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HomeMy WebLinkAboutLand Use Case.534 E Cooper Ave.0011.2013.ASLU 40 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0011.2013.ASLU PARCEL ID NUMBERS 2737.182.24.008 PROJECTS ADDRESS 534 E COOPER (BOOGIES BUILDING) PLANNER JESSICA GARROW CASE DESCRIPTION GMQS ALLOTMENT SUBDIVISION REPRESENTATIVE VANN ASSOCIATES DATE OF FINAL ACTION 07/25/2013 CLOSED BY ANGELA SCOREY ON: 11/06/13 Ordinance No. 26, (SERIES OF 2013) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING SUBDIVISION, FOR THE DEVELOPMENT OF ONE (1) FREE-MARKET RESIDENTIAL UNIT, ONE (1) AFFORDABLE HOUSING UNIT, AND 292 SQ FT OF NEW COMMERCIAL SPACE FOR THE PROPERTY LOCATED AT 534 E COOPER AVE (BOOGIES BUILDING) CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2 73 7-182-24-008 WHEREAS, the Community Development Department received an application from Boogie's Building of Aspen, LLC, represented by Sunny Vann of Vann Associates, LLC requesting approval of Free-Market Residential, Affordable Housing, and Commercial Growth Management Allotments, and Subdivision, to remodel and expand the existing building to include one (1) free-market residential unit, one (1) affordable housing unit, and 292 sq ft of new commercial space; and, WHEREAS, the Applicant requests approval by the Planning and Zoning Commission Free-Market Residential, Affordable Housing, and Commercial Growth Management Allotments; and, WHEREAS, the Applicant requests a recommendation by the Planning and Zoning Commission to the City Council for Subdivision approval; and, WHEREAS,the property is zoned Commercial Core (CC); and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended approval of the application; and, WHEREAS, during a duly noticed public hearing on April 16, 2014, the Planning and Zoning Commission approved Resolution No. 10, Series of 2013, by a seven to zero (7 — 0) vote, approving one (1) Free-Market Residential Growth Management Allotments, one (1) Affordable Housing Growth Management Allotment, and 292 sq ft Commercial Growth Management Allotments, and recommending the Aspen City Council approve a Subdivision; and, WHEREAS, on July 8, 2013 the Aspen City Council approved Ordinance No. 26, Series 2013, on First Reading by a four to zero (4-0) vote, approving with conditions a subdivision of the Property; and, WHEREAS, during a public hearing on July 22, 2013, the Aspen City Council approved Ordinance No. 26, Series 2013, by a four to zero (4-0) vote, approving with conditions a subdivision of the Property; and, Ordinance No 26, Series 2013 Page 1 of 6 WHEREAS, the Aspen City Council 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 Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS,the City Council 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 City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council approves a Subdivision review allowing for the development of one (1) free-market residential unit, one (1) affordable housing unit, and 292 sq ft of commercial net leasable space at 534 E Cooper Ave, commonly known as the Boogies Building. Section 2: Plat and Agreement The Applicant shall record a Subdivision Improvement Agreement (SIA) and subdivision plat that meets the requirements of Land Use Code Chapter 26.480, Subdivision, within 180 days of Final HPC and Final Commercial Design approval. Once construction is nearly complete but prior to an issuance of Certificate of Occupancy, the developer shall file a condominium plat and associated documents for review and approval by the City Engineer and Community Development Director as outlined in Land Use Code Section 26.480.090, Condom iniumization. Section 3: Dimensions & Zoninta Requirements All dimensions shall meet the requirements of the Land Use Code in effect on March 30, 2012 (date of initial application). The free-market residential unit is approved at 2,307 square feet of net livable area, through the landing of a Historic Transferable Development Right (TDR). The approved floor plans, dated June 24, 2013, are attached as Exhibit A. Minor changes from these are permitted at building permit. Areas labeled as "roof' or "rooftop garden" are not permitted for use as a deck. The chimney shown in the approved plans is not approved. Ordinance No 26, Series 2013 Page 2 of 6 The project is subject to all conditions included in HPC Resolution 16, Series of 2012. The 2% required off--site Public Amenity space may be satisfied through actual improvements approved by the Parks, Engineering, and Community Development Departments, or through a cash-in-lieu payment of$9,403.50, as originally recommended by HPC in Resolution 16, Series of 2012. Final HPC and Commercial Design Review is required. The Final HPC and Commercial Design Reviews shall address where any rooftop mechanical equipment is located. Section 4: Temporary Enclosure Removal Removal of the existing second floor deck enclosure shall be completed prior to and be a condition of the Subdivision Improvement Agreement (SIA) recordation. A building permit may not be applied for until the enclosure is removed, as verified by the Zoning Officer. Section 5: Parking The applicant shall pay a cash-in-lieu fee for the 0.292 parking spaces generated by the added commercial space in the development. Section 6: Engineering The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the Engineering Department. The Applicant shall be subject to the Urban Runoff Management Plan Requirements. A compliant drainage plan must be submitted with a building permit application. This includes detaining and providing water quality for the entire site. If the site chooses fee- in-lieu of detention (FIL), it can only be applied to existing impervious areas all new areas will need to discharge at historic rates. Any detention requirements covered under the FIL option must discharge directly to the City's stormwater infrastructure. As of March 13, 2013, the sidewalk was in acceptable condition and did not require replacement. The curb and gutter was damaged and should be replaced. Should the sidewalk, curb or gutter be damaged as a result of construction activities, it will be the property owner's responsibility to repair the damage as described in Title 21. Due to the proximity of the neighboring property, the City will require an excavation stabilization plan prior for any excavation. The plan should be submitted with the building permit submittal. The Construction Management Plan shall describe mitigation for: parking, staging/encroachments, and truck traffic. Section 7: Affordable Housing The one (1) on-site, one-bedroom affordable housing unit shall be deed restricted to Category 3 and is being used as mitigation for the development. The Certificate of Ordinance No 26, Series 2013 Page 3 of 6 Occupancy (CO) for the unit shall be issued prior to or at the same time as the proposed free-market unit. The affordable housing units shall be compliant with the Aspen/Pitkin County Housing Guidelines. Owner and APCHA stipulate and agree that, in accordance with C.R.S. 38-12-301(1)(a) and (b), this Deed Restriction constitutes a voluntary agreement and deed restriction to limit rent on the property subject hereto and to otherwise provide affordable housing stock. Owner waives any right it may have to claim that this Deed Restriction violates C.R.S. 38-12-301. More detailed information regarding the management and maintenance of the unit shall be provided to APCHA with the proposed deed restriction prior to CO. The owner shall have the right to rent the unit to tenants qualified under the APPCHA Guidelines. If the owner cannot provide a qualified tenant, the unit shall be rented through APCHA's normal advertising process. At no time shall the tenancy of the unit during a lease period be tied to continued employment by the owner. Tenant leases, however, may be terminated for cause or at the end of the lease period upon termination of employment. The tenant in the rental unit shall be required to be requalified by APCHA on a yearly basis. If the owner elects to sell the unit, or they are required to be sold due to noncompliance, owner shall condominiumize the unit and form a condominium association for the management and maintenance thereof. The affordable housing association shall be separate from the free-market residential unit's and commercial unit's association(s). In the event the rental unit is required to become ownership unit due to noncompliance, APCHA or the City may elect to purchase them for rental to qualified tenants in accordance with APCHA Guidelines. Section 8: Fire Mitigation All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Section 9: Utilities Due to a low roof (non-conforming with standards) above the existing transformer and non-conformance to Electrical codes, the existing transformer cannot be upsized in place._ - - - Most likely the transformers at Aspen Core/ Little Annies will not be able to be used by this developer as capacity is being reserved for those developments. Due to these constraints, a new transformer location may be the best option. The applicant shall work with the Utilities Department prior to submittal of building permit to determine a location for a new transformer that acceptable to the Utilities Department. Section 10: Sanitation District Reauirements Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. ACSD will review the approved Ordinance No 26, Series 2013 Page 4 of 6 Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. Because a restaurant currently exists and is anticipated to remain, Oil and Grease interceptors (NOT traps) are required for all food processing establishment. Locations of food processing shall be identified prior to building permit. Section 11: Parks Landscaping in the public right of way will be subject to landscaping in the ROW requirements, Chapter 21.20. There shall be no plantings within the City ROW which are not approved by the City Parks Department and the Engineering Department. if a tree(s) is requested for removal, the applicant will be required to receive an approved tree removal permit per City Code 13.20, this includes impacts under the drip line of the tree. Parks is requiring that the tree permit be approved prior to approval of the demo and/or building permits. Parks will approve a final landscape plan during the review of the tree removal permit based on the landscape estimates. A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site and their represented drip lines. A formal plan indicating the location of the tree protection will be required for the building permit set. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site. This fence must be inspected by the city forester or his/her designee before any construction activities are to commence. Section 12: 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 or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 13: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such-prior ordinances. Section 14: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Ordinance No 26, Series 2013 Page 5 of 6 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 8th day of July, 2013. to n Skadron,Mayor ATTEST: Kathryn S. K , City Clerk FINALLY,adopted, passed and approved this 22-day of 0 L 2013. Steven Skadron,Mayor ATTEST: APPROVED AS TO FORM: Kathryn S. Koc City Clerk ames R. True, City Attorney Ordinance No 26, Series 2013 Page 6 of 6 74— poss ARCIA[C[11:RC rPLNPtlnL Cy �� I z �w� RECEIVED I z _ JUN 242013 ILLr ;, OCN.(Ipa CITY OF ASPEN UUtINm DMIOpMENT (— -� commf*cm 534 EAST COOPER M p W 1 ur F C.aaeWW _ P �Wl�bla M541LM LFIIL W.wrrrrrrsis.lrw Was--w+nar.wwn�.uwu++r-+ur.wr V4.r wiJ ww�.w.u.r. Q, PRO POSMBAStiMENYLEVEL .. .r,. .., w.e.. A-1 01 pons ARCM IECTVRE•PM.1A6 t x 0 0 O. M-0 ECEIVED t PRUI �t z O O O JUN 2 4 2013 Is I ITY OF ASPEN F�—aM[INr Y DEVELOPMT 0 t E 534 EAST COOPER t ,= I � w oV.Yrr.,w Y�uw L vrawrrwuro�m�r...waP wu Ywa��wlis.WOW.strr.urww ��'MOR13f.(1 GP(kfV�tE�'R PRQPOSED GROUND LEVEL x A-102 pass .PVXtIKG 1 O .N0 rNOrosco I L: RQIOLNSIAI 00Y4ugAC \ VNIT ----------------.-_�� f o O �� 0 -----_— J N 2 4 1013 CI ciff OF ASPEN C ITY DEVELOP6lEM i444X. Ii . O 1 534 EAST COOPER .e+b44v T— Li 7�, e F 6 MOTD7LD?/k4 NiNC l2KL '� r,IrY.+rrN.M44m.nHr4oUw.iN[.wn NY,P,>rerw.r4wor.v4.Nr OW+wa) S PROPOSED MEZZANINE LEVEL am.orro..4N4.ww 4,.n._4.. M1lo� �^^' y A-103 pass I I ARCHIIEME a?LWMG 1 � r ME / W nru.wurM.n.vr WPPR PCSIOIXTI.LL W11T R W EI L E UN 2 4 2013 �. Cl OF ASPEN s r� cow UNi m DMOPMENT yP. 534 EAST COOPER t r1P1rw �Ke���InrvnwA r a. I rxoros>:onaw ccva rw.war.er�oalu.wulq•aa-wraTayalP�aYPN.rar.a.uw.w. N.v wl PROPOSED THIRD LEVEL - A-104 pass ECEIVED cCCCCi JUN 2 4 2013 C Ty OF ASPEN com M Y DBIFLOPWFNT 1 534 EAST COOPER y , G ��" nwa•. Iw. r� s rwr o.aaaao .err ar r+.rw .a w • . r • '� re..run nn ,a . r a. • .7 D �• w MO'Oa[DR[10YLLVC- § .,,.w...o.....o..r,+..w....w,.aw.«.w.w..�,..nr.�...r PROPOSED ROOF LEVEL ui...�.o i .awao•,r tiro �:.�.w.".........u. ,..ter A-105 LEGAL NOTICE Ad Name: 9304561 A ORDINANCE#26,2013 PUBLIC HEAPING t ` Customer: Aspen (LEGALS) City of Ordinance a26.Series of 2013.was adopted on first reading at the City Council meeting June 24. f Your account number: 1013028 2013. This ordinance,if adopted will approve a subdivision for 534 E.Cooper(Boogies Buildings) to re model and expand one free market and one atI ordable housing unit and 292 square feet of PROOF OF PUBLICATION .commercial. The public hearing on this ordinance is scheduled for July 8.2013,of 5 PM.City hall. 130 South Galena. To see the entire text.go to the city's legal notce webs le http://www.aspenpitkim.cor vVOepartments/Clerk;Le- gal-Notices% It you would like a copy FAXed.mailed or e-mailed TBI Alris TIM:1 I()you,call the city clerk's office,429-2686. Published in the Aspen Times Weekly or,tune 27. 2013. f 9304561) STATE OF COLORADO, COUNTY OF PITKIN 1, Jim Morgan, do solemnly swear that I am General Manager of the ASPE/V TIMES WEEKLY, that the same weekly newspaper printed, in whole or in part and published in the County of Pitkin, State of Colorado,and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Pitkin for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement. The aspen -times is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement.was published in the regular and entire issue of cvcry number of said claily ne-v',,7spaper for the period of 1 consecutive insertions;and that the first publication of said notice was in the issue of said newspaper dated 6/27/2013 and that the last publication of said notice was in the issue of said newspaper dated 6/27/2013. In witness whereof, I have here unto set my hand this 07/12/2013. Jim Morgan,General Manager Subscribed and sworn to before me,a notary public in and for the County of Garfield,State of Colorado this 07/12/2013. Pamcla j. Schultz,Notary Public Commission expires:November 1,2015 � Y Pp PAMELAJ. ' SCHULTZ 9 Ca My COMMilln Wires iniriots O Q MEMORANDUM TO: Mayor Skadron and Aspen City Council FROM: Jessica Garrow, Long Range Planner. 51 C7 THRU: Chris Bendon, Community Development Director RE: 534 E Cooper Ave (Boogies)—Subdivision Review Second Reading, Ordinance No. 26, Series of 2013 MEETING DATE: July 22, 2013 APPLICANT/OWNER: Boogie's Building of Aspen, LLC c/o Leonard Weinglass REPRESENTATIVE: Sunny Vann, Vann Associates, LLC LOCATION: 534 E Cooper Ave(Boogies Buildings) CURRENT ZONING: CC (Commercial Core) SUMMARY: 'µ 'A The Applicant requests subdivision review for the remodel and expansion of the Boogies Building. STAFF RECOMMENDATION: Staff recommends approval of the request. P&Z RECOMMENDATION: P&Z unanimously recommended approval of the request. Photo: Boogies location and picture of Building viewed from Cooper Ave. Page 1 of 4 534 E Cooper Ave (Boogies)—Subdivision Review—Council Memo REQUEST OF CITY COUNCIL: The Applicant is requesting the following land use approvals to remodel and expand the existing building: • Subdivision approval (Chapter 26.480, Subdivision) for the creation of multiple residential units in a mixed-use building. (City Council is the final review authority after considering a recommendation from the Planning and Zoning Commission) BACKGROUND AND PROJECT SUMMARY: The applicant proposes to remodel and expand an existing two story building and add a recessed third floor at 534 E Cooper Ave. The lot is 6,269 square feet and is located approximately at the north-west corner of Cooper Ave and Hunter St. The original application for this redevelopment was made in March of 2012, and is subject to the Land Use Code in place at that time, which permitted new free-market residential units and an overall allowed height of 38 feet to 42 feet. Existing Conditions and History: The Boogies building is located in the Commercial Core (CC) zone district at 534 E Cooper Ave. It was built in 1987 using reconstruction credits from the demolition of the "Shaft Restaurant." At the time, the building was reconstructed so it did not contain any additional commercial square footage than had previously been on the site. A new two-bedroom affordable housing unit was voluntarily added as part of the reconstruction. The unit was not required to satisfy any mitigation requirements. The building included approximately 10,865 square feet of commercial space in the basement, first and second floors, and one (1) voluntary affordable housing unit on the second floor. In 1995, the owner requested approval to expand the second floor restaurant by 249 square feet through the conversion of one of the affordable housing unit's bedrooms into commercial space. This change in use request was granted, and a cash-in-lieu payment was made to mitigate the expanded restaurant. The affordable housing unit was still considered a voluntary unit, and an updated deed restriction for the reconfigured one-bedroom unit was recorded. At some point following the 1995 approval, the restaurant began enclosing a portion of the second floor outdoor deck with a tent. In 2003, the City informed the owner that the enclosure required a temporary use approval, which was granted. The enclosure has essentially remained up since the approval, even though the approval was only for one season. This application proposes to bring the area into compliance by expanding the restaurant and removing the "temporary" enclosed space. Staff has included a condition of approval requiring the temporary enclosure be removed prior to recordation of the Subdivision Improvements Agreement (SIA). Because this has been an on-going enforcement issue, City Council may wish to establish a different timeline. Proposed Development: The applicant proposes expanding the existing commercial space by 292 square feet of net leasable area, adding a new free-market residential unit of 2,307 square feet of net livable area to a new third floor, and expanding the affordable housing unit to 705 square feet of net livable area in order to use it as the required affordable housing mitigation for the project expansion. The unit was not originally provided as mitigation, so the applicant requests using it as mitigation for this project. The Planning and Zoning Commission reviewed and approved the commercial and Page 2 of 4 534 E Cooper Ave (Boogies)—Subdivision Review—Council Memo free-market residential growth management requests on April 16, 2013. They also accepted the existing deed restricted unit as mitigation for the increased space. The applicant proposes using a TDR to expand the free-market unit beyond 2,000 sq ft. net livable allowed by zoning. The expanded net leasable space generates 0.292 parking spaces, which the applicant will mitigate for through a cash-in-lieu payment. This is allowed by right in the land use code. No parking is required for the residential units. The project received Conceptual HPC and Conceptual Commercial Design Approval from the Historic Preservation Commission on July 11, 2012, which limited the building to thirty-eight (38) feet in height, and approved on-site Public Amenity space of 8% and 2% off-site, recommending a cash-in-lieu payment be used to satisfy that portion of the requirement. The Conceptual Reviews were called up by City Council, which affirmed HPC's decision. Minutes from the Council discussion are attached as Exhibit G. The proposed dimensions are included in Table 1, below. Table 1: Existing and Proposed Dimensions Existing Proposed Height 27' to top of parapet; 38, 37' to top of atrium Floor Area (sq ft) 8,101 sq. ft. 12,661 sq. ft. Net Leasable (sq ft) 10,379 sq. ft. 10,671 sq. ft. Affordable Housing Net Livable 654 sq. ft. 705 sq. ft. (sq ft Free-Market Residential Net N/A 2,307 sq. ft. Livable (sq ft) STAFF COMMENTS: SUBDIVISION REVIEW A subdivision review is required for this mixed-use building because multiple dwelling units are proposed. The applicant proposes to develop a new free market residential unit, additional commercial net leasable space and proposes to mitigate by expanding an existing deed restricted unit and updating its deed restriction. The subdivision is similar to the other subdivisions seen throughout the downtown area. In reviewing the Subdivision portion of the application, staff believes the proposal meets all applicable review requirements. The project is currently served by utilities, and the expansion can be accommodated through an upgrade to the existing utility box. In addition, the applicant will meet all applicable engineering requirements, including all drainage requirements. The existing trash/recycling area can accommodate the expansion. REFERRAL AGENCY COMMENTS: The City Engineer, Fire Marshal, Water Department, Aspen Sanitation District, Building Department, Parks Department, and APCHA have all reviewed the proposed application and their requirements have been included as conditions of approval when appropriate. A copy of the Referral Agency comments is attached as Exhibit C. Page 3 of 4 534 E Cooper Ave (Boogies)—Subdivision Review—Council Memo PLANNING & ZONING COMMISSION COMMENTS: The Planning and Zoning Commission voted seven to zero (7-0) in favor of the request. A copy of the minutes from their April 16th meeting is attached as Exhibit D. RECOMMENDATION: Staff recommends approval of the project, with the following conditions: 1. The project is subject to all conditions included in HPC Resolution 16, Series of 2012. 2. The Final HPC and Commercial Design Reviews shall address where any rooftop mechanical equipment is located. 3. All areas labeled "roof' and "exterior roof garden" may not be used as deck space. 4. The prevision of any required Public Amenity space through a cash-in-lieu payment, as originally recommended by HPC, is approved. 5. Removal of the existing second floor deck enclosure shall be completed prior to recordation of the Subdivision Improvements Agreement (SIA). PROPOSED MOTION: "I move to approve Ordinance #26, Series 2013, approving a Subdivision Review for the project located at 534 E Cooper Ave." Attachments: Exhibit A— Subdivision Review Criteria, Staff Findings Exhibit B—DRC Comments Exhibit C—Public Comment Exhibit D—April 16, 2013 P&Z minutes Exhibit E—Revised FAR and Net Livable/Leasable drawings, dated June 24, 2013 (also attached as Exhibit A to the Ordinance) Exhibit F—Application (previously provided to City Council) Exhibit G—Minutes from Council Call-Up consideration, August 13, 2012 Page 4 of 4 534 E Cooper Ave (Boogies)—Subdivision Review—Council Memo Ordinance No. 26, (SERIES OF 2013) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING SUBDIVISION, FOR THE DEVELOPMENT OF ONE (1) FREE-MARKET RESIDENTIAL UNIT, ONE (1) AFFORDABLE HOUSING UNIT, AND 292 SQ FT OF NEW COMMERCIAL SPACE FOR THE PROPERTY LOCATED AT 534 E COOPER AVE (BOOGIES BUILDING) CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-182-24-008 WHEREAS,the Community Development Department received an application from Boogie's Building of Aspen, LLC, represented by Sunny Vann of Vann Associates, LLC requesting approval of Free-Market Residential, Affordable Housing, and Commercial Growth Management Allotments, and Subdivision, to remodel and expand the existing building to include one (1) free-market residential unit, one (1) affordable housing unit, and 292 sq ft of new commercial space; and, WHEREAS, the Applicant requests approval by the Planning and Zoning Commission Free-Market Residential, Affordable Housing, and Commercial Growth Management Allotments; and, WHEREAS, the Applicant requests a recommendation by the Planning and Zoning Commission to the City Council for Subdivision approval; and, WHEREAS,the property is zoned Commercial Core (CC); and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended approval of the application; and, WHEREAS, during a duly noticed public hearing on April 16, 2014, the Planning and Zoning Commission approved Resolution No. 10, Series of 2013, by a seven to zero (7 — 0) vote, approving one (1) Free-Market Residential Growth Management Allotments, one (1) Affordable Housing Growth Management Allotment, and 292 sq ft Commercial Growth Management Allotments, and recommending the Aspen City Council approve a Subdivision; and, WHEREAS, on July 8, 2013 the Aspen City Council approved Ordinance No. 26, Series 2013, on First Reading by a four to zero (4-0) vote, approving with conditions a subdivision of the Property; and, WHEREAS, during a public hearing on July 22, 2013, the Aspen City Council approved Ordinance No. 26, Series 2013, by a to vote, approving with conditions a subdivision of the Property; and, Ordinance No 26, Series 2013 Page 1 of 6 WHEREAS, the Aspen City Council 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 Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS,the City Council 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 City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council approves a Subdivision review allowing for the development of one (1) free-market residential unit, one (1) affordable housing unit, and 292 sq ft of commercial net leasable space at 534 E Cooper Ave, commonly known as the Boogies Building. Section 2: Plat and Agreement The Applicant shall record a Subdivision Improvement Agreement (SIA) and subdivision plat that meets the requirements of Land Use Code Chapter 26.480, Subdivision, within 180 days of Final HPC and Final Commercial Design approval. Once construction is nearly complete but prior to an issuance of Certificate of Occupancy, the developer shall file a condominium plat and associated documents for review and approval by the City Engineer and Community Development Director as outlined in Land Use Code Section 26.480.090, Condom iniumization. Section 3: Dimensions & Zoning Requirements All dimensions shall meet the requirements of the Land Use Code in effect on March 30, 2012 (date of initial application). The free-market residential unit is approved at 2,307 square feet of net livable area, through the landing of a Historic Transferable Development Right (TDR). The approved floor plans, dated June 24, 2013, are attached as Exhibit A. Minor changes from these are permitted at building permit. Areas labeled as "roof' or "rooftop garden" are not permitted for use as a deck. The chimney shown in the approved plans is not approved. Ordinance No 26, Series 2013 Page 2 of 6 The project is subject to all conditions included in HPC Resolution 16, Series of 2012. The 2% required off-site Public Amenity space may be satisfied through actual improvements approved by the Parks, Engineering, and Community Development Departments, or through a cash-in-lieu payment of$9,403.50, as originally recommended by HPC in Resolution 16, Series of 2012. Final HPC and Commercial Design Review is required. The Final HPC and Commercial Design Reviews shall address where any rooftop mechanical equipment is located. Section 4: Temporary Enclosure Removal Removal of the existing second floor deck enclosure shall be completed prior to and be a condition of the Subdivision Improvement Agreement (SIA) recordation. A building permit may not be applied for until the enclosure is removed, as verified by the Zoning Officer. Section 5: Parking The applicant shall pay a cash-in-lieu fee for the 0.292 parking spaces generated by the added commercial space in the development. Section 6: Engineering The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the Engineering Department. The Applicant shall be subject to the Urban Runoff Management Plan Requirements. A compliant drainage plan must be submitted with a building permit application. This includes detaining and providing water quality for the entire site. If the site chooses fee- in-lieu of detention (FIL), it can only be applied to existing impervious areas all new areas will need to discharge at historic rates. Any detention requirements covered under the FIL option must discharge directly to the City's stormwater infrastructure. As of March 13, 2013, the sidewalk was in acceptable condition and did not require replacement. The curb and gutter was damaged and should be replaced. Should the sidewalk, curb or gutter be damaged as a result of construction activities, it will be the property owner's responsibility to repair the damage as described in Title 21. Due to the proximity of the neighboring property, the City will require an excavation stabilization plan prior for any excavation. The plan should be submitted with the building permit submittal. The Construction Management Plan shall describe mitigation for: parking, staging/encroachments, and truck traffic. Section 7: Affordable Housing The one (1) on-site, one-bedroom affordable housing unit shall be deed restricted to Category 3 and is being used as mitigation for the development. The Certificate of Ordinance No 26, Series 2013 Page 3 of 6 Occupancy (CO) for the unit shall be issued prior to or at the same time as the proposed free-market unit. The affordable housing units shall be compliant with the Aspen/Pitkin County Housing Guidelines. Owner and APCHA stipulate and agree that, in accordance with C.R.S. 38-12-301(1)(a) and (b), this Deed Restriction constitutes a voluntary agreement and deed restriction to limit rent on the property subject hereto and to otherwise provide affordable housing stock. Owner waives any right it may have to claim that this Deed Restriction violates C.R.S. 38-12-301. More detailed information regarding the management and maintenance of the unit shall be provided to APCHA with the proposed deed restriction prior to CO. The owner shall have the right to rent the unit to tenants qualified under the APPCHA Guidelines. If the owner cannot provide a qualified tenant, the unit shall be rented through APCHA's normal advertising process. At no time shall the tenancy of the unit during a lease period be tied to continued employment by the owner. Tenant leases, however, may be terminated for cause or at the end of the lease period upon termination of employment. The tenant in the rental unit shall be required to be requalified by APCHA on a yearly basis. If the owner elects to sell the unit, or they are required to be sold due to noncompliance, owner shall condominiumize the unit and form a condominium association for the management and maintenance thereof. The affordable housing association shall be separate from the free-market residential unit's and commercial unit's association(s). In the event the rental unit is required to become ownership unit due to noncompliance, APCHA or the City may elect to purchase them for rental to qualified tenants in accordance with APCHA Guidelines. Section 8: Fire Mitigation All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Section 9: Utilities Due to a low roof (non-conforming with standards) above the existing transformer and non-conformance to Electrical codes, the existing transformer cannot be upsized in place. Most likely the transformers at Aspen Core/ Little Annies will not be able to be used by this developer as capacity is being reserved for those developments. Due to these constraints, a new transformer location may be the best option. The applicant shall work with the Utilities Department prior to submittal of building permit to determine a location for a new transformer that acceptable to the Utilities Department. Section 10: Sanitation District Requirements Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. ACSD will review the approved Ordinance No 26, Series 2013 Page 4 of 6 Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. Because a restaurant currently exists and is anticipated to remain, Oil and Grease interceptors (NOT traps) are required for all food processing establishment. Locations of food processing shall be identified prior to building permit. Section 11: Parks Landscaping in the public right of way will be subject to landscaping in the ROW requirements, Chapter 21.20. There shall be no plantings within the City ROW which are not approved by the City Parks Department and the Engineering Department. If a tree(s) is requested for removal, the applicant will be required to receive an approved tree removal permit per City Code 13.20, this includes impacts under the drip line of the tree. Parks is requiring that the tree permit be approved prior to approval of the demo and/or building permits. Parks will approve a final landscape plan during the review of the tree removal permit based on the landscape estimates. A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site and their represented drip lines. A formal plan indicating the location of the tree protection will be required for the building permit set. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site. This fence must be inspected by the city forester or his/her designee before any construction activities are to commence. Section 12: 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 or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 13: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 14: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Ordinance No 26, Series 2013 Page 5 of 6 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 8th day of July, 2013. Steven Skadron, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY,adopted, passed and approved this day of , 2013. Steven Skadron,Mayor ATTEST: APPROVED AS TO FORM: Kathryn S. Koch, City Clerk James R. True, City Attorney Ordinance No 26, Series 2013 Page 6 of 6 M -�-- pass _____________ _ __ ___ ARCI9iELiLRf %AfNINIG x I L t i COMMUCGLL EKIIjJ\ � - OWIMCACNL- - COMMERCUr ' ❑ d ti.ri��MAnnppM.ry.Ml' ECEI W gs ED - _ _ JUN 2 4 2013 M,R L r �tI �M O�ASPEN ENT CONM[RCML co,MERc- 534 EAST COOPER ___ '�!I'ra•xw VI+ M q uK I Y• . rpurYw•!WR _. __�. ___ --_— ___ apiKWwuML WrYw .nWntl[DnM 0 PROI'OO'EO MStlF1LM llVEL • rar..uraraara>wruuuur..uw.awnww.waw.ww•r,ww Kw p4..w.�d S PROPOSED BASEMENT LEVEL A-101 7 poss ARCH TWUgC•PLAMM: _ O I x 0 0 0 I I - RML \ ", r ECEIVED O 4 JUN 2 4 2513 It ITY OF ASPEN CO IMUNITY DEVELOPMENT 0 534 EAST COOPER i AuYxu 1 I Arnu �y y nipxa• • :b.wy, xY • 0 w R nu nlL.MxwAW xx •Yp ,�� C 5 - u�•rwnruwxnm.mar.x+wivn.xawxA,wmwna..wvun.r6e,.w.m..wn I�ROMIS[h GnOU`1�t1:vFL OLnr wril P POSED GROUND LEVEL wAnpmw.npr-wAxx.Y.m Yx �,,p. ..�. — -- ?L .. rWIY MX,r.A.iN'1WO.lT �.$-9lw _ k _ aOMxr.,rYU.x . A-102 �;a w s-nay pass AACNIfECSIGE r PS.4dY41'G �� •� OUTDOOR \ t � wi•wn 1 O / PROPOUD 1 RESIOCNT1Al .- COUMEMAL ,\ ` i UNIT „ ,f FNkVNIFw: �\ _ W hll I�flwnRn.FM�i.F� r � f o p UP ------ — : J N 2 4 2013 DaTING c V� CI OF ASPEN COMM'NITY DEVEWPMENT I wwoyN p 534.EASTCOOPER uWYNxwHegNw•aluMw {� I �4YFxV i OMFPoFwµ �„F„ WM•wlwo wq I� w•w•FwN :Nn •n • » W s ' M„iRn .0 .ux�w Kti 1 a W V Fu Fn •w �� L �F.wu w„ewYxnw.•w Wln� -•I•MNVtoMNA• uaW1-IMW n IRxN••e.r unllam•w}.nmiwmim.nuc.wm..nrn•Fa.„uww.rrFmr+F+ua.lw I'ROI os MERANM[LLVEt - (M-4 y _ ZOPOS£D MEZZANINE LEVEL mMN4s•rFO�.wwFirin RN M110) f nFRw�uwwM.N•vR�.YF Nx - y A-103 � pons p,.R FRCHIIfCNRE+PUIRNnG I I I I I- LEF-L-El=, FREE / w n.rr.i�wanmV.n ue NARNET NESWE" WNT CEIVED UN 242013 Cl"Y OF ASPEN CM UN[M DEVELOPWNT I i 534 EAST COOPER i it u4Y.l[J+P Nb w 0 y N44N.w—ruu�x W�.V tlilunYanf — Y. _.__ 1ClW1UMnrunlrn = y .mpn ymurt L not •. �� n� , J6 C1tD1 V StD 77f lAD[.F�'EL .y. I�InNASttYNtoilab'.cGhrlsi W JYwI•rtn WnttaNMllYt.up:t-W�es+fW W.IW (N.„.wd �PROPOSED'I1iIRDlEVEL � �-� A-104 NEW pons ARVITECIVRE♦"IWIC KI♦i�Wh�MMw NY V Etll EI D'ED JUN 2 4 2013 C Ty OF ASPEN ro> COM iUNrY DEUROPJJFNT 534 EAST COOPER i w�bu.PtYroYUV N,�,t,<« ti tYttoa oWk Iw [O.NMnP 0wYro1 w W ♦ a t YYYY[wR Jro♦ W ♦ N YJ ♦ � M NG W y yJ 10�111b 11ro4�VL1MVr.M MIOPOS[D RODY[EV[:: ' wYwn.iw.Jrno.wm+uroJ.woes.tn.Ywwwrouw...a.0.wY.mwY.i.,,. PROPOSED ROOF LEVEL iroYUeJertYJJr.ra.mom., wins -105 'Ca - rou M1'MSCt'dT3.. a. Exhibit A—Staff Findings, Subdivision 26.480.050. Review standards. A development application for subdivision review shall comply with the following standards and requirements: A. General requirements. 1. The proposed subdivision shall be compatible with the mix of development in the immediate vicinity of the parcel in terms of density, height, bulk, architecture, landscaping and open space, as well as with any applicable adopted regulatory master plan. Staff Findings: There are no applicable adopted Master Plans for this property. This is a mixed-use building that includes residential and commercial uses, which conforms with and is compatible with the uses in the immediate block and the zone district in general. In addition, the approved Conceptual Commercial Design is consistent with the heights, bulk, open space, and architecture in the area. The applicant is providing on-site open space (public amenity space) and is required to pay an additional cash-in-lieu fee for space that is being removed to accommodate accessibility improvements, which was approved as part of their Conceptual Commercial Design Review. Staff finds this criterion is met. 2. The proposed subdivision shall be consistent with the character of existing land uses in the area. Staff Findings: The development meets all of the dimensional and use requirements of the Commercial Core (CC) zone district and the area. Staff finds this criterion is met. 3. The proposed subdivision shall not adversely affect the future development of surrounding areas. Staff Findings: The development does not adversely affect future development in the area. It complies with zoning and is consistent with the other subdivisions in the area. Staff finds this criterion is met. 4. The proposed subdivision shall be in compliance with all applicable requirements of this Title. Staff Findings: The proposed subdivision complies with all applicable requirements of the Land Use Code. Staff finds this criterion is met. B. Suitability of land for subdivision. 1. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety or welfare of the residents in the proposed subdivision. Exhibit A—Staff Findings, Subdivision Page 1 of 3 2. Spatial pattern efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. Staff Findings: The proposed subdivision is located on a parcel suitable for the subdivision. There are no known hazards and no steep topography. In addition, the proposed subdivision is in a single mixed-use building so the spatial pattern is efficient. Existing services will be used, and any costs associated with upgrades to service, including to utility service will be borne by the applicant. Stafffinds this criterion is met. C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the following conditions have been met: 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with an applicable adopted regulatory plan, Title 28, the municipal code, the existing, neighboring development areas and/or the goals of the community. 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. Staff Findings: The proposed development meets the requirements of 26.580. The Engineering Department has reviewed the proposal and conditions have been added to the Resolution to ensure all Engineering requirements are met. Staff finds this criterion is met. D. Affordable housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Section 26.470.070.5, Demolition or redevelopment of multi-family housing. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. Staff Findings: The proposed development meets the requirements of 26470. Staff finds this criterion is met. E. School land dedication. Compliance with the School land dedication standards set forth at Chapter 26.620. Staff Findings: The applicant will comply with all required school land dedication requirements. A cash-in-lieu payment will be made as part of the building permit. Staff finds this criterion is met. F. Growth management approval. Subdivision approval may only be granted to applications for which all growth management development allotments have been granted or growth management exemptions have been obtained, pursuant to Chapter 26.470. Subdivision approval may be granted to create a parcel(s) zoned Affordable Housing Planned Unit Development (AH-PUD) without first obtaining growth management Exhibit A—Staff Findings, Subdivision Page 2 of 3 approvals if the newly created parcel(s) is required to obtain such growth management approvals prior to development through a legal instrument acceptable to the City Attorney. Staff Findings: The proposed development meets the requirements of the Growth Management Quota System, Chapter 26.470. If the growth management requests are granted by the Planning and Zoning Commission, this criterion will be met. . Exhibit A—Staff Findings, Subdivision Page 3 of 3 Exhibit B - Boogies DRC Comments Building • This addition may cause the building to be reclassified from VB to V A. This will require the addition of fire rated structure and assemblies. • The addition at the commercial level will trigger the toilet rooms to meet ICC/ANSI for accessibility. • The plans do not show but the elevation does show a door to the street from the ADU and Free market unit. This door is required to the street facade and will not be permitted to swing into the ROW. Utilities • The applicant should do load calculations now and meet with the department to review in order to better prepare for the building permit • Due to a low roof (non-conforming with standards) above the existing transformer and Non-conformance to Electrical codes the existing transformer cannot be upsized in place. Most likely the transformers at Aspen Core/ Little Armies will not be able to be used by this developer as capacity is being reserved for those developments. Due to these constraints, a new transformer location may be the best option. Fire • All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Environmental Health • No Comments. Trash/Recycling area meets requirements. Parking • No Comments Zoning • The calculation for existing floor area is not accurate. sheet E-102 the stair at South East corner should not be included. • Storage in Basement: sheet A-101 Proposed floor area calculations, and sheet A-106 Net leasable: indicate for whom the storage is proposed, for example commercial or residential. • Proposed "exterior roof garden" not calculated as deck exemption. No access to the area is permitted. • Roof mechanical sheet A-105; no information provided. • Page 17 gives details on proposed square footage but not proposed floor area. Is the deck exemption for the free market unit really 470 pursuant sheet A-103? The deck exemption is based on allowable floor area per use, not including the bonus of the TDR. • Proposed elevations have the chimney which was not approved by HPC. See exhibit 2, HPC Resolution No. 16 (Series of 2012). Exhibit B—Boogies DRC Comments Page 1 of 4 • Elevations (sheet A-112) and floor plan (sheet A109) indicate a door at the North elevation of the third floor free market unit. The roof at the third level has not been counted toward `deck exemption'. And the brick parapet shields the use. Is it intended for mechanical? Parks • Landscaping and Sidewalk Landscaped area: Landscaping in the public right of way will be subject to landscaping in the ROW requirements, Chapter 21.20. There shall be no plantings within the City ROW which are not approved by the City Parks Department and the Engineering Department. • Tree Permit: If a tree(s) is requested for removal, the applicant will be required to receive an approved tree removal permit per City Code 13.20, this includes impacts under the drip line of the tree. Parks is requiring that the tree permit be approved prior to approval of the demo and/or building permits. If a permit is necessary, contact the City Forester at 920-5120. Mitigation for removals will be paid cash in lieu or on site per City Code 13.20. Parks will approve a final landscape plan during the review of the tree removal permit based on the landscape estimates. • Tree Protection: A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site and their represented drip lines. A formal plan indicating the location of the tree protection will be required for the bldg permit set. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site. This fence must be inspected by the city forester or his/her designee (920-5120) before any construction activities are to commence. As referenced in Chapter 13.20 Engineering • These comments are not intended to be exclusive, but an initial response to the project packet submitted for purpose of the DRC meeting. • Drainage: • General note: The design for the site must meet the Urban Runoff Management Plan Requirements. Staff was not able to determine whether or not the site will meet these requirements. A full review will be completed when there is enough information to review. • A compliant drainage plan must be submitted with a building permit application. This includes detaining and providing water quality for the entire site. If the site chooses fee-in-lieu of detention (FIL), it can only be applied to existing impervious areas all new areas will need to discharge at historic rates. Any detention requirements covered under the FIL option must discharge directly to the City's stormwater infrastructure. • Staff was unable to determine whether or not the site is able to meet all the Drainage Principals: 1. Consider stormwater quality needs early in the design process. 2. Use the entire site when planning for stormwater quality treatment. 3. Avoid unnecessary impervious area. 4. Reduce runoff rates and volumes to more closely match natural conditions. 5. Integrate stormwater quality management and flood control. Exhibit B—Boogies DRC Comments Page 2 of 4 6. Develop stormwater quality facilities that enhance the site, the community, and the environment. 7. Use a treatment train approach. 8. Design sustainable facilities that can be safely maintained. 9. Design and maintain facilities with public safety in mind. • Sidewalk and Curb and Gutter: • General note: All sidewalk, curb and gutter must meet the Engineering Standards as outlined in Title 21. • As of March 13, 2013, the sidewalk was in acceptable condition and did not require replacement. The curb and gutter was damaged and should be replaced. Should the sidewalk, curb or gutter be damaged as a result of construction activities, it will be the property owner's responsibility to repair the damage as described in Title 21. • Construction Management—Engineering is concerned about the Construction Impacts of this site. The plan shall describe mitigation for: parking, staging/encroachments, and truck traffic. Note that the current code does not allow for any encroachments during the on-seasons (November 1 —April 15 and June 1 —Labor Day). • Excavation Stabilization—Due to the proximity of the neighboring property, the City will require an excavation stabilization plan prior for any excavation. The plan should be submitted with the building permit submittal. • Fee in Lieu—This project is considered a Major project and can opt to pay the Fee in Lieu for a portion of the detention requirements. Please refer to Section 2.12.140 of the Municipal Code. APCHA • The APCHA Board reviewed the application at their regular meeting held April 3, 2013 and finds the proposal consistent with the provisions of the current code regarding the use of the existing one-bedroom unit for mitigation of the proposed commercial and residential expansion. If using the on-site unit for mitigation is approved, the development would be allotted one point to the overall GMQS score. Sanitation • Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. • ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. • On-site utility plans require approval by ACSD. • Oil and Grease interceptors (NOT traps) are required for all food processing establishment. Locations of food processing shall be identified prior to building permit. Even though the commercial space is tenet finish, interceptors will be required at this time if food processing establishments are anticipated for this project. ACSD will not approve service to food processing establishments retrofitted for this use by small under counter TRAPS at a later date. • Oil and Sand separators are required for parking garages and vehicle maintenance establishments. Exhibit B—Boogies DRC Comments Page 3 of 4 • Driveway entrance drains must drain to drywells. • Elevator shaft drains must flow thru o/s interceptor • Old service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements. • Below grade development may require installation of a pumping system. • One tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single service line. • Permanent improvements are prohibited in sewer easements-or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. • All ACSD fees must be paid prior to the issuance of a building permit. Peg in our office can develop an estimate for this project once detailed plans have been made available to the district. • Where additional development would produce flows that would exceed the planned reserve capacity of the existing system (collection system and or treatment system) an additional proportionate fee will be assessed to eliminate the downstream collection system or treatment capacity constraint. Additional proportionate fees would be collected over time from all development in the area of concern in order to fund the improvements needed. • Glycol heating and snow melt systems must be designed to prohibit and discharge of glycol to any portion of the public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. • Soil Nails are not allowed in the public ROW above ASCD main sewer lines and within 3 feet vertically below an ACSD main sewer line. • We can comment on this application in greater detail once detailed plans have been submitted to the District. Exhibit B—Boogies DRC Comments Page 4 of 4 rxhlbt C f Jessica Garrow From: Duffy Hurwin <duffyhurwin @g mail.com> Sent: Thursday, April 04, 2013 1:35 I'M To: jessica.garrow @ci.aspen.co.us Cc: Warren Klug; chunke @vogeilaw.com Subject: Boogies Building proposed expansion To: Aspen Planning and Zoning Commission From: Ron and Duffy Hurwin We own a condominium#319 at Aspen Square 617 E. Cooper Ave. Our condo is on the 3rd floor of the Aspen Square Building exactly caddy corner to Boogies. The height increase will directly negatively impact our view of Red Mountain and beyond and we believe the height increase will also negatively impact our property value as well as values of other units in our building. For this reason we are very opposed to this project. We do not have a problem with the Boogies building as it is nor are we opposed to them tenting in the roof area during inclement weather. But we are very opposed to adding a story or more and the roof that would raise the height of the building by at least another 10-12 feet. f1s is,;we have seen the view obstruction created by the new art museum and how this has blocked the view for all,the north facing Aspen Square units. We don't know how a project of this height was passed in the downtown area of lower height buildings and do not wish to see any more view obstructions. These taller buildings are not characteristic of historic Aspen architecture and are a dangerous trend and blight. Sincerely, Duffy and Ron Hurwin i Exhibit D Rey-ular City Planning & Zonin2 Meeting— Minutes April 16, 2013 LJ Erspamer opened the public hearing on 534 East Cooper (Boogie's) Growth Management Review. LJ asked for legal notice. Debbie Quinn said that it was provided are approved as provided. Jessica Garrow said this is a public hearing for an application submitted by Boogie's Building of Aspen LLC for an expansion and remodel of the Boogie's Building which is at 534 East Cooper. The applicant is represented by Sunny Vann and Kim Weil of Poss Associates. The applicant is requesting 4 land use reviews to remodel this building; it is located within the Commercial Core and it previously received conceptual HPC and commercial design reviews. It was approved by HPC and went through the call-up process with City Council. Jessica said that City Council affirmed the decision through that call-up process. Jessica said the 4 reviews before you are 3 Growth Management reviews; 1 for the expansion of net leasable space, 2 is for a new free-market residential unit, 3 is affordable housing; P&Z is the final authority on all 3. The 4th review is a subdivision review and P&Z is the recommending body to Council. Jessica said the existing building is 2 stories and includes 10,379 square feet of net leasable space and 1 affordable housing unit that has 654 square feet of net livable space. Jessica noted a key part of this application is this unit was never acquired as affordable housing mitigation but rather a voluntary unit that the owner of the property wanted to provide so the existing deed restriction allows this unit to go away; so part of their proposal is to modernize the deed restriction and use that as mitigation for the proposal today. The proposal would expand the net leasable space by 292 square feet for a total of 10,671 square feet of net leasable space in the building. The expansion is on an existing 2nd floor deck; the applicant proposes to enlarge the affordable housing unit to 705 square feet of net livable area and update that mitigation and use it for this project. Jessica said that the applicant to proposing to add a 3`d story with a free-market residential unit just over 2300 square feet of net livable space. This was applied for in March of last year so it vested under a different code; that code allows 3 story buildings and new free- market residential units. Jessica said in terms of Growth Management the land use requires that affordable housing mitigation be provided for the largest requirement when it is provided on site; based on the expansion of the commercial space that generates .54 FTEs and the free-market unit would generate 1.73 FTEs based on the mitigation rates that are in the land use code. Jessica said that the planning staff and APCHA recommend that the affordable housing unit be accepted as mitigation for this project; it ensures that the existing unit remains within the rental pool in perpetuity. 3 Reeular City Planning & Zoning Meeting—Minutes April 16, 2013 If P&Z decides not to accept this unit as mitigation the applicant proposes to use affordable housing certificates. Jessica said in terms of Subdivision it is required because there are multiple residential units being proposed on the site and the mix in the vicinity as well as the commercial core. Staff is recommending approval of Subdivision and the Growth Management Reviews. Jasmine asked about the employee generation on site and how many will it house. Jessica replied 1.75 and the requirement is 1.73 so the size of the unit is slightly larger than what is required. Ryan asked if the affordable unit on site wasn't already on site would it be required to be deed restricted. Jessica replied it was just provided at the option of the owner as part of a redevelopment years ago. LJ asked what category was the employee unit and if they can't rent it will APCHA rent it. Jessica replied it was a category 3 and yes APCHA will rent it if they can't find a renter. Stan asked why on page 4 there were all the dimensional recommendations and we didn't have purview over it. Jessica said that until we get a subdivision review so this is a note that says the plans have been approved but we are not granting anything additional. Debbie said that she liked having them in because we recently had to make the final design was different from conceptual in certain respects and had been presented at least to Council if not P&Z in the amended form and nobody caught it and there wasn't any language such as this that says it was consistent. Debbie said there is always that possibility that someone will say oh but Council already looked at this and Debbie would rather have language like this. Stan said that should go back to HPC and it will go back to HPC for final and make sure it was in the resolution. Bert asked if the occupancy issue with the MotherLode has been resolved. Jessica replied that yes the resolution is written so the CO and the deed restriction for the affordable housing unit have to be in place before you can get a CO for the free- market component. LJ said reading page 7 under Section 2 Dimensions; the free-market residential unit is approved at 2,307 square feet. LJ asked how much is a Historic TDR; he said that he thought that it was 250. Jessica replied when they are landed they are 4 Regular City Planning & Zoning Meeting— Minutes April 16, 2013 500 square feet so the and the size cap under this code is 2,000 but you don't get to sever a TDR so that it is partial. LJ asked about the chimney. Jessica stated the chimney was not approved from HPC conceptual design. Sunny Vann said the commercial expansion was to mainly remove the tented structure that covers portions of the outdoor deck so that is being cleaned up and will be part of the building. No public comments. Jim supported the project and thought it was a good improvement to the character of the downtown. Jasmine stated this application clearly follows the requirements of the code. MOTION: Jim DeFrancia moved to approve Resolution 10 series 2013 approving Growth Management Reviews and recommend Council approve a Subdivision Development of one Free-Market Residential Unit, one Affordable Housing Unit and 292 square feet of new Commercial Space for 534 East Cooper; Ryan Walterscheid seconded. Roll call vote: Stan Gibbs, yes; Keith Goode, yes; Bert Myrin, yes; Jasmine Tygre, yes; Jim DeFrancia, yes; LJErspamer, yes. APPROVED 7-0. blic Hearing: 204'S,cwth Galena former GAP Growth Mana ement & Subdivision LJ Erspa opened the public hearing for 204 South Galena, the former ap, and Growth Mana ent Review. LJ asked if there was proof of legal ice. Debbie Quinn reviewed bo notices. Justin Barker introduced hi if as a planner for the ' y of Aspen. Justin said this is a 9,030 foot lot and is loc d in the Com rcial Core District with a Historic District overlay; the project eiv coal commercial design review from HPC in December and went back to February for an amendment to the final review. The request before today th plicant is seeking Growth Management Allotments for 0 square feet of ne net leasable commercial for the second level and 45 square feet for future net leas le commercial space. Justin said for the r irement for this area for every 1000 s re feet of net leasable space r the ground level would be 4.1 employees; for basement and the seco oor spaces is reduced by 25% would be 3.05 employees every 100 quare feet. Out of those FTEs they are required to mitigate for 60°o those 3.14 for the second level and 8.3 for the basement so the total is 11.44 FTEs. 5 pons TFFeR�nlrtcroRe�PI nu1llrlc 1 1 COMMERCIAL COMMERCIAL COMMERCIAL RECEIVED I I L _ JUN 2 4 2013 MECHANICAL CITY OF ASPEN ROOM ' COMMERCIAL faa�a;ihiiry DEVELOPMENT 1 COMMERCIAL 534 EAST COOPER i �uJ 0 s PROPOSED BA5EAIENT I EVEL m sowfuvrwlwoumx�o.we[wnm..wuifuxf.fw wauf nsunnwnaauuvlsu.uwamvuunssi fi.w Iflw�r....) 6 POSED BASEMENT LEVEL ifx — i.101 i.. A-101 r2 poss cRaRrecrur,E+i>�rnnuR� f 'x�,°n i O O O ' RETAIL II z O V` l i iii RECEIVED I O O O 1 JUN Z h 2013 it ,'ITY OF ASPEN �01YA!INITY DEVELOPMENT Y ' O ' 534 EAST COOPER FLIu ;3 --- r>� o I g - rxru rw xoxwnu,rca,u ewurxounoa uuui e,u.nr,Wxu,usiw„u,nmxuuurs,i.xwnmx uu�rsv-u+rx i`ft(�f(liE�GR�t IV�IE��EL IIL�.,r areal 8 PROPOSED GROUND LEVEL A-102 'E poss ARCHITICTURI-PLIHMN6 LHUTz -- DDTC DP`I •m,.°,� Aflo A Iasr[i41 O O - ! AHO ' PROPOSED ' RESIDENTIAL COMMERCIAL I UNIT I \\ y { II 1 lae O --------——— 42rq J 2 EX COMMERCI AL 1 OF ASPE N CCh9Ml LAITY DEVELOPh9EN' I — — O �\ 534 EAST COOPER L-T �a 7,n IT s - o — -ILL PROPOSED MEZ ANINE LEVEL �aiu rtllwwlwfu,ouirn.cwrtxcw rtoox•vaiiii,p�n¢uwui xsa�,iu mm�ur•wvi.uwnaaus°Vm�unw 011——.0 • PROPOSED MEZZANINE LEVEL A-103 �i poss dRCM�,ECiORE�FIFPIIIIPiG IF" T F� t - � \✓ � ✓rig �-/ v FREE su rrv.i xii xo�iroi.�irr MARKET RESIDENTIAL UNIT �CEIV ' IUN 2 4 2013 i i' Cl ry OF ASPEN CDA iJNITY DEVELOPMENT 534 EAST COOPER I I I I 1'R(]�nSEI)THIRII LEVEL $ yaw ruxaexn ruar�u onxrxw nowuz iu,zrzei.mnwui msoxvmnon nsea•sn.rxunmxru.m+�.ww In,.,ram1 POSED THIRD LEVEL A-104 m..... _no.00.4.,... pass //� .AFCNIiECNr2E+-PNJINIPIG' 1 , O O O d IVED JUN 2 4 2013 C TY OF ASPEN „ COM ZUNI T Y DEVELOPMFNT 534 EAST COOPER g „u - R PROI SED ROOF LEVEL ua[on[[,sv,[[ lsi nuamaau.wvnr&[.,loion o rorLL uB ]u ou PROPOSED ROOF LEVEL A-105 s5 Exhibit G Regular Meeting Aspen City Council August 13, 2012 1 Taddune, representing the Lift One condominiums, said his clients are concerned abou e lodge ilding expanding toward the Lift One condominiums. Taddune asked if there be undergrou arking for Lift One. Parker said there is no excess underground p g for other than the Ski Co any and the hotel. Dave Ellis, Timberridge A, said he was part of COWOP II ands orted that outcome. Ellis stated he is encouraged the ci considering a hotel. Ellis sa' ey hope to be able to support it. Ellis said it is important to maxi 'ze the existing park' as much as possible. Mayor Ireland closed the public hearing. Bendon noted the next step is for the ap cant to des' and submit an application which will then be scheduled in front of P&Z public hearings an ommendation to Council. COMMERCIAL D GN CALL UP—602 E. Hyman Avenue C fbimson moved to accept P&Z decision to approve conceptual comm ial design 5=02 E. Hyman Avenue; seconded by Mayor Ireland. All in favor, motion ca 'ed. -� COMMERCIAL DESIGN CALL UP— 534 E. Cooper Avenue Sara Adams, community development department, told Council HPC denied the applicant's request to increase the height to 42' for the proposed third floor. The proposed third floor will be 38'. Staff is recommending Council accept HPC's decision. Mayor Ireland said he was in favor of giving the 42' because the building across the alley will be 42' and he did not see the rationale for restricting them to 38 . Councilmembers Johnson and Torre stated they support the 38'. Councilman Torre moved to accept HPC decision to approve a height of 38' for the proposed third floor addition at 543 E. Cooper; seconded by Councilman Johnson. All in favor with the exception of Mayor Ireland, motion carried. NDTICE FOR CALL UP 420 E. HYMAN AVENUE Chris Bendon, comm ' development department, said significant chan the design were brought to the HPC meeting were not discussed with staff befor d. Bendon noted the applicants stated they wanted an opp nity to discuss mass scale at final HPC which should be done at conceptual and which pu C in ange circumstance. All in favor, motion carried. Mayor Ireland moved to call up . Hyman HPC commercia i n; seconded by Councilman Torre. All i or, motion carried. Mayor Irel oved to go into executive session at 8:40 PM pursuant to C.R.S. 2 - 02(4)(a) The ase, acquisition, lease, transfer, or sale of any real, personal, or other property in 9 PUBLIC NOTICE RE: 534 E COOPER AVE—SUBDIVISION REVIEW NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, July 22, 2013, at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Boogies Building of Aspen, LLC, c/o Leonard Weinglass, 534 E Cooper Ave, Aspen, CO 81611, represented by Vann Associates, LLC. The applicant is requesting a Subdivision Review to create an additional dwelling unit in the Boogies Building located at 534 E Cooper. For further information, contact Jessica Garrow at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429- 2780,jessica.garrow@ccityofaspen.com. s/Steve Skadron,Mayor Aspen City Council Published in the Aspen Times on July 4, 2013 City of Aspen Account "`^ COMMUNITY DEVELOPMENT DEPARTMENT 130 SOUTH GALENA STREET ASPEN,CO 81611 E WELLS RICHARD AARON ASPEN,CO 81 COMMUNITY DEVELOPMENT DEPARTMENT 130 SOUTH GALENA STREET ASPEN,CO 81611 u lily FOREVER HUNTER PLAZA ASSOCIATES LLP 205 S MILL ST#30- ASPEN, CO 81611 COMMUNITY DEVELOPMENT DEPARTMILEN 130 SOUTH GALENA STREET ooe ASPEN,CO 81611 «< Freedbm RETURN FOREVER TOti EtMQfR No Longer at this address GOLDEN PAN ERS LLC G JUPIC-T-10r-1 CC-) E115 COMMUNITY DEVELOPMENT DEPARTMENT 130 SOUTH GALENA STREET ASPEN,CO 81611 justice"'�'"' FOREVER 1J N REICH DANIELS TRUST 20% 6 RINCON ST IRVINE, CA 9270, __ r, COMMUNITY DEVELOPMENT P wi r t; 130 SOUTH GALENA STREET ASPEN,CO 81611 r k, ._r Pt-a1 Equality °""' FOREVER BARBATA LAUD" ^^tnlZDCZnt\I 1/'l 2040 FRANKLIN 4 SAN FRANSISC r% . .. 7' - fa. i' COMMUNITY DEVELOPMENT DEPARTMENT - 130 SOUTH GALENA STREET ` PAT T ..`, ASPEN,CO 81611 FOREVER INDY UNIT 312 LLC PO BOX 11627 ASPEN, CO 81612 d i n ' C3,Gi��•'�wl.�C L 9 l- .?.i t.{.!_L 6F bd(�' 1 1+1':,ti 9's! r" .s ••,., .,«✓^' COMMUNITY DEVELOPMENT DEPARTMENT _ _ aFTy iw..p yN� 130 SOUTH GALENA STREET ASPEN,CO 81611 �Equality FOREVER PEARSON REBECCA J 1610 JOHNSON DR STILL.WATER, MN 5508 eOMMUNITY DEVELOPMENT DEPARTMENT 130 SOUTH GALENA STREET ASPEN,CO 81611 - Al r6ec6fn FOREVER NFUMANN MICHAEL 7381 MOHASNIC DR BLOOMFIELD HILT UK •�. i k r t 4.""..30's s.,.r.5::- roMMUNITY DEVELOPMENT DEPARTMENT 4 r_ 130 SOUTH GALENA STREET 05 jUL ASPEN,CO 81611 _mwµ ....... Free�'ts" i" FOREVER i STUDENT ISAAC& NECHAMA UND 1/2 INT / PO BOX 57 ASPEN, CO 81612 COMMUNITY DEVELOPMENT DEPARTMENT 130 SOUTH GALENA STREET ASPEN,CO 81611 :r -�� -. 201- F V-1 2 T FOREVER STEPHENS ROSS DAVID 1337 B DANIELSON RD SANTA BARBARA, C/ — P� rj N _tT is E 1 VP P A8 AS A D f t --sS°0 :."� _ c na A R 3,C S. 6 1 0 73 i, - 2 a1? '-k— i S z r F— fi COMMUNITY DEV ELOPMENT DEPARTM ErY 130 SOUTH GALENA STREET ASPEN,CO 81611 ... Freedom f FOREVER � V ! CHERAMIE AL, 139 CHERAMIE GOLDEN MEA[ COMMUNITY DEVELOPMENT DEPAR rMENI 130 SOUTH GALENA STREET ASPEN,CO 81611 ..:...Liberty . FOREVER r CHATEAU ASPEN r°nninn nccnr 630 E COOPER AV =� SPEN, CO 81611 Y loll r _ x ! 1 COMMUNITY DEVELOPMENT DEPARI'MEN 130 SOUTH GALENA STREET ~- _ h T ASPEN,CO 81611 - ._.:_ ._._� � .:•��M_ lFreeao"m FOREVER ASPEN GROVE ASS(--- C/O M&W PROPERTI 205 S MILL ST#301A { ASPEN, CO 81611 _ ;w 3, A � COMMUNITY DEVELOPMENT DEPARTMLNI �:, �3ClL 204 i r '., ree one 130 SOUTH GALENA STREET FOREVER c ASPEN,CO 81611 ASPEN SQUARE VEN CURES LLP C/O M&W PROPF 205 S MILL ST STI j T _v_7 ASPEN, CO 8161 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: Aspen, CO SCHEDULED P LIC HEARING DATE: ?0 gV 5 ' , 2013 STATE OF COLORADO ) ss. County of Pitkin ) I, (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 hearing. A copy of the owners and governinental 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. Signature The,foregoing "Affidavit of Notice" was acknowledged before me this day of _, 20/3, by PUBLIC NOTICE WITNESS MY HAND AND OFFICIAL SEAL RE:534 E COOPER AVE-SUBDIVISION REVIEW NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday,July 22,2013,at a meet- r- ing begin 5:00 p. before the Aspen City My commission expires: �![D►t_]�� Council,Council l Chamberer s,City Hall,130 S.Gale- na St.,Aspen,to consider an application submitted by Boogies Building of Aspen,LLC,c/o Leonard �1 represented e by E Cooper Ave,Aspen,CO appli- cant represented by Vann Associates,LLC. The appli- cant is requesting a Subdivision Review to create an additional dwelling u Notary nit in the Boogies Building Not Public located at 534 E Cooper. For further information, contact Jessica Garrow at the City of Aspen Com- munity Development Department,130 S.Galena St., Aspen, CO, (970) 429-2780, jessica.garrow@ccityofaspen.com. &/Steve Skadron,Mayor Aspen City Council Published in the Aspen Times Weekly on July 4, 2013. [9325988] ATTACHMENTS AS APPLICABLE: • COPY OF THE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTIED BY MAIL • APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 � 1 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE ADDRESS OF PROPERTY: l�3Q 4 ,Aspen,CO SCHEDL?LED PUBLIC HEARING DATE: ZZ , 20 ZR STATE OF COLORADO ) ss. County offP�itkin ,�/ ) I, o. Ally j V-1�44V (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 postnrg of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen(15) days prior to the public hearing on the day of 20_, to and including the date and time of,Ahe 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 naives and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, su nunarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summmy, including the method of public notification and a copy of arn,documentation that was presented to the public is attached hereto. (continued on next page) Mineral Estate avuer Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty(30) days prior to the date scheduled for the initial public hearing on the application of development. The naives and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAS or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Re_oning or text ainendinent. 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 reap 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 'or t the public hearing on such amendments. Si tune a• The foregoing"Affidavit of Notice"was acknowledged before me this day of , 20a, by In WITNESS MY HAND AND OFFICIAL SEAL My commission expires_ �tz�(��___ - r Notary Public ATTACHMENTS AS APPLICABLE: • COPY OF THE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE(SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 PUBLIC NOTICE RE: 534 E COOPER AVE—SUBDIVISION REVIEW NOTICE IS HEREBV GIVEN that a public hearing will be held on Monday, July 22, 2013, at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Boogies Building of Aspen, LLC, c/o Leonard Weinglass, 534 E Cooper Ave, Aspen, CO 81611, represented by Vann Associates, LLC. The applicant is requesting a Subdivision Review to create an additional dwelling unit in the Boogies Building located at 534 E Cooper. For further information, contact Jessica Garrow at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429- 2780,jessica.garrow @ccityofaspen.com. s/Steve Skadron,Mayor Aspen City Council Published in the Aspen Times on July 4, 2013 City of Aspen Account Easy Peel®Labels i ♦ Bend along line to [� AVERY 5160® Use Avery®Template 5160® Feed Paper expose Pop-up Edge m 1 J 1 308 HUNTER LLC 4 SKIERS LP 434 EAST COOPER AVENUE LLC 490 WILLIAMS ST 1108 NORFLEET DR CURTIS B SANDERS ESQ DENVER,CO 80218 NASHVILLE,TN 372201412 201 N MILL ST#201 ASPEN,CO 81611 450 SOUTH GALENA ST INVESTORS LLC 514 AH LLC 520 EAST COOPER PTNRS LLC 450 S GALENA ST#202 514 E HYMAN AVE 402 MIDLAND PARK ASPEN,CO 81611 ASPEN,CO 81611 ASPEN,CO 81611 610 EAST HYMAN LLC 633 SPRING II LLC ABRAMSON FAMILY REV TRUST C/O CHARLES CUNNIFFE 418 E COOPER AVE#207 181 SOUTH AVE 610 E HYMAN AVE ASPEN,CO 81611 ALAMO,CA 94507 ASPEN,CO 81611 ADAM P T AGRUSA LISA ANN AJAX MOUNTAIN ASSOCIATES LLC PO BOX 607 4761 W BAY BLVD#1704 520 E DURANT ST#207 ASPEN,CO 81612 ESTERO, FL 33928 ASPEN,CO 81611 ANDERSON ROBERT M&LOUISE E AREP ASPEN SQUARE 406 LLC ASHTON SQUARE LLC 1021 23RD ST PO BOX 1546 9204 EMMOTT RD CHETEK,WI 54728 ASPEN,CO 81612 HOUSTON,TX 77040 ASPEN ART MUSEUM ASPEN CORE VENTURES LLC ASPEN GROVE ASSOCIATES LLP 590 N MILL ST 418 E COOPER AVE#207 C/O M&W PROPERTIES ASPEN,CO 81611 ASPEN,CO 81611 205 S MILL ST#301A ASPEN,CO 81611 ASPEN KOEPPEL LLC ASPEN RETREAT LLC ASPEN SQUARE 410 LP 3551 ST GAUDENS RD 6536 E GAINSBOROUGH 1407 YONGE ST#200 COCONUT GROVE, FL 331336530 SCOTTSDALE,AZ 85251 TORONTO ONTARIO M4T IY7 CANADA, ASPEN SQUARE VENTURES LLP AV STEIN LLC 19.08% /O M&W PROPERTIES AWALL350 LLC C C/ S MILL ST STE TIE 601 E HYMAN AVE 350 BLANCA AVE ASPEN,CO 81611 ASPEN,CO 81611 TAMPA, FL 33606 BAISCH BARBARA D BARBATA ELENA ANDERSON 1/3 BARBATA LAURA ANDERSON 1/3 PO BOX 2127 C/O CHARLES SKIPSEY 2040 FRANKLIN ST#507 LA JOLLA,CA 92038 PO BOX 2045 SAN FRANSISCO, CA 94109 RANCHO SANTE FE,CA 92067 BARGE RENE TRUST BATTLE GERALD LIVING TRUST BECKER ERNEST&KATHLEEN TRUST 408 31ST ST HIXON BURT LIVING TRUST 8090 S DURANGO DR#115 NEWPORT BEACH,CA 92663 PO BOX 2847 LAS VEGAS, NV 89113 NEWPORT BEACH,CA 92659 Eticluettes faciles a peter ; A Repliez a la hachure afin de ; www.avery.com Utilisez le gabarit AVERYO 51604 ; rhnmo an, reveler le rebord Po -u Mc ' ' p p , 1-800-GO-AVERY , Easy Peel'Labels ♦ Bend along line to f AVERY 5160® 1 Use Avery,®Template 5160® 1 Feed Paper �� expose Pop-up EdgeTN 1� BERSCH BLANCHE TRUST BISCHOFF JOHN C BLACK HAWK ASPEN LLC 9642 YOAKUM DR 502 S VIA GOLONDRINA ROECLIFFE COTTAGE JOE MOORES LN BEVERLY HILLS, CA 90210 TUCSON,AZ 85716-5843 WOODHOUSE EAVES LEICESTERSHIRE LE12 8TF ENGLAND, BONCZEK ROBERT R BORGIOTTI CLAUDIO BPOE ASPEN LODGE#224 PO BOX 2896 10509 HUNTING CREST LN 210 S GALENA ST#21 CHAPEL HILL, NC 275152896 VIENNA,VA 22192 ASPEN,CO 81611 BRONSON RICHARD L TRUST 50% CALGI RAYMOND D CARAS STACY TRUST 4510 NE DELAMAR PL 134 TEWKESBURY RD PO BOX 266 LEES SUMMIT, MO 64064 SCARSDALE, NY 10583 PALOS VERDES ESTATES,CA 90274 CAVES KAREN W CHATEAU ASPEN CONDO ASSOC CHATEAU ASPEN UNIT 21-A LLC 1 BARRENGER CT 630 E COOPER AVE 421 ASPEN AIRPORT BUSINESS CTR NEWPORT BEACH,CA 92660 ASPEN,CO 81611 STE G ASPEN, CO 816113551 CHERAMIE ALAN A 1/22 INT CHERAMIE CAPITAL HOLDINGS LLC CHISHOLM REVOCABLE TRUST 139 CHERAMIE LN 21/22 3725 N GRANDVIEW DR GOLDEN MEADOW, LA 70357 143 CHERAMIE LN FLAGSTAFF,AZ 86004-1603 GOLDEN MEADOW, LA 70357 CLIFFORD MRS MARGARET JOAN CMMM INVESTMENTS LLC COASTAL MOUNTAIN INVESTMENTS 146 WILD TIGER RD 4937 HEARST ST#B LLC BOULDER,CO 80302 METAIRIE, LA 70001 2519 N MCMULLEN BOOTH RD#510-307 CLEARWATER, FL 33761 COASTAL MTN PROPERTIES LLC COOPER STREET COMPANY COOPER STREET DEVELOPMENT LLC 2639 MC CORMICK DR 601 E HYMAN AVE C/O PYRAMID PROPERTY ADVISORS CLEARWATER, FL 33759 ASPEN,CO 81611 418 E COOPER AVE#207 ASPEN,CO 81611 CORNELISSEN TOM COX JAMES E LIVING TRUST CRAFT LESTER R JR 4753 N SHORE DR 3284 SURMONT DR PO BOX 127 MOUND, MN 55364-9607 LAFAYETTE,CA 94549 BASALT,CO 81621 DALY CAROL Y REV TRUST DCGB LLC DIBRELL CHARLES G JR&FRANCES 617 E COOPER ATT GIORGIO RIGHETTI CFO 24 ADLER CIR ASPEN, CO 81611 610 WEST 52 ST GALVESTON,TX 77551-5828 NEW YORK,NY 10019 DURANT AH LLC EB BUILDING ASPEN LLC ECCHYMOSIS LLC PO BOX 4068 1601 ELM ST#4000 4802 E 2ND ST#2 ASPEN,CO 81612 DALLAS,TX 75201 LONG BEACH,CA 90803 ttiquettes faciles h peler ; A Repliez A la hachure afin de ; www.averycom Utilisez le abarit AVERYD 51600 Sens de Mc 9 , rh2rnamanf r6veler le rebord Pop-up , 1-800-GO-AVERY , Easy Peel"Labels ♦ Bend along line to � o gVERY® 5160® Use Avery,®Template 51600 Feed Paper �� expose Pop-up Edger"" 1 ELLERON CHEMICALS CORP ERGAS VENESSA BLAIR&CLAUDE ESPOSITO VINCENT A&JANET M 2101 WAUKEGAN RD#210 PO BOX 4316 TRUSTEES BANNOCKBURN, IL 60015 ASPEN,CO 81612 6276 VIA CANADA RANCHO PALOS VERDES,CA 90275 EXELCEDAR INC 20% FEHR EDITH B REVOCABLE TRUST FERRY JAMES H III 534 E HYMAN AVE 543 FOX RUN DR BOX 166 ASPEN,CO 81611 CARBONDALE,CO 81623-8502 GLENCOE, IL 600220166 FITZGERALD FAMILY PARTNERSHIP LTD FLY MARIE N FORD ANN MICHIE C/O PITKIN COUNTY DRY GOODS LLC 7447 PEBBLE POINTE 216 WAPITI WAY 520 E COOPER W BLOOMFIELD, MI 48322 BASALT,CO 81621 ASPEN, CO 81611 FRANZ NORBERT ALEXANDER - - - FURNGULF-LTD GABERMAN RICHARD M TRUSTEE KAISERHOFSTR 15 A COLO JOINT VENTURE 380 UNION ST#300 FRANKFURT 60313 GERMANY, 616 E HYMAN AVE WEST SPRINGFIELD, MA 01089 ASPEN,CO 81611 GALENA COOPER LLC GELD LLC GERARDOT J REVOCABLE TRUST 601 E HYMAN C/O LOWELL MEYER PO BOX 5526 HOPKINTON DR 1247 ASPEN,CO 81611 ASPEN, 12 81612-1247 FORT WAYNE, IN 46804 GILBERT GARY GLUCK SANFORD&CAROLE E ASP GOFEN ETHEL CARO TRUSTEE 1556 ROYAL BLVD TRST 455 CITY FRONT PLAZA GLENDALE,CA 91207 176 E 71ST ST CHICAGO, IL 60611 NEW YORK, NY 10021 GOLDEN PANTHERS LLC GONE WEST LLC GOODING SEAN A 80%&RICHARD L 60 S MARKET ST#1400 401 W CENTER 20% SAN JOSE,CA 95113-2396 SEARCY,AR 721451406 C/O PARAGON RANCH INC 620 E HYMAN AVE#1 E ASPEN,CO 81611 GORDON LEONARD&ELLEN GREENWAY COMPANY INC GREGG LELAND JOHN 12204 GALESVILLE DR 666 TRAVIS ST#100 PO BOX 1935 GAITHERSBURG, MD 20878 SHREVEPORT, LA 71101 SANTA YNEZ,CA 834601935 GUIDOS SWISS INN LLC GUILBEAU CAPITAL HOLDINGS LLC HAMMER DRU RESIDENTIAL TRUST 23655 TWO RIVERS RD 151 CHERAMIE LN 2828 HOOD ST#1602 BASALT,CO 81621 GOLDEN MEADOW, LA 70357 DALLAS,TX 75219 HAROLD GRINSPOON CHILD FAM TRST HEMP SUZANNE LIV TRUST HENDRICKS SIDNEY J 380 UNION ST#300 15470 POMONA RD YOLANDE EVERHARD WEST SPRINGFIELD,MA 01089 BROOKFIELD,WI 53005 6614 LAKE VILLE RD PETALUMA,CA 94954-9256 kicluettes faciles a peter ; 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A Repliez A la hachure afn de ; wv.avery.com ; Utilisez le gabarit AVERY®51600 Sens de 1-800-GO-AVERY �ti�...e..,e.,+ r6v6ler le rebord Pop-up etc www.avery.com Easy Peel®Labels A i ♦ Bend along line to A\/E(ZY� 5160® Use Avery®Template 51600 Feed Paper �� expose Pop-up Edger^" i j MJM HOLDINGS If LLC MOEN DONNE&ELIZABETH FAM TRUST MORRIS ROBERT P 1701 GOLF RD 8 CABALLEROS RD 600 E HOPKINS AVE STE 304 TOWER 3 STE 203 ROLLING HILLS,CA 90274 ASPEN,CO 81611 ROLLING MEADOWS, IL 60008 N S N ASSOCIATES INC NATTERER HELEN NEUMANN MICHAEL 11051 W ADDISON ST 67 BAYPOINT CRIES 7381 MOHASNIC DR FRANKLIN PARK, IL 60131 OTTAWA ONTARIO BLOOMFIELD HILLS,MI 48301 CANADA K2G6R1, NEUMAYER CHARLES&DEBORAH NIELSON COL STEVE&CAROL D NJ STEIN LLC 52.98% 900 BRIDLEGATE LN 501 S FAIRFAX 418 E COOPER AVE#207 NORTHFIELD, IL 60093 ALEXANDRIA,VA 22314 ASPEN,CO 81611 OLITSKY TAMAR&STEPHEN P&L PROPERTIES LLC PEARSON REBECCA J PO BOX 514 101 S 3RD ST#360 1610 JOHNSON DR GWYNEDD VALLEY, PA 19437 GRAND JUNCTION,CO 81501 STILLWATER, MN 55082 PETERSON CHRISPY&JAMES E PITKIN CENTER CONDO OWNERS PITKIN COUNTY BANK 80% 867 HAVEN CREST CT NORTH ASSOC 534 E HYMAN AVE GRAND JUNCTION,CO 81506 517 W NORTH ST ASPEN,CO 81611 ASPEN,CO 81611 PLATNIUM GLOBAL VENTURES LLC PORTE BROOKE R&R INVESTMENTS 344 PROSPECT ST#D 3520 PADDOCK RD 15238 OAK VALLEY RD LA JOLLA,CA 92037 WESTON, FL 33331 RAMONA,CA 92065 RAHLEK LTD AT BANK OF AMERICA RANKMORE KEVIN L&JASMINE RED FLOWER PROP CO PTNSHP 3903 BELLAIRE BLVD PO BOX 168 575 MADISON AVE#1006 HOUSTON,TX 77025 WELLINGTON NSW 2820 AUSTRALIA, NEW YORK, NY 100222511 REICH DANIELS TRUST 20% REICH MELVIN L TRUST 80% REVOLUTION PARTNERS LLC 6 RINCON ST 4609 SEASHORE DR PO BOX 1247 IRVINE,CA 92702 NEWPORT BEACH, CA 92663 ASPEN,CO 81612 RG COOPER ST 4.83% RIEDEL JOYCE L TRUST ROGENESS FAMILY TRUST C/O RONALD GARFIELD PO BOX 3006 3046 COLONY DR 601 E HYMAN AVE EDWARDS,CO 81632-3006 SAN ANTONIO,TX 78230 ASPEN,CO 81611 RONCHETTO LYNN A ROSS BARBARA REVOCABLE TRUST ROSS JOHN F 320 E 42ND ST#101 PO BOX 594 7600 CLAYTON RD NEW YORK, NY 10017 HANALEI, HI 96714 ST LOUIS, MO 63117 kicluettes faciles a peler ; A Repliez a la hachure afin de ; www.avery.com Utilisez le gabarit AVERY®51600 Sens de reveler le rebord Pop-upmc 1-800-GO-AVERY Easy Peel®Labels A r• Bend along line to 11 AIRY®5160® 1 Use Avery®Template 51600 1 Feed Paper ® expose Pop-up EdgeTM ' ROSS ROGER A REVOCABLE TRUST RUBENSTEIN ALAN B&CAROL S RUBY RICHARD L TRUST 4720 WAILAPA RD 57 OLDFIELD DR 30150 TELEGRAPH RD STE 300 KILAUEA, HI 96754 SHERBORN, MA 01770 BINGHAM FARMS, MI 48025 RUTLEDGE REYNIE S&S REALTY PARTNERS LLC SANDIFER C W JR TRUST 50% 51 COUNTRY CLUB CIR 1040 FIFTH AVE#2C 240 LINDEN DR SEARCY,AR 72143 NEW YORK, NY 10028 BOULDER,CO 80304 SCHEUERMAN JOANNE E SCHNITZER KENNETH L&LISA L SCHROEDER FAMILY TRUST 200 LOCUST ST#23A 2100 MCKINNEY AVE#1760 4 GREENWOOD CT PHILADELPHIA, PA 19106 DALLAS,TX 75201 ORINDA,CA 94563 SCHULTZE DANIEL G SEGUIN JEFF W&MADALYN B TRUST SEGUIN MARY E TRUST 404 S GALENA ST#210 617 E COOPER#412 2404 LORING ST#155 ASPEN,CO 81611 ASPEN,CO 81611 SAN DIEGO,CA 92109 SHUMATE MARK SILVER DIP EQUITY VENTURE LLC SJA ASSOCIATES LLC BLDG 421 G ABC 2100 MCKINNEY STE 1760 418 E COOPER AVE#207 ASPEN,CO 81611 DALLAS,TX 75201 ASPEN,CO 81611 SODERLING RONALD E TRUSTEE SOPRIS VENTURES LLC STEIN BUILDING LLC 23.11% 901 DOVE ST STE 270 PO BOX 572 601 E HYMAN AVE NEWPORT BEACH,CA 92660-3038 PAUMA VALLEY,CA 92061 ASPEN,CO 81611 STEPHENS ROSS DAVID STERLING TRUST COMP STUDENT ISAAC&NECHAMA UND 1/2 1337 B DANIELSON RD 2091 MANDEVILLE CYN RD INT SANTA BARBARA,CA 93108 LOS ANGELES,CA 90049 PO BOX 457 ASPEN,CO 81612 SWENERG JAMES&SANDRA L TENNESSEE THREE TENNESSEE THREE RENTALS 2660 ROCK REST RD PO BOX 101444 C/O J H COBLE PITTSBORO, NC 27312 NASHVILLE,TN 37224-1444 5033 OLD HICKORY BLVD NASHVILLE,TN 37218-4020 TERMINELLO DENNIS J&KERRY L TOMKINS FAMILY TRUST TREUER CHRISTIN L 656 RIDGEWAY 520 E COOPER AVE#209 5455 LANDMARKL PL#814 WHITE PLAINS, NY 10605-4323 ASPEN,CO 81611 GREENWOOD VILLAGE,CO 80111 UNCAPHER BILL V M W TRUST OF 1991 VARADY LOTHAR M&CHERYL G PO BOX 2127 301 N LAKE AVE STE 900 5036 MAUNALANI CIR LA JOLLA, CA 92038 PASADENA,CA 91101 HONOLULU, HI 96816 Etiquettes faciles ci peler ; 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AVERY® 51600 1 VALISE FAMILY TRUST VICTORIAN SQUARE LLC WALLEN-OSTERAA REV LIVING TRUST 3020 PLAZA DE MONTE 418 E COOPER AVE#207 36 OCEAN VISTA LAS VEGAS,NV 89102 ASPEN,CO 81611 NEWPORT BEACH,CA 92660 WALLING REBECCA WARNKEN MARK G WAVO PROPERTIES LP 350 BLANCA AVE PO BOX 556 512 1/2 E GRAND AVE#200 TAMPA, FL 33606 STILLWATER, MN 550820556 DES MOINES, IA 50309-1942 WEIDEL LAWRENCE W WEIGAND BROTHERS LLC WELLS RICHARD A&SUSAN T TRUST PO BOX 1007 150 N MARKET 100 N TRYON ST 47TH FLR MONROE,GA 30655 WICHITA, KS 67202 CHARLOTTE, NC 28202 WELLS RICHARD AARON WELSCH SUSAN FLEET TRUST WEST ULLA CHRISTINA 220 W HALLAM ST 10 LITE PLACE 3042 TOLKIEN LN ASPEN, CO 81611 ASPEN, CO 81611 LAKE OSWEGO,OR 97034 WF SWEARINGEN LLC WHITMAN WAYNE&FRAN UND 112 INT WINE RICHARD A TRUST 380 FOREST HILL RD PO BOX 457 2233 MYRTLE POINT WAY MACON,GA 31210 CLEARWATER, FL 33757-0457 HENDERSON, NV 89052-7153 WISE JOSEPH WOLF LAWRENCE G TRUSTEE WOODS FRANK J III 1320 HODGES ST 22750 WOODWARD AVE#204 51027 HWY 6&24 STE 100 RALEIGH, NC 27604-1414 FERNDALE, MI 48220 GLENWOOD SPRINGS,CO 81601 WRIGHT CHRISTOPHER N YERAMIAN CHARLES REV TRUST 13 BRAMLEY RD PO BOX 12347 LONDON W10 6SP UK, ASPEN,CO 81612 ttiquettes faciles a peler ; A Repliez 4 la hachure afin de ; www.avery.com Utilisez le gabarit AVERY@ 5160® ,h?e�.do„* r6veler le rebord Po -upmc ; p 1-800-GO-AVERY ATTACHMENT 6 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE ADDRESS OF PROPERTY: 95 210 15. C R ,Aspen,CO SCHEDULED PUBLIC HEARING DATE: V aL� Z� ,204 3 STATE OF COLORADO ) ) ss. County of Pitkin ) I, KIM M-1L... (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 le t fifteen(15)days prior to the public hearing and was continuously visible from the V5 day of UW , 201?j ,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 hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Aspen Historic Preservation Land Use Application Requirements,Updated:May 29,2007 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 th ing agency during all business hours for fifteen (15) days prior to the public hearing on s me d ents. Sign re The foregoing"Affidavit of Notice' was acknowledged fore me this day of , by 5. WITNESS MY HAND AND OFFICIAL SEAL ERLINDA F1.4. MORE HEAD My commission expires: 11 NOTARY PUBLIC STATE OF COLORADO YI My Commission expires 11/04/2013 Notary Public ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE(SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL Aspen Historic Preservation Land Use Application Requirements,Updated:May 29,2007 41 f kt, -: 11GRUIC NOTICE -A Date: July 22, 2013 y l ' i ' • a , Council Put )ose: • .•• • • • ` i • • • •� Wei�jgja�s, r7 1p' 7 this property. Jican apprqval to CW_te an additional dwellinq unit. Or more n Planning • • i 970 -?780 is P , fir , _ f P i pate: July 2�.. i3 __ Time:_5:oopm PIaCe 130 S Galena, City-Hal{ Council_Chambers_ _ Purpose: Fo ,ity i'�uncil to consideran ___._ __._._ ,,,, �• "mitt�d by_Booges i3uilding_of_As�en,_LLC�c/o Leonard___ W_eiil lass, ds�+ c_Coo er Ave,for__ this property. The_a�licant requests_ Subdivision approval to create an _ __ For more_information contact the Aspen Planning Dept at___ _ TU 970-429-2780 LEGENDARY •.�, is� �, , Vill t !$ t`? PUBUC . om D . 1 Time: a Council • - — • • • - . • • • e• • 500ing of • • Weinglass, 1 this� 1 property. • • • • create an f additional dwelling n g De at MA -- 4 P118��+ Date: July 22, � 13 -------- Place: 130 SGalena, City Hall Council Chambers __._ Purpose: Fo "�ity i'�unci! to consider an _ 3uildin of Aspen, LLC, c/o Leonard_ _ Weinglass, d3� � Cooper Ave, for __ - this property The applicant requests Subdivision app_rov_al to_create_an - .. .- additional dwelling unit. For more information contact the __ Aspen Planning_Dept at __ _____ __ 970-429-2780 NDARY MEMORANDUM TO: Mayor Skadron and Aspen City Council FROM: Jessica Garrow, Long Range Planner THRU: Chris Bendon, Community Development Director RE: 534 E Cooper Ave (Boogies)—Subdivision Review First Reading, Ordinance No. , Series of 2013 Second Reading is scheduled for July 22, 2013 MEETING DATE: July 8, 2013 APPLICANT/OWNER: Boogie's Building of Aspen, LLC c/o Leonard Weinglass REPRESENTATIVE: Sunny Vann, Vann Associates, LLC LOCATION: 534 E Cooper Ave(Boogies Buildings) a l CURRENT ZONING: ;. CC (Commercial Core) ' r SUMMARY: ' The Applicant requests subdivision review for the remodel and expansion of the Boogies Building. STAFF RECOMMENDATION: Staff recommends approval of the request. P&Z RECOMMENDATION: P&Z unanimously recommended approval of the request. Photo: Boogies location and picture of Building viewed from Cooper Ave. Page 1 of 4 534 E Cooper Ave(Boogies)—Subdivision Review—Council Memo REQUEST OF CITY COUNCIL: The Applicant is requesting the following land use approvals to remodel and expand the existing building: • Subdivision approval (Chapter 26.480, Subdivision) for the creation of multiple residential units in a mixed-use building. (City Council is the final review authority after considering a recommendation from the Planning and Zoning Commission) BACKGROUND AND PROJECT SUMMARY: The applicant proposes to remodel and expand an existing two story building and add a recessed third floor at 534 E Cooper Ave. The lot is 6,269 square feet and is located approximately at the north-west corner of Cooper Ave and Hunter St. The original application for this redevelopment was made in March of 2012, and is subject to the Lan allowed place 38tfeet toi42 feehich permitted new free-market residential units an d an overa Existing Conditions and History: The Boogies building is located in the Commercial Core(CC) zone district at 534 E Cooper Ave. It was built in 1987 using reconstruction credits from the demolition of the "Shaft Restaurant." At the time, the building was reconstructed so it did not contain any additional commercial square footage than had previously been reconstruction. The unit was not required tobsatisfy any was voluntarily added as part of the mitigation requirements. The building included approximately 10,865 square feet of commercial space in the basement, first and second floors, and one (1) voluntary affordable housing unit on the second floor. In 1995, the owner requested approval to expand the second floor restaurant by 249 square feet through the conversion of one of the affordable housing unit's bedrooms into commercial space. This change in use request was granted, and a cash-in-lieu payment was made to mitigate the expanded restaurant. The affordable housing nit was st still considered was recorded.voluntary unit, and an updated deed restriction for the reconfigu red one At some point following the 1995 approval, the restaurant began enclosing a portion of the second floor outdoor deck with a tent. In 2003, the City informed the owner that the enclosure required a temporary use approval, which was granted. The enclosure has essentially remained up since the approval, even though the approval was only for one season. This application proposes to bring the area into compliance by expanding the restaurant and removing the "temporary" enclosed space. Proposed Development: anding the existing commercial space by 292 square feet of net The applicant proposes exp leasable area, adding a new free-market residential unit of 2,307 square feet of net livable area to a new third floor, and expanding the affordable housing unit to 705 square feet of net livable area in order to use it as the required affordable housing mitigation for the project expansion. The unit was not originally provided as mitigation, so the applicant requests using as mitigation for this project. The Planning and Zoning Commission el April 16 , 2013. vhey commercial and the free-market residential growth management requests on existing deed restricted unit as mitigation for the increased space. Page 2 of 4 534 E Cooper Ave (Boogies)—Subdivision Review—Council Memo The applicant proposes using a TDR to expand the free-market unit beyond 2,000 sq ft. net livable allowed by zoning. The expanded net leasable space generates 0.292 parking spaces, which the applicant will mitigate for through a cash-in-lieu payment. This is allowed by right in the land use code. No parking is required for the residential units. The project received Conceptual HPC and Conceptual Commercial Design Approval from the Historic Preservation Commission on July 11, 2012, which limited the building to thirty-eight (38) feet in height, and approved on-site Public Amenity space of 8% and 2% off-site, recommending a cash-in-lieu payment be used to satisfy that portion of the requirement. The Conceptual Reviews were called up by City Council, which affirmed HPC's decision. STAFF COMMENTS: SUBDIVISION REVIEW A subdivision review is required for this mixed-use building because multiple dwelling units are proposed. The applicant proposes to develop a new free market residential unit, additional commercial net leasable space and proposes to mitigate by expanding an existing deed restricted unit and updating its deed restriction. The subdivision is similar to the other subdivisions seen throughout the downtown area. In reviewing the Subdivision portion of the application, staff believes the proposal meets all applicable review requirements. The project is currently served by utilities, and the expansion can be accommodated through an upgrade to the existing utility box. In addition, the applicant will meet all applicable engineering requirements, including all drainage requirements. The existing trash/recycling area can accommodate the expansion. REFERRAL AGENCY COMMENTS: The City Engineer, Fire Marshal, Water Department, Aspen Sanitation District, Building Department, Parks Department, and APCHA have all reviewed the proposed application and their requirements have been included as conditions of approval when appropriate. A copy of the Referral Agency comments is attached as Exhibit C. PLANNING&ZONING COMMISSION COMMENTS: The Planning and Zoning Commission voted seven to zero (7-0) in favor of the request. A copy of the minutes from their April 16th meeting is attached as Exhibit D. RECOMMENDATION: Staff recommends approval of the project, with the following conditions: 1. The project is subject to all conditions included in HPC Resolution 16, Series of 2012. 2. The Final HPC and Commercial Design Reviews shall address where any rooftop mechanical equipment is located. 3. All areas labeled "roof' and"exterior roof garden"may not be used as deck space. 4. The provision of any required Public Amenity space through a cash-in-lieu payment, as originally recommended by HPC, is approved. 5. Removal of the existing second floor deck enclosure shall be a condition of receiving a building permit. Page 3 of 4 534 E Cooper Ave (Boogies)—Subdivision Review—Council Memo PROPOSED MOTION: "I move to approve Ordinance # , Series 2013, approving a Subdivision Review for the project located at 534 E Cooper Ave, on First Reading." Attachments: Exhibit A— Subdivision Review Criteria, Staff Findings Exhibit B— DRC Comments Exhibit C—Public Comment Exhibit D—April 16, 2013 P&Z minutes Exhibit E—Revised FAR and Net Livable/Leasable drawings, dated June 24, 2013 Exhibit F—Application (previously provided to City Council) Page 4 of 4 534 E Cooper Ave (Boogies)—Subdivision Review—Council Memo Ordinance No._, (SERIES OF 2013) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING SUBDIVISION, FOR THE DEVELOPMENT OF ONE (1) FREE-MARKET RESIDENTIAL UNIT, ONE (1) AFFORDABLE HOUSING UNIT, AND 292 SQ FT OF NEW COMMERCIAL SPACE FOR THE PROPERTY LOCATED AT 534 E COOPER AVE (BOOGIES BUILDING) CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2 73 7-182-24-008 WHEREAS, the Community Development Department received an application from Boogie's Building of Aspen, LLC, represented by Sunny Vann of Vann Associates, LLC requesting approval of Free-Market Residential, Affordable Housing, and Commercial Growth Management Allotments, and Subdivision, to remodel and expand the existing building to include one (1) free-market residential unit, one (1) affordable housing unit, and 292 sq ft of new commercial space; and, WHEREAS, the Applicant requests approval by the Planning and Zoning Commission Free-Market Residential, Affordable Housing, and Commercial Growth Management Allotments; and, WHEREAS, the Applicant requests a recommendation by the Planning and Zoning Commission to the City Council for Subdivision approval; and, WHEREAS, the property is zoned Commercial Core (CC); and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended approval of the application; and, WHEREAS, during a duly noticed public hearing on April 16, 2014, the Planning and Zoning Commission approved Resolution No. 10, Series of 2013, by a seven to zero (7 — 0) vote, approving one (1) Free-Market Residential Growth Management Allotments, one (1) Affordable Housing Growth Management Allotment, and 292 sq ft Commercial Growth Management Allotments, and recommending the Aspen City Council approve aSubdivision; and, WHEREAS, on July 8, 2013 the Aspen City Council approved Ordinance No. Series 2013, on First Reading by a to vote, approving with conditions a subdivision of the Property; and, WHEREAS, during a public hearing on July 22, 2013, the Aspen City Council approved Ordinance No. _, Series 2013, by a to vote, approving with conditions a subdivision of the Property; and, Ordinance No_, Series 2013 Page 1 of 6 WHEREAS, the Aspen City Council 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 Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS,the City Council 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 City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council approves a Subdivision review allowing for the development of one (1) free-market residential unit, one (1) affordable housing unit, and 292 sq ft of commercial net leasable space at 534 E Cooper Ave, commonly known as the Boogies Building. Section 2: Plat and Agreement The Applicant shall record a subdivision agreement and subdivision plat that meets the requirements of Land Use Code Chapter 26.480, Subdivision, within 180 days of Final HPC and Final Commercial Design approval. Once construction is nearly complete but prior to an issuance of Certificate of Occupancy, the developer shall file a condominium plat and associated documents for review and approval by the City Engineer and Community Development Director as outlined in Land Use Code Section 26.480.090, Condominiumization. Section 3: Dimensions & Zoning Requirements All dimensions shall meet the requirements of the Land Use Code in effect on March 30, 2012 (date of initial application). The free-market residential unit is approved at 2,307 square feet of net livable area, through the landing of a Historic Transferable Development Right (TDR). The approved floor plans are attached as Exhibit A. Minor changes from these are permitted at building permit. Areas labeled as "roof' or "rooftop garden" are not permitted for use as a deck. The chimney shown in the approved plans is not approved. Ordinance No_, Series 2013 Page 2 of 6 The project is subject to all conditions included in HPC Resolution 16, Series of 2012. The 2% required off-site Public Amenity space may be satisfied through actual improvements approved by the Parks, Engineering, and Community Development Departments, or through a cash-in-lieu payment of$9,403.50, as originally recommended by HPC in Resolution 16, Series of 2012. The Final HPC and Commercial Design Reviews shall address where any rooftop mechanical equipment is located. Section 4: Temporary Enclosure Removal Removal of the existing second floor deck enclosure shall be a condition of building permit issuance. A building permit shall not be issued until the enclosure is removed, as verified by the Zoning Officer. Section 5: Parking The applicant shall pay a cash-in-lieu fee for the 0.292 parking spaces generated by the development. Section 6: Engineering The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the Engineering Department. The Applicant shall be subject to the Urban Runoff Management Plan Requirements. A compliant drainage plan must be submitted with a building permit application. This includes detaining and providing water quality for the entire site. If the site chooses fee- in-lieu of detention (FIL), it can only be applied to existing impervious areas all new areas will need to discharge at historic rates. Any detention requirements covered under the FIL option must discharge directly to the City's stormwater infrastructure. As of March 13, 2013, the sidewalk was in acceptable condition and did not require replacement. The curb and gutter was damaged and should be replaced. Should the sidewalk, curb or gutter be damaged as a result of construction activities, it will be the property owner's responsibility to repair the damage as described in Title 21. Due to the proximity of the neighboring property, the City will require an excavation stabilization plan prior for any excavation. The plan should be submitted with the building permit submittal. The Construction Management Plan shall describe mitigation for: parking, staging/encroachments, and truck traffic. Section 7: Affordable Housing The one (1) on-site, one-bedroom affordable housing unit shall be deed restricted to Category 3. The Certificate of Occupancy (CO) for the unit shall be issued prior to or at the same time as the proposed free-market unit. The affordable housing units shall be compliant with the Aspen/Pitkin County Housing Guidelines. Ordinance No_, Series 2013 Page 3 of 6 Owner and APCHA stipulate and agree that, in accordance with C.R.S. 38-12-301(1)(a) and (b), this Deed Restriction constitutes a voluntary agreement and deed restriction to limit rent on the property subject hereto and to otherwise provide affordable housing stock. Owner waives any right it may have to claim that this Deed Restriction violates C.R.S. 38-12-301. More detailed information regarding the management and maintenance of the unit shall be provided to APCHA with the proposed deed restriction prior to CO. The owner shall have the right to rent the unit to tenants qualified under the APPCHA Guidelines. If the owner cannot provide a qualified tenant, the unit shall be rented through APCHA's normal advertising process. At no time shall the tenancy of the unit during a lease period be tied to continued employment by the owner. Tenant leases, however, may be terminated for cause or at the end of the lease period upon termination of employment. The tenant in the rental unit shall be required to be requalified by APCHA on a yearly basis. If the owner elects to sell the unit, or they are required to be sold due to noncompliance, owner shall condominiumize the unit and form a condominium association for the management and maintenance thereof. The affordable housing association shall be separate from the free-market residential unit's and commercial unit's association(s). In the event the rental unit is required to become ownership unit due to noncompliance, APCHA or the City may elect to purchase them for rental to qualified tenants in accordance with APCHA Guidelines. Section 8: Fire Mitigation All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Section 9: Utilities Due to a low roof (non-conforming with standards) above the existing transformer and non-conformance to Electrical codes, the existing transformer cannot be upsized in place. Most likely the transformers at Aspen Core/ Little Annies will not be able to be used by this developer as capacity is being reserved for those developments. Due to these constraints, a new transformer location may be the best option. The applicant shall work with the Utilities Department prior to submittal of building permit to determine a location for a new transformer that acceptable to the Utilities Department. Section 10: Sanitation District Requirements Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. Because a restaurant currently exists and is anticipated to remain, Oil and Grease interceptors (NOT traps) are required Ordinance No_, Series 2013 Page 4 of 6 for all food processing establishment. Locations of food processing shall be identified prior to building permit. Section 11: Parks Landscaping in the public right of way will be subject to landscaping in the ROW requirements, Chapter 21.20. There shall be no plantings within the City ROW which are not approved by the City Parks Department and the Engineering Department. If a tree(s) is requested for removal, the applicant will be required to receive an approved tree removal permit per City Code 13.20, this includes impacts under the drip line of the tree. Parks is requiring that the tree permit be approved prior to approval of the demo and/or building permits. Parks will approve a final landscape plan during the review of the tree removal permit based on the landscape estimates. A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site and their represented drip lines. A formal plan indicating the location of the tree protection will be required for the building permit set. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site. This fence must be inspected by the city forester or his/her designee before any construction activities are to commence. Section 12: 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 or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 13: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 14: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Ordinance No , Series 2013 Page 5 of 6 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the day of , 2013. Steve Skadron, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY,adopted, passed and approved this day of , 2013. Steve Skadron, Mayor ATTEST: APPROVED AS TO FORM: Kathryn S. Koch, City Clerk James R. True, City Attorney Ordinance No , Series 2013 Page 6 of 6 Exhibit A— Staff Findings, Subdivision 26.480.050. Review standards. A development application for subdivision review shall comply with the following standards and requirements: A. General requirements. 1. The proposed subdivision shall be compatible with the mix of development in the immediate vicinity of the parcel in terms of density, height, bulk, architecture, landscaping and open space, as well as with any applicable adopted regulatory master plan. Staff Findings: There are no applicable adopted Master Plans for this property. This is a mixed-use building that includes residential and commercial uses, which conforms with and is compatible with the uses in the immediate block and the zone district in general. In addition, the approved Conceptual Commercial Design is consistent with the heights, bulk, open space, and architecture in the area. The applicant is providing on-site open space (public amenity space) and is required to pay an additional cash-in-lieu fee for space that is being removed to accommodate accessibility improvements, which was approved as part of their Conceptual Commercial Design Review. Staff finds this criterion is met. 2. The proposed subdivision shall be consistent with the character of existing land uses in the area. Staff Findings: The development meets all of the dimensional and use requirements of the Commercial Core (CC) zone district and the area. Staff finds this criterion is met. 3. The proposed subdivision shall not adversely affect the future development of surrounding areas. Staff Findings: The development does not adversely affect future development in the area. It complies with zoning and is consistent with the other subdivisions in the area. Staff finds this criterion is met. 4. The proposed subdivision shall be in compliance with all applicable requirements of this Title. Staff Findings: The proposed subdivision complies with all applicable requirements of the Land Use Code. Staff finds this criterion is met. B. Suitability of land for subdivision. 1. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety or welfare of the residents in the proposed subdivision. Exhibit A—Staff Findings, Subdivision Page 1 of 3 2. Spatial pattern efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. Staff Findings: The proposed subdivision is located on a parcel suitable for the subdivision. There are no known hazards and no steep topography. In addition, the proposed subdivision is in a single mixed-use building so the spatial pattern is efficient. Existing services will be used, and any costs associated with upgrades to service, including to utility service will be borne by the applicant. Staff finds this criterion is met. C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the following conditions have been met: 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with an applicable adopted regulatory plan, Title 28, the municipal code, the existing, neighboring development areas and/or the goals of the community. 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. Staff Findings: The proposed development meets the requirements of 26.580. The Engineering Department has reviewed the proposal and conditions have been added to the Resolution to ensure all Engineering requirements are met. Staff finds this criterion is met. D. Affordable housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Section 26.470.070.5, Demolition or redevelopment of multi-family housing. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. Staff Findings: The proposed development meets the requirements of 26.470. Staff finds this criterion is met. E. School land dedication. Compliance with the School land dedication standards set forth at Chapter 26.620. Staff Findings: The applicant will comply with all required school land dedication requirements. A cash-in-lieu payment will be made as part of the building permit. Staff finds this criterion is met. F. Growth management approval. Subdivision approval may only be granted to applications for which all growth management development allotments have been granted or growth management exemptions have been obtained, pursuant to Chapter 26.470. Subdivision approval may be granted to create a parcel(s) zoned Affordable Housing Planned Unit Development (AH-PUD) without first obtaining growth management Exhibit A—Staff Findings, Subdivision Page 2 of 3 approvals if the newly created parcel(s) is required to obtain such growth management approvals prior to development through a legal instrument acceptable to the City Attorney. Staff Findings: The proposed development meets the requirements of the Growth Management Quota System, Chapter 26470. If the growth management requests are granted by the Planning and Zoning Commission, this criterion will be met. . Exhibit A—Staff Findings, Subdivision Page 3 of 3 Exhibit B - Boogies DRC Comments Building • This addition may cause the building to be reclassified from VB to V A. This will require the addition of fire rated structure and assemblies. • The addition at the commercial level will trigger the toilet rooms to meet ICC/ANSI for accessibility. • The plans do not show but the elevation does show a door to the street from the ADU and Free market unit. This door is required to the street fagade and will not be permitted to swing into the ROW. Utilities • The applicant should do load calculations now and meet with the department to review in order to better prepare for the building permit • Due to a low roof (non-conforming with standards) above the existing transformer and Non-conformance to Electrical codes the existing transformer cannot be upsized in place. Most likely the transformers at Aspen Core/ Little Annies will not be able to be used by this developer as capacity is being reserved for those developments. Due to these constraints, a new transformer location may be the best option. Fire • All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Environmental Health • No Comments. Trash/Recycling area meets requirements. Parking • No Comments Zoning • The calculation for existing floor area is not accurate. sheet E-102 the stair at South East corner should not be included. • Storage in Basement: sheet A-101 Proposed floor area calculations, and sheet A-106 Net leasable: indicate for whom the storage is proposed, for example commercial or residential. • Proposed "exterior roof garden"not calculated as deck exemption. No access to the area is permitted. • Roof mechanical sheet A-105; no information provided. • Page 17 gives details on proposed square footage but not proposed floor area. Is the deck exemption for the free market unit really 470 pursuant sheet A-103? The deck exemption is based on allowable floor area per use, not including the bonus of the TDR. • Proposed elevations have the chimney which was not approved by HPC. See exhibit 2, HPC Resolution No. 16 (Series of 2012). Exhibit B—Boogies DRC Comments Page 1 of 4 • Elevations (sheet A-112) and floor plan (sheet A109) indicate a door at the North elevation of the third floor free market unit. The roof at the third level has not been counted toward `deck exemption'. And the brick parapet shields the use. Is it intended for mechanical? Parks • Landscaping and Sidewalk Landscaped area: Landscaping in the public right of way will be subject to landscaping in the ROW requirements, Chapter 21.20. There shall be no plantings within the City ROW which are not approved by the City Parks Department and the Engineering Department. • Tree Permit: If a tree(s) is requested for removal, the applicant will be required to receive an approved tree removal permit per City Code 13.20, this includes impacts under the drip line of the tree. Parks is requiring that the tree permit be approved prior to approval of the demo and/or building permits. If a permit is necessary, contact the City Forester at 920-5120. Mitigation for removals will be paid cash in lieu or on site per City Code 13.20. Parks will approve a final landscape plan during the review of the tree removal permit based on the landscape estimates. • Tree Protection: A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site and their represented drip lines. A formal plan indicating the location of the tree protection will be required for the bldg permit set. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site. This fence must be inspected by the city forester or his/her designee (920-5120) before any construction activities are to commence. As referenced in Chapter 13.20 Engineering • These comments are not intended to be exclusive, but an initial response to the project packet submitted for purpose of the DRC meeting. • Drainage: • General note: The design for the site must meet the Urban Runoff Management Plan Requirements. Staff was not able to determine whether or not the site will meet these requirements. A full review will be completed when there is enough information to review. • A compliant drainage plan must be submitted with a building permit application. This includes detaining and providing water quality for the entire site. If the site chooses fee-in-lieu of detention (FIL), it can only be applied to existing impervious areas all new areas will need to discharge at historic rates. Any detention requirements covered under the FIL option must discharge directly to the City's stormwater infrastructure. • Staff was unable to determine whether or not the site is able to meet all the Drainage Principals: 1. Consider stormwater quality needs early in the design process. 2. Use the entire site when planning for stormwater quality treatment. 3. Avoid unnecessary impervious area. 4. Reduce runoff rates and volumes to more closely match natural conditions. 5. Integrate stormwater quality management and flood control. Exhibit B—Boogies DRC Comments Page 2 of 4 6. Develop stormwater quality facilities that enhance the site, the community, and the environment. 7. Use a treatment train approach. 8. Design sustainable facilities that can be safely maintained. 9. Design and maintain facilities with public safety in mind. • Sidewalk and Curb and Gutter: • General note: All sidewalk, curb and gutter must meet the Engineering Standards as outlined in Title 21. • As of March 13, 2013, the sidewalk was in acceptable condition and did not require replacement. The curb and gutter was damaged and should be replaced. Should the sidewalk, curb or gutter be damaged as a result of construction activities, it will be the property owner's responsibility to repair the damage as described in Title 21. • Construction Management—Engineering is concerned about the Construction Impacts of this site. The plan shall describe mitigation for: parking, staging/encroachments, and truck traffic. Note that the current code does not allow for any encroachments during the on-seasons (November 1 —April 15 and June 1 —Labor Day). • Excavation Stabilization—Due to the proximity of the neighboring property, the City will require an excavation stabilization plan prior for any excavation. The plan should be submitted with the building permit submittal. • Fee in Lieu —This project is considered a Major project and can opt to pay the Fee in Lieu for a portion of the detention requirements. Please refer to Section 2.12.140 of the Municipal Code. APCHA • The APCHA Board reviewed the application at their regular meeting held April 3, 2013 and finds the proposal consistent with the provisions of the current code regarding the use of the existing one-bedroom unit for mitigation of the proposed commercial and residential expansion. If using the on-site unit for mitigation is approved, the development would be allotted one point to the overall GMQS score. Sanitation • Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. • ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. • On-site utility plans require approval by ACSD. • Oil and Grease interceptors (NOT traps) are required for all food processing establishment. Locations of food processing shall be identified prior to building permit. Even though the commercial space is tenet finish, interceptors will be required at this time if food processing establishments are anticipated for this project. ACSD will not approve service to food processing establishments retrofitted for this use by small under counter TRAPS at a later date. • Oil and Sand separators are required for parking garages and vehicle maintenance establishments. Exhibit B—Boogies DRC Comments Page 3 of 4 • Driveway entrance drains must drain to drywells. • Elevator shaft drains must flow thru o/s interceptor • Old service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements. • Below grade development may require installation of a pumping system. • One tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single service line. • Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. • All ACSD fees must be paid prior to the issuance of a building permit. Peg in our office can develop an estimate for this project once detailed plans have been made available to the district. • Where additional development would produce flows that would exceed the planned reserve capacity of the existing system (collection system and or treatment system) an additional proportionate fee will be assessed to eliminate the downstream collection system or treatment capacity constraint. Additional proportionate fees would be collected over time from all development in the area of concern in order to fund the improvements needed. • Glycol heating and snow melt systems must be designed to prohibit and discharge of glycol to any portion of the public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. • Soil Nails are not allowed in the public ROW above ASCD main sewer lines and within 3 feet vertically below an ACSD main sewer line. • We can comment on this application in greater detail once detailed plans have been submitted to the District. Exhibit B—Boogies DRC Comments Page 4 of 4 Exhibt C � I Jessica Garrow From: Duffy Hurwin <duffyhu rwin@g mail.com> Sent: Thursday, April 04, 2013 1:35 PM To: jessica.garrow @ci,aspen.co.us Cc: Warren Kiug;chunke @vogellaw.com Subject: Boogies Building proposed expansion To: Aspen Planning and Zoning Commission From: Ron and Duffy Hurwin We own a condominium#319 at Aspen Square 617 E. Cooper Ave. Our condo is on the 3rd floor of the Aspen Square Building exactly caddy corner to Boogies. The height increase will directly negatively impact our view of Red Mountain and beyond and we believe the height increase will also negatively impact our property value as well as values of other units in our building, For this reason we are very opposed to this project. We do not have a problem with the Boogies building as it is nor are we opposed to them tenting in the roof area during inclement weather. But we are very opposed to adding a story or more and the roof that would raise the height of the building by at least another 10-12 feet. As:is, we have seen the view obstruction created by the new art museum and how this has blocked the view for all,the north facing Aspen Square units. We don't know how a project of this height was passed in the downtown area of lower height buildings and do not wish to see any more view obstructions. �i These taller buildings are not characteristic of historic Aspen architecture and are a dangerous trend and blight. Sincerely, Duffy and Ron Hurwin O i Exhibit D Regular City Planning & Zoning Meeting— Minutes April 16, 2013 LJ Erspamer opened the public hearing on 534 East Cooper (Boogie's) Growth Management Review. LJ asked for legal notice. Debbie Quinn said that it was provided are approved as provided. Jessica Garrow said this is a public hearing for an application submitted by Boogie's Building of Aspen LLC for an expansion and remodel of the Boogie's Building which is at 534 East Cooper. The applicant is represented by Sunny Vann and Kim Weil of Poss Associates. The applicant is requesting 4 land use reviews to remodel this building; it is located within the Commercial Core and it previously received conceptual HPC and commercial design reviews. It was approved by HPC and went through the call-up process with City Council. Jessica said that City Council affirmed the decision through that call-up process. Jessica said the 4 reviews before you are 3 Growth Management reviews; 1 for the expansion of net leasable space, 2 is for a new free-market residential unit, 3 is affordable housing; P&Z is the final authority on all 3. The 4`" review is a subdivision review and P&Z is the recommending body to Council. Jessica said the existing building is 2 stories and includes 10,379 square feet of net leasable space and 1 affordable housing unit that has 654 square feet of net livable space. Jessica noted a key part of this application is this unit was never acquired as affordable housing mitigation but rather a voluntary unit that the owner of the property wanted to provide so the existing deed restriction allows this unit to go away; so part of their proposal is to modernize the deed restriction and use that as mitigation for the proposal today. The proposal would expand the net leasable space by 292 square feet for a total of 10,671 square feet of net leasable space in the building. The expansion is on an existing 2nd floor deck; the applicant proposes to enlarge the affordable housing unit to 705 square feet of net livable area and update that mitigation and use it for this project. Jessica said that the applicant to proposing to add a 3`d story with a free-market residential unit just over 2300 square feet of net livable space. This was applied for in March of last year so it vested under a different code; that code allows 3 story buildings and new free- market residential units. Jessica said in terms of Growth Management the land use requires that affordable housing mitigation be provided for the largest requirement when it is provided on site; based on the expansion of the commercial space that generates .54 FTEs and the free-market unit would generate 1.73 FTEs based on the mitigation rates that are in the land use code. Jessica said that the planning staff and APCHA recommend that the affordable housing unit be accepted as mitigation for this project; it ensures that the existing unit remains within the rental pool in perpetuity. 3 Regular City Planning & Zoning Meeting—Minutes April 16, 2013 If P&Z decides not to accept this unit as mitigation the applicant proposes to use affordable housing certificates. Jessica said in terms of Subdivision it is required because there are multiple residential units being proposed on the site and the mix in the vicinity as well as the commercial core. Staff is recommending approval of Subdivision and the Growth Management Reviews. Jasmine asked about the employee generation on site and how many will it house. Jessica replied 1.75 and the requirement is 1.73 so the size of the unit is slightly larger than what is required. Ryan asked if the affordable unit on site wasn't already on site would it be required to be deed restricted. Jessica replied it was just provided at the option of the owner as part of a redevelopment years ago. LJ asked what category was the employee unit and if they can't rent it will APCHA rent it. Jessica replied it was a category 3 and yes APCHA will rent it if they can't find a renter. Stan asked why on page 4 there were all the dimensional recommendations and we didn't have purview over it. Jessica said that until we get a subdivision review so this is a note that says the plans have been approved but we are not granting anything additional. Debbie said that she liked having them in because we recently had to make the final design was different from conceptual in certain respects and had been presented at least to Council if not P&Z in the amended form and nobody caught it and there wasn't any language such as this that says it was consistent. Debbie said there is always that possibility that someone will say oh but Council already looked at this and Debbie would rather have language like this. Stan said that should go back to HPC and it will go back to HPC for final and make sure it was in the resolution. Bert asked if the occupancy issue with the MotherLode has been resolved. Jessica replied that yes the resolution is written so the CO and the deed restriction for the affordable housing unit have to be in place before you can get a CO for the free- market component. LJ said reading page 7 under Section 2 Dimensions; the free-market residential unit is approved at 2,307 square feet. LJ asked how much is a Historic TDR; he said that he thought that it was 250. Jessica replied when they are landed they are 4 Regular City Planning & ZoninLY Meeting—Minutes April 16, 2013 500 square feet so the and the size cap under this code is 2,000 but you don't get to sever a TDR so that it is partial. LJ asked-about the chimney. -Jessica stated the chimney was not approved from HPC conceptual design. Sunny Vann said the commercial expansion was to mainly remove the tented structure that covers portions of the outdoor deck so that is being cleaned up and will be part of the building. No public comments. Jim supported the project and thought it was a good improvement to the character of the downtown. Jasmine stated this application clearly follows the requirements of the code. MOTION: Jim DeFrancia moved to approve Resolution 10 series 2013 approving Growth Management Reviews and recommend Council approve a Subdivision Development of one Free-Market Residential Unit, one Affordable Housing Unit and 292 square feet of new Commercial Space for 534 East Cooper; Ryan Walterscheid seconded. Roll call vote: Stan Gibbs, yes; Keith Goode, yes; Bert Myrin, yes; Jasmine Tygre, yes; Jim DeFrancia, yes; LJErspamer, yes. APPROVED 7-0. blic Hearing: 204 th Galena former GAP Growth Management & Subdivision LJ Erspa opened the public hearing for 204 South Galena, the former ap, and Growth Mana ent Review. LJ asked if there was proof of legal ice. Debbie Quinn reviewed bo notices. Justin Barker introduced hi If as a planner for the ' y of Aspen. Justin said this is a 9,030 foot lot and is loc d in the Com rcial Core District with a Historic District overlay; the project eive anal commercial design review from HPC in December and went back to February for an amendment to the final review. The request before today th plicant is seeking Growth Management Allotments for 0 square feet of ne net leasable commercial for the second level and 45 square feet for future net leas le commercial space. Justin said for the r irement for this area for every 1000 s re feet of net leasable space r the ground level would be 4.1 employees; for basement and the seco oor spaces is reduced by 25% would be 3.05 employees every 100 quare feet. Out of those FTEs they are required to mitigate for 60°o those 3.14 for the second level and 8.3 for the basement so the total is 11.44 FTEs. 5 pj poss PPCHITECTIIRE t PLANNING ' l � � COMMERCIAL tw,Y v' I T I COMMERCIAL COMMERCIAL RECEIVED JUN 2 4 2013 ! MECHANICAL ROOM CITY OF ASPEN COMMERCIAL 0ah,.4lINITY DEVELOPMENT COMMERCIAL 534 EAST COOPER 0 a g n 8 PROPOSED BASEMENT LEVEL Imr,wvxmmllu+m.lo<cmnuwnaox.wu III.=ni.nn,wu,vluorclwrwwuursrnl.uwrtmvuultai.n++o Itl...r POSED BASEMENT LEVEL n�llo m.lial.rm.�, Iry I�,oi.,' A-101 e� poss ARCHITECTURE+PLUdIIN EE w dnx,n ----------- ax, ° z o O O -, � I RETAIL j V — � xaxousr Q � ,.�� 0 RECEIVED 2 O O O JUN 2 4 2013 I � ETY OF ASPEN C010AINITY DEVELOPMENT ' rl O I � 534 EAST COOPER M1.ITI w - --- - - - q 5 3 I 9 § �,s„a-rom na nun,+.wwx,,.a 'i uw rs, m i.nn rxo. I wru xan xwn wn swn wu rorp rn wunwec+ipk<oxutxwnoat uurwtm.uu wuur x[soxnwnmxuu rs+s,r.wnaoxuu,rsv.uun PROPOSED GROU V OLEVEL m x�xn:anw�.,rr,nw<rxn�: ��� PRO POSED GROUND LEVEL A-102 poss AR CHI TECTO RE+PI u11NI^16 i _—— — ————— OUTDOOR / i p O — PROPOSED ' RESIDENTIAL COMMERCIAL { i o RECEIVED EXISTING / JJN 2 1 ?013 o � CITY OF ASPEN COMMERCIAL COMMUNITY OEVELOPMEW �� �atwfl I i O _— a 534 EAST COOPER �., a .oao«aa�axE ,t„ �a, PRO—ED MEZZANINE LEVEL ,oix,a xoxiwi wa,mntax[n[wrtoonwu ii,nu.act wv¢ix[Mw[�iunaa.eu Otsv.wunoonxrcnpni.i�.w (D,u...".) PROPOSED MEZZANINE LEVEL - - � A-103 �F poss pRGHIiECiURf t FtfPIfIING tl,.I MAPRET RESIDENTIAL .NIT RECEIVED I UN 2 4 2013 Cl FY OF ASPEN COW UNITY DEVELOPMENT i i 534 EAST COOPER 1111111 -T I I o e PI y l »» m PROPOSED THIRD LEVEL �1 PRO POSED THIRD LEVEL A-104 pass ARGH1 KLIU R PLAN IIING O C IV ;D JUN 2 4 2013 C TY OF ASPEN a COMMUNITY DEVELOPMFNT 534 EAST COOPER i S Mu g s ' m POSED ROOF LEVEL (rRO n ,E)D-F LEVEL o,u,a»��,�a„�.w,.,.�«,,,oowwuni::,,.�a,w�,.,�,,,.,nao,,.,.m„�.,.+,,,00.M,.�,,,�.,.,,o �1 PRO •°„= A-105 g �„yam mm�i posy I '1I 1 r l L - UP FF Consultant COMMERCIAL i coMMERCML FLOOR AREA - i 381fi 50 FT COMMERCIAL COMMERCIAL - Issue. SD 01.14.13 PAR CALC:C IATTONS SD OI.?,9_I3 FAR'ALCULATIONS SD 011A.13 SL'B DI�ISIO\APP �L SD C`61T.13 SliRD1VISION APP NDNDI RECEIVED nDOA AREA 3]2508 _ JUN 2 4 2013 MECHANICAL ' 1 Y OF ;ASPEN ROOM COMMERCIAL �AkAl..jNlTY DEVELOPMENT - 534 EAST COOPER ELI Lj"��4 COMMERCIAL OR AREA - GAICS5C6DI�ISION APPLICATION O AR AS PEN,COLORADO 1 ELEVATOR I ELEVATOR UP ill- AROVE i MECN 3 S w 0 o BUILDING FLOOR AREA NOTES � (D�oROSadI COMMERCIAL NONUNIi RFSIOENNAL AEG _ COMMERCIAL DECK RESIDENTIAL DECK D 0 0 BASEMENT Ie,emoP 3816(e,em Ot tar com Ifl orarea onp) 786 D - - _ _ 592 0 0 0 GROUND LEVEL 4693 0 ~ MEZZANINE LEVEL 2719 516 D 159 424 0 THIRD LEVEL 0 4450—Ot) 2453 0 0 821 E PROJECT NO: .O IH:TO 2- SUB-TOTAL ]412(11128111 non-dolt"I's) 1894 2453 759 1424 8211+3511 OWG FILE: d BOOGIES PROPC.iED PL/NS.J.v� 322 95 °o ADDED NONUNIT SPACE 1477 _ _ _ - - m - — -- - - - — AESICENTIAL DEGI(ALLOWABLE=47050 Fi_ I ADDED DECK SPACE 351 _ - - - - - _ - - SHEET TITLE TOTAL FAR 8889 S4 - — — 3126 59N 854 s9ft PROPOSED BASEMENTLEVEL (Floor area) TOTAL FOR NONUNIT ALLOCATION:COMMERCIAL FLOOR AREA(11 228L+FREE MARKET AESIDNETIAL FLOOR AREA 124531+AHU FLOOR AREA(759)=14,440 unPSOFT ALLOCATION PERCErvTADE , PROPOSED BASEMENT LEVEL NDn PERCENT TO COMMERCIAL=11128714440=18% 1894,778=1471 A-101 N PERCENT TO RESIOENTNL=2453/14,440=1i% IB94,17=322 PERCENT TO AHU=759714,440=.05% 1894,A5=95 �I .^.2013 L`s poss El UP PROPOSED ON E3 EVATLR NONUNIT I FLOOR AREA 310 SO FT y J T-- - --- - -- - \ COMMERCIAL � / > Cpnsultanl s2 ' FLOOR AREA 4693 SO FT � � I O O O �T DN II I RETAIL I � � II I Issue '.1 _ — MECN CHA6E O O i D LL.14.11 FIR CAI.CIJI_ATIONS -- f \ D L29.13 FAR C.ALCI:LATION'S SD li.11 4l RDl\3SION APP D 00.1313 SL.BIN ISIONAPP RECEIVED UTILITY/TRASH7REGYGLE AREA 1 o O JUN 2 4 2013 I 10TY OF ASPEN "01AMUNITY DEVELOPMENT II ----- ------ _�__— - ----MECX CHASE II I II I F FLOOR RE ' FLOOR ARE fill I 534 EAST COOPER 1 GM(,1_S R BDA ISION APPLICATION } ASPEN.COLORr111O OF ELEVATOR ' I BUILDING FLOOR AREA Ipmpq'.I COMMERCIAL NONUNIT RESIDENTIAL AHU COMMERCIALDECK RESIDENTIAL DECK NOTES BASEMENT Ie,empll 3816(exem pt for commercial floor area ono) 786 0 0 D 0 GROUND LEVEL 4693 592 0 0 0 0 MEZZANINE LEVEL 2719 516 0 759 424 0 E THIRD LEVEL 0 445(e pt) 2453 0 0 821 E ti PROJECT NO: SUB-TOTAL 7412 111.228for-- huIcs) 1894 2453 759 424 8211+3511 2201{.0 ADDED NONUNIT SPACE 1477 322 95 DWG FILE: ADDED DECK SPACE 351 AESIDENTIAL DECK RLLOWABIE=470 SO FT BOOGIES PROPOSED PIaNS.0..� TOTAL FAR 8889 sq R 3126 sq R 854 sq R SHEET TITLE FE TOTAL FOR NONUNN ALLOCATION:COMMERCIAL FLOOR AREA(11,228)+FREE MARKET RESIDNETIAL FLOOR AREA(2453)a AHU FLOOR AREA(759)=14.440 P�'np�SE�GROUND LEVEL GROUND (Floor area) NONUNIT SO FI ALLOCATION PERCENTAGE: I PROPOSED GROUND LEVEL o PERCENTTDCOMMERCIAL=11128/14,4411=78% 1894,.778=1477 A-102 PERCENT TO RESIDENTIAL=2453/14.440=17% 1891 / PERCENT TO AHU 759/14.440=.05% 1894c 05=95 A-102 ES 2013 i1'n°vu+"u°0°tiveMer.c. poss it?t:-?IILi IJti:N Ii REA PROPOSED UP FLOORANONUN OPEN T08f OW r 341 SO R ELEVATOR \ ` L ON I � i \ I i OUTDOOR p,az,.,a, F.s,a79ao zasa DECK � se x I cpasu AREA nant 424 SO R ' RESIDENTIAL � COMMERCIAL FLOOR RREA I759 SOR J 2719808 _ e '�if�-� I I PROPOSED RESIDENTIAL i ' COMMERCIAL UNIT I ' I OPEN TO BELOW IIssue: SD 01.14 .11 FA RCAI CL'LATI ONS SD 01:2S.13 FAR('ALCI:LATIOi S —_------ „ S I DIAISIOA APP 13A3_l6 SD �_ ----. -- ---- -- -------- � ,� so Oc.13.13 suBDlvisu7nArP R CEiE 0 � - J N 2 4 ?0!3 a EXISTING Cl OF ASPEN COMMERCIAL / COMM' LAITY DEVELOPMENT — — — OPEN TO BELOW/ I MECH CHASE J O R OOF AREA OPEN TO BELOW 534 EAST COOPER 175 SO R ' ASPEN.COLOR-ADO DOS APPLICATION Ox ELEVATOR _. � f I ` ' ' — 1 I 1 3 s BUILDING FLOOR AREA NONUMT RESIDENTIAL ALL COMMERCIAL DECK RESIDENTIALOECK NOTES Proposed) COMMERCIAL BASEMENT(exempt) 3816 1areMET for commercial Nm1 area DIN) 786 0 0 O 0 0 CBOOK O 4693 592 0 0 0 LEVEL MEZZANINE LEVEL 2719 516 0 759 424 0 A THIRD LEVEL 0 445-(ormpf 2453 0 0 821 PROTECT NO: I IC 14.00 SUB-TOTAL 7412111228for non-unit calcsl 1894 2453 759 424 821(+351) DWG FILE: SUB-TOONUNRSPACE 1477 322 95 BOOGIES PROPOSED PLANS J g RESIDENTIAL DECK ALLOWABLE=470 SO R 'C ADDED DECK SPACE 351 SHEET TIME TOTAL FAR 8889 s9 n 3126 sp It 854 s9 ft PROPOSED MEZZANINE LEVEL — (Floor area) — TOTAL FOR NONUNIT ALLOCATION:CDMMERCIAL FLOOR AREA(11228)a FREE MARKET RESIDNETIAL ROOK AREA(2453)a AIR FLOOR AREA(759)=14440 12 LEVEL noxuxlr sDRauocanonPERCExTACE: ) PROPOSED MEZZANINE PERCENTTOCOMMERCIAL=11128714,440=78% 1894x.778=1477 A-10I PERCENT TO RESIDENTIAL=2453714.440=III L894r.11=322 A-103 PERCEN A T TO AHU=759114,440=.05% 1894x.05=95 ole 2013 u T. o.°ug .ro aNtT frtm. LLc poss NONUNR ,"HIT UU 4 H�'NN IG FLOOR AREA 72 SO FT lexampt) NONUNIT ON PROPOSED _ '.-� _OPEN TO BELOW FLOOR AREA 19fi SOFT E1EVAi0R I ,. I ADDF F ,era eee ROOF Cpnsuliant I DECK 257 SO FT RESIDENTIAL 21003 50 FT Issue SU 01.14-1i FAR CALCULATIONS \ SD OL28.11 FAA CALCULATIONS 5D 0'_.15.13 SL 0) APP FREE ED 06,13 13 cLIBDIVISION APP MARKET RESIDENTIAL UNIT ROOF i UN 242013 �CIOIYY OF ASPEN 56DIC FT �,!`.,� t'i i 1 LLVP EN i I EATERION ROOF GARDEN I 534 EAST COOPER OR ASPEN,COLOR SION APPLICATION ASPEN COLORADO I L I-T-T-iff � El f 3 I aJ NONUNR FLOOR AREA msaFr (eremptl BU LDING FLOOR AREA w 1prppose9) COMMERCIAL NONUNIT RESIDENTIAL AHU COMMERCIAL DECK RESIDENTIAL DECK NOTES BASEMENT(e,empt) 3816(,,,,pt lorcommercial Oaar,area only) 786 1 0 0 0 GROUND LEVEL 4693 592 0 0 0 0 - E MEZZANINE LEVEL 2719 516 0 759 421 0 THIRD LEVEL 0 445(-Tp0 2453 0 0 821 I OIECTNO: 22011:k1 SUB-TOTAL 7412 E E2281or noo-unil talcs) 1894 2453 759 424 8211.3511 DWG FILE t _ ADDED NONUNIT SPACE 1477 322 95 BOOGIES PROPOSED PIAVS.dwg 0 ADDED DECK SPACE 351 RESIDENTIAL DECK ALLOWABLE=470 SO FT TOTAL FAA 8889 Sq N 3126 iq It 1 854 sq IT SHEET TITLE PROPOSED THIRD LEVEL IE TOTAL FOR NONUNIT ALLOCATION:COMMERCIAL FLOOR AREA(11228) FREE MARKET RESIDNETIAL FLOOR AREA(A53) ARE)FLOOR AREA(759)=14,440 p (floor area) NONUNIT SO FT ALLOCATION PERCENTAGE; I PROPOSED THIRD LEVEL PERCENTTOCOMMERCIAL=11.228/11,440=78% 1111,311=1177 LOJ PERCENT TO SIDENTIAL 2453114.05%=17% 1894,.17=322 A-104 oIE PERCENT TO ANN=]59/14.440=.05% 1891,05=95 o v=`20L3 i �a"ntiKS-.vr. �_ caavrurtnwna. vxxoamu acuavm�cxrs ww.ea �d I poss DPEN1oBLLOw ROOF I� ROOF Consultant I DECK i Issue: SD OLI4-13 FAR GALCI:UTIONS SD 01 C9.1}F.4R CALCL,LATIONS SD 0',..15.!33 cI EDIVISIONAPP SD P, 3.f33 St 1BDDTSION APP PROPOSED FIAT ROOF I ROOF RECEIVED RO i JUN 2 4 2013 C Ty OF ASPEN DECK "CM AUNII-Y DEVELOPMENT EXTERIOR RooF GARDEN 534 EAST COOPER OMQS/SLBDINISION APPLICATION ASPEN.COLORADO 3 s BUILDING FLOOR AREA (proppseA) COMMERCIAL NONUNIT RESIDENTIAL AHU COMMERCIAL DECK RESIDENTIAL DECK NOTES BASEMENT(exempt) 3816(exempt for commercial floor area any) 786 0 0 0 0 0 GROUND LEVEL 4693 592 0 0 0 0 m m MEZZANINE LEVEL 7719 516 0 759 424 0 E _ 445. I —_ 2453._ _.. 0— —_ 0_ — 821 THIRD LEVEL 0 faxamD I PROTECT NO: d TOTAL 7412 7412(11.228 for n,n-unit calcsl 1894 2453 759 424 821(+351) DWG FILE BOOGIES PROPOSED PL1NS.�wg AOOEDNONUNIT SPACE 147] 322 95 ADDED DECK SPACE 351 RESIDENTIAL DECK ALLOWABLE=470 SOFT SHEET TITLE TOTAL FAR 8889 sN N 3126 sp N 854 s4 ft 7� PROPOSED ROOF LEVEL TOTAL FOR NONUNRALLOCANON,COMMERCIAL FLOOR AREA 111,2281+FREE MARKET RESIDNEIIALFLOOR AREA(2453)+AHU FLOOR AREA 17591=14.440 ( PROPOSED ROOF LEVEL n-ius r�,r NONUNET SO FT ALLOCATION PERCENTAGE o PERCENTTOCOMMERCIAL=11228/IdA40=78% 1894x]78='1117 PERCENT TO RESIDENTIAL=2453/14 440=17% 1894x.17=322 A 105 °vIE PERCENT TO ADD 59/14 440=.05% 1894x.05=95 -1 2013 iincucu '��iYCrs. o� eowarmnm�p. xucommxcsevmaews rcwexe MEMORANDUM • TO: Aspen Planning and Zoning Commission FROM: Jessica Garrow, Long Range Planner THRU: Jennifer Phelan, Community Development Deputy Director RE: 534 E Cooper Ave (Boogies)—GMQS and Subdivision Resolution No._, Series of 2013 MEETING DATE: April 16,.2013 APPLICANT/OWNER: Boogie's Building of Aspen, LLC c/o Leonard Weinglass REPRESENTATIVE: . Sunny Vann, Vann Associates, LLC LOCATION: t F�. 534 E Cooper Ave(Boogies Buildings) CURRENT ZONING: y i CC (Commercial Core) �.�•.,,, SUMMARY: _ The Applicant requests growth management and subdivision reviews for the remodel and expansion of the Boogies Building. STAFF RECOMMENDATION: Staff recommends approval of the request. Photo: Boogies location and picture of Building viewed from Cooper Ave. Page 1 of 5 534 E Cooper Ave(Boogies)—GMQS and Subdivision P&Z Memo REQUEST OF THE PLANNING AND ZONING COMMISSION: The Applicant is requesting the following land use approvals to remodel and expand the existing building: • A Growth Management Review (Chapter 26.470.080.1, Minor expansion of a commercial, lodge or mixed-use development) for the development of new net leasable commercial space. (The Planning and Zoning Commission is the final review authority.) • A Growth Management Review(Chapter 26.470.080.2,New free-market residential units within a multi family or mixed-use project) for the development of one (1) free-market residential unit. (The Planning and Zoning Commission is the final review authority.) • A Growth Management Review (Chapter 26.470.070.4, Affordable Housing) for the development of affordable housing. (The Planning and Zoning Commission is the final review authority.) • Subdivision approval (Chapter 26.480, Subdivision) for the creation of multiple residential units and timeshare units in a mixed-use building. (City Council is the final review authority after considering a recommendation from the Planning and Zoning Commission) BACKGROUND AND PROJECT SUMMARY: The applicant proposes to remodel and expand an existing two story building and add a recessed third floor at 534 E Cooper Ave. The lot is 6,269 square feet and is located approximately at the north-west corner of Cooper Ave and Hunter St. The original application for this redevelopment was made in March of 2012, and is subject to the Land Use Code in place at that time, which permitted new free-market residential units and an overall allowed height of 38 feet to 42 feet. Existing Conditions and History: The Boogies building is located in the Commercial Core(CC) zone district at 534 E Cooper Ave. It was built in 1987 using reconstruction credits from the demolition of the "Shaft Restaurant." At the time, the building was reconstructed so it did not contain any additional commercial square footage than had previously been on the site. A new two-bedroom affordable housing unit was voluntarily added as part of the reconstruction. The unit was not required to satisfy any mitigation requirements. The building included approximately 10,865 square feet of commercial space in the basement, first and second floors, and one (1) voluntary affordable housing unit on the second floor. In 1995, the owner requested approval to expand the second floor restaurant by 249 square feet through the conversion of one of the affordable housing unit's bedrooms into commercial space. This change in use request was granted, and a cash-in-lieu payment was made to mitigate the expanded restaurant. The affordable housing unit was still considered a voluntary unit, and an updated deed restriction for the reconfigured one-bedroom unit was recorded. At some point following the 1995 approval, the restaurant began enclosing a portion of the second floor outdoor deck with a tent. In 2003, the City informed the owner that the enclosure required a temporary use approval, which was granted. The enclosure has essentially remained up since the approval, even though the approval was only for one season. This application Page 2 of 5 534 E Cooper Ave (Boogies)—GMQS and Subdivision P&Z Memo proposes to bring the area into compliance by expanding the restaurant and removing the "temporary" enclosed space. Proposed Development: The applicant proposes expanding the existing commercial space by 292 square feet of net leasable area, adding a new free-market residential unit of 2,307 square feet of net livable area to a new third floor, and expanding the affordable housing unit to 705 square feet of net livable area in order to use it as the required affordable housing mitigation for the project expansion. The applicant proposes using a TDR to expand the free-market unit beyond 2,000 sq ft. net livable allowed by zoning. The expanded net leasable space generates 0.292 parking spaces, which the applicant will mitigate for through a cash-in-lieu payment. This is allowed by right in the land use code. No parking is required for the residential units. The project received Conceptual HPC and Conceptual Commercial Design Approval from the Historic Preservation Commission on July 11, 2012, which limited the building to thirty-eight (38) feet in height. The Conceptual Reviews were called up by City Council, which affirmed HPC's decision. The proposed dimensions are included in Table 1, below. Table 1: Existing and Proposed Dimensions Existing Proposed 27' to top of parapet; , Height 37' to top of atrium 38 Floor Area (sq ft) 8,101 sq. ft. 12,661 sq. ft. Net Leasable (sq ft) 10,379 sq. ft. 10,671 sq. ft. Affordable Housing Net Livable 654 sq. ft. 705 sq. ft. (sq ft) Free-Market Residential Net N/A 2,307 sq. ft. Livable (sq ft) STAFF COMMENTS: GROWTH MANAGEMENT REVIEW The project proposes to develop a new free market residential unit, additional commercial net leasable space and the applicant proposes to mitigate by expanding the existing deed restricted unit and updating its deed restriction. The unit was not originally provided as mitigation, so the applicant requests using as mitigation for this project. The Planning and Zoning Commission may approve this request, after reviewing a recommendation from APCHA and staff. The new free-market residential unit will require approximately 692 square feet of affordable housing net livable area, or 1.73 FTEs, as mitigation! The expanded commercial space will require 0.54 FTEs as mitigation.2 The applicant requests mitigating through an on-site unit, 1 2,307 sq ft FM unit*30%net livable mitigation requirement=692.1 sq ft. affordable housing net livable 692.1 sq ft/400 sq ft(conversion rate to FTEs)= 1.73 FTEs 2 292 sq ft net leasable on 2nd floor/1,000 sq ft= .292 0.159 *3.075 FTEs=.8979 FTEs generated Page 3 of 5 534 E Cooper Ave (Boogies)—GMQS and Subdivision P&Z Memo which, if accepted, means only the larger of the commercial and free-market residential mitigation requirements is required to be met. If the P&Z does not accept the affordable housing as the mitigation for the project, the applicant proposes using Certificates of Affordable Housing Credits (Credits). If credits are used, the sum of the employees generated for both the residential unit and the increase in net leasable area are required to be mitigated. In this case, credits for 2.27 FTEs would be required. In reviewing the Growth Management portion of the application, staff believes the proposal meets all applicable review requirements. Staff and APCHA recommend the existing, upgraded affordable housing unit be used as the mitigation for the proposal. The existing unit was never required as mitigation housing, and has an out of date deed restriction. Using it as mitigation guarantees the unit will remain in the affordable housing inventory in perpetuity. SUBDIVISION REVIEW A subdivision review is required for this mixed-use building because multiple dwelling units are proposed. The applicant proposes to develop a new free market residential unit, additional commercial net leasable space and proposes to mitigate by expanding an existing deed restricted unit and updating its deed restriction. The subdivision is similar to the other subdivisions seen throughout the downtown area. In reviewing the Subdivision portion of the application, staff believes the proposal meets all applicable review requirements. The project is currently served by utilities, and the expansion can be accommodated through an upgrade to the existing utility box. In addition, the applicant will meet all applicable engineering requirements, including all drainage requirements. The existing trash/recycling area can accommodate the expansion. REFERRAL AGENCY COMMENTS: The City Engineer, Fire Marshal, Water Department, Aspen Sanitation District, Building Department, Parks Department, and APCHA have all reviewed the proposed application and their requirements have been included as conditions of approval when appropriate. A copy of the Referral Agency comments is attached as Exhibit C. RECOMMENDATION: Staff recommends approval of the project, with the following conditions: 1. The chimney shown in the approved plans is not approved. 2. The project is subject to all conditions included in HPC Resolution 16, Series of 2012. 3. The Final HPC and Commercial Design Reviews shall address where any rooftop mechanical equipment is located. 4. All areas labeled"roof' and"exterior roof garden"may not be used as deck space. PROPOSED MOTION: "I move to approve Resolution # , Series 2013, approving Growth Management Reviews and recommending City Council approve a Subdivision Review for the project located at 534 E Cooper Ave." 0.4889 FTEs*60%mitigation rate=0.54 FTEs Page 4 of 5 534 E Cooper Ave(Boogies)—GMQS and Subdivision P&Z Memo Attachments: Exhibit A-Growth Management Review Criteria, Staff Findings Exhibit B- Subdivision Review Criteria, Staff Findings Exhibit C - DRC Comments Exhibit D - Public Comment Exhibit E - Application Exhibit F - Updated FAR and Net Livable/Leasable drawings, dated April 8, 2012 Page 5 of 5 534 E Cooper Ave (Boogies)-GMQS and Subdivision P&Z Memo RESOLUTION N0. (SERIES OF 2013) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING FREE-MARKET RESIDENTIAL, AFFORDABLE HOUSING, AND COMMERCIAL GROWTH MANAGEMENT REVIEWS, AND RECOMMENDING THE CITY COUNCIL APPROVE A SUBDIVISION, FOR THE DEVELOPMENT OF ONE (1) FREE-MARKET RESIDENTIAL UNIT, ONE (1) AFFORDABLE HOUSING UNITS, AND 292 SQ FT OF NEW COMMERCIAL SPACE FOR THE PROPERTY LOCATED AT 534 E COOPER AVE -BOOGIES BUILDING) -CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-182-24-008 WHEREAS, the Community Development Department received an application from Boogie's Building of Aspen, LLC, represented by Sunny Vann of Vann Associates, LLC requesting approval of Free-Market Residential, Affordable Housing, and Commercial Growth Management Allotments, and Subdivision, to remodel and expand the existing building to include one (1) free-market residential unit, one (1) affordable housing units, and 292 sq ft of new commercial space; and, WHEREAS, the Applicant requests approval by the Planning and Zoning Commission Free-Market Residential, Affordable Housing, and Commercial Growth Management Allotments; and, WHEREAS, the Applicant requests a recommendation by the Planning and Zoning Commission to the City Council for Subdivision approval; and, WHEREAS,the property is zoned Commercial Core (CC); and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended approval of the application; and, WHEREAS, during a duly-noticed public hearing on April 16, 2014, the Planning and Zoning Commission approved Resolution No. _, Series of 2013, by a to L— j vote, approving one (1) Free-Market Residential Growth Management Allotments, one (1) Affordable Housing Growth Management Allotment, and 292 sq ft Commercial Growth Management Allotments, and recommending the Aspen City Council approve aSubdivision; 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 Resolution No , Series 2013 Page 1 of 5 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: 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 Growth Management allotments and approvals for one (1) free-market residential unit, one (1) affordable housing unit, and 292 sq ft of commercial net leasable space. The Planning and Zoning Commission hereby recommends City Council approval of Subdivision. Section 2: Dimensions All dimensions shall meet the requirements of the Land Use Code in effect on March 30, 2012 (date of initial application). The free-market residential unit is approved at 2,307 square feet of net livable area, through the landing of a Historic Transferable Development Right (TDR). The approved floor plans are attached as Exhibit A. Minor changes from these are permitted at building permit. Areas labeled as "roof' or "rooftop garden" are not permitted for use as a deck. The chimney shown in the approved plans is not approved. The project is subject to all conditions included in HPC Resolution 16, Series of 2012. The Final HPC and Commercial Design Reviews shall address where any rooftop mechanical equipment is located. Section 3: Engineering The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the Engineering Department, The Applicant shall be subject to the Urban Runoff Management Plan Requirements. A compliant drainage plan must be submitted with a building permit application. This includes detaining and providing water quality for the entire site. If the site chooses fee- in-lieu of detention (FIL), it can only be applied to existing impervious areas all new Resolution No , Series 2013 Page 2 of 5 areas will need to discharge at historic rates. Any detention requirements covered under the FIL option must discharge directly to the City's stormwater infrastructure. As of March 13, 2013, the sidewalk was in acceptable condition and did not require replacement. The curb and gutter was damaged and should be replaced. Should the sidewalk, curb or gutter be damaged as a result of construction activities, it will be the property owner's responsibility to repair the damage as described in Title 21. Due to the proximity of the neighboring property, the City will require an excavation stabilization plan prior for any excavation. The plan should be submitted with the building permit submittal. The Construction Management Plan shall describe mitigation for: parking, staging/encroachments, and truck traffic. Section 4: Affordable Housing The 1 on-site, one-bedroom affordable housing unit shall be deed restricted to Category 3. The Certificate of Occupancy (CO) for the unit shall be issued prior to or at the same time as the proposed free-market unit. The units shall be owned and managed by Boogies Building of Aspen, LLC. More detailed information regarding the management and maintenance of the units shall be provided to APCHA with the proposed deed restriction prior to CO. The owner shall have the right to rent the unit to tenants qualified under the APPCHA Guidelines. If the owner cannot provide a qualified tenant, the unit shall be rented through APCHA's normal advertising process. At no time shall the tenancy of the unit during a lease period be tied to continued employment by the owner. Tenant leases, however, may be terminated for cause or at the end of the lease period upon termination of employment. The tenant in the rental unit shall be required to be requalified by APCHA on a yearly basis. Owner and APCHA stipulate and agree that, in accordance with C.R.S. 38-12-301(1)(a) and (b), this Deed Restriction constitutes a voluntary agreement and deed restriction to limit rent on the property subject hereto and to otherwise provide affordable housing stock. Owner waives any right it may have to claim that this Deed Restriction violates C.R.S. 38-12-301. The deed restriction shall allow the unit to become ownership units at such time as the owner elects to condominiumize and sell the units, or at such time as APCHA determines the unit is found to be out of compliance for one year. If the unit is found to be out of compliance for one year, or the owner elects to sell the unit, the units shall be listed for sale with APCHA at the category specified in the deed restriction. The sales price shall be as stated in the APCHA Guidelines in effect at the time of recordation of the deed restriction plus appreciation calculated at three percent (3%) per annum or the Consumer Price Index (simple appreciation not compounded), whichever is less, as of the listing date of the units. Resolution No , Series 2013 Page 3 of 5 If the unit is being sold due to noncompliance, it shall be sold through the lottery system. If the owner elects to sell the unit, the owner may choose the initial buyer provided they qualify under APCHA's top priority for the unit. If the owner elects to sell the units, or they are required to be sold due to noncompliance, owner shall condominiumize the units and form a condominium association for the management and maintenance thereof. The affordable housing association shall be separate from the free-market residential unit's and commercial unit's association(s). In the event the rental units are required to become ownership units due to noncompliance, APCHA or the City may elect to purchase them for rental to qualified tenants in accordance with APCHA Guidelines. Section 5: Fire Mitigation All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Section 6: Utilities Due to a low roof (non-conforming with standards) above the existing transformer and non-conformance to Electrical codes, the existing transformer cannot be upsized in place. Most likely the transformers at Aspen Core/ Little Annies will not be able to be used by this developer as capacity is being reserved for those developments. Due to these constraints, a new transformer location may be the best option. The applicant shall work with the Utilities Department prior to submittal of building permit to determine a location for a new transformer that acceptable to the Utilities Department. Section 7: Sanitation District Requirements Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. Because a restaurant currently exists and is anticipated to remain, Oil and Grease interceptors (NOT traps) are required for all food processing establishment. Locations of food processing shall be identified prior to building permit. Section 8: Parks Landscaping in the public right of way will be subject to landscaping in the ROW requirements, Chapter 21.20. There shall be no plantings within the City ROW which are not approved by the City Parks Department and the Engineering Department. If a tree(s) is requested for removal, the applicant will be required to receive an approved tree removal permit per City Code 13.20, this includes impacts under the drip line of the tree. Parks is requiring that the tree permit be approved prior to approval of the demo and/or building permits. Parks will approve a final landscape plan during the review of the tree removal permit based on the landscape estimates. Resolution No , Series 2013 Page 4 of 5 A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site and their represented drip lines. A formal plan indicating the location of the tree protection will be required for the bldg permit set. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site. This fence must be inspected by the city forester or his/her designee before any construction activities are to commence. Section 9: Parkinli The applicant shall pay a cash-in-lieu fee for the 0.292 parking spaces generated by the development. Section 10: 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 or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 11: 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. Section 12: 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 day of 12013. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: Debbie Quinn,Asst. City Attorney LJ Erspamer, Chair ATTEST: Jackie Lothian, Deputy City Clerk Resolution No_, Series 2013 Page 5 of 5 d N poss c� ARCHITECTURE+pIpNP11NG RECEIVED s ' APR 8 1.013 \T CITY OF ASPEN % I 1 MERE CQFAMJNITY DEVELOPMENT 534 EAST COOPER Zed s e PR()1'15E11 Ri+iMENT I.F.VEL 'g rom rarownrwanw�rcanuncm um.uMw vu.mrrunar«c.nrawnew.v.onn.uunow.a.os+..mxnunn.isn, lu,,,u,..�,1 PROPOSED BASEMENT LEVEL R.a�ro«W„nrs m.„ A-101 9s HQ dl ARCHITECTURE 55 534 EAST COOPER PROP%D OROUNn LEVEL AI 9 POSED GROUND LEVEL A-1 02 Eel o I I poss ARCHITECTURE+PLANNING r 0 C AREA / ::RESIDENTIAL / ,CO ERCIA / i em / r 534 EAST COOPER r g a PR(lM)SED ME]IANINE I.EVEI a PROPOSED MEZZANINE LEVEL � u A-103 Angv poss OARCHITECTURE+PLANNING v x� n�an O O O 0 O FREE sn ry x r nrwsv. err... ' MARKET \ -RESIDENTIAL UNIT a ..... .... . . . .......... I I I 1 7 mm� 534 EAST COOPER '.I U/1 I > I a x iii O �n PRnMISED THIRD I EVEL � rorurvnnun usrcnnx.rarutaw nowutrnl.nn.ru[uun xrmnwgmx.:rtsuini.uunomunnf+i.vunlinu-rsn Illw.,r.-,1 PROPOSED THIRD LEVEL A-104 poss ARCHITECTURE+PLANNING i , O nm t O , _ as ��� L�� Wxan ••��� 534 EAST COOPER ann, —1'0-E R—LEVEI .o..,��n�.w�u�a.��n.�a,aa,n�,a.n,���.aa�,,.,,�.�aa�wna.«aa,:,.,an�.�,.�,m „� PROPOSED ROOF LEVEL u�""`"•`•I A-105 90 SS puss XV MECHANIC L ROOM 534 EAST COOPER PROPOSIFI)HNSFNIENTI EVE[ ?OSED BASEMENT LEVEL pass ARCHITECTURE PLANNIM ME POSED GROUND LEVEL 0 0 � I oo:: ARCHITECTURE PLANNNG DECR AREA 1111,11-1 1p 534 EAST COOPER El A-1 08 o .. i poss ARCHITECTURE+PLANNING O roa .od p rcu 0 0 \ _ O O O O K y„ FREE MAO KE -RESIDENTIAL '. .. _ _ UNIT '. ua 534 EAST COOPER II' OSEI,THIRD LEVEL s �, PROPOSED THIRD LEVEL na R(71 Ii.:W S"..I.".,IM B i.Id9 � z ga A-109 N =1 Exhibit A—Staff Findings, Growth Management 26.470.050. General requirements. B. General requirements: All development applications for growth management review shall comply with the following standards. The reviewing body shall approve, approve with conditions or deny an application for growth management review based on the following generally applicable criteria and the review criteria applicable to the specific type of development: 1. Sufficient growth management allotments are available to accommodate the proposed development, pursuant to Subsection 26.470.030.D. Applications for multi-year development allotment, pursuant to Paragraph 26.470.090.1 shall not be required to meet this standard. Staff Findings: Adequate growth management allotments exist for the request. Staff finds this criterion is met. 2. The proposed development is compatible with land uses in the surrounding area, as well as with any applicable adopted regulatory master plan. Staff Findings: There are no applicable adopted Master Plans for this property. This is a mixed-use building that includes residential and commercial uses, which conforms with and is compatible with the uses in the immediate block and the zone district in general. Staff finds this criterion is met. 3. The development conforms to the requirements and limitations of the zone district. Staff Findings: The development meets all of the dimensional and use requirements of the Commercial Core (CC) zone district. Staff finds this criterion is met. 4. The proposed development is consistent with the Conceptual Historic Preservation Commission approval, the Conceptual Commercial Design Review approval and the Conceptual Planned Unit Development approval, as applicable. Staff Findings: The proposed development is consistent with the Conceptual Historic Preservation approvals, including Conceptual Design Review. Staff finds this criterion is met. 5. 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 generation rates, are mitigated through the provision of affordable housing. The employee generation mitigation plan shall be approved pursuant to Paragraph 26.470.070.4, Affordable 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 Certificate of Affordable Housing Credit as mitigation, pursuant to Chapter 26.540, such Certificate shall be extinguished pursuant to Chapter 26.540.90 Criteria for Administrative Extinguishment of the Certificate. Exhibit A—Staff Findings,Growth Management Page I of 5 Staff Findings: This application proposes new commercial space and a new free-market residential unit. Because housing is proposed on-site, only the larger of the two mitigation requirements must be met; in this case the free-market residential unit. The expanded commercial space will require 0.29 FTEs as mitigation, calculated as follows: 292 sq ft net leasable on 2nd floor/1,000 sq ft = .292 0.292 * 3.075 FTEs = .8979 FTEs generated 0.8979 FTEs * 60%mitigation rate = 0.54 FTEs The new free-market residential unit will require approximately 692 square feet of affordable housing net livable area, or 1.73 FTEs, as mitigation, calculated as follows: 2,307 sq ft FM unit *30% = 692.1 sq ft. 692.1 sq ft/400 sq f(conversion rate to FTEs) = 1.73 FTEs The applicant proposes to mitigate with an on-site affordable housing unit of 705 sq ft, which meets the larger of the two requirements. Staff finds this criterion is met. 6. 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 at least 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. Affordable housing shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing, and be restricted to 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. Affordable housing units that are being provided absent a requirement ('voluntary units") may be deed-restricted at any level of affordability, including residential occupied. If an applicant chooses to use a Certificate of Affordable Housing Credit as mitigation, pursuant to Chapter 26.540, such Certificate shall be extinguished pursuant to Chapter 26.540.90 Criteria for Administrative Extinguishment of the Certificate, utilizing the calculations in Section 26.470.100 Employee/Square Footage Conversion. Staff Findings: As mentioned in Criterion 5, above, the applicant is proposing to mitigate with an on-site affordable housing, so only the larger of two housing mitigation requirements is needed. The new free-market residential unit is the largest requirement, which is met with the 705 sq ft on-site affordable housing unit. The applicant is proposing to deed restrict the unit at Category 3. Staff finds this criterion is met. 7. The project represents minimal additional demand on public infrastructure, or such additional demand is mitigated through improvement proposed as part of the project. Public infrastructure includes,,but is not limited to, water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking and road and transit services. Exhibit A—Staff Findings,Growth Management Page 2 of 5 Staff Findings: The addition of commercial space and a free-market residential unit will represent minimal additional demand on public infrastructure. The applicant has a trash/recycling area that can accommodate the addition, and the applicant has agreed to make any necessary upgrades related to water, sewer, and stormwater service. The applicant will need to upgrade the utility box that exists on site, which is a condition of approval. Staff finds this criterion is met. 26.470.070. Minor Planning and Zoning Commission applications. 4. Affordable housing. The development of affordable housing deed-restricted in accordance with the Aspen/Pitkin County Housing Authority Guidelines shall be approved, approved with conditions or denied by the Planning and Zoning Commission based on the following criteria: a. The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing Authority. A recommendation from the Aspen/Pitkin County Housing Authority shall be required for this standard. The Aspen/Pitkin County Housing Authority may choose to hold a public hearing with the Board of Directors. Staff Findings: The proposed unit complies with all applicable requirements outlined in the AHPCA Housing Guidelines. The Board of Directors reviewed the case and recommended approval of the proposal. Staff finds this criterion is met. b. Affordable housing required for mitigation purposes shall be in the form of actual newly built units or buy-down units. Off-site units shall be provided within the City limits. Units outside the City limits may be accepted as mitigation by the City Council, pursuant to Paragraph 26.470.090.2. If the mitigation requirement is less than one (1) full unit, a cash-in-lieu payment may be accepted by the Planning and Zoning Commission upon a recommendation from the Aspen/Pitkin County Housing Authority. If the mitigation requirement is one (1) or more units, a cash-in-lieu payment shall require City Council approval, pursuant to Paragraph 26.470.090.3. A Certificate of Affordable Housing Credit may be used to satisfy mitigation requirements by approval of the Community Development Department Director, pursuant to Section 26.540.080 Extinguishment of the Certificate. Required affordable housing may be provided through a mix of these methods. Staff Findings: The applicant proposes utilizing an existing affordable housing unit as mitigation for the proposal. The existing unit was never required for affordable housing mitigation, and has an outdated deed-restriction that allows the unit to be removed at any time. The applicant will update the deed restriction to ensure it is permanently affordable. In addition, the applicant is expanding the unit to comply with the size requirements in the APCHA guidelines. Stafffinds this criterion is met. c. Each unit provided shall be designed such that the finished floor level of fifty percent (50%) or more of the unit's net livable area is at or above natural or finished grade, whichever is higher. This dimensional requirement may be varied through Special Review, Pursuant to Chapter 26.430. Exhibit A—Staff Findings,Growth Management Page 3 of 5 Staff Findings: The proposed unit is entirely above grade. Staff finds this criterion is met. d. The proposed units shall be deed-restricted as "for sale" units and transferred to qualified purchasers according to the Aspen/Pitkin County Housing Authority Guidelines. The owner may be entitled to select the first purchasers, subject to the aforementioned qualifications, with approval from the Aspen/Pitkin County Housing Authority. The deed restriction shall authorize the Aspen/Pitkin County Housing Authority or the City to own the unit and rent it to qualified renters as defined in the Affordable Housing Guidelines established by the Aspen/Pitkin County Housing Authority, as amended. The proposed units may be rental units, including but not limited to rental units owned by an employer or nonprofit organization, if a legal instrument in a form acceptable to the City Attorney ensures permanent affordability of the units. The City encourages affordable housing units required for lodge development to be rental units associated with the lodge operation and contributing to the long-term viability of the lodge. Units owned by the Aspen/Pitkin County Housing Authority, the City of Aspen, Pitkin County or other similar governmental or quasi-municipal agency shall not be subject to this mandatory "for sale" provision. Staff Findings: The applicant proposes deed restricting the unit as a rental Category 3 unit. The APCHA Board of Directors reviewed the proposal and recommended approval. Staff finds this criterion is met. e. Non-Mitigation Affordable Housing. Affordable housing units that are not required for mitigation, but meet the requirements of Section 26.470.070.4(a-d). The owner of such non-mitigation affordable housing is eligible to receive a Certificate of Affordable Housing Credit pursuant to Chapter 26.540. Staff Findings: The proposed development does not propose non-mitigation affordable housing. Staff finds this criterion is not applicable. 26.470.080. Major Planning and Zoning Commission applications. 1. Expansion or new commercial development. The expansion of an existing commercial building or commercial portion of a mixed-use building or the development of a new commercial building or commercial portion of a mixed-use building shall be approved, approved with conditions or denied by the Planning and Zoning Commission based on general requirements outlined in Section 26.470.050. Staff Findings: The proposed development meets the requirements of 26.470.050, as outlined above. Staff finds this criterion is met. 2. New free-market residential units within a multi-family or mixed-use project. The development of new free-market residential units within a multi-family or mixed-use project shall be approved, approved with conditions or denied by the Planning and Zoning Commission based on the general requirements outlined in Section 26.470.050 above. Exhibit A—Staff Findings,Growth Management Page 4 of 5 Staff Findings: The proposed development meets the requirements of 26470.050, as outlined above. Stafffinds this criterion is met. Exhibit A—Staff Findings,Growth Management Page 5 of 5 Exhibit B—Staff Findings, Subdivision 26.480.050. Review standards. A development application for subdivision review shall comply with the following standards and requirements: A. General requirements. 1. The proposed subdivision shall be compatible with the mix of development in the immediate vicinity of the parcel in terms of density, height, bulk, architecture, landscaping and open space, as well as with any applicable adopted regulatory master plan. Staff Findings: There are no applicable adopted Master Plans for this property. This is a mixed-use building that includes residential and commercial uses, which conforms with and is compatible with the uses in the immediate block and the zone district in general. In addition, the approved Conceptual Commercial Design is consistent with the heights, bulk, open space, and architecture in the area. The applicant is providing on-site open space (public amenity space) and is required to pay an additional cash-in-lieu fee for space that is being removed to accommodate accessibility improvements, which was approved as part of their Conceptual Commercial Design Review. Staff finds this criterion is met. 2. The proposed subdivision shall be consistent with the character of existing land uses in the area. Staff Findings: The development meets all of the dimensional and use requirements of the Commercial Core (CC) zone district and the area. Staff finds this criterion is met. 3. The proposed subdivision shall not adversely affect the future development of surrounding areas. Staff Findings: The development does not adversely affect future development in the area. It complies with zoning and is consistent with the other subdivisions in the area. Staff finds this criterion is met. 4. The proposed subdivision shall be in compliance with all applicable requirements of this Title. Staff Findings: The proposed subdivision complies with all applicable requirements of the Land Use Code. Staff finds this criterion is met. B. Suitability of land for subdivision. 1. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety or welfare of the residents in the proposed subdivision. Exhibit B—Staff Findings, Subdivision Page 1 of 3 2. Spatial pattern efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. Staff Findings: The proposed subdivision is located on a parcel suitable for the subdivision. There are no known hazards and no steep topography. In addition, the proposed subdivision is in a single mixed-use building so the spatial pattern is efficient. Existing services will be used, and any costs associated with upgrades to service, including to utility service will be borne by the applicant. Stafffinds this criterion is met. C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the following conditions have been met: 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with an applicable adopted regulatory plan, Title 28, the municipal code, the existing, neighboring development areas and/or the goals of the community. 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. Staff Findings: The proposed development meets the requirements of 26.580. The Engineering Department has reviewed the proposal and conditions have been added to the Resolution to ensure all Engineering requirements are met. Stafffinds this criterion is met. D. Affordable housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Section 26.470.070.5, Demolition or redevelopment of multi-family housing. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. Staff Findings: The proposed development meets the requirements of 26.470. Stafffinds this criterion is met. E. School land dedication. Compliance with the School land dedication standards set forth at Chapter 26.620. Staff Findings: The applicant will comply with all required school land dedication requirements. A cash-in-lieu payment will be made as part of the building permit. Staff finds this criterion is met. F. Growth management approval. Subdivision approval may only be granted to applications for which all growth management development allotments have been granted or growth management exemptions have been obtained, pursuant to Chapter 26.470. Subdivision approval may be granted to create a parcel(s) zoned Affordable Housing Planned Unit Development (AH-PUD) without first obtaining growth management Exhibit B—Staff Findings, Subdivision Page 2 of 3 approvals if the newly created parcel(s) is required to obtain such growth management approvals prior to development through a legal instrument acceptable to the City Attorney. Staff Findings: The proposed development meets the requirements of the Growth Management Quota System, Chapter 26.470. If the growth management requests are granted by the Planning and Zoning Commission, this criterion will be met. . Exhibit B—Staff Findings, Subdivision Page 3 of 3 Exhibit C - Boogies DRC Comments Building • This addition may cause the building to be reclassified from VB to V A. This will require the addition of fire rated structure and assemblies. • The addition at the commercial level will trigger the toilet rooms to meet ICC/ANSI for accessibility. • The plans do not show but the elevation does show a door to the street from the ADU and Free market unit. This door is required to the street fagade and will not be permitted to swing into the ROW. Utilities • The applicant should do load calculations now and meet with the department to review in order to better prepare for the building permit • Due to a low roof (non-conforming with standards) above the existing transformer and Non-conformance to Electrical codes the existing transformer cannot be upsized in place. Most likely the transformers at Aspen Core/ Little Armies will not be able to be used by this developer as capacity is being reserved for those developments. Due to these constraints, a new transformer location may be the best option. Fire • All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Environmental Health • No Comments. Trash/Recycling area meets requirements. Parking • No Comments Zoning • The calculation for existing floor area is not accurate. sheet E-102 the stair at South East corner should not be included. • Storage in Basement: sheet A-101 Proposed floor area calculations, and sheet A-106 Net leasable: indicate for whom the storage is proposed, for example commercial or residential. • Proposed "exterior roof garden" not calculated as deck exemption. No access to the area is permitted. • Roof mechanical sheet A-105; no information provided. • Page 17 gives details on proposed square footage but not proposed floor area. Is the deck exemption for the free market unit really 470 pursuant sheet A-103? The deck exemption is based on allowable floor area per use, not including the bonus of the TDR. • Proposed elevations have the chimney which was not approved by HPC. See exhibit 2, HPC Resolution No. 16 (Series of 2012). Exhibit C—Boogies DRC Comments Page 1 of 4 • Elevations (sheet A-112) and floor plan (sheet A109) indicate a door at the North elevation of the third floor free market unit. The roof at the third level has not been counted toward `deck exemption'. And the brick parapet shields the use. Is it intended for mechanical? Parks • Landscaping and Sidewalk Landscaped area: Landscaping in the public right of way will be subject to landscaping in the ROW requirements, Chapter 21.20. There shall be no plantings within the City ROW which are not approved by the City Parks Department and the Engineering Department. • Tree Permit: If a tree(s) is requested for removal, the applicant will be required to receive an approved tree removal permit per City Code 13.20, this includes impacts under the drip line of the tree. Parks is requiring that the tree permit be approved prior to approval of the demo and/or building permits. If a permit is necessary, contact the City Forester at 920-5120. Mitigation for removals will be paid cash in lieu or on site per City Code 13.20. Parks will approve a final landscape plan during the review of the tree removal permit based on the landscape estimates. • Tree Protection: A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site and their represented drip lines. A formal plan indicating the location of the tree protection will be required for the bldg permit set. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site. This fence must be inspected by the city forester or his/her designee (920-5120) before any construction activities are to commence. As referenced in Chapter 13.20 Engineering • These comments are not intended to be exclusive, but an initial response to the project packet submitted for purpose of the DRC meeting. • Drainage: • General note: The design for the site must meet the Urban Runoff Management Plan Requirements. Staff was not able to determine whether or not the site will meet these requirements. A full review will be completed when there is enough information to review. • A compliant drainage plan must be submitted with a building permit application. This includes detaining and providing water quality for the entire site. If the site chooses fee-in-lieu of detention (FIL), it can only be applied to existing impervious areas all new areas will need to discharge at historic rates. Any detention requirements covered under the FIL option must discharge directly to the City's stormwater infrastructure. • Staff was unable to determine whether or not the site is able to meet all the Drainage Principals: 1. Consider stormwater quality needs early in the design process. 2. Use the entire site when planning for stormwater quality treatment. 3. Avoid unnecessary impervious area. 4. Reduce runoff rates and volumes to more closely match natural conditions. 5. Integrate stormwater quality management and flood control. Exhibit C—Boogies DRC Comments Page 2 of 4 6. Develop stormwater quality facilities that enhance the site, the community, and the environment. 7. Use a treatment train approach. 8. Design sustainable facilities that can be safely maintained. 9. Design and maintain facilities with public safety in mind. • Sidewalk and Curb and Gutter: • General note: All sidewalk, curb and gutter must meet the Engineering Standards as outlined in Title 21. • As of March 13, 2013, the sidewalk was in acceptable condition and did not require replacement. The curb and gutter was damaged and should be replaced. Should the sidewalk, curb or gutter be damaged as a result of construction activities, it will be the property owner's responsibility to repair the damage as described in Title 21. • Construction Management—Engineering is concerned about the Construction Impacts of this site. The plan shall describe mitigation for: parking, staging/encroachments, and truck traffic. Note that the current code does not allow for any encroachments during the on-seasons (November 1 —April 15 and June I —Labor Day). • Excavation Stabilization—Due to the proximity of the neighboring property, the City will require an excavation stabilization plan prior for any excavation. The plan should be submitted with the building permit submittal. • Fee in Lieu—This project is considered a Major project and can opt to pay the Fee in Lieu for a portion of the detention requirements. Please refer to Section 2.12.140 of the Municipal Code. APCHA • The APCHA Board reviewed the application at their regular meeting held April 3, 2013 and finds the proposal consistent with the provisions of the current code regarding the use of the existing one-bedroom unit for mitigation of the proposed commercial and residential expansion. If using the on-site unit for mitigation is approved, the development would be allotted one point to the overall GMQS score. Sanitation • Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. • ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. • On-site utility plans require approval by ACSD. • Oil and Grease interceptors (NOT traps) are required for all food processing establishment. Locations of food processing shall be identified prior to building permit. Even though the commercial space is tenet finish, interceptors will be required at this time if food processing establishments are anticipated for this project. ACSD will not approve service to food processing establishments retrofitted for this use by small under counter TRAPS at a later date. • Oil and Sand separators are required for parking garages and vehicle maintenance establishments. Exhibit C—Boogies DRC Comments Page 3 of 4 • Driveway entrance drains must drain to drywells. • Elevator shaft drains must flow thru o/s interceptor • Old service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements. • Below grade development may require installation of a pumping system. • One tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single service line. • Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. • All ACSD fees must be paid prior to the issuance of a building permit. Peg in our office can develop an estimate for this project once detailed plans have been made available to the district. • Where additional development would produce flows that would exceed the planned reserve capacity of the existing system (collection system and or treatment system) an additional proportionate fee will be assessed to eliminate the downstream collection system or treatment capacity constraint. Additional proportionate fees would be collected over time from all development in the area of concern in order to fund the improvements needed. • Glycol heating and snow melt systems must be designed to prohibit and discharge of glycol to any portion of the public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. • Soil Nails are not allowed in the public ROW above ASCD main sewer lines and within 3 feet vertically below an ACSD main sewer line. • We can comment on this application in greater detail once detailed plans have been submitted to the District. Exhibit C—Boogies DRC Comments Page 4 of 4 Jessica Garrow From: Duffy Hurwin <duffyhurwin @gmail.com> Sent: Thursday, April 04, 2013 1:35 PM To: jessica.garrow @ci.aspen.co.us Cc: Warren Klug; chunke @vogellaw.com Subject: Boogies Building proposed expansion To: Aspen Planning and Zoning Commission From: Ron and Duffy Hurwin We own a condominium #319 at Aspen Square 617 E. Cooper Ave. Our condo is on the 3rd floor of the Aspen Square Building exactly caddy corner to Boogies. The height increase will directly negatively impact our view of Red Mountain and beyond and we believe the height increase will also negatively impact our property value as well as values of other units in our building. For this reason we are very opposed to this project. We do not have a problem with the Boogies building as it is nor are we opposed to them tenting in the roof area during inclement weather. But we are very opposed to adding a story or more and the roof that would raise the height of the building by at least another 10-12 feet. As is, we have seen the view obstruction created by the new art museum and how this has blocked the view for al[t I he north facing Aspen Square units. We don't know how a project of this height was passed in the downtown area of lower height buildings and do not wish to see any more view obstructions. These taller buildings are not characteristic of historic Aspen architecture and are a dangerous trend and blight. Sincerely, Duffy and Ron Hurwin i I poss ARCHITECTURE+PLANNING - - — — — — — — — — — — — — — —!--— — — — -—— — — — — — — — — — — — — — — — — — — — — — — — — — — —— — — — — — — — co—IramY9 . Al sD o1.14.1b F.IR CALCULATIONS s� ot.zs.la"'RCALCULTIONS sN SD 02.1 i.13 SLTBDI%OSIONAPP .,/ / o4.De.13 suBDIVISION APP-.��;,m 372 SO R CITY OF ASPEN Ni i i Ue.k:-1 Js IM�KT ANXII 534 EAST COOPER ON .:://./ '% UMQS/SUBDIVISION APPI-lakT10N /14 SO FT ASPEN,COLORADO V. A b•i I I I ELEVAS ELCV \/ � // / �. �� / � _ / / BUILDING FLOOR AREA (EXISTING) CONMERGLN NONUNR AHD COMNERCIALDECI( BASEMENT LM 3816(-.pU 786 0 0 GROUND LEVEL 4823 170 179 0 MEVANINE LEVEL 2199 0 730 1153 PROJECTNO. ROOF LEVEL 0 0 0 0 220100 DWG FOE BOOGIES EXISTING PLANS.d- SUB-TOTAL 7022 1 0 909 1153 SHEET IIUf i ADDED NONUW SPACF 0 0 ADDEDDEG.I.E D D EXIS7iNGRASEMEN?LEVEL (floor arrn) rorALFAR 1 7022sNn 956:9n 9D9san 1 1153sgn 1 EXISTING BASEMENT LEVEL E-101 r ©2013 i�CxR�wuoau�itrs. MAE OR ZEE posy ENE] ARCHITECTURE+PLANNING - - - - - - - - - - - - - r , / /, Ii157p 19P55 Ae e(FIx9 SD 01.19.13 F.AR CALCULATIONS SD 01.2813 F CALCULATIONS SD 02.3.13 SLIBDMION APP ED 09.0613 SUBDMION APE,—i— UNTIE/fHASHAtECYCIF x ----- -- --------- 534 EAST COOPER / N APPLI(: ASPEN.COLOP.ADOATWN / zz 3 5 AHU — F100R IREA 1]050Fl •BUILDING FLOOR AREA (EXISTING) COMMERCIAL NDNUNN AND COMNERLI/L DECX BASEMEN LFV4L 38161eemptl 786 0 0 GROUND LEVEL 4873 170 179 0 E= MERANINELEVEL 7199 0 730 1153 ROOF LEVEL 0 0 0 0 PROJECT NO :2014.00 0146 FILE: SUB-TOTAL 7072 0 909 1153 BOOGIES EXISTING PLANS.du ED NONUNR SPA CE 0 D AOOED DELXSPA:E 0 0 SHEET BILE TOTAL FAR 7077:an 956 sRN 909 ARN 1153sAN EXISTING GROUND LEVEL (EUUr area) y 1 EXISTING GROUND LEVEL E-102 ©2013 K., UMWA ,- I� II posy ARCHITECTURE+PLANNING \ OPEN TO BELOW m y� z IvlX9� ca�suttam EXISTING CPNV.lS / STRUCTURE SD 11-11 TI FAR C.4LCUL�TIONE SD 0118.13 FAR CALCUL4TIONS `\ SD 02.13.13 SUBDMSION APP SD O4:0 SUBDIVISION APP-misi.m 534 EAST COOPER � I GMQSh UBU1VISION VVLIU:TICIN ASPSN,COLOMDO \ i PROIEMNO. 22014.00 ow Fut BOOGIES FJCS'FINIG PLINS.Jw; SHEET TIRE 1 EXISTING ROOF LEVEL EXISTING ROOF LEVEL (Floor area) E-104 !.2013 x i posy ARCHITECTURE+PLANNING I',i,'�•_L•I_ t .f.: OPEN TO BELOW -------- ----------- I 1 U _ 3 0 I \ I \ I� \ EXISTING STRUCTURE \ nl ss s wrss rlFiwnzari szsoz 1 I ARU - rOOR AREA EXTERIOR 73omrr -- f' DECK 1153 SO FI I� 0 AHU RfSIDE'NT1AL, _ :a �I UNIT•"- ±' - - II i� iI OPEN TO BELOW I / / ///'/ / / SD 01.17.13 FAR C.ILCUL4TIONS ED 01.28.13 FAA CALCULATIONS SD 02.15.13 SUDDMION.APP /:� 04.OA13 SUBDI�SION.APP-rtvlsrm OPEN TO BELOW 534 EAST COOPER ELEVATOR ,/ ' j / / % / / �:7 ASPEn Co OR.wDC) uc�noN BUILDING FLOOR AREA (EXISTING) COMMERCIAL NONUNR AHU COMMERCIAL DECK BASEMENT LEVEL 3816Iemmgtl 786 p GROUND LEVEL 4823 0 0 179 0 Q ME72ANINELEVEL 2199 O 730 53 o° ROOF LEVEL 0 0 0 0 PROJECT NO 22014.00 c SUB-TOTAL 7022 p Owl.FRL BO9 53 ° ADDED NDNUNR SPACE 0 ➢OOGIFS EMSI'[NG PL4VG.dwa a v ADDED DECK SPACE 0 0 SHEET TIRE TOTAL FAR 7022sgN 956 sqN 909 sqX 1153 sqN EXISTING MEZZANINE LEVEL (fl—T­H) gR EXISTING MEZZANINE LEVEL Eloz E-103 ds ©2013°g, mnwnra�rvaivs�v ci9es��ewm':c�s°aiu poss ARCHITECTURE+PLANNING FE r �/ / / /, / „/ / / /, , COMNERCVINE / /;, // �� / /// / / // � /// / / / �//� / / //// � LEABAOLE AflfA ,/ /.- /, � //. /�/' .//;" ;� / / / 1s4tsoFT / / / , ;; ,/ L6 SID R S ol A C.'j_CL[L TjoNS /' / ,/ / ,/./ /. i / ,/ / / / / / i /// i/ / /// /,. / // ////..,/ �// / / ;... /, / // / �/ , ' / / -./ // / //r / 'F cAj-cuLATIoms SD 02.15.13 SUBDRqSION APP // /%// // j / /i' /// <; / ; / / // /// ;�. //,./ ; //// // / // ; ED o4.oa.13 SUBF)WISIONAPP—W- --------------- �� ;'� -%-' �/ / ' / i/ %/ /// ,! / ,;� Tf' / j.// / / %'. it SERVI E YARD ./ / / , ///. / // / i ,' / / / ! // / r r.. // '/ / // / 534 EAST COOPER GMQS/SU5DfVISI0NAPPL-lUkTIL)N -------------------------------- ASPEN,COLORADO All, M/Z DN ELEVATOR / // �/ �%/ ;�/;// / / /,%' / ,;> ,�' %%' ;/Gj /�i// �/ // up CONMERDIALANDMU 40 LIVABLE&NET com ERCKL NET LEASABLE AHUNEILIVABLEAREA (,isti,el AREA BASEMENT 3590 D PROJECT NO: GROUNDLM 4541 o 12314.o0 ME72ANIFIELEYEt 2248 654 DWG FILE; BOOGIES MSrlNG?LANS.dn RooFlEvEI SHEET 1111 TOTAL 10379s9ft 65e sq ft EXISTING GROU N D LEVEL (—t livable&net leasable) EXISTING GROUND LEVEL E-106 mmsrtrwam W.— a—larzai:91=11111 poss ARCHITECTURE+PLANNING F- — — — — — — — — — — — — — — — — — — — —I— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — RWA, 11-3 V// All tonsunam /!% / OM IALj // ' j/ ;� / ' � CONNERCIALNN �' ','� ..'�%/ /; /;/:' ;' // �/ ; ,/ / / ,� 590 SO Ff / /:, /,:.,../ ,,,,, /-/ % .'�j/ //�,/ ,... ,�- ;� /� / / ///; jj /// �:. / /' // / j/ ./,:/ � issue /.;'/ / /' ; / / //' / /,; / / /....... ..... SD 011417 FAR CALCULATION'S �. j / / /' / / /:/ !// / SD/ / / / ./ 0 FAR CALCULATIONS /; /// j / /�/ /' //� � /. /� / / /,� - /�/ j%r D .15.13 SUBDMSION APP SD 04.08.13 SLJBDMSI0NAPP--kj- IRV/, MECHANICAL ROOM 534 EAST COOPER ASPEN,COLORADO ELEVATOR a OP � i I i i I j ABOVE MECH j /� /�.. / // / / / // COMMERCIAL mo mu a NET LIVABLE L NET ERCIAL NET LEASABLE MU NET LIVABLE AREA (s"ing) AREA "Mm BASEMENT 3590 0 GROUND LEVEL 4541 0 PROJECTNO; MEZZANINE LEVEL 2248 654 27 1114.00 ROOF LEVEL 0 0 Dw.FILE zs— BOOGIES MIrING PLANSAn TOTAL 10379 q ft 651 sA ft SHEET UFLE EXISTING 3 BASEMENT LEVEL o (net livable&net 1—bk) EXISTING BASEMENT LEVEL Q0111 7 E-105 (D 2013 c±; —T— [M-07 posy ARCHITECTURE+PLANNING 3 OPEN 70 BE7IXV \ t II v ,'/ I� A Consultant CANVAS STRUCTURE II 11 lea rting) j II EXTERIOR DECK open TO eELrnA Lzzve SD 01.14.13 FARCALCULATIONS SD 0138.13 FAR G gSIONA'ITONS SD 02.15.13 FARC-AOSIONAPP IIIIIIIIIIIII / SD 04.08.13 SUDDMSION.4I'P-muirni CON ERCIALNEf LEASABLE AREA // OPEN TO BELOW 534 EAST COOPER ASPEN,UBUNISIUN APPLICATION OPEN TO BELOW ASPEN,COLORADO EQ5 z EQ o COMMERCIALANDAHU NET LIVABLE A NET LEASABLE AREAS COMMERCIAL NET LEASABLE A NET LIVABLE AREA E lexistingl AREA BASEMENT 3590 0 GROUND LEVEL 4541 0 PROIECTWO: ME22ANINE LEVEL 2248 654 22014.00 p DW ROOT LEVEL D G FILL DOOGIFS EMSTING PLWS.J� S TOTAL 10379 sq N 654 sq N SHEET 1111E EXISTING MEZZANINE LEVEL (net li nble&net leasable) 1 EXISTING MEZZANINE LEVEL eg E.lC7 A,A..I.P E-107 ©2013 x< ig �$ �MS:nscuu wousasFnaawmxuor. poss ARCHITECTURE+PLANNING � a NONUNT FLOOR AREA 330SOFl copaplam 1 /�' / / COMNERCIA FLOOR SaFl / / / / / , SD 01341)FAR CALCUL{TIOI.S 01.28.13 UBDI S ECULAT10N5 ED 02.18.13 SUBDIVISION-APP ED N.08.13 suBDlvlstoN.ArP-maim, UTILITY7FRASHIRECYCLE AREA GHSE 534 EAST COOPER ASPEN,COLORADO BUILDING FLOOR AREA Imposes COMMERCIAL NONUNR RESIDENTIAL AMU COMMERCIAL DECK RESIDENTIAL DECK NOTES BASEMENT i-.Pb 3816 Ieampl lorcommemial fmama opM 786 D 0 0 0 GROUND LEVEL 4693 592 0 0 0 0 MEZZANINE LEVEL 2719 $16 0 759 424 O THIRD LEVEL 0 145(—PU 2453 0 0 821 PROJECT NO. SUB-TOTAL 7412(11,22A lar non-pnN Cag7 1894 2453 759 424 82)(+351) 2101100 ADDED NOHOW SPICE 1307 284 95 DWG FOE: ADDED DECK SPACE 351 RESIDENTIAL DECK ALLOWABLE=470 SOFT POOCHES PROPOSED PI-ANSAn TOTAL FAR 8719 sq N 3088 sq N 854 sq N SHEET 7IILf TOTAL FOR NONUNTI ALLOCATION COMMERCIAL FLOOR AREA FI1,228)+FREE MARKET RESIDNETIAL FLOOR AREA(2453)+AHU FLOOR AREA(759)+NONUNII(389!1=JUN PROPOSED GROUND LEVEL (PUUr arre� it RONUNTI SO FT ALLOCATION PERCENGGE; 1 PROPOSED GROUND LEVEL PERCENTTOCOMMERCLAL=11.228/16,334=69% 3894[.69=130] PERCENT TO RESIDENTIAL=2453116.334=15% 199405=2U PERCENT TO AHU=759116,33!=.05% 1894,.05=95 ^ A-102 ©2013°uc,er ap onEe ess��.c'`"vie+i'1R posy ARCHITECTURE+PLANNING - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I �/I�'1 ���/ l' j" - 3816 SOFT FAR CALCU CALCUL4TIONS \ \�/\77/�/'_. / : % / SD 021613 SUBDIVISION APE �' SD 04.08.13 SUBDIVIION APP--w- RECEIVED APR 8 2013 CITY OF ASPEN / /DH 0 ICAL / / // j j R/ / ///' CC�F�iM N I I 1 NVELO`E 1 "oOR >, 534 EAST COOPER / ;.; ASPEN,S DIVISION APPL[(:ATIUN ASPEN,COLORADO v / . `/ / � u u u s o BUILDING FLOCR AREA (­m COMMERCIAL NONUNR RESIDENTIAL AHD COMMERCIAL DECK RESIDEMIAL DECK NOTES •BASEMENT(-.PO 3816(—pt lar com.—.1 Romema o.W 796 0 0 0 E o GROUND LEVEL 4693 592 0 0 0 0 ZE o ME72MINELM 2719 516 0 759 424 0 E THIRD LM 0 445(ttempU 2453 0 0 821 PROJECT NO SUB-TOTAL 7112(11128 hr non-""HOks) 199{ 2153 759 424 8211+3511 2201400 DWG FILE ° ADDED NONUNR SPACE 1307 284 95 BOOGIES PROPOSED I'L4NS.d, o ADDED DECK SPACE 351 FT RESIDENTIAL DECK ALLOWABLE=470 SO —° TOTAL FAR 8719 sgIt 3088 iqN 854 sqN SHEET TIILF PROPOSED BASEMENT LEVEL °o TOTAL FOR NONUHTI ALLOCATION;COMMERCIAL FLOOR AREA(11,228)+FREE MARIO RESIDNETNIL FLOOR AREA(2453)+AHU FLOOR AREA(759; WHERE(1894)=IL3 34 (EIuuT areR� xonuNrtsGn ALLOCATION PERCENTAGE, PROPOSED BASEMENT LEVEL, PERCENT TO COMMERCIAL=11,228/76,334=69% 1991x.69=1307 A-IOI va,u PERCENT TO RESIDENTIAL.2453/16,334.15% 1894,.15=284 PERCENT TO AHU=759/16,334=.05% 18N x.05=95 A-101 J ©2013 MA'—,,W,x.Arc ei g o: 4i- mncnttNp vp,or�F,gmrm,c,R,oina poss xoxuxD ARCHITECTURE+PLANNING BOOR AREA n sD D IQ,nAu V F R A x `\ FLOO OR AREA PRO ED OPEN 70 BELOW \ 196 SO FT / VA / le¢mpU y L �\ / ROOF sr[ j ITI 9150 1 1111 SIFIR9 o 111. NOW 257 80FT RESIDENTIAL FLOOR AREA 2453 SO I .1 - - - - Issue - ED 01.14.11 FARCALCULaTTONS - SD 01.28.13 FAR CALCULATIONS - - SD OZ.li.11 SUBDMSIUN.II'P 5 O`.1 evuu+n 'FREE,. SD 04.08.13 SLBDR7 I MP-r 6tARKEi RESIDENTIAL','.',',','.',','.'..'.';'.'.'.•.•.'.'.'.".'.'.'.•••;•.'.•.•••••.•.•• ;' - •;WNI,T; - - ROM 1 1 DECK ,�• 564 sDFr rr �r. \\ _ EXTERIOR I' - ROOF N GARDE �.'.'.'.'.'.'.'.'.'. / \ i•'.'.'.'.'.'.'.'.'. '1 534 EAST COOPER / ' N (6MCj5/SU13UlVISION.iPl'I1c-�TlON � �I ASPEN,COLORADO X X / / /. xaxuxrt I FLODa AxFA m sa Fr (emmPO BUILDING FLOOR AREA Ipmo.W COMMERCIAL NONUMF RESIDENTIAL AMU COMMERCIALDECK AESIOEMIALDECN NOTE BASEMENT(mmpU 3816(—.W..for commemial Boor area onyl 786 0 0 0 0 GROUND LEVEL A693 592 0 0 0 0 ME22ANINE LEVEL 2719 516 0 759 AN 0 THIRD LEVEL 0 445(mmpO 2453 0 0 821 Pa01ECTNQ 1894 2453 759 424 8211+351) 22014.00 SUB-TOTAL 7112(I1,220 for npn-undcaksl DWu FLLf: ADDED NOMUND SPACE 1307 281 95 DOOCIES PROPOSED PL1NSd, ADDED DECK SPACE 351 RESIDEM14 DECK ALLOWABLE-470 M H TOTAL FAR 8719,q N 3088 sR N 854 sO D SHEET TRLE PROPOSED THIRD LEVEL TOTAL FOR NONUNO ALLOCATION;COMMERCIAL FLOOR AREA(11,228)+FREE MARKET RESIDNETIAL FLOORAREA(2453)+AHU FLOOR AREA(759)t NONUNG(1894)=16,334 (rIUUT ar d� NONUIFF SO FT ALLOCATION PERCEMAGE �11 PROPOSED THIRD LEVEL PERCEMTO COMMERCIAL=IIZ28116,334=69% 11194,0=1307 PERCENT TO RESIDEM19=2453/16,334=15% 11194a.I5=284 A-104 PERCENTTO AND=759/16,334=.05% 1894x,05=95 0 2013 posy ARCHITECTURE+PLANNING / �x NUNIT UP FLOOR AREA NO pp0. FD OPEN TO Ba0.V / 341SO FT 'E,6AT \\ \ i�R T� .�•�Ate': lam'. \ OUTDOOR \\ fis s io�92M sin s:rya ca DECK / AREA \ • 424 SO FT RESIDERIAI _ COMNERCIL . . . . . . . . . . . . . . . '..RAE. aOOR IAEA 59808 / .' .'`•••••••• 2]19 SD FT / / 0 / / . ..AHU.'.'.'.'.•...... ........ . .•...•.:. i. � . . . . . . . . .'.R�$tDEN71At•.'.'.•.'.'.'.'.'.'.'.'.'.'.'.'.'. ' / EG � //�� OPENTOBELDN / / •'/ / ! ,/ / Isms SD 01.1-013 FAR CALCDL{T1ONS 1.28.13 FAR CALCLIL47ION5 SD 04.O8.11 SUBDMSION APP--ki / OPEN TO BELOW / / Al }/ / � / � / 534 EAST COOPER �' !; ".:, GMQS/SUBDIVISION APPLIL_1TION g\,/ \/ ./ ASPEN,COLORADO 5 p BUILDING FLOOR AREA (Pm.n ) COMMERCIAL NONUNR RESIDER& AHU COMMERCIAL OECK RESIDENTIAL DECK NOTES _ BASEMENT(—Q 3816(—pt for.—dm fi.—wfi 786 0 0 0 0 o GROUND LEVEL 4693 592 0 0 0 0 o MRWINELEVEL 2719 516 0 759 424 0 E THIRD LEVEL 0 I15(exemp0 2453 0 0 821 PROIECi NP. SUB-TOTAL 7112(11,228 for no-Acks) 109! 2453 759 424 821(+3511 DWELL 10 DWG FIE ° ADDED NONUMf SPACE 1307 28! 95 BOOGIES PROPOSED PL1NSJwg ADDED OECKSPACE 351 RESIDENTIAL DECK ALLOWABLE=47050 FT TOTUMR 0719 q ft 3008 s4 ft 854 s9N _ SHEET TIRE PROPOSED MEZZANINE LEVEL ° TOT&FOR NONUNO ALLOCATION;COMMERCIAL FLOOR AREA(11.228) FREE MARKET RESIDNETIAL FLOOR AREA(2453) AHU FLOOR AREA(7591+NORIMI(1894)=IV34 (ftuui dTed� o NONUNRSOFT ALLOCATION PERCENTAGE; I PROPOSED MEZZANINE LEVEL PERCENT TO COMMERCIAL=11,228116.334=69% 1894 x b9=1307 c� PERCENT TO RESIDENTIAL=2153/16,334=15% 7891x.15=281 /� PERCENT TO AND=759/16,33!=.OS% 1894x.05=95 A-1 0 J S k J . - p 2013�`c�r�—. a 9 �x¢�'=`ux°rtnn°srnnu.w rim c� wnwnrE�en xooiR.usurtoACm.r_vic poss ARCHITECTURE PLANNING r- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I I / �it� /;/ I, / /' COMNERCAL NET � �/ // r /// '� % :' � LEABABLEFLOOR �'�� ,'/� � ,., / //,�� �:j/ ., CIA / //., ,. _ //j // ",'� / 35850 Ff // ",,'" / __/ / ,/ ;''% /j ////.. /��- '. � ' / / / / / % // // / / / i/ / /�/ / �// /�4 A All ED 01.13.13 FAR CALC:UL-ATIONS ED 01.28.13 SFAURBDCMALCULNATIO NS r� � �.� / / / / / "/ / // // / ED// � � // �i / �// ��" / /� .� % /% 021513 SIONAPP ED ,..13 SUBDVSIOAPP-- j- I ON /// X UNW/1 No MECHANICAL ROOM Z 534 EAST COOPER /; .% //// /, j � / / ,.j UMQS/SLJBDIVISIL)NA?PLlUkTI0N ASPEN,COLORADO I ELEVATOR ELEVATOR �.' "/ /:/ / /j// �/ / / // UP 1 I i I 1 I I ABOVE MECN ,/ :,/ / / ,/ /' / . 1 1 /,/// Aom/az /// / / / / /// /, //// �/ COMMERCIALAWAHLI XIEI LEASABLE AM NET UVABLE AREAS (PRWM) COMMERCIAL NET LEASABLE AREA AHU NET LIVABLE AREA FREE MARKEI NET UVABLE AREA BASEMENT 3588 0 0 GROUND LREL 4426 0 0 PROJECTIRD. ME22ARIK LEVEL 2657 705 0 2201400 THIRD LEVEL D 0 2307 DWG FIE BOOGIES PROPOSED PLANSA- TOTAL 10671 sq ft 7D5 q ft 2307 q ft SHEET TIRE PROPOSED BASEMENT LEVEL (—t lip-able&net I—bW PROPOSED BASEMENT LEVEL A-106 22111 posy ARCHITECTURE+PLANNING \ \ i \ \ / OPEN TO BELOW \ \ \ _ \\` // / ROOF ROOF / \ DECK IF / < \ \ \ \ \\ SD 01.14.13 FAR CALCUL{TIONS SID 02.li.1]SD SUBDIIA IONAPONS \ / PROPOSED RAT \\ \\ SD 04.08.13 SUBDMSIONAPP--4j- /\ /'\ ( ROOF ROOT `.\ / �� ( \'•� , A\ / DECK EXTERIOR RODE GARDEN 534 EAST COOPER OMQS/SUBDIVISION.APPLIGSION �\ \ ASPEN,COLORADO Z S BUILDING FLOUR AREA (pmpnss0) COMMERCIAL NONUNR RESIDENTIAL AHU CONMERCIALDECK RESIDENTIAL DECK NOTES BASEMENT(-.PO 3816 I—U 3721-01 0 0 0 0 m GROUND LEVEL 4693 592 0 0 0 0 MEZZANINELEVEL 2719 516 0 759 424 0 E THIRD IEBII 0 4451eumpU 2d53 0 0 821 PROIECTNO: 32014.00 ° SUB-TOTAL 7412 HOB 2453 759 424 8211x3511 o DWG FAA: m ADDED HONUNRSPACE 776 255 78 BOOGIES PROPOSED PLA1\1&d z ° ADDED DECK SPACE 351 RESIDENTIAL DECK ALL OWABLE=470 SO FT TOTAL FAR 8188 q n 3059,q N N 837 sq SHEET TITLE PROPOSED ROOF LEVEL m° TOTAL FOR NONUNR AILOCA[ION,COMMERCIAL FLOOR AREA(7412) FREE MARKET RESIDNEiMl FLOOR AREA(2453) AHU ROOK AREA(7S)=10,624 PROPOSED ROOF LEVEL (FlVUT ATCM) xonunR sa FT ALLOCATION PERCENTAGE N PERCENTTOCOMNEBCIAl=7117/10,624=70X IIOAi.70=77fi PERCENT TO RESIDENRAL=2453110.624=23% IIOBx23=255 A 105 PERCENT TO MU=759110.624=.7% 11082.07=78 h� i$ o� S mMC UR umonc+exsxoamscmq poss ARCHITECTURE+PLANNING UP PROPOSED OPEN TO BELOW \ ELEVATOR \ Dx \ 0 \ � '� \\ fT19 ly9 z�5 ST>55 ,IT[IF9 oifz 29599 \\ C995u1uM OUTDOOR %' DECK \ AREA \ •AHO NEI LNABLE FLDDR AREA . 70550 f7 /�J • - •' CONNERCML tki / �/ /j/ /' ' .'RESIDENTIAL'. . . / / 1E FA O 8 U 2657 . / / / aPEN rOBELOW Issu[ / / SD 01.19.13 FAR C.11NL{7TONS SD 02.18.13 F.kRC-{1CULk"TIONS SD 02.15.13 SUBDMSION.{PP l` :� �%/ SD 04.08.13 SUBDIV[S1UN.{I'P-revuinn i / . . . . . . . . .' . . . . . . . . . . / /� / � OPEN i0 BELOW 534 EAST COOPER UBDIVLSIONAPPi11TION(- UP OML1S/S i/" / / : i.. ASPEN.COLOR-kDO ,I ill COMNERCIALANDAHU MET LEASABLE AND NET LIVABLE AREAS (PROPOSEOI COMMERCIAL NET LEASABLE AREA AIIU NET UVARLE AREA FREE MARKET NET LMABLE AREA BASEMENT 3588 0 0 GROUND LEIFL 4425 0 0 MEZIANIHE LEVEL 2657 705 0 PROTECT NO. THIRD LEVEL 0 2397 12019.00 DWG FR IOTA 10671 9q X 705 sq It 2307 sq R DOGGIES PROPOSED PLkVS.d. SHEET ME PROPSED MEZZANINE LEVEL PROPOSED MEZZANINE LEVEL (net livable&net leasable) A-108 posy ARCHITECTURE+PLANNING UP PROPOSED 7 7 777, ELEVATOR f LEASABLE FLOOR AR 4426 so /,,/ -':/ //;' / / �// � / / SD 01.34.13 MRC.1LCULNTIOMS ' /"/ � /� / % /// / .':'/ ��'Z SD 01.28.13 FAR C.kLCUI-kTIONS ED 02,5 13 SUBDIVISIONAPP �,. /,. / // / / ,;''/ ED OZO6.11 SUBDIVISION-kPF-l-b- ------------------- ME SEANCE � �' ,;' / ,' / /' /� � , � '' � / / //:/ YARD / j / /� / // / / / - // ' / D A/ / /; / i ; " 534 EAST COOPER / �// // / GMQS/UBDJVISION.UPLIU�TION -------------------------------- ASPEEN,'COLOMDO ELEVATOR //�// �/ / / //// / // / i UP ON COMMERCIALMANU o NET LEASABLE AND NE(LIVABLE AREAS o (PROPOSED) COMMERCIAL NET LEASABLE AREA AHU NET LIVABLE AREA FREE MARKET NET LIVABLE AREA o BASEMENT 3588 0 0 GROUNO LEVEL 4426 0 0 MEnANINE LEVEL 2657 70 0 PROJECTNO: THIROLEVEL 0 0 2307 22014.00 OWG I'm S,OoGIESPP.OPOSEDPL-MS.d—. TOT& 10671�lft 705 sq l 2307qft SHEET THU PROPOSED GROUND LEVEL ( PROPOSED GROUND LEVEL -t � 17 A-107 ffi ar posy ARCHITECTURE+PLANNING T \ N PROPOSED OPEN TO BELOW \ % 1 m3 ELEVATOR � uszn ss ROOF rtl s>o Ns j \ Cuns bd ROOF / � DECK \ '•\ _ _ _ Izsuc ftESIDENIIAL 5D 11:'14l)FAR1 UL4TIONS S 0.28.13 FAR CALCVLAT ONS AB D 1 h N LN 0 U MSION.APP 5 02.1�.I)5 BD \ ARFA D um MP-mii .�8.3 SUBDIVISION' 307 S FT SD I z D 6H .� FREE. .\ RESIDENTIAL'.'.'.`.`.'.'.'.'.•.'.'.'.'.'.'.'.`.'.'.'.'.'•'.'.'.'.'•'.'•'•'•'•'.'.'.'• �\ ROOF / DECK �( / \ i EXTERIOR RD° GARDEN 534 EAST COOPER / - UMC1S/SUBDIVISION AI'1'LI(:1TION ASPEN,COLORADO �s \\ DN El \ 5 0 COMMERCIAL AM AMU NET LEASABLE AND NET LIABLE AREAS DMOPOSEB) COMMERCIAL NET LEASABLE AREA AMU NET LIVABLE AREA FREE MARKET NET LIVABLE AREA O o BASEMENT 3588 0 0 GROUND LEVEL 4426 0 0 NE22ANINE t£V71 2657 - 705 0 THIRD LEVEL 0 0 2307 PROIEGTHO: 22034.00 DLW�:IRE: o° TOTAL 10671 q R 705 sA N 2307 sA It BOOGIES PROPOSED PI.ANSd— SHEETTTTLE PROPOSED THIRD LEVEL 1 PROPOSED THIRD LEVEL (—t 1 dl lr&—t I avlr> ry A-109 a 04 uom�n�emlxmaoc ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 6 " � E - C-00mrt, ,Aspen,CO SCHEDULED PUBLIC HEARING DATE: l� ,20} STATE OF COLORADO ) ss. County of Pitkin .)± I, J IM Y (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 hearing. 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 amendmen s. Si nat re The foregoing"Affidavit of Notice"was acknowledged before me this� day of , 20th , by /Z, 1A ) e i t 20 i3 WITNESS MY HAND AND OFFICIAL SEAL My commission expires: 6 ` No is RICHARD J. MENDOZA NOTARY PUBLIC STATE OF COLORADO ATTACHMENTS: My Commission Expires 06/08/2015 COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE(SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL L>r_? -.. LF Place:t?y scalzna;clry Hau_ grsrer CIGea ht:W.'.zy Rm PUfFfOSB: For P8210 corrsl0ar an.F➢i�4a�'nn subnunetl ty_&x+pes eudd!rt9 a( Acpm,LLC,_G'.p Leonard Wulnylass. 5M E Coaper Ava.!or mis propnny. `e app�and�egvests SuGglvisnn and crn..m Atanayimem appmvab i r�i�:b i c0 LEGENDARY r N f . .'SwF^• ... - .. _ -.- i - __ - ... ,. .....- .. -..., - S ✓ ! � M OWN- Place rt F NOW LEGENDARY PUBIC NO�TICE Date : April 16 , 2013 Time : 4 : 30 m Place : 130 S Galena , City Hall Sister Cities Meeting Rm Purpose : For P&Z to consider an application submitted by Boogies Building of Aspen , LLC , c/o Leonard Weinglass, 534 E Cooper Ave, for this property. The applicant requests Subdivision and Growth Management approvals to remodel and expand the building . For more information contact the Aspen Planning Dept at 970-429-2780 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE ADDRESS OF P OPE TY: � ;?e. ���'°�"�'� ,Aspen, CO SCHEDUL D PUBLIC HEARING DATE: /` e_ AG , 20Z3 STATE OF COLORADO ) ) ss. County of Pitkin ) I -3-AIA VV V_ (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 maimer: Publication of notice: By the publication in the legal notice section of all 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) niches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen(15) days prior to the public hearing on the day of . 20_, to and including the date and time re 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 hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of amy documentation that was presented to the public is attached hereto. (continued on next page) Mineral Estate D►vner Notice. By the certified mailing of notice. return receipt requested_ to affected mineral estate owners by at least thirty(30) days prior to the date scheduled for the initial public hearing on the application of development. The nannes and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a mininnun, Subdivisions. SPAS or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezoning or text anrenclnrent. Rnienever the official zonuig 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 all 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 zonrurg map shall be available for public 1nrS Ctron m the planning agency dtuuig all business hours for fifteen (15) da pri r to the public hearing on such arnendnn�rents. Si natur The foregoing"Affidavit of Notice"was acknowledged before me this 14'r-11 day of 20 by WITNESS MY HAND AND OFFICIAL SEAL My commission expires: Notary Public ATTACHMENTS AS APPLICABLE: • COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE(SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C R.S. §2I-65.5-103.3 PUBLIC NOTICE RE: 534 E COOPER AVE—GROWTH MANAGEMENT REVIEW AND SUBDIVISION REVIEW NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, April 16, 2011, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Boogies Building of Aspen, LLC, c/o/ Leonard Weinglass, 534 E Cooper Ave, Aspen, CO 81611, represented by Vann Associates, LLC. The applicant is requesting the following land use reviews: Subdivision, and Growth Management Reviews for New Free-Market Residential Units within a Mixed-Use Building, Minor Expansion of a Commercial, lodge or Mixed-Use Development, and Affordable Housing to remodel and expand the Boogies Building located at 534 E Cooper. For further information, contact Jessica Garro_w at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2780, jessica.garrow@ci.aspen.co.us. s/LJ Erspamer,Chair Aspen Planning and Zoning Commission Published in the Aspen Times on March 28, 2013 City of Aspen Account E=l- - - - - - - - - - - - - - - - 308 HUNTER LLC 4 SKIERS LP 434 EAST COOPER AVENUE LLC 490 WILLIAMS ST 1108 NORFLEET DR CURTIS B SANDERS ESQ DENVER,CO 80218 NASHVILLE,TN 372201412 201 N MILL ST#201 ASPEN,CO 81611 450 SOUTH GALENA ST INVESTORS LLC 520 EAST COOPER PTNRS LLC 610 EAST HYMAN LLC 450 S GALENA ST#202 402 MIDLAND PARK C/O CHARLES CUNNIFFE ASPEN,CO 81611 ASPEN,CO 81611 610 E HYMAN AVE ASPEN,CO 81611 633 SPRING it LLC ABRAMSON FAMILY REV TRUST ADAM P T 416 E COOPER AVE#207 181 SOUTH AVE PO BOX 9066 ASPEN,CO 81611 ALAMO,CA 94507 ASPEN,CO 81612 AGRUSA LISA ANN AJAX MOUNTAIN ASSOCIATES LLC ANDERSON ROBERT M&LOUISE E 2090 W FIRST ST#1010 520 E DURANT ST#207 1021 23RD ST FORT MYERS,FL 33901 ASPEN,CO 81611 CHETEK,WI 54728 ARCADES ASSOCIATES LTD LLC AREP ASPEN SQUARE 406 LLC ASHTON SQUARE LLC C/O KRUGER&CO PO BOX 1546 9204 EMMOTT RD 400 E HYMAN AVE ASPEN,CO 81612 HOUSTON,TX 77040 ASPEN,CO 81611 PEN ART MUSEUM ASPEN GROVE ASSOCIATES LLP ASPEN KOEPPEL LLC - ASPEN N MILL M C/O M&W PROPERTIES 3551 ST GAUDENS RD ASPEN, LL 81611 205 S MILL ST#301A COCONUT GROVE,FL 331336530 ASPEN,CO 81611 RETREAT LLC ASPEN SQUARE 410 LP ASPEN SQUARE VENTURES LLP ASPEN 6536E RETREAT OROUGH 1407 YONGE ST#200 C/O M&W PROPERTIES TORONTO ONTARIO 205 S MILL ST STE 301A SCOTTSDALE,AZ 85251 M4T IY7 CANADA, ASPEN,CO 81611 AV STEIN LLC 19.08% AWALL350 LLC BAISCH BARBARA D 601 E HYMAN AVE 350 BLANCA AVE PO BOX 2127 ASPEN,CO 81611 TAMPA,FL 33606 LA JOLLA,CA 92038 BARBATA ELENA ANDERSON 1/3 BARBATA LAURA ANDERSON 1/3 BARGE RENE TRUST C/O CHARLES SKIPSEY 2040 FRANKLIN ST#607 408 31ST ST PO BOX 2045 SAN FRANSISCO,CA 94109 NEWPORT BEACH,CA 92663 RANCHO SANTE FE,CA 92067 BATTLE GERALD LIVING TRUST BECKER ERNEST&KATHLEEN TRUST BERSCH BLANCHE TRUST HIXON BURT LIVING TRUST 8090 S DURANGO DR#115 9642 YOAKUM DR PO BOX 2847 LAS VEGAS,NV 89113 BEVERLY HILLS,CA 90210 NEWPORT BEACH,CA 92659 eds reel°Labels i A '``' i y Bend along tine to � Q � ®5160® i Peed Paper expose Pop-up EdgeTm Use Averya Template 51600 •BISCHOFF JOHN C BLACK HAWK ASPEN LLC BONCZEK ROBERT R 502 S VIA GOLONDRINA ROECLIFFE COTTAGE JOE MOORES LN PO BOX 2896 TUCSON,AZ 85716-5843 WOODHOUSE EAVES CHAPEL HILL,NC 275152896 LEICESTERSHIRE LE12 8TF ENGLAND, BORGIOTTI CLAUDIO BPOE ASPEN LODGE#224 BRONSON RICHARD L TRUST 50% 10509 HUNTING CREST LN 210 S GALENA ST#21 4510 NE DELAMAR PL VIENNA,VA 22192 ASPEN,CO 81611 LEES SUMMIT,MO 64064 CALGI RAYMOND D CARAS STACY TRUST CAVES KAREN W 134 TEWKESBURY RD PO BOX 266 1 BARRENGER CT SCARSDALE, NY 10583 PALOS VERDES ESTATES,CA 90274 NEWPORT BEACH,CA 92660 CHATEAU ASPEN CONDO ASSOC - - - CHATEAU ASPEN UNIT 21-A LLC - CHERAMIE ALAN A 1/22 INT 630 E COOPER AVE 421 ASPEN AIRPORT BUSINESS CTR 139 CHERAMIE LN ASPEN,CO 81611 STE G GOLDEN MEADOW,LA 70357 ASPEN,CO 816113551 CHERAMIE CAPITAL HOLDINGS LLC CHISHOLM REVOCABLE TRUST CLIFFORD MRS MARGARET JOAN 21/22 3725 N GRANDVIEW DR 146 WILD TIGER RD 143 CHERAMIE LN FLAGSTAFF,AZ 860041603 BOULDER,CO 80302 GOLDEN MEADOW,LA 70357 CMMM INVESTMENTS LLC COASTAL MOUNTAIN INVESTMENTS COASTAL MTN PROPERTIES LLC 4937 HEARST ST#B LLC 2639 MC CORMICK DR METAIRIE,LA 70001 2519 N MCMULLEN BOOTH RD#510-307 CLEARWATER,FL 33759 CLEARWATER, FL 33761 COOPER STREET DEVELOPMENT LLC CORNELISSEN TOM COX JAMES E&NANCY C/O PYRAMID PROPERTY ADVISORS C/O KRUGER&CO 4753 N SHORE DR 418 E COOPER AVE#207 MOUND, MN 55364 ASPEN,CO 9607 E ,CO 81611 AVE ASPEN,CO 81611 AS DALY CAROL Y REV TRUST LLC ATT G CRAFT LESTER R JR ATT IORGIO RIGHETTI CFO PO BOX 127 0155 LONE PINE RD C-11 610 WEST 52 ST BASALT,CO 81621 ASPEN,CO 81611 NEW YORK,NY 10019 DIBRELL CHARLES G JR&FRANCES EB BUILDING ASPEN LLC ECCHE 2ND IS #2 24 ADLER CIR 1601 ELM ST#4000 GALVESTON,TX 77551-5828 DALLAS,TX 75201 LONG BEACH,CA 90803 ELLERON CHEMICALS CORP ERGAS VENESSA BLAIR&CLAUDE ESPOSITO VINCENT A&JANET M TRUSTEES 2101 WAUKEGAN RD#210 PO BOX 4316 6276 VIA CANADA BANNOCKBURN,IL 60015 ASPEN,CO 81612 RANCHO PALOS VERDES,CA 90275 �tiquettes fables a peter ® Repliez a la hachure afin de ; www.averycom Sens de revblPr IP mhnrrf Pnn-unmc ! 9-Rnn_r.n_AvFRV Utilisez le aabarit AVERYO 51600 ! _�_______. �...y cc� F aue1D i ® Bend along line to AVERY®5160® 1 Use Avery®Template 51600 Feed Paper expose Pop-up EdgeTm 4 EXELCEDAR INC 20% FEHR EDITH B REVOCABLE TRUST FERRY JAMES H III 534 E HYMAN AVE 543 FOX RUN DR BOX 167 ASPEN,CO 81611 CARBONDALE,CO 81623-8502 GLENCOE,IL 60022-0167 FITZGERALD FAMILY PARTNERSHIP LTD FLY MARIE N FORD ANN MICHIE C/O PITKIN COUNTY DRY GOODS LLC 7447 PEBBLE POINTE 216 WAPITI WAY 520 E COOPER W BLOOMFIELD,MI 48322 BASALT,CO 81621 ASPEN,CO 81611 FRANZ NORBERT ALEXANDER FURNGULF LTD GABERMAN RICHARD M TRUSTEE KAISERHOFSTR 15 A COLO JOINT VENTURE 380 UNION ST#300 FRANKFURT 60313 GERMANY, 616 E HYMAN AVE WEST SPRINGFIELD,MA 01089 ASPEN,CO 81611 GALENA COOPER LLC GELD LLC GERARDOT J REVOCABLE TRUST 601 E HYMAN C/O LOWELL MEYER 5526 HOPKINTON DR ASPEN,CO 81611 PO BOX 1247 FORT WAYNE,IN 46804 ASPEN,CO 81612-1247 GILBERT GARY GLUCK SANFORD&CAROLE E ASP GOFEN ETHEL CARO TRUSTEE 1556 ROYAL BLVD TRST 455 CITY FRONT PLAZA GLENDALE,CA 91207 176 E 71ST ST CHICAGO, IL 60611 NEW YORK,NY 10021 GOLDEN PANTHERS LLC GONE WEST LLC GOODING SEAN A 80%&RICHARD L 20% 60 S MARKET ST#1400 401 W CENTER C/O PARAGON RANCH INC SAN JOSE,CA 95113-2396 SEARCY,AR 721451406 620 E HYMAN AVE#1 E ASPEN,CO 81611 GORDON LEONARD&ELLEN GREENWAY COMPANY INC GREGG LELAND JOHN 12204 GALESVILLE DR 666 TRAVIS ST#100 PO BOX 1935 GAITHERSBURG, MD 20878 SHREVEPORT,LA 71101 SANTA YNEZ,CA 834601935 GUIDOS SWISS INN LLC GUILBEAU CAPITAL HOLDINGS LLC 380 UNION I SPOON CHILD FAM TRST 23655 TWO RIVERS RD 151 CHERAMIE LN BASALT,CO 81621 GOLDEN MEADOW,LA 70357 WEST SPRINGFIELD,MA 01089 HEMP LIV TRUST HENDRICKS SIDNEY J HOPPES DIANA HEM SUZANNE SUZA NA LI YOLANDE EVERHARD 5400 VERNON AVE#106 15470 P MO WI 53005 6614 LAKE VILLE RD EDNA,MN 55436 PETALUMA,CA 94954-9256 HUNKE CARLTON J LVG TRST HUNTER PLAZA ASSOCIATES LLP HURWIN DUFFY&RON REV TRUST 4410 TIMBERLINE DR SW 205 S MILL ST#301A 558 TENAYA DR FARGO,ND 58103 ASPEN,CO 81611 TIBURON,CA 94920 �tiquettes faciles a peter A Repliez a la hachure afin de ; www avery com Sens de ! 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Easy Peep"'labels i A Bend along line to AXMRY@ 51600 ; Use Avery®Template 51600 Feed Paper expose Pop-up EdgeTM VICTORIAN SQUARE LLC WALLEN-OSTERAA REV LIVING TRUST WALLING REBECCA 418 E COOPER AVE#207 36 OCEAN VISTA 350 BLANCA AVE ASPEN,CO 81611 NEWPORT BEACH,CA 92660 TAMPA,FL 33606 WARNKEN MARK G WAVO PROPERTIES LP WEIDEL LAWRENCE W PO BOX 556 5121/2 E GRAND AVE#200 PO BOX 1007 STILLWATER,MN 550820556 DES MOINES,IA 50309-1942 MONROE,GA 30655 WEIGAND JONATHAN RYAN TRUST 25% WELLS RICHARD A&SUSAN T TRUST WELLS RICHARD AARON C/O SHERRY MOORE TRUSTEE 100 N TRYON ST 47TH FLR 220 W HALLAM ST 150 N MARKET ST CHARLOTTE,NC 28202 ASPEN,CO 81611 ' WICHITA, KS 67202 WELSCH SUSAN FLEET TRUST WEST ULLA CHRISTINA WF SWEARINGEN LLC 10 LITE PLACE 3042 TOLKIEN LN 380 FOREST HILL RD ASPEN,CO 81611 LAKE OSWEGO,OR 97034 MACON,GA 31210 WHITMAN WAYNE&FRAN UND 1/2 INT WINE RICHARD A TRUST WISE JOSEPH PO BOX 457 2233 MYRTLE POINT WAY 1320 HODGES ST CLEARWATER,FL 33757-0457 HENDERSON,NV 89052-7153 RALEIGH,NC 276041414 WOLF LAWRENCE G TRUSTEE WOOD ARNOLD S&ANNE M WOODS FRANK J III 22750 WOODWARD AVE#204 65 MOSTYN ST 51027 HWY 6&24 STE 100 FERNDALE,MI 48220 SWAMPSCOTT,MA 01907 GLENWOOD SPRINGS,CO 81601 WRIGHT CHRISTOPHER N YERAMIAN CHARLES REV TRUST 13 BRAMLEY RD PO BOX 12347 LONDON W10 6SP UK, ASPEN,CO 81612 Etiquettes faclles a peter ® Repliez a la hachure afin de i www.averycom HtiliSA7 la nnharit AVFRV@ c;i An@ •Sens de rpvcl—la rahnrri Dnn-nnmc 7_RnA_GA-AVFRV AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PR�IOPPE�RTY:n , Aspen, CO SCHEDULED PUBLIC HEARING DATE: �4 pel L_ I� '-a LS1)/��-/ ('%' 5%1M ,20 r� STATE OF COLORADO ) ss. County of Pitkin ) I, C � -2 � f�S°�B (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have eompiied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: V Publication of notice: By the publication in the legal notice a t of a noff5 )1a paper or a paper of general circulation in the City of Aspen at le 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 lateriais,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 hearing. A copy of the ovvners 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. Si6attlie The foregoing"Affidavit of Notice"was acknowledged before me this da Of �%1)q p.e41 , 20 b _ ,/L J Y i WITNESS MY HAND AND OFFICIAL SEAL My commission expires: Notary Public ATTACHMENTS AS APPLICABLE: * COPY OF THE PUBLICATION * PHOTOGRAPH OF THE POSTED NOTICE (SIGN) * LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTICD BY MAIL * APPLICANT CERTICICATION OF MINERAL,ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 PUBLIC NOTICE RE:534 E COOPER AVE-GROWTH j MANAGEMENT REVIEW AND l SUBDIVISION REVIEW NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday,April 16,2011,at a meet- ing to begin at 4:30 p.m.before the Aspen Plan ning and Zoning Commission,Sister Cities Meet- ing Room,City Hall,130 S.Galena St.,Aspen,to- consider an application submitted by Boogies Building of Aspen,LLC,c/o Leonard Weinglass, 534 E Cooper Ave,Aspen,CO 81611,represent- ed by Vann Associates,LLC. The applicant is re- j questing the following land use reviews: Subdivi- sion,and Growth Management Reviews for New Free-Market Residential Units within a Mixed-Use Building,Minor Expansion of a Commercial,lodge or Mixed-Use Development,and Affordable Hous- ing to remodel and expand the Boogies Building lo- cated at 534 E Cooper. For further information, contact Jessica Garrow at the City of Aspen Com- munity Development Department,130 S.Galena St., Aspen, CO, (970) 429-2780, lessica.garrow@ci.aspon.co.us, a/LJ Erspamer,Chair Aspen Planning and Zoning Commission Published in the Aspen Times on March 28,2013. \ [9030574] COMMUNITY DEVELOPMENT DEPARTMENT w 130 SOUTH GALENA STREET "' - 0 ASPEN,CO 81611 _ FOREVER NEUMANN MICHAEL r� � 7381 MOHASNIC DR BLOOMFIELD HIL f)E PARTMENT COMMUNITY DEVELOPMENT ... . .ya:> w: :.. ; _>.„= ... .. ., .......: z .. .., U S A�.. 130 SOUTH GALENA STREET °„,.... a'`N„�i.uaaaap Hy KhuiW,".� .aaF ASPEN,CO 81611 FOREVER S T EPHENS ROSS DAVID 1337 B DANIELSON RD SANTA BARBAR/ o T ' 1 t_ ,`, - N D zlit•✓jj1rt44wf.(w'r(k M,iINIFIFItnuuy.�*.lan,:, - . ed .. � T Y fl ttena.y.F 4':arc •a Y P tl ..n 4 i -t.-M rs nrtu k. 9F en.:�,.lwn 1.: COMMUNITY DEVELO'PMEN i DEPARTMENT 130 SOUTH GALENA - H4 ASFEN,CO 81611 Justice FOREVER HUNTER PLAZA ASSOCIATES LLP 205 S MILL ST#301A ASPEN, CO 8161 r i. wNr4in Ht �z`�-^ M nant• .... '� � tltd• H h i yRal �� u zzeu a � COMMUNITY DEVELOPMENT DEPARTMENT 130 SOUTH GALENA STREET ASPEN,CO 81611 ?t f4 l.'`,�;.. .. t:.f� ...:: °lfki t: mot` l * ,•YF z FOREVER STRUDEL HOLDINGS LLC 314 S GALE- "T ASPEN, CC 3"..�—.L Z Z-.&t�—!Z . n«k i 01ri,! �F11 ., i: ;;COMMUNITY DEVELOPMENT DEPARTMENT ,x _ 130 SOUTH GALENA STREET ASPEN,CO 81611 FOREVER ASPEN GROVE ASSOCIATES LLP C/O M&W PROPERTIES 205 S MILL ST#301A ASPEN, CO 8161" aNMNSatt°r'.erW11ry,1, „W��>ax,:+ugyy. _IIF tI'tl�.... S, �:F,w r3sk ..rS. Ni µrkrti µnzv<vuW'sHl,rl4a _ COMMUNITY DEVELOP ry �EIV t �tF'AK f�f� 130 SOUTH GALENA STREET 11.? ,tf t +tyr�rm��'rr+ns� .a°. ASPEN,CO 81611 �4 " FOREVER INDEPENDENCE PARTNERS C/O CAPMARK IN(' 205 S MILL ST#' ASPEN,CO 816' o w_ v,. i Y S R\t i`.i i i -".F Y i"7 -' i-1 t t`r i .- M 1, i - •��- ,�a°�.•»••..�,„�y,y U r'-s,7 i 3..., ,.r`1... V) 6�,.,.•7 g t_-, n X,-...) r,..w•.w.srN t COMMUNITY ICE'°P()PME€ 3'4 130 SOUTH GALE t,{,STREET 7< ., _ a=f�, r ASPEN,CO 811611 FOREVER f rG 9 SFr yi^b F9 GOLDEN PANTHERS LLC Lll} F I' COMMUNITY DEVELOPMENT DEPARTMENT 130 SOUTH GALENA STREET y 3 y t S e•F 1lR �2( .1` C:7 s. ASPEN,CO 31611 EquY y x. FOREVER ASPEN SQUARE VENTURES LLP C/O M&W PROPERTIES 205 S MILL ST STE 301A ASPEN, CO 81611 J, ; —c vz ) '3NWJ1 100WA 9 %oz ismi S-13INVO H713cl URMHod 669i,8 OO'N3dSV i33&S VN31VO Hinos of 1N3WibVd3C iN3Wdol3A30 aiNnvyvqo,.,) .................. 77 ..ki COMMUNITY DEVELOPMENT DEPARTMENT 130 SOUTH GALENA STREET 2.0 13 PN 2 L ASPEN,CO 81611 FOREVER STUDENT ISAAGA NECHAMA UND 1/2 INT PO BOX 4571 ASPEN, , 4. "w 2, L COMMUNITY DEVELOPMENT DEPARTMENI .......... FOREVER -2 130 SOUTH GALENA STREET ASPE-N,CO 81611 CHATEAU ASPEN CONDO ASSOC 630 E COOPER AVE ASPEN,CO 81611 AN K 7 7 z �ft4 , "k DEVELOPMENT DEPARTMENT 2 IF COMMUNITY SOUTH GALENA STREET j 130SO justice ASPEN,CO 81611 FOREVER CHERAMIE ALAN A 1/22 INT 139 CHERAMIE LN GOLDEN MEADOW, LA 70357 3 5 a-y ri '.S a"-} 'F z r,5 t-- a a x"-�i s ^-"'a - �." ..a=-_M... y....,:.w,.a,r.»,e•.>;.�?. � +�,'.S'!i">3.�5..r" -..r�e 5'}L« 1 A,CF.l•J J ..:L«a� 'f.f.I.-.n' .ryE, 'COMMUNITY DEVELOPMENT DEPARTMENT 130 SOUTH GALENA STREET6y� w.r�s N3 AR,R }'i P4 `� 2... gar""°"'ww•,.i9b..,:,..,,.. raa' .. ASPEN,CO 81611 if FOREVER PEARSON REBECCA J 1610 JOHNSON n" STILLWATER, D _G PUBLIC NOTICE RE: 534 E COOPER AVE—GROWTH MANAGEMENT REVIEW AND SUBDIVISION REVIEW NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, April 16, 2011, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Boogies Building of Aspen, LLC, c/o/ Leonard Weinglass, 534 E Cooper Ave, Aspen, CO 81611, represented by Vann Associates, LLC. The applicant is requesting the following land use reviews: Subdivision, and Growth Management Reviews for New Free-Market Residential Units within a Mixed-Use Building, Minor Expansion of a Commercial, lodge or Mixed-Use Development, and Affordable Housing to remodel and expand the Boogies Building located at 534 E Cooper. For further information, contact Jessica Garrow at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2780, jessica.garrow@ci.aspen.co.us. s/LJ Erspamer, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on March 28,2013 City of Aspen Account cc poss ARCHITECTURE+PLANNING r- - - -- - - - - - -- - - - -- - - - - - - - -- - - - - -- - - --- - -- - - - - -- - - -- - -- - - - galI I I i / ///, FLOOR AREA ED 01.]9.13 FAR C.ALCULA7IONE ED 0118.13 FAR CALCULATIONS ED 01.08.13 SUBDMSION.APP maim SD 02.35.17 SUBDIl151ON.A['P Ac AREA � � \ AREA / APR $ 2013 CITY OF ASPEN /y COMMUNITY QEVE!OPME E 534 EAST COOPER NOnuNR GMQS/EUBDIVISIUN APPUCAnGN ARFA /� /, / / / ASPEN,C0106AD0 AIASBR y i 1 /I { I / / /:/� / „ / \A1 77 BUILDING PLOON AREA /// IEAISINIG3 COMMERICAL NOHUNIT AHU COMNERCIAL OELN F/I AP- GROUND 3B16(�anpQ 786 Ye, 0 0 GROUNOLEYEI I923 170 179 0 MMANINE IEM 2199 0 730 1153 PROJECT NO: y Il ROOFIEVEL 0 0 0 0 22011A0 BwG FOE BOOGIES METING PLANS.d..tt Iq v c'h SUB-i01AL ]0]2 0 903 1153 SHIFT TRUE }1—{1 U '/ AOOEONONUNRSPACE 0 0 EXISTING H.4SEMENTLEVEL ADDED OECI(SPACE 0 0 (fl..T dF-) TOTAL FAR 7022 sµ8 956 sp tt 909 s0 n 1153 s9 h del E) 1 EXISTING BASEMENT LEVEL E-101 !2013�+rn�'s.s:acri I �m�`uc�x�iv�.nw�onnu�unrcoVm(mirio ai` I posy ARCHITECTURE+PLANNING EiW PLODR IKEA 179 SD IT o j />/ Z P /'' •�' / 77• SD 01.14.13 F SD 01 28-113 L;BDNCULATIONS SD S 02.15.13 UBDNSION APP rcrs��n 0{.08.135UBDN510N.'.PP. UTILR'fRASHIRECYQE AREA %//p/ 534 EAST COOPER (SM(jS/SUBUIVISION.IPPLIC_1TIUN ASPEN,COLORADO .. D ANJ R00R AREA l70 SO Fl BUILDING FLOOR AREA COMMERCIN DECN (EXISTING) COMMERCIAL NONONR ANU MENEM LEVEL 3816(...Pt) 796 0 0 GROUND LEVEL 1923 170 I7S 0 MEZZANINE IPYEI 2199 0 730 1153 ROOF LEVEL D 0 0 D PROIECi NO: 22014.00 DING BOOGIES EXISTING PLANS.Jw SUB-TOTAL 7022 D 909 1153 ADDED NONUNRSPACE D 0 SNEETTRIS EX ADDED D6c9sPECE ° ° EXISTING GROUND LEVEL 7022 qIt 956 Aqn 909 sqn L53 sqR TOTAL FAR (hour xrCx) I EXISTING GROUND LEVEL „ E-102 ©2013 i�`x10DCnu i�uo'PM1".a°�cri �ancarffrm .vanPr as:+wannsrnua� III poss ARCHfTECTURE+PLANNING I.'J'.I..�..j,•{..f.:.:.:.:.:. OPEN TO BElQN \\ . . 0 \\ I \ \ as 11 \ >0 1 m3 . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . ... .. . . .. . . . .. . . . .. . ... . . . . . . ------------------------------------ .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . j1 EXISTING CANVAS C.—IbAt STRUCTURE JI ll q 1 .�A `� li EXTERIOR FLDOR AREA .. II DECK 730 SOFT 1153 S7 FT 0 I� l II i UNIT {I I OPEN TO SUM j I Issue ii SD 01.17.33 FAR CALCUI_aT1ONS SD 0118.13 FAR GILCUL4770NS SD 02.15.13 SUBDIVSION APP SD 09.08.13 SUBF)MION APP—6— AREA 2199 2199508 OPEN TO RELM 534 EAST COOPER GMQS/SUBDIVISIUNMPLIC_1TION ASPEN.COLOR-kDO //ii 777/5/ i • BUILDING FLOOR AREA (EXISTING) COMMERCIAL NONUNB AHU CONMERCIAL DECK BASEMENT LEVEL 3816(-.00 786 0 0 GROUND LEVEL 1823 170 179 0 '. MERANINE LEM 2199 0 730 1153 '.. ROOF LEVEL 0 0 0 0 PROJECT W. 22019.00 DW FILE BOOGIES FX571NG PL1NSAd SUB-i01A1 7021 0 909 1153 � ADDED NONUND SPACE 0 0 SHEET TITLE ADDEDDECKSPACE 0 0 EXISTING MEZZANINE LEVEL TOTAL FAA 7022 sq It 956 sq It 909 sq n 1153 sq It (IJuur AieAJ 1 EXISTING MEZZANINE LEVEL E.102 4•IY E-103 ©2013 q ®n�r.enn poss ARCHITECTURE+PLANNING EXISTING CAMS SDtLCNRE D 0 FAR C,�LCUIATIONS SD 02.15.13 SUBDMSIONAPP SD 04.08.13 SUBDMSIONAPP—j- o 534 EAST COOPER GlMQs/luBD1vlslQN.vlLlu{uL)N ASPEN.COLORADO PRDJECTNO: 22014.00 DWG EIF. 1300GIES EMMNG PLINS.dw SMEET uu EXISTING ROOF LEVEL EXISTING ROOF LEVEL \Qy E-104 poss ARGI-IrTECTURE PLANNING — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — - - - - - - - - - - - - - - - -- - - - 131, L I /:' // // OM IAL// I / / / cDMNERCIAENEr /,' /. / ''/ / /�/' j I /' as9asaFl j' / // / / /' %; / / / /�j/ / /� // /' // ID 01.141]FARCALCUI-AT101"S /,., / / / .% / / / / / / / // 'I S 113 FAR CA-CUI- SD 02.15.8.13 SUFUDMSIONA ATPP IONS / /i� ,/'/ / /////// j/ / i// ' / SD 04.08.13 SUBDPASIONAPP-0— I � �� i ;, % // � /. ; � / / / it MECHANICAL / / / R / / ROOM // /,; / / ,'/ % �' // 534 EAST COOPER //%/ /' //.� //// / / / /j / (3MQS UBDIVISIL)Nk?[ILJC-kllL)N �';�' ,.,,: � / ". / / � ;'/ //:.: / / / ' � �/ .' � // ".:; ASPEN,COLORADO ELEVATOR NECK / / / ////// / //// / / // UP- CONMERCIAL AM mu 40 LIVABLE&NET LEASABLE AREAS COMMERCIAL NFL LEASABLE AND NET LIVABLE AREA AREA •BASENLKT 3590 0 FROJECI K GROUND LEVEL 4541 0 22014A0 NEZZPNINELEC 2249 654 DWGFILE Dc,OGIES EMSTING PLANSAn. ROOF LEVEL 0 0 SHEE7 ULF TOTAL 10379,qft 651 sq ft EXISTING BASEMENT LEVEL (net lip-eUle&-t 1—bk) EXISTING BASEMENT LEVEL G L. II 2013 IM090- F posy ARCHrrECTUP,E+PLANNING I i UP VK LEASABLE fIlIvIll X 4541 SO Is- /.' F.{R C.{LCUL{TIONS SD 01.28.13 FAR C{LCUL{TIONS 02 13 SUBDN7SIONAPP ED W.08.13 SUDDIVII5l0N APP.—j— SERA Y RLE O so / ! / // / 534 EAST COOPER GM[jS/BUBllI VISIUN.U'PLIC{7IUN ASPEN COLOLL{DO OP I I i 0 LIVA LE MA RU NETtIVA Bf SNET icec4alE REA3 AREA CIAL NETIEASABIF AHB NET LIVABLE AREA lenrtln¢I AREA . •BASEMENT 3590 0 P i GROUND LEVEL 1511 0 22014.2014.00 0 MEZZANINE LEVEL 224B 656 on FILE I ROOFLM 0 0 BOOGIES EXISTING PL{NSAd, SHEET TALE TOTAL 10319 s9 k 651 sA M1 EXISTING GROUND LEVEL (net livable&net]rawble) EXISTING GROUND LEVEL E-106 i poss ARCHITECTURE+PLANNING r 1 ',1 \\ OPEN TO REl0V1 , i EXISTING CANVAS I� STRUCTURE /n, I II I AND NET LE AREA / least A 651 SO Ff i� II EXTERIOR { DECK / /... NI OPEN raBELOW SD SD 01 2617 FAR CkL2ULATIONS 08 SD 02 .13 SUBD%ISION SION APP 04 SD .0817 BUBDMSION APP rauu+n I LEASABLE AREA / /- j ImitinBl i OPEN TO BELOW 534 EAST COOPER j TION cAA4vsuau1v1s1GNAPI uu ASPEN.COLOP.ADO i COMNERCIALAIA)AHU !, NEI LIVABLE 6 NET LEASABLE AREAS COMMERCIAL NET LEAS3BIE ANU NET LIVABLE AREA 0sistinp AREA •SASFNENI 3590 0 PROIECi NI} ' GROUND LEVEL 1511 0 22014.00 MEMNINE LEVEL 2216 130 651 ROOF LEVEL 0 0 BOOG0I ES EMSTING PL1NS.dwB SHEET TIRE TOTAL 10379 sA ft 654 sR N EXISTING MEZZANINE LEVEL (net li-ble&net I—bk) EXISTING MEZZANINE LEVEL E1D7 .'A IP E-107. ©2013 a • �i iii ii l�,� � "Ems lII/0� eeee�������eeee�. o���eeeee�e�e�eeeee�, ►eeeeeeeeeeeeeo � / � �►eeeeee�eeeeeeeeeeeeeeeeeeee�� ;�____"_"____________________"_______________"___"___".___._______. �; ' �r!•eiei�ieieieieeeieieieieiei !% � .o��eeeeeeeeeee�� i ♦. ♦eeeeeeeeee♦ / �j lo/ MEMO,I// o /. i/ i _ �� --------_ ---------------c�� Full MINE NErte` MOM•,I/I/////�//I///ii.i%/Ii/Iii//i/I/I///.��_«_ii://I_/I/�I/��/III/Il I///�///_/I/////I/I I/.:•��':�___________'J1J' I / I:. i !j______________""" r � � ji �� V��i% y: i /M%% iii% % % %�/ oll ol uii�iuiiiiiiiuuruuiiuoiiiiuiJ'viiiiiuiiiiouiiii�iiiiiiiiiuii�uiuiuiiiui'.;. /rui - -- ----- --- --- - ------- -==-�iiiiiiiiiiiiiiiiiii/iiiiiiiiii-------- ------------iii- --------- ---------- _..----- --------- --------- --------- ------------------ --------- -/ r � 1 i � ✓�'�, 1111111111 •�/�;,,... .. �; - /i./a�/iii/ii%%%///i��ii��ii�ii�iii�ii/ii�iiiii�/iii/iii/iiiir iii��ii�iiiiiaaiiiioiiiii�o�iii�/ii�oa/� a Ell I im `4 !.-kt Pon I "I VIEWS, o 0 0 0 0 Imo_ i 1 'Emoo--0/0l!0Oo "00,001 '1 OR V,g X t WIN o MMMMi 911 gg o" 1 Mm A jib ,II WINNER �, Im oz ciz: � t om";®rm.p.m.p. %%///%/%%%% Me r/ MA ivd ;10 Ad ON 000, 111 MEMO G / //%/ii%/ii��ii//o�/ii��iioi/��ii//iii�oi�oi/iii�ii///i��ii��ii��ii�/ii��o��ii��iii�iiioiiyii�ii�i% r I � MA I'M F49 pp- Moll ,♦♦♦♦ Poll 'MA♦'m !�iiiiiiiiuiiii7iiioiiiiii � �-�--- � iiiii S iiouii/iiiiiiiiiiiiiYiiiioiiiiioiiiiiui iiiil./Iiiiiuiiin3i�. J_,�.��ii✓c VIP, i� BPI, ;lloo HEIV i //% i / o ROW WE PA,IMS .rr w�wr err yr�.r•�r rrr�+►ar�r�+rr:ri v�rr rrr v�+r�r►y�+r•rr.�iiiuo�ii�iiriiii/•iriii�iuiiii�i�iiiiiiiiiiii�i�i�iii�iiii�i i iri�iJ/iiiiiuiu�iiri iiiiriiii�iiiJi�iu�iii�iiriirou�i/ ���i iiiii�i uri�ioiuii� i�i�i�i�iiii_! .��>��.����-�.������►-�►-.��►-.�.-•�.-.�.-....iii ii iii�u�i� �o�i i�ii ii ii ii ii iisii�iiuiu i� io,.ui�u�i�ii ii ii ii iiuii ui.i�uui�o�u..�i�i�ii ii ii iiuii ui�i�i� . o J 1 TO flor, NMI .�i ii iii/i i��i/iili%.•/i/i/i Ji//J/iJ% 0 INE 11111A O$A' i� i, '�i�'fir'►�i���i%j / j� UNN y%//////i��iii'%i/: VS. // �•/l%. 1 lo I ��►,.���-------=----fit QD � . icy rtn poss 1�1 l7 coy 2 int aA Z7r� ARCHITECTURE+PIANNIN( T777 I T ' - — PROP65E0 OPEN TO BFLUY j I I ELEYAtOIN I 1 ROOF 11!974 NA11 IlllR UPIA 7sis!!its " ITN 0117lt!12lI 111 l2NIl1!!ll ROOF CansuldM DE Issue SD 01.14.11 RAILCALCLILA"110\5 SD 011X.11 FAR CALCUTAl"10.1 SD 02-li.lt SL'NDIVISLONAPP PROPOSEDfLAT ROOF ROOF v_ F DECK EXTERIOR ROOF CAROEN 534 EAST COOPER CALLS/SUBDIVISION APrLICAnON ASPEN.COLORADO BUILDING FLOOR A"A" RCIALDECK RESKIENTIALDECK NOIES MIM III - IPn,Ib>e01 COMMERCML NOT RESIDENTAL AMI BASEMENT(—Ptl 42301eenpl 372(—Jll 0 O O U _.g ,.v- 1 OROIAND LEVEL 4693 592 0 0 0 MEZZANINE LEVEL 2119 515 0 759 121 O LEVEL 0 445(—.0 2453 0 0 021 INM PROJECT NO 22014.00 121 H351) ��" SLIB TOTAL 1112 lIW 2153 159 121 HOBBIES PNO" ADDED N"T SPACE 176 255 70 - AODED DECK SPACE 351 RESIDENTIAL DECK ALLOWABLE=q0 SD FT SHEET 1111E TOTALFAR t100sOn 3059s9n e37:an PROPOSEDi0.0,° TOTAL FOR NOMPni ALLOCATION;COMMERCIAL fL00RMEA(71121+FREE MMNEi 0.ESII11AEl41 FLOgi AF(FA(21571+MU fL00R AREA 11591=10621 1 PROPOSED ROOF LEVEL ¢°i A-105 �., NOW NT SO FT ALLOCATION PERCERTAM -4 PERCENT TO COMMERCIAL=TAI77IO.624=701 110800=776 PERCENT TO RESIDENTIAL-2453/IO.6Z1=73X 110 6 1 13=2 55 PERCENT TO AIf1=159/10.621=.75 11091.07=70 0m t FE All 0 o o A6�10 i� 0 110 FOR I MAIN 8�w9 X96. 0 Plo b NO VMS', ME OF 9 VON ME poolo low � q g LAJ + 3 S O rYkY O C:) CD CD _ z rL Ain YeS �a _ u o o e cyj• w 8 �v h%H M i aa "ay . � y .-1 � Q _ Q W � O g 3 g 7 K 12 15-5 F El i .�. i MEMORANDUM TO: Plans were routed to those departments checked-off below: X ........... City Engineer X ........... Zoning Officer X ........... Housing Department X ........... Parks Department X ...........Aspen Fire Marshal X ........... Utilities/Public Works X ........... Aspen Consolidated Sanitation District X ...........Building Department X ...........Environmental Health ........... Holy Cross Electric ........... City Attorney ........... Streets Department ...........Historic Preservation Officer ...........Pitkin County Planning ........... County & City Disaster Coordinator ...........Police ...........Transportation ...........Parking FROM: Jessica Garrow, Community Development Department 429.2780 iessica. ag rrowkcityofaspen.com DRC MEETING DATE: Wednesday, March 20th @ 1:30 Council Chambers PACKETS SENT: Friday, March 8, 2013 COMMENTS DUE: Friday, March 29, 2013 RE: DRC Review—534 E Cooper(Booties) SUMMARY: The applicant proposes a second and third story addition on the building at 534 E Cooper. This is the building on the north-west corner of Cooper and Hunter, also known as the Boogies building. The project received conceptual Commercial Design Approval earlier this year. This application is for Subdivision and Growth Management Reviews. The building currently consists of commercial space and an affordable housing, which was not previously required for mitigation. The application proposes additional commercial space on the second floor by enclosing a portion of the patio, and adding a new free-market residential unit as part of a third floor addition. The applicant is proposing to update the affordable housing deed restriction and use that unit as mitigation for this project. Applications are being sent to the departments checked off above. Please bring the he applications to the DRC meeting as we'll need to re-use them for the P&Z and Council reviews. If you are not listed but are interested in reviewing the application please let me know and I'll sends you a copy of the application. Boogies DRC Comments Building • This addition may cause the building to be reclassified from VB to V A. This will require the addition of fire rated structure and assemblies. • The addition at the commercial level will trigger the toilet rooms to meet ICC/ANSI for accessibility. • The plans do not show but the elevation does show a door to the street from the ADU and Free market unit. This door is required to the street fagade and will not be permitted to swing into the ROW. Utilities • The applicant should do load calculations now and meet with the department to review in order to better prepare for the building permit • Due to a low roof (non-conforming with standards) above the existing transformer and Non-conformance to Electrical codes the existing transformer cannot be upsized in place. Most likely the transformers at Aspen Core/ Little Armies will not be able to be used by this developer as capacity is being reserved for those developments. Due to these constraints, a new transformer location may be the best option. Fire • All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Environmental Health • No Comments. Trash/Recycling area meets requirements. Parking • No Comments Zoning • The calculation for existing floor area is not accurate. sheet E-102 the stair at South East corner should not be included. • Storage in Basement: sheet A-101 Proposed floor area calculations, and sheet A-106 Net leasable: indicate for whom the storage is proposed, for example commercial or residential. • Proposed "exterior roof garden" not calculated as deck exemption. No access to the area is permitted. • Roof mechanical sheet A-105; no information provided. • Page 17 gives details on proposed square footage but not proposed floor area. Is the deck exemption for the free market unit really 470 pursuant sheet A-103? The deck exemption is based on allowable floor area per use, not including the bonus of the TDR. • Proposed elevations have the chimney which was not approved by HPC. See exhibit 2, HPC Resolution No. 16 (Series of 2012). Exhibit C—Boogies DRC Comments Page 1 of 4 • Elevations (sheet A-112) and floor plan (sheet A109) indicate a door at the North elevation of the third floor free market unit. The roof at the third level has not been counted toward `deck exemption'. And the brick parapet shields the use. Is it intended for mechanical? Parks • Landscaping and Sidewalk Landscaped area: Landscaping in the public right of way will be subject to landscaping in the ROW requirements, Chapter 21.20. There shall be no plantings within the City ROW which are not approved by the City Parks Department and the Engineering Department. • Tree Permit: If a tree(s) is requested for removal, the applicant will be required to receive an approved tree removal permit per City Code 13.20, this includes impacts under the drip line of the tree. Parks is requiring that the tree permit be approved prior to approval of the demo and/or building permits. If a permit is necessary, contact the City Forester at 920-5120. Mitigation for removals will be paid cash in lieu or on site per City Code 13.20. Parks will approve a final landscape plan during the review of the tree removal permit based on the landscape estimates. • Tree Protection: A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site and their represented drip lines. A formal plan indicating the location of the tree protection will be required for the bldg permit set. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site. This fence must be inspected by the city forester or his/her designee (920-5120) before any construction activities are to commence. As referenced in Chapter 13.20 Engineering • These comments are not intended to be exclusive, but an initial response to the project packet submitted for purpose of the DRC meeting. • Drainage: • General note: The design for the site must meet the Urban Runoff Management Plan Requirements. Staff was not able to determine whether or not the site will meet these requirements. A full review will be completed when there is enough information to review. • A compliant drainage plan must be submitted with a building permit application. This includes detaining and providing water quality for the entire site. If the site chooses fee-in-lieu of detention (FIL), it can only be applied to existing impervious areas all new areas will need to discharge at historic rates. Any detention requirements covered under the FIL option must discharge directly to the City's stormwater infrastructure. • Staff was unable to determine whether or not the site is able to meet all the Drainage Principals: 1. Consider stormwater quality needs early in the design process. 2. Use the entire site when planning for stormwater quality treatment. 3. Avoid unnecessary impervious area. 4. Reduce runoff rates and volumes to more closely match natural conditions. 5. Integrate stormwater quality management and flood control. Exhibit C—Boogies DRC Comments Page 2 of 4 6. Develop stormwater quality facilities that enhance the site, the community, and the environment. 7. Use a treatment,train approach. 8. Design sustainable facilities that can be safely maintained. 9. Design and maintain facilities with public safety in mind. • Sidewalk and Curb and Gutter: • General note: All sidewalk, curb and gutter must meet the Engineering Standards as outlined in Title 21. • As of March 13, 2013, the sidewalk was in acceptable condition and did not require replacement. The curb and gutter was damaged and should be replaced. Should the sidewalk, curb or gutter be damaged as a result of construction activities, it will be the property owner's responsibility to repair the damage as described in Title 21. • Construction Management—Engineering is concerned about the Construction Impacts of this site. The plan shall describe mitigation for: parking, staging/encroachments, and truck traffic. Note that the current code does not allow for any encroachments during the on-seasons (November 1 —April 15 and June 1 —Labor Day). • Excavation Stabilization—Due to the proximity of the neighboring property, the City will require an excavation stabilization plan prior for any excavation. The plan should be submitted with the building permit submittal. • Fee in Lieu—This project is considered a Major project and can opt to pay the Fee in Lieu for a portion of the detention requirements. Please refer to Section 2.12.140 of the Municipal Code. APCHA • The APCHA Board reviewed the application at their regular meeting held April 3, 2013 and finds the proposal consistent with the provisions of the current code regarding the use of the existing one-bedroom unit for mitigation of the proposed commercial and residential expansion. If using the on-site unit for mitigation is approved, the development would be allotted one point to the overall GMQS score. Sanitation • Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. • ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. • On-site utility plans require approval by ACSD. • Oil and Grease interceptors (NOT traps) are required for all food processing establishment. Locations of food processing shall be identified prior to building permit. Even though the commercial space is tenet finish, interceptors will be required at this time if food processing establishments are anticipated for this project. ACSD will not approve service to food processing establishments retrofitted for this use by small under counter TRAPS at a later date. • Oil and Sand separators are required for parking garages and vehicle maintenance establishments. Exhibit C—Boogies DRC Comments Page 3 of 4 • Driveway entrance drains must drain to drywells. • Elevator shaft drains must flow thru o/s interceptor • Old service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements. • Below grade development may require installation of a pumping system. • One tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single service line. • Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. • All ACSD fees must be paid prior to the issuance of a building permit. Peg in our office can develop an estimate for this project once detailed plans have been made available to the district. Where additional development would produce flows that would exceed the planned reserve capacity of the existing system (collection system and or treatment system) an additional proportionate fee will be assessed to eliminate the downstream collection system or treatment capacity constraint. Additional proportionate fees would be collected over time from all development in the area of concern in order to fund the improvements needed. • Glycol heating and snow melt systems must be designed to prohibit and discharge of glycol to any portion of the public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. • Soil Nails are not allowed in the public ROW above ASCD main sewer lines and within 3 feet vertically below an ACSD main sewer line. • We can comment on this application in greater detail once detailed plans have been submitted to the District. Exhibit C—Boogies DRC Comments Page 4 of 4 �r t ` t 1 x. i t , t DU' Lce HOTELS AND RESORTS" MEMORANDUM TO: Jessica Garrow, Community Development Department FROM: Cindy Christensen, APCHA Operations Manager DATE: April 3, 2013 RE: REDEVELOPMENT OF 534 E. COOPER (aka Boogies) ISSUE: The applicant is proposing additional square footage on the second story and adding a third story on the Boogies building located at 534 E. Cooper. BACKGROUND: The building currently consists of commercial space and an affordable housing unit. The affordable housing unit, although deed restricted, was not required mitigation for the original project, it was voluntarily provided. It is currently listed as a 715 square foot, one bedroom, Category 3 unit. The minimum square footage required by the Housing Guidelines to qualify as such a unit is 700 square feet. Because the standards that determine net livable square footage have evolved, the existing square footage of this unit would be measured as a bit less than 700 square feet. Therefore a portion of the existing patio area is proposed to be incorporated into the affordable housing unit to correct this issue and the balance of the patio area used for the proposed commercial expansion. The commercial expansion proposes to enclose the existing second floor patio dining area (less the area enclosed to correct the affordable unit square footage). Adding the 2,307 square foot (net livable) free-market penthouse requires the addition of a third floor to the building. With the exception of the addition of a new entry lobby/elevator, and minor revisions to the affordable housing unit's windows, no significant changes to the footprint of the existing building are being proposed. The existing square footage is 10,865, and the expanded square footage will total 11,024 square feet, a difference of 159 additional square feet. DISCUSSION: The Land Use Code specifies the mitigation requirement at 60% of the employees generated by the additional commercial or lodge development. It also specifies that for each finished net livable area, at natural or finished grade, 30% of the additional free-market residential net livable area requires affordable housing mitigation. In both sections, the mitigation is required at Category 4. Mitigation for Free-Market Residential Unit: The Land Use Code states that the proposed free- market residential unit will mitigate its impacts by requiring 692, net livable square feet of affordable housing (2,307 square feet X 30% = 692.1). The existing unit contains approximately 705 square feet of net livable space. The applicant is proposing to record an updated deed- Redevelopment of 534 E.Cooper/Boogies Page 1 restriction on the unit at the current Category 3 rate. If the existing unit is not accepted for mitigation purposes, the applicant then proposes to purchase a Certificate of Affordable Housing Credit in an amount equal to the required mitigation. The applicable conversion is one employee per 400 square feet of net livable area, calculated as — 692 square feet _ 400 square feet/employee = 1.73 Category 4 FTE's. Mitigation for the Expansion of the Commercial Space: The applicant is proposing an additional 159 square feet of commercial space by enclosing the patio dining area. This expansion generates 0.5 employees of which 0.3 FTE is the required mitigation. The breakdown is as follows: 159 square feet_ 1,000 square feet= 0.16 0.16 X 3.1 employees/1,000 square feet= 0.5 employees 0.5 employees X 60% = 0.3 employees The table below shows the generated FTE's as a result of the proposed additions at the 100% mitigation level, and the required 60% mitigation based on the Land Use Code: 60% @ Floor 100% Category 4 FM Residence 5.77 1.73 Commercial Space .5 .3 TOTAL 6.27 2.03 The applicant is proposing to mitigate by utilizing the existing Category 3, one-bedroom deed- restricted unit (which was a voluntary unit) and placing an updated deed restriction on the unit. The existing unit mitigates for 1.75 FTE's. By providing an on-site unit, the Code allows for an applicant to mitigate at the higher mitigation requirement; therefore, the mitigation in this case is 1.73 FTE's. The existing one-bedroom unit does satisfy the current mitigation requirement. Another way to look at the impact of the proposal is to consider the difference between the current requirement and the oft stated desire to mitigate at 100%. In that light, the benefit that accrues to the developer at the expense of the community, is not having to provide housing mitigation for an additional 4.54 full time equivalent employees (6.27 at 100% less 1.73 per code =4.54 FTE's). RECOMMENDATION: The Board reviewed the application at their regular meeting held April 3, 2013 and finds the proposal consistent with the provisions of the current code regarding the use of the existing one-bedroom unit for mitigation of the proposed commercial and residential expansion. If using the on-site unit for mitigation is approved, the development would be allotted one point to the overall GMQS score. Redevelopment of 534 E.Cooper/Boogies Page 2 Jessica Garrow From: Claude Salter Sent: Monday, March 25, 2013 12:33 PM To: Jessica Garrow Subject: RE: DRC for 3/20- 534 E Cooper(Boogies) and 204 S Galena (Gap) Hello Jessica, Zoning comments for the 534 E Cooper, aka Boogies: 1. The calculation for existing floor area is not accurate. sheet E-102 the stair at South East corner should not be included. 2. Storage in Basement: sheet A-101 Proposed floor area calculations, and sheet A-106 Net leasable: indicate for whom the storage is proposed, for example commercial or residential. (does this really matter as sub grade space it is exempt from total and as net livable exterior storage is not part of net livable space) 3. Proposed "exterior roof garden" not calculated as deck exemption. How is a roof garden not also a roof deck? 4. Roof mechanical sheet A-105; no information provided. S. Page 17 gives details on proposed square footage but not proposed floor area. Is the deck exemption for the free market unit really 470 pursuant sheet A-103?The deck exemption is based on allowable floor area per use, - not including the bonus of the TDR. 6. Proposed elevations have the chimney which was not approved by HPC. See exhibit 2, HPC Resolution No. 16 (Series of 2012). 7. Elevations (sheet A-112) and floor plan (sheet A109) indicate a door at the North elevation of the third floor free market unit.The roof at the third level has not been counted toward 'deck exemption'.And the brick parapet shields the use. Is it intended for mechanical? Regards, Claude Claude Salter Zoning Enforcement Officer Community Development Department City of Aspen 130 South Galena Street Aspen, CO 81611 970.429.2752 www.aspenpitkin.com Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. 1 From: Jessica Garrow Sent: Friday, March 08, 2013 11:37 AM To: Andy Rossello; Brian Flynn; Cindy Christensen; Claude Salter; Denis Murray; Ed Van Walraven; Jerry Nye; Tim Ware; Trish Aragon; Tyler Christoff; Josh Rice; John Krueger; Lynn Rumbaugh; tom @aspensan.com; Ashley Perl; Jackie Lothian Cc: Justin Barker Subject: DRC for 3/20 - 534 E Cooper(Boogies) and 204 S Galena (Gap) Hi.everyone, We will be holding a DRC meeting on Wednesday, March 20th at 1:30pm in Council Chambers for redevelopment applications at 534 E Cooper(Boogies) and 204 S Galena (Gap). Attached are the referral memos for both cases. These cases have been referred to the following departments: Engineering, Zoning, APCHA, Parks, Fire, Utilities, Sanitation, Building, and Environmental Health. If you are not listed and want to review the applications please let me know and I'll get you an application, If your department is not listed you do not need to attend the DRC meeting on the 20`n Hard copies of the Boogies applications are in boxes. I'm sending one full size set of plans to Building, hoping building and engineering can share. If anyone else needs a full size set of plans let me know. We do not have enough hard copies for the Gap application, so hard copies of the application are going out to sanitation and fire today. For everyone else,the application is available electronically at: X:\City\City Community Development\204 S Galena Application.pdf. Justin Barker is the case planner, so if you have questions or need a hard copy please let him know. Comments for these cases will.be due back to Justin and me by March 29`n. As always, let us know if you have questions. Cheers, Jessica Jessica Garrow, AICP Long.Range Planner Community Development Department City of Aspen 130 South Galena Street Aspen, CO 81611 970.429.2780 www.aspenpitkin.com ** All City of Aspen email addresses are being changed to first name.last name @citvofaspen.com. Please update your contact list. ** Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable,the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. 2 DRC 3-13-13 ACSD Requirements-616 East Hyman Ave. Redevelopment Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. On-site utility plans require approval by ACSD. Oil and Grease interceptors (NOT traps) are required for all food processing establishment. Locations of food processing shall be identified prior to building permit. Even though the commercial space is tenet finish, interceptors will be required at this time if food processing establishments are anticipated for this project. ACSD will not approve service to food processing establishments retrofitted for this use by small under counter TRAPS at a later date. Oil and Sand separators are required for parking garages and vehicle maintenance establishments. Driveway entrance drains must drain to drywells. Elevator shaft drains must flow thru o/s interceptor Old service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements. Below grade development may require installation of a pumping system. One tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single service line. Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. All ACSD fees must be paid prior to the issuance of a building permit. Peg in our office can develop an estimate for this project once detailed plans have been made available to the district. Where additional development would produce flows that would exceed the planned reserve capacity of the existing system (collection system and or treatment system) an additional proportionate fee will be assessed to eliminate the downstream collection system or treatment capacity constraint. Additional proportionate fees would be collected over time from all development in the area of concern in order to fund the improvements needed. Glycol heating and snow melt systems must be designed to prohibit and discharge of glycol to any portion of the public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. Soil Nails are not allowed in the public ROW above ASCD main sewer lines and within 3 feet vertically below an ACSD main sewer line. We can comment on this application in greater detail once detailed plans have been submitted to the District. Memorandum Date: March 18, 2013 To: Jessica Garrow, City of Aspen Planning From: Brian Flynn, Parks Department Re: 534 E Cooper St, Boogie's Building ------------------------------------------------------------------------------------------------------------ Landscaping and Sidewalk Landscaped area: Landscaping in the public right of way will be subject to landscaping in the ROW requirements, Chapter 21.20. There shall be no plantings within the City ROW which are not approved by the City Parks Department and the Engineering Department. Tree Permit: If a tree(s) is requested for removal, the applicant will be required to receive an approved tree removal permit per City Code 13.20, this includes impacts under the drip line of the tree. Parks is requiring that the tree permit be approved prior to approval of the demo and/or building permits. If a permit is necessary, contact the City Forester at 920-5120. Mitigation for removals will be paid cash in lieu or on site per City Code 13.20. Parks will approve a final landscape plan during the review of the tree removal permit based on the landscape estimates. Tree Protection: 1) A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site and their represented drip lines.A formal plan indicating the location of the tree protection will be required for the bldg permit set. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site. This fence must be inspected by the city forester or his/her designee (920-5120) before any construction activities are to commence. As referenced in Chapter 13.20 r .. Date: March 29, 2013 Project: 534 E Cooper City of Aspen Engineering Department DRC Comments These comments are not intended to be exclusive, but an initial response to the project packet submitted for purpose of the DRC meeting. Drainage: General note: The design for the site must meet the Urban Runoff Management Plan Requirements. Staff was not able to determine whether or not the site will meet these requirements. A full review will be completed when there is enough information to review. A compliant drainage plan must be submitted with a building permit application. This includes detaining and providing water quality for the entire site. If the site chooses fee- in-lieu of detention (FIL), it can only be applied to existing impervious areas all new areas will need to discharge at historic rates. Any detention requirements covered under the FIL option must discharge directly to the City's stormwater infrastructure. Staff was unable to determine whether or not the site is able to meet all the Drainage Principals: 1.Consider stormwater quality needs early in the design process. 2.Use the entire site when planning for stormwater quality treatment. 3.Avoid unnecessary impervious area. 4.Reduce runoff rates and volumes to more closely match natural conditions. 5.Integrate stormwater quality management and flood control. 6.Develop stormwater quality facilities that enhance the site, the community, and the environment. 7.Use a treatment train approach. 8.Design sustainable facilities that can be safely maintained. 9. Design and maintain facilities with public safety in mind. Sidewalk and Curb and Gutter: General note: All sidewalk, curb and gutter must meet the Engineering Standards as outlined in Title 21. As of March 13, 2013, the sidewalk was in acceptable condition and did not require replacement. The curb and gutter was damaged and should be replaced. Should the sidewalk, curb or gutter be damaged as a result of construction activities, it will be the property owner's responsibility to repair the damage as described in Title 21. 1 r. Construction Management—Engineering is concerned about the Construction Impacts of this site. The plan shall describe mitigation for: parking, staging/encroachments, and truck traffic. Note that the current code does not allow for any encroachments during the on-seasons (November 1 —April 15 and June 1 — Labor Day). Excavation Stabilization—Due to the proximity of the neighboring property, the City will require an excavation stabilization plan prior for any excavation. The plan should be submitted with the building permit submittal. Fee in Lieu —This project is considered a Major project and can opt to pay the Fee in Lieu for a portion of the detention requirements. Please refer to Section 2.12.140 of the Municipal Code. RECEIVED FEB 15 CITY 01- AZSPEN COMMUNITY DEVELOAPMENT 534 EAST COOPER GMQS/SUBDIVISION APPLICATION AN APPLICATION FOR GROWTH MANAGEMENT AND SUBDIVISION APPROVAL FOR 534 EAST COOPER AVENUE Submitted by: Boogie's Building of Aspen, LLC c/o Leonard Weinglass 534 East Cooper Avenue Aspen, CO 81611 (970) 925-6462 February 15, 2013 Prepared by: VANN ASSOCIATES, LLC Planning Consultants P.O. Box 4827 Basalt, Colorado 81611 (970) 925-6958 PROJECT CONSULTANTS PLANNER SURVEYOR Sunny Vann Mark S. Beckler, L.S. #28643 Vann Associates, LLC Sopris Engineering, LLC P.O. Box 4827 502 Main Street, Suite A3 Basalt, CO 81621 Carbondale, CO 81623 (970) 925-6958 (970) 704-0311 ARCHITECT CIVIL ENGINEER Kim Weil,R.A. Yancy Nichol, P.E. Poss Architecture + Planning Sopris Engineering, LLC 605 East Main Street 502 Main Street, Suite A3 Aspen, CO 81611 Carbondale, CO 81623 (970) 925-4755 (970) 704-0311 i TABLE OF CONTENTS Section Page I. INTRODUCTION 1 II. PROJECT SITE 2 III. PROPOSED DEVELOPMENT 16 IV. REVIEW REQUIREMENTS 37 A. Growth Management 37 B. Subdivision 46 C. Vested Rights 52 APPENDIX A. Exhibit 1 , Pre-Application Conference Summary Exhibit 2, HPC Resolution No. 16, Series of 2012 Exhibit 3, Title Insurance Policy Exhibit 4, Permission to Represent Exhibit 5, Land Use Application Form Exhibit 6, Dimensional Requirements Form Exhibit 7, Application Fee Agreement Exhibit 8, List of Adjacent Property Owners B. Exhibit 1 , COMDEV 1995 P&Z Memorandum ii TABLE OF CONTENTS Section Page APPENDIX B. Exhibit 2, Affordable Housing Unit Deed Restriction Exhibit 3, Temporary Use Application Exhibit 4, City Council Resolution No. 21, Series of 2003 Exhibit 5, Sopris Engineering Report C. Exhibit 1, Parks Department E-Mail iii I. INTRODUCTION The following application requests growth management and subdivision approval for the development of a third floor addition to the existing mixed-use commercial building located at 534 East Cooper Avenue in the City of Aspen (see Pre-Application Conference Summary, Exhibit 1, Appendix A, attached hereto). Conceptual major development approval and conceptual commercial design review approval for the proposed addition were granted by the Historic Preservation Commission ("HPC") on July 11, 2012 pursuant to Resolution No. 16, Series of 2012 (see Exhibit 2, Appendix A). Vested property rights status is requested for all approvals granted pursuant to this application. The application is submitted pursuant to Sections 26.470.060.5., 26.470.070.4., 26.470.080.2 and 26.480.040.C. of the Aspen Land Use Regulations (the "Regula- tions") by Boogie's Building of Aspen, LLC (hereinafter "Applicant"), the owner of the property (see Title Insurance Policy, Exhibit 3, Appendix A). Permission for Vann Associates, LLC, Planning Consultants, to represent the Applicant is attached as Exhibit 4, Appendix A. A land use application form, dimensional requirements form, application fee agreement, and a list of property owners located within three hundred feet of the project site are attached as Exhibits 5, 6, 7 and 8, respectively. The application is divided into four sections. Section I provides a brief introduction to the application, while Section II describes the project site. Section III of the application outlines the Applicant's proposed development, while Section IV addresses the proposed development's compliance with the applicable review require- ments of the Regulations. For the reviewer's convenience, all pertinent supporting documents relating to the project (e.g., prior approvals, engineering report, etc.) are provided in the various appendices to the application. 1 While we have attempted to address all relevant provisions of the Regulations, and to provide sufficient information to enable a thorough evaluation of the application, questions may arise that require further information and/or clarification. We will provide such additional information or clarification as may be required in the course of the application's review. 11. PROJECT SITE The project site is legally described as the easterly 2.5 feet of Lot Q and all of Lots R and S, Block 95, City and Townsite of Aspen (Parcel ID No. 2737-182-24-008), and is located at the northwest corner of East Cooper Avenue and South Hunter Street. As the Improvement Survey on the following page illustrates, the property contains approximately 6,269 square feet square feet of "Lot Area". No reductions in lot area are required due to steep slopes, right-of-ways or surface easements. The property is zoned CC, Commercial Core, and is located within the City's Commercial Core Historic District. Improvements to the property consist of a two-story, mixed-use building with a partial basement, which is commonly referred to as the "Boogie's" building. The building's ground floor is occupied by Boogie's retail clothing store, while it's second floor, or mezzanine, contains the Boogie's Diner restaurant, its kitchen, and a one-bedroom, deed restricted affordable housing unit. An outdoor deck, a portion of which is enclosed within a tented structure, abuts the restaurant and is used for additional restaurant seating. The basement contains the building's mechanical rooms and multiple storage areas for the retail store and restaurant. Various interior stairways and a small elevator provide access between the building's basement, ground floor and mezzanine. An additional stairway, which is accessed from the Hunter Street sidewalk, provides access to the affordable housing unit. A covered utility/trash/recycle area abuts the alley at the rear of the building. 2 IMPROVEMENT SURVEY PLAT-TOPOGRAPHICAL MAP OF: BOOGIE'S BUILDING OF ASPEN, LLC IOONO 125'BRAS DOC a °°mow „O„�L4 A PARCEL OF LAND SITUATED IN THE NW/4 OF SECTION 18,TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M. �Y � STONE F`T I CITY OF ASPEN, COUNTY OF PITKIN STATE OF COLORADO UnwrtNSSCav+Eq- 7PN -- 8A515 OF BEARING 7�' I AssESSOa PARCEL NO27371812A004 IDIOM - "' 3oBNUNrEauct -- –_--.418 EAST'tLSOPDI AVENUE ASSESSOR PARCEL ASPEN CO 81 PAP Db c ,� t< No.27371a315D02 ' '� 1'n l NS IS FIX ASM LOTa LOTH LOTI ST�7) ^ `1 y 4 0WIWA IS��ET � (s� L� L ,. l `S+`{ AS EN CONN77p�DXl '� , I UMENTGPSS +} ut. _ c 1 W EMMI PKINS r y 7 l 3 U9 _ Fes– �f ALLEY U9 4 ^r !'c 75 ....: IIA.W. C f Z ti BLOCK 95 T>I Lic u ul a Uti ue Q VI LS" 55 5 ♦ Y -r 0 REVOLUTION 5 o Tf` 3 ore?AluA -u �� '� .a PARTNERS LLC q1 e ATSnNFF UNk SET 1.LS' ° ASSESSOR PARCEL J e eMUOtSC Nf.27371822mef h - IT UK REM Xu IN ASPHALT P.O.BOX 1247 i'� 1 T T ♦ 3 I Q z •OUrION1N UNE I PLASTIC L.S.a711641 " EN CO 81612 LOT _ ASP LOT R LOT 5 BLOCK 93 L.S.S: l Cwr BLOCK 95__--– –_--30OK 95 - _ }15 2.500' fOUNO Px NNL I n'�y{ SLOT UK a 3.s wASNEN `� IN CONCREtE WALK L3.243M "° fit VICINITY MAP F sv4E:r•3000 ASPEN[OHIROL a � �f3� W MDNUMENTGPS3 \ p ¢' TITLE PROPERTY DESCRIPTION GALENA&DURANT ti SUBJECT ROPERTY FV-7 6,269 .ft ° v The Easterly 2}feet of Lot Q, uj CONTROL MAP 0.141 acres Nov" °S 'V„ cc i and all of Lots R&5, Nm70Lr /'t1'AI,. jltl q 8bek95 TITLE NOTE s� y BOOGIE DINER e( City n TOWnslte of Aspen ,q y 534 EAST PER AVENUE h -1 111 s g County of PINOn AGREEMENTRECORDED FEBRUARY 23,1965 IN BOOK 211AT PAGE 515 E g in MULTI-STORY ERCIAL BUILDING s p QQ pE _ - State Of Colorado DESCRIBES BURRING IMPROVEMENTS AND CONDITIONS THAT ARE DFFERENT trl 5 I METAL GUESS THAN THE CURRENT AREA CONDITIONS. &BRICK O0. r 22 ,c7 THISSURVEYCOULD NOTDETERMINE IF AGREEMENT 6CURRFNR.Y INAFFEC7. b s R WITH NT LEVEL k� s nn'W"',u- /'`� NOTES 11 DATE OF SURVEY: MARCH 512,2012 fy` i 2) DATE OF PREPARATIOW.MARICH 513,2011. EXISTING CONDITIONS LEGEND ° �F ,/� 3) BASH OF BEARING:A BEARING OF S 75'09'11'E FROM THE NORTHWEST BOLMDARYCORNER OF - STREEE7/PARKM SIGN SrtP BLOCK 95,MONUMENTED BY A FOUND L2"BRASS CAP IN A STONE STEP L.S.28673 AND THE n BALLARD tie \ 1, I THE NORTHEAST BOUNDARY CORNEA MONUMENTED BY A FOUND a5 KELLAR&PLASTIC WITNESS CAP KI CATV PEDESTAL [dt may' .t / ! �\ f LS.028643 ILLY),AS SHOWN ON THE COMROLAMP. m TELEPHONE PEDESTAL ° f A l 4) BASES OF SURVEY:THE CITY OF ASPEN OFFICIAL MAP PREPARED BY GL BIXNANAN DATED IZ/12/59: E] ELECTRIC METH[ • \ m \� THE CITY OF ASPEN GPS CONTROL MONUMENTATION 2009 SURVEY PREPARED BY MARON ENGINEERING LLC Ili ELECTRC TRANSFORMER \/ / \ WITH A REVISED DATE OF MAY 7,2010.VARIOUS DOCUMENTS OF RECORD;AN O THE FOUND MONUMENTS AS NOTED. SEWER CLEANOIt -Cm uxE g c:J SEWER MANHOLE ADUN LINE- ij6& �, 5) THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY SOPRLS ENGItEEAWG,LLC(SE)TO DETERMINE vET 215 BRASS RR- if OWNERSHIP OR EASEMENTS OF RECORD.FOR ALL INFORMATION REGARDING EASER,EMS,RIGHTS OF WAY CURB STOP INCONC 811ASSOIS[ t 1I 1x1 WATER VALVE I � AND/Oft COTALEAI NEWRP,SEREUED UPON THE ABOVEANTEE CDMMAPS SPEN FIE Ri ND1330AFD TIE IN CONGER 4.S '�-�3❑ y TITLEC OMMTT MENTPREPAREDBYSiEWAR7TREGUARANTEE CDMPANr-ASPEN&FEFNinFOf33atm1 LS,e2844s �r WATER HYDRANT Elfll"79273' � �i..h3T 6 TMyI � WITH AN EFFECTIVE DOTE OF FEBRUARY 2$2012. BIN N GAS METER 6)BASES OF ELEVATION,Ml NAVD BB ELEVATION OF 7730.88 FEET ON THE NGS STATION 5-259,BEING PART CQ ELECTRIC MANHOLE fr t�,9 y i OF THE CITY OF ASPEN GPS CONTROL MONUMENTATDN 2009 SURVEY PREPARED BY MA"ENGINEERING A HUNTER PLAZA LLC,WHICH ESTABLISHED A PROJECT SPECIFIC BENCHMARK ELEVATION OF 79273 FEET ON THE SET QWATER MANHOLE ANHOLL -Sam 6 e e ° " 1 ASSOCIATES ZA L2 S• �IN CONCRETE MONUMENTM THE SOUTHEAST BOUNDARY CORNER OF LOTS,BIOO(95, IT (9 TELEPHONE NAANHOLE sFNUxING WALL IN CONCRETE lwTg3H 4 ° , NASSESSO18 PARCEL I.S.RBB41 \'e. ]e j 7)CONTOUR INTERVAL THE SITE WAS FIELD SURVEYED FOR A SAY CONTOUR WTFAVAL © UTILITY MANGLE ,5 T9r 2�SOUTH NUL STREET THIS FIELD DATA WAS MODELED TO THE SHOWN OW CONTOUR INTERVAL _ S S75-09-11"E,,, 62.69' > ASPEN coelsu Hi CURB INLET STRUCTURE _ --. �L`_ –_ - �, ! THUS CONTOUR INTERVM WITH SPOT ELEVATIONS WAS DEVFLOPEDIO BETTER DEMON5T11ATE —• — UNDERGROUNIDCATV f `�� O 'A+p n e ° ° A ^+d/ THE CURRENT SITE DRAINAGE PATTERNS. 30.95]0. HH ° v lyd,/ " --.I°-—•I UNDERGROUND TELEPHONE " ° Op p° S7 A ° " �,_ B)FIOODZONE X•AREAS DETERMINED TO BE OUTSIDE THE 500-YEAR FLOOOPIAIN AS DELINEATED BY THE UNDERGROUND ELECTRIC ( Q° wNUEIEwMe a ml,Ej d,! e ° "` KOAMW \ FFMA/FIRM MAPPING DATED AR SE 4.1987 iMAP NO.080970007 Q. e i�3 1 f —u—ss— SEWER LINE 'e 91 GROUND COVER AT THE TIME OF SURVEY.66"c%OF SNOW AND ICE. y WATER LINE w—'19— GAS LINE SURVEYOR'S CERTIFICATE %7925.0 SPOT ELEVATION tDAD�a16701e�aG16 �,. - �� �� _. _�`� ti I hereby Enginstate that this Improvement Survey Plot was prepared by _ / SIZE.TRUNK CIA"a OR1N8E PAD' SOprla Engineering,LLC(SE)for BOOGIE'S BUILDING OF ASPEN.LLC O' a Colorado Limped Liability Company DECIDUOUS TREE &STEWARTTTELE-ASPEN GRAPHIC SCALE --- f ,1 I furthermore state that the Improvements on the above described parcel on this daft, COOPER STREET r/ MARCH 12.2012,except uUttty connections are entirely within the botatdarlas of the parcel except as shown,that there are no encroachtrbnt�,uep4 the described premises ° TamN�rtawar' - AalwtauvAa .�- by anent evidence or any adjoining f ay t thet thane k ro L IN FELT) .. parcel,et as noted)turtFlarmore floras, 1Rrrh= 20R . it rastrlctlon covenants and - - • ® ris.c asuTrn" d thr- 4", relative positional accuracy of nq� j�, 'Q GENERAL UTILITY NOTES: 5 •• 1.The locations of underground utilities have bean plotted based on 28643 Utility maps.conatructlan/defto pens other Infix—tbn provided by w s a Mark O BeckNr Ls. scat utility companies and actual field locations in some Wtancas.These �- Utilities,as shown,may not represent actual Mid conditions.it IN the responsibility of the contractor to contact all WIRY companies for fkid 4 <"� SOPRIS ENGINEER& L�� , • �-. IOCetIpH d utilities pe"t0.contb'uctlorL ASPEN G110VE ASSOCB1T6llP SIFJN 8111DN10 ,�r „r°t sue' ,�g q sr zie bit M,.#J� • .••°' AssESSOaPARCELNs17371B12tOD2 AssEssollrAllC9Tb2737381210D3 x ASPENSGLIARFCONDDS CIVIL CONSULTANTS 502 MAIN STREET SUITE AL LAH� 4 F FIAT BOOK 3 PAGE 30 P RE �UUn GgRgONDALE,COLORADO 81623 SHEET l OF 1 moll armu.ee bran mecr Mnnassvmalrwatwwa 205 S MRl STn01A 118 FAST[OGLER AVENUE ri AsrErEmn6u r � w�waK"'OMw n'"'ia al"c3 nuia+oaw.~ w sunw.e1 % lOTH LOT " @SOPRISENG.COM uoa ow-u rn•wxmwws 0)704 0311 SOPRISENG The Boogie's building was constructed in 1987, the development right for which was derived from the demolition of the "Shaft Restaurant" building which previously occupied the property. A commercial growth management quota system ("GMQS") allotment was not required as the resulting reconstruction credit was sufficient to accommodate the new building. While a two-bedroom, affordable housing unit was included in the new building, the provision of the unit was strictly voluntary, and was not required as mitigation for the redevelopment of the property. The voluntary provision of the unit is noted in a Community Development Department ("COMDEV") memorandum to the Planning and Zoning Commission ("P&Z") dated April 25, 1995 (see Exhibit 1, Appendix B). As the 1995 staff P&Z memorandum indicates, the Applicant proposed to expand the Boogie's Diner restaurant to include one of the affordable housing unit's two bedrooms. As the unit had been voluntarily provided, the P&Z approved the expansion based on COMDEV's and the Aspen/Pitkin County Housing Authority's ("APCHA) recommendation subject to several conditions. A deed restriction for the reconfigured one-bedroom, affordable housing unit was recorded (see Exhibit 2, Appendix B) and a cash-in-lieu payment was made to mitigate the employee generation resulting from the conversion of the affordable housing bedroom to commercial use. A payment was also made in lieu of the provision of on-site parking for the additional commercial area. It should be noted that the recorded deed restriction indicates that the reconfigured unit contained approximately 715 square feet of net livable area. This figure was based on the floor plans submitted in connection with the Applicant's request to expand the restaurant, and are attached to COMDEV's 1995 memorandum. As the plans illustrate, the net livable area calculation appears to have included the unit's access stairway. As APCHA's current guidelines exclude stairways from such calculations, the affordable 4 housing unit's net livable area is actually less than that contained in the deed restriction. This inconsistency, however, is apparently due solely to APCHA's evolving guidelines as no further changes to the unit have been made. It should also be noted that, while the P&Z approval referred to the reconfigured affordable housing unit as a Category 2 rental unit, the deed restriction states that the unit is to be rented pursuant to APCHA's Category 3 guidelines. The deed restriction further confirms the voluntary nature of the unit as it specifically permits its removal subject only to the removal or modification of the unit so as to prohibit its occupancy for residential purposes. To address these inconsistencies, a new deed restriction will be recorded following the receipt of the requested GMQS/subdivision approvals. In 2003, the Applicant was notified by COMDEV that the tented structure enclosing a portion of the restaurant's outdoor deck would require the issuance of a temporary use permit to allow its retention. A temporary use application was subsequently submitted by the Applicant requesting approval to maintain the tent as a temporary structure during the month of March, and during several additional peak winter periods including Christmas, New Years, the X-Games and Presidents Day weekend (see Exhibit 3, Appendix B). The application was supported by COMDEV and approved by the City Council pursuant to Resolution No. 21, Series of 2003 (see Exhibit 4, Appendix B). The requested approval was granted subject to several conditions. The temporary use permit was to expire on April 1, 2003, and the tent was to be removed by April 2, 2003. The Community Development Director, however, was given authority to grant future temporary use requests for periods of no more than fourteen days if such requests were determined to be consistent with the original approval. This condition is believed to have been added to address the Applicant's request to tent the deck during such 5 periods as Christmas, New Years, the X-Games, etc. While Resolution No. 21 did not address the enclosure of the outdoor deck for more extended periods, the tented structure has apparently been maintained on an essentially permanent basis in recent years. As best as we have been able to determine, no application to permanently maintain the structure has been submitted or approved. Floor plans with area takeoffs and elevations of the existing building are provided on the following pages. As the area takeoffs illustrate, the existing building contains approximately 8,101 square feet of floor area excluding its outdoor deck, the area of which is less than the maximum allowed. The building's ground floor contains approximately 5,172 square feet of floor area while its mezzanine contains the remaining 2,929 square feet. The basement is exempt from floor area calculations as it is located 100 percent below grade. The building's existing commercial net leasable area totals approximately 10,865 square feet including its basement storage areas and circulation. The one-bedroom affordable housing unit contains approximately 654 square feet of net livable area based on APCHA's current definition of such area. Existing development in the immediate site area includes the historically designated Bowman Building, which is located on the south side of Cooper Avenue across from the project site; a recently approved mixed-use building, which is to be developed on the vacant parking lot at the southwest corner of Hyman Avenue and Hunter Street; the Hunter Plaza Associates commercial building, which is located at the northeast corner of Cooper Avenue and Hunter Street; and the Aspen Square commer- cial/condominium building, which is located at the southeast corner of Cooper Avenue and Hunter Street. The character of the immediate site area can be describes as a mixed- use neighborhood containing a variety of multi-story buildings and commercial, office and residential land uses. 6 possARCHITECIURE+PLANNIN( - - - - - - - - - - -- - - - - - - - - - - -- - - - - - - - - - - - - - - 13 I I I I I I I I co�:wFem I I I I I I COMMERCIAI OOF N 1EA R F1 I /23U 50 I I I I I I I Issue I til' 01.2P.14 I.41ts.:11�'I IAII���S I tl� J`IS i5�l Ili�ll'I�I�T\'41`I' I I NLWUNII AREA 2 SG FT I I I I I I I I I I I I I 534 EAST COOPER G�4 VS.,I,ISI TI V ISIJS API'LIc'A Il0A ASPI-�.C0( BUILDINGfL00RAREA COMMERCIAL NOM.NIT A11J COMMERCIALDECX (EXISTING) 0 BASEMENTLEVEL 230(—Pt)) 372(e Pt) 0 0 GROUND LEVEL d993 0 119 P0.01EC7 N0 2199 0 730 1153 2'014 W MEZZANINE LEVEL 0 DWG FILE. 0 ROOF LEVEL 0 0 RATI%iIUS Fr(SI IVYi PIA d..c SHEET PTLE 0 90y 53 SUB-i0'AL 1192 D EXISTING E3ASEMENT LEVEL ADDED NONUMT SPACE 0 0 ADDED DECX SPACE 0 1153 sp X TOTAL FAR 7192 sp N 909 sp N EXISTING BASEMENT LEVEL E-1 01 ---------- - ---------- ---- all NO Poro V70"00 '"le"If""Z.... .17"AO,...iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii 0, MA --mrrwr 'o IFF6'FAFROWIFF ow"101", FIR olvo MMMON,MAO IF NOW ro WOMEN -------- 0 go,VA- 9,Vol MIA 0 W. ' �/ /, �� 'PA 011MAIRRIP pal --------------------- ------- --------------- - ------------------------ ---- poss ARCHITECTURE+PtANNIN( .;j'• .'+;. .;��.`. .;.'.; ; OPEN 10 BELOW \ I \\ mwrmmar arse eneuw uu \ m nu ne 4Kee Ln e7erete tee it \ Consupent E XIS IING CANVAS 1 STRJ,NRE \. a■ li �• ;� :; EXTERIOR AHII DECK •FIGOR A9EA 1153 SO FI 0 0 SO Fl •� Ili OPEN FO BELOW \\\ ! II Sl3 01.17.11 1.{h(.AI I_L'I>Il(I`S ITIt('AIC 111 ICI\l Sl1 0'.I+-11 Slltl�l VSb I\.41'1' COMMERCIAL OOH AREA 199 SO FT OPEN TD BELOW 534 EAST COOPER OPEN TO RELOW i'�\1�5.51'6Z1[VISMIAPI't,h AIIC3N ASPIL1,1,1110]1 LEVATOR BUILDING FLOOR AREA (EXISTING) COMMERCIAL NONI AH3 COMMERCMLDECK BASEMENT LEVEL 4230 L—pt) 3721—P0 0 0 GROUND LEVEL 4993 0 179 0 MEZZANINE LEVEL 2199 0 730 1153 No ROOF LEVEL 0 0 0 O PROIECi 0 "!2019.00 DWG FILE ,(1 L-,ILS EXISI l\tl PLA!S.d..e SUB TOTAL 7192 0 909 1153 ADDED NONUNIT SPACE 0 0 SHEET ilitF ADDED DECK SPACE o o EXISTING ME//ANINE LEVEL TOTAL FAR 1192111 9o9 s9 N 1153 sp h EXISTING MEZZANINE LEVEL E-103 E:log 02013 ric poss ARCHITECTURE+PLANNIN( 13m OPEN TO BELM 1[t[Alt Alt Iitl[i t11[l t[llttll Iil1 (TI[It/ttt ti[[ l!)t)t/It0 1f1 Consultant EXISTAL CANVAS ST PICTURE Issue. Sly 01.1x.14 FART All 1:1,1111111 SIB 11;n.1i I:AP.(A ALtI'I_4ll�l\S StT 02.1 i.11 SI_'I11IIVI..111 All' 534 EAST COOPER (>`QS-$,l PI)IVLSIUV APPI11 Al KIN ASPEL 0IL(3"Xh PROJECT NO. '101 4.00 DWG FILE. RIxX DIES E%LSIII,PIA\S.d- SHEET TITLE EXISTING ROOF LEVEL EXISTING ROOF LEVEL 6104 E-104 02013 1 IF".aei<JWO..=: poss ARCHITECTURE+PLANNIN( - - - - - - - - - - - - - - - — - - - - -�— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — I I ' - - - - - - - - - - - - - - - I I I I I I I I I I w urt uu nttn ultA uLSnw uu ITI 11{/I!{4)11 lIl 111/It1!{{ I COnSUlilnl i I I I I I I I CirMMERCM.NEI LEASA6�E 39/l SO FI I I I I I I I I isr� ( vli 0111.11{:AI:(>Ix l I jlls�\S SIB 01.'_B 11 1:'R I)IVISI��. NI, A A I'" I SS, 02.15It 1LllI\ 1r I I I I I I I I I MECHANICAL ROOM I I I �1, 534 EAST COOPER WUM U, .;.�I�asct<nnlsnls nrrl n.AT IPS A.1 rE�.a,l uttvx l i COMMERCIALAZUAU NETLIVABLEANETLEASABLEAAEAS COMMERCIAL NET LEASABLE AHONETLIVABLEAREA ("sLmp AREA BASEMENT 3941 0 GROUND LEVEL 4676 0 PROIEC7 N0 "1111110 MEZZANINE LEVEL 7448 654 ONG h ROOF LEVEL 0 0 11k1;I1_11XI1 IIi1;PIAN'd— SHEETTRLE TOTAL 10865 m fl 654saR EXISTING BASEMEN"I LEVEL EXISTING BASEMENT LEVEL E °5 E-105 02013 ii poss ARCHITECTURE+PLANNIN( I 3m - 0 E . U4 IAIi.AL.160 4V.A eLL..O.ILII � m veAne dne Lq mnea en COMMERCIAL AIEI LEASABLE AREA (ersnmg7 Issue <It 01I{.IT I.AIit Al tl'I_All�t.�5 tilt 01!N I S Kilt t'AI�'L I.A I It?\S Sf� L)'I i 1 S til f11N\'Flit\AI'P SERVICE YARD _ 534 EAST COOPER iLMQ-Y PD WIS10N Arrl R A I E)N AIrL n. t COMMERCIALNIDNN NET LIVABLE&NET LEASABLE AREAS COMMERCIAL NET LEASABLE AHU NET LIVABLE AREA (aietiq) AREA BASEMENT 3941 0 PROJECT NO GROUND LEVEL 4676 0 ."014.To MEZUNINE LEVEL 2248 654 ON FILE. [itx K;I t5 E:Uti 1116 I'll"d e ROOF LEVEL 0 0 SKEET TITLE TOTAL 10865 sa N 651 se fl EXISTING GROI TND LEVEL.. EXISTING GROUND LEVEL E-106 02013 poss ARCHITECTURE+PLANNIN N, ..I.1T.11T .1114 1.111116 1111 !11/1. M 111.1.1116 c...O.N S PIC11% AHIj NEI LIVABLE AREA 65d SG fl 0 —-------------- EXTERIOR DECK OPEN TO BELOW issue ILI 0 1 14 11 1 sil ol 1 Sls O?Is 11 til PI All, COMMEP%IAL NET IEASAALE AREA 22x8 SO R OPEN TO BELOW 534 EAST COOPER u 1IQS/Sl Rll[VIsl,IN APN 11 Al ION OPEN TO BELOW COMMERCA,ANDAE(T NET LIVABLE&NET LEASABLE AREAS COMMERCIAL NEI LEASABLE MU NET LIVABLE AREA AREA BASEMENT 3941 1 GROUND LEVEL 4676 o PROTECT NO MEZZANINE LEVEL 2248 654 21014 ROOF LEVEL o a DWG FILE. N XX;I[-S EMS I I'Il PIkNS d- TOrk I0865 soft 654 sett SHEET TITLE EXISTING NiE//ANINE LEVEL EXISTING MEZZANINE LEVEL E-107 02013 D t -� / VIP 4p->r-rlj-owr poss r ARCHITECTURE+PLANNIN( d 7-7 - 4 \\ 2 _._N <_ _r I , 5 r Z•ox a s - .. 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I _:_ �:-_ I t T O O I BeJGY- -- _ �EhIEEit__ : — � —. i - I SI 01 ti.11 I�Nt.il 1.1 I.gih!� I � co v salt 1�aLAU Lunns l��?ANLi�T7P•)---'- � q' I oOPPLAKI1 OKP cAry nrb E UTH LL 5A 15 ouB M c ov PaxaaeT �— ��KErL'IZ Yo Fiu3�vnoN 1•A33 —SAuG5To06 UNr . e� cLrrfA 3.3 A - I I Ifyur 1T 1 H ro FpRTtuH App IZ 534 EAST COOPER �— _--- _--.-- -- —" 4Qs s 1BI,N I h APPI I,AF rnLi)icADO a�s, 2 - -- - .�--9 4'•6 6 -. 5°J�PS*otilL eNt9 1 - -- •{or of pLco i kD PamECT NO r r 1 :'014(X) J DWG FILE -- �•"� Ix KXAI S I tlS I INI,F I VA I Ill\S.l— SHEET TITLE -- - - - rJ J — NY7S1a1J6 Y.rW - r-' EXISTING SO[TTH I - - - J AND EAST ELEVAl IONS SA✓JD5.1DN(5 6EFi bl.EvATlosl . 6°Sb(77Y1 WR tibRtFt EP✓fRY3-9.9 kI00D bM 6.b/AricH PA^I6lA foµ9ouTH Gr•A'RY G O O E-108 EAST Q2013`; _ I f+�aTONf3 JT• ALJHINJN PR6> 9 m rY poss PEY°ND 1�NI ARCHITECTURE+PLANNINI TYr. � os,FlDBroNE sc_,J� -TONE,5 r ow -17- ror� r>xp.FE � ------ ._.. -.-- - — - OAtJn97oNFi UN>'E1, ■ .- ------ Tof• of PLYI.IvoV _ ___ -- _ -- — - � r urt uu nen yr a aor nu iDE1 0 -_ a. — 1,7 VO/.S6run ,V R0 1r`I lta M or t = -- -_ eANgeTON6 -- ' g.o. D57o E - - SFDW PAINTED L. aewoNp .— 66YoN0 —_.� --- C'+IzA6�coop. ss� yH. - — - I SD OI i�.i i I:AR:AI�I LA k�\� �VJ ' �-''���1�� 51� OI 3P 11 F,�R���Itl'I.All�t;< l� tii� 0_'I�I1 1t NISI\�ISIO\,A I`P K, 1� 9H , 6 NORTH Aa.2 � Io II G I — l2 AWMIuLJ r1 PFAMC- ���—SKYI�oND TEM Y7rIL.eL.�SE/�M F+ �—� copjli6(��rso�orwtw•+) CAPo5'cNE__ j Ahltr�roNs '.\ S x CaP L� L I — —___ "°P OF pa.RAPET A. i WA4-1510H h�l —j TOP...oF FxLfw—o w Pc)c�or�aC* 1 1_I 1 ! _. I I I — ——_ � R N.E��Y. I ° I 4 , I I -- Z4' o+ 534 EAST COOPER 1,\IQS SI:111IMSION.AITI F1 A O\ T7rv^L, ASNN. 11ORADo 'I I F t 1 I I I I I S4n1D°JTO�IE 6�P5 -- \� -- ! 3 I I I I I ! 6.p.eANnsroNe - LNA�� - L� I I.E I I 1 ( - 1 I I I — �s ii4•ro�/� roM or rwolz� I I I I I _ - I i t 1 1 1 - B.O,°aAN D5TON6 t I I N �c 1101.of enNpsroNe � ti l I I I --- _I ,1ANI17Fj caNcFETe � ( I t I G 1 .1 I Zt'•o" 241•pl, �I o° I I I 1 1 F =_-- pn^!p rouNwraN 1 I I I I I I ExFA44GI lJ JOINT 9PAUNb - 1 1 I I I I I I I -I_ P JT• — mmecrrO 1 I 1 Ix .20140 64ND5TON5_ f - - - .III I III I I t ' I. j I I I I I { I t 1.-III I I ! I -- .1 �Nne7DNE owc FILE. RO�x;Le5 EMS I IN„I 1 FVAFIOVc,L- ewarr I t { sheerrrtlE '. W 1 — EXISTING NOR1 H p AND WEST ELEVATIONS ^�3IM WooD 20 1 I II PANEL. 5EE © O O O G L E-109 O 2 WEST oml3 I As the attached Engineering Report prepared by Sopris Engineering, LLC indicates (see Exhibit 5, Appendix B), the existing building is served by all required utilities. Domestic water is currently provided via a four inch service line that connects to a municipal main located in Hunter Street. Sanitary sewer service is provided via two service lines that connect to the existing Aspen Consolidated Sanitation District ("ACSD") main located in the alley at the rear of the property. Natural gas service to the building is also provided from a line in the alley, the meter for which is located within the building's utility/trash/recycle area. Electric service is provided by the City from an existing transformer located adjacent to the northwest corner of the property while telephone service is provided from an underground line in the alley. The building's electric meters and telephone pedestal are also located within the utili- ty/trash/recycle area. Stormwater runoff from the building's roof areas is currently conveyed via a system of internal pipes to an existing drywell located within the basement. Runoff from the building's adjacent impervious areas (e.g., sidewalks, entry area, etc.) sheet flows to the Cooper Avenue and Hunter Street right-of-ways. The Cooper Avenue and Hunter Street sidewalks and the entry area to the building are snowmelted. III. PROPOSED DEVELOPMENT The Applicant proposes to construct a free-market residential unit on the existing building's roof, and to expand the building's mezzanine to include a portion of the existing outdoor dining deck. The expanded mezzanine will replace the deck's existing tented structure. To address accessibility requirements, a new entry lobby/elevator will be added to the building's Hunter Street elevation which will provide convenient access to the building's above grade levels. In addition, the existing exterior stairway which provides access to the affordable housing unit, and an interior stairway which connects 16 the building's basement to its ground floor and mezzanine, will be reconfigured. With the exception of the new entry lobby/elevator, and minor revisions to the affordable housing unit's windows, no significant changes to the exterior of the existing building are proposed. Floor plans with area takeoffs and elevations of the expanded building are depicted on the following pages. As the area takeoffs illustrate, the expanded building will contain approximately 12,084 square feet of floor area, including a portion of the free-market unit's deck area in excess of the maximum allowed. The building's commercial, free-market residential, and affordable housing unit floor areas total approximately 8,188 square feet, 3,059 square feet, and 837 square feet, respectively. Please note that these floor area figures include each use's respective pro-rata share of the expanded building's 1,108 square feet of nonunit area and the free-market residence's 351 square feet of excess deck area. The expanded building's commercial net leasable area totals approximately 11,024 square feet. As this figure exceeds the existing building's net leasable area of 10,865 square feet, an administrative commercial GMQS allotment in the amount of 159 square feet will be required. The free-market residential unit will contain approximately 2,307 square feet of net livable area. As the unit exceeds the CC zone district's 2,000 square foot net livable area limitation, the Applicant will provide one "Transferrable Development Right Certificate" at building permit issuance to accommodate the unit's additional net livable area. The affordable housing unit will contain approximately 705 square feet of net livable area. Please note that the unit will be expanded slightly to facilitate its use for affordable housing mitigation purposes. The increase in the building's commercial net leasable area will require the provision of 0.16 parking spaces (i.e., 159 Sq. Ft. New Net Leasable Area - 1,000 Sq. Ft./Space = 0.16 Spaces). No on-site parking is required for residential uses in mixed- 17 I posy ARCHITECTURE+PLANNIN( r- — — — — — — — — — — — — — — — — — — — —�— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — -- — — — — — — I I I m3 - - - - - - - - - - -- I I I I I I j I I I // / III[Ili{AI{Ii1[[i 1tA[R t{[{AAII 1111 I / 1T11)1/t!{41{1 tf11)1/I!{tt{ I Coniultdnl I I / I COMMENCML f LOUR AREA / /130 SD FT I I / I I I I I / P I ll 01 I I I:AR c'AI t'l-IA l:l,l� SIB 01.?A It fAR(TIL-1 I_A 16�\S / till 0 I i.l i SI'IR011'11111ti API' WAIT41T Fi 00R AREA 312 SG fi I I I I I I I I I I I I I \ 534 EAST COOPER (I LiQS'51:BI)I VLSit1\'APPI 11 A il(1\ RED ro .ASP['.('llI(GRAI\5 BUILDING F100R AREA '' Ip,opaz0I COMMERCMI NONJMT RESIDENTIAL AND CDMMERCALOECK RESIDENTIALDECN NOTES BASEMENT lampt) 4230(—HI 312(—pt) 0 0 0 0 GROUND LEVEL 4693 592 0 0 0 0 MEZZANINELEVEL 2119 516 0 "1 424 0 WIND LEVEL 0 445(—pt) 2453 0 0 821 PROJECTNO SUB-TOTAL 7412 1100 2453 759 424 021(«351) 2'-0140I) ADDEG NONIMYi SPACE D 116 255 7g DWG FILE: B(h)G IFS PRI)IYTti I I PI ANSd- ADDED GECM SPACE 351 RESIDENTIAL DECK ALLOWABLE=470 50 FT iC1ALFM B108 sgN 3059sgN 937sgA SHEET TITLE PROPOSED BASEMENT LEVEL IOTA[FOR NONUNIT ALLOCATION COMMERCIAI FLOOR AREA 174121 FREE MARKET PESIDNETML Fl_CCF AREA(2453).AMi fL00R AREA 11591=10 624 NONUNITSDFT ALLOCATION PI I PROPOSED BASEMENT LEVEL PERCENT TO COMMERCIAL_7412710 624=70% 11 OBA 70_776 A101 PERCENT IO RESIDENTIAL_2153/10.621-23% II3gA 23=255 PERCENT TO AWJ=159!10624=7% 1108 07=78 O _- I OWN ♦♦ � l♦♦♦♦��,1,►'�►♦ ♦♦ ♦11 ..1/♦♦/1 �� _ ��%��i �'' i!� '°-° ♦ I♦♦♦♦� ���-�-s-��� ' . _. -.ibi/H//Iii//iii/iii%Y./// /a/Ii/��1'Sai :��J'�J'/ I��III////////I/II I /////////// Pol i f� i t��♦♦♦�� �►�►-���►,��,�..-„ .,��♦♦♦ 11,1,►♦ 1/� tl_�Ur+rr vrrrrr_wr rrrrrr+r rr vrr rrr..W yr vrr rr•.vrr�rG vr+rr rw.+riii/ii/iii/i/iirri//ririiiiii///iiiiiri/iiirii/iuuiiiiviii/u/iii/iii �i/irii/ri/ / ------------ i,r _ _ _ :----------------------------------------------------------------------------------�iii iririi/i iiii�i/i/iiii/iii/i/i/i/iri/rri/riiiiiiii//i/i/ii.-� I/I�%I//%%%// //I- - poss ARCHITECTURE PLANNING "UNIT X X>�x/ uP nGORARU I m3 3I SO IT PRO SED OPEN TO BELOW A VAT „ 0 \ X, •,� OUTDOOR \ •,�:•;•: DECK \ 111[Ali ple e41FF1 uru Howe uw AREA \ I>•7 ne n:e uu Lq ne nta au RESIDENTIAL Consultant PI OOR CIA COMMENCW 759 SO ET FLOOR CIA 119 SO 11 / N$1hl•,•.•.'.'•'..... .•........... . . 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OPEN iG BELOW NONWIT fL00RAR 0Fl OPEN,GBELOW 534 EAST COOPER j t;X1125 ISi.81)lV ISIi�\TI'NLIL:.11lt1\ ASPH�t'itI JHA[OiT BUILDING FLOOR AREA IP�opasei) COMMERCIM NONUNR RESIDENTAL AHU COMMERCIAL DECK RESIOENTIALDECK NOTES BASEMENT(—Pt) 4230 I—,o0 372(—,tl 0 0 0 0 GROUND LEVEL 4693 592 D 0 0 0 MEZZANINE LEVEL 2719 516 O 759 424 0 1 THIRD LEVEL 0 445(—ptl 2453 0 0 821 �I ROIECT NO SUB-TOTAL 7412 1198 2453 759 424 821(.351) -'/014IV ADDED NONUrBT SPACE 116 255 78 DWG FILE 13t�lh.11h I'R�1Ptr[IT Pl�l\SAwe ADDED DECK SPACE 351 RESIDENTIAL DECK ALLOWABLE=470 SO FT TOTAL FAR 8108 sa N 3059 sR n 837 ip M1 SHEET TITLE PROPOSED MEILANINE LEVEE TOTAL FOR NONUNIT ALIOCAT10N,COMMERCIAL FLOOR AREA(1112)+FREE MARKET REBIDNETMI FLOOR PRFA(24511.AHI FLOOR ARFA(7`91=1062/ NONONIT SO FT ALLOCATIGNPERCENTAGE 1 PROPOSED MEZZANINE LEVEL PERCENT TOCOMMfRCML=1412110-624_70% 1108,10=176 PER ENT 1108,13=255 PERCENT TO Al 759/10.624..7% 11%,07=78 103 poss ARCHITECTURE+PLANNIM 71x x x x x \ X K K >x x< x x T R EA OVEN rO BELfAY ' X, N� X, X FOOT .Il IT .10 1)mate 20. 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SP ntivT,(nulvlsk>s Are e. . . . . . . . . . . . - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........... . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . ......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . ij ROOF . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . ....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... % . . . . . . . . . . . . . . . . . . . . . . . . . ...... . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . ... . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. . .. ... . ... . . . .. . . . . . . . . ... . . . . . . . .. . . . . . . . . . . . . . . .......... .. . . . . . . ... . . ...% . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . DECK . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 564 SO F . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . ........... . . . . . . . . . . . . .. . .. . . . . . . ... jXT;ROR . . . . . . . X . . . . . . . . . .. . . . . . . . . .. ... .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . . .. . .. ROOF . . . . . . . . . . . . . . . . . . arDEn . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . ... . r. ....... . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . .. . . . .. . 534 EAST COOPER .. . . . . . . . . . .. . . . . . .. . . . . . . . ... . . . . . . . .. . . k,\IQ,St[41)IVIS11)NAPPIR AIION FLOOfl AREA 177 50 FT . .. . . . . . . . . . .. . . . .. . . . . . . . .. . . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . .. . .. . .. . . . . . ... . . . . . . . . . . ...... . . . . . . . . . . . . . . . . . . . + � . . . . . . ...% . . . . . . . . . . . . .. . . . . .. . .. . . . . . . . . . . . . . .. . . . . . . . . . . . .. . . . . . . . ... . . . . . . . . . . .... . . . . . . . . . . . . . . ... IF mI—) COMMERCIAL NONLUTITT RESIDENTIAL ILK, COMMERCIALDECK RESIDENTIAL DECK NOTES BASEMENT 4231;—pl) 312(—Pt) 0 0 GROUND LEVEL 4693 592 0 0 VEZZANINELEVEL 2719 516 0 759 424 0 THIRD[EVIL 0 445(—pt) 2453 0 0 921 PROJECT NO "014, SUB TOTAL 7112 jius 2453 159 424 821(,351) DWG FILE ADDEDKNUNISFACE 776 255 78 ADDED DECK SPACE TOTAL FAR — 351 RESIDENTIAL DECK ALIOMWABLE 47 SO FT SHEET TITLE 8188"ft 3059 It 837 sq It PROPOSED THIRD LEVEL TOTAL FOR NONUNII ALLOCATION COMMERCIAL FLOOR AREA 174121.FREE MARKET RESIDNETAI FLOOR AREA(2453)v AIIJ FLOOR AREA 17591=10 621 VNUNi!SQFTALLOCAT]OIiPSRCENTAGE PROPOSED THIRD LEVEL PERCENT "MM...1',=1112111121-70% 1118 11 116 PERCENT RE'111111A=21 1111111 111 1108423=255 PERCENT TO MILL=159%624'=7% 1!08407=18 A-104 2013 j;B poss ARCHITECTURE+PLANNIN( fIi VAI kU OPEN rO BEIOW 13 —717 f Lf VAOR 1 1 ROOF \`\ 1{{1111/AI/t11[[t AII[4 tIl/TAI/14{t RCO! Consultant DECK II 0T 11.11 E1111,111 SIT OI._9 AR(.All.I LAI N.I1 fAR C_AI_t'I.IIAIhI\'S 511 O'.Ji.l l SI'IF0WISI()\APP PROPOSEDFLAT ROOF —ROOF DECK FATERIOR ROOF GARDEN 534 EAST COOPER l,MQ/SI F[1R'ISI0NAPI'LM AIICTN ASPE.\,C1II0iLA[KT BUILDING FLOOR AREA (pm..) COMMERCIAL NONUNIT RESIDENTIAL AHU COMMERCIAL DECK RESIDENTIAL DECK NOTES BASEMENT(tempil 4230 tac m 3721—,1) 0 0 0 0 GROUND LEVEL 4693 592 0 0 0 0 MEZZANINE LEVEL 2719 516 0 759 424 0 THIRD LEVEL 0 445('—P0 2453 0 0 821 PGOIECTNO 014 W SUB TOTAL /dig 1108 2453 759 424 8211«3511 DWG FILE. ADDED NONUNIi SPACE 778 255 78 H,)Fk;IES PRITEF)SEE1 EIA.\S&-, ADDED DFCII SPACE 351 RESIDENTIAL DECK ALLOWABLE=470SOFT 9Ttl FAR SHEET TITLE BIBS 1911 3059 sp IT 83/5a ft PROPOSED `)l'! IROPOSED ROOF LEVEL TOTAL FOR NO"11 ALLOCAT ION.COMMERCIAL FLOOR AREA(74121 a FREE MARKET RESIDNETAL FLOIXi AREA E2453)�AM FLOOR AREA(759)=10624 1 PROPOSED ROOF LEVEL NOHUNIi SOFT ALIOCATlg4 PERCENGGE, A.105 PERCENT TO COMMERC IAL-7472/10.624=70% 1108,.10=776 PERCEN7 i0 RESICENTIAL=2413111124=211 1108,.23=255 PERCENT TO AHU=759/10 624=7% 1108,07=78 A-105 ?.21]1 poss ARCHITECTURE+PLANNIM - - - -- - - - - - - - - - - - - - - - - - - - - - - - - I 3m _ I I I I I I I I I I I ...4 utt uu mm ur4A noun nu I to mnn uu a1 mn:a m I I I I COMMERC W.NEi LEASABLE iLD]R AREA I 39x2 w n I / I I I I / I / I Issue I / SCL 01 11.14 fAR�.AiI l I.A Ih\S SL 01.ZA 14 FARiAL�'14Aili��S SLl 0'.0814 FIR SI HNIZI 1_AI r I I I I I I I I I I MECHANICAL ROOM I I I I I 534 EAST COOPER G`.i125.'SCBDWKRTS APfi.IL AIIU,C li Acres_coL nn,�nL, � i I I COMMERCIALAND" NET LEASABLE ANO NET LIVABLE AREAS (PROPoSED) COMMERCIAL NET LEASABLE AREA AHU NET LIVABLE AREA FREE MARKET NET LIVABLE AREA BASEMENT 3941 0 0 GROUND LEVEL 4426 0 0 PRO1ECi NO MEZZANINE LEVEL 2657 205 0 21O14AT0 THIRD LEVEL 0 0 2301 DWG FII£. nLxaats eN.�rL�FUrLn�sa..,. TOTAL 11024F,It 705,q It 2307ean SHEET TITLE PROPOSED BASEMENT LEVEL PROPOSED BASEMENT LEVEL A-t(ki A-106 Q 2013 IR, poss ARCHITECTURE+PLANNIN( T tP � PROPOSED / / \ EI EVAIgR // \ \ I 1 \ tt1[Ali M11!li![[i 111!4 CI11111t IIIL \ Consultant \ V` CDMMERC UL NEE LEPSABIF{LOOK ARfA / 1126 SO ET Inur / / tl' 01.14.11 1:3R L:AI C.I I_>II�E,\5 SI) 0'1+.11 ST H I'I\'IS III,,\AI'I' SERVICE YARD I I I ._-..__------- - 534 EAST COOPER t ?S'ti l_BI�NLS II)�API's i< 1� _411tT ASPI UP ON \ ELEVATOR COMMERCIAL AND AH.1 NET LEASABLE AND NETLABLERES (PROPOSED) A COMMERCIAL NET LEASABLE AREA AHU NET LIVABLE AREA FREE MARKET NET LIVABLE WEA BASEMENT 3941 0 0 GROUND LEVEL 4426 0 p MEZZANINE LEVEL 2657 705 0 PROIECTNO THIRD LEVEL 0 0 2307 7'01400 DWG FILE TOTAL IL02tsgN 705sg1t 23071gIt B!XVI I S PRIlPl1511)PI A\.,[,.e SHEET TITLE PROPOSED GROI END LEVEL PROPOSED GROUND LEVEL a-Im A-107 poss ARCHITECTURE+PLANNINC T —_ — \ ELEVATOR EG OPEN TO BELOVI LT J FLEVAIOR \ VeJ I 111[A1l NI11 li1[[t 11114 i1111A11 Illlt O \ to n1 nt1 nu al nl nel 11e1 OUTDOOR \\ coy:�ulm .�•:: DECK \ AREA \ AHU nt r. . . 00R ARG 05 SO 0 � . .'BEyI,D�NTjAI'. LEASeBLEARU OPEN TO BELOW :sur SII 011-i L3 EAR,AIf.LIA IL)A9 50 01'ai3 LARI AI I'CLA❑f 1,A5 SI) 02 l it r 4'RDIA'ISIT1r ARI' OPEN i0 BELGw 534 EAST COOPER (;IQ 301VISIO\APPIICAIIU\ uP Awes .uoRI \� OFEN TO BELON DN' COMMERCIAL AND A4U NET LEASABLE AND NET ENABLE AREAS (PROPOSED) COMMERCIAL NET LEASABLEAREA AH NET LIVABLE AREA FREE MARKET NET LIVABLE AREA BASEMENT 3941 0 0 GROUND LEVEL 4426 0 0 MEZ2ANINE LEVEL 2657 705 0 PROIECi NO THIRD LEVEL 0 0 2307 `�OIJN DWG FILE TOTAL 11024 It 705 sq IT 2307 IqN Ilck 0.!IF,PRII`SFCIPIA\S,d- SHEET TIRE PROPSED MEZZANINE LEVEL PROPOSEn ME//ANINE LE\Ei A-I OH A-108 poss ARCHITECTURE+PLANNINL DN \ PNOPOSED DPEN TO BELUN i ELFVA'ON 1 1111 O �`1 Rcof In nena ou v1 mnxl at caasmsam \ DECK 1```� fiESIDENT& 1 S _1 01 I i FARt.41l1'I A11 VA { hF L BIE SI\ 0 ..1 I:4R C:.AI.I. 1.41 it S Afl A I-NI . t '1.\'1 ) S. of SI LLI I Il AI'P N IT I .1 i 23, sD RESI DfiFtTL4L' . . . . . .P fYl 8111 i' DECK T 'y '• EX 1ERIOR .'t' ROfif 534 EAST COOPER i\IQS/51 BL)WISIONAPI'LR.AIT(IN ASI'E!�,i;LILC�RADII DN COMMERCIAL AND" NET LEASABLE AND NET LIVABLE AREAS (PROPOSED) COMMERCIAL NET LEASABLE AREA AMU NET LIVABLE AREA FREE MARKET NET LIVABLE AREA BASEMENT 3941 0 0 GROUND LEVEL 6426 0 0 MEZZANINE LEVEL 2657 705 0 THIRD LEVEL 0 0 2307 PROJECTNO. 271114:\O DING FILE TOTAL 11024 s9N 105sRK 2307,,n BkXAESPR01N)ST1)PIAIUd— SHEET inLE PROPOSED THIRD LEVEL. PROPOSED THIRD LEVEL A-109 A-109 poss ARCHITECTURE+PLANNIN( Sandstone Fireplace Chimney New Elevator Core Beyond ' Plantings to Screen Atrium Metal Panel Wall System Vertical Metal Wall Louvers ITF.1.1..,f,. 1F)....,.,., Consull.m Metal Door and Glass Canopy Metal Door and Window System Metal Column 41 ft. %• I::ve i' r so oi.�e i+rAR All runo�+ SI) D'_I�11 SI'HPI%1SPwAPI` i _M _3rd Level i — -- -- - - - - - -- F.. e New Metal and Glass ... Awning v s 2nd Level •>! �"i+ F.F. Elev. - - - = ' 534 EAST COOPER r� I 1> 6 z s �,�I4y'sl.nnn�lsl�,v.arnica new t n Wgy ` AS PEN.i:k)WR4DCl yy e — 3r PROTECT* 2 2014D DWG FILE RXICIES PR01K)SED ELEVAT10SAcv SHEET TIRE SolrrH ELEVATION A-110 p 2013 K•a�rc•: poss ARCHITECTURE+PLANNIN( Sandstone Fireplace Glass Railing Metal Panels With Horizontal Chimney Metal Louvers 3 Horizontal Metal Wall Metal Window and Door System Sandstone Wall Veneer w/Metal Louver Metal Wall Panel System Reveals Vertical Metal Wall Louver Glass Skylight Canopy Roof Beyond al vune uu in ue nee en Existing Building Beyond New Metal Canopy Glass Railing en1 New Metal Folding Metal Awning Door System New Brick Wall and Sandstone Cap to Match Existing 41 f1. 42 F. -ft 3 / Metal Window system 3S(1. 38 ft Vertical Metal Wall Louve New Window ee�. System ED 01 17.11 FAR CALCULATIONS ', � �• �' sD 81.28.13 rARCALCbuno�s :� ,. .1 i • SD 02.15.11 Sl'BDNSION APP u -- .�_-� _ •^...:,.... "..� .a,a .,.., 3rd Level F.F. Elev New Metal Door and Sidelight System 2nd Le.e F.F. Ele 534 EAST COOPER UBb R'LSION APPLICi1T10N A ASPEN.PEN,COLORADO I Lit I '^" � .,,�S „� t $r ��,��"�� �"_������'t ,'T�•"'"� 'S�:�'.. r y >• • 4nR r Main Level F.F. Ela RIOIECTW 22014.00 MIKE; P,XXTIES PROPOSED ELEVATTONSA" SHEET M EAST ELEVATION A-111 02013x�2-.is��wc posy ARCHITECTURE+PLANNIN( I I Sandstone Fireplace Chimney Beyond Existing Atrium Skylight Beyond Vertical Metal Wall Louvers New Metal Roof Canopy Metal Wall Panel System Metal Wall Panels with Harz. Horizontal Metal Wall Louvers .......,........, Metal Louvers m m,.a u.. ❑1 num:u Metal Window and Door System Metal Window and Door System New Glass Railing New Sandstone Panel Veneer Wall 42 ft_ New Metal Window System 38 M. New Sandstone and Brick Wall - S I 3rd Level F.F. Elev. r.'S .� •w E -� M Existing -1c Building ............ �.... J., 2nd Level _- F.F, 534 EAST COOPER 'J"S'51 11 A110N "PIN 1AILORA111, in Level PROIECTM- 21017.00 DNO U NX,u1E5 PR,)PtnED EUVATION5J.. SHEET PRE NORTH ELEVATION A-112 02013 k..'C-'j.4Te M Trs.s use buildings in the CC zone district. Pursuant to Section 26.515.010.C. of the Regulations, fractional parking space requirements may be met via a cash-in-lieu payment. Pursuant to Section 26.515.050.C.1., the applicable payment is $30,000.00 per space which is pro-rated for fractional space requirements. The resulting cash-in-lieu payment, therefore, is $4,800.00 (i.e., $30,000.00/Space x 0.16 Spaces = $4,800.00). The Applicant will make the applicable payment at building permit issuance. Pursuant to Section 26.575.030.B. of the Regulations, mixed-use developments within the CC zone district are required to provide public amenity space in an amount equal to 25 percent of the project site. In lieu thereof, off-site public amenity space can be provided or a payment-in-lieu can be made to the City subject to P&Z approval. For redevelopment of parcels on which less than 25 percent public amenity space currently exists, the Regulations provide that the existing percentage is the effective requirement provided no less than 10 percent is required. Based on the above, approximately 1,567 square feet of public amenity space would normally be required unless the amount were reduced by the HPC as provided for in Section 26.575.030.D.1. As the Existing Public Amenity Space plan on the following page illustrates, approximately 753 square feet, or 12 percent of the project site, presently complies with the applicable design standards for public amenity space. This amount, therefore, constitutes the effective public amenity space requirement for the project site as it is less than 25 percent and greater than 10 percent. Please note that the project site's existing public amenity space exceeds that which was represented at conceptual HPC review. The increase is attributed to a more accurate takeoff based on the existing building footprint as depicted on the accompanying Improvement Survey. As the Proposed Public Amenity Space plan illustrates, the addition of the new entry lobby/elevator to the building's Hunter Street facade will reduce the project site's 30 poss ARCHITECTURE+PLANNING I m3 m ' /—``— oa eur uu rtmT uru auana um m.1. 11 F)no nL nw / \— ASPHA(K 95 qC�f r ( 5)5.09,11 E 6269, O ( ATOR / BCp�K i ( I I:wa ) rlr 6Z0 rE / ( 0.1 / 4a`f es ( I / � ( EXISTING PEP ESTRiAN /— 3( g AMENiTV SPACE 153 SQ Ff W 534 EAST COOPER 0 O V PFOIE;t NO OWG RlE NI..STPLN, Nl 1�l'�.i SHEET TITLE EXISTING fEDESMIAN .AMI-NITYSIA,E _.. 7926.0_ o E-110 Ono ----------- --- posy ARCHITECTURE+PLANNING m /'\`�� 111[Alf 1111 111!(1 IIrL1 10111/11 11111 BpoCK95 A(�f r m m nerlee uu ut ne n:1 nw I S 75.0g 11 E / 62.69, O r Aro RfET�Ef E/ � I a0fer �� / P 700 EDBLIWING OTPR i NT 11�SQ FT 111 / 111 / / o IAN AMENITY SPl-E Q W FT W �4 / / 3 O 534 EAST COOPER 1 \ l ' L t _....__ .6269, /i t _ ' a / l O� t --------- i "--- - PROJECT N OWG iRE __7927_5_ ',. I'l.-IHIA\A A V.YSPA'F.4.. SHEET T.E I°RUPUJ6U PEU[SIl<IAN AMENIT-'SPA(E A-11 0 2013 public amenity space to approximately 637 square feet, or 10 percent. While the proposed public amenity space is also greater than that represented at conceptual HPC review, the resulting two percent reduction is identical to that which was previously approved. Pursuant to condition number 4 of HPC Resolution No. 16, the on-site public amenity space requirement was reduced from 10 percent to 8 percent. Approval was also granted to meet the remaining two percent requirement via public right-of-way improvements in an amount equal to the cash-in-lieu payment that would otherwise be required. Based on the Regulations' applicable land value multiplier of $75.00 per square foot, the value of the project site for public amenity space cash-in-lieu calculation purposes is $470,175.00 (i.e., $75.00/Sq. Ft. x 6,269 Sq. Ft. = $470,175.00). As a result, the previously approved two percent reduction in required public amenity space would require a cash-in-lieu payment of $9,403.50 (i.e., $470,175.00 x 0.02 = $9,403.50). As the attached e-mail from Stephen Ellsperman of the City's Parks Department indicates (see Exhibit 1, Appendix C), a cash-in-lieu contribution in the amount required would be welcomed and used for lighting improvements in the downtown pedestrian malls. The proposed development complies with all of the dimensional requirements of the CC, Commercial Core, zone district. The height of the proposed third floor addition is within the maximum allowed, while the project's on-site pedestrian amenity space complies with the HPC's conceptual approval requirement. The project's total cumulative floor area is less than the maximum allowed as is the project's net leasable commercial area. The proposed free-market residence's floor area and net livable area are within the maximum allowed, and the residence's net livable area is less than the building's above grade commercial floor area. The applicable parking requirement will 33 be met via a cash-in-lieu payment. The project's development data, and its compliance with the CC zone district's dimensional requirements, is summarized in Table 1, below. Table 1 Development Data Easterly 2.5 Feet of Lot Q, Lots R and S, Block 95, Aspen Townsite 1. Existing Zoning CC, Commercial 2. Existing Lot Size (Sq. Ft.)' 6,269 3. Existing Lot Area for Density/Floor Area 6,269 Purposes (Sq. Ft.)2 4. Existing Development Commercial/Residential Floor Area (Sq. Ft.)' 8,101 Basement None Ground Floor 5,172 Mezzanine 2,929 Net Leasable Area (Sq. Ft.)' 10,865 Basement 3,941 Ground Floor 4,676 Mezzanine 2,248 Net Livable Area (Sq. Ft.)' 654 Mezzanine 5. Minimum Required Lot Size (Sq. Ft.) No Requirement 6. Minimum Required Lot Area/Dwelling No Requirement Unit (Sq. Ft.) 7. Minimum Required Lot Width (Feet) No Requirement 8. Minimum Required Setbacks (Feet) Front Yard No Requirement Side Yards No Requirement Rear Yard No Requirement 9. Maximum Allowable Height (Feet) 40 34 Two-Story Elements 28 Three-Story Elements' 38 10. Maximum Proposed Height (Feet)' 38 11. Minimum Required Pedestrian Amenity Space Percent 12 Area (Sq. Ft.) 753 12. Proposed Pedestrian Amenity Space' Percent 10 Area (Sq. Ft.) 637 13. Maximum Allowable Floor Area 17,240 @ 2.75:1 (Sq. Ft.) Commercial Uses @ 2.0:1 12,538 Free-Market Residential @ 0.5:1 3,135 Affordable Housing No Limitation 14. Proposed Floor Area (Sq. Ft.)' 12,084 Commercial Uses 8,188 Free-Market Residential 3,059 Affordable Housing 837 15. Proposed Floor Area Ratio 1.93:1 16. Maximum Allowable Free-Market Residential 2,000 Net Livable Area (Sq. Ft.)' 17. Proposed Net Livable Area (Sq. Ft.)5 Free-Market Residential Unit 2,307 Affordable Housing Unit 705 18. Proposed Net Leasable Commercial' 11,024 Area (Sq. Ft.) 19. Minimum Required Parking Spaces 35 Commercial Uses @ 1 Space/1,000"' 0.16 Sq. Ft. Net Leasable Area Free-Market Residential No Requirement Affordable Housing No Requirement 20. Proposed Parking Commercial Uses None Free-Market Residential None Affordable Housing None ' Per the Improvement Survey Plat prepared by Sopris Engineering, LLC dated March 13, 2012. 2 No reduction in Lot Area required due to steep slopes, rights-of-way or surface easements. 3 Calculated pursuant to Section 26.575.020.D. 4 Calculated pursuant to Section 26.575.020.I. 5 Calculated pursuant to Section 26.575.020.J. and APCHA's guidelines. 6 Maximum allowable height may be increased to 42 feet via Commercial Design Review. Measured to top of roof. 8 Established pursuant to HPC Resolution No. 16, Series of 2012. 9 Pursuant to Section 26.710.150.D.12., may be increased to 2,500 square feet subject to the surrender of one Transferrable Development Right Certificate at building permit. 10 Pursuant to Section 26.515.010.C., may be met via a cash-in-lieu payment. As discussed previously, all required utilities are available in the immediate site area and are either adequate or will be upgraded to serve the proposed development. All utility extensions will be located underground, and appropriate easements will be dedicated to the various public utilities in the event required. 36 IV. REVIEW REQUIREMENTS The proposed development requires growth management approval for the expanded building's free-market residential unit, its additional commercial net leasable area, and its affordable housing unit. Subdivision approval is also required as the mixed- use building will contain more than one residential unit. Each of these review and approval requirements is addressed below. A. Growth Management 1. New Free-Market Residential Units Within a Multi-Family or Mixed-Use Project. Pursuant to Section 26.470.080.2. of the Regulations, the development of new free-market residential units within a mixed-use project is subject to review and approval by the Planning and Zoning Commission based on the requirements of Section 26.470.050. The applicable requirements, and the proposed free-market unit's compliance therewith, are summarized as follows. a) Sufficient growth management allotments are available to accommodate the proposed development pursuant to Section 26.470.030.D. Sufficient free-market residential units are believed to be available to accommodate the proposed development. The annual free-market residential allotment is eighteen dwelling units. b) The proposed development is compatible with land uses in the surrounding area, as well as any applicable adopted regulatory master plan. The proposed development is consistent with land uses in the surrounding area which can be characterized as a vibrant, mixed-use neighborhood containing a variety of commercial, office and residential uses. No adopted regulatory master plan is believed to apply to the development of the project site. 37 c) The development conforms to the requirements and limitations of the zone district. The proposed development has been designed in conformance with the applicable requirements of the CC, Commercial Core, zone district. No variances from the district's dimensional requirements are requested. d) The proposed development is consistent with the Conceptual Historic Preservation Commission approval, the Conceptual Commercial Design Review approval, and the Conceptual Planned Unit Development approval, as applicable. The proposed development is consistent with the conditions of HPC Resolution No. 16, Series of 2012, which granted conceptual major development and commercial design review approval to the project. Planned unit development approval is not required. e) Unless otherwise specified in this Chapter, sixty (60) percent of the employees generated by the additional commercial or lodge development, according to Section 26.470.100.A., Employee Generation Rates, are mitigated through the provision of affordable housing. The employee generation mitigation plan shall be approved pursuant to Section 26.470.070.4., Affordable 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. The proposed development's additional commercial net leasable area and its required affordable housing mitigation is addressed in Section IV.A.2. of this application. f) 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 at least thirty (30) percent 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. Affordable housing shall be approved pursuant to Section 26.470.070.4., Affordable Housing, and be restricted to Category 4 rate as 38 defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower Category designation. Affordable housing units that are being provided absent a requirement ("voluntary units") may be deed restricted at any level of affordability, including Resident Occupied. Based on the above requirement, the proposed free-market residential unit will require the provision of approximately 692 square feet of affordable housing net livable area (i.e., 2,307 Sq. Ft. x 0.30 = 692.1 Sq. Ft.). As the existing on-site affordable housing unit was voluntarily provided, was not required for affordable housing mitigation, and will contain 705 square feet of net livable area, the Applicant proposes to utilize the unit for mitigation purposes. A new deed restriction reflecting the unit's revised net livable area and restricting the unit to APCHA's Category 3 guidelines will be recorded prior to issuance of a building permit for the proposed development. In the event the proposed use of the existing affordable housing unit for mitigation purposes is unacceptable to the P&Z, the Applicant will obtain and extinguish a Certificate of Affordable Housing Credit in an amount equal to the required mitigation, as calculated pursuant to Section 26.540.090.B. of the Regulations. This section states that the required number of Full-Time Equivalents ("FTEs") to be extinguished shall be calculated pursuant to Section 26.470.100.A.4., "Employee/Square Footage Conversion". The required conversion factor is one employee per 400 square feet of net livable area. The 692 square feet net livable area mitigation requirement, therefore, will require the extinguishment of a Certificate of Affordable Housing Credit in an amount equal to 1.73 FTEs (692 Sq. Ft. - 400 Sq. Ft./Employee = 1.73 FTEs). g) The project represents minimal additional demand on public infrastructure or such additional demand is mitigated through improvement proposed as part of the project. public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking, and roads and transit services. 39 The proposed development represents minimal additional demand on public infrastructure. All required infrastructure improvements will be undertaken and paid for by the Applicant. 2. Minor Expansion of a Commercial, Lodge or Mixed-Use Development. Pursuant to Section 26.470.060.5. of the Regulations, the minor enlargement of a structure for commercial purposes is subject to administrative review and approval by the Community Development Director. The applicable review criteria, and the proposed development's compliance therewith, is as follows. a) The expansion involves no more than two hundred fifty (250) square feet of net leasable space or two (2) hotel/lodge units. The expansion involves no residential units. This shall be cumulative and shall include administra- tive GMQS approvals granted prior to the adoption of Ordinance No. 14, Series of 2007. The proposed development will increase the building's commercial net leasable area from 10,865 square feet to 11,024 square feet, an increase of 159 square feet. No prior administrative GMQS approvals have been granted for expansion of the existing building. The proposed expansion of the building's commercial net leasable area, therefore, complies with this review criteria. As the Pre-Application Conference Summary indicates, COMDEV has determined that the proposed minor expansion of the building's net leasable area is also subject to the requirements of Section 26.470.050. The applicable requirements, and the proposed commercial expansion's compliance therewith, are summarized as follows. a) Sufficient growth management allotments are available to accommodate the proposed development pursuant to Section 26.470.030.D. This requirement is not applicable as Section 26.470.060.5. states that minor commercial expansions which do not exceed 250 square feet "... shall not be 40 deducted from the respective annual development allotments". As a result, the availability of sufficient commercial growth management allotments is irrelevant. b) The proposed development is compatible with land uses in the surrounding area, as well as any applicable adopted regulatory master plan. The proposed development is consistent with land uses in the surrounding area which can be characterized as a vibrant, mixed-use neighborhood containing a variety of commercial, office and residential uses. No adopted regulatory master plan is believed to apply to the development of the project site. c) The development conforms to the requirements and limitations of the zone district. The proposed development has been designed in conformance with the applicable requirements of the CC, Commercial Core, zone district. No variances from the district's dimensional requirements are requested. d) The proposed development is consistent with the Conceptual Historic Preservation Commission approval, the Conceptual Commercial Design Review approval, and the Conceptual Planned Unit Development approval, as applicable. The proposed development is consistent with the conditions of HPC Resolution No. 16, Series of 2012, which granted conceptual major development and commercial design review approval to the project. Planned unit development approval is not required. e) Unless otherwise specified in this Chapter, sixty (60) percent of the employees generated by the additional commercial or lodge development, according to Section 26.470.100.A., Employee Generation Rates, are mitigated through the provision of affordable housing. The employee generation mitigation plan shall be approved pursuant to Section 26.470.070.4., Affordable 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. 41 As discussed above, the expanded building's net leasable commercial area will increase by 159 square feet. Pursuant to Section 26.470.100.A.1. of the Regulations, the applicable employee generation rate for commercial uses in the Commercial Core zone district which are located on a building's upper floors is 3.1 employees per 1,000 square feet of net leasable area. As a result, the expanded building's 159 square feet of additional commercial net leasable area will generate 0.5 employees of which 0.3 employees or FTEs must be mitigated. 159 Sq. Ft. _ 1,000 Sq. Ft. = 0.16 0.16 x 3.1 Employees/1,000 Sq. Ft. = 0.5 Employees 0.5 Employees x 0.60 = 0.3 Employees Pursuant to Section 26.470.100.A.6., whenever affordable housing is provided on-site to satisfy one mitigation requirement, the same on-site housing may also be used to satisfy any other affordable housing mitigation requirement concurrently. As the employee mitigation requirement resulting from the free-market unit exceeds that of the commercial net leasable expansion, the proposed on-site affordable housing unit is sufficient to meet both mitigation requirements. In the event the on-site unit is unacceptable to the P&Z, the Applicant will obtain and extinguish a Certificate of Affordable Housing Credit in an amount equal to the sum of both the free-market and commercial mitigation requirements (i.e, 1.73 FTEs + 0.3 FTEs or 2.03 FTEs). f) 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 at least thirty (30) percent 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. Affordable housing shall be approved pursuant to Section 26.470.070.4., Affordable Housing, and be restricted to 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. 42 Affordable housing units that are being provided absent a requirement ("voluntary units") may be deed restricted at any level of affordability, including Resident Occupied. The proposed development's free-market unit and its required affordable housing mitigation is addressed in Section IV.A.1. of this application. 3. Affordable Housing. While no new affordable housing mitigation is proposed, acceptance of the existing on-site affordable housing unit as mitigation for the proposed free-market residential unit and commercial net leasable area expansion is subject to approval by the P&Z pursuant to Section 26.470.070.4. The applicable review criteria, and the existing affordable housing unit's compliance therewith, are summarized as follows. a) The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing Authority. The expanded affordable housing unit will comply with the applicable requirements of APCHA's Affordable Housing Guidelines. The one-bedroom unit will contain approximately 705 square feet of net livable area. The unit will be deed restricted to APCHA's Category 3 rental income and occupancy guidelines. b) Affordable housing required for mitigation purposes shall be in the form of actual newly built units or buy-down units. Off-site units shall be provided within the City limits. Units outside the City may be accepted as mitigation by the City Council pursuant to Paragraph 26.470.090.2. If the mitigation requirement is less than one (1) full unit, a cash-in-lieu payment may be accepted by the Planning and Zoning Commission upon a recommendation from the Aspen/Pitkin County Housing Authority. If the mitigation requirement is one (1) or more units, a cash-in-lieu payment shall require City Council approval pursuant to Paragraph 26.470.090.3. A certificate of Affordable Housing Credit may be used to satisfy mitigation requirements by approval of the Community Development Director, pursuant to Section 26.540.080 Extinguishment of the Certificate. Required affordable housing may be provided through a mix of these methods. 43 The proposed development's affordable housing mitigation will be provided in the form of an on-site unit. As discussed previously, the Applicant will obtain and extinguish a Certificate of Affordable Housing Credit in a sufficient amount to mitigate the proposed development's employee generation in the event the P&Z does not approve the use of the on-site unit for mitigation purposes. c) Each unit provided shall be designed such that the finished floor level of fifty percent (50%) or more of the unit's net livable area is at or above natural or finished grade, whichever, is higher. The on-site affordable housing unit is located 100 percent above grade. d) The proposed units shall be deed restricted as "for sale" units and transferred to qualified purchasers according to the Aspen/Pitkin County Housing Authority Guidelines. The proposed units may be rental units, including but not limited to rental units owned by an employer or nonprofit organization, if a legal instrument in a form acceptable to the City Attorney ensures permanent affordability of the units. The on-site affordable housing unit is owned by the Applicant and has historically been rented to qualified employees of the Community pursuant to recorded deed restriction. As discussed previously, a new deed restriction reflecting the unit's expanded net livable area and APCHA's applicable rental guidelines will be recorded prior to building permit issuance. In the event required, a nominal ownership interest (i.e., an undivided 1/10 of 1 percent) will be conveyed to APCHA to address the State's prohibition against rent control. 4. Community Objective Scoring. Pursuant to Section 26.470.110. C.2. of the Regulations, the proposed free-market residential unit and commercial net leasable area expansion must also receive a minimum threshold score in each of the Regulations' community objective scoring criteria. The applicable scoring criteria are contained in Sections 26.470.120.A. and B., and are addressed as follows. 44 a) Workforce Housing One point is assigned for each one percent by which a project exceeds the Regulation's minimum affordable housing requirement. The proposed development's applicable affordable housing requirement is 1.73 employees if met on-site or 2.03 employees if met via the extinguishment of a Certificate of Affordable Housing Credit. Assuming the mitigation requirement is met on-site, the proposed one-bedroom affordable housing unit will be credited with housing 1.75 employees which exceeds the minimum requirement by 0.02 employees, or one percent. 1.75 Employees - 1.73 Employees = 0.02 Employees 0.02 Employees - 1.73 Employees = 0.01 The proposed development, therefore, is entitled to a score of one point as a result of the number of employees housed on-site. Should the on-site affordable housing unit be unacceptable to the P&Z, the substitution of a Certificate of Affordable Housing Credit in an amount sufficient to meet the 2.03 employee mitigation requirement would entitle the Applicant to no points in this scoring category. The proposed affordable housing mitigation, however, meets the minimum threshold requirement under either scenario. One point is also assigned for each one percent by which the proposed affordable housing units exceed the minimum net livable area requirements of APCHA's guidelines. The proposed development's one-bedroom, on-site affordable housing unit will be deed restricted as a Category 3 rental unit and contain 705 square feet of net livable area. As the guidelines minimum net livable area requirement for a Category 3 unit is 700 square feet, no points are available in this scoring category as the proposed unit exceeds the minimum size requirement by less than one percent. The unit, however, complies with APCHA's minimum size requirement for Category 3 units. 45 b) Energy Conservation Scoring for energy conservation is based on an applicant's commitment to obtaining a specific Leadership in Energy and Environmental Design ("LEED") certification level from the US Green Building Council. Compliance with LEED standards is not proposed. The proposed development, therefore, is not eligible for points in this scoring category. The Applicant, however, will comply with all applicable requirements of the International Building Code and the City's adopted energy regulations. It is our understanding that such compliance is sufficient to meet the minimum threshold requirement in this scoring category. B. Subdivision As the proposed development includes multiple dwelling units, subdivision review pursuant to Section 26.480.050 of the Regulations is required. The various review criteria, and the proposed development's compliance therewith, are addressed below. 1. General Requirements. Pursuant to Section 26.480.050.A., the proposed development must comply with the following general requirements. a) The proposed subdivision shall be compatible with the mix of development in the immediate vicinity of the parcel in terms of density, height, bulk, architecture, landscaping and open space, as well as with any applicable adopted regulatory master plan. As discussed in Section II of this application, the character of the immediate site area can be described as a mixed-use neighborhood containing a variety of multi-story commercial, office and residential land uses. A three-story building was recently approved for the vacant parking lot located behind the project site at the northwest corner of Hyman Avenue and Hunter Street. Similar structures have been 46 proposed and are presently undergoing review in the neighborhood. The proposed addition is clearly compatible with the mix of existing and proposed development in the vicinity of the property, a conclusion also reached by the HPC in connection with the Applicant's receipt of conceptual major development and commercial design review approval. b) The proposed subdivision shall be consistent with the character of existing land uses in the area. The proposed development is consistent with the character of existing land uses in the surrounding area. Neighboring land uses consist primarily of retail commer- cial/office uses and mixed use buildings containing both free-market and affordable housing components. c) The proposed subdivision shall not adversely affect the future development of surrounding areas. The proposed development will have no adverse effect on the development potential of neighboring properties. d) The proposed subdivision shall be in compliance with all applicable requirements of this title. The proposed development has been designed to comply with the applicable requirements of the CC, Commercial Core, zone district and all relevant provisions of the Aspen Land Use Regulations. As Table 1 indicates, the Applicant's project complies with all of the district's dimensional requirements, and is believed to comply will all other applicable provisions of the Regulations. 2. Suitability of Land for Subdivision. The proposed development must comply with the following requirements. 47 a) The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudf low, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety, or welfare of the residents in the proposed subdivision. No natural hazards are believed to adversely affect the project site. Consequently, no adverse impact upon the health, safety or welfare of the proposed development's residents is anticipated. b) The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. No governmental inefficiencies, duplication of facilities, or unnecessary public costs will occur as a result of the provision of public services to the proposed development. All required utilities are presently available in the immediate site area. All costs associated with the extension of utilities or the installation of public improve- ments to serve the project which have been identified in this application will be borne by the Applicant. 3. Improvements. Pursuant to Section 26.480.060.C., the proposed development must provide the various subdivision improvements set forth in Chapter 26.580 of the Regulations. The required improvements, which are described in detail in Section 26.580.020.A.1, are addressed below. a) Permanent Survey Monuments As the Improvement Survey indicates, all property corners are presently identified with permanent survey monuments. b) Paved Streets 48 Any existing street pavement which is adversely impacted as a result of the proposed development will be repaired. c) Curbs, Gutters and Sidewalks The installation of curb, gutter and sidewalks is not required. d) Paved Alleys The alley at the rear of the project site is presently paved. Any existing alley pavement, however, which is adversely impacted as a result of the proposed development will be repaired. e) Traffic Control Signs, Signals or Devices No traffic control signs or signals are believed to be required. f) Street Lights No street lights are required as a result of the proposed development. g) Street Name Signs Street names and associated signs are not required as a result of the proposed development. h) Street Trees or Landscaping No additional street trees are believed to be required. Existing vegetation within the Hunter Street right-of-way will be protected during construction pursuant to Parks Department requirements. i) Water Lines and Fire Hydrants 49 As Sopris Engineering's report indicates, water service will be provided via the existing 4-inch service line that connects to the existing main in Hunter Street. The existing building contains a fire suppressant system which will be expanded to include the proposed free-market unit and expanded commercial area. An existing fire hydrant is conveniently located at the northwest corner of Cooper Street and Hunter Street. P Sanitary Sewer Lines Sewer service will be provided from the existing sanitary sewer located in the alley at the rear of the project site. The existing service line will be inspected and a new line installed in the event required. While no downstream constraints have been identified by the Aspen Consolidated Sanitation District ("ACSD"), the Applicant will pay the required pro-rats share of the costs to address such issues in the event required. k) Storm Drainage Improvements and Storm Sewers The City's Urban Runoff Management Plan requires that any development that disturbs more than 1,000 square feet and disturbance that exceeds 25 percent of the entire lot must treat for water quality treatment and detention (or pay a fee-in-lieu) for the entire property. An acceptable plan for meeting these requirements has been discussed with the City's Engineering Department and is described in detail in the attached engineering report prepared by Sopris Engineering, LLC. A formal drainage report outlining the proposed development's stormwater mitigation approach will be submitted for review and approval by the Engineering Department with the Applicant's building permit application. 1) Bridges or Culverts No bridges or culverts are required. 50 M) Electrical Lines Electrical service is presently provided from an existing transformer located at the northwest corner of the building and adjacent to the alley. As the engineering report indicates, upgrading the transformer may not be feasible should the proposed expansion exceed the transformer's capacity. In the event additional electric loads are required, the report recommends that service be obtained from an existing transformer located on the opposite side of the alley and immediately north of the building. n) Telephone Lines Telephone service is presently available in the alley, and will be extended as may be required to serve the proposed development. o) Natural Gas Lines Natural gas service is presently available in the alley, and will be extended as may be required to serve the proposed development. P) Cable Television Lines Cable TV service is presently available in the alley, and will be extended as may be required to serve the proposed development. 4. Affordable Housing. As discussed in Section IV.A.1. and 2. of this application an expanded, an on-site affordable housing u=nit is proposed to meet the project's applicable affordable housing mitigation requirements. Should the on-site unit be unacceptable to the P&Z, the proposed development's affordable housing mitigation requirement will be met via the extinguishment of a Certificate of Affordable Housing Credit. 51 5. School Land Dedication. The proposed development must comply with the school land dedication requirements of Chapter 26.630 of the Regulations. Pursuant to Section 26.630.030.B., an applicant may make a cash-in-lieu payment to the Aspen School District to satisfy the school land dedication requirements. As provided for in Section 26.630.040.B., the Applicant will make the required payment in lieu of a land dedication prior to the issuance of a building permit for the project. A subdivision plat and agreement will be submitted for review and approval by the Engineering Department and COMDEV following the receipt of subdivision approval and prior to building permit submittal. C. Vested Rights In order to preserve the land use approvals which may be obtained as a result of this application, the Applicant hereby requests vested property rights status pursuant to the provisions of Section 26.308.010 of the Regulations. It is our understanding that final approval of the proposed development must be granted by ordinance of the City Council and that a development order must be issued by the Community Development Department with respect thereto. It is also our understanding that no specific submission requirements or review standards other than a public hearing are required to confer such status. 52 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY EXHIBIT PLANNER: Jessica Garrow,429-2780 DATE: 1.22.2013 PROJECT: Boogie's, 534 East Cooper Street REPRESENTATIVE: Kim Weil of Poss Architecture and Planning and Sunny Vann of Vann Associates DESCRIPTION: The applicant is interested in adding a third floor to an existing two story building downtown. The applicant received conceptual commercial design review from HPC for the project, and now needs Growth Management and Subdivision reviews. The property is located within the Commercial Core Historic District(CC) The third floor will comprise a free market residential unit. The applicant is also interested in possibly increasing the existing net leasable area by enclosing an existing deck. The existing building comprises commercial uses and a deed restricted affordable housing unit. Background regarding the creation of the affordable housing unit and whether it is a mitigation unit is required as part of the growth management application. The applicant has indicated to staff that the existing deed restricted unit was not required for mitigation,and that the owner can request its removal at any time. Major Growth Management Review is required for a new free market residential unit in a mixed use building. Mitigation for free market residential units is 30% of the free market residential net livable area. Any increase in commercial net leasable area over that which currently exists on the site (existing net leasable needs to be documented and verified by the Zoning Officer) requires growth management allotments and review. The expanded commercial space will be less than 250 square feet, which is an administrative growth management application. This does, however, require affordable housing mitigation. Mitigation for additional commercial is calculated at 60% of the employees generated by the additional commercial development. A concurrent calculation of affordable housing is permitted for mixed use developments that generate multiple housing requirements; however to be eligible for the concurrent calculation the housing must be provided onsite. Offsite units that are outside the city limits or a request to pay cash in lieu to mitigation for affordable housing requirements is reviewed by City Council. Affordable housing credits, onsite housing,or off site housing that is within the city limits is reviewed by Planning and Zoning. Because the affordable housing unit does not have a deed restriction meeting current standards, the applicant is interested in using the unit for their affordable housing mitigation requirements, while bringing the deed restriction up to current standards. The applicant can request this, but it is not a guarantee. A Major Growth Management application is required to be submitted on either February 151' or August 15th and is required to compete for growth management allocations through the community objectives and scoring process. Any additional commercial net leasable area is required to meet parking requirements—either provide 1 space/1,000 square feet of net leasable area or pay cash in lieu for the parking spaces at $30,000/space. The residential component does not require parking. Subdivision Review is required for the project since it comprises a mixed use building with more than one residential unit. Subdivision is reviewed by City Council based on a recommendation from the Planning and Zoning Commission. The applicant did provide neighborhood outreach as part of their conceptual commercial design review. While not required, it is recommended that the applicant continue neighborhood outreach throughout the review process. Impact fees are triggered by the addition of floor area and new let leasable commercial space. School Land Dedication fees are triggered by new residential floor area. These fees are calculated at the time of building permit issuance. Review steps: Step 1: HPC for conceptual commercial design and conceptual major development review, parking, public amenity(completed) Step 2: On either August 151h or February 15th-PZ for GMOS and Subdivision Recommendation Step 3: City Council for Subdivision Step 4: HPC for final commercial design and final major development review. Relevant Land Use Code Section(s): Land Use Code Section(s) 26.304 Common Development Review Procedures 26.304.035 Neighborhood Outreach 26.470 Growth Management Quota System (GMQS) 26.470.060 Minor expansion of commercial development(if less than 250 sq.ft.) 26.470.070.4 Development of Affordable Housing 26.470.080.2 Major Planning and Zoning application (new free market residential units) 26.470.1006 On-site housing serves multiple affordable housing requirements 26.515 Parking 26.575.020 Calculations and Measurements 26.610 Impact Fees 26.620 School Lands Dedication 26.710.140 Commercial Core (CC) The Land Use Code is found here: http://www.aspenpitkin.com/Departments/Community-DeveIo mendPlannin_q- and-Zoninci/Title-26-Land-Use-Code/ The Land Use application is found here: http://www.aspenpitkin.com/Departments/Community- Development/Planning_and-Zoning/Applications-and-Fees/ Review by: -Staff for complete application - Referral agencies for technical considerations -P&Z for Growth Management Reviews and Subdivision recommendation -City Council for Subdivision Public Hearing: Yes, at HPC, P&Z, and City Council. Planning Fees: For the P&Z/CC application: $7,800 for 24 hours of staff time. Additional staff time required is billed at$325/hour. Referral Fees: Engineering, billed at$265/hour(1 hour deposit); Housing $1,625 flat fee. Total Deposit: $9,690 for P8Z 1 CC application. Total Number of Application Copies: 25 for P&Z and Council application. 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 owner's right to apply for the Development Application. 4. Completed Land Use Application. 5. Signed fee agreement. 6. Pre-application Conference Summary. 7. An 8112"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 proposed dimensional requirements as well as landscaping plan. 10. A 3-D model of the proposal in context of the historic district. 11. Elevations of the proposed building and the buildings in the Hyman block to compare overall heights, storefront heights and massing. 12. 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. 11 x 17 size drawings are sufficient for HPC conceptual review and the reviews at P&Z and Council. Drawings at W = 1' scale is required for HPC final review. 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 on a CD. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. EXHIBIT Z A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) GRANTING MAJOR DEVELOPMENT(CONCEPTUAL)AND CONCEPTUAL COMMERCIAL DESIGN REVIEW APPROVAL FOR THE PROPERTY LOCATED AT 534 EAST COOPER STREET, LOTS R, S AND EASTERLY 2 1/2 FEET OF LOT Q, BLOCK 95,CITY AND TOWNSITE OF ASPEN, COUNTY OF PTTKIN,STATE OF COLORADO RESOLUTION#16,SERIES OF 2012 PARCEL ID: 2737-182-24-008. WHEREAS, the applicant, Boogie's Building of Aspen, LLC, represented by Kim Weil of Poss Architecture + Planning, has requested HPC Major Development (Conceptual) and Commercial Design Review (Conceptual) approval for the property located at 534 Cooper Street, Lots R and S, and the Easterly 2 1/2 feet of Lot Q, City and Townsite of Aspen, Colorado; and WHEREAS,the subject property is located within the Commercial Core Historic District; and WHEREAS, Section 26.415.070, Development involving designated historic property, of the Municipal Code states that "no building or structure shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or district until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review;"and WHEREAS, for Conceptual Major Development Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.D.3.b.2 and 3, Development involving designated historic property- Certificate of appropriateness for major development, of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, for Conceptual Commercial Design Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen Commercial, Lodging and Historic District Design Objectives and Guidelines per Section 26.412.040.A.2, Commercial Design Standards Review Procedure, of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, Sara Adams, in her staff report to Historic Preservation Commission dated July 11, 2011, performed an analysis of the application based on the standards, found that the review standards are met with conditions; and RECEPTION#:590891, 07/26/2012 at 10:13:55 AM, 534 E. Cooper Street(Boogie's) 1 OF 2, R $16.00 Doc Code RESOLUTION Janice K.Vos Caudill, Pitkin County, CO HPC Resolution#16, Series of 2012 Page 1 of 2 WHEREAS, during the duly noticed public hearing on July 11, 2012, the applicant provided the Historic Preservation Commission with proof of completion of the neighborhood outreach requirement of Section 26.304.035.C.3 and Section 26.304.035.F, Neighborhood Outreach, of the Aspen Municipal Code; and WHEREAS, at their regular meeting on July 11, 2012, the Historic Preservation Commission considered the application during a duly noticed public hearing, the staff memo and public comments, and found the proposal consistent with the review standards and recommended approval with conditions by a vote of four to zero (4—0). NOW,THEREFORE, BE IT RESOLVED: That HPC hereby grants HPC Major Development (Conceptual), Commercial Design Standard Review (Conceptual) approval for the property located at 534 East Cooper Street, City and 1'ownsite of Aspen, Colorado with the following conditions: 1. Chimney is not approved. 2. Restudy materials on elevator shaft to reduce perceived mass and height for review at Final Review. 3. The 42 ft. height increase is not approved. 4. Public amenity approved to be 8% onsite and 2% off-site public improvements to the right of way subject to review and approval by the Parks Department, Engineering Department and Community Development Department. 5. A development application for a Final Development Plan shall be submitted within eighteen(18) months of July 11, 2012, the date of approval of a Conceptual Development Plan. Failure to file such an application within this time period shall render null and void the approval of the Conceptual Development Plan. The Historic Preservation Commission may, at its sole discretion and for good cause shown, grant a one-time extension of the expiration date for a Conceptual Development Plan approval for up to six (6) months provided a written request for extension is received no less than thirty (30) days prior to the expiration date. APPROVED BY THE COMMISSION at its regular meeting on the 11th day of July,2012. Ann Mullins, Chairman App r d as to F orm: Deb ie Quinn,Assistant City Attorney ATTES Kathy Stric and,Chief Deputy Clerk 534 E. Cooper Street (Boogie's) HPC Resolution#16, Series of 2012 Page 2 of 2 EXHIBIT COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No.: 01330-4701 1. Effective Date: February 28, 2012 at 8:00 A.M. 2. Policy or Policies to be issued: Amount of Insurance (a)A.L.T.A. Owner's 2006(Standard) Proposed Insured: To be determined (b)A.L.T.A. Mortgagee's Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the said estate or interest in said land is at the effective date hereof vested in: Boogie's Building Of Aspen, LLC, a Colorado limited liability company 5. The land referred to in this Commitment is described as follows: The Easterlp2 1/2 Feet of Lot Q, and all of Lots R and S, Block 95, CITY AND TOWNSITE OF ASPEN COUNTY OF PITKIN, STATE OF COLORADO. Purported Address: STATEMENT OF CHARGES 534 East Cooper Avenue These charges are due and payable Aspen, CO 81611 before a policy can be issued Title Commtiment Charge:$250.00 Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good Standing as of the date of use. AN other uses are prohibited Reprinted under license from the American Land Title Association. ,...�c. .w Fite No.013304701 Page 1 of 1 CO STG ALTA Commitment Sch A STO -aa.yvar" COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART File No.: 01330-4701 The following are the requirements to be complied with: 1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. NONE AT THIS TIME 4. NOTE:This product is for informational purposes only. It is not a title insurance product and does not provide any form of coverage. This product is not a guarantee or assurance, and does not warrant, or otherwise insure, any condition,fact or circumstance. This product does not obligate this Company to issue any policies of title insurance for any subsequent transaction based on the information provided or involving the property described herein. This Company's sole liability for any error(s) relating to this product is limited to the amount that was paid for this product. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standi as of the date of use. ewe sii x N 8 n9 r�ru nni A'other uses are prohibited. Reprinted under license from the American Land Title Association. .....c..u..r File No.01330-4701 Page 1 of 1 F-StImAraft CO STG ALTA Commitment Sch B I —ttie COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II File No.: 01330-4701 Schedule B of the policy or policies to be issued will contain exceptions to the following matters 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. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and 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 but prior to the date the proposed Insured acquires for value of record the estate or Interest or mortgage thereon covered by this Commitment. 6. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance thereof. 7. Water rights,claims or title to water. 8. Any and all unpaid taxes and assessments and any unredeemed tax sales. 9. The effect of inclusions in any general or specific water conservancy,fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 10. Terms conditions and obligations contained in Mining Deed recorded recorded January 1, 1900 in Book 125 at Page 1 and in Mining Deed recorded recorded January 1, 1999 in Book 105 at Page 66 and in Mining Deed recorded recorded January 1, 1999 in Book 106 at Page 482 11. Terms conditions reservations and restrictions contained in Deed from City of Aspen recorded January 1, 1900 irk, Book 59 at Page 248. 12. Agreement recorded February 23, 1965 in Book 211 at Page 551. 13. Notice of Historic Designation recorded January 13, 1975 in Book 295 at Page 515. 14. Occupancy Deed Restriction and Agreement for an Employee Dwelling Unit recorded May 15, 1995 in Book 781 at Page 23 as Reception No, 381336. 15. Any and all leases and tenancies. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the data of use. AN ttl(AM !1\t5 flTlt AN other uses are prohibited Reprinted under license from the American Land Title Association. ,,,.H File No.01330-4701 Page 1 of 1 r— CO STG ALTA Commitment Sch B 11 STO 30M.7 EXHIBIT February 1, 2013 Ms. Jessica Garrow Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Ms. Garrow: Please consider this letter authorization for Sunny Vann of Vann Associates, LLC, Planning Consultants, to represent me in the processing of my application for subdivision/GMQS approval and such other land use approvals as may be required for the development of a third floor addition to my property located at 534 East Cooper Avenue in the City of Aspen. Mr. Vann is hereby authorized to act on my behalf with respect to all matters reasonably pertaining to the aforementioned applica- tion. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, BOOGIE'S BUILDING OF ASPEN, LLC Leonard Wei ass 534 East Cooper Avenue Aspen, CO 81611 (970) 925-6462 d:\oldc\bus\city.ltr\Itr58712.j g 1 EXHIBIT ATTACHMENT 2-LAND USE APPLICATION PRO.I Ec"r: Name: I Location: Indicate street address, lot&block number, legal description where appropriate) Parcel ID# RE UIRED APPLICANT: Name: •.+��,�� �-� `/` � G''t� Address: Phone#: REPRESENTATIVE: ,cam• Name: Address: Phone#: 7 �8 loor TYPE OF APPLICATION: (please check all that apply): ❑ MQS Exemption ❑ Conceptual PUD El Temporary Use MQS Allotment ❑ mal 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 gbuiilldin s, uses,previous approvals,etc. PROPOSAL: (description of proposed buildings, uses,modifications,etc. G97"/awl Havc you attached the following? FEES DUE: $� [Pe-Application Conference Summary Attachment#1,Signed Fee Agreement sponse 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. EXHIBIT ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: qc. Applicant: Location: S�� S7'"cJa �T -�f t/ • Zone District: Lot Size: G L Lot Area: - ZG9 (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:/',goex Proposed: Il dZoe Number of residential units: Existing: %Proposed:/ Number of bedrooms: Existing: Proposed: Proposed %of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: Allowable: Proposed• Principal bldg. height: Existing: Allowable: Proposed: Access. bldg. height: Existing: Allowable: Proposed: On-Site parking: Existing: Required.• Proposed: % Site coverage: Existing: Required: Proposed: %Open Space: Existing: Required: Proposed: Front Setback: Existing: Required: Proposed. Rear Setback: Existing: Required.• Proposed: Combined F/R: Existing: Required: Proposed.• Side Setback: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Combined Sides: Existing: Required: Proposed: Distance Between Existing Required: Proposed: Buildings Existing non-conformities or encroachments: Aley- —4r Variations requested: Ile: EXHIBIT 1 Agreement to Pay Application Fees Anagreement between the City of Aspen_Q " and Property Boogie's Building of Aspen,LLC Phone No.:925-6462 Owner("I"): cto Leonard Weinglass Email: Address of 534 East Cooper Avenue Billing Same Property: Aspen, CO 81611 Address: (subject of p (send bills here) application) I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land U applications and the payment of these fees is a condition precedent to determining application completeness ) understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $1,625 flat fee for APCHA (Housing) $0 flat fee for Select Dept $0 flat fee for Select Dept $ 0 Flat fee for Select Review For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the ill extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ 7,800 deposit for 24 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at$325 per hour. $265 deposit for 1 hours of Engineering Department staff time. Additional time above the deposit amount will be billed at$265 per hour. City of Aspen: Property O nor: Chris Bendon Leonard Weingfass Community Development Director Name: City use: 8690 Title: Owner Fees Due:$ Received:$ January.20 13 CitN ot .As�en 1 130 S. Galena SL, 1 EXHIBIT 8 308 HUNTER LLC 4 SKIERS LP 434 EAST COOPER AVENUE LLC 490 WILLIAMS ST 1108 NORFLEET DR CURTIS B SANDERS ESQ DENVER,CO 80218 NASHVILLE,TN 372201412 201 N MILL ST#201 ASPEN,CO 81611 450 SOUTH GALENA ST INVESTORS LLC 520 EAST COOPER PTNRS LLC 610 EAST HYMAN LLC 450 S GALENA ST#202 402 MIDLAND PARK C/O CHARLES CUNNIFFE ASPEN,CO 81611 ASPEN,CO 81611 610 E HYMAN AVE ASPEN,CO 81611 633 SPRING II LLC ABRAMSON FAMILY REV TRUST ADAM P T 418 E COOPER AVE#207 181 SOUTH AVE PO BOX 9066 ASPEN,CO 81611 ALAMO,CA 94507 ASPEN,CO 81612 AGRUSA LISA ANN AJAX MOUNTAIN ASSOCIATES LLC ANDERSON ROBERT M&LOUISE E 2090 W FIRST ST#1010 520 E DURANT ST#207 1021 23RD ST FORT MYERS,FL 33901 ASPEN,CO 81611 CHETEK,WI 54728 ARCADES ASSOCIATES LTD LLC AREP ASPEN SQUARE 406 LLC ASHTON SQUARE LLC C/O KRUGER&CO PO BOX 1546 9204 EMMOTT RD 400 E HYMAN AVE ASPEN,CO 81612 HOUSTON,TX 77040 ASPEN,CO 81611 ASPEN ART MUSEUM ASPEN GROVE ASSOCIATES LLP ASPEN KOEPPEL LLC - 590 N MILL ST C/O M&W PROPERTIES 3551 ST GAUDENS RD ASPEN,CO 81611 205 S MILL ST#301A COCONUT GROVE,FL 331336530 ASPEN,CO 81611 ASPEN RETREAT LLC ASPEN SQUARE 410 LP ASPEN SQUARE VENTURES LLP 6536 E GAINSBOROUGH 1407 YONGE ST#200 C/O M&W PROPERTIES SCOTTSDALE,AZ 85251 TORONTO ONTARIO 205 S MILL ST STE 301A M4T IY7 CANADA, ASPEN,CO 81611 AV STEIN LLC 19.08° AWALL350 LLC BAISCH BARBARA D 601 E HYMAN AVE 350 BLANCA AVE PO BOX 2127 ASPEN,CO 81611 TAMPA,FL 33606 LA JOLLA,CA 92038 BARBATA ELENA ANDERSON 1/3 BARBATA LAURA ANDERSON 1/3 BARGE RENE TRUST C/O CHARLES SKIPSEY 2040 FRANKLIN ST#507 408 31ST ST PO BOX 2045 SAN FRANSISCO,CA 94109 NEWPORT BEACH,CA 92663 RANCHO SANTE FE,CA 92067 BATTLE GERALD LIVING TRUST BECKER ERNEST&KATHLEEN TRUST BERSCH BLANCHE TRUST HIXON BURT LIVING TRUST 8090 S DURANGO DR#115 9642 YOAKUM DR PO BOX 2847 LAS VEGAS, NV 89113 BEVERLY HILLS,CA 90210 NEWPORT BEACH,CA 92659 Easy Peel®Labels i ♦ Bend along line to i AVIERV� 5160® Use Avery®Template 51600 Feed Paper expose Pop-up Edge TM � � BISCHOFF JOHN C BLACK HAWK ASPEN LLC BONCZEK ROBERT R 502 S VIA GOLONDRINA ROECLIFFE COTTAGE JOE MOORES LN PO BOX 2896 TUCSON,AZ 85716-5843 WOODHOUSE EAVES CHAPEL HILL, NC 275152896 LEICESTERSHIRE LE12 8TF ENGLAND, BORGIOTTI CLAUDIO BPOE ASPEN LODGE#224 BRONSON RICHARD L TRUST 50% 10509 HUNTING CREST LN 210 S GALENA ST#21 4510 NE DELAMAR PL VIENNA,VA 22192 ASPEN, CO 81611 LEES SUMMIT, MO 64064 CALGI RAYMOND D CARAS STACY TRUST CAVES KAREN W 134 TEWKESBURY RD PO BOX 266 1 BARRENGER CT SCARSDALE, NY 10583 PALOS VERDES ESTATES, CA 90274 NEWPORT BEACH,CA 92660 CHATEAU ASPEN CONDO ASSOC CHATEAU ASPEN UNIT 21-A LLC CHERAMIE ALAN A 1/22 INT 630 E COOPER AVE 421 ASPEN AIRPORT BUSINESS CTR 139 CHERAMIE LN ASPEN, CO 81611 STE G GOLDEN MEADOW, LA 70357 ASPEN, CO 816113551 CHERAMIE CAPITAL HOLDINGS LLC CHISHOLM REVOCABLE TRUST CLIFFORD MRS MARGARET JOAN 21/22 3725 N GRANDVIEW DR 146 WILD TIGER RD 143 CHERAMIE LN FLAGSTAFF,AZ 86004-1603 BOULDER,CO 80302 GOLDEN MEADOW, LA 70357 CMMM INVESTMENTS LLC COASTAL MOUNTAIN INVESTMENTS COASTAL MTN PROPERTIES LLC 4937 HEARST ST#B 2639 MC CORMICK DR METAIRIE, LA 70001 2519 N MCMULLEN BOOTH RD#510-307 CLEARWATER, FL 33759 CLEARWATER, FL 33761 COOPER STREET DEVELOPMENT LLC CORNELISSEN TOM COX JAMES E&NANCY C/O PYRAMID PROPERTY ADVISORS 4753 N SHORE DR C/O KRUGER&CO 418 E COOPER AVE#207 MOUND, MN 55364-9607 400 E HYMAN AVE ASPEN,CO 81611 ASPEN,CO 81611 CRAFT LESTER R JR DALY CAROL Y REV TRUST DCGB LLC PO BOX 127 0155 LONE PINE RD C-11 ATT GIORGIO RIGHETTI CFO BASALT,CO 81621 ASPEN,CO 81611 610 WEST 52 ST NEW YORK, NY 10019 DIBRELL CHARLES G JR&FRANCES EB BUILDING ASPEN LLC ECCHYMOSIS LLC 24 ADLER CIR 1601 ELM ST#4000 4802 E 2ND ST#2 GALVESTON,TX 77551-5828 DALLAS,TX 75201 LONG BEACH,CA 90803 ELLERON CHEMICALS CORP ERGAS VENESSA BLAIR&CLAUDE ESPOSITO VINCENT A&JANET M 2101 WAUKEGAN RD#210 PO BOX 4316 TRUSTEES BANNOCKBURN, IL 60015 ASPEN,CO 81612 6276 VIA CANADA RANCHO PALOS VERDES,CA 90275 f=tiquettes faciles A peter Replie2 a la hachure afin de , www.avery.com I Itilica�la naharit D\/FRV®C1 Sens de Ie—".A o........MC i � onn r_n nTicov � Easy Peeler Labels i ♦ Bend along line to i ® ; 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' ' EXHIBIT i MEMORANDUM i TO: Aspen Planning and Zoning Commission FROM: Mary Lackner, Planner RE: Boogies Diner GMQS Exemption - Change in Use DATE: April 25, 1995 SUMMARY: The applicant is seeking approval to expand the kitchen area of the Boogies Diner by 249 net leasable square feet and convert a two-bedroom employee dwelling unit into a one-bedroom unit. No floor area is being added to the building as the net leasable square footage is being taken out of the existing employee unit. A copy of the application is included as Exhibit "A" . To accommodate this request, the applicant has addressed Section 24-8-204 (B) (1) (b) for GMQS Exemption Change in Use which enables this request to be reviewed by the Planning and! Zoning Commission. APPLICANT: Lenny Weinglass, represented by Kim Weil from Bill Poss & Associates. LOCATION: 534 E. Cooper Street, Lots R and S, Block 95, City and Townsite of Aspen. ZONING: CC (Commercial Core) zone district with Historic District Overlay. PROCESS: The Planning Commission will review the applicant's request for the GMQS Exemption at a public meeting. The Commission makes the final decision on this GMQS application. REFERRAL CoHMENTS: Staff has received referral comments from the Housing Office. This referral memo is attached to the packet in Exhibit "B". STAFF COMMENTS: The 6, 000 sq.ft. parcel is presently improved with an approximately 13 , 234 sq.ft. structure which contains retail space, a restaurant, storage area, and an employee dwelling unit. Section 24-8-204 (B) (1) (b) states: Change in use. Any change in use of an existing structure between the residential, commercial/office, and tourist accommodations categories for which a certificate of occupancy has been issued for at least', two (2) years and which is intended to be reused, provided that it can be demonstrated that the change in use will have minimal impact upon the city. A determination of minimal impact shall require a demonstration that a minimal number of additional employees will be generated by the change in use and that employee housing will be provided for the additional employees generated; that a minimal amount of additional parking spaces will be demanded by the change in use and that parking will be provided; that there will be minimal visual impact on the neighborhood from the change in use; and that minimal demand will be placed on the city's public facilities from the change in use. Response: The applicant is proposing to increase the net leasable area of the building by 249 sq. ft. The Housing Office has calculated that the increase in net leasable space generates 1.3 employees and 60% mitigation equates to .78 employees, based on 5.25 employees per 1, 000 square feet. The applicant is proposing to pay cash-in-lieu at the Category 2 level for mitigation of the employees generated. The reconfigured employee dwelling unit will need to have a new deed restriction filed, reflecting the change in size and bedrooms. This deed restriction shall be filed with the Housing office prior to the issuance of any building permits. Section 24-5-209 (E) (3) requires that 2 parking spaces per 1, 000 sq.ft net leasable area be provided in the CC zone district. This project therefore generates 0. 5 parking spaces. The applicant may pay cash-in-lieu for the mitigation of the parking requirement, which is $15, 000 per space. This project requires a mitigation of $7, 500 for 0. 5 parking spaces. The proposed change in use does not affect the exterior of the structure, therefore no visual impacts are anticipated. The City's public facilities are in place to the parcel, however the applicant will be responsible for additional tap fee ' s that may be assessed due to the increased kitchen size. ISSUE: Staff has some concern that one bedroom of the employee dwelling unit is being removed in order to increase the net leasable area of the building. Although the City has a multi- family housing replacement program that limits the amount of affordable housing that can be removed from the redevelopment of multi-family project, it does not address the removal of single units or bedrooms from the affordable housing inventory. Due to the fact this unit was originally provided on a voluntary basis and deed restricted to affordable housing, staff can support the removal of one bedroom. Staff would not support the removal of the unit entirely from the project. SUMMARY: Staff believes that the applicant' s proposal is consistent with the requirements of the Aspen Municipal Code. 2 RECOMMENDATION: Staff recommends that the Planning Commission approve the applicant's request subject to the following conditions: 1. Prior to issuance of any building permits, the applicant shall record a new deed restriction on the newly defined remodeled one-bedroom unit to a fully-deed restricted Category 2 unit. 2 . Prior to the issuance of any building permits, the applicant shall pay the $39, 999 .30 cash-in-lieu for mitigation of the employee generation. If this balance is not paid by May 22, 1995 the fee will increase to $50, 195.20. 3 . The applicant shall pay the parking cash-in-lieu mitigation of $7 , 500, prior to the issuance of any building permits. 4. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTION: "I move to approve the Boogies Diner GMQS Exemption for a change in use that adds 249 sq. ft. of net leasable area, subject to the conditions recommended in the April 25 , 1995 Planning Office memorandum. " EXHIBITS: "A" - Application Information "B" - Housing Office referral comments 3 Exhibit- A, 60.5 EAST MAIN STREET ASPEN.COLORADO 81611 TELEPHONE3031925-4755 FACSIMILE 3x3/920-2950 March 16, 1995 Kim Johnson _ Aspen/Pitkin County Planning Office 130 S. Galena Aspen, CO 81611 RE: BOOGIES DINER KITCHEN EXPANSION Dear Kim, Please consider this letter and the accompanying information a formal request for a GMQS exemption by the Planning and Zoning Commission. This request is being made under Section 8-104.B.1.b, change in use, provisions of the Land Use Code. PROJECT DESCRIPTION. Boogies Diner was constructed during the summer of 1987. It received a Certificate of Occupancy in November, 1987. The project was a reconstruction of The Shaft restaurant. As part of the reconstruction, a voluntary employee unit was created. This unit contained two bedrooms and 1 bath in 991 net livable square feet. Over the years, both bedrooms have rarely been occupied. Presently, the unit is occupied by the store manager and only one bedroom is utilized. At the same time, the restaurant portion of the operation has enjoyed great popularity. The success of this restaurant has caused it to out grow its present kitchen. Therefore, we are proposing to reconfigure the space at the north end of the second level. When completed, the remaining employee unit will contain approximately 715 s.f. net livable area with 1 bedroom and 1 bath. The restaurant kitchen area will expand by 249 net' !easabic square feet. I: is important tc ^ot� that nc new restaurant Staff will be requ..--- Rather, the new space will allow the existing staff to spread out and work more efficiently, and safer. BOOGIES DINER KITCHEN EXPANSION March 16, 1995 REVIEW STANDARDS. 1. Employee Housing. Since the existing employee unit was provided on a volunteer basis, we feel converting the unit from two bedrooms to one bedroom is appropriate, particularly since, as stated previously, only a one bedroom unit is needed on site. With respect to the newly created commercial space, the existing building configuration and the small size of the expansion make more on site housing impractical. Therefore the owner will make a cash payment to offset 60% of the employees generated by the expansion (again, please keep in mind that there will be no increase in staff as a result of this expansion). The amount of cash required by the code is variable, but we propose four (4) employees per 1,000 square feet at a Category 2 level. 2. On Site Parking. In this case, we feel we are swapping a bedroom with commercial space and not creating any additional floor area or parking demands. Therefore, we would request that no parking mitigation be required. 3. Visual Impact. Since this is an interior remodel, there should be no visual impact to the city. 4. Impact on Public Services. The impact on public services will be very minimal. The new space will be used primarily for storage and prep work. The owner will pay all required water and sewer tap fees. CONCLUSION. We feel this request for change in use meets the requirements of the Land Use Code. Please schedule a hearing before the Commission on their earliest available agenda. Please feel free to contact us if you have any questions. Sincerely, Kim Weil Project Manager 2 -- Existing Floor Plan I i I Zoom UviO I ` C4 10, i 1_sa. f i ♦�!U/vs1L ItY ys;D d G,,g a '^ m�jfl[�WAID I Q p<d♦OOM N{C�iNER/DKYER• + I 1 rill 110 t I I I rte,/:, SO 1 I 3Zr I �n 1 21AI J I `V I I Vibr�i J,-ws I - i7iil I � p�Ny o1nNE��� r 51 /�`- 3=-1Y 1a 4'_G'•3/Zlf}, ka 10 0 12'-0 3/4" tit I ( ( I I i I 1 I I t p .3 1i2" 3 ,/Z• 1C i 4'-3 3;;• b'-3 3/B" 4'-10 5,14* Z rn ' I i o fit I 1 I � I 1 4 I i II rn F EXHIBIT 381336 R-781' P-23 05/15/95 03:10P PG 1 OF 3 REC SILVIA DAVIS PITKIN COUNTY CLERK b RECORDER 15.00 OCCUPANCY DEED RESTRICTION AND AGREEMENT FOR AN EMPLOYEE DWELLING UNIT If THIS AGREEMENT is made and entered into this .7 ' day of � r 19.S by Leonard We�tglass (hereinafter referred to as"Owner. whose address' 534 East Cooper, located in the County of Pitldn, and the AsperdPWdn County Housing Authority, a multyurisdictional housing authority estabUshed pursuant to the AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT recorded in Book 605 at Page 751 of the records of the Pitkin County Clerk and Recorder's Office(hereinafter referred to as"Authority"). WITNESSETH WHEREAS,Owner owns real property more specifically described as Lots R,S and the East 2-1/2' of Lot 1, Block 96,City of Aspen(hereinafter referred to as"Real Property"),which Real Propedy shall contain a one bedroom Employee Dwelling Unit,approximately 715 net liveable square feet and Is located above on the second floor of the building (hereinafter"Employee Dwelling Unit"), approved by the City Planning and Zoning Commission on April 25, 1995. For purposes of this Agreement, the Employee Dwelling Unit,the Real Property,and all appurtenances,improvements and fixtures associated therewith shall hereinafter be referred to as the"Property";and WHEREAS,this Agreement imposes certain covenants upon the Property which restrict the use and occupancy of the Employee Dwelling Unit to employees and their families who are employed in Piddn County and meet the qualification guidelines established and Indexed by the Authority on an annual basis. NOW,THEREFORE,in consideration of the mutual promises and obligations contained herein, the Owner hereby covenants and agrees as follows: 1. Owner hereby covenants that the Employee Dwelling Unit described above shall at all times remain a rental unit and shag not be oondominiumized. 2. The use and occupancy of the Employee Dwelling Unit shall henceforth be limited exclusively to housing for employees and their families who are employed in PRIdn County and who meet the definition of"employee" as that term Is defined by the qualiflc:ation guidelines established and Indexed by the Authority on an annual basis. Owner shall have the right to lease the Employee Dwelling Unit to a"qualified employee"of his own selection. Such individual may be an employee of the Owner, provided such person(s)fulfills the requirements of a qualified employee. 3. The Employee Dwelling Unit shag not be occupied by the Owner or members of the immediate family("Immediate Family"shall mean a person related by blood or marriage who is a first cousin for closer relative]and his or her children)nor shag the Employee Dwelling Unit be used a guest house or guest facility. 4. Written verification of employment of employee(s)proposed to reside in the Employee Dwelling Unit shall be completed and filed with the Authority by the Owner of the Employee Dwelling Unit prior to occupancy thereof, and such verification must be sooeptable to the Authority. 5. The Employee Dwelling Unit shall be required to be rented for periods of no less than six (6) consecutive months. Upon vacancy of the Employee Dwelling Unit,the Owner is granted ninety 381336 B-781 P-24 05/15/95 03:10P PG 2 OF 3 (90) days in which to locate a qualified employee. If no employee is placed by the Owner, the Authority may rent the Employee Dwelling Unit to a qualified employee. 6. The maximum rental rate shall not exceed the Category#3 rental rate as set forth in the Rental Guidelines established by the Authority and may be adjusted annually as set forth by the Guidelines. The maximum permitted rent for the unit on the date of execution of this deed restriction is $933 per month. Rent shall be verified and approved by the Authority upon submission and approval of the lease. Employees shall be qualified by the Authority as to employment only, and not maximum income or asset limitations. 7. Lease agreements executed for occupancy of the Employee Dwelling Unit shall provide for a rental term of not less than six(6)consecutive months. A signed and executed)copy n fthele)s for the be provided to the Authority by the Owner within ten(10)days of appr Employee Dwelling Unit. 8. This Agreement may be removed by the Owner with the approval of the Pitkin County Board of County Commissioners, subject to the requirement that the Employee Dwelling Unit is removed or modified. If modified, the remaining improvements must no longer be capable of occupancy as a"dwelling unit" as defined in the Pitkin County Land Use Code and must meet otherwise applicable code requirements. 9. Unless modified as stated above,this Agreement shall constitute covenants running with the Real Property as a burden thereon for the benefit of, and shall be specifically enforceable by, the Authority, the Board of County Commissioners of the County of Pitkin, Colorado, and their respective successors,as applicable, by any appropriate legal action including, but not limited to, injunction, abatement,or eviction of non-qualified tenants. IN WITNESS HEREOF,the parties hereto have executed this instrument on this date and year above first written. OWNER: L and Weinglass Q Mailing Address: e'/D B 0 I es arr f N C 4oK y 42s- 1�f�P�� STATE OF 6010( •QO ) ss. COUNTY Pii r� ) The foregoing instrument was acknowledged before me this,day of by Leonard Weinglass. AMY M.KApMA210NrNOTARY Pt1ei.IC WITNESS MY hand and official seal; My Commission expires: J1AW a TRUST P O tjOx 3877 ASPEN.CO 81612 my OMS18601 OPM Wool;Q7 Notary ublic �`gNn�engp�� �a KARRlq��yi g��QTARVy��Z 2 -0-0-� y pU B Ocil 381336 B-781 P-25 05/15/95 03c10P PG 3 OF 3 ACCEPTANCE BY THE HOUSING AUTHORITY The foregoing agreement and its terms are accepted by the Aspen/Pitkin County Housing Authority. THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY By: Elizabeth Krizmanich, Chairperson Mailing Address: Executive Director Aspen/Pitkln County Housing Authority 530 East Main, Lower Level Aspen,CO 81611 STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me thiseday of 19! by Elizabeth Krizmanich. WITNESS MY hand and official seal. My Commission expires: ;2 Date 4 P, �wo,k�eboopi«..du v' o o sr�TE Of..... fr 3 02/11/2003 11:32 97092?"760 BOOGIE'S EXHIBIT P10$ February 10,2003 Dew Members of the Aspen City Council: I am asking for your apprwttl on a trtaporuy awning at Boogic's Dioer. The awning is not a pets awe' structure and can be taken down at any time. Tl1e.patio at Boogie's seats approximately er 60 d wh amtnthy. jtr rite winter,we Iose those seats. Locals and tourists ahlcc are angered when they bave to wait 45 minubea to an hour for table. Listed below are=a few examples of when we could really use the outside scatimg: The X-Gaum Christmas and New Years President's Weekend The entire month of March $oogic's will generaee tnurJt mote tax revenue for the community with the wintertime Patio' We employ more than ill people and the awning allows for mote jobs and tTwrc hotus to my employ We need an extra cooly,two additional servers and a btu boy to cover the additional seating. to o makes is also,by far, the favorite caring establishment for children. The extra 30 scab on the winter patio makes the wait north M01 e bearable for all involved. Also,Boogie's Diner contributes to marry charitable organizations in this valley. Some examples are fisted below,Just to name 3 few: The Sunshine Kids Challenge Aspen The Silver Lining Ranch Sister City Program The Buddy Program Additionally,we provide discounts to RFTA.Aspen Police,Mountain Rescue and Aspen Fi mftgbtem We donate silent auction item tbroughout the year to over So additional organizations. We support all schools and daycare canters. In reality,Boogie's tuns like a non-profit company. Last year,Boogie's Diner Foundation gave over 6500,000.00 back to the comet mitt'in charitable donations. I haven't drawn a sal=y,or taken any money for that matter,in twelve Years- the f end,therefore,extremely safe. I Was persoaatly involved in the The awning is comp y fitaPr°o installation of it In the past,I have built and tun over 1,000 stores and I am fully awuc of all safety procedures. ; In summation.I strongly believe the awning is a win-win situation. Thank you for your time. Sincerely, CL (Boogie)Weingla" 534 E . COOPER ST . ASPEN CO 81611 ( 303 ) -925 - 6111 EXHIBIT RESOLUTION NO. 21 (Series of 2003) A RESOLUTION OF THE ASPEN CITY COUNCIL, GRANTING A TEMPORARY USE APPROVAL TO ALLOW FOR THE SECOND FLOOR PATIO TO BE TENTED AT BOOGIE'S DINER,534 E.COOPER AVENUE,LOTS R AND S, BLOCK 95; CITY AND TOWNSITE OF ASPEN,PITKIN-COVrM,COLORADO. Parcel ID:2737-182-2¢008 WHEREAS, pursuant to Section 26.450 of the Aspen Municipal Code, the Applicant, Leonard "Boogie" Weinglass, has submitted an application for a Temporary Use Permit to tent the second floor patio of Boogie's Diner located at 534 E: Cooper Avenue, Lots R & S, Block 95, City and Townsite of Aspen; and, WHEREAS, the Applicant requests to tent the patio through the end of March of 2003 and during other various shorter time periods throughout the year; and, WHEREAS, the Community Development Department has reviewed the temporary use application and recommends that the City Council approve the temporary use permit with conditions; and, WHEREAS, City Council finds that the proposed temporary use is consistent with the character and existing land uses of the surrounding parcels and neighborhood and that granting the temporary use permit will not adversely impact the neighborhood; and, WHEREAS, the Aspen City Council has reviewed. and considered the temporary ,use request 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 at a public hearing;and, i WHEREAS, the City Council finds that the temporary use request meets or exceeds all 1 applicable development standards and that the approval of the proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, f j I WHEREAS, the City Council finds that this Resolution furthers and is necessary`for the promotion of public health, safety,and welfare. NOW,THEREFORE,BE IT RESOLVED BY THE CITYtOUNCIL OF ASPEN, COLORADO,THAT: Section 1: In accordance with Section 26.450.420 of the Aspen Municipal Code, the City Council of t'he 1 City of Aspen, Colorado, does hereby grant Boogie's Diner a temporary use permit to maintain the tent structure on their second floor patio, subject to the following condition: f Resolution No. Series of 2003 Page 2 1. This temporary use permit shall expire on April 1, 2003 and removal of the tent must be completed by April 2,2003. 2. The Community Development Director may approve future temporary use requests to tent the second floor patio at Boogie's Diner for periods of no longer than fourteen(14)days if he/she finds a future request to be consistent with the approval granted herein. 3. The applicant shall obtain a building permit to maintain the tent through the end of March. Future requests to tent the patio area using the same tent structure that a building permit is issued for will not require the approval of future building permits. Sect This Resolution shall not effect 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 construed and concluded under such prior ordinances. Section : 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. FINALLY,ADOPTED,PASSED,AND APPROVED on March 10,2003, at a public hearing before City Council. APPROVED AS TO FORM: AM HelenKWgin d,Mayor ATTEST: Kathryn S. Koc ity Clerk EXHIBIT Sunny Vann Vann Associates, LLC P.O. Box 4827 Basalt, CO 81621 Subject: Conceptual Engineering Analysis-534 E. Cooper Avenue Subdivision Application SE Project No. 12237 Dear Mr. Vann, Sopris Engineering has prepared this letter to summarize our conceptual engineering findings in regards to the proposed renovation and third story addition to the existing building located at 534 E. Cooper Avenue. This report focuses on utility services to the building and drainage mitigation approach that meets the intent of the City of Aspen's Urban Runoff Management Plan (COA URMP). The information outlined within this letter was based on site plans prepared by POSS Architecture + Planning, existing survey performed by Sopris Engineering, LLC, coordination with various utility providers and a pre-design meeting with Mr. Josh Rice, City of Aspen Development Engineer. Existing Building Description: The subject building (Boogies Diner & Retail) is a two-story brick structure on a 6,269+/- s.f. lot located at the southeast corner of E. Cooper Avenue and S. Hunter Street. According to the City's assessor's website the building was constructed in 1988. The property currently occupies commercial space at the lower and upper levels. An affordable housing unit and diner are also located on the second floor. The basement is used for storage and houses the mechanical room and a walk-in cooler. The roof is primarily flat and includes roof drains that are connected to a dry well infiltration structure that is located within the basement. The surrounding sidewalks have been installed with a snowmelt system that extends from the edge of building to approximately 4-ft from the top back of curb . Project Description: The remodel and renovation work proposed include interior renovations, the installation of an elevator and a third level residential unit. The square footage of the existing roof will also be expanded and will include an exterior roof garden. The final product will include commercial space at the main and second level, continued use of the existing affordable housing unit on the second level and a residential dwelling unit at the upper level. Drainage: The City of Aspen requires that any development that disturbs more than 1,000 square feet and disturbance that exceeds 25% of the entire lot must treat for water quality and detention (or pay a fee-in- lieu) for the entire property. This section describes the existing drainage conditions as well as the proposed mitigation that meets the intent of the City of Aspen's Urban Runoff Management Plan (URMP). Exhibit A has also been provided for illustrational support. Existing Drainage Conditions: The existing site currently conveys runoff from approximately 850+/- s.f. of impervious area to the neighboring right-of-way. These areas include a narrow gap between the adjacent building to the west, a portion of the entrance roof atrium and the surrounding sidewalks along the east 502 Main Street • Suite A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax (970) 704-0313 1A and I s ° civil consultants January 15, 2013 SE Job#12237 Page 2 of 4 side of the building. The remaining 5,419+/- s.f. includes roof area that is currently being conveyed to the existing dry well located within the basement. It is our understanding that this infiltration system is functioning properly and there have been no reports of flooding within the basement. A site visit was conducted on January 9, 2013 to inspect and verify the size of this existing structure. Our findings indicate that the dry well is a 5-ft diameter perforated structure that is approximately 6.6+/-feet deep. The perforated portion of the structure is approximately 2.75-ft measured up from the sump and has a conical structure stacked on top with a 2-ft diameter access lid. Four 4-inch diameter cast iron roof drainage pipes enter the structure at a depth of 1.7+/- feet from the basement floor. A 4-inch HDPE flexible pipe also enters the structure and it is assumed to be a footer drain. Minor sediment build-up was observed and based on the water stain line within the structure the maximum staging of water is approximately 12- inches from the sump. Proposed Drainage Approach: As mentioned above the drainage requirements entail providing water quality treatment as well as detention to historic levels (or Fee-In-Lieu of detention for qualifying projects) for the subject property. This section describes our approach to both of these requirements and the information outlined below was presented to Mr. Josh Rice, City of Aspen Development Engineering, at a pre-design meeting held on January 10, 2013. • Water Quality Capture Volume (WQCV) is the amount of runoff generated from the 80th percentile storm event and is a function of impervious area. The proposal for this project would be to route the entire proposed roof area to the existing dry well structure for water quality treatment. The dry well sizing requirements outlined within Chapter 8 of the URMP were followed to determine the perforated area required to treat the proposed roof area. One of the variables used in this analysis is a percolation rate. Since this was not known during the time of this publication the minimal allowable infiltration rate of 3 in/hr was used. This is a conservative estimate based on our observations of the existing structure and the fact that it has been handling storm events in excess of the 80th percentile for the past 25 years. Based on this conservative assumption our results indicate that a minimum perforated surface area of 34 s.f. is required to meet the City's dry well criteria. Our field measurements of the existing structure indicate that there is currently 43 s.f. of available perforated area within the structure and therefore meets the requirements. Mr. Rice accepted this approach during our January 10th pre-design meeting. Providing water quality treatment for the surrounding sidewalk area and roof entrance atrium poses some challenges and would require the removal and replacement of approximately 1,940 s.f. of existing sidewalk and snowmelt system; of which 1,287 s.f. falls within the City's right-of- way. The water quality treatment volume required to treat the on-site portion of this sidewalk/snowmelt area was estimated to be 13+/- c.f. Sopris Engineering does not believe that removing this existing infrastructure and hauling the wasted material to the dump is justified nor does it meet the intent of the URMP. It should be noted that the proposed improvements will improve the existing conditions since the roof area will be expanded over a portion of this exposed sidewalk area; thereby reducing the amount of impervious area that is currently being conveyed to the City's right-of-way. It was mentioned to Mr. Rice that a water quality treatment variance request will be pursued at time of building permit for this isolated area. • Detention and Fee-In-Lieu for this project were also discussed with Mr. Rice. Despite the fact that the existing dry well has proven effective for the past 25 years the following approach was discussed with and agreed upon by Mr. Rice at the January 10th pre-design meeting: 502 Main Street • Suite A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax (970) 704-0313 SopRIS ENGINEERING • LLC civil consultants January 15, 2013 SE Job# 12237 Page 3 of 4 The proposed concept would be to install a small pump within the existing dry well at an elevation above the 5-year storm event. This pump would be sized to convey the 100-year post development peak runoff rate. These flows would be routed to the alley along the north side of the building. Since technically detention will not be provided on-site a fee-in-lieu will be paid. In 2011 the City of Aspen approved Ordinance 15 which implemented a voluntary fee-in-lieu of providing detention; therefore qualifying projects have the option of paying a fee rather than providing the required detention on-site. The fee is based on the amount of impervious area and the total cost of constructing the detention facility on-site (fee structure: 0.062 cf of detention for every square foot of impervious area and $70/cf of detention). Based on the impervious area outlined on the current site plan the FIL for this project has been estimated at$25,472+/-. A formal drainage report outlining the stormwater mitigation approach for this project will be submitted with the building permit application. In addition, a variance will be requested for the treatment of water quality for the remaining on-site exposed concrete sidewalk and entrance atrium. Utilities: Discussions have commenced with various utility providers. This section describes the status of this coordination. • Gas: Source Gas is the provider of natural gas in this area. Currently the building is served with a 2-inch service line off a 4-inch main that runs along the alley on the north side of the building. They have agreed that the service to the building can be split to provide two separate meters. • Electric: An existing transformer, owned by the City of Aspen Electric Department, has been located at the northwest corner of the building and is located underneath an eave of the adjacent building. The anticipated loads associated with the remodel and addition are not known at this time and it is possible that this transformer may not have capacity for the additional loads. Since upgrading this transformer could pose some challenges it is recommended that if additional loads are required that a service line be extended from the existing transformer that is located across the alley and directly north of the transformer that is currently providing service. • Telephone: Century Link is the provider of telephone service in this area. Service is currently provided to the existing affordable housing unit, commercial and restaurant components. Coordination efforts are currently underway to verify that the existing pedestal and service are adequate so serve the proposed residential unit. • Sanitary Sewer: Aspen Consolidated Sanitation District (ACSD) is the provider of sanitary sewer service for the Aspen area. ACSD stated in an email that the subject property has two sewer services to the existing building. One is approximately 115 feet west of the manhole east of the curb line in Hunter Street. The second is approximately 145 feet west of same said manhole. Both services are connected to the sewer main that runs along the alley. This sewer main is approximately 7.5-ft deep. The size and material types were not known and the District was not sure if the service located 115 feet from manhole was in use. The integrity, location, size, internal routing and material types of these service lines shall also be verified prior to construction. 502 Main Street • Suite A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax (970) 704-0313 SOPRIS ENGINEERING • LLC civil consultants January 15, 2013 SE Job# 12237 Page 4 of 4 • Water service is currently being provided to the subject property via a 4-inch cast iron pipe that is connected to the main water line that runs along S. Hunter Street. Based on the site visit the penetration through the building is along the northeast side of the building; however a shut-off gate valve was not located within the right-of-way. A fire suppressant system is currently installed throughout the building and a fire department connection is located near the south entrance along the east side of the building. Sincer I S g,•LLC Y.�I,ricy NMI, P� �rtnci al 4 ' En�t�-•,�tf,� 502 Main Street • Suite A3 Carbondale, CO 81623 (970) 704-0311 Fax (970) 704-0313 SOPRIS ENGINEERING • LLC civil consultants _ E F�FFF �FFF[11 FF u �t ue U. ue__ue U � _ _ ut 5}6e _ u �l ut ut `,_ --41 uc FORCE MAIN TO CONVEY EXCESS STORAGE TOAt1.EY': / POST N4'. / r APPRO%.LOCATION OF AREA=,to ACRES ~' BASIN K3: E%ISTING DRY WELL / Q30 OOOB c}s —INSTALL PUMP WITHIN AREA-0,002L ACRES Q100-0 oil CIS EXISTING DRY WELL TO ¢O $ Q10-0.008 CN BASIN U2- / CONATER U IN EXCESS TO ALLE Q100 0.011 Ch AREA=001762 ACRES °1, AREA BETWEEN SUBJECT BUILDING WATER gLIAl1TY TO ALLEY p q2, m 810.0 AC ds AND NEIGHBORING BUILDING. AREA•0.0155 AREA BETWEEN SUBIECT BUILDING FLOWS LIKELY ROUTEDTDALLEY 0100.CURRENTLY AND NEIGHBORING BUILDING. F%ISTING BASIN III: FIOWSCU0.PENTLY ALONG NORTH SIDE Of BUILDING / Q100• aCh FLOWS LIK ELY RDUTEDiO ALLEY AREA=0.1254 ACRES / ARE ROUTED TO / / !/// WQCV-13,132. / ALONG NORTH SIDE OF BUILDING ` J 11 UNTER AVENUE III. 52,13S d / V fs � '�] / 1 TO AVOID ECE DEMO OF 0100.0.70 c E%ISTING / SNOW MELT SYSTE A C CREWQTR TREATMENT u / EXTERIOR WILLRE SEEKING A FOR WQTREATMEEA/,' O ALL FLOWS CURRENTLY RWTEO TO ISTING / ROOF V LOVE HATCNEDAREAJIf DRY WELL LOCATED WITHIN THE EVENT / GARDEN u) V 1 It / POS 7t ��• / / / t `Q10 .a2 ds 0100 0.64 cis M1 / / Q,WOCV.PERC AR APE0.URMPs Vd '43 00) / _10313:/3-h=3430. ! / / PROVIDED ERC.AREA=34.3 f. % TREATMENT& DRY WELL STmjcTU IT EXIST DRY WELL STRUCTV A APPROXIMATE UMITSOF EXISTING 5NOWMELT SYSTEM. ME SNOWLT CONNECTED TO BOOG IES BOILER SYSTEM Qj / 7.24' d ies COO— _ ° / Z LIJ F PER je5: I O m COP — c 3 rwT�WRf� ---___ __/ En 0 X a 7�4DERS?RfFT '- - - ?. j 4 a rsu4F�Ar _-_--� u w o vo O Z Q m 00 �a —79fee — — — _ — Ep LLJ W CL 0 W z � Q Q > PROPOSED CONDITIONS d LL Uj CO. EXISTING CONDITIONS OTALIMPERV1ousARFw•s,e6m..T. O O Q ESTIMATED FEEY EU OF DETENTION 12A O Z I' TOTAL IMPERVIWS AREA 61B •L U U LLI � EXISTING DRY WELL DATA: A in GRAPHIC SCALE 1. PERFORATED ATEDS STRUCTURE REDS DEPTH CALL BEFORE YOU DIG 2 PERFORATED STRUCTURE DEPTH°'-'S-FT H' 3. CONE TOP WITH 2-FT ACCESS MANHOLE OAl1 UTAIIY NOIi1CATI0N 1 d. (d)414CH CAST IRON ROOF DRAIN PIPES DID. R=(1 COLdiADYO1p IN FEET) 5. O%IEROPEPIPE(ASSUMED TO BE FOOTER DRNN) ®� SOD-9Z2-1JV7 1'nch2 10(T 8. OVERALL AVAILABLE PERC.AREA=43.25.F. m4 Lw¢Km.mssPP 61LL>-�r�IV yYn M Em4MMt: DATE: 1-11.13 !lP[Tpl a gGWL JOB NO. 12237 EXHIE3IT A ED Kim Weil From: Stephen Ellsperman <Stephen.Ellsperman @ci.aspen.co.us> Sent: Monday,July 09, 2012 11:03 AM To: Kim Weil Cc: Brian Flynn Subject: RE: Boogies Third Floor Addition We do have some projects that your group could contribute to. They include lighting retrogrades for the Downtown Pedestrian Mall for$9,000. This project would provide retrofits for the existing street lights in the downtown pedestrian mail which improve lighting functionality and efficiency. Thanks,Stephen From the desk of: Stephen Ellsperman City of Aspen Director Parks and Open Space 130 S.Galena Street Aspen,Colorado 81611 (970)429-2034 stepheneCa,ci.aspen.co.us http://aspenrecreation.com/ From: Kim Weil fmailto:kweil(&billposs.com) Sent: Thursday, July 05, 2012 1:18 PM To: Brian Flynn; Stephen Ellsperman Subject: Boogies Third Floor Addition Brian and Stephen—Sara Adams has asked me to get in touch with you. We are working with Boogies on potentially adding a third floor to his building. Sara has calculated a cash-in-lieu fee of$9,000 for the loss of existing public amenity space. In the alternative she asked that I contact you to explore any projects you have that Boogie may contribute to in order to satisfy the public amenity responsibility. Please contact at the number below in order to discuss this further. Thank you. KIM WEIL ARCHITECT I PARTNER P O S S ARCHITECTURE+PLANNING 605 EAST MAIN STREET ASPEN,COLORADO 81611 (t)970/925-4755 (f)970/920-2950 (e)kweil(d)billposs.com www.biliposs.com OUR PURPOSE I YOUR DREAMS I POSSIBILITIES ENDLESS Email secured by Check Point i S sco , i Lo - g— w ap i I l c5 li JJS fDZ t i THE CITY OF ASPEN Land Use Application Determination of Completeness Date: February 24, 2012 Dear City of Aspen Land Use Review Applicant, We have received-your land use application and reviewed it for completeness. The case number and name assigned to this property is 0011 2013 ASLU — 534E he plann Cooper GMQS. The assigned to this case is Jessica Garrow. ❑ Your Land Use Application is incomplete: Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. )d,Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank You, jViV (S t ' Jennifer h an, Deputy Director City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New SPA New PUD Yes No Subdivision, SPA,or PUD(creating more than 1 additional lot) Residential Affordable Housing GMQS Allotments 1L Yes_ ,G No Commercial >C— _ E.P.F. o00 - 2013 - - permits L .. File Edit Record Navigate Form Reports Format Tab Help gj ix 21 � � d � � , y..: � ji �„ Jump 3 Rotting Status Fees Fee Summary Fmain Actions Attachments'Routing}history ,,Valuation ArO/Eng Cusco€ I Permit type aslu aspen Land Use —� Permit 0011.2013.ASLU ' Address 534 E COOPER ApVSuite i City JASPEN —� State CO Zip 1816 11 i Permit Information Master permit Routing queue aslu07 Applied 2 ° Project Status Pending Approved f Description APPLICATION FOR BOOGIE'S BUILDING OF ASPEN,LLC GMQS ALLOTMENT Issued SUBDIVISION i Closed/Final 3 3 � i ;a submitted JVANN ASSOCIATES 925 6958 Clock Running Days F70 Expires 1i i Owner 1 Cast name ' EIffGLAS LEONARD First name PO BOA 11509 ASPEN CO 81612 Phone Address Applicant w Owner is applicant? ❑Contractor is applicant? r k,I Lack name "r , ,EING �� LASS LEONARD First name�—�� PO BOX 11509 ASPEN CO 81612 - - Phone 1 - Cust 129444 Aririres5 - - - - - Lender I Last name First name AspenGobd5(server) angelas rv1 of 1 C f,G 3 �2� Fn ► ��, g 5� -�v