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HomeMy WebLinkAboutLand Use Case.616 E Hyman Ave.0030.2012.ASLU THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0030.2012.ASLU PARCEL ID NUMBERS 2737 182 12 005 PROJECTS ADDRESS 618 E HYMAN AVE PLANNER JEN PHELAN CASE DESCRIPTION CONCEPTUAL REPRESENTATIVE HAAS LAND PLANNING DATE OF FINAL ACTION 2.13.13 CLOSED BY ANGELA SCOREY ON: 7/3/13 2-13-7 - \ 2 - coos - o 2a12• L File Edit Record Navigate Form Reports Format Tab Help 1 �' ► � Jump 1 ju Routing Status I Fees Fee Summary Main Actions `Attachments I Routing History I Valuation I ArchjEnq I Custom Fields Sub Permits 1 1 Lp aslu Aspen Land Use p 00302012.ASLU Address �81 fi E HYMAN AVE Cky ASPEN a CO 7jp 81611 Permt kivrriatbnn Master permit E== Roudngq aslu07 Applied 5�1l2012 (� Status pending Approved i Project I I I Description 7REVIEVV PPLICATION FOR CONCEPTUAL COMMERCIAL DESIGN STANDARD Issued C� Closed fta l Submitted HAAS LAND PLANNING 9251819 Clock Running Days Expires 4t2fit2013 j Submitted via Owner Last name FURNGULF LTD First name 616 E HYMAN A4+E j ASPEN CO 81611 i Phone O Address v, I Applicant I Owner is applicant? ❑Contractor is applicant? Last name HAAS LAND PLANNING LL( First name 201 N MILL ST STE 108 Phone f 970)925 7819 Cust# 25346 Address ASPEN CO 8161 1 t i Lender Last name First name o Address Phone O i Displays the permit lender's address spenGoldb(server) angelas _ 1 of 1 :;I RECEP' 1#: 593786, 11/08/2012 at 09:57:51°:A, 1 OF 11, R $61.00 Doc Code RESOLUTION Janice K.Vos Caudill, Pitkin County, CO RESOLUTION NO. 20 (SERIES OF 2012) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING CONCEPTUAL COMMERCIAL DESIGN REVIEW FOR A REMODEL AND ADDITION CONSISTING OF COMMERCIAL AND RESIDENTIAL SPACE FOR THE PROPERTY LOCATED AT 616 E HYMAN AVE, LEGALLY DESCRIBED AS LOTS N & O, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 273718212005 WHEREAS, the Community Development Department received an application from Furngulf LLP, represented by Mitch Haas, Haas Land Planning LLC requesting of the Planning and Zoning Commission approval of Conceptual Commercial Design Review to remodel the existing building and add a third floor addition for a project that will include a mix of commercial space, affordable housing, and free-market residential; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended the Applicant amend the proposal to better comply with the Commercial Design Standards with regard to height and for the Planning and Zoning Commission to approve the application with conditions; and, WHEREAS, during a duly noticed public hearing on October 16, 2012 and continued to October 30'h, the Planning and Zoning Commission approved Resolution No. 20, Series of 2012, by a six to one (6 —1) vote, approving Conceptual Commercial Design Review; and, WHEREAS, the Planning and "Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment;and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN,COLORADO THAT: Resolution No.20, Series 2012 Page I of 3 Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves Conceptual Commercial Design Review with the following conditions: A. The Subdivision and Final Commercial Design Application shall include a third story addition not to exceed 38 feet in height, as represented in the attached exhibit. B. All other underlying dimensional requirements, except for height, shall be met at Final Commercial Design Application. C. The existing Public Amenity space is approved at 430 sq. ft. Drawings illustrating the Conceptual Commercial Design Review are attached as Exhibit A to the Resolution. Section 2: Engineering The applicant shall address compliance with the City's Urban Runoff Management Plan as part of the Subdivision and Final Commercial Design Review. Section 3: Parks Any changes to the Public Amenity, shall be reviewed and approved by the Parks Department as part of the Final Commercial Design Application. Section 4: General The applicant shall comply with all applicable City of Aspen Codes. Nothing in this conceptual approval negates the Applicant's requirements to meet other sections and requirements of the Municipal Code. Section 5• All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 6• This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Resolution No.20,Series 2012 Page 2 of 3 Section 7: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 30th day of October,2012. APPROVED AS TO FORM: PLANNIN AND ZONING C I S N: Deb Quinn,Assistant City Attorney J Orspamer,Ch 'r . f ATTEST: �12—e Lothian,Weputy City Clerk Exhibit A: roof plan, sections and perspectives Resolution No.20, Series 2012 Page 3 of 3 I X a>' ALLEY HYMAN STREET g i I ROOF PLAN 616 E. HYMAN REDEVELOPMENT 616 E,HYMAN AVENUE ASPEN,COLORADO 81611 SCHEMATIC DESIGN ROOF PLAN pOSS ARCHITECTURE+PLANNING O n(y +rte°^- ---- -- - -- - - - ------------ i �3 ALLEY HYMAN STREET e� i �F 58 u i BUILDING SECTION-NORTH/SOUTH 616 E. HYMAN REDEVELOPMENT pOSS ARCHITECTURE+PLANNING 616 E.HYMAN AVENUE ASPEN,COLORAD081611 SCHEMATIC DESIGN : BUILDING SECTIONS 1013OV12 III' 4= r e M` n23 W BU.,ILDING SECTION-EASTANEST a 616 E. HYMAN REDEVELOPMENT 616 E.HYMAN AVENUE ASPEN,COLORADO 81611 POSS ARCHITECTURE+PLANNING SCHEMATIC DESIGN : BUILDING SECTIONS 9q .n. Om.L S;a9R 1013- -_ ii .z. �,�.: _ F �;: Y r �._% �q do-' �.. .f�$i c.'9 y r Y: �-�n w ,i; e F1' 11 ,,aLL• �x 9 ,.� ,.;t..y S}�.. ySa�' 4 4 � '.:,. t Y ,r� �" �i •.°,: � ; p.:�;, r �v,�� t�x ,c.;._, �,'mw'a�' .,!� `,h�,w��aya:�,�--Fa �� � � _ •� ?` �� �. t r ' Ross ARCHIMfl1Hk:+PLANNING INIE,RIOR OESIGN sit i i Hyman St. Rendering 38' Parapet 177, October 16, 2012 . a 1 YI y - Aerial Rendering 1 October 30, 2012 10 >k X §\. . .. § yam _\� > .�\ . . \. � . . ■ . | . , - - @ � ■ - ^ @ $ s k ALLEY eg HYMAN STREET B 6� -(;1 BUILDING SECTION-NORTH/SOUTH_ � u� 616 E. HYMAN REDEVELOPMENT 616 E.HYMAN AVENUE ASPEN,COLORADO 81611 pOSS ARCHITECTURE;PLANNING SCHEMATIC DESIGN : BUILDING SECTIONS �¶ Regular Meeting Aspen City Council December 3,2012 616 E. HYMAN AVENUE - Conceptual Commercial Design Call Up Jennifer Phelan, community development department,told Council this project was reviewed and approved by P&Z in October for expansion and remodel of a building for the same ground floor footprint, and expanded second story and a new recessed third story. A maximum height of 38' was approved for a portion of a third story. Ms. Phelan told Council staff recommended a maximum height of 36'; P&Z granted up to 38' as permitted in the land use code. Ms. Phelan said P&Z's decision was in accordance with the code and with the land use criteria. Ms. Phelan told Council they may accept P&Z's decision, may remand it back to P&Z with direction, or may continue the item for additional information. Councilman Torre said he wanted this called up because of the architectural features from ground through the second floor. Councilman Torre said his concern is not particularly this building but a development pattern in general, which is the use of glass as a material. Councilman Torre said he thought the design guidelines would look for more traditional development rather than vertical lines up two stories. Ms. Phelan pointed out conceptual review is for height, mass, placement of the building. Materials are not discussed at conceptual. There are guidelines regarding materials, type of materials, fenestration, and these were not discussed at conceptual but will be discussed at final review. The conceptual is to review whether the footprint is working,the height, massing, and setback and the skin is discussed at final. Councilman Frisch questioned waiting to final to bring up details that may be of concern to Council. Councilman Torre agreed Council should review their review to make sure the sequence is correct. Councilman Torre moved to accept P&Z's decision to grant conceptual commercial design; seconded by Councilman Frisch. All in favor, motion carried. ORDINANCE#35, SERIES OF 2012 - .3% Sales Tax—Education Councilman Johnson moved to read Ordinance#35, Series of 2012; seconded by Mayor Ireland. All in favor, motion carried. ORDINANCE #35 Series of 2012 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING SECTION 23.32.0606(a), 23.32.060(c) AND 23.32.070(a) OF THE MUNICIPAL CODE OF THE CITY OF ASPEN TO IMPOSE A NEW 0.3% SALES TAX FOR EDUCATIONAL PURPOSES AND TO CODIY OTHER RECENLTY ADOPTED MEASURES Don Taylor, finance department, told Council staff is in the process of negotiating the IGA. 7 MEMORANDUM TO: Mayor Ireland and Aspen City Council FROM: Jennifer Phelan, Deputy Planning Director THRU: Chris Bendon, Community Development Director RE: Call-up of P&Z approval of Conceptual Commercial Design Review: 616 E. Hyman Ave., P&Z Resolution No.20, Series of 2012 MEETING DATE: November 26, 2012 COUNCIL REQUEST: On November 121" City Council voted to call up the P&Z approval of Conceptual Commercial Design Review to remodel the existing building with an expanded second floor and new third story. 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 P&Z. The City Council shall conduct its review of the application under the same criteria applicable to the P&Z. City Council may take the following action: 1. Accept the decision. 2. Remand the application to P&Z 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 Commission, the rehearing and reconsideration of the application by P&Z is final and concludes the call up review. Substantial changes to the application outside of the specific topics listed in the remand to P&Z 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 will be subject to Growth Management reviews by the Planning and Zoning Commission to create a free market residential unit, and affordable housing unit and increased Commercial net leasable space on the property. Subdivision review by Planning and Zoning and City Council is also required. BACKGROUND: P&Z granted approval to expand the existing second story and build a new third story on the building. The existing building sits on a_6,0.00 square feet lot and is located approximately at the center of the north side of the block face of Hyman, between Hunter and Spring Streets. The existing building includes one common street entrance with commercial space in the basement, ground and second floors. There is a second floor deck on the building, head-in parking along the alley, and a planted public amenity space along the front fagade at the southwest corner. The applicant proposes to remodel and expand the existing building. The building would include commercial space on the basement, ground, and second levels, an affordable housing unit on the second floor, and a free-market residential unit on the third floor. Specifically, the footprint will stay the same on the ground level, expand property line to property on the second level (replacing a street facing deck and cantilevering over the current parking area), and add a new, recessed, third level with an accessory deck along the front fagade and rear facades. The proposed building height is 38 feet. After two public hearings, P&Z recommended in favor of the design review with conditions by a vote of 6:1. DISCUSSION: Council raised concerns about the height and potential materials being proposed by the Applicant. Conceptual Commercial Design review generally addresses height, mass and scale. Final Commercial Design review focuses on building design and articulation, including materials. At Conceptual Commercial Design Review, staff recommended that the Commission require the proposed third story to be no greater than 36' in height. A building may be permitted to be greater than 36' up to 40' in height through design review. The intent of the building height design guidelines is to reinforce the character of the Commercial Area which has a range of heights throughout the area and to prevent the development of one long cornice line along the block. It was staffs opinion that with the third story setback from the fagade, the building will generally read as a two story building and height variation is achieved between the subject building and its neighbor to the east. The Planning and Zoning Commission felt that the height increase was appropriate for this property and the context of the block and granted the building height to be up to 38 feet. Staff finds that the P&Z conducted their reviews in accordance with the Code and the Design Guidelines. With regard to materials, this issue is reviewed at Final Commercial Design review when issues of street level character, floor stature, transparency, and storefront deign are discussed. It is often hard to separate the mass and scale issues from the materials issue when presented with what appears to be a polished design but there is still opportunity for the applicant to submit a modified "skin" on the mass of the building at Final Commercial Design review. RECOMMENDATION: Staff recommends that Council accept P&Z's decision. RECOMMENDED MOTION(ALL MOTIONS ARE WORDED IN THE AFFIRMATIVE): "I move to accept P&Z's decision to grant Conceptual Commercial Design." CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A: Approved Plans Exhibit B: HPC Resolution 20, Series 2012 Exhibit C: Minutes dated 10.16.12 Exhibit D: Minutes dated 10.30.12 r J I • �." INTERIOR"CEILING - - HEIGHT:TV-6' - '.. l ALLEY U HYMAN STREET INTERIOR CEILING INTERIOR CEILING HEIGHT:9-0' HEIGHT:10'-0' I C a ROOf PLAN nzo ,•.� 616 E. HYMAN REDEVELOPMENT 616 E.HYMAN AVENUE ASPEN,COLORADO 81611 pOSS ARt,I F( II Ri PI ANN N„ SCHEMATIC DESIGN ROOF PLAN o 41,:da2,'FfiYWk•,. 10/30112 p ALLEY HYMAN STREET _ n r - ii inn i t i i i i- r r i i � iri n -T F 'fir a ii rn - r ua err iii i �inui�u i°_� iii . rrJ iiir "r nii. — r i uii i i i rn nir— i rr ii Zn ii niT i rc F� �r1 BUILDING SECTION-NORTH/SOUTH azr "•.� 616 E. HYMAN REDEVELOPMENT 616 E.HYMAN AVENUE ASPEN,COLORADO 81611 pOSS ARCFrITECTU(t[ PIA.NNING SCHEMATIC DESIGN BUILDING SECTIONS lv o... ............ 711 w — j ALLEY HYMAN STREET W AN u ,r i i''j _ imiii - n it it Z` lu I. , Ira=u ,i ai li II Il l L1 r r , rr r --i ri i iri r i i i i r q r a a- u o E� iiri 1,IF m, u IFIII , r E , UI BLDIN G SECTION-NORTH/SOUTH II azz 616 E. HYMAN REDEVELOPMENT 616 E.HYMAN AVENUE ASPEN,COLORADO 81611 pOSS AR!:N1TFC?11JRE PI:fl.NNIN SCHEMATIC DESIGN . 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')i • '^fGI 4"�" � . t Jy ::� :..., .t �� • �± �. �i� \ l { . .- t 5. .• � •• M�' r. �b ,:1;' _,;� •.,.._ �� M n.�. u�1._,_ p o s s T R ESINIOR DGPLANNING 4 v Aerial Rendering 1 October 30, 2012 N -o 0 CO) C/! rm rn � ca CD rn � rn Z7 � CD ems, CD 0^Q O ` O - CD �Jl� - O O N ex"IT T> RESOLUTION N0. 20 (SERIES OF 2012) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING CONCEPTUAL COMMERCIAL. DESIGN REVIEW FOR A REMODEL AND ADDITION CONSISTING OF COMMERCIAL AND RESIDENTIAL SPACE FOR THE PROPERTY LOCATED AT 616 E HYMAN AVE, LEGALLY DESCRIBED AS LOTS N & O, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Pamet ID WHEREAS, the Community Development Department received an application from Furngulf LLP, represented by Mitch Haas, Haas Land Planning I,I,C. requesting of the Planning and 'Zoning Commission approval of Conceptual Commercial Design Review to remodel the existing building and add a third floor addition for a project that will include a mix of commercial space, affordable housing, and free-market residential; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended the Applicant amend the proposal to better comply with the Commercial Design Standards with regard to height and for the Planning and Zoning Connnission to approve the application with conditions; and, WHEREAS, during a duly noticed public hearing on October 16, 2012 and continued to October 30"', the Planning and Zoning Commission approved Resolution No. 20, Series of 2012, by a six to one (6 _..-1) vote, approving; Conceptual Commercial Design Review; and, WHEREAS, the Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Cotnnlunity Development Director, the applicable referral agencies, and has taken and considered public comment; and, WHEREAS, the Planning; and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent Nvith the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission finds that this resolution hrrthers and is necessary for the promotion of'public health,safety, and welfare. Resolution No,20, Series 2012 Purge I of 3 lad Section 7: It any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 30th day of October, 2012. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: Defy Quinn,Assistant City Attorney LJ Erspamer, Chair ATTEST: Jackie Lothian, Deputy City Clerk Exhibit A: Rcsoluiion No, 20, Scries 2012 Pxge 3 of 3 I�!)J Cx%virvC,,,. Regular City Planning & Zoning Meetin:7— Minutes October 16, 2012 were 2 to 3 months ago. Stan Gibbs said that he was having a hard time with this particular process; if you want 12% fine let's just have a resolution that says 12%. LJ said 12% onsite and a cantilever up to 3 feet and that is acceptable; he said that he was willing to change his vote now with 12%2% and they mitigate that other %2 MOTION.- Ryan Walterscheid moved to approve the proposal in f•ont of us with the additional leeway that if any cantilever of the 2"d and 3'-d floors extends out to 3 feet and no less than 12%2% public amenity space on site for 601 E Hyman. Cliff Weiss seconded. Roll call vote: Stan Gibbs, no; Ryan Walterscheid, yes; cliff Weiss, yes; LJ Erspamer, yes. APPROVED 3-1. Public Hearing: 616 » Hyman — Conceptual Commercial Design Review_ LJ Erspamer opened the public hearing for•616 East Hyman— Conceptual Commercial Design Review. Jenifer Phelan supplied legal notice as Exhibit F to the staff memo and Debbie Quinn has reviewed it. Jennifer said it was the same block as the project that preceded this application; the applicant is Furngulf LLP. Jennifer said the representative was Mitch Haas of Haas Land Planning and the property is in the C-1 Zone District on a 6,000 square foot lot. The application is to add, expand and remodel the existing building; the existing building is 2 stories with a basement and contains commercial net leasable space. The second story is setback from the front fayade of the I" story and there is existing public amenity space on the southwest corner of the property and parking in the rear along the alley. The proposal will use the existing footprint on the basement and I" floor and expand the second floor lot line to lot line and include 1 affordable housing unit on the 2nd floor and 3rd floor free market unit. The rear of the building will be redesigned to include a trash area and code compliant parking spaces. Jennifer stated it was under the floor area allowance of 2.5 to 1, which is 15,000 square feet; it is also under the floor area caps for commercial and affordable housing and making sure the free market unit will also be under the floor area caps. Jennifer said that conceptual commercial design review focuses on a number of aspects: the street and alley system, where the building should be parallel to the street with the primary entrance toward the street. The proposed building meets these guidelines and the site currently contains existing public amenity space that is approximately 7% or 430 square feet and it is permitted to be maintained; the design meets the guidelines because it is street facing and subordinate to the 9 Regular City Planning & Zoning Meeting—Minutes October 16, 2012 building front. Jennifer said with regard to building placement the building is not changing; it maintains the ground floor footprint which meets the guidelines. Jennifer used power point to show the trash and utility areas; the guidelines request the area be laid out linearly adjacent to the alley and this is rotated and slightly smaller than what is required but it was reviewed by the Environmental Health Department and they feel this is providing adequate space for trash and recycling need of this building so this will be recommending approval by community development. Jennifer said with regards to building height, mass and scale most of the 2"d story is at the property line the only part of that setback is beyond the footprint of the public amenity space; the 3rd story is setback approximately from the front of the fagade of the building. The building as proposed today is approximately 40 feet at the highest point along Hyman; currently the C-1 Zone District allows for 36 feet which may be increased through Commercial Design Review to 40 feet. Staff doesn't believe the increase in height for the 3rd story is warranted; the building is not a civic building so the overall recommendation is at final Commercial Design to bring down the height to not exceed 36 feet. Cliff Weiss said he was trying to understand the grandfathering of public amenity space; they are maintaining a part of the building. Jennifer replied that they are maintaining the ground floor and basement and consider it legally established and conforming; if they were scraping the whole property then it would trigger a review at the current requirements. LJ said he had the same question; if I change out a sink and the building inspector comes in and requires everything to be brought up to code; why is that different. Jennifer answered that is not true; if you go in and have non-conforming stairs you can replace them but you are not required to change the egress of that stair. Ryan stated that it is only if you touch it. LJ said he misunderstood his friend. Cliff said that on pages 4 & 5 of the memo the height of each floor since you are recommending that we reject because the overall building is above 36 feet. Jennifer said 2nd and 3rd stories are 9 feet high and at final is when you are talk about height levels. Bert asked how does the trash level change this. Jennifer replied that this will go to Special Review at final commercial but she already spoke to Environmental Health about the trash area because the dimension was supposed to be 20x10 and we are looking at l 9x8; so it is a pretty minor difference. Bert asked if it was something that we could change our code to match. Jennifer replied it was something that they could look at. 10 5-5 Regular City Planning & Zoning Meeting— Minutes October 16, 2012 Ryan asked after we review today where does this go. Jennifer responded well it gets a call up to Council had hopefully it will not be remanded back to you and then you will see it again for Growth Management and Final Commercial Design, Growth Management is for an allotment for the free market and the square footage of the Commercial and Subdivision because you are creating multiple units. Ryan said then it goes back to Council for subdivision. Cliff said Jennifer Number 2 of your recommendations and he gets the height but not the rest. Jennifer said the height is one dimensional standard, the setbacks are any; she said that Mitch and she have been working together and there is a little bit of difference in the free market floor area so it will need to be rectified. LJ said the 2°6 floor was lot line to lot line; does that mean it overhangs. Jennifer said it was cantilevercd except for the amenity space. Mitch Haas introduced Les Rosenstein, Andy Wisnowski and Bill Poss. Mitch used power point to show the neighborhood; their building which was in the middle of the block. The building will cantilever over the back and it doesn't change the footprint on the ground level. The walkway to the back door was wider than it needed to be so we expanded the trash service/utility into that area so they are at 8.11 feet by 20 feet. The entrance atrium stays there and the fichus tree and the egress is met on that level with a stairwell in the back through a hallway. The elevator shaft will be reworked to it is a true elevator. Mitch said the first floor stays the same building footprint but the interior will change for better circulation. Mitch said the 2"d floor is being extended forward for additional commercial space so it will be a 2 story fagade in the front and in the back extended out to include a 930 square foot livable area deed restricted employee unit; it is expected to be a 2 bedroom employee unit with a deck. For the 3'd floor there is an entry lobby, elevator and stairs. The 3rj floor is setback 27 feet from the front fagade of the building and the next wall sets back even further at 31 feet back from the front and the courtyard door is further back. Mitch said the recessed P floor is to decrease the perceived mass, scale and height. Andy pointed out in the plan the 40 foot section in a limited area in the very small part in the middle zone almost in the geographic center of the lot and it has been setback from the property on the east side. Mitch showed the west elevation next to the Cunniffe building. Andy clarified that this is the profile of the neighboring building and their building is the dashed lines. Andy said the canopies setback as they provide shading and a visual barrier to the higher section of the roof which is back behind. I1 Regular City Planning & Zoninil Meeting—Minutes October_16, 201 Jasmine said the screen canopy wall on this drawing it looks as though they are angled; they are not perpendicular to the street, is that correct. Andy replied that was correct. Andy said architecturally this is probably the most diverse block starting with the Crandall Building and the new Art Museum; they wanted to respect the historic storefront grid system on the street but provide something a little more unique on the upper level visually because a lot of the buildings on this block have become boxy looking. Jasmine asked how tall the chimney was. Andy answered about 3-4 feet above the parapet. Jasmine asked if in the C-1 District was a restaurant use still a conditional use or would that be a permitted use. Jennifer replied it was permitted. Jasmine said one of the uses in this building could be a restaurant. Jennifer said it could be. Cliff asked if there was a chimney now. Andy replied no, this was part of this design. Cliff asked if it would be wood burning or gas. Andy responded that it would be gas but they were real similar in the constructability; they are required to be the same construction as the log. Cliff inquired about the public amenity space. Mitch said it was a nice flower garden in the summer and it was 22 feet by 19`/z feet. Cliff asked for the justification for a 13 to 17 foot 3`d floor. Mitch said a lot of that was not in the flow; we have a parapet wall that helps to screen things that go on the roof that no one wants to see and the parapet was 1'/2 feet. MOTION: Bert 1Myrin moved to extend the meeting to 7:15 pm for 616 E Hyman, seconded by Stan Gibbs. I opposed (Jasmine). APPROVED. Stan Gibbs asked how far the overhang of the building goes. Mitch said the canopy comes over here to the same area as the deck, so that is about 16 feet back from the front fagade or 101/2 feet from the wall. Stan asked if this was 13.5 feet in that just a design element. Andy replied that it was their anticipation that wall would be the living area but from an architectural perspective in lieu of the flat roof syndrome we were trying offer some variety to the upper level to give it some interest. Bill Poss said there was a 57 foot museum across from it. Bert said page 17 of the staff memo talks about the street facing amenity space. Jennifer said it was landscaped public amenity space so that did not meet the guideline. Bert asked on page 19 what criteria are we supposed to use to justify raising the height. Mitch replied they were going with the new building or variation of building height in the Commercial area and did not want to vary roof heights. Mitch said that the I" and 2°d story already had the floor to ceiling heights and they were just adding a 3 d floor that was setback and had screen canopies and 12 Regular City Planning& Zoning Meeting— Minutes October lb, 2012 varying the roof heights and they were working with a remodel of an existing structure. Cliff asked how the parapet varies. Les answered it varies from 38 to 40 feet in different areas of the roof. No public comments. Commissioner Comments: LJ said that he was not a fan of modern contemporary but this was a great design but the height could be kept at 36 feet and doesn't see the hardship where it should be. LJ said the parapet creates so much mass from the sidewalk and would like to see that brought back. Cliff had a problem with the height and whether you could achieve more variance in height by not having that unit on top with 13 foot ceiling; a 10 foot ceiling is a pretty good ceiling even for upscale. Cliff said that you would be in the code; if you said you would give me double the public amenity space then I would reconsider but everything staying the same. Cliff said there is no reason for this to be that high except to give some upscale new tenant way more height then they really need. Cliff was looking for 2 things getting the overall height of the building down; he can't vote for this while there is no justification for the height. Les asked if he would be dropped down to 38 feet. MOTION: Stan Gibbs moved to extend the hearing on 616E Hyman to 7:30 pm; seconded by Ryan Walterscheid. LJ opposed. APPROVED. Ryan said that going to 38 was a good compromise; he said that you would have a flat roof would be at 36 but he would go with the 38 feet. Stan said the canopy was setback but was still bothersome to him as does the height; he didn't see the justification for going above 38 feet. Cliff asked Jennifer if it was possible for them to be at 36 feet under the code. Jennifer said the finished floor is for the 2nd to the third level is at 23 feet according to these drawings so you are adding 10 feet so you are at 33 feet so you have 3 feet for mechanical to get to 36 feet. Les said if you force us down to the 36 feet we end up with a flat roof and we don't want a flat roof that is our whole intention in design, Les said capping at 38 feet. MOTION.- Bert Myrin moved to approve Resolution #20 series 2012 approving Conceptual Commercial Design for the project at 616 East Hyman with the following change on Section I B shall read all dimensional standards shall be met 13 Regular City Planning & Zoning Meeting— Minutes October 16, 2012 except dimensions of the recycling, open space shall remain as presented tonight with shall meet guideline 1.23 if applicant continues to exceed 36 feet for the third story addition; Jasmine Tygre seconded. Bert said the proposal for A is the subdivision and final commercial design application shall address the .._-.b__. of 36 fee__ and replace that with shall meet guideline 1.23 if applicant continues to exceed 36 feet for the third story addition. Bert said that we need criteria to meet that amendment. Bert said the change came from the staff comment on page 19 at the bottom of the box. Ryan said that said they are varying 2 feet from the neighboring building. LJ asked Mitch for thoughts on that. Mitch replied there was a lot more of that standard than what was just printed in the staff memo; there are several more parts to it and part is the Zone District for heights limits which is 40 feet is all about achieving height variation, Jennifer said it is to 36 feet. Mitch said he thought they should come back and address that guideline more specifically. Jennifer suggested the hearing be continued and the applicant look at the 3rd story and show you the floor to ceiling heights and show you different variations in more detail so you have a better understanding of why they are asking for this. Mitch said they could easily live with the portions that are currently that 40 be lowered to 38 and the remainder to be at 36. Jennifer said that we should continue this meeting to the 30`h of October with the expectation that staff will find a date that works with the applicant and with the commissioners. MOTION: Cliff Weiss moved to continue the hearing on 616 East Hyman to October 30th; seconded by Jasmine Tygre. All in favor APPROVED. Adjourned at 7:40 pm. Jackie Lothian, Deputy City Clerk 14 Regular City Planning & Zoning Meeting — Minutes October 30 2012 Continued Public Hearing: 616 E Hyman — Conceptual Commercial Design Review LJ Erspamer opened the continued public hearing for 616 East Hyman — Conceptual Commercial Design Review. Jennifer Phelan noted that this was a continued hearing for 616 East Hyman which was last heard on October 16th and the application was reviewed for conceptual commercial design. Jennifer said the one issue that was not resolved was the building height, since that meeting she asked the applicant to submit sections of the building and a roof plan so the commission could understand better how the building will be built with floor to ceiling heights and floor to floor heights. Jennifer said that was exhibit G of the packet. The roof plan is included on the first page (page 25) with color coding. Jennifer said the elevations were on pages 26 and 27 you can see the actual floor to floor height and the floor to ceiling heights. Staff is still recommending that the building come down to 36 feet rather than the 38 that is being requested. Staff feels that the roof parapet which is 18 inches could be removed and it would reduce the height right there and if you reduced 6 inches floor to ceiling height on the 3rd floor you would be down to your 36 feet. Cliff asked what the commercial core was for C-1 on the 1St floor are we okay. Jennifer said the floor to ceiling heights are a discussion at final commercial design. Jennifer said that we saw one code at the time which did not have a floor to ceiling height but the commercial design standards talk about minimum floor to ceiling heights. Mitch Haas of Haas Land Planning introduced Andy Wisnowski and Les Rosenstein from Poss Architecture and Planning. Mitch said they were at 40 feet on the building height at the highest points of the building and dropped down a little bit. Mitch used power point to show the changes except they were in a mirror image and with Charles Cunniffe's Building next to it and showed the 10 foot piece and the 9 foot. Mitch said the parapet functional purpose as a drainage system and from the street perspective looking up from the street you won't see the parapet; there is a reason that all of the old buildings have parapets because they are an important feature. There is not a parapet on the second story behind the wall because you are recessed back. Mitch reminded the commission that this whole block was going through a Renaissance if you will; the building on the corner was going through a change with a 37 foot height limit; between that building and this building, the Charles Cunniffe Building that was approved by HPC with a 38 foot in the back portion of 1 c3-:::6 Regular City Planning & Zoning Meeting — Minutes October 30 2012 the building. The Crandall Building already has portions of 38 feet and the other side of the street has everything bigger the Garfield Hecht Building is 36 to 38 feet; The Muse building is 38 feet and the Museum is 57 feet. Mitch said if you want to see over that Museum you need to get as far back as you can which is what we have tried to do. Mitch said 1.24 they have followed the letter of this one precisely using one or more of the following; setting back upper floors to vary the building fagade profiles and the roof forms across the width and depth of the building. Mitch said they have set back the upper floor and varied the roof form heights and if we lower the roof to 36 feet it will be a flat roof all the way across the upper 3rd floor. Les showed the next slides where the building drops from 40 to 38 feet; he showed aerial views. Cliff said the 1 st floor is 12 foot from floor to floor, the 2"d floor is 11 foot and the 3rd floor is anywhere from 12 feet. Jennifer said the floor to ceiling heights are from 9 to 11.6 feet and you add 2 feet extra feet for structure so you are going from 11.6 to 13.6 and an extra 18 inches for the parapet. LJ asked if you didn't have the parapet you would be within the code. Jennifer replied it would be 6 inches off; the floor to top of the parapet runs from 12 feet 6 inches to 15 feet depending on the area of the building because there are different floor to ceiling heights on the 3rd floor. Mitch said the qualitative measurement mitigates the quantitative; looking at it the setback, the architecture elements, variation of the roof height takes all of that number that we are focusing on. Andy said that you can see from these images they are not going to be seen. Jim said the issue is 2 feet. Mitch replied right. Jim said staff wants 36. Jennifer replied yes. Jim asked why are you expecting 36. Jennifer said if you look at the design guidelines granting additional range in variation in building they are talking about the street fagade so you don't want every cornice line at the same height on the whole block so you want undulation of different buildings. Jennifer said there doesn't seem the basis for height in granting the additional height variance to meet the criteria in the commercial design standards. LJ said the canopy was at 36 feet. Andy said it was below that and it helps to screen that height to some degree. Stan asked what drove the size of the 3rd floor. Andy replied that floor area controls the size of the area. Stan asked if there was a lot of mechanical on the roof. Andy responded there would be a little mechanical shed in the back and we have mechanical down in the basement. Andy said it was in the roofline section. 2 Regular City Planning & Zoning Meeting — Minutes October 30 2012 No public comments. Commissioner Comments: Jim said that he would support this application with the 38 foot height. LJ asked if the parapet was the just going up or does it have to do with the ceiling. Bill Poss explained the parapet was like a curb on the roof that helps control drainage, helps screen things. LJ said and that was 18 inches high. Mitch said that was correct. Jasmine agreed with Jim because the 38 feet is only going to be for a portion of that top floor and seems to be a reasonable compromise and when you are faced with a monster across the street everything is going to look minuscule. Jasmine said that is not a reason and unlike Jim she really didn't care for the architecture; if there weren't those big panels in front the top the heaviness of the building would be greatly improved. Jasmine said the compromise fits well enough into the code. Stan said we have to look at the intent of these guidelines and look at 1.23 the new building should reflect variation but more importantly it is about the massing that this building presents and there is lots of variation because of the way that this building is designed. Stan said because the building is setback it doesn't make sense that the 3`d floor is set so far back. Bert said he was reading the guideline from the 1.23 which was pretty clear when we can grant height variances is to achieve different levels in heights; primary function of this building is civic; some portion of the building is affected by height restriction where it may be appropriate for affordable housing or demonstrate energy efficiency. Jim said it makes a demonstrable contribution to the building's energy. LJ asked what section of the code were we talking about. Jennifer said it was on page 24 of the guidelines. Mitch said the standard was 1.23 everything below that were guidelines. MOTION: Keith Goode moved to extend the meeting to 7:IOpm, seconded by Stan Gibbs. All in favor. MOTION: Jim DeFrancia moved to approve Resolution 20 approving the conceptual design review for 616 East Hyman shall not exceed 38 feet in height as represented in the attached exhibits; seconded by Jasmine Tygre. Roll call: Stan Gibbs, yes; Keith Goode, yes; Cliff Weiss, yes; Bert Myrin, no; Jasmine Tygre, yes; Jim DeFrancia, yes; LJ Erspamer, yes. APPROVED 6-1. 3 Hz:) Regular City Planning & Zoning Meeting — Minutes October 30 2012 Jennifer said the applicant asked for a second motion to add all other dimensional requirements except for the height shall be at final design review and the existing public amenity space is 420 square feet. MOTION: Jim DeFrancia moved to accept the motion to add all other dimensional requirements except for the height at 38 feet shall be at final design review and the existing public amenity space is 420 square feet; seconded by Jasmine Tygre. Roll call vote: Bert Myrin, no; Keith Goode, yes; Cliff Weiss, yes; Stan Gibbs, yes; Jasmine Tygre, yes; Jim DeFrancia, yes; LJErspamer, yes. APPROVED 6-1. Adjourned at 7:20 pm. Jackie Lothian, Deputy City Clerk 4 Regular Meeting Aspen City Council November 12,2012 RESOLUTION #103, SERIES OF 2012 — South Aspen Street Lodge Proposal Mayor Ireland to continue the South Aspen Street PUD to November 26; seconded by Councilman Frisch Councilman Johnson recused himself. Paul Taddune requested staff or Council help Lift One condominiums better understand the project. Lift One owners have a list of items they would like addressed in order to make more meaningful comments. Chris Bendon said he will forward the letter to the applicant; there is nothing unreasonable in the letter. All in favor, motion carried. NOTICE OF CALL-UP FOR 422 E. COOPER AVENUE Chris Bendon, community development department, told Council this is the poster shop to the east of the Red Onion; the project was reviewed and approved by HPC. This is a proposed 3- story building with the third floor substantially setback at least 40' from the front fagade. Staff does not recommend call up on this. Councilman Skadron asked what role the view plane exemption plays in HPC's recommendation; if this were not granted, HPC could not have found this meets the design review standard. Bendon said view plane regulations allow exemptions if the view is already blocked by another building; exemptions for diminimus intrusions. Councilman Skadron asked if this creates a justification to allow for a non-conformity to be built. Bendon said the code allows for a discussion of the reasonable thing to do; prohibiting someone from exercising their development rights because there is another building in front of them is a conversation about what is reasonable and what is not. Mayor Ireland moved to call up 422 E. Cooper Avenue; seconded by Councilman Johnson. All in favor, motion carried. NOTICE OF CALL-UP FOR 400 E. HUMAN AVENUE Councilman Torre recused himself from this item. Chris Bendon, community development department, said this is the Tom Thumb building east of the Wheeler. Bendon told Council this proposal is a substantial renovation using the existing building and it will remain a two-story building. There will be larger windows. This was unanimously approved by HPC. Councilman Skadron said although he is not opposed to this, he noted Aspen's dark skies initiative and the concern for more light from the interior. Council agreed not to call up 400 E. Hyman NOTICE OF CALL-UP FOR 616 E. HUMAN AVENUE 9 Regular Meeting Aspen City Council November 12,2012 Mayor Ireland disclosed he has represented one of the tenants in this building. Chris Bendon, community development department, told Council the current building is two stories. The proposal is a substantial renovation, using much of the existing structure and adding a third floor, top out at 38 . Bendon recommended this project not be called up. Bendon said the discussion amongst staff is the clarity of the process, not the outcome. Staff made a recommendation of 36'; P&Z had a public hearing and heard from the applicant and from the public and P&Z made a decision 6 to 1 for 38'. Mayor Ireland noted this is on the north side of Hyman. Bendon said the height is set back from the front facade. Councilman Torre said this proposal seems to diverge from historic development patterns and uses of materials, like use of glass. Councilman Torre asked if there is architectural review. Bendon said the design guidelines address transparency and opaqueness. Bendon noted technology around windows and heat has changed. The design guidelines do not try and replicate a period of history but encourage buildings to reflect the architecture of the day. Councilman Torre stated it is Council's responsibility to maintain the character of Aspen. The reason for the call up provision is to allow Council to see what is going on with a case by case basis as well as addressing if the zoning regulations are producing development Council wants to see. Councilman Torre moved to call up 616 E. Hyman Avenue; seconded by Councilman Skadron, All in favor, motion carried. Mayor Ireland moved to go into executive session at 7:20 PM pursuant to C.R.S. 24-6-402(4) (e) Determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators, this involved the US Procycling Challenge; (b) Conferences with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions on potential litigation; and(f) (I) Personnel matters except if the employee who is the subject of the session has requested an open meeting, or if the personnel matter involves more than one employee, all of the employees have requested an open meeting; seconded by Councilman Torre. All in favor, motion carried. Councilman Torre moved to come out of executive session at 9:20 PM; seconded by Mayor Ireland. All in favor, motion carried. Councilman Torre moved to adjourn at 9:20 PM; seconded by Councilman Johnson. All in favor, motion carried. Kathryn ch, City Clerk 10 MEMORANDUM TO: Mayor Ireland and Aspen City Council f FROM: Jennifer Phelan, Deputy Planning Director ' THRU: Chris Bendon, Community Development Directo 't RE: Notice of P&Z approval of Conceptual Commercial Design: 616 E. Hyman Avenue, P&Z Resolution 920, Series of 2012 MEETING DATE: November 12, 2012 BACKGROUND: On October 30, 2012, the Planning and Zoning Commission (P&Z) approved Conceptual Commercial Design Review for a project at 616 E. Hyman Ave. (located on the north side of E. Hyman between Hunter and Spring). Conceptual Commercial Design Review addresses the mass, scale and placement of a proposed building, and provides the applicant with direction for moving forward with their proposal. The applicant is proposing the he expansion and redevelopment of the existing two story building including an expansion of the existing buildings' footprint on the second story and a new third story. The project re-uses the existing building, and is proposed to be 38 feet in height, which is within the maximum height of 36 —40 foot height allowed under the code in effect at the time of initial application. The building is proposed to be a mix of Commercial, Affordable Housing and Free-Market Residential space. ACTION TAKEN BY P&Z: Planning staff recommended in favor of the design review with condition that the height of the building not exceed 36 feet. The Planning and Zoning commission determined that an additional two feet in height, for a maximum height of 38 feet, was appropriate by a vote of 6:1. A copy of the approved massing is attached as Exhibit A. A copy of the HPC Resolution and Minutes are attached as Exhibits B, C and D, respectively. PROCEDURE: For this application, City Council may vote to Call Up the project at their November 12, 2012 or November 26, 2012 meeting. If City Council decides to exercise the Call Up provision, it will be placed on the December I 01 City Council regular agenda for discussion. If City Council does not exercise the Call Up provision, the P&Z 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 Reviews. If you have any questions about the project, please contact the staff planner, Jennifer Phelan, 429-2759 or Jennifer.phelanAcit�ofaspen.com. RECOMMENDATION Staff recommends City Council not call this project up. ATTACHMENTS: Exhibit A: Approved Plans Exhibit B: P&Z Resolution 20, Series 2012 Exhibit C: P&Z draft minutes 10/16/12 Exhibit D: P&Z draft minutes 10/30/12 SCNEEN GNOPY \ I .s.NEEN.NNaPY % I ALLEY HYMAN STREET r IL G RIO oecKanaiNc N / — EIG J—u T, \ �k \ i / c e I ROOF PLAN A20 ia.a 616 E. 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S C H E M A T I C D E S I G N BUILDING SECTIONS 0 20H&;,m'?ro?Sf;„.: 10/30/12 22 E%IB.ING BU LDING EL pppv 610 E.—AN W 5 x35.0 — — '""--- W 4 TING BUILDING 620 E.NYMNN 4� � bN � I I I I ILL — II I� II I _IIF�I r� MINT, I I J I I-1_ 1—I IE 16 IT T r II I -r II I 1 1 1 1 I IT I T I I _IHI I IEI I I .IIEy� �))�E I I—I l�I�� I I I L II II I I II I I II II�II�II I I I II I I I _ — I=lll II IIIL—IINIEII II HI IIEII—II—IIEIIE—I —I — II j)rl IEI�FL�CII)- ,TLC—III—II II EIIEIIF..IIEiI II 0, �� 1l= �Lyl T T 11-;,LE�— ,—,LI—II II III iIE �I II I I I II I JI HIT�I I II I IT I BUILDING SECTION-EAST/WEST 616 E. HYMAN REDEVELOPMENT 616 E.HYMAN AVENUE ASPEN,COLORADO 81611 POS ARCHITECTURE+PLANNING SCHEMATIC DESIGN . BUILDING SECTIONS sroxsxs o,a�n s,o,sxo zsso °811 02.1 BtR„^2I 10/30/12 .__ ppl,p � INTERIOR D L: A ��„ { R r o� j, 0 I��y to r'A • r`1 Zr .� r5 r����M�.�`SWi ,` ,-- r �,r j� 4� b xy,1 s it F..'`�t;• y��'��r��`� '� Hyman St. Renderin 38' Parapet 1 .3 9 October 167 2012 pO S S R ER1�DR D SIGM PLANNING ,� 33 a » � r ,�. a ♦ . �- ;. � � � it t4 1� �S•r �.� icy � a, t. v' 4P ge p. Hyman St. Rendering 38' Parapet October 16, 2012 �SS ARCHITECTURE QR i� +IGNi. NNiNG . t y I 1A s ill fo off Aerial Rendering 1 1D October 30, 2012 TARCHITECTURE+RII Slfi�i PLANNING poss f Aerial Rendering 2 October 30 2012 e?O�SIT RESOLUTION N0. 20 (SERIES OF 2012) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING CONCEPTUAL COMMERCIAL DESIGN REVIEW FOR A REMODEL AND ADDITION CONSISTING OF COMMERCIAL AND RESIDENTIAL SPACE FOR THE PROPERTY LOCATED AT 616 E HYMAN AVE, LEGALLY DESCRIBED AS LOTS N & O, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: WHEREAS, the Community Development Department received an application from Furngulf LLP, represented by Mitch Haas, Haas Land Planning LLC requesting of the Planning and Zoning Commission approval of Conceptual Commercial Design Review to remodel the existing building and add a third floor addition for a project that will include a mix of commercial space, affordable housing, and free-market residential; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended the Applicant amend the proposal to better comply with the Commercial Design Standards with regard to height and for the Planning and Zoning Commission to approve the application with conditions; and, WHEREAS, during a duly noticed public hearing on October 16, 2012 and continued to October 30`h, the Planning and Zoning Commission approved Resolution No. 20, Series of 2012, by a six to one (6 —1) vote, approving Conceptual Commercial Design Review; and, WHEREAS, the Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. Resolution No. 20, Series 2012 Page 1 of 3 NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY- OF ASPEN, COLORADO THAT: Section l: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves Conceptual Commercial Design Review with the following conditions: A. The Subdivision and Final Commercial Design Application shall include a third story addition not to exceed 38 feet in height, as represented in the attached exhibit. B. All other underlying dimensional requirements, except for height, shall be met at Final Commercial Design Application. C. The existing Public Amenity space is approved at 430 sq. ft. Drawings illustrating the Conceptual Commercial Design Review are attached as Exhibit A to the Resolution. Section 2: Engineering The applicant shall address compliance with the City's Urban Runoff Management Plan as part of the Subdivision and Final Commercial Design Review. Section 3: Parks Any changes to the Public Amenity, shall be reviewed and approved by the Parks Department as part of the Final Commercial Design Application. Section 4: General The applicant shall comply with all applicable City of Aspen Codes. Nothing in this conceptual approval negates the Applicant's requirements to meet other sections and requirements of the Municipal Code. Section 5• All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 6: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Resolution No. 20, Series 2012 Page 2 of 3 Section 7• If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 30th day of October, 2012. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: Deb Quinn,Assistant City Attorney LJ Erspamer, Chair ATTEST: Jackie Lothian, Deputy City Clerk Exhibit A: Resolution No.20, Series 2012 Page 3 of 3 CX%virT Regular City Planning & Zoning Meeting — Minutes``October 16, 2012 were 2 to 3 months ago. Stan Gibbs said that he was having a hard time with this particular process; if you want 12% fine let's just have a resolution that says 12%. LJ said 12% onsite and a cantilever up to 3 feet and that is acceptable; he said that he was willing to change his vote now with 121/2% and they mitigate that other %2 MOTION: Ryan Walterscheid moved to approve the proposal in front of us with the additional leeway that if any cantilever of the 2nd and 3rd floors extends out to 3 feet and no less than 12'/-x% public amenity space on site for 601 E Hyman. Cliff Weiss seconded. Roll call vote: Stan Gibbs, no; Ryan Walterscheid, yes; cliff Weiss, yes; LJErspamer, yes. APPROVED 3-1. Public Hearing: 616 E Hyman — Conceptual Commercial Design Review LJ Erspamer opened the public hearing for 616 East Hyman — Conceptual Commercial Design Review. Jenifer Phelan supplied legal notice as Exhibit F to the staff memo and Debbie Quinn has reviewed it. Jennifer said it was the same block as the project that preceded this application; the applicant is Furngulf LLP. Jennifer said the representative was Mitch Haas of Haas Land Planning and the property is in the C-1 Zone District on a 6,000 square foot lot. The application is to add, expand and remodel the existing building; the existing building is 2 stories with a basement and contains commercial net leasable space. The second story is setback from the front fagade of the 1St story and there is existing public amenity space on the southwest corner of the property and parking in the rear along the alley. The proposal will use the existing footprint on the basement and 1St floor and expand the second floor lot line to lot line and include 1 affordable housing unit on the 2°d floor and 3`d floor free market unit. The rear of the building will be redesigned to include a trash area and code compliant parking spaces. Jennifer stated it was under the floor area allowance of 2.5 to 1, which is 15,000 square feet; it is also under the floor area caps for commercial and affordable housing and making sure the free market unit will also be under the floor area caps. Jennifer said that conceptual commercial design review focuses on a number of aspects: the street and alley system, where the building should be parallel to the street with the primary entrance toward the street. The proposed building meets these guidelines and the site currently contains existing public amenity space that is approximately 7% or 430 square feet and it is permitted to be maintained; the design meets the guidelines because it is street facing and subordinate to the 9 Regular City Planning & Zoning Meeting — Minutes October 16,2012 building front. Jennifer said with regard to building placement the building is not changing; it maintains the ground floor footprint which meets the guidelines. Jennifer used power point to show the trash and utility areas; the guidelines request the area be laid out linearly adjacent to the alley and this is rotated and slightly smaller than what is required but it was reviewed by the Environmental Health Department and they feel this is providing adequate space for trash and recycling need of this building so this will be recommending approval by community development. Jennifer said with regards to building height, mass and scale most of the 2nd story is at the property line the only part of that setback is beyond the footprint of the public amenity space; the 3rd story is setback approximately from the front of the facade of the building. The building as proposed today is approximately 40 feet at the highest point along Hyman; currently the C-1 Zone District allows for 36 feet which may be increased through Commercial Design Review to 40 feet. Staff doesn't believe the increase in height for the 3rd story is warranted; the building is not a civic building so the overall recommendation is at final Commercial Design to bring down the height to not exceed 36 feet. Cliff Weiss said he was trying to understand the grandfathering of public amenity space; they are maintaining a part of the building. Jennifer replied that they are maintaining the ground floor and basement and consider it legally established and conforming; if they were scraping the whole property then it would trigger a review at the current requirements. U said he had the same question; if I change out a sink and the building inspector comes in and requires everything to be brought up to code; why is that different. Jennifer answered that is not true; if you go in and have non-conforming stairs you can replace them but you are not required to change the egress of that stair. Ryan stated that it is only if you touch it. U said he misunderstood his friend. Cliff said that on pages 4 & 5 of the memo the height of each floor since you are recommending that we reject because the overall building is above 36 feet. Jennifer said 2nd and 3rd stories are 9 feet high and at final is when you are talk about height levels. Bert asked how does the trash level change this. Jennifer replied that this will go to Special Review at final commercial but she already spoke to Environmental Health about the trash area because the dimension was supposed to be 20x 10 and we are looking at 19x8; so it is a pretty minor difference. Bert asked if it was something that we could change our code to match. Jennifer replied it was something that they could look at. 10 Regular City Planning & Zoning Meeting — Minutes'"Oetober 16, 2012 Ryan asked after we review today where does this go. Jennifer responded well it gets a call up to Council had hopefully it will not be remanded back to you and then you will see it again for Growth Management and Final Commercial Design. Growth Management is for an allotment for the free market and the square footage of the Commercial and Subdivision because you are creating multiple units. Ryan said then it goes back to Council for subdivision. Cliff said Jennifer Number 2 of your recommendations and he gets the height but not the rest. Jennifer said the height is one dimensional standard, the setbacks are any; she said that Mitch and she have been working together and there is a little bit of difference in the free market floor area so it will need to be rectified. LJ said the 2nd floor was lot line to lot line; does that mean it overhangs. Jennifer said it was cantilevered except for the amenity space. Mitch Haas introduced Les Rosenstein, Andy Wisnowski and Bill Poss. Mitch used power point to show the neighborhood; their building which was in the middle of the block. The building will cantilever over the back and it doesn't change the footprint on the ground level. The walkway to the back door was wider than it needed to be so we expanded the trash service/utility into that area so they are at 8.11 feet by 20 feet. The entrance atrium stays there and the fichus tree and the egress is met on that level with a stairwell in the back through a hallway. The elevator shaft will be reworked to it is a true elevator. Mitch said the first floor stays the same building footprint but the interior will change for better circulation. Mitch said the 2nd floor is being extended forward for additional commercial space so it will be a 2 story fagade in the front and in the back extended out to include a 930 square foot livable area deed restricted employee unit; it is expected to be a 2 bedroom employee unit with a deck. For the 3rd floor there is an entry lobby, elevator and stairs. The 3rd floor is setback 27 feet from the front fagade of the building and the next wall sets back even further at 31 feet back from the front and the courtyard door is further back. Mitch said the recessed 3rd floor is to decrease the perceived mass, scale and height. Andy pointed out in the plan the 40 foot section in a limited area in the very small part in the middle zone almost in the geographic center of the lot and it has been setback from the property on the east side. Mitch showed the west elevation next to the Cunniffe building. Andy clarified that this is the profile of the neighboring building and their building is the dashed lines. Andy said the canopies setback as they provide shading and a visual barrier to the higher section of the roof which is back behind. 11 Regular City Planning & Zoning Meeting — Minutes October 16, 2012 Jasmine said the screen canopy wall on this drawing it looks as though they are angled; they are not perpendicular to the street, is that correct. Andy replied that was correct. Andy said architecturally this is probably the most diverse block starting with the Crandall Building and the new Art Museum; they wanted to respect the historic storefront grid system on the street but provide something a little more unique on the upper level visually because a lot of the buildings on this block have become boxy looking. Jasmine asked how tall the chimney was. Andy answered about 3-4 feet above the parapet. Jasmine asked if in the C-1 District was a restaurant use still a conditional use or would that be a permitted use. Jennifer replied it was permitted. Jasmine said one of the uses in this building could be a restaurant. Jennifer said it could be. Cliff asked if there was a chimney now. Andy replied no, this was part of this design. Cliff asked if it would be wood burning or gas. Andy responded that it would be gas but they were real similar in the constructability; they are required to be the same construction as the log. Cliff inquired about the public amenity space. Mitch said it was a nice flower garden in the summer and it was 22 feet by 191/2 feet. Cliff asked for the justification for a 13 to 17 foot 3rd floor. Mitch said a lot of that was not in the flow; we have a parapet wall that helps to screen things that go on the roof that no one wants to see and the parapet was 1 '/z feet. MOTION: Bert Myrin moved to extend the meeting to 7:15 pm for 616 E Hyman, seconded by Stan Gibbs. I opposed (Jasmine). APPROVED. Stan Gibbs asked how far the overhang of the building goes. Mitch said the canopy comes over here to the same area as the deck, so that is about 16 feet back from the front fagade or 101/2 feet from the wall. Stan asked if this was 13.5 feet in that just a design element. Andy replied that it was their anticipation that wall- would be the living area but from an architectural perspective in lieu of the flat roof syndrome we were trying offer some variety to the upper level to give it some interest. Bill Poss said there was a 57 foot museum across from it. Bert said page 17 of the staff memo talks about the street facing amenity space. Jennifer said it was landscaped public amenity space so that did not meet the guideline. Bert asked on page 19 what criteria are we supposed to use to justify raising the height. Mitch replied they were going with the new building or variation of building height in the Commercial area and did not want to vary roof heights. Mitch said that the 151 and 2nd story already had the floor to ceiling heights and they were just adding a 3rd floor that was setback and had screen canopies and 12 Regular City Planning & Zoning Meeting — Minut6'0ctober 16, 2012 varying the roof heights and they were working with a remodel of an existing structure. Cliff asked how the parapet varies. Les answered it varies from 38 to 40 feet in different areas of the roof. No public comments. Commissioner Comments: LJ said that he was not a fan of modern contemporary but this was a great design but the height could be kept at 36 feet and doesn't see the hardship where it should be. LJ said the parapet creates so much mass from the sidewalk and would like to see that brought back. Cliff had a problem with the height and whether you could achieve more variance in height by not having that unit on top with 13 foot ceiling; a 10 foot ceiling is a pretty good ceiling even for upscale. Cliff said that you would be in the code; if you said you would give me double the public amenity space then I would reconsider but everything staying the same. Cliff said there is no reason for this to be that high except to give some upscale new tenant way more height then they really need. Cliff was looking for 2 things getting the overall height of the building down; he can't vote for this while there is no justification for the height. Les asked if he would be dropped down to 38 feet. MOTION: Stan Gibbs moved to extend the hearing on 616 E Hyman to 7:30 pm; seconded by Ryan Walterscheid. LJ opposed. APPROVED. Ryan said that going to 38 was a good compromise; he said that you would have a flat roof would be at 36 but he would go with the 38 feet. Stan said the canopy was setback but was still bothersome to him as does the height; he didn't see the justification for going above 38 feet. Cliff asked Jennifer if it was possible for them to be at 36 feet under the code. Jennifer said the finished floor is for the 2nd to the third level is at 23 feet according to these drawings so you are adding 10 feet so you are at 33 feet so you have 3 feet for mechanical to get to 36 feet. Les said if you force us down to the 36 feet we end up with a flat roof and we don't want a flat roof that is our whole intention in design. Les said capping at 38 feet. MOTION: Bert Myrin moved to approve Resolution #20 series 2012 approving Conceptual Commercial Design for the project at 616 East Hyman with the following change on Section I B shall read all dimensional standards shall be met 13 Regular City Planning & Zoning Meeting — Minutes'Oetober 16, 2012 except dimensions of the recycling, open space shall remain as presented tonight with shall meet guideline 1.23 if applicant continues to exceed 36 feet for the third story addition; Jasmine Tygre seconded. Bert said the proposal for A is the subdivision and final commercial design application shall address the height of 36 feet. and replace that with shall meet guideline 1.23 if applicant continues to exceed 36 feet for the third story addition. Bert said that we need criteria to meet that amendment. Bert said the change came from the staff comment on page 19 at the bottom of the box. Ryan said that said they are varying 2 feet from the neighboring building. LJ asked Mitch for thoughts on that. Mitch replied there was a lot more of that standard than what was just printed in the staff memo; there are several more parts to it and part is the Zone District for heights limits which is 40 feet is all about achieving height variation. Jennifer said it is to 36 feet. Mitch said he thought they should come back and address that guideline more specifically. Jennifer suggested the hearing be continued and the applicant look at the 3rd story and show you the floor to ceiling heights and show you different variations in more detail so you have a better understanding of why they are asking for this. Mitch said they could easily live with the portions that are currently that 40 be lowered to 38 and the remainder to be at 36. Jennifer said that we should continue this meeting to the 30t" of October with the expectation that staff will find a date that works with the applicant and with the commissioners. MOTION: Cliff Weiss moved to continue the hearing on 616 East Hyman to October 30`h; seconded by Jasmine Tygre. All in favor APPROVED. Adjourned at 7:40 pm. Jackie Lothian, Deputy City Clerk 14 ex*%rr"D Regular City Planning & Zoning Meeting — Minutes October 30 2012 Continued Public Hearing: 616 E Hyman — Conceptual Commercial Design Review LJ Erspamer opened the continued public hearing for 616 East Hyman — Conceptual Commercial Design Review. Jennifer Phelan noted that this was a continued hearing for 616 East Hyman which was last heard on October 16`" and the application was reviewed for conceptual commercial design. Jennifer said the one issue that was not resolved was the building height, since that meeting she asked the applicant to submit sections of the building and a roof plan so the commission could understand better how the building will be built with floor to ceiling heights and floor to floor heights. Jennifer said that was exhibit G of the packet. The roof plan is included on the first page (page 25) with color coding. Jennifer said the elevations were on pages 26 and 27 you can see the actual floor to floor height and the floor to ceiling heights. Staff is still recommending that the building come down to 36 feet rather than the 38 that is being requested. Staff feels that the roof parapet which is 18 inches could be removed and it would reduce the height right there and if you reduced 6 inches floor to ceiling height on the 3`d floor you would be down to your 36 feet. Cliff asked what the commercial core was for C-1 on the Is' floor are we okay. Jennifer said the floor to ceiling heights are a discussion at final commercial design. Jennifer said that we saw one code at the time which did not have a floor to ceiling height but the commercial design standards talk about minimum floor to ceiling heights. Mitch Haas of Haas Land Planning introduced Andy Wisnowski and Les Rosenstein from Poss Architecture and Planning. Mitch said they were at 40 feet on the building height at the highest points of the building and dropped down a little bit. Mitch used power point to show the changes except they were in a mirror image and with Charles Cunniffe's Building next to it and showed the 10 foot piece and the 9 foot. Mitch said the parapet functional purpose as a drainage system and from the street perspective looking up from the street you won't see the parapet; there is a reason that all of the old buildings have parapets because they are an important feature. There is not a parapet on the second story behind the wall because you are recessed back. Mitch reminded the commission that this whole block was going through a Renaissance if you will; the building on the corner was going through a change with a 37 foot height limit; between that building and this building, the Charles Cunniffe Building that was approved by HPC with a 38 foot in the back portion of 1 Regular City Planning & Zoning Meeting — Minutes October 30 2012 the building. The Crandall Building already has portions of 38 feet and the other side of the street has everything bigger the Garfield Hecht Building is 36 to 38 feet; The Muse building is 38 feet and the Museum is 57 feet. Mitch said if you want to see over that Museum you need to get as far back as you can which is what we have tried to do. Mitch said 1.24 they have followed the letter of this one precisely using one or more of the following; setting back upper floors to vary the building facade profiles and the roof forms across the width and depth of the building. Mitch said they have set back the upper floor and varied the roof form heights and if we lower the roof to 36 feet it will be a flat roof all the way across the upper 3rd floor. Les showed the next slides where the building drops from 40 to 38 feet; he showed aerial views. Cliff said the 1st floor is 12 foot from floor to floor, the 2nd floor is 11 foot and the 3rd floor is anywhere from 12 feet. Jennifer said the floor to ceiling heights are from 9 to 11.6 feet and you add 2 feet extra feet for structure so you are going from 11.6 to 13.6 and an extra 18 inches for the parapet. LJ asked if you didn't have the parapet you would be within the code. Jennifer replied it would be 6 inches off; the floor to top of the parapet runs from 12 feet 6 inches to 15 feet depending on the area of the building because there are different floor to ceiling heights on the 3rd floor. Mitch said the qualitative measurement mitigates the quantitative; looking at it the setback, the architecture elements, variation of the roof height takes all of that number that we are focusing on. Andy said that you can see from these images they are not going to be seen. Jim said the issue is 2 feet. Mitch replied right. Jim said staff wants 36. Jennifer replied yes. Jim asked why are you expecting 36. Jennifer said if you look at the design guidelines granting additional range in variation in building they are talking about the street facade so you don't want every cornice line at the same height on the whole block so you want undulation of different buildings. Jennifer said there doesn't seem the basis for height in granting the additional height variance to meet the criteria in the commercial design standards. LJ said the canopy was at 36 feet. Andy said it was below that and it helps to screen that height to some degree. Stan asked what drove the size of the 3rd floor. Andy replied that floor area controls the size of the area. Stan asked if there was a lot of mechanical on the roof. Andy responded there would be a little mechanical shed in the back and we have mechanical down in the basement. Andy said it was in the roofline section. 2 Regular City Planning & Zoning Meeting — Minutes October 30 2012 No public comments. Commissioner Comments: Jim said that he would support this application with the 38 foot height. LJ asked if the parapet was the just going up or does it have to do with the ceiling. Bill Poss explained the parapet was like a curb on the roof that helps control drainage, helps screen things. LJ said and that was 18 inches high. Mitch said that was correct. Jasmine agreed with Jim because the 38 feet is only going to be for a portion of that top floor and seems to be a reasonable compromise and when you are faced with a monster across the street everything is going to look minuscule. Jasmine said that is not a reason and unlike Jim she really didn't care for the architecture; if there weren't those big panels in front the top the heaviness of the building would be greatly improved. Jasmine said the compromise fits well enough into the code. Stan said we have to look at the intent of these guidelines and look at 1.23 the new building should reflect variation but more importantly it is about the massing that this building presents and there is lots of variation because of the way that this building is designed. Stan said because the building is setback it doesn't make sense that the 3`a floor is set so far back. Bert said he was reading the guideline from the 1.23 which was pretty clear when we can grant height variances is to achieve different levels in heights; primary function of this building is civic; some portion of the building is affected by height restriction where it may be appropriate for affordable housing or demonstrate energy efficiency. Jim said it makes a demonstrable contribution to the building's energy. LJ asked what section of the code were we talking about. Jennifer said it was on page 24 of the guidelines. Mitch said the standard was 1.23 everything below that were guidelines. MOTION: Keith Goode moved to extend the meeting to 7:1 Opm, seconded by Stan Gibbs. All in favor. MOTION: Jim DeFrancia moved to approve Resolution 20 approving the conceptual design review for 616 East Hyman shall not exceed 38 feet in height as represented in the attached exhibits; seconded by Jasmine Tygre. Roll call: Stan Gibbs, yes; Keith Goode, yes; Cliff Weiss, yes; Bert Myrin, no; Jasmine Tygre, yes; Jim DeFrancia, yes; LJErspamer, yes. APPROVED 6-1. 3 Regular City Planning & Zoning Meeting — Minutes October 30 2012 Jennifer said the applicant asked for a second motion to add all other dimensional requirements except for the height shall be at final design review and the existing public amenity space is 420 square feet. MOTION: Jim DeFrancia moved to accept the motion to add all other dimensional requirements except for the height at 38 feet shall be at final design review and the existing public amenity space is 420 square feet; seconded by Jasmine Tygre. Roll call vote: Bert Myrin, no; Keith Goode, yes; Cliff Weiss, yes; Stan Gibbs, yes; Jasmine Tygre, yes; Jim DeFrancia, yes; LJErspamer, yes. APPROVED 6-1. Adjourned at 7:20 pm. Jackie Lothian, Deputy City Clerk 4 RECEP' J#: 593786, 11/08/2012 at 09:57:51'°`kM, 1 OF 11, R $61.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION NO. 20 (SERIES OF 2012) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING CONCEPTUAL COMMERCIAL DESIGN REVIEW FOR A REMODEL AND ADDITION CONSISTING OF COMMERCIAL AND RESIDENTIAL SPACE FOR THE PROPERTY LOCATED AT 616 E HYMAN AVE, LEGALLY DESCRIBED AS LOTS N & O, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 273718212005 WHEREAS, the Community Development Department received an application from Furngulf LLP, represented by Mitch Haas, Haas Land Planning LLC requesting of the Planning and Zoning Commission approval of Conceptual Commercial Design Review to remodel the existing building and add a third floor addition for a project that will include a mix of commercial space, affordable housing, and free-market residential; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended the Applicant amend the proposal to better comply with the Commercial Design Standards with regard to height and for the Planning and Zoning Commission to approve the application with conditions; and, WHEREAS, during a duly noticed public hearing on October 16, 2012 and continued to October 30`h, the Planning and Zoning Commission approved Resolution No. 20, Series of 2012, by a six to one (6 —1) vote, approving Conceptual Commercial Design Review; and, WHEREAS, the Planning and "Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Resolution No. 20, Series 2012 Pagel of 3 Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves Conceptual Commercial Design Review with the following conditions: A. The Subdivision and Final Commercial Design Application shall include a third story addition not to exceed 38 feet in height, as represented in the attached exhibit. B. All other underlying dimensional requirements, except for height, shall be met at Final Commercial Design Application. C. The existing Public Amenity space is approved at 430 sq. ft. Drawings illustrating the Conceptual Commercial Design Review are attached as Exhibit A to the Resolution. Section 2: Engineering The applicant shall address compliance with the City's Urban Runoff Management Plan as part of the Subdivision and Final Commercial Design Review. Section 3: Parks Any changes to the Public Amenity, shall be reviewed and approved by the Parks Department as part of the Final Commercial Design Application. Section 4: General The applicant shall comply with all applicable City of Aspen Codes. Nothing in this conceptual approval negates the Applicant's requirements to meet other sections and requirements of the Municipal Code. Section 5• All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 6: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Resolution No.20, Series 2012 Page 2 of 3 Section 7• If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 30th day of October, 2012. APPROVED AS TO FORM: PLANNIN AND ZONING C I S N: Deb Quinn,Assistant City Attorney J Orspamer,Ch it r ATTEST: J �'Izie Lothian, eputy CATClerk Exhibit A: roof plan, sections and perspectives Resolution No.20, Series 2012 Page 3 of 3 I f, HYMAN STREET ALLEY L I \ � i ROOF PLAN 616 E. HYMAN REDEVELOPMENT 616 E.HYMAN AVENUE ASPEN,COLORADO 81611 FOSS ARCHIiEC7URE PLANNING SCHEMATIC DESIGN : ROOF PLAN *)fl i ,,,.,.,.ARCH IECTU...- O onu ncrra,9:., 1a3a12 _ 4 ALLEY 'Il HYMAN STREET W Fa N > eY _ A3� �] BUILDING SECTION-NORTH/SOUTH 616 E. HYMAN REDEVELOPMENT 616 E-HYMAN AVENUE ASPEN,COLORADO 81611 O$$ARCHITECTURE+PLANNING """ SCHEMATIC DESIGN : BUILDING SECTIONS uoc M,.w es 1 ¥ e' 3 BUILDING SECTION-EAST/WEST u3 ,..,a 616 E. 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EXISTI NG WILDING 620 E.HYMAN I I i i I I � b, I' I I,- I f i Iyg 11 I f- ii I Ip I i i 1.. 11 iI �I ii I �- I III I I_I I I I fl f fl l I-I i ICI j. I,IfI I '. 11 Ii{ !- III ii 7 f i _'_ I 11 II f-i II I �� ,'I '1 - ' (2) BUILDING SECTION-EAST/WEST A23 w•va Section 1/A23 October 30, 2012 POSS ' INURIOR jlF ij Hyman St. Rendering 40' Parapet 1 .3 October 16, 2012 i r �� � ( � .++;�" ��'� � '• ..laves' ��-?.7►,� t 1Y A /�• F S� t �A++' � 4 � r � ��le P 0 INTERIOR j J r:�V � LYii �• � �. 1 t ! • t,` .� e1 � F�1'�`- • i� �'y R.,. 1: 'i ..�.•�kVer,l . . � �1 d rA � I'I��t.♦ Hyman Rendering Parapet 1 .3 October 167 2012 POSS INTERIOR DESIGN i ra Hyman Rendering 40' • I I 1 .3 October 16, 2012 • I I i Y PLANNING • i DESIGN X44 • �q, ,�yii� tr t '� � alt r�1. � 1 - ...Y:�n _ ..r ,�1rr •l y`r�� � i r Hyman St. Rendering 38' Parapet 1 .3 October 16 2012 . � �1 J�;ti�.• ;P. Ii���. I r V 4 �1 ` r ✓ a y p 0SS ra FRS oR ��I��I.RNNING t 0 Aerial Rendering 1 October 30, 2012 ,l p O$$ T R R E PLANNING O DS GN A 4 I Aerial Rendering 2 October 30, 2012 1� I � P1 MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Jennifer Phelan, Deputy Planning DirectooF RE: 616 E Hyman—Conceptual Commercial Design Review Resolution No,_, Series of 2012 MEETING DATE: October 30, 2012 APPLICANT/OWNER: Furngulf LLP Now REPRESENTATIVE: Mitch Haas, Haas Land Planning LOCATION: ; ' 616 E Hyman Ave. Lots N & O, Block 99, City and Townsite of Aspen CURRENT ZONING: r C-1, Commercial zone district SUMMARY: The Applicant requests conceptual commercial design review for a remodel and addition of the building at 616 E Hyman. STAFF RECOMMENDATION: Approval with conditions. -a Photo: 616 E Hyman building and location. w 616 E. Hyman Ave—Conceptual Commercial Design P&Z Memo Page 1 of 6 P2 SPECIAL NOTE: At the previous hearing on October 16th, general deliberation focused on the overall height of the building. Since the hearing, the Applicant has provided sections, (Exhibit G) of the building and third story addition. The October 16th memo is provided for reference at the end of this memo. SUMMARY: Sections of the building have been submitted to provide a better understanding of the floor to floor and floor to ceiling heights of the building. A third story parapet is eighteen inches. As. shown on the sections the structural/mechanical area between floors is two feet. As noted in the sections, the finished floor to ceiling for each floor varies as noted below: • Ground Floor— 10 feet • 2nd Story—9 feet • 3rd Story- 9 to 11.5 feet The intent of the building height design guidelines is to reinforce the character of the Commercial Area which has a range of heights throughout the area and to prevent the development of one long cornice line along the block. The variation in height is predominately experienced along the street fagade and specific design standards discuss varying the height of a new building in relation to adjacent buildings and on larger sites. With the third story setback from the facade, the building will generally read as a two story building and height variation is achieved between the subject building and its neighbor to the east. Additional height is not needed above the thirty-six feet permitted in the zone district as there is ample variation along the street facade. By removing the 18 inch third story parapet and reducing the third story's floor to ceiling height to 11 feet, the Applicant can meet the 36 foot height allowance of the Commercial (C-1)zone district. Final Commercial Design Review discusses fagade articulation in detail, including floor stature by clearly distinguishing the ground floor from upper floors. In the previous memo staff mentioned exploring ways to minimize the appearance of upper floor heights. With building a taller third story addition and increasing the perceived height of the second story with the parapet/ railing, staff continues to recommend the applicant look at this issue going into final design. RECOMMENDATION: Staff recommends approval of the project, with the following conditions: 1. The Subdivision and Final Commercial Design Application shall include a third story addition not to exceed 36 feet in height. 2. Underlying dimensional requirements shall be met at Final Commercial Design Application. 616 E. Hyman Ave—Conceptual Commercial Design P&Z Memo Page 2 of 6 P3 PROPOSED MOTION: "I move to approve Resolution # , Series 2012, approving Conceptual Commercial Design Review for the project located at 616 E Hyman Ave." Attachments: (new exhibits are in bold) Exhibit A—Staff Findings, Conceptual Commercial Design Review Criteria(provided 10/16/12 and 10/3012) Exhibit B— Staff Findings, Conceptual Commercial Design Guidelines (provided 10/16/12 and 10/3012) Exhibit C—Copy of C-1 Zone District(provided 10/16/12 and 10/3012) Exhibit D—Application(provided 10/16/12) Exhibit E—Application Addendum,updated drawings,bound (provided 10/16/12) Exhibit F - Affidavits of public notice (provided 10/16/12) Exhibit G-Application Addendum, updated drawings,received 10/25/12 MEMO OF 10/16/2012 REOUEST OF THE PLANNING AND ZONING COMMISSION: The Applicant is requesting the following land use approvals from the Planning and Zoning Commission to redevelop the site: • Conceptual Commercial Design Review for development involving commercial uses, pursuant to Land Use Code Section 26.412.050, Commercial Review, and pursuant to the Commercial, Lodging, and Historic District Design Objectives and Guidelines. (The Planning and Zoning Commission is the final review authoritX.) BACKGROUND AND PROJECT SUMMARY: The applicant proposes to remodel and expand an existing two story building and add a recessed third floor at 616 E Hyman. The lot is 6,000 square feet and is located approximately at the center of the north side of the block face of Hyman,between Hunter and Spring Streets. Existing Conditions: The existing structure includes one entrance with commercial space in the basement, ground and second floors. There is a second floor deck on the building, head-in parking along the alley, and a planted public amenity space along the front facade at the southwest corner. The building currently includes 9,046 sq. ft. of existing net leasable divided among the three levels. The existing Floor Area is 7,396 sq. ft. The maximum allowed Floor Area for the Site is 15,000 sq. ft. The trash/utility area is located along the building, in the alley, but is not clearly dedicated and consists of a trash dumpster. There are currently six (6) marked off-street parking spaces located along the alley that are compromised by existing doorways out of the building and the trash dumpster. Approximately 7% of the parcel (430.68 sq. ft.) presently meets the Public Amenity requirements. The Court House View Plane No. 1 crosses a small portion of the site at the far southwest corner of the property. However, it crosses at a height well above the allowed 616 E. Hyman Ave—Conceptual Commercial Design P&Z Memo Page 3 of 6 P4 36 — 40 foot height limit of the zone district and therefore does not limit the height of the development. Proposed Development: The applicant proposes to remodel and expand the existing building. The building would include commercial space on the basement, ground, and second levels, an affordable housing unit on the second floor, and a free-market residential unit on the third floor. Specifically, the footprint will stay the same on the ground level, expand property line to property on the second level (replacing a street facing deck and cantilevering over the current parking area), and add a new, recessed, third level with an accessory deck along the front facade. The proposal would bring the building to approximately 12,422 sq. ft. of floor area, with, 2,465 sq. ft. of free-market residential net livable space, and 936 sq. ft. of affordable housing net livable space. The applicant is proposing to use a TDR to enable an increase above the 2,000 sq. ft. unit size cap for the free-market unit. Four parking spaces are proposed with the application, and the existing Public Amenity's size and location is unchanged. The proposed third story addition will result in an overall height of 40 feet to the parapet. The applicant requests an increase in height for the third story, through Commercial Design Review, from 36 feet to 40 feet. STAFF COMMENTS: CONCEPTUAL COMMERCIAL DESIGN REVIEW: The project is required to comply with the standards set forth in section 26.412.060, Commercial Design Standards, as well as the Conceptual Review Guidelines of the Commercial section of the Commercial, Lodging, and Historic District Design Objectives and Guidelines. The project must comply with five main areas: Street&Alley System, Parking, Public Amenity Space, Building Placement, and Building Height, Mass & Scale. Street &Alley System: The development proposal re-uses the existing building. It is oriented to the street and includes a developed alley. The primary entrance is located along Hyman Avenue. The building currently includes a courtyard (Public Amenity), which is proposed to be maintained. This adds visual interest to the building and currently is the area of main access to the building. Additional entries along the facade are proposed, meeting the design guidelines; however, staff recommends at final review that these new entries be better differentiated from the storefront windows. The proposal also updates the alley elevation to ensure it provides visual interest and memorializes an area for the trash/utilities. Staff finds this portion of the guidelines is met. 616 E. Hyman Ave—Conceptual Commercial Design P&Z Memo Page 4 of 6 ® P5 Figure 1: Front Facade ELEVATOR OVERRUN SCREENCANOPY -CHMNEY i i i� L0.PARRPET AP .PARET 4N8' 6' - - ' ,� PAIhfiEDSTEELCGLUN. STONE VENEER GLASS&STONE PARAP BUILDING OUTLINE FOR NEIGHBORI'NG BUILDING f I � F.F.LEVEL 3 METAL PANEL --- -- --F--- i ' I,.. i - F.F.LEVEL 2' ALUMINUM DOOR SYSTEM ALUMINUMSTOREFROt SYSTEM i _ F.F.LEVEL 1 100-0' Parking: The design guidelines focus on parking structures. No structured parking is proposed. Staff finds this portion of the guidelines to not be applicable. Public Amenity Space: On-site public amenity space can help a project relate to the street and provide a positive pedestrian environment. The existing site configuration includes 430 existing sq. ft. of public amenity space (or 7% of the parcel). As the Public Amenity space is not being reconfigured, it is considered an existing non-conformity with regard to size but is permitted to be maintained. Staff finds this portion of the guidelines is met. Building Placement: The proposal reuses the existing two-story building and adds a third floor. The proposal maintains the ground floor footprint of the existing building. The existing building is oriented toward the street, and the existing setbacks are maintained. Sixty-six percent of the front facade is at the property line. Staff finds this portion of the guidelines is met. Buildin Height, Mass& Scale: There are a range of heights in the Commercial Character area. This building is proposed to be three stories. The third floor is proposed to be significantly setback from the street, helping to 616 E. Hyman Ave-Conceptual Commercial Design P&Z Memo Page 5 of 6 P6 minimize the perceived mass of the third floor. The entire third story is setback approximately 27 feet from the front property line. The building height is approximately 40 feet at its highest point along Hyman. The underlying zone district permits 36 feet for a third story element which may be increased to 40 feet through Commercial Design Review. The design guidelines call for maintaining a minimum of 9 foot ceiling heights on all upper floors, and having a larger first floor. The current building has floor to floor heights of 12 feet on the first floor and 11 feet on the second floor. Because the applicant is maintaining the existing building, these are not proposed to change. The proposed third floor has finished floor to top of parapet heights from 14 to 17 feet. Staff is concerned that the third story floor heights, which require the granting of additional height through Commercial Design Review, result in a third story that appears out of proportion with the existing building. Staff does not find that the standards for granting additional height are met and recommends that the building be no taller than 36 feet. TRASH/UTILITY/RECYCLE AREA: The project proposes a variation from the Trash/Utility/Recycle area requirements of the code. The current configuration is a dumpster located along the alley fagade of the building within a striped parking space that does not currently meet the requirements of the Land Use Code. The Land Use Code requires 20 linear feet with a minimum vertical clearance of 10 feet and a minimum depth of 10 feet. With the expansion of the second story the rear parking area is being reconfigured and proposed with a dedicated trash/utility area. The applicant had requested an approximately 8 foot wide trash, recycling, and utility area with a depth of approximately 19 feet. The Environmental Health Department has noted that this configuration should adequately serve trash and recycling as long as the area is dedicated to that sole use. Figure 2: Trash and Utility area II I' b ®1i b � II amlmn ii b fdCeuo � I W I b RpC® I 1, rnewo II ;I d a LIMOFPROPOSMBUMM ��A� I ri ®I. �-p FROPf3i7YI1PF 616 E. Hyman Ave—Conceptual Commercial Design P&Z Memo Page 6 of 6 P7 RESOLUTION N0. (SERIES OF 2012) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING CONCEPTUAL COMMERCIAL DESIGN REVIEW FOR A REMODEL AND ADDITION CONSISTING OF COMMERCIAL AND RESIDENTIAL SPACE FOR THE PROPERTY LOCATED AT 616 E HYMAN AVE, LEGALLY DESCRIBED AS LOTS N & O, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: WHEREAS, the Community Development Department received an application from Furngulf LLP, represented by Mitch Haas, Haas Land Planning LLC requesting of the Planning and Zoning Commission approval of Conceptual Commercial Design Review to remodel the existing building and add a third floor addition for a project that will include a mix of commercial space, affordable housing, and free-market residential; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended the Applicant amend the proposal to better comply with the Commercial Design Standards with regard to height and for the Planning and Zoning Commission to approve the application with conditions; and, WHEREAS, during a duly noticed public hearing on October 16, 2012 and continued to October 30th, the Planning and Zoning Commission approved Resolution No. - --, Series of 2012, by a ----to --- (- —) vote, approving Conceptual Commercial Design Review; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, Resolution No--, Series 2012 Page 1 of 3 P8 WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN,COLORADO THAT: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves Conceptual Commercial Design Review with the following conditions: A. The Subdivision and Final Commercial Design Application shall include a third story addition not to exceed 3 f feet in height.)k t7. ` "Pnderlying dimensional/requirementsflhall be met at Final Con ercial Design Application. Drawings illustrating the Conceptual Commercial Designkeview are attached as Exhibit A to the Resolution. Section 2: Engineering The applicant shall address compliance with the City's Urban Runoff Management Plan as part of the Subdivision and Final Commercial Design Review. Section 3: Parks Any changes to the Public Amenity, shall be reviewed and approved by the Parks Department as part of the Final Commercial Design Application. Section 4: General The applicant shall comply with all applicable City of Aspen Codes. Nothing in this conceptual approval negates the Applicant's requirements to meet other sections and requirements of the Municipal Code. Section 5• All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein,unless amended by an authorized entity. Section 6• This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Resolution No--, Series 2012 Page 2 of 3 P9 Section 7• If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 16th day of October, 2012. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: Deb Quinn, Assistant City Attorney LJ Erspamer, Chair ATTEST: Jackie Lothian,Deputy City Clerk Resolution No--, Series 2012 Page 3 of 3 P10 Exhibit A Commercial Design Review—Land Use Code Review Criteria Sec. 26.412.050. Review criteria. An application for commercial design review may be approved, approved with conditions or denied based on conformance with the following criteria: A. The proposed development meets the requirements of Section 26.412.060, Commercial design standards, or any deviation from the standards provides a more appealing pattern of development considering the context in which the development is proposed and the purpose of the particular standard. Unique site constraints can justify a deviation from the standards. Compliance with Section 26.412.070, Suggested design elements, is not required but may be used to justify a deviation from the standards. Staff Finding: The proposed development meets the requirements of Section 26.412.060 of the Land Use Code. The applicant's proposal for public amenity space, as it is an existing space, is slightly under what the code requires for demolition and redevelopment but is considered legally existing. The amenity space is located so that it can contribute to the pedestrian environment. The applicant is requesting a minor variation in the location and size of the trash/utility standards. Staff finds the criterion is met. B. For proposed development converting an existing structure to commercial use, the proposed development meets the requirements of Section 26.412.060, Commercial design standards, to the greatest extent practical. Changes to the favade of the building may be required to comply with this Section. Staff Finding: Staff finds this criterion to be non-applicable. The building currently contains commercial space and will contain commercial space after the remodel and addition. C. The application shall comply with the guidelines within the Commercial, Lodging and Historic District Design Objectives and Guidelines as determined by the appropriate Commission. The guidelines set forth design review criteria, standards and guidelines that are to be used in making determinations of appropriateness. The City shall determine when a proposal is in compliance with the criteria, standards and guidelines. Although these criteria, standards and guidelines are relatively comprehensive, there may be circumstances where alternative ways of meeting the intent of the policy objectives might be identified. In such a case, the City must determine that the intent of the guideline is still met, albeit through alternative means. (Ord. No. 13, 2007, §1) Staff Finding: The proposed development is submitted to the Planning and Zoning Commission for Conceptual Commercial Design Review. Staff finds most applicable guidelines are met or can be met with a conditioned approval. Staff finds the criterion is met. Exhibit A—Commercial Design Review—Land Use Code Review Criteria Page 1 of 5 P11 Sec. 26.412.060. Commercial design standards. The following design standards, in addition to the commercial, lodging and historic district design objectives and guidelines, shall apply to commercial, lodging and mixed-use development: A. Public amenity space. Creative, well-designed public places and settings contribute to an attractive, exciting and vital downtown retail district and a pleasant pedestrian shopping and entertainment atmosphere. Public amenity can take the form of physical or operational improvements to public rights-of-way or private property within commercial areas. On parcels required to provide public amenity, pursuant to Section 26.575.030, Public amenity, the following standards shall apply to the provision of such amenity. Acceptance of the method or combination of methods of providing the public amenity shall be at the option of the Planning and Zoning Commission or the Historic Preservation Commission, as applicable, according to the procedures herein and according to the following standards: 1. The dimensions of any proposed on-site public amenity sufficiently allow for a variety of uses and activities to occur, considering any expected tenant and future potential tenants and uses. Staff Finding: The existing size of the public amenity space is 430 sq. ft. and is located on the southwest corner of the property. The requirement according to the Land Use Code is to allow for 25% of the developable parcel to be used as public amenity space, but in cases of redevelopment where less than 25% exists, the same amount must be replaced not to be lower than 10%. The site currently contains 7% public amenity space and the applicant is not proposing demolition of the site so the existing area is permitted to be maintained. Staff finds this criterion is met. 2. The public amenity contributes to an active street vitality. To accomplish this characteristic, public seating, outdoor restaurant seating or similar active uses, shade trees, solar access,view orientation and simple at-grade relationships with adjacent rights-of-way are encouraged. Staff Finding: The existing courtyard remains on site as public amenity space. The at-grade space contains a tree and landscaped plantings contributing to a varied streetscape. Staff finds this criterion is met. 3. The public amenity and the design and operating characteristics of adjacent structures, rights-of-way and uses contribute to an inviting pedestrian environment. Staff Finding: The existing courtyard remains on site as public amenity space. The at-grade space contains a tree and landscaped plantings contributing to a varied streetscape. Staff finds this criterion is met. Exhibit A—Commercial Design Review—Land Use Code Review Criteria Page 2 of 5 P12 4. The proposed amenity does not duplicate existing pedestrian space created by malls, sidewalks or adjacent property, or such duplication does not detract from the pedestrian environment. Staff Finding: The proposed amenity does not duplicate space, but enhances the pedestrian environment. Staff finds the criterion is met. 5. Any variation to the design and operational standards for public amenity, Subsection 26.575.030.F., promotes the purpose of the public amenity requirements. Staff Finding: The proposed public amenity space will not deviate from the design and operational standards for public amenity, Subsection 26.575.030.F. Staff finds the criterion is met. B. Utility, delivery and trash service provision. When the necessary logistical elements of a commercial building are well designed, the building can better contribute to the overall success of the district. Poor logistics of one (1) building can detract from the quality of surrounding properties. Efficient delivery and trash areas are important to the function of alleyways. The following standards shall apply: 1. A utility, trash and recycle service area shall be accommodated along the alley meeting the minimum standards established by Section 26.575.060, Utility/trash/recycle service areas, unless otherwise established according to said Section. Staff Finding: The applicant is requesting to modify the orientation and dimensions of the trash and utility area. It does not meet the dimensional standards outlined in 26.575.060, which is 20 linear feet with a 10 foot depth but the applicant is requesting a size that is close to the required dimensions. The change in orientation is reasonable to accommodate on-site parking for the property. Staff finds the criterion is met. 2. All utility service pedestals shall be located on private property and along the alley. Easements shall allow for service provider access. Encroachments into the alleyway shall be minimized to the extent practical and should only be necessary when existing site conditions, such as an historic resource, dictate such encroachment. All encroachments shall be properly licensed. Staff Finding: The existing service pedestals are located on the alley will remain. The applicant proposes any easements be provided on the final plat. Staff finds the criterion is met. 3. Delivery service areas shall be incorporated along the alley. Any truck loading facility shall be an integral component of the building. Shared facilities are highly encouraged. Staff Finding: Exhibit A—Commercial Design Review—Land Use Code Review Criteria Page 3 of 5 P13 The delivery service is accessible off of the alley. An accessible ramp provides easy access to the building. Staff finds the criterion is met. 4. Mechanical exhaust, including parking garage ventilation, shall be vented through the roof. The exhaust equipment shall be located as far away from the street as practical. Staff Finding: The applicant proposes all mechanical exhaust to be vented through the roof and screened from the street. The proposed project does not include plans for a garage. Staff finds the criterion to be met. 5. Mechanical ventilation equipment and ducting shall be accommodated internally within the building and/or located on the roof, minimized to the extent practical and recessed behind a parapet wall or other screening device such that it shall not be visible from a public right-of-way at a pedestrian level. New buildings shall reserve adequate space for future ventilation and ducting needs. (Ord. No. 13,2007, §1) Staff Finding: Mechanical ventilation equipment and ducting will be accommodated internally within the building and located on the roof. It will be minimized to the extent practical and recessed behind a parapet wall or other screening device such that it shall not be visible from a public right-of-way at a pedestrian level. The proposed development will reserve adequate space for future ventilation and ducting needs. Staff finds the criterion is met. Sec. 26.412.070.Suggested design elements. The following guidelines are building practices suggested by the City, but are not mandatory. In many circumstances, compliance with these practices may not produce the most desired development, and project designers should use their best judgment. 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. 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. C. Lighting. Well-lit (meaning quality, not 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 Exhibit A—Commercial Design Review—Land Use Code Review Criteria Page 4 of 5 P14 avoided. Compliance with the City's Outdoor lighting code, Section 26.575.150 of this Title, is mandatory. Staff Finding: The applicant will address lighting design elements as part of the Final Commercial Design Review. The current building includes large windows on the first and second levels which will be maintained though this proposal. Staff finds this criterion is met. Exhibit A—Commercial Design Review—Land Use Code Review Criteria Page 5 of 5 P15 Exhibit B Commercial Design Guidelines—Conceptual Design Review Guidelines for the Commercial Character Area Commercial Character Area Design Objectives: These are key design objectives for the Commercial Area. The City must find that any new work will help to meet them: L . Strengthen the sense of relatedness with the Commercial Core Historic District. Staff Finding: The-Commercial Character Area is adjacent-to the-Commercial_ Core Historic District. The mixed use proposal relates to the uses seen in both character areas. The project is to remodel an existing building and add a new third story, which relate to the historic district without replicating it. Staff finds this criterion is met. 2. Maintain a retail orientation. Staff Finding: The proposed development increases the existing commercial square footage and maintains commercial uses along the ground floor street edge. Staff finds this criterion is met. 3. Promote creative, contemporary design. Designs should seek creative new solutions that convey the community's continuing interest in exploring innovations. At the same time, the fundamental principles of traditional design must be respected. This means that each project should strike a balance in the design variables that are presented in the following pages. Staff Finding: The proposed remodel and addition maintains the basic form of the current building with a third story addition that is recessed to minimize its presence. The primary entrance is along Hyman Ave, with additional entries being proposed along Hyman. Traditional forms such as storefront windows are interpreted in a contemporary fashion. Staff finds this criterion is met. 4.- Encourage a well-defined street wall. The intent is to more clearly establish a strongly defined street wall,but with some greater variety than in the Commercial Core Historic District since the historic building edge is not as defined. A stronger street faVade definition should be achieved while at the same time recognizing the value of public dining and landscaped space. Staff Findinz: As proposed the development will have a well-defined street wall oriented towards Hyman that is accented with an existing Public Amenity space. Staff finds this criterion is met. Exhibit B—Commercial Design Review—Commercial Design Guidelines, Commercial Character Area Page 1 of 7 P16 5. Reflect the variety in building heights seen traditionally. It is important that a range and variation in building height and scale in the Commercial Area be recognized in future developments. Larger buildings should be varied in height and reflect original lot widths. Staff Finding: The Applicant proposes variation in building heights with a mix of 2 and 3 story elements. The proposed two story fayade's height is differentiated from adjacent structures. Staff finds this criterion is met. 6. Accommodate outdoor public spaces while establishing a clear definition to the street edge. Providing space in association with individual buildings remains important, but should be balanced with much greater building street presence and corner definition. Staff Finding: The existing public amenity space is an accent to the established street wall that exists and is maintained. Staff finds this criterion is met. 7. Promote variety in the street level experience. Display cases, architectural details and landscaping are among the design elements that should be used. Staff Finding: The applicant proposes variety in the project's street level experience with landscaped public amenity, storefront style windows and additional entries along the facade. Staff finds this criterion is met. Exhibit B—Commercial Design Review—Commercial Design Guidelines, Commercial Character Area Page 2 of 7 P17 Commercial Character Area Conceptual Review Design Guidelines Street & Alley System Staff Finding: The development proposal re-uses the existing building. It is oriented to the street and includes a developed alley. The primary entrance is located along Hyman Ave. The building currently includes a courtyard, which is proposed to be maintained. This adds visual interest to the building and provides access to the commercial spaces. The proposal also updates the alley elevation to ensure it provides visual interest. Staff finds this portion of the guidelines is met. Staff finds the following Guidelines are met 1.1 Orient a primary entrance toward the street. 1.2 Maintain the established town grid in all projects. 1.4 Develop an alley faVade to create visual interest. Staff finds the following Guidelines are not applicable 1.3 Public Walkways and through courts should be designed to create access to additional commercial space Parking Staff Finding: The design guidelines focus on parking structures. No structured parking is proposed. Staff finds this portion of the guidelines to not be applicable. Staff finds the following Guidelines are not applicable 1.5 The visual impacts of structured parking should be minimized. 1.6 Structured parking should be placed within a `wrap' of commercial and/or residential uses. Public Amenity Space Staff Finding: On-site public amenity space can help a project relate to the street and provide a positive pedestrian environment. The existing site configuration includes 430 sq. ft. of public amenity space (7% of the parcel). The existing space is landscaped and provides an accent to the existing building. Staff finds this portion of the guidelines is met. Exhibit B—Commercial Design Review—Commercial Design Guidelines, Commercial Character Area Page 3 of 7 P18 Staff finds the following Guidelines are met 1.7 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 1.8 A street facing public amenity space shall remain subordinate to the line of building fronts in the Commercial Area. Staff finds the following Guidelines are not applicable 1.10 Mid-block walkways shall remain subordinate in scale to traditional lot widths 1.11 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 that are commercial in nature. 1.12 An alley side amenity space shall be designed to have these characteristics: • Direct public access to commercial space at ground or second floor levels, Maximize solar access to the alley side amenity space, Enhance the attractiveness and use of the rear alley, Minimize the adverse impacts of adjacent service and parking areas. 1.13 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 1.14 Second level space should be oriented to maximize solar access and views to the mountains or other landmarks. 1.15 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. 1.16 Second level dining may be considered. Staff finds the following Guideline is not met 1.9 Street facing amenity space shall contain features to promote and enhance its use. These may include one or more of the following: Street furniture, Public art, Historical/interpretive marker Building Placement Staff Finding: The proposal reuses the existing two-story building and adds a third floor. The proposal maintains the main footprint of the existing building, The existing building is oriented toward the street. Exhibit B—Commercial Design Review—Commercial Design Guidelines, Commercial Character Area Page 4 of 7 P19 Staff finds that a number of the design guidelines are not applicable because of the re-use of the existing building. However, staff believes the development meets the intent of the design guidelines in terms of building placement and setbacks. Staff finds the following Guidelines are met 1.18 Maintain the alignment of facades at the sidewalk's edge. 1.20 Building facades shall be parallel to the facing street(s) and primary entrances shall be oriented toward the street. Staff finds the following Guidelines are not applicable 1.19 A building may be set back from its side lot lines in accordance with design guidelines identified in Street & Alleyway System and Public Amenity Space guidelines. 1.21 Orient a new building to be parallel to its lot lines, similar to that of traditional building orientations. Building Height, Mass & Scale Staff Finding-: There are a range of heights in the Commercial Character area. This building is proposed to be three stories. The third floor is proposed to be significantly setback from the street, helping to minimize the perceived mass of the third floor. The entire third story is setback approximately 27 feet from the front property line. The building height is approximately 40 feet at its highest point along Hyman. The underlying zone district permits 36 feet for a third story element which may be increased to 40 feet through Commercial Design Review. The design guidelines call for maintaining a minimum of 9 foot ceiling heights on all upper floors, and having a larger first floor. The current building has floor to floor heights of 12 feet on the first floor and 11 feet on the second floor. Because the applicant is maintaining the existing building, these are not proposed to change. The proposed third floor has finished floor, to top of parapet heights from 14 to 17 feet. Staff is concerned that the third story floor heights, which require the granting of additional height through Commercial Design Review, result in a third story that appears out of proportion with the existing building. Staff does not find that the standards for granting additional height are met and recommends that the building be no taller than 36 feet. Staff does not find this portion of the guidelines met. Exhibit B—Commercial Design Review—Commercial Design Guidelines, Commercial Character Area Page 5 of 7 P20 Staff finds the following Guidelines are met 1.22 Building facade height shall be varied from the facade height of adjacent buildings of the same number of stories by a minimum of 2 feet. 1.23 A new building or addition should reflect the range and variation in building height of the Commercial Area. • A minimum 9 ft floor to ceiling height is to be maintained on second stories and higher. 1.24 Height variation should be achieved using one or more of the following: • Vary the building height in accordance with traditional lot width, Set back the upper floor to vary the building facade profile(s) and the roof forms across the width and the depth of the building, Vary the facade (or parapet) heights at the front, Step down the rear of the building towards the alley, in conjunction with other design standards and guidelines. Staff finds the following Guidelines are not applicable 1.25 On sites comprising more than two traditional lot widths, the facade height shall be varied to reflect traditional lot width. 1.26 Buildings on sites comprising more than two traditional lot widths shall achieve a minimum of two of the following: • Variation in height of building modules across the site, Variation in massing achieved through upper floor setbacks, the roofscape form and variation in upper floor heights, Variation in building facade heights or cornice line 1.27 A new building should step down in scale to respect the height, form and scale of a historic building within its immediate setting. 1.28 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. Staff finds the following Guidelines are not met 1.23 A new building or addition should reflect the range and variation in building height of the Commercial Area. • Additional height may be added for the following reasons: In order to achieve at least a two foot variation in height with an adjacent building,the primary function of the building is civic, some portion of the is affected by a height restriction- where relief may be appropriate, to benefit affordable housing livability, to make a demonstrable contribution to the building's energy efficiency. Exhibit B—Commercial Design Review—Commercial Design Guidelines, Commercial Character Area Page 6 of 7 P22 Exhibit C 26.710.150. Commercial (C-1) Zone District A. Purpose. The purpose of the Commercial (C-1) Zone District is to provide for the establishment of mixed-use buildings with commercial uses on the ground floor and opportunities for affordable and free-market residential density. A transition between the commercial core and surrounding residential neighborhoods has been implemented through a slight reduction in allowable floor area as compared to the commercial core, the ability to occupy the ground floor with offices, and a separate chapter in the commercial design guidelines. B. Permitted uses. The following uses are permitted as of right in the Commercial (C-1) Zone District: 1. Uses allowed on upper floors: Lodging, affordable multi-family housing, free-market multi-family housing and home occupations. 2. Uses allowed on all building levels: Retail and restaurant uses, neighborhood commercial uses, service uses, office uses, arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center, bed and breakfast, accessory uses and structures, uses and building elements necessary and incidental to uses on other floors, including parking accessory to a permitted use, storage accessory to a permitted use, farmers' market, provided that a vending agreement is obtained pursuant to Section 15.04.350(b). Parking shall not be allowed as the sole use of the ground floor. C. Conditional uses. The following uses are permitted as conditional uses in the Commercial (C-1) Zone District, subject to the standards and procedures established in Chapter 26.425: 1. Lodging, affordable multi-family housing, free-market multi-family housing or home occupations on the ground floor. 2. Commercial parking facility, pursuant to Section 26.515. 3. For historic landmark properties: Detached residential dwelling, two (2) detached residential dwellings and duplex dwelling. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Commercial (C-1) Zone District: 1. Minimum Gross Lot Area(square feet): a. Detached residential dwelling, two (2) detached residential dwellings, duplex dwelling and bed and breakfast: 3,000. b. All other uses: No requirement. 2. Minimum Net Lot Area per dwelling unit (square feet): a. Detached residential dwelling, two (2) detached residential dwellings, duplex dwelling and bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 3. Minimum lot width (feet): Exhibit C—C-1 Zone District Page 1 of 3 P23 a. Detached residential dwelling, two (2) detached residential dwellings, duplex dwelling and bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 4. Minimum front yard setback (feet): a. Detached residential dwelling, two (2) detached residential dwellings, duplex dwelling and bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 5. Minimum side yard setback(feet) a. Detached residential dwelling, two (2) detached residential dwellings, duplex dwelling and bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 6. Minimum rear yard setback(feet): a. Detached residential dwelling, two (2) detached residential dwellings, duplex dwelling and bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 7. Minimum utility/trash/recycle area: Pursuant to Section 26.575.060. 8. Maximum height: a. Detached residential dwelling, two (2) detached . residential dwellings, duplex dwelling and bed and breakfast: Same as R-6 Zone District. b. All other uses: twenty-eight (28) feet for two-story elements of a building. Thirty-six (36) feet for three-story elements of a building, which may be increased to forty (40) feet through commercial design review. See Chapter 26.412. 9. Minimum distance between buildings on the lot (feet): a. Detached residential dwelling, two (2) detached residential dwellings, duplex dwelling and bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 10. Public amenity space: Pursuant to Section 26.575.030. 11. Floor area ratio (FAR): The following FAR schedule applies to uses cumulatively up to a total maximum FAR of 2.5:1. 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 entitlement and is not achievable in all situations. a. Commercial uses: 1.5:1. b. Arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center and similar uses: 2.5:1. c. Affordable multi-family housing: No limitation. Exhibit C—C-1 Zone District Page 2 of 3 P24 d. Lodging: .5:1, which may be increased to 1.5:1 if the individual lodge units on the parcel average five hundred (500) net livable square feet or less, which may be comprised of lock-off units. e. Free-market multi-family housing: .5:1, which may be increased to .75:1 if affordable housing equal to one hundred percent (100%) of the free-market residential floor area is developed on the same parcel. f. Detached residential dwellings, duplex dwellings and bed and breakfast (as the sole use of parcel and not cumulative with other uses): Eighty percent (80%) of allowable floor area of a same-sized lot located in the R-6 Zone District. (See R-6 Zone District.) Extinguishment of historic TDRs shall not permit additional FAR for single-family or duplex development. 12. Maximum multi-family residential dwelling unit size (square feet): 2,000 square feet of net livable area. a. The property owner may increase individual multi-family unit size by extinguishing historic transferable development right certificates ("certificate" or "certificates"), subject to the following: 1. The transfer ratio is five hundred (500) square feet of net livable area for each certificate that is purchased. 2. The additional square footage accrued may be applied to multiple units. However, the maximum individual unit size attainable by transferring development rights is two thousand five hundred (2,500) square feet of net livable area (i.e., no more than five hundred [500] additional square feet may be applied per unit). 3. This incentive applies only to individual unit size. Transferring development rights does not allow an increase in the FAR of the lot. Commentary: Refer to Chapter 26.535 for the procedures for extinguishing certificates. 13. Maximum lodge unit size (square feet): 1,500. When units are comprised of lock-off units, this maximum shall apply to the largest possible combination of units. 14. Commercial/residential ratio: The total lodging and free-market residential net livable area shall be no greater than the total above-grade floor area associated with the uses described in Subparagraphs 26.710.150.D.1 La. and b. combined on the same parcel. (Ord. No. 56-2000, §§7 [part], 12, 15; Ord. No. 25-2001, §5 [part]; Ord. No. 1-2002, §20; Ord. No. 28b-2004, §1; Ord. No. 12-2006, §11; Ord.No. 11, 2007, §2; Ord. No. 27-2010, §4) Exhibit C—C-1 Zone District Page 3 of 3 Regular City Planning & Zoning Meeting— Minutes October 16,2012 were 2 to 3 months ago. Stan Gibbs said that he was having a hard time with this particular process; if you want 12% fine let's just have a resolution that says 12%. LJ said 12% onsite and a cantilever up to 3 feet and that is acceptable; he said that he was willing to change his vote now with 121/2% and they mitigate that other %2 MOTION: Ryan Walterscheid moved to approve the proposal in front of us with the additional leeway that if any cantilever of the 2"d and 3rd floor may extend out to 3 feet and that these be no less than 12'/_:% public amenity space on site for 601 E Hyman. Cliff Weiss seconded. Roll call vote: Stan Gibbs, no; Ryan Walterscheid, yes; cliff Weiss, yes; LJErspamer, yes. APPROVED 3-1. Public Hearing: 616 E Hyman — Conceptual Commercial Design Review LJ Erspamer opened the public hearing for 616 East Hyman— Conceptual Commercial Design Review. Jenifer Phelan supplied legal notice as Exhibit F to the staff memo and Debbie Quinn has reviewed it. Jennifer said it was the same block as the project that preceded this application; the applicant is Furngulf LLP. Jennifer said the representative was Mitch Haas of Haas Land Planning and the property is in the C-1 Zone District on a 6,000 square foot lot. The application is to add, expand and remodel the existing building; the existing building is 2 stories with a basement and contains commercial net leasable space. The second story is setback from the front facade of the I" story and there is existing public amenity space on the southwest corner of the property and parking in the rear along the alley. The proposal will use the existing footprint on the basement and 15C floor and expand the second floor lot line to lot line and include 1 affordable housing unit on the 2nd floor and 3rd floor free market unit. The rear of the building will be redesigned to include a trash area and code compliant parking spaces. Jennifer stated it was under the floor area allowance of 2.5 to 1' which is 15,000 square feet; it is also under the floor area caps for commercial and affordable housing and making sure the free market unit will also be under the floor area caps. Jennifer said that conceptual commercial design review focuses on a number of aspects: the street and alley system, where the building should be parallel to the street with the primary entrance toward the street. The proposed building meets these guidelines and the site currently contains existing public amenity space that is approximately 7% or 430 square feet and it is permitted to be maintained; the design meets the guidelines because it is street facing and subordinate to the 9 Regular City Planning & Zoning Meeting— Minutes October 16, 2012 building front. Jennifer said with regard to building placement the building is not changing; it maintains the ground floor footprint which meets the guidelines. Jennifer used power point to show the trash and utility areas; the guidelines request the area be laid out linearly adjacent to the alley and this is rotated and slightly smaller than what is required but it was reviewed by the Environmental Health Department and they feel this is providing adequate space for trash and recycling need of this building so this will be recommending approval by community development. Jennifer said with regards to building height, mass and scale most of the 2nd story is at the property line the only part of that setback is beyond the footprint of the public amenity space; the 3`d story is setback approximately from the front of the fagade of the building. The building as proposed today is approximately 40 feet at the highest point along Hyman; currently the C-1 Zone District allows for 36 feet which may be increased through Commercial Design Review to 40 feet. Staff doesn't believe the increase in height for the 3`d story is warranted; the building is not a civic building so the overall recommendation is at final Commercial Design to bring down the height to not exceed 36 feet. Cliff Weiss said he was trying to understand the grandfathering of public amenity space; they are maintaining a part of the building. Jennifer replied that they are maintaining the ground floor and basement and consider it legally established and conforming; if they were scraping the whole property then it would trigger a review at the current requirements. LJ said he had the same question; if I change out a sink and the building inspector comes in and requires everything to be brought up to code; why is that different. Jennifer answered that is not true; if you go in and have non-conforming stairs you can replace them but you are not required to change the egress of that stair. Ryan stated that it is only if you touch it. LJ said he misunderstood his friend. Cliff said that on pages 4 & 5 of the memo the height of each floor since you are recommending that we reject because the overall building is above 36 feet. Jennifer said 2°d and 3`d stories are 9 feet high and at final is when you are talk about height levels. Bert asked how does the trash level change this. Jennifer replied that this will go to Special Review at final commercial but she already spoke to Environmental Health about the trash area because the dimension was supposed to be 20x 10 and we are looking at 19x8; so it is a pretty minor difference. Bert asked if it was something that we could change our code to match. Jennifer replied it was something that they could look at. 10 11 Regular City Planning & Zoning Meeting— Minutes October 16, 2012 Ryan asked after we review today where does this go. Jennifer responded well it gets a call up to Council had hopefully it will not be remanded back to you and then you will see it again for Growth Management and Final Commercial Design. Growth Management is for an allotment for the free market and the square footage of the Commercial and Subdivision because you are creating multiple units. Ryan said then it goes back to Council for subdivision. Cliff said Jennifer Number 2 of your recommendations and he gets the height but not the rest. Jennifer said the height is one dimensional standard, the setbacks are any; she said that Mitch and she have been working together and there is a little bit of difference in the free market floor area so it will need to be rectified. LJ said the 2nd floor was lot line to lot line; does that mean it overhangs. Jennifer said it was cantilevered except for the amenity space. Mitch Haas introduced Les Rosenstein, Andy Wisnowski and Bill Poss. Mitch used power point to show the neighborhood; their building which was in the middle of the block. The building will cantilever over the back and it doesn't change the footprint on the ground level. The walkway to the back door was wider than it needed to be so we expanded the trash service/utility into that area so they are at 8.11 feet by 20 feet. The entrance atrium stays there and the fichus tree and the egress is met on that level with a stairwell in the back through a hallway. The elevator shaft will be reworked to it is a true elevator. Mitch said the first floor stays the same building footprint but the interior will change for better circulation. Mitch said the 2❑d floor is being extended forward for additional commercial space so it will be a 2 story facade in the front and in the back extended out to include a 930 square foot livable area deed restricted employee unit; it is expected to be a 2 bedroom employee unit with a deck. For the 3`d floor there is an entry lobby, elevator and stairs. The aid floor is setback 27 feet from the front facade of the building and the next wall sets back even further at 31 feet back from the front and the courtyard door is further back. Mitch said the recessed 3rd floor is to decrease the perceived mass, scale and height. Andy pointed out in the plan the 40 foot section in a limited area in the very small part in the middle zone almost in the geographic center of the lot and it has been setback from the property on the east side. Mitch showed the west elevation next to the Cunniffe building. Andy clarified that this is the profile of the neighboring building and their building is the dashed lines. Andy said the canopies setback as they provide shading and a visual barrier to the higher section of the roof which is back behind. 11 Regular City Planning & Zoning Meeting— Minutes October 16, 2012 Jasmine said the screen canopy wall on this drawing it looks as though they are angled; they are not perpendicular to the street, is that correct. Andy replied that was correct. Andy said architecturally this is probably the most diverse block starting with the Crandall Building and the new Art Museum; they wanted to respect the historic storefront grid system on the street but provide something a little more unique on the upper level visually because a lot of the buildings on this block have become boxy looking. Jasmine asked how tall the chimney was. Andy answered about 3-4 feet above the parapet. Jasmine asked if in the C-1 District was a restaurant use still a conditional use or would that be a permitted use. Jennifer replied it was permitted. Jasmine said one of the uses in this building could be a restaurant. Jennifer said it could be. Cliff asked if there was a chimney now. Andy replied no, this was part of this design. Cliff asked if it would be wood burning or gas. Andy responded that it would be gas but they were real similar in the constructability; they are required to be the same construction as the log. Cliff inquired about the public amenity space. Mitch said it was a nice flower garden in the summer and it was 22 feet by 19'/2 feet. Cliff asked for the justification for a 13 to 17 foot 3rd floor. Mitch said a lot of that was not in the flow; we have a parapet wall that helps to screen things that go on the roof that no one wants to see and the parapet was 1%2 feet. MOTION: Bert Myrin moved to extend the meeting to 7:15 pm for 616 E Hyman, seconded by Stan Gibbs. 1 opposed (Jasmine). APPROVED. Stan Gibbs asked how far the overhang of the building goes. Mitch said the canopy comes over here to the same area as the deck, so that is about 16 feet back from the front fagade or 10'/2 feet from the wall. Stan asked if this was 13.5 feet in that just a design element. Andy replied that it was their anticipation that wall would be the living area but from an architectural perspective in lieu of the flat roof syndrome we were trying offer some variety to the upper level to give it some interest. Bill Poss said there was a 57 foot museum across from it. Bert said page 17 of the staff memo talks about the street facing amenity space. Jennifer said it was landscaped public amenity space so that did not meet the guideline. Bert asked on page 19 what criteria are we supposed to use to justify raising the height. Mitch replied they were going with the new building or variation of building height in the Commercial area and did not want to vary roof heights. Mitch said that the 1St and 2nd story already had the floor to ceiling heights and they were just adding a 3rd floor that was setback and had screen canopies and 12 Regular City Planning & Zoning Meeting— Minutes October 16, 2012 varying the roof heights and they were working with a remodel of an existing structure. Cliff asked how the parapet varies. Les answered it varies from 38 to 40 feet in different areas of the roof. No public comments. Commissioner Comments: LJ said that he was not a fan of modern contemporary but this was a great design but the height could be kept at 36 feet and doesn't see the hardship where it should be. LJ said the parapet creates so much mass from the sidewalk and would like to see that brought back. Cliff had a problem with the height and whether you could achieve more variance in height by not having that unit on top with 13 foot ceiling; a 10 foot ceiling is a pretty good ceiling even for upscale. Cliff said that you would be in the code; if you said you would give me double the public amenity space then I would reconsider but everything staying the same. Cliff said there is no reason for this to be that high except to give some upscale new tenant way more height then they really need. Cliff was looking for 2 things getting the overall height of the building down; he can't vote for this while there is no justification for the height. Les asked if he would be dropped down to 38 feet. MOTION: Stan Gibbs moved to extend the hearing on 616 E Hyman to 7:30 pm; seconded by Ryan Walterscheid. LJ opposed. APPROVED. Ryan said that going to 38 was a good compromise; he said that you would have a flat roof would be at 36 but he would go with the 38 feet. Stan said the canopy was setback but was still bothersome to him as does the height; he didn't see the justification for going above 38 feet. Cliff asked Jennifer if it was possible for them to be at 36 feet under the code. Jennifer said the finished floor is for the 2°d to the third level is at 23 feet according to these drawings so you are adding 10 feet so you are at 33 feet so you have 3 feet for mechanical to get to 36 feet. Les said if you force us down to the 36 feet we end up with a flat roof and we don't want a flat roof that is our whole intention in design. Les said capping at 38 feet. MOTION.- Bert Myrin moved to approve Resolution 420 series 2012 approving Conceptual Commercial Design for the project at 616 East Hyman with the following change on Section 1 B shall read all dimensional standards shall be met 13 Regular City Planning & Zoning Meeting — Minutes October 16, 2012 except dimensions of the recycling, open space shall remain as presented tonight with shall meet guideline 1.23 if applicant continues to exceed 36 feet for the third story addition; Jasmine Tygre seconded. Bert said the proposal for A is the subdivision and final commercial design application shall aEldfess the height of 36 feet. and replace that with shall meet guideline 1.23 if applicant continues to exceed 36 feet for the third story addition. Bert said that we need criteria to meet that amendment. Bert said the change came from the staff comment on page 19 at the bottom of the box. Ryan said that said they are varying 2 feet from the neighboring building. LJ asked Mitch for thoughts on that. Mitch replied there was a lot more of that standard than what was just printed in the staff memo; there are several more parts to it and part is the Zone District for heights limits which is 40 feet is all about achieving height variation. Jennifer said it is to 36 feet. Mitch said he thought they should come back and address that guideline more specifically. Jennifer suggested the hearing be continued and the applicant look at the 3`d story and show you the floor to ceiling heights and show you different variations in more detail so you have a better understanding of why they are asking for this. Mitch said they could easily live with the portions that are currently that 40 be lowered to 38 and the remainder to be at 36. Jennifer said that we should continue this meeting to the 30`h of October with the expectation that staff will find a date that works with the applicant and with the commissioners. MOTION. Cliff Weiss moved to continue the hearing on 616 East Hyman to October 30`h; seconded by Jasmine Tygre. All in favor APPROVED. Adjourned at 7:40 pm. �ackie Lothian, Deputy City Clerk 14 P25 Rt)oa-G• - - h ' DECK RAILING � 1 I III Hill I Y I ALLEY / _�I;-. HYMAN STREET SCREEN CANOPY SCREEN CANOPY 1 € A21 fmi 2 /.Y F3ms 7r _a-u. nr.T 2 5 202 CITY OF nAS?EN�, ROOF PLAN COMMUNITY DCY�-�Q� � VT Ago 616 E. HYMAN REDEVELOPMENT 616 E. HYMAN AVENUE ASPEN, COLORADO 81611 pOSS ARCHITECTURE+PLANNING 0 f SCHEMATIC DESIGN : ROOF PLAN T 9/0/935 4755 (F)970/930 ]950 o a �»rcA o0 P26 40 0 Owl CHIMNEY(BEYOND) SCREEN CANOPY DECK FICIEll CANOPY GLASS RAILING _ _ _ — 1 0.PARAPET EL 138.0' GLASS&STONE PARAPET GLA S&STONE PARAPET i� m A[I f HYMAN STREET 4 F E EL 100.0' 1 I I I I I I I 16rL I I I T III I I — 1= I II — I II 1 I I „ li 1 I I I I I „ IiII 1 I I — II I I II — I I I it n I I I JI_ RECF4VEI BUILDING SECTION - NORTH/SOUTH OCT 2 5 2012 CITY Gl' HSNEh COMMUNITY DEVELOPW 616 ENE HYMAN REDEVELOPMENT 616 E. HYMAN AVENUE ASPEN, COLORADO 81611 pOSS ARCHITECTURE PLANNING SCHEMATIC DESIGN . 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C) a COD c/) COD -1--i M pose i I NOTE:ALL EXISTING ONSITE VEGETATIOIJ IS TO REMAIN HM.ADJACENT SIDEWALKS AND ASSOCIATED LANDSCAPE IMPROVEMENTS WILL BE MAINTAINED AND/ OR REPLACED TO THE EXTENT AND IN THE MANNER y • _, 'T's�/+� REQUIRED BY THE PARKS AND ENGINEERING DEPTS. � I rFFaeu I ,er ii.san,; area a I aj b Z I W r a Qr•,c °c I Q � _ GROUND-LEVEL --- o-1 BUILDING FOOTPRINT NO CHANGE FROM o EXISTING TO PROPOSED) i i LINE OF PROPOSED BUILDING EXTENTION ABOVE '- PROPERTY LINE 10a (r PROPERTY LINE--- 616 E. HYMAN REDE ,ELOPMENT poss SCHEMATIC DESIGIU: SITEPLAN ............................ O ., , ..:.afaamlx A4 Site Plan October 16, 2012 pose , I j I —f:'OF,�•EL,f_".t'v,T1L5 I ( 1/i-------------- 1'Jr`J,E6:t.(n'kE.el::i.t'i P?i'.IE I n.♦ 1 i.rrifl,;vt -.-------.--I - - Li I i I -- i I I Y-^4;CC�f?IVgO-- —► i I I I i I � I i 616 E. HYMAN REDEI ELOPMENT oIC f.M,xn.t z.E'niE<:FE'4COtC?.�N tl'C:1 pUS SCHEMATIC DESIGN: PLAN-PROPOSED BASEMENT LEVEL O o . a ..�anw:al¢ A5 Proposed Basement Plan October 16, 2012 poss ; I _ I erv:er�canl 1 [.GPOS[J:L[A'lFFr.t,q,y;Fbv2�- I I fic I ...... 1 PLANTER (PUBLIC AMENITY ��. { SPACE) I b� I• I r i 'I 1 coro;EC� ,a., ALLEY r r � �fo r�m 7 I I Et F. �o Nil I I =� ---------------- - F.--\ i1I G -I 'i i 616 E. HYMAN REDEVELOPMENT cte E.illM1a�l At{F'Ui Aii'EftC(YOi'�C,;olall poss a6 t l.I ,III i'i ii O I �� SCHEMATIC DESIGN: PLAN-PROPOSED LEVEL I Proposed Level One Plan October 16, 2012 i i POSS mom .r IHO LE ,r I - j ALLEY 1 I I I I i I I I I I ( i ( I I j 616 E. HYMAN RED�VUQPMENT 61 i E.it`111 id I CaYC{+,1, ofl pass �+ Siil X341 a SCHEMATIC DESIGLI: PLAN-PROPOSED LEVEL 3anwmu Proposed Level Two Plan October 16, 20127 POSS I I I t e cc__.cearrs rh;us �I ------ � � I _ — - I I IS--25/W I 11��. I6'-63(d Itl-Y I I J I I I . ° I i I • I I I Jrvr i 616 E. HYMAN REDEVELOPMENT albi.H PASS ,I I 4 's t, '' O SCHEMATIC DESIGN: PLAN-PROPOSEDLEVEL3 /�� JJ s o _ n ss ->• .;;S:aVxrzofz M Proposed Level Three Plan October 16, 2012 poss NTERIOR DESIGNRAtINIf�C ELEVATOR OVERRUN SCREEN CANOPY ��_----- CHIMNEY T.O.PARAPET - - - T.O.PARAPET 140'-0'`� 138'-6" _ PAINTED STEEL COLUMN STONE VENEER BUILDING OUTLINE { GLASS&STONE PARAPET FOR NEIGHBORING BUILDING / F.F. LEVEL 3� METAL PANEL - -� r - ``�-- - -- 123'-0' I F.F. LEVEL 2 O112'-0' ALUMINUM DOOR SYSTEM - -- ALUMINUM STOREFRONT SYSTEM _ F.F. LEVEL 1 1007---o--7- 00'-0' South Elevation October 16, 2012 10 poss � NTf Ri�R D��GN PLANNING CHIMNEY BEYOND SCREEN CANOPY ELEVATOR OVERRUN BEYOND -.0. PARAPET .39'--0" -- -- T.O.PARAPET 137 -0 PAINTED STEEL COLUMN STONE VENEER GLASS&STONE PARAPET ,•,,,�, -- METAL PANEL i F.F.LEVEL 3 BUILDING OUTLINE I -�-� 123'-0" FOR NEIGHBORING _ BUILDING AHU DECK - O - - - - --LEVEL 2 F.F.L \- COLORED CMU ° PAINTED STEEL COLUMN F.F.LEVEL 1 100' 0" North Elevation ' October 16, 2012 11 P 0 S S ARCHITECTURE+PLANNING INTERIOR DESIGN Stone Veneer materials example Aluminum Storefront System Metal panel and metal elements example Metal canopy owning example Glass Railinq system example �►, ��`, � � �,�` ll�l�lluli uuir t � �`'� yid ,f •� .v w,��!!� f � � #fig '•t fR��, "�1 Proposed Materials October poss INFIi OR OE IGN I �d'lih C ELEVATOR OVERRUN STONE VENEER O LINE OF PROPOSED DEVELOPEMENT -PAINTED STEEL COLUMN HOM FROM VIEW _T.O.PARAPET _ 140'-0'� — c GLASS&STONE PARAPET METAL PANEL T.O.PARAPET -- — 126'-6'T F.F.LEVEL 3 J, 123'-0' F.F.LEVEL 2 112'-0'Y ----------- - ---BUILDING OUTLINE FOR NEIGHBORING BUILDING --ALUMINUM STOREFRONT SYSTEM ALLEY EAST HYMAN AVE. O '— -— F.F.LEVEL.— .L._. - 100'-0'Y 616 E. HYMAN REDEVELOPMENT p0$$ ARCHITECTURE+PLANNING SCHEMATIC DESIGN: ELEVATION-WEST {� rri araaaaa.sa•�rr ar.aaaa•aa. " 0 _ � �6 O.w R`E��:wWhlN1117�.. West Elevation October 16, 2012 � j poss I TFRf I.ANNING OR OF IOC /-- FIREPLACE CHIMNEY SCRM CANOPY SCREEN CANOPY 140 F T.O.PARAPET J, -- - - r - _ - 139'-0' 1 1-7:+- PAINIEDSiF.flCOLUMN — T 0.PARAPET - _ __-[ _-f__ _ -- "' F.F.LEVEL 3 _.. ----- 1231-0. $TONE VENEER -- _ F.F.LEVEL__2 ilr•o•r EAST HT MAN AVE. =�_,I,_ _ BUILDING OUTLINE ALLEY 1- - FOR NEIGHBORING BUILDING -FT.LEVEL 1 100'-0•. 616 E. HYMAN REDEVELOPMENT did E IIY.MAN AWh1F A51'FY,CCiCRAfq 61f 11 posS ARCHITECTURE PLANNING q SCHEMATIC DESIGN: ELEVATION-EAST I� ....:aTmnais A1L East Elevation October 16, 2012 ,.�. ii INTERIOR DESIGN f! r b Hyman Street Rendering 1 m3 October 16, 2012 POSS r PLANNING INTFRIOR 0 a �L r•1:�� M,I �r�! Hyman Rendering October / 2012 "JK",",WN[ Y DLVELOPMEN 130 S.GALENA STRr,-"ET ASPEN, CO 81611 °S A 7 a � §-Equality FOREVER C CHATEAU ASPEN CONDO ASSOC 630 E COOPER AVE ASPEN, CO 81611 J USA ;OMMUe11-Y^uLi'r:OPIAENT 130 S.GALENA STREET ASPEN.('n R1R11 ' �uality FOREVER BG SPRING LLC 300 S SPRING ST#202 ASPEN, CO 81611 E,t- _ i6:._ - f . Jle� e Kk�z AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE ADDRESS OF PROPERTY: 4;14 �'{�vw� v�sL. , Aspen, CO v SCHEDULED PUBLIC HEARING DATE: 4�3o�rr ,20jZ STATE OF COLORADO ) ss. County of Pitkin ) I, A LCD (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: � Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing 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 of the public hewing. A copy of the 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 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. 5 Signature The foregoing "Affidavit of Notice" was acknowledged before me this 27 day of: 20_!Z, by 1jng s'.A en -&Q2� PUBLIC NOTICE Y pv WITNESS MY HAND AND OFFICIAL SEAL R�REBY 16 E.HYMAN AVENUE so.•••�l CONCEPTU COMMERCIAL DESIGN REVIEW "•e/� ^� i NOTICE IS GIVEN that a public hearing •• 9 V 1 t.,f will be held Tuesday,October 16,2012,at a M commission expires: 1. f meeting tot egin at 4:30 p.m.before the Aspen b�p M. i Planning and Zoning Commission,0 the Sister Cities meeting room,City Hall,130 S.Galena n . �. Street,Aspen,CO,to review the proposal submit- ted by Furngulf LLP.,616 E.Hyman Ave.,Aspen, l CO 81611,for the property commonly known as 616 E.Hyman Avenue and legally described as �� ,�,. otary Public Lots N and O,Block 99,City and Townsite of As- ; pen.Applicant seeks to develop a third floor on the existing building as well as remodel it,resulting in a mixed use building housing both residential and C q�(�M commercial uses.. I Exor @s ONK014 In order to gain approval for the development pro- posal,Applicant seeks approval from the Planning and Zoning Commission for Conceptual Commer- cial Design Review.For further information,con- tact Jennifer Phelan at the City of Aspen Commu- nity Development ,epos 70ti'4°2 9Galena ATTACHMENTS AS APPLICABLE: Jennifer.Phelan @ci aspen.co.us. S/LJ Erspamer Ghair HE PUBLICATION Aspen Plannng and Zoning Commission kPH OF THE POSTED NOTICE (SIGN) Published in the Aspen Times Week"on Septem- ber 27,2012. [8423480] [E 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 REQUIftD BV FF DAV IT OF PUB )ADDftSS O pN X6304'060 sp T I CE PROP R T V. ( AEN SCgED LAND USE CODE ULED P UBLIC gEA�NG VA 71t: Aspen CO E. STATE OF COLORAD '20`�r O ) County ofp'rkib ) SS. being or Cz certify represe that I(E) of the Aspen etcOrrlpli dPPlicant to the C �- p pen Land Use Cod,in the Public Ity of es uen, of (name,please print notice orado Y ublicatZon of llowin q Ire nts o f Seci26-304.060 personally me hereby Paper notice• g manner: days for to the paper of general al cei publication in the n � Posting o e public hearing �co�°y o the Cit legal of Aslce section of Community Deve- By Posting of f the publications atta hest fifteen (15) (1 S materials pinent De notice, d hereto. ) height 2inche h gh, and not lesshanm nt, which hwas forIn was obtain • Said Which twenty-two (2s made of suitable ed from the on the 27 da once was postedwas cOmPOsed o f ) inches aide , waterproof Of the Y°f SP at least fifteen Public heari not and twe fteen less my-six ng• `gphoto 20/Z (t S)days prior t than one inch in Bailing of notice graph°f theposte° and including the public hearing 26-304.060( DepartBY the mailin `l notice (Sign is atta ate and time Plnent g of hed eto. the c 4)(2) o f ment' which co a notice obtained her public the As of Prepaid U. hearing notice pen Land Use C the information from the Co Property S mail to was hand ode At least n described inrnmunity Property Subject to the Owners of pro delivered or Mailed f fifteen (1 S) days Section app Owners shall be development a ertY within three d by first clas prior to copya d no more than s-those on the cu placation, T hundred (3 p0 postage X l the oIvners andg vein 60) days prior toax records ds pis.and addre ect Of addresses the Neighabrorhood putre mental agencies so the no Of the Public°Count as they zed act. rs att c hearing. .4 required and attached Applicant hea' In Section ' was attests hereto. a copy b fan d°utreach Su 304.03S�nNeIg prior t t the fir ghborhoOd out Y doc 'nary, rncl °rhOod h Public reach uynentatIon th uding the �utreac hearing as �continuedon next rated o thep blpublinoti ca °1 the Wage) attar f cation and c ZS hed hereto• ney'al requeste Estate �w dat d, to affec herOtiee The scheduled ted mine By th to names for the ral estate e certife x record d addre initial pub Owners b d mailin one lot, Pl s of Pitkin addresses of fml llc hear- Y at least t g of notice N sublect to this o Unit Dee Count At a rp.estate o"ethe app ica �30)d' a.Ys turn receipt Re2onln tice requirelOpments, S imum, Subd shall be rion Of de Prior to the �,ay to g oy text a meat. pecially pl ivisions that on the°pment. Tate, orbe c Hanged enm ent. " armed Areas, and ate"lore thent �'h of de by ree ever the text ' lever the offs Ou'APs are xt inc ental official descrti Se, the re U this Tit e this Title is t to°r as Part list . real on O f q creme and e o be a rt ofa rict m pro pr°Percy i' and the"o nt of an ac nactine"t Of �,general reviap is in Posed n the notice to curate f a new Nether s sion of Y oge"cy'during?Oning maP shall the p and listing o urt'eY rna land use such revisi0 this "such me menb sa pable g am a P or dreer reguenio n be urines avail chap e and a suffic. n, or s. hours for fifteen Public 1. be Waived Of Owners legal 0 en (1 S) days Prior to jn hewever the The the publicplann.Ing Of Oreg°'ng Aff hearing " davit of Shat Notice„ ure Wa c CA/TL/N S � 20�, by s a kno�,ledged be ST�OTARy THER p fore me this NOT TEOFC�VBL1COyLE day CCMMI S RN 012�05�288 Wj�ESS Al f S SfPT 4,201 MY com YxAND AND o mission expires FFICIAL SEAL Notary public pXoTO FT��'1'U T ACHME LIS Gk4p BlIC,q NTS AS A �y411 0 OP��Eov TXE p T✓ PPLICABLE. R IC`4A'1,C ED God orl�,�(SI FQUIRE yT�FICrplON 1P1►rEN�� RS. �0��INE�l �NCIESArO1lc 3.� FSpgE o��R FD Or PUBLIC NOTICE RE: 616 E. HYMAN AVENUE CONCEPTUAL COMMERCIAL DESIGN REVIEW NOTICE IS HEREBY GIVEN that a public hearing will be 16, 2012, at a meeting to begin at 4:30 eld on Tuesday Commission, in the Sister Cities meeting P.M.ro , City Hall, 130 S. Galena Street,Aspen, efore the Aspen Planning and Zoning g CO, to review the proposal submitted by Furngulf LLP. 6 16 E. H CO 81611, for the property commonly known as 616 E. Hyman Ave., Aspen, described as Lots N and 0, Block 99, City and Townsite of Aspen. Applicant seeks to develop a third floor d the existing building as well as remodel it, resulting in a yman Avenue y and legally mixed use building housing both residential and commercial In order to gain a uses. approval for the development proposal, A from the Planning and Zonin Review. For g Commission for Conceptual 11Commerc al Des van further information, contact Jennifer Phelan at the City Development De Design Jennifer.Phelan@ Department, 130 S. Galena St., tY of Aspen Community ci.as en.co.us. Aspen, CO (970) 429.5090, S/LI Ersnamer Chair Aspen Planning and Zoning Commission S � i PUBLIC NOTICE , Date Troia Purj,. 09[8/09Lgo tiany oaAe alglfedwoo ww L9 x ww gZ 1ewJof ap atta 13 09Lgo�j@AV g3IAn alglLedwoo„8/g Z x„L azls lagel • • OQ 00 308 HUNTER LLC 517 EAST HOPKINS AVENUE LLC 530 HOPKINS LLC 490 WILLIAMS ST 517 E HOPKINS AVE 5301/2 E HOPKINS DENVER, CO 80218 ASPEN, CO 81611 ASPEN, CO 81611 I 610 EAST HYMAN LLC 630 EAST HYMAN LLC 633 SPRING C/O CHARLES CUNNIFFE NG II LLC 610 E HYMAN AVE 532 E HOPKINS AVE 418 E COOPER AVE#207 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 635 E HOPKINS LLC ALPINE BANK ASPEN ASPEN ART MUSEUM 532 E HOPKINS ATTN ERIN WIENCEK 590 N MILL ST ASPEN, CO 81611 PO BOX 10000 ASPEN, CO 81611 GLENWOOD SPRINGS, CO 81602 ASPEN BLOCK 99 LLC ASPEN CORE VENTURES LLC ASPEN PLAZA LLC 532 E HOPKINS AVE 418 E COOPER AVE#207 PO BOX 1709 ASPEN, CO 81611 ASPEN, CO 81611 C/O STEVE MARCUS ASPEN, CO 81612 I AUSTIN LAWRENCE CONNER LLC AVP PROPERTIES LLC BASS CAHN 601 LLC 532 E HOPKINS AVE 630 E HYMAN AVE#25 PO BOX 4060 ASPEN, CO 81611 ASPEN, CO 81611 'ASPEN, CO 81612 BATTLE GERALD LIVING TRUST BAUM ROBERT E BELL MOUNTAIN QUALIFIED HIXON BURT LIVING TRUST PO BOX 1518 RESIDENCES PO BOX 2847 STOCKBRIDGE, MA 01262 CONDO ASSOCIATION LLC NEWPORT BEACH, CA 92659 320 S SPRING ST ASPEN, CO 81611 BERN FAMILY ASPEN PROPERTY LLC BG SPRING LLC BISCHOFF JOHN C 65 FIRST NECK LN 300 S SPRING ST#202 502 S VIA GOLONDRINA SOUTHAMPTON, NY 11968 ASPEN, CO 81611 TUCSON,AZ 85716-5843 , i BOOGIES BUILDING OF ASPEN LLC BORGIOTTI CLAUDIO CARVER RUTH A& MARTIN G C/O LEONARD WEINGLASS 9610 SYMPHONY MEADOW LN 10 BYRON LN 534 E COOPER AVE VIENNA, VA 22192 MUSCATINE, IA 52761 ASPEN, CO 81611 CHATEAU ASPEN CONDO ASSOC CHATEAU ASPEN UNIT 21 A LLC CICUREL CARY l 630 E COOPER AVE 421 ASPEN AIRPORT BUSINESS CTR 2615 N LAKEWOOD ASPEN, CO 81611 STE G CHICAGO, IL 60614 ASPEN, CO 816113551 CJAR LLC I COOPER SPRINGS LLC DRESNER MILTON H REV LVG TRST 2514 LAKE MEAD DR I 4 EASTON OVAL 28777 NORTHWESTERN HWY LAFAYETTE, CO 80026 COLUMBUS, OH 43219 SOUTHFIELD, MI 48034 ® label size 1"x 2 5/8"compatible with Avery 05160/8160 Etiquette de format 25 mm x 67 mm compatible avec Avery 05160/8160 0918/0915®tiany oane algltedwoo ww L9 x ww 9Z tewio}ap 91190113 0918/09[90Aaany qj!m algltedwoo«8/9 Z x,,1 azls laqel 99ZO6 v0 'n811VA L9t7 X08 Od lsn'di NvSnS'8 NHOr O2JVNVINOA Z6968 00 'N3dSV Z8906 X08 Od Al JVHOVZ SMAHl1VA Z6968 00 'NAdSV 99LL X08 Od 011 �jvis/uonl 6£17EE ld 'NOlV2l V308 dla d31N30 3nIlnO3X3 68EZ NOIlV80d2100 N3(hJV LEt,66 Vd '),EI17VA aa3NWO Zti9 X08 Od 011 S2t3NI2]Vd Sal 66968 OO 'N3dSV 3AV SNNdOH 3 609 011 SNId3S�JOH VZO06 VO 'S3139NV SO-1 ZZZZ#an18 3dIHS11M 08806 011 lbVd dO2ld N3dSV a13dSOdS 90Z09 00 '2J3nN30 1S lnVd 1S 09t7 Vi JVMJVEI 'R A. 11 131` N3A3iS 213Snvls STAPLES 6 6968 00 'NAdSV AnV NViN kH EI t7C9 %OZ ONI 'dVGAOl3XA Z86ZZ Vn 'VNN31n Nl MOOVAA ANOHdA.IS 0696 VbONVS OVIA 66968 00 'NAdSV And NVAAH El ZOL , V?MaV8 113121VVV S3�dtl1S 'VnV�j1snv 880Z MSN NVASOA ab C1V3H 310a1A 6Z N313H'8 AVn11Ml.V2jbnnm 8ZO8L X1'3111M2 13N 00t,#S 213NV8 A3NOIS L6E dl SDSNd831N3 a2JVllVIN 01,909 11 '09VOIHO 6 6968 00 'N3dSV 10 AIH0112� 06£6 is 8i 11NnH S ON 011 MJVMa3 AOI.Of SJNIOIOH 31b'1S3 lb'3b 00'8 vnHSOf 096EE ld 'HOV38 N30100 an18 NV300 969 all dIHSd3N-LHVd.111INVJ 13V2JSl 82606 AN 'AiIO>I�JOA MEIN 3AV 1-119 090 6 X N2:13-=l 1SbnH 179606 AN 'MOAAADN 2�1d MICE DAV MVd 9t7E 011 ADO SNIAdOH 66968 00 'N3dSV 3 6#3AV NVAAH 3 OZ9 ONI HOWJ 1\109VbVd 0/0 %OZ 1 a21VHMPR%08 V NVEIS ONIQOOD LtiZ6-Z6968 OO 'N3dSV Lt,Z6 X08 Od 213AEIA 113M01 0/0 011 4139 26968 OO 'N3dSV 96£t,X08 Od Aanv1O '8&V18 VSSAN3n SV92l3 EZ968 OO '3182tvn 60Z9L Xl'SVIIVCl 1S 2JDA11S 3 60Z 000t7#1S MD 6096 ONI YVPV d0 3943 011 NAdSV ONiminB 8A �IRbel size 1"x 2 5/8"compatible with Avery®5160/81 Etiquette de format 25 mm x 67 mm compatible avec Avery®51 b�i8160 096E£ ld 'HOV38 N30-100 , CIA-18 NV300 909 011 3SnOH AGNI 66968 OO 'NAdSV V60E#1S 111A S 90Z dll S3IVIOOSSV VZVId 2131NnH 'vnv2jisnv 0609 VM 3NHn08NVMS 6969 X08 Od 011 NVAIH 1,1,909 11 '09VOIHO VZVId 1NO2id JdlO 99t' 331sn2il O2JVO 131-l13 1\13d09 L960-ZZ009 -11 '3031\13-10 L91, X08 III H SEIAVI)\�i EId 69ti£E ld 'ONV1Sl 21311dnf 608 31S Ml HOVAB 00666 VIOIHIVd '8 r S3AV A11A903 NM7 IA 'dIHSNM013O2]3AAOO Nl NnNOOl 6908 lsn2li nn A3b V Hll4nf NNn(i 0918/0915@ fJany oane alggdwoo ww L9 x ww 9E tewio}op allanblt3 0918/0919®AJOAV qj!m a1g11edwoa„8/9 Z x„1 azls logel • 99OLL Xl 'NOlsnOH 9590E V9 '30211\10N 16948 00 'N3dSV >133210 21Va3O LL99 L006 X08 Od LOZ#3AV 213d000 3 86V dHS21Nld WV-:1 331'8 01V210 SWV1111M M 30N3dAAV1 1DOOM 011 321Vf10S NVI2101OIn 66968 OO 'N3dSV ZZ608 00 'N01311111 EZ968 00 '31VC1N0821VO AAV SNINdOH 3 6 69 N 2110 1JOOM21v1218 3 686 HC1 3NO1SA3219 Z091 >I01n NV3f 31v4snai1 1 NLSI2IHO 2IEM3b1 3113NA1'8 SS0H NOSdWOHl 09926 VO `HOV38 1210dM3N 6898Z ON '3111AS2101AV1 6t7006 VO 'S313JNV SO-1 3Sf10H1N3d 214 SV1001N NVS L99 ! 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This should be considered more than adequate as this is merely Conceptual Commercial Design Review. Should this approval be granted, the applicant will need to apply for additional land use approvals that will also require public notice and public hearings. Neighborhood Outreach—Project/Proposal Summary The proposed renovation at 616 East Hyman Avenue maintains the same footprint as the existing building. After the renovation, the second level will extend to the property line on the alley side (above the existing parking area), with an affordable housing unit and additional commercial space added inside this part of the building. Commercial space will also be extended out over the existing south-facing deck on the second floor. A third floor addition that is more or less centered on the building (see accompanying plans) will contain one free-market residential unit. The overall free-market residential floor area will remain within the 0.5:1 (3,OOOsf) zoning limit for the property. The overall height of the building is proposed for forty (40) feet, which the Planning and Zoning Commission (P&Z) may approve as part of the Commercial Design Review. The above grade commercial floor area exceeds the free market residential net livable square footage, as required. The addition of free-market residential and affordable housing to the existing commercial building will create a mixed-use building in the Commercial (C-1) Zone. This block resides roughly at the center of both the C-1 Zone District and the Commercial Character Area. The proposal is fully consistent with the C-1 zone district intent and its applicable dimensional standards. Nearly every building on this block is predominantly commercial but includes/will include residential use on its upper floor. The proposed remodel and addition for the 616 East Hyman Avenue property has been designed to fit with the current and expected future character of this block in terms of design variety, range of building heights, varied mass and scale, and mix of uses. A vertical orientation appropriate for commercial/mixed-use buildings is achieved in the window designs and solid elements that frame them. Metal panels introduce horizontal features that define the floor levels and give a modern interpretation of cornice lines. The upper floor profile and roof form is varied across the width and depth of the building and its perceived height is effectively reduced by setbacks and the projecting screen canopies. Similarly, the varied setback of the two story mass from the street, as well as that of the upper floor, gives the effect of varied heights at the front. At the rear of the building, the third floor addition stops well short of the alley, where its roofline steps down first to a screen canopy and then again to a two story mass. The existing landscaped area at the front of the building will be preserved but will be more cleanly and better framed than is the case today. Together with the improved architectural detailing and storefront- type windows, the enhanced south-facing landscape area (along East Hyman Avenue) will promote variety in the street level experience, enhance street vitality and enrich and enhance the urban qualities of the area. The proposed remodel/addition will also improve the visual interest on the alley fagade and includes varied building setbacks, as well as a combination of materials and deck space. The remodel will also include a Trash/Utility/Recycle service area that will be located on and accessed from the alleyway. Since the proposed area does not include the Code required twenty (20) lineal feet of frontage along the alley special review approval from the P&Z is required for a 2.5 foot reduction to the otherwise required width of the utility/trash/recycle service area. The proposed utility/trash/recycle service area will be more than adequate to service the commercial/office and residential uses in the building and is supplying more than the total area otherwise required by Code Section 26.575.060 but in a different, more efficient configuration that does not eliminate space needed for accommodating off-street parking. 1 W _ _ _ .. - _ T is a yi• - n F 7 Now �,• ��� ',,r. , is 1 `� �fiErOd / ro.worn ur a �cm+c as NORTH ELEVATION �tA.PY[VCt_— _ 110 lY l9-C -CUt1'(k�fal f.OD4�,:J•E I i j _iF.Lv611 ; SOUTH ELEVATION FF i I FLOOR PLAN I BASEMENT FLOOR PLAN I LEVEL ONE 1. � i ! ! i i , r I FLOOR PLAN I LEVEL TWO FLOOR PLAN I LEVEL THREE p Q S S ARCHITECTURE+PLANNING INTERIOR DESIGN >uEASTM.MNSTREET ASPE4.COLORAOOais!! 97u,1925-4155 wW.. .B!uPOSS.Caa 616 E.HYMAN REDEVELOPMENT 109.2fi.12 s 0 V.B. P1 MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Jennifer Phelan, Deputy Planning Director RE: 616 E Hyman—Conceptual Commercial Design Review Resolution No. of 2012 MEETING DATE: October 16, 2012 APPLICANT/OWNER: -J Furngulf LLP REPRESENTATIVE: Mitch Haas, Haas Land Planning i LOCATION: 616 E Hyman Ave. Lots N & O, Block 99, City and Townsite of Aspen CURRENT ZONING: C-1, Commercial zone district SUMMARY: , The Applicant requests conceptual commercial design review for a remodel and addition of the building at 616 E Hyman. - STAFF RECOMMENDATION: ~ �m Approval with conditions. " Photo: 616 E Hyman building and location. 616 E. Hyman Ave—Conceptual Commercial Design P&Z Memo Page 1 of 5 Ilk P2 REQUEST OF THE PLANNING AND ZONING COMMISSION: The Applicant is requesting the following land use approvals from the Planning and Zoning Commission to redevelop the site: • Conceptual Commercial Design Review for development involving commercial uses, pursuant to Land Use Code Section 26.412.050, Commercial Review, and pursuant to the Commercial, Lodging, and Historic District Design Objectives and Guidelines. (The Planning and Zoning Commission is the final review authority.) BACKGROUND AND PROJECT SUMMARY: The applicant proposes to remodel and expand an existing two story building and add a recessed third floor at 616 E Hyman. The lot is 6,000 square feet and is located approximately at the center of the north side of the block face of Hyman, between Hunter and Spring Streets. Existing Conditions: The existing structure includes one entrance with commercial space in the basement, ground and second floors. There is a second floor deck on the building, head-in parking along the alley, and a planted public amenity space along the front fagade at the southwest corner. The building currently includes 9,046 sq. ft. of existing net leasable divided among the three levels. The existing Floor Area is 7,396 sq. ft. The maximum allowed Floor Area for the Site is 15,000 sq. ft. The trash/utility area is located along the building, in the alley, but is not clearly dedicated and consists of a trash dumpster. There are currently six (6) marked off-street parking spaces located along the alley that are compromised by existing doorways out of the building and the trash dumpster. Approximately 7% of the parcel (430.68 sq. ft.) presently meets the Public Amenity requirements. The Court House View Plane No. 1 crosses a small portion of the site at Y re q the far southwest corner of the property. However, it crosses at a height well above the allowed 36 — 40 foot height limit of the zone district and therefore does not limit the height of the development. Proposed Development: The applicant proposes to remodel and expand the existing building. The building would include commercial space on the basement, ground, and second levels, an affordable housing unit on the second floor, and a free-market residential unit on the third floor. Specifically, the footprint will stay the same on the ground level, expand property line to property on the second level (replacing a street facing deck and cantilevering over the current parking area), and add a new, recessed, third level with an accessory deck along the front fagade. The proposal would bring the building to approximately 12,422 sq. ft. of floor area, with, 2,465 sq. ft. of free-market residential net livable space, and 936 sq. ft. of affordable housing net livable space. The applicant is proposing to use a TDR to enable an increase.above the 2,000 sq. ft. unit size cap for the free-market unit. Four parking spaces are proposed with the application, and the existing Public Amenity's size and location is unchanged. The proposed third story addition will result in an overall height of 40 feet to the parapet. The applicant requests an increase in height for the third story, through Commercial Design Review, from 36 feet to 40 feet. 616 E. Hyman Ave—Conceptual Commercial Design P&Z Memo Page 2 of 5 f P3 STAFF COMMENTS: CONCEPTUAL COMMERCIAL DESIGN REVIEW: The project is required to comply with the standards set forth in section 26.412.060, Commercial Design Standards, as well as the Conceptual Review Guidelines of the Commercial section of the Commercial, Lodging, and Historic District Design Objectives and Guidelines. The project must comply with five main areas: Street&Alley System, Parking, Public Amenity Space, Building Placement, and Building Height, Mass & Scale. Street& Alley System: The development proposal re-uses the existing building. It is oriented to the street and includes a developed alley. The primary entrance is located along Hyman Avenue. The building currently includes a courtyard (Public Amenity), which is proposed to be maintained. This adds visual interest to the building and currently is the area of main access to the building. Additional entries along the facade are proposed, meeting the design guidelines; however, staff recommends at final review that these new entries be better differentiated from the storefront windows. The proposal also updates the alley elevation to ensure it provides visual interest and memorializes an area for the trash/utilities. Staff finds this portion of the guidelines is met. Figure 1: Front Facade ELEVATOR OVERRUN SCREEVCANOPY CFVAWY .0.PARAPET �T-O.PARAPET - - - - - - 140-0' 4138' 6' - --PAINTED STEEL COLU STONE VENEER GLASS 8 STONE PARA? BUILDING OUTIJNE FOR NEIGHBORING BtHLDING 4' F.F.LEVEL 3 - -- _ ,_, -__- - - -123'•0'i METAL PA NEI 4 E.F.LEVEL 2 112'•0, ALUMIT`A1M DOOR SYSTEM �- ALLIMINUMSTOREFROt SYSTEM F.F.LIl'EL 1 100'-0 Parkin: The design guidelines focus on parking structures. No structured parking is proposed. Staff finds this portion of the guidelines to not be applicable. 616 E. Hyman Ave—Conceptual Commercial Design P&Z Memo Page 3 of 5 P4 Public Amenity Space: On-site public amenity space can help a project relate to the street and provide a positive pedestrian environment. The existing site configuration includes 430 existing sq. ft. of public amenity space (or 7% of the parcel)..As the Public Amenity space is not being reconfigured, it is considered an existing non-conformity with regard to size but is permitted to be maintained. Staff finds this portion of the guidelines is met. Building Placement: The proposal reuses the existing two-story building and adds a third floor. The proposal maintains the ground floor footprint of the existing building. The existing building is oriented toward the street, and the existing setbacks are maintained. Sixty-six percent of the front facade is at the property line. Staff finds this portion of the guidelines is met. Building Height,Mass& Scale: There are a range of heights in the Commercial Character area. This building is proposed to be three stories. The third floor is proposed to be significantly setback from the street, helping to minimize the perceived mass of the third floor. The entire third story is setback approximately 27 feet from the front property line. The building height is approximately 40 feet at its highest point along Hyman. The underlying zone district permits 36 feet for a third story element which maybe increased to 40 feet through Commercial Design Review. The design guidelines call for maintaining a minimum of 9 foot ceiling heights on all upper floors, and having a larger first floor. The current building has floor to floor heights of 12 feet on the first floor and 11 feet on the second floor. Because the applicant is maintaining the existing building, these are not proposed to change. The proposed third floor has finished floor to top of parapet heights from 14 to 17 feet. Staff is concerned that the third story floor heights, which require the granting of additional height through Commercial Design Review, result in a third story that appears out of proportion with the existing building. Staff does not find that the standards for granting additional height are met and recommends that the building be no taller than 36 feet. TRASH/UTILITY/RECYCLE AREA: The project proposes a variation from the Trash/Utility/ Recycle area requirements of the code. The current configuration is a dumpster located along the alley facade of the building within a striped parking space that does not currently meet the requirements of the Land Use Code. The Land Use Code requires 20 linear feet with a minimum vertical clearance of 10 feet and a minimum depth of 10 feet. With the expansion of the second story the rear parking area is being reconfigured and proposed with a dedicated trash/utility area. 616 E. Hyman Ave—Conceptual Commercial Design P&Z Memo Page 4 of 5 i P5 Figure 2: Trash and Utility area The applicant had requested an approximately 8 ®, foot wide trash, recycling, and utility area with a depth of approximately 19 feet. The Environmental PAM° PARNP G I Health Department has noted that this configuration should adequately serve trash and recycling as long as the area is dedicated to that II 6 sole use. II y OPOSEDP , ®I 5 RECOMMENDATION: Staff recommends approval of the project, with the following RDPD I T012 !R conditions: I, 1. The Subdivision and Final Commercial b W . Design Application shall address the height of the PROPOSED J SEENICEYARD I a $ third story addition, not to exceed 36 feet, and explore ways to minimize its height in relation to '9'-2318 the existing building. PROrosED � PAR[E1O i I ao 2. All dimensional standards shall be met at I. the Final Commercial Design Application. I • P QED. ;I PROPOSED MOTION: "I move to approve Resolution # Series 2012, approving j Conceptual Commercial Design Review for the P ° _ ; project located at 616 E Hyman Ave." I, 6. LINE OF PROPOSED BUILDING EXTENTION ABOVE I Id ®I. 20'-(r PROPERTY LINE Attachments: Exhibit A—Staff Findings, Conceptual Commercial Design Review Criteria Exhibit B—Staff Findings, Conceptual Commercial Design Guidelines Exhibit C—Copy of C-1 Zone District Exhibit D—Application Exhibit E—Application Addendum,updated drawings,bound 616 E. Hyman Ave—Conceptual Commercial Design P&Z Memo Page 5 of 5 P6 RESOLUTION N0. (SERIES OF 2012) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING CONCEPTUAL COMMERCIAL DESIGN REVIEW FOR A REMODEL AND ADDITION CONSISTING OF COMMERCIAL AND RESIDENTIAL SPACE FOR THE PROPERTY LOCATED AT 616 E HYMAN AVE, LEGALLY DESCRIBED AS LOTS N & O, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: WHEREAS, the Community Development Department received an application from Furngulf LLP, represented by Mitch Haas, Haas Land Planning LLC requesting of the Planning and Zoning Commission approval of Conceptual Commercial Design Review to remodel the existing building and add a third floor addition for a project that will include a mix of commercial space, affordable housing, and free-market residential; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended the Applicant amend the proposal to better comply with the Commercial Design Standards with regard to height and for the Planning and Zoning Commission to approve the application with conditions; and, WHEREAS, during a duly noticed public hearing on October 16, 2012, the Planning and Zoning Commission approved Resolution No. ---, Series of 2012, by a----to -- - vote, approving Conceptual Commercial Design Review; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein;and, WHEREAS, the Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, Resolution No--,Series 2012 Page 1 of 3 P7 WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves Conceptual Commercial Design Review with the following conditions: A. The Subdivision and Final Commercial Design Application shall address the height of the third story addition, not to exceed 36 feet, and explore ways to minimize its height in relation to the existing building. B. All dimensional standards shall be met at the Final Commercial Design Application. Drawings illustrating the Conceptual Commercial Design Review are attached as Exhibit A to the Resolution. Section 2: Engineering The applicant shall address compliance with the City's Urban Runoff Management Plan as part of the Subdivision and Final Commercial Design Review. Section 3: Parks Any changes to the Public Amenity, shall be reviewed and approved by the Parks Department as part of the Final Commercial Design Application. Section 4: General The applicant shall comply with all applicable City of Aspen Codes. Nothing in this conceptual approval negates the Applicant's requirements to meet other sections and requirements of the Municipal Code. Section 5: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 6• This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Resolution No--, Series 2012 Page 2 of 3 P8 Section 7• If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 16th day of October, 2012. APPROVED AS TO FORM: PLANNING . AND ZONING COMMISSION: Deb Quinn,Assistant City Attorney LJ Erspamer, Chair ATTEST: Jackie Lothian,Deputy City Clerk Resolution No--, Series 2012 Page 3 of 3 P9 Exhibit A Commercial Design Review—Land Use Code Review Criteria Sec. 26.412.050. Review criteria. An application for commercial design review may be approved, approved with conditions or denied based on conformance with the following criteria: A. The proposed development meets the requirements of Section 26.412.060, Commercial design standards, or any deviation from the standards provides a more appealing pattern of development considering the context in which the development is proposed and the purpose of the particular standard. Unique site constraints can justify a deviation from the standards. Compliance with Section 26.412.070, Suggested design elements, is not required but may be used to justify a deviation from the standards. Staff Findinm: The proposed development meets the requirements of Section 26.412.060 of the Land Use Code. The applicant's proposal for public amenity space, as it is an existing space, is slightly under what the code requires for demolition and redevelopment but is considered legally existing. The amenity space is located so that it can contribute to the pedestrian environment. The applicant is requesting a minor variation in the location and size of the trash/utility standards. Staff finds the criterion is met. B. For proposed development converting an existing structure to commercial use, the proposed development meets the requirements of Section 26.412.060, Commercial design standards, to the greatest.extent practical. Changes to the favade of the building may be required to comply with this Section. Staff Findinv Staff finds this criterion to be non-applicable. The building currently contains commercial space and will contain commercial space after the remodel and addition. C. The application shall comply with the guidelines within the Commercial, Lodging and Historic District Design Objectives and Guidelines as determined by the appropriate Commission. The guidelines set forth design review criteria, standards and guidelines that are to be used in making determinations of appropriateness. The City shall determine when a proposal is in compliance with the criteria, standards and guidelines. . Although these criteria, standards and guidelines are relatively comprehensive, there may be circumstances where alternative ways of meeting the intent of the policy objectives might be identified. In such a case, the City must determine that the intent of the guideline is'still met, albeit through alternative means. (Ord. No. 13, 2007, §1) Staff Findinz: The proposed development is submitted to the Planning and Zoning Commission for Conceptual Commercial Design Review. Staff finds most applicable guidelines are met or can be met with a conditioned approval. Staff finds the criterion is met. Exhibit A—Commercial Design Review—Land Use Code Review Criteria Page 1 of 5 P10 Sec. 26.412.060. Commercial design standards. The following design standards, in addition to the commercial, lodging and historic district design objectives and guidelines, shall apply to commercial, lodging and mixed-use development: A. Public amenity space. Creative, well-designed public places and settings contribute to an attractive, exciting and vital downtown retail district and a pleasant pedestrian shopping and entertainment atmosphere. Public amenity can take the form of physical or operational improvements to public rights-of-way or private property within commercial areas. On parcels required to provide public amenity, pursuant to Section 26.575.030, Public amenity, the following standards shall apply to the provision of such amenity. Acceptance of the method or combination of methods of providing the public amenity shall be at the option of the Planning and Zoning Commission or the Historic Preservation Commission, as applicable, according to the procedures herein and according to the following standards: 1. The dimensions of any proposed on-site public amenity sufficiently allow for a variety of uses and activities to occur, considering any expected tenant and future potential tenants and uses. Staff Finding: The existing size of the public amenity space is 430 sq. ft. and is located on the southwest corner of the property. The requirement according to the Land Use Code is to allow for 25% of the developable parcel to be used as public amenity space, but in cases of redevelopment where less than 25% exists, the same amount must be replaced not to be lower than 10%. The site currently contains 7% public amenity space and the applicant is not proposing demolition of the site so the existing area is permitted to be maintained. Staff finds this criterion is met. 2. The public amenity contributes to an active street vitality. To accomplish this characteristic, public seating, outdoor restaurant seating or similar active uses, shade trees, solar access,view orientation and simple at-grade relationships with adjacent rights-of-way are encouraged. Staff Finding: The existing courtyard remains on site as public amenity space. The at-grade space contains a tree and landscaped plantings contributing to a varied streetscape. Staff finds this criterion is met. 3. The public amenity and the design and operating characteristics of adjacent structures, rights-of-way and uses contribute to an inviting pedestrian environment. Staff Finding: The existing courtyard remains on site as public amenity space. The at-grade space contains a tree and landscaped plantings contributing to a varied streetscape. Staff finds this criterion is met. Exhibit A—Commercial Design Review—Land Use Code Review Criteria Page 2 of 5 P11 4. The proposed amenity does not duplicate existing pedestrian space created by malls, sidewalks or adjacent property, or such duplication does not detract from the pedestrian environment. Staff Finding: The proposed amenity does not duplicate space, but enhances the pedestrian environment. Staff finds the criterion is met. 5. Any variation to the design and operational standards for public amenity, Subsection 26.575.030.F., promotes the purpose of the public amenity requirements. Staff Finding: The proposed public amenity space will not deviate from the design and operational standards for public amenity, Subsection 26.575.030.F. Staff finds the criterion is met. B. Utility, delivery and trash service provision. When the necessary logistical elements of a commercial building are well designed, the building can better contribute to the overall success of the district. Poor logistics of one (1) building can detract from the quality of surrounding properties. Efficient delivery and trash areas are important to the function of alleyways. The following standards shall apply: 1. A utility, trash and recycle service area shall be accommodated along the alley meeting the minimum standards established by Section 26.575.060, Utility/trash/recycle service areas, unless otherwise established according to said Section. Staff Finding: j The applicant is requesting to modify the orientation and dimensions of the trash and utility area. It does not meet the dimensional standards outlined in 26.575.060, which is 20 linear feet with a 10 foot depth but the applicant is requesting a size that is close to the required dimensions. The change in orientation is reasonable to accommodate on-site parking for the property. Staff finds the criterion is met. 2. All utility service pedestals shall be located on private property and along the alley. Easements shall allow for service provider access. Encroachments into the alleyway shall be minimized to the extent practical and should only be necessary when existing site conditions, such as an historic resource, dictate such encroachment. All encroachments shall be properly licensed. Staff Finding: The existing service pedestals are located on the alley will remain. The applicant proposes any easements be provided on the final plat. Staff finds the criterion is met. 3. Delivery service areas shall be incorporated along the alley. Any truck loading facility shall be an integral component of the building. Shared facilities are highly encouraged. Staff Finding: Exhibit A—Commercial Design Review—Land Use Code Review Criteria Page 3 of 5 P12 The delivery service is accessible off of the alley. An accessible ramp provides easy access to the building. Staff finds the criterion is met. 4. Mechanical exhaust, including parking garage ventilation, shall be vented through the roof. The exhaust equipment shall be located as far away from the street as practical. Staff Finding: The applicant proposes all mechanical exhaust to be vented through the roof and screened from the street. The proposed project does not include plans for a garage. Staff finds the criterion to be met. 5. Mechanical ventilation equipment and ducting shall be accommodated internally within the building and/or located on the roof, minimized to the extent practical and recessed behind a parapet wall or other screening device such that it shall not be visible from a public right-of-way at a pedestrian level. New buildings shall reserve adequate space for future ventilation and ducting needs. (Ord. No. 13, 2007, §1) Staff Finding: Mechanical ventilation equipment and ducting will be accommodated internally within the building and located on the roof. It will be minimized to the extent practical and recessed behind a parapet wall or other screening device such that it shall not be visible from a public right-of-way at a pedestrian level. The proposed development will reserve adequate space for future ventilation and ducting needs. Staff finds the criterion is met. Sec. 26.412.070.Suggested design elements. The following guidelines are building practices suggested by the City, but are not mandatory. In many circumstances, compliance with these practices may not produce the most desired development, and project designers should use their best judgment. 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. 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. C. Lighting. Well-lit (meaning quality, not 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 Exhibit A—Commercial Design Review—Land Use Code Review Criteria Page 4 of 5 P13 avoided. Compliance with the City's Outdoor lighting code, Section 26.575.150 of this Title, is mandatory. Staff Finding: The applicant will address lighting design elements as part of the Final Commercial Design Review. The current building includes large windows on the first and second levels which will be maintained though this proposal. Staff finds this criterion is met. Exhibit A—Commercial Design Review—Land Use Code Review Criteria Page 5 of 5 P14 Exhibit B Commercial Design Guidelines—Conceptual Design Review Guidelines for the Commercial Character Area Commercial Character Area Design Objectives: These are key design objectives for the Commercial Area. The City must find that any new work will help to meet them: 1. Strengthen the sense of relatedness with the Commercial Core Historic District. Staff Finding: The Commercial Character Area is adjacent to the Commercial Core Historic District. The mixed use proposal relates to the uses seen in both character areas. The project is to remodel an existing building and add a new third story, which relate to the historic district without replicating it. Staff finds this criterion is met. 2. Maintain a retail orientation. Staff Finding: The proposed development increases the existing commercial square footage and maintains commercial uses along the ground floor street edge. Staff finds this criterion is met. 3. Promote creative, contemporary design. Designs should seek creative new solutions that convey the community's continuing interest in exploring innovations. At the same time, the fundamental principles of traditional design must be respected. This means that each project should strike a balance in the design variables that are presented in the following pages. Staff Finding: The proposed remodel and addition maintains the basic form of the current building with a third story addition that is recessed to minimize its presence. The primary entrance is along Hyman Ave, with additional entries being proposed along Hyman. Traditional forms such as storefront windows are interpreted in a contemporary fashion. Staff finds this criterion is met. 4. Encourage a well-defined street wall. The intent is to more clearly establish a strongly defined street wall,but with some greater variety than in the Commercial Core Historic District since the historic building edge is not as defined. A stronger street faVade definition should be achieved while at the same time recognizing the value of public dining and landscaped space. Staff Finding: As proposed the development will have a well-defined street wall oriented towards Hyman that is accented with an existing Public Amenity space. Staff finds this criterion is met. Exhibit B—Commercial Design Review—Commercial Design Guidelines, Commercial Character Area Page 1 of 7 P15 5. Reflect the variety in building heights seen traditionally. It is important that a range and variation in building height and scale in the Commercial Area be recognized in future developments. Larger buildings should be varied in height and reflect original lot widths. Staff Finding: The Applicant proposes variation in building heights with a mix of 2 and 3 story elements. The proposed two story fagade's height is differentiated from adjacent structures. Staff finds this criterion is met. 6. Accommodate outdoor public spaces while establishing a clear definition to the street edge. Providing space in association with individual buildings remains important, but should be balanced with much greater building street presence and corner definition. Staff Finding-: The existing public amenity space is an accent to the established street wall that exists and is maintained. Staff finds this criterion is met. 7. Promote variety in the street level experience. Display cases, architectural details and landscaping are among the design elements that should be used. Staff Finding: The applicant proposes variety in the project's street level experience with landscaped public amenity, storefront style windows and additional entries along the. facade. Staff finds this criterion is met. Exhibit B—Commercial Design Review—Commercial Design Guidelines, Commercial Character Area Page 2 of 7 P16 Commercial Character Area Conceptual Review Design Guidelines Street & Alley System Staff Finding: The development proposal re-uses the existing building. It is oriented to the street and includes a developed alley. The primary entrance is located along Hyman Ave. The building currently includes a courtyard, which is proposed to be maintained. This adds visual interest to the building and provides access to the commercial spaces. The proposal also updates the alley elevation to ensure it provides visual interest. Staff finds this portion of the guidelines is met. Staff finds the following Guidelines are met 1.1 Orient a primary entrance toward the street. 1.2 Maintain the established town grid in all projects. 1.4 Develop an alley facade to create visual interest. Staff finds the following Guidelines are not applicable 1.3 Public Walkways and through courts should be designed to create access to additional commercial space Parking Staff Finding: The design guidelines focus on parking structures. No structured parking is proposed. Staff finds this portion of the guidelines to not be applicable. Staff finds the following Guidelines are not applicable 1.5 The visual impacts of structured parking should be minimized. 1.6 Structured parking should be placed within a `wrap' of commercial and/or residential uses. Public Amenity Space Staff Finding: On-site public amenity space can help a project relate to the street and provide a positive pedestrian environment. The existing site configuration includes 430 sq. ft. of public amenity space (7% of the parcel). The existing space is landscaped and provides an accent to the existing building. Staff finds this portion of the guidelines is met. Exhibit B—Commercial Design Review—Commercial Design Guidelines, Commercial Character Area Page 3 of 7 P17 Staff finds the following Guidelines are met 1.7 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 1.8 A street facing public amenity space shall remain subordinate to the line of building fronts in the Commercial Area. Staff finds the following Guidelines are not applicable 1.10 Mid-block walkways shall remain subordinate in scale to traditional lot widths 1.11 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 that are commercial in nature. 1.12 An alley side amenity space shall be designed to have these characteristics: • Direct public access to commercial space at ground or second floor levels, Maximize solar access to the alley side amenity space, Enhance the attractiveness and use of the rear alley, Minimize the adverse impacts of adjacent service and parking areas. 1.13 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 1.14 Second level space should be oriented to maximize solar access and views to the mountains or other landmarks. 1.15 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. 1.16 Second level dining may be considered. Staff finds the following Guideline is not met 1.9 Street facing amenity space shall contain features to promote and enhance its use. These may include one or more of the following: Street furniture, Public art, Historical/interpretive marker Building Placement Staff Finding: The proposal reuses the existing two-story building and adds a third floor. The proposal maintains the main footprint of the existing building, The existing building is oriented toward the street. Exhibit B—Commercial Design Review—Commercial Design Guidelines, Commercial Character Area Page 4 of 7 P18 Staff finds that a number of the design guidelines are not applicable because of the re-use of the existing building. However, staff believes the development meets the intent of the design guidelines in terms of building placement and setbacks. Staff finds the following Guidelines are met 1.18 Maintain the alignment of facades at the sidewalk's edge. 1.20 Building facades shall be parallel to the facing street(s) and primary entrances shall be oriented toward the street. Staff finds the following Guidelines are not applicable 1.19 A building may be set back from its side lot lines in accordance with design guidelines identified in Street & Alleyway System and Public Amenity Space guidelines. 1.21 Orient a new building to be parallel to its lot lines, similar to that of traditional building orientations. Building Height, Mass & Scale Staff Findinma: There are a range of heights in the Commercial Character area. This building is proposed to be three stories. The third floor is proposed to be significantly setback from the street, helping to minimize the perceived mass of the third floor. The entire third story is setback approximately 27 feet from the front property line. The building height is approximately 40 feet at its highest point along Hyman. The underlying zone district permits 36 feet for a third story element which may be increased to 40 feet through Commercial Design Review. The design guidelines call for maintaining a minimum of 9 foot ceiling heights on all upper floors, and having a larger first floor. The current building has floor to floor heights of 12 feet on the first floor and 11 feet on the second floor. Because the applicant is maintaining the existing building, these are not proposed to change. The proposed third floor has finished floor to top of parapet heights from 14 to 17 feet. Staff is concerned that the third story floor heights, which require the granting of additional height through Commercial Design Review, result in a third story that appears out of proportion with the existing building. Staff does not find that the standards for granting additional height are met and recommends that the building be no taller than 36 feet. Staff does not find this portion of the guidelines met. Exhibit B—Commercial Design Review—Commercial Design Guidelines, Commercial Character Area Page 5 of 7 P19 Staff finds the following Guidelines are met 1.22 Building facade height shall be varied from the facade height of adjacent buildings of the same number of stories by a minimum of 2 feet. 1.23 A new building or addition should reflect the range and variation in building height of the Commercial Area. • A minimum 9 ft floor to ceiling height is to be maintained on second stories and higher. 1.24 Height variation should be achieved using one or more of the following: • Vary the building height in accordance with traditional lot width, Set back the upper floor to vary the building facade profile(s) and the roof forms across the width and the depth of the building, Vary the facade (or parapet) heights at the front, Step down the rear of the building towards the alley, in conjunction with other design standards and guidelines. Staff finds the following Guidelines are not applicable 1.25 On sites comprising more than two traditional lot widths, the facade height shall be varied to reflect traditional lot width. 1.26 Buildings on sites comprising more than two traditional lot widths shall achieve a minimum of two of the following: • Variation in height of building modules across the site, Variation in massing achieved through upper floor setbacks, the roofscape form and variation in upper floor heights, Variation in building facade heights or cornice line 1.27 A new building should step down in scale to respect the height, form and scale of a historic building within its immediate setting. 1.28 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. Staff finds the following Guidelines are not met 1.23 A new building or addition should reflect the range and variation in building height of the Commercial Area. • Additional height may be added for the following reasons: In order to achieve at least a two foot variation in height with an adjacent building, the primary function of the building is civic, some portion of the is affected by a height restriction- where relief may be appropriate, to benefit affordable housing livability,to make a demonstrable contribution to the building's energy efficiency. Exhibit B—Commercial Design Review—Commercial Design Guidelines, Commercial Character Area Page 6 of 7 AMIN P20 Exhibit C .26.710.150. Commercial (C-1) Zone District A. Purpose. The purpose of the Commercial (C-1) Zone District is to provide for the establishment of mixed-use buildings with -commercial uses on the ground floor and opportunities for affordable and free-market residential density. A transition between the commercial core and surrounding residential neighborhoods has been implemented through a slight reduction in allowable floor area as compared to the commercial core, the ability to occupy the ground floor with offices, and a separate chapter in the commercial design guidelines. B. Permitted uses. The following uses are permitted as of right in the Commercial (C-1) Zone District: 1. Uses allowed on upper floors: Lodging, affordable multi-family housing, free-market multi-family housing and home occupations. 2. Uses allowed on all building levels: Retail and restaurant uses, neighborhood commercial uses, service uses, office uses, arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center, bed and breakfast, accessory uses and structures, uses and building elements necessary and incidental to uses on other floors, including parking accessory to a permitted use, storage accessory to a permitted use, farmers' market, provided that a vending agreement is obtained pursuant to Section 15.04.350(b). Parking shall not be allowed as the sole use of the ground floor. C. Conditional uses. The following uses are permitted as conditional uses in the Commercial (C-1) Zone District, subject to the standards and procedures established in Chapter 26.425: 1. Lodging, affordable multi-family housing, free-market multi-family housing or home occupations on the ground floor. 2. Commercial parking facility, pursuant to Section 26.515. 3. For historic landmark properties: Detached residential dwelling, two (2) detached residential dwellings and duplex dwelling. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Commercial (C-1) Zone District: 1. Minimum Gross Lot Area(square feet): a. Detached residential dwelling, two (2) detached residential dwellings, duplex dwelling and bed and breakfast: 3,000. b. All other uses: No requirement. 2. Minimum Net Lot Area per dwelling unit(square feet): a. Detached residential dwelling, two (2) detached residential dwellings, duplex dwelling and bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 3. Minimum lot width (feet): Exhibit C—C-1 Zone District Page 1 of 3 Y P21 a. Detached residential dwelling, two . (2) detached residential dwellings, duplex dwelling and bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 4. Minimum front yard setback (feet) a. Detached residential dwelling, two (2) detached residential dwellings, duplex dwelling and bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 5. Minimum side yard setback (feet) a. Detached residential dwelling, two (2) detached residential dwellings, duplex dwelling and bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 6. Minimum rear yard setback(feet) a. Detached residential dwelling, two (2) detached residential dwellings, duplex dwelling and bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 7. Minimum utility/trash/recycle area: Pursuant to Section 26.575.060. 8. Maximum height: a. Detached residential dwelling, two (2) detached residential dwellings, duplex dwelling and bed and breakfast: Same as R-6 Zone District. b. All other uses: twenty-eight (28) feet for two-story elements of a building. Thirty-six (36) feet for three-story elements of a building, which may be increased to forty (40) feet through commercial design review. See Chapter 26.412. 9. Minimum distance between buildings on the lot (feet) a. Detached residential dwelling, two (2) detached residential dwellings, duplex dwelling and bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 10. Public amenity pace: Pursuant to Section 26.575.030. 11. Floor area ratio (FAR) The following FAR schedule applies to uses cumulatively up to a total maximum FAR of 2.5:1. 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 entitlement and is not achievable in all situations. a. Commercial uses: 1.5:1. b. Arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center and similar uses: 2.5:1. c. Affordable multi-family housing: No limitation. Exhibit C—C-1 Zone District Page 2 of 3 P22 d. Lodging: .5:1, which may be increased to 1.5:1 if the individual lodge units on the parcel average five hundred (500) net livable square feet or less, which may be comprised of lock-off units. e. Free-market multi-family housing: .5:1, which may be increased to .75:1 if affordable housing equal to one hundred percent (100%) of the free-market residential floor area is developed on the same parcel. f. Detached residential dwellings, duplex dwellings and bed and breakfast (as the sole use of parcel and not cumulative with other uses): Eighty percent (80%) of allowable floor area of a same-sized lot located in the R-6 Zone District. (See R-6 Zone District.) Extinguishment of historic TDRs shall not permit additional FAR for single-family or duplex development. 12-Maximum multi-family residential dwelling unit size (square feet): 2,000 square feet of net livable area. a. The property owner may increase individual multi-family unit size by extinguishing historic transferable development right certificates ("certificate" or "certificates"), subject to the following: 1. The transfer ratio is five hundred (500) square feet of net livable area for each certificate that is purchased. 2. The additional square footage accrued may be applied to multiple units. However, the maximum individual unit size attainable by transferring development rights is two thousand five hundred (2,500) square feet of net livable area (i.e., no more than five hundred [500] additional square feet may be applied per unit). 3. This incentive applies only to individual unit size. Transferring development rights does not allow an increase in the FAR of the lot: Commentary: Refer to Chapter 26.535 for the procedures for extinguishing certificates. 13. Maximum lodge unit size (square feet): 1,500. When units are comprised of lock-off units, this maximum shall apply to the largest possible combination of units. 14. Commercial/residential ratio: The total lodging and free-market residential net livable area shall be no greater than the total above-grade floor area associated with the uses described in Subparagraphs 26.710.150.D.1 La. and b. combined on the same parcel. (Ord. No. 56-2000, §§7 [part], 12, 15; Ord. No. 25-2001, §5 [part]; Ord. No. 1-2002, §20; Ord. No. 28b-2004, §1; Ord. No. 12-2006, §11; Ord. No. 11, 2007, §2; Ord.No. 27-2010, §4) Exhibit C—C-1 Zone District Page 3 of,3 HAAS LAND PLANNING, -LG 201 N. MILL STREET,SUITE 108-ASPEN, CO 81 6 1 1 -(970) 925-7819-MITCHCaHLPASPEN.COM Aspen Planning and Aspen Community T°` Zoning Commission Tn�°` Development Department Date: May 1, 2012 (P&Z) Subject: 616 East Hyman Avenue Conceptual Commercial Design Review Section 1: Introduction: Please consider this letter, its exhibits and the accompanying plan sets to constitute a formal request for Conceptual Commercial Design Review approval for a remodel and addition to the building located at 616 East Hyman Avenue, Aspen. The property is legally described as Lots N & O, Block 99, City and Townsite of Aspen (Parcel Identification Number 2737-182- 12-005). It is a 6,000 square foot lot in the Commercial (C-1) Zone District. The Vicinity Map below indicates the property's general location relative to the surrounding area. Mnvau 1 s t {.. o M m 1,t CV i, 1r Jr]FZ71 r r } U top. _ f' �201�,4(welt�Porden 24b-NA, Vicinity Map-616 East Hyman Avenue, Aspen The applicant intends to complete a remodel that will extend the second level to the property line on the alley side of the building (cantilevered over the existing parking area) with 616 E.Hyman Commercial Design Review Application Page 1 affordable housing and additional commercial space, enclose the existing second floor south- facing deck to create additional commercial space, and construct a third floor addition that will contain one free-market residential unit. Common areas and circulation routes inside the building will also be remodeled as necessary to provide efficiency and compliance with applicable building codes. This application is seeking Conceptual Commercial Design Review (CCDR) approval from the Aspen Planning and Zoning Commission (P&Z) pursuant to Section 26.412.030 of the Aspen Land Use Code (the Code). Although the applicant will be seeking Growth Management Allotments (one free-market residence and additional commercial net leasable space) and Subdivision approval for this development, an application for Conceptual Design Review cannot be consolidated with the growth management review. Section 26.470.110.A(6) of the Code specifically states that, "'Commercial, Lodging and mixed-use projects shall obtain Conceptual Commercial Design Review approval, pursuant to Section 26.412, prior to submitting an application for growth management allotment. Conceptual Commercial Design Review applications may not be combined with Growth Management Review." Subsequent to receiving CCDR approval, the applicant will submit another application addressing all associated Growth Management and Subdivision review standards applicable to the development. Per the Code, the Growth Management Allotment application will need to be submitted on either August 15th or February 15th, the only days that Major P&Z Growth Management applications are accepted by the City. At that time, the applicant will address the review standards contained in the General Requirements of Code Section 26.470.050, as well as the affordable housing criteria of Section 26.470.070.4 and the Community Objective Scoring Criteria of Section 26.470.120. Finally, impact fees that are triggered by the new net livable residential space and new not leasable commercial space, as well as cash-in-lieu for school land dedication will all be further discussed in the growth management/subdivision application for calculation and payment at the time of building permit issuance, pursuant to Code Sections 26.610 and 26.620. This CCDR application is divided into five sections. This section provides a brief introduction to the application, while Section II describes the existing conditions of the project site and environs. Section III outlines the applicant's proposed development, and Section IV addresses the proposed development's compliance with the applicable review criteria of the Code. A short closing summary is provided in Section V. For the reviewer's convenience, all pertinent supporting documents are provided in the various exhibits to the application,which include: • Exhibit 1: Land Use Application and Dimensional Requirements Forms; • Exhibit 2: Proof of the Applicant's Ownership; • Exhibit 3: Pre-Application Conference Summary prepared by Amy Guthrie; • Exhibit 4: Authorization for Haas Land Planning, LLC (HLP), Poss Architecture and Planning (Poss), and Schlumberger Construction(SC) to represent the applicant; • Exhibit 5: Dimensional Requirements of the Commercial (C-1) Zone District; 616 E.Hyman Commercial Design Review Application Page 2 • Exhibit 6: Area Calculations, Measurements and AH Mitigation Requirements 0 Exhibit 7: An executed application fee agreement; and, • Exhibit 8: Mailing addresses of record for all property owners located within three- hundred feet of the subject property. In addition, architectural plans for the existing and proposed conditions have been prepared by Poss Architecture and Planning and accompany this application. While the applicant has attempted to address all relevant provisions of the Code, and to provide sufficient information to enable a thorough evaluation of the application, questions may arise which require further information and/or clarification. Upon request, the applicant's representative will provide such additional information as may be required in the course of the review. Section II: Existing Conditions The building at 616 East Hyman Avenue is a 2-story, commercial building on a 6,000 square foot lot, situated on the north side of East Hyman Avenue between Hunter and Spring Streets. The subject property is legally described as Lots N and O, Block 99, City and Townsite of Aspen, and it is owned by Furngulf, Ltd, a Colorado Joint Venture (the applicant). The existing structure was built in 1969 (per County Assessor's records) and features moss stone on the first level in three sections that are split by glass and awnings. This tall, one-story part of the building that is at the property line abutting the sidewalk features a deck above, and the moss stone rises to a height allowing it to serve as the deck railings. Also on the street level at the southwest corner of the property is a landscaped garden and walkway (the existing public amenity space of approximately 22.2D x 19.4W, or 430.68 square feet) that leads to the main entrance of the building, which is setback approximately 22.2 feet from the property line. This setback part of the building also features large glass windows. The second level of the building is skinned in 1970's style stucco and dark, heavy wood and is setback entirely behind the pedestrian amenity space. The roof is flat and defined by a thick soffit line behind which a synthetic shingle roof slopes up to another, slightly higher (approximately 4 feet) flat roof. Three "bubble" skylights and what appears to be a chimney project from the upper roof and are visible from the street. Concrete wing walls project above the roof on both sides of the building. On the alley side of the building there are six numbered parking spaces; however, only four can be considered legitimate parking because one contains a trash dumpster while another blocks the back entrance to the building. There are also utility meters, and wires scattered throughout the back side of the building giving this area an unfinished and utilitarian appearance. 616 E.Hyman Commercial Design Review Application Page 3 AWN Upon entering the front of the building, there are stairs and decking wrapped around the perimeter of an atrium to provide access to the basement level and second floor. The basement level is comprised of two commercial spaces currently occupied by Main Street Reprographics and Aspen Sports Medicine, as well common circulation areas and a shared bathroom. The street level contains commercial spaces that are all currently vacant. The second floor contains the offices of Gulfco Ltd and a large deck on the street that will be enclosed. The current commercial net leasable space is 9,046sf, of which 3,331sf are on the basement level, 3,261sf are on the main level, and 2,454sf are on the second level. The total commercial Floor Area is approximately 7,396sf (1.233:1), while current codes establish an allowable commercial floor area limit of 9,OOOsf (1.5:1). There is currently no free-market residential or affordable housing on the property. See also Exhibits 5 and 6 hereto. The accompanying plan sets include existing conditions floor plans, and existing conditions calculations and measurements are supplied in Exhibit 6 hereto. Section III• Project Descriptionahe Proposal The proposal maintains the footprint of the existing building, while remodeling the building such that the second level will extend to the property line on the alley side (above the existing parking area), adding an affordable housing unit (likely a 2-bedroom unit containing 937sf of net livable area, a private deck, and housing for 2.25 full-time employees (FTE)) and additional commercial space to this part of the building. Commercial space will also be extended out over the existing south-facing deck on the second floor. Finally, a third floor addition that is more or less centered on the building will contain one free-market residential unit with 2,405 square feet of net livable area (of which 51sf are on the second floor). One transferable development right (TDR) from a historic property will be utilized to enable the increase from 2,OOOsf to 2,405sf of net livable area while the overall free-market residential floor area will remain within the 0.5:1 (3,OOOsf) limit. The overall height of the building is proposed for forty (40) feet, which the Planning and Zoning Commission may approve as part of the Commercial Design Review. The 8,369sf of above grade commercial floor area greatly exceeds the free market residential net livable square footage. Please refer to the submitted plan sets for details and renderings of the proposed designs. Please also refer to Exhibit 5 for details about consistency with the C-1 Zone District requirements and Exhibit 6 for demonstration of consistency with the City rules for calculations, measurements and affordable housing mitigation requirements. 616 E.Hyman Commercial Design Review Application Page 4 ,y;62 LEGEND AND NOTES O SURVEY MONUMENT AS DESCRIBED UTILITY 90X, FOUND UTILITIES IN R.0 W. A SURVEY CONTROL FENCE x]916.5 Z FRUIT TREE LIGHT POST THIS PROPERTY IS SITUATED IN.ZONE-X- (AREAS DETERMINED TO BE OUTSIDE SOO-YEAR FLOOD PLAIN) AS SHOWN ON FLOOD INSURANCE RATE MAP PREPARED BY F.E.M.A., FOR P!TNIN COUNTY COLORADO, COMMUNITY-PANEL NUMBE0.OB097CO204 C. EFFECTIVE 9'6 6 DAT F.' JUNE<, 19E] -10' - / THIS.PROPERTY LIES ENTIRELY'INSIDE OF THE CITY OF ASPEN MUDFLOW HAZARD AREA AS DEFINED Bv,THE CITY OF ASPEN MASTER DRAINAGE PLAN,'P ROJECt NUMBER'1963, FIGURE ES-15. 0 - 10 20 ' MANHOLE- 'WATER IS IN HYMAN AVENUE fI ALL OTHER UTILITIES IN ALLEY f r-• TITLE INFORMATION FURNISHED 9'i: PITKIN COUNTY TITLE, INC. q, CASE NO.: PCT22283P2 11,F L pptN DATED: APRIL 70, 2012 SR E2�0^C'`SE It ✓!yrL, - 99 ELEVATIONS BASED ON ASPEN OF$MONUMENT NO. 5 ELEV -7910.748 11929 NVGDI BU!LD!NG%'k�-- 'RF/ 3EnRi NGS BASED ON THE SOUTHEAST CORNER OF BLOCK 99 (91841 AND `l`�= THE SOUTHEAST CORNER OF BLOCK 99 19184) IN75'09'11'WI 'ACAS` ZONING' CI COMMERCIAL BV'LDINO - OH PR OP..R TY_.. 5,0; LINE I /ELLDW V I C I N I T Y MA P ' p;'"FD 12701 � 1 kw,nlG \ ...,i A I,N ~ \I-Nt _DI NO CA'SE WEE y` �- - y't {7 J 1rIS V' i 19 s ' 'DUran t�V CDO r S BVILOENO OA? a T M1t CITY OF ASPEN CPS MONUMENT 210E !9C65A - N0. VIEW PLANE NI \ 796'.92 / O Pew BUIt DING CERTIFICATION J. \ THE UNDERSIGNED STATES THAT THE PROPERTY DESCRIBED HEREON WAS FIELD SURVEYED a DURING •A✓ AND IS ACCURATE BASED ON THE FIELD.EVIDENCE AS A' SHOWN, ANDTHAT THERE'ARE NO DISCREPANCIES OF RECORD, BOUNDARY LINE CONFLICTS, 't SILL / ENCROACHMENTS EASEMENTS OR RIGHTS OF WAY IN FIELD EVIDENCE OR KNOWN TO ME I S q /1918.8 - E%CEPT AS HEREON SHOWN. UNDERGROUND UTILITIES WITH NO ABOVEGROUND APPURTENANCES, \t \ ANA DOCUMENTS;:OF RECORD NOT SUPPLIED'0 THE SURVEYOR ARE EXCEPTED. THIS SVRYEY r' IStY 11 UNLESS WET STAMPED WITH THE SEAL OF'THE SURVEYOR BELOW. SURVEY PREC7510N 1•S LE55 THAN'. IS 000. JOHN M HDWOR TH 3'L.S 35947 C] / HafW PCAkc l II YE'.LOW ` (. VIEW PLANE 24305 VI FN PLANE NO 79'9.5 '7968 91 / _II" .AROOF um m BU,LD!NC ry 7S C9'; i ]v P YEA$ \ ENCROACHC S.. I ]934.2 S LO / 0.1 .:- i AW'NrA._R r 02 <0 q X791-.3 j a d Ne _ n,r-P c ' 0 I SWN,,V�� /� I(/f' GR RACA \yl } i pTND\SET !' :85 CUagF;` ZO yER DISK BR:" MVERS A>�. �791`` r� i7q 8 �-�TTr 79`8.7 ' CITY OF ASPEN 0 IS CC!! G MONUMENT NO 2 IMPROVEMENT SURVEY OF LOTS N Al 0 BLOCK 99 CITY AND TOWNSITE OF ASPEN CITY OF ASPEN COUN TY'OF PITKIN STATE OF COLORADO CONTAINING 6,002 SO Fi •/-, 0.138 ACRES •/- PREPARED BY .ASPEN SURVEY ENGINEERS, INC. 210 SOUTH GALENA STREET ASPEN, COLORADO 81611 N TIOE: CORDING INC To cOloRA00 uw You LAT COISFNCE Er IS Al PHONE/FAX (9701 925-3816 ACTION RASED U.POH MIY DEFECT ON THIS PIAi w11KIN iHPEE YEARS BFtfR YOU FIRST DISCOVER SIKH DEFECT. NO EVENT HAY ANY ACTION ASED UPON ANY IS IN THIS PLAT BE COFWENOED MORE THAN iEN SN.11 Y ICI110NE ISAV'OID IFHNOTExU STAMPIEO MHTNNTNERSEAL OF THE DATE JOB R EY04. 4/12 42115 i -------------- - ------ D` I I i i i i i i i i i i 616 E. HYMAN REDEVELOPMENT 616 E.HYMAN AVENUE ASPEN,COLORADO 81611 poss O D 4 8 16 SCHEMATIC DESIGN: FLAN-EXISTING BASEMENT LEVEL 02012 oaiso/2012 All 606 F MAIN BTRFFi SRFM Ol0R0 DO 81611 lT)0]0/023 4>661F)NB)0/020 2010 iUP ON PLANTER \ OPEN TO BELOW Lf i i ON UP PARKING I ALLEY .6-T I al i. -- i 616 E. HYMAN REDEVELOPMENT 616 E.HYMAN AVENUE ASPEN,COLORADO 81611 puss O SCHEMATIC DESIGN: PLAN-EXISTING LEVEL 1 F[ u sos e�sr Mai. srncE* vE�x coion�oo elan D 4 8 16 O"01 .„„,04/30/2012 A2 I TI croia xs a ss ivy>r01-0 2 cso I I I I I COP�trTO i ,e�LOw i I I I I PATIO I I I I i I i - ---- ----- - - - - - ----- - - - - - - --- - --- - - - - I I I I 616 E. HYMAN REDEVELOPMENT 616 E.HYMAN AVENUE ASPEN,COLORADO 81611 possO SCHEMATIC DESIGN: PLAN-EXISTING LEVEL 2 A13 �� , o°ol^ ' ,,04/30/2012 605 EAST MAIN STREET 6RA66 816n 0 4 8 16 I T16I 0/S 2 S 6 I S S 1 1161E 11 A I. 2 660 NOTE:ALL EXISTING ON-SITE VEGETATION IS TO REMAIN i NOTE:ADJACENT SIDEWALKS AND ASSOCIATED i LANDSCAPE IMPROVEMENTS WILL BE MAINTAINED AND/ OR REPLACED TO THE EXTENT AND IN THE MANNER 4 22'-2 1/4" REQUIRED BY THE PARKS AND ENGINEERING DEPTS. \ \ � PROPOSED o \\\ � PARKING 1 I EXISTING PLANTER PUBLIC AMENITY D? _ SPACE Z I � � t X\' RAMP O SLOPE:Ml TO 12 I _o Lu Z V �\ �y A � Q W PROPOSED I o \ V SERVICE YARD o \ 19'-2 3/8" PROPOSED PARKING I o7 V V PROPOSED PARKING \ \ \ N PROPOSED p LINE OF PROPOSED BUILDING .� � EXTENTION ABOVE 20'-0" �� PROPERTY LINE PROPERTY LINE 616 E. HYMAN REDE-1 FELOPMENT 616 E.HYMAN AVENUE ASPEN,COLORADO 81611 poss O `� SCHEMATIC DESIGN: $iTEPLAN � B 0"-01" 0 4 4 16 :° M r=w.,04/30/2012 fiD5 ERSi MNIN SIRfEt NSPf N, COl0 R�00 81811 li)610/I 11531.1010/830 2.10 ' I I I PROPOSED:NEW WALLS (SHOWN IN GRAY) PROPOSED:NEW ELEVATOR W/PRIVATE KEY CODE ACCESS TO PENTHOUSE ____--_-_-_ _-_-_---___-_ _ UP i I I I I I I I EXISTING I ATRIUM I EXISTING OPEN TO ABOVE) I ® COMMERCIAL I I I I I L -- - -- ---- - -- - - PROPOSED:NEW CORRIDOR/ SECOND MEANS OF EGRESS Li UP EXISTING RESTROOM PROPOSED EXPANSION) HL ® EXISTING COMMERCIAL ' EXISTING MECHANICAL i I 616 E. HYMAN REDEVELOPMENT 616 E.HYMAN AVENUE ASPEN,COLORADO 81611 I poss SCHEMA TIC DESIGN: PLAN-PROPOSED BASEMENT LEVEL 0=01" 12 A5 805 FAST MAIN STRUT T COLDRA00 61611 A 0 4 8 16 «` `.,;04/30/20 1 i1810IB- 0153 If I81-t0 3850 I PROPOSED:NEW WALLS (SHOWN IN GRAY) ' PROPOSED:NEW ELEVATOR W/PRIVATE KEY CODE ACCESS TO PENTHOUSE ' PROPOSED:NEW CORRIDOR/ SECOND MEANS Of EGRESS I I UP DN -1 PROPOSED I o PARKING I ' (HC) II EXISTING ,ExlsnNC PLANTER ATRIUM PROPOSED PUBLIC AMENITY (OPEN TO ABOVE COMMERCIAL SPACE) /AND BELOW),1`.... I�. L... o \\ 'PROPOSED PLANTER -.- I FT I I I ' III , I II - I � DN UP I I ' I PROPOSED SERVICE I o rneD ALLEY PROPOSED RESTROOM I I I ' I PROPOSED PARKING Eo PROPOSED COMMERCIAL I ' II PROPOSED -- PARKING I " II 60 I � I I I ' III PROPOSED to PARKING I I a PROPOSED:NEW WINDOW ®I ' 616 E. HYMAN REDEVELOPMENT 616 E.HYMAN AVENUE ASPEN,COLORADO 81611 oss SCHEMATIC DESIGN: PLAN-PROPOSEDLEVEL�I Q � �j O �.—I�r��� o al /2012 0 4 8 6 605 EAST MAIM STREET ASPEN, EOLORRDO 1 511 IT)a7 0/6]5 6>SS Li)6I0/6]0 -IS i I � I � PROPOSED:NEW ELEVATOR W/PRIVATE E KEY CODE ACCESS TO PENTHOUSE PROPOSED:NEW WALLS PROPOSED:ENTRY VESTIBULE PROPOSED:NEW CORRIDOR/ )SHOWN IN GRAY) &STAIR TO PENTHOUSE SECOND MEANS OF EGRESS PROPOSED \ DECK EXISTING ATRIUM,ice (OPEN TO BELOW) j l J UP I PROPOSED A.H.U. I I PROPOSED ADA RESTROOM ALLEY i I PROPOSED ® ,y ® COMMERCIAL I I I i I I I I I i 616 E. HYMAN REDEVELOPMENT 616 E.HYMAN AVENUE ASPEN,COLORADO 81611 poss 16 SCHEMATIC DESIGN: PLAN-PROPOSED LEVEL 2 A7 O 026)^ „„„„Oa/30/2012 0 4 8 605 EAST MAIN STREET ASPEN, COLORA00 8 1611 (T)270/X 25 6)55({)9]0 10X0]050 i i PROPOSED:NEW ELEVATOR W/PRIVATE KEY CODE ACCESS TO PENTHOUSE PROPOSED I ® MECHANICAL iROOF I I DN I I � � I I I � I I � I I , I a I ® I PROPOSED RESIDENTIAL I I I I I PROPOSED DECK I I � I I , PROPOSED DECK I I I PROPOSED:SCREEN I CANOPY ABOVE (SUPPORT COLUMNS SHOWN: ROOF/ PLANTER - PROPOSED:SCREEN CANOPY ABOVE (SUPPORT COLUMNS SHOWN( 616 E. HYMAN REDEVELOPMENT 616 E.HYMAN AVENUE ASPEN,COLORADO 81611 OJJ SCHEMATIC DESIGN: P.AN-PROPOSED LEVEL 3 A Q O 02012 ";„K04/30/2012 A8 p q g 6 P III EAST Mux S Ei Pl. CDID0.1 0 ell 'T,_Dig 25 0735(F)210161.3Y SD ELEVATOR OVERUN SCREEN CANOPY CHIMNEY s _ T.O.PARAPET 140'-0' �T.O.PARAPET _ _ PAINTED STEEL COLU STONE VENEER GLASS GUARDRAIL BUILDING OUTLINE FOR NEIGHBORING BUILDING _ F.F.LEVEL 3 -- - -- 123'-0' METAL PANEL 1 I ' _ F.F.LEVEL 2 112'-0' ALUMINUM STOREFRONT / SYSTEM ( F.F.LEVEL 1 100' _0 ' 616 E. HYMAN REDEVELOPMENT 616 E.HYMAN AVENUE ASPEN,COLORADO 81611 SCHEMATIC DESIGN: ELEVATION-SOUTH POSS ARCHITECTURE + PLANNING 04,30,2012 g D q g 16 400 E4tT 41414 OT4[[T 4ir[R COLO4400 4.111 IT)010/420 1100(!)470/020 2950 CHIMNEY BEYOND SCREEN CANOPY ELEVATOR OVERUN BEYOND T.O. PARAPET —139'-0' T.O. PARAPET 137'-0' PAINTED STEEL COLUMN --— STONE VENEER I �} GLASS GUARDRAIL METAL PANEL F.F. LEVEL 3 BUILDING OUTLINE - o FOR NEIGHBORING o BUILDING / ._.- F.F. LEVEL 2 112'-o, COLORED CMU v o PAINTED STEEL COLUMN F.F. LEVEL 1 �, 100' 0'+ 616 E. HYMAN REDEVELOPMENT 616 E.HYMAN AVENUE ASPEN,COLORADO 81611 pOSS WHITEGTURE + PLANNING SCHEMATIC DESIGN: ELEVATION-NORTH � ' ` eoe usr nu■ srs[[r esr[s eowsaoo nen 0 4 8 16 O.V12°----.,,,,,�04/W/2012 A" 0 li)o101 2 I7[[lrr o7 on to also ELEVATOR OVERUN STONE VENEER PAINTED STEEL COLUMN PARAPET LINE OF PROPOSED DEVELOPEMENT HIDDEN FROM VIEW GLASS GUARDRAIL METAL PANEL �--— T.O.PARAPET 126'-6' F.F.LEVEL 3 123'-0' F.F.LEVEL 2 112'-O' ALUMINUM STOREFRONT SYSTEM BUILDING OUTLINE FOR NEIGHBORING BUILDING EAST HYMAN AVE. F.F.LEVEL 1 100'-0' ALLEY 616 E. HYMAN REDEVELOPMENT 616 E.HYMAN AVENUE ASPEN,COLORADO 81611 SCHEMATIC DESIGN: ELEVATION-WEST 01 04/3o/2D12 7 pOSS ARCHITECTURE+ PLANNING 8 ,6 iil'1'o/1=I'4765 in glo/'xo 205e iai D FIREPLACE CHIMNEY SCREEN CANOPY SCREEN CANOPY T.0_PARAPET 139'-0' TO PARAPET 140' -10 i _ - PAINTED STEEL COLUMN _ -- - F.F.LEVEL 3 123'-0' T.O.PARAPET ' 126'-6' - - F.F.LEVEL!-,L- ----- -_ - 112'-0. STONE VENEER - ALLEY - BUILDING OUTLINE F.F.LEVEL 1 EAST HYMAN AVE. ___ FOR NEIGHBORING BUILDING 100'-0' 616 E. HYMAN REDEVELOPMENT 616 E.HYMAN AVENUE ASPEN,COLORADO 81611 /� T-a SCHEMATIC DESIGN: ELEV ATION EAST =Mf �Ogj30j2012 A l z POSE ARCHITECTURE + PLANNING 4 B 16 D �nci,oi.xle ♦16E�1i1'.1EOIYCxoxaxeonen s � I j SPRING STREET ,I �I n HUNTER STREET I J 616 E.HYMAN AVE. Epp BLOCK 616 E. HYMAN REDEVELOPMENT 616 E.HYMAN AVENUE ASPEN,COLORADO 81611 TIC DESIGN: ELEVATION-HYMAoN AVE 12A13 SCHEMA COMPOSITE P OSS ARCHITECTURE + PLANNING D ,s BRe [.RT MRIR 4TRE[T RsiER. COL000e "S" Il)Rl elR2e {T es lil010/RRe fISO e '�\� -•.�`�` vim•,, `�� # x� � .. o,u4Y�1�dn. sw;.., �� 1 _ a, r lb 4. EXISTING NET LEASABLE: — EXISTING BASEMENT LEVEL 3,331 S.F. TOTAL EXISTING LEVEL 1 3,261 S.F. TOTAL EXISTING L 2 2,454 S.F. TOTAL TOTAL EXISTING NET LEASABLE 9,046 S.F. ALLEY — — — — — — — — — — — — — PARKING ABOVE& /BELOW BELOW / 1 \ � I PATIO PLANTER EXISTING LEASABLE LEVEL 2 EXISTING LEASABLE LEVEL' EXISTING LEASABLE BASEMENT 616 E. HYMAN REDEVELOPMENT 6 HYMAN AVENUE ASPEN,COLORADO 81611 S C H E M A T I C D E S I G N: 'XISTIN ATIONSASoABLE„AREANoa/so/2012 A 15 posse B 6 32 605 Fe9i M919 919FET 9 [M.[�9 1 911' Q (1191919991155({1910/999 3950 DECKS EXISTING F.A.R.CALCULATIONS: EXISTING BASEMENT LEVEL BASEMENT LEVEL(N/A-NO EXPOSURE) 4,437 S.F. EXISTING E�1 4,203 S.F. LEVEL 1 FLOOR AREA 0 S.F. LEVEL 1 DECKS EXISTING 2 3,193 S.F. LEVEL 2 FLOOR AREA 907 S.F. LEVEL 2 DECKS TOTAL S.F. 907 S.F. GROSS EXISTING TOTAL EXEMPT BASEMENT 4,437 S.F. 7,396 S.F. ACTUAL F.A.R. ALLEY — — — — — — — — — — — — — PARKING 1 , OP TO � ti OPEN TO A �� � a sE:ow � BE� � DECK 907 S.F. PLANTER — � � -- - - - EXISTING F.A.R.LEVEL 2 EXISTING F.A.R.LEVEL 1 EXISTING F.A.R.BASEMENT 616 E. HYMAN REDEVELOPMENT 6 HYMAN AVENUE ASPEN,COLORADO 81611 S C H E M A T I C D E S I G N: EXISTING F.A.R.CALCULATIONS/30/20 2 A 1 posy 8 6 32 805 FAST S1AIR S.REF. ASS E CO R 0 81611 (.18101816 4...CF 7 81838 8880 PROPOSED NET LEASABLE: 3,168 S.F. PROPOSED BASEMENT LEVEL 3,251 S.F. PROPOSED LEVEL 1 3,161 S.F. PROPOSED LEVEL 2 0 S.F. PROPOSED LEVEL 3 TOTAL PROPOSED NET LEASABLE 9,580 S.F. PROPOSED NET LIVABLE S.F. PROPOSED NET BASEMENT 936 0 0 S.F. NON-UNIT SPACE PROPOSED NET AHU ILVL.2 PROPOSED NET RESInENTIAL ILVL.2&31 2,405 S.F. PROPOSED NET DECK SPACE ILVL 2&3) 2,246 S.F. PROPOSED NET LEASABLE 5,587 5. . TOTAL NET LIVABLE TOTAL NET(LEASABLE&LIVABLE) 15,167 S.F. PROPOSED NET AHU PROPOSED NET RESIDENTIAL PROPOSED NET DECK -___--- ------ SPACE 67 S.F. i----------- PROPOSED NET DECK SPACE — —-—-—-—-- — — — �� I I I I{ \ � � \ � _ \ p?OPOSED NET RESIDENTIALr - I -- -, '�`\ PROPOSED NET F_ I I � A - � � � ��V I RESIDENTIAL SI S.F. S COND V 2 11 79 � i I I I I I � I I ilk � -- - L PRCPOSED NET LEASABLE,ADU,&DECK SPACE-LEVEL 2 PROPOSED NET RESIDENTIAL&DECK SPACE-LEVEL 3 - PROPOSED NET LEASABLE BASEMENT PROPOSED NET LEASABLE LEVEL 1 616 E. HYMAN REDEVELOPMENT 616 E.HYMAN AVENUE ASPEN,COLORA/D�O 81611 SCHEMATIC DESIGN: AREEAOCALCULATIO SBLE F&L,0p4 0/2012 / poss (D U 8 16 32 605 TAST M IN 5 RFEi ASREK CDIDRADD S II (T)97 1.254 531i)8]D/R]00050 PROPOSED F.A.R.CALCULATIONS: DECKS PROPOSED BASEMENT LEVEL BASEMENT LEVEL(N/A-NO EXPOSURE) 4,438 S.F. PROPOSED LEVEL 1 4,199 S.F. LEVEL 1 FLOOR AREA 1,140 S.F. CARPORT/SERVICE YARD 0 S.F. LEVEL 1 DECKS PROPOSED LEVEL 2 5,153 S.F. LEVEL 2 FLOOR AREA 67 S.F. NON-UNIT SPACE LEVEL 2 DECKS PROPOSED LEVEL 3 2,526 S.F. \ PROPOSED NET LEASABLE LEVEL 3 FLOOR AREA 2,180 S.F. LEVEL 3 DECKS 17,456 S.F. PROPOSED NET AHU TOTAL GROSS PROPOSED 4,438 S.F. I 1 LESS TOTAL EXEMPT BASEMENT CARPORT ALLOWABLE(2 UNITS) 500 S.F. 2,247 S.F. PROPOSED NET RESIDENTIAL TOTAL DECKS DECK ACTUAL PROPOSED F.A.R. 12,518 S.F.- - - - - - PROPOSED NET DECK SPACE 67 S.F. - - ------------ -----�"- --- --,�- -- + --- \ t AREA CARPORT SERVIC �\ I '-T�'- - - v A y A A , , y, , �i PROPOSED FAR LEVEL 3 PROPOSED FAR LEVEL 1 PROPOSED FAR LEVEL 2 PROPOSED FAR BASEMENT 616 E. HYMAN REDEVELOPMENT 616 E.HYMAN AVENUE ASPEN,COLORADO 81611 SCHEMATIC DESIGN: PROPOSED F.A.R.CALCULATIONS 02012=�P�04/3o/2D12 A18 posy O 8 6 32 605 ESi MSIM BEET SPFM. LDl00.OD 51511 111010/035 0155(f1 B10/B3D 3050 Ir AREAS: 3,423 S.F. BASEMENT COMMERCIAL 1,015 S.F. BASEMENT NON-UNIT LEVEL 1 COMMERCIAL 4,249 S.F. LEVEL 1 NON-UNIT 1,440 S.F. LEVEL 2 COMMERCIAL 3,323 S.F. LEVEL 2 NON-UNIT 570 S.F. LEVEL 2 AHU 1,011 S.F. LEVEL 2 DECK 57 S.F. NON-UNIT SPACE LEVEL 2 FREE MARKET 57 S.F. LEVEL 2 FREE MARKET NON-UNIT 192 S.F. COMMERCIAL LEVEL 3 RESIDENTIAL 2,529 S.F. LEVEL 3 DECKS 2,177 S.F. ... _...... AHU RESIDENTIAL PARKING HC AREA: 305 S.F.) (ACCESS RAMP AREA: III 333 S.F.) )PARKING AREA: DECK - -—-—- -a- - —- - - -— DECK soz S.F.) 67 S.F* I II , z RESIDENTIAL. . 12,529 S.F. FREE MARKET V A NON-UNIT: ROOF/ 192 S.F. vv \ � �■ FREE MARKET: AA\ F_—__-1 � \\ � � � � � \ ks7 S.F. A,� C MMERC�� •_ — I NON-UNIT: COMMERCIA 3,423 t ' DECK � 1 j OTHIRD LEV EL: .: -- )SPACE 7 AREA: �\ I \2.8545.FJ ' i I 2177 SF 1 PROPOSED NET LEASABLE-LEVEL 1 PROPOSED NET LEASABLE,ADU,&DECK SPACE-LEVEL 2 PROPOSED NET RESIDENTIAL&DECK SPACE-LEVEL 3 PROPOSED NET LEASABLE-BASEMENT 616 E. HYMAN REDEVELOPMENT 616 E.HYMAN AVENUE ASPEN,COLORADO 81611 A" SCHEMATIC DESIGN: NON-UNIT SPACEG a My oaisoi2olz A1.9 P O S S.Ix srBS2r ssvex DioBe e 1 t1 10/025 xlee lfl BI DI 820 20SD Section IV: Review Requirements In light of the foregoing, this application is submitted pursuant to the following sections of the Code: 26.304, Common Development Review Procedures; 26.412, Commercial Design Review; 26.430, Special Review; 26.575.060 Utility/Trash/Recycle Service Areas; and 26.710.150, Commercial (C-1) Zone District. The applicable provisions are addressed below. Conceptual Commercial Design Review Approval Section 26.412.050 of the Code provides the review criteria for Commercial Design Review. These requirements are provided below in italics and each is followed by a response demonstrating compliance and/or consistency therewith, as applicable. In addition to the responses provided below, please refer to the accompanying plan sets; as allowed by the Code, a 3-D model of the proposal in the context of the surrounding area will be provided at least one week prior to the first scheduled hearing date before the P&Z. A. The proposed development meets the requirements of Section 26.412.060, Commercial design standards, or any deviation from the standards provides a more appealing pattern of development considering the context in which the development is proposed and the purpose of the particular standard. Unique site constraints can justify a deviation from the standards. Compliance with Section 26.412.070, Suggested design elements, is not required but may be used to justify a deviation from the standards. Compliance with the requirements of Section 26.412.060 will be addressed below. B. For proposed development converting an existing structure to commercial use, the proposed development meets the requirements of Section 26.412.060, Commercial design standards, to the greatest extent practical. Changes to the facade of the building may be required to comply with this Section. The proposed development will not be converting an existing structure to commercial use. The building is already used for commercial purposes and will become a mixed-use building with the addition of free-market and affordable residential uses (one unit of each). C. The application shall comply with the guidelines within the Commercial, Lodging and Historic District Design Objectives and Guidelines as determined by the appropriate Commission. The guidelines set forth design review criteria, standards and guidelines that are to be used in making determinations of appropriateness. The City shall determine when a proposal is in compliance with the criteria, standards and guidelines. Although these criteria, standards and guidelines are relatively comprehensive, there may be circumstances where alternative ways of meeting the intent of the policy objectives might 616 E.Hyman Commercial Design Review Application Page 5 be identified. In such a case, the City must determine that the intent of the guideline is still met, albeit through alternative means. (Ord. No. 13, 2007, §1) Compliance with the Commercial, Lodging and Historic District Design Objectives and Guidelines (the "Guidelines") is addressed below. Section 26.412.060 of the Code provides that the following design standards shall apply to commercial, lodging and mixed-use development: A. Public amenity space. Creative, well-designed public places and settings contribute to an attractive, exciting and vital downtown retail district and a pleasant pedestrian shopping and entertainment atmosphere. Public amenity can take the form of physical or operational improvements to public rights-of-way or private property within commercial areas. On parcels required to provide public amenity, pursuant to Section 26.575.030, Public amenity, the following standards shall apply to the provision of such amenity. Acceptance of the method or combination of methods of providing the public amenity shall be at the option of the Planning and Zoning Commission or the Historic Preservation Commission, as applicable, according to the procedures herein and according to the following standards: 1. The dimensions of any proposed on-site public amenity sufficiently allow for a variety of uses and activities to occur, considering any expected tenant and future potential tenants and uses. 2. The public amenity contributes to an active street vitality. To accomplish this characteristic, public seating, outdoor restaurant seating or similar active uses, shade trees, solar access, view orientation and simple at-grade relationships with adjacent rights-of-way are encouraged. 3. The public amenity and the design and operating characteristics of adjacent structures, rights-of-way and uses contribute to an inviting pedestrian environment. 4. The proposed amenity does not duplicate existing pedestrian space created by malls, sidewalks or adjacent property, or such duplication does not detract from the pedestrian environment. 5. Any variation to the design and operational standards for public amenity, Subsection 26.575.030.F., promotes the purpose of the public amenity requirements. There is currently an area measuring 19.4'W x 22.2'D, or 430.68 square feet, that provides qualifying public amenity space on the subject property. This 7.2% of the 6,000sf lot area supplies public amenity space in the form of a walkway and a landscaped garden at the southwest corner of the property. The proposed addition/remodel will in no way decrease this space, however, there is no practical opportunity to increase this space or provide additional public amenity space while maintaining the existing footprint of the building. The development proposed in this application involves only a remodel/addition, not a redevelopment of the property. Therefore, no additional public amenity space should be required. That said, if and to the extent the City finds that at least 10% public amenity space 616 E.Hyman Commercial Design Review Application Page 6 (600sf) is required, the applicant will pay $12,699.00 ($75 per square foot) of cash-in-lieu for the 169.32sf deficit (600sf minus 430.68sf). A separate landscape plan has not been provided herewith because, as noted on the proposed Site Plan, "All existing on-site vegetation is to remain" and "adjacent sidewalks and associated landscape improvements will be maintained and/or replaced to the extent and in the manner required by the Parks and Engineering Departments." Aside from the existing landscaped area, both the existing structure and its proposed remodel/addition consume the remainder of the site and leave no opportunity for additional landscaping. B. Utility, delivery and trash service provision. When the necessary logistical elements of a commercial building are well designed, the building can better contribute to the overall success of the district. Poor logistics of one (1) building can detract from the quality of surrounding properties. Efficient delivery and trash areas are important to the function of alleyways. The following standards shall apply: 1. A utility, trash and recycle service area shall be accommodated along the alley meeting the minimum standards established by Section 26.575.060, Utility/trash/recycle service areas, unless otherwise established according to said Section. 2. All utility service pedestals shall be located on private property and along the alley. Easements shall allow for service provider access. Encroachments into the alleyway shall be minimized to the extent practical and should only be necessary when existing site conditions, such as an historic resource, dictate such encroachment. All encroachments shall be properly licensed. 3. Delivery service areas shall be incorporated along the alley. Any truck loading facility shall be an integral component of the building. Shared facilities are highly encouraged. 4. Mechanical exhaust, including parking garage ventilation, shall be vented through the roof. The exhaust equipment shall be located as far away from the street as practical. 5. Mechanical ventilation equipment and ducting shall be accommodated internally within the building and/or located on the roof, minimized to the extent practical and recessed behind a parapet wall or other screening device such that it shall not be visible from a public right-of-way at a pedestrian level. New buildings shall reserve adequate space for future ventilation and ducting needs. (Ord. No. 13, 2007, §1) All existing utility service pedestals are located on private property and along the alley frontage of the structure. The alley side of the existing building contains a trash dumpster located in one of the parking spaces (contrary to the requirements of Code Section 26.575.060(A)(3), as well as utility meters and wires scattered haphazardly. As proposed, all utility service pedestals will remain on private property and along the alley. When subdivision review is completed, the required final plat will include necessary easements to accommodate service provider access. The proposal does not include a parking garage and, therefore, does not require any associated mechanical exhaust equipment. Any other types of 616 E.Hyman Commercial Design Review Application Page 7 mechanical ventilation equipment and ducting will be accommodated internally and/or be located on the roof and screened such that it will not be readily visibly from the street or sidewalks at pedestrian level. As shown on the proposed plans, the remodel of this building will include a formal Trash/Utility/Recycle service area that will be located on and accessed from the alleyway. The dimensions of the proposed trash/utility/recycle service area are 175W x 19.2'D with a vertical clearance of 11'. The proposed area does not include the Code required twenty (20) lineal feet of frontage along the alley and, therefore, requires special review approval from the P&Z pursuant to Code Section 26.575.060(B) and in accordance with the procedures set forth at Chapter 26.430 of the Code. Special review approval from the P&Z for a 2.5 foot reduction to the otherwise required width of the utility/trash/recycle service area is accordingly and hereby requested. The P&Z is authorized to reduce the dimensions of the utility/trash/recycle service area if: 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. The proposed utility/trash/recycle service area will be more than adequate to service the commercial/office and residential uses in the building without unnecessarily sacrificing area needed to accommodate off-street parking. The entire alley frontage of the property measures only sixty (60) lineal feet and, given the requirements for parking off the alley, a third (33.3%) of this frontage cannot be wasted on inefficiently laying out the utility/trash/recycle service area in a broad-brush prescribed fashion. The proposal is supplying more than the total area otherwise required by Code Section 26.575.060 but in a different, more efficient configuration that does not eliminate space needed for accommodating off-street parking. That is, said Code Section requires an area measuring 20'W x 10'D, or a total of 200sf for the trash/utility/recycle service area while the proposed area fronts on the alley and measures 175W x 19.2'D, or approximately 336sf. As such, the proposed area is more than 68% greater than actually required by Code. The proposed area includes accessibility area along its entire depth (from the rear egress of the building to the alley). As such, the utility meters/pedestals located closer to the building will be accessible to service providers. Furthermore, the trash facility (an enclosed, bear-resistant Page 8 616 E.Hyman Commercial Design Review Application dumpster) will be on wheels and will abut the alley making it easily movable by and accessible to trash personnel. If trash compaction can be accommodated and proves necessary, arrangements with the trash collection company will be made to enable such. The Commercial, Lodging and Historic District Design Objectives and Guidelines (the "Commercial Guidelines") set forth design review criteria, standards and guidelines that are to be used in making determinations of appropriateness. The Commercial Guidelines are organized to address the different design contexts that exist in the City. These distinct settings, or contexts, are defined as "Character Areas," within which variations exist among the physical features that define each area. The proposed development is located in the "Commercial Character Area," one block east of the Commercial Core. Per the Commercial Guidelines, all development projects should achieve the following design objectives: • Promote an interconnected circulation system that invites pedestrian use, including a continuous street and alley system and a respect for the natural topography; • Promote a system of public places that support activities, including public amenity spaces, compatible landscaping and paving, and unobtrusive off-street parking; and • Assure that buildings fit together to create a vibrant street edge that reinforces a sense of appropriate scale. The Commercial Character Area largely mirrors the Commercial (C-1) Zone District which forms the immediate fringe of much of the Commercial Core Historic District (CC). Building heights and materials in the C-1 zone vary. Storefront design and display is a less dominant characteristic than in the CC area. The street wall is less defined than in the CC, and building facades are sometimes set back or include front yard space. The purpose of the Commercial (C-1) zone district is stated in Section 26.710.150(A) of the Code as follows: ...to provide for the establishment of mixed-use buildings with commercial uses on the ground floor, opportunities for affordable and free-market residential density. A transition between the CC and surrounding residential neighborhoods has been implemented [emphasis added] through a slight reduction in allowable floor area as compared to the Commercial Core, the ability to occupy the Ground Floor with offices, and a separate Chapter in the Commercial Design Guidelines. Compliance with the C-1 zoning, its dimensional requirements and the Commercial Design Guidelines, therefore, inherently ensures provision/implementation of a successful transition from the CC to the adjacent residential neighborhoods. 616 E.Hyman Commercial Design Review Application Page 9 Following are the adopted key design objectives in the Commercial Character Area: 1. Strengthen the sense of relatedness with the Commercial Core Historic District. Strengthening the definition of the street edge in a manner similar to the Commercial Core is desired. At the same time, the Commercial Area is a place where more variety in design is encouraged. Imitating historic styles is not an objective, but re-establishing a sense of a stronger fundamental framework will enhance the urban qualities of this area and is a priority. 2. Maintain a retail orientation. Greater retail presence at the street edge should be achieved to ensure an enhanced street vitality and an enriched and more urban definition of the commercial street frontage. 3. Promote creative, contemporary design. Designs should seek creative new solutions that convey the community's continuing interest in exploring innovations. At the same time, the fundamental principles of traditional design must be respected. This means that each project should strike a balance in the design variables that are presented in the following pages. 4. Encourage a well-defined street wall. The intent is to more clearly establish a strongly defined street wall, but with some greater variety than in the Commercial Core Historic District since the historic building edge is not as defined. A stronger street facade definition should be achieved while at the same time recognizing the value of public dining and landscaped space. 5. Reflect the variety in building heights seen traditionally. It is important that a range and variation in building height and scale in the Commercial Area be recognized in future development. Larger buildings should be varied in height and reflect original lot widths. 6. Accommodate outdoor public spaces while establishing a clear definition to the street edge. Providing space in association with individual buildings remains important, but should be balanced with much greater building street presence and corner definition. 7. Promote variety in the street level experience. Display cases, architectural details and landscaping are among the design elements that should be used While the proposal's compliance with the C-1 Zone District inherently assures its contribution toward a successful transition from the Commercial Core to the adjacent residential neighborhoods, the Design Guidelines stress strengthening the sense of relatedness between the Commercial Character Area and the Commercial Core. The Guidelines provide that this goal of relatedness to the Commercial Core is accomplished through a greater variety in design in the Commercial Character Area. The existing design of the 616 East Hyman building is doing very little to forward this goal. However, the proposal will deliver the architecture and design from the realms of underwhelming and insignificant to clean, contemporary, creative and effective in reinvigorating the desired sense of relatedness to, and transition from, the Commercial Core. The subject block of East Hyman Avenue includes on its north side (from east to west): the recently remodeled, AspenModern designated, three-story, mixed-use Crandall Building; the mixed-use Tamarawood Building (home to L'Hostaria) with an exposed lower level and two 616 E.Hyman Commercial Design Review Application Page 10 stories above grade; the subject property; the mixed-use, proposed-for-AspenModern- designation Ellie Brickam Building (home to Charles Cunniffe Architects) with two-and-a-half existing stories above grade and another proposed; and the two-story offices of Chaffin-Light Real Estate. The south side of this block on East Hyman Avenue includes (from east to west): the approved and soon to be built three-to-four story Aspen Art Museum and mixed-use Muse Building; and the two-story Offices of Garfield & Hecht, for which there is a pending application for three-story, mixed-use redevelopment. Nearly every building on this block is predominantly commercial but includes residential use on its upper floor, which is apropos for this zone of transition from multi-family residential on the east to the Commercial Core on the west. This block resides roughly at the center of both the C-1 Zone District and the Commercial Character Area. Very appropriately, this long under-appreciated block is poised to and fast becoming one of the most exciting, eclectic in contemporary design, mixed-use areas of the City. The heavy mix of professional office space with mixed-in retail and residential uses, plus the strong civic presence of the coming Art Museum truly present the realization of this area's adopted goals relative to both use and design. The proposed remodel and addition for the 616 East Hyman Avenue property is in perfect harmony with the current and expected future character of this block in terms of design variety, building heights, mass and scale, and mix of uses. The Museum, the Muse Building, and now the 616 East Hyman Building will provide exceptional, contemporary design compliments to the Brickam and Crandall Buildings of Aspen's AspenModern era. The proposed remodel/addition further promotes the adopted goals for the Commercial Character Area by avoiding any temptation to imitate historic styles but, instead, it promotes creative, contemporary design. The proposed building design fits seamlessly with and will enhance the current and expected range and variety in building heights, massing and scale found on the block. The proposed remodel and addition to 616 East Hyman Avenue maintains the same footprint as the existing building but will meet the sidewalk edge far more cleanly and with superior visual interest and presence. The result will be a more clearly established a strongly defined street wall but with more variety in its building edge than found in the Commercial Core. The existing landscaped area will be preserved but more cleanly and better framed than is the case today. Together with the improved architectural detailing, storefront type windows, and display cases, the enhanced south-facing landscape area's relatedness with the adjacent sidewalk area will promote variety in the street level experience. These qualities will support enhanced street vitality and the stated priority of enriching and enhancing the urban qualities of the Commercial Character Area. 616 E.Hyman Commercial Design Review Application Page 11 Outlined below is each of the Commercial Character Area's Conceptual Review Design Guidelines in italicized print, followed by a description of the proposal's compliance and/or consistency therewith, as applicable. 1.1 Orient a primary entrance toward the street. •A building should have a clearly defined primary entrance. •Providing secondary public entrances to commercial spaces is also encouraged on larger buildings. The existing building has clearly defined primary entrances that are all oriented toward the street. The proposed remodel will retain the entrances and their orientation to the street. 1.2 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. All streets and alleys will be retained and will continue to provide maximum public access. No streets or alleys will be enclosed or closed to public access. The building footprint is being maintained. Internal Walkways 1.3 Public walkways and through courts should be designed to create access to additional commercial space. • These may be shops that face onto walkways or courtyards. • See also: Public Amenity Space design guidelines. The public walkway that leads to the primary entrance on the property will be retained in the remodel. The interior courtyard design is also maintained and will continue to provide access to additional commercial space. 1.4 Develop an alley fagade to create visual interest. • Use varied building setbacks and changes in materials to create interest and reduce perceived scale. •Balconies, courtyards 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. The existing structure has no real visual interest whatsoever on the alley side. The proposed remodel/addition will greatly improve the visual interest on the alley fagade and includes varied building setbacks, as well as a combination of materials and a pair of deck spaces. 1.5 The visual impacts of structured parking should be minimized. The access shall be: 616 E.Hyman Commercial Design Review Application Page 12 •Located on an alley when feasible or a secondary street, designed with the same attention to detail and materials as the primary building facade, and integrated into the building design. 1.6 Structured parking should be placed within a 'wrap'of commercial and/or residential uses. The visual impacts of the parking area will be improved as a result of the remodel/addition and will continue to be located on the alley. The parking will continue to be at grade, surface spaces but instead of being completely exposed, it will be tucked beneath the cantilevered upper levels. Public Amenity Space 1.7A 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 1.8 A street facing public amenity space shall remain subordinate to the line of building fronts in the Commercial Area. • Any public amenity space positioned at the street edge shall respect the character of the streetscape and ensure that street corners are well defined, with buildings placed at the sidewalk edge. • Sunken spaces, which are associated with some past developments, adversely affect the street character. Where feasible, these should be replaced with sidewalk level improvements. 1.9 Street facing amenity space shall contain features to promote and enhance its use. These may include one or more of the following: •Street furniture •Public art •Historical/interpretive marker The existing public amenity space (walkway and landscaped garden), will not itself be altered or in any way changed as a result of the proposed project. No other public amenity spaces exist on the subject property. The existing landscaped area will be preserved but be more cleanly and better framed than is the case today. Together with the improved architectural detailing, storefront type windows, and display cases, the enhanced_south-facing landscape area's relatedness with the adjacent sidewalk area will promote variety in the street level experience. These qualities will support enhanced street vitality and the stated priority of enriching and enhancing the urban qualities of the Commercial Character Area. 1.18 Maintain the alignment of facades at the sidewalk's edge. •Place as much of the facade of the building at the property line as possible. •A minimum of 60% of the front facade shall be at the property line. •Locating an entire building front behind the established storefront line is inappropriate. 1.19 A building may be set back from its side lot lines in accordance with design guidelines identified in Street&Alley System and Public Amenity Space guidelines. 616 E.Hyman Commercial Design Review Application Page 13 Since the project proposes only a remodel and addition, as opposed to a redevelopment, the existing alignment of facades will continue unchanged. The footprint of the building is not changing but already meets this standard. That is, the property has 60 feet of street frontage and the existing landscaped area is only 19.4 feet wide;therefore the portion of the front facade at the property line measures 40.6 feet wide,which is 67.67% of the property frontage. 1.20 Building facades shall be parallel to the facing street(s) and primary entrances shall be oriented toward the street. 1.21 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 oriented to the street. The existing building and the proposed remodel's facades are parallel to the street and primary entrances are oriented toward the street. 1.22 Building facade height shall be varied from the facade height of adjacent buildings of the same number of stories by a minimum of 2 feet. • If an existing structure is three stories and 38 ft. tall for example, then adjacent new infill may be three stories, but must vary in facade height by a minimum of 2 ft. 1.23 A new building or addition should reflect the range and variation in building height of the Commercial Area. •Refer to the zone district regulations to determine the maximum height on the subject property. •A minimum 9 ft.floor to ceiling height is to be maintained on second stories and higher. The maximum height in the C-1 zone district is established at 28 feet for two-story elements and 36 feet for three-story elements of a building, which may be increased to 40 feet through Commercial Design Review. This proposal requires Commercial Design Review variation of the height limit to permit a maximum building height of 40 feet. As the composite elevation of East Hyman Avenue included with the proposed plan set illustrates, the proposed design fully satisfies the adopted building height variation and minimum floor to ceiling height objectives spelled out in these guidelines (1.22 and 1.23). The elegant design and massing of the proposed building fits seamlessly with and will enhance the current and expected range and variety in building heights, massing and scale found on the block. 1.24 Height variation should be achieved using one or more of the following: • Vary the building height in accordance with traditional lot width. • Set back the upper floor to vary the building facade profile(s) and the roof forms across the width and the depth of the building. • Vary the facade (or parapet) heights at the front. • Step down the rear of the building towards the alley, in conjunction with other design standards and guidelines. While preserving the existing footprint, building form and landscaped area, the remodel/addition successfully provides varied building heights with its setback upper floor areas. The setback upper floor recedes as it steps away from the street in a pattern matching Page 14 616 E.Hyman Commercial Design Review Application that of the lower floors. Compatibility with the predominant development pattern of the Commercial Character Area is achieved. A vertical orientation appropriate for a commercially oriented building is achieved in the window designs and solid elements that frame them. Metal panels inject horizontal features that unmistakably define the floor levels and give a clearly modern interpretation of cornice lines. The upper floor profile and roof form is varied across the width and depth of the building and its perceived height is effectively reduced by the projecting screen canopies. Similarly, the varied setback of the two story mass from the street, as well as that of the upper floor, gives the effect of varied heights at the front. At the rear of the building, the third floor addition stops well short of the alley, where its roofline steps down first to a screen canopy and then again to a two story mass. 1.25 On sites comprising more than two traditional lot widths, the faVade height shall be varied to reflect traditional lot width. • The fagade height shall be varied to reflect traditional lot width.•Height should be varied every 60 ft 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.fagade modules may be three stories tall, within an 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.) The subject property does not comprise more than two traditional lot widths, rending this guideline inapplicable. Nevertheless, the facade height of the proposed design is varied in accordance with the existing building footprint. Facade height variation is achieved by means of third floor setbacks and by the vertical panels extending through the second floor cornice form created by the metal banding and up to the top of the second floor roof deck railing. This varies from the metal banding cornice line which caps the two story form on the west side of the front facade. 1.26 Buildings on sites comprising more than two traditional lot widths shall achieve a minimum of two of the following: • 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 Since this site is comprised of only two traditional lot widths, this standard is not applicable. Regardless, the proposed design provides variation in height of building modules across the site, as explained above in response to guideline 1.25. Similarly, as explained in response to guideline 1.24, above, variation in massing is achieved through upper floor setback variation and the roofscape and screen canopy forms. 616 E.Hyman Commercial Design Review Application Page 15 1.27Anew building should step down in scale to respect the height,form and scale of a historic building within its immediate setting. 1.28 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. This development does not involve any new buildings and there are no single-story historic buildings adjacent to this property. The two-story fagade mass of the subject building is lower in height than that of the adjacent structures on both sides. Parkin Section 26.515.030 of the Code provides the number of required off-street parking spaces for each type of use and explains that an existing deficit of parking may be maintained when a property is expanded or redeveloped. The existing building has 9,046sf of net leasable commercial space which results in a requirement for 9.05 off-street parking spaces. Currently, the building has four (4) legitimate spaces that meet the dimensional requirements and restrictions of Code Section 26.515.020(A). While the alley frontage has six numbered parking spaces, one contains a trash dumpster and another obstructs a required back entrance/exit to the building which swings outwards into the space. Therefore, there is a parking deficit of 5.05 spaces (9.05 minus 4). This deficit is permitted to be carried forward to the remodel/addition proposed for the building. None of the existing parking meets accessibility requirements. The proposed remodel/addition will have 9,580sf of net leasable commercial space, which results in an off-street parking requirement of 9.58 spaces. No off-street parking is required for residential units (free-market or deed restricted) within a mixed-use building in the C-1 Zone District. Since the existing deficit of 5.05 spaces can be carried forward to the proposed remodel/addition pursuant to Code Sections 26.515.010(B) and 26.515.030, the applicant is required to provide 4.53 spaces (9.58 minus 5.05). Notwithstanding the fact that the remodel will provide the building's first accessible off-street parking space, only four (4) total spaces can be provided on-site while accommodating an adequate utility/trash/recycle service area. Therefore, the applicant will pay cash-in-lieu of 0.53 parking spaces (4.53 minus 4), as allowed by-right pursuant to Code Section 26.515.030, in the amount of $19,900.00 ($30,000 per off- street parking space per Code Section 26.515.050(B)(1)) at the time of building permit issuance. Court House View Plane Number One As demonstrated on the Improvement Survey prepared by Aspen Survey Engineers, the Court House View Plane Number One intersects 616 East Hyman Avenue at the southwest corner of the property. While the high-point of the property resides outside of the view plane (southeast corner of the property), it is at elevation 7,919.1' above mean sea level; the lowest elevation 616 E.Hyman Commercial Design Review Application Page 16 point of view plane intersection with the property is at 7,965.92' above mean sea level. Therefore, even though this absolute worst-case scenario is not affected by the view plane area, it demonstrates that the view plane height limit is at no point less than 46.82 feet (7,965.92 minus 7,919.1). Thus, the height of the view plane as is crosses the subject property exceeds the 40 foot height limit of the C-1 Zone District; therefore, by complying with the C-1 Zone height limit this proposal inherently complies with the Court House view plane restrictions enumerated in Section 26.435.050 of the Code. Section V: Summary The proposal complies with the C-1 Zone District, which according to the codified intent statement for this zone district means it inherently assures its contribution toward a successful transition from the Commercial Core to the adjacent residential neighborhoods. In addition, by being completely consistent with the Commercial Character Area Design Guidelines, the project will forward the goal of strengthening this area's sense of relatedness to the Commercial Core. The existing design of the 616 East Hyman building is doing very little to forward these goals, but the proposal will deliver the architecture and design from the realms of underwhelming and insignificant to clean, elegant, contemporary, creative and effective in reinvigorating the desired sense of relatedness to and transition from the Commercial Core. This block resides roughly at the center of both the C-1 Zone District and the Commercial Character Area. Very appropriately, this long under-appreciated block is poised to and fast becoming one of the most exciting, eclectic in contemporary design, mixed-use areas of the City. Nearly every building on the subject block is predominantly commercial but includes residential use on its upper floor, which is apropos for this zone of transition from multi- family residential on the east to the Commercial Core on the west. The heavy mix of professional office space with mixed-in retail and residential uses, plus the strong civic presence of the coming Art Museum truly present the realization of this area's adopted goals relative to both use and design. The proposed remodel and addition for the 616 East Hyman Avenue property is in perfect harmony with the current and expected future character of this block in terms of design variety, range of building heights, varied mass and scale, and mix of uses. The Museum, the Muse Building, and now the 616 East Hyman Building will further promote the adopted goals for the Commercial Character Area by avoiding any temptation to imitate historic styles while proving exceptional, contemporary design compliments to the Brickam and Crandall Buildings of Aspen's AspenModern era. 616 E.Hyman Commercial Design Review Application Page 17 Exhibits: 1. Land Use Application &Dimensional Requirements Forms 2. Proof of Ownership 3. Pre-Application Conference Summary 4. Authorization Letter 5. Dimensional Requirements of the Commercial (C-1) Zone District 6. Area Calculations, Measurements and AH Mitigation Requirements 7. An Executed Application Fee Agreement; and, 8. Mailing addresses of record for all property owners within a 300' radius. Attachments: • Existing Conditions Survey and Floor Plans • Proposed Drawings and Elevations 616 E.Hyman Commercial Design Review Application Page 18 EEXHIBIT ATTACHMENT 2-LAND USE APPLICATION PROJECT: Name: 1 rf �,y1 Location: 5 Z07S 6 (Indicate st eet address,lof&blo a number, legal description wher ro riate) oWh s a Parcel ID#(REQUIRED) 7 ­7 1r- f APPLICANT: / I/ Name: L- /oyr'1D /0/ (/ Address: l Phone#: `LC) + , . REPRESENTATIVE: ' ' Name: L Lc— P, Address: AN WI /1 Phone#: 970 7,S- 7�� TYPE OF APPLICATION: (please che—ck all that apply): ' ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD(&PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA—8040 Greenline, Stream ❑ Subdivision Exemption(includes ❑ Final SPA(&SPA Margin,Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment ❑ Other: ❑ Conditional Use EXISTING CONDITIONS: (description of existing buildings,uses,previous approvals,etc.) �'- See surys PROPOSAL: (description of proposed buildings,uses,modifications,etc.) _Terr-p de aar 69MM"Cl u�eS1a� and r�GI�� USIn Have you attached the following? FEES DUE: $ ® Pre-Application Conference Summary ❑ X Attachment#1,Signed Fee Agreement Response to Attachment#3,Dimensional Requirements Form Response to Attachment#4,Submittal Requirements-Including Written Responses to Review Standards ❑ 3-D Model for large project All plans that are larger than 8.5"X 11"must be folded. A disk with an electric copy of all written text (Microsoft Word Format)must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. ATTACHMENT 3 .;/ DIMENSIONAL REQUIREMENTS FORM Project: 6- 011 '4Ue Applicant: r l L d Location: / Zone District: C— / Lot Size: &.19 Lot Area: ---- (for the purposes of calculating Floor Area,Lot Area may be reduced for areas within the high water mark,easements,and steep slopes.Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing.-AM$ 'Proposed.* Number of residential units: Existing: -Proposed: Number of bedrooms: Existing: _Proposed.•�� Proposed%of demolition(Historic properties only): DIMENSIONS: (all Floor Area: Existing.-7.3%.W Allowable:2 s• Propos �i G7sfr M Principal bldg.height: Existing:V174 Allowable:qU1 wlProposed:// Access. bldg.height: Existing: N A Allowable: nl Proposed: On-Site parking: Existing: Required.-- 3 Proposed: 77 % Site coverage: Existing: MIA Required: AJ Proposed: Y-A %Open Space: Existing: 7 2 7o Required: /0 -o Proposed.• 7,Z�V Front Setback: Existing: Al A Required: AV Proposed.• )VIA Rear Setback: Existing. A Required: N A Proposed: Combined F/R: Existing: A)IA Required: A! Proposed:A)//,4- Side Setback: Existing: Required:A114 Proposed.•A Side Setback: Existing:All�A. Required: N IA Proposed.• Combined Sides: Existing.--IV ,9 Required: N A Proposed.• Distance Between Existing _Required.• A11A _Proposed: /V Buildings � Existing non-conformities or encroachments: C��Ci V riatio requested: Alb yai- Y)CGJS' 2� 0 Y J . ,l� l nA a W161A W Uw EXHIBIT PROFORMA TITLE REPORT SCHEDULE A 1. Effective Date: April 20,2012 at 8:00 AM Case No. PCT22283P2 2. Policy or Policies to be issued: Proposed Insured: PROFORMA 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: FURNGULF, LTD.,A COLORADO JOINT VENTURE 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: Lots N&0, Block 99, CITY AND TOWNSITE OF ASPEN PITKIN COUNTY TITLE,INC. 601 E.HOPKINS.ASPEN.CO.81611 970-925-1766 Phone/970-925-6527 Fax 877-217-3158 Toll Free AUTHORIZED AGENT Countersigned: SCHEDULE B•SECTION 1 REQUIREMENTS THIS REPORT IS FURNISHED FOA INF I RMATIONAL PURPOSES ONLY,IT IS NOT A CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CON�TRQED AS SUCH.IN THE EVENT A PROPOSED INSURED IS NAMED THE , COMPANY HEREBY RESERVES THE RHT- IG -TO MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS AS DEEMED NECESSARY.THE RECIPIENT-:OF?THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS ISSUED THIS REPOIjT=BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION CONTAINED HEREIN IS ACCURATE A D CORRECT,THE COMPANY SHALL NOT BE CHARGED WITH ANY FINANCIAL LIABILITY SHOULD THATI ROVE TO'BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO ISSUE ANY POLICIES,OF TITLE INSI1 NCE THIS.COMIVIITMENT IS FUflNISHfD FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A CONTRACT TO ISSUE TITLE IN=URANCE AND SHALL NOT BE CONSTRUED AS SUCH.IN THE EVENT A PROPOSED 1149UREDPS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO MAKE ADDITIONAL REQ.l1IREMENTS AND/OR EXCEPTIONS AS DEEMED NECESSARY.THE RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS ISSUED THIS REPORT 6,*THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION CONTAINED HEREIN IS ACCURATE AND CORRECT,THE COMPANY SHALL NOT BE CHARGED ' WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE. SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements,or claims of easements,not shown by the public records.- 3. Discrepancies,conflicts in boundary lines,shortage in area,encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the 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 of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable;and any tax,special assessment,charge or lien imposed for water or sewer service or for any other special taxing district. 7. Exceptions and Mineral Reservations as contained in the Patent to Aspen Townsite recorded March 1, 1897 in Book 139 at Page 21 B., Mall to: secretary of State For office use only Please Include a Corporations section typed 1680 Broadway,Su(te 900 self-addressed envelope Denver;00 80202 (303)884-2281 MUST BE TYPED Fax(303)884-22242 SUBMIT ORIGINAL 971005650 C $50.00 FILING FEE: #50.00 SECRETARY OF STATE 01-14.97 10:52 REGISTRATION STATEMENT FOR REGISTRATION AS A REGISTERED LIMITED UABIUTY PARTNERSHIP OR A REGISTERED LIMITED LIABILITY LIMITED PARTNERSHIP Pursuant to section 7-60-144,Colorado Revised Statutes,the undersigned partnership•has approved this registration statement in the manner provided in its partnership agreement or, If not so provided,such statement has been approved by all of Its general partners as follows: The name of the partnership` Is Fumgulf LLP If different,the name which It'proposes to register and under which It propose(to transact business in Colorado Is same The jurisdiction of Its formation (if other than Colorado) Is nfa The street address of Its principal office Is # 616 E. Hyman Avenue. Ashen,Colorado 81611 i If the principal office of a general partnership or a foreign limited liability partnership Is not In Colorado,the name and street address of Its Colorado registered agent for service of process on such general or foreign partnership Is n/a_ Last Name of an Individual or full name of an entity First and middle name of an Individual t Street address of registered agent name7100-M ve of 1p' Y eneral Partner ;As used in this statement, partnership refers to a general partnership or a limited pa nership formed In Colorado or a foreign limited liability partnership or limited liability limited partnership formed and registered in a jurisdiction other than Colorado. If formed in Colorado,a limited partnership must first or simultaneously file a Certificate of Limited Partnership,and if formed elsewhere, It must also file an Application for Registration as a foreign limited partnership tha Colorado Secretary of State. npS N� D644803.1—W5.1 �0ata6„2R.1P9A 0:61pn i I 00W low*. OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERT'IFICA'TE I, Scott Gessler,as the Secretary of State of the State of Colorado,hereby certify that, according to the records of this office, FURNGULF LLP is a Limited Liability Partnership formed or registered on 01/14/1997 under the law of Colorado,has complied with all applicable requirements of this office,and is in nd st Landing with this g"e. This entity has been assigned entity identification number 19971005650. This certificate reflects facts established or disclosed by documents delivered to this office on paper through 04/25/2012 that have been posted, and by documents delivered to this office electronically through 04/26/2012 @ 14:27:09. I have affixed hereto the Great Seal of the State of Colorado and duly generated,executed,authenticated, issued,delivered and communicated this official certificate at Denver,Colorado on 04/26/2012 @ 14:27:09 pursuant to and in accordance with applicable law. This certificate is assigned Confirmation Number 8230964. Y � • ,fit. Secretary of State of the State of Colorado *****************************s******x**s*****End of Notice: l cerlrf icattrssuedctochvnicat l�romthcColoradoStuet oLState's Web site isfdlv and lmrraediale lrralid and<lfecBre. However, as an option,tire issuance and wall&}•of a certificate obtained electronically Wray be established by vtsitntg the Certificate Confirmation Page of the Secretary of State's Web site, Ir t /hvany soc stare ca rrc/biz/CertfcateSearchCriteria.do entering the certificate ca) )nation number displmed an the certificate.and folloning the tnstrrmtions dispinred. Conpr-nrhrr the issuance of cer'tt sate Is 111011-10 :al and Is not aecessr),•to the valid and ejferp issumrce ofa certificate. poi more injornraNar,vtsit our f3'eb sNe, hill):/hrsM+•.sas.state.co.rts/clickBnsrness Centerandselect`Fi'egaentlyAskedQttestiorrc" CERI'GS D Revised 0$11012008 FIRST AMENDMENT TO PARTNERSHIP AGREEHEW OR FURNGULF LLP v THIS FIRST AMENDMENT is made and entered into as of the �- day of October, 1996 by and between MARTIN pLUG and JEREMY J. FLUG (together, the "Partners") . RECITALS A. The Partners are parties to the Joint Venture Agreement dated as of the 14th day of April, 1984 (the "Partnership Agreement"), and currently are all the partners of the partnership established under the Partnership Agreement (the "Partnership") . The Partnership is'a partnership formed pursuant to the Uniform Partnership Law of Colorado. B. The Partners desire to amend the Partnership Agreement to provide for the registration of the Partnership as a Colorado registered limited liability partnership and to adopt certain other changes. AMENDMENT The Partnership Agreement is hereby amended as follows: "Venturer"1 and E'Venturers" shall replaced Joint edJby thee terms", "Partnership", "Partner" and "Partners", respectively. 2. section 1.2 is amended to read as follows: 111.2 The name of the Partnership shall be "Furngulf LLP". 2. New Sections 1.6 and 1.7 shall be added and shall read as Follows: 111.6 R ristration as Limited Liability PA tAAr�- The Partnership shall register with the Secretary of State of the State of Colorado as a registered limited liability partnership pursuant to section 7-60-144, Colorado Revised Statutes ("CRS") . The Partnership shall make such limited liability partnership reports as required by section 7-60-149, CRS. In accordance with section 7-60-144(5), CRS, the Partnership shall be for all purposes the same entity that existed before it registered as a registered limited liability partnership." 01.7 Limited Liability of Partners. Except as expressly provided herein, the liability of the G.XDATAIPUBLkLt,T&1D546M.j _ October 22,x06 5?Spm IS i partners for debts, obligations and liabilities of, or chargeable to, the Partnership shall be limited to the fullest extent permitted by section 7-60-115(2), CRS." 3. Section 2.4 shall be amended to read as follows: 112.4 Capital Accounts Deficits. Upon termination of the Partnership, no Partner shall be obligated to restore the amount of a deficit in such Partner's capital account." 4. A new Section 4.2 shall be added to the Partnership Agreement, and shall read as follows: 114.2 Limitation on Distributions. A partner may not receive distributions from the Partnership in excess of those permitted by section 7-60-146, CRS.° 5. A new Section 6.12 shall be added to the Partnership Agreement, and shall read as follows: 116.12 Indemnification of Partners. Sm»loyees and Agents. The Partnership shall indemnify any person made a party to any proceeding because such person is or was a partner of the Partnership against liability incurred in any such proceeding, and shall advance expenses incurred in such proceeding to such person, to the fullest extent permitted under law, except with respect to acts not performed in good faith or not consistent with this Agreement. The Partnership may indemnify and advance expenses to an employee or agent of the Partnership to the same extent as a partner or to a greater extent if consistent with law." 6. A new Section 6.13 shall be added to the Partnership Agreement, and shall read as follows: "6.13 Third Party Beneficiaries. This Agreement shall not benefit or create any right or cause of action in or on behalf of any person other than the Partners." Except as amended by this First Amendment, all provisions of the original Partnership Agreement shall remain in full force and effect. -2- IN WITNESS WHEREOF, the undersigned have signed this � Amendment, to be effective as of the day and year first abo . written, notwithstanding the actual date-of exec jtkon. �E,�yt"jit•• //f���� Date of Execution M n Flu ; Date of Execution se',�n .` Ftig -3- t JOXNT VENTURE AGREtMENT THXS AGREEMENT is entered into as of L day of April, 1984 by and between'llartin Flug, Victoria F. Aybar• and Jeremy J. Flugr hereinafter collectively referred to as the "Venturers" and indi- vidually as a "Venturer". ' I. FORMATION. 1.1 Formation: The Venturers do hereby form a Joint Venture pursuant to the Uniform Partnership Law of Colorado. 1.2 Name: The name of the Joint Venture shall be Furngulf, Ltd. 1.3 Character of Business: The Joint Venture shall carry on the business of investing in real property and other investment activities as it may deem appropriate. The Joint Venture may transact such other business as may be necessary and incidental to its principal business or businesses. 1.4 Principal Place of Business: The principal place of business and the principal office of the Joint Venture shall be located at 616 E. Hyman Avenue, Aspen, Colorado 81611. The Joint Venture may also maintain such other offices at such other places as the venturers may- deem advisable. 1.5 Joint Venture Property: The Joint Venture's prop- erty shall be held in the name of the Joint Venture'. II. CAPITAL. 2.1 Capital Account: An individual, capital account shall be maintained for each Venturer. Contemporaneously with the execution of this Agreement, the Venturers shall contribute to the capital of the Joint Venture the assets set forth opposite their names on Schedule A, attached hereto. The Venturers agree that the fair market value of the assets so contributed, as 'of the day of such contribution, are as set forth on Schedule A. 2.2 Interest: No interest shall be paid on any capital contribution of any Venturer. 2.3 Additional Capital: Additional capital may, from time to time be contributed to the Joint Venture by- the Venturers in such total amounts and proportior:s as shall be unanimously agreed upon by the Venturers. 2.4 Negative Capital Accounts: Upon termination of the Joint Venture, if any Venturer-has a negative balance in his capital account, such balance shall be a debt from the Venturer to the Joint Venture and the Venturer shall be obligated to make additional contributions to the Joint Venture capital to restore his capital account to zero. III. ALLOCATION OR JOINT VENTURE GAINS, INCOME, EXPENSE, DEDUCTIONS AND .LOSSES. 3.1 Allocation of Gain: Gain on the sale of Joint Venture property shall be allocated to each'of the Venturers in proportion to their capital accounts as computed on the first day of the taxable year to which such income, expense, loss or deduc- tion is properly allocable. 3.2 Other Items of Income, Expense, Loss or_ Deduction: All other items of income, expense, loss or deduction shall be allocated to each of the Venturers in proportion to their capital accounts as computed on-the first day of the taxable year to which such income, expense, loss or deduction is properly alloca- ble. IV. SALARIES AND DRAJIINGS. 4.1 Salaries and Draws: The Venturers shall have such salaries, drawings and expense accounts as may be unani- mously agreed upon by them. V. DISSOLUTION AND TERMINATION. 5.1 Dissolution: The Joint Venture shall dissolve upon the occurrence of the earliest of the following events: (a) The-death or disability of a Venturer, provided, however, that the remaining Venturers may agree to continue the Joint Venture. -2- (b) The voluntary filing of any petition in bankruptcy by a Venturer or involuntary adjudication of a Venturer as bankrupt or insolvent, or the application by a Venturer for, or his consent to, the appointment of a receiver, trustee or liquidator of all or' a substantial part of his assets, or any substantially similar action on the part of a partner, provided, however, that the remaining Venturers may agree to continue the Joint Venture. (c) The sale of all or substantially all of the property of the .Joint Venture, unless the Venturers unanimously decide to purchase or otherwise acquire additional properties with the proceeds of such sale. i (d) The withdrawal of any Venturer, provided_, however, that the remaining Venturers may agree to continue the Joint Venture. 5.2 termination: In the event of dissolution, unless the Venturers agree to continue the Joint Venture as provided in Section 5.1, the Venturers shall wind up the affairs of the Joint Venture and the Joint Venture shall be terminated as provided herein. (a) In the event of a termination of the Joint Venture the Venturers shall sell or otherwise liquidate all of the Joint Venture assets as promptly as is consistent with obtaining a , reasonable value therefor under the circumstances (except to the extent that the venturers determine to distribute any assets of the: Joint Venture to a partner or Venturers in kind), shall allocate the proceeds of such sales to the Venturers' capital accounts pursuant to Sections 3.1 and 3.2, and shall discharge all liabilities of the Joint Venture in the order of priority provided by law, including .all costs relating to the dissolution, winding up, liquidation and distribution of assets, and shall distribute the remaining assets in the order set forth in Section 5.2(b) below. _3_ (b) After providing for all other liabilities of the Joint Venture, any liabilities of the'Joint-Ventute to the Venturers, other than on account of their interests in Joint Venture capital or•profits, shall be satisfied. The remaining assets of the Joint Venture shall then be distributed as ,follows: G) In the event any assets of the Joint Venture ' .are to be distributed to the Venturers in kind, the net fair mar- ket value of such assets 'as of the date of dissolution shall be determined by independent appraisal or by agreement among the Venturers, and the Venturers* capital accounts shall be adjusted in the same manner and proportions as if the assets had been sold for such fair market value and the proceeds allocated to the Venturers) capital accounts. (ii) Subject to the provisions of section 2.4 with respect to negative capital accounts, the amount of each Venturer's capital account as determined under Section 5.2(b)(i) shall be distributed to such partner. (o) Upon completion of the winding up, liquidation and distribution of assets, the Joint venture shall be deemed termi- nated. IV. MISCELLANEOUS. 6.1 Accounting: The Joint Venture shall keep its books and records on the cash method of accounting and shall adopt the calendar year as its taxable year. 6.2 San in q: All funds of the Joint Venture shall be deposited in its name in such checking or savings account or accounts as shall be designated by the Venturers and all with- drawals therefrom shall be made upon checks, drafts or wire transfers signed by any Venturer. 6.3 Records: At all times during the.continuance of the Joint Venture, the Venturers shall keep or cause to be kept full and true books and records of account. All such books and records of account shall at all times be opened to inspection by the venturers during normal business hours. -4- 6.4 .Employees: The Joint Venture may employ such firms, • 4` corporations, or persons as the Venturers deem advisable for the operation of the Joint Venture' business. 6.5 Assignment; Successor in Interest: No Venturer may assign, pledge, hypothecate, or in. any manner, transfer his interest in the Joint Venture without the consent of the other Venturers, provided,' however, that nothing shall prevent the interest of any Venturer from being assigned, pledged, encumbered, or otherwise hypothecated to any other Venturer herein, to a member of a Venturer's immediate family, or to a lineal descendant of a Venturer. Notwithstanding the foregoing, any Venturer shall, without the consent of. any other Venturer, have the right to appoint a successor in interest to succeed to his interest in the Joint Venture upon his death. If the surviving Venturers agree to continue the Joint Venture as provided in Section 5.1(a), such " successor in interest shall become a Venturer and shall be bound by all of the terms of this Joint Venture Agreement. 6.6 No Election from Subchapter K: Each party hereto agrees with respect to this Joint Venture Agreement not to elect to be excluded from the application of Subchapter K of Chapter l of Subtitle A of the internal Revenue Code of 1954, as amended. 6.7 Governing Law: This Joint Venture Agreement shall be governed, interpreted and enforced in accordance with the laws of the State of Colorado. 6.8 Successors and Assigns: This Joint Venture Agreement shall, be binding upon and inure to the benefit of the parties signatory hereto, their heirs, successors, transferees, personal representatives and assigns. 6.9 Entire Agreement: This Joint Venture Agreement contains the entire understanding of the parties and supersedes any prior understanding and/or written or oral agreement. All representations and agreements, whether oral or written, are contained herein. 6.10 Severability: ' Should Any provision hereof be held to be invalid, the same shall not affect in any respect the va- `j lidity of the remainder of this Joint Venture Agreement. 6.11 Headings: The headings contained in this Joint Venture Agreement are for reference only and shall not be con- strued as part hereof, nor shall they affect in any way the mean- ing or interpretation hereof. IN WITNESS WHEREOF, this instrument is executed as of the date first stated above. Martin Plug Victoria F. Aybar J re lu -6- SCEEDULS A Venturer Ca ital Contribution Martin plug Victoria F. Aybar Jeremy J. plug Parcel..Detail Page 1 of 3 Pitkin County Assessor Parcel Detail Information. Assessor Property Search I Assessor Subset Query I Assessor Sales Search Clerk& Recorder Reception Search I Treasurer Tax Search Search Basic'Building Characteristics Value Summary Parcel Detail Value Detail I Sales Detail Residential/Commercial Improvement Detail Owner Detail i Land Detail I Photographs Tax Area IFAccount Number 11 Parcel Number I Mill Levy 001 R001306 273718212005 31.653 Primary Owner Name and Address FURNGULF LTD A COLO JOINT VENTURE 616 E HYMAN AVE ASPEN, CO 81611 _ Additional Owner Detail Legal Description Subdivision: CITY AND TOWNSITE OF ASPEN Block: 99 Lot: N AND:- Lot: O Location Physical Address: 11616 E HYMAN AVE ASPEN Subdivision: CITY AND TOWNSITE OF ASPEN Land Acres: 0.000 Land Sq Ft: 6,000 2011 Property Value Summary IFActual Value F Assessed Value Land: 3,300,000 957,000 http://www.pitkinassessor.org/assessor/parcel.asp?AccouritNumber-1306 4/24/2012 Parcel Detail Page 2 of 3 1 Impro 1,700,00011 493,0001 Total: 1— 5,000,000 1 1,450,000 Sale Date: 4/11/1984 Sale Price: 11,000,000 Additional Sales Detail Basic Building Characteristics Number of Residential 0 Buildings: Number of Comm/Ind 1 Buildings: Commerciauindustrial Building Occurrence 0 Characteristics OFFICE SECOND FLOO 12,904 OFFICE FIRST FLOOR: 3,888 OFFICE BASEMENT 3 888 FINISHED: , Total.Area: 1110,680 Property Class: OFFICES-IMPROVEMENTS Actual Year Built: IF1969 Effective Year Built: 11985 Quality of Construction: GOOD-BASE Exterior WaIl: GOOD BASE Interior Wall: GOOD-BASE Neighborhood: COA COMMERCIAL "C" Top of Page Assessor Database Search Options Pitkin County Home Pie The Pitkin County Assessor's Offices make every effort to.collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor's Offices are unable to warrant any of the information herein contained. http://www.pitkinassessor.org/assessor/pareel.asp?AccotmtNumber=1306 .4/24/2012 EXHIBIT a 10)PMEW CITY OF ASPEN PRE-APPLICATION SUMMARY PLANNER: Amy Guthrie,429.2758 DATE:4.24.12 PROJECT: 616 East Hyman Avenue REPRESENTATIVE: Haas Land Planning and Poss Architecture and Planning DESCRIPTION: The applicant is interested in remodeling the existing commercial building at 616 E. Hyman. The property is a 6,000 square foot lot owned by one entity. The zoning is C-1, Commercial Zone District. The building was constructed in 1969. The preliminary program includes new net leasable commercial space in the location of an existing south facing deck on the second floor, construction of required affordable housing overtop of existing parking along the alley, and construction of a free market dwelling unit on the third floor. A maximum of 2.5:1 FAR is permitted in the C-1 zone district with commercial use limited to 1.5:1 and residential free market use limited to 0.5:1 (which may be increased to 0.75:1 if affordable housing equal to 100% of the free market residential floor area is developed on the same parcel). Free market residential individual unit size is limited to 2,000 square feet of net livable area, which may be increased to 2,500 square feet of net livable area by landing 1 transferrable development right (TDR). The total free market residential net livable area shall be no greater than the total above grade floor area associated with the commercial use. The application requires Commercial Design Standard review by the Planning and Zoning Commission (P&Z) and compliance with the Commercial, Lodging, and Historic District Design Objectives and Guidelines- specifically the Commercial Character Area Chapter. The property is required to provide public amenity space and trash/utility enclosure that meet the requirements of Section 26.412.060. The existing building is setback a small distance from the front property line. The public amenity standard is likely not met, but the proposed project will not reduce the qualifying amenity space. The new residential unit and any onsite affordable housing do not require onsite parking. An increase in commercial net leasable area requires parking spaces at a rate of 1 space/1,000 square feet of net leasable area. Properties in the C-1 zone district are permitted to pay cash in lieu for parking by right($30,000/space). The creation of a new residential unit, and possibly onsite affordable housing, requires growth management review by the P & Z. In addition, any new commercial net leasable area requires growth management review. Expansion of commercial development and new free-market residential units within a mixed use project compete for growth management allotments and qualify as a Major Planning and Zoning application reviewed by the P&Z. Major growth management applications are only accepted on February 15th and August 15th. The Community Scoring Objectives are used by Planning Staff to establish application review order. Conceptual Commercial Design Review must be granted prior to applying for growth management. The redevelopment, which will involve the creation of more than one residential dwelling unit, triggers Subdivision review by City Council upon a recommendation from the Planning and Zoning Commission. Recently, City Council adopted a Code Amendment that requires neighborhood outreach prior to the first public hearing. Community Development has determined that neighborhood outreach is required for this project. A summary of the outreach shall be presented at the first P&Z public hearing. http://www.aspenpitkin.com/Departments/Community-DevelopmenUPlanning-and-Zoning/Recent Code Amendments/ Please note that Ordinance 3, Series of 2012 (a link is above) also changes the requirement that a project comply with the Aspen Area Community Plan. This application is subject to Ordinance 3 which went into effect on March 27, 2012. Impact fees are triggered by the addition of new let livable residential space and new net leasable commercial space. These fees are calculated at the time of building permit issuance. City Council recently adopted a Code Amendment that changes allowable heights in the C-1 zone district. The Code Amendment is effective on May 2nd. A complete application must be received by Community Development by the end of the day on May 1St to be reviewed under the current Land Use Code. The review process would be as follows(all steps require public hearings): Step 1: P&Z for Conceptual Commercial Design Review. Step 2: P&Z for Major Growth Management**submit on Feb 15th or Aug. 15th and recommendation of subdivision to council Step 3: City Council for Subdivision Review, Step 4: P&Z for Final Commercial Design Review. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.412 Commercial Design Review 26.470 Growth Management 26.470.050 General Requirements •26.470.070.4 Development of Affordable Housing .26.470.080 Major Planning and Zoning applications (expansion of commercial development and new free-market residential units within a mixed use project) 26.470.100 Calculations 26.470.110 Growth Management Review Procedures 26.470.120 Community Objective Scoring Criteria (To be addressed in a subsequent application, submitted on the designated application dates for Major GMQS) 26.480 Subdivision 26.515 Parking 26.575.020 Calculations and Measurements 26.610 Impact Fees 26.620 School Land Dedication 26.710.150 Commercial (C-1)Zone District A link to the Land Use Code is here: http://www.aspenpitkin.com/Departments/Community-Development/Plannincl and-Zoning/Title-26-Land-Use-Code/ A link to the Commercial, Lodging and Historic District Design Objectives and Guideline is here: http://www.aspenpitkin.com/Departments/Community-Development/planning and Zoning/Current Planning) A link to the Land Use Application is here: htt ://www.as en itkin.com/De artments/Communit -Develo ment/Plannin -and-Zonin /A lications-and-Fees/ Review by: Staff for complete application P&Z, and City Council Public Hearing: At P&Z and Council. 'iv Neighborhood Outreach:Yes, prior to first public hearing at P&Z. 0 0/ -, Planning Fees: $4,410 for 14 hours at$315 per hour Co N, Referral Fees: Total Deposit: $4,410. /��fy IV Total Number of Application Copies: 12 for P&Z conceptual commercial design review. To apply, submit the following information: 1. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages,judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owners right to apply for the Development Application. 4. Completed Land Use Application. 5. Signed fee agreement. 6. Pre-application Conference Summary, 7. An 81/2"x 11"vicinity map locating the subject parcel within the City of Aspen. 8. Proof of ownership. 9. Existing and proposed elevation drawings and site plan that include existing and proposed dimensions (FAR, broken down by floor and by use, net leasable and non unit space) as well as landscaping plan. 10. A 3-D model of the proposal in context of the historic district. 11. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. g 11. All other materials required pursuant to the specific submittal requirements. 12. Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. 13. Applicants are advised that building plans will be required to meet the International Building Code as adopted by the City of Aspen, the Federal Fair Housing Act, and CRS 9.5.112. Please make sure that your application submittal addresses these building-related and accessibility regulations. You may contact the Building Department at 920- 5090 for additional information. 14. List of adjacent property owners within 300'for public hearing 15. Copies of prior approvals. 16. Applications shall be provided in paper format(number of copies noted above) as well as the text and line drawings on a CD. n s g Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zonin which is subject to change in the future, and upon factual representations that may or may not be accurate. The summa g does not create a legal or vested right. summary W04/26/2012 14:44 Fig 31058E 1 Apr. 26. 2012 2:59PM bul #co Ltd, EXHIBIT' R Apr1124,2412 X,Martin Flug, general partner,hereby authorize permd8slon to Hess band Planning,Pdss Architecture and Sehlumberger Construction to represent Furn:gulf LLP In the plaming submittal far 616'East Hyman Avenue in Aspen,Colorado. Martin Flug General Partner Furngulf LLP 616 East Hyman Avenue Aspen, Colorado 81611 lour Igt►11' L1,13 Avvntic /"P01, C`ti�l�>ra�1� H 1611 May 3, 2012 City of Aspen Community Development Center 130 Galina Street Aspen, Co. 8 1 6 1 1 To whom it may concern, I, Jeremy Flug, partner in Furngulf LLP (the "Partnership"), (10 Hereby state and declare that Martin Rig, General Partner of the Partnership, has all requisite authority and power to act on behalf of the Partnership in all matters brought before the City of Aspen and Pitkin Couuty, State of Colorado. cerely, Jeremy Flug Partner Furngulf LLP EXHIBIT Dimensional Re uirements of the Commercial C-1 Zone District Section 26.710.150 • Minimum Gross Lot Area: No requirement. • Minimum Net Lot Area Per Dwelling Unit: No requirement. • Minimum Lot Width: No requirement. • Minimum Front Yard: No requirement. • Minimum Rear Yard: No requirement. • Minimum Side Yard: No requirement. • Minimum Utility/Trash/Recycle Area: - Pursuant to Section 26.575.060.A.3: 20'W x 10'D x 10'H. - Existing Condition:N/A. - Proposed. See Plans (17.5'W x 19.2'D x I PH) • Maximum Height: C-1 Zoning: 28 feet for two-story elements of a building. 36 feet for three-story elements of a building, which may be increased to 40 feet through Commercial Design Review. See Chapter 26.412. Existing Condition: N/A Proposed. 40 feet. • Minimum Distance between Detached Buildings: No requirement. • Public Amenity Space: Pursuant to Section 26.575.030, the requirement is 10%. The Public Amenity Space proposed with the remodel/addition is what currently exists or 7.2%. • Floor Area Ratio (FAR): - C-I Zoning: Maximum of 2.5:1 or 15,000sf where Commercial Uses are limited to 1.5:1 (9,000sf) and Free-Market Multi-Family Housing is limited to 0.5:1 (3,000sf)). Existing Condition: 7,396sf of Commercial FAR. Proposed. 8,369sf of Commercial FAR (1.4:1); 2,982sf of Free-Market Residential FAR (0.5:1); and 1,167sf of Affordable Housing (0.195:1); cumulative FAR of 12,518sf(2.09:1). • Maximum Multi-Family Residential Unit Size: - C-I Zoning: 2,000 square feet of net livable area. This can be increased to 2,500 square feet through use of a Historic TDR. - Existing Condition: N/A - Proposed. 2,405 square feet of net livable area(with use of one TDR). • Maximum Lodge Unit Size: Not applicable. • Commercial/Residential Ratio:- - C-1 Zoning: Total free-market net livable area cannot exceed above grade floor area of the commercial space. - Existing Condition: No free-market residential - Proposed. 2,405sf of free-market net livable area; 8,369sf of above-grade commercial FAR(plus 4,182sf of subgrade commercial space). EXHIBIT � f a 1� Area Calculations Measurements and Affordable Housing Miti ation Re uirements After Conceptual Commercial Design Review approval is obtained, the subject remodel/addition project will require Major Planning and Zoning Commission growth management review pursuant to Code Sections 27.470.080(1) and (2), Expansion or New Commercial Development and New Free-Market Residential Units within a Mixed-Use Project, respectively. An application for these approvals and review against the Community Objectives Scoring Criteria can only be submitted on August 15 or February 15 of any calendar year and only after the Conceptual Commercial Design Review application has been approved. The applicable affordable housing mitigation standards applicable to all of said Code Sections are defined by the General Requirements of Code Section 26.470.050(B). Code Section 26.470.100(A)(6) states that, Whenever affordable housing is provided on-site (with actual units) in order to satisfy one requirement, the same on-site affordable housing may also be used to satisfy any other affordable housing requirement concurrently. For example: A mixed-use project may require two affordable housing units to mitigate an increase in commercial employee generation, and two affordable housing units to mitigate free-market residential development. In this case, providing two on-site affordable housing units shall satisfy both requirements concurrently. Therefore, in the case of a mixed-use project, it is necessary to analyze the affordable housing mitigation requirements attributable to each use type in the proposal and satisfy on-site the higher of the two requirements. In the current case, the proposed mixed-use remodel/addition includes a free-market residential component as well as a commercial component, each with its own affordable housing requirement. The two requirements must be established and compared to determine the effective/combined requirement. With regard to the project's commercial component, Section 26.470.050(B)(5) of the Code provides the applicable mitigation requirement, as follows: Unless otherwise specified in this Chapter, sixty percent (60%) of the employees generated by the additional commercial or lodge development, according to Subsection 26.470.100.A, Employee Exhibit 6,Page 1 generation rates, are mitigated through the provision of affordable housing. The employee generation mitigation . l a shAffordable ll e approved pursuant to Paragraph housing, at a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. If an applicant chooses to use a er tificate or Affordable Housing Credit as mitigation, pursuant 26540, such Certificate shall be extinguished pursuant to Chapter 26540.90 Criteria for Administrative Extinguishment of the Certificate. Pursuant to Code Section 26.470.100.A, 4.1 FTE (Full-Time Equivalents) Generation development in the C-1 zone district generates per per thousand square feet of net leasaflnet leasable spa e (NLS)E The thousand square feet of upper and lower floor standard above, explains that the mitigation is required only for the employees � generated by additional commercial development. Given these Code provisions, in order to determine the mitigation requirement, one must calculate the employee generation of the ground and other floor then alculatevthe in both the existing structure and the proposed difference. The difference is the number of employees generated by the redevelopment. Housing must be provided for 60% of the employees generated, and the housing must be provided in a manner consistent with the requirements of Section 26.470.070.4 of the Code. The existing development contains 3,261 square of first Therefore,floc he existing square feet of NLS between the lower and upper levels. first floor NLS generates 13.37 FTE ([3,261s.f./1, 000s.f] x 4.1), and the existing lower and upper floors' NLS generates 17.79 FTE ([5,785/1,0001 x 3.075). In total, then,the existing structure generates 31.16 FTE (13.37+ 17.79). The redevelopment includes 3,251 square feet of commercial NLS on the first floor, and 6,329 square feet of lower and upper level NLS. Therefore, the proposed first floor NLS generates 13.33 FTe erat s 19.46 FTEf([6,329/1000]hx proposed lower and upper floors' NLS g 3.075). In total, then, the proposed remodel and commercial expansion generates 32.79 FTE (13.33 + 19.46). The 31.16 FTE credit from the existing building is now applied,bringing the total increase in commercial employee generation to 1.63 FTE (32.79 - 31.16). Since 60% of the incremental increase in employee generation must be mitigated, the end requirement attributable to the commercial component of the redevelopment is housing for 0.978 FTE (1.63 x 60%). Exhibit 6,Page 2 Per Section 26.470.100.A.4 of the Code and the current APCHA Housing Guidelines, every 400 square feet of affordable housing is equivalent to housing for one (1) FTE and vice versa; therefore, the end requirement attributable to the commercial component of the remodel/addition is 391.2 net livable square feet of Category 4 deed restricted housing. With regard to the project's free market residential component, Section 26.470.050.B.6 of the Code explains that, Affordable housing Net livable area, for which the finished floor level is at or above natural or finished grade, whichever is higher, shall be provided in an amount equal to thirty percent (30%) of the additional free-market residential net livable area, for which the finished floor level is at or above natural or finished grade, whichever is higher. The existing structure does not contain any residential square footage; thus, all free market net livable area in the proposal is "additional." The proposed development includes 2,405 net livable square feet of free market residential space, all of which is above natural and finished grade. Therefore 721.5 net livable square feet of above-grade, Category 4, deed restricted housing space (2,405 x 30%) is required. Since the proposal includes on-site provision of affordable housing (with an actual unit), pursuant to Section 26.470.100.A.6 of the Code, the effective/end affordable housing requirement is 722 square feet of net livable affordable housing area (the higher generation of the additional commercial and free- market residential components). The proposal includes 936 net livable square feet of above-grade (second floor) affordable housing space. Thus, the proposal includes on-site mitigation at approximately 130% of the effective/end requirement. The growth management and subdivision review application to be filed after receipt of Conceptual Commercial Design Review approval will also demonstrate how the proposed affordable housing mitigation unit will comply with the APCHA Guidelines and the provisions of Code Section 26.470.070.4. The mitigation housing will be in the form of an actual, newly built, 100% above grade (on the second floor) unit deed restricted to not higher than the Category 4 level. Given the unit's net livable area and the fact that it is on the second floor of a centrally located building and includes a private deck space, it projects as a two-bedroom unit that will house 2.25 FTE. Exhibit 6,Page 3 616 E.Hyman Proposed Floor Area Gross Area Non-Unit Space Floor Area Commerical Free Market AHU Total Commerical Free Market AHU Total FAR Totals Deck Area 74.76% 18.14% 7.10% Basemen[ 3,423 3,423 759 184 72 1,015 4,438 Level 1+(Carport&Service Yard) 3,899 3,899 1,077 261 102 1,440 5,339 Leve13 3,323 57 1,011 4,391 570 138 54 762 5,153 67 Level3 2,S26. 2,526 0 0 2,526 2,180 Roof 0 0 0 0 Total 10,645 2,583 1,011 14,239 1,647 399 156 3,217 17,456 2,247 Allocated Non-Unit Space 2,405 583 228 Commerical Floor Area Total Floor Area(Less exempt Bsm't&Carport) 6,722 1,647 9,000 Allowable Floor Area(1.5:1) Additional FAR Carport/Service Area Total Floor Area 1,140 , 4 Exempt carport(2 Units) 500 FEE] 11 0 500 Additional FAR EEI 640 Free Market Floor Area Total Floor Area(Less exempt space) 2,583 399 2,982 FEE]Allowable Floor Area(0.5:1) 3,000 Affordable Housing Floor Area Total Floor Area 1,011 EHI 156 15,000 Allowable Floor Area Total Building FAR Building Area Sum 14,239 3,217 17,456 Carport/Service(Included in Gross Floor Area) 0 Sub-Total 17,456 Sub-total Basement Below Grade Exemption Carport Exemption 4,438 Sub-Total 500 4,938 Sub-total Total Building Floor Area -Total Allowable Total Floor Area(2.5:1)Site 6,000 Allowable Deck Area(15,000 x 15 1/) 15,000 2,250 Commerical Free Market AHU Net Leasable/Livable Basement PI Level 1 Leve12 51 936 Leve13 2,354 Total , 2,405 936 2012-Apr-30 11:10 AM Beverly Hills el 310.281-2994 {Q EXHIBIT Apr, 30, 2012 11 ;55AM ttulfco Ltd, ����'� Q 1 20th No. 1 /� ---------- MY OF ASPE41111 Agreement to PAY Appiideltion Foes wa reOm nt between lher%ftu of As en 'CIl ' end owner PC y ?4 0rgd() Phone No,; small; ABdI`ass of f t3111ing /� 6 pUse��` f9 Address: gppll ffon) 8161/ {$end bllis here) I un erdtaryd that the Cllty fine sdopj�t},v(q grdjneneo Nv..,?3i Rol of X497,1 y)g1v fopp for I.ona Use a pilae{lons. and fie p�Ymenl at these flees t�a'aonditlon reogdan!id p p)ogtlAn Cpmpl6ten�t;8, I tlh��r9lartd Mal as the ptpperty owner ihsf f am responsible for Wing elf es or yrs Oavelopment a irc lion Ap � . , 'der flat Yeas and rererral feeh;I sgfeo to Pay tha folloWing Mob fdr the aarvlces lAdioeted, I uAderatanil(hat these ffgtfp�as sorer ndh•reftlh�iabla. not fea for Rat fee for $ 110 fee for > flat fee for yor-deppp 1t 02600 only; `1`he pity 11.0 1 un4dratand thel pecaase of I.he ajz% palurs bt boope of the proposed proo6f,It a not poealbra at thle time to lrnow the full e3dint.or total ooafe Involve, (n prrQ�ceselgg the p�llcetion. ,I undaratanrf Fhsl additional o0ele ovgr enct above the depoAlt may accrue. t urrdet'etsnd.and,®ggrde thst'ft fs Imprsottcabl8 for tliiy'ateff to complete processing, ravlow, and preeenlalion of'sufffdlent lnrarrh;ilpn to ehgbfe (egalt pro)eot conside'ratfoh,uAWS,lnvglaes are pald In fUil,' 7hs 0111 bnd f undbratand and agree that lnvoloe M0114d by the 011y to 14e dbove 1lsted billing eddrbeb slid riot rplurnpd to-'he Qtly s(lail 6e g1181dere0 by the ON as 4eing rappfyed by pla.I ppree le remit paymeHt Within 30 dsya of preedntallon of en'Involee by the city for suoti abaloea, I hsVe'road,uhrler¢taod�and Wee to the Land Usa Ksyibw j;66 poll,Inaludltl�consequences for nun-payment, I i3Qt69,to.pAy,t ffolio, A Will d015011 dfndunts for Iha WORM ha ��of bta f ltmi. f lunde'r�ld6d t}yAt ISAYrAbnt of a rteppAfX dgQe npl reht�er an sppllcglfon oompl6#g br 00}�plldnt,with apppMAI Othello, If WWI t�ca{{�ed.costa exceed the In 61 do 0811, I VOW to p,@y Agdlt�gnql nl�pttily p1i(Inp& to file CQy to rettStbur,ir the Rify ibr(he Processing of tnk applfoailon at the hourly fates hereinafter elated. v '4f$pAAlt for haute of Cemnluh1(9'Dbv8lopm6t pepaitment staff time, .Addillonal tfine q o o bai gepQslt kin 41,nt w11 ka Mad 0t$396 psrh6ur. depogl(for flours of l=nglneeringbepeoMallt elal`(tltil6,Addllloll�l On'lp QbaVe the dQpoalt ' amou nFVAll be billed at$2 Beeper hour. Cllr a1FAapan: property owner: ChrK sn on _ Comnri(lhlty DdVeldphoe6l Dkeclor Nnrno> _ f�L- / /A/ . 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Oil SONWdS UgdOOO 1Si=119A1 AM H NOlIIW U3NSBUG Oil 1N3WdOl3A3a 133211S?OdOOO OEM Tabel size 1"x 2 518"compatible with Avery 05160/81,6 Etiquette de format 25 mm x 67 mm compatible avec Avery 0516018160 0918/0915q AJaAV oane alggdwoo WW L9 x WW gZ lewjof ap 9110ribilD 0918/0919®AaaAV qm alglf'edwoo;;8/9 Z x,,[ozls la--n., • LUCKYSTAR LLC MALLARD ENTERPRISES LP PO BOX 7755 317 SIDNEY BAKERS#400 I MARTELL BARBARA 1702 E HYMAN AVE ASPEN, CO 81612 KERRVILLE,TX 78028 ji ASPEN, CO 81611 i 1MCMURRAY WILLIAM&HELEN MONTANARO JOHN&SUSAN FAMILY 29 MIDDLE HEAD RD MIAO SANDRA MOSMAN NSW 2088 9610 SYMPHONY MEADOW LN TRUST AUSTRALIA, VIENNA,VA 22182 PO BOX 457 MALIBU, CA 90265 i MORRIS ROBERT P MYSKO BOHDAN D NATTERER HELEN 600 E HOPKINS AVE STE 304 !615 E HOPKINS 67 BAYPOINT CRES ASPEN, CO 81611 ASPEN, CO 81611 OTTAWA ONTARIO CANADA K2G6R1, NIELSON COL STEVE&CAROL D NONNIE LLC OLITSKY TAMAR G&STEPHEN L 501 S FAIRFAX PO BOX 565 PO BOX 514 1 ALEXANDRIA,VA 22314 ASPEN, CO 81612 GWYNEDD VALLEY, PA 19437 i P& L PROPERTIES LLC PACIFIC WEST INVESTMENTS LLC I PITKIN CENTER CONDO OWNERS 101 S 3RD ST#360 1 320 MARTIN ST#100 ASSOC GRAND JUNCTION, CO 81501 BIRMINGHAM, MI 480091485 517 W NORTH ST i ASPEN, CO 81611 PITKIN COUNTY BANK 80% PT HOLDINGS II LLC I 534 E HYMAN AVE I MIDLAND PROPERTIES INC QUARRY INTERESTS LTD ASPEN, CO 81611 2001 SHAWNEE MISSION PKWY#200 9932 LAKEWAY CT MISSION, KS 66205 DALLAS,TX 75230 i REVOLUTION PARTNERS LLC ROTHBLUM PHILIP&MARCIA RUST TRUST PO BOX 1247 40 EAST 80 ST#26A 9401 WILSHIRE BLVD#760 ASPEN, CO 81612 NEW YORK, NY 10075 I BEVERLY HILLS, CA 90212 I � i ' l RUTLEDGE REYNIE SALET PHILIP S REV TRUST 51 COUNTRY CLUB CIR PO BOX 4897 SCHNITZER KENNETH L&LISA L ! 2100 MCKINNEY AVE#1760 SEARCY,AR 72143 !ASPEN, CO 81612 DALLAS,TX 75201 SHUMATE MARK I SILVER DIP EQUITY VENTURE LLC SNOWMASS CORPORATION 1695 RIVERSIDE RD 2100 MCKINNEY STE 1760 j PO BOX 620 ROSWELL,GA 30076 I DALLAS,TX 75201 BASALT, CO 81621 STERLING TRUST COMP STEWART TITLE CO SWEARINGEN WILLIAM F 2091 MANDEVILLE CYN RD C/O JENNIFER SCHUMACHER LOS ANGELES, CA 90049 i PO BOX 936 450 CONWAY MANOR DR NW TAYLORSVILLE, NC 28681 ATLANTA, GA 303273518 label size 1"x 2 5/8"compatible with Avery 05160/8160 Etiquette de format 25 mm x 67 mm compatible avec Avery 05160/8160 09 L8/0915®NaAd oane olgliedwoo ww Z9 x ww lu } llagb113 09,18/0919®MaAV ul!M algliedwoo„g/9 Z x,L az slage l I ' 1 � I , 1i I , . ,)in dS9 06M NOCINO-I MI A31Wt/b8£6 N b31-IdO1SNHO 1HORMA i 66968 OO 'N3dS`d `d60E#1S 111W S 90Z III r)iNV-dJ SOOOM I, 99OLL Xl'NO1Sf1OH t�bt,6-b09LZ 0N 'HJ131`d2i 1S S3JOOH OZ£6 Hd3SOr 3SIM Ji332iO 2ft/O3O LL95 dHScINid NV=1 331'8 om:lo SWd11lIM' I 66968 00 `N3dS`d Zti66-60£09 ` I 'S3NIOW S3O : 'i OOZ#3AV OWAD 3 Z/6 Z65 LOZ#3n`d a3dOOO 3 86�: j 01132fdf1OS N`d12fO1O1n' dl S311�13dOad OAVM I ZZ608 OO'NO1311111 N 1:11O OOOMZIVRJG 3 686 1 NI1SWHO b3f132f1 I 6 6968 00'N3dS`d 60Z#3AV 2Od000 3 ON isms A11W`dd SNININOi �s3�adls i Z6968 OO 'N3dS`d Li?£Z6 X08 Od 1 lsflbl AMI S31'cIVHO N`dIW`db3A OZZ8t, IW '3lVGNU3d KZ#3AV OUVAAGOOM 09LZZ 331sflal 0 3ON3UAAVI d1OM 5590E dO '3OMINOW L006 X08 Od M 30N3UMV113013M 66968 OO 'N3dS`d 3AV SNINdOH 3 6 69 NO1A Nd3f 31dOSf1ONl i EZ968 OO'31VONOMNO� Zia 3NO1SA3bJ 2096 3113NA1'8 SSMI NOSdINOH1 OZOb-86ZLS Ni'3111AHSVN 66968 OO 'N3dS`d t�tib6-tiZZLE Nl'3111nHS`dN�. : '; 60Z#Nt/WAH 3 Z09 cIA18 AaONOIH 010£E05; . i tPbtV606 X08 Od, ”, 31800 H f 0/0 332�H133SS3NN31 I 00 S1N3W1S3ANl A11Wdd 2iO1At11 SlViN38 33UH133SS3NN3—' label size 1"x 2 5/8"compatible with Avery 0516LrrO0 • Etiquette de format 25 mm x 67 mm compatible avec Avery 05160/8160 THE CITY of ASPEN Land Use Application Determination of Completeness Date: May 1, 2012 Dear City of Aspen Land Use Review Applicant, We have received your land use application for 616 E. Hyman Avenue and reviewed it for completeness. The case number assigned to this property is 0030.2012.aslu. The planner for this case has not been assigned. Your Land Use Application is complete. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact Jennifer Phelan, Deputy Planning Director, at 429-2759 if you have any questions. Thank You, Amy Guthrie, Historic Preservation Officer City of Aspen, Community Development Department 616 EAST HYMAN CONCEPTUAL COMMERCIAL DESIGN REVIEW OCTOBER 9, 2012 SHEET LIST COVER SHEET r Al - EXISTING BASEMENT LEVEL A2- EXISTING LEVEL 1 EXISTING LEVEL 2 A4- t A5- PROPOSED BASEMENT LEVEL A6- PROPOSED LEVEL 1 A7- PROPOSED LEVEL 2 A8- PROPOSED LEVEL 3 A9- ELEVATION -SOUTH A10- ELEVATION - NORTH Vicinity Map NTS: All - ELEVATION -WEST Al2- ELEVATION - EAST - - _ A13- ELEVATION - HYMAN AVE COMPOSITE A14- EXTERIOR BUILDING MATERIALS A15- EXISTING NET LEASABLE AREA CALCULATIONS r///111 A16- EXISTING F.A.R. CALCULATIONS A17- PROPOSED NET LEASABLE& LIVABLE AREA CALCULATIONS A18 PROPOSED F.A.R. CALCULATIONS q A19- PROPOSED NON-UNIT CALCULATIONS -- v E i X11. � ■ ,'�1'1 _ _ _ `r pOSS ARCHITECTURE+PLANNING of 003 1A07 MAIM "t"' A0.9K COIOtA00 01.11 ' 2� (TI 010/920 4700 101 0)01920 2000 i UP UP ---------- 616 E. HYMAN REDEVELOPMENT pol ` 616 E.HYMAN AVENUE ASPEN,COLORADO 61611 J J SCHEMATIC DESIGN: PLAN-EXISTING BASEMENT LEVEL 605 FA6t MAIN 7 ASPEN, COLORADO 81811 0 4 B 16 In erole:s a�s6 tFl er6lcxo ae so 0:m2 `;y;W 04/30/2012 Al I I � I I I UP DN PLANTER / OPEN TO BELOW I I DN UP _.................... PARKING ALLEY I 1 i I I I I �l H I I 616 E. HYMAN REDEVELOPMENT 616 E.HYMAN AVENUE ASPEN,COLORADO 81611 posy SCHEMATIC DESIGN: PLAN-EXISTING LEVEL 1 T)A7--1 I'll 605 fC6i MAIN STREET fiPFX, COIORfi 00 61611 O () Q 8 16 t A.,',k04/30/2012 I i ----- ----- aF��TO I BLOW I I I I I I I I I � I PATIO I I I I I — — — — — — — — — — --------------- — — — — — — — — — — — i I I 616 E. HYMAN REDEVELOPMENT 616 E.HYMAN AVENUE ASPEN,COLORADO 61611 poss SCHEMATIC DESIGN: PLAN-EXISTING LEVEL 2 1 i 603 EAST MAIN STREET ASPEN, COLORADO 1011 O o Q B 16 0'01 .;04/30/2012 A3 A B u 11)8]0/835 0)531f10)0/830 2 850 iNOTE:ALL EXISTING ON-SITE VEGETATION IS TO REMAIN i NOTE:ADJACENT SIDEWALKS AND ASSOCIATED LANDSCAPE IMPROVEMENTS WILL BE MAINTAINED AND/ OR REPLACED TO THE EXTENT AND IN THE MANNER 22'-2 1/4" REQUIRED BY THE PARKS AND ENGINEERING DEPTS. I PROPOSED � PARKING EXISTING �� � � � IHC) I ' PLANTER (PUBLIC AMENITY SPACE) .A o t PROPOSED PLANTER "1 X �� � � �• `� RAMP o SLOPE:1 TO 12 1 •o - Lu Q GO Lu o V ' PROPOSED j , Z � SERVICE YARD i� o 19'-23/8" 1 PROPOSED � I �o 1 \ I I PPAROPOSED No co ............................______ PROPOSED PARKING LINE OF PROPOSED BUILDING I a EXTENTION ABOVE 100'-0" 20'-0" e PROPERTY LINE 7� PROPERTY LINE 616 E. HYMAN REDEVELOPMENT 616 E.HYMAN AVENUE ASPEN,COLORADO 81611 poss SCHEMATIC DESIGN: SITE PLAN O 01 ,04/30/2012 605 FP6i MAIN STRFEL ASP[ COIORR DO elen 0 4 8 16 ,. (i10J _I 6155(f)B]0 152D 2950 I i I PROPOSED:NEW WALLS (SHOWN IN GRAY) PROPOSED:NEW ELEVATOR W/PRIVATE KEY CODE ACCESS TO PENTHOUSE 11P IF I I I I I I I , EXISTING I ATRIUM I ( (OPEN TO ABOVE) I EXISTING ® COMMERCIAL I I I I I L PROPOSED:NEW CORRIDOR/ SECOND MEANS OF EGRESS Li UP EXISTING RESTROOM (PROPOSED EXPANSION) ® EXISTING COMMERCIAL EXISTING MECHANICAL I i I -—-—-—-—-—-—-— I 616 E. HYMAN REDEVELOPMENT 616 E.HYMAN AVENUE ASPEN,COLORADO 81611 poss O SCHEMATIC DESIGN: PLAN-PROPOSED BASEMENT LEVEL 605 EAST MAIN STREET ASPEN CDLDRAOEI 61611 4 6 16 w�x[r c:awrc�4/30/2012 (T)970/925 4755 IT)9-1—1 850 PROPOSED:NEW WALLS (SHOWN IN GRAY) PROPOSED:NEW ELEVATOR W/PRIVATE KEY CODE ACCESS TO PENTHOUSE PROPOSED:NEW CORRIDOR/ SECOND MEANS OF EGRESS ._... 77 I UP I DN IL / PROPOSED PARKING , (HC) I I EXISTING —— .EXISTING, PLAN ER / I ATRIUM PROPOSED (PUBLIC AMENITY (OPEN TO ABOVE COMMERCIAL SPACE) j AND BELOW),, _ �.. PROPOSED PLANTER 7 i.. du ®I I I . II I ' I DN UP ' III I . PROPOSED SERVICE YARD CD PROPOSED i ALLEY CD RESTROOM I I I I I PROPOSED PARKING I , ED PROPOSED COMMERCIAL I , PROPOSED PARKING ' " II oo I I I I , I )I PROPOSED - PARKING I o PROPOSED:NEW WINDOW I ' r1 I II 616 E. HYMAN REDEVELOPMENT 616 E.HYMAN AVENUE ASPEN,COLORADO Blbl l poss o A SCHEMATIC DESIGN: PLAN mxix s EEr RBPEN COl Ox000 01611 0 4 8 16 O^.ol:!F „,a<o„r..,04�30�2012 (11010]/0 134]33(f)0]0 1010 2050 PROPOSED:NEW ELEVATOR W/PRIVATE iKEY CODE ACCESS TO PENTHOUSE PROPOSED:NEW WALLS PROPOSED:ENTRY VESTIBULE PROPOSED:NEW CORRIDOR/ i (SHOWN IN GRAY) &STAIR TO PENTHOUSE SECOND MEANS OF EGRESS i \ PROPOSED DECK EXISTING ATRIUM (OPEN TO BELOW) \ UP PROPOSED A.H.U. PROPOSED ADA RESTROOM I ALLEY ® ® PROPOSED COMMERCIAL 616 E. HYMAN REDEVELOPMENT 616 E.HYMAN AVENUE ASPEN,COLORADO 61611 poss SCHEMATIC DESIGN: PLAN-PROPOSED LEVEL2 0 605 FAOi MiIX OiRFEi RSPf;X 00lORR00 81611 4 B 16 Ol ,„.Q4/30/2012 11)010/025 0>551f10101020 2.50 i i I I PROPOSED:NEW ELEVATOR W/PRIVATE KEY CODE ACCESS TO PENTHOUSE I ----- PROPOSED ® MECHANICAL i ROOF I I GLASS GUARDRAIL ® I I ® I 1 ® I PROPOSED RESIDENTIAL i L i PROPOSED:SCREEN CANOPY ABOVE (SUPPORT COLUMNS SHOWN) PROPOSED DECK I I PROPOSED:SCREEN CANOPY ABOVE )SUPPORT COLUMNS SHOWN) \\0"7 ® ROOF/ ® I PLANTER GLASS GUARDRAIL i 616 E. HYMAN REDEVELOPMENT 616 E.HYMAN AVENUE ASPEN,COLORADO 81611 SCHEMATIC DESIGN: PLAN-PROPOSED o 2012 , AV poss „, ,,, BPS, MAIN B10EBT RSPB., COLD . B 011 4 8 16 ,,,.,o ]! <]50(01 0,[I/030 3050 1 ELEVATOR OVERRUN SCREEN CANOPY CHIMNEY _ T.O.PARAPET 140'-0' PARAPET _ _ a•►R- - - PAINTED STEEL COLUMN STONE VENEER r . GLASS&STONE PARAPET BUILDING OUTLINE FOR NEIGHBORING BUILDING 1 F.F. LEVEL 3�,- I METAL PANEL ---.. --- - - — -- — — 123'-0' F.F.LEVEL 2 —-- ----— -- — 112'-ON ALUMINUM DOOR SYSTEM �— ALUMINUM STOREFRONT SYSTEM F.F.LEVE 100'-0' 616 E. HYMAN REDEVELOPMENT 616 E.HYMAN AVENUE ASPEN,COLORADO 81611 POSSARCHITECTURE + PLANNING SCHEMATIC DESIGN: ELEVATION-SOUTH .D. EAST SRI. STREET ASPEN, CDEDR.DD .1.11 0 4 8 16 02012.�,� ,.,w„404/30/2012 17)AED/0 R. 4 I 5.(F)0701920 293 D CHIMNEY BEYOND SCREEN CANOPY ELEVATOR OVERRUN BEYOND �►� 0. PARAPET 139'-0' _ T.O. PARAPET J, u`- 137'-0T PAINTED STEEL COLUMN <` — STONE VENEER GLASS&STONE PARAPET METAL PANEL - F.F. LEVEL 3* BUILDING OUTLINE --— i--- 123'-OR o FOR NEIGHBORING o BUILDING v _ F.F. LEVEL 2 – ------– 112'-0' i COLORED CMU o PAINTED STEEL COLUMN F.F. LEVEL 1 100'-OR 616 E. HYMAN REDEVELOPMENT 616 E.HYMAN AVENUE ASPEN.COLORADO 81611 POSS ARCHITECTURE + PLANNING SCHEMATIC DESIGN: ELEVATION-NORTH soe sasr xxix srxlcr asrlx, COLORADO eiell U 4 8 16 ©2012: '04/30/2012 4 lrlQ Ii1010/025 4]55 I f 10101 1 2 0 3 050 ELEVATOR OVERRUN STONE VENEER PAINTED STEEL COLUMN LINE OF PROPOSED DEVELOPEMENT HIDDEN FROM VIEW T.O. PARAPET 4 - _- GLASS&STONE PARAPET --_ METAL PANEL - - _ T.O.PAR�APETO_ I 126'-6' T F.F. LEVEL 3 - 123'-0' F.F.LEVEL 2 112'-0' BUILDING OUTLINE ALUMINUM STOREFRONT FOR NEIGHBORING BUILDING SYSTEM EAST HYMAN AVE. ALLEY F.F. LEVEL 1 loo'-0' 616 E. HYMAN REDEVELOPMENT 616 E.HYMAN AVENUE ASPEN,COLORADO 81611 SCHEMATIC DESIGN: ELEVATION-WEST POSS ARCHITECTURE+ PLANNING o:o1, 04/30/2012 p 806 FSft N01R 9T0[ET R9PE1E CSl ORR00 01011 4 8 16 l 1)010/0]5 /1501/151 01 5 20 2050 FIREPLACE CHIMNEY SCREEN CANOPY SCREEN CANOPY T.0_PARAPET T.O. PARAPET =- - 139 -0 140'-OR PAINTED STEEL COLUMN _ T.O. PARAPET 126 6M L , F.F.LEVEL 3 123'-OR STONE VENEER - - F.F.LEVEL 2 - 112'-0" ALLEY EAST HYMAN AVE. = =--i- BUILDING OUTLINE FOR NEIGHBORING BUILDING F.F.LEVEL ----- 100'-0' 616 E. HYMAN REDEVELOPMENT 616 E.HYMAN AVENUE ASPEN,COLORADO 81611 0 SCHEMATIC DESIGN: ELEVATION-EAST p23t 1, �/�/�,z r POSS AR C H I TEGTURE+PLANNING 4 B 16 909 EAST MAIM STREET ROPER, COLORADO 91!11 IT)9101925 IT 33 I r19701 A 20 3930 --- - O SPRING STREET HUNTER STREET 616 E.HYMAN AVE. 600 BLOCK 616 E. HYMAN REDEVELOPMENT 616 E.HYMAN AVENUE ASPEN,COLORADO 81611 SCHEMATIC DESIGN: ELEVATION-HYMANAVE COMPOSITE ®mn X041:0/2012 POSS ARCHITECTURE+ PLANNING U 15 30 60 4D3 s05 EAST -111 STR FT Sf P[R COEOM9D0 ■1111 (11.70/935 ♦755 IF)97./920 2950 F_ ��litll I r , ok EXISTING NET LEASABLE: EXISTING BASEMENT LEVEL TOTAL 3,331 S.F. EXISTING LEVEL 1 TOTAL 3,261 S.F. EXISTING LEVEL 2 TOTAL 2,454 S.F. TOTAL EXISTING NET LEASABLE 9,046 S.F. ALLEY — — — — — — — - - -— - —-—-- � — — — — — — — — — PARKING I, OPEN TO `\ .., A ABOVE& \ OPEN TO BELOW /BELOW PATIO PLANTER - - - - _-_ -_ -_- _- _ - _ ----_- EXISTING LEASABLE BASEMENT EXISTING LEASABLE LEVEL 1 EXISTING LEASABLE LEVEL 2 616 E. HYMAN REDEVELOPMENT 616 E.HYMAN AVENUE ASPEN,COLORADO 81611 S C H E M A T I C D E S I G N: EXISTING NET LEASABLE AREA C 32 CALCULATIONS Ozofz „�oaisoi2o12 A15 poss O 0 6 16 905 EN9] MXIX SiRf Ei N9PEN, 00 EORN00 8I611 (519]0/925 6]551f1910/920 2950 EXISTING F.A.R.CALCULATIONS: DECKS EXISTING BASEMENT LEVEL BASEMENT LEVEL(N/A-NO EXPOSURE) 4,437 S.F. EXISTING LEVEL 1 LEVEL 1 FLOOR AREA 4,203 S.F. LEVEL 1 DECKS 0 S.F. EXISTING LEVEL 2 LEVEL 2 FLOOR AREA 3,193 S.F. 907 S.F. LEVEL 2 DECKS TOTAL GROSS EXISTING 11,833 S.F. 907 S.F. TOTAL EXEMPT BASEMENT 4,437 S.F. ACTUAL F.A.R. 7,396 S.F. ALLEY — — — — — — — - ---- -- - ---—- — - — -— - — -—- - � — — — — — — — — PARKING OPENTO BELOW L.......... \ DECK PLANTER - 907 S.F. ---- - - ---- - - - EXISTING F.A.R.LEVEL 2 EXISTING F.A.R.BASEMENT EXISTING F.A.R.LEVEL 1 616 E. HYMAN REDEVELOPMENT 616 E.HYMAN AVENUE ASPEN,COLORADO 81611 S C H E M A T I C D E S I G N: EXISTING F.A.R.CALCULATIONS t 0 ps V O osois «. W aM04/30/2012 Q 8 16 32 6D5 FAS c T MNIN ST RE ET A6Rf X. COLORADO 81611 IT)91 D1925 47551E1970192G 2950 PROPOSED NET LEASABLE: 3,168 S.F. PROPOSED BASEMENT LEVEL 3,251 S.F. PROPOSED LEVEL 1 3,161 S.F. PROPOSED LEVEL 2 0 S.F. PROPOSED LEVEL 3 TOTAL PROPOSED NET LEASABLE 9,580 S.F. PROPOSED NET LIVABLE 0 S.F. PROPOSED NET BASEMENT 936 S.F. PROPOSED NET AHU ILVL.2) 2,465 S.F. PROPOSED NET RESIDENTIAL ILVL.2&� 465 S.F. NON-UNIT SPACE PROPOSED NET DECK SPACE ILVL 2 3,918 S.F. TOTAL NET LIVABLE PROPOSED NET LEASABLE 13,498 S.F. TOTAL NET(LEASABLE&LIVABLE) PROPOSED NET AHU PROPOSED NET RESIDENTIAL PROPOSED NET DECK — SPACE:67S.F. I -—_ PROPOSED NET DECK SPACE - - __ _ I�, PROPOSE N T AHU - :_9365F. b I ? s .`PROPOSED NET RESIDENTIAL: ROOF/ A — '� SECOND EVEL I � `� FIRST LEV EL NET LEASABLE:, 3.161 S.F. f \ 3,251 S.F. l � � PROPOSED NET DECK SPACE BASEMENT L ASABLE: f I� 450 S.F.I f �3168SF� i PROPOSED NET RESIDENTIAL&DECK SPACE-LEVEL 3 PROPOSED NET LEASABLE,ADU,&DECK SPACE-LEVEL 2 ED EV ELO PMENT PROPOSED NET LEASABLE-LEVEL 1 616 E. HYMAN R PROPOSED NET LEASABLE BASEMENT 616E.HWANAVENUEASPEN,COLORA//DOO81611 SCHEMATIC DESIGN AREAOALCULA IONSBLE&LIp4 0/2012 A! 7 Voss 8 16 32 6D3 F\61 MEI 61 EEL F coloQ oo SI811 Iil 6)01933 IISS l 1 2 eSD DECKS PROPOSED F.A.R.CALCULATIONS: PROPOSED BASEMENT LEVEL 4,438 S.F. BASEMEo EXPOSURE) �N/A- PROPOSED LEVEL 1 41200 S.F. LEVEL 1 FLOOR AREA 1,140 S.F. 0 S.F. CARPORT/SERVICE YARD LEVEL 1 DECKS PROPOSED LEVEL 2 51152 S.F. 67 S.F. LEVEL 2 FLOOR AREA LEVEL 2 DECKS PROPOSED LEVEL 3 21430 S.F. 450 S.F. NON-UNIT SPACE LEVEL 3 FLOOR AREA LEVEL 3 DECKS 17,360 S.F. PROPOSED NET LEASABLE 4,438 S.F. TOTAL GROSS PROPOSED 500 S.F. 517 S.F. LESS TOTAL EXEMPT BASEMENT CARPORT ALLOWABLE(2 UNITS) PROPOSED NET AHU TOTAL DECKS - 4 ACTUAL PROPOSED F.A.R. PROPOSED NET RESIDENTIAL -_ - - - DECK 67S F* PROPOSED NET DECK SPACE - — �- — - ------------ - - — -_ =- -- - 4.200 S.F. •� �\ \ \ ` ..,., AREA OTA LEVEL 1:A DN', � .. �� � V • � ��. t � \ \ `'`�` �� � 5 152 S.F. `� `. � • � 4 � SOSF I .. • - i ' _418S F. \\ I PROPOSED FAR LEVEL 3 N REDEVELOPMENT ENT - - - I 616 E. HYMp - - 1- - - -_ LEVEL 2 bl b E.HYMAN AVENUE ASPEN,CO ORADO 816 PROPOSED FAR R QCz0Al2 LC-UAL�ATM IONS Q PROPOSED FAR LEVEL 1 PR 4M/2012 PROPOSED FAR BASEMENT SCHEMATIC poTMRIR STREET RSPER °IIIESI0 R.S.. li)R7 01 Rxs 4T5S1SI97°112 20" 32 O 8 16 0 NON-UNIT AREAS: 3,423 S.F. 1,015 S.F. BASEMENT COMUERCIAL BASEMENT NON 4,248 S.F. 1,092 S.F. LEVEL 1 COMMERCIAL LEV ELLEV EL 1 3,323 S.F. 634 S.F. LEVEL2COON COMMERCIAL 1,011 S.F. LEVEL 2 N 67 S.F. LEVEE 184 S.F. LEVLEV ELF LEVEL 2 FREE MARKET 2,430 S.F. NON-UNIT SPACE LEVEL 3 RESIDENTIAL 450 S.F. 0 S.F. LEVELS 21741 S.F. LEVEL 3 NON UNIT i COMMERCIAL NON-U AHU RESIDENTIAL (PARKING S F)AREA: (ACCESS RAMP AREA: DECK: 332 S.F.) (PARKING AREA: 67 S.F� _ - ' 5D3 S.F.) DECK -� - ----- - - -_- -_- -- - - - - T � � Y Y -UNIT: \ � (SPACE 2 AREA: A \587 S.F.) ROOF V ON \�7845.F NON-UNIT:I / `;@THIRD LEV EL 1.015 S.F. � COM 4E2 BI S.FTO \. ,/ \� L; I I 1 450 S F • I 3.423 S.\ V - .. (SPACE 1 AREA: � X2,854 S.F.) � \ _ - _ &DECK SPACE LEV EL 3 PR L- OPOSED NET RESIDENTIAL - 1---- -- I_ N REDEVELOPMENT __-- PROPOSED NET LEASABLE,ADU, &DECK SPACE-LEVEL 2 1IYMA �- 61 6 E• 616 E.HY MAN AVENUE ASPEN•COLORADO 81611 PROPOSED NET LEASABLE-LEVEL 1 PROPOSED NET LEASABLE-BASEMENT SPACE 04l300z Al N. NON-UNIT SCHEMATIC DESIG Ozmi «� PO S S11X SiREfT XSPfX'LOL0RSR0 RI811 u lAll,]1910/R35 0]55(fI RI D/930 1R30