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HomeMy WebLinkAboutLand Use Case.HP.420 E Hyman Ave.0007.2012.AHPCI - 0007.2012.AHP 420 E. HYMAN AVE ~ HPC COMMERICIAL DESIGN REVIEW ' \ 66>( d P- 3, , laae 39 .23 , /C1 'A ./Ilinlilli- 225 € 0114 'Ek\34 '<L_ h Ce C ' - 2 2-~-c f«. 4-u« - ~/14---«/ UNLIbalmm...22~ 4 1-~ Ar·g v--7 4 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0007.2012.AHPC PARCEL ID NUMBERS 2737 073 39 801 PROJECTS ADDRESS 420 E. HYMAN AVE 24 1 1--- PLANNER AMY GUTHRIE CASE DESCRIPTION HPC COMM DESIGN REVIEW REPRESENTATIVE CHARLES CUNNIFFE DATE OF FINAL ACTION 11/23/12 CLOSED BY ANGELA SCOREY ON: 12.4.12 - RE :-, VED ATTACHMENT 2 -LAND USE APPLICATION 4/44 0 3 20/2 PROJECT: CITY OF ASPEN COAIUUNITY Dr. Name: cDOVI KE GOA)07€6) 1/0/UNI 1 CM, LLC. c€l,)4(2~9 Location: 410 2 : 4»1 M j Ave:. Al:eF:f 4 C©, (Indicate street address, lot & block number, legal destription where appropriate) Parcel li) # (BEQUIRED) LOT- 0 2>UD CEL 88:, 02./ 66/ A/,4-6 45·f>EN TD DVA] S / 7-11 APPLICANT: Name: d o HN 64.6: 1277 4 Address: ¥36, EK. '19 -1 , Glf.FNE]b\Athl 9 34·8 AJFM/ 7..PALA# 'CL 4 Phone #: Oll ' 0495 441 - I414- REPRESENTATIVE: Name: C ¥.99¥2.1£6 CO/UA// FFE :,9>47/-97 779?ST FE Address: 610 E HYMAN AVE Phone #: 0-to 4 9 4 6 . ACAA ..#t,0 t TYPE OF APPLICATION: (please check all that apply): GMQS Exemption U Conceptual PUD El Temporary Use GMQS Allotment D Final PUD (& PUD Amendment) U Text/Map Amendment Special Review U Subdivision U Conceptual SPA ESA - 8040 Greenline, Stream U Subdivision Exemption (includes 2 Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane 9 Commercial Design Review U Lot Split U Small Lodge Conversion/ Expansion U Residential Design Variance D Lot Line Adjustment U Other: U Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) keY'577/46· OSAft.//rt «0/.27·.t /1€/9:~r.1,0,te.)77.46 .EU/(1-0/A./€80 f 1 73 89 /7/VOL/,990?0 0 PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) NFV\) 0,0/991*17 1.Jon¢519 OP: 731€?rE STOP>f AND 38AaE,51£#trT Have you attached the following? FEES DUE: $ ~ Pre-Application Conference Summary Attachment #1, Signed Fee Agreement ~ Response to Attachment #3, Dimensional Requirements Form Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards U 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. muum P=021 2,7 37- 073 - 69 -SOC 0607-2-0/2·AH-PCL 4 1 ..1 Ad U 1. .-fljilf' Fib Elt RE[rd N@vig*. Flm Re@* For# 2 *4 ~ 1.1,1.1 i# PX, '74.~i,iQ-0 344 hi i /,0 f iANNIpt ~41*¥1 x13327 j #I RD#gitatia |Feet |Fe851=Y ~*6 Attadilerts|Raibg*111' Yi•Im Ard#ig |Cian[* iubter,b Parc¢ 1 9 1 ,2 141,4, 310 v jAspen littland Use Permt# 001]12012AIK ~- ' Adis 420 EHYMAN AyE .@* 1 , -1 R ay ASPEN iatepnF] * 81611-1920 ~ f Pmt Idom~on f MI*P,Int hjttlgqueue las•.07 ~ Appled ~8012 ] 1 HOR Stabs mncnng Amd I 0 1 f ®® APPLICATIONFOR COMME@CIAL MmN REYENK BEW - ] aosed/Ful vi E: 5Nted SCOT *TH (kk ~4| * Fl E#e; b*2013 4 ' Wd¥13 9 I Owner Ldn. 01:LLC 1 MINE JOHN MARTN ODS.Vt[ ST *ROOR Phone I)- Adkess *il (A81611 i 4*al E OWE is 8#3nl? 0 Contactoris ap*caN? Latmle CM, LLC Rtne MIIARTI 2115. lill ST i 30 FLOOR ' #me<)- (®# 29231 Wess ASPEN CA@1611 1 lerIN lat name ~ Frst nam ~ Addressl · 1 ----- D#FUE®Ib~':dia . Asio~ 1/*: ~11.011 O[6?ff 2 9--3 0 "~41-6-2.-LJ ~.M #47/ 1+10-00 1 --1-2 2 3 le Lp U tt . C ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project.. fix>'Vt;'le.c Ca:'~. 4 4 j¢- f f\,f f:jf I Applicant: 1 //)03 6 7 ,<,:.ili>42 77,/ .7 , Location: / .OT O .14*(.Adlf' .AA <97'.,Pdr.3 f:fA/l... A,¢90Ff.1 ~973 #V/1.1,3; 7..8 Zone District: C C - Lot Size: 440£ >< / C)43 k i Lot Area: 93.069 tb, F. t (forthe 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: 42541.6~Proposed: 4 * 585 4 Number of residential units: Existing: '23 Proposed: 1 Number of bedrooms: Existing: 4 Proposed: 5 -s- ·24] 1 li 3FM Proposed % of demolition (Historic properties only): 3/A DIMENSIONS: Floor Area: Existing:£1#5CZA-~ Allowable: 8.,lE£)4 Proposed: 1 ,9 4 \ # Principal bldg. height: Existing: 9.I ,41 'Allowable: 42 ' Proposed: 40' Access. bldg. height: Existing: ,X/6 Allowable: 144 Proposed: AJA On-Site parking: Existing: O Required: 4, (0 proposed: '2- - % Site coverage: Existing: 59,4,91 Required: 0 Proposed: la. 421 % Open Space: Existing: 40,43>6 Required: 6 Proposed: 9-\,4-14 Front Setback: · Existing: 1 1 Required: tl Proposed: 0 Rear Setback: Existing: O Required: 'O Proposed: 9 0 Combined F/R: Existing. O Required: 0 Proposed: .r -4 WEST Side Setback: Existing: 4 Required: d Proposed: d / 4 W £20]~:ST Side Setback: Existing. O Required: C# Proposed: Cl Combined Sides: Existing: 41 Required: Q ' Proposed: 0 7 4 9\7 Distance Between Existing MA Required: AJA Proposed. FIA Buildings Existing non-conformities or encroachments: At <3 /!14 6 Variations requested: A 1/'.2, p g. , 'r - ·'·1 1 4 ' AU-Ef 1 28. 1 -- '0 ... 113.0, 106. 1 1 7hIC,• Eza 0 *., R. W =12 28 loG•SaFT. 1 2, "AIRS 7.3 I - 40 0 6- , · /'5' 2-·i 4114- 5 SCALE f 4 i Aqi + % 1-: 3 2= 311. sa. FT. e i - .1 0 5 = :1· al ttfib .6. 2- r 940 .+%) h I UmT m -5 0 5 =--:-7- 5',/~I.=//4./.--/-~ Lili If'll' ..1 . *L - IP.-1.*al I UNI. 201 0 . .Cy. 50.. -6 ~ 444*1 I - 1 -giwi'Z<,/6,31'. E :-i-- ...CES' ./ BC'LER' SMLER ' - 1».. /,9, 0, / 13, I. 7.-- 1*W./ UN~ . I. d.. - 7 36 i I.„4% f i 9- 1 901 L _u, i _ 1.6. 1, i ' Ek//L: 1 -2- . 4 · m . .1 - .0.-Il:'===77====3===7= 11· : It·,9 ...., h,/ r'' ./ ~ ./ | I STAIMWAY . ~ *1 f / f 5-4 J#At 7 -»r/541*/M,~*:/ j %4-9 0 ~ =1236'14,: u 'lit,I - *-- 68*WL 1 ,cniso./ I UNIT zo, . ,/ U'IT '01/ ./ 5. . 1 :ti///////3 4 FAce 4 ,/044/2/1 / --cr -· u.,rt.zini-.97-* - MAI-LI BASEMENT .I ST FLOORY · 2· ND FLOOR '_COMMERCIAL : . - 2».GEMEENT , 1 o *711 6, F=, J f=/126¥ Ffl-227/- 1,524 6,F, 26=COMP-»400;2- I 53, i 1 -6, FZ 0 192EE lvIA#ZILET 12€SIOENT/AL- 1 SECONC) F!-0012. r 1 / 1.91 S,F=- TOTAL -- 4824 6.F, -420 5*H*IAN A/E ' S¢!STI NG CONOI -nONS W /4.L Haots 39+0*1 2236/ i To: L.Dates Page 2 of 11 < 2005-07-20 15:57:18 (GMT) 18667280291 From: Stewart Title of Aspen American 1.and Tille Association Commitment - 1982 TITLE INSURANCE COMMITMENT BY F stewart .title guaranty company Order Number: 43702-C2 We agree to issue policy to you according to the terms of the Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commilinent Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be linder the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-I The Exceptions in Schedule B-II. The Conditions on Page 2. This Comniitment is not valid without SCHEDULE A and Sections I and II of SCHEDULE B. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to bc hereunto affixed by its duly authorized officers on the date shown in Schedule A. stewart '- -·--- title gunre/ty co,'nparly AN.1-6% , #y. to.,O......Ca %*086f: cu.,f~£440 Chal,man or the~Bosid / (12 -*- Wi;3 pre,ideat L .Ci. 1908 20/ \022/ Countersigned: Authorized Countersignature Stewart Title 01'Aspen, Inc. 620 East Hopkins Avenue Aspen, COH]6] 1 Order Number: 43702-C2 Page I of 2 Commitinent -- 235 W/O Disclosure To: L.Dates Page 3 of 11 < 2005-07-20 15:57:18(GMT) ~ 18667280291 From: Stewart Tltle or Aspen .. CONDITIONS 1. DEFIN11'IONS (a) "Mortgage" means mortgage, dced of trust or other security instrument. (b) "Public Records" means title records that five coiistructive notice of matters affecting your title - according to the state statutes where your land is located. 2. LATER DEFECTS The Exceptions in Schedule B - Section 11 may be amended to show any defects, liens or encumbraticcs that appear for the first time in tile public records or are created or attached between the Commitment Date and the clare on which all of the Requirements (a) and (c) of Schedule B - Section I at-cinct. Weshallhave noliability to you because of this ainendment 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, wc may amend Schedule B to shown them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF LIABILITY Our only obligation is to issue to you the policy referred to in this Commitment when you have met its Requirements. If we have any liability to you for any loss you incur because of an error iii this Commitment, our liability will be liinited lo your actual loss caused by your relying on this Commitment when you acted in good faith to: Comply with the Requirements shown in Schedule B - Section I. or Elinlinate with our written consent any Exceptions shown in Schedule B - Section I[. We shall not bc liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terins of the Policy fonn to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim whether or not based on negligence, which you may have against us concerning the title to the land must bc based on this Commitment Order Number: 43702-C2 Page 2 0 f 2 Coinmitincm - 235 \VO Disclosure To: L.Oates Page 4 of 11 4 2005-07-20 15:57:18 (GMT) 18667280291 From: Stewart Title of Aspen .. COMMITMENT FOR Tll'LE INSURANCE SCHEDULE A Effective Date: July 11,2005 at 7:30 a.in. Order Number: 43702-C2 2. Policy or Policies To Be Issued: (X) ALTA (1992) Owner's Policy Amount: $3,800,000.00 C ) Standard (X) Extended Premium: $2,558.00 Proposed Insured: CM, LLC, a Colorado limited liability coinpany (X) ALTA 1992 Loan Policy Amount: $2,500,000.00 C ) Standard (X) Extended Premium: $100.00 Proposed Insured: Alpine Bank, its successors und/or assigns 3. Tlie estate or interest iii the land described or referred to iii this Commitment and covered herein is: Fee Simple 4. Title to the estate or interest in said land is at the effective date hereof vested in: The George A. Vicenzi Trust, dated April 6,1996 as to ati undivided 2/8th interest, Albert Kern as to an undivided 3/gti' interest and th William R. Dunaway as to an undivided 3/8 interest 5. The land referred to in this Commitment is described as follows. Sec "Exhibit A" attached hereto Statement of Charges Examiner Name: Chuck Dorn Policy premillins sllown above, and any charges shown below are due aix] payable before a policy can be issued. Reissue Rate Tax Certificate $ 20.00 Forni 110.1 (Owners) $ 150.00 Fonn 100 $ 50.00 Form 8.1 $ 50.00 Form 110.1 (Lender) $ 75.00 To: L.Oates Page 5 of 11 2005-07-20 15:57:18 (GMT) 18667280291 From: Stewart Title of Aspen ( C .. EX11IBIT "A" Units 101, 201,202,203,301,302,303 and 304 DUVIKE CONDOMINIUM, according to the Condominium Map thereof recorded June 4, 1981 in Plat Book 11 at Page 61 as Reception No. 233278, and as defined and described in the Condominium Declaration for Duvike Condominium recorded June 4,1981 in Book 409 at Page 355 as Reception No. 233277, TOGETHER with non-exclusive, perpetual access as set forth iii Agreement recorded May 20, 2003 as Reception No. 483036. County of Pitkin, State ofColorado To: L.Oates Page 6 of 11 2005-07-20 15:57:18 (GMT) 18667280291 From: Stewart Title of Aspen .. SCHEDULE B -Section 1 REQUIREMENTS Order Number: 43702-C2 The following arc the requirements to be complied with: ltem ta) Payment to or for tile account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: 1. Statement of Authority for 7'he George A. Vicenzi Trust, dated April 3,1996 pursuant to the provisions of Section 38-30-172 C.R.S,, and must contain the following: (a) The name ofthe entity; (b) The type of entity and the state, country, or other governmental authority under whose laws it was formed; (c) A mailing address for tlie entity; and (d) The name or positions of the person authorized to execute instruments conveying, encumbering, or other wise affecting title to real properly on behalf of Llie entity, and any limitations that may exist upon the authority of the person named. 2. The following is required with respect to CM, LLC, a Colorado Limited Liability Company: a. Satisfactory evidence furnished by the Secretary of State in which Articles were filed, confinning that said Limited Liability Company is in good standing. (i.e., Certificate of Good Standing, or copy of Articles of Organization bearing file stamp from the Secretary of State.) b. Copy ofthe Articles of Organization of said Limited Liability Company. c. Copy oftlie Operating Agrcement of said Limited Liability Company. NOTE: If any Managers are themselves partnerships trusts, limited liability companies or corporations, additional requirements will be necessary. 3. Evidence satisfactory to Stewart Title Guaranty Company, furnished by the Office of the Director of Finance, City o f Aspen, tliat the following taxes have been paid, or that conveyance is exempt from said taxes: (1) The "Wheeler Real Estate Transfer Tax" pursuant to Ordinance No. 20 (Series of 1979) To: L.Oates Page 7 of 11 2005-07-20 15:57:18 (GMT) 18667280291 From: Stewart Title of Aspen .. and (2) Tlie "Housing Real Estate Transfer Tax" pursuant to Ordinance No. 13 (Series of 1990). 4. A. Certificate of non-foreign status, duly executed by tile seller(s), pursuant to Section 1445 ofthe Internal Revenue Code AND B. Satisfactory evidence of the seller(s) Colorado residency (or incorporation) pursuant to Colorado House Bill 92-1270. NOTE: Section 1445 of the Internal Revenue Code requires withholding oftax from sales proceeds if the tiansferor (seller) is a foreign person or entity. Colorado House Bill 92-1270 may require withholding of tax from sales proceeds if the seller(s) is not a Colorado resident. Detailed infonnation and Forms are available from Stewart Title. 5. Deed from vested owner, vesting fee simple title in purchaser(s). 6. Indemnity and Affidavit as to Debts, Liens and Leases, duly executed by the seller and buyer and approved by Stewart Title of Aspen, inc. 7. Deed of Trust from tlie Borrower to tlie Public Trustee for the use ofthe proposed lender to secure the loan. To: L.Gates Page 8 of 11 2005-07-20 15:57:18 (GMT) 18667280291 From: Stewart Title of Aspen f SCHEDULE B - Section 2 EXCEPTIONS Order Number: 43702-(2 The policy or policies to be issued ivill contain exceptions to the following unless the same are disposed of to the satisfaction o f the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easeinents, or claims ofeasements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of tbe premises would disclose and which are not shown by 11ie public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires o f record for value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights, claims or title to water. 7. Any and all unpaid taxes and assessments and any unredeemed tax sales. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 8, Exceptions and reservations as set forth in the Act authorizing the issuance of the Patent for the City and Townsite of Aspen recorded March 1, 1897 in Book 139 at Page 216 as Reception No. 60156. 9. Terms, conditions, obligations and provisions of Resolution No. 6 (Series of 1973) as set forth in instrument recorded April 3, 1973 in Book 274 at Page 217 as Reception No. 158616. 10, Terms, conditions, obligations and provisions of Statement of Exemption from Subdivision Regulation as set fortli in instrument recorded June 4, 1981 in Book 409 at Page 353 as Reception No. 233276. To: L.Oates Page 9 of 11 2005-07-20 15:57:18 (GMT) , 18667280291 From: Stewart Title of Aspen C 4 11. Terms, conditions, obligations, provisions and easements of Condominium Declaration for Duvike Condominium as set forth in inst-ujnent recorded June 4, 1981 in Book 409 at Page 355 as Reception No. 253277. 12. Easements, rights of way and other matters as shown and contained on Condominium Map of Duvike Condomitiiums recorded June 4, 1981 in Plat Book 11 at Page 61 as Reception No. 253278. 13. Terms, conditions, obligations and provisions of Agreement between Walter Birk, Frank J. Woods, III, Walter Hampel, Jr., Larry Ferguson and Loma Alto Corporation, a Texas corporation and Williain R. Dunaway, Albert Kern and George Vicenzi as set fortli in instrument recorded May 20,2003 as Reception No. 483036, NOTE: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII reqlures that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided tliat Stewart Title o f Aspen, Inc. conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Policy when issued. NOTE: Policies issued hereunder will be subject to the terms, conditions, and exclusions set forth iii the ALTA 1992 Policy fonn. Copies of the 1992 form Policy Jacket, setting forth said tenns, conditions and exclusions, will be inade available upon request. ' To: L.Oates Page 10 of 11 2005-07-20 15:57:18 (GMT) 18667280291 From: Stewart Title of Aspen £ 4 DISCLOSURES Pursuant to C.R.S. 10-11-122, noticeis hercby given that: A. The subject i-cal property maybelocated in a Special Taxing District; B. A Certificate of Taxes due listing each taxing jurisdiction sliall be obtained form the County Treasurer or the County Treasurer's authorized agent; C. Information· regarding Special Districts and tlic boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title of Aspen, hic. conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may bc available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment forni the Owner's Policy to be issued) upon compliance with the following conditions: A, The land described in Schedule A of this commitment must be a single family residence, which includes a condonlinium or townhouse unit. B. No labor or materials have been furnished by mechanics or matcrialmen for purposes o f construction on the land described iIi Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying Lhe Company against unfiled mechanic's and inaterialmen's liens. D. The Company must receive payment of the appropriate premium. E. If there ·has been construction, improvements or major repairs undertaken on the property to be purchased, wit]1in six months prior to the Date of Commitment, tlic requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or tlic contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SA'1'ISFIED. File Number: 43702-C2 Stewari Title of Aspen. Inc. Disclosures Page 1 of 1 ' To: L.Oates Page 11 of 11 2005-07-20 15:57:18 (GMT) 18667280291 From: Stewart Title of Aspen ( . PRIVACY POLICY NOTICE PURPOSE OF THIS NOTICE Title V of the Grumin-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nom)ublic personal information about you with a noiiaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of infomiation that it collects about you and the categories ofpersons or entities to whom it may be disclosed. In compliance witt] the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Stewart Title of Aspen, Inc. and Stewart Title Guarality Company We may collect lionpublic personal infonnation about you from the following sources: • Information we receive from you, such as on applications or otlier fonns. • hit'ormation about your transactions we secure from our files, or from our affiliates or others. • Information wc receive from a consumer reporting agency. • Information that wc receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, 110 additional nonpublic personal infunnation will bc collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to tionaffiliated third parties as permitted by law. Wc also may disclose this information about our customers or fonner customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom wc have joint marketing agreements: • Financial service providers such as companies engaged in banking, consumer finance, securities and illsurance. • Non-financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT lS NOT SPEC1FJCALLY PERMITTED BY LAW. We restrict access to nonpublic personal infonnation about you to those employees who need to know that infornation iii order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal informatio11. File Nun,ber: 43702-C2 StcH art Title <,f'Aspen, 1 lie. Privacy Policy Notice Page I of I . I CITY OF ASPEN GENERAL SUMMARY PLANNER: Sara Adams, 429-2778 DATE: 2.29.12 PROJECT: 420 E. Hyman Street REPRESENTATIVE: Charles Cunniffe and Scott Smith of Charles Cunniffe Architects, 925-5590 DESCRIPTION: The potential applicant is interested in a scrape and replace project at 420 East Hyman Street on the Hyman Pedestrian Mall. The property is located within the Commercial Core Historic District and is not a local landmark. The Historic Preservation Commission has purview over the design of the project due to its location within the District. The existing mixed use building is 3 stories above grade and includes basement commercial space. The number of parking spaces currently onsite that meet City dimensional requirements (814 ft. x 18 ft.) is unknown. The potential applicant is interested in developing a three story above grade building with a basement that generally comprises the following: commercial use on the basement and 1St level, affordable housing on the 2nd level and free market residential on the 3rd level. The project requires Commercial Design Review (a two step process) by the Historic Preservation Commission in addition to Demolition Review and Major Development Review within a Historic District. Public amenity space and trash and utility requirements are included in Commercial Design Review. The provision of Public Amenity may be provided off-site or on-site as described in Section 26.575.030.C. Parking is required (although an existing deficit may be maintained) and may be mitigated through a cash in lieu payment of $30,000/space. There is no parking requirement for free market residential or affordable housing. Parking spaces are required for net leasable space at l space/ 1,000 sq. ft. of net leasable. An existing "credit" for legally established net leasable area and net livable area needs to be calculated pursuant to the Land Use Code (Section 263575.020.1 and J) and verified by the Zoning Officer. Any additional net leasable area or net livable area over the existing calculation requires growth management mitigation pursuant to Chapter 26.470. There are many different levels of growth management review that are triggered by the type and extent of the project. For example, an application for the development of new free market units within a mixed use project may only be submitted on February 15 or August 15 and require prior approval of Conceptual Commercial Design and Conceptual Major Development review by the HPC. It is strongly recommended that the applicant verify the type of growth management review required after actual existing calculations and a proposal are determined. The Planning and Zoning Commission (P&Z) conducts Growth Management review. A mixed use building requires subdivision approval by City Council based on a recommendation from the Planning and Zoning Commission. After Subdivision review the project is subject to Final Commercial Design and Final Major Development at HPC. The review process would be as follows ( all steps require public hearings): Step l: HPC for Conceptual Commercial Design Review (including Public amenity and Trash/utlity area), Conceptual Major Development Review for a project within a historic district, and Demolition for a project within a historic district. Step 2: P&Z for Growth Management Review and recommendation of Subdivision to City Council. Step 3: City Council for Subdivision Review. Step 4: HPC for Final Commercial Design Review and Final Major Development Review for a project within a historic district. .1 Land Use Code Section(s) 26.304 Common Development Review Procedures 26.412 Commercial Design Review 26.415.070.D Certificate of appropriateness for major development 26.415.080 Demolition of designated historic properties. 26.470 Growth Management Quota System (GMQS) 26.480 Subdivision 26.515 Off-street Parking 26.575.020 Calculations and Measurements 26.575.030 Public amenity 26.575.060 Utility/trash/recycle service areas 26.610 Impact fees 26.620 School Land Dedication 26.710.140 Commercial Core (CC) Zone District A link to the Land Use Code is here: http://www.aspenpitkin.com/Departments/Community-DevelopmenUPIanning- and-Zoning/Title-26-Land-Use-Code/ A link to the Commercial, Lodging and Historic District Design Objectives and Guideline is here: http://www.aspen pitkin.com/Departments/Community-DevelopmenUPIan n ing-and-Zon i ng/C urrent-Planningl A link to the Land Use Application is here: http://www.aspenpitkin.com/Departments/Community- Development/Planning-and-Zoning/Applications-and-Fees/ Review by. Staff for complete application HPC, P&Z and City Council. Public Hearing: At HPC, P&Z and City Council Second Reading Planning Fees: HPC fee is $4,410 deposit for 14 hours at $315 per hour P&Z and Council is billed at $7,560 for 24 hours at $315 per hour Referral Fees: Engineering $265/hour (billed hourly), Housing $1,260 flat fee. Total Deposit: For application at HPC - $4,410. For application at P&Z and Council (GMQS and Subdivision) - $9,085. *** note there are two different agreements to pay below: one for HPC application and one for P&Zi Council application. November, 2011 City ofAspen I 130 S. Galena St. I (970) 920-5090 COMMUNITY DEVELwPMENT DEPARTMENT ' A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) AMENDING HPC RESOLUTION NUMBER 17 SERIES OF 2012 GRANTING MAJOR DEVELOPMENT (CONCEPTUAL), COMMERCIAL DESIGN STANDARD REVIEW (CONCEPTUAL), DEMOLITION, AND VARIANCE OF TRASH/UTILITY/RECYCLE SERVICE AREA DIMENSIONS FOR THE PROPERTY LOCATED AT 420 EAST HYMAN AVENUE LOT O, BLOCK 88, DUVIKE CONDOMINIUMS, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION # 28, SERIES OF 2012 1. 1 1wl J 1 ula*\ PARCEL ID: 2737-037-39-020 THRU -027 AND 2737-073-39-801 WHEREAS, the applicant, Duvike Inc., requested Major Development (Conceptual), Conceptual Commercial Design Standard Review, Demolition, and a variance of the Trash/Utility/Recycle service area dimensions for the property located at 420 East Hyman Avenue, Lot 0, Block 88, City and Townsite of Aspen, Colorado; and WHEREAS, 420 East Hyman Avenue is located within the Commercial Core Historic District and is not considered a contributing building to the integrity of the Historic District; and WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or district until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review;" and WHEREAS, for Conceptual Major Development Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project' s conformance with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.D.3.b.2 and 3 of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, for Conceptual Commercial Design Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen Commercial, Lodging and Historic District Design Objectives and Guidelines per Section 26.412.040.A.2, Commercial Design Standards Review Procedure, of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny: and 420 East Hyman Avenue (Remand Amendment) HPC Resolution # 28, Series of 2012 Page 1 of 3 WHEREAS, in order to authorize a Demolition, according to Section 26.415.080, Demolition of designated historic properties, it must be demonstrated that the application meets any one of the following criteria: a. The property has been determined by the city to be an imminent hazard to public safety and the owner/applicant is unable to make the needed repairs in a timely manner, b. The structure is not structurally sound despite evidence of the owner' s efforts to properly maintain the structure, c. The structure cannot practically be moved to another appropriate location in Aspen, or d. No documentation exists to support or demonstrate that the property has historic, architectural, archaeological, engineering or cultural significance, and Additionally, for approval to demolish, all of the following criteria must be met: a. The structure does not contribute to the significance of the parcel or historic district in which it is located, and b. The loss of the building, structure or object would not adversely affect the integrity of the historic district or its historic, architectural or aesthetic relationship to adjacent designated properties and c. Demolition of the structure will be inconsequential to the historic preservation needs o f the area; and WHEREAS, for approval of reduction of trash/utility/service area dimensions, a staff analysis report and the evidence presented at a hearing to determine, per Section 26.575.060.B and Section 26.430 of the Municipal Code, that the reduction: 1. There is a demonstration that, given the nature of the potential uses of the building and its total square footage, the utility/trash/recycle service area proposed to be provided will be adequate. 2. Access to the utility/trash/recycle service area is adequate. 3. Measures are provided for enclosing trash bins and making them easily movable by trash personnel. 4. When appropriate, provisions for trash compaction are provided by the proposed development and measures are taken to encourage trash compaction by other development in the block. 5. The area for public utility placement and maintenance is adequate and safe for the placement of utilities. 6. Adequate provisions are incorporated to ensure the construction of the access area. WHEREAS, Sara Adams, in her staff report to HPC dated July 25,2012 performed an analysis of the application based on the standards, found that the review standards had not been met, and recommended continuation; and 420 East Hyman Avenue (Remand Amendment) HPC Resolution # 28, Series of 2012 Page 2 of 3 WHEREAS, at their regular meeting on July 25, 2012, continued from June 27, 2012, the Historic Preservation Commission considered the application during a duly noticed public hearing, the staff memo and public comments, and found the proposal consistent with the review standards and recommended approval with conditions by a vote of three to two (3 - 2). WHEREAS, at their regular meeting on August 13, 2012 City Council was provided notice of call up and voted to call- up HPC Resolution number 17, 2012 in accordance with Municipal Code Section 26.412.040.B; and WHEREAS, at their regular meeting on August 27, 2012 City Council voted to remand the project back to liPC for reconsideration of mass and scale; and WHEREAS, Sara Adams, in her staff report to HPC dated November 14, 2012 performed an analysis of the application based on the standards, found that the review standards had not been met, and recommended continuation; and WHEREAS, at their regular meeting on November 14, 2012, the Ilistoric Preservation Commission reconsidered the mass and scale of the application during a duly noticed public hearing, the staff memo and public comments, and found the proposal consistent with the review standards and recommended approval with conditions by a vote of four to zero (4 - 0). NOW, THEREFORE, BE IT RESOLVED: That HPC hereby amends HPC Resolution Number 17, Series of 2012 for the property located at 420 East Hyman Avenue, Lot O, Block 88, City and Townsite of Aspen, Colorado with the following conditions: 1. The approval and conditions granted pursuant to HPC Resolution Number 17, Series of 2012 are valid, with the exception of the amendments specified herein. 2. Condition 5 of IIPC Resolution 17, Series of 2012 is hereby omitted. 3. The mass and scale is approved as represented in the application. APPROVED BY THE COMMISSION at its regular meeting on the 14th day of November, 2012. Ann Mullins, Chair Approved as to Form: Debbie Quinn, Assistant City Attorney ATTEST: Kathy Strickland, Chief Deputy Clerk 420 East Hyman Avenue (Remand Amendment) HPC Resolution # 28, Series of 2012 Page 3 of 3 EXHI BIT-p En September 12, 2012 Ms. Ann Mullins Chair, Aspen Historic Preservation Commission City of Aspen 130 S. Galena Aspen, CO 81611 Re: 420 E. Cooper Avenue Conceptual Major Development, etc. Red Onion Investors Dear Ms. Mullins, Aspen Elks Lodge #224 is the owner of the historic three story building located on the corner of Hyman and Galena Streets. The Lodge is comprised of over 900 members who have instructed its governing body to take any steps necessary to protect its view plane of the mountains, particularly the views of Aspen Mountain. The Lodge Trustees and House Committee aka Board of Directors, Aspen Elks Lodge #224, therefore, takes the position that the project proposed by Duvike Inc., c/o Aerscape Ltd., 230 S. Mill St., Aspen, CO represented by Charles Cuniffe Architects, the project affects the property located at 420 E. Hyman Avenue, Duvike Condominiums, Lot O, Block 88, City and Townsite of Aspen, County of Pitkin, State of Colorado, Duvike Condominiums, PID #2737-073-39-020 through -027, and 2737-073-39-801, may interfere with the Lodge's view plane mentioned above to such an extent that it opposes the request to do so. Respectfully submitted, Richard Miller Exalted Ruler Aspen Elks Lodge #224 510 E. Hyman, Suite 300 Aspen, CO 81612 CC: Sara Adams, Aspen Community Development Department Kathryn Koch, City Clerk 5IKA .A, AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 4 10 Fte,v-\ Ave , Aspen, CO J SCHEDULED PUBLIC HEARING DATE: UA #04 ilt € 5:oopvn , 20 12- STATE OF COLORADO ) ) SS. - County of Pitkin ) I, -~,Vi~~A Se-1 09 (name, please print) being or representing an Applicant to the City-Qf/Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 , (E) of the Aspen Land Use Code in the following manner: ~ Publication of notice: By the publication in the legal notice section of an official ' paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. • Posting ofnotice: 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 of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners ofproperty within three hundred (300) feet of the property subj ect to the development application. The names and addresses of property owners shall be those on the current tax records o f Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy ofthe o-wners and governmental agencies so noticed is attached hereto. (Continued on next page) 0 4 A • 4 M O W Q Ul Im.E m 4 0 1 CO 9.-2 % 11 0 .0 & C 82'EMMEmig 9 73 ..2 a 9 i~CME MI K .320 E Q 0 8*CM Z UD W pUBLIC NOTICE .. ~ RE: 420 E..4YMAN AVE, CITYCOUNCIL t92 rl Q) CA 6-4 // CEPTUAI- MAJOR DEVELOPMENT REVIEW w u REMAND TO HOTORIC PRESERVATION COMMISSION R, GARDING CONCEPTUAL Z COMMERCIAL rESIGN REVIEW AND CON- 1 *lID K 2 7,1 2 Me= 35% u VJ will be held on Wednesday. November 14,2012, at NOTICE IS Hi iEBY GIVEN that a public hearing ¤ a meeting to begin at 5:00 p.m. before the Aspen O Historic Preservation Commission, Council Cham- ~ U f 1 0 la = - ° 3 m 4.> Aspen, to re-review the mass and scale of the pro- bers Meeting Room, City Hall, 130 S. Galena St., 921* U On.r 1.-0 04 4jk fl~ posed new bujldjng at 420 E. Hyman Street. The Q application submitted by Duvike Inc., c/o Aerscape W 64 W Ltd., 230 S. Mill St., Aspen, CO represented by U 5 Condominiums, Lot O, Block 88, City and Town- Charles Cunniffe Architects. The project affects the - F-, property located at 420 E. Hyman Avenue, Duvike ~~ site of Aspen, County of Pitkin. State of Colorado, Duvike Condominiums, PID #2737-073-39-020 J 0 0-\ 3 2 Z ~ chanotup~~poses t~~de~70~174~~3e~~~~ing'bDnagES ~ replace it with a three story mixed use building that k ~0 . includes commercial, free market residential and 4-- A VA 4%,(.3 40 Commission granted conceptual approvals on July affordable housing. The Historic Preservation 1 25, 2012 which included a condition of the approv- 2 -0 ;10 GR A 4 al that mass and scale was to be determined at Fi- .f 9 661 -O 2 2012 this decision was called up by the Aspen City N nal Commercial Design Review. On August 27th, UE-(48 . Council and remanded back to the Historic Preser- < i M CO vation Commission with direction to finalize the 40. ,022 ~ mass and scale during Conceptual review. U u b 04 4==16-M . For further information, contact Sara Adams at the City of Aspen Community Development Depart- 840= g e.. ~* 54 429.2778, sara.adams@qi.aspen.co.us -U ment. 130 S. Galena St. Aspen, CO, (9770) 4-4 0. 8 4 £0* 4.84 st Ann Mullins CC /0 E M ~0 M Aspen Historic Preservation Commission U ..~ 4 Published in The Aspen nmes Week/y on October 25, 2012 [8519287] ~ G ·~ @ ·~ 0 -2 ·8 -2 CA -4 ,- 1.-1 >*8 RAD »4~U # : 2 2 2-2 N.B-R 008 el Ecy * 2 4 t E N 2 0 w WA A-' cAUD U 044 N <i **** to be changed or amended incidental to or as part of a sion rs of real p operty in th ge shall be SDI.LON livisl W AO NOILVOIO be made by repeal of this Title and enactment of a new land SIp SUmoz Iejogio oql JOAOU@Ip& :luautpugum ixal io Suluozay itle, or whenever the text of this Title is to be amended, n, or otherwise, the requirement of an accurate survey map nt legal d scription o and the notice to and listing of n ulmp KougBE Su-rutmi , the proposed zoning c hearing on such ame r:~71 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE COIL..#I ADDRESS OF P PERTY: l.~-10 E. R~/ rytal Avenut , Aspen, CO SCHEDULED PUBLIC HEARING DATE: Nov,-816er 14- , 20~ STATE OF COLORADO ) ) SS. County of Pitkin ) I, '5144 22 (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: V"' 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. V'~' 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 30 day of Oc42,6r , 20/11, to and including the date and time of the public hearing. A photograph ofthe posted notice (sign) is attached hereto. V< Mailing of notice. By the mailing o f a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners ofproperty within three hundred (300) feet ofthe 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 ofthe awners and governmental agencies so noticed is attached hereto. (continued on next page) 3 1£.- - u PUBLIC NOTICE t . 1 Date: Wed., Nov. 14, 2012 ~~14 1 , Time: 5pm --~ Fht: Place: 130 S. Galena St., L214. 1 Basammtlmlgl.QLCitj(Eall ·r -···4- ¥.,- ..' .4 4,4%, 1,-49~,~, H~7~~forsider the mass and -:,. ~ scale of a proposed new 3 story . .1- mixed use blt'ildinq. Cmv Council , remanded HPC's decision on Aug. 3% ' ' I----1 .w ·.4 27th regarding mass and scale of the protect related to Conceptual .--%·..,·w·I#:- -· o , - . , Commerctal Design Review. The - p appncant ls Duvlke tnc. do Aerscape -4' Lid/10-%1-Mijj..St.x.892endXL_.BI_ ' Informatign cpntagt_ Elanning-Dew._ a atY-0.920-5090. _ .1 - 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. 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. g;Flature The foregoing "Affidavit of Notice" was acknowledged before me this 1 41~lay of No,re-Ler- ,2(0_12, by PLria. de-st WITNESS MY HAND AND OFFICIAL SEAL My commission expires: 04~ 24 ~201 5- -- A -, 046,33-,-~6.-,A:hc - 6/ .4182©r POR'kk Notary Public g Y' TONI ROSE ~ i SWERSKY ATTACHMENTS AS APPLICABLE: '43 95?FG# . COPY OF THE PUBLICATION .43*273~.p 14 Commigh:> Ewi : 092*201 f • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 $ 0...•o... . I PUBLIC NOTICE RE: 420 E. HYMAN AVE, CITYCOUNCIL REMAND TO HISTORIC PRESERVATION COMMISSION REGARDING CONCEPTUAL COMMERCIAL DESIGN REVIEW AND CONCEPTUAL MAJOR DEVELOPMENT REVIEW NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, November 14, 2012, at a meeting to begin at 5:00 p.m. before the Aspen Historic Preservation Commission, Council Chambers Meeting Room, City Hall, 130 S. Galena St., Aspen, to re-review the mass and scale of the proposed new building at 420 E. Hyman Street. The application submitted by Duvike Inc., c/o Aerscape Ltd., 230 S. Mill St., Aspen, CO represented by Charles Cunniffe Architects. The project affects the property located at 420 E. Hyman Avenue, Duvike Condominiums, Lot O, Block 88, City and Townsite ofAspen, County of Pitkin, State of Colorado, Duvike Condominiums, PID #2737-073-39-020 through -027, and 2737-073-39-801. The applicant proposes to demolish the existing building and replace it with a three story mixed use building that includes commercial, free market residential and affordable housing. The Historic Preservation Commission granted conceptual approvals on July 25,2012 which included a condition of the approval that mass and scale was to be determined at Final Commercial Design Review. On August 27% 2012 this decision was called up by the Aspen City Council and remanded back to the Historic Preservation Commission with direction to finalize the mass and scale during Conceptual 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 Aspen Historic Preservation Commission Published in the Aspen Times on October 25,2012 City of Aspen Account 1' Easy Peel® Labels I A Immin Bend along line to i ~ AVERY® 5160® | Use Avery® Template 5160® ~ Feed Paper F.I.'Fa expose Pop-up Edge™ J A 305-7 MILL STREET LLC 400 HYMAN LLC 409 EAST HYMAN LLC 412 N PAULINA 6829 QUEENFERRY CIR 63 FOX PROWL CHICAGO, IL 60622 BOCA RATON, FL 33496 CARBONDALE, CO 81623 ARCADES ASSOCIATES LTD LLC 517 EAST HOPKINS AVENUE LLC AP RT 29 LLC C/O KRUGER & CO 517 E HOPKINS AVE 418 E COOPER AVE #207 400 E HYMAN AVE ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN FILM ASPEN FIRE PROTECTION DISTRICT AVH ONION VENTURES 11 LLC 8.208 110 E HALLAM ST #102 420 E HOPKINS AVE 601 E HYMAN AVE ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 BARNETT-FYRWALD HOLDINGS INC BENTLEYS AT THE WHEELER BIDWELL BERT INVESTMENT CORP 500 PRESIDENT CLINTON AVE #310 PO BOX 10370 2870 PEACHTREE RD #427 LITTLE ROCK, AR 722011760 ASPEN, CO 81612 ATLANTA, GA 30305 BLAU JEFF T BPOE ASPEN LODGE #224 BRAND BUILDING LLC C/O RELATED COMPAINES 210 S GALENA ST #21 205 S GALENA ST 60 COLUMBUS CIRCLE FL 19 ASPEN, CO 81611 ASPEN, CO 81611 NEW YORK, NY 10023 CITY OF ASPEN CARLSON BRUCE E TRUST CHARLIES COW COMPANY LLC ATTN FINANCE DEPT PO BOX 3587 315 E HYMAN AVE 130 S GALENA ST ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 COLLINS BLOCK LLC COLORADO CABLE COTTONWOOD VENTURES 11 LLC 205 S GALENA ST 500 PRESIDENT CLINTON AVE #310 419 E HYMAN AVE ASPEN, CO 81611 LITTLE ROCK, AR 72201 ASPEN, CO 816i 1 COTTONWOOD VENTURES 11 LLC COX JAMES E & NANCY DCGB LLC ATTN JANA FREDERICK C/O KRUGER & CO ATT GIORGIO RIGHETTI CFO 300 CRESCENT CT #1000 400 E HYMAN AVE 610 WEST 52 ST DALLAS, TX 75201 ASPEN, CO 81611 NEW YORK, NY 10019 F & M VENTURES LLC DENSON JAMES D DOLE MARGARET M C/O MORRIS & FYRWALD RE PO BOX 1614 400 E HYMAN AVE #302 415 E HYMAN AVE TUBAC, AZ 85646 ASPEN, CO 816111989 ASPEN, CO 81611 FOOTLOOSE MOCCASIN MAKERS INC FIERCELY LOCAL G & K LAND CO LLC C/O MANUEL GOUVEIA 328 E HYMAN AVE 140 PITKIN MESA DR 44 SILVERADO CT. ASPEN, CO 81611 ASPEN, CO 81611 CANON CITY, CO 81212 Etiquettes faciles & peler Repliez A [a hachure afin de 1 www.avery.com 1 Sens de 1-800-GO-AVERY Utillsez le gabarit AVERY® 5160® chargement ravaler le rebord Pop-up.< 1 1 ~Easy Peel® Labels | A Imil# Bend along line to | ~ AVERY® 5160® | Use Avery® Template 5160® J Feed Paper m~ expose Pop-up Edge™ J A GORDON DAVID F & LETICIA LLC GLENROY PARTNERS 2.9% GODIVA HOLDINGS LLC C/O JOE RACZAK/NORTH OF NELL MGT PO BOX 2157 435 E MAIN ST 555 E DURANT SANTA CRUZ, CA 95063 ASPEN, CO 81611 ASPEN, CO 81611 GRIFFITH LARRY R HALL CHARLES L HINDERSTEIN FAM REV TRUST 19794 ESCADA CT PO BOX 1819 4415 HONEYMOON BAY RD REDDING, CA 96003 ASPEN, CO 81612 GREENBANK, WA 98253 HYMAN MALL COMMERCIAL CONDOS HORSE ISLAND LLC ISIS BUILDING LLC LLC 415 E HYMAN AVE #16 205 S MILL ST # 301A 290 HEATHER LN ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 ISIS GROUP KANDYCOM INC KANTZER TAYLOR M FAM TRST #1 C/O COURTNEY LORD 766 SINGING WOOD DR 216 SEVENTEENTH ST 631 W BLEEKER ST ARCADIA, CA 91006 MANHATTAN BEACH, CA 90266 ASPEN, CO 81611 KAUFMAN GIDEON I KREVOY SUSANNE SEPARATE PROP KOPP AMELIA L TRUST C/O KAUFMAN & PETERSON TRST 50% 1000 DOLORES WY #B 315 E HYMAN AVE #305 2311 LA MESA DR CARBONDALE, CO 81623 ASPEN, CO 81611 SANTA MONICA, CA 90402 LEVY LAWRENCE F & CAROL LINDNER ERIKA L REV TRUST 50% LOMA ALTA CORPORATION 980 N MICHIGAN AVE #400 66966 TEN PEAKS CT PO BOX 886 CHICAGO, IL 60611 BEND, OR 97701-9277 LANCASTER, TX 75146-0886 MILL STREET PLAZA ASSOC LLC M I'N ENTERPRISES 808 MASON & MORSE INC C/O M&W PROPERTIES C/O HILLIS OF SNOWMASS 514 E HYMAN AVE 205 S MILL ST #301A PO BOX 5739 ASPEN, CO 81611 ASPEN, CO 81611 EAGLE, CO 816315739 OSA TRUST 50% NH ON[ON VENTURES Il LLC 16.918% P & L PROPERTIES LLC C/O KREVOY SUSANNE BELZBERG 601 E HYMAN AVE 101 S 3RD ST #360 2311 LA MESA DR ASPEN, CO 81611 GRAND JUNCTION, CO 81501 SANTA MONICA, CA 90402 RED ONION INVESTORS LLC 65.784% RG ONION VENTURES 11 LLC 4% SH ONION VENTURES Il LLC 2.19% 418 E COOPER ST #207 601 E HYMAN AVE 601 E HYMAN AVE ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 SILVER SLAM COMMERCIAL LLC SLAM COMMERCIAL LLC SLAM RESIDENTIAL LLC C/O RELATED COMPANIES/ JEFF BLAU 2100 E MAPLE RD #200 2100 E MAPLE RD STE 200 60 COLUMBUS CIR BIRMINGHAM, MI 48009 BIRMINGHAM, MI 48009 NEW YORK, NY 10023 Atiquettes faciles A peter A Repllez A la hachure afin de 1 www.avery.com 1 Sens de Utilisez le gabarit AVERY® 5160® ; chargement rdv*ler le rebord POP-upi·'C J 1-800-GO-AVERY 1 A ~ Easy Peel® Labels | A Ummatdi Bend along line to ~ ~ AVERY® 5160® 1 Use Avery® Template 5160® ~ Feed Paper - expose Pop·up Edge,M ~ VOLK RICHARD W TRUSTEE VOLK PLAZA LLC WALL JANET REV TRUST C/O RICHARD W VOLK MANAGER 995 COWEN DR #201 9762 BURNLEY PL 2327 MIMOSA DR CARBONDALE, CO 81623-1657 BEVERLY HILLS, CA 90210 HOUSTON, TX 77019 WELLS FARGO BANK WHEELER BLOCK BUILDING LLC WENDELIN ASSOC C/O THOMSON PROPERTY TAX TKG MANAGEMENT INC C/O 150 METRO PARK SERVICES 211 N STADIUM BLVD STE 201 ROCHESTER, NY 14623 PO BOX 2609 COLUMBIA, MO 65203 CARLSBAD, CA 92018 WHEELER SQUARE - CASPER FAMILY WILLIAMS DEXTER M WOODS FAMILY LP LLC 82 W LUPINE DR PO BOX 11468 315 E HYMAN ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 ZUPANCIS ROBERT L 30.621% 509 RACE ST ASPEN, CO 81611 Etiquettes faciles A peler I A Repliez & la hachure afin de I www.avery.corn ~ Sens de 1 Utilisez ie gabarit AVERY® 5160® chargement ravaler le rebord Pop-UpMC J 1-800-GO-AVERY A .. MEMORANDUM TO: Aspen Historic Preservation Commission FROM: Sara Adams, Senior Planner THRU: Amy Guthrie, Historic Preservation Officer RE: 420 E. Hyman Avenue - Remand from City Council for mass and scale review, Public Hearing DATE: November 14,2012 4' ' . t , SUMMARY: The applicant requests approval , / t · 7 . to demolish the existing 1970s two story ~ mixed use building and to construct a new three story mixed use building. The property r is a 3,000 square feet lot located within the 4 lilli Commercial Core Historic District and is not ¥ , 4 considered a contributing structure to the District. The building is currently a mix of 1.f,1, =„„„, commercial and residential uses. HPC +1- p . = 9 granted Conceptual Major Development, | * ~ t Demolition and Conceptual Commercial li W .*a - % 444* *J Design approval on July 25th with the following conditions: -0 - 1 - - 46 Image 1: 420 East Hyman Avenue, existing condition. 1. The height of the building is limited to 38 feet. 2. The third floor has a 15 feet setback from Hyman Avenue. 3. Utility/Trash/Recycle Service Area is approved as designed. 4. Off-site Public Amenity is approved subject to Parks Department approval. 5. A full review of mass and scale with materials shall occur at Final HPC Review. 6. A development application for a Final Development Plan shall be submitted within one (1) year of the date of approval of a Conceptual Development Plan. Failure to file such an application within this time period shall render null and void the approval of the Conceptual Development Plan. The Historic Preservation Commission may, at its sole discretion and for good cause shown, grant a one-time extension of the expiration date for a Conceptual Development Plan approval for up to six (6) months provided a written request for extension is received no less than thirty (30) days prior to the expiration date. The Land Use Code requires notification of conceptual approvals to City Council during a call up period at which time Council may discuss the project. City Council exercised their call up authority and discussed the conceptual approvals granted for 420 E. Hyman on August 27th 420 East Hyman Avenue Staff Memo - HPC Remand for Mass and Scale 11/14/2012 Page 1 of 4 .. Council voted to remand the application back to HPC with direction to resolve condition #5 above by deciding the appropriate mass and scale of the project at conceptual review. Council was concerned about the impact of leaving mass and scale for Final Review on Growth Management and Subdivision reviews that are necessary for the project. Minutes from the Council meeting are attached as Exhibit B. HPC is asked either to reconsider the mass and scale of the project or to uphold condition 5 of HPC Resolution number 17. The applicant has revised the drawings to reflect the required building height o f 38 feet (condition 1) and the required 15 feet setback on the third floor (condition 2). Despite the fact that materials are addressed at Final Review, the applicant has provided material descriptions to address HPC's concerns that mass and scale are impacted by the material palette. The HPC discussion is limited to the specific direction from Council unless the applicant has changed other conceptual aspects of the design. In addition to the height and setback changes described above, the applicant has removed the separation wall between the third floor deck facing Hyman Mall and the adjacent building. RECOMMENDATION: Staff recommends that HPC approve the proposed mass and scale and adopt a resolution removing condition 5 from HPC Resolution number 17. APPLICANT: Duvike Inc., c/o Aersacpe Ltd., 230 S. Mill Street, Aspen, CO PARCEL ID: 2737-073-39-020 through -027, and 2737-073-39-801. ADDRESS: 420 East Hyman Avenue, Lot O, Block 88, City and Townsite of Aspen. ZONE DISTRICT: CC, Commercial Core, Historic District Overlay. '0 24 . I '0 34/Alivilylip'.7, -- 1-N,-A f '1.54¥ I. Firl J 4...4 ...~..../. if- 7 ,- r ici 4. : 4 . k , W ./ * - Re i * 46 ). r , e .ne,4 1- p - .1 k. 0 ./%4 Image 2: Map of 420 E. Hyman in context of the Historic District. ast Hyman Avenue Yellow chading indicatef individual landmarks Staff Memo - HPC Remand for Mass and Scale 11/14/2012 Page 2 of 4 CONCEPTUAL MAJOR DEVELOPMENT AND COMMERCIAL DESIGN REVIEW The procedure for a Major Development Review, at the Conceptual level, is as follows. Staff reviews the submittal materials and prepares a report that analyzes the project's 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 wit! 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. SCALE/MASS: The applicant proposes a rectangular form which is consistent with other commercial and mixed use buildings in the Historic District. In addition to building form, the Design Objectives and Guidelines emphasize maintaining a two story scale along the sidewalk. The applicant proposes a three story building along the Hyman Avenue faga(le with a corner cut- out on the second floor that is setback 15 feet. The third floor setback has been increased to 15 feet from 12 feet previously. The adjacent historic buildings to the east, 426 E. Hyman (Aspen Psychic) and 428 E. Hyman (Quicksilver), have 15 ft. and 23 ft. setbacks for third floor additions, respectively. Unlike the subject property, these buildings only have one street facing faga(le. In addition, A balcony is proposed on the second floor facing the interior "alleyway" which provide some relief to the massing, but does not help to define a two story element. Staff Response: Staff is supportive o f the 15 feet setback and finds that Guideline 6.25 below is met. Increasing the third floor setback reduces the perceived mass of the building, reduces the impacts of the third floor on the context of the Historic District and maintains the strong two story street wall along the north side of the Hyman Mall. Consistent with the July 25th memo, Staff remains concerned that the alley elevation does not step down in scale as stated in Design Guideline and Objective 6.24 below, which is visible from the Wheeler Opera House upper floors and down the alley from Mill Street. HPC did not raise the alley elevation as a major concern during the July 25th HPC hearing; however Staff recommends that the applicant revise the alley elevation to comply with Guideline 6.24 by either 420 East Hyman Avenue Staff Memo - HPC Remand for Mass and Scale 11/14/2012 Page 3 of 4 pulling back the third floor or exploring some other element that reduces the mass. Staff finds that it would be inconsistent with Council's direction to grant conceptual approval of the project without an approved alley elevation that meeting the Guidelines. Therefore, Staff recommends continuation of the hearing for further study of the alley elevation to meet the Guidelines. 6.24 Along a rear fafade, using building forms that step down in scale toward the alley is encouraged. • Consider using additive forms, such as sheds, stairs and decks to reduce the perceived scale. These forms should however, remain subordinate to the primary structure. • Use projecting roofs at the ground floor over entrances, decks and for separate utility structures in order to establish a human scale that invites pedestrian activity. 6.25 Maintain the average perceived scale of two-story buildings at the sidewalk. • Establish a two-story height at the sidewalk edge, or provide a horizontal design element at this level. A change in materials, or a molding at this level are examples. The HPC may: • approve the application, • approve the application with conditions, • disapprove the application, or • continue the application to a date certain to obtain additional information necessary to make a decision to approve or deny. RECOMMENDATION: Staff recommends that HPC continue Conceptual Commercial Design Review and Conceptual Major Development Review for the project located at 420 E. Hyman Avenue to restudy the alley elevation to reduce the mass and to comply with Guideline 6.24. Resolution # _, Series of 2012 Exhibits: A. Relevant Commercial, Lodging and Historic District Design Guidelines and Objectives. B. Minutes from City Council meeting August 27,2012. C. HPC Resolution number 17, Series of 2012. D. Minutes from HPC meeting July 25, 2012. E. Updated Application. 420 East Hyman Avenue Staff Memo - HPC Remand for Mass and Scale 11/14/2012 Page 4 of 4 A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) AMENDING HPC RESOLUTION NUMBER 17 SERIES OF 2012 GRANTING MAJOR DEVELOPMENT (CONCEPTUAL), COMMERCIAL DESIGN STANDARD REVIEW (CONCEPTUAL), DEMOLITION, AND VARIANCE OF TRASH/UTILITY/RECYCLE SERVICE AREA DIMENSIONS FOR THE PROPERTY LOCATED AT 420 EAST HYMAN AVENUE LOT O, BLOCK 88, DUVIKE CONDOMINIUMS, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION # , SERIES OF 2012 PARCEL ID: 2737-037-39-020 THRU -027 AND 2737-073-39-801 WHEREAS, the applicant, Duvike Inc., requested Major Development (Conceptual), Conceptual Commercial Design Standard Review, Demolition, and a variance of the Trash/Utility/Recycle service area dimensions for the property located at 420 East Hyman Avenue, Lot 0, Block 88, City and Townsite of Aspen, Colorado; and WHEREAS, 420 East Hyman Avenue is located within the Commercial Core Historic District and is not considered a contributing building to the integrity of the Historic District; and WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or district until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review;" and WHEREAS, for Conceptual Major Development Review, the LIPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project' s conformance with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.D.3.b.2 and 3 of the Municipal Code and other applicable Code Sections. The HPC may approve disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, for Conceptual Commercial Design Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project' s conformance with the City of Aspen Commercial, Lodging and Historic District Design Objectives and Guidelines per Section 26.412.040.A.2, Commercial Design Standards Review Procedure, of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and 420 East Hyman Avenue (Remand Amendment) HPC Resolution #_, Series of 2012 Page 1 of 3 WHEREAS, in order to authorize a Demolition, according to Section 26.415.080, Demolition of' designated historic properties, it must be demonstrated that the application meets any one of the following criteria: a. The property has been determined by the city to be an imminent hazard to public safety and the owner/applicant is unable to make the needed repairs in a timely manner, b. The structure is not structurally sound despite evidence o f the owner' s efforts to properly maintain the structure, c. The structure cannot practically be moved to another appropriate location in Aspen, or d. No documentation exists to support or demonstrate that the property has historic, architectural, archaeological, engineering or cultural significance, and Additionally, for approval to demolish, all of the following criteria must be met: a. The structure does not contribute to the significance of the parcel or historic district in which it is located, and b. The loss of the building, structure or object would not adversely affect the integrity of the historic district or its historic, architectural or aesthetic relationship to adjacent designated properties and c. Demolition of the structure will be inconsequential to the historic preservation needs of the area; and WHEREAS, for approval of reduction of trash/utility/service area dimensions, a staff analysis report and the evidence presented at a hearing to determine, per Section 26.575.060.B and Section 26.430 of the Municipal Code, that the reduction: 1, There is a demonstration that, given the nature of the potential uses of the building and its total square footage, the utility/trash/recycle service area proposed to be provided will be adequate. 2. Access to the utility/trash/recycle service area is adequate. 3. Measures are provided for enclosing trash bins and making them easily movable by trash personnel. 4. When appropriate, provisions for trash compaction are provided by the proposed development and measures are taken to encourage trash compaction by other development in the block. 5. The area for public utility placement and maintenance is adequate and safe for the placement of utilities. 6. Adequate provisions are incorporated to ensure the construction of the access area. WHEREAS, Sara Adams, in her staff report to HPC dated July 25, 2012 performed an analysis of the application based on the standards, found that the review standards had not been met, and recommended continuation; and 420 East Hyman Avenue (Remand Amendment) HPC Resolution #_, Series of 2012 Page 2 of 3 WHEREAS, at their regular meeting on July 25, 2012, continued from June 27, 2012, the Historic Preservation Commission considered the application during a duly noticed public hearing, the staff memo and public comments, and found the proposal consistent with the review standards and recommended approval with conditions by a vote of three to two (3 - 2). WHEREAS, at their regular meeting on August 13, 2012 City Council was provided notice of call up and voted to call- up HPC Resolution number 17, 2012 in accordance with Municipal Code Section 26.412.040.B; and WHEREAS, at their regular meeting on August 27, 2012 City Council voted to remand the project back to 11PC for reconsideration of mass and scale; and WHEREAS, Sara Adams, in her staff report to HPC dated November 14, 2012 performed an analysis of the application based on the standards, found that the review standards had not been met, and recommended continuation; and WHEREAS, at their regular meeting on November 14, 2012, the Historic Preservation Commission reconsidered the mass and scale of the application during a duly noticed public hearing, the staff memo and public comments, and found the proposal consistent with the review standards and recommended approval with conditions by a vote of NOW, THEREFORE, BE IT RESOLVED: That HPC hereby amends HPC Resolution Number 17, Series of 2012 for the property located at 420 East Hyman Avenue, Lot O, Block 88, City and Townsite of Aspen, Colorado with the following conditions: 1. The approval and conditions granted pursuant to HPC Resolution Number 17, Series of 2012 are valid, with the exception of the amendments specified herein. Condition 5 of 11PC Resolution 17, Series of 2012 is hereby omitted. . The mass and scale is approved as represented in the application. APPROVED BY THE COMMISSION at its regular meeting on the 14th day of November, 2012. Ann Mullins, Chair Approved as to Form: Debbie Quinn, Assistant City Attorney ATTEST: Kathy Strickland, Chief Deputy Clerk 420 East Hyman Avenue (Remand Amendment) HPC Resolution #_, Series of 2012 Page 3 of 3 LO PJ AL;6*A City of Aspen 11 014.1.- Commercial Core Historic District Encompassing the Commercial Core Zone District Design Objectives and Guidelines Policy: Improvements in the Commercial Core Historic District should maintain the integrity of historic resources in the area. At the same time, compatible and creative design solutions should be encouraged. . This chapter presents guidelines for new Existing Character construction and alterations to existing non- The heartof Aspen centers around the Commercial historic structures in the Commercial Core Core Historic District. It is the first area that Historic District. Key design characteristics of developed in the early mining days of the town this district are summarized and then specific and its character reflects this rich mining heritage, guidelines are presented. which is the image that many carry with them of this historic Colorado mountain town. Each Location historic building contributes to the integrity of the The Commercial Core of the city is defined by district and preservation of all of these resources Monarch Street to the west, Durant Avenue to the is, therefore, crucial. This is especially important south, Hunter Street to the east, and roughly the as new development continues. alley to the north of Main Street to the north. (See the Character Area map in the appendix.) ... . 1- i «*1: .. ~/.P~ /96'* -- *1 . M. - - ;45. f. .11 4 4 1, . ' 1 92& , i 1 ·Ji . - 4.1 . 4.- 'r J, f.-4 , 0· a ~ I « 4.71=Inta... 1 1 MF.A. , A/t. . .... 1,-4,6- - I ..4 ¢ Ap" i.11. 1'3""J""Fll * 1 . . 41... 4.6 4/-,LM- ill- 40 ..Le- : 4 , a?k I . f.*f , : 3.5 :#W I , m. 1 + The Commercial Core Zone District is located at the core of Downtown Aspen. Commercial, Lodging and Historic District page 91 Design Objectives and Guidelines Commercial Core Historic District City of Aspen Street Pattern As the historic core of the city, its current urban form reflects these origins. It is a grid of streets aligned to the north. Rectangular street blocks of 270 ft. by 220 ft. with long axes and rear alleyways are oriented east-west and subdivided into 30 by * '~~4,! width within the core area and span the full depth r 100 ft. lots. Buildings generally occupy the fulllot - from street frontage to rear alley. 3.. 11 1 This arrangement still anchors the historical urban 1.2 . form of the city, despite some recent departures 1 ' ~ from the traditional hard street edge. The variety /-2 - i of building forms & scales is influenced in areas 4 /49 WmaH/ke t - . .4, by previous site-based open space requirements. The traditional lot widths continue to define the I . 1. 44· majority of the buildings in this area, either in total 4 width or, where lots have been amalgamated, in their architectural composition, articulation and fenestration pattern. This ensures that the city center is still appreciated for its essential human scale, concentration of historic buildings and The street pattern frames spectacular scenic views. visual and cultural experience. Building Character The commercial buildings of the mining era establish the context for new construction, even though individual landmarks of later periods may also be found in the area. Buildings range in scale from early residential including miners' cottages to larger 'iconic' landmark Victorian commercial and community buildings. The latter tend to occupy corner sites and range in scale from one to three stories in height. This area includes the varied range of buildings dating from the city's early history and representing all periods of development in the evolution of Aspen. The character is predominantly urban, while the building pattern in many areas continues to exhibit the original traditional lot width arrangement. The street faqades are strongly defined in many areas by a combination of larger Victorian and smaller scale buildings. This is particularly the case on street corners. page 92 -4 Commercial Lodging and Historic District 1 e? fl Design Objectives and Guideli,ies City of Aspen Commercial Core Historic District Storefront context , Most buildings have features associated with c. 1 '----- /'.L. A k,5:. traditional commercial designs. Ground level kh:' ,&:40.0. 362*" ' floors ofthebuildings are oriented topedestrian *r,7-,6 :-1 :. . .-- '1.. r.,t views, with large display windows highlighting ~ - i .-..4 ... 44(er the goods and services offered for sale inside. c~~=1~ ~~~~~~~~14~Mi~~~"+4~. ¥-* 3.4.4 '42 . Recessed entries are also typical. A horizontal li '7 1, ... -"712 - . iJ, o : 41:..,t',~,~ 014.· band of molding usually separates the ground ~ - 1-- floor from upper portions of the fa,ade and the k *6 - -1 parapet is capped with a decorative cornice. E-- 2?i .*& 0 1 Bl, 'i-'0*-4 ! 1*~i# These elements combined to establish a horizontal i·;4.- 21-11 i...ill,f. i., r .5,4,1<041 emphasis along the street. solid and void'hole in the wall' form and vertical Ill:liwillilililillimillimmitiul//1.. Illililitilqillilli in proportion, reflecting classical architectural proportions. There are, however, departures from this pattern which contribute to the rich diversity of the street. A hard street wall as seen along the iualking mal I downtolon is a characteristic throughout Character Area 1. Outdoor Spaces There are also instances of small scale spaces . - created by the set back of building fa~ades. %040 * ,~' ~.27|~ They are, however, the exception to the historic 11 I Il %14 alignment of building fronts. Where these are used H -wl 'W. for outdoor dining they provide attractive public , . .. k ..: Y gathering spaces and street vitality. The intent is TAL:4,14i~11: to maintain the strong definition of the street wall ..7.......1 in this area, and therefore creating further breaks ~I .0,'. ,..4 L,I-a -t .... " '-1, 4... 221 37: 1242= .:. .4/11 in the street wall should be minimized. .1 1 116<19.1 + , 4 t . 4 , .4 The resulting character is both intimate and stimulating, and in keeping with the variety and harmony unique to Aspen. There have been departures from the hard street edge, where t more recent development has stepped back to create semi-basement space and detached or internal retail frontage often on more than one level. In many cases these have detracted - from the immediate relationship between shop frontage and public sidewalk and the sense of , llc street fa,ade definition, with adverse effects on 40 street vitality and the urban character within Victorian storefronts anchor the Commercial Core and define downtown Aspen. the key characteristics of building height, mass, articulation and materials. Commercial, Lodging and Historic District Ak 11~page 93 Design Objectives ami Guidelines City of Aspen Commercial Core Historic District Design Objectives 4. Reflect the variety in building heights seen These are key design objectives for the Commercial historically. Core. The City must find that any new work will New development should stay within the range of building heights, and be designed to reflect the help to meet them: variation in height across traditional lot widths. 1. Maintain a retail orientation. The scale and form of a new building should be Traditionally the hub of Aspen and the center of designed to safeguard the setting of a historic commercial and cultural activity, the Commercial building, whether single story or thd large'iconic' Core should remain so. Designs for new three plus stories. construction should reinforce the retail-oriented function of the street and enhance its pedestrian 5. Accommodate outdoor public spaces where they respect the historic context, character. The street vitality associated with the center 2. Promote creative, contemporary design that of the city should be retained and enhanced respects the historic context. through a combination of the form and design of While new construction should be compatible the walkable street network and the associated with the historic character of the district designs areas of public gathering space at street level and should not copy early styles but instead should above. The design of any public space within seek creative new solutions that convey the the core should be a central consideration in community's continuing interest in exploring the design and configuration of the building, to innovations. At the same time, the fundamental ensure that it contributes to a positive experience principles of traditional design must be respected. in the streetscene, whether or not used for street This means that each project should strike a dining. balance in the design variables that are presented in the following pages. 6. Promote variety in the street level experience. 3. Maintain the traditional scale of building. Architectural form should recognize existing scale The Commercial core of the city is likely to and diversity and build upon established design experience continuing market pressure for hotel, traditions, creativity and innovation in a manner commercial and residential development and which strengthens the architectural richness the parallel needs of affordable commercial and and identity of the city core. The contextual residential accommodation. It is important that contribution of building and storefront design future growth acknowledges, complements and will depend on detailed consideration of the street enhances the existing scale and character of this falade and associated landscaping and paving. area. 7. Preserve the integrity of historic resources within the district. The original form, character, materials and details of historic resources should be maintained. This applies to individual structures of landmark quality as well as more modest "contributing" structures. page 94 ; yk Commercial, Lodging and Historic District Design Objectives and Guidelines Cio' of Aspen Cominercial Core Historic District Building Form Al ~ 4 A prominent, uni fying element of the Commercial all.--4./6 *1"16/Will Core is the similarity of building forms, be,'* -- . '.- Commercial buildings were simple rectangular ' .· .. solids, deeper than they were wide, with flat roofs. :' il-. - - ---1':,FILit: 4,- In a few instances, gabled roofs, with false fronts, h.1.U" 10 , .1- .9 may have been seen. This characteristic of flat .,9. I...." roof lines is important and should be continued ,-0 - an,r~. in new projects. 1 6.22 Rectangular forms should be dominant Rectangular forms should be dominant on Commercial Core on Commercial Core fagades. fa,ades. • Rectangular forms should be vertically oriented. r--T--~7--T -.--- ] • Thefagade should appear aspredominantly flat with any decorative elements and I projecting or setback "articulations" 1 appearing to be subordinate to the dominant I form. 1 YES! ~ NO! ~ YES! YES! ~ 6.23 Use flat roof lines as the dominant roof ' fornn. sidewalk • A flat roof, or one that gently slopes to the street rear of a site, should be the dominant roof -- forrn. Orient a building parallel to its lot lines. • Parapets on side fagades should step down towards the rear of the building. • False fronts and parapets with horizontal emphasis also may be considered. 6.24 Along a rear fagade, using building forms that step down in scale toward the alley is encouraged. • Considerusingadditiveforms, suchassheds, stairs and decks to reduce the perceived scale. These forms should however, remain subordinate to the primary structure. • Use projecting roofs at the ground floor over entrances, decks and for separate utility structures in order to establish a human scale that invites pedestrian activity. Commercial, Lodging and Historic District Design Objectives and Guidelines U page 107 Commercial Core Historic District City of Aspen . 3- .:th- „'.a. .4.2. wr»· ·- : a-- -- 1~ -~ i) , . blt' 1 Building Height, Mass & Scale -% 11 The character of the Commercial Core derives - -------€ -ele#; -~.7~3.1-77 43 4 - in part from the range and variety of building # 647.-* .1-'&- M... -21 heights. These vary from one to three stories. Building height with traditional lot width and .r ...~.. - - c -.--z.· fS< 35·ip creates a constantly changing cornice profile along a block face. This is the basis of the human scale, architectural character and visual vitality of the city center. New development in this area should h J. .' continue this variation. With respect to scale, a new building shall also be Maintaining a block faqade and orienting new development with sensitive to nearby historic building These range the street grid cre two key objectives in the Commercial Core from single story historic residential structures to District. three story Victorian commercial buildings. ./.- t.. m q. r i I=. ./* r 0* il ; 11" I Two Story Scale 6.25 Maintain the average perceived scale of two-story buildings at the sidewalk. - • Establish a two-story height at the sidewalk edge, or provideahorizontaldesignelement 1612,5-6- =BIL,il at this level. A change in materials, or a molding at this level are examples. * Height Variation Maintain the average perceived scale of two-story buildings at In the Commercial Core area building heights the sidewalk. range from one to three stories. This variation in fagade height is a key characteristic that should be maintained. Variation in height should occur where the site is larger than two traditional lot widths, in order to reduce overall scale of the building. A variation in fagade height, often in conjunction with setting back an upper floor, may be required. 6.26 Building fagade height shall be varied from the fa,ade height of adjacent buildings of the same number of stories. • lf an adjacent structure is three stories and 38 ft. tall, new infill may be three stories, but must vary in fagade height by a minimum of 2 ft. page 108 Commercial, Lodging and Historic District 271 Design Objectives and Guidelines City of Aspen Commercial Core Historic District 6.27 A new building or addition should reflect the range and variation in building height of .4 .., .th ...4 if .t It. the Commercial Core. .........Ii-*U- I 64. .. ......, -t· r Refer to the zone district regulations to ~,£q~ lif~M~~~~~ determine themaximum heightlimitonthe - <flf lit' . subject property. --4 • Aminimum 9ft. floortoceilingheightistobe maintained on second stories and higher. 4 0 T A © • Additional height, as permitted in the zone , :1, E §* district, may be added for one or more of the - 4. - following reasons: , - In order to achieve at least a two-foot variation in height with an adjacent A new building or addition should reflect the range and variation building. in building height of the Commercial Core. - The primary function of the building is civic. (i.e. thebuildingisa Museum, Civic Building, Performance Hall, Fire Station, *- -I-- ' L-p--/1--4 etc.) T 3-3 pli '2 - + d:. Fr- - Some portion of the property is affected --1 0 - , MI 51 ,- - byaheightrestrictionduetoitsproximity - -~ ..f»7-- ' E-'71, 0 ..-1-~~~-art~~~~~ .,.!t;"' - 1-W' tirtit to a historic resource, or location within a View Plane, therefore relief in another \ 44*31)% 7.·· . 'L.,-rti i . - 1- 44?,44IT · : r(· 643·1+ area may be appropriate. -+0- . 1-,6 1.-1. - To benefit the livability of Affordable Housing units. Methods of achieving height variation within a single building - To make a demonstrable (to be verified by include (A) stepping the building down as it approaches the alley the Building Department) contribution to and (B) stepping the building along the primary faqade the building's overall energy efficiency, for instance by providing improved day- Existing Building New Building 1 1 lighting. 6.28 Height variation should be achieved using one or more of the following: • Vary the building height for the full depth 1 1 42 2 38' of the site in accordance with traditional lot t width. • Set back the upper floor to vary the building fa,ade profile(s) and the roof forms across adjacent buildings of the same number of stories. Building kade height shall be -varied from the kade height of the width and the depth of the building. • Vary the fagade (or parapet) heights at the front. • Step down the rear of the building towards the alley, in conjunction with other design standards and guidelines. ' Commercial, Lodging and Historic District Design Objectives and Guidelines page 109 City of Aspen Commercial Core Historic District Height Adjacent to Historic Structures The Commercial Core Historic District is the - »'«22 -I-.- -- setting for a very diverse range of liistoric *wi-,-r * -1.,- t Ohul structures. Designing a building in the historic i i I. Jd district demands a sensitivity in design analysis h I and approach which is exacting and which will 4%4,.ft,~.4 M. vary with each situation, The intent is that a 42 4721 ---/-- new building or addition to an existing building should be designed to respect the height and N. il Ev>e scale of historic buildings within the commercial L...1 , , 1 V r. 541FC .~ P core. Historic One Story _~ ..141 L j .1 * Commercial Type N((2(, 6.31 A new building should step down in Building scale to respect the height, form and scale of a ---~ 4* historic building within its immediate setting. Building Made height shall be u maximum of one floor higher within 30 ft. of an adjacent single story historic building 6.32 When adjacent to a one or two story 1/ " '" i u -- historicbuildingthatwasoriginallyconstructed 1. for commercial use, a new building within the - - - 2-e*' same block face should not exceed 28 in height 1 " within 30 ft. of the front faqade. ·-4 " tr-- • In general, a proposed multi-story building i + 1 11 , must demonstrate that it has no negative . 6 1 e. 4 t„ .2.-SI>- impact on smaller, historic structures · K _1- 1 Lt.· nearby. 1/«1/=9 - - • The height and proportions of all fa,ade components must appear to be in scale with ./ r Historic One Story Residential__4 - ----- -ul i nearby historic buildings. type Building 6.33 New development adjacent to a single New infill adiacent to historic miners cottages shall not exceed story historic building that was originally 28 ft. 111 height withill 30 ft. of the property line adjacent to the constructed for residential use shall not exceed historic structure. 28 ft. in height within 30 ft. of the side property line adjacent to the historic structure, within Iconic Historic Structures the same block face. Visually prominent historic structures influence the design character of Downtown 6.34 The setting of iconic historic structures Aspen and should be recognized. These are: should be preserved and enhanced when feasible. • The Wheeler Opera House • On sites comprising more than two • The Elks building traditional lot widths, the third floor of • The Independence building the adjacent lot width should be set back a • Pitkin County Courthouse minimum of 15 ft from the front facade. • Hotel J erorne • Step a building down in height adjacent to • City Hall an iconic structure. • St. Mary's Church • Locate amenity space adjacent to an iconic structure. Commercial, Lodging and Historic District 6%12 Design Objectives and Guidelines pase 111 AA,W- S. Regular Meeting Aspen Citv Council August 2Li~1 ~'2- amendments are done is that in the prior system, staff would get direction at a work session, write the amendment, go through P&Z, get public feedback, then come to Council who may not be interested in the code amendment. This process is to get policy guidance before the ordinance is written and will give staff clarity in what Council wants from a code amendment. Councilman Frisch said it is in the long term best interest of the community to have some free market units in town whether on first. second or third floor. Councilman Frisch agreed i f there is no qualifier, these units will not be to the benefit of the community. Councilman Skadron asked if it would be injurious to the community' s economy to prohibit development of free market units. Councilman Frisch said he feels it would be a disservice to the community. Councilman Frisch said there will never be a lodge on small downtown lots. Councilman Frisch said free market units are one way of getting things for the community, like affordable housing. Councilman Johnson stated one of his concerns is not allowing any free market residential could increase commercial rents. Councilman Johnson said he would prefer to discuss how things the city doesn't like to be fixed and allow, when appropriate, some free market residences. Mayor Ireland said the city has to stop allowing the use that is driving out uses the community wants. Councilman Frisch said he would prefer some allowances for free market residential; this amendment is too restrictive. He would like to work toward getting more o f what the community wants. Councilman Torre stated he is in support of this as he has campaigned for years to make residential units inhabited, to increase the downtown vitality, limiting the size of units to fit full time residents and nothing that has been put in the code has worked. Restricting the size of units to get more density has not worked. Councilmembers Skadron and Torre, Mayor Ireland in favor; Councilmembers Frisch and Johnson opposed. Motion carried. Mayor Ireland moved to have staff to draft a resolution to address the problem of the double dip/mixed use housing exemption and the tear down credits that give one credit for affordable housing that was never provided and rewards tear downs rather than provide credit to developers who preserve a building; seconded by Councilman Torre. All in favor, motion carried. Mayor Ireland moved to approve Resolution #82, Series of 2012, as amended; seconded by Councilman Torre. Councilmembers Skadron and Torre, Mayor Ireland in favor; Councilmembers Frisch and Johnson opposed. Motion carried. 420 E HYMAN - Call Up Sara Adams, community development department, reminded Council they voted to call up the conceptual commercial design and historic development approval. This building is located in the historic district but it is not a historic landmark. Ms. Adams noted the call up provisions result from a code amendment adopted in March which changed the call up process. The call up is now after the conceptual review is granted, which allows Council time to address mass, scale, height. and site planning rather than after final review. Council has 3 options; accept LIPC's decision; remand the application back to HPC with direction for reconsideration; continue the 9 Regular Meeting Aspen Citv Council August 27, 2012 meeting and request more information. Staff is recommending Council remand the project to HPC. HPC's decision after rehearing is final and concludes the call up review. Ms. Adams noted this proposal is to scrape and replace a two-story building with a three-story building as mixed use. During the conceptual review, staff recommended the applicant restudy height and the third floor setback. Ms. Adams told Council the applicant's propose to address these concerns by lowering the height and increasing the third-floor setback. These changes were proposed at the meeting with no new drawings; however, the changes were clear. Staff's concern is the process. HPC decided to add a condition dealing with mass and scale at final rather than at conceptual. Conceptual review deals with mass, scale, height and site plan. HPC struggled with the impacts a glass box would have with the mass and scale. Final review deals with materials. HPC approved conceptual with the condition that mass and scale would be reviewed at final concurrent with the materials and that has caused staff concern and recommends it be remanded. HPC voted 3 to 2. Ms. Adams said the land use code states conceptual is a binding review on the commission; they are setting up the size of the box. The next review is what goes into the box, then what goes on the box. Ms. Adams said this should be remanded to HPC for them to decide on the mass and scale of the project. Ms. Adams reiterated staff feels HPC should decide on mass and scale at conceptual so that the applicants know what they have to work with for final review. Mayor Ireland asked i f one of the issues in mass and scale is compatibility with surrounding properties. Ms. Adams said that is one o f the guidelines. Charles Cunniffe, representing the applicant, told Council HPC felt the size of the building was all right but the HPC wanted to see how the materials interacted with the mass and scale. The height has been reduced and the setback has been increased. The applicant was all right with continuing the materials discussion with mass and scale continued to final review. Councilman Torre asked about the height of the divider wall with the building to the east. Cunniffe said it is the same height as the roofline. Councilman Torre asked i f this dividing wall will affect the westerly views from the building to the east. Cunniffe said the purpose of the wall is to prevent the spread of flames from one building to another; the applicants will work to minimize that wall and if it not required by the building code, it could be eliminated. Councilman Torre noted he understands the design guidelines to seek variation in materials, variation in roof lines, and he is concerned about where the design guidelines are taking the town. Councilman Torre stated he is for a blend of new and old but not for a total discounting of the old for one's wish about glass boxes. Councilman Torre said he does not want to see the character o f Aspen, which has brought a lot of success to the town, being turned into an urban center of the Rockies. Councilman Torre said he would support staff' s recommendation to remand this back to HPC. Councilman Skadron said he too supports staffs recommendation. Councilman Skadron questioned the affect this building will have on the historic core; the design is wrong for the historic core. Councilman Johnson agreed this should be sent back to HPC and his direction would be to figure out mass and scale before the materials discussion. Councilman Frisch stated he supports staff' s recommendations that HPC relook at the building and design. Mayor Ireland said he does not want to see a lot of glass buildings on the mall; the malls have a consistency and beauty to them. There are places in town with eclectic styles but the mall is historic in character. 10 Regular Meeting Aspen Citv Council August 27,2012 Mayor Ireland moved to remand the project to HPC; seconded by Councilman Johnson. All in favor, motion carried. 601 E HYMAN AVENUE - Call Up a Nadolny, community development department, told Council this application re sts ap oval of demolition of an existing building and replacement with a three-story xed use buil ' g. Ms. Nadolny said the proposal is commercial space on the first two flo rs and a free marke esidential unit on the third floor. Ms. Nadolny told Council this was r iewed by P&Z for conc tual review to approve height, scale and massing. Council chose call up the review and has th option to accept P&Z's decision, remand the application to P or continue this hearing to r uest additional information. Ms. Nadolny n ed conceptual review deals with public amenity spa and this issue was left unresolved. Ms. adolny pointed out the applicant decreased pub ' amenity space on site from 13% to 6% and reg sted to provide the rest by cash-in-lieu. P voted 4 to 2 to approve the conceptual design an to resolve the issue o f increasing the a unt of on-site public amenity space at final commerc 1 design review. Ms. Nadolny sai onceptual approval locks in how the site will be used, staf eels the public amenity issue s uld be resolved before going forward and recommends the applic t be remanded back to P& . The applicant has proposed to pay a portion of the public amenity ace by cash-in-lieu a P&Z recommended that be allowed. Chris Bendon, community develo ent departme , said the purpose of allowing cash-in-lieu for public amenities is that some sites 1 d themsel s better to allowing onsite spaces; other properties do not face the right way or o not ave the right surrounding uses. Bendon said a concern is that there is not clarity with w t ets approved at conceptual. Bendon said staff wants clarity with mass and scale at conc al and not deal with mass and scale at final. Bendon noted there is a split opinion; o of ich looks at the space and says on the corner there could be enough usable space th may ha an attraction to it depending on its design. The applicant did not take that direc on; P&Z had discussion about that issue. The design and public amenity space depend on t type of uses on t ground floor; this building is somewhat off the commercial core and wil probably housing offi s, which are allowed on the ground floor in this zone. Bendon no d the Art Museum will be uilt in this block and could affect the amount o f pedestrian traffic hich could result in a success 1 commercial space, like a coffee shop. Stan Clauson, represe ing the applicant, told Council the applica does not have a problem remanding this to P to get the issue resolved. Clauson said the a licants are willing to provide the full 13 0 of onsite pedestrian amenity. Sarah Broughton, a hitect, told Council they were tasked wit creating an iconic piece for this corner. This is a constr ned site with only two facades. Ms. roughton said they used the concept of some surrounding la formations to become part f the fagade. Council n Skadron said the existing building is relatable; it feels comfortable to alk next to. Counci an Skadron noted he understands the architecture proposed for the new bui ing but does ot feel the building captures the pedestrian the same way emotionally. Ms. Bro hton 11 Adww 6 11-14-1 1- A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) GRANTING MAJOR DEVELOPMENT (CONCEPTUAL), COMMERCIAL DESIGN STANDARD REVIEW (CONCEPTUAL), DEMOLITION, AND VARIANCE OF TRASH/UTILITY/RECYCLE SERVICE AREA DIMENSIONS THE PROPERTY LOCATED AT 420 EAST HYMAN AVENUE LOT O, BLOCK 88, DUVIKE CONDOMINIUMS, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION # 17, SERIES OF 2012 PARCEL ID: 2737-037-39-020 THRU -027 AND 2737-073-39-801 WHEREAS, the applicant, Duvike Inc., has requested Major Development (Conceptual), Conceptual Commercial Design Standard Review, Demolition, and a variance of the Trash/Utility/Recycle service area dimensions for the property located at 420 East Hyman Avenue, Lot O, Block 88, City and Townsite of Aspen, Colorado: and WHEREAS, 420 East Hyman Avenue is located within the Commercial Core Historic District and is not considered a contributing building to the integrity of the I Iistoric District; and WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or district until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review;" and WHEREAS, for Conceptual Major Development Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project' s conformance with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.D.3.b.2 and 3 of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, for Conceptual Commercial Design Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project' s conformance with the City of Aspen Commercial, Lodging and Historic District Design Objectives and Guidelines per Section 26.412.040.A.2, Commercial Design Standards Review Procedure, of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, in order to authorize a Demolition, according to Section 26.415.080, Demolition of designated historic properties, it must be demonstrated that the application meets any one of the following criteria: RECEPTION#: 591420, 08/16/2012 at 420 East Hyman Avenue 11:15:04 AM, HPC Resolution #17, Series of 2012 1 OF 3, R $21.00 Doc Code RESOLUTION Page 1 of 3 Janice K. Vos Caudill, Pitkin County, CO a. The property has been determined by the city to be an imminent hazard to public safety and the owner/applicant is unable to make the needed repairs in a timely manner, b. The structure is not structurally sound despite evidence of the owner's efforts to properly maintain the structure, c. The structure cannot practically be moved to another appropriate location in Aspen, or d. No documentation exists to support or demonstrate that the property has historic, architectural, archaeological, engineering or cultural significance, and Additionally, for approval to demolish, all of the following criteria must be met: a. The structure does not contribute to the significance of the parcel or historic district in which it is located, and b. The loss of the building, structure or object would not adversely affect the integrity of the historic district or its historic, architectural or aesthetic relationship to adjacent designated properties and c. Demolition of the structure will be inconsequential to the historic preservation needs of the area; and WHEREAS, for approval of reduction of trash/utility/service area dimensions, a staff analysis report and the evidence presented at a hearing to determine, per Section 26.575.060.B and Section 26.430 of the Municipal Code, that the reduction: 1, There is a demonstration that, given the nature of the potential uses of the building and its total square footage, the utility/trash/recycle service area proposed to be provided will be adequate. 2. Access to the utility/trash/recycle service area is adequate, 3. Measures are provided for enclosing trash bins and making them easily movable by trash personnel. 4. When appropriate, provisions for trash compaction are provided by the proposed development and measures are taken to encourage trash compaction by other development in the block. 5, The area for public utility placement and maintenance is adequate and safe for the placement of utilities. 6. Adequate provisions are incorporated to ensure the construction of the access area. WHEREAS, Sara Adams, in her staff report to HPC dated July 25, 2012 performed an analysis of the application based on the standards, found that the review standards had not been met, and recommended continuation; and WHEREAS, at their regular meeting on July 25, 2012, continued from June 27, 2012, the Historic Preservation Commission considered the application during a duly noticed public 420 East Hyman Avenue I IPC Resolution #17, Series of 2012 Page 2 of 3 hearing, the staff memo and public comments, and found the proposal consistent with the review standards and recommended approval with conditions by a vote of three to two (3 - 2). NOW, THEREFORE, BE IT RESOLVED: That HPC hereby grants HPC Major Development (Conceptual), Conceptual Commercial Design Standard Review, Demolition, and a variance of Trash, Utility and Recycle Area Dimensions for the property located at 420 East Hyman Avenue, Lot O, Block 88, City and Townsite of Aspen, Colorado with the following conditions: 1. The height of the building is limited to 38 feet. 2. The third floor has a 15 feet setback from Hyman Avenue. 3. Utility/Trash/Recycle Service Area is approved as designed. 4. Off-site Public Amenity is approved subject to Parks Department approval. 5. A full review of mass and scale with materials shall occur at Final HPC Review. 6. A development application for a Final Development Plan shall be submitted within one (1) year of the date of approval of a Conceptual Development Plan. Failure to file such an application within this time period shall render null and void the approval of the Conceptual Development Plan. The I Iistoric Preservation Commission may, at its sole discretion and for good cause shown, grant a one-time extension ofthe expiration date for a Conceptual Development Plan approval for up to six (6) months provided a written request for extension is received no less than thirty (30) days prior to the expiration date. APPROVED BY THE COMMISSION at its regular meeting on the 258 day of July, 2012. I. I 434/U-U Ann Mullins, Chair Approved as to Form: Debbie Quinn, Assistant City Attorney ATTEST: 4414?f941_--*.di- 4/ t Kathy Stricliland, Chief Deputy Clerk 420 East Hyman Avenue 1-1PC Resolution #17, Series of 2012 Page 3 of 3 Akibit P A-/4 -/1- ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF JULY 25, 2012 Issues: Cornices, 30 foot modules on Hopkins and street elevation rendering of the Hopkins block for context. 420 E. Hyman Ave. - Conceptual Major Development and Conceptual Commercial Design Review, Demolition, Special Review - cont'd from June 27th Public Notice - Exhibit I Power Point - Exhibit II Sara said the project is a scrape and replace of 420 E. Hyman. The lot is a 3,000 square foot lot, 30 x 100. The existing building was built in the early 1970's and it is a two story building. 1 he proposal is to replace it with a three story building. Currently the building is mixed use, commercial and residential. One of the requests is to grant a height increase from 38 feet to 40 feet. Staff is recommending continuation with two areas ofrestudy: Restudy the third floor setback and to lower the height o f the building. Staff is in favor ofthe site plan which mimics the existing site plan in terms of access and the zero front yard setback. They are proposing an off-site amenity with improvements to the pedestrian mall subject to the Parks Department approval. Staff is concerned about the scale and mass particularly the third floor. Right now they are proposing a 12 foot setback but we find that not adequate enough as they are adjacent to two historic landmarks. The immediate adjacent landmark has a15 foot setback and another one has a 20 foot setback. We do consider this a corner lot with the internal alleyway and you will be able to see two facades and have the visibility on two sides. The request on the height is to increase it to 40 feet. Staff is concerned about the context o f that height in the historic district especially in this block which has a very strong two story element with a third floor that is set back. The third floor is 13 feet and the second 11 14 feet. Typically you want the third floor to be subordinate. Guideline 6.27 talks about the criteria for granting a height variance and feel none of those are met. The trash utility was a concern but the applicant has coordinated with the Environmental Health Dept. and they are supportive of their dimensions. Staff is recommending continuation because of the third floor setback and the height ofthe building. Staff also finds that the demolition criteria are met. Charles Cunniffe, Cunniffe Architects Brian West, Cunniffe Architects 6 ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF JULY 25,2012 Charles said this is a constraint site and we looked at the plans and can go to a 15 foot setback which matches to the building adjacent to it. The roof continues along the easement because it covers the walkway to the second floor but we could eliminate that. The issues that need to be addressed are the height which we can accommodate and the setback from 12 feet to 15 feet which we can accommodate. About 50% ofthe building is set back from the easement. Across the street are two four story buildings. Charles said you enter the second floor for the free market unit and then you go to the top floor and there is a little deck in the corner which also gives us some relief on the corner and softens it. The second and third floors are both recessed because that is our access walkway to the four units on the second floor. We are using the access walkway as a setback because the building recesses at the alley and the third floor is open. We ran the roof over the third floor that is open. On the setback I guess we could eliminate that roof or bring the roof down to the second floor. We believe the walkway should have some shelter from the rain etc. Our client wants a gem of a building, a cool little glass building. We want to show the mullion lines in a more vertical pattern so it will re fleet some o f the historic patterns of store fronts yet be totally a glass block. Jane inquired about the fire wall. Charles said it is a privacy wall between the two decks and it is a cooperative with them and it is a fire wall because ofthe openness between the two buildings. We thought we could do some translucent fire rated glass so it will allow light to penetrate and it would add to the translucency of the building. Ann inquired about the height reduction and which floor that would be taken off of. Charles said probably 18 inches off the third floor and 6 inches off the second floor. Chairperson, Ann Mullins opened the public hearing. There were no public comments. The public comment portion o f the agenda was closed. Ann stated the issues: 7 ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF JULY 25, 2012 Site plan; scale and mass which includes the setback; height; public amenity option #2 and trash and utility. Jamie said she appreciates the height drop to 38 feet and the 15 foot setback for the third floor. As long as the trash enclosure works for the city that is fine with me. I'm also fine with the site plan and the public amenity. My only concern is scale and massing and it has to do more with materials than scale and mass but to me they go hand in hand. The concern is how the darks and lights work together and how reflective it will be with all the other buildings. The connection details are critical. The mass and scale needs to be studied with the materials. We need renderings of all elevations with materials and that would be extremely helpful. Renderings show what the materials are really like. Charles said it is intended to be a non-reflective glass. Jamie said maybe we need to look at a sample on-site. Willis said the applicant is using more than one type ofglass. Charles said some of the glass will have a grayish tint to it and some will be clear. The client wants a "jewel" box that you see into as opposed to being something solid. Willis requested a rendering from the north side to confirm what is there. We also need to see the firewall. The project is cool and it is about the materials being reflective. Jane said from a development perceptive this is an incredible difficult site to develop on. The massing is appropriate for the site and the only confusing area is how the building connect to the building next door up high as that is a difficult transition. 1 am not sure how the translucent glass works. I also agree that the materials are going to be very important. Patrick also thanked the applicant for reducing the height and setback. Eliminating the covered walkway also helps the massing. The comparison between the Quicksilver building 15 feet back and the proposed building 15 feet back it affects the mass and scaling the way the treatment of the soffit or overhang from the third floor occur. If there is too much overhang out there it adds to the mass. Ann said the site plan and public amenity solution are fine. The overall height ofthe building overpowers the adjacent much smaller historic 8 ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF JULY 25, 2012 buildings, guideline 6.31 and 6.32. I am not sure how well the glass box works in reality once you get furniture and curtains in there. It might be too busy and distract from the other buildings. Maybe there are examples of buildings that have been constructed as glass boxes that we could see. Charles said Apple stores are an example and they have transparent glass and the buildings are very cool and engage you with the pedestrians. 1 feel they are more successful than a solid building. Morris and Frywall also did a small office by Clark's and it is nice and clean inside. The occupant of any of these spaces needs to recognize that the space will be very visible. The applicant is very consumed about architecture and sculpture and concerned with contemporary minimalism. If the glass is non-reflective I think the project can be very successful. I am hopeful that we can get adequate feedback from the HPC board. When an applicant can eliminate some ofthe restudy concerns right offthe bat and be able to simplify what the application is then it would be easier to come to conceptual with conditions because the conditions are made much more simply. MOTION: Jamie moved to approve resolution #17 for conceptual approval of 420 E. Hyman with the following conditions as discussed: Reduction of the height to 38 feet The third floor stepping back 15 feet Trash enclosure as redesigned Site plan OK Public amenity off site OK Approval of demolition Submit for final review within one year For final is a full review of mass and scale with the materials. Motion second by Jane. Discussion: Patrick said he would like to see the covered walkway eliminated for mass and scale reasons. Sara asked ifJamie is visioning that HPC could change the mass and scale for final? Jamie said yes. Sara pointed out that there are other steps that this project needs to go through and they need to rely on the size of the box; growth management and subdivision. That request maybe problematic with the growth management if HI?C requires that the box be smaller. 9 ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF JULY 25, 2012 Jamie said her concern is with the materials and maybe a piece of the glass element becomes a solid element. I am generally OK with the mass and scale. Ann said materials and fenestration affect the mass and scale and we aren't supposed to look at that until final. Sara asked Charles about looking at materials at conceptual. Charles said they are open to working to HPC's satisfaction if that can be something that is separate from the total mass and scale. Ifthis building was solid and not glass it would still have the same mass and scale. Willis said it is not clear to him how the materials transition from the front ofthe building into the back. Is there a wood material proposed. We also need to see the mass and scale from the alley, views you normally don't present. Charles said one ofthe problems is that materials are due at final and we are trying to get conceptual approval in order to spend time doing the further research at your client's expense to take it to the next step. When you have to look at materials up front you need to involve a mechanical engineer for heat loss, structural engineers etc. That is the stuffyou do between conceptual and final and when you put that kind of involvement on a client at this stage it is burdensome. There is a lot to do between conceptual and final. Jane said in terms of mass and scale and the variations of materials that might be used how much more massive and how much more different will this be. I can understand what the materials are as presented and ifthere has to be some kind of variation for one reason or another I think it is up to the monitor to assist in that effort. I am here to identify the mass on the site and make sure it fit and that the proportions are done well. As a commissioner I feel this is met tonight. We need to respect the applicant that they aren't going to majorly change the materials. Proportionally it works well and the mass meet all the requirements and they are giving back to what they originally proposed. Jamie said she doesn't see the overall mass and scale ofthe building changing. We need to know how they integrate, 10 ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF JULY 25, 2012 Ann said she feels the proposal is too big for the site. Total glass goes against the guidelines. Roll call vote: Jamie, yes; Patrick, no; Ann, no; Jane, yes; Willis, yes Motion carried 3-2. MOTION: Ann moved to adjourn, second by Patrick. All in favor, motion carried. Meeting adjourned at 7:30 p.m. fruy-4 6:- 39>tl-kil- ---~ -1- -~-___-tr Kathleen J. Strickland, ChiefDeputy Clerk 11 Sara Adams From: Brian West [brianw@Cunniffe.com] Sent: Wednesday, November 07, 2012 2:53 PM TO: Sara Adams CC: Charles Cunniffe Subject: RE: 420 e. hyman Sara, The second floor deck is the same setback as the third floor. 15 ft. Yes, I believe we have extra FAR to use on the third floor deck since we had to shrink the free market unit as a result of the City's requests. The overage of deck FAR should fit within the limit for the free-market FAR. Brian Brian West I Senior rl.-2 Arcnitoct Charles Cunniffe Architects 610 East Ilyman Avenue Aspen. Colorado 81611 Tel: 970.925.5590 Fax: 970.925.5076 Frnail: brianwi f.f cunnitte.corn \Veb: 42»V...Cuo.niffiR,-O.2-9 AMERICAN INSTI-1 UTIOF ARCHITECTS CO WEST 2010 FIRM OF THE YEAR! From: Sara Adams [mailto:sara.adams@cityofaspen.coml Sent: Wednesday, November 07, 2012 2:43 PM To: Brian West Subject: 420 e. hyman Hey Brian, what is the setback of the 130 sf second floor deck facing Hyman Mall? Also there is 563 sf of deck proposed for use by the free market residential unit. The deck exemption allows 15 % of max FAR of 1,500 st or 225 st of deck to not be included as FAR. Are you including the remaining 338 sf in your FAR calculation for the free market residence? Please confirm. Thanks, Sara ** please note: my email is changing to sara.adams@cityofaspen.com Sara Adams, AICP Senior Planner City of Aspen 130 South Galena Street Aspen, CO 81611 tele. 970.429.2778 www.aspenpitkin.com 1 Please note my new cityofaspen.com email address and update your records accordingly. My old ci.aspen.co.us address will be expiring soon. 2 @. LETTER OF TRANSMITTAL @53 CHARLES CUNNIFFE ARCHITECTS To: Sara Adams / Amy Guthrie From: Brian West Company: City of Aspen Date: November 6, 2012 Telephone: 970.429.2778 Job No. #1211 Address: 130 South Galena St. Project: 420 E. Hyman Aspen, CO 81611 REGARDING: HPC Remand Submittal for 420 E. Hyman WE ARE SENDING YOU: 0 Attached via Drop Off @ City Community Development Dept. m Via: the following items: ¤ Shop drawings 9 Prints 0 Originals O Samples O Specifications 2 Copy of Letter/email RECEWED 0 Change order ¤ Computer Disc(s) ¤ Other: NOV 0 6 2012 CITY OF ASPEN DESCRIPTION: - (10) copies of a letter summarizing the revisions to project. COMMUNITY DEVELOPMENT - (10) copies of the color renderings (4 each) of the building in daytime. - (10) copies of the Hyman Avenue street elevations. - (10) copies of the color renderings of the building elevations. THESE ARE TRANSMITTED as checked below: 0 For approval ¤ Approved as submitted O Resubmit copies for approval O For your use ¤ Approved as noted ¤ Submit copies for distribution 0 As requested ¤ Returned for corrections ¤ Return corrected prints 0 Review & comment ¤ Prints returned after loan to us ¤ Other REMARKS: Sara and Any, As requested, attached are the above described items for 420 E. Hyman. Contact us with any questions. Regards, Brian 610 East Hyman Avenue a Asten. Colorado 81611 , tel: 970.925.5590 m fax: 970.923.5076 • www.cunniffe.com ~ L- - CHARLES CUNNIFFE ARCHITECTS November 5, 2012 Sara Aclams Senior Planner Aspen Community Development 130 S Galena Street Aspen, Colorado 81611 Re: Description of Design Changes 420 East Hyman Avenue, Lot O, Block 8, Aspen, Colorado Dear Sara: As requested, the following information summarizes the revisions to the project design since last reviewed by the HPC as well as by the City Council. The building height has been lowered to 38 feet. The third floor front wall has been pushed back so that it is 15 feet from the front fagade of the building. The masonry party wall and rear alley walls are now delineated as stacked CMU. The separation wall between the building's third floor deck and the adjacent building's third floor deck has been eliminated since the adjacent building already has a separation wall. Best regards, LCUL C--4 Charles L. Cunniffe, AIA Principal 610 East Hyman Avenue • Aspen, Colorado 81611 • tel: 970.925.5590 fax: 970.925.5076 0 www. cunni ffe . com 1 ~ CELEBRATING JU YEARS OF AWARD WINNING ARCHITECTURE J .. ,. . . . - 1 N · 4 I, I Au"_. A -1_'.1 ... . 0 . , Ur, 1. 1 PAR.KINg-. · . SE-ad : . 6PAfr.el . > . . I . S B.. . R: 0 ' --4 · . U 4 7%1 P. .... -, . 1 , , 0 .*i./M , ....t . . 1-r .t . 1.1 . I . i 1 t i... 3 - 4 . 0. 44 . . 11* a . ." 1 LALE· · 6 1,731 * I j './ 1. g . - I . .1 4-416 - 1 1, 41, 4, P 11' 0 D .':75?2774 / ..'. ·.-· h 11 d -IN . 1 f 1 / / ,„A. . , / U. . . -4 .3 =- /46 : /,7= . r rT," . . 4. 116 (po * 1 rm= 0 i2 - -0 11 L_ut 1. · U_ . //Y.//.A 'trK b. .1.- u L .ML 1 1,44 f .12 . --va#datu 'z ¢ 1 11.. 1...... , .. 14 ....1., ' -ty':r==-7 1 2 -r· 1.1 . , liL - I. g.' M« : /l; 4.1 1,4 .ff *a tin .4 , ... 1 /' 0\V.EN\.d . .. 494012 I I . 1, ·-2 ... I .:#SErillirs.:Firsi'..335 .. 1.t ¢ . MALL ' ' ·'.. BASEMENT ' .Isf FLOORI. 2·ND FLOOR d -COMMEERCIAL. 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' tf *4- 3 7 iill//6/aur'%' 4/kit./53 ./2.:/A"*Wk.5.-2 j16 -ill ' '' h.... * 1 4 ~ALS#?91~~ h. 4% , f. t: 4, p k. 9-ti 1 . A C.4 itt . ., f, : 9~ - 1,9.1>- '4 . I '4 L.F..,,04 '1472'~47~ 94.4 I I Vf •. • Er - S .3** - \ 0=, l. _ 1VD,4,9 4''t *:34 'mt.~t , . 1 f 1, +96640*j!59¥¢r- ' /ir '. ¢: 1%, , f. 1406, ' .r' 911% 1, I . 4.' p,133&. . - 4/:,1//./6-% -52't'-3 1 .1 ~ 04*1,4 1~242-fT.4*40 >er:-A.,0 ¢ % 143t~ '1: « 'ht u- V#/4 ...42 -- A , 16 • 44 14,3 ',,5.2.F'* 't- , .4 >.4 . a, 1- 1, -,i,6~:*le 11!i 2 <* , 3.'22 mi 4- 4£11 . ..ii ' m- . 0.4.224 . I , ./**4. 1 1 4 44 . '.4 DE .\ 1 I , ' A .' U.. , .0.- 2,4 911 94 9 , u .-4 121%,1 1 9= . 4 5.49 2 -*W 4 4 : . ' 7 -I. • I. a -. -- ., ~4- 1 11 ' ~ 141 .-'.4 --1 'JP. ./ I VS -- 1 71 14 xit * 3., V.y 41 -t V-.= j . it -; , d t'~• 1 7 i 34:1440% ' <K .i :ali.Apt g- i <' ; t V ....17 4, I - .- :61 8,3 394~.¢lt- ) 1 . 2 4 , 0 4 71? 1 \10.¥< 9.41 IIi- 1 . (i ...# 4%111 i - 0 414 6." . I + ··1 .?1' UIIi 1, 7, 41*34 111 2' 4 1 4 1 4 93 4 I :4 1. 14~ + 4 ~ f.%1 ..,14 AA % 1 "112:2 1/11.."lammt -»4*lk , 4 4 4 7,013%1 P ~7»,t = 1- * 3 11 - ht t ~1 /~Ptt:- 1 1/#//////////~ 11./18.~ @. -, 406, -- @U I - '. .''I* .3,=.. .... ' CHARLES CUNNIFFE * ARCHITECTS ~-· ·ft=&3 ..W*.- u + Jl# 1/. S%.0 420 E. HYMAN AVENUE ACTUAL WITH TREES . W Ir . e 4f 0:..7 A ./f.'.. « 44 - -4.. A ¢ %4 g·€ R I .=€:sies**Ze/"I'lili 4 1 4 4 6 mi p 1 /4.47 % ily.1 ':, '" 4 4 4 '.'' '1 11 . b 3 1 43 4 -·· ·-:Il-ff ··>~I. ~ ~ j _~ir. ~~~4~t L .~:-4-1- - ~_f- @M 4, - I # - '- ·:-12 -4- I_ . t. : ~:r ' 7- 1. - ~ --1:22---:~ . =-.-2. -- 1-' 37/:-2-_ -- ~1 -21-0.-.'.·f.J ·:~-·· ..1 -:r.· ·-·· :-·--- V S.·- ·_. --· --- --/ u. CHARLES CUNNIFFE =·· ~'~ . ARCHITECTS 420 E. HYMAN AVENUE MODEL WITH NO TREES . N . 1 1 1%'.1 j - ~ 4, 1-AL l 4 il / ..... ~ feR:70 4 ~ Pr,13 , 1 ':. , 5 fiew I I. 1 1/:1 1 F . 1 F ... I. ,/~. S~* 1 * 2179.-- P 4.4* 2*©11~1 ./14 4 ¢%AN' 4 \ ? 332-- - ..% *·49 3 14,;2. '. 4/AL w '&& 7 1 t iry bl . 4 - ---0/75 <b E + -1 I 1 - -- . j 29 V '0 +4* 124% 2.49 - &24·'.k %. .=1 ..93- 7 *. t-.-- 1/ CARDBOARD ONLY . I . 11. 44 9. c. . N--- - ~~*< 012-:f. ... )* .. - *54;2~. »: -».4 904. -. . I 9 .. . Kil'll - 1.- v. 8101 /9,186 iah-2# .*... .--I ..... -# 2- I. ./ . . CHARLES CUNNIFFE ....t, -i.€2 · · · ARCHITECTS 420 E. HYMAN AVENUE · - 1 ·11 -1 1. 16 . 11 1 111 - 1 TRANSLUCENT PLANE TRANSLUCENT PLANE INDICATES OPPOSING ~ INDICATES FRONT WALL OF ADJACENT WALL OF ADJACENT BUILDING ALONG ALLEY ~' BUILDING - ter.1 ' /10< AUfIt·- / -Ihipt -4/1/Wil/17,%.)-re)#48"'ll././.Mill'll'll....% 4 /1.11 1/ I'll'll'll'll'll/"11:il"/F.2: D*Ep , 1 =lim 94·' elle ./Ill, F ,-*-% ..... ' lili I. 1 .., I . JIll 01= ~0% \ t. ..: 1. '77tki4.c- ... %:4 . lim - 1/I//11*»Ii#/ 27,-„ p . 1'' 1 -- 00.# f- 1-1.rfuf r pwJ t,!.--*i -- flip- -F-14- L-1----p--*Fri~=' :.'. ~ €4*...1"-~ ' f -1 I I ' I lf: i 4 :.Ot ·i· - t:M: 1 -4 I ¢ . E f Y ''t„1 : 1...:f 6 .1 . j .. .... + i. ·10,ort' .Ul + itt 4% .1 1 1./. .... @. @U CHARLES CUNNIFFE 420 E. HYMAN AVENUE ARCHITECTS HORIZONTAL WOOD _ ~ SIDING ,~.I CURTAINWALL - LOW- METAL FASCIA - .M.FIM,-im- REFLECTIVE, TRANSPARENT GLASS PANELS. BRONZE BRONZE COLOR . ; I : *- e.-m~..- COLOR MULLIONS. ki i, 1/' I.//4~ HORIZONTAL WOOD -lit /= .. i. li jilill iwillk 7/illis~~I./.lailli 'Illizi 5,1 -5& r CURTAINWALL- SIDING -/.31 er * ~ 1 TRANSLUCENT GLASS -PANELS. BRONZE COLOR t' 4 j. HORIZONTAL METAL *t 4 4%11,47 . J.--1 --4- MULLIONS. BANDING- BRONZE -CURTAINWALL - OPAQUE ./4 . 651 COLOR .-It-_ :.#F':i- -t»'--. -*Jel= GLASS SPANDREL PANELS. 1 - BRONZE COLOR MULLIONS. 1--- . 1 1 HORIZONTALWOOD lilli ...... tmT pil= - ...~.. CURTAINWALL- & 7i./- ...IN.... 4 0£ I 9~ li,/6#* ~- PANELS. BRONZE COLOR SIDING - r- TRANSLUCENT GLASS -tt·-vi. ~ ~ =. Cu. e 44*94 A- .'J./.I"6.3* - HORIZONTAL METAL -, . .· .: ~.~fll.- -·-- , ..,1 . ' ! MULLIONS. BANDING- BRONZE >C .:. CURTAINWALL - OPAQUE COLOR ..„1. . 1 1 :- 11 ,/01* - 1 -GLASS SPANDREL PANELS. - . . .1 11 1 BRONZE COLOR MULLIONS. hZ"t- REFLECTIVE, TRANSPARENT STACKED CMU - ..' , '' t I CURTAINWALL - LOW- BEIGE COLOR > : GLASS PANELS. BRONZE 11 ¥ 3.-0 - . 1. W q -1 COLOR MULLIONS. I=.14 9- SIDE ALLEY ELEVATION HORIZONTAL WOOD SIDING CURTAINWALL- LOW- METAL FASCIA - REFLECTIVE, TRANSPARENT 9,1,4//I'll/- BRONZE COLOR - - GLASS PANELS. BRONZE FT .. I -E- I -»Ap- /"Il 'P............................1......... HORIZONTALWOOD ... . --Lim ,-1.- COLOR MULLIONS. CURTAINWALL- SIDING TRANSLUCENT GLASS 2 * . 1 1 1 < ·....i~40 4: -t Jit~ 4.' 22:*23.1 ·· ~· · ...... ...-. PANELS. BRONZE COLOR HORIZONTAL METAL ~-/,i' , .f:*w#70-·di· ~0 4- ·f#'4,~wit"..,0. ..2 MULLIONS. BANDING -BRONZE .)·.949*.3~U 2*~91*VVQ:2 1 104 .... .1-.X CURTAINWALL - OPAQUE COLOR L --- il ..3 -72. Fill , 4. BRONZE COLOR MULLIONS. GLASS SPANDREL PANELS. HORIZONTALWOOD 1·./. SIDING CURTAINWALL - LOW- 9/. " 44=---4 2. & L w.i#4828. 1....44 {1 14% .... T I REFLECTIVE, TRANSPARENT HORIZONTAL METAL GLASS PANELS. BRONZE BANDING - BRONZE > 4 M..f~ ...IIL COLOR MULLIONS. COLOR N : ~IIIIL.........lill~Mill'Illillip' CURTAINWALL - OPAQUE --GLASS SPANDREL PANELS. BRONZE COLOR MULLIONS. STACKED CMU - ' ~ "-*4 * '91 - * .17 -3 CURTAINWALL - LOW- BEIGE COLOR REFLECTIVE, TRANSPARENT / GLASS PANELS. BRONZE 0 I - .I......11 10 1.... e,~u ,~0: COLOR MULLIONS. ALLEY ELEVATION HYMAN AVENUE MALL ELEVATION @. 420 E. HYMAN AVENUE @ /3 RENDERED EXTERIOR ELEVATIONS ARCHITECTS CHARLES CUNNIFFE i 11 7/ . 0 . . . 1 1 420 E HYMAN AVE. y X 1 1 1 1 1 1 CO 1 1 0 LU A I Ed * ~ . Ul~ 3... C) I R U. Li V or * R _ -2~1*,2,1.~-'",a„F~~ < E . 4 .- - 111:91=1 =111,3 i..,rir-lryi i, t. 11 2 zm 1 <3 0 WE HYMAN AVE. MALL 0 38 r) SOUTH ELVEVATION E. HYMAN AVE LU & O 2 1" = 20'-0" Em I 0 Z Z< ·4 < r - F 60 8 .im.1 > -1 I IO . *2 1 1 ' ,-./ tr;ve? 0.™al y # IXX·6:.... y..4:..~~4* 4. C 4.1~.dill#l~I"-1 - --6. *C ="02 4 - - t•i H. w•, N LU m 0 , 1 0 4- 0- r'- 6 6 Me"GR ggll: @ M 141 *i Fi 1 3 3 ~ 9 Z FI.> :-3~1 cv w < 0--2 ,_,0 -1- .1.1 1 .1-= =g - 38 8.8 1 1 1- 90..~91./al. Ii- - - 4 f.-- 1 11 . HYMAN AVE. MALL rh NORTH ELEVATION E. HYMAN AVE. '1, - 1" = 20'-0" A5 131)5£,18 03 0~O~ oa .6131 1 ::918 00' 30' 0" 30'-0" 30'-0' ' ' 1 1 1 It 1 1 1 1 ALLEY PROPERTY LINE CE \ 3 0 «j. \ 3 1 MECHANICAL t XFMRI i / PARKING L-J PARKING 8.5x18 PARKING 277 SF 9x20 PARKING 8.5x18 SERVICE ~~~ 10x20 9x20 SERVICE 11 x20 - / DECK 1 n Jfh- 111 1 ..~41 = / , *=. 31 7 1 STA RE 1 111 / 7-- 11 i A ' u- LU I £ W < /2 11 BASEMENT LEVEL I, / 11 COMMERCIAL = 9 2056 SF 8 ' •r- MAIN LEVEL 1 3 L / _12 NON-UNIT 17-71 - -PE- --lf- - ADJACENT / 38 SF P~LI._ JL V , v - =J 4 -4 / z --IEL .- 9- -11= =T ADJACENT BUILDING / BUILDING / \2 n n\ / 49---0- up. 1% 1 DN § -- / a I DN UP / MAIN - I FE ELIn SEEPE ---- / I---- COMMERCIAL --- ---- 4 --- 1745 SF / -- - / . e / 1 t 1 \ \ 11,1 \ PROPERTY LINE > I SIDE WALK LU HYMAN AVENUE 0 .r rh MALL / MAIN LEVEL C-h BASEMENT LEVEL ,3, 2 - 1/16" = 1'-0" C-) 1/16" = 1'-0" 1/16" = 1'-0" ~ SITE/ LANDSCAPE / PARKING PLAN SUMMARY: NET LEASABLE AREAS COMMERCIAL BASEMENT = 2,333 S.F. = EXEMPT MAIN LEVEL = 1,745 S.F. PROPOSED FLOOR PLANS ~ SECOND LEVEL = 519 S.F. = 2,264 TOTAL SF P.N. T.N. AHU SECOND LEVEL - 1,080 SF Al THIRD LEVEL = = 872 SF = 1,952 TOTAL SF FREE MARKET SECOND LEVEL - 623 S.F. ~,~----~~----- THIRD LEVEL = 1,143 S.F. ( = 1,766 TOTAL SF ) \\\\\\\\ 91031IHOBV 3=I=IINNAO S31hIVHO NVINAH 3 0ZV WOO'O#!UUnS'MAAM £9#'026'0£6 :XY:I I 0699 936 026 :131 I 1~L8 OO'N3dS¥ I'3AV NVINAH 1943 0 k9 100'-0" .0-,00 L Oavk:10700 'N3dSV 30'-0" 30'-0" 30'-0" 1 1 1 1 1 * 1 1 1 1 \ CU , AHU - STUDIO #1 . RES. ROOFTOP (11= 502 SF MECH AREA 2BEDROOM-AHU NET LEASABLE 872 SF U I JIll lilli DN 7PI-l-4 I. "'ll I AHU-2 BEROOM I I i LI_1 U NET LEASABLE 78 SF AHU - STUDIO #2 500 SF 2ND DECK A 215 SF SECOND LEVEL . Z--1 > COMMERCIAL 0 519 SF 0 tr 2ND COMMON ~ ~~77 38 SF I17E\ FREE MARKET -1 f L E - 12 NETLEASABLE • UP 1143 SF 1 1 HI 11 11 11 11 11 --- 9 --1/~yj 2ND DECK B - . 0 3 FREE MARKET 130 SF E NET LEASABLE 0 3RD DECK A 6 . DECK.. 433 SF 2 623 SF 1 11 11 1 \ 1 \\\ \ 111 11 1 11'lili \ rh ROOF PLAN rh THIRD LEVEL rh SECOND LEVEL 3 2 1 L./ 1/16" = 1'-0" C-7 1/16"= 1'-0" L./ 1/16" = 1'-0" )-4 L Al ¥400 4 VY\11 PA¥--0 PROPOSED FLOOR PLANS (63 4%4 kik \«A P.N. T.N. A2 \U 91031IHOHV 3=I=IINNAO 931HVHO NVINAH 3 0Ef luOO.0#!UUnO'MAAM 259'066'OLB :m I 0699'SZ6'026 131 I #918 00 'IdSV I'3AV NVINAH.LS¥3 0K9 100'-0" .0-.00 L .0-,00 L NVINAH El 0Zf ODV&0100'N3dSV A U f/1 T.O. ROOF 138'-0" 1 r ./ / . 17& . 1 T.O. PARAPET ~ 1 -7 128'-0" 1 .10 1 !1 T.O.S. THIRD LEVEL i 12700" 1 f 40/0-*1 .4*M~ 4-1. -1 1 1,0,0 / 11 1 , 3 i i T.O.S. SECOND LEVEL ~ Ti 5'-6" 1 4/0/2..1 1 1 t'r 7*1/.4 i -1 , . ..TIK,-3.A .. 1,1 1 - mm - 1 1 12. I L.-Be' · 4 -I 4 , . 1 11 4. 1 i 9 6«1 1 e 4,11 1 1 W / 7- 1 i T.O.S. MAIN LEVEL 1 100'0" rh WEST ELEVATION 1 L./ 1/8,1 = 1'-0" PROPOSED ELEVATION A3 91031IHONV 3=I=IINNAO 931hIVHO NVINAH 3 01* LUOO-a#!UUnO'MAAM 299'016'0L6 :XV=1 1 0699'916'026 :131 I W.9 tg 03 'NadSV I'3AV NVIAIAH 1943 0 E NVINAH 3 01* ODVEIO100 NBdSV 610 C8 ~ T.O. ROOF T.Q. ROOF 138'-0" 138'-0" 9.la'lim:5:~-a»ax,m:m- 14;V· i • . ~ T.O. PARAPET ~ T.O. PARAPET 128'-0" 1, ' // 128'-0" ~ T.O.S. TH[IRD LEVEL _ T.O.S. THRD LEVEL ~ 127'-0" 1 i 1277 1 1 U 1 -4 -~21-~LIL = 31 E ,, % %%,m„„„Mm.,m ~ T.O.S. SECOND LEVEL 1 20.3. SECON-Q LEVEL 115'-6" I 115'-6" ~ 1 1-r 4 E ¢ 1 :.. /99/2/"Il'IN"qEF:**9. 9'r. .. 1-1-- -gED.:im -1.- 777 1 1. . . 12 \ 1 .. . 1 / : ~ T.O.S. IMAIN LEVEL :6 .....zi...ij*46;62.Wtall:..it.LIA."1 T.O.S. MAIN LEVEL 100'-0" - 1 1 1 -1/- .-1 . - -- i 1 ,-1 i 1-1 i i 2--L 100'-0" ~ ALLEY HYMAN AVE. MALL rh NORTH ELEVATION r-) SOUTH ELEVATION '2, '1, L, 1/8,1 = 1'-0" -, 1/8" = 1'-0" PROPOSED ELEVATION A4 \11,\ 1[1 91031IHON¥ 3=I=IINNAO S31hIVHO NVINAH*El 0Ef u'00'0#!UUnOWUMA ESF0Z6-0L6 :XV:I I0699'926'026 :131 I LIgjg OO'NldSV 13AV NVINAH .LS¥30&9 NVINAH '3 01* 0aVH0100'NBdS¥ 4 /» 9 I LETTER OF TRANSMITTAL @EN CHARLES CUNNIFFE ARCHITECTS To: Sara Adams / Amy Guthrie From: Brian West Company: City of Aspen Date: October 26,2012 Telephone: 970.429.2778 Job No. #1211 Address: 130 South Galena St. Project: 420 E. Hyman Aspen, CO 81611 REGARDING: HPC Remand Submittal for 420 E. Hyman WE ARE SENDING YOU: E Attached via Drop Off @ City Community Development Dept. ¤ Via: the following items: ¤ Shop drawings 0 Prints 0 Originals ¤ Samples ¤ Specifications ¤ Copy of Letter/email ¤ Change order ¤ Computer Disc(s) ¤ Other: DESCRIPTION: - (10) copies of the updated drawings (floor plans and exterior elevations, sheets Al, A2, A3, and A4) showing the HPC requested revisions. - (10) copies of the color rendering of the building front in daytime. - (10) copies of the color rendering of the building from the alley in daytime. - (10) copies of the existing conditions survey. THESE ARE TRANSMITTED as checked below: 0 For approval ¤ Approved as submitted ¤ Resubmit copies for approval ¤ For your use ¤ Approved as noted ¤ Submit copies for distribution E As requested ¤ Returned for corrections O Return corrected prints 0 Review & comment O Prints returned after loan to us 0 Other REMARKS: Sara and Any, As requested, attached are the above described items for 420 E. Hyman. We have slightly modified the building per HPC's last comments. Contact us with any questions. Regards, Brian RECEIVED OCT 2 6 2012 CITY OF ASPEN COMMUNITY DEVELOPMENT 610 East Hyman Avenue g Aspen, Co'orado 81611 m tel: 970.925.5590 0 fax: 970.925.5076 , www.cunniffe.com ~ MEMORANDUM 1 <L Ot. TO: Mayor Ireland and Aspen City Council FROM: Sara Adams, Senior Planner THRU: Chris Bendon, Community Development Director (_,All\~/1 RE: Call-up of HPC approval of Conceptual Major Development Review, Conceptual Commercial Design Review and Demolition : 420 E. Hyman Ave., HPC Resolution #17, Series of 2012 MEETING DATE: August 27, 2012 COUNCIL REQUEST: On August 13th City Council voted to call up the HPC approval of Conceptual Major Development Review, Conceptual Commercial Design Review and Demolition to construct a new three story building located at 420 E. Hyman (where Zocalito and CB Paws are located). Council is asked to proceed with the call up procedures and take action on one of the options listed below. REVIEW PROCESS: During a public meeting, City Council shall consider the application de novo and may consider the record established by the HPC. The City Council shall conduct its review of the application under the same criteria applicable to the HPC. City Council may take the following action: 1. Accept the decision. 2. Remand the application to HPC with direction from City Council for rehearing and reconsideration. 3. Continue the meeting to request additional evidence, analysis or testimony as necessary to conclude the call up review. If Council selects Option #2 and remands the application back to the Board, the rehearing and reconsideration of the application by HPC is final and concludes the call up review. Substantial changes to the application outside of the specific topics listed in the remand to HPC may require a new call up notice to City Council; however the call up review would be limited only to the new changes to the application. This application is subject to future Subdivision, Growth Management, and Final Commercial Design and Final Major Development Reviews. BACKGROUND: (UNCHANGED FROM AUGUST 13TH MEMO) The applicant is proposing to demolish the existing two story building and to construct a three story building. The building currently contains commercial and free market residential and is proposed to comprise commercial, free market residential and affordable housing. The project meets underlying dimensional requirements. HPC granted approval for off-site public amenity for the required 10% (300 square feet) subject to review by the Parks Department. The third floor is approved to be 38 ft. in height which meets the 38 - 42 ft. height limit in the Commercial Core. HPC denied the request to increase the height to 40 ft considering the adjacent historic landmarks to the east. HPC increased the proposed setback of the third floor to 15 feet. HPC was concerned about the impact that the material palette could have on the mass and scale, and added a condition of approval that mass and scale shall be addressed during Final Review when the materials are finalized. Planning staff recommended continuation of the design review for restudy, and the HPC approved the design by a vote of 3 - 2. A copy of the HPC Resolution and Minutes are attached as Exhibits B and C, respectively. A copy of the approved massing is attached as Exhibit A. DISCUSSION: Planning Staff recommended that HPC continue the conceptual reviews to allow time for the applicant to restudy the third floor setback and reduce the overall height of the building. During the HPC hearing the applicant proposed to increase the third floor setback to 15 feet and to reduce the overall height of the building to 38 feet. The applicant did not present revised drawings to illustrate the reduced height or the increased setback. HPC struggled with the impact that the primarily glass material palette would have on the mass and scale of the building and voted 3 - 2 to approve conceptual reviews with the condition that a full review of mass and scale with materials be reviewed during Final Review (see staff' s alternative recommendation below). Conceptual review is a binding approval in terms of mass, scale, and height of the building - it defines the size of the box. Adding a condition that allows a full review of mass and scale at Final Review is contrary to the process in the Land Use Code and creates problems with subsequent land use reviews for the project. The redevelopment requires Growth Management allotments and Subdivision approvals prior to proceeding to HPC for Final Review. Both of these reviews deal with what goes into the box, which is a futile conversation without an approved size of the box. The minutes from the HPC meeting (pertinent sections are underlined in Exhibit C) convey HPC' s concern about the impact of the proposed materials on the perceived mass and scale of the building and their reasoning behind adding the mass and scale condition to the approval. Staff understands the interrelatedness between mass and scale and materials, especially when dealing with a glass building; however Staff is concerned about putting off the mass and scale of the project until Final Review. In addition the Code requires approval of a Conceptual Design be binding on the Commission. RECOMMENDATION: Staff recommends that Council remand the decision back to the HPC with direction to decide on appropriate mass and scale as part of the Conceptual approval. RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMITIVE): "I move to remand HPC's decision to grant Conceptual Major Development, Conceptual Commercial Design and Demolition back to Commission and direct the Commission to decide on the mass and scale of the project." 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I J I MECHANICAL 1 XFMRI PARKING L-1 PARKING 8.5x18 PARKING 277 SF 9x20 PARKING 8.5x18 SERVICE ~.~ 10x20 9x20 SERVICE 11*20 7- DECK 4 16 - STAIRS ~~ ~~ 1 11 4 1.- 1 -11 i/1 - UJ I 1 1 11 I 11 BASEMENT LEVEL 11 / / 11 COMMERCIAL 0 2056 SF MAIN LEVEL L 32 / JL NON-UNIT ~~~ ~~~~~ ~~ ~ ~~~~~~ ADJACENT / z ~~1 - ==]F- -11~ - ADJACENT _1 BUILDING / BUILDING 38 SF =-14 -3 / > ILLE- 1=- 4 Up_ r U.1 ,-1 ,-1 1 0- /11/LI m - DN 0- DN UP MAIN ---- ' 1213* ---- / ---- COMMERCIAL i --- / ------ 1 1745 SF ~ ------ / - - 1 1 1 - / / 1 %/ 1 1 E Flif 11 1 , ' ----- ' z , 1- \ PROPERTY LINE SIDE WALK HYMAN AVENUE rh MALL / MAIN LEVEL rh BASEMENT LEVEL ~ SITE/ LANDSCAPE / PARKING PLAN ,3, 2 -/ 1/16"= 11-0" 1/16" = 1'-0" C-/ 1/16" = 1 '-0" SUMMARY: NET LEASABLE AREAS COMMERCIAL BASEMENT = 2,333 S.F. = EXEMPT MAIN LEVEL = 1,745 S.F. PROPOSED FLOOR PLANS ~ SECOND LEVEL = 519 S.F. = 2,264 TOTAL SF P.N T.N. AHU SECOND LEVEL . 1,080 SF A 1 THIRD LEVEL = = 872 SF = 1,952 TOTAL SF FREE MARKET SECOND LEVEL = 623 S.F. THIRD LEVEL = 1,143 S.F. = 1,766 TOTAL SF 91031IHON¥ 3=I=IINNAO 931EIVHO NVINAH 3 OZV www.cunniffe.com EAN-066026 D<V=1 10699 916026 LL I LI·91,8 00'NadSV 13AVNWW-11SVE (*9 100'-0" .0-,00 L 00¥h!0100 'N3dSV NVINAH -3 OZ# 1-OIl 30'-0" 30'-0" il 1 1 1 1 1 1 1 1 1 1 \ i ...... \ \ CM AHU - STUDIO #1 RES. ROOFTOP 502 SF MECH AREA 2BEDROOM-AHU NET LEASABLE 872 SF - DN AHU-2 BEROOM NET LEASABLE 78 SF AHU - STUDIO #2 500 SF 2ND DECK A . 215 SF SECOND LEVEL t > COMMERCIAL L 0 8 z --h~ 0 0 519 SF 2ND COMMON ~ ~~7 38 SF 1IPEN FREE MARKET _____~ ~- ~ NET LEASABLE 1-7.12 UP 1143 SF ---- ~ 11 11 2ND DECK B - . FREE MARKET o NET LEASABLE 3RD DECK A ' 130 SF /0 . r DECK. . 623 SF Z 433 SF 1 '' , 1 \ 111 1 1 <Z \ < of 1 1 ''' ''' i ~ 6 0 > -1 I LU LU 0 10 (\1 9- Ch ROOF PLAN rh THIRD LEVEL C-) SECOND LEVEL 3 2 1 C-/ 1/16"= 1'-0" L./ 1/16"=1'-0" L) 1/16"= 1'-0" PROPOSED FLOOR PLANS ~ P.N. T.N. A2 S1031IHOBV 3=I=IINNAO 93lk:IVHO LU00'0#!UUnWAMM 299·FOES-OLS D<VE I0699-916'026 121.L I LI·BI,8 CO heel IEAVNMAIAH L.Sva 0K9 i,0-,00 L .0-,00 L .0-,00 L oav 00'NadS¥ CM T.O. ROOF 138'-0" 4 · · · i ~~~ ~prsa ;4=i -Ill"7*Mwi -3.44.1 - In / 1 -7-9- - A / 3,3; .0 ..m 1/ XII/\11 7 9- N.\ Sk> i - 1~« W «11 alt- - ~u T.O. PARAPET 128'-0" 7 1 - 1.0.S. THIRD LEVEL ~ » 127'-0,1 My' 3 ·f.?·461.1,"- ~- 0-€i 1 - 4#4--& ip · 1~=C=C~Zmq'~=ZmL-3.4 7 17 1/31/TI ~=f--:- - 2;--/..... Pl . ,- - 13- i u 20,--I' i , 1/ ~1 . ,-----*.. Al . 1 7 1 1 4 T.O.S. SECOND LEVEL 115'-6" ' " i'til·,I'·mi,*lf:<:ft*¢10*0¢40tki7WI 11 1 1 1 :a. 1. 11' . 1 1 1 1 1 kill.,1 11 1,1 i / milll, 1 " 1 11 f 1 41 w 1 11 . rE 1, < z < 11 » A < 9 20 ' T.O.S. MAIN LEVEL >-1 100'-O" I I LLi LLi 0 0 C\1 (\1 .i- rh WEST ELEVATION Er 1 Lj 1/8" = 1'-0" PROPOSED ELEVATION A3 S1031IHOBV 3=I=IINNAO 931MVHO www.cunniffe.com 199'OIS OZB D~ 10659 9EEOL6 131 1 W.91.8 00 hadS¥ 13AV NWIAH 1SVE OLS 00'NBdS¥ CM ~ T.O. ROOF TP. ROOF 138'-0" 138'-0" 1 - < - lilli r-"i·'·'·'·- - ···"i··"i"• -~ ' 1- 4 7 9 k b : 2 -2 4 1% 11 ~ T.O. PARAPET T.O. PARAPET 128'-0" 1, '''~ 128'-0" ~ T,O,S. THIRD LEVEL _ r-n-- --- 1.-- ---- _ T.O.S. THIRQ LEVEL ~ 127'-0" 127'-0" UL '»4 - 1-4* -'- - £ ~ T.O.S. SICOND LEVEL _I.O.s. SECOND LEVEL ~ 115'-6" 115'-6" 11 1 1 11 , 1,7 ' , , A L! 1:\ / Z O 1,1 i · =mm..m'.,I- 1 / 1 1/ T.O.S. MAIN LEVEL ~ ~ T.O.S. MAIN LEVEL -\/- -- - _L_~--j .tii~_L-LIJ _Lu· ..., ..1„ : n. e:•,·.Z:.-'6 ./ Z< 1 00'-0" ' 2-- ' ' i , i - , , i~, i i~ i ' ~_2_ i i ~ i i~ i i i 2-1- i i i.=2- i i i_LL__ i i i 112- 1 00'-0" 2£ O < Of ALLEY HYMAN AVE. MALL > » - I IO 0 LU Lu o Z rh NORTH ELEVATION SOUTH ELEVATION O (\1 Ill ' 2, 04 NI- 0- - 1/8" = 1'-0" 1/8" = 1'-0" 4- <C PROPOSED ELEVATION A4 91031IHOMV 3=I=IINNAO S3-IBVHO WOO'a#!UUnO,MAM 299F0Z6'016:nil I069926-026 -1211 I LI.918 00 hadSV IEAVNMNAH.1.SVE 019 6/kbi' b b A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) GRANTING MAJOR DEVELOPMENT (CONCEPTUAL), COMMERCIAL DESIGN STANDARD REVIEW (CONCEPTUAL), DEMOLITION, AND VARIANCE OF TRASH/UTILITY/RECYCLE SERVICE AREA DIMENSIONS THE PROPERTY LOCATED AT 420 EAST HYMAN AVENUE LOT O, BLOCK 88, DUVIKE CONDOMINIUMS, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION # 17, SERIES OF 2012 PARCEL ID: 2737-037-39-020 THRU -027 AND 2737-073-39-801 WHEREAS, the applicant, Duvike Inc., has requested Major Development (Conceptual), Conceptual Commercial Design Standard Review, Demolition, and a variance of the Trash/Utility/Recycle service area dimensions for the property located at 420 East Hyman Avenue, Lot O, Block 88, City and Townsite o f Aspen, Colorado; and WHEREAS, 420 East Hyman Avenue is located within the Commercial Core Historic District and is not considered a contributing building to the integrity of the Historic District; and WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or district until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review;" and WHEREAS, for Conceptual Major Development Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.D.3.b.2 and 3 of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, for Conceptual Commercial Design Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen Commercial, Lodging and Historic District Design Objectives and Guidelines per Section 26,412.040.A.2, Commercial Design Standards Review Procedure, of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, in order to authorize a Demolition, according to Section 26.415.080, Demolition of designated historic properties, it must be demonstrated that the application meets any one of the following criteria: RECEPTION#: 591420, 08/16/2012 at 420 East Hyman Avenue 11:15:04 AM, HPC Resolution #17, Series o f 2012 1 OF 3, R $21.00 Doc Code RESOLUTION Page 1 of 3 Janice K. Vos Caudill, Pitkin County, CO a, The property has been determined by the city to be an imminent hazard to public safety and the owner/applicant is unable to make the needed repairs in a timely manner, b. The structure is not structurally sound despite evidence of the owner's efforts to properly maintain the structure, c. The structure cannot practically be moved to another appropriate location in Aspen, or d. No documentation exists to support or demonstrate that the property has historic, architectural, archaeological, engineering or cultural significance, and Additionally, for approval to demolish, all of the following criteria must be met: a. The structure does not contribute to the significance of the parcel or historic district in which it is located, and b. The loss of the building, structure or object would not adversely affect the integrity o f the historic district or its historic, architectural or aesthetic relationship to adjacent designated properties and c. Demolition of the structure will be inconsequential to the historic preservation needs of the area; and WHEREAS, for approval of reduction of trash/utility/service area dimensions, a staff analysis report and the evidence presented at a hearing to determine, per Section 26.575.060.B and Section 26.430 of the Municipal Code, that the reduction: 1. There is a demonstration that, given the nature of the potential uses of the building and its total square footage, the utility/trash/recycle service area proposed to be provided will be adequate. 2. Access to the utility/trash/recycle service area is adequate. 3. Measures are provided for enclosing trash bins and making them easily movable by trash personnel. 4. When appropriate, provisions for trash compaction are provided by the proposed development and measures are taken to encourage trash compaction by other development in the block. 5. The area for public utility placement and maintenance is adequate and safe for the placement of utilities. 6. Adequate provisions are incorporated to ensure the construction of the access area. WHEREAS, Sara Adams, in her staff report to HPC dated July 25,2012 performed an analysis of the application based on the standards, found that the review standards had not been met, and recommended continuation; and WHEREAS, at their regular meeting on July 25, 2012, continued from June 27, 2012, the Historic Preservation Commission considered the application during a duly noticed public 420 East Hyman Avenue IIPC Resolution #17, Series of 2012 Page 2 of 3 hearing, the staff memo and public comments, and found the proposal consistent with the review standards and recommended approval with conditions by a vote of three to two (3 - 2). NOW, THEREFORE, BE IT RESOLVED: That HPC hereby grants HPC Major Development (Conceptual), Conceptual Commercial Design Standard Review, Demolition, and a variance o f Trash, Utility and Recycle Area Dimensions for the property located. at 420 East Hyman Avenue, Lot O, Block 88, City and Townsite of Aspen, Colorado with the following conditions: 1. The height of the building is limited to 38 feet. 2. The third floor has a15 feet setback from Hyman Avenue. 3. Utility/Trash/Recycle Service Area is approved as designed. 4, Off-site Public Amenity is approved subject to Parks Department approval. 5. A full review of mass and scale with materials shall occur at Final HPC Review. 6. A development application for a Final Development Plan shall be submitted within one (1) year of the date of approval of a Conceptual Development Plan. Failure to file such an application within this time period shall render null and void the approval of the Conceptual Development Plan. The Historic Preservation Commission may, at its sole discretion and for good cause shown, grant a one-time extension o f the expiration date for a Conceptual Development Plan approval for up to six (6) months provided a written request for extension is received no less than thirty (30) days prior to the expiration date. APPROVED BY THE COMMISSION at its regular meeting on the 258 day of July, 2012. J. Ann Mullins, Chair Approved as to Form: 2 - /1 - Debbie Quinn, Assistant City Attorney ATTEST: Kathy Strickland, Chief Deputy Clerk 420 East Hyman Avenue LIPC Resolution #17, Series o f 2012 Page 3 of 3 exhibit o ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF JULY 25, 2012 Chairperson, Ann Mullins called the meeting to order at 5:00 p.m. Commissioners in attendance: Willis Pember, Jay Maytin, Patrick Sagal, Jamie MeLeod and Jan Hills. Sallie Golden and Nora Berko were absent. Staff present: Deborah Quinn, Assistant City Attorney Amy Guthrie, Historic Preservation Officer Kathy Strickland, Chie f Deputy City Clerk Sara Adams, Senior Planner MOTION: Ann made the motion to approve the minutes ofJulyl 1th, second by Jane. All in favor, motion carried. Disclosure Jay will recuse himsel f on 420 E. Hyman as he does business with Zocalito Jane will recuse herself on 204 S. Galen as she lives within 300 feet ofthe property. b44 S. Galena St. Conceptual Major Development and Co~eptual Commercial Design Review, Demolition ~ Exhibit I - poker point Exhibit II - rendhi~s Jane recused herself. ~ Amy stated that this is the red~flopment,fthe site that is currently occupied by the Gap. The new st?t}€0*Will occupy the entire site 9,000 square feet. It is primarily a one s kpilding with five retail spaces on the ground floor and a partial upper 306; whlell contains a restaurant use. Staff finds that the demolition crite*ef are met. TRI€is an early 1990's building and we have determined th,tit doesn't have an)*istorical significance. In terms ofthe replacemenpHitilding the guidelines calt{or a building that comes up to the streg,ddge on all sides and that is impbqant for redevelopment doyfitown because over the years we have~kad a lot of infill that doesn't h*[he front edge ofthe property and doesn't dh®rce the historical c~facter of the retail experience downtown and staff i*Rleased to see this iglhe design. The proposal is a nice variety for downtown an¢ adds reliefy/fhe streetscape. This doesn't prohibit someone from adding aiibtber floofin the future. They are meeting the requirements ofthe store front 1 ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF JULY 25, 2012 Issues: Cornices, 30 foot modules on Hopkins and street elevation rendering ofthe Hopkins block for context. 420 E. Hyman Ave. - Conceptual Major Development and Conceptual Commercial Design Review, Demolition, Special Review - cont'd from June 27th Public Notice - Exhibit I Power Point - Exhibit II Sara said the project is a scrape and replace of 420 E. Hyman. The lot is a 3,000 square foot lot, 30 x 100. The existing building was built in the early 1970's and it is a two story building. The proposal is to replace it with a three story building. Currently the building is mixed use, commercial and residential. One of the requests is to grant a height increase from 38 feet to 40 feet. Staff is recommending continuation with two areas of restudy: Restudy the third floor setback and to lower the height of the building. Staff is in favor ofthe site plan which mimics the existing site plan in terms of access and the zero front yard setback. They are proposing an off-site amenity with improvements to the pedestrian mall subject to the Parks Department approval. Staff is concerned about the scale and mass particularly the third floor. Right now they are proposing a 12 foot setback but we find that not adequate enough as they are adjacent to two historic landmarks. The immediate adjacent landmark has a 15 foot setback and another one has a 20 foot setback. We do consider this a corner lot with the internal alleyway and you will be able to see two facades and have the visibility on two sides. The request on the height is to increase it to 40 feet. Staff is concerned about the context of that height in the historic district especially in this block which has a very strong two story element with a third floor that is set back. The third floor is 13 feet and the second 11 92 feet. Typically you want the third floor to be subordinate. Guideline 6.27 talks about the criteria for granting a height variance and feel none of those are met. The trash utility was a concern but the applicant has coordinated with the Environmental Health Dept. and they are supportive of their dimensions. Staff is recommending continuation because ofthe third floor setback and the height of the building. Staff also finds that the demolition criteria are met. Charles Cunniffe, Cunniffe Architects Brian West, Cunniffe Architects 6 ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF JULY 25, 2012 Charles said this is a constraint site and we looked at the plans and can go to a 15 foot setback which matches to the building adjacent to it. The roof continues along the easement because it covers the walkway to the second floor but we could eliminate that. The issues that need to be addressed are the height which we can accommodate and the setback from 12 feet to 15 feet which we can accommodate. About 50% ofthe building is set back from the easement. Across the street are two four story buildings. Charles said you enter the second floor for the free market unit and then you go to the top floor and there is a little deck in the comer which also gives us some relief on the corner and softens it. The second and third fioors are both recessed because that is our access walkway to the four units on the second fioor. We are using the access walkway as a setback because the building recesses at the alley and the third floor is open. We ran the roof over the third floor that is open. On the setback I guess we could eliminate that roof or bring the roof down to the second floor. We believe the walkway should have some shelter from the rain etc. Our client wants a gem of a building, a cool little glass building. We want to show the multion lines in a more vertical pattern so it will reflect some ofthe historic patterns of store fronts yet be totally a glass block. Jane inquired about the fire wall. Charles said it is a privacy wall between the two decks and it is a cooperative with them and it is a fire wall because ofthe openness between the two buildings. We thought we could do some translucent fire rated glass so it will allow light to penetrate and it would add to the translucency of the building. Ann inquired about the height reduction and which floor that would be taken off of. Charles said probably 18 inches off the third floor and 6 inches off the second floor. Chairperson, Ann Mullins opened the public hearing. There were no public comments. The public comment portion of the agenda was closed. Ann stated the issues: 7 ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF JULY 25, 2012 Site plan; scale and mass which includes the setback; height; public amenity option #2 and trash and utility. Jamie said she appreciates the height drop to 38 feet and the 15 foot setback for the third floor. As long as the trash enclosure works for the city that is fine with me. I'm also fine with the site plan and the public amenity. My only concern is scale and massing and it has to do more with materials than scale and mass but to me they go hand in hand. The concern is how the darks and lights work together and how reflectiVe it will be with all the other < buildings. The connection details are critical. The mass and scale needs to be studied with the materials. We need renderings of all elevations with , materials and that would be extremely helpful. Renderings show what the materials are really like. Charles said it is intended to be a non-reflective glass. Jamie said maybe we need to look at a sample on-site. Willis said the applicant is using more than one type of glass. Charles said some o f the glass will have a grayish tint to it and some will be clear. The client wants a "jewel" box that you see into as opposed to being something solid. Willis requested a rendering from the north side to confirm what is there. We also need to see the firewall. The project is cool and it is about the materials being reflective. Jane said from a development perceptive this is an incredible difficult site to develop on. The massing is appropriate for the site and the only confusing area is how the building connect to the building next door up high as that is a difficult transition. I am not sure how the translucent glass works. I also .agree that the materials are going to be very important. Patrick also thanked the applicant for reducing the height and setback. Eliminating the covered walkway also helps the massing. The comparison between the Quicksilver building 15 feet back and the proposed building 15 feet back it affects the mass and scaling the way the treatment of the soffit or overhang from the third floor occur. If there is too much overhang out there it adds to the mass. Ann said the site plan and public amenity solution are fine. The overall height of the building overpowers the adjacent much smaller historic 8 ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF JULY 25, 2012 buildings, guideline 6.31 and 6.32. I am not sure how well the glass box works in reality once you get furniture and curtains in there. It might be too busy and distract from the other buildings. Maybe there are examples of buildings that have been constructed as glass boxes that we could see. Charles said Apple stores are an example and they have transparent glass and the buildings are very cool and engage you with the pedestrians. 1 feel they are more successful than a solid building. Morris and Frywall also did a small office by Clark's and it is nice and clean inside. The occupant of any ofthese spaces needs to recognize that the space will be very visible. The applicant is very consumed about architecture and sculpture and concerned with contemporary minimalism. If the glass is non-reflective I think the project can be very successful. I am hopeful that we can get adequate feedback from the HPC board. When an applicant can eliminate some of the restudy concerns right offthe bat and be able to simplify what the application is then it would be easier to come to conceptual with conditions because the conditions are made much more simply. MOTION: Jamie moved to approve resolution #17 for conceptual approval of420 E. Hyman with the following conditions as discussed: Reduction of the height to 38 feet The third floor stepping back 15 feet Trash enclosure as redesigned Site plan OK Public amenity off site OK Approval of demolition Submit for final review within one year For final is a full review ofmass and scale with the materials. Motion second by Jane. Discussion: Patrick said he would like to see the covered walkway eliminated for mass and scale reasons. Sara asked if Jamie is visioning that HPC could change the mass and scale for final? Jamie said yes. Sara pointed out that there are other steps that this project needs to go through and they need to rely on the size ofthe box; growth management and subdivision. That request maybe problematic with the growth management if HPC requires that the box be smaller. 9 ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF JULY 25, 2012 Jamie said her concern is with the materials and maybe a piece of the glass element becomes a solid element. I am generally OK with the mass and scale. Ann said materials and fenestration affect the mass and scale and we aren't supposed to look at that until final. Sara asked Charles about looking at materials at conceptual. Charles said they are open to working to HPC's satisfaction if that can be something that is separate from the total mass and scale. If this building was solid and not glass it would still have the same mass and scale. Willis said it is not clear to him how the materials transition from the front ofthe building into the back. Is there a wood material proposed. We also need to see the mass and scale from the alley, views you normally don't present. Charles said one ofthe problems is that materials are due at final and we are trying to get conceptual approval in order to spend time doing the further research at your client's expense to take it to the next step. When you have to look at materials up front you need to involve a mechanical engineer for heat loss, structural engineers etc. That is the stuff you do between conceptual and final and when you put that kind of involvement on a client at this stage it is burdensome. There is a lot to do between conceptual and final. .Jane said in terms ofmass and scale and the variations ofmaterials that might be used how much more massive and how much more different will this be. I can understand what the materials are as presented and i f there has to be some kind of variation for one reason or another I think it is up to the monitor to assist in that effort. I am here to identify the mass on the site and make sure it fit and that the proportions are done well. As a commissioner I feel this is met tonight. We need to respect the applicant that they aren't going to majorly change the materials. Proportionally it works well and the ' mass meet all the requirements and they are giving back to what they originally proposed. Jamie said she doesn't see the overall mass and scale of the building changing. We need to know how they integrate. 10 ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF JULY 25, 2012 Ann said she feels the proposal is too big for the site. Total glass goes against the guidelines. Roll call vote: Jamie, yes; Patrick, no; Ann, no; Jane, yes; Willis, yes Motion carried 3-2. MOTION: Ann moved to adjourn, second by Patrick. All in favor, motion carried. Meeting adjourned at 7:30 p.m. / /1-70.4..C·L,k ---532-,i-jcul---~,_p< Kathleen J. Strickland, Chief Deputy Clerk 11 1* c MEMORANDUM + TO: Mayor Ireland and Aspen City Council FROM: Sara Adams, Senior Planner RE: Notice of HPC approval of Conceptual Commercial Design and Conceptual Major Development: 420 E. Hyman Avenue, HPC Resolution #17, Series of 2012 MEETING DATE: August 13,2012 BACKGROUND: On July 25,2012, the Historic Preservation Commission Commission (HPC) approved Conceptual Commercial Design Review, Conceptual Major Development Review and Demolition for a project at 420 E. Hyman Avenue. Conceptual Commercial Design Review and Conceptual Major Development address the mass, scale and placement of a proposed building, compatibility of the building within the Commercial Core Historic District and provides the applicant with direction for moving forward with their proposal. The applicant is proposing to demolish the existing two story building and to construct a three story building. The building currently contains commercial and free market residential. The proiect meets underlying dimensional requirements. HPC granted approval for off-site public amenity for the required 10% (300 square feet) subject to review by the Parks Department. The third floor is approved to be 38 ft. in height which meets the 38 - 42 ft. height limit in the Commercial Core. HPC denied the request to increase the height to 40 ft considering the adiacent historic landmarks to the east. HPC increased the proposed setback of the third floor to 15 feet. HPC was concerned about the impact that the material palette could have on the mass and scale, and added a condition of approval that mass and scale shall be addressed during Final Review when the materials are finalized. Planning staff recommended against the design review, and the HPC approved the design by a vote of 3:2. A copy of the HPC Resolution and Minutes are attached as Exhibits B and C, respectively. A copy of the approved massing is attached as Exhibit A. PROCEDURE: This call up procedure is new and was part of the AACP Gap Code Amendments approved on February 27, 2012. This is not a public hearing and no staff or applicant presentation will be made at the August 13rd Council meeting. If you have any questions about the project, please contact the staff planner, Sara Adams, 429-2778 or sara.adams@ci.aspen.co.us. Pursuant to Section 26.412.040(B), notification of all Conceptual Commercial Design Approvals must be placed on City Council's agenda within 30 days. City Council has the option of exercising the Call Up provisions outlined in Section 26.412.040(B) within 15 days of notification on the regular agenda. For this application, City Council may vote to Call Up the project at their August 13. 2012 meeting. If City Council decides to exercise the Call Up provision. it will be placed on the August 27, 2012 City Council regular agenda for discussion. If City Council does not exercise the Call Up provision, the HPC Resolution shall stand, and the applicant will move forward through the land use review process. This application will be subject to future Subdivision. Growth Management, and Final Commercial Design and Final Maior Development Reviews. ATTACHMENTS: Exhibit A: Approved Plans, Exhibit B: HPC Resolution 17, Series 2012, Exhibit C: 1-IPC draft minutes. -7/\17- - .r 0. .. < 44 ¥ I h I , '4- ./. & ..71 1. .A 91· .41#64; . > % 7*1 4 , 9, .Al . 1 ~I:El . Af W.J . 4 51/11 :2 24. - -1 7. I I 7 1 ¥ I .' 1 'f 9 \· - 0 --11~«n 1 I = 1 . 22- 4 4: ·· p ¥ f 1 i . I . 2499 1 2 13.- ,L--413 - L p cr.,3 'ipi 29 /3/.19 »u'l i - ¥ 4 ·i I ' .1 \.VE i.) 444 0 -,·'23 -1/.Ff,2*'... ' "W-'.1 ;z 32f~02=- ./'. i: 10 ..A. .- . AFTER VIEW #1 FROM CENTER OF r HYMAN AVENUE MALL M. 420 E. HYMAN AVENUE @U ASPEN HPC HEARING CHARLES CUNNIFFE JULY 25, 2012 ARCHITECTS 4 ip to. ROOF I 140'* 1 0 4- ~j , i . 1 TO PA~WPET 1289 - -1 TO PARAPET 1 1 .r -~---.-~-----*817.--7.- T O.S THIRD LEVEL • --+------~-4 0.3 THIRD LEVEL ,£ 127-0- 127'€ 9 .... 1 T O_S. SECOND-LEVEL . T.O.S SECOND LEVEL ,i . 115-6. - - 115'-6- f m~-22 1*EL-aE. , T O.S MAIN LEVEL -2.4'11 -. T O.S. MAJN LEVEL j 0 100'-0- ' - - 10040 7 ALLEY HYMAN AVE. MALL PROPOSED HYMAN AVENUE MALL ELEV TION C. lili E.- LE.LE.ATION 1. 420 E. HYMAN AVENUE @U ASPEN HPC HEARING JULY 25, 2012 CHARLES CUNNIFFE ARCHITECTS T.O ROOF £ 140 0- f 1-1-1 r - M T-O PARAPET J 128'* i - TOS THIRD LEVEL i 127·4 7 -- I.'a.9 JIICI 413)- I. J i ¥ -'v : e,,~~~ r..:IM<My T.12 S SfC QND LEVEL J 11596· -7 7.*?--1~ \ 73 / ' 1OS MAIN LEVEL i 1000-0- t PROPOSED @. 420 E. HYMAN AVENUE illlilll @m ASPEN HPC HEARING I JULY 25, 2012 ~ CHARLES CUNNIFFE ARCHITECTS / J " 30 0 ALLEY - PROPERTY LINE '446. 11 22; 11 1 L_, PARK NG • 1 9120 p PARKING /4 I 9*2C SERV,CE r t i *m l. W.2. ,2 I I. g# c# 41*U~11.El I / 9 / 11 I T N ill = . f /- - ' 93 1 4 1@:&/r r - L U b 31 i / #i' H +PA r ADJACENT - 1 ADJACENT SUILD NG 2 1-Irn/t- nr'~30 k j aul:JING 1 F Ike4 !1 ji 0 ..el 1 W /U-Ll DN I UP * .116, f- 4= / / / 1 [1.>.1 1 f PROPERTY L:NE v - SIDE WALK HYMAN AVENUE AERIAL IMAGE OF EXISTING PROPOSED SITE PLAN @. 420 E. HYMAN AVENUE @U ASPEN HPC HEARING JULY 25, 2012 CHARLES CUNNIFFE ARCHITECTS \ I k \\0\'I , ¤ VERTICAL CIRCULATION ¤ COMMERCIAL El HORIZONTAL CIRCULATION ¤ FREE-MARKET HOUSING ¤ MECHANICAL O AFFORDABLE HOUSING 100'-0" 2 1 1 74 Ill Nist 10-4 --··- :: i'+ lilli I.*hi t=ti BASEMENT LEVEL r---1 r---I COMMERCIAL b--4 t··---4 MECH 2057 SF 277 SF , I.- ..th, d..2<' ~ . ///m ........4~ 1 .I r:ZI'lil: i /. E. UP:1 H'Ir:11::1 , 1 ~ Ii\1 1¢ ,1 I 'Mi:iii,i ./ , 11/ PROPOSED A5EMENT LEVEL FLAN 16 4, -6 1 M. 420 E. HYMAN AVENUE , Im ASPEN HPC HEARING JULY 25, 2012 CHARLES CUNNIFFE ARCHITECTS 30'-0" ¤ VERTICAL CIRCULATION ¤ COMMERCIAL 121 HORIZONTAL CIRCULATION ¤ FREE-MARKET HOUSING ¤ MECHANICAL ¤ AFFORDABLE HOUSING 100'-0" 1 1 1 1 11 - SERVICE ·==*2 - I 11x20 --1 7.- - = - 10 =11 MAIN ll_- -11 COMMERCIAL 9- PARKING 1744 SF 8.5x18 1 1 g=lf-71 : El 7 0/El. PARKING 1/ : C- 1 1 8.5xl 8 11 . 1-9 L r r--~ ZI : 6~- f + - - 1 ' \ 2 - 1 1 4-1 - MAIN LEVEL NON-UNIT 38 SF PROPOSED r m- b .A.ARVAI'llik ''~i , - 420 E. HYMAN AVENUE 1/* ASPEN HPC HEARING JULY 25, 2012 CHARLES CUNNIFFE ARCHITECTS 30'-0" ¤ VERTICAL CIRCULATION ¤ COMMERCIAL 121 DECK / BALCONY ¤ FREE-MARKET HOUSING ¤ MECHANICAL El AFFORDABLE HOUSING AHU-2 BEROOM - - FREE MARKET NET LEASABLE NET LEASABLE 78 SF 578 SF 100'-0" SECOND LEVEL <21- AHU COMMERICAL 1 --- 9- AHU 1 STUDIO #2 ...1 ..,- 0 i STUDIO #1 4 30 510 SF L=- 69 i - . 533 SF z 1 560 SF LID - - e'* & ' .., a. .7 I t c #M·MN··~·- -· - 'i'1! Al 'i' · I .r./ t~tt I' .<0 :~.,2-:i' ,- sm.: , p UN 1 =-# --- C 6-5#Rm##Rum,1 2£.64*: 1 1 :.~ 4,»:1%458...92.:6;95765.$10=*~0*w:11'~.zi~~~5-0...~wY#1 --3.4..... 1-f--t:'' A.. ~·070-i -·:1&*44- 2ND DECK A -2ND COMMON -2ND DECK B 219 SF 38 SF 104 SF PROPOSED 1. 5 46-%.dah. .~~.:...~:=-4 @. 420 E. HYMAN AVENUE @U ASPEN HPC HEARING JULY 25, 2012 CHARLES CUNNIFFE ARCHITECTS mE ¤ VERTICAL CIRCULATION ¤ COMMERCIAL 121 DECK / BALCONY ¤ FREE-MARKET HOUSING O MECHANICAL O AFFORDABLE HOUSING 100'-0" 1 4 1 1 X , no-,E L Z - -1-7 1*3%*'/:/Igs- :.9. 4 1 : . >2.3,54».6..F:..... : 1 -=,1 .- ./.':•2... 41.,..... --1 ·A' U..)2:.f /·1· < 1 1. inwfu-] 121] -/ 1&.Shehi:.,-,1 - !/ ~ L Fl :12.0,»%8.>-p. _ -,f*ki-„ : lit I :2.63»16 :44.21.1 g h i ·i~ CO i :,Effe*.44«~ 1, , y.k. , 1 \ I,0-94»2,9- J' ~·>64-4 1 / J ..>Il ' 1, ij; if I A--2.. *- pli Iii il i i t. ' €,»92.-it-Y: ~ ww--b-„,1-:1=,s==A-.-4 -40.-01.:i'#4==r-JL._ F*24**i 4: ::t·tf~ti i i~19>0 -~~ · ~370:·.· 1 j 2.14.11 it - \ lili 2BEDROOM-AHU FREE MARKET-J NET LEASABLE NET LEASABLE 3RD DECK A- 872 SF 1217 SF 216 SF PROPOSED HIRD LEVEL PLAN @. 420 E. HYMAN AVENUE @U ASPEN HPC HEARING JULY 25, 2012 CHARLES CUNNIFFE ARCHITECTS -1-,",m'lJ . , V A'.ZN'=m, 4/. 82. ¤ VERTICAL CIRCULATION ¤ COMMERCIAL El DECK / BALCONY O FREE-MARKET HOUSING ¤ MECHANICAL ¤ AFFORDABLE HOUSING 100'-0" 1 1 111 11 - RES. ROOFTOP MECH AREA ....1 1 PROPOSED ROOFLEVEL PLAN li ,--5-n~ @. 420 E. HYMAN AVENUE 4 f @U ASPEN HPC HEARING ~93> CHARLES CUNNIFFE JULY 25, 2012 4*t ARCHITECTS f~/814. 30'-0" ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF JULY 25, 2012 Chairperson, Ann Mullins called the meeting to order at 5:00 p.m. Commissioners in attendance: Willis Pember, Jay Maytin, Patrick Sagal, Jamie MeLeod and Jan Hills. Sallie Golden and Nora Berko were absent. Staff present: Deborah Quinn, Assistant City Attorney Amy Guthrie, Historic Preservation Officer Kathy Strickland, Chief Deputy City Clerk Sara Adams, Senior Planner MOTION: Ann made the motion to approve the minutes o f July 1 1 th, second by Jane. All in favor, motion carried. Disclosure Jay will recuse himself on 420 E. Hyman as he does business with Zocalito Jane will recuse herself on 204 S. Galen as she lives within 300 feet of the property. 20 S. Galena St. Conceptual Major Development and C ceptual Commercial Design Review, Demolition Exhibit I - po er point Exhibit II - ren ings Jane recused herself. Amy stated that this is the r evelopment the site that is currently occupied by the Gap. The ne structure ill occupy the entire site 9,000 square feet. It is primarily a one ory uilding with five retail spaces on the ground floor and a partial upper flo which contains a restaurant use. Staff finds that the demolition criteria e m t. This is an early 1990's building and we have determined that i oesn't h ve any historical significance. In terms ofthe replacement bu' ing the guid 'nes call for a building that comes up to the street ed on all sides and th is important for redevelopment downto n because over the year we have had a lot of infill that doesn't hold the ont edge ofthe property and - :sn't enforce the historical characte of the retail experience downtowl\Qd staff is pleased to see this in the d ign. The proposal is a nice variety for 24'mtown and adds relief to the s eetscape. This doesn't prohibit someone fro?t~dding another floor in the ture. They are meeting the requirements of the stq~front 1 ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF JULY 25,2012- Issuesreemirpq, lA fnnt mqdula-gn-11!LDLiAe-arrCMTEet elevation rendering of the Hopkins blockfor 420 E. Hyman Ave. - Conceptual Major Development and Conceptual Commercial Design Review, Demolition, Special Review - cont'd from June 27th Public Notice - Exhibit I Power Point - Exhibit II Sara said the project is a scrape and replace of 420 E. Hyman. The lot is a 3,000 square foot lot, 30 x 100. The existing building was built in the early 1970's and it is a two story building. The proposal is to replace it with a three story building. Currently the building is mixed use, commercial and residential. One ofthe requests is to grant a height increase from 38 feet to 40 feet. Staff is recommending continuation with two areas of restudy: Restudy the third floor setback and to lower the height of the building. Staff is in favor ofthe site plan which mimics the existing site plan in terms of access and the zero front yard setback. They are proposing an off-site amenity with improvements to the pedestrian mall subject to the Parks Department approval. Staff is concerned about the scale and mass particularly the third floor. Right now they are proposing a 12 foot setback but we find that not adequate enough as they are adjacent to two historic landmarks. The immediate adjacent landmark has a 15 foot setback and another one has a 20 foot setback. We do consider this a corner lot with the internal alleyway and you will be able to see two facades and have the visibility on two sides. The request on the height is to increase it to 40 feet. Staff is concerned about the context of that height in the historic district especially in this block which has a very strong two story element with a third floor that is set back. The third floor is 13 feet and the second 11 14 feet. Typically you want the third floor to be subordinate. Guideline 6.27 talks about the criteria for granting a height variance and feel none of those are met. The trash utility was a concern but the applicant has coordinated with the Environmental Health Dept. and they are supportive of their dimensions. Staff is recommending continuation because of the third floor setback and the height ofthe building. Staff also finds that the demolition criteria are met. Charles Cunniffe, Cunniffe Architects Brian West, Cunniffe Architects 6 .l.]6 ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF JULY 25, 2012 Charles said this is a constraint site and we looked at the plans and can go to a I 5 foot setback which matches to the building adjacent to it. The roof continues along the easement because it covers the walkway to the second floor but we could eliminate that. The issues that need to be addressed are the height which we can accommodate and the setback from 12 feet to 15 feet which we can accommodate. About 50% ofthe building is set back from the easement. Across the street are two four story buildings. Charles said you enter the second floor for the free market unit and then you go to the top floor and there is a little deck in the corner which also gives us some relief on the corner and softens it. The second and third floors are both recessed because that is our access walkway to the four units on the second floor. We are using the access walkway as a setback because the building recesses at the alley and the third floor is open. We ran the roof over the third floor that is open. On the setback I guess we could eliminate that roof or bring the roof down to the second floor. We believe the walkway should have some shelter from the rain etc. Our client wants a gem of a building, a cool little glass building. We want to show the mullion lines in a more vertical pattern so it will reflect some of the historic patterns of store fronts yet be totally a glass block. Jane inquired about the fire wall. Charles said it is a privacy wall between the two decks and it is a cooperative with them and it is a fire wall because o f the openness between the two buildings. We thought we could do some translucent fire rated glass so it will allow light to penetrate and it would add to the translucency of the building. Ann inquired about the height reduction and which floor that would be taken off of. Charles said probably 18 inches off the third floor and 6 inches off the second floor. Chairperson, Ann Mullins opened the public hearing. There were no public comments. The public comment portion ofthe agenda was closed. Ann stated the issues: 7 ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF JULY 25,2012 Site plan; scale and mass which includes the setback; height; public amenity option #2 and trash and utility. Jamie said she appreciates the height drop to 38 feet and the 15 foot setback for the third floor. As long as the trash enclosure works for the city that is fine with me. I'm also fine with the site plan and the public amenity. My only concern is scale and massing and it has to do more with materials than -scile and mass but to me they go hand-ih hand. The- concern is hoiA-he darks and lights work together and how reflective it will be with all thedther- buildings. The connection details are critical. The mass and scale needs to __be- studied with the materials. We need renderings-of all elevations with materials and that would be extremely helpful. Renderings show what the materials are really like. Charles said it is intended to be a non-reflective glass. Jamie said maybe we need to look at a sample on-site. Willis said the applicant is using more than one type of glass. Charles said some of the glass will have a grayish tint to it and some will be clear. The client wants a "jewel" box that you see into as opposed to being something solid. Willis requested a rendering from the north side to confirm what is there. We also need to see the firewall. The project is cool and it is about the materials being reflective. Jane said from a development perceptive this is an incredible difficult site to develop on. The massing is appropriate for the site and the only confusing area is how the building connect to the building next door up high as that isfi- difficult transition. I am not sure hovithe translucent-glass wor]€71 also- agree that the materials are going to be very important. Patrick also thanked the applicant for reducing the height and setback. Eliminating the covered walkway also helps the massing. The comparison between the Quicksilver building 15 feet back and the proposed building 15 feet back it affects the mass and scaling the way the treatment of the soffit or overhang from the third floor occur. If there is too much overhang out there it adds to the mass. Ann said the site plan and public amenity solution are fine. The overall height of the building overpowers the adjacent much smaller historic 8 ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF JULY 25, 2012 buildings, guideline 6.31 and 6.32. I am not sure how well the glass box works in reality once you get furniture and curtains in there. It might be too busy and distract from the other buildings. Maybe there are examples of buildings that have been constructed as glass boxes that we could see. Charles said Apple stores are an example and they have transparent glass and the buildings are very cool and engage you with the pedestrians. I feel they are more successful than a solid building. Morris and Frywall also did a small office by Clark's and it is nice and clean inside. The occupant of any of these spaces needs to recognize that the space will be very visible. The applicant is very consumed about architecture and sculpture and concerned with contemporary minimalism. If the glass is non-reflective I think the project can be very successful. I am hopeful that we can get adequate feedback from the HPC board. When an applicant can eliminate some of the restudy concerns right off the bat and be able to simpli fy what the application is then it would be easier to come to conceptual with conditions because the conditions are made much more simply. MOTION: Jamie moved to approve resolution #17 for conceptual approval of 420 E. Hyman with the following conditions as discussed: Reduction of the height to 38 feet The third floor stepping back 15 feet Trash enclosure as redesigned Site plan OK Public amenity off site OK Approval of demolition Submit for final review within one year For final is a full review of mass and scale with the materials. Motion second by Jane. Discussion: Patrick said he would like to see the covered walkway eliminated for mass and scale reasons. Sara asked i f Jamie is visioning that HPC could change the mass and scale _fo-r final? _Jamie said yes. Sara poiniedout that there are other steps that this project needs to go through and they need to rely on the size ofthe box; __ growth management and subdivision. That request maybe problematic with the growth management i f HPC requires that the box be smaller. 9 ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF JULY 25, 2012 Jamie said her concern is with the materials and maybe a piece of the glass element becomes a solid element. I am generally OK with the mass and scale. Ann said materials and fenestration affect the mass and scale and we aren't supposed to look at that until final. Sara asked Charles about looking at materials at conceptual. Charles said they are open to working to HPC's satisfaction if that can be something that is separate from the total mass and scale. If this building was solid and not glass it would still have the same mass and scale. Willis said it is not clear to him how the materials transition from the front ofthe building into the back. Is there a wood material proposed. We alse _pee¢ tosee the mass and scale from the alley, views you normally don't _ present. Charles said one of the problems is that materials are due at final and we are trying to get conceptual approval in order to spend time doing the further research at your client's expense to take it to the next step. Whenyou have -- to look at materials up front you -geed to inG}ve a-m@chanical engineer for heat 125-skijibjetural engineers etc. That is the stuff you do 144*en _ 7 conceptual and final and *hen you put that kind of involvement on a client at this stage it is burdensome. There is a lot to do betypen conceptual and final. Jane said in terms of mass and scale and the variations of materials that might be used how much more massive and how much more different will this be. I can understand what the materials are as presented and if there has to be some kind o f vgrjationfor one reason or another I think ilislp to the monitor to assist in that effort. I am here to identify the mass on the site and - --Wakesure }t fitandthat_the proportions are done well·.-As a commjssioner I - feel this is metlonight: We need to respect the applicant that they aren't going to majorly change the materials. Proportionally it works well and the mass meet all the requirements and they are giving back to what they originally proposed. Jamie said she doesn't see the overall mass and scale of the-building changing. We need to know how they integrate. 10 ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF JULY 25, 2012 Ann said she feels the proposal is too big for the site. Total glass goes against the guidelines. Roll call vote: Jamie, yes; Patrick, no; Ann, no; Jane, yes; Willis, yes Motion carried 3-2. MOTION: Ann moved to adjourn, second by Patrick. All in favor, motion carried. Meeting adjourned at 7:30 p.m. Kathleen J. Strickland, Chief Deputy Clerk 11 EXHIBIT ,r--- /1 1 I 212_1- 1 & 1/ - VIA N·,4 ' 6 i 1 - 4(12 . P 'A AA - 1 -611-:-41*41*A'.2,2-4*H#**ffif~*-7 .a#-L~_1k=---..ai_=1#'- .11. ,-I *. i @. 420 E. HYMAN AVENUE Sm ASPEN HPC HEARING CHARLES CUNNIFFE JULY 25, 2012 ARCHITECTS Ute ./.Ill fi- I. .~ ~ ©4 ' - , ./ 2* ZIN ' ... , ./2 #1'6'4~ 49 ~ 1 S ..p' I."Ambilf; 4 7t 1. ¥ e : I , f ek 3. :4 / e. . 'N ;4 i 1 .lit. 9 4 . . . 5 4.-4- - p.1 I . -- 9 0 , p . I. I 44 , .A 4 4 '3 1 : ~ 74.7 .. + 4.4.9 4~62%: -i,41' '' a ' - « It. . 4 4 I 4. -::A·... r , , 7-~ .. ....4- A ---"'- - E HOPK}NS . 'Al>Q I . , 1 - Ul 4743 . €. 4 1,6.. . - It:.. I . 0/ 444 , 47 - . 10, I ... t . £3 . , 1 .te'll. ./ . 1 · ALL . A ..t # I 1 - 27 4 , ..... 41 104 · . . ----L *- , MElt" Leda j k-. : '·-< 3 7 - I '-a~ . .. 4 +tiz t A . / I '.3.. *.' e . a /s<.4 : . - 4.-4AVA. 3 4 'W -m 3 . 2.. . A : 9, 6 V . ./..1 i ° 2 , 180 3 429 1 -, 4 4 49 '21 . 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IN\\\.\\.. ¤ VERTICAL CIRCULATION ¤ COMMERCIAL El HORIZONTAL CIRCULATION ¤ FREE-MARKET HOUSING ¤ MECHANICAL ~ AFFORDABLE HOUSI NG 100'_0" 1 1 1. 1 m ' 222-1 - BASEMENT LEVEL ...·.-4 - - COMMERCIAL MECH -- 2057 SF 277 SE L--1 f .., , /111 : fix i ' /<fl Up:11. *:li I i 11· in:ili:i I i ~_47=75 i :11 lili. 1'' 1 i I '11,111, 1 i 'll'.1 1 PROPOSED < BASEMENT LEVEL PLAN @. 420 E. HYMAN AVENUE @U ASPEN HPC HEARING JULY 25, 2012 CHARLES CUNNIFFE ARCHITECTS 30'-0" ¤ VERTICAL CIRCULATION ¤ COMMERCIAL O HORIZONTAL CIRCULATION ¤ FREE-MARKET HOUSING ¤ MECHANICAL O AFFORDABLE HOUSING 100'-0" 1 1 1 1 11 SERVICE -it 11x20 - = = = ..= =2 - = 22 1 r =31 MAIN -.1-*.- 1 COMMERCIAL .- 1744 SF ~~· ·· 4.~7 PARKING - 8.5x18 ---1 iKE i 11 1 PARKING 1 8.5x18 15=4 2-1 p...............t.....................--3 1, ....1 1 E--p ZI / <* aL-----4:-6.. V It . - MAIN LEVEL NON-UNIT 38 SF PROPOSED STREET LEVEL PLAN @. 420 E. HYMAN AVENUE @U ASPEN HPC HEARING JULY 25, 2012 CHARLES CUNNIFFE ARCHITECTS 7-·r- ···-T-1 30'-0" ¤ VERTICAL CIRCULATION m COMMERCIAL ~ DECK / BALCONY O FREE-MARKET HOUSING ¤ MECHANICAL 1 AFFORDABLE HOUSING AHU-2 BEROOM - - FREE MARKET NET LEASABLE NET LEASABLE 78 SF 578 SF 100'-0" / 1 e- SECOND LEVEL .. 21 AHU COMMEQCAL a AHU E STUDIO #2 3 STUDIO #1 * 510 SF m '17.1 -6 4 · ·· .4 m . 533 SF c . 14 I. 1, 560 SF /1 14 , I (911 11 i u.~,t t.f-. - -i~1 '.1:-.:-:~;.,~ .3£ h r« 2 - .. U 91 · i _~!6 b!\... P 'DedE 1,94 8/ 2 - -1 2ND DECK A -2ND COMMON -2ND DECK B 219 SF 38 SF 104 SF PROPOSED SECOND LEVEL PLAN M. 420 E. HYMAN AVENUE @AM ASPEN HPC HEARING JULY 25, 2012 CHARLES CUNNIFFE ARCHITECTS ¤ VERTICAL CIRCULATION ¤ COMMERCIAL El DECK / BALCONY ¤ FREE-MARKET HOUSING ¤ MECHANICAL ~ AFFORDABLE HOUSING 10060" 1 i . 1 .,0-,EL 1 1 -4- r ./2 .... . - lili, . !1: ' - 1£.1 i_J ':1121[ : ,.. ~ ~1 '1 l'--Ptl 11 1 r.-9.-el ·a. ·:Dbdi -2-2--4~ - ~12??6 .3 IL- -'3 · 0 ~ -1 ~2-__~pl 4 11-' "11( ~--L . :em -%". CO . - --SS t~~ 774 f -1392:- 62-bA d · o- nTET-TT.M.JU '""0='= 2 iDI '11 1 ! - . LL..J--1. ·· -L 3~3*1 1, 1 111.1 F: f - . k 171~4.-- . I 2BEDROOM-AHU FREE MARKET~ NET LEASABLE NET LEASABLE 3RD DECK A- 872 SF 1217 SF 216 SF PROPOSED M. 420 E. HYMAN AVENUE I @U ASPEN HPC HEARING ~ JULY 25, 2012 ~ CHARLES CUNNIFFE ARCHITECTS ¤ VERTICAL CIRCULATION O COMMERCIAL ~ DECK / BALCONY El FREE-MARKET HOUSING ¤ MECHANICAL O AFFORDABLE HOUSING 100'-0" , i t ~ 11 - RES. ROOFTOP MECH AREA 1 1 PROPOSED /~ 17~ ROOF LEVEL PLAN - -**4&/DI;.Mallillill'll'll'll'll'll'll'll'll'll'll'llill/'ll. k. @. 420 E. HYMAN AVENUE 0853 ASPEN HPC HEARING CHARLES CUNNIFFE JULY 25, 2012 ARCHITECTS 30'-0" . .9, 471 I J 4, r .4, f . /1/· AM 47 1 '*l AL 121210//4 9* , ·4 & t.t. 2 1.*4 -A 9 1, / ' 61 5. & •1 7 4% i , ' 4 2% r 1~ . 9 .t / 1/1, j ¥ . /1 1' I.», $ f te -L' 1 t: ! 1 · r - ... 6 1 11/ 4 - ,# $ t - 341-«. .1-W I ..,1... - ./,A...,I - AFTER - - I - - VIEW #1 FROM CENTER OF HYMAN AVENUE MALL :,Ewws*» 1**4.~ I. 420 E. HYMAN AVENUE @U ASPEN HPC HEARING JULY 25, 2012 CHARLES CUNNIFFE ARCHITECTS - - - ~ - 1 1 TO ROOF i 140%{r / *'ll..'- - 1 0 PARAPET 128'-0- · ' -Jr g PA= 9 TOS THIRD LEVEL ; TOS THIRD LEVEL . 127'0- i 127€- ' 2] / TOS SECOND LEVEL TO S SECOND LEVEL £ 115·-6- 115'43' f F 1 / - TO S MAIN LEVEL U.1 -1 :-- " · TOS MAIN LEVEL k 3 100'-04 100'4. 7 ALLEY HYMAN AVE MALL PROPOSED Ili Ili:~"1~ HYMAN AVENUE MALL ELEVATION - REAR ALLEY ELEVATION @. 420 E. HYMAN AVENUE @U ASPEN HPC HEARING JULY 25, 2012 CHARLES CUNNIFFE ARCHITECTS 4 1, | TO ROOF £ | 140<r • 1 O. PASUPET . 128%0' T - -1.-Milij T O S THIRD LEVEL . 127'4* 7 2 2 1 ~.ll _~--~--_-i 1 f .~ .61-L# : TOS SECOND LEVEL k 1154 7 5 K TO S MAIN LEVEL i 105 5- f PROPOSED IllII IllII SI IDE ALLEY ELEVATION @. 420 E. HYMAN AVENUE @U ASPEN HPC HEARING JULY 25, 2012 CHARLES CUNNIFFE ARCHITECTS s,A-- A. EXHIBIT,_p-~ AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 4 20 2. *Zyv»·6 A»L, Aspen, CO SCHEDULED PUBLIC HEARING DATE: 1vt 1-1 1 30* 0. 5-:00 p rn , 20.11 STATE OF COLORADO ) ) SS. County of Pitkin ) I. (name, please print) Lal-_ S c.-~-VA being or refresenting an Applicant to the \City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: ~ ~publication ofnotice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) . days prior to the public hearing. A copy of the publication is attached hereto. Posting ofnotice: By posting of notice, which form was obtained from the Coinmunity 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 of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date o f the public hearing. A copy ofthe owners and governmental agencies so noticed is attached hereto. (Continued on next page) . 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 ofreal property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature N The foregoing "Affidavit of Notice" was acknowledged before me this 7 day Of k,A'UL- , 20.(6 by A-Mi -G*~ Sc c-»617 2% r: 2:2=/2 12 3:22%12&§ i:;2 18 98:?Il WITNESS MY HAND AND OFFICIAL SEAL .O.0 =8,0, 3 i3=givl 25¥ : 212 =em. *133@30-gE R,49#%342&2=2299, - 36,~6 co "30¥226&c:*230 *moz2 My commission expires: 8/'Oll' (rj Efimbr :*Fsm:3=5*21 01£5 ¥52&6&05&03-2~ 3 0 :W:i2*%i2%3@#Z9 *RMM 821€,Mia: R /03 mr-n ME 'i#€21 1424&23[§2 ,= m 01(f-« Re_d. 440 4- i !&32/11*ia s;KEW#Roiki231 ~m #16Fiif21i82SNI 1100 Notary Public i §0922 23>P:RK: PrE g:AE 4 i %37&2/1,6 2¥im"lia/#25138 9 ATTACHMENTS AS APPLICABLE: * COPY OF THE PUBLICATION * PHOTOGRAPH OF THE POSTED NOTICE (SIGN) * LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTIED BY MAIL * APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 8*466£] 2 ·z eunr uo Apme/Vt seuu uedsv ~,lut pet.,silci~ AJO-d 0110•!H ued•V 3,·w '4940 !*uilln~v/• e,qemotie ue ie!: ise -woo sepniou! le i E)u~plnq ~da~N O ' AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: leo E. Ht)Mgpl Al®Mite, , Aspen, CO SCUEDULED PUBLIC HEARING DATE: 2 avt L 27 , 200 12 STATE OF COLORADO ) ) SS. County of Pitkin ) 1, 2'rian \Wiet (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: ~ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. 4 Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the 12 day of Jol n ¢, , 20012, to and including the date and time of the public hearing. A photograph Of the posted notice (sign) is attached hereto. 4 Mailing of notice. By the mailing o f a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they 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) ¥ 4 FRESH .:F ... 1 0 6* b ~~~Api :41 -6 t# PUBLIC NOTICE- , - Date: June 27, 2012 Time: 5pm . 4 2 Plage: 139.S. galena St, Basement level of City HBLY Purpose: HPC is to consider an applicatio_n for 42 Conceptual Major Development Commercial Design Review, Demotition and Special Review to demolish lhe existing building & build + a 3 story mixed use building, The - ' - applicant requests approval for a 40 fi.tall bu,Iding The appjlcantis Duv,ke Irc. do Aerscape Ltd, 230 S Mj#j St, Aspen. CO For informat,gn contact Planning Dept at 970-920-5090 A,+4*---- r? 4~~ :0.11 \ 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. 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. «64-- Signature The foregoing "Affidavit of Notice" was acknowledged before me this 11 day of -Sug E , 20611, by bkih,1 1.yeST- WITNESS MY HAND AND OFFICIAL SEAL My commission expires: OS ~ 26~2015- ~73*21-5-0 Notary Public 01.f!©L . 0 ~ TONI ROSE i 1, SWERSKY; ATTACHMENTS AS APPLICABLE: • COPY OF THE PUBLICATION MY Conym:mon Ems *26/2015 • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 L - . PUBLIC NOTICE RE: 420 E. HYMAN AVENUE, CONCEPTUAL MAJOR DEVELOPMENT AND CONCEPTUAL COMMERCIAL DESIGN REVIEW, DEMOLITION, SPECIAL REVIEW NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, June 27,2012, at a meeting to begin at 5:00 p.m. before the Aspen Historic Preservation Commission, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Duvike Inc., c/o Aerscape Ltd., 230 S. Mill St., Aspen, CO. The applicant is represented by Charles Cunniffe Architects. The project affects the property located at 420 E. Hyman Avenue, Duvike Condominiums, Lot 0, Block 88, City and Townsite of Aspen, County of Pitkin, State of Colorado, PID #2737-073-39-020 through -027, and 2737-073-39-801. The applicant proposes to demolish the existing building and replace it with a three story mixed use building that includes commercial, free market residential and affordable housing. The applicant requests approval for a 40 ft. tall building through Commercial Design Standard Review. Special Review is requested to vary the dimensions of the trash/utility/recycle area. Off-site public amenity is proposed adjacent to the subject property. 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 June 7,2012 City of Aspen Account Easy Peel®Labels i & 1*221 Bend along lineto | ~ AMMIRV® 5160® I Use Ave,y® Template 5160® - 1 eed Paper -===m expose Pop-Up Edge™ 1 A 305-7 MILL STREET LLC 400 HYMAN LLC 409 EAST HYMAN LLC 412 N PAULINA 6829 QUEENFERRY CIR 63 FOX PROWL CHICAGO, IL 60622 1 BOCA RATON, FL 33496 CARBONDALE, CO 81623 AP RT 29 LLC ARCADES ASSOCIATES LTD LLC 517 EAST HOPKINS AVENUE LLC C/O KATIE REED MANAGMENT C/O KRUGER & CO 517 E HOPKINS AVE 418 E COOPER AVE 400 E HYMAN AVE ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN FILM ASPEN FIRE PROTECTION DISTRICT AVH ONION VENTURES 11 LLC 8.208 110 E HALLAM ST#102 ' 420 E HOPKINS AVE 601 E HYMAN AVE ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 BARNETT-FYRWALD HOLDINGS INC BENTLEYS AT THE WHEELER BIDWELL BERT INVESTMENT CORP 500 PRESIDENT CLINTON AVE STE 310 PO BOX 10370 2870 PEACHTREE RD #427 LITTLE ROCK, AR 72201 ASPEN, CO 81612 ATLANTA, GA 30305 BLAU JEFF T BPOE ASPEN LODGE #224 BRAND BUILDING CONDO ASSOC C/O RELATED COMPAINES 210 S GALENA ST #21 205 S GALENA ST 60 COLUMBUS CIRCLE FL 19 ASPEN, CO 81611 ASPEN, CO 81611 NEW YORK, NY 10023 CITY OF ASPEN CARLSON BRUCE E TRUST CHARLIES COW COMPANY LLC ATTN FINANCE DEPT PO BOX 3587 315 E HYMAN AVE 130 S GALENA ST ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 COLLINS BLOCK LLC COLORADO CABLE , COTTONWOOD VENTURES I LLC 205 S GALENA ST 500 PRESIDENT CLINTON AVE #310 419 E HYMAN AVE ASPEN, CO 81611 LITTLE ROCK, AR 72201 ASPEN, CO 81611 COTTONWOOD VENTURES 11 LLC COX JAMES E & NANCY DENSON JAMES D ATTN JANA FREDERICK C/O KRUGER & CO PO BOX 1614 300 CRESCENT CT #1000 400 E HYMAN AVE TUBAC, AZ 85646 DALLAS, TX 75201 ASPEN, CO 81611 DOLE MARGARET M F & M VENTURES LLC FOOTLOOSE MOCCASIN MAKERS INC C/O FIRST NATIONAL BANK OF C/O MORRIS & FYRWALD RE C/O MANUEL GOUVEIA CEDARIDGE 415 E HYMAN AVE 44 SILVERADO CT. PO BOX 8455 ASPEN, CO 81611 CANON CITY, CO 81212 ASPEN, CO 81612 G & K LAND CO LLC GLENROY PARTNERS 2.9% GODIVA HOLDINGS LLC 140 PITKIN MESA DR PO BOX 2157 435 E MAIN ST ASPEN, CO 81611 SANTA CRUZ, CA 95063 ASPEN, CO 81611 A Etiquettes faciles & peler | Sens de Repliez A la hachure afin de 1 www.avery.com 1 Utilisez le gabarit AVERY® 5160® 1 chargement ravaler le rebord Pop-UpTM 1 1-800-GO-AVERY 1· I Easy Peel® Labels I A U...*.....29, Bebid along line to I 6~ APMER¥® 51600 i Use Avpry® Template 5160® eed Paper r=ZEZED expose Pop-Up Edge™ 1 A GOLDEN ARTS CONNECTION LLC GORDON DAVID F & LETICIA LLC GRIFFITH LARRY R DBA ASPEN INTERNATIONAL ART C/O JOE RACZAK/NORTH OF NELL MGT 19794 ESCADA CT 213 S MILL ST 555 E DURANT REDDING, CA 96003 ASPEN, CO 81611 ~ ASPEN, CO 81611. HALL CHARLES L HINDERSTEIN FAM REV TRUST HORSE ISLAND LLC PO BOX 1819 4415 HONEYMOON BAY RD 415 E HYMAN AVE #16 ASPEN, CO 81612 GREENBANK, WA 98253 ASPEN, CO 81611 HYMAN MALL COMMERCIAL CONDOS ISIS GROUP ISIS BUILDING LLC LLC C/O COURTNEY LORD 205 S MILL ST # 301A 290 HEATHER LN 9 PYRAMID RD ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 KANTZER TAYLOR MICHAEL FAMILY KAUFMAN GIDEON I 1<ANDYCOM INC TRUST #1 C/O KAUFMAN & PETERSON 766 SINGING WOOD DR. 216 SEVENTEENTH ST 315 E HYMAN AVE #305 ARCADIA, CA 91006 MANHATTAN BEACH, CA 90266 ASPEN, CO 81611 KREVOY SUSANNE SEPARATE PROP KOPP AMELIA L TRUST LEVY LAWRENCE F & CAROL TRST 50% 1000 DOLORES WY #B 980 N MICHIGAN AVE #400 2311 LA MESA DR CARBONDALE, CO 81623 CHICAGO, IL 60611 SANTA MONICA, CA 90402 LINDNER FRITZ DISCLAIMER TRUST LOMA ALTA CORPORATION MASON & MORSE INC 50% PO BOX 886 514 E HYMAN AVE 66966 TEN PEAKS CT LANCASTER, TX 75146-0886 ASPEN, CO 81611 BEND, OR 97701 MILL STREET PLAZA ASSOC LLC MTN ENTERPRISES 80B NH ONION VENTURES Il LLC 16.918% C/O M&W PROPERTIES C/O HILLIS OF SNOWMASS 601 E HYMAN AVE 205 S MILL ST #301A PO BOX 5739 ASPEN, CO 81611 ASPEN, CO 81611 EAGLE, CO 816315739 OSA TRUST 50% PRADA USA CORP P & L PROPERTIES LLC C/O KREVOY SUSANNE BELZBERG C/O GIORGION RIGHETTI, CFO 101 S 3RD ST #360 2311 LA MESA DR 610 WEST 52 ST GRAND JUNCTION, CO 81501 SANTA MONICA, CA 90402 NEW YORK, NY 10019 RED ONION INVESTORS LLC 65.784% RG ONION VENTURES 11 LLC 4% SH ONION VENTURES Il LLC 2.19% C/O KATIE REID MGMT 601 E HYMAN AVE 601 E HYMAN AVE 418 E COOPER ST ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 SILVER SLAM COMMERCIAL LLC SLAM COMMERCIAL LLC VOLK PLAZA LLC C/O RELATED COMPANIES/ JEFF BLAU 2100 E MAPLE RD #200 995 COWEN DR #201 60 COLUMBUS CIR BIRMINGHAM, MI 48009 CARBONDALE, CO 81623-1657 NEW YORK, NY 10023 A ttiquettes faciles & peler I Repllezala hachureafin del www.avery.com [ Sens de Utilisez le gabarit AVERY® 5160® A chargement r6v6Ier le rebord Pop-UPT'.1 1 1-800-GO-AVERY · 1 A Easy Peel®Labels I A EmiEEN. Bendalong line to | 1 ~ AVE[1*tF® 5160® i Use Avery® Template 5160® eed Paper ====¤ expose Pop-Up Edge™ 1 - A VOLK RICHARD W TRUSTEE WELLS FARGO BANK WALL JANET REV TRUST C/O RICHARD W VOLK MANAGER C/O THOMSON PROPERTY TAX 9762 BURNLEY PL 2327 MIMOSA DR SERVICES 1 BEVERLY HILLS, CA 90210 HOUSTON, TX 77019 PO BOX 2609 CARLSBAD, CA 92018 WHEELER BLOCK BUILDING LLC WHEELER SQUARE - CASPER FAMILY WENDELIN ASSOC TKG MANAGEMENT INC C/O LLC 150 METRO PARK 211 N STADIUM BLVD STE 201 315 E HYMAN ROCHESTER, NY 14623 COLUMBIA, MO 65203 ASPEN, CO 81611 WILLIAMS DEXTER M WOODS FAMILY LP ZUPANCIS ROBERT L 30.621% 82 W LUPINE DR PO BOX 11468 509 RACE ST ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 A itiquettes faciles & peler | Sens de Repliez & la hachure afin de 1 www. avery.com i Utilisez le gabarit AVERY® 5160® 1 chargement rav6ler le rebord POP·UPTM 1 1L800-GO-AVERY I A' r-1 @. @U CHARLES CUNNIFFE ARCHITECTS July 23,2012 Sara Adams Senior Planner Community Development City of Aspen 130 S. Galena Street Aspen, CO 81611 Re: Neighborhood Outreach Commercial Core Historic District Conceptual Review Duvike Condominiums/CM, LLC 420 E. Hyman Avenue Parcel ID No. 2737 0733 9801 Dear Sara, As we discussed, the Applicant has selected Form 5 for the Neighborhood Outreach requirernent, pursuant to Section 26.304.035.C. Appropriate Forms of Public Outreach. This form has been addressed by posting a 36 inch by 24 inch informational bulletin on the street fagade of the existing building on Friday, July 20, 2012. This method of outreach was suggested by and coordinated with the Aspen Planning Department beginning June 14, 2012. The bulletin contains floor plans and elevations of the proposed remodeling and additions, plus colored 3-D computer perspectives of the street fagade in daytime and nighttirne in context with the adjacent buildings. It also contains a narrative description of the proposed redevelopment and a notification of the date, time and place for the Aspen HPC Continued Preliminary Hearing. Neighbors and interested parties are invited to attend. A copy is attached for your review. We believe this meets the intent of the Neighborhood Outreach Section of the Aspen Land Use Code. Please let us know if any further information is required. Sincerely, CL L C.*-4 Charles L. Cunniffe Principal Attachment I 610 East Hyman Avenue • Aspen, Colorado 81611 • tel: 970.925.5590 • fax: 970.925.5076 • www.cunniffe.com 1 ~ CELEBRATING ~~ YEARS OF AWARD WINNING ARCHITECTURE W. 9 i --% - - / 37.... ' 1, 1 - 7 7-7 7-7 - . ~I I *# p ...3 ' 1 E . ...a-- -- I -- r , 7 t 71 » - . -,rt.- 1 · t. - ..P .. t. A» / 1 - ...1. ' I to- fli 'Emmp[337.- :c~co f.- , 97Fs~- , 82- 4 1 1 m = MA £ FT#i f'*1/ MI jit r P 1/r ..1...t'Virl: A'·,1 ., 11, ~1.14 ~~7710 1-1,%/1 p --01. - .11 . 11'.'. VV 11. 11 l. 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BASEMENT LEVEL COMMERCIAL- 4 MECH It=t 2057 SF El -f TO PNWMET , le,= 4 277 SF Q *== 12% fi- - 11 , ' -- '- 0.8 THIRD ':a; .+ -- - -- -- 127'.or 4%1 /0 Up il, 4 TO S ™.D LEVEL 4 "IC 1 4 8*4293 /7 p..il \ _ w Gr Hi ~ Ill -¤2 T 0 S SECOND LEVEL 4 TO S SECOND LEVEi * BASEMENT LEVEL PLAN 1156- 115·€ 3.3> I . 11 1 1 ! 1 i ~ 100'*r , TOS MAN LEVEL 4 - - - IRA-MAIN LEVEL.4 100·.0- 100 47- 1 - SIDE ALLEY ELEVATION HYMAN AVENUE MALL ELEVATION SER~CE ~4 1 · 11.20 f MAIN 1 COMMERCIAL Description of Proposed Project: M i i pH 0 i 1744 SF Farm 1 4 .41 PARKING 85.18 9 9~9 A redevlopment of the property to replace the 1// j \ u .. existing building. The proposed basement and '71 street levels will have commercial spaces to NON-UNIT -MAIN LEVEL match the existing uses. The second floor 38 SF is planned to be replaced with affordable STREET LEVEL PLAN housing, additional commercial, and part of a free-market residential unit. The upper level is planned to accommodate AHU-2 BEROOM i FREE MARKET the remaining free-market unit and more NET LEASABLE NET LEASABLE 78 SF 578 SF affordable housing. ~ + + 107-0- The exterior facade is intended to provide 1 a modern architectural statement while L. SECOND LEVEL J-J AHU COMMERICAL 0 AHU Tli STUDIO #2 keeping in scale with historic downtown Aspen. · 510 SF STUDIO *1 :41 -fli 533 SF A glass skin with a simple mullion pattern will 560 SF ~!t~ - . . 1 01 ·4£ 1 & 111:ti- 1 , TOECIC emphasize an understated but elegant new . 9. >WW 31 T BALCOK¥ f property along the Hyman Avenue Mall. \ -*.* 1 1 0-1.la~.38 2ND DECKA 2ND COMMON 2ND DECK B 219 SF 38 SF 104 SF Under Review with the Aspen HPC: SECOND LEVEL PLAN Hearing Date: Wednesday, July 25th, 2012 An *94 -G i Time: 5:00 PM C '2 Location: City Chambers, City Hall. 130 S. Galena. Aspen, CO : . 109* 3 * 4 + Neighbors and Interested Parties are welcome to attend. 1 / - -8-A L_liC/Ill 4 1»}wt~ * e 1 1 j Ar 4 2.13 2 +4?4 4 , --5.1 er . 4 fit - I . .irrf#/1//FITU7---= [«r-7 99. . 1 14 - . - A i - 2BEDROOM-AHU FREE MARKET NET LEAS,ABLE NET LEASABLE 3RD DECK A Li - *.6 - 872 SF 1217 SF 216 SF . UPPER LEVEL PLAN pr . l / 9 -- FOR FURTHER @. 4 7 INFORMATION "' PROPOSED BUILDING - EVENING VIEW PLEASE CONTACT: . EM CHARLES CUNNIFFE I'' ARCHITECTS CHARLES CUNNIFFE i 970.925.5590 ARCHITECTS PROPOSED BUILDING - DAYTIME VIEW 420 E. HYMAN AVENUE -7Jj.l f- \ % L 2'' .. MEMORANDUM TO: Aspen Historic Preservation Commission FROM: Sara Adams, Senior Planner THRU: Amy Guthrie, Historic Preservation Officer RE: 420 E. Hyman Avenue- Conceptual Major Development, Conceptual Commercial Design, Public Hearing DATE: July 25, 2012 SUMMARY: The applicant ~ . .1/ .t y requests approval to demolish the * . existing 1 970s two story building · i and to construct a new three story building. The building is located % U ' on a 3,000 square feet lot in the ~,4 . Commercial Core Historic "'A District and is not considered a e contributing structure to the i Ilill I'll District. The building is 4 , currently a mix of commercial 4,0' and residential uses. HPC is flitiril/illm,limd IM.-1,4-9 - k 1 Major Development and ~f~~Er'm,~1 ~m| .E IM' 1 9 fr f. 4 Conceptual Commercial Design Ii-Z~ rim - 4,#d --. Reviews. As part of Conceptual - 2. 1 1 Commercial Design Review, the .......ill.......181*-I./7-p *IT 1946 applicant requests approval tO Image 1: 420 East Hyman Avenue, existing condition. increase the height from 38 ft. to 40 ft. In addition, the applicant requests a variance from the dimensional requirements for the trash/utility/recycle area. RECOMMENDATION: Staff recommends that HPC continue the public hearing for the applicant to restudy the third floor setbacks, to lower the height of the building, and to provide more information on the trash/utility/recycle area. APPLICANT: Duvike Inc., c/o Aersacpe Ltd., 230 S. Mill Street, Aspen, CO PARCEL ID: 2737-073-39-020 - 027, and 2737-073-39-801. 420 East Hyman Avenue HPC Conceptual Reviews Staff Memo Page 1 of 8 .. ADDRESS: 420 East Hyman Avenue, Lot O, Block 88, City and Townsite of Aspen. ZONE DISTRICT: CC, Commercial Core, Historic District Overlay. 7--I'll.---T-V.I.- .... I . 1.2 . f. 1 / 4 d·7 4. . -r 0 ' ' *4 Im * + . 6. ... ---r--- .. :- - Al . WI-4#"1 1 A ; N ~~ · $ i 2 ' ft;N 1%1 1.-0. . . :'44114 ., 7 C .... I . ' 2'. 9 • $ f ·Aa. • ir r - t . ££*AN 2 .': ,r 8. lA ; A Q , »14..«2:01 4# . . 1 # *% . 0 41 1 A#IB~4I~,6~ -.,8 , f r - : ir *1.-r <*4 F A I . f .Ill.NLI. e - 6.I- J//8- <'44/-lie'.I Image 2: Map of 420 E. Hyman in context of the Historic District. Yellow shading indicates individual landmarks. CONCEPTUAL MAJOR DEVELOPMENT AND COMMERCIAL DESIGN REVIEW The procedure for a Major Development Review, at the Conceptual level, is as follows. Staff reviews the submitta! materials and prepares a report that analyzes the project's 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. 420 East Hyman Avenue HPC Conceptual Reviews Staff Memo Page 2 of 8 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 structurefs) and/or addition(s) as depicted in the Conceptual Man 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. Staff Response: Conceptual review focuses on the scale, massing, height and proportions of a proposal. The design guidelines for conceptual review of a building in the downtown historic district are all located within the "Commercial, Lodging and Historic District Design Objectives." The relevant guidelines are attached as "Exhibit A" and/or referenced below. SITE PLAN: The proposed site plan remains largely unchanged from the existing configuration. With the exception of the street facing commercial space, the upper and lower floors are accessed from the middle of the building off of the existing interior "alleyway." The interior "alleyway" is actually the adjacent private property; however a 10 ft. restrictive covenant (similar to an access easement) exists between the two property owners that allows 420 to use the space for access. This property is similar to a corner lot since there are two visible street facing facades due to the interior "alleyway." The building is proposed to have a zero front setback and is positioned parallel to the lot line, which continues to the define the street wall along the Hyman Pedestrian Mall. Parking is located off of the alley at the rear of the property adjacent to the proposed trash/utility area. Public amenity is proposed to be off-site improvements to the Hyman Pedestrian Mall (with Parks Department approval), as detailed at the end of the memo. A few of the relevant Design Objectives and Guidelines are below: 6.1 Maintain the established town gird in all projects • The network of streets and alleys should be retained as public circulation space and for maximum public access. • Streets and alleys should not be enclosed or closed to public access, and should remain open to the sky. 6.20 Orient a new building to be parallel to its lot lines, similar to that of traditional building orientations. • The front o f a primary structure shall be oriented to the street Staff is supportive of the proposed site plan and finds that the Guidelines are met. SCALE/MASS: The applicant proposes a rectangular form which is consistent with other commercial and mixed use buildings in the Historic District. In addition to building form, the Design Objectives and Guidelines emphasize maintaining a two story scale along the sidewalk. The applicant proposes a three story building along the Hyman Avenue fa™le with a cut-out on 420 East Hyman Avenue HPC Conceptual Reviews Staff Memo Page 3 of 8 3 1 the second floor and a 12 feet south setback on the third floor. A balcony is proposed on the second floor facing the interior "alleyway" which provide some relief to the massing, but does not help to define a two story element. Third floor Setback: Staff is concerned that a two story building scale is not maintained at the sidewalk and finds that Design Guideline and Objective 6.25 is not met. The adjacent historic buildings to the east, 426 E. Hyman (Aspen Psychic) and 428 E. Hyman (Quicksilver), have 15 ft. and 23 ft. setbacks for third floor additions, respectively. Unlike the subject property, these buildings only have one street facing fa™le. The third floor setbacks render the upper level almost invisible from the Pedestrian mall which maintains a strong two story street wall and pedestrian environment along the north side of Hyman. In addition, Design Objectives and Guidelines 6.46 (a Final Review Guideline) requires a setback of at least 15 ft. when the third floor is over 12 ft. in height. The proposed third floor is 13 ft. in height; however, regardless of whether the height of the third floor is over 12 ft. Staff finds that the setback should be 15 ft. at a minimum to respect the adjacent historic structures. Increasing the third floor setback reduces the perceived mass of the building and reduces the impacts of the third floor on the context o f the District. Staff is also concerned that the alley elevation does not step down in scale as stated in Design Guideline and Objective 6.24, which is visible from the Wheeler Opera House upper floors and down the alley from Mill Street. STAFF RECOMMENDATION: Staff recommends that the third floor setbacks be increased along the south (Hyman Ave.), west (interior alley), and north (alley) elevations to define a clear two- story scale. 6.24 Along a rear fagade, using building forms that step down in scale toward the alley is encouraged. • Consider using additive forms, such as sheds, stairs and decks to reduce the perceived scale. These forms should however, remain subordinate to the primary structure. • Use projecting roofs at the ground floor over entrances, decks and for separate utility structures in order to establish a human scale that invites pedestrian activity. 6.25 Maintain the average perceived scale of two-story buildings at the sidewalk. • Establish a two-story height at the sidewalk edge, or provide a horizontal design element at this level. A change in materials, or a molding at this level are examples. HEIGHT: The Commercial Core maximum height limit is 38 ft. which may be increased to 42 ft. through Commercial Design Review. The applicant requests a height increase to 40 ft. The roof plan includes a mechanical area toward the alley. Mechanical is permitted to extend 5 ft. above the height of the building from the point at which the equipment is attached. 420 East Hyman Avenue HPC Conceptual Reviews Staff Memo Page 4 of 8 Before discussing the overall proposed height, it is important to understand the breakdown of floor to floor heights for each story. The first floor is 15 ft. 6 in., second floor is 11 ft. 6 in., and the third floor is 13 ft. to the top ofroo £ Floor to floor heights are discussed at Final Review but it is important to understand what comprises the overall 40 ft. height request. Staff is concerned about the overall height of the building and its relationship to adjacent historic structures (see Image 2 on page 2 of this memo for adjacent historic landmarks). As illustrated in the contextual elevations provided on sheet A5 of the application, the proposed building does not reflect the scale of the adjacent historic structure as stated in Design Guideline and Objective 6.31 and 6.32. In Staff's opinion the proposed building height and proportions are not subordinate to the adjacent historic structure. While the proportions of building elements and their relationship to historic context are an issue for Final Review, the overall height of building overshadows the adjacent 2 story historic commercial structures to the east. 6.27 A new building or addition should reflect the range and variation in building height of the Commercial Core. • Refer to zone district regulations to determine the maximum height limit on the subject property. • A minimum of 9 ft. floor to ceiling height is to be maintained on second stories and higher. • Additional height, as permitted in the zone district, may be added for one or more of the following reasons: - In order to achieve a least a two-foot variation in height with an adjacent building. - The primary function of the building is civic. (i.e. the building is a Museum, Civic Building, Performance Hall, Fire Station, etc.) - Some portion o f the property is affected by a height restriction due to its proximity to a historic resource, or location within a View Plane, therefore relief in another area may be appropriate. - To benefit the livability of Affordable Housing Units. - To make a demonstrable (to be verified by the Building Department) contribution to the building's overall energy efficiency, for instance by providing improved day-lighting. 6.31 A new building should step down in scale to respect the height form and scale of a historic building within its immediate setting. 6.32 When adjacent to a one or two story historic building that was originally constructed for commercial use, a new building within the same block face should not exceed 28 ft. in height within 30 ft. of the front fa~:ade. • In general, a proposed multi-story building must demonstrate that it has not negative impact on smaller, historic structures nearby. • The height and proportions of all fagade components must appear to be in scale with nearby historic buildings. 420 East Hyman Avenue HPC Conceptual Reviews Staff Memo Page 5 of 8 STAFF RECOMMENDATION: Staff recommends that the applicant restudy the height of the building to meet the required 38 ft. height limit. PUBLIC AMENITY: Provision of public amenity. The Planning and Zoning Commission or Historic Preservation Commission, pursuant to the review procedures and criteria of Chapter 26.412, Commercial Design Review, shall determine the appropriate method or combination of methods for providing this required amenity. One (1) or more of the following methods may be used such that the standard is reached. 1. On-site provision ofpublic amenity. A portion of the parcel designed in a manner meeting Subsection 26.575.030.F., Design and operational standards for on-site public amenity. 2. Off-site provision ofpublic amenity. Proposed public amenities and improvements to the pedestrian environment within proximity o f the development site may be approved by the Planning and Zoning Commission, pursuant to Chapter 26.412, Commercial Design Review. These may be improvements to private property, public property or public rights-of-way. An easement providing public access over an existing public amenity space for which no easement exists may be accepted if such easement provides permanent public access and is acceptable to the City Attorney. Off-site improvements shall equal or exceed the value of an otherwise required cash-in-lieu payment and be consistent with any public infrastructure or capital improvement plan for that area. 3. Cash-in-lieu provision. The City Council, upon a recommendation from the Planning and Zoning Commission or the Historic Preservation Commission, as applicable, may accept a cash-in-lieu payment for any portion of required public amenity not otherwise physically provided, according to the procedures and limitations of Subsection 26.575.030.E, Cash-in-lieu payment. 4. Alternative method. The Commission, pursuant to Chapter 26.412, Commercial Design Review, may accept any method o f providing public amenity not otherwise described herein i f the Commission finds that such method equals or exceeds the value, which may be nonmonetary community value, of an otherwise required cash-in-lieu payment. STAFF RECOMMENDATION: Staff finds that standard 2 is met in the proposal. The applicant commits to at least $22,500 worth of public improvements in the Pedestrian Malls subject to Parks Department and Community Development Department approval. The improvements shall be consistent with any public infrastructure or capital improvement plan for the area. TRASH/UTILITY/ RECYCLE AREA: B. Review standards for reduction of dimensions. The Planning and Zoning Commission may reduce the dimensions of a utility/trash/recycle service area by following special review procedures set forth at Chapter 26.430 if: 420 East Hyman Avenue HPC Conceptual Reviews Staff Memo Page 6 of 8 1. There is a demonstration that, given the nature o f the potential uses of the building and its total square footage, the utility/trash/recycle service area proposed to be provided will be adequate. 2. Access to the utility/trash/recycle service area is adequate. 3. Measures are provided for enclosing trash bins and making them easily movable by trash personnel. 4. When appropriate, provisions for trash compaction are provided by the proposed development and measures are taken to encourage trash compaction by other development in the block. 5. The area for public utility placement and maintenance is adequate and safe for the placement of utilities. 6. Adequate provisions are incorporated to ensure the construction of the access area. STAFF RECOMMENDATION: The proposed trash/utility/recycle area meets the dimensional requirements(15 ft. wide x 10 ft. vertical clearance x 10 ft. deep); however rather than orienting the service area along the width of the lot, it is turned 90 degrees to allow for 2 parking spaces. The applicant contacted waste haulers and confirmed that they will provide service to this type of trash area (Exhibit B). Staff contacted the Environmental Health Department to discuss the orientation of the area. They requested more information to review the proposal and make a recommendation regarding the requested variance, which has not yet been provided (see Exhibit C). The HPC may: • approve the application, • approve the application with conditions, • disapprove the application, or • continue the application to a date certain to obtain additional information necessary to make a decision to approve or deny. RECOMMENDATION: Staff recommends that HPC continue Conceptual Commercial Design Review and Conceptual Major Development Review for the project located at 420 E. Hyman Avenue to restudy the third floor setbacks, lower the height of the building and provide more information to the Environmental Health Department regarding the trash area variance request. Exhibits: 420 East Hyman Avenue HPC Conceptual Reviews Staff Memo Page 7 of 8 A. Relevant Commercial, Lodging and Historic District Design Guidelines and Objectives. B. Letter from Mountain Roll-Offs, Inc regarding waste removal. C. Preliminary Comments from Environmental Health Department. D. Application. 420 East Hyman Avenue HPC Conceptual Reviews Staff Memo Page 8 of 8 8(kibit A City of Aspen Commercial Core Historic District 3.14-/1- Encompassing the Commercial Core Zone District Design Objectives and Guidelines Policy: Improvements in the Commercial Core Historic District should maintain the integrity of historic resources in the area. At the same time, compatible and creative design solutions should be encouraged. This chapter presents guidelines for new Existing Character construction and alterations to existing non- The heart of Aspen centers around the Commercial historic structures in the Commercial Core Core Historic District. It is the first area that Historic District. Key design characteristics of developed in the early mining days of the town this district are summarized and then specific and its character reflects this rich mining heritage, guidelines are presented. which is the image that many carry with them of this historic Colorado mountain town. Each Location historic building contributes to the integrity of the The Commercial Core of the city is defined by district and preservation of all of these resources Monarch Street to the west, Durant Avenue to the is, therefore, crucial. This is especially important south, Hunter Street to the east, and roughly the as new development continues. alley to the north of Main Street to the north. (See the Character Area map in the appendix.) ~t'•d~ mr.~~.~V'ai . . i/J.9/*lai- W Ni r - .< . **, .k '4~/I~/4'/ 't- 7- t. .. 4 I /i ./-/IJ,1 a'..240--- 4 4 .. 44- 41 : 44, d/1-43.e,4,2e~ .4..43.1.-431'. i<Li . '' 4 &4:,1 ,-m-- I . 1 *:6.<42. 9 f: 'h 1 1 11 111. The Commercial Core Zone District is located at the core of Downtown Aspen. Commercial, Lodging and Historic District Wk page 91 Design Objectives mid Guidelines *40 [-21 City of Aspen Commercial Core Historic District i.-, 44'r,R71 Street Pattern :·12'·J~.41;U:, 7 ' As the historic core of the city, its current urban form reflects these origins. It is a grid of streets 0~ aligned to the north. Rectangular street blocks of hi..lilli 270 ft. by 220 ft. with long axes and rear alleyways - are oriented east-west, and subdivided into 30 by 100 ft. lots. Buildings generally occupy the fulllot >:, L..~ 41,4 width within the core area and span the full depth ..., F y , 61 :7- , from street frontage to rear alley. A. 1 F.' - ,·¥1'gal'Im This arrangement still anchors the historical urban 't, form of the city, despite some recent departures from the traditional hard street edge. The variety of building forms & scales is influenced in areas by previous site-based open space requirements. 4 -1.- --~V ..... The traditional lot widths continue to define the majority of the buildings in this area, either in total width or, where lots have been amalgamated, in U their architectural composition, articulation and fenestration pattern. This ensures that the city 4 . center is still appreciated for its essential human scale, concentration of historic buildings and visual and cultural experience. The street pattern frames spectacular scenic views. Building Character The commercial buildings of the mining era establish the context for new construction, even though individual landmarks of later periods may also be found in the area. Buildings range in scale from early residential including miners' cottages to larger 'iconic' landmark Victorian commercial and community buildings. The latter tend to occupy corner sites and range in scale from one to three stories in height. This area includes the varied range of buildings dating from the city's earlyhistory and representing all periods of development in the evolution of Aspen. The character is predominantly urban, while the building pattern in many areas continues to exhibit the original traditional lot width arrangement. The street fagades are strongly defined in many areas by a combination of larger Victorian and smaller scale buildings. This is particularly the case on street corners. page 92 Commercial, Lodging and Historic District 113;541 PME Design Objectives and Guidelines City of Aspen Commercial Core Historic District Storefront context 415 Most buildings have features associated with . .4,1 r. i , traditional commercial designs. Ground level *:fi~' - ' ' 1 .4.-h. floors of the buildings are oriented to pedestrian · ',· p . . '31. views, with large display windows highlighting 9 '~ r,1 · 4 I ... 4 . 4 0 + I . It.. .. . the goods and services offered for sale inside. - e .4. >. 2. - .19:....:, . 1 1 Recessed entries are also typical. A horizontal . .. 1 . /6 4 : '. 1 k .' ,., , · ·: ·,1 *U·»~'. band of molding usually separates the ground · Ul t 9 --r ..,1'a>44 - . floor from upper portions of the fagade and the &* 21, *3~ parapet is capped with a decorative cornice. i 2.- .'?* ·4»,-' 11! These elements combined to establish a horizontal 4. + L. 1. , emphasis along the street. 1 · 1-®3-;t371~'•64 ·-- . 4 : ¥0'140'2 UM Fenestration on upper floors is predominantly ~ ~ '1 ..' solid and void'hole in the wall' form and vertical *jill'zi~..' - ~i~0illiliirillinililialil i~liarlliZlbl~Fil in proportion, reflecting classical architectural '... ..4 =tr'llad",<"2&*m proportions. There are, however, departures from - this pattern which contribute to the rich diversity 4 . 11.- '.1 -, 1. ..--3.'.f----ej=?~~1 of the street. A hard street wall as seen along the walking mall downtown is a characteristic throughout Character Area 1. Outdoor Spaces There are also instances of small scale spaces f.--- 1 created by the set back of building falades. ~0601 alignment ofbuilding fronts. Where these are used 1.1 1 They are, however, the exception to the historic ~ 1 I for outdoor dining they provide attractive public ~0~1 · . I ¢1 CrnairEdthelront defLuion oft2113twaill , *Att 130 ..7 .,2 in this area, and therefore creating further breaks ..... . .4* in the street wall should be minimized. ' ,..'10.•A'*4:' ~.. .* I ' li·- St: , The resulting character is both intimate and .4 3/lailf/~4'::iliiiit Ziallibiili ~~R stimulating, and in keeping with the variety /Zimi/41 and harmony unique to Aspen. There have been ~4,} - -lia - departures from the hard street edge, where -.A.' v#,-·, IiII~~ lutul:il more recent development has stepped back ..1'I,".'.5- ,>„ , to create semi-basement space and detached . 1 ...1~ 7.-•-1.3.b,11= or internal retail frontage often on more than Wzin Br~-7~ i,1-,4--Frh~'#riri- one level. In many cases these have detracted m#,9'40 0..~<dkie.' *2:. r from the immediate relationship between shop r.' , 0„¥,-1~4?502 n: i. frontage and public sidewalk and the sense of -' 12·•·,~z.,- + '41~'*~, 13'~16.-' ,~11~ street fagade definition, with adverse effects on ~ a ..<b""I~InGLO=.1 street vitality and the urban character within Victorian store#onts anchor the Commercial Core and dejine downtown Aspen. the key characteristics of building height, mass, articulation and materials. Commercial, Lodging and Historic District 1/1 0.1" 3.60 page 93 Design Objectives and Guidelines CZE Commercial Core Historic District City of Aspen Design Objectives 4. Reflect the variety in building heights seen These are key design objectives for the Commercial historically. Core. The City must find that any new work will New development should stay within the range help to meet them: of building heights, and be designed to reflect the variation in height across traditional lot widths. 1. Maintain a retail orientation. The scale and form of a new building should be Traditionally the hub of Aspen and the center of designed to safeguard the setting of a historic commercial and cultural activity, the Commercial building, whether single story or the large'iconic' Core should remain so. Designs for new three plus stories. construction should reinforce the retail-oriented function of the street and enhance its pedestrian 5. Accommodate outdoor public spaces where character. they respect the historic context. The street vitality associated with the center 2. Promote creative, contemporary design that of the city should be retained and enhanced respects the historic context. through a combination of the form and design of While new construction should be compatible the walkable street network and the associated with the historic character of the district designs areas of public gathering space at street level and should not copy early styles but instead should above. The design of any public space within seek creative new solutions that convey the the core should be a central consideration in community's continuing interest in exploring the design and configuration of the building, to innovations. At the same time, the fundamental ensure that it contributes to a positive experience principles of traditional design must be respected. in the streetscene, whether or not used for street This means that each project should strike a dining. balance in the design variables that are presented in the following pages. 6. Promote variety in the street level experience. 3. Maintain the traditional scale of building. Architectural form should recogrtize existing scale The Commercial core of the city is likely to and diversity and build upon established design experience continuing market pressure for hotel, traditions, creativity and innovation in a manner commercial and residential development and which strengthens the architectural richness the parallel needs of affordable commercial and and identity of the city core. The contextual residential accommodation. It is important that contribution of building and storefront design future growth acknowledges, complements and will depend on detailed consideration of the street enhances the existing scale and character of this fagade and associated landscaping and paving. area. 7. Preserve the integrity of historic resources within the district. The original form, character, materials and details of historic resources should be maintained. This applies to individual structures of landmark quality as well as more modest "contributing" structures. page 94 Commercial, Lodging and Historic District ' -/3 Design Objectives and Guidelines City of Aspen Commercial Core Historic District Conceptual Review Design Guidelines 1 he jolit>\ving design guidelines shall applv at the conaptual review Atage. Street & Alley Systems *,7 The street pattern is essential 'infrastructure' ./..../. for the character of the district. The north / - . -v//wL# 4 **, 1 4. south orientation of the streets accentuates the relationship of the City with its dramatic € 4 1% 434 / 0 92 . 4 i:. 2,/, .... 44 landscape setting. 2 .* . I =49 -9 The circulation pattern provided by the network f ·W P , of streets, alleys and courts should be retained to 4/|~ ~ ~ : I 1/ % .**3 . : V /* ' 4 04 Gi(44% P: D ensure maximum public access. It should not be V , 414 ."44 enclosed by gating and it should not be spanned ~ AX~ 46 i *444: ./ €cy*~ ff'/. .#4 417/ by development above. Wherever possible 4 {33.0.4 V - ¥*244 pedestrian access to alleys should be enhanced. The creation of additional public walkways to • „* 44% i . 49 @ 9 % ats¥%4>> rear alleys and other public spaces enhances the The networkof streets, alleys and existing pedestrian passageways interest of the city center. enhances access in the downtown, Additional links and an enhanced public circulation pattern can increase commercial frontage and access to the side, to the rear and also to the interior of development sites. Improved access also creates opportunities for additional commercial space, which is to be encouraged. Street Grid The original arrangement of parcels significantly affects the visual character of the area. The city was platted on a grid system of lots and blocks, and buildings were typically sited parallel with these lot lines. The layout of early buildings, streets, sidewalks and alleys still can all be seen in this system, and should be maintained. 6.1 Maintain the established town grid in all projects. • The network of streets and alleys should be retained as public circulation space and for maximum public access. • Streets and alleys should not be enclosed or closed to public access, and should remain open to the sky. Commercial, Lodging and Historic District 64#1 page 95 Design Objectives and Guidelines Comin,ercial Core Historic District City of Aspen Internal Walkways il 6.2 Public walkways and through courts, -,4.,4,0,,·0 when appropriate, should be designed to create 1.' t•F-,1 access to additional commercial space and 7 . t. ..77,1/6 . li m e. :,R, ' .li q frontage, within the walkway and/or to the rear of the site. ,'4£ ·4: \:ri'·, .Ztini~i • See also: Public Amenity Space design guidelines. ~ Historically, alleyscapes were simple and Maintain the established town grid in all projects. utilitarian in character, with a variety of materials and building scales. Many structures had additions that were subordinate to the main building, stepping down in scale at the alley. Others had loading docks, stairs and balconies that contributed to the human scale. This traditional character should be maintained, while accommodating compatible new uses. The continued development of visual interest in these alleys is encouraged. Greater variety in forms and materials is also appropriate here. 6.3 Develop an alley fa<ade to create visual interest. • Use varied building setbacks and changes in materials to create interest and reduce perceived scale. • Balconies, court yards and decks are also appropriate. • Providing secondary public entrances is strongly encouraged along alleys. These should be clearly intended for public use, but subordinate in detail to the primary street-side entrance. page 96 Commercial, Lodging and Historic District REJ Design Objectives and Guidelines City of Aspen Commercial Core Historic District Parking The character of the Commercial Core Historic ..le..2 5.- District is one which is primarily appreciated on foot. The human scale and concentration of L ·',./6/.ill,9: --1...1.1. walkable streets is a key attraction. Therefore [Lil~ the visual impact of parking should in all cases .i7221**,0~tr6~rgli-illllllllllllllllmililimlilllt be minimized. Parking should be structured or ~ - 1...Ilimil"11/i/'Ill/51'll'll'llillillilli placed underground where the scale and setting ..ik~, 1.............1 of the site affords this opportunity Where a ~»/P/=~~~4/4 0~-1 ~ ///~//4#99/ parking structure is considered this should be ----/ 1 .... ...bil, 1,1 . 1 . contained within a 'wrap' of commercial and/or Where a parking structure might be considered this shoiild be residential uses. within a 'turap' of commercial andlor residential uses, as this building is. 6.4 Structured parking should be placed within a'wrap' of commercial and/or residential ( uses. .. • The exposure of auto entry areas should be minimized. - -2118,6-44,21,1~ - 1.........7...... 6.5 Structured parking access should not ,-....~ - I have a negative impact on the character of the ~ + ' - street. The access shall be: • Located on an alley or secondary street if necessary. • Designed with the same attention to detail and materials as the primary building Parking access located on an alley and integrated into the building fagade. design. • Integrated into the building design. Commercial, Lodging and Historic District A.~ page 97 Design Objectives and Guidelines 9 Commercial Core Historic District City of Aspen Public Amenity Space In every case Public Amenity Space should be On-site and communal open space has been a well defined and carefully designed. The design long-standing priority and characteristic of the of public gathering space, its enclosure, layout city. Where it is required the form, orientation, and content will be an integral consideration quality and use of such open space is of the utmost in the proposed form of the space. Although a importance. Well defined public space should be matter for full review and approval at the Final integrated with traditional streetscape character. Stage, its design should be envisioned at the time The Planning and Zoning Commission and / or of conceptual review. the Historic Preservation Commission will decide whether, where and in what form Public Amenity Design Ob j ectives Space will be required. Where considered to be compatible within the Commercial Core Historic District, public amenity In the past, open spaces occurred as accents along space should be designed and placed to achieve the street, usually where a house existed in the the following objectives: historic context or where a lot stood temporarily 0 Create an active and interesting street vitality vacant. In more recent years, outdoor spaces were through the promotion of public gathering built that sometimes eroded the character of the space. street edge. These conditions are not precedents . Maintain a well-defined street edge and for future development. While some open space streetcornertoensurethatsuchpublicspace may occur, it should be subordinate to the creates an accent within the street fagade. traditional character of the street. • Create an additional commercial frontage and / or space to the side or rear of the site Public amenity space along the primary street or building frontage should be an accent within, and exception to, an otherwise well defined street • Createawelldefined, localized publicspace fa,ade. There will be locations within the city at the street edge, where e.g. additional core where the character and setting of the site space for street dining might be beneficial. or a historic building will also influence the form, • Design a space that maximizes access to location or appropriateness of such a space. sunlight throughout the year. • Create a second level space designed to --" - ~ - ensure that it is permanently open to the + i - public and provides interest in the form of a scenic or other interpretive marker for the li fe of its service as a public amenity space. . • Achieve second floor patio space that provides access to affordable commercial mi ti) ..' . 1 . 1, · ,0 13/.th'll uses. The Downtown Enhancement and Pedestrian Plan should serve as an additional reference. AL,,1.' · I ...c .......,99-31 i . 1 Whereopen spacewithin aparcelisappropriate, developan amenity that can be experienced by the general public. page 98 Commercial, Lodging and Historic District ¢.4190 Design Objectives and Guidelines City of Aspen Commercial Core Historic District Public Amenity Space Types .ar~ W * ' 2-1 . I. , , Public amenity space is a requirement in the d ** 14 . . 1$* re - Commercial Core. In this area, particular types - of public amenity space would be in character «1 , Y- with the urban form of the Commercial Core area. i A....,1, These include: ¥ .- --/,1.- ..4 , ... 4 1 • Street facing amenity space • Mid-block walkway amenity space w £ -8 ry,- ~ ~ : • Alley side amenity space ~~; • Second level amenity space . . ..Ilip'".li -r I . ~ · • Front yard amenity space 44 Guidelines for the location and design of each of * ~ + these types follow. Avariety of public amenity spaces exist in Downtown Aspen. In future development it is important to focus on the quality Of the space rather titan the quantity. ..1 4 I -1 4 4£. .......... £ 1,% *-~='7--1 I ./ .- 4 &40; - tii,K . ...4 $ 2 - 2 €:3 J *j: . -7 n The walking mall in Downtown Aspen provides substantial public amenity space for thebuildings located there,and therefore creating breaks in the block faqade within this area to provide more street- facing public amenity space should be carefully considered. Commercial, Lodging and Histonc District jk page 99 Design Objectives and Guidelines Commercial Core Historic District City of Aspen -6 -*, 1.9. - Street Facing Amenity Space ..r - A street facing amenity space, usually located - towards the middle of a block, may be considered. , i ,· However, within the heart of the district, where 2 8 1 G - M m the greatest concentration of historic storefronts r - r- ' - 1 ' l ' align, creating new gaps in the street wall is 1 1 1 11 'i * -= =- 227_ ' '4 discouraged. Providing space on sites that are . n. 4-4-+. *7 2111 , 1 1-f' ' - ~; '' i ' 1 1'-1 1 located intheouteredgesofthedistrict especially . "+1 -i 1-, ... 4 - Ill I i ~ 11*'111Ill along the southern edge is more appropriate. 1 1 Il I I' 4 3 E 11 L-re -Li=til:~ p< 6.6 A street facing amenity space shall meet all of the following requirements: • Abut the public sidewalk Street facing amenity space should abut the public sidewalk, be • Be level with the sidewalk level with the sidewalk, open to the sky, directly accessible to the public and be paved or otherwise landscaped. • Be open to the sky • Be directly accessible to the public · . Be paved or otherwise landscaped 1.t . 4 1 6.7 A street-facing public amenity space shall • p remain subordinate to the line of building \1; fronts in the Commercial Core. e. I • Any public amenity space positioned at the - street edge shall respect the character of the i ·· 0 / .'.*.2 1 streetscape and ensure that street corners are .1 4. well defined, with buildings placed at the .Lt.!,f .. :./... sidewalk edge. • Sunken spaces, which are associated with some past developments, adversely affect the street character. Where feasible, these B:'*.f.'. -F I should be replaced with sidewalk level improvements. 6.8 Street facing amenity space shall contain "- * €i:;V-~"--- 16:tx features to promote and enhanceits use. These may include one or more of the following: Street facing amenity space should contain public art and other • Street furniture amenities to promote its ilse. • Public art • Historical/interpretive marker The detailed design of Public Amenity Space, with regard to guidelines 6.8, will be a matter for approval at the Final Review Stage, although it may be discussed at the Conceptual Stage. page 100 2&2 Commercial, Lodging and Historic District Design Objectives and Guidelines City of Aspen Commercial Core Historic District 1 , Mid-Block Walkway Amenity Space F /¥.1 YA .14 1 / ..1 New buildings on sites occupying more than : -~ *';~g~,~ > f f '4€1%~114 ,-, one traditional lot width may provide a mid- -r-/1 al' 4.41 .,2- -.9(./'.- I block walkway or through court within a single .*44 development or between two developments. 4.1.10,0. 1,<,1...1, '1~/' r~ . - This type of space shall be an extension of and a . 4 complement to the street and public circulation " · , ... I. network within the center of the city See also , 4 ri Street & Alley System design guidelines. 17 - .4 41. 4 The Commercial Core is highly regarded for ' 4 1 its pedestrian character and 'walkability'. The '.--' w 1,r-314 % opportunities created by the extension and , N A < 14 ....14* f : 4: T :.1 *4 . enhancement of the public circulation network I.. 1; , - * -· ' 8.K .4~ ' . -R r has distinct urban benefits and is encouraged. ,- 0 3 '· . Typically only one such space would occur along 41 9296. 11 4 '. a single block face. L . O' 1- 7 0,94 This form of Public Amenity Space should be -. £7~', - 24.~ *' ... .4 ... a consideration on larger development sites r- - · within the city. It links the potential of additional ~1-- ).' ,-,z ..... 40 - .- ...... ..,- commercial frontage and access, with human 1'1 -;, F .,. : .0 scale space and circulation, enriching the L • public experience. Situated along the edge of a development site, it should extend to link with the Amid-block passage may link through a property to provide access rear alley. Adjacent to a residential type historic to itses along the side of a building or to businesses on an alley building it can provide a respectful break and a . 1 ~fir· . / 1 space between the two. , *, . - 1 1 6.9 Mid-block walkways shall remain 2 2 ,.•fri-'427. 2.- · 1 ' subordinate in scale to traditional lot widths. 4.-' V- 1 • Mid-blockpubliewalkways shall be between ~ 8 ft. and 10 ft. in width. .... U ./.- .jil~A #R I \: .1 : 1._- 4=*i - 4»L 22 .- I.~ . g-ff; 1.1 1 14 4.; ... 6.10 A mid-block walkway should provide . 43 ~, \ 1,11 public access to the following: • Additional commercial space and frontage , ..1.--- within the walkway -/. i • Uses located at the rear of the property i- 1-.-I--d/M . EM 'e 4#-:1:0 6.:b ................W ' £ I.. A passageway may be considered as Public Amenity Space when itremains subordinate to thecontinuity oftheblockface. It should be designed to visually appealing und to provide access to active U ses. Commercial, Lodging and Historic District d*21 Design Objectives and Guidelines Commercial Core Historic District City of Aspen »--4 t#91,0- Alley Side Amenity Space 1% P *fic Public amenity space may be located to the rear a space shall provide access to commercial uses -~33»- of the site in association with the alleyway. Such /,& 0 0 - at the street or second floor level. Public amenity 14*5)j4164- space may also be located at the corner of an alley - p-Il - and a street. Such spaces should be designed +27 - C /9 *1 to enhance the use of alleys for supporting , -6- I i, 1 4 commercial uses. 0621 t 4,7 / / 6.11 An alley side amenity space shall be -4 -,<91*-7 3 g designed to have these characteristics: 1 : */ • Direct public access to commercial space at street or second floor levels Public amenity space located at an alley should generally be south . Maximize solar access to the alley side facing to maximize solar access for the space and provide access to amenity space commercial space that may be located there. • Enhance of the attractiveness and use of the rear alley • Minimize the adverse impacts of adjacent service and parking areas page 102 Commerciat Lodging and Historic District r. 9 1 Design Objectives and Guidelines City of Aspen Commercial Core Historic District Second Level Amenity Space An outdoor patio space on a second floor, which is directly accessible to the general public, will V I be considered as a form of public amenity space x1 - . r when it is compatible with the historic context , 1/ 1%.* i U - and is clearly inviting for public use. This will * '2'7, 1 T ; €f be most successful in association with outdoor 1,!tr ! r., r 7 dining space. In this respect it may be favorably 111. considered within sites affected by mountain d 1 i ; U view planes. *9 6.12 Second level amenity space should be Second level space shall be accessible from u public space such as compatible with the character of the historic a sidewalk or street facing amenity space. district. • It shall remain visually subordinate to any _---r . -- 1 historic resource on the property. -*..*---5.- i 3 • If located on a historic property, it may not 1 1 . r,1...:r.)~// 1 alter the appearance of the resource as seen , *I-1 1 1*- -5 .- ··· from the street. „ 1 F File ™"ALL i~* L'~......~~rl h·*C- - 4 '4%49 . 54~''pri r»w k 'r 4:6-4 *'9: 6.13 A second floor amenity space should meet .. , 40 71 K..r I V . I ' Ph<« 1 -1 all of the following criteria: . • Ensure consistent public access • Be dedicated for public use .4 ..K-* • Provide a public overlook and/or an i interpretive marker Outdoor private space shall be demarcated from the public amenity • Be identified by a marker at street level space. 6.14 Second level space should be oriented to - maximize solar access and mountain views, or **~~6€,~ views of historic landmarks. -:!•-Ii/~Fa-- . 4 1 6.15 Second level space should provide public . 1 access by way of a visible and attractive public -1. -4 - stair or elevator from a public street, alley, or , 1463 1- 0- -7 street level amenity space. ... *= - 4 ' 1. ! ' i '1 1 -- --F. 1 - --fic- -- , 4 i - ./1. i i. U. -1-*- ---- 11~11 litittr---- -; -- ~?2 4 19 - - 1 .. €.- .0.-mt-1--t~- =:t:.~.f...rg*>--1-1.4.: Second level ptiblic amenity space shall provide permanent public access Fom the street. Commercial, Lodging and Historic District page 103 Design Objectives and Guidelines Commercial Core Historic District City of Aspen 1,... r, /4 Front Yard Amenity Space 1. - Certain areas within the Commercial Core retain a .., distinct historic residential character. This is often · * < 1*~-: , defined by a landscaped front yard and side yard UF 1% I setback. To maintain and enhance this tradition ' - 2 in certain areas, a landscaped front yard amenity IA...4.1. space may be considered. 0*/*~ 6.16 Second level dining may be considered. ITIF,JiliIi,Mj~ • If the use changes, the space must remain accessible to the public, so long as it is to be considered meeting the public amenity Certain areaswithin the commercial coreareidentifiedwithhistoric space requirement. single story buildings with setbacks. Front yard setback areas may be considered as public amenity space in such an instance. 6.17 Front and side yard amenity space should be considered in the context of a historic one inp. 1 11.. IT"bl story residential type building. ..... 1 0=. • Building Placement Th'Wheeler(~pera Hnili. E.Hyman Ave, Street Corners 111191 ~ IlIE rfF Street corners are important elements in the street block and in the framing of many of the I'll views which characterize the Commercial Core. Many buildings on corner lots exhibit special features that add accents. Corner entrances and Thisfigure ground study illustrates the alignment and amount of storefront windows that extend along intersecting open space along the street edge during the year 1904. street fa,ades are examples. These elements are 1<1/:1.2/Ell< appropriate in many corner lot locations and should be encouraged. Here the buildings should confirm the pattern of a strongly defined building wall at the street edge. Building fa,ades should Thelheele, Operallou, E. Hyman Ave. M#*W be oriented parallel to the street with variation in front wall setbacks kept to a minimum. Any ..0/ m. - and designed public dining space, should occur departure from the street wall, for well defined predominant pattern. as an accent within the street block, not the The same blocks in 1999, Notice how the increased use of open Exceptions for street dining might be considered, space has eroded the building wall along the street. in the outer southern edge of the Commercial Core. These sites often serve as focal points for public activity and therefore sitting areas and other gathering spots are appropriate in the outer edges of the district. page 104 Ek--1 Commercia4 Lodging and Historic District 1 or.9 1 C 1 2.. jr. 1 Design Objectives and Guidelines City of Aspen Commercial Core Historic District Building Setbacks The Commercial Core has a strong and relatively „0£13 · .· consistent street fagade line. Corner buildings, ,<'V '.: often of late 19th/ early 20th century form, anchor the street block in many instances. Within the ,+ -774.-,F.# street fa,ade however there are some departures I ~ , 1 .' . ..' from this where small areas of open space provide 12~1! mi-i- 1 individual street dining experiences. , , :Ft.111~11 4 kE + 2/4:= - "1 3 _Z IO 11 Q / / / Setbacks within the central commercial area 4~pw."4~:.*.w-.**~aicam,51'g _ should reinforce the objective of maintaining .- .....9 ill//<&7TaIIl//--..9 4--1 and enhancing the special urban and traditional . · character of the strong urban edge of the street falade and street corner. Local areas of open space and anchored the corner. This should be continued. Traditionally,commercialbuildingswere built to the sidewalk edge also further the objective of the street vitality created by well defined dining space within the . . city. These should however remain as an accent within the street fa,ade. : 4 „.AL Side setbacks provide the opportunity to create or ' t. 1~~ ; 2 -1 1« 2, 9 enhance public passageways or through courts to .-52 w.· ·t:: .·' the rear alley, with the advantages of improved - 9140' . {14: - 4. public permeability, access and additional i 4.·. 1 0 commercial frontage. See also Street & Circulation 4il. 11 :,. j 44,0.[1 - Pattern design guidelines. Rear setbacks create 14,2 Al the opportunity to achieve more creative and . .k attractive commercial and public space to the rear I i \-2 3 - In tfun, b~d~gs* create a strong edge to the T ~ " 44 ' -Iht· 0 · j 1-1<,~ F * t ,2. 1 4/ rN 4 8 street because they traditionally aligned on the I .4* front lot line and were usually built out to the full Y width of a parcel. Although small gaps do occur , F between some structures, these are exceptions. , j This uniform wall of building fronts is vitally This second floor ratio incorporates an abstract interpretation of important to the historic integrity of the district upper-story winduws and cornice elements to define the space and and should be preserved. maintain the building wati line along the block. Commercial, Lodging and Historic District j>6 Design Objectives and Guidelines 8-U pue 105 Commercial Core Historic District City of Aspen 6.18 Maintain the alignment of faedes at the sidewalk's edge. Place as much of the fagade of the building at the property line as possible. ~· * . .1 ~ Ir. .Wt g. m • Locating an entire building front I - ,/ $40 .r /4& F / behind the established storefront line is ' 2 4 1 inappropriate. , Ai 1 ,/ , /~fl. 1 1, 41 • A minimum of 70% of the front fa,ade shall be at the property line. ..It l. ¥ 4/14 6/ Ad . . + . ~. 1,446/:/ 4?- 2 4 49 J 1' rs P.-7 6.19 A building may be set back from its side : V 24- i · r' 4 B *1~-~i lot lines in accordance with design guidelines /*.f, identified in Street & Circulation Pattern and i Public Amenity Space guidelines. 1 ..' . 41-, i .1,7.1,CA '. 1-* I : ,--- Building Orientation I :i• IGHI~II~IIIII Development within the core area has been i "'t„'12*,~ traditionally oriented with the street grid. This relationship should be maintained. ma,!F /1.,2 6.20 Orient a new building to be parallel to its lot lines, similar to that of traditional building orientations. • The front of a primary structure shall be 1 :' '. · 31,1,3,3£, ,. oriented to the street. Maintain the alignment of Mades at the sidewalk' s edge. 6.21 Orient a primary entrance toward the street. • Buildings should have a clearly defined primary entrance. For most commercial buildings, this should be a recessed entry way. • Do not orient a primary entrance to an interior court. • Providing secondary public entrances to commercial spaces is also encouraged on larger buildings. page 106 Commercial, Lodging and Historic District Design Objectives and Guidelines City of Aspen Commercial Core Historic District Building Form A--~1. 47 1 -~ A prominent uni fying element of the Commercial Core is the similarity of building forms. .*1·91•» Commercial buildings were simple rectangular solids, deeper than they were wide, with flat roofs. ,- ~ ~ ~ ~0- - 1 *141 1-i- lr.J'.11 . In a few instances, gabled roofs, with false fronts, r ... , ./al m ·.a i. I -1 1 may have been seen. This characteristic of flat roof lines is important and should be continued *- 4 - -i zi. h...~ in new projects. -- .. */1 '1 1 0. 6.22 Rectangular forms should be dominant Rectangular forms should be dominant on Commercial Core on Commercial Core fa¢ades. faqades, • Rectangular forms should be vertically - oriented. r--T-- T~5~7 --T --1 • The fagade should appear as predominantly I flat, with any decorative elements and I projecting or setback "articulations" I appearing to be subordinate to the dominant I form. 1 YES! ~ NO! ~/' ~ YES! YES! 14 -_ 6.23 Use flat roof lines as the dominant roof sidewalk form. • A flat roof, or one that gently slopes to the street rear of a site, should be the dominant roof -- form. Orient a building parallel to its lot lines. • Parapets on side fa,ades should step down towards the rear of the building. • False fronts and parapets with horizontal emphasis also may be considered, 6.24 Along a rear fagade, using building forms that step down in scale toward the alley is encouraged. • Considerusingadditiveforms,suchassheds, stairs and decks to reduce the perceived scale. These forms should however, remain subordinate to the primary structure. • Use projecting roofs at the ground floor over entrances, decks and for separate utility structures in order to establish a human scale that invites pedestrian activity. Commerciat Lodging and Historic District Page 107 Design Objectives and Guidelines City of Aspen Commercial Core Historic District «01¢- Building Height, Mass & Scale . . The character of the Commercial Core derives ·'· -* --- : ---2-,2- -* 4 e in part from the range and variety of building heights. These vary from one to three stories. *fllk'tr --- - _,-1 ~pr..." ., . Building height with traditional lot width and . 1 creates a constantly changing cornice profile along a block face. This is the basis of the human scale, *. architectural character and visual vitality of the ©4' i~% / 3.•'0 city center. New development in this area should , continue this variation. With respect to scale, a new building shall also be Maintaining a blockfapide and orienting new development with sensitive to nearby historic building These range the street grid are two key objectives in the Commercial Core from single story historic residential structures to District. three story Victorian commercial buildings. .. 0% ...1-,2.1. :4% r ,- - F ..1 v **11 0 ; >~* Two Story Scale : 0 - 6.25 Maintain the average perceived scale of E.-1-- 21- **4 : i..mi -- -----;-.......7/1 . ' - - two-story buildings at the sidewalk. • Establish a two-story height at the sidewalk edge, orprovideahorizontaldesignelement .ZI ./4/li ~ ~|~' at this level. A change in materials, or a molding at this level are examples. Height Variation Maintain the average perceived scale of two-story buildings at In the Commercial Core area building heights the sidewalk. range from one to three stories. This variation in fagade height is a key characteristic that should be maintained. Variation in height should occur where the site is larger than two traditional lot widths, in order to reduce overall scale of the building. A variation in fa,ade height, often in conjunction with setting back an upper floor, may be required. 6.26 Building fagade height shall be varied from the fa,ade height of adjacent buildings of the same number of stories. • If an adjacent structure is three stories and 38 ft. tall, new infill may be three stories, but must vary in fagade height by a minimum of 2 ft. page 108 Commercial, Lodging and Historic District 9.*'_23 ~ Design Objectives and Guidelines City of Aspen Commercial Core Historic District 6.27 A new building or addition should reflect ~ . . 1.f<.#91'~* 1.¥Pe'........, the range and variation in building height of i T '43 i •r. f 1 /··% the Commercial Core. 1 7 0 q a .,909 0 1 -e/,9//I • Refer to the zone district regulations to ,·· - . determine the maximum height limit on the A ~ 0 m $.,· q>. P.=fl.. subject property. . 1 1 • Aminimum 9ft. floor toceilingheightis tobe maintained on second stories and higher. /4 - t. • Additional height as permitted in the zone 9 district, may be added for oneormoreofthe :-00, ' 4·e· / 4 following reasons: · - - •t · ,--L=--2*,»> In order to achieve at least a two-foot ~...., -1..., variation in height with an adjacent A new building or addition should reflect the range and variation building. in building height of the Commercial Core. - The primary function of the building is civic. (i.e. thebuildingis a Museum, Civic Building, Performance Hall, Fire Station, etc.) 7 7-,71 ./ 1 1 E-- ·- J 4 r - Some portion of the property is affected - -4.2 ...J --- r,fl=1,-:fga, by a height restriction due to its proximity " to a historic resource, or location within 4 3 .* rl-u i 1 14> a View Plane, therefore relief in another r<...E -· rr¢ MI. l. 4 1 area may be appropriate. - To benefit the livability of Affordable Housing units. Methods of achieving height variation within a single building - To make a demonstrable (to be verified by include (A) stepping the building down as it approaches the alley the Building Department) contribution to and (B) stepping the building along the primary faqade. the building's overall energy efficiency, for instance by providing improved day- Existing Building New Building 1 9 1 lighting. 2 1 6.28 Height variation should be achieved using one or more of the following: 42' • Vary the building height for the full depth , :, 38' of the site in accordance with traditional lot width. • Setbacktheupperfloortovarythebuilding fa,ade profile(s) and the roof forms across adjacent buildings of the same number off stories. Building Made height shall be varied from the kade height of the width and the depth of the building. • Vary the falade (or parapet) heights at the front. • Step down the rear of the building towards the alley, in conjunction with other design standards and guidelines. Commerciat Lodging and Historic District E page 109 Design Objectives and Guidelines P ke City of Aspen Commercial Core Historic District -4 Height Variation for Larger Sites . Buildings within the commercial center and .V . --ble=L - -.... 1, historic core of Aspen represent the traditional lot --rri----4. ,A,th widths of the city (30 ft.),either in building width - 'i!. -* -·--- -011% or the horizontal and vertical design articulation 6 '' * : 9 *rff ofthestreet fagade. New developmentoccupying F , a site of more than one traditional lot width -'·llf . i.,9 should be designed to integrate with the scale firch/9 11 created by narrower existing buildings. The architectural rhythm of earlier street fa,ades should also be reflected in new development to retain and enhance the human scale and character n<. of the center of the city. -·./ n'~~ *' ~ - k , 6.29 On sites comprising more than two ' traditional lot widths, the fagade height shall ba'' I 1 E :. ,/ 3..f:.' ·r bevaried toreflecttraditionallotwidth. ' r' • The fa,ade height shall be varied to reflect -1- -f i 4 /~) i traditional lot width. • Height should be varied every 60 ft. 2**:,- 111,0 minimum and preferably every 30 ft. of linear frontage in keeping with traditional lot widths and development patterns. • No more than two consecutive 30 ft. fa,ade Height variation can occur in a number ofloays, depending on site modules may be three stories tall, within an conditions and design intent. individual building. • A rear portion of a third module may rise to three stories, if the front is set back a minimum of 40 feet from the street fagade. (e.g. at a minimum, the front 40 feet may be no more than two stories in height.) 6.30 On sites comprising two or more traditional lots, a building shall be designed to reflect the individual parcels. These methods shall be used: • Variation in height of building modules across the site • Variation in massing achieved through upper floor setbacks, the roofscape form and variation in upper floor heights • Variation in building fagade heights or cornice line page 110 1-41] Commercial, Lodging and Historic District r.;954 Design Objectives and Guidelines City of Aspen Commercial Core Historic District Height Adjacent to Historic Structures The Commercial Core Historic District is the - -- setting for a very diverse range of historic * . structures. Designing a building in the historic i district demands a sensitivity in design analysis >·.. 1 - '. V and approach which is exacting and which will '78.27.4 2 .9- vary with each situation. The intent is that a . 4.14. - 47 new building or addition to an existing building i m should be designed to respect the height and t.1 scale of historic buildings within the commercial 0.4 * 14 t core. . I.·1·" In; Historic One Story / irri '54 · I Commercial Type - :t 6.31 A new building should step down in Building . ».4 2 - scale to respect the height, form and scale of a historic building within its immediate setting. Building kade height shall be a maximum of one floor higher within 30 ft. of an adjacent single story historic building. 6.32 When adjacent to a one or two story i historicbuildingthatwasoriginallyconstructed +4 .~. - - „ for commercial use, a new building within the ~ - same block face should not exceed 28 in height l within 30 ft. of the front fagade. i • In general, a proposed multi-story building 24 - - must demonstrate that it has no negative impact on smaller, historic structures . - . nearby. il. 4. 1-- 1 r • The height and proportions of all fa,ade Mr¢. , *t components must appear to be in scale with , t Historic One Story Residential_...../~ nearby historic buildings. type Building 6.33 New development adjacent to a single New infill adjacent to historic miners cottages shall not exceed story historic building that was originally 28 ft. in height within 30 ft. of the property line adjacent to the constructed for residential use shall not exceed historic structure. 28 ft. in height within 30 ft. of the side property line adjacent to the historic structure, within ; Iconic Historic Structures the same block face. Visually prominent historic structures influence the design character of Downtown 6.34 The setting of iconic historic structures Aspen and should be recognized. These are: should be preserved and enhanced when feasible. • The Wheeler Opera House • On sites comprising more than two • The Elks building traditional lot widths, the third floor of • The Independence building the adjacent lot width should be set back a • Pitkin County Courthouse minimum of 15 ft from the front facade. • Hotel J erorne • Step a building down in height adjacent to • City Hall an iconic structure. • St. Mary's Church • Locate amenity space adjacent to an iconic structure. Commercial, Lodging and Historic District Id~:hi Design Objectives ami Guidelines 22-J page 111 hkbi ¥ 8 Brian West From: Herman Aardsma <herman@mrico.net> Sent: Friday, April 27, 2012 6:47 AM 144.11- To: Brian West Subject: RE: 420 E. Hyman: proposed building plans Brian, I have looked at the site plans and have gone to the site and looked at the alley access. I believe all work fine for a small compactor (3 or 4 yard) which the route driver can pull out to the alley and empty. The largest container, that is not a compactor, would be a 4 yard container on wheels. If a compactor is the choice the owners make, you will need to for 208 3-phase power out to the service area. You may contact me at 309-1101 with any additional questions. Herman Aardsma Director of Operations Mountain Roll-Offs Inc. From: Brian West [mailto:brianw@Cunniffe.coml Sent: Friday, April 20, 2012 5:11 PM To: herman@mrico.net Cc: Janver Derrington Subject: 420 E. Hyman: proposed building plans Herman, On behalf of Janver Derrington in our office, I'm sending to you the proposed building plans for 420 E. Hyman Ave. in Aspen. Included are all four floor plans, site plan, and the alley elevation (sheets A-1, A-2, and A-4) Please review these and drive by the existing building if you need, then reply to us if you believe that the proposed service area behind the proposed building will or will not be sufficient for your access. The City of Aspen requires your sign-off on the service area before they will process the proposed building in their system. Please contact either Janver or me if you have any questions. We look forward to your feedback. Regards, Brian West Brian West I Senior Project Architect Charles Cunniffe Architects 610 East Hyman Avenue Aspen. Colorado 81611 Tel: 970 925.5590 RECE!VED Fax: 970 925.5076 E-~27 2 012 Email: brianw@cunniffe.corn Web: www.cunniffe.com CITY Or AercN COMMUNITY DEVELOPMEN AMERICAN INSTITUTE OF ARCHITECTS CO WEST 2010 FIRM OF THE YEAR ! 1 Fihikil- Acl Sara Adams From: Ashley Cantrell 1-16-Il Sent: Thursday, June 14, 2012 10:55 AM To: Sara Adams Subject: RE: trash/utility referral After reviewing the plans for 420 E Hyman, it is unclear where they propose to place trash and recycling containers. Do you think they plan to use the area adjacent to the parking spaces? I would ask the applicant to detail where a 3-4 trash compactor will fit and where the 4 recycling containers will fit. Although the applicant contacted the waste hauler and received approval for a small compactor, the hauler did not mention space or access to recycling containers. The Environmental Health Department would appreciate more information in orderto fully review the proposal. Ashley (970) 429-1798 From: Sara Adams Sent: Monday, June 11, 2012 11:42 AM To: Ashley Cantrell Subject: trash/utility referral Hi Ashley, Could you take a look at the attached documents and see what you think about the trash utility area? The Land Use Code requires trash/utility/recycle areas on properties that are 30' wide or less to be 15 linear feet with 10' of vertical clearance and 10' deep. The proposal is for a trash area that is 10' wide, 10' vertical clearance and 20' deep. They did not tell me exactly what type of trash/ recycle receptacles they plan to use. I asked them to get some comments from waste management companies to see if the proposed area was feasible (see attached). They need a variance from HPC at the end of the month. What do you think? any chance you could get back to me by Friday or Monday? Thanks! Sara Sara Adams, Senior Planner City of Aspen,130 South Galena Street Aspen, CO 81611 tele. 9701429.2778 fax. 9701920.5439 www.aspenpitkin.com 1 RECEIVED JUL 1 8 2012 Date: April 19, 2012 Project: 420 E Hyman Building CITY OF ASPEN Property Address: 420 E Hyman Avenue, Aspen, CO 81611 COMMUNITY DEVELOPMENT Legal Description: Lot O, Block 88, City and Townsite of Aspen Parcel ED. No. 2737 0733 9801 Project Description: This land use application anticipates the demolition of the existing building. The property is located within the Commercial Core Historic District, but is not a designated landmark. The redevelopment proposal is for a three story mixed-use building above grade, and a full basement. The building will be comprised of commercial space at the basement, first and second levels, two Affordable studio units of 534 sq. ft. and 560 sq. ft. at the second level, an Affordable two bedroom unit of 950 sq. ft. split between the second and third levels, and a 1,876 sq. ft. Free Market split level unit at the second and third levels. The above grade commercial area will be less than the 2.75:1 allowable area of 8,274.75 sq. ft. for this 3,009 sq. ft. lot. Two covered parking spaces and a 10x20 trash utility area are to be provided with alley access. Following is an explanation of how the proposed development complies with the Commercial Core Historic District Conceptual Review Design Guidelines: Commercial Core Historic District Conceptual Review Design Guidelines Street & Alley Systems Street Grid 6.1 Maintain the established town grid in all projects. Response: The existing street and alley around project site will be retained as public circulation space and for maximum public access. The existing street and a//ey around project site will not be enclosed and will remain open to sky. Internal Walkways 6.2 Public walkways and through courts, when appropriate, should be designed to create access to additional commercial space and frontage, within the walkway and/or to the rear of the site. Response: A public walkway is proposed, which utilizes a perpetual access restrictive covenant a/or?g the boundary between this property and Lot N to the west. Please refer to the attached recorded agreement. Alleys 6.3 Develop an alley to create visual interest. Response: No public access or commercial retail space is being proposed at the alley with this application. Parking 6.4 Structured parking should be placed within a 'wrap' of commercial and/or residential uses. 6.5 Structured parking access should not have a negative impact on the character of the street. Response: Structured parking is not being proposed. Public Amenity Space Street Facing Amenity Space 6.6 A street-facing amenity space shall meet all of the following requirements: • Abut the public sidewalk • Be level with the sidewalk • Be open to the sky • Be directly accessible to the public • Be paved or otherwise landscaped 6.7 A street-facing public amenity space shall remain subordinate to the line of the building fronts in the Commercial Core. 6.8 Street facing amenity space shall contain features to promote and enhance its use. Response. The pub/ic amenity space is proposed to be provided off-site per Parks Department approval. Mid-block Walkway Amenity Space 6.9 Mid-block walkways shall remain subordinate in scale to traditional lot widths. • Mid-block public walkways shall be between 8 ft. and 10 ft. in width. 6.10 A mid-block walkway should provide public access to the following: • Additional commercial space and frontage within the walkway • Uses located at the rear of the property Response: The existing mid-b/ock wa/kway wi// be subordinate in sca/e to traditional lot widths. it wi// be 10 ft. in width and provide access to commercial space and frontage within the walkway. No uses requiring public access are proposed at the rear of the property. Alley Side Amenity Space 6.11 An alley side amenity space shall be designed to have these characteristics: • Direct public access to comrnercial space at street or second floor levels • Maximize solar access to the alley side amenity space • Enhance of the attractiveness and use of the rear alley • Minimize the adverse impacts of adjacent service and parking areas Response: No direct pub/ic access to commercia/ space is being proposed at the a/ley. The alley access being provided is for deliveries to the retail shops, and for required egress. Second Level Amenity Space 6.12 Second level amenity space should be compatible with the character of the historic district. 6.13 A second floor amenity space should meet all of the following criteria: • Ensure consistent public access • Be dedicated for public use • Provide a public overlook and/or an interpretive marker • Be identified by a marker at street level 6.14 Second level space should be oriented to maximize solar access and mountain views or views of historic landmarks. 6©15 Second level space should provide public access by way of a visible and attractive public stair or elevator from a public street alley, or street level amenity space. Response: No second /eve/ amenity space is proposed. Front Yard Amenity Space 6.16 Second level dining may be considered. 6.17 Front and side yard amenity space should be considered in the context of a historic one story residential type building. Response: No second /eve/ dining is being proposed. There is no historic one story residential type building on this property. Building Placement Building Setbacks 6.18 Maintain the alignment of facades at the sidewalk's edge. 6.19 A building may be set back from its side lot lines in accordance with design guidelines identified in Street & Circulation Pattern and Public Amenity Space guidelines. Response: The proposed bui/ding street facade wi// be aligned at the sidewalk's edge with the adjacent bui/ding. Side setbacks are not being proposed. Building Orientation 6.20 Orient a new building to be parallel to its lot lines, similar to that of traditional building orientations. 6.21 Orient a primary entrance toward the street. Response: The proposed bui/ding is parallel to the lot lines. A primary entrance to one of the retail spaces is oriented toward the street. Building Form 6.22 Rectangular forms should be dominant on Commercial Core facades. 6.23 Use flat roof lines as the dominant roof form. 6.24 Along a rear fagade, using building forms that step down in scale toward the alley is encouraged. Response: The proposed bui/ding form is rectangular with flat roof lines. The third story element is stepped back from the a//ey facade of the second story. Building Height, Mass & Scale Two Story Single 6.25 Maintain the average perceived scale of two-story buildings at the sidewalk. Response: The third story element is stepped back from the second story street facade, which will be 28 ft. high at the top of the parapet. Height Variation 6.26 Building fagade height shall be varied from the tagade height of adjacent buildings of the same number of stories. 6.27 A new building or addition should reflect the range and variation in building height of the Commercial Core. 6,28 Height variation should be achieved using one or more of the following: • Vary the building height for the full depth of the site in accordance with traditional lot width. • Set back the upper floor to vary the building fagade profile(s) and the roof forms across the width and the depth of the building. • Vary the favade (or parapet) heights at the front. • Step down the rear of the building towards the alley, in conjunction with other design standards and guidelines. Response: The top of the street facade will be 2 ft. higher than the wall of the bui/ding to the east and significant/y higher than the building to the west. which is separated by the pub/ic walkway amenity. Height Variation for Larger Sites 6.29 On sites comprising more than two traditional lot widths, the fagade height shall be varied to reflect traditional lot width. 6.30 On sites comprising two or more traditional lots, a building shall be designed to reflect the individual parcels. These methods shall be used: • Variation in height of building modules across the site • Variation in massing achieved through upper floor setbacks, the roof scape form and variation in upper floor heights • Variation in building fagade heights or cornice line Response: This is not app/icab/e to this sing/e traditiona/ /ot width. Height Adjacent to Historic Structures 6.31 A new building should step down in scale to respect the heights, form and scale of a historic building within its immediate setting. 6.32 When adjacent to a one or two story historic building that was originally constructed for commercial use, a new building within the same block face should not exceed 28 in height within 30 ft. of the front fagade. 6.33 New development adjacent to a single story historic building that was originally constructed for residential use shall not exceed 28 ft. in height within 30 ft. of the side property line adjacent to the historic structure, within the same block face. 6.34 The setting of iconic historic structures should be preserved and enhanced when feasible. Response: These guidelines are not app/icab/e to this proposa/. There are no historic structures near this property. Following is an explanation of how the proposed development complies with the review standards relevant to the development application: Sec. 26.304 Common Development Review Procedures Sec. 26.304.010 General. Generally, all proposed development shall be subject to the following six (6) step approval process. (1) A pre-application conference between the applicant and a staff member of the Community Development Department; (2) Submission of the development application and fees by the applicant; (3) Determination ot completeness and review of the development application by the Comrnunity Development Director; (4) Review of the development application by the relevant decision-making body; (5) Receipt of a development order or certificate of zoning compliance; and (6) Receipt of a building permil. Response: Steps C 1) and (2) are addressed with this application. Sec.26.304.030.D, Consolidation of Applications, and Sec.26.304.060.3.1., Modjfication of Review Procedures, Combined Reviews, have been addressed in the Pre-Application Conference Summary. This app/ication wi// be reviewed by the HPC concurrently for Commercial Design Review and Major Development within the Commercia/ Core Historic District. Steps (3) through (6) will be addressed in due course. Sec. 26.412 Commercial Design Review 26.412.060 Commercial Design Standards A. Public Amenity Space. Response: This is addressed under Sec. 26.575.030 B. Utility, Delivery and Trash Service Provision Response: This is addressed under Sec. 26.575.060 Sec. 26.412.070 Suggested Design Elements A. Signage. Signage should be integrated with the building to the extent possible. Integrated signage areas already meeting the City's requirements for size, etc. may minimize new tenant signage compliance issues. Common tenant listing areas also serves a public way finding function especially for office uses. Signs should not block design details of the building on which they are placed. Compliance with the City's sign code is mandatory. Response: The signage wi// be integrated with the bui/ding facade treatrnent and be a complimentary element of the overall design. Specific tenant names have not been determined at the time of this application and will be addressed more specifica//y at final review, in compliance with the City Sign Code B. Display windows. Display windows provide pedestrian interest and can contribute to the success of the retail space. Providing windows that reveal inside activity of the store can provide this pedestrian interest. Response: Disp/ay windows are an integra/ e/ement of the street facade treatment jn the design of this building. Please refer to the bui/ding e/eva#ons included in this application. C. Lighting. Well-lit (meaning quality, nol quantity) display windows along the first floor create pedestrian interest after business hours. Dynamic lighting methods designed to catch attention can cheapen the quality of the downtown retail environment. Illuminating certain important building elements can provide an interesting effect. Significant light trespass should be avoided, Illuminating the entire building should be avoided. Compliance with the City's Outdoor Lighting code, Section 26.575.050, is mandatory. Response: The Applicant understands the importance of /ighting in the Commercial Core and intends to have a tastefully we//-/it bui/ding. Locations of lighting fixtures and specific /ight fixture models will be presented at final review in compliance with the City Outdoor Lighting code. Sec. 26.415.070®D Certificate of appropriateness for major development 1. The review and decision on the issuance of a certificate of appropriateness for major development shall begin with a determination by the Community Development Director that the proposed project constitutes a major development. A major development includes one or more of the following activities: a. The construction of a new structure within a historic district; Response: This property is within the Commercial Core Historic District. The app/ication contains all of the documentation required for conceptua/ p/an review. Sec. 26.415.080 Demolition of designated historic properties. A. Procedures for considering requests for demolition of designated properties. 4. The HPC shall review the application, the staff report and hear evidence presented by the property owners, parties of interest and members of the general public to determine if the standards for demolition approval have been met. Demolition shall be approved if it is demonstrated that the application meets any one of the following criteria: d. No documentation exists to support or demonstrate that the property has historic, architectural, archaeological, engineering or cultural significance and Additionally, for approval to demolish, all of the following criteria must be met: a. The structure does not contribute to the significance of the parcel or historic district in which it is located and b. The loss of the building, structure or object would not adversely affect the integrity of the historic district or its historic, architectural or aesthetic relationship to adjacent designated properties and c. Demolition of the structure will be inconsequential to the historic preservations needs of the area. Response: This bui/ding is not a designated historic /andmark and a// of the above criteria for HPC approval of demo/ition have been met. Sec. 26.435.060 Mountain View Plane Review 4. Courthouse View Plane. There are hereby established two (2) view planes originating from the sidewalk on the northerly side of Main Street, easterly of Galena Street above which planes no land use or building shall project. Response: This proposed bui/ding wi// not project above either view p/ana Please refer to the attached survey. Sec. 26.470.040.6 Growth Management - Exempt Development 6. Remodeling or replacement of existing commercial or lodge development. Remodeling or replacement after demolition of existing commercial or hotel/lodge buildings and portions thereof shall be exempt from the provisions of the growth management, provided that no additional net leasable square footage or lodge units are created and there is no change-in- use. If redevelopment involves an expansion of net leasable square footage or lodge units, only the replacement of existing development shall be exempt. Existing, prior to demolition, net leasable square footage and lodge units shall be documented by the City of Aspen Zoning Officer prior to demolition. Response: The existing commercial net /easable space is 3,610 sq. ft. The proposed commercia/ net /easab/e space is 4,588 sq. ft., for an increase of 978 sq. ft. Sec. 26.470.100 Calculations A. Employee generation and mitigation. Whenever employee housing or cash-in-lieu is required to mitigate for employees generated by a commercial or lodging development, there shall be an analysis and credit for employee generation of the existing project, prior to redevelopment, and an employee generation analysis of the proposed development. the employee mitigation requirement shall be based upon the incremental employee generation difference between the existing development and the proposed development. 1. Employee generation For commercial net leasable space within basement or upper floors, the rates for calculation of employee generation shall be reduced by 25%2 Existing Proposed Basement net leasable floor area: 1,739 sq. ft. 2,334 sq. ft. Upper Level net leasable floor area: 311 sa. ft. 510 sa. ft. 2,050 sq. ft. 2,844 sq. ft. (4.1) employees per 1,000 sq. ft. net leasable) 794 sq. ft. increase: .794 x 4.1 x .75 = 2.44 employees Existing Proposed Main Level net leasable floor area: 1,560 sq. ft. 1,744 sq. ft. 184 sq. ft. increase: 0.184 x 4.1 = .75 employees 2. Employees housed The total number of employees to be housed is 3.19 Required housing of 60% of employees = 1.914 The proposed 2 bedroom AHU will house 2.25 employees. The two proposed studio AHU units will house 1.25 employees each, or 2.5 total. Affordable housing provided on site = 4.75 total employees. Sec.26.480 Subdivision 26.480.090 Condominiumization A. General. Where a proposed development is to include a condominium form of ownership, or if an existing development is to be converted to a condominium form of ownership, in whole or in part, a condominium subdivision plat reflecting all condominiumized units, or that portion of the development to be condominiumized, shall be submitted to the Community Development Director for review and approval as a subdivision pursuant to the terms and provisions of this section. Response: No determination has been made at this time as to the form of Ownership for this redevelopment. Sec. 26.515 Off-street Parking C. Off-street parking calculation. All requirements for off-street parking for residential dwellings and lodges shall be calculated based on the number of units. Requirements for off-street parking for commercial uses shall be calculated based on the net leasable area of the structure or use. Sec.26.515.030 Required Number of Off-Street Parking Spaces in the Aspen Infill Area, CC Zone District Commercial: 0 space per 1,000 sq. ft. new net leasable) 978 sq. ft./1,000 sq. ft. = .978 spaces Residential/Multi-Family within a mixed use building: (No requirement in the CC Zone District) Two (2) off-street parking spaces are provided at the alley in this application. One ( 1) off-street parking space already exists at the alley. An existing deficit of parking may be maintained when a property is redeveloped. Sec.26.575.202 Calculations and Measurements. The purpose of this section is to set forth regulations which relate to methods of calculation and rneasuring certain enumerated iterns as used in this Title. Response: The ca/cu/ation methods have been used for the Land Use App/ication Dimensional Requirements Form that is a part of this app/ication. Sec.26.575.030 Public Amenity B. Applicability and requirement. Twenty-five percent (25%) of each parcel within the applicable area shall be provided as public arnenity. For redevelopment of parcels on which less than this twenty-five percent (25%) currently exists, the existing (prior to redevelopment) percentage shall be the effective requirement, provided that no less than ten percent (10%) is required. Response: No public amenity currently exists on this property. The public walkway amenity described in CC Historic District Conceptual Review Guidelines, /nternal Wa/kways 6.2, is in a perpetua/ access restrictive covenant agreement with the Owner of adjacent Lot N to the west. /t is approximate/y 700 sq. ft., which complies with the minimum 10% requirement. Please refer to the attached recorded agreement. Sec. 26.575.060 Utility/trash/recycle service areas A. General. The following provisions shall apply to all utility/trash/recycle service areas: 1. If the property adjoins an alley,0,ay, the utility/trash/recycle service area shall be along and accessed from the alleyway. Unless entirely located on an alleyway, all the utility/trash/recycle service areas shall be fenced so as not to be visible form the street, and such fences shall be six (6) feet high from grade. All fences shall be of sound construction and shall be no less than ninety percent (90%) opaque. 2. Whenever this Title shall require that a the utility/trash/recycle service area be provide abutting an alley, buildings may extend to the rear property line or otherwise allowed by this Title, provided that an open area is provided which shall be accessible to the alley and which meets the dimensional requirements of this Section. 3. A minimum of twenty (20) linear feet of the utility/trash/recycle service area shall be reserved for box storage, utility transformers or equipment, building access and trash and recycling facilities. For properties with thirty (30) feet or less of alley frontage, this requirement shall be fifteen (15) linear feet. For properties with no alley access, no requirement shall apply. The required area shall have a minimum vertical clearance of . ten (10) feet and a minimum depth of ten (10) feet at ground level. The required area shall not be used for required parking or as vehicular access to a parking area. Response: The property is entirely located adjacent to an alleyway. Applicant is planning for a utility/trash/recycle service area along the alley that meets the dimensional requirements of 20' x 10' x 10'. Please refer to the bui/ding site//andscape/parking plan included with this app/ication. Sec.26.610 Impact Fees 26.610.020 Applicability Unless expressly exempted, the Park Development Impact Fee and the Transportation Demand Management (TDM) Air Quality Impact Fee shall be assessed upon all development within the City of Aspen which contains new residential units or net leasable space. Response: These fees will be paid by the applicant at the appropriate time upon notification by the City of Aspen as to the correct amounts. Sec.26.620.020 School Land Dedication 26.620.020 Applicability Unless expressly exempted, the School Land Dedication standard shall be assessed upon all development within the City of Aspen which contains residential units. Response: A cash-in-/ieu payment will be made by the applicant to the City of Aspen upon notification of the correct amount. Sec. 26.710.140 Commercial Core (CC) Zone District B. Permitted uses. The following uses are perrnitted as of right in the Commercial Core (CC) Zone District: 1. Uses allowed in basement floors: Retail and restaurant uses, office uses, uses and building elements necessary and incidental to uses on other floors. 2. Uses allowed on the ground floor: Retail and restaurant uses and uses and building elements necessary and incidental to uses on other floors. Office uses are prohibited on the ground floor except within spaces set back a minimum of forty (40) feet from a street and recessed behind the front-most street-facing fagade. This prohibition shall not apply to split-level buildings. Parking shall not be allowed as the sole use of the ground floor. 3. Uses allowed on upper floors: Retail and restaurant uses, office uses, lodging, timeshare lodge, affordable multi-family housing, free-market multi-family housing and home occupations. 4, Uses allowed on all building levels: Retail and restaurant uses, office uses, neighborhood commercial uses, service uses, arts, cultural and civic uses, public uses, recreational uses, academic uses, child care c enter, accessory uses and structures, storage accessory to a permitted use, uses and building elements necessary and incidental to uses on other floors, including parking accessory to a permitted use, and farmers' market, provided that a vending agreement is obtained pursuant to Section 15.04.350(B) Response: The basement. main level and part of the second /evel wi// be commercia/ retai/ use. Part of the second /eve/ wi// be Affordable Housing and Free Market residen#a/ use. The third level will be Affordable Housing and Free Market residential use. , D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Commercial Core (CC) Zone District: 8. Maximum height (feet): 28 feet for two-story elements of a building. 38 feet for three-story elements of a building, which may be increased to 42 feet through commercial design review. Response: The proposed two story element is 28 feet high at the top of the parapet at the Hyman Avenue facade. The proposed three story element is 40 ft. at the top of the flat roof. It is stepped back from the two story facade at both Hyrnan Avenue and the alley. Please refer to the attached Moor p/ans and e/evations. 11. Floor area ratio (FAR): The following FAR schedule applied to uses curnulatively up to a total maximum FAR of 2.75:1. Achieving the maximum floor area ratio is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the maximum FAR is not an entitlernent and is not achievable in all situations. a. Commercial uses: 2:1 c. Affordable Multi-Family Housing: No limitation e. Free-Market Multi-Family Housing: .5:1, which may be increased to 0.75:1 if affordable housing equal to one hundred percent (100%) of the free-market residential floor area is developed on the sarne parcel. Response: The proposed FAR floorarea for this redeve/opmentis 7,151 sq. ft., which is we// within the allowable maximum of 8,274.75 sq. ft. for the tota/ lot area of 3,009 sq. ft. The proposed free-market housing FAR for this development is 2,144 sq. ft., which is within the a//owab/e maximum of 2.256.75 sq. ft. due to, at least, a matching FAR of affordab/e housing in the same building. The proposed affordab/e housing FAR is 2,285 sq. ft. which exceeds the free- market housing FAR and also has no /imit on deve/opment. The proposed design for this application will meet the requirements of the International Building Code, 2009 Edition, as adopted by the City of Aspen with amendments; the Federal Fair Housing Act and CRS 9.5.112. Specifically, an elevator is provided for access to the second floor and a handicap accessible toilet room is provided for each tenant space. Please advise the Applicant if any further information or documentation is needed for this conceptual review. Sincerely, Charles L. Cunniffe, AIA Principal 30'-0" 1 1 30'-0" 0 1 1 / L 1 1 1 1 ALLEY PROPERTY LINE CM \ J \ \ 3 / MECHANICAL f XFMRj / PARKING L__d PARKING 1 8.5x18 PARKING 277 SF 9x20 PARKING 1 8.5x18 SERVICE 9x20 SERVICE 1 11 x20 10x20 ~ RECEIVED 4 *H - , DECK / JUL ~8 2012 1-9 1 111 11 f- i ./ ciTY c~M ASPEN Ill]~ '1 1 - I LI 1 15 = STAIRE H / COMMUNITYEMLOPMENT 1 11 -- 1 4--- 11 / J 11 £1 zIT 11 11 3 C CL 1 11 / 1 BASEMENT LEVEL 1 1 COMMERCIAL x ~~ ~ 2057 SF 11 / 33 11 / MAIN LEVEL 11 ADJACENT / EW--1- -1 ADJACENT NON-UNIT 3571- =-11=- 31- = 19\~~~~ / £ 1.-'IrE - 7-]r -11== == f BUILDING BUILDING / CE 38 SF Ill_ 1, 1 Al.- _14_ 1 1 LU J 1-0.(1LJ up_ DN / DN UP / I / MAIN 1129 ---- 1 T - COMMERCIAL ---- - 1 dAYPWA va,;4 1744 SF ------ ~' 1 7 wl ov~Ah Ms LL 1 . - -&1-~-1Zf4l 1 \\ \ PROPERTY LINE SIDE WALK HYMAN AVENUE Ch MALL / MAIN LEVEL rh BASEMENT LEVEL r) SITE/ LANDSCAPE / PARKING PLAN 1 2/ 1/16" = 1'-0" C~ 1 /16" 6 1'-0" L./ 1/16" = 1'-0" SUMMARY: NET LEASABLE AREAS COMMERCIAL BASEMENT = 2,334 S.F. = EXEMPT MAIN LEVEL = 1,744 S. F. PROPOSED FLOOR PLANS ~ SECOND LEVEL := 510 S.F. = 2,254 TOTAL SF P.N. T.N. AHU SECOND LEVEL = 1,172 SF THIRD LEVEL = =· 872 SF = 2,044 TOTAL SF FREE MARKET SECOND LEVEL = 578 S.F. THIRD LEVEL = 1,217 S.F = 1,795 TOTAL SF OhIV 3=I=IINNAO 93lk:IMHO NVINAH 3 0ZV U100'0#!UUI10'MMAA LSSP0Z6'046 :ml I 0699 916 0/6 :131 5 6&968 00 'NadSV I'BAV NVINAH 1993 0J9 „0-,00 L „0-,00 L .0-,00 L 00¥20100 'N3dSV NVINAH 3 0Zf ' I 30'-0" 30'-0" -It I L_ 1 1 1 1 1 1 1 1 \ CM - RES. ROOFTOF L AHU - STUDIO #1 MECH AREA 2BEDROOM-AHU 560 SF NET LEASABLE 11 12 4- 872 SF Ul...1.======= th. ----------- DN ···1 ~ lili AHU-2 BEROOM ~11=e=: LI-1 u NET LEASABLE 78 SF AHU - STUDIO #2 i 533 SF 37 2ND DECK A 219 SF >- - SECOND LEVEL 5 _ COMMERICAL 0 - '47 r L 2 1 510 SF 2ND COMMON U..1 I ~-7 LIJ_ 2-1 38 SF [1 FREE MARKET NET LEASABLE . UP 1217 SF - -- fium- n ~ EE«-1_,713 • FREE MARKET 2ND DECK B - NET LEASABLE 3RD DECK A k • 104 SF DECK. 578 SF C\1 216 SF - Z < < i 111 11 1 111 11 1 \\ \\ -1 1 -T li© TE 0, I LU 0 ed rh ROOF PLAN rh THIRD LEVEL rn SECOND LEVEL 3 , 1 ; L) 1 /16"=1'-0" ~/ 1/16" = 1'-0" - 1/16" = i '-0" PROPOSED FLOOR PLANS (61 P.N. T.N. A2 91031IHOBV 3=I=IINNAO S31hIVHO NVINAH -3 03* WOO'a#!UUnO'MAAM L99*'026'016 XV= I 0699'916'0Z6 :131 I &&9LB 00'N3dSV 1'3AV NVWAH 1993 019 100'-0" „0-,00 L .0-,00 L 00 100'N3dSV U /3 T.O. ROOF 140'-0" T.O. PARAPET 1 1 1 128'-0" _J -.J -1-- 1 ~ J.O.S. THIRD LEVEL -4~- 127'-0" i 11 1 .91&'1= 1 1 1 1 -- 1 1- 1 / i T.Q.S. SECOND LEVEL 4 - 115'-6" i . 4 -. 1---- 1 1 1 1 i - Z i < 11 Z < / 1--00-- ~ ~~ ' 50 1 : T.O.S. MAIN_LEVEL ~ ~ . v >---1 100'-0" IO 0 LU LU o € al LU O XI- Q_ r-1 WEST ELEVATION N (0 <C 1-=f C-j 1/8"= 1'-0" PROPOSED ELEVATION A3 91031IHOBV 3=I=IINNAO S3-lk:IVHO WOO.0#!UUnyMMAA LSH'0Z6'0L6 :XY:1 10699'9160Z6 ·131 1 1&968 OO'N3dSV I'3AV NVINAH 1993 ~9 ODVEI C' CM T.O. ROOF _ T.O. ROOF 1 140'-0" - 140'-0" ~ 1, 1 L ¥.==„Z- .1,1,1............ ......... ..... 1 T.O. PARAPET T.O. PARAPET 128'-0" ~ ~ ,/ 128'-0" T.O.S. THIRD LEVEL T.O.S. THIRD LEVEL - - «011 1[-1 1 - 1 - 127'-0" 1 1 : T.O.S. SECOND LEVEL T.O.S. SECOND LEVEL I $ 115'-6" i 115'-6" 1-zi'§44 4*.Valia.FIC:-,1 / i 111 2 < C . Aip ,1 Z < _T.O.8. MAIN LEVEL L - T.O.S. MA]N LEVEL__1- <0 100'-0" . . 1 -2 , 100'-0" 7 SC ALLEY HYMAN AVE. MALL 2 4 LLi rh NORTH ELEVATION C-) SOUTH ELEVATION O -/ 1/8"= 1'-0" 1/ 1/8"= 1'-0" N #2, .1, =r PROPOSED ELEVATION A4 91031IHONV 3:I=IINNAO S3-lhIVHO LSS¥-026'OLS :XV:1 I0699'SZ6'026 :131 I ~918 00 'N3dSV 1'3AV NVWAH 1973 0 19 WOO'@#!UU110'MAAM AH '3 0Et IN JU J V 1 1 3036 11 111 -11 ~ l il i 111 Ill 111 lilli i 11 -11 Page: 1 of 7 05/20/2003 03:25F SILVIA DFF,S PI-K N CULNTY CO 7 36.00 0 0.00 C~ 22 ZW LU N LUE ~241 - Ck. 53 AGREEMENT -,P N UD LU rtrt <=> < m &461 91 U. 0 AGREEMENT made this 23rd day of June, 1976, between 0 96 0 E Walter Birk, Frank J. Woods, III, Walter F. Hampel, Jr., 111 2 fo OB Larry Ferguson, and Loma Alto Corporation, a Texas corporation, 0 on the one hand (hereinafter collectively sometimes referred to as "party of the first part"), of Aspen, Colorado, and William R. Dunaway, Albert Kern and George Vicenzi on the other hand (hereinafter collectively referred to as "party of the second part"> also of Aspen, Colorado. WHEREAS, Walter Blrk and Frank J. Woode, III, lease the following described property from Walter F. Hampel, Jr., Larry Ferguson, and Loma Alto Corporation: Lots M and N, Block 88, City and 1-1-0 Townsite of Aspen, Colorado, and WHEREAS, party of the second part owns the following described property, to wit: Lot O, Block 88, City and ~|~ Townsite of Aspen, Colorado, and WHEREAS, the parties hereto wish to resolve by agreement certain problems which have arisen concerning the application of previously recorded restrictive covenants to the following de- scribed land preserving a ten foot (10') strip for open space, to wit: The Eaet ten feet (10:) of Lot N. Block 88, City and Townsite of Aspen, Colorado. NOW, THEREFORE, in consideration of the mutual promises ~ hereinafter set forth the party of the first part and the party of the second part hereby agree as follows: 1. The party of the second part shall waive for them- selves, their heirs, persoral representatives, successors and assigns forever any rights they may have, if any, under any covenants affecting the East ten feet {10*) of Lot N, Block 88, a . 17Kth l '0\1 MA bl £*Uff 4*2*4*1~U 4830 11111111111 ill 11 Il 1111 ill lilli il 1111 05/20/2003 03:25P Page; 2 0, 7 5 LVIA DAVIS FI-KIN COLA-Y CO R 35.00 D 0.00 to the extent that such covenants affect the following described improvements: (1} the building extension presently planned delineated by cross hatching in red on Exhibit A hereto - the building shall not exceed four feet (4') in height above the present grade and the rail ing and planter box shall not exceed four feet (4') above the height of the building extennion, (2} any fences required by the City of Aspen regulations to allow use of the area delineated by cross hatching in black for purposes of restaurant or an art gallery or any other lawful purpose, appravoi in 6-1.ILI...9 Li Lha-party of U.u .0. -0%11 n-' and ( 3} any showcase# or any other form of advertising or dj.splay ,·*/ on the building located on the property of the party of the first: ,11 Arn/. part, provided, however, that such display shall not prot[Ude 1// 30' from the building more than twelve inches (12"). The restrictive covenants which are the subject of this agreement shall remain in full force and effect except as modified herein. 2. The party of the first part agrees to grant to the 11 party of the second part,·their heirs, personal representatives, successors or assigns, and their agents, tenants, servants, visitors, invitees, and licensees full and free non-exclusive, perpetual access over the property owned or leased by them by ~~ way of the access delineated by blue cross hatching on Exhibit A hereto and upon which no improvements exist or ara contemplated under this agreement. 3. In consideration for granting such perpetual access, the party of the second part agrees to waive any and all claims they may have to an award under a condemnation action presently pending initiated by the City of Aspen concerning the northerly -7.0' of the eastarly 10.0' of..Lot N, Block 88, and only its rights in that specific action and to that specific property and not to any future rights in condemnation which the party of the second part may have. Upon the signing of this agreement -2- - 48303€ .. lill i I mil lil i 111111 lili lili lili Page: 3 of , 05/20/2003 03:25F SILKIA LF.VIS PITBIV _.JRT¥ CO R 36.00 D 0.00 the party of the second part agrees to execute any documents necessary to release all of their rights to any award arising out of that action. 4. The party of the first part agrees to not allow any activity which constitutes a public nuisance on the East ten feet (10') of Lot N, Block 88. 5. The parties will assume and agree to share equally the cost of brick paving and concreting the entire area from the building' on Lots M and N to the building on Lot 9, Block 88. 6. The party of the first part agrees that the party of the second part shall have the right and privilege at their sole cost, risk and expense, to extend the stairway wholly contained within the red cross hatching on Exhibit A hereto to their property, together with easement for ingress and egress. The party of the second part agrees to cause said extension to be constructed and extended at such time and in such manner and at such place 80 as not to delay or interfere with the operation of the party of the second part's leased property hereunder. Further, the party of the second part shall jointly and severally indemnity and hold harmless the party of the first part, their heirs, personal representatives, successors or assigns, of and from any loss arising from such extension or interference with their business on the premises, which arises out of the construction, maintenance, operation or repair of said stairway extension- 7. This agreement shall inure to the benefit of and be binding upon the parties and their heirs, personal representa- tives, successors or assigns. 8. If any party to this agreement is required to enforce any provision hereof in court, the prevailing party shall be entitled to reasonable attorneys fees relative to Buch action for enforcement. 9. Thin agreementmay be signed in counterparts and together all counterparts shall constitute one agreement. -3- 11111,1111'll'.1'111111~ 11~111~ 111 05/20/2003 03:25; 48302 Pag•: 4 of 7 ' SILVIA DAVIS PITKIN C' -1.-Y CO R 36.00 D 0.00 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this-~,~ay of June, 1976, PARTY OF THE FIRST PART: 4»1»0 .-. C/.jtodd 00+Ty- Frank J.~bods, III / 33%+U-- it<Avrn.~4 ~ *2:3.-9¢0uson LOMI~*t~TO O OR~;ON- h pel J'U<(A/ duck PARTY OF THE SECOND PART: U /404£1¥\ R '/L«46lhdt-1 wil~m R. D,fhawa~0~» ~ l DA j A d~-27-1_ Al~rt Kern 1--L»3# kf<L//1/w:iA - Ge€rge Udenzi J DUVIKEL-p joipt venturb/' 1 1 ath 0.- Albert Kern - < --- STATE OF COLORADO ) ) SS. County of Pitkin ) W The foregoing instrument was acknowledged before me thie c~,5 day of June, 1976, by Walter Birk. Witness my hand and official seal. My commission expi€es: Z~~~~3&45- f /9.77 ·Not~y Public #// ) -44 1 illilim-aplutillmillimirimil.- 05/20/2003 03:25F ~~~ 483036 Page: 5 of 7 STATE oF COLORADO ) SILV. A DAVIS PITE-N COLIN-Y CO R 36.00 D 0.00 3 £IS. County of Pitkin 1 The forege,ing instrument was acknowledged before me this c21-3 day of hket.U, 1976, by Frank J. Woods. Witness ~ hand and official seal. My commission expires:~il-e--3,/'97 7,7, 1 .N j --3..,r <-**ZZZX«.0/ 74660 No tlary Public / STATE OF COLORADO ) 1 as. County of Pitkin ) The foregoing instrument was acknowledged before me this 12th day of JUly , 1976, by Walter F. Hampel, Jr. Witness my hand and official seal. My commission expires: August 20, 1978. 9 Gtf -t-,44-/ Notary Pdblia , 1. STATE OF COLORADO ) 1 SS• County of Pitkin 1 The foregoing instrument was acknowledged before me this 12th day of July , 1976, by Larry Ferguson. Witness my hand and official seal. My commission expires: August 20, 1978. L{3 6-i¢14. t--+ Notary Public , , STATE OF COLORADO ) ) SS- County of pitkin ) The foregoing instrument was acknowledged before me this 12th day of JulY , 1976, by LARRY FERGUSON , aa PrEIWent of Loma Alto Corporation. Witness my hand and official seal. My commission expires: August 20, 1978. 91.» 47 Notary Pu01-ic -5- 1 483036 STATE OF COLORADO } 111 --111'111-~ 111~11 ~111111111111 Page: 6 of 7 05/20/2003 03:25P 3 as. SILUA [AVIS PITKIN C.UNT'r CO R 36.00 0 0.00 County of Pitkin ) ¤2% ay off.J73,(2..+, 1976, by William R. Dunaway. Th»-foregoing instrument was acknowledged before me this Wi~Ass my hand and official seal. My commission expires~~~~3 4&47-1,/977 - -/ 1/ 1 ····><Gro e el }£1£62-2- .A~tary PubI fa j STATE OF COLORADO ) ) SS. County of Pitkin ) r·q~ The foregoing instrument was acknowbdged before me this 425 day orD-2.,U-·- , 1976, by Albert Kern. Nitness my hand and official seal. My commiss ion expires :.~)e 14 Z.u-~ /9 77 \J hly :Aull_LRJ)~u-£-1.il, Noiary Public STATE OF COLORADO ) > SE. County of Pitkin ) The foregoing instrument was acknowledged before me thia /31 day of 7--41 , 1976, by George Vicenzi. Witness mir hand and official seal. My commission expires: 3·-f-4.-11,917 Notary Public( STATE OF COLORADO ) ) SS. County of Pitkin ) forefAing instrument was acknowledged before me of NUd,UL_r 1976, by Albert Kern, as £52_ 9*,Wav<- f Du#ke, a joint venture. J J' Witness my hand and officital seal. My commission expires.~)24.fet- ~ /*79 A . c ., 1 -4 61 $/it <pt-«39 56 2 j -6- U . .. -0 483036 page: 7 of 7 1 1 l ili 1 1 11 lillill'llillilli 05/20/2003 03:25; SILWA C..VIS FIT:IN v..RT'r CO R 36.00 0 0.00 - -- .. FF-ZI-11 Ihi.® i-; ..IN. 14,1 , .2!19~' - 1 .41% f 1 1 __ 1. ·..4Mfktf-Jyth@! 1.i){':~-- .~i~],4114,111-1. Y I 1.- 1-ENE -1 . . 1.I.......I...I..."..l/ .: / 1,1 0;kiNE-i ~ 1 1 1 + 9 A-/96*MR:':2-5.-···..·m L il.I:~ :'1,.~~'it i.~ ,A:: 1 r~tiii ; p 1,'~~,i~ *''l~: ~®0 : .: /I-,1~41]'(C~.0, :· , An. \93\}r<N©N\\ ~-p :.i r!/h-·t-r~.:1014*t:214Ak/,5// 1. ~ fl. ;//f~4&14 '· a h·.1 ·01 Ar FE"Arft'K c···n ..-·cr ·14 11'...I. 1..'.. .1.'6..:]<...,t"I .. .i, ....lf.. .444413.21..:.//6/XYAAL:,y. -, ' t I A 71 1.1,1 7.·· 0 ~\fo . ..< F IL. f 1 11.L - MAL J PLAN. · and N,F,9 - REAR ENTRY _- ·f ,~ ~ .-To~kil..:..tvt 1.-X ,~.~~ ..81·...f)~4:*f.' -~~ b irkwood assoc. . ' Owners david haular archito ct Sara Adams From: Leonard Oates [Imo@okglaw.com] Sent: Tuesday, July 17, 2012 3:26 PM To: Sara Adams ~ CC: 'John Martin' Subject: CM, LLC/420 E Hyman Avenue/Duvike Condominiums Dear Sara-Following out telephone conversation on this date we are strongly considering withdrawing the pending land use application with concept being that ratherthan demolish the existing building on the property, that the building be remodeled with the second floor residential units remaining in their present configuration. On that basis we believe that those units, of which there are 4, will remain as free market residential units, as permitted in the original exemption allowing creation of the condominium regime forthe Duvike Condominiums, without triggering the application of any ordinance or policy requiring the same to be deed restricted as employee housing The basement and first floor commerecial present configurations would not be subject to the limitation requiring remodeling in their current configuration. We would like to get confirmation the our understanding is correct before withdrawing the pending application. Lennie Oates ***Please note that I no-w have a direct dial number. Please call me on my direct line if possible, and update your contacts accordingly, Thanks, *** Leonard M. Oates Dates, Knezevich, Gardenswartz, Kelly & Morrow, P.C. 533 East Hopkins Avenue, 3rd Floor Aspen, Colorado 81611 Direct Dial: (970) 920-1704 Phone: (970) 920-1700 Fax: (970) 920-1121 This message is intended only for the individual or entity to which it is addressed an may contain information that is attorney work product, privileged, confidential and exempt from disclosure under the applicable law. lf the reader of this message is not the intended receipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address via e-mail or the United States Postal Service. Email secured by Check Point 1 GILLESPIE LAW OFFICES, LLC - ATrORNEYS AND COUNSELORS AT LAW Riverview Plaza. 100 Ok Run Drive. Suite 129. Basalt. Colorado S1621 Phane. 970.927.6549 /Fax: 970.927.6568 / Email gi~espielawoffices@gmailcom July 3, 2012 VIA FIRST CLASS CERTIFIED W. Adam G#lespie US MAIL RETURN RECEIPT Gi#espie Law Q#ices, LLC #7011 1570 0001 8177 0248 Em•114 Rillespklawoffice**~aiLcom Mr. Charles Cunniffe, AIA 610 E. Hyman Ave Aspen, CO 81611 RE: 420 E Hyman Ave Lot O Block 8, Aspen, Colorado ("Property"); Agreement dated June 23, 1976 Dear Mr. Cunniffe: As we discussed on the telephone last week, my office represents Hyman Mall Commercial Condominiums, LLC ('GHMCC") owner 6f410 E. Hyman Ave., Aspen, CO 81621. I have reviewed the above stated Agreement and your redevelopment proposal for 420 E. Hyman Ave. submitted to the City of Aspen. As you are aware, my client owns the east ten feet of Lot N, Block 88, City o f Aspen and has been paying properly taxes and maintaining the property for over 30 years. It appears that without any notice or discussion with my client whatsoever, you have unilaterally incorporated their property into your redevelopment proposal as part of your required "public amenity" space with the City of Aspen. We are objecting to your unpermitted use of HMCC's property at this time. The document (page 2, section 2) clearly states that tile agreement is for "non exclusive, perpetual access over the property owned or leased by them by way of the access delineated by blue cross hatching". Furthermore, any approval by the City ofAspen regarding your use ofthe space for "public amenity" would make it unavailable for HMCC to use for "public amenity" in any future redevelopment for 410 E. Hyman Avenue. We are requesting that you remove the east ten feet of Lot N, Block 88, City of Aspen, owned by my client from your application and forward written confirmation of such. Unfortunately, if my client's property is not removed from your application we will have to an injunction against your application and take further legal action. Thank you for your prompt attention to this matter. Regards, Gillespie Law Offices LC W.1 Gillespie CC: Hyman Mall Commercial Condominiums, LLC Sara Adams, Senior Planner, City of Aspen I . €. .., iji'*W#NO, . Recorded at 3:3101 June 4, 1981 Loretta Banner Recorde ¢3,- 1 CONDOM INIUM DECLARATION FOR .~ 2.%11:. i 20*108? %6'll DUVIKE CONDOMINILM h ..: : 15 355 44·..4 KNOW AIL MEN BY THESE PRESENIS: • WHEREAS, CUVIKE, a O:>lorado general partnership, hereinafter called the ..3. "Declarant," is the owner of the following described real property situate in the City of Aspen, Oounty of Pitkin, State of Oolorado: Al Lot O, Block 88, Aspen Townsite, known a, the Aspen Leaf Building situate on the Hyman Street Mall 11... -: i WHEREAS, Declarant desires to establish a condaminium project under the Condominium Ownership Act of the State of Oolorado; and WHEREAS, Declarant has subdivided a building containing eight (8) separate comnercial spaces and other improvements appurtenant thereto cn the above- described property which shall consist of eight (8 >) separately designated coml,ercial condominiun units; and ' :1. WHEREAS, Declarant does hereby establish a plan for the 0·mersh ip in fee ' i.lk: siliple of teal property estates consisting of the area or space contained in each of the condominium units in the building improvement and the co-ownership by the individual and separate owners thereof, as tenants in carmon, of all the remaining real property (hereinafter defined and referred to as the " Comnon Elements" )) .i.: '.*d NOW, THEREFORE, Declarant does hereby publish and declare that the following i12 1 -' 1 terms, covenants, conditions, easements, restrictions, uses, limitations an:1 obligations shall be deemed to run with the land, shall be a burden and benefit to Declarant, Declarant's heirs, personal representatives, successors, ard 32.40,% I assigns and any persons acquiring or owning interest in the real property and r« k inlprovements, their grantees, successors, heirs, executors, administrators, devisees or assigns. %84. 2.©i):':3 1., DEFINITIONS. Unless the context shall expressly prov ide otherwise, the following definitions shall apply: ¥t ·26 · ff)'6.1 . (a) "Oondominizin Unit" or "Unit" means an individual air €1€4: space which is contained within the unfinished interior surfaces of the perimeter walls, floors, ceilings,·windows and doors and between ceilings 1553 ; and roofs of the Dwelling Units in the building as shown on the Map and any S.kp.. amended Map to be filed for recurd, together with all fixtures and ijrprovements therein contained but not including any of the structural cornponents of the buildim, if any, within a unit. 4.(Sk//' Nic:kMT.- - 441: lt:.4.,1. 6,1*·*~1454~96<- ·r,-,~, -. ~1'... -. 1 . ,pv-k*r:*ip, ..": : , 79 t.' i 1 I Aa..41. 12.9.3 »6' f. . _j'.6 0 ' 1.*r; EXHIBIT B BooK409 [A~[376 'ir) /.. n· CONDOMINIUM DECLARATION FOR DUVIKE OONDOMINIWi $94->3 034, 571 3 So that this corm·ercial condcminium rray be retained as a. high quality iffil calmereial condominlun and the various unit omiers may be assured of the nature of the ccrrmercial mix in the condominiun, the uses of the particular units are hereby restricted as follows: 7-422. 1, Units 101, 201, 202, 203 and 301 shall be used for restaurant, retail or office space only. Poth 2, Units 302, 303 and 304 my be used for restaurant, retail, office f,j or residential apartrrent space only. • . -, i-A No condominiun unit shall be used for retail operations receiving more than fifteen percent (15%) of its gross income frorn the sale of t-shirts, souvenirs 4....M or trinkets. No pornography or salablous material shall be sold in any space. *10... So long as declarant,is Ow¥,er of units having a twenty percent (20%) or nore R. )1-,4 ti interest in the ocrunin elements, the uses provided for herein shall be changed >11*; 3, only by written amen¢krent to this declaration executed by declarant. In the event declarant is owner of units having a less than twenty percent (20%) interest 60.or in the carnon ele,rents the uses provided for herein shall be changed only by i.1 I ..4 iNt.9. written amendment to this declaration executed by the amers representing an 3.232.3, aggregate amership interest of eighty-five percent (85%) or nure of the common ele,rents. 4/4 >~Rplit:· BON« , *if €K tuar 4,€17·zi 2442 )39 t~S Pit 2/ f ¥64 3-ik* ifbia (840+ j./rb,¢.C Xern¥ , Ey-6j./.<l- 0 - --- 2933:. «by 31' ~ . 4. .10.396'AL.'-14'Mat#E"Jigqi&/---r,~;..%",lig-7*.-4-.-r 1.LE#in-mt.*,12 41*I-.EN,2 -9-5 -22*.1~.-,~~~---r~ij.152~;I* ~9- ' .. .:rf. . r -1 -1.4.4.U--1 flf-44: 1 -4- O..p L 01'emo~ D - 1 , 6 » 01.INTCE, B. 315911tt of A.pon, Coll¢,40. hi• .ittor•-7 Infut - 1- 2-p - - - - I '' F 1 1- ....61. 1 81IPE]r V. MOT*R>UL Ind ELIZAE™ D. MOTME}UEL C .·- .·. .t - d ., 1004 TE. Tr. I.n., Vim..um, Ininoi.~ 1. . - 11.4 16•v -e- 6-1 42 1-ir• 1-456;@~57~* -d'Ur wiy##ad &* d -UN-ikd- k . -I.. . I ie<•a,I. 411• I.4 b-in, t• &b C-i, .f P;Uln - - b.._ _ a.4 Ria. .1/FJ'-6:""'4· I I . .L . j lot l•tt;WT-'~ Elibtriliht (88) of the City>nt T-=19 of_100* , ./ •11,0 de,orib,4 I•_ :T-*'*-of 201 9 -ta Block 88, 1 n •AL to iT,•raity Am¢. Te-~t of A.4 1/1 . * . I ./-- ..... , 1 el-- 2 3 ¥~s,nor doe, oonark-Nish 4r•. th.t h•t •¥•11 not bund w 60*tnot 1~~-1-+E• ' 1 ' <d , upon • *trip of lind tin (10) fiet .1,1, 1114 upon •ad bill, the-Ent-Wn (10~)4 f••t of lot N, 3>oak 88, A,pen, whlch 1, 1-•41•917 •d Jeonit to thi.1-t prol,- irt, line of the .bov, 78.,orib,4 prop•:». Thlo r,•trl,U- upolt /114 Zbt Il oh•11 be , 00•inint rur:nt, •lth thi 1*bd. # r. ,/.1 1.1 . , ~ ~i 7'- ~ -4 :: .. ~2 !! ii F *181 S :54.n:=45 .. ~~ i i 4 . 1 T.M- 4 9 Mold tb· -1 pAN.,4. 6~-,•• I.IrY-1 '-1 414,u*wj. .06 ,1- a.~-i'1'I"4. ..4. U. ,~ p.,i~-f · ' ' ' ¢ .4. : . N .-3 0,0, 6 -4 t-1-9 4 i}€ ••A-~ i.'i, P- -iii·. ,411.-- t-v .4- --1 Lh• 6. 11. 4 6 ' · :I,;~:;:72:.;Sil:,C:,tlir,7-:f.'2':3.:'r::6'2;'40:Ctln:,52£~*4*hd 3.,: t · 1 11; 1 r ...- ' except th• gener.1 1.a:*r• for th, 7,•r 1908 · p -9 7 0 1 , r - lii•, ,1.9, -4,- -1 7- 10,1• W..t C-yi.• •J -i- -i•,i.. *-••t .11 ..4 rv*,1,-- 447 6.1.11, re-,4.- r. ...! 2 U ...0 6".: 1=1 *t/03-5.1149%%4 r I , I a t. to.,Itn- ¥40-4, n.. 4-4 1.,1 1.6,6• f./1 9/n La. hle . &/4 1.1' - ' -1 .. „ .... ...., e .- 013URD C 5.l~ERSG r. . .1 -*-- 1, . 4 '. r'MEA j r., r. L.- 51:/t.) • , 1,).12 U,n.go b.,f.k,ar, 0 - ~~~_ < ' 1(1• Actor-7 10' ret . i STATE Or COLOI,DO. . · I . I '.I ' . crount, 2 Pitkin , F $'f 71. f...S' ,/.....1 ./.-•-44-1, t'.1 1. sai••r•.n, by.'0118,0,1 06·,b~,Irti Mt,;•46•~f~P , ' 7 1 ·· € --· ·---6"",-- .·· •ttivrnny In·filt. - I. I. .*, 21·i, ..12.-13" :.,1... , 4, -9.71* =· ... , . - r-- - L~<,1/72'/4/*,f, 4 /1,..,-;'L:.54· 1. . ·' 4 ·».~':·'4.,N~ 44291 .. ' ' ~a ~1 ---4„4. -AW•AN¥¥ O«6070,0,•* To.- 76.-r, I•-A •-LI*6--.e.4,-6*--J. . "10 -, , .,1 pA= u-,• t i u. 71} 1-6 } . P · )# 1·.4·4; ..V '-·,·· 4., ,U 1 INVOICE Land Title Guarantee Company 533 E HOPKINS #102 Land Title GUARANTEE COMPANY ASPEN, CO 81611 www.troc.COM 970-925-1678 Tax ID: 84-0572036 INVOICE NO. ASP-3495 Please reference above on payment OATES KNEZEVICH & GARDENSWARTZ Attn: LENNIE OATES 533 E HOPKINS Order ID: LOT N AND O, BLK 88 ASPEN, CO 81611 Our Customer No. 5266.10 Invoice Date: June 25, 2012 Invoiced By: Kurt Beereboom Phone Number: 970-925-1678 - CHARGES - Service: Research Income $125.00 Ref: SEARCH LOT N&O, BLK 88 ASPEN Addr: LOT N&O, BLK 88 ASPEN Buyer: SEE LENNY Total Amount Invoiced: $125.00 Less Payment(s) $0.00 Balance Due: $125.00 Payment due upon receipt Please Reference Invoice No. ASP-3495 on Payment Please make check payable and send to: LAND TITLE GUARANTEE COMPANY 533 E. 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RoniC-10 /08 tlt:Ami'& D. 1,09"71£ k # ' 1004 1111. tr•• 1.-. ¥11,-9., Iill.0,4 . £2--4. 1 . - n.*16 *4#___•~16.8...p.L+4.t,4WL.-,¢,60_.~d_-4' 4 '. ·,~ *11.7 -@ .... ilt*•,. 4,44*nit•16 0.-1 4 !';tkin __ ..._. _6101.1.J 2 -~ - Int l.ttir,T-'11Phlock tightrlizht (88) of thi 011,6 Towmatta •111•06 ' · -30.- · 't - _..:./3=c 2. r: r.-1.t-of I.1 0.44n Bl,cl; 88, 1. end to 6*dU.-4.re-,0~Foe Ar.JA . · · .7/ .1,0 de.orlbod a•_ - .i . . r -Ill- ' 3.~ I ... 0, 3 ~%•11•r doe• eonn,¥11Sh 4,4. th.t h•/ ,h•11 not h•114 or 4•not,uet t,po--+U · upon a etrip of leru ton (10) f,et -10• 1,11, upon •ad bil:, th•-mvt-tan (10~)4 - f It of 14 11, 8>oak 88, A.~n, which 1• 105*diat,ly •djacint te thl,-W-t pro*- •rt, lit, of the •bor,Jafoortb,4 propeely. Thio r••tri•Ule upon ..14 Ibt N , 1 01,11 bi i ooyinent runnlig with th• lal,d. 4,. f - ry'.? i:1 -. Iilill~ili~i~illik£ it :fati; illillillilillilill illillilillilillilly .h ·· 0 - '11' -. J../. ,.4 49 - .4 w...4„-. „1,*.in„- I,JN,„ump. i,Ii.~.f- ad/,0/uil=.1,.a/deb.*A*#04:F* :i„ - - I! 11 - . hil ,lf i. ..4 -ith •l,• -d 14,1,1 •,1 t le -0,I.| i.it, 16- -4. i,• •. a 1J.-. ti-, .-,c,- -rt %10 h/n -1 -,g- 01 -E, -4.- A+46, i , 6 i t . , , except the Gener• 1 t.xe, for thi y••r *48 , , ic: .. ' .:r ti. i~~~i tk ~h•.1- . "i' *U&4, u.. -„·.rt y ; U. 1.. ,-n .6.q,...£,1& Ilk"Ae , AMI> MISDA 5AL) a ... 10 "MoN'Whorial. n., ,•-4 1-4 1...1. 4.1 r.,1 L.' ht, - h..4 1-1. .. 4 11. da, a.9 4- Ef•i •:"· .'.16.. .... · . BEAD e.0.\ 7.0 1.1. · 4 • -f . r •L-' </4-41.# · 0 - 1 - 7- I , . '1. *MAL) , Mil Actort.6 In' f*&0 , ' i rr .T, 0/Cot-O,100..· 1 . ' - '' r..2 ; 7. 1 . .. 1 ./ 1 . Guit, 0, Pitkin ' T 3 Te '-A• M'•1.00' 1 -'•·-1~ilr·'2 - . · lin · . . ,f.' 1, , 1,4.-ber. .1 !1"58 1 1.,- . ". 4,-: ..% 4.1. 11 ,,• Gor•rd L. Santer•In, by.'011=lor~ 0660144,•re, Mil**040~*.. L _i.---;„41, '' .:•,alt,En*y·tRIf•*t, ..; .. ' 2.-kj) 42·,4.'.2.4 23.-4 . »· . . 1 .. .- , At . i'· ·· , 1,02...09 1.6,·' w.,t.A#.ty o.&O 70.014* 7.r•~A•·r•+ ~.F~:.19"•Am'•..Em'~8'""'A'KA"1'-2·. h .=e/4- I ../1, · 1 . . '. 1 --„ .. 4 '-53-02-M~~17~T«·.'€9:Ar'.-w -77'3.-L ..-I.,..--. . ,- *. 1 --7-7 ....4- lk.I ;it.. 1 I .'~ ' t· r-Upi .9 /1 ,~"4=.**":'. * -':.U 4 .'-i.·,- 4 - ·ili. - Recorded at.,~.11.150. „o,clock-..5... ~., October 24, 1969 ...Ki.*64 4 9 Reception No.,..13?66-7. . ..Recorder. ' RECORDER'S STAMP 18 Deed Made this 20th day of October 69 .between STEPHEN W. ROTHERMEI. und ELIZABI·:TH ROTHERMEL of the ST"t tn:'J¥,!ITARY FEE County of Pitkin and State of Colo- OCT 2 , 19bg , of the first part. and 1.06- WESTERN COLORADO PROPERTIES, INC. a corporation or·ganized and ting under and by virtue of the laws of the State of Colo rado , thi· Becond part: - iVITNESSETH, That the said paz·tieS of the first part. for anti in e,)114!eration of the fum of TEN DOLLARS and other good and valuable consideration ------------------RQ*11*80 0 3 said partieS of the first part in hand paid by the said parb· of the :ee„nd pat·(. th,1 1·„·elpt whereof is 1·y confeised and Acknowledged, have granted, bargmined, sold and conveyed, and by these prezentv do a bar,ain, sell, convey and confirm, wito the said party of the second part, its successors ami assign5 forever, oi the following described Iot or parcel of land, situate. lying and being in the In. y of Pitkin and State of Colorado. to wit: Lot O in Block 88, City anc! Townsite of Aspen, together with 211 improvements situated thereon. j " OGETHER witl· all and singular the hell'ditaments am! ai,pitrt,·r:rm·<,4 th, i-,·unt.·, ht'iongilte •11· in anywl.t• ppe ~ining, and the eve Jion and reversion., irmainder anti n.mitinders. 1-,rit-, ist•Ues and I,r·,•fits therwf· an,! aH , e c :tate, right, tltle interest, claim and demand whalsor···er .f thi· ..3.1 part ieS „1' the fil···1 1,:, 1·l. , i'.1.1,· in 1:m the above 1,19 1-gain ed premises, „·t Th the h€·rettitanwitts a rid apli ilrten :41.·A·s. TO HAVE.\Al TO HOLD the said premises r.bove bargained and de>C!·il,(,ti, with the appurtenance.. unto the id Jarty of the Sel' :d part. tls successors and as.11:lis fe! evi .·\Ld thi· >aid writes - of th,· fir>t part. fi,r , en selves, their ..eil·=. 1·xeeut.•ri, and administrators,6, , ··<,·11:11.'. M·UNI. bargail: Al.,1 .11:1,·t· t,) and .1'.h the Hid parry {,f the M·.,1..1 part. its surric>„i·s and a.5,:· 1 1:,,t :,t th,' tin •' ,·f !1 ,· 4.1:<1·:1!1112 ami 11('liverv f thes, presents. ther are Ul·". st·iz,·d·,fthepremise: ...., ,,1.·.·ty,·. a. · f M,·,·,1. -,,i,. p. '·f··,·. ·.-:,- 1,1,· :1:1.i indel ·asible estate of :nhel·:tap,·,·. ip law·. ir. fer simple, ant hi•Ve L, i,d r ·21.t fii:! 1,„ic·r and lau·f,il auth,iri'•: t. gran ,bargain. sell and convey thesame m manner and fnrw. as af,in·:ai,! , :ind :3 ··· th, ·:trw :t 1,· fl ,·,· :tn,1 ,1,·:i,· fif,In allf, rmerand other grant., bargains, .,t;,·s, !,tr.:, taxe-,,I- i·-·;n~,-ins al' 1 •01,·,,r·,1-al,,·,·: , f wh.,·•·v,·1· k 1,1,1 ·· · :eli'' koev, r, except General Taxes for the year 1 969, payable ·lantian 1, 14)7(1; ('(,\ ('11:int> contained in Warrality Deed clated Noveinbri· 11), 195>, :ind n·col·fle, 1 No\('1111 14 1 12 1958 in Bool: 186 at Page 11 in the Offict· of thi· Pitkin Colint> Cli rk :in,1 1147·in·(h· rights-of-way and easements of record. nd i le ab.ve bet·gained pit·n»r> in the quiet and pearefii] 11<'9~,·,>Ii,i ·,f ·b':1'11 wrt, i,1 - uce{ 150,3 and assigns, against. al! and eve,·y p,·rion „r 1,• r•,ins lawf·.21·.· r h,,ir.:r ·.· , r ·., :vi'. it, ··, i 1 :/1.' :1.1. here 4. the said part ics of the first part shn]1 und wil! W,·1 1:fl.;.NT \\-1 1 F 1:K\'KN l'j· 9.\1' , IN WITNESS WHEREOF, The said partic,Hof the fit·t p,··r· B'ni'l f.,·!-,·1/11'·) <i·t 111(·! 1 nd 3 ·al S the day and year first above written igne 1, Sealed and Deli»red m thu• Piesenc.· of .HE.if.1 / i 't.L'i d.. L't /t'L 4. I /L~C (66 6/, .lz' ISEAM ISFLAId STATE OF €ebe}**BO, )4 tvOLL. 1 County of · eitki.n : 'Phe forezoing instrument was acknowledged bef66 me this 20lh ciaf· of ()cloIR•i· 1961· .by Srepken W. Rothermel and Elizabeth D. Rothrrmel *".3.0-,1/ .OR'll ANN JONES .,n·r,0, r,4: 4 · TATE 1[ ''-7# YORK 41 - Recorded at 10:15 AM., August 18, 1971 Receptio,1 Mo. 146942 - Peggy Miklich, Recorder 800,237,-· ·21 '7€ STATT DOCilE{TARY [f[ AUG 1 8,1970 WARRANTY DEED , . THIS DEED. Made this , ~/day of August, 1971, between DANIEL J. MADDALONE, JOHN C. MeABERY and L, R, SCHOOLMAN of the County of Pltkln and State of Colorado, : 0( the ftrstpart, and WILLIAM R. DUNAWAY, an undlvided 3/8 interest inthe real property hereinafter described, ALBERT KERN, an undrvided 3/8 interest in the real property hereinafter described, and GEORGE VICENZT, an undivi€led 2/8 Interest in the real prnperty hereinafter described, of the County of Pitkin and State of Colorado, of tho i second part: WITNESSETH, That the 8aid parties of the first part, for and in consideration o[ i the sum of Ten Dollars and other valuable considerations to the said parties of the first· , part in hand paid by said parties of the second part, the receipt whereof [s hereby ; confessed and acknowledged, have granted, bargalned, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm, unto the said parties of the second part, thelr heirs and assigns forever, all the following described lot or parcel of land, situate, lying and being in the County of Pltkin and State of Colorado, to-Wit: Lot O, Block 88, City and Townsite of Aspen, together with all improvements situated thereon, and INCLUDING a covenant of restrictions per- taining to Lot N of said Block 88 and recorded in Book 186 at Page 11 in the office of the Clerk and Recorder for Pltkin County, Colorado. TOGETHER with all anc] singular the hereditaments and appurtenances thereto belonging, or In anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the sald parties of the first part, otthor in law or equity, of, In and to the above bargnincd promises, with tho horaditaments ancrappurtonances. r TO HAVE AND TO TIOLD the sald promises above bargained and described with · · - the appurtenances, udle the Bald parties or the second part, their heirs and aasigns for- ever. And the said parties of the flr6t part, for themselves, their heirs, executorn, and ; administrator6, do covenant, grant, bargam, and agreo to and with the said parties of I - the second part, their hoirs and OBS]gnS, that at the time of the ensealing and delivery - - of these presents, they are well seized of the premises above conveyed, as of good, sure, - f. ' '.*r 9- .'- .*9 vM '31 7:t'•7>.3.j·,4 - i. . 800,237 FAGE 1,78 lit: perfect. absolute and indefeasible estate of Inhcritance, In law, In fee simple, and have good right, full power and lawful .'.''hn•m, to grant. bargain, sell and convey the same in ! , manner and form as aforesiad, and that the same are free and clear from all former and „ 1 other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever 1 kind or nature soever, exceptlng a flrst deed of truat encumbering the above-described , real property which Is or record in the office of the Pltkin County Clerk anci Recorder at Book 244, Page 570, and the above bargalned premises in the quiet and peaceable possesslon of tho cald pa Liles of the aecona part, their hotrs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereor· the waid parties of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said parties of the flrvt part have hereunto net their hands and Heala the day and year firet above written. An n j-va#iu·ll,~. ji <*uvh-fgu.-. Danibl J. Madd•Gnd 0£ . /1 94-74 f 2*hn C. MeAbery i «t~jl 0 L. R. Schoolman STATE OF COLORADO) & 88. County or Pitkin ) t -V The foregoing Instrument was acknowledged before me this /700 day of August, 1971, by Daniel J. Maddalono.,John C. MeAbery, and L. R. Sehoolman. ILI . 9 -4. . I , : ' 4. WItness, my hand and official Beal. i 1 1, " , j., 7....9.rd ,My commissioN explrost *#*hzf '.C Notary ~ublic $ ./. 44 . , 22- 1:e¢or.!c: At..2.298.--c·AN• P v, August 17, 1971 tocy. 26 - p,\I,F..60 necoption No....1469.11__ Prer. Miklich .13...'.11„. 11115; T'11'.1-:.1. 7.!a.h, tb:. 18(h tray of . August , 6 9 71 FILING B'rAMP hetween U·'1·.~S'ID.'l<X COLOR:,1,0 i)1161)10-921'i!:S. INC. a corporation d.6- irl:,ini:el J J ' 5 00(01'.9,7,q? FEF 1 h and existing underand byvirlue ofthe Inwa of the State of Colorado - , I of the firi: part, and L. R, SCITOOI,MAN, .TOHN C, hicA DERY AUG i , < :ind D.\X:EL .7, Al,\DDA LONT i ! t ef tho County .f Pitkin ! And State oi Colorado, O£ tho second part: WITNESSETH: That the IniJ porty £,f Llio first part. for and in con. •i,1.'r:.11·in of :he :tin, of '1'11'X DOI,LARS, 1 tin,1 00·,er vihiable con<Ider:1:0:1 d to it in hand paid by the natd parlien of tho necond prrt, tho receipt whorcof la horohy ef.nfourit And neknawl,·6,0,1, , Itas granted, bart:nined, sold „11,1 donvoyed nn,1 4 theao prosents dooa itrant barnhin, 8011, convoy en,! eonfirrn unlo I the s.aid parties of tho accond part, not in tknhncy in common but in joint tononcy, tho nurvivor ,·,f them, thet: assit:ng ! =d tho heirs and assigna of weh wrvivor forever, AU the following described lot or parcel of land, Dituale, lying D :Ind bein: in ine Cent, of Pitkin and Slato of Co:.,20. lo wit. 1.01 0 in I'lock 88, City ancl '1'owng,to of Aspen, together , with all Improvements sltunte thereon, and INCLUDING 1 n ,·ovenant of rostrictions pertaining to Lot N of snid Block 88 and recorded in Book 18{; at Page 11 [n the j office of the Clork and Recorder for P(lkin Counly. Colorado. TOGETHER with all and aingular tho hcroditamentl and appurtenancos U,crounto belonging, or In any,v{se Appertalning. and tho roversion and roversions, remainder And remninders, rents, issues and proits thereof; and al! 2.- atate righ. .,Ce, 11.61·eul, claim and demand whauoever of tho :nid party of the first part, either in taw or equity, of; la anh to 010 aboro bargain pron,1100, witb the heroditaments and appurtenances- TO BAVE AND TO HOLD tho natd promises above bargalned and kiescrtbod, with the appor·Unances, unto tho Mid pirtle$ of the accond part, the survivor of them, their assigns, and the heirs nud ouigns of boch survivor for- ever. And the sold party of tho fint. pArt, for itself, Its successor, and asslims, does covenant. trant, bargain and agrec to and with the sald parties of the socond part, tho survivor of them, their wigns and the hetra and ASSigna of sc:h •ur··11·or, that at the :ima of tho enseoling and delivery of theo presents, it is well seized of the Dromides :bore conveyed, 03 of good, sure, pnrfect, abnoluto and indefeasiblo estato of inheritance, in law, in fac simple, ond han good right. full power and lawful authority to grant. bargain, acll and convoy the some in minncr and form aforcsnid, and that tho same arc froo and clear from all former and othar grant:, borgalns, Antes, lien:9, tnxei, n:- ps:ments *nd encumbrancen of whatever kind or nature soaver, except(ng a first deed of trust encumbormg the above-described properly which !8 of record In the office of the Pltkln County Clerk and Recorder in Book 244 at Page 570 which second party specifically assumes by assumption agieenient dated oven herewith. 1.4 11.9 Alinva 1.8171\In•,0 p...1111-:1, Iii 0,0 111}Int nnil pencen).10 pon#oni,lon of tho cald parlion of tho Decond Dart, tho M.rvivor cd them. O.t,lr Allnt,(na ,~ttit lita liclrit tind nunlten# 0£ mioh 1,11*Ylvor, nitalnnt 1,11 ami ovor, purnon or Wr,iona f 1.·t·j .1)V rk•,1,»Inir or ti, rbibi, 11,0 whole. ¢,r Iiny mirt thor:ot, :!:o ont,! PArly of t),• flm part •hall and win WAXRANT I AND 1~Ollt·;Vt.m D};1412;D, 1 1N Wl'i'>41:Sft,Wll!~111·'.OF, Tho nutit pArty af tho <trut Dart haa olutamt lt. eorphrnta nhnto to lin huretinto *th- Acrthed by {taw Prot,Mont 8,1,1 Ila corporato Ment to bo horotinto nffixod, alloatoll by 16• . Ng utry, 0,1 day and year firat abova wrltton. •1 0 ¢13,*4249*Li WEST.pAN cQLLORAPQ. RROP.N.R,U.,. R>'Ca / /,Jotin (f.'.,1-icAb,€66 CE)~ 8.,ret. 17 111~. d} ~80)/1- 7 Prel'Jert t : STA'£11.62 COLORADO, Da,hlel ·T. 4¥firadalone r U. 1 ..1....t...~·„C#Gtg of....121114.In.. ........................., Th. 'unt:*bu: :natrumoLL win, acknewl,:4:ed b.:furu mo thi• ] G th doy of August ' )4 -71 : te· Dani-61 -9-. Mnacialone os Preoident and .,......1.14*p C. McAbery °0 Secret;,ry of Wuiturh,€0)'95:5do Properties, Ine. o corporation. , MY nourh! =-m.!=.c:. c=;,19(0 0.'/·7·7J - Witneos my }ind and official seol. ....2.2,0,0 .1 (1. . . XI:ar, 1•uli.·.. 1, 1 Xi•. 9251. 14'.t InGN'rV W:=D,-Fi.. ' ~.i.,i-0 1. J.IM 7,•••01••--D•••U•:•11'.61~0.1., Ce• U ·* ~'~*~' St,-t. D•nv.•, c-10,4.-4-0 - r .. .2-N- Sara Adams From: Ashley Cantrell Sent: Friday, July 20, 2012 9:24 AM TO: Sara Adams Subject: RE: trash/utility referral for 420 E. Hyman The space for the dumpster and recycling is 20 x 10, which meets the land use code requirements. They only showed 2 recycle bins, not 4, but I believe there is space for 4. Looks good to me. Ashley (970) 429-1798 From: Sara Adams Sent: Wednesday, July 18, 2012 11:11 AM To: Ashley Cantrell Subject: trash/utility referral for 420 E. Hyman Hey Ashley, I just received some updated (?) information aboutthe trash area proposed for 420 E. Hyman. Check out the email string below if you need a refresher since it's been awhile. -Sara Sara Adams, AICP Senior Planner City of Aspen 130 South Galena Street Aspen. CO 81611 tele. 970.429.2778 www.aspenpitkin.com From: Brian West [mailto:brianw@Cunniffe.coml Sent: Wednesday, July 18, 2012 11: 10 AM To: Sara Adams Subject: RE: trash/utility referral Nope. But I put this together last night and this morning. Will this suffice? And do I need to also send this on to Environmental Health? Brian Brian West I Senior Project Archilec! Charles Cunniffe Architects 610 Fast llyman Avenue Aspen, Colorado 816]1 rel: 970.925.5590 Pax: 970.925.50/6 Frnail: tyigav//Int.jrlr««Cont Web: www.cunnifte.corn AMERICAN INSTITUTE OF ARCHITECTS CO WEST 2010 FIRM OF THE YEAR! 1 # From: Sara Adams [mailto:Sara.Adams@ci.aspen.co.us] Sent: Wednesday, July 18, 2012 11:04 AM To: Brian West Subject: FW: trash/utility referral Any news from John on the trash/utility a rea ? Sara Adams, AICP Senior Planner City of Aspen 130 South Galena Street Aspen, CO 81611 tele. 970.429.2778 «t.asge rip.itkin. com From: Ashley Cantrell Sent: Thursday, June 14, 2012 10:55 AM To: Sara Adams Subject: RE: trash/utility referral After reviewing the plans for 420 E Hyman, it is unclear where they propose to place trash and recycling containers. Do you think they plan to use the area adjacent to the parking spaces? I would ask the applicant to detail where a 3-4 trash compactor will fit and where the 4 recycling containers will fit. Although the applicant contacted the waste hauler and received approval for a small compactor, the hauler did not mention space or access to recycling containers. The Environmental Health Department would appreciate more information in order to fully review the proposal. Ashley (970) 429-1798 From: Sara Adams Sent: Monday, June 11, 2012 11:42 AM To: Ashley Cantrell Subject: trash/utility referral Hi Ashley, Could you take a look at the attached documents and see what you think about the trash utility area? The Land Use Code requires trash/utility/recycle areas on properties that are 30' wide or less to be 15 linear feet with 10' of vertical clearance and 10' deep. The proposal is for a trash area that is 10' wide, 10' vertical clearance and 20' deep. They did not tell me exactly what type of trash/ recycle receptacles they plan to use. I asked them to get some comments from waste management companies to see if the proposed area was feasible (see attached). They need a variance from HPC at the end of the month. What do you think? any chance you could get back to me by Friday or Monday? Thanks! Sara Sara Adams, Senior Planner City of Aspen.130 South Galena Street Aspen, CO 81611 tele. 9701429.2778 tax. 9701920.5439 www.aspenpitkin.com 2 - , RECEVED ~J ~' upl~-03 ·· APR 2 4 ZOE i vivtti M CITY OF ASPEN - COMMUNITY DEVELOPMENI I , i L . I .1 1 . , FIL . 10'.9 V L Airlf * 4. ./ 1 ./:-3 . . . h C \U - E 1 L„, LI ; 6PAAm 8 -UL.*r · . ..t- t.•,US W. ' 7-hic/ . .0. .1 5 . , . .1.0 0 · O 1 t.-6 3 5 F... ILL.%.: : 3 - .... ah - E - .... ...... . ly € W ' 1 Its' · ,u . i . 3511* 0 - 4 -:L 1,739 0 .4301 . b SCALE · 10 , · 0 , - i i .1 O I - ./. 1 - - 5 Se .Su/. - 1% 90 . D =-x.-3 , I . . 6. J - e. .. · 991.:an - i iIi s. 1-1 1 - i / t. rT,7 1- 66 400 1?43 1, 1· F*Rki #46. ME# P ' w•rr A . i 1, 1 - a , f 1. 1 72- ,„7*117< . i 11 . . . ....1 - brv= . L -w - -2 I 5 11 .. i mITEUa). A 711 / , / - . ./.,1. ./ A lit=r./ f ag'*g,#*M'*-51,1'il'U» €$,= 93 -r. ... :-'./Z . M 14-4 OP/d,KNI" . .:2•:irl = ...Ir m t•rT z=z ./ dflds<:49 : '1 0 . 4 4 -3 2 b le I . 11. . .. ..2.r€- f .f ./ j MALL. . BASEMENT .I ST FLOORI . , - 2. ND FLOOR - '-COMMERCIAL, R... - . I .1 ...1. I0#KeEMEF•;T ' 1,799 5, F, . :FIC[26¥_ Isteg- .i .,. 13560 6'F .. 1 5-BCOFFUUM-1200/24 z ..i: 12>. 1..1 --6, 12 . - A + .1920€ IVI0,4~1*2T~-RESIDENT/At- 0. - , SECONP - FU:OPL.:.- r 1-,-9.91. st:Fo . . 107;4Lf- $,1 02, 6, F, .. *30 2-_H*b*4=alE- 9-t&61611-NG- CORICM.TION-6 7--../5 9.0 , I . 1% ..4,1 41 - r RECEIVED 420 East Hyman APR 2 4 2012 En April 19, 2012 W. Floor Area Tabulations CHARLES CUNNIFFE CITY OF ASPEN COMMUNITY DEVELOPMENR ARCHITECTS Existing FAR Proposed FAR Area Description FAR Area Description FAR BASEMENT ~BASEMENT Total Level Total Level 2,127 GSF 3,000 GSF Total basement wall area 2,100 SF Total basement wall area 2,600 SF Exposed wall area O SF Exposed wall area O SF Percent exposed to apply to FAR 0.00% Percent exposed to apply to FAR 0.00% ~Contribution to FAR 0 SF I ~Contribution to FAR 0 SF By Use By Use 1,739 NLSF Commercial 0 2,334 NLSF Commercial 0 388 GSF Non-unit (specific to commercial) 0 666 GSF Non-unit (specific to commercial) 0 0 GSF Non-unit (common to bldg) 0 0 GSF Non-unit (common to bldg) 0 MAIN LEVEL |MAIN LEVEL Total Level Total Level 1,874 GSF 2,219 GSF Deductions 0 SF Deductions for stairs and elevator 122 SF Contribution to FAR 1,874 SF IContribution to FAR 2,097 SF By Use By Use 1.560 NLSF Commercial 1,560 1,744 NLSF Commercial 1,744 314 GSF Non-unit (specific to commercial) 314 137 GSF Non-unit (specific to commercial) 137 0 GSF Non-unit (common to bldg) 0 216 GSF Non-unit (common to bldg) 216 603 GSF Non-unit (Carport - Exempt 1,000 SF for 4 residences) 0 SECOND LEVEL |SECOND LEVEL Total Level Total Level 1,833 GSF 2,657 GSF Deductions 0 SF Deductions 0 SF Contribution to FAR 1,833 SF Contribution to FAR 2,657 SF By Use By Use 311 NLSF Commercial 311 510 NLSF Commercial 510 1.292 NLSF Residential (Free-Market) 1,292 1.172 NLSF Residential (Affordable) 1,172 GSF Non-unit (specific to commercial) 0 578 NLSF Residential (Free-Market} 578 0 GSF Non-unit specific to free-market) 0 0 GSF Non-unit (specific to affordable) 0 230 GSF Non-unit (common to bldg) 230 397 GSF Non-unit (common to bldg) 397 271 GSF Deck over 30" above grade 271 323 GSF Deck over 30" above grade 323 THIRD LEVEL |THIRD LEVEL Total Level 2,604 GSF Deductions for stairs and elevator 207 SF Contribution to FAR 2,397 SF By Use 872 NLSF Residential (Affordable) 872 1,298 NLSF Residential (Free-Market) 1,298 94 GSF Non-unit (specific to affordable) 94 133 GSF Non-unit (specific to free-market) 133 0 GSF Non-unit (common to bldg) 0 215 GSF Deck over 30" above grade 215 ROOF d IROOF Total Level 0 GSF Deduction for stairs 0 SF Contribution to FAR 0 SF By Use 0 GSF Commercial 0 0 GSF Non-unit (specific to commercial) 0 0 GSF Non-unit (specific to free-market) 0 0 GSF Non-unit (common to bldg) 0 0 GSF Deck over 30" above grade 0 SUMMARY TOTAL EXISTING FAR 3,707 SF |TOTAL PROPOSED FAR 7,151 SF TOTAL EXISTING COMMERCIAL FAR 2,354 TOTAL PROPOSED COMMERCIAL FAR 2,722 TOTAL EXISTING FREE-MARKET FAR 1,353 TOTAL PROPOSED FREE-MARKET FAR 7.44 TOTAL PROPOSED AFFORDABLE FAR 2,285 TOTAL PROPOSED DECK FAR ( OVER 15%) 0 TOTAL PROPOSED FMU DECK FAR COVER 15% OF UNIT) 0 TOTAL GROSS SF 5,834 TOTAL GROSS SF 10,480 TOTAL SF by Use 4,902 TOTAL SF by Use 8,508 Breakdown by Use Breakdown by Use Commercial 3,610 NLSF 73.64% Commercial 4.588 ~0~ 53.93% Free-Market Residential 1,292 NLSF 26.36% Free-Market Residential 1,876 GSF 22.05% Affordable Housing 0 NLSF 0.00% Affordable Housing 2,044 GSF 24.02% Deck over 30" above grade 271 SF Total Deck over 30" above grade 538 SF Free-Market Deck over 30" 322 SF Non-unit FAR(specific to commercial) 314 SF Non-unit FAR(specific to commercial) 137 SF Non-unit FAR(specific to free-market) 0 SF Non-unit FAR(specific to free-market) 133 SF Non-unit FAR(specific to affordable) 0 SF Non-unit FAR(specific to affordable) 94 SF Non-unit FAR(common to bldg) 230 SF Non-unit FAR(common to bldg) 613 SF ALLOWABLE FAR ALLOWABLE FAR Zone District Mixed-Use (MU) Zone District Commercial Core (CC) Total Allowable FAR 2.75:1 8,275 SF Total Allowable FAR 2.75:1 8,275 SF Commercial Allowable FAR 2:1 6,018 SF Commercial Allowable FAR 21 6.018 SF Affordable Housing FAR No Limit No Limit Affordable Housing FAR No Limit No Limit Free-Market Housing FAR 0.5:1 1,505 SF Free-Market Housing FAR 0.75:1 2,257 SF Lot Area 3009 SF Lot Area 3009 SF Deck Area = 15% of Allowable FAR = 1241.21 SF Total Deck Area = 15% Allowable FAR 1241 SF FMU Deck Area = 15% Allowable FAR 339 SF CIA 0 0 S . . . S CERTIFICATE OF OWNERSHIP AND DEDICATION A A RE-SUBDIVISION PLAT.f.OP' -THE DUVIKE CONDOMINIUMS KNOW ALL MEN BY THESE PRESENTS THAT CM, LLC, A COLORADO LIMITED LIABILi TY SITUATED ON COMPANY, BEING THE ·SOLE OWNER OF THE DUV ! KE CONDOMINIUMS, ACCORDING TO THE ji CONDOMINIUM MAP THEREOF RECORDED JUNE 4 i981 IN PLAT BOOK It AT PAGE 61 AS LOT 0 RECEPTi ON NO. 233287, AND AS DEFINED AN6 DESCRIBED IN THE CONDOMINIUM BLOCK 88 DECLARATION FOR DUViKE CONDOMINIUM RECORDED JUNE 4, !98 i IN BOOK 409 AT PAGE CITY AND TOWNSITE OF ASPEN 355 AS RECEPTION NO. 233277, SITUATED ON LOT 0, BLOCK 88 CITY AND TOWNSITE OF COUNTY OF PITKIN ASPEN, PITKIN COUNTY, COLORADO DOES HEREBY PLAT AND SUB6!VIDE SAID REAL STATE OF COLORADO PROPERTY INTO THE RE-SUBDIVISION PLAT OF THE DUVIKE CONDOMINIUMS INCIDENT TO THE ' DEVELOPMENT THEREON OF A MIXED USE CONDOMi NIUM PROJECT AND DO HEREBY CONTAINING: 0.069„ACRES, 3,009 SO FT ./- DEDICATE TO THE APPROPRIATE UTILITY COMPANIES FOR THE NON-EXCLUSIVE USE THEREOF AND ALL PUBL IC UT :LITY EASEMENTS THAT MAY BE SHOWN AND NOTED ON A THE CONDOMINIUM MAP TO BE RECORDED UPON SUBSTANTIAL COMPLETION OF THE PROJECT. EXECUTED THIS - DAY OF , 2012 -10 1- OWNER 0 10 20 , ** ~~~ G~~*~1~ STATE OF COLORADO ) ) SS ELEVAt ION HELD COUNTY OF PITKIN 3 THE FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS 1 LEGEND AND NOTES DAY OF , 2012, BY WITNESS MY HAND AND OFFICIAL SEAL. SURVEY MONUMENT 1.5- DIAMETER ALUM DISK 25947 FLUSH WITH GRADE ~ MY COMMISSION EXPIRES: NOTARY PUBLIC UTILITYCO~TROL ~ A5PEN GPS MONUMENT SURVEYOR'S CERTIFICATE t>,-~ No. 5, EL-7910.748 1, JOHN HOWORTH, A REGISTERED LAND SURVEYOR, HEREBY CERTIFY THAT IN APRIL, POSTED ADDRESS -422- 1~ - ~ 2012 A SURVEY Or THE HEREIN DESCRIBED PROPERTY WAS PERFORMED UNDER MY OVERHANG SUPERVISION AND DIRECTION IN ACCORDANCE WITH COLORADO REVISED STATUTES 1973 TITLE 38, AATICLE 51, AS AMENDED FROM TIME TO TIME, AND THAT THIS TITLE INFORMATION FURNISHED BY: 1 C , SUBD IVISION #LAT ACCURATELY AND SUBSTANTIALLY DEPICTS SAID SURVEY THE ERROR OF CLOSURE IS LESS THAN i: 15,000. RECORDED EASEMENTS RIGHtS-OF-WAY PITKIN COUNTY TITLE, INC. i / AND RESTRICTIONS ARE THOSE SET FORTH IN SECTION 2 OF SCHEDUCE B OF THE TITLE CASE NO. : PCT2066845 1 ~ Bio C ~r DATED: JULY 24, 2006 · 4/ COMMITMENT i SSUED BY Pi TKIN COUNTY TITLE, INC. AS CASE NO. PCT20668LS. 20.90. R.O.w . PAVED 8 8 JOHN HOWORTH PLS 25947 DATE PLANE 4/ WATER LINEIN HYMAN AVE . ALL OTHER UT ILITIES IN ALLEY , 7973,6 t. SIGNED: 7912.9 BUILDING, FACIA AND SIGNS ENCROACH INTO HYMAN AVE. R.O.W. 60. /0· ,3/ T *TI C PrOT I r 1 0/TE ELEVATIONS BASED ON CITY GPS MONUMENT 0-159 EL-7906.67 ELECTR IC AND Com ' i ' 1 L L un n I I r I u /1 1 C EASEMENT 800K 316 PAGE 714 N 75 1929 NVGD, PROPERTY SUBJECT TO 'MAi N STREET VIEW PLANE° t THIS VIEW PLANE APPEARS TO BE ENCROACHED UPON A THE UNDERSIGNED. A DULY AUTHORIZED REPRESENTATIVE OF PITKIN COUNTY TITLE, .¥89 viEw - CERTIFY THAT THE PERSON LISTED AS OWNER ON THIS PLAT DOES HOLD FEE SIMPLE INC. REGISTERED TO DO BUS!NESS IN PITKIN COUNTY, COLORADO, DOES HEREBY 30.09' / 7912.6 SPOT ELEVATION ~ PLANE TITLE TO THE WITHIN DESCRIBED REAL PROPERTY, FREE AND CLEAR OF ALL LIENS 7975.3 EXCEPT FOR THE LIEN OF THE MORTGAGEE NAMED HEREON. ALTHOUGH WE BELIEVE ZONED: CC (COMMERCIAL CORE) WITH HISTORIC OVERLAY SET NO SETBACK REQUIREMENTS FRONT, SIDE, REAR THE FACTS STATED ON THIS PLAT ARE TRUE, THIS CERTIFICATE IS NOT TO BE CONSTRUED AS AN ABSTRACT OF TITLE, NOR AN OPINION OF TITLE NOR A GUARANTEE OF TITLE, AND IT IS UNDERSTOOD AND AGREED THAT PITKIN COUNtY TITLE, INC. THIS PROPERTY IS SITUATED IN ZONE -X- (AREAS DETERMINED (1 NEITHER ASSUMES NOR WILL BE CHARGED WITH ANY FINANCIAL OBLIGATION OR TO BE OUTSIDE 500-YEAR FLOOD PLAIN) AS SHOWN ON FLOOD LIABILITY WHATSOEVER ON ANY STATEMENT CONTAINED HEREIN. INSURANCE RATE MAP PREPARED BY F.E.M.A., FOR PITKIN 0 7913.0 COUNTY COLORADO, COMMUNi TY-PANEL NUMBER 08097C0204 C, / STAIRS/PATIO CONC. EFFECTIVE DATE: JUNE 4, 1987 ~ ENCROACH ~ PARK/NG PITKIN COUNTY TITLE, INC. / SHED /0.6 ~ 60!E HOPKINS THIS PROPERTY LIES ENTIRELY !NSIDE OF THE CITY OF ASPEN, CO 8!611 -b ASPEN MUDFLOW HAZARD AREA AS DEFINED BY THE CITY 4 DATE: OF ASPEN MASTER DRAINAGE PLAN, PROJECT NUMBER 1963, 2 FIGURE ES-15. - - ~ENCROMCHES 'ta OOF STAIRS COOLER 2 7934.6 4 STATE OF COLORADO ) 1 SS COUNTY OF PITKIN ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS -' DAY 7 - oF . , 2012, BY , AS OF PITKIN COUNTY TITLE; INC. 1 h Rk NOTARY PUBLIC 26.2 WITNESS MY HAND AND OFFICIAL SEAL. f . MECHANICAL/UTILITY Z HATCHED AREA MY COMMISSION EXPIRES: COMMUNITY DEVELOPMENT DIRECTOR'S APPROVAL NI § UILDING ENCROACHES 0.1./- THI S RE-SUBDI V I SI ON PLAT OF THE DUV i KE CONDOMI Nj UMS WAS REVi EWED AND APPROVED BY THE DIRECTOR OF THE COMMUNi TY DEVELOPMENT DEPARTMENT OF THE CITY OF #- ASPEN, THi S DAY Op 20!2. Z ASEI JOB O 2 NO. 33063 1 652 w € CHRIS BENDON ' 39 2 ~ 1. 22 MORTGAGEE CONSENT TWO s'I'OR.'r e p THE UNDERSIGNED, BEING THE HOLDER OF A DEED OF TRUST RECORDED MAY 30, 2006 AS r RECEPTION NO. 524501, AND A DEED OF TRUST RECORDED MAY 30 2006 AS RECEPTION · . ~ / 2 2 - LU 4-2 0 NO. 524602, P i TKi N COUNTY, COLORADO ON THE HEREIN DESCR ! atiD PROPERTY DOES f BUILDING HEREBY CONSENT TO AND APPROVE OF THE RECORDING OF THIS RE-SUBDIVISION PLAT SIGN ENCROACHES WITH BASEMENT 3 AND THE MATTERS SET FORTH HEREi N. ~ DAY OF ~ DATED TH\% . , 2012. '9 ALPINE BANK 2 BY: NAME ~ f , \-SILL 7913,2 £TS; T\TLE 8.2 -1 STATE OF COLORADO ) 2 j COUNTY OF PITKIN ) YELLOW CAP - THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY -e FLUSH WITH PAVERS OF , 2012, BY , AS li OF PITKIN COUNTY TITLE, INC. Na WITNESS MY HAND AND OFFICIAL SEAL. '09 11-W 120.36 MY COMMISSION EXPIRES: '09',It W BASIS OF *09'It'E 1 1 NOTARY PUBLIC CITY ENGINEER'S APPROVAL BEARINGS 23.9 THIS RE-SUBDIVISION PLAT OF THE DUVIKE CONDOMINIUMS WAS REVIEWED AND APPROVED 4 7912.7 A ~ SET BY THE CITY ENGINEER OF THE CITY OF ASPEN, THIS DAY OF 1 ENTRY VIEW 2012. 1 PLANE TPE 7912.9-/ S 75 ENTRY 7985.2 TRICIA ARAGON, CITY ENGINEER 1 VICINITY MAP VIEW 30.09 PLANE i j 7983.7 ROOF SET CITY COUNCIL APPROVAL 1 1 --~<*.1_af0~¤m:41 Ij 7938.7 7913.5 COUNCIL OF THE CITY OF ASPEN BY ORDINANCE NO. , SERIES OF '· THIS RE-SUBDi VISION PLAT OF THE DUV IKE CONDOMINIUMS WAS APPROVED BY THE CITY ¥ 1 --*.-- -=,£9FJR-*, Cl=~522»49 : li - eyAfAN FLUSH WITH CONC. RECEPTION NO. PITKIN COUNTY, COLORADO. THIS RE-SUBDIVISION PLAT 1 YELLOW CAP ADOPTED ON 2012 AND RECORDED ON 2012 AS 1 . e SE CORNER BLOCK 88 oF THE DUVIKE CONCOMINIUMS WAS REVIEWED AND APPROVED BY THE CITY COUNCIL OF ..1.'*2>- 4, t£4.€9 2 1 Ne-#9:-1-=' &~I-JIL THE CITY OF ASPEN THIS DAY OF 2012 74.80 N U 2 AfAL £ AS RECEPTION NO BY: . Allp t MICHAEL C. IRELAND, MAYOR % 1 f R.O.* ATTEST: It -- c~SU<ke'Af KATHRYN KOCH, CITY CLERK t .. CLERK AND RECORDER CERTIFICATE 7/ THIS RE-SUBDIVISION PLAT OF THE DUVIKE CONDOMi NIUMS WAS ACCEPTED FOR FILING IN 4 + OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO AT O'CLOCK _____. M., AT THIS DAY OF 2012, AND WAS DULY j i 1*k.zi- ; RECORDED i N PLAT BOOK AT UN« 610-42 ~'>~~~~~~~~~ , CLERK AND RECORDER ---L I d. --y Lf' 6- 'r»·... cCE-1,*9uj Ac»13-3 ¢ PREPARED 9¥ '' f U i RECEIVEDASPEN SURVEY ENG I NEERS, INC. 4 APR 2 4 2012 210 SOUTH GALENA STREET 4.{ CITY OF ASPEN ASPEN, COLORADO 81611 COMMUNITY DEVELOPMENT PHONE/FAXX9701,925-3816 / NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL. ACTION BASED UPON ANY DEFECT ON THIS PLAT WITHIN THREE YEARS DATE JOB AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION 04/i 2 10100B BASED UPON AMY DEFECT I N THIS PLAT SE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON . THE %NA%'~T ION Is vol D 11 NOT WET STAMP ~I TH THE SEAL OF THE . 0 , t . . 8 *00 PLANTER j•4t•*. - too.00' ENTRY 000000 0, ' 01//3 -- W. 5/. ·- Cill/Z//0 -- P. 300./....OVO ....WOO. ; ENTRY 4-144'. 1