved with conditions or denied based on conformance with the following criteria: A. The proposed development meets the requirements of Section 26.412.060, Commercial design standards, or any deviation from the standards provides a more appealing pattern of development considering the context in which the development is proposed and the purpose of the particular standard. Unique site constraints can justify a deviation from the standards. Compliance with Section 26.412.070, Suggested design elements, is not required but may be used to justify a deviation from the standards. B. For proposed development converting an existing structure to commercial use, the proposed development meets the requirements of Section 26.412.060, Commercial design standards, to the greatest extent practical. Changes to the fayade of the building may be required to comply with this Section. C. The application shall comply with the guidelines within the Commercial, Lodging and Historic District Design Objectives and Guidelines as determined by the appropriate Commission. The guidelines set forth design review criteria, standards and guidelines that are to be used in making determinations of appropriateness. The City shall determine when a proposal is in compliance with the criteria, standards and guidelines. Although these criteria, standards and guidelines are relatively comprehensive, there may be circumstances where alternative ways of meeting the intent of the policy objectives might be identified. In such a case, the City must determine that the intent of the guideline is still met, albeit through alternative means. HPC Final Review 3.26.2012 Aspen Core Page 3 of 9 STAFF RESPONSE: A condition of HPC's Conceptual approval was to study the setback of the third floor of the building closest to the Benton Building. Also during conceptual review, HPC commented on adding recessed doorways to the ground level, raising the first floor storefront height, and clustering the mechanical on the rooftop to reduce visual impacts. The applicant has taken all of these comments into consideration with the final review proposal. It is important to note that the Design Guidelines relate to 19`h century commercial buildings and do not consider new construction adjacent to post-War landmarks. As such the Guidelines are helpful in some instances of this review and are not relevant in others. During Conceptual review, HPC members were clear that the new construction needed to relate to Benton-and/or Annie's and to the building in the predominately Victorian era neighborhood (Elks, Ute City, Aspen Arcade, Andres Building) that have important characteristics that should be also be reflected. Fagade Articulation: Overall Staff is supportive of the proposed materials and fenestration for the new construction. Building modules are expressed through materials and window styles. The corner piece is more traditional in window and material treatment, and the modules adjacent to Benton and adjacent to the alley are more contemporary with references to Benton's horizontal details. Rectangular terra cotta tiles reference existing masonry and brick facades throughout the Commercial Core. The elongated dimensions of the terra cotta and the glazed finish ❑g TERRA COTTA references the horizontal band on the Benton Building and Tom "BOARD&BATTEN" Benton's pottery. The contemporary modules have a "board and RAINSCREEN batten" terra cotta tile that combines regular terra cotta and black glazed terra cotta to further emphasize horizontal characteristics. Staff suggests that HPC discuss whether the contrasting bands of color created by the natural and the black terra cotta is consistent with or distracting from the historic district. The storefront is metal with stainless steel columns. Following are Design Guidelines for materials: 6.59 High quality, durable materials should be employed. • The palette of materials proposed for all development should be specified and approved as part of the general and detailed development approvals process, including samples of materials as required. 6.60 Building materials should have these features: • Convey the quality and range of materials seen historically • Reduce the scale and enhance visual interest • Convey human scale • Have proven durability and weathering characteristics within this climate HPC Final Review 3.26.2012 Aspen Core Page 4 of 9 6.61 The palette of materials used for new buildings within the core should reflect the predominately masonry (brickwork and natural stonework) palette of this area. 6.63 Where contemporary materials are used they shall be: • High quality in durability and finish • Detailed to convey a human scale • Compatible with a traditional masonry palette The Design Guidelines establish an architectural hierarchy that emphasizes prominent storefront proportions compared to upper floors and repetition of facade elements. The more traditional corner piece is consistent with these tenets—the upper floors are vertical punched openings that are repeated across the facade. Simple lintels are proposed over the windows and glazed black terra cotta parapet caps the module. Recessed panels of the board and batten striped terra cotta material is proposed between the upper floor windows, which adds a three-dimensional aspect to the facade. Staff is supportive of adding three-dimensional characteristics to the corner module (Guideline 6.39), but is concerned that the board and batten material in this location is out of character with the historic district. 6.39 A building should reflect the three-dimensional characteristics of the street facade in the strength and depth of modeling, fenestration and architectural detail. sE . R The more contemporary modules —adjacent to Benton and adjacent to the alley — have a stronger relationship with Benton than with 19th century commercial buildings. Starting with the module closest to Benton, the architect proposes a long horizontal window, ribbed terra cotta tiles and some rain screening for the second floor. The horizontality of these elements references the horizontal band of Benton and adds important architectural details to the building, but could be pushed further. The area above the Benton storefront is much more solid with larger area of glass reserved for the top floor. Staff recommends that the applicant continue to develop the second level windows. HPC Final Review 3.26.2012 Aspen Core Page 5 of 9 The third floor of the new construction ,ems adjacent to the Benton Building is setback AO 12 ft. and the height of the chimney is the minimal allowed by Code. The 12 ft. setback aligns with the upper facade of the Benton Building. A second floor window ` wraps the corner to provide relief to the p P Benton Building, and a material change is proposed for the third floor of the new j construction to further reduce the perceived mass. Staff finds that the WDDDFRAAIEDGAF proposed treatment of the materials WINDOWS WISIDELITES E"PNTANR o .. DREPD,NT ; ' successfully reduces the scale of the new building in relation to Benton. Staff is supportive of the design articulation of the module closest to the alley. It relates to the overall building and the context of Hunter Street. Storefront articulation: Recessed doorways have been added to all of the ground level entrances and the steel header and glazed horizontal band have been raised to create a taller storefront appearance in relation to the upper floors. Tall vertical metal storefront windows are proposed and are consistent with the design guidelines. Material changes are proposed to frame the ground floor level as directed by the guidelines below. Staff finds that the combination of steel header and glazed black terra cotta tiles are creative interpretations of the traditional belt course found throughout commercial 19`" century buildings downtown. Staff recommends that the applicant explore adding more prominent entryways into the large retail spaces, possibly double doors, to be more proportional to the size of the spaces and the building. Staff also recommends that the applicant move the retail entry on Hyman Street to a more central location along the storefront facade to enhance the entryway. Relevant Guidelines are below: 6.47 The first floor facade and retail frontage should be designed to concentrate interest at the street level using the highest quality of design, detailing and materials. • The framework for the first floor of the facade, as identified in architectural tradition as characteristic first floor design. • An entryway, door and transom light designed to use the full storefront height. • A distinct change in the palette of materials used for the first floor design framework. • The depth and strength of the modeling of elements and details. HPC Final Review 3.26.2012 Aspen Core Page 6 of 9 6.51 A building shall be designed to maintain or create the character and transparency of the traditional street level retail frontage. This shall be achieved using more than one of the following: • A traditional recessed retail entrance • Retail display cases • Appropriately designed signage and lighting. 6.52 Design of the first floor storefront should include particular attention to the following: • The basic elements and proportions of storefront design. • Depth and strength of modeling. • The palette of materials and finishes used in both the structural framework and the storefront window. • The concentration of architectural detail to ensure a rich visual experience. • The careful and complementary use of signage and lettering to enhance the retail and downtown character. • The careful use of lighting to accentuate visual presence. Staff recommends that the applicant add airlock entries into the ground floor plan to be consistent with Guideline 6.49 below. 6.49 Incorporate an airlock entry into the plan for all new structures. • An airlock entry that projects forward of the primary fagade at the sidewalk edge is inappropriate. • Adding temporary entries during the winter season detracts from the character of the historic district. • Using a temporary vinyl or fabric airlock to provide protection from winter weather is not permitted. Rooftop: The rooftop comprises a green roof, mechanical, stairway and elevator access, and a chimney. A glass railing is proposed for the roof deck and zinc cladding is proposed for the stairs and elevator. Most of the mechanical is in the basement and rooftop equipment is clustered in the middle of the building with generous 42 ft. setbacks from both Hunter and Hyman Streets facades. A wood mechanical enclosure is proposed to screen the equipment. Landscape: The only area that is available for landscaping on the property is in front of the Benton Building, which counts as a portion of the public amenity requirement. The applicant designed a creative interpretation of Tom Benton's design aesthetic by adding a Benton- esque marble bench and an inset marble design that play on the three-dimensional characteristics of Benton's art and the organic style of architect in the Benton Building. The street trees and grates are subject to Parks and Engineering Review and will be HPC Final Review 3.26.2012 Aspen Core Page 7 of 9 incorporated into a pedestrian enhancement plan which resulted from the AspenModern negotiations. Lighting: A lighting plan for the new construction is included in the application. Soffit lights and wall sconces are proposed for the first floor. Staff recommends that the lighting fixtures proposed for Benton are presented at the meeting. Staff finds that the lighting proposed is minimal and in compliance with the guidelines as long as the soffit lights do not trespass on the right of way. 14.6 Exterior lights should be simple in character and similar in color and intensity to that used traditionally. • The design of a fixture should be simple in form and detail. Exterior lighting must be approved by the HPC. • All exterior light sources should have a low level of luminescence. 14.7 Minimize the visual impacts of site and architectural lighting. • Unshielded, high intensity light sources and those which direct light upward will not be permitted. • Shield lighting associated with service areas, parking lots and parking structures. • Timers or activity switches may be required to prevent unnecessary sources of light by controlling the length of time that exterior lights are in use late at night. • Do no wash an entire building fagade in light. • Avoid placing exposed light fixtures in highly visible locations, such as on the upper walls of buildings. • Avoid duplicating fixtures. For example, do not use two fixtures that light the same area. 14.8 Minimize the visual impact of light spill from a building. • Prevent glare onto adjacent properties by using shielded and focused light sources that direct light onto the ground. The use of down lights, with the bulb fully enclosed within the shade or step lights which direct light only on to walkways is strongly encouraged. • Lighting shall be carefully located so as not to shine into residential living space, on or off the property or into public rights-of-way Benton Building Restoration: Benton is proposed to be restored to its original appearance using historic photographs, as shown in the elevations. The specific details of the restoration are best figured out in the field with Staff and monitor as a condition of approval. STAFF RECOMMENDATION: Staff recommends that HPC continue the public hearing to April 11 th to refine the second level windows adjacent to Benton and to add more prominent entry doors for the retail space. HPC Final Review 3.26.2012 Aspen Core Page 8 of 9 EXHIBITS: Exhibit A: Commercial Core Design Guidelines and Objectives. Exhibit B: City Council Ordinance 5, Series of 2012. Exhibit C: Minutes from city council meeting dated February 13, 2012. Exhibit D: Application. HPC Final Review 3.26.2012 Aspen Core Page 9 of 9 Commercial Core Historic District City of Aspen Final Review Design Guidelines The following design guidelines shall apply at the final review stage. Building Design &Articulation The special character of the Commercial Core relies �. upon an intimate human scale and a variation in r building height, massing, design, architectural -'� (� ; ► ' ' detail and materials.This concentrated and rich visual vitality is influenced by the articulation of F ,r i ► the traditional lot width in the city center. It is important that new buildings which occupy more ,,■„ � '� than one traditional lot width be articulated to reflect these characteristics of Aspens urban form and scale. Architectural proportion of the street fagade is an established characteristic of both traditional and successful urban form,and There are limits to the degree of variation that the current character of the center of the city. should occur, however. Excessive articulation of the street fagade, for example in the use of multiple setbacks from the edge of the sidewalk, would be out of character. This would weaken the coherence of the street block and the sense of enclosure. Articulation can be reflected in the height,design • and variation in the modules and form of the street facades.It is also reflected in the roofscape. -f In the city center this is predominantly of flat roof form,often with decorative street facade parapet & cornice. Because buildings are viewed from the mountain slopes,enhancing the roofscape is especially important. The vertical articulation of the street fagade as a 'base, middle and cap' is also important in the composition of a human scale of building and street fagade. This is often defined by the first • floor storefront, elements of fagade composition and hierarchy of the fenestration pattern,as well as the cornice or similar horizontal element.The Traditional building materials convey a sense of human scale. depth of modeling,texture and detail of the fagade is essential to the creation of the light and shadow which define and animate the scale and character of the street fagade. page 112 Commercial,Lodging and Historic District Design Objectives and Guidelines a o City of Aspen Commercial Core Historic District Expression of Lot Widths 30' 30' The street fagade is composed of a sequence of buildings defined either in width or in design arrangement by original lot dimensions. Within . this framework the height of each building or x _ section of building may vary. The building ----- `- ........... ...::':'"..........:.a 6 fagade composition, fenestration pattern, detail and materials will accentuate the diversity of the street fagade, and consequently the richness of the street character. one building Articulation of the traditional lot width enables A larger building may be divided into "modules"that reflect the larger scaled development to integrate more traditional scale of construction. successfully within the current context. It also creates the opportunity to enhance visual vitality and activity in various respects within the building. A new building should be modulated or otherwise designed to define this unit of scale. - 6.35 Anew building shall reflect the traditional lot width(30 ft.)as expressed by two or more of the following: h ' • Variation in height at internal lot lines • Variation in the plane of the front fagade • Street fagade composition t >t • Variation in architectural detailing and materials to emphasize the building A larger building shall reflect traditional lot widths. module 6.36 The detailed design of the building facade should reflect the traditional scale and rhythm ' t of the block.This should be achieved using all of the following: • The fenestration grouping • The modeling of the fagade • The design framework for the first floor storefront ^ • Variation in architectural detail and/or the palette of fagade materials �• Variation at the traditional lot width is a characteristic of the Commercial Core that should be maintained. 0 0 Commercial Core Historic District City of Aspen Facade Articulation Traditional architectural composition aligns elements within adjacent street fagades, and in doing so creates a sense of cohesion and human scale. Fagade articulation depends upon design definition of the `base, middle and cap' of the building fagade as well as the reflection of the traditional lot width. While the emphasis is often placed on the stature and design of the first floor storefront, this visual prominence also depends upon its relationship with the fagade above.The hierarchy of proportion in the sequence and pattern of windows and capping cornice help to complete the facade composition and define the height of the building in increments which relate to human scale. The design of a new building should include such articulation to reflect the traditional character of the street fagade(s). - _ The three dimensional quality of the design of _ the building fagade is a characteristic of the city L---,;t center. This is also essential to the visual strength, presence and animation of the street fagade, ! - - through play of light and shadow. The design of buildings within the Core should include various elements which integrate with the traditional street fagade. Traditionally these would include pilasters, moldings, cornices, window dressings and reveals. Contemporary interpretations of these details are encouraged. 6.37 Divide a larger building into "modules" that are similar in width to buildings seen historically. • Where a building is planned to exceed one lot width, use a change in design features to suggest the traditional building widths. Facade sculpting should be an integral part of the design of a Changes in fagade material, window building in the city core. design, fagade height or decorative details are examples of techniques that should be used.These variations should be expressed throughout the depth of the structure, including its roof,such that the composition appears to be a collection of smaller buildings. page 114 Commercial,Lodging and Historic District Design Objectives and Guidelines � O City of Aspen Commercial Core Historic District 6.38 Buildings should be designed to reflect the architectural hierarchy and articulation inherent in the composition of the street fagade. All of the following should be addressed: • The design and definition of the traditionally tall first floor • The proportions of the upper level f � fenestration pattern It, • The completion of the sheer street fagade(s) , with capping cornice or other horizontal r mow .W VW 1W modeling , 6.39 A building should reflect the three- ' T dimensional characteristics of the street — fa�ade in the strength and depth of modeling, fenestration and architectural detail. R Repetition of Fagade Elements Patterns are also created along the street by the repetition of similarly-sized building elements.For example,the repetition of upper story windows _ across some building fronts creates a unifying effect.In particular,windows,details,ornaments and cornice moldings reoccur frequently. These Buildings should be designed to reflect the architectural hierarchy details also have substantial depth,such that they and articulation inherent in the composition of the street fagade. cast shadow lines and add a three-dimensional feel to the facade. They combine to form a composition for each building that has variations of light and dark, solid and void, rough and smooth surfaces. This variety within an overall composition is an essential characteristic, and should be incorporated in new designs. 6.40 Maintain the repetition of similar shapes and details along the block. r • Upper story windows should have a vertical emphasis. In general,they should be twice as tall as they are wide. • Headers and sills of windows on new +` buildings should maintain the traditional placement relative to cornices and belt courses. Commercial,Lo and utoric District page 115 Design Objectix d C4Wnes •"'.. o 0 Commercial Core Historic District City of Aspen Rhythm of Entries Most primary entrances to buildings are recessed, providing a shaded area that helps to define doorways and to provide shelter to pedestrians. The repetition of this feature along the street contributes to the human scale of the area, and _ should be continued in future projects. Entrance doors were traditionally topped with transom j windows that extended the vertical emphasis of 1 these openings. 6.41 Maintain the pattern created by recessed entry ways that are repeated along a block. • Set the door back from the front fagade approximately 4 feet. This is an adequate amount to establish a distinct threshold for pedestrians. • Where entries are recessed,the building line at the sidewalk edge should be maintained The alignment of horizontal features on building facades is one of by the upper floor(s). the strongest characteristics of the street and should be maintained • Use transoms over doorways to maintain in new construction. the full vertical height of the storefront. Alignment of Horizontal Elements A strong alignment of horizontal elements exists that reinforces the overall two-story scale of the 6��11 t . district.Alignment is seen at the first floor level with moldings that are found at the top of display windows; at upper floor levels, alignment is r found among cornices,window sills and headers. This alignment of horizontal features on building fagades is one of the strongest characteristics ! of the street and should be maintained in new construction. 6.42 The general alignment of horizontal features on building fronts should be The repetition ofthisfeature along the street contributes to thehuman maintained. scale of the area,and should be continued in future projects. • Typical elements that align include window moldings, tops of display windows, cornices, copings and parapets at the tops of buildings. • When large buildings are designed to appear as several buildings,there should be some slight variation in alignments between the fagade elements. page 116 Commercial,Lodging and Historic District 4" Design Objectives and Guidelines 0 0 City of Aspen Commercial Core Historic District Street Level Character :- Aspen is widely recognized for its visually - vibrant and attractive street character. Several characteristics combine to create this. They include the stature and also the design character of the traditional first floor retail frontage. - - •, New development within the central area of the city should be designed to acknowledge, reflect and interpret these characteristics. The quality of the design of the first floor is also essential to the creation of an attractive and successful secondary frontage to the side or the rear of the building. Buildings in the Commercial Core in Aspen have a typically fixed Floor Stature plate glass first floor and subordinate upper floors. The architectural proportion of the street fagade is an established characteristic of both traditional and successful urban form, and the current character of the Commercial Core. The design of a new building should respect the heights of traditional building design, in the stature of the first floor and in the hierarchy and the proportion of upper floors as expressed in the building fagade. The street level features of traditional Aspen commercial buildings are clearly distinguishable from the upper floors. First floors are t predominantly fixed plate glass with a small i- percentage of opaque materials. Upper floors are the reverse;opaque materials dominate, and _At windows appear as smaller openings puncturing the solid walls. These windows are usually double-hung. The street level is generally taller than the upper floors.Storefronts of 12 to 14 feet high are typical, whereas second floors of 10 to 12 feet are typical. 6.43 Any new building shall be designed to maintain a minimum of 9 feet from floor to The architectural proportion of the street facade is an established ceiling on all floors. characteristic of both traditional and successful urban form,and the current character of the Commercial Core. Commercial,Lodging and Historic District s:^ page Design Objectives and Guidelines u 0 Commercial Core Historic District City of Aspen 6.44 Maintain the distinction between the street level and upper floors. _ Cornice No upper floor shall be taller than the first 0 floor. • Floor-to-floor heights should appear to Upper story be similar to those seen historically. In windows particular,the windows in new construction should appear similar in height to those seen Belt course traditionally. a 0 The first floor of the primary fagade should Transom be predominantly transparent glass. Display win- 0 Upper floors should be perceived as being dow more opaque than the street level. Upper Recessed story windows should have a vertical entry emphasis. Kickplate 0 Highly reflective or darkly tinted glass is inappropriate. Typical fagade elements of commercial buildings in Aspen. 0 Express the traditional distinction in floor heights between street levels and upper levels through detailing, materials and y fenestration.The presence of a belt course is an important feature in this relationship. 6.45 A new building should be designed to maintain the stature of traditional street level -- retail frontage. 0 This shouldbe 13-15 ft.in floor to floor height on the first floor. The minimum required first floor height must be maintained for at least the first 50 foot depth of the lot, and may only be dropped to a lower height beyond that point for areas that are devoted to storage, circulation,offices,restaurantkitchens,alley Maintain the stature of the traditional first floor store frontage. commercial spaces, or similar secondary uses. page 118 Commercial,Lodging and Historic District Design Objectives and Guidelines 0 0 City of Aspen Commercial Core Historic District 6.46 Minimize the appearance of a tall third floor. • Where a third floor height is in excess of 12 ft.,it should be setback a minimum of 15 ft. from the street fagade to reduce the apparent height. • Increase the parapet height to screen the visual impact of a tall top floor. • The design of a set back third floor shall be simpler inform,more subdued in modeling, detail and color than the primary fagade. First Floor Character The alignment of first floor elements as well as articulation of the The characteristic street level storefront, the storefront and fafade are important to the character of Downtown relationship between the retail entrance and Aspen. sidewalk, the architectural embellishment and detail and the quality of materials combine to create the visual vitality and interest associated with the street level retail frontage. 6.47 The first floor facade and retail frontage should be designed to concentrate interest at the street level, using the highest quality of design,detailing and materials. • The framework for the first floor of the facade,as identified in architectural tradition as characteristic first floor design. • An entryway, door and transom light ' designed to use the full storefront height. • A distinct change in the palette of materials used for the first floor design framework. • The depth and strength of the modeling of elements and details. Retail Entrance The close relationship between the level of the shop frontage and entrance with the public sidewalk is critical to a successful retail character. A new building should locate an entrance at Concentrate interest and detail at the street level. sidewalk level. Elevated or sunken entrances should be avoided. 6.48 The retail entrance should be at the sidewalk level. • All entrances shall be ADA compliant. • On sloping sites the retail frontage should be designed to maintain as close to a level entrance as possible. 0pmmercial,Lodging and Historic District Ae Design Objectives and Guidelines "•: a 0 Commercial Core Historic District City of Aspen 6.49 Incorporate an airlock entry into the plan for all new structures. An airlock entry that projects forward of the primary fagade at the sidewalk edge is inappropriate. • Adding temporary entries during the winter season detracts from the character of the historic district. A a Using a temporary vinyl or fabric"airlock" to provide protection from winter weather is not permitted. Transparency The transparency created by large storefront window area and the immediate relationship this creates between public and internal display, interest and attraction,should be an integral part of the design of a new building in the central commercial area. 6.50 Window area along the first floor shall be a minimum of 60% of exterior street fagade area when facing principal street(s). Design of thefirstfloorstorefrontshould includeparticularattention to the basic elements and proportions of storefront design. 6.51 A building shall be designed to maintain or create the character and transparency of the traditional street level retail frontage. This shall be achieved using more than one of the following: Y r 0 A traditional recessed retail entrance y 0 Retail display cases • Appropriately designed signage and lighting Storefront Design The traditional storefront, where architectural display was frequently used to draw attention to retail goods display, remains an essential feature of the attractive and vibrant commercial center.The role and relationship of the traditional storefront can readily be interpreted through contemporary design. A new building shall be designed to express these principles. Concentrate interest at street level using the highest quality of design,detailing and materials. page 120 rte Commercial,Lodging and Historic Distri4 Design Objectives and Guidelines City of Aspen Commercial Core Historic District 6.52 Design of the first floor storefront should include particular attention to the following: • The basic elements and proportions of storefront design • Depth and strength of modeling • The palette of materials and finishes used in both the structural framework and the storefront window • The concentration of architectural detail to ensure a rich visual experience • The careful and complementary use of signage and lettering to enhance the retail and downtown character • The careful use of lighting to accentuate visual presence. Side and Rear Fagades 6.53 Side and rear building facades should be designed and articulated to reduce the apparent scale of the building and create visual interest. 6.54 Side and rear fagades providing retail The Wheeler Opera House uses a combination of storefront and frontage shall include a distinct definition of smaller windows to articulate the faVade along the secondary the first floor, fenestration, design articulation, street. and/or display cases. 6.55 Retail frontage facing onto side courts or rear alleys should follow similar design principles to street frontage, adjusted for the scale of the space. Corner Lots 6.56 Special features that highlight buildings on corner lots may be considered. • Develop both street elevations to provide visual interest to pedestrians. • Corner entrances,bay windows and towers are examples of elements that may be considered to emphasize corner locations. • Storefront windows, display cases and other elements that provide visual interest to fagades along side streets are also appropriate. Commercial,Lodging and Historic District , Design Objectives and Guidelines 0 0 Commercial Core Historic District City of Aspen Roofscape City roofscape should be regarded as one architectural 'elevation', given its visibility from nearby buildings and mountain slopes. Specific attention should be paid to creating a varied and k' interesting roofscape.The form seen from above should reinforce the rhythm and scale of the street fagade. 6.57 A larger building should reflect the traditional lot width in the form and variation G + + of its roof in order to maintain the scale of the area. This should be achieved through the following: A building should be designed to respect the traditional lot width A set back of the top floor from the front and scale in the roofscape.. fagade • Reflect the traditional lot width in the roof plane : r t 6.58 The roofscape should be designed with the same design attention as the secondary elevations of the building. • Group and screen mechanical units from view. Locate mechanical equipment to the rear of the roof area. • Position, articulate and design rooftop enclosures or structures to reflect the modulation and character of the building. Roofscape design is an important element within the city core since . Use materials which complement the design it is often seen from Aspen Mountain above. of the building facades • Design roof garden areas to be unobtrusive from the street. • Use'green roof'design best practice,where feasible. page 122 , Commercial,Lodging and Historic District Design Objectives and Guidelines 0 0 City of Aspen Commercial Core Historic District Architectural Materials The Commercial Core of Aspen is comprised ,777 j of a rich variety of building materials, some of local origin. Predominant within this palette is the range of generally high quality brick and natural stone used for prominent commercial and civic buildings. In contrast, wood is the material for the construction of early residential = buildings. The combination,quality and variation -'* traditionally found in these materials within the Commercial Core area creates and maintains a = sense of history,durability and permanence.This should be preserved. A range of fagade materials should be used to reduce the apparent scale of a larger building. The immediate setting of a historic building will require particular care in the choice of materials. :b Stone is high quality material that has been used traditionally in A new building should respect the range and Aspen. Its use should be continued where feasible. quality of these existing materials.The palette of materials adopted for all fagades of the building should reflect, complement and enhance the yam. evolving form and character of the center of the city. 6.59 High quality,durable materials should be employed. • The palette of materials proposed for all development should be specified and F• ,;r approved as part of the general and detailed development approvals process,including samples of materials as required. f 6.60 Building materials should have these features: • Convey the quality and range of materials seen historically • Reduce the scale and enhance visual interest • Convey human scale • Have proven durability and weathering characteristics within this climate Commercial,Lodging and Historic Distri page 123 Design Objectives and Guidelines Commercial Core Historic District City of Aspen 6.61 The palette of materials used for new buildings within the core should reflect the predominantly masonry (brickwork and natural stonework) palette of this area. 6.62 A building or additions to a building should reflect the quality and the variation J ' traditionally found in these materials within the central commercial core. I - f 'r 6.63 Where contemporary materials are used they shall be: a High quality in durability and finish 0 Detailed to convey a human scale y 0 Compatible with a traditional masonry - palette ��1StSx 6.64 Materials used for third floor N k accommodation set back from the street `s} fagade(s) should be more subdued than the primary facades. IS Reflect the quality and detail found traditionally. N } f Y r' 1 Reflect the materials found traditionally. page 124r Commercial,Lodging and Historic District Design Objectives and Guidelines C� O City of Aspen Commercial Core Historic District Paving and Landscaping Certain settings and buildings within the city are markedly enhanced by the quality of design and materials in paving and/or landscaping. It is important that this is recognized and retained +� where it exists. It is equally important that the f opportunity is taken in all development to create paving and landscaping design of the highest , quality with the consequent enhancement of the city setting. Proposed enhancements within the public right 'll/j�r of way shall form part of a comprehensive improvement proposal for the street or area,and paving and landscaping should be designed to complement and will be assessed and approved in relation to these enhance the immediate setting of the building area as well as objectives. amenity spaces. 6.65 Paving and landscaping should be designed to complement and enhance the immediate setting of the building and area. i Decorative paving can enhance the experience of the Commercial Core. Commercial,Lodging and Historic District page 125 Design Objectives and Guidelines Commercial Core Historic District City of Aspen page 1261 Commercial,Lodging and Historic District Design Objectives and Guidelines RECEPTION#: 586790, 02/17/2012 at 10:34:13 AM, 1 OF 24, R $126.00 Doc Code ORDINANCE Janice K.Vos Caudill, Pitkin County,CO ORDINANCE #5 (Series of 2012) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO, APPROVING HISTORIC LANDMARK DESIGNATION, SUBDIVISION,GROWTH MANAGEMENT REVIEW,CONCEPTUAL COMMERCIAL DESIGN REVIEW, BENEFITS THROUGH THE ASPENMODERN PROGRAM, AND A SITE SPECIFIC DEVELOPMENT PLAN FOR THE PROPERTIES LOCATED AT 517 EAST HYMAN AVENUE,521 EAST HYMAN AVENUE,AND THE PARKING LOT ON THE CORNER OF HUNTER AND HYMAN STREETS, LEGALLY DESCRIBED AS LOTS E-I, BLOCK 95, INCLUDING UNITS 1,2 AND THE COMMON AREA OF THE BENTON BUILDING CONDOMIUMUMS,CITY AND TOWNSITE OF ASPEN,COLORADO PARCEL ID NUMBERS: 2737-182-54-001 2737-182-54-002 2737-182-54-800 2737-182-24-002 2737-182-24-004 WHEREAS,the applicant, Aspen Core Ventures, LLC, represented by Stan Clauson Associates, Inc., submitted an application, pursuant to Section 26.415.025(C), AspenModern Properties, of the Aspen Municipal Code, to voluntarily participate in the AspenModern ninety-day negotiation period for the properties located at 517 East Hyman Avenue (Lot E, Block 95) (the ``Little Annie's Building"), 521 East Hyman Avenue (Units 1 and 2 of the Benton Building Condominium, aka Lot F, Block 95) (the "Benton Building") and the parking lot located at the southwest corner of Hunter an i Hyman Streets (Lots G, H and I Block 95); and WHEREAS, the subject properties are located within the designated boundaries of the Commercial Core Historic District as described in City Council Ordinance number 49, series of 1974; and WHEREAS, the applicant submitted a letter dated November 29, 2011 requesting that the City and the applicant negotiate the possible voluntary designation of the Little Annie's and Benton Buildings to add them as individual landmarks to the Aspen Inventory of Historic Landmark Sites and Structures in exchange for specific benefits through the AspenModern program; and WHEREAS, pursuant to §26.415.025.C(1), the ninety-day AspenModern negotiation commenced on November 29, 2011; and WHEREAS, §26.415.025.C(1)(b) states that, during the negotiation period, "the Community Development Director shall confer with the Historic Preservation Commission, during a public meeting, regarding the proposed building permit and the nature of the property. The property owner shall be provided notice of this meeting;"and 517 and 521 E. Hyman Avenue Ordinance #5, Series of 2012 Page 1 of 15 WHEREAS, the property owners' representative met with the Historic Preservation Commission(the HPC) on December 7, 2011,and December 14,2011; and WHEREAS, at their regular meeting on December 14, 2011, the HPC considered the application; found that 517 E. Hyman Avenue was a"best"example of Rustic style; and that 521 E. Hyman was a "better" example of Organic/Wrightian style; evaluated the designation and proposed development; and, found that the policy objectives for the historic preservation program stated at §26.415.010, Purpose and Intent are met, and recommended City Council ("Council") approval of Historic Landmark Designation, Conceptual Commercial Design Review and requested benefits and fee waivers as stated in HPC Resolution numbered 16, 17 and 18, Series of 2011; and WHEREAS, §26.415.025.C(1)(d), states that, during the negotiation period, "Council may negotiate directly with the property owner or may choose to direct the Community Development Director, or other City staff as necessary, to negotiate with the property owner to reach a mutually acceptable agreement for the designation of the property"; and WHEREAS, the property owner's representative met with City Council during their regular meeting on January 9, 2012 at which time City Council voted four to one to negotiate for landmark designation and appointed two City Council representatives to meet directly with the property owner regarding the negotiations; and WHEREAS, the two City Council representatives appointed by City Council met with the property owner and Community Development Staff regarding negotiations; and WHEREAS, the property owner, the Community Development Director, City staff, and the two City Council representatives designated by City Council to negotiate with the property owner have directed City staff to prepare an ordinance containing the terms of a proposed mutually acceptable agreement for the designation of the properties for approval or disapproval pursuant to §26.415.0301)(4); and WHEREAS, §26.415.025.C(1)d establishes that "as part of the mutually acceptable agreement, the City Council may, at its sole discretion, approve any land use entitlement or fee waiver permitted by the Municipal Code and may award any approval that is assigned to another Board or Commission, including variations;"and WHEREAS, the property owner requests voluntary Landmark Designation - §26.415.030(C), AspenModern; Subdivision review- §26.480.040(C)Subdivisions; Growth Management review- §26.470.070(1); Enlargement of an historic landmark for commercial, lodge or mixed use development; Certificate of Appropriateness for Major Development Conceptual - §26.415.070(D)(3); Conceptual Development Plan Review; and, Conceptual Commercial Design Review - §26.412.040(A)(2), Conceptual Design Review; all to be consolidated with the AspenModern ninety-day negotiation process and reviewed by City Council; and 517 and 521 E. Hyman Avenue Ordinance#5, Series of 2012 Page 2 of 15 WHEREAS, in addition to Historic Landmark Designation, Subdivision, Growth Management, Certificate of Appropriateness for Major Development Conceptual, and Conceptual Commercial Design Review the applicant had identified preservation incentives that are requested as part of the AspenModern negotiation process in a letter dated November 30, 2011. Those incentives requested include: the ability to construct a 7,500 square feet floor area free market residential unit; acknowledgement that the housing mitigation required for the new mixed use building will be satisfied by the preservation and remodeling of the Benton Building and the preservation of the Little Annie's Building; acknowledgement that the commercial parking requirement would be satisfied by the preservation and remodeling activities described above; a waiver of Park Development Fees and Air Quality/Transportation Demand Management fees; and, a reduction of required Public Amenity space from 1,500 sq. ft. to 405 sq. ft. and a waiver of public amenity cash in lieu fee; and WHEREAS,the Community Development Department performed an analysis of the application including Landmark Designation, Subdivision Review, Growth Management Review, Certificate of Appropriateness for Major Development Conceptual Review, and Commercial Design Standard Conceptual Review and found that the review standards are met. The staff report analyzed the proposed preservation incentives and monetary value of the benefits where possible•, and WHEREAS,the City Council finds that the proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS,the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety,and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO,AS FOLLOWS: Section 1: Approvals and Project Phasing a. Approvals. Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves Historic Designation, Subdivision, Growth Management Review, Certificate of Appropriateness for Major Development Conceptual, Commercial Design Review Conceptual and a site specific development plan subject to the conditions described herein. b. Project Phasing. The applicant shall be permitted to restore the Benton Building and complete the construction of the mixed use addition during different construction phases for the overall project approved by this Ordinance. All mitigation requirements stated in this Ordinance, with the exception of the off-site affordable housing unit, shall be due and payable at the time of issuance of a building permit for the mixed use addition. 517 and 521 E. Hyman Avenue Ordinance#5, Series of 2012 Page 3 of 15 Section 2: Historic Landmark Desiznation Historic landmark designation is granted for 517 East Hyman Avenue (Lot E, Block 95) aka "Little Annie's", 521 East Hyman Avenue (Units 1 and 2 of the Benton Building Condominium, Lot F, Block 95) aka"the Benton Building." The historic landmark designation encompasses the entire newly created 15,000 square feet parcel legally described as Lots E, F, G, H and 1, Block 95, City and Townsite of Aspen, Colorado. Moreover, the property owner has committed to a restoration of the facade and other important exterior elements of the Benton Building, as shown on the plans dated February 13, 2012. Upon the effective date of this-ordinance, the City Clerk shall record with the real estate records of the Clerk and Recorder of the County, a certified copy of this ordinance. The location of the historic landmark property designated by this ordinance shall be indicated on the official maps of the City that are maintained by the Community Development Department. Section 3: Subdivision Pursuant to the procedures and standards set forth in Title 26 of the City of Aspen Municipal Code, the Aspen City Council hereby approves Subdivision of the properties located at 517 East Hyman Avenue (Lot E, Block 95), 521 East Hyman Avenue (Units 1 and 2 of the Benton Building Condominium, aka Lot F, Block 95) and the parking lot located at the southwest corner of Hunter and Hyman Streets (Lots G, H and 1, Block 95) to merge the lots into one lot as follows: AspenCore, Lot 1 — Lots E, F, G, H, and I of Block 95, City and Townsite of Aspen containing two buildings including: 1) a mixed use building that includes an addition to 521 East Hyman Avenue aka "the Benton Building" and 2) a one story commercial building at 517 East Hyman Avenue aka"Little Annie's." A final Subdivision Plat and Subdivision Agreement that meets the requirements of Land Use Code § 26.480, Subdivision, shall be recorded in the Pitkin County Clerk and Recorder's Office within 180 days of the receipt of a Certificate of Appropriateness for Major Development by the Historic Preservation Commission. A building permit may be submitted prior to the recordation of the Subdivision Plat and Agreement, but may not be issued until said Plat and Agreement are recorded. Subdivision Agreement shall include at a minimum the following information: L An illustrative site plan of the project depicting the proposed improvement and the approved dimensional requirements. 2. A grading and drainage plan for the property. 3. Approved landscape plan. 4. Pedestrian enhancement plan. 5. Commitment to complete or actual completion of the restoration of the Benton Building pursuant to plans dated February 13, 2012 prior to receiving a certificate of occupancy or a conditional certificate of occupancy for any portion of the new mixed use building. 6. Commitment to provide $2 million toward the Benton Building (interior, exterior, soft costs and hard costs, including restoration of the facade) and a process to account for the funds. Applicant shall restore Benton Building to its original appearance and contribute at 517 and 521 E. Hyman Avenue Ordinance#5, Series of 2012 Page 4 of 15 least $2 million towards the Benton Building. If restoration costs less than $2 million, then the remainder of the funds goes to the City for Historic Preservation efforts. 7. Commitment to complete all Public Improvements. Section 4: Financial Assurances Before the Applicant is issued a Building Permit for the mixed use addition to the Benton Building the Applicant shall provide to the Community Development Department the following; a. Cost Estimates. Applicant's General Contractor shall cause to be prepared, and certified as correct, cost estimates for all improvements or development for which a Building Permit is required. The cost estimates for the Public Improvements described herein at Section 18 shall be reviewed and approved by the City Engineer. The cost estimates for the implementation and maintenance of the landscape plan described herein at Section 13 shall be reviewed and approved by the Parks Department. The cost estimates for all other improvements and development in the Subdivision shall be reviewed and approved by the Building Department. Cost estimates for the landscape plan and the Public Improvements shall be shown separately from the cost estimates for all other improvements and development of the Project. Owner shall be responsible for the implementation and maintenance of the landscape plan and construction and installation of all Public Improvements required by this Ordinance. b. Public Improvements and Landscaping Guarantees. Pursuant to and in conformance with the requirements of § 26.480.070(C) & (D) and § 26.445.070 (C)(3) & (4) of the Aspen Municipal Code; and, in order to secure the performance of the obligations of the Applicant to implement and maintain the Landscape Plan and to ensure the installation of the Public Improvements, Applicant shall provide a guarantee of no less than one hundred and twenty five percent (125%) of the estimated cost of such Landscape Plan and Public Improvements, as determined and approved in subsection (a), above. The guarantee to implement and maintain the Landscape Plan and to complete Public Improvements shall be made by depositing with the City an irrevocable letter of credit with provisions as hereinafter set forth, or by providing such other security that may be acceptable to the City attorney. If an irrevocable letter of credit is used, the irrevocable letter of credit shall be retained by the City until satisfaction of Applicant's obligations under this Section or earlier released by the City. The letter of credit shall be issued by a financial institution doing business in Aspen, Colorado, or such other bank as shall be approved by the City; shall have an expiration date no earlier than two years after its date of issue; and shall provide that it may be drawn upon from time to time by the City in such amount or amounts as the City may designate as justified, such amounts not to exceed, in the aggregate, the amount of the letter of credit. Iyraws under any such letter of credit shall be by a certificate signed by the City Manager of the City of Aspen, or his designee, stating that the City is entitled to draw the specified amount under the terms of this Section. 517 and 521 E. Hyman Avenue Ordinance#5, Series of 2012 Page 5 of 15 C. Other Improvements and Development. With respect to all other improvements or development within the Project, the Applicant shall provide evidence satisfactory to the Community Development Department and the City Attorney's Office that the Applicant has in place sufficient financing to accomplish and complete all the development for which a Building Permit is sought. Such financing may include, without limitation, a construction loan from an institutional lender or lenders and equity capital investments from the Applicant or third party investors. The City Attorney shall have sole discretion in determining if the proposed financing as advanced by the Applicant is sufficient to complete the development activity for which a Building Permit is sought. d. Financial Assurances for Completion of the Project. The Applicant further commits and agrees that before any Building Permit (including demolition, access/infrastructure, and/or site preparation permits) is issued for the Project approved by this Ordinance, the Applicant shall provide to the City Building Department and the City Attorney for review and approval a copy of a Performance Bond issued or committed to be issued to the Applicant's General Contractor by an institutional surety company pursuant to which the surety agrees to provide the funds necessary to complete the construction of the improvements covered by the Building Permit, and all public improvements required under the Subdivision/PUD Agreement, or by providing such other security that may be acceptable to the City attorney. If a Performance Bond is used, the Performance Bond shall name the Applicant and the City of Aspen as additional beneficiaries or insureds thereunder to grant to either or both of them a direct right of action under the Performance Bond in order to construct or finish public improvements, and to complete the construction of the improvements covered by the Building Permit. Section 5: Site Protection Fund The Applicant hereby commits and agrees that before any Building Permit(including demolition, access/infrastructure, and/or site preparation permits) is issued for the Project approved by this Ordinance, the Applicant shall deposit with Pitkin County Title, Inc. ("Escrow Agent") the sum of$250,000 in the form of cash or wired funds (the"Escrow Funds") and will execute an Escrow Agreement and Instructions with the Escrow Agent which recites and agrees as follows: "In the event construction work on the Project shall cease for sixty (60) days or longer (`work stoppage') prior to a final inspection by the City of the work authorized by the Foundation/Structural Frame Permit on the Project, then the City in its discretion may draw upon the Escrow Funds from time to time as needed for purposes of protecting and securing the Project site and improvements from damage by the elements and/or from trespass by unauthorized persons, and for purposes of improving the Project site to a safe condition such that it does not become an attractive nuisance or otherwise pose a threat to neighbors or other persons." 517 and 521 E. Hyman Avenue Ordinance #5, Series of 2012 Page 6 of 15 The Escrow Funds or any remaining balance thereof shall be returned to Applicant upon completion by the City of a final inspection of the work authorized by the Foundation/Structural Frame Permit on the Project. Section 6: Approved Dimensional Requirements The buildings as presented in the plans dated February 13, 2012 and attached as Exhibit A to this Ordinance comply with the effective dimensional allowances and limitations of the Commercial Core (CC) zone district as modified below. Compliance with these requirements shall be verified by the City of Aspen Zoning Officer at the time of building permit submittal. The following dimensions are approved: Minimum Lot Size: 15,000 square feet Minimum Lot Width: 150 feet Minimum Front Yard Setback: 0 feet—Hyman Avenue Minimum Side Yard Setback: 0 feet—Hunter Street Minimum Rear Yard Setback: 0 feet—Alley Minimum Trash/Recycle Area: Alley frontage of 23 linear feet with 10 feet vertical clearance and 10 feet deep Maximum Building Height: 41 feet for three story elements Minimum Pedestrian Amenity: Accommodated partially onsite and with the completion of a Pedestrian Improvement Plan as described in § 7 herein. Maximum Allowable Floor Area: 33,005 square feet Maximum Commercial Floor Area: 24,055 square feet Maximum Net Leasable Commercial Area: 22,153 square feet Maximum Residential Floor Area: 8,950 square feet total free market residential allocated as follows: 6,950 square feet for Unit 1 and 2,000 square feet for Unit 2 Maximum Residential Net Livable Area: 7,605 square feet total: 6,063 square feet for Unit 1 and 1,542 square feet for Unit 2 517 and 521 E. Hyman Avenue Ordinance#5, Series of 2012 Page 7 of 15 Residential Units: 2 units Minimum Off-Street Parking Spaces: 3 spaces Minor adjustments to the dimensions represented above may occur upon review of a building permit as long as the resulting dimensions do not exceed those approved through this ordinance. Decks are approved as shown in the plans attached as Exhibit A dated February 13, 2012. If an application is submitted by the owner, the residential floor area and residential net livable area described above for Unit 1 may be divided into two units through an administrative approval by the Community Development Director. The residential floor area and residential net livable area described above may not be increased without approval by City Council. Growth Management mitigation for the third free market residential unit is required and shall be in the form of a cash in lieu payment calculated at the time of building permit submittal for the third unit. Section 7: Affordable Restaurant Deed Restriction: The site currently occupied by Little Annie's Restaurant (the "Restaurant Site") shall be restricted in perpetuity by a deed restriction approved by the city Attorney and thereafter recorded a with the Clerk and Recorder's Office of Pitkin County so that the Restaurant Site may be used only for the operation of a "low-priced restaurant" (as hereinafter defined). Future rent for the Restaurant Site shall not exceed rent for the current year, as adjusted each calendar year thereafter by an amount equal to the percentage increase, if any, in the CPI-U,U.S. City Average, All Items, (1982-84=100) Consumer Price Index (the "CPI"), over the CPI in effect for the month and year of the effective date of this ordinance. For purposes of this paragraph, the term "low- priced restaurant" means a restaurant offering menu items priced not more expensively, on a relative basis when compared to other sit down restaurants in Aspen, Colorado, than the current menu prices. A copy of the current menu prices at the Restaurant Site shall be kept and maintained by the City of Aspen Community Development Department which shall constitute conclusive evidence of the current menu prices. Any other uses, including other uses allowed in the CC Zone District as a matter of right, or any greater increases in rent shall be permitted only upon the agreement of the Owner and the City. The deed restriction shall be recorded prior to granting a certificate of occupancy for the mixed use addition. The applicant shall make a reasonable good faith effort to find a tenant for the space. Section 8• Impact and Development Fees:_ Public Amenity Space The open space in front of the Benton Building qualifies as Public Amenity space and meets a portion of the requirement. Pursuant to Land Use Code Subsection 26.575.030.c.2,Public Amenity, the Applicant commits to provide the remaining 7.3% of the public amenity requirement off-site through the completion of a pedestrian improvement plan. The pedestrian improvement plan shall provide extensive improvements to the Hyman and Hunter Streets right-of-ways and is subject to approval by the Parks, Community Development and Engineering Departments. The improvements shall be installed at the cost of the Applicant and shall be in addition to the basic street, curb,gutter,sidewalk and landscaping improvements required under the Municipal Code. 517 and 521 E. Hyman Avenue Ordinance#5, Series of 2012 Page 8 of 15 The property owner has agreed to undertake an architectural study to see if it is reasonably possible to provide accessibility in accordance with Building Code requirements to the Little Annie's building without disrupting existing restaurant operations. Parks Development and Air QualibLILQMImpact Fees Pursuant to Land Use Code § 26.610.030, Exemptions, development involving a property listed on the Aspen Inventory of Historic Landmark Sites and Structures is exempt from the Parks Development and Air Quality/TDM Impact Fees. School Lands Dedication Before the Applicant is issued a Building Permit, the Applicant shall pay a fee-in-lieu of land dedication pursuant to Chapter 26.620, School Lands Dedication. The amount of the fee shall be calculated by the Community Development Department using the calculation method and fee schedule in effect at the time the applicant submits a Building Permit. Parkin Pursuant to Land Use Code § 26.515,Parking, new net leasable area is required to mitigate parking impacts either through onsite spaces or cash in lieu. The Applicant agrees to pay the following cash in lieu fee prior to the building permit issuance: 15,859 sq. ft. net leasable/ 1,000 sq. ft. = 15.8 parking spaces required 15.8 spaces required—3 onsite spaces provided= 12.8 parking spaces 12.8 x $30,000/space=$384,000 An increase to the 15,859 square feet of net leasable area described above shall require additional cash in lieu payment according to the above methodology. Section 9: Employee Generation and Mitigation The existing net leasable calculation for both the Benton Building (521 E. Hyman Avenue) and Little Annie's (517 E. Hyman Avenue) is 7,505 square feet. City Council hereby grants a credit of commercial net leasable for the preservation of these buildings. Pursuant to Chapter 26.470, Growth Management, of the Aspen Land Use Code historic landmarks are eligible for growth management benefits. As such the two free market residential units are permitted without affordable housing mitigation for the historic preservation of two buildings. Following is a calculation of the affordable housing requirement and the manner in which it is proposed to be provided. Existing Commercial Net Leasable Calculation: Benton Building Main Level 2,375 x 4.1 FTEs/1,000 s.f. =9.7375 FTEs 517 and 521 E. Hyman Avenue Ordinance#5, Series of 2012 Page 9 of 15 Benton Building Upper Floors: 2,670 x 3.075 FTEs/1,000 s.f.=8.21025 FTEs Total Benton Building existing net leasable= 17.94775 FTEs Little Annie's Main Level 2,460 x 4.1 FTEs/1,000 s.f. = 10.086 FTEs Preservation credit for existing net leasable 17.94775+10.086=28.03375 FTEs New Commercial Net Leasable Calculation: Main Level (6,096 x 4.1 FTEs)/1,000 sq. ft.=24.9936 FTEs Upper Floors and Basement Level (9,763 x 3.075)/1,000 s.f. = 30.021225 FTEs Total new commercial net leasable=55.014825 FTEs Calculation for the enlargement of a historic landmark for mixed use development: 55.014825—28.03375=26.981075 Total FTEs The first 4 employees require 0 mitigation; 2 landmarks means the first 8 employees require 0 mitigation: 0 FTEs generated for first 8 employees. The second 4 employees require mitigation at 30%; 2 landmarks means the second 8 employees require 30%mitigation 8 x 30%=2.4 FTEs generated for the second 8 employees. The remaining employees are mitigated at 60%. 26.981075—(2 x 8)= 10.981075 10.981075 x 60% =6.588645 FTEs 0+2.4+6.588645=8.988645 employees to be housed by this project. The project is required to provide housing mitigation to house 9 employees, and has represented a commitment to pay cash in lieu for approximately 80% of the total mitigation, 7.25 FTEs, which equals (7.25 x $139,890) = $1,014,202.50 and approximately 20% of the total mitigation, 1.75 FTEs, shall be provided in the form of an offsite unit or affordable housing credits. 517 and 521 E. Hyman Avenue Ordinance#5, Series of 2012 Page 10 of 15 The offsite unit shall meet the requirements of the Aspen Pitkin County Housing Authority Guidelines and shall be deed restricted in accordance with Aspen Pitkin County Housing Authority requirements at Category 4 or lower. A Certificate of Occupancy shall be granted and a deed restriction shall be recorded for the offsite housing unit prior to the issuance of a Certificate of Occupancy or a Conditional Certificate of Occupancy for the mixed use addition. If applicable, affordable housing credits shall be extinguished prior to a Certificate of Occupancy for the mixed use addition. Section 10: Growth Management Quots System Allotments The following Growth Management allotments are hereby granted to the Project: a. Residential Free Market—2 units b. Commercial Net Leasable—15,859 square feet Section 11: Design Review Conceptual Commercial Design Review and Certificate of Appropriateness for Major Development Conceptual including mass, scale and height of the project is hereby granted as presented in the plans dated February 13, 2012 attached as Exhibit A to the Ordinance. Final Commercial Design Review as described in Land Use Code § 26.412, Commercial Design Review, and a Certificate of Appropriateness for Major Development Final as described in Land Use Code § 26.415.070 Development involving designated historic properties, are required to be granted by the Historic Preservation Commission prior to the issuance of a Development Order. Section 12: Building Permit The applicant may not submit a Building Permit Application, with the exception of a building permit for the Benton Building exterior restoration and interior remodel, until the requirements in Land Use Code § 26.304.075, Building Permit, are fulfilled. The building permit application shall include the following: 1. A copy of the Development Order issued by the Community Development Department (see § 26.304.075(A)(2), City of Aspen Municipal Code.) 2. A copy of the final City Council Ordinance and HPC Resolutions. 3. The conditions of approval shall be printed on the cover page of the Building Permit set. 4. A fugitive dust control plan to be reviewed and approved by the City Engineering Department. 5. An excavation-stabilization plan, construction management plan (CMP), drainage and soils report pursuant to Engineering and Building Department requirements. 6. A grading report pursuant to Engineering Department requirements. 7. Accessiblity and ANSI requirements shall meet adopted Building Code requirements. 8. Evidence that the landscape plan received approval from the Parks Department. 9. Evidence that the cost estimates for the landscaping plan and Public Improvements received approval from the Community Development Department. 10. Evidence that the Financial Assurances and Site Protection Fund commitments, set forth at Section 4& 5 above,have been met. 517 and 521 E. Hyman Avenue Ordinance#5, Series of 2012 Page I 1 of 15 Section 13: Engineering The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21, Title 28, and all construction and excavation standards published by the Engineering Department. A construction management plan must be submitted in conjunction with the building permit application. A completed drainage report/plan as outlined in the Urban Runoff Management Plan shall be submitted and approved prior to recordation of Final Plat and building permit issuance for the mixed use addition. A complete grading report shall be submitted and approved prior to recordation of Final Plat. Failure to meet the standards in Title 21 and Title 28 may result in a physical change to the project and possible review by City Council and/or HPC to amend the design. Any transformers, telephone pedestals and any other above ground utility boxes will need to be located on the property instead of the ROW. Section 14: Parks 1. The Parks Department shall review and approve a Landscape Plan prior to building permit submittal for any phase of the project. 2. Landscaping in the public Right-of-way (ROW) shall be subject to landscaping in the Right-of-way requirements, Aspen Municipal Code Chapter 21.20. All plantings within the City Right-of-way must be approved by the City Parks Department prior to installation. 3. Right-of-way requirements necessitate adequate irrigation pressure and coverage, if a system is not in place one will need to be added. 4. An approved tree removal permit shall be required before any demolition or access infrastructure work occurs. Section 15: Fire Mitigation Before the Applicant is issued a Building Permit, the Applicant shall obtain the approval of the Fire Marshal of a Fire Protection Plan which shall include the following elements: 1. Compliance with all codes and requirements of the Aspen Fire Protection District 2. Sprinkler, fire alarms and carbon monoxide alarms are required. (IFC as amended Section 903 and 907). 3. Documentation that the proposed development has sufficient volume and pressure of water for the sprinklers or other fire suppression system adequate to satisfy the District's standards for the type of structures proposed by the approved development. This requirement shall be satisfied by an analysis acceptable to the Water Department which demonstrates system delivery capacity of existing water distribution system at the Water Departments' main water to the approved development of no less than 3,000 gallons per minute. 4. An overall access plan for the site. Section 16: Sanitation District Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. 517 and 521 E. Hyman Avenue Ordinance#5, Series of 2012 Page 12 of 15 Section 17: Water Department The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water conservation and Plumbing Advisory Code) of the Aspen Municipal Code in place at the time of building permit submittal, as required by the City of Aspen Water Department. Each of the units within the mixed use building shall have individual water meters. Section 18: Exterior Lighting All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code §26.575.150, Outdoor Lighting. Section 14: Public Improvements The Applicant has agreed to perform certain Public Improvements and completion of said Public Improvements is hereby made a specific condition of the approval of this Ordinance. Applicant shall faithfully complete the Public Improvements listed below before the Applicant is issued a Certificate of Occupancy or a Conditional Certificate of Occupancy by the Building Department for the mixed use addition. The determination of satisfactory completion of the Public Improvements shall be within the sole discretion of the City Engineering or Building Departments. Applicant shall confirm its agreement to complete all Public Improvements in the Subdivision Agreement. The following are Public Improvements the Applicant has agreed to complete: a. compliance with the parks improvements, including a Landscape Plan, referenced in §14 herein, b. the public amenity requirement set forth at § 8 herein Section 20: Vested Rights The development approvals granted herein shall constitute a site-specific development plan and a vested property right pursuant to Land Use Code Section 26.308.011 attaching to and running with the Subject Property and shall confer upon the Applicant the right to undertake and complete the site specific development plan and use of said property under the terms and conditions of the site specific development plan including any approved amendments thereto. The vesting period of these vested property rights shall be for three (3)years which shall not begin to run until the date of the publications required to be made as set forth below. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of § 26.104.050, Void Permits. Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. For purposes of this provision, the submission and acceptance of a building permit application for the restoration of the Benton Building as part of the enlargement of a historic landmark that is deemed complete by the Chief Building Inspector pursuant to Land 517 and 521 E. Hyman Avenue Ordinance#5, Series of 2012 Page 13 of 15 Use Code Section 26.304.075 shall prevent the expiration of the vested rights of the applicant and any related development orders under Land Use Code Section 26.304.070.D. No later than fourteen (14) days following final approval of this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to Chapter 26.308, Vested Property Rights. Pursuant to § 26.304.070(A), Development Orders, such notice shall be substantially in the following form:. Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 517 East Hyman Avenue (Lot E, Block 95), 521 East Hyman Avenue (Units 1 and 2 of the Benton Building Condominium, aka Lot F, Block 95) and the parking lot located at the southwest corner of Hunter and Hyman Streets (Lots G, H and I Block 95), by Ordinance of the City Council of the City of Aspen. Nothing in this approval shall exempt the Development Order from subsequent reviews and approvals required by this Ordinance of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this Ordinance. The vested rights granted hereby shall be subject to all rights of referendum and judicial review. The period of time permitted by law to exercise the right of referendum to refer to the electorate this Section of this Ordinance granting vested rights; or, to seek judicial review of the grant of vested rights shall not begin to run until the date of publication of the notice of final development approval as set forth above. The rights of referendum described herein shall be no greater than those set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 21: 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 Historic Preservation Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 22: This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided,and the same shall be conducted and concluded under such prior ordinances. Section 23: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a 517 and 521 E. Hyman Avenue Ordinance#5, Series of 2012 Page 14 of 15 separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. The City Clerk is directed, upon the adoption of this ordinance,to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 24: A public hearing on this ordinance shall be held on the 13`h day of February, 2012, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen,Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 6th day of February,2012. lMicha6el . Ireland, May A T: to^ ♦'��L I A U Kathryn Koch,?y Clerk FINALLY,adopted,passed and approved this 13`h day of February,2012. Michael C. Ireland, ayor *athrynhrity Cl erk APPROVED AS FORM: John Worcester,City Attorney Exhibit A: Plans representing dimensional requirements. 517 and 521 E. Hyman Avenue Ordinance#5, Series of 2012 Page 15 of 15 � P I I TpASHA S L nerAn I =_ ru oAnACe -ATM Bsum InIAL sTan RESTOREO® ® I I BENTON (oc Noq i I I GAUEItY /\ -- I1_— 11ETAIL � ENtAY , I , I i I � Z FIRST FLOOR PLAN 18.,=V.0. ASPEN CORE Al I KE IQJGERMAN BARKLEY 2113M2 ARCHfTE(TS,P.C. Aspen,Colorado O UNR 2 --- ------- un NR SERVICFJ EIUiIN6 NG I B LCIoOff'88'� OFFICE , - oar _— ___—_ _—_.-- a------ --------i-- l I I I OFFICE OFFCE EIEV. I � , nECEFrwN I ONRI I I � I A�—_---_ —— I 1 I I I SECOND FLOOR PLAN j 1re"=r-o° { 1 K E IaIGERMAN BARN-EY ASPEN CORE A2 p,RC141ECTS,P.C. Aspen,Colorado 213/12 | ' i � ` THIRD FLOOR PLAN ASPEN CORE A3 ARCFWTECT�P.C. Aspen.Colorado I I I TERRACE 6El.QN I 3 I BELOW v , - I I bTMt 1 ------- --- ---- --_--- ��''I ,aooF TERRACE NNI BEIOA' RBlTON ANMES ROOF BHITN M3L1W I CHMN AT MINIMUMM BENTON F RXff® ROOF d ROOF TERRACE AREA:4,225 sf ROOF PLAN lIr=r-m A4 I K KLIGEPJ AN BAPIaEY ASPEN CORE 2113112 ARCMEM P.C. Aspen,Colorado -- f 4 4 4 Q Q BRIGt VEN®t CHIMNEY WTH I I ZINC GIADgNG I STONECAP DNC CLAD STNR I �gay PF11T110USE GLASS RIJr I MECNNUGL _ I 6VCLOSURE I I I ROGFTOP rER4 I TERRACOTTA GI•ee RARING ____ PAN LSOR PANELS OR I SANDSTONfi I I CLADDING IRD FLOOR_ — THIRG FL TERRACOTTA RAINSCR— I — 6YSTEM I I I r A IMIM sTOREFltONTI KYNAR FlNISN (IYPICAy i . ---- -- ------------ ----------- ------------- --- COM _._. GLAffATERRA COTTA OR SANDSTONE GADgNG ALUMI — j sTGREmoNr K,rN I t KYNARFlNASH 4 _ (rYPluy I s MST F�DOR� RESIDEMIALB.'TRY ALUMINUM STOREFRONT— KY FINISH(TYPJ alti .�ntsjvh,�w� { GIJr(1ni�ZC�ku,I/�i,I af�.1-rtiils,c�� �ulojtck � �'C�wl Yr�IM/• HUNTER STREET ELEVATION 3/16"=1'-0" I K E KLIGERMAN BARKLEY ASPEN CORE A5 ARCHRECTS,P.C. Aspen,Colorado 2/13/12 q1 �� -- I ---------------_- - II II I' I P aNC CLAOdHO BRICK V@.IEER —_ _—-—_ _ - v�-_- --r------------ - RAaR(f - --- - - 4T&.'FCxT----------- —r------------T- ,Q• RooFroP I —; --�---- •- -- --_. I EXPO6W Moon NOWFRAMW YIHO II ResaeeocMU i ' — I I m.00K NMLL TERM COTtA `r RNNSCREEN OR SANDSTONE .. - ___. I I —-—-—- it SECON D F4�t_ _— _ _ _ _— _ I_— _ GlA]H1 TERM fA OR E - SAND STONE _—_—____—_ OuOgNG I /or fill I ALUMINUM STOREFRONT Nin1 KYNAR FI NEW QbWFLOOR ' I 1 TERMC A 14C.Sw M000 FRANW IW,SCRSEN I I SIN STOREFRONT y,�:vna�viak L�n��vhh�n HYMAN AVENUE ELEVATION ���`"`"��,� 3116"=T-o' Awl yow. I K E KLIGERMAN BARKLEY ASPEN CORE A6 ARC WrEM,P.C. Aspen,Colorado 2113112 _ `ffTNR PQB Y�J TTTT _ 1 I � - — _ TNIR�_FLQQR II I k I --1 F RST _ I I imencarrwvFa� I ' 4 �1UIL�IN1��'CV1ak,,�lvie�M'hOh AYi�,i�tG�hnv�I dd�t't��rt�L ALLEY ELEVATION mew. 3/16"=1'-0' J I K E KLIGERMAN BARKLEY ASPEN CORE A7 ARCHnz-Gm P.C. Aspen,Cobredo 2/13112 COMMERCIAL F.M.RESIDENTIAL BENTON LITTLEANNIE-S COMMERCIAL F.M.RESIDENTIAL BENTON N.L. LITTLE ANNIE'S LEVEL FAR FAR. F.AFL FAR. LEVEL NETLEASABLE NET UNABLE N.L. BASEMENT 0 SF 0 SF 0 SF 0 SF BASEMENT 4,250 SF 0 SF 0 SF 0 SF 33 FIRST FLOOR 7,723 SF 305 SF 2375 SF 3,000 SF FIRST FLOOR 6,096 SF 0 SF 1,507 SF 2,460 SF unit 1 SECOND FLOOR 6,552 SF 21068F 2310 SF 0 SF SECOND FLOOR 5,513 SF 1,261 SF 2,147 SF 0 SF unit 2 611 E IlTLIAN 621 SF unit 1 THIRD FLOOR 0 SF 6,539 SF 360 SF 0 SF THIRD FLOOR 0 SF 4,802 SF_ 0 SF 0 SF unit 021 1 021 SF unk 1 ©l�n E GONMERGAL TOTALS 14,275 SF 8,950 SF 5,045 SF 3,000 SF TOTALS 15,859 SF 6,063 SF 3,654 SF 2,460 SF 2,712 SO FT unit 2 1,542 SF TOTALASPEN CORE PROPOSED FAR: TOTAL COMMERCIAL NET LEASABLE TOTAL F.M.RESIDENTIAL NET LIVEABLE 41��0 SQUARE FEET-INCLUDES 517&521 HYMAN 21 973 SQUARE FEET- 7 605 SQUARE FEET (INCL 517&521 HYMAN) �A I" AIOR RESIDEffrIAI NON LINT RPACE L NERCIRLNONUNRSPPCE CQMMERCM NONUNITSPACE °�"PT SQ FT. T CE TERRACE Ui] _ I NI 1 6616E 13 I I M tl �\Tw SENiON 100 AIRLOOK COMMEPWL 1 gD0. T . EXEMPT ETON /S:TUMSAILE E BuM! ANNM S1IE76T 617 EAST C LAYMAN HYMAII E 1W T%k:5E -- — ELEV a TOP LEVEL TIURD FLOOR RRbbTT FFllDDO0RR Z SECOND FLOOR OF STAIRCASE-- 1 LEKLIGEFPJAAN lt�A06SO FT. R ALLOWABLE OUTDOOR AREA 15.000SF X 2.5 X 15%=5625 SF OOTAQE OUTLINES SHOJM AT MOE FACE FOR CLARfTY PROPOSED OUTDOOR AREA 3RDFL:1397SF AREA PLANS ROOF:4225 SF 1/16"=T-o" TOTAL:5622 SF<5625=OK ASPEN CORE A11 BARKLEY RECTS,P.C. Aspen,Colorado 2113/12 1 �y 7 HYMAN AVENUE i srre ruH 1'�MS SITE PLAN&PERSPECTIVE 1"=20'-0"' I I K E KLIGERMAN BARKLEY ASPEN CORE T1 ARCHRE=P.C. Aspen,Colorado 2113112 Reeular Meeting Aspen City Council February 13,2012 Lee Mulcahy agreed he would prefer to see the plan adopted in its present form. Mulcahy supports full mitigation for affordable housing. Mulcahy said allowing 51' in height and a reduction in affordable housing at the Little Annie project is unfortunate. Mayor Ireland closed the public hearing. Councilman Torre requested a legal opinion on the gap amendments,the changes,what from the previous AACP will be foregone in this iteration. Councilman Johnson moved to continue Ordinance#3, Series of 2012,to February 27; seconded by Councilman Frisch. All in favor,motion carried. ORDINANCE 034, SERIES OF 2011 —Code Amendment—Vacation Rentals Mayor Ireland moved to continue Ordinance#34, Series of 2011,to March 26th; seconded by Councilman Johnson. All in favor,motion carried. ORDINANCE#5,SERIES OF 2012—AspenModern Designation, Little Annie's/Benton Building Sara Adams,community development department,reminded Council this is an AspenModem negotiation for designation of the Benton building and Little Annie's. AspenModem is the method to designate post WWII buildings in Aspen. This is a voluntary program and allows applicant to request incentives in exchange for voluntary designation. Ms. Adams noted exhibit J outlines in detail the employee generation calculations and why they have changed in the process. Ms. Adams said since the last meeting, the applicant has offered to deed restrict the building housing Little Annie's as an affordable restaurant in perpetuity. The current proposal is to mitigate for 9 employees through a one-bedroom off-site unit and cash-in-lieu for category 4. Two free market residential units are proposed; the larger unit exceeds the square footage cap allowed in the commercial core. The total free market residential square footage exceeds the allowable in the commercial core. The key issues before Council are how the employee generation is calculated and the residential component of the project. Ms. Adams pointed out the applicant may break the larger residential units into two units and affordable housing would be required for the second unit. Ms. Adams told Council the application meets the parking requirements for the commercial core; one is allowed to pay cash-in-lieu for parking that cannot be provided on site. The applicant is providing 3 parking spaces on site and it paying cash-in-lieu for the remainder. The applicant is meeting the pedestrian amenity requirement through a pedestrian enhancement plan. Ms. Adams said landmark designation of Little Annie's and the Benton building is required as part of the application. The designation criteria are addressed in detail in exhibits A and B. Ms. Adams said staff finds the Benton building is important in its connection to Tom Benton, it is representative of the organic style of architecture, it is indicative of 1970's trends in Aspen and it 8 4 1 Rezular Meeting Aspen City Council February 13,2012 meets all of the designation criteria. The applicant is proposing a$2 million restoration of the Benton building. Ms. Adams said staff feels Little Annie's is representative of the rustic style. HPC reviewed designation of both buildings in December and voted in favor of designation of both. HPC recommends landmark designation to Council and it is Council's decision whether designation will happen. Ms. Adams reminded Council HPC voted last fall in favor of demolition of Little Annie's and Council called up that decision. Ms. Adams pointed out there are different criteria when discussing designation of a property versus demolition of a property. After hearing from the public, HPC looked at social importance to the community and relationship to the rustic theme of this property. HPC found historic designation criteria a and e are met. As part of AspenModem, Council can consolidate other land use reviews; subdivision review to merge these 3 lots is requested, growth management review to enlarge two landmarks is requested. HPC voted 4 to 1 in favor of the conceptual design review and if Council adopts Ordinance#5,HPC will have final design review, which review deals with materials, landscaping, and fenestration. Staff finds the project meets the requirement of the commercial core zone except the free market component of units size and total square footage. Ms. Adams said for the mechanical elements on the roof,the code requires a 15' setback from the street fagade and the proposed elements are setback 28' from each street facade. Ms. Adams said Benton and Little Annies meet the criteria for designation. Mayor Ireland asked how much mitigation would the free market condominiums be required to provide. Chris Bendon, community development department, said residential development is an inclusionary requirement at 30%of the floor area or about 2600 square feet and this can be provided in any number of ways. Councilman Torre asked what happens in the design process if this ordinance is adopted. Ms. Adams said conceptual design review deals with massing, height, scale,the shape of the box. Final design review deals with what goes on the box. Nikos Hecht,applicant,told Council he purchased these five lots and went forward with a development and then heard from the community they wanted to keep Little Annie's and the Benton building. Hecht said the architect then tried to pinch the development onto 3 lots and made an effort to preserve and to restore Little Annie's and the Benton building. Hecht said he has also committed to making a low price eatery in perpetuity. Stan Clauson, representing the applicant, showed the area in context, showed the surrounding buildings, showed the streetscape, showed iconic buildings, like the Elks and Independence building, and contemporary buildings, like Boogies. Clauson reminded Council the AACP recommended the parking lot as a site for redevelopment. Clauson said the design protects Little Annie's and the Benton building and adds vitality to the commercial core. John Toya, architect, showed the project,the uses, the entrances;the 1st floor will be retail space,the retail space in the Benton building will be restored. The 2nd floor will be office space and some residential uses;the 3`d floor is residential uses, setback terraces will help reduce the scale of the building mass along the streetscape. The roof plan requires exit stairs and elevator tower which is 5' tall. Toya said he tried to stitch the building together as much as possible and to have attractive retail space. Toy showed the proposed restoration to the Benton building and showed the original fagade and that they are using old photographs to aid in the restoration. Toya showed the proposed materials for the project. Toya showed the 40' cornice line. 9 Regular Meeting Aspen City Council February 13,2012 Clauson noted as part of the streetscape, they have designed a feature at the entrance to the Benton building, a recess, seating and a Benton graphic design embedded in the ground. Clauson said the square footage of the Benton building is going from 5000 to 3200 square feet. Clauson said they feel this seating arrangement is a good way to draw people to the store windows. Clauson outlined 7 design objectives for the commercial core and this project touches on all 7 of those objectives including contributing to the streetscape and increasing the viability of retail in the spaces. Clauson said the city benefits from AspenModern by voluntary designation of two properties, restoration of the Benton facade, development of a mixed use building on a parking lot, an affordable restaurant deed restriction for the Little Annie's property and an offsite affordable housing unit. Clauson said the applicant's request is a larger residential unit and residential floor area. Clauson said there may not be awareness in the community that AspenModern is set up as a negotiating process and is part of the land use code. Clauson pointed out the original application for this site had underground parking and onsite affordable housing to meet all the housing requirements; the development took up the entire 5 lot property. After taking away the two historic properties from the development, the project became constrained. Clauson said the redevelopment was in response to community sentiment that they wanted to see Little Annie's and the Benton building preserved. Councilman Torre asked what affordable housing was provided onsite in the original application. Clauson said 12 FTEs were mitigated for on site. Councilman Torre noted this proposal is mitigating for 9 FTEs, Councilman Torre said he would like to see the corner softened more than it is. Toya noted his earlier design had a softened corner; however, when they went through HPC,HPC requested the corner be as a design to anchor the project. Councilman Johnson asked the height of some adjacent buildings. Ms. Adams said 520 Cooper is 41'5", Boogies is 37', Independence Square is 42', Elks building is 48'. The applicants showed the building in the city's sketch up program. Clauson noted the project conforms to code in terms of height and overall floor area; it is no greater in density than some other buildings in the commercial core. Clauson reminded Council the building occupies 3 lots. Bendon said some of the mass from the Little Annie's and Benton building has been pushed to the new project. Councilman Torre said a historic task force of about two dozen members spent about 18 months discussing the direction of post WWII historic preservation in Aspen. The committee recommended involuntary designation; however, Council favored a negotiation process. Councilman Torre said the code is not protective of post WWII properties. Councilman Torre said in August 5th a demolition permit for Little Annie's/Benton was applied for. September 2151 HPC approved demolition of Little Annie's and denied demolition of the Benton building. September 26th Council requested a call up of that HPC decision. October 5`h the applicant appealed HPC's jurisdiction ruling over demolition of the Benton properties. November 2 nd � Council considered the call up and the appeal and also requested verbatim of HPC meetings and the hearing was continued to November 28th. Councilman Torre stated he volunteered to be one of the negotiators with the applicant. During that time, the applicant decided to enter into a negotiation process with the city. December 141h HPC supported designation for Little Annie's and the Benton building. Councilman Torre said Little Annie's building is a one-story element in downtown Aspen right next to the Benton building allowing residents and visitors to see where Aspen came from. 10 Regular Meetine Aspen City Council February 13,2012 Councilman Torre showed rendition of the AspenModern proposal and the original proposal and what might happen if the project were litigated. Councilman Torre noted there is little difference in appearance of the AspenModern proposal and the original proposal; however, as an advocate for preservation, he leans toward the AspenModern proposal. Councilman Torre pointed out the original application mitigated for 12 FTEs; this proposal mitigates for 9 FTEs. Councilman Torre said the applicant has a chance to soften the edges or the corner of the building. Councilman Frisch said the negotiating team has done a lot of work. Councilman Frisch presented a streetscape outcomes broken down into the 3 areas and 3 possible outcomes, Aspen wins lawsuit; Aspen loses lawsuit; negotiations. Councilman Frisch noted the majority of people are concerned about the streetscape. Councilman Frisch said there will be a large building on the corner whether the city wins, looses or comes up with a negotiated settlement. Councilman Frisch said the only way the Benton building will be designated historic is through voluntary designation,which includes $2 million towards the renovation of that building. Councilman Frisch said if the costs are greater than $2 million, the applicant will bear those costs; if it is less, the city will receive the money to use as they see fit. Councilman Frisch said the work on the Benton being has to be done before receiving a c/o on the project. Councilman Frisch said in the negotiated agreement Little Annie's is designated and stays a one story building. There is a commitment to a mid-priced restaurant in perpetuity. Councilman Frisch if the city were to win a law suit,the Benton building would not be demolished but not necessarily designated or renovated. Little Annie's may or may not be demolished, not designated and may have a 2nd or 3`d story addition and with no commitment to being a mid- priced restaurant. Councilman Frisch said he has argued for changes to the land use code for the past several years. Councilman Frisch said applications are coming in meeting code requirement;however,they are up to 20%more than the community wants. Councilman Frisch said he would prefer that Council control the destiny of this project and of the buildings on the site. Councilman Johnson asked if these building are worthy of historic designation. Ms. Adams said HPC voted 5 to 0 in favor of historic designation. Councilman Skadron said the most important aspect of this project for Council is the commercial portion; the architecture firm specializes in residential developments. Toya said they specialize in historic and contextual references as well. Mayor Ireland opened the public hearing. Rohn Fleming, general manager, Little Annie's,told Council he is proud of the number of years employees have been with the business. Some employees have been there over 20 years. Fleming said Little Annie's is like a family. Loretta DeRose, winter resident, said Council should get a moratorium going as soon as possible so that no more large development applications come in. Rob Ittner said vitality in the downtown is crucial;there should be a cohesive downtown. Ittner pointed out there are vacant buildings that do not add much to the atmosphere. Jim Morris said he is dismayed by the size of the building; it looks huge stuck on a corner. Morris said he is sad that the city finds itself in this crunch. Bob Grueter stated he is concerned about Aspen losing its post WWII architecture. Grueter said he supports this project because it preserves two post WWII buildings and it gets rid of an empty lot. Mark Pearson stated he strongly supports the negotiating process and is against the city 11 Re ular Meeting Aspen City Council February 13.2012 going into lawsuits. Pearson said he would like to see the negotiating process continue and to resolve a successful project to the benefit of the community and the developer. Ruth Kruger said she feels what is being waived for the developer outweighs the benefits. Ms. Kruger said besides the waiver of parking,there is the loss of the 15 parking spaces currently on site. Ms. Kruger said businesses will be impacted by the lack of parking and under parking the core is short sighted. Ms. Kruger said she would prefer to see the previous project. Ms. Kruger reiterated the cost of preserving two buildings is not worth the cost to the community. Ben Genshaft,representing Little Annie's LLC, said they are doing everything they can to keep Little Annie's there and the applicant has been supportive. Jane Merrill said the old look of Aspen is important to residents and visitors. If that look is eliminated, people will not come here; magic is important to the survival of the community. Bill Stirling said the issue is whether the trade offs are worth it, a question of landmarks versus free market residential. Stirling said this is the first AspenModern negotiation. Stirling said he has no objection to a significant contemporary statement in the context of this particular corner. The applicant is proposing to voluntarily designate two post WWII buildings. Stirling noted the community is made up of its characters, its character, its architecture style and great good places. Stirling said Little Annie's is one of the great good places. Aspen has already lost a lot of great good places and this should be preserved. Stirling said another payoff is keeping the exact scale of the Benton building. Stirling stated this compromise is in the long term best interest of Aspen. Junee Kirk stated as a member of the historic task force she favored involuntary designation of post WWII properties. Ms. Kirk stated she is not in favor of negotiations. Ms. Kirk pointed out this building does not follow the design guidelines; it does not vary the height every 30';the fronts do not go in and out. Large buildings are not supposed to be built on the south side of the street in order to keep views of the mountain open. Joan Lebach said the land use code has to change in order to keep roofs lower. Ms. Lebach stated it is important to preserve parking; it should be convenient for people to come and to spend money. Lindsay Smith said there is a development game in Aspen between applicants and citizens of the town. The city has a hole in its defenses. Ms. Smith said the second and third floor recess do not add to pedestrian experience. Ms. Smith stated she does not care about the interior of the building or whether it is 1 or 3 units but is concerned about what a building looks like on the outside. Ms. Smith said this building does not fit into the context of the neighborhood. Jim Smith said after projects are approved,the actual buildings changes and the city and community should watch out for that. Phyllis Bronson said business is spread thin with not a lot of thriving. Ms. Bronson asked how much more commercial space does this community need. Deborah Post said she is passionate about keeping things the way they are; she is also passionate about property rights. Ms. Post suggested the applicant be asked to go back to the drawing board and see what they can come up with to make it more traditional not another big square building. Ms. Adams entered into the record exhibit M, a-mails received about the project. Mayor Ireland closed the public hearing. Councilman Johnson asked if staff is comfortable that section 7 adequately addresses a moderately priced restaurant. Jim True, special counsel, noted that section gives guideline and must be approved by the city attorney. Councilman Johnson asked about committing to keeping the restaurant open,to keeping a tenant in the space,not leaving it dark. Hecht said he imagines 12 Regular Meeting Aspen City Council February 13,2012 someone will want to operate the space,he will commit to doing his best to find a tenant. _ Councilman Johnson asked about the commitment to the $2 million for the Benton building. True said the language has been reviewed and he is comfortable with the language. True noted work on the Benton building has to start first. Councilman Johnson asked whether these historic design guidelines were followed. Ms. Adams said the 30' modules and variations in height were brought up. Ms. Adams said staffs opinions is the 30 and 60' module articulation is being met with this design. Ms. Adams pointed HPC felt there is height variation and pointed out on the drawings how this variation occurs. Ms. Adams noted the highest point of the Benton building is 38.5' and the guidelines state there should be 2' height variation and the new building is 41' at the parapet. Councilman Johnson asked if there is room for more off-site affordable housing. Councilman Johnson said he is pleased a deed restriction on a moderate priced restaurant in the Little Annie's space was offered. Councilman Johnson said he would like to see if there are minor modifications that could open up the corner design. Councilman Skadron stated maintaining the restaurant is not a threshold issue for him. Councilman Skadron said he is sensitive to the reach of government in trying to improve what the market returns to the city. Councilman Skadron stated this application makes more sense than navigating the unknown; part of contemporary vision is responding to community input. Councilman Skadron asked if there might be ways to improve the design of the building to satisfy some concerns heard at this meeting. Toya said most of the comments negative to the project are about massing and scale,these are necessary to contain the program within the building. Further articulating the building and some of its components can be taken up with HPC for final design approval. Toya reiterated the applicants were instructed by HPC to build up to the corner. Clauson noted the building meets all code requirements for height and floor area and the program is part of the negotiated settlement. There is off-site affordable housing,there is investment in the Benton building, as well as the retention of two historic buildings which allow less development than would be allowed. Hecht noted the design is an attempt to fit allowed square footage on 3 lots instead of 5 lots. Councilman Skadron said he does not think the height of this structure lends itself to a vital streetscape. Clauson said it will be an active retail environment; there will be people coming and going to add to vitality. Councilman Torre said he would like to know the location of the rooftop mechanicals and how far they are set back, are they shielded, can they be clustered. Toya said they applicants made an effort to recess the elevator and stair cores as far back as possible; they are 30' back from each street fagade. Clauson said the height stems from the ceiling heights so that those meet that of the existing historic buildings. Councilman Torre said he would prefer to see the corner softened. Councilman Torre said his biggest objection is the free market unit of over 6000 square feet and the second biggest concern is the massing of the building and he would appreciate any softening of the structure. Councilman Frisch said this is an opportunity to save and to fix up two buildings that wouldn't otherwise exist. Mayor Ireland noted staff said this is a historic structure; HPC said it is not historic. Council should decide whether the building is historic or not and if it is not, why pay ransom to preserve something that is not historic. The buildings are in a historic distract and they are protectable as part of a historic district. Mayor Ireland said if Council does not think this is historic,why raid 13 Reeular Meeting Aspen City Council February 13,2012 the affordable housing fund by allowing cash-in-lieu and mitigation for 9 FTEs. Mayor Ireland said one of the benefits of declaring this is historic is giving the citizens reasons to have confidence in the land use code and that it has consequences. Mayor Ireland said the economy allows Aspen to be a real estate speculation especially for free market residences. Mayor Ireland said the only concession left through this negotiation is for a very large free market residence. One of the unintended consequences of infill has been the transformation of the downtown from commercial to residential development. Mayor Ireland stated what separates Aspen from other places is that Aspen is a real community and still has an occupied downtown and affordable housing. Mayor Ireland said the mitigation for affordable housing seems to be about 12%of the employees that will be generated by this project. Mayor Ireland said the city needs to change the land use code, limiting penthouses in the commercial districts, by bringing down the scale to 28 to 34',by emphasizing community development, locally serving businesses. Mayor Ireland asked if the housing authority commented on t his proposed mitigation. Ms. Adams said it is in the packet as an exhibit. Ms. Adams suggested language in Section 3 be clarified regarding the$2 million restoration fund and amending Section 7 that the applicant will make reasonable good faith effort to find tenants for the restaurant. Councilman Torre agreed Council needs to move forward with land use code changes, which are long overdue. Councilman Torre said his decision in this case is based on preserving jobs, creating vitality and preserving some history in Aspen. Councilman Torre moved to adopt Ordinance#5, Series of 2012, on second reading including amendments to Section 3(6)"applicant shall restore Benton to original appearance if restoration is less than$2 million,the remainder of the funds go to the city for historic preservation efforts and Section 7,the applicant will make a reasonable good faith effort to find a tenant fob the moderately priced restaurant space"; seconded by Councilman Frisch. Councilman Skadron said he would like to see further modifications to the building to make it more sensitive to the community. Councilman Skadron said he can approve it conceptually; approving this makes more sense than navigating the unknown. Councilman Skadron said Council needs to protect changes that are detrimental to the historic character. Councilman Torre said the program for the building is driving the footprint. Councilman Torre said he supports malting the building more sensitive. Councilman Skadron stated he would forego the restaurant use in the Little Annie building for a smaller overall building. Councilman Johnson said his concern is if the Little Annie use is not preserved in a deed restriction,the rents on the space will go up and a locally serving business will not be able to survive. Councilman Johnson stated he likes the one-story building and the moderately priced restaurant. Councilman Johnson agreed what sets Aspen apart as a community is the affordable housing. Councilman Johnson said this is an AspenModern negotiation;the community gets a restored Benton building and a moderately priced restaurant, a preserved one-story element and a large mixed use building which is the trade off. This development could have been a large building across all 5 lots. Mayor Ireland moved to amend the ordinance to require mitigation for 25 employees. Motion DIES for lack of a second. 14 r' STAN CLAUSON ASSOCIATES INC landscape architecture. planning. resort design 412 North Mill Street Aspen, Colorado 81611 t.970/925-2323 f.970/920-1628 info @scaplanning.com www.scaplanning.com 22 March 2012 Ms.Sara Adams Senior Planner, City of Aspen 130 S. Galena Street, 3rd Floor Aspen, CO 81611 Re: Aspen Core /Supplemental Submission Dear Sara: On behalf of our client, Aspen Core Ventures, LLC, please accept ten (10) sets of 1 1 x17 and four (4) sets of 24x36 of revised architectural plans and renderings. We also attached ten (10) sets of l 1x17 of the lighting plan with fixture cutsheets. These materials are intended to supplement the application for Final Major Development and Final Commercial Design Standard Review we provided to you on 16 March 2012. In addition to correcting some labeling issues, the revised architectural plans and renderings provide the following modifications: • The projecting rooflets over the upper story windows on the Aspen Core building have been replaced with glazed terra cotta headers; • The siding of the "modern" module of the Aspen Core building has been changed to all glazed battens; • Third floor spandrels are now glazed battens; • The first floor storefront and steel colors have been switched- red steel columns/headers with inset black window frames. This modification is intended to bolsters the perceived height of the storefronts. Please do not hesitate to contact us with any questions. Very truly yours, A Patrick S. Rawley, AICP STAN CLAUSON ASSOCIATES, INC. Attachment cc: Nikos Hecht Andy Hecht, Esq. Stan Clauson i Final Major Development and Final Commercial Design Standard Review "Aspen Core," a mixed use commercial and residential development featuring commercial and office space and two (2) free-market residential units. Aspen Core Ventures, LLC 16 March 2012 Location: • Hyman Ave.and Hunter St.—Block 95, Lot G, H, and I (PID: 2737-182-24-004) • 521 E. Hyman Ave.-Block 95, Lot F (PID:2737-182-54-001 and 2737-182-54-002) • 517 E. Hyman Ave.-Block 95, Lot E (PID: 2737-182-24-002) I _ .! - HYMAN AVENUE PERSPECTIVE An application for Major Development Final Review for Historic Landmark and Final Commercial Design Review within the Commercial Core (CC) historic district. Re resented By: i STAN CLAUSON ASSOCIATES landscape architecture.planning.resort design 412 North Mill Street Aspen.Colorado Wit t.9701925-2323 f.970/920-1628 Inro0scaplanning.com www.scaplanning.com TABLE OF CONTENTS • Land Use Application Form • Dimensional Requirements Form • Agreement for Payment of City of Aspen Development Application Fees • Project Overview and Narrative • Attachment 1 -Vicinity Map • Attachment 2- Existing Conditions Surveys • Attachment 3-Architectural Plans & Renderings • Attachment 4- Previous Approval • Attachment 5 - Proof of Ownership • Attachment 6 - Letter of Authorization • Attachment 7- Parcel Descriptions • Attachment 8-Adjacent Property Owners • Attachment 9- Pre-Application Conference Summary Aspen Core Aspen Core Ventures, LLC Final Major Development and Final Commercial Design Standard Review 16 March 2072 RECEIVED ATTACHMENT 2—LAND USE APPLICATION MAR 16 2012 PROJECT: T ASPEN Name: Final Commercial Design Review and Final Major Development C0MWIN!'l' 0EVEL(}PMEW Location: vacant corner parcel at Hunter St. and Hyman Ave., 521 E. Hyman Avenue, and 517 E. Hyman Ave. (Indicate street address,lot&block number, legal description where appropriate) Parcel ID#(REQUIRED) 273718224004 corner parcel), 273718254001 521 E. Hyman),and 273718224002 517 E. H man APPLICANT` Name: Aspen Core Ventures, LLC Address: c/o Andrew V. Hecht, Esq.,Garfield&Hecht, PC, 601 East Hyman Avenue,Aspen, CO 81611 Phone#: 970-925-1936 REPRESENTATIVE: Name: Stan Clauson,AICP,ASLA, Stan Clauson Associates, Inc. Address: 412 N. Mill Street,Aspen, CO 81611 Phone#: 970-925-2323 TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD(&PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA-8040 Greenline,Stream ❑ Subdivision Exemption(includes ❑ Final SPA(&SPA Margin,Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ❑X Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adiustment ❑ Other: ❑ Conditional Use EXISTING CONDITIONS: (description of existing buildings,uses,previous approvals,etc.) The corner of Hunter and Hyman is currently a vacant commercial lot being used as a parking lot,521 E. Hyman contains a partially occupied commercial building commonly known as the Benton Building,and 517 E. Hyman contains a commercial building which house the Little Annie's Eating House restaurant. PROPOSAL; (description of gro osed buildings,uses,modifications,etc.) Historic LandmarK Designation, bubdivision, Urowth Management Review, Conceptual Commercial Design Review, Benefits Through the AspenModern Program, and a Site Specific Development Plan were approved pursuant to Ordinance#15, Series of 2012. The approved dimensional requirements are for 33,005 sq.ft. of allowable floor area in a mixed-use commerical/residential building. Have you attached the following? FEEsDUE:$ 2,940 ❑X Pre-Application Conference Summary FX] Attachment#1,Signed Fee Agreement Q Response to Attachment#3,Dimensional Requirements Form ❑ Response to Attachment#4,Submittal Requirements-Including Written Responses to Review Standards ❑X 3-D Model for large project All plans that are larger than 8.5"X 11"must be folded. A disk with an electric copy of all written text (Microsoft Word Format)must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Aspen Core Applicant: Aspen Core Ventures, LLC Location: corner parcel at Hunter St. and Hyman Ave., 517 E. Hyman Ave., and 521 E. Hyman Ave. Zone District: Commercial Core(CC) Lot Size: 9,000 sq. ft. + 3,000 sq. ft. +3,000 sq. ft. = 15,000 sq. ft. Lot Area: 15,000 sq. ft. (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes.Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: 7,505 sq. ft. Proposed: 21,973 sq. ft. Number of residential units: Existing: 0 Proposed: 2 Number of bedrooms: Existing: 0 Proposed: 4-6 TBD Proposed% of demolition (Historic properties only): 0 DIMENSIONS: Floor Area: Existing:7,505 sq.ft.Allowable: 33,005 sq. ft.Proposed.• 31,270 sq. ft. Principal bldg. height: Existing: 32' Allowable: 42' Proposed: 41' Access. bldg. height: Existing: Allowable: Proposed: On-Site parking: Existing: 26 Required: Proposed. 3 % Site coverage: Existing: 100% Required: Proposed: 97% % Open Space: Existing: 0 Required.• 3,750 sq. ft.- Proposed.• 405 sq. ft. + off-site Front Setback: Existing: Required: n/a Proposed: Rear Setback: Existing: Required: n/a Proposed: Combined F/R: Existing: Required: n/a Proposed: Side Setback: Existing: Required.• n/a Proposed: Side Setback: Existing: Required: n/a Proposed: Combined Sides: Existing: Required. n/a Proposed: Distance Between Existing Required: n/a Proposed: Buildings Existing non-conformities or encroachments: None. Variations requested: None requested. Approval granted through AspenModern negotiations.. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Dees CITY OF ASPEN (hereinatter CITY)and Aspen Core Ventures, LLC RJECEIV D (hereinafter APPLICANT) AGREE AS FOLLOWS: 6 � A HR 1 2012 1. APPLICANT has submitted to CITY an application for CITY fit; ASPEN Final Major Development and Final Commercial Design Standard n„��,.,.r FPS E,C,O E tx (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure tier Land Use applications and the payment of all processing fees is a condition precedent to a determination of application conhp[etc ness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this tinhe to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees lie will be beliefited by retaining greener cash liquidity and will make additional payments upon notification by the CITY when they are necessary its casts are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to tike Historic Preservation Commission, Planning and Zoning Commission and/or City Council, to enable the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to shake legally required findings for project consideration, unless current billings are paid in hill prior to decision. 5. Therel'bre, APPLICANT agrees that in consideration of tine crry,s waiver of its tight to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amotmt of$ 2,940 which is for 12 Hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of S245.00 per planner hour over the initial deposit. Such periodic payments shall benhade within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for susheihsion of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT Bye: By,: Chris Bendon Nikos Hecht, Managing Member Community. Development Director Date: 3/16/12 Billing Address and Telephone Number: c/o Garfield & Hecht, PC, attn:Andrew V. Hecht, Esq. 601 East Hyman Avenue Aspen, CO 81611 PROJECT OVERVIEW This application is submitted for Final Major Development and Final Commercial Design Review for a mixed use development on three parcels extending west from the corner of Hunter and Hyman Streets in the Commercial Core (CC) zone district of the City of Aspen, Colorado. The project has received Historic Landmark Designation,Subdivision, Growth Management Review, Conceptual Commercial Design Review, benefits through the AspenModern program,and a Site Specific Development Plan approval by Ordinance #5,Series 2012. In this context, this final review represents a consideration of materials selection and design elements that is consistent with these prior approvals. This project will revitalize an under-utilized area of the Commercial Core, currently containing a private parking facility and the Benton Building which has had great difficulty in finding tenants. The parking lot itself has often been the poster site for needed redevelopment in the commercial core. The applicant has committed to provide a significant restoration and remodeling of the Benton Building,which restore of the fagade to its original appearance. Hunter Street,which terminates at the Aspen Mountain Gondola Plaza, has long lacked any continuity of shopping and pedestrian activity that its strategic location would logically support. Hyman Avenue,with its future potential as leading to the relocated Aspen Art Museum, also lacks continuity of pedestrian interest. The applicant has committed to filling these gaps in continuity by providing a Pedestrian Plan which will feature a mid-block pedestrian amenity and street trees utilizing the Parks Department enhanced planting methods. The project will generate vitality for the Hyman Avenue and Hunter Street corridors,while introducing potential new shopping, dining, and living opportunities into the heart of Aspen. The elimination of the existing curb cut for the private parking facility will decrease congestion, and all services and loading will be provided from the existing alley. The development is organized into three modules: • a three-story module on the corner of Hyman Avenue and Hunter Street containing commercial and free-market residential (the "Aspen Core Building"); • the restored and remodeled Benton Building; and • the preserved building currently housing the Little Annie's Eating House (the "Restaurant Site"). The Aspen Core Building will feature commercial facilities on the subgrade, first, and second levels,with free-market residential on the second and third level. The roof deck will be available to the residential units and incorporate a pool,spa, fireplace, and other furnishings typical of a residential deck. The Benton Building will be restored to accommodate commercial and office use. The Restaurant Site will be maintained as an affordable restaurant property. EXISTING CONDITIONS The three subject parcels consist of a 9,000 sq. ft.vacant parcel located at the corner of the Hunter Street and Hyman Avenue currently used as a parking lot, a 3,000 sq.ft. parcel containing the a three-story building known as the Benton Building, and a 3,000 sq. ft. parcel containing the single-story Restaurant Site building. The Benton Building contains 5,045 sq. ft.of existing net leasable space and the Little Annie's building consists of 2,460 sq. ft. of existing net leasable. The Benton Building has been recently used for various temporary commercial uses, but has been largely been unoccupied in recent years. A 2004 renovation to the ground floor of the building to create a storefront in place of the former tavern use was unsuccessful in Aspen Core Aspen Core Ventures,LLC Page i Final Major Development and Final Commercial Design Standard Review 16 March 2012 attracting tenants. The building has a quirky and inefficient layout which has hampered its commercial viability. The Restaurant Site building contains a restaurant and bar in a one-story building. The next adjacent properties, not a part of this application,contain a contemporary addition to the historic Ute City Bank building and the Ute City Bank historic structure occupying the corner of Hyman Avenue and Galena Street. APPROVED DEVELOPMENT The applicant has received approval to develop these three parcels as a unified project x spanning a single 15,000 sq. ft. parcel. The plan for the newly created parcel will lend itself to sustainable design and construction techniques, minimize construction activity in the neighborhood, and ensure that the project will appropriately respond to existing site conditions. The development has been thoughtfully designed to incorporate a varied, human scale facade. The design alternates between three-story and one-story elements, thus breaking up the perceived mass of the building and reflecting existing conditions in the commercial core. Large display windows characterize the first floor, with a traditional hierarchy of floor stature being employed. The architecture will respond to and enhance the existing architecture, particularly the horizontal character of the Benton Building, and streetscape conditions found on the adjacent properties while presenting a unique and contemporary design. The maximum height of the building is approved at 41 feet at the corner element,with required stair and elevator utilities extending to a code complaint 51 feet. Both the Hyman Avenue and Hunter Street fagades employ alternating setbacks and recessed entryways which vary the real and perceived mass of the building,creating a comfortable pedestrian experience. The key elevations of the Aspen Core building honor the restored facade of the Benton Building by tapering to meet the Benton Building and looking to the Benton Building for materiality influences. A public amenity space in front of the Benton Building utilizes a paving plan that pays homage to Tom Benton's designs. RESPONSIVNESS TO FINAL REVIEW DESIGN GUIDELINES Building Design and Articulation The special character of the Commercial Core relies upon intimate human scale and a variation in building height, massing, design, architectural detail and materials. To define and animate the scale and character of the street facade,various materials and building elements have been woven vertically and horizontally throughout building. These are illustrated in the accompanying drawings. The Aspen Core building has incorporated articulation which mirrors traditional lot width. This enables the Aspen Core building to be successfully integrated into the current context of the Commercial Core. The Aspen Core building maintains a strong street wall and corner, has IVA incorporated varied heights,responds to thirty-foot modules along Hyman Avenue, and incorporates a reduction of building height at the alley (Guideline 6.35). PO Repetition of Facade Elements Patterns are created along the street by the repetition of similarly-sized building elements. Through the consistent use of materials and window proportions within varied building components, the Aspen Core building represents a composition that provides areas of light and dark through the creation of shadow lines, solids and voids through the use of glazing and Aspen Core Aspen Core Ventures, LLC Page 2 Final Major Development and Final Commercial Design Standard Review 16 March 2012 fagade treatments, and rough and smooth surfaces through materials. Upper story windows have a vertical emphasis, and are generally twice as tall as they are wide (Guideline 6.40). Alignment of Horizontal Elements The alignment of horizontal features on the building's facades exemplifies one of the strongest characteristics of the streetscape in the Commercial Core District. The Aspen Core building utilizes various building masses which share common datum lines,such as window heights, continuous glazed sills,cornices, and parapets. Key alignments with the Benton Building with ground floor soffits and upper story windows (Guideline 6.42). Floor Stature The architectural proportion of the street fagade is an established characteristic of both traditional and successful urban form and the current character of the Commercial Core. The Aspen Core building features first floors that are predominately fixed plate glass with a small proportion of opaque materials. The upper floors of the Aspen Core building are the reverse with opaque materials more prevalent and windows appearing as smaller openings puncturing the solid wall. In keeping with traditional and successful urban form, the relative proportion of upper stories has been reduced and demarked by contrasting horizontal glazed sills and cornice (Guideline 6.44). First Floor Character Visual vitality and interests associated with street level retail are important hallmarks of the Commercial Core district. Through the increased height of the first floor,which has been reinforced by spandrel and base color variation, visual vitality and interest is concentrated at the street level (Guideline 6.47). All retail entrances will be ADA compliant and located at sidewalk level (Guideline 6.48). The storefront system consists of window and recessed doorway modules that can be varied and reorganized in response to market demand for varying store sizes. Over 60%of the exterior street fagade is glazed (Guidelines 6.50). Storefronts are varied and entrances recessed (Guideline 6.51). All windows are of vertical proportion, including horizontal groupings of windows intended to resonate with the character of the Benton fa(;ade) and designed to reflect the architectural hierarchy and articulation inherent in the composition of the street fagade (Guideline 6.38). Traditionally perceived wall/window proportions have been maintained through wall and rainscreen articulation. The traditional storefront is an essential feature of the attractive and vibrant commercial center. With a 14' first floor story which features a steel header above storefronts at 12'-2", the Aspen Core first story reflects the basic elements and proportions of storefront design (Guideline 6.52). Materials The materials employed in the Aspen Core building are consistent with the Commercial Core of Aspen. Historically, high quality brick and natural stone have been used for prominent commercial and civic buildings and the material palette of the Aspen Core building continues this tradition. A range of fagade materials has been utilized in the Aspen Core project which reduces the apparent scale of the building while also honoring the historically designated Benton Building's horizontal character. Use of the terra cotta rain screen material utilizes a durable material (Guideline 6.59) which has been tested in similar climates (Guideline 6.60), and which features a Aspen Core Aspen Core Ventures, LLC Page 3 Final Major Development and Final Commercial Design Standard Review 16 March 2012 horizontal character which emulates the cedar plank and board &batten siding of Benton building (Guideline 6.60). Additionally, the terra cotta rain screen utilizes the some base material , as brick buildings of other historic district (Guideline 6.61). The materials are of the highest quality in durability and finish, are detailed to convey a human scale, and are very compatible with the traditional masonry palette (Guideline 6.63). A zinc siding has been utilized on portions of the third floor which have been set back from the street fagade which creates a more subdued appearance than the primary fagade featuring the use of terra cotta (Guideline 6.64). Roofscape Specific attention has been paid to the creation of a varied and interesting roofscape. Consolidation of stair/elevator/mechanical enclosures toward the center and back of the lot has been provided to reduce perceived scale from street (Guideline 6.58). Areas of green roof are proposed for unutilized roof areas with varied setbacks adding interest and sun angle penetration at street level. Roof deck areas will incorporate a pool, spa,fireplace,and other furnishings typically found on roof decks. REQUESTED APPROVAL The applicant has entered into significant negotiations with the City of Aspen, resulting in a project approval that revitalizes a significant area of the Commercial Core and preserves two , structures deemed to be important to community Character. As the final step in this process, the applicant requests final design approval for the design presented here,which is consistent with the Conceptual Approval and all other approvals as previously granted. The modular storefront system as shown in the attached drawings represents a possible disposition of store window and recessed entry elements. However, the applicant requests that alternative arrangements of these modular elements can occur with minimal administrative review in response to market leasing opportunities that may call for varying store sizes. CA Aspen Core Aspen Core Ventures, LLC Page 4 Final Major Development and Final Commercial Design Standard Review 16 March 2012 Attachment 1 1 Legend ; C,tias a towns '•�,r fr -'� � ¢ "tis UGS Addresses Trails f•i rJ� E PLS TR PLS TR_SEC `s/ �ff ••-«� p 517, Airport —�_ ' Major Roads Roads rh r T �i Eaglo and Garfield CO �J r° I Roads r VJ'A _ O Edge of Pavement Aspen Edge of Pavemo nl Pitkin --� ' ~'°`• I _ Drives - e I f - �! Riven 6 Streams C 1(tt �"�• I Subdivisions {rLr �• ? i - I EAstructures �- �3 Condos v t 516, +� Parcels .54 � ��' It i 1 1 + �•+' 700ft Topo n Wkes6Ponds -_.}_ Federal Lands LCCCC....., ;;.4I1 3 E _ I � STAIEOf CO l 541* •----. E Nyman - _,f)7 .�J_ Aver ---- �--_L Ue CO "--�—_ I -7 R I _ x,1,5 I`, 31`�`t �,` _ :�t �� •�,, it , �~ , X _ 11 co till" J- t-'-'�•'�.�X1'D �r — ' -- ..A. -- n���- r rf,l Coo Subject Parcels ' Aspen Core Conceptual Commercial Design Review Vicinity Map Attachment 2 LEGEND AND NOTES O PREVIOUSLY FOUND OR SET SURVEY MONUMENT 0' STREET LIGHT 0 UTILITY BOX 0 10 20 D SURVEY CONTROL ONE F00T CONTOURS 929 NVGD TITLE NFORMATION FURNISHED BY: FIDELITY NATIONAL TITLE INSURANCE COMPANY COMMITMENT NUMBER 7015 DATED: SEPTEMBER 17,,20 BEARINGS BASED ON THE SOUTHEAST CORNER OF BLOCK 94 (9184) AND THE SOUTHWEST CORNER OF LOT P, BLOCK 94 1161291 IN 71-09 11 W1 SPOT ELEVATION p D R .O.w NORTHWEST CORNER BLOCK 95 LS 28643 HORIZONTAL CONTROL S JrOy'll'F 160.SJ S JS-pD'll F UNTPAyED ARE4 ?Jp B6 UN(p BOCK Oc CURB . Roos 11.31.4 — 4yED APE4 / S s09'!/. CONC. 7R IS os F WALK � Po.?9' / zo ]9Ax.] GRATE/ 1 TRASH o VIBE/TBM]01X.1 I / VENT PARTY WALL AGREEMENT / BOOK 382 PAGE 866 r�pp G / VACANT LOT / AD = GRAVEL PARKING LOT RooF 70.11 1 Roos mn / j W CERTIFICATION I JOHN HOWORTH, HEREBY CERTIFY TO ASPEN CORE / c VENTURES LL C AND FIDELITY NATIONAL TITLE INSURANCE / ^ COMPANY CHAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED UNDER THE LAWS OF THE STATE OF COLORADO: THAT THIS PLAT IS / Vy TRUE CORRECT AND COMPLETE AS LAID OUT AND SHOWN ,G HEREEN: THAT THIS PLAT WAS MADE BY ME FROM AN ACCURATE SURVEY OF THE REAL PROPERTY PERFORMED BY ME OR UNDER MY DIRECT SUPERVISION IN NOVEMBER, 2010. THE LOCATION AND J• ELECTRIC AND COMMUNICAT101�3 DIMENSIOMS. L 111LDI NGS IMPROVEMENTS EASEMENTS, EASEMENT, BOOK 313 PAGE 2 5 RIGHTS., J ID NCE oA KNOWN TO ME AND ENCRUX EpLL���, THE REAL PROPERTY ARE RE THAT RRENENTS;. - ROVEMENTS SURVEYMPLAT AS SET FORTH ter' >RIP.e �]RI P.R / JgWF oRTM�g K9,41 JS•p9,1j W 90?9 7920 FDGC pF PAVFyENT Zy �p 20.2'RFC8D'OOH p YW l W. C� C l/ ��p�G J ]0.x0..0. 0.1 LDPNG IMPROVEMENT SURVEY IaR o OF (PARCEL THREE) LIT'" AND I, .LOCK 95,CITY AND TOWNSITE OF ASPEN COUNTY OF PITKIN, STATE OF COLORADO, AREA: 9,029 S.F.•/- PREPARED BY ASPEN SURVEY ENGINEERS, INC. 210 SOUTH GALENA STREET AR ON•MSSEORUPON ANY DEF—CT OX THIS 11TTRITMII.T.EC YEORSL 816 1 ASPEN, COLORADO AFTER U FIRST DISCOVER SULl1 EFECT IN NO E EM HA ANY CT ON PHONE/FAX 19701 925-3616 RASED UPON ANY DEFER IN THIS PUT RE COMMFNCED MORE THAN E IUTION WSNOYM XERE4N THE 11/10 T;. 32232 t^F'r"'A .dT t x..�v` -,7-_ .mss LEGEND ND NOTES O PREVIOUSLY FOUND OR SET RURYEY MONUMENT D. qq 0 STREET LIGHT 0 10 20 � �l,N ❑ UTILITY BOX 74.8C.RECOR-R'V)Li`_�� 4 SURVEY CONTROL p W (`/ TITLEFI DELRI TYTNAT I ONALI TITLLE INSURANCE COMPANY COMMITMENT NO. F229015 DATED: SEPTEMBER 17, 2010 BEARINGS BASED ON THE SOUTHEAST CORNER OF BLOCK 94 (9184) AND THE SOUTHWEST CORNER OF LOT P, BLOCK 94 (16 1291 (N 7S'09'II"W) WATER VALVE NORTHWEST CORNER RE�OCARLE ENCROAOMENf LIMNSE SEE ASEI JOB NO. 32232 FOR CONTROL BLOCK 95 LS 28643 FL PTIN No.51IRn HORIZONTAL CONTROL S .T. eNrnOAar�r A4RFBERT POSTED ADDRESS: "521" 75'pg.//,E PFCFlTIOH HO.uSRIY THE BUILDING, SIGNS,LIGHTS EXTEND INTO THE R.O.W.'S \ CONC. WALK BACK OF CURB W g UNPAV Bu ILDING ENCROACHES ° '7509' RECOR09•1l-E ED AREA OVER CORNER, 2376 E BLOCK 2j0 B 0./p.v.v LEAlp7Al R W BACK OF CURB � ° S S'OD•//.E CONC. WA / LK 90.79• a BUILDING ON PA 0.TY WALL AGREEMENT I / PROPERTY LINE•/- BOOK 382 PAGE 866 / +"d R_i 3 STORY VENT R B U I LIKING y / GRAVEL PARKING LIT / / QQ O / U CERTIFICATION 1 JOHN HOWORTM, HERE CERTIFY TO ASPEN CORE VENTURES LLC AND FIDEII BY TY NATIONAL TITLE INSURANCE COMPANY CHAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED n / UNDER THE LAWS OF THE STATE OF COLORADO: THAT THIS PLAT IS TRUE CORRECT AND COMPLETE AS LAID OUT AND SHOWN HRU 61,1 THAT THIS PLAT WAS MADE BY ME FROM AN ACCURATE SURVEY OF THE REAL PROPERTY PERFORMED BY ME OR UNDER MY DIRECT SUPERVISION IN NOVEMBER, 2010. THE LOCATION AND ELECTRIC AND COMMUNIGTIO DIMENSIONB OF All BUILDINGS IMPROVEMENTS EASEMENTS, ROOF ExtxonaES N/9091/W o EASEMENT BOOK 313 PAGE 251 / ENCROACi1F WAY IN Y ORIONNTHE REALOPROPERTY ARE / ACC ANO THAT THIS PLAT MEETS THE Jp/p G XFryR RE IMPROVEMENT SURVEY PLAT AS SIT FORTH .471 �AYyVEp ALLEY I `- T. g �,a d. 1fi a;0tv"a% f�J 47 ECO R. +1 J p9 1 W 90.7D. 'a:c�,'AU ,�pOryO0°\a`.. E0C'E OF PAV Ar 8�IL�I�G IMPROVEMENT SURVEY U I OF (PARCEL ONE) V 8. y�,r UNITS 1 AND 2 THE BENTON BUILDING CONDOMINIUM ACCORDING TO THE CONDOMINIUM EIR a-v�j NO 297074 AND ASODEFFINEDUAND DESCRflIBEDNBYLTHEECOONDOMI�NIUM DECLARAT RIONEFOROTHE BE TON BUILDING CONDOMINIUM RECORDED DECEMBER 18, 1987 IN BOOK 553 AT PAGE 375 AS RECEPTION NO. 295902. SITUATED ON : LOT F, BLOCK 95, CITY AND TOWNSITE OF ASPEN COUNTY OF PITKIN, STATE OF COLORADO. AREA: 3,010 S.F.•/- PREPARED BY ASPEN SURVEY ENGINEERS, INC. 210 SOUTH GALENA STREET ASPEN, COLORADO 81611 NOTICE:ACCOROINO TO COLWUDO LAW YOU MUST COMME-ANY LHAL PHONE/FAX (970)925-3816 ACT FFDIRST DIASCCOOVER S�UCIIOOENR.P INTN0I EVENTTMEYEMYAACTION DATE JOB Y Aftl FROM T GAETEE OF I THE aRTIPICATIOONN SHOWNDHEREON.THAN THE 11/10 0 3281 CERTIFICATION IS V01O IF HOT WET STAMPED WI TN THE SEAL OF THE SURVEYOR. °' LEGENu AND NOTES 0 10 20 O 1111101111 FOUND OR SET SURVEY MONUMENT Q STREET LIGHT 13 UTI LIT Y BOW G SURVEY CONTROL TITLE NFORMATION FURNISHED BY: F IDELITY NATIONAL TITLE INSURANCE COMPANY COMMITMENT NO. F229015 DATED: SEPTEMBER 17, 2010 • WATER VALVE D FENCE Tr � POSTED ADDRESS Z 74 BO' �+p� SEE OLD JOB NO. 2320 AND 32232A REC R 0 1C 4W �+ BUILDING, PLANTERS, LIGHTS SIGNS, ETC. ENCROACH INTO R.O.W.'S ORD .W BEARINGS BASED ON THE SOUTHWEST CORNER OF BLOCK 94 191641 AND THE SOUTHWEST CORNER OF LOT P BLOCK 94 (161291 (N 7509'11'W) NORTHWEST CORNER BLOCK 95 LS 28643 HORIZONTAL CONTROL s , o SK 110.36 AC Of CURB / CONC • WALK / R1 rnRD 237 R DUILO'NO OnO RT / 3"O9.rr•F N M1 / 30.10. 2376 S 7S, RFCOR09 1r'F BLOCK IEN�dd iN / / / WUTLDIxm S 7g°9 r(.F 120 9CONC. WALK R. WE / J A / r � o _ / j STORY / BUILDING ooY 'LITTLE ANNIE'S' / 9 / _ CERTIFICATION .4 / 1 JOHN HOWORTH, HEREBY CERTIFY TO ASPEN CORE VENTURES LLC AND FIDELITY NATIONAL TITLE INSURANC L E q O T E COMPANY NAT I AM A PROF SSIONAL LAND SURVEYOR LICENSED 1 / UNDER THE E LAWS OF THE STATE OF COLORADO: THAT THIS PLAT IS TRUE CORRECT AND COMPLETE AS LAID OUT AND SHOWN HER' THAT THIS PLAT WAS MADE BY ME FROM AN ACCURATE SURVEY OF THE REAL PROPERTY PERFORMED BY ME OR UNDER MY / DIRECT SUPERVISION IN NOVEMBER, 2010. THE LOCATION AND DIMENSIONS OF ALL BUILDINGS IMPROVEMENTS EASEMENTS, 0.1GHT5 Of WA IN EVIDENfE OA KNOWN TO ME AND E.It.HMEMT PR,.ON THE REAL PROPERTY ARE / ACCURATEL 5N°WMp'�fN-TPIAT THIS PLAT MEETS THE t RE�OUIRa AF.'ANak� OYEMENT SURVEY PLAT AS SET FORTH I &C JOHN} a RSM J 2544 dprcr aurLRrAW R / u o N�9011Ir1 W 30 0 / ROB n l l Id �DN ` / A`I<Dr� AZZ XfA1R l 20.2.Rf.R� T ® W. � L. PAYFO 95 fD(,F OF PAVEMENT IMPROVEMENT SURVEY OF (PARCEL TWO) LOT E. BLOCK 95, CITY AND TOYINSITE OF ASPEN COUNTY OF PITKIN, STATE OF COLORADO. AREA: 3,010 S.F.•/- PREPARED BY ASPEN SURVEY ENGINEERS, INC. 210 SOUTH GALENA STREET NOTIM-SAC CWDINO TO COLORADO LAW YOU MUST C°pEHGE ANY LEGAL ACTON! SED UPON ANY DETECT ON THE PLAT WITHIN THREE YEARS ASPEN, COLORADO 41611 BASRD UPONF IA''TDEFECOTY IN�N SIS PLAT 06 IN Ctl ENCED NOp2 TI3WI TRO" PHONE/FA% 19701 925-3816 RRTIFfU1i I W 18AVOiDPIFHNOTEWETl%—TTFE�IONO IN NNEEREEOAI.THE THE OF SURVEYOR. DATE JOB II 110 15214 f .... _ Attachment 4 RECEPTION#:686790,02117/2012 at 10:34:13 AM, 1 OF 24, R $126.00 Doe Code ORDINANCE Janice K.Vos Caudill,Pitkin County,CO ORDINANCE#5 (Series of 2012) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO, APPROVING HISTORIC LANDMARK DESIGNATION,SUBDIVISION,GROWTH MANAGEMENT REVIEW,CONCEPTUAL COMMERCIAL DESIGN REVIEW, BENEFITS THROUGH THE ASPENMODERN PROGRAM,AND A SITE SPECIFIC DEVELOPMENT PLAN FOR THE PROPERTIES LOCATED AT 517 EAST HYMAN AVENUE,521 EAST HYMAN AVENUE,AND THE PARKING LOT ON THE CORNER OF HUNTER AND HYMAN STREETS,LEGALLY DESCRIBED AS LOTS E-I, BLOCK 95, INCLUDING UNITS 1,2 AND THE COMMON AREA OF THE BENTON BUILDING CONDOMIUMUMS,CITY AND TOWNSITE OF ASPEN,COLORADO PARCEL ID NUMBERS: 2737-182-54-001 2737-182-54-002 2737-182-54-800 2737-182-24-002 2737-182-24-004 WHEREAS,the applicant, Aspen Core Ventures, LLC,represented by Stan Clauson Associates, Inc., submitted an application, pursuant to Section 26.415.025(C), AspenModern Properties, of the Aspen Municipal Code, to voluntarily participate in the AspenModern ninety-day negotiation period for the properties located at 517 East Hyman Avenue (Lot E, Block 95) (the "Little Annie's Building"), 521 East Hyman Avenue (Units 1 and 2 of the Benton Building Condominium, aka Lot F, Block 95) (the "Benton Building") and the parking lot located at the southwest corner of Hunter an d Hyman Streets(Lots G,H and I Block 95); and WHEREAS, the subject properties are located within the designated boundaries of the Commercial Core Historic District as described in City Council Ordinance number 49, series of 1974;and WHEREAS, the applicant submitted a letter dated November 29, 2011 requesting that the City and the applicant negotiate the possible voluntary designation of the Little Annie's and Benton Buildings to add them as individual landmarks to the Aspen Inventory of Historic Landmark Sites and Structures in exchange for specific benefits through the AspenModern program;and WHEREAS, pursuant to §26.415.025.C(1), the , ninety-day AspenModern negotiation commenced on November 29,2011;and WHEREAS, §26.415.025.C(1)(b) states that, during the negotiation period, "the Community Development Director shall confer with the Historic Preservation Commission, during a public meeting, regarding the proposed building permit and the nature of the property. The property owner shall be provided notice of this meeting;"and 517 and 521 E. Hyman Avenue Ordinance#5, Series of 2012 Page 1 of 15 W WHEREAS, the property owners' representative met with the Historic Preservation Commission(the HPC)on December 7,2011,and December 14,2011;and WHEREAS, at their regular meeting on December 14, 2011, the HPC considered the application; found that 517 E. Hyman Avenue was a"best"example of Rustic style; and that 521 E. Hyman was a "better" example of Organic/Wrightian style; evaluated the designation and proposed development; and, found that the policy objectives for the historic preservation program stated at §26.415.010, Purpose and Intent are met, and recommended City Council ("Council') approval of Historic Landmark Designation, Conceptual Commercial Design Review and requested benefits and fee waivers as stated in HPC Resolution numbered 16, 17 and 18, Series of 2011; and WHEREAS, §26.415.025.C(1)(d), states that, during the negotiation period, "Council may negotiate directly with the property owner or may choose to direct the Community Development Director, or other City staff as necessary, to negotiate with the property owner to reach a mutually acceptable agreement for the designation of the property";and ' WHEREAS, the property owner's representative met with City Council during their regular meeting on January 9, 2012 at which time City Council voted four to one to negotiate for landmark designation and appointed two City Council representatives to meet directly with the property owner regarding the negotiations;and WHEREAS, the two City Council representatives appointed by City Council met with the property owner and Community Development Staff regarding negotiations; and WHEREAS,the property owner, the Community Development Director, City staff, and the two City Council representatives designated by City Council to negotiate with the property owner have directed City staff to prepare an ordinance containing the terms of a proposed mutually acceptable agreement for the designation of the properties for approval or disapproval pursuant to §26.415.030D(4); and WHEREAS, §26.415.025.C(1)d establishes that "as part of the mutually acceptable agreement, the City Council may, at its sole discretion, approve any land use entitlement or fee waiver permitted by the Municipal Code and may award any approval that is assigned to another Board or Commission, including variations;"and WHEREAS, the property owner requests voluntary Landmark Designation - §26.415.030(C), ` AspenModern; Subdivision review- §26.480.040(C)Subdivisions; Growth Management review- §26.470.070(1); Enlargement of an historic landmark for commercial, lodge or mixed use development; Certificate of Appropriateness for Major Development Conceptual - §26.415.070(D)(3); Conceptual Development Plan Review; and, Conceptual Commercial Design Review - §26.412.040(A)(2), Conceptual Design Review; all to be consolidated with the AspenModern ninety-day negotiation process and reviewed by City Council;and 517 and 521 E. Hyman Avenue Ordinance#5, Series of 2012 Page 2 of 15 WHEREAS, in addition to Historic Landmark Designation, Subdivision, Growth Management, Certificate of Appropriateness for Major Development Conceptual, and Conceptual Commercial Design Review the applicant had identified preservation incentives that are requested as part of the AspenModem negotiation process in a letter dated November 30, 2011. Those incentives requested include: the ability to construct a 7,500 square feet floor area free market residential unit; acknowledgement that the housing mitigation required for the new mixed use building will be satisfied by the preservation and remodeling of the Benton Building and the preservation of the Little Annie's Building; acknowledgement that the commercial parking requirement would be satisfied by the preservation and remodeling activities described above; a waiver of Park Development Fees and Air Quality/Transportation Demand Management fees; and, a reduction of required Public Amenity space from 1,500 sq. ft. to 405 sq. ft. and a waiver of public amenity cash in lieu fee;and WHEREAS,the Community Development Department performed an analysis of the application including Landmark Designation, Subdivision Review, Growth Management Review, Certificate of Appropriateness for Major Development Conceptual Review, and Commercial Design Standard Conceptual Review and found that the review standards are met. The staff report analyzed the proposed preservation incentives and monetary value of the benefits where possible; and WHEREAS,the City Council finds that the proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and elements of the Aspen Area Community Plan;and, WHEREAS,the City Council finds that this Ordinance furthers and is necessary for the promotion of public health,safety,and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO,AS FOLLOWS: Section 1: Approvals and Proiect Phasing: a. Approvals. Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves Historic Designation, Subdivision, Growth Management.Review, Certificate of Appropriateness for Major Development Conceptual, Commercial Design Review Conceptual and a site specific development plan subject to the conditions described herein. b. Project Phasing. The applicant shall be permitted to restore the Benton Building and complete the construction of the mixed use addition during different construction phases for the overall project approved by this Ordinance. All mitigation requirements stated in this Ordinance,with the exception of the off-site affordable housing unit,shall be due and payable at the time of issuance of a building permit for the mixed use addition. 517 and 521 E.Hyman Avenue Ordinance#5, Series of 2012 Page 3of15 Section 2: Historic Landmark Designation Historic landmark designation is granted for 517 East Hyman Avenue (Lot E, Block 95) aka "Little Annie's", 521 East Hyman Avenue (Units 1 and 2 of the Benton Building Condominium, Lot F, Block 95)aka"the Benton Building." The historic landmark designation encompasses the entire newly created 15,000 square feet parcel legally described as Lots E, F, G, H and I, Block 95, City and Townsite of Aspen, Colorado. Moreover, the property owner has committed to a restoration of the facade and other important exterior elements of the Benton Building,as shown on the plans dated February 13, 2012. Upon the effective date of this ordinance,the City Clerk shall record with the real estate records of the Clerk and Recorder of the County, a certified copy of this ordinance. The location of the historic landmark property designated by this ordinance shall be indicated on the official maps of the City that are maintained by the Community Development Department. Scction 3: Subdivision Pursuant to the procedures and standards set forth in Title 26 of the City of Aspen Municipal Code, the Aspen City Council hereby approves Subdivision of the properties located at 517 East Hyman Avenue (Lot E, Block 95), 521 East Hyman Avenue (Units 1 and 2 of the Benton Building Condominium, aka Lot F, Block 95)and the parking lot located at the southwest corner of Hunter and Hyman Streets (Lots G, H and I, Block 95) to merge the lots into one lot as �n follows: AspenCore, Lot ] — Lots E, F, G, H, and I of Block 95, City and Townsite of Aspen containing two buildings including: 1) a mixed use building that.includes an addition to 521 East Hyman Avenue aka "the Benton Building" and 2) a one story commercial building at 517 East Hyman Avenue aka"Little Annie's." A final Subdivision Plat and Subdivision Agreement that meets the requirements of Land Use Code § 26.480, Subdivision, shall be recorded in the Pitkin County Clerk and Recorder's Office within 180 days of the receipt of a Certificate of Appropriateness for Major Development by the Historic Preservation Commission. A building permit may be submitted prior to the recordation of the Subdivision Plat and Agreement, but may not be issued until said Plat and Agreement are recorded. Subdivision Agreement shall include at a minimum the following information: 1. An illustrative site plan of the project depicting the proposed improvement and the approved dimensional requirements. 2. A grading and drainage plan for the property. 3. Approved landscape plan. 4. Pedestrian enhancement plan. 5. Commitment to complete or actual completion of the restoration of the Benton Building pursuant to plans dated February 13,2012 prior to receiving a certificate of occupancy or a conditional certificate of occupancy for any portion of the new mixed use building. 6. Commitment to provide $2 million toward the Benton Building (interior, exterior, soft " costs and hard costs, including restoration of the facade) and a process to account for the funds. Applicant shall restore Benton Building to its original appearance and contribute at 517 and 521 E. Hyman Avenue Ordinance#5,Series of 2012 ` Page 4 of 15 least $2 million towards the Benton Building. If restoration costs less than $2 million, then the remainder of the funds goes to the City for Historic Preservation efforts. 7. Commitment to complete all Public Improvements. Section 4: Financial Assurances Before the Applicant is issued a Building Permit for the mixed use addition to the Benton Building the Applicant shall provide to the Community Development Department the following: a. Cost Estimates. Applicant's General Contractor shall cause to be prepared, and certified as correct, cost estimates for all improvements or development for which a Building Permit is required. The cost estimates for the Public Improvements described herein at Section 18 shall be reviewed and approved by the City Engineer. The cost estimates for the implementation and maintenance of the landscape plan described herein at Section 13 shall be reviewed and approved by the Parks Department. The cost estimates for all other improvements and development in the Subdivision shall be reviewed and approved by the Building Department. Cost estimates for the landscape plan and the Public Improvements shall be shown separately from the cost estimates for all other improvements and development of the Project. Owner shall be responsible for the implementation and maintenance of the landscape plan and construction and installation of all Public Improvements required by this Ordinance. b. Public Improvements and Landscaping Guarantees. Pursuant to and in conformance with the requirements of § 26.480.070(C) & (D) and § 26.445.070 (C)(3)&(4) of the Aspen Municipal Code; and, in order to secure the performance of the obligations of the Applicant to implement and maintain the Landscape Plan and to ensure the installation of the Public Improvements, Applicant shall provide a guarantee of no less than one hundred and twenty five percent (125%) of the estimated cost of such Landscape Plan and Public Improvements, as determined and approved in subsection (a), above. The guarantee to implement and maintain the Landscape Plan and to complete Public Improvements shall be made by depositing with the City an irrevocable letter of credit with provisions as hereinafter set forth, or by providing such other security that may be acceptable to the City attorney. If an irrevocable letter of credit is used, the irrevocable letter of credit shall be retained by the City until satisfaction of Applicant's obligations under this Section or earlier released by the City.The letter of credit shall be issued by a financial institution doing business in Aspen, Colorado, or such other bank as shall be approved by the City; shall have an expiration date no earlier than two years after its date of issue; and shall provide that it may be drawn upon from time to time by the City in such amount or amounts as the City may designate as justified, such amounts not to exceed, in the aggregate, the amount of the letter of credit. Draws under any such letter of credit shall be by a certificate signed by the City Manager of the City of Aspen, or his designee, stating that the City is entitled to draw the specified amount under the terms of this Section. 517 and 521 E. Hyman Avenue Ordinance#5, Series of 2012 Page 5 of 15 c. Other Improvements and Development. With respect to all other a, improvements or development within the Project, the Applicant shall provide evidence satisfactory to the Community Development Department and the City Attorney's Office that the Applicant has in place sufficient financing to accomplish and complete all the development for which a Building Permit is sought. Such financing may include, without limitation, a construction loan from an institutional lender or lenders and equity capital investments from the Applicant or third party investors. The City Attorney shall have sole discretion in determining if the proposed financing as advanced by the Applicant is sufficient to complete the development activity for which a Building Permit is sought. d. Financial Assurances for Completion of the Project. The Applicant further commits and agrees that before any Building Permit (including demolition, access/infrastructure, and/or site preparation permits) is issued for the Project approved by this Ordinance, the Applicant shall provide to the City Building Department and the City Attorney for review and approval a copy of a Performance Bond issued or committed to be issued to the Applicant's General Contractor by an institutional surety company pursuant to which the surety agrees to provide the funds necessary to complete the construction of the improvements covered by the Building Permit, and all public improvements required under the Subdivision/PUD Agreement, �m or by providing such other security that may be acceptable to the City attorney. If a Performance Bond is used, the Performance Bond shall name the Applicant and the City of Aspen as additional beneficiaries or insureds thereunder to grant to either or both of them a direct right of action under the Performance Bond in order to construct or finish public improvements, and to complete the construction of the improvements covered by the Building Permit. ,: Section 5: Site Protection Fund The Applicant hereby commits and agrees that before any Building Permit(including demolition, . access/infrastructure, and/or site preparation permits) is issued for the Project approved by this Ordinance, the Applicant shall deposit with Pitkin County Title, Inc. ("Escrow Agent") the sum W of$250,000 in the form of cash or wired funds(the"Escrow Funds")and will execute an Escrow , Agreement and Instructions with the Escrow Agent which recites and agrees as follows: "In the event construction work on the Project shall cease for sixty (60) days or longer (`work stoppage') prior to a final inspection by the City of the work authorized by the Foundation/Structural Frame Permit on the Project, then the City in its discretion may draw upon the Escrow Funds from time to time as needed for purposes of protecting and securing the Project site and improvements from damage by the elements and/or from trespass by unauthorized persons, and for purposes of improving the Project site to a safe condition such that it does not become an attractive nuisance or otherwise pose a threat to neighbors or other persons." 517 and 521 E. Hyman Avenue "n Ordinance#5, Series of 2012 Page 6 of 15 The Escrow Funds or any remaining balance thereof shall be returned to Applicant upon completion by the City of a final inspection of the work authorized by the Foundation/Structural Frame Permit on the Project. Section 6: Avvroved Dimensional Requirements The buildings as presented in the plans dated February 13, 2012 and attached as Exhibit A to this Ordinance comply with the effective dimensional allowances and limitations of the Commercial Core (CC) zone district as modified below. Compliance with these requirements shall be verified by the City of Aspen Zoning Officer at the time of building permit submittal. The following dimensions are approved: Minimum Lot Size: 15,000 square feet - - - - Minimum Lot Width: 150 feet Minimum Front Yard Setback: 0 feet—Hyman Avenue Minimum Side Yard Setback: 0 feet—Hunter Street Minimum Rear Yard Setback: 0 feet—Alley Minimum Trash/Recycle Area: Alley frontage of 23 linear feet with 10 feet vertical clearance and 10 feet deep Maximum Building Height: 41 feet for three story elements Minimum Pedestrian Amenity: Accommodated partially onsite and with the completion of a Pedestrian Improvement Plan as described in § 7 herein. Maximum Allowable Floor Area: 33,005 square feet Maximum Commercial Floor Area: 24,055 square feet Maximum Net Leasable Commercial Area: 22,153 square feet Maximum Residential Floor Area: 8,950 square feet total free market residential allocated as follows: 6,950 square feet for Unit 1 and 2,000 square feet for Unit 2 Maximum Residential Net Livable Area: 7,605 square feet total: 6,063 square feet for Unit 1 and 1,542 square feet for Unit 2 517 and 521 E. Hyman Avenue Ordinance#5,Series of 2012 Page 7 of 15 —� W Residential Units: 2 units Minimum Off-Street Parking Spaces: 3 spaces Minor adjustments to the dimensions represented above may occur upon review of a building permit as long as the resulting dimensions do not exceed those approved through this ordinance. Decks are approved as shown in the plans attached as Exhibit A dated February 13,2012. If an application is submitted by the owner, the residential floor area and residential net livable area described above for Unit 1 may be divided into two units through an administrative approval by the Community Development Director. The residential floor area and residential net livable area described above may not be increased without approval by City Council. Growth Management mitigation for the third free market residential unit is required and shall be in the form of a cash in lieu payment calculated at the time of building permit submittal for the third unit. Section 7: Affordable Restaurant Deed Restriction: The site currently occupied by Little Annie's Restaurant (the "Restaurant Site") shall be restricted in perpetuity by a deed restriction approved by the city Attorney and thereafter recorded . with the Clerk and Recorder's Office of Pitkin County so that the Restaurant Site may be used only for the operation of a "low-priced restaurant" (as hereinafter defined). Future rent for the Restaurant Site shall not exceed rent for the current year, as adjusted each calendar year thereafter by an amount equal to the percentage increase, if any, in the CPI-U,U.S. City Average, All Items, (1982-84=100)Consumer Price Index (the"CPI"), over the CPI in effect for the month and year of the effective date of this ordinance. For purposes of this paragraph, the term "low- priced restaurant" means a restaurant offering menu items priced not more expensively, on a relative basis when compared to other sit down restaurants in Aspen, Colorado, than the current menu prices. A copy of the current menu prices at the Restaurant Site shall be kept and maintained by the City of Aspen Community Development Department which shall constitute conclusive evidence of the current menu prices. Any other uses, including other uses allowed in the CC Zone District as a matter of right, or any greater increases in rent shall be permitted only upon the agreement of the Owner and the City. The deed restriction shall be recorded prior to granting a certificate of occupancy for the mixed use addition. The applicant shall make a reasonable good faith effort to find a tenant for the space. Section 8: Impact and Development Fees: Public Ameni ty Space The open space in front of the Benton Building qualifies as Public Amenity space and meets a portion of the requirement. Pursuant to Land Use Code Subsection 26.575.030.e.2,Public Amenity, the Applicant commits to provide the remaining 7.3% of the public amenity requirement off-site through the completion of a pedestrian improvement plan. The pedestrian improvement plan shall provide extensive improvements to the Hyman and Hunter Streets right-of-ways and is subject to approval by the Parks, Community Development and Engineering Departments. The improvements shall be installed at the cost of the Applicant and shall be in addition to the basic street,curb,gutter,sidewalk and landscaping improvements required under the Municipal Code. 517 and 521 E.Hyman Avenue Ordinance#5, Series of 2012 Page 8 of 15 The property owner has agreed to undertake an architectural study to see if it is reasonably possible to provide accessibility in accordance with Building Code requirements to the Little Annie's building without disrupting existing restaurant operations. Parks Development and Air Quyk1TDMkpac1 Fees Pursuant to Land Use Code § 26.610.030,Exemptions, development involving a property listed on the Aspen Inventory of Historic Landmark Sites and Structures is exempt from the Parks Development and Air Quality/TDM Impact Fees. ,school Lands Dedication Before the Applicant is issued a Building Permit, the Applicant shall pay a fee-in-lieu of land dedication pursuant to Chapter 26.620,School Lands Dedication. The amount of the fee shall be calculated by the Community Development Department using the calculation method and fee schedule in effect at the time the applicant submits a Building Permit. Parkin Pursuant to Land Use Code§ 26.515,Parking,new net leasable area is required to mitigate parking impacts either through onsite spaces or cash in lieu. The Applicant agrees to pay the following cash in lieu fee prior to the building permit issuance: 15,859 sq. ft.net leasable/ 1,000 sq. ft. = 15.8 parking spaces required 15.8 spaces required—3 onsite spaces provided= 12.8 parking spaces 12.8 x $30,000/space=$384,000 An increase to the 15,859 square feet of net leasable area described above shall require additional cash in lieu payment according to the above methodology. Section 9: Emolovee Generation and Mitigation 'Me existing net leasable calculation for both the Benton Building (521 E. Hyman Avenue) and Little Annie's(517 E. Hyman Avenue)is 7,505 square feet. City Council hereby grants a credit of commercial net leasable for the preservation of these buildings. Pursuant to Chapter 26.470, Growth Management, of the Aspen Land Use Code historic landmarks are eligible for growth management benefits. As. such the two free market residential units are permitted without affordable housing mitigation for the historic preservation of two buildings. Following is a calculation of the affordable housing requirement and the manner in which it is proposed to be provided. Existing Commercial Net Leasable Calculation: Benton Building Main Level 2,375 x 4.1 FTEs/1,000 s.f.=9.7375 FTEs 517 and 521 E.Hyman Avenue Ordinance#5,Series of 2012 Page 9 of 15 Benton Building Upper Floors: 2,670 x 3.075 FTEs/1,000 s.f.=8.21025 FTEs Total Benton Building existing net leasable= 17.94775 FTEs Little Annie's Main Level 2,460 x 4.1 FTEs/1,000 s.f.= 10.086 FTEs Preservation credit for existing net leasable 17.94775+10.086=28.03375 FTEs New Commercial Net Leasable Calculation: Main Level (6,096 x 4.1 FTEs)/1,000 sq.ft.=24.9936 FTEs Upper Floors and Basement Level (9,763 x 3.075)/1,000 s.f.= 30.021225 FTEs Total new commercial net leasable=55.014825 FTEs Calculation for the enlargement of a historic landmark for mixed use development: 55.014825—28.03375=26.981075 Total FTEs The first 4 employees require 0 mitigation;2 landmarks means the first 8 employees require 0 mitigation: . 0 FTEs generated for first 8 employees. The second 4 employees require mitigation at 30%; 2 landmarks means the second 8 employees require 30%mitigation 8 x 30%=2.4 FTEs generated for the second 8 employees. W The remaining employees are mitigated at 60%. 26.981075—(2 x 8)= 10.981075 ' 10.981075 x 60% =6.588645 FTEs 0+2.4+6.588645=8.988645 employees to be housed by this project. W The project is required to provide housing mitigation to house 9 employees, and has represented a commitment to pay cash in lieu for approximately 80% of the total mitigation, 7.25 FTEs, which equals (7.25 x $139,890) = $1,014,202.50 and approximately 20% of the total mitigation, 1.75 .; FTEs,shall be provided in the form of an offsite unit or affordable housing credits. 517 and 521 E. Hyman Avenue Ordinance#5, Series of 2012 Page 10 of 15 a� The offsite unit shall meet the requirements of the Aspen Pitkin County Housing Authority Guidelines and shall be deed restricted in accordance with Aspen Pitkin County Housing Authority requirements at Category 4 or lower. A Certificate of Occupancy shall be granted and a deed restriction shall be recorded for the offsite housing unit prior to the issuance of a Certificate of Occupancy or a Conditional Certificate of Occupancy for the mixed use addition. If applicable, affordable housing credits shall be extinguished prior to a Certificate of Occupancy for the mixed use addition. Section 10: Growth Management Quota System Allotments The following Growth Management allotments are hereby granted to the Project: a. Residential Free Market—2 units b. Commercial Net Leasable—15,859 square feet Section 11:Design Review Conceptual Commercial Design Review and Certificate of Appropriateness for Major Development Conceptual including mass, scale and height of the project is hereby granted as presented in the plans dated February 13, 2012 attached as Exhibit A to the Ordinance. Final Commercial Design Review as described in Land Use Code§ 26.412,Commercial Design Review, and a Certificate of Appropriateness for Major Development Final as described in Land Use Code § 26.415.070 Development involving designated historic properties,are required to be granted by the Historic Preservation Commission prior to the issuance of a Development Order. Section 12: Building Permit The applicant may not submit a Building Permit Application, with the exception of a building permit for the Benton Building exterior restoration and interior remodel,until the requirements in Land Use Code § 26.304.075, Building Permit, are fulfilled. The building permit application shall include the following: 1. A copy of the Development Order issued by the Community Development Department (see § 26.304.075(A)(2),City of Aspen Municipal Code.) 2. A copy of the final City Council Ordinance and HPC Resolutions. 3. The conditions of approval shall be printed on the cover page of the Building Permit set. 4. A fugitive dust control plan to be reviewed and approved by the City Engineering Department. 5. An excavation-stabilization plan, construction management plan (CMP), drainage and soils report pursuant to Engineering and Building Department requirements. 6. A grading report pursuant to Engineering Department requirements. 7. Accessiblity and ANSI requirements shall meet adopted Building Code requirements. 8. Evidence that the landscape plan received approval from the Parks Department. 9. Evidence that the cost estimates for the landscaping plan and Public Improvements received approval from the Community Development Department. 10.Evidence that the Financial Assurances and Site Protection Fund commitments, set forth at Section 4&5 above,have been met. 517 and 521 E.Hyman Avenue Ordinance,#5, Series of 2012 Page 11 of 15 Section 13: Engineering The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, ry Title 21, Title 28, and all construction and excavation standards published by the Engineering Department. A construction management plan must be submitted in conjunction with the , . building permit application. A completed drainage report/plan as outlined in the Urban Runoff Management Plan shall be submitted and approved prior to recordation of Final Plat and building permit issuance for the mixed use addition. A complete grading report shall be submitted and approved prior to recordation of Final Plat. Failure to meet the standards in Title 21 and Title 28 may result in a physical change to the project and possible review by City Council and/or HPC to amend the design. Any transformers, telephone pedestals and any other above ground utility boxes will need to be located on the property instead of the ROW. Section 14• Parks 1. 'fie Parks Department shall review and approve a Landscape Plan prior to building permit submittal for any phase of the project. 2. Landscaping in the public Right-of-way (ROW) shall be subject to landscaping in the Right-of-way requirements, Aspen Municipal Code Chapter 21.20. All plantings within the City Right-of-way must be approved by the City Parks Department prior to installation. 3. Right-of-way requirements necessitate adequate irrigation pressure and coverage, if a system is not in place one will need to be added. 4. An approved tree removal permit shall be required before any demolition or access infrastructure work occurs. Section 15: Fire Mitigation Before the Applicant is issued a Building Permit, the Applicant shall obtain the approval of the Fire Marshal of a Fire Protection Plan which shall include the following elements: 1. Compliance with all codes and requirements of the Aspen Fire Protection District 2. Sprinkler, fire alarms and carbon monoxide alarms are required. (lFC as amended Section 903 and 907). 3. Documentation that the proposed development has sufficient volume and pressure of water for the sprinklers or other fire suppression system adequate to satisfy the District's standards for the type of structures proposed by the approved development. This requirement shall be satisfied by an analysis acceptable to the Water Department which demonstrates system delivery capacity of existing water distribution system at the Water Departments' main water to the approved development of no less than 3,000 gallons per minute. N 4. An overall access plan for the site. Section 16: Sanitation District - Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. 517 and 521 E.Hyman Avenue Ordinance#5, Series of 2012 Page 12 of 15 Section 17: Water De artment The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water conservation and Plumbing Advisory Code) of the Aspen Municipal Code in place at the time of building permit submittal, as required by the City of Aspen Water Department. Each of the units within the mixed use building shall have individual water meters. Section 18: Exterior Liandaz All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code § 26.575.150, Outdoor Lighting. Section 19: Public Improvements The Applicant has agreed to perform certain Public Improvements and completion of said Public Improvements is hereby made a specific condition of the approval of this Ordinance. Applicant shall faithfully complete the Public Improvements listed below before the Applicant is issued a Certificate of Occupancy or a Conditional Certificate of Occupancy by the Building Department for the mixed use addition. The determination of satisfactory completion of the Public Improvements shall be within the sole discretion of the City Engineering or Building Departments. Applicant shall confirm its agreement to complete all Public Improvements in the Subdivision Agreement. The following are Public Improvements the Applicant has agreed to complete: a. compliance with the parks improvements,including a Landscape Plan, referenced in §14 herein, b. the public amenity requirement set forth at § 8 herein Section 20: Vested Rights The development approvals granted herein shall constitute a site-specific development plan and a vested property right pursuant to Land Use Code Section 26.308.011 attaching to and running with the Subject Property and shall confer upon the Applicant the right to undertake and complete the site specific development plan and use of said property under the terms and conditions of the site specific development plan including any approved amendments thereto.The vesting period of these vested property rights shall be for three (3)years which shall not begin to run until the date of the publications required to be made as set forth below. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of § 26.104.050, Void Permits. Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. For purposes of this provision, the submission and acceptance of a building permit application for the restoration of the Benton Building as part of the enlargement of a historic landmark that is deemed complete by the Chief Building Inspector pursuant to Land 517 and 521 E. Hyman Avenue Ordinance#5,Series of 2012 Page 13 of 15 Use Code Section 26.304.075 shall prevent the expiration of the vested rights of the applicant and any related development orders under Land Use Code Section 26.304.070.D. No later than fourteen (14) days following final approval of this Ordinance, the City Clerk shall , . cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to Chapter 26.308, Vested Property Rights. Pursuant to § 26.304.070(A), Development Orders, such notice shall be substantially in the following form:. Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 517 East Hyman Avenue (Lot E, Block 95), 521 East Hyman Avenue (Units 1 and 2 of the Benton Building Condominium, aka Lot F, Block 95) and the parking lot located at the southwest corner of Hunter and Hyman Streets (Lots G,H and I Block 95), by Ordinance of the City Council of the City of Aspen. Nothing in this approval shall exempt the Development Order from subsequent reviews and approvals required by this Ordinance of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this Ordinance. The vested rights granted hereby shall be subject to all rights of referendum and judicial review. The period of time permitted by law to exercise the right of referendum to refer to the electorate this Section of this Ordinance granting vested rights; or, to seek judicial review of the grant of vested rights shall not begin to run until the date of publication of the notice of final development approval as set forth above. The rights of referendum described herein shall be no greater than those set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 21: 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 Historic Preservation Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless : amended by an authorized entity. Section 22• This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided,and the same shall be conducted and concluded under such prior ordinances. Section 23: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction,such portion shall be deemed a 517 and 521 E. Hyman Avenue Ordinance#5, Series of 2012 Page 14 of 15 separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. The City Clerk is directed, upon the adoption of this ordinance,to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 24_ A public hearing on this ordinance shall be held on the 13th day of February, 2012, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen,Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 6th day of February,2012. Michael C.Ireland,May A T: ♦��L athryn Koch,yty Clerk FINALLY,adopted,passed and approved this 13'x'day of February,2012. Michael C. Ireland, ayor jadu-yn �*K rk APPROVEEDD—A—S—T—O—FORM: -----'�=yr— ,SP.L.�:�\c�...•� �— John Worcester,City Attorney Exhibit A: Plans representing dimensional requirements. 517 and 521 E. Hyman Avenue Ordinance#5, Series of 2012 Page 15 of 15 i o ----- -- - -- �, ,� -�- - -- -- - - ----- -- ----o EwT oo . o i o------- --------i-------- ------ - -------- ----- � ow ZZIA ■ s f FIRST FLOOR PLAN 1A"-il4r 1 KE KLIGERMAN BARKLEY ASPEN CORE Al P.C.. Aspen.Cokaado 217N12 M w 1 BBF M LOW . N'A ------_ --- �- - ---� 1 o------ =------a---:,, ---- ------- --- - ----� i I Q� --•----- ---- ---w� ----QQ i SECOND FLOOR PLAN 1 lir-V-c l 1 K E Ia.IGERMAPi BARKLEY ASPEN CORE A�TBam P.C. Aspen,Cckmdo T113142 E E I h I � 1wMpe D --------a = - -------- D I i mow'----- -- , B B bi ... 0 A A a 1 2 3 4 5 8 THIRD FLOOR PLAN tro'=t•-r I K E KI.IGERNIATI BARKLEY ASPEN CORE A3 AACNfE=P.C. A mmCobrodo 7113112 a------ i � 1 I ISLOW OF ,� AT renew � Boa w+t v !Lmom Moor y t o- ROOF TERRACE AREA:4,225 sf ROOF PLAN ASPEN CORE A4 I K E IOJGERMA RF N BAQ-EY 2n3/l2 ARCH m==P.C. .A"w%CObrmb 4 4 Q 4 Q MCGLAgo M3.M11+OIL MIOF1'OR ----- SLAW �OO"A FAMURe.. MII oR wearom---- 7ERMOMA MMW®1 sraFurrAwvwm pvpwA4 a i ---- --- ------------ ----------- ------------- ---- MAmvneo—OTfA CWO�N i701BR0Rf7R111 � (7TlICW AUWWMN0ftWM f I{TMNt"smow� h(1�� YY1�Y1��`'I�UYrtS�VbI,f16v+I `aulo� tk � �dal n�ViaN HUNTER STREET ELEVATION 3n6•-Nr I K KLIGERMAN BARK LEY ASPEN CORE A5 AF C:HTU=P.C. Aaw,Cobmdo 2113112 o © © o © o ---------- -- ---------- ---------- YAM LA ■■t■t�■■ .�■■'i. �.1 �r ■1��=�'��-����� �� �� I ���I�il��I�Ali_ �� � � -��;� _ iutnw11911�I�61�IIII�IIIIII��Afllllfllll�ll��q�lw�mn QLAMTEWCOM CLADUM AUPAHM ROMPAM � 1 ■� r� � ■� 1 2 3 a il1�ICI Ili" =filhilh r !i 1 @l a !IS !!i,lllli RIl_ ���� ��� ���� i�■��� �� �� Ali EII�Eiliili�li4ig HYMAN AVENUE ELEVATION ASPEN•� •- rE• C I I I -- ------ - --- - ---C�'~' I - Y' ti(1O�L�u+�hw�l�,1'GVIe�Y1C�'� ; a�huhc�nv�l (��vu'1�1�� ALLEY ELEVATION 11vJl� nc, Y�VIIW. 9118'-1'-0" I K KLIGERMAN BARKLEY ASPEN CORE A7 M A�TECM P.C. pen,Cobrodo 2n9n2 COMMERCIAL F.M.RESIOENTIAL BENTON LITTLE ANNIE'S COMMERCIAL F.M.RESIDE1f11AL BENTON N.L. LITTLE ANNIE'S LEVEL FAR FAR. FAR FAR LEVEL NET LEASABLE NET WAKE N.L. BASEMENT 0 SF 0 SF 0 SF 0 SF BASEMENT 4250 SF 0 SF 0 SF 0 SF FIRST FLOOR 7.723 SF 306 SF 2375 SF 3.000 SF FIRST FLOOR 6.066 SF 081' 1.507 SF 2,460 SF wat t 1 SECOND FLOOR 6,552 SF 21063F 2310 SF 0 SF SECOND FLOOR 5,513$F 1,201 SF 2,147 SF 0 SF w Halt 2 SH EKOW 621.x' wal 1 THIRD FLOOR 0 SF 6.536 SF 380 SF 0 SF THIRD FLOOR 0 SF 4,602 SF 0 SF 0 SF [1 � •` watt 1 021 wal 1 SF �? L7+ TOTALS 14.275 SF 6,650 SF 5,045 SF 3.000 3F TOTALS 16,656 SF 6 063 SF Nak 2 3,664 2,460 SF 1 612 SF TOTALA6PEN Con PROPOSED FAR: TOTALCOMMERWIL MET LEAtASLE TOTAL F.M.RESDENTIAL NET LNEABLE aM uRF FEET-tNf:LUDE3 617 6 521 F11'NV1P1 21973 30! F ET- 31,270 "�°��•°A SET (INCL 617 t 521 MYMAN) aA1R.piM170R N8S s"vL 10Nw6T97ACE'. COw1E1C9LNO111MF9MGE EN06l1 30690.". G006ANI�VLMON MNF am am". ! 1 Te9M9i TSRM9[ 1 4, } � 9.w" � � 6 NOW mom R 93TEITST 617 EAST NMIIAN NTNAN E w I i T9EH9E 706 V a IAi1EMb 416va E . X1690". A LLOW IL.E OUIDOOR AREA:16.6MW X 2.6 X 16% 6625 SF •9WAREFONAEEWMId!l99NAT 940EFAESR011SNXF7 PROP.O�D OUTDCORAREA: 3RD PL•13973E /� �PLAPtS ROOF:4225 SF inr ra• TOTAL 5622 SF<6625-OK 2MY Al BARia_Elf ASPEN CORE 2 K AFZCF M =M P.C. Avon'Cobrmb r a� HYMAN AVENUE I m aim rw1 I SITE Mtj 6 PERSPEMM T•2w-(r i I K E FaIGERMAN BARFCLEY ASPEN CORE T1 ARCMIa=P.C. Aspen,Cd*m& 2M3M2 Attachment 5 Fidelity National Title Insurance Company ,M 4 Policy Number: 27-031-06- 109526 ` OWNER'S POLICY OF TITLE INSURANCE Issued by Fidelity National Title Insurance Company r. Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B,AND THE CONDITIONS,FIDELITY NATIONAL TITLE INSURANCE COMPANY,a California corpora- tion(the"Company")insures,as of Date of Policy and,to the extent stated in Covered Risks 9 and 10,after Date of Policy, against loss or damage,not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery,fraud,undue influence, duress, incompetency,incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii)a document affecting Title not properly created,executed,witnessed,sealed,acknowledged,notarized.,or deliv- ered; (iv)failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified,expired,or otherwise invalid power of attorney; (vi) a document not properly filed,recorded,or indexed in the Public Records including failure to perform those acts . by electronic means authorized by law;or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term"encroachment"includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing im- provements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning)restricting, regulating,prohibiting, or relating to (a) the occupancy,use,or enjoyment of the Land; (b) the character,dimensions,or location of any improvement erected on the Land; (c) the subdivision of land;or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce,but only to the extent of the violation or enforcement referred to in that notice. FORM 27-031-06 ALTA Owner's Policy(6-17-06) . -.__. _. _._..... W 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land,is recorded in the Public Records,but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise,describing any part of the Land,is recorded in the i Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without . Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part,or from a court order providing an alternative remedy,of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy,state insolvency, or similar creditors'rights laws; or (b) because the.instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy,state insolvency,or similar creditors'rights laws by reason of the failure of its recording in the Public Records (i) to be timely,or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs,attorneys' fees,and expenses incurred in defense of any matter insured against by this Policy,but only to the extent provided in the Conditions. W, IN WITNESS WHEREOF,FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized officers. I ` ,Fidelity National Title Insurance Company z LF Q SEAL President. a ► �a-c°rlsr f Secre[vy Countersigned; Authorized Signature FORM 27-031-06 ALTA Owner's Policy(6-17-06) ' FIDELITY NATIONAL TITLE INSURANCE COMPANY 4643 S. Ulster, Suite 500 Denver, CO 80237 Phone (720)200-1200 Fax(303)771-5385 January 31, 2011 Aspen Core Ventures, LLC, a Colorado limited liability company c/o Garfield Hect, 601 E Hyman Ave Aspen, CO 81611 Policy Number: 27-031-06-109526 Our File Number: F229015 Amount of Coverage: $ 17,750,000.00 Property Address: Pitkin County, CO Dear Property Owner: Fidelity National Title Insurance Company would like to thank you for letting us be of service in providing the enclosed title insurance policy. This valuable document insures good and marketable title to your property. Please take a few minutes to read your policy. We will be happy to answer any questions you may have regarding this policy. Just call our central title files office at the number and address above. Should you decide to sell the property described in Schedule A of your policy or if you are required to furnish a new title commitment for mortgage purposes, you may be entitled to a credit toward future title insurance expenses. Fidelity National Title Insurance Company will retain a copy of the enclosed title policy, and, in the event that you do need further services, we will be in a position to again serve you promptly and efficiently. We sincerely appreciate your business! Thank You, r P licy Department delity National Title Insurance Company FIDELITY NATIONAL TITLE INSURANCE COMPANY ` OWNER'S POLICY SCHEDULE A FILE NUMBER: POLICY NUMBER: DATE OF POLICY: AMOUNT OF INSURAN, F229015 27-031-06-109526 November 10,2010 $17,750,000.00 at 5:00 PM 1. Name of Insured: Aspen Core Ventures, LLC, a Colorado limited liability company 2. The estate or interest in the land described herein which is covered by this policy is: fee simple 3. The estate or interest referred to herein is at Date of Policy vested in: Aspen Core Ventures, LLC, a Colorado limited liability company 4. The land referred to In this policy is described as follows: SEE SCHEDULE C ATTACHED HERETO This policy valid only if Schedule B is attached. FORM 3218 FIDELITY NATIONAL TITLE INSURANCE COMPANY 1 of 2 t OWNER'S POLICY SCHEDULE B Policy Id: 27-031-06-109526 Pffice File Number: F229015 This policy does not insure against loss or damage by reason of the following: 1. Taxes and assessments for the year 2010 and subsequent years a lien but not yet due or payable. THE FOLLOWING EXCEPTIONS AFFECT PARCEL ONE: 2. Any mine of gold, silver, cinnabar, or copper or any valid mining claim or possession held under existing laws, as reserved by M. C. Miller, County and Probate Judge of Pitkin County, Colorado, in the Deed recorded December 31, 1887, in Book 59 at Page 323. 3. Terms, agreements, provisions, conditions and obligations as contained in Party Wall Agreement recorded Annum 29, 1980, in Book 382 at Page 866. 4. Those covenants, conditions, obligations, easements and restrictions which are a burden to the Condominium Unit described in Schedule A, and set forth in the Condominium Declaration recorded December 18, 1987, in Book 553 at Page 375. 5. Easements, rights of way and all other matters as shown on the Plat of The Benton Building Condominium, filed February 2, 1988, in Plat Book 20 at Page 57. 6. Terms, agreements, provisions, conditions and obligations as contained in Encroachment Agreement recorded August 15, 1990, in Book 627 at Page 454. 7. Terms, agreements, provisions, conditions and obligations as contained in Revocable Encroachment License recorded July 1,2005, at Reception No. 511897. 'THE FOLLOWING EXCEPTIONS AFFECT PARCEL TWO: 8. Any mine of gold, silver, cinnabar, or copper or any valid mining claim or possession held under existing laws, as reserved by M. C. Miller, County and Probate Judge of Pitkin County, Colorado, in the Deed recorded December 31, 1887, in Book 59 at Page 323. 9. The full, free and perpetual right to dig, work, search for, mine add remove all ores and mineral bearing rock and earth underneath subject property, as granted to James D. Hooper in the Deeds recorded June 18, 1891, in Book 98 at Page 537, July 31, 1891, its Book 105 at Page 129 and October 5.1959, in Book 189 at Page 21. 10. Terms, agreements, provisions, conditions and obligations as contained in Notice of Historic Designation recorded January 13, 1975, in Book 295 at Page 515. THE FOLLOWING EXCEPTIONS AFFECT PARCELTHREE: 11. Any mine of gold, silver, cinnabar, or copper or any valid mining claim or possession held under existing laws, as reserved by M. C. Miller, County and Probate Judge of Pitkin County, Colorado, in the Deed recorded December 31, 1887, in Book 59 at Page 323. 12. The full, free and perpetual right to dig, work, search for, mine and remove all ores and mineral bearing rock and earth underneath subject property, as granted to James D. Hooper in the Deeds recorded June 18, 1891, in Book 98 at Page 537, July 31, 1891., in Book 105 at Page 129 and October 5,1959, in Book 189 at Page 21. 13. Terms, agreements, provisions, conditions and obligations as contained in Notice of Historic Designation recorded January 13, 1975, in Book 295 at Page 515. FIDELITY NATIONAL TITLE INSURANCE COMPANY 2 of 2 { OWNER'S POLICY SCHEDULE B Policy Id:27-031-06-109526 Office File Number: F229015 14. Terms, agreements. provisions, conditions and obligations as contained in Multipurpose Easement Agreement Electric and Communication Utilities recorded June 15, 1976, in Book 313 at Page 255. 15. Terms, agreements, provisions, conditions and obligations as contained in Party Wall Agreement recorded January 29, 1980, in Book 382 at Page 866. 16, The Following As shown on the Improvement Survey of(parcel Two) Prepared by Aspen Survey Engineers, Inc. Job No. 15214 A. Building/Conc. pad encroaches 0.7' into the Alley �a W FIDELITY NATIONAL TITLE INSURANCE CON " W r rized Signatory Issued at: DENVER, COLORADO FORM 3566 R-9-70 ` File Number: F229015 ENDORSEMENT Issued by FIDELITY NATIONAL TITLE INSURANCE COMPANY Attached to and forming a part of Policy No. 27-031-06-109526 r Form 100.31 The Company hereby insures the Insured against loss which the Insured shall sustain by reason of physical, but not aesthetic, damage to improvements existing on the land at Date of Policy or constructed thereon thereafter resulting from the exercise subsequent to the Date of Policy of any rights to use the surface of the land under the mineral interest referred to in Exception No.2, 8, 9, 11 and 12 of Schedule B ("the mineral rights"), subject, however, to the following terms and conditions: 1. The Insured shall notify the Company promptly in writing in case knowledge shall come to an Insured hereunder of any actual or threatened exercise of the mineral rights. 2. The Company shall have the right, at its cost, to take any action which in its opinion may be necessary or desirable in order for the Company to avoid or minimize the extent of its liability under this endorsement, including, but not limited to any or all of the following: (a) in the Company's own right, or in the name of the Insured for the Company's benefit, to institute, prosecute and pursue to final determination any proceedings at law or in equity, or before any municipal, administrative, or regulatory tribunal or board; (b) In the Company's own right, or in the name of the Insured for the Company's benefit, to compel the giving of security bond or undertaking by the person or persons from whom the Insured or such borrower is entitled by law to such security, bond or undertaking, and in the same amount or amounts to which the Insured would have been so entitled had this endorsement not been issued; and (c) To retain or.be paid out of any such security, bond or undertaking, or out of any compensation or funds recovered by the Company or the Insured such amount as will reimburse the Company for all payments made to the Insured by the Company by reason of the insurance afforded by this endorsement, together with all costs and expenses incurred by the Company in connection therewith, including attorneys'fees. 3. No rights, benefits or defenses are intended to or shall be deemed to flow or be made available to any person or entity other than the Insured by reason of the insurance afforded by this endorsement, and the Insured agrees that all of the Insured's rights and remedies against third parties relating to the subject matter of this endorsement shall be deemed to have remained intact, in the same manner as if this endorsement had not been issued. This endorsement is made apart of the policy. It is subject to all the terms of the policy and prior endorsements. Except as expressly stated on this endorsement, the terms, dates and amount of the policy and prior endorsements are not changed. Dated: November 10, 2010 FIDELITY NATIONAL TITLE INSURANCE COMPANY r rized Signatory Issued at: DENVER, COLORADO Endorsement 100.31 (Mineral.Protection-Improve. Present&Future-Not Aesthetics-Owner's) _01K ow EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy,and the Company will not pay loss or damage,costs,attorneys'fees,or expenses that arise by reason, t1Ar of: 1. (a) Any law,ordinance,permit,or governmental regulation(including those relating to building and zoning)restricting,regulating,prohibiting,or relating to (i) the occupancy,use,or enjoyment of the Land; (ii) the character,dimensions,or location of any improvement erected on the Land; (iii) the subdivision of land;or i (iv) environmental protection; or the effect of any violation of these laws,ordinances,or governmental regulations. This Exclusion 1(a)does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion I(b)does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects,liens,encumbrances,adverse claims,or other matters : (a) O created,suffered,assumed,or agreed to by the Insured Claimant; (b) not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to the Company gym. by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no,loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risk 9 and 10);or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that the transaction vesting the Title as shown in Schedule A,is (a) a fraudulent conveyance or fraudulent transfer;or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recordi ng of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. CONDITIONS 1.DEFINITION OF TERMS Covered Risk 5(d),"Public Records"shall also include environmental pro- The following terms when used in this policy mean: tection liens filed in the records of the clerk of the United States District (a) "Amount of Insurance": The amount stated in Schedule A,as may be in- Court for the district where the Land is located. creased or decreased by endorsement to this policy,increased by Section (j) "Title": The estate or interest described in Schedule A_ 8(b),or decreased by Sections 10 and 11 of these Conditions. (k) "Unmarketable Title":Title affected by an alleged or apparent matter that (b) "Date of Policy": The date designated as"Date of Policy"in Schedule A. would permit a prospective purchaser or lessee of the Title or lender on the (c) "Entity": A corporation,partnership,trust, limited liability company, or Title to be released from the obligation to purchase,lease,or lend if there is other similar legal entity, a contractual condition requiring the delivery of marketable title. (d) "Insured": The Insured named in Schedule A. (i) The term"Insured"also includes 2.CONTINUATION OF INSURANCE (A) successors to the Title of the Insured by operation of law as dis- The coverage of this policy shall continue in force as of Date of Policy in favor of tinguished from purchase,including heirs,devisees,survivors, an Insured,but only so long as the Insured retains an estate or interest in the Land,or personal representatives,or next of kin; holds an obligation secured by a purchase money Mortgage given by a purchaser from t (B) successors to an Insured by dissolution,merger,consolidation, the Insured,or only so long as the Insured shall have liability by reason of warranties distribution,or reorganization; in any transfer or conveyance of the Title. This policy shall not continue in force in %.- (C) successors to an Insured by its conversion to another kind of favor of any purchaser from the Insured of either(i)an estate or interest in the Land,or Entity; (ii)an obligation secured by a purchase money Mortgage given to the Insured. (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT (1) if the stock,shares,memberships,or other equity interests The Insured shall notify the Company promptly in writing(i)in case of any litigation of the grantee are wholly-owned by the named Insured, as set forth in Section 5(a)of these Conditions,(ii)in case Knowledge shall come to an (2) if the grantee wholly owns the named Insured, Insured hereunder of any claim of title or interest that is adverse to the Title,as insured, (3) if the grantee is wholly-owned by an affiliated Entity of and that might cause loss or damage for which the Company may be liable by virtue of the named Insured,provided the affiliated Entity and the this policy,or(iii)if the Title,as insured,is rejected as Unmarketable Title. If the named Insured are both wholly-owned by the same person Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, or Entity,or the Company's liability to the Insured Claimant under the policy shall be reduced to (4) if the grantee is a trustee or beneficiary of a trust created the extent of the prejudice. by a written instrument established by the Insured named in Schedule A for estate planning purposes. 4. PROOF OF LOSS (ii) With regard to(A),(B),(C),and(D)reserving,however,all rights In the event the Company is unable to determine the amount of loss or damage,the and defenses as to any successor that the Company would have had Company may,at its option,require as a condition of payment that the Insured Claimant against any predecessor Insured. furnish a signed proof of loss. The proof of loss must describe the defect, lien, (e) "Insured Claimant"; An Insured claiming loss or damage. encumbrance,or other matter insured against by this policy that constitutes the basis of (f) "Knowledge"or"Known": Actual knowledge,not constructive knowledge loss or damage and shall state,to the extent possible,the basis of calculating the amount or notice that may be imputed to an Insured by reason of the Public Records of the Ioss or damage. or any other records that impart constructive notice of matters affecting the .Title. 5. DEFENSE AND PROSECUTION OF ACTIONS (g) "Land": The land described in Schedule A,and affixed improvements that (a) Upon written request by the Insured,and subject to the options contained in by law constitute real property.The term"Land"does not include any prop- Section 7 of these Conditions,the Company,at its own cost and without t erty beyond the lines of the area described in Schedule A,nor any right, unreasonable delay,shall provide for the defense of an Insured in litigation title,interest,estate,or easement in abutting streets,roads,avenues,alleys, in which any third party asserts a claim covered by this policy adverse to lanes,ways,or waterways,but this does not modify or limit the extent that the Insured. This obligation is limited to only those stated causes of action a right of access to and from the Land is insured by this policy. alleging matters insured against by this policy.The Company shall have the (h) "Mortgage": Mortgage,deed of bust,trust deed,or other security instru- right to select counsel of its choice(subject to the right of the Insured to W ment;including one evidenced by electronic means authorized by law. object for reasonable cause)to represent the Insured as to those stated causes (i) "Public Records": Records established under state statutes at Date of Policy of action. It shall not be liable for and will not pay the fees of any other for the purpose of imparting constructive notice of matters relating to real counsel. The Company will not pay any fees,costs,or expenses incurred property to purchasers for value and without Knowledge. With respect to by the Insured in the defense of those causes of action that allege matters W not insured against by this policy, rized by the Company up to the time of payment and that the Com- (b) The Company shall have the right,in addition to the options contained in pany is obligated to pay. Section 7 of these Conditions,at its own cost,to institute and prosecute any Upon the exercise by the Company of either of the options provided for in action or proceeding or to do any other act that in its opinion may be neces- subsections(b)(i)or(ii),the Company's obligations to the Insured under sary or desirable to establish the Title,as insured,or to prevent or reduce this policy for the claimed loss or damage,other than the payments required loss or damage to the Insured- The Company may take any appropriate to be made,shall terminate,including any liability or obligation to defend, action under the terms of this.policy,whether or not it shall be liable to the prosecute,or continue any litigation. t Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its S.DETERMINATION AND EXTENT OF LIABILITY rights under this subsection,it must do so diligently. This policy is.a contract of indemnity against actual monetary loss or damage (c) Whenever the Company brings an action or asserts a defense as required or sustained or incurred by the Insured Claimant who has suffered loss or damage by permitted by this policy,the Company may pursue the litigation to a final reason of matters insured against by this policy. determination by a court of competent jurisdiction,and it expressly reserves (a)The extent of liability of the Company for loss or damage under this policy the right,in its sole discretion,to appeal any adverse judgment or order. shall not exceed the lesser of .(i) the Amount of Insurance;or 6. DUTY OF INSURED CLAIMANT TO COOPERATE (ii) the difference between the value of the Title as insured and the value (a) In all cases where this policy permits or requires the Company to prosecute of the Title subject to the risk insured against by this policy. or provide for the defense of any action or proceeding and any appeals,the (b) If the Company pursues its rights under Section 5 of these Conditions and is Insured shall secure to the Company the right to so prosecute or provide unsuccessful in establishing the Title,as insured, defense in the action or proceeding,including the right to use,at its option, (i) the Amount of Insurance shall be increased by 10%,and the name of the Insured for this purpose. Whenever requested by the Com- (ii) the Insured Claimant shall have the right to have the loss or damage pany,the Insured,at the Company's expense,shall give the Company all determined either as of the date the claim was made by the Insured reasonable aid(i)in securing evidence,obtaining witnesses,prosecuting or Claimant or as of the date it is settled and paid, defending the action or proceeding,or effecting settlement,and(ii)in any (c) In addition to the extent of liability under(a)and(b),the Company will also other lawful act that in the opinion of the Company may be necessary or pay those costs,attorneys'fees,and expenses incurred in accordance with desirable to establish the Title or any other matter as insured, If the Com- Sections 5 and 7 of these Conditions. pany is prejudiced by the failure of the Insured to.fumish the required coop- eration,the Company's obligations to the Insured under the policy shall 9. LIMITATION OF LIABILITY terminate,including any liability or obligation to defend,prosecute,or con- (a) If the Company establishes the Title,or removes the alleged defect,lien,or tinue any litigation,with regard to the matter or matters requiring such co- encumbrance,or cures the lack of a right of access to or from the Land,or operation. cures the claim of Unmarketable Title,all as insured,in a reasonably diligent (b) The Company may reasonably require the Insured Claimant to submit to manner by any method,including litigation and the completion of any examination under oath by any authorized representative of the Company appeals,it shall have fully performed its obligations with respect to that and to produce for examination,inspection,and copying,at such reason- matter and shall not be liable for any loss or damage caused to the Insured. able times and places as may be designated by the authorized representative (b) In the event of any litigation,including litigation by the Company or with of the Company, all records, in whatever medium maintained,including the Company's consent,the Company shall have no liability for loss or dam- books,ledgers,checks,memoranda,correspondence,reports,e-mails,disks, age until there has been a final determination by a court of competent juris- tapes,and videos whether bearing a date before or after Date of Policy,that diction,and disposition of all appeals,adverse to the Title,as insured. reasonably pertain to the loss or damage. Further,if requested by any au- (c) The Company shall not be liable for loss or damage to the Insured for liabil- thorized representative of the Company,the Insured Claimant shall grant its ity voluntarily assumed by the Insured in settling any claim or suit without permission,in writing,for any authorized representative of the Company to the prior written consent of the Company. examine,inspect,and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information 10.REDUCTION OF INSURANCE;REDUCTION OR TERMINATION OF LI- designated as confidential by the Insured Claimant provided to the Com- ABILITY pany pursuant to this Section shall not be disclosed to others unless,in the All payments under this policy,except payments made for costs,attorneys'fees, reasonable judgment of the Company,it is necessary in the administration and expenses,shall reduce the Amount of Insurance by the amount of the payment. of the claim. Failure of the Insured Claimant to submit for examination under oath,produce any reasonably requested information,or grant permis- 11. LIABILITY NONCUMULATIVE sion to secure reasonably necessary information from third parties as re- The Amount of Insurance shall be reduced by any amount the Company pays quired in this subsection,unless prohibited by law or governmental regula- under any policy insuring a Mortgage to which exception is taken in Schedule B or to tion, shall terminate any liability of the Company under this policy as to which the Insured has agreed,assumed,or taken subject,or which is executed by an that claim. Insured after Date of Policy and which is a charge or lien on the Title,and the amount so paid shall be deemed a payment to the Insured under this policy. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;TERMINATION OF LIABILITY 12. PAYMENT OF LOSS In case of a claim under this policy,the Company shall have the following addi- When liability and the extent of loss or damage have been definitely fixed in tional options: accordance with these Conditions,the payment shall be made within 30 days. (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy 13.RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT together with any costs,attorneys'fees,and expenses incurred by the In- (a) Whenever the Company shall have settled and paid a claim under this policy, sured Claimant that were authorized by the Company up to the time of pay- it shall be subrogated and entitled to the rights of the Insured Claimant in ment or tender of payment and that the Company is obligated to pay. the Title and all other rights and remedies in respect to the claim that the Upon the exercise by the Company of this option,all liability and oblika- Insured Claimant has against any person or property,to the extent of the tions of the Company to the Insured under this policy,other than to make amount of any loss,costs,attomeys'fees,and expenses paidby the Company. the payment required in this subsection,shall terminate,including any li- If requested by the Company,the Insured Claimant shall execute documents ability or obligation to defend,prosecute,or continue any litigation. to evidence the transfer to the Company of these rights and remedies. The (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant shall permit the Company to sue,compromise,or settle in Insured Claimant. the name of the Insured Claimant and to use the name of the Insured Claimant (i) To pay or otherwise settle with other parties for or in the name of an in any transaction or litigation involving these rights and remedies. Insured Claimant any claim insured against under this policy.In addi- If a payment on account of a claim does not fully cover the loss of the tion,the Company will pay any costs,attorneys' fees,and expenses Insured Claimant,the Company shall defer the exercise of its right to recover incurred by the insured Claimant that were authorized by the Com- until after the Insured Claimant shall have recovered its loss. pany up to the time of payment and that the Company is obligated to (b) The Company's right of subrogation includes the rights of the Insured to pay;or indemnities, guaranties, other policies of insurance, or bonds, (ii) To pay or otherwise settle with the Insured Claimant the loss or dam- notwithstanding any terms or conditions contained.in those instruments that age provided for under this policy,together with any costs,attorneys' address subrogation rights. fees,and expenses incurred by the Insured Claimant that were autho- 14. ARBITRATION 16. SEVERABILITY Either the Company or the Insured may demand that the claim or controversy In the event any provision of this policy,in whole or in part,is held invalid or , shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the unenforceable under applicable law, the policy shall be deemed not to include that American Land Title Association("Rules"). Except as provided in the Rules,there provision or such part held to be invalid,but all other provisions shall remain in full shall be no joinder or consolidation with claims or controversies of other persons. force and effect Arbitrable matters may include,but are not limited to,any controversy or claim between the Company and the Insured arising out of or relating to this policy,any service in 17. CHOICE OF LAW;FORUM i connection with its issuance or the breach of a policy provision,or to any other (a) Choice of Law: The Insured acknowledges the Company has underwritten controversy or claim arising out of the transaction giving rise to this policy.All arbitrable the risks covered by this policy and determined the premium charged therefor matters when the Amount of Insurance is$2,000,000 or less shall be arbitrated at the in reliance upon the law affecting interests in real property and applicable option of either the Company or the Insured. All arbitrable matters when the Amount to the interpretation,rights,remedies,or enforcement of policies of title of Insurance is in excess of$2,000,000 shall be arbitrated only when agreed to by both insurance of the jurisdiction where the Land is located. the Company and the Insured Arbitration pursuant to this policy and under the Rules Therefore,the court or an arbitrator shall apply the law of the jurisdiction shall be.binding upon the parties.Judgment upon the award rendered by the Arbitrator(s) where the Land is located to determine the validity of claims against the may be entered in any court of competent jurisdiction. Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of 15. LIABILITY LIMITED TO THIS POLICY;POLICY ENTIRE CONTRACT law principles to determine the applicable law. (a) This policy together with all endorsements,if any,attached to it by the (b) Choice of Forum: Any litigation or other proceeding brought by the Insured Company is the entire policy and contract between the Insured and the against the Company must be filed only in a state or federal court within the Company. In interpreting any provision of this policy,this policy shall be United States of America or its territories having appropriate jurisdiction. construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by 18. NOTICES,WHERE SENT any action asserting such claim shall be restricted to this policy. . Any notice of claim and any other notice or statement in writing required to be (c) Any amendment of or endorsement to this policy must be in writing and given to the Company under this policy must be given to the Company at , authenticated by an authorized person,or expressly incorporated by Sched- ule A of this policy. Fidelity National Title Company (d) Each endorsement to this policy issued at any time is made a part of this National Claims Administration: policy and is subject to all of its terms and provisions. Except as the en- P.O.Box 45023 dorsement expressly states,it does not(i)modify any of the terms and pro- Jacksonville,Florida 32232-5023 visions of the policy, (ii)modify any prior endorsement, (iii)extend the . Date of Policy,or(iv)increase the Amount of Insurance. Attachment 6 Aspen Core Ventures, LLC c/o Andrew V. Hecht, Esq. Garfield & Hecht, PC 601 East Hyman Avenue Aspen, CO 81611 21 July 2011 Chris Bendon, AICP Director, Community Development Department City of Aspen 130 S. Galena Street, 3,d Floor Aspen, CO 81611 RE: Owner's Authorization Dear Chris: This letter is to certify that I, Nikos Hecht,Managing Member of Aspen Core Ventures, LLC, which is the owner of a vacant parcel located at the corner of Hunter and Hyman Streets, Aspen, Colorado as well as two adjacent commercial buildings immediately to the west, give Stan Clauson Associates, Inc.and its staff permission to represent us in discussions with the City of Aspen regarding the development of the property. Aspen Core Ventures,LLC has retained this firm to represent us in the application for this project. If you have any other questions regarding this matter, please contact me. Their contact information is as follows: Stan Clauson, AICP,ASLA Stan Clauson Associates, Inc. 412 N Mill Street Aspen,CO 81611 Tel (970)925-2323 Fax (970)920-1628 Very Truly Yours, Nikos He ht Managing Member Aspen Core Ventures, LLC Attachment 7 Pitkin County Assessor Parcel Detail Information Assessor Property Search I Assessor Subset Query I Assessor Sales Search Clerk&Recorder Reception Search I Treasurer Tax Search Search Basic Building Characteristics I Value Summary Parcel Detail I Value Detail I Sales Detail Residential/Commercial Improvement Detail Land Detail Photographs Tax Area I Account Number Parcel Number 112010 Mill Levy 001 11 R001311 273718224002 j 26.708 Owner Name and Address ASPEN CORE VENTURES LLC C/O KATIE REED MGMT 418 E COOPER AVE#207 ASPEN, CO 81611 Legal Description Subdivision: CITY AND TOWNSITE OF ASPEN Block: 95 Lot:E Location Physical Address: 517 E HYMAN AVE ASPEN Subdivision: CITY AND TOWNSITE OF 11ASPEN Land Acres: 0 Land Sq Ft: IF3,000 2011 Property Value Summary Actual F Assessed Value Land: 2,100,000 F 609,000 Improvements: 943,600 F 273,640 Total: 3,043,600 882,640 Sale Date: 11/9/2010 Sale Price: 117,750,000 Basic Building Characteristics Number of Residential 0 Buildings: Number of Comm/Ind Buildings: Commercial/Industrial Building Occurrence 0 Characteristics SPECIAL PURPOSE FIRST 2 460 FL: ' Total Area: 2,460 Property Class: SPEC. PURPOSE- IMPROVEMENT Actual 11960 Effective 11985 Quality of Construction: GOOD-BASE Exterior Wall: GOOD BASE Interior Wall: GOOD-BASE Neighborhood: ICOA COMMERCIAL "A" CORE Top of Page Assessor Database Search Options Pitkin County Home Pace The Pitkin County Assessor's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor's Offices are unable to warrant any of the information herein contained. Copyright©2003 -2010 Good Turns Software. All Rights Reserved. Database& Web Design by Good Turns Software. '" Pitkin County Assessor Parcel Detail Information Assessor Property Search I Assessor Subset Query I Assessor Sales Search Clerk& Recorder Reception Search I Treasurer Tax Search Search Basic Building Characteristics I Value Summary Parcel Detail I Value Detail I Sales Detail Residential/Commercial Improvement Detail Land Detail Photographs Tax Area Account Number Parcel Number 20 00 Mill Levy 001 R012513 273718254002 26.708 Owner Name and Address ASPEN CORE VENTURES LLC C/O KATIE REED MGMT 418 E COOPER AVE#207 ASPEN, CO 81611 Legal Description Subdivision: BENTON BUILDING Unit: 2 Location Physical Address: 11521 E HYMAN AVE ASPEN Subdivision: BENTON BUILDING Land Acres: Land Sq Ft: I 0 2011 Property Value Summary Actual Va F Assessed Value Land: 0 0 Improvements: 1 529,950 Total: 1,827,400 529,950 e Sale Date: 1111/9/2010 Sale Price: 117,750,000 Basic Building Characteristics Number of Residential 0 Buildings: Number of Comm/Ind 1 " Buildings: Commercial/Industrial Building Occurrence 0 Characteristics OFFICE THIRD FLOOR: 11980 OFFICE SECOND FLOOR: 111,690 Total Area: 112,670 Property Class: 112245 Actual Year Built: 111987 Effective Year Built: 1987 Quality of Construction: GOOD-BASE Exterior Wall: GOOD BASE Interior Wall: GOOD-BASE Neighborhood: JFBENTON COMM CONDO "A" Top of Page Assessor Database Search Options Pitkin County Home Page u- The Pitkin County Assessor's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor's Offices are unable to warrant any of the information herein contained. Copyright©2003 -2010 Good Turns Software.All Rights Reserved. Database & Web Design by Good Turns Software. Pitkin County Assessor Parcel Detail Information Assessor Property Search I Assessor Subset Query I Assessor Sales Search Clerk&Recorder Reception Search I Treasurer Tax Search Search Basic Building Characteristics I Value Summary Parcel Detail I Value Detail I Sales Detail Residential/Commercial Improvement Detail Land Detail Photographs Tax Area Account Numbe7rF Parcel Number 2010 Mill Levy 001 R012512 273718254001 26.708 Owner Name and Address ASPEN CORE VENTURES LLC C/O KATIE REED MGMT 418 E COOPER AVE#207 ASPEN, CO 81611 Legal Description Subdivision: BENTON BUILDING Unit: 1 Location Physic 1521 E HYMAN AVE ASPEN S IBENTON BUILDING Land Acres: Land Sq Ft: 110 2011 Property Value Summary Actual Value Assessed Value Land: 0 E 0 Improvements: 3,367,100 F 976,460 �- 7Tota1: 3,367,100 F 976,460 P+ Sale Date: II11/9/2010 Sale Price: 17,750,000 ;, Basic Building Characteristics Number of Residential 0 Buildings: 4ti Number of Comm/Ind 1 Buildings: Commercial/Industrial Building Occurrence 0 Characteristics SPECIAL PURPOSE FIRST ,375 FL: 2 Total Area: JF2,375 Property Class: 2245 Actual Year Built: 1987 Effective Year Built: 1987 Quality of Construction: GOOD-BASE Exterior Wall: JIGOOD BASE Interior Wall: GOOD-BASE Neighborhood: BENTON COMM CONDO "A" Top of Pace Assessor Database Search Options Pitkin County Home Page The Pitkin County Assessor's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor's Offices are unable to warrant any of the information herein contained. Copyright©2003 -2010 Good Turns Software.All Rights Reserved. Database& Web Design by Good Turns Software. Pitkin County Assessor Parcel Detail Information Assessor Propegy Search I Assessor Subset Query I Assessor Sales Search Clerk&Recorder Reception Search I Treasurer Tax Search Search Basic Building Characteristics I Value Summary Parcel Detail I Value Detail I Sales Detail Residential/Commercial Improvement Detail Land Detail Photographs Tax Area Account Number Parcel Number 112010 Mill Levy 001 R000395 273718224004 26.708 Owner Name and Address ASPEN CORE VENTURES LLC C/O KATIE REED MGMT 418 E COOPER AVE#207 ASPEN, CO 81611 Legal Description Subdivision: CITY AND TOWNSITE OF ASPEN Block: 95 Lot: G AND:-Lot: Thru I Location Physical Address: I S HUNTER ST ASPEN Subdivision: CITY AND TOWNSITE OF ASPEN Land Acres: 0 LandSq Ft: 9,000 2011 Property Value Summary Actual V7aalueF Assessed Value Land: F 6,930,000 F 2,009,700 Improvements: �— 0 0 LI Total: I 6,930,000lL 2,009,700 Sale Date: [11/9/2010 :Sale Price: [17,750,000 Basic Building Characteristics Number of Residential Number of Comm/Ind 0 W Buildings: � No Building Records Found Top of Page Assessor Database Search Options Pitkin County Home Page The Pitkin County Assessor's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor's Offices are unable to warrant any of the information herein contained. Copyright(0 2003 - 2010 Good Turns Software. All Rights Reserved. Database& Web Design by Good Turns Software. E sy PeelO Labels i 4k MEN" Bend along line to i t 3 Avery®Template 51600 j i 'aper expose Pop-Up EdgeT"' j Attachment 8 )8 HUNTER LLC 4 SKIERS LP 517 EAST HOPKINS AVENUE LLC 30 WILLIAMS ST 1108 NORFLEET DR 517 E HOPKINS AVE DENVER,CO 80218 NASHVILLE,TN 372201412 ASPEN,CO 81611 520 EAST COOPER PTNRS LLC 610 EAST HYMAN LLC 630 EAST HYMAN LLC Q MIDLAND PARK C/O CHARLES CUNNIFFE 532 E HOPKINS AVE =SPEN,CO 81611 610 E HYMAN AVE ASPEN,CO 81611 ASPEN,CO 81611 633 SPRING II LLC ADESSO LLC AGRUSA LISA ANN 418 E COOPER AVE#207 614 E DURANT AVE 425 W 23RD ST#15-E 'PEN,CO 81611 ASPEN,CO 81611 NEW YORK,NY 10011 / K O K f,,,.jDERSON COMMERCIAL PROP LLC ANDERSON ROBERT M&LOUISE E C LLC 614 E DURANT AVE 1021 23RD ST C/ ATTI E REED MANAGMENT 418 E COOPER AVE APEN,CO 81611 CHETEK,WI 54728 ASPEN,CO 81611 F ':CADES ASSOCIATES LTD LLC ASPEN ART MUSEUM ASPEN CORE VENTURES LLC C 3 KRUGER&CO C/O KATIE REED MGMT 4 E HYMAN AVE 590 N MILL ST 418 E COOPER AVE#207 ASPEN,CO 81611 ASPEN,CO 81611 ASPEN,CO 81611 4SPEN GROVE ASSOCIATES LLP ASPEN PLAZA LLC M&W PROPERTIES ASPEN GAUD EL LLC PO BOX 1709 Z i S MILL ST#301A CO N T GROVE RD C/O STEVE MARCUS 45'1PEN,CO 81611 COCONUT GROVE,FL 331336530 ASPEN,CO 81611 ASPEN RETREAT LLC ASPEN SQUARE VENTURES LLP AV STEIN LLC 19.08% i5'16 E GAINSBOROUGH CIO M&W PROPERTIES 601 E HYMAN AVE i DTTSDALE,AZ 85251 205 S MILL ST STE 301A ASPEN,CO 81611 ASPEN,CO 81611 &'d ONION VENTURES II LLC 8.208 AVP PROPERTIES LLC BASS CAHN 601 LLC 01 E HYMAN AVE 630 E HYMAN AVE#25 PO BOX 4060 ,f"EN,CO 81611 ASPEN,CO 81611 ASPEN,CO 81612 f TLE GERALD LIVING TRUST BERN FAMILY ASPEN PROPERTY LLC BERSCH BLANCHE TRUST I.,,4DN BURT LIVING TRUST , 944 PARK AVE 14TH FL 9642 YOAKUM DR O BOX 2847 NEW YORK,NY 10028 BEVERLY HILLS,CA 90210 EWPORT BEACH, CA 92659 IF`'YELL BERT INVESTMENT CORP BISCHOFF JOHN C BLACK HAWK ASPEN LLC 3' i PEACHTREE RD#427 502 S VIA GOLONDRINA ROECLIFFE COTTAGE JOE MOORES LN rLANTA, GA 30305 TUCSON,AZ 85716-5843 I',�(4��`a` WOODDHOUSE EAVES LEICESTERSHIRE 12 8TF ENGLAND, L,jettes faciles a peler A Repliez h la hachure afin de i www.averycom tilisez le gabarit AVERY®5160 i cha Sens de Bement reveler ie rebord Pop-UpTM j 1-800-GO-AVERY 1 Easy Peel®Labels i A Bend along line to o AVERY®51600 Use AveryO Template 51600 1 -ed Paper expose Pop-Up EdgeTM BLAU JEFF T BOOGIES BUILDING OF ASPEN LLC >I C/O RELATED COMPAINES C/O LEONARD WEINGLASS 9610 SYMPHONY ONY MO 60 COLUMBUS CIRCLE FL 19 534 E COOPER AVE 9610 SYMPHONY MEADOW LN r VIENNA,VA 22192 NEW YORK,NY 10023 ASPEN,CO 81611 r BPOE ASPEN LODGE#224 BRAND BUILDING CONDO ASSOC BRONSON RICHARD L TRUST 50% 210 S GALENA ST#21 205 S GALENA ST 4510 NE DELAMAR PL ASPEN, CO 81611 ASPEN,CO 81611 LEES SUMMIT,MO 64064 CALGI RAYMOND D CAVES KAREN W CHATEAU ASPEN CONDO ASSOC 134 TEWKESBURY RD 1 BARRENGER CT 630 E COOPER AVE SCARSDALE,NY 10583 NEWPORT BEACH,CA 92660 ASPEN,CO 81611 CHATEAU ASPEN UNIT 21-A LLC CHISHOLM REVOCABLE TRUST COASTAL MOUNTAIN INVESTMENTS 421 ASPEN AIRPORT BUSINESS CTR LLC STE G 3725 N GRANDVIEW DR 2519 N MCMULLEN BOOTH RD#510-307 ASPEN, CO 816113551 FLAGSTAFF,AZ 86004-1603 CLEARWATER,FL 33761 COASTAL MTN PROPERTIES LLC COLORADO CABLE COOPER STREET DEVELOPMENT LLC it 2639 MC CORMICK DR - 500 PRESIDENT CLINTON AVE#310 C/O PYRAMID PROPERTY ADVISORS CLEARWATER,FL 33759 LITTLE ROCK,AR 72201 418 E COOPER AVE#207 ASPEN,CO 81611 w '10TTONWOOD VENTURES I LLC COTTONWOOD VENTURES II LLC COX JAMES E&NANCY 119 E HYMAN AVE ATTN JANA FREDERICK C/O KRUGER&CO NSPEN,CO 81611 300 CRESCENT CT#1000 400 E HYMAN AVE rrt DALLAS,TX 75201 ASPEN,CO 81611 )ALY CAROL Y REV TRUST DIBRELL CHARLES G JR&FRANCES ECCHYMOSIS LLC 1155 LONE PINE RD C-11 24 ADLER CIR 4802 E 2ND ST#2 \SPEN,CO 81611 GALVESTON,TX 77551-5828 LONG BEACH,CA 90803 :LLERON CHEMICALS CORP ERGAS VENESSA BLAIR&CLAUDE EXELCEDAR INC 20% 21 N POST OAK LANE#205 PO BOX 4316 534 E HYMAN AVE IOUSTON,TX 77024 ASPEN,CO 81612 ASPEN,CO 81611 IIII1 EHR EDITH B REVOCABLE TRUST FERRY JAMES H III FITZGERALD FAMILY PARTNERSHIP LTD 43 FOX RUN DR BOX 167 C/O PITKIN COUNTY DRY GOODS LLC ARBONDALE,CO 81623-8502 GLENCOE, IL 60022-0167 520 E COOPER ASPEN,CO 8R _Y MARIE N FORD ANN MICHIE FURNGULF LTD 147 PEBBLE POINTE 216 WAPITI WAY A COLO JOINT VENTURE 'BLOOMFIELD,MI 48322 BASALT,CO 81621 616 E HYMAN AVE Mfr ASPEN,CO 81611 quettes faciles a paler ; 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NH ONION VENTURES II LLC 16.918% NIELSON COL STEVE&CAROL D NJ STEIN LLC 52.98% 601 E HYMAN AVE 501 S FAIRFAX 418 E COOPER AVE#207 1w ASPEN,CO 81611 ALEXANDRIA,VA 22314 ASPEN,CO 81611 NONNIE LLC NORDAN JOSH OLITSKY TAMAR G&STEPHEN L ' 330 E HYMAN AVE 433 PLAZA REAL#275 PO BOX 514 4S PEN,CO 81611 BOCA RATON,FL 33432-3999 GWYNEDD VALLEY,PA 19437 &L PROPERTIES LLC PEARSON REBECCA J PETERSON CHRISPY&JAMES E 101 S 3RD ST#360 1610 JOHNSON DR 867 HAVEN CREST CT NORTH 3RAND JUNCTION,CO 81501 STILLWATER, MN 55082 GRAND JUNCTION,CO 81506 w 'ITKIN CENTER CONDO OWNERS PITKIN COUNTY BANK 80% PLATNIUM GLOBAL VENTURES LLC OP ;17 W 534 E HYMAN AVE 344 PROSPECT ST#D ASPEN,CO 81611 17 W NORTH ST ASPEN,CO 81611 ��1iVl t� LA JOLLA,CA 92037 ANI` tiquettes faciles a peter ; Repliez A la hachure afin de i www.avery.com Itilisez le gabarit AVERY®51600 i chSens dent reveler le rebord Pop-UpTM 1 1-800-GO-AVERY 1 C'sy Peeler Labels i k � Bend along line toTM i D AVERYO 5160a a Avery@ Template 5160® j aPer expose Pop Up Edge j ® 1 ORTE BROOKE PRADA USA CORP RAHLEK LTD AT BANK OF AMERICA ;:520 PADDOCK RD C/O GIORGION RIGHETTI,CFO 3903 BELLAIRE BLVD WESTON,FL 33331-3521 610 WEST 52 ST HOUSTON,TX 77025 NEW YORK,NY 10019 RANKMORE KEVIN L&JASMINE RED FLOWER PROP CO PTNSHP RED ONION INVESTORS LLC 65.784% 0 BOX 168 14 E 60TH ST#1200 C/O KATIE REID MGMT JELLINGTON NSW 2820 AUSTRALIA, NEW YORK,NY 10022-7114 418 E COOPER ST ASPEN,CO 81611 REICH DANIEL S TRUST 20% REICH MELVIN L TRUST 80% REVOLUTION PARTNERS LLC 6,RINCON ST 4609 SEASHORE DR PO BOX 1247 .VINE,CA 92702 NEWPORT BEACH,CA 92663 ASPEN,CO 81612 3 COOPER ST 4.83% RG ONION VENTURES II LLC 4% RONCHETTO LYNN A 10 RONALD GARFIELD 601 E HYMAN AVE 320 E 42ND ST#101 601 E HYMAN AVE ASPEN,CO 81611 NEW YORK,NY 10017 OPEN, CO 81611 ASS BARBARA REVOCABLE TRUST ROSS JOHN F ROSS ROGER A REVOCABLE TRUST O BOX 594 7600 CLAYTON RD PO BOX 770487 HANALEI, HI 96714 ST LOUIS, MO 63117 STEAMBOAT SPRINGS,CO 80477 PIJBENSTEIN ALAN B&CAROL S RUTLEDGE REYNIE S&S REALTY PARTNERS LLC OLDFIELD DR 51 COUNTRY CLUB CIR 1040 FIFTH AVE#2C f: lERBORN,MA 01770 SEARCY,AR 72143 NEW YORK, NY 10028 SANDIFER C W JR TRUST 50% SCHEUERMAN JOANNE E SCHNITZER KENNETH L&LISA L 2,�O LINDEN DR 200 LOCUST ST#23A 2100 MCKINNEYAVE#1760 E ULDER,CO 80304 PHILADELPHIA, PA 19106 DALLAS,TX 75201 3,AiROEDER FAMILY TRUST SCHULTZE DANIEL G SEGUIN JEFF W&MADALYN B TRUST t GREENWOOD CT 7711 WESTMINISTER PO BOX 8852 "INDA, CA 94563 BYRON CENTER,MI 49315 ASPEN,CO 81612 i 3UIN MARY E TRUST SH ONION VENTURES II LLC 2.19% SHUMATE MARK :44 LORING ST#155 601 E HYMAN AVE 1695 RIVERSIDE RD ,AN DIEGO,CA 92109-2347 ASPEN,CO 81611 ROSWELL,GA 30076 ;I' /ER DIP EQUITY VENTURE LLC SILVER SLAM COMMERCIAL LLC SJA ASSOCIATES LLC 1 3 MCKINNEY STE 1760 C/O RELATED COMPANIES/JEFF BLAU 418 E COOPER AVE#207 IALLAS,TX 75201 60 COLUMBUS CIR f ' ASPEN,CO 81611 NEW YORK,NY 10023 t `uettes faciles a eler ; 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The accuracy may change 457 -f °; fit' ` 501 depending on the enlargement or reduction. 1 r 205 zoa a�"s`" 60 "East HOpkin`` his x 41A 5. B• ilf' I 57 ST OP INSAV N E • a* Copyright 2012 Aspen/Pitkin GIS v 209 c Loluoo cAe ye o sdale wnn omes a „�t53 „� ASPEN PLAZA LL Thu,Jan 26,2012 12:79 PM C:1GIS\9isdatalBaslcMap.mztl r - 21.1 r '' $ •" '+� s... &' 601E S HOPKINS CONOq ASSOC' a,+w"il.uab,;;Yys � Z FI PM ��--..ff . WHE BL 'BUILDI G C ».' " co ,. .:'L.•+•+� +. ,;, .. �' ( '^;. TAMARAW ODB `DING'C O"SSOC.. U1 B OND ASSO MAS N 6.M0 EpINC *� _ - t 21r7 SJAA O IATE L'CC " '' . UJ I 0 4�9"dwir: Ta ara 00 UI i ' TAYL R IL INVESTME T' 630 � '.•+ Ot9e I I 510 PITKI COON B N 6 0 5� LP 51a' I, '° ,t. G70 U GULFL •700 702 `'!» ,• 516 520 . . s ... P t In Centt:r � ,_ sT rIY I Lc _ It 0,414 i. 432 - .: , ^° 420;& VE S I COM RCA LL 6021rpg 608 `..:)„..° 426 428 430 PITKIN C TER• NDO• SS C •- fir' w......�..�� E HYMAN AVE y„o.y.R D 50 433n 409 412' 19 4311 303 505 ( ,.•- 4 521 r.. 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"" HUN RPLAZAAS OCWTES LLP 'p �g 430m asar # OC P LLC 520 5 4 t { 7G� X408 jgl 420 422 424 32C; Ar r�ls 60p'602 G20" `° CHATEAU N—OW N AS E COOPER AUE +405 `w 419, w. � T, 29»433 _y INDEPEND GEt5QUALREyCO D ! — 529531 533 535 pY- � z + 525 ,60T,,. 607 60�J 61d'613;61.7`' 'R', ,, .+*�^' 447°i ��: •" � _.:# j� 6351666 675"".,r 685 402 402 605 S OV ASSOCI ES LP 40.7. 4 404 11 J STEIN LLC 52.B � '� D •Uar , In p e Ge i 406 409 .d ASPEN SQUARE CONDO ASSOC BLD S 424 T 7-7711, 1!•426 , Attachment 9 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Chris Bendon,429-2765 DATE: 7.20.11 PROJECT: Hunter/Hyman REPRESENTATIVE: Stan Clauson,Stan Clauson and Associates,925-2323 DESCRIPTION: The prospective applicant is interested in redeveloping the vacant parcel at the corner of Hunter and Hyman and the two adjacent commercial buildings to the west. The properties are not designated as historic structure,but are located in the Commercial Core Historic District. The new building(s) would contain commercial, free-market residential, and affordable residential uses, with underground parking access from the alleyway. The applicant is not expecting to request zoning variances. The project will require conceptual commercial design review prior to an application for growth management. Staff suggests the following sequence of reviews: HPC—Conceptual commercial design review;Conceptual major development;demolition within the CC historic district P&Z—Growth management review for new commercial,free-market residential, and affordable residential; recommendation to City Council for subdivision Council—Subdivision review HPC—Final commercial design review; Final major development Certain submission dates for growth management applications apply. The project will be reviewed under the Land Use Code in effect upon submission of the first application within this sequence as long as the project remains active. Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 26.412 Commercial Design Review(Conceptual and Final to be reviewed by the HPC) 26.415.070.D Certificate of appropriateness for major development. (Conceptual and Final by HPC) 26.415.080. Demolition of designated historic properties. (The properties are not designated, but are within the CC Historic District) 26.470 Growth Management Quota System 26.470.070.4 Affordable Housing 26.470.080.1 Expansion or new commercial development 26.470.080.2 New free-market residential units within a mixed-use project 26.470.110 Growth Management Review Procedures 26.480 Subdivision (for merging lots and the development of multiple dwelling units) 26.515 Parking 26.610 Impact Fees 26.620 School Lands Dedication 26.710.140 Commercial Core Zone District Review by: Staff for complete application Referral agencies for technical considerations Public Hearing: Yes— HPC, P&Z, and City Council. Staff will publish notice in the newspaper; applicant is responsible for posting and mailing notice. Planning Fees: $2,940 (for 12 hours of staff time, additional hours are billed hourly at$245.00 1hour) Referral Fees: $820; Housing and Engineering at$410.00. (flat fees due with GMQS aplication) Total Deposit: $2,940 for each of three submission phases. (HPC; PZ/CC; HPC)An additional $820 is due with the PZ/CC application. Note—the fees due will be according to the applicable fee policy at submission of each phase and may differ from those cited here. To apply,submit the following information ❑ Proof of ownership with payment. ❑ Signed fee agreement. ❑ Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. ❑ Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, 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. ❑ Total deposit for review of the application. ❑ 15 Copies of the complete application packet and maps for HPC submission 25 Copies of the complete application packet and maps for P&Z+ Council submission ❑ An 8112"by 11"vicinity map locating the parcel within the City of Aspen. ❑ Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. (This requirement as discussed previously will be waived by the Community Development Department if the project is determined not to warrant a survey document. Please submit a letter confirming there are no easements that are being built upon). ❑ A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. List of adjacent property owners within 300'for public hearing ❑ 3-D digital model of the project, sketch-up preferred. ❑ Copies of prior approvals ❑ Applications shall be provided in paper format(number of copies noted above)as well as the text only on either of the following digital formats. Compact Disk(CD)-preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. 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. F,